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I am assuming your GC is "employment based".

If so , the basis of your GC application and hence I485 is your employment. The moment you don't have employment , you loose the basis for your application.

By applying for the benefits , you are risking your application for GC. I thought there was a case where a person got denial based on their application for unemployment benefits.

My husband's case was transferred from CSC to TSC. We haven't received the FP notice yet. USCIS status "The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office". when we called customer service cust service rep informed that we need to wait 180 days after the transfer for FP

Hi Logicifile,
so are we going to work on pushing an ammendment when this bill is on discussion on the senate floor or house...could you please clarify...

Thanks

If you follow #1 while you will have your GC immediately your wife will need to maintain her E3 visa until your PD is current again.

Hi,
Could you please elaborate on this point? Under what conditions can she use *my* priority date?

Have you checked the job codes for the two jobs ? Just given this information, the new role does look similar. However, I would run this by an attorney just to be safe.

Where can I find these job codes, I can lookup the old job code because I have the 750, but for the new one, where can i find that, I just have the company's job posting...

My company filed my green card and have applied for 485 for me and my wife on July 19 with July visa bulletin reinstated. We have also applied for AP and EAD for my wife. We both are on H1 at this time. My wife' job is going to end by month end.
Does she need to file change of status to H4 or it is fine to stay in US with AOS pending status.

My 140 is still pending

As far as I know, if a 485 is pending, a person can continue to be in the US without a visa. So she would not require a H-4.

All the same, I would still get a H-4 as this will be advantageous as,

1. Your receipt has not yet arrived. What if the Application is rejected for initial evidence problem?

2. AP takes a long time to come and she has to make an urgent trip back home?

3. 485 gets denied by mistake. She has to have a valid status to fall back on, so you can file motion to reopen, etc.

The chances of any of the above happening are low, but it is better to anticipate trouble and be as prepared as we can.

Have you gone out of the country and came back to USA on H1B visa after that ?
If so, you are safe. Status is checked from the last lawful entry into US ( entry using AP does not help).

I never heard this? Any references to confirm this?

Currently my labor and 1-140 has been approved. But i havent been able to apply for I-485 due to retrogression. Hence if i change my job now and re-apply for labor will i continue to get extentions?


Also can anyone advice me that for a PERM application the pre-application i.e advertisements and stuff takes how long before i can actually apply for the labor. Also in Perm How long does one have to do the pre-application (advertisments etc)?

Can someone please help?

O.K. Once you get EAD being a H4 Visa holder you can do multiple jobs in multiple field as you were having H4 status. But now if you are having H1 status then you can do multiple jobs with all jobs having similar description to the job description for what your original employer filed your green card (485).

Now real question should be "Should I use EAD or Should I be on H1/H4?"

If U choose to use your EAD than from that moment your H status expires. In normal circumstances you would not care. But in reality your 485 process will still continue for years and say unfortunately something bad happen to your 485 process and get denied then you will have one choice that is to leave USA. But if you have maintained your H status not using EAD then in that kind of scenario you still keep working and staying in USA.

Understood..but in my case (H4) ..i am anyways not working...EAD is anyday better than H4...atleast i can work. and my husband will retain his H1 status. any suggestions?

lj_rr,

you dont need any special form to make FOIA request to DOL.

"The Department of Labor does not require a special form in order to make a FOIA request. Requests must be in writing, either handwritten or typed. Requests may be submitted by fax, courier services, mail, or to foiarequest@dol.gov. Although, as discussed immediately below, certain information may be required from a requester. "

U.S. Department of Labor -- Freedom of Information Act Guide (http://www.dol.gov/dol/foia/guide6.htm#how)


I wanted both Approval notice and Application(ETA-750), please tell me how to make this request?

USCIS will accept any applicaiton filed at a wrong service center uptil Aug 29th. If an applicant has not filed a form as per the direct filing instructions that became effective July 30th, still USCIS will accept any application filed at wrong locaiton as per their press release for direct filing that came sometime in June.

That's great

How long is the AP approval taking these days?

Hello,

I have a general question on EB# to EB2 porting and was hoping if I could get any advice here. I have a labor filed under EB3 in 2005. I got my EAD in 2007 (thanks to the floodgates that opened in July). Now I am planning to move to a different employer in a much better role. The future employer is a startup, and is a little hesitant on transferring H1B, but will file for my labor in EB2 category and will work on porting my priority date.

That means, I will have to drop my H1 (valid through 2012) and will be on EAD. Is it possible to file for EB2 and port from EB3 later on, if H1 visa is dropped and I am in solely on EAD?

Thanks for going through my post.

I have a quick question though it is not related to family petition.
what happens in this case ...you have a EAD valid for 2 years, say till Sept 2011. few months from now, 485 is denied for whatever reason.
does the EAD become null and void or can you still use EAD till 2011 ? (I know we can file MTR etc).
In other words, I wanted to know, what happens to EAD if GC is denied (in final judgement).

Thanks

When CIS denies a 485 they almost always immediately revoke any accompanying EAD and Advance Parole.

I am pretty sure these are people have come here to disrupt the forum or else who does not know about Sheila Murthy. It is just my observation that earlier all the questions were related to genuine issues and were answered as best as members knew. Recently a lot of people have joined in who have brought in negative energy, are abusive, are doubting IV, trying to create doubts in others minds, come to have fun or joke around, trying to prove that IV is a free for all forum and they can say what they want to say. All this was never there earlier. I think administrators should look into the same. IV is there to answer immigration problems and issues. People blame lawyers for not updating their websites or not informing clients unless an official news has come out but when IV came out with announcements before the news is official - all the new comers have done is mud slinging IV.

Be thankful there is a IV.

Under Part 3.

What should one put for
1. Nonimmigrant Visa number
2. Date Visa Issued
3. Consulate Where Visa was Issued.

I'm currently on a valid H1 extension with a valid I-94. The visa on passport has expired and I had got an extension within US. Anybody any ideas????

Depends on a lot of factors. My Sister in law, who in 24 yrs, working in India (for less than a year) and applied for Visitors visa and got it. There could be several factors that helped her.

1. She is coming for her sister's graduation.
2. She went for VISA stamping with her parents. (not sure if helped but I think it did)
3. She is non-IT and had her paychecks.
4 Consulate?? (she went to Hyderabad consulate).

My advice. There is luck factor. Get your documentation right and hope for the best.

Where's this information posted?

Having a "current" priority date, however, does not assure that a case will be adjudicated. The CIS, despite policy pronouncements to the contrary, clearly does not process cases on a "first in, first out" basis. Indeed, there does not appear to be any rational basis for their case selection scheme. The CIS Ombudsman has accused them of "picking the low hanging fruit" - meaning that they take "easy" cases in preference to "harder" cases, no matter when filed.

Applicants should not reasonably expect the CIS to adjudicate their pending adjustment of status applications shortly after their priority dates become current. Understand that when your priority date becomes current, that is just the start of the fight. You need to initiate vigorous inquiries through the CIS Ombudsman's office, the office of one of your Senators or your Congressman, and your own written inquiries and InfoPass appointment inquiries. Do not sit back and assume that they will do the right thing. Get on them and stay on them until your case is adjudicated.

Most important of all, do not simply assume that when your priority date becomes current, your case will be approved.

Money.........

In such cases, the PO Box owner or auth rep. takes the note that is left in the PO Box and collects the mail piece. This also applies for signature confirmation and other USPS services that requires a signature

The online status of my package on USPS tracking page shows same message as yours. It just struck me that how can a certified mail be delivered to the agency if one is sending it to a PO Box. I mean how can USPS get a delivery signature from a real person if the address is not a physical address, but a PO Box number. Any thoughts?