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neoneo

07-16 08:36 PM

I'm not sure the information is correct. You can add a spouse anytime before your I-485 is approved. Till that time it's a good idea, if you have a chance, to maintain two different applications. The difference is you can mention that you have a spouse in biometrics etc but you wont file for her EAD/ AP since she/he has a separate app since she is not a dependent.

In a nutshell " If-you-are-a-spouse-doesn't-mean-you-are-a-dependent".
If you don't plan to file as a dependent then you have to file two independent apps.

Don't get confused with dependent and spouse, these are two very different terms.

You would add a dependent before your I-485 approval depending upon whose PD is current.

PS: As usual all the disclaimer regarding of me not being an attorney applies. :D

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billbuff123

10-24 03:46 PM

Can you please suggest any good lawer for this. I talked to my lawer but he said I have to wait for the dates to be current
Thanks,

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kroy1976

04-14 08:05 AM

Yes, your reply is exactly same as her. But she added one more point. According to her The CBP officer can't deport a AP bearer. He/she has to parole the person and then can schedule a secondary check for I 140 validity. In such case my attorney can pitch in.

But I am not sure if this is true or she is being over assuring.

Thanks a lot

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vin13

04-26 02:22 PM

Why did we all come to USA?

Did any of you knew the Green card problems when you came?

Did you know the problems when you applied for greencard many years ago?

When was the first time you found out there was a ling wait period and so many problems?

Where do you want to go with this discussion?:confused:

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LloydsApple

11-11 06:04 PM

that's what I thought but she has dealt with a lot of bs with all this paperwork so it is nice to have additional insight to ease traveling worries. Thanks!

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Kevin Sadler

June 16th, 2006, 10:48 AM

i like the 4th one of the percussionist but my favorite is the last one for some reason. have you photographed concerts before? these are pretty good.

eu vou ver o seu jorge amana em los angeles. voce o conhece? ele e um musico carioca.

have a great weekend. vai brasil este domingo!!!! 5-0! :)

kevin

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Dipika

08-28 01:04 PM

To all,
If your EAD is not expiring soon (within 10 days) and your EAD renewal is still pending, there is chance that your expedited request may not be processed at all.
......

good. finally calling USCUS helps and your wife got EAD.:)

in my case i have applied for EAD/AP on 31st July and the same way, i got direct CPO email (no case Approved..) on 26th Aug. spouse AP approved on 20th Aug (but on my AP and spouse EAD still no LUD)

so no one know in what sequence USCIS is processing EAD/AP/485!

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India76

07-16 04:58 PM

I am also in same situation. My lawyer told me that he will file our application seperately without including each other as dependant. This doessn't make sense..... any input from others?

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CRAZYMONK

08-11 09:17 AM

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cademic Evaluation Services, Inc.
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retrohatao

07-17 02:41 PM

Am I hysteric or what?
Any ways here is the flash.
My case has been approved and got the so called Magic e-mails stating that the cards have been order
for me and the spouse.

Here is the "series of unfortunate events" :
1.
EB3/TSC
PD: Sometime in 1998
Stuck at labor for three years. Finally cleared in 2000 a month after I was let go.

2. Joined different company in 2001. Encore!!!. Filed GC again in 2001. This time I chose EB2
thought I would save some time.
3. Thanks to the political gimmics, stuck at labor again for three years finally cleared in 2004
4. Elated with the good news, applied i-140 & I-485 in 2004.
5. I-140 cleared without any hitches got EAD too. Expected i-485 to clear with in reasonable
amount of time.
6. Wait!!!, there it goes... the dreaded namecheck stopped it for another two years.

Following is the chronological order:
EB2/TSC
PD : October 17, 2001
LCl : January 7, 2004
RD I140/485 : May 28, 2004
EAD : July 26, 2004
FP Notice Date : February 1, 2005
FP Done : March 22, 2005
I140l : February 11, 2005
Namecheck initiated: June 2004
Namecheck cleared: June 2006.
I-485 cleared and cards ordered: July 2006.

Here is what I did to get out of namecheck:

1. e-mail to FBI on monthly basis
2. Snail mail to FBI, OMBUDSMAN on monthly basis
3. FAX to FBI on monthly basis
3. Involved congressman. Congressman's office contacted USCIS, but did not want to get involved with
FBI directly
4. Involved Senators. Senator's office contacted USCIS, but did not want to get involved with
FBI directly. One senator never even responded
5 got FOPIA.
6. Made the attorney to contact USCIS officially
7. Started the group "namechektracker" on yahoo groups http://groups.yahoo.com/group/namechecktracker/ (http://groups.yahoo.com/group/namechecktracker/)
and almost filed WOM. Only thing left is to send the papers.
8. Tried some contacts with USCIS despite the "NO" from the attorney and the employer.
Just tried some personal mails to USCIS director FBI et all.

Not sure what really worked. Some one from DOJ took time to call me and informed that my
name check got cleared.

moral: Keep your eyes/ears open. DO NOT JUST BELIEVE the words of your attorney.
try the above steps and hope for the best.

Thanks to the forum members!!! I learnt lot from your experience.

I will still be around on this forum and will try to help as much as I can

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arunsush

07-24 04:14 PM

My I 140 was rejected in April 2007 because USCIS thought that my company couldnt show the ability to pay. My PD was 2003 August.
My attorney filed an appeal, and now he suggests, that we file fresh I 140 and I 485 using the same Labor approval from original PD.
I asked her, whether it was allowed, because I was thinking about filing fresh PERM under the impression that since My I 140 was rejected, I lost my PD.

I need help from the GURUs here. Is the above possible?
My attorney says that when an appeal is pending, once can file a new I 140 and get that approved (so it replaces that appeal). And the benefit would be I will be able to file I 485 right now along with I 140.

Please help me out. I need to act soon on this.
Many thanks in Advance.......


Your attorney is correct. Make sure your approved labor is not more than 180 days old. Starting 16th July the validity of labor expires beyond 180 days.

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ekkatip

10-13 01:43 PM

My case is also similar.

Applied labor in 2002 under Eb3 category
I-140 approved in 2006.


Applied labor in 2007 under EB2 category( same Company)
Applied I-140 Eb2 and requested to port EB3 Priority date.
I-140 got approved but did not port EB3 priority date.

Applied I-485 in 2007 using eb3 labor and I-140.


As of now I have two approved I-140 Eb3 PD 2002 and EB2 PD 2007.
My attroney sent SR last month to port priority date on EB2 I-140.
I see LUD on I-140 and I-485 ( LUD on oct 9th 2009) .
Still waiting for response.
I don't know how long USCIS will take to port PD.

Ekkati

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ys2jax

07-14 09:38 AM

i thought india EB quota had a hard constraint of 7% but 17000 seems to be much higher than that out of the total 140K, can somebody explain

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mmpsbarad

09-27 07:31 PM

Thank you all for your useful suggestions.
Mine is a similar case but the only unfortunate thing was that my H1-B is approved and effective from October 1st. My position was terminated in July and now I want to continue my OPT (expires in Jan 2010 if nothing is done). Now another company is ready to give me offer and file H1B.

1. Is it possible to update the SEVIS record by DSO b4 October 1st so that I can that I can buy some time in the transition. Note: I did not violate my 90 day unemployment period during OPT.

2. If it is not possible to go back to my OPT, how much time I have after October 1st before I apply for the another H1 from the new company? and when I can start working in this case?

Thank you.

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lostinbeta

10-16 01:10 PM

FF7!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!1

Anwho.... Excellent pic Kit....most excellent indeed.

I actually thought the graphics were just flat out astounding considering the time it came out (1997?).

I think everyone rocked! Well Yuffie kind of annoyed me, but she was a good fighter...so it worked out.

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stuckinretro

03-30 10:03 AM

I'm not an attorney, but based on your description it appears like you do not have the EB2 job offer currently open. Typically, If the company gets acquired by another firm, the 140 needs to be amended and more over you are not working for that employer anymore.

I think you should first find out if EB2 job still exists if so, you can send a letter to interfile(transfer) your pending 485 to the new 140. You may need to submit I-140 approval notices and 485 receipt notice along with an employment letter to substantiate your claim.



I got the RFE notification in the mail yesterday and here is the RFE info:

The Service acknowledges that you filed your I-485 Employment Based Application (Receipt #) based on your approved 3rd preference I-140 (Receipt #). Service records indicate that you also have an approved 2nd preference I-140 (Receipt #) with a priority date that affords you an available visa. If you wish to transfer this I-485 to your newly approved Form I-140 a request for conversion must be made in writing. If no response is received, USCIS will continue adjudication on the instant I-485 based on your 3rd preference I-140 and will wait for visa availability based on that preference classification".


I had another approved I-140 in EB2 from the client where I worked as a contractor. That company got acquired by another and am not sure if they still support me in the process.


1) Did anyone receive such RFE?
2) Should I send USCIS a letter by requesting them to trasfer my I-485 to EB2?

3) USCIS had issued this RFE on 03/03/10 with 04/03/10 deadline but I had received it yesterday(3/27/10). I have only 1 week to respond back.
Is there a way to buy some more time if i cant respond back in 3-4 business days?


Please advice. I really appreciate your help!

Thanks in advance.

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caforum2

06-18 04:33 PM

Yes It applies to new employer as well.

Here is my timeline

on h1 to US in 2001
filed labor in 2003 approved
Filed i 140 and i485 in 12/2003
Changed job to another employer on 05/2005 using EAD
got married, couldn't file for wife's GC
Applied for h1 through new employer in 2006
Premium processing of H1 approved in 15 days. Got wife here on H4
approved for 3 years for using I 140
PD current as of June 2006, filed for wife's GC who came here on H4


EAD can be canceled anytime by USCIS if underlying petetion i 485 is rejected. Also, if you change job before 180 days and your I 140 is not approved, old employer can withdraw it. Its kind of risky to do AC21 before 180 days from i485 RD.

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GC_Geek

10-01 05:52 PM

I already pllued all of my paperwork from attorney.
You must have at least a copy of all your filing paperwork from Labor Filing till today. This is required when you are filing anything new or responding any RFE, you sould match each and everything on the USCIS records when you are submitting any new paper work as a part of RFE/new application etc.
So, better have a copy of all paprework before..

I dont intend to change my employer/lawyer but just got all original approvals and copy of each and every paperwork from my attorney till date about my GC.. just to be safe..
I can pull out my G28 and be on my own at any time, but still save my ongoing pending petitions..

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jonty_11

11-08 12:59 PM

If they never overstayed then USCIS has no case against them...get a lawyer to get them out..and then hire another lawyer to sue the USCIS. This is pure harrasment.

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mhathi

03-20 12:14 PM

What EndlessWait meant was, more the number of employees in a small company, the chances of RFE with ability to pay will be higher...

Overall true, just one clarification... More the number of employees that have applied for a GC, chances of RFE are higher.

Am I correct?

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wandmaker

10-22 10:23 PM

I came to US 10 years ago and moved three times. Never filed AR-11 or change of address with USCIS. Filed for 485 in 2007 July with the latest address.

Will the failure to file AR-11 have any adverse impact on my 485? Should I send in an AR-11 now for the last change of address even though it's late by 2 yrs? I'm very much confused.

If I file the AR-11 now. couple of questions.

1. For the A# in the form, Should I leave it blank?

2. For the section "I work for or attend school at : (Employer name or name of School)"
I will give the employer name. But in address do I give their address or the clients address where I work, My employer is in Texas whereas I'm at the client location in East coast.

Please help...Thank you in advance.

The penalties for failure to notify USCIS of change of address include criminal conviction of a federal misdemeanor, imprisonment of up to 30 days, fine up to $200. Penalties extend to detention and removal (deportation) from the U.S. if the failure was not "reasonably excusable" or "willful".

If subject to special registration, the penalties for failure to comply with any of the requirements of special registration, including failure to notify USCIS of change of address, job or school or comply with the entry, exit and reporting requirements of special registration, include denial of change or extension of status applications for failure to maintain status, removal (deportation) and exclusion from the U.S. Penalties for fraudulent statements or for "willful" failure to register include criminal conviction of a federal misdemeanor involving imprisonment of up to six months, and fine up to $1000. The penalties for a sponsor (Form I-864) to notify USCIS of change of address include civil penalties of $250-$5000.

More FAQs at http://www.jackson-hertogs.com/JH/faq/8054.pdf (http://www.jackson-hertogs.com/JH/faq/8054.pdf)

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