gcisadawg
04-29 02:23 PM
What if you have AP but not used it, instead used the re-validation rule to enter into the country, using H1. Would that invoke abandonment of 485?
The scenario covers people who are working on H1B and have their I-485 pending and have not applied for AP and have a expired H1B visa stamp on their passport. It doesn't matter if they have a H1B extension on hand with a new I-94 stub. If they travel abroad, it could very well be considered as an abandonment although they might be permitted to re-enter under "automatic visa revalidation" rule.
If I've I-485 pending, i would never travel without an AP.
-GCisaDawg
The scenario covers people who are working on H1B and have their I-485 pending and have not applied for AP and have a expired H1B visa stamp on their passport. It doesn't matter if they have a H1B extension on hand with a new I-94 stub. If they travel abroad, it could very well be considered as an abandonment although they might be permitted to re-enter under "automatic visa revalidation" rule.
If I've I-485 pending, i would never travel without an AP.
-GCisaDawg
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rck4evr
08-07 08:06 PM
My employer says its the company's policy not to file for EAD or AP for all its employees. They are just filing the 485. I am sure that they(employer and lawyer) will not be giving me the 485 reciept too.
What options do I have ?
What options do I have ?
lonedesi
06-02 04:02 PM
Everyone, please write to USCIS Ombudsman's office and complain about the issues we are having dealing with USCIS. Also, seek their assistance in having USCIS process our applications in a FIFO manner especially for the transferred cases. Also write to them about slow down in I-140 processing and requesting them to reinstate PP for I-140 petitions. Unless we write and put some presurre, things will not change. You can write about any of the issues you are facing with USCIS as they are available to assist us. I think its worth a shot for us folks.
--------------------------------------------------------------------------
CIS Ombudsman - Send Your Recommendations
Your recommendations are accepted and encouraged. The Ombudsman is dedicated to identifying systemic problems in the immigration benefits process and preparing recommendations for submission to U.S. Citizenship and Immigration Services (USCIS) for process changes. The Ombudsman believes that process change recommendations from individuals like you represent one of the best sources for identifying systemic problems in the immigration benefits process.
Ideally, your recommendations for process changes should not only identify the problem you are experiencing, but should also contain a proposed solution that will not only benefit your individual case, but others who may be experiencing the same problem as well.
The CIS Ombudsman is dedicated to open and accessible communication with both individuals and employers and not only welcomes, but encourages your comments.
Send your comments, examples, and suggestions to the Ombudsman at cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Please note: If you are attempting to submit a case problem to the attention of the CIS Ombudsman, please follow the instructions listed under Case Problems.
Please note that the CIS Ombudsman is not part of USCIS. The CIS Ombudsman is a separate office within the Department of Homeland Security dedicated to improved national security, efficiency, and improved customer service in the immigration benefits process.
http://www.dhs.gov/xabout/structure/editorial_0501.shtm
--------------------------------------------------------------------------
CIS Ombudsman - Send Your Recommendations
Your recommendations are accepted and encouraged. The Ombudsman is dedicated to identifying systemic problems in the immigration benefits process and preparing recommendations for submission to U.S. Citizenship and Immigration Services (USCIS) for process changes. The Ombudsman believes that process change recommendations from individuals like you represent one of the best sources for identifying systemic problems in the immigration benefits process.
Ideally, your recommendations for process changes should not only identify the problem you are experiencing, but should also contain a proposed solution that will not only benefit your individual case, but others who may be experiencing the same problem as well.
The CIS Ombudsman is dedicated to open and accessible communication with both individuals and employers and not only welcomes, but encourages your comments.
Send your comments, examples, and suggestions to the Ombudsman at cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Please note: If you are attempting to submit a case problem to the attention of the CIS Ombudsman, please follow the instructions listed under Case Problems.
Please note that the CIS Ombudsman is not part of USCIS. The CIS Ombudsman is a separate office within the Department of Homeland Security dedicated to improved national security, efficiency, and improved customer service in the immigration benefits process.
http://www.dhs.gov/xabout/structure/editorial_0501.shtm
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MYGCBY2010
07-23 03:12 PM
Me and my spouse both work on H1B and I am applying for I-485 along with EAD/AP for both me and my spouse. My question is since my spouse is already in H1B with certain job title which was mentioned in one of the documents that was filled with i-485, when spouse uses EAD does she need to be looking for similiar jobs only?. Please clarify. Thanks in advance.
more...
tb2904
07-02 12:14 PM
From immigration-law website.
The State Department has released the update. The sudden backlog reduction efforts by Citizenship and Immigration Services Offices during the past month have resulted in the use of almost 60,000 Employment numbers. As a result of this unexpected action it has been necessary to make immediate adjustments to several previously announced cut-off dates. All Citizenship and Immigration Services Offices have been notified of the following: Effective Monday July 2, 2007 there will be no further authorizations inresponse to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available. Employment preference numbers will once again be available to these chargeability areas beginning October 1, 2007, under the FY-2008 annual numerical limitation.
If visa number is unavailable in the Visa Bulletin, it appears that the USCIS is unable to accept the 485 applications under the USCIS regulation. It is thus likely that all the applications which they received or will receive today may be rejected and returned. The current situation is different from the other worker cases rejection in June in that in that case, the State Department did not officially revised the Visa Bulletin. However, we will have to wait and see the anticipated announcement from the USCIS.
This Visa Bulletin revision also implies that there will be no EB-485 approvals during July, August, and September 2007!!!!! Accordingly all the recent approvals practically ended as of July 1, 2007 and there will be no adjudication of any employment-based I-485 applications. For the reasons, those EB-485 waiters who fail to receive the approval notices within this week will have to endure further hardships and emotional trauma. Now, people understand what Washington did to them. Had they passed the SKIL bill, all of these problems would have disappeared. We still wonder who invented the point system that helped to induce the business community to oppose the CIR and partially killed the bill. History will tell.
The State Department has released the update. The sudden backlog reduction efforts by Citizenship and Immigration Services Offices during the past month have resulted in the use of almost 60,000 Employment numbers. As a result of this unexpected action it has been necessary to make immediate adjustments to several previously announced cut-off dates. All Citizenship and Immigration Services Offices have been notified of the following: Effective Monday July 2, 2007 there will be no further authorizations inresponse to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available. Employment preference numbers will once again be available to these chargeability areas beginning October 1, 2007, under the FY-2008 annual numerical limitation.
If visa number is unavailable in the Visa Bulletin, it appears that the USCIS is unable to accept the 485 applications under the USCIS regulation. It is thus likely that all the applications which they received or will receive today may be rejected and returned. The current situation is different from the other worker cases rejection in June in that in that case, the State Department did not officially revised the Visa Bulletin. However, we will have to wait and see the anticipated announcement from the USCIS.
This Visa Bulletin revision also implies that there will be no EB-485 approvals during July, August, and September 2007!!!!! Accordingly all the recent approvals practically ended as of July 1, 2007 and there will be no adjudication of any employment-based I-485 applications. For the reasons, those EB-485 waiters who fail to receive the approval notices within this week will have to endure further hardships and emotional trauma. Now, people understand what Washington did to them. Had they passed the SKIL bill, all of these problems would have disappeared. We still wonder who invented the point system that helped to induce the business community to oppose the CIR and partially killed the bill. History will tell.
perm2gc
09-13 01:22 PM
If we do premium process, does this increase the change of rejection?
No..
No..
more...
purgan
12-20 04:38 PM
good job, pribh das. keep it up!
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dan19
09-07 11:44 PM
thx 4 ur replies
more...
jk333
08-18 02:55 AM
As long as you use your H1 visa to come back in,
you are in good shape.
Have a safe trip.
you are in good shape.
Have a safe trip.
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jchan
03-23 09:00 AM
Hi Elaine, I have a similar issue. I work for a consulting company, the company headquarter is town A (the same with LCA location) and I have been working for client in town B since several years ago. I have asked my employer whether I need to get an H1B amendment, my employer said since town A and B belong to the same metropolitan statistics area and are within commutable distance (9 miles), there's no need to do amendment. Should I be worried with the new memo coming out?
appreciate your answer.
appreciate your answer.
more...
eilsoe
10-20 02:33 PM
YipYip! :P
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same_old_guy
10-27 05:32 PM
That's not completely true. There are improvements in UCIS processing. If you check H1 or I-140 processing time 2 years back , it was much worse then. I dont think USCIS processing time is a problem for us right now. Of course it would be nice to have faster service for H1 and I-140 or 485.
more...
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gcpool
11-16 09:07 AM
You should not apply 6 months in advance. You should apply 3 months in advance because if you do 6 months they might approve in a month from the date you applied and the new ead will start from the day it gets approved. Applied 6 months in adv and now lost the rest of the months of current ead. Dont listen to the customer service guys they dont know anything. They told to apply 6 months in adv and when I called them after approval they were helpless to even replace it for the actual term.
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jchan
03-23 09:00 AM
Hi Elaine, I have a similar issue. I work for a consulting company, the company headquarter is town A (the same with LCA location) and I have been working for client in town B since several years ago. I have asked my employer whether I need to get an H1B amendment, my employer said since town A and B belong to the same metropolitan statistics area and are within commutable distance (9 miles), there's no need to do amendment. Should I be worried with the new memo coming out?
appreciate your answer.
appreciate your answer.
more...
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485Mbe4001
03-04 12:46 AM
Lets email and decide if we can meet someplace, hopefully we can jumpstart the chapter again.
Socal members,
Can we do that on some weekend..
Socal members,
Can we do that on some weekend..
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calgirl
08-07 03:27 PM
I have maybe a similar scenario..
MY 485 and old EAD have SRC hence at Texas. But I noticed that my new EAD has been applied for and has LIN.
Any ideas why would my lawyer do this?
MY 485 and old EAD have SRC hence at Texas. But I noticed that my new EAD has been applied for and has LIN.
Any ideas why would my lawyer do this?
more...
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alterego
06-23 08:45 PM
Bestin,
I recently discussed this issue with a couple of people in southwest Michigan, in jobs and contract positions with Whirlpool corporation. I am not sure if that is where the interest is coming from, but it is quite possible. They are new blood and did not even know this organization existed and that it was instrumental in last years VB reversal. I offered to meet with a larger group of them and give a talk but asked one specific senior employee there to network and find out the potential interest of potential members. I shared with him the link to this website. I was told there are up to 50 members in various stages. Not sure how many would be interested, but....there is a pool we can tap into in one location.
There are a number of foreign nationals of many countries that work here too who are in the EB queue. Hopefully this can give a new impetus.
I recently discussed this issue with a couple of people in southwest Michigan, in jobs and contract positions with Whirlpool corporation. I am not sure if that is where the interest is coming from, but it is quite possible. They are new blood and did not even know this organization existed and that it was instrumental in last years VB reversal. I offered to meet with a larger group of them and give a talk but asked one specific senior employee there to network and find out the potential interest of potential members. I shared with him the link to this website. I was told there are up to 50 members in various stages. Not sure how many would be interested, but....there is a pool we can tap into in one location.
There are a number of foreign nationals of many countries that work here too who are in the EB queue. Hopefully this can give a new impetus.
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ilikekilo
07-02 08:50 AM
if u were you get in touch with a lawyer and see ur options...i wouldnt wait anymore
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sanz
04-05 10:50 PM
why is the grass always green on the other side :D
americandesi
09-17 12:03 PM
And when you invoke AC21.. You must have EAD in hand...
Please don't mislead people. You can invoke AC21 even with H1 transfer.
Please don't mislead people. You can invoke AC21 even with H1 transfer.
arnet
06-13 08:46 PM
check with your attroney, in general you can do concurrent I-485 filing along with I-140 (or) if your I-140 pending you can still apply for I-485 with I-140 filing. But I never did this, so check with your attroney now and do it. good luck
Congrats to all who can apply for I 485.oUR situation is that my husband is a fellow in medicine speciality and already been offered a job which he wil start in july 2008.Our details
lc approved for the future job
i 140 pending.
Are we eligible to apply for i 485 ..ead for a future job etc.
I am on h4 .
Thanks People.
Thanks to iv
Congrats to all who can apply for I 485.oUR situation is that my husband is a fellow in medicine speciality and already been offered a job which he wil start in july 2008.Our details
lc approved for the future job
i 140 pending.
Are we eligible to apply for i 485 ..ead for a future job etc.
I am on h4 .
Thanks People.
Thanks to iv
