GetGC08
05-11 09:14 AM
You were out of status in those 5 months. It does not matter at LC and I-140 stages only at I-485. However upto 180 days of out of status is forgiven when you file your 485, so you should be ok. THis is IN CASE you get an RFE for this. There is a good chance USCIS might even overlook this. Also if you left the US and returned any time after tha tou tof status, your slate is wiped clean (they are only supposed to check your status since your last entry into the US). So either way you should be ok... dont worry about it.
Hi,
Thanks a lot for your reply. I really appreciate it.
Well as you said if I went to India after those 5 months(when I was on bench) than that period of 5 months when I was on bench will be wiped out(it will be gone,clean). It means that USCIS will check my status after my last entry in to US!!
OR they may check everything when ever I was in US including when I was on bench(including my first entry into US to till date i.e. From Feb 2005 - Till date)????
I went to India in Nov 2006 & came back, so in that case my old records would be clean. B'cos I was on bench for 5 months in 2005.
Correct me if I am wrong on this.
Also as you said this will come in case of I-485 & USCIS might overlook this & may send RFE!! Any idea how to respond that kind of RFE??
I will really appreciate your response.
Thanks.
Hi,
Thanks a lot for your reply. I really appreciate it.
Well as you said if I went to India after those 5 months(when I was on bench) than that period of 5 months when I was on bench will be wiped out(it will be gone,clean). It means that USCIS will check my status after my last entry in to US!!
OR they may check everything when ever I was in US including when I was on bench(including my first entry into US to till date i.e. From Feb 2005 - Till date)????
I went to India in Nov 2006 & came back, so in that case my old records would be clean. B'cos I was on bench for 5 months in 2005.
Correct me if I am wrong on this.
Also as you said this will come in case of I-485 & USCIS might overlook this & may send RFE!! Any idea how to respond that kind of RFE??
I will really appreciate your response.
Thanks.
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ajay
01-26 12:17 PM
I am in the same boat and need to get my address updated. So what I understand from above posts is that there is no need to do paper based AR11 and can just do it online for I-485, EAD as well as AP, right?? Once done, just keep printouts for records , thats it???
Can someone please confirm.
YOu can do everything online.
Can someone please confirm.
YOu can do everything online.
vali
11-15 11:01 AM
Vali:
USCIS assigns Unique A# for each individual, who files I485 , some people recieves A# even in I140 too.
When your adjustment of status application(I485) approves then you will be registered as Permanent Resident.
thank you very much, I understand now exactly what that means.
thank you all for your time and patience.
Good luck to all of you,
Vali.
USCIS assigns Unique A# for each individual, who files I485 , some people recieves A# even in I140 too.
When your adjustment of status application(I485) approves then you will be registered as Permanent Resident.
thank you very much, I understand now exactly what that means.
thank you all for your time and patience.
Good luck to all of you,
Vali.
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ajay
01-26 11:41 AM
I am planning to move to different residence. My 485 application is currently pending.
Has anyone successfully filed change of address form? and have their EAD or other documents deliever to their new address correctly. Reason I am asking my friend changed his residence while his 485 pending and all his document would still come to my address (his old address). He made numerous request to USCIS and files for AR11 etc. His all documents EAD.. even Green card also came back to my address(His old adress). At least he was lucky that I was still staying over there.
Any thoughts much appreciated.
You can do it online by going to https://egov.uscis.gov/crisgwi/go?action=coa, from where you can select Change your address online at the bottom of the screen.
I did it and am getting all correspondences from the time I changed to my new address.
Has anyone successfully filed change of address form? and have their EAD or other documents deliever to their new address correctly. Reason I am asking my friend changed his residence while his 485 pending and all his document would still come to my address (his old address). He made numerous request to USCIS and files for AR11 etc. His all documents EAD.. even Green card also came back to my address(His old adress). At least he was lucky that I was still staying over there.
Any thoughts much appreciated.
You can do it online by going to https://egov.uscis.gov/crisgwi/go?action=coa, from where you can select Change your address online at the bottom of the screen.
I did it and am getting all correspondences from the time I changed to my new address.
more...
gcdreamer05
03-19 01:26 PM
To safeguard your own identity try to use any identity protection program, i do not work for or i am nto trying to do sales here, but i have used Bank of americas program and i used it for like 1 year it was pretty good. They alert you if there is any fradulent transaction like if any one tries to open a credit card or something with ur ssn number etc...
I would strongly suggest you do that and keep monitoring your reports.
I have seen so many other programs on TV about identity theft prevention software, services etc... sign up for something to be on safe side.
i also remember seeing something which rhymes with id lock or something, the CEO of that company displays his SSN number on all boards etc... i dont remember which one.
Just google for identity theft prevention programs and you should see lots.
I would strongly suggest you do that and keep monitoring your reports.
I have seen so many other programs on TV about identity theft prevention software, services etc... sign up for something to be on safe side.
i also remember seeing something which rhymes with id lock or something, the CEO of that company displays his SSN number on all boards etc... i dont remember which one.
Just google for identity theft prevention programs and you should see lots.
kondur_007
08-16 06:29 PM
Hello everyone -
I am planning to change my job and would like to seek some advice. I already used AC21 once without informing USCIS, and now would like to do it again. I would like to seek advice on couple of issues:
1. I would like to do this without informing USCIS and worry about a response if and and when I get RFE. However, new employer has E-Verify system. Would them checking my eligibility to work through E-verify make it certain that I would get an RFE for employment verification?? In other words, E-Verify tells USCIS that one has changed employment? or E-verify and 485 have no connection?
2. My new job is in the same engineering field; however, there is still a big difference in salary owing to additional managerial duties. Labor was done based on technical responsibilities in engineering field, new job involved technical as well as business responsibilities in the same field. With years going by, I am taking on more and more project/division management experience and that is what the new position would entail.
Original title - Transportation Analyst/Engineer with 55K as salary
New Title - Director of Transportation Systems and Services Engineering with 135K as salary
Based on my research, the job needs to be in the same occupational classification. The original SOC code is 17-2051 - Civil Engineer. The new SOC could be same 17-2051 or could be classified as 11-9140 Architectural and Engineering Managers owing to managerial duties. However, the new job also has technical aspect to it since I will be responsible for sound technical design for the product/services we will prepare.
Can you guys please give your thoughs on these two issues. Thank you in advance for your time and help.
best,
I am not a lawyer, but to the best of my knowledge I can answer as follows:
1. As far as I know, E-verify does not speak with I485 system. Even if it does, it should not be a big deal as you can always reply to the RFE about EVL.
2. Similarity of jobs is a major issue in your case. This needs to be very very carefully evaluated by a good lawyer, as to me (and I am not a lawyer) these two jobs sound totally different. There is a major salary difference that will need to be justified as well. If I were to be you, I will definitely have it evaluated by a good lawyer before making the switch as this can potentially put the entire GC process at risk.
Good Luck.
I am planning to change my job and would like to seek some advice. I already used AC21 once without informing USCIS, and now would like to do it again. I would like to seek advice on couple of issues:
1. I would like to do this without informing USCIS and worry about a response if and and when I get RFE. However, new employer has E-Verify system. Would them checking my eligibility to work through E-verify make it certain that I would get an RFE for employment verification?? In other words, E-Verify tells USCIS that one has changed employment? or E-verify and 485 have no connection?
2. My new job is in the same engineering field; however, there is still a big difference in salary owing to additional managerial duties. Labor was done based on technical responsibilities in engineering field, new job involved technical as well as business responsibilities in the same field. With years going by, I am taking on more and more project/division management experience and that is what the new position would entail.
Original title - Transportation Analyst/Engineer with 55K as salary
New Title - Director of Transportation Systems and Services Engineering with 135K as salary
Based on my research, the job needs to be in the same occupational classification. The original SOC code is 17-2051 - Civil Engineer. The new SOC could be same 17-2051 or could be classified as 11-9140 Architectural and Engineering Managers owing to managerial duties. However, the new job also has technical aspect to it since I will be responsible for sound technical design for the product/services we will prepare.
Can you guys please give your thoughs on these two issues. Thank you in advance for your time and help.
best,
I am not a lawyer, but to the best of my knowledge I can answer as follows:
1. As far as I know, E-verify does not speak with I485 system. Even if it does, it should not be a big deal as you can always reply to the RFE about EVL.
2. Similarity of jobs is a major issue in your case. This needs to be very very carefully evaluated by a good lawyer, as to me (and I am not a lawyer) these two jobs sound totally different. There is a major salary difference that will need to be justified as well. If I were to be you, I will definitely have it evaluated by a good lawyer before making the switch as this can potentially put the entire GC process at risk.
Good Luck.
more...
rajivkane
12-08 11:17 PM
Guys!
Thanks for your answers.
Regards,
Raj
Thanks for your answers.
Regards,
Raj
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glus
11-12 10:33 AM
Hi,
I just asked my attorney if she had a direct contact with Mr. Opperheim, the person responsible for VB. If she does respond, I will provide the address / email here. I am writing to them. It does not make any sense. My opinion is that they are giving USCIS a December brake now. If the 485 report released by USCIS is true and reliable, the RoW dates for Dec should have been moved to mid or end of 2003 now.
I just asked my attorney if she had a direct contact with Mr. Opperheim, the person responsible for VB. If she does respond, I will provide the address / email here. I am writing to them. It does not make any sense. My opinion is that they are giving USCIS a December brake now. If the 485 report released by USCIS is true and reliable, the RoW dates for Dec should have been moved to mid or end of 2003 now.
more...
ScratchingHead
09-30 05:33 PM
HI,
My company filed my Perm on Jun 4th 08 but it is not yet approved. My H1B is in its 6th year and will end in July 09. I was wondering if I would get an extension , even if my Perm gets denied for some reason.
I just want to prepare for the worst case. Can any one please help with some information.
What are my options to get a H1B extension.
Thank you,
If your PERM is pending when the time comes for H1 extension, you can apply for a 1 year 7th year H1 extension, based of pending Labor and waiting more then 365 days.
If you PERM is denied. And you have neared the time of expiry of current H1, then its not possible to apply for H1 7th year extension. Because there is no grounds for extension.
Options:
1)Change the status from H1 to F1 or B1, until the time your PERM is approved, then come back to H1.
2) Go to your home country and return after 365, but you would be subjected to quota.
My company filed my Perm on Jun 4th 08 but it is not yet approved. My H1B is in its 6th year and will end in July 09. I was wondering if I would get an extension , even if my Perm gets denied for some reason.
I just want to prepare for the worst case. Can any one please help with some information.
What are my options to get a H1B extension.
Thank you,
If your PERM is pending when the time comes for H1 extension, you can apply for a 1 year 7th year H1 extension, based of pending Labor and waiting more then 365 days.
If you PERM is denied. And you have neared the time of expiry of current H1, then its not possible to apply for H1 7th year extension. Because there is no grounds for extension.
Options:
1)Change the status from H1 to F1 or B1, until the time your PERM is approved, then come back to H1.
2) Go to your home country and return after 365, but you would be subjected to quota.
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james_bond_007
12-07 02:44 PM
I believe consular processing can be used only if the dates are current. It might take a long time for 2003 April EB3 India to be current. Since Green Card is for future employment, is there anyway to continue the Green Card process while in India ??
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pandu_hawaldar
05-10 10:07 AM
applies to me too, as I came in this thread to read this post :D
Thanks. I have fixed the typo.
.
Thanks. I have fixed the typo.
.
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lvinaykumar
09-07 08:29 PM
Well me almost in the same boat, have not applied EB2 140 yet, not sure what the process is
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pappu
12-10 10:45 PM
Check the archives. I recall a long thread on this topic.
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cr52401
04-25 02:18 PM
Thank you for you all help but I am commited to a project by the end of July. This is the every day work and can not leave at least for 6 weeks.
DO yuo have any other solution. Do you think it might be a way to go around it?
Thank you.
DO yuo have any other solution. Do you think it might be a way to go around it?
Thank you.
more...
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niceguy
12-18 06:39 PM
So USCIS is still reviewing I-140 even at I-485 stage. That is scary if your I-485 is at different service center than your I-140 approval.
This is really a very scary ride. Hope we can all survive.
But one thing every one should remeber is not to relinquish their H1B status until you get your GC in hand. This is the easiest way to stay in status.
All the best..
This is really a very scary ride. Hope we can all survive.
But one thing every one should remeber is not to relinquish their H1B status until you get your GC in hand. This is the easiest way to stay in status.
All the best..
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validIV
03-25 01:49 PM
How come you are being paid if you are unemployed?
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kshitijnt
05-05 12:36 AM
No problem using AP through germany. I travelled in Jan 2009. No issue whatsoever. No one bothered to check any document.
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sukhyani
03-05 12:32 PM
Rest of the World.
The interview didn't last more than 10 minutes. She asked for copies of current employment letter and a copy of future employment offer letter. She kept my original (first) I-94 and attached it to the file she already had.
We were asked standard questions and additional proof of our relationship. We submitted copies of apartment lease, tax returns for 2006 (filed jointly).
'Have a nice day' is what she said to signal that the interview was over. On our way out I asked her if we are not supposed to get a decision today. She said she had to review a couple of things and that there's 'nothing to worry about' and we should receive written decision within 4 weeks. She did mention about 'a couple of security checks being pending'. I asked 'like name check and stuff', she said yes. I didn't say anything about that new memo regarding Name Check Pending for more than 180 days and just walked out quietly, because she didnt seem like she was going to take any more questions :)
Now I dont know what to do next? Any idea whats gonna happen? My PD, RD and ND all are current at this time.
The interview didn't last more than 10 minutes. She asked for copies of current employment letter and a copy of future employment offer letter. She kept my original (first) I-94 and attached it to the file she already had.
We were asked standard questions and additional proof of our relationship. We submitted copies of apartment lease, tax returns for 2006 (filed jointly).
'Have a nice day' is what she said to signal that the interview was over. On our way out I asked her if we are not supposed to get a decision today. She said she had to review a couple of things and that there's 'nothing to worry about' and we should receive written decision within 4 weeks. She did mention about 'a couple of security checks being pending'. I asked 'like name check and stuff', she said yes. I didn't say anything about that new memo regarding Name Check Pending for more than 180 days and just walked out quietly, because she didnt seem like she was going to take any more questions :)
Now I dont know what to do next? Any idea whats gonna happen? My PD, RD and ND all are current at this time.
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ronnie0479
12-19 01:30 PM
I got RFE stating that Submit the evidence that the alien obtained the required five years progressive experience in the job offered or the related occupation before, evidence of experience must be in the form of letters from current or former employer giving the name, address and title of the employer and a description of the experience of the alien including specific dates of the employement and specific duties.
I am curious to know did any body got such kind of RFE, what should i do the companies which i have worked for they no longer exist, what should i do, i have the experience letters with me but i donot have the job description mentioned on it.
Please advise. what are the chances of approval of my case.
Thanks in advance.
They are asking for a Letter of Experience. Your I-140 job description might be requiring 5 year of experience or you might have filed in EB2 with a Bachelor�s Degree and they might be looking for the 5 year experience letter which is a requirement for EB2 if you have just a Bachelors Degree.
Please Provied more info about you case......
I am curious to know did any body got such kind of RFE, what should i do the companies which i have worked for they no longer exist, what should i do, i have the experience letters with me but i donot have the job description mentioned on it.
Please advise. what are the chances of approval of my case.
Thanks in advance.
They are asking for a Letter of Experience. Your I-140 job description might be requiring 5 year of experience or you might have filed in EB2 with a Bachelor�s Degree and they might be looking for the 5 year experience letter which is a requirement for EB2 if you have just a Bachelors Degree.
Please Provied more info about you case......
gconmymind
02-29 01:00 PM
Just ask your company to furnish all financial evidence asked for, like Tax statements, Revenue, etc. This is a one of the more common queries for 140. Dont worry too much and respond as soon as you can.
a_yaja
09-09 12:30 PM
Hello All,
I was in H4 status but currently in AOS Pending Status. Is it possible to request for filing F1 thru my current school while the candidate is in AOS Pending / I-485 Pending Status. I would like to obtain the F1 thru school even though my I-485 is in pending status. Firstly, Is it possible to change the status from AOS Pending to F1. Secondly, what would be the process to obtiant the same.
I would really appreciate your feedback / inputs on this regard.
Thank you,
As gc_check mentioned, check with your school coordinators or an immigration attorney. Changing to F1 might endanger you AOS and your GC. F1 is a non-immigrant visa and does not allow for immigration intent like H1B. Hence moving to F1 from AOS could be construed as abandoning you intent to immigrate, therefore USCIS can deny your I-485. This is just my opinion - so consult a good lawyer.
Secondly, why do you want to convert to F1 when you are on AOS? You should be able to get all the benefits of F1 like TA/ RA, on-campus employment (and off-campus too) if you have an EAD. That would be a safer route for you - if you do not already have an EAD, apply for one and after getting your EAD, apply for SSN. That is the way I would go.
I was in H4 status but currently in AOS Pending Status. Is it possible to request for filing F1 thru my current school while the candidate is in AOS Pending / I-485 Pending Status. I would like to obtain the F1 thru school even though my I-485 is in pending status. Firstly, Is it possible to change the status from AOS Pending to F1. Secondly, what would be the process to obtiant the same.
I would really appreciate your feedback / inputs on this regard.
Thank you,
As gc_check mentioned, check with your school coordinators or an immigration attorney. Changing to F1 might endanger you AOS and your GC. F1 is a non-immigrant visa and does not allow for immigration intent like H1B. Hence moving to F1 from AOS could be construed as abandoning you intent to immigrate, therefore USCIS can deny your I-485. This is just my opinion - so consult a good lawyer.
Secondly, why do you want to convert to F1 when you are on AOS? You should be able to get all the benefits of F1 like TA/ RA, on-campus employment (and off-campus too) if you have an EAD. That would be a safer route for you - if you do not already have an EAD, apply for one and after getting your EAD, apply for SSN. That is the way I would go.
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