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As my employer wants it - only apply 90 days prior to H1 expiration.
This situation can lead me into limbo state. EAD pending and H1 expired !
What would happen then ?

Anyone from Chicago near downtown? Not Napreville or Aurora. We are moving from (bay area) Santa Clara to Chicago. Office is in Downtown. Looking for a place closest to download. We are a family with small (1.5 year old) kid.

Please suggest.


we live in Chicagoland. PM me if you would like to talk.

You may not use AC-21 AOS portability for future employment green cards. This is because the start date of employment on your AC-21 letter(from I assume your current employer) should be 180 days after filing of your future employment 485. Since you have been working for your current employer prior to that - USCIS will deny your 485

I a in similar situation My I 140 is approved from previous employer (company A) if the employer agrees to go forward with I 485 , Can I still work for Compnay B and use Ac21.

For AC21 does the jobs exactly have to match with the technoligies mentioned in labor , Or a generic job descirption of Software developer will be taken in to considerarion.

Hard stop at June 30th....

Damm... missed by 2 days then :(

Can somebody tell me what are the chances of getting audited if PERM is applied in the next week or so? My lawyer is not Fragoman.

thanks for the reply..this means having a dependent visa is the key at the time of approval..

if the application was approved and the wife was on h4 (but didnot file her i485 yet..) then she could still file for her i485?

yes. if your wife was on H4, as soon as your 485 is approved, her H4 ends. However since your 485 is getting approved, your PD is presumably current meaning she is eligible to immediately file 485, and get to that as a legal status. If she has a dependent visa approved, and has travelled here thats nice, otherwise she has to file a 485 from your home country as a follow-to-join and htat can take some time for her to travel here.

There is no 6 month grace period as such. Its just that upto 6 months of out-of-status is forgiven at 485 approval, and since on your 485 approval your H1 ends and so does her h4, it makes her status-less here. Being in that state upto 6 months is forgiven for 485.

Its most important that you get married before the approval of your 485. Do court-marriage if your PD is current, to be on the safe side, even if the actual ceremony is still a month or two away. When to honeymoon is upto you. Cant let USCIS decide EVERYTHING, can we...

you should have been OK to go out and get back in, assuming you get the Visa. Probably you can do the same even now, if you do get the Visa.

I know one person who was working on OPT and their employer filed for h1. She continued to work while waiting for USCIS approval even though the OPT expired.
Finally when she did get the decision on h1 that it has been denied, she consulted a lawyer, on their advise, left the country immediately and got back in on H4. However, it was less than 180 days since her OPT expired.

I am not sure how the o1 works or if this info may be relevant to you.
Hello,

Thanks a lot for your answers.

Despite the situation sounds illegal and I agree it is - I didn't wanted to make something illegal and was just waiting for my employer to fill the papers.

I am as well what they call a skilled worker, I basically get a o1 visa to work as manager for a big company and I don't give a fuck - but yeah I get another job offer and didn't waited to have the new visa to start. You know sometimes you can take bad decisions, people can tell you things which never happen, and that's unfortunately how life is.

Last week I get another job offer, it's real and not illegal - I worked a lot to get this offer and spent so much time working hard instead to have fun.

I am currently filling a new o1 with a lawyer and plan anyway to leave the US asap. Maybe I will never have this visa and will probably be bar for 3 years but I really need to try to make everything possible.

When I get the first job offer in the US - I was working as manager in Europe, and everything was pretty fine. I accepted this job, sold and gave all the stuff I owned to come here, in the United States, to work. Today I have no apartment or place to live in my country and I know as well that when you get a non immigrant visa you are supposed to can get back to your country easily but it's like hard to keep 2 rent and 2 places.

I will be very grateful if you can give me your point of view about my case and share your experiences.

Thanks a lot

Called Senator Tom Price - 770-565-4990. Was asked the Bill #.
What's the Bill # and which house is it being introduced in?

Lets not start a seperate thread. We already have one http://immigrationvoice.org/forum/showthread.php?t=2483 for these messages. Please post your messages there.

Are there any new updates? My case was filed in Jun 07, responded to the query in NOV 07, and it is still pending?

What the &*^% is going on? !!@$%ing DOL.

:mad:

India76,

U have till Aug 17th to file AOS. U can go to india and come back before AUG 17 to file


is it official that we can file till August 17th? i didn't see that in august bulletin. please let me know as you know how important is that..... Well its timing...

did u call 18003755283....and given them this receipt number...
how abt interim EAD...did u ask for that?
I heard they stopped issueing those...

we can only guess

i would assume cases that are not substitute labor, porting priotity date, cross chargeability, clear birth certificates, clear employer verification letter, no namecheck issues, no fingerprinting issues, etc

This is a good bill for people who are already on H1 and EAD ...what's wrong that in bringing the jobs back home ?

Don't worry my friend...H1s, L1s, EAD.....they will go after everyone one by one.

I am not sure. May be it is. Details are still not out yet and I don't see the text of the bill on thomas. Hopefully more detail will emerge in next day or so and then we will know for sure.

http://www.swnebr.net/newspaper/cgi-bin/articles/articlearchiver.pl?160478

I was laid off this week. I have been trying to find job and i feel its not going to be easy to find a job. If thing wont work by April, I m thinking to move back India.


PD : EB2 I - OCT 2004
I140 approved, I 485 pending > 180 days. On EAD
50 Dollars monthy contribution to IV.

about your situation. I have a friend, his company has said if they don't find project in a week, they will have to move him back. And its not a small company. Its like no 3 Indian software comapny

Although that the rule..I dont think USCIS actively follows it. The reason for that being the ombudsman report that states that the adjudicating officers pick low hanging fruit first (simple strforward cases) and that is reflected on where people have been getting their 485 approved within 90 days (which the ombudsman's report states is uscis's goal). right now the processing date is holding at 9 months. maybe to dissuade people from continously calling the NSC 1800 number.

As of yesterday, there was a collection of $5000. We need much more than that.

The details of contributions and fund-raising can be found at the "Why Contribute" link of the home page.

http://www.immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25

Everything here is transparent. Please sign up as volunteer so we can have you more involved besides receiving money. That will also build your trust and in return your volunteer work will help everyone too.

logiclife.

^^

To force USCIS to adjudicate i-140 within 180 days or 6 months, if concurrent filing is removed, we may comment to include a clause that says "If i-140 is pending for more than 180 days and PD is current, i-485 may be filed.

Better yet, if they will include filing of i-485 even if PD is not current.

The silverlining if they remove concurrent filing is that there will be pressure to adjudicate i-140 within reasonable time or better yet, a hard target of 6 months.

I just receive the best Christmas gift I could ever ask for?? My name check and background check is clear after 2 years.....Now I'm receive my GC so I can start traveling......All my interview was approve so now they are (order card)....Enjoy ur Holiday.......

IV does not represent people like you. Now get the hell out of here.

You may not agree with what everyone says on these forums. It is not your business to ask them to get out.