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The RFE is not unusual, they are sending RFE's on all pending I-485 applications in an attempt to pre-process the applications and have them ready before the priority date becomes available.

Even though the beneficiary does not have to be working for the GC sponsoring company and the offer of employment can be a future offer, i always advice my clients to work for the sponsoring employer, if possible, otherwise the USCIS might raise the issue of the validity of the job offer, they have done this in the past. I also always advice clients to do AC-21 whenever they can, rather than depend on future employment.

It is difficult to predict what the Officers decision will be and what factors he will look at, and your attorney is not wrong in his response, however if you were my client i would advice you to use AC-21. The USCIS has not indicated that AC-21 has to be invoked as soon as you join the new employer, no deadline for invoking AC-21. However, you should have a GC sponsor at all times to keep your GC alive. In your case, company A was your sponsor until the time that company C has agreed to be your sponsor and invoke AC-21.

It is also good to invoke AC-21 because at the time of filing for citizenship they will see if you worked for your sponsoring employer for at least 6 months after getting the GC and if you did not, they will ask why dint you.

Further Questions:

Can I invoke AC21 now when an RFE is pending? Also, since I had already joined company C when I applied for 485, can I still invoke AC21. Do I reply to the RFE first and then invoke AC 21 or as part of RFE can I invoke AC21? Thanks again.


The dates in the first couple of sentences are all messed up ( came to US through Company A in June 2007 and was with them until Dec 2006...........I joined Company B in Jan of 2007(change of H1) and was with them until April of 2007. )
It would help to answer if you can correct the dates.

My frinds 140 got approved today..
receipt date August 21 2008
Approval date januray29 2009
EB3 Texas service centre
american company- Non IT

Updated for today (08/06/2008).

He is an Anti

I applied for my EAD in July 2007, got it approved Oct 2007, mailed to me but I NEVER received it.

Today I called USCIS and it says that since it is not "returned to them as undeliverable", they CAN NOT do anything . I will need to APPLY for it again??

Please Help since I dont know what to do as I was expecting the EAD card to start a new job.

Thanks in advance

Pardon my ignorance, I am new to the Forum and saw this discussion. Waht is a LUD and how do i find out what is on my pending I-485 petition.

Thanks

The civil surgeon does everything but you need to pay cash for it. If you have the documentation from your primary care physician, you could ask for a discount, which is what I did. Your insurance pays if you get it done from your PCP.

So, it always makes sense to get it done via PCP and then take that documentation to the Civil Surgeon. If we get a discount - great; otherwise still ok.

Does CS do the exactly same tests as PCP?

How much time does it take to get results from CS?

How much does CS charge?

I don't have an A#? Where can i find that.

Should be on your EAD (alien #)

Hi,

I'm looking for some answers for my wife's visa issues. I'm on H1B (valid until 2010) and she is on OPT (Valid until Dec 20 2008. F-1 visa expired May 2008). My PERM labor is in process and we hope to file for I 140 and I 485 and EAD concurrently by September/ October 2008. My lawyer says that we can file concurrently because my wife's country of birth is in Europe.

Now the questions:

1. Is it okay for my wife to apply for EAD based in I 485 while on OPT with expired F-1 visa? Is there a requirement that wife has to be on H-4 to apply for EAD based on husband's GC application?

Each individual will have his/her I-485, and EAD is a derived benefit of I-485. Your wife can file for I-485 while on OPT and get EAD. However, technically her F-1 status, hence the OPT, terminates after applying for I-485 (since she expresses intent to immigrate).

2. Also read on some forums that Wife's F-1 OPT will be invalidated as soon as her I 485 application is recieved. Is this true?

Conservative view is that as soon as her I-485 is officially submitted (i.e., received by USCIS), she has expressed intent to immigrate, which invalidates her F-1 (note that OPT is not a status, she is still in F1).



3. EAD approval takes 3-4 months on average. So if she doesn't recieve her EAD approval by December 2008 (Dec 20 2008 her OPT expires) she will be out of status. Should we apply for H-4 so that she doesn't become out-of-status?

That may be a better route. Once her H-4 is approved (with new I-94 form), her OPT will terminate and she will not be able to work.



4. We expect that her EAD approval will come by Jan/ Feb 2009. There is a 2 month gap provision that foreign nationals sometimes use to change their status. Is it a safe bet to avoid getting her on H-4 and use the 2 month gap period?

She cannot work while she is in H-4. There is no such thing as "2-month gap"!



4. How much does applying for H-4 cost? I'm simply expecting a range of sorts.

Thanks,

A. Singh

No idea. The application fee is probably a few 100 dollars. Not sure how much your lawyer would charge for preparing the application.

Thanks much for all your responses. As per your suggestion, i talked to the lawyer office, they asked me the three affidavits and sent the response today.

Thanks
Devan

I think, you should check with an Immigration Attorney before you risk your wife�s multiple entry Visitor Visa.

My take:

AFAIK, staying beyond the I-94 expiration date will abandon her Visitor Visa, and she could be denied entry next time.

In your wife�s case, you have applied for a change-of-status, however a decision has not yet been made, so she should leave the country before the I-94 expiration date and come back later after the F1 is approved. But, leaving the country while the change-of-status application is pending might cancel the change-of-status application, and not the underlying F1 application. So, your wife may have to get a F1 visa stamping abroad to come back later.

The above said information is purely based on my knowledge and may vary from an Attorney�s view.

Good Luck!

The moment your H-1 is rejected and you dont have another underlying petition, you are technically out of status. You could apply for another H, but with a Consular Processing request. In other words you will be asked to leave the country and get a stamping before you start work again.

And not to affect your long term stay in the country, it is better to leave the country immediately.

One of my friends case was pending for more than 6 months with USCIS for H1B renewal, masters, and working at a client place. The employer checked with USCIS and they give a message " that the case needs further investigation".
What does this mean.

Any of you in EB -2 with PD after Jun 2006 and have a soft LUD on AP?

No. If you receive the CPO email, then approval is guaranteed, whether the online status changes or not. For some people, including my two dependants, there was neither the CPO email nor the status change, but the cases got approved.

That's exactly what happened to our AP cases last year. No online updates but, got the APs in the mail.

why did they revoke it after approving it?

I have got extension on my H1 after completing 6 years.
My wife has been on H4 till now.
Is she eligible to get a new H1?

Yes, as per the new guidelines time spent on H4 does not count towards H1.

Congrats for getting a green card. Lucky you!

You can have experience in any country not necessary in USA. But the experience earned at current employer is not considered towards 5 years


This is true. That said, if you transfer from one office/department to another office/department within the same employer, you can count the 5 years experience as long as these two offices/departments are using two different Tax Id for your W-2. This is what our lawyers told us.

EB2 India..My 140 has been approved in May.07, also got EAD/AP but my employer doesnt want to give me Receipt Notice or Approval Notice of 140... So can i leave this company and join different company...
Pls. advise

I just received my H1B starting Oct 1st. My desi (cheap) employer first decided to not pay me till Oct 15th because I didn't have a SSN. Then after my SSN came they decided that they wanted to reduce my salary, the reason being that the company's economic situation has changed since Jan filing.

I am concerned because I am going for my visa stamping in March and the last thing I want is to be out of status! When I mentioned this to my boss his answer was -- We will give you a letter stating that you are working reduced number of hours, and we cannot afford the salary promised on I-129.

Can somebody help? What are my options? I was on H4 and moved to H1. I am really frustrated with their attitude and in this economy it is really hard to find a job.

Any help would be great.

A letter alone is not sufficient. You employer has to amend his H1 petition with reduced hours and get the LCA and I-129 approved with DOL and USCIS respectively.

Any violation of H1 rules should be complained with DOL.
Even if the H1 employer terminates you, the termination doesn't take effect unless he cancels your H1 petition with USCIS in which case he has to provide you a return flight ticket.

Here's my suggestion. Educate your employer that he has to pay you the salary mentioned in LCA till the time you're employed with them.

If your employer doesn't oblige then
1) Get your H1 transferred to another employer and file a complaint with DOL to recover all the back wages.

2) In the worst case, go back to H4 and file a complaint with DOL to recover all the back wages.

Knowledge is power. Make sure that you're aware of all the H1 rules so that no H1 employer takes your for a ride.

I saw the same thing in my online status, in october. What I got is a finger print notice which was originally sent to my old address which was on the I-485 application form. They redirected to it to the current address on file.

This is my guess: Since the online status has only few options, and may be the person who is updating it put it as 'document sent' and the one similar to that is the last one with 'Document production ....".

What I heard is, before they mail your GC, you will get a letter saying your I-485 is accepted. I never got that. I called USCIS and 'human robots' didn't have any idea on this, but they said my I-485 is still in the processing stage.