gcformeornot
08-21 10:59 AM
Is this anything to do with PD?
please poll here to add your vote...
http://immigrationvoice.org/forum/showthread.php?t=12603
sorry if did already.
please poll here to add your vote...
http://immigrationvoice.org/forum/showthread.php?t=12603
sorry if did already.
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americandesi
08-11 05:39 PM
That is not a flaw in the system and in the USCIS manual, they know it. Since the previous I-140 is already approved and you've stayed more than 6 months in that I-140, then there's no need for the ability to pay. USCIS is treating your case as if you already have a GC, it is just that it is pending.
If one has a GC, he can transfer to another employer. It is your risk if your new employer has not the ability to pay you. The same is true with portability, USCIS doesn't care anymore if you transfer to an employer with no ability to pay you because the first I-140 is already approved and you worked for it already. They are concerned now about your I-485 (AOS) and your qualifications under it.
What you say holds good only if employer A had already paid the proffered wage during those 6 months.
Suppose employer A is currently paying 70K and the wage for the proposed GC position is 80K and if employer A is able to prove that his Net Income or Net Assets is >=80K then it’s sufficient to prove ability to pay. In such a case, he is bound to pay 80K only after I-485 approval.
Going by above, the employee wasn’t paid 80K at anytime. Even then, USCIS approves his I-485 if he is able to provide an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A, though the abilty to pay 80K by employer C is in question.
If one has a GC, he can transfer to another employer. It is your risk if your new employer has not the ability to pay you. The same is true with portability, USCIS doesn't care anymore if you transfer to an employer with no ability to pay you because the first I-140 is already approved and you worked for it already. They are concerned now about your I-485 (AOS) and your qualifications under it.
What you say holds good only if employer A had already paid the proffered wage during those 6 months.
Suppose employer A is currently paying 70K and the wage for the proposed GC position is 80K and if employer A is able to prove that his Net Income or Net Assets is >=80K then it’s sufficient to prove ability to pay. In such a case, he is bound to pay 80K only after I-485 approval.
Going by above, the employee wasn’t paid 80K at anytime. Even then, USCIS approves his I-485 if he is able to provide an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A, though the abilty to pay 80K by employer C is in question.
surabhi
06-19 10:52 AM
I-485 reciepts are not part of required supporting documentation.
http://www.uscis.gov/files/form/I-765instr.pdf
see page 6:
This is for paper filing.
Need front and back of EAD card
2 photos
$340 check or None as applicable
i-485 receipt notices are required only for first time filers not filing along with I485.
Sorry to have jumped the gun. I-485 receipt is needed.
"All applications must be filed with the documents required
below, in addition to the particular evidence required for the
category listed in "Who May File This Form I-765" with fee,
if required."
On Page 4 in the Instructions doucment refers to the particular evidence
A. Adjustment Applicant--(c)(9). File your EAD
application with a copy of the receipt notice or other
evidence that your Form I-485, Application for
Permanent Residence or Adjust Status, is pending.
You may file Form I-765 together with your Form
I-485.
Since it talks about other evidence, you can use FP notices.
The other requirements are photos, check for $340 if applicable, front and back of EAD card.
http://www.uscis.gov/files/form/I-765instr.pdf
see page 6:
This is for paper filing.
Need front and back of EAD card
2 photos
$340 check or None as applicable
i-485 receipt notices are required only for first time filers not filing along with I485.
Sorry to have jumped the gun. I-485 receipt is needed.
"All applications must be filed with the documents required
below, in addition to the particular evidence required for the
category listed in "Who May File This Form I-765" with fee,
if required."
On Page 4 in the Instructions doucment refers to the particular evidence
A. Adjustment Applicant--(c)(9). File your EAD
application with a copy of the receipt notice or other
evidence that your Form I-485, Application for
Permanent Residence or Adjust Status, is pending.
You may file Form I-765 together with your Form
I-485.
Since it talks about other evidence, you can use FP notices.
The other requirements are photos, check for $340 if applicable, front and back of EAD card.
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Devils_Advocate
03-12 10:36 PM
Congrats !, please do continue to contribute some of your time and effort to this site, your experience can help others still stuck in their misery
more...
abhijitp
01-20 05:59 PM
Thanks everyone who showed up. We actually did better than we had expected.
A total of 55 letters signed today, and will be dispatched tomorrow to the White House and to IV.
Go NORCAL, go IV!
A total of 55 letters signed today, and will be dispatched tomorrow to the White House and to IV.
Go NORCAL, go IV!
otovarm@hotmail.com
03-03 01:23 PM
Well, I am not a fake profile. What happened to us is real. That is what the guy told us. He was basing his decision in the fact that the original company which filed for the LC was no longer in business and that they created a new company. Reality is that they only changed the company's name but they still do the same and have same employees. We believe he didn't want to ask his new partner about signing the I-140 petition. That is our guess.
Honestly, we disconnected ourselves from the whole thing, we were really depressed that after waiting for 5 years we finally got the LC approved and then we got that response. That is why I am looking for help in the forum, I really disconnected myself from the whole process and was not sure how have things changed since in terms of new immigration policies etc etc.
Honestly, we disconnected ourselves from the whole thing, we were really depressed that after waiting for 5 years we finally got the LC approved and then we got that response. That is why I am looking for help in the forum, I really disconnected myself from the whole process and was not sure how have things changed since in terms of new immigration policies etc etc.
more...
immigrationmatters30
06-14 12:43 PM
Sorry to say this but there are very few memebers on this forum without EAD. I think this website existed for a while but only came to life when dates became current in 2007. You can notice that most memebers here are with EAD when you see the number responses you get for EAD/AP related threads Vs H1B. Open an H1B thread and notice how quick that gets buried. But that will soon change, when most memebers with EAD get their green card they will hopefully be replaced by newer, non-EAD memebers and then we will have one united community(H1B, non-EAD,temporary workers). FYI, no EAD for me as well.
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Lisap
08-03 12:16 PM
Well atleast we arent alone I guess
more...
AB1275
12-15 03:50 PM
I had posted my 485 approval news ealier and it took a whole different direction .Hope for you .My 140 was denied for same reason .It was A2P and company didnt have auditted financial statements and hadnt filed taxes and to make things worse i didnt get (neither atorney) the denail notice till 25th day of denail .We filed MTR and the documents we sent were my w2s.my pay stubs showing that company had been paying me whatwas stated in LS .
I think you should always take a chance n file MTR with what ever possible documents u have and have a backup plan with new perm possibly with a differnet employer .we also sent unauditted financial statemnts with MTR .MTR was successfull and Thanks God 485 got approved too .
I found IV very helpfull for finding out how to file n what to send with MTR .
wish u luck
My W-2 and pay stubs do not show that my company has been paying me what was stated in LS.
I think you should always take a chance n file MTR with what ever possible documents u have and have a backup plan with new perm possibly with a differnet employer .we also sent unauditted financial statemnts with MTR .MTR was successfull and Thanks God 485 got approved too .
I found IV very helpfull for finding out how to file n what to send with MTR .
wish u luck
My W-2 and pay stubs do not show that my company has been paying me what was stated in LS.
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webm
10-05 01:17 PM
"7. Aytes said they are trying to set it up that next year the EAD and Advance Paroles will be issued for more than a one year expiration and that there may possibly be one document issued for both the EAD and APs. More on this will come by the end of the year"
This news is interesting..looking forward to it....:)
This news is interesting..looking forward to it....:)
more...
sunny
10-02 02:13 PM
I am not sure if the I-94 you receive along with your H1 approval means anything.
Also it’s your responsibility to hand over your stamped I-94 while leaving the country at the airport. When you arrive the new one you get in the plane will be stamped and should be used.
Also it’s your responsibility to hand over your stamped I-94 while leaving the country at the airport. When you arrive the new one you get in the plane will be stamped and should be used.
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hsbaluja
09-24 01:48 PM
Backlog... This word is not in dictionary of USCIS.
USCIS never think of backlog. For them new filings are like subscribing to them and it generates constant revenue for them when people file for EAD, AP etc..
USCIS Slogan... KEEP FILING, YAHE HAI RIGHT CHOICE BABY
USCIS never think of backlog. For them new filings are like subscribing to them and it generates constant revenue for them when people file for EAD, AP etc..
USCIS Slogan... KEEP FILING, YAHE HAI RIGHT CHOICE BABY
more...
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gcpool
07-08 12:43 PM
Then why do we need an attorney if we are there to correct them. We provide them with proper documentation. They make sure they put it correctly in the form. I can understand if a wrong document has been send and that caused the error but otherwise what are they for.
When the papers are prepared, attorney will send it to the candidate to review and sign it. Dint you find the flaws then? if not, then it is your mistake and the attorney will bill you for sure.
My attorney sent a draft from for me to fill it out. I filled it in and sent it back to him. He filled the original seeing the information from the draft with lots of mistakes. Then he sent the filled original to me. I have to review it again and fix all the errors. Then he corrected it and sent it back to me. Then again I have to review and sign. So the responsibility lies on me and not with Attorney.
When the papers are prepared, attorney will send it to the candidate to review and sign it. Dint you find the flaws then? if not, then it is your mistake and the attorney will bill you for sure.
My attorney sent a draft from for me to fill it out. I filled it in and sent it back to him. He filled the original seeing the information from the draft with lots of mistakes. Then he sent the filled original to me. I have to review it again and fix all the errors. Then he corrected it and sent it back to me. Then again I have to review and sign. So the responsibility lies on me and not with Attorney.
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raju6855
02-02 09:33 AM
Thx for your reply.
But this wasn't told to me (us) by my company's hr, I guess I got to check that advise for second opinion.
But this wasn't told to me (us) by my company's hr, I guess I got to check that advise for second opinion.
more...
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travellertvr
03-22 03:15 PM
smuggymba,
Old I-94 expiration date was January 3, 2010, and new I-94 started from October 18, 2010.
Old I-94 expiration date was January 3, 2010, and new I-94 started from October 18, 2010.
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sunofeast_gc
07-22 06:49 PM
just now I gave 5 star and posted my comments
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redcard
04-02 10:01 AM
Hmm really? I thought that is not possible anymore. Can you give me the details or refer me to a website that has them? Thank you!
Get married to your partner.. its legal in states like CT, MA. Not sure if USCIS will consider it legal.
Get married to your partner.. its legal in states like CT, MA. Not sure if USCIS will consider it legal.
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singhsa3
11-15 10:01 AM
We are in agony and pain. Let us scream so loud that even deafs may lend their ears.
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rsdang
07-21 12:18 PM
Guys,
Make an infopass appointment and they can put a stamp in your passport which will allow you to travel.
Thanks
Randeep
Make an infopass appointment and they can put a stamp in your passport which will allow you to travel.
Thanks
Randeep
dealsnet
07-23 02:12 PM
See this thread for it.
http://immigrationvoice.org/forum/forum105-immigrant-visa/200436-abandoning-aos-how-to-withdraw-i-485-options.html#post528499
In the stated situation, I would opt for changing the I-485 case to consular processing.
http://immigrationvoice.org/forum/forum105-immigrant-visa/200436-abandoning-aos-how-to-withdraw-i-485-options.html#post528499
In the stated situation, I would opt for changing the I-485 case to consular processing.
Khujaokutta
05-12 03:38 PM
Then u should "Condiser Donating"....Condiser not Consider :D
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