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gcwait2007

07-07 01:38 PM

I have applied 485 during the july07 fiasco,I got 2 eads and aps,they have not even touched my case since april08.Is my case preadjudicated?

If you have not yet received any RFE, you are a lucky person and your I-485 application has been filed perfectly. As per USCIS announcements, they have almost completed (99.99%) review of all pending AOS cases and pre-adjudicated most of them. I will presume that your case has been pre-adjudicated and all set to go Green whenever visa number is available.

One way to find out whether your case been pre-adjudicated is to call USCIS thro POJ method and talk to a IO (not customer service person) and they will be able to tell you.

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snathan

07-23 11:43 AM

I would advise you to minimise the risk rather than money. May be you can start the GC for future employment. It will take time to do the PERM process and in the mean time you can complete your current project also.

1. Start the H1 transfer and GC process now itself.
2. Stay with your current employer until the project is over.
3. Take the money and join the new company at end of six month if everything goes smooth.

By doing this you get the money and also minimise the risk with new employer. But you need to get the consultant who is ready to do this.

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aroranuj

06-27 11:23 AM

Has anyone done a FOIA before for an I-140 receipt notice? Where do I file? Does it in anyway makes USCIS reveiw my case more than it should?

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wa_Saiprasad

07-26 08:36 PM

My attorney didn't pay attention to my birth certificate. My birth was registered couple of days after later but the certificate was issued 4 years later in 1979. And my fathers, mothers and my names were not full name. My fathers name was spelt wrong. Anyways nothing can be done now my application went in on July 2nd. I am hoping it will be an RFE. My case is another classic case of Attorney negligence.

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fromnaija

11-17 03:07 PM

Hey Guys

I need your help on these issues. My labor certification was filed on October 25th 2006 and had it approved on 5th of November 2006.

Now my employer is ready to file the 1-140 together with 1-1485. My question is, I do not now whether my priority date is current for the filling of these forms.

Looking at the above filling date, can some one brief me on my likely priority date?

The other question is, even though my employer is taking the responsibilty of my filing process, I am paying all the expenses ( be it the Attorney fee as well as other additional fees are being borne by me).

When do you think will be appropriate for me to quit this job after my 1-140 and 1-1485 have been filed? Please advice me on this because my initially promised to pay for all the expenses but denied this after I have taken up the job.

Your priority date is the date your labor certification application was filed or the date you filed I-140 if your category does not require a labor certification.
So, in your case your PD is October 25, 2006. If you are EB1 or EB2 and not from India or China then I would say your priority date is current and you may file both I-140 and I-485 concurrently. Otherwise, you may file I-140 now and then file I-485 when your PD is current.

To find if your PD is current check the Visa Bulletin at http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

Using AC21 you may quit after your I-485 has been outstanding for more than 180 days. If you quit before then, you may have to restart your GC process.

***DISCLAIMER****
(I am not an attorney, please consult an immigration attorney or use advice at your own risk).

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va_dude

05-07 04:59 PM

The online system has been inconsistent in the past too. So you can never really tell what's happening behind the scenes.

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rkumar28

10-22 10:32 AM

The problem might occur when you file for citizenship, you have to justify why you dint work after getting the GC. However it is not written in stone that if you dont work for your petitioning company the officer will deny your citizenship or revoke your GC. They will look at the totality of the circumstances, since you worked for the petitioner for some time, they may not make a determination that the job offer was speculative, you have to show that you had every intention of working for them and the company had every intention of hiring you, maybe they can give a letter stating that they continue to market you and will re-hire as soon as the economy imporves. If your company finds a project for you, you should continue to work for them. Or you could have done AC-21 after the I-140 was approved and before the I-485 was approved.

Hi Prashanthi/Attorneys/Experts,

I have a little different situation. I got my GC approved in July 2010 and I am still working for the GC sponsoring company. Now, I am on bench and am waiting for projects. Would it cause any issues at the time of citizenship, if I leave my GC sponsoring company after working around 3 months(after GC approval) and take a fulltime permanent opportunity.
Your advice is helpful.

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gopikrishnayr

09-07 10:34 AM

I just spoke to my attorney and according to him there might be other repurcussions if I block the check. It seems he has heard cases where Federal govt can do proceedings against you for blocking a check and you might end up paying more. Did anyone block their checks sucessfuly and not get into any issues.

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martinvisalaw

06-01 06:13 PM

CIS could have asked for a copy of your previous Advance Parole, for example, in the I-131 RFE. Hopefully you have received the RFE by now so you know what it asks for. You should also have got the I-140 notice. If not, you should call CIS to see where they sent it in case it went to the wrong address.

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northstar1

07-26 02:25 PM

My company is going through a merger and it will be complete by third qtr of this year. I already filed my AOS on July 2nd.

I was told by my immigration attorney that if a buyer (new company) takeover all the immigration liabilities then I don't need to file an amendment. Is this correct?

yeah but the question is - assuming your PD becomes current and a visa number is available, will your i-485 be skipped over due to this new successor in interest i-140 pending approval, or is it simply looked at as supporting evidence, since you had a prior approved i-140, and the i-485 is therefore adjudicated.

What i'm trying to figure out is how the successor in interest i-140's are processed.

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colors

09-23 12:26 PM

We will watch and see ... soft LUDs on my case too.

thanks

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immiindi09

01-12 01:33 PM

Can you pls provide me more information, I am on the same boat.

How can I file online for EAD and AP renewal.
Which documents I need to send if I am sending filled forms.

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Humhongekamyab

07-30 12:14 PM

It appears only EB-3's are getting approved these days.

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indianindian2006

07-26 11:54 AM

My company attorneys are in the process of filing my AOS application per the July bulletin. I have an approved labor certification and an approved I-140. Turns out due to internal restructuring a new legal vehicle was created under the existing company and groups re-aligned. Job function and location haven't changed.

The attorneys are syaing that since the I-140 was approved prior to the restructuring, they will be filing a new successor-in-interest I-140 with my AOS application.

My question is since I had an approved I-140 is this considered an amendment to the previous i-140 and processed at I-485 adjudication stage or is it considered a brand new filing aubject to the i-140 backlog in processing.

I would appreciate a response from Logiclife (since he had posted a similar scenario) or sopmeone else in similar situations or with knowledge of the above.
What is the total number of employes your company.

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fromnaija

11-02 04:51 PM

First, cross chargeability is available ONLY if you have a spouse whose country of birth is different than yours. So get married first and then come back and ask the remainder of your questions.

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waitingnwaiting

10-05 10:34 AM

I am planning to go to India with my family in december. Please suggest some tourist spots across India.
Not the usual ones like tajmahal or gateway of india etc. Thank you.


Your ID is offensive, TelanganaINDIA

So here is a lesson for you
Go to Calcutta and visit Missionaries of Charity. Donate some of your dollars there for a good cause.

Then go to Bombay Dharavi slums.

Then go to villages in India and live with poor.

Your family will understand the reality of this world and become better human beings with you. Or they will think Andhra is a country and Andhrites are the only people in this world. It is typical of some Indians who only care and mix with their own state. (Begalis, Andhra, Marathi to name a few). India is declining due to such people who do not believe in being an Indian.

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waitnwatch

12-13 11:01 AM

and did anybody notice that the ICE is changing its track. They are now charging these folks of stealing ID's instead of the normal illegal charge. Ultimately this is opening up the way for local law-enforcement to charge people not on immigration violations but ID theft. This is pretty innovative and must have some political backing somewhere.

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meimmi

03-09 04:20 PM

Hi, Is there anybody in this forum who has filed G-28 for self? Can somebody please advise what to fill? I am going thru the G-28 form right now, it has the following option:
1. I am an attorney...
2. I am acredited representative of religious, charitable trust....
3. I am associated with -------- the attorney of record previously filed a notice of appearance...(in this case, please check 1 or 2 as appropriate)
4. Others (Explain fully).
I guess if we have to file for self, we need to check others.
Can someone please advise what to write in the explanation? Also, does USCIS acknowledge the change of record or at least the receipt of G-28? Can this be filed even before sending AC21 letter? Is there anyway the existing lawyer/company will know about this? Thanks in advance for the reply.

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h1bdude1

03-23 11:48 AM

anybody please respond !!


hibdude1

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carbon

12-30 08:15 PM

Hi,

I just got my 2nd 3 year extension (Nov 2006 to Nov 2009) on my H1B after completing six years.

My PD is June 2005 and I-140 approved on July 2006. I am thinking of
changing my job. I am puzzling about the following questions:

1. Can I change the job and use my 3 year extension for the next job?
2. Can I keep my PD of June 2005 if my current employer doesn't revoke
my I-140 ?
3. If I apply for GC again with new employer and get my I-140 approved , can
I keep getting 3 year extensions on that job ?

PLEASE HELP!.

Thank you,

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factoryman

06-19 12:57 PM

Yes, on stamp paper. . What will you ask next? A format for affidavit. Why pal, why are you doing this to me? What did I do? Why did you start another thread?


Here it is:

Sample Affidavit of Birth for Parents

AFFIDAVIT BY [Father's First Name] [Father's Last Name] and [Mother's First Name] [Mother's Last Name] (Mothers Maiden Name: Mother's Maiden Name)

Re: [Child's First Name] [Child's Last Name] (If child is married, list the following: (Child's Maiden Name: Child's Maiden Name))

We, [Father's First Name] [Father's Last Name] and [Mother's First Name] [Mother's Last Name], hereby depose and say:


Our full and complete address is [street address with apartment or house number, town/city, state, postal zip code].

That I, [Father's First Name] [Father's Last Name] was born on [date] in the town/city of [city], [country].

That I, [Mother's First Name] [Mother's Last Name] (Mother's Maiden Name: Mother's Maiden Name), was born on [date] in the town/city of [name of city], [country].

We married on [date of marriage] in the city of [name of city], [country].

We [Father's First Name] [Father's Last Name] and [Mother's First Name] [Mother's Last Name] had the following children:
a. [Child’s First Name] [Child's Last Name] (If child is married list the following: (Child's Maiden Name: Child's Maiden Name) born on [date]; and

b. [list all of the other children, if applicable].


[Child's First Name] [Child's Last Name] was born in [name of city], [country].

This affidavit is being submitted because [CHOOSE ONE] there is no official record of birth [OR} the official record of birth is incomplete concerning [Child's First Name] [Child's Last Name].

We declare under penalty of perjury, that the foregoing is a true and correct statement.

_________________________
[Father's First Name] [Father's Last Name] and signature

_________________________
[Mother's First Name] [Mother's Last Name] and signature

Subscribed and Sworn to before
Me, this ____ day of __________,
[YEAR] at ______________________.




Sample Affidavit of Birth for Close Relative



AFFIDAVIT BY [Close Relative's First Name] [Close Relative's Last Name]

Re: [Applicant's First Name] [Applicant's Last Name] (If child is married, list the following: (Applicant's Maiden Name: Applicant's Maiden Name))

I, [Close Relative's First Name] [Close Relative's Last Name], hereby depose and say:


That I, [Close Relative's First Name] [Close Relative's Last Name], was born on [date] in the town/city of [City], [Country].

My full and complete address is [street address with apartment or house number, town/city, state, postal zip code].

That I am closely related to [Applicant's First Name] [Applicant's Last Name]. I am his/her [fill in: uncle, aunt, grandparent, etc.]

That [Applicant's First Name] [Applicant's Last Name] was born on [date] in [name of city], [country] to [Mother's First Name] [Mother's Last Name] and [Father's First Name] [Father's Last Name].

That I have direct personal knowledge of the event and circumstances concerning the birth of [Applicant's First Name] [Applicant's Last Name] because [state how you are aware of the birth or birth date].

That I have known the applicant since [month/year].

This affidavit is being submitted because [CHOOSE ONE] there is no official record of birth [OR} the official record of birth is incomplete concerning [Applicant's First Name] [Applicant's Last Name].
I declare under penalty of perjury, that the foregoing is a true and correct statement.

_________________________
[Close Relative's First Name] [Close Relative's Last Name] and signature



Subscribed and Sworn to before
Me, this ____ day of __________,
[YEAR] at ______________________.





Here is another version:
SAMPLE AFFIDAVIT OF BIRTH

Preliminary Instructions:

-Please keep in mind that the Beneficiary is the person whose birth is being proven (i.e. the person who has filed or will be filing an I-485).
-The Affiant is the person who affirming that the birth did occur and is the person who will be signing this document. The Affiant should have been an adult (over 18 years of age) at the time that the event (e.g. Birth) occurred.
-You should spell out all dates. You should never list the dates with just numbers. For instance, you should list “March 1, 1970”, not 3-1-70 or 1-3-70.
-The Affidavit ought to be certified or notarized.


AFFIDAVIT OF __________________ (Affiant's Name)


I, ____________________, a citizen of _____________ and currently
residing in __________ do hereby
State that the following is true and accurate to the best of my knowledge:
1. I am the _________ of ___________ (Identify the Relationship, e.g. “I am the Grandfather of Mr. Beneficiary”)
2. I was born on __________ (List Affiant's date of Birth. This will prove that the Affiant was an adult at the time that the event took place) in ____________ (list city, country) and I know of his/her birth because of my relationship to him/her.
3. In ______________ (Month/Year) I was living in ________________ (Town where Beneficiary was Born)
4. __________________(Beneficiary) was born on ___________________ in _________________ and I know of his/her birth because of my relationship to him/her.
5. ______________________(Beneficiary) was born to _____________________________(Father's
name) and _____________________ (Mother's name).
Note: Choose either Number 6a or 6b below depending upon whichever is relevant to your case.
6a. I hereby attest to the fact that birth records for individuals born during this time are difficult if not impossible to obtain and that a birth certificate was not issued to ___________ (Beneficiary) on his/her birth.
6b. I hereby certify that the birth certificate for ______________(Beneficiary) does not mention his/her name because it was not customary at that time to include the child's name on the birth certificate.

Dated: ________________________
__________________________________
(Affiant's Name)

Sworn to and signed before me this ____________ day of ____________, _______________. (List Month and Year)

______________________________
Certifying Official/Notary Public



NOW DO YOU WANT THE GUIDELINES FORM THE FOREIGN MANUAL, that I posted in another big thread.


Does the affidavit for Birth be on Stamp paper?? All those who have obtained affidavits, please advise.

Thanks.

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