WeShallOvercome
08-05 11:05 AM
Hello,
How can I inform the USCIS (I-485 pending) that my lawyer is not representing me any more? Do I need to fill up any form (like G28)?
I do not want USCIS to send ant document to my ex-lawyer anymore.
Thanks so much
EB2-NIW
PD march 2003
RD - august 2003
I-485 pending
Yes, you need to send another G-28 with a cover letter and a copy of your receipt notice.
How can I inform the USCIS (I-485 pending) that my lawyer is not representing me any more? Do I need to fill up any form (like G28)?
I do not want USCIS to send ant document to my ex-lawyer anymore.
Thanks so much
EB2-NIW
PD march 2003
RD - august 2003
I-485 pending
Yes, you need to send another G-28 with a cover letter and a copy of your receipt notice.
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dpp
01-07 08:25 PM
B. Provisions in Cases of Revocation of the Approved Form I-140
Subject: Guidance for Processing Form I-485 in Accordance with Section 106(c) of AC21
As discussed above, if an alien is the beneficiary of an approved Form I-140 and is also the beneficiary of a Form I-485 that has been pending 180 days or longer, then the approved Form I-140 remains valid with respect to a new offer of employment under the flexibility provisions of �106(c) of AC21.
Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the BCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer of employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.
If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the BCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
Subject: Guidance for Processing Form I-485 in Accordance with Section 106(c) of AC21
As discussed above, if an alien is the beneficiary of an approved Form I-140 and is also the beneficiary of a Form I-485 that has been pending 180 days or longer, then the approved Form I-140 remains valid with respect to a new offer of employment under the flexibility provisions of �106(c) of AC21.
Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the BCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer of employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.
If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the BCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
frostrated
06-18 02:35 PM
My current visa status is I-140 approved, I-485 pending, EAD and AP approved.
I was unemployed for the past 1 year and am thinking of applying for unemployment benefits. Will this cause any problem in my I-485 application like the employment agency informing the USCIS. Is there a way that the USCIS will find that I am currently unemployed because of applying for benefits and reject my GC.
if your EAD is based on YOUR I-140, then I dont think you have a valid status. During AOS, you need to have a job in the same category the EAD is valid for, unless you are the dependent.
In AOS, you cannot apply for unemployment benefit as it will trigger an USCIS audit.
By US law, if you are unemployed and are PRESENT in the US, you are entitled to umemployment benefit as you paid into the system.
By law again, if you are in non-immigrant status (AOS is considered non-immigrant until you get the green card), and you lose your job, you have to leave the country or you will start accuring illegal stay.
Check with your lawyer before you do anything.
I was unemployed for the past 1 year and am thinking of applying for unemployment benefits. Will this cause any problem in my I-485 application like the employment agency informing the USCIS. Is there a way that the USCIS will find that I am currently unemployed because of applying for benefits and reject my GC.
if your EAD is based on YOUR I-140, then I dont think you have a valid status. During AOS, you need to have a job in the same category the EAD is valid for, unless you are the dependent.
In AOS, you cannot apply for unemployment benefit as it will trigger an USCIS audit.
By US law, if you are unemployed and are PRESENT in the US, you are entitled to umemployment benefit as you paid into the system.
By law again, if you are in non-immigrant status (AOS is considered non-immigrant until you get the green card), and you lose your job, you have to leave the country or you will start accuring illegal stay.
Check with your lawyer before you do anything.
2011 “Ryo” (Amore Pacific).
gconmymind
03-25 03:18 PM
Is this true?
http://www..com/discussion-forums/i485-1/86900247/
That seems to be correct. STRIVE had similar provisions when it was introduced last time. HOWEVER, is STRIVE being discussed currently by Congress? Do you have a link to that?
http://www..com/discussion-forums/i485-1/86900247/
That seems to be correct. STRIVE had similar provisions when it was introduced last time. HOWEVER, is STRIVE being discussed currently by Congress? Do you have a link to that?
more...
poreddyp
11-13 10:56 PM
I have a question about VISA stamping.
I had a valid H1B approval till 9th October 2010. I applied for I485 and I had valid Advance Parole expiring Sept 2010. My current visa stamping is expired. I am planning to go to India on vacation and returning in Dec 2009.
My question is
1. If I use my Advance Parole at port of entry to US with out getting my visa stamped in India, will I loose my H1B status?
2. If I don't loose my H1B status, I am planning to transfer my H1B in Feb 2010. Will there be any problem in H1B transfer.
Thanks,
Praveen.
I had a valid H1B approval till 9th October 2010. I applied for I485 and I had valid Advance Parole expiring Sept 2010. My current visa stamping is expired. I am planning to go to India on vacation and returning in Dec 2009.
My question is
1. If I use my Advance Parole at port of entry to US with out getting my visa stamped in India, will I loose my H1B status?
2. If I don't loose my H1B status, I am planning to transfer my H1B in Feb 2010. Will there be any problem in H1B transfer.
Thanks,
Praveen.
sledge_hammer
03-07 10:40 PM
A little less than 70 days at TSC. Paper filing...
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onemorecame
03-26 01:09 PM
I Wish "C" for all category
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sr77
09-26 02:08 PM
I think you are already late. You should have done all you can, like meeting the senator, writing to uscis, infopass appt, as soon as you PD was current. Now the Visa numbers are over for the FY 2010. You may get lucky in October when new visa number are available. Hope this helps.
This is disheartening...
This is disheartening...
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Thiru
09-22 08:43 PM
I got email notification through e-mail my AP approval on 4th sep 2009.Not yet received AP document by mail.The processing center is TSC.Anybody in the same situation?
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chnaveen
07-07 05:11 PM
friends,
We are in a process of divorce . Last year I filed employment based 485 with my wife as depended. Now we both have EAD and she is working under EAD. If we divorce while 485 is pending who go out of status? Me or my wife? Is both 485 will be canceled? Or both are safe. If I marry again is it possible to bring my new wife under my filed 485 petition?
Thanks for your help.
balan
I485 Filed on July 2, 2007.
Who ever is dependent, they have to be in the relationship with the Primary until the GC is approved. If the relationship gets broken before the GC approval, the dependent's GC will be denied. But again, if the USCIS is not aware of the divorce and no RFE's then even the dependent also gets approved. But one should always inform USCIS about their change in Status, it may be an Address Change, Employer Change, Marital Status change.
The Primary's GC application will not be affected with the Divorce.
We are in a process of divorce . Last year I filed employment based 485 with my wife as depended. Now we both have EAD and she is working under EAD. If we divorce while 485 is pending who go out of status? Me or my wife? Is both 485 will be canceled? Or both are safe. If I marry again is it possible to bring my new wife under my filed 485 petition?
Thanks for your help.
balan
I485 Filed on July 2, 2007.
Who ever is dependent, they have to be in the relationship with the Primary until the GC is approved. If the relationship gets broken before the GC approval, the dependent's GC will be denied. But again, if the USCIS is not aware of the divorce and no RFE's then even the dependent also gets approved. But one should always inform USCIS about their change in Status, it may be an Address Change, Employer Change, Marital Status change.
The Primary's GC application will not be affected with the Divorce.
more...
Robert Kumar
03-22 09:03 AM
It's no brainer. Have the baby in US and then leave for india. You get US citizenship for your baby free of cost and without any hassles. Your baby can get indian citizenship anytime if that's your goal.
And u can get your GC by him sponsoring for you as parents in just 15-16 years from now.
That will be faster than this EB2 and EB3 backlogs.
You help him now, and he will help you.
And u can get your GC by him sponsoring for you as parents in just 15-16 years from now.
That will be faster than this EB2 and EB3 backlogs.
You help him now, and he will help you.
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ChainReaction
07-18 09:56 AM
Mr.Oh's opinion is flawed on many counts but most of all assuming what he says is correct, this delay the same either way. The bright side is that spouses will get their EADs.
Mr.Oh also assumes that USCIS processing procedure and speed will not change.
It sounds like fluff reporting that popular media does. All fluff, no value.:D
I think USICS will need to open many more backlog reduction center like DOL BEC in order to process currently pending 485 application in addition to 750,000 applications PLUS people stuck at BEC with PD 2000-2003 which will be filed by post june bulletin... and not to mention annual renewal of EAD/AP... We/IV also need to push for 3yrs EAD/AP else we have to file for renewal 9or 10 months in advance :eek:
Mr.Oh also assumes that USCIS processing procedure and speed will not change.
It sounds like fluff reporting that popular media does. All fluff, no value.:D
I think USICS will need to open many more backlog reduction center like DOL BEC in order to process currently pending 485 application in addition to 750,000 applications PLUS people stuck at BEC with PD 2000-2003 which will be filed by post june bulletin... and not to mention annual renewal of EAD/AP... We/IV also need to push for 3yrs EAD/AP else we have to file for renewal 9or 10 months in advance :eek:
more...
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brb2
08-06 01:22 PM
Honorable Senator Specter
Did you know that during the immigration debates, the most shrill voices against �immigration reform� (legitimizing illegal immigrants) was by legal immigrants who are living here in the US, and waiting for green cards, while their spouses are not allowed to work (half a million at the most recent count). Others who were against the reforms were immigrants who came here legally after waiting years, and are now green card holders. Democrats and liberal Republican senators have shown no empathy for legal immigrants and US citizens in their zeal for legalizing illegal immigrants through "immigration reform". I was not surprised to see just a single statement in your article, at the far end (probably as an afterthought) about green cards for legal skilled immigrants. Over 350,000 legal immigrants (99%) of who have nothing to do with crime are stuck in FBI name checks, and are unable to naturalize. Another 500,000 highly skilled legal immigrants (Doctors, Engineers etc) most of whom studied in the US, are stuck in retrogression (from countries such as India, China, Philippines etc). These legal immigrants are not even on your radar, even as Senators such as yourself, Ms. Diane Feinstein and others loose no opportunity to try to provide amnesty for the 12 million people who crossed over the border with scant regard for US law. You want to reward these people ahead of any �reform� for legal skilled workers. So much for President Bush�s statement about �putting these undocumented workers at the back of the line�. I don't think the American citizens will ever buy this lopsided reform. Genuine Border control is being held up as bait, for legalizing 12 million people. Please attend to border control and solve legacy problems of legal skilled immigrants already in the US, before doing anything on legalizing �undocumented workers�. Why is this so hard for our honorable congressmen and women to understand?
Lastly neither USCIS nor the FBI is able to timely service the legal immigrants already here, how do you propose to process the illegal immigrants without causing huge delays for those who played by the rules?
Did you know that during the immigration debates, the most shrill voices against �immigration reform� (legitimizing illegal immigrants) was by legal immigrants who are living here in the US, and waiting for green cards, while their spouses are not allowed to work (half a million at the most recent count). Others who were against the reforms were immigrants who came here legally after waiting years, and are now green card holders. Democrats and liberal Republican senators have shown no empathy for legal immigrants and US citizens in their zeal for legalizing illegal immigrants through "immigration reform". I was not surprised to see just a single statement in your article, at the far end (probably as an afterthought) about green cards for legal skilled immigrants. Over 350,000 legal immigrants (99%) of who have nothing to do with crime are stuck in FBI name checks, and are unable to naturalize. Another 500,000 highly skilled legal immigrants (Doctors, Engineers etc) most of whom studied in the US, are stuck in retrogression (from countries such as India, China, Philippines etc). These legal immigrants are not even on your radar, even as Senators such as yourself, Ms. Diane Feinstein and others loose no opportunity to try to provide amnesty for the 12 million people who crossed over the border with scant regard for US law. You want to reward these people ahead of any �reform� for legal skilled workers. So much for President Bush�s statement about �putting these undocumented workers at the back of the line�. I don't think the American citizens will ever buy this lopsided reform. Genuine Border control is being held up as bait, for legalizing 12 million people. Please attend to border control and solve legacy problems of legal skilled immigrants already in the US, before doing anything on legalizing �undocumented workers�. Why is this so hard for our honorable congressmen and women to understand?
Lastly neither USCIS nor the FBI is able to timely service the legal immigrants already here, how do you propose to process the illegal immigrants without causing huge delays for those who played by the rules?
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singhsa3
07-12 09:18 AM
Thats not the fact! and could be easily argued against.
"We continue to pay for Your Social Security
But the presidency gives illegals over legals more priority"
"We continue to pay for Your Social Security
But the presidency gives illegals over legals more priority"
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nandakumar
03-06 09:41 PM
Faxed
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08-06 04:38 PM
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DSLStart
12-16 10:32 AM
Very first thing hire your own attorney if new company is not providing one. Have your attorney send USCIS G-28 (change of attorney) on your 485 and other pending cases. Make sure the new attorney sends this out on the second day you meet him. This way your ex employer's attorney will have not control over your case. Spend money from your own pocket if new company not providing attorney as this is an important thing.
I'm EB3 (ROW)...PD: May 2006. My I485 is pending more than 18 months and I140 is approved a year ago. Recently, my boss fired me. I left the company and got a better job within a week. thanks god.
Now my ex-employer is calling my lawyer and bringing some alligation against me and asking my lawyer to withdraw my case. He also mentioned to my lawyer that he is going to call the immigration and take action against me by withdrawing my case.
1...Does anyone have any idea how the immigration going to react after listening to his alligation against me?
2...by submitting any paperwork to them can he hamper my proessing?
3...Do i have anything to scare about?
4...what should i do now?
This issues a very crutial to me now. he is one of those nasty desi employer's who underpaid me last 6 years not just acting funny when I'm asking for my rights. He setup the whole alligation against me and have some office staff working and supporting him.
I need help.....please let me know what should i do....please people help me....
I'm EB3 (ROW)...PD: May 2006. My I485 is pending more than 18 months and I140 is approved a year ago. Recently, my boss fired me. I left the company and got a better job within a week. thanks god.
Now my ex-employer is calling my lawyer and bringing some alligation against me and asking my lawyer to withdraw my case. He also mentioned to my lawyer that he is going to call the immigration and take action against me by withdrawing my case.
1...Does anyone have any idea how the immigration going to react after listening to his alligation against me?
2...by submitting any paperwork to them can he hamper my proessing?
3...Do i have anything to scare about?
4...what should i do now?
This issues a very crutial to me now. he is one of those nasty desi employer's who underpaid me last 6 years not just acting funny when I'm asking for my rights. He setup the whole alligation against me and have some office staff working and supporting him.
I need help.....please let me know what should i do....please people help me....
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Munna Bhai
07-12 09:08 AM
hello, any inputs
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javadeveloper
07-18 10:01 PM
Here is:
e-file 765(180 $)
Send copy of 485 along with printout of receipt
Wait for FP appointment
Done(got cards 40 days later)
I already did it for wife, son and myself.
Saved about 1500$
What is the url for e-filing?Pls post here
e-file 765(180 $)
Send copy of 485 along with printout of receipt
Wait for FP appointment
Done(got cards 40 days later)
I already did it for wife, son and myself.
Saved about 1500$
What is the url for e-filing?Pls post here
newyorker123
09-02 01:43 PM
you can mention what all you need in your application. go to the link (http://www.uscis.gov/files/form/g-639.pdf) and www.uscis.gov/foia (http://www.uscis.gov/foia)
You can find all detail.
I recently made G-639 request, waiting for the documents, I asked for the complete set of documents tagged to my 485, will it get it me my ETA750 also?
because other guy mentioned other email, foiarequest@dol.gov. Shall I send email to this also?
You can find all detail.
I recently made G-639 request, waiting for the documents, I asked for the complete set of documents tagged to my 485, will it get it me my ETA750 also?
because other guy mentioned other email, foiarequest@dol.gov. Shall I send email to this also?
vandanaverdia
09-11 11:59 AM
Guys, there is a fund drive for 30k in 8 days, please help us to achieve the goal and contribute. 18k more to go.
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Come to DC....
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