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Posted by lia03ro on 15 Nov 2007adi i wanted to ask your opinion in the matter for I 130 AP- , my AP was sent to me on Oct 25 and my husbands Nov 7 (we asked our lawyer if it comes to him to call us) but till now nothing :(
what do you think? they were lost in mail or lawyer is just a pain in the ......
thanks :)
what do you think? they were lost in mail or lawyer is just a pain in the ......
thanks :)
Posted by milano43 on 19 Nov 2007Hi adrianmutu, I am also from Romania and in a similar position as you. I filed for I140 and I485 concurrently on Aug 12, 2007. I had my fingerptinting appointmnet on Nov 5. I wanted to ask how did you find out that your namecheck was approved.
Thanks.
Thanks.
Posted by duse95 on 26 Nov 2007Good to hear that EB3 NC clears so fast. I filed on Aug 17 and don't know if I should hope for a fast processing or a slow one because the EB3 category is retrogressed again.
Posted by lia03ro on 30 Nov 2007adi what does it mean ROW country?
ps: finally i got my AP document yesterday, was approved on oct 6 but it seams like they lost it and they resent it , wery strange is that i didn't even call them for that :)
mersi/ thanks
ps: finally i got my AP document yesterday, was approved on oct 6 but it seams like they lost it and they resent it , wery strange is that i didn't even call them for that :)
mersi/ thanks
Posted by Starter on 02 Jan 2008Hi Adrian,
Write in the forum please.
Starter
Write in the forum please.
Starter
Posted by GCEB1C on 04 Jan 2008are you lying low??
Posted by poliana24 on 04 Jan 2008Also we are from Romania.
Posted by AdrianMutu on 07 Jan 2008Starter, GCEB1C,
Thanks for missing me, but sometimes I do take my vacation days ;-) Happy New 2008!
Thanks for missing me, but sometimes I do take my vacation days ;-) Happy New 2008!
Posted by Arbee on 10 Jan 2008Hi adrianmutu,
I'm from RO too, and I would like to ask your (expert) opinion about this thread.
http://www.trackitt.com/discussion-forums/i485-1/56005097/
In my last post there I made couple of statements for which I really need your input.
Thank you. (Multumesc)
I'm from RO too, and I would like to ask your (expert) opinion about this thread.
http://www.trackitt.com/discussion-forums/i485-1/56005097/
In my last post there I made couple of statements for which I really need your input.
Thank you. (Multumesc)
Posted by Arbee on 11 Jan 2008Thank you for your quick response. This did shed a lot of light over my real situation. I fit into the second scenario as I count on my good relationship with the sponsoring employer. However, I'm gonna wait until the 180 days are up.
I cannot afford an AP (or rather use it). I have to multiply the fees for the whole family, round trip plane tickets for whole family, extra funds for due bills while we're gone and not making any money - it's simply to much for me now, so why an AP if I can't use it? Thank you for your concern, though.
Dau o bere cand se termina toata nebunia asta (I'll buy you a beer when all this crazyness is over)
I cannot afford an AP (or rather use it). I have to multiply the fees for the whole family, round trip plane tickets for whole family, extra funds for due bills while we're gone and not making any money - it's simply to much for me now, so why an AP if I can't use it? Thank you for your concern, though.
Dau o bere cand se termina toata nebunia asta (I'll buy you a beer when all this crazyness is over)
Posted by AdrianMutu on 15 Jan 2008Roxy: I do not have a handle on IV, and am not affiliated with them in any way. Thanks for your compliment. All my knowledge is gathered from spending (wasting...) some time on forums and filtering through the available information. Good luck.
Posted by monamar on 24 Jan 2008Adrian, quick question...
I know this has been answered many many times elsewhere. But I just wanted to get it straight from the expert.
My I-140 and I-485 were received by TSC concurrently on May 08, 2007. So, I must be past the 180 days now. My I-140 had been approved on July 03, 2007.
No further progress since then, other than approval for EAD and AP.
1. What happens if I get fired any day now? If there is no other job offer, do I need to pack up and go home?
2. If I manage another job inside or outside the same company, is that considerable?
3. What are the risks of going to another compny even if I do not get fired?
4. Does it have to be similar type of job? What if similar job but higher in position and salary?
I know this has been answered many many times elsewhere. But I just wanted to get it straight from the expert.
My I-140 and I-485 were received by TSC concurrently on May 08, 2007. So, I must be past the 180 days now. My I-140 had been approved on July 03, 2007.
No further progress since then, other than approval for EAD and AP.
1. What happens if I get fired any day now? If there is no other job offer, do I need to pack up and go home?
2. If I manage another job inside or outside the same company, is that considerable?
3. What are the risks of going to another compny even if I do not get fired?
4. Does it have to be similar type of job? What if similar job but higher in position and salary?
Posted by poliana24 on 24 Jan 2008- AC21 portability is generally available to the applicant whose I-140 has been approved and I-485 has been pending at least 180 days.
- The priority date doesn't change as a result of using AC21.
- The applicant is eligible to use AC21 to change employers multiple times until the GC is approved.
- The applicant can join with the new employer whose location [City or State] is different from the location of the GC Sponsor.
- In most cases, it is the applicant's responsibility to inform the USCIS about the new job. As of now there is no defined or formatted letter to use to inform the USCIS.
- While using AC21, dont forget to inform the USCIS about the following:
i) Address Change, in case if you relocate to a new apartment, city.
ii) Attorney Change, in case if you use a different attorney than the one who filed your I-485.
iii) New employer
- There can be a difference between the salary offered by the new employer and the salary mentioned in I-140/LC. However, if the difference is too low or high, then USCIS might issue an RFE to verify if the new job is in the same occupational classification. Also, the percentage of allowed difference between the salary from GC sponsor and the new employer is not yet defined.
- There won’t be any RFE for the employer to show the proof of 'ability to pay'. However a RFE is possible to confirm the legitimacy of the new employer and the job offer.
- Make sure the offer letter from the new employer has the same job description/duties detailed in the ETA 750 or in the I-140 application. The job title can be different as every company uses different title.
- The applicant can port himself/herself to self-employment as long as the new job is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed.
- The USCIS stated in an August 4, 2003 memo that, if the GC Sponsor revokes an approved I-140 petition after the I-485 application has been pending for 180 days or longer, and there is no notification on file that the beneficiary is using AC21 portability, the USCIS must then issue a Notice of Intent to Deny (NOID) the I-485. In order to prevent the USCIS from issuing a NOID, it is generally advisable for the applicant to notify the USCIS of the job change under AC21 as soon as possible.
- If you suspect that the GC Sponsor can withdraw your approved I-140, then use a lawyer and inform the USCIS as soon as possible. It seems, sometimes, USCIS is not handling/encouraging the unsolicited mails properly and hence your notification might be lost in the pile or reach the data entry operator very lately. Meanwhile, USCIS might issue a NOID. So, get the help from the lawyer.
- The applicant can be without job in hand when I-485 is pending[pre-adjudicated] but at the time the I-485 is being adjudicated under AC21, the applicant SHOULD have an employment with the same job description/duties detailed in the ETA 750 or in the I-140 application,
- In order to avoid problems during naturalization (applying for citizenship), the applicant should be with the employer whose name is in the file at the time of I-485 approval for at least 180 days.
- Apply for EAD renewal at least six months in advance before it expires. It is not like H1B extension in which you can start or continue working once you file for the extension. If you are working in EAD, it is illegal to work after expired date though you have applied for the EAD renewal. ie.) EAD card expires on 01 Jun 2008. You have applied for extension on 01 Feb 2008. In case if you are not receiving the card on or before 01 Jun 2008, you are not supposed to work after 01 Jun 2008 until your new EAD card arrives.
- The only difference between the GC and using the AC21 is, using AC21, the applicant SHOULD be working in the "same or similar" occupational classification, whereas using GC, the applicant can work for any employer and take any kind of jobs.
- The priority date doesn't change as a result of using AC21.
- The applicant is eligible to use AC21 to change employers multiple times until the GC is approved.
- The applicant can join with the new employer whose location [City or State] is different from the location of the GC Sponsor.
- In most cases, it is the applicant's responsibility to inform the USCIS about the new job. As of now there is no defined or formatted letter to use to inform the USCIS.
- While using AC21, dont forget to inform the USCIS about the following:
i) Address Change, in case if you relocate to a new apartment, city.
ii) Attorney Change, in case if you use a different attorney than the one who filed your I-485.
iii) New employer
- There can be a difference between the salary offered by the new employer and the salary mentioned in I-140/LC. However, if the difference is too low or high, then USCIS might issue an RFE to verify if the new job is in the same occupational classification. Also, the percentage of allowed difference between the salary from GC sponsor and the new employer is not yet defined.
- There won’t be any RFE for the employer to show the proof of 'ability to pay'. However a RFE is possible to confirm the legitimacy of the new employer and the job offer.
- Make sure the offer letter from the new employer has the same job description/duties detailed in the ETA 750 or in the I-140 application. The job title can be different as every company uses different title.
- The applicant can port himself/herself to self-employment as long as the new job is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed.
- The USCIS stated in an August 4, 2003 memo that, if the GC Sponsor revokes an approved I-140 petition after the I-485 application has been pending for 180 days or longer, and there is no notification on file that the beneficiary is using AC21 portability, the USCIS must then issue a Notice of Intent to Deny (NOID) the I-485. In order to prevent the USCIS from issuing a NOID, it is generally advisable for the applicant to notify the USCIS of the job change under AC21 as soon as possible.
- If you suspect that the GC Sponsor can withdraw your approved I-140, then use a lawyer and inform the USCIS as soon as possible. It seems, sometimes, USCIS is not handling/encouraging the unsolicited mails properly and hence your notification might be lost in the pile or reach the data entry operator very lately. Meanwhile, USCIS might issue a NOID. So, get the help from the lawyer.
- The applicant can be without job in hand when I-485 is pending[pre-adjudicated] but at the time the I-485 is being adjudicated under AC21, the applicant SHOULD have an employment with the same job description/duties detailed in the ETA 750 or in the I-140 application,
- In order to avoid problems during naturalization (applying for citizenship), the applicant should be with the employer whose name is in the file at the time of I-485 approval for at least 180 days.
- Apply for EAD renewal at least six months in advance before it expires. It is not like H1B extension in which you can start or continue working once you file for the extension. If you are working in EAD, it is illegal to work after expired date though you have applied for the EAD renewal. ie.) EAD card expires on 01 Jun 2008. You have applied for extension on 01 Feb 2008. In case if you are not receiving the card on or before 01 Jun 2008, you are not supposed to work after 01 Jun 2008 until your new EAD card arrives.
- The only difference between the GC and using the AC21 is, using AC21, the applicant SHOULD be working in the "same or similar" occupational classification, whereas using GC, the applicant can work for any employer and take any kind of jobs.
Posted by eladen on 29 Jan 2008Adrian,
When using AC21 do you have to be on the new employer's payroll during the adjudication of your I-485 or just a standing offer letter from the new company will do?
wamjr
When using AC21 do you have to be on the new employer's payroll during the adjudication of your I-485 or just a standing offer letter from the new company will do?
wamjr
Posted by jaypradhan on 03 Feb 2008Do you have any recent LUD change, soft LUD which doesn't send out emails? I have one today. Let me know if you are in the same page.
Posted by SU2008 on 19 Feb 2008 Posted by eladen on 08 Mar 2008Hi Adrian,
Got my approval last wed....me and my family just want to thankyou for all your informative posts regarding this GC process....you help a lot of people from trackitt....will pray for your greencard to come soon....again thank you from the bottom of my heart....
wamjr
Got my approval last wed....me and my family just want to thankyou for all your informative posts regarding this GC process....you help a lot of people from trackitt....will pray for your greencard to come soon....again thank you from the bottom of my heart....
wamjr
Posted by Starter on 04 Apr 2008 Posted by mirandolina on 11 Nov 2008Adrian,
I noticed you are very knowledgeable about I-485 processing. Could you please tell me what steps are involved (name check, fingerprints etc), and their order?
I have no idea how can I check where am I in the process. I called USCIS, and I won’t be able to find out more than I already know, i.e. the status is “received and pending”…
Merci beaucoup!
I noticed you are very knowledgeable about I-485 processing. Could you please tell me what steps are involved (name check, fingerprints etc), and their order?
I have no idea how can I check where am I in the process. I called USCIS, and I won’t be able to find out more than I already know, i.e. the status is “received and pending”…
Merci beaucoup!
Posted by Starter on 24 Dec 2008Dude, I need your comment on the following thread. I have a serious issue.
http://www.trackitt.com/discussion-forums/i485-1/261667413/last-page/
http://www.trackitt.com/discussion-forums/i485-1/261667413/last-page/
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