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| Hello, I'm hprl
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I am from China
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I last logged in 10 hours 27 minutes ago
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I have been a member since 05 Aug 2008
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| I have added
39 posts in trackitt forums
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I added my last post on 03 Dec 2008
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hprl's Immigration Cases
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| I-485 case:
Pending for 476 days (109 days more than average*) (0 comments) (View approval trend) |
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| User: |
hprl |
Priority Date: |
15 Dec 2006 |
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| Service Center: |
Nebraska |
Category: |
EB2 |
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| Application Mailed: |
02 Jul 2007 |
USCIS Received Date: |
15 Aug 2007 |
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| USCIS Notice Date: |
15 Oct 2007 |
Filing Type: |
non-concurrent |
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| I-140 Processing: |
regular |
I-140 Approval Date: |
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| Fingerprinting Date 1: |
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Fingerprinting Date 2: |
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| RFE: |
no |
RFE Reply Date: |
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| Name Check Status: |
too early to say |
Name Check Approval/Denial Date: |
N/A |
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| I-485 Status: |
pending |
Approval/Denial Date: |
N/A |
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| Card Ordered Date: |
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Card Received Date: |
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| EAD Applied: |
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AP Applied: |
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| EAD Approval Date: |
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AP Approval Date: |
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| Nationality: |
China |
Country of Chargeability: |
China |
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| Applicant Type: |
primary |
Last Updated: |
29 Nov 2008 |
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| Notes: |
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*This is the average approval time in the last one year for cases with no RFE. (RFE = Request For Evidence) |
Topic: Impact on Loosing job if you are on EAD
Renewing your H1b will cost company around $2000 yet it does not cost them a penny if you use EAD.
Q.1) According to you guys what will be Pros and Cons if I choose to work on EAD with my same employer?
Pros: save H1b leftover time
Cons: you lose H1b.
Q.2) In that case should I have to file AC-21 or not?
This is nothing to do AC21 since you are not switching company.
Q.3) What would be impact if I loose my job during I am on EAD? Any impact on Status?
Complicated. If 1) your company does not withdraw your I-140, you are fine. Quickly find a new similar job and use EAD.
or 2) if company withdraws it, your I-485 and I-140 will be denied, and EAD becomes invalid. You are out of status. While you file MTR (motion to reopen), you need to switch status. |
Topic: Impact of I-485 denial on approved I-140
Thanks for the inputs! That's a hypothetic question and my I-485 is still pending. Once I-140 is approved, we keep PD for future use.
Per USCIS memo, we can extend H1b beyond 6-year limit if we have approved I-140, either from current company or else. Hypothetically, if AC21 porting is denied yet I-140 was approved, we can still use approved I-140 to extend H1b and use its PD for future use, can we? |
Topic: Impact of I-485 denial on approved I-140
Can somebody shed a light? Otherwise, my question will be drowned by other posts quickly :-) |
Topic: USCIS is off today :-)do not try to call :-)
Veteran's day. Government and banks etc. are closed. |
Topic: Impact of I-485 denial on approved I-140
Per USCIS memo, only USCIS can revoke approved I-140 due to fraud and in that case, I-140 becomes invalid. It'll be still valid though petitioner or company withdraws it after I-485 has been pending for 180+ days. |
Topic: Impact of I-485 denial on approved I-140
Does anyone know for sure that if denial of I-485 affects/nullifies/invalidates approved I-140?
With approved I-140, I-485 may get denied for some reason, i.e. AC portability etc. The point is: if approved I-140 is still valid, people can still extend H1b beyond 6-year limit for ever and leave enough time to restart the whole process. |
Topic: Urgent Help Needed!!!!!! IO with State Police at home today morning.
Jklife2006,
Anyway, good luck. Usually, if we lose job on pending I-485, the best strategy is not to let USCIS know and try to find the next similar job ASAP. |
Topic: Urgent Help Needed!!!!!! IO with State Police at home today morning.
A valid EAD does not offer you legal status. It's just a working permit and its validity relies on pending I-485. You were legally employed on H1b until the day you were laid off. Not anymore though.
This is not about eligibility for unemployment benefits. It's about whether your status is legal. If USCIS knows that you lose your job while I-485 is pending and there is no next similar job, they should deny your I-485 right away. |
Topic: FYI - AC21 and Self employment
Understood that it's AC21 related, not about I-140. And I'm not talking about it either.
Here is the relevant CIS memo. Still, you need to convince CIS that "new employer and the job offer are legitimate". Though CIS does not specify how, my understanding is you need to show some evidence. You cannot say that I work for myself and new job is similar to the previous one without any supporting documents.
http://immigration-information.com/forums/showthread.php?t=4396
Question 8. Can an alien port to self-employment under INA ยง204(j)?
Answer: Yes, as long as the requirements are met.
First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed.
Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. Third, as with any portability case, USCIS will focus on whether the I-140 petition represented the truly intended employment at the time of the filing of both the I-140 and the I-485. This means that, as of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate. |
Topic: FYI - AC21 and Self employment
It's true. BUT, it's not easy to convince USCIS that your own company has stable financial performance in the history and has enough cash flow to have "ability to pay", which is the major reason why people's I-140 gets denied. |
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