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Everything posted by submit2junk

  1. submit2junk

    Traveling on AP

    Primary Applicant : Original AP and Original I485 receipt notice. They never asked me or my dependents for I485 receipt notice original all these days but i recommend you get it from your employer if they filed it on your behalf. It might have been mailed to the attorney on G-28. Dependents : Original AP , Original I485 + copy of primary applicants I485 receipt. I have heard of one case where someone forget to take AP original but had only photo copy while returning to USA. They let the person in but asked to produce the original within few days.
  2. submit2junk

    Joining new employment on EAD

    You have not indicated if you are currently on H1. If your priority date becomes current OR is likely to become current in the near future then you can hold sending Supplemental Form-J (AC21) asking DHS to interfile in your 485 petition - in such a case just make sure your employer will be willing to fill in all the relevant details for the form-J. If your priority date is not on the horizon , i would recommend you do Supplemental Form-J. Tell your employer that they might need to give it again when the dates become current and when you receive RFE. Filing Supplemental Form-J *might* help when you cross the border via air and come into the United States. I had travelled several times on EAD and not once was i asked about my employment. It appears like they ask you about your employer in airports like Abu Dhabi, Dubai which are part of the USA global entry program. If you are coming via some other airport you should be fine. In addition you may refer to my other postings here : Hope This Helps.
  3. I know someone whose date became current and he/she got his/her GC without any interview. If you are able to provide EVL (aka) Supplemental Form-J you should be good even without interview. If you cannot provide (either your current employer is unwilling to give you one or you are in between jobs or out of job) then you might get an interview. Again they cannot reject your GC as long as you have the intention to work for your original GC sponsoring employer since GC is for future employment. If your I-140 has been revoked or withdrawn then it will be better if you are employed at the time of interview.
  4. submit2junk

    Employer Change

    You said you are in EB2 and that 6+ months have elapsed since filing concurrently. First i would strongly recommend you get your I-140 receipt number, I-140 approved PDF copy, I-485 receipt number. - If you change your employer, make sure your new employer will be filling to provide you with Supplemental Form J. If not i would not recommend. - If you change your employer, you may not be able to file new H1. Your option would be to invoke AC21 (read 485 Form J aka Supplemental Form J). If your original employer withdraws your I-140 then it will result in an RFE when your EAD comes up for renewal. You will need copy of approved I-140 at that time. If your current GC sponsoring employer is not willing to part it with you , you could in trouble. - Your current GC sponsoring employer can withdraw or revoke your I-140. If you have a soft copy AND you have a valid USA employer to provide you with a full time position (or if you are in one such) then you are good. - I would not recommend job change unless your future employer is willing to provide Supplemental Form-J. Explain to them what it is and ask them if they will be willing to sign one and provide you with original which you make a copy before sending to USCIS/DHS. - The job description should tally with (or similar to) what is in your Labor Certificate. Make sure you have your LC copy from your GC sponsoring employer. - If you must leave your GC sponsoring employer , i recommend you leave in good terms. Make sure you get your I-485 original receipt from them before you leave. Even now it MUST be in your possession and not with your emplyer. It is YOUR application. Let then not give you stories and deny you what is your document. - If you have 2-3 months on your hand i would do a FOIA and get LC copy, I-140 copy. If your employer refuses to give you with I-485 original then ask for full GC file (you may need to shell out $25 or so) and when they ask for reason you indicate your employer is unwilling to part with your I-485 receipt which is yours. Don't feel afraid to indicate it if you are applying for FOIA. AFAIK, for immigration related Notary you would need get an appointment with a County Clerk office and NOT from local notary. Looks like the rules of the game has changed recently.
  5. submit2junk

    2nd Masters , Visa Stamping

    1. You have the right to continue your higher studies and your career. 2. Consult an attorney or do what pontevecchio said.
  6. submit2junk

    Letter from City Police

    If you either ordered Medicines from Overseas or some other item banned in USA possibly it got held by CBP. In an ideal situation USPS or a courier company should be handling it. Just don't bother about it and let the 90 day period expire as indicated in their letter. Let them throw it.
  7. submit2junk

    EAD renewal gaps - RFE

    Did you file it well ahead of time? If 90 days elapsed after filing and your existing EAD did not expire , did you get an interim EAD? It looks like EAD is valid only for the dates printed on it (that is changing w.e.f Jan 17/2017 see below for the uscis link). Talk to an attorney may be murthy.com .. Below are some links https://www.murthy.com/2013/10/21/employment-authorization-document-misconceptions/ https://www.murthy.com/2014/09/17/eads-delays-filing-and-follow-up-suggestions/ http://forums.*************/threads/can-i-work-during-ead-renewal-gap.255028/ https://www.uscis.gov/working-united-states/automatic-employment-authorization-document-ead-extension Good Luck.
  8. submit2junk

    Supplement J without RFE

    1. You have not indicated what kind of RFE you have received. I would assume it is for I-140. 2. Supplement J is the current day equivalent of AC21. You send it when you change employer. If you had not changed your employer you don't need to submit Form J. GC is for future employment and USCIS / DHS will ask for Supplemental Form J when your priority date becomes current for proof of employment. If latest i485 form asks for Supplemental Form J and you did not send it don't worry about it since you just received your receipt numbers. I would check with www.uscis.gov and click on "Check my case status" link for the receipt numbers and see what it says. If it just says a response was mailed .. days ago and nothing else i will take a print out / soft copy of it and continue with my life. 3. Keep your pay stubs. So even if USCIS indicates you did not send Supplemental Form J you can always prove you were employed with your present day employer. Make sure you ask your attorney for I-140 Receipt number , copy of approved I-140. It is an employer document and usually not all employers share I-140 receipt number with the employee. Good Luck.
  9. submit2junk

    Supplement J Form

    It cannot be 1b since it is not a new job and you are NOT invoking AC21. It would be 1a be default. Job nature AFAIK does not need to be the same but can be similar.
  10. submit2junk

    I-485 derivative RFE for Employment Based.

    Priya0331, Sorry to hear you lost your husband. Below are two links. The 3rd one i picked from murthy.com posting itself. https://www.murthy.com/2013/07/09/i-485-approvals-possible-impact-on-spouse-children-without-filed-i-485s/ https://www.murthy.com/2012/10/08/uscis-on-immigration-benefits-after-death-of-qualifying-relative/ https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2011/January/Death-of-Qualifying-Relative.pdf If you never traveled out of the country with AP then you should be fine. If you don't have I-94 copies , you may use the DHS stamping on the Passport itself. Regarding your questions: 1) You can use your I-485 receipt , I-797 receipt notices of H4 prior to applying for I-485 , AP copies , I-94 copies if you have. I am not sure if the Application Support Center (ASC) finger print notices would be accepted but they should be since they are issued by DHS. 2) For family emergency you should be able to travel as long as you are not renewing your AP ; If GC is approved then it should be possible to enter USA; See the below murthy.com link https://www.murthy.com/2014/05/26/i-485-approval-during-international-travel-2/ Good Luck for your green card.
  11. submit2junk

    RFE 485-J form. Employer don't want to fill

    If your employer does not want to fill in Gross/Net then it is their problem if questioned. Your employers income profit has nothing to do with your employment status. I would say go ahead and take the rest of Supplemental Form-J signed by them and submit. I am no lawyer-Pontevecchio recommends taking help from Murthy attorney.
  12. submit2junk

    EB2 I-485 REF for spouse, requesting EADs

    Hi sbanil , manishthakar Just curios - what did you reply to RFE? Were your cases approved? Best of Luck. https://www.murthy.com/2013/06/21/influx-of-rfes-on-pending-i-485s/ USCIS Issues Numerous RFEs on Pending I-485 Applications - Capitol Immigration Law Group PLLC
  13. >> How do I inform USCIS that I have changed the employer; and who will send this information to them? Fill Supplement J form with your details (Part 3, Part 6 - i recommend you fill it before you send it to your employer) , send it to your employer ; Ask company representative (could be your manager / HR / Legal) to fill in their details (Part 5, 7 and optionally 8) , print , sign it and send signed original to you. You then sign it , attach photo copies of I-140 , I-485 receipt (don't forget to put in control number SRC/LIN/.. etc) and mail it to USCIS. If not you , your attorney can mail it if the person is on G-28 file. If your attorney is sending make sure they may need to fill Part 4. >> While still my 485 application pending, if USCIS sends the RFE, after changing the employer, who will receive the RFE? Depends on who sent it and if you have an attorney on file. RFE can come to you directly if it is I-485. I know one case where finger printing request was mailed to both the applicant and the attorney on file. >>Are they going to send to my current company's lawyer add/or will I also get the notification via email or copy of RFE via email? See above reply. >>In case, I will receive a copy, how will I be able to proceed in replying the RFE? What type of RFE do you expect? Supplemental J form aka AC21 is just a way to indicate you have moved out of your original employer and you have a valid full time employment with a US employer. I-140 withdrawal will not affect your chances if more than 180 days have elapsed after filing I-485. Below are two more links from murthy site https://www.murthy.com/2016/01/27/priority-date-retention-i-140-revocation-protections-proposed-regulation/ https://www.murthy.com/2010/05/14/murthy-success-story-ac21-portability-after-i-140-revocation/ As per the recent changes the I-140 will not be revoked if the employer withdraws or goes out of business. Good Luck.
  14. submit2junk

    I-485 Supplement J

    >I’m on EAD from last 10 years (485 filed on 2007 as EB3 priority on Nov 2005) and working for an employer as >fulltime and they don’t sponsor any H1 or green cards. What are my alternatives for to file form “J” if I receive any RFE? No sponsorship is required for form "J". All it is asking is non-technical job description and an employer representative signing. If i were in your position i will go and ask NOW if they will provide me with Form J after explaining to them about it. If they cannot i will find a full time position with an employer who will be willing to provide me with Form J signature. Don't wait for the last minute and don't be attached to any job/employer. GC is a waiting game and you have to do what is good for you. Good Luck.
  15. submit2junk

    New Rule and Supplement J

    Read through the Supplemental J form instruction on "who may file AC21". If you are on AC21 you shall file it upon job change. I would recommend you being proactive. If you are out of job when your date becomes current and you receive a RFE for proof of employment you could be in trouble. Better be proactive and have it on the file. It is upto you.
  16. submit2junk

    AOS renew and any new travel restrictions

    Your statement does not indicate if someone is travelling out of USA officially and returning on EAD. That is a valid scenario. Even if someone is in EAD , they cannot deny entry if you are eligible for paid leave and are going out to your native country for genuine reasons (visit ailing parents , relatives , son, daughter , wife etc). Legal cases could be other reasons. Since u are on EAD, it is given you are a citizen of a different nation and that you would need to deal with court cases , physical appearance for any mandatory requirements (say Aadhaar card if you wish to apply for if you are Indian for which you would necessarily give finger print and retina scan) etc. Given the delay in processing of GC cases , it is impossible to expect people to stay put and travel only within 50 states till one gets GC. May be you won't be able to go on pleasure cruises or travel for joy on AP. Murthy attorney has given a link for FAQ. That has good piece of info too.
  17. submit2junk

    Medicines for friend's father

    Option #1 : Depends if your friends father is on Visit to USA. You would need to carry medicines from India with a Physician prescription on his name since he might have forgotten to bring it with him while coming to USA or might have lost it somewhere. Option #2: If not #1 above (he is a PR or Naturalized Citizen) , you should still be able to bring it with prescription in his name which they cannot deny. Worst case they will withhold it and let you in. Preferably try to get same medicine (that is sold in US ) if available and if not generic one but paid in indian rupees. See #3 below. Option #3: If not any of the above, send it by mail to his address with physician prescription. Worst case they will inspect it (if they catch it) and the intended recipient will receive a letter indicating the medicine is not for sale in USA and that he does not need to anything and the drug will be either returned to the sender (!!) or destroyed.
  18. submit2junk

    Employment breach

    ravhunandan Rahul and Joe had given useful inputs. 1. From your post it is difficult to know where you signed the papers. India or USA after landing (if they have any office at USA). Based on whatever little i know , that can have an impact on this issue. If you have signed in India, there is a possibility all bets are off for you to file a case in USA (assuming they don't operate in USA having any office). In fact it may be possible for them to come after you once you land in India .. not that it will happen but it can. 2. As Joe said correctly , if you are on H1 visa they must pay you full even if you are on bench. That is the law in USA. Many if not all H1 companies circumvent this by asking the employee on bench to request unpaid leave due to blah blah circumstances .. so that they are off the hook. I doubt if any attorney can sue them then. If they did not ask you to do that , then you can go after them. But you need to make sure they are let go only if they agree not to come after you on the $3000.00 or so per month in writing. Something i doubt if they will agree. 3. From what i see, your employers should have been decent and must have paid you. What proof you have that you worked with them for that period? Do you have emails , letter of offer etc? You need something to go after them. 4. Legally, if X has to go after Y , X has to come clean then. If X did not pay Y for the services offered by Y, then the following can happen. - Court of justice may punish both .. two separate cases one in India (X going after Y) and one in USA (Y going after X) - Both parties keep quiet 6. If the amount due to you is not much i would recommend you keep quiet BUT collect all evidences of service provided to the employer so that if they come after me i can put them in trouble. 7. Whatever you do , do it in Writing. Don't ever agree or take into consideration any verbal communication no matter how convincing or sweet it may sound. You may regret it later. 8. Make sure you get any legal / reference document needed from them if you can. Your future may depend on it. 9. AFAIK, disputes involving money have a cool off period (not sure .. please verify) and it is 4 years i suppose .. at least here in USA. I doubt if you can go after them after that period. Verify the same if you want to go after them. My aim is not to instigate. Use caution. Search for "indian labour law employee bond" in internet. Get hold of a good law firm to help you if your employers come after you or refuce to hand you over any documents legally required by if (if any).
  19. submit2junk

    I-140 RFE

    Not all countries have employee favoring laws. Sometime you are left without options. I recommend you draft a letter (with or without your supervisor's involvment / signature) and mail it to the physical address of your employers and keep a copy of the Postal Return Receipt OR Registered Post copy. Better still, send them a scanned copy of your latter indicating you will be keeping it as future reference. Also indicate you are forced to do it since they are not issuing experience letter. Just make sure you don't givie any false information in the letter. Do you have copies of your pay slips? PDF from adp if you are at USA? They will be proof of your employent though not experience letter. Talk to your clients and get some references. If the client is able to support you it should make your life easier. If you have Offer of Employment and letter of leaving , it should help combined with Client References if any. Good Luck.
  20. submit2junk

    485 RFE, AC21 not filed

    Check here. The URL itself is a bit old but should answer some if not all your questions. http://www.murthy.com/2008/01/18/ac21-frequently-asked-questions-july-2012-update/
  21. Did you do consular processing prior to relocating to India? If so you may be able to do something about it. If not , did you go to India when the Advance Parole was valid and did you renew the AP while in India. If the answer is 'no' to all of the above then i think you need to talk to a good lawyer. AFAIK , if you leave USA without having AP , in all probability it will be considered you have abandoned your application. The only exception could be if you had switched over to Consular processing in which case you may not require a AP and might be able to come back. I am not an attorney just sharing what i have understood. Talk to a good immigration attorney.
  22. I found out from a reliable source the following: 1. Option#1 You can either send your application again or e-file. You have not mentioned if you efiled or not. You run the risk of losing money ; As your new application gets processed , the 1st one might get debited. I doubt if you will receive two EADs. But if you go that route, you must do it at least 90 days prior to existing EAD expiry. That way you will be able to call either the Service Center or visit Infopass and ask for Interim EAD. Your call. 2. Option#2 I knew someone who was in a similar boat but who had sent the application in time and using USPS/FedEx tracking. The person called 1-800 #, explained the situation (quoted tracking detail and it got delivered & signed) and was transferred to a 2nd level of representative. The reply given was to wait for 6-8 weeks just to see if the money gets debited. Yes 6-8 weeks. So there is no need to panic. In case you don't receive any receipt notice AND you have tracking then you should be able to get an interim EAD after 90 days. The person in question got the chek debited within few days of the call. Good Luck.
  23. I know two cases where the Renewal was applied before another (new) application. The new applicant got the receipt and the candiate who sent for renewal has been waiting for a few days. So it is not adding up. It seems they do some background check everytime you renew. Why it should take this much time is not clear.
  24. How did you send it? Express Mail / Certified / Return Receipt / Signature Confirmation / FEDEX / USPS? Go to the tracking page, take a print out of it. Keep calling the USCIS and keep track of when you called (date + time). If nothing happens in 30 days take an INFOPASS appointment and see if they can search based on A# etc. Check if your account had been debited. Did you check? More on this later. Good Luck.
  25. I know this is a delayed reply. But still posting since it might benefit future applicants. --- Travelling outside of USA with current AP , while your renewal AP application is pending, will invalidate the renewal. You will still be able to return to USA based on the validity of your current AP. If you travel while your AP is pending, your application will be considered abandoned. This is something which Combo card holders would need to possibly think of. You don't want your EAD to be delayed. It is not clear how such a scenario will be handled.