shana04
01-26 11:31 AM
I am planning to move to different residence. My 485 application is currently pending.
Has anyone successfully filed change of address form? and have their EAD or other documents deliever to their new address correctly. Reason I am asking my friend changed his residence while his 485 pending and all his document would still come to my address (his old address). He made numerous request to USCIS and files for AR11 etc. His all documents EAD.. even Green card also came back to my address(His old adress). At least he was lucky that I was still staying over there.
Any thoughts much appreciated.
I have changed twice since I filed my 485 and getting all my documents to the new address.
1. first fill in AR-11
2. then the system will ask if there are any other related pending cases, then you need to specify one after other pending cases. Make sure to take the screen shots for all your confirmations right from AR11. In case you need it.
3. If you call customer service they are not helpful in this regard. But if there is any major problem ( I mean your FP not done or any document which you need to receive have not received yet) then you reach level II customer service IO then they can verify your address.
So far I did not had any problem with two times address change.
But make sure to update your state ID, so that in case you go for infopass, you have updated ID.
Hope this information is helpful. And I did every thing online.
Good luck
Has anyone successfully filed change of address form? and have their EAD or other documents deliever to their new address correctly. Reason I am asking my friend changed his residence while his 485 pending and all his document would still come to my address (his old address). He made numerous request to USCIS and files for AR11 etc. His all documents EAD.. even Green card also came back to my address(His old adress). At least he was lucky that I was still staying over there.
Any thoughts much appreciated.
I have changed twice since I filed my 485 and getting all my documents to the new address.
1. first fill in AR-11
2. then the system will ask if there are any other related pending cases, then you need to specify one after other pending cases. Make sure to take the screen shots for all your confirmations right from AR11. In case you need it.
3. If you call customer service they are not helpful in this regard. But if there is any major problem ( I mean your FP not done or any document which you need to receive have not received yet) then you reach level II customer service IO then they can verify your address.
So far I did not had any problem with two times address change.
But make sure to update your state ID, so that in case you go for infopass, you have updated ID.
Hope this information is helpful. And I did every thing online.
Good luck
hpandey
06-25 01:27 PM
you can try to contact the australian consulate to replace your passport. they should be able to pull your information. but in any case, even though you entered legally, you overstayed for more than three years before marrying a citizen. therefore, from the time your visa expired, you are in illegal status, and i am not sure you can adjust your status by staying inside the US. I think your best option might be to return to your country of citizenship and have your spouse apply for a green card.
He came to US in 1994 and most probably visa expired in 1995. He married his spouse in 2006 - that is 11 years of illegal stay .. You are correct though that the best option would be to go back and apply through the home country .
I have an office colleague though whose case might be similar. He came to the US in 1989 illegally - he married his wife who is a US citizen in early 2004 I believe and applied for a GC through her and this year his GC was approved. I guess you really need a good immigration lawyer since I can see that this is a real possibility from the example in front of me.
He came to US in 1994 and most probably visa expired in 1995. He married his spouse in 2006 - that is 11 years of illegal stay .. You are correct though that the best option would be to go back and apply through the home country .
I have an office colleague though whose case might be similar. He came to the US in 1989 illegally - he married his wife who is a US citizen in early 2004 I believe and applied for a GC through her and this year his GC was approved. I guess you really need a good immigration lawyer since I can see that this is a real possibility from the example in front of me.
GCanyMinute
09-10 08:42 AM
I think you can port your PD, even if the employer revokes I-140 and uses the underlying labor to someone else. Even then you retain your PD. Just wanted to correct.
See this Q&A from Mathew Oh:
# Q8(07-30-06): I and my wife are Indins. I am a software engineer and my wife is a M.D. I started a EB-3 labor certification through an Indian IT consulting company in Texas on March 2, 2001. Both of us are in H-1B status. We filed concurrent I-140 petition and I-485 application. in April 2005. However, the employer was angry at me for my intent to work with another employer and withdrew my approved I-140 petition. Based on the withdrawal, the Texas Service Center revoked my I-140 and denied our pending I-485 applications. My MD wife started a EB-2 labor certification in September 2005 which was approved in November 2005. I am still within H-1B six year limit and my wife also maintains her own H-1B. EB-2 visa number has been retrogressed from October 2005 and from day after tomorrow, EB-2 number will be completely unavailable. We are so frustrated. We have two children born in the U.S. Her medical practice has been working well and she is really looking foward to her medical career in the U.S. I understand that the priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved. I do not see why my wife can not use this priority date of March 2, 2001 and we file I-485 applications again. What do you think, sir?
A. It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date. Accordingly, if you start a PERM application now and quickly obtain a EB-3 I-140 petition based on the approved PERM, you may be able to file I-485 applications again soon as the USCIS is poised to launch the Premium Processing Services of EB-3 I-140 petitions next month. However, the priority date is not transferrable to your MD spouse and you cannot file I-485 application as a derivative beneficiary of your wife's EB-2 petition based on your priority date. The PERM labor certification nowadays takes a little bit longer, but it is do-able in a fairly limited period of time. Unfortunately, in your case, you cannot extend H-1B beyond six years as one-year increment extension is not available because your I-485 denial became "final." Once denial of labor certification or I-140 or I-485 becomes final, your cannot apply for the H-1B extension beyond six year limit in one-year increment. You cannot apply for H-1B extension in three-year increment because your I-140 petition has been revoked and there is no longer adjustment of status proceeding pending for you and your family. Besides, the Indian EB-3 visa number is availalbe and when you are not suffering from the visa retrogression, you cannot apply for the three-year increment H-1B petition using the AC-21 Act. It appears that your new employer should run fast to develop and file a PERM application. For your purpose, you do not have to be bothered by the issue of EB-2 or EB-3 as the visa number is available for your EB-3 India. Good luck.
See this Q&A from Mathew Oh:
# Q8(07-30-06): I and my wife are Indins. I am a software engineer and my wife is a M.D. I started a EB-3 labor certification through an Indian IT consulting company in Texas on March 2, 2001. Both of us are in H-1B status. We filed concurrent I-140 petition and I-485 application. in April 2005. However, the employer was angry at me for my intent to work with another employer and withdrew my approved I-140 petition. Based on the withdrawal, the Texas Service Center revoked my I-140 and denied our pending I-485 applications. My MD wife started a EB-2 labor certification in September 2005 which was approved in November 2005. I am still within H-1B six year limit and my wife also maintains her own H-1B. EB-2 visa number has been retrogressed from October 2005 and from day after tomorrow, EB-2 number will be completely unavailable. We are so frustrated. We have two children born in the U.S. Her medical practice has been working well and she is really looking foward to her medical career in the U.S. I understand that the priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved. I do not see why my wife can not use this priority date of March 2, 2001 and we file I-485 applications again. What do you think, sir?
A. It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date. Accordingly, if you start a PERM application now and quickly obtain a EB-3 I-140 petition based on the approved PERM, you may be able to file I-485 applications again soon as the USCIS is poised to launch the Premium Processing Services of EB-3 I-140 petitions next month. However, the priority date is not transferrable to your MD spouse and you cannot file I-485 application as a derivative beneficiary of your wife's EB-2 petition based on your priority date. The PERM labor certification nowadays takes a little bit longer, but it is do-able in a fairly limited period of time. Unfortunately, in your case, you cannot extend H-1B beyond six years as one-year increment extension is not available because your I-485 denial became "final." Once denial of labor certification or I-140 or I-485 becomes final, your cannot apply for the H-1B extension beyond six year limit in one-year increment. You cannot apply for H-1B extension in three-year increment because your I-140 petition has been revoked and there is no longer adjustment of status proceeding pending for you and your family. Besides, the Indian EB-3 visa number is availalbe and when you are not suffering from the visa retrogression, you cannot apply for the three-year increment H-1B petition using the AC-21 Act. It appears that your new employer should run fast to develop and file a PERM application. For your purpose, you do not have to be bothered by the issue of EB-2 or EB-3 as the visa number is available for your EB-3 India. Good luck.
Libra
07-07 02:17 PM
Dugg 4 times..
more...
zoozee
06-11 06:52 PM
Thanks GCard_Dream to understand .
Zee.
Zee.
glus
11-06 02:34 PM
Does she have EAD? If not on H1, she needs to be in EAD. (or other status like F1 etc). Otherwise she is out of status. In that case, H1 will be denied because an H1 application while out of status will lead to denial.
She is not out of status. A person who filed I485 can not be out of status. Her status is "adjustee - AOS pending". Thanx.
She is not out of status. A person who filed I485 can not be out of status. Her status is "adjustee - AOS pending". Thanx.
more...
andy_8214
09-15 08:00 PM
Thread number 8 by Chandu......you must have filed under EB - "Too much time on my hands"
drirshad
01-18 06:51 PM
BE HEARD - Thursday, January 18, 2007
http://hammondlawgroup.blogspot.com/
AILA has suggested two ways that everyone can let their voice be heard.
1. Flood congressional inboxes and phone lines: Take 30 seconds to send our pre-scripted CIR support letter to your senators and representatives, and then forward the link to all your pro-immigrant friends. Or pick up the phone and make a personal pitch in support of CIR to congressional staff. You will find the pre-scripted letter and phone numbers for congressional offices at our Congressional Action and Information Center at: http://capwiz.com/aila2
2) Talk to your elected officials: Attend a local town hall meeting and let your senators and representatives know you support humane and comprehensive reform. You will find a Town Hall Calendar at http://www.aila.org/content/default.aspx?docid=20340, and our Town Hall Tool Kit at http://www.aila.org/content/default.aspx?docid=20175
http://hammondlawgroup.blogspot.com/
AILA has suggested two ways that everyone can let their voice be heard.
1. Flood congressional inboxes and phone lines: Take 30 seconds to send our pre-scripted CIR support letter to your senators and representatives, and then forward the link to all your pro-immigrant friends. Or pick up the phone and make a personal pitch in support of CIR to congressional staff. You will find the pre-scripted letter and phone numbers for congressional offices at our Congressional Action and Information Center at: http://capwiz.com/aila2
2) Talk to your elected officials: Attend a local town hall meeting and let your senators and representatives know you support humane and comprehensive reform. You will find a Town Hall Calendar at http://www.aila.org/content/default.aspx?docid=20340, and our Town Hall Tool Kit at http://www.aila.org/content/default.aspx?docid=20175
more...
va_labor2002
06-16 09:57 AM
why cant we set up a webfax/email for all members to be sent to CNN and FOX like the ones we setup for the senators?
Excellent idea. Please talk to the Core team.
Excellent idea. Please talk to the Core team.
amsaleem
11-07 07:42 PM
Your current employer experience has to be prior to your labor filing date (PD). You can not use the experience you got after the filing date.
more...
ajay
04-11 03:17 PM
Check this link:
http://www.germany.info/relaunch/info/consular_services/visa/transit.html
http://www.germany.info/relaunch/info/consular_services/visa/transit.html
clockwork
09-06 09:42 AM
3. Internal memo in USCIS not made public about holding visas for EB3 India etc.
Hey,
Can you explain what do you mean by holding visa for EB3 India?
Thanks -
Hey,
Can you explain what do you mean by holding visa for EB3 India?
Thanks -
more...
lskreddy
08-01 10:24 AM
Thanks for getting IV a media lead.
pls send all contact info to info at immigrationvoice.org
I sent you Matt's info.
pls send all contact info to info at immigrationvoice.org
I sent you Matt's info.
smartboy75
08-14 12:26 PM
Well...that's one thing I have never figured out....I have friends who have paper filed their EAD and they have received it too....no questions asked....they did need to send additional paperwork..like photos and passport copy.....but if you e-file you don't have to mail in photos or passport copies...but u do have to have ur biometric taken....
I guess they just want to verify ur identity....u r who u say u r.....my wierd guess...
I guess they just want to verify ur identity....u r who u say u r.....my wierd guess...
more...
gcseeker2002
07-23 08:57 AM
He is the one who says" Oops! I made a mistake" look at his screen name.. do you expect him to be right at all? :)
bush --> also voted yes .... please provide details
bush --> also voted yes .... please provide details
beppenyc
04-09 03:36 PM
Bush and the others were sure to have a bill by the end of the year 2006, did you see any bill (beside the Bill wall) ?
No, so don`t worry...nothing will happen.
No, so don`t worry...nothing will happen.
more...
MannyD
09-07 06:36 PM
Please respond so that we can get an idea of the distribution of EB cases.
You have to be logged in to participate in the poll.
Thanks to MrWaitingGC for the initiative.
You have to be logged in to participate in the poll.
Thanks to MrWaitingGC for the initiative.
dreeft
10-28 10:43 PM
Sounds complicated. I don't want to rain on your parade, but having more than one person in a freelance "business" (a business is anything that earns money) is very complicated. You have to work out tax and wages.
I'd suggest starting alone and then getting someone to help you, or share work with some else in a similar situation.
I'd suggest starting alone and then getting someone to help you, or share work with some else in a similar situation.
meridiani.planum
11-26 01:21 PM
Perhaps I am missing something. I thought you could get an extension beyond six years only if:
1. Your labor was pending for more than 360 days OR
2. Your I-140 was approved
I did not know that you could get an extension if:
Your labor was approved and your I-140 was still pending.
My understanding is that the USCIS came out with the I-140 premium processing only to address the above scenario. Perhaps someone who has dealt with this first hand can enlighthen us.
you can get an H1 extension if your LC is approved and I-140 is pending as long as the LC is>365 days. ie. for that 365 day rule LC has to be approved OR pending, its state does not matter. It just needs to be old enough.
USCIS is now doing premium processing of I-140 for people whose LC is <365 days old at the point their H1 runs out. THere is no other way than an approved I-140 for these people to get an extension.
1. Your labor was pending for more than 360 days OR
2. Your I-140 was approved
I did not know that you could get an extension if:
Your labor was approved and your I-140 was still pending.
My understanding is that the USCIS came out with the I-140 premium processing only to address the above scenario. Perhaps someone who has dealt with this first hand can enlighthen us.
you can get an H1 extension if your LC is approved and I-140 is pending as long as the LC is>365 days. ie. for that 365 day rule LC has to be approved OR pending, its state does not matter. It just needs to be old enough.
USCIS is now doing premium processing of I-140 for people whose LC is <365 days old at the point their H1 runs out. THere is no other way than an approved I-140 for these people to get an extension.
SertTurk
07-19 12:11 PM
WOW I am calling him right now...What is EAD???
Rav!
10-02 02:25 PM
Hello all,
I am in a similar situation. H1 expiring soon and still don't have an approved LCA (LCA got rejected due to FEIN error and it has been re-applied again but the attorney did not send in any additional documentation to DOL to prove that FEIN is in fact genuine).
LC and I140 have been approved...so wanted to apply for a 3 yr extension.
My Attorney is now suggesting 2 options in case we do not receive the LCA approval before the expiration of the my current H1
Option 1: To go ahead and apply for H1 extension and submit all the documentation regarding the LCA application, the reason for denial and sending in evidence for the FEIN.
As per him, USCIS should accept and approve the H1 extension. Personally I have my doubts that this will work. Attorney says that this what other attorney's are all doing. Are they really? Does any body know if the H1 was approved??
Option 2: Use a previously used LCA (one that has been used earlier this year to obtain a H1 B for Employee XYZ who holds the same position as I do AND is valid until June 2011) and apply for my H1 extension.
Can a LCA be reused? Is it a valid/legal thing to do?
Any and all help in obtaining an answer for the above questions is really appreciated.
Thanks.
I am in a similar situation. H1 expiring soon and still don't have an approved LCA (LCA got rejected due to FEIN error and it has been re-applied again but the attorney did not send in any additional documentation to DOL to prove that FEIN is in fact genuine).
LC and I140 have been approved...so wanted to apply for a 3 yr extension.
My Attorney is now suggesting 2 options in case we do not receive the LCA approval before the expiration of the my current H1
Option 1: To go ahead and apply for H1 extension and submit all the documentation regarding the LCA application, the reason for denial and sending in evidence for the FEIN.
As per him, USCIS should accept and approve the H1 extension. Personally I have my doubts that this will work. Attorney says that this what other attorney's are all doing. Are they really? Does any body know if the H1 was approved??
Option 2: Use a previously used LCA (one that has been used earlier this year to obtain a H1 B for Employee XYZ who holds the same position as I do AND is valid until June 2011) and apply for my H1 extension.
Can a LCA be reused? Is it a valid/legal thing to do?
Any and all help in obtaining an answer for the above questions is really appreciated.
Thanks.
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