chad_randal,
If your I-485 is denied....the most likely reason is that you didn't respond to the RFE at all....or the adjudicator may have realized that you had status violations for more than 180+ days or so
>>>
The EVL RFE is very difficult to deny for USCIS.....unless the employer goes...
Filing AC21 is only a precaution.......not required by law......most commonly filed only for employers who threaten with I-140 revocation....
>>>>
Check out these...
AC21 Policy Memoranda at USCIS
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf...
Yep, they need the 1974 Privacy Authorization Form filled before they can request FBI/USCIS to look into you case status.....It's routine....when you contact congressman/senator....Primarily, you are authorizing them to look into your case (otherwise it would be data privacy violation)...
You...
Well, all your questions are answered by USCIS in these FAQs....or most of them...if not all...
AC21 Policy Memoranda at USCIS
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf...
Well, India travel - go ahead....if you want to....
Well, tons of people got their I-485 approved while being in a foreign country (like India)....as long as your AP is valid just come back on AP.....
Your lawyer is bullshitting.....there is really not much.....difference, if you are here...
If your employer revokes your I-140 within the first 6 months of I-485 filing.....then you may have to restart your entrie GC process.....Since your I-140 is approved, you may be able to keep the Priority Date....
If your employer does not revoke your I-140 within the first 6 months of I-485...
The AP belongs to you - as a benefit of being an I-485 applicant.....
It's yours and you can use it, even if you switch to employer B.....
assuming you switched to employer B and still kept your I-485 active using the AC21 portability law provisions - thereby making your approved I-140 from...
Dude......U are in some dream world....
I-485 belongs to you and you alone....and is really filed by you (in true sense)....You just need 1 letter from your employer - an EVL (Employment Verification Letter) document from your employer - to file your petition to adjust status (I485)....that's...
The real key question is - will your employer revoke your I-140, before 180 days from 485 receipt? If the answer is yes - you may have to restart your GC process
If the answer is no, you may be able to escape, using AC21 same/similar job clause, if there is no RFE on your pending I-485 in the...
If your kid's 485 has been approved....You can file a G-731 for status inquiry on the permanent resident card....
Or one can open a Service Request with USCIS to check on the status...
The I-140 belongs to employer.....and he can revoke it anytime.....
while your I-485 is pending....Even when your I-485 is approved....say 1 month after I-485 approval....he can still revoke it...
If 6 months clocks from 485 RD has passed - then your approved I-140 gets wings.....and goes...
Is there any correlation between EAD renewal and FBI name check stuck status ?
>>> Nope...
Renewing EAD no trouble.....If you use AC21 - the only harm is the usual -
probably if your employer revokes your I-140....then you may possibly get a NOID (Notice of Intent to Deny) for your...
But, one thing that USCIS does mention is that with EB2 labor - one can file I-140 under EB3 or EB2 and get approval.....One has the choice of dowgrading or keeping the category....at the I-140 stage...
Roughly, it should take 3 weeks to 1 months for USCIS to approved the case or issue RFE etc...
But, when it comes to USCIS - it's anybody's luck....I have seen cases wherein it one guy - got his namecheck cleared in Dec and got 485 approval in April.....so....USCIS may take it's own sweet...
Check the minimum requirement under the Certified labor copy or the I-140 approval notice....both of them might be in EB2.....
One of my friends, thought he applied in EB3....when he checked with his lawyer...they told him it was indeed EB2 all along....
Well, I never heard of informing CIS that you are working for the same employer B - who filed for your GC....
Most folks inform USCIS about switching to new employer C - after 180 days of I-485 filing...
PINOYinLA,
Are you and your lawyer really DUMB?
I thought most of the illegals here in USA - do not apply I-485 because they will get rejected....hence, they have been waiting for some relief from Congress (e.g 245i etc) to become legal and apply I-485 etc.... If all the illegals are...
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