I140 RFE, EAD & AP still on hold....

unitednations said:
The issue you are running into is common for privately held companies. They do not like to give out financial information to anyone outside the company. If you are using a company lawyer he/she can tell them that 140 application is theirs and you will never see it. However, if you are getting paid proferred wage from priority date of labor then uscis doesn't have much choice but to approve your application.

Has your company sponsored anyone else for greencard? If they did what information did they give to uscis? If you're not sure, there is another post I did on this thread which links to department of labor and you can see if your company has filed for anyone else's greencard.
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UN,
Thanks for your soothing response. You seems to know a lot. I did look into the LC link you provided sometime ago. It seems like i'm the only one on that list from my company. Also, i really hope my application will go through without any problems. However, i do need clarification on a couple of things. 1. Based on your response, it seems that if my pay is above the prevailing wage, there is nothing to worry about. So am i right to assume that USCIS requires financial documentation (i.e. ability to pay) only on cases where the applicant's salary is below the prevailing wage?

2. Is there a site to check for prevailing wages? Is prevailing wage adjusted every year or is it based on the figure when LC was applied?

Thanks. for all of you out there who has the answers, please feel free to comments. Thanks for your help unitednations!
 
curious george,
My AP and EAD got approved 9 days before my TN expired....I got the actual EAD card 3 days before expiration. whu........So, yup, I can continue to work, no need to take no-paid leave.....what a nightmare.....
Thanks for everyone's support here!

UN,
do you mean the 3rd copy of AD was mailed to the attroney? I don't care how many copies I received as long as I can travel.....
 
Chongyip,
I'm glad everything worked out in the end. I've been reading your case closely since I also applied for I-140 from a TN also. I never needed to apply for H1B. I'm still waiting for my I-485 to get approved. (see my sig for dates)

At least now that you got your EAD and AP, there is no need to apply for an H1B. You will be fine the rest of the way through the I-485 process. Now its just a waiting game, just keep renewing your EAD/AP every year about 6 months before they expire to ensure that you always have permission to work/travel.

Let this be a lesson for anyone else reading this when applying for I-140/I-485 from TN status: Make sure your TN is freshly renewed (good for a whole year) at the time when you file for the I-140/I-485 to be sure you have enough time to get the EAD.

UN,
You sure do know a lot about the US immigration laws. Good to have all you fellow Canadians on this forum.
 
I concurrently filed my 140 and 485, and got a FP notice in March. I got my finger print taken in early April -- 3 weeks ahead of my scheduled date. However, when I checked my 485 status I saw the mentioning of FP notice but nothing about whether BCIS has received the results from FBI. I have quoted the message below. I am just wondering if they have received the result should that be reflected in their message? Thanks

"On March 25, 2004, we mailed a notice requesting that you appear for fingerprint recording. The notice also gave the times and location where this processing could be done. If 14 days have passed and you have not received this notice, you may wish to verify or update your address. To update your address, please call the National Customer Service Center at (800) 375-5283."
 
FBI contact number

Can someone let me know the FBI number to know whether name check has been completed or not.

My I485 status says - review of finger prints have been received and processing has started ..blah...blah

I think, review of finger print and name check are 2 different things. Is it?

I140/I485 - ND 02/27/2004, Approval waiting.......
EAD/AP - ND 02/27/2004, AD 04/12/2004
FP done - 04/22/2004
 
"The result of the FP review has returned, we will resume the process of your case"...... something like this.
 
UN,
Thank you for your reassurance. I'm not worry, in fact I planned my trip back to Toronto already.
I have the same thoughts as you are - don't really want US citizenship but want greencard for more options regarding jobs and education opportunity for future kids.

Curious George,
Hope your case will get approved soon! I'm still waiting to get 140 approval before I'm "safe". Waiting waiting waiting....
 
UN,
I needed to get the green card process going to let my wife work in the US on an EAD. She was only eligible for a TD. I agree with the tax issue, but I guess its just one of those things that goes along with having permission to live more freely in the US. Here in Florida, without a green card I cannot file for Homestead exemption on my property tax. This means 2 things: I'm not eligible for the $25,000 reduction in the taxable property value of my home, and it also means that I am not eligible for the "Save Our home Value" law. This law limits the increase of the taxable value of a home to a max of 3% per year. Since I am not eligible, until I get my green card, the county can increase my taxable home value by the rate at which home values increased in my area. Typical Florida rates are between 12% and 16% per year, depending on the area. That adds up REALLY fast. The green card suddenly is worth lots of money to me, not just the permission to live and work in The States.

Chongyip,
Once your I-140 is approved, you'll be "over the hump". At least that's how I felt when the I-140 was approved. The rest (in a nutshell) is basically the process of checking if you didn't commit any crimes, and that you don't have any unwanted diseases. Hopefully by then the backlog on the I-485 will be reduced a bit more and you won't have to wait as long as I did. You're in the California service center, so at least its not as bad a wait as the Texas Service center was for me with the I-485.
 
Hi UN, you mentioned this in one of your posts

"Portability; this is the million dollar issue right now. Safe bet is to wait for 140 to get approved before switching jobs. However, immigrant community is waiting for guidance from uscis within the next couple of months of how conccurrent adjudication is affecting ac21."

How do you know that uscis is issuing guidance in the next one to two months?

Thanks,
 
To unitednations

Hey man,

I have a question for you. If I-140 is denied for some silly reason, and the I-140 is appealed to AAO, would this pose problems for EAD renewal?

I have been hearing that CIS keeps EAD on hold, untill the later date they decide upon it. If I happen to apply 6 months in advance for EAD renewal, wont I have enough time if there RFE or denial? Even if I wont have got the physical EAD, can I not go to local CIS center and get it stamped.
 
To unitednations

unitednations said:
Yes, it would pose problem for EAD renewal (they won't renew it). Once, 140 gets denied EAD/AP,485 get denied also. If you appeal (there is no guidance whether EAD/AP are still good, my mind they are because if that was your only work authorization and they were no good you would be out of status and get kicked out of the country if you didn't have any other valid visa).

Sure, if you apply six months in advance, you could beat the 140 denial/rfe. However, there is still the question which hasn't been address of whether EAD is still good if 140/485 have been denied but appealed.
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Check this out -
http://www.twmlaw.com/resources/nonimmigrant/buyingtime.html

Look in the section "The Appeal of an Appeal".

.....Under a heading “INS Regulations Should Be Amended to State Explicitly That a Decision That is Appealable to the AAU Is Not Final Until the Right to Appeal Is Waived, or the Appeal or Certification Is Decided,” the General Counsel said that, “as long as a decision may be reversed on direct appeal or certification, the merits of the matter have not been finally determined and, therefore, the decision should not be acted upon as if it were final.”

That position is recognized elsewhere in INS regulations and procedures. For example, the standard language the INS uses in its denial notices states the following: “If you wish to file an appeal from this decision, you may do so. Your notice of appeal must be filed within 30 days from the date of this notice, 33 days if this notice was received by mail. If no appeal is filed within the time allowed, this decision is final.” This means that if an appeal is filed, the decision is not final. Moreover, adjustment applicants who file for employment authorization are entitled to renew their applications in one-year increments “including any period when an administrative appeal . . . is pending.” .....

This article is from a lawyer. What are your thoughts?
 
UN,
This happened to LongGC on the TSC I-485 forum. He changed jobs to company B from the company that originally filed his I-140 (lets call it company A). Company A then revoked the I-140, which caused the I-485 to become denied. He was on an EAD at time of course since he changed jobs, and the EAD/AP automatically became invalid.

He filed a motion to reopen for his I-485. The grounds were that a new guideline had come out to the USCIS in a memo that stated that even if an I-140 is revoked, the I-485 cannot be denied on that fact alone, if the I-485 has been pending for more than 180 days.

After he filed the appeal, his EAD/AP became valid again.

Look up his posts. Very unique case.

http://www.immigrationportal.com/showpost.php?p=822296&postcount=67
 
curiousGeorge said:
UN,
This happened to LongGC on the TSC I-485 forum. He changed jobs to company B from the company that originally filed his I-140 (lets call it company A). Company A then revoked the I-140, which caused the I-485 to become denied. He was on an EAD at time of course since he changed jobs, and the EAD/AP automatically became invalid.

He filed a motion to reopen for his I-485. The grounds were that a new guideline had come out to the USCIS in a memo that stated that even if an I-140 is revoked, the I-485 cannot be denied on that fact alone, if the I-485 has been pending for more than 180 days.

After he filed the appeal, his EAD/AP became valid again.

Look up his posts. Very unique case.

http://www.immigrationportal.com/showpost.php?p=822296&postcount=67
Click to expand...

Thanks George. So what did your friend do to make EAD valid? Is there any procedure? Also, do you know many days it would take to get validity?
 
If an employee with H-1 gets laid off or fired, how long does he have before he needs to leave the country? Thanks.
 
Unitednations,
I filed for my EAD back in May. Info is as below:

RD: 4/29/04
ND: 5/4/04

The case status for my EAD says " Your I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION was received on May 5, 2004. We mailed you a receipt with information about processing. It is taking between 60 and 75 days for us to process this kind of case. We will mail you a decision as soon as processing is complete."

It's been well over 90 days now and i have my iEAD last week. Is it normal for the process to take this long? Also, i was checking on the TSC processing time and it says they are processing applications for June 2004. What is the best thing to do now? Make calls or just wait? Thanks.
 
Unitednations,
Forgot to mention this:

I140/485 filed concurrently on same day as EAD (5/4/04).

PLease advise.
 
UN,
Thanks for the advise. Sorry for not making this clear. My issues was with my application. However, the issues about employer firing H1 was related to a friend of mine. A friend of mine got fired last week and i was trying my best to help him in all possible way, and i thought of you...hence the question. However, from your last post, i'm not sure if i understand you correctly, but did you mean:

1. with H-1, if I140/485 were filed and i got fired, then i have 6 months to leave the country.

2. but if I140/485 were not filed, then i have 10 days to leave the country?

Also, good to know that there is no hold on my I140 application! Whew! Only thing to do now is to wait! Thanks, UN.
 
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