Urgent help about 485
- Thread starter Help2
- Start date
Ref: Help2
Yes. You can continue your I-485.
And with the present trend of processing, I am postive that INS will not look into your case for atleast 180 days and you can make use of AC21 law and get your green card.
But the most important thing for you is to look for a similar job with the same salary range as mentioned in Labor condition and continue in the same job till your I485 is approved.
I don't know how much time you have on your H1 , to be safe side you should apply EAD/AP asap as it will definately be of added advantage to you and if you are married then it will help your spouse to get jobs using EAD.
Hope this helps and good luck.
Needhelp1
Yes. You can continue your I-485.
And with the present trend of processing, I am postive that INS will not look into your case for atleast 180 days and you can make use of AC21 law and get your green card.
But the most important thing for you is to look for a similar job with the same salary range as mentioned in Labor condition and continue in the same job till your I485 is approved.
I don't know how much time you have on your H1 , to be safe side you should apply EAD/AP asap as it will definately be of added advantage to you and if you are married then it will help your spouse to get jobs using EAD.
Hope this helps and good luck.
Needhelp1
but how about I-140 cancellation
I have doubt about I-140 cancellation , My employer is saying that they need to notify INS about I-140 cancellation and they don't any obligations put on them by INS.
My question Is it necessary for Employter to inform about I-140 cancellation , Is there any rule mentioned by INS and also Is there any time period within which company needs to notify INS to revoke I-140.
Thanks !
Help2
I have doubt about I-140 cancellation , My employer is saying that they need to notify INS about I-140 cancellation and they don't any obligations put on them by INS.
My question Is it necessary for Employter to inform about I-140 cancellation , Is there any rule mentioned by INS and also Is there any time period within which company needs to notify INS to revoke I-140.
Thanks !
Help2
I have doubt about I-140 cancellation, My employer is saying that they need to notify INS about I-140 cancellation and they don't any obligations put on them by INS.
--They don’t NEED TO NOTYFY, no INS rule that they MUST notify INS if the employer says ask him about the Rule or Law
My question Is it necessary for Employer to inform about I-140 cancellation,
-- NO, but if they want they can inform
Is there any rule mentioned by INS
-- NO
and also Is there any time period within which company needs to notify INS to revoke I-140.
-- They can notify INS any time to revoke the I-140 but if your I-485 is pending for more than 180 days and you use AC21 and then your I-140 will not be revoked , you dont know when they are going to send letter to INs and when INS is going to act upon the request of your Employer, try to make him understand not to revoke I-140
Your Employer is trying to scare you( or may be expecting some money), if you wish you can also bluff that if they revoke I-140 then for any future Employees LC and I-140 will not be Approved for that Company because they wasted the time of DOL and INS and in reality they don’t have future jobs so they will not approve any I-140 for that company because company is requesting to revoke the approved I-140 it means that company has no future jobs and has no financial ability to pay
And tell him that INS has many cases pending and backlogged they don’t have time to approve the backlog and you are going to give them extra work of cancellation, that is the reason you should not send the I-140 revocation and tell him that it will be automatically revoked after 180 days if you do not inform
If Employer bluffs, you should also give him some dose and who knows it may work and he may not send letter for revocation of I-140
Try to get copy of your approved LC from Employer or Lawyer and copy of approved I-140 or receipt of I-485 filling
And immediately file for EAD, AP and find the job in similar occupation
Good Luck!!
--They don’t NEED TO NOTYFY, no INS rule that they MUST notify INS if the employer says ask him about the Rule or Law
My question Is it necessary for Employer to inform about I-140 cancellation,
-- NO, but if they want they can inform
Is there any rule mentioned by INS
-- NO
and also Is there any time period within which company needs to notify INS to revoke I-140.
-- They can notify INS any time to revoke the I-140 but if your I-485 is pending for more than 180 days and you use AC21 and then your I-140 will not be revoked , you dont know when they are going to send letter to INs and when INS is going to act upon the request of your Employer, try to make him understand not to revoke I-140
Your Employer is trying to scare you( or may be expecting some money), if you wish you can also bluff that if they revoke I-140 then for any future Employees LC and I-140 will not be Approved for that Company because they wasted the time of DOL and INS and in reality they don’t have future jobs so they will not approve any I-140 for that company because company is requesting to revoke the approved I-140 it means that company has no future jobs and has no financial ability to pay
And tell him that INS has many cases pending and backlogged they don’t have time to approve the backlog and you are going to give them extra work of cancellation, that is the reason you should not send the I-140 revocation and tell him that it will be automatically revoked after 180 days if you do not inform
If Employer bluffs, you should also give him some dose and who knows it may work and he may not send letter for revocation of I-140
Try to get copy of your approved LC from Employer or Lawyer and copy of approved I-140 or receipt of I-485 filling
And immediately file for EAD, AP and find the job in similar occupation
Good Luck!!
Last edited by a moderator:
You need the I-1485 receipt if you want to file for EAD or AP
Fill up the EAD form attach I-485 reciept Copy send 2 photograps, Pay the Fees
for more info visit www.immihelp.com and seach for EAD
Fill up the EAD form attach I-485 reciept Copy send 2 photograps, Pay the Fees
for more info visit www.immihelp.com and seach for EAD
gcinfo1971
Registered Users (C)
Question...
In Help2 case would he be able to use EAD even if he has till six months??. I would guess one should be able to use EAD only after six months in case of job change for AC21 to be applicable. Is that right??
In Help2 case would he be able to use EAD even if he has till six months??. I would guess one should be able to use EAD only after six months in case of job change for AC21 to be applicable. Is that right??
who told you that EAD can only be used after 6 months?
once you recieve EAD Card , same day or next day you can use it
to use AC21 only your I-485 should not be approved in 180 days and I am sure in the present conditions INS is not going to approve in 180 days.
regarding AC21 still final regulations are not published, lawyers try to go by "INS June AC21 MEMO"
once you recieve EAD Card , same day or next day you can use it
to use AC21 only your I-485 should not be approved in 180 days and I am sure in the present conditions INS is not going to approve in 180 days.
regarding AC21 still final regulations are not published, lawyers try to go by "INS June AC21 MEMO"
gcinfo1971
Registered Users (C)
My question is regarding using EAD and changing jobs before 180 days. Even I-485 is not processed with in 180 days, you can't use benefits of AC21 before 180 days. Thats what I would guess. So I would think - one should use H1 or some other Work Visa to work for another company. And after 180 days- using AC21 one should be able to use EAD ( to officially change jobs).
help about EAD filing
Friends ,
I need to file EAD based on pedning 485 , but my I-94 card is expired now .Is this something that's going to put me in trouble also when my 485 was filed my I-140 was pending now it's approved but my company is saying that they are going to withdarw my I-140 , i don't have approved I-140 copy with me ..
(1.)Do i need to file Approved I-140 copy with my EAD application
(2.) What about my expired I-94 card .
Please help
Help2
Friends ,
I need to file EAD based on pedning 485 , but my I-94 card is expired now .Is this something that's going to put me in trouble also when my 485 was filed my I-140 was pending now it's approved but my company is saying that they are going to withdarw my I-140 , i don't have approved I-140 copy with me ..
(1.)Do i need to file Approved I-140 copy with my EAD application
(2.) What about my expired I-94 card .
Please help
Help2
Ref: Help2
Help2,
When did you apply your I140 ? And did you do concurrent filling of I-140/I-485?
If I-140 / I-485 are filled before 180 days from now then you are fine even if your employer requests INS to revoke your I140. Even if your employer requests INS to revoke I-140, it will definately take more than 3 to 6 months for them to actually act on your case. So don't worry about it.
You should talk to your lawyer and ask him to file for your EAD asap. I think you should be fine because you had a valid I94 when you have filled for I-485.
I am not so sure what additional documents in addition to receipt of I-485 are actually required for filling EAD in your case, the best person to help is your lawyer and since you are his client, he is obligated to help you in this regard.
Hope this helps.
Needhelp1
Help2,
When did you apply your I140 ? And did you do concurrent filling of I-140/I-485?
If I-140 / I-485 are filled before 180 days from now then you are fine even if your employer requests INS to revoke your I140. Even if your employer requests INS to revoke I-140, it will definately take more than 3 to 6 months for them to actually act on your case. So don't worry about it.
You should talk to your lawyer and ask him to file for your EAD asap. I think you should be fine because you had a valid I94 when you have filled for I-485.
I am not so sure what additional documents in addition to receipt of I-485 are actually required for filling EAD in your case, the best person to help is your lawyer and since you are his client, he is obligated to help you in this regard.
Hope this helps.
Needhelp1
Help2
First, you need to get a copy of I-140 approval and I-485 case receipt under any circustnaces. Then see if the notice date on the I-485 receipt is before the expiration date of your I-94. If it is, then you are safe.
Coming to I-140 reporting, companies are under no obligation to report to INS, like they do with H1's. If they are reporting I-140 withdrawal, it is only voluntarily.
Coming to EAD, you always have a choise of asking your lawyer to file for EAD and AP using the I-485 case receipt and I-140 approval. EAD is a benefit granted by INS to all I-485 filers.
Now there is some problem here. Some lawyers suckup with the companies (hoping for future cases) and refuse to file EAD's without company approvals though you are legally eligible. If your lawyer is that kind of person who looks to the company for everything, then it could be trouble with not your status but work permit.
First, you need to get a copy of I-140 approval and I-485 case receipt under any circustnaces. Then see if the notice date on the I-485 receipt is before the expiration date of your I-94. If it is, then you are safe.
Coming to I-140 reporting, companies are under no obligation to report to INS, like they do with H1's. If they are reporting I-140 withdrawal, it is only voluntarily.
Coming to EAD, you always have a choise of asking your lawyer to file for EAD and AP using the I-485 case receipt and I-140 approval. EAD is a benefit granted by INS to all I-485 filers.
Now there is some problem here. Some lawyers suckup with the companies (hoping for future cases) and refuse to file EAD's without company approvals though you are legally eligible. If your lawyer is that kind of person who looks to the company for everything, then it could be trouble with not your status but work permit.
Suggestion..
Help2,
If your lawyer is not of much help to you then you should seriously think of hiring a new attorney because he/she will only work in your interest and will reply to any RFE if asked by INS in future, will help you to take the AC21 portability and will draft the new employer letter/intent change letter looking at the old LC copy to match the skills and AC21 letter for AOS with new employer.
I-485 is your petition and I hope you singed G28 form that your old lawyer represent you all the communication will go to new lawyer, when you hire your Lawyer send new form G28 so that your lawyer takes over from old lawyer.
Goodluck to you.
Needhelp1
Help2,
If your lawyer is not of much help to you then you should seriously think of hiring a new attorney because he/she will only work in your interest and will reply to any RFE if asked by INS in future, will help you to take the AC21 portability and will draft the new employer letter/intent change letter looking at the old LC copy to match the skills and AC21 letter for AOS with new employer.
I-485 is your petition and I hope you singed G28 form that your old lawyer represent you all the communication will go to new lawyer, when you hire your Lawyer send new form G28 so that your lawyer takes over from old lawyer.
Goodluck to you.
Needhelp1
ram kishan
New Member
Does the G28 need to be filed by the employee or the lawyer to the old lawyer ? Is G28 a document sent to the INS or is it just for the lawyer. I am curious about this since I want to know if INS will directly communicate with the new lawyer ?
G28 is a form that will be signed by you and your new Lawyer will give you to sign it, it simply means that the lawyer represent you now and not the old company lawyer, lawyer will send you 2-3 copies of G28 to be signed by you and he/she will keep one copy with him/her and other copy will be sent by lawyer to INS writing your case # or A# or your I-485 receipt # that he/she represents you and any commutation from INS related to your case should be informed to him/her, once INS receives the G28 from your new lawyer they will keep that G28 on top of your file .
talk to lwayer he/she will make you understand if you have more questions for G28
talk to lwayer he/she will make you understand if you have more questions for G28
wonderfull
Registered Users (C)
Attorney reco in So Bay Area
I am looking for an attorney to assist during possible AOS RFE submission/interview.
Ms. Murthy and Mr. Khanna will be of help for RFEs but do they have staff in Bay Area to attend an INS interview?
I have found the FDBL attorneys to be short on facts and long on fees.
I am looking for an attorney to assist during possible AOS RFE submission/interview.
Ms. Murthy and Mr. Khanna will be of help for RFEs but do they have staff in Bay Area to attend an INS interview?
I have found the FDBL attorneys to be short on facts and long on fees.