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Aos Filing Discussion

Discussion in 'General discussion about executive action' started by djayash, Sep 10, 2015.

  1. djayash

    djayash Guru

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    Hi Ron,

    I made the cut to be able to file for AOS in October with my EB2 I PD of Mar 26, 2010. Wanted to get some understanding on my current situation

    • I currently work for my sponsoring employer and am in the last few days of contract with my client. I do not have any other opportunity lined up yet. I am looking to convert to H4. Does that impact my eligibility to obtain EAD/AP in any way via filing next month? Should I be working on the date of filing?
    • After 180 days upon I1485 receipt date, I assume I can use AC21 and invoke I140 portability. Should I have been working for the sponsoring employer in all of these 180 days and can I be on H4 without a job as well?
    • I was wondering how I can let USCIS know that I am in a same or similar occupation. Would I need my new employer to give me a offer letter with the job duties similar to my PERM? or something altogether different?
    • Do I need to use a lawyer for AC21 portability?
    Thanks and hopefully you will be able to help me with this. I do not have a lawyer nor am I represented by one at this moment.

    Thanks.
     
  2. cuckoo

    cuckoo Super Moderator

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  3. mar212011

    mar212011 Well Regarded Member

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    Btw , another question what is the risk of using a different attorney for filing 485, than employers attorney who did 140? Thanks in advance
     
  4. specifione

    specifione Junior Member

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    Thanks Cuckoo and Kamakazee for creating seperating thread for AOS discusisons..

    I have approved I140 (Sep 2010) from previous employer and pending I140 (Filing Date Feb 10,2015) from current employer both are in EB2 and current employer informed that they are porting date..For my wife we applied Opt to H4 COS+EAD on July 1st (Which is still pending, her OPT valid till Nov 21)

    Iam waiting for my employer response regarding premium processing upgrade for I140 or concurrent filing. I got audit (as per employer its random audit where i signed affidavit saying i didnt pay for it) for my labor.

    1) can i file AOS for my wife while her h4ead is pending (iam planning to invoke AC21 after april so thinking its better to do AOS for both if i lose my H1B status)
    2) Shall i go for concurrent filing or push them for premium processing ?

    what are other options available for me apart from above?

    Thanks in advance..
     
  5. SushilS

    SushilS Guru

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    Same question I have, I am trying to use Gotcherlaw as my preference but my employer says you have to wait for 60 days since you filed I140 with some other law firm, Ron please clarify?
     
  6. cross

    cross Junior Member

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  7. Shane

    Shane Junior Member

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    Does Biometric for I485 meant for EAD/AP document ?

    Which one comes first Biometric appointment and/or EAD/AP?

    Please guide me
    Shane
     
  8. anugc

    anugc Guru

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    Can someone please let me know what they think. I have me and my spouse I 485 pending based on my 2006 EB3 PD since 2007. Both are on EAD AP and don't have H1s. With latest VB date his PD EB2 May 2010 has become current. Can we file a new I 485 again, will it lead to complications? Can I interfile his case with mine. We already have EAD APs till next year and also submitted medicals based on RFE on my case recently. Ron can you chime in if possible? Thanks
     
  9. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You may use anyone you want. Your I-485 belongs to you. Find someone you are comfortable with and use them. Also, you don't have to wait. My recommendation for everyone is to file as early in October as possible.
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Presently, the USCIS position is that you may file an I-485 without medical results. The regulations, however, require them as initial evidence. If the USCIS decides to change their policy, they will reject filings without medicals. As is usually the case, this will be retroactive. To me, this is too important to take a chance.
     
  11. Ron Gotcher

    Ron Gotcher Attorney at Law

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    There is only one biometric appointment if you file all of the forms together.
     
  12. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Don't refile. I think you are confusing acceptance date with approval date. When the approval date reaches your PD, you can start pushing them to approve your pending application.
     
  13. Shane

    Shane Junior Member

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    Thanks for the info Ron.
    Also is there a way you can reschedule/early walk-in it if you had planned vacation already?
    If yes, then how to reschedule?

    Thanks
    Shane
     
  14. mar212011

    mar212011 Well Regarded Member

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    Hello Ron, i have sent an email to info at imminfo , havent heard back, please let me know
     
  15. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes you can. Call them.
     
  16. djayash

    djayash Guru

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    Same here...Need to know the fee structure and other details to decide - Ron or my current lawyer
     
  17. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Wrong email address. In this case, send inquiries to aosATgotcherlawDOTcom.
     
  18. djayash

    djayash Guru

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    Sent again..Thanks..
     
  19. SushilS

    SushilS Guru

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    Can someone please confirm the medical for EB2 is based on I693 specification for I485 AOS?
     
  20. green_app

    green_app Senior Member

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    Query on FEMA flood assistance on H1B status and filing I485 now

    Hello Ron
    I would like to know the effect of FEMA assistance received in past due to flood while on H1B.
    Should we return the assistance before filing I485.
    What should be selected as y/s in I485 form for public assistance question

    I would appreciate your or any other experienced member thought on this. I had rental assistance in 2010 and now eligible to file AoS
     

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