1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

Aos Filing Discussion

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

  1. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    That's correct.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    Unless it happens this month, it won't matter. Your pending AOS status will supersede.
     
    R_S likes this.
  3. meshas

    meshas New Member

    Messages:
    58
    Likes Received:
    6
    Trophy Points:
    8
    hi Ron,
    My spouse is on H4 status since her last arrival (she also got her H4EAD card). Should I mention her prior H1 status (before moving back to h4 status she was on H1 for couple of months ) when filing for AOS?. I understood from the forum that , uscis will consider the legal status from the last entry.
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    You need to document her maintenance of lawful status since her last admission as a nonimmigrant. You don't have to go beyond that, but you must go at least that far back.
     
  5. meshas

    meshas New Member

    Messages:
    58
    Likes Received:
    6
    Trophy Points:
    8
  6. cuckoo

    cuckoo Super Moderator

    Messages:
    2,449
    Likes Received:
    2,396
    Trophy Points:
    213
    Not automatically. If the I 140 approval was good the h1b extension shoud not be affected. This is a highly fact specific to generalize.
     
  7. R_S

    R_S Guru

    Messages:
    1,055
    Likes Received:
    441
    Trophy Points:
    113
    Please correct me Ron and experts

    1) If before 6 months (180 days) 140 is withdrawn by emp then the entire GC process is lost but u will be entitled to keep the priority date
    2) If USCIS withdraws the 140 at any stage for fraud GC process is lost as well as the priority date
    3) If employer withdraws the 140 after 6 months (180 days) AC21 kicks in .... you might get NOID/NOIR from USCIS to reply within 30days with employment letter

    Question is there is no file or form to fill up to submit AC21, not sure if a new employment letter with letter from attorney to notify USCIS to start AC21 will surmise ?????

    @ron please reply to this thanks
     
  8. R_S

    R_S Guru

    Messages:
    1,055
    Likes Received:
    441
    Trophy Points:
    113
    if 485 is denied whats the bases of 140?, so you mean to say he/she can still apply for H1B extensions based on this 140 even after 485 is denied? i dont think so

    Only Options he/she got
    1) If he/she is on H1B and has not used all the 6ys then he can ask of extention
    2) he/she need to immediately start PERM so that they can ask for H1B extensions beyond 6yrs
    3) not sure he/she will be entitled to keep the priority dates
    4) if he/she got some other 140 they can use that to there benefit
     
    Last edited: Sep 23, 2015
  9. alpha0

    alpha0 Guru

    Messages:
    876
    Likes Received:
    981
    Trophy Points:
    93
    Is employee verification letter required at filing stage or last two pay stubs are sufficient (same employer who filed I140)?
     
  10. R_S

    R_S Guru

    Messages:
    1,055
    Likes Received:
    441
    Trophy Points:
    113
    Go back to the General thread 40 to 45 Ron already answered this, on this thread as well

    Pasting Ron's reply I hope he dont mind

    ****************************************************************

    Let's be clear about something. An employee who has a current priority date (earlier than the acceptance date), may file his or her own I-485 and does NOT need his or her company's approval or assistance. Use current paystubs to document continued employment with the company. If an RFE is issued for an EVL, it will happen more than six months after the filing date. At that point, the company will either give it to you or you can move to another company and get a letter from them.

    Ron

    James Ronald Gotcher
    Global Immigration Partners
    22775 Malibu Hills Road, Suite 150
    Calabasas Hills, CA 91301
    Tel: 818-914-6482
    Fax: 818-475-3450

    Inquiries@GotcherLaw.com
    ****************************************************************
     
    Ron Gotcher likes this.
  11. cuckoo

    cuckoo Super Moderator

    Messages:
    2,449
    Likes Received:
    2,396
    Trophy Points:
    213
    if
    if I 485 is denied based on an issue that has nothing to do with I 140? there are several such possibilities.
     
  12. kd082108

    kd082108 Guru

    Messages:
    763
    Likes Received:
    351
    Trophy Points:
    63
    Generic question. In form 485 and G325a (Me/Applicant) - I should list "Current Occupation" with my current role with the current employer correct?

    My current role with my employer is not similar to the future PERM/140/485 role. For example, My current role with is ABC and my future PERM/140/485 role is DEF with the current/same employer. Please advise!
     
  13. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    Your understanding is correct.
     
  14. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    Yes, list your current role. You need to be accurate.
     
  15. gcmatters

    gcmatters Guru

    Messages:
    700
    Likes Received:
    298
    Trophy Points:
    63
    Ron: Is there any logic/reason behind not sending EVL with the application. I was bit surprised yesterday when I heard from my lawyer that he has not requested the EVL yet from our HR(HR is more than happy to give it BTW ) and was thinking to provide it later once RFE is issued.
    I simply cannot understand the logic behind this? We are sending the entire application ,why not send one additional document with it and its not even optional. Why wait for RFE ?
     
  16. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    You have to discuss this with your lawyer.
     
  17. gcmatters

    gcmatters Guru

    Messages:
    700
    Likes Received:
    298
    Trophy Points:
    63
    I did and I am going to include the letter no matter what. But was curious to understand this peculiar thought process and thought your opinion might throw some light on the topic .
     
  18. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    I can't really comment on what other lawyers do. That is not our practice, however.
     
  19. R_S

    R_S Guru

    Messages:
    1,055
    Likes Received:
    441
    Trophy Points:
    113
    Thanks Ron
     
  20. ksrinivasan7021

    ksrinivasan7021 Junior Member

    Messages:
    187
    Likes Received:
    67
    Trophy Points:
    28
    Hi Ron,

    Question on "Place of birth" . you might be answered several times for different case but i could not come into conclusion based on those.

    My Passport has district name as My Place of Birth : "Tanjore" ( now they changed the spelling to Thanjavur )
    My Birth certificate has My Village Address My Place of Birth : "508, West Street, Thiruppalanam" (the certificate shows the District information as "Thanjavur".)

    in this case, what should i use in all my 485 and Medical forms as Place of Birth? Tanjore or Thanjavur or Thiruppalanam. i have tried several attempts to correct it but the process to change the passport or birth certificate takes looks more than a year and needs to go through court.

    Please advise.


     

Share This Page