thanks for you response.
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The family benefits are explained on the ss website but there is no clear information about how the worker will get the benefits. On further digging, I found a document which indicates that the worker must be in the US to get the benefits.
H1-H1 couple can support status of each other (H1-H4 or H4-H1)
H1-F1 couple can support each other (H1-H4 or F1-F2)
GC guy can't support status if H1 spouse lost job and became out of status
GC guy can't support status if F1 spouse becames out of status
GC guy can't bring spouse from home country
UNLESS SPOUSE/Kids goes through complete F2A visa process (several years)
It can make life of GC spouse miserable (of course GC guy also). Imagine GC-H1 marriage, H1 out of status after loss of job. After loss of status, H1 spouse has to return, but GC spouse will try to remain in USA for own status and in hope to bring spouse back after getting citizenship.
It makes no difference whether they allow concurrent filing of 140/485 or not IF YOUR EMPLOYER IS WILLING to pay extra premium processing for 140. IF not , it makes minimal difference (2-3 months delay). Earlier this year, people were getting 140 approved on 6-8 weeks average without premium fee.
If your date is not current:
This rule makes 0 difference. File 140 and wait for approval while your date moves forward. Once its current, file 485.
If your date is current: File 140, regular processing 2-3 months and then file 485. If you can get premium processing done then it would be 15 days and then file 485. Either ways, you are delay in filing 485 by 2-3 months. In the grand scheme of things, its negligible. It would take even 2 months for your lawyer to get the paperwork straight for filing 485.
So please relax, this new rule that does not allow concurrent filing of 485 and 140 is not earth-shattering. Its a revenue generation move. And its good as long as revenue stays in USCIS as they do need revenue to hire more people to process files faster, which is in our own benefit. The only problem we have is the rise in fees generates revenue which often times does not stay with USCIS and goes away to other agencies of DHS(I think, this was mentioned in CIS Ombudsman report, if I am not wrong).
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It is worth trying but from my experience over the last 3 years of contacting congressman's office....it really is not that important.....I have heard that the congressman needs to be influential et al...that's nonsense...the congressman never gets to read ur mail...it goes to an immigration person mostly a junior staff member and he does what lawyers do thru AILA to get info on the case...they can neither expedite a case nor get valuable information for you...
If USCIS changes the rule to allow people to get EAD that would help.
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if you get a refund and you refile you should not have penalty....?
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1) Employer revokes I-140 (AC21 applicable here)
2) USCIS revokes I-140 (AC21 not applicable here)
Employer revokes I-140: In this case unless the employee had filed AC21 papers, I-485 is most likely to be denied as USCIS doesn�t have any record that the beneficiary still has similar or same job offer. Hence its advisable to file AC21 well in advance in such situations.
USCIS revokes I-140: At times USCIS might revoke a previously approved I-140 if the employer fails the �Ability to pay� test for all pending GC applications. This is more dangerous as the bonafide nature of the previous I-140 approval is in question now. Refer one of my old threads below on this topic.
Such a situation can be avoided if the employer himself withdraws the I-140�s of ex-employees so that he�s no longer burdened to prove ATP for all pending GC applications.
correct and right on mark.
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you mean EAD card production ?
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or better yet... u can avoid all this adjucation crap and convert to consular processing (from ur home country) -- find out from a good lawyer to see if conversion is possible. if u r going to be out of US for 5 yrs, why would want to continuously renew EADs and APs anyway?
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My take is, this year, if we could facilitate the debate on SKIL/DREAM bill, they would pass both floors given the political shift that happended towards the end of year 2006.
our token should be 'address the issues of legal, tax-paying individuals first'..
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And the 2007 was entered as a 2001, keep your fingers crossed and hope for the best.
Hi Guys i got this mail. I dont think i should be getting anything like this. What does it mean to you guys.
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: This case has been sent for a standard interview.
On April 14, 2008, we transferred this case to our NATIONAL BENEFITS CENTER location to conduct the interview that is a standard part of processing this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. You will be sent a notice when the interview is scheduled, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our NATIONAL BENEFITS CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.