GCNirvana007
04-04 05:44 PM
I need expert advice -
My I-140 has been approved and I-485 pending for more than 18 months. I have a valid EAD & AP. I also have a valid H1-B visa valid till 2011,
that I am using for my current employment with my current employer
1. If I get laid-off, how long can I stay in US without another job?
Active EAD should keep your status ok
2. I understand that in order to maintain my eligibility to "port" to a new employer / sponsor under AC21, I should have another job in same or similar occupation. Till I find another job, am I allowed to do some part-time job in different occupation?
3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?
4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options? AP can be used to travel and return
My I-140 has been approved and I-485 pending for more than 18 months. I have a valid EAD & AP. I also have a valid H1-B visa valid till 2011,
that I am using for my current employment with my current employer
1. If I get laid-off, how long can I stay in US without another job?
Active EAD should keep your status ok
2. I understand that in order to maintain my eligibility to "port" to a new employer / sponsor under AC21, I should have another job in same or similar occupation. Till I find another job, am I allowed to do some part-time job in different occupation?
3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?
4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options? AP can be used to travel and return
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chanduv23
08-04 09:38 AM
I came to know of a case where this gentelman who has PD of Nov 2002 EB2 has his case pending at Nebraska for a really long time. His Name check and other formalities were cleared and no body was sure the reason for the hold up. He had numerous infopass appointments as well as written to various lawmakers etc... After getting tired of doing all that he decided to take 15 days off from work. And do you know where did he go:
He went to Lincoln, Nebraska.
The story goes that every day he would stand in front of the office and he was turned back but he continued to sit in the lobby requesting to see the director. Finally his persitence paid off. On 15th day he was granted half an hour with the Director and he presented his case. In few hours he saw his 485 status changed to approved.
So the persitence really do pay. I don't know the name of this gentleman but if you are reading this post please provide some more details. Hats off to you.
Thats is called 'Gandhigiri' my friend
He went to Lincoln, Nebraska.
The story goes that every day he would stand in front of the office and he was turned back but he continued to sit in the lobby requesting to see the director. Finally his persitence paid off. On 15th day he was granted half an hour with the Director and he presented his case. In few hours he saw his 485 status changed to approved.
So the persitence really do pay. I don't know the name of this gentleman but if you are reading this post please provide some more details. Hats off to you.
Thats is called 'Gandhigiri' my friend
ajay
06-05 08:19 PM
Generally how many days it takes to get the actual RFE in hand.
I saw status update on May 20th and yet to get the copy in hand.
Me or my lawyer have not received it yet.
What are the next steps if we don't get it soon.
Waiting for the RFE for all 3 of us,wife,me and son. Called up USCIS and they said that it is sent to Lawyer's office. Would they send it to my home address also?
I saw status update on May 20th and yet to get the copy in hand.
Me or my lawyer have not received it yet.
What are the next steps if we don't get it soon.
Waiting for the RFE for all 3 of us,wife,me and son. Called up USCIS and they said that it is sent to Lawyer's office. Would they send it to my home address also?
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ragz4u
06-22 02:26 PM
IV core team itself is not active these day.
Read my other post about what IV core is doing currently. Also, just FYI, we had a conference call last nite which went form 9.00 PM to 11.15 PM EST. And this was not the only call this week.
We have already started looking beyond the CIR and so has QGA. Aman and Shilpa went to an important House Related event in DC and met with some of the house representatives (in person) whose names you see in immigration articles every single day!
So, in a nutshell, I am happy to see the initiative by Ghost to take IV further. Please support him instead of trying negate it!
Do not forget that the only other option to fighting for our rights is to keep quiet and suffer daily for years. There is not a single person in the core team and nor many members in IV who are willing to give up before a good fight.
Read my other post about what IV core is doing currently. Also, just FYI, we had a conference call last nite which went form 9.00 PM to 11.15 PM EST. And this was not the only call this week.
We have already started looking beyond the CIR and so has QGA. Aman and Shilpa went to an important House Related event in DC and met with some of the house representatives (in person) whose names you see in immigration articles every single day!
So, in a nutshell, I am happy to see the initiative by Ghost to take IV further. Please support him instead of trying negate it!
Do not forget that the only other option to fighting for our rights is to keep quiet and suffer daily for years. There is not a single person in the core team and nor many members in IV who are willing to give up before a good fight.
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lazycis
10-11 02:49 PM
If H1/ H4 is still valid, you can revalidate H1/H4 if you leave the country, get a new visa and re-enter. S/he needs to do that no later than 180 days after I-485 denial. S/he is out of status starting from the denial of I-485.
up_guy
07-25 09:20 AM
AC21 Attorney Selection (Suggested by new employer Vs selected by you)
================================================== ===
Subject : While changing jobs we have two options
1) Hire your new attorney and you pay for it or
2) Use the attorney that is recommended by your employers and its paid my new employer
Agenda : Discuss Pros and Cons of each options
My views : Its better to use attorney from your new employer because its free, because s/he can better coordinate with the employer to get the offer letter describing same and similar job duties and also if you change to another job again you can change this attorney too..you have options and they are at no cost to you
Does anyone differ from me and has any reason that why should I go for my own attroney (not using new employers attorney) for AC21 ?
Thanks any advance for your participation in this discussion
================================================== ===
Subject : While changing jobs we have two options
1) Hire your new attorney and you pay for it or
2) Use the attorney that is recommended by your employers and its paid my new employer
Agenda : Discuss Pros and Cons of each options
My views : Its better to use attorney from your new employer because its free, because s/he can better coordinate with the employer to get the offer letter describing same and similar job duties and also if you change to another job again you can change this attorney too..you have options and they are at no cost to you
Does anyone differ from me and has any reason that why should I go for my own attroney (not using new employers attorney) for AC21 ?
Thanks any advance for your participation in this discussion
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needhelp!
02-11 03:15 PM
Link is not working for me.
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mytv
09-01 09:32 PM
Thank You
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jfredr
07-26 01:49 PM
my colleague whose 485 was mailed on june 27th had his checked cleared yesterday.
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Brightsider
11-08 07:11 PM
Permit me to differ....with ND Bhatt.
With all due respect, I would like to point out that visas to dependents may not be the issue. The report includes all pending I-485 cases. It does not differentiate between principal applicants and derivative-dependents.
The problem must be elsewhere. Possibly, they may not have released complete and accurate figures, though I would hate to believe that. For a governmental agency that is answerable to Congress, it will be difficult for them to obfuscate beyond a point.
You are right on the 245 (i) issue. I do know a friend whose wife and child went to the consulate when their PDs became current. Since it was consular processing, it was not a case of I-485....they use some other form DS1030 or some such form.
That said, hang in there. Enjoy life while in the queue.
Best
With all due respect, I would like to point out that visas to dependents may not be the issue. The report includes all pending I-485 cases. It does not differentiate between principal applicants and derivative-dependents.
The problem must be elsewhere. Possibly, they may not have released complete and accurate figures, though I would hate to believe that. For a governmental agency that is answerable to Congress, it will be difficult for them to obfuscate beyond a point.
You are right on the 245 (i) issue. I do know a friend whose wife and child went to the consulate when their PDs became current. Since it was consular processing, it was not a case of I-485....they use some other form DS1030 or some such form.
That said, hang in there. Enjoy life while in the queue.
Best
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windingroad
04-07 06:40 PM
What if VISA is not given .. can you come back?
Not if your previous visa stamp on passport has expired.
Not if your previous visa stamp on passport has expired.
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lvinaykumar
05-12 10:55 AM
good, at-least we are seeing good number of approvals, All the best and good luck guys
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GC_Geek
10-01 05:52 PM
I already pllued all of my paperwork from attorney.
You must have at least a copy of all your filing paperwork from Labor Filing till today. This is required when you are filing anything new or responding any RFE, you sould match each and everything on the USCIS records when you are submitting any new paper work as a part of RFE/new application etc.
So, better have a copy of all paprework before..
I dont intend to change my employer/lawyer but just got all original approvals and copy of each and every paperwork from my attorney till date about my GC.. just to be safe..
I can pull out my G28 and be on my own at any time, but still save my ongoing pending petitions..
You must have at least a copy of all your filing paperwork from Labor Filing till today. This is required when you are filing anything new or responding any RFE, you sould match each and everything on the USCIS records when you are submitting any new paper work as a part of RFE/new application etc.
So, better have a copy of all paprework before..
I dont intend to change my employer/lawyer but just got all original approvals and copy of each and every paperwork from my attorney till date about my GC.. just to be safe..
I can pull out my G28 and be on my own at any time, but still save my ongoing pending petitions..
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desi485
10-11 01:52 PM
fortunately I haven't used EAD. In fact neither my spouse has. But we were about to use spouse EAD when we sniffed this possibilty. This is the reason I am asking if any one has any insight to share. Title of the thread is little misleading but unble to change it now. this is a IF THEN condition as if now. aplogise for the same. However I am sure so many families getting EAD, so many ppl will be concerned about this. This might be real for some one of us.
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manderson
08-08 11:32 AM
damn! i have the same issue. will u pls post the answer when u have it.
my laywer doesn't know what to put and my employer is not cooperating!
my laywer doesn't know what to put and my employer is not cooperating!
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cableching
08-14 08:23 PM
My 485 was approved last week. Current status is Post Decison Activity. I've received Welcome Notice few days back.
It seems like USCIS automatically ported the PD.
My EB3 PD is April 2003 and working for the sponsored company.
I filed another 140 under EB2 through another company and it got approved 3 years back. I never joined in that company. I didn't port my EB3 PD when the EB2 140 was filed.
As a matter of fact, I completely forgot about this EB2 140 and this company.
All of a sudden, last week my 485 was approved with the EB2 PD which is Jan 2006.
I guess USCIS ported EB3-EB2 automatically. Is it normal?. What should I do?.
Please advice.
USCIS is taking a very liberal view in porting the priority dates. They are taking the oldest priority date and the better category in approving the GC. In your case your EB3 priority date and your EB2 I-140.
You don't have to join the company which applied for your EB2 and you never applied for I-485 for this employer.
There are a number of cases like this, just search for the posts my posts, you will find a couple of cases like this in Immigration voice itself.
Don't worry about contacting a lawyer, just update I-9 form with your employer.
Enjoy the freedom.
It seems like USCIS automatically ported the PD.
My EB3 PD is April 2003 and working for the sponsored company.
I filed another 140 under EB2 through another company and it got approved 3 years back. I never joined in that company. I didn't port my EB3 PD when the EB2 140 was filed.
As a matter of fact, I completely forgot about this EB2 140 and this company.
All of a sudden, last week my 485 was approved with the EB2 PD which is Jan 2006.
I guess USCIS ported EB3-EB2 automatically. Is it normal?. What should I do?.
Please advice.
USCIS is taking a very liberal view in porting the priority dates. They are taking the oldest priority date and the better category in approving the GC. In your case your EB3 priority date and your EB2 I-140.
You don't have to join the company which applied for your EB2 and you never applied for I-485 for this employer.
There are a number of cases like this, just search for the posts my posts, you will find a couple of cases like this in Immigration voice itself.
Don't worry about contacting a lawyer, just update I-9 form with your employer.
Enjoy the freedom.
more...
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H1BDreamer
05-27 09:48 AM
Hi, I'm very tensed. I applied for H-1B under master CAP. I have finished all degree requirements including depositing PhD thesis. However, at the time of filing I could not wait for a letter from the registrar (it takes 5 business days).
So, I filed with a letter from my dept. The letter has the letterhead of the university and states that I completed all degree requirements and will graduate May 13th. It is signed by the dept associate dean.
Would that suffice? Could the petition be denied?
I have seen some denials but all for ppl who hasn't actually completed all requirements at the time of filing.
Thanks for any replies.
So, I filed with a letter from my dept. The letter has the letterhead of the university and states that I completed all degree requirements and will graduate May 13th. It is signed by the dept associate dean.
Would that suffice? Could the petition be denied?
I have seen some denials but all for ppl who hasn't actually completed all requirements at the time of filing.
Thanks for any replies.
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prabhu07
05-21 11:44 AM
@gcformeornot - Thanks for the reply. Its my current employer who has applied for H1 as my L1 is maxing out, so, I am not in a total rush to change employers.
@surabhi - Thanks for the detailed reply, much appreciated. Your answer to my #2 question just made my day. I just wanted confirmation that I can still use my old priority date. I have no problems starting with a new labor, new I-140, as long as I can retain my old Priority date. Will you get real mad if I ask "can you re-confirm your answer" ? :D Nonetheless, Thanks a bunch again. :)
@surabhi - Thanks for the detailed reply, much appreciated. Your answer to my #2 question just made my day. I just wanted confirmation that I can still use my old priority date. I have no problems starting with a new labor, new I-140, as long as I can retain my old Priority date. Will you get real mad if I ask "can you re-confirm your answer" ? :D Nonetheless, Thanks a bunch again. :)
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zvezdast
07-10 04:47 PM
There is a story that all flowers received will be forwarded to injured service members at a medical center.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f4b3076eb0f93110VgnVCM1000004718190aRCR D&vgnextchannel=1958b0aaa86fa010VgnVCM10000045f3d6a1 RCRD
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f4b3076eb0f93110VgnVCM1000004718190aRCR D&vgnextchannel=1958b0aaa86fa010VgnVCM10000045f3d6a1 RCRD
santb1975
05-17 11:00 PM
Thanks a lot
My $100..
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Thanks
salai007
07-17 06:09 PM
Thanks to Rep Lofgren.
I will be sending a Thank card to her soon.
I will be sending a Thank card to her soon.
