Wednesday, June 8, 2011

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  • zulo1715
    10-20 04:34 PM
    Hello,

    I got my I-485 approval today, but my situation is a little complicated. I'm gonna explain that to you, and I appreciate your comments and thoughts.

    My I-140 got approved two months ago, but the sad part is that I lost my job the day after I got my I-140 approval. My employer told me that it was because of the lack of projects, and I'd be back as soon as they got a new project (I don't think that happens soon; actually, I'm not counting on that). I was also told that they would not cancel my GC application (i.e. they won't revoke my I-140), and they would help me even if an RFE was raised to ask for an employment letter. Fortunately enough looks like I've not been out of status since I lost my job (I already filed my I-485 and got the approval for I-140 when I lost my job).

    OK! here's what I'm worried about. My lawyer told me that as soon as I get my green card, I'm all set. He told me so when I asked him what would happen if I just wait for my GC approval and not to work for any other employer before then. I even have my EAD, but I decided not to go for another employer to make sure that I'm not raising a flag before getting my GC (that would be fine if I passed more than 180 days after my I-485 approval with an approved I-140). I know that some guys here say it's better (or even it's needed) to work for the company who sponsored your GC 6 months to one year after getting green card in order not to have an issue when applying for citizenship, but the thing is that my company doesn't have any project right now.

    - Is there anything I can do to make sure that I'll be safe and sound in the future? What do I need to do now to make sure that my citizenship process in futute is OK?

    - Is there anything that the sponsoring company can do regarding this; I mean help me out?

    - Can I work for another employer now that I have my GC in hand?

    Thank you,





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  • gondalguru
    07-26 06:56 PM
    superdude,

    I did change the title. I apologise about the original title which i accept was ambiguous.

    however, I was not making any assumption.

    if you read my message carefully, i asked a question. I asked if W2s and/or paystubs would be enough to prove that you have always been in lawful status. And I put a context around it by saying"assuming i do not have all of my I797s and I94s". What I meant was "in the case I do not have all of my prior I797s and I94s"

    No need to worry. Keep all the documents - paystubs - visa stamps etc since your last entry. Thats all uscis asks.





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  • lostinbeta
    10-21 03:40 AM
    Wow. I first got a computer when I was :::thinking::: 14 (?)

    I had a 100mhz with 32Mb Ram and Windows 95. It was awful, but that was when I used MS Paint.

    Those of you who dont know what MS Paint is... it is a paint programs supplied with every copy of the Windows OS.





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  • nixstor
    11-17 09:38 AM
    Guys.. It has to pass through the house still..



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  • gk_2000
    08-05 01:51 PM
    Doesn't it say: "for certain long-term conditional residents"

    I think he is talking about TPS etc status. Nothing for us :(

    Edit: Just found this in USCIS
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=36c5136d2035f010VgnVCM1000000ecd190aRCR D&vgnextchannel=b328194d3e88d010VgnVCM10000048f3d6a1 RCRD





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  • ArkBird
    06-24 03:02 AM
    No. as per my lawyer it became unavailable in the middle of the month.



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  • Robert Kumar
    02-24 05:04 PM
    I am also looking for answer on this..Anyone please??

    Any inputs pls.





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  • willgetgc2005
    04-13 05:34 PM
    Is a BE from India considered an advanced degree. What is the definition of an advanced degree ? GURUS please respond.


    Aliens who have advanced degree in science,technology,engineering or math and have been working in a related field in US under a non immigrant visa during the 3 year period preceding their application should be exempt from numerical limits.



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  • Leo07
    02-01 04:02 PM
    Multiple submissions will do more damage than good. That's my opinion anyways, I feel that it takes credibility away from our cause.

    Thanks for completing the survey!





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  • Libra
    07-11 08:20 PM
    :D :D :D :D

    Anyway, no CONDI please, I love to send flowers to BUSH, i see him as only hope.

    That ugly women need some veneers for the gaping hole on her front teeth, not flowers. :D



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  • pappu
    09-07 12:59 PM
    I am thinking of opening a thread on IV forum to sell my couch. I am sure there will be many potential buyers.:D :D
    This thread is closed for now. We do not wish to encourage members to advertise on this site. The site should be focussed on IV issues and EB immigration matters that members can discuss.





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  • hur11
    01-22 10:29 PM
    The way u r replying seems to be u r one of those in that frustated waiting list. I only can wish u the best.



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  • Munna Bhai
    11-16 04:03 PM
    I have applied for my 485 in July because then the PD's were current. Now the PD's are moved back . Does that i will get my GC delayed too. Does the processing of 485 is related to PD's . I thought the PD's are only related to the dates when you can apply for 485 not processing. Correct me if i am wrong.if PD's are also related to getting GC's then what the I-485 processing dates?

    same question I wanted to ask?? Any inputs??





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  • GC_ki_daud
    03-13 03:17 PM
    Hello Members and GURUS,

    One of my coworkers I140 was rejected today. His application was made in year 2006 . The reason for his rejection was that too many GC petions filed by the company. And the USCIS asked the Company to show the ability to pay him and all other "78' applications that were made by my employer. Out of the 78 many have their 140 cleared since last year or more than that.

    My fear/question is weather the explanation asked by USCIS to show comapany's compentency to pay all 78 petitioners could jeopardize all of them ??



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  • sa.node
    02-15 09:01 PM
    All

    I believe there are many physicians who are facing this question regarding H1b visa status. I hope this thread will help many resident physicians.

    I am in final year of residency, on H1b visa (cap-exempt). I am looking for jobs and most of the H1b sponsoring employers are being subjected to cap (apparently due to stricter USCIS rules). If I fall in "under cap" category I will be able to start from Oct 1 2011. This creates problem for most resident physicians as they finish training at the end of June (as this is when their H1b expires).
    So my questions is (with possible solutions that I have gathered so far, please advise me if these are true)...

    Q. 1 What will I do from the end of my residency (i.e. July) till I start next job (i.e. Oct)?
    OPTION 1: Request current residency program to extend your residency status by giving you full/part time Chief-resident/research fellow or similar type of status. but using this way means your training license will have to be extended as well.
    Does that mean a new H1b application will need to be filed (which may be quite expensive for 3 months of stay, considering attorney fee, premium processing fee etc)?
    OPTION 2: Ask your future employer (cap subject) to show your starting date few days before your current H1b expiration date. This way your future employment will NOT fall in the cap-category. I gathered it from somewhere on this website though I doubt it will work.
    Source- http://immigrationvoice.org/forum/attachments/forum6-non-immigrant-visas/382d1292767900-portability-of-cap-exempt-h1b-to-cap-subjected-h1b-uscis-memo-on-cap-exempt-to-cap-subject-2.pdf
    OPTION 3: If you already have multiple entry visitors visa (B2) you may change visa status to B2. So when your H1b expires B2 kicks in. That way you can legally stay in the US (and sit for ABIM board exam). Havnt found any document to support if it is allowed and how easy this switch is. Heard from "friend of friend".
    OPTION 4: Go back to your home country for 3 months and come back before starting job. question is if this will cause any problem in coming back or any other legal issue.
    OPTION 5: If you have applied for ABIM board you may be allowed to stay till your board (mid-August). Though I have heard its true only for J1 holders. If it does work for H1 holders how does this process work?

    Thanks a lot in advance.
    ;)





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  • SL%%
    08-25 09:14 PM
    How do we know if our case is pre-adjudicated or nor, is it only a guess based on PD, that a case may pre-adjudicated.
    Today, I called uscis, and asked if my case is pre-adjudicated or not. I was told that the rep does not have access to my personal info.

    PD - July 2004-EB2
    I 485 RD - Aug 17, 2007 and ND - Oct 16, 2007
    Attended interview at the local uscis on June 25th, 2009
    Spouse alone second FP on July 5th , 2009
    I

    fatjoe,

    There was an article that came out and here is the link to it: TSC-NSC update (http://imminfo.com/News/2009-AILA/TSC-NSC_update.html)

    As the way I understood it, even your PD is not current, they are starting to pre-adjudicate some cases so that the Visa Center would know more or less how many visas are needed and how big the backlog is. This effort tries to eliminate unused visas and utilize most of it. So the way I see it is, USCIS pre-adjudicates cases, then those who are "pre-approve" will be sorted on a different place maybe database which will be submitted to the Visa Center. Now, once your PD comes (Visa Center is the one responsible for monthly Visa Bulletin), Visa Center will tell USCIS that this case is ok, USCIS then sends you your GC.

    I was going through this forum and I have read some instances where the officer on the phone will or will not tell you if your case is pre-approve. So what they do is call back again and hoping that officer will divulge such information to you.



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  • 510picker
    December 3rd, 2008, 06:06 AM
    I'll be anxious to hear your opinion once you've spent some time with your new equipment.





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  • crazymish
    04-13 04:01 PM
    All: I applied for advance parole on Feb -9 , delivered Feb -11. I filed under new fees structure and hence I am exempt from fees. I clearly mentioned that in the letter. However, till date I have received no receipt. How should I handle this?

    Just as a follow up, The receipt notice arrives 30 days after the application; we got our receipt notice approximately 30-35 days after the application was received. Now we are awaiting to see if the Advance Parole is approved. Incidentally fingerprinting was also required and we had been to the ASC center for fingerprinting this past friday. The FP notice came after the AP package was received by USCIS. I believe they are running FP as a normal turn of events when applying for FP for most individuals if not all.





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  • willwin
    05-14 11:03 AM
    Is there anyone out there pursuing CP and already working in the USA?

    In today's economy/job market, it is a nightmare not to have the protection of EAD.

    Is there anyway we can get EAD for people in CP queue? Issuing EAD for those CP filers who are already in the US on work (H1B) VISA - is that even a possibility?

    Any thoughts?





    saps
    03-16 06:04 PM
    My two cents are that you should attach your receipt notice for I-485 and approved I-140 along with your spouse's application right now instead of waiting for his/her receipt notice. BTW, this is based on an opinion of attorney I consulted.

    I don't think that your spouse's I-140 has to do anything with interfiling. You application will be interlinked to your spouse's application based on I485. Also, since you are just interfiling, you both will remain primary on your respective applications with no derivatives. You won't become a derivative just by interfiling. Thats the benefit of filing separately so that who so ever has the PD current first, the spouse benefits from it even though his/her PD is not current.

    I don't understand why your attorney is recommending to interfile when you have an option to let USCIS know right away where to put your spouse' I-485 file. I recommend you to take a second opinion if you have a doubt.

    Thanks





    GCD
    07-31 11:25 PM
    I got a bunch that has photocopies from my lawyer of everything that went out to USCIS. 485, EAD, AP for myself and my wife.

    Everything is ok, except that there is an extra copy of G 28 each for myself and my wife and these extra copies are not signed by attorneys.

    In the middle of the package, right above the 485 forms, there are G28 forms that are properly signed. Everywhere else there is signatures where needed. But at the bottom of the bunch, there is extra G28 for each one of us that is missing signature from the attorney.

    Could this be a problem? Also, where is the URL for USCIS FAQ that states under what conditions that petitions can boomerang back to us?

    My lawyer filed the I-485, EAD and AP package for me and my wife. She put a G-28 notice for each application (with our and her signatures). She missed signing the AP G-28 for my wife. I asked her about this. She said it should be fine. They would not consider her notice of representation for this particular case, and would mail her AP approval directly at our home address.



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