desi3933
02-14 08:29 AM
Hello all,
Is there a law that grant green card for a person who's been in the States legally for more than 10 years?
Thanks
No, not that for 10 years.
Howeve, the I-485 can be filed based on residency, if the applicant has been US resident since before Jan 1st, 1972.
The applicant need to
1. secure a signed SSA-795 from the individual indicating the beginning and ending dates of all periods of residence in the U.S. The statement does not have to include the complete street address. The town and/or State is sufficient.
2. a statement which shows no absence of longer than 6 months is sufficient to determine continuous residence in the U.S. since before January 1, 1972.
__________________
Not a legal advice.
Is there a law that grant green card for a person who's been in the States legally for more than 10 years?
Thanks
No, not that for 10 years.
Howeve, the I-485 can be filed based on residency, if the applicant has been US resident since before Jan 1st, 1972.
The applicant need to
1. secure a signed SSA-795 from the individual indicating the beginning and ending dates of all periods of residence in the U.S. The statement does not have to include the complete street address. The town and/or State is sufficient.
2. a statement which shows no absence of longer than 6 months is sufficient to determine continuous residence in the U.S. since before January 1, 1972.
__________________
Not a legal advice.
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thechallenger
09-21 09:23 PM
if this Interpol thing is regarding 498a, there are cases where people have contacted people in Indian embassy and explained to them the situation and got their passports renewed as well.
TO BE OR NO TO BE
10-21 04:19 PM
I am thinking of switching the company and look for new job. I am not sure how this will work when I am on EAD and not expecting my GC to come soon as my priority date (EB3) is March 2005.
Possibly the new job will not be 100% aligned with the job desc that was put during the LC.
Do any one can help me guide what are my options?
I am not a Lawyer, just advising based on my knowledge / experience:
You can certainly change job (Since you have EAD, I am assuming here that you have approved I-140 and filed for I-485 for more than 180 days). AC-21 (its a law) allows you to port your job when you have approved I-140 and I-485 is filed for more than 180 days.
The job has to be "same or similar" need not be same. The word "same or similar" is not defined in the law, but you can use O*Net classification. The O*Net classification is the code under which your labor petition was filed. Then use O*net website to see the proposed job you are looking at is similar to the O*Net classification your labor was filed for. Its little bit confusing how to use O*Net but if you Google AC-21 you will find enough literature / articles posted by lawyers. Better yet, one of the IV member have wrote whole blog on that (you would have to find that, as I don't remember).
The new job don't need to be restricted within geographic area where your original labor was filed for (you can work anywhere in the USA).
The new employer is not required to prove ability to pay.
There is no upword salary restriction, but if the pay difference is significant then USCIS may take a look at it in detail just to verify that the new job falls within "same or similar" category.
You will have to find a good lawyer (you can do yourself as well) to write AC-21 letter to USCIS. I have seen people suggesting that you don't have to do that, USCIS may never get that into your file. If they you don't send AC-21 letter or it never gets to your file, they will send you RFE to prove that you still have "same or similar" job offer. They may also send you NOID or deny your case, but you can file motion to reopen (obviously using a qualified attorney) and they will most probably approve your case.
And finally, your existing employer can't revoke your approved I-140 (if its over 180 days).
Hopefully this is helpful!
Possibly the new job will not be 100% aligned with the job desc that was put during the LC.
Do any one can help me guide what are my options?
I am not a Lawyer, just advising based on my knowledge / experience:
You can certainly change job (Since you have EAD, I am assuming here that you have approved I-140 and filed for I-485 for more than 180 days). AC-21 (its a law) allows you to port your job when you have approved I-140 and I-485 is filed for more than 180 days.
The job has to be "same or similar" need not be same. The word "same or similar" is not defined in the law, but you can use O*Net classification. The O*Net classification is the code under which your labor petition was filed. Then use O*net website to see the proposed job you are looking at is similar to the O*Net classification your labor was filed for. Its little bit confusing how to use O*Net but if you Google AC-21 you will find enough literature / articles posted by lawyers. Better yet, one of the IV member have wrote whole blog on that (you would have to find that, as I don't remember).
The new job don't need to be restricted within geographic area where your original labor was filed for (you can work anywhere in the USA).
The new employer is not required to prove ability to pay.
There is no upword salary restriction, but if the pay difference is significant then USCIS may take a look at it in detail just to verify that the new job falls within "same or similar" category.
You will have to find a good lawyer (you can do yourself as well) to write AC-21 letter to USCIS. I have seen people suggesting that you don't have to do that, USCIS may never get that into your file. If they you don't send AC-21 letter or it never gets to your file, they will send you RFE to prove that you still have "same or similar" job offer. They may also send you NOID or deny your case, but you can file motion to reopen (obviously using a qualified attorney) and they will most probably approve your case.
And finally, your existing employer can't revoke your approved I-140 (if its over 180 days).
Hopefully this is helpful!
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dreamgc_real
01-06 09:30 AM
CIR is impossible with the current Congress, any legislator thinking it is a possibility is only misleading!
more...
Sunx_2004
08-15 11:56 AM
Here is the situation Mr. Pro-
I filed my 485 in July 2007 with an approved I 140, My company got aquired in Nov. 2007. They amend my H1B, Recently I come to know that they file new I 140 to indicate new company is sponser of my GC. The new I 140 is still pending.
Now, I am gettig an offer by another company and that company is ready to transfer H1B. Can I change job while my new I 140 is pending
What if they withdraw new I 140 after I leave.
One lawyer which I consulted is saying that you should be fine because your I 485 was filed with an approved I 140...
Please let me know you thoughts
Don't Worry, I have been there 3 Times. Since I my start of GC process with the currents company, It has been acquired 3 times , So I am pro in that situation :)
I filed my 485 in July 2007 with an approved I 140, My company got aquired in Nov. 2007. They amend my H1B, Recently I come to know that they file new I 140 to indicate new company is sponser of my GC. The new I 140 is still pending.
Now, I am gettig an offer by another company and that company is ready to transfer H1B. Can I change job while my new I 140 is pending
What if they withdraw new I 140 after I leave.
One lawyer which I consulted is saying that you should be fine because your I 485 was filed with an approved I 140...
Please let me know you thoughts
Don't Worry, I have been there 3 Times. Since I my start of GC process with the currents company, It has been acquired 3 times , So I am pro in that situation :)
go_guy123
03-01 04:23 PM
Friends,
I have Canada PR since October 2006. In October this year I will complete 3 years since landing in Canada. The rule to maintain PR is that one should live in Canada for at least 2 years in a 5 year period. Since I have not lived in Canada more that a couple of weeks since landing, will I be allowed to move to Canada after completing 3 years outside Canada or will I be sent back from the border? Has anyone moved to Canada after living outside for more than 3 years since landing? Please advise.
Thanks.
At the end of expiry of the PR card that you get, you will need to renew it. At that time you need to show that you stayed for 2 years in Canada and when you cant show you lose the
PR and cannot renew the PR card.
I have Canada PR since October 2006. In October this year I will complete 3 years since landing in Canada. The rule to maintain PR is that one should live in Canada for at least 2 years in a 5 year period. Since I have not lived in Canada more that a couple of weeks since landing, will I be allowed to move to Canada after completing 3 years outside Canada or will I be sent back from the border? Has anyone moved to Canada after living outside for more than 3 years since landing? Please advise.
Thanks.
At the end of expiry of the PR card that you get, you will need to renew it. At that time you need to show that you stayed for 2 years in Canada and when you cant show you lose the
PR and cannot renew the PR card.
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jawbreaker
12-12 05:05 AM
Guys, I guess almost everybody is done with their finger printing by now. I am wondering what is the status of everybody's I-485 application on the case-status-online website after finger printing? Mine is showing some weird status, so I thought I better check with others.
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rajczar
07-30 01:08 AM
Thanks for your response its very helpful. I will go through it.
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simple1
06-03 05:57 PM
Again Fake question.
Arent you guys tired of asking these fake questions ? Get a life that is worth living.
Hi All,
My company applied 485 and h1b. I am in AOS status and having EAD. My company laid off me on March and they are not revoke my h1b and 140(they may hire me back once get new job). Mean time shall i work hourly job and get around $1200 per month with same job description with using my EAD(new company will run payroll and W2). Also i am keep looking permanent full time job with my higher salary.
For the hourly job they asking to fill I-9(employment eligibility verification will inform USCIS). On that form asking my A# with EAD expiration date.
Is there a chance USCIS will know my hourly job?. My concern - this hourly job will create a problem for my GC process (chance to get REF) because rate is low
Please give me your valuable suggestion
Thanks
Arent you guys tired of asking these fake questions ? Get a life that is worth living.
Hi All,
My company applied 485 and h1b. I am in AOS status and having EAD. My company laid off me on March and they are not revoke my h1b and 140(they may hire me back once get new job). Mean time shall i work hourly job and get around $1200 per month with same job description with using my EAD(new company will run payroll and W2). Also i am keep looking permanent full time job with my higher salary.
For the hourly job they asking to fill I-9(employment eligibility verification will inform USCIS). On that form asking my A# with EAD expiration date.
Is there a chance USCIS will know my hourly job?. My concern - this hourly job will create a problem for my GC process (chance to get REF) because rate is low
Please give me your valuable suggestion
Thanks
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immi_enthu
08-20 06:10 PM
Hi,
Few months ago while googling about GC related stuff I came across a link, which, after going through few subsequent links, lead me to a link on the dol website from where I downloaded these databases. They are very huge (> 30 MB) so if you tell me (PM) you employer name and PD then I can look through the database and let you know the job title and code.
Thanks
are you referring to this :
http://www.flcdatacenter.com/CasePerm.aspx
Few months ago while googling about GC related stuff I came across a link, which, after going through few subsequent links, lead me to a link on the dol website from where I downloaded these databases. They are very huge (> 30 MB) so if you tell me (PM) you employer name and PD then I can look through the database and let you know the job title and code.
Thanks
are you referring to this :
http://www.flcdatacenter.com/CasePerm.aspx
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Britsabroad
February 27th, 2004, 09:36 AM
Sounds like traffic jams might be a good place to 'trap' (Another Royal Navy term)
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Dhundhun
06-26 09:43 PM
Dear Fellow IVians
quick update: I received the receipt notices today for EAD Renewal by mail. can't believe it, but truly received for myself and my wife.
Big question is
1.Mine is having case number as LIN08801XXXXX which is fine, because my entire GC process since past 5 years is in Nebraska Service Center. I'm the primary applicant
2.But wife's case number is different, which is NSC08801XXXXX and clearly mentioned in the notice that her case is with national benefits center, Lee's summit MO.( By the way we live in Missouri)
The entries for "Class requested" is shown as C09 in both cases, which i believe correct.
Help:
Has anybody received like this before? if it's normal, i'm not worried
If not, any clues about next steps like do i need to call somebody or call Nebraska ??? a bit worried. any help ???????
Thanks in advance
Satya
Yes. This is excerpts from: http://immigrationvoice.org/forum/showthread.php?t=18737
Efiled EAD passing through multiple service centers
Mailed:
.... Confirmation Receipt
.... Photocopy of I485 recept
.... Photocopy of EAD both side
.... Original letter which came with EAD (after tearing upper part - for quick processing)
Mid June 2008, paper receipt (from NSC) took over 10 days. It is now taking more time.
FP notice (from MSC, code 2) after two weeks, scheduled in fifth week (in ASC San Jose).
quick update: I received the receipt notices today for EAD Renewal by mail. can't believe it, but truly received for myself and my wife.
Big question is
1.Mine is having case number as LIN08801XXXXX which is fine, because my entire GC process since past 5 years is in Nebraska Service Center. I'm the primary applicant
2.But wife's case number is different, which is NSC08801XXXXX and clearly mentioned in the notice that her case is with national benefits center, Lee's summit MO.( By the way we live in Missouri)
The entries for "Class requested" is shown as C09 in both cases, which i believe correct.
Help:
Has anybody received like this before? if it's normal, i'm not worried
If not, any clues about next steps like do i need to call somebody or call Nebraska ??? a bit worried. any help ???????
Thanks in advance
Satya
Yes. This is excerpts from: http://immigrationvoice.org/forum/showthread.php?t=18737
Efiled EAD passing through multiple service centers
Mailed:
.... Confirmation Receipt
.... Photocopy of I485 recept
.... Photocopy of EAD both side
.... Original letter which came with EAD (after tearing upper part - for quick processing)
Mid June 2008, paper receipt (from NSC) took over 10 days. It is now taking more time.
FP notice (from MSC, code 2) after two weeks, scheduled in fifth week (in ASC San Jose).
more...
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indio0617
07-11 12:34 PM
/\/\ Bump /\/\
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sekasi
08-18 08:55 PM
In that case, kinda have to make the ya rly counterpart ;)
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prinive
07-11 12:55 AM
I would like say a BIG THANK YOU for the guys who started this flower campaign and to the members who made this huge success. The credit goes to the guys who started this campaign without any moral support from many members. Thank you guys. The community waiting for GC owe you guys a big salute.
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thokar
08-18 04:12 PM
:confused:Hi all,
I have a situation,
I joined employer A and substituted labor with 2004 priority date. And it has been approved already, my understanding is labor substitution is nothing but filing I 140 but with some one else labor.
My current situation is, I got a perm job and have approached company attorney and she saying / asking, since this is labor substitution case, so, I need to have letter from employer �A� saying that labor used for me was initially filed for person X and he later left the company. Hence that has been used for me.
This is required to prove that there is no fraud happened while filing my case.
As you all know, in this current situation, I can not go back and ask employer �A� about that letter.
Any suggestions etc please provide.
Just to remember
REQUEST A SET OF COPIES WHEN EVER ATTORNEY FILING / FOLLOW UP ANY RFE etc FOR YOU. IRRESPECTIVE WHETHER YOU PAY OR COMPLANY PAYS GC FEES
Thanks,
I have a situation,
I joined employer A and substituted labor with 2004 priority date. And it has been approved already, my understanding is labor substitution is nothing but filing I 140 but with some one else labor.
My current situation is, I got a perm job and have approached company attorney and she saying / asking, since this is labor substitution case, so, I need to have letter from employer �A� saying that labor used for me was initially filed for person X and he later left the company. Hence that has been used for me.
This is required to prove that there is no fraud happened while filing my case.
As you all know, in this current situation, I can not go back and ask employer �A� about that letter.
Any suggestions etc please provide.
Just to remember
REQUEST A SET OF COPIES WHEN EVER ATTORNEY FILING / FOLLOW UP ANY RFE etc FOR YOU. IRRESPECTIVE WHETHER YOU PAY OR COMPLANY PAYS GC FEES
Thanks,
more...
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QuickGreenCard
02-17 04:24 PM
I have H1 approval I-797 with me (received in last year quota) and H4 approval (which was applied before applying H1). Now I have a family emergency back home. I have to travel asap. My current H4 stamp in the passport is expired. So I have to go for stamping, either it be using H1 or using H4. Since I am unemployed at present I can't use H1 for stamping. If I come back on H4, what will happen to my H1 status? Will it be still valid to accept an employment or becomes void.
Please share your thoughts...
Thanks
Please share your thoughts...
Thanks
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Refugee_New
05-30 05:14 PM
I e-filed my EAD renewal yesterday and got the reciept copy.
Now what are the documents i should send USCIS? Do you guys have the list of documents to be mailed for EAD renewal?
Now what are the documents i should send USCIS? Do you guys have the list of documents to be mailed for EAD renewal?
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common1
01-25 06:10 PM
Visa Bulletin for February 2010 (http://www.travel.state.gov/visa/frvi/bulletin/bulletin_4611.html)
deardar
07-06 10:55 AM
Brother why ?
wandmaker
11-19 09:10 AM
gemini23: Copy of the Passport biographic information pages + Visa Page, I-94 Obtained at POE, all I-797s obtained after last stamped visa, 485 Receipt Notice, EAD card + Cover Letter + 765 Form + Fee
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