lynliu
02-25 10:39 PM
I live in South Florida
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rsayed
02-02 09:37 AM
Best Wishes for a fabulous future! Congratulations!
rajuseattle
04-27 07:55 PM
According to USCIS's interpretation of the backlog the pending applicants from retrogressed countries do not count as the backlog because they can not process those petitions until VISA dates moves further.
I hope once they make this information available on their WEB site or to respond to IV's request to disclose the pending AoS applicants based on country of chargeability and category, we will know how many AoS pending and can judge how long it will take to receive our GCs.
I am glad atleast they r acknowledging the fact that their is backlog and they are serious about clearing the backlogs. I can imagine the July-Aug 2007 concurrent filers are now receiving their I-140 approvals. In this bad economy one need to have I-140 approval to use AC-21 provision in case of layoffs.
No hopes on CIR , that debate will be their for a while until economy starts improving, until then no reform or any releif for legal immigrants....people just talking baout US protectionism and bla bla bla...nobody cares few thousand indians and chinese applicant's petitions rotting in the USCIS service centres for years for no VISA numbers.
I hope once they make this information available on their WEB site or to respond to IV's request to disclose the pending AoS applicants based on country of chargeability and category, we will know how many AoS pending and can judge how long it will take to receive our GCs.
I am glad atleast they r acknowledging the fact that their is backlog and they are serious about clearing the backlogs. I can imagine the July-Aug 2007 concurrent filers are now receiving their I-140 approvals. In this bad economy one need to have I-140 approval to use AC-21 provision in case of layoffs.
No hopes on CIR , that debate will be their for a while until economy starts improving, until then no reform or any releif for legal immigrants....people just talking baout US protectionism and bla bla bla...nobody cares few thousand indians and chinese applicant's petitions rotting in the USCIS service centres for years for no VISA numbers.
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arjun007
01-26 12:53 PM
H1B Stamping in Halifax Canada (only for revalidation)
If this is your first H1 do not book your appointment. I had my H1 from my first company and I was going for the stamp for my third company.
-Appointment
I Scheduled the appointment on the website. While scheduling it the page for entering the I-797 information (notice date, receipt date, receipt number) did not show up. But a few days before the appointment I logged in again to my account with the passport number and reference number, this page showed up and I entered the information. It is important to fill out this information and DS 156 online.
I would suggest filling up a sample DS-156 offline and after reviewing it filling it up online. You should get 3 pages for the DS 156 and 2 of them have a barcode.
*Do not glue the 2x2 photograph on the form.
*Also do not leave any blank spaces (.... write NA)
At the airport
As soon as I got out of the immigration at Halifax, a few yards down the airport lounge I saw the Travelex foreign exchange and converted a few us dollars. there is a 7 $ fee for every transaction. If you have somebody with you, I would recommend both of you to do the transaction in one go. I recommend not taking a cab to the city. It costs 54 Canadan $. There is a shuttle service managed by AIRPORTER. Its 18 $ per person. Book your ticket in the airport terminal itself. Ask the driver to drop you at Delta Halifax (Hotel).
-Scotia Bank
Once you get down at Delta Halifax you will see the Scotia Bank Sign. Get into the building. The bank is in this building (Scotia Mall) right behind a fountain.
Deposit the money and get the deposit slips stamped. I converted another 50 US $ for a 2 $ fee ( Cheaper than the airport). The food court is next to the bank. I ate at TASTE OF INDIA, but I would recommend the Chicken kabob platter at the Lebanese joint. After lunch I walked all the way through the skywalk to the PURDY WHARFS TOWER 2, behind the Casino, to check out the consulate, so that I do not have to struggle the next day to find it. The security at the reception area called a cab for us to my Dartmouth motel.
-Stay
I booked a motel (air+hotel package on ORBITZ) in Darthmouth, Nova Scotia (Comfort Inn, 456 Windmill rd) $ 72 per night for a 2 bed room. Its 20 minutes away from the city. 14 $ by cab. You can also take the bus number 51 (2$ coins only) right across the motel to the place called Bridge (it literally takes you to the bridge which connects Dartmouth and Halifax city). Remember to take the transfer stub and change the bus. Most of the buses from the bridge go to the Scotia Mall in Halifax. We travelled by bus for most of the day. It was very cold. January and temperature were around -20 C. There is a Chinese restaurant and a Pizza/Sub place right across the Motel. Also the Bridge area has a few places like Wendy's.
-day of the interview
My appt was at 9:30 , I was there by 8. They took me in. Gave me a list of documents to be kept ready (I was missing the travel itenary, fortunately my friend who was travelling with me had an extra copy). The security guy checks the documents and gives you a stub for the passport. Keep this stub safely, you have to show it the next day to get back your passport. (Its cool even if you lose it.The security guy is very freindly. He remembers people. A few had lost it, but no issue)
questions
- how long you have been in US
- what degree (Masters or Bachelors)
- how long with this company
- why did you leave the first company
- why did you leave the second company
- when did you leave the company
She told me ( as with other applicants) that my information is not in the new system called PIMPS, so its possible that I could not get my passport the next day at 3 pm.
After the interview we went back to the scotia mall, had lebonese food, took a bus number 1 to the park lane mall ( you could also walk) and watched an awesome movie (Kite Runner)
Next Tense day
This was friday, my flight was at 6:15 pm. The US immigration closes at 5:30, so I had to be back to the airport at the most by 5:15 pm.
I was at the consulate at 2:50 pm. I security guy let us in. Has a small chat with us. Said only a few passports are ready. unfortunate none of them were ours. We waited till 3:15 pm but the passports werent ready. There were 7 of us , only 2 were H1B. He asked us to come back at 4:30 pm, if not by then he ased us to enjoy our weekend at Halifax !! We went back to the Scotia mall, ate some more, came back at 4:00, clock was ticking...all 7 of us were there by 4:30 pm. All were very tensed, they had booked their tickets like us. 4:45 nothing yet....4:56 I got my passport, 4:59 my friends got my passport. We ran down to the reception, the security called a cab,
All of us had got the Passports. The Taxi driver (Indian) drove like crazy to get us to the airport. It was rush hour and the Bridge is packed. The most amazing driving I have seen. We got to the airport at 5:30 pm, but they didnt let us check in as the Immigration was closed. I paid 200$ for 2 if us to rebook the next available flight next morning and stayed the whole night at the airport.
-
Hope this information was useful. Too detail, but I was in the mood of writing after watching Kite Runner. Do watch it !
If this is your first H1 do not book your appointment. I had my H1 from my first company and I was going for the stamp for my third company.
-Appointment
I Scheduled the appointment on the website. While scheduling it the page for entering the I-797 information (notice date, receipt date, receipt number) did not show up. But a few days before the appointment I logged in again to my account with the passport number and reference number, this page showed up and I entered the information. It is important to fill out this information and DS 156 online.
I would suggest filling up a sample DS-156 offline and after reviewing it filling it up online. You should get 3 pages for the DS 156 and 2 of them have a barcode.
*Do not glue the 2x2 photograph on the form.
*Also do not leave any blank spaces (.... write NA)
At the airport
As soon as I got out of the immigration at Halifax, a few yards down the airport lounge I saw the Travelex foreign exchange and converted a few us dollars. there is a 7 $ fee for every transaction. If you have somebody with you, I would recommend both of you to do the transaction in one go. I recommend not taking a cab to the city. It costs 54 Canadan $. There is a shuttle service managed by AIRPORTER. Its 18 $ per person. Book your ticket in the airport terminal itself. Ask the driver to drop you at Delta Halifax (Hotel).
-Scotia Bank
Once you get down at Delta Halifax you will see the Scotia Bank Sign. Get into the building. The bank is in this building (Scotia Mall) right behind a fountain.
Deposit the money and get the deposit slips stamped. I converted another 50 US $ for a 2 $ fee ( Cheaper than the airport). The food court is next to the bank. I ate at TASTE OF INDIA, but I would recommend the Chicken kabob platter at the Lebanese joint. After lunch I walked all the way through the skywalk to the PURDY WHARFS TOWER 2, behind the Casino, to check out the consulate, so that I do not have to struggle the next day to find it. The security at the reception area called a cab for us to my Dartmouth motel.
-Stay
I booked a motel (air+hotel package on ORBITZ) in Darthmouth, Nova Scotia (Comfort Inn, 456 Windmill rd) $ 72 per night for a 2 bed room. Its 20 minutes away from the city. 14 $ by cab. You can also take the bus number 51 (2$ coins only) right across the motel to the place called Bridge (it literally takes you to the bridge which connects Dartmouth and Halifax city). Remember to take the transfer stub and change the bus. Most of the buses from the bridge go to the Scotia Mall in Halifax. We travelled by bus for most of the day. It was very cold. January and temperature were around -20 C. There is a Chinese restaurant and a Pizza/Sub place right across the Motel. Also the Bridge area has a few places like Wendy's.
-day of the interview
My appt was at 9:30 , I was there by 8. They took me in. Gave me a list of documents to be kept ready (I was missing the travel itenary, fortunately my friend who was travelling with me had an extra copy). The security guy checks the documents and gives you a stub for the passport. Keep this stub safely, you have to show it the next day to get back your passport. (Its cool even if you lose it.The security guy is very freindly. He remembers people. A few had lost it, but no issue)
questions
- how long you have been in US
- what degree (Masters or Bachelors)
- how long with this company
- why did you leave the first company
- why did you leave the second company
- when did you leave the company
She told me ( as with other applicants) that my information is not in the new system called PIMPS, so its possible that I could not get my passport the next day at 3 pm.
After the interview we went back to the scotia mall, had lebonese food, took a bus number 1 to the park lane mall ( you could also walk) and watched an awesome movie (Kite Runner)
Next Tense day
This was friday, my flight was at 6:15 pm. The US immigration closes at 5:30, so I had to be back to the airport at the most by 5:15 pm.
I was at the consulate at 2:50 pm. I security guy let us in. Has a small chat with us. Said only a few passports are ready. unfortunate none of them were ours. We waited till 3:15 pm but the passports werent ready. There were 7 of us , only 2 were H1B. He asked us to come back at 4:30 pm, if not by then he ased us to enjoy our weekend at Halifax !! We went back to the Scotia mall, ate some more, came back at 4:00, clock was ticking...all 7 of us were there by 4:30 pm. All were very tensed, they had booked their tickets like us. 4:45 nothing yet....4:56 I got my passport, 4:59 my friends got my passport. We ran down to the reception, the security called a cab,
All of us had got the Passports. The Taxi driver (Indian) drove like crazy to get us to the airport. It was rush hour and the Bridge is packed. The most amazing driving I have seen. We got to the airport at 5:30 pm, but they didnt let us check in as the Immigration was closed. I paid 200$ for 2 if us to rebook the next available flight next morning and stayed the whole night at the airport.
-
Hope this information was useful. Too detail, but I was in the mood of writing after watching Kite Runner. Do watch it !
more...
redgreen
10-08 06:26 PM
Since H4 is a derivative visa depending upon an H1, as long as the H1 is valid you can be in that status also whether you use EAD or not. However you can not be in H1 and using EAD. You have to get a new H1 to be again in H1 after using EAD. Anyway how does it matter whether it is valid or not? It becomes a problem even for H1 visa holders, only when I-485 is rejected.
optimizer
01-15 11:15 AM
My case is also under extended review and in the same situation as other VSG/affiliate current/former employees in this thread.
Based on the current situation and discussing with other members it doesn't really look like USCIS will revoke or deny I140/I485s enmasse, but you never know.
We have followed the law and were always employed with paystubs and everything and have nothing to fear.
I have formed a yahoo group for current/former VSG employees whose GC is stuck.
Group members can share experiences and exchange ideas as we go through the pain of GC Processing.
Staying as a group we can plan to hire a powerful attorney if god forbid our situation gets worse.
I have already sent group invite to some of you to join this group. If you are interested in joining, send me a private message or email me at thebestoptimizer @ gmail.com
I believe Suvendra had posted the same question in the OTHER popular immigration forum and had some replies there.
Thanks,
Optimizer
Based on the current situation and discussing with other members it doesn't really look like USCIS will revoke or deny I140/I485s enmasse, but you never know.
We have followed the law and were always employed with paystubs and everything and have nothing to fear.
I have formed a yahoo group for current/former VSG employees whose GC is stuck.
Group members can share experiences and exchange ideas as we go through the pain of GC Processing.
Staying as a group we can plan to hire a powerful attorney if god forbid our situation gets worse.
I have already sent group invite to some of you to join this group. If you are interested in joining, send me a private message or email me at thebestoptimizer @ gmail.com
I believe Suvendra had posted the same question in the OTHER popular immigration forum and had some replies there.
Thanks,
Optimizer
more...
camarasa
07-12 05:02 PM
"and why the hell discrimination against people from only 4 countries?"
Oh please - what rubbish.
Oh please - what rubbish.
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sands_14
06-11 03:21 PM
I dont want your colour to change but media keeps writing stuff,i guess we are intelligent enough to make our informed judgements.
I do respect your view if you hold that as per your own judgement but I feel the time calls for teaming up with President rather than going after him.
This will do us good I guess.Rest, its your color,you can decide which one you want to wear:)
I do respect your view if you hold that as per your own judgement but I feel the time calls for teaming up with President rather than going after him.
This will do us good I guess.Rest, its your color,you can decide which one you want to wear:)
more...
hydboy77
10-07 06:19 PM
Yes things are really bad. You are lucky that your company is even willing to consider filing eb2 other companies are not even filling willing to file eb3 perm. They dont want to apply any perm at all. On an average DOL is taking 9 months to approve perm, if it eb2 there is a good chace of getting audited and that will takes a couple of years.
As far as I know the business necessity statement is required whenever you apply for a Eb2 requirement (MS or bachelors+5) when according to DOL the job does not require a EB2 (basically the position you are applying for perm does not require EB2 but requires eb3 according to DOL but you are saying this position requires eb2 and not eb3). almost all jobs in IT according to DOL do not fall under EB2 they fall under Eb3, so every eb2 perm has a very good chance of getting audited. This situation has been further worsened by the economy and also the line cutters who try to jump from eb3 to eb2 by reapplying. DOL has caught on to this abuse just like they caught up with the labor sale(labor substitution) and abolished labor substitution. Similarly DOL is cracking down on any eb2 perm especially those who are reapplying. Before someone asks how does dol know you are trying to jump line by reapplying in Eb2, DOL knows because of the following information they ask in ETA form
"1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
"1-A. If Yes, enter the previous filing date"
"2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"
I would really love to hear comments from ppl who can relate to this possibly with some first-hand experience in going through this stage!
My labor cert was filed just this February (been about 8 months now). The application was put in as EB2 with the minimum requirements being - Masters + 3 yrs, or alternatively, a Bachelors + 5 yrs.
Now the law firm has contacted my manager asking her to prepare a "Business Necessity Statement" for a "POSSIBLE" audit! (note the word "possible", its not really an audit yet). They want my manager to explain why a Masters and 3 years is better than a Bachelors + 5 yrs for this job, and stuff like that.
Preparing a business necessity statement if there was really an audit is understandable, but this request from the law firm makes it look like they're more than certain that there will be an audit on my application. Have things gotten that bad really? Or is our law firm just pre-emptively preparing for the worst? Just to let you know, there are other ppl at my office with my similar job profile, whose labor cert has also been applied for as an EB3 (requiring only a Bachelors and work experience).
How scared should I be realistically about the possibility of an audit? And how realistic is it in this day and age to actually get an approved labor cert after responding to a business necessity audit.
Also, here's an excerpt from the email that the law firm sent to my manager. Can anyone of you suggest what kind of "additional documentation" they are talking about including with all the explanation for business necessity?
"All business necessity arguments must be evidenced via supporting documentation. Please note that the DOL prefers �independent� forms of documentation to statements from or information created by <companyname>. Make sure to be reasonably specific and identify the sources and bases for your assertions in the context of <companyname>'s business. Independent documentation that contains financial justification(s) to substantiate the business necessity argument will be particularly helpful."
As far as I know the business necessity statement is required whenever you apply for a Eb2 requirement (MS or bachelors+5) when according to DOL the job does not require a EB2 (basically the position you are applying for perm does not require EB2 but requires eb3 according to DOL but you are saying this position requires eb2 and not eb3). almost all jobs in IT according to DOL do not fall under EB2 they fall under Eb3, so every eb2 perm has a very good chance of getting audited. This situation has been further worsened by the economy and also the line cutters who try to jump from eb3 to eb2 by reapplying. DOL has caught on to this abuse just like they caught up with the labor sale(labor substitution) and abolished labor substitution. Similarly DOL is cracking down on any eb2 perm especially those who are reapplying. Before someone asks how does dol know you are trying to jump line by reapplying in Eb2, DOL knows because of the following information they ask in ETA form
"1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
"1-A. If Yes, enter the previous filing date"
"2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"
I would really love to hear comments from ppl who can relate to this possibly with some first-hand experience in going through this stage!
My labor cert was filed just this February (been about 8 months now). The application was put in as EB2 with the minimum requirements being - Masters + 3 yrs, or alternatively, a Bachelors + 5 yrs.
Now the law firm has contacted my manager asking her to prepare a "Business Necessity Statement" for a "POSSIBLE" audit! (note the word "possible", its not really an audit yet). They want my manager to explain why a Masters and 3 years is better than a Bachelors + 5 yrs for this job, and stuff like that.
Preparing a business necessity statement if there was really an audit is understandable, but this request from the law firm makes it look like they're more than certain that there will be an audit on my application. Have things gotten that bad really? Or is our law firm just pre-emptively preparing for the worst? Just to let you know, there are other ppl at my office with my similar job profile, whose labor cert has also been applied for as an EB3 (requiring only a Bachelors and work experience).
How scared should I be realistically about the possibility of an audit? And how realistic is it in this day and age to actually get an approved labor cert after responding to a business necessity audit.
Also, here's an excerpt from the email that the law firm sent to my manager. Can anyone of you suggest what kind of "additional documentation" they are talking about including with all the explanation for business necessity?
"All business necessity arguments must be evidenced via supporting documentation. Please note that the DOL prefers �independent� forms of documentation to statements from or information created by <companyname>. Make sure to be reasonably specific and identify the sources and bases for your assertions in the context of <companyname>'s business. Independent documentation that contains financial justification(s) to substantiate the business necessity argument will be particularly helpful."
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gdilla
06-07 11:57 PM
But the letter doesn't seem to address the direct behaviour of the companies in question. Seems like a bunch of broader level issues were tackled - while true, it doesn't address H1B abuse in any way. Wasn't that the point?
more...
thomachan72
07-20 03:32 PM
Hi John, thanks for bringing this to the attention of our members. Lets hope everybody finds time to call Sen Cornyn to thank him for introducing this bill. Another thing I wanted to say is that, our members are all busy with 485 filing and stuff so we can expect a response only after the 17th of August when the excitement of 485 filing is over. Even though it was defeated it doesn't seem to be a very hated idea by the majority since 5 more votes would have made it safe. So there still seems to be a positive factor lingering around for us the "legal immigrants". Hope we are able to capitalize on it soon. IV is infact becomming stronger and more influential thanks to the dedicated efforts of the leader and the members. Pls keep up the spirit for all of us. We need vigilant people like you to do the work to spot opportunities and failures for the community. Thanks.
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kminkeller
03-09 01:51 PM
Thanks va_dude.
I completely understand that EB2 and EB3 are determined by the job requirements. I know the current job that I am going to do requires 5 years of experience and a Bachelor or Master degree. that is why I am convincing my new employer for help which they agreed to.
I can imagine that i need to do all the labor and I140 as well. But can I apply for Labor without having an H1? as I have mentioned that my H1 had been voided after getting laidoff from my first company and am working on my EAD. Is it a good idea to switch EB3 to EB2 at this point? I have an set up an appointment with a lawyer this Monday. Thanks for the advice.
I completely understand that EB2 and EB3 are determined by the job requirements. I know the current job that I am going to do requires 5 years of experience and a Bachelor or Master degree. that is why I am convincing my new employer for help which they agreed to.
I can imagine that i need to do all the labor and I140 as well. But can I apply for Labor without having an H1? as I have mentioned that my H1 had been voided after getting laidoff from my first company and am working on my EAD. Is it a good idea to switch EB3 to EB2 at this point? I have an set up an appointment with a lawyer this Monday. Thanks for the advice.
more...
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letstalklc
10-03 03:16 PM
Your's is crossed 15 month stage, so you can ask your lawyer to enquire about it...
Hope fully DOL will approve yours soon...
Good luck
Hope fully DOL will approve yours soon...
Good luck
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Macaca
12-15 11:49 AM
I have not seen the USCIS catalog for H1B rules. I assume it should be available online at the state deptt.
My lawyer told me that you are in status as long as your application is being processed by USCIS. I don't know if you are in status if you apply for H1B and the quota is over for the year. I understand that USCIS may say that your application is not under consideration.
You can not start working before the start date mentioned on your H1B.
I understand that your OPT is expiring before the start of H1B. Is this correct? I was told by HR from Sun that you have to leave the country for the period.
I remind you that I have not seen the USCIS catalog.
My lawyer told me that you are in status as long as your application is being processed by USCIS. I don't know if you are in status if you apply for H1B and the quota is over for the year. I understand that USCIS may say that your application is not under consideration.
You can not start working before the start date mentioned on your H1B.
I understand that your OPT is expiring before the start of H1B. Is this correct? I was told by HR from Sun that you have to leave the country for the period.
I remind you that I have not seen the USCIS catalog.
more...
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logiclife
04-02 10:15 AM
Somehow prove that you were undocumented(illegal) before Jan 2004 to claim that benefit.
If you were legally present and have always been legal then the benefit does not apply and you have to wait for your turn in the line for greencard.
If you were legally present and have always been legal then the benefit does not apply and you have to wait for your turn in the line for greencard.
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kondur_007
09-22 09:58 AM
I have a pending I-485 application (EB-3) and effective Oct 1, my PD will be current. My application has been pending for more than six months already so I will be covered by AC21. I never worked for my sponsoring employer but will be as soon as I get my GC.
I have a feeling that my green card is just around the corner. Spoke to my employer yesterday about my employment with them and it looks like they are changing their minds about hiring me.
I am so worried. Anybody in the same situation? What do I do? Will I lose the green card?
Well, you have two options:
1. Use AC 21 (I am assuming your 140 is approved and 485 is filed more than 6 months ago) and move to another employer BEFORE the approval of GC. With this option, neither you nor your employer would have any obligation for the job after GC approval. Your AC 21 employer is now the "new permanent job" for you after GC approval.
2. If you have good terms with the employer, ask them to hire you for at least 1-2 months after GC approval and then "fire" you. This way you would be safe. (it was not your fault but the employer fired you). Also if the employer does not pay salary mentioned in LC, you can leave them giving that reason (save the pay stubs for evidence later on, if asked for).
3. If your employer simply do not offer you a job after the approval of GC, it still would not be yoru fault. In this scenario, likelyhood is that, you will be safe. However, this technically would be a sort of misrepresentation by the employer and on that grould USCIS can revoke your GC saying that "employer falsified the initial job offer and there was really no job ever for the position mentioned on LC". While this is a possibility it is a remote possibility.
I would suggest option 1,2 and 3 in that order as "desirability" of your situation.
Again I am not a lawyer, but this is what I can suggest as far as I know.
Good Luck.
I have a feeling that my green card is just around the corner. Spoke to my employer yesterday about my employment with them and it looks like they are changing their minds about hiring me.
I am so worried. Anybody in the same situation? What do I do? Will I lose the green card?
Well, you have two options:
1. Use AC 21 (I am assuming your 140 is approved and 485 is filed more than 6 months ago) and move to another employer BEFORE the approval of GC. With this option, neither you nor your employer would have any obligation for the job after GC approval. Your AC 21 employer is now the "new permanent job" for you after GC approval.
2. If you have good terms with the employer, ask them to hire you for at least 1-2 months after GC approval and then "fire" you. This way you would be safe. (it was not your fault but the employer fired you). Also if the employer does not pay salary mentioned in LC, you can leave them giving that reason (save the pay stubs for evidence later on, if asked for).
3. If your employer simply do not offer you a job after the approval of GC, it still would not be yoru fault. In this scenario, likelyhood is that, you will be safe. However, this technically would be a sort of misrepresentation by the employer and on that grould USCIS can revoke your GC saying that "employer falsified the initial job offer and there was really no job ever for the position mentioned on LC". While this is a possibility it is a remote possibility.
I would suggest option 1,2 and 3 in that order as "desirability" of your situation.
Again I am not a lawyer, but this is what I can suggest as far as I know.
Good Luck.
more...
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Friend
02-18 10:21 PM
Unfortunately, we won't be able to do anything in your wife's matter. The people you are referring to as the ones whose cases got accepted are the ones with bounced checks. There is a difference between the manner in which USCIS treats cases with bounced checks and cases where checks are missing, are in an incorrect amount, there is a mismatch between words and figures in the check, check is not dated, check is not signed, etc.
In the first category, there is prima fascie evidecne that the check is in the proper amount, check is dated, signed, made payable to the proper authority. In those cases, the USCIS considers bounced checks as a matter for collection. The reason that there is a difference is that in the first case, the properly signed check IS NEGOTIABLE INSTRUMENT AND COMPLETELY VALID UNDER LAW.
In your case, the check was deficient because it put the party (the USCIS/Government) on notice of a defect. A party to whom a defective negotiable instrument is given with notice of the defect does not become a HOLDER IN DUE COURSE (VERY IMPORTANT UNDER THE LAW ). IN OTHER WORDS, THE CHECK LOSES ITS POWER OF NEGOTIABILITY UNDER LAW. Even if the Check is deficient that it does not affect its negotiability ( for example, check is not dated, or the check only contains the amount in words), the party to whom it is presented is under no liability to accept the check. For these reasons, THERE IS A BIG DIFFERENCE BETWEEN YOUR WIFE'S MATTER AND THE EXAMPLES YOU PROVIDE.
For this reason, I advised you to wait until the PD for your category become current again.
In the first category, there is prima fascie evidecne that the check is in the proper amount, check is dated, signed, made payable to the proper authority. In those cases, the USCIS considers bounced checks as a matter for collection. The reason that there is a difference is that in the first case, the properly signed check IS NEGOTIABLE INSTRUMENT AND COMPLETELY VALID UNDER LAW.
In your case, the check was deficient because it put the party (the USCIS/Government) on notice of a defect. A party to whom a defective negotiable instrument is given with notice of the defect does not become a HOLDER IN DUE COURSE (VERY IMPORTANT UNDER THE LAW ). IN OTHER WORDS, THE CHECK LOSES ITS POWER OF NEGOTIABILITY UNDER LAW. Even if the Check is deficient that it does not affect its negotiability ( for example, check is not dated, or the check only contains the amount in words), the party to whom it is presented is under no liability to accept the check. For these reasons, THERE IS A BIG DIFFERENCE BETWEEN YOUR WIFE'S MATTER AND THE EXAMPLES YOU PROVIDE.
For this reason, I advised you to wait until the PD for your category become current again.
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makemygc
01-07 06:59 PM
I had the same scenario and got my EAD renewed using the new passport number without any issues. What USCIS is mainly concerned about is your A# that you fill up in your EAD form.
Thx
MakeMyGC
I would like to know the answer to this question too. does anybody know?
also pkv..how many days did it take you to get the new passport?
Thx
MakeMyGC
I would like to know the answer to this question too. does anybody know?
also pkv..how many days did it take you to get the new passport?
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Sunx_2004
05-14 04:42 PM
I was under impression that there is last quarter quota still remain...
Based on below they used it all...
:confused:
I am sure this is noticed by many :
"E. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY
Demand for numbers, primarily by Citizenship and Immigration Services Offices for adjustment of status cases, is expected to bring the Employment Third preference category very close to the annual numerical limit in June. As a result, this category is likely to experience retrogressions or visa unavailability beginning in July. Such action would only be temporary, however, and a complete recovery of the cut-off dates would occur for October, the first month of the new fiscal year. "
Based on below they used it all...
:confused:
I am sure this is noticed by many :
"E. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY
Demand for numbers, primarily by Citizenship and Immigration Services Offices for adjustment of status cases, is expected to bring the Employment Third preference category very close to the annual numerical limit in June. As a result, this category is likely to experience retrogressions or visa unavailability beginning in July. Such action would only be temporary, however, and a complete recovery of the cut-off dates would occur for October, the first month of the new fiscal year. "
shana04
07-21 09:05 AM
Friends / Gurus,
Please advice or suggest.
Here is my situation, filed I 485 in July 2007 and No FP done.
Called USCIS in Mar 2008 and opened a SR and got SR for my self in hard copy and an email for my wife that some one contacted about your case for FP and a notice will be mailed to with specific time and date.
And I waited this long and no notice has arrived for me and dates are current in Aug 2008.
Today (July 21 2008) I called USCIS and used the following menus.
2-6-1-(Enter Receipt Number)-1-1-3-1
And a representative has greeted very well and asked bunch of questions and asked to answer yes or no (no details just yes or no)
Then she said as the Background Clearance has not been done for my case, they would not send the FP. And to open a SR I have to wait at least 441 days from Receipt date of I485 to open SR.
When I asked about my wife's case, she replied the same in no FP has done then probably she has not got her background clearance yet. so need to wait for 441 days for her case too.
Then I said my dates are current and if no FP done then I would loose my chance and she replied that until background clearance is done no FP will be sent and they would not touch the case until then.
Friends / Gurus, any advice or please let me know how to follow up on this. I do not want to loose this opportunity.
Thanks in advance.
Shana
Please advice or suggest.
Here is my situation, filed I 485 in July 2007 and No FP done.
Called USCIS in Mar 2008 and opened a SR and got SR for my self in hard copy and an email for my wife that some one contacted about your case for FP and a notice will be mailed to with specific time and date.
And I waited this long and no notice has arrived for me and dates are current in Aug 2008.
Today (July 21 2008) I called USCIS and used the following menus.
2-6-1-(Enter Receipt Number)-1-1-3-1
And a representative has greeted very well and asked bunch of questions and asked to answer yes or no (no details just yes or no)
Then she said as the Background Clearance has not been done for my case, they would not send the FP. And to open a SR I have to wait at least 441 days from Receipt date of I485 to open SR.
When I asked about my wife's case, she replied the same in no FP has done then probably she has not got her background clearance yet. so need to wait for 441 days for her case too.
Then I said my dates are current and if no FP done then I would loose my chance and she replied that until background clearance is done no FP will be sent and they would not touch the case until then.
Friends / Gurus, any advice or please let me know how to follow up on this. I do not want to loose this opportunity.
Thanks in advance.
Shana
rb_248
09-08 02:45 PM
Got the cards in the mail. My online case status says the application is still pending.
Folks (those whose PDs are current this month),
Check with your attorney, in your mail boxes along with the online USCIS case status. You may get the good news in your mail box or from your attorney's office before your status is updated online.
This is what my attorney had to say:
The USCIS online status system is maintained by contract workers and is often inaccurate.
Folks (those whose PDs are current this month),
Check with your attorney, in your mail boxes along with the online USCIS case status. You may get the good news in your mail box or from your attorney's office before your status is updated online.
This is what my attorney had to say:
The USCIS online status system is maintained by contract workers and is often inaccurate.
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