Thursday, June 9, 2011

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  • FinalGC
    05-10 04:50 PM
    I do not think USCIS declares that as a status, since u r in "LIMBO" status when in EAD or doing adjustment of your status, from previous to current.

    If something negative happens to your case...you immediately become illegal status......So this is why all lawyers recommend to keep your h1 status valid, when you file your 485. Getting into EAD is a risk, which some bold take and survive, others like me who try to play safe....stay on H1 until the 485 is approved.





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  • permfiling
    10-20 11:56 PM
    Thank you Prashanthi for your reply.

    I have a letter (it's in email format) that shows my lay-off is because of "lack of work". However, this letter is for the time before my GC was approved. I suppose that I need to get a letter from the company dated sometime after my GC approval date in order to present that in the time my citizenship process to justify that the job offer was not speculative; right?

    That might also possible to get a letter from the company that shows they are willing to hire me in case there's a new project; thanks for your comment on this.


    I think as Attorney Prashanthi mentioned, uscis might consider the current economic situation as well but b/w now and 5 yrs uscis might have updated laws too.





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  • indianindian2006
    07-28 02:00 PM
    I got the same LUD on AP on 7/27/2008
    EB2 India PD 04/2006.





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  • gcisadawg
    06-25 11:05 PM
    Hi,

    I have posted the same issue in another thread but i did not get any response So I'm changing the title and reposting.

    I have been working for my current employer from last 4 years.I have good relations with my employer.I have 140 approved and my 485 is pending for more than 180 days.Now I want to join any new employer using my EAD.But I don't want to invoke AC 21.If my dates are current again and if i get any RFE I will submit the offer letter from my old employer.

    My case is I'm using EAD after 140 is approved and 485 is pending more than 180 days and joining a new employer.As GC is future employment I can always say that I will join my old employer when ever i get a GC.This way I can avoid AC 21. Also If my employer doesn't give me the offer letter I can still manage to get it from any Consulting firm with same job title and same salary.

    Can any one suggest me on this?



    Thanks
    h12gc

    Although you dont realize, in this case, you would be using AC21....Your I-140 is approved and I-485 pending for 180 days, and you are moving from your original GC sponsor to a different employer. That is AC21 for you! The part of law that allows you to port your GC from original GC sponsor to a different employer.

    Think of this scenario. You work for Company A on H1/L1. Company B sponsors your GC. You join B after you get your GC. In this case, there is no Ac21 involved. But in your case, according to my understanding, you would be invoking AC21.

    Thanks!



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  • HRPRO
    02-23 10:33 AM
    Carry the following
    - As many past W2 as you can
    - Atleast last 6 paystubs
    - All your previous H1B which shows you were always in status
    - Current H1B if applicable
    - Letter from HR of current company stating that you are a full time employee if applicable
    - Copy of 485 receipt notice if available
    - Copy of 140 receipt notice if available
    - Copy of Labour if available

    Plainspeak,

    I dont think he/she is going for his/her stamping, so I dont see a need for all the other documents listed. Depending on the flight being taken, a transit vis may be necessary





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  • srkamath
    07-18 05:18 PM
    such mistakes are not uncommon, i have seen instances in the past where they will accept corrections if you write a letter with a clear explanation. A note of caution when i called USCIS in the past to inquire about sending corrections, they cautioned me to wait until i have a receipt, they said, otherwise the stuff may get lost in mail and will be un-traceable.
    Don't worry too much - it is usually correctable.



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  • questions
    06-06 02:02 AM
    Hi Bhatt,

    thank you! :)
    I am pretty excited as this was the best thing I could hope for at this point. I have entered the DV before and was never selected.
    I wish I could afford a lawyer to assist, but that doesn't seem to be an option for me right now.
    Anyone has any ideas and the turn around time once I have submitted the paperwork and when to hear back from them for an interview?





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  • hoolahoous
    07-15 01:43 PM
    thats weird!
    watchout buddy, some chick working at USCIS might be attracted to you and wants to get your new pics for every application you make.... :D

    dang !! if know the chick, I will send my video next time.. maybe I will get green card !!
    actually some people I know recently got their green card even though their PD was not current.. I will ask them if they sent their video.. LOL !!

    But it is really alarming.. USCIS seems to be making rules on the fly.. what next ? you need to send paper applications in different colors next time ?
    It is really not very funny when you have to leave your job because your EAD god delayed because of this new 'rule'.. happened to my cousin. he had to leave the job because EAD got delayed. not only that, since he is working at hospital, his residency got extended for delayed period when he was not working.. not fun ..

    vin13
    in cousin's RFE the reason by USCIS exactly said that they had used the same photo in visa so they need to send new photos. My attorney also said recently he has seen USCIS asking for 'unused' photos in most of the cases, that's why he is requesting new photos from all his clients.



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  • sriniks
    12-07 06:01 PM
    For the status question, your wife doesn't need EAD. Pending I-485 or AOS is a valid status to stay in the US. That said, some states like CA doesn't take I-485 receipt notice as a valid document for issuing license. They asked for EAD. So if your wife needs to drive she may have to get EAD.

    For your second question, I assume the PD is still current. If thats the case, I would suggest taking infopass and find out the status. If you didn't get any satisfactory info, contact your senator/congressperson , ombudsman, open an SR etc. Don't sit idle waiting for USCIS to act.

    Thank you yagw. Yes, the PD is current. Are there any restrictions on when we're eligible to take infopass? Like waiting for a certain period of time after the last appointment. For instance, when I called in, the representative refused to open an SR because it's not 90 days since our last appointment. Infopass is taken through the USCIS web site, right? The officer indicated we should be able to get a GC stamp in the passport until we get the card. It sounds odd to me. Anybody heard this happen before?

    I wish I had applied for the EAD. I'm not sure what to do about the DL (we're indeed in CA). I'll try with the DMV and see if they'll renew without the EAD.

    thanks!
    srini





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  • Dhundhun
    07-13 10:23 PM
    Hi Everyone,

    Is it really necessary to inform USCIS of change of address.

    Do mails,notifications or cards from USCIS get forwarded to the new ADDRESS like all other mails.

    Will appreciate your views.

    Mails from USCIS are not forwarded. They are returned back to USCIS.



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  • quizzer
    01-01 09:57 PM
    Hi,

    My first passport was issued on mar 31 1998..with expiration date of 30 mar 2008. I lost this passport and one more (obtained thru tatkal in india) and the latest passport (also issued thru tatkal in india) has issue date of 1 nov 2003 with expiration date of 30 mar 2008 (same expiration date as the original passport).

    My question is should i be applying for passport renewal or a new one at Indian consulate SFO (i stay in that jurisdiction)

    If renewal, will they just endorse the new expiry date as 30 mar 2018 (i.e will i get back the same passport)?

    Pls clarify this?

    Regards





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  • sanju
    11-27 11:36 PM
    Hi,

    My employer "ABC" (Consultancy) based in Ohio made me sign a Cognovit Promissory Note for 'X' amount ( where 'X' is a pretty large amount) on my arrival to US on H1-B visa earlier this year. I've been associated with him for less than an year now.

    Question:
    Does this note have any significance according to US law, esp. Ohio?
    If I plan to move from this consultancy, can this note be held as a Legal Document and any legal action taken against me based on this note?

    What is my way out of this?

    I would be highly obliged if anyone can provide any help on this matter.

    Regards
    Chint001

    If he goes to court with that promissory note, you can file lawsuit in labor court saying that he is exploiting you and making you hostage of the promissory note. If challenged in court, the judge will throw out that promissory note as the employer used his power over you to sign that agreement. If there is any pressure used to make someone sign a document, the validity of that document can be challenged. Also, exploitation lawsuit will expose your employer to summons and checks from USCIS and DOL, which basically means close of business.

    If I were you, this is what I would do. Consult an attorney in Labor law domain and ask him to represent you. Find another employer, change the H1, then tell your lawyer to call this employer for exploitation charges. It is possible that you may be able to get damages and compensation for exploitation.



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  • hebbar77
    09-16 12:25 PM
    I am not sure if there is a law that requires us to stay with the GC employer after getting GC. However, many lawyers have suggested a general rule of thumb of at least 6 months after getting GC approval.

    However, the rule that can be invoked to prove you have stayed with the GC sponsoring company could be the 245(i) which requires a 180 days after filing 485 application, which I believe many of us must have already abided by.....


    I heard it is 6 months from many sources(no-attorney ). The rule is you should have had genuine intention of working for sponsoring employer after GC. Eg , if you switch in a week after GC, it is obvious you did not have such intention....
    6 months is long enough for me if I were to switch. But of course you need to have something better than current thing to switch!!
    Also have a genuine unforseen reason due to which you need to leave your sponsoring GC employer.

    Note : I am not a attorney...





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  • for_gc
    04-07 06:42 PM
    Just sent you a PM.



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  • AZ_GC
    09-06 01:31 PM
    Hello Augustus,

    Please provide more information like PD, ND and other filing dates.





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  • manfrmind
    04-01 02:11 PM
    Do you know which attorneys sent this E-mail? Can you please post those E-mails after removing personal details?

    "===============================================
    It is advised to all the employees not to travel out of the country for visa stamping nor vacations, if it can be avoided. Right now, there are reports of many visa denials at the consulates abroad and even the US Port of Entry. Unless it is absolutely inevitable, travel should not be undertaken.

    If travel is a must, it is advised to the employees to carry the following supporting documents:

    1. Employer provided copies of recruitment activity stating that they attempted to hire US citizens but failed - THIS WILL BE HARD TO ESTABLISH
    2. The usual check list for H stamping and employment verification at the US port of entry

    The general advise is even for AP holders (Advance Parole) to refrain from traveling outside the US, if you can.
    "===============================================



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  • rkg000
    05-13 09:10 PM
    This might delay your GC for another 2years. Mainly due to security concerns after 9 / 11. Better option is to get your GC and then apply as family. Will take at least 4 to 5 years.

    When your dates become current, you can apply your spouse's 485. I am not 100% sure but you will even have a chance to apply your spouse's 485 within a month if your GC were to be approved on the very first day of dates becoming current. You can check about this with your attorney.

    Usually there could be about a month's delay between your GCs.





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  • ragz4u
    04-14 08:40 PM
    Thanks





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  • dilbert_cal
    07-11 03:19 AM
    Emigration or Immigration ?? Isnt there a difference between the two ;-)

    As per m-w.com
    Emigrate :-
    Etymology: Latin emigratus, past participle of emigrare, from e- + migrare to migrate
    : to leave one's place of residence or country to live elsewhere <emigrated from Canada to the United States>

    Immigrate :
    Etymology: Latin immigratus, past participle of immigrare to remove, go in, from in- + migrare to migrate
    intransitive verb : to enter and usually become established; especially : to come into a country of which one is not a native for permanent residence

    Hope the writer of the article knows the difference too....





    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.





    piyu7444
    04-11 12:47 AM
    If EAD expires and you do not get a new EAD (which was applied in a timely manner) can you still work and get your pay Chq?



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