GC_Wait2002
07-14 12:43 PM
bump:::confused:
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gc_on_demand
03-19 11:52 AM
I came in USA on H1 visa and continued in that status till 2008 (six years). Company A sponsored a green card for me in 2003 for a position different than the one on my H1B based on future employment opportunity/position. My I-140 was approved in early 2007 and after applying for my I-485, I got my EAD and AP in August 2007. However since I was working on H1B with another company at that time, which was valid till June 2008, I did not use my EAD and worked till my H1B lasted. As my H1B expired, my status while living in US as per my lawyer changed to AOS pending.
I took a couple of months off and visited India. Came back to US without a problem using my AP. Looked to start a business but did not succeed due to economic condition. I still maintained an honest intent to join the sponsoring employer when I get my GC and vice- versa with regard to the sponsoring employer. To earn living therefore, I joined another company for a couple months in a similar field using my EAD but did not use AC21 (as a full time primary job). That job did not last long and now I am again looking for employment opportunity.
I visited my lawyer recently with current situation and a few questions and he said I can be in deep trouble - being unemployed mostly since leaving my H1B status and having worked for another company for those few weeks in a job capacity that was a bit different than the one on my petition. He said I could be deported too if my luck is bad in this case. I request you to advise me whether what happened was really wrong and if I can correct it anyway? As corrective measure, my lawyer says that with immediate effect either I should join the green card sponsoring employer or find another employer with similar job offer (willing to port my Green card) - to avoid hard quuestions with USCIS. In this economy, nobody wants to take extra burden. But I spoke with my GC sponsor. He said the job is there for me like before and he is willing to write a letter of intent to hire me on permanent basis currently or in future if required to whosoever concerned but would prefer to wait a few months giving the crunch in business these days.
WHAT SHOULD I DO? Would the letter suffice the honest intent on both sides regarding the employment offer? Can I afford to take a little more time find a simmilar job? PLEASE SUGGEST.
if you want help update profile first
I took a couple of months off and visited India. Came back to US without a problem using my AP. Looked to start a business but did not succeed due to economic condition. I still maintained an honest intent to join the sponsoring employer when I get my GC and vice- versa with regard to the sponsoring employer. To earn living therefore, I joined another company for a couple months in a similar field using my EAD but did not use AC21 (as a full time primary job). That job did not last long and now I am again looking for employment opportunity.
I visited my lawyer recently with current situation and a few questions and he said I can be in deep trouble - being unemployed mostly since leaving my H1B status and having worked for another company for those few weeks in a job capacity that was a bit different than the one on my petition. He said I could be deported too if my luck is bad in this case. I request you to advise me whether what happened was really wrong and if I can correct it anyway? As corrective measure, my lawyer says that with immediate effect either I should join the green card sponsoring employer or find another employer with similar job offer (willing to port my Green card) - to avoid hard quuestions with USCIS. In this economy, nobody wants to take extra burden. But I spoke with my GC sponsor. He said the job is there for me like before and he is willing to write a letter of intent to hire me on permanent basis currently or in future if required to whosoever concerned but would prefer to wait a few months giving the crunch in business these days.
WHAT SHOULD I DO? Would the letter suffice the honest intent on both sides regarding the employment offer? Can I afford to take a little more time find a simmilar job? PLEASE SUGGEST.
if you want help update profile first
sathweb
01-13 05:14 PM
Hi,
I have two I-140 applications and both are from my current emplyer. One was a regular I-140 and the other was a substitute I-140. Both got approved on the same day. Regular had a PD of 04/2007 and substitute had 11/2004.
The regular got approved with PD of 04/2007 and substitute also got approved with 04/2007. So now what are my options of using the 11/2004 PD.
I was expecting USCIS to approve both applications with 11/2004 instead.
Thanks!!
Here is my understanding of the law regarding the priority date:
In Substitution cases, USICS supposed to assign you the I-140 application Receipt Date as your Priority Date. But for years USCIS has been assigning the original LC Receipt date. No one complained, USCIS continued doing that. Now if you ask them to review your case, the first preference for them would be to defend their decision, so they may send you the section of the law that explains what I said above.
Having said that, I suggest you to appeal. I seriously doubt it will have any negative effect on either of those cases. They can revoke approved I-140 only if there is a fraud involved.
Go ahead and appeal, try your luck.
Best of luck bud.
I have two I-140 applications and both are from my current emplyer. One was a regular I-140 and the other was a substitute I-140. Both got approved on the same day. Regular had a PD of 04/2007 and substitute had 11/2004.
The regular got approved with PD of 04/2007 and substitute also got approved with 04/2007. So now what are my options of using the 11/2004 PD.
I was expecting USCIS to approve both applications with 11/2004 instead.
Thanks!!
Here is my understanding of the law regarding the priority date:
In Substitution cases, USICS supposed to assign you the I-140 application Receipt Date as your Priority Date. But for years USCIS has been assigning the original LC Receipt date. No one complained, USCIS continued doing that. Now if you ask them to review your case, the first preference for them would be to defend their decision, so they may send you the section of the law that explains what I said above.
Having said that, I suggest you to appeal. I seriously doubt it will have any negative effect on either of those cases. They can revoke approved I-140 only if there is a fraud involved.
Go ahead and appeal, try your luck.
Best of luck bud.
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learning01
05-15 09:38 AM
Bloomberg story at International Herald Tribune: U.S. firms press Congress to open door to technology workers (Link (http://www.iht.com/articles/2006/05/14/bloomberg/bximmigrate.php))
Credit goes to Learning01 for initiating contact with Bloomberg and helping us with this
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Credit goes to Learning01 for initiating contact with Bloomberg and helping us with this
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more...
meridiani.planum
09-21 11:16 PM
Hi, I am from India and applied for GC under EB2.my priority date is 01-21-2-2007.I filed concurrently I-140 and I-485 in july 2007. got my EAD and using it.EAD is valid for one more year.I-485 is still pending. my wife have filed a case against me in India.The indian court issued non bailable arrest warrent against me. I am not going to India to attend the court proceedings.Now the proceedings and non bailable arrest warrent against me is pending in indian court since 2 years. my indian passport has impounded by ministry of external affairs, India. The interpol in india has sent extradition papers to Interpol, washington D.C. there is no red corner notice issued against me. my questions are:
1. if My wife informs USCIS that the court proceedings and non bailable warrents are pending against me in Indian court, and my passport was also impounded by gove of india, does the USCIS reject my green card?
2) as my record is with interpol, washington D.c , when FBI name checks happens, does FBI find my name in interpol data base and inform USCIS about it?
3) As I applied green card based on my Indian passport, when my passport is under inpounded status , does USCIS consider my passport status to issue gC?.
Kindly advise me.
Thanks in advance.
you need to sort out this case asap. If not for the FBI namecheck, then you can also get stuck at any time with Interpol (Getting a GC is not going to avoid a deportation).
If your case is approved without an interview, you dont need the passport right there, but if called for interview you will need it.
You cant travel anywhere without that passport, and for all other proofs related to status or immigration also you need both teh passport as well as the GC.
Also, depending on what you have done, you might even already be disqualified for a GC:
Moral turpitude - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Moral_turpitude)
1. if My wife informs USCIS that the court proceedings and non bailable warrents are pending against me in Indian court, and my passport was also impounded by gove of india, does the USCIS reject my green card?
2) as my record is with interpol, washington D.c , when FBI name checks happens, does FBI find my name in interpol data base and inform USCIS about it?
3) As I applied green card based on my Indian passport, when my passport is under inpounded status , does USCIS consider my passport status to issue gC?.
Kindly advise me.
Thanks in advance.
you need to sort out this case asap. If not for the FBI namecheck, then you can also get stuck at any time with Interpol (Getting a GC is not going to avoid a deportation).
If your case is approved without an interview, you dont need the passport right there, but if called for interview you will need it.
You cant travel anywhere without that passport, and for all other proofs related to status or immigration also you need both teh passport as well as the GC.
Also, depending on what you have done, you might even already be disqualified for a GC:
Moral turpitude - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Moral_turpitude)
arc
10-25 04:03 PM
^
more...
ragz4u
04-10 09:30 AM
Bump ^^^
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sriramkalyan
04-02 03:40 PM
Land at Mexico City ... Hire Taxi to enter US at Elpaso ..If any one is scared of being stopped at Point of Entry ... Just don't pee when u see drug cartels
more...
dhesha
08-14 08:04 PM
One of my friend got "Card Production Ordered" email. He is EB2-I, PD Jan 2006, RD- Sep 30 2007, NSC.
Mine is Dec 2005 and still waiting. So what is going on with NSC? Are they also doing the same thing that TSC is doing? latest cases first?
Mine is Dec 2005 and still waiting. So what is going on with NSC? Are they also doing the same thing that TSC is doing? latest cases first?
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shreekhand
07-25 05:23 PM
He is not supposed to give you the entire document. Please read the instructions carefully printed on the upper portion !!
Something does not sound right here. How can the employer "misplace" the upper portion of the approval notice? In the first place, why did he even separate the upper portion and the lower portion? He is supposed to give you the entire document as a single piece of paper.
Some thing really does not sound right here. By law, he is required to give you the approval notice.
Something does not sound right here. How can the employer "misplace" the upper portion of the approval notice? In the first place, why did he even separate the upper portion and the lower portion? He is supposed to give you the entire document as a single piece of paper.
Some thing really does not sound right here. By law, he is required to give you the approval notice.
more...
arc
10-25 04:01 PM
^^^
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08-20 03:11 PM
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Edit: Man, a second look at it and I think it might be too light...
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tabaching
10-22 09:34 AM
Hey kumarc123,
Thank you.
Actually, there is a stamp in the passport at the time of entry to US (Dec 2007). And they can verify that. That's why we entered Dec 2007 as the last entry date in I-485 form. It's just that I-94 has the old date (Feb 2005). We're hoping this won't cause any trouble during the interview.
Hope I didn't confuse you.
Thank you.
Actually, there is a stamp in the passport at the time of entry to US (Dec 2007). And they can verify that. That's why we entered Dec 2007 as the last entry date in I-485 form. It's just that I-94 has the old date (Feb 2005). We're hoping this won't cause any trouble during the interview.
Hope I didn't confuse you.
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andy.jones110
10-11 10:32 PM
Hi srinivas72,
1.Do you got your Visa Transferred?
2.H1B Extension, I94 Expired, H1B transfer before H1B extension. When can I start working with new employer ..after getting receipt or after getting approval.?
Thanks in advance.
1.Do you got your Visa Transferred?
2.H1B Extension, I94 Expired, H1B transfer before H1B extension. When can I start working with new employer ..after getting receipt or after getting approval.?
Thanks in advance.
more...
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texasguy
06-13 11:58 AM
Thank you all for your prompt reply.
We have the police report and I filed e-filed I-90 replacement application.
Hopefully, this situation does not happen to anyone.
Thank you all once again.
We have the police report and I filed e-filed I-90 replacement application.
Hopefully, this situation does not happen to anyone.
Thank you all once again.
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perm2gc
10-04 06:47 PM
I am from India and lived in Brussels, Belgium between 2000-2002 before being transferred by my Indian IT company to work in US on H1. Here are some facts on Brussels:
1. Quality of Life: Good place to live, friendly people, close to major cities like Paris, Amsterdam and London.
2. Cost of Living:
Apartment Rent: 900-1000 Euros per month
Lease terms: 6-12 months
Transportation: Public (Bus, subway, trains). You don't need a car.
Some companies offer a car+gas card as part of the overall
compensation package.
3. Salaries: Around Euros 35-45K per year (IT related)
Taxes: More than US (Around 30-35%)
Health Insurance: None
Vacation Time: 20-30 days an year
Education:Schools are mostly french medium. International schools
(English medium) are more expensive.
Desi/Indian population: Limited
4. Additional Information: Good to learn French as it helps in dealing with local people but a lot of them also speak English.
Good info..thks
1. Quality of Life: Good place to live, friendly people, close to major cities like Paris, Amsterdam and London.
2. Cost of Living:
Apartment Rent: 900-1000 Euros per month
Lease terms: 6-12 months
Transportation: Public (Bus, subway, trains). You don't need a car.
Some companies offer a car+gas card as part of the overall
compensation package.
3. Salaries: Around Euros 35-45K per year (IT related)
Taxes: More than US (Around 30-35%)
Health Insurance: None
Vacation Time: 20-30 days an year
Education:Schools are mostly french medium. International schools
(English medium) are more expensive.
Desi/Indian population: Limited
4. Additional Information: Good to learn French as it helps in dealing with local people but a lot of them also speak English.
Good info..thks
more...
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usgc07
02-15 08:35 AM
As you all know, spouse of a greencard holder does not get any visa.
So the option is to see if H1B visa can be obtained.
She has the right qualification and work experience.
Thanks
So the option is to see if H1B visa can be obtained.
She has the right qualification and work experience.
Thanks
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yestogc
05-05 04:24 PM
yes 100% true, more salary is no concern. Designation and job roles is the key.
For marriage, attach
Marriage certificate, any joint accounts that you may have, marriage photos
For marriage, attach
Marriage certificate, any joint accounts that you may have, marriage photos
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hyddsnr
04-30 08:45 PM
I am not sure if this question being answered in this forum.
Need experties if any one have this situation.
Employer: X (Old Employer)
Labor - EB2
PD - Sept , 2006
I-140 Approved
Employer : Y (Current)
Labor : EB3
PD : May 9 2003I
1-140 Approved
I-485 : Pending
Q : Is it possible to change/port category EB3 - EB2 and keeping the EB3 Date of 2003
Q : How is the apeal done considering I-485 is already filled.
My Attorney says better to file fresh EB2 with current company.
Please reply with your experties or if being deal with this one.
-Thanks
Potrero
Hi,
Mine is same case, but with same employer, In my case my attorney used below law.PD is done successfully and got GC . But it took nearly 1 year time. I don't think we need to apply new EB2. But anyways talk to experienced lawyer who has done PD earlier.
According to 8 C.F. R. 204.5(e), When a Beneficiary has multiple approved I-140 petitions,
he is entitled to the earliest priority date....
Need experties if any one have this situation.
Employer: X (Old Employer)
Labor - EB2
PD - Sept , 2006
I-140 Approved
Employer : Y (Current)
Labor : EB3
PD : May 9 2003I
1-140 Approved
I-485 : Pending
Q : Is it possible to change/port category EB3 - EB2 and keeping the EB3 Date of 2003
Q : How is the apeal done considering I-485 is already filled.
My Attorney says better to file fresh EB2 with current company.
Please reply with your experties or if being deal with this one.
-Thanks
Potrero
Hi,
Mine is same case, but with same employer, In my case my attorney used below law.PD is done successfully and got GC . But it took nearly 1 year time. I don't think we need to apply new EB2. But anyways talk to experienced lawyer who has done PD earlier.
According to 8 C.F. R. 204.5(e), When a Beneficiary has multiple approved I-140 petitions,
he is entitled to the earliest priority date....
perm2gc
08-28 05:16 PM
I am a lil bit confused here. If there is a job that requires little or NO EXPERIENCE, would it be hard to find a US Citizen?Not at all ..
xyzqwer
01-23 07:12 AM
Apply for CP asap it takes about 6 months from the date of application to get the GC if you are current. In the meanwhile re-assess your situation and apply for the H1-B in the interim you may have a denial but the CP is still in queue and H1-B rejection has no bearing on the CP application. If and when you are alloted the number for the resident status they cannot deny your GC on any other reason but that the company was a fraud or your petition had fraudulent information. If you do not meet the conditions above then your app is in jeopardy. Hope this helps. Good Luck
Thanks for the reply! That was very helpful .
Do I still have to be employed by my original sponsor when i get the appt after 6 months?
If I return to the US in a few months do I still have to option of filing 485 even though I've already applied for CP in India?
Thanks for the reply! That was very helpful .
Do I still have to be employed by my original sponsor when i get the appt after 6 months?
If I return to the US in a few months do I still have to option of filing 485 even though I've already applied for CP in India?
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