Sunday, June 12, 2011

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  • watertown
    03-04 11:02 AM
    Gurus,

    I'm in Boston area and would like to know your opinion if I should file WOM!!!!

    My case was filed in Aug, 2006 and I-485 was transferred to local office for interview on May 22, 2007. The interview went well and the lady officer indicated that I should get my card in 1 month!! That day was so nice!!!

    Anyway, the reason for interview was I guess the previous I-485 submitted by my ex-wife after our seperation to put me in trouble in 2001 but I never took any benefit for that and I hand-delivered a letter to the IO when they asked me to come for interview in 2002. I explained that it should have been abandoned coz I sent letter even at the time for finger-print notice! Long story short, my ex and I had fight and I called the cop who took both of us to the custody and in the morning let us go. I didn't see the judge and.

    So on this last I-485 (EB-2 ROW) I answered the question NO of if I had ever filled any immigration petition and NO to if I had ever been arrested.


    Last year I was getting anxious when the card didn't arrive and Infopass told me that I was stuck in FBI-name check! I asked the congressman Ed Markey and his office told that my name check was cleared in Dec, 2006!!! I took another Infopass and again IO told me about Namecheck but when I told him about the info provided by Congressman, he then told me that it was going thru additional review!!

    Now , guys....hsall I file a WOM? Whats your take?




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  • ChainReaction
    02-21 12:06 PM
    Satish,
    Did you see these updated today (2/21) ?

    Where did you see that ??

    Thanks

    I am also looking for the update, can someone post the url for the site.




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  • OLDMONK
    07-08 08:44 PM
    You don't have to. But if your case is straight forward files last 3 w2's. If you did have some out of status time or lower than usual wages in recent years, just file the most recent one + 3 paystubs.

    My point is why conceal details if you are ok. Filing before an RFE might preempt RFE.

    Being a stright foward case help USCIS decisions a big way, I have personally experienced this at my 140 stage.




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  • snathan
    05-19 03:06 PM
    I believe that @GCFrenzy your suggestions are good. For any business visa it is definitely a basic requirement to have a letter stating all the information that you are mentioning. I had also worked for a large Indian company and my first visit to US was on B1 this was immediately after 9/11 and the client gave a very similar letter in those days however you did not go to the consulate for stamping. Also if the company can state the duration of the trip and substantiate with a return ticket the chances of approval will be much higher the duration should be less than 5-6 weeks. Issuing visa is always in good faith and at the discretion of the VO. @Nathan I think it would not be correct to generalize even though what you are saying is correct because many genuine people are affected due to the collateral a damage. Think of this many people when they applied for F1 also stated in good faith that they will return to their home countries after their studies but most of them are still here and many of them on immigration forums :).

    I am not aginst the OP or generalizing the B1 abuse. I am stating my opinion of what could be the reason behind the denial. You know, now a days even people are getting 221g for the H4 stamping. It does not matter what visa you are going for, the US consulates just looking for a execuse to reject. Not only in India, there are lot of people getting 221g in Canada, and got stuck up there.



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  • WeShallOvercome
    11-06 04:11 PM
    I see that for EB2 the PD is 01 APR 2004 now. I want to know if I-485 approvals is linked to this PD date or they will work independent to these days.



    Thanks,
    Sury

    -------------------------------
    PD : Feb'07
    I-140 - Pending
    I-131 - Approved
    I-485 - Pending
    Center: TEXAS SERVICE CENTER

    Recieved EAD Card and FP done.
    -------------------------------



    Poor guy/gal just asked a simple question.....

    Sury, The PDs need to be current for I-485 filing AS WELL AS approval.




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  • sina
    04-16 10:28 AM
    Hi Hope2007,

    Did you talk to your attorney? How were you able to do so?
    My attorney says I can do so, I have asked him how.
    Our corporate office handles all and I do not have any information about this. I hope my attorney is correct and I do not find myself in trouble after I change location.
    Please post hope2007 if you know how this is possible.

    Thanks



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  • sakuhito
    07-24 02:33 AM
    I think if you tell us what field you are in, perhaps someone can refer you to a company and tell you what company you might be able to work for which is non-profit.




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  • jsporn
    03-18 10:48 AM
    test



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  • dilbert_cal
    07-05 03:09 PM
    Hello,
    I am in desparate need of some advice. I have an approved I-140 (11/28/2006) and my 485 was filed under my wife's GC application in June 07. I would like to leave my current company A and join another company B asap. I have 3 days to accept the offer.

    a. Is it possible for me to port my I-140 to company B?
    b. If its possible will i be able to keep the PD?

    I did some research on the AC21 act and it seems that its ok to move companies after 180 days of getting the EAD card. But I could not figure out if the I-140 could also be ported over to company B.

    Thanks in advance.

    If you have a copy of the approved 140, you can try to port your PD to the new company. To do this, you would need to file a new labor with Company B and then when you file your 140, you would be using the old approved 140 to port PD.

    However, you mentioned that you have filed 485 as a secondary applicant. Your wife is the primary applicant. AC21 is applicable to primary applicant - i.e. your wife can only change her job after 180 days of filing 485 ( and not getting EAD ). You can change your job as many times as you want on your EAD ( but probably you havent received your EAD yet ).

    To be on the safe side, it doesnt hurt to file a new labor and port your PD.




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  • GooblyWoobly
    07-18 06:14 PM
    I have couple of questions, couldn't find answers in other threads.

    1. My I485 was filed on July 9th, 2007 (PD Oct, 2005) without EAD/AP (since my lawyer was expecting a rejection). Now, he will apply for EAD/AP, and cannot do it until we get a receipt for AOS, which will probably take more than a month. Given this, I'll be applying for EAD possibly in August end. Is this a blessing in disguise, as, I'll have to pay new fees for EAD, which would mean, I won't have to renew that EAD every year?? Am I correct in this assumption?

    2. My spouse's AOS was filed with mine as dependent. She has a H1 of her own and is working. Now, after the I485 receipt comes back, if she leaves her job, will she be in status (or does she need to move to H4? I'll stay on H1 and won't invoke EAD unless necessary). My understanding is, with the receipt, she is in status no matter what (unless the I485 gets denied).

    TIA.



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  • ram_ram
    06-08 02:16 PM
    Not possible. You can carry your PD once the 140(based on the labor that has the PD) is approved. Not the other way..




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  • asharda
    07-13 10:47 AM
    Its a good idea but make sure you guyz are comfortable. It must be hot out there.
    Have every one wear white as the color of peace/silent protest/sadness.



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  • jnraajan
    01-08 04:57 PM
    Thanks Sanjay02.

    Another follow-up question.. I'm planning to file for EAD, which passport number should I use in this form ?
    If I use new one(which is valid), isn't it in contra with AOS application?

    Has anyone faced this situation ?

    I used my new passport number and never had any issues. In fact, I also had filed for an H1b extension with the new passport. so, Dont worry




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  • a_yaja
    07-30 03:43 PM
    If you don't know the answer, please don't reply. Just because this person asked about getting GC through his/ her baby, it does not mean the person is here illegally or if even this person is in the US. I friend of mine died in an accident in Mumbai and he is survived by his wife and two kids (the kids were born here in the US). His wife asked me the same question and after asking my lawyer, I had to tell her that there is no way she can apply for GC through her children unless her children turn 21.



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  • ajju
    10-13 05:57 PM
    But ksircar, instead of accepting can't we raise red flags to USCIS?
    This is going to be an issue for lot of folks who all filed for I-485 in the last year July fiasco. We will be forced renew every time. Only by giving 2 years is just a temporary postponement but not solving the real problem.

    It is like Drivers Lincense renewal. If you have your documentation and you have been driving legally should be granted renewal instantly. Why can't they do the same thing with EAD?

    agree.. 90 days is too much.. esp when just dates need to be extended.. In the first place.. it should be non-expiring .. something like valid with I-485 Receipt... and then when accepting EAD employer can check the I-485 status that its still pending... and any change will send email to the employer about 485 current status...

    But then my dear.. where's the money...

    Gov: Show me the money?
    USCIS: let sdo 1 year EAD/AP renewal... and we can sit for 90 days on it for generating this much money... and find cheapest ways of printing the card and mailing... If errors happen we might get more money :-)
    Gov: why are you not moving dates and making more money?
    USCIS: Okay we'll issue 2year EAD and accept more new apps...
    and so on...




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  • howzatt
    07-16 01:44 PM
    I beg to disagree - I think if you read between the lines it is quite clear that potential solutions are being discussed. A solution may be announced but NOT within the 24 hrs that we all are expecting. It may lead to a deadlock in which case the lawsuit would be one of our recourse.

    I think we all got a little carried away by the 24HR time frame from Core.

    Whats new about this news? We have been hearing this since Thursday evening.



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  • desi3933
    02-01 07:58 AM
    thanks for the reply..this means having a dependent visa is the key at the time of approval..

    This is NOT what I said in my post. I mentioned "Dependent Relationship". Dependent Visa applies in most cases, though. Example - Your wife could be on F1 or other visa and that is not dependent visa.

    Contrary to popular myth, it is ok to file I-485 on F1 visa status.


    if the application was approved and the wife was on h4 (but didn't file her i485 yet..) then she could still file for her i485?

    Correct. It is advisable to file I-485 as soon as your PD is current. However, section 245(k) covers for 180 calendar days. In some cases, she may have more time, but those cases are linked to visa status and usually don't apply to H4 status holders.

    Good Luck.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin




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  • gee_see
    10-19 02:21 PM
    I found an interesting article on AC21 portability in cyrusmetha.com

    Here is the portion of the article appeared on May 27, 2005
    about PORTABILITY DURING ADJUSTMENT OF STATUS
    -----------
    Interestingly, the memo also advises that although a difference in the wage offer on the approved labor certification or I-140 and the new employment cannot be used as a basis of denial, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is �same or similar.� It is possible, however, for one to work in a �same or similar� occupation even if there is a substantial discrepancy in the wage. A CEO of a Fortune 100 corporation may be paid several million of dollars each year. The CEO of a start-up could make much less, say $50,000 per annum. One should be able to successfully argue that the CEO of a start-up is in a �same or similar� job to the CEO of a Fortune 100 corporation.
    ----------

    Experts please discuss....




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  • uma001
    08-21 09:28 AM
    Congratulations




    samsu
    04-21 08:36 AM
    Thanks for your reply guys. I just came back from international travel and I thought I should share here for the benefits of others.

    My lawyer at new company suggested we apply for AC21 just to be safe and we did the same before I traveled and I kept copy of it with me. I was told that officer doesn't generally ask for employment but I was asked about it during first inspection. He asked me where I work now and who filed for my GC. When he found out that I work for different employer he said "I thought you can't change job while this is pending". I didn't respond as his question was casual and I knew I would be going through secondary inspection. I didn't want to go into AC21 discussion with him unless he insisted. He didn't say anything and sent me to secondary inspection.
    No question asked at secondary inspection at all.

    I hope it helps other. just be prepare in case.

    Thanks again.
    Sam




    gcformeornot
    01-12 09:56 AM
    ^^^^



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