Wednesday, June 8, 2011

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  • jthomas
    04-04 09:49 PM
    I need expert advice -

    My I-140 has been approved and I-485 pending for more than 18 months. I have a valid EAD & AP. I also have a valid H1-B visa valid till 2011,
    that I am using for my current employment with my current employer

    1. If I get laid-off, how long can I stay in US without another job?
    With EAD you are okay.

    2. I understand that in order to maintain my eligibility to "port" to a new employer / sponsor under AC21, I should have another job in same or similar occupation. Till I find another job, am I allowed to do some part-time job in different occupation?
    Answer :- I don't think so. If you are doing a part time job and if USCIS comes to know because of 1099 you may have a problem. I don't think you will have a problem if you accept cash and a evidence you never worked but helped your friend.

    3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?
    Answer :- AP is used for emergency. I don't know much but one of IV members went to india and was working for his employer from india.

    4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options?

    Answer :- Keep renewing your AP and you need to be present in US when AP is been renewed. I am not sure of it. Sorry.




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  • ngopikrishnan
    06-07 10:13 PM
    Can anyone please comment on Massachusetts licensing requirements? and the validity period for someone who is working on EAD? Thanks!




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  • delhirocks
    06-17 04:13 PM
    Labor process through PERM can take anywhere from 3 weeks to more than a year (after filing). Most time consuming part is (if you are just initaing the process with your employer) the pre-filing documentation.


    If you have a masters or better, and your current job does not REQUIRE a Masters degree, then you might want to ask HR to change/tweak your job profile. If thats an option and they are willing to do it, might take some time, but in the longer run, you will be better off under EB2 than EB3.


    You will need letters from all your previous employers, verifying the job discription


    Once that is in hand, your company will have to post your job in a newspaper/internal company website/job board and also in a visible place in your company premises for a month (X + 30 days)


    After that 30 day period, you wait for any responses for an addidtional 30 days (X+60 days)


    After that, your company/HR/Lawyer would need some time to put everything together before filing (X + 70 days)

    Bear in mind this is the best case scenario. I started the process in December mid...filed for Labor in 1st week of June.
    On your second point (dates being current), Iam very doubtfull that by the time Iam ready to file for 140/485, the dates will be current.

    And ofcourse, if this ain't too daunting, THE CIR might put a wrench in your best laid plans, There is a talk about May 15th being the deadline for this process, untill Oct-08 when the new point system comes into play...good luck




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  • GCJinx
    03-21 03:47 PM
    Thanks to all of you for your help



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  • wandmaker
    11-07 11:10 AM
    Great! You will get the actual receipt notice like paper filing in a week. Also FP notice to take a picture for your EAD.

    OK i e-filed and it showed Nebraska address generating LIN no's instead of MSC etc , it prompted me where my 485 is and i think since it is at NSC it routed automatically to NSC




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  • aadimanav
    10-19 11:27 PM
    Processing Time Upated

    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC

    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC



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  • gcdreamer05
    12-12 11:36 AM
    Prashanthi was there on chat for 30 min and as no one turned up to ask questions she left. She will be available for chat every Thursday at 9.30 PM EST.

    Oh no missed it, i will surely be online next thursday to talk to the attorney.




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  • hotscud21
    10-31 09:24 AM
    I am planning to shift employers and I have a question:

    Company A applied for my green card and I have an approved I-140, passed the 6 month mark and now planning to shift jobs on EAD. I have an offer from Company B with a condition that my offer would be permanent upon approval of my green card. I cannot work for company B till I physically have my GC. In the mean time can I work for Company C ( in a completely different field) till my GC gets approved without any issues?



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  • immilaw
    09-15 02:13 PM
    hi is there any hope for eb-2 india?since its has retrogressed,can we expect any forward movement in the next few months?is there any chance of further retrogression?are there too many cases coming out of back log centres?
    my case r got cleared from backlog centre few months back and i-140 recently approved,my pd is oct 2002 eb-2.iam so unlucky for the past so many yrs ,now that its approved i dont have a chance to apply for 485 as dates retrogressed.is there any hope in the next few months for a forward movement?by 2007 oct eb-2 will it be able to reach atleast 2003 end or 2004 begining?

    You should be happy. In the next 2-3 months your PD will be current. I am confident your PD will soon be current.




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  • vivache
    10-12 12:11 PM
    No experience with this.
    It will help to know what you can do in this case. I'm sure they have some solution.



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  • ahaadi
    07-10 09:28 PM
    In case his I-140 was approved then there are no problems for this scenario right?




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  • patriot01
    09-27 10:39 AM
    I am kind of in the same situation...But, I don't know if the status means what it says.

    But, I got the status change in Jul 2008 saying that

    'the post office returned the notice we last sent you on this case I-485 application to register permanent residence or to adjust status as undeliverable. This may have serious effects on processing this case....'

    The very next day I got this case status change saying that..

    'We mailed document to the address we have on file, You should receive the new document within 30 days.....'

    I took an InfoPass appointment and explained to them the case status emails. I also told them that I didn't get my biometrics notice. They asked me if priority date is current..I said NO and they verified too. So, they took the "document mailed" as the biometrics notice document and took my biometrics. I never bothered about that since then....

    But, with new system change it shows as 'Document Ordered or Oath ceremony'. So I am not sure what the original case status changes emails were about...and take the status 'Document Ordered or Oath ceremony' seriously.

    I haven't added my wife as a dependent applicant too when I filed my I-485.

    Thanks in advance.



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  • letstalklc
    09-04 04:14 PM
    I have applied for extension in June this year and got approved (July itself) for 3 years without any RFE based on I-140 approval.....




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  • uskiwi
    05-19 12:05 PM
    Ok thanks, is this a full 12 months with entry to the US, as I have been travelling into the US on the odd weekend for personal trips. Not sure if that would impact on the 12 month time period or not.



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  • gaz
    02-17 09:34 AM
    I just got my H1 visa and thanks so much for your help. I really appreciate that. I now actually got some questions about the port of entry. As my understanding that they will stamp my passport at the port of entry, I wonder if they will keep my current I-797 at the port of entry (I already have the H1 stamp in my passport). Pls advise. Also, I don�t have the bottom portion of the I-94 on I-797 since I am currently in Malaysia . Would this be a problem? Please also advise if they will issue me the new I-94 at the port of entry. Anybody pls help. Thank you very much.

    keep the 797 with you. you may be asked for it at the port of entry - but it will be returned to you. that is your work authorization approval notice
    you will get a new i94 - make sure the date on the i94 matches the date-valid-until for the h1b visa.




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  • HumHongeKamiyab
    03-16 04:49 PM
    Thanks Fittan. I am waiting for an answer from my attorney.

    HumHongeKamiyab,
    Since your I-140 is approved, your chance of I-485 RFE is very low. I think you should be ok since the key is that on the day your I-485 is approved, you must have a job offer per your labor.

    Fittan



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  • lostinbeta
    10-14 07:25 PM
    I thought about signing up at deviant art, but that site takes way too long to load for me, I don't have the time to browse around it, and I probably wouldn't be able to add my crap there.




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  • dpp
    12-02 03:44 PM
    Hello - I just recd. the TRANSFER NOTICE for me & my wife's 485 case stating that the case has been transferred to USCIS-NBC, PO Box 648005, Lee's Summit, MO 64064. We had filed for AOS in July 2007 and my priority date for is April 2006 (EB-2).

    I would appreciate it if somebody can please shed some light on what this means for us. What are the implications for us.? Will the case be transferred to the local office.? Should i start to gather documents for a interview.

    Would appreciate any advice i can get. Thank you!

    Same thing happened to me as well yesterday. Mine is also EB2 April 2006 PD.




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  • chantu
    06-19 09:35 AM
    my mom gave up her green card back in early 80's and she has had no problems what so ever in getting vistors visa since then (in fact it made it easier to get vistors visa (for the entire family) because it clearly shows no intention of migrating to US).

    Your mom had GC in 80s? Why are you in EB queue? You should have gotten your GC by now. Just kidding:D




    mohitb272
    03-19 02:24 PM
    Your signature says I 140 was approved, when was it approved and does that mean the USCIS website never updated the status of your I 140?
    or was it showing I140 approved before and now it's showing pending?


    This is my friend's case not mine. This is mentioned when I first described the case.
    Thanks!




    uskiwi
    05-19 12:05 PM
    Ok thanks, is this a full 12 months with entry to the US, as I have been travelling into the US on the odd weekend for personal trips. Not sure if that would impact on the 12 month time period or not.



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