masti_Gai
08-16 10:20 AM
I recently visited India in June 07. I didn't wanna go and waste a couple of dayz in chennai so wanted to use ma AP. While returnin I showed ma PP to the Immigration officer, he asked me where ma VISA was. I told him i have an AP and showed it to him.. He wasn't surprized. he just let me get in after stampin a seal on my PP.
At Germany (coz i flew via lufthansa) the lady asked my VISA again. I showed her my AP... she suddenly understood and asked me if i had applied for a GC. I said yes.. she signed a form and let me check in at the counter.
Its so simple no problem at all.
Happy Journey...
At Germany (coz i flew via lufthansa) the lady asked my VISA again. I showed her my AP... she suddenly understood and asked me if i had applied for a GC. I said yes.. she signed a form and let me check in at the counter.
Its so simple no problem at all.
Happy Journey...
immi2006
05-24 09:14 AM
If you want to make decisions do it based on career progress not on GC.
I seriously doubt if you can get your GC IMHO, reason being with 7 % of 90000 being a small number for any country. Particularly India / China, DO you know something - there are thousands in line from 2002 onwards waiting to file 485.
Even after 10 years of wait the number will still not be enough to fill the 485 backlog. I do not want to sound as someone not wishing you well. I am touching on ground realities.
I seriously doubt if you can get your GC IMHO, reason being with 7 % of 90000 being a small number for any country. Particularly India / China, DO you know something - there are thousands in line from 2002 onwards waiting to file 485.
Even after 10 years of wait the number will still not be enough to fill the 485 backlog. I do not want to sound as someone not wishing you well. I am touching on ground realities.
abhishek101
04-13 03:34 PM
One of my friends neighbours Aunt who lives in Australia has a cousin in South Africa
This cousin's sister's uncles' kids' friend got his GC last month, his PD was 2007. He was in EB3.
I have heard quite a few cases like that,
like other day I was at Safeway and the counter lady told me that her friend's cousin's son just got the whole process completed in 2 months and that too in EB3.
I can only say it is just unbelivable that these things still happen in this world. USCIS is just full of bums, we should definitely do some campaign about it.
But then ignorance is bliss :D
This cousin's sister's uncles' kids' friend got his GC last month, his PD was 2007. He was in EB3.
I have heard quite a few cases like that,
like other day I was at Safeway and the counter lady told me that her friend's cousin's son just got the whole process completed in 2 months and that too in EB3.
I can only say it is just unbelivable that these things still happen in this world. USCIS is just full of bums, we should definitely do some campaign about it.
But then ignorance is bliss :D
axp817
07-05 11:31 AM
Can these 200 please contribute to the agenda laid out by IV, instead?
thanks,
thanks,
more...
venky08
07-27 02:52 PM
Related to the questions on this thread.
What happens when:
AOS has been filed and it is more than 180 days AND
dependent has started working on EAD AND
primary applicant loses job
Case 1: primary applicant is also on EAD
Case 2: primary applicant continues on H1 without using EAD
Do the primary applicant and/or spouse become out of status in either of these situations? Can the primary applicant invoke AC21 and look for another job - how much time does he/she have? i.e. does the AOS filing provide primary applicant a cushion in case of job loss?
thanks!
the key is that in any case, if the applicant does not have a H1-B backup and is solely relying on EAD, then he/she needs to make sure that the I-485 should not be denied. because if it does, it automatically makes the applicants out of status forcing them to leave the country. so it is always safe to have H1-B status maintained eventhough you have EAD. my2c
What happens when:
AOS has been filed and it is more than 180 days AND
dependent has started working on EAD AND
primary applicant loses job
Case 1: primary applicant is also on EAD
Case 2: primary applicant continues on H1 without using EAD
Do the primary applicant and/or spouse become out of status in either of these situations? Can the primary applicant invoke AC21 and look for another job - how much time does he/she have? i.e. does the AOS filing provide primary applicant a cushion in case of job loss?
thanks!
the key is that in any case, if the applicant does not have a H1-B backup and is solely relying on EAD, then he/she needs to make sure that the I-485 should not be denied. because if it does, it automatically makes the applicants out of status forcing them to leave the country. so it is always safe to have H1-B status maintained eventhough you have EAD. my2c
amoljak
05-21 09:04 AM
b. Do not make photocopies of official US Documents. Its a violation. The official will understand why you made a copy, but ITS A VIOLATION. On that note, please do make a photocopy.
Yes it is a violation. But guess what, USCIS asked me to send color copies of all the pages of my passport, approval notices and I-94 in one RFE. I spent a while trying to convince the law-abiding staples clerk that "the government" asked me to make copies. She kept pointing me to a document that clearly stated that it was illegal and they were told not to do it. Finally she agreed to look the other way, while I made copies in a self service copier.
Yes it is a violation. But guess what, USCIS asked me to send color copies of all the pages of my passport, approval notices and I-94 in one RFE. I spent a while trying to convince the law-abiding staples clerk that "the government" asked me to make copies. She kept pointing me to a document that clearly stated that it was illegal and they were told not to do it. Finally she agreed to look the other way, while I made copies in a self service copier.
more...
raj2007
02-18 07:12 PM
i did. different lawyers said different thing so i do not know who is right and who is wrong.
should i make an infopass appointment and idscusss it with them?
I will better wait for my I-485 approval than taking the risk. Infopass will not help much b/c everything will depend on Port of entry.
should i make an infopass appointment and idscusss it with them?
I will better wait for my I-485 approval than taking the risk. Infopass will not help much b/c everything will depend on Port of entry.
kandhu
01-02 02:27 PM
Hi Everybody,
I know that nobody has an answer for my question, but still i would like to get the views/inputs from the seniors here , who have experience with USCIS.
When do you think a person with PD of Nov 2007 ,EB3 from India, would be able to file for 485??
Welcome to the GC journey!
My GUESS is atleast 5 to 8 years with the current laws.
(I may be too optimisic. It may be even 10+ years !)
I know one of the things that IV is figting for is to apply for I485 even when the dates are not current. (This is just one of the many things that IV is fighting for. Review the below thread for detailed info)
http://immigrationvoice.org/forum/showthread.php?t=16298&highlight=year
So please continue to Support & Contribute to IV.
Hope you have a less wait time.
I know that nobody has an answer for my question, but still i would like to get the views/inputs from the seniors here , who have experience with USCIS.
When do you think a person with PD of Nov 2007 ,EB3 from India, would be able to file for 485??
Welcome to the GC journey!
My GUESS is atleast 5 to 8 years with the current laws.
(I may be too optimisic. It may be even 10+ years !)
I know one of the things that IV is figting for is to apply for I485 even when the dates are not current. (This is just one of the many things that IV is fighting for. Review the below thread for detailed info)
http://immigrationvoice.org/forum/showthread.php?t=16298&highlight=year
So please continue to Support & Contribute to IV.
Hope you have a less wait time.
more...
lecter
January 6th, 2005, 09:05 PM
I see what your getting at...... yep... I do like that too.... still have a lot to learn :D
It was a quick and dirty, you can select a colour and then mask and feather it so there's no halo's around the edges, blah blah...
there's heaps of excellent PS books around....
indulge yourself...
Scott Kelby is a good start....
Rob
It was a quick and dirty, you can select a colour and then mask and feather it so there's no halo's around the edges, blah blah...
there's heaps of excellent PS books around....
indulge yourself...
Scott Kelby is a good start....
Rob
krustycat
03-09 07:33 PM
if you have your I-140 approved then you should be ok, provided your earned more than the prevailing wage for that year.
Even if you have I-140 approved, if the salary at the time you filed I-485 was less than the prevailing wage, they will examine again the company's ability to pay.
My I-140 was approved in 2006 and back then my salary was enough to prove the company's ability to pay. However, I got a NOID in my I-485 and the officer is asking to prove ability to pay again.
Even if you have I-140 approved, if the salary at the time you filed I-485 was less than the prevailing wage, they will examine again the company's ability to pay.
My I-140 was approved in 2006 and back then my salary was enough to prove the company's ability to pay. However, I got a NOID in my I-485 and the officer is asking to prove ability to pay again.
more...
petersebastian
03-31 05:49 PM
Your 180 days start from the day your I-94 expired. And yes, 2 weeks or 4 weeks over stay will make a difference. Next time when you enter the country or at the Visa office they might ask you the reason.
You did nit clarify if your partner is a US citizen, PR or visa holder. That might help in giving you some additional advise.
He's American. I am aware that they will ask about that but I just want to make it clear that I'm facing a 3 year ban after overstaying the 180 days after my I94 expiration date (so the end of July in my case).
You did nit clarify if your partner is a US citizen, PR or visa holder. That might help in giving you some additional advise.
He's American. I am aware that they will ask about that but I just want to make it clear that I'm facing a 3 year ban after overstaying the 180 days after my I94 expiration date (so the end of July in my case).
eb3India
05-22 09:22 AM
Admin,
I do understand core members have fulltime job I mentioned earlier I volunteer to do some research in this subject.
However I don't want re-invent the wheel and I was expecting a very simple answers and pointers on the subject
for example, if someone had spent time on this, they could simply answer yes and provide some links etc where I get more answers.
as I write I am googling on this subject and will provide my findings
between, guys we are all in a same boat we should work collective to get out of this mess
I do understand core members have fulltime job I mentioned earlier I volunteer to do some research in this subject.
However I don't want re-invent the wheel and I was expecting a very simple answers and pointers on the subject
for example, if someone had spent time on this, they could simply answer yes and provide some links etc where I get more answers.
as I write I am googling on this subject and will provide my findings
between, guys we are all in a same boat we should work collective to get out of this mess
more...
CreatedToday
03-18 02:56 PM
It's very sad we depend on this bloodsucker employer (former H1s) who setup the shop and leave you in the lurch when they can't squeeze any more of your blood!
You may complain with DOL, but I�m not sure about any statutory limit to file the case.
Good Luck!
Please note I joined his company along with the current the project, only for faster GC as he promised. But when I came back from India, It took a month for me to find a project. He didn't do marketing and then I realized the mistake of joining him (I assume he must have been consulting somewhere and just enjoying with my free $$$). And while I was looking for the project he threatened to cancel my H1 if I don't find a project soon. Now I'm not sure of you stay with someone who is ready to cancel your H1 in your bad times?
. . .
But now my issue is since he cancelled my I-140 I cannot get my H1 renewed. He should have left it there, I didn't complain about him and fed him.
Now I'm mad since I'm stranded, and if possible complain about him.
I need HELP.
You may complain with DOL, but I�m not sure about any statutory limit to file the case.
Good Luck!
Please note I joined his company along with the current the project, only for faster GC as he promised. But when I came back from India, It took a month for me to find a project. He didn't do marketing and then I realized the mistake of joining him (I assume he must have been consulting somewhere and just enjoying with my free $$$). And while I was looking for the project he threatened to cancel my H1 if I don't find a project soon. Now I'm not sure of you stay with someone who is ready to cancel your H1 in your bad times?
. . .
But now my issue is since he cancelled my I-140 I cannot get my H1 renewed. He should have left it there, I didn't complain about him and fed him.
Now I'm mad since I'm stranded, and if possible complain about him.
I need HELP.
glus
05-31 09:10 AM
Thank you for contributing!!!!
:D :D :D :D :D :D :D :D :D :D :D :D :D :D :D
:D :D :D :D :D :D :D :D :D :D :D :D :D :D :D
more...
sparky_jones
10-10 04:14 PM
No...if your current EAD expires and the new one hasn't arrived, you must stop working. it does not matter if you've applied for renewal and its pending. EAD does not work like H1B extension, where a 240 day period of automatic eligibility to continue working is available upon filing extension.
Is it possible to keep working Even u don't have EAD renewed ,but u have Reciept notice with u.. I mean eventually approval will come.
Is it possible to keep working Even u don't have EAD renewed ,but u have Reciept notice with u.. I mean eventually approval will come.
div_bell_2003
01-06 01:55 PM
Interesting read since my lawyer had informed me specifically that the CBP officer at POE is not supposed to lift one copy of advanced parole, he's supposed to stamp it and hand it back over to me and make a copy for his own records. They have also told me that if a CBP officer looks to lift a copy, we should politely ask him/her if there is any specific reason he needs an original and can't make a copy.
On the same note, if every time they lift a copy, then how can one make more than say 2 trips on one AP ? I have seen lots of people using AP for business travel and they do make more trips.
You need both copies of the AP. The IO will keep one copy and stamp the other one and return it. When I got back to the USA in December 2008, my POE was Miami. My lawyer had told me to take both copies of the AP with me.
When I was in the Secondary room, there was another person who had only one copy of the AP. The IO asked him for the other copy. The dude told the IO that he had only one copy and the lawyer had told him that one copy is enough (you could see that he was nervous). The IO sarcastically told him to change his lawyer. The dude then said that he was not planning on traveling anytime before the expiry of the AP and said that the IO could keep the copy he had submitted. The IO again wryly told him that things don't work that way. He told the dude to take a seat and he wold see what he could do (the IO was actually polite all the time to this dude - even thought he sounded sarcastic at times - especially when he said "I would not waste any more money on this lawyer"). To make a long story short, I saw him get his stamped AP back and we left the room at around the same time).
My advise to you is - take both the copies - you will not regret it.
On the same note, if every time they lift a copy, then how can one make more than say 2 trips on one AP ? I have seen lots of people using AP for business travel and they do make more trips.
You need both copies of the AP. The IO will keep one copy and stamp the other one and return it. When I got back to the USA in December 2008, my POE was Miami. My lawyer had told me to take both copies of the AP with me.
When I was in the Secondary room, there was another person who had only one copy of the AP. The IO asked him for the other copy. The dude told the IO that he had only one copy and the lawyer had told him that one copy is enough (you could see that he was nervous). The IO sarcastically told him to change his lawyer. The dude then said that he was not planning on traveling anytime before the expiry of the AP and said that the IO could keep the copy he had submitted. The IO again wryly told him that things don't work that way. He told the dude to take a seat and he wold see what he could do (the IO was actually polite all the time to this dude - even thought he sounded sarcastic at times - especially when he said "I would not waste any more money on this lawyer"). To make a long story short, I saw him get his stamped AP back and we left the room at around the same time).
My advise to you is - take both the copies - you will not regret it.
more...
nixstor
08-30 01:19 PM
You are doing a pledge right now. So go ahead and pledge what you have and try to bump them to 25K. Some short flights need only 15K miles. For example United charges 15K miles for trips between IAD and ORD often.
Here is a link on how you can add 5k more miles if you would like to.
http://www.continental.com/web/en-US/content/onepass/earn/default.aspx
Here is a link on how you can add 5k more miles if you would like to.
http://www.continental.com/web/en-US/content/onepass/earn/default.aspx
panini
06-11 03:48 PM
If you have not been to Canada or lived in Canada since your landing I would assume that your Canadian PR would have been automatically cancelled because of the 3 years out of 5 years rule.
I was wondering if anyone here who had a canadian PR (i.e. did a landing), got GC later has travelled again to Canada again?
We got canadian PR in 2005 and did a landing while we were waiting for our GC. We got a our GC last year and are planning to visit canada using our GC. Are there going to be any issue in entering canada?
Also, we travelled to India last year and received new I-94 when we got back into US using AP. Very soon (days) we received our GC's. I am not sure what do with these I-94's when we leave US. Do we still need to surrender these as in the past?
I was wondering if anyone here who had a canadian PR (i.e. did a landing), got GC later has travelled again to Canada again?
We got canadian PR in 2005 and did a landing while we were waiting for our GC. We got a our GC last year and are planning to visit canada using our GC. Are there going to be any issue in entering canada?
Also, we travelled to India last year and received new I-94 when we got back into US using AP. Very soon (days) we received our GC's. I am not sure what do with these I-94's when we leave US. Do we still need to surrender these as in the past?
buehler
07-27 09:11 AM
Good idea. I would suggest that you also add uscis.gov to your search. It doesn't seem to be showing any pages from that site
Mohit_Malkani
10-08 11:13 AM
Sorry to hear about your situation.
Take a look at www.immigtation-law.com. Go to the nreaking news swction. They have a great piece on I140/I485 portability.
I have also pasted it here in case you dont get to the website
All the best.
10/08/2007: I-140 Portability After 180 Days of 485 Filing and Service Centers Standard Procedure of Review and Adjudication
When there is a retrogression of visa numbers and anticipated long delays in 485 adjudication due to the massive July VB fiasco 485 filings, it is anticipated that there will be a substantial number of 485 applicants who may have to change employment along the way, either voluntarily or involuntarily, under AC 21 Section 106(c) provision. Accordingly, whether one reports the change of employment proactively or not, one should learn the internal review and adjudication procedures within the Service Center which are adopted by the adjudicators in adjudicating such I-485 applications.
The good material to review on this procedure is the USCIS Standard Operating Procedure for the adjudicators. The SOP states that "If the alien is using the portability provisions of AC21 106(c), the adjudicator must determine that both the ported labor certification and the ported I-140 are still valid under the current employer, especially in regards to the continual payment of the prevailing wage, similar occupation classification, and the employer�s ability to pay the prevailing wage."
(1) Prevailing Wage Payment: The AC 21 106(c) does not specifically require that the new employer pays the prevailing wage or higher wage for portability. However, the adjudicators review the wage as part of their determination of "continuing validity" of the ported certified labor certification application and I-140 petition. When the applicant stays with the same employer without changing employer, payment of wage less than the prevailing wage should not present any serious issue inasmuch as the employer establishes that the employer was financially able to pay the prevailing wage and is continuously able to pay the prevailing wage until the green card is approved. However, when there is a change of employer who pays less than the prevailing wage, there is no clear-cut rule with reference to this issue. Payment of less than prevailing wage thus potentially can raise two issues when there is a change of employer. One is the adjudicator's argument that there is no continuing validity of the labor certification or I-140 petition. The other is the argument that different wage reflects that the labor certification job and the new job with the new employer are two different occupational classifications.
(2) Similar occupational classification issue: The similarity of the two positions involves not the "jobs" but "occupational classification." Accordingly, the old and new positions do not necessarily have to match exactly in every details, especially specific skill sets. Currently, the USCIS is looking up the Labor Department SOC/OES classifications of occupations. When the two jobs fall under the same occupational classification in the DOL occupational definitions, the two jobs are generally considered "similar" occupational classification. As long as the two jobs belong to a similar occupational classification, the applicant can work for the new employer anywhere in the United States. There is no physically location restrictions.
(3) Employer's financial ability to pay the wage: Again, AC 21 106(c) does not specifically require that the new employer must prove that the new employer has and will have a financial ability to pay the prevailing wage. However, the adjudicators appear to review the portability case considering the new employer's ability to pay as well as part of review of continuing vality of labor certification and I-140 petition.
Remember that when there is a portability issue, two things can ensure. If one proactively reports the eligibility of portability meeting all the foregoing requirment, the adjudicators are likely to decide the pending I-485 application on the merit. However, if the 485 applicants do not report proactively change of employment and the USCIS somehow obtains information of the alien's change of employment, for instance, by employer's report of termination of employment or withdrawal of I-140 petition or substitution of alien beneficiary, then 485 applicants are likely to be served a notice of intent to deny I-485 applications or in most cases, the adjudicator transfers the I-485 file to the local district office for interview.
In AC 21 106(c) portability situation, the adjudicators also review the issue of the continuing validity of labor certification and I-140 petition involving the original employer, and are likely to raise similar issues which are described above. However, when the alien ports with the "approved" I-140 petition with a copy of the last paycheck and W-2, the adjudicators rarely revisit the original employer's foregoing issues in determining the 140 portability issue. The issues are raised when the alien ports before the I-140 petition is approved. Under the Yates Memorandum, when the alien ports before I-140 petition is approved, the alien has a burden of proof that the I-140 petition was approvable. Accordingly, inasmuch as I-140 petition was approvable and the alien ports after 180 days of I-485 filing, even if the original employer withdraws the I-140 petition, the pending I-485 will not be affected. Yates Memorandum indicates that in such a circumstance, the adjudicator should adjudicate the pending I-140 petition and if finds approvable, then recognizes 106(c) portability and continues to adjudicate the pending I-485 application. Without doubt, in the foregoing situation, the adjudicator will intensively and carefully review the issue of continuing validity of labor certification and I-140 petition issues which are specified above, particularly the employer's financial ability to pay the wage, and the applicant will have to overcome tremendous hurdles to deal with the challenges by the USCIS. Accordingly, people should not port before I-140 petition is approved unless they are assured that the original employer will continuously cooperate and support his/her green card process.
Take a look at www.immigtation-law.com. Go to the nreaking news swction. They have a great piece on I140/I485 portability.
I have also pasted it here in case you dont get to the website
All the best.
10/08/2007: I-140 Portability After 180 Days of 485 Filing and Service Centers Standard Procedure of Review and Adjudication
When there is a retrogression of visa numbers and anticipated long delays in 485 adjudication due to the massive July VB fiasco 485 filings, it is anticipated that there will be a substantial number of 485 applicants who may have to change employment along the way, either voluntarily or involuntarily, under AC 21 Section 106(c) provision. Accordingly, whether one reports the change of employment proactively or not, one should learn the internal review and adjudication procedures within the Service Center which are adopted by the adjudicators in adjudicating such I-485 applications.
The good material to review on this procedure is the USCIS Standard Operating Procedure for the adjudicators. The SOP states that "If the alien is using the portability provisions of AC21 106(c), the adjudicator must determine that both the ported labor certification and the ported I-140 are still valid under the current employer, especially in regards to the continual payment of the prevailing wage, similar occupation classification, and the employer�s ability to pay the prevailing wage."
(1) Prevailing Wage Payment: The AC 21 106(c) does not specifically require that the new employer pays the prevailing wage or higher wage for portability. However, the adjudicators review the wage as part of their determination of "continuing validity" of the ported certified labor certification application and I-140 petition. When the applicant stays with the same employer without changing employer, payment of wage less than the prevailing wage should not present any serious issue inasmuch as the employer establishes that the employer was financially able to pay the prevailing wage and is continuously able to pay the prevailing wage until the green card is approved. However, when there is a change of employer who pays less than the prevailing wage, there is no clear-cut rule with reference to this issue. Payment of less than prevailing wage thus potentially can raise two issues when there is a change of employer. One is the adjudicator's argument that there is no continuing validity of the labor certification or I-140 petition. The other is the argument that different wage reflects that the labor certification job and the new job with the new employer are two different occupational classifications.
(2) Similar occupational classification issue: The similarity of the two positions involves not the "jobs" but "occupational classification." Accordingly, the old and new positions do not necessarily have to match exactly in every details, especially specific skill sets. Currently, the USCIS is looking up the Labor Department SOC/OES classifications of occupations. When the two jobs fall under the same occupational classification in the DOL occupational definitions, the two jobs are generally considered "similar" occupational classification. As long as the two jobs belong to a similar occupational classification, the applicant can work for the new employer anywhere in the United States. There is no physically location restrictions.
(3) Employer's financial ability to pay the wage: Again, AC 21 106(c) does not specifically require that the new employer must prove that the new employer has and will have a financial ability to pay the prevailing wage. However, the adjudicators appear to review the portability case considering the new employer's ability to pay as well as part of review of continuing vality of labor certification and I-140 petition.
Remember that when there is a portability issue, two things can ensure. If one proactively reports the eligibility of portability meeting all the foregoing requirment, the adjudicators are likely to decide the pending I-485 application on the merit. However, if the 485 applicants do not report proactively change of employment and the USCIS somehow obtains information of the alien's change of employment, for instance, by employer's report of termination of employment or withdrawal of I-140 petition or substitution of alien beneficiary, then 485 applicants are likely to be served a notice of intent to deny I-485 applications or in most cases, the adjudicator transfers the I-485 file to the local district office for interview.
In AC 21 106(c) portability situation, the adjudicators also review the issue of the continuing validity of labor certification and I-140 petition involving the original employer, and are likely to raise similar issues which are described above. However, when the alien ports with the "approved" I-140 petition with a copy of the last paycheck and W-2, the adjudicators rarely revisit the original employer's foregoing issues in determining the 140 portability issue. The issues are raised when the alien ports before the I-140 petition is approved. Under the Yates Memorandum, when the alien ports before I-140 petition is approved, the alien has a burden of proof that the I-140 petition was approvable. Accordingly, inasmuch as I-140 petition was approvable and the alien ports after 180 days of I-485 filing, even if the original employer withdraws the I-140 petition, the pending I-485 will not be affected. Yates Memorandum indicates that in such a circumstance, the adjudicator should adjudicate the pending I-140 petition and if finds approvable, then recognizes 106(c) portability and continues to adjudicate the pending I-485 application. Without doubt, in the foregoing situation, the adjudicator will intensively and carefully review the issue of continuing validity of labor certification and I-140 petition issues which are specified above, particularly the employer's financial ability to pay the wage, and the applicant will have to overcome tremendous hurdles to deal with the challenges by the USCIS. Accordingly, people should not port before I-140 petition is approved unless they are assured that the original employer will continuously cooperate and support his/her green card process.
gc4me
02-09 10:17 AM
You should not let this opportunity of 'Retaining your 1998 PD' go and need to act as quickly as possible. If you are from India and EB3 and if you have a new PD (from Y) of 2002+, it will take you 10+ yrs to get your GC. No kidding!!!
Do this fast:
01. try to find out a new company (if Y does not agree, generally if Y is a big corporation like MS, Verizon, Merrill Lynch , GE etc. will not agree for sure) who are willing to file a PERM LC for you for future employment.
02. Use your approved I-140 (from X) and retain your PD while filling PERM LC from the new company (company Z :-))
03. File I-140/485 together once you get your perm LC cleared (in 2/3 months including advertisement. filling etc.) and get you EAD/AP done by 60 days :-)). WOW. Rest of us can only dream about it!!
04. After you file 485, after 180 days, you are able to change your current company (Z) and take perm job in a reputable company (say A).
05. Sorry to say that you have to leave company Y and especially it is difficult if you make big bucks there.
I am new member to this forum. My friend referred me here.
I have a very unique case scenario and need help if anyone is aware of this.
Background :
I worked for company X which went bankrupt and was absorbed by company Y. 3 months after I started
working for Y I got I-140 approved from company X(not sure how but got it).I had filed for I-140 abt.
2 months before I joined Y(then still an employee of X) and had opted for CP and not AOS(had
the option of concurrent filing but did not use which i regret till date). Since the X case was of
no use now I filed a fresh LC from Y and am still waiting for notification from BPC for recruitment(TR case).
I am planning to use the PD from earlier approved I-140 which is sept. 1999 when my LC gets approved.
Issue :
Last week I received a mail from NVC which was forwarded to me by the previous employers attorney.
The letter's main content says
"THIS LETTER SHALL SERVE AS YOUR NOTIFICATION THAT A VISA NUMBER IS CURRENTLY AVAILABLE.
FAILURE TO PURSUE YOUR VISA APPLICATION BY COMPLYING WITH THE INSTRUCTIONS BELOW WILL COMMENCE
PROCEEDINGS TO TERMINATE YOUR IMMIGRANT VISA REGISTRATION ONE YEAR FROM THE DATE OF THIS LETTER".
It mentions "Section 203(g) of the Immigration and Nationality Act requires the Secretary of State
to terminate the registration of any alien who fails to apply for an immigrant visa within one year
following notification of the availability of a visa number".
Letter is Dated Dec. 3 2006.
Question :
I want to know if this will in anyway prevent me from using my old case PD with my current case?
My interpretation of this is that only the registration with NVC gets cancelled but the
underlying LC and I-140 approved are not affected and I can still use the old PD on my
current case. Pls. help.
Do this fast:
01. try to find out a new company (if Y does not agree, generally if Y is a big corporation like MS, Verizon, Merrill Lynch , GE etc. will not agree for sure) who are willing to file a PERM LC for you for future employment.
02. Use your approved I-140 (from X) and retain your PD while filling PERM LC from the new company (company Z :-))
03. File I-140/485 together once you get your perm LC cleared (in 2/3 months including advertisement. filling etc.) and get you EAD/AP done by 60 days :-)). WOW. Rest of us can only dream about it!!
04. After you file 485, after 180 days, you are able to change your current company (Z) and take perm job in a reputable company (say A).
05. Sorry to say that you have to leave company Y and especially it is difficult if you make big bucks there.
I am new member to this forum. My friend referred me here.
I have a very unique case scenario and need help if anyone is aware of this.
Background :
I worked for company X which went bankrupt and was absorbed by company Y. 3 months after I started
working for Y I got I-140 approved from company X(not sure how but got it).I had filed for I-140 abt.
2 months before I joined Y(then still an employee of X) and had opted for CP and not AOS(had
the option of concurrent filing but did not use which i regret till date). Since the X case was of
no use now I filed a fresh LC from Y and am still waiting for notification from BPC for recruitment(TR case).
I am planning to use the PD from earlier approved I-140 which is sept. 1999 when my LC gets approved.
Issue :
Last week I received a mail from NVC which was forwarded to me by the previous employers attorney.
The letter's main content says
"THIS LETTER SHALL SERVE AS YOUR NOTIFICATION THAT A VISA NUMBER IS CURRENTLY AVAILABLE.
FAILURE TO PURSUE YOUR VISA APPLICATION BY COMPLYING WITH THE INSTRUCTIONS BELOW WILL COMMENCE
PROCEEDINGS TO TERMINATE YOUR IMMIGRANT VISA REGISTRATION ONE YEAR FROM THE DATE OF THIS LETTER".
It mentions "Section 203(g) of the Immigration and Nationality Act requires the Secretary of State
to terminate the registration of any alien who fails to apply for an immigrant visa within one year
following notification of the availability of a visa number".
Letter is Dated Dec. 3 2006.
Question :
I want to know if this will in anyway prevent me from using my old case PD with my current case?
My interpretation of this is that only the registration with NVC gets cancelled but the
underlying LC and I-140 approved are not affected and I can still use the old PD on my
current case. Pls. help.
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