Wednesday, June 8, 2011

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  • yagw
    07-27 12:28 AM
    I need your input.
    My PD was Feb 2006-EB2.
    I changed job on June 22nd to another company using EAD. Now the PD has become current for Aug.My old company and the new company are in different cities but it is the same state.

    I was planning to apply for AC-21 but i have not gotten consistent pay checks yet. My first check was a partial check. I will have 2 consistent paychecks by Aug 15th.

    1) Is it safe to just wait and see if i get a 485 approval without alerting USCIS about my job change?
    I am thinking since the job change is very recent they might not know about this job change.


    Its not mandatory to file AC21. If at all any RFE for EVL, you can respond at that time with your new job info.


    2) If they denied my 485 application for any reason ,can i continue to work while i apply for "reconsidering my 485 application" and file AC-21 with the new company?



    My understanding is, till your MTR is approved, you cannot work. Ofcourse, this applies only if you're using EAD based on that i-485. If you're still on H1/other visa or using EAD based on some other I-485, this wont apply to you.


    Please advice what you think about this. Basically i am trying to "not rock the boat" and raise suspicion and more RFEs by notifying them about this very recent change.


    I agree.. at this time just let it take the course...



    Thank you very much for your advice and help in this matter.

    BTW, if your address changed (since you mentioned the job is in different city), then you HAVE to file the AR-11 within 10 days. Don't take chance on that...

    DISCLAIMER: I am not an Attorney and this is not a legal advice.





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  • walking_dude
    08-03 03:58 PM
    Thanks pappu. Santb1975, nothing compared to your contribution to the movement. Let me stop before we start a mutual admiration society here :)





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  • fromnaija
    06-23 02:05 AM
    Reading the SOP on I-485 processing, I found that the application is stamped with the receipt date in the mail room. When the package is eventually opened the receipt date is compared with the visa bulletin as of that receipt date and if PD is not current the application is rejected.

    Yeah, its not worth the risk. Just curious about how this timeline works though.





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  • nb_des
    09-21 01:51 PM
    I agree something that does not increase total visa numbers can only pass this year.



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  • another one
    07-09 01:26 PM
    8 Million elderly americans live alone....

    p.s. sorry not a legal immigration issue


    I know its hard to get it noticed, but in order to make a real impact, we must strive to put this news on the front page of major media, while its sill hot. Last week CNN had an article on the front page regarding the "plight of hindu widows". I was baffled to see an article like that get the headline space and not a small comment from CNN about the JULY VB fiasco.





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  • jingi1234
    10-08 05:52 PM
    can2004:
    What is your current status? did u get your GC? and when did u respond to RFE? 5 months ago?:confused::eek::rolleyes:



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  • Ramba
    06-18 06:15 PM
    485 is a very simle procedure you can do your self. The best thing is download the latest I-485 form from USCIS website and spend some time in reading it. It clearly says what should be attached. Each lwyer says different things. Do not send too much. Do not send all the pages of paspoort. It will defenitly add weight.

    Here is the list I sent long time back.

    I-485 form
    Attachements:

    1. 140 approval notice
    2. Offer letter.
    3. Fee
    These three are very important.
    3. 4 biographic pages
    4.Medical cover.
    5. Latest I-94
    6. All the approval notice to prove your non-immigrant stay (most cases H1B approval notices)
    7. Bio-graphic and visa pages of old and new passport.
    8. Birht certificate.


    Dependent and Child.

    All the 3 to 8.
    1.I-134 (sponsership)
    2. Bank statemnet (no tax or w2 forms, not needed)
    3. Marrage certificate.

    Thats all.

    got RFE for Birth certifcate, as it was late registered. I sent a affidavit and very old school document in response to RFE.





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  • werc
    03-26 04:31 PM
    Could you please link the relevant information.It would be nice to know about it.

    thx


    If you don't have 1 year gap. otherwise you are subjected to.



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  • telekinesis
    10-22 09:45 PM
    Oh how I miss my Playstation :*(





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  • easygoer
    05-14 02:32 PM
    Shujaat,

    Your lawyer is right. You need one single degree evaluation that match your labor requirements for education. Experience not included for education requirements.



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  • mvinayam
    08-12 11:07 PM
    On 2nd July, what time was your i-485 application received at NSC?

    Hi,

    My application reached NSC on july 2nd 10.25 am & the LUD on my I-140 was changed on July 28th still no receipt notice or the cheque got cashed. No idea whatz going????

    So I guess the LUD change is nothing relevant to I-485 filing.

    Thanks & Regds
    MV





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  • kzinjuwadia
    05-14 11:38 AM
    I made an infopass appt and found out that the case was approved couple of days ago. I hadn't setup the email notification.



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  • transpass
    07-13 01:19 AM
    Hi Folks, I have a question about traveling to India...

    Want to travel from US to Indore, India. As I need to change planes either Mumbai or Delhi, how does it work?

    1. I came to know that in Mumbai, it is just change of terminals, not airports. Am I right?

    2. How about Delhi? Once I arrive at International airport in Delhi, to catch a domestic flight to Indore, is it change of airports or just change of terminals? Is there a shuttle provided?

    Thank you very much and I appreciate an accurate response...





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  • ravi_hyd
    10-30 10:44 AM
    .



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  • tabletpc
    08-02 09:01 AM
    Not to scare you...from u r details on GC...i will be surprised if you get 485 approved in 3-4 years as the PD is 2006 and its EB3.

    As of changing the job dilemma, i am alos in same boat. Being single we can't even use 485 benifits nor we can think of moving to another job. Mine is eb2 and 2006, but still can't think of waiting any longer. I ask myself this question of changing job/not 1000 times a day. Its jsut a matter of time before i get firm on my decsion.





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  • mhtanim
    02-11 06:00 PM
    Count me in. No FP Notice yet.



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  • prasadn
    10-07 07:31 PM
    My wife is in a similar situation. I-94 validity matches passport expiry (Dec 2008) , but H1 visa stamp is until Mar 2010. She has a new passport, but we are not sure if she will be out of status if she does not get a new I-94 and stays in the country beyond Dec 2008.





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  • MYGC2008
    07-19 09:17 AM
    07/15/2010: Change of Address and Potential Impact on Last Minute Adjudication of EB-485 Applications Whose Visa Numbers Become Available

    As people are aware, the USCIS has "preadjudicated" a large number of pending I-485 cases whose priority dates are close to the pace of the immigrant visa number availability in the Visa Bulletin and has been awaiting the visa number availability for the final decision. Generally, change of address to outside of the metropolitan area or different state is considered a red flag in the final adjudication process as the employment-based nonimmigrant status or intended place of employment is the "key" to the labor certification based immigration proceeding and labor certification remains valid only if the offered job in the place of employment continue to exist. From the perspective of the agency, one may move out of the intended place of employment either because of change of employment or loss of employment or other factors that contradicts to the inended place of employment for which a labor certification has been granted and the applicant is supposedly to work at the location once a green card is approved. Since the agency will not know why the address of residence has changed out of the intended place of employment metropolitan area or state, the last minute check can lead to issuance of RFE or in the worst cases, tranferring the file to a local district or field office for interview. Even if such move is justified in most of cases under AC 21, such RFE or transfer to local offices can cause delays in adjudication of the I-485 application. In some situation, while they deal with the RFE or local office interview scheduling, they can face the visa number retrogression. For this reason, those whose visa numbers are scheduled to become current in July and August 2010 may not want to move their place of residence out of the current metropolitan areas or the current states. Once they moved, they are required to report change of address in 10 days, knowingly failure of which can be considered a ground for deportation and denial of I-485 application. Accordingly, those who have already moved should file AR-11 within 10 days of move regardless of its impact on the final I-485 adjudication process. This reporter wants to remind the readers that place and "location" of employment is a key to the employment-based nonimmigrants and immigrants from the perspectives of U.S. immigration laws because the law is intended to protect U.S. labor market from unqualified or illegal immigrants and "wage" in each location constitutes a primary factor to determine the labor market and permit of a foreign worker to work in the market area at the prevailing wage or higher wage in the specific market area. Just a reminder.





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  • theMan
    06-29 10:30 AM
    How about adding "No control as Lawyer will not inform when he will file".
    This option may be valid for many users using the Corporate attorney.





    lostinbeta
    10-24 12:19 PM
    Haha... I got there on the highwind.

    If you land at exactly the right spot.. you can land on the dock, get out and booyah... the scene is all yours.





    hopeforgc
    06-21 08:39 PM
    Ofcourse the entire family knows of the predicament, they did not post them self because they do not want to expose them self , I do not want to expose them so I created a new account for my self.


    Thank you logiclife for you reply , Her H1 is valid until Oct 2008 do you consider that it is valid I94.



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