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  • nanz16
    12-11 06:32 PM
    Hi Cal97,

    AFAIK USCIS does not respond to interfiling requests. Whether it is successfully done is known only when you receive your 485 approval/ RFE Etc. Anyone with better answers ? I am also in the same boat.





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  • kaisersose
    01-22 04:37 PM
    The salary can be lesser than the previous salary and still be compliant with AC21. But the difference should not be too much and it is better to not get into such a situation.

    But there is the clause of "intent to work for the sponsoring employer". This overrides the AC21 laws and it is not clear what the repercussions can be if the employer wants to play nasty. Here is the part reproduced from the 2005 memeorandum. For this reason, try and part from yoru current employer amicably.

    ===

    ...as with any portability case, USCIS will focus on whether the I-140 petition represented the truly
    intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
    of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
    140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
    to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
    intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
    intent, but in appropriate cases additional evidence or investigation may be appropriate.

    ===





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  • ssss
    05-18 12:56 AM
    Your question is not clear. "her green card expires on the 21st of august"

    - She already got GC ? and expiring after five or 10 years? If so, the divorce will not impact the GC process.

    "she has an appointment on that day for what i think is to get her permanent residency"

    - If she is not yet getting her GC, then it will impact the GC. Either she has to be patient or lose it. Even after getting GC, if she goes for divorce immediately it will trigger investigation as if your friend married US citizen just to get the GC.


    This process is complicated and I dont think you can get the right answer in this forum. Better check with attoney.

    Probably he is talking about the conditional green card one gets after marrying a US citizen





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  • gceb3holder
    02-27 09:19 AM
    Glus

    That was exactly what I was looking for.

    What happen if the employer fire me because the project I am working on finishes and they can't reallocate me right away? Or for any other reasons? Of course I will not push anything to be fired, but it is a situation that can happen, specially with IT.

    Tks!



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  • rama_mvs
    07-18 03:45 PM
    Hi,
    I have worked for the same employer who filed my 485 as future employment for more than 6 years. He filed for H1 extension in last November'2006. It got denied in June'2007. But he send this denial as Motion to Reopen Case . For my safety I filed another H1 with another employer during this time and I am working for the new employer.
    My 140 got approved when I am with my old employer itself. Now he is filing 485 for me as Future employment.
    My question is after I receive AC21 and also after six months of receiving the receipt for 485 . Can I jump to another company or is it advisable to work for the company who filed my I-485 until I get my Green card or for how many months ?

    Thanks,
    Ram :mad:





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  • gcformeornot
    06-30 08:36 AM
    You are a line jumper. Get out of here..:mad:



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  • mheggade
    07-18 03:50 PM
    i was reading http://www.immigration-law.com/Canada.html just now,
    and I know that each year only 140000 green card is allocated for EB category.

    I have several question regarding this number/quota:

    1. Does that number (140000) include the spouse/all dependents of applicant ? or just the main applicant ?

    2. I keep hearing of this 7% cap for each country, what does that mean ?
    does that mean each country only have maximum of 9800 (7% * 140000) green card each year ?? or is it depend on the number of citizen of the country (for example citizen in India is bigger than Japan, so India will get bigger quota)


    thanks in advance :D
    1) Yes, 140K includes primary applicant,spouse and minor children.
    2)It means India or any other country can be alloted upto 9800 green card per Fiscal Year, again this number includes spouse and children.





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  • arukala
    01-20 03:02 PM
    Admin ,

    NEW LOOK AFTER A LONG TIME... It is really Good



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  • psaxena
    06-25 06:44 PM
    ......................





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  • sathish_gopalan
    07-19 12:27 AM
    I am on EAD currently. Priority date is Nov 2004 (EB3).
    I just switched to a new employer using AC21. Can I file for my EB2 and then interfile AOS ?.

    I understand that we need to file new Labor and I140. What happens at I485 ?. Do we need to revoke the current I485 and then apply for a new one. What will be status at that point and what will happen to the EAD ?.

    Please point me to any thread if this has already been discussed.



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  • srikondoji
    10-18 04:49 PM
    I will vigorously start buying megamillions and powerball tickets twice as musch as i do now. Atleast getting powerball lottery is better than getting GC through EB2 and EB3 category probability wise.

    go powerball
    go megamillions





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  • onemorecame
    06-11 04:41 PM
    Does anyone out there knows when is the next visa bulletin,I mean with the date the bulletin will be released?

    Zee.

    People are getting confuse with this thread. Please close this.
    you can check July Bulletin in :
    http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html



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  • waitingimmigrant
    10-21 04:54 PM
    gotcha.... thanks leo





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  • saurin
    02-08 04:32 PM
    I have a question to concerning my employment status. My manager recently told me that I should look out for a new job within company or outside. I am assuming he is saying that a layoff is looming out for me. I am currently on H-1B/EAD and my wife is also working on EAD.
    I can inquire about the prsopects of getting leave of absence which will help me in getting through the immigration process since my priority date is Feb. 18,2005 EB2 India. So I am almost there.
    But I am not sure what happens if there is a RFE asking for paystubs.In that case I may not be able to produce paystubs from my company since I am on LOA. And not from any other company since I have an H-1B, I cannot be working for any other company also.

    So which is better, LOA or termination of job? Hard choice..



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  • RareRFEon485
    04-16 10:05 AM
    Please explain how you have worked in Illinios for XYZ company( my GC sponsoring Company) living in MN,WA and TX.

    This was one line description I got as RFE on my I-485.

    My 140 is approved in Dec 2007. I had 1st RFE on I-485 for pay stubs and other things. This is the second RFE. I will consult good attorney. Any advise is helpful.

    Also I entered US on AP and I started my own company few months back. I am still working for GC sponsoring company. If by my bad luck my 485 gets denied..what are my options? Also I have my H1 petition valid till May 2012 but I don't have it stamped. Do I need to leave the country and get it stamped?





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  • go_getter007
    06-03 08:21 AM
    If you are in consulting and traveling to a client site 50 or more miles away from your residence frequently (e.g., in your friend's case at IBM, it might be every week from Mon to Thurs), it is quite an old practice to disclose the site location, publish a notice at the client site (that you are on h-1b), file for an amendment etc. - nothing new here.

    GG_007


    Donot be suprised to expect more, one of my friends at IBM got letter (from IBM attorney) asking to state client location etc..I think it could be based on any new USCIS H1B rules or verification ??



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  • supender
    09-29 08:35 AM
    thanks





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  • redgreen
    05-10 11:40 AM
    We are expecting some surprises in the July Bulletin. Remember July 2007 fiasco. This year also there are some situations like CIR as before. What about the expected spillover? However, can we expect positive surprises?

    Let us start the prediction, analysis, etc, game for the July Bulletin.





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  • gbof
    05-01 07:42 AM
    One of my friend who applied for an EAD renewal got it approved. But it went back to USCIS as undeliverable by post office. So he calls USCIS and opens an SR, and the rep says that his PR card application has been approved and will be remailed to him. Which means, they initially sent the GC instead of EAD. Can this happen? His PD is not current, he is from india with a PD of 2004.

    Also, after he opened an SR for this, he received a notice from USCIS via postal mail that an SR was created and that they are remailing the PR card and if he does not receive it within 60 days, he needs to call them.

    I told him that they are mistaking PR card for an EAD card and its the EAD card thats coming back to him. Anyone here had such an experience?? And defenitely my friend is just not excited too as he knows USCIS does not even know to put the correct card name in the notice.


    most likely, they are talking abt EAD.
    BTW: Did you receive your EAD yet? If so was it 1yr / 2 yr duration?. Your's is an interesting case of being approved within 1-week (altough filed before 120 days of expiration and mailed at the wrong center)





    polapragada
    10-10 03:47 PM
    Something or Nothing...:D:D:D:D

    OR EVERY THING :D





    malibuguy007
    10-03 05:38 PM
    And back on to the first page again :eek: