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  • glus
    02-27 09:09 AM
    I have received my GC on January 28th. My company filled the following with USCIS:

    I140 was filled on Nov. 21 2007 and Approved on Jan 24th 2008
    I485 was filled on Nov. 21 2007 and Approved on Jan 20th 2008

    Now... some people say to me to wait 180 days to quit my current job (which is paying me half of what I should be earning as a GC holder), some people say it is okay to leave at anytime....

    So, I don't know what to do, I pretend to become a citzen in 5 years also, and not sure if this will count bad towards that.

    I have some reasons to leave: sallary is low (they will not negociate more), wife is pregnant and I am getting a mortgage.

    Please advice.

    Ok, since your GC has been approved, it is not true you need to wait 180 days. There is nothing in the law that says that. What is true is something different. When you received your GC through your employer, the presumption is that you will remain with this employer for a long time to come as it was a permanent job offer position. Of course, under some circumstances, it is possible you can't work for the same employer any longer; for instance, the company is closing etc. But, if you receive a GC and you voluntarily leave your employer immediately or after a few months, you MAY have issues during naturalization. At that time your application can be scrutinized whether or not you really was going to work for the employer who sponsored you. I've seen this happening several times. If you left voluntarily after a short period of time, the USCIS may say it was fraud and you never intended to work for your sponsor. So, in general, it is advisable to remain with the original sponsor for some time. Some attorneys say 1 year is enough, some say 2 years is enough and some say 6 months is enough. It is up to you. The law does not specify what the period is, but be logical and careful about this. You can hold 5 jobs, but I would suggest to stay with your current employer for as long as possible. Think forward, and not backward.

    Hope this makes sense.





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  • h4visa
    07-27 01:26 PM
    what H1 and H4 has to do? Once you start using EAD..your current status has no impact. On EAD, you can do multiple jobs but similiar description.

    -M


    what about H4? I believe no job description is required...rt? I mean once H4 gets EAD. Pls reply





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  • bestin
    10-23 06:09 PM
    Appreciate your dedication WD/CC.I am kind of busy this week.Will get back to u this weekend.





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  • desi3933
    05-21 06:40 AM
    My past post on this issue
    http://immigrationvoice.org/forum/showpost.php?p=322561&postcount=11

    Thread on that topic
    http://immigrationvoice.org/forum/showthread.php?t=5450



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  • fastergcwanted
    07-18 09:19 AM
    See below:

    Taken from www.immigration-law.com

    07/18/2007: Reinstatement of Original July Visa Bulletin and Uncertain Impact on Pre-July "Tagged" EB-485 Applications and Processing Time of I-485 Applications in the Future

    The other EB-485 waiters will turn out to be a big victim to the DOS/USCIS decision yesterday. Since there will be no visa numbers available until October 1, 2007, the people whose EB-485 applications were "not tagged" before July 1 will experience a tremendous delay in obtaining the green card. When it comes to the delays in obtaining the green card approvals, the new filers in July and those filers before August 17 will also witness a tremendous delays and will have to endure a long and long journey to leave the pipeline of the green card process. Why? As we reported quite earlier in this visa fiasco, we even estimated that approximately 750,000 individual EB-485 applications can be poured into the system during this unusual period of visa number availability as affected by the upcoming filing fee increases and more importantantly the anticipated potential huge visa number retrogression ahead during when they may not be able to file their 485 applications because of the retrogression. After all, the system has only 140,000 numbers for the entire EB categories for each year. Go figure! What would look like the waiting time for the current EB-485 filers and the current EB-485 filers before July 1, 2007!





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  • UniGum
    09-21 02:45 PM
    let us hope and pray bec will do something to finish this ASAP.... it's too much depressing....



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  • shankar_thanu
    07-27 09:10 AM
    Very helpful man, thanks.

    and yes, it would be helpful to have this somewhere in a prominent spot on IV..





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  • pd_recapturing
    03-07 08:46 PM
    I have a quick question on salary issue with 485. My EB2 I-140 states that my yearly salary 87k per annum. It got approved last year. I realized that my w-2 only reflects 64k for last year. I did not work for 2 months because of some personal reason. Is this less salary going to affect my 485 application? I thougt, GC is for future jobs so its okay. Can somebody please clarify this ?



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  • grupak
    08-15 07:40 PM
    Thank you all for the good wishes!

    Good to see you Jazz.

    Congratulation,


    You said relocated- Did you invoke AC21 and if so, did you inform
    USCIS about your new employer/job? Please, let us know on this


    My GC came before I officially joined the new employer. And NIW is a bit grey area I think... I don't need an employer but I am expected to continue my contribution in my field of expertise.

    But as people have mentioned AC21 is your right... you don't have to invoke it. If USCIS asks, you prove through documentation how you are covered under AC21.





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  • yabadaba
    12-21 08:22 AM
    ok that makes sense.



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  • Humhongekamyab
    08-20 03:17 PM
    I am glad they have started enforcing this. This will let them work on the cases rather than answer the calls.





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  • krishmunn
    09-21 07:11 AM
    First thing you need to do is setup a 30 min - 1 hour appointment with an experienced Attorney (Khanna/ Murthy/ Ron) You can have a telephonic discussion. Do not think about money and go for the best.

    During discussion bring up the topic of new employment (C) as well .

    If you have the format from your current company attorney , show it to them .

    It might be simpler then you are thinking.



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  • H1B-GC
    05-27 08:30 AM
    As long as a person is meek and weak, that's what we get - Nothing. With AOS pending, every person in most states are bound to get 1 year renewal..Period. Be forceful but polite in expressing it. Take it to the next level - Supervisor.Ask what they mean or definition of "old I-485". Tell them you are Paying all Taxes (Federal, state, Social, Medicare.... ).

    By the time you come hear, mostly probably, the agent might have approved a 1 year Renewal.

    Seems FAIR is slowly creeping into DMV also.





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  • GoGreen
    07-18 09:58 AM
    Hello all, my lawyer is charging $600 for EAD (including uscis fees), I heard from one of my friends that EAD can be applied by yourself.

    Has anyone done that?
    Is it easy to do that?



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  • brb2
    09-21 09:37 PM
    Any time of the day there are more "guests" logged on than members. Making all the forums "members only" will double the membership right away:)





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  • kevinkris
    11-10 02:50 PM
    Guys,

    I think they are doing it across in NY.
    This is really stupid. Most of the people will not have valid stamping on an expiring passport.

    San Francisco was fine. They gave me for 10 years in January.

    Don't know what their policy now.




    Hi friends,
    My brother in NJ got his new passport at NY Indian consulate (since old one was expiring soon). They gave new passport which was valid for only one year - saying that they need valid unexpired visa-stamp to give 10 year validity passport.
    They said that they will NOT accept
    - valid unexpired EAD
    - valid unexpired AP
    - valid 485 receipt
    - even valid unexpired H1 approval notice (my brother still has H1 in addition to AP)
    ...Now it is so absurd that, even if my bro went for visa stamping (which he isn't planning), he will not probably be issued 3 yr visa as passport is valid for very short duration. A chicken and egg problem.
    In addition why do Indian consulate worry about our visa status for determining passport validity duration ? If they do care then at least they must accept the legal documents (ead/ap/485 receipt/h1 approval notice) to make a decision.

    I will appreciate if anyone has a solution to this problem. All answers appreciated.

    I am so sad (and mad) that lawmakers of our country are still haunting us while we are away from our country and trying to contribute to its progress.



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  • brav
    07-31 11:20 AM
    After going through all this , now we are hearing discussions that it is safe to maintain a H1B, (just) in case the 485 gets denied.

    I for one would take my chances and switch from H1B to EAD.





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  • raysaikat
    10-09 07:49 PM
    ...
    He can stay here upto his i-94 legally...

    This is unlikely to be true. The dependent's VISA status is connected to the primary's VISA status. When the poster leaves for India permanently, by which I assume that she quits her job in US, she stops maintaining H1-B status, which means her dependent's H-4 status becomes void.

    So basically her husband cannot legally stay in US in his current status if the OP leaves.





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  • Tshelar
    11-11 08:35 AM
    I am guessing you are only worried about the original degree getting lost in this process. Worst case scenario you can always get another one issued from the university.
    Send a covering letter mentioning that you want the Original Degree certificate returned to you or your attorney. Self Addressed envelop wouldn't hurt.
    Transcripts you would be anyway getting from the university in a sealed envelop that you would need to send it to the USCIS.
    I am guessing USCIS is trying to follow a similar process as any U.S college admission process.





    chanduv23
    04-22 11:58 AM
    There is a high possibility that more RFEs are being issued as there is a lot of background processing going on. Th economy is down and there might be instructions from top to review cases closely.

    A denial can happen when RFEs are not responded in time.

    From what I have been seeing on forum - all RFEs that people got for i 485 are not something difficult to answer.

    If you look at RFEs for h1bs - some are very complicated and these days Attorneys are charging around 3K for responding to RFE with no guarantee





    glus
    12-16 09:36 AM
    I'm EB3 (ROW)...PD: May 2006. My I485 is pending more than 18 months and I140 is approved a year ago. Recently, my boss fired me. I left the company and got a better job within a week. thanks god.

    Now my ex-employer is calling my lawyer and bringing some alligation against me and asking my lawyer to withdraw my case. He also mentioned to my lawyer that he is going to call the immigration and take action against me by withdrawing my case.

    1...Does anyone have any idea how the immigration going to react after listening to his alligation against me?

    2...by submitting any paperwork to them can he hamper my proessing?

    3...Do i have anything to scare about?

    4...what should i do now?


    This issues a very crutial to me now. he is one of those nasty desi employer's who underpaid me last 6 years not just acting funny when I'm asking for my rights. He setup the whole alligation against me and have some office staff working and supporting him.

    I need help.....please let me know what should i do....please people help me....

    After 180 days I-485 is pending and I-140 is approved, your priority date remains valid even if your employer withdraws approved I-140. Basically, your ex-employer cannot stop the case, and as long as you find a new job in similar ocupation and very similar duties, you I-485 can still be approved. Read AC-21 for more information.
    Suggestion: keep the employment termination letter/note/email for records for future reference.



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