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amitjoey

06-14 02:26 PM

I think ability to pay is at 140 stage,and that has gotten cleared.I was wondering if I could file 485 from the old company and invoke ac 21 after 181 days.

Yes, You can. Ask an attorney. Sorry I did not really mean abiliity to pay. But the previous company that files your 485 should be a valid entity in business and an offer for employment should be valid, Since you need a letter from them stating the offer is open and terms of employment. Please consult an attorney, Nobody can give you any advice since a lot of other details are unknown. Overall generally speaking, looks like you can do it.

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gcpool

08-29 09:12 PM

On the application for renewal for EAD (online) there is question

Current Immigration Status:

IF a person is working on EAD so what should be selected.
There is nothing that is close to saying (Pending I-485 or AOS)

The options are

A1"A1: AMBASSADOR, DIPLOMAT
A2"A2: OTHER DIPLOMATIC OFFICIALS
A3"A3: ATTENDANTS OF A-1, A-2
AS"AS: ASYLUM
ASD"ASD: ASYLUM STATUS DENIED
AW"AW: RAW APPLIED FOR AT A PORT
B1"B1: TEMPORARY VISITOR FOR BUSINESS
B2"B2: TEMPORARY VISITOR FOR PLEASURE
BE"BE: BERING STRAIT ENTRIES
C1"C1: ALIEN IN TRANSIT THROUGH U.S.
C2"C2: ALIEN IN TRANSIT TO UN HQ
C3"C3: FRN GOV OFF IN TRANSIT THRU US
C4"C4: TRANSIT WITHOUT A VISA
CC"CC: CUBAN MASS MIGRATION PROJECT
CH"CH: PAROLEE (HUMANITARIAN/HQ AUTH)
CP"CP: PAROLEE (PUBLIC INT/HQ AUTH)
D1"D1: ALIEN CREW DEPART SAME VESSEL
D2"D2: ALIEN CREW DEPART OTHER VESSEL
DA"DA: ADVANCE PAROLE (DISTRICT AUTH)
DE"DE: PAROLEE (DEFERRED INSPECTION)
DT"DT: PAROLEE (DISTRICT/POE AUTH)
E-1 Dependent"E-1 Dependent: SPOUSE/CHILD of E-1
E-2 Dependent"E-2 Dependent: Spouse/Child of E-2
E1"E1: TREATY TRADER/SPOUSE/CHILDREN
E2"E2: TREATY INVESTOR/SPOUSE/CHILD
EAO"EAO: EMPLOYMENT ADVISORY OPTION
EWI"EWI: ENTRY WITHOUT INSPECTION
F1"F1: STUDENT - ACADEMIC
F2"F2: SPOUSE/CHILD OF F-1
FUG"FUG: FAMILY UNITY GRANTED
G1"G1: PRINCIPAL REP. FOREIGN GOVT
G2"G2: OTHER REP FOREIGN GOVT
G3"G3: REP NON-RECOGNIZED FOREIGN GOV
G4"G4: OFFICER/EMPLOYEE INTL. ORG.
G5"G5: ATTENDANTS OF G1, G2, G3, G4
GB"GB: VISITOR WITHOUT A VISA 15 DAYS
GT"GT: VISITOR WITHOUT A VISA 15 DAYS
H1"H1: ALIEN OF DIST MERIT & ABILITY
H1A"H1A: REGISTERED NURSE
H1B"H1B: SPECIALITY OCCUPATION
H1C"H1C: Nurse Relief
H2"H2: TEMPORARY LABOR CERTIFICATION
H2A"H2A: TEMPORARY AGRICULTURAL WORKER
H2B"H2B: TEMPORARY NON-AG WORKER
H3"H3: ALIEN TRAINEE
H3A"H3A: TRAINEE
H3B"H3B: SPECIAL EDUCATION TRAINING
H4"H4: SPOUSE/CHILD OF H-1 THRU H-3
I"I: FOREIGN PRESS
IMM"IMM: IMMIGRANT
IN"IN: INDEFINITE PAROLE
J1"J1: EXCHANGE VISITOR
J2"J2: SPOUSE/CHILD OF J-1
K1"K1: ALIEN FIANCE(E) OF USC
K2"K2: CHILD OF K1
K3"K3: SPOUSE OF USC
K4"K4: CHILD OF USC
L1"L1: INTRA-COMPANY TRANSFEREE
L1A"L1A: MANAGER OR EXECUTIVE
L1B"L1B: SPECIALIZED KNOWLEDGE ALIEN
L2"L2: SPOUSE/CHILD OF L-1
LZ"LZ: BLANKET L PETITION
M1"M1: STUDENT - VOCATIONAL/NON-ACAD.
M2"M2: SPOUSE/CHILD OF M-1
ML"ML: PAROLEE-MEDICAL, LEGAL, HUMAN
N8"N8: PARENT OF SPEC IMMIGRANT CHILD
N9"N9: SPOUSE/CHILD OF N8
NATO-1"NATO-1: PRINCIPAL REP. OF NATO MEMBER
NATO-2"NATO-2: OTHER REP. OF NATO MEMBER
NATO-3"NATO-3: CLERICAL STAFF FOR N-1, N-2
NATO-4"NATO-4: OFFICIALS OF NATO_ION
NATO-5"NATO-5: EXPERTS EMPLOYED BY NATO
NATO-6"NATO-6: CIVILIAN COMPONENT OF NATO
NATO-7"NATO-7: ATTENDANTS OF N-1 THROUGH N-6
O1"O1: ALIEN W/EXTRAORDINARY ABILITY
O1A"O1A: EXTRAORDINARY ALIEN - NON-ARTS
O1B"O1B: EXTRAORDINARY ALIEN IN ARTS
O2"O2: ACCOMPANYING ALIEN TO O1
O3"O3: SPOUSE/CHILD OF O-1, O-2
OP"OP: PAROLEE (OVERSEAS AUTHORIZED)
P1"P1: ATHLETE OR ENTERTAINER
P1A"P1A: ALIEN WITH ATHLETIC EVENT
P1B"P1B: ALIEN WITH ENTERTAINMENT GROUP
P1S"P1S: SUPPORT PERSON OF P-1
P2"P2: EXHANGE ARTIST/ENTERTAINER
P2S"P2S: SUPPORT PERSON OF P-2
P3"P3: UNIQUE PGM ARTIST/ENTERTAINER
P3S"P3S: SUPPORT PERSON OF P-3
P4"P4: SPOUSE/CHILD OF P-1, P-2, P-3
PAR"PAR: PAROLEE
PI"PI: PACIFIC ISLANDER
Q1"Q1: INTL CULTURAL XCHG VISITORS
Q2"Q2: IRISH PEACE PROCESS PARTICPNTS
Q3"Q3: SPOUSE/CHILD OF Q2
R1"R1: RELIGIOUS OCCUPATION
R2"R2: SPOUSE/CHILD OF R-1
RE"RE: REFUGEE
RE5"RE5: HAITIAN W/GRANTED REFUGEE STAT
RW"RW: RAW APPLIED FOR AT A US CO
S1"S1: SPECIAL AGRICULTURAL WORKER
S2"S2: SPECIAL AGRICULTURAL WORKER
S5"S5: INFORMANT OF CRIMINAL ORGANIZATION INFORMATION
S6"S6: INFORMANT OF TERRORISM INFORMATION
S9"S9: EMERGENCY FARM WORKER
SDF"SDF: SUSPECTED DOCUMENT FRAUD
ST"ST: STOWAWAY
T1"T1: VICTIM OF SEVERE FORM OF TRAFK
T2"T2: SPOUSE OF T1
T3"T3: CHILD OF T1
T4"T4: PARENT OF T1
TB"TB: SPOUSE OR CHILD OF CAN. FR
TC"TC: CANADIAN FREE TRADE AGREEMENT
TD"TD: NAFTA DEPENDENT
TN1"TN1: NAFTA PRINCIPAL (CANADA)
TN2"TN2: NAFTA PRINCIPAL (MEXICO)
TPS A-12"TPS A-12: APPROVED FOR TPS ON FORM I-821
TWO"TWO: TRANSIT WITHOUT A VISA
U1"U1: VICTIM OF CRIMINAL ACTIVITY
U2"U2: SPOUSE OF U1
U3"U3: CHILD OF U1
U4"U4: PARENT OF U1
UN"UN: UNKNOWN
V1"V1: SPOUSE OF LPR
V2"V2: CHILD OF LPR
V3"V3: DEPENDANTS OF V1 OR V2
WB"WB: VISITOR FOR BUSINESS - VWPP
WD"WD: WITHDRAWL (I-275)
WI"WI: WITHOUT INSPECTION
WT"WT: VISITOR FOR PLEASURE - VWPP

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07-26 10:39 AM

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dummgelauft

04-14 10:04 AM

Umnagini! tough luck man. If this were at-all possible, I would have had my Green card 5 years ago. I have the exact same situation as yours. No, can't do it.

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herns

03-07 12:02 PM

So, as someone already said, if your approved 140 isn't revoked within 180 days and your 485 isn't adjudicated as well, you are ok. You may want to find a job soon though so you don't have trouble transferring

With this present economic status I think a lot of I-485 that is still pending faces layoffs or had been laid off, particularly in my field in architecture. I just wish It wont happen to those who have waited for so long to get their green card.

I was laid off last Feb. 19/ 09. I had my I-140 approved last Aug 2006 and my I-485 is still pending for more than a year now.

The day before I got laid off from work, I talked to the immigration personnel in charge in my company and he told me that they wont cancel my I-485 in case I get laid off and advice me to inform them when I found a new sponsor to carry over my I-485.

Since the law is not clear how long can I stay unemployed, would there be something to worry in my present situation? I just need an answer that could lift up my hope.Just like everybody else, Ive waited for so long for my green card, and when I landed this big company, I thought this is where I would get my Green card but that hope was shattered when I got laid off. There is no job out there and it could drag on for months.

For those who got their Green card and those who are blessed to be born in this great country, your advice or input in my situation is very much appreciated.

Thank you.

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StuckInTheMuck

09-02 01:53 PM

Is your RFE regarding Medical?

Did you sent your Medical Reports?

Any Good news after Medical reports sent?

Sorry for the late reply. Yes the RFE was for medical (for me and spouse) as I thought. We sent response on Aug 12, got hard LUD ("response received, case processing resumed") Aug 19, then soft LUDs on Aug 20, 21, 26 and 27, and nothing after that.

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tnite

08-03 10:36 PM

See the disclaimer at the bottom of the page. It says it might take another 14 days to receive the receipt even though they might have issued it. What I understand from this is that USCIS has completed the data entry for the dates given and issue the receipts (essentially means, receipt date has been marked against your application in the database) but the receipt will take another 14 days to reach.

So guys keep patience as USCIS is going to give us update every week now...mentioned in the news letter.


So assuming the application was received on 07/01/2007 then 14 days is 07/15 as we know that except for few no one else has received the receipts

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singhsa3

09-05 11:47 AM

Please visit this site http://www.immigration-law.com/Canada.html . You will see that STRIVE bill is about to be introduced in both houses. Also notice that this bill is a bipartisan bill with Democrats in the lead. This increase chances of its success.

Note that though it is a comprehensive immigration reform bill but it does have some positive provisions, which greatly affect us. For example: The effective yearly green cards will be increased from 140K per year to 290K *2.5 = 725K, where 2.5 is the multiplier for spouse and children as they will be exempted from the quota.
In simple terms, priority dates will become current as soon as the bill passes.

Unfortunately, the bill needs to be passed by certain majority and there are three categories of people who will vote on this a) In favor b) Not in favor c) Haven’t decided yet. Category “C” are the ones that need to be convinced to vote in favor of the bill.

One of the goals of the Sep 18th rally is to meet with the category “c” lawmakers and try bringing then on our side. But if our number is not large enough they will most likely be voting Nay and hence defeating the bill.

So think and act….

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roseball

04-03 09:13 AM

You can get a 3 yr extension. However, if you happen to go for stamping, I would advise to get it done in your new PP, if possible. Depending on which Indian Embassy's jurisdiction you fall under, you can apply for PP renewal within 1 year to 6 months of your PP expiry. Note that the renewal process might take anywhere between 4 - 8 weeks.

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08-30 08:53 PM

Congratulations!!! Celebrate! :D

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ski_dude12

04-01 05:51 PM

Why did you not stick with the approved labor with company A, thus retaining the priority date of Nov 2006???

If you used substitution labor just to get ahead of others who are in the line, then I hope no one answers your query. I won't be as critical as zCool but substitute labor cases are repulsive.

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raysaikat

05-31 12:18 AM

Thanks a lot, Raysaikat.
I appreciate the response.Here are a few of my immidiate thoughts....

1)I have been unemployed for a little over 180 days now.The key question is what is the penalty for remaining in the country for doing so?
This is the year when most people actually did NOT get jobs...I am guessing there are a lot of people in my position.

There are two things: (i) out of status, (ii) unlawful presence. Unlawful presence is a narrower concept (a subset of out of status) with severe consequences: a person who has been unlawfully present for 180 days to 365 days is barred for 3 years from reentering; a person who has been unlawfully present for more than 1 year is barred from reentering for 10 years.

It is a complicated matter to determine if your "out of status" days have become "unlawfully present" days. I am not qualified to make that judgment: you need to ask an immigration lawyer, or your school's International Student's Office. I suspect that you are merely out of status and not yet unlawfully present:

In this document, "out of status" is defined as what I am referring to as "unlawful presence".
212(a)(9)(b) Out of Status Penalty Law: This section of law provides [snip]

* For purposes of this provision of the law only, a person who has violated the terms of their status, but who has not remained in the US past their fixed status expiration date as shown on their papers will not be considered to be “out of status” unless and until a government agency has officially informed them that they are “out of status.” In other word, it is possible for to be “out of status” for purposes of filing an extension or change of status in the US, but not be “out of status” for purposes of this penalty provision of the law.
[snip...]
It is not clear to me what should be regarded as the "fixed status expiration date" in your case. In the best case, that is the time your 12 month OPT expires and from that time you will start to accrue unlawfully present days. In the worst case, that is the time when your 90 days of OPT period expired, which means that you have already accumulated more than 180 days of unlawful presence and you will be barred from reentering US for 3 years.

Again, if you need to know this, please consult an immigration lawyer. Your school's international students' office should also be able to help you. But in my experience, they are not able to deal with complex situations and usually gives too conservative an answer that will save their behind should there be any complications. Once one staff of my school's ISSO asked me to apply for CPT for working in the UK! Thankfully the actual advisor was more knowledgeable. However, the advisors are not immigration lawyers.


2)How does USCIS actually track who is employed and who is not?

They may have multiple methods if they actually launch an investigation, but usually they will check their records the next time you apply for a VISA, inside or outside US. E.g., if you want to apply for H1-B, you will have to show that you are not out of status.



3)If I were to catch the next flight back home (India), will I face problems while leaving the US/or entering India?


Nope. You can merrily exit US. Entering home country of course is in the jurisdiction of the authority of your home country. Assuming you are an Indian citizen, they cannot prevent you from entering.

I.e., you will have no problem at all.



4)Can I get a letter from a firm/company stating that I was doing an unpaid internship with them?(which will be counted towards the employment period)Are there any repurcursions for the company?

Any thoughts/opinions wouldbe most appreciated.
Thanks!

My only suggestion is not to walk the path of doing fraudulent activities for staying in the US. If that means going back to India, please do so. Perhaps you will have an equally bright career in India.

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ramus

06-04 10:25 AM

Its old bill........IV has bill text on home page. We don't need to go anywhere to find text.


Please please send web-fax now if you have not already.

Thanks.





This is the text that i see on Govtrack.us
http://www.govtrack.us/congress/billtext.xpd?bill=s110-1348
Are we missing some thing here, I see SKILL is part of this draft!!:confused:

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siravi

11-23 10:22 AM

nihar,

a couple of members tried help you with this query you posted in another thread earlier... (http://immigrationvoice.org/forum/showthread.php?t=15594)

1) please write clearly. The SMS format (?) is not helping much :(
2) you need to provide some more/basic information as was also requested earlier (above thread, post # 28)
3) as suggested above, really, your best bet would be to talk to an international student advisor at your university/college, since you have been on F1.

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aadimanav

11-01 09:40 PM

Hello experts,

Could someone explain to me why is that 61,000 visa recapture exclusively for nurses is not good for EB3 category? To me it will make the EB3 queue smaller (i.e. Current Applications In the EB3 Queue MINUS 61,000). Why this is not good, and why I don't hear any body say so?

* Is this not good because 61,000 visas will be recaptured EXCLUSIVELY for NURSES. This 61,000 quota should have been spread over all categories EB1, EB2, EB3.

* Is this not good because it doesn't help EB2 and EB1?

* Some other reason

Please educate and comment.

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pandu_hawaldar

10-05 01:14 PM

My wife's case does not have any LUD (soft/hard) since 09/24, while mine has latest LUD 09/30. That's why I am worried, that there is no update on that case.

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RedHat

08-29 11:41 PM

Today i got REF regarding my GC .
USCIS is asking me to provide following:

1)All Documents pertaining to US immegration status. Including most recent I-94 , EAD, and all my H1 copies
2)Copies of all US Federal Tax retuns ever filed.
3)Copies of first and last pay stubs of all US employers.
4)Birth Ceritificatates
5)Marriage cetificate and cermony photos.



I have all documents except my first paycheck of the first employer.

I came to USA in the year of 1999 without my employer permision.
I stayed with frieds help without informing the my employer(who filed the H1B was not interested to bring me usa becuase market was not good). It took 8 months to get job after that i contact my employer and i was with him for 6 months and joined another company.

Only problem is , i stayed 8 months in the USA without job(without status).


Between 1999 to 2007 i visited inida 4 times without any issues.

USCIS is asking me submit my first paycheck. - I did not work first 8 months


Anyone can guide me how to handle this case?.

If i tell my employer was not paid first 8 months will that be any problem?
And what are chances of get my GC.

Please help!

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gconmymind

03-27 07:17 PM

Just Paypal'd $50. Will do 50 more after the news. Hopefully, will do even more if I am really really celebrating the good news! :)

Keep contributing guys!

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sac-r-ten

06-17 12:15 PM

Tell me the one which you developed and i won't buy it from the apple store. since if DOL/USCIS catches you and apple removes the support for it then i won't be a happy person.
Just kidding.

Go ahead man. live your dream. why bother about trivials like DOL/USCIS.

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tabletpc

05-28 11:43 AM

gc_on_demand
when you say "You will be back on line in this mess."...do you mean I again need to get PERM approved from new company and i-140 and then apply for 485..??
or can I jsut apply for 485 with previous company labor and i-140 approval...??

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raj1998

05-19 10:09 AM

In the similar boat.. I received sms/email on 13th that 485 has been approved but have not received any welcome/approval letter till date. I am on H1b. It has expired and I don't have Advance Parole also. I need to travel urgently in first week of June 2011. I was thinking of getting my H1b stamped during the trip, but since that's not possible what are my options???
I called my lawyers office but really didn't get any sound reply... seems like that lost interest once I told them I am not filing EAD/AP and GC is approved

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