zulo1715
10-20 04:34 PM
Hello,
I got my I-485 approval today, but my situation is a little complicated. I'm gonna explain that to you, and I appreciate your comments and thoughts.
My I-140 got approved two months ago, but the sad part is that I lost my job the day after I got my I-140 approval. My employer told me that it was because of the lack of projects, and I'd be back as soon as they got a new project (I don't think that happens soon; actually, I'm not counting on that). I was also told that they would not cancel my GC application (i.e. they won't revoke my I-140), and they would help me even if an RFE was raised to ask for an employment letter. Fortunately enough looks like I've not been out of status since I lost my job (I already filed my I-485 and got the approval for I-140 when I lost my job).
OK! here's what I'm worried about. My lawyer told me that as soon as I get my green card, I'm all set. He told me so when I asked him what would happen if I just wait for my GC approval and not to work for any other employer before then. I even have my EAD, but I decided not to go for another employer to make sure that I'm not raising a flag before getting my GC (that would be fine if I passed more than 180 days after my I-485 approval with an approved I-140). I know that some guys here say it's better (or even it's needed) to work for the company who sponsored your GC 6 months to one year after getting green card in order not to have an issue when applying for citizenship, but the thing is that my company doesn't have any project right now.
- Is there anything I can do to make sure that I'll be safe and sound in the future? What do I need to do now to make sure that my citizenship process in futute is OK?
- Is there anything that the sponsoring company can do regarding this; I mean help me out?
- Can I work for another employer now that I have my GC in hand?
Thank you,
I got my I-485 approval today, but my situation is a little complicated. I'm gonna explain that to you, and I appreciate your comments and thoughts.
My I-140 got approved two months ago, but the sad part is that I lost my job the day after I got my I-140 approval. My employer told me that it was because of the lack of projects, and I'd be back as soon as they got a new project (I don't think that happens soon; actually, I'm not counting on that). I was also told that they would not cancel my GC application (i.e. they won't revoke my I-140), and they would help me even if an RFE was raised to ask for an employment letter. Fortunately enough looks like I've not been out of status since I lost my job (I already filed my I-485 and got the approval for I-140 when I lost my job).
OK! here's what I'm worried about. My lawyer told me that as soon as I get my green card, I'm all set. He told me so when I asked him what would happen if I just wait for my GC approval and not to work for any other employer before then. I even have my EAD, but I decided not to go for another employer to make sure that I'm not raising a flag before getting my GC (that would be fine if I passed more than 180 days after my I-485 approval with an approved I-140). I know that some guys here say it's better (or even it's needed) to work for the company who sponsored your GC 6 months to one year after getting green card in order not to have an issue when applying for citizenship, but the thing is that my company doesn't have any project right now.
- Is there anything I can do to make sure that I'll be safe and sound in the future? What do I need to do now to make sure that my citizenship process in futute is OK?
- Is there anything that the sponsoring company can do regarding this; I mean help me out?
- Can I work for another employer now that I have my GC in hand?
Thank you,
TO BE OR NO TO BE
10-22 08:33 AM
Just curious! I think with the new job one can start EB2 Process and port the existing PD. right?
Yes. I consulted a famous laywer earlier this month on this issue. She mentioned to me that normally USCIS don't have any issues in porting even if your previous I-140 is revoked, but law allows them to not let you port the PD (only in the case if previous employer revokes I-140). Just to clarify though, previous employer's I-140 withdrawal does not effect your existing green card processing as long as I-140 was approved and 180 days have passed since filing of I-485.
I hope this helps.
Yes. I consulted a famous laywer earlier this month on this issue. She mentioned to me that normally USCIS don't have any issues in porting even if your previous I-140 is revoked, but law allows them to not let you port the PD (only in the case if previous employer revokes I-140). Just to clarify though, previous employer's I-140 withdrawal does not effect your existing green card processing as long as I-140 was approved and 180 days have passed since filing of I-485.
I hope this helps.
wizpal
02-26 09:55 AM
She could pursue Masters on H4 visa as well. It has its own merits and disadvantages. Advantages are she would be eligible to in-state tution waiver(Which is significant) and could complete the program at her own pace. Disadvantage is that she would NOT be eligible for any scholorship and can not work while on H4.
lostinbeta
11-16 09:26 PM
This is all in fun anyway :)
more...
number30
03-18 06:13 PM
LCA wage is $60K. For the current company it is Ok since I worked only for 8 months. But my concern is W2 with $50K in CA bay area will definitely raise a red flag when it comes to any further encounter with USICS (H1 extn/Labor/I-140/AOS/Consulate stamping). I will need to do a lot of explanation. I�m trying to avoid all that with a $60K W2.
You are thinking too much. Whether you are in Bay area or in NYC , it does not matter. All they care is whether you are getting a salary mentioned on the LCA or not.
I
You are thinking too much. Whether you are in Bay area or in NYC , it does not matter. All they care is whether you are getting a salary mentioned on the LCA or not.
I
me_myself
12-16 10:57 AM
why do you say it will become void? I am going to work for the same employer who got my H1.
Thanks.
Thanks.
more...
cleopatra
02-07 10:03 AM
My company applied for PERM as a project manager for me. It got classified as Computer information systems manager and got a very high PW.
My company knows the job I am doing is not CIS manager's job. So they appealed it, but the appeal was denied and DOL insists that it is CISM and the pay should be this high.
I have not come across a single PM making this pay (though I wouldn't object to it if I can get it :) ). This is totally absurd.
How do we prove that PM != CIS Manager and get Project manager certified under EB2 with proper wages?
Any help is greatly appreciated.
My company knows the job I am doing is not CIS manager's job. So they appealed it, but the appeal was denied and DOL insists that it is CISM and the pay should be this high.
I have not come across a single PM making this pay (though I wouldn't object to it if I can get it :) ). This is totally absurd.
How do we prove that PM != CIS Manager and get Project manager certified under EB2 with proper wages?
Any help is greatly appreciated.
kittu1991
07-17 07:18 PM
We travelled last year from Kochi to SFO with no issue. Yes you have to go secondary room. Based on the number of people ahead of you, your wait can vary. But once its your turn it should take only less than 5 mins.
more...
bestin
10-21 09:40 PM
140 APPROVED.
In addition to the first RFE as above,i received one more RFE.In the second RFE they mentioned that education and experience satisfies labour,but wanted more documents from company to prove A2P.Company sent tax returns and got the approval in 6 days.Yet to receive the notice.
Good luck to all waiting for approval.
In addition to the first RFE as above,i received one more RFE.In the second RFE they mentioned that education and experience satisfies labour,but wanted more documents from company to prove A2P.Company sent tax returns and got the approval in 6 days.Yet to receive the notice.
Good luck to all waiting for approval.
usr2004
07-26 12:22 PM
But I already filed my I-485 on July 12 th. I dont kow exact name they call for this type of I-140 filing, my attorney told me this is successor in interest.
more...
meridiani.planum
07-18 11:20 AM
thanks for the responses everyone!
gg_ny
02-16 02:56 PM
http://www.immigrationportal.com/archive/index.php/t-191393.html
Please find answers to your question here. I forgot the actual pages from USCIS red book but a simple logic states that 485 background screening is atrociously longer than the one done after filing for H1B application. That means they are different (or ought to be).
Am I understanding this right ?
FOR H1/L1 They do a FBI background check
FOR I-485/CP They do a Name Check
Regarding long names, longer the better as told by my lawyer! I think they do a series of checks with: common variants, substring matches, binomial match etc. Hence (assuming you are from India) if you are (for eg.) Randy Kumar or Randy Krishnamurthysarma, you can take a guess which combination would be less common..
This is intended in a not-so-serious sense as I dont have any insight or inside view of FBI functionings...
Please someone clarify, I do have a loooong name just wanted to know what I am getting into here.
Please find answers to your question here. I forgot the actual pages from USCIS red book but a simple logic states that 485 background screening is atrociously longer than the one done after filing for H1B application. That means they are different (or ought to be).
Am I understanding this right ?
FOR H1/L1 They do a FBI background check
FOR I-485/CP They do a Name Check
Regarding long names, longer the better as told by my lawyer! I think they do a series of checks with: common variants, substring matches, binomial match etc. Hence (assuming you are from India) if you are (for eg.) Randy Kumar or Randy Krishnamurthysarma, you can take a guess which combination would be less common..
This is intended in a not-so-serious sense as I dont have any insight or inside view of FBI functionings...
Please someone clarify, I do have a loooong name just wanted to know what I am getting into here.
more...
pd_recapturing
07-18 04:49 PM
--------------------------------------------------------------------------------
Hi guys, I have a approved EB3 I-140 with PD of May 2004. I recently applied a new EB2 I-140 under the PP to port PD and got RFE. RFE has been replied by my lawyer on 07/06 and we are waiting for their decision any moment.Now, as I am going to apply my I-485, what will be my best bet? to go with approved EB3 I 140 or go with receipt notice of pending PP EB2 I-140? If I go with EB3 I140, can I amend my application at a later point of time with EB2 I 140? Please help.
Hi guys, I have a approved EB3 I-140 with PD of May 2004. I recently applied a new EB2 I-140 under the PP to port PD and got RFE. RFE has been replied by my lawyer on 07/06 and we are waiting for their decision any moment.Now, as I am going to apply my I-485, what will be my best bet? to go with approved EB3 I 140 or go with receipt notice of pending PP EB2 I-140? If I go with EB3 I140, can I amend my application at a later point of time with EB2 I 140? Please help.
jungalee43
10-13 08:47 AM
This is an excellent piece of article and the comments are even better. Very good work Jaime.
It is my observation that when we do Google search for a topic on immigration, if our search words match with the titles of our posts in any thread, the serach shows our threads. I observed this with my "AC21 Update" post. Now when I do Google search on words "AC21 Update" the first result displayed is my thread. :)
That means if we cleverly design our thread titles, our threads would be displayed in many Google searches. If this is the observation of all members, would all of you be careful to attach a smart title to your thread? Can all the members be made aware of this fact?
May be I am repeating something that is already discussed, but still.........
__________________________________________________ _________
Contributions so far $600+
and continuing $20 per month
It is my observation that when we do Google search for a topic on immigration, if our search words match with the titles of our posts in any thread, the serach shows our threads. I observed this with my "AC21 Update" post. Now when I do Google search on words "AC21 Update" the first result displayed is my thread. :)
That means if we cleverly design our thread titles, our threads would be displayed in many Google searches. If this is the observation of all members, would all of you be careful to attach a smart title to your thread? Can all the members be made aware of this fact?
May be I am repeating something that is already discussed, but still.........
__________________________________________________ _________
Contributions so far $600+
and continuing $20 per month
more...
pd_recapturing
07-18 04:49 PM
--------------------------------------------------------------------------------
Hi guys, I have a approved EB3 I-140 with PD of May 2004. I recently applied a new EB2 I-140 under the PP to port PD and got RFE. RFE has been replied by my lawyer on 07/06 and we are waiting for their decision any moment.Now, as I am going to apply my I-485, what will be my best bet? to go with approved EB3 I 140 or go with receipt notice of pending PP EB2 I-140? If I go with EB3 I140, can I amend my application at a later point of time with EB2 I 140? Please help.
Hi guys, I have a approved EB3 I-140 with PD of May 2004. I recently applied a new EB2 I-140 under the PP to port PD and got RFE. RFE has been replied by my lawyer on 07/06 and we are waiting for their decision any moment.Now, as I am going to apply my I-485, what will be my best bet? to go with approved EB3 I 140 or go with receipt notice of pending PP EB2 I-140? If I go with EB3 I140, can I amend my application at a later point of time with EB2 I 140? Please help.
chanduv23
09-17 02:21 PM
Numbers are changing
People are moving away from screens and coming to DC !!!
Thank You Everyone for acting
yes -- they act fast
TRAFFIC JAMS AROUND DC AREA -
TRAFFIC BUILDING ALL THE WAY UP I 95
YES - BEEAT THE TRAFFIC START NOW HEAD TOWARDS DC
People are moving away from screens and coming to DC !!!
Thank You Everyone for acting
yes -- they act fast
TRAFFIC JAMS AROUND DC AREA -
TRAFFIC BUILDING ALL THE WAY UP I 95
YES - BEEAT THE TRAFFIC START NOW HEAD TOWARDS DC
more...
gcseeker2002
04-07 06:16 PM
How about using AP to enter if you have AP ? Is that also a problem for employees of TARP companies ?
jungalee43
10-13 08:47 AM
This is an excellent piece of article and the comments are even better. Very good work Jaime.
It is my observation that when we do Google search for a topic on immigration, if our search words match with the titles of our posts in any thread, the serach shows our threads. I observed this with my "AC21 Update" post. Now when I do Google search on words "AC21 Update" the first result displayed is my thread. :)
That means if we cleverly design our thread titles, our threads would be displayed in many Google searches. If this is the observation of all members, would all of you be careful to attach a smart title to your thread? Can all the members be made aware of this fact?
May be I am repeating something that is already discussed, but still.........
__________________________________________________ _________
Contributions so far $600+
and continuing $20 per month
It is my observation that when we do Google search for a topic on immigration, if our search words match with the titles of our posts in any thread, the serach shows our threads. I observed this with my "AC21 Update" post. Now when I do Google search on words "AC21 Update" the first result displayed is my thread. :)
That means if we cleverly design our thread titles, our threads would be displayed in many Google searches. If this is the observation of all members, would all of you be careful to attach a smart title to your thread? Can all the members be made aware of this fact?
May be I am repeating something that is already discussed, but still.........
__________________________________________________ _________
Contributions so far $600+
and continuing $20 per month
vicks_don
01-23 08:22 AM
You guys are great Leaders...
prem_goel
08-28 07:43 AM
Thanks . what is I-824 again? and where do we file it too?
hey guys can someone respond please? just to elaborate on my case. My wife's been here in US for the last 4 months. I had applied h-1b for her as consular processing. The approval came with stamping notification for chennai consulate (as at the time her H-1b was applied this year in March, her state of residence was in chennai consulate region).
However in April this year she moved to Mumbai and then to USA. I've heard that you can go to stamping at the consulate region you've been staying for the past 6 months. Since she was at Mumbai for half of the time and then in USA, does it give us liberty to choose Mumbai consulate for stamping instead? Would there be any issues? We are thinking that at the time of interview, if they ask she can let them know she has moved to Mumbai and has her address there now. Would that be okay?
Thanks IV!
hey guys can someone respond please? just to elaborate on my case. My wife's been here in US for the last 4 months. I had applied h-1b for her as consular processing. The approval came with stamping notification for chennai consulate (as at the time her H-1b was applied this year in March, her state of residence was in chennai consulate region).
However in April this year she moved to Mumbai and then to USA. I've heard that you can go to stamping at the consulate region you've been staying for the past 6 months. Since she was at Mumbai for half of the time and then in USA, does it give us liberty to choose Mumbai consulate for stamping instead? Would there be any issues? We are thinking that at the time of interview, if they ask she can let them know she has moved to Mumbai and has her address there now. Would that be okay?
Thanks IV!
Lasantha
06-19 02:14 PM
---
Do this: Go to a USCIS certified doctor for a medical exam. Tell them the facts, similar to what you mention in your post. The doctor will suggest the next step. Most probably a certification that you are under proper medication. You need to tell him that you have been tested before and that it was +ve for TB skin test.
My understanding is that the body's reaction to a second TB test is severe.
I have no doubt that all the advice given above is valid. But I thought I will add what I found out during my research just prior to my medicals.
It seems that these days USCIS is issuing RFEs for applicants who skipped the TB skin test but opted do the chest X-ray straight. I saw this on Murthy and several other sites. I know it doesn’t make sense but looks like CIS is pretty strict that the skin test must be done first.
Of course it could be different in your case since you are already on meds. I just thought of letting you know.
Do this: Go to a USCIS certified doctor for a medical exam. Tell them the facts, similar to what you mention in your post. The doctor will suggest the next step. Most probably a certification that you are under proper medication. You need to tell him that you have been tested before and that it was +ve for TB skin test.
My understanding is that the body's reaction to a second TB test is severe.
I have no doubt that all the advice given above is valid. But I thought I will add what I found out during my research just prior to my medicals.
It seems that these days USCIS is issuing RFEs for applicants who skipped the TB skin test but opted do the chest X-ray straight. I saw this on Murthy and several other sites. I know it doesn’t make sense but looks like CIS is pretty strict that the skin test must be done first.
Of course it could be different in your case since you are already on meds. I just thought of letting you know.