PD: April 24, 2006
I-485 Receipt Date: JuLy 27, 2OO7 - EB2 NSC
Opened SR on 09/01/2010
SLUD before status change: 09/04/2010
Thanks & good luck
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I am about to leave my employer and I want to withdraw my set (with wife derivative). Can you please help me with the procedure? And is it safe to leave the employer without effecting the other set where my wife is primary applicant and me as derivative.
Thanks in advance.
are you sure you want to withdraw? All that you need to do i ssend a letter to USCIS indicating your receipt number. Make it clear to them that you want to keep the other one still going (mention its receipt numbers).
I would personally not withdraw simply because if they screw up and withdraw BOTH petitions, I can forget about filing another AOS for another decade...
if you expect EB2 I and the so call US educated (i am too, hence i can use 'so called') folks to stop chatting on the forums and send money and letters in the tens of thousands, then please tell me want you smoke --- i would like to inhale some of that magic too.
good luck towards your efforts. if you make it happen then, in all honesty, i would also like to nominate you to the core team, if you dont then i have a bridge in brooklyn that i want to sell.
Good for you...
People if you don't wake up now it will be too late. There are thousands of cases like this...
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>she can file 485 by being in F1 ?
>Once she files being in F1, can she still continue to be on F1 and travel in and out of US on F1?
>What will be her status when she starts using EAD if she filed being in F1?
USCIS cannot revoke AC21.. only congress can. Please dont be paranoid. The most USCIS can do is refuse to change their current stance on same/similar job.
Gurus, correct me if I am wrong.
I know that is ACT. But USCIS can interpret the provisions and make adjustments like what we are requesting. Similarly it can , IF THEY WANT TO, include a provision saying the job not only need to be in similar field, but it shall be in the same labor market because that is where you got your labor. I am not saying this is going to happen just because IVs effort.
If the intent of the similar job requirement is not to hurt the local talent because that is that job that is advertised for, the restriction of the same labor market will serve the same purpose.
That is a legitimate doubt and concern for some.
IV has not done anything that could have a negative impact on your green card processing. IV is striving hard to change your lives.
Shame on those who are scared or pessimistic. All you people do is to gaze at the sky and wait for the stars to fall.
If you are so scared - how will u raise your children? What will u teach them? Cowardice? Will U teach them to run away from issues? Will u teach them how to not cooperate?
Chandu, I have great respect for your enthusiasm , but why do you have to be so hostile to a person that does not seem to think the way you are thinking. Different people react differently for the same news. I am not sure your rant has any back ground with any other post by the people you are pissed off about ;)
I thought pappu said these points have already been discussed with administration, and we are running this campaign because there have been positive signals.
Lets rest our fears and trust the fixes and do our parts in this.
And the above answers concerns some may have and shuts them up. Shouting at them definitely will not help any body's cause. What has getting a GC to do with how you raise your children ?
Since when this immigration is a BIG issue in USA...... remember the BIG Rally ?? Some of the efforts with positive intentions may have a negative consequences in the short term or a long term.
Hypothetically in an interview, if directly asked, and if I am planning on using EAD, I would simply tell them that I have authorization from the DHS to work for any employer, and leave it at that. If they persist, I will tell them that I have the required documents for I-9. No need for more details unless some kind of security clearance is required.
Its a little hard to understand how the issue of 'work authorization' cannot be raised during interview or hiring process.
- Say I am an employer who has a critical project that needs a person to be on job for at least few months, to ensure that the project goes smoothly
- The DHS/USICS/DOL or the Fed (or whoever it is) has told me that it is illegal for me to hire anyone without proper work authorization
- I may not have sufficient funds to sponsor H1B
- During the interview process I want to know whether the candidate a) has work authorization b) how long his work authorization is valid for? so that I can prescreen and not trouble candidates with the whole interview process only to tell them later that I can't hire them.
Based on the criteria above I dont see how it is illegal to ask what type of work authorization one has, and if EAD , how long it is valid. It may be illegal to disqualify a candidate who has EAD with validity for the required amount of time. But I sure can ask about the details within legal limits, can't I?
I dont think DOL or whatever dept it is, that regulates employment, can force an employer that they have to treat seekers of H1B Visa [and/or EAD people with for example only 1 month validity left] on par with US citizens (On the other hand, it is the vice versa that they are more concerned about :) )....I mean what if the financial position of the employer cannot afford him to sponsor an H1B or take the risk of employing an EAD guy with only 1 month validity and risk financial loss if that guy had to quit after a month due to EAD renewal delay etc.... Would they be forced to sponsor H1B or take a risk by hiring the 1 month EAD guy?
What might be illegal though is rejecting to employ EAD people with reasonable amount of validity left on their card.
Isn't that right? [ I am just curious...I am not supporting the employer here, but just trying to understand the practical enforcement of the legality of such issues]
i landed here in 2000 my priority date is 2006 because of useless employers . dont think that everybody sailing in the same boat as urs.
Mainly this is the message for 2005-2006-2007 PD guys. Please don't take it otherwise.
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After reading thru the painful story of milind, I feel that I should never go thru london.
Thanks a lot for sharing your pain. What if I wish to travel through Germany/Netherlands/Swiss/France/UAE? on Advance Parole and if my H type visa is not valid anymore?
Don't even think. I took PP for passport renewal. VEry bad quality.
Still I went to Walagreens and took PP for visit visa to Canada. Rejected by Canadian Consulate in Seattle. Don't waste your time and money.
In Denver / Aurora - there is H-Mart (or HAR Mart). I am also thinking of going to Costco. 6 photos for above age 14 ; else 4. That is what my attorney asked.
Costco! Way to go, cheaper, better and perfect!
Among friends we say, "In costco we trust!"
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You do make a very good observation and we should clarify with the experts. Can anybody help clarifying this from the lawyers?
I dont know of any link to a particular publication, but I thought it was a common knowledge that the whole point of labor certification process, is for the DOL to monitor that a potential US worker (I thought it meant US Citizen but may be not), is not being displaced by a foreign worker. To be clear here though, the DOL does not prevent an employer from going ahead and sponsoring an H1B and hiring a foreign employee. But DOL is legally directed to reject such labor applications.
Though this is applicable only for H1B hiring and subsequent filing of GC process for such an employee, I am wondering whether there is any loophole in DOL's directives that might provide a cover for employers to enquire whether a propective employee is US Citizens are not.... Especailly in the PERM process don't they have to do active recruiting efforts and gather statiscis that they tried to hire US citizens ..?? How can an employer gather statistics if they didn't ask for work authorization related details....?
May be due to possible loopholes in such laws...they are able to take it a step further and enquiring about the kind of work authorization a candidate possesses!
i want to find my out case is pre adjudicated or not.
2 months back or so when i called the representative told that they don't have access to those details.
I could reach IO yesterday. representative said that me and my wife's cases are preadjudicated. Not sure if I could believe this...
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Here is what my lawyer sent me! Forwarding to you all so that you can get some idea what they are planning to do. Of Course she is charging me 250$ for this info!. I am sharing this as you have contributed and Will contribute to IV.
------------------Here is the lawyer email---------------------
As you know, you and your wife will be able to file your applications to adjust status to permanent residence in July 2007. You will need to prepare the following for your adjustment applications:
1. Form I-485, Application to Adjust Status. You can find this Form on the Internet here:
Please complete this form in draft format for you and your wife. Please write "unknown" instead of leaving questions unanswered.
2. Form G-325, Biographic Information. You can find this Form on the Internet here:
Please complete this form in draft format for you and your wife. Please write "unknown" instead of leaving questions unanswered.
3. Photographs. You and your wife must each have six color photographs taken in accordance with the photo specifications that you will find here:
4. Passports, Forms I-94 and Nonimmigrant Visa Documents. Please send us a copy of every page, including any blank pages, of each of your current and any prior passports. Please also include copies (front and back) of each of your Forms I-94. Please make sure that the date and place of entry on the I-94 copies are clearly legible.
5. Birth and Marriage Certificates. Please send us a copy of your and your wife�s birth certificates and of your marriage certificate. If your birth certificates do not contain your name, your date and place of birth, and both of your parents' names, you will probably have to get affidavits from parents or older family members to fill in the blanks. We will review your documents and let you know if affidavits will be needed.
6. Medical Exams. You each must have a medical exam done by a CIS approved physician. It is my understanding that it is already becoming difficult to get appointments with these physicians. You can locate these physicians at this website:
The exam will include a blood test for AIDS and other diseases, a physical exam, and a skin test, and perhaps a chest x-ray, for tuberculosis. The physician will complete the forms and return them in sealed envelopes. The envelopes must remain sealed.
Immigration law requires that you submit proof of vaccinations with your applications for adjustment of status. You will find the vaccination sheet that the CIS physician must complete and enclose with your medicals here:
Please take proof of your prior vaccinations to the medical exams. If you do not have proof of prior vaccinations, you will probably have to receive those vaccinations at this time. If that is the case, it may be more cost effective to have the vaccinations done before you go for the examinations and then take evidence of those vaccinations to the CIS physician.
7. Identification Documents. Please send us two color, slightly enlarged copies of your and your wife�s drivers licenses or other photo ID, with the photos as clear as possible.
8. Employment Verification Letter. I will forward a format for this letter to your employer.
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People who have multiple 485's pending, my word of advise is its not a problem. CIS takes care of it. And this is true even if you have different A#'s.
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thats not enough. To prove you are an Indian answer the following 2 questions:
- which famous leg-spinner in the world has troubled batsmen all over, but reportedly has nightmares about bowling to Tendliya.
- since you claim to be from Bangalore, name a popular watering-hole on residency road (clue: Hendrix)
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Your prediction for urself and gbof went on fine :)..
I have no clue where my file is..
Wait continues for me
Did you receive any email response from the Service center processing your case, after you raised an SR ?
If in that response..they mentioned that an officer is reviewing your case..then you should be safe..
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Any idea when the new proposals will be implemented if they become law :confused: Do we have to wait until Oct for these new proposals to take effect.
Good question. The bill is expected to be on the floor of the Senate and House for debate in Feb-06. Learning from S1932, it is my guess that the soonest bill could be law is 2-3 months. So we may be looking at something like April/May-06. But nothing is for sure at this time. It is possible that the debate may be dragged on till third quarter of 2006. We should start the activity to communicate with the law makers right now and continue to convey the right message if we want anything good to come out of the new bill.
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Its not so simple though. Even after finding a good company to stick to, you should not make up your mind to remain stagnant. When you work for about 5 years, you will be faced with a situation where you are asked to take on more responsibility.
The way things are with the current process, if you want to progress in your career and take on a new challenge (eg: database programmer to a DBA/architect), that would require a new LCA since there is a significant change in the responsibilities.
Also at big companies, there are several lines of businesses which are structured as if they are companies by themselves. If you want to shift between LOBs within the same big company, that would also require a new LCA.