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Thanks every one for your valuable suggestions. Now I feel more confident replying for RFE..

Radhay..no they haven't asked for any pay stubs..

Your lawyer does not know what he is talking about. There is no need to do anything. If you were on H1-B and still working at the same company, you are still under H1-B not under EAD no matter how you entered the USA.
You will lose H1B status if and ONLY IF, you use EAD.

AP is only a re-entry permit and has no effect on your immigration status.

Vivek -

I have similar situation.
Now, my H1b expires in a few months. I am wondering whether I am eligible for H1b extension as I have Parolee I-94.
Please let me know. Thanks

What an irony, these guys will not let us file nor to withdraw, :mad:

Please do reply to my queries...........

The new job role must have a 50% different job duties and if it does have a requirement of EB2 then it is possible.
With the same job role it is not Possible .

When did you send the application? is this for 485?

^^^^

Call once again to confirm this news. Some times the reps give conflicting answers.

Following is the Employee Agreement
EMPLOYEE agrees and undertakes that EMPLOYEE will continue in the employment of XXXX for the Minimum Period. "Minimum Period" means the period commencing from the date of XXXX applying for the Green Card and ending on the expiry of one year from the date of EMPLOYEE being granted the Green Card.
EMPLOYEE therefore agrees to pay XXXX, before the last day of EMPLOYEE�s employment with XXXX, the aforesaid amount of US $10000 as Liquidated
Damages in the event EMPLOYEE breaches Clause hereof failing which XXXX shall have the right to charge such aforesaid amount from the final settlement of the dues to EMPLOYEE.


So If the employee does not pay at the most Employer will do is not give any of the Employee's remaining salary,leaves,Experience Letter etc?
What else he can do?
Does this Agreement is Legal? It is specifically referring to Green Card.

Why dont you send a complaint to DOL, I have seen Indians are really afraid to do so.

i don't know if its an EB 485, but even FB are very backloged.

I was in a similar situation but since I had efiled, i had the LIN #. So i sent the photos after 2 weeks from my filing date. Did not wait for RFE. I received approvals on AP. In your case, you dont have a choice. In case you checks are cashed, try to capture the receipt # and then send the pictures by referncing the receipt #. It will make your case processing faster.

Hello,

This is my status.

I 140 � Approved in 2006 and have a copy.
I 485 � Filed in Jul 2007, Receipt date Jul 02, 2007. Have copy of I 485 receipt.
Perm Labor � Have perm labor approval copy.

Since it has been more than 180 days I 485 is pending and I 140 also approved, I joined my client. Now my old employer says he will withdraw my I 140.

I would like to send AC21 job change info to USCIS my self.

Please let me know if any one is in the same situation and filed (informed) AC21 by yourself.

And also advice if anyone used new attorney only for AC21.

Thanks.

One quick question, does perm labor approval copy will have any job details/code on it or just approval notice ?

Nice idea, but here is what I think...

Whats the point of donating after you get your Green card? Donate now in place of later and you can benefit from your own donation...and IV can get that money sooner :)

Dear Friends, my 140 just got approved at TSC (EB3-India, PD Feb 03, 140/485 filed in July 07). Given the current economic turmoil, my company may lay off people. I have a valid EAD till Oct 09. God forbid, if I can't find another job here after my layoff, is it legal to go to my home country (i.e., India) for a few months and then come back before Oct 09 to renew my EAD? Assuming the USCIS doesn't adjudicate my 485 while I'm away, could I have any problems at the port of entry (since I would be using Advance Parole but wouldn't have a job)?

Thanks.

GG_007

There are two issues you must consider (at minimum):

1. You must have a permanent job offer from the sponsoring (or AC21 employer if you are already ported) through out the period of pending 485. You should be able to verify this at any point as soon as asked for by USCIS. So make sure, your employer still supports your GC process and is ready to provide such letter and is willing to hire you after GC approval. If not, you must find another same or similar (AC21) job position and make sure that they will provide such letter. This arrangement needs to be made with certainty before you leave.

2. Must have a valid AP (for you and all family members) and must return back before the expiry of AP. Now, in general, as long as you have valid AP, they do not give you hard time at the POE (under most circumstances). There are few exceptions (especially in texas; or so I have heard) where POE officer gave hard time, but that is not the rule.

Good Luck.

Hi
Is visa recapture part of the this proposed dream act..? If not then it will be of no use to any of the legal workers (most of us on this forum) in the EB row.
Thanks,

Thanks for letting us know...

I'll try it when I get off work in 3.5 hours and see how it goes.

Thanks Canadian_Dream and mrcmic!

I just called NSC to put an service request. I was told no receipt #, no service request can be put in.
Further I was told, there was hold all application to be processed till 2days ago, hence they have started receipting again 2 days back. Hard to believe it. I said I am 11thJune filer, but the IO kept saying there was a hold till 2 days ago. According to IO, all applications will be receipted by30thJuly. But she repeatedly suggested to check the bank for encashed checks. She said 'no encashed checks, no receipt #'...

SO if no receipt #, then how do we file at service request ?? Is there a link to file an online service request?? (I couldn't find one)

Anybody else in the same boat?? Please let us know so that we can track each other's progress.

Thanks once again!

What if USCIS didnt have this nonsense LUD field in their online status, won't you have lived in peace?

TRUE! My LUD is also not updated after FP so do not know when they update the LUD. One thing you could do is to contact FBI verifying the status.

Also, FP is valid only for 15 months so there is a good chance for a 2nd FP based on current backlog.

I have been working in the USA with an H1B Visa since Nov, 2007; this until August 2009 when I was laid off by my employer/sponsor (Company A). Last time I entered the US was August 13, 2009 (I was admitted until Sep 23, 2010 day the H1B visa expires). Last pay stub August 2009.

I dedicated myself to get a new job (I didn't know at the time that my staying represented a huge risk for me). I finally got a job offer on November 15, 2009. It is an international group who just opened an office in Miami.

Holidays, all the foreign management start up procedures, along with the fact that the lawyer was very slow, made that the actual application date for I-129 March 1st.2010. Imagine that. We required premium processing.

On January 15, I asked my lawyer if considering the delay of the new employer (it is a new business here in the US), and all other issues, it was better for me just to leave the country and simple apply again on April 2010. He said no.

On March 1, 2010 (effective date of the application) I started to formally work for company B -I just got my first pay stub. On March 22, 2009, USCIS sent a request for further evidence. The lawyer has the letter -I enclosed- in his desk since last Thursday. Response is due May 6, 2010.

As you can see USCIS requires, among other matters, pay stubs from January 1 2010 to present (from Company A). For 2009 we filed my W2 and 2009 income tax return. They didn't ask for 2009.

What should I do? Should I say that I don't have the pay stubs (implicit recognition I didn't maintain status), explaining that I indeed got an offer, and all the reasons for the delay?, or try to ask my ex employer if they give me a letter indicating I'm still her employee (I doubt they will do that, but I can try).

What are my options/risks; deportation for instance? Should I leave the country immediately?

ok- so , I am guessing the consensus is go with the earlier PD (+ EB3).

Also, is the SKILL bill is for people with higher ed from the US- both of us qualify for that as we both comepleted our MS in the US.

I understand your frustration, but its like holding IV responsible for getting your GC - that does not seem right.

Contributing now is important; and after getting gc's, its equally important to support the people who are still stuck in the process.

My First donation was in Jan 2006. The latest one was, 100$ for the Washington meet this year. And I had a lot more in between. This will be just on top of it. How is my GC is related to IV. I dont think I am holding anybody responsible for it.