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You are deemed to have lost Canadian PR if you have not fulfilled the 2 out of 5 years residency requirement. The issue may not affect you immediately, but will come up in case you decide to renew your PR card after 5 years. You will be asked to detail your Canadian residency for the past 5 years in your application. Note that this is only a requirement for the plastic card, not the landing paper: which is the proof of granting of PR. The plastic card is required for any travel back to Canada except for road travel from the US. Once your 5 year validity for the PR card has expired, it is upto the border official on the Canadian side to decide whether to let you in without a valid PR card. However, with a US GC you do not need any visa/permit to visit Canada and can safely let your residency requirement lapse automatically if you have not met the 2/5 Canadian residency requirement.

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A tip - use a mask on the upper layer instead of an eraser; it's easier to change later on and fine-tune if you'd like. Of course, you could also use a Channel Mixer adjustment layer with mask to make fine adjustments to the B&W conversion. :)

I am a July fiasco survivor. My 485 has been filed through AOS, so no worries there. I was supposed to get married in a few months, but my fiancee has rushed down to the US on her tourist visa. The plan was to get a civil marriage certificate done and have her atach her AOS with mine. Lawyer has now informed me that she needs to stay here till she gets AP otherwise the application is considered 'abandoned'. She has a life in her home country that she needs to get back to, She can't just drop everything and park herself here for the 4-6 months that AP is likelt to take for July applicants. Does anyone have any advice, or a similar situation? As I see it, my options are -

1. File AOS for her and let her leave, and take the chance that they will track her departure and cancel her application. If this happens, is she allowed to refile if the PD becomes current later?

2. Rush out of the US with her to get her back in on H4 visa. Challenge here is that it is near impossible to get an appointment at a US consulate before the 17th Aug window closes.

3. File her application through CP. She doesn't get interim benefits that way. Given my PD of EB3-June 2006, I'm not expecting a GC for at least 3 years, so this option really sucks.

Any suggestions from the community out there?

Thank you ZCool for the information.

missed the july , august 2007 deadline by 2 weeks, even when my PD was way before that.
Hope PD comes to 2007, Life would be lot easier

Yahoooooooooooooo......We (Me and my wife) received welcome notice today . Our 485 is approved on 25 th March.

no updates online just received postal mail from USCIS today .

I guess end of long wait , been in country from 2001 .

I wish you all the best and hang in there if your PD is current you can expect the notice any time so keep checking your postal mail box .

FYI - I dont know if my back ground check is clear or not , I guess it is .

Congratulations and take a big vacation and ....enjoy!!!

If I renew my H1B can I avoid visa stamping by using the AP travel document.
You can use AP to travel and still be on H status, provided you are working for the same employer.

I still intend to use my H1B as long as I stay with my current employer, but If I want to change employers or take a different job EAD would be the way to go, in that case would my H1B be invalidated?
Yes. However, you can ask the new employer to sponsor you H1b and avoid using EAD.

I am concerned if I use EAD for a future job and 485 gets into trouble can I fall back to my H1B easily?
Its better to maintain H1 status till you get the GC.

it is ok for the derivative applicant to not be working, but if the primary who os geeting the GC on the basis of employment does need to be employed at the time of approval.

1-2 months off will not matter. If the I-485 stays pending for too long they can raise RFE for current employer letters and other specifics, you will need to have a job lined up at that time.

Hi All,

I am an aspiring US immigrant, and currently work with a desi-like employer who has not been paying me for last 3 months. I have resigned and started working at a new employer, using portability options. I will also contact DOL and report this to get my money back, however, DOL may not be able to recover it if the employer files for bankruptcy. I donot care much about money now, as its not too much and my new job increment covers it.

Here are my questions

1) Is there a way i can report this misdoing to USCIS directly. Is there any phone number/contact info to report frauds on I-140s and I-485s as he is holding some employees hostage (not allowing them to move out because of this situation where your money is stuck and so is your immigration).

2) What else should i do to make this injustice visible? I will work with DOl and get my money back.

3) I am thinking of reporting this directly to the I-140 processing centers. Is this is a good idea?


PK

Please share about the discussion. Unfortunately I am unable to watch it due to proxy firewall.

Nice idea.. I am for it.

I believe you are in New York. Next time try the direct flight from Mumbai to Newark. I heard thats the best my friend just tried it and he was going gaga about it. I am sure your inlaws can manage Chennai to Mumbai. What are the chances u can find someone who can speak Tamil ,Telgu in Mumbai than in Brussles or any other stopoever in Europe. :-)

Can we know which airline direct flight from Mumbai to Newark you mentioned something new or is it AirIndia??

yes it is the red colored number on the visa stamp

My visa stamp was issued in the US (revalidation locally), which they have now stopped.

The stamp says place of issue: "DEPARTMENT".
Is that sufficient to put on the 485 ?

This looks like a hoax to me. Could you quote a credible news story or a link on a enforcement site where there is any advisory?

So much of misinformation by many 'legal advisors'!

Please note that:

1. Unemployment benefits is not a public charge.

2. For getting unemployment benefits one need not be a citizen/permanent resident.

3. You don't acquire illegal stay if you have a valid I-485 pending.

Please read relevant FAQs at the USCIS webpage.
Don't rely on advices from ignorants who try to scare people!

Thank you for advice. i did not realize the issue was so complex. I did call uscis after i got married before i sent in my OAS papers and asked them how can i maintain legal status after my j-1 expires. they said that since i came legally, haven't broken any rules and got married before status expiration - i maintain "somewhat legal status"(i do not have j-1 2 year mandatory homecoutry stay either). My wife is US citizen.
So i thought even thought period from 10/01 to 11/26 (receipt for receiving both i-485 and i-130) can be considered out of status - after that i can be considered a resident alien which would mean that it is still a legal status.

Your status is fine once you files I-485, but travelling can be risky.

gc_in_30_yrs, I will file new Labor in PERM with this new job Responsibilites..! :D

I am sure ash0210 will get a job in USCIS to write rules for issuing GCs.
Just kidding. I like your analogy.

Does MBA help you qualify under STEM?

Is it accredited university?

You will get some relief if SKIL goes through because so many people will be exempted from cap. why do you want to break your back by studying for another degree whihc you are not interested 100%

It is difficult to arrive at hard numbers using these kinds of analysis.

For example you say "Supposed 30K unskilled (or low skilled) labor is added (which neither creates jobs nor are employed). Now if they are added, the rate becomes 330000/10030000 or ~ 3.3%".

In reality there are no such human being exist. When a person comes here, he/she does contribute to the society. The person may not be in any official pay roll, but he buys stuff, he does work (in the house at least), he consumes services etc. Now such behavior by the hypothetically low skilled person has a positive contribution to the economy. May be the person took care of the house hold chorus of a young family, enabling the mom to take a Masters in computer science. Fast forward two years, the couple starts a successful software company which employs dozens of Americans.

The story line that you give is the same argument that NumbersUSA gives, which is that an additional person is just a job stealer; but I disagree.


Hello All,

I want to start an interesting discussion - not sure whether a thread already exists or a similar discussion has already taken place.

We all know about the current state of the economy and current unfortunate unemployment rate. We all also know that majority jobs lost are in construction, manufacturing etc. We also know that some people (who have no other choice) are targetting legal EB community as if they are responsible for all this mess.

I want people to discuss the other things like DV Lottery, Chain Family Migration or any other popular programs from labor/unemployment point of view. Please no intent to discuss it from any other angle at all.

These forms of migration bring a lot of uneducated (or less educated), unskilled (or low skilled) population/labor into the country which contribute higher for the unemployment rate (for both numerator and denomenator - rate = # unemployed/# total).
example: suppose in a hypothetical community of 10000000, 300000 are unemployed. They have 3% of unemployement rate.
Supposed 30K unskilled (or low skilled) labor is added (which neither creates jobs nor are employed). Now if they are added, the rate becomes 330000/10030000 or ~ 3.3%

This can be bad example but it was just to put a point forward.

Are there any statistics (again?) available about the effect of DV, chain family migration or any such program in the last 10-15 years towards the unemployment rate today? A lot of unskilled (or low skilled) labor was added to the economy which was OK during upward economy but cannot sustain at all in down economy like this.

Thanks,
M.

You are right! Some people did not notice that moe is not illegal. But some people did notice the moe is an anti-immigrant disguising someone he is not. moe wanted to hear exactly what you told him. Now he will bash legal immigration saying all legal immigrants are actually illegals. Please try to use your brains, maybe just a couple of times every few years.

.

How about using your heart? I feel sorry for you...