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No questions asked about visa or 485. Just had to show my passport and AP document :)

You guys are all silly! But thanks for the much needed amusement factor! I had a good laugh reading all your posts!

huh!!! no responses...Am I the only one with this issue????

DesiGuy,

What difference did you find in work culture in UK vs US, I have heard racism and favoritism is very common when it comes to promotion and stuff, is that true?

yeah it took almost a year to send an RFE that too after repeated calls to CIS.

Libra,

Congrats!!! Did it take an year for the RFE itself???

Romesh and naresh,

Any updates?

thanks,
Sampath

For renewal they did not even ask me for any documentation. Renewed online, went to DMV and got it for 4 years.

I agree with ashkam. If you renew online, you can get it for 4 years. But if you go in person to DMV, they will issue based in EAD.

Not True

All dual intention like H1b/H4 are treated differently. For those AOS applicants where they also have H1b/H4 status ( Not necessarily VISA stamped) ..they need to be here when filed and if they leave after filing then neither I-485 or I-131 will get cancelled.

After approval, you can mail them.

I have known 2 person whose spouses came without problem.

Now , If you are F1 or B1 pure non immigrant VISA and you leave without it being approved then you are in problem.

Can one apply for Social Security # after getting EAD card ?

Once you received your EAD card, you can apply for SSN.

Soul... That's TERRIBLE!!! golgi... yours is very annoying! :ninja:

Hello All,

I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.

These are my friend's details --

EB3 -- India.
I140 approved in July 2007.
485 filed in July 2007.
MS in Engg from USA.
MBA in Finance from top ten school in USA.
Has applied for couple of patents in tech field.
Author of few papers in tech field.


My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.

What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.

Also suggested were EB2-NIW and self-employment options.

What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?

I really appreciate all your replies. Pl treat this as very urgent.

Thanks.


Please post the occupation classification and the Onet code for the initial job for which GC applied. Also post the job descritipn/duties of the job; if known. Also post the currnt job dutiers and title. I can tro some lights.

http://wamu.org/programs/kn/08/03/24.php#20155

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I checked with my employer's immigration department. They said, revoking I-140 is not mandated by law however, revoking H1B is. I-140 was revoked primarily by my employers during the labor substitution days to pass on the underlying labor for the I-140 to another consultant once the original consultant left the company.

Have sent the details.

And forwarded the mail to FL yahoo group as well.

Unlike H1B, at the time of layoff, if 485 is pending more than 6 months, you are still in legal status, (in h1b case there is no grace period). There is no time limit to find a similar job. You can stay at home for till your 485 approval, with legal status. Having said that, if INS asks for a eveidence of full time-permanat job you should be in a postion to show the job offer. In simple terms, tou should have a vaild job offer at the time of approval of your 485.

If i-485 has been pending for more than 6 months and I suddenly get laid off can i leave the country and come back when it's approved? Or can I leave the country and come back in a few months with or without job offer?

I have not seen the USCIS catalog for H1B rules. I assume it should be available online at the state deptt.

My lawyer told me that you are in status as long as your application is being processed by USCIS. I don't know if you are in status if you apply for H1B and the quota is over for the year. I understand that USCIS may say that your application is not under consideration.

You can not start working before the start date mentioned on your H1B.

I understand that your OPT is expiring before the start of H1B. Is this correct? I was told by HR from Sun that you have to leave the country for the period.

I remind you that I have not seen the USCIS catalog.

I got same audit in september as well
the guy came in to my desk and took pictures and i was asked to show my pay stubs
then they went to my hr and asked all questions
on being asked he said its the normal procedure
so no big deal , pls make sure if they coem to your office you should atleast have a copy of your paystubs

How can they come to your desk randonmly and ask for pay stubs? Nobody carries paystubs to work everyday.Are these raids authorized by USCIS. Is there a memo that mentions this from USCIS.

This is great news. :) This increases the chances of letting the bill fly through all the obstacles the House.

I like the idea. But, when I had raised a similar issue before, some member called it "like begging at Indian Temples".

I know we Indians are very happy as long as something is free, but get very upset when some contribution is asked for the service.

I see that for EB2 the PD is 01 APR 2004 now. I want to know if I-485 approvals is linked to this PD date or they will work independent to these days.



Thanks,
Sury

-------------------------------
PD : Feb'07
I-140 - Pending
I-131 - Approved
I-485 - Pending
Center: TEXAS SERVICE CENTER

Recieved EAD Card and FP done.
-------------------------------



Poor guy/gal just asked a simple question.....

Sury, The PDs need to be current for I-485 filing AS WELL AS approval.

EAD correction is very simple and they will fix with in 4 months worse case.

Thanks yganreddy for your input. It might help.

In my case, the X Ray shows nothing - so I am all clear on that.

My concern is I don't how big the thing became after the test was done (twice). Once in 1997 when I first came from India and next in 1998 (when i worked in NY Preysbeterian Hosptal and they mandatorily tested for TB via skin test). I have asked for the reports from NY hospital and am hoping that it is less than 10 mm as the civil surgeon says that if the size is bigger than 10 mm, I will have to go through the treatment for TB (even though i have no evidence of active TB). I hope he is wrong.

I had another question. Can I get the reports from India, when i got the TB test done? I might have the papers at home and will have to search for it or does USCIS not consider the papers from India? I hear a sealed envelope is what is needed from a doctor. In that case, we might be able to try to get in touch with the doctor that did the test and ask for a sealed envelope (showing him the papers he gave us when we got the test done).


EB3June03,

Its upto the doctor's discretion to accept an old TB skin test(PPD), my doctor did not consider the old test results, she recommended taking a new PPD test as the test is a snapshot test which indicates the state as of the time of the test and you might be infected with TB since the last test.

Also, there is a new test as mentioned earlier called Quantiferone-Gold test (QFT-G) which provides better test of TB. However, this test is NOT certified by USCIS.

Just for clearing the doubt, you can take QFT_G test, if QFT-G result is +ve then you need to undergo treatment, if x-ray is clean and QFT result �ve you are clear of TB. My QFT-G came back as �ve and clean X-ray, however my 693 form was marked �Class B Latent� due to PPD result > 10mm, I am not taking treatment due to �ve QFT but keeping all the paperwork to respond in case of future RFE.

Disclaimer: I am not a Doctor/Lawyer.