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  • GCBy3000
    07-25 05:25 PM
    I got promoted to managerial position and I got depromoted back during my H1 extn time when the company attorney noticed the change in my title. He politiely conferenced me and HR and said it is not acceptable as my GC is pending unless otherwise my company is willing to put me back in the LC position during my AOS filing. My duties change d as my title change, but I was still doing 50% of what was explained in the LC. Again there was no other pun intended reason for my demotion to make it clear. Each attorney is different, but it scews the candidates since the company HR listens to them as they are liable for it.

    Yes that is right the job responsibilities can increase. For my case the labor was filed for engineer position but I am on a manager level now and title has changed. My responsibilities have increased means i have all resp advertised + more and lawyer said OK.




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  • komaragiri
    07-28 12:18 PM
    My prediction for this year..

    EB1 = Current
    EB2 = Jan 2003 (Because of BEC cases coming out, chance for them to file I-485 in October)
    EB3 = U




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  • singhsa3
    06-01 08:31 PM
    My apologies, I thought your were talking about H1 Labor
    It will be great if someone can send me any reference to confirm that it is illegal..




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  • psaxena
    02-04 06:02 PM
    Lets meet up on the weekend in a park or something, we can do the potluck. It will be an open place , so no restriction or shortage of space if there are a lot of people. Would be a good social networking and also the meeting as well.

    I am open to all the suggestions. I am pretty new to the website, can administrator provide the list, that can be used to communicate

    Thanks



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  • fromnaija
    12-03 04:09 PM
    With due respect to Prashanthi, I don't think the OP aged out of his I-485. Since his parent submitted their and his I-485 in 2007 (that is before he turned 21), his application is protected under CSPA. In fact with respect to EB, once the I-485 is submitted and then the PD retrogresses, the child's age is locked in and the application will be approved whenever the PD becomes current again.

    See page 3 of this document:

    http://www.uscis.gov/files/pressrelease/CSPA2_pub.pdf


    Visa Availability Date Regression
    If a visa availability date regresses, and an alien has already filed a Form I-485 based on an approved Form I-130 or Form I-140, the Service should retain the Form I-485 and note the visa availability date at the time the Form I-485 was filed. Once the visa number again becomes available for that preference category, determine whether the beneficiary is a “child” using the visa availability date marked on the Form I-485. If, however, an alien has not filed a Form I-485 prior to the visa availability date regressing, and then files a Form I-485 when the visa availability date again becomes current, the alien’s “age” should be determined using the subsequent visa availability date.


    It's risky for the OP to go out of the US while his application is pending. However, it can be done if he has advance parole. He will have to return each year to renew his AP. If this is a risk you are willing to take, you could go but be aware of this.




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  • snathan
    04-01 10:50 PM
    And I can't apply for a green card, I don't meet the criteria...I'd have to get married with a woman.

    you dont have to marry. just remain as illegal and they will GC sooner.



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  • my_gc_wait
    08-10 12:16 PM
    yes, employer just needs to show that new job is similar to your old job. Its just simply a letter which an employer can(may choose not to as its not mandatory by law but advised to do so) send to USCIS.
    For EB2 classification you dont need to do anything, your emplyer need to show that job needs Masters or equivalent and it meets prevailing market salary requirements. So you can just ask them if this position meets EB2 requirements and if they will be wiling to do EB2 filing for you in addition to AC21 (or H1 transer)


    Thank you my_gc_wait.

    Regarding response #1 and your comment about AC21 portability, there isn't anything the employer has to do, correct? I believe, if the new job requirements is same or similar, there should be no problem with AC21.

    Also, what can I request from the employer other than the job advertisement itself as evidence to make sure the position suits EB2 requirements.




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  • krishmunn
    09-30 11:58 AM
    Unfortunately NO. you cannot declare anything while leaving India.


    Not correct. You can declare your stuff , including Jewellery, right after immigration check at customs counter when leaving India. I did it once for my laptop long back.

    Also, carry your Indian receipts.



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  • nandakumar
    01-18 04:40 PM
    I'm the other voter,

    Guys, it is the time to show up your support and contribute to this effort.



    I only see one vote and that too mine on the attendance poll above.
    Don't let anyone take your vote and your voice for granted.




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  • GCNaseeb
    08-08 03:55 PM
    Can you direct me to the link you just mentioned for pay stub requirment for at least 180 days after filing AOS?

    I think the requirement is there should be a job offer at the time of filing of AOS. Here's an extract from a law firm:

    " If you are able to file the adjustment of status, there does need to be a valid job offer underlying the case at the time of the filing. You do not have to be working for the employer full time, but there does have to be a valid job offer for the position described in the labor certification".

    Its always safe to have paystubs for atlease 180 days after your 485 receipt date. If they call you for an interview at local office during adjudication, which may happen after anywhere from weeks, months, or years, there are chances that you may be asked to produce paystubs starting from month before interview date all the way back to your first H1 entry into US.
    Please do not open new threads for these question for which there are several thread opened and are being discussed thru. Why don't you ask this question on one of those post?



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  • GotFreedom?
    03-18 01:23 AM
    I recently started an LLC here. I looked into several options and learned that LLC is the best way to go if you are a foreign national. I'm working on my H1B and do hold a valid EAD.
    Anyone can incorporate an LLC regardless of your immigration status. As an LLC member, you are liable to file for you own tax returns on the profits and any salary drawn from the company. However, the members can choose to file taxes as a corporation as well. The most important part in incorporating a business is to form an Operating Agreement and getting square with IRS by getting the employer Identification number(EIN) so that you can file taxes. None of the banks will let you open a business account with them if you do not have an EIN which is also called as Federal Tax ID number.
    You can find a lot of information on the web on this subject. I can shoot you the online service I used in a private message if you are interested. BTW, we formed the LLC in DE and operating from NJ.




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  • walking_dude
    10-23 11:03 AM
    I have created this thread to communicate and track MI chapter activities on creation of eGroups to serve the needs of the MI chapter

    1) Data on 10/20 meet has been compiled and documented. Minutes of the Meeting will be provided to the attendees soon through a secure eGroup (files/document section)

    2) Work in progress to provide a secure, trusted E-group which provides the best features available to our community. Pilot groups have been created in Yahoo and Google to study the features, ease of use and ease of management (for the mods).

    Results so far

    Google
    ---------
    Pros :

    1) New.
    2) Has stacked thread view similar to Gmail.
    3) Ease of use (not much functionality to confuse users).
    4) Supports HTML pages and also commenting on those pages. Google search available to search the threads.
    5) New, hence not blocked in many offices ( esp mine :))

    Cons :

    1) Buggiest of the three! (I created a 'Restricted' group. None of the links are working)
    2) Key features such a Polls, Database missing.
    3) Limited management options.

    Yahoo
    ---------

    Pros :

    1) Stable
    2) Lots of management options. Powerful
    3) Powerful member features - Polls, Database

    Cons:

    1) Old/dated
    2) Text only ( unless you send E-mails externally)
    3) Options could be overwhelming to a new user!
    4) Blocked in many offices ( E-mails can still be received. Other features like Polls, Database need to be accessed from home)

    Right now, per my experience so far - Yahoo seems the best option. Let me know your ideas.

    And once we decide on a platform

    1) I need 2-3 days to setup the group to meet groups needs and expectations.
    2) MI meet attendees will be sent invitations to join the group.
    3) Others who responded to the Meet invitation but couldn't attend will be contacted to check if they wish to join the group
    4) MI chapter eGroups successfully launched!



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  • rsdang
    08-15 03:54 PM
    Couldn't resist opening a new thread and sharing this with fellow IVians.

    We got our green cards today. It is actually green (in the back).


    Another announcement is that I recently relocated to northern Mississippi. Would like to join up with other state chapter members. I am willing to coordinate with the group in Memphis TN.


    Thanks IV. I and my spouse benefited a lot from the July 2007VB and the work IV did concerning it. So, I will do more than just stick around but continue to be active as usual. The system is still broken and we will have to work to fix it.



    And thank you for staying to help the rest...




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  • viswanadh73
    01-07 11:19 AM
    can Employer with draw Approved I-140 if they want after 180 days of pending 485 if any body changes his/her job with out notifying USCIS(AC21).
    thanks for your replies.



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  • miguy
    06-16 08:19 AM
    what if your wife has a B1/B2 status.......can you still file for I-485?...Has anyone encountered a similar situations?

    thanks,




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  • Canadian_Dream
    02-27 01:31 PM
    I have the exact same question for the original poster. Do you know someone or have heard from several people who were scrutinized about intent after leaving the employer upon GC approval ? I know folks who left with in few months and completed naturalization without any issues, but that's an anecdotal evidence and doesn't prove anything. Please let us know your source of information.

    You have seen applications being scrutinized for employment history at the time of naturalization?. can you please provide elaborate and provide examples?. Otherwise dont scare people unnecessarily.:mad:



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  • vali
    10-23 02:10 PM
    Thank you so much, I'm pretty clear now, I wish you good luck with your problems, it feels good to know that there still are nice people around.
    Thanks again to you and IV.




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  • tnite
    09-27 09:36 AM
    Even i got the Section: UNKNOWN thing from NSC. My 140 approved on MAY 2007, But online case status is still showing case pending, Is it because of this?

    Just to add to the pile, Mine says "UNKNOWN".
    So what? Move on guys and if you're still worried take it with you to FP and ask the IO




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  • sumansk
    09-26 05:16 PM
    Man I called and talked to teh 2nd level person and she said my app is not in the system...So what could be the reason for it...It was received on 18th july in NSC..Any pointers guys..?? :(




    cmhasan
    07-07 02:44 PM
    Thank you Ms Martin, the information you provided is very helpful. I have similar situation: I am citizen now, we got married 4 years back that time I was permanent resident and my wife�s application was processing on employment based and still pending. She is on EAD now, not on H1 any more. One quick question when we file a new family based immigration we need to provide the information about the current employment based application since there is question in I-485 like:

    Have you ever applied for permanent resident status in the U.S.? If yes give date, place of filing and final disposition.

    What to answer? Surely you have to give reference to the existing application, so will it not be an issue? Will INS reject the application?




    GCSOON-Ihope
    11-05 10:35 PM
    When you already hold an H1 and it comes time to renew it/ file for extension/ 7th year etc, or if you want to switch jobs, you don't have to worry about the H1 quota. You can file at any time of the year, regardless of H1 availability.
    Your new H1 will be exempted from the quota, hence called "non-cap".



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