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  • mn1975
    08-17 09:25 PM

    I am planning to work part time on 1099, just wanted to know will it impact the GC process in anyway

    My status
    Working full time on EAD with GC Employer (planning to port job and use AC21 as soon as there is any opportunity)
    485 pending since more than 6 months

    Thank you

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  • bhanukumar
    02-28 01:25 AM
    Thanks for the reply roseball. My question is the new I-94 number that I got with I-797 does not match with what was given at POE but it matches with my husband's old I-94 (which is because of the error when applying).

    Is this something we need to apply for correction to match with my old I-94 number which was given at POE?

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  • meridiani.planum
    12-18 11:57 PM
    Q) What happens to the pending AoS application if I switch jobs from current employer to a different employer on H-1B.?
    If you satisfy all conditions of AC-21, then nothing happens to your AOS:
    - your i-140 is approved
    - 180 days have passed since your filing of 485
    - new jobs is same/similar to old one

    Q) What happens to my pending AoS if I switch job with different responsibilites on H-1B?
    Assuming rest of AC-21 requirements are met, if hte new job is not deemed similar to old one by USCIS when they adjudicate your 485, it can result in a denial.

    Q) 180 day rule of AC21 portability is applicable as of the receipt data or notice date?

    receipt date

    Q) Do I need to file AC21 if working for the same employer in a different position?

    typically no. Note that the new position cannot be too differnet from your LC one.

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  • meridiani.planum
    05-13 04:52 PM


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  • mss007
    02-24 06:59 PM
    No need I-485 receipt.. I came on AP they didn't asked the receipts of I-485
    even if they ask the copies are enough.
    No need to worry if she has original AP.

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  • plassey
    07-20 11:01 PM
    Recent memo from USCIS and 485 for does suggest that intial evidence is must. But this does not mean automatic rejection. I will suggest to wait till you get the receipt.
    If you are worried about getting EAD then I don't think that should be an issue as USCIS is not going to discover till they start working on your case.
    But this has to be corrected and hopefully, if dates become current for you in future, you just send an amendment.

    Dear Friends,

    Could somebody help us with an urgent question?

    In our 485 application, the lawyer put my divorce certificate from my previous marriage in my file but not in my wife's file. According to the 485 instruction, my divorce certificate should be included in my wife's file as initial evidence because she is the derivative applicant.

    Will USCIS deny my wife's 485?


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  • krishgreen
    01-11 10:48 PM
    I don't have answer to your first question. But, I went to Matamoros, Mexico in May 2010 for visa stamping. I wouldn't suggest going to Mexico if you don't have a letter from Client specifying your role on the project with project duration. I was grilled for about 20mins even though I had client letter, w2's for last 5 years. I had to stay overnight in Mexico as they have problems with their printers and could notget the visa printing done the same day. Be prepared to stay in Mexico a day or two incase if you face the same situation.

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  • pappu
    08-06 03:01 PM
    Yes there are limits to salary. I will try to post more details on it when time permits and as I myself find details from my own research.

    Basically, stay above what was in your labor/140. Do not go too high, 10% per year raise is ok. Job duties should stay same or similar. You can be a sr. software programmer from a software programmer but not a VP or Architect...(you got my point).
    This is a gray area and tough to get a correct advice easily.
    This is also a big issue for our community since people cannot get promoted or take big salary raises due to this limitation. Ask people who are stuck in 485 stage for many years.

    I know a lot of people are counting days to just jump into a new job after 180 days. But make sure you factor in all the risks when you do this. Be prepared for an RFE on it.

    and BTW I am reading so many posts that say you can jump jobs before 180 days. Please do not misrepresent the Yates Memo and regulations to prove a point. You need to stck to the job for 180 days definitely. The only exception is that if you are sure that the job offer will wait for you indefinitely in infinite future when you get an RFE. Do not take immigration laws lightly. And yes, always seek advice from a good lawyer when you take such important decisions. Forums are simply opinions from people without a law degree or experience.
    will post more on this thread as I find more info


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  • lostinbeta
    10-13 12:31 AM
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  • ABHI1
    11-12 06:38 PM
    Thank you very much for the advise.Is the I524 the only form that I have to fill.Please advise on this......


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  • meridiani.planum
    01-09 08:31 PM
    I am a freelancer and I plan to write an article for a California based Asian Newsletter about the political views of the Immigrant community.

    Most EB Immigrants (now citizens) have forgotten what's it like to be an "Immigrant in a limbo". Let's remind them!! Your thoughts might inspire someone to reconsider their decisions.

    I was in your shoes in the mid 90's. and I am aware that most of you are in the midst of a messy immigration process.

    But, if you had an opportunity, who would you choose and why?

    post your official contact info (not some email address) and interested members can contact you with their views.

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  • enqueued
    11-09 10:38 PM
    We did it twice and never was asked for w2. Just recent pay stubs will do. Just have all of them - if asked.

    My wife came here on h4 then got her h1, got it stamped. worked for two years. Went back to h4 for couple of years when we had our baby. Got h1 and stamped again. All we submitted were just the required (listed documents in the site).

    Hope this helps.



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  • DSLStart
    11-10 03:00 PM
    Wow! what a dialouge delivery by Sunny. someone from our EB community should this kind of lecture in front of Prez Obama and Congress, that'll sure get us justice (GC) quickly ;)

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  • minimalist
    09-10 02:54 PM
    Is it true that my spouse (currently on H4) with pending AOS if outside US when my (principal applicant) approval comes, will not be able to use H4. Will her H4 get invalidated the moment i become a permanent resident. What happens if she boards a plane and reaches US to find that her H4 is not valid ?

    Is this a valid circumstance. Has anyone been in a similar situation.
    H4s better keep AP along when traveling.


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  • ujjvalkoul
    07-12 03:54 PM
    For Nov 2005 long before we can get GC

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  • st4rguitar
    08-22 12:11 AM
    No. Once it has expired, it has expired. The DOL implemented the 180 day rule in July 2007, and since then, all cases have been subjected to it. I have not heard of any exceptions to this rule.

    I am from India. My employer had applied for PERM EB2 labor while my old EB3 labor was still pending. My EB3 labor, with priority date of MAR 2005, was approved before July fiasco and I was able to apply for 485/EAD/AP/etc.

    Last August (2007), my PERM labor was approved too; I had the chance to file a new I140 and request interfiling with my existing 485 application. But my lawyer suggested me not file a new I140 and we let the approved EB2 labor expire.

    Now, I am having second thoughts, as I did then. Is there any way I can use the old expired labor (> 180 days after approval). I know I cannot use it directly to file I140, but are there any ancillary benefits of having an approved, albeit expired labor? I am thinking of either checking with my employer if they can file a new EB2 PERM labor if I qualify, or switching my jobs.



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    09-28 04:18 PM

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    June 12th, 2005, 11:52 AM
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  • gcformeornot
    11-03 02:40 PM
    My perm was filed in May 2007 in EB2. Got RFE in July 2007. Replied within 2 weeks. No response since then.

    Can I do anything from my side. Is there any way to contact/request DOL to inquire about the case.

    you lawyer or employer can contact...

    06-15 04:40 PM
    Here is my question. In my college days bacd in the early 90's and mid 90's, I used to work and worked with my original Social secuirty number. Another words, I was given pay checks. I paid taxes and got refunds as well. Obviouslly all illegal since I had no permission to work as I was on FI visa. Anyways, after graduating college, I got H1b visa. Now I am in my 9th year, and my labor and I140 have already been approved. So the question is, when I am called for my 485 interview, will they know that i worked illegally, will they have records of that. I also have a DWI. I think DWI is ok, as I have read many got their green cards after this. I am more concerned with my working illegally.

    Just recentlly I was sued by Discover card. The judgement against me in teh court was for 10,000 +. I have paid half of it and will pay the rest in 6 months. Will that affect my Green Card.

    Please eloborate.


    03-15 12:26 AM
    Please reply