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I had asked this question to the immigration lawyer at IV. She said that if you are working for the same company at their offices aboard & go for Consular Processing ( it is the only option as you can not go 485 route) it should be just fine. However, if the company that you are working for when you are abroad and the company that did your GC are not the same thenit is almost impossible to prove that the job exists when you arrive in USA after CP.

It is an interesting question i am also worried about. I was told by my company attorney that i need to file I-140 asap as USCIS is in process of changing how long you can wait with approved LC before filing I-140. Once you have I-140 approved, basically you can come back to the US on an H-1 to work for the company (you will need a new h-1, even if you have a 3 yr. extension based on approved I-140). Then if and when the priority dates become current you should be able to file for I-485

I got RFE for my spouse in August 2008 for I-485 regrading the marriage certificate and still the status hasn't got updated, called several times USCIS but no luck.

The Senate and the house may be passing the tax refund bill soon (due to slowing economy). There is lot of pressure on the government to act soon.

Can we get them to attach atleast one of our provisions with these bills - the most important and non controversial being recapture of unused visa numbers.

Just a suggestion................I know there is no dearth of suggestions.

We should definitely try (in addition to writing letters).

Can we get some more information about this bill? Who are the key players supporting/pushing it, who/how do we contact to try and push some of these reforms?

you have had one heck of a journey.
Enjoy !

She could pursue Masters on H4 visa as well. It has its own merits and disadvantages. Advantages are she would be eligible to in-state tution waiver(Which is significant) and could complete the program at her own pace. Disadvantage is that she would NOT be eligible for any scholorship and can not work while on H4.

nixtor and english_august are requesting IV members to join them tomorrow in Washington DC.

It would be great if members are able to make it to this event.

Guys, According to following URL, it seems that all july filers should get the RN by now irrespective of the processing centers. I am 24th July filer but still did not get the RNs so far. Are other ppl also in same boat? Please let me know. I am worried now.


http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ace7ec20cfbd4110VgnVCM1000004718190aRCR D

Cheers. :)

I'll try that tactic on the others, see if it reduces them any more. Like I said, I've never really had to use Fireworks much before, so I've still got no idea of the best way to go about things, and all the little tricks you can do. :-\

Obviously first point is talk to a good attorney
but some points to remember :

- 8K doesnt mean anything.. what matters is the % less from the expected salary.

- Also, get the latest audited company financial docs done .

- Remember this is for a future job, so check whether you will make that much when you get your GC.

I got an RFE about my company's latest Tax statement for the current year. When my attorney sent one, I got I140 approved immediately.
What I heard from my friends nowadays, usually it's company's ability to pay. If the company does not show sufficient income even to pay the employees, then there could be an issue. But just wait for the notice. I think your attorney gets the notice


same thing happened to me.

My greencard application has stuck in name checks for 3 years. I recently filed a Writ of Mandamus. Before going to court, U.S. Attorneys filed to dismiss my case, citing that the adjustment of status is discretionary and the FBI can take as long as they want to do background checks.

I am hesitating whether to go ahead with a court hearing. In addition, I am not happy with my current lawyer.

Can someone recommend a good lawyer to me? Many thanks!

YL
Hi Yingli,

I am sorry you have been stuck in the FBI name check for three long years. The fact that you have a motion to dismiss filed against you is not your lawyers fault. This is the standard operating procedure for all US Attorneys across the country.

The most important thing right now is that your attorney respond to the motion and get it denied. Once this is accomplished, your attorney can shift to offense and win the case for you.

~Justin Fok

Vinzak, You have to take into consideration the recaptured visas of the 90's applied in the period 00-06. If I remember correctly the earlier recapture was signed in 2000 by Pres. Clinton . If we exclude those recaptured numbers the actuals are much lesser. Hope this helps.

I have registered on USCIS website for I-485, AP and EAD. When I logged on today I saw last updated date modified to 11/25/2007.
Email notification for all the registerd cases is turned on. I did not receive any email notification for the updates

Just wondering if some one else in the same boat not receiving emails.
I have given my hotmail email ID, if that matters ?

Any Idea ...

Did you check your junk folder ?

SSN has already been obtained on first EAD. Now the question is why renew EAD if one does not intend to work?

Now EAD will be required, when you need to renew Driving License (or State ID). If H4 spouse is not driving and State ID is also not required (passport is OK as ID) then I don't see any reason for EAD.

First EAD was also not required. I did not get this done for my wife. Lawyer charged me full money minus $190. For stimulus package SSN was required, so I requested Lawyer to file EAD and I was asked $840.

I did e-filing to get EAD, then to SSA for getting SSN and then Tax Return.

Note: Based on personal experiences, if you can easily part away $340, keep on getting EAD renewed even if not required. In foreign land, who knows what is required in future - Stimulus package mishap is an example of this. A lot money is wasted in life - this may be also wasted.


I485 receipt is not proof accepted in places like DMV or SSA. I think, nowhere it is accepted except in USCIS.

Who asked for a combined AP and EAD?

What help will it offer really?

It would have been better to ask for a 5 year EAD. But some person would have posted asking for a combined document?

What will we really do with a 2 in 1 document????

Thanks a lot

Thank you Prashanthi for your reply.

I have a letter (it's in email format) that shows my lay-off is because of "lack of work". However, this letter is for the time before my GC was approved. I suppose that I need to get a letter from the company dated sometime after my GC approval date in order to present that in the time my citizenship process to justify that the job offer was not speculative; right?

That might also possible to get a letter from the company that shows they are willing to hire me in case there's a new project; thanks for your comment on this.


I think as Attorney Prashanthi mentioned, uscis might consider the current economic situation as well but b/w now and 5 yrs uscis might have updated laws too.

Unless you need to travel immediately, I551 stamp is not important. I am assuming she only declined to stamp the I-551 but the GC was approved.

These days you get the card in 30-60 days from approval. sometimes even within the week so you dont need the stamp. The actual GC card is the I-551 document you need. The stamp let you travel without the card in the days it took around a year for the card to arrive.

Congratulations and get the passport renewed, you would need the current passport for travel anyways.

I do have copy of approved I-140 from company A and asked for the old priority dates on Old I-140 when applied for new I-140. Not sure if it matters

I came in USA on H1 visa and continued in that status till 2008 (six years). Company A sponsored a green card for me in 2003 for a position different than the one on my H1B based on future employment opportunity/position. My I-140 was approved in early 2007 and after applying for my I-485, I got my EAD and AP in August 2007. However since I was working on H1B with another company at that time, which was valid till June 2008, I did not use my EAD and worked till my H1B lasted. As my H1B expired, my status while living in US as per my lawyer changed to AOS pending.

I took a couple of months off and visited India. Came back to US without a problem using my AP. Looked to start a business but did not succeed due to economic condition. I still maintained an honest intent to join the sponsoring employer when I get my GC and vice- versa with regard to the sponsoring employer. To earn living therefore, I joined another company for a couple months in a similar field using my EAD but did not use AC21 (as a full time primary job). That job did not last long and now I am again looking for employment opportunity.

I visited my lawyer recently with current situation and a few questions and he said I can be in deep trouble - being unemployed mostly since leaving my H1B status and having worked for another company for those few weeks in a job capacity that was a bit different than the one on my petition. He said I could be deported too if my luck is bad in this case. I request you to advise me whether what happened was really wrong and if I can correct it anyway? As corrective measure, my lawyer says that with immediate effect either I should join the green card sponsoring employer or find another employer with similar job offer (willing to port my Green card) - to avoid hard quuestions with USCIS. In this economy, nobody wants to take extra burden. But I spoke with my GC sponsor. He said the job is there for me like before and he is willing to write a letter of intent to hire me on permanent basis currently or in future if required to whosoever concerned but would prefer to wait a few months giving the crunch in business these days.

WHAT SHOULD I DO? Would the letter suffice the honest intent on both sides regarding the employment offer? Can I afford to take a little more time find a simmilar job? PLEASE SUGGEST.

I came in USA on H1 visa and continued in that status till 2008 (six years). Company A sponsored a green card for me in 2003 for a position different than the one on my H1B based on future employment opportunity/position. My I-140 was approved in early 2007 and after applying for my I-485, I got my EAD and AP in August 2007. However since I was working on H1B with another company at that time, which was valid till June 2008, I did not use my EAD and worked till my H1B lasted. As my H1B expired, my status while living in US as per my lawyer changed to AOS pending.

I took a couple of months off and visited India. Came back to US without a problem using my AP. Looked to start a business but did not succeed due to economic condition. I still maintained an honest intent to join the sponsoring employer when I get my GC and vice- versa with regard to the sponsoring employer. To earn living therefore, I joined another company for a couple months in a similar field using my EAD but did not use AC21 (as a full time primary job). That job did not last long and now I am again looking for employment opportunity.

I visited my lawyer recently with current situation and a few questions and he said I can be in deep trouble - being unemployed mostly since leaving my H1B status and having worked for another company for those few weeks in a job capacity that was a bit different than the one on my petition. He said I could be deported too if my luck is bad in this case. I request you to advise me whether what happened was really wrong and if I can correct it anyway? As corrective measure, my lawyer says that with immediate effect either I should join the green card sponsoring employer or find another employer with similar job offer (willing to port my Green card) - to avoid hard quuestions with USCIS. In this economy, nobody wants to take extra burden. But I spoke with my GC sponsor. He said the job is there for me like before and he is willing to write a letter of intent to hire me on permanent basis currently or in future if required to whosoever concerned but would prefer to wait a few months giving the crunch in business these days.

WHAT SHOULD I DO? Would the letter suffice the honest intent on both sides regarding the employment offer? Can I afford to take a little more time find a simmilar job? PLEASE SUGGEST.