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    • gman
    12-22 11:07 PM
    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?




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    • arsh007
    12-21 08:58 AM
    Please let me know if Missouri members can participate on this conference. I am not aware if we have any local IV chapter in Missouri. Looking forward to your response.




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    • chanduv23
    11-10 03:35 PM
    --- bump ---

    so many views but no replies yet :(

    Yes, you can, but must not get paid. the work must be volunteer work only. My wife was involved in cardiology research for 3 months while on h4. She was not paid - she was just a volunteer.

    I would recommend - not to get into unpaid work stuff. This is from personal experience. My wife was unpaid volunteer at Emory Cardiology research , and was being exploited - they found her to be good at work and started dumping all work to her - she was completing charts of paid employees and was working like hell because they set deadlines for her. We were furious and I pulled her out.
    When she requested that they give her a recommendation letter for all the work she did - they were reluctant to do it and started yelling at her and were extremely rude so that she wont ask again - they bullied her into signing a document that would strip her name off all publications. Finally after a lot of persistence and insisting, they gave a letter of recommendation.

    The reason I write this stuff is - to warn you all - do not get into this kind of stuff. The world is very exploitative and we cannot trust workplaces or people around us.

    Use time on H4 for some good stuff - volunteer for IV or there are so many things you can do.




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    • skagitswimmer
    June 7th, 2005, 08:00 AM
    Thanks again. What threw me was that even though the detail was blown there was lots of colour. It is not like when it gets blown to white by direct sunlight.

    The shot we are all talking about was originally in RAW, by the way.

    This is the time in a while that I have identified a problem that wouldn't be solved with a large expenditure of cash
    Current Status: Document mailed to applicant. [Archive] - Immigration Voice
    Log in

    View Full Version : Current Status: Document mailed to applicant.



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    • optimistic
    08-01 10:58 AM
    My wife is planning to go for H4 visa stamping in October. My question is can she go alone and what kind of documents she need. Our I-485 applications have reached USCIS on July 2nd. Any reply will be greatly appreciated.

    Yes, she can go alone.
    The following is the list of documents that may be required to be produced at the American embassy for visa H4:-

    1. marriage registration certificate-orignal
    2. Wedding photos
    3. Wedding invitation cards
    4. Copy of labour condition application of principal applicant
    5. Copy of Pay stubs of principal applicant and copy of bank statement as proof of ability to support spouse financially
    6. copy of I-797 notice of approval of principal applicant
    7. Passport copy of principal applicant (all pages)
    8. Spouse's name should be added to the passport of the visa applicant, preferably it should be added in the principal applicants passport also. Though it is not mandatory.
    9. I-129 form of principal applicant-copy
    10. Principal applicants letter of offer from US firm-copy
    11. Principal applicants work experience letters-copy
    12. Web appointment receipt for interview
    13. Passport + one photograph
    14. Completed visa application form DS-156
    15. Completed visa application form DS-157
    16. Demand drafts for vfs fee and visa fee- both application and issuance

    Please check the US consulate website for a complete list as they may have changed the requirements.

    Hope this helps.




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    • Ann Ruben
    03-08 07:10 AM
    Hi Prem,

    Your sister will certainly be subject to greater scrutiny if she returns immediately to the US after an extended stay. Whether she is is ultimately admitted to the US or denied admission and sent back home really depends on several factors. First, can your sister persuasively demonstrate that she has strong ties to her home in India, to which she intends to return at the conclusion of her business trip? Next, can she document that she will be engaged in permissible B-1 activities of limited duration? And finally, on what side of the bed did the CBE officer wake up?


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    • YesGC_NoGC
    05-14 10:25 PM
    Will continue to conribute




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    • raysaikat
    04-21 01:17 PM
    ... it is essential that one be in H1-B status.

    This is patently wrong. There are many people who are on EAD at the time of I-485 adjudication.

    The only legal requirement is that the person has a valid offer from the I-140 sponsoring company (or some other one, if AC21 is used) for a same or similar job (similar to what was mentioned in the LC). In practice, the petitioner should have the job at the time of adjudication.


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    • Lasantha
    06-22 11:39 AM
    My colleague told me that he took only chest X-ray and not done skin test he got his GC.

    That could be true in the past. But they have been insisting on the TB skin test since last couple of months. Before I am sure it was not a problem. But since recently they have been sending our RFEs. This is what I read on Murthy.com.




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    • stxvr
    07-07 04:24 PM
    I am on H1B. I am palnning to file AOS. Category F1 is Child of unmarried son of US citizen(family based).

    The LCA and Petition papers used for the my H1 Visa (at consulate interview) has the Job Title Programmer I and location A. But before coming to USA I got reassigned and I got a new LCA from the company (I got new LCA in India itself). Recently I looked into that New LCA it has recorded my Job Title as Programmer II and my current location location B.
    I have following question.

    My questions:
    1. Does this Probrammer I/ Probrammer II change in LCAs affects my AOS.
    2. If my oroginal petition and LCA has the job title programmer I and after that I got new LCA for new location with Job title programmer II than it is OK Or I must have to have the job title programmer I (same as matching with original petition)


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    • Pineapple
    10-10 09:44 PM
    Yes, I did. That is how I came to know that I had to send the card back, with a fresh I765 (but no fees), and a letter explaining the error (as it it wasn't obvious).. my worry was (still is) that my application would join the pile of applications, and would sit there in the bottom.. another potential wait of six months..
    So, I did all I could. I called up USCIS a couple of times, took an Info Pass appointment, and talked to an official at ASC when I went for my finger printing appointment.. They were all sorry about it, but could not do much to help. Returning and re-applying are the only options. However, I was told (not sure how much to believe), that since it is obviously their error, it would not take long to fix and they'll send me a corrected card earlier than it would have taken if it were a regular fresh application.

    Anyway, my lawyer did her own checking and calling - we gave her the EAD and two fresh photos, and a copy of proof of identity (drivers license)
    , and she promised to take care of it.
    Will post if it works out well.. :)




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    • sunny1000
    11-27 03:27 PM
    Usually I get my Visa stamped in Chennai. I have enough info to survive in Chennai.

    This time it is not going to help much as I am going to Mumbai. It is a pain from the first step. I finally got the appointment for 10th Dec. I have to have some body hand deliver documents there in India..Oh well..

    I have the appointment at 9:30 AM and was planning to fly out of Mumbai Airport same day at 1:30 PM. Now it looks very ambitious! What do you think? :confused:

    I have no idea about lodging near consulate. I tried my luck near the airport many times. It wasn't pretty.

    Any recommendation on Hotels and area near consulate ? I am not going near Five star / Rs 10,000 per day.
    I am looking at ~ Rs 2,000 for 7 hours..

    Any help is appreciated..:)

    Waiting Game,

    I don't know about Mumbai but, as you know in Chennai, they don't give back the passport until the next day atleast. I got mine 2 days later at Chennai last month, that too by going personally to the VFS office to pick it up. So, you may want to give yourself at least a day for your flight back.

    Good luck with your stamping.


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    • mnq1979
    12-11 01:19 PM
    I have recently completed my MBA(Finance) through online university and tell u guys wat its really nice and tough. so go for it
    its devry university with the mba school name KELLER GRADUATE SCHOOL OF MANAGEMENT...make a serach on yahoo n u will get it




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    • immi2006
    11-06 10:03 AM
    What is new in your post ? It was like that for a few weekes now.
    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.
    -------------------------------


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    • silveroaks
    10-03 10:37 AM
    They do the same n FL and whats worse....they only issue temporary license that expires every year.




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    • posmd
    04-06 10:18 PM
    All this is a lot of posturing. I think they will get a bill out of senate. Dems. want as few modifications as possible, Reps. want to weaken its pro immigrant provisions as much as possible. It is surprising to me that even with a minority 45 in the senate they are weilding more power as they are more united 40 or so solidly behind kennedy, compared to Reps. who are divided and so weakened. The bill is hence being shaped more to the pro immigrant Dems.
    I doubt the Reps. will kill it on the senate floor, they will atleast wait until house/senate conference to do that.
    Will be interesting tomorrow. Lets Pray as Cardinal Mahoney suggested.


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    • ksiddaba
    07-18 12:43 PM
    I do feel that a flower campaign again will have the opposite effect. Once is a novelty and the media loved it, I think the second time you would be annoying people and so would do more harm than good to your cause.

    Let's see if we can get IV to talk to Zoe Lofgren and other and see what actions we could take. We are behind you financially and with manpower. Please do not let frustration creep in.

    Ultimately you will succeed.




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    • GCBy3000
    04-15 07:35 PM
    I agree as long as you have filed your 485 and 180 days is passed. But in my case, I have not even crossed the labor stage. It was pending with BEC when my company asked me to move. I tried a lot to convince my attorney thinking that I might miss the boat of 485 if at all it becomes current, but it did not help.

    THe LPR clearly states that it will become void if any of the below changes.

    1. Job description
    2. Location
    3. Something else, I dont remeber.

    The above will not come into effect, if you had crossed 180 days of 485.

    Also my attorney told that USCIS will not be able to find from where I file from 485, but it is risk on my part when I go for naturalization. Also if for some reaosn a RFE is issued, any company will tell the truth and the beneficiary will be in trouble. So it is always better to file a new labor unless the beneficiary is intened to move back to original location during the adjucation process and stays at that location for 6+ months.

    I dont understand how you got away with this one after changing the location. With your example, the locational requirement of LPR does not make sense at all. Anybody can file LPR anywhere and move anywhere as long as 485 takes more than 180 days. One can deliberately file 485 with improper documentst to delay the approval and getaway. Double check with your attorney on this one and playing safe is not bad idea at all with the current USCIS mess and immigration laws.

    AGAIN, I THINK WHEN YOU FILE YOUR 485 you have to be working in the location as stated in your LPR AS PER THE LAW, eventhough USCIS will not be able to find it. Before PERM, there was a column to state the beneficiary will work anywhere in US. But this not available anymore with PERM. The bottom line is the strongest part of LPR, "THE LOCATION", does not make sense at all.

    By making you file for new labor, your attorney has played it too safe. In your case, filing a new labor was not neccesary. Please read below and check with an immigration lawyer for advice. I AM NOT A LAWYER but this advice is based on 2 different lawyers I have talked to regarding my own case where I moved from Phoenix, to Reno after my labor was filed.

    Here is the deal when changing the location while GC is pending:

    1. You can change location during your pending GC. But your job description must not change. Also, you have to move back to the location where your GC was filed, ONLY IF your 485 is processed and approved in less than 180 days from filing (I dont think USCIS will ever be that efficient and process 485 petitions in less than 180 days). That's because your option of AC21 of changing employers and locations (within the same job description, you cant work at a gas station or McDonalds) kicks in after 180 days of filing 485. If your 485 is approved in less than 180 days, then yes, you have to go back to the original location where your Greencard was filed because you dont have the AC21 options of switching employers and locations during your 485 stage ... which is available ONLY AFTER 180 days have passed in the processing of your 485 file.

    So as long as your 485 takes longer than 180 days, you can continue to work at your new location even though you GC and labor was filed at a previous location.

    2. After 180 days of filing 485, you can change employers using your EAD and change locations. No limit. But it has to be the same job description. You cannot start working as a manager if your Greencard was filed for the position of a programmer.




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    • ksircar
    06-11 11:55 AM
    I asked IV core on what version of immigration bill they support because I and other people wanted to know since there are so many amendments to the current immigration bill and Now I log in to see , the thread is missing, why, my question was straight forward, again I am asking them on what form of immigration bill they support. I highly doubt In what they are doing looks like they are working for the benefit of them self. Guys please don’t be ignorant and its your right to ask the question don’t be a dumb crowd but ask questions.
    I am too in the same GC queue with I140 and I485 filed and pending, so don’t count me as anti – immigrant but also want to see the betterment of others too who are in GC process and will be effected due to the introduction of the new bill.
    :mad:

    You are right ... the core team is possibly working for their own benefits (and that also within closed doors). Just remeber the core group (only 10/12 people) are not the only persons affected by backlog and retrogression. So even if they work for their own benefits, that will indirectly benefit people like you and me. Instead of screwing the core group, why don't you ask them how you may offer your service to IV.




    bluekayal
    02-25 05:21 AM
    I understand your mother filed for I-140, but did she also file your I-485 and advance parole? If so, as soon as you get your AP, leave the country and return..as a Parolee. Then apply for FAFSA..




    seahawks
    07-19 08:32 PM
    I work in CA, my I140 is approved from NSC.
    But the lawyer sent the 485 to TSC.
    I just went over the I-485 form and it clearly says to send the I-485 employment based applications to NSC

    Employment-based adjustment of status.

    File all employment-based adjustment of statusapplications at the following address:
    USCIS Nebraska Service CenterP.O. Box 87485Lincoln, NE 68501-7485



    Did my lawyer screw up?
    No, there are two theories, usually if your I-140 was approved from TSC, then 485 gets filed there. Most of the 485's got to Texas these days. Now if it was send in any of them, they usually forward it to the right center.

    I am from WA, mine I-140 was filed in TSC and so was my 485. They have different clauses like if you file concurrently, if your I-140 was approved and soo on.. so what is given online is not very clear. Don't worry, things will be fine. If you feel you are confused, always call USCIS and they will provide you the input.

    Not an attorney, just an observation and reading. I know lot of people filed in NSC and they got forwarded by NSC to TSC!