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  • vin13
    03-11 03:20 PM
    Hi All,

    EB3-ROW PD: June 6, 2005
    AOS application sent: July 1, 2007
    I switched employent on December 2007. I didn't transfer H1-B so I am using my EAD to work for the new company. I didn't file for AC21 because I was worried about RFE or other type of complications.

    My H1-b visa and I94 expired on May 2008. I am planning to visit my homecountry and come back on AP. As I understand all I need normally is AP+ passport+ I485 receipt. However, I also read some forum members recommending that we carry recent pay stubs and an employment letter from our company. I also read some that folks were asked if they were still working for the same company. My honest answer would be "no". I left my GC sponsoring firm (A) and joined company (B). So I wouln't have letters or pay stubs from company A. Would that be a problem at the POE? If I run into an IO that prefers to scrutinize, I might get into trouble. This really worries me. Again I switched jobs and never filed for AC21. Would I be at fault for not reporting the job change?

    Thanks a lot for all your support!!

    I changed jobs twice using AP. I filed AC21 first time. I did not file AC21 when i moved the second time. I am no longer on H1-B.

    I entered US on AP couple of months ago. Passport and AP document are all you need.

    At POE, I let the IO know that i am entering on AP. If not they may start to look for visa in the passport. Hand over the AP documents and passport. I was sent to secondary inspection(typical for AP holders. nothing to be concerned). They take the documents at the secondary inspection and ask to wait. Few minutes later, they call me and give me a stamped AP document, I-94 and passport.

    My sincere advise, also take I-485 receipt notice, I-140 approval document, employment letter from current employer (few words describing your job duties and when you started),
    and current pay stubs. All these are supporting documents only if they ask.

    Changing jobs without informing USCIS is OK when you are using AC 21. There is no rule that you need to inform job changes.

    Another smart thing to do would be in the employment letter also mention that this job is similar to the one applied for your green card. Again these are not mandatory just a good supporting document.





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  • austingc
    06-10 05:01 PM
    Hello All,

    I was reading at some of the posts in this forum and they seem to have been quiet helpful.

    My company has decided to go ahead with my GC process.
    Its in the very early stage, but my immigration specialist gave me a heads up regarding something.

    She said, that as I have a 3 yrs BE degree the USCIS may not recognize me under EB2 category :confused: So I explained her the education system in India, but she said that it depends upon the Credential Evaluation Agency which will process my educational qualification and prepare a report and submit it to USCIS.
    Following this USCIS will make a decision whether to grant EB2 or EB3 category.

    I am sure many of the members may have faced a similar Dilemma....Is there any specific solution to this?

    To be precise I completed my Diploma from Mumbai & Degree from Pune University, followed by MS in US and currently working on H1B.

    Please Advice.

    Thanks,
    Shakti
    You can just show your masters degree and file under EB2. The important thing is the job should require a Masters Degree. Then the USCIS do not care what undergraduate degree you have.





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  • panini
    03-17 01:40 PM
    Thanks Tnite and Leoindiano for your responses.

    Yes, I called Customer Service first thing this morning and I think I was lucky enough to talk to an IO. I think she was an IO because she had access to all the information and she confirmed that the older PD is in effect.

    Once again thanks for the responses.

    Pnini


    When you filed I485 , you have to send a copy of the I140. If you had sent in the one with the old PD then thats what USCIS will go by.

    Call USCIS custonmer service and see what they tell you.





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  • 21stIcon
    12-21 08:44 AM
    Excatly, you got it. at the end of year w2 should have 100k as a salary not after employer deduction.



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  • yabadaba
    05-21 07:29 AM
    was this when you were entering canada?





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  • augustus
    01-31 09:39 PM
    Dear all,

    I am sorry to post here. I know this is wrong but don't know where to go to. Could someone please help me and tell me how you can diversify your savings as an NRI for a safe secure future?



    Thank you for your support.

    Again, my apologies.



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  • gcformeornot
    04-12 06:40 AM
    Sorry i keep on asking same questions again and again. I could not find any answer for that. What should I fill in "date of application" for priviously applied I-765, it should be date from EAD when they approved it or should it be the the date on which they received my application.

    Also what should I fill in the
    "Please provide information concerning your eligibility status"

    Please suggest.

    I put application date as when ever I signed the form and dated it. I think its no big deal, if you attach copy of previous EAD...





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  • GotGC??
    03-27 02:09 PM
    You missed the sarcasm, never mind :)

    Yes, depending on how the educational requirements in your LC is worded - I mean right down to the last word - it just might leave you with some room for manoeuvre.

    Yes. I have paid quite amount of money to fill the PERM application.
    So, what you are saying that I actually can continue the process?



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  • tuhin
    07-16 12:53 PM
    Hello,

    I have a general question on EB# to EB2 porting and was hoping if I could get any advice here. I have a labor filed under EB3 in 2005. I got my EAD in 2007 (thanks to the floodgates that opened in July). Now I am planning to move to a different employer in a much better role. The future employer is a startup, and is a little hesitant on transferring H1B, but will file for my labor in EB2 category and will work on porting my priority date.

    That means, I will have to drop my H1 (valid through 2012) and will be on EAD. Is it possible to file for EB2 and port from EB3 later on, if H1 visa is dropped and I am in solely on EAD?

    Thanks for going through my post.





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  • boreal
    08-29 01:54 PM
    I think there are still some visas left for EB2 I/C but they want to distribute them judiciously.
    Due to the random processing, seveal people had earlier complained to USCIS and Ombudsman. This may have probably resulted in drawing a line that would mandate following a RD by IOs.
    On the other hand DOS has still not made any official statement as the visa may be available or would be available towards the end of month.
    Thus all those people whose RD is earlier than the published RD and PD is within the window should remain hopeful.

    My theory is that USCIS could not handle the load of all the calls from us to CSRs, the infopass appointments, the SRs being opened...It was pretty silly of them to have moved the dates to August 10 (NSC) when there were thousands of applications with the RD of July 2. Obviously, that resulted in tonnes of SR/Infopass requests. Makes me think there is no one unit within USCIS that can do _some_ analysis regarding the consequences of their actions. This organization exhibits no accountability to anyone, i guess only action from Congress can make it be a little more responsible, but that doesnt seem a possibility as Congress doesnt really seem to have any incentive taking that route. (Even if all 300 of active IV folks cry out loud!)



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  • nashim
    04-07 02:35 PM
    gcisadawg,
    I am unable to answer your question since I do not know, anyway I am also planning to invite my mother-in-law, what are documents required for B-2 visa? Do I need to send original birth certificate? Thanks





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  • mhathi
    03-23 10:57 AM
    I had put in undecided at this time or something like that



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  • dkjariwala
    03-30 08:36 PM
    Awesome. Congratulations and enjoy!





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  • sumansk
    09-26 05:21 PM
    Is it possible that for people whose app is not system might have been rejected.But even if that is rejected then it shud be in the system...right ????



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  • martinvisalaw
    03-17 11:50 AM
    1. If my PD is current, Will I eligible to apply I-485 using Employer A I-140 approved? No, not legally. You cannot base the 485 on a job offer that no longer exists. If there is a chance that Co. A will rehire you in the same position, and they will provide a letter saying that, you could file. However, there really must be an intention to be in that position when the 485 is approved or you are committing fraud.

    2. What are the documents needed from employer A, if I want apply I-485?
    See previous answer.

    3. All my friends telling me, I can apply I-485, Is it true?
    See previous answer.





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  • bitzbytz
    07-30 03:43 PM
    Within 4-10 days, after the USCIS sent the FP notice. :mad:
    but you need to improve



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  • eb3_nepa
    10-02 12:33 PM
    Hi,

    What exactly is the deal with the 2 I-94s? We get one with the H1-approval and one when we enter/re-enter the country. Now when we leave the country they automatically take then I-94 attached to the passport. What happens to the I-94 with the H1B approval. Are we supposed to give that away as well? I have left and entered the country 2-3 times but never surrendered the I-94 attached to the h1B.

    Can someone please let us know how this I-94 surrendering and numbering works?





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  • jsb
    11-28 01:19 PM
    Fee : $305.00

    Applied on line, printed the form.

    Attached the following and sent them to USCIS
    1) 485 - copy.
    2) Old APs 2 - Copies.
    3) Cover letter explaining that I need to visit my parents as they are old.
    4) DL - Copy.
    5) Photos : 2 (write A# and name back of them) (I forgot to send the photos with the application)

    I forgot to attach the photos and got RFE, sent photos and approved yesterday. Waiting for the physical copy.


    Item (3) the cover letter, is not required, but there is no harm to include one. Besides that include photo page of your passport (to confirm you are who you say you are) help speed up the process.





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  • conchshell
    07-12 02:51 PM
    RNGC, nice writeup but if (yes if) we want to take the lawsuite route, first we need to identify all those grounds on which we can file the law suite. Afterwards we need to get those grounds validated by an attorney who specializes in filing these types of law suite (not the usual immigration attorneys). Usually a law suite is considered a last resort, but there is no harm in preparing for it. Why don't you take a leadership role on this front?





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    07-08 04:35 PM
    Just rated and added my comments. Folks dont think about the result , just do your part ...:)





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    06-11 06:01 PM
    the question may be, why did 'someone' do it