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06-21 01:48 PM
By law: If you take Unemployment benefits => you have become public charge. If you become public charge => you broke AOS condition. Which requires you to be never be public charge. On top of that if you were still on H1b then that would have expired with you loosing your job. So that makes it a good case for removal proceedings if your case gets an audit (which is very likely).
Lookup a similar thread(removal proceedings) in IV.
Get legal help before making a decision like that.

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10-09 04:21 PM
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01-09 02:05 PM
I know it's a drag...but what the heck..!!!

What do you think..the dates are going to move too..!!!

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02-08 01:10 PM
I am new member to this forum. My friend referred me here.

I have a very unique case scenario and need help if anyone is aware of this.

Background :
I worked for company X which went bankrupt and was absorbed by company Y. 3 months after I started
working for Y I got I-140 approved from company X(not sure how but got it).I had filed for I-140 abt.
2 months before I joined Y(then still an employee of X) and had opted for CP and not AOS(had
the option of concurrent filing but did not use which i regret till date). Since the X case was of
no use now I filed a fresh LC from Y and am still waiting for notification from BPC for recruitment(TR case).
I am planning to use the PD from earlier approved I-140 which is sept. 1999 when my LC gets approved.

Issue :
Last week I received a mail from NVC which was forwarded to me by the previous employers attorney.
The letter's main content says
It mentions "Section 203(g) of the Immigration and Nationality Act requires the Secretary of State
to terminate the registration of any alien who fails to apply for an immigrant visa within one year
following notification of the availability of a visa number".
Letter is Dated Dec. 3 2006.

Question :
I want to know if this will in anyway prevent me from using my old case PD with my current case?
My interpretation of this is that only the registration with NVC gets cancelled but the
underlying LC and I-140 approved are not affected and I can still use the old PD on my
current case. Pls. help.

The letter talks about VISA application registration. To file for I-485 you need a visa number available for you. The letter states that you currently have one and you should apply...meaning file (1-485 form which is Application To Register Permanent Residence or Adjust Status) within one year from the date of the letter.

Registration itself means a visa number will be unvailable and you cannot use your old PD. You have only one year from the date of letter to use the visa number with that PD.

You should get your new labor approval within this one year limit and can file for I-485. I suggest that you should file perm because you never know when the BPC will approve that labor. Perm max will be approved in 6 months time(Most case)

In the end you trust your attorney. Talk to a good lawyer...


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08-04 11:55 AM
We need a new Social Security Card after receiving the GC. Restrictions in the H1B people's card. So we need to apply to remove the restrictions.
I did apply at the Social Security office and got the new card within 1 week. The application is same for a new SSN and we need to show the Green card as a proof. We need to surrender the old card at the office. The old card with 'employment with INS authorization' will be removed from the system.
So after getting GC, we need to give new I-9 to the employer with GC copy and new Scoial Security Card. Same applicable for dependants.

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03-20 10:12 AM
if you are foreign national selling a house, 10 % of your sale price may be held in escrow account till you pay the taxes. This is the case in atleast some states. This is what your real estate lawyer might be referring to. The rest 10 % is released after you have shown proof that you have paid your taxes.

Thanks for your response... do you know what states by any chance?


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01-27 03:39 PM

Idiot, why are you creating a thread for each company. you could have mentioned Home Depot, Catterpillar and pfizer in the same thread.

Before creating a thread, you should think that you are eating space and band width of a site which is run by a non - profitable organization.

I think you may be venting your anger on some spam bot. If you didnt notice the name of the blogger is LayoffBlog which is also the name of a website with this information.

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09-14 01:54 PM
you would have to specify that when you apply for the AP. Look at part 7 item 2 in the application.

NO, that part applies to a person applying for Advance Parole (humanitarian reason) and not Advance Parole (baed on peding I-485).

This confusion is because the form is used for multiple application type - Rentry Permit, Refugee Travel Document, Advance Parole (humanitarian and I-485 pending). I think USCIS should redesign separate form for each application type to remove the confusion.

If your AP is based on a pending I-485 you must be in the US to apply and receive the approval. If you need to travel before the approval, you could go to a local USCIS office to expedite the application.


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12-27 03:20 PM
USCIS will only share information about the I-140 case with the applying employer and their lawyer. I once tried to help my employer to find out if the reply to an RFE on my H1-B had been received and they refused to tell me anything. I got a copy of the I-140 from the lawyer and the original from my employer, but as someone said it was a curtesy from the employer to share it.

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01-02 06:43 PM
Even if it is close to that 2020 do not get surprised


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05-21 10:46 AM
Exactly the same thing happed to me a few years ago while hiking in the adirondacks, upstate NY. If you are within 100 miles of the border the "border patrol police" has the authority to perform immigration checke on you. This is in contrast to local/state police who under-law, cannot ask you for your immigration documents. There is always patrolling on I87 near the border.
While my status was legal, my records were not up to date in one of their data bases. I was questioned on my status. The officers were stern but cooperative and eventually let me go.
I was asked to keep originals of my travel documents all the time. At the least, keep phtocopies in the car if you are nearing the international broder and keep the phone number of your attorney handy.

Same place same thing happened to me. Their records were not upto date. But thanks for letting folks know what they can expect if they drive around border areas.

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12-28 12:56 PM
My friend who filed his 485 in June, got his GC two months back. His PD was 2001. How did he get his GC within 3 months of filing 485 when the 485 processing time not even showed June 07 till now?

These dates are for mere reporting purposes. I think even if they have one application with 1999 date, they might show 1999 as processing date. With my experience with these dates and USCIS, I cannot figure out the rationale behind these reports from USCIS. Someone might be sitting there in USCIS with 20-30 randomn dates and play inky... pinky...ponky... father ...has a.. donkey... bla bla bla and then pick a date for this report. All BS.


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08-27 02:26 PM
While it is usually best to have your company (or legal representative) communicate directly with USCIS, it is possible to contact them directly to determine if your petition has been received. You will need to know which office the petition was filed at (based on the location of the employment it should have been CSC or VSC) and the date of filing.

After you provide some personal information, you may be able to receive your receipt number verbally.

Unfortunately this has worked in some instances, but not in others - so good luck.

If this does not work, your company should be able to confirm if the checks were cashed. If so, your receipt number should be stamped on the back of the checks.

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12-01 06:00 PM
The relevant dates, as I see it, are:

10/06: H-1B ext filed
12/06: H-1B expired, ext still pending
7/07: 485 filed.
??: H-1B ext denied?

Using INA 245k you may be able to argue that you are eligible to adjust because you may not have violated status for over 180 days, or at all, before filing the 485. Recent CIS memos on the issue of unlawful presence and related topics have made this a very complicated subject, so you really need to review the entire history with an immigration attorney in a formal consultation.


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02-11 12:00 PM
Yes My 140 was approved close to Sept 19.. Thanks

I think your attorney is right... Was your 140 approved in September.. meaning.. is Sept 19 close to your approval date? if that is the case I wouldn't worry. But if your approval was much earlier than Sept then it could be something to clarify from USCIS.

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08-26 11:39 AM
Thank you very much for your prompt reply. Greatly appreciate.
I paid the money to my company who has applied for my H1B. I am not too sure whom they will address the check to. They only sent me the Fedex tracking no. which tells that the application is received by USCIS, Vermont on April 7th.
I am fine if it is taking time but my only concern is whether this company has really sent my H1B petition. Is there any way to find it out?



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05-22 06:27 AM
For those of us who will not have access to the press release, kindly post the transcript (or even a brief summary) of the findings when it becomes available.

Good luck, Aman and Shilpa! Do not know how you guys managed to be invited to the event, but in any case, your efforts are to be commended on the whole.

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07-07 06:05 PM
Yes - 485 can only be applied if ithe dates are current

Thanks for the valuable information. But we all know the I-485 process take long period of time. Mean time if I marry again, do I have to wait for the priority date to be current in order to Apply I-485 for my new wife?


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02-09 11:40 PM
Your emergency is in India not in the US,so am not sure how you can provide the consulate in India a valid reason to travel back asap. If you have a valid reason to return to the US asap then make sure you have the supporting docs.

07-17 05:17 PM
Murthy ji and Rajiv.S.Kanna are very good lawyers. Please don't use any bad words. You will really be in trouble.

06-15 11:08 PM
Dude i think you have WAYYYY overestimated the processing times!!

I think I might have ....I will not be surprise if they establish BECs for all of these ...:) BECs for AP, BECs for EAD and BECs for 485 ...

The guys who dint have experience with BECS in labor stage will see what BEC means. People like me have to experience more than once ...

If CIR passes in its current form forget about GC for 15 more years ....:D :D :D :D :D :D :D :D :D

This is what an american friend of mine mailed me back when I told him that I can finally apply for my 485..

"Glad to hear.

but.... correct me if I'm wrong but that doesn't really mean anything does it?
doesn't that mean that you're just moving from one line (where you can somewhat see your progress) to another line (where there is no update)?

I'm not sure what the 3rd stage means. it's waiting for another 5 or 10 years or something right?
any benefit or anything?"

Afte that I explained him I will get certain benifits like EAD and AP blah ... Here is is response

"well that's cool then. :-)
glad to hear.

So... this means another 3 to 10 years of checking a website every day or... do they not let you do that?
Just wondering if you'll have any sanity left by the end of that time.

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