pete
12-13 03:29 PM
If I get to it I will report this to the authorities. IV should work against this as well.
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the
12-20 01:20 PM
guys..
my question in all this excitement..
2yrs on h1 + 5yrs on h4 is eligible for 4yrs of H1...??!!
please post...
yes
my question in all this excitement..
2yrs on h1 + 5yrs on h4 is eligible for 4yrs of H1...??!!
please post...
yes
badlucky
05-14 06:23 PM
hmm, i think munnabhai did the right thing.
sometimes people give irrelevant advice. one guy asks im getting divorced, what shud i do with respect to 485? if people tell him, stop worrying bout 485, focus on ur life and fix ur marraige, then its not helping him from a "forum" perspective.
thanks
sometimes people give irrelevant advice. one guy asks im getting divorced, what shud i do with respect to 485? if people tell him, stop worrying bout 485, focus on ur life and fix ur marraige, then its not helping him from a "forum" perspective.
thanks
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Gravitation
07-06 08:38 PM
^^^
more...
mitasa
10-29 01:57 PM
I’ve been reading too many posts, queries and concerns and feel that I am not sailing alone.
I have a few questions:
1) How does USCIS work? Do they have a set of rules? Is there a law stating they would provide AP or EAD (for all legal eligible cases) within 90, 120, 150 or 200 days?
2) How can a person who is trying to immigrate legally (tax paying) make USCIS answerable for all these delays?
3) Does the law of the land provide any opportunity for us (people trying to immigrate legally) to question USCIS for the delay?
I’m all questions. Please share your thoughts….
Thanks in Advance
I have a few questions:
1) How does USCIS work? Do they have a set of rules? Is there a law stating they would provide AP or EAD (for all legal eligible cases) within 90, 120, 150 or 200 days?
2) How can a person who is trying to immigrate legally (tax paying) make USCIS answerable for all these delays?
3) Does the law of the land provide any opportunity for us (people trying to immigrate legally) to question USCIS for the delay?
I’m all questions. Please share your thoughts….
Thanks in Advance
desighee
01-04 10:10 AM
yes don't wish for two wives.
One wife itself is sufficient to cause life long agony and u r wishing for too!
Indeed a brave fellow and should be given a GC on national interest waiver
One wife itself is sufficient to cause life long agony and u r wishing for too!
Indeed a brave fellow and should be given a GC on national interest waiver
more...
viper673
03-22 11:29 AM
what happens if I had interfiled with a new I-140 EB2 (currently pending) and now my original approved I-140 EB3 became current?
Will USCIS adjudicate based on either I-140?
Will USCIS adjudicate based on either I-140?
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qplearn
12-12 01:16 PM
You wont be disappointed.
This country doesn't care about legal immigrants, all they care is about illegals and big businesses..Does anyone know how to go to Canada ? Please tell me ..please please...Or any other country other than India..doesnt matter even if it is Iraq..please tell me, I am tired of waiting for visa bulletins and putting my life on hold..please...
:-):-) Hehehehe folks..please continue from here, cant give more than this for now!!
Don't moan or groan :) Against the law :)
This country doesn't care about legal immigrants, all they care is about illegals and big businesses..Does anyone know how to go to Canada ? Please tell me ..please please...Or any other country other than India..doesnt matter even if it is Iraq..please tell me, I am tired of waiting for visa bulletins and putting my life on hold..please...
:-):-) Hehehehe folks..please continue from here, cant give more than this for now!!
Don't moan or groan :) Against the law :)
more...
eagerr2i
12-04 03:57 PM
This appeared in todays Business Standard Newspaper in India. Atleast, the issue came up for discussion.
Here it is.
--------
The United States today indicated that it was willing to consider setting up of a joint technical working group to address the issues coming in the way of finalising a totalisation agreement with India.
New Delhi, on its part, has made it clear that it is not agreeable to the US stance of linking the requirement for a social security net as a precursor to finalising the agreement. India also made clear that it was adopting a calibrated approach to further opening up of the retail and financial services sector.
Indians working in the US have to mandatorily contribute to social security benefits but are unable to repatriate the same when they leave the US, in the absence of a totalisation agreement between the two countries.
The issue was discussed at a meeting of US Under Secretary for International Trade Franklin Lavin and Commerce Secretary G K Pillai in the capital. Commerce ministry officials said the Indian side pointed out that New Delhi had signed totalisation agreements with countries like Belgium and France, which had not set any pre-conditions.
“It was pointed out that India, which is a developing country, effectively gives a grant of $500 million to the US in the absence of a totalisation agreement. The US has indicated that it will soon have a video conferencing on the matter with senior Indian officials,” an official said.
In response to the US demand for further opening up of the financial services sector, the commerce ministry pointed out that India was adopting a calibrated approach on the matter.
“It was pointed out that the Reserve Bank of India has finalised a road map for the gradual opening up of the sector by 2008,” an official said, adding that New Delhi raised the issue of absence of a level-playing field for financial institutions in the US.
“A foreign bank wanting to open more branches in India only needs to obtain the permission of the Reserve bank of India. However, an Indian bank wanting to open up branches in the US has to go through the American federal system and then a state regulatory system,” an official said.
Banks like State Bank of India and ICICI have long pending applications for opening more branches in the US.
India also raised the issue of extending protection to its traditional knowledge under the patent regime in the US.
Here it is.
--------
The United States today indicated that it was willing to consider setting up of a joint technical working group to address the issues coming in the way of finalising a totalisation agreement with India.
New Delhi, on its part, has made it clear that it is not agreeable to the US stance of linking the requirement for a social security net as a precursor to finalising the agreement. India also made clear that it was adopting a calibrated approach to further opening up of the retail and financial services sector.
Indians working in the US have to mandatorily contribute to social security benefits but are unable to repatriate the same when they leave the US, in the absence of a totalisation agreement between the two countries.
The issue was discussed at a meeting of US Under Secretary for International Trade Franklin Lavin and Commerce Secretary G K Pillai in the capital. Commerce ministry officials said the Indian side pointed out that New Delhi had signed totalisation agreements with countries like Belgium and France, which had not set any pre-conditions.
“It was pointed out that India, which is a developing country, effectively gives a grant of $500 million to the US in the absence of a totalisation agreement. The US has indicated that it will soon have a video conferencing on the matter with senior Indian officials,” an official said.
In response to the US demand for further opening up of the financial services sector, the commerce ministry pointed out that India was adopting a calibrated approach on the matter.
“It was pointed out that the Reserve Bank of India has finalised a road map for the gradual opening up of the sector by 2008,” an official said, adding that New Delhi raised the issue of absence of a level-playing field for financial institutions in the US.
“A foreign bank wanting to open more branches in India only needs to obtain the permission of the Reserve bank of India. However, an Indian bank wanting to open up branches in the US has to go through the American federal system and then a state regulatory system,” an official said.
Banks like State Bank of India and ICICI have long pending applications for opening more branches in the US.
India also raised the issue of extending protection to its traditional knowledge under the patent regime in the US.
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CADude
12-28 02:21 AM
PD: July 2001 RD: July 2007 ND: Oct 2007 NSC. Still waiting for USCIS decision.
more...
ganguteli
06-02 11:01 AM
Dude....we need more people like you.......See below....
OpenCongress is a free, open-source, non-profit, and non-partisan web resource with a mission to make Congress more transparent and to encourage civic engagement. OpenCongress is a joint project of the Sunlight Foundation and the Participatory Politics Foundation. To read more about our approach, our data sources, and how Congress works, see About OpenCongress.
BS
Does it say that by voting, your votes will be sent to congress?
Do you know how your registeration data will be used?
Do you know how their organization is funded ?
I really wonder why people are so crazy about voting there. Educated illiterates is the right word. You guys are just promoting a website and the money they will make from your participation.
I can also make a webite that asks you to vote to remove poverty in India and say its is a free, open-source, non-profit, and non-partisan web resource with a mission to make Indian government more transparent, responsible and to encourage civic engagement. Do you really think you will vote? or your votes will be seen by Manmohan singh?
OpenCongress is a free, open-source, non-profit, and non-partisan web resource with a mission to make Congress more transparent and to encourage civic engagement. OpenCongress is a joint project of the Sunlight Foundation and the Participatory Politics Foundation. To read more about our approach, our data sources, and how Congress works, see About OpenCongress.
BS
Does it say that by voting, your votes will be sent to congress?
Do you know how your registeration data will be used?
Do you know how their organization is funded ?
I really wonder why people are so crazy about voting there. Educated illiterates is the right word. You guys are just promoting a website and the money they will make from your participation.
I can also make a webite that asks you to vote to remove poverty in India and say its is a free, open-source, non-profit, and non-partisan web resource with a mission to make Indian government more transparent, responsible and to encourage civic engagement. Do you really think you will vote? or your votes will be seen by Manmohan singh?
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saimrathi
07-06 03:18 PM
Are you saying it will now be mentioned in tomorrow's (7/7/07) news telecast? That might be lucky for us then...
as per NBC our news podcast has been bumped to tommorow as they got breaking news tonight. cannot put affiliations under the name as it might be against their policy.
as per NBC our news podcast has been bumped to tommorow as they got breaking news tonight. cannot put affiliations under the name as it might be against their policy.
more...
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ramudu
10-29 10:26 AM
My EAD is now pending 96 days..no luck..not going anywhere with USCIS - they have stopped responding also.
All your posting makes sense but I suggest each of us write a letter to CISOmbudsman explaining your case so that it gets documented and they can put some pressure on USCIS on explaining as to why across the board they are dealyed i issuing EAD renewal. USCIS keeps claiming its only 1.3% of cases thats pending but why? What reason? We all understand they may be loaded but atleast if they cant handle the laod they should admit it and issue interim EAD. Just keping mum does not help. What i cant understand is if they can approve my AP on time whats the issue with EAD?
I have really started questioning myself as to why i am in this country. Its no more a land of oppurtunity..its really disccouraging for the young graduates who are heading to this country or graduating in US Universities.
All your posting makes sense but I suggest each of us write a letter to CISOmbudsman explaining your case so that it gets documented and they can put some pressure on USCIS on explaining as to why across the board they are dealyed i issuing EAD renewal. USCIS keeps claiming its only 1.3% of cases thats pending but why? What reason? We all understand they may be loaded but atleast if they cant handle the laod they should admit it and issue interim EAD. Just keping mum does not help. What i cant understand is if they can approve my AP on time whats the issue with EAD?
I have really started questioning myself as to why i am in this country. Its no more a land of oppurtunity..its really disccouraging for the young graduates who are heading to this country or graduating in US Universities.
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meridiani.planum
02-21 12:30 AM
Highly suspicious. I would call ICE and confirm. Also, I would ask this "officer" to visit at the workplace in presence of your lawyer. No one has any business visiting your residence for enforcement of a work-related visa. Be careful; consult with your attorney before entertaining any such request.
I second that. Why a visit at home? Workplace is the obvious place (actually calling YOU in the normal interview method). Call back and confirm... this could be a prank from some soon to be "ex" friend.
I second that. Why a visit at home? Workplace is the obvious place (actually calling YOU in the normal interview method). Call back and confirm... this could be a prank from some soon to be "ex" friend.
more...
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file485
01-08 03:09 PM
Hello all..
In what circumstances does the USCIS issue a H1B approval without the i194 reciept in the bottom..?
that will be a worse scenario if we have to leave the country and face that stupid Madras embassy(my worst nightmare..) for the H1 stamping...!!
I don't want to fall from the pan into the fire..!!
I think in these cases it will be an Change of Status situation..
pls post your comments...
In what circumstances does the USCIS issue a H1B approval without the i194 reciept in the bottom..?
that will be a worse scenario if we have to leave the country and face that stupid Madras embassy(my worst nightmare..) for the H1 stamping...!!
I don't want to fall from the pan into the fire..!!
I think in these cases it will be an Change of Status situation..
pls post your comments...
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software7
05-13 11:38 AM
Raj,
Every state has 2 senators. just google to find senators on your state
go to their websites and their contact details will be ther. You can email or call them.
Good Luck!!
Every state has 2 senators. just google to find senators on your state
go to their websites and their contact details will be ther. You can email or call them.
Good Luck!!
more...
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illusions
04-24 05:03 PM
dang....sandy_77... is this for real ? hearing your story i don't even wanna take a chance. Contact IV i'm sure they can help you. This totally doesn't make sense. I wish you luck... sooon! Please keep us posted on what's going on.
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sandy_anand
11-10 11:49 AM
I think I have joined IV in last 3 years or so...
Donated money once & have called congressmen & senators many times ...
Could someone please tell me -
What has been achieved by IV till date? I know we all meet elected reps, officials in washington dc ..... but I am interested in end result like not wasting visa numbers , implementing spillover & along these lines.
I have asked few friends to join IV but then if they ask me for IV accomplishments - i can't count any....
If IV has accomplished its objectives, then there is no need for any of us to join. But anyway, the following might be listed...hope this helps.
Immigration Voice Achievements
1. September 2009. Streamlining of Security Screening Process for Foreign Scientists: DHS reduced the wait times for Visa stamping in foreign consulates to 2 weeks. A successful campaign was run by IV members. http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/654080-iv-update-good-news-for-people-stuck-due-to-security-checks-while-waiting-for-visas.html
2. September, 2009. Successful completion of FOIA campaign: After filing hundreds of FOIA requests USCIS released the data of pending applications on their website. http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/630599-iv-update-on-visa-numbers-and-foia-data.html
3. 2008: Admin Fix campaign. 2 Year EAD announced by USCIS for all that have filed AOS.
4. 2008. Successful introduction of 3 bills in the House by Rep Zoe. Lofgren. This included elimination of per country limits Bill on which no other organization or business interest had ever advocated until that time. Immigration Voice successfully advocated these bills, brought in co-sponsors and received support from other interests for these bills.
H.R.5882
Title: To recapture employment-based immigrant visas lost to bureaucratic delays and to prevent losses of family- and employment-based immigrant visas in the future.
Sponsor: Rep Lofgren, Zoe [CA-16] (introduced 4/23/2008) Cosponsors (31)
H.R.5921
Title: To amend the Immigration and Nationality Act to eliminate the per country level for employment-based immigrants and to end the spill-over of unused immigrant visa numbers between employment-based and family-sponsored categories.
Sponsor: Rep Lofgren, Zoe [CA-16] (introduced 4/29/2008) Cosponsors (24)
H.R.6039
Title: To amend the Immigration and Nationality Act to authorize certain aliens who have earned a master's or higher degree from a United States institution of higher education in a field of science, technology, engineering, or mathematics to be admitted for permanent residence.
Sponsor: Rep Lofgren, Zoe [CA-16] (introduced 5/13/2008) Cosponsors (34)
5. September 18, 2007
1. DC Rally: Thousands of high-skilled immigrants march in the US Capital!
2. Lobby day: IV volunteers attend close to 125 meetings with lawmakers� offices to lobby for congressional intervention
3. Paid Advertisement in the Roll Call- the newspaper that covers the Capitol Hill
4. Media coverage: New York Times, Washington Post, Yahoo, BBC, OC Register, Business Week
5.
6. July 2007 Visa bulletin reversal
1. IV breaks the good news!
2. Flower campaign
i. USCIS takes note of the flower campaign
ii. Media coverage: Business Week, Reuters, Washington Post, New York Times, NPR, Others, Video coverage
3. San Jose Rally
i. Media coverage: Business Week
3. CIR 2006: Manager's amendment
1. IV lobbies to ensure that this amendment contains favorable provisions for high-skilled immigrants
2. The amendment was PASSED, although the bill itself did not survive
4. Access to lawmakers
1. IV is in close contact with Hon. Rep. Zoe Lofgren�s office on several issues related to Employment Based Immigration
2. IV closely worked with Hon. Rep. Zoe Lofgren who played an instrumental role in bringing about reversal of July Visa Bulletin
5. Contact with USCIS. IV was the first one to bring news of the July 2007 Visa Bulletin reversal
6. IV Spokesperson invited to conference at top US University
7. Only organization FOR high-skilled immigrants BY high skilled immigrants
1. Most visited site by high-skilled immigrants in the
2. Number of registered members has risen from 50 to 25000 in less than 2 years! The following are approximate figures:
i. 1/2006: 60
ii. 2/2006: 600
iii. 7/2006: 4500
iv. 1/2007: 7500
v. 7/2007: 15000
vi. 8/2007: 20000
vii. 11/2007: 25000
viii. 07/2008: 30000
IX. 09/2009: 36,810
Donated money once & have called congressmen & senators many times ...
Could someone please tell me -
What has been achieved by IV till date? I know we all meet elected reps, officials in washington dc ..... but I am interested in end result like not wasting visa numbers , implementing spillover & along these lines.
I have asked few friends to join IV but then if they ask me for IV accomplishments - i can't count any....
If IV has accomplished its objectives, then there is no need for any of us to join. But anyway, the following might be listed...hope this helps.
Immigration Voice Achievements
1. September 2009. Streamlining of Security Screening Process for Foreign Scientists: DHS reduced the wait times for Visa stamping in foreign consulates to 2 weeks. A successful campaign was run by IV members. http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/654080-iv-update-good-news-for-people-stuck-due-to-security-checks-while-waiting-for-visas.html
2. September, 2009. Successful completion of FOIA campaign: After filing hundreds of FOIA requests USCIS released the data of pending applications on their website. http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/630599-iv-update-on-visa-numbers-and-foia-data.html
3. 2008: Admin Fix campaign. 2 Year EAD announced by USCIS for all that have filed AOS.
4. 2008. Successful introduction of 3 bills in the House by Rep Zoe. Lofgren. This included elimination of per country limits Bill on which no other organization or business interest had ever advocated until that time. Immigration Voice successfully advocated these bills, brought in co-sponsors and received support from other interests for these bills.
H.R.5882
Title: To recapture employment-based immigrant visas lost to bureaucratic delays and to prevent losses of family- and employment-based immigrant visas in the future.
Sponsor: Rep Lofgren, Zoe [CA-16] (introduced 4/23/2008) Cosponsors (31)
H.R.5921
Title: To amend the Immigration and Nationality Act to eliminate the per country level for employment-based immigrants and to end the spill-over of unused immigrant visa numbers between employment-based and family-sponsored categories.
Sponsor: Rep Lofgren, Zoe [CA-16] (introduced 4/29/2008) Cosponsors (24)
H.R.6039
Title: To amend the Immigration and Nationality Act to authorize certain aliens who have earned a master's or higher degree from a United States institution of higher education in a field of science, technology, engineering, or mathematics to be admitted for permanent residence.
Sponsor: Rep Lofgren, Zoe [CA-16] (introduced 5/13/2008) Cosponsors (34)
5. September 18, 2007
1. DC Rally: Thousands of high-skilled immigrants march in the US Capital!
2. Lobby day: IV volunteers attend close to 125 meetings with lawmakers� offices to lobby for congressional intervention
3. Paid Advertisement in the Roll Call- the newspaper that covers the Capitol Hill
4. Media coverage: New York Times, Washington Post, Yahoo, BBC, OC Register, Business Week
5.
6. July 2007 Visa bulletin reversal
1. IV breaks the good news!
2. Flower campaign
i. USCIS takes note of the flower campaign
ii. Media coverage: Business Week, Reuters, Washington Post, New York Times, NPR, Others, Video coverage
3. San Jose Rally
i. Media coverage: Business Week
3. CIR 2006: Manager's amendment
1. IV lobbies to ensure that this amendment contains favorable provisions for high-skilled immigrants
2. The amendment was PASSED, although the bill itself did not survive
4. Access to lawmakers
1. IV is in close contact with Hon. Rep. Zoe Lofgren�s office on several issues related to Employment Based Immigration
2. IV closely worked with Hon. Rep. Zoe Lofgren who played an instrumental role in bringing about reversal of July Visa Bulletin
5. Contact with USCIS. IV was the first one to bring news of the July 2007 Visa Bulletin reversal
6. IV Spokesperson invited to conference at top US University
7. Only organization FOR high-skilled immigrants BY high skilled immigrants
1. Most visited site by high-skilled immigrants in the
2. Number of registered members has risen from 50 to 25000 in less than 2 years! The following are approximate figures:
i. 1/2006: 60
ii. 2/2006: 600
iii. 7/2006: 4500
iv. 1/2007: 7500
v. 7/2007: 15000
vi. 8/2007: 20000
vii. 11/2007: 25000
viii. 07/2008: 30000
IX. 09/2009: 36,810
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LegallyGC
08-09 10:46 AM
Guys,
There was a question and answer section on this site and i found this which might help us..
---------------------------------
12. Question(08/03/10): It has taken several years for me to receive the I-485 approval yesterday based on the employment-based petition filed by my employer. I have never changed employer. Neither have I invoked AC 21 change of employment. Since the 485 is approved, I am seeking new employment and started sending out employment applications to various employers. Is there any law that forces me to work for the green card sponsoring employer even after the green card is approved?
Answer: The green card employment is "permanent" employment. "Permanent" means the employment term is not temporary and must be for a period of "indefinite" duration. Inasmuch as there is no ending date, it can be considered a permanent terms of employment. The employer sponsed employment based immigration requires both the employer and employee to retain "intent" to offer such permanent employment and accept such permanent employment on or before the I-485 is approved. If the employer does not maintain such "intent" and file a labor certification and I-140 petition, It can be construed a fraud. If the employee does not have such "intent" and sign the labor certification application and and file I-485 application based on the employer-sponsored I-140 petition, it can also be considered a fraud. The issue is "intent" which is a mental state as judged from the actions of the employer or employee. AC-21 portability of approved I-140 petition changed the picture and both the employer and employee are freed from such obligation if two conditions are met. One is that until AC-21 is invoked, the employer and employee retain such intent. Practically, in the context of AC-21, such oblication is limited until the alien invokes the AC-21 change of employment after 180 days of filing of I-485 application in similar or same occupational classification. There is a grey area where the alien does not invoke AC-21 and change of employment. In such context, it may be assumed that both the employer and the employee retain such intent at the time I-485 is approved. In old days, the legacy INS was active in initiating a revocation of green card proceeding before the immigration courts to stip off the approved green card and launch a deportation proceeding based either on the ground that there was a fraud on the parties or the INS approved the I-485 application without the knowledge of such fact of ill-conceived intent of the parties. The theory of the law is that "had the agency known the true facts." the agency would not have approved the employment-based I-485 because the I-485 could have been ineligible without such intent. Intent is proven in most cases by the circumstantial evidence since no one can go into the state of mind of other person. The evidence they used to use was the evidence of search of another employment immediately before or after I-485 was approved. For the reasons, even though there is no fixed period of time for a new green card holder to work for the sponsoring employer, legal counsels advised the employees not to send out employment application in writing to other employers immediately prior to the approval of I-485 application or at least for certain period of time like two months not to change employment, because such behavior can be construed as relection of the true state of mind and intent of the employee not to work for the sponsoring employer before or on the date of approval of I-485 application owing to short period of time that lapsed when they changed employment. This problem used to pop up during the naturalization proceeding when the agency learned that the alien changed employment immediately before or after the green card is granted. The foregoing inent issue can be overridden when the alien left the job because of employer's decision to terminate the employment or because of change of circumstances which are beyond the control of the parties such as slow-down of business and layoffs. Again AC-21 affected this issue, and it appears that the agency may no longer actively look for this issue. But theoretically, the issue still exists and a law is a law. Accordingly, there is always a potential risk of this issue popping up after green card is approved, especially when there is a grudged sponsoring employer who obtained and possessed such adverse evidence and contact the agency to revoke the green card. Just beware.
------------------------
Hope this helps.
Pappu, there is nothing wrong in seeking exact clarification though from USCIS because things are not really clear on this regard and its better to get clear cut answer to the immigrant community..
There was a question and answer section on this site and i found this which might help us..
---------------------------------
12. Question(08/03/10): It has taken several years for me to receive the I-485 approval yesterday based on the employment-based petition filed by my employer. I have never changed employer. Neither have I invoked AC 21 change of employment. Since the 485 is approved, I am seeking new employment and started sending out employment applications to various employers. Is there any law that forces me to work for the green card sponsoring employer even after the green card is approved?
Answer: The green card employment is "permanent" employment. "Permanent" means the employment term is not temporary and must be for a period of "indefinite" duration. Inasmuch as there is no ending date, it can be considered a permanent terms of employment. The employer sponsed employment based immigration requires both the employer and employee to retain "intent" to offer such permanent employment and accept such permanent employment on or before the I-485 is approved. If the employer does not maintain such "intent" and file a labor certification and I-140 petition, It can be construed a fraud. If the employee does not have such "intent" and sign the labor certification application and and file I-485 application based on the employer-sponsored I-140 petition, it can also be considered a fraud. The issue is "intent" which is a mental state as judged from the actions of the employer or employee. AC-21 portability of approved I-140 petition changed the picture and both the employer and employee are freed from such obligation if two conditions are met. One is that until AC-21 is invoked, the employer and employee retain such intent. Practically, in the context of AC-21, such oblication is limited until the alien invokes the AC-21 change of employment after 180 days of filing of I-485 application in similar or same occupational classification. There is a grey area where the alien does not invoke AC-21 and change of employment. In such context, it may be assumed that both the employer and the employee retain such intent at the time I-485 is approved. In old days, the legacy INS was active in initiating a revocation of green card proceeding before the immigration courts to stip off the approved green card and launch a deportation proceeding based either on the ground that there was a fraud on the parties or the INS approved the I-485 application without the knowledge of such fact of ill-conceived intent of the parties. The theory of the law is that "had the agency known the true facts." the agency would not have approved the employment-based I-485 because the I-485 could have been ineligible without such intent. Intent is proven in most cases by the circumstantial evidence since no one can go into the state of mind of other person. The evidence they used to use was the evidence of search of another employment immediately before or after I-485 was approved. For the reasons, even though there is no fixed period of time for a new green card holder to work for the sponsoring employer, legal counsels advised the employees not to send out employment application in writing to other employers immediately prior to the approval of I-485 application or at least for certain period of time like two months not to change employment, because such behavior can be construed as relection of the true state of mind and intent of the employee not to work for the sponsoring employer before or on the date of approval of I-485 application owing to short period of time that lapsed when they changed employment. This problem used to pop up during the naturalization proceeding when the agency learned that the alien changed employment immediately before or after the green card is granted. The foregoing inent issue can be overridden when the alien left the job because of employer's decision to terminate the employment or because of change of circumstances which are beyond the control of the parties such as slow-down of business and layoffs. Again AC-21 affected this issue, and it appears that the agency may no longer actively look for this issue. But theoretically, the issue still exists and a law is a law. Accordingly, there is always a potential risk of this issue popping up after green card is approved, especially when there is a grudged sponsoring employer who obtained and possessed such adverse evidence and contact the agency to revoke the green card. Just beware.
------------------------
Hope this helps.
Pappu, there is nothing wrong in seeking exact clarification though from USCIS because things are not really clear on this regard and its better to get clear cut answer to the immigrant community..
LostInGCProcess
10-26 08:51 PM
My online status shows
On September 26, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or contact our customer service center at 1-800-375-5283.
Is it just out of curiosity you inquired about your pending 485?
Do you have a good relationship with your former employer? If so, you can ask them and verify if they withdrew your I-140...in any case that should not matter as long as you have passed the 6 months period after applying I-485.
On September 26, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or contact our customer service center at 1-800-375-5283.
Is it just out of curiosity you inquired about your pending 485?
Do you have a good relationship with your former employer? If so, you can ask them and verify if they withdrew your I-140...in any case that should not matter as long as you have passed the 6 months period after applying I-485.
BharatPremi
11-07 10:02 AM
Surprisingly today I got second LUD on AP. Content is changed as under.
Receipt Number: LIN****
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Document mailed to applicant.
On November 7, 2007 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service
Receipt Number: LIN****
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Document mailed to applicant.
On November 7, 2007 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service
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