Go for the passport staming to local USCIS office and get the passport stamped for 1 year....and you could use the passport stamp as proof of GC....and not worry for 1 year....It might be safer, if you at least have the 485 approval notice in hand....
1) U can work for your employer whenever you want.......
Legally, filing GC for future employment means that you plan to join employer B upon approval of GC.........
2) No need to inform CIS
The scenario - pointed out by the law firm - is interesting. The reasoning is fairly simple....Why did the employer file labor substitution based on copy of substitute labor (and not original labor)??
Firstly, USCIS does not encourage such behaviour - unless it's a classic case of lost...
You could try the POJ trick to rech the TSC reps directly.....instead of the dumb National Customer Service Reps...
(for TSC customers Only: Call directly using POJ technique:
Dial National customer service number:
1-800-375-5283---select 1—select 2—select 2—select 6—select 1—enter your SRC...
Looks like only two guys had this scenario....it might be safe to assume that .....it's probably just error on the part of TSC phone reps......I would think, that these 485's should get approved....
But, if lot of folks start reporting such stuff.....USCIS/applicants may be heading into some...
Yep, you sure could do that - if you want....EB2 can only be better than EB3.....these days...
There are really no drawbacks....except for the cost of filing, which hopefully will be borne by your employer, I pressume! So, really no drawbacks - as well!
I would say - have some kind of proof of I-140 to be on safer side....It's always good to have the receipt number for sure....
Without the receipt number of I-140 - you may be in torubled waters - ON WHAT BASIS, DID YOU FILE YOUR I-485??
AND, IF YOU DO NOT HAVE THE I-140 Receipt Number...
Nunc pro Tunc will surely work...for H4 dependents...if one is lucky enough!
http://www.murthy.com/news/n_nunpro.html
The term nunc pro tunc, when translated literally from the Latin, means "now for then." In the world of immigration, it refers to a case approval bearing an effective date...
Dudes - are you guys DUMB???
The No. 1 reason for i-485 denial is being out of status....for more than 6 months (245K provision)....
When you file I-485 - you are requesting USCIS to look at your history and clear the background check/security checks and give the Green Card....hence you...
PINOYinLA - Your cousin's 485 might get denied....
One of the most commons reasons for 485 denial is - more than 6 months of out-of-status stay in USA....the 6 months provision is offered by 245(k) law and is counted from the last point of entry into USA, before filing I-485...
remember - you only need to file MOTR if you missed the 30 day window...
Within the 30 days - you can just respond back to the notice , like any other RFE .....and have no out-of-status or gap issues!
Q # 1) It might be a little fuzzy. It might be safer to assume the first date....i.e. the Notice Date on the notice sent to you......So, if USCIS issued you a notice on Oct 4th...and your lawyer (or you, not sure!) received the notice on Oct 10th.....so you might have to file the response by Nov...
Check out the forum for I-485 portability (AC21).....
http://boards.immigrationportal.com/forumdisplay.php?f=121
there have been tons of people on this forum with I-485 denials....due to change in employer....and later re-instated
Check out these users, eb2_gc_seeker , Positive4GC for...
Go for Infopass and get your Passport stamped - as you are a GC holder...you will get 1 year temporary stamp....and forget about worrying about waiting for the card....Hee Hee...
It can take it's own sweet time to come in the next 1 year
Why don't you hire the same attorney - but get to know the case first, to see if it perfectly fits the bill?
U seem to be on the money here, for sure!
http://www.sandiego.courts.ca.gov/CISPublic/casedetail?casenum=GIC742835&casesite=SD&applcode=C
You may be able to find the entire case...
The most critical RFE in GC process is the RFE's on I-140....Without I-140 approval, the whole process of GC can be harmed...
I would say, better stick with your current employer and get this I-140 resolved and wait for the 180 day clock (from 485 Receipt Date) to finish....
Your employer...
If USCIS really wanted to know about change of employer - USCIS would have introduced a Form 111 where in 485 applicants could inform USCIS appropriately....They never did that....
Hence, they never expect change of employer information to be communicated to them!
Ginnu, I disagree...
I agree with RealCandadian - in this context (after GC is approved), it would be better not to inform USCIS about AC21/Change of employer....
As per the law under AC21 (Yates Memos) - the memos clearly say that USCIS need not be informed! It's purely optional...
Firstly, most employers will not give the copy of I-140 approval notice to employee....
So, most likely, your employer and your lawyer are lying to you to avoid giving you a copy of it.
If your I-140 was recently approved and the employer did not receive the copy still - he can talk to the...
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