my scenario... please reply

qwertyisback said:
You are just making wishful thinking which suits your own situation. I have no problem about it. But if you follow books and (what if) CIS also follows it, then you are more vulnerable as you have never worked after 485 filed/approved.
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Considering that William Yates happens to share my "wishful thinking" by explicitly stating that my scenario is eligible for AC21, I doubt I am more vulnerable.

So tell me again, qwerty, what branch of USCIS do you work for? :D
 
TheRealCanadian said:
So tell me again, qwerty, what branch of USCIS do you work for? :D
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I will tell you that after you publish "mother of all documents" to prove intent of your case. :D :D Also I will ask moderator/ super moderator to make it super sticky and should be referred by anyone who wants to prove intent.
 
TheRealCanadian said:
AC21 allows one to change his or her intent, if the I-485 has been pending more than 180 days.
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You cannot use AC21 now, becuase your I485 is approved.

So, when will you join with sponsored employer?

(AFTER I485 APPROVAL..WHAT YOU DO ONLY MATTERS)
 
chinabee said:
Where did you get this idea from?
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The I-485 is not petitioned for by the employer; it is petitioned for by the alien beneficiary. By filing an I-485 based upon an approved employment-based immigrant visa petition, you indicate that you wish to become a permanent resident in order to work for the sponsoring employer. Same thing when you fill out the DS-230 for CP.
 
In your signature, you never mentioned AC21 was used.

If you have used AC21, you need not work with the sponsored employer. :D

But, you have to work for (atleast 6 months) the company through whom you used AC21. :eek:
 
TheRealCanadian said:
The I-485 is not petitioned for by the employer; it is petitioned for by the alien beneficiary.
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So you want to say that employer has no obligation but still has to submit loads of docs like ability to pay/support/intent to employ etc. So any crap done by employer, no problems whatsoever,... but if you think about leaving after 5 months of GC , NO , NO, BIG problem. Such a nice feeling for guys whose sponser gone out of business, laid off, fired, OR never WORKED with sponser.....etc. God bless such people with more wishful thinking.
:D :D

I wish , I fire some my team member and I hire you in USCIS!!!!. :D :D . If nothing else, I could entertain immigrant community atleast. :D :D
 
qwertyisback said:
So you want to say that employer has no obligation
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I have said nothing of the sort.

I have merely pointed out that the I-485 is an employee petition. The employer needs to provide supporting evidence, but this is no different than the alien beneficiary needing to provide evidence of experience and education at the I-140 stage, which is very much an employer petition.

So any crap done by employer, no problems whatsoever,...
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I've never said this either.

but if you think about leaving after 5 months of GC , NO , NO, BIG problem.
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I've never advocated any specific time limit, only that a decent interval should occur and that should USCIS attempt to claim that Seihoon v. Levy is appliclable, they'd probably succeed.

I wish , I fire some my team member and I hire you in USCIS!!!!
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You must have me confused with one of your hallucinations, since you keep claiming things that I have never said. :D
 
Basic ideas and common senses must be supported by regulations, laws and court cases, otherwise they can only be called "speculation" or "wild guess."



pralay said:
From some basic idea about US immigration system and common sense.
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TheRealCanadian said:
I have merely pointed out that the I-485 is an employee petition. The employer needs to provide supporting evidence, but this is no different than the alien beneficiary needing to provide evidence of experience and education at the I-140 stage, which is very much an employer petition.

I have said nothing of the sort.

I've never said this either.
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Then why don't you say something rather than just implying things which suits you??? :D :D .

You still not giving out your "mother of document" which proves intent for your case(or thats what you want to beleive..... :D)
I am no kidding here, it will helpful for thousands of members who asks same q/s again and again on this forum.(Add your disclaimer if you wish, but publish it)

If not working with sponser anytime while/after 485 applied/approved, can prove intent, then members who worked with sponser and left after GC(ANYTIME) should able to prove it with blink of eye.
 
oh God, have I opened up a can of worms or what!

I did not use AC21. My lawyer said I woudn't have to inform INS about change of job after long 3 years of applying for I485 from the previous company. In case there is an RFI or something like that, then the lawyer will respond. My I-485 was approved after working with company B for 1 year on EAD. I have gone trhu 4 EADS in total before my I-485 is approved! My Green card was approved without any interviews or anything but took almost 4 years ( I was one of the unlucky 2001 filers)

I do not see myself going back to company A which is almost like 'bellied-up' already. It sounds ridiculous to me after I showed intention to work for them by staying with them for 3 years (more than 1000 days) AFTER the I-485 was applied for me where as the portability act permitted me to leave after 180 days.

I find it hardly to believe that thousands or Green card applicants quit their current jobs and rushed to join their sponsoring company after their Green card was approved.

It doesn't make any sense to me. That's just my logical explanation. Now the weird immigration law can say something different I don't know and u know what? I don't care anymore. I wasted 5 years of my precious life doing slavery for company A and being treated like a DOG, just for the green card, there is no way I'm going back to that hell hole again. Not even at the risk of my citizenship thing being rejected after 5 years. I simply do not care anymore. Hey, I can just remain with my green card too forever if I need to. BUt I am definitely not going thru anything else for that after what I have gone thru for the past several years. I simply refuse to.
 
hmcis said:
I did not use AC21. My lawyer said I woudn't have to inform INS about change of job after long 3 years of applying for I485 from the previous company.
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But you did invoke AC21 to change jobs! There's nothing in statute, regulation or memorandum that requires you to inform INS or USCIS of your job change. You're in full compliance.

Enjoy yourself, and leave the worms for us. :)
 
Just wait 6 years instead of 5 before apply for citizenship. On the application form, it only requires you to list previous 5 years, not 6.
 
With no disrespect if you see the kind of jokers who get US citizenship on various grounds and categories, you might realize that the INS, BCIS or whatever is going to make the least fuss when it is granting citizenship to highly qualified professionals all of whom who have got educated at some other country's cost. And that too for a piddly thing like one month, two month. I am sure that if one hides a criminal record or something of that sort it would cause an issue. Not for something as ridiculous as this.

Yeppo
 
chinabee said:
Basic ideas and common senses must be supported by regulations, laws and court cases, otherwise they can only be called "speculation" or "wild guess."
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Well, don't tell me you don't know anything about green card process - LC, I-140 and I-485. As I mentioned, "basic idea" is derived from the knowledge of this process - not other way around. I did not have "wild guess" and then try to fit the knowledge of GC process into that "wild guess". There are ample information in internet regarding GC process. I would advise you to go thru them and let me know if your conclusion is something different. Then we can discuss or make arguments. Otherwise, posting messages just for the sake of argument is waste of time.
 
hmcis said:
oh God, have I opened up a can of worms or what!

I did not use AC21. My lawyer said I woudn't have to inform INS about change of job after long 3 years of applying for I485 from the previous company. In case there is an RFI or something like that, then the lawyer will respond. My I-485 was approved after working with company B for 1 year on EAD. I have gone trhu 4 EADS in total before my I-485 is approved! My Green card was approved without any interviews or anything but took almost 4 years ( I was one of the unlucky 2001 filers)

I do not see myself going back to company A which is almost like 'bellied-up' already. It sounds ridiculous to me after I showed intention to work for them by staying with them for 3 years (more than 1000 days) AFTER the I-485 was applied for me where as the portability act permitted me to leave after 180 days.

I find it hardly to believe that thousands or Green card applicants quit their current jobs and rushed to join their sponsoring company after their Green card was approved.

It doesn't make any sense to me. That's just my logical explanation. Now the weird immigration law can say something different I don't know and u know what? I don't care anymore. I wasted 5 years of my precious life doing slavery for company A and being treated like a DOG, just for the green card, there is no way I'm going back to that hell hole again. Not even at the risk of my citizenship thing being rejected after 5 years. I simply do not care anymore. Hey, I can just remain with my green card too forever if I need to. BUt I am definitely not going thru anything else for that after what I have gone thru for the past several years. I simply refuse to.
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You are Good dude, No problems. If you read this thread, you will see more bizzare case and claims having no problems (without posting any more information after that :D :D ). If somebody wants to live in La La land and dish out all kind of advices (most of time logical though :) ), no problems.

It would be nicer for this forum community if people discuss their REAL case alongwith just speculating , analyzing CIS rules/laws and bunch of "useless "what ifs". That will be real help to members rather than saying things which commonly available/posted on forums zillion times. :D :D But hey, its public forum, blah blah...... :D :D
 
Well, bring up the laws and cases then.

pralay said:
Well, don't tell me you don't know anything about green card process - LC, I-140 and I-485. As I mentioned, "basic idea" is derived from the knowledge of this process - not other way around. I did not have "wild guess" and then try to fit the knowledge of GC process into that "wild guess". There are ample information in internet regarding GC process. I would advise you to go thru them and let me know if your conclusion is something different. Then we can discuss or make arguments. Otherwise, posting messages just for the sake of argument is waste of time.
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chinabee said:
Well, bring up the laws and cases then.
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As mentioned earlier and mentioning again (and hopefully last time), just read GC process guideline. That explains legal way to get GC process and that's the law.
 
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