senk1s
06-04 01:35 AM
I read a post (sorry dont have the link) that they had juxtaposed first and last names while filling the app - called uscis and got it corrected.
You should call in with the receipt number reference and request to get it fixed
You should call in with the receipt number reference and request to get it fixed
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EkAurAaya
11-30 09:13 PM
Thank you guys for the good wishes :)
Here is what we learned from my case, please feel wordsmith it and put it on wiki -
Some History:
My PD - Feb 2003 EB3 (140 was marked for CP)
May 2007: EB3 dates move to May 2003 - my lawyer prepared for June 1st filing of 485
June 2007: My wife's PD of April 2004 EB2 (140 was marked for AOS) becomes current - her lawyer starts preparing to file for 485.
We discussed the situation with our lawyers (but we were sure we would go with what my lawyer advices, she always gave good advice - both the law firms are very reputed and well known)
My Lawyers advice: Do not file both 485's at the same time, if the files get assigned with different alien #'s it will be very difficult to get the cases merged. Files could land up in two different physical locations etc... basically huge possibility of delays
Her Lawyers advice: We have not come across such situation, we think we should file anyways.
Our decision: File my set of 485 as we could do that on 1st June itself and apply for EAD for some relief! and not wait for July 1st (at that time we thought with was the best - better file what's current)
Interim efforts: Again discussed the situation with my lawyer as things were not moving, we discussed possibility of changing my wife's AOS application to CP - since dates became unavailable, we though we could probably capitalize on switching to CP with the hope that the files will get transferred to India, and as soon as visa #s are available we will get assigned one and called for the interview.
So we filed i824 - change request on exiting application, the request was pending all this while, we made several service requests in between. Basically it was a wasted effort, seems like USCIS officers didn't know what to do with the request.
Sept 2009: My wife's PD became current, we again prepared for filing 485 (took medical again etc).
Checked with my lawyer what needs to be done... her advice (this time both lawyers had the same advice), file 485 MAKE SURE they use the same Alien # that we got from my application.
Files on Sept 1st > Finger Printing 1st week Oct > my set of 485 files moved from Nebraska to Texas early November > 2nd set of 485's approved late November > 1st set of 485's denied based on 2nd set approval
Hope this helps!
Here is what we learned from my case, please feel wordsmith it and put it on wiki -
Some History:
My PD - Feb 2003 EB3 (140 was marked for CP)
May 2007: EB3 dates move to May 2003 - my lawyer prepared for June 1st filing of 485
June 2007: My wife's PD of April 2004 EB2 (140 was marked for AOS) becomes current - her lawyer starts preparing to file for 485.
We discussed the situation with our lawyers (but we were sure we would go with what my lawyer advices, she always gave good advice - both the law firms are very reputed and well known)
My Lawyers advice: Do not file both 485's at the same time, if the files get assigned with different alien #'s it will be very difficult to get the cases merged. Files could land up in two different physical locations etc... basically huge possibility of delays
Her Lawyers advice: We have not come across such situation, we think we should file anyways.
Our decision: File my set of 485 as we could do that on 1st June itself and apply for EAD for some relief! and not wait for July 1st (at that time we thought with was the best - better file what's current)
Interim efforts: Again discussed the situation with my lawyer as things were not moving, we discussed possibility of changing my wife's AOS application to CP - since dates became unavailable, we though we could probably capitalize on switching to CP with the hope that the files will get transferred to India, and as soon as visa #s are available we will get assigned one and called for the interview.
So we filed i824 - change request on exiting application, the request was pending all this while, we made several service requests in between. Basically it was a wasted effort, seems like USCIS officers didn't know what to do with the request.
Sept 2009: My wife's PD became current, we again prepared for filing 485 (took medical again etc).
Checked with my lawyer what needs to be done... her advice (this time both lawyers had the same advice), file 485 MAKE SURE they use the same Alien # that we got from my application.
Files on Sept 1st > Finger Printing 1st week Oct > my set of 485 files moved from Nebraska to Texas early November > 2nd set of 485's approved late November > 1st set of 485's denied based on 2nd set approval
Hope this helps!
Refugee_New
10-02 01:34 PM
Do any of you have any information on Foreign currency CD. I am thinking of opening CD account with Foreign currency possibly with Indian rupee.
Rupee is 47.50 today and i think its the best time to buy rupees rather keeping ur money in dollar.
Please throw some input.
Thanks
Rupee is 47.50 today and i think its the best time to buy rupees rather keeping ur money in dollar.
Please throw some input.
Thanks
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brb2
10-06 03:32 PM
Tell him you are travelling to Canada (or Timbuktoo) for the holiday period, and you need to have this document with you so you don't have problems on the way back in:)
more...
reachag
04-04 08:38 AM
Just ignore them...If you guys remember we had the same problem with techworkers yahoo group. At a critical time some guys tried to side track and demoralize us. May be they have other interests in their mind :(
cdeneo
11-19 06:37 PM
Thanks so much for sharing this information - it is frustrating that one's career advancement can impact negatively one's GC application, especially if one has been waiting for 5+ years. I guess one can only carry on with one's career and hope for the best :).
As per the current guidelines adjudicating officer makes the determination based on Department of Labor SOC/O*net code in the Labror Certification Application (ETA 9098) form. ( It's very critical to have a copy of LC application, before considering AC21. If you don't have it through employer, you can get a copy from DOL through FOIA request )
DOLs SOC/O*Net gives the job description for the Job code as well as "same or similar" jobs (if you search on your SOC/O*net code)
http://www.onetcodeconnector.org/
Here's an example - http://www.onetcodeconnector.org/ccreport/15-1031.00
This is the website IOs are supposed to be using (as per guidelines). Becoming a Sr. Software Engineer from Software Engineer shouldn't be an issue. Salary hike beyond 50% could (or could not) be a problem based on the IOs sole discretion. 50% is just a ball-park assumed by most immigration attorneys. In reality, there is no such preset limit. It's entirely upto the IOs decision.
Promotion as manager is a tricky situation, as Job description changes. IO may consider it 'same or similar', or consider it altogether different. In such cases it may be possible to prove the jobs are similar by obtaining an 'Expert Opinion Letter' from an expert in the field ( such as a Professor of Computer Science from a University).
As per the current guidelines adjudicating officer makes the determination based on Department of Labor SOC/O*net code in the Labror Certification Application (ETA 9098) form. ( It's very critical to have a copy of LC application, before considering AC21. If you don't have it through employer, you can get a copy from DOL through FOIA request )
DOLs SOC/O*Net gives the job description for the Job code as well as "same or similar" jobs (if you search on your SOC/O*net code)
http://www.onetcodeconnector.org/
Here's an example - http://www.onetcodeconnector.org/ccreport/15-1031.00
This is the website IOs are supposed to be using (as per guidelines). Becoming a Sr. Software Engineer from Software Engineer shouldn't be an issue. Salary hike beyond 50% could (or could not) be a problem based on the IOs sole discretion. 50% is just a ball-park assumed by most immigration attorneys. In reality, there is no such preset limit. It's entirely upto the IOs decision.
Promotion as manager is a tricky situation, as Job description changes. IO may consider it 'same or similar', or consider it altogether different. In such cases it may be possible to prove the jobs are similar by obtaining an 'Expert Opinion Letter' from an expert in the field ( such as a Professor of Computer Science from a University).
more...
shaq
02-14 11:33 AM
Thanks everyone for the replies, I have paystubs, I will report it to IRS, they said they showed it as company profits which will be 20% tax itseems. and now they want to send me the deducted taxes and 1099 to correct the issue.
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talash
05-08 12:45 PM
I didnt get notice yet .I read on these posts that we have only 30 days to file MTR.What if i dont get notice till that time .Is it appropraiate that my employer of his attorney contact CIS and let them know that we didnt recieve denail yet and that way have a proof and buy some time .
more...
ArkBird
10-14 09:34 PM
Knock yourself out... After all happiness is not the only thing in life and what beats the double whammy of getting married and getting back on H1
God bless you my friend...
So I am in some real mess ....
I married to a gal in 2007 during my visit to my home country but it did not work out b/w her and me due to some family reasons. (Not divorced just separated)
I came back to US in 2008 and applied for 485. My green card got approved and now my wife is in my home country and I am in US.
Now my wife and I have reconciled and I want to bring her to US.
Can I apply for her Green card and bring back to US ASAP w/o waiting for 5 years as I married before approval of my GC. I can get papers from my home country showing that I got married way before my GC approval.
I did not show at any stage in GC application that I was ever married. I thought the marriage is gone so why show it and now it could hurt me. I even dont remember if there was any question regarding marital status on 485 application.
Please help me other wise I would just have to cancel my GC and go back to H1 to bring my wife here. I cant leave her any more with our stupid relatives who might again break our marriage.
Please help , I am very desperate.
So I am in some real mess ....
I married to a gal in 2007 during my visit to my home country but it did not work out b/w her and me due to some family reasons. (Not divorced just separated)
I came back to US in 2008 and applied for 485. My green card got approved and now my wife is in my home country and I am in US.
Now my wife and I have reconciled and I want to bring her to US.
Can I apply for her Green card and bring back to US ASAP w/o waiting for 5 years as I married before approval of my GC. I can get papers from my home country showing that I got married way before my GC approval.
I did not show at any stage in GC application that I was ever married. I thought the marriage is gone so why show it and now it could hurt me. I even dont remember if there was any question regarding marital status on 485 application.
Please help me other wise I would just have to cancel my GC and go back to H1 to bring my wife here. I cant leave her any more with our stupid relatives who might again break our marriage.
Please help , I am very desperate.
So I am in some real mess ....
I married to a gal in 2007 during my visit to my home country but it did not work out b/w her and me due to some family reasons. (Not divorced just separated)
I came back to US in 2008 and applied for 485. My green card got approved and now my wife is in my home country and I am in US.
Now my wife and I have reconciled and I want to bring her to US.
Can I apply for her Green card and bring back to US ASAP w/o waiting for 5 years as I married before approval of my GC. I can get papers from my home country showing that I got married way before my GC approval.
I did not show at any stage in GC application that I was ever married. I thought the marriage is gone so why show it and now it could hurt me. I even dont remember if there was any question regarding marital status on 485 application.
Please help me other wise I would just have to cancel my GC and go back to H1 to bring my wife here. I cant leave her any more with our stupid relatives who might again break our marriage.
Please help , I am very desperate.
God bless you my friend...
So I am in some real mess ....
I married to a gal in 2007 during my visit to my home country but it did not work out b/w her and me due to some family reasons. (Not divorced just separated)
I came back to US in 2008 and applied for 485. My green card got approved and now my wife is in my home country and I am in US.
Now my wife and I have reconciled and I want to bring her to US.
Can I apply for her Green card and bring back to US ASAP w/o waiting for 5 years as I married before approval of my GC. I can get papers from my home country showing that I got married way before my GC approval.
I did not show at any stage in GC application that I was ever married. I thought the marriage is gone so why show it and now it could hurt me. I even dont remember if there was any question regarding marital status on 485 application.
Please help me other wise I would just have to cancel my GC and go back to H1 to bring my wife here. I cant leave her any more with our stupid relatives who might again break our marriage.
Please help , I am very desperate.
So I am in some real mess ....
I married to a gal in 2007 during my visit to my home country but it did not work out b/w her and me due to some family reasons. (Not divorced just separated)
I came back to US in 2008 and applied for 485. My green card got approved and now my wife is in my home country and I am in US.
Now my wife and I have reconciled and I want to bring her to US.
Can I apply for her Green card and bring back to US ASAP w/o waiting for 5 years as I married before approval of my GC. I can get papers from my home country showing that I got married way before my GC approval.
I did not show at any stage in GC application that I was ever married. I thought the marriage is gone so why show it and now it could hurt me. I even dont remember if there was any question regarding marital status on 485 application.
Please help me other wise I would just have to cancel my GC and go back to H1 to bring my wife here. I cant leave her any more with our stupid relatives who might again break our marriage.
Please help , I am very desperate.
So I am in some real mess ....
I married to a gal in 2007 during my visit to my home country but it did not work out b/w her and me due to some family reasons. (Not divorced just separated)
I came back to US in 2008 and applied for 485. My green card got approved and now my wife is in my home country and I am in US.
Now my wife and I have reconciled and I want to bring her to US.
Can I apply for her Green card and bring back to US ASAP w/o waiting for 5 years as I married before approval of my GC. I can get papers from my home country showing that I got married way before my GC approval.
I did not show at any stage in GC application that I was ever married. I thought the marriage is gone so why show it and now it could hurt me. I even dont remember if there was any question regarding marital status on 485 application.
Please help me other wise I would just have to cancel my GC and go back to H1 to bring my wife here. I cant leave her any more with our stupid relatives who might again break our marriage.
Please help , I am very desperate.
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GCBy3000
01-04 11:01 AM
I checked with my company attorney, he says as below:
140 approved, 485 pending for more than 180 days and if they stay with the same employer, they could get promoted. The job description may be the real driver here. It changes only 20% and they keep all the originial provisions. The 20% extra is addition to their existing role, but the job title changes to lead role.
If your 485 is filed and you have spent 180 days after that, then the AC21 portability allows you to change employers and change job locations but not the job description.
Even after 180 days on 485 stage, you can use EAD to change employers as many times as you want and get jobs in different cities/states but the job description should be the same -- which means that you cannot except promotions because promotions do change job descriptions.
I am pretty sure about this part and I have verified this part of AC21 portability with a lawyer before.(make that a very reputed and smart lawyer)
You may want to check this part before accepting that promotion.
For the derivative beneficiary, like the spouse who gets EAD because of primary applicant of 485, there are no restrictions though.
140 approved, 485 pending for more than 180 days and if they stay with the same employer, they could get promoted. The job description may be the real driver here. It changes only 20% and they keep all the originial provisions. The 20% extra is addition to their existing role, but the job title changes to lead role.
If your 485 is filed and you have spent 180 days after that, then the AC21 portability allows you to change employers and change job locations but not the job description.
Even after 180 days on 485 stage, you can use EAD to change employers as many times as you want and get jobs in different cities/states but the job description should be the same -- which means that you cannot except promotions because promotions do change job descriptions.
I am pretty sure about this part and I have verified this part of AC21 portability with a lawyer before.(make that a very reputed and smart lawyer)
You may want to check this part before accepting that promotion.
For the derivative beneficiary, like the spouse who gets EAD because of primary applicant of 485, there are no restrictions though.
more...
man-woman-and-gc
03-03 02:11 PM
i think "same or similar" job is common sense thing to keep in mind. You dont want to specialize in software architecture the switch to building construction architecture ;) also remember that if you need an attorney to defend you, it will cost you more in money and peace of mind. So it is better to stick with what you know, if you know what i mean.
In answer to your question, no - you do not need any supporting documents from your new employer except in the case of filing an ac-21 letter which must come from your new employer.
So you can apply to any jobs that say employers cannot sponsor visa or gc because you are not technically seeking their direct support for your pending i-485 adjustment. If they ask for proof of employability, present your ead (formally called form i-766) and you should be good to go. Ead form i-766 is listed as a list a document on form i-9. See item #4 on page 4 of this document:
http://www.uscis.gov/files/form/i-9.pdf
list a means you need only present this document for employment verification. You don't even need to show any other document such as passport, driver's license, old h1-b, etc.
a.w.e.s.o.m.e.
In answer to your question, no - you do not need any supporting documents from your new employer except in the case of filing an ac-21 letter which must come from your new employer.
So you can apply to any jobs that say employers cannot sponsor visa or gc because you are not technically seeking their direct support for your pending i-485 adjustment. If they ask for proof of employability, present your ead (formally called form i-766) and you should be good to go. Ead form i-766 is listed as a list a document on form i-9. See item #4 on page 4 of this document:
http://www.uscis.gov/files/form/i-9.pdf
list a means you need only present this document for employment verification. You don't even need to show any other document such as passport, driver's license, old h1-b, etc.
a.w.e.s.o.m.e.
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anurakt
10-03 04:48 PM
Let's send this to MENSA people to get it straight...... My head is spinning...:D No Offense, just take it easy.
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fromnaija
05-06 07:04 PM
I was wondering how L1 can be allowed instate tuition while H1-B's have to pay out of state according to the Arizona list. What exactly is the fundamental difference between the 2 which results in L1's fulfilling the requirements?
GCard Dream - You should ask the question - what part of the statute does L1 fulfil that H1B does not -
I'm sure you can give these guy's a run for their money. One thing - if you pursue it long and hard enough I think there is a chance that you can get instate tuition. The only area I was concerned about was the domicile part but if L1's can prove domicile so can H1-B's.
I already fought this for three good years! I don't know how they allow L1 to enjoy in-state tuituion and not H1B. I provided links to USCIS website to ASU to prove that L1 and H1 are similar non-immigrant visa. I gave up after they could not provide any reasonable response.
GCard Dream - You should ask the question - what part of the statute does L1 fulfil that H1B does not -
I'm sure you can give these guy's a run for their money. One thing - if you pursue it long and hard enough I think there is a chance that you can get instate tuition. The only area I was concerned about was the domicile part but if L1's can prove domicile so can H1-B's.
I already fought this for three good years! I don't know how they allow L1 to enjoy in-state tuituion and not H1B. I provided links to USCIS website to ASU to prove that L1 and H1 are similar non-immigrant visa. I gave up after they could not provide any reasonable response.
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kumar1
07-11 03:13 PM
Boss-------Salaam Hai Tumhey ----Maar lo IRS ki!!!
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number30
04-09 05:33 PM
I got RFE through attorney. It is asking following details
1. Emloyment verification letter with present and intended permanent employer
2. Last two months pay slips
3. "Although your I 140 petitioner indicated in your initial I485 filing that you were employed by company A at that time, your Form G325 indicated that you were employed by company B and you were authorized by B at that time, please explain discrepancy"
I am bit worried about question 3. I worked for company A and labor, I140 applied when I was with A.
But during I485 filing I was with company B and in G325 I mentioned that.
It looks like company A by mistake mentioned that I was still with them.
I called my attorney he said its upto me decide which company I should work for.
But I am not sure company A provides an employment letter for me because I am working for comapny B now.
If B provides employment letter since it is >180 days since I 485 applied, will there be any issues?
Please give your opinions...
Did you put employment letter or offer letter from employer A while filing the I485?
1. Emloyment verification letter with present and intended permanent employer
2. Last two months pay slips
3. "Although your I 140 petitioner indicated in your initial I485 filing that you were employed by company A at that time, your Form G325 indicated that you were employed by company B and you were authorized by B at that time, please explain discrepancy"
I am bit worried about question 3. I worked for company A and labor, I140 applied when I was with A.
But during I485 filing I was with company B and in G325 I mentioned that.
It looks like company A by mistake mentioned that I was still with them.
I called my attorney he said its upto me decide which company I should work for.
But I am not sure company A provides an employment letter for me because I am working for comapny B now.
If B provides employment letter since it is >180 days since I 485 applied, will there be any issues?
Please give your opinions...
Did you put employment letter or offer letter from employer A while filing the I485?
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tonyHK12
04-28 01:00 PM
I have created several documents and am working on a similar one as outlined below. But we need 50 people working on such items instead of one.
We have lots of ideas pouring into threads here but most are soon forgotten and not followed up on.
gc_peshwa has created a googlegroup to deal with participating on USCIS calls etc. We can add this agenda to that group to prevent creation of too many googlegroups and spreading ourselves thin. Alternatively we have a "Media" googlegroup as well which is dormant. That group could be used for this purpose.
Yes I agree, with the number of active volunteers we have in all of IV, a single group should be sufficient. we could use the other group "Media" to store documentation/PDFs mostly.
I have gone thorugh the other doc before about legal immigration.
I refered to the way the illegal reporter obtained estimates. The income tax paid is about $1.24 Billion, ITEP conservatively estimates that 50 percent of unauthorized immigrants ! are paying income taxes
as for the rest, its based on population and assumes they pay sales tax & property tax in the first place:
"# Sales tax is automatic, so it is assumed that unauthorized residents would pay sales tax at similar rates to U.S. citizens and legal immigrants with similar income levels.
# Similar to sales tax, property taxes are hard to avoid, and unauthorized immigrants are assumed to pay the same property taxes as others with the same income level. ITEP assumes that most unauthorized immigrants are renters, and only calculates the taxes paid by renters."
With the elections coming around in 2012 and campaigns sure to start in 6 months, its valuable to create documentation describing legal employment based immigration. Illlegals will be discussed many times, and its our job to also take part in those debates & message boards, whetehr its CNN or a website from LA, etc
We have lots of ideas pouring into threads here but most are soon forgotten and not followed up on.
gc_peshwa has created a googlegroup to deal with participating on USCIS calls etc. We can add this agenda to that group to prevent creation of too many googlegroups and spreading ourselves thin. Alternatively we have a "Media" googlegroup as well which is dormant. That group could be used for this purpose.
Yes I agree, with the number of active volunteers we have in all of IV, a single group should be sufficient. we could use the other group "Media" to store documentation/PDFs mostly.
I have gone thorugh the other doc before about legal immigration.
I refered to the way the illegal reporter obtained estimates. The income tax paid is about $1.24 Billion, ITEP conservatively estimates that 50 percent of unauthorized immigrants ! are paying income taxes
as for the rest, its based on population and assumes they pay sales tax & property tax in the first place:
"# Sales tax is automatic, so it is assumed that unauthorized residents would pay sales tax at similar rates to U.S. citizens and legal immigrants with similar income levels.
# Similar to sales tax, property taxes are hard to avoid, and unauthorized immigrants are assumed to pay the same property taxes as others with the same income level. ITEP assumes that most unauthorized immigrants are renters, and only calculates the taxes paid by renters."
With the elections coming around in 2012 and campaigns sure to start in 6 months, its valuable to create documentation describing legal employment based immigration. Illlegals will be discussed many times, and its our job to also take part in those debates & message boards, whetehr its CNN or a website from LA, etc
more...
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EndlessWait
01-10 05:15 PM
Just to add, this is the risk of not working for the company after getting the EAD. The employer can easily prove that the person had no intention of working for the company. AC21 cannot protect that person.
the guy who used AC21 got his GC and rightfully so since he left after 6 months.
Our friend was the one who got the labor sold by his desi employer leech..to him
its good atleast that Ac21 works and it should..now with substitution banned the new AC21s will be protected..as long as they didn't substitute..
Finally labor substitution was a bad choice! thats the moral of the story..
the guy who used AC21 got his GC and rightfully so since he left after 6 months.
Our friend was the one who got the labor sold by his desi employer leech..to him
its good atleast that Ac21 works and it should..now with substitution banned the new AC21s will be protected..as long as they didn't substitute..
Finally labor substitution was a bad choice! thats the moral of the story..
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piyu7444
08-23 11:22 PM
I will provide all info. related to EB1 very soon. Who so ever is interested please send me your questions.......
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Pegasus503
02-11 06:28 PM
When will Jan 2007 become current?
ROW?
China?
Mexico?
Philippines?
India?
EB1 is current for all
EB2 is current except for China (1 Jan 03) but India is unavailable.
EB3 varies bewteen Apr 01 and Nov 02 depending on the area
roll on 1st March for new dates to be effective.
ROW?
China?
Mexico?
Philippines?
India?
EB1 is current for all
EB2 is current except for China (1 Jan 03) but India is unavailable.
EB3 varies bewteen Apr 01 and Nov 02 depending on the area
roll on 1st March for new dates to be effective.
GC_SUCK
03-01 12:32 PM
Labor RIR Case from MN (Approved Recently)
Labor RIR Case from TX (Approved Recently)
Labor PERM EB3 (Approved in 2006)
Paid so far 8K
Lawyer is asking more now for
Filing I-140 - I-485 - EAD - AP (for both me and my wife)
Have I paid too much? Should I pay more to him?
Labor RIR Case from TX (Approved Recently)
Labor PERM EB3 (Approved in 2006)
Paid so far 8K
Lawyer is asking more now for
Filing I-140 - I-485 - EAD - AP (for both me and my wife)
Have I paid too much? Should I pay more to him?
desi3933
03-18 12:16 PM
Thanks for the link...Before this post i was with one green dot now with 8 red dots....thanks all those ass holes.
:cool:
You are incorrect about out of status when person loses job on EAD.
As long as I-485 is pending, person is in valid status. Infact, one may chose do nothing while I-485 is pending as long as he has valid job offer that starts after I-485 approval.
_____________________
Not a legal advice.
:cool:
You are incorrect about out of status when person loses job on EAD.
As long as I-485 is pending, person is in valid status. Infact, one may chose do nothing while I-485 is pending as long as he has valid job offer that starts after I-485 approval.
_____________________
Not a legal advice.
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