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  #211 (permalink)  
Old 08-08-2007, 10:00 PM
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Originally Posted by miguy View Post
Hi Unitednations,
I have a little problem. I am a canadian citizen on H1b and used to commute across the border everyday. I work for Ford and every year during christmas we get a week long vacation. My contracting company does not pay me for the xmas break. So, I filed for unemployment compensation in michigan for that week - reason - temporary layoff (as a Canadian Citizen you can collect unemployment from michigan......thats what my US citizen colleagues do every year........Does this mean I was out of status for that week?....Can this cause my I-485 to get rejected? (I have done it twice in 5 years)


No.

Yeah; you wre out of status for those weeks that you took unemployment.

It shouldn't impact you since, you have been going in and out of the country. (ie., 245k).

It is very dangerous for companies to lay off workers and they take unemployment compensation. This is one of the reasons the mainstream companies don't do h-1b or greencard because there are complexities if people are being laid off and taking unemployment.

Are you still living in Canada. Not much advantage to it anymore. Looks like their prices haven't been adjusted downwards. It's probably more expensive now to live in Windsor/Toronto and to commute on a daily basis to Detroit.
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  #212 (permalink)  
Old 08-08-2007, 10:09 PM
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Thumbs up Zoe Lofgren

Hi,

In addition to what everyone else has recommended please contact Zoe Lofgren and seek help from Prakash the ombudsman and a personal meeting with Director Gonzales.

All the best!

VS
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  #213 (permalink)  
Old 08-09-2007, 03:21 PM
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Originally Posted by unitednations View Post
Actually; I didn't think it was courageous at all. I had to practice what I preach.

One of the reasons they ask for tax returns, w2's is they want to assess your intentions; if tax returns, etc. , is out of line with offered wage then it can make them think that it is not believable you will be doing that job once greencard gets approved.

Once 485 is filed; you are in a period of authorized stay. At that point; you can sit around and do nothing; switch jobs, etc.; However; to keep working you need to have authorization (ie., EAD card if you don't hold H-1b).

I didn't prepare my personal tax returns on purpose because uscis could have assessed my intentions differently. When I asked him why he wanted to see the tax returns for 2005 and 2006; even though I have unrestricted employment and I can do nothing if I please; he responded it was to assess intention. Since he saw I was self employed; if my tax returns were out of line with the offered job I was going to take upon greencard approval then they may not believe it.

Now; I didn't give him any financial data for 2005 and 2006. Although this is legal; if I was going to port to self employment then he could have assessed whether I was going to become a public charge or how I was living in 2005 and 2006. I had all my financial documents (ie., bank balances, brokerage account); just in case he went down this road.

he didn't but just in case he wanted to; I was ready for it.
UN,

Did you face any questions about "Same or Similar" in the interview particularly for the time period when you were self employed?

Can you throw some light on how to handle the scenarios where the proferred wage is much lower than the current wage and once someone invokes AC21 the offered wage can be much higher . I understand that this scenario can be problematic in case of "future job" GCs.

My understanding of AC21 is this .. Dont invoke AC21 unless otherwise absolutely necessary?
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  #214 (permalink)  
Old 08-09-2007, 03:38 PM
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Originally Posted by satishku_2000 View Post
UN,

Did you face any questions about "Same or Similar" in the interview particularly for the time period when you were self employed?

Can you throw some light on how to handle the scenarios where the proferred wage is much lower than the current wage and once someone invokes AC21 the offered wage can be much higher . I understand that this scenario can be problematic in case of "future job" GCs.

My understanding of AC21 is this .. Dont invoke AC21 unless otherwise absolutely necessary?
This has been written about to many times. You need to research this on immigration.com.

As I said in the law while 485 is pending you do not have to do anything; you can do something totally irrelevant to what your employment is going to be upon greencard approval.

However; uscis starts digging into intent. I wasn't porting to self employment. I was porting to a different company upon greencard approval.

they were going to try to assess that if I was making too much money then how would i take another job with lower salary.

I personally don't agree with porting to self employment upon greencard approval (many have but we'll see if they should tighten it up). If you are a one person company; then how can the job be same/similar. You would have been doing the finance, marketing and the software engineer work. That in itself wouldn't make it a same/similar job.

My labor wasn't broad. if they were looking at same/similar; it would have been impossible for me to meet it. The position I had and the job duties were probably only available in maybe less then 25 companies. (one of the job duties was administering offshore investment companies).

Now; keep in mind; greencard meant absolutely nothing to me. I got into this because of what happened to my 140 and i took it as a challenge from uscis.
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  #215 (permalink)  
Old 08-09-2007, 04:03 PM
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While most of us here have US Citizenship as their long term goal, they overlook that fact and focus on manipulating stuff to get a GC which might have severe consequences while applying for Naturalization.

Let me share with you the story of my friend who just got his US Citizenship in 2007.

He was out of status without salary for around 6 months during the recession time (2001/2002) and didn’t have W2 for that period either. When USCIS questioned his out of status, he just submitted a letter from the employer stating that they owe some $$$ during that period and will be running his back pay at the earliest. This letter nullified his out of status and was sufficient to satisfy the IO to get his I-485 approved.

Infact, the company in question didn’t run his back pay at all after his I-485 approval and went bankrupt.

While applying for Naturalization, one of the items that the beneficiary has to prove is “Good Moral Character”. While scrutinizing his records they found that he didn’t file his tax returns during the year in question and denied his naturalization.

He had to run from pillar to post and finally got hold of a good attorney who was able to prove that the employer who was supposed to pay the back wages went bankrupt and hence he wasn’t paid, because of which he could file his tax returns. He submitted a letter with proof of bankruptcy and succeeded in his appeal resulting in approval. The whole case dragged for around a year.

Hence please pay attention to every minute detail before and after you get your GC, so that you don’t end up in a mess while applying for naturalization.

Last edited by americandesi; 08-09-2007 at 04:08 PM.
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  #216 (permalink)  
Old 08-09-2007, 04:20 PM
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Originally Posted by americandesi View Post
While most of us here have US Citizenship as their long term goal, they overlook that fact and focus on manipulating stuff to get a GC which might have severe consequences while applying for Naturalization.

Let me share with you the story of my friend who just got his US Citizenship in 2007.

He was out of status without salary for around 6 months during the recession time (2001/2002) and didnít have W2 for that period either. When USCIS questioned his out of status, he just submitted a letter from the employer stating that they owe some $$$ during that period and will be running his back pay at the earliest. This letter nullified his out of status and was sufficient to satisfy the IO to get his I-485 approved.

Infact, the company in question didnít run his back pay at all after his I-485 approval and went bankrupt.

While applying for Naturalization, one of the items that the beneficiary has to prove is ďGood Moral CharacterĒ. While scrutinizing his records they found that he didnít file his tax returns during the year in question and denied his naturalization.

He had to run from pillar to post and finally got hold of a good attorney who was able to prove that the employer who was supposed to pay the back wages went bankrupt and hence he wasnít paid, because of which he could file his tax returns. He submitted a letter with proof of bankruptcy and succeeded in his appeal resulting in approval. The whole case dragged for around a year.

Hence please pay attention to every minute detail before and after you get your GC, so that you donít end up in a mess while applying for naturalization.
I second that notion. Although very rare that uscis adjudicators can go that deep in naturalization; it isn't over when you get a greencard, contrary to what many people think.
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  #217 (permalink)  
Old 08-09-2007, 06:33 PM
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UN, thanks for the time you spend giving us your educated advice.

I would greatly appreciate a response on my situation.

I currently work in a big IT consulting firm (company A) thru H1. My uncle owns a very small (less than 100 ppl) consulting shop (company B). I want to join his company, but i dont want to transfer my h1 since B is small and there is lot more job stability in company A. S i want to go through the route of future employment.

I will be joining company B in the same job desc as im working in company A. As it looks right now, I might have to take a small cut in salary to join company B, however im sure that salary difference will be a lot more once it gets to the 485 stages.

What do you think are the risks as compared to having a GC sponsored through a company where u already hold a H1? I understand that my intention to join might become an issue because of the salary issue, but wouldn't that be the case even if i filed for Company A, since company A would file a LC based on current wage and by the time of 485, I will be making a lot more.

Last edited by i_have_a_dream; 08-09-2007 at 06:38 PM.
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  #218 (permalink)  
Old 08-09-2007, 07:26 PM
ksr ksr is offline
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Question Can we postpone FP

Hi UN,

Sorry to post here. I have posted in some other thread but no response.

I just got my FP notice for Aug 23rd for myself,spouse and 8yrs old son.My wife and son is in India, we cancelled our trip back in May for my 485.We waited till we got our receipts,they went to India for some important work.At this point they cann't make it by Aug 23rd. They both have valid H4 I797 with them.

Can you please advice, what is the best procedure to follow here.

1. Can I take my FP and request to postpone of my wife & son ?
2. Postpone for all three members, and request for a later date ?
3. Can we go after Sep3rd with the old receipts dated for Aug 23rd 2007?

Thanks In Advance,
kSR
__________________
Date: March 2003 EB3
I-140 Nov 2006 - NSC
I-485/EAD/AP mailed to NSC - Jun 11 2007
RD - Jun 13 2007
ND - July 9 2007
FP - Aug 23 2007
I-485 - LUD - 8/24 , 9/14 , 9/17
EAD - Card ordered on 09/20
AP - No update

Last edited by ksr; 08-09-2007 at 07:30 PM.
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  #219 (permalink)  
Old 08-09-2007, 08:43 PM
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Quote:
Originally Posted by ksr View Post
Hi UN,

Sorry to post here. I have posted in some other thread but no response.

I just got my FP notice for Aug 23rd for myself,spouse and 8yrs old son.My wife and son is in India, we cancelled our trip back in May for my 485.We waited till we got our receipts,they went to India for some important work.At this point they cann't make it by Aug 23rd. They both have valid H4 I797 with them.

Can you please advice, what is the best procedure to follow here.

1. Can I take my FP and request to postpone of my wife & son ?
2. Postpone for all three members, and request for a later date ?
3. Can we go after Sep3rd with the old receipts dated for Aug 23rd 2007?

Thanks In Advance,
kSR
since u r the primary applicant choose option 1
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  #220 (permalink)  
Old 08-09-2007, 09:04 PM
ksr ksr is offline
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Quote:
Originally Posted by priti8888 View Post
since u r the primary applicant choose option 1
Thanks Priti.
__________________
Date: March 2003 EB3
I-140 Nov 2006 - NSC
I-485/EAD/AP mailed to NSC - Jun 11 2007
RD - Jun 13 2007
ND - July 9 2007
FP - Aug 23 2007
I-485 - LUD - 8/24 , 9/14 , 9/17
EAD - Card ordered on 09/20
AP - No update
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  #221 (permalink)  
Old 08-10-2007, 03:07 PM
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Quote:
Originally Posted by priti8888 View Post
since u r the primary applicant choose option 1
I don't know if there is a diff in rescheduling on the date of the appnt or before it. But if it was me, i would try to reschedule it before the appnt date by mailing the FP notice.
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  #222 (permalink)  
Old 08-10-2007, 03:58 PM
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Default two questions for UN.

Sorry to post in this thread, but I was wondering if United Nations would be kind enough to answer two questions for me (well, actually one is from my colleague). They are kind of generic so it might help other people too, I hope. I posted this on other threads but I havent gotten any responses for the longest time, so Im posting here. Very sorry to those who are following this thread for the original topic.

1) From my colleague: As per his family customs, his mothers FIRST name was also changed after marriage. Before marriage she was Vimla Patil, and now she is Anasuya Deshpande. She uses her married first name and last name on her passport, childrens birth certificate, etc. Only her school leaving has her maiden first name, maiden last name.

He was wondering how to put this info on his I-485/G-325a form. They ask for Mothers Maiden name in one column, and then first name in the next. If he puts down Patil and then Anasuya - it wont be correct as such a person doesnt exist. What is the best way to represent her name. (remember, the birth cert that he will be submitting for himself will have her name as Anasuya Deshpande)

Any help would be greatly appreciated.

2) My question (and this has been asked before, but no one has a rock solid answer). My husband's labor has been approved, approved I-140, his priority date is Oct 2006. I received a labor sub (please dont scream at me.. I dint have anything to do with the matching... it just came my way) , but pending I-140, my priority date (if I-140 is approved) will be Feb 2005.

I wanted to know if we should only choose one of these two applications to proceed further or file two I-485 applications- One with me as primary and him as beneficiary, and the other with him as primary. There are these rare postings where people have said that USCIS can reject both applications/ drop both or deny one initially itself, or ask you to choose one upfront. No one has talked about successful multiple filings, so we dont have unbiased statistics in this space. What is your thought on this issue? Which way would you recommend we proceed? Frankly, I am nervous about my application until the I-140 clears, (and my I-140 was only applied in July 2007) ... yet my husbands pd is almost 20 months after mine. Please enlighten.

Thanks!

FYI, both of us have been in the U.S since 2000, but for various strokes of timely bad luck we couldnt file until Dec 2006, So I hope there arent too many hard feelings from people who have also waited as long as we have. I know the feeling.
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  #223 (permalink)  
Old 08-14-2007, 01:32 PM
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Quote:
Originally Posted by ksr View Post
Hi UN,

Sorry to post here. I have posted in some other thread but no response.

I just got my FP notice for Aug 23rd for myself,spouse and 8yrs old son.My wife and son is in India, we cancelled our trip back in May for my 485.We waited till we got our receipts,they went to India for some important work.At this point they cann't make it by Aug 23rd. They both have valid H4 I797 with them.

Can you please advice, what is the best procedure to follow here.

1. Can I take my FP and request to postpone of my wife & son ?
2. Postpone for all three members, and request for a later date ?
3. Can we go after Sep3rd with the old receipts dated for Aug 23rd 2007?

Thanks In Advance,
kSR
There is another thread in this section that somebody posted that has the answers. You can take the Fp and request re-scheduling for your family giving the travel iternary copy and date(s) when they would be available
__________________
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---------------------------------
1996 for 1st MS
PD EB2 Jan 2001, 9/11 ,(BEC ,pink slip)
H1 new empl - Dec 02
EB3 RIR, INDIA(Empl mess up)
PD: Sep 2003 , 2nd MS - SE
140 Approval: March 2004
3EADs , 4FPs
3APs, 485 approval -- 07/30/2007
GC in Hand - 08/07/2007

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  #224 (permalink)  
Old 08-14-2007, 07:45 PM
ksr ksr is offline
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Quote:
Originally Posted by krishnam70 View Post
There is another thread in this section that somebody posted that has the answers. You can take the Fp and request re-scheduling for your family giving the travel iternary copy and date(s) when they would be available

Thank You Krishna. I have just mailed Fp notices requesting for re-schedule.
__________________
Date: March 2003 EB3
I-140 Nov 2006 - NSC
I-485/EAD/AP mailed to NSC - Jun 11 2007
RD - Jun 13 2007
ND - July 9 2007
FP - Aug 23 2007
I-485 - LUD - 8/24 , 9/14 , 9/17
EAD - Card ordered on 09/20
AP - No update
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  #225 (permalink)  
Old 08-14-2007, 09:34 PM
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To United Nation

I never went out of usa in 7 yrs.My first company did not pay me for the first 3 months because I did not get my ssn no for 3 months so I was not employed.After 3 yrs I joined the cliant company,so he got angry and did not pay me for 15 days but I have proof of time sheets.He threatned me like suing etc... but he did not do .Now I applied for AOS but I did not sent the W2 paper for that problem period .I have sent my last three years of W2 papers as per Lawyer's request .Will there be a problem for the un paid days.?
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