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  #31 (permalink)  
Old 08-12-2010, 04:39 PM
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gcstudent is infamous around these parts gcstudent is infamous around these parts gcstudent is infamous around these parts
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In my opinion all this 5 months, 6 months rule applies only if you have not waited at any step. Like in EB1 where you can go thru the whole process in an year.. However if they made you stick to the same employer , same position for 10 yrs (maan i.e 1/4th of your working life!!) you can always have a strong argument even if USCIS decides to do something. I think those who got "freedom" , you have worried enough.. now it is the time to "go out" and enjoy!!
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  #32 (permalink)  
Old 08-12-2010, 05:27 PM
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A little unrelated question but couldn't find the the right thread to post it...

What do you do if while traveling abroad, your GC is lost/stolen? Would the CBP officer at the airport allow you back in on the basis of a photocopy?
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  #33 (permalink)  
Old 08-12-2010, 05:52 PM
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Quote:
Originally Posted by illinois_alum View Post
A little unrelated question but couldn't find the the right thread to post it...

What do you do if while traveling abroad, your GC is lost/stolen? Would the CBP officer at the airport allow you back in on the basis of a photocopy?
Another similar Question:
do we need carry the supporting documentation(Birth/Marrriage certificate, old H1Bs, etc) certifacte while travelling with GC? Please share your experience.
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  #34 (permalink)  
Old 08-12-2010, 07:08 PM
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Default No other documents needed...

Quote:
Originally Posted by apt29 View Post
Another similar Question:
do we need carry the supporting documentation(Birth/Marrriage certificate, old H1Bs, etc) certifacte while travelling with GC? Please share your experience.
I know that other than the GC and the passport...you don't need any other document. I guess your question can be interpreted as ...would those other documents help if you somehow lose your GC while traveling outside?
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  #35 (permalink)  
Old 11-02-2010, 03:16 PM
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Papu,

Is IV in a position to check with USCIS on the official guideline for this issue?

Thanks.


Quote:
Originally Posted by pappu View Post
Questions for everyone to research and post the answers------


-- Is there any real example on any internet forum, website or blog where someone faced problem in citizenship because they left their sponsor employer before 6 months expired? Do not find opinion but a real proof.

-- Can any lawyer provide a case example to illustrate the above. We can go into detail, talk to USCIS and seek clarification.

-- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.
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  #36 (permalink)  
Old 11-02-2010, 03:33 PM
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Quote:
Originally Posted by desi3933 View Post
There is no such law that specifies any duration one has to be employed by GC (or AC-21) employer. Period.

However, there is a twist to it. As per law, the beneficiary MUST have intent to work for GC employer at the time of filing of I-485 and intent to work for AC-21 employer if invoking AC-21. However, this intent is to start work AFTER getting green card. The intent is subject to change, too.

By working for the employer for some duration, it is easier to demonstrate that person has intent to work for the employer for the full time job offered. This duration is not written in stone, and every lawyer interprets differently. For me (and this for just me), 90 days should be a safe duration, since it has been tested in courts that 90 days a long enough time when intent of the person can change. (This is known as 30-60-90 day intent rule). This is why lawyers usually advise to wait for 90 days when a person on single intent non-immigrant visa (such as B1 or F1) wants to file for I-130/I-140 and/or I-485.



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You are the best!!! You are like the last word one could rely on.
Big fan of yours!!!
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  #37 (permalink)  
Old 11-02-2010, 03:58 PM
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Default

Quote:
Originally Posted by pappu View Post
Questions for everyone to research and post the answers------


-- Is there any real example on any internet forum, website or blog where someone faced problem in citizenship because they left their sponsor employer before 6 months expired? Do not find opinion but a real proof.

-- Can any lawyer provide a case example to illustrate the above. We can go into detail, talk to USCIS and seek clarification.

-- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.

I will repeat again that I said earlier.

Again, do not quote some lawyer's opinion on this issue from his/her website.
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  #38 (permalink)  
Old 11-02-2010, 04:07 PM
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Quote:
Originally Posted by boreal View Post
yep, makes sense.
Regarding the orignal topic, even I have never heard anyone not getting citizenship because of them leaving the GC employer. Personally, I won't wait for six months or even a single day, if I see a better opportunity.
What happens in case of people who obtain GC through marriage and then due to some reason have to divorse? Do they have to stay married for a certain period of time?? If so how much would that be?
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  #39 (permalink)  
Old 11-02-2010, 04:13 PM
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Quote:
Originally Posted by thomachan72 View Post
What happens in case of people who obtain GC through marriage and then due to some reason have to divorse? Do they have to stay married for a certain period of time?? If so how much would that be?
I think, it is 2 years.
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  #40 (permalink)  
Old 11-02-2010, 05:25 PM
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Quote:
Originally Posted by pappu View Post
I will repeat again that I said earlier.

Again, do not quote some lawyer's opinion on this issue from his/her website.

Papu,

The law seems to have changes due to AC21, I don't think we can get any actual data of any one who got his GC after AC21 and has already converted to citizenship.

It would be really great if IV can contact USCIS and get an official guideline on this topic.

Thanks.
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- Contributed over $500 to IV
- Got the GC after about 7 years of stay in the US.

Last edited by garybanz; 11-02-2010 at 05:37 PM.
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  #41 (permalink)  
Old 11-02-2010, 10:11 PM
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Default There is some data

Quote:
Originally Posted by garybanz View Post
Papu,

The law seems to have changes due to AC21, I don't think we can get any actual data of any one who got his GC after AC21 and has already converted to citizenship.

It would be really great if IV can contact USCIS and get an official guideline on this topic.

Thanks.
There are ppl who moved 2 or 3 months after getting GC and have got their USC

AC21 N400 Cases - 2010
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  #42 (permalink)  
Old 11-03-2010, 10:58 AM
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Quote:
Originally Posted by permfiling View Post
There are ppl who moved 2 or 3 months after getting GC and have got their USC

AC21 N400 Cases - 2010
I went through the entire thread, i did not find any cases of people who had never used AC 21 and who left their employers right after 485 approval.

To be very specific, we need clarification on what the consequences are of leaving the sponsoring employer right after getting the GC esp people who never used AC21 and have been with the sponsoring company for several years before getting the GC.
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- Got the GC after about 7 years of stay in the US.
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  #43 (permalink)  
Old 11-03-2010, 02:15 PM
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Default

Quote:
Originally Posted by pappu View Post
Questions for everyone to research and post the answers------
......

-- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.
There is no such law that specifies any duration one has to be employed by GC (or AC-21) employer. Period.


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  #44 (permalink)  
Old 11-03-2010, 02:17 PM
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Quote:
Originally Posted by LostInGCProcess View Post
You are the best!!! You are like the last word one could rely on.

Big fan of yours!!!
Thank you so much for your kind words.


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  #45 (permalink)  
Old 11-03-2010, 02:28 PM
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Quote:
Originally Posted by desi3933 View Post
There is no such law that specifies any duration one has to be employed by GC (or AC-21) employer. Period.


______________________
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If that is the case, then why is it that all immigration attorneys are asking us to stay with our current employers citing this "Intent" thing? Are you saying that it's all smoke and no fire?
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- Got the GC after about 7 years of stay in the US.
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