hemya
12-20 10:57 PM
My wife is applying for graduate school and they asked for her Alien registration Number. Should she give the one on her 485?
She is presently on H-4
She is presently on H-4
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madhu345
09-18 08:46 AM
Why dont we take voting for name change and see what % of members will opt for the change.
lazycis
12-21 06:53 PM
I applied I-140 with a substitution labor in May'07. Then I applied I-485 on July2nd,2007. Got EAD on Aug20th. Two months back my I-140 was approved. Now I am on EAD. I am working with a very good financial corporation which they are asking me to join as full-time from Jan1st2008. I told my manager that I can join as a full-time from Feb20th 2008. Can any one throw some light on these doubts?
1. What happens if I move before 180 days of EAD to this new company and send AC21 to USCIS after finishing 180 days on EAD?
2. If I moved after 180 days what kind of queries we get from USCIS on AC21?
3. Do we need to make sure my employer also agrees what we are doing? What kind of documents we need from the existing employer?
4. Does my new company has to give same exact responsibilities as my labor certificate?
I would appreciate if any one replies to these posts. Thanks in advance.
1. Technically you can start working for a new employer from January 2nd (180 days after I-485 received date). It does not matter when you've got EAD.
2. If you do not notify the USCIS and you current employer won't withdraw I-140, the USCIS will never know about the job change.
3. See #2. You have to make sure they will not withdraw I-140. AC21 or not, it's in your best interest to leave on good terms.
4. Not really. Make sure job title or responsibilities/duties are same or similar. It does not have to be 100% match.
1. What happens if I move before 180 days of EAD to this new company and send AC21 to USCIS after finishing 180 days on EAD?
2. If I moved after 180 days what kind of queries we get from USCIS on AC21?
3. Do we need to make sure my employer also agrees what we are doing? What kind of documents we need from the existing employer?
4. Does my new company has to give same exact responsibilities as my labor certificate?
I would appreciate if any one replies to these posts. Thanks in advance.
1. Technically you can start working for a new employer from January 2nd (180 days after I-485 received date). It does not matter when you've got EAD.
2. If you do not notify the USCIS and you current employer won't withdraw I-140, the USCIS will never know about the job change.
3. See #2. You have to make sure they will not withdraw I-140. AC21 or not, it's in your best interest to leave on good terms.
4. Not really. Make sure job title or responsibilities/duties are same or similar. It does not have to be 100% match.
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gk_2000
11-02 07:58 PM
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us_employee
02-09 05:39 PM
I had similar issue and went upto the local Deferred Inspection Office but couldn't get it done there. So I travelled upto Mexico border, didn't even have to enter into Mexico. I went upto the office and the officer had an idea about my situation and issued new I-94. I found (while searching through posts on other threads) that some DI offices do realize about this problem and they issue I-94 within U.S.
I'd say try at one of your DI offices if not you can travel upto the border. Call the border to make sure if they do issue I-94 for such cases.
I'd say try at one of your DI offices if not you can travel upto the border. Call the border to make sure if they do issue I-94 for such cases.
sbmallik
05-15 03:57 PM
I am planning to file Labor under EB2. Below is my education detail.
3 years Bachelor Degree i.e. B.Com.
2 years MBA(Information Technology)
10 years pure IT experience in Java, Oracle
5 Professional Certification from Sun Microsystem,Oracle and IBM
Based on these education background will I have problem with EB2 labor and I-140 approval?
Please suggest.
FYI - EB2 category literally means either US Masters or US Bachelors + 5 years of progressive experience. In your case it is imperative to prove that 3 year B.Com together with 2 year MBA yields a U.S. Bachelor Degree in Computer Science. Moreover, the education and work experience should match.
3 years Bachelor Degree i.e. B.Com.
2 years MBA(Information Technology)
10 years pure IT experience in Java, Oracle
5 Professional Certification from Sun Microsystem,Oracle and IBM
Based on these education background will I have problem with EB2 labor and I-140 approval?
Please suggest.
FYI - EB2 category literally means either US Masters or US Bachelors + 5 years of progressive experience. In your case it is imperative to prove that 3 year B.Com together with 2 year MBA yields a U.S. Bachelor Degree in Computer Science. Moreover, the education and work experience should match.
more...
beautifulMind
08-24 12:40 PM
Fragomen Client Alert (08/06/09) - USCIS Expands Employer Site Visit Program (http://www.worldwideerc.org/Resources/Immigration/Documents/fragomen-20090806.html)
August 6, 2009
USCIS Expands Employer Site Visit Program __________________________________________________ _______
Executive Summary
U.S. Citizenship and Immigration Services (USCIS) is expanding its unannounced visits to the worksites of employers that sponsor foreign workers. USCIS uses site visits to verify the information in an immigration petition submitted by the employer and to make sure that sponsored workers are complying with the terms of their admission to the United States.
U.S. Citizenship and Immigration Services (USCIS) is expanding its site visits to employers that sponsor foreign workers. The site visits, which are conducted by USCIS's Fraud Detection and National Security (FDNS) unit, are usually conducted without notice. They are used to verify the existence of the employer, the information the employer has provided in immigration petitions, and whether sponsored foreign nationals are working in compliance with the terms of their admission to the United States. If your company is contacted by an FDNS officer, you should call your designated Fragomen professional immediately to discuss options, including the possibility of having counsel present during a site visit.
Though the FDNS unit has conducted employer site visits for several years, it has recently begun to add more staff and broaden its investigative efforts. In the past, site visits usually pertained to already-approved immigration petitions. However, under the expanded program, the agency is more frequently using site visits to verify information in petitions that are pending with USCIS. USCIS could use information obtained during a site visit to decide whether or not to approve a petition. In submitting petitions for immigration benefits, employers subject themselves to reasonable inquiries from the government. Therefore, it is crucial that employers make efforts to cooperate with FDNS officers. A failure to cooperate could jeopardize an employer's pending petitions and its ability to participate in U.S.
immigration programs.
Typically, an FDNS officer will make an unannounced appearance at the petitioning employer's worksite, though occasionally an officer may call the company in advance to notify it of an impending visit. During the site visit, the officer may ask to speak to an employer representative, such as a human resources manager, and may also ask to meet with a sponsored foreign worker. Usually, the officer will have a copy of a specific immigration petition and will seek interviews to verify the information in the petition.
During site visits, FDNS officers typically work from a standard list of questions. Officers commonly ask about the employer's business; the worksite; the number of employees; whether the employer filed the immigration petition in question; whether the foreign national is actually employed by the employer; the foreign national's position, job duties and salary; and the foreign national's qualifications for the position, educational background, previous employment and immigration history, residence and dependents in the United States. The officer may also ask about the employer's overall use of specific immigration programs. In addition to conducting interviews, the FDNS officer may ask to tour the employer's premises or examine the foreign national's work area, and may also request payroll records and other documentation pertaining to the foreign national's employment.
Fragomen is closely monitoring the FDNS site visit program and will issue additional information as we discern investigation trends. If you have any questions about this alert, please contact the Fragomen professional with whom you usually work.
Copyright 2009 by Fragomen, Del Rey, Bernsen & Loewy, LLP
Fragomen Immigration Alerts
August 6, 2009
USCIS Expands Employer Site Visit Program __________________________________________________ _______
Executive Summary
U.S. Citizenship and Immigration Services (USCIS) is expanding its unannounced visits to the worksites of employers that sponsor foreign workers. USCIS uses site visits to verify the information in an immigration petition submitted by the employer and to make sure that sponsored workers are complying with the terms of their admission to the United States.
U.S. Citizenship and Immigration Services (USCIS) is expanding its site visits to employers that sponsor foreign workers. The site visits, which are conducted by USCIS's Fraud Detection and National Security (FDNS) unit, are usually conducted without notice. They are used to verify the existence of the employer, the information the employer has provided in immigration petitions, and whether sponsored foreign nationals are working in compliance with the terms of their admission to the United States. If your company is contacted by an FDNS officer, you should call your designated Fragomen professional immediately to discuss options, including the possibility of having counsel present during a site visit.
Though the FDNS unit has conducted employer site visits for several years, it has recently begun to add more staff and broaden its investigative efforts. In the past, site visits usually pertained to already-approved immigration petitions. However, under the expanded program, the agency is more frequently using site visits to verify information in petitions that are pending with USCIS. USCIS could use information obtained during a site visit to decide whether or not to approve a petition. In submitting petitions for immigration benefits, employers subject themselves to reasonable inquiries from the government. Therefore, it is crucial that employers make efforts to cooperate with FDNS officers. A failure to cooperate could jeopardize an employer's pending petitions and its ability to participate in U.S.
immigration programs.
Typically, an FDNS officer will make an unannounced appearance at the petitioning employer's worksite, though occasionally an officer may call the company in advance to notify it of an impending visit. During the site visit, the officer may ask to speak to an employer representative, such as a human resources manager, and may also ask to meet with a sponsored foreign worker. Usually, the officer will have a copy of a specific immigration petition and will seek interviews to verify the information in the petition.
During site visits, FDNS officers typically work from a standard list of questions. Officers commonly ask about the employer's business; the worksite; the number of employees; whether the employer filed the immigration petition in question; whether the foreign national is actually employed by the employer; the foreign national's position, job duties and salary; and the foreign national's qualifications for the position, educational background, previous employment and immigration history, residence and dependents in the United States. The officer may also ask about the employer's overall use of specific immigration programs. In addition to conducting interviews, the FDNS officer may ask to tour the employer's premises or examine the foreign national's work area, and may also request payroll records and other documentation pertaining to the foreign national's employment.
Fragomen is closely monitoring the FDNS site visit program and will issue additional information as we discern investigation trends. If you have any questions about this alert, please contact the Fragomen professional with whom you usually work.
Copyright 2009 by Fragomen, Del Rey, Bernsen & Loewy, LLP
Fragomen Immigration Alerts
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sandy_anand
12-08 05:50 PM
"On December 4, 2009, we ordered production of your new card. Please allow 30 days for your card to be mailed to you."
My PD was Dec 4, 2004. EB2. Exactly 5 years from PD and over 10 years from first entry to US. Getting stuck in the BEC backlog and my wife getting stuck in India with 221(g) were among my most painful experiences through the journey. And not being able to take a fabulous offer at double my salary in 2007 hurt too.
Thanks for all the support. And congratulations again to the leaders of IV for creating a platform for Employment based GC applicants.
Feel free to contact me if you are starting high-growth businesses and need someone to bounce ideas off. And of course I am happy to help with IV initiatives to clear EB backlog.
Bpositive.
Congratulations!
My PD was Dec 4, 2004. EB2. Exactly 5 years from PD and over 10 years from first entry to US. Getting stuck in the BEC backlog and my wife getting stuck in India with 221(g) were among my most painful experiences through the journey. And not being able to take a fabulous offer at double my salary in 2007 hurt too.
Thanks for all the support. And congratulations again to the leaders of IV for creating a platform for Employment based GC applicants.
Feel free to contact me if you are starting high-growth businesses and need someone to bounce ideas off. And of course I am happy to help with IV initiatives to clear EB backlog.
Bpositive.
Congratulations!
more...
Steve Mitchell
October 23rd, 2003, 11:44 PM
Funny Don, I was just over at Holliday Park about a week and a half ago scouting a location for a shoot. Too bad that area is fenced off, it would be perfect.
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EkAurAaya
05-24 12:42 PM
http://timesofindia.indiatimes.com/articleshow/msid-2072510,prtpage-1.cms
Great immigration debate has Indians steamed up
24 May, 2007 l 2200 hrs ISTlCHIDANAND RAJGHATTA/TIMES NEWS NETWORK
WASHINGTON: The fate of tens of thousands of high-skilled Indian professionals waiting to be permanent US residents is being sidelined in an immigration debate that is heavily tilted in favor of illegal workers, according to advocates of high-tech immigration and Indian activists.
Close to 450,000 Indian professionals are caught up in the H1-B-Green Card gridlock, but the immigration bill currently being debated in Congress will exacerbate their agony instead of resolving the matter, activists
for the skilled immigrants lobby say.
Despite the support of US high-tech companies such as Microsoft and Cisco, and business-industry lobbying groups, the ongoing debate centers mainly on the 12 million mostly illegal immigrants, who, under the new proposals being mooted, will jump ahead of high-skilled Indians and qualify to become US citizens.
"What's being debated here is a pro-illegal worker, anti-skilled professional bill," says Aman Kapoor, co-founder of the advocacy group Immigration Voice(www.immigrationvoice.com)
According to Kapoor and others, some of the new rules being considered will be heartbreaking for skilled Indian professionals. Not only is there a proposal to reduce skilled worker Green Cards from 140,000 to 90,000, there is also a move that would require H1B holders to renew their visas on an annual basis.
A new merit-based points system is also loaded against skilled professionals, they say. For instance, economic contribution by the undocumented is recognized by awarding points for property ownership but not for people working legally.
Even accounting for proposed hike in skilled worker Green Card allocation to individual countries from 7 per cent to ten per cent of the total quota, it will take 45 years to clear the backlog from India at the rate of around 10,000 Green Cards a year, claims Kapoor. "What this country is saying is that it prefers cherry pickers to high skilled work force, not that I have anything against cherry pickers," he said.
Vinod Agarwal's immigration saga is a typical narrative that describes the tortured lives of the nearly half million young Indians mired in the great wrangle currently roiling the United States.
Vinod came to the 'States for his masters' degree in 1997 on an F-1 student visa and changed to an H1-B visa when he was hired by a U.S tech company in 2000. In 2001, his employer started the process to help him secure a permanent resident visa, or Green Card, the first step towards eventual US citizenship.
Thanks to a gridlock arising from complicated rules and a huge backlog, this process, now five years old, could take another two to three years. Among the big hurdles: a yearly limit of 140,000 on employment-based Green Cards for skilled workers.
To further stymie things, no more than seven per cent of Green Cards � less than 10,000 -- are allowed to be allocated to immigrants (including their spouses and children) from any one country. The per-country limitation was meant to avoid monopolization by any one country, but it puts a crimp on countries such as India, China and Russia, which send far more high skilled workers to the US than others.
Because of this mess, Vinod has had to put a hold on some of the most important decisions in his life � like marriage, or making investment commitments. And because his Green Card process is tied to his employer, he cannot make career moves and has to put a lid on his entrepreneurial ambitions and options.
So, a decade after he came to the land of opportunity, Vinod is still a guest, although the contribution of his ilk to the American economy is a matter of record.
According to a recent study, 24% of all the US patents filed from the US are by foreign nationals on temporary visas. Nearly a quarter of tech companies in Silicon Valley are started by skilled professionals who came to the US on H1-B visas.
If Vinod and his type thought the new immigration bill now being debated in the US Congress could address their plight, the were mistaken. The bill, say Immigration Voice activists, has been hijacked by advocates for restricting high-skilled immigrants and those promoting vote bank politics.
"Illegal immigrants are sucking all the air in the room," adds Vikas Chowdhury, a tech professional also caught in the Green Card imbroglio. "The message from the US Senate to legal, skill based immigrants is, 'so long suckers!"
Great immigration debate has Indians steamed up
24 May, 2007 l 2200 hrs ISTlCHIDANAND RAJGHATTA/TIMES NEWS NETWORK
WASHINGTON: The fate of tens of thousands of high-skilled Indian professionals waiting to be permanent US residents is being sidelined in an immigration debate that is heavily tilted in favor of illegal workers, according to advocates of high-tech immigration and Indian activists.
Close to 450,000 Indian professionals are caught up in the H1-B-Green Card gridlock, but the immigration bill currently being debated in Congress will exacerbate their agony instead of resolving the matter, activists
for the skilled immigrants lobby say.
Despite the support of US high-tech companies such as Microsoft and Cisco, and business-industry lobbying groups, the ongoing debate centers mainly on the 12 million mostly illegal immigrants, who, under the new proposals being mooted, will jump ahead of high-skilled Indians and qualify to become US citizens.
"What's being debated here is a pro-illegal worker, anti-skilled professional bill," says Aman Kapoor, co-founder of the advocacy group Immigration Voice(www.immigrationvoice.com)
According to Kapoor and others, some of the new rules being considered will be heartbreaking for skilled Indian professionals. Not only is there a proposal to reduce skilled worker Green Cards from 140,000 to 90,000, there is also a move that would require H1B holders to renew their visas on an annual basis.
A new merit-based points system is also loaded against skilled professionals, they say. For instance, economic contribution by the undocumented is recognized by awarding points for property ownership but not for people working legally.
Even accounting for proposed hike in skilled worker Green Card allocation to individual countries from 7 per cent to ten per cent of the total quota, it will take 45 years to clear the backlog from India at the rate of around 10,000 Green Cards a year, claims Kapoor. "What this country is saying is that it prefers cherry pickers to high skilled work force, not that I have anything against cherry pickers," he said.
Vinod Agarwal's immigration saga is a typical narrative that describes the tortured lives of the nearly half million young Indians mired in the great wrangle currently roiling the United States.
Vinod came to the 'States for his masters' degree in 1997 on an F-1 student visa and changed to an H1-B visa when he was hired by a U.S tech company in 2000. In 2001, his employer started the process to help him secure a permanent resident visa, or Green Card, the first step towards eventual US citizenship.
Thanks to a gridlock arising from complicated rules and a huge backlog, this process, now five years old, could take another two to three years. Among the big hurdles: a yearly limit of 140,000 on employment-based Green Cards for skilled workers.
To further stymie things, no more than seven per cent of Green Cards � less than 10,000 -- are allowed to be allocated to immigrants (including their spouses and children) from any one country. The per-country limitation was meant to avoid monopolization by any one country, but it puts a crimp on countries such as India, China and Russia, which send far more high skilled workers to the US than others.
Because of this mess, Vinod has had to put a hold on some of the most important decisions in his life � like marriage, or making investment commitments. And because his Green Card process is tied to his employer, he cannot make career moves and has to put a lid on his entrepreneurial ambitions and options.
So, a decade after he came to the land of opportunity, Vinod is still a guest, although the contribution of his ilk to the American economy is a matter of record.
According to a recent study, 24% of all the US patents filed from the US are by foreign nationals on temporary visas. Nearly a quarter of tech companies in Silicon Valley are started by skilled professionals who came to the US on H1-B visas.
If Vinod and his type thought the new immigration bill now being debated in the US Congress could address their plight, the were mistaken. The bill, say Immigration Voice activists, has been hijacked by advocates for restricting high-skilled immigrants and those promoting vote bank politics.
"Illegal immigrants are sucking all the air in the room," adds Vikas Chowdhury, a tech professional also caught in the Green Card imbroglio. "The message from the US Senate to legal, skill based immigrants is, 'so long suckers!"
more...
iwantgc
05-08 10:51 AM
Thanks for your opinion.
I would also appreciate if someone could provide me some notes before I call them at 12 noon.
Thank you in advance.
I would also appreciate if someone could provide me some notes before I call them at 12 noon.
Thank you in advance.
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bang
01-05 07:09 AM
Otherway is, as the person status is in pending which is not illegal ----- Where did you find this from ????
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Phaedra
05-30 06:45 PM
Thanks a lot for the information.
I am just concerned about the fact that I do not have a job and have been unemployed for more than the 90 day OPT period. I'm not sure what my status is,given such a scenario.
Thanks!
I am just concerned about the fact that I do not have a job and have been unemployed for more than the 90 day OPT period. I'm not sure what my status is,given such a scenario.
Thanks!
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ja258
04-03 11:16 AM
My case was rejected with incorrect fee as reason. But my lawyer claims that the rejection packet did not have the original checks. So, they don't know whose fault it is. Any one with similar issue ?
I was just wondering how you resolved this issue. I'm in a similar situation,I mailed the correct fee for sure,but a month later my package was returned with a claim that I sent an incorrect fee. I'm so confused and not sure what to do because I know,in fact I checked the money orders (985 and 85 (biometric)) again and again before mailing it,and I even have a record of the money order now. I don't understand...
I was just wondering how you resolved this issue. I'm in a similar situation,I mailed the correct fee for sure,but a month later my package was returned with a claim that I sent an incorrect fee. I'm so confused and not sure what to do because I know,in fact I checked the money orders (985 and 85 (biometric)) again and again before mailing it,and I even have a record of the money order now. I don't understand...
more...
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india.day
09-04 01:01 PM
You must be right ... I was not anticipating this turn of events whatsoever as I knew what the current PD is in the September Visa Bulletin but maybe they assign me a visa number when they got my application in June.... who knows...
FP for me and my wife was done Aug 30th and LUD on 485 shows 31 Aug, but the description under there has not changed. So what does that mean
PD EB3 Aug 2002
FP Done: Aug 30 ,2007
EAD :15 Aug 2007
LUD 485 : 31Aug 2007
FP for me and my wife was done Aug 30th and LUD on 485 shows 31 Aug, but the description under there has not changed. So what does that mean
PD EB3 Aug 2002
FP Done: Aug 30 ,2007
EAD :15 Aug 2007
LUD 485 : 31Aug 2007
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aray
09-16 02:48 PM
There is no risk. I recently traveled and came back on AP and I changed jobs and no longer work with sponsoring employer.
There is always a nut case if you are not lucky and will probably cause some grief, but will not stop you from entering US.
surabhi,
At the Port of Entry, were you asked if you are still working for the GC sponsoring employer? Did you have to show any documentation from new employer?
I am planning to travel to India in December on AP. I recently changed jobs.
Thanks in advance.
There is always a nut case if you are not lucky and will probably cause some grief, but will not stop you from entering US.
surabhi,
At the Port of Entry, were you asked if you are still working for the GC sponsoring employer? Did you have to show any documentation from new employer?
I am planning to travel to India in December on AP. I recently changed jobs.
Thanks in advance.
more...
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SDdesi
07-10 06:40 PM
--H1-B Case History--
(2) passport coming to expiration on March, 2009
You should try to get your passport renewed before you go for stamping. You may get a visa stamp only until March 2009 which means you will have to go again through that process with your new passport (assuming your H1B approval is valid beyond March 2009)
Always, discuss with an immigration lawyer first.
(2) passport coming to expiration on March, 2009
You should try to get your passport renewed before you go for stamping. You may get a visa stamp only until March 2009 which means you will have to go again through that process with your new passport (assuming your H1B approval is valid beyond March 2009)
Always, discuss with an immigration lawyer first.
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MrWaitingGC
05-22 04:58 PM
What will happen in this case.
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bearstory
05-24 12:43 AM
Thank you everyone!
We want to get married in court ( simple) in late may, 2010 so we can fill all of the paper work but we are going to las vegas for the real ceremony in late september 2010. Do you think the USCIS will get suspicious?
We want to get married in court ( simple) in late may, 2010 so we can fill all of the paper work but we are going to las vegas for the real ceremony in late september 2010. Do you think the USCIS will get suspicious?
prdgl
07-07 09:31 PM
Hi,
I will be applying for LC in a few days. So, I want to clarify something.
My ad says MS + 1 yr of experience.
Question 1: My 1 yr will be prior to my MS so can i use this experience ?
Question 2: If so Can I show that experience worked back in my country from my very close freind who runs a small software company ?
He is willing to give me any kind of experince letter and if USCSI calls ready to answer them.
But just wondering what will be the consequences of doing this. Obviously I can't show any paystubs or W2 forms for that 1 yr.
What are the other evidences that I may require for this other than employer verification letters ?Please reply, emergency !
In which stage in GC will they look sriously (does in conitnue till i-485 stage ?)
I will be applying for LC in a few days. So, I want to clarify something.
My ad says MS + 1 yr of experience.
Question 1: My 1 yr will be prior to my MS so can i use this experience ?
Question 2: If so Can I show that experience worked back in my country from my very close freind who runs a small software company ?
He is willing to give me any kind of experince letter and if USCSI calls ready to answer them.
But just wondering what will be the consequences of doing this. Obviously I can't show any paystubs or W2 forms for that 1 yr.
What are the other evidences that I may require for this other than employer verification letters ?Please reply, emergency !
In which stage in GC will they look sriously (does in conitnue till i-485 stage ?)
walking_dude
03-28 10:39 AM
With the launching of IV Tracker tool for it's registered members, IV has taken the right step in becoming the one-stop portal for all issues related to EB immigration.
IV Tracker - http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63
Hopefully, it will limit the current practice of opening tracker threads to track the progress in processing dates etc. I also hope the tool gets extended in the future to support other features such as PIMS verification and annual EAD renewals too.
Great job, IV team, in providing such a useful tool for the benefit of our community.
IV Tracker - http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63
Hopefully, it will limit the current practice of opening tracker threads to track the progress in processing dates etc. I also hope the tool gets extended in the future to support other features such as PIMS verification and annual EAD renewals too.
Great job, IV team, in providing such a useful tool for the benefit of our community.
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