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| Hello, I'm MrVulcan
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I am from Sweden
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I last logged in 14 hours 21 minutes ago
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I have been a member since 07 Feb 2007
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| I have added
1157 posts in trackitt forums
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I added my last post on 21 Nov 2008
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MrVulcan's Immigration Cases
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| I-140 case:
Approved in 5 days (37 comments) (View approval trend) |
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| User: |
MrVulcan |
Labor Filing Date: |
06 Feb 2007 |
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| Service Center: |
Texas |
Processing Type: |
premium |
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| Category: |
EB2 |
Filing Type: |
concurrent |
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| Application Mailed: |
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USCIS Received Date: |
15 Mar 2007 |
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| USCIS Notice Date: |
19 Mar 2007 |
RFE: |
yes |
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| RFE Reply Date: |
05 Jun 2007 |
I-140 Status: |
approved |
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| Approval Date: |
20 Mar 2007 |
Nationality: |
Sweden |
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| Last Updated: |
18 Jun 2007 |
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| Notes: |
LUD 485: 3/19, 4/12, 4/26, 4/27, 5/29 (RFE rcvd 6/4 TB skin test), 5/30, 6/8 (USCIS rcvd reply, FedEx said 6/6), 6/10, 6/12 (Card prod ordered), 6/13 (Appr. notice sent), 6/14, 6/15 (card mailed), 6/16 140: 3/24, 4/26, 4/27 |
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*This is the average approval time in the last one year for cases with no RFE. (RFE = Request For Evidence)
| I-485 case:
Approved in 89 days (269 days less than average*) (43 comments) (View approval trend) |
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| User: |
MrVulcan |
Priority Date: |
06 Feb 2007 |
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| Service Center: |
Texas |
Category: |
EB2 |
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| Application Mailed: |
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USCIS Received Date: |
15 Mar 2007 |
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| USCIS Notice Date: |
19 Mar 2007 |
Filing Type: |
concurrent |
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| I-140 Processing: |
premium |
I-140 Approval Date: |
20 Mar 2007 |
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| Fingerprinting Date 1: |
11 Apr 2007 |
Fingerprinting Date 2: |
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| RFE: |
yes |
RFE Reply Date: |
05 Jun 2007 |
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| Name Check Status: |
not sure |
Name Check Approval/Denial Date: |
N/A |
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| I-485 Status: |
approved |
Approval Date: |
12 Jun 2007 |
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| Card Ordered Date: |
12 Jun 2007 |
Card Received Date: |
18 Jun 2007 |
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| EAD Applied: |
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AP Applied: |
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| EAD Approval Date: |
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AP Approval Date: |
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| Nationality: |
Sweden |
Country of Chargeability: |
- |
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| Applicant Type: |
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Last Updated: |
18 Jun 2007 |
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| Notes: |
LUD 485: 3/19, 4/12, 4/26, 4/27, 5/29 (RFE rcvd 6/4 TB skin test), 5/30, 6/8 (USCIS rcvd reply, FedEx said 6/6), 6/10, 6/12 (Card prod ordered), 6/13 (Appr. notice sent), 6/14, 6/15 (card mailed), 6/16 140: 3/24, 4/26, 4/27 |
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*This is the average approval time in the last one year for cases with no RFE. (RFE = Request For Evidence)
| Chicago PERM case:
Certified in 3 days (71 days less than average*) (7 comments) (View approval trend) |
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| User: |
MrVulcan |
PERM Filing Date: |
06 Feb 2007 |
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| Audit: |
no |
Category: |
EB2 |
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| Audit Reply Date: |
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Status: |
certified |
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| Certification Date: |
09 Feb 2007 |
Nationality: |
Sweden |
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| Last Updated: |
14 Feb 2007 |
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| Notes: |
MS or BS + 5 |
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*This is the average approval time in the last one year for cases with no audit. |
Topic: With EAD, Without SSN, cannot work!!!
I don't think the answers that you have gotten are entirely correct.
The problem is that your employer (the University) can not withhold taxes for you if they have no SSN. And if they cannot withold taxes they cannot pay you. And if they cannot pay you they will not put you on the payrole/hire you.
Many smaller companies find ways around it like letting you work but not paying you until you get the SSN, or by withholding the tax but not paying it in until they get the SSN. Bigger employers, like Universities are reluctant to do that as they could get into trouble if someone doesn't get a SSN for instance.
The reason your SSN is delayed is that the social security office needs to check that your EAD is not fake, and that it has not been revoked. They have a database to do that, but it takes a few days/weeks for USCIS to update that database. When I got my GC I went to the social security office the next day, and I had to wait 1-2 weeks extra because their database was not updated yet. They took a copy of the card and sent the SS Card as soon as they could verify it. My wife (then girlfriend) had had her GC for almost a year, and they could verify it on the spot.
I got my SS Card in just under three weeks, and I would expect you would get yours in between 2-4 weeks. Call them each week and check if the card has been verified to make sure they donät forget it. You should have gotten a paper that says that you have applied for a SSN and that it is pending verification. Show it to your employer and se if that changes their mind. If not I think you just have to wait. If they have already accepted your application, and it is pending USCIS verification, a letter from the employer will make no difference unless the social security office explicitly asked for it.
BTW. "Uncle Sam" means the US government. |
Topic: International Travel after GC
1) No you don't need to file it with USCIS, but if you can get a letter from your employer stating your salary and work duties (same or similar as LC) that would be great. If they can back date it before your approval date and state that they assume the sponsorship from Y according to AC21 (would not mean any cost or further obligations to X than offer you the job you already have) that would be even greater. I would spend 1-2 hours with a lawyer to make sure you get all the wordings right in case you would need it if/when you apply for citizenship.
2) If you can get the documentation mentioned in 1, there will be no need to work for Y.
3) If you can get the documentation mentioned in 1, company Y can not force you to do anything. if you want to work for Z that is fine, but it is your choice.
As I see it, get a few papers from X as described in 1 and you are fine and a free man. |
Topic: International Travel after GC
Who are you employed by now? X, Y or someone else? Have you ever worked and gotten paid by Y after you got your GC?
I see two favorable scenarios for you. Let me know if any of them apply:
1) You have actually worked for Y and gotten paid after you were approved, and they can no longer find work for you and you are therefor on Leave withou pay or laid of. This would be no problem as the intention was there but the economic circumstances changed. In this case theer are no issues in moving on to other employer.
2) Y was never able to give you a job, so you are still with X doing same or similar job as you were offered at Y. Since your I-485 was pending over 180 days, you were free to change sponsor using AC21. As AC21 does not require you to proactivly inform USCIS if/when you change emplorer, you can refer to AC21 and changing sponsor to X if USCIS would ever question why you never worked for Y. In this scenario you are free to either stay with X or to change to any other employer you want, even if many lawyers would recommend you to stay with X for 6-12 months.
If neither of the above scenarios are true you should collect docummentation that Y has made serious efforts to get you on the payroll, that it is and has been their intention to employ you, and your intention to work there, but that the current economic situation has prevented that. If you do that, you should also be ablo to move on to work for any employer.
Remember that you are now a Permanent Resident, and any H1B restrictions are gone as your H1B has automatically been canceled. You can work for anyone you want that wants to hire you, or not work at all if you wish. Your only issue would be to make sure you can show that either Y or X (through AC21) was sponsoring you and there was a real job or job offer.
To get peace of mind I recommend that you get a one hour session with an immigration lawyer to clear out your issues and options. It's my laymans opinion that you are fine, but a lawyer can go through it and make sure you have all the paperwork that you may need in the future. |
Topic: does maryland driver license also mark as TEMPORARY?
Sabr,
You will get a "real" one without temp. As I read the link above, they only give provisional drivers licenses to new drivers ( less than 18 months) regardless of citizenship. Also, as far as I know, and it is confirmed by the link above, MD does not check immigration status. They accept EAD or GC as a form of ID but they don't require it if you for instance have SS card and DL from another US state.
A friend of mine moved from MD to CO, and since MD does not check immigration status, CO required her to prove her status to be able to transfer even though she is a USC. The weird part was that they didn't want to accept her birth certificate from Washington D.C. as proof as a) D.C. is not a state (just the nations capital) b) it said Certificate of Birth instead of Birth certificate. |
Topic: What is a LUD???
The initial post talked about one having to log in every day to catch a soft LUD....thats why I was asking.
You can log in as often or as seldom as you want. The point though is that you will not be notified of a soft LUD (you only get emails about hard LUDs). If you for instance log in every 2 weeks, you will see the latest soft LUD but you will not know if that was the only LUD during that period or if there were more. Eg. You log in today for the first time sine 11/5/2008 and you have a LUD on 11/14/2008, you may also have had LUDs on 11/12/2008 and 11/13/2008 but there is no way to know. One LUD may mean the case was just moved from one place to another, while LUDs on three consequtive days most likely means someone is working on the case. |
Topic: I GOT IT!!! DOBRA'S GOT IT!!!
Congratulations!
Live long and prosper! |
Topic: Urgent Help Needed!!!!!! IO with State Police at home today morning.
bluekayal,
You said it is previous employer mistake, No it is not , Generally Employer has to inform to labour department after company layoff employees or fire them . his company informed to Gov as they want clean their hands. ( All Desi companies never do this).
You don't have to report to the USCIS if you lay of an EAD worker, but it is not wrong to do it either. The mistake that was made was to report to ICE instead of USCIS, and to mention expired H1B visa. ICE would do what they did, with the police drama and all, while USCIS knowing the rules of legal immigration would just send a letter with RFE, Noid, or in worst case denial (or if they missed the letter from the employer, approval) to find out about any potential new employer.
Applying for unemployment benefits had nothing to do with it. As long as you give them correct and complete information they will decide if you are eligible or not and deny or approve the claim. Witholding information or giving false information would cause sever probloms though, as with any government agency. |
Topic: Issue with Dependent : Legal status
dontknowwhen,
What I meant is that if you enter using H1B visa you will be in H1B status, but if you then use EAD you will lose that status until the next time you enter the country or extend/transfer the H1B visa.
YahooGC,
As long as you work for the H1B employer only and the H1B does not expire. You will be in H1B status. But if you work for another employer using your EAD your H1B is invalidated. The only way USCIS will find out though is if they ask for tax returns or if they audit the employers I-9 forms, and that is rare. In most cases the USCIS will not know nor care, but if I-485 is denied for some reason, you may want your H1B status to be absolutely kosher. |
Topic: Issue with Dependent : Legal status
It's that simple. As long as the visa is valid you can leave and come back in H1B/H4 status. Of course if you work on EAD after coming back you get back to where you started.... |
Topic: Letter recd from National Visa Center for spouse
Sorry to hear about your lawyers. My wife had experiences like that too. The lawyer was fast to take the payment and delayed anything else. She finally changed lawyers.
She ended up with Stern, Elkind, Curry & Alterman in Denver, CO (ww.secimmigration.com) and got her GC superfast (the other lawyer didn't even get around to file in 2 years). I ended up using the same law firm for my GC too. (We both got our GCs individually before we got married.)
It may sometimes be hard to get a hold of the lawyer with them too, but we always got a reply from either the lawyer or more often the knowledgable paralegal the same or next businessday.
I would considerchanging lawyers if they don't give you good service. |
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