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jushumu786's Immigration Cases

Just got approval and a week later got the physical 'Green Card'. It was a long wait of agony, uncertainty and humiliation. I know how it feels for those who are still waiting. Please know for sure you all will be free one day. I had lost all my hopes at one point but still had faith that there is some one some where who will reward my hard work and the struggle for survival. You all will be green sooner not later. There is always rainbow after rain, there is dawn after dark.

I have decided to visit my sick parents after about 7 & half years next week; please guide/give me the link where it talks about the things I should do after receiving GC and cautions, if any while going out of the US with GC.

Your help is highly appreciated as always.

Just received a letter from USCIS that my case is pending because of uncleared Background Check.

May be it's a good news for me that they haven't found yet that I have changed my job before 180 days (on 170 th day). I had to do that because my sponsoring company got collased and finally was closed following a criminal case agaist the CEO. I got new job next day (07/23/07) with similar job description. I knew my sponsoring company will not survive, so I kept one job offer in hand. All I was trying to stay until 180 days but finally all failed.

My lawyer keep saying, 'you better do not invoke AC 21, it will just pinpoint or show the problem more than anything. Do not dig your own grave, you better keep quiet. If you are lucky they may not notice it and you will get your GC."

It's been 5 and half months gone I have joined the new company but I did not tell USCIS about this change but I changed my address (new state) and got my H1B with the new company (I do have EAD and AP with I-485 ).

Now I am contemplating, should I go with the lawyer (who does not take responsibility about my I-485 any more), try my luck or I should invoke Ac 21 explaining all events. please help me with your advice.

Changed my address (AR 11) online @ USCIS site on 9/7/07. Got just an update for I- 485 on 9/14/07 saying nothing in explanation. What is it, update for address change or they are working on it? Anybody has experience on changing address online? Pls share.

What I know from my lawyer, only H visa allows someone to have dual status. Like one can have status no. 1 by EAD (i.e for pending I 485) and status no. 2 by H1B. All other visas are expired once the new status gets approved. Like F1 gets invalid immediately after OPT comes into picture.

If some one goes out of USA, returns with AP and doesn't get H1B stamped in the consular office, his H1B is still valid for the primary job. But after coming back to USA with AP without H1 stamping, if he joins new company, H1B transfer won't work; he has to apply for a new H1B (cap issue comes in a picture now) unless he takes the risk of joining new job with EAD. Joining with EAD is okay but if down the road, I-485 gets denied then he loses his status. That's why my lawyer suggested to get H1B transfered for new job as a safety measure.

Hi Alex,

My I -485 is pending for 150 days now. My I-140 is approved. I have to change my employer before 180 days. I had lots of debate with my employer if he could keep me until 180 days; but company is not doing good at all. Can you please post the link where it says one should stay with the sponsoring employer at least first 180 days from the date of I-485 filing. This document may change my employer's mind. Please help, he just have to give me one more pay check, that's all.

In worst case scenario, I will be moving out to a different state by transferring my H1B to a new job with similar position and same job description, little higher salary though. Should I inform the USCIS about the address change or get a G 28 done by my lawyer. If I change my address to a totally different state, then it becomes obvious that I have changed my job. To be honest, I am trying to take the benefit of doubt here, as if USCIS will think that I am still with the same sponsoring employer and they will continue my I-485 processing just as it is. After about 180 days, I am planing to submit AC21. I guess I still have to worry about RFEs that may arrive within next 30 days in my absence from the current job with questions like job switching, last pay stub etc.

Am I playing safe; any safety tips? Pls give me your expert opinion.

Thanks in advance.

Thanks for your advise. Yes my 1-140 is approved. I will try to stay with the current employer as long as I can towards 180 days. Can you shade light on 'address change', 'Benefit of Doubt' issues that I discussed in my mail. Thanks.

My I -485 is pending for 150 days now. I have to change my employer before 180 days. I had lots of debate with my employer if he could keep me until 180 days; but company is not doing good at all. Can some one please post the link where it says one should stay with the sponsoring employer at least first 180 days from the date of I-485 filing. This document may change my employer's mind. Please help, he just have to give me one more pay check, that's all.

In worst case scenario, I will be moving out to a different state by transferring my H1B to a new job with similar position and same job description, little higher salary though. Should I inform the USCIS about the address change or get a G 28 done by my lawyer. If I change my address to a totally different state, then it becomes obvious that I have changed my job. To be honest, I am trying to take the benefit of doubt here, as if USCIS will think that I am still with the same sponsoring employer and they will continue my I-485 processing just as it is. After about 180 days I am planing to submit AC21. I guess I have to worry about any RFE that may arrive with questions about initial sponsoring job, pay check etc.

Am I playing safe; any safety tips? Pls advice.

Thanks in advance.

Not really; someone says you acually do not have any time in between. You have to get transfered while you are in HIB. Someone says ASAP. Some says within 10 days. One of friend filed new H1B (once got fired from old job) after 60 days, that's when he could find a new job and USCIS apporved that. I really do not have the answer.Please keep me posted. Thanks.

Thanks for your comment; I will try to work according to your plan.

Yes For sure, he won't do it. I am more worring about RFEs related to pay stubs or something called I 121 (not sure about the form number), just before issuing the GC, they ask the employer whether he still wants to continue sponsoring. Do you have any idea about something like that.

Thanks for your hyperlinks. That gave me some hope. Immigration is very complex and each case is unique. There are lots of gray areas in the law too. Definitely lawers play a great role. Thanks for your concern.

Only thing left is I-485 approval. Filed under USCIS (Texas), received date is 1/29/07. Got AP and EAD. Finger printing (first and only) against I-485 was done on 2/16/07. So far has 2 updates on I-485: 5/10/07, 5/15/07 but doesn't say anything in the USCIS status check portfolio.

Tomorrow (6/1/07 ) will receive my last pay check (end of MAY check). Present employer got involved into some kind of malpractice cases, business has gone real bad, no revenue so can not pay the salary/sponsor me any longer. I have valid H1B, but no stamp in the passport. Luckily got a job offer but starting date is on mid August '07. My family (wife and 8yr old boy) is currently out of USA, they used AP. Also 10 month old boy is with his mom has American passport.

This is only about 122 days after the date of applicaion was received by USCIS. So if I have to leave the job before 180 days and move to a different state (change in address) how can I salvage I -485? More so now how can I remain in status?

Someone suggested, take leave without pay for remaining days to make it 181 days (about 2 months), immidiately file H1B transfer under new emplyer, let not inform anything to USCIS...see how it goes. What is the flaws and risk to this plan? How should my family now get back to USA?

Any expert opinion or thoughts from previous experience? I would appreciate all your inputs .

Sincerely,
jushumu

I will get my last paycheck tomorrow, 6/1/07 (end of MAY check). I have a job (Physician Assistant ) offer in a different state that requires state practicing license before I can start the job. Even if I file a H1B trnasfer right away within next 7-10 days, I can not start the job until mid August'07 because it takes good 2-3 months for the state to approve practicing license.

Q 1. Will I be safe just because I will file H1B transfer within a next 2 weeks? I will definitely make it a certified mail with signature confirmation. How would I justify June, July' and August 07? Seems like I will be job less during these 3 months. Am I getting out of status.

Q 2. How many days/months does USCIS allows in between H1B transfer.

Q 3. My present employer is helpful but business is bad and he does'nt have money to pay my salary. Acually he may have to close the practice. But I insisted him on keeping me in his payroll until he closes all down, so that I can maintain H1B until my new job. Can he just pay me a salary of 100-200 $ /month against few hours of work per week. Or does he have to pay strictly the prevailing wage that I started with? Because I know, one can have multiple H1Bs for multiple part time jobs with small salary.

I appreciate your thoughts in this regard.

Hi trs80,

Seems like you have pretty good experience about H1B transfer. I will get my last paycheck tomorrow, 6/1/07 (end of MAY check). I have a job (Physician Assistant ) offer in a different state that requires state practicing license before I can start the job. Even if I file a H1B trnasfer right away within next 7-10 days, I can not start the job until mid August'07 because it takes good 2-3 months for the state to approve practicing license.

Q 1. Am I safe just because I have filed H1B transfer. I will definitely make certified mail with signature confirmation. How would I justify June, July' and August 07? Seems like I will be job less during these 3 months. Am I getting out of status.

Q 2. How many days/months does USCIS allows in between H1B transfer.

Q 3. My present employer is helpful but business is bad and he does'nt have money to pay my salary. Acually he may have to close the practice. But I insisted him on keeping me in his payroll until he closes all down, so that I can maintain H1B until my new job. Can he just pay me a salary of 100-200 $ /month against few hours of work per week. Or does he have to pay strictly the prevailing wage that I started with? Because I know, one can have multiple H1Bs for multiple part time jobs with small salary.

I appreciate your thoughts in this regard.

Member Profile: jushumu786 (14 posts)