gc_wow
08-14 08:13 PM
I have recieved date july 17th 2007, Notice date sep 13th,recieved by R Williams.I have not got RFE till now, no 2nd finger printing notice. Should I go to USCIS and ask them to take a 2nd finger print.No clue that FBI Name check is cleared.WHAT TO DO?
learning01
02-23 03:06 PM
http://www.washingtonpost.com/wp-dyn/content/article/2006/02/22/AR2006022202446_pf.html
Scientist's Visa Denial Sparks Outrage in India
By Shankar Vedantam
Washington Post Staff Writer
Thursday, February 23, 2006; A01
A decision two weeks ago by a U.S. consulate in India to refuse a visa to a prominent Indian scientist has triggered heated protests in that country and set off a major diplomatic flap on the eve of President Bush's first visit to India.
The incident has also caused embarrassment at the highest reaches of the American scientific establishment, which has worked to get the State Department to issue a visa to Goverdhan Mehta, who said the U.S. consulate in the south Indian city of Chennai told him that his expertise in chemistry was deemed a threat.
In the face of outrage in India, the U.S. Embassy in New Delhi issued a highly unusual statement of regret, and yesterday the State Department said officials are reaching out to the scientist to resolve his case.
"It is very strange logic," said Mehta, reached at his home in Bangalore early this morning India time. "Someone is insulted and hurt and you ask him to come back a second round."
The consulate told Mehta "you have been denied a visa" and invited him to submit additional information, according to an official at the National Academy of Sciences who saw a copy of the document. Mehta said in a written account obtained by The Washington Post that he was humiliated, accused of "hiding things" and being dishonest, and told that his work is dangerous because of its potential applications in chemical warfare.
Mehta denied that his work has anything to do with weapons. He said that he would provide his passport if a visa were issued, but that he would do nothing further to obtain the document: "If they don't want to give me a visa, so be it."
The scientist told Indian newspapers that his dealing with the U.S. consulate was "the most degrading experience of my life." Mehta is president of the International Council for Science, a Paris-based organization comprising the national scientific academies of a number of countries. The council advocates that scientists should have free access to one another.
Visa rejections or delays for foreign academics after the Sept. 11, 2001, attacks have led to widespread complaints by U.S universities and scientific organizations, but the new incident comes when things are improving, said Wendy White, director of the Board of International Scientific Organizations. The board was set up by the National Academy of Sciences and has helped about 3,000 scientists affected by the new policies.
"This leaves a terrible impression of the United States," said White, who has seen a copy of the consulate's form letter to Mehta. In an interview yesterday, she added that top scientists had worked with senior State Department officials to reverse the decision before Bush's visit next week. "We want people to know the U.S. is an open and welcoming country."
Mehta's case has especially angered Indians because he was a director of the Indian Institute of Science and is a science adviser to India's prime minister. He has visited the United States "dozens of times," he said, and the University of Florida in Gainesville had invited him to lecture at an international conference.
State Department spokesman Justin Higgins denied yesterday that the United States had rejected Mehta's visa and said the consulate had merely followed standard procedure in dealing with applicants with certain kinds of scientific expertise.
In his written account, the scientist said that after traveling 200 miles, waiting three hours with his wife for an interview and being accused of deception, he was outraged when his accounts of his research were questioned and he was told he needed to fill out a detailed questionnaire.
"I indicated that I have no desire to subject myself to any further humiliation and asked that our passports be returned forthwith," he wrote. The consular official, Mehta added, "stamped the passports to indicate visa refusal and returned them."
Higgins declined to address why the U.S. Embassy in New Delhi had taken the unusual step of saying it "regrets" that Mehta was "upset by the visa interview process."
In its statement, the embassy said: "At the United States mission in India, and to varying degrees at every U.S. mission worldwide, certain cases involving high technology issues are among those that require review before consular officers in the field are authorized to issue a visa."
White said that issuing a visa would solve the immediate problem, but that it would be more difficult to undo the damage caused by the dispute. Mehta is a high-profile example of the hurdles imposed by the new visa procedures. They require all applicants to appear in person for interviews that are done in only a few locations in large countries such as India, White said.
"If you tell an American, 'If you want a visa to go to India, you have to go to Dallas, Chicago, L.A. or New York, and while you are there, you are going to be fingerprinted, photographed and asked about everything you have done in your research for the last 40 years,' we would find this procedure untenable as Americans," she said.
Mehta said in his written account that he had been invited by the University of Florida, where he has previously been a distinguished visiting professor. White said she expected the International Council for Science, also known as the ICSU, to issue a statement today about the case involving its president.
White and William Wulf, president of the National Academy of Engineering, acknowledged that young American consular officers in foreign countries have been under tremendous pressure since the Sept. 11 attacks.
"Making the wrong decision would be career-ending, so they play it safe, not really understanding the macroscopic implications of their decision," Wulf said. "Denying a visa to the president of ICSU is probably as dumb as you can get. This is not the way we can make friends."
�*2006*The Washington Post Company
Scientist's Visa Denial Sparks Outrage in India
By Shankar Vedantam
Washington Post Staff Writer
Thursday, February 23, 2006; A01
A decision two weeks ago by a U.S. consulate in India to refuse a visa to a prominent Indian scientist has triggered heated protests in that country and set off a major diplomatic flap on the eve of President Bush's first visit to India.
The incident has also caused embarrassment at the highest reaches of the American scientific establishment, which has worked to get the State Department to issue a visa to Goverdhan Mehta, who said the U.S. consulate in the south Indian city of Chennai told him that his expertise in chemistry was deemed a threat.
In the face of outrage in India, the U.S. Embassy in New Delhi issued a highly unusual statement of regret, and yesterday the State Department said officials are reaching out to the scientist to resolve his case.
"It is very strange logic," said Mehta, reached at his home in Bangalore early this morning India time. "Someone is insulted and hurt and you ask him to come back a second round."
The consulate told Mehta "you have been denied a visa" and invited him to submit additional information, according to an official at the National Academy of Sciences who saw a copy of the document. Mehta said in a written account obtained by The Washington Post that he was humiliated, accused of "hiding things" and being dishonest, and told that his work is dangerous because of its potential applications in chemical warfare.
Mehta denied that his work has anything to do with weapons. He said that he would provide his passport if a visa were issued, but that he would do nothing further to obtain the document: "If they don't want to give me a visa, so be it."
The scientist told Indian newspapers that his dealing with the U.S. consulate was "the most degrading experience of my life." Mehta is president of the International Council for Science, a Paris-based organization comprising the national scientific academies of a number of countries. The council advocates that scientists should have free access to one another.
Visa rejections or delays for foreign academics after the Sept. 11, 2001, attacks have led to widespread complaints by U.S universities and scientific organizations, but the new incident comes when things are improving, said Wendy White, director of the Board of International Scientific Organizations. The board was set up by the National Academy of Sciences and has helped about 3,000 scientists affected by the new policies.
"This leaves a terrible impression of the United States," said White, who has seen a copy of the consulate's form letter to Mehta. In an interview yesterday, she added that top scientists had worked with senior State Department officials to reverse the decision before Bush's visit next week. "We want people to know the U.S. is an open and welcoming country."
Mehta's case has especially angered Indians because he was a director of the Indian Institute of Science and is a science adviser to India's prime minister. He has visited the United States "dozens of times," he said, and the University of Florida in Gainesville had invited him to lecture at an international conference.
State Department spokesman Justin Higgins denied yesterday that the United States had rejected Mehta's visa and said the consulate had merely followed standard procedure in dealing with applicants with certain kinds of scientific expertise.
In his written account, the scientist said that after traveling 200 miles, waiting three hours with his wife for an interview and being accused of deception, he was outraged when his accounts of his research were questioned and he was told he needed to fill out a detailed questionnaire.
"I indicated that I have no desire to subject myself to any further humiliation and asked that our passports be returned forthwith," he wrote. The consular official, Mehta added, "stamped the passports to indicate visa refusal and returned them."
Higgins declined to address why the U.S. Embassy in New Delhi had taken the unusual step of saying it "regrets" that Mehta was "upset by the visa interview process."
In its statement, the embassy said: "At the United States mission in India, and to varying degrees at every U.S. mission worldwide, certain cases involving high technology issues are among those that require review before consular officers in the field are authorized to issue a visa."
White said that issuing a visa would solve the immediate problem, but that it would be more difficult to undo the damage caused by the dispute. Mehta is a high-profile example of the hurdles imposed by the new visa procedures. They require all applicants to appear in person for interviews that are done in only a few locations in large countries such as India, White said.
"If you tell an American, 'If you want a visa to go to India, you have to go to Dallas, Chicago, L.A. or New York, and while you are there, you are going to be fingerprinted, photographed and asked about everything you have done in your research for the last 40 years,' we would find this procedure untenable as Americans," she said.
Mehta said in his written account that he had been invited by the University of Florida, where he has previously been a distinguished visiting professor. White said she expected the International Council for Science, also known as the ICSU, to issue a statement today about the case involving its president.
White and William Wulf, president of the National Academy of Engineering, acknowledged that young American consular officers in foreign countries have been under tremendous pressure since the Sept. 11 attacks.
"Making the wrong decision would be career-ending, so they play it safe, not really understanding the macroscopic implications of their decision," Wulf said. "Denying a visa to the president of ICSU is probably as dumb as you can get. This is not the way we can make friends."
�*2006*The Washington Post Company
enver
07-12 07:37 PM
Hi Friends My lc approved under 245i 05-26-01 world wide,my question is if I file perm with new company and if Ican get 140 approved can I use my old priority lc number and apply for 485.PLEASE HELP THANKYOU.
mbawa2574
04-15 09:46 AM
My wife has ITIN till last year and we filed jointly. This year she has a social security number and we filed using social security number. Return was rejected by IRS saying that my wife's last year's AGI is wrong. Has anyone run into this ? What was the resolution ?
more...
factoryman
06-30 02:28 PM
rajes_kamisetty's post. He didn't express desperation. On the contrary. Please be kind. Charity begins at home.
There is nothing the core team can do or initiate. They can't act on assumptions. No one can.
The desperation of your post suggests that you don't need direction, you need therapy. We just need someone to give us some assurance that we will all be fine and live to see the light of the day on Tuesday even if DoS sends out a revised Visa Bulletin. At this time, I too need similar assurance from someone. Can anybody help?
There is nothing the core team can do or initiate. They can't act on assumptions. No one can.
The desperation of your post suggests that you don't need direction, you need therapy. We just need someone to give us some assurance that we will all be fine and live to see the light of the day on Tuesday even if DoS sends out a revised Visa Bulletin. At this time, I too need similar assurance from someone. Can anybody help?
gc_chahiye
11-28 01:04 AM
Hi guys,
I am a july 3 filer . I saw that there is on LUD with date of 11/25/2007 on my 140 which was approved on Jan 8,2007. My 485, EAD are still pending at NSC.
Can you guys tell me what that LUD on my 140 means?
I appreciate your help.
Your PD is still current (its still Nov.) so you never know, this might even be an approval coming soon... All the best...
I am a july 3 filer . I saw that there is on LUD with date of 11/25/2007 on my 140 which was approved on Jan 8,2007. My 485, EAD are still pending at NSC.
Can you guys tell me what that LUD on my 140 means?
I appreciate your help.
Your PD is still current (its still Nov.) so you never know, this might even be an approval coming soon... All the best...
more...
Sreeshankar
05-19 02:00 PM
Do you thing is it good idea to go for info-pass for enquiry? same time any advice for following question?
2. Processing dates for TSC-I485 shows Aug 08, 2007. Is this date recevied date or I485-Notice date?
Dear Friend,
I heard there is a TSC stream line process for pending 485s that have Pd current, and are with the TSC center. Below is the link, along with a informative link from Mr Ron Gotcher's forum. Ron has some good advises , please refer both the links. Hope this helps you in your endeavor. Best Wishes.
The Links :
http://www.laborimmigration.com/wp-content/uploads/2008/11/tsc-streamline-procedure.pdf
http://www.immigration-information.com/forums/showthread.php?p=25835
2. Processing dates for TSC-I485 shows Aug 08, 2007. Is this date recevied date or I485-Notice date?
Dear Friend,
I heard there is a TSC stream line process for pending 485s that have Pd current, and are with the TSC center. Below is the link, along with a informative link from Mr Ron Gotcher's forum. Ron has some good advises , please refer both the links. Hope this helps you in your endeavor. Best Wishes.
The Links :
http://www.laborimmigration.com/wp-content/uploads/2008/11/tsc-streamline-procedure.pdf
http://www.immigration-information.com/forums/showthread.php?p=25835
gettinthere
01-08 11:37 AM
Thanks for the confirmation!
more...
Refugee_New
05-30 05:14 PM
I e-filed my EAD renewal yesterday and got the reciept copy.
Now what are the documents i should send USCIS? Do you guys have the list of documents to be mailed for EAD renewal?
Now what are the documents i should send USCIS? Do you guys have the list of documents to be mailed for EAD renewal?
ashkam
10-16 01:27 PM
- 485/765/131 submitted in Aug. Receipts are in with Oct 1 as the date. Why would they mark a date in October on the notice even though they physically received the applications on Aug 15th?
There should be two dates on your receipt notice, the receipt date : august and the notice date : october. If both are October, you need to contact t he USCIS.
- Should I be receiving an EAD 90 days from Aug 15th or Oct 1?
Aug 15
- My H1 will expire by the end of the year. Should I be concerned? Do I have to do anything if I receive the EAD before it expires? Assume a case where I get my EAD approved and for some reason, my wife who is on H1, fails to get her EAD before the end of this year. Do I have to file for her extension, or take some other action?
You should be getting your EAD by then otherwise you have to extend your H1B if you want to continue working. Once you get your EAD, update the form I-9 with your employer. As to your wife, you have to do nothing.
- When can a person safely switch his/her employer? 180 days after filing the application or after receiving I485 approval?
180 days after filing ( receipt date)
- Can a spouse work on the basis of the receipt notice from USCIS, or does she need to have the EAD approval?
She needs EAD approval and the physical card present with her
- How long (currently) would it take to receive the Green Card in hand? Are there enough numbers available with USCIS to allot GCs to almost everyone who qualifies?
No idea.
- Would I get the fingerprinting notice directly or would my employer receive it?
You will receive it
- What other formalities would be left after (assuming) 485/765 are approved?
Wait for the green card
- Does anyone know of a good site that shows a workflow of all these stages in a Green Card process?
Here (http://www.ilw.com/seminars/august2002_citation2b.pdf).
There should be two dates on your receipt notice, the receipt date : august and the notice date : october. If both are October, you need to contact t he USCIS.
- Should I be receiving an EAD 90 days from Aug 15th or Oct 1?
Aug 15
- My H1 will expire by the end of the year. Should I be concerned? Do I have to do anything if I receive the EAD before it expires? Assume a case where I get my EAD approved and for some reason, my wife who is on H1, fails to get her EAD before the end of this year. Do I have to file for her extension, or take some other action?
You should be getting your EAD by then otherwise you have to extend your H1B if you want to continue working. Once you get your EAD, update the form I-9 with your employer. As to your wife, you have to do nothing.
- When can a person safely switch his/her employer? 180 days after filing the application or after receiving I485 approval?
180 days after filing ( receipt date)
- Can a spouse work on the basis of the receipt notice from USCIS, or does she need to have the EAD approval?
She needs EAD approval and the physical card present with her
- How long (currently) would it take to receive the Green Card in hand? Are there enough numbers available with USCIS to allot GCs to almost everyone who qualifies?
No idea.
- Would I get the fingerprinting notice directly or would my employer receive it?
You will receive it
- What other formalities would be left after (assuming) 485/765 are approved?
Wait for the green card
- Does anyone know of a good site that shows a workflow of all these stages in a Green Card process?
Here (http://www.ilw.com/seminars/august2002_citation2b.pdf).
more...
Britsabroad
December 3rd, 2008, 08:00 PM
Ed - Dang. Wish I hadnt chickened out! I could have handled what you went through... Ordred thru amazon (d300 and 24-70 2.8) It will be interesting to compare notes over time...
Owen
Owen
sundarpn
04-20 01:24 PM
Student79,
Are you doing a COS from H4 to F-1 or is your spouse going to India and getting F-1 stamped directly?
Question:
If one applied for a new F-1 at the consulate and for whatever reason F-1 is denied, can she return back on H-4 visa that's already stamped.?
The F-1 at the consulate - you get to know immediately rather than wait in limbo for H4 to F-1 COS.
And if H4 to F-1 COS get approved in the middle of a semester when one is taking less then full time load, what happens?
Are you doing a COS from H4 to F-1 or is your spouse going to India and getting F-1 stamped directly?
Question:
If one applied for a new F-1 at the consulate and for whatever reason F-1 is denied, can she return back on H-4 visa that's already stamped.?
The F-1 at the consulate - you get to know immediately rather than wait in limbo for H4 to F-1 COS.
And if H4 to F-1 COS get approved in the middle of a semester when one is taking less then full time load, what happens?
more...
pamposh
08-12 02:03 PM
I talked to an IO at TSC couple of days back and she said 180 day rule does not hold yet, it starts only after Feb 09. And that my 485 can only be processes if NC is cleared (yes mine is still pending, wondering why :confused:).
PD Sep 05.
PD Sep 05.
gcdreamer05
11-19 10:51 AM
I think USPS does not forward mails when the mail says "return service requested" .
Yes USPS will not forward the mails from USCIS. Please ask usps before you start relying on this.
Yes USPS will not forward the mails from USCIS. Please ask usps before you start relying on this.
more...
RamK
09-24 02:09 PM
Thanks for all your replies. Your information is helpful. I will talk to an attorney and will take a decision.
liberty
10-25 09:23 PM
Are the kids allowed in the office?
more...
Macaca
02-08 09:28 AM
Can L1A/B apply for GC? Any differences in GC process for L1A/B? Thanks.
485_spouse
07-20 03:09 PM
Atleast that is one thing good in California. May be because we pay the highest state taxes in the nation next to NY. If you are living in the border areas. check with IL or IN about their feee schedule and explore if she could enroll in one of the colleges there. Most of the states in midwest grant instate tution to residents of neighbouring states who are in the neighbourhood counties. I know for sure that Indiana does. They also charge instate tution for spouses since you are a resident of the state.
The law states that you will be charged instate tution if you are a resident of the state by virtue of living in the state except in cases where you come to the state to get education. Check it again for Michigan and expore the neighbouring states as well. Best of luck.
If you wants to study to become a teacher in Illinois you need SSN and autorization to work. My wife is on H4 and not able to study/teach.
The law states that you will be charged instate tution if you are a resident of the state by virtue of living in the state except in cases where you come to the state to get education. Check it again for Michigan and expore the neighbouring states as well. Best of luck.
If you wants to study to become a teacher in Illinois you need SSN and autorization to work. My wife is on H4 and not able to study/teach.
bluekayal
10-20 04:06 AM
that sounds good. She/ you should be OK.
sbmallik
10-19 10:13 AM
Answers below:
1. Once the I-140 was approved on your behalf, you get to keep the priority date unless the petition is judged as fraud or misrepresentation (per this forum). This is true even if the employer revokes the approved I-140. Keep a copy of I-140 and you should be fine.
2. The job titile need not match exactly, only the category needs to be same (per your labor certification document) - please check out this link (http://www.flcdatacenter.com/OesWizardStart.aspx). Select your job category and locate the job code and make sure the new job has the 'similar' code.
3. Also, starting a new GC process is not linked with the existing I-140 in other words there is no temporal constraint.
4. Not heard about that.
1. Once the I-140 was approved on your behalf, you get to keep the priority date unless the petition is judged as fraud or misrepresentation (per this forum). This is true even if the employer revokes the approved I-140. Keep a copy of I-140 and you should be fine.
2. The job titile need not match exactly, only the category needs to be same (per your labor certification document) - please check out this link (http://www.flcdatacenter.com/OesWizardStart.aspx). Select your job category and locate the job code and make sure the new job has the 'similar' code.
3. Also, starting a new GC process is not linked with the existing I-140 in other words there is no temporal constraint.
4. Not heard about that.
agv
03-19 11:45 AM
I came in USA on H1 visa and continued in that status till 2008 (six years). Company A sponsored a green card for me in 2003 for a position different than the one on my H1B based on future employment opportunity/position. My I-140 was approved in early 2007 and after applying for my I-485, I got my EAD and AP in August 2007. However since I was working on H1B with another company at that time, which was valid till June 2008, I did not use my EAD and worked till my H1B lasted. As my H1B expired, my status while living in US as per my lawyer changed to AOS pending.
I took a couple of months off and visited India. Came back to US without a problem using my AP. Looked to start a business but did not succeed due to economic condition. I still maintained an honest intent to join the sponsoring employer when I get my GC and vice- versa with regard to the sponsoring employer. To earn living therefore, I joined another company for a couple months in a similar field using my EAD but did not use AC21 (as a full time primary job). That job did not last long and now I am again looking for employment opportunity.
I visited my lawyer recently with current situation and a few questions and he said I can be in deep trouble - being unemployed mostly since leaving my H1B status and having worked for another company for those few weeks in a job capacity that was a bit different than the one on my petition. He said I could be deported too if my luck is bad in this case. I request you to advise me whether what happened was really wrong and if I can correct it anyway? As corrective measure, my lawyer says that with immediate effect either I should join the green card sponsoring employer or find another employer with similar job offer (willing to port my Green card) - to avoid hard quuestions with USCIS. In this economy, nobody wants to take extra burden. But I spoke with my GC sponsor. He said the job is there for me like before and he is willing to write a letter of intent to hire me on permanent basis currently or in future if required to whosoever concerned but would prefer to wait a few months giving the crunch in business these days.
WHAT SHOULD I DO? Would the letter suffice the honest intent on both sides regarding the employment offer? Can I afford to take a little more time find a simmilar job? PLEASE SUGGEST.
I came in USA on H1 visa and continued in that status till 2008 (six years). Company A sponsored a green card for me in 2003 for a position different than the one on my H1B based on future employment opportunity/position. My I-140 was approved in early 2007 and after applying for my I-485, I got my EAD and AP in August 2007. However since I was working on H1B with another company at that time, which was valid till June 2008, I did not use my EAD and worked till my H1B lasted. As my H1B expired, my status while living in US as per my lawyer changed to AOS pending.
I took a couple of months off and visited India. Came back to US without a problem using my AP. Looked to start a business but did not succeed due to economic condition. I still maintained an honest intent to join the sponsoring employer when I get my GC and vice- versa with regard to the sponsoring employer. To earn living therefore, I joined another company for a couple months in a similar field using my EAD but did not use AC21 (as a full time primary job). That job did not last long and now I am again looking for employment opportunity.
I visited my lawyer recently with current situation and a few questions and he said I can be in deep trouble - being unemployed mostly since leaving my H1B status and having worked for another company for those few weeks in a job capacity that was a bit different than the one on my petition. He said I could be deported too if my luck is bad in this case. I request you to advise me whether what happened was really wrong and if I can correct it anyway? As corrective measure, my lawyer says that with immediate effect either I should join the green card sponsoring employer or find another employer with similar job offer (willing to port my Green card) - to avoid hard quuestions with USCIS. In this economy, nobody wants to take extra burden. But I spoke with my GC sponsor. He said the job is there for me like before and he is willing to write a letter of intent to hire me on permanent basis currently or in future if required to whosoever concerned but would prefer to wait a few months giving the crunch in business these days.
WHAT SHOULD I DO? Would the letter suffice the honest intent on both sides regarding the employment offer? Can I afford to take a little more time find a simmilar job? PLEASE SUGGEST.
I took a couple of months off and visited India. Came back to US without a problem using my AP. Looked to start a business but did not succeed due to economic condition. I still maintained an honest intent to join the sponsoring employer when I get my GC and vice- versa with regard to the sponsoring employer. To earn living therefore, I joined another company for a couple months in a similar field using my EAD but did not use AC21 (as a full time primary job). That job did not last long and now I am again looking for employment opportunity.
I visited my lawyer recently with current situation and a few questions and he said I can be in deep trouble - being unemployed mostly since leaving my H1B status and having worked for another company for those few weeks in a job capacity that was a bit different than the one on my petition. He said I could be deported too if my luck is bad in this case. I request you to advise me whether what happened was really wrong and if I can correct it anyway? As corrective measure, my lawyer says that with immediate effect either I should join the green card sponsoring employer or find another employer with similar job offer (willing to port my Green card) - to avoid hard quuestions with USCIS. In this economy, nobody wants to take extra burden. But I spoke with my GC sponsor. He said the job is there for me like before and he is willing to write a letter of intent to hire me on permanent basis currently or in future if required to whosoever concerned but would prefer to wait a few months giving the crunch in business these days.
WHAT SHOULD I DO? Would the letter suffice the honest intent on both sides regarding the employment offer? Can I afford to take a little more time find a simmilar job? PLEASE SUGGEST.
I came in USA on H1 visa and continued in that status till 2008 (six years). Company A sponsored a green card for me in 2003 for a position different than the one on my H1B based on future employment opportunity/position. My I-140 was approved in early 2007 and after applying for my I-485, I got my EAD and AP in August 2007. However since I was working on H1B with another company at that time, which was valid till June 2008, I did not use my EAD and worked till my H1B lasted. As my H1B expired, my status while living in US as per my lawyer changed to AOS pending.
I took a couple of months off and visited India. Came back to US without a problem using my AP. Looked to start a business but did not succeed due to economic condition. I still maintained an honest intent to join the sponsoring employer when I get my GC and vice- versa with regard to the sponsoring employer. To earn living therefore, I joined another company for a couple months in a similar field using my EAD but did not use AC21 (as a full time primary job). That job did not last long and now I am again looking for employment opportunity.
I visited my lawyer recently with current situation and a few questions and he said I can be in deep trouble - being unemployed mostly since leaving my H1B status and having worked for another company for those few weeks in a job capacity that was a bit different than the one on my petition. He said I could be deported too if my luck is bad in this case. I request you to advise me whether what happened was really wrong and if I can correct it anyway? As corrective measure, my lawyer says that with immediate effect either I should join the green card sponsoring employer or find another employer with similar job offer (willing to port my Green card) - to avoid hard quuestions with USCIS. In this economy, nobody wants to take extra burden. But I spoke with my GC sponsor. He said the job is there for me like before and he is willing to write a letter of intent to hire me on permanent basis currently or in future if required to whosoever concerned but would prefer to wait a few months giving the crunch in business these days.
WHAT SHOULD I DO? Would the letter suffice the honest intent on both sides regarding the employment offer? Can I afford to take a little more time find a simmilar job? PLEASE SUGGEST.
