This is why we keep close watch on Congress. Looks like the Agjobs amendment tagged to this bill is drawing lot of attention and negative publicity. So, you might have to get another affidavit from your parents that specifically states that your birth was registered incorrectly (it could happen if you were born at home and not a hospital or so they could claim). You obviously cannot correct all other docs. If you did, ASK YOUR LAWYERS if there is a problem and a way out. but on CBSE website they say they can change the DOB but only if I had finished 10th in the last two years.Ĭan somebody please suggest what to do since I can be ready if i get RFE. But Now when I read all the forums I think I should have send the affidavit which should have said that 20th was right but I did not know that uscis gives more importance to BC date instead of dates on other documents.ĭoes somebody know what uscis might do? Should I support 17th or 20th date now? and if 20th then is it possible date on school certificate, DL can be changed? I finished my 10th in 1990 and CBSE board. My BC has 20th August as date of birth but from my school certificate,PP, DL all have 17th August date and I have send an affidavit with I-485 from my parents that I was born on 17th August. I am in a similar position, I have applied for my I-485 last july and PD is Jan 2007, I haven't got any RFE yet but reading all the posts I think I might get one for BC. I dont think anyone is going to get their 485 approved in less than 180 days. However, the chances of the situation coming to that is very unlikely. Now, if your 485 gets approved in less than 180 days (which is unlikely because they are never that fast and plus the dates have to be current), then YES, you have to go to work for your employer for at least a couple of months as soon as your 485 is approved. That's because the option of using AC21 portability is available only AFTER 180 days, not before that. Now, about having to work for your ex-employer because you filing 485 based on approved labor and 140 that was sponsored by your ex-employer, here is the deal : If 180 days have passed since your 485 is pending and if your greencard is approved after that (after 180 days of 485 filing) then you do not have to go back to your ex-employer. After 180 days have passed, if USCIS asks and sends RFE about "who is going to hire you after getting GC", you can exercise your AC21 option and produce a letter from your current employer (whomever you are working for at the time) that they intend to keep your employed after you get GC. That's because you need him to write a letter that "yes I intend to hire this guy" should USCIS ask him that again during the intial 180 days. You need to maintain good relations with this employer if he files your 485 at least for 180 days after its filed. Also, one last thing if you go thru this route. (However if you also apply for EAD, then maybe you have to join the ex employer who files your 485 at least during the intial 180 days after 485 is filed, please do check with your lawyer). You can continue working where you are working right now. If you have a good lawyer, go thru him.Īlso, keep in mind that you dont have to start working for him just because he is filing your 485 based on labor/140 that he sponsored. Other than that, it is possible to do the whole thing by yourself either thru your own lawyer or by doing it yourself. When I say "Thru him" all you need from him is a letter on company letter head from the boss/HR that still intend to hire you when you get your greencard. Contact your ex employer and file the greencard thru him. I wouldnt trust prayers when it comes to immigration process.Ībout options (2) and (3), its surely a great option. (1) is surely an option if you think your prayers are strong enough. If answer to question 2 is 'yes', do I need to go back and work for old employer ever (before or after getting green card)? What are the documents I would need from old employer.ģ. Can I file my I-485 with old employer while working with new employer. Do I stand a chance there, with advertisement publishing and other formalities?Ģ. Then file for I-140 and I-485 concurrently. Filing new labour and pray to get approved before end of August. With the priority dates being current for July (and probably for August too), what are the options I have:ġ. I have not started the GC process with new employer and am in good terms with old employer. I changed my job in April and was hoping to get the priority date transferred to with new labour and I-140 from new employer. I had my PERM labour and I-140 approved with priority date Dec 2005 in EB2 category.
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