kondur_007
09-22 09:58 AM
I have a pending I-485 application (EB-3) and effective Oct 1, my PD will be current. My application has been pending for more than six months already so I will be covered by AC21. I never worked for my sponsoring employer but will be as soon as I get my GC.
I have a feeling that my green card is just around the corner. Spoke to my employer yesterday about my employment with them and it looks like they are changing their minds about hiring me.
I am so worried. Anybody in the same situation? What do I do? Will I lose the green card?
Well, you have two options:
1. Use AC 21 (I am assuming your 140 is approved and 485 is filed more than 6 months ago) and move to another employer BEFORE the approval of GC. With this option, neither you nor your employer would have any obligation for the job after GC approval. Your AC 21 employer is now the "new permanent job" for you after GC approval.
2. If you have good terms with the employer, ask them to hire you for at least 1-2 months after GC approval and then "fire" you. This way you would be safe. (it was not your fault but the employer fired you). Also if the employer does not pay salary mentioned in LC, you can leave them giving that reason (save the pay stubs for evidence later on, if asked for).
3. If your employer simply do not offer you a job after the approval of GC, it still would not be yoru fault. In this scenario, likelyhood is that, you will be safe. However, this technically would be a sort of misrepresentation by the employer and on that grould USCIS can revoke your GC saying that "employer falsified the initial job offer and there was really no job ever for the position mentioned on LC". While this is a possibility it is a remote possibility.
I would suggest option 1,2 and 3 in that order as "desirability" of your situation.
Again I am not a lawyer, but this is what I can suggest as far as I know.
Good Luck.
I have a feeling that my green card is just around the corner. Spoke to my employer yesterday about my employment with them and it looks like they are changing their minds about hiring me.
I am so worried. Anybody in the same situation? What do I do? Will I lose the green card?
Well, you have two options:
1. Use AC 21 (I am assuming your 140 is approved and 485 is filed more than 6 months ago) and move to another employer BEFORE the approval of GC. With this option, neither you nor your employer would have any obligation for the job after GC approval. Your AC 21 employer is now the "new permanent job" for you after GC approval.
2. If you have good terms with the employer, ask them to hire you for at least 1-2 months after GC approval and then "fire" you. This way you would be safe. (it was not your fault but the employer fired you). Also if the employer does not pay salary mentioned in LC, you can leave them giving that reason (save the pay stubs for evidence later on, if asked for).
3. If your employer simply do not offer you a job after the approval of GC, it still would not be yoru fault. In this scenario, likelyhood is that, you will be safe. However, this technically would be a sort of misrepresentation by the employer and on that grould USCIS can revoke your GC saying that "employer falsified the initial job offer and there was really no job ever for the position mentioned on LC". While this is a possibility it is a remote possibility.
I would suggest option 1,2 and 3 in that order as "desirability" of your situation.
Again I am not a lawyer, but this is what I can suggest as far as I know.
Good Luck.
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karthiknv143
05-14 01:14 AM
__________All Other________ China _________ India __________ Mexico _______ Phillipines
EB-1_________ C ____________ C ____________ C ____________ C ____________ C
EB-2_________ C ________ 01 APR 04 _____ 01 APR 04 _________ C ____________ C
EB-3_____ 01 MAR 06 _____ 22 Mar 03 _____ 01 NOV 01 _____ 01 JUL 02 _____ 01 MAR 06
Other_____01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03
Everything else is current.
Link to travel.state.gov bulletin: http://travel.state.gov/visa/frvi/bulletin/bulletin_4231.html
There are many links on this.. Please check the discussions..
EB-1_________ C ____________ C ____________ C ____________ C ____________ C
EB-2_________ C ________ 01 APR 04 _____ 01 APR 04 _________ C ____________ C
EB-3_____ 01 MAR 06 _____ 22 Mar 03 _____ 01 NOV 01 _____ 01 JUL 02 _____ 01 MAR 06
Other_____01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03
Everything else is current.
Link to travel.state.gov bulletin: http://travel.state.gov/visa/frvi/bulletin/bulletin_4231.html
There are many links on this.. Please check the discussions..
saurav_4096
12-22 03:36 PM
Does one have to stick to old employer for 180 days after I-140 is approved before person can start with new employer and port priority date from previous job ?
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guyfromsg
07-17 09:50 PM
Hi,
My I-140 approved in TSC( premium processing)
My Attorney sent my I-485 on July 2 to TSC
my labor approved from Wisconsin
but I read somewhere all applications needs to go to NSC , is it true?
I greatly appreciate your help
Lawyer says that should not be a problem. My 140 is pending in TSC, could that be a reason don't know.
My I-140 approved in TSC( premium processing)
My Attorney sent my I-485 on July 2 to TSC
my labor approved from Wisconsin
but I read somewhere all applications needs to go to NSC , is it true?
I greatly appreciate your help
Lawyer says that should not be a problem. My 140 is pending in TSC, could that be a reason don't know.
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pointlesswait
07-29 06:06 PM
CHC speaks only for illegals...
they fear any partial immigration reforms will harm their political constituents..namely the hispanic voter base.
They will never come onboard for legals..we have to fight our own battle.
So individual constituents on this forums can have personal views..
As far as I know we HAVE NO STAND on the issue.
Our goal is simple, to seperate ourselves from "undocumented immigrants", we do not call it "illegal immigration" as per our initial IV discussions.
IV stands as an organization for Employment Based Legal Immigration and nothing BUT that. So, again, in short we HAVE no stand on "illegal immigration".
they fear any partial immigration reforms will harm their political constituents..namely the hispanic voter base.
They will never come onboard for legals..we have to fight our own battle.
So individual constituents on this forums can have personal views..
As far as I know we HAVE NO STAND on the issue.
Our goal is simple, to seperate ourselves from "undocumented immigrants", we do not call it "illegal immigration" as per our initial IV discussions.
IV stands as an organization for Employment Based Legal Immigration and nothing BUT that. So, again, in short we HAVE no stand on "illegal immigration".
anilsal
01-25 02:26 PM
should be an easy task for folks who live in the east bay to show up at the Fremont station and pass handouts.
If you cannot do this much, then it is .....
If you cannot do this much, then it is .....
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voldemar
06-25 09:26 AM
If I were you, I would wait till it is 1st of July. What if they reject it,,u loose more time than saving!
Agree. Ask lawyer to file on Saturday June 30 with overnight delivery.
Agree. Ask lawyer to file on Saturday June 30 with overnight delivery.
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Jerrome
02-20 05:47 PM
This will definitly help guys if they see some number crunching like the one i see below.
Category Per Year Quota Per Country Quota Actual Primary Applicant Number of Estimated applicants Number anticipated Years
Percentage Values 7% 48% 2001 2002 2003 2004 2005 2006 Total
EB2 40000 2800 1344 1000 1000 5000 10000 10000 16000 43000 31.99404762
EB3 40000 2800 1344 10000 16000 16000 16000 16000 16000 90000 66.96428571
You can also Quote this in the home page of IV for people to see.
Category Per Year Quota Per Country Quota Actual Primary Applicant Number of Estimated applicants Number anticipated Years
Percentage Values 7% 48% 2001 2002 2003 2004 2005 2006 Total
EB2 40000 2800 1344 1000 1000 5000 10000 10000 16000 43000 31.99404762
EB3 40000 2800 1344 10000 16000 16000 16000 16000 16000 90000 66.96428571
You can also Quote this in the home page of IV for people to see.
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mbartosik
03-24 01:52 PM
audio streaming archives are available 1 to 2 hours after the show. Check here http://wamu.org/programs/kn/08/03/24.php#20155.
Our segment was about 40 minutes in. My web streamer won't allow fast forward, don't know if limitation is the client or the server. Robert and Ron go through the standard Pro / Anti H1B arguments for the first 40 minutes. I didn't want to be part of that.
I hate listening to my own voice, thanks for the complements, it will make listening to my own voice less cringing.
Our segment was about 40 minutes in. My web streamer won't allow fast forward, don't know if limitation is the client or the server. Robert and Ron go through the standard Pro / Anti H1B arguments for the first 40 minutes. I didn't want to be part of that.
I hate listening to my own voice, thanks for the complements, it will make listening to my own voice less cringing.
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YesGC_NoGC
06-20 09:42 AM
Thanks man,
What was your experience when you invoked AC21 both the times? Did you or your employer notified USCIS? was there any difference in title and or responsibilities? Did you try make sure the job title match with teh SOC codes that is on your labor?
hey man, if i were you, i wouldn't do this..i personally changed jobs twice in ac21 and would not do this change..
What was your experience when you invoked AC21 both the times? Did you or your employer notified USCIS? was there any difference in title and or responsibilities? Did you try make sure the job title match with teh SOC codes that is on your labor?
hey man, if i were you, i wouldn't do this..i personally changed jobs twice in ac21 and would not do this change..
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quizzer
02-25 11:39 PM
If somebody wants to enter IT field from a non-IT background, any list of suggestions of the certifications and courses to be taken? There are so many of them that it is hard to choose.
SAP and Oracle are any day hot!!!!!!!!!!!
SAP and Oracle are any day hot!!!!!!!!!!!
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posmd
04-07 09:07 PM
I am 100 percent of this view. IV core members should review this with QGA.
We are already hearing that the whitehouse is pushing this thing to conference even without full senate approval, perhaps they know something we do not, that in some form or fashion something is going to pass the senate.
Sensenbrenner is not a guy against legal immigration per se. Some of the core members know this from the S1932 experience. There was a guy by the name of "superman" who some of the core members are aware of, who lives in sensenbrenner's district and tried his best during conference in that budget bill.
We need to involve all those forces so that he does not resist our just and fair provisions. He must be made to realise that to have a clear moral argument about the illegals he must clearly support the legal immigrant provisions.
We are already hearing that the whitehouse is pushing this thing to conference even without full senate approval, perhaps they know something we do not, that in some form or fashion something is going to pass the senate.
Sensenbrenner is not a guy against legal immigration per se. Some of the core members know this from the S1932 experience. There was a guy by the name of "superman" who some of the core members are aware of, who lives in sensenbrenner's district and tried his best during conference in that budget bill.
We need to involve all those forces so that he does not resist our just and fair provisions. He must be made to realise that to have a clear moral argument about the illegals he must clearly support the legal immigrant provisions.
more...
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desi3933
02-01 07:58 AM
thanks for the reply..this means having a dependent visa is the key at the time of approval..
This is NOT what I said in my post. I mentioned "Dependent Relationship". Dependent Visa applies in most cases, though. Example - Your wife could be on F1 or other visa and that is not dependent visa.
Contrary to popular myth, it is ok to file I-485 on F1 visa status.
if the application was approved and the wife was on h4 (but didn't file her i485 yet..) then she could still file for her i485?
Correct. It is advisable to file I-485 as soon as your PD is current. However, section 245(k) covers for 180 calendar days. In some cases, she may have more time, but those cases are linked to visa status and usually don't apply to H4 status holders.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
This is NOT what I said in my post. I mentioned "Dependent Relationship". Dependent Visa applies in most cases, though. Example - Your wife could be on F1 or other visa and that is not dependent visa.
Contrary to popular myth, it is ok to file I-485 on F1 visa status.
if the application was approved and the wife was on h4 (but didn't file her i485 yet..) then she could still file for her i485?
Correct. It is advisable to file I-485 as soon as your PD is current. However, section 245(k) covers for 180 calendar days. In some cases, she may have more time, but those cases are linked to visa status and usually don't apply to H4 status holders.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
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Sri_
02-29 09:06 AM
How can one find his/her receipt date if they dont have copy of their receipt notice, just the receipt notice?
Take the infopass appointment. Tell them your 485 receipt number and request them for Receipt Date & Notice Date. In the initial screen, I think officer can only see Notice Date. Then request them for Receipt date, then I think they can dig the info and find the info.
Few officers are not aware and they say that there will be only one date i.e. 'Notice Date', you should tell them the difference between Notice Date & Receipt Date, then they will try to look. This happened to me, So I showed them my I-140 receipt and explained the difference. Then the officer got convinced to check for Receipt Date for 485 in the system.
Thanks
Take the infopass appointment. Tell them your 485 receipt number and request them for Receipt Date & Notice Date. In the initial screen, I think officer can only see Notice Date. Then request them for Receipt date, then I think they can dig the info and find the info.
Few officers are not aware and they say that there will be only one date i.e. 'Notice Date', you should tell them the difference between Notice Date & Receipt Date, then they will try to look. This happened to me, So I showed them my I-140 receipt and explained the difference. Then the officer got convinced to check for Receipt Date for 485 in the system.
Thanks
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desidas
01-22 10:55 AM
<bump>
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NKR
10-13 04:18 PM
Next time I'm thinking of going Tarzan style....
They take only finger prints.. ;)
They take only finger prints.. ;)
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talash
11-19 01:08 PM
Hi friends ,
Im planing to travell on AP in december .I have my H1 approved till 2010.
I heard travelling with Emirates Air line may be a problem because they dont know about AP .Is that true ?
2-what documents i need to have with me when comming back on AP ?
Thanks for any inputs .
Im planing to travell on AP in december .I have my H1 approved till 2010.
I heard travelling with Emirates Air line may be a problem because they dont know about AP .Is that true ?
2-what documents i need to have with me when comming back on AP ?
Thanks for any inputs .
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Aah_GC
05-30 03:46 PM
Also when quitting what is the must-have documents we need to secure before leaving employer X.
Can someone please reply on this
If you can get your hands on photocopies of Labor certificate, that would be awesome. Otherwise, make sure you at least have the following -
1. Experience letter (with last day of attendance)
2. I140 receipt
3. I485 receipt
4. Paystubs for 6 months of employment post I1485 receive date
You are good to go from there.
Can someone please reply on this
If you can get your hands on photocopies of Labor certificate, that would be awesome. Otherwise, make sure you at least have the following -
1. Experience letter (with last day of attendance)
2. I140 receipt
3. I485 receipt
4. Paystubs for 6 months of employment post I1485 receive date
You are good to go from there.
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LostInGCProcess
09-18 05:18 PM
Hi, can I use EAD for my current employer.. my h1b exten under process and taking more than 1 yr .... thanks
Of course you can work using your EAD for your Employer. The reason why so many still remain on H1(even after getting EAD) is because if the I-485 (AOS) is denied, they can still continue to work on H1 and maybe restart the whole GC process. But its not possible once you switch to EAD. You cannot fall back to H1.
Of course you can work using your EAD for your Employer. The reason why so many still remain on H1(even after getting EAD) is because if the I-485 (AOS) is denied, they can still continue to work on H1 and maybe restart the whole GC process. But its not possible once you switch to EAD. You cannot fall back to H1.
chanduv23
01-21 05:56 PM
Concerning is most students do not know or care of these issues. All they want is to graduate find a job. Jobs are plenty thanks to 'Desi Consultants'.
The worst part many working pros who know of these issues hardly make an effort to work on a solution.
Either stay mum or fight for..IV members are the latter
True
All they care is catch a Desi Consultant and fake the resume So sad !!!!
This has become a trend now. Desi consultants prey on these fresh grads.
The worst part many working pros who know of these issues hardly make an effort to work on a solution.
Either stay mum or fight for..IV members are the latter
True
All they care is catch a Desi Consultant and fake the resume So sad !!!!
This has become a trend now. Desi consultants prey on these fresh grads.
Rae
07-21 12:54 PM
If you look at those two forms, one 325A has a space for "Date and Place of Termination of Marriage". Form 325 does not have a space for that. They apparently want that information so you should update your filing with the proper form.
Rae
Rae
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