GCNaseeb
02-06 03:40 PM
Anything like this calls for "accommodating beneficiary" and its illegal when it comes to Immigration. Both sponsoring employer and beneficiary will be in problem. This is well discussed before and at least my Attorney did not recommend.
Ask your company to demote you to developer position once u get ur green card. GC is for a future job position.
Ask your company to demote you to developer position once u get ur green card. GC is for a future job position.
gemini23
11-21 10:30 AM
the above scenario was if you were mnaintaing H1 status. if you are working using EAD then ofcourse your current status wont be H1 bur AOS hence you will send proof of that.
The idea is to show that you are here legally and if working prrof of that authorization thorough a visa or EAD.
Thanks waitingforlong. And the proof of AOS would be 485 receipts right?
The idea is to show that you are here legally and if working prrof of that authorization thorough a visa or EAD.
Thanks waitingforlong. And the proof of AOS would be 485 receipts right?
overhere
07-19 05:26 AM
My lawyer sent me the fedex tracking sheet for the I-485 package sent to:
USCIS
Nebraska Service Center
850 S Street
Lincoln, NE 68508
I did not see any PO Box on the Fedex tracking sheet. I am not sure if she put the PO Box on the shipping label or not??
Is it a big deal?? Will my application be accepted.
Please help
po box is for usps delivery only. fedex doesn't delivery mails addressed to po box.
USCIS
Nebraska Service Center
850 S Street
Lincoln, NE 68508
I did not see any PO Box on the Fedex tracking sheet. I am not sure if she put the PO Box on the shipping label or not??
Is it a big deal?? Will my application be accepted.
Please help
po box is for usps delivery only. fedex doesn't delivery mails addressed to po box.
regacct
12-20 08:26 AM
If we are not ready to speak up and say we have a problem to the people that matter (lawmakers, media) - why would they assume a problem exists?
more...
skd
07-11 12:16 AM
lets not over do it. There is a thin line between it being tolerated and backfiring
Yeh over doing it can back fire.I don't thing we should this for more than 12th July
Yeh over doing it can back fire.I don't thing we should this for more than 12th July
navyug
02-13 03:22 PM
BIG 5 is good. But I doubt they will start the GC anytime soon as they themselves will be in midst of lay-offs (could be even minor). In this economy every big firm is shedding people. They will say they will sponsor, but things get dragged on for long.
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bhatt
02-06 05:36 PM
My H1B and my wife's H4 visa were recently renewed for 3 additonal years. We also got new visas stamped in our passport valid for 3 years based on these H1B & H4 renewals.
Now I am planning to change jobs and will be applying for H1B transfer. My questions are:
- do I need to submit an application for transfer (new I797) for my wife's H4 visa
- can my wife travel out of US and then back into US on her current H4 visa while my H1B transfer application is being processed by INS.
Thank you
No You do not transfer H4. There is no tranfer for H4!. The h4 will be valid still the I-94 validity provided H1 is in status.
- I am not sure about the 2nd Question.
Now I am planning to change jobs and will be applying for H1B transfer. My questions are:
- do I need to submit an application for transfer (new I797) for my wife's H4 visa
- can my wife travel out of US and then back into US on her current H4 visa while my H1B transfer application is being processed by INS.
Thank you
No You do not transfer H4. There is no tranfer for H4!. The h4 will be valid still the I-94 validity provided H1 is in status.
- I am not sure about the 2nd Question.
go_guy123
11-03 06:05 AM
According to OH Law's website:
11/02/2007: H.R. 3043 Conference Update - Both Immigration Bills Killed!
One good news and one bad news. According to the AILA, the Conference committee took out both immigration riders from the H.R. 3043. It means that there will be no increase of the H-1B to $5,830. At the same time, there will be no recapture of EB-3 visa numbers for the Schedule A workers through this legislation.
The wicked witch is dead. As for me I have packed my bags and moved to Canada. I first came in 1999 as a student and immigration has been downhill since then. It has left a bitter taste for me.
11/02/2007: H.R. 3043 Conference Update - Both Immigration Bills Killed!
One good news and one bad news. According to the AILA, the Conference committee took out both immigration riders from the H.R. 3043. It means that there will be no increase of the H-1B to $5,830. At the same time, there will be no recapture of EB-3 visa numbers for the Schedule A workers through this legislation.
The wicked witch is dead. As for me I have packed my bags and moved to Canada. I first came in 1999 as a student and immigration has been downhill since then. It has left a bitter taste for me.
more...
sundarpn
06-29 01:39 AM
For folks who are past the 180 day period:-
what does one have verify with HR of the new company specifically with regard to AC 21 portability? :confused:
Most recruiters / HR folks know nothing about AC21 etc. (Most when they hear green card, say per company policy, they will start haver 1 yr!).
Should one ever bother about confusing the new employer about AC21? (Assume that Job titiles and descriptions are practically the same. Nothing drastically different. And taking the new job on H1b transfer. i.e. not on EAD).
(PS: I am not taking from the context of desi consulting firms where it might be easier to get any letter with exact same job description etc.).
what does one have verify with HR of the new company specifically with regard to AC 21 portability? :confused:
Most recruiters / HR folks know nothing about AC21 etc. (Most when they hear green card, say per company policy, they will start haver 1 yr!).
Should one ever bother about confusing the new employer about AC21? (Assume that Job titiles and descriptions are practically the same. Nothing drastically different. And taking the new job on H1b transfer. i.e. not on EAD).
(PS: I am not taking from the context of desi consulting firms where it might be easier to get any letter with exact same job description etc.).
gbof
06-03 06:35 PM
Sorry... I thought he was a genuine person who turned to IV for help. Anyways, I didnt tell him anything illegal.
For how long AOS primary applicant can be job-less?
For how long AOS primary applicant can be job-less?
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kaisersose
05-23 12:31 PM
Hello,
I filed my 485/EAD/AP last year and recently changed my address. Besides filing an AR11, what are the other steps I need to do? Should I be calling USCIS to make sure the new address gets reflected on my 485 application?
Thanks,
Kunal
Yes or you can do it online too. It takes a while for the change to reflect, but you will know when it happens as you will receive an update through email and usually also a confirmation letter from CIS.
I filed my 485/EAD/AP last year and recently changed my address. Besides filing an AR11, what are the other steps I need to do? Should I be calling USCIS to make sure the new address gets reflected on my 485 application?
Thanks,
Kunal
Yes or you can do it online too. It takes a while for the change to reflect, but you will know when it happens as you will receive an update through email and usually also a confirmation letter from CIS.
chi_shark
04-27 01:02 PM
Hi,
I hope, all is well.
I filed my applications for Green Card. I did concurrent filing for I-140 & I-485 applications in September-2007. I got EAD in December-2007 but I-140 case is still pending.
I am working with the company which filed my Green Card but very soon I would resign from them/there as there is no work over there. They would still continue my I-140 case even I resign from there.
I need your help as:
(1) Can I work on 1099 (as I have EAD & I-140 is still pending)?
OR
(2) I need to work on W2 (means: cannot work on 1099) [as I have EAD & I-140 is still pending]?
Please, advise me as soon as possible.
:confused:
Best regards,
Rajiv
I always thought that your I-140 *has to be* approved before you can change jobs with the AC21 rule... no?
I hope, all is well.
I filed my applications for Green Card. I did concurrent filing for I-140 & I-485 applications in September-2007. I got EAD in December-2007 but I-140 case is still pending.
I am working with the company which filed my Green Card but very soon I would resign from them/there as there is no work over there. They would still continue my I-140 case even I resign from there.
I need your help as:
(1) Can I work on 1099 (as I have EAD & I-140 is still pending)?
OR
(2) I need to work on W2 (means: cannot work on 1099) [as I have EAD & I-140 is still pending]?
Please, advise me as soon as possible.
:confused:
Best regards,
Rajiv
I always thought that your I-140 *has to be* approved before you can change jobs with the AC21 rule... no?
more...
skp71
05-06 10:10 AM
If that's the case why should they pre-adjudicate 485s? Lot of guys getting REFs whose PD is 2003. If USCIS wants to approve after 3-4 years, they would not preapprove 485s. That logic won't work out.
If you think out-off-box.... guess what? If US-govt wants to give employment-based-green card based on priority date. Then there won�t be any new immigration law in place without clearing Backlog center cases/queue and I140.
So what... As per the labor department web site, the DOL needs another 17/18 months to clear all pending labors.
I guess any new bill to become law will take another 19 to 24 months. Keep your spirit going to support the best immigration-bill.
My 2 cents.
If you think out-off-box.... guess what? If US-govt wants to give employment-based-green card based on priority date. Then there won�t be any new immigration law in place without clearing Backlog center cases/queue and I140.
So what... As per the labor department web site, the DOL needs another 17/18 months to clear all pending labors.
I guess any new bill to become law will take another 19 to 24 months. Keep your spirit going to support the best immigration-bill.
My 2 cents.
kondur_007
10-16 04:29 PM
Thanks so much for your reply. I think it will always a good idea to keep USCIS inform about your working condition since this is 'Employment based' case.
For AC21 I think I will need to match following:
1. New employment letter which should describe duties which 'must' be same or similar to what was mentioned in my labor certificate.
2. Start date/salary/position title
3. Any Benefits if provided.
Do I need any document from sposerer employer? Do I need anything else?
Thank you and I appriciate your help.
You are welcome.
If you do decide to file AC 21 papers with USCIS; please, please take the help of a good lawyer!
The lawyer usually send the cover letter justifying the "same or similar job" salary, location etc. This also depends a lot on what is in original PERM.
Good lawyer will also draft the letter you will need from new employer. sometimes this may require to be less specific. (details are veriable). But it needs to be a "permanent job offer".
Good Luck.
For AC21 I think I will need to match following:
1. New employment letter which should describe duties which 'must' be same or similar to what was mentioned in my labor certificate.
2. Start date/salary/position title
3. Any Benefits if provided.
Do I need any document from sposerer employer? Do I need anything else?
Thank you and I appriciate your help.
You are welcome.
If you do decide to file AC 21 papers with USCIS; please, please take the help of a good lawyer!
The lawyer usually send the cover letter justifying the "same or similar job" salary, location etc. This also depends a lot on what is in original PERM.
Good lawyer will also draft the letter you will need from new employer. sometimes this may require to be less specific. (details are veriable). But it needs to be a "permanent job offer".
Good Luck.
more...
Libra
08-09 11:26 PM
This organization and this forum is running on contributions but why you guys want to use this forum but not interested in contributing, if you need just info there are so many other attorney forums where you can go and get the info. but when you are here in IV, i'll ask to contribute on any thread:D you guys dont even bother to look into action items and contribution thread. so i have to go to each and every thread and request people
So, i once again request you guys to think about contribution and let IV work for us. Thanks.
And please dont tie even this post again asking him to contribute. Contribution is a different issue. Atleast there are some other things that doesn't need financial contribution but organizational contribution.
So, i once again request you guys to think about contribution and let IV work for us. Thanks.
And please dont tie even this post again asking him to contribute. Contribution is a different issue. Atleast there are some other things that doesn't need financial contribution but organizational contribution.
gc28262
12-17 08:41 AM
My company didn't cancel my H1 as they wanted to be in India for a year and return to US. I am still working for the same company that got me the H1.
I also have a family - Wife (H4), Son (4yrs - H4), Daughter (2yrs - US Citizen) - should i take them with me or should i first go there, get a couple of pay stubs and then ask them to join me.
Thanks.
Better to comeback by yourself as there is a 1% risk of being turned back from POE.
I also have a family - Wife (H4), Son (4yrs - H4), Daughter (2yrs - US Citizen) - should i take them with me or should i first go there, get a couple of pay stubs and then ask them to join me.
Thanks.
Better to comeback by yourself as there is a 1% risk of being turned back from POE.
more...
help_please
10-05 11:01 AM
I found an article that explains the 180 day rule a little better. I believe it is called section 245(k). You should definitely get advice through an experienced attorney to make sure.
http://64.233.169.104/search?q=cache:kryvq9A7YjkJ:www.murthy.com/adjsta.html+section+245k&hl=en&ct=clnk&cd=1&gl=us
http://64.233.169.104/search?q=cache:kryvq9A7YjkJ:www.murthy.com/adjsta.html+section+245k&hl=en&ct=clnk&cd=1&gl=us
eb3retro
06-30 05:37 PM
eb3retro,
Did u change employers on EAD? or H1b transfer?
on EAD..
Also when you renewed EAD & AP:
1. Did you do it yourself? or did u have your new employer do it?
2. Did u get any RFE's when you renewed your EAD/AP well after you switched employers. (I assume you changed addresses in this process).
thx
1) did it myself..
2) yep i changed address, no rfes for anything..
Did u change employers on EAD? or H1b transfer?
on EAD..
Also when you renewed EAD & AP:
1. Did you do it yourself? or did u have your new employer do it?
2. Did u get any RFE's when you renewed your EAD/AP well after you switched employers. (I assume you changed addresses in this process).
thx
1) did it myself..
2) yep i changed address, no rfes for anything..
TomPlate
07-06 10:57 AM
07/07/2007: USCIS Reportedly Admitted Some I-485 Approvals at Last Minutes Without Completion of FBI Security Clearance
* New York Times, http://www.nytimes.com/2007/07/06/us/06visa.html?hp, has reported:
"To complete the applications in time, the immigration agency put employees to work both days last weekend at service centers in Texas and Nebraska, immigration officials said. They said that 25,000 applications were processed in the final 48 hours before Monday�s deadline. In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications �when we were certain the process will be completed very shortly,� Mr. Aytes said."
* The report also indicates that the State Department and the USCIS tend to disagree with each other for the root of the problem for the current fiasco. Earlier there was a report in the Washington Post that the USCIS denied that the USCIS worked ceaselessly and frantically during the weekends (two days) before July 1, but it has been admitted since then the employees indeed worked hard during the two days. According to the NY Times report, during the weekend alone, they approved 25,000 I-485 backlog applications.
* We are afraid that the alleged admission of approval of I-485 application before completion of the security clearance is likely to face the legal challenge for violation of the rules which is likely one of the main claims of the AILF lawsuit as well as the political backfire as an issue of security lapse relating to the homeland security. It appears that the July visa bullen fiasco is going out of control and pushes the two agencies into an edge. :eek: :eek: :eek:
DONT CREATE THREAD FOR EXISTING NEWS. WE ARE HOPING FOR POSTIIVE NEWS THE NEXT WEEK OF ACCEPTING APPLICATION WITH SAME FEE ON AUGUST VISA BULLETIN.
* New York Times, http://www.nytimes.com/2007/07/06/us/06visa.html?hp, has reported:
"To complete the applications in time, the immigration agency put employees to work both days last weekend at service centers in Texas and Nebraska, immigration officials said. They said that 25,000 applications were processed in the final 48 hours before Monday�s deadline. In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications �when we were certain the process will be completed very shortly,� Mr. Aytes said."
* The report also indicates that the State Department and the USCIS tend to disagree with each other for the root of the problem for the current fiasco. Earlier there was a report in the Washington Post that the USCIS denied that the USCIS worked ceaselessly and frantically during the weekends (two days) before July 1, but it has been admitted since then the employees indeed worked hard during the two days. According to the NY Times report, during the weekend alone, they approved 25,000 I-485 backlog applications.
* We are afraid that the alleged admission of approval of I-485 application before completion of the security clearance is likely to face the legal challenge for violation of the rules which is likely one of the main claims of the AILF lawsuit as well as the political backfire as an issue of security lapse relating to the homeland security. It appears that the July visa bullen fiasco is going out of control and pushes the two agencies into an edge. :eek: :eek: :eek:
DONT CREATE THREAD FOR EXISTING NEWS. WE ARE HOPING FOR POSTIIVE NEWS THE NEXT WEEK OF ACCEPTING APPLICATION WITH SAME FEE ON AUGUST VISA BULLETIN.
overseas
10-09 03:36 PM
The whole problem is where should I send my AP application to ?? :confused:
It depends on the state you live in. Please go through the AP filing instructions. There it is clearly mentioned.
Download "Download Instructions for completing Form I-131" at the below link and you can find the information in page 7.
USCIS - Application for Travel Document (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=dd346d26d17df110VgnVCM1000004718190a RCRD)
It depends on the state you live in. Please go through the AP filing instructions. There it is clearly mentioned.
Download "Download Instructions for completing Form I-131" at the below link and you can find the information in page 7.
USCIS - Application for Travel Document (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=dd346d26d17df110VgnVCM1000004718190a RCRD)
ek_bechara
05-14 12:02 PM
If you don't know something please keep quiet. Don't spread nonsense rumors. First of all the primary GC applicant is not affected in anyway. Spouse GC will show up anywhere between 7 to 12 months depending upon how the documentation is done.
This might delay your GC for another 2years. Mainly due to security concerns after 9 / 11. Better option is to get your GC and then apply as family. Will take at least 4 to 5 years.
This might delay your GC for another 2years. Mainly due to security concerns after 9 / 11. Better option is to get your GC and then apply as family. Will take at least 4 to 5 years.
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