akhichopra
03-02 05:36 PM
My sincere thanks to all for giving valuable insights and suggestions. Thank you everybody for your time and help.
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krishnam70
10-02 06:18 PM
Hello Krishnam
Since your GC is for future employment, your current employer might not be able to support you on H1 but you can always get them to support you for future employment and so they can still not revoke your 140 petition process. So if possible be on good terms with them and ask them to keep your 140 process intact
I have a I-485 pending, and there is a chance I may be laid off after 180 days. Would I have to have another similar job offer at hand, or can I still continue looking for a job after 180 days of I-485 till I find one ?
Thank you for your help.
1. What is your current status? H1/EAD? 140 approved/in process
a) If 140 is approved and you filed 485 and its been 180 days and if you meanwhile have an EAD in hand,
a1) then you can move to a new employer using the EAD or
a2) transfer H1 and have no problems with GC process.
If USCIS asks you then you say you are using AC21. At that time since your 140 is approved/contains all required initial evidence USCIS will not ask anything more. If they do however ask then your new company will need to provide all the required information again.
Required initial evidence, as specified under 8 CFR 204.5(g)(2), includes copies of: (1) annual reports, (2) federal tax returns, or (3) audited financial statements. The petitioner must submit a copy of at least one of these required documents
There is big thread on this forum somewhere about Initial evidence. Search should reveal it
b)If 140 is pending and you filed 485 and its been 180 days but you dont have an EAD, if 140 petition is not withdrawn then you can find an employer to support your H1 ( assuming you are on H1. Not sure abt L1 case)
-goodluck
Since your GC is for future employment, your current employer might not be able to support you on H1 but you can always get them to support you for future employment and so they can still not revoke your 140 petition process. So if possible be on good terms with them and ask them to keep your 140 process intact
I have a I-485 pending, and there is a chance I may be laid off after 180 days. Would I have to have another similar job offer at hand, or can I still continue looking for a job after 180 days of I-485 till I find one ?
Thank you for your help.
1. What is your current status? H1/EAD? 140 approved/in process
a) If 140 is approved and you filed 485 and its been 180 days and if you meanwhile have an EAD in hand,
a1) then you can move to a new employer using the EAD or
a2) transfer H1 and have no problems with GC process.
If USCIS asks you then you say you are using AC21. At that time since your 140 is approved/contains all required initial evidence USCIS will not ask anything more. If they do however ask then your new company will need to provide all the required information again.
Required initial evidence, as specified under 8 CFR 204.5(g)(2), includes copies of: (1) annual reports, (2) federal tax returns, or (3) audited financial statements. The petitioner must submit a copy of at least one of these required documents
There is big thread on this forum somewhere about Initial evidence. Search should reveal it
b)If 140 is pending and you filed 485 and its been 180 days but you dont have an EAD, if 140 petition is not withdrawn then you can find an employer to support your H1 ( assuming you are on H1. Not sure abt L1 case)
-goodluck
gomirage
01-31 09:25 AM
Are you out of your mind ? You are taking a huge risk by staying in the US and droping your Canadian PR because of some "probable" green card. What makes you think that by the time you finish school the situation will still be better in US. I hope you will not regret this but think about your family. In 3 years you and your family could be happily in BC with free health care, great weather, less stress, travel wherever and whenever you want, have your own law firm.
OR you could be a stressed H1B (a.k.a educated slave) waiting for I-140, I-485, EAD or whatever to come through.
Just because you asked, I have been in this same situation. But in my case, the decision was easy. I was on h1b making 69k. The same job in Toronto offer $55k CAD. Much less, but with my freedom to consult on the side and my wife's income we bring over $100k. We vacation in Florida for a month every year to visit friends. Life has never been better.
Whoever tells you to stay and take the risk is putting your family's hapiness in jeopardy. But the choice is yours. Just don't come here crying when CIS finds a problem with your application.
OR you could be a stressed H1B (a.k.a educated slave) waiting for I-140, I-485, EAD or whatever to come through.
Just because you asked, I have been in this same situation. But in my case, the decision was easy. I was on h1b making 69k. The same job in Toronto offer $55k CAD. Much less, but with my freedom to consult on the side and my wife's income we bring over $100k. We vacation in Florida for a month every year to visit friends. Life has never been better.
Whoever tells you to stay and take the risk is putting your family's hapiness in jeopardy. But the choice is yours. Just don't come here crying when CIS finds a problem with your application.
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$eeGrEeN
07-13 12:57 PM
https://addons.mozilla.org/en-US/firefox/addon/115
add-on to autorefresh for all those Firefox users out there ....
that's what i have ...
add-on to autorefresh for all those Firefox users out there ....
that's what i have ...
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HV000
03-06 06:35 PM
Thank you ALL for your responses!!! Last few days have been like hell for me. I'm trying to stay of H1B since i am NOT married.
Houstonguy
04-16 12:15 PM
Hi Guys,
Could any of you let me know the impact of multiple job changes on AC21, with approved I-140 and after 180 days of I-485 receipt, and with similar job code and description. I changed first on January 25 and now it will be 3 months after the first change. I have following concerns and seek your opinions soon for the decision.
1- Will this quick change be a concern even though I will have same/similar job code as per O*NET and job description and there is no law against it?
2- Should I have, in addition to H1B transfer, another Labor certification started with new employer as a back up?
Thanks guys in advance!
Could any of you let me know the impact of multiple job changes on AC21, with approved I-140 and after 180 days of I-485 receipt, and with similar job code and description. I changed first on January 25 and now it will be 3 months after the first change. I have following concerns and seek your opinions soon for the decision.
1- Will this quick change be a concern even though I will have same/similar job code as per O*NET and job description and there is no law against it?
2- Should I have, in addition to H1B transfer, another Labor certification started with new employer as a back up?
Thanks guys in advance!
more...
soma
02-13 04:12 PM
hi,
where is the format and what words to use and to whom we have to address. i am not on IV website all thru the day, so, i am missing the great chunk of information by evening i log in. can anyone guide me thru the process, i am willing to hand written the letter. i have seen several threads on this admin fix / letters campaign; but to be honest, i could not find anything than asking members to write letters.
thanks for the help.
You can find the letter formats in the following thread.
http://immigrationvoice.org/forum/showthread.php?t=16506
You will find most of the information regarding the letter campaign out there....
where is the format and what words to use and to whom we have to address. i am not on IV website all thru the day, so, i am missing the great chunk of information by evening i log in. can anyone guide me thru the process, i am willing to hand written the letter. i have seen several threads on this admin fix / letters campaign; but to be honest, i could not find anything than asking members to write letters.
thanks for the help.
You can find the letter formats in the following thread.
http://immigrationvoice.org/forum/showthread.php?t=16506
You will find most of the information regarding the letter campaign out there....
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aadimanav
08-23 06:53 PM
Thank you Pappu and GC_chahiye
more...
pappu
03-31 12:43 PM
If you have extra time, please send this to all major media outlets on the east coast using this form and inputting zip cdes of big cities.
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Vlora
10-26 09:01 AM
[QUOTE=qplearn]If the name check happens before the 485 process is cleared, great! If not, you wait for the name check; lots (and believe me tens of thousands) of people belong to the second group. Since this forum mostly has people stuck in the process at earlier stages, you are not going to find too many people with that kind of experience here. [QUOTE=qplearn]
Absolutely correct - thanks qplearn, a true senior member.
[QUOTE=qplearn] So your respected lawyer is technically correct, but what he/she is saying can be very badly misleading!! One gets the impression that clearing the name check happens automatically with completing work on the 485 by USCIS.[QUOTE=qplearn]
No, that's not what I claimed, unless my English screwed me up - (for the other readers), no one should believe that.
[QUOTE=qplearn]And the name check is certainly not a part of the 140 approval even if the 140 and 485 are submitted concurrently. If any lawyer is telling you this, please change him/her.[QUOTE=qplearn][/I]
Murthy's report (http://www.murthy.com/mb_pdf/apr2304.pdf) makes a different interpretation. My lawyer could not confirm/deny it.
I hope what I said above makes sense :) Took me a long time to compose that ...:)
Thanks qplearn, lots of useful info.
Absolutely correct - thanks qplearn, a true senior member.
[QUOTE=qplearn] So your respected lawyer is technically correct, but what he/she is saying can be very badly misleading!! One gets the impression that clearing the name check happens automatically with completing work on the 485 by USCIS.[QUOTE=qplearn]
No, that's not what I claimed, unless my English screwed me up - (for the other readers), no one should believe that.
[QUOTE=qplearn]And the name check is certainly not a part of the 140 approval even if the 140 and 485 are submitted concurrently. If any lawyer is telling you this, please change him/her.[QUOTE=qplearn][/I]
Murthy's report (http://www.murthy.com/mb_pdf/apr2304.pdf) makes a different interpretation. My lawyer could not confirm/deny it.
I hope what I said above makes sense :) Took me a long time to compose that ...:)
Thanks qplearn, lots of useful info.
more...
vin
06-14 08:59 PM
whatever it is, recent date developments are related to the CIR. The reality will come to the surface only after the Bill is passed. I would suggest everyone to tread carefully and follow the CIR closely before jumping into filing their 485s and then regret later!
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sunny26
11-19 02:32 PM
Hi
U have 4 yrs degree.Ability to pay not an issue.No exp needed.This 3 are major RFE.So nothing fit for u.So maybe some minor issue.So relax.one of my friend got RFE 2weeks back but still didnt receive Actual RFE.his RD is nov15th
or Can the RFE juz verify with my employer whether the position is still available to me or not ??
U have 4 yrs degree.Ability to pay not an issue.No exp needed.This 3 are major RFE.So nothing fit for u.So maybe some minor issue.So relax.one of my friend got RFE 2weeks back but still didnt receive Actual RFE.his RD is nov15th
or Can the RFE juz verify with my employer whether the position is still available to me or not ??
more...
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Green4Ev1
06-04 11:36 AM
Salawrene,
Congratulations.
Don't mind a few people's complaints.
Most people including myself don't know the details of the immigration law.
That's why we need lawyers, and you followed your lawyer's suggestion to get your GC.
Congratulations, again
Congratulations.
Don't mind a few people's complaints.
Most people including myself don't know the details of the immigration law.
That's why we need lawyers, and you followed your lawyer's suggestion to get your GC.
Congratulations, again
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monktrusts
01-26 01:24 PM
Hi
This one impacts people who have advanced degrees from US and I don't :p
But voted any how for my friends.
See Movie Von Ryan Express (don't compare it literally to our situation :p) and you will know why :D "If only one can make it then too it will be a victory"
This one impacts people who have advanced degrees from US and I don't :p
But voted any how for my friends.
See Movie Von Ryan Express (don't compare it literally to our situation :p) and you will know why :D "If only one can make it then too it will be a victory"
more...
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efs
12-04 11:14 AM
The link to www.murthy.com states clearly what "Last acition" is in your case.
"The USCIS responded that the travel does not change the equation. The USCIS, through Efren Hernandez, Chief, Business and Trade Services Branch, reasoned that the last action would not be the travel and reentry in the prior status, but the previously-approved petition and change of status with a future start date. The travel does not invalidate the previously-approved USCIS change of status effective from a future date. This is because the last action regarding the person's status governs. "
I believe there is no diffirence in that logic for extension of status or change of status. It would be good to find the original letter of Efren Hernandez.
Eugene
"The USCIS responded that the travel does not change the equation. The USCIS, through Efren Hernandez, Chief, Business and Trade Services Branch, reasoned that the last action would not be the travel and reentry in the prior status, but the previously-approved petition and change of status with a future start date. The travel does not invalidate the previously-approved USCIS change of status effective from a future date. This is because the last action regarding the person's status governs. "
I believe there is no diffirence in that logic for extension of status or change of status. It would be good to find the original letter of Efren Hernandez.
Eugene
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Ramba
11-21 05:14 PM
Ramba, what are different levels? example, I found something similar on flc data center website. How can I know which level I am in to?
Area Title: Town, State
OES/SOC Code: 15-1032
OES/SOC Title: Computer Software Engineers, Systems Software
Level 1 Wage: $29.48 hour - $62,111 year
Level 2 Wage: $32.92 hour - $71,347 year
Level 3 Wage: $37.37 hour - $78,603 year
Level 4 Wage: $41.81 hour - $85,838 year
Unless you your approved LC or PW determination by DOL of your old job, it is difficult know what level you are in. Generaly level1 is an entry level position and level 4 is highly exprienced position. Depending upon job descrption/duties, DOL might have allocated suitable level for your job in the LC stage. If your LC was filed before PERM, then it was only two level (level1 and level4). After PERM, they introduced 2 more intermediate level.
Area Title: Town, State
OES/SOC Code: 15-1032
OES/SOC Title: Computer Software Engineers, Systems Software
Level 1 Wage: $29.48 hour - $62,111 year
Level 2 Wage: $32.92 hour - $71,347 year
Level 3 Wage: $37.37 hour - $78,603 year
Level 4 Wage: $41.81 hour - $85,838 year
Unless you your approved LC or PW determination by DOL of your old job, it is difficult know what level you are in. Generaly level1 is an entry level position and level 4 is highly exprienced position. Depending upon job descrption/duties, DOL might have allocated suitable level for your job in the LC stage. If your LC was filed before PERM, then it was only two level (level1 and level4). After PERM, they introduced 2 more intermediate level.
more...
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hoolahoous
04-14 08:45 PM
this article does nothing other than to raise FUD. Out of whole USA population this article says that 7000 births were from foreigners. and then it assumes
'Many, but not all, of those mothers could be "birth tourists," '
words like 'Many', 'could' are used to justify the 'research' someone has done.
of course it forgets that most of them could be foreign workers long term work visas.
The cost of average medical birth in hospital is above $50k.. do you think people have that much money to pay for it ? If someone has $50k to blow on medical expenses then probably they don't need US citizenship.
Secondly the article propagates the 'anchor baby' myth. A person can only sponsor the parents when they reach age of 18.
'Many, but not all, of those mothers could be "birth tourists," '
words like 'Many', 'could' are used to justify the 'research' someone has done.
of course it forgets that most of them could be foreign workers long term work visas.
The cost of average medical birth in hospital is above $50k.. do you think people have that much money to pay for it ? If someone has $50k to blow on medical expenses then probably they don't need US citizenship.
Secondly the article propagates the 'anchor baby' myth. A person can only sponsor the parents when they reach age of 18.
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gg_ny
07-10 03:21 PM
Your situation is slightly different than many I have come across. If your qualifications, research work, project etc have unique qualities, then you may still have a fighting chance. But you may have to do a lot of homework: find out NIW holders in your / related engg field, ask a few lawyers: do not believe right away if somebody promises they could, try to enroll in as many professional associations as possible, enlarge your skill portfolio etc.
BTW, is any degree of you from US?
I have a Ph.D and 2 M.Sc in Aerospace and Mechanical Engineering. I got my H1-B and I also have been employed for 3 months now. My company policy required 3 years before sponsoring me. I do not want to wait that long to start applying. How can I tell if I am qualified for EB-2 with National interest waiver? Is that the only way for me to get GC?
I also want to mention that I have 5 proceedings papers but not journals. I also do not have any citations for my proceedings papers.
Please advice me what is the best senario for me and if I have any chance to apply for EB-2 with NIV.
Thank you
BTW, is any degree of you from US?
I have a Ph.D and 2 M.Sc in Aerospace and Mechanical Engineering. I got my H1-B and I also have been employed for 3 months now. My company policy required 3 years before sponsoring me. I do not want to wait that long to start applying. How can I tell if I am qualified for EB-2 with National interest waiver? Is that the only way for me to get GC?
I also want to mention that I have 5 proceedings papers but not journals. I also do not have any citations for my proceedings papers.
Please advice me what is the best senario for me and if I have any chance to apply for EB-2 with NIV.
Thank you
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gc28262
06-30 05:38 PM
This is my understanding. Please cross check with a lawyer.
Once I-140 is approved, the PD is yours to keep for life unless it is revoked by USCIS for fraud reasons.
Here are posts from Ron Gotcher:
Does approval of I140 change your status in anyway? (http://www.immigration-information.com/forums/i-140-petitions/46-does-approval-of-i140-change-your-status-in-anyway-2.html#post5136)
Establishment and retentions of employment based priority dates (http://imminfo.com/Library/green_cards/EB/establishment_retention_EB_priority_dates.html)
Once I-140 is approved, the PD is yours to keep for life unless it is revoked by USCIS for fraud reasons.
Here are posts from Ron Gotcher:
Does approval of I140 change your status in anyway? (http://www.immigration-information.com/forums/i-140-petitions/46-does-approval-of-i140-change-your-status-in-anyway-2.html#post5136)
Establishment and retentions of employment based priority dates (http://imminfo.com/Library/green_cards/EB/establishment_retention_EB_priority_dates.html)
APDesign
04-17 11:45 PM
I'm 15 and I have done several jobs .. they generally don't mind you being that young, most of the times they're amazed :D You have to talk decently etc, like Rev said. Nohing much can go wrong if you make a good, professional impression.
Completely off topic - Lou == Rev??? I was wondering what the heck happened to him.
Completely on topic - to say you NEED to know "AS HTML PHP XML XSLT by heart " is completely ridiculous, what if he is going to design a site for the local barber who just wants some info on the web? Chances are his first job isn't going to require flash, PHP, and XML integration. Then again I've never had a job. :shrug:
Completely off topic - Lou == Rev??? I was wondering what the heck happened to him.
Completely on topic - to say you NEED to know "AS HTML PHP XML XSLT by heart " is completely ridiculous, what if he is going to design a site for the local barber who just wants some info on the web? Chances are his first job isn't going to require flash, PHP, and XML integration. Then again I've never had a job. :shrug:
mayitbesoon
07-07 12:50 PM
I am in a similar situation. My lawyer prepared the following letter which seems much simpler than what you had mentioned. I hope, its helpful. However, my company HR is not willing to even sign on this one. they omitted the word 'permanent' and also, removed the last sentence mentioning that i will continue as full time employee after receiving the green card. I regret joining a big company now. But, we are where we are and have to deal with it.
July 1, 2009
Nebraska Service Center
USCIS
U. S. Department of Homeland Security
P.O. Box 82521
Lincoln, NE 68501-2521
Re: Permanent employment of Mr. your name
Dear Director:
This letter is submitted in support of the above-captioned matter.
Mr. 'your name' has been our employee since 'Date'. The position offered to Mr. 'name' is a permanent, full time position of a 'job title' with the annual salary range of $000.00 which requires an individual with a Bachelor’s Degree in computer related field and work experience in information technology industry. The following are the duties of the offered position:
'insert your job duties here'
Upon receiving permanent residency, Ms. 'name' will continue her employment with our company in the same capacity as a full time permanent employee.
For our company information, please visit our website at www.xxxx.com.
If you have any questions, please do not hesitate to contact me.
Sincerely,
Name of the HR person.
Designation
July 1, 2009
Nebraska Service Center
USCIS
U. S. Department of Homeland Security
P.O. Box 82521
Lincoln, NE 68501-2521
Re: Permanent employment of Mr. your name
Dear Director:
This letter is submitted in support of the above-captioned matter.
Mr. 'your name' has been our employee since 'Date'. The position offered to Mr. 'name' is a permanent, full time position of a 'job title' with the annual salary range of $000.00 which requires an individual with a Bachelor’s Degree in computer related field and work experience in information technology industry. The following are the duties of the offered position:
'insert your job duties here'
Upon receiving permanent residency, Ms. 'name' will continue her employment with our company in the same capacity as a full time permanent employee.
For our company information, please visit our website at www.xxxx.com.
If you have any questions, please do not hesitate to contact me.
Sincerely,
Name of the HR person.
Designation