desi3933
03-18 10:56 AM
Best advice? Talk to more than 1 immigration lawyer.
I don't need to talk to Immigration Attorney.
Have a good day!
I don't need to talk to Immigration Attorney.
Have a good day!
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jung.lee
03-03 02:07 PM
Great..Thanks so much for your response. I will definitely consult an attorney as suggested by you, but your response gives me a ray of hope and clarifies quite a few things.
So, does this mean that same or similar job may not have any meaning? Because, now since I have an EAD, I can change my job in any field and then when my priority date becomes current, I will get my GC if no RFE occurs.
Also, does it also mean that once I have my I-140 approved and I-485 pending and also have my EAD, i don't need any kind of sponsoring or supporting documents from my new employer? I mean, can I apply to jobs that say Employer cannot sponsor a Visa or GC?
Thanks in advance.
I think "same or similar" job is common sense thing to keep in mind. You don't want to specialize in software architecture then switch to building construction architecture ;) Also remember that if you need an attorney to defend you, it will cost you more in money and peace of mind. So it is better to stick with what you know, if you know what I mean.
In answer to your question, no - you do not need any supporting documents from your new employer except in the case of filing an AC-21 letter which must come from your new employer. You also do not need to file an AC-21 right away. Taken another way, in other words, you can choose to have the AC-21 conversation with the new company after you have been with them for a few weeks and have a degree of comfort with them.
So you can apply to any jobs that say employers cannot sponsor visa or GC because you are not technically seeking their direct support for your pending I-485 adjustment. If they ask for proof of employability, present your EAD (formally called Form I-766) and you should be good to go. EAD Form I-766 is listed as a LIST A document on Form I-9. See item #4 on page 4 of this document:
http://www.uscis.gov/files/form/I-9.pdf
List A means you need only present this document for employment verification. You don't even need to show any other document such as passport, driver's license, old H1-B, etc.
So, does this mean that same or similar job may not have any meaning? Because, now since I have an EAD, I can change my job in any field and then when my priority date becomes current, I will get my GC if no RFE occurs.
Also, does it also mean that once I have my I-140 approved and I-485 pending and also have my EAD, i don't need any kind of sponsoring or supporting documents from my new employer? I mean, can I apply to jobs that say Employer cannot sponsor a Visa or GC?
Thanks in advance.
I think "same or similar" job is common sense thing to keep in mind. You don't want to specialize in software architecture then switch to building construction architecture ;) Also remember that if you need an attorney to defend you, it will cost you more in money and peace of mind. So it is better to stick with what you know, if you know what I mean.
In answer to your question, no - you do not need any supporting documents from your new employer except in the case of filing an AC-21 letter which must come from your new employer. You also do not need to file an AC-21 right away. Taken another way, in other words, you can choose to have the AC-21 conversation with the new company after you have been with them for a few weeks and have a degree of comfort with them.
So you can apply to any jobs that say employers cannot sponsor visa or GC because you are not technically seeking their direct support for your pending I-485 adjustment. If they ask for proof of employability, present your EAD (formally called Form I-766) and you should be good to go. EAD Form I-766 is listed as a LIST A document on Form I-9. See item #4 on page 4 of this document:
http://www.uscis.gov/files/form/I-9.pdf
List A means you need only present this document for employment verification. You don't even need to show any other document such as passport, driver's license, old H1-B, etc.
ek_bechara
10-14 05:19 PM
You are funny. You should try stand-up. Even the president may read it... nice
ALL,
While we watch the election drama unfold, here is something everybody can read, if even one of us is lucky to have our story published. Please send emails to the media. Even the president may read it..
Please dont forget to include that we can buy houses, create jobs but only this backlogs from INdia are holding us. And that we are legal Permanent applicants and Already here. Tell them we can help solve housing problem, create jobs.
Please find some email addresses. Trying to find boston.com's email address.
NY Times : letters@nytimes.com,
Washington post : letters@washpost.com
San Jose Mercury News : letters@mercurynews.com
(CNN online to submit a story): http://www.cnn.com/feedback/forms/form11b.html?1
Fox News: americasnewsroom@foxnews.com
ALL,
While we watch the election drama unfold, here is something everybody can read, if even one of us is lucky to have our story published. Please send emails to the media. Even the president may read it..
Please dont forget to include that we can buy houses, create jobs but only this backlogs from INdia are holding us. And that we are legal Permanent applicants and Already here. Tell them we can help solve housing problem, create jobs.
Please find some email addresses. Trying to find boston.com's email address.
NY Times : letters@nytimes.com,
Washington post : letters@washpost.com
San Jose Mercury News : letters@mercurynews.com
(CNN online to submit a story): http://www.cnn.com/feedback/forms/form11b.html?1
Fox News: americasnewsroom@foxnews.com
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eb3_nepa
04-21 11:04 AM
I am all for abonding H1B, when did IV promoted H1B program, we have this mess today due to H1B and itz loopholes,
I don't use word slave very lightly, but we need to accept the fact many of H1Bs are handcuffed with current system, We need system similar to Austrialia, Canada a point based system or very similar to Nurses in US they get GC before even coming to US.
H1Bs are truly pulling the wages down, I know I did when I came here I have no argument with anti-immigrants with this subject, but giving GCs to these H1Bs will have fair chance to compete in Market
Corporate leaders such Bill Gates and Senators such as Kennady do know this issue and have deep understanding but they don't give a rat about it,
Please do not say negative things against the H1B visa guys. Remember if it was not for the H1B, you guys would be in ur home countries right now. Let us all please stop abusing the VERY priviledge we have. H1Bs are FREE to change jobs at will. If you dont like your job CHANGE IT or GO BACK. Slaves cannot change jobs OR go back to their own countries. We cannot expect the system to start bowing to our wishes everytime we dont like what we currently have. No i am not an anti immigrant, Yes I am from India and stuck like the rest of you in retrogression. Right now i would walk a million miles to obtain an H1B visa for my spouse who is stuck in limbo coz of this H1B lottery.
Also this discussion is FUTILE. IV now after 2 years of slogging has a "NAME BRAND". Logiclife has explained that this name cannot be changed. It is a good idea to be called "Legal Immigration Voice" but it is TOO late now. Instead of discussing this let us help the Current Immigration Voice name to achieve success.
I don't use word slave very lightly, but we need to accept the fact many of H1Bs are handcuffed with current system, We need system similar to Austrialia, Canada a point based system or very similar to Nurses in US they get GC before even coming to US.
H1Bs are truly pulling the wages down, I know I did when I came here I have no argument with anti-immigrants with this subject, but giving GCs to these H1Bs will have fair chance to compete in Market
Corporate leaders such Bill Gates and Senators such as Kennady do know this issue and have deep understanding but they don't give a rat about it,
Please do not say negative things against the H1B visa guys. Remember if it was not for the H1B, you guys would be in ur home countries right now. Let us all please stop abusing the VERY priviledge we have. H1Bs are FREE to change jobs at will. If you dont like your job CHANGE IT or GO BACK. Slaves cannot change jobs OR go back to their own countries. We cannot expect the system to start bowing to our wishes everytime we dont like what we currently have. No i am not an anti immigrant, Yes I am from India and stuck like the rest of you in retrogression. Right now i would walk a million miles to obtain an H1B visa for my spouse who is stuck in limbo coz of this H1B lottery.
Also this discussion is FUTILE. IV now after 2 years of slogging has a "NAME BRAND". Logiclife has explained that this name cannot be changed. It is a good idea to be called "Legal Immigration Voice" but it is TOO late now. Instead of discussing this let us help the Current Immigration Voice name to achieve success.
more...
MONCYS
04-28 01:16 PM
nice thread
vamsi_poondla
10-02 04:18 PM
Get hold of a qualified immigration attorney and ask for a paid advice.
more...
GCAmigo
01-24 12:51 PM
contributions have to be voluntary.. finger pointing would be of no good & on the contrary will be counter-productive..
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techbuyer77
09-17 01:09 PM
what is your PD, Country etc?
My pd is jan 27/2004
ROW eb3
Any idea in regard to the consecuences when I naturalize?
My pd is jan 27/2004
ROW eb3
Any idea in regard to the consecuences when I naturalize?
more...
bekugc
04-02 11:09 AM
zcool,
did ur company send all the items asked for in the RFE?
thanks
did ur company send all the items asked for in the RFE?
thanks
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GC08
08-26 11:04 AM
Have to agree that it appears to be the case. Look at I140... there is a 4 month difference between the 2 centers. How could that happen?! How come they did not balance the workload to ensure work is done in an orderly way? Probably it is pure mismanagement and incompetence???
more...
Gravitation
07-13 12:50 PM
Can we have this ridiculous and scandalous thread deleted.
Pure speculation masquerading as scoop.
Pure speculation masquerading as scoop.
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bkam
04-13 12:12 PM
The prospective H1 new-comers from India, China etc should be properly informed about the obstacles they would face in the US when applying for permanent residence.
If central Indian newspapers, for example, publish articles describing the current situation of hundreds of thousands of GC applicants, these guys would think twice before coming here and my choose to immigrate elsewhere. As a result the "brain" flow to this country will decrease. And then you will see how quickly will be resolved issues like "backlog", "retrogression" etc.
This would be one of the "negative feedbacks" which, every engineer knows that, keep the system running smoothly.
Another helpful "negative feedback" is the trend of GC applicants stuck in the system moving out of the US. Understandably, most immigrant are reluctant to take this tough step but the trend is here and it grows like a snowball.
So, let's help the Americans to keep their immigration system running smoothly by applying the proper feedbacks :-)
If central Indian newspapers, for example, publish articles describing the current situation of hundreds of thousands of GC applicants, these guys would think twice before coming here and my choose to immigrate elsewhere. As a result the "brain" flow to this country will decrease. And then you will see how quickly will be resolved issues like "backlog", "retrogression" etc.
This would be one of the "negative feedbacks" which, every engineer knows that, keep the system running smoothly.
Another helpful "negative feedback" is the trend of GC applicants stuck in the system moving out of the US. Understandably, most immigrant are reluctant to take this tough step but the trend is here and it grows like a snowball.
So, let's help the Americans to keep their immigration system running smoothly by applying the proper feedbacks :-)
more...
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eager_immi
01-24 12:08 PM
Please someone who is net savvy or from the core team could you please create something like this: where we can track people's contribution.
This is not so that people can finger point but so that people who have not paid are "tempted" and people who have made major contributions are recognized.
Thanks
This is not so that people can finger point but so that people who have not paid are "tempted" and people who have made major contributions are recognized.
Thanks
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manand24
10-05 01:04 PM
My wife and I did our finger printing today, LUD on both our I-485 applications today.
I called FBI, the customer service representative told me that the results for me and my wife have been sent to USCIS.
See signature for details:
--------------------------
PD 04/2006 EB2 INDIA
I-140 NSC AP 10/2006
SELF:
I-485 NSC RD 07/02/07; ND 09/10/2007; RD 09/17/2007 from NSC
I-131 (Travel Document) NSC RD 07/02/07; ND 09/10/2007; RD 09/17/2007 from NSC
I-765 (EAD) NSC RD 07/02/07; ND 09/10/2007; Card received on 10/03/2007
BioMetrics given on 10/05/2007
WIFE
I-485 NSC RD 07/02/07; ND 09/10/2007; RD 09/17/2007 from NSC
I-131 (Travel Document) NSC RD 07/02/07; ND 09/10/2007;RD 09/18/2007 from NSC
I-765 (EAD) NSC RD 07/02/07; ND 09/10/2007; Card received on 10/03/2007
BioMetrics given on 10/05/2007
--------------------------
I called FBI, the customer service representative told me that the results for me and my wife have been sent to USCIS.
See signature for details:
--------------------------
PD 04/2006 EB2 INDIA
I-140 NSC AP 10/2006
SELF:
I-485 NSC RD 07/02/07; ND 09/10/2007; RD 09/17/2007 from NSC
I-131 (Travel Document) NSC RD 07/02/07; ND 09/10/2007; RD 09/17/2007 from NSC
I-765 (EAD) NSC RD 07/02/07; ND 09/10/2007; Card received on 10/03/2007
BioMetrics given on 10/05/2007
WIFE
I-485 NSC RD 07/02/07; ND 09/10/2007; RD 09/17/2007 from NSC
I-131 (Travel Document) NSC RD 07/02/07; ND 09/10/2007;RD 09/18/2007 from NSC
I-765 (EAD) NSC RD 07/02/07; ND 09/10/2007; Card received on 10/03/2007
BioMetrics given on 10/05/2007
--------------------------
more...
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pappu
04-03 10:30 AM
http://immigrationvoice.org/forum/showthread.php?t=24795
I am in serious trouble, please read and comment if you can help.
- Spouse (Primary) and I filed I 485 in June 2007. (PD March 2004)
- Spouse Application is approved in July 2008
- Spouse changes employers after approval
- In October 08 we write to the law firm that initially filed the I 485 to withdraw their representation.
- In Nov 08 the Law firm incorrectly writes to USCIS to with draw the I 485 application.
- In March 08 I get an email from USCIS stating my application is withdrawn.
I obtained the notice of withdrawal and the notice says
'As a result of your request, your application is considered withdrawn, and it will recieve no further consideration by USCIS. There is no appeal to this decision.'
Neither I nor my wife have authorized the attorney to withdraw the application, we only wanted them to withdraw their representation (I have the letter we wrote to them and it clearly states it.)
what can we do.
Is it possible to reinstate our case?
Can we refile my AOS again, even thought the primary applicants green card is approved more than 6 months ago?
Thanks for contacting IV with your SOS.
An IV core member is going to be helping you to fix this with USCIS. Let us know if you need help. He already tried contacting you yesterday.
As IV grows maybe this is a help IV can extend to all its donor members and help them if they get in such extreme distress situations. This is one of the ideas we are thinking for our members in the donor group.
Update: April 13,2009
http://immigrationvoice.org/forum/showthread.php?t=24824
The problem that IV member Drifter had with his I485 application has been fixed. IV had contacted USCIS and USCIS said that they will reinstate his case.
I am in serious trouble, please read and comment if you can help.
- Spouse (Primary) and I filed I 485 in June 2007. (PD March 2004)
- Spouse Application is approved in July 2008
- Spouse changes employers after approval
- In October 08 we write to the law firm that initially filed the I 485 to withdraw their representation.
- In Nov 08 the Law firm incorrectly writes to USCIS to with draw the I 485 application.
- In March 08 I get an email from USCIS stating my application is withdrawn.
I obtained the notice of withdrawal and the notice says
'As a result of your request, your application is considered withdrawn, and it will recieve no further consideration by USCIS. There is no appeal to this decision.'
Neither I nor my wife have authorized the attorney to withdraw the application, we only wanted them to withdraw their representation (I have the letter we wrote to them and it clearly states it.)
what can we do.
Is it possible to reinstate our case?
Can we refile my AOS again, even thought the primary applicants green card is approved more than 6 months ago?
Thanks for contacting IV with your SOS.
An IV core member is going to be helping you to fix this with USCIS. Let us know if you need help. He already tried contacting you yesterday.
As IV grows maybe this is a help IV can extend to all its donor members and help them if they get in such extreme distress situations. This is one of the ideas we are thinking for our members in the donor group.
Update: April 13,2009
http://immigrationvoice.org/forum/showthread.php?t=24824
The problem that IV member Drifter had with his I485 application has been fixed. IV had contacted USCIS and USCIS said that they will reinstate his case.
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IV2007
05-07 12:31 PM
Guys, I am from Farmington hills, region.
I am in the close proximity for Detroit meet.
Let's all pull together in the efforts.
I can organize to meet up any senator or house reps and present our case .
Here are my details.
shree.rk@gmail.com
313-212-3560
Also mailed Amit, Prasad & Anand.
-Shree
I am in the close proximity for Detroit meet.
Let's all pull together in the efforts.
I can organize to meet up any senator or house reps and present our case .
Here are my details.
shree.rk@gmail.com
313-212-3560
Also mailed Amit, Prasad & Anand.
-Shree
more...
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pappu
02-11 03:10 PM
EAD bole too....Daily Ticket
GC bole too....Quaterly Pass
Illegal Immigrant....without ticket...:).....freeloader
And what is ctizenship?
Lifetime pass :)
GC bole too....Quaterly Pass
Illegal Immigrant....without ticket...:).....freeloader
And what is ctizenship?
Lifetime pass :)
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StuckInTheMuck
07-30 02:08 PM
I read somewhere this could mean your husband may to be called for an interview at that local office. These are supposedly standard interviews, usually no hassle (for straightforward cases).
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validIV
03-18 10:48 AM
One can work on current H-1B (irrespective on basis it was approved), until the H-1B petition is revoked or canceled or expired. However, beneficiary is not eligible for new/extension of H-1B after I-485 denial.
We can quote memos and statutes all day and it would go nowhere. This is simply a matter of interpretation by USCIS and how it applies to the situtation.
Best advice? Talk to more than 1 immigration lawyer.
We can quote memos and statutes all day and it would go nowhere. This is simply a matter of interpretation by USCIS and how it applies to the situtation.
Best advice? Talk to more than 1 immigration lawyer.
indyanguy
06-13 05:18 PM
As understand the process
1) First one should change the employer with new job.
2) Apply for new Labor (with EB2 requirements) -- PERM 3 months.
3) Apply for new I-140 (use old I-485) -- PREMIUM 1 month.
4) No need to apply for NEW I-485.
Guys, this is the best option for EB3, use it.. with in 4 months you are current... let us port to EB2...no need to wait this VISA bulletin saga.
If my EB3 140 is pending and if when I apply for EB2 140, I dont have the approval, can the interfile be done at the later date?
I am seriously considering porting my date. Any idea how much approx it would cost for the PERM + 140 process (lawyer and USCIS fee)?
1) First one should change the employer with new job.
2) Apply for new Labor (with EB2 requirements) -- PERM 3 months.
3) Apply for new I-140 (use old I-485) -- PREMIUM 1 month.
4) No need to apply for NEW I-485.
Guys, this is the best option for EB3, use it.. with in 4 months you are current... let us port to EB2...no need to wait this VISA bulletin saga.
If my EB3 140 is pending and if when I apply for EB2 140, I dont have the approval, can the interfile be done at the later date?
I am seriously considering porting my date. Any idea how much approx it would cost for the PERM + 140 process (lawyer and USCIS fee)?
kshitijnt
04-22 02:24 AM
Hopefully no one replies to your post as yours is substitution case.
Despite using substitution he is in 9th year of H1. So chill
Despite using substitution he is in 9th year of H1. So chill
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