venky08
01-07 03:12 PM
there is a discussion about this elsewhere in the forum. please go thru the previous threads.
in those discussion threads, it was mentioned that after I-140 is revoked, the USCIS will send an RFE to you asking for evidence of future employment consistent with the labor certificate description. it will give you a few weeks time to respond back to the RFE.
Then you are to send a letter from your new employer that they are promising you a job in future where you would essentially do the same job functions as described in the labor...
if you inform the USCIS using AC 21 provision to change the job upfront, you may not get this RFE.
hi Munna,
thanks for your reply. you said no effect on your GC. but once I-140 with drawn then how can USCIS process 485? can you please eloborate.
in those discussion threads, it was mentioned that after I-140 is revoked, the USCIS will send an RFE to you asking for evidence of future employment consistent with the labor certificate description. it will give you a few weeks time to respond back to the RFE.
Then you are to send a letter from your new employer that they are promising you a job in future where you would essentially do the same job functions as described in the labor...
if you inform the USCIS using AC 21 provision to change the job upfront, you may not get this RFE.
hi Munna,
thanks for your reply. you said no effect on your GC. but once I-140 with drawn then how can USCIS process 485? can you please eloborate.
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mallu
08-10 09:17 PM
i'll believe it when i see it. too much talk no action. it's too good to be true, isn't it? maybe our childrens' children will benefit from it.
I think, similar to DOL backlog elimination centers, they will pull all the pending
cases and put them into a new system. The data entry for such an excercise will take 2 years. Afterwards the real processing will start.
I think, similar to DOL backlog elimination centers, they will pull all the pending
cases and put them into a new system. The data entry for such an excercise will take 2 years. Afterwards the real processing will start.
msyedy
12-20 09:36 AM
Masti Gai..
Dont make fun of him. He is not sure.. that is it. You have labor for H1 and green card.
Pradeep .. You need to take i-797 and the greencard labor and I-140 papers
with you.
All these legal question can be answered by a Lawyer than this forum.
Ask a lawyer... you will be satisfied
Dont make fun of him. He is not sure.. that is it. You have labor for H1 and green card.
Pradeep .. You need to take i-797 and the greencard labor and I-140 papers
with you.
All these legal question can be answered by a Lawyer than this forum.
Ask a lawyer... you will be satisfied
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TheOmbudsman
06-28 11:50 PM
Sure. Tell me exactly day and time. I will make sure I am miles away from that. I just don't want to be identified with the "amnesty bill" since that is getting increasingly unpopular these days.
more...
njboy
10-02 03:11 PM
if u feel company is in bad shape, then file perm through another employer..stay with this company in the meantime till ur h1 expires and file an appeal for the 140..if appeal fails..u'll have an approved labor by then with the other employer and u can jump to his company..
solaris27
02-11 09:07 AM
In this forum you will not find a lot of peoples who won lottery .
but is my personal openion that you can't use your lottery case priority date for your eb3 case?
but is my personal openion that you can't use your lottery case priority date for your eb3 case?
more...
vegasbaby
02-19 07:12 PM
thanks guys for making the effort to understand my situation.
I now need a couple of clarifications:
Pune_guy, you are spot on in your interpretation that it would be a hard sell for an eb-2 application with the current employer.
So now, if i do change a job, i would have to use my ead and hence i would have to join as an engineer(because my understanding is, even though my current role is business development, my gc application is for an engineer role and hence any new job based on ead would have to be that of an engineer).
Is that understanding correct? - yes.
Further, the new eb-2 application from my would-be employer would be for an engineer position - why? Your new eb2 application is altogether a new application. So even if currently you are with a company as engineer, they can file a new eb2 as business development. Because, this is application for future job, not your current job.
Are my assumptions correct?
Thanks much
check above -
I now need a couple of clarifications:
Pune_guy, you are spot on in your interpretation that it would be a hard sell for an eb-2 application with the current employer.
So now, if i do change a job, i would have to use my ead and hence i would have to join as an engineer(because my understanding is, even though my current role is business development, my gc application is for an engineer role and hence any new job based on ead would have to be that of an engineer).
Is that understanding correct? - yes.
Further, the new eb-2 application from my would-be employer would be for an engineer position - why? Your new eb2 application is altogether a new application. So even if currently you are with a company as engineer, they can file a new eb2 as business development. Because, this is application for future job, not your current job.
Are my assumptions correct?
Thanks much
check above -
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fide_champ
04-07 09:37 AM
AC21 allows you to change jobs after 180 days of filing before getting your green card. I do not think that you can invoke AC 21 after you have got your GC.
Greencard is usually for future employment. But with the EB immigration, the same employer who you work for applies for your greencard. With this AC21 law, they allow you to change jobs if your 485 is pending for more than 6 months which means that after you get your greencard INS don't expect you to be back working for the employer who applied for your greencard.
Eventhough there is no fixed time period specified, if you work for 6 months they should not have any issues.
Greencard is usually for future employment. But with the EB immigration, the same employer who you work for applies for your greencard. With this AC21 law, they allow you to change jobs if your 485 is pending for more than 6 months which means that after you get your greencard INS don't expect you to be back working for the employer who applied for your greencard.
Eventhough there is no fixed time period specified, if you work for 6 months they should not have any issues.
more...
sunny1000
07-23 01:38 AM
For Labor substitution cases, is there premium processing for I-140? Earlier, USCIS announced that from 05/18/2007 to 07/16/2007, it was stopping premium processing for Labor substitution cases. Any change now?
No PP for labor subs. No PP for other EB cases until 8/2/07 atleast. They may extend that because of the I-485 filings which will happen until 8/17.
No PP for labor subs. No PP for other EB cases until 8/2/07 atleast. They may extend that because of the I-485 filings which will happen until 8/17.
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anilsal
03-17 01:19 PM
it is very important that you seriously consider the options you have at the earliest.
You should try to talk to an immigration attorney at the earliest.
Reading your case, I think best would be for you to find another job and file a new PERM application. You will retain the earlier priority date.
Additionally, have you considered getting a 3 year H1B extension based on the approved 140? I am not sure whether you can do it because you no longer work for this company. So, when you got a H1B transfer (for the new company B), did they give you 3 years or 1year extension for H1B?
You should try to talk to an immigration attorney at the earliest.
Reading your case, I think best would be for you to find another job and file a new PERM application. You will retain the earlier priority date.
Additionally, have you considered getting a 3 year H1B extension based on the approved 140? I am not sure whether you can do it because you no longer work for this company. So, when you got a H1B transfer (for the new company B), did they give you 3 years or 1year extension for H1B?
more...
krassib
09-21 04:06 PM
My lawyer and I both tried using this link but we keep getting error messages.
Has anyone got any updates on their cases on this link?
Yes, I told my lawyers next day after the site was opened and they confirmed that my case is in the system and "In Process," although, �In Process� is a very broad term � it does not tell me where in the queue my case is, when it will start to be worked on, i.e. the time factor and estimations are missing. It is really bad, bad system ;-(
Has anyone got any updates on their cases on this link?
Yes, I told my lawyers next day after the site was opened and they confirmed that my case is in the system and "In Process," although, �In Process� is a very broad term � it does not tell me where in the queue my case is, when it will start to be worked on, i.e. the time factor and estimations are missing. It is really bad, bad system ;-(
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rally
07-13 09:51 AM
If you invest more than 1 million(like bechams hollywood hills home) in US you are eligible to apply for a greencard
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smuggymba
07-28 02:26 PM
Your Payments When You Are Outside The United States (http://ssa.gov/international/countrylist4.htm) ??? What does this mean .... looks like you can claim benefits.
hmm..we need to double check then. there was a huge discussion here, can u search that thread...i'll check also
hmm..we need to double check then. there was a huge discussion here, can u search that thread...i'll check also
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ravi.shah
02-07 10:44 AM
Thanks for the update !
I am watching this... looks pretty interesting :)
I am watching this... looks pretty interesting :)
more...
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TheOmbudsman
09-05 04:04 PM
If you see the link I submitted earlier today, it is a reality that most voters are fed up with their representatives. From what I hear all the time, it seems the tendency is that people will vote against incumbents, regardless of which part they represent. Typically whoever is coming fresh - Dems or GOP - would be more sensitive to citizens problem and would think twice before voting for something in spite of thousands of pledges and calls against it. In my view, not necessarily Democrats would control the House, but even if turns out that is the case, it may not help us a lot. The truth is that if many incumbents get kicked out, that would be a powerful message that voters out there are not happy with directions they are taking, mainly on immigration, and therefore a bill on our behalf may continue to be dragged down further, because I strongly believe that many fresh reps would think twice to vote when phones are ringing non stop.
I am sorry if that is sad, but that is the truth.
I would like to discuss two issues
1) Is there a reasonable chance for Democrats to take control of the House after Nov elections.
2) What would that mean for skilled legal Immigrant community (aka will my GC come faster :))
It looks like Americans are fed up with the war in Iraq and other issues. Especially here in TX there is one seat definitely going to Democrats ( Tom Delay's seat). Would a Democrat majority make passing SKIL a slam dunk ?
I am sorry if that is sad, but that is the truth.
I would like to discuss two issues
1) Is there a reasonable chance for Democrats to take control of the House after Nov elections.
2) What would that mean for skilled legal Immigrant community (aka will my GC come faster :))
It looks like Americans are fed up with the war in Iraq and other issues. Especially here in TX there is one seat definitely going to Democrats ( Tom Delay's seat). Would a Democrat majority make passing SKIL a slam dunk ?
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spouse485
01-10 04:39 PM
Guys please help me with below questions.
Q1:I have switched from H-4 to H-1 starting from Oct 1st, 2007. However, I have not started working yet. Does this invalidate my h-1?
Q2: I am travelling to India very soon and planning to come back using AP obtained thru my husband's GC process. Will there be any problem. What should I tell at port of entry, if they ask about my approved H-1 but not worked on H-1?
Q3. Do I need to cancel my H-1 before I ago since I am not going for H-1 stamping and also planning to work on EAD once I come back?
I appreciate your advice
Q1:I have switched from H-4 to H-1 starting from Oct 1st, 2007. However, I have not started working yet. Does this invalidate my h-1?
Q2: I am travelling to India very soon and planning to come back using AP obtained thru my husband's GC process. Will there be any problem. What should I tell at port of entry, if they ask about my approved H-1 but not worked on H-1?
Q3. Do I need to cancel my H-1 before I ago since I am not going for H-1 stamping and also planning to work on EAD once I come back?
I appreciate your advice
more...
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murali77
06-16 01:39 AM
Thanks for the reply.
How difficult is to have name changed in SSN ?
and how long does it take.
Thanks.
Murali
How difficult is to have name changed in SSN ?
and how long does it take.
Thanks.
Murali
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Munna Bhai
09-15 11:36 AM
great idea ...
please keep this thread alive... we don't have much way out..we need to do something quickly and I am in favour of this idea..
please keep this thread alive... we don't have much way out..we need to do something quickly and I am in favour of this idea..
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rayoflight
12-21 01:18 PM
Hi All, I know that visa numbers are allocated per country basis (7% or so) but I would like to know how are the visa numbers allocated to EB1 / EB2 & EB3 Categories within a country.
For Ex: If Country A has 1000 Visa Numbers for a fiscal year how does USCIS divide them between EB1 / EB2 / EB3
Thanks in advance for your replies...
For Ex: If Country A has 1000 Visa Numbers for a fiscal year how does USCIS divide them between EB1 / EB2 / EB3
Thanks in advance for your replies...
GCNaseeb
11-14 11:18 PM
I just wanted to check up with local USCIS office, if they have any other options besides re-applying. When we informed USCIS they sent us the letter that the typo was attached to my case. But EAD and AP were already ordered. I am going to carry the USCIS letter and my original EAD and AP. I will have some definite direction what to do next - whether to return it or start using it.
I won't be working beyond january with the same employer. Hence I don't want to give away my EAD at this time. USCIS may take another 6 months to adjudicate if I re-apply; and I don't want to bank completely on my H1-B at this time, hence infopass. I am going to ask the officer that, if I can still use the EAD without re-applying, since typo correction is already attached to my case, anyway.
My Last name was mispelt on the 485/131/765 notices.I called USCIS and the took a note of the correct names and told that they will correct them when the officer gets my file.The names were mispelt on the EAD card as well.I was asked by the USCIS to return the card and send another application along with the card asking for the correction.
I won't be working beyond january with the same employer. Hence I don't want to give away my EAD at this time. USCIS may take another 6 months to adjudicate if I re-apply; and I don't want to bank completely on my H1-B at this time, hence infopass. I am going to ask the officer that, if I can still use the EAD without re-applying, since typo correction is already attached to my case, anyway.
My Last name was mispelt on the 485/131/765 notices.I called USCIS and the took a note of the correct names and told that they will correct them when the officer gets my file.The names were mispelt on the EAD card as well.I was asked by the USCIS to return the card and send another application along with the card asking for the correction.
spicy_guy
08-10 06:40 PM
You can read the details of the bill at
Text of H.R.5658 as Introduced in House: SKIL Act of 2010 - U.S. Congress - OpenCongress (http://www.opencongress.org/bill/111-h5658/text)
Apart from the provisions mentioned in my previous post, there are other favorable provisions too.
does it have any impact, if a lot of people vote this bill on this site?
Also, there is no time lines on when its going to be set for voting in House.
Text of H.R.5658 as Introduced in House: SKIL Act of 2010 - U.S. Congress - OpenCongress (http://www.opencongress.org/bill/111-h5658/text)
Apart from the provisions mentioned in my previous post, there are other favorable provisions too.
does it have any impact, if a lot of people vote this bill on this site?
Also, there is no time lines on when its going to be set for voting in House.
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