cdeneo
04-02 10:12 PM
Related question:
You get on the EAD track and take up a contract offer. Now as I understand it, AC21 will not apply to the contract offer and the contracting employer will not give a letter stating to continue the GC process since you are on contract. If the original sponsoring employer revokes the I-140 petition (I-140 approved and 180 days have passed post 485 submission), this would basically cause a NOID and the only way to not have the 485 filing denied would be to reply to the NOID with information of a full time offer in a same or similar job and the new employer willing to continue the GC process - is this accurate?
Again, this is merely assuming that I-140 is revoked by the employer who had started the GC process once the employee leaves and takes up another job on contract using EAD. This would mean that there is risk in this scenario (where the I-140 petition is revoked) to take up employment on contract.
Would like to hear from others of what they think about this?
The deal is: GC application is for a future job offer. That means, the company that files for your GC tells the USCIS that they will employ you in the xyz position once you get the green card.
According to the law, you are not required to have worked for that employer at all. Therefore, yes, you can get an employment letter from any employer (180 days after filing I-485), as long as the offer is bonafide, the job is full time & permanent, and the job duties & occupation is similar to the one mentioned in your labor certification.
Technically, you can work for a company like TekSystems on EAD, and when time comes, provide USCIS with a bonafide employment letter from any company that wants to hire you when you get the GC.
Now, some people have raised concerns over the question of "intent". How do you reinforce the fact that you indeed intend to join the new employer when you get the GC? For this reason, when people switch jobs using AC21, they generally go to work for a company that will give them the employement letter.
Ofcourse, the above discussion is in light of what we know today. The USCIS is working on modifying some of the provisions, so things may change a bit in the near future.
Ams
You get on the EAD track and take up a contract offer. Now as I understand it, AC21 will not apply to the contract offer and the contracting employer will not give a letter stating to continue the GC process since you are on contract. If the original sponsoring employer revokes the I-140 petition (I-140 approved and 180 days have passed post 485 submission), this would basically cause a NOID and the only way to not have the 485 filing denied would be to reply to the NOID with information of a full time offer in a same or similar job and the new employer willing to continue the GC process - is this accurate?
Again, this is merely assuming that I-140 is revoked by the employer who had started the GC process once the employee leaves and takes up another job on contract using EAD. This would mean that there is risk in this scenario (where the I-140 petition is revoked) to take up employment on contract.
Would like to hear from others of what they think about this?
The deal is: GC application is for a future job offer. That means, the company that files for your GC tells the USCIS that they will employ you in the xyz position once you get the green card.
According to the law, you are not required to have worked for that employer at all. Therefore, yes, you can get an employment letter from any employer (180 days after filing I-485), as long as the offer is bonafide, the job is full time & permanent, and the job duties & occupation is similar to the one mentioned in your labor certification.
Technically, you can work for a company like TekSystems on EAD, and when time comes, provide USCIS with a bonafide employment letter from any company that wants to hire you when you get the GC.
Now, some people have raised concerns over the question of "intent". How do you reinforce the fact that you indeed intend to join the new employer when you get the GC? For this reason, when people switch jobs using AC21, they generally go to work for a company that will give them the employement letter.
Ofcourse, the above discussion is in light of what we know today. The USCIS is working on modifying some of the provisions, so things may change a bit in the near future.
Ams
siddar
09-04 11:09 AM
That means, after the forms signed, you got one year to apply for 485. Once applied, USCIS may request for another medical after 18 months.
This is my understanding....
This is my understanding....
DirCls
07-15 06:18 AM
I am in Houston
makemygc
06-22 11:18 AM
Due to time contraints doctor sent me for a chest x-ray and skipped the TB skin test. Chest x-ray came back negative. Question: Is a TB skin test required if a chest x-ray is negative? No remarks were made as to why TB skin test was not given. Should suggest, to a reasonable person, that no active TB is present
My civil surgeon advised me against by-passing skin test. He said, he has done that in the past but peope got an RFE.
My civil surgeon advised me against by-passing skin test. He said, he has done that in the past but peope got an RFE.
more...
sss123
10-15 02:37 PM
Hi Sam,
I am in same situation i didn't receive the cards did you find any thing about your card. please let me know it helps me a lot.
Thanks
I am in same situation i didn't receive the cards did you find any thing about your card. please let me know it helps me a lot.
Thanks
abhaykul
05-04 02:05 PM
Guys,
1) For 7 th yr extension your LC and I 140 have to be approved if your LC
is less than 365 days old at the end of 6 th year.
2) If your LC is more than 365 days at the end of 6 yrs it does not matter if it is approved or not you are still eligible for 7 th year extension.
Abhay
1) For 7 th yr extension your LC and I 140 have to be approved if your LC
is less than 365 days old at the end of 6 th year.
2) If your LC is more than 365 days at the end of 6 yrs it does not matter if it is approved or not you are still eligible for 7 th year extension.
Abhay
more...
roseball
02-20 09:04 AM
I am starting my 10th year on H1 Visa, and thus my company has renewed a few times already. On one of those instances, through ignorance I suppose, my H1 was renewed but my dependents were not. There was an assumption, which I now understand to be wrong, that my renewal would cover my dependents as well. Since after that we have renewed for all of us successfully.
One of the dependents, the wife, traveled out of the country and re entered with a H4 Stamp, which I understand cures her status. My son, however has never done this. We all have I-485's pending and I am worried about what that means for him. I am thinking of travelling out of the country, like Canada, to get our visas stamped and re - enter on the H status.
Question is: Is there any risk in that? If we go to, say Toronto to get the visa renewal, is there any chance that they would deny him? We have the 797 approvals for all of us. The last thing I want is to get stuck outside the country. I have reason to believe we have been pre adjudicated, if this means anything, and it is possible that if I do nothing it would all work out. However, I do not want to take chances with my kid's future.
Any one have any insight? Would going to Canada and returning on H4 cure his status? And are there any risks to this strategy? Thanks for the insight.
Was your son's H4 status valid when you filed his I-485? If so, even though his H4 is not valid now, he will automatically be in legal status based on his pending I-485. So no need to go for stamping. However, if his H4 was not valid when you filed his I-485, then there is a risk of his I-485 getting denied. In which case, getting a H4 visa stamp and re-entering would clear his out-of-status issue. One more thing, when you applied for dependent H4s after realizing the mistake, were the approvals with attached I-94? If not, your son won't be in H4 status until he goes out of the country and re-enters after getting a H4 VISA stamp.
One of the dependents, the wife, traveled out of the country and re entered with a H4 Stamp, which I understand cures her status. My son, however has never done this. We all have I-485's pending and I am worried about what that means for him. I am thinking of travelling out of the country, like Canada, to get our visas stamped and re - enter on the H status.
Question is: Is there any risk in that? If we go to, say Toronto to get the visa renewal, is there any chance that they would deny him? We have the 797 approvals for all of us. The last thing I want is to get stuck outside the country. I have reason to believe we have been pre adjudicated, if this means anything, and it is possible that if I do nothing it would all work out. However, I do not want to take chances with my kid's future.
Any one have any insight? Would going to Canada and returning on H4 cure his status? And are there any risks to this strategy? Thanks for the insight.
Was your son's H4 status valid when you filed his I-485? If so, even though his H4 is not valid now, he will automatically be in legal status based on his pending I-485. So no need to go for stamping. However, if his H4 was not valid when you filed his I-485, then there is a risk of his I-485 getting denied. In which case, getting a H4 visa stamp and re-entering would clear his out-of-status issue. One more thing, when you applied for dependent H4s after realizing the mistake, were the approvals with attached I-94? If not, your son won't be in H4 status until he goes out of the country and re-enters after getting a H4 VISA stamp.
srarao
07-19 02:30 PM
Can somebody let me know
more...
jonty_11
11-21 10:24 AM
I am a bit concerned that the debate has now been confined to H1B increase. I am not against that. but our cause seems to be slowly getting gropped from the tech lobby;s jargon. We may end up only seeing H1B relief in the Lame Duck session
gcformeornot
04-07 01:27 PM
In very basic terms.
If you have left your employer after filing AC21(140 approved and 485 pending for 180 days), your employer then revoked your 140 and used the original labor to file 140 for another person(substitution). Another person has applied for 485.
Then original applicant's 485 will be denied.....because AAO is saying One Labor can be used only for one Green Card....
Mind you this is all relates to pre July 2007.
If you have left your employer after filing AC21(140 approved and 485 pending for 180 days), your employer then revoked your 140 and used the original labor to file 140 for another person(substitution). Another person has applied for 485.
Then original applicant's 485 will be denied.....because AAO is saying One Labor can be used only for one Green Card....
Mind you this is all relates to pre July 2007.
more...
conchshell
09-17 11:06 AM
Keep calling guys ...
seba
09-24 03:29 PM
GreenTech, that's a good question. I am considering to transfer to offices in Asia or Europe next year and then attend B-school in the US after 2 years. That way, once I graduate, I will also at least have the option to get another 6-year H1 in the US.
thepaew, thanks for the advice. I have been thinking about this for a while, and my options are:
1) Start the GC process now and wait until I get the GC. Then think about B-school after I get the GC (I am not interested in part-time programs).
2) Forget the GC process and transfer to Europe or Asia next year and then attend B-school in the US after a few years.
Personally for me, having an MBA in 5 years is more valuable than having a GC in 5 years, so I am leaning towards option 2 above. However, if I don't get into B-school, then that's another story... I would probably transfer back to the US on L1 and start the GC process. At that point, I would apply under EB2 anyway with my Bachelor's and 5+ years experience.
Thanks again everyone for the replies and advice. And yes, of course you are not lawyers, but your help is still very useful. During my H1 renewal process, I got more useful info from here than from my company's lawyer!
thepaew, thanks for the advice. I have been thinking about this for a while, and my options are:
1) Start the GC process now and wait until I get the GC. Then think about B-school after I get the GC (I am not interested in part-time programs).
2) Forget the GC process and transfer to Europe or Asia next year and then attend B-school in the US after a few years.
Personally for me, having an MBA in 5 years is more valuable than having a GC in 5 years, so I am leaning towards option 2 above. However, if I don't get into B-school, then that's another story... I would probably transfer back to the US on L1 and start the GC process. At that point, I would apply under EB2 anyway with my Bachelor's and 5+ years experience.
Thanks again everyone for the replies and advice. And yes, of course you are not lawyers, but your help is still very useful. During my H1 renewal process, I got more useful info from here than from my company's lawyer!
more...
makemygc
09-19 07:21 PM
Hi Joozz,
I've faced a similar situation. My H1B was issues in Nov 2000 and I also changed employer 2 times and joined by current company in Mar 2005. As a part of H1 transfer, my visa got extended until Mar 2008, whereas my 6 year expires in Nov 2006. In April 2006, since we knew that actualy visa expiration date is Nov 2006, my employer's attorney's filed for H1 extension based on my pending labor with my current company and also clearly stating in the application that my H1 extension for 8 years is a mistake from USCIS part.
Though USCIS has not responded admitting their mistake, but I've got 1 year H1 exntesion until Nov 2007. So even though I've lost 1 year added advantage but I got my piece of mind. My company will file for 3 years extension, once we get I-140 approved.
Hope this helps,
MakeMyGC
Hi guys,
Is there anyway somebody can give me an advice what to do?
My first H1B was issued in December 2000, then I changed employer 2 times and joined my current company in January of 2005. My current employer got my visa transferred and new visa was issued till April 2006. In March my employer sent another petition for H1B extension and this petition was approved in June 2006 and it says its valid till October 2008. It means totally I can stay on H1B almost 8 years? It seems to me its some sort of clerical mistake and I am not sure that I do not violate any immigration law staying here.
Here is another thing that confuses me even more. My current employer started my GC on EB3 though. In January 2006 the employer filed I140 that has been approved May 15 2006. Even though, we did not file any additional requests (I heard I can extend H1B for 3 years with approved 140) I am wondering if USCIS figured it by themselves when they were approving my H1B petition.
Recently I have got decent job offer from another employer that willing to transfer my H1B and start my GC from the beginning. Will it be a huge risk to accept this job offer?
I am sorry for asking it here. We do not have a layer for GC procedure. I was trying to find one that can clarify my situation but layers who I found did not want to give me a legal advice even I was ready to pay for it. They were demanding $1000 retainer prior any work done.
Thanks in advance.
I've faced a similar situation. My H1B was issues in Nov 2000 and I also changed employer 2 times and joined by current company in Mar 2005. As a part of H1 transfer, my visa got extended until Mar 2008, whereas my 6 year expires in Nov 2006. In April 2006, since we knew that actualy visa expiration date is Nov 2006, my employer's attorney's filed for H1 extension based on my pending labor with my current company and also clearly stating in the application that my H1 extension for 8 years is a mistake from USCIS part.
Though USCIS has not responded admitting their mistake, but I've got 1 year H1 exntesion until Nov 2007. So even though I've lost 1 year added advantage but I got my piece of mind. My company will file for 3 years extension, once we get I-140 approved.
Hope this helps,
MakeMyGC
Hi guys,
Is there anyway somebody can give me an advice what to do?
My first H1B was issued in December 2000, then I changed employer 2 times and joined my current company in January of 2005. My current employer got my visa transferred and new visa was issued till April 2006. In March my employer sent another petition for H1B extension and this petition was approved in June 2006 and it says its valid till October 2008. It means totally I can stay on H1B almost 8 years? It seems to me its some sort of clerical mistake and I am not sure that I do not violate any immigration law staying here.
Here is another thing that confuses me even more. My current employer started my GC on EB3 though. In January 2006 the employer filed I140 that has been approved May 15 2006. Even though, we did not file any additional requests (I heard I can extend H1B for 3 years with approved 140) I am wondering if USCIS figured it by themselves when they were approving my H1B petition.
Recently I have got decent job offer from another employer that willing to transfer my H1B and start my GC from the beginning. Will it be a huge risk to accept this job offer?
I am sorry for asking it here. We do not have a layer for GC procedure. I was trying to find one that can clarify my situation but layers who I found did not want to give me a legal advice even I was ready to pay for it. They were demanding $1000 retainer prior any work done.
Thanks in advance.
cessua
06-09 06:37 PM
So are you guys saying that if this bill passes and it is signed by Bush it won't really help the EB3 group?
Shouldn't we see the priority date moving fast with the stuff below?:
For US Master and higher degrees;
For Medical specialty certification based on post doctoral training experience;
For STEM degrees who have been working in a related field during a 3 yr; period preceding their application for an immigrant visa;
Spouses and children of EB applicants;
Shouldn't we see the priority date moving fast with the stuff below?:
For US Master and higher degrees;
For Medical specialty certification based on post doctoral training experience;
For STEM degrees who have been working in a related field during a 3 yr; period preceding their application for an immigrant visa;
Spouses and children of EB applicants;
more...
yabadaba
06-22 09:29 AM
the civil surgeon told me that as per CDC directive all applicants need to have a TB skin test irrespective of the X ray. Good luck with 693
gen_tp
09-02 12:48 AM
Immigration Voice:
NSC:
cokeraj Jun 2004
sjagadeesan Jun 2004
nni123 Aug 2004
Nashim (co-worker) Nov 2004
aachoo Dec 2004
kurtz_wolfgang Dec 2004
TSC:
ganesha Apr 2004
NolaIndian32 04.30.2004
inskrish May 2004
Tortoise May 2004
GCWhru (dependent) Sep 2004
lotus26 (dependent) Sep 2004
adriansquare (NIW) Oct 2004
GCNirvana Dec 2004
mpek Dec 2004
Service Center Unknown:
arav_m Dec 2004
NSC:
hope1234 04.05.2004
ms665 04.07.2004
Wantgc191 04.14.2009
mitulpatel 04.15.2004
whenever 06.10.2004
srsga 06.30.2004
nandyap 10.18.2004
priderock 10.27.2004
TSC:
ItsGCTime 03.16.2004
rghrdr777 04.01.2004
sreenip4 05.04.2004
EduKondalaVada 05.22.2004
curryimmigrant 07.17.2004
LongHuntforGC Aug 2004
rajesh144 08.08.2004
crazy4gc 08.18.2004
msb0 08.28.2004
mallu37 09.13.2004
simran (dependent) 10.03.2004
ksknov2004 (dependent) 11.01.2004
vurramass 12.11.2004
tinkerer 12.13.2004
awaitinggc 12.24.2004
vb2012 12.24.2004
surmut 12.28.2004
greenedtoday 01.05.2005
NSC:
cokeraj Jun 2004
sjagadeesan Jun 2004
nni123 Aug 2004
Nashim (co-worker) Nov 2004
aachoo Dec 2004
kurtz_wolfgang Dec 2004
TSC:
ganesha Apr 2004
NolaIndian32 04.30.2004
inskrish May 2004
Tortoise May 2004
GCWhru (dependent) Sep 2004
lotus26 (dependent) Sep 2004
adriansquare (NIW) Oct 2004
GCNirvana Dec 2004
mpek Dec 2004
Service Center Unknown:
arav_m Dec 2004
NSC:
hope1234 04.05.2004
ms665 04.07.2004
Wantgc191 04.14.2009
mitulpatel 04.15.2004
whenever 06.10.2004
srsga 06.30.2004
nandyap 10.18.2004
priderock 10.27.2004
TSC:
ItsGCTime 03.16.2004
rghrdr777 04.01.2004
sreenip4 05.04.2004
EduKondalaVada 05.22.2004
curryimmigrant 07.17.2004
LongHuntforGC Aug 2004
rajesh144 08.08.2004
crazy4gc 08.18.2004
msb0 08.28.2004
mallu37 09.13.2004
simran (dependent) 10.03.2004
ksknov2004 (dependent) 11.01.2004
vurramass 12.11.2004
tinkerer 12.13.2004
awaitinggc 12.24.2004
vb2012 12.24.2004
surmut 12.28.2004
greenedtoday 01.05.2005
more...
ravish_kaipa
09-27 04:16 PM
Hi
Can you please confirm from your lawyer , if the A# shows up only if your 140 is approved or do you get one as soon as you have the receipt number . The reason I ask is , I saw an A# on my 485 forms that my lawyer filled and its the same number that shows up on my EAD and FP . However my company won't tell me if my 140 is approved or not .. so trying to decipher...
Thanks
tinoue I will suggest talk to lawyer,
As per my lawyer, If at the time of filing of I-485 , you already have I-140 approved , you are supposed to write A# I-140 on I-485 Application.
Otherwise they might assign New One..
If you remember on I-485 Application there is place for A#.
Can you please confirm from your lawyer , if the A# shows up only if your 140 is approved or do you get one as soon as you have the receipt number . The reason I ask is , I saw an A# on my 485 forms that my lawyer filled and its the same number that shows up on my EAD and FP . However my company won't tell me if my 140 is approved or not .. so trying to decipher...
Thanks
tinoue I will suggest talk to lawyer,
As per my lawyer, If at the time of filing of I-485 , you already have I-140 approved , you are supposed to write A# I-140 on I-485 Application.
Otherwise they might assign New One..
If you remember on I-485 Application there is place for A#.
Juan28210
11-03 05:16 PM
Here's my exact situation:
- My employer is company A
- I am assigned by Company A to Company B (corp-to-corp)
- Company B assigned me to Client X
- I want to move to Company Z
- Company Z would assign me to the same Client X
My non-compete clause says something like... Employee(I) cannot work to client of Company A within 1 year of leaving Company A
Now, is client X considered as client of company A? I'm thinking that company B is the client of company A. Thus, it should be okay if I move to company Z and be assigned to client X.
Any thoughts?
- My employer is company A
- I am assigned by Company A to Company B (corp-to-corp)
- Company B assigned me to Client X
- I want to move to Company Z
- Company Z would assign me to the same Client X
My non-compete clause says something like... Employee(I) cannot work to client of Company A within 1 year of leaving Company A
Now, is client X considered as client of company A? I'm thinking that company B is the client of company A. Thus, it should be okay if I move to company Z and be assigned to client X.
Any thoughts?
ramus
04-27 04:51 PM
Fond this..
http://hagel.senate.gov/index.cfm?FuseAction=PressReleases.Detail&PressRelease_id=219529&Month=4&Year=2007
Is this CIR in sanate?
http://hagel.senate.gov/index.cfm?FuseAction=PressReleases.Detail&PressRelease_id=219529&Month=4&Year=2007
Is this CIR in sanate?
amsgc
04-22 09:05 PM
I was just going over PERM data (http://www.flcdatacenter.com/CasePerm.aspx) for FY 2005 and 2006. I found that 19,515 cases were approved for India, for cases filed between March 2005-Dec 31 2005. This includes EB2 and EB3. This is smaller than what I was expecting.
Anybody have any data on LCs approved (India) for cases filed b/w Jan 04-Mar05?
Anybody have any data on LCs approved (India) for cases filed b/w Jan 04-Mar05?
vik352
12-08 03:19 PM
Thanks ashkam. I am still on H1, this is exactly what I needed to hear. I will confirm this with my attorney too. Thanks again!
According to my attorney, if you are in valid H1 status, your wife can get her H4 stamped, reenter on an H4 and still maintain her GC application. Once she comes back, she can go back to work on her EAD and transition into I-485 pending status.
According to my attorney, if you are in valid H1 status, your wife can get her H4 stamped, reenter on an H4 and still maintain her GC application. Once she comes back, she can go back to work on her EAD and transition into I-485 pending status.
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