newuser
05-30 12:35 PM
If I remember my Uncle's word correctly, it was Ted Kennedy who was instrumental in relaxing (changing) the rules for future immigrants in 60 or 70's. Only then, we saw a huge increase in immigrants from India especially doctor's and engineers in 60's & 70's.
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ChangingJobs
06-30 09:22 PM
Changingjobs:
You can begin working for company B on your H as soon as company B files an H petition for you, since the H1B is portable. You can also begin working on your EAD for company B, although that will result in you no longer being in H1B status.
Any employment with company B is a violation of your H1B with company A. If the petition from company B is denied, you will no longer be in H1B status.
You could then go back to work for company A on the EAD. If you wanted to work for company A on the H1B you would have to leave the US and reenter on an H1B visa.
I am assuming your EAD is from an I-140/I-485 filed by employer A. You will want to make sure that your I-140 is portable under AC21, otherwise company A could pull your I-140 causing your I-485 and EAD to be denied.
Thanks a lot for the clear answer. This is very useful.
You can begin working for company B on your H as soon as company B files an H petition for you, since the H1B is portable. You can also begin working on your EAD for company B, although that will result in you no longer being in H1B status.
Any employment with company B is a violation of your H1B with company A. If the petition from company B is denied, you will no longer be in H1B status.
You could then go back to work for company A on the EAD. If you wanted to work for company A on the H1B you would have to leave the US and reenter on an H1B visa.
I am assuming your EAD is from an I-140/I-485 filed by employer A. You will want to make sure that your I-140 is portable under AC21, otherwise company A could pull your I-140 causing your I-485 and EAD to be denied.
Thanks a lot for the clear answer. This is very useful.
thomachan72
05-15 04:20 PM
I got my GC last year auguest but her gc/485 status is stil pending. Is it even possible based on her case was dependent on me? What can I do abt it. Thanks.
your PD is 2006 and you got the GC? please correct your PD.
your PD is 2006 and you got the GC? please correct your PD.
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rajuseattle
08-14 05:31 PM
raminmd,
dont worry your attorney knows the process of contacting Service centre folks in these type of situation where USCIS erroneously rejected your wife's I-485 petition.
He will know thro' his AILA liason the appropriate procedure to get hold of USCIS and correct this situation.
Your wife wont be out of status, since she entered on H-4 dependent status, once her I-485 gets in processing queue she will be in AoS pending status and that will let her stay in this country until USCIS gets her GC.
Make sure her application somehow gets to USCIS AoS adjudication unit and you receive the USCIS receipt notice establishing her Priority date similar to yours on the I-485 receipt notice. you can apply for her EAD and AP so that she can work and travel outside of US using her AP.
Hope this helps you.
dont worry your attorney knows the process of contacting Service centre folks in these type of situation where USCIS erroneously rejected your wife's I-485 petition.
He will know thro' his AILA liason the appropriate procedure to get hold of USCIS and correct this situation.
Your wife wont be out of status, since she entered on H-4 dependent status, once her I-485 gets in processing queue she will be in AoS pending status and that will let her stay in this country until USCIS gets her GC.
Make sure her application somehow gets to USCIS AoS adjudication unit and you receive the USCIS receipt notice establishing her Priority date similar to yours on the I-485 receipt notice. you can apply for her EAD and AP so that she can work and travel outside of US using her AP.
Hope this helps you.
more...
CRAZYMONK
09-27 10:56 AM
You have to file PERM again also I140
liberty
05-07 10:28 AM
Currently I am in EAD, i-485 filed in July 2007 (EB3 ) and Pending. I have changed job. I would like to know the latest rules. Is it necessary to file AC21 in my case? If yes, please let me know which form I should use.
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webm
05-31 11:51 AM
Hi,
Do you guys know how long does it take to get EAD/AP renewed? I understand you are eligible to apply for renewal 120 days before the end date.
KCIndian
Made $100 one-time contribution.
For us it took approx 1 month -- paper field @ (TSC)
Do you guys know how long does it take to get EAD/AP renewed? I understand you are eligible to apply for renewal 120 days before the end date.
KCIndian
Made $100 one-time contribution.
For us it took approx 1 month -- paper field @ (TSC)
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logiclife
12-03 11:31 AM
Do not worry about it. As long as you keep your job, you are fine. I've been thru the same situation, did not do anything special and got my GC.
Its not enough just to be employed. What's even more important is that if and when USCIS sends a query/RFE to find out whether or not you have a future job offer, for which your GC was filed by employer A in first place, you should be able to get your current employer to produce a letter saying "We will hire Mr./Ms XYZ on ABC job with asdkfjdjfkasj description upon him getting green card" something like that.
It doesnt matter where you are working at that time. It could be company B, C, D, E , F or a merged company of above combinations.
Getting such a letter is no big deal in bigger companies, takes one email to HR and they will produce such a letter. But to be on safe side, talk to your current and future employers after using AC21 portability 106(c) that they are comfortable writing such a letter.
If you are on H1 when after using AC21 portability, and if your company gets merged/acquired, I think if the merged entity (new company) has become the successor in interest of the original company (company B) you may not have to file an amendment to H1, as long as your job duties, location of work etc have not changed. (Check with your lawyer please). You can continue on same H1. However, if you are on H1 and if company has been merged/acquired then its safer to get h1 amended or new H1 if you are travelling abroad. (Unless you are going to use AP for re-entry).
But if you are using EAD, then there is nothing to amend, just continue working. EAD doesnt depend on who the employer is, it just is an interim work permit until your adjustment of status is done.
Its not enough just to be employed. What's even more important is that if and when USCIS sends a query/RFE to find out whether or not you have a future job offer, for which your GC was filed by employer A in first place, you should be able to get your current employer to produce a letter saying "We will hire Mr./Ms XYZ on ABC job with asdkfjdjfkasj description upon him getting green card" something like that.
It doesnt matter where you are working at that time. It could be company B, C, D, E , F or a merged company of above combinations.
Getting such a letter is no big deal in bigger companies, takes one email to HR and they will produce such a letter. But to be on safe side, talk to your current and future employers after using AC21 portability 106(c) that they are comfortable writing such a letter.
If you are on H1 when after using AC21 portability, and if your company gets merged/acquired, I think if the merged entity (new company) has become the successor in interest of the original company (company B) you may not have to file an amendment to H1, as long as your job duties, location of work etc have not changed. (Check with your lawyer please). You can continue on same H1. However, if you are on H1 and if company has been merged/acquired then its safer to get h1 amended or new H1 if you are travelling abroad. (Unless you are going to use AP for re-entry).
But if you are using EAD, then there is nothing to amend, just continue working. EAD doesnt depend on who the employer is, it just is an interim work permit until your adjustment of status is done.
more...
krishmunn
02-09 07:12 PM
If the new place of employment is more than 50 miles, then a new LCA has to be obtained. In your case, your parent company might also have to file a Successor of Interest petition for your H1 depending on the terms of acquisition (irrespective of whether you move to bay area or not).
Do you have a legal reference for the > 50 miles rule ? In my case it is just 10 miles (moved from one town to next town). So I guess I am fine ?
Do you have a legal reference for the > 50 miles rule ? In my case it is just 10 miles (moved from one town to next town). So I guess I am fine ?
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ashkam
03-29 11:40 AM
Cacophonix, your refutation to the diarist's and Bob Oak's claims was brilliant, well-researched and best of all, well-articulated. Kudos to you.
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Seek_Gc
09-09 07:47 PM
if we are already using EAD from EB3 - 485 , are we still allowed to apply for another labor with EB2 ? and port the dates from EB3 while applying for EB2 - 140
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gc_chahiye
08-26 12:59 PM
This is not correct. you can apply for 1 year extensions if you have applied for 485 and is pending.
not true. For H1 extension you only need an LC >365 days old, or I-140 approved. Just 485 pending does not matter.
If your I-140 is approved and your PD is not current, you will get a 3 year extension irrespective of 485 filing or not. This has also been confirmed by the USCIS in its recent FAQs.
If your LC is >365 days old you get a 1 year extension.
not true. For H1 extension you only need an LC >365 days old, or I-140 approved. Just 485 pending does not matter.
If your I-140 is approved and your PD is not current, you will get a 3 year extension irrespective of 485 filing or not. This has also been confirmed by the USCIS in its recent FAQs.
If your LC is >365 days old you get a 1 year extension.
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gomirage
06-09 11:33 PM
Dear Viewers
I have all the proof that my client has paid him the money for which I worked but he continue to ignore my request.
Any piece of advice would be of great help.
You do NOT need to have proof that he was paid. If you are working for him on H1B, he needs to pay you the compensation stated on labor certifications. No ifs or buts.
I have all the proof that my client has paid him the money for which I worked but he continue to ignore my request.
Any piece of advice would be of great help.
You do NOT need to have proof that he was paid. If you are working for him on H1B, he needs to pay you the compensation stated on labor certifications. No ifs or buts.
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ajay
12-24 11:38 AM
I have not informed uscis about the change although I updated my address in their website. As regards AC 21, if I am ready to file it my current employer said they will be ready to support it but I haven't started that process yet.
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senthil1
09-08 09:25 PM
Which labor day 2009? 2010 or 2014?
Any News on Schumer's Labor Day announcements?
Any News on Schumer's Labor Day announcements?
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GCwaitforever
06-15 09:26 AM
You can send your story to public@nytimes.com. I am typing up mine as we speak. ;)
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raithedavion
07-07 01:46 PM
Thanks for your help. I'm not quite sure what you mean by reading it into a structure and then type cast it to a character pointer...Do you mean read in those bytes into an array or?? Any and all help would be appreciated!
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PD_Dec2002
07-10 12:15 PM
Even one of your reputed member (Rajiv Khanna @ immigration.com) posted in his website that chance of winning the law suit is very minimum.
He posted in his website as follows: "Please note folks, I don�t think this class will be easily approved by courts. CIS could argue a lot of things against it, which I don�t wish to publish in an open forum."
Corrections.
1. RK is no longer a member of AILA.
2. Also, in this specific quote, RK is not talking about the outcome of the law suit. He's only talking about the chance of the court accepting the defined "class".
On a separate note, RK has mentioned on several occasions, winning the lawsuit is a long shot. You can even hear his recorded conference call from last week.
Thanks,
Jayant
He posted in his website as follows: "Please note folks, I don�t think this class will be easily approved by courts. CIS could argue a lot of things against it, which I don�t wish to publish in an open forum."
Corrections.
1. RK is no longer a member of AILA.
2. Also, in this specific quote, RK is not talking about the outcome of the law suit. He's only talking about the chance of the court accepting the defined "class".
On a separate note, RK has mentioned on several occasions, winning the lawsuit is a long shot. You can even hear his recorded conference call from last week.
Thanks,
Jayant
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santa123
06-21 09:27 AM
I think they are probing link of your Civil Engineering and Computer Analyst job. They are looking for specific computer oriented language courses that show you have formal education in that and that should corraborate your work experience letters. Its well known that getting EB2 for computer analyst etc oriented jobs is getting difficult. They are now questioning more and more as to why analyst oriented jobs should require Masters and #2 they are looking for links between Civil Engineering education and Computer oriented job that you are trying for.!!!
All the best.
Best Regards
Other than a MBA or MS, what else could be a better qualification for Analysts / Business Analysts??? Why shld they question the need for Masters? I was of the opinion that for a Business Analyst type profile, MBA would be apt / required to perform the duties.... your thoughts?
All the best.
Best Regards
Other than a MBA or MS, what else could be a better qualification for Analysts / Business Analysts??? Why shld they question the need for Masters? I was of the opinion that for a Business Analyst type profile, MBA would be apt / required to perform the duties.... your thoughts?
sertasheep
09-15 07:25 PM
We have received only 5 nonfrivolous questions to date in preparation for the next call. This does not meet the critical mass of 20-25 questions for justifying a conference call.
Please follow process detailed in earlier thread ( http://immigrationvoice.org/forum/showthread.php?t=1267 ) for us to consider your questions.
Please follow process detailed in earlier thread ( http://immigrationvoice.org/forum/showthread.php?t=1267 ) for us to consider your questions.
SertTurk
07-19 05:10 PM
Yes, we have to go to Turkey for cosular processing since I accepted illegal employment and paid taxes for one year when we first came here.
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