manderson
11-07 02:19 PM
also, i think u may need to maintain some sort of residence and retain proof of it (rent lease, utility bills, etc.) to show ur intention to stay here. even though technically GC is for a future job, an absence (even if its not continuous) of 5 yrs will eventually raise red flag(s)
or better yet... u can avoid all this adjucation crap and convert to consular processing (from ur home country) -- find out from a good lawyer to see if conversion is possible. if u r going to be out of US for 5 yrs, why would want to continuously renew EADs and APs anyway?
or better yet... u can avoid all this adjucation crap and convert to consular processing (from ur home country) -- find out from a good lawyer to see if conversion is possible. if u r going to be out of US for 5 yrs, why would want to continuously renew EADs and APs anyway?
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rsk73
08-19 08:24 AM
Thank you all for your suggestions and they are helpful.
I would wait for one or two months for the next FY visa bulletins and decide on starting my new labour in EB2.
Thank you again.
I would wait for one or two months for the next FY visa bulletins and decide on starting my new labour in EB2.
Thank you again.
retropain
08-29 12:02 PM
Folks in or around Dallas, TX - this is an opportunity for you to go and attend this hearing
"U.S. Visa Policy: Competition for International Scholars, Scientists and Skilled Workers "
DATE: August 31, 2006
TIME: 09:00 AM
Location: University of Texas at Dallas, The Erik Jonsson School of Engineering & Computer Science, Building ECSS, TI Foundation Auditorium, Richardson, Texas.
Contact: 202-224-5225
http://judiciary.senate.gov/hearing.cfm?id=1801
"U.S. Visa Policy: Competition for International Scholars, Scientists and Skilled Workers "
DATE: August 31, 2006
TIME: 09:00 AM
Location: University of Texas at Dallas, The Erik Jonsson School of Engineering & Computer Science, Building ECSS, TI Foundation Auditorium, Richardson, Texas.
Contact: 202-224-5225
http://judiciary.senate.gov/hearing.cfm?id=1801
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rkanth12
08-26 11:07 AM
Friends I think a great injustice is being done to NSC filers , their applications are taking months for ead and ap, while TSC filers are getting ead adn AP as soon as they get receipt, do you think this will improve for NSC in future, at this time looks like august NSC filers will haveto wait till the end of the year for EAD,ap, which is sad.
Agree with you. It is sad.
Agree with you. It is sad.
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immigrationvoice1
04-03 07:33 PM
Can anyone please explain what does "Testing" mean in Combined EAD & AP Document - Under Review/Testing ?
Even a wild guess will do for an answer! :)
Even a wild guess will do for an answer! :)
JunRN
12-18 04:44 PM
So people should stop asking, right? Every now and then, people are asking whether it is from Receipt Date or from Notice Date.
People calling the USCIS Customer Service for EAD (90 days) always get an answer that it is from Notice Date. We know it is from Receipt date, not notice date.
Anyway, as I was saying, it is your path. I have chosen mine.
People calling the USCIS Customer Service for EAD (90 days) always get an answer that it is from Notice Date. We know it is from Receipt date, not notice date.
Anyway, as I was saying, it is your path. I have chosen mine.
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krishmunn
03-08 06:33 AM
1) Degrees from non-accredited colleges cannot be used for any immigration purpose (or for any other purpose for that matter)
2) A Post Graduate diploma is not enough for EB 2. You will need to do a Masters from a accredited US University. Remember, many online universities (including Phoenix) are accredited too.
2) A Post Graduate diploma is not enough for EB 2. You will need to do a Masters from a accredited US University. Remember, many online universities (including Phoenix) are accredited too.
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Almond
05-10 11:20 AM
Same thing happened to mine. USCIS will pick up the packages from the USPS the next day so don't panic. Check for another status update tonight or Monday night, I'm 100% sure it'll say "delivered" then.
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kumar1305
01-19 11:00 AM
People do not buy house to sell it. They buy it so that they can live for a long time. And when you do not know how long you are going to stay in this country(because of immigration issues) then why would they buy. There is something called closing cost, who will pay them if you have to sell?
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sc3
11-24 06:21 PM
Let bygones be bygones. No point in beating the dead horse. Nothing will be achieved by opening old wounds.
Let us be united from now on for all our sakes ( both Eb2 and Eb3)
Ok, let us be united. Let us work on getting USCIS to follow the letter of the law. What is it you ask? It is that the Visas be spilled over as required by the law. It is nothing to do against EB3 or EB2. The visa spillover suggests that the overflowing visas be issued to the most critically retrogressed queue (upon satisfaction of per country limits). Does it help Eb3 or EB2? Both, whenever there is a longer queue, that line is able to move forward.
Right now it is EB3 which is reeling under the incorrect implementation, and EB3s want to see it rectified, while the EB2ers demand Unity (knowing well that they stand to lose -- what was never theirs), I would not be surprised that EB2 raise the loudest voice of action (and no talks about unity) had the tables been turned.
So you see why I think the message of unity sounds so hollow.
Let us be united from now on for all our sakes ( both Eb2 and Eb3)
Ok, let us be united. Let us work on getting USCIS to follow the letter of the law. What is it you ask? It is that the Visas be spilled over as required by the law. It is nothing to do against EB3 or EB2. The visa spillover suggests that the overflowing visas be issued to the most critically retrogressed queue (upon satisfaction of per country limits). Does it help Eb3 or EB2? Both, whenever there is a longer queue, that line is able to move forward.
Right now it is EB3 which is reeling under the incorrect implementation, and EB3s want to see it rectified, while the EB2ers demand Unity (knowing well that they stand to lose -- what was never theirs), I would not be surprised that EB2 raise the loudest voice of action (and no talks about unity) had the tables been turned.
So you see why I think the message of unity sounds so hollow.
more...
casinoroyale
03-18 12:15 PM
You should read that RonGothers thread - he is strongly of the opinion that maintaining H1B status while AOS is pending is useless. Moreover, it seems like USCIS can revoke your remaining H1B when they deny AOS application basically kicking you out of the country immediately. Now as a practical matter, I don't think they are doing that anyway. So guys, once you burn up your 6 year H1B, there is no real strong cushion if 485 gets denied. To heck with these laws. Stupid and irritating.
...and the confusion regarding this rule continues :)
...and the confusion regarding this rule continues :)
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bsbawa10
03-23 08:07 AM
just wondering, how do you know when your medical and FP expires ?
I hope they will ask us to go through that pain only when they are about to approve a case (just imagine the mess ..if GC takes 10 years and they ask to go medical every 2 years)
Why do they get the FP and Medical if they are going to expire. Why not when they are ready to give the GC. That way they can save time and money for millions of applicants. I guess that is what they do not want to do.
I hope they will ask us to go through that pain only when they are about to approve a case (just imagine the mess ..if GC takes 10 years and they ask to go medical every 2 years)
Why do they get the FP and Medical if they are going to expire. Why not when they are ready to give the GC. That way they can save time and money for millions of applicants. I guess that is what they do not want to do.
more...
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snathan
03-02 02:35 PM
My case is as detailed below, and my questions follow:
PD: July 2007, EB2 (India), Software field
Labor, I-140: Approved, I-485 etc. NOT filed.
H1 Petition and Visa valid until: Jan 2011 (after 7th year extension)
Currently outside US, NOT working for the H1 sponsoring employer.
My employer has NOT revoked my H1 or I-140.
I was working for the employer in US where the GC process started. Then moved to Canada in early 2008 when the PD was highly retrogressed/unavailable. Since then, worked in Canada in related field for a different (Canadian) employer. Things have been tough here: lower pay, very high taxes, friends all in US, and especially - the weather. We would like to return to US.
I will soon be able to apply for Canadian citizenship. I am in a dilemma now - whether to return to US on H1 NOW or to become a Canadian citizen and try my options LATER. I have the following questions:
(Same employer, as Indian citizen, knowing that I did not work for them for over 2 yrs, and was outside USA):
1) can I now(or anytime until Jan 2011 visa expiry) return to US to work for the same H1 sponsoring employer on the existing H1?
Yes...you can as long as your employer is also supporting you
2) would I be allowed the H1 extension in Jan 2011 based on approved I-140? Or is that doomed to be rejected because I was not working for the employer in between for over 2 yrs.
GC is for future employement and it should not affect. You are already out of the country for more than a year. So your 6 year limit is reset now.
3) Would the fact that I was out of US for 2 years help me get a "regular" extension?
I believe it should not have impact as the six year clock is reset and you also have I-140 approved
4) could I continue the GC after a gap of 2 yrs while I was not working for the employer?
Again, GC is for future employment.
5) if yes, will my PD of July 2007 be maintained?
Yes, if I-140 is not revoked. Different attornyes have different opinion about revoked I-140
(Different employer, as Indian citizen, knowing that I am currently out of the US):
6) if I get an offer from a different employer in US, could the new employer do an H1 "transfer"? i.e. would I need to wait for the April 1/October for H1 application/visa and would it be counted against the yearly H1 quota - or - can the new employer do the H1 "transfer" immediately?
If your H1B is not expired, you can do transfer. I am not sure about the limitation if the H1B expired.
7) For the H1 "transfer", would I need to produce US paystubs for the last few months (which I cannot, since I am not in US)?
You may need to provide the W-2 for the years you were working in the US
8) if the new employer applies for my GC, could I re-use my old PD of July 2007? If yes, would the profile need to be exactly the same as the previous Labor/I-140?
You can retain the PD if the I-140 is not revoked. No need
If I become a Canadian Citizen:
9) if I become a Canadian citizen, (my H1 would have expired by then) will I be able to return to work on H1 in US for the same or a different employer as a Canadian Citizen?
Its upto you and the sponsoring employer.
10) could I reuse my PD of July 2007 when working for the same or a different employer after changing my Citizenship? Would the job profile need to be the same?
Citizenship will not affect your PD
Also:
11) is it possible to switch the GC processing to "future employment", although the Labor/I-140 were approved with the understanding that I was to continue working for the same employer?
12) is the H1 visa/Priority Date of approved labor/I-140 carried over when the individual changes citizenship - from Indian to Canadian?
NO
13) when do the dependents' citizenship come into the picture in the GC process? If I continue to be an Indian citizen but my spouse becomes a Canadian citizen, will my approved Labor/I-140 be affected in any way?
It wont untill your spouse born in different country.
Please help me in getting the facts so that I can make an informed decision in this dilemma. Any help appreciated.
Check the answer above
PD: July 2007, EB2 (India), Software field
Labor, I-140: Approved, I-485 etc. NOT filed.
H1 Petition and Visa valid until: Jan 2011 (after 7th year extension)
Currently outside US, NOT working for the H1 sponsoring employer.
My employer has NOT revoked my H1 or I-140.
I was working for the employer in US where the GC process started. Then moved to Canada in early 2008 when the PD was highly retrogressed/unavailable. Since then, worked in Canada in related field for a different (Canadian) employer. Things have been tough here: lower pay, very high taxes, friends all in US, and especially - the weather. We would like to return to US.
I will soon be able to apply for Canadian citizenship. I am in a dilemma now - whether to return to US on H1 NOW or to become a Canadian citizen and try my options LATER. I have the following questions:
(Same employer, as Indian citizen, knowing that I did not work for them for over 2 yrs, and was outside USA):
1) can I now(or anytime until Jan 2011 visa expiry) return to US to work for the same H1 sponsoring employer on the existing H1?
Yes...you can as long as your employer is also supporting you
2) would I be allowed the H1 extension in Jan 2011 based on approved I-140? Or is that doomed to be rejected because I was not working for the employer in between for over 2 yrs.
GC is for future employement and it should not affect. You are already out of the country for more than a year. So your 6 year limit is reset now.
3) Would the fact that I was out of US for 2 years help me get a "regular" extension?
I believe it should not have impact as the six year clock is reset and you also have I-140 approved
4) could I continue the GC after a gap of 2 yrs while I was not working for the employer?
Again, GC is for future employment.
5) if yes, will my PD of July 2007 be maintained?
Yes, if I-140 is not revoked. Different attornyes have different opinion about revoked I-140
(Different employer, as Indian citizen, knowing that I am currently out of the US):
6) if I get an offer from a different employer in US, could the new employer do an H1 "transfer"? i.e. would I need to wait for the April 1/October for H1 application/visa and would it be counted against the yearly H1 quota - or - can the new employer do the H1 "transfer" immediately?
If your H1B is not expired, you can do transfer. I am not sure about the limitation if the H1B expired.
7) For the H1 "transfer", would I need to produce US paystubs for the last few months (which I cannot, since I am not in US)?
You may need to provide the W-2 for the years you were working in the US
8) if the new employer applies for my GC, could I re-use my old PD of July 2007? If yes, would the profile need to be exactly the same as the previous Labor/I-140?
You can retain the PD if the I-140 is not revoked. No need
If I become a Canadian Citizen:
9) if I become a Canadian citizen, (my H1 would have expired by then) will I be able to return to work on H1 in US for the same or a different employer as a Canadian Citizen?
Its upto you and the sponsoring employer.
10) could I reuse my PD of July 2007 when working for the same or a different employer after changing my Citizenship? Would the job profile need to be the same?
Citizenship will not affect your PD
Also:
11) is it possible to switch the GC processing to "future employment", although the Labor/I-140 were approved with the understanding that I was to continue working for the same employer?
12) is the H1 visa/Priority Date of approved labor/I-140 carried over when the individual changes citizenship - from Indian to Canadian?
NO
13) when do the dependents' citizenship come into the picture in the GC process? If I continue to be an Indian citizen but my spouse becomes a Canadian citizen, will my approved Labor/I-140 be affected in any way?
It wont untill your spouse born in different country.
Please help me in getting the facts so that I can make an informed decision in this dilemma. Any help appreciated.
Check the answer above
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Desy
10-07 02:39 PM
Hi Friends,
I am a permanent employee for "x" company, my 140 filed on May 1,2007 waiting for approval, 485 filed on August 22,2007 not been approved either, we just got our EAD's, also please note that i am on 6th year extension on h1... my company "x" moving all projects to the different company "y" from December 1, 2007. ie we are all moving to "y" with the same job title just everything is same istead of "x" it is now "y" company.
When i called my legal department and ask them about green card status they simply said nothing to worry... everything will be moved to "y" company, as a transition exployees..
Be honest with you guys...from the last 4 days... i could not sleep... i really dont know what to do in this situation, this is the reason.. i am seeking your help. can some one guide me or answer below questions please.
1. 140 filed 05/01/2007 - 11/30/2007 more than 180 days with "X" company
2. 485 filed 08/22/2007 - 11/30/2007 more than 90 days with "x" company
3. EAD approved
4. Travel documents approved
5. I am on H1 6th year extension.
6. Transition employee.
my question is
1 Can my green card status remains the same and continue the process with the new "y" company ?
2.Do "y" company has to start processing labour/140 again ??
3.Is it doable that moving everything from "x" to "y" including GC processings ??
Thanks in advance...Kindly help me out in this situation like how to proceed from here
With sincere regards...
Desy
I am a permanent employee for "x" company, my 140 filed on May 1,2007 waiting for approval, 485 filed on August 22,2007 not been approved either, we just got our EAD's, also please note that i am on 6th year extension on h1... my company "x" moving all projects to the different company "y" from December 1, 2007. ie we are all moving to "y" with the same job title just everything is same istead of "x" it is now "y" company.
When i called my legal department and ask them about green card status they simply said nothing to worry... everything will be moved to "y" company, as a transition exployees..
Be honest with you guys...from the last 4 days... i could not sleep... i really dont know what to do in this situation, this is the reason.. i am seeking your help. can some one guide me or answer below questions please.
1. 140 filed 05/01/2007 - 11/30/2007 more than 180 days with "X" company
2. 485 filed 08/22/2007 - 11/30/2007 more than 90 days with "x" company
3. EAD approved
4. Travel documents approved
5. I am on H1 6th year extension.
6. Transition employee.
my question is
1 Can my green card status remains the same and continue the process with the new "y" company ?
2.Do "y" company has to start processing labour/140 again ??
3.Is it doable that moving everything from "x" to "y" including GC processings ??
Thanks in advance...Kindly help me out in this situation like how to proceed from here
With sincere regards...
Desy
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rxsimha
03-18 03:13 PM
So does that mean that if one's I-485 is rejected (Has no luck with MTR either) -
Then he cannot continue after his current H1-B expires (After 0 to 3 years)?
Going back to his home country is the only option?
Then he cannot continue after his current H1-B expires (After 0 to 3 years)?
Going back to his home country is the only option?
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bskrishna
06-19 09:06 PM
no updates from MI chapter
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lazycis
02-11 01:58 PM
- You are a dependent EAD holder
AND
- You will never need to travel outside US
AND
- Some one else takes care of renewing your EAD every year
AND
- Someone else pays the $340 + $200 (lawyer fees) to renew the EAD
AND
- The principal applicant is able to find job in "same or similar" if laid off so that I-485 is not jeopardized
AND
- You are never going to get laid off because if you are, then good luck, because there are lots of companies out there that explicitly require green card holders and citizens because they don't want to get into any type of immigration issues (illegal by law, so you can technically file lawsuit against them).
AND
- You will never apply for US citizenship
AND
- You children won't need tuition or resident rates when they go to college
AND
- You will never need to travel outside US
AND
- Some one else takes care of renewing your EAD every year
AND
- Someone else pays the $340 + $200 (lawyer fees) to renew the EAD
AND
- The principal applicant is able to find job in "same or similar" if laid off so that I-485 is not jeopardized
AND
- You are never going to get laid off because if you are, then good luck, because there are lots of companies out there that explicitly require green card holders and citizens because they don't want to get into any type of immigration issues (illegal by law, so you can technically file lawsuit against them).
AND
- You will never apply for US citizenship
AND
- You children won't need tuition or resident rates when they go to college
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vactorboy29
03-03 03:56 PM
At what stage will my current job description be matched to the Job description in my Labor or I-140?
My I-140 is approved foralmost a year now and I had enquired with USCIS a few month ago and they told me my Name check has also been cleared and my case is just waiting I-485 adjudication when visa numebrs are available. I thought when my Priority date becomes current, I will get my GC seamlessly unless there is an RFE.
Also, is there any documentation that states 50% job description match? This is the first time i'm hearing this criteria. I do understand that if I work as Mechanical engineer, I should not chnage my job to a Software engineer...but will getting a Mechanical Engineering job in a totally different industry be a problem?
Thanks again for your time.
Once you invoke AC21 .You may get rfe where your new employment detail will be verify by adjudicator assigned to your case against Perm application. This is very subjective matter depends and how uscis handle your case. I think 50 % matching requirement is not written any where, it is just common practice .No one can expect us to match 100 % job requirement with old labor petition.
Mostly watch for your EB2 requirement with your job description. Here is the DOL web site link which talks about job description comes under that code.
http://www.onetcodeconnector.org/ccreport/17-2141.00
My I-140 is approved foralmost a year now and I had enquired with USCIS a few month ago and they told me my Name check has also been cleared and my case is just waiting I-485 adjudication when visa numebrs are available. I thought when my Priority date becomes current, I will get my GC seamlessly unless there is an RFE.
Also, is there any documentation that states 50% job description match? This is the first time i'm hearing this criteria. I do understand that if I work as Mechanical engineer, I should not chnage my job to a Software engineer...but will getting a Mechanical Engineering job in a totally different industry be a problem?
Thanks again for your time.
Once you invoke AC21 .You may get rfe where your new employment detail will be verify by adjudicator assigned to your case against Perm application. This is very subjective matter depends and how uscis handle your case. I think 50 % matching requirement is not written any where, it is just common practice .No one can expect us to match 100 % job requirement with old labor petition.
Mostly watch for your EB2 requirement with your job description. Here is the DOL web site link which talks about job description comes under that code.
http://www.onetcodeconnector.org/ccreport/17-2141.00
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RandyK
11-29 08:28 AM
Alisa has a good point, is there a list of important items that we can present to lawmakers.
I belong to my state chapter, I am all for meeting whoever to make an impact but it would be great if we can put together good talking points and issues to highlight when we meet these lawmakers.
I belong to my state chapter, I am all for meeting whoever to make an impact but it would be great if we can put together good talking points and issues to highlight when we meet these lawmakers.
Kalloo dada
03-01 12:17 PM
I did everthing by myself. Never hired a lawyer
GC_SUCK
03-02 03:00 PM
Well yes, my company is paying for this? But there is a limit for the company too, right?
