krishnam70
10-02 03:40 PM
Hello Everybody,
Due to budget restrictions, I may be getting laid off from my company soon. I have filed for I-485 and have received EAD. I am currently on H1B. I have a citizen friend who runs his own company. He has no employees. He does pretty much all work by him self or get it done by hiring outsouced help whenever needed. He has a legitimate company - but he does not have big revenue (May be 100K/ year). Would it be okay if I join his company on EAD to get my GC going or should I look for a firm that employs lot of people and has sizable revenues. What (if any) are any risks?
Thank you.
Some scenarios to consider
1. If 140 is approved and its been 6 months since date of 485 application and your company who sponsored is not revoking 140, then ability to pay might not matter and you don't care since you can use AC21
2. If 140 is approved and it has not been 6 months since 485 application date and you are on good terms with and your employer is not going to revoke your 140 , take an unpaid vacation to fill the 6 months gap if you can, then you are still safe to use AC21.
3. If your 140 is not approved but you have passed the 180 days litmus test and you use AC21 to move to another employer then the ability to pay might come in to picture if any RFE is done by USCIS.
4. If 140 is not approved and you have not passed 180 days its a variation of the 2nd case and if you can pull it off you can use AC21 and work elsewhere later.
there might be other scenarios but consider each of them carefully before making the decision. While it might seem a simple decision having come so far in your journey you don't want to make as wrong decision only to rue it.
- good luck
Due to budget restrictions, I may be getting laid off from my company soon. I have filed for I-485 and have received EAD. I am currently on H1B. I have a citizen friend who runs his own company. He has no employees. He does pretty much all work by him self or get it done by hiring outsouced help whenever needed. He has a legitimate company - but he does not have big revenue (May be 100K/ year). Would it be okay if I join his company on EAD to get my GC going or should I look for a firm that employs lot of people and has sizable revenues. What (if any) are any risks?
Thank you.
Some scenarios to consider
1. If 140 is approved and its been 6 months since date of 485 application and your company who sponsored is not revoking 140, then ability to pay might not matter and you don't care since you can use AC21
2. If 140 is approved and it has not been 6 months since 485 application date and you are on good terms with and your employer is not going to revoke your 140 , take an unpaid vacation to fill the 6 months gap if you can, then you are still safe to use AC21.
3. If your 140 is not approved but you have passed the 180 days litmus test and you use AC21 to move to another employer then the ability to pay might come in to picture if any RFE is done by USCIS.
4. If 140 is not approved and you have not passed 180 days its a variation of the 2nd case and if you can pull it off you can use AC21 and work elsewhere later.
there might be other scenarios but consider each of them carefully before making the decision. While it might seem a simple decision having come so far in your journey you don't want to make as wrong decision only to rue it.
- good luck
wallpaper puppy dog wallpaper. wallpaper
vjkypally
03-26 12:39 AM
can you please let me know what RFE was about, PM me if you dont want it to be public.Its more than 7 months for me too.Applied : Jul 7, 2007
RD: Jul 13, 2007
RFE: Mar 6, 2008
Yet to reply to RFE..
RD: Jul 13, 2007
RFE: Mar 6, 2008
Yet to reply to RFE..
loudobbs
08-29 01:23 PM
Thanks Ajju
They won't wait for your PD to be current to issue FP Notice.
Also, I don't think (my 2 cents) its advisable to travel before FP.. You never know when it will come and if you miss it... its considered as if you ignored it... They will issue one more FP notice before closing your AOS application...
So its needed to keep track of FP notice...
They won't wait for your PD to be current to issue FP Notice.
Also, I don't think (my 2 cents) its advisable to travel before FP.. You never know when it will come and if you miss it... its considered as if you ignored it... They will issue one more FP notice before closing your AOS application...
So its needed to keep track of FP notice...
2011 Funny Dog Cute Sweet Fine Dogs
gcdreamer05
08-06 11:26 AM
I totlaly agree with this. I am single too with PD DEC 2006. I have been in present job for almost 4 years. I ended up working for a non-profit oragnization on a non-cap H1b, which prevents me from transfering to private companies which need caped h1b( i din't knew about this when I took up the non-profit organization job). The only way for me to get into private company is to get a new H1b under cap which starts from Oct 2008. This time I planned properly and got an H1b approved. But to my shock and surprise EB2 dates moved to June 2006. I am now carefully watching the September EB2 dates. If it gets closer to Dec..I need to pull back the 485 as I don't think I can get marreid within 6 months due to family responsibality back home. If I withdraw my 485 application, I will lose the queue, money and since I plan to change job, the only benift I will be taking with me , is the PD date which I can later transfer if my next empyer does my GC. With a 2.5 year h1b left, I am hoping under worst situation, my next emplyer will sponcer my GC. This whole GC process is a pain in ***...!!!!
tablet pc you are better if you withdraw your app when your PD becomes current, or also try to get married soon so that you can use follow to join procedure....
tablet pc you are better if you withdraw your app when your PD becomes current, or also try to get married soon so that you can use follow to join procedure....
more...
rajwa
04-04 10:47 AM
IV Core Team, you guys are doing a great job. It is very much appreciated.
vgayalu
02-28 03:48 PM
Friends,
Guys at DC and others also working very well on this issue. Thanks alot.
I am encouraging all my friends to contribute in addition to my self.
Please spread this to all of our H1 or L1 holders.
Vgayalu.
Guys at DC and others also working very well on this issue. Thanks alot.
I am encouraging all my friends to contribute in addition to my self.
Please spread this to all of our H1 or L1 holders.
Vgayalu.
more...
pd_recapturing
07-10 08:52 PM
You sure abt this. I could not find it @immigration-law. Can you post the link here ?
2010 dogs
geniousatwork
04-14 01:38 PM
Congratulations!!!
more...
graviyera
08-15 05:33 PM
Chicago, North West Suburbs.
hair funny dog. funny dog wallpaper
rockstart
03-08 02:12 PM
I am not a qualified attorney but based on my experience I have seen that 3 Yr degree are hard sell. There have been instances where people have been able to get their way but thats an exception not a norm. Same with PG Diploma. CIS does not consider that as an addition to your undergrad. If the PGD is unaccredieted then its going to be even more tough to sell. If you want to play safe you need to get a undergrad degree here (4 Year one) All other options might hit road block and add to your woes.
more...
sai
05-26 07:18 AM
when is "House-Senate Conference Committee " scheduled ?
hot wallpaper funny dogs. ironing
lazycis
12-18 04:14 PM
If you put the IOs into situation where they can potentially make mistakes...
more often then not, they will make a mistake. Then you have to pay the USCIS to fix their own mistake by filing MTR. Not to mention unnecessary stress... That being said, everybody has different risk tolerance.
more often then not, they will make a mistake. Then you have to pay the USCIS to fix their own mistake by filing MTR. Not to mention unnecessary stress... That being said, everybody has different risk tolerance.
more...
house 18414-funny-dog-1024x76
ivuser
02-16 04:27 PM
Murthy Law firm
Attorney : Shela Murthy
Page URL : http://www.murthy.com/485faq.html#13
Content:
Question 13 .
Can I leave my sponsoring employer once I get my green card? TOP
One may switch employers during the I-485 process if (a) the I-485 has been pending for over 180 days and is not yet adjudicated and (b) the offer of new employment is in the same or similar job. While the USCIS may use the description of the job duties from the DOT or the O*NET to determine similarity in jobs, they have verbally agreed that they may be willing to consider a broader definition in the future. Besides job title and description, the salary from the new employer would at least need to satisfy concerns regarding the public charge provisions and should be as closed to the amount listed on the labor certification as possible.
Clearly, the law before AC21 was passed in October 2000 required that a person continue working with the employer that sponsored the green card for at least 6 months to 1 year after obtaining the green card. Although AC21 allows the changing of employers if the I-485 is not adjudicated within 180 days, there is no change in the law with respect to the intention of the employer to offer and the employee to undertake "permanent," full-time work with the sponsoring employer for the job advertised. Keep in mind that a green card job offer is legally considered a future job offer. Therefore, the employee must have a good-faith intention to work for the employer after the green card is approved, and the employer must have a good-faith intention to employ the employee after the green card is approved. Even if one worked for the sponsoring employer for several years while pursuing the green card process, that would not count as future intent. Generally, 6 months to 1 year after obtaining the green card is a safe time period to change employment. Failure to stay at the sponsoring employer may result in problems at the naturalization stage!
Attorney : Shela Murthy
Page URL : http://www.murthy.com/485faq.html#13
Content:
Question 13 .
Can I leave my sponsoring employer once I get my green card? TOP
One may switch employers during the I-485 process if (a) the I-485 has been pending for over 180 days and is not yet adjudicated and (b) the offer of new employment is in the same or similar job. While the USCIS may use the description of the job duties from the DOT or the O*NET to determine similarity in jobs, they have verbally agreed that they may be willing to consider a broader definition in the future. Besides job title and description, the salary from the new employer would at least need to satisfy concerns regarding the public charge provisions and should be as closed to the amount listed on the labor certification as possible.
Clearly, the law before AC21 was passed in October 2000 required that a person continue working with the employer that sponsored the green card for at least 6 months to 1 year after obtaining the green card. Although AC21 allows the changing of employers if the I-485 is not adjudicated within 180 days, there is no change in the law with respect to the intention of the employer to offer and the employee to undertake "permanent," full-time work with the sponsoring employer for the job advertised. Keep in mind that a green card job offer is legally considered a future job offer. Therefore, the employee must have a good-faith intention to work for the employer after the green card is approved, and the employer must have a good-faith intention to employ the employee after the green card is approved. Even if one worked for the sponsoring employer for several years while pursuing the green card process, that would not count as future intent. Generally, 6 months to 1 year after obtaining the green card is a safe time period to change employment. Failure to stay at the sponsoring employer may result in problems at the naturalization stage!
tattoo funny cats and dogs pics.
Lasantha
06-25 01:27 PM
What will be my status after i file my I485?
My current I-94 will expire on 16th Sep 2007 (on the day my current visa stamp in my passport expires and my current H1 B is set to expire Mid April 2008).
I am planning to make a trip to Cannda or someplace to get a new I-94 as soon as i get my new passport (i had sent it for renewal on june 2nd). But i am a little worried about my status if i am unable to make the trip.
So my question is what will be my status after 16th sep 2007 (once i file for I485 (first week of July2007) and my I-94 expires on 16th Sep 2007)?
Appreciate any responses ...
Your question is not clear but when you say I-94 I assume you mean the I-94 that you got the last time you entered the country, right? The expiration date on that has nothing to do with your status as long you have an approved I-797 for your H1B extension till April 2008. You are in status till that time.
But you do need an unexpired Visa stamp on your passport if you leave the country and want to come back to the US.
So the way I see it, even after filing 485 you will continue to be in status till April 2008 and then I am sure you will extend that for another term if your I-485 is still pending.
As for going to Canada to get a new I-94, it may not work because they do not make you surrender your old I-94 when you go to Canada and so therefore do not issue a new I94 when you return after a short trip to Canada.
My current I-94 will expire on 16th Sep 2007 (on the day my current visa stamp in my passport expires and my current H1 B is set to expire Mid April 2008).
I am planning to make a trip to Cannda or someplace to get a new I-94 as soon as i get my new passport (i had sent it for renewal on june 2nd). But i am a little worried about my status if i am unable to make the trip.
So my question is what will be my status after 16th sep 2007 (once i file for I485 (first week of July2007) and my I-94 expires on 16th Sep 2007)?
Appreciate any responses ...
Your question is not clear but when you say I-94 I assume you mean the I-94 that you got the last time you entered the country, right? The expiration date on that has nothing to do with your status as long you have an approved I-797 for your H1B extension till April 2008. You are in status till that time.
But you do need an unexpired Visa stamp on your passport if you leave the country and want to come back to the US.
So the way I see it, even after filing 485 you will continue to be in status till April 2008 and then I am sure you will extend that for another term if your I-485 is still pending.
As for going to Canada to get a new I-94, it may not work because they do not make you surrender your old I-94 when you go to Canada and so therefore do not issue a new I94 when you return after a short trip to Canada.
more...
pictures tattoo funny dogs wallpaper.
another one
07-18 02:56 PM
but this is a wish list..IV has some clearly defined actions
Lets figure out the next course of Action for IV in the best interests of its members. Let's itemize each one of them and propose possible solutions. This thread is not for question / answers about individual situations but broad GC issues to be resolved by Govt/Congress/USCIS/DHS/DOL by way of proposing bills/acts/resolutions/amendments. IV must have done this but I didn't see an easy way of getting it.
First we could categorize them into different buckets such as that IV did for the forums. Just made up some to give an example. Some gurus on IV can suggest a better categorizing
Ex:
1) Labor
a) Allow one to get promoted instead fixing to of a fixed job position in the labor advt.
2) I-140
a) Allow One to file for two I-140's
b) Have freedom to change employer when I-140 is pending
Lets figure out the next course of Action for IV in the best interests of its members. Let's itemize each one of them and propose possible solutions. This thread is not for question / answers about individual situations but broad GC issues to be resolved by Govt/Congress/USCIS/DHS/DOL by way of proposing bills/acts/resolutions/amendments. IV must have done this but I didn't see an easy way of getting it.
First we could categorize them into different buckets such as that IV did for the forums. Just made up some to give an example. Some gurus on IV can suggest a better categorizing
Ex:
1) Labor
a) Allow one to get promoted instead fixing to of a fixed job position in the labor advt.
2) I-140
a) Allow One to file for two I-140's
b) Have freedom to change employer when I-140 is pending
dresses kittens wallpaper. Funny dogs
syzygy
06-14 08:48 PM
Divide & Rule -- did someone use this on us in past history and keep using it time and again?
more...
makeup Funny Dog Photos
foobar2001
07-10 09:01 AM
somewhat tangential question - how does one give green?? (or red) -- i cant for the life of me figure out where to click on a posting to vote it up or down!
ah - never mind - i see it now, after one logs in! :)
ah - never mind - i see it now, after one logs in! :)
girlfriend Some of these funny dog
crystal
02-10 05:06 PM
http://immigrationvoice.org/forum/showthread.php?t=14438
hairstyles pictures funny-dog - Dogs
mikrupee
03-27 10:42 AM
Before going to senate STRIVE BILL has to pass in congress. When this is going to happen?
meridiani.planum
04-03 02:09 PM
Just curious - Have you heard of a case being rejected just because the salary was higher than the original LC ?? (Assuming job title/description are same or similar). I think it will be almost impossible for them to reject just because is higher!! Govt. cannot dictate the upper limit of salaries (in private sector).
nope, so far I have not come across a single case where this has been an issue (which was one reason I went ahead with the move). However there have been inklings about USCIS possibly taking a tougher position on this in the future.
For instance see:
http://www.murthy.com/news/n_porret.html
Salary Considerations for the New Job
�MurthyDotCom
Attorneys in our firm are frequently asked about the impact of a difference in salary when changing jobs under AC21. We are also asked what "same or similar" really means in order for one to be eligible under AC21 portability. USCIS policy memoranda, particularly the May 12, 2005 Memo referenced above, have been quite favorable on these matters. However, in that same memo, the USCIS stated that the forthcoming AC21 regulations "may take a more restrictive position than this memorandum." Therefore, while issues such as salary differences do not appear to be problematic at present, foreshadowing indicates that this could change when the regulations are released at some future date.
From my research I have found so far that it will be hard for them to put a dollar or percentage figure on the amount the salary can vary. The best they can do is perhaps put it in some range based on prevailing wages. Other than that, salary itself is a very market driven thing. I hope they dont, and I dont think it buys them much. The DOT codes and job-duties description should be what they should look at (or actually they should broaden the allowed job changes considering how long the wait has become now-a-days).
Lets see what happens. Main trouble is like what Murthy mentions in that article a little later: if changes happen, they are retroactive...
nope, so far I have not come across a single case where this has been an issue (which was one reason I went ahead with the move). However there have been inklings about USCIS possibly taking a tougher position on this in the future.
For instance see:
http://www.murthy.com/news/n_porret.html
Salary Considerations for the New Job
�MurthyDotCom
Attorneys in our firm are frequently asked about the impact of a difference in salary when changing jobs under AC21. We are also asked what "same or similar" really means in order for one to be eligible under AC21 portability. USCIS policy memoranda, particularly the May 12, 2005 Memo referenced above, have been quite favorable on these matters. However, in that same memo, the USCIS stated that the forthcoming AC21 regulations "may take a more restrictive position than this memorandum." Therefore, while issues such as salary differences do not appear to be problematic at present, foreshadowing indicates that this could change when the regulations are released at some future date.
From my research I have found so far that it will be hard for them to put a dollar or percentage figure on the amount the salary can vary. The best they can do is perhaps put it in some range based on prevailing wages. Other than that, salary itself is a very market driven thing. I hope they dont, and I dont think it buys them much. The DOT codes and job-duties description should be what they should look at (or actually they should broaden the allowed job changes considering how long the wait has become now-a-days).
Lets see what happens. Main trouble is like what Murthy mentions in that article a little later: if changes happen, they are retroactive...
sundarraj61
08-17 07:48 PM
Hi Group,
I am also in the same boat.
Waiting for the visa number and also got canadian PR and thinking of working in seattle and visiting family in vancouver on weekly basis.
Any ideas / suggestions /experience is appreciated.
Thanks
Sundar
I am also in the same boat.
Waiting for the visa number and also got canadian PR and thinking of working in seattle and visiting family in vancouver on weekly basis.
Any ideas / suggestions /experience is appreciated.
Thanks
Sundar
