sam_hoosier
12-15 09:40 PM
Hi to all,
MY I 485 RD is August 14, 2007, 180 days rule will end on 10 Feb 2008.
I am planning to use AC21 on Jan 20th itself with three weeks vacation notice to current GC filing employer to go for Contract to Hire job.
Is it safe to do?
I do maintain good relationship with current employer.
But not sure, what will be his reaction after three vacation notice ends and he comes to know I have switched job.
Also my LC as Programmer Analyst, but the new job would be Database Administrator.
Is this will be issue?
Could you advise on these questions?
Thanks to all.
Mani
** Sponsor of two IV members to attend DC rally.
Keep in mind that employer can revoke I-140 before your 180 days are up. If its just a question of a few weeks, why are you taking a chance ?
MY I 485 RD is August 14, 2007, 180 days rule will end on 10 Feb 2008.
I am planning to use AC21 on Jan 20th itself with three weeks vacation notice to current GC filing employer to go for Contract to Hire job.
Is it safe to do?
I do maintain good relationship with current employer.
But not sure, what will be his reaction after three vacation notice ends and he comes to know I have switched job.
Also my LC as Programmer Analyst, but the new job would be Database Administrator.
Is this will be issue?
Could you advise on these questions?
Thanks to all.
Mani
** Sponsor of two IV members to attend DC rally.
Keep in mind that employer can revoke I-140 before your 180 days are up. If its just a question of a few weeks, why are you taking a chance ?
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alinaturkova
01-15 03:53 PM
Thanks for your help!
number30
03-18 02:32 PM
Here is my situation, someone please suggest me:
I am using EAD to work for my GC sponsoring company and I got laid off. My HR says that they are going to inform USCIS that I am no longer working for them. HR also says that they won’t cancel my approved I-140 and going to rehire me once I get the new project.
My question:
When I joined them there is information to USCIS.I just filled I-9 form and gave it to the company, no information to USCIS. Now when I got terminated what is the need for the company to inform this to USCIS? Anyhow I am going to join them once I get the new project in couple of months. Is it a new law? Will there be any problem at the POE if travel outside US and come back using AP? Is there any chance that USCIS sends me RFE?
Thanks In Advance
If you are not on H1 there is no reason to inform the USCIS. Make sure that they are not including your I-140 receipt number or A#.
Actually informing that you do not have a job is sufficent to revoke your I-140.
I am using EAD to work for my GC sponsoring company and I got laid off. My HR says that they are going to inform USCIS that I am no longer working for them. HR also says that they won’t cancel my approved I-140 and going to rehire me once I get the new project.
My question:
When I joined them there is information to USCIS.I just filled I-9 form and gave it to the company, no information to USCIS. Now when I got terminated what is the need for the company to inform this to USCIS? Anyhow I am going to join them once I get the new project in couple of months. Is it a new law? Will there be any problem at the POE if travel outside US and come back using AP? Is there any chance that USCIS sends me RFE?
Thanks In Advance
If you are not on H1 there is no reason to inform the USCIS. Make sure that they are not including your I-140 receipt number or A#.
Actually informing that you do not have a job is sufficent to revoke your I-140.
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WillIBLucky
12-11 01:26 PM
Yes its good USCIS have revenue to hire more people to process our applications. Well said.
It makes no difference whether they allow concurrent filing of 140/485 or not IF YOUR EMPLOYER IS WILLING to pay extra premium processing for 140. IF not , it makes minimal difference (2-3 months delay). Earlier this year, people were getting 140 approved on 6-8 weeks average without premium fee.
If your date is not current:
This rule makes 0 difference. File 140 and wait for approval while your date moves forward. Once its current, file 485.
If your date is current: File 140, regular processing 2-3 months and then file 485. If you can get premium processing done then it would be 15 days and then file 485. Either ways, you are delay in filing 485 by 2-3 months. In the grand scheme of things, its negligible. It would take even 2 months for your lawyer to get the paperwork straight for filing 485.
So please relax, this new rule that does not allow concurrent filing of 485 and 140 is not earth-shattering. Its a revenue generation move. And its good as long as revenue stays in USCIS as they do need revenue to hire more people to process files faster, which is in our own benefit. The only problem we have is the rise in fees generates revenue which often times does not stay with USCIS and goes away to other agencies of DHS(I think, this was mentioned in CIS Ombudsman report, if I am not wrong).
It makes no difference whether they allow concurrent filing of 140/485 or not IF YOUR EMPLOYER IS WILLING to pay extra premium processing for 140. IF not , it makes minimal difference (2-3 months delay). Earlier this year, people were getting 140 approved on 6-8 weeks average without premium fee.
If your date is not current:
This rule makes 0 difference. File 140 and wait for approval while your date moves forward. Once its current, file 485.
If your date is current: File 140, regular processing 2-3 months and then file 485. If you can get premium processing done then it would be 15 days and then file 485. Either ways, you are delay in filing 485 by 2-3 months. In the grand scheme of things, its negligible. It would take even 2 months for your lawyer to get the paperwork straight for filing 485.
So please relax, this new rule that does not allow concurrent filing of 485 and 140 is not earth-shattering. Its a revenue generation move. And its good as long as revenue stays in USCIS as they do need revenue to hire more people to process files faster, which is in our own benefit. The only problem we have is the rise in fees generates revenue which often times does not stay with USCIS and goes away to other agencies of DHS(I think, this was mentioned in CIS Ombudsman report, if I am not wrong).
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anilsal
09-28 08:15 PM
Approvals for Mid-may have started now. They are in that region. July cases would be Nov/Dec.
I am telling because my mid-may I-140 case got approved today. I am from retrogressed country. So cannot file I-485.
Atleast you are able to file it, then why are you restless? Go have a beer!
I am telling because my mid-may I-140 case got approved today. I am from retrogressed country. So cannot file I-485.
Atleast you are able to file it, then why are you restless? Go have a beer!
snathan
04-06 08:46 PM
Thank you thomachan72.
Sure I will. I have no application pending.
If you are an immigrant what�s your status...Tell us more about you.
If not, what�s the purpose of you are visiting IV. Just teach about the scam?
The ICE, USCIS and DOL are there and very much capable to take care these scams. So if you have any information about the fraud...contact those authorities. We don�t have anything to do with that. Otherwise please get lost.
Sure I will. I have no application pending.
If you are an immigrant what�s your status...Tell us more about you.
If not, what�s the purpose of you are visiting IV. Just teach about the scam?
The ICE, USCIS and DOL are there and very much capable to take care these scams. So if you have any information about the fraud...contact those authorities. We don�t have anything to do with that. Otherwise please get lost.
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nojoke
10-14 07:32 PM
500,000 Legal immigrants in limbo:
lets say (I mean lets Tell them) 1/5 th of that # buy on an average $300K houses.
That equates to $30 billion.. Not a bad #. But I am sure all want to buy houses eventually. Thats $150 billion. Not a small #.
Lets say (again tell them).
1/100 th of 500,000 start companies, of 5 employees each=25,000 jobs.. Not bad again.
This idea is inline with our IV campaign that was discussed sometime back. We can tell in different forms to the media. Somebody may publish.
There are 304,000 houses in some form of foreclosure in Aug 2008 alone. Of 500,000 legal immigrants there may be actually 250,000 families.
You want to buy properties when it is going down in value? People are walking away from paying mortgages because it doesn't make sense to pay mortgage when the value goes down below what one owes. Are you saying we will save US economy by losing our money?
If economy is going bad, then there is a lot of pressure on US admin to encourage companies to get the job to American citizens so that they can keep paying their mortgages.
There is nothing wrong in trying, just that we may get unwanted attention... People are very angry and worried about losing their jobs...
lets say (I mean lets Tell them) 1/5 th of that # buy on an average $300K houses.
That equates to $30 billion.. Not a bad #. But I am sure all want to buy houses eventually. Thats $150 billion. Not a small #.
Lets say (again tell them).
1/100 th of 500,000 start companies, of 5 employees each=25,000 jobs.. Not bad again.
This idea is inline with our IV campaign that was discussed sometime back. We can tell in different forms to the media. Somebody may publish.
There are 304,000 houses in some form of foreclosure in Aug 2008 alone. Of 500,000 legal immigrants there may be actually 250,000 families.
You want to buy properties when it is going down in value? People are walking away from paying mortgages because it doesn't make sense to pay mortgage when the value goes down below what one owes. Are you saying we will save US economy by losing our money?
If economy is going bad, then there is a lot of pressure on US admin to encourage companies to get the job to American citizens so that they can keep paying their mortgages.
There is nothing wrong in trying, just that we may get unwanted attention... People are very angry and worried about losing their jobs...
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gemini23
08-14 10:07 AM
Libra,
I dont know what to say about you. I have complained to admin about your derogatory posts. Admins will be taking appropriate action on your account soon.
Even though i requested so many times in many threads, and bumped contribution thread you never thought of contributing to IV, did you? did you ever even cared to look into contribution thread Mr. Smart:rolleyes:
People who come here just to create threads and post all silly things need to get remind that this forum/organization is ran by members contribution, people like me who are contributing are allowing you to use this site. You better get this.
And somebody said it right, to contribute someone has to be huMAN.
I dont know what to say about you. I have complained to admin about your derogatory posts. Admins will be taking appropriate action on your account soon.
Even though i requested so many times in many threads, and bumped contribution thread you never thought of contributing to IV, did you? did you ever even cared to look into contribution thread Mr. Smart:rolleyes:
People who come here just to create threads and post all silly things need to get remind that this forum/organization is ran by members contribution, people like me who are contributing are allowing you to use this site. You better get this.
And somebody said it right, to contribute someone has to be huMAN.
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sachin76
05-14 07:28 PM
No, it is wrong, as you can see from the link, this is the correct address effetive July 30, 2007.
I do not think it is wrong. Download instructions for filing I 765 and see the filing address. If you are in NJ, you need to send to Texas service center.
I do not think it is wrong. Download instructions for filing I 765 and see the filing address. If you are in NJ, you need to send to Texas service center.
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vivekjay
08-05 05:21 PM
Found this one on the internet... maybe someone can help to give more information about K-3 visa ...
Regards
Only US citizens can file for a K-3 visa. Geencard holders will have to bring their spouse on a non immigrant visa (HI or L1) or under the F2A catogory for family based immigrant visa which is heavily backlogged.
Regards
Only US citizens can file for a K-3 visa. Geencard holders will have to bring their spouse on a non immigrant visa (HI or L1) or under the F2A catogory for family based immigrant visa which is heavily backlogged.
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gimmeacard
07-12 05:42 PM
my PD is April 2006, so i guess i would need to wait 1 year to get the dates moving, since it would be quite a huge backlog clearing up
any guesses when it would move next
any guesses when it would move next
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go_gc_way
02-04 10:33 PM
I had my I140 approved too and had mentioned it in my application. They dont bother you. They however gave me 221g to verify student status and delayed my visa for two weeks. Interview was less than 2 mins and the vo said she had to verify student status thats it.
Please explain what is student status and 221g. You mean , if you are student of any intitute in US, while your I-140 is approved?
Please explain what is student status and 221g. You mean , if you are student of any intitute in US, while your I-140 is approved?
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sac-r-ten
05-07 12:29 PM
Sorry to hear that buddy. I am all for getting this fixed. It's getting worst. Pappu n other core/senior, can we do something to get this cleared so that ppl can peacefully go to their home countries for vacation/family emergencies w/o worrying about the stamping....
Good luck @cobra, I hope they clear you after (redundant) verification.
Good luck @cobra, I hope they clear you after (redundant) verification.
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leo2606
08-18 12:35 AM
Why don't you ask your parents or some one who can help you to check with Registrar if they can apply on your behalf if you give power of attorney?I think this is the first thing you need to do if not yet.
If that is possible they can provide copies of your passport, marriage photos.
Hello -
As a Primary Applicant my GC was approved (EB-1) but for my wife's application I got an RFE. RFE - USCIS is asking for a VALID wedding certificate showing proof of a hindu wedding under hindu act (dont ask what I was doing or what my lawyer was doing while submitting 485)
Now I have about 28 days (total is 30) to respond to it. I have not rcvd. my GC but it has been approved and has been sent to production. My lawyer told me that as my GC has been approved my VISA is not good anymore. My wife was on dependent visa and so is my kid.
Now as my GC got approved.......my visa got cancelled...........my wife's & kids visa is invalid.............and we did not file for Advance Parole so we cant travel. On top of all this we dont have a wedding certificate.
Any suggestion to address this situation? I cant get a certificate without going back to India and I cant leave the country as If I do so I wont get to enter the country again. Even if somehow (on some legal basis) I can re enter I dont think my wife and kid will be able to re enter US.
If I dont produce evidence then my wife's application will be rejected putting her out of status.............gosh what a mess.....
ANY SUGGESTIONS FROM ANYONE WILL BE HIGHLY APPRECIATED. Murali please respond with any possibility which I can explore upon.
Thanks
If that is possible they can provide copies of your passport, marriage photos.
Hello -
As a Primary Applicant my GC was approved (EB-1) but for my wife's application I got an RFE. RFE - USCIS is asking for a VALID wedding certificate showing proof of a hindu wedding under hindu act (dont ask what I was doing or what my lawyer was doing while submitting 485)
Now I have about 28 days (total is 30) to respond to it. I have not rcvd. my GC but it has been approved and has been sent to production. My lawyer told me that as my GC has been approved my VISA is not good anymore. My wife was on dependent visa and so is my kid.
Now as my GC got approved.......my visa got cancelled...........my wife's & kids visa is invalid.............and we did not file for Advance Parole so we cant travel. On top of all this we dont have a wedding certificate.
Any suggestion to address this situation? I cant get a certificate without going back to India and I cant leave the country as If I do so I wont get to enter the country again. Even if somehow (on some legal basis) I can re enter I dont think my wife and kid will be able to re enter US.
If I dont produce evidence then my wife's application will be rejected putting her out of status.............gosh what a mess.....
ANY SUGGESTIONS FROM ANYONE WILL BE HIGHLY APPRECIATED. Murali please respond with any possibility which I can explore upon.
Thanks
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willigetagc
08-14 11:26 AM
Dear IVans,
Now that the SEP VB is out, what does this indicate in terms of
- future VBs
- visa availability in the coming months
- awareness about visa wastage
- dates becoming current for most EB categories
- light at the end of tunnel for most of us
- USCIS efficiencies
Pls share your thoughts. Thanks!
We will know for sure after Sep 30. If they don't waste any visas then it is a good sign.
But if they do waste visas, inspite of all the leeway, requests, advise, whatever they have been given, then God help us.
Now that the SEP VB is out, what does this indicate in terms of
- future VBs
- visa availability in the coming months
- awareness about visa wastage
- dates becoming current for most EB categories
- light at the end of tunnel for most of us
- USCIS efficiencies
Pls share your thoughts. Thanks!
We will know for sure after Sep 30. If they don't waste any visas then it is a good sign.
But if they do waste visas, inspite of all the leeway, requests, advise, whatever they have been given, then God help us.
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latina
04-10 11:17 AM
I only have something to say, everyone is looking for its own turf, and if you really want diversity in the forum, the hard count will not attract anyone else other than Indians and Chinese. I am few months from working due to EB2- Worlwide category (current), so any change on the hard count is not on my benefit, same for anyone who is not from India or China, the EB3 is not current worlwide but the line of all the other countries is still shorter, if you really want to reach more than Indians and Chinese the goal has to be good for everyone, and the hard count is not. Thanks.
The request for the hard cap conversion to soft cap DOES NOT CANNIBALIZE non-Indians/non-Chinese. You are missing a key point here.
What the hard cap does is that say for example in the EB2 category the Indians and Chinese use up their quota. On the other hand the rest of the world uses only 50% of their quota (about 10K EB2 visas leftover, just a guesstimate).
1) With the soft quota, this leftover is given to the over subscribed countries in the SAME CATEGORY (Eb2). As a result, other EB2 candidates from India/China benefit
2) With the hard quota, this 10K now goes to UNSKILLED immigrants.
This amendment DOES NOT TAKE AWAY anything from the rest of the world at all! All it does is benefit SKILLED workers. Isn't IV about skilled workers? Why are some folks whose quota will NOT be CANNIBALIZED against this and consider this an issue of Indians/Chinese Vs Rest is beyond me. It is a matter of EB1 vs unskilled, EB2 vs unskilled and EB3 vs unskilled!
Can I be any clearer?
The request for the hard cap conversion to soft cap DOES NOT CANNIBALIZE non-Indians/non-Chinese. You are missing a key point here.
What the hard cap does is that say for example in the EB2 category the Indians and Chinese use up their quota. On the other hand the rest of the world uses only 50% of their quota (about 10K EB2 visas leftover, just a guesstimate).
1) With the soft quota, this leftover is given to the over subscribed countries in the SAME CATEGORY (Eb2). As a result, other EB2 candidates from India/China benefit
2) With the hard quota, this 10K now goes to UNSKILLED immigrants.
This amendment DOES NOT TAKE AWAY anything from the rest of the world at all! All it does is benefit SKILLED workers. Isn't IV about skilled workers? Why are some folks whose quota will NOT be CANNIBALIZED against this and consider this an issue of Indians/Chinese Vs Rest is beyond me. It is a matter of EB1 vs unskilled, EB2 vs unskilled and EB3 vs unskilled!
Can I be any clearer?
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EB3_SEP04
11-21 07:35 PM
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
This is USCIS memo, Read Que 5 on page 3.
Memo clearly says following things not be considered in deciding same/similar job:
- Wage difference
- Geographical location
- new employer's ability to pay (that's why it is absolutely fine if you work for your own/wife's company that started yesterday)
About a year ago, I changed job on EAD with 75% higher salary. at that time i had talked to a Sr attorney at Murthy.com and he had adviced me it is not a problem. (my 485 is still pending)
Only in the case where the new wage is simply unbelievable, it would be a problem (e.g. $20k or $450k for a s/w engg, beause there's noone who gets paid that much for that job)
So it's not the difference that would matter, it would be the absolute salary that could matter.
This is USCIS memo, Read Que 5 on page 3.
Memo clearly says following things not be considered in deciding same/similar job:
- Wage difference
- Geographical location
- new employer's ability to pay (that's why it is absolutely fine if you work for your own/wife's company that started yesterday)
About a year ago, I changed job on EAD with 75% higher salary. at that time i had talked to a Sr attorney at Murthy.com and he had adviced me it is not a problem. (my 485 is still pending)
Only in the case where the new wage is simply unbelievable, it would be a problem (e.g. $20k or $450k for a s/w engg, beause there's noone who gets paid that much for that job)
So it's not the difference that would matter, it would be the absolute salary that could matter.
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walking_dude
11-24 05:33 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)
Agreed but this should be from both the side.
Most of us talk about unity till it suits us ( and i dont mean walking_dude, i am aware of the great service has done, including the fight to ammend the drivers license issue).
Let us be united from now on for all our sakes ( both Eb2 and Eb3)
Agreed but this should be from both the side.
Most of us talk about unity till it suits us ( and i dont mean walking_dude, i am aware of the great service has done, including the fight to ammend the drivers license issue).
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GCard_Dream
05-06 06:52 PM
Thank you all for providing some excellent information. Special thanks to members waitnwatch and fromnaija for providing Arizona specific information. I certainly think that I should take this further in light of all the new information. I even talked to my GC attorny and he also thinks that I should have have given resident status.
fromnaija,
The pdf file in your post indicates that you would qualify for in-state tuition if you have filed for GC. How does the university determine that you have filed for GC? After you have filed for labor or filed for 140 or only after filing of 485? Those 3 dates could be years apart and depending on how the university defines that you have filed for GC could determine the residency status. If you have any further information, please share.
waitnwatch,
Do you believe that Arizona Board of Regents is actually not abiding by the state statue "illegal immigration reform and immigrant responsibility act of 1996" ? I am trying to gather as many arguments as possible to support my case because after reading your post and few other posts, I am seriously considering filing an apeal and fight this unfair practice once and for all.
fromnaija,
The pdf file in your post indicates that you would qualify for in-state tuition if you have filed for GC. How does the university determine that you have filed for GC? After you have filed for labor or filed for 140 or only after filing of 485? Those 3 dates could be years apart and depending on how the university defines that you have filed for GC could determine the residency status. If you have any further information, please share.
waitnwatch,
Do you believe that Arizona Board of Regents is actually not abiding by the state statue "illegal immigration reform and immigrant responsibility act of 1996" ? I am trying to gather as many arguments as possible to support my case because after reading your post and few other posts, I am seriously considering filing an apeal and fight this unfair practice once and for all.
legalVoice
02-08 09:49 AM
It typically comes after 12 of every month.
delhirocks
07-11 04:55 PM
Dependents don't need SS# to file. Only primary applicant is required to have SSN.
You need either a SSN or a TIN to claim someone as a dependent. (Iam not sure if it applies to kids, but surely to adults)
You need either a SSN or a TIN to claim someone as a dependent. (Iam not sure if it applies to kids, but surely to adults)
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