JunRN
12-18 02:49 PM
Chumki, although it is not required by law, there is a risk of not filing a memo. That is why I am saying it's your decision. Are you taking the risk or not?
You don't "have to", right! But are you willing to take the risk?
In your case, there is no problem even if you join the new company BEFORE 180 days as long as your I-140 is not revoked or should there be an RFE for I-140, the original petitioner will respond to it even though you resigned already.
USCIS does not care if you join the new company before or after 180 days. AC21 rule said that the I-485 is pending for more than 180 days. As long as your I-485 is pending for more than 180 days, it doesn't matter if you worked or not for the original petitioner, you can invoke AC21. USCIS will also not look if you're working for the new employer. ALL USCIS need is an employment offer which is similar to the original LC. "Offer" means you have work AFTER getting the GC.
You don't "have to", right! But are you willing to take the risk?
In your case, there is no problem even if you join the new company BEFORE 180 days as long as your I-140 is not revoked or should there be an RFE for I-140, the original petitioner will respond to it even though you resigned already.
USCIS does not care if you join the new company before or after 180 days. AC21 rule said that the I-485 is pending for more than 180 days. As long as your I-485 is pending for more than 180 days, it doesn't matter if you worked or not for the original petitioner, you can invoke AC21. USCIS will also not look if you're working for the new employer. ALL USCIS need is an employment offer which is similar to the original LC. "Offer" means you have work AFTER getting the GC.
valuablehurdle
06-19 11:24 AM
A quick question:
I just have the FRONT side copy of the EAD stored.
Why do we need the BACK side of the copy?
Responses will be appreciated.
I just have the FRONT side copy of the EAD stored.
Why do we need the BACK side of the copy?
Responses will be appreciated.
ujjvalkoul
01-30 05:50 PM
How does this effect anyone applying for DL..
http://a257.g.akamaitech.net/7/257/2422/01jan20081800/edocket.access.gpo.gov/2008/08-140.htm
Are we going to get temporary DLs from now on?
Can someone confirm? I know IV is following up with MI state Attorney Generals office, but from reading the ruling the validity of the license is not clear.
http://a257.g.akamaitech.net/7/257/2422/01jan20081800/edocket.access.gpo.gov/2008/08-140.htm
Are we going to get temporary DLs from now on?
Can someone confirm? I know IV is following up with MI state Attorney Generals office, but from reading the ruling the validity of the license is not clear.
akela
03-11 05:39 AM
Guys,
Please answer me the following question?
I have a masters from US and over 2 years of exp when I joined my company. They filed for my LC. There is nothing in form 750 B ETA that says if I am EB-2 or EB-3. In fact the line line 14 is blank which says list documents that support education, training, experience..etc. to be submitted during I-140. I suspect though on ETA 750 form A they made the advertisement as if I am eb-2. So the question is I do not see anything on line 14 of ETA form B. Is that a big blunder.
Did my lawyer blunder or I am ok?
My labor is not cleared yet. So no way to check I-140.
I know few things
ETA 750 FORM A probably filed as EB-2 (I have to believe my lawyer, they say I have been filed as EB-2 on repeated request).
ETA 750 form B of which I have a copy of (it was the one that I had to fill), line 14 says Item 14. Documentation. List any documents submitted with this form as evidence of the alien's qualifications. These may include statements from past employers, diplomas, and educational or training certificates. now this column is blank. Is that a problem? Did my lawyer made a big unrectified mistake.
Thanks,
akela
Thanks in advance,
Akela
Did my lawyer blunder or I am ok?
Thanks in advance,
Akela
Please answer me the following question?
I have a masters from US and over 2 years of exp when I joined my company. They filed for my LC. There is nothing in form 750 B ETA that says if I am EB-2 or EB-3. In fact the line line 14 is blank which says list documents that support education, training, experience..etc. to be submitted during I-140. I suspect though on ETA 750 form A they made the advertisement as if I am eb-2. So the question is I do not see anything on line 14 of ETA form B. Is that a big blunder.
Did my lawyer blunder or I am ok?
My labor is not cleared yet. So no way to check I-140.
I know few things
ETA 750 FORM A probably filed as EB-2 (I have to believe my lawyer, they say I have been filed as EB-2 on repeated request).
ETA 750 form B of which I have a copy of (it was the one that I had to fill), line 14 says Item 14. Documentation. List any documents submitted with this form as evidence of the alien's qualifications. These may include statements from past employers, diplomas, and educational or training certificates. now this column is blank. Is that a problem? Did my lawyer made a big unrectified mistake.
Thanks,
akela
Thanks in advance,
Akela
Did my lawyer blunder or I am ok?
Thanks in advance,
Akela
more...
delhiguy
07-02 03:57 PM
So was he planning to dump her?
Anyways what kind of this shit is this God??, How can you say get ready to file for 485 from July 2nd. And when July2nd comes you say ' Shut the suck up and stand in line'
USCIS, what kind of sadist org/agency you are??
No ... unless she dumps him, I hope you have a bright future ahead..
Anyways what kind of this shit is this God??, How can you say get ready to file for 485 from July 2nd. And when July2nd comes you say ' Shut the suck up and stand in line'
USCIS, what kind of sadist org/agency you are??
No ... unless she dumps him, I hope you have a bright future ahead..
STAmisha
11-17 05:47 PM
Please do post it.
I will also follow up with my lawyer.
Thanks
I will also follow up with my lawyer.
Thanks
more...
suryamnb
12-03 09:41 AM
Friends,
Company A sponsored my GC (PERM & 140 Approved) and soon after 180 day wait period had passed, I moved to company B and started working on EAD.
Now, company B is going to be merged with Company C. Then what will be my status? Do I need to do any thing to keep my GC process alive?
Thanks!
Company A sponsored my GC (PERM & 140 Approved) and soon after 180 day wait period had passed, I moved to company B and started working on EAD.
Now, company B is going to be merged with Company C. Then what will be my status? Do I need to do any thing to keep my GC process alive?
Thanks!
saps
01-08 07:40 PM
Please help.
more...
lifestrikes
03-10 10:08 AM
I wanted to create this thread to post all the news about legal immigration. Even though we have this Forum for News and Reports, having specific thread that contains news, articles about Legal Immigration will be useful.
gonecrazyonh4
06-14 06:33 PM
I have been filling up I-485 all day . Online forms sent from attorney but no help with topics. I am confused by these
Visa Number - is this a number that is stamped on your passport when u entered US? My visa in passport expired long time back. I have my WAC number- is that what is required to enter?
Alien Number - is this the I-94 number?
anywhere i can find a sample I-485 filled in ?
Appreciate any help
Visa Number - is this a number that is stamped on your passport when u entered US? My visa in passport expired long time back. I have my WAC number- is that what is required to enter?
Alien Number - is this the I-94 number?
anywhere i can find a sample I-485 filled in ?
Appreciate any help
more...
texanmom
11-05 10:14 AM
I know you are all out there....there was a stampede at the temple this Saturday during the Diwali mela and this Sunday at the Sugarland Diwali Festival....please join IV with just as much enthusiasm and we can work wonders!
parimmigv
10-08 06:05 PM
Thanks for detailed responses.
more...
tinku01
07-22 05:53 PM
Hi Bluez good luck buddy. I think you are safe even dates become unavailable in coming month. My interview has been scheduled for Aug 26 at Delhi Consulate. Hey please update us with all the details and one more thing can you give me the format of PCC as I think you are also going to get it from local police station.
mattresscoil
12-21 02:47 PM
uslegals:
Please carry the July 2007 bulletins with you. I mean all 3. The one from July 1, July 2 and the other one which opened a window for all to apply. I say this because my experience in the past. Just carry all the documents and good luck!!
Please carry the July 2007 bulletins with you. I mean all 3. The one from July 1, July 2 and the other one which opened a window for all to apply. I say this because my experience in the past. Just carry all the documents and good luck!!
more...
snathan
09-23 10:57 PM
First of all thanks for your valuable feedback.
FYI: I am a derivative I-485 applicant (my spouce is a primary 485 applicant).
So, Did you mean I can join an employer on EAD and file for green card processing (labor cert, 140, and 485) as a primary applicant with my prospective employer?
Thanks,
You can use the EAD to start working. Then start the GC process. But I dont think you can caputre the 2003 EB3 PD for your EB2. Only your spouse can port the PD if he starts his GC in EB2. I believe you can not port your spouse's PD for your GC. So whats the use of doing this. You will be having EB2 PD sometime in 2010 as it takes 3-6 months time to file the PERM.
FYI: I am a derivative I-485 applicant (my spouce is a primary 485 applicant).
So, Did you mean I can join an employer on EAD and file for green card processing (labor cert, 140, and 485) as a primary applicant with my prospective employer?
Thanks,
You can use the EAD to start working. Then start the GC process. But I dont think you can caputre the 2003 EB3 PD for your EB2. Only your spouse can port the PD if he starts his GC in EB2. I believe you can not port your spouse's PD for your GC. So whats the use of doing this. You will be having EB2 PD sometime in 2010 as it takes 3-6 months time to file the PERM.
dil_ip3
02-25 11:12 AM
She doesn't have to go for H4 Visa stamping, as she already has a valid H4 Visa stamping valid until Aug 2009. (I think). I'm more worried about Port of Entry, if she will have any problems..
more...
GCwaitforever
05-22 04:01 AM
This is from the immigrationportal. To report fraud/abuse/Government-contractor waste, use link http://judiciary.house.gov/reportfraud.aspx
I wrote to Congrass saying that Exceed Corporation must be made accountable to process backlogged applications within agreed time frame and cost and requested an oversight hearing on processing of backlogged labor certifications. I also gave my forecast that they are going to miss the congress mandate of two years.
Please flood Congress with your concerns and expose Exceed Corporation.
I wrote to Congrass saying that Exceed Corporation must be made accountable to process backlogged applications within agreed time frame and cost and requested an oversight hearing on processing of backlogged labor certifications. I also gave my forecast that they are going to miss the congress mandate of two years.
Please flood Congress with your concerns and expose Exceed Corporation.
kshitijnt
03-04 05:05 PM
congrats buddy. Atleast some good news in a string of bad ones :)
Ramba
08-13 10:55 AM
Hi All,
I have a very starge situation. I have an approved I-140 based on PERM LC - EB3 -India with PD of Jan 2006.
Before July 07, my company substituted me for LC Sub with PD of Jan 2003 and did the I-485 filing based on this pending LC Sub.
(Guys...please dont jump on me for using LC SUB...I work for a one of the biggest tech companies with 60000 employees for 6 years and its their policy to do LC Sub for their employees..i didn't buy the LCs through consulting or some one...). I got EAD renewals, AP etc...Since my LC Sub I-140 is beyond its processing dates, my attorney filed a AILA request and got a reponse saying
"The AILA Liaison committee member working on your case reviewed the petition with an I-140 senior officer at USCIS. It appears that the employee that had the original labor certification application adjusted his status based on the labor certification. Unfortunately, this means that the labor cert and priority date cannot be used for your green card application."
But, they also mentioned that "Your AOS that is pending will continue to be active based on your own approved I-140. This was verified by CIS in their response to our inquiry"
Question 1: My attorney said its an unofficial USCIS/AILA determination. Howmuch to rely on this AILA/USCIS unofficial determination? Because, Still, USCIS case status shows my I-140 is pending. Should i wait until the decision comes on my case?
Question 2: My understanding is that, if the LC is already used, then my LC Sub I-140 will be denied... if the I-140 is denied then the I-485 will also be denied..is it correct?
Question 3: If my above understanding is correct, then how will my AOS will continue to be active based on my original I-140 if my AOS was files uding pending LC Sub-I140? Is it true or they lawyer is giving me a fake answer? I thought you can only change underlying I-140, only if the new I-140s dates are current..in my case Jan 2006 date is not current.....
Please give me your thoughts...I would really appreciate your help...
Whatever response you got from the AILa may be true. If the first employee got GC through that LC (by AC21), you cannot get second one and even you can not port the PD. In nutshell, one LC cannot produce two 140 or 2 GC. You may be lucky, instead of denying your 485, the uscis perhaps replaced underlying first I-140 (LC sub) by your second approved (original) I-140 with PD 2006. Dont rely on web case status check.
I have a very starge situation. I have an approved I-140 based on PERM LC - EB3 -India with PD of Jan 2006.
Before July 07, my company substituted me for LC Sub with PD of Jan 2003 and did the I-485 filing based on this pending LC Sub.
(Guys...please dont jump on me for using LC SUB...I work for a one of the biggest tech companies with 60000 employees for 6 years and its their policy to do LC Sub for their employees..i didn't buy the LCs through consulting or some one...). I got EAD renewals, AP etc...Since my LC Sub I-140 is beyond its processing dates, my attorney filed a AILA request and got a reponse saying
"The AILA Liaison committee member working on your case reviewed the petition with an I-140 senior officer at USCIS. It appears that the employee that had the original labor certification application adjusted his status based on the labor certification. Unfortunately, this means that the labor cert and priority date cannot be used for your green card application."
But, they also mentioned that "Your AOS that is pending will continue to be active based on your own approved I-140. This was verified by CIS in their response to our inquiry"
Question 1: My attorney said its an unofficial USCIS/AILA determination. Howmuch to rely on this AILA/USCIS unofficial determination? Because, Still, USCIS case status shows my I-140 is pending. Should i wait until the decision comes on my case?
Question 2: My understanding is that, if the LC is already used, then my LC Sub I-140 will be denied... if the I-140 is denied then the I-485 will also be denied..is it correct?
Question 3: If my above understanding is correct, then how will my AOS will continue to be active based on my original I-140 if my AOS was files uding pending LC Sub-I140? Is it true or they lawyer is giving me a fake answer? I thought you can only change underlying I-140, only if the new I-140s dates are current..in my case Jan 2006 date is not current.....
Please give me your thoughts...I would really appreciate your help...
Whatever response you got from the AILa may be true. If the first employee got GC through that LC (by AC21), you cannot get second one and even you can not port the PD. In nutshell, one LC cannot produce two 140 or 2 GC. You may be lucky, instead of denying your 485, the uscis perhaps replaced underlying first I-140 (LC sub) by your second approved (original) I-140 with PD 2006. Dont rely on web case status check.
alterego
03-02 07:55 PM
Thought this is a good study and makes some valid points. I am not sure how receptive the US legislators and audience are to articles like this. At this time, there is actually no doubt in my mind that more liberal immigration policies will help the domestic economy, by boosting everything from home and car purchases, to savings rates, entrepreneurship, raise the bar on hard work, and many more intangibles. However at this time much of this seems counter intuitive to joe public, and hence won't happen.
I really worry for this country over the next decade if they can't set this right in the next 12-18 months. We just might be witnessing a fall in US economic credibility. Absent improvement and continuation of current spending and borrowing policies, we will see a US Sovereign debt downgrade by S&P/Moodys/Fitch and then all hell could break lose. Hey if we see this as possible with GE, why not the US Gov't in 18mths. I still think it unlikely, but no longer can count it out.
I really worry for this country over the next decade if they can't set this right in the next 12-18 months. We just might be witnessing a fall in US economic credibility. Absent improvement and continuation of current spending and borrowing policies, we will see a US Sovereign debt downgrade by S&P/Moodys/Fitch and then all hell could break lose. Hey if we see this as possible with GE, why not the US Gov't in 18mths. I still think it unlikely, but no longer can count it out.
dwhuser
06-15 01:02 PM
My husband is the primary applicant for our GC application and he's on bench since Feb 2009. We have valid EAD and AP's. We are planning to travel using our AP for a 3 week visit to India. He still has a valid H1B, since his payroll is not running for the last 4 months his employer suggested him to move into his EAS status. When we asked the attorney if we need to apply somewhere to move to EAD status from H1B he said we donot need to.
Our question....Is it sensible to travel on AP him being unemployed?
Our question....Is it sensible to travel on AP him being unemployed?
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