aug2007
02-24 12:02 AM
I'm in sixth year of H1. Also have EAD for more than 2 years but not used. Also, have valid AP (approved in Dec 2009). My I140 is approved more than a year back and I485 is pending since August 2007.
I'm going to lose my job next week. So, I've sent I9 to switch from H1 to EAD.
I'm looking for new job. But couldn't find any matching job so far as per my EB3 labor (PD oct 2004). But there are lot of full time positions that matches my EB3 labor. My employer is saying that he will cancel the I140, if I go to another company using AC21. What should I do to avoid any issue with my pending I485, if my current employer withdraws/cancells approved I140. Should I not inform my current employer about the job change till I file AC21? Or is it not a good idea to move to new employer as my current employer will cancel approved I140?
I dont have the copy of I140 approval notice. Is this required in the future for rest of the GC Process?
Can I travel out of the country without the job? Will it cause any issue at the Port of Entry, if I use AP to enter US (but currently doesn't have the job in hand)? Please advice.
I'm going to lose my job next week. So, I've sent I9 to switch from H1 to EAD.
I'm looking for new job. But couldn't find any matching job so far as per my EB3 labor (PD oct 2004). But there are lot of full time positions that matches my EB3 labor. My employer is saying that he will cancel the I140, if I go to another company using AC21. What should I do to avoid any issue with my pending I485, if my current employer withdraws/cancells approved I140. Should I not inform my current employer about the job change till I file AC21? Or is it not a good idea to move to new employer as my current employer will cancel approved I140?
I dont have the copy of I140 approval notice. Is this required in the future for rest of the GC Process?
Can I travel out of the country without the job? Will it cause any issue at the Port of Entry, if I use AP to enter US (but currently doesn't have the job in hand)? Please advice.
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breddy2000
06-25 10:06 AM
Bumping up.
Atleast , you are sure that you can leave your employer after 2 yrs.
But if you do not file now and the date retrogesses again,. you may not be able to file any time sooner...with this CIR and stuff like that, which are not favourable to us. I would say just go ahead and do it.
See if there is any breakage clause. if they have, then if you like quit them and pay the Penalty or what ever.
I say all these are made up by the Employers to scare the employees.
As of now, just accept in what ever they say....and later on see if it is legal/illegal etc...
Atleast , you are sure that you can leave your employer after 2 yrs.
But if you do not file now and the date retrogesses again,. you may not be able to file any time sooner...with this CIR and stuff like that, which are not favourable to us. I would say just go ahead and do it.
See if there is any breakage clause. if they have, then if you like quit them and pay the Penalty or what ever.
I say all these are made up by the Employers to scare the employees.
As of now, just accept in what ever they say....and later on see if it is legal/illegal etc...
anilsal
07-30 06:36 AM
W2s to indicate annual salaries in the last 1-3 years such that they know that you made at least as much as the labor application said.
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tnite
03-17 01:05 PM
Hi Friends,
I have a confusing situation here. Hope someone can help me with this. This is a bit complicated so please bear with me.
I fall under ROW. My first LC was filed in Feb 2005 under RIR and it was in BEC for a long time. So my company filed another LC under PERM in March 2007 which was approved very quickly and I-140 was filed for that.
Then in April 2007 the first LC (PD Feb 2005) was approved and we filed an I-140 for that as well. This was converted to PP and was approved very quickly.
Then in June 07 when my Feb 2005 PD became current we filed for 485 based on that older LC. However in the receipt notice the Priority Date box was blank which I did not notice till yesterday.
My other I-140 with PD March 2007 was pending till Jan 2008 and was approved in mid January. On the same day it was approved I noticed a soft LUD on my pending I-485 which has nothing to do with that I-140.
Now my question is, is it possible that USCIS mistakenly linked my recently approved I-140 (PD Mar 2007) to the pending I-1485? Is that possible? The reason for this worry is the soft LUD that saw on my 485 as mentioned above and the fact that my 485 receipt notice does not have a PD printed on it.
Is there anyway that I can verify which PD is linked to my 485 by contacting USCIS? I have heard of INFOPASS, would that help? If so how can I get an appointment? If as I suspect , the 485 is now linked to the wrong PD, is it difficult to have it corrected? Please let me know.
Also is it common to have the PD box blank in the 485 receipt notice?
Thanks in Advance!!!!!
When you filed I485 , you have to send a copy of the I140. If you had sent in the one with the old PD then thats what USCIS will go by.
Call USCIS custonmer service and see what they tell you.
I have a confusing situation here. Hope someone can help me with this. This is a bit complicated so please bear with me.
I fall under ROW. My first LC was filed in Feb 2005 under RIR and it was in BEC for a long time. So my company filed another LC under PERM in March 2007 which was approved very quickly and I-140 was filed for that.
Then in April 2007 the first LC (PD Feb 2005) was approved and we filed an I-140 for that as well. This was converted to PP and was approved very quickly.
Then in June 07 when my Feb 2005 PD became current we filed for 485 based on that older LC. However in the receipt notice the Priority Date box was blank which I did not notice till yesterday.
My other I-140 with PD March 2007 was pending till Jan 2008 and was approved in mid January. On the same day it was approved I noticed a soft LUD on my pending I-485 which has nothing to do with that I-140.
Now my question is, is it possible that USCIS mistakenly linked my recently approved I-140 (PD Mar 2007) to the pending I-1485? Is that possible? The reason for this worry is the soft LUD that saw on my 485 as mentioned above and the fact that my 485 receipt notice does not have a PD printed on it.
Is there anyway that I can verify which PD is linked to my 485 by contacting USCIS? I have heard of INFOPASS, would that help? If so how can I get an appointment? If as I suspect , the 485 is now linked to the wrong PD, is it difficult to have it corrected? Please let me know.
Also is it common to have the PD box blank in the 485 receipt notice?
Thanks in Advance!!!!!
When you filed I485 , you have to send a copy of the I140. If you had sent in the one with the old PD then thats what USCIS will go by.
Call USCIS custonmer service and see what they tell you.
more...
shana04
01-15 09:26 AM
Today me and my wife got our CPO emails. Mine was filed in Eb3 and my wife's was in Eb2. I got my approved though my wife.
I've been in US for 10 years... now i've two things to do
Foremost congrats.
I am happy that at least some of our friends are getting greened.
Good luck on your future!
I've been in US for 10 years... now i've two things to do
Foremost congrats.
I am happy that at least some of our friends are getting greened.
Good luck on your future!
mihird
05-21 10:49 PM
I think, the PD should reset to the day the substition is done and not to the day the original labor was filed...otherwise it is unfair by all means..
But, I agree, we have bigger fish to fry...labor substitions probably only account for 1-5% of all cases...
I don't see any solution to visa retrogression...its just a way to control the number of people immigrating in...and if more people intend to immigrate from certain countries, their applications are bound to be backlogged...
Most of the current immigration debate is centered around illegal aliens and it has all to do with the Hispanic vote etc.
The only solace we can have is that if they do decide to grant amnesty to certain illegals, either they will be put behind the queue of legals, or we legals will first be pushed forward and then visa numbers made available to the illegals..
If illegals get priority in the visa number allocation, there will be plenty of uproar and finger pointing....I don't think the current administration would be able to pull something like that off..and in all insanity, if they do something like that, I will be the first one to join that queue of illegals :-)
But, I agree, we have bigger fish to fry...labor substitions probably only account for 1-5% of all cases...
I don't see any solution to visa retrogression...its just a way to control the number of people immigrating in...and if more people intend to immigrate from certain countries, their applications are bound to be backlogged...
Most of the current immigration debate is centered around illegal aliens and it has all to do with the Hispanic vote etc.
The only solace we can have is that if they do decide to grant amnesty to certain illegals, either they will be put behind the queue of legals, or we legals will first be pushed forward and then visa numbers made available to the illegals..
If illegals get priority in the visa number allocation, there will be plenty of uproar and finger pointing....I don't think the current administration would be able to pull something like that off..and in all insanity, if they do something like that, I will be the first one to join that queue of illegals :-)
more...
user1205
02-13 06:38 PM
They have processing times for each service center. If your RD for the 485 is later than that that means they didn't get to look at your file yet even though your PD is current.
Now you have to chack that date instead of the visa bulletin :)
As others have said, Infopass might help to find out if it's with an IO or not.
Now you have to chack that date instead of the visa bulletin :)
As others have said, Infopass might help to find out if it's with an IO or not.
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prioritydate
03-27 09:58 PM
It will not be a problem at all. I know a person who was without a job for 9 months during that time period and still got his green card, so I would assume that you are safe. You should be worried about this at all. This is just my opinion. The final outcome depends upon the person who is approving the case.
more...
life99f
05-31 09:07 AM
Order Details - May 31, 2007 09:44 GMT-04:00
Google Order #157436954936945
Google Order #157436954936945
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gc_chahiye
10-04 11:41 PM
Thanks for sharing the info. This part is really scary. I know potential employers are doing it. Can't believe CBP is doing it. You mean they will do it when you hand over the passport and I-94 at the airport and make a decision on that. WOW
more than scary this is stupid. So if someone with same name as me has a webpage on al-jazeera or some other such site, then I am screwed at the port of entry.
Worse, if I dont like someone just setup a webpage or two in that persons name, pledge allegiance to some fundamentalist Islamic group, put a photo-shopped image of him next to osama bin laden, and the next time that guy tries to re-enter the US... bam... Guantanamo bay! he wont even know what hit him.
Would love to see the look on the CBP officers face to see a photo of the person in front of him with his arms around osama bin laden. A Kodak moment.
I thought the government has enough databases of its own. Why use something as unfiltered and unreliable as the WWW
more than scary this is stupid. So if someone with same name as me has a webpage on al-jazeera or some other such site, then I am screwed at the port of entry.
Worse, if I dont like someone just setup a webpage or two in that persons name, pledge allegiance to some fundamentalist Islamic group, put a photo-shopped image of him next to osama bin laden, and the next time that guy tries to re-enter the US... bam... Guantanamo bay! he wont even know what hit him.
Would love to see the look on the CBP officers face to see a photo of the person in front of him with his arms around osama bin laden. A Kodak moment.
I thought the government has enough databases of its own. Why use something as unfiltered and unreliable as the WWW
more...
kevnss
03-18 03:06 PM
Yesterday I went to SSN Administration office to apply SSN for my wife to get the tax rebate, you definitely need EAD if that person doesn't have work permit. So it automatically changes the status from H4 to EAD. I have also confirmed this the officer about the status, he confirmed that the status will automatically changed to EAD. So H4 no longer exists for spouse if the spouse carried H4 earlier. Hope this will answers your question. Regarding the tax rebate, you have to have SSN to qualify, so that's the main reason I went to SSN administration office for my wife.
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Jaime
02-02 12:47 AM
Guys:
Have you read the most recent update by Shusterman? He links to H.R. 264 "Save America Comprehensive Immigration Act of 2009 (Introduced in House)" Read Title V, Section 501:
TITLE V--LEGALIZATION FOR LONG-TERM RESIDENTS
SEC. 501. EARNED ACCESS TO LEGALIZATION.
(a) In General- Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following:
`ADJUSTMENT OF STATUS ON THE BASIS OF EARNED ACCESS TO LEGALIZATION
`Sec. 245B. (a) In General- The Secretary of Homeland Security may adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien--
`(1) was physically present in the United States for a continuous period of not less than 5 years immediately preceding the date on which this provision was enacted and has maintained continuous physical presence since then;
`(2) has at all times been a person of good moral character;
`(3) has never been convicted of a criminal offense in the United States;
`(4) in the case of an alien who is 18 years of age or older, but who is not over the age of 65, has successfully completed a course on reading, writing, and speaking words in ordinary usage in the English language, unless unable to do so on account of physical or developmental disability or mental impairment;
`(5) in the case of an alien 18 years of age or older, has accepted the values and cultural life of the United States; and
`(6) in the case of an alien 18 years of age or older, has performed at least 40 hours of community service.
`(b) Treatment of Brief, Casual, and Innocent Absences- An alien shall not be considered to have failed to maintain a continuous presence in the United States for purposes of subsection (a)(1) by virtue of brief, casual, and innocent absences from the United States.
`(c) Admissible as Immigrant-
`(1) IN GENERAL- The alien shall establish that the alien is admissible to the United States as immigrant, except as otherwise provided in paragraph (2).
`(2) EXCEPTIONS- The provisions of paragraphs (5), (6)(A), (6)(B), (6)(C), (6)(F), (6)(G), (7)(A), (9)(B), and (9)(C)(i)(I) of section 212(a) shall not apply in the determination of an alien's admissibility under this section.
`(d) Security and Law Enforcement Clearances- The alien, if over 15 years of age, shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section. The Secretary of Homeland Security shall provide a process for challenging the accuracy of matches that result in a finding of ineligibility for adjustment of status.
`(e) Inapplicability of Numerical Limitations- When an alien is granted lawful permanent resident status under this subsection, the number of immigrant visas authorized to be issued under any provision of this Act shall not be reduced. The numerical limitations of sections 201 and 202 shall not apply to adjustment of status under this section.
`(f) Termination of Proceedings- The Secretary of Homeland Security may terminate removal proceedings without prejudice pending the outcome of an alien's application for adjustment of status under this section on the basis of a prima facie showing of eligibility for relief under this section.'.
(b) Clerical Amendment- The table of contents is amended by inserting after the item relating to section 245A the following:
`Sec. 245B. Adjustment of status on the basis of earned access to legalization.'.
ntroduced in the House by Representative Sheila Jackson-Lee (D-TX)
Link
http://shusterman.com/cgi-bin/ex-link.pl?thomas.loc.gov/cgi-bin/query/z?c111:H.R.264.IH:
http://shusterman.com/cgi-bin/ex-link.pl?thomas.loc.gov/cgi-bin/query/z?c111:H.R.264.IH:
Gurus, any comments? Wouldn't this be great??
Also, a bill introduced by Harry Reid seems to have legal employment immigration fixes, that is: "Stronger Economy, Stronger Borders Act of 2009" (S.9) introduced in the Senate by Majority Leader Harry Reid (D-NV) along with a dozen co- sponsors.
Any thoughts???
Have you read the most recent update by Shusterman? He links to H.R. 264 "Save America Comprehensive Immigration Act of 2009 (Introduced in House)" Read Title V, Section 501:
TITLE V--LEGALIZATION FOR LONG-TERM RESIDENTS
SEC. 501. EARNED ACCESS TO LEGALIZATION.
(a) In General- Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following:
`ADJUSTMENT OF STATUS ON THE BASIS OF EARNED ACCESS TO LEGALIZATION
`Sec. 245B. (a) In General- The Secretary of Homeland Security may adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien--
`(1) was physically present in the United States for a continuous period of not less than 5 years immediately preceding the date on which this provision was enacted and has maintained continuous physical presence since then;
`(2) has at all times been a person of good moral character;
`(3) has never been convicted of a criminal offense in the United States;
`(4) in the case of an alien who is 18 years of age or older, but who is not over the age of 65, has successfully completed a course on reading, writing, and speaking words in ordinary usage in the English language, unless unable to do so on account of physical or developmental disability or mental impairment;
`(5) in the case of an alien 18 years of age or older, has accepted the values and cultural life of the United States; and
`(6) in the case of an alien 18 years of age or older, has performed at least 40 hours of community service.
`(b) Treatment of Brief, Casual, and Innocent Absences- An alien shall not be considered to have failed to maintain a continuous presence in the United States for purposes of subsection (a)(1) by virtue of brief, casual, and innocent absences from the United States.
`(c) Admissible as Immigrant-
`(1) IN GENERAL- The alien shall establish that the alien is admissible to the United States as immigrant, except as otherwise provided in paragraph (2).
`(2) EXCEPTIONS- The provisions of paragraphs (5), (6)(A), (6)(B), (6)(C), (6)(F), (6)(G), (7)(A), (9)(B), and (9)(C)(i)(I) of section 212(a) shall not apply in the determination of an alien's admissibility under this section.
`(d) Security and Law Enforcement Clearances- The alien, if over 15 years of age, shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section. The Secretary of Homeland Security shall provide a process for challenging the accuracy of matches that result in a finding of ineligibility for adjustment of status.
`(e) Inapplicability of Numerical Limitations- When an alien is granted lawful permanent resident status under this subsection, the number of immigrant visas authorized to be issued under any provision of this Act shall not be reduced. The numerical limitations of sections 201 and 202 shall not apply to adjustment of status under this section.
`(f) Termination of Proceedings- The Secretary of Homeland Security may terminate removal proceedings without prejudice pending the outcome of an alien's application for adjustment of status under this section on the basis of a prima facie showing of eligibility for relief under this section.'.
(b) Clerical Amendment- The table of contents is amended by inserting after the item relating to section 245A the following:
`Sec. 245B. Adjustment of status on the basis of earned access to legalization.'.
ntroduced in the House by Representative Sheila Jackson-Lee (D-TX)
Link
http://shusterman.com/cgi-bin/ex-link.pl?thomas.loc.gov/cgi-bin/query/z?c111:H.R.264.IH:
http://shusterman.com/cgi-bin/ex-link.pl?thomas.loc.gov/cgi-bin/query/z?c111:H.R.264.IH:
Gurus, any comments? Wouldn't this be great??
Also, a bill introduced by Harry Reid seems to have legal employment immigration fixes, that is: "Stronger Economy, Stronger Borders Act of 2009" (S.9) introduced in the Senate by Majority Leader Harry Reid (D-NV) along with a dozen co- sponsors.
Any thoughts???
more...
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vxb2004
11-24 08:09 PM
Hello,
I joined company B in April and prior to that I was working for company A. Fragoman was company A's attorney. Through company A I had my labor certified, I-140 approved and my 485 was pending for more than 180 days and hence I was able to switch my job using AC21. My job was in the same and similar job classification. The AC21 documents were sent to USCIS in early April by company B's attorney.
Last week of October, I received my finger printing notice as part of my I-485 process. When I contacted company B's attorney, they never received any courtesy copy for my finger printing notice. Today I called up USCIS customer service to find out the attorney on record for my file. They mentioned that it was still company A's and the courtesy copy was sent to them. I mentioned to the officer that AC21 was filed which had the change in attorney information. She said that they do not have any records of it. She advised me to send a copy of the AC21 forms again along with the G28 documents.
My question is if company B's attorney send the AC21 documents, will USCIS question why the documents are being sent after 8 months of switching jobs?
Will this trigger an RFE?
Please advise.
I joined company B in April and prior to that I was working for company A. Fragoman was company A's attorney. Through company A I had my labor certified, I-140 approved and my 485 was pending for more than 180 days and hence I was able to switch my job using AC21. My job was in the same and similar job classification. The AC21 documents were sent to USCIS in early April by company B's attorney.
Last week of October, I received my finger printing notice as part of my I-485 process. When I contacted company B's attorney, they never received any courtesy copy for my finger printing notice. Today I called up USCIS customer service to find out the attorney on record for my file. They mentioned that it was still company A's and the courtesy copy was sent to them. I mentioned to the officer that AC21 was filed which had the change in attorney information. She said that they do not have any records of it. She advised me to send a copy of the AC21 forms again along with the G28 documents.
My question is if company B's attorney send the AC21 documents, will USCIS question why the documents are being sent after 8 months of switching jobs?
Will this trigger an RFE?
Please advise.
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eldrick
08-16 01:53 PM
Initially, when lawyer sent the documents for signature, they said we should send a $745 dollars check for spouse's form fees. So, my husband asked HR if he's gonna pay for this but HR told him no need they are gonna cover it.
But just yesterday, after my husband got his payslip they deducted 1245 fee. So, my husband complained that he was told that he's not suppose to pay even for spouse's fee.
Because of this complaint, Company sent a letter of apology for wrong information.
My question is , do we really need to pay for this + separate legal fee?
Sorry my details are incomplete in my first post.
Please help. Thanks
But just yesterday, after my husband got his payslip they deducted 1245 fee. So, my husband complained that he was told that he's not suppose to pay even for spouse's fee.
Because of this complaint, Company sent a letter of apology for wrong information.
My question is , do we really need to pay for this + separate legal fee?
Sorry my details are incomplete in my first post.
Please help. Thanks
more...
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Bobby80
06-03 04:22 AM
Ann
Thank you for your post. I have recently received a green card through my spouse. I used to work in New York and lost my job in 2009 but never claimed benefits as I was not a permanent resident at that time. I got my green card in Jan2011. Can I apply now for unemployment benefits in NY state? I live in NYC and we pay taxes jointly since 2007. I have been unemployed for over 2 years now and am looking for jobs at the moment since I now have an EAD. Please advise. Thanks
Thank you for your post. I have recently received a green card through my spouse. I used to work in New York and lost my job in 2009 but never claimed benefits as I was not a permanent resident at that time. I got my green card in Jan2011. Can I apply now for unemployment benefits in NY state? I live in NYC and we pay taxes jointly since 2007. I have been unemployed for over 2 years now and am looking for jobs at the moment since I now have an EAD. Please advise. Thanks
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inskrish
08-01 12:04 AM
Love the analogy.
Thanks Coopheal for leaving the IV wiki effort.
Pappu,
Just wanted to clarify, is it 'Leaving' or 'Leading'?
Thanks Coopheal for leaving the IV wiki effort.
Pappu,
Just wanted to clarify, is it 'Leaving' or 'Leading'?
more...
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485Mbe4001
05-17 11:13 PM
Thanks i had asked my company lawyers refile under perm for me.Their reply was that you are better off with your current PD (sometime 2002), if the bill passes then we can reasses your situation. I have the US masters and all the blah...blah..so i was wondering if i should go with some other lawyer.
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rbms
03-06 05:26 PM
Two responses
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the_googly
08-22 02:14 PM
ND: Jun 26 08
Approved on Aug 19th 08
Don't worry.. they are catching up.
Approved on Aug 19th 08
Don't worry.. they are catching up.
innervoice
03-15 01:35 PM
Donated, S-90D44255UL602673B
gcwanted101
09-01 03:40 PM
Looks like there are mail and fax options.
Did you indicate whether you need it in a CD instead of paper copy?
Also for the labor copy, should the request be sent to USCIS or DOL?
Hey lj_rr
"Also for the labor copy, should the request be sent to USCIS or DOL?"
For Labor : you have to send request to DOL.
For 140 : you have to send request to USCIS.
Did you indicate whether you need it in a CD instead of paper copy?
Also for the labor copy, should the request be sent to USCIS or DOL?
Hey lj_rr
"Also for the labor copy, should the request be sent to USCIS or DOL?"
For Labor : you have to send request to DOL.
For 140 : you have to send request to USCIS.
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