desi3933
03-15 02:57 PM
Thanks.
So employer has to inform USCIS about EAD use. But in this case (and termination) the actual H1b cancellation is USCIS decision ?
(The pdf does not state what action USCIS will take)
Incorrect, again!
Employer is not required to inform about EAD usage. On the contrary, Employer has to inform about discontinuation of H-1B for that employee. That will absolve employer H-1B employer for any condition or payment for wages for conditions such as unproductive time (aka bench).
There is no regulation that requires employer to inform USCIS when employment (and I-9) is filled due to EAD, Green Card, or US citizenship.
_______________________
Not a legal advice.
US citizen of Indian origin
So employer has to inform USCIS about EAD use. But in this case (and termination) the actual H1b cancellation is USCIS decision ?
(The pdf does not state what action USCIS will take)
Incorrect, again!
Employer is not required to inform about EAD usage. On the contrary, Employer has to inform about discontinuation of H-1B for that employee. That will absolve employer H-1B employer for any condition or payment for wages for conditions such as unproductive time (aka bench).
There is no regulation that requires employer to inform USCIS when employment (and I-9) is filled due to EAD, Green Card, or US citizenship.
_______________________
Not a legal advice.
US citizen of Indian origin
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smuggymba
10-05 03:25 PM
excuse me. What wrong with this info. EB3 was/is badly suffering because of those illegals. Looks like ur the anti and the troll.
Troll alert. This guy is trying taint eb3.
Troll alert. This guy is trying taint eb3.
unbreakable
03-17 11:20 AM
Thanks guys for your replies. Will keep you posted on my RFE.
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dilbert_cal
10-31 06:59 PM
To answer your questions (assuming you filed I-1485 with A - since you mention using EAD).
1. Is employer A going to withdraw the approved I-140? If yes, then you will run into some issues with the way things are going now. But you should be able to fight back (MTR etc) in the worst case. If A is not withdrawing I-140, then less problem.
Once 140 is revoked and 485 is denied as well, you will not be able to work anymore. You are planning to use EAD - your EAD is invalid the day your 485 is denied. By filing MTR, you may be able to get it back on track but until then you cannot work. Its upto you to decide whether you want to take this risk or not.
2. Is Company B, that promises to employ you after GC, can they give any written statement? Here in US it is _at-will_ employment. So, you might have tough time proving it.
Even with a written statement, there is no guarantee they will hire you when you have your GC - and anyways this doesnt real mean anything w.r.t. his GC process.
3. Another problem is, before they adjudicate your I-485, they might issue an RFE to check if you're still employed in same or similar position. And employment with Company C will not satisfy this requirement.
Perfectly said. If you are using ac-21 , your new job has to be same/similar to the job filed for GC. Job with C is not same/similar. If you have a RFE ( high chances when you file AC21 based on anecdotal evidence ) , you will be in trouble.
Now, I am not sure if any documents from company B will establish the fact that you will be working in same/similar occupation. You should better consult with an Immigration Attorney and better yet retain them for future.
Overall, not knowing what is the reason you want the change, etc. it is difficult to advise you one way or the other - but its pretty clear that the risks can be pretty high in this particular case.
1. Is employer A going to withdraw the approved I-140? If yes, then you will run into some issues with the way things are going now. But you should be able to fight back (MTR etc) in the worst case. If A is not withdrawing I-140, then less problem.
Once 140 is revoked and 485 is denied as well, you will not be able to work anymore. You are planning to use EAD - your EAD is invalid the day your 485 is denied. By filing MTR, you may be able to get it back on track but until then you cannot work. Its upto you to decide whether you want to take this risk or not.
2. Is Company B, that promises to employ you after GC, can they give any written statement? Here in US it is _at-will_ employment. So, you might have tough time proving it.
Even with a written statement, there is no guarantee they will hire you when you have your GC - and anyways this doesnt real mean anything w.r.t. his GC process.
3. Another problem is, before they adjudicate your I-485, they might issue an RFE to check if you're still employed in same or similar position. And employment with Company C will not satisfy this requirement.
Perfectly said. If you are using ac-21 , your new job has to be same/similar to the job filed for GC. Job with C is not same/similar. If you have a RFE ( high chances when you file AC21 based on anecdotal evidence ) , you will be in trouble.
Now, I am not sure if any documents from company B will establish the fact that you will be working in same/similar occupation. You should better consult with an Immigration Attorney and better yet retain them for future.
Overall, not knowing what is the reason you want the change, etc. it is difficult to advise you one way or the other - but its pretty clear that the risks can be pretty high in this particular case.
more...
dreamworld
11-07 12:44 PM
Thank you everyone for the responses.
Dreamworld, Could you let me know what kind of supporting documents are needed. Thanks in advance.
masti_Gai is right...
Your parents should provide your address as the USA residence address while filling the form at port of entry. Sometimes the immigration officer at port of entry may call you to verify.
Dreamworld, Could you let me know what kind of supporting documents are needed. Thanks in advance.
masti_Gai is right...
Your parents should provide your address as the USA residence address while filling the form at port of entry. Sometimes the immigration officer at port of entry may call you to verify.
viswanadh73
01-04 03:21 PM
thanks
more...
masti_Gai
01-05 09:04 AM
coz...
Many people have started moving from EB3 to EB2 and retaining their priority date.
Many people have started filing in EB2 now as they know the result will be known within 2 to 3 months as PERM is faster.
So the no of cases in EB2 have increased in an alarmin scale after 05.
but still i would choose EB2 instead of EB3 coz the amount of retrogression in EB3 is more compared to EB2
All the best. Hope ur decision really pays off....:)
Many people have started moving from EB3 to EB2 and retaining their priority date.
Many people have started filing in EB2 now as they know the result will be known within 2 to 3 months as PERM is faster.
So the no of cases in EB2 have increased in an alarmin scale after 05.
but still i would choose EB2 instead of EB3 coz the amount of retrogression in EB3 is more compared to EB2
All the best. Hope ur decision really pays off....:)
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ashrock11
02-04 04:03 PM
Can somebody suggest a good immigration lawyer in the Boston Area. Need to consult for AC21, transfer employer, transfer existing case from present employer etc.
Thanks
Thanks
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Jaime
09-05 05:08 PM
Retrogression affects ALL countries. ROW EB3 has been retrogressed for some time.
Please be careful to not spread misconceptions about who is, or is not, affected.
Well, right now it is all "U" on the visa bulletin, you are right. But I assure you that come October and the following months there will be visas for our Egyptian friend and ROW.
Please be careful to not spread misconceptions about who is, or is not, affected.
Well, right now it is all "U" on the visa bulletin, you are right. But I assure you that come October and the following months there will be visas for our Egyptian friend and ROW.
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krishna_brc
02-11 04:11 PM
I-485 RFE details.
Needed evidences:
1. 2 Passport size photos in USCIS specs.
2. Form I-693 completed by civil surgeon.
We did submit all these requested I-693 and photos during the initial filing. My question is, does USCIS request for new I-693 if the original one submitted is older than one year or more?
As far as i know medicals are valid for 2 1/2 years.
Answer to your next question is, there could be many possibilities.
1. USCIS might have lost your original 693
2. There could be something which is not clear in the original 693 etc
Don't worry much. Just give them what they asked.
Its good that they opened your file.
Needed evidences:
1. 2 Passport size photos in USCIS specs.
2. Form I-693 completed by civil surgeon.
We did submit all these requested I-693 and photos during the initial filing. My question is, does USCIS request for new I-693 if the original one submitted is older than one year or more?
As far as i know medicals are valid for 2 1/2 years.
Answer to your next question is, there could be many possibilities.
1. USCIS might have lost your original 693
2. There could be something which is not clear in the original 693 etc
Don't worry much. Just give them what they asked.
Its good that they opened your file.
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gc_chahiye
08-03 05:55 PM
With an I-140 approval a strict reading of the law does seem to imply to me also that an extension only if I-485 cannot be filed. However USCIS has been interpreting this to be I-485 cant be approved because of visa numbers. And that makes sense.
So once dates go U (like they have now), or you are no longer current, you can still get 3 year extensions. Thats what has happened to a couple of my friends.
So once dates go U (like they have now), or you are no longer current, you can still get 3 year extensions. Thats what has happened to a couple of my friends.
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sintax321
10-22 08:36 PM
Hey mdipi I like your new footer. Looks really good.
:)
:)
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jonty_11
08-03 05:57 PM
Yes you can apply today , per Aug bulletin it's all "U" , forgot about that !!!!
it will remain U until mid Sept when Oct Vb comes out....with a lotta surprises..
it will remain U until mid Sept when Oct Vb comes out....with a lotta surprises..
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Lisap
09-12 05:27 PM
same situation...
sent to USCIS Texas on June 29, received on JUly 2nd at 10:25 AM. no receipts and no checks cashed yet. the USCIS receipting notice Texas said that they have finished receipting July 2 appl. what happened to our appl then?
pls anyone who filed july 2 at texas and with the same info who got their cks cashed and receipts rec, kindly share here. tnx!
Just hang in there you will have your receipts soon!!
sent to USCIS Texas on June 29, received on JUly 2nd at 10:25 AM. no receipts and no checks cashed yet. the USCIS receipting notice Texas said that they have finished receipting July 2 appl. what happened to our appl then?
pls anyone who filed july 2 at texas and with the same info who got their cks cashed and receipts rec, kindly share here. tnx!
Just hang in there you will have your receipts soon!!
more...
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pbojja
05-21 12:03 PM
Has anybody in this group(i.e. whose I-140 was transferred to TSC from NSC recently) seen any movements in their case? I am in the same boat, I-140 filed May'07 at NSC and moved to TSC in Apr'08. I saw one more related thread but haven't seen any approvals recently.
http://immigrationvoice.org/forum/showthread.php?t=18566
Please do update if you have any recent updates. Thank you
Looks like all the transfer cases are placed seperately and will not be touched for a while , My case was transfered to TSC on April 7th 08 and RD : July 5 th 07 . No word from TSC .. Not sure what we can do , more than a year of waiting for 140 approval ...God only can help us
http://immigrationvoice.org/forum/showthread.php?t=18566
Please do update if you have any recent updates. Thank you
Looks like all the transfer cases are placed seperately and will not be touched for a while , My case was transfered to TSC on April 7th 08 and RD : July 5 th 07 . No word from TSC .. Not sure what we can do , more than a year of waiting for 140 approval ...God only can help us
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waiting4gc
07-18 03:06 PM
As long as you file I 140 as soon as your labor is approved. Spouse has nothing to do with application till it hits the 485 stage so you can file your 485 later.
Make sure you file your 140 in the regular channels and it should take some time to get approved.
Even if you decide to change jobs, after 140 is approved, the priority date is yours. So if you have a copy of the approved I 140 when you change jobs, you have to start the process all over again but by submitting the approved I 140 from previous company, you can maintain the priority date.
Hello guys,
First of all thank you very much for your answers in advance.
I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.
I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.
I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.
So, here are my questions:
Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?
I am not planning to change my job. So, would my I-140 have an expiration date?
Do you have any other suggestions? Thank you!
Make sure you file your 140 in the regular channels and it should take some time to get approved.
Even if you decide to change jobs, after 140 is approved, the priority date is yours. So if you have a copy of the approved I 140 when you change jobs, you have to start the process all over again but by submitting the approved I 140 from previous company, you can maintain the priority date.
Hello guys,
First of all thank you very much for your answers in advance.
I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.
I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.
I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.
So, here are my questions:
Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?
I am not planning to change my job. So, would my I-140 have an expiration date?
Do you have any other suggestions? Thank you!
more...
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godbless
11-01 02:56 PM
My brother is a Physical Therapist. His employer filed I485/I140 concurrently last week. His I140 was not filed under premium processing as the employer said that it is a waste of money as the GC will not come in a months time ( as the retrogression took place from Nov 2006). But then would he get his EAD or not? Any thoughts please?
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Jubba
10-16 10:54 AM
Kit that was beautiful. Tife rocks.
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learning01
05-25 06:41 AM
and we need to close one, prefererably this one.
redgreen
03-14 12:14 PM
So what exactly is meant by this switching? How/What does it affect? Where or how you/company/USICS decide whether you are on H1 or EAD?
Thanks coopheal, desi3933.
But in case of switching from H1b to EAD (while working for H1b/GC sponsoring employer), there is no termination, changes in the employee�s eligibility or change in job duties. So no requirement to cancel H1b.
Thanks coopheal, desi3933.
But in case of switching from H1b to EAD (while working for H1b/GC sponsoring employer), there is no termination, changes in the employee�s eligibility or change in job duties. So no requirement to cancel H1b.
addsf345
10-22 06:18 PM
I was eligible for EB-2 but as company wouldn't file any case in EB-2.
My lawyer suggests the best way to get it faster is to apply for a new EB-2 (fm a new company) and go for consular processing. I am still researching that option.
Thank you "KabAyegaMeraGc". However one thing I don't understand why the consular processing?
My lawyer suggests the best way to get it faster is to apply for a new EB-2 (fm a new company) and go for consular processing. I am still researching that option.
Thank you "KabAyegaMeraGc". However one thing I don't understand why the consular processing?
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