surabhi
09-16 10:21 PM
surabhi,
At the Port of Entry, were you asked if you are still working for the GC sponsoring employer? Did you have to show any documentation from new employer?
I am planning to travel to India in December on AP. I recently changed jobs.
Thanks in advance.
THe IO asked who filed my green card. He didnt followup to ask if I am still working with the original employer or not.
At the Port of Entry, were you asked if you are still working for the GC sponsoring employer? Did you have to show any documentation from new employer?
I am planning to travel to India in December on AP. I recently changed jobs.
Thanks in advance.
THe IO asked who filed my green card. He didnt followup to ask if I am still working with the original employer or not.
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rsayed
05-26 09:39 PM
Three years clock ticks from the day filed, one year is down, two to go.
...I like the attitude :)
...I like the attitude :)
desi3933
01-23 01:15 PM
I just checked my transfered h1b petition. It says reciepient date as aug, 23rd and work permit starting august 28. My previous company (A) fired me on 23rd. So, this is my case. I also would like to remind you that after shifting to Company B I got my H1b visa stamped. This is the second time I am going for stamping for visa renewal.
Given that my h1 transfer recipient date is aug 23rd (same day I got laid off),am I still safe?
Please also let me know if I could use adv. parole if some worst happens and get my h1 renewal visa gets rejected. Please respond me as soon as possible. Thanks.
You should be fine. From these details, it seems you were not out of status.
Even if you were out of status for 7 days, this can not ground for visa denial. If visa is not issued (or rejected), AP can be used for re-entry.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
Given that my h1 transfer recipient date is aug 23rd (same day I got laid off),am I still safe?
Please also let me know if I could use adv. parole if some worst happens and get my h1 renewal visa gets rejected. Please respond me as soon as possible. Thanks.
You should be fine. From these details, it seems you were not out of status.
Even if you were out of status for 7 days, this can not ground for visa denial. If visa is not issued (or rejected), AP can be used for re-entry.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
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insbaby
07-22 07:10 AM
Now I understand why June 12 VB says "Current". If everyone (atleast 300K) files in July and close the gate, all are stuck in the old fee system, which in future is constant revenue for USCIS.
300,000 X $600 = $180,000,000 / Year
can anyone miss this?
300,000 X $600 = $180,000,000 / Year
can anyone miss this?
more...
danonline2110
01-22 02:56 PM
Hello,
I am a French citizen (married to a French woman with a French 3 1/2 daughter). We have been living for 8 years in London (UK) until July 2007, where we have had the opportunity to come and live in US (Atlanta - GA) for past 1 1/2 year on a L1-Visa (for me as a foreign national holding an advanced degree on international transfer company) and L-2 visas for my dependents (My wife has her EAD and is working as a French teacher consultant). These are 3 year Visas renewable until 5 years. I have moved as a Product Architect in IT field (Airline Industry) reporting to an IT Director.
I am currently trying to negotiate with my company to stay on a local contract after my initial mission of 2 years expires (end June 09) and make them do all the necessary paperwork for getting the Green Cards for me/wife and daughter (I assume would be EB-2?)
They may reject my offer to handle requesting Green Cards for us, but still offer me to stay on a local contract on the L1-Visa, not allowing me to foresee to stay legally any longer than 5 years (maybe extended 2 additional years but still...).
I want to be prepared for that scenario with assistance of experts to know where I could go from there.
2 Alternatives as I see:
1) If I stay in same company, could I try to apply for Green Cards for my family (Green Card EB-2) myself being employed by this company on L1 Visa? What are my chances of succeeding then?
2) We are expecting a baby girl in March (who will be born American in Atlanta) and was wondering whether or not she could sponsored us (on our request being their parents and she would only be an infant), so that we could stay legally and request the Green Cards Family Based?
In both cases, if I apply myself for the Green Cards, I suppose I would no longer be tied to my company and free to look for a job elsewhere in Georgia or other state in USA?
I would appreciate any expertise on that matter.
Thanks!
Daniel
I am a French citizen (married to a French woman with a French 3 1/2 daughter). We have been living for 8 years in London (UK) until July 2007, where we have had the opportunity to come and live in US (Atlanta - GA) for past 1 1/2 year on a L1-Visa (for me as a foreign national holding an advanced degree on international transfer company) and L-2 visas for my dependents (My wife has her EAD and is working as a French teacher consultant). These are 3 year Visas renewable until 5 years. I have moved as a Product Architect in IT field (Airline Industry) reporting to an IT Director.
I am currently trying to negotiate with my company to stay on a local contract after my initial mission of 2 years expires (end June 09) and make them do all the necessary paperwork for getting the Green Cards for me/wife and daughter (I assume would be EB-2?)
They may reject my offer to handle requesting Green Cards for us, but still offer me to stay on a local contract on the L1-Visa, not allowing me to foresee to stay legally any longer than 5 years (maybe extended 2 additional years but still...).
I want to be prepared for that scenario with assistance of experts to know where I could go from there.
2 Alternatives as I see:
1) If I stay in same company, could I try to apply for Green Cards for my family (Green Card EB-2) myself being employed by this company on L1 Visa? What are my chances of succeeding then?
2) We are expecting a baby girl in March (who will be born American in Atlanta) and was wondering whether or not she could sponsored us (on our request being their parents and she would only be an infant), so that we could stay legally and request the Green Cards Family Based?
In both cases, if I apply myself for the Green Cards, I suppose I would no longer be tied to my company and free to look for a job elsewhere in Georgia or other state in USA?
I would appreciate any expertise on that matter.
Thanks!
Daniel
nogc_noproblem
12-21 01:01 AM
I like this attitude.
Rather than worrying about uncertain things, enjoy the reality.
Why cant we just enjoy the job mobility of AC21 peacefully? [/B]
Rather than worrying about uncertain things, enjoy the reality.
Why cant we just enjoy the job mobility of AC21 peacefully? [/B]
more...
nayekal
02-21 01:13 PM
Simple thing, when she doesn't have a job why would you get her an H1B , which any other well qualified candidate would have got. Because of the people like you all the legal immigrants are the targets of the accusation of "stealing our jobs".
People like you and these cheap desi companies, are a shame on the face of all the hardworking legal immigrants here. I think the same thing was asked by someone on someother post as well and was badly critized.
Dude, you think a person with 3 years of working exp in IT after completing masters is not qualified?
How can some one gives you a job offer to join them in October by sponsoring H1 in April. You don't apply for H1 during April of any year, then you will never be able to get a job.
I am sure you will find many (most of them are) consultants from so called cheap desi companies are technically smarter and have lots of exp as well. May be those companies are cheap, but people are not.
Before you come to forums and release your frustration, go and tell your friends and colleagues about your opinions. I bet, most of them will stop talking to you.
People like you and these cheap desi companies, are a shame on the face of all the hardworking legal immigrants here. I think the same thing was asked by someone on someother post as well and was badly critized.
Dude, you think a person with 3 years of working exp in IT after completing masters is not qualified?
How can some one gives you a job offer to join them in October by sponsoring H1 in April. You don't apply for H1 during April of any year, then you will never be able to get a job.
I am sure you will find many (most of them are) consultants from so called cheap desi companies are technically smarter and have lots of exp as well. May be those companies are cheap, but people are not.
Before you come to forums and release your frustration, go and tell your friends and colleagues about your opinions. I bet, most of them will stop talking to you.
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lazycis
12-05 12:42 PM
Here is a good article on the subject with references to the US law and caselaw:
http://www.americanlaw.com/maintlpr.html
"The second requirement in INA �101(a)(27)(A) is that the absence abroad be temporary. According to Gamero v. INS, 367 F.2d 123, 126 (9th Cir., 1966), the term "temporary'' varies in application, depending upon the facts and circumstances of each particular case. According to Matter of Huang, 19 I. & N. Dec. 749, 7 Immig. Rptr. B1-17 (BIA 1988), temporariness is not defined in terms of elapsed time alone; the intention of the alien, when it can be ascertained, will control."
http://www.americanlaw.com/maintlpr.html
"The second requirement in INA �101(a)(27)(A) is that the absence abroad be temporary. According to Gamero v. INS, 367 F.2d 123, 126 (9th Cir., 1966), the term "temporary'' varies in application, depending upon the facts and circumstances of each particular case. According to Matter of Huang, 19 I. & N. Dec. 749, 7 Immig. Rptr. B1-17 (BIA 1988), temporariness is not defined in terms of elapsed time alone; the intention of the alien, when it can be ascertained, will control."
more...
GCard_Dream
04-04 05:42 PM
If you have filed multiple applications like 485, EAD, AP, etc and then you move and do an address change using the AR-11 form, addresses in your pending applications will not get automatically changed. The AR-11 form doesn't change your address in the pending applications unless you filled out the AR-11 form online and specifically requested that addresses in all pending files be changed. This is so weired that the CIS would change address in their central database but the address in the pending applications wouldn't change.
If you fill out AR-11 online, it will ask you if you have any pending applications with USCIS and if so, if you want to update the address on those files. If you say yes the you would have to enter the case/receipt number of pending applications and the new address. Good luck.
Despite updating the new address 2 times, and getting hard copy confirmation, FP notices for my wife and daughter have gone to the old address twice.
With an Infopass appointment, spoke to the guy at the local USCIS office. He confirmed that the current address is what is on their records.
Wonder how things work in USCIS. Keeping my fingers crossed for future mail!!!
If you fill out AR-11 online, it will ask you if you have any pending applications with USCIS and if so, if you want to update the address on those files. If you say yes the you would have to enter the case/receipt number of pending applications and the new address. Good luck.
Despite updating the new address 2 times, and getting hard copy confirmation, FP notices for my wife and daughter have gone to the old address twice.
With an Infopass appointment, spoke to the guy at the local USCIS office. He confirmed that the current address is what is on their records.
Wonder how things work in USCIS. Keeping my fingers crossed for future mail!!!
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glosrfc
01-02 05:44 PM
Are you considering actually creating something in AS1?
:)
I already have something in AS1 that fits the guidelines of this competition perfectly!
:)
I already have something in AS1 that fits the guidelines of this competition perfectly!
more...
desi3933
02-11 11:59 AM
Doesn't the H1 takes effect only if you join them. I dont think just getting approval alone change your status.
Otherwise is there any source for this claim
If the approval notice has new I-94 then new status has taken effect. Infact new I-94 will also have H-1B written as well, if the new status is H-1B.
Person has to file for another change of status if he/she wants to go back to old status.
__________________
Not a legal advice.
Otherwise is there any source for this claim
If the approval notice has new I-94 then new status has taken effect. Infact new I-94 will also have H-1B written as well, if the new status is H-1B.
Person has to file for another change of status if he/she wants to go back to old status.
__________________
Not a legal advice.
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sury
11-02 06:25 AM
We applied SSN in Tulsa SSA office for my wife and kid. Wife and Kid still on H4.
They asked for
EAD
Birth Certificate
Passport
The good thing is that everything is online in Tulsa SSA office and you don't need to fill any form.
Sury
They asked for
EAD
Birth Certificate
Passport
The good thing is that everything is online in Tulsa SSA office and you don't need to fill any form.
Sury
more...
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fromnaija
01-23 10:39 AM
I think with PERM in place you have to be on the payroll for the employer to apply for the GC. Pre-PERM you were not required to be on payroll..
Thats the info that I know of (Not from lawyers) from friends.. Please correct me if i am wrong.:confused:
No, you are not required to be on the payroll for employer to file PERM since GC is for future employment.
Thats the info that I know of (Not from lawyers) from friends.. Please correct me if i am wrong.:confused:
No, you are not required to be on the payroll for employer to file PERM since GC is for future employment.
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ameryki
08-28 10:28 PM
Dude, if your profile is genuine, that does indicate something - my PD is also Nov. 2005, EB3-I. Both of us got 1 year EAD instead of 2.......hmm.....my attorney called USCIS and according to the attorney they (USCIS rep) couldn't tell them the reason for 1 year EAD.......asked me to do infopass!
trust me the ead situation is not consistent across the board. it is totally up to the IO assigned to the filing. but if you think its promising I truly hope you are right. do keep us posted if you find out more.
trust me the ead situation is not consistent across the board. it is totally up to the IO assigned to the filing. but if you think its promising I truly hope you are right. do keep us posted if you find out more.
more...
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jayp
12-16 11:04 AM
check this link for NJ DMV
http://www.state.nj.us/mvc/
then select renew license renew which has a page for you to select the
6 point id verification. I looked and it has EAD as one of the documents. I would print each page with your selection and take it with you
I assume you do not have a valid I-94.
Also call your state DMV and confirm what documents are sufficient.
hope this helps.
http://www.state.nj.us/mvc/
then select renew license renew which has a page for you to select the
6 point id verification. I looked and it has EAD as one of the documents. I would print each page with your selection and take it with you
I assume you do not have a valid I-94.
Also call your state DMV and confirm what documents are sufficient.
hope this helps.
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Sampath7768
10-15 01:40 PM
Hello Friends,
I have recently seen an excellent summary on this but now I am not able to find it. Below are my doubts and would appreciate some inputs or please direct me to that link...
1) Have a Job on H1B
2) Received EAD.
My Question is "Can I take up a second job on EAD and continue using H1B for my first job?"
Pl adice.
Thanks much.
PD: Feb 2005, EB2
RD: 20th July 07
ND: 17 th Aug 07
I have recently seen an excellent summary on this but now I am not able to find it. Below are my doubts and would appreciate some inputs or please direct me to that link...
1) Have a Job on H1B
2) Received EAD.
My Question is "Can I take up a second job on EAD and continue using H1B for my first job?"
Pl adice.
Thanks much.
PD: Feb 2005, EB2
RD: 20th July 07
ND: 17 th Aug 07
more...
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140jibjab
02-25 04:53 PM
People like your (friend's) wife are a shame to the legal immigration community. We come here to work hard and make a better living. I don't think, this woman deserve to be admitted back to the US and I am not sorry to be rude in this case.
I think it is a Petty case. As long u can provide the Court Disposition and the ticket issued to the consular officer, You will get the Visa.. Provide as much documentation about the case to the consular officer.
SNTHAMPI , you work hard dude, don't be Hard on others.
I think it is a Petty case. As long u can provide the Court Disposition and the ticket issued to the consular officer, You will get the Visa.. Provide as much documentation about the case to the consular officer.
SNTHAMPI , you work hard dude, don't be Hard on others.
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nk2006
04-17 03:36 PM
As per today I have an H1b visa, I have my I140 approved, and my 6th year ends on April 25, 2008. My actual employer have gave me a contract that says that upon I become a permanent resident i will have to work for him for 5 years, then if I quit after the 5th year or before I will not able to work on the same industry on all the united states, also mention what my salary would be but there is no mention of increase. Since I will have to wait until my residence at least 3 more years, that means that I will have to work on these conditions for 8 or 9 years.!!!!
I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
The contract is rather stringent � working for 5 years after getting the greencard and not able to work in same industry??? You are right it may not even legal � and may not stand in any court.
Having said that, I can say that it is very common in IT industry to make the visa candidates sign a contract. Generally these contracts ask you to work for the employer for at least 2 years �after� getting the green card; and if you leave before 2 years then you have to pay all the legal charges that employer incurred for the GC processing. Many employers require this before starting the process � but I heard many big companies don�t really enforce this. Also there are other couple workarounds: the contract (even in your case) says �after� getting the GC, so if you are eligible to apply for 485 then sign the contract and apply for 485; after six months you can use AC21 and leave the employer � technically you havn�t yet got the GC card and so the contract is not violated. I know a couple friends did this exactly in our company.
If you are not yet eligible to apply for 485 (retrogressed country) then try to collect some documents like a copy of your approved I140 and if possible a copy of approved labor (this may not be required). Then find a new job now and transfer your H1B there; during transfer ask for three years extension based on your approved I140+not able to apply for 485 status. With new employer start fresh PERM+I140. If you have copies of I140 you might be able to get you priority date too. I know there are lot of ifs and buts here but I think this is the best case scenario for you especially if you don�t like your present job (Disclaimer: I am not a lawyer).
I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
The contract is rather stringent � working for 5 years after getting the greencard and not able to work in same industry??? You are right it may not even legal � and may not stand in any court.
Having said that, I can say that it is very common in IT industry to make the visa candidates sign a contract. Generally these contracts ask you to work for the employer for at least 2 years �after� getting the green card; and if you leave before 2 years then you have to pay all the legal charges that employer incurred for the GC processing. Many employers require this before starting the process � but I heard many big companies don�t really enforce this. Also there are other couple workarounds: the contract (even in your case) says �after� getting the GC, so if you are eligible to apply for 485 then sign the contract and apply for 485; after six months you can use AC21 and leave the employer � technically you havn�t yet got the GC card and so the contract is not violated. I know a couple friends did this exactly in our company.
If you are not yet eligible to apply for 485 (retrogressed country) then try to collect some documents like a copy of your approved I140 and if possible a copy of approved labor (this may not be required). Then find a new job now and transfer your H1B there; during transfer ask for three years extension based on your approved I140+not able to apply for 485 status. With new employer start fresh PERM+I140. If you have copies of I140 you might be able to get you priority date too. I know there are lot of ifs and buts here but I think this is the best case scenario for you especially if you don�t like your present job (Disclaimer: I am not a lawyer).
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abhi_jais
01-27 08:58 AM
Guys,
Don't loose hope, we have got nothing to loose but in case we win, we will help the entire community to achieve their dreams. I guess we should do our part and leave the rest on the senators. Lets get together again and convince our senators to pass this bill, hopefully we can get it done this time.
--Abhi
Don't loose hope, we have got nothing to loose but in case we win, we will help the entire community to achieve their dreams. I guess we should do our part and leave the rest on the senators. Lets get together again and convince our senators to pass this bill, hopefully we can get it done this time.
--Abhi
techbuyer77
07-20 09:58 AM
What happens if I get my EAD after 180 days of concurrent filing i-140 & i-485, and my employer no longer has a vacancy for me. Can I start at another job or do I have to refile the i-140. (I'm not presently working for the company yet)
If i-140 is approved and i-485 is pending more than 180 days invoke ac21 with new job with similar duties and salary at least what labor said. Not need to file no new i-140
If i-140 is approved and i-485 is pending more than 180 days invoke ac21 with new job with similar duties and salary at least what labor said. Not need to file no new i-140
hydubadi
03-31 12:19 PM
Thanks for the reply.
How to dispute against this fake criminal record in background check.
How to dispute against this fake criminal record in background check.
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