GCBy3000
02-07 09:54 AM
You are not married to your job if you are in H1. This is my whole point to be in H1. I MAY BE WRONG.
If you are in H1 and having a PD of xxx date and if you decide to switch to another company by transferring your H1 into different position, you can still carry your PD with you for the new position eventhough it is totally different position. This is my understanding. If this is true, you can go up the ladder ifyou are in h1. If you invoke EAD and use 485, you cannot do this.
Only other way to do this when you are in EAD is to switch back to H1. Again, you should have left some time in your original 6 years of H1 to do this.
It is purely upto you to decide what do u want. If u r planning to stick with the same company that has your H1B, then no need to pursue EAD option. But if you are planning to get out of your current company and pursue different opportunity, then you can use ur EAD.
No matter what the status(H1B or EAD) you are in, you need to be employed in the same position or a similar position as in your Labor Certification. If your Labor Certification says you are a Programmer you cant be a Project Mgr in EAD. Till you get your GC, you are compulsorily married to your profession and title.
If you are in H1 and having a PD of xxx date and if you decide to switch to another company by transferring your H1 into different position, you can still carry your PD with you for the new position eventhough it is totally different position. This is my understanding. If this is true, you can go up the ladder ifyou are in h1. If you invoke EAD and use 485, you cannot do this.
Only other way to do this when you are in EAD is to switch back to H1. Again, you should have left some time in your original 6 years of H1 to do this.
It is purely upto you to decide what do u want. If u r planning to stick with the same company that has your H1B, then no need to pursue EAD option. But if you are planning to get out of your current company and pursue different opportunity, then you can use ur EAD.
No matter what the status(H1B or EAD) you are in, you need to be employed in the same position or a similar position as in your Labor Certification. If your Labor Certification says you are a Programmer you cant be a Project Mgr in EAD. Till you get your GC, you are compulsorily married to your profession and title.
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nabs501
07-27 04:05 PM
I had filed FOIA request to USCIS requesting a copy of I140 approval notice. My I140 was approved after which I changed employer. I need I140 approval notice to keep my original priority date.
But after filing G639, I got a response back from USCIS saying the case has been sent to DoS for visa approval and that I should contact DoS directly regarding the case.
Also remember, G639 form is for FOIA request for USCIS only.
You need to file a letter to DoS (google "DOS + foia" and you would see format of the letter)
Other than this,I have also filed Form I824 (Action on approved petition) with $200 filing fees requesting I140 approval from USCIS. I guess looking at the processing time, I will have to wait for another 6 months before I hear back from USCIS
But after filing G639, I got a response back from USCIS saying the case has been sent to DoS for visa approval and that I should contact DoS directly regarding the case.
Also remember, G639 form is for FOIA request for USCIS only.
You need to file a letter to DoS (google "DOS + foia" and you would see format of the letter)
Other than this,I have also filed Form I824 (Action on approved petition) with $200 filing fees requesting I140 approval from USCIS. I guess looking at the processing time, I will have to wait for another 6 months before I hear back from USCIS
EADchallenged
07-27 04:17 PM
CIR is akin to churning the ocean and in an election year highly unlikely. Our best opportunity this year would be to get some retrogression relief in this bill. Filing for 485 gets some extra dollars for the ICE and at the same time does not add a single extra immigrant. Is this being pursued seriously?
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gcwait2007
12-06 06:43 PM
My brother chose to leave USA on his own, after working for 6 years, without applying GC. He was getting 120K here in USA. In India, he joined Oracle Corp and his salary is almost same (about Rs.55Lacs). Indian salaries are becoming excellent these days.
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newbee7
07-05 12:53 AM
Ombudsman had correctly predicted this fiasco back in June before the dates were made current:
There will be severe consequences from rapid fluctuations in priority dates. If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card. Additionally, DOL’s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications. As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates. Consequently, most applicants in this scenario will find themselves trapped where as they anticipated timely receipt of a green card, their wait exceeds seven or more years. In addition, all future employment-based green card applicants effectively would be barred from applying for many years.38
http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf
There will be severe consequences from rapid fluctuations in priority dates. If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card. Additionally, DOL’s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications. As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates. Consequently, most applicants in this scenario will find themselves trapped where as they anticipated timely receipt of a green card, their wait exceeds seven or more years. In addition, all future employment-based green card applicants effectively would be barred from applying for many years.38
http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf
kaisersose
08-29 09:22 PM
Un"un: Unknown :)
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milind70
06-09 02:24 PM
What is the InfoPass # to call. I'm in the same boat. PD: Dec 2003 EB2
GCMan,
No number to call for infopass, you have to book appointments thru the web. I havent taken infopass for a while but no telephone numbers.
GCMan,
No number to call for infopass, you have to book appointments thru the web. I havent taken infopass for a while but no telephone numbers.
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gcformeornot
12-31 07:36 PM
for wife and daughter. daughter is just 5 years old. Is it common?
My notices are still missing.......
My notices are still missing.......
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gonecrazyonh4
01-29 12:06 PM
Agreement Reached to Re-evaluate Rule Requiring Federal Contractors to Use E-Verify
Yesterday, the U.S. government agreed to delay until May 21, 2009, implementation of a new rule requiring federal contractors to use the federal government�s E-Verify employment eligibility system.
SHRM and other associations requested this extension after the president�s Chief of Staff, Rahm Emanuel, issued a memorandum to all agencies stating that agencies should consider extending the effective dates of all regulations that were published in the Federal Register but that have not yet taken effect.
While SHRM, the U.S. Chamber of Commerce, Associated Builders and Contractors, HR Policy Association, and the American Council on International Personnel still have a lawsuit pending against the government challenging the legality of the federal contractor mandate, this agreement suspends court proceedings in order to allow the Obama Administration an opportunity to review the rule.
Yesterday, the U.S. government agreed to delay until May 21, 2009, implementation of a new rule requiring federal contractors to use the federal government�s E-Verify employment eligibility system.
SHRM and other associations requested this extension after the president�s Chief of Staff, Rahm Emanuel, issued a memorandum to all agencies stating that agencies should consider extending the effective dates of all regulations that were published in the Federal Register but that have not yet taken effect.
While SHRM, the U.S. Chamber of Commerce, Associated Builders and Contractors, HR Policy Association, and the American Council on International Personnel still have a lawsuit pending against the government challenging the legality of the federal contractor mandate, this agreement suspends court proceedings in order to allow the Obama Administration an opportunity to review the rule.
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regacct
11-24 09:17 AM
Also the reason why Dream act is ahead of skilled immigration relief. Its all about votes !!!!
"Its all about votes" only comes after - my point was that the unity the latino community projects is the driving force.
"Its all about votes" only comes after - my point was that the unity the latino community projects is the driving force.
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martinvisalaw
06-04 10:09 AM
You really need to ask that question of a tax or employment law expert. It's not an immigration issue so it's not my area of expertise.
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kgwithnogc
05-08 01:48 PM
One of China'a growth/export strategy is (and was) always to attract Chineese enterprenuers who settled in the west, so that they can bring technology and market(links).
Now they want all the other chineese to come back, as it is more of country's requirement of quality work force of their own, it seems.
US will loose the edge slowly, if they don't act quickly in not only in retaining talented immigrants and need to do "lot" other things.
That is why it is called "Mother Land".
But in this story it looks like the locals are a little bit suspicious of returnees.
"Starting a company isn't an option for most of the 20-something haigui. Some end up unemployed and are known as haidai, "seaweed"." :(
Now they want all the other chineese to come back, as it is more of country's requirement of quality work force of their own, it seems.
US will loose the edge slowly, if they don't act quickly in not only in retaining talented immigrants and need to do "lot" other things.
That is why it is called "Mother Land".
But in this story it looks like the locals are a little bit suspicious of returnees.
"Starting a company isn't an option for most of the 20-something haigui. Some end up unemployed and are known as haidai, "seaweed"." :(
more...
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chalamurariusa
04-28 09:21 AM
sorry to be posting on this thread I am new to this and I genuinely tried to look to post a new thread but in vain.
We applied for our GC in aug 2007. Recd a RFE for I 693 Skin test for TB on april 16th 2009. We still hv to reply to the RFE.My elder son is over 21 and is on AOS and today on the online status we saw a message.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Document mailed to applicant.
On April 22, 2009 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
He too had recd the RFE for TB skin test. We are really worried as to what cld this mean. Has anyone ever recd a message like this. Please someone advise as to what it cld be
We applied for our GC in aug 2007. Recd a RFE for I 693 Skin test for TB on april 16th 2009. We still hv to reply to the RFE.My elder son is over 21 and is on AOS and today on the online status we saw a message.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Document mailed to applicant.
On April 22, 2009 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
He too had recd the RFE for TB skin test. We are really worried as to what cld this mean. Has anyone ever recd a message like this. Please someone advise as to what it cld be
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gotgc?
09-16 10:44 PM
I know a friend who faced exact situation you described here. His lawyer also answered the same way your lawyer replied. He is doing fine with the approved I-140 and the original I-485 (based on first I-140(eventually denied)). He was told USCIS automatically "consolidates the cases". His attorney did not send any request for consolidation or something like that. This happened about an year back and he successfully made an overseas trip and returned on AP. This makes me feel you are OK and your lawyer is correct.
Thanks a lot for all your responses...atleast it gives me some confidence with what happened in your friends case...My lawyer told me to wait until the I-140 denial notice details before doing anything...
Meanwhile, I want to check with you guys to see are there any way to verify that my AOS will continue to be active based on my approved I-140?
Would Infopass or calling USCIS Customer service center help?
Please let me know if you know of any other options?
Thanks again...
Thanks a lot for all your responses...atleast it gives me some confidence with what happened in your friends case...My lawyer told me to wait until the I-140 denial notice details before doing anything...
Meanwhile, I want to check with you guys to see are there any way to verify that my AOS will continue to be active based on my approved I-140?
Would Infopass or calling USCIS Customer service center help?
Please let me know if you know of any other options?
Thanks again...
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Sreenuuk
06-15 03:35 PM
No need to write "None"..just leave it blank. Thats what my attorney told.
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sku
09-11 03:52 PM
I opened SR on 8th Sept, But no LUD's yet
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yabadaba
06-22 11:27 AM
POLL: Where Will You File Your I-485
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lord_labaku
11-19 03:38 PM
I think this is a good idea. Most people here, coming from a computerized world, assume that everything in USCIS is automated. Its only partly true. Due to security reasons, preventing vulnerability, they still deal with mostly paper.
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lunatic
01-21 07:27 PM
^ Agreed. Possible to put them all on page somewhere for viewing? Can anyone host that for a week or so?
amitjoey
03-14 04:44 PM
How about a monthy subscription? Donate some money every month. Could be $100, $50 or even just $20
camilopino
01-08 03:34 PM
Is there any relation between biometrics and the final green card approval time?
I have got annecdotal info from several friends. With one exception (because of a name check process that has taken over two years!) most people receive the green card around three months after the biometrics.
Is that the case?
I have got annecdotal info from several friends. With one exception (because of a name check process that has taken over two years!) most people receive the green card around three months after the biometrics.
Is that the case?
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