ssharma
06-30 05:06 PM
Here is a memo from one of the law firms, I found on the net.
http://www.michaelpiston.net/documents/m/changing%20employer%20after%20I-485%20is%20approved.pdf
After digging thro' forums it seems everyone talks about having the "intention" of staying with the Employer after GC.
Here's my question.
- Should the "intention" be on the day of filing 485 or the day you get GC ? (a date in future that no one can predict).
If the "intention" has to be at the time of 485 filing then, after 180 days of filing 485 one should be able to change employers, irrespective of the case being approved or NOT.
thoughts/comments ??
http://www.michaelpiston.net/documents/m/changing%20employer%20after%20I-485%20is%20approved.pdf
After digging thro' forums it seems everyone talks about having the "intention" of staying with the Employer after GC.
Here's my question.
- Should the "intention" be on the day of filing 485 or the day you get GC ? (a date in future that no one can predict).
If the "intention" has to be at the time of 485 filing then, after 180 days of filing 485 one should be able to change employers, irrespective of the case being approved or NOT.
thoughts/comments ??
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newbie2020
04-29 03:48 PM
I came across this one very interesting read on how the Visa cutoff dates are established...
http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf
http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf
sunny1000
03-18 09:08 PM
I have sent the request for renewal of my and my wife's advance parole to the USCIS about 10 days back.
Following is the list of documents that I have sent, along with a fees of $360, online (each)
- Copy of the Confirmation Receipt notice.
- Copy of I-485 petition.
- Current Status of I-485: Case received and pending.
- Copy of I-94.
- Copy of current approved I-512L, authorization for Parole of an Alien Into the United States.
- Copy of Passport.
- Two photographs.
- Copy of Drivers License.
Do I need to send any fingerprinting document?
Is there anything else that I need to take care of related to this request for advance parole renewal?
I really appreciate your help in the matter. I got the receipt from USCIS.
I sent my EAD copy as well.
Following is the list of documents that I have sent, along with a fees of $360, online (each)
- Copy of the Confirmation Receipt notice.
- Copy of I-485 petition.
- Current Status of I-485: Case received and pending.
- Copy of I-94.
- Copy of current approved I-512L, authorization for Parole of an Alien Into the United States.
- Copy of Passport.
- Two photographs.
- Copy of Drivers License.
Do I need to send any fingerprinting document?
Is there anything else that I need to take care of related to this request for advance parole renewal?
I really appreciate your help in the matter. I got the receipt from USCIS.
I sent my EAD copy as well.
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smuggymba
10-06 12:00 AM
LOL. never heard of this. I guess it's still on.
more...
wandmaker
11-25 07:15 PM
clarify21: You can not have two status (ead & h1b) at the same time. Either your are on H1B or EAD (Pending AOS). If you would like to maintain the H1B status, for the part time job, you will have to ask your part time employer to do the new H1B; by having two H1Bs you can work for two employers the same time. By doing this, H1B and EAD both are valid. The moment you use EAD, your H1B status is invalid. Have a talk with your attorney. Hope this helps.
edaltsis
08-19 01:44 PM
Have to live at the mercy. My last 2 EAD renewals were very quick, I got them both in 10-15days after I applied.
more...
adhantari
06-16 03:26 PM
6 to 1...... maybe L1 guys don't visit this forum since they already got thier GCs....:rolleyes:
H1 loosers still hanging here.....
H1 loosers still hanging here.....
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martinvisalaw
07-30 01:13 PM
What new regulations are you referring to?
more...
st4rguitar
08-22 12:11 AM
No. Once it has expired, it has expired. The DOL implemented the 180 day rule in July 2007, and since then, all cases have been subjected to it. I have not heard of any exceptions to this rule.
Hello,
I am from India. My employer had applied for PERM EB2 labor while my old EB3 labor was still pending. My EB3 labor, with priority date of MAR 2005, was approved before July fiasco and I was able to apply for 485/EAD/AP/etc.
Last August (2007), my PERM labor was approved too; I had the chance to file a new I140 and request interfiling with my existing 485 application. But my lawyer suggested me not file a new I140 and we let the approved EB2 labor expire.
Now, I am having second thoughts, as I did then. Is there any way I can use the old expired labor (> 180 days after approval). I know I cannot use it directly to file I140, but are there any ancillary benefits of having an approved, albeit expired labor? I am thinking of either checking with my employer if they can file a new EB2 PERM labor if I qualify, or switching my jobs.
Thanks.
Hello,
I am from India. My employer had applied for PERM EB2 labor while my old EB3 labor was still pending. My EB3 labor, with priority date of MAR 2005, was approved before July fiasco and I was able to apply for 485/EAD/AP/etc.
Last August (2007), my PERM labor was approved too; I had the chance to file a new I140 and request interfiling with my existing 485 application. But my lawyer suggested me not file a new I140 and we let the approved EB2 labor expire.
Now, I am having second thoughts, as I did then. Is there any way I can use the old expired labor (> 180 days after approval). I know I cannot use it directly to file I140, but are there any ancillary benefits of having an approved, albeit expired labor? I am thinking of either checking with my employer if they can file a new EB2 PERM labor if I qualify, or switching my jobs.
Thanks.
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amoljak
03-06 11:49 PM
Get a "good" lawyer. Someone who knows which tax documents to submit, where you and your wife needs to sign and someone who checks your forms before sending them to USCIS.
If you post your location here you will get good references.
If you post your location here you will get good references.
more...
sanjose16
02-24 10:53 AM
I would appreciate if any one can answer my question
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sac-r-ten
05-27 07:49 AM
Is there a option of adopting here in US for EAD or H1B?
thank you.
thank you.
more...
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veda
07-29 02:44 PM
Is it right?I am working on EAD, if it doesnt come in time any ideas about the FAX # which you need to send your request? I have already opened an expedite request for my EAD by calling USCIS customer service, I just need the fax # and the cover letter format. I heard that even if you take an info pass appointment, they dont issue an interim EAD , is that correct?
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mailmy_gc
05-19 03:33 PM
hi
I think these days especially (Nebraska service center) is looking for every possible to give RFE. RFE Looks like not complicated but you need to explain in detail every item.
Hope some senior members or attorney will help you.
All the best -
I think these days especially (Nebraska service center) is looking for every possible to give RFE. RFE Looks like not complicated but you need to explain in detail every item.
Hope some senior members or attorney will help you.
All the best -
more...
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Blog Feeds
12-18 03:40 PM
As a California immigration lawyer who files many asylum cases, I am used to thinking of a the United States as a place of refuge and to documenting the horrible country conditions of other countries. I have successfully represented applicants for asylum who feared staying in their countries because while serving in their countries' armies, they were harmed on account of their sexual orientation.
It is therefore rather surprising to come across a story of a U.S.soldier who is fleeing to Canada (http://www.cbc.ca/canada/story/2009/11/20/refugee-board-soldier-lesbian.html) because she fears harm in the U.S. Army on account of her sexual orientation. According to CBC news, U.S. Army Pte. Bethany Smith fled Canada in September 2007 from a U.S. Army base in Fort Campbell, Ky. She applied for refugee status in October 2007, saying that she was harassed and threatened by fellow soldiers over her sexual orientation and feared that her life would be in danger if she were deported and returned to the army. The Canadian authorities initially rejected in her claim in February 2009. However, on appeal, the Federal Court of Canada held that the refugee board must reconsider the case again because the Board made several mistakes in initially reviewing her claim.
The Federal Court's decision (http://www.californiaimmigrationlawyerblog.com/Smith%20and%20the%20Minister%20of%20Citizenship%20 and%20Immigration.pdf)noted that the refugee board failed to fully consider the evidence pertaining to the situation of gays and lesbians in the U.S. Army to determine whether Pte. Smith could have availed herself of protection in the United States. The Federal Court also noted that the Board failed to determine whether Pte. Smith would be persecuted on account of her social group - as a lesbian in the U.S. Army if forced to return. There were other errors mentioned in the decision.
It is sad that the U.S. policy of "Don't Ask, Don't Tell," is the basis of an asylum claim in Canada. Pt. Smith was only 19 years old when she fled to Canada. From everything I read, it appears that she wanted to serve in the U.S. Army and no real desire to leave the United States. At a time when we apparently need people to serve in the Armed Forces and in fact give non-citizens a way to immigrate to the United States faster for their service, it seems ridiculous that an American citizen should have to leave. It it is time to eliminate the "Don't Ask, Don't Tell" policy.
More... (http://www.californiaimmigrationlawyerblog.com/2009/11/us_army_soldier_applies_for_as.html)
It is therefore rather surprising to come across a story of a U.S.soldier who is fleeing to Canada (http://www.cbc.ca/canada/story/2009/11/20/refugee-board-soldier-lesbian.html) because she fears harm in the U.S. Army on account of her sexual orientation. According to CBC news, U.S. Army Pte. Bethany Smith fled Canada in September 2007 from a U.S. Army base in Fort Campbell, Ky. She applied for refugee status in October 2007, saying that she was harassed and threatened by fellow soldiers over her sexual orientation and feared that her life would be in danger if she were deported and returned to the army. The Canadian authorities initially rejected in her claim in February 2009. However, on appeal, the Federal Court of Canada held that the refugee board must reconsider the case again because the Board made several mistakes in initially reviewing her claim.
The Federal Court's decision (http://www.californiaimmigrationlawyerblog.com/Smith%20and%20the%20Minister%20of%20Citizenship%20 and%20Immigration.pdf)noted that the refugee board failed to fully consider the evidence pertaining to the situation of gays and lesbians in the U.S. Army to determine whether Pte. Smith could have availed herself of protection in the United States. The Federal Court also noted that the Board failed to determine whether Pte. Smith would be persecuted on account of her social group - as a lesbian in the U.S. Army if forced to return. There were other errors mentioned in the decision.
It is sad that the U.S. policy of "Don't Ask, Don't Tell," is the basis of an asylum claim in Canada. Pt. Smith was only 19 years old when she fled to Canada. From everything I read, it appears that she wanted to serve in the U.S. Army and no real desire to leave the United States. At a time when we apparently need people to serve in the Armed Forces and in fact give non-citizens a way to immigrate to the United States faster for their service, it seems ridiculous that an American citizen should have to leave. It it is time to eliminate the "Don't Ask, Don't Tell" policy.
More... (http://www.californiaimmigrationlawyerblog.com/2009/11/us_army_soldier_applies_for_as.html)
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keyboard2pc
06-12 12:54 PM
Hi
I completed my 6th year H1B in April 2010 and am currently on a 7th year extension based on a pending PERM application with my current employer.
I am currently considering taking an offer from a new employer who is willing to process my H1b transfer and my question is:
1) Is it possible to transfer a 7th year extension to a new employer given that PERM will still be pending?
2) If yes, will I need to give them any evidence regarding the pending PERM as I don't have any document on it except the receipt number from DOL.
3) My current H1b expiration date is in April 2011. If the new employer files for an H1b transfer in July 2010, will I get the same H1b expiration date or a new one (i.e. July 2011)?
This is important in my case because my wife who is currently a LPR will be eligible to become a US Citizen in June 2011 and I will likely not need to go through the PERM process.
Any advice on the above will help a lot.
Thank you!!!!!
I completed my 6th year H1B in April 2010 and am currently on a 7th year extension based on a pending PERM application with my current employer.
I am currently considering taking an offer from a new employer who is willing to process my H1b transfer and my question is:
1) Is it possible to transfer a 7th year extension to a new employer given that PERM will still be pending?
2) If yes, will I need to give them any evidence regarding the pending PERM as I don't have any document on it except the receipt number from DOL.
3) My current H1b expiration date is in April 2011. If the new employer files for an H1b transfer in July 2010, will I get the same H1b expiration date or a new one (i.e. July 2011)?
This is important in my case because my wife who is currently a LPR will be eligible to become a US Citizen in June 2011 and I will likely not need to go through the PERM process.
Any advice on the above will help a lot.
Thank you!!!!!
more...
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zico123
05-17 11:02 AM
BBC news article: http://news.bbc.co.uk/2/hi/business/6665913.stm
A diplomatic row is brewing between the US and India over how companies issue temporary working visas to staff.
.....
Mr Nath {Indian commerce minister Kamal Nath} says that he is concerned that the US authorities want to reduce the number of temporary working visas issued each year.
A diplomatic row is brewing between the US and India over how companies issue temporary working visas to staff.
.....
Mr Nath {Indian commerce minister Kamal Nath} says that he is concerned that the US authorities want to reduce the number of temporary working visas issued each year.
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onemorecame
01-02 10:46 AM
H1B LUDs may be due to PIMS data collection, I heard most of the H1Bs approved after Jan 2004 had LUDs and the status did not change; and 140 could be a regular system touch.
PIMS???
I got Soft LUD on all H1 and i-140 few weeks back. and last week i got Soft LUD I-485 its sec soft LUD on I-485
Please let me know why second time its happen and what is PIMS?
PIMS???
I got Soft LUD on all H1 and i-140 few weeks back. and last week i got Soft LUD I-485 its sec soft LUD on I-485
Please let me know why second time its happen and what is PIMS?
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Green Card Aspirant
05-01 12:02 AM
As your H1 B expires on Sep 2009 , it is good to apply for your H1 B extension with the current employer as you have a valid client. Request your client to provide a supporting document/letter for your extension . If the client needs to hire you, you could transfer after the extension. Use the client reference to get your extension as soon as possible.
tonyHK12
03-21 01:45 PM
Hi Friends
After clicking on donate link.. I found that,, minimum contribution through paypal/credit/debit card is 100$..
Can I donate 50$ as one time contribution by writing check on IV name and post it through USPS?
Please do not scold me for deciding to donate this much small amount.. My budget supports this much only at this moment.
Rav
Thanks you. The minimum donation online is $50. Yo have to scroll down for one time contributions, below to the 6th or 7th one in the dropdown.
After clicking on donate link.. I found that,, minimum contribution through paypal/credit/debit card is 100$..
Can I donate 50$ as one time contribution by writing check on IV name and post it through USPS?
Please do not scold me for deciding to donate this much small amount.. My budget supports this much only at this moment.
Rav
Thanks you. The minimum donation online is $50. Yo have to scroll down for one time contributions, below to the 6th or 7th one in the dropdown.
sreekanth
09-18 11:25 AM
Dear Friends,
My PD (EB3)is Dec-02. I have gone for Finger Printing twice now.
I see lot of reference to '45 Day letter' in the forum . I have no recollection of receiving the '45 Day ' letter so far.
Am I missing something here?
Can any one of you please explain what this letter is about?
Thanks,
Sreekanth
My PD (EB3)is Dec-02. I have gone for Finger Printing twice now.
I see lot of reference to '45 Day letter' in the forum . I have no recollection of receiving the '45 Day ' letter so far.
Am I missing something here?
Can any one of you please explain what this letter is about?
Thanks,
Sreekanth
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