I_need_GC
07-24 01:16 PM
But I have heard of instances where employers have used previously approved labor on new employees other than the person it was approved for?
You do not loose your priority date even if the old employer revokes the 140.
As long as there aren't be any provable fraud intentions involved, in the whole GC process with the old employer, the priority date remains with you.
-Morchu
You do not loose your priority date even if the old employer revokes the 140.
As long as there aren't be any provable fraud intentions involved, in the whole GC process with the old employer, the priority date remains with you.
-Morchu
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ganguteli
01-28 06:09 PM
http://en.wikipedia.org/wiki/List_of_Indian_Americans
Check our own Aman Kapoor listed
Check our own Aman Kapoor listed
ufo2002
05-31 11:11 AM
Asian,
I know what you mean... there is nothing to stop us from doing something else totally different from our job description once we become permanent residents.
That's just how the immigration law works... and I think it applies to all nations in the world. You can't say that you want to work as a carpenter when you filed your GC as an IT skilled worker (as an example). Like as previously mentioned, it would make the LCA stage pretty obsolete.
But I think it would be GREAT if we were all allowed to freely change employers (within the same industry of work) without being shackled by employer sponsorship. I am sure that would please everybody, except for the bosses of course.
I know what you mean... there is nothing to stop us from doing something else totally different from our job description once we become permanent residents.
That's just how the immigration law works... and I think it applies to all nations in the world. You can't say that you want to work as a carpenter when you filed your GC as an IT skilled worker (as an example). Like as previously mentioned, it would make the LCA stage pretty obsolete.
But I think it would be GREAT if we were all allowed to freely change employers (within the same industry of work) without being shackled by employer sponsorship. I am sure that would please everybody, except for the bosses of course.
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garybanz
10-27 01:04 PM
Hi All,
7 years of stay in the US and 3 green card applications later, I finally got the 485 approval e-mail.....aaahhha......there is light at the end of this long long tunnel after all.
However I did not get any FP notice yet! Do you know if Biometrics is a requirement for issuing the physical green card and also any idea how long it takes to get the card from this point of time.
following is the current status in the online status of my 485:
Post Decision Activity
On October 26, 2010, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.
For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.
7 years of stay in the US and 3 green card applications later, I finally got the 485 approval e-mail.....aaahhha......there is light at the end of this long long tunnel after all.
However I did not get any FP notice yet! Do you know if Biometrics is a requirement for issuing the physical green card and also any idea how long it takes to get the card from this point of time.
following is the current status in the online status of my 485:
Post Decision Activity
On October 26, 2010, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.
For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.
more...
iwantmygcnow
11-09 10:22 AM
This is exactly what happened to my case. My attorney sent the porting request three time with no success. He says USCIS is returning the request without giving any reason.
my2cents
10-12 03:41 PM
There is no timelimit on sick leave or maternity leave but there should be a reasoable time period.
As long as employee/employer relationship exists there should be no problem. but extending the leave beyond 6 month would be put some doubt on bonafide employment.
it's all about how your solid documentation about your extended vacation.
As long as employee/employer relationship exists there should be no problem. but extending the leave beyond 6 month would be put some doubt on bonafide employment.
it's all about how your solid documentation about your extended vacation.
more...
ek_akela
09-08 07:56 PM
When was your I-140 applied? I would assume revoking of 140 should be your only concern, since you already applied for 485, you don't need to bother about your status.Also apply fopr EAD based on proof that you applied for 485(Fedex # should be enough)
One thing I am not sure if not getting paid during 485 processing would have any impact on the case? Gurus, pls chip in..
One thing I am not sure if not getting paid during 485 processing would have any impact on the case? Gurus, pls chip in..
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pa_arora
07-02 12:09 PM
Read that again..they said it right..."All numbers available to these categories under the FY-2007 annual numerical limitation" have been made available.
SO to say they have made available whatever they had for 2007..and they are now out of it.
-p
===================
Effective Monday July 2, 2007 there will be no further authorizations inresponse to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation
have been made "available".=============
================================
I think they meant to put UNAVAILABLE there....
bastards dont know how to spell !!!
SO to say they have made available whatever they had for 2007..and they are now out of it.
-p
===================
Effective Monday July 2, 2007 there will be no further authorizations inresponse to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation
have been made "available".=============
================================
I think they meant to put UNAVAILABLE there....
bastards dont know how to spell !!!
more...
pappu
12-18 09:55 AM
Hi
My wife need to travel to india urgently. Our visa/I94 expired in Oct. We already applied 485 and is pending.
1) Will there be any issue at airpot as I94 is expired.A xerox copy of 485 receipt is sufficient.
2) Does she need to travel any path in this case( I heard thru London is issue if visa is expired.France/Amsterdam Etcc..)
Thanks in advance.
Sree
Do you have EAD and AP?
My wife need to travel to india urgently. Our visa/I94 expired in Oct. We already applied 485 and is pending.
1) Will there be any issue at airpot as I94 is expired.A xerox copy of 485 receipt is sufficient.
2) Does she need to travel any path in this case( I heard thru London is issue if visa is expired.France/Amsterdam Etcc..)
Thanks in advance.
Sree
Do you have EAD and AP?
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gmail
07-22 03:14 AM
Quoting the AC21 memo:
"Adjudicators SHOULD NOT PRESUME ABSENCE OF SUCH INTENT and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?
It is not withdrawn. I-140 was approved in April, 9 months after I-140/485 were filed. However the old employer would withdraw it if he knows. Most US employers don't have too much a clue of GC. He'd love to see me getting into trouble.
"Adjudicators SHOULD NOT PRESUME ABSENCE OF SUCH INTENT and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?
It is not withdrawn. I-140 was approved in April, 9 months after I-140/485 were filed. However the old employer would withdraw it if he knows. Most US employers don't have too much a clue of GC. He'd love to see me getting into trouble.
more...
Ann Ruben
01-11 07:16 AM
I reviewed the State of Washington's unemployment compensation website, and from what I can see you would be eligible for benefits as long as you were legally authorized to work for the last 24 months and continue to be authorized to accept new employment. You will be required to provide your A# and agree to allow the State of Washington to share your application information with other agencies such as the IRS (UC benefits are taxable).
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srkamath
08-06 04:52 PM
Friends, I Received the magic email today!
Yes - I cant believe my eyes, my I-485 has been approved today and card production ordered.
I do have a question: I could not file for my wife's i-485 in July/2007. So, we filed for my wife's application on Aug/01/2008 (Did a overnight express mail on July-31st) as my PD is current as of Aug-1st. So far her application check has not been deposited.
What will happen now? Is she out of status? I am getting really concerned. Gurus help me out?
Thanks in advance.
A green dot guaranteed for the response :)
Some details:
I-485 Receipt Date: July/2/2007
I-140 Approval Date: July/3/2006
PD: 02/02/2006
There is a follow to join provision, i'm not very sure about the details but, i believe that you can apply for her 485 before you get your's approved.
You might want to research this. Good luck.
Yes - I cant believe my eyes, my I-485 has been approved today and card production ordered.
I do have a question: I could not file for my wife's i-485 in July/2007. So, we filed for my wife's application on Aug/01/2008 (Did a overnight express mail on July-31st) as my PD is current as of Aug-1st. So far her application check has not been deposited.
What will happen now? Is she out of status? I am getting really concerned. Gurus help me out?
Thanks in advance.
A green dot guaranteed for the response :)
Some details:
I-485 Receipt Date: July/2/2007
I-140 Approval Date: July/3/2006
PD: 02/02/2006
There is a follow to join provision, i'm not very sure about the details but, i believe that you can apply for her 485 before you get your's approved.
You might want to research this. Good luck.
more...
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mayurcreation
01-13 01:37 PM
Thanks Raj for your reply.
- Can I file (EB2) I-140 amendment and ask USCIS for transferring EB3 PD to EB2 by providing EB3 I-140 receipt?
- Can I file my 485 with pending answer on I-140 amendment?
- Can I file (EB2) I-140 amendment and ask USCIS for transferring EB3 PD to EB2 by providing EB3 I-140 receipt?
- Can I file my 485 with pending answer on I-140 amendment?
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jiraprapaasa
04-13 11:47 AM
Did you 4 years old get a visa yet? How about your neice and nephew? The agent in Thailand called my niece mother and ask for money in order to prepare her paperwork for an interview. Do you think she should hire an agent there to make sure she got everything correctly.
I have no ideas about 12 years old going to the interview. Have no clue what kinds of question?
I have no ideas about 12 years old going to the interview. Have no clue what kinds of question?
more...
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ananth
10-31 04:51 PM
What I heard of is, OSC (office of the special counsel), Dept of justice will help in this kind of issues related to hiring or wrongful firing. Google for such dept and get help at free of cost.
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nk2
06-06 10:53 AM
If you are at office and can not call from your desk do the following
Please call in suppoirt of Cantwell Amendment
1. Print the phone numbers
2. Print the talking points
3. Take your cell phone and call from your Car in the parking lot
Make as many calls as you can squeeze in. No number is too small or too large
This is the do or die time for all of us.
Please call in suppoirt of Cantwell Amendment
1. Print the phone numbers
2. Print the talking points
3. Take your cell phone and call from your Car in the parking lot
Make as many calls as you can squeeze in. No number is too small or too large
This is the do or die time for all of us.
more...
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fatjoe
09-05 01:02 PM
I guess, if you attorney represented you thru' form G-28, then it goes your attr. If you have not sent G28, then you will get it directly. Guys, correct me if I'm wrong.
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cjagtap
10-14 07:40 PM
Hello,
I have a same question. I have my EAD but my h1b is expiring in decmber 07 which i am not planning to extend. So do I need to take my EAD and current employment letter to DMV along with tons of other documents to prove the residence status.
Please respond if anyone has done the same.
I have a same question. I have my EAD but my h1b is expiring in decmber 07 which i am not planning to extend. So do I need to take my EAD and current employment letter to DMV along with tons of other documents to prove the residence status.
Please respond if anyone has done the same.
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21stIcon
04-10 07:19 AM
I filed my conversion case two months ago, they have not withdrawn my BEC case yet since BEC had not sent 45 days letter so far and BEC could not locate my old case to verify with new case, so my conversion case dormant at PERM as well as old case @ BEC. no use of PERM conversion if you have not received 45 days letter, it may be helpful for who have received 45days letter and waiting for BEC decision.
Thx,
PD -->01/07/2004
RIR/TX
No 45 days letter yet
PERM Conversion filled on 02/07/06
Thx,
PD -->01/07/2004
RIR/TX
No 45 days letter yet
PERM Conversion filled on 02/07/06
girishvar
08-15 12:14 PM
Non-compete is based on a state law. Consult a Virginia employment attorney. Generally non-compete doesn't have teeth, because every one has got a right to work and practice your profession/make living.
GCNeophyte
09-17 01:47 PM
Buddy - on forum everyone will answer you what he thinks ths best and this is important thing for you. you should ask your lawyer.
short answer - i had been in your situation and what my laywer told me is this
doesnt matter EAD (expired or not) H1(valid or not), if you have valid AP and your 485 is pending you can enter USA on it. Date on I94 will indeed be expiry date of AP.
Secondly, you are all good to continue working on your H1b even after entering through AP.
this is just what my laywer said. you will hear more things but i would suggest again that check with your lawyer.
Good Luck !!
bank_king2003 was right on. you don't need EAD or H1, AP was issued on your pending I485, POE won't care but they will still verify (it typically takes around 60 - 90 mins), you need to wait Patiently in IO supervisor office @POE. My personal advice is don't act smart with IO in POE and give them excuses like i have connection flight to catch etc.,
short answer - i had been in your situation and what my laywer told me is this
doesnt matter EAD (expired or not) H1(valid or not), if you have valid AP and your 485 is pending you can enter USA on it. Date on I94 will indeed be expiry date of AP.
Secondly, you are all good to continue working on your H1b even after entering through AP.
this is just what my laywer said. you will hear more things but i would suggest again that check with your lawyer.
Good Luck !!
bank_king2003 was right on. you don't need EAD or H1, AP was issued on your pending I485, POE won't care but they will still verify (it typically takes around 60 - 90 mins), you need to wait Patiently in IO supervisor office @POE. My personal advice is don't act smart with IO in POE and give them excuses like i have connection flight to catch etc.,
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