edifier
07-23 07:40 PM
I am working for company A under H1-B visa and my PERM was approved early this year and my I-140 (EB2) is pending. I summitted I-485 last week since the PD is current again. Almost the same time, I moved to another department in the same company because of company reconstruction. The job seems to be having different requirements(>50% difference). I have a couple of questions:
1. Within how long I need to inform my company lawyer and then USCIS that my job changed within the same company?
2. What are the concequences if I do not inform my company laywer about my job change? Will USCIS know this in the future and deny my I-140 and I-485?
3. Will my pending I-140 get denied since my job requirement changed (if my company lawyer inform USICS)?
4. What are the possible outcomes for my I-485 under this job change situation?
5. Is that possible that I just stay there as nothing happened and wait for USCIS response to my I-140 and I-485?
6. What can be done in order to avoid a new PERM and new I-140? I really don't want to start all over again since who knows what the PD will be after Oct. this year...
1. Within how long I need to inform my company lawyer and then USCIS that my job changed within the same company?
2. What are the concequences if I do not inform my company laywer about my job change? Will USCIS know this in the future and deny my I-140 and I-485?
3. Will my pending I-140 get denied since my job requirement changed (if my company lawyer inform USICS)?
4. What are the possible outcomes for my I-485 under this job change situation?
5. Is that possible that I just stay there as nothing happened and wait for USCIS response to my I-140 and I-485?
6. What can be done in order to avoid a new PERM and new I-140? I really don't want to start all over again since who knows what the PD will be after Oct. this year...
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zulo1715
10-20 05:44 PM
The problem might occur when you file for citizenship, you have to justify why you dint work after getting the GC. However it is not written in stone that if you dont work for your petitioning company the officer will deny your citizenship or revoke your GC. They will look at the totality of the circumstances, since you worked for the petitioner for some time, they may not make a determination that the job offer was speculative, you have to show that you had every intention of working for them and the company had every intention of hiring you, maybe they can give a letter stating that they continue to market you and will re-hire as soon as the economy imporves. If your company finds a project for you, you should continue to work for them. Or you could have done AC-21 after the I-140 was approved and before the I-485 was approved.
Thank you Prashanthi for your reply.
I have a letter (it's in email format) that shows my lay-off is because of "lack of work". However, this letter is for the time before my GC was approved. I suppose that I need to get a letter from the company dated sometime after my GC approval date in order to present that in the time my citizenship process to justify that the job offer was not speculative; right?
That might also possible to get a letter from the company that shows they are willing to hire me in case there's a new project; thanks for your comment on this.
Thank you Prashanthi for your reply.
I have a letter (it's in email format) that shows my lay-off is because of "lack of work". However, this letter is for the time before my GC was approved. I suppose that I need to get a letter from the company dated sometime after my GC approval date in order to present that in the time my citizenship process to justify that the job offer was not speculative; right?
That might also possible to get a letter from the company that shows they are willing to hire me in case there's a new project; thanks for your comment on this.
tjayant
09-01 02:52 PM
this is a humours thread we should have more like this thread than the GC stuff who cares
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venky08
11-02 11:17 PM
time is running out...looks like they will keep on playing this game till the elections...unless the media kicks in and starts painting the negative picture about the plight of employment based immigration. currently its only is dominant in newspapers etc. the visual media is still dominated by likes of Dobbs.
one thing what we can do is start writing emails to the ombudsman cisombudsman@dhs.gov
i think everybody shall start telling their stories and give the ombudsman a bulleted list about what needs to happen to fix the broken system...just a thought...it may have a chance of better visibility.
i may be too naive but nevertheless why miss the opportunity to spread the word around...
one thing what we can do is start writing emails to the ombudsman cisombudsman@dhs.gov
i think everybody shall start telling their stories and give the ombudsman a bulleted list about what needs to happen to fix the broken system...just a thought...it may have a chance of better visibility.
i may be too naive but nevertheless why miss the opportunity to spread the word around...
more...
whitecollarslave
03-31 02:41 PM
I have transfered or renewed H-1 multiple times. Never had a situation where an employer will not provide the salary slip. Who is your employer?
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September 4th, 2006, 07:50 PM
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Ramba
05-04 06:35 PM
thanks, thats a nice and sensible explanation. Thats true long absense can effect adversly, if some one is on h1.
In most cases, if employer thinks that the employee will retrun to USA after 5 or 6 months and resumes the work, they usually won't revoke H1B. Therefore, you can come back after 5 or 6 months, if H1B approval and visa is still vaild. The key is, you should not be in US payroll and earn US salary while working in India. This will be the violation of LCA.
In most cases, if employer thinks that the employee will retrun to USA after 5 or 6 months and resumes the work, they usually won't revoke H1B. Therefore, you can come back after 5 or 6 months, if H1B approval and visa is still vaild. The key is, you should not be in US payroll and earn US salary while working in India. This will be the violation of LCA.
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Madhuri
08-30 08:04 PM
But if somebody wants to be in Canada for citizenship he has to stay there at least 3 years. After this period if he gets a fresh H1 for the same company and assuming that hsi PD is current, I am wondering if he can still file I-485 based on I-140 approved 3 years ago?
It is an interesting question i am also worried about. I was told by my company attorney that i need to file I-140 asap as USCIS is in process of changing how long you can wait with approved LC before filing I-140. Once you have I-140 approved, basically you can come back to the US on an H-1 to work for the company (you will need a new h-1, even if you have a 3 yr. extension based on approved I-140). Then if and when the priority dates become current you should be able to file for I-485
It is an interesting question i am also worried about. I was told by my company attorney that i need to file I-140 asap as USCIS is in process of changing how long you can wait with approved LC before filing I-140. Once you have I-140 approved, basically you can come back to the US on an H-1 to work for the company (you will need a new h-1, even if you have a 3 yr. extension based on approved I-140). Then if and when the priority dates become current you should be able to file for I-485
more...
gcisadawg
12-17 11:35 AM
What a lousy and pathetic system it is , the so called USCIS. I mean they want ppl to wait for a decade to follow all the rules legally to get GC.
And so is the congress/senate. It seems they are bent upon not giving GC, just dragging it from one recession to the other. :mad:
The way things are going, I wont be surprised if the backlog crosses the double digit! 7 years and 2 months and counting...:(
And so is the congress/senate. It seems they are bent upon not giving GC, just dragging it from one recession to the other. :mad:
The way things are going, I wont be surprised if the backlog crosses the double digit! 7 years and 2 months and counting...:(
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cygent
07-03 07:24 PM
I wanted to share this with all of you. This is my attorney & friends (who is American) thoughtful response to a thread below :-
************************************************** *********
Donna:
What is the source of your facts about immigrants?? Immigrants also pay A LOT into the
system
MOST "IMMIGRANTS" AS YOU SO LOVINGLY CALL US, ARE LAWFULLY IN
THE UNITED STATES (BELIEVE IT OR NOT!!!) AND THEY ALL WORK A LOT
HARDER THAN MANY AMERICANS ARE WILLING TO WORK!!!!
MANY MANY THOUSANDS OF DOLLARS ARE PAID INTO THE SYSTEM BY
THEM EACH YEAR. THOSE HERE ILLEGALLY NEVER HAD, AND NEVER WILL
HAVE THE RIGHT, TO GET ANY OF THE MONEY BADK - EVEN WHEN THEY
HAVE REFUNDS DUE THEM. THE IRS JUST K E E P S IT F O R E V E R AND
IT, HOPEFULLY, GOES TO AMERICANS WHO ARE NOT IMMIGRANTS!!!
GREEN CARD HOLDERS (ALSO "IMMIGRANTS") HAVE WORKED HARDER THAN
AMERICANS DO - AS I MENTIONED AND THEY ARE CLEARLY ENTITLED TO GET
THE BENEFITS THEY HAVE EARNED.
DO YOU FOR ONE MOMENT THINK THAT THE SSA WILL GIVE THE ILLEGAL
IMMIGRANT ANY SOCIAL SECURITY?!!????
NEVER HAPPEN - NEVER HAS HAPPENED!!!! IF THEY FALSIFY INFO TO ANY
GOVERNMENT AGENCY - THEY WILL NECESSARILY GET CAUGHT GO STRAIGHT
TO FEDERAL PRISON FOR AT LEAST 2 YEARS AND THEN GET DEPORED. THIS HAS
BEEN THE LAW FOR DECADES AND IT IS ENFORCED!!!!
EVEN THE LEGAL IMMIGRANTS HAVE TO BE CAREFUL ABOUT GETTING THE
SSA THAT IS DUE THEM. THEY GET CHEATED BY THE SSA EVEN MORE THAN
US CITIZENS DO IN THE NORMAL COURSE OF SSA DAILY STEALING OPERATIONS
- IF THEY LEAVE THE COUNTRY FOR TOO LONG (FOR EXAMPLE IF A PARENT GETS
SICK AND THEY HAVE TO GO AND TAKE CARE) THEY JUST L O O S E ALL
THEIR BENEFITS PERMANENTLY - EVEN THOUGH THEY MAY HAVE BEEN BEEN
HERE AND WORKED FOR MORE YEARS THAN MOST AMERICANS DO. THIS
KIND OF DISCRIMINATORY CONDUCT BY GOVERNMENT AGAINST LAWEUL
PERMANENT RESIDENTS HAVE CONSISTENTLY BEEN HELD TO BE CONSTITUTIONAL
BY THE SUPREME COURT EVEN EVEN THOUGH IT IS CLEARLY UNFAIR. THESE
BENEFITS CAN BE REFUSED VERY EASILY FOR THE LEGAL RESIDENTS WHO
WORKED HAS DOUBLE AND TRIPLE JOBS FOR FIFTY OR MORE YEARS.
WHO BENEFITS FROM THIS? YOU GIVE THE ANSWER!!!
LIGHTEN UP AND LEARN THE REAL FACTS.
ALL IMMIGRANTS ARE NOT ILLEGAL. IN FACT, MOST IMMIGRANTS ARE
LEGAL AND WORK THREE AND FOUR JOBS - DO YOU WANT TO WORK SO
HARD?? HE..- NO!!!!!
PASS THIS ON TO ALL THE PEOPLE YOU KNOW SO THAT THEY CAN BE
EDUCATED ABOUT ANOTHER MORE FACTUAL ASPECT OF THE MATTER.
THANK YOU, DONNA.
xoxoxo
----- Original Message -----
From: Donna xoxoxo
To: xoxoxo@yahoo.com
Sent: 7/2/2009 5:16:27 PM
Subject: Social Security Insult
This is an insult and a kick in the butt to all of us...
Get mad and pass it on - I don't know how, but maybe some good
will come of this travesty.
If the immigrant is over 65, they can apply for SSI and Medicaid and get
more than a woman on Social Security, who worked from 1944 until 2004.
She is only getting $791 per month because she was born in 1924 and
there's a 'catch 22'.
It is interesting that the federal government provides a single refugee
with a monthly allowance of $1,890. Each can also obtain an
additional $580 in social assistance, for a total of $2,470 a month.
This compares to a single pensioner, who after contributing to
the growth and development of America for 40 to 50 years, can only
receive a monthly maximum of $1,012 in old age pension and
Guaranteed Income Supplement.
Maybe our pensioners should apply as refugees!
Consider sending this to all your American friends, so we can all be
ticked off and maybe get the refugees cut back to $1,012 and the
pensioners up to $2,470. Then we can enjoy some of the money we were
forced to submit to the Government over the last 40 or 50 or 60 years.
Please forward to every American to expose what our elected politicians
have been doing over the past 11 years - to the over-taxed American.
SEND THIS TO EVERY AMERICAN TAXPAYER YOU KNOW
************************************************** *********
Donna:
What is the source of your facts about immigrants?? Immigrants also pay A LOT into the
system
MOST "IMMIGRANTS" AS YOU SO LOVINGLY CALL US, ARE LAWFULLY IN
THE UNITED STATES (BELIEVE IT OR NOT!!!) AND THEY ALL WORK A LOT
HARDER THAN MANY AMERICANS ARE WILLING TO WORK!!!!
MANY MANY THOUSANDS OF DOLLARS ARE PAID INTO THE SYSTEM BY
THEM EACH YEAR. THOSE HERE ILLEGALLY NEVER HAD, AND NEVER WILL
HAVE THE RIGHT, TO GET ANY OF THE MONEY BADK - EVEN WHEN THEY
HAVE REFUNDS DUE THEM. THE IRS JUST K E E P S IT F O R E V E R AND
IT, HOPEFULLY, GOES TO AMERICANS WHO ARE NOT IMMIGRANTS!!!
GREEN CARD HOLDERS (ALSO "IMMIGRANTS") HAVE WORKED HARDER THAN
AMERICANS DO - AS I MENTIONED AND THEY ARE CLEARLY ENTITLED TO GET
THE BENEFITS THEY HAVE EARNED.
DO YOU FOR ONE MOMENT THINK THAT THE SSA WILL GIVE THE ILLEGAL
IMMIGRANT ANY SOCIAL SECURITY?!!????
NEVER HAPPEN - NEVER HAS HAPPENED!!!! IF THEY FALSIFY INFO TO ANY
GOVERNMENT AGENCY - THEY WILL NECESSARILY GET CAUGHT GO STRAIGHT
TO FEDERAL PRISON FOR AT LEAST 2 YEARS AND THEN GET DEPORED. THIS HAS
BEEN THE LAW FOR DECADES AND IT IS ENFORCED!!!!
EVEN THE LEGAL IMMIGRANTS HAVE TO BE CAREFUL ABOUT GETTING THE
SSA THAT IS DUE THEM. THEY GET CHEATED BY THE SSA EVEN MORE THAN
US CITIZENS DO IN THE NORMAL COURSE OF SSA DAILY STEALING OPERATIONS
- IF THEY LEAVE THE COUNTRY FOR TOO LONG (FOR EXAMPLE IF A PARENT GETS
SICK AND THEY HAVE TO GO AND TAKE CARE) THEY JUST L O O S E ALL
THEIR BENEFITS PERMANENTLY - EVEN THOUGH THEY MAY HAVE BEEN BEEN
HERE AND WORKED FOR MORE YEARS THAN MOST AMERICANS DO. THIS
KIND OF DISCRIMINATORY CONDUCT BY GOVERNMENT AGAINST LAWEUL
PERMANENT RESIDENTS HAVE CONSISTENTLY BEEN HELD TO BE CONSTITUTIONAL
BY THE SUPREME COURT EVEN EVEN THOUGH IT IS CLEARLY UNFAIR. THESE
BENEFITS CAN BE REFUSED VERY EASILY FOR THE LEGAL RESIDENTS WHO
WORKED HAS DOUBLE AND TRIPLE JOBS FOR FIFTY OR MORE YEARS.
WHO BENEFITS FROM THIS? YOU GIVE THE ANSWER!!!
LIGHTEN UP AND LEARN THE REAL FACTS.
ALL IMMIGRANTS ARE NOT ILLEGAL. IN FACT, MOST IMMIGRANTS ARE
LEGAL AND WORK THREE AND FOUR JOBS - DO YOU WANT TO WORK SO
HARD?? HE..- NO!!!!!
PASS THIS ON TO ALL THE PEOPLE YOU KNOW SO THAT THEY CAN BE
EDUCATED ABOUT ANOTHER MORE FACTUAL ASPECT OF THE MATTER.
THANK YOU, DONNA.
xoxoxo
----- Original Message -----
From: Donna xoxoxo
To: xoxoxo@yahoo.com
Sent: 7/2/2009 5:16:27 PM
Subject: Social Security Insult
This is an insult and a kick in the butt to all of us...
Get mad and pass it on - I don't know how, but maybe some good
will come of this travesty.
If the immigrant is over 65, they can apply for SSI and Medicaid and get
more than a woman on Social Security, who worked from 1944 until 2004.
She is only getting $791 per month because she was born in 1924 and
there's a 'catch 22'.
It is interesting that the federal government provides a single refugee
with a monthly allowance of $1,890. Each can also obtain an
additional $580 in social assistance, for a total of $2,470 a month.
This compares to a single pensioner, who after contributing to
the growth and development of America for 40 to 50 years, can only
receive a monthly maximum of $1,012 in old age pension and
Guaranteed Income Supplement.
Maybe our pensioners should apply as refugees!
Consider sending this to all your American friends, so we can all be
ticked off and maybe get the refugees cut back to $1,012 and the
pensioners up to $2,470. Then we can enjoy some of the money we were
forced to submit to the Government over the last 40 or 50 or 60 years.
Please forward to every American to expose what our elected politicians
have been doing over the past 11 years - to the over-taxed American.
SEND THIS TO EVERY AMERICAN TAXPAYER YOU KNOW
more...
Immi_Chant
07-28 05:01 PM
Thanks roseball and kriskris for your responses.
-Immi_Chant
-Immi_Chant
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nagio
01-08 07:40 AM
Did you try the counter passport collection option?
https://www.vfs-usa.co.in/ApplnForms/CourierSystem.aspx
https://www.vfs-usa.co.in/ApplnForms/CourierSystem.aspx
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inskrish
04-18 11:40 AM
Hello,
I am July 2nd 2007 AOS filer. My AOS application (including dependants') was received by USCIS mailroom on July 2nd 2007 at 10.20 am (according to FedEx Tracker), but the I-485 Receipt Date is Aug. 8th, 2007, and Notice Date is Oct 2nd, 2007. (USCIS took almost a month to enter our cases in their system). Now, USICS has sent rejection notices that our PD is not current in Aug.2007. Our cases are EB2, and PD is 05/2004, and PD was current in July.2007, as most of the July.2007 filers might know. The denial notice also has I-290B for us to file Appeal or Motion. I have contacted my law firm also. I remember seeing a similar thread, but couldn't find it now. I appreciate your suggestions and guidance. I have also sent a private message to Pappu, asking IV's help on this matter.
Thanks in advance.
I am July 2nd 2007 AOS filer. My AOS application (including dependants') was received by USCIS mailroom on July 2nd 2007 at 10.20 am (according to FedEx Tracker), but the I-485 Receipt Date is Aug. 8th, 2007, and Notice Date is Oct 2nd, 2007. (USCIS took almost a month to enter our cases in their system). Now, USICS has sent rejection notices that our PD is not current in Aug.2007. Our cases are EB2, and PD is 05/2004, and PD was current in July.2007, as most of the July.2007 filers might know. The denial notice also has I-290B for us to file Appeal or Motion. I have contacted my law firm also. I remember seeing a similar thread, but couldn't find it now. I appreciate your suggestions and guidance. I have also sent a private message to Pappu, asking IV's help on this matter.
Thanks in advance.
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Munna Bhai
10-18 04:23 PM
Can someone please post all the documents required for filing AC21 ?
You don't need any document to invoke AC21, if you are on H1b, do the H1b transfer based on I-485 receipt and if you are using EAD, just go and join other company.
You will receive RFE, at that time you need to show that you have paystub,experience letter etc and you have used AC21(180 days pending).
You don't need any document to invoke AC21, if you are on H1b, do the H1b transfer based on I-485 receipt and if you are using EAD, just go and join other company.
You will receive RFE, at that time you need to show that you have paystub,experience letter etc and you have used AC21(180 days pending).
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01-20 02:48 PM
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rck4evr
09-18 10:57 AM
My Adavance parole is also lost. It was approved on August 18th and I still havent recieved it. I called the USCIS and they said I have to reapply. Did the SR work for anyone ?
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arc
10-26 12:44 PM
Mrane and Lramni
Does one have to fight the "first tier" the security guard and then one can get in? Is it very difficult? I am trying to go 1 week earlier!!!
I you say you are out of town on appt date do they ask for a proof?
Does one have to fight the "first tier" the security guard and then one can get in? Is it very difficult? I am trying to go 1 week earlier!!!
I you say you are out of town on appt date do they ask for a proof?
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praveenat11
10-08 05:05 PM
Are the dates current for I-485 filing?
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Ramba
03-25 01:33 PM
Genereic faxes requesting to remove hard country quota may not yield the desired result. It is very important to request any senater who is willing to help or undertand the issue. It should be done thro lobbying and explining him/her in person why it is important to the eliminate country quota, hard country quota increase the baklog instead of reducing it. He/She should to bring an amendment to the bills(Frist/Specter) to bring back the AC21 provision. Then we will get the success.
I hope IV will take care of this situation.
I hope IV will take care of this situation.
sundarpn
06-30 04:04 PM
eb3retro,
Did u change employers on EAD? or H1b transfer?
Also when you renewed EAD & AP:
1. Did you do it yourself? or did u have your new employer do it?
2. Did u get any RFE's when you renewed your EAD/AP well after you switched employers. (I assume you changed addresses in this process).
thx
Did u change employers on EAD? or H1b transfer?
Also when you renewed EAD & AP:
1. Did you do it yourself? or did u have your new employer do it?
2. Did u get any RFE's when you renewed your EAD/AP well after you switched employers. (I assume you changed addresses in this process).
thx
Vel
01-21 01:36 AM
Hello Friends,
Current Situation:
-I am on my 10th years in USA and started using my EAD 1 year before
-My Employer A filed my green card labor in March 2005 and got approved (so my PD is 03/2005)
-I485 pending for more than 2 years (so I am beyond 180 days limit)
-I140 is approved.
-I have been working with them (Employer A) till Jan, 2010 (3 years on H1B and 1 year on EAD)
Now I am getting a good offer with senior role plus pay (30% more) from Employer B and I would like to take it.
1) If my Employer A continued to process my GC and confirmed that they will support till I get my GC. Do I still need to use the AC21 portability to work for the new Employer B?
2) Or should be a safer side to use the AC21?
Thanks for your help on this
Vel
Current Situation:
-I am on my 10th years in USA and started using my EAD 1 year before
-My Employer A filed my green card labor in March 2005 and got approved (so my PD is 03/2005)
-I485 pending for more than 2 years (so I am beyond 180 days limit)
-I140 is approved.
-I have been working with them (Employer A) till Jan, 2010 (3 years on H1B and 1 year on EAD)
Now I am getting a good offer with senior role plus pay (30% more) from Employer B and I would like to take it.
1) If my Employer A continued to process my GC and confirmed that they will support till I get my GC. Do I still need to use the AC21 portability to work for the new Employer B?
2) Or should be a safer side to use the AC21?
Thanks for your help on this
Vel
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