cygent
11-12 06:33 PM
Is that even if I-140 is not approved (pending), after I-485 is pending for 180 days, one can change jobs using the EAD?
http://www.visalaw.com/05may4/2may405.html
Read about the AC21 analysis - You can change with either H1 or EAD. You can also do so before 180 days, but not without some risk (case by case basis).
http://www.visalaw.com/05may4/2may405.html
Read about the AC21 analysis - You can change with either H1 or EAD. You can also do so before 180 days, but not without some risk (case by case basis).
wallpaper Oct 20 2009Selena Gomez Will
fromnaija
08-04 12:43 PM
How did your wife obain the second AP while outside the country? If you applied and got the second document whilst she was outside the country then logically it is invalid.
DDash
04-06 03:43 PM
lazycis, jhaalaa, meridiani - Thanks for your inputs...you guys rock. :cool:
I believe Jhaalaa trying to caution me not to take chances and move to another employer, which could potentially cause RFE to my case. If so, thanks for you concern.
Meridiani thanks for the doc. I will read through it.
One more question, when I first filed my LC, I made x dollars, then I got a promotion and now making x+10K. When I move to a new employer, should I make x dollars? or x+10K? or is it okay to make x-10K? :confused:
I believe Jhaalaa trying to caution me not to take chances and move to another employer, which could potentially cause RFE to my case. If so, thanks for you concern.
Meridiani thanks for the doc. I will read through it.
One more question, when I first filed my LC, I made x dollars, then I got a promotion and now making x+10K. When I move to a new employer, should I make x dollars? or x+10K? or is it okay to make x-10K? :confused:
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BeCoolGuy
04-13 08:02 AM
Always speak the truth..!!!
Remember, DOL is not depending only on you to find out the truth. The way it works is, if your employer comes under investigation, they'll first try to establish the facts, from DOL LCAs (all for H1Bs, and report fraud to USCIS if necessary). Most likely your name/details came up from LCAs, which are public information. When they ask you, they are trying to find out, the exact degree of exploitation (if any) and whether you willfully participated in it (fraud or exploitation) or not. DOL after all its investigation, establishes, what they callas 'cause of termination' which will allow you as a H1B employee to move out without any issues of that employer.. In addition to H1b individuals, they may also ask Employer for his tax records, payroll info and bank statements, which will establish the truth.
Two, even if you support your employer (for whatever reasons, including fear or immigration), not everybody will, which in turn will anyways trigger proper investigation and the exposure of truth. So why not to convey the fact which will show up anyways.
Three, At your heart you always know, what the truth is. Go with it. Write minimum on paper, if you are not comfortable writing it all. But definately make it a point to write the truth.
Fourth - If DOL is asking you to verify something, fill in WH4 form and submit to them. This will establish you as one of people who blew the whistle. Law protects (even for immigrants) in this case, and your H1b will be intact. THIS WILL SAVE YOUR IMMIGRATION STATUS LIKE NOTHING ELSE CAN...
AND OFCOURSE, START SEARCHING FOR ANOTHER JOB.
Goodluck
Remember, DOL is not depending only on you to find out the truth. The way it works is, if your employer comes under investigation, they'll first try to establish the facts, from DOL LCAs (all for H1Bs, and report fraud to USCIS if necessary). Most likely your name/details came up from LCAs, which are public information. When they ask you, they are trying to find out, the exact degree of exploitation (if any) and whether you willfully participated in it (fraud or exploitation) or not. DOL after all its investigation, establishes, what they callas 'cause of termination' which will allow you as a H1B employee to move out without any issues of that employer.. In addition to H1b individuals, they may also ask Employer for his tax records, payroll info and bank statements, which will establish the truth.
Two, even if you support your employer (for whatever reasons, including fear or immigration), not everybody will, which in turn will anyways trigger proper investigation and the exposure of truth. So why not to convey the fact which will show up anyways.
Three, At your heart you always know, what the truth is. Go with it. Write minimum on paper, if you are not comfortable writing it all. But definately make it a point to write the truth.
Fourth - If DOL is asking you to verify something, fill in WH4 form and submit to them. This will establish you as one of people who blew the whistle. Law protects (even for immigrants) in this case, and your H1b will be intact. THIS WILL SAVE YOUR IMMIGRATION STATUS LIKE NOTHING ELSE CAN...
AND OFCOURSE, START SEARCHING FOR ANOTHER JOB.
Goodluck
more...
snathan
03-09 03:59 PM
Thanks Radhagd:
Is it necessary to do consular processing. PD for EB2 for my country is current. Also, can we premium process my LABOR and I140 now a days?
Thanks.
There is no premium process for PERM. if you get audited, it will take 1-2 years to get approval. You can do premium for I-140
Is it necessary to do consular processing. PD for EB2 for my country is current. Also, can we premium process my LABOR and I140 now a days?
Thanks.
There is no premium process for PERM. if you get audited, it will take 1-2 years to get approval. You can do premium for I-140
sravani
05-15 12:50 PM
Is there already a poll like this for EB3?
EB3 polls are here:
http://immigrationvoice.org/forum/showthread.php?t=4440
http://immigrationvoice.org/forum/showthread.php?t=4420
EB3 polls are here:
http://immigrationvoice.org/forum/showthread.php?t=4440
http://immigrationvoice.org/forum/showthread.php?t=4420
more...
centaur
02-09 08:39 AM
I brought this up in July 2006, about atleast filing a class action lawsuit, even if its thrown out of court, we have attention of the news media. Being a taxpayer we are entitled to use the court system. But, at that time I was practically boo-ed of the website to the extent, that I erased my comments and stopped coming to this website.
If we are in this together, I still think its possible. We talk about media attention, this is probably the best way to do so.
Grounds:
1) Discrimination based on country. I know about 7% quota, but a judge can put a hold on quota or refer it to more stidies or throw this issue. We dont know what the judge will think, its highly stupid for us to assume, that he will be against us from the start.
But it will get media coverage and media will definitely comment on numbers of indians/chinese and simple ignorance of whoever came up with this quota. And also the fact that these are doctors, engg stc and in high tax-brackets.
2) Emotional trauma, spouse not able to work and such. Thats a human rights issue, which is even bigger than immigration. It will start another debate.
These are two very big grounds, another would be taxation without representation.
I know immigration is a privilege, butas long as it gets media attention and average american starts realizing the difference between legal and illlegal.
I think it will also bring CIR to debate sooner.
If we are in this together, I still think its possible. We talk about media attention, this is probably the best way to do so.
Grounds:
1) Discrimination based on country. I know about 7% quota, but a judge can put a hold on quota or refer it to more stidies or throw this issue. We dont know what the judge will think, its highly stupid for us to assume, that he will be against us from the start.
But it will get media coverage and media will definitely comment on numbers of indians/chinese and simple ignorance of whoever came up with this quota. And also the fact that these are doctors, engg stc and in high tax-brackets.
2) Emotional trauma, spouse not able to work and such. Thats a human rights issue, which is even bigger than immigration. It will start another debate.
These are two very big grounds, another would be taxation without representation.
I know immigration is a privilege, butas long as it gets media attention and average american starts realizing the difference between legal and illlegal.
I think it will also bring CIR to debate sooner.
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abhijitp
01-25 07:21 PM
^^
more...
ck_b2001
12-12 11:33 AM
I got only 2 copies of AP from TSC. I might have to go to India multiple times in coming months (more that 2). Will the POE officer take the original AP on each entry? Is there any USCIS/CBP reference/guidelines that instructs the POE officer to take the copies and leave the orignals with us? Any help appriciated
Thanks
Give them one orginal. Subsequent trips, just tell them that you have only one original and they will make copies. Some body posted a memo but i am telling you from my personal experience that they do not insist for original if you dont want to give them one.
Thanks
Give them one orginal. Subsequent trips, just tell them that you have only one original and they will make copies. Some body posted a memo but i am telling you from my personal experience that they do not insist for original if you dont want to give them one.
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rsdang
11-21 05:27 PM
abandoning AP was what I was refereing to... but as I said please chek with your lawyer that if you leave country in the middle of the application is that a problem.
Take Care
Take Care
more...
texcan
08-22 03:00 PM
" Rally in each state" is a fantastic idea. Lets do it.
But lets concentrate on one location in Texas and for that matter in
every state to pack more punch.
I think everyone can drive to one common location in texas.
Since Austin is capital, i propose rally in Austin for Texas.
Let do it.
But lets concentrate on one location in Texas and for that matter in
every state to pack more punch.
I think everyone can drive to one common location in texas.
Since Austin is capital, i propose rally in Austin for Texas.
Let do it.
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krishnam70
08-14 04:13 PM
A woman who was traveling alone in the mountains found a precious stone in a stream.
The next day she met another traveler who was hungry, the woman opened her bag to share her food. The hungry traveler saw the precious stone and asked the woman to give it to him. She did so without hesitation. The traveler left, rejoicing in his great fortune. He knew the stone was worth enough to give him security for a lifetime.
But a few days later he came back to return the stone to the woman. "I've been thinking," he said, "I know how valuable the stone is, but I give it back in the hope that you can give me something even more precious. Give me what you have within you that enabled you to give me the stone."
The woman smiled, "The joy of giving!"
Agreed . Joy of giving is a great concept if its voluntary. If we place a condition that this is the minimum amount u can pay or no way we might lose a few members who might want to contribute lesser amounts..
cheers
The next day she met another traveler who was hungry, the woman opened her bag to share her food. The hungry traveler saw the precious stone and asked the woman to give it to him. She did so without hesitation. The traveler left, rejoicing in his great fortune. He knew the stone was worth enough to give him security for a lifetime.
But a few days later he came back to return the stone to the woman. "I've been thinking," he said, "I know how valuable the stone is, but I give it back in the hope that you can give me something even more precious. Give me what you have within you that enabled you to give me the stone."
The woman smiled, "The joy of giving!"
Agreed . Joy of giving is a great concept if its voluntary. If we place a condition that this is the minimum amount u can pay or no way we might lose a few members who might want to contribute lesser amounts..
cheers
more...
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ItIsNotFunny
10-15 04:52 PM
I understand this is not a valid thread to be in this forum. In past I have seen similar post(ex: "Is it a good time to buy house in India"), I would not have posted this today.
There is no personal comment here. This is forum, people get together and talk. At least on this forum, we need to just keep in mind that the energy and concentration should be on immigration issues. The other post you mention is also equally wrong. Somehow most of the time this is voluntary action and its our responsibility to maintain this. By the way, investopedia is one the best sites.
There is no personal comment here. This is forum, people get together and talk. At least on this forum, we need to just keep in mind that the energy and concentration should be on immigration issues. The other post you mention is also equally wrong. Somehow most of the time this is voluntary action and its our responsibility to maintain this. By the way, investopedia is one the best sites.
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sargon
05-11 12:45 PM
You really scared me. My family is supposed to come via Delhi tomorrow. Please refrain from posting such threads.
more...
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GCBy3000
05-19 09:35 AM
Yes, keep all you honest opinion within your self until your shackles are removed. We all know the visa status H1B is exploting point for some consulting firms and employers. Knowing this I do not understand what is the need of expressing "my desire NOT to stay with him any longer than I need to"
Keep this desire within your self and keep the GC ball rolling until you get some command. But you have already said so. With my experience, I would say the employers and attorneys have very good relationship which they are supposed to have. With this relationship, they will find all the means to do whatever they desire to do. So be patient and butter your employer and get your job done.
Patience wins in this GC process.
Keep this desire within your self and keep the GC ball rolling until you get some command. But you have already said so. With my experience, I would say the employers and attorneys have very good relationship which they are supposed to have. With this relationship, they will find all the means to do whatever they desire to do. So be patient and butter your employer and get your job done.
Patience wins in this GC process.
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posmd
06-08 07:45 PM
Guys,
I have approved EB3 LC and approved I 140 with PD JAN 2002. My wife has approved EB2 LC (Perm) and Approved I 140 with PD JAN 2006
As we represent one family can't my wife use my PD and apply I 485 under EB2.
for example If husband is born in a retrogressed country and wife in a non retrogressed country in that case, husband gets a free ride !
Why not in this case ? Just curious !
Faced with this same predicament. The truth is the US immigration rules were not made to cater for this era of fast paced change and lifestyles.
When the current EB rules were fashioned, mostly in the early 1960s most families had one working household and were generally migrating in the very highest skills level. Opportunities in the high skilled fields were also not as prevalent as they are today. US was not the knowledge economy it is today.
In the same sense people if they would migrate did so just once in their lifetime, nowadays people often shift 3 places sometimes even more. Hence your citizenship does not count, only your birth place. Imagine the insanity in a scenario that you are from antigua and you are born in India while your father was serving as the consul general there. If fate and destiny have you wishing to immigrate to the US now in the EB2 category then you would have to have a PD of Jan 2003 as opposed to current.
Many such combinations are possible, but in my humble view all this country quota stuff for EB based immigration is ridiculous and worse yet when it takes no acccount of population size. Clearly they ought to be more discerning in who they allow in via EB immigration by tightening the regulations as they stand currently, but this insane quota is off base in todays world.
A quota system for family or any other type of immigration is more reasonable, but once it is deemed you are immigrating based on your skills why should something else matter in this land of opportunity where every man is considered equal and is said to rise or fall on his ability and nothing else. Perhaps others know the answer to this but it befuddles me and makes me realise how antequated the rules really are.
I have approved EB3 LC and approved I 140 with PD JAN 2002. My wife has approved EB2 LC (Perm) and Approved I 140 with PD JAN 2006
As we represent one family can't my wife use my PD and apply I 485 under EB2.
for example If husband is born in a retrogressed country and wife in a non retrogressed country in that case, husband gets a free ride !
Why not in this case ? Just curious !
Faced with this same predicament. The truth is the US immigration rules were not made to cater for this era of fast paced change and lifestyles.
When the current EB rules were fashioned, mostly in the early 1960s most families had one working household and were generally migrating in the very highest skills level. Opportunities in the high skilled fields were also not as prevalent as they are today. US was not the knowledge economy it is today.
In the same sense people if they would migrate did so just once in their lifetime, nowadays people often shift 3 places sometimes even more. Hence your citizenship does not count, only your birth place. Imagine the insanity in a scenario that you are from antigua and you are born in India while your father was serving as the consul general there. If fate and destiny have you wishing to immigrate to the US now in the EB2 category then you would have to have a PD of Jan 2003 as opposed to current.
Many such combinations are possible, but in my humble view all this country quota stuff for EB based immigration is ridiculous and worse yet when it takes no acccount of population size. Clearly they ought to be more discerning in who they allow in via EB immigration by tightening the regulations as they stand currently, but this insane quota is off base in todays world.
A quota system for family or any other type of immigration is more reasonable, but once it is deemed you are immigrating based on your skills why should something else matter in this land of opportunity where every man is considered equal and is said to rise or fall on his ability and nothing else. Perhaps others know the answer to this but it befuddles me and makes me realise how antequated the rules really are.
more...
makeup
ImmiLosers
09-26 12:22 AM
1)Incase my 485 application gets denied, can I start the process again and use the PD of my current application?
2) Can I move to and start the GC process with another company and use the current PD (I140 approved, 180 days passed), even if my current company revokes I140 and my Job description is very different --- I'm assuming yes.
3) What if I leave the country and come back after 2-3 years and reapply. Can I reuse the PD of my current application?
I was told by a friend that the priority date is mine forever since my I140 is approved. Is that correct?
Thanks
YES YES YES - go ahead screw your smalltime employer
2) Can I move to and start the GC process with another company and use the current PD (I140 approved, 180 days passed), even if my current company revokes I140 and my Job description is very different --- I'm assuming yes.
3) What if I leave the country and come back after 2-3 years and reapply. Can I reuse the PD of my current application?
I was told by a friend that the priority date is mine forever since my I140 is approved. Is that correct?
Thanks
YES YES YES - go ahead screw your smalltime employer
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adobe howm
09-03 01:02 PM
I just called USCIS and confirmed with TSC and 2nd level customer service center that my case is approved on monday 09/01/09 SLUD date even though i have not recieved email for same.. Thank you all and good luck.
Could make sure that you have had a soft LUD on your portfolio is what made you to call CIS ?
Could make sure that you have had a soft LUD on your portfolio is what made you to call CIS ?
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Steve Mitchell
October 27th, 2003, 10:14 AM
I like the second shot quite a bit. I think that would look fantastic in a large nice frame.
adobe howm
09-23 11:50 AM
09/22/2008: USCIS Ombudsman Assistance Available for EAD Delay Cases
If your EAD applications are pending more than 90 days and you need ombudsman's assistance, the following steps should be take:
Step 1: Call USCIS National Customer Service Center (NCSC) at 1-(800) 375-5283 and record the time/date of the call and the name/number of the customer service representative: Explain to the customer service representative that your EAD has been pending more than 90 days and ask for a �service request.� You should receive a response to your service request within a week.
OR Ask the customer service representative to request an interim card for you. You should receive an EAD or response within a week.
Step 2: If you choose to visit a local USCIS office, schedule an INFOPASS appointment to visit that office on www.infopass.uscis.gov. At the appointment, ask to apply for an interim EAD. Note that USCIS local offices no longer issue interim EADs. The local office can review your case and determine eligibility. The local office will forward your request to the USCIS service centers. You should receive an EAD or response within a week.
Step 3: If you have tried both Step 1 and Step 2 and have still not received your EAD or an interim card, please email the ombudsman's office at cisombudsman.publicaffairs@dhs.gov with the details of your efforts. Please include the date and time of your call to the NCSC and the name of the customer service representative. If you visited a USCIS office, please provide that information. The office will look into your case and review how we may be of assistance.
Source: www.immigration-law.com
Thanks for the effort. this indeed reaches where it suppose to be - helping someone with similar need. appreciated. not sure how to give you my green though.
If your EAD applications are pending more than 90 days and you need ombudsman's assistance, the following steps should be take:
Step 1: Call USCIS National Customer Service Center (NCSC) at 1-(800) 375-5283 and record the time/date of the call and the name/number of the customer service representative: Explain to the customer service representative that your EAD has been pending more than 90 days and ask for a �service request.� You should receive a response to your service request within a week.
OR Ask the customer service representative to request an interim card for you. You should receive an EAD or response within a week.
Step 2: If you choose to visit a local USCIS office, schedule an INFOPASS appointment to visit that office on www.infopass.uscis.gov. At the appointment, ask to apply for an interim EAD. Note that USCIS local offices no longer issue interim EADs. The local office can review your case and determine eligibility. The local office will forward your request to the USCIS service centers. You should receive an EAD or response within a week.
Step 3: If you have tried both Step 1 and Step 2 and have still not received your EAD or an interim card, please email the ombudsman's office at cisombudsman.publicaffairs@dhs.gov with the details of your efforts. Please include the date and time of your call to the NCSC and the name of the customer service representative. If you visited a USCIS office, please provide that information. The office will look into your case and review how we may be of assistance.
Source: www.immigration-law.com
Thanks for the effort. this indeed reaches where it suppose to be - helping someone with similar need. appreciated. not sure how to give you my green though.
yanj
12-14 12:18 PM
ok
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