sanju
09-09 11:17 AM
Hi,
I am one of the concurrent filing applicants. I filed my 140 and 485 on July 2. Can you give me a link for this memo ? Also if I invoke ac 21 do i need to file the g28 on 485 ? and what is g28 exactly for ?
In your case, to file AC-21 to change employers, you need to have approved I-140 and will have to wait for 180 days from the 485 receipt.
Just google search Yates memo pdf and you will find it. G-28 is a form that is filed to authorize a lawyer to represent you with USCIS.
I am one of the concurrent filing applicants. I filed my 140 and 485 on July 2. Can you give me a link for this memo ? Also if I invoke ac 21 do i need to file the g28 on 485 ? and what is g28 exactly for ?
In your case, to file AC-21 to change employers, you need to have approved I-140 and will have to wait for 180 days from the 485 receipt.
Just google search Yates memo pdf and you will find it. G-28 is a form that is filed to authorize a lawyer to represent you with USCIS.
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eilsoe
02-03 07:35 AM
Aww get off it, I'm not trying to be mean...!
I just missed the damn file... I'll change it now then...
EDIT: It's changed now. but FYI, I used THE SAME pic in the poll as the one I just changed it to. So either my IE is ****ed up (BIG surprise :)) or ghosts are haunting this forum...
I just missed the damn file... I'll change it now then...
EDIT: It's changed now. but FYI, I used THE SAME pic in the poll as the one I just changed it to. So either my IE is ****ed up (BIG surprise :)) or ghosts are haunting this forum...
desi3933
07-19 05:09 PM
Q : Must an H-1B alien be working at all times?
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
Check this.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
As long as the employer/employee relationship exists, nobody can't do anything. This is for sure.
It is not so easy.
Please refer to these posts from UnitedNations on this :
http://immigrationvoice.org/forum/showpost.php?p=125382&postcount=143
and
http://immigrationvoice.org/forum/showpost.php?p=103863&postcount=71
Honestly; uscis/dos don't care much for this. Maternity is a pretty good reason and is verifiable.
Other then that; department of state; uscis don't care for it much. They have enough data on companies that if it happened to a person in one quarter then ok. However, if there are a number of people who fit the profile then it gives less credibility.
I'll give you an example: DOL comes to investigate a particular person whom DOS has referred. Now; they go through the whole list of people (they actually do this); and see that every person who arrived into the country was on bench for three months...gives less credibility to the person's argument.
______________________
Not a legal advice.
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
Check this.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
As long as the employer/employee relationship exists, nobody can't do anything. This is for sure.
It is not so easy.
Please refer to these posts from UnitedNations on this :
http://immigrationvoice.org/forum/showpost.php?p=125382&postcount=143
and
http://immigrationvoice.org/forum/showpost.php?p=103863&postcount=71
Honestly; uscis/dos don't care much for this. Maternity is a pretty good reason and is verifiable.
Other then that; department of state; uscis don't care for it much. They have enough data on companies that if it happened to a person in one quarter then ok. However, if there are a number of people who fit the profile then it gives less credibility.
I'll give you an example: DOL comes to investigate a particular person whom DOS has referred. Now; they go through the whole list of people (they actually do this); and see that every person who arrived into the country was on bench for three months...gives less credibility to the person's argument.
______________________
Not a legal advice.
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p1234
10-25 02:36 PM
Senior (PD's from 2001-03) EB3-I sufferers, you'll surely get what you deserve by the middle of 2009. Having said that, if you think its in your best interest to get a better job under EB2, go for it and port your PD. Nothing can stop you.
If someone writes a letter to USCIS to stop EB3 porting, you can counter it by writing another letter explaining why you are porting in the first place and you have the right and the freedom to get better jobs and qualify for higher categories.
If someone writes a letter to USCIS to stop EB3 porting, you can counter it by writing another letter explaining why you are porting in the first place and you have the right and the freedom to get better jobs and qualify for higher categories.
more...
H4_losing_hope
02-25 11:01 PM
my new total 105 ish
maybe a few more this week.
If anyone wants about 50 hand addressed envelops to President then PM me.
May be NORCAL might need them? I will be sending them about 30+ letters this week.
Cheers!
maybe a few more this week.
If anyone wants about 50 hand addressed envelops to President then PM me.
May be NORCAL might need them? I will be sending them about 30+ letters this week.
Cheers!
fundo14
02-21 01:42 AM
No. I am not an employee of any of the companies named in H1B visa fraud last week. The current employer is my the sponserer of my H1 B visa and also my first employer . I did not change my employer.
This does sound strange, do you know what was the reason for this officer's visit to your employer two months back? also, i would suggest make sure all your paper work is fine, I mean LCA etc. indicating your correct place of work and right wages.
This does sound strange, do you know what was the reason for this officer's visit to your employer two months back? also, i would suggest make sure all your paper work is fine, I mean LCA etc. indicating your correct place of work and right wages.
more...
GCBy3000
07-27 05:04 PM
Nope. USCIS spied on our site and did not release this pdf today.
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sravani
05-22 04:35 PM
may be "NOT FOUND" dated police report filed in their originating country, in that case its easy to get done in india.
Lol :D
Lol :D
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help_please
07-14 07:16 PM
it is not clear to me that this version allows legal kids to benefit
it talk about people being "otherwise deportable"
someone needs to clarify with an immigration attorney or something
I emailed my attorney to see if she could clarify whether legals are able to benefit from this bill...I'll post an update once she replies. Have a good weekend!!!
it talk about people being "otherwise deportable"
someone needs to clarify with an immigration attorney or something
I emailed my attorney to see if she could clarify whether legals are able to benefit from this bill...I'll post an update once she replies. Have a good weekend!!!
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mmj
04-19 04:21 PM
Why not to use that very same ID you have been using for 2 years to post this one also? That way others will know you have been a member and also contributed in the past. No confusion and peace.
Man - U guys love to quibble about stupid things rather than focus on the big picture. All my thread says is - I'm doing X .... Please consider doing it as well if you think it is worth your while ... Thats it - Nothing more - nothing less. And here we're having a discussion about how long I've been a member of IV and yada yada yada ...
Man - U guys love to quibble about stupid things rather than focus on the big picture. All my thread says is - I'm doing X .... Please consider doing it as well if you think it is worth your while ... Thats it - Nothing more - nothing less. And here we're having a discussion about how long I've been a member of IV and yada yada yada ...
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m306m
06-02 10:45 AM
done
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GC_ki_daud
07-25 02:32 PM
:confused: I have
EB2 140 Approved Feb 2006
EB3 140 approved June 2004
My Lawyer says that when they filed my 485 in July 2007, they sent both 140 petitions. IS THAT POSSIBLE ?
Now that the dates got current in Aug 2008 bulletin , I asked them to proceed further so that my case could be adjudicated.
They suggested me to wait and see since ,now, my original EB2 is current anyways.
My question is, Is there any way to find out which category (EB2 OR EB3)will USCIS consider my 485 case to be ?
Should I request infopass now or wait ?
EB2 140 Approved Feb 2006
EB3 140 approved June 2004
My Lawyer says that when they filed my 485 in July 2007, they sent both 140 petitions. IS THAT POSSIBLE ?
Now that the dates got current in Aug 2008 bulletin , I asked them to proceed further so that my case could be adjudicated.
They suggested me to wait and see since ,now, my original EB2 is current anyways.
My question is, Is there any way to find out which category (EB2 OR EB3)will USCIS consider my 485 case to be ?
Should I request infopass now or wait ?
more...
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hopelessGC
04-13 05:27 PM
Well done
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sanju
09-08 08:24 PM
I know after we file the i-485 for 180 days, we can change our jobs. But rule is that the new job should be in the same field as the old one.
Can i change my job from a biological researcher to a biostatistician? My current job is in the field of biology, which involves lots of experiments. If I change my job to a biostatistician, which is like a programmer, do i still qualify the "similar filed" rule? thanks for your help!
Requirements to change employer when GC is pending:
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD
Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.
After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application
This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
Can i change my job from a biological researcher to a biostatistician? My current job is in the field of biology, which involves lots of experiments. If I change my job to a biostatistician, which is like a programmer, do i still qualify the "similar filed" rule? thanks for your help!
Requirements to change employer when GC is pending:
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD
Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.
After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application
This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
more...
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mirage
12-07 02:07 PM
I got my PF money back from Lucknow without a penny paid in bribe or anything.
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dealsnet
05-15 04:05 PM
This guy manhandled his wife and was in the jail for one day. Read his previous post in this forum. Why you are so compassanate for a women beater. ?. Now he want to marry another women. Who knows he will do same thing to her also?. Munna Bhai read his post and comment. IV is for good cause; not for people with criminal behaviour.
I think we, in this forum, should get more mature in handling others personnel issues. The reason I was against that "snathan" story was that we are trying to play goody goody for no reason. We are in a country where the divorce rate is the highest..then why don't we open this forum for all of those people..let's play good Samaritan to everyone...
I think we, in this forum, should get more mature in handling others personnel issues. The reason I was against that "snathan" story was that we are trying to play goody goody for no reason. We are in a country where the divorce rate is the highest..then why don't we open this forum for all of those people..let's play good Samaritan to everyone...
more...
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dineshksharma
07-13 01:36 PM
"Long Journey. Finally GC
by J2GC
Hi Guys,
After a long journey of more than Sixteen years in this country, I finally received my GC.
In short, I came in 1993 on J-1 for my training which took six years, followed by one year on O-1 visa and then J-1 waiver for three and half years in underserved area. Then applied for labor certification in Oct, 2003 EB2, through university, which was approved and then retrogressed. Applied Schedule IIA, approved but also got retrogressed. Got AILA liaison and Senetor involved.
Applied for EB1 and NIW in July 2008.
My lawyer was very much involved in the whole process, was very helpful at every step, and wrote letters to USCIS.
Finally, GC came in April, 2009 and received the cards one week later. My PD Oct 2003.
During these time, I actually had no problmes at my job or my my wife's job. Brought a house four years ago.
The main problems were:
Daughter and son could not apply to state colleges/ medical colleges. (daughter going to med school next month)
Got stuck in India for renew of H-1 for 2 months!!! (worst time of my life, with my wife and kids in US) I tied every thing from writing letters to calling Ambasador. Not effective.
Could not go to certain occasions, like death of very close family members, weddings etc.
However, I kept my cool and prayed and got lot of support from Immigration voice.
As a small token of appreciation, I am donating $500 .(and will keep on supporting)
We all are going to get GC, some sooner some later. Just keep on doing you job.
Thanks you all for all the information and support.
J2GC (J-1 visa to GC)"
by J2GC
Hi Guys,
After a long journey of more than Sixteen years in this country, I finally received my GC.
In short, I came in 1993 on J-1 for my training which took six years, followed by one year on O-1 visa and then J-1 waiver for three and half years in underserved area. Then applied for labor certification in Oct, 2003 EB2, through university, which was approved and then retrogressed. Applied Schedule IIA, approved but also got retrogressed. Got AILA liaison and Senetor involved.
Applied for EB1 and NIW in July 2008.
My lawyer was very much involved in the whole process, was very helpful at every step, and wrote letters to USCIS.
Finally, GC came in April, 2009 and received the cards one week later. My PD Oct 2003.
During these time, I actually had no problmes at my job or my my wife's job. Brought a house four years ago.
The main problems were:
Daughter and son could not apply to state colleges/ medical colleges. (daughter going to med school next month)
Got stuck in India for renew of H-1 for 2 months!!! (worst time of my life, with my wife and kids in US) I tied every thing from writing letters to calling Ambasador. Not effective.
Could not go to certain occasions, like death of very close family members, weddings etc.
However, I kept my cool and prayed and got lot of support from Immigration voice.
As a small token of appreciation, I am donating $500 .(and will keep on supporting)
We all are going to get GC, some sooner some later. Just keep on doing you job.
Thanks you all for all the information and support.
J2GC (J-1 visa to GC)"
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arnab221
06-10 04:14 AM
I think there are people who have a labor pending from July 4th 1776 , so they might take the date back to July 4th 1776 when the US was formed and when the USCIS was established . However they will then not allow people living in the west coast and the then Confederate states to apply , only people living in the Union states will be eligible to apply .
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sandy_anand
11-06 12:11 PM
Does anyone know when VB will be out this month?
gc28262
02-21 07:59 AM
Have LCA for the current location also handy.
logiclife
02-21 11:10 AM
I recant my earlier outburst at mercies since I realize that he was acting as a messenger to the problem. Sorry for the offense mercies.
There are many people who would just run away from effort when doubts are raised and since people of afraid of being punished for just advocating a public policy or writing a letter to congress in the first place. I would request you to not reproduce posts here or on portal that would echo the material the plants fear and doubts among members. When the core group is spending 2-3 hours a day on top of their fulltime job plus the weekends, plus out of pocket expenses on travel to DC, its disheartening when a post on forum scares away sceptical members.
I have already edited my earlier post.
There are many people who would just run away from effort when doubts are raised and since people of afraid of being punished for just advocating a public policy or writing a letter to congress in the first place. I would request you to not reproduce posts here or on portal that would echo the material the plants fear and doubts among members. When the core group is spending 2-3 hours a day on top of their fulltime job plus the weekends, plus out of pocket expenses on travel to DC, its disheartening when a post on forum scares away sceptical members.
I have already edited my earlier post.