div_bell_2003
03-05 02:29 PM
I have changed jobs after 180 days of filing my AOS, although it's in the same of similar classification and my attorney from the new company informed me that time that USCIS is generally very liberal with the "same or similar" classification, as long as the job duties don't change totally.
1) Do I have to ask Company B to apply for anything relating to my GC? I want to make sure that they know and agree to all costs associated with the paperwork? Dont want to end up paying from my pocket as I have heard in a few cases before
-- They may want to file an AC-21 letter ( stating that they have permanently employed you for this position for this salary yada yada yada ... ) and definitely a G28 to change representation on your cases in case of any RFE and other communication by USCIS.
2) I believe since my I-140 is approved for more than 180 days or actually my I-485 being filed for more than 180 days, I am allowed to move, correct?
-- Yes, albeit to a "same or similar" job.
3) Since my I-140 is approved and I have an EAD, can USCIS/Company A cause it to be revoked? OR it doesn't apply to my case?
-- USCIS has no business revoking your I-140, it's your previous employer's property which they may revoke at any time ( due to various issues, not necessarily to get back at you )
4) Do I need to ask Company A to maintain anything? Or just keeping good relations with them is enough :)
-- Keeping a good relation never hurts, but company A doesn't have to maintain anything for you. Good luck in your search !
1) Do I have to ask Company B to apply for anything relating to my GC? I want to make sure that they know and agree to all costs associated with the paperwork? Dont want to end up paying from my pocket as I have heard in a few cases before
-- They may want to file an AC-21 letter ( stating that they have permanently employed you for this position for this salary yada yada yada ... ) and definitely a G28 to change representation on your cases in case of any RFE and other communication by USCIS.
2) I believe since my I-140 is approved for more than 180 days or actually my I-485 being filed for more than 180 days, I am allowed to move, correct?
-- Yes, albeit to a "same or similar" job.
3) Since my I-140 is approved and I have an EAD, can USCIS/Company A cause it to be revoked? OR it doesn't apply to my case?
-- USCIS has no business revoking your I-140, it's your previous employer's property which they may revoke at any time ( due to various issues, not necessarily to get back at you )
4) Do I need to ask Company A to maintain anything? Or just keeping good relations with them is enough :)
-- Keeping a good relation never hurts, but company A doesn't have to maintain anything for you. Good luck in your search !
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chanduv23
02-11 10:48 PM
sanjay , prinive - believe me folks, a lot of pushing is needed, not everyone are proactive like you and me. I guess you are in the tri state chapter - you can see for yourself, how many members are active and how many are not. I am also just like you all - the core trusts me to be a chapter lead and I do want to do what best I can - I will be very happy if more and more people come forward and carry things forward.
EB-VoiceImmigration
08-22 04:46 AM
While no doubt, getting PERM approved is difficult at this time, it's not impossible (I have a few close friends who got them approved recently in EB2 though they had to wait a long time for it) and giving it a shot is well worth it if things work out in OPs favor.
I think ur friends PERM got approved becuase they filed before this economic depression. meaning, when the recruitments efforts were made for your friends case there is not much unemployment and might not have received any resumes. And I believe DOL check when the labor filed.. not current time.. while approving or denying it. So as some one mentioned now its not the case.
I think ur friends PERM got approved becuase they filed before this economic depression. meaning, when the recruitments efforts were made for your friends case there is not much unemployment and might not have received any resumes. And I believe DOL check when the labor filed.. not current time.. while approving or denying it. So as some one mentioned now its not the case.
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coopheal
03-24 05:38 PM
I have recently moved out of state and started on a different job. I updated my address with USCIS online last week. I just got a email from CRIS for RFE. I have I-140 has been approved since 2004 and applied for I-485 in July 07. My lawyer is from Frogman firm. This was the firm used by my GC sponsor employer. My new position is slight different from Software Developer to Lead System Analyst. I think this should be covered with same or similar clause.
If you have prior experience please let me what to expect and do any preparation now itself.
If you have prior experience please let me what to expect and do any preparation now itself.
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go_gc_way
02-04 10:33 PM
I had my I140 approved too and had mentioned it in my application. They dont bother you. They however gave me 221g to verify student status and delayed my visa for two weeks. Interview was less than 2 mins and the vo said she had to verify student status thats it.
Please explain what is student status and 221g. You mean , if you are student of any intitute in US, while your I-140 is approved?
Please explain what is student status and 221g. You mean , if you are student of any intitute in US, while your I-140 is approved?
va_labor2002
06-22 04:07 PM
:)), oh well, Indian government spent money on our education and we left India we may never won't back to India,
why the hell he cares for our issues
he will be glad to know that we can't stay here, becausre there is huge demand in India for most of our skill set.
we are like Dhobi Ka Kutha Na Gar ka Na Ghat Ka,
I don't agree with 'eb3india'. Don't be on negative attitudes. Negative thinking will not gain anything. Think positive !
India Government will listen to us because;
1) If you stay here in USA, you will send money to your parents and relatives.
They will spend money and improve indian economy.
2) If you stay here and become rich, you may start a busness in india and employ indians and indian economy will grow.
3) You may invest in houses and properties in india.
So, If you continue to work in US and make money, Indian economy will grow
indirectly. Did you get my point ? Mr Vayalar Ravi knows this very well. He knows the earning potential on NRIs in US.
why the hell he cares for our issues
he will be glad to know that we can't stay here, becausre there is huge demand in India for most of our skill set.
we are like Dhobi Ka Kutha Na Gar ka Na Ghat Ka,
I don't agree with 'eb3india'. Don't be on negative attitudes. Negative thinking will not gain anything. Think positive !
India Government will listen to us because;
1) If you stay here in USA, you will send money to your parents and relatives.
They will spend money and improve indian economy.
2) If you stay here and become rich, you may start a busness in india and employ indians and indian economy will grow.
3) You may invest in houses and properties in india.
So, If you continue to work in US and make money, Indian economy will grow
indirectly. Did you get my point ? Mr Vayalar Ravi knows this very well. He knows the earning potential on NRIs in US.
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GCchakravyuh
07-13 09:04 AM
It feels much better after i became member of this wonderful website in July. All the info, jokes keep me assured of so much support...:)
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bigboy007
11-23 10:06 AM
how is it determined how long the EAD will be renewed for? If there are no fees associated with filing the renewal, then it probably doesn't matter.
Its the courtesy of USCIS and highlighting of our problems by IV made USCIS to issue cards for 2 years... there is no requirement that it should be as such... in general any EAD unless its L* is generally issued for 1 year with exception of C09-employment category where they are issued in looking at Priority date [ofcourse there are other exceptions like asylum... etc] if they dont get biometrics from their repository at the time of printing , they waive some of the features like fingerprint, signature etc.
Its the courtesy of USCIS and highlighting of our problems by IV made USCIS to issue cards for 2 years... there is no requirement that it should be as such... in general any EAD unless its L* is generally issued for 1 year with exception of C09-employment category where they are issued in looking at Priority date [ofcourse there are other exceptions like asylum... etc] if they dont get biometrics from their repository at the time of printing , they waive some of the features like fingerprint, signature etc.
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nixstor
01-22 11:18 PM
Lets say her H4 expires on Apr 10th 07. If her I 129 application is filed on Apr 1st, Do you think her I 129 is considered to be ok? Again, USCIS wont be able to generate a receipt notice with in 10 days and assuming that the receipt notice will be generated after Apr 10th, what kind of impact will it have as her H4 would have expired by Apr 10 th? It looks like the bi specialization program is causing more delays because the cases need to be transferred from VSC to CSC. As Andy pointed out, there is no guarentee service for H4 approval with PP.
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rock2999
07-19 09:54 AM
Could you please email me (to kumarjpk@hotmail.com)the formats of affidavits for birth certificate.
one from parents
and the other from a close relative
I will be grateful yo you for ur help!!!
one from parents
and the other from a close relative
I will be grateful yo you for ur help!!!
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sam_hoosier
12-15 09:40 PM
Hi to all,
MY I 485 RD is August 14, 2007, 180 days rule will end on 10 Feb 2008.
I am planning to use AC21 on Jan 20th itself with three weeks vacation notice to current GC filing employer to go for Contract to Hire job.
Is it safe to do?
I do maintain good relationship with current employer.
But not sure, what will be his reaction after three vacation notice ends and he comes to know I have switched job.
Also my LC as Programmer Analyst, but the new job would be Database Administrator.
Is this will be issue?
Could you advise on these questions?
Thanks to all.
Mani
** Sponsor of two IV members to attend DC rally.
Keep in mind that employer can revoke I-140 before your 180 days are up. If its just a question of a few weeks, why are you taking a chance ?
MY I 485 RD is August 14, 2007, 180 days rule will end on 10 Feb 2008.
I am planning to use AC21 on Jan 20th itself with three weeks vacation notice to current GC filing employer to go for Contract to Hire job.
Is it safe to do?
I do maintain good relationship with current employer.
But not sure, what will be his reaction after three vacation notice ends and he comes to know I have switched job.
Also my LC as Programmer Analyst, but the new job would be Database Administrator.
Is this will be issue?
Could you advise on these questions?
Thanks to all.
Mani
** Sponsor of two IV members to attend DC rally.
Keep in mind that employer can revoke I-140 before your 180 days are up. If its just a question of a few weeks, why are you taking a chance ?
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sac-r-ten
06-22 10:27 AM
nothing in advice/suggestion, just wishing you good luck with your endeavour.
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Leo07
02-24 08:16 PM
I agree that we must have a way to weed out anti-immigrants.
But, that's doable...is it so hard to figure out anti-immigrants when they sign-up & turn-up? :)
I have seen a similar thing with our other campaign - "File 485 before PD is current". There are some forums spreading negative information about IV and this might be the reason.
Of course theoretically it is possible to have them participate in these without creating an ID (which is free). We have to verify in some way to avoid antis, maybe ID or bill or some other way.
We don't want to go to USCIS with 100s of members from numbersUSA or fishing site users.
But, that's doable...is it so hard to figure out anti-immigrants when they sign-up & turn-up? :)
I have seen a similar thing with our other campaign - "File 485 before PD is current". There are some forums spreading negative information about IV and this might be the reason.
Of course theoretically it is possible to have them participate in these without creating an ID (which is free). We have to verify in some way to avoid antis, maybe ID or bill or some other way.
We don't want to go to USCIS with 100s of members from numbersUSA or fishing site users.
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ivar
03-13 11:45 AM
This is how it should be done...
- request USCIS to port your PD from already approved I-140 from past employer
USCIS may or may not do it for you
- if not apply for I-485 using Category of 2nd (should be EB2) and PD from 1st one. You need to attach both of these with I-485 application and of course a covering letter stating what you are doing.
Here is the extract from the law -
QUOTE
(3) Priority Date Based on Earlier Petition.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
UNQUOTE
Disclaimer -
I am not a lawyer and this is not a legal advise. You may want to talk a immigration attorney for exact interpretation
Thanks for your response.
- request USCIS to port your PD from already approved I-140 from past employer
USCIS may or may not do it for you
- if not apply for I-485 using Category of 2nd (should be EB2) and PD from 1st one. You need to attach both of these with I-485 application and of course a covering letter stating what you are doing.
Here is the extract from the law -
QUOTE
(3) Priority Date Based on Earlier Petition.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
UNQUOTE
Disclaimer -
I am not a lawyer and this is not a legal advise. You may want to talk a immigration attorney for exact interpretation
Thanks for your response.
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nixstor
01-22 01:12 PM
My wife's H4 extension is sitting in CSC and they are currently doing Oct 16th 06. Even though I gave my docs in mid nov, they ended up filing in Jan with a notice date of Jan 09/07.
My wife would like to move on to H1, she missed it last year as she was out of country. Does she need her H4 to be approved before she can apply for H1?
If I request a Premium Processing for my I 129, will that result in her application being approved along with mine. I 129 & 539 were filed together. It appears that I have to do mine as my DL expires in Apr 1st week and I dont see the H1 approval coming through. Does USCIS consider both different applications and ask for 2 different fees for PP?
Thanks
My wife would like to move on to H1, she missed it last year as she was out of country. Does she need her H4 to be approved before she can apply for H1?
If I request a Premium Processing for my I 129, will that result in her application being approved along with mine. I 129 & 539 were filed together. It appears that I have to do mine as my DL expires in Apr 1st week and I dont see the H1 approval coming through. Does USCIS consider both different applications and ask for 2 different fees for PP?
Thanks
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poorslumdog
03-18 03:04 PM
If you are not on H1 there is no reason to inform the USCIS. Make sure that they are not including your I-140 receipt number or A#.
Actually informing that you do not have a job is sufficent to revoke your I-140.
Then how come people are saying there wont be any impact if you lose your job in EAD
Actually informing that you do not have a job is sufficent to revoke your I-140.
Then how come people are saying there wont be any impact if you lose your job in EAD
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kshitijnt
01-25 03:12 PM
I understand that I-140 petition is violation of F1. Is this correct? If yes, why not reject I-140?
No According to my lawyer I-140 is employers petition. I-485 is your petition. You have not demonstrated immigrant intent if your employer files I-140.
No According to my lawyer I-140 is employers petition. I-485 is your petition. You have not demonstrated immigrant intent if your employer files I-140.
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smsthss
11-19 02:40 PM
Hi
U have 4 yrs degree.Ability to pay not an issue.No exp needed.This 3 are major RFE.So nothing fit for u.So maybe some minor issue.So relax.one of my friend got RFE 2weeks back but still didnt receive Actual RFE.his RD is nov15th
i hope u r right..thx buddy
U have 4 yrs degree.Ability to pay not an issue.No exp needed.This 3 are major RFE.So nothing fit for u.So maybe some minor issue.So relax.one of my friend got RFE 2weeks back but still didnt receive Actual RFE.his RD is nov15th
i hope u r right..thx buddy
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satyab7
05-03 04:04 PM
Guys as a RULE. Pls contact the Core members before contacting ANYONE no matter HOW pro-immigrant we think he may be. Let that be a policy of sorts. Just talk to ANY one core member and discuss it before u take any action. Media exposure is a double edged sword so let us please be careful as to who we contact.
Guys did you notice , advice from eb3_nepa. I just wanted to repeat it for all. That's a good advise , I think.
Guys did you notice , advice from eb3_nepa. I just wanted to repeat it for all. That's a good advise , I think.
venkygct
05-28 01:09 PM
Its NSC
Is your application pending at TSC or NSC?
Is your application pending at TSC or NSC?
sweet_jungle
06-13 10:31 PM
It just means somebody touched the case. The case is still at NSC.
What is your PD? Are you current?
Hello,
My 485 status online just changed today. Here's the new message:
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: This case is now pending at the office to which it was transferred.
The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.
--------
The previous message said that "my case was transfered from CA to NSC on Sept 12th 2007". I had been seeing the previous message for the past 9 months. Anyone knows what the new message means?
Coincidentally, I had called today and spoke with an IO to check on the status of my 485. He said that within 30-60 days it should get assigned to an officer. Would this have any bearing on the new status message? I see an LUD with today's date.
Thanks much for any help,
Kunal
What is your PD? Are you current?
Hello,
My 485 status online just changed today. Here's the new message:
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: This case is now pending at the office to which it was transferred.
The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.
--------
The previous message said that "my case was transfered from CA to NSC on Sept 12th 2007". I had been seeing the previous message for the past 9 months. Anyone knows what the new message means?
Coincidentally, I had called today and spoke with an IO to check on the status of my 485. He said that within 30-60 days it should get assigned to an officer. Would this have any bearing on the new status message? I see an LUD with today's date.
Thanks much for any help,
Kunal
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