narentilwani
03-05 02:00 PM
I believe my situation is a lot similar to man-woman-and-gc except maybe that I am single. This is what I have achieved so far after sticking to Company A for 4.5 years (this one was pretty big in size; so didn't have to worry about any paperwork):
1) I-140 approved in August 2008 (total of 198 days till date i.e. March 5th 2009)
2) I-485 pending since July 2007 (USCIS receipt date of September 29 2007)
3) EAD valid till October 2010
4) H1-B valid till October 2010
5) PD: Feb 2007
However as a preemptive measure against any potential layoff from company A, I have started looking around. I am preparing a checklist of things that I have to inform the other companies (say company B) so that the transition is smooth. The 2 main things I can think of to talk about with any potential employer are:
1) I DEFINITELY want to maintain my H1-B; so they will have to transfer it. I will be pushing this to make sure I have the flexibility to get a dependent at any time
2) They will have to help me MAINTAIN my GC process. For example any minor changes in the position requirements to show that the job is similar or same. Thats one reason I am primarily looking at similar work profiles
I would GREATLY appreciate if someone from this thread can point me to any location or list out the things that I should be extremely careful about or notify to both my previous employer and the future employer to avoid any future pains in my GC process. A few things that I remember are as follows, but please provide more information that may be missed out here:
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
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?
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?
4) Do I need to ask Company A to maintain anything? Or just keeping good relations with them is enough :)
Thanks a lot to everyone in advance. Please let me know at your earliest convenience as you never know when opportunities come knocking at your door. Its better to be prepared ;)
1) I-140 approved in August 2008 (total of 198 days till date i.e. March 5th 2009)
2) I-485 pending since July 2007 (USCIS receipt date of September 29 2007)
3) EAD valid till October 2010
4) H1-B valid till October 2010
5) PD: Feb 2007
However as a preemptive measure against any potential layoff from company A, I have started looking around. I am preparing a checklist of things that I have to inform the other companies (say company B) so that the transition is smooth. The 2 main things I can think of to talk about with any potential employer are:
1) I DEFINITELY want to maintain my H1-B; so they will have to transfer it. I will be pushing this to make sure I have the flexibility to get a dependent at any time
2) They will have to help me MAINTAIN my GC process. For example any minor changes in the position requirements to show that the job is similar or same. Thats one reason I am primarily looking at similar work profiles
I would GREATLY appreciate if someone from this thread can point me to any location or list out the things that I should be extremely careful about or notify to both my previous employer and the future employer to avoid any future pains in my GC process. A few things that I remember are as follows, but please provide more information that may be missed out here:
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
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?
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?
4) Do I need to ask Company A to maintain anything? Or just keeping good relations with them is enough :)
Thanks a lot to everyone in advance. Please let me know at your earliest convenience as you never know when opportunities come knocking at your door. Its better to be prepared ;)
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kc_p21
04-23 10:42 AM
First thing is why members have found that title is scary? I dont think it is scary......it might attract your attention. Probably most of people who got scared might be using EAD or are considering using it.<br><br>
I think using AC21 does not imply that 485 will be denied.<br><br> In a hypothetical situation lets assume it is denied we need to find why it is being denied? One can always switch to h1b (with previous employer - should be valid when AOS is denied) by going to home country and getting h1b stamp on passport but even before you have to do it you can appeal in court and you will be able to stay here.
<br><br> I was discussing the same issue today with Ron Gotcher ( you can find it on his website as I have the same userid) and he said unless you are inadmissible or commit a fraud or have broken immigration law in past AOS is not denied. Just in case if you have done any of the above three things then your AOS can be denied and you can not even get any type of non immigrant visa..........<br><br> For using AC21 just make sure that:<br><br>
140 is approved<br><br>Your GC sponsor will not revoke 140<br><br>Your GC job description and new EAD job description are same or similar (title does not matter) <br><br> ONet code for both the jobs match.<br><br><br><br> If you ensure the above things then there is no issue using EAD for a job after 180 day of filing 485.<br><br> Hope this helps and people who got scared does not gives me red dots for speaking aloud.
<br><br> Support IV and make the difference for yourself and everyone else in the immigrant community.
Thanks for your input.
I think using AC21 does not imply that 485 will be denied.<br><br> In a hypothetical situation lets assume it is denied we need to find why it is being denied? One can always switch to h1b (with previous employer - should be valid when AOS is denied) by going to home country and getting h1b stamp on passport but even before you have to do it you can appeal in court and you will be able to stay here.
<br><br> I was discussing the same issue today with Ron Gotcher ( you can find it on his website as I have the same userid) and he said unless you are inadmissible or commit a fraud or have broken immigration law in past AOS is not denied. Just in case if you have done any of the above three things then your AOS can be denied and you can not even get any type of non immigrant visa..........<br><br> For using AC21 just make sure that:<br><br>
140 is approved<br><br>Your GC sponsor will not revoke 140<br><br>Your GC job description and new EAD job description are same or similar (title does not matter) <br><br> ONet code for both the jobs match.<br><br><br><br> If you ensure the above things then there is no issue using EAD for a job after 180 day of filing 485.<br><br> Hope this helps and people who got scared does not gives me red dots for speaking aloud.
<br><br> Support IV and make the difference for yourself and everyone else in the immigrant community.
Thanks for your input.
vvr_rao
06-16 07:43 AM
Thanks. I finally got the receipt notice yesterday. They gave me a receipt date of May 11th and a Notice Date of June 11
Now to wait for the EAD....
Now to wait for the EAD....
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GCWhru
03-25 09:49 AM
I applied on Dec 21st and case is still pending.
I wonder why they are not updating the processing times page lately, it is still shows Feb 15th as the updated date rather it should have updated on mid March.
I wonder why they are not updating the processing times page lately, it is still shows Feb 15th as the updated date rather it should have updated on mid March.
more...
hopefulgc
08-14 10:26 AM
thats uscis for you..
if they keep changing the color of the card, how would we know if we have received the gree ncard?:D:D:D:D:D
Well, I heard that THE CARD is not green anymore:D
if they keep changing the color of the card, how would we know if we have received the gree ncard?:D:D:D:D:D
Well, I heard that THE CARD is not green anymore:D
kaisersose
08-24 02:05 PM
Hi gurus-
Please let me know Can we use EAD with out I140 Approval.
Thanks
Aj
Yes, you can. If it is with the same employer, you are OK., else there can be problems such as below.
if 180 days have passed since your 485 RD and and if you plan to use it with a different employer then any RFE raised for your 140 will not be answered by your old employer and your 140 will be denied.
if 180 days have not passed, your employer will revoke the 140 and you are in the limbo.
The best course is to wait 180 days from 485 RD and have an approved 140 before venturing out.
Please let me know Can we use EAD with out I140 Approval.
Thanks
Aj
Yes, you can. If it is with the same employer, you are OK., else there can be problems such as below.
if 180 days have passed since your 485 RD and and if you plan to use it with a different employer then any RFE raised for your 140 will not be answered by your old employer and your 140 will be denied.
if 180 days have not passed, your employer will revoke the 140 and you are in the limbo.
The best course is to wait 180 days from 485 RD and have an approved 140 before venturing out.
more...
validIV
03-18 04:18 PM
So does that mean that if one's I-485 is rejected (Has no luck with MTR either) - Then he cannot continue after his current H1-B expires (After 0 to 3 years)?
Going back to his home country is the only option?
RXSimha, the best advice you can take is to talk to an immigration lawyer. Nobody that has posted here has stated any facts, only interpretations. If you wish to learn more follow this thread:
http://www.immigration-information.com/forums/showthread.php?t=5293&page=3
Make an account and ask your question to Ron, which has already been answered multiple times. He is an immigration attorney. But do not stop there. Confirm all information with multiple immigration attorneys of your preference at your discretion.
Good luck.
Going back to his home country is the only option?
RXSimha, the best advice you can take is to talk to an immigration lawyer. Nobody that has posted here has stated any facts, only interpretations. If you wish to learn more follow this thread:
http://www.immigration-information.com/forums/showthread.php?t=5293&page=3
Make an account and ask your question to Ron, which has already been answered multiple times. He is an immigration attorney. But do not stop there. Confirm all information with multiple immigration attorneys of your preference at your discretion.
Good luck.
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n_2006
01-07 09:02 PM
What kind of information you are looking for? Their client list?
going to www.satyam.com ...... I can not go in there. Probably too many people looking for info......
going to www.satyam.com ...... I can not go in there. Probably too many people looking for info......
more...
aadimanav
12-16 02:38 PM
..and (in theory) where will EB1-India overflow go ?
EB1 ROW
|
|
EB1 India, China, Mexico, Phillipines
|
|
EB2 ROW
|
|
EB2 India, China, Mexico, Phillipines
|
|
EB3 ROW
|
|
EB3 India, China, Mexico, Phillipines
|
|
Recyle Bin (here are the visas we want to recapture)
Is the above flow correct?
It's a bit more complicated than that:
Law comes from three sources:
Comman Law: Laws inherited from the british justice system (evolved over centuries).
Legislative Law: Laws passed by congress and signed by the Prez.
Regulatory Law: Regulations created by the regulatory agencies to implement the laws made by congress. Congres doesn't always finalize all the details to the last comma and leaves that work the relevant government agency. For example, FCC, SEC create regulations about how the congress' laws are to implemented. These regulations have to conform the laws passed by congress. These regulations have the force of law.
So when congress did not stipulate any specific overflow mechanism, it left it completely up to USCIS to work that out.
Historically EB2-RoW overflowed to EB2-India and EB3-Row overflowed to EB3-India. Soon after EB3-RoW was retrogressed, USCIS channelled EB2-RoW to EB3-RoW. This is expected to continue till EB3-RoW becomes current itself.
Therefore, if you're looking for any progress in PD, whether EB2 or EB3, the key parameter you should be watching is EB3-RoW cut-off. Only when this becomes current, others can even _think_ of nirvana. Without overflow of RoW's, both EB2-India and EB3-India cannot progress more than a day in every bulletin (at a average). EB3-Row moved a month and a half in Jan bulletin, which counts as a progress, however small, for everyone. That holds true -though not easy to intuit- for EB2-India as well!
EB1 ROW
|
|
EB1 India, China, Mexico, Phillipines
|
|
EB2 ROW
|
|
EB2 India, China, Mexico, Phillipines
|
|
EB3 ROW
|
|
EB3 India, China, Mexico, Phillipines
|
|
Recyle Bin (here are the visas we want to recapture)
Is the above flow correct?
It's a bit more complicated than that:
Law comes from three sources:
Comman Law: Laws inherited from the british justice system (evolved over centuries).
Legislative Law: Laws passed by congress and signed by the Prez.
Regulatory Law: Regulations created by the regulatory agencies to implement the laws made by congress. Congres doesn't always finalize all the details to the last comma and leaves that work the relevant government agency. For example, FCC, SEC create regulations about how the congress' laws are to implemented. These regulations have to conform the laws passed by congress. These regulations have the force of law.
So when congress did not stipulate any specific overflow mechanism, it left it completely up to USCIS to work that out.
Historically EB2-RoW overflowed to EB2-India and EB3-Row overflowed to EB3-India. Soon after EB3-RoW was retrogressed, USCIS channelled EB2-RoW to EB3-RoW. This is expected to continue till EB3-RoW becomes current itself.
Therefore, if you're looking for any progress in PD, whether EB2 or EB3, the key parameter you should be watching is EB3-RoW cut-off. Only when this becomes current, others can even _think_ of nirvana. Without overflow of RoW's, both EB2-India and EB3-India cannot progress more than a day in every bulletin (at a average). EB3-Row moved a month and a half in Jan bulletin, which counts as a progress, however small, for everyone. That holds true -though not easy to intuit- for EB2-India as well!
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imh1b
04-28 09:08 AM
Revitalizing the Golden State (http://www.americanprogress.org/issues/2011/04/revitalize_golden_state.html)
Florida Shouldn’t Make Arizona’s Mistake (http://www.americanprogress.org/issues/2011/04/fl_immigration.html)
Do legal immigrants have any such article? Do legal immigrants impact economy? How can we know that?
Florida Shouldn’t Make Arizona’s Mistake (http://www.americanprogress.org/issues/2011/04/fl_immigration.html)
Do legal immigrants have any such article? Do legal immigrants impact economy? How can we know that?
more...
thepaew
02-19 04:26 PM
My point was that it doesn't matter. It represents $1000/ per person, hardly enough to make a dent in poverty. We need sensible labor laws, a pro-business attitude, and that money will return to India.
Dude, I am sure a lot of that money in these accounts belongs to the same "Railbay Meeneester' you are talking about..
:D
Dude, I am sure a lot of that money in these accounts belongs to the same "Railbay Meeneester' you are talking about..
:D
hot DEGENERATION X “TVDX”
Lasantha
11-07 02:09 PM
Dude !!
FYI,
France <> Europe
Thanks for sharing your deep rooted pessimism, though
Keep up with your mission.. it helps :D
Cheers
I think he was only trying to help. No need to be mean.
FYI,
France <> Europe
Thanks for sharing your deep rooted pessimism, though
Keep up with your mission.. it helps :D
Cheers
I think he was only trying to help. No need to be mean.
more...
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optimystic
03-06 12:43 AM
^^ bump ^^
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jambapamba
07-13 06:54 PM
Jun 2007 was released after 5:30pm CST.
Around 9pm...
Around 9pm...
more...
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vedicman
05-12 09:32 AM
Prediction is as good as the data available. From previous discussions (EB2-EB3 predictions) - it was predicted to see movement based on the data available - well, I am guessing the data was incorrect and therefore predictions can never be close to being correct.
Sincerely hope that the efforts of this community is to seek for data that is largely correct. I guess, may be IV can ask for the inclusion of advising USCIS to release the correct data frequently in the CIR draft.
Sincerely hope that the efforts of this community is to seek for data that is largely correct. I guess, may be IV can ask for the inclusion of advising USCIS to release the correct data frequently in the CIR draft.
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desi485
11-18 06:31 PM
I did not invoke AC21 because of the very same reason. My decision had influence of attorney advise.
I must say Ron Rocks! See his post on his forums thread....
http://immigration-information.com/forums/showpost.php?p=24864&postcount=8
Hope this will help you to understand this issue further.
I must say Ron Rocks! See his post on his forums thread....
http://immigration-information.com/forums/showpost.php?p=24864&postcount=8
Hope this will help you to understand this issue further.
more...
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2006LC
08-26 09:47 PM
yes i paid full amount
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grupak
12-10 10:32 PM
Allowing AOS applications and benefits even when numbers are not current is an IV agenda. Of course AOS approval has to wait for PD to be current.
IV is for us all. Join a state chapter, get involved.
Contribute for omnibus.
IV is for us all. Join a state chapter, get involved.
Contribute for omnibus.
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lostinbeta
12-31 01:34 AM
Owned Dan... no, I think I became someones beeyotch in this battle...LOL.
But yes... next time you and I will OWN ALL!!!!!!!
:bad: :bad: :bad: :evil: :evil: :evil:
But yes... next time you and I will OWN ALL!!!!!!!
:bad: :bad: :bad: :evil: :evil: :evil:
tabletpc
08-06 09:46 AM
Lots of people are in this situation. Without a GC your professional life is screwed and with a GC your family life. Good Luck.
I totlaly agree with this. I am single too with PD DEC 2006. I have been in present job for almost 4 years. I ended up working for a non-profit oragnization on a non-cap H1b, which prevents me from transfering to private companies which need caped h1b( i din't knew about this when I took up the non-profit organization job). The only way for me to get into private company is to get a new H1b under cap which starts from Oct 2008. This time I planned properly and got an H1b approved. But to my shock and surprise EB2 dates moved to June 2006. I am now carefully watching the September EB2 dates. If it gets closer to Dec..I need to pull back the 485 as I don't think I can get marreid within 6 months due to family responsibality back home. If I withdraw my 485 application, I will lose the queue, money and since I plan to change job, the only benift I will be taking with me , is the PD date which I can later transfer if my next empyer does my GC. With a 2.5 year h1b left, I am hoping under worst situation, my next emplyer will sponcer my GC. This whole GC process is a pain in ***...!!!!
I totlaly agree with this. I am single too with PD DEC 2006. I have been in present job for almost 4 years. I ended up working for a non-profit oragnization on a non-cap H1b, which prevents me from transfering to private companies which need caped h1b( i din't knew about this when I took up the non-profit organization job). The only way for me to get into private company is to get a new H1b under cap which starts from Oct 2008. This time I planned properly and got an H1b approved. But to my shock and surprise EB2 dates moved to June 2006. I am now carefully watching the September EB2 dates. If it gets closer to Dec..I need to pull back the 485 as I don't think I can get marreid within 6 months due to family responsibality back home. If I withdraw my 485 application, I will lose the queue, money and since I plan to change job, the only benift I will be taking with me , is the PD date which I can later transfer if my next empyer does my GC. With a 2.5 year h1b left, I am hoping under worst situation, my next emplyer will sponcer my GC. This whole GC process is a pain in ***...!!!!
gotgc?
12-19 04:15 PM
1. If I-140 is not yet approved and withdrawn, you lose I-485/AP/EAD.
2. I am not sure why they cannot file a second I-140 based on PERM LC right away. Seems to be a no-brainer to me. Must be one of those lawyer things :)
http://www.hooyou.com/eb-1/faq.html
Q: Is it possible to file two petitions, such as an EB-1(a) and NIW, at the same time?
A: Yes. Some of our clients file two I-140 petitions simultaneously. Some clients file three I-140 petitions at the same time. There is nothing stated in the law that prohibits multiple filings. Multiple filings increase your chances of approval.
Thanks for your responses guys. Now I understand that once I withdraw my old I-140, my I-485 is gone.
Reg my question 2, I know that people file 1 in EB3 and second in EB2. Or after one is approved file another one with earlier PD LC. But, is it possible to apply for second I-140 in the same category (EB3) when another one is already pending? Have any one done this before?. Could you guys point me to some links?
I asked this question to my lawyer. No response yet. I would really appreciate your response.
2. I am not sure why they cannot file a second I-140 based on PERM LC right away. Seems to be a no-brainer to me. Must be one of those lawyer things :)
http://www.hooyou.com/eb-1/faq.html
Q: Is it possible to file two petitions, such as an EB-1(a) and NIW, at the same time?
A: Yes. Some of our clients file two I-140 petitions simultaneously. Some clients file three I-140 petitions at the same time. There is nothing stated in the law that prohibits multiple filings. Multiple filings increase your chances of approval.
Thanks for your responses guys. Now I understand that once I withdraw my old I-140, my I-485 is gone.
Reg my question 2, I know that people file 1 in EB3 and second in EB2. Or after one is approved file another one with earlier PD LC. But, is it possible to apply for second I-140 in the same category (EB3) when another one is already pending? Have any one done this before?. Could you guys point me to some links?
I asked this question to my lawyer. No response yet. I would really appreciate your response.