texcan
07-29 09:53 PM
It is best that you never be out of job. If you lose job, try to get one ASAP. It normally takes a month or two to get one if you work hard and try
Chandu and Gurus
I am curious to know how long can one stay out of job on an EAD. My case being 485 applied in july 2007 , 140 is already approved and its been about a year since 485 application.
So does the law says that one has to stay in employment or one can relax and take it easy for a little bit.
thanks in advance
-d
Chandu and Gurus
I am curious to know how long can one stay out of job on an EAD. My case being 485 applied in july 2007 , 140 is already approved and its been about a year since 485 application.
So does the law says that one has to stay in employment or one can relax and take it easy for a little bit.
thanks in advance
-d
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lskreddy
06-10 07:56 PM
Well, at least someone will benefit out of this.
I hope this is a precursor to something more broader..
I hope this is a precursor to something more broader..
fromnaija
10-09 11:52 AM
I initially volunteered to steer the Arizona chapter but my job schedule has changed so much and now involves a lot of in-country and overseas traveling. Would someone please lead this chapter? I will attend any of the chapter activities whenever I am in the country.
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svr_76
06-16 03:22 PM
hi,
I am going for an InfoPass appointment tomorrow and thought of asking the members is the following questions seem appropriate. I dont expect the officer to answer all/any of them..but just thought of listing them..incase I get lucky and get a helpful officer.
- Is my case with an IO desk?
- Since when is it with an IO desk?
- if and when my background check updated?
- is background check same as IBIS check? If not then is IBIS check complete?
- if and when my FBI name check completed?
- is review awaiting some response from external agency
(Consulate post/FBI/BCP)?
- If under "additional review" What kind of "additional review" is it under?
- Expected time-frame for the additional review to be complete?
- Is it being actively worked on or just assigned to an officer and not updates?
- Is it being transferred to other/local office? Is any interview being planned?
I am going for an InfoPass appointment tomorrow and thought of asking the members is the following questions seem appropriate. I dont expect the officer to answer all/any of them..but just thought of listing them..incase I get lucky and get a helpful officer.
- Is my case with an IO desk?
- Since when is it with an IO desk?
- if and when my background check updated?
- is background check same as IBIS check? If not then is IBIS check complete?
- if and when my FBI name check completed?
- is review awaiting some response from external agency
(Consulate post/FBI/BCP)?
- If under "additional review" What kind of "additional review" is it under?
- Expected time-frame for the additional review to be complete?
- Is it being actively worked on or just assigned to an officer and not updates?
- Is it being transferred to other/local office? Is any interview being planned?
more...
logiclife
06-01 06:33 PM
No, you cannot file for I-485 unless your PD is current. This is as per the current law.
Now, if comprehensive immigration bill passes and it has provision to allow filing of 485, then you can file 485 even if your PD is not current. It may take time for all that to materialize. You are looking at a minimum of 6 months for such a change to be actually in place where USCIS would allow you to file 485 and that is assuming that all goes well.
As to your priority date transfer, yes, with approved 140 and labor, if you go to another employer who starts your greencard from scratch, then you can use the priority date of your current GC process and "PORT IT" to your new GC process. You will, however, need to keep the 140 and labor alive at your old job if you are beyond the 6th year of H1 in order to obtain an H1 transfer or extension with new employer. So if you are already done with your initial 6 year term, then you will need co-operation of your current employer to prevent him from withdrawing your current labor and 140 - atleast until 365 days have passed with new PERM labor or atleast until your PERM and 140 is approved with new GC process.
Now, if comprehensive immigration bill passes and it has provision to allow filing of 485, then you can file 485 even if your PD is not current. It may take time for all that to materialize. You are looking at a minimum of 6 months for such a change to be actually in place where USCIS would allow you to file 485 and that is assuming that all goes well.
As to your priority date transfer, yes, with approved 140 and labor, if you go to another employer who starts your greencard from scratch, then you can use the priority date of your current GC process and "PORT IT" to your new GC process. You will, however, need to keep the 140 and labor alive at your old job if you are beyond the 6th year of H1 in order to obtain an H1 transfer or extension with new employer. So if you are already done with your initial 6 year term, then you will need co-operation of your current employer to prevent him from withdrawing your current labor and 140 - atleast until 365 days have passed with new PERM labor or atleast until your PERM and 140 is approved with new GC process.
waitingmygc
08-27 10:55 PM
If employer or attorney are not helpful then there are high chances that they are hiding something, may have communicated to you I-140 approved in EB-2 whereas in real EB-3. One of my friend already have experinced same problem, EB-3 instead of EB-2. His company is in Jersey and the name starts with N.
Another reason why employer is hiding (or don't want to share) suspecting that you can leave him.
Be careful and try some way (as suggested above) to know about your I-140. All the best.
Another reason why employer is hiding (or don't want to share) suspecting that you can leave him.
Be careful and try some way (as suggested above) to know about your I-140. All the best.
more...
cdeneo
03-26 10:01 PM
Why would an entry on AP not apply here?
also gap in employement when on AOS should not be a problem given GC is for future employment and as long as your employer can give an EVL when required with the necessary info. Right?
Have you gone out of the country and came back to USA on H1B visa after that ?
If so, you are safe. Status is checked from the last lawful entry into US ( entry using AP does not help).
also gap in employement when on AOS should not be a problem given GC is for future employment and as long as your employer can give an EVL when required with the necessary info. Right?
Have you gone out of the country and came back to USA on H1B visa after that ?
If so, you are safe. Status is checked from the last lawful entry into US ( entry using AP does not help).
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ghost
02-07 10:54 AM
Thanks for the update !
I am watching this... looks pretty interesting :)
and by this time all of you must have heard that Sen. Schumer is reaching out to Sen. Graham and Sen. Murkowski and other stakeholders to revive the legislation....please support IV lobbying plan in the first week of April by your presence or contribution or spreading the word! These things don't happen out of the blue - there is a strategy and methodical approach to everything IV does!
I am watching this... looks pretty interesting :)
and by this time all of you must have heard that Sen. Schumer is reaching out to Sen. Graham and Sen. Murkowski and other stakeholders to revive the legislation....please support IV lobbying plan in the first week of April by your presence or contribution or spreading the word! These things don't happen out of the blue - there is a strategy and methodical approach to everything IV does!
more...
skd
06-03 02:44 AM
then suggest what you like on text pkv
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aish_m04
11-21 12:46 AM
I am in the same situation as yours. Any update after the infopass appointment.
more...
needhelp!
10-09 01:41 PM
From our meet & greet last saturday:
GC Quiz:
Created For: Dallas Greet-Eat meet: 10/06/07 -- Immigration Voice
-----------------------------------------------------------------------------------------------------------------------------------------
What are the Pros and Cons of AOS and Consular Processing?
Explain the terms: Priority Date, I-140, 485, PERM, EB1, EB2, EB3, Country based quotas, Visa revalidation, EAD, Advanced Parole, Biometrics, Finger Printing.
You have not got your green card yet. What do you think what is preventing the system to give you the green card?
What is the importance of �Employment Letter� in AOS or consular filing stage?
What is AC21 law?
If CIR bill would have been passed and became the law what benefits (being an EB based applicant) you might have gained?
You are holding Masters Degree and had 8 years of experience before coming to USA and work for your first US based company then also your Green Card application was filed under EB3 category. Why?
What are RIR and regular processing for old Labor approval system?
Why Labor and are considered employer�s property and 485 Employee�s property?
What is the purpose of Labor approval process as a sub stage in Green Card Process?
Define the term Permanent Resident.
What would be your obligations as Permanent resident?
What is Visa Bulletin? And which agencies are involved in creating and publishing visa bulletin?
Explain different codes for Finger Printing process
You applied for your EB based 485 along with EAD and AP during July Fiasco. You have just received your EAD approval and Finger printing is also done. Your H1B Visa stamp in passport is expired. Your friend in Canada invites you to visit him for 29 days for a big celebration. Can you visit Canada? If no than explain us why and if yes than explain us which kind of immigration related documents you MUST keep with you while visiting.
Same question as above but for 31 days or longer visit.
What is the easiest way as a citizen of India for you to become permanent resident of USA? Choose only one. And explain your answer.
-Apply under family category
-Apply under employment based category
-Apply as Investor/entrepreneur (Start a business)
-Marry to a US citizen
�What is the best option: To work on H1B OR to work on EAD? And why?
�You applied for 485 in February 2007. You have received your approvals for EAD and AP by now but still you have chosen to work with your present employer on H1B Visa. You are getting a very good job offer which you do not want to loose. What strategy you would consider a best strategy so you get this new lucrative job and do not jeopardize your green card process.
�What historical part Immigration voice has played so far for streamlining EB based immigration?
�Which factors can jeopardize your Green Card in case of very long processing wait?
�You are a citizen of India. You came in USA on H1B visa in year 2000. Your employer filed your Green Card under EB3 � NON RIR category. Down the road your company filed the Green Card for your Pakistani colleague in year 2005 and in year 2006 November you came to know that your Pakistani colleague became permanent resident as his GC application approved. Upon hearing this news you get frustrated. What do you think why your Green card is not yet approved? What could be the reasons behind this long delay?
�What is the Maximum limit of Visa numbers applicable to Indian citizens under all EB categories?
�What is LIFE act? To which kind of Green Card applicants it can affect?
�Once you get Green Card. What will you do to retain it forever?
�What is Re-entry Permit?
�How long you can remain as permanent resident of USA?
GC Quiz:
Created For: Dallas Greet-Eat meet: 10/06/07 -- Immigration Voice
-----------------------------------------------------------------------------------------------------------------------------------------
What are the Pros and Cons of AOS and Consular Processing?
Explain the terms: Priority Date, I-140, 485, PERM, EB1, EB2, EB3, Country based quotas, Visa revalidation, EAD, Advanced Parole, Biometrics, Finger Printing.
You have not got your green card yet. What do you think what is preventing the system to give you the green card?
What is the importance of �Employment Letter� in AOS or consular filing stage?
What is AC21 law?
If CIR bill would have been passed and became the law what benefits (being an EB based applicant) you might have gained?
You are holding Masters Degree and had 8 years of experience before coming to USA and work for your first US based company then also your Green Card application was filed under EB3 category. Why?
What are RIR and regular processing for old Labor approval system?
Why Labor and are considered employer�s property and 485 Employee�s property?
What is the purpose of Labor approval process as a sub stage in Green Card Process?
Define the term Permanent Resident.
What would be your obligations as Permanent resident?
What is Visa Bulletin? And which agencies are involved in creating and publishing visa bulletin?
Explain different codes for Finger Printing process
You applied for your EB based 485 along with EAD and AP during July Fiasco. You have just received your EAD approval and Finger printing is also done. Your H1B Visa stamp in passport is expired. Your friend in Canada invites you to visit him for 29 days for a big celebration. Can you visit Canada? If no than explain us why and if yes than explain us which kind of immigration related documents you MUST keep with you while visiting.
Same question as above but for 31 days or longer visit.
What is the easiest way as a citizen of India for you to become permanent resident of USA? Choose only one. And explain your answer.
-Apply under family category
-Apply under employment based category
-Apply as Investor/entrepreneur (Start a business)
-Marry to a US citizen
�What is the best option: To work on H1B OR to work on EAD? And why?
�You applied for 485 in February 2007. You have received your approvals for EAD and AP by now but still you have chosen to work with your present employer on H1B Visa. You are getting a very good job offer which you do not want to loose. What strategy you would consider a best strategy so you get this new lucrative job and do not jeopardize your green card process.
�What historical part Immigration voice has played so far for streamlining EB based immigration?
�Which factors can jeopardize your Green Card in case of very long processing wait?
�You are a citizen of India. You came in USA on H1B visa in year 2000. Your employer filed your Green Card under EB3 � NON RIR category. Down the road your company filed the Green Card for your Pakistani colleague in year 2005 and in year 2006 November you came to know that your Pakistani colleague became permanent resident as his GC application approved. Upon hearing this news you get frustrated. What do you think why your Green card is not yet approved? What could be the reasons behind this long delay?
�What is the Maximum limit of Visa numbers applicable to Indian citizens under all EB categories?
�What is LIFE act? To which kind of Green Card applicants it can affect?
�Once you get Green Card. What will you do to retain it forever?
�What is Re-entry Permit?
�How long you can remain as permanent resident of USA?
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optimist578
03-18 12:34 PM
Info from http://www.govtrack.us/congress/bill.xpd?bill=h110-572
----Quoted from website -----------------
H.R. 572: Comprehensive Immigration Reform Commission Act of 2007
Status: Introduced
This bill is in the first step in the legislative process. Introduced bills go first to committees that deliberate, investigate, and revise bills before they go to general debate. The majority of bills never make it out of committee.
Sponsor: Rep. Edolphus Towns [D-NY] (no cosponsors)
Last Action: Jan 18, 2007: Referred to the House Committee on the Judiciary.
Bill Sponsorship & Cosponsorship Statistics:
Edolphus Towns has sponsored 90 bills since Jan 6, 1999, of which 88 haven't made it out of committee (Extremely Poor) and 0 were successfully enacted (Average, relative to peers). Towns has co-sponsored 2239 bills during the same time period (Exceedingly Many, relative to peers).
================================================== ====
How encouraging is that?
Have people seen the movie Legally Blonde 2? How the lead person lobbies for the Bruisser Bill ? Wish we could do sth like that.
---------------------------------------------------------------------
Still fighting on... $50 p.m. + Lobbying with local Representatives...
----Quoted from website -----------------
H.R. 572: Comprehensive Immigration Reform Commission Act of 2007
Status: Introduced
This bill is in the first step in the legislative process. Introduced bills go first to committees that deliberate, investigate, and revise bills before they go to general debate. The majority of bills never make it out of committee.
Sponsor: Rep. Edolphus Towns [D-NY] (no cosponsors)
Last Action: Jan 18, 2007: Referred to the House Committee on the Judiciary.
Bill Sponsorship & Cosponsorship Statistics:
Edolphus Towns has sponsored 90 bills since Jan 6, 1999, of which 88 haven't made it out of committee (Extremely Poor) and 0 were successfully enacted (Average, relative to peers). Towns has co-sponsored 2239 bills during the same time period (Exceedingly Many, relative to peers).
================================================== ====
How encouraging is that?
Have people seen the movie Legally Blonde 2? How the lead person lobbies for the Bruisser Bill ? Wish we could do sth like that.
---------------------------------------------------------------------
Still fighting on... $50 p.m. + Lobbying with local Representatives...
more...
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Munna Bhai
12-10 08:09 AM
Thanks for your response. Good to hear that I can file while I am outside the US.
Meanwhile, I was wondering if it expires due to (assume) my neglect... does that create issues or can I apply at a later date... this is just in case I forget !! Sorry !!
you are apply later but you can't work if you don't have EAD. Normally it is good to renew EAD so that it doesn't raise any flag. Hope this helps.
Meanwhile, I was wondering if it expires due to (assume) my neglect... does that create issues or can I apply at a later date... this is just in case I forget !! Sorry !!
you are apply later but you can't work if you don't have EAD. Normally it is good to renew EAD so that it doesn't raise any flag. Hope this helps.
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cal_dood
07-20 10:17 AM
in Mexico and Canada - though there may be a catch - they may not process a B1/B2 to H4. You'll have to find that out. Getting a appointment/emergency appointment in ur home country is the best bet.
more...
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Nil
07-21 09:50 AM
Very Potent topic.
During the downturn, company decided to dissolve local satellite office and have everyone in the region work from home.
DOL audited labor application asking 'why home and work addresses are the same: is the candidate related to employer?'
Go figure.
Lawyer mentioned there is no provision on the labor app form to indicate 'home office'. Also, in this case, where to do the labor for - the region where the professional is living or the main office (opposite coasts in my case) is unclear.
If the residing city is tested for labor, which is rational, how do you ensure 'the ad must be displayed at the workplace'?
What if DOL denies application due to lack of clarity on such issues?
IV leadership pls comment as possible.....
During the downturn, company decided to dissolve local satellite office and have everyone in the region work from home.
DOL audited labor application asking 'why home and work addresses are the same: is the candidate related to employer?'
Go figure.
Lawyer mentioned there is no provision on the labor app form to indicate 'home office'. Also, in this case, where to do the labor for - the region where the professional is living or the main office (opposite coasts in my case) is unclear.
If the residing city is tested for labor, which is rational, how do you ensure 'the ad must be displayed at the workplace'?
What if DOL denies application due to lack of clarity on such issues?
IV leadership pls comment as possible.....
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chvramana
04-23 01:57 PM
I�m in EB2 and My I-140 was approved September 2008 through Employer A. My priority date is March 2008. I moved to Employer B. My old Employer A will not revoke my I-140. He is ready to hire me again, If I want to go back. I am completing 5 years in January 2011.
It would be great if I get answer the below my Question:
1. Do I need to go back to my old employer A to apply my I-485. If yes is there any specific time period to go back to my old employer A.
2. If I stay with my current Employer B. will I get 6th extension and will my old priority date will be considered with new processs.
3. which one is best choice, like staying with employer B or going back to Employer A.
Thanks for your help.
Ram
It would be great if I get answer the below my Question:
1. Do I need to go back to my old employer A to apply my I-485. If yes is there any specific time period to go back to my old employer A.
2. If I stay with my current Employer B. will I get 6th extension and will my old priority date will be considered with new processs.
3. which one is best choice, like staying with employer B or going back to Employer A.
Thanks for your help.
Ram
more...
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ds37
07-16 10:50 AM
You need to hand over the I-94, only when leaving the country. No need to send it. If you didn't hand over, you need to send it. Always to have AP, if you want to go abroad or emergency travel, if your H1/H4 stamping in the passport is expired. USCIS prefer AP over other visa document when you come back from abroad (if you filed I-485).
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chanduv23
09-15 04:35 PM
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BPforGC
06-23 04:12 PM
Guys,
Lets focus energies on "Reuniting Families Act". Use this word. Its important. Visa recapture is part of it, but emphasize "FAMILY".
We need this bill and 350,000 VISAS that come with it. We have to make sure that those VISAs don't need to used 'per country' basis. Those VISAs must be distributed to whoever is in line, no matter which country they belong to.
IV core, please focus on this. We need this bill and all those recaptured VISAs can be used for anyone in the line, pre-adjudication complete and held-up because there is no VISA, irrespective of the changeability.
Lets focus energies on "Reuniting Families Act". Use this word. Its important. Visa recapture is part of it, but emphasize "FAMILY".
We need this bill and 350,000 VISAS that come with it. We have to make sure that those VISAs don't need to used 'per country' basis. Those VISAs must be distributed to whoever is in line, no matter which country they belong to.
IV core, please focus on this. We need this bill and all those recaptured VISAs can be used for anyone in the line, pre-adjudication complete and held-up because there is no VISA, irrespective of the changeability.
TeddyKoochu
01-24 10:20 AM
Based on the information available i am expecting EB2-I will get 8-12K visa this year (2011), unlike 20k last year (2010). Which means the PD will move as far as Nov-06 or Dec-06 the best this year.
No FB Spillover
High PERM approvals
Also porting may play a big role this year (EB3-ROW to EB2-ROW and EB3-I to EB2-I).
The high perm approvals are not translating into high I140 approvals refer to the completions on the dashboard also RFE's are on the rise. So we may still get the same spillover this year even without any kind if FB. The 485 approvals for both Eb1 and EB2 ROW are way down this year from last year on that website.
No FB Spillover
High PERM approvals
Also porting may play a big role this year (EB3-ROW to EB2-ROW and EB3-I to EB2-I).
The high perm approvals are not translating into high I140 approvals refer to the completions on the dashboard also RFE's are on the rise. So we may still get the same spillover this year even without any kind if FB. The 485 approvals for both Eb1 and EB2 ROW are way down this year from last year on that website.
acecupid
07-05 12:32 PM
I understand and appreciate people trying to do the whole flower thing, but I am not sure if it will work the way they expect it to.
I once worked in the admissions office at a very selective school. Applicants that didn't get selected resorted to such gimmicks (sending cards, presents, flowers to the dean of admissions), not sure what they expected - The dean to feel bad about his/the dept.'s decision and reconsider?
Anyway, one of my responsibilities was to screen the dept. mail, and sort out what was uselss and trash it.
Chances are, that is what will happen to the flowers sent to USCIS.
I don't mean to discourage anyone, but that money ($25-$40) you spend on flowers, could help IV a lot.
Thanks,
Hey we are doing what we believe in, so just shut up and dont discourage people.:mad:
I once worked in the admissions office at a very selective school. Applicants that didn't get selected resorted to such gimmicks (sending cards, presents, flowers to the dean of admissions), not sure what they expected - The dean to feel bad about his/the dept.'s decision and reconsider?
Anyway, one of my responsibilities was to screen the dept. mail, and sort out what was uselss and trash it.
Chances are, that is what will happen to the flowers sent to USCIS.
I don't mean to discourage anyone, but that money ($25-$40) you spend on flowers, could help IV a lot.
Thanks,
Hey we are doing what we believe in, so just shut up and dont discourage people.:mad:
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