nrk
07-20 10:43 AM
What is EB2-I please can you clarify. I am thinking EB2 is single entity.
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ivuser
02-16 04:27 PM
Murthy Law firm
Attorney : Shela Murthy
Page URL : http://www.murthy.com/485faq.html#13
Content:
Question 13 .
Can I leave my sponsoring employer once I get my green card? TOP
One may switch employers during the I-485 process if (a) the I-485 has been pending for over 180 days and is not yet adjudicated and (b) the offer of new employment is in the same or similar job. While the USCIS may use the description of the job duties from the DOT or the O*NET to determine similarity in jobs, they have verbally agreed that they may be willing to consider a broader definition in the future. Besides job title and description, the salary from the new employer would at least need to satisfy concerns regarding the public charge provisions and should be as closed to the amount listed on the labor certification as possible.
Clearly, the law before AC21 was passed in October 2000 required that a person continue working with the employer that sponsored the green card for at least 6 months to 1 year after obtaining the green card. Although AC21 allows the changing of employers if the I-485 is not adjudicated within 180 days, there is no change in the law with respect to the intention of the employer to offer and the employee to undertake "permanent," full-time work with the sponsoring employer for the job advertised. Keep in mind that a green card job offer is legally considered a future job offer. Therefore, the employee must have a good-faith intention to work for the employer after the green card is approved, and the employer must have a good-faith intention to employ the employee after the green card is approved. Even if one worked for the sponsoring employer for several years while pursuing the green card process, that would not count as future intent. Generally, 6 months to 1 year after obtaining the green card is a safe time period to change employment. Failure to stay at the sponsoring employer may result in problems at the naturalization stage!
Attorney : Shela Murthy
Page URL : http://www.murthy.com/485faq.html#13
Content:
Question 13 .
Can I leave my sponsoring employer once I get my green card? TOP
One may switch employers during the I-485 process if (a) the I-485 has been pending for over 180 days and is not yet adjudicated and (b) the offer of new employment is in the same or similar job. While the USCIS may use the description of the job duties from the DOT or the O*NET to determine similarity in jobs, they have verbally agreed that they may be willing to consider a broader definition in the future. Besides job title and description, the salary from the new employer would at least need to satisfy concerns regarding the public charge provisions and should be as closed to the amount listed on the labor certification as possible.
Clearly, the law before AC21 was passed in October 2000 required that a person continue working with the employer that sponsored the green card for at least 6 months to 1 year after obtaining the green card. Although AC21 allows the changing of employers if the I-485 is not adjudicated within 180 days, there is no change in the law with respect to the intention of the employer to offer and the employee to undertake "permanent," full-time work with the sponsoring employer for the job advertised. Keep in mind that a green card job offer is legally considered a future job offer. Therefore, the employee must have a good-faith intention to work for the employer after the green card is approved, and the employer must have a good-faith intention to employ the employee after the green card is approved. Even if one worked for the sponsoring employer for several years while pursuing the green card process, that would not count as future intent. Generally, 6 months to 1 year after obtaining the green card is a safe time period to change employment. Failure to stay at the sponsoring employer may result in problems at the naturalization stage!
sumansk
07-13 10:39 AM
GEESEE,
Please spread the word about the IV and let your friends also join it...The more the better...
Njoy the wealth of information on this website!!
Please spread the word about the IV and let your friends also join it...The more the better...
Njoy the wealth of information on this website!!
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kvsagar22
02-15 10:57 AM
I applied my first H1B extension through my company in June 2008. On 11th Feb, I received REF. I am very much tense about it. Since I am out of project. I got cleared my I 140 with this company in July 2008.
I applied H1B transfer(Normal process) also in October 2008 to other company . This one is still pending.
I am very much tense about my status. Please suggest me what to do?
Is it better to answer to RFE for first company?
or
Can I do PP with second company? or else any better thing?
Thanks
Vidya
I applied H1B transfer(Normal process) also in October 2008 to other company . This one is still pending.
I am very much tense about my status. Please suggest me what to do?
Is it better to answer to RFE for first company?
or
Can I do PP with second company? or else any better thing?
Thanks
Vidya
more...
phantomzoner
02-26 08:01 PM
I would suggest guys to not only try to contact pHDs you know but to post this message in other forums that might be frequented by international pHDs.
NolaIndian32
07-28 05:01 PM
If you sign the agreement, yes, it will be legally binding or as you put it "stand in court of law". Is the agreement written to only suit the purposes for the employer? Yes. Would I sign it? No.
You need to speak to an attorney. The language which ties to this employer until a project is completed might go against the "employment at will" law - not sure what the status is in NJ.
Once you complete a timesheet, an employer should pay you considering the timesheet is appropriate and not fraudulent. If the employer does not get paid by the client, that liability should not shift to you in terms of asking you pay back your paycheck.
I am not a lawyer (only a liaison to the legal eagles), please seek legal advise.
You need to speak to an attorney. The language which ties to this employer until a project is completed might go against the "employment at will" law - not sure what the status is in NJ.
Once you complete a timesheet, an employer should pay you considering the timesheet is appropriate and not fraudulent. If the employer does not get paid by the client, that liability should not shift to you in terms of asking you pay back your paycheck.
I am not a lawyer (only a liaison to the legal eagles), please seek legal advise.
more...
panky72
07-09 05:58 PM
“It has been an intractable wall we have been chipping away at for years, but this time, we feel they are convinced that there is a sound social security sytem in India,” the official said. If India succeeds in formalizing the pact, it will be only the second Asian country after South Korea to do so. Once signed, the US President will have to report the deal to the Congress with a report on the estimated number of individuals affected and its effect on the Social Security fund’s flows.
I don't think that India has any system comparable to social security so far. I wish they develop some kind of system though.
I don't think that India has any system comparable to social security so far. I wish they develop some kind of system though.
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piyu7444
04-05 06:15 PM
My I485 is pending, recently I have changed my address online. I also recieved confirmation letters for this address change.
After 2 weeks of address change, USCIS issued an RFE. I have not yet received it, but I just want to prepare for this.
What could be the reason for this RFE? Is it common?
People here have related change of address to RFE but I personally do not blv. it happens as I changed address 3 times and nuthing adverse happened.
Wait for the RFE. It could be something minor. Since you are eb1 they might need something related to your job/experience. Each RFE is different and no one can predict what it could be. I have seen that 80-90% RFE can be replied easily so dont worry. Post again when you have information on what USCIS is asking for and I am sure that somone out here will be able to help you out.
Good Luck.
After 2 weeks of address change, USCIS issued an RFE. I have not yet received it, but I just want to prepare for this.
What could be the reason for this RFE? Is it common?
People here have related change of address to RFE but I personally do not blv. it happens as I changed address 3 times and nuthing adverse happened.
Wait for the RFE. It could be something minor. Since you are eb1 they might need something related to your job/experience. Each RFE is different and no one can predict what it could be. I have seen that 80-90% RFE can be replied easily so dont worry. Post again when you have information on what USCIS is asking for and I am sure that somone out here will be able to help you out.
Good Luck.
more...
jliechty
June 14th, 2004, 12:33 AM
Not to throw more rocks into the gears here.. But unless the S2 has been updated (which I don't follow really), it was using the chip that was in the Nikon D1 I believe?
If that is such the case, ISO800 is noisy and you can't really shoot above that.
Disregard this if it is newer tech and I'm completely off base.
-- Matt
I don't recall reading anything about Nikon D1 tech being in the Fuji S2... noise seems related to the image capturing sensor and the electronics that follow. The S2 uses Fuji's SuperCCD (which stacks the pixels in a different pattern that allows for slightly better resolution in the "12" MP mode - which certainly doesn't come near the 1Ds, but some say it is better than the 6MP DSLRs, and no, I've not seen a S2 vs. 1DMKII comparison yet). What instead might actually "throw more rocks in gears" is that Thom mentions at the bottom of his review that he's heard more complaints about S2 reliability than other Nikon-based DSLRs, which is worse when one considers the fact that there aren't as many S2s out there as other Nikon DSLRs. It's a good camera image-quality wise, but it's expensive compared to other 6MP DSLRs, and there are questions about reliability. You pays your money and you takes your choice :)
If that is such the case, ISO800 is noisy and you can't really shoot above that.
Disregard this if it is newer tech and I'm completely off base.
-- Matt
I don't recall reading anything about Nikon D1 tech being in the Fuji S2... noise seems related to the image capturing sensor and the electronics that follow. The S2 uses Fuji's SuperCCD (which stacks the pixels in a different pattern that allows for slightly better resolution in the "12" MP mode - which certainly doesn't come near the 1Ds, but some say it is better than the 6MP DSLRs, and no, I've not seen a S2 vs. 1DMKII comparison yet). What instead might actually "throw more rocks in gears" is that Thom mentions at the bottom of his review that he's heard more complaints about S2 reliability than other Nikon-based DSLRs, which is worse when one considers the fact that there aren't as many S2s out there as other Nikon DSLRs. It's a good camera image-quality wise, but it's expensive compared to other 6MP DSLRs, and there are questions about reliability. You pays your money and you takes your choice :)
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tonyHK12
04-28 10:34 AM
Good idea.
What we need is:
1- A document about the economic impact legal immigrants are making (H1, L1, EAD etc). It should include estimates of Federal, state, SS tax and sales taxes. You can also include estimates how we can impact economy by buying houses. Use the research document used by another organization someone posted yesterday to understand how such documents are written. Get some number crunchers and people with good writing skills in your team. There was a google group created by GC_peshwa yesterday. I think this group could do such proactive work. Set your timelines and work on it. You can post updates of your group on the forum so that others know about it and can join if interested. Once you finish the document, it can be sent as a release and also sent to reporters and lawmakers.
2. This group can also work on your idea from the post by posting on other news sites.
...
I
Yes the illegal reporters do provide a lot of fodder and in most cases the data can be easily debunked. I'll check their documentation and how they do research along with other volunteers. Will also check gc_peshwa's group. In fact the census generally doesn't give immigration status, do thats worth checking.
I'll post back once I create a appropriately named google group.
Were you part of the call yesterday on the Filing I-485 when PD is not current....we do have plans like these...and take part.
I missed this, will join the future calls
What we need is:
1- A document about the economic impact legal immigrants are making (H1, L1, EAD etc). It should include estimates of Federal, state, SS tax and sales taxes. You can also include estimates how we can impact economy by buying houses. Use the research document used by another organization someone posted yesterday to understand how such documents are written. Get some number crunchers and people with good writing skills in your team. There was a google group created by GC_peshwa yesterday. I think this group could do such proactive work. Set your timelines and work on it. You can post updates of your group on the forum so that others know about it and can join if interested. Once you finish the document, it can be sent as a release and also sent to reporters and lawmakers.
2. This group can also work on your idea from the post by posting on other news sites.
...
I
Yes the illegal reporters do provide a lot of fodder and in most cases the data can be easily debunked. I'll check their documentation and how they do research along with other volunteers. Will also check gc_peshwa's group. In fact the census generally doesn't give immigration status, do thats worth checking.
I'll post back once I create a appropriately named google group.
Were you part of the call yesterday on the Filing I-485 when PD is not current....we do have plans like these...and take part.
I missed this, will join the future calls
more...
Maxine
03-31 04:42 PM
done...
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matreen
10-14 09:11 PM
So I am in some real mess ....
I married to a gal in 2007 during my visit to my home country but it did not work out b/w her and me due to some family reasons. (Not divorced just separated)
I came back to US in 2008 and applied for 485. My green card got approved and now my wife is in my home country and I am in US.
Now my wife and I have reconciled and I want to bring her to US.
Can I apply for her Green card and bring back to US ASAP w/o waiting for 5 years as I married before approval of my GC. I can get papers from my home country showing that I got married way before my GC approval.
I did not show at any stage in GC application that I was ever married. I thought the marriage is gone so why show it and now it could hurt me. I even dont remember if there was any question regarding marital status on 485 application.
Please help me other wise I would just have to cancel my GC and go back to H1 to bring my wife here. I cant leave her any more with our stupid relatives who might again break our marriage.
Please help , I am very desperate.
So I am in some real mess ....
I married to a gal in 2007 during my visit to my home country but it did not work out b/w her and me due to some family reasons. (Not divorced just separated)
I came back to US in 2008 and applied for 485. My green card got approved and now my wife is in my home country and I am in US.
Now my wife and I have reconciled and I want to bring her to US.
Can I apply for her Green card and bring back to US ASAP w/o waiting for 5 years as I married before approval of my GC. I can get papers from my home country showing that I got married way before my GC approval.
I did not show at any stage in GC application that I was ever married. I thought the marriage is gone so why show it and now it could hurt me. I even dont remember if there was any question regarding marital status on 485 application.
Please help me other wise I would just have to cancel my GC and go back to H1 to bring my wife here. I cant leave her any more with our stupid relatives who might again break our marriage.
Please help , I am very desperate.
So I am in some real mess ....
I married to a gal in 2007 during my visit to my home country but it did not work out b/w her and me due to some family reasons. (Not divorced just separated)
I came back to US in 2008 and applied for 485. My green card got approved and now my wife is in my home country and I am in US.
Now my wife and I have reconciled and I want to bring her to US.
Can I apply for her Green card and bring back to US ASAP w/o waiting for 5 years as I married before approval of my GC. I can get papers from my home country showing that I got married way before my GC approval.
I did not show at any stage in GC application that I was ever married. I thought the marriage is gone so why show it and now it could hurt me. I even dont remember if there was any question regarding marital status on 485 application.
Please help me other wise I would just have to cancel my GC and go back to H1 to bring my wife here. I cant leave her any more with our stupid relatives who might again break our marriage.
Please help , I am very desperate.
Get her on student visa immediatley until you figure out a way with good attorney's.
I married to a gal in 2007 during my visit to my home country but it did not work out b/w her and me due to some family reasons. (Not divorced just separated)
I came back to US in 2008 and applied for 485. My green card got approved and now my wife is in my home country and I am in US.
Now my wife and I have reconciled and I want to bring her to US.
Can I apply for her Green card and bring back to US ASAP w/o waiting for 5 years as I married before approval of my GC. I can get papers from my home country showing that I got married way before my GC approval.
I did not show at any stage in GC application that I was ever married. I thought the marriage is gone so why show it and now it could hurt me. I even dont remember if there was any question regarding marital status on 485 application.
Please help me other wise I would just have to cancel my GC and go back to H1 to bring my wife here. I cant leave her any more with our stupid relatives who might again break our marriage.
Please help , I am very desperate.
So I am in some real mess ....
I married to a gal in 2007 during my visit to my home country but it did not work out b/w her and me due to some family reasons. (Not divorced just separated)
I came back to US in 2008 and applied for 485. My green card got approved and now my wife is in my home country and I am in US.
Now my wife and I have reconciled and I want to bring her to US.
Can I apply for her Green card and bring back to US ASAP w/o waiting for 5 years as I married before approval of my GC. I can get papers from my home country showing that I got married way before my GC approval.
I did not show at any stage in GC application that I was ever married. I thought the marriage is gone so why show it and now it could hurt me. I even dont remember if there was any question regarding marital status on 485 application.
Please help me other wise I would just have to cancel my GC and go back to H1 to bring my wife here. I cant leave her any more with our stupid relatives who might again break our marriage.
Please help , I am very desperate.
So I am in some real mess ....
I married to a gal in 2007 during my visit to my home country but it did not work out b/w her and me due to some family reasons. (Not divorced just separated)
I came back to US in 2008 and applied for 485. My green card got approved and now my wife is in my home country and I am in US.
Now my wife and I have reconciled and I want to bring her to US.
Can I apply for her Green card and bring back to US ASAP w/o waiting for 5 years as I married before approval of my GC. I can get papers from my home country showing that I got married way before my GC approval.
I did not show at any stage in GC application that I was ever married. I thought the marriage is gone so why show it and now it could hurt me. I even dont remember if there was any question regarding marital status on 485 application.
Please help me other wise I would just have to cancel my GC and go back to H1 to bring my wife here. I cant leave her any more with our stupid relatives who might again break our marriage.
Please help , I am very desperate.
Get her on student visa immediatley until you figure out a way with good attorney's.
more...
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vardinishankar
03-02 01:57 PM
As far as i know-----
Answer to Q#10 :
Country Of Birth drives priority date and not Naturalized Citizenship.
So, if you were born in India then your priority date goes by India PD no matter what citizenship you currently have.
Thanks,
Krishna
Thank you Krishna. The question really is whether my Labor/I-140 approvals as Indian citizen can be used to continue the GC (to file the I-485) after I change my citizenship. Would you know about that?
Or, if a new GC process is restarted with a new employer, can the old priority date be re-used in the new GC process after citizenship has changed?
Thanks.
Answer to Q#10 :
Country Of Birth drives priority date and not Naturalized Citizenship.
So, if you were born in India then your priority date goes by India PD no matter what citizenship you currently have.
Thanks,
Krishna
Thank you Krishna. The question really is whether my Labor/I-140 approvals as Indian citizen can be used to continue the GC (to file the I-485) after I change my citizenship. Would you know about that?
Or, if a new GC process is restarted with a new employer, can the old priority date be re-used in the new GC process after citizenship has changed?
Thanks.
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gccovet
07-23 11:53 AM
Someone posted a link describing I-485 Standard Operating Procedures. It is very detailed and interesting to read. It even described color of paperclip to use, place it on left or right corner, how to fold papers, how to form group family cases, how to shelve and label them, etc. It also has a very detailed description on where to click on screen while working on cases. The link is:
http://www.ilw.com/seminars/august2002_citation2b.pdf
The document is dated year 2001 but may have been revised since. Contents of this doc suggest that cases are first reviewed following some work distribution method, original mailroom RD is used wherever receive date is to be entered (automatically generated RD might be different though). PD is not part of initial data entry. Cases are placed in order of PD ONLY after they have been pre-adjudicated (shelved as 'waiting for visa number availablity'). etc. etc.
There is also a expedite procedure for cases with children between 20 and 21 years, where files are hand transferred from desk to desk.
Very interesting to read.
Amazing! thank you sharing.
GCCovet.
http://www.ilw.com/seminars/august2002_citation2b.pdf
The document is dated year 2001 but may have been revised since. Contents of this doc suggest that cases are first reviewed following some work distribution method, original mailroom RD is used wherever receive date is to be entered (automatically generated RD might be different though). PD is not part of initial data entry. Cases are placed in order of PD ONLY after they have been pre-adjudicated (shelved as 'waiting for visa number availablity'). etc. etc.
There is also a expedite procedure for cases with children between 20 and 21 years, where files are hand transferred from desk to desk.
Very interesting to read.
Amazing! thank you sharing.
GCCovet.
more...
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boogie2007
04-18 02:55 PM
my I485 lud got updated today , but the case status is still showing pending, when i called the officer she said they dont know what is lud ? but she said the case is pending.. any idea what does it means when lud is updated does that mean the case is now ready to be assigned by officer ?????:confused:
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subba
02-05 12:40 PM
I have the same case and per my lawyer they should stamp for both I797's.
We will only know when for sure when the consulate actually does that as usual :-)
We will only know when for sure when the consulate actually does that as usual :-)
more...
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glus
01-25 08:12 AM
You have already violated your F1 status. You can not have a company apply for PERM & i140 while on F1 status, period. All that stuff of "it�s for a future position" or "you did not authorize the company to apply for I 140" is B.S. The only thing that matters is that F1 is not a dual intent visa, and initiating a immigrant process in your name (yes the PERM and I140 applications have your name on it meaning you authorized it) means you violated F1 status. You need to consult an attorney before you file for H1.
Your answer is incorrect as far as I know. Please do a little research before giving such answers.
G
Your answer is incorrect as far as I know. Please do a little research before giving such answers.
G
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santb1975
12-09 12:16 AM
and 2 years exp. listed. Why does EB2 require 5 years?. The Job description that was included during my LC had masters plus 2 years exp DOL audits have increased for small companies for sure
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desi3933
06-25 03:30 PM
I double checked with my attorney , either or AP or EAD usage will change your status, ie H1 is no more valid.
http://www.immigrationportal.com/archive/index.php/t-215457.html
http://www.immigrationportal.com/archive/index.php/t-215457.html
pappu
08-20 11:43 AM
Due to the economic downturn there aren't many companies sponsoring GCs for employees. I doubt it would be more than 20 to 30k per year from now. This leaves 100-110k visas available every year for retrogressed countries like india and china
if there 300-400k pending GC applications in all categories then shouldn't all of us get our GC in next 3-4 years?
This is wishful thinking. See the data for 2001-2003 when economy was not that good. We still have backlog from those years.
Country limit is EXCLUDED for employment based visa spill over. Read USCIS policy.
Marphad, Do not count on spillovers. Unless you are in EB2. Even in EB2, there will be few years of wait. If you are EB3, forget about gaining much from spillovers. Country caps, recapture, STEM exemption kind of provisions are the only hope. People need to focus on provisions rather than counting numbers, trackers and making excel sheets. It is a waste of valuable time you can use to do something constructive to alleviate the problem.
if there 300-400k pending GC applications in all categories then shouldn't all of us get our GC in next 3-4 years?
This is wishful thinking. See the data for 2001-2003 when economy was not that good. We still have backlog from those years.
Country limit is EXCLUDED for employment based visa spill over. Read USCIS policy.
Marphad, Do not count on spillovers. Unless you are in EB2. Even in EB2, there will be few years of wait. If you are EB3, forget about gaining much from spillovers. Country caps, recapture, STEM exemption kind of provisions are the only hope. People need to focus on provisions rather than counting numbers, trackers and making excel sheets. It is a waste of valuable time you can use to do something constructive to alleviate the problem.
pappu
05-31 01:43 PM
I have been banned too - simply because I raised the cause of international students and IV's duplicity in its stance, and that makes some GC-greedy members paranoid. :D
If this thread is about exposing people who have been banned, then so be it. We will reveal the details that we do not normally do. You have repeatedly used offensive language and several of your posts have been deleted in the past. If you want IV to focus on student's cause, then you will need to work on that effort. IV can offer a platform. You continue to post hateful messages against IV. IV is a platform and if you want to do something get students together on a platform, we will guide you. Just like we are helping people stuck in Perm Audits these days. But it is upto people who are stuck to take up the challenge and not expect someone else to do it for them and they will simply come to the site and pass judgments.
Just to give an example of one of of the emails you wrote to us when we sent you the newsletter about DC rally:
From:
"Siddharth Mishra" <mishra.siddharth@gmail.com>
SCREW U MOTHERFUCKERS, STAND UP FOR ALL INCLUDING THOSE WHO DIDN'T GET AN H-1 OR GO FUCK UR PRIVILEGED ASSES.MAY U NEVER SEE A GREEN CARD.FUCK U!
Now tell us why we should not take action against you?
If this thread is about exposing people who have been banned, then so be it. We will reveal the details that we do not normally do. You have repeatedly used offensive language and several of your posts have been deleted in the past. If you want IV to focus on student's cause, then you will need to work on that effort. IV can offer a platform. You continue to post hateful messages against IV. IV is a platform and if you want to do something get students together on a platform, we will guide you. Just like we are helping people stuck in Perm Audits these days. But it is upto people who are stuck to take up the challenge and not expect someone else to do it for them and they will simply come to the site and pass judgments.
Just to give an example of one of of the emails you wrote to us when we sent you the newsletter about DC rally:
From:
"Siddharth Mishra" <mishra.siddharth@gmail.com>
SCREW U MOTHERFUCKERS, STAND UP FOR ALL INCLUDING THOSE WHO DIDN'T GET AN H-1 OR GO FUCK UR PRIVILEGED ASSES.MAY U NEVER SEE A GREEN CARD.FUCK U!
Now tell us why we should not take action against you?
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