qplearn
10-04 10:45 AM
Go Back to India, get new passport, come back and start over again with new identity.
Kaka: YOu give brilliant advice. This person needs help!!!
Kaka: YOu give brilliant advice. This person needs help!!!
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ivuser
02-16 04:24 PM
Changing company after getting Green Card
I would like to discuss this important topic about changing company after getting Green Card (GC).
I do understand this topic was discussed in the past and lot of our members may have enough information about the topic. The reason why we need this new thread is to consolidate various immigration lawyers’ opinion in this matter, so that our members could take informed decision.
Question is how long one should work for the same company, through which they are getting the Green Card?
My Opinion:
Do not change job at least for 1 year. The law does not specify the duration for which you should work for the company through which you got the GC.
The official rule is that you must not have any preconceived intention to leave the job when you get your Green Card.
I am going to update various top lawyers opinion in the next section.
I would like to discuss this important topic about changing company after getting Green Card (GC).
I do understand this topic was discussed in the past and lot of our members may have enough information about the topic. The reason why we need this new thread is to consolidate various immigration lawyers’ opinion in this matter, so that our members could take informed decision.
Question is how long one should work for the same company, through which they are getting the Green Card?
My Opinion:
Do not change job at least for 1 year. The law does not specify the duration for which you should work for the company through which you got the GC.
The official rule is that you must not have any preconceived intention to leave the job when you get your Green Card.
I am going to update various top lawyers opinion in the next section.
Lasantha
02-07 03:19 PM
TIME TO COME OUT OF YOUR CLOSETS ???
Hmmm.. What are you implying Chandu??? :D
Hmmm.. What are you implying Chandu??? :D
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alex99
10-19 08:00 AM
To statr with,
let A=% of Indians among 3,20,000?
% of EB1 cases from A?
% of Eb2 cases from A
% of Eb3 cases from A
Any guesses......?
let A=% of Indians among 3,20,000?
% of EB1 cases from A?
% of Eb2 cases from A
% of Eb3 cases from A
Any guesses......?
more...
jung.lee
03-03 02:07 PM
Great..Thanks so much for your response. I will definitely consult an attorney as suggested by you, but your response gives me a ray of hope and clarifies quite a few things.
So, does this mean that same or similar job may not have any meaning? Because, now since I have an EAD, I can change my job in any field and then when my priority date becomes current, I will get my GC if no RFE occurs.
Also, does it also mean that once I have my I-140 approved and I-485 pending and also have my EAD, i don't need any kind of sponsoring or supporting documents from my new employer? I mean, can I apply to jobs that say Employer cannot sponsor a Visa or GC?
Thanks in advance.
I think "same or similar" job is common sense thing to keep in mind. You don't want to specialize in software architecture then switch to building construction architecture ;) Also remember that if you need an attorney to defend you, it will cost you more in money and peace of mind. So it is better to stick with what you know, if you know what I mean.
In answer to your question, no - you do not need any supporting documents from your new employer except in the case of filing an AC-21 letter which must come from your new employer. You also do not need to file an AC-21 right away. Taken another way, in other words, you can choose to have the AC-21 conversation with the new company after you have been with them for a few weeks and have a degree of comfort with them.
So you can apply to any jobs that say employers cannot sponsor visa or GC because you are not technically seeking their direct support for your pending I-485 adjustment. If they ask for proof of employability, present your EAD (formally called Form I-766) and you should be good to go. EAD Form I-766 is listed as a LIST A document on Form I-9. See item #4 on page 4 of this document:
http://www.uscis.gov/files/form/I-9.pdf
List A means you need only present this document for employment verification. You don't even need to show any other document such as passport, driver's license, old H1-B, etc.
So, does this mean that same or similar job may not have any meaning? Because, now since I have an EAD, I can change my job in any field and then when my priority date becomes current, I will get my GC if no RFE occurs.
Also, does it also mean that once I have my I-140 approved and I-485 pending and also have my EAD, i don't need any kind of sponsoring or supporting documents from my new employer? I mean, can I apply to jobs that say Employer cannot sponsor a Visa or GC?
Thanks in advance.
I think "same or similar" job is common sense thing to keep in mind. You don't want to specialize in software architecture then switch to building construction architecture ;) Also remember that if you need an attorney to defend you, it will cost you more in money and peace of mind. So it is better to stick with what you know, if you know what I mean.
In answer to your question, no - you do not need any supporting documents from your new employer except in the case of filing an AC-21 letter which must come from your new employer. You also do not need to file an AC-21 right away. Taken another way, in other words, you can choose to have the AC-21 conversation with the new company after you have been with them for a few weeks and have a degree of comfort with them.
So you can apply to any jobs that say employers cannot sponsor visa or GC because you are not technically seeking their direct support for your pending I-485 adjustment. If they ask for proof of employability, present your EAD (formally called Form I-766) and you should be good to go. EAD Form I-766 is listed as a LIST A document on Form I-9. See item #4 on page 4 of this document:
http://www.uscis.gov/files/form/I-9.pdf
List A means you need only present this document for employment verification. You don't even need to show any other document such as passport, driver's license, old H1-B, etc.
abh
07-31 02:07 PM
I need to cal USCIS and talk to CSR about our transfers. I looked for the thread with USCIS Button Sequence which gets directly to CSR. Can Anyone please post if for me?
Thanks
Thanks
more...
Libra
07-05 10:20 AM
Dugg 3 times:D
http://digg.com/politics/Door_to_getting_a_job_based_visa_closes_abruptly
http://digg.com/politics/Door_to_getting_a_job_based_visa_closes_abruptly
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ski_dude12
04-21 09:10 PM
Substitution is fair? How about the people who he cut off?
more...
Macaca
09-19 12:49 PM
Franklin, a Brit, flew from CA and worked 12+ hours/day for 3+ days.
Another Brit told me, after the rally, that her GC was approved some time back.
Another Brit told me, after the rally, that her GC was approved some time back.
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pash02
05-24 02:40 PM
Sent it from OH
more...
eb3India
04-04 02:23 PM
nobody complains about somebody getting green card getting in six months, infact I know somebody who got green card from india onmployment basis, the problem is people who have waited for 6 years or longer feels the pinch, because
they have followed the law just like the guy who got in 6 months , and they see no light at the end of the tunnel, and frustration to certain degree amounts to anger.
chilllllllll enjoy the system, this is how the system works, like it or not.
thanks
look I have been here for 10 years and I kick my self everyday for not getting card, if I played my cards right I should have been worrying about citizenship now :)
many of are here for good reasons of our own deed and situations which are beyound our control, 9/11, immigration politics etc. the best way to get around this either to follow some lope hole such as labor subst, L1 etc, or fight the system thru IV, or just simply wait,
complaining that someone else is getting greencard is nothing but childesh and I hate to say this as it comes from a "Highly educated" guy like who did is MS from US :D
they have followed the law just like the guy who got in 6 months , and they see no light at the end of the tunnel, and frustration to certain degree amounts to anger.
chilllllllll enjoy the system, this is how the system works, like it or not.
thanks
look I have been here for 10 years and I kick my self everyday for not getting card, if I played my cards right I should have been worrying about citizenship now :)
many of are here for good reasons of our own deed and situations which are beyound our control, 9/11, immigration politics etc. the best way to get around this either to follow some lope hole such as labor subst, L1 etc, or fight the system thru IV, or just simply wait,
complaining that someone else is getting greencard is nothing but childesh and I hate to say this as it comes from a "Highly educated" guy like who did is MS from US :D
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frankiesaysrelax
09-19 10:36 AM
.... was fantastic. With those numbers, it is not an easy task. The rally organizers made it look very easy. Smoooth.... I *Doff* to IV core and the organizers.
more...
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gc_buddy
07-08 02:21 PM
I don't think so. Atleast for E-filed applications, there are no instructions to send photo's. I did not send photos's last two times and had EAD approved.
You definitely need to send it even if you get BIOMETERICS
You definitely need to send it even if you get BIOMETERICS
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webm
11-19 10:41 AM
Guysssssss N Gals , I got it (I-485 approval) 10 minutes ago!!!!!!!!!!! NO RFE. Recent Luds were on I-140 / I-129 / I-131 ( Luds occered on 10/29 & 11/4) . Been in USA (F1, H1) since Aug 1997.
My case Details
EB3, India , PD Oct 2000(Sub.)
I-140 / I-485 RD : 2/2005
I-140 : AD 07/2005
4 EAD / 4 APs
Congrats!!! dude....You are set to free now!!!
Your PD is EB3, India , PD Oct 2000(Sub.) obviously they would have alloted Visa Number for you..as currently EB3 is MAY01..previously APR01..
My case Details
EB3, India , PD Oct 2000(Sub.)
I-140 / I-485 RD : 2/2005
I-140 : AD 07/2005
4 EAD / 4 APs
Congrats!!! dude....You are set to free now!!!
Your PD is EB3, India , PD Oct 2000(Sub.) obviously they would have alloted Visa Number for you..as currently EB3 is MAY01..previously APR01..
more...
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senthil1
08-05 09:37 PM
Last time Hillary introduced a bill for giving gc to spouses of gc persons. They rejected because republicans think it will add hundreds of thousands new immigrants. Basically they do not want to add new numbers. Best time is at the time CIR lobbying can be done
H1-H1 couple can support status of each other (H1-H4 or H4-H1)
H1-F1 couple can support each other (H1-H4 or F1-F2)
But
GC guy can't support status if H1 spouse lost job and became out of status
GC guy can't support status if F1 spouse becames out of status
GC guy can't bring spouse from home country
UNLESS SPOUSE/Kids goes through complete F2A visa process (several years)
It can make life of GC spouse miserable (of course GC guy also). Imagine GC-H1 marriage, H1 out of status after loss of job. After loss of status, H1 spouse has to return, but GC spouse will try to remain in USA for own status and in hope to bring spouse back after getting citizenship.
H1-H1 couple can support status of each other (H1-H4 or H4-H1)
H1-F1 couple can support each other (H1-H4 or F1-F2)
But
GC guy can't support status if H1 spouse lost job and became out of status
GC guy can't support status if F1 spouse becames out of status
GC guy can't bring spouse from home country
UNLESS SPOUSE/Kids goes through complete F2A visa process (several years)
It can make life of GC spouse miserable (of course GC guy also). Imagine GC-H1 marriage, H1 out of status after loss of job. After loss of status, H1 spouse has to return, but GC spouse will try to remain in USA for own status and in hope to bring spouse back after getting citizenship.
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willigetagc
08-14 11:26 AM
Dear IVans,
Now that the SEP VB is out, what does this indicate in terms of
- future VBs
- visa availability in the coming months
- awareness about visa wastage
- dates becoming current for most EB categories
- light at the end of tunnel for most of us
- USCIS efficiencies
Pls share your thoughts. Thanks!
We will know for sure after Sep 30. If they don't waste any visas then it is a good sign.
But if they do waste visas, inspite of all the leeway, requests, advise, whatever they have been given, then God help us.
Now that the SEP VB is out, what does this indicate in terms of
- future VBs
- visa availability in the coming months
- awareness about visa wastage
- dates becoming current for most EB categories
- light at the end of tunnel for most of us
- USCIS efficiencies
Pls share your thoughts. Thanks!
We will know for sure after Sep 30. If they don't waste any visas then it is a good sign.
But if they do waste visas, inspite of all the leeway, requests, advise, whatever they have been given, then God help us.
more...
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raj2fly4
07-17 10:58 AM
My and my employer talked to National Customer Service Center and they dont provide any information other than opening service requests. My employer asked her to connect him to an IO and she said she doesnt have authorization to do so. what the heck? Is there anyway to talk to an IO rather than the customer service rep. Please let me know if anyone has done that before and how they were able to get to them.
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pappu
11-13 06:01 PM
Have sent you an email
Got it. Thanks
Got it. Thanks
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LoungeActx
12-31 04:41 PM
all i have to say is: wow. both are great....but damn soul...awesome
sanju_dba
08-05 03:44 PM
I have question on comments from Kumar1
If 485 is denied does it mean your 140 approval is no longer valid?
I was always under the impression that I140 is a petition for immigration filed by the employer for the beneficiary while 485 is adjustment of status filed by the beneficiary on his/her own behalf.
If 140 approval does not remain valid then I agree with Kumar1 but if 140 remains valid then I guess the renewed H1B also should be valid as it is renewed on the basis of approved 140.
Can anyone throw some light on this?.... senior members..gurus..??
H1B extension beyond 6years is based on AOS Pending status ( you may have i-140 not approved yet ? ) ,
If 485 is denied does it mean your 140 approval is no longer valid?
I was always under the impression that I140 is a petition for immigration filed by the employer for the beneficiary while 485 is adjustment of status filed by the beneficiary on his/her own behalf.
If 140 approval does not remain valid then I agree with Kumar1 but if 140 remains valid then I guess the renewed H1B also should be valid as it is renewed on the basis of approved 140.
Can anyone throw some light on this?.... senior members..gurus..??
H1B extension beyond 6years is based on AOS Pending status ( you may have i-140 not approved yet ? ) ,
pointlesswait
03-16 01:31 PM
i ave been advocating that each section must be moderated... and ppl with incomplete info must not have access to
a.) secure sectiono of the forum.
b.) volunteer moderators must have limited access..like deleting/disabling profiles or posts..
i see too many bots and worms on this posts...
act now..else RIP for ever..;)
IMO, there could be unfortunate situations for anybody which may seem to be like one will go out-of-status. Best option is go to a good attorney. It is not cheap option but certainly it is best way to get things answered professionally within a specific time period. It will also prevent your case to be wide open on forums for any agency or anti-s to target you. You will also be protected by attorney client confidentiality agreements.
I saw some questions like "I am not working on H1B though I have visa. Or things like "I am not paid on bench. Is that alright". Does it need anybody to confirm that you could be out of status? Quite naive to ask that on forum.
Best option, do not violate any law intentionally. When we take so much care by not even jay-walking, we should be super careful about the immigration laws and statuses.
a.) secure sectiono of the forum.
b.) volunteer moderators must have limited access..like deleting/disabling profiles or posts..
i see too many bots and worms on this posts...
act now..else RIP for ever..;)
IMO, there could be unfortunate situations for anybody which may seem to be like one will go out-of-status. Best option is go to a good attorney. It is not cheap option but certainly it is best way to get things answered professionally within a specific time period. It will also prevent your case to be wide open on forums for any agency or anti-s to target you. You will also be protected by attorney client confidentiality agreements.
I saw some questions like "I am not working on H1B though I have visa. Or things like "I am not paid on bench. Is that alright". Does it need anybody to confirm that you could be out of status? Quite naive to ask that on forum.
Best option, do not violate any law intentionally. When we take so much care by not even jay-walking, we should be super careful about the immigration laws and statuses.
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