zCool
04-01 02:23 PM
Status got updated today 4/1 to approved notice sent
It was full 10 days after we replied RFE
It was full 10 days after we replied RFE
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munnu77
10-07 12:51 PM
Very sad. I just read it in CNN and came here.
unfortunate
unfortunate
roseball
12-02 11:48 PM
How many copies of RFE do they send? i mean do they only send one RFE notice to Attorney or do they send one RFE notice to Attorney and a copy to employer?? Can somebody tell me..
Only one copy is sent to the attorney.....If you applied under premium processing, USCIS faxes a copy to the attorney before mailing the RFE hardcopy....
Only one copy is sent to the attorney.....If you applied under premium processing, USCIS faxes a copy to the attorney before mailing the RFE hardcopy....
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man-woman-and-gc
03-03 01:38 PM
I should clarify that is "better" to have same or similar job when you are on EAD so that you labor certification-based green card application has a good standing if it is challenged at any point by the USCIS - it is a safe bet if you have a similar job. When I say it is not a necessary condition - it means that you can get any job you like, since there is nothing noted on the EAD application like it is on H1-B (with specific wage and job descrition) and if there is a challenge to your application by the USCIS, your attorney might be able to find reasons to justify why you are not in a same or similar job.
Again, to reiterate, as far as I remember, EAD renewal does not ask for job description. It is a simple application to issue an new card.
Since your I-140 has been approved for more than 6 months, you are within your legal portability rights (so called AC-21 clause) to switch employers without jeopardizing your pending adjustment of status "AOS" I-485.
My understanding is that one of two things might happen- either you will get an RFE or not. RFE can be triggered by many factors including notification from your previous employer to USCIS revoking the H1-B or other issues, including simple things like address changes. You can either provide AC-21 letter from your new employer when you get the RFE or do it proactively - listen to your attorney's advice on this.
If no RFE and priority date is current, you should get your GC as if nothing else happened. If priority date is current and at the time of GC adjudication there is an RFE, your attorney should be able to help you respond.
Don't sweat things too much - a lot of people have experienced life after the protective umbrella of H1-B and it is much nicer out here in the sun :)
Just get a good attorney to represent you personally in case your new emplyer does not have an immigration attorney on retainer for other immigrant employees.
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.
Again, to reiterate, as far as I remember, EAD renewal does not ask for job description. It is a simple application to issue an new card.
Since your I-140 has been approved for more than 6 months, you are within your legal portability rights (so called AC-21 clause) to switch employers without jeopardizing your pending adjustment of status "AOS" I-485.
My understanding is that one of two things might happen- either you will get an RFE or not. RFE can be triggered by many factors including notification from your previous employer to USCIS revoking the H1-B or other issues, including simple things like address changes. You can either provide AC-21 letter from your new employer when you get the RFE or do it proactively - listen to your attorney's advice on this.
If no RFE and priority date is current, you should get your GC as if nothing else happened. If priority date is current and at the time of GC adjudication there is an RFE, your attorney should be able to help you respond.
Don't sweat things too much - a lot of people have experienced life after the protective umbrella of H1-B and it is much nicer out here in the sun :)
Just get a good attorney to represent you personally in case your new emplyer does not have an immigration attorney on retainer for other immigrant employees.
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.
more...
sandy_anand
11-12 02:33 PM
I know Immigration voice is not for profit organization and it is doing a great job.
My intention is not to belittle IV, my intention is just to express my opinion as a user, most of the problem will be solved if the links are not shown to non members if they are not allowed to see the content.
I just saw your post in YouTube, it is very informative.
All the time that IV volunteers put in and the lobbying efforts don't come free. There is a cost associated with it. As tonyHK12, I'd rather trust IV and risk $25 a month than leave everything up to chance and hope. Just my 2 cents.
My intention is not to belittle IV, my intention is just to express my opinion as a user, most of the problem will be solved if the links are not shown to non members if they are not allowed to see the content.
I just saw your post in YouTube, it is very informative.
All the time that IV volunteers put in and the lobbying efforts don't come free. There is a cost associated with it. As tonyHK12, I'd rather trust IV and risk $25 a month than leave everything up to chance and hope. Just my 2 cents.
Drifter
04-06 11:44 AM
I have been a long time supporter of IV and all the work that IV does, I have been on this forum for for a while now and have always believed in the cause of IV and though I am not active on the forum for some time now I have actively taken part in a lot of the efforts that IV has undertaken and have contributed monetarily as well .
Besides the fact that IV can try to help members in extreme situations like the one I am in, IV is really the only organization that watches out for our community, it is all we have. We need to be an active part of it and should make it stronger.
Besides the fact that IV can try to help members in extreme situations like the one I am in, IV is really the only organization that watches out for our community, it is all we have. We need to be an active part of it and should make it stronger.
more...
sanju
04-04 02:09 PM
sanju, you said that right man.
Now you will see this thread die down as people who were complaining will simple stop posting in this thread and as always, our brother in arms will not participate by calling lawmakers. It seems that they are scared as if as soon as they would dial the lawmaker�s phone number, the cops standing outside their office will simple arrest them to deport before tonight. People, open your eye, we are in AMERICA. This is Democracy, you are expected to tell the lawmakers about your definition of fairness and how you have been treated unfairly. It is our responsibility to tell lawmakers about what is �unfair�. 100+435 men/women in DC want to listen, the only problem is we don't want to speak to them. Most of our fellow forum members think that simply whining on the forums will make the problem go away.
Now you will see this thread die down as people who were complaining will simple stop posting in this thread and as always, our brother in arms will not participate by calling lawmakers. It seems that they are scared as if as soon as they would dial the lawmaker�s phone number, the cops standing outside their office will simple arrest them to deport before tonight. People, open your eye, we are in AMERICA. This is Democracy, you are expected to tell the lawmakers about your definition of fairness and how you have been treated unfairly. It is our responsibility to tell lawmakers about what is �unfair�. 100+435 men/women in DC want to listen, the only problem is we don't want to speak to them. Most of our fellow forum members think that simply whining on the forums will make the problem go away.
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StarSun
08-18 09:41 AM
The conference call in details are as follows:
Time: 9:00 pm EST on Thursday, Aug 19, 2010.
Dial in: 1-712-432-3030
Code: 436964
Members are requested to post their questions on this thread or send the questions to IVCOORDINATOR@GMAIL.COM. Members have to be present for their question to be raised in the call. We should be able to accommodate 10-15 questions in this call.
Please join the conference at least 5-10 minutes early to notify me of your presence, and the questions will be taken up based on this order.
Future conference calls with the attorney on a regular basis will depend on a fair amount of participation tomorrow.
Time: 9:00 pm EST on Thursday, Aug 19, 2010.
Dial in: 1-712-432-3030
Code: 436964
Members are requested to post their questions on this thread or send the questions to IVCOORDINATOR@GMAIL.COM. Members have to be present for their question to be raised in the call. We should be able to accommodate 10-15 questions in this call.
Please join the conference at least 5-10 minutes early to notify me of your presence, and the questions will be taken up based on this order.
Future conference calls with the attorney on a regular basis will depend on a fair amount of participation tomorrow.
more...
ambals03
04-11 11:45 AM
$200 till ddate for texas IV chapter advocacy days...
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meridiani.planum
06-13 01:40 PM
You have to stick to Software Engineer field in order to take advantage of PD recapture. If you move to Business Development using MBA than its hard to justify same or similar. Find a new job which requires EB2 and show BS+5 to qualify.
Hope that helps!
good point. Having moved to bizdev when your LC is filed for software engineer is dicey... An RFE for employmeny-verification-letter could potentially raise questions..
OTOH PD recapture does NOT require you to be in the same/similar job.You can file a new LC for the bizdev position, and when filing I-140 request older PD is ported over. Then 'interfile' this new I-140 into the old one on your existing I-485.
Hope that helps!
good point. Having moved to bizdev when your LC is filed for software engineer is dicey... An RFE for employmeny-verification-letter could potentially raise questions..
OTOH PD recapture does NOT require you to be in the same/similar job.You can file a new LC for the bizdev position, and when filing I-140 request older PD is ported over. Then 'interfile' this new I-140 into the old one on your existing I-485.
more...
raj2fly4
07-12 03:59 PM
The customer rep said that I am in legal status pending my H1B petition. I heard about the 240 day rule. Through my research I learned that I can work and stay in U.S until 240 days of I-94 expiration. After 240 days I can not work, but can stay in U.S peding H1B petition. I am not sure how far this is correct. My companies attorney says that I have to wait or go through the senator to see if your case moves. Aren't we legal as the case is pending. Mysterious laws of USCIS to cover up their own faults.
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kirupa
04-02 12:20 AM
The voting part is currently over! Please read my earlier post, as some of the vote counts will be adjusted to remove votes from individuals who have the same/very similar IP as another voter for the same entry.
There seems to be a tie for 2nd place with three entries having 8 votes. Therefore, there will be some runoff voting as well.
Should be exciting :P
There seems to be a tie for 2nd place with three entries having 8 votes. Therefore, there will be some runoff voting as well.
Should be exciting :P
more...
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yabadaba
10-19 08:11 AM
India stats
Perm between 1/1/2006 and 10/1/2006 - 15007
China stats
Perm between 1/1/2006 and 10/1/2006 - 4152
ROW stats
Perm between 1/1/2006 and 10/1/2006 - 31638
Perm between 1/1/2006 and 10/1/2006 - 15007
China stats
Perm between 1/1/2006 and 10/1/2006 - 4152
ROW stats
Perm between 1/1/2006 and 10/1/2006 - 31638
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kumar4875
06-20 08:09 AM
I am in 9th year extension with priority date 09/2002.
My I-140 denied on 06/18/08n and immediately I485 also denied.:mad:
I have Visa vailid till Jan09.
1.If I change employer and able to get labor cleared before jan09 , can I apply for I140 PP and get H1B exension.
2.Is the Priority date transferrable if I change the employer?
My I-140 denied on 06/18/08n and immediately I485 also denied.:mad:
I have Visa vailid till Jan09.
1.If I change employer and able to get labor cleared before jan09 , can I apply for I140 PP and get H1B exension.
2.Is the Priority date transferrable if I change the employer?
more...
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GCIsLuck
10-05 02:31 PM
No relation between these IRS checks and 485 process
sssss.. lot of relief now.
well I got the tax guidelines aloong with the audit and it mentioned 3 years
sssss.. lot of relief now.
well I got the tax guidelines aloong with the audit and it mentioned 3 years
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lazycis
12-20 12:49 PM
My understanding is that I-140 has to be approved to interfile. That's how it used to be anyway (you could not file I-485 concurrently). Anyway, interfile is not automatic so why the lawyer cannot file a second I-140 is beyond my understanding. Interfile exists so that you do not have to refile I-485, but it's up to you whether you want to do it or not.
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janey6152
June 8th, 2004, 06:41 PM
Thanks all
I think i'll get the Nikon D70
I think i'll get the Nikon D70
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leo2606
08-18 10:23 AM
But marriage certificate from Indian Consulates can not be used for this purpose.Same case with birth certificates.
My sympathies to you.
However I don't understand how your wife and kids got depedendant visa. I don' think one can get a H4 or L2 visas with out marriage certificate first place, unless your wife came here on F1 visa here.
Anyway, You can apply marriage certificate with Indian Consulate. You may want to visit there with wedding pictures and passport there to get your certificate
My sympathies to you.
However I don't understand how your wife and kids got depedendant visa. I don' think one can get a H4 or L2 visas with out marriage certificate first place, unless your wife came here on F1 visa here.
Anyway, You can apply marriage certificate with Indian Consulate. You may want to visit there with wedding pictures and passport there to get your certificate
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Pineapple
12-16 01:46 PM
Thanks for clarifying..
meridiani.planum
04-03 06:44 PM
Thanks for the reply but how did you conclude 'Future AC21 Changes' will be retroactive?
again from the same Murthy article:
http://www.murthy.com/news/n_porret.html
When explaining the risk of potentially stricter AC21 regulations to I-485 applicants, we are frequently asked, "If I change jobs under AC21 and the regulations are released after that, they won't apply to me, right?" Unfortunately, this is not correct. While it is not possible to predict the content or effective date of any future regulations, they will likely apply at the time of adjudicating the I-485 application, and not just when the job change occurs. In a hypothetical example, if new regulations were to limit the percentage of acceptable salary difference, or prevent multiple portings, the officer adjudicating the I-485 could decide that the job change violates the regulations, even if the change occurred months or years before the new regulations were issued.
again from the same Murthy article:
http://www.murthy.com/news/n_porret.html
When explaining the risk of potentially stricter AC21 regulations to I-485 applicants, we are frequently asked, "If I change jobs under AC21 and the regulations are released after that, they won't apply to me, right?" Unfortunately, this is not correct. While it is not possible to predict the content or effective date of any future regulations, they will likely apply at the time of adjudicating the I-485 application, and not just when the job change occurs. In a hypothetical example, if new regulations were to limit the percentage of acceptable salary difference, or prevent multiple portings, the officer adjudicating the I-485 could decide that the job change violates the regulations, even if the change occurred months or years before the new regulations were issued.
rajuram
12-15 08:50 PM
Simple and Short - Unused visas go to the TRASH CAN.
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