gc_chahiye
12-04 12:57 AM
gc_chahiye, Thanks for your response. So, can I be on H1 with my current employer, A, and on EAD with my new employer, B, simultaneously?
Also, employer B might be able to start me on H1-B (my preference--just in case)--though as you said, B will have petition my new H1 for concurrent filing. My other option, of course, is to wait until Feb '08--though I'll miss out on a month's salary from B (not a biggie in order to not have any potential issues).
There are a few lawyers who say this is possible, but the majority consensus is that using EAD with even one employer invalidates your H1.
Dont worry about a months salary at this point. If you want to maintain H1, try to delay the H1 transfer a bit so that you complete as much of 180 days as possible with your current employer.
Also, employer B might be able to start me on H1-B (my preference--just in case)--though as you said, B will have petition my new H1 for concurrent filing. My other option, of course, is to wait until Feb '08--though I'll miss out on a month's salary from B (not a biggie in order to not have any potential issues).
There are a few lawyers who say this is possible, but the majority consensus is that using EAD with even one employer invalidates your H1.
Dont worry about a months salary at this point. If you want to maintain H1, try to delay the H1 transfer a bit so that you complete as much of 180 days as possible with your current employer.
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485Mbe4001
11-30 07:16 PM
does anyone have the bill number that was passed by clinton to recapture visas from previous years. i wanted to know who the sponsors for the bill were. if its was a simple bill maybe the state chapters can talk to their congresspeople about passing something similar in the interim. it will reduce the waiting time for everybody and it is certainly non controversial...just thinking aloud.
reachinus
12-19 03:31 PM
Question 1: If they do this, what will happen to my pending I-485, EAD & AP?
Ans: I think it will be rejected, since the 140 has been revoked.
Question 2: Lawyers are saying that they have to withdraw the LC Sub based I-140 because the job descriptions are different? Is it not possible to file a totally new I-140 and keep both of them pending?
Ans: Not sure if this is ture. There are so many people who filed in EB2 as well as EB3. Hope it will and should not be a problem. If possible do stick on to the old PD since with a 2003 LC u can get the GC 2 to 3 years earlier that the 2006. Its worth taking a risk I suppose. If the company can prove Ability to pay and your qualification matches that of the LC, then it should be ok. There is no point of withdrawing the old one.
The other option is the file the new 140 and after the approval then interfile 485 with the new and then have the old one withdrawn. If you withdraw the 140 then you will have to wait for a long long time to file ur 485 with 2006pd.
This is just my opinion. Use it at your own risk.
Ans: I think it will be rejected, since the 140 has been revoked.
Question 2: Lawyers are saying that they have to withdraw the LC Sub based I-140 because the job descriptions are different? Is it not possible to file a totally new I-140 and keep both of them pending?
Ans: Not sure if this is ture. There are so many people who filed in EB2 as well as EB3. Hope it will and should not be a problem. If possible do stick on to the old PD since with a 2003 LC u can get the GC 2 to 3 years earlier that the 2006. Its worth taking a risk I suppose. If the company can prove Ability to pay and your qualification matches that of the LC, then it should be ok. There is no point of withdrawing the old one.
The other option is the file the new 140 and after the approval then interfile 485 with the new and then have the old one withdrawn. If you withdraw the 140 then you will have to wait for a long long time to file ur 485 with 2006pd.
This is just my opinion. Use it at your own risk.
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Dj-Studios
06-01 04:55 PM
That's more like it. :P
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neo_ny
03-31 05:34 PM
Thanks everyone for your responses!
fromnaija
10-19 12:54 PM
thanks tom for the reply,
I have one more question what if i am applying for the 6th year extension ( have completed 5yrs already on H1B) can i still get 3yrs extension?
thanks
You can get a 3 year extension as long as you have an approved I140.
I have one more question what if i am applying for the 6th year extension ( have completed 5yrs already on H1B) can i still get 3yrs extension?
thanks
You can get a 3 year extension as long as you have an approved I140.
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sunny1000
12-11 12:52 PM
This will not affect retrogressed applicants since they cannot file concurrently anyways....
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JunRN
12-18 04:07 PM
no slow, no fast..just follow the rules of the game..
Yes, we follow the rules of the game. Who says we shouldn't?
All I am saying is let's put practicality into matter. USCIS IOs are human who make mistakes. If you put the IOs into situation where they can potentially make mistakes, then they can potentially make an error, be it to your advantage or not.
We've seen some cases where IOs are committing mistakes, haven't you? And aren't we learning from that or not?
At the end of the day, it is your choice. I have chosen my path. You have chosen yours. We both follow the rules of the game. Let's see each other at the finish line.
Yes, we follow the rules of the game. Who says we shouldn't?
All I am saying is let's put practicality into matter. USCIS IOs are human who make mistakes. If you put the IOs into situation where they can potentially make mistakes, then they can potentially make an error, be it to your advantage or not.
We've seen some cases where IOs are committing mistakes, haven't you? And aren't we learning from that or not?
At the end of the day, it is your choice. I have chosen my path. You have chosen yours. We both follow the rules of the game. Let's see each other at the finish line.
more...
abhijitp
11-20 05:19 PM
No. It is not from IV Core again. Once Core team makes their decision on this they will post it separately.
This is confusing.
In the meantime, IVMovies, please update your IV profile as Pappu requested in that thread.
This is confusing.
In the meantime, IVMovies, please update your IV profile as Pappu requested in that thread.
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EB3_SEP04
11-21 07:35 PM
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
This is USCIS memo, Read Que 5 on page 3.
Memo clearly says following things not be considered in deciding same/similar job:
- Wage difference
- Geographical location
- new employer's ability to pay (that's why it is absolutely fine if you work for your own/wife's company that started yesterday)
About a year ago, I changed job on EAD with 75% higher salary. at that time i had talked to a Sr attorney at Murthy.com and he had adviced me it is not a problem. (my 485 is still pending)
Only in the case where the new wage is simply unbelievable, it would be a problem (e.g. $20k or $450k for a s/w engg, beause there's noone who gets paid that much for that job)
So it's not the difference that would matter, it would be the absolute salary that could matter.
This is USCIS memo, Read Que 5 on page 3.
Memo clearly says following things not be considered in deciding same/similar job:
- Wage difference
- Geographical location
- new employer's ability to pay (that's why it is absolutely fine if you work for your own/wife's company that started yesterday)
About a year ago, I changed job on EAD with 75% higher salary. at that time i had talked to a Sr attorney at Murthy.com and he had adviced me it is not a problem. (my 485 is still pending)
Only in the case where the new wage is simply unbelievable, it would be a problem (e.g. $20k or $450k for a s/w engg, beause there's noone who gets paid that much for that job)
So it's not the difference that would matter, it would be the absolute salary that could matter.
more...
gcformeornot
10-19 06:40 AM
------------
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pappu
11-13 01:00 PM
A top national reporter wants to speak with someone in EB
community who may have recently lost his/her job due to current
economic situation. I think it would be best for our cause for someone
who was offered a new job possibly in the 'same or similar' area
immediately after losing their job. It would help to highlight that
the highly-skilled immigrants are in demand because of their skills
even when the economic situation is not doing well, but, there is no
reason to keep us in limbo for over a decade, merely to test our skill
level. There are better ways to test our skill level. If you or
someone you know fits this profile, kindly email your information and contact details to info at immigrationvoice.org
immediately.
The reporter will also highlight the housing angle and that we can
start new ventures that could potentially create new jobs to uplift
the economy.
This is a big opportunity as the interview from this reporter will be published in most big newspapers and on news websites. We need someone urgently today if possible.
===================
UPDATE FROM THE REPORTER
Actually, what I'm looking for is very broad -- anyone on a work permit
who is concerned about the current economic situation and job losses in
the U.S. economy.
==============
The reporter is trying to speak to immigrants waiting for their Greencards about their concerns about job security, if they have a plan B, if they've been pushed out in restructurings/layoffs and moved to a new job, etc, as they hear the layoffs this year are affecting such people, particularly in the
financial sector
====================
So I guess a lot of people on the forum will qualify. If you are good with interviews, pls contact asap.
community who may have recently lost his/her job due to current
economic situation. I think it would be best for our cause for someone
who was offered a new job possibly in the 'same or similar' area
immediately after losing their job. It would help to highlight that
the highly-skilled immigrants are in demand because of their skills
even when the economic situation is not doing well, but, there is no
reason to keep us in limbo for over a decade, merely to test our skill
level. There are better ways to test our skill level. If you or
someone you know fits this profile, kindly email your information and contact details to info at immigrationvoice.org
immediately.
The reporter will also highlight the housing angle and that we can
start new ventures that could potentially create new jobs to uplift
the economy.
This is a big opportunity as the interview from this reporter will be published in most big newspapers and on news websites. We need someone urgently today if possible.
===================
UPDATE FROM THE REPORTER
Actually, what I'm looking for is very broad -- anyone on a work permit
who is concerned about the current economic situation and job losses in
the U.S. economy.
==============
The reporter is trying to speak to immigrants waiting for their Greencards about their concerns about job security, if they have a plan B, if they've been pushed out in restructurings/layoffs and moved to a new job, etc, as they hear the layoffs this year are affecting such people, particularly in the
financial sector
====================
So I guess a lot of people on the forum will qualify. If you are good with interviews, pls contact asap.
more...
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kris04
07-09 07:38 PM
Hi,
My attorney received an EVL RFE for my I-485 case. My PD is 2007 EB3 so I don't have any hope of getting GC but I guess they are just pre-adjucating my case.
Here is my situation - I filed my !-485 in Aug 2007 and changed job (without filing any AC-21 paperwork with USCIS) in April 2008. My attorney had looked at new job description and given green signal for change. My entire immigration history of 10 years in US is totally clean with no gaps and with all work autorizations.
Now, my concern is that the letter that my attorney has prepared for my current employer to sign has lot of legal lingo (AC-21 language, lot of CFRs, info related to my LCA and I-140) and has some language to the effect of supporting my LCA and I-140 till my GC is approved. It also states that my current employer was able to afford to pay my salary since the LCA date. My employer is fortune 5 company so money wise there is no problem but my concern is that they may not want to sign such a lengthy (wordy) legal doc without consulting their Immi attorney. I don't have much time to respond (only 8 more days). So if my employer takes long time or tells me that they can not sign it, I want to be ready with Plan B. Can someone suggest what should I do?
1 - should I prepare a simple document with job duties, responsibilities, start date, salary etc that my employer will be willing to sign. So at last moment I can atleast get that signed. Something will be better than nothing.
2 - Should I / (bigger question is can I) ask USCIS to give me more time to respond to RFE?
3. Provide simple letter from employer with an affedavit or something stating that the new job is same / similar as the old job.
Sorry for a long post and thanks for any suggestions.
Hi,
Don't worry about this RFE, looks like your attorney is over reacting in responding to RFE, my close friend got a similar RFE last year when he used AC 21 without notifying USCIS and joined a new employer, he just responded to the RFE with the copy of the offer letter and a new standard HR letter provided for giving EVL letter for any purpose, but addressed to USCIS signed by an HR representative, upon the RFE response USCIS approved his I 485 within 15 days. USCIS is just trying to make sure you're currently employed and in the same profession, I think just getting the automated EVL and getting it signed by the HR plus your offer letter copy should be sufficient. I myself successfully used AC 21 , but by notifying USCIS after joining new employer and got my GC approved last year without any RFE.
Good Luck
Cheers
kris
My attorney received an EVL RFE for my I-485 case. My PD is 2007 EB3 so I don't have any hope of getting GC but I guess they are just pre-adjucating my case.
Here is my situation - I filed my !-485 in Aug 2007 and changed job (without filing any AC-21 paperwork with USCIS) in April 2008. My attorney had looked at new job description and given green signal for change. My entire immigration history of 10 years in US is totally clean with no gaps and with all work autorizations.
Now, my concern is that the letter that my attorney has prepared for my current employer to sign has lot of legal lingo (AC-21 language, lot of CFRs, info related to my LCA and I-140) and has some language to the effect of supporting my LCA and I-140 till my GC is approved. It also states that my current employer was able to afford to pay my salary since the LCA date. My employer is fortune 5 company so money wise there is no problem but my concern is that they may not want to sign such a lengthy (wordy) legal doc without consulting their Immi attorney. I don't have much time to respond (only 8 more days). So if my employer takes long time or tells me that they can not sign it, I want to be ready with Plan B. Can someone suggest what should I do?
1 - should I prepare a simple document with job duties, responsibilities, start date, salary etc that my employer will be willing to sign. So at last moment I can atleast get that signed. Something will be better than nothing.
2 - Should I / (bigger question is can I) ask USCIS to give me more time to respond to RFE?
3. Provide simple letter from employer with an affedavit or something stating that the new job is same / similar as the old job.
Sorry for a long post and thanks for any suggestions.
Hi,
Don't worry about this RFE, looks like your attorney is over reacting in responding to RFE, my close friend got a similar RFE last year when he used AC 21 without notifying USCIS and joined a new employer, he just responded to the RFE with the copy of the offer letter and a new standard HR letter provided for giving EVL letter for any purpose, but addressed to USCIS signed by an HR representative, upon the RFE response USCIS approved his I 485 within 15 days. USCIS is just trying to make sure you're currently employed and in the same profession, I think just getting the automated EVL and getting it signed by the HR plus your offer letter copy should be sufficient. I myself successfully used AC 21 , but by notifying USCIS after joining new employer and got my GC approved last year without any RFE.
Good Luck
Cheers
kris
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minimalist
11-07 03:31 PM
Friends,
One approach I can think is to meet officials and explain them to automatically disable the employers from doing so...An approved 140 should not be allowed to cancel, once 485 is filed and 180 days passed. This will stop the wastage of resources and help to improve efficiency for CIS. Is there a chance we can convince this??? more on the side of administrative fix???
How about making an official AC21 form (like we've AR11 for address change)? CIS can charge a small fees to file for AC21, it will guarantee candidates that their AC21 application has reached to CIS.
Thoughts?
Employer has to show that he can support all the employees that have an 140 pending. It cannot be attributed to being sadistic alone.
However, having an official AC21 process would be good.
One approach I can think is to meet officials and explain them to automatically disable the employers from doing so...An approved 140 should not be allowed to cancel, once 485 is filed and 180 days passed. This will stop the wastage of resources and help to improve efficiency for CIS. Is there a chance we can convince this??? more on the side of administrative fix???
How about making an official AC21 form (like we've AR11 for address change)? CIS can charge a small fees to file for AC21, it will guarantee candidates that their AC21 application has reached to CIS.
Thoughts?
Employer has to show that he can support all the employees that have an 140 pending. It cannot be attributed to being sadistic alone.
However, having an official AC21 process would be good.
more...
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desi485
09-11 05:07 PM
No I did not. Because my attorney did not ask me to do so. But, after I got my GC, they emailed me some instructions on what to do and what not to do. In that list they had this instruction to carry my GC with me all the time in BOLD.
So I got concerned and posted this which has resulted in a lot of hating and loathing. I am not understanding why is this my fault.
first of all congrates! I wish Goodluck to everyone waiting for GC....
Life after GC: These issues are already discussed on IV In detail.
Check it out - valuable info: http://immigrationvoice.org/forum/forum95-life-after-greencard/25349-life-after-gc-dos-and-donots.html
Check out the Official govt document for new immigrants:
Welcome to the United States - A Guide for New Immigrants
http://www.uscis.gov/files/nativedocuments/M-618.pdf
Enjoy your Green Card! and do Pray for good luck for all IV members :)
So I got concerned and posted this which has resulted in a lot of hating and loathing. I am not understanding why is this my fault.
first of all congrates! I wish Goodluck to everyone waiting for GC....
Life after GC: These issues are already discussed on IV In detail.
Check it out - valuable info: http://immigrationvoice.org/forum/forum95-life-after-greencard/25349-life-after-gc-dos-and-donots.html
Check out the Official govt document for new immigrants:
Welcome to the United States - A Guide for New Immigrants
http://www.uscis.gov/files/nativedocuments/M-618.pdf
Enjoy your Green Card! and do Pray for good luck for all IV members :)
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AlphaGC
03-06 11:27 PM
Let us get opinion of others on this. Should we write to law-makers to address this issue. Atleast these kids should not suffer. If they have got their most of the education here in US, they should be be given permnent residence before they go to college.
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glus
10-19 08:22 AM
USCIS officially released the information that total I-485 applications which were related to July VB fiasco before August 16, 2007 were 320,000. During the period, the USCIS received 400,000 anxillary applications (EAD and AP), and substantial number of concurrent I-140 petitions. All of these figures added upto 800,000. For the USCIS verification of this information, please Q&A between the USCIS and AILA as part of the Community Relations meeting on September 25, 2007. This has been made available today.
http://www.immigration-law.com/Canada.html
:):):):):):):D:D:D
Good to see "good news." It will take many many years for our dates to become current if there is no change in the law. So yes, it appears like some positive news, but without law being changed we are screwed anyway.
Regards,
http://www.immigration-law.com/Canada.html
:):):):):):):D:D:D
Good to see "good news." It will take many many years for our dates to become current if there is no change in the law. So yes, it appears like some positive news, but without law being changed we are screwed anyway.
Regards,
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pakrish
02-22 11:09 AM
http://www.washingtontimes.com/national/20070222-121742-6247r.htm
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iviviv
10-09 01:06 PM
No wonder Congress is not acting on any retrogession reform legislaiton because of only 100,000 backlogged cases. It would probably millions of cases before they took action.
Hope, they do take action!!!!
Hope, they do take action!!!!
bhavinkanani
10-12 10:08 AM
Hi
I am in 7th year of H1b now..last time my h1b was renewed dates were until April 2008. I went to india in Dec 2006 and came back in Jan 2007. My passport was expiring on Sept 29th 2007 so Immigration officer dated my I-94 until sept 29th 2007 and told me same thing that you can go to any port of entery or international airport and meet USCIS officer and extend your I-94 with your new passport. I waited until last moment and around sept 24th I went to USCIS officer on airport as well as on Port of Entry (called Deffered Inspection site). Both places got answer you need to file extention online because we only correct mistakes and this is not a mistake but it was case of passport expiration. I called my lawyer, my hr, my company lawyer. Everyone told me I cant work after 29th sept as my i-94 is expiring. Thats same as your H1 expiring. SO either leave country and comeback with new stamping or file new h1b. I ended up filing new H1b as i had only couple of days left before my I-94 would have expired. I have filed I-485 and ead and my I-140 is pending. My pd is Dec 2003. As per my lawyer I want be out of status as mY I-485 is pending but I will loose eligibility to work as I wont have any work authorization once my I-94 expires and dont have EAD approved on my hand. I hope this helps you.
I am in 7th year of H1b now..last time my h1b was renewed dates were until April 2008. I went to india in Dec 2006 and came back in Jan 2007. My passport was expiring on Sept 29th 2007 so Immigration officer dated my I-94 until sept 29th 2007 and told me same thing that you can go to any port of entery or international airport and meet USCIS officer and extend your I-94 with your new passport. I waited until last moment and around sept 24th I went to USCIS officer on airport as well as on Port of Entry (called Deffered Inspection site). Both places got answer you need to file extention online because we only correct mistakes and this is not a mistake but it was case of passport expiration. I called my lawyer, my hr, my company lawyer. Everyone told me I cant work after 29th sept as my i-94 is expiring. Thats same as your H1 expiring. SO either leave country and comeback with new stamping or file new h1b. I ended up filing new H1b as i had only couple of days left before my I-94 would have expired. I have filed I-485 and ead and my I-140 is pending. My pd is Dec 2003. As per my lawyer I want be out of status as mY I-485 is pending but I will loose eligibility to work as I wont have any work authorization once my I-94 expires and dont have EAD approved on my hand. I hope this helps you.
antihero
06-03 11:08 PM
Only God knows how CIS functions.
:confused:
:confused:
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