ivuser
02-16 04:40 PM
CMCN
Page URL : http://www.cmcn.ab.ca/gettinggreencard.php
Content :
Job switch after getting Green Card!?
Question:
My question is: Can a person switch the job once (s)he gets his Immigration Stamp? If not then what is the period of time for changing the job after immigration stamp. Note that he is currently on H1B and waiting for Immigration Interview.
Answer:
The official rule (which IMHO has not changed with the passage of AC21) is that you must not have any preconceived intention to leave the job when you get your Green Card. (Your friend clearly does :-( ) In general, working for the company for one year after getting the GC is normally considered sufficient.
If he can't stand the thought of a whole other year at the company, then he should withdraw his consular processing and switch to adjustment of status within the US. 180 days after his AOS is filed, he can take advantage of AC21 and switch jobs, providing he remains in the same field. Of course, the downside is that it'll be an extra year or more before he actually gets his GC.
I doubt such a "rule" would be enforceable after AC21 for people getting greencard thru the lengthy I-485 process. It makes no sense that someone in the I-485 for more than 180 can change job while still getting the greencard, while someone with the greencard can't change jobs after waiting for so long on the I-485. A federal judge would certainly dismiss such case.
I wouldn't speak so soon. We already have an analogous situation with marriage: if you divorce three years and six months into a marriage, do you get to keep your Green Card? Not if the processing took between 18 months and two years. If it was more than two years, you are home and dry because you got a full GC; but if you get your GC even one day before your second wedding anniversary, it's conditional on you staying married for another full two years (with a few exceptions for domestic violence etc.)
So although I agree the situation is iniquitous, we already have a close analogue enshrined and clear in law. Could it survive a challenge under the 14th Amendment? Maybe not, but nobody (to my knowledge) has ever tried.
Page URL : http://www.cmcn.ab.ca/gettinggreencard.php
Content :
Job switch after getting Green Card!?
Question:
My question is: Can a person switch the job once (s)he gets his Immigration Stamp? If not then what is the period of time for changing the job after immigration stamp. Note that he is currently on H1B and waiting for Immigration Interview.
Answer:
The official rule (which IMHO has not changed with the passage of AC21) is that you must not have any preconceived intention to leave the job when you get your Green Card. (Your friend clearly does :-( ) In general, working for the company for one year after getting the GC is normally considered sufficient.
If he can't stand the thought of a whole other year at the company, then he should withdraw his consular processing and switch to adjustment of status within the US. 180 days after his AOS is filed, he can take advantage of AC21 and switch jobs, providing he remains in the same field. Of course, the downside is that it'll be an extra year or more before he actually gets his GC.
I doubt such a "rule" would be enforceable after AC21 for people getting greencard thru the lengthy I-485 process. It makes no sense that someone in the I-485 for more than 180 can change job while still getting the greencard, while someone with the greencard can't change jobs after waiting for so long on the I-485. A federal judge would certainly dismiss such case.
I wouldn't speak so soon. We already have an analogous situation with marriage: if you divorce three years and six months into a marriage, do you get to keep your Green Card? Not if the processing took between 18 months and two years. If it was more than two years, you are home and dry because you got a full GC; but if you get your GC even one day before your second wedding anniversary, it's conditional on you staying married for another full two years (with a few exceptions for domestic violence etc.)
So although I agree the situation is iniquitous, we already have a close analogue enshrined and clear in law. Could it survive a challenge under the 14th Amendment? Maybe not, but nobody (to my knowledge) has ever tried.
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Canadian_Dream
10-19 03:42 PM
Not really, broadly speaking lack of information can never be a benefit to consumer. (Read: hidden clauses in agreements). It might be that they have been doing that and we don't know. You will ONLY know if you apply for another H1B transfer or any other application say I-140/I-485 with new employer and then USCIS MIGHT tell you that your I-140 is revoked on MM/DD/YYYY and you are no longer in valid H1B status since then. That would be too late and it is not retroactive. Remember that onus is on you to maintain valid H1B status all the time during the period of H1B. Once again I am not saying what I mention above is the correct interpretation of law, but in the absence of any clarify it can be one of the implication.
then it is to our benefit that they dont clarify it for as long as possible, bec normally any decisions are not retroactive but only for cases going forward.
then it is to our benefit that they dont clarify it for as long as possible, bec normally any decisions are not retroactive but only for cases going forward.
sanjay02
04-15 06:11 PM
Hi meridiani.planum
Was your I-140 approved? In my case I have I-140 approved and have moved to another job with EAD but havent informed my old employer ,so now my question is if he revokes I-140 will it affect my GC at the I-1485 stage?
I havent sent the notice to USCIS yet.
Was your I-140 approved? In my case I have I-140 approved and have moved to another job with EAD but havent informed my old employer ,so now my question is if he revokes I-140 will it affect my GC at the I-1485 stage?
I havent sent the notice to USCIS yet.
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HateIV
05-30 04:42 PM
I got this while I tried to login to my account.
Is it because I did not pay any donations? It seems to me that the admins are after money than anything else and hence I never paid.
You have been banned for the following reason:
No reason was specified.
Date the ban will be lifted: Never
Is it because I did not pay any donations? It seems to me that the admins are after money than anything else and hence I never paid.
You have been banned for the following reason:
No reason was specified.
Date the ban will be lifted: Never
more...
MerciesOfInjustices
02-26 03:42 PM
Folks,
why not get Jagadish Tytler involved? He's the man to go to.
See this link : http://www.jagdishtytler.com/pheld.htm
He has his contact info on his website as well.
Address (Resi): 9, Thyagaraj Marg, New Delhi
Phone No. : 23015056 (Residence) 23018596, 23012219, 23013386 (Office)
Mobile No. : 9811044164
Email address : writeme@jagdishtytler.com
Guys, didn't he quit after he was indicted in the 1984 riots? I am not really absolutely certain but I think somebody else is running the NRI ministry!
why not get Jagadish Tytler involved? He's the man to go to.
See this link : http://www.jagdishtytler.com/pheld.htm
He has his contact info on his website as well.
Address (Resi): 9, Thyagaraj Marg, New Delhi
Phone No. : 23015056 (Residence) 23018596, 23012219, 23013386 (Office)
Mobile No. : 9811044164
Email address : writeme@jagdishtytler.com
Guys, didn't he quit after he was indicted in the 1984 riots? I am not really absolutely certain but I think somebody else is running the NRI ministry!
javadeveloper
03-09 04:24 PM
Thanks for responding.I thought it's easy in India as we can directly go to passport office & get it in a day.
more...
anilsal
12-01 09:30 AM
web site http://hammondlawgroup.blogspot.com/
3. Some GOP members do not want any appropriations measures � including the 12,000-15,000 band-aid or a more robust SKIL Bill � attached to any appropriations bill. In other words, they want to pass a Continuing Resolution (CR) and then they just want to go home. The CR effectively extends the funding for the Iraq War into the New Year and then lets the next Congress deal with it.
Am I surprised with this?
3. Some GOP members do not want any appropriations measures � including the 12,000-15,000 band-aid or a more robust SKIL Bill � attached to any appropriations bill. In other words, they want to pass a Continuing Resolution (CR) and then they just want to go home. The CR effectively extends the funding for the Iraq War into the New Year and then lets the next Congress deal with it.
Am I surprised with this?
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snathan
01-26 04:17 PM
If your kids have SSN then you will probably get around 1200, from my guess. I am sure you will not get for your spouse, for lack of SSN.
Every one needs to have SSN to get the stimulas. Otherwise its going to Gandhi's Account.
Every one needs to have SSN to get the stimulas. Otherwise its going to Gandhi's Account.
more...
LostInGCProcess
09-17 12:23 PM
LostInGCProcess,
Thanks much for the information, I have posted a message there, hope he will provide some guidance to relieve me from this stress and pain :(
tv25, call them and talk!!!!
Don't waste your precious time and screw up later...shed some $$$, it would be pace of mind for you once you sort this out. Don't post questions and expect your problem would be solved by some answers. Take steps now...your time is ticking buddy!!!:mad:
Thanks much for the information, I have posted a message there, hope he will provide some guidance to relieve me from this stress and pain :(
tv25, call them and talk!!!!
Don't waste your precious time and screw up later...shed some $$$, it would be pace of mind for you once you sort this out. Don't post questions and expect your problem would be solved by some answers. Take steps now...your time is ticking buddy!!!:mad:
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tonyHK12
11-15 01:30 PM
Dude, I have also donated to IV but i am not sure why that "donor" doesn't come next to my name. I wish everyone donates atleast $25 to support IV and for you "tonyHK12" stopping being a Jerk and accusing people as being attackers (when you don't know about anyone), if you need to encourage people to donate start a new thread and direct people to the new thread.
Well its good you decided to join as a Donor. You will understand if I am obligated to call you a "Jerk" as well, since you started it. Lets instead behave like mature adults and not fight among ourselves.
People who can afford to donate, please go ahead and donate.
People who cannot afford to donate, dont worry and donate when you can.
Yes agreed. most of us do earn just an average salary, including myself.
Well its good you decided to join as a Donor. You will understand if I am obligated to call you a "Jerk" as well, since you started it. Lets instead behave like mature adults and not fight among ourselves.
People who can afford to donate, please go ahead and donate.
People who cannot afford to donate, dont worry and donate when you can.
Yes agreed. most of us do earn just an average salary, including myself.
more...
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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d123
10-04 11:16 AM
Its true.. Unless you want to change Lawyer.
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kanvenk
01-23 01:32 PM
Hi,
Just wondering about CIR and/or SKIL Set, When are they coming to Senate for discussion.
Any thoughts?
Thanks.
Just wondering about CIR and/or SKIL Set, When are they coming to Senate for discussion.
Any thoughts?
Thanks.
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forgerator
05-27 06:26 PM
Good joke :)
I totally agree. Good joke indeed.
Agreed that they are humans. Disagree that they are doing their best. I have worked in a government agency part-time on OPT here in the US, and let's just say, more than half the time is spent away from desk, and outside buildings for smoke/coffee breaks. IT Projects that should not take more than a month or two to finish, linger on for years.
I totally agree. Good joke indeed.
Agreed that they are humans. Disagree that they are doing their best. I have worked in a government agency part-time on OPT here in the US, and let's just say, more than half the time is spent away from desk, and outside buildings for smoke/coffee breaks. IT Projects that should not take more than a month or two to finish, linger on for years.
more...
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maverick80
02-05 07:22 PM
Help!!
Is any company filing new PERM applications in this economy? I was told that my current company (a really big one at that) is holding off PERMs indefinitely because we had some layoffs- indefinitely!
My H1 runs out in Oct 2010, and I heard that I have only till end of Nov 2009 (including what I found out is called recapture time) to file.
Now, I found out that my company have do newspaper/online ads for positions to demonstate that they tested the labor market etc etc (all stuff that I heard from the attorney), and I got the impression that she has no idea when they are going to do this and start filing again, and I got something like a best of luck look from her. I am freaked out now.
Any of you out there know if any companies are still filing PERMs? I am on a EB-2 in Software.
Also, if I join a new company, can I file a PERM immediately? Or is it just best of luck to me?
Looks like I have to look into a Canada visa / Australian or UK visa or better go back and spend sometime in India. Any thoughts from any of you more enterprising folks out there? I have little knowledge of the process (my fault!) but I am stressed and freaked now.
Is any company filing new PERM applications in this economy? I was told that my current company (a really big one at that) is holding off PERMs indefinitely because we had some layoffs- indefinitely!
My H1 runs out in Oct 2010, and I heard that I have only till end of Nov 2009 (including what I found out is called recapture time) to file.
Now, I found out that my company have do newspaper/online ads for positions to demonstate that they tested the labor market etc etc (all stuff that I heard from the attorney), and I got the impression that she has no idea when they are going to do this and start filing again, and I got something like a best of luck look from her. I am freaked out now.
Any of you out there know if any companies are still filing PERMs? I am on a EB-2 in Software.
Also, if I join a new company, can I file a PERM immediately? Or is it just best of luck to me?
Looks like I have to look into a Canada visa / Australian or UK visa or better go back and spend sometime in India. Any thoughts from any of you more enterprising folks out there? I have little knowledge of the process (my fault!) but I am stressed and freaked now.
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05-24 12:56 PM
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av2004
05-30 11:30 PM
HateIV,
If you think donations are a requirement to be the members, I have not paid IV a dime so far. Donating is not the only way to help IV. For example there is a call campaign, where you can call and leave a message as a fellow future immigrant. You can help IV that way. Please note that we are all here to have our collective voice heard by the USCIS and the government so that the immigration processes can be expedited. A whole lot of others come here to pose questions for their tricky or troubled situations and get help from the experienced. It seems that all you need to have is a civil tongue to not be banned. Is that tough to do? Even on a public Web site like this? What other choice do you leave to the administrators if that is the case?
So, please be a good samaritan and try to help others if you can OR get help from others. Otherwise, I don't see a point in being a member here.
av2004
If you think donations are a requirement to be the members, I have not paid IV a dime so far. Donating is not the only way to help IV. For example there is a call campaign, where you can call and leave a message as a fellow future immigrant. You can help IV that way. Please note that we are all here to have our collective voice heard by the USCIS and the government so that the immigration processes can be expedited. A whole lot of others come here to pose questions for their tricky or troubled situations and get help from the experienced. It seems that all you need to have is a civil tongue to not be banned. Is that tough to do? Even on a public Web site like this? What other choice do you leave to the administrators if that is the case?
So, please be a good samaritan and try to help others if you can OR get help from others. Otherwise, I don't see a point in being a member here.
av2004
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pappu
10-06 01:00 PM
From Matthew Oh Website:http://www.immigration-law.com/
Dr. Emilio Gonzalez has just released the latest statistics of the USCIS backlog elimination status. The statistics show number of pending cases by different causes as follows:
Total Pending Cases: 1,131,333
Cases Pending Customer Follow-Up Action: 200,828
RFE or Fault in Initial or Other Required Documentation: 187,457
Others: 13,371
Cases Affected by Limits on Annual Immigration such as Retrogression: 793,722
Family Based Cases: 682,936
Employment-based or Other: 110,786
Cases Pending Other Agency Action: 136,763
4,905: Other Agencies Investigation Result Waiting
130,091: Interview Completed but Waiting for Name Check Clearance
Do these numbers agree with what we at IV have been estimating? Was surprised to note that only 110,786 cases were affected by retrogression in the EB category.
I personally need more defination of
'Employment-based or Other: 110,786 '
it is defining a narrow set of applicants. Are they ones whose 485 is stuck after filing 485. or are they ones whose 485 cannot be filed and only have 140 approved ?
Dr. Emilio Gonzalez has just released the latest statistics of the USCIS backlog elimination status. The statistics show number of pending cases by different causes as follows:
Total Pending Cases: 1,131,333
Cases Pending Customer Follow-Up Action: 200,828
RFE or Fault in Initial or Other Required Documentation: 187,457
Others: 13,371
Cases Affected by Limits on Annual Immigration such as Retrogression: 793,722
Family Based Cases: 682,936
Employment-based or Other: 110,786
Cases Pending Other Agency Action: 136,763
4,905: Other Agencies Investigation Result Waiting
130,091: Interview Completed but Waiting for Name Check Clearance
Do these numbers agree with what we at IV have been estimating? Was surprised to note that only 110,786 cases were affected by retrogression in the EB category.
I personally need more defination of
'Employment-based or Other: 110,786 '
it is defining a narrow set of applicants. Are they ones whose 485 is stuck after filing 485. or are they ones whose 485 cannot be filed and only have 140 approved ?
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ArkBird
08-17 06:42 PM
Oh well... No one ever said life is fair! :)
The issue here is, USCIS is a government agency. They are incapable of making a subjective determination of a person's capability. All they go by is the degree certificate which can be seen on a piece of paper.
As per INA/USCIS, many of the following won't qualify for EB2:
CEOs-Without-College-Degrees: Personal Finance News from Yahoo! Finance (http://finance.yahoo.com/career-work/article/107139/CEOs-Without-College-Degrees?mod=career-leadership)
The issue here is, USCIS is a government agency. They are incapable of making a subjective determination of a person's capability. All they go by is the degree certificate which can be seen on a piece of paper.
As per INA/USCIS, many of the following won't qualify for EB2:
CEOs-Without-College-Degrees: Personal Finance News from Yahoo! Finance (http://finance.yahoo.com/career-work/article/107139/CEOs-Without-College-Degrees?mod=career-leadership)
Tito_ortiz
03-08 10:59 AM
Welcome hopelessinseattle!
I live in Seattle as well.
You are right. They do not tell you likely because employers enjoy the idea that people visa dependent many times turn out to be "more productive" for the company. This is just a nuance, but I can speak from my own experience that I used to work longer hours and demand less when I was on H1B. It is a fact.
Only time will tell. There is no lawsuit angle to be explored against this as far as I know.
It is interesting what other members reported about people being in denial, even when you clarify about the difficulties about the greencard process. I had my own brother coming here and his employer talked big about greencard, etc and he started making plans to bring his wife. I told him everything we have been through and he didn't pay attention to it. In the end it turned out that his profession was not even eligible for H visas.
Good luck to us all. God Bless America.
Tito
When I was hired last spring, I was not told about GC retrogression by my employer. I beleive they should have explained in graphic detail and if they done so I would not have left a good job and my home in Canada to move to an American nightmare.
I recently discovered that I have at least a 5 year wait as an EB-3. My teenage daughter will be too old to get a green card as a dependent and my wife is seriously depressed about not being allowed to work.
How many other people are as P-Oed as I am and is there a class action suit here?
I live in Seattle as well.
You are right. They do not tell you likely because employers enjoy the idea that people visa dependent many times turn out to be "more productive" for the company. This is just a nuance, but I can speak from my own experience that I used to work longer hours and demand less when I was on H1B. It is a fact.
Only time will tell. There is no lawsuit angle to be explored against this as far as I know.
It is interesting what other members reported about people being in denial, even when you clarify about the difficulties about the greencard process. I had my own brother coming here and his employer talked big about greencard, etc and he started making plans to bring his wife. I told him everything we have been through and he didn't pay attention to it. In the end it turned out that his profession was not even eligible for H visas.
Good luck to us all. God Bless America.
Tito
When I was hired last spring, I was not told about GC retrogression by my employer. I beleive they should have explained in graphic detail and if they done so I would not have left a good job and my home in Canada to move to an American nightmare.
I recently discovered that I have at least a 5 year wait as an EB-3. My teenage daughter will be too old to get a green card as a dependent and my wife is seriously depressed about not being allowed to work.
How many other people are as P-Oed as I am and is there a class action suit here?
buehler
06-15 10:15 AM
In central NJ, I called over 9 Doctors and only two of them had an appointment before July 1st -2nd week.
One is Dr. Neil M.S. Estrella in Clark, NJ. Appointment was available for Monday June 18th. But the fees for the exam plus vaccines is $430. The second one is Dr. Marcel Stern in Piscataway, NJ 08854. Appoitnment was available for Thursday June 21st. The fees was more reasonable at $350.
If you're in Central NJ, Hurry, Hurry Hurry.
P.S - If some of you get other appoitnments in NJ, post here so that others will know and not waste time calling other doctors.
To look for doctors in your area, go here :
https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV
One is Dr. Neil M.S. Estrella in Clark, NJ. Appointment was available for Monday June 18th. But the fees for the exam plus vaccines is $430. The second one is Dr. Marcel Stern in Piscataway, NJ 08854. Appoitnment was available for Thursday June 21st. The fees was more reasonable at $350.
If you're in Central NJ, Hurry, Hurry Hurry.
P.S - If some of you get other appoitnments in NJ, post here so that others will know and not waste time calling other doctors.
To look for doctors in your area, go here :
https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV
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