xueying
11-12 04:09 PM
My visa is H4 and I got my EAD last month, but my family's I-140 and I-485 on pending, if I use my EAD , unfortunately I-140 we can not pass, is that means I must leave U.S.A. in ten days?
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kevinkris
01-22 02:33 PM
Hi All,
I have a question. I am working for a company on a H1-b visa status. And i applied for GC using a different company as future employment and i got my EAD and AP.
What is my stand here? Can i use the EAD and work a completely different company? or do i need to transfer my H1 to the company which did my GC?
Does AC21 apply here? (Because i haven't worked for the company at all who sponsored my GC)
Thanks,
Kris
I have a question. I am working for a company on a H1-b visa status. And i applied for GC using a different company as future employment and i got my EAD and AP.
What is my stand here? Can i use the EAD and work a completely different company? or do i need to transfer my H1 to the company which did my GC?
Does AC21 apply here? (Because i haven't worked for the company at all who sponsored my GC)
Thanks,
Kris
atlfp
06-14 09:43 PM
Based on these reasons:
1. EB legals doesn't really count when it comes to the consideration. For one, the numbers that are suffering are too small; for two, what you go through is nothing in the eye of Kennedy's --- you have a job, you have enough food, you are not dying in the desert....you are having a pretty decent life, except that you wanted more;
2. Senators like Sessions can still argue that "so many legal people are waiting in the line", because you are indeed still waiting even though you can now file 485. So allow you to file doesn't really change their argument;
3. What makes you think that if you shut up they are going to have a easy day? It's not like that you have any teeth to bite any way.
So the PD moves forward is definitely a good thing regardless how CIR plays out.
Mark my words.... President Bush will single handedly make sure to pass the bill as it is.....
No one can stop it.
Do you all think it is just a co incidense that all the dates became current just when this bill (which was supposed to be in grave :rolleyes: ) is revived by those who extremely opposed it?
Do you know how many people will stop giving a damn, because they just filed their 485 s?
People like me who are result of bad practice employers are still here, and lucky ones will depart.....
We have been dealt a crucial blow here.
1. EB legals doesn't really count when it comes to the consideration. For one, the numbers that are suffering are too small; for two, what you go through is nothing in the eye of Kennedy's --- you have a job, you have enough food, you are not dying in the desert....you are having a pretty decent life, except that you wanted more;
2. Senators like Sessions can still argue that "so many legal people are waiting in the line", because you are indeed still waiting even though you can now file 485. So allow you to file doesn't really change their argument;
3. What makes you think that if you shut up they are going to have a easy day? It's not like that you have any teeth to bite any way.
So the PD moves forward is definitely a good thing regardless how CIR plays out.
Mark my words.... President Bush will single handedly make sure to pass the bill as it is.....
No one can stop it.
Do you all think it is just a co incidense that all the dates became current just when this bill (which was supposed to be in grave :rolleyes: ) is revived by those who extremely opposed it?
Do you know how many people will stop giving a damn, because they just filed their 485 s?
People like me who are result of bad practice employers are still here, and lucky ones will depart.....
We have been dealt a crucial blow here.
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saps
11-21 01:27 PM
She will get her EAD even if your priority date retrogresses in the next visa bulletin.
As far as I know, you don't neccessarily need to file EAD with your I-485. Once your I-485 is pending, you can file EAD anytime after that(irrespective of PD movement) but its always better to file them together.
Someone please correct me if I am wrong.
As far as I know, you don't neccessarily need to file EAD with your I-485. Once your I-485 is pending, you can file EAD anytime after that(irrespective of PD movement) but its always better to file them together.
Someone please correct me if I am wrong.
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alex99
09-15 01:42 PM
please .....
raydon
08-25 01:17 AM
Depends on whether the role for which he is applying requires a PhD or not. Once again, consult a good lawyer.
Small addition to your post. EB1A does not require a job offer, but it needs the applicant to prove exceptional ability. EB1B (outstanding researcher or professor) and EB1C (multinational manager) do need sponsorship and a job offer.
Small addition to your post. EB1A does not require a job offer, but it needs the applicant to prove exceptional ability. EB1B (outstanding researcher or professor) and EB1C (multinational manager) do need sponsorship and a job offer.
more...
Beemar
09-20 09:45 PM
Don't read too much into it. Somebody might just be doing trivial mass updates (like moving your info from one database table to another ;)), and you will get a soft LUD.
Seriously, I had a hobby before I got my GC (I got approved last Saturday only). I have registered all my previous approved and expired h1b petitions into the case status online system. Some of them are as old as year 2002. I frequently get soft LUDs on them. One of my petition was approved it 2002. It expired in 2004. And yet, I still get soft LUD on this petition every 3 month or so. The last one was in the month of June this year.
So I really don't think there is much significance of a soft LUD.
Seriously, I had a hobby before I got my GC (I got approved last Saturday only). I have registered all my previous approved and expired h1b petitions into the case status online system. Some of them are as old as year 2002. I frequently get soft LUDs on them. One of my petition was approved it 2002. It expired in 2004. And yet, I still get soft LUD on this petition every 3 month or so. The last one was in the month of June this year.
So I really don't think there is much significance of a soft LUD.
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jsb
01-09 03:40 PM
Thanks jsb..In that case, I am changing jobs even without working for my GC sponsorer. I heard that it could potentially lead to fraud case.are you sure we can do this or do u know somebody who has done this.
thx
AC21 guidance issued in the following link should clarify some of your concerns.
http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
GC sponsorship is always for a future job. Until your GC approval, if you are working for the sponsoring employer, you are there as a guest worker (on H1B, L1 etc.). It will be fraud if it is established that sponsoring employer did not really intend to employ you, and you did not really intend to work for them as a permanent employee, upon getting your GC.
thx
AC21 guidance issued in the following link should clarify some of your concerns.
http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
GC sponsorship is always for a future job. Until your GC approval, if you are working for the sponsoring employer, you are there as a guest worker (on H1B, L1 etc.). It will be fraud if it is established that sponsoring employer did not really intend to employ you, and you did not really intend to work for them as a permanent employee, upon getting your GC.
more...
phillyag
07-17 07:12 PM
I will be filing my 485 due to the current changes.
I am getting married in December 2007.
1. I am goin to file for my spouse at that time. Is it necessary that the dates should be current in order to file this amendement?
2. I understand that one can file amendment before or within 180 days of acceptance of 485. is this correct ?
3. Is there anyway to know that I am nearing my acceptance of 485?
Your comments are appreciated.
I am getting married in December 2007.
1. I am goin to file for my spouse at that time. Is it necessary that the dates should be current in order to file this amendement?
2. I understand that one can file amendment before or within 180 days of acceptance of 485. is this correct ?
3. Is there anyway to know that I am nearing my acceptance of 485?
Your comments are appreciated.
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sss9i
03-23 05:41 PM
Hi,Advise please!
1)I got H1B visa stamp until June 30,2007. Sampe company (Hospital), I got extension approval notice until July 30,2007 (i.e 30 days).
2) Hospital applied for New H1B (Change of employer) from July 31st,2007 until June 30,2010.
Can i go for stamping in June (OR) I have to wait for until July 30,2007.
Thank you.
1)I got H1B visa stamp until June 30,2007. Sampe company (Hospital), I got extension approval notice until July 30,2007 (i.e 30 days).
2) Hospital applied for New H1B (Change of employer) from July 31st,2007 until June 30,2010.
Can i go for stamping in June (OR) I have to wait for until July 30,2007.
Thank you.
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reddymjm
02-02 04:46 PM
You should be fine as the primary is already approved.
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gcseeker2002
02-07 05:52 PM
Thanks for the information
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Please boycott these countries that ask for transit visa, they need to be taught a lesson the hard way, fly nonstop or through friendly countries.
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eb3_nepa
05-28 12:21 AM
Hi,
Can anyone tell me if its ok to mail my EAD & AP and spouse's EAD & AP renewals to be mailed in the same package to Texas? I can't find any posts regarding this.
The PO Box address for EAD is different from AP. But i think for non USPS carriers, there is only one address for Texas center (4141 N augustine rd).
So If I use this address can I mail all the 4 applications in the same package?
I am not trying to save money but feel that keeping all the apps together might help especially primary and secondary applicants...
Thanks.
My lawyer said we can use the same non PO Box address mentioned in the EAD to send the AP documents as well. According to the lawyer you can send it all in one big envelope and demarcate the I-131 vs the I-765 or do it like I am, in 2 seperate smaller envelopes and then I am going to put the 2 envelopes in the same fedex package and mail it out.
Can anyone tell me if its ok to mail my EAD & AP and spouse's EAD & AP renewals to be mailed in the same package to Texas? I can't find any posts regarding this.
The PO Box address for EAD is different from AP. But i think for non USPS carriers, there is only one address for Texas center (4141 N augustine rd).
So If I use this address can I mail all the 4 applications in the same package?
I am not trying to save money but feel that keeping all the apps together might help especially primary and secondary applicants...
Thanks.
My lawyer said we can use the same non PO Box address mentioned in the EAD to send the AP documents as well. According to the lawyer you can send it all in one big envelope and demarcate the I-131 vs the I-765 or do it like I am, in 2 seperate smaller envelopes and then I am going to put the 2 envelopes in the same fedex package and mail it out.
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ItIsNotFunny
11-12 10:36 AM
Hi California members,
There is an IV action item to fight recent practice of USCIS in denying I485 applications in some AC21 cases. For more info, please visit:
http://immigrationvoice.org/forum/sh...ad.php?t=22182
It�s a serious issue which can affect many of us, please act now and send letters (letter formats and everything else is ready in the thread quoted above). It will only take a few minutes of your time.
State chapter leader,
Please try to bring attention of your state members to this IV core approved effort.
Thank you.
Good Job NK2006.
There is an IV action item to fight recent practice of USCIS in denying I485 applications in some AC21 cases. For more info, please visit:
http://immigrationvoice.org/forum/sh...ad.php?t=22182
It�s a serious issue which can affect many of us, please act now and send letters (letter formats and everything else is ready in the thread quoted above). It will only take a few minutes of your time.
State chapter leader,
Please try to bring attention of your state members to this IV core approved effort.
Thank you.
Good Job NK2006.
more...
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nixstor
09-15 09:43 PM
Rajiv Khanna www.immigration.com
Sheela Murthy www.murthy.com
Mathew Oh www.immigration-law.com
Sheela Murthy www.murthy.com
Mathew Oh www.immigration-law.com
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rpat1968
11-05 02:38 PM
How long is it taking now a days to get AP approval. I am from TX and e-filed on 2nd Oct (ND 4th OCT 2010) and want to know when I can expect the approval.
my spouse AP was approved last friday also from NSC and we recd the document just yesterday.
my spouse AP was approved last friday also from NSC and we recd the document just yesterday.
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Becks
08-03 04:47 PM
USCIS will consider only your qualifications and experience only at the time of applying for labor against the jobs requirements. You dont have to update USCIS with your latest qualifications.
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ShadowViper
06-27 02:04 AM
Cool picture.
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peer123
12-18 08:26 PM
Is more than 6 yrs of IT experience from a non-computers engg background good for applying for EB2 position? Can you comment from your experience.
I have similar situation. I am getting an already approved labor for gc processing. it needs 5yrs progressive exp and bachelor degree in engg. Now I do have nearly 5 years at the time of application and now (9 years). have same degree work for same company as the company applied and also match in experience almost 100%. Is there any risk in I140 approval.
I have similar situation. I am getting an already approved labor for gc processing. it needs 5yrs progressive exp and bachelor degree in engg. Now I do have nearly 5 years at the time of application and now (9 years). have same degree work for same company as the company applied and also match in experience almost 100%. Is there any risk in I140 approval.
Blog Feeds
09-18 10:20 AM
Attorney Eugenia Ponce recently wrote a blog post here (http://www.immigration-law-answers-blog.com/2009/07/immigration-law/immigration-rights/lawful-permanent-residents-keep-trips-abroad-relatively-short/) cautioning Lawful Permanent Residents to keep their trips abroad relatively short. Here is the text of that post:
Lawful permanent residents (LPR) of the United States (green card holders) need to keep their trips abroad to a relatively short period of time. The Department of Homeland Security (DHS) could determine that an LPR has abandoned their residence if the LPR’s intent was not to return to the U.S. within a relatively short period of time.
Factors DHS could consider in evaluating the LPR’s intent include:
Whether the trip abroad is lengthy or for a short period of time;
LPR’s family ties in the U.S.;
property holding in the U.S.;
business affiliations within the U.S.;
LPR’s family, property, and business ties in the foreign country.
After that was posted, we were asked what exactly we meant by the term "relatively short." Of course the answer, as always, depends on several factors. But here is a further explanation from Ms. Ponce:
What a "relatively short period of time" is can't be defined in terms of elapsed time alone. Generally, lawful permanent residents (LPR) can use their green cards to return to the United States after a temporary absence not exceeding one year. The most important factor in concluding whether an LPR abandoned his or her U.S. residence is to look at the LPR's actual intent to return to the United States after a short trip, along with the other factors such as property, business, and family ties inside the U.S. and in the foreign country. An LPR returning to the U.S. once a year for a few days doesn't "automatically revalidate" a green card in a situation in which the lawful permanent resident has actually been residing abroad.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/lWE-18mYGGw/)
Lawful permanent residents (LPR) of the United States (green card holders) need to keep their trips abroad to a relatively short period of time. The Department of Homeland Security (DHS) could determine that an LPR has abandoned their residence if the LPR’s intent was not to return to the U.S. within a relatively short period of time.
Factors DHS could consider in evaluating the LPR’s intent include:
Whether the trip abroad is lengthy or for a short period of time;
LPR’s family ties in the U.S.;
property holding in the U.S.;
business affiliations within the U.S.;
LPR’s family, property, and business ties in the foreign country.
After that was posted, we were asked what exactly we meant by the term "relatively short." Of course the answer, as always, depends on several factors. But here is a further explanation from Ms. Ponce:
What a "relatively short period of time" is can't be defined in terms of elapsed time alone. Generally, lawful permanent residents (LPR) can use their green cards to return to the United States after a temporary absence not exceeding one year. The most important factor in concluding whether an LPR abandoned his or her U.S. residence is to look at the LPR's actual intent to return to the United States after a short trip, along with the other factors such as property, business, and family ties inside the U.S. and in the foreign country. An LPR returning to the U.S. once a year for a few days doesn't "automatically revalidate" a green card in a situation in which the lawful permanent resident has actually been residing abroad.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/lWE-18mYGGw/)
Ann Ruben
08-05 02:34 PM
Based on the information you have provided, I do not think there is any cause for you to be worried about being deported.
However, as an applicant for Naturalization, you have the burden to prove "good moral character". Usually, "good moral character" is assumed. But when there is a past criminal conviction, even a minor one such as yours, USCIS may deny the Naturalization application if there is no affirmative evidence of "reform" and current "good moral character".
So, in addition to disclosing the NY conviction, you should be prepared to submit documents showing that you are and for the past 4 years have been a person of "good moral character". Such documentation could include sworn statements from community or religious leader, employers, co-workers, and others.
If at all possible, you should find an experienced attorney to help you prepare these documents and accompany you to the Naturalization interview.
However, as an applicant for Naturalization, you have the burden to prove "good moral character". Usually, "good moral character" is assumed. But when there is a past criminal conviction, even a minor one such as yours, USCIS may deny the Naturalization application if there is no affirmative evidence of "reform" and current "good moral character".
So, in addition to disclosing the NY conviction, you should be prepared to submit documents showing that you are and for the past 4 years have been a person of "good moral character". Such documentation could include sworn statements from community or religious leader, employers, co-workers, and others.
If at all possible, you should find an experienced attorney to help you prepare these documents and accompany you to the Naturalization interview.
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