kshitijnt
08-16 03:23 PM
Are there any implications of leaving my employer now who sponsored me for GC? I got my GC on the first week of July. I plan to leave on the 1st week of September. Thank you very much.
Addendum: I applied for AOS for my spouse this July. Will there be a problem with her AOS?
I am not sure if you GOT GC or you filed 485.
Based on AC21 law, you have to stay atleast 182 days after you file 485. More so if your I-140 is still pending.
So I would say 182 days from the receipt notice of 485 is mandatory to avoid complications. It should not affect your citizenship. I have 100s of friends who have invoked AC21 and quite frankly I dont care about citizenship. One thing at a time :)
Addendum: I applied for AOS for my spouse this July. Will there be a problem with her AOS?
I am not sure if you GOT GC or you filed 485.
Based on AC21 law, you have to stay atleast 182 days after you file 485. More so if your I-140 is still pending.
So I would say 182 days from the receipt notice of 485 is mandatory to avoid complications. It should not affect your citizenship. I have 100s of friends who have invoked AC21 and quite frankly I dont care about citizenship. One thing at a time :)
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Jaime
09-22 03:45 PM
This is easy, practical and may be more effective.
Co-ordinate working round-the-clock (24 hours non-stop) wherever, in whatever organization/immigation community is working.Let it be coast-to-coast. let the work start as usual on friday morning at 8am and end at 8.am on saturday. Employers will be happy and we can win enormous support. Send simultaneous cards to uscis/law makers.
Wow, nice idea....!!
Co-ordinate working round-the-clock (24 hours non-stop) wherever, in whatever organization/immigation community is working.Let it be coast-to-coast. let the work start as usual on friday morning at 8am and end at 8.am on saturday. Employers will be happy and we can win enormous support. Send simultaneous cards to uscis/law makers.
Wow, nice idea....!!
styrum
02-08 03:05 PM
Well, MS + 11 month (but not 12) will do then, cause zone IV is has SVP "7.0 to < 8.0"
I (DOL rather) take it back. SVP "Levels" are not fractional so (7.0 to < 8.0) actually means 7 only (http://online.onetcenter.org/help/online/svp):
7. Over 2 years up to and including 4 years
8. Over 4 years up to and including 10 years
So there is nothing between 7 and 8, and since 8 is not included into the interval it means 4 years max for zone IV. Period!
So, for zone IV employer can't require more than BS +2 or MS with no experience for the requirements to be considered "normal". Nice!
Check out this passage from the Job zone IV desctription though:
"For example, an accountant must complete four years of college and work for several years in accounting to be considered qualified."
So "several years" can't be more than 2!!!!:eek:
I (DOL rather) take it back. SVP "Levels" are not fractional so (7.0 to < 8.0) actually means 7 only (http://online.onetcenter.org/help/online/svp):
7. Over 2 years up to and including 4 years
8. Over 4 years up to and including 10 years
So there is nothing between 7 and 8, and since 8 is not included into the interval it means 4 years max for zone IV. Period!
So, for zone IV employer can't require more than BS +2 or MS with no experience for the requirements to be considered "normal". Nice!
Check out this passage from the Job zone IV desctription though:
"For example, an accountant must complete four years of college and work for several years in accounting to be considered qualified."
So "several years" can't be more than 2!!!!:eek:
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gc_coming
09-23 08:22 PM
Hi Gurus,
I am in a unique situation and your valuable advice is highly appreciated. I worked for company A for 3 years and filed my 140 and 485(july 2007). I quit the company in may this year and joined another company. My 140 was approved on 06/16/2006. recently my previous employer revoked my I-140. I got a notice from USCIS that my I-140 and I-485 has been withdrawn. As per my new attorney since i meet all the conditions for job porting (180 days, 140 approved, and same job profile), no one else other than me can withdraw my I-485 application. my attorney filed an MTR today. Can i work while my MTR is pending. Is Withdrawal acknowledgement notice is same as denial notice ? please help
I am in a unique situation and your valuable advice is highly appreciated. I worked for company A for 3 years and filed my 140 and 485(july 2007). I quit the company in may this year and joined another company. My 140 was approved on 06/16/2006. recently my previous employer revoked my I-140. I got a notice from USCIS that my I-140 and I-485 has been withdrawn. As per my new attorney since i meet all the conditions for job porting (180 days, 140 approved, and same job profile), no one else other than me can withdraw my I-485 application. my attorney filed an MTR today. Can i work while my MTR is pending. Is Withdrawal acknowledgement notice is same as denial notice ? please help
more...
Vsach
07-19 03:42 PM
Dear ALL,
As USCIS is swarmed with applications any idea how long do you think it will take, as we know this not a normal situation.
Inputs appreciated.
Regards
VS
As USCIS is swarmed with applications any idea how long do you think it will take, as we know this not a normal situation.
Inputs appreciated.
Regards
VS
la_guy
03-15 09:47 PM
Criminal lawyers charge exorbitant fees and they dont do anything. There is a free show in kgo in bay area (http://www.kgoradio.com/) by a lawyer named as Len Tillem (www.lentillem.com). You tell your issue in the radio show and he can give you valuable suggestions. His program runs everyday from 12 to 1pm and in sundays from 3 to 7pm... Go checkout...
more...
BharatPremi
09-20 05:51 PM
Everyone thank you for the quick replies...
How about if I send in Ac 21 paperwork and still be on leave of absence from my present company which sponsored my GC. It only gives me peace of mind because in case the new job does not work out I can still come back...
If you will be using EAD for new job, stop worrying about vacation. EAD is a "AOS" state meaning you are legally allowed not to even work so you can very well take vacation and even decide not to work till you get the green card. If you are playing "h1 transfer" then your vacation may become tricky if you do not get salary for that vacation. It may have an advese effect down the road. If I would be you and have decided to use H1 transfer then I would not go to unpaid vacation. If you will be paid for the vacation you will be fine for that too.
How about if I send in Ac 21 paperwork and still be on leave of absence from my present company which sponsored my GC. It only gives me peace of mind because in case the new job does not work out I can still come back...
If you will be using EAD for new job, stop worrying about vacation. EAD is a "AOS" state meaning you are legally allowed not to even work so you can very well take vacation and even decide not to work till you get the green card. If you are playing "h1 transfer" then your vacation may become tricky if you do not get salary for that vacation. It may have an advese effect down the road. If I would be you and have decided to use H1 transfer then I would not go to unpaid vacation. If you will be paid for the vacation you will be fine for that too.
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gc_mania_03
10-14 04:32 PM
Applied for AP on June 1 at NSC. NO LUD changes till about last week.
I contacted USCIS and had an expedite request put in. Worked with USCIS ombudsman to figure out what was happening. Worked with my State Senator's office to put some heat on USCIS. After all the above efforts, finally got mine & My spouse's AP approved yesterday.(Oct 13). Total of 134 long days since i applied for my AP.
NSC is notorious for being late and lackadaiscal. I advice ppl to step in and take your cases to Ombudsman & Senators. They tend to be lot more helpful than USCIS. Good luck
How do I work with the Ombudsman? And all could you share how you went about getting the help from the Senators office.
I contacted USCIS and had an expedite request put in. Worked with USCIS ombudsman to figure out what was happening. Worked with my State Senator's office to put some heat on USCIS. After all the above efforts, finally got mine & My spouse's AP approved yesterday.(Oct 13). Total of 134 long days since i applied for my AP.
NSC is notorious for being late and lackadaiscal. I advice ppl to step in and take your cases to Ombudsman & Senators. They tend to be lot more helpful than USCIS. Good luck
How do I work with the Ombudsman? And all could you share how you went about getting the help from the Senators office.
more...
vinodmp
02-06 03:07 PM
I am looking for help in wrongful I485 denial of 485 with AC21 .
below is my situation .
Company A :
Pd: 12/31/2003
Category : EB2 India
Labor cert approved : 3/30/2004
I 140 RD : 4/13/2006
I140 approved DT: 9/21/2006
I 485 sent : 7/2/2007
I 485 RD : 7/5/2007
I485 ND : 7/13/2007
Finger print : 9/2/2007
Company B :
joined Date: 2/14/2008 (after 6 months)
Filed AC21 by company attorney
contacted congressman's office when PD become current for more than a year but no approval. Got response that it is pending in extended review.
Left Company B to move South side because of health issue ( winter) .
Company B understood the situation and left in good terms with them.
Company C ( Full time )
joined Date: 12/14/2009
Used EAD .
I140 LUD: 1/29/2010
I485 denial email : 25/2010
Thanks
-vinod
below is my situation .
Company A :
Pd: 12/31/2003
Category : EB2 India
Labor cert approved : 3/30/2004
I 140 RD : 4/13/2006
I140 approved DT: 9/21/2006
I 485 sent : 7/2/2007
I 485 RD : 7/5/2007
I485 ND : 7/13/2007
Finger print : 9/2/2007
Company B :
joined Date: 2/14/2008 (after 6 months)
Filed AC21 by company attorney
contacted congressman's office when PD become current for more than a year but no approval. Got response that it is pending in extended review.
Left Company B to move South side because of health issue ( winter) .
Company B understood the situation and left in good terms with them.
Company C ( Full time )
joined Date: 12/14/2009
Used EAD .
I140 LUD: 1/29/2010
I485 denial email : 25/2010
Thanks
-vinod
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Sree Swathi
04-21 02:21 PM
Dear Friends,
Please stay together....we will get this permission.
If our parents stay in US, US economy will improved. We will be buying health insurance and food for them.
We will stop sending money to our native country. All money we earned will be spend here. We will be travelling more. Shopping more. etc.
This will help to improve US economy. I want to see US become super country like how it was when Bill Clinton was president.
We have a great present now. I was impressed by his speech about family value and raising kids together as family. I am sure, we will get help from him.
You know, How J2 visa holder got permission to work in US. A person fight for it and got it for many.
Don't bother about a negative persons comments here.
If we stay together, we will get this permission. Anyway, after you become citizen you got that permission. We can request gov to give permission to GC holders too.
Please stay together....we will get this permission.
If our parents stay in US, US economy will improved. We will be buying health insurance and food for them.
We will stop sending money to our native country. All money we earned will be spend here. We will be travelling more. Shopping more. etc.
This will help to improve US economy. I want to see US become super country like how it was when Bill Clinton was president.
We have a great present now. I was impressed by his speech about family value and raising kids together as family. I am sure, we will get help from him.
You know, How J2 visa holder got permission to work in US. A person fight for it and got it for many.
Don't bother about a negative persons comments here.
If we stay together, we will get this permission. Anyway, after you become citizen you got that permission. We can request gov to give permission to GC holders too.
more...
ItIsNotFunny
10-03 01:53 PM
Although USCIS guidances are not binding, you might want to pay attention to the below (was not able to upload the attachment, you might want to google for it)
To: REGIONAL DIRECTORS
SERVICE CENTER DIRECTORS
From: Michael Aytes
Acting Director of Domestic Operations
Date: December 27, 2005
Re: Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and
H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of
2000 (AC21) (Public Law 106-313)
Question 7. Should service centers or district offices request proof of �ability to pay� from
successor employers in I-140 portability cases, in other words, from the new
company/employer to which someone has ported?
Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational
classification as the alien�s I-140 employment. It may be appropriate to confirm the legitimacy of a
new employer and the job offer through an RFE to the adjustment applicant for relevant information
about these issues. In an adjustment setting, public charge is also a relevant inquiry.
Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a
"same or similar" occupational classification as the job for which the original I-140 petition was filed.
Second, it may be appropriate to confirm that the new employer and the job offer are legitimate
through an RFE to the adjustment applicant for relevant information about these issues. Third, as
with any portability case, USCIS will focus on whether the I-140 petition represented the truly
intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
intent, but in appropriate cases additional evidence or investigation may be appropriate.
Do you believe IOs understand any of these complex rules? Few days before someone posted that at the time of final GC interview IO even didn't know at all about July fiasco!
To: REGIONAL DIRECTORS
SERVICE CENTER DIRECTORS
From: Michael Aytes
Acting Director of Domestic Operations
Date: December 27, 2005
Re: Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and
H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of
2000 (AC21) (Public Law 106-313)
Question 7. Should service centers or district offices request proof of �ability to pay� from
successor employers in I-140 portability cases, in other words, from the new
company/employer to which someone has ported?
Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational
classification as the alien�s I-140 employment. It may be appropriate to confirm the legitimacy of a
new employer and the job offer through an RFE to the adjustment applicant for relevant information
about these issues. In an adjustment setting, public charge is also a relevant inquiry.
Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a
"same or similar" occupational classification as the job for which the original I-140 petition was filed.
Second, it may be appropriate to confirm that the new employer and the job offer are legitimate
through an RFE to the adjustment applicant for relevant information about these issues. Third, as
with any portability case, USCIS will focus on whether the I-140 petition represented the truly
intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
intent, but in appropriate cases additional evidence or investigation may be appropriate.
Do you believe IOs understand any of these complex rules? Few days before someone posted that at the time of final GC interview IO even didn't know at all about July fiasco!
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snathan
06-03 01:22 PM
@thankgod
I certainly respect your view on this post that this information is irrelevant to this forum. At the same time I disagree your view. Different view points from other members absolutely help us to know how others perceive things.
But your "offensive language and replies" to other members views are uncalled-for.
Now in recent posts, you are using "we" and trying to gain support for what you have been writing.
I request other members (whoever expressed their views that this post is irrelevant in this forum ) to express their concerns about Thankgod's language in his posts.
May I add, these posts are very much relevant here as these kids are immigrants and their kids. They might become an entrepreneur or scientist in the future and it shows the value of the skilled immigrants.
We need to come out of our EB2/EB3 narrow mind and how it's going to help me today.
I certainly respect your view on this post that this information is irrelevant to this forum. At the same time I disagree your view. Different view points from other members absolutely help us to know how others perceive things.
But your "offensive language and replies" to other members views are uncalled-for.
Now in recent posts, you are using "we" and trying to gain support for what you have been writing.
I request other members (whoever expressed their views that this post is irrelevant in this forum ) to express their concerns about Thankgod's language in his posts.
May I add, these posts are very much relevant here as these kids are immigrants and their kids. They might become an entrepreneur or scientist in the future and it shows the value of the skilled immigrants.
We need to come out of our EB2/EB3 narrow mind and how it's going to help me today.
more...
house “The World has been cancelled.
bskrishna
05-21 01:02 PM
TSC I-765 for pending I-485 adjustment application is 'Feb 15th 2008'...last month it had 'Jan 29th 2008'...only moved 16 days...it is really weird...how much time they take to process may applications...mine will be expired on Aug 16th 2008...i am scared now..i am working on EAD.
cant you get an interim EAD after 90 days...
cant you get an interim EAD after 90 days...
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eeezzz
01-15 02:17 PM
However, for India, China etc. where PD cutoff has to be factored, it is used merely to decide to work or skip a file (when seen in the receive date order). If PD cutoff date is very restricted, they will have to skip a lot of cases, which slows them down.
I don't think this is true. As a CSR, case is assigned to you, not you choose the case. I think it's the same way to IOs. PD current cases will be assigned to IO, not IO looks into paper mountains to find case to adjust.
That's the reason every July they ask for wider PD cutoff dates so that they can consume a lot of visas, as they don't have to skip that many cases.
And about this, it's not abut skip or not either. Visa Office decides the date, CIS does the work. When CIS doesn't output enough work, VO thinks CIS doesn't have enough cases so they move dates forward. Direct result is therefore CP is able to process any cases that is current in hand. When this happens, more approval numbers will show, but that has nothing to do with CIS. CIS basically still process about the same amount of cases as usual.
I don't think this is true. As a CSR, case is assigned to you, not you choose the case. I think it's the same way to IOs. PD current cases will be assigned to IO, not IO looks into paper mountains to find case to adjust.
That's the reason every July they ask for wider PD cutoff dates so that they can consume a lot of visas, as they don't have to skip that many cases.
And about this, it's not abut skip or not either. Visa Office decides the date, CIS does the work. When CIS doesn't output enough work, VO thinks CIS doesn't have enough cases so they move dates forward. Direct result is therefore CP is able to process any cases that is current in hand. When this happens, more approval numbers will show, but that has nothing to do with CIS. CIS basically still process about the same amount of cases as usual.
more...
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kondur_007
09-23 10:25 AM
FYI -- what is I-9 and what does the employer need to do for that?
Here is the link to form I-9:
http://www.uscis.gov/files/form/I-9.pdf
It is a very simple form to verify that the employee is legally authorized to work. Every employer/HR department must have one of these for every single employee. Employers who do not deal with immigrants (like your future employer), do not pay attention to it, but they still are required to have this on file. This form is not filed with any agency, it is just on file with the employer and occassionally DOL (or probably DOS, i am not sure) may ask for it, and they have to show it to them. (like your tax documents).
Once you look at this simple form, you will know what it is for.
Good Luck for your future career.
Here is the link to form I-9:
http://www.uscis.gov/files/form/I-9.pdf
It is a very simple form to verify that the employee is legally authorized to work. Every employer/HR department must have one of these for every single employee. Employers who do not deal with immigrants (like your future employer), do not pay attention to it, but they still are required to have this on file. This form is not filed with any agency, it is just on file with the employer and occassionally DOL (or probably DOS, i am not sure) may ask for it, and they have to show it to them. (like your tax documents).
Once you look at this simple form, you will know what it is for.
Good Luck for your future career.
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raj3078
10-10 03:31 PM
Movt is not very bad for EB-2 India, but EB-3 India does not move!!
How much did EB2 Ind moved? I think EB-2 china moved too? correct me if I am wrong
How much did EB2 Ind moved? I think EB-2 china moved too? correct me if I am wrong
more...
makeup It was called The World.
casinoroyale
06-25 05:27 PM
4.1) you can support your spouse also even after using AP (i.e H4 support)
I doubt it. When a person uses his AP, his status changes to PAROLE, hence he can't have dependents on H4 status.
I doubt it. When a person uses his AP, his status changes to PAROLE, hence he can't have dependents on H4 status.
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h1b_forever
04-16 10:39 AM
Good luck with everything. Hopefully everything works out.
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rkgc
04-16 11:09 AM
gcbikari, the link that you have provided is great, I just looked up a company and saw that the company owner got arrested last week, whom I would have joined. Man, he was doing a sugar coated talk when I was looking for job, and through out his speech he was talking only in millions, like we bought this company ABC last month for 20 million, and in walks in the owner of ABC Company with ragged clothes, really! man who has 20 million.
fatjoe
09-21 09:29 PM
PD - July-2004. Pre-Adjudicated.
How did you know that your case was assigned to an officer. I called uscis three times and I was told that they could not say if my case was assigned to an officer or not.
some time back when I had called I was told it was assigned to
an officer (PD not current though). What does that mean?
How did you know that your case was assigned to an officer. I called uscis three times and I was told that they could not say if my case was assigned to an officer or not.
some time back when I had called I was told it was assigned to
an officer (PD not current though). What does that mean?
sparklinks
07-20 02:57 PM
sandiboy ,
I told her, "I send I-485 on June 29th". I didn't specify 'JULY' to her.
I told her, "I send I-485 on June 29th". I didn't specify 'JULY' to her.
