lazycis
04-06 04:48 PM
lazycis, jhaalaa, meridiani - Thanks for your inputs...you guys rock. :cool:
I believe Jhaalaa trying to caution me not to take chances and move to another employer, which could potentially cause RFE to my case. If so, thanks for you concern.
Meridiani thanks for the doc. I will read through it.
One more question, when I first filed my LC, I made x dollars, then I got a promotion and now making x+10K. When I move to a new employer, should I make x dollars? or x+10K? or is it okay to make x-10K? :confused:
See question 5 in the memo.
http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf
Salary discrepancies do not really matter. It's certainly OK to make x+10 on the new job. Come on, some LC were filed 5 years ago. In my case my salary almost doubled by the time I-485 was approved (and I was working for a new company as well). It's good to be cautious, but you should not be overly concerned with these issues as the law only says that your new occupation has to be same or similar to that mentioned in LC. The USCIS never implemented the regulations regarding portability. And I never heard of the case where I-485 was denied because of the portability issue (if it was invoked after 180 days).
I believe Jhaalaa trying to caution me not to take chances and move to another employer, which could potentially cause RFE to my case. If so, thanks for you concern.
Meridiani thanks for the doc. I will read through it.
One more question, when I first filed my LC, I made x dollars, then I got a promotion and now making x+10K. When I move to a new employer, should I make x dollars? or x+10K? or is it okay to make x-10K? :confused:
See question 5 in the memo.
http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf
Salary discrepancies do not really matter. It's certainly OK to make x+10 on the new job. Come on, some LC were filed 5 years ago. In my case my salary almost doubled by the time I-485 was approved (and I was working for a new company as well). It's good to be cautious, but you should not be overly concerned with these issues as the law only says that your new occupation has to be same or similar to that mentioned in LC. The USCIS never implemented the regulations regarding portability. And I never heard of the case where I-485 was denied because of the portability issue (if it was invoked after 180 days).
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sabr
09-19 03:17 PM
Quick Q:
Lets say my H1b renewal is pending..while its pending I used EAD for a diff company than my sponsoring company( I will be with my Sponsoring company but in bench). Then my H1b gets approved. Can I still work with a diff company till I choose to go out to stamp for H1b and once am in US i can start working for my sponsoring company again?
Lets say my H1b renewal is pending..while its pending I used EAD for a diff company than my sponsoring company( I will be with my Sponsoring company but in bench). Then my H1b gets approved. Can I still work with a diff company till I choose to go out to stamp for H1b and once am in US i can start working for my sponsoring company again?
dc4opera
05-18 11:27 PM
I need some advice from the people on this board.
My labor certification was recently approved via PERM. My employer will soon be signing the paperwork to file the I-140 with INS. My contract with him expires in February 2007, and he wants me to continue working for him beyond that. I, however, have expressed my desire NOT to stay with him any longer than I need to. Obviously, I will need to stay until 6 months have passed from the filing of my I-485 for portability to kick in.
Because of this, he wants me to WAIT until January 2007 to file my I-485. This way he is assured that I will be working for him until June 2007. My question is, does he have any right to coerce me to wait until January 2007 to file the I-485?
I initially agreed to this delay in filing because I was under the impression that BOTH the I-140 and I-485 were to be filed by the employer, and that I-485 processing took about 6 months. Now that I have learned that the I-485 is to be filed by me and that I-485 processing can take more than a year, are there any downsides to me filing the I-485 earlier than January 2007 WITHOUT MY EMPLOYER KNOWING?
I realize that "honesty is the best policy" but the situation is truly untenable for me and I feel that he is purposely delaying the processing of my INS papers to keep me at his mercy. Another factor to consider is that the lawyer we will be using for the I-140 will be the same one who will file my I-485. Can I invoke attorney-client privilege with regards to the I-485 so that they cannot tell my employer that I filed it earlier than he wanted? For that matter, can I use a different lawyer to file the I-485 that the one who filed the I-140?
Any opinions and suggestions regarding this matter will be greatly appreciated. Thank you very much and good luck to all!
My labor certification was recently approved via PERM. My employer will soon be signing the paperwork to file the I-140 with INS. My contract with him expires in February 2007, and he wants me to continue working for him beyond that. I, however, have expressed my desire NOT to stay with him any longer than I need to. Obviously, I will need to stay until 6 months have passed from the filing of my I-485 for portability to kick in.
Because of this, he wants me to WAIT until January 2007 to file my I-485. This way he is assured that I will be working for him until June 2007. My question is, does he have any right to coerce me to wait until January 2007 to file the I-485?
I initially agreed to this delay in filing because I was under the impression that BOTH the I-140 and I-485 were to be filed by the employer, and that I-485 processing took about 6 months. Now that I have learned that the I-485 is to be filed by me and that I-485 processing can take more than a year, are there any downsides to me filing the I-485 earlier than January 2007 WITHOUT MY EMPLOYER KNOWING?
I realize that "honesty is the best policy" but the situation is truly untenable for me and I feel that he is purposely delaying the processing of my INS papers to keep me at his mercy. Another factor to consider is that the lawyer we will be using for the I-140 will be the same one who will file my I-485. Can I invoke attorney-client privilege with regards to the I-485 so that they cannot tell my employer that I filed it earlier than he wanted? For that matter, can I use a different lawyer to file the I-485 that the one who filed the I-140?
Any opinions and suggestions regarding this matter will be greatly appreciated. Thank you very much and good luck to all!
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tdasara
01-21 01:39 PM
Concerning is most students do not know or care of these issues. All they want is to graduate find a job. Jobs are plenty thanks to 'Desi Consultants'.
The worst part many working pros who know of these issues hardly make an effort to work on a solution.
Either stay mum or fight for..IV members are the latter
The worst part many working pros who know of these issues hardly make an effort to work on a solution.
Either stay mum or fight for..IV members are the latter
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gcseeker2002
02-20 04:21 PM
gcseeker2002,
Can you please provide the link.
http://www.flcdatacenter.com/CasePerm.aspx
You need to download the MDB files. In the pre-perm era files , the country of the alien was not listed which is new in the perm files.
Can you please provide the link.
http://www.flcdatacenter.com/CasePerm.aspx
You need to download the MDB files. In the pre-perm era files , the country of the alien was not listed which is new in the perm files.
gccovet
05-08 03:47 PM
Thank you senk1s & gccovet. Have added some Green's to both of you !
Good luck, I am in the same boat as you are. Hence was reading more on this topic.
Regards,
Good luck, I am in the same boat as you are. Hence was reading more on this topic.
Regards,
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pasupuleti
09-25 05:25 PM
It was't a federal loan. Also it is just co-signing for a citizen.
About discover card, i told them it is just thier loss.:)
Discover Card is a bit picky...I applied a second time around and they approved it.
Student loans - federal loans require full citizenship.
About discover card, i told them it is just thier loss.:)
Discover Card is a bit picky...I applied a second time around and they approved it.
Student loans - federal loans require full citizenship.
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kondur_007
09-17 09:38 PM
I dont want to duplicate, but I think following "cut and paste" from my previous post may be a fair thing to do; just for the information.
I am not a lawyer; but this is what I believe to the best of my knowledge:
1. If you never used AC21 (still working with the employer who sponsored I 140); your obligation at the time of GC approval is to have a "good faith intention to work with the same employer permanently". It is not clear in the law as to how would you prove that intention...most people say that you should work for some duration (6 months or 12 months at least...or something like that) after GC is approved to "show" your good faith intention.
2. If you ported to employer B using AC 21 (before the approval of GC); you have the same obligation to the new employer B and NO obligation to original I 140 sponsoring employer. (this is especially true if you informed USCIS of your porting and also true if you did not inform USCIS but law is less clear in the later scenario)
There is really no law that specifies the duration.
All it says is :"you should have intention to work for the GC sponsoring employer (or AC21 employer if you ported) permanently."
Intention is a state of mind and it can change!! also all these employments are at will, and so it is possible that you may not like that job! Or on the other hand employer may not like you and fire you in a week.
Bottomline: You will be fine under most circumstances. However, if the issue is raised at the time of naturalization, it would be much easier for you to explain/show that you did have intention to work for the employer if you actually work for the sponsoring employer for some duration (6 months, 1 year...all these are arbitrary numbers).
If you never worked for the sponsoring employer, you may not have a lot of grounds to show that entire GC was not a fraud...
Again, there is no clear law on this...
followup post:
I think there is a mix up here between two things:
180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.
If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".
You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.
One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.
One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??)...no law on this.
This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.
This is from my discussion in following thread:
http://immigrationvoice.org/forum/showthread.php?t=3305&page=2
http://immigrationvoice.org/forum/sh...ad.php?t=20403
Hope this helps.
Good Luck.
I am not a lawyer; but this is what I believe to the best of my knowledge:
1. If you never used AC21 (still working with the employer who sponsored I 140); your obligation at the time of GC approval is to have a "good faith intention to work with the same employer permanently". It is not clear in the law as to how would you prove that intention...most people say that you should work for some duration (6 months or 12 months at least...or something like that) after GC is approved to "show" your good faith intention.
2. If you ported to employer B using AC 21 (before the approval of GC); you have the same obligation to the new employer B and NO obligation to original I 140 sponsoring employer. (this is especially true if you informed USCIS of your porting and also true if you did not inform USCIS but law is less clear in the later scenario)
There is really no law that specifies the duration.
All it says is :"you should have intention to work for the GC sponsoring employer (or AC21 employer if you ported) permanently."
Intention is a state of mind and it can change!! also all these employments are at will, and so it is possible that you may not like that job! Or on the other hand employer may not like you and fire you in a week.
Bottomline: You will be fine under most circumstances. However, if the issue is raised at the time of naturalization, it would be much easier for you to explain/show that you did have intention to work for the employer if you actually work for the sponsoring employer for some duration (6 months, 1 year...all these are arbitrary numbers).
If you never worked for the sponsoring employer, you may not have a lot of grounds to show that entire GC was not a fraud...
Again, there is no clear law on this...
followup post:
I think there is a mix up here between two things:
180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.
If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".
You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.
One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.
One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??)...no law on this.
This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.
This is from my discussion in following thread:
http://immigrationvoice.org/forum/showthread.php?t=3305&page=2
http://immigrationvoice.org/forum/sh...ad.php?t=20403
Hope this helps.
Good Luck.
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Green.Tech
08-05 05:41 PM
Thanks for the response, folks.
It will be interesting to hear from people who have or are required to sing certain contracts with their employers.
I am assuming the employers logic can be that - "well we were the ones who really paid for your labor cert" and that may be true as far as DOL is concerned. But my logic is if I reimburse you that money a year or two down the line, doesn't that mean that eventually I had to pay for my labor cert :)
I am also interested to know what kind of contracts the employers are having people sign - reimburse us if you leave within a certain time frame (2 or 3 years from when your GC process was initiated by the company) or are the contracts more like - reimburse us full amount no matter when you leave during pending GC process.
It will be interesting to hear from people who have or are required to sing certain contracts with their employers.
I am assuming the employers logic can be that - "well we were the ones who really paid for your labor cert" and that may be true as far as DOL is concerned. But my logic is if I reimburse you that money a year or two down the line, doesn't that mean that eventually I had to pay for my labor cert :)
I am also interested to know what kind of contracts the employers are having people sign - reimburse us if you leave within a certain time frame (2 or 3 years from when your GC process was initiated by the company) or are the contracts more like - reimburse us full amount no matter when you leave during pending GC process.
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shana04
07-21 09:05 AM
Friends / Gurus,
Please advice or suggest.
Here is my situation, filed I 485 in July 2007 and No FP done.
Called USCIS in Mar 2008 and opened a SR and got SR for my self in hard copy and an email for my wife that some one contacted about your case for FP and a notice will be mailed to with specific time and date.
And I waited this long and no notice has arrived for me and dates are current in Aug 2008.
Today (July 21 2008) I called USCIS and used the following menus.
2-6-1-(Enter Receipt Number)-1-1-3-1
And a representative has greeted very well and asked bunch of questions and asked to answer yes or no (no details just yes or no)
Then she said as the Background Clearance has not been done for my case, they would not send the FP. And to open a SR I have to wait at least 441 days from Receipt date of I485 to open SR.
When I asked about my wife's case, she replied the same in no FP has done then probably she has not got her background clearance yet. so need to wait for 441 days for her case too.
Then I said my dates are current and if no FP done then I would loose my chance and she replied that until background clearance is done no FP will be sent and they would not touch the case until then.
Friends / Gurus, any advice or please let me know how to follow up on this. I do not want to loose this opportunity.
Thanks in advance.
Shana
Please advice or suggest.
Here is my situation, filed I 485 in July 2007 and No FP done.
Called USCIS in Mar 2008 and opened a SR and got SR for my self in hard copy and an email for my wife that some one contacted about your case for FP and a notice will be mailed to with specific time and date.
And I waited this long and no notice has arrived for me and dates are current in Aug 2008.
Today (July 21 2008) I called USCIS and used the following menus.
2-6-1-(Enter Receipt Number)-1-1-3-1
And a representative has greeted very well and asked bunch of questions and asked to answer yes or no (no details just yes or no)
Then she said as the Background Clearance has not been done for my case, they would not send the FP. And to open a SR I have to wait at least 441 days from Receipt date of I485 to open SR.
When I asked about my wife's case, she replied the same in no FP has done then probably she has not got her background clearance yet. so need to wait for 441 days for her case too.
Then I said my dates are current and if no FP done then I would loose my chance and she replied that until background clearance is done no FP will be sent and they would not touch the case until then.
Friends / Gurus, any advice or please let me know how to follow up on this. I do not want to loose this opportunity.
Thanks in advance.
Shana
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rajeevkaza
10-30 09:33 PM
Hi,
I understand ur problem, let us fix one by one, Ideally you are supposed to apply ur H1B atleast before 1 month, at the same time you can apply ur H1B extension within 45 days after expiry date with a genuine reason. As your Attorney to show proof and have him apply for H1B. Once you receive your receipt number you are still on H1B, if there is a way try to get it done in premium process.
Now coming to using EAD, once you start using it, as far as my little knowledge goes you should not come back to H1B.
Good Luck.
I understand ur problem, let us fix one by one, Ideally you are supposed to apply ur H1B atleast before 1 month, at the same time you can apply ur H1B extension within 45 days after expiry date with a genuine reason. As your Attorney to show proof and have him apply for H1B. Once you receive your receipt number you are still on H1B, if there is a way try to get it done in premium process.
Now coming to using EAD, once you start using it, as far as my little knowledge goes you should not come back to H1B.
Good Luck.
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MahaBharatGC
08-15 10:22 AM
I dont think that the priority dates will become current by next year october for 2003. I really pray for that to happen as we are all going to go through...
We all know that working as a consultant without GC is very risky when market goes down.
So, play your cards safe....
We all know that working as a consultant without GC is very risky when market goes down.
So, play your cards safe....
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Sirisian
12-08 12:20 PM
congratulation to all winner... especially to winner who use the "stargate" background and put the text only...
nice contest.....
I sense a bit of sarcasm? You're "It's Okay" button was a good painting. I'm actually amazed the flower got third place.
Also does this contest remind anyone of pogs? That's what I thought this contest was when I first saw it.
nice contest.....
I sense a bit of sarcasm? You're "It's Okay" button was a good painting. I'm actually amazed the flower got third place.
Also does this contest remind anyone of pogs? That's what I thought this contest was when I first saw it.
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jonty_11
06-11 12:18 PM
Guys,
Every news channel and radio stations is talking abt Bush bringing back teh Immi bill. And I think he will
He will armtwist Congress to pass it like he got the Iraq funding bill passed (w/o plan for withdrawal).....We should have a plan to bring in our ammdts as soon as the bill hits floor again...
http://www.cnn.com/2007/POLITICS/06/11/bush.immigration.ap/index.html
Every news channel and radio stations is talking abt Bush bringing back teh Immi bill. And I think he will
He will armtwist Congress to pass it like he got the Iraq funding bill passed (w/o plan for withdrawal).....We should have a plan to bring in our ammdts as soon as the bill hits floor again...
http://www.cnn.com/2007/POLITICS/06/11/bush.immigration.ap/index.html
more...
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raysaikat
04-21 11:27 PM
Hello
My story is:
I've been on J2 for a while, it expires in May 2011. I have a EAD and currentlt I'm working for a company as a professional.I have a 5 years of Bs degree.
Questions are:
1. Can my employer apply for a Perm Cert for me if they want.
2. After getting the perm cert. can my employer file I 140 under EB3 for me?
3. Will I be eligible for premium processing for I 140 application, in 15 days?
4. Lets say all the above steps are accomplished and I got approved for I 140, all happened prior to May 2011 (this is the actual date my J visa and EAD expires).
a. Then I'll still be working with my current EAD, right?
b. Then what happens after May 2011?
c. DO I need to wait to file I 485 or can I file it right after my I 140 approved?
d. how can I legally work in the USA after my EAD from J visa expires, but if I have approved I 140.
thank you very much
What is your country of birth (not citizenship)?
My story is:
I've been on J2 for a while, it expires in May 2011. I have a EAD and currentlt I'm working for a company as a professional.I have a 5 years of Bs degree.
Questions are:
1. Can my employer apply for a Perm Cert for me if they want.
2. After getting the perm cert. can my employer file I 140 under EB3 for me?
3. Will I be eligible for premium processing for I 140 application, in 15 days?
4. Lets say all the above steps are accomplished and I got approved for I 140, all happened prior to May 2011 (this is the actual date my J visa and EAD expires).
a. Then I'll still be working with my current EAD, right?
b. Then what happens after May 2011?
c. DO I need to wait to file I 485 or can I file it right after my I 140 approved?
d. how can I legally work in the USA after my EAD from J visa expires, but if I have approved I 140.
thank you very much
What is your country of birth (not citizenship)?
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santb1975
02-14 03:37 PM
Thanks for sending the letters out. We hope to see you at our next event
I would have loved to attend, but since this a long weekend I am going out on Friday and will not be back until Monday.
Just FYI.. I did send the letters last week.
Thanks,
Abhay
I would have loved to attend, but since this a long weekend I am going out on Friday and will not be back until Monday.
Just FYI.. I did send the letters last week.
Thanks,
Abhay
more...
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go_guy123
01-20 10:29 AM
None of us here has little luck... We were close to CIR this year and now new math is in picture.. Two possibility for CIR in 2010...
(1) Dems will not touch it.
(2) GOP will not support it because people will think Dems passed it and that will help them to win midterm election.
CIR was impossible all along. It was delusional to think such a political hot potato can pass.
Not just my opinion ...but also that of IV board member: Greg Siskind.
The good part is as democratic party losses seats....the CIR lobby weakens and piecemeal will have better chance.
(1) Dems will not touch it.
(2) GOP will not support it because people will think Dems passed it and that will help them to win midterm election.
CIR was impossible all along. It was delusional to think such a political hot potato can pass.
Not just my opinion ...but also that of IV board member: Greg Siskind.
The good part is as democratic party losses seats....the CIR lobby weakens and piecemeal will have better chance.
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micofrost
07-16 05:59 PM
AILA/AILF
Another mess in creation or what. Whatever AILA/AILF is publishing is in stark contrast to IV and others.
What the hell is happening. I would love to believe IV but would hate to ignore AILA. IS AILA screwing up because they need some financial reimbursement too. From their press release, looks like we have a long ride ahead.
Another mess in creation or what. Whatever AILA/AILF is publishing is in stark contrast to IV and others.
What the hell is happening. I would love to believe IV but would hate to ignore AILA. IS AILA screwing up because they need some financial reimbursement too. From their press release, looks like we have a long ride ahead.
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gee_see
10-19 09:05 AM
There was no response when i posted same issue couple of weeks ago. Does it imply that no one is facing this type of issue? or .... it will be outright denial case?
Please share your thoughts
Please share your thoughts
belmontboy
12-05 12:12 PM
http://minx.cc/?post=279217
you live your life dude, don't let any other M'fer control it!!!
some LOSER! gave me a red for this post. The coward's comment was "is this how you talk to your mother...."
What a jackass!!!
Must be a terrorist sympathizer!!!
you live your life dude, don't let any other M'fer control it!!!
some LOSER! gave me a red for this post. The coward's comment was "is this how you talk to your mother...."
What a jackass!!!
Must be a terrorist sympathizer!!!
Suvendra
01-10 10:59 PM
Hello,
wanted to know, what happens to employees of Vision Systems Group and its sister company's employees immigration status. as every one know VSGINC has allegations from USCIS on immigration fraud and H-1B.
Employees like me no where related to there fraud. how USCIS reacts on employees pending 485?. Most of the employees are moved out using AC21.
wanted to know, what happens to employees of Vision Systems Group and its sister company's employees immigration status. as every one know VSGINC has allegations from USCIS on immigration fraud and H-1B.
Employees like me no where related to there fraud. how USCIS reacts on employees pending 485?. Most of the employees are moved out using AC21.
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