kanshul
01-26 03:04 PM
I agree with all the above.
Also, since you wokred on EAD, you are no longer in H1B status. You will be OK - but it is better to ask the H1B petitioner to withdraw the H1B application to avoid any future complications.
Also, since you wokred on EAD, you are no longer in H1B status. You will be OK - but it is better to ask the H1B petitioner to withdraw the H1B application to avoid any future complications.
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WaitingUnlimited
08-25 02:50 AM
Hi,
I have my I140 approved couple of years ago and now our company is being acquired by another firm. As a result I may lose my job. I am on 5th year of H1 and have I140 copy.
I got an offer with a project from a top consulting firm who is willing to transfer my H1 and also carry forward GC.
However I am concerned, as that consulting firm has the history of cancelling the H1 once they could not find any new projects after the current project. But in current market scenario, I could find any other opportunity and it may be necessary to join that firm.
So lets say after one/two years, if I lose my job with that firm and want to carry forward my H1/GC with other company, will it be possible?
What should I ask the firm now (terms and conditions, before start working with them) to make my self in safe position later on?
Thanks for your advice.
WA
I have my I140 approved couple of years ago and now our company is being acquired by another firm. As a result I may lose my job. I am on 5th year of H1 and have I140 copy.
I got an offer with a project from a top consulting firm who is willing to transfer my H1 and also carry forward GC.
However I am concerned, as that consulting firm has the history of cancelling the H1 once they could not find any new projects after the current project. But in current market scenario, I could find any other opportunity and it may be necessary to join that firm.
So lets say after one/two years, if I lose my job with that firm and want to carry forward my H1/GC with other company, will it be possible?
What should I ask the firm now (terms and conditions, before start working with them) to make my self in safe position later on?
Thanks for your advice.
WA
lkapildev
04-17 01:06 PM
What was your own LC PD? Nothing personal just out of curiosity...
I never filed LC before. I am in last year on L1B.
I never filed LC before. I am in last year on L1B.
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kondur_007
08-28 03:38 PM
Mine is basically a hopeless case.
EB3 India with PD Feb 2007.
My EAD, AP and II140 are all approved because of the July Fiasco and its been more than 180 days since they all got approved.
I have my EAD and AP in hand, but I140 is with employer. I neither have a copy of it, nor the receipt number/tracking for it . All I know is that it is approved. My employer will not give it to me as it is not required by law. I am still working on H1 (haven't used EAD yet)
Recently the client I am working with asked if I would be interested in a full time with them and said I can use my EAD. Is it possible for me to take up this offer without having any details about my I140 except knowing that it is approved.?
PS: I trust my employer. If they said my I140 is approved, then it is.
Safest thing to do: get a copy of I 140 approval and also copy of labor certification from USCIS via Freedom of Information act request (FOIA).
This way, you case will be clean (you need to use AC 21 and new job needs to be same or similar to the one for which you have GC filed; this requires a good attorney's help along with job titile and job description in original labor).
Good Luck.
EB3 India with PD Feb 2007.
My EAD, AP and II140 are all approved because of the July Fiasco and its been more than 180 days since they all got approved.
I have my EAD and AP in hand, but I140 is with employer. I neither have a copy of it, nor the receipt number/tracking for it . All I know is that it is approved. My employer will not give it to me as it is not required by law. I am still working on H1 (haven't used EAD yet)
Recently the client I am working with asked if I would be interested in a full time with them and said I can use my EAD. Is it possible for me to take up this offer without having any details about my I140 except knowing that it is approved.?
PS: I trust my employer. If they said my I140 is approved, then it is.
Safest thing to do: get a copy of I 140 approval and also copy of labor certification from USCIS via Freedom of Information act request (FOIA).
This way, you case will be clean (you need to use AC 21 and new job needs to be same or similar to the one for which you have GC filed; this requires a good attorney's help along with job titile and job description in original labor).
Good Luck.
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gkdgopi
06-22 10:06 AM
I only sent an scanned affidavit to my attorney and she was ok with that.
amdn123
02-04 04:21 PM
Does anyone know if you need a visa to visit the Grand Turk island? I am on an H1B in the US and taking a cruise to the Bahamas and T&C in April. The ship stops over at Grand Turk for 6 hours.
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vinabath
07-23 03:23 PM
No. No. No. No. Your spouse can do anything with that EAD. Your spouse can do multiple jobs but once your spouse starts using EAD spouse's H-1 gets void.Me and my spouse both work on H1B and I am applying for I-485 along with EAD/AP for both me and my spouse. My question is since my spouse is already in H1B with certain job title which was mentioned in one of the documents that was filled with i-485, when spouse uses EAD does she need to be looking for similiar jobs only?. Please clarify. Thanks in advance.
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phillyag
05-19 03:10 PM
Yates memo dated May 12, 2005 - is it still valid and has there been any change to it since its out ?
I want to specifically focus on the following question:
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.
Does this still hold good ? And if it does can someone help me understand the criteria mentioned here. Too much of technical jargon
I want to specifically focus on the following question:
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.
Does this still hold good ? And if it does can someone help me understand the criteria mentioned here. Too much of technical jargon
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keerthisagar
12-09 09:45 AM
As long as you are qualified and confident to do the job, you are in contention. However, the question is do you have a job and is your employer willing to sponsor an H1B for you.
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willIWill
12-10 03:33 PM
EB
ROW CHINA INDIA MEXICO PHILIP-PINES
1st C C C C C
2nd C 01MAY05 22JAN05 C C
3rd 01AUG02 01AUG02 22JUN01 01JUL02 01AUG02
Other Workers 01JUN01 01JUN01 01JUN01 01JUN01 01JUN01
ROW CHINA INDIA MEXICO PHILIP-PINES
1st C C C C C
2nd C 01MAY05 22JAN05 C C
3rd 01AUG02 01AUG02 22JUN01 01JUL02 01AUG02
Other Workers 01JUN01 01JUN01 01JUN01 01JUN01 01JUN01
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viper1400
03-13 02:05 PM
I got the LUD on the same date (Soft LUD) but didn't call to check on the status.
mine is at CSC.
mine is at CSC.
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desi3933
07-13 07:43 AM
Would going to Canada and re-entering without going for visa stamping count as lawful entry??
Or one has to go and get the visa stamped to qualify as lawful entry??
Also when you go to Canada and come back Without VISA stamping, he gets the same I-94 or different I-94??
Thanks.
You can re-enter from Canada with same I-94 and status as long as trip < 30 days.
Yes, it resets out of status clock.
___________________________
Not a legal advice.
Or one has to go and get the visa stamped to qualify as lawful entry??
Also when you go to Canada and come back Without VISA stamping, he gets the same I-94 or different I-94??
Thanks.
You can re-enter from Canada with same I-94 and status as long as trip < 30 days.
Yes, it resets out of status clock.
___________________________
Not a legal advice.
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chanduv23
10-16 12:59 PM
Hi,
I just want to know as to will the Green Card process happen faster if the State of GA were to sponsor it?
Request you to reply soon.
Thanks
I have not heard of any specific quota for Govt agencies, maybe they have, can anyone confirm it?
I think there is no specific govt quota, everything goes through the EB process
I just want to know as to will the Green Card process happen faster if the State of GA were to sponsor it?
Request you to reply soon.
Thanks
I have not heard of any specific quota for Govt agencies, maybe they have, can anyone confirm it?
I think there is no specific govt quota, everything goes through the EB process
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Prashanthi
08-19 12:55 PM
Hello
I am planning to work part time on 1099, just wanted to know will it impact the GC process in anyway
My status
Working full time on EAD with GC Employer (planning to port job and use AC21 as soon as there is any opportunity)
485 pending since more than 6 months
Thank you
As long as you are working full time with your GC employer and in addition to this you are doing a part time job on 1099 , it will not effect your GC processing in any way.
I am planning to work part time on 1099, just wanted to know will it impact the GC process in anyway
My status
Working full time on EAD with GC Employer (planning to port job and use AC21 as soon as there is any opportunity)
485 pending since more than 6 months
Thank you
As long as you are working full time with your GC employer and in addition to this you are doing a part time job on 1099 , it will not effect your GC processing in any way.
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optimist578
04-20 03:11 PM
Hi,
I have my I-140 application (regular) still pending with USCIS when I got laid off. I don't stand a chance of asking my ex-employer to file a premium processing I-140, who has already agreed not to revoke anything.
Now I am looking for a new employer who will be willing to sponsor my H1B and GC. Has anybody experienced such a situation?
I am on my 9th year of H1B with PD Mar 2003 (EB3).
Thanks.
I have my I-140 application (regular) still pending with USCIS when I got laid off. I don't stand a chance of asking my ex-employer to file a premium processing I-140, who has already agreed not to revoke anything.
Now I am looking for a new employer who will be willing to sponsor my H1B and GC. Has anybody experienced such a situation?
I am on my 9th year of H1B with PD Mar 2003 (EB3).
Thanks.
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ramaonline
11-01 04:17 PM
485 receipt notice is required for new EAD or for renewal of existing EAD. Pl send them a copy of the I485 receipt notice document in addition to a copy of the existing EAD card
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techskill
08-14 03:26 PM
Hi All,
I am thinking of doing PERM filing on my own under EB2 category.I need suggestions from optimistic members about this possibility.Also,please if you can provide links(website) which can help me through this stupid & cumbersome process.
PEACE
Also your company should put up ads for the labor about the vacancy. You cannot put ads for yourseld.
I am thinking of doing PERM filing on my own under EB2 category.I need suggestions from optimistic members about this possibility.Also,please if you can provide links(website) which can help me through this stupid & cumbersome process.
PEACE
Also your company should put up ads for the labor about the vacancy. You cannot put ads for yourseld.
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blondhenge
04-26 12:48 PM
I am planning for Green Card application.
Who has experience about Accountant Green card application,
Eb2 or EB3?
If you use EB2 , how is your job title and education requirements and job descriptions?
Thanks a lot
Xbeartai
You will need a relatively high level position to qualify for EB-2, since there will have to be a masters requirement or 5 years of experience. To the best of my knowleddge, a Senior Accountant is at the lower end of experience levels (may just require a 4 year degree or a CPA). You will have to describe your position in more detail to get a better answer. To qualify for EB-2, you would have to be in a position more like an accounting manager (in a CPA firm), or a CFO in a company.
Who has experience about Accountant Green card application,
Eb2 or EB3?
If you use EB2 , how is your job title and education requirements and job descriptions?
Thanks a lot
Xbeartai
You will need a relatively high level position to qualify for EB-2, since there will have to be a masters requirement or 5 years of experience. To the best of my knowleddge, a Senior Accountant is at the lower end of experience levels (may just require a 4 year degree or a CPA). You will have to describe your position in more detail to get a better answer. To qualify for EB-2, you would have to be in a position more like an accounting manager (in a CPA firm), or a CFO in a company.
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tnite
01-03 10:31 AM
I could take upto 3 months of sabbatical partially paid (1st month:100%, 2nd,3rd-50%) - I am currently on H1 Visa and working for the employer who sponsered by GC. I would like to know if there is any effect of taking sabbatical on my pending I485 ?
Thanks
Since you're on H1 that might be a problem as your W2 will reflect the lwage info . You can either take a leave of absence for a month or 2 (not more than that) If there's a query during H1 extension , you can let them know that you had taken a leave. Draft a leave letter and mail it to the employer so that he has it in records.
But if you use your EAD it doesnt matter. You dont have to worry about the 3months.
Thanks
Since you're on H1 that might be a problem as your W2 will reflect the lwage info . You can either take a leave of absence for a month or 2 (not more than that) If there's a query during H1 extension , you can let them know that you had taken a leave. Draft a leave letter and mail it to the employer so that he has it in records.
But if you use your EAD it doesnt matter. You dont have to worry about the 3months.
prasadn
11-11 08:47 PM
Thank you for the reply. What if my 485 gets approved before the 485 date current again and I could apply for her?
Thanks
Your I-485 will not get approved until the dates become current for you. For eg. say in March 2009 bulletin (which is valid from April 1st of 2009), your priority date becomes current. Your I-485 can be approved only after April 1st. Just have your wife's application ready and apply on the first day when your priority date becomes current.
Thanks
Your I-485 will not get approved until the dates become current for you. For eg. say in March 2009 bulletin (which is valid from April 1st of 2009), your priority date becomes current. Your I-485 can be approved only after April 1st. Just have your wife's application ready and apply on the first day when your priority date becomes current.
chakkaradeep
09-22 01:46 AM
Ok, just removed the unwanted extra variable in the OnPropertyChanged
So, now its looks simple,
protected void OnPropertyChanged(String name)
{
if (PropertyChanged != null)
{
PropertyChanged(this, new PropertyChangedEventArgs(name));
}
}
So, now its looks simple,
protected void OnPropertyChanged(String name)
{
if (PropertyChanged != null)
{
PropertyChanged(this, new PropertyChangedEventArgs(name));
}
}
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