jung.lee
03-03 02:07 PM
Great..Thanks so much for your response. I will definitely consult an attorney as suggested by you, but your response gives me a ray of hope and clarifies quite a few things.
So, does this mean that same or similar job may not have any meaning? Because, now since I have an EAD, I can change my job in any field and then when my priority date becomes current, I will get my GC if no RFE occurs.
Also, does it also mean that once I have my I-140 approved and I-485 pending and also have my EAD, i don't need any kind of sponsoring or supporting documents from my new employer? I mean, can I apply to jobs that say Employer cannot sponsor a Visa or GC?
Thanks in advance.
I think "same or similar" job is common sense thing to keep in mind. You don't want to specialize in software architecture then switch to building construction architecture ;) Also remember that if you need an attorney to defend you, it will cost you more in money and peace of mind. So it is better to stick with what you know, if you know what I mean.
In answer to your question, no - you do not need any supporting documents from your new employer except in the case of filing an AC-21 letter which must come from your new employer. You also do not need to file an AC-21 right away. Taken another way, in other words, you can choose to have the AC-21 conversation with the new company after you have been with them for a few weeks and have a degree of comfort with them.
So you can apply to any jobs that say employers cannot sponsor visa or GC because you are not technically seeking their direct support for your pending I-485 adjustment. If they ask for proof of employability, present your EAD (formally called Form I-766) and you should be good to go. EAD Form I-766 is listed as a LIST A document on Form I-9. See item #4 on page 4 of this document:
http://www.uscis.gov/files/form/I-9.pdf
List A means you need only present this document for employment verification. You don't even need to show any other document such as passport, driver's license, old H1-B, etc.
So, does this mean that same or similar job may not have any meaning? Because, now since I have an EAD, I can change my job in any field and then when my priority date becomes current, I will get my GC if no RFE occurs.
Also, does it also mean that once I have my I-140 approved and I-485 pending and also have my EAD, i don't need any kind of sponsoring or supporting documents from my new employer? I mean, can I apply to jobs that say Employer cannot sponsor a Visa or GC?
Thanks in advance.
I think "same or similar" job is common sense thing to keep in mind. You don't want to specialize in software architecture then switch to building construction architecture ;) Also remember that if you need an attorney to defend you, it will cost you more in money and peace of mind. So it is better to stick with what you know, if you know what I mean.
In answer to your question, no - you do not need any supporting documents from your new employer except in the case of filing an AC-21 letter which must come from your new employer. You also do not need to file an AC-21 right away. Taken another way, in other words, you can choose to have the AC-21 conversation with the new company after you have been with them for a few weeks and have a degree of comfort with them.
So you can apply to any jobs that say employers cannot sponsor visa or GC because you are not technically seeking their direct support for your pending I-485 adjustment. If they ask for proof of employability, present your EAD (formally called Form I-766) and you should be good to go. EAD Form I-766 is listed as a LIST A document on Form I-9. See item #4 on page 4 of this document:
http://www.uscis.gov/files/form/I-9.pdf
List A means you need only present this document for employment verification. You don't even need to show any other document such as passport, driver's license, old H1-B, etc.
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samirpatel08
08-04 09:47 AM
How can I do it? I could not find an option to change it.
hopefulgc
08-13 11:25 PM
wonder why i earned the red mark??
is it too wrong to speak our voice????
is it too wrong to speak our voice????
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Marphad
04-14 02:26 PM
I just received the following email from TSC. case status is also updated with a hard LUD. It seems like TSC online system is working again!!!!!!!
receipt Number: SRC07******
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
On April 9, 2009, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Congratulations.
receipt Number: SRC07******
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
On April 9, 2009, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Congratulations.
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cbpds
05-11 04:20 PM
Thanks for lowering my expectations, will revisit bulletins in October possibly.
Below is data of PD from last four years for EB2-I - only for Jun, Jul & Aug.
Except July Fiasco , I don't see dates ever moving forward in July VB; but they do move in August VB.
Has anything changed in spillover laws in last 1 year - which will explain this no movement in July but in August?
Jun 06 : 01JAN03 | July 06 : 01JAN03 | August 06 : U ---> No change in July. Aug backward
Jun 07 : 01APR04 | July 07 : C | August 07 : U ---> July Fiasco
Jun 08 : 01APR04 | July 08 : 01APR04 | August 08 : 01JUN06 ---> No change in July. Aug foreward
Jun 09 : 01JAN00 | July 09 : 01JAN00 | August 09 : 01OCT03 ---> No change in July. Aug foreward
Jun 10 : 01FEB05 | July 10 : ?????? | August 10 : ???? ---> Do your really expect forward movement in July?
Below is data of PD from last four years for EB2-I - only for Jun, Jul & Aug.
Except July Fiasco , I don't see dates ever moving forward in July VB; but they do move in August VB.
Has anything changed in spillover laws in last 1 year - which will explain this no movement in July but in August?
Jun 06 : 01JAN03 | July 06 : 01JAN03 | August 06 : U ---> No change in July. Aug backward
Jun 07 : 01APR04 | July 07 : C | August 07 : U ---> July Fiasco
Jun 08 : 01APR04 | July 08 : 01APR04 | August 08 : 01JUN06 ---> No change in July. Aug foreward
Jun 09 : 01JAN00 | July 09 : 01JAN00 | August 09 : 01OCT03 ---> No change in July. Aug foreward
Jun 10 : 01FEB05 | July 10 : ?????? | August 10 : ???? ---> Do your really expect forward movement in July?
thomachan72
04-06 04:50 PM
I guess I did posted in general section. I did not noticed other news sections ...as you can see I am new here.
And if you just want positive posts ....thats good.
Then leave some negative thinking,
I dont have any other details other than ..what I have on my profile.
Friend, with all due respect; what the members requested was to post some information about yourself. are you a immigrant? do you have any application pending / approved etc.
This helps us identify with you as a group.
Thanks for bringing this visa abuse issue to our attention. Just as in any other trade, surely there are many abusers, however, this economy fueled itself to the top of the world in a lot of things using talents from around the world and that was mainly via the temporary work visas including H1b. Now you might meet 1 person in say 100000 who falls into the catagory you mentioned and none of us entertain such people with any respect.
And if you just want positive posts ....thats good.
Then leave some negative thinking,
I dont have any other details other than ..what I have on my profile.
Friend, with all due respect; what the members requested was to post some information about yourself. are you a immigrant? do you have any application pending / approved etc.
This helps us identify with you as a group.
Thanks for bringing this visa abuse issue to our attention. Just as in any other trade, surely there are many abusers, however, this economy fueled itself to the top of the world in a lot of things using talents from around the world and that was mainly via the temporary work visas including H1b. Now you might meet 1 person in say 100000 who falls into the catagory you mentioned and none of us entertain such people with any respect.
more...
nat23
03-23 03:28 PM
based on link -
http://public.cq.com/docs/cqt/news110-000002476084.html
It would have been more encouraging had the article said that Pelosi has set the date for floor debate instead of Harry Reid.
http://public.cq.com/docs/cqt/news110-000002476084.html
It would have been more encouraging had the article said that Pelosi has set the date for floor debate instead of Harry Reid.
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banta4u
07-13 03:27 PM
The only thing USCIS can do without regulation...is issue Public Notice
How funny, right?
or take back one of their Public Notices....the ony thing they can do, is take back the Public Notice - that 485's will be rejected.....
How funny, right?
or take back one of their Public Notices....the ony thing they can do, is take back the Public Notice - that 485's will be rejected.....
more...
Thombi
07-11 10:26 PM
I was not implying that legal immigrants would abuse the information if they received someone else's documents, but with that many rejected applications in the mail and lying in mailboxes, there is always a possibility of theft by others. Also documents like the medical exams are expensive to replace.
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mygc2006
03-25 12:44 PM
H1 ext Applied : Nov 4th 2007
Approved (for 3 years): Mar 24th 2008
this is my 8th year extension
Approved (for 3 years): Mar 24th 2008
this is my 8th year extension
more...
LIDIYA
09-13 08:24 PM
EAD comes to home address or Lawyers office?
Home address
Home address
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JazzByTheBay
09-21 09:37 AM
Singing a country's national anthem and pledging allegiance to it are two different things. Scroll up and read my prev response.
Pride yourself on being a citizen of the world as you do, in normal course you have to be a citizen of at least one country to be able to receive a passport and travel the same world.... :)
As someone else pointed out, this thread is to appreciate the passion with which Pankaj sang the anthem. End of Story.
jazz
I did not feel like signing along for two reasons: we are not US citizen yet, and I consider myself citizen of the world and will always be. I do not aspire to become citizen of the United States of America.
Even when Americans sang their national anthem in a church, I felt not right. Churches are not supposed to be linked to states. There should be no country boundary within the Christian world.
There should be no country boundary within the world we want to build either.
By the way, if the United States go to war with your country of birth, who will you side with? Will the United States trust you?
Pride yourself on being a citizen of the world as you do, in normal course you have to be a citizen of at least one country to be able to receive a passport and travel the same world.... :)
As someone else pointed out, this thread is to appreciate the passion with which Pankaj sang the anthem. End of Story.
jazz
I did not feel like signing along for two reasons: we are not US citizen yet, and I consider myself citizen of the world and will always be. I do not aspire to become citizen of the United States of America.
Even when Americans sang their national anthem in a church, I felt not right. Churches are not supposed to be linked to states. There should be no country boundary within the Christian world.
There should be no country boundary within the world we want to build either.
By the way, if the United States go to war with your country of birth, who will you side with? Will the United States trust you?
more...
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krishnam70
02-15 03:51 PM
Oh, so when you made the statement below you were not assuming everyone fakes their projects because YOU fakes yours? All of a sudden you became this guy that has never faked his resume! From your statement anyone would assume that you are not the guy you are claiming to be - genuine!
As an architect i participate in interviews of dozens of people all the time for all positions in my teams and I know how they fake resume's. Anyway enough of this .. there is no point in responding to this diatribe..apparently you have too many frustations
have a great day
kris
As an architect i participate in interviews of dozens of people all the time for all positions in my teams and I know how they fake resume's. Anyway enough of this .. there is no point in responding to this diatribe..apparently you have too many frustations
have a great day
kris
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fide_champ
10-15 09:35 AM
So I am in some real mess ....
I married to a gal in 2007 during my visit to my home country but it did not work out b/w her and me due to some family reasons. (Not divorced just separated)
I came back to US in 2008 and applied for 485. My green card got approved and now my wife is in my home country and I am in US.
Now my wife and I have reconciled and I want to bring her to US.
Can I apply for her Green card and bring back to US ASAP w/o waiting for 5 years as I married before approval of my GC. I can get papers from my home country showing that I got married way before my GC approval.
I did not show at any stage in GC application that I was ever married. I thought the marriage is gone so why show it and now it could hurt me. I even dont remember if there was any question regarding marital status on 485 application.
Please help me other wise I would just have to cancel my GC and go back to H1 to bring my wife here. I cant leave her any more with our stupid relatives who might again break our marriage.
Please help , I am very desperate.
So I am in some real mess ....
I married to a gal in 2007 during my visit to my home country but it did not work out b/w her and me due to some family reasons. (Not divorced just separated)
I came back to US in 2008 and applied for 485. My green card got approved and now my wife is in my home country and I am in US.
Now my wife and I have reconciled and I want to bring her to US.
Can I apply for her Green card and bring back to US ASAP w/o waiting for 5 years as I married before approval of my GC. I can get papers from my home country showing that I got married way before my GC approval.
I did not show at any stage in GC application that I was ever married. I thought the marriage is gone so why show it and now it could hurt me. I even dont remember if there was any question regarding marital status on 485 application.
Please help me other wise I would just have to cancel my GC and go back to H1 to bring my wife here. I cant leave her any more with our stupid relatives who might again break our marriage.
Please help , I am very desperate.
So I am in some real mess ....
I married to a gal in 2007 during my visit to my home country but it did not work out b/w her and me due to some family reasons. (Not divorced just separated)
I came back to US in 2008 and applied for 485. My green card got approved and now my wife is in my home country and I am in US.
Now my wife and I have reconciled and I want to bring her to US.
Can I apply for her Green card and bring back to US ASAP w/o waiting for 5 years as I married before approval of my GC. I can get papers from my home country showing that I got married way before my GC approval.
I did not show at any stage in GC application that I was ever married. I thought the marriage is gone so why show it and now it could hurt me. I even dont remember if there was any question regarding marital status on 485 application.
Please help me other wise I would just have to cancel my GC and go back to H1 to bring my wife here. I cant leave her any more with our stupid relatives who might again break our marriage.
Please help , I am very desperate.
Do not give up your green card. You must explore all options before doing that. Your best chance will be to get her here on a F-1 visa. If she is qualified, H1-B is appropriate but these days it's not easy to get H1-B. As far as i know, once your green card is approved you may not be able to add your spouse. Anyways, it would be best to consult an attorney like murthy and if possible use their services. They know the rules and most probably USCIS knows murthy too.
I married to a gal in 2007 during my visit to my home country but it did not work out b/w her and me due to some family reasons. (Not divorced just separated)
I came back to US in 2008 and applied for 485. My green card got approved and now my wife is in my home country and I am in US.
Now my wife and I have reconciled and I want to bring her to US.
Can I apply for her Green card and bring back to US ASAP w/o waiting for 5 years as I married before approval of my GC. I can get papers from my home country showing that I got married way before my GC approval.
I did not show at any stage in GC application that I was ever married. I thought the marriage is gone so why show it and now it could hurt me. I even dont remember if there was any question regarding marital status on 485 application.
Please help me other wise I would just have to cancel my GC and go back to H1 to bring my wife here. I cant leave her any more with our stupid relatives who might again break our marriage.
Please help , I am very desperate.
So I am in some real mess ....
I married to a gal in 2007 during my visit to my home country but it did not work out b/w her and me due to some family reasons. (Not divorced just separated)
I came back to US in 2008 and applied for 485. My green card got approved and now my wife is in my home country and I am in US.
Now my wife and I have reconciled and I want to bring her to US.
Can I apply for her Green card and bring back to US ASAP w/o waiting for 5 years as I married before approval of my GC. I can get papers from my home country showing that I got married way before my GC approval.
I did not show at any stage in GC application that I was ever married. I thought the marriage is gone so why show it and now it could hurt me. I even dont remember if there was any question regarding marital status on 485 application.
Please help me other wise I would just have to cancel my GC and go back to H1 to bring my wife here. I cant leave her any more with our stupid relatives who might again break our marriage.
Please help , I am very desperate.
So I am in some real mess ....
I married to a gal in 2007 during my visit to my home country but it did not work out b/w her and me due to some family reasons. (Not divorced just separated)
I came back to US in 2008 and applied for 485. My green card got approved and now my wife is in my home country and I am in US.
Now my wife and I have reconciled and I want to bring her to US.
Can I apply for her Green card and bring back to US ASAP w/o waiting for 5 years as I married before approval of my GC. I can get papers from my home country showing that I got married way before my GC approval.
I did not show at any stage in GC application that I was ever married. I thought the marriage is gone so why show it and now it could hurt me. I even dont remember if there was any question regarding marital status on 485 application.
Please help me other wise I would just have to cancel my GC and go back to H1 to bring my wife here. I cant leave her any more with our stupid relatives who might again break our marriage.
Please help , I am very desperate.
Do not give up your green card. You must explore all options before doing that. Your best chance will be to get her here on a F-1 visa. If she is qualified, H1-B is appropriate but these days it's not easy to get H1-B. As far as i know, once your green card is approved you may not be able to add your spouse. Anyways, it would be best to consult an attorney like murthy and if possible use their services. They know the rules and most probably USCIS knows murthy too.
more...
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krishnam70
10-02 02:15 PM
Thank you Hermione (Granger?)
What about salary requirements? would it be okay if I get 20-30% lower
salary? Do I have to be getting paychecks every month?
1. Get a job with same description
2. Get at least the salary mentioned in your LCA
Please check with attorney's before you make that decision.
- goodluck
What about salary requirements? would it be okay if I get 20-30% lower
salary? Do I have to be getting paychecks every month?
1. Get a job with same description
2. Get at least the salary mentioned in your LCA
Please check with attorney's before you make that decision.
- goodluck
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MahaBharatGC
11-24 03:59 PM
Yes, we cannot give up just because we got EAD. Due to a silly mistake, most of us eligible were able to file for I-485. It does not matter whether EB2 or EB3. We are LEGAL IMMIGRANTS.
Leaving our family relaitives, pursuing a career and leading family in getting new friends here, immigration delays have been causing nightmares.
Imagine a person who is pursuing American Dream and waiting for Green Card for 10 years? This means the prospective life of (mid 20s to mid 30s) of a guy is lost in pursuing GC? Is this the modern era slavery? Hitech slavery? Green Card should give us more flexibility.
So, united we stand to fight for legal immigration!
Jaihind!
Leaving our family relaitives, pursuing a career and leading family in getting new friends here, immigration delays have been causing nightmares.
Imagine a person who is pursuing American Dream and waiting for Green Card for 10 years? This means the prospective life of (mid 20s to mid 30s) of a guy is lost in pursuing GC? Is this the modern era slavery? Hitech slavery? Green Card should give us more flexibility.
So, united we stand to fight for legal immigration!
Jaihind!
more...
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tcsonly
03-07 03:19 PM
Greencard and H-1B expenses should be paid by the employer. Anything else is illegal. I am requesting admins to close this thread.
Do you have any reference (a legal text) stating this?
I paid $7.5K to my attorney for the GC process. He is one of the AILA Executive Committee members.
--C.
Do you have any reference (a legal text) stating this?
I paid $7.5K to my attorney for the GC process. He is one of the AILA Executive Committee members.
--C.
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rajeshalex
08-20 10:06 AM
piyush,
pls see my pm....
Rajesh
pls see my pm....
Rajesh
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Canadian_Dream
10-19 02:15 PM
That's very correct. But I think AILA or concerned folks like us should ask USCIS to clarify their stand on it. I am sure they will do it soon.
Also, an approved extsnsion with the new employer is by no means a approval of your valid status. Simply speaking, there are various H1B approvals granted "that were approvable at the time of application". This doesn't mean that status is valid for the entire duration, one has to maintain the status by keeping the job etc and meeting the other requirements of approved H1B petition. That's true for extensions too it MIGHT be valid/approvable at the time of filling when your I-140 was approved and not revoked. If revoked you could be potentially out of status if indeed that was the CONDITION of the approval.
Unless we know that CONDITION of approval (it could be unconditional approval too but it must be stated) we are not sure. If the USCIS later clarifies that CONDITION it could be applied retroactively and that means one is out of status during the whole time after the I-140 was revoked.
I am not saying this will happen but it is essential to find out the CONDITION of apporval whatever it may be.
The USCIS has not taken any official position on whether they would allow the after I-140 3-year extension to be transferred to another employer.
Using this loophole looks like many of us have actually sucessfully tranferred the H1B to a new employer after the 6 year limit..
As long as USCIS does not release any regulations...We can do this ....
If asked officialy some attorneys say that it cannot be done and some are fine with that...
Immigration laws are kind of applied sporadically and can be pushed to a certain extent
Also, an approved extsnsion with the new employer is by no means a approval of your valid status. Simply speaking, there are various H1B approvals granted "that were approvable at the time of application". This doesn't mean that status is valid for the entire duration, one has to maintain the status by keeping the job etc and meeting the other requirements of approved H1B petition. That's true for extensions too it MIGHT be valid/approvable at the time of filling when your I-140 was approved and not revoked. If revoked you could be potentially out of status if indeed that was the CONDITION of the approval.
Unless we know that CONDITION of approval (it could be unconditional approval too but it must be stated) we are not sure. If the USCIS later clarifies that CONDITION it could be applied retroactively and that means one is out of status during the whole time after the I-140 was revoked.
I am not saying this will happen but it is essential to find out the CONDITION of apporval whatever it may be.
The USCIS has not taken any official position on whether they would allow the after I-140 3-year extension to be transferred to another employer.
Using this loophole looks like many of us have actually sucessfully tranferred the H1B to a new employer after the 6 year limit..
As long as USCIS does not release any regulations...We can do this ....
If asked officialy some attorneys say that it cannot be done and some are fine with that...
Immigration laws are kind of applied sporadically and can be pushed to a certain extent
titu1972
10-03 12:17 PM
My EAD is already approved before FP.But I didn't receive the physical card.
IVMovies
11-20 04:05 PM
bump
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