istrategist
03-25 10:13 AM
Thanks h1bworker! I had a call with their immigration lawyers
AC21 not an option since job descriptions are not similar - that in addition to the fact that EB2 app is for a different job.
The lawyer did bring up the fact that I will be taking a risk if I quit my current job and my GC gets approved or if I get an RFE before they can complete the interfiling. USCIS may push dates ahead in the last quarter (July VB) and my 10 year wait will be jeopardized.
My safest bet is to try to see if the employer will agree to start filing now and I join them when it 485 app is attached to new EB2...
Don't know if there are any other options - may post this as a separate question.
However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? : Interesting question - here is my take - if you switch job you'll have to invoke AC21 portability to keep existing application alive. You may choose not to inform USCIS about the change in employment - another grey area.
Should they file and get I-140 approved and then only I should join them? : This may not be a viable option since filing for Labor takes 2 - 3 months (might be a lot quicker in your case as they are already doing the recruiting). Labor approval can take anywhere from 2 weeks to 1+ years and then I-140 prep and filing even in premium processing may take at least a month. Your new employer may not be willing to wait that long.
AC21 not an option since job descriptions are not similar - that in addition to the fact that EB2 app is for a different job.
The lawyer did bring up the fact that I will be taking a risk if I quit my current job and my GC gets approved or if I get an RFE before they can complete the interfiling. USCIS may push dates ahead in the last quarter (July VB) and my 10 year wait will be jeopardized.
My safest bet is to try to see if the employer will agree to start filing now and I join them when it 485 app is attached to new EB2...
Don't know if there are any other options - may post this as a separate question.
However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? : Interesting question - here is my take - if you switch job you'll have to invoke AC21 portability to keep existing application alive. You may choose not to inform USCIS about the change in employment - another grey area.
Should they file and get I-140 approved and then only I should join them? : This may not be a viable option since filing for Labor takes 2 - 3 months (might be a lot quicker in your case as they are already doing the recruiting). Labor approval can take anywhere from 2 weeks to 1+ years and then I-140 prep and filing even in premium processing may take at least a month. Your new employer may not be willing to wait that long.
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AGC4ME
02-12 10:06 AM
I140 porting is based on an approved I140 from a previous labor and hence is different from labor substitution. Therefore theoretically that labor was not allowed to expire even after the rule comes in to effect. Having said that I would rather pose this question to a lawyer.
Rinsha
04-03 07:56 PM
Why is it still unaccessible? Are you guys experiencing the same?
http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
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gcdreamer05
08-20 10:09 AM
overseas i waited for replies checked with some of my friends and finally decided to post it to TExas center based on my state that i live in Mass.
Posted the app today morning so i would suggest you to post it to TX.
Posted the app today morning so i would suggest you to post it to TX.
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GCmuddu_H1BVaddu
05-01 09:05 PM
(removed.... post reached the people who are supposed to see).
Don't tell the world that you r a linebreaker
Don't tell the world that you r a linebreaker
wheretogo
11-28 01:35 PM
On Monday (11/27) I got EAD card. There was wrong in "from valid Date"
My Current EAD expires on Feb 27th 2007 and I received New EAD Valid from 11/28/2007 to 11/27/2008.
- I called Customer service First time they have told me to resend I-765, Original EAD and letter telling, what is wrong.
- Second time when I called customer service and explain issue, She transferred me to Immigration office. I got Immigration officer from Los Angles and He told me same thing to re-send all documents again without Fee
- Third time, I called VSC and talk to officer and he look my case and realized the mistake and told me , he will take care and send me new EAD card with proper validate date but when I asked me case number or reference number, he told me that you have to wait for 30 day to get new card.
- I also took InfoPass appointment tomorrow and see what local INS office suggest me.
- Tomorrow I am going to call Vermount centre and discuss and then send I-765 forms , Original EAD and letter explaining the issue.
My Current EAD expires on Feb 27th 2007 and I received New EAD Valid from 11/28/2007 to 11/27/2008.
- I called Customer service First time they have told me to resend I-765, Original EAD and letter telling, what is wrong.
- Second time when I called customer service and explain issue, She transferred me to Immigration office. I got Immigration officer from Los Angles and He told me same thing to re-send all documents again without Fee
- Third time, I called VSC and talk to officer and he look my case and realized the mistake and told me , he will take care and send me new EAD card with proper validate date but when I asked me case number or reference number, he told me that you have to wait for 30 day to get new card.
- I also took InfoPass appointment tomorrow and see what local INS office suggest me.
- Tomorrow I am going to call Vermount centre and discuss and then send I-765 forms , Original EAD and letter explaining the issue.
more...
anilsal
12-01 01:42 AM
Some of you here know the immigration law much better than I do and I just have a quick question on the "ability to file 485" issue. When congress passes a law, not every little detail is spelled out and it's left up to the related government agency/department to implement/interpret the law and spell out every single implementation detail. Having said that, is the "Ability to file 485 only when PD is current" actually spelled out in the law or is it something how USCIS decided to implement the law? If the later is true, shouldn’t we try to convince USCIS to let everyone file I-485 regardless of the PD. I mean it’s a win-win situation. USCIS gets more revenue because you now have to renew your EAD every year and most of us will be very happy because we can make career/employer changes as necessary.
The reason I ask is because it makes a lot of difference for lot of folks in terms of their own career advancement as well as spouse’s career.
This can be very important when your spouse cannot work now. Irrespective of this, EAD renewals have to be thought about every 8-9 months or so (remember someone saying you need to apply 3 months in advance).
Maybe you will have to take up a side job to pay for your frequent EAD renewals.:cool:
The reason I ask is because it makes a lot of difference for lot of folks in terms of their own career advancement as well as spouse’s career.
This can be very important when your spouse cannot work now. Irrespective of this, EAD renewals have to be thought about every 8-9 months or so (remember someone saying you need to apply 3 months in advance).
Maybe you will have to take up a side job to pay for your frequent EAD renewals.:cool:
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va_217
12-31 12:50 PM
Not sure about the Mexico consulate, but you will most probably face problems if you go to Chennai consulate.In case if you decided to take chance and go to Mexico, make sure that you have valid F1 visa to come back to USA. Otherwise you have to stay in Mexico :-)
If I am in your position, i will not this type of chances.
how can you come on F1 back, when your status is changed to H1 as you have to show valid I-20 for F1 which you don't have or you have enrolled in any school for MS, MBA or..... as you changed from F1 to H1 you anyway need stamping.
Please correct me if I am wrong
If I am in your position, i will not this type of chances.
how can you come on F1 back, when your status is changed to H1 as you have to show valid I-20 for F1 which you don't have or you have enrolled in any school for MS, MBA or..... as you changed from F1 to H1 you anyway need stamping.
Please correct me if I am wrong
more...
GC_Govinda
10-15 09:56 AM
Hello Gurus,
I am EB3 India with PD September 2002.
After all these years of endless waiting I am called for
an interview at the local office in Philadelphia
in Nov 26th 2007.
Here are my details:
Labour Applied: September 2002
Labour approved: September 2003
I-140/I-485 Applied: April 2004
I-140 Pproved: August 2004
Got married: August 2005
Applied I-485 for Wife: June 2007
Current Status of Wife: H1-B
Countelss EADs and APs for me and a recent EAD approval
for my wife with her AP still pending and status is still H1-B.
In the beginning of this year, I resigned from the
company who was the original sponsorer of my GC.
I then started contracting on hourly basis and worked for
a decent hourly rate for the first half of this year.
Finally I got a full time offer with decent salary and
benefits and took the job. I started working for this
job - remotely and also took up another contracting job
on an hourly basis (Got greedy as I waited too long :-))
and started working on both these jobs.
The point is - it is a different technology and not even
remotely connected to my original job where my Labour
cert was applied and approved. I was a developer
back then and with all the experience, I couldn't
continue as the pay was too low and no growth at all.
I can have a letter of future employment that
states that I have on offer in the same technology
in which my original labour was applied and approved
and that is not a problem at all.
Please advise me on how to go about it. I can
afford to pay and take the best attorney with me
to the interview - some one who is very well known in
the Philadelphia area.
Any inputs/advise are really appreciated.
IMP: Icing on the cake - my PD was mentioned wrong in
the interview notice - it says april 2004 !!
That was when my i-140 was applied and not labour.
My labour was applied in September 2002 !!!
Advise on this is also appreciated.
Thanks a lot.
I am EB3 India with PD September 2002.
After all these years of endless waiting I am called for
an interview at the local office in Philadelphia
in Nov 26th 2007.
Here are my details:
Labour Applied: September 2002
Labour approved: September 2003
I-140/I-485 Applied: April 2004
I-140 Pproved: August 2004
Got married: August 2005
Applied I-485 for Wife: June 2007
Current Status of Wife: H1-B
Countelss EADs and APs for me and a recent EAD approval
for my wife with her AP still pending and status is still H1-B.
In the beginning of this year, I resigned from the
company who was the original sponsorer of my GC.
I then started contracting on hourly basis and worked for
a decent hourly rate for the first half of this year.
Finally I got a full time offer with decent salary and
benefits and took the job. I started working for this
job - remotely and also took up another contracting job
on an hourly basis (Got greedy as I waited too long :-))
and started working on both these jobs.
The point is - it is a different technology and not even
remotely connected to my original job where my Labour
cert was applied and approved. I was a developer
back then and with all the experience, I couldn't
continue as the pay was too low and no growth at all.
I can have a letter of future employment that
states that I have on offer in the same technology
in which my original labour was applied and approved
and that is not a problem at all.
Please advise me on how to go about it. I can
afford to pay and take the best attorney with me
to the interview - some one who is very well known in
the Philadelphia area.
Any inputs/advise are really appreciated.
IMP: Icing on the cake - my PD was mentioned wrong in
the interview notice - it says april 2004 !!
That was when my i-140 was applied and not labour.
My labour was applied in September 2002 !!!
Advise on this is also appreciated.
Thanks a lot.
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satishku_2000
08-15 03:30 PM
My 485 was filed on july 2nd, have'nt recieved the RN,Now i want to file for EAD/AP without RN (cos need it badly for my wife) but the lawyer is advicing against it. He says...
My concern in filing the EAD/AP applications without the I-485 Receipt Notice is that it will take USCIS a long time to marry the files together, and that much longer to adjudicate, versus filing the EAD/AP applications with the I-485 Receipt Notice. In the latter case, the application can stand on its own, in that USCIS does not have to "search" for any other file; in this instance, we suspect USCIS will adjudicate these applications faster.
Anyone in the same boat..
I want to file for EAD and TD and dont have receipts yet and have been sending emails to attorney office everyday about RNs. Looks like they are busy with Aug 17th deadline and they have not got back to me yet. My lawyer dint say anything about RNs but I thought it would be nice to file for EAD and TD with 485 receipt notice so that the case would be str8forward .
My concern in filing the EAD/AP applications without the I-485 Receipt Notice is that it will take USCIS a long time to marry the files together, and that much longer to adjudicate, versus filing the EAD/AP applications with the I-485 Receipt Notice. In the latter case, the application can stand on its own, in that USCIS does not have to "search" for any other file; in this instance, we suspect USCIS will adjudicate these applications faster.
Anyone in the same boat..
I want to file for EAD and TD and dont have receipts yet and have been sending emails to attorney office everyday about RNs. Looks like they are busy with Aug 17th deadline and they have not got back to me yet. My lawyer dint say anything about RNs but I thought it would be nice to file for EAD and TD with 485 receipt notice so that the case would be str8forward .
more...
msyedy
12-29 05:55 PM
After 6 months of EAD a person can change jobs, but his hiring company should give him the same title in which his application for a GC is filed.
(Same title and should be able to show that the company can pay him the pw)
So working for your own company after 6 months of EAD is kind of risk.You can work for a friend's company who can support you.
Please consult your lawyer.....
always seek legal advice.
(Same title and should be able to show that the company can pay him the pw)
So working for your own company after 6 months of EAD is kind of risk.You can work for a friend's company who can support you.
Please consult your lawyer.....
always seek legal advice.
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srini1976
07-09 08:14 AM
If you havent already seen threads here about how bad the desi employers here in US can be, companies like Satyam, Infosys who are based in India have even worst reputation..they pay indian salaries and expect round the clock work including weekends..and ofcourse no pay..working at McDonalds is probably a better option than these companies...
I had a very bad experience working for one of those companies and many more friends had similar experience.
You are absolutely right my friend. And its certainly a better option to work at McDonalds :)
I had a very bad experience working for one of those companies and many more friends had similar experience.
You are absolutely right my friend. And its certainly a better option to work at McDonalds :)
more...
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javadeveloper
08-20 04:20 PM
A consulting company that i had approached in early 2007 had filed my
H1B on April 1st '07 for which i only have a receipt # as yet. This H1 is obviosuly under the CAP. USCIS decision reg. H1 approval is still pending.
I was eligible to file for AOS / EAD thru my husbands GC petition and now do not want to take any job on the H1B with the consulting company. I have a offer from another company....i can join then when i get my EAD. They are willing to wait till i get my EAD.
Some concerns i need help with -
1)How does the contracting company withdraw or VOID my H1. ?
2) Do we have to wait for 797 approval to void it.? Or can they VOID it using only the RECEIPT # ?
3) If H1B is approved in the next few weeks then does the petitioner have to void it before the start of fiscal year - October 1st 2007.?
5) Does a attorney need to be involved to withdraw this case ? What is the exact process of nullifying this H1B.? Are there any specific forms to be filled out.???
6) What kind of documentation would i need from the petitioner who is withdrawing my H1B...Like what evidence do i need to get from petitioner that he / she has actually withdrawn this.??
Also are there any DOL or USCIS rules which state that - the employer has to provide me with copies of the LCA, I-129 petition, Letter that he writes for voiding the H1B. I should be entitled to recieve copies from the employer right..?? allthough i will not work for them..! Can somebody direct me to a link on DOL or USCIS which tells me that the employer should give me all these copies.
Thank you!
You are supposed to get LCA from your employer.If you don't get it you can complain to DOL using Wh4 form(http://www.dol.gov/esa/forms/whd/WH-4.pdf I heard some form is available to cancel the pending H1 , but not sure.
H1B on April 1st '07 for which i only have a receipt # as yet. This H1 is obviosuly under the CAP. USCIS decision reg. H1 approval is still pending.
I was eligible to file for AOS / EAD thru my husbands GC petition and now do not want to take any job on the H1B with the consulting company. I have a offer from another company....i can join then when i get my EAD. They are willing to wait till i get my EAD.
Some concerns i need help with -
1)How does the contracting company withdraw or VOID my H1. ?
2) Do we have to wait for 797 approval to void it.? Or can they VOID it using only the RECEIPT # ?
3) If H1B is approved in the next few weeks then does the petitioner have to void it before the start of fiscal year - October 1st 2007.?
5) Does a attorney need to be involved to withdraw this case ? What is the exact process of nullifying this H1B.? Are there any specific forms to be filled out.???
6) What kind of documentation would i need from the petitioner who is withdrawing my H1B...Like what evidence do i need to get from petitioner that he / she has actually withdrawn this.??
Also are there any DOL or USCIS rules which state that - the employer has to provide me with copies of the LCA, I-129 petition, Letter that he writes for voiding the H1B. I should be entitled to recieve copies from the employer right..?? allthough i will not work for them..! Can somebody direct me to a link on DOL or USCIS which tells me that the employer should give me all these copies.
Thank you!
You are supposed to get LCA from your employer.If you don't get it you can complain to DOL using Wh4 form(http://www.dol.gov/esa/forms/whd/WH-4.pdf I heard some form is available to cancel the pending H1 , but not sure.
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krishnam70
11-20 04:26 PM
1) You CAN use the AP that is approved while you are out. However someone needs to courier the document to you before you can enter with it. I am doing the same thing with my Law Firm. You do not need the AP in hand to leave the US.
Again if your AP is approved but is in mail or whatever and you leave the country then you are ok (technically) in somebody mailing it out to you otherwise you cannot claim to have satisfied the rule USCIS has put forward and the IO has every right to deny entry at the POE
Extract from the instructions of I 131 form
If you travel before the advance parole document is issued, your application will be deemed abandoned if:
A. You depart from the United States; or
B. The person seeking advance parole attempts to enter the United States before a decision is made on the application.
- good luck
kris
Again if your AP is approved but is in mail or whatever and you leave the country then you are ok (technically) in somebody mailing it out to you otherwise you cannot claim to have satisfied the rule USCIS has put forward and the IO has every right to deny entry at the POE
Extract from the instructions of I 131 form
If you travel before the advance parole document is issued, your application will be deemed abandoned if:
A. You depart from the United States; or
B. The person seeking advance parole attempts to enter the United States before a decision is made on the application.
- good luck
kris
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Berkeleybee
03-15 12:09 PM
Much faster if you go directly here
http://www.gao.gov/new.items/d06259.pdf
Not good for us, if this means that they will stop processing things as they sort this out.
http://www.gao.gov/new.items/d06259.pdf
Not good for us, if this means that they will stop processing things as they sort this out.
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CaliHoneB
02-24 07:25 PM
I have been reading all the posts and been contributing modestly and been suffering for a long time because of retrogression. In my humble opinion what ever we do if it needs to succeed we definitely need to *distinguish* ourselves from illegal aliens and other professions and prove that us staying here is in best interest of the US. Not to discourage anybody but CIR is a big task and I don't think politicians are really ready to solve this problem because of its magnitude and huge implications it is going to have for deciding to go one way or another. Probably retrogression would have been solvable with relative difficulty if it is not for the timing of CIR.
and somebody mentioned that allowing to file for 485 with out need for waiting for visa numbers may actually increase the retrogression because of some of the privisions for illegal aliens..I am not totally sure on this but if it is true it just makes all the more important that we need to establish seperate category for high skilled workers.
I think SKIL bill would be one way to go and another would be to actually lower the limit of investment category visa..I know the second one seems like a long shot because currently it requires $500K in rural areas and generally one million but hear me out
If we could lower that limit to $100 k and make it investment in any US based companies in addition to having certain years of work experience in the US. We can argue that we are actually contributing to economy in more than one way and us being here helps generate more jobs in the US and it definitely makes different from others.
I know preapproved labors were being sold at >$25k at one point and if people knew that there wouldn't be any problems with that then a lot of us would have shed that money for a guaranteed GC so if 100k over a period of time would guarantee a GC and that 100k is still going to be with us after certain amount of time then may be it is not that bad idea....
I am glad some one else also agrees with my thoughts..Let us continue this discussion on old thread..
http://immigrationvoice.org/forum/showthread.php?t=600
and somebody mentioned that allowing to file for 485 with out need for waiting for visa numbers may actually increase the retrogression because of some of the privisions for illegal aliens..I am not totally sure on this but if it is true it just makes all the more important that we need to establish seperate category for high skilled workers.
I think SKIL bill would be one way to go and another would be to actually lower the limit of investment category visa..I know the second one seems like a long shot because currently it requires $500K in rural areas and generally one million but hear me out
If we could lower that limit to $100 k and make it investment in any US based companies in addition to having certain years of work experience in the US. We can argue that we are actually contributing to economy in more than one way and us being here helps generate more jobs in the US and it definitely makes different from others.
I know preapproved labors were being sold at >$25k at one point and if people knew that there wouldn't be any problems with that then a lot of us would have shed that money for a guaranteed GC so if 100k over a period of time would guarantee a GC and that 100k is still going to be with us after certain amount of time then may be it is not that bad idea....
I am glad some one else also agrees with my thoughts..Let us continue this discussion on old thread..
http://immigrationvoice.org/forum/showthread.php?t=600
more...
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@ndy
05-10 10:43 AM
A lot of lawyers do not charge money for every question you ask if you are their client. You can easily email them and ask questions or post on their intranet. It is part of their service that helps them get more business.
If your employer is their client, then of course the lawyer may not respond to you. Why should he?
My PD is August 2009 , and i seem to loose patience.....I can imagine how those people who have been in this queue from 4-5 years must be feeling........Lets hope for the best :)
If your employer is their client, then of course the lawyer may not respond to you. Why should he?
My PD is August 2009 , and i seem to loose patience.....I can imagine how those people who have been in this queue from 4-5 years must be feeling........Lets hope for the best :)
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akhilmahajan
09-14 06:59 AM
To the brave and fighting. People lets give them a hand of applause.
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Dhundhun
04-29 11:14 AM
Have you sent the renewal papers to the right location? If not, after Mar 26th receive date, the applications will be sent back to the applicant - to be sent to the correct lock box.
USCIS - Change of Filing Location for Form I-765, Application for Employment Authorization (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3ca0808dfb107210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
Yes I sent it to correct address Lockbox, AZ. Thanks for asking me to confirm.
USCIS - Change of Filing Location for Form I-765, Application for Employment Authorization (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3ca0808dfb107210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
Yes I sent it to correct address Lockbox, AZ. Thanks for asking me to confirm.
seahawks
04-28 11:15 AM
oops, I read your post again, you said non premium processing, sorry, I dont have that information. I filed mine through premium processing since I waited 4 years just for my labor.
raysaikat
06-22 10:47 AM
For I-485 Applicant, it is not of much significance.
At POE, AP is stamped for one year (with I-94), but when it expires, it does not matter. One can continue working on H1 or EAD. And if someone is in USA on H4 (and not working on EAD) also remains in vaild status.
So there should not be any reason to worry, however, as suggested by "kshitijnt" better to get in touch with USCIS and let them do corrective action as required.
Please post your experience afterwards.
S/he has to have an unexpired I-94 to stay in the country. It is not about AP or EAD.
At POE, AP is stamped for one year (with I-94), but when it expires, it does not matter. One can continue working on H1 or EAD. And if someone is in USA on H4 (and not working on EAD) also remains in vaild status.
So there should not be any reason to worry, however, as suggested by "kshitijnt" better to get in touch with USCIS and let them do corrective action as required.
Please post your experience afterwards.
S/he has to have an unexpired I-94 to stay in the country. It is not about AP or EAD.
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