glus
02-27 09:13 AM
Ok, since your GC has been approved, it is not true you need to wait 180 days. There is nothing in the law that says that. What is true is something different. When you received your GC through your employer, the presumption is that you will remain with this employer for a long time to come as it was a permanent job offer position. Of course, under some circumstances, it is possible you can't work for the same employer any longer; for instance, the company is closing etc. But, if you receive a GC and you voluntarily leave your employer immediately or after a few months, you MAY have issues during naturalization. At that time your application can be scrutinized whether or not you really was going to work for the employer who sponsored you. I've seen this happening several times. If you left voluntarily after a short period of time, the USCIS may say it was fraud and you never intended to work for your sponsor. So, in general, it is advisable to remain with the original sponsor for some time. Some attorneys say 1 year is enough, some say 2 years is enough and some say 6 months is enough. It is up to you. The law does not specify what the period is, but be logical and careful about this. You can hold 5 jobs, but I would suggest to stay with your current employer for as long as possible. Think forward, and not backward.
Hope this makes sense.
Hope this makes sense.
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bitzbytz
07-13 02:27 PM
nice try jayant
vjkypally
01-24 12:30 PM
I just checked with my Lawyer. I am a July 2 receipt guy and my 180 days got over. Currently my wife moved from her H1B(not stamped yet, she moved from H4 to H1) to EAD and I am still on H1B.
My lawyer says if I am on H1B and she is on EAD it will create issues when our EAD goes for renewal. She claims I also should change my status now to EAD. I thought staying on H1B was safe and now I get this response. I told her so many people I know have done the same thing and she is asking if I will jump into the well like others:))).
Please advise
My lawyer says if I am on H1B and she is on EAD it will create issues when our EAD goes for renewal. She claims I also should change my status now to EAD. I thought staying on H1B was safe and now I get this response. I told her so many people I know have done the same thing and she is asking if I will jump into the well like others:))).
Please advise
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ndny
08-06 03:01 PM
Are there public benefits that aliens can legally receive without worrying that they will be considered a public charge?
A: Yes. Not all publicly funded benefits will be considered in deciding whether someone is or is likely to become a public charge. The focus of the public charge definition is on cash benefits for income maintenance and institutionalization for long-term care at government expense. Examples of benefits that will not be considered for public charge purposes include:
Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases; use of health clinics, prenatal care, etc.), other support for institutionalization for long-term care, Children�s Health Insurance Program (CHIP), Nutrition programs including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and Breakfast programs, and other supplementary and emergency food assistance programs:
Housing assistance
Child care services
Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)
Emergency disaster relief
Foster care and adoption assistance
Educational assistance, including benefits under the Head Start Act and aid for elementary, secondary, or higher education
Job training programs
In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter).
Are health care benefits and enrollment in health insurance programs like Medicaid and CHIP considered for public charge purposes?
A: No, not unless an alien is primarily dependent on the government for subsistence as demonstrated by institutionalization for long-term care at government expense. In particular, USCIS and the State Department will not consider participation in Medicaid, CHIP, or similar state-funded programs, for public charge purposes. This approach will help to safeguard public health while still allowing USCIS and the State Department to identify people who are primarily dependent on the government for subsistence by looking to the receipt of public cash assistance for income maintenance. In addition, short-term institutionalization for rehabilitation will not be considered for public charge purposes.
A: Yes. Not all publicly funded benefits will be considered in deciding whether someone is or is likely to become a public charge. The focus of the public charge definition is on cash benefits for income maintenance and institutionalization for long-term care at government expense. Examples of benefits that will not be considered for public charge purposes include:
Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases; use of health clinics, prenatal care, etc.), other support for institutionalization for long-term care, Children�s Health Insurance Program (CHIP), Nutrition programs including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and Breakfast programs, and other supplementary and emergency food assistance programs:
Housing assistance
Child care services
Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)
Emergency disaster relief
Foster care and adoption assistance
Educational assistance, including benefits under the Head Start Act and aid for elementary, secondary, or higher education
Job training programs
In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter).
Are health care benefits and enrollment in health insurance programs like Medicaid and CHIP considered for public charge purposes?
A: No, not unless an alien is primarily dependent on the government for subsistence as demonstrated by institutionalization for long-term care at government expense. In particular, USCIS and the State Department will not consider participation in Medicaid, CHIP, or similar state-funded programs, for public charge purposes. This approach will help to safeguard public health while still allowing USCIS and the State Department to identify people who are primarily dependent on the government for subsistence by looking to the receipt of public cash assistance for income maintenance. In addition, short-term institutionalization for rehabilitation will not be considered for public charge purposes.
more...
shana04
02-15 02:24 PM
If you have completed your 180 days with your 'parent' company.. then you are safe!
It's safer to get H1 transfer as mentioned by seltzer above
Your new company should be able to take care of AOS transfer for you which means change of representation - i.e. a new attorney representing your AOS case now AND change of job!
I'm going through that process right now!
Even though it cost you, I would prefer to keep one's own attorney.
If not, you are repeating the same old story. What if you plan to move from this second employer...
So, please find your own attorney. All that you need from new employer is offer letter and he is filing h1b with the same job title.
Good luck.
It's safer to get H1 transfer as mentioned by seltzer above
Your new company should be able to take care of AOS transfer for you which means change of representation - i.e. a new attorney representing your AOS case now AND change of job!
I'm going through that process right now!
Even though it cost you, I would prefer to keep one's own attorney.
If not, you are repeating the same old story. What if you plan to move from this second employer...
So, please find your own attorney. All that you need from new employer is offer letter and he is filing h1b with the same job title.
Good luck.
rupchikgulti
06-17 05:04 PM
Dude,
This had been discussed may be thousands of time and discussion never ends. Do you really need to open a thread for this.
This had been discussed may be thousands of time and discussion never ends. Do you really need to open a thread for this.
more...
arunmohan
01-10 12:16 AM
Have already done that.
I want to contact Janet specially because I went to school in AZ and in 2002 elections - I was a part of her campaign at the University supporting her.
Not that I have any proof of it but I had just joined some friends for it - hence I thought would be good to be able to meet up with her.
I work in Chandler. I am ready to go with you.
I want to contact Janet specially because I went to school in AZ and in 2002 elections - I was a part of her campaign at the University supporting her.
Not that I have any proof of it but I had just joined some friends for it - hence I thought would be good to be able to meet up with her.
I work in Chandler. I am ready to go with you.
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Joey Foley
November 21st, 2005, 07:38 PM
This right here is one area I REALLY need to improve in.
I get home from a show (or whatever I've shot), and can't pick my photos for my editor.
I am ALWAYS so afraid somebody else is going to see and/or like something in a shot that I might not be seeing. I usually end up sending in too many photos.
I'm probably the most undecisive person in the world:o
I get home from a show (or whatever I've shot), and can't pick my photos for my editor.
I am ALWAYS so afraid somebody else is going to see and/or like something in a shot that I might not be seeing. I usually end up sending in too many photos.
I'm probably the most undecisive person in the world:o
more...
raysaikat
07-13 02:36 AM
Hi Raysakat
Thanks for the quick and helpful reply. Just to clarify a bit more, can i still file for I-140 with her being primary(as cross chargibility is applied)
You need to be the primary applicant in the I-140 (I am assuming that you are the one whose employer is filing I-140). Then you can use either spouse's country of birth for chargeability (which in your case would be UAE) for I-485 (I-485's are individual: for her I-485, she will use her country of birth; for your I-485, you will use your spouse's country of birth).
while she is on F1 or wold it lead to conflict in visa status?
As I said, once I-485 is filed for her, I believe that her F1 status would cease to exist and her status will become AOS. But you need to get confirmation from a lawyer on that.
SHe does not exits on my PERM application, but she is currently with me on H4, suggesting her intent to immigrate with my PERM application
Thanks
Not sure what you mean. If the PERM application asked you to list your dependents, and if you were married that time, you must have put her name as a dependent.
As for immigration intent: H visa is dual intent. I think she would be fine until I-485 is submitted on her behalf. If she enters the country on F1 visa (therefore expressing non-immigration intent), then it may be wise to wait for 60-90 days after the date of admission before submitting I-485 (and hence expressing immigration intent). I do not know what are the rules/precedence if she changes status in the country and does not travel.
Thanks for the quick and helpful reply. Just to clarify a bit more, can i still file for I-140 with her being primary(as cross chargibility is applied)
You need to be the primary applicant in the I-140 (I am assuming that you are the one whose employer is filing I-140). Then you can use either spouse's country of birth for chargeability (which in your case would be UAE) for I-485 (I-485's are individual: for her I-485, she will use her country of birth; for your I-485, you will use your spouse's country of birth).
while she is on F1 or wold it lead to conflict in visa status?
As I said, once I-485 is filed for her, I believe that her F1 status would cease to exist and her status will become AOS. But you need to get confirmation from a lawyer on that.
SHe does not exits on my PERM application, but she is currently with me on H4, suggesting her intent to immigrate with my PERM application
Thanks
Not sure what you mean. If the PERM application asked you to list your dependents, and if you were married that time, you must have put her name as a dependent.
As for immigration intent: H visa is dual intent. I think she would be fine until I-485 is submitted on her behalf. If she enters the country on F1 visa (therefore expressing non-immigration intent), then it may be wise to wait for 60-90 days after the date of admission before submitting I-485 (and hence expressing immigration intent). I do not know what are the rules/precedence if she changes status in the country and does not travel.
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sweet_jungle
12-12 01:31 AM
It's good to know.
Well, i doubt having passport at FP would have helped. If in infopass they were not able to correct, how could they do it at FP ASC?
Anyways, having docs helps. I was initially debating whether to take birth certificate at infopass and it turned out it was very much needed.
Well, i doubt having passport at FP would have helped. If in infopass they were not able to correct, how could they do it at FP ASC?
Anyways, having docs helps. I was initially debating whether to take birth certificate at infopass and it turned out it was very much needed.
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rsdang
08-29 11:27 AM
Guys,
I have been going to various blogs and where anti legal immigration ideas are posted, I try to provide a fact based rebuttal...
As a start I would request all of you to do the same...
For the gifted writers here writing articles for newspapers is a great idea...
We all should do aour part and spread the awareness...
I have been going to various blogs and where anti legal immigration ideas are posted, I try to provide a fact based rebuttal...
As a start I would request all of you to do the same...
For the gifted writers here writing articles for newspapers is a great idea...
We all should do aour part and spread the awareness...
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sgorla
01-29 07:16 PM
logic,
I checked with my immigration attorney about this situation anticipating job change few days ago. According to him one can enter as long as s/he can show new H1B approval notice provided the old H1B visa is still valid (not expired).
As always, we can express our own interpretation, and its always a good idea to contact an immigration attorney to get specific answers.
I checked with my immigration attorney about this situation anticipating job change few days ago. According to him one can enter as long as s/he can show new H1B approval notice provided the old H1B visa is still valid (not expired).
As always, we can express our own interpretation, and its always a good idea to contact an immigration attorney to get specific answers.
more...
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paddy.
02-04 05:38 PM
I don't think your design skills are quite good enough yet to be starting a studio. No offense but I think you'd be better off with a bit more practice before you step out in to the world of the design industry.
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hopefulgc
10-09 06:45 PM
please post your wedding pictures... if y'all tie the knot :D:D:D
Marry me...i like funny people......
/thread
Marry me...i like funny people......
/thread
more...
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meridiani.planum
11-26 01:21 PM
Perhaps I am missing something. I thought you could get an extension beyond six years only if:
1. Your labor was pending for more than 360 days OR
2. Your I-140 was approved
I did not know that you could get an extension if:
Your labor was approved and your I-140 was still pending.
My understanding is that the USCIS came out with the I-140 premium processing only to address the above scenario. Perhaps someone who has dealt with this first hand can enlighthen us.
you can get an H1 extension if your LC is approved and I-140 is pending as long as the LC is>365 days. ie. for that 365 day rule LC has to be approved OR pending, its state does not matter. It just needs to be old enough.
USCIS is now doing premium processing of I-140 for people whose LC is <365 days old at the point their H1 runs out. THere is no other way than an approved I-140 for these people to get an extension.
1. Your labor was pending for more than 360 days OR
2. Your I-140 was approved
I did not know that you could get an extension if:
Your labor was approved and your I-140 was still pending.
My understanding is that the USCIS came out with the I-140 premium processing only to address the above scenario. Perhaps someone who has dealt with this first hand can enlighthen us.
you can get an H1 extension if your LC is approved and I-140 is pending as long as the LC is>365 days. ie. for that 365 day rule LC has to be approved OR pending, its state does not matter. It just needs to be old enough.
USCIS is now doing premium processing of I-140 for people whose LC is <365 days old at the point their H1 runs out. THere is no other way than an approved I-140 for these people to get an extension.
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WaitingYaar
06-27 01:03 PM
I-140 approval with 6/06 as PD for EB2. But the notice says that the information submitted with the petition shows that the individual may not be be eligible to file for AOS at this time. Additional information about eligibility may be obtained from local INS office?? Is this how the approval should state
more...
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thomachan72
06-04 08:30 AM
I am no expert but here are a few suggestions.
Your visa expiry date will correspond to the duration of stay originally requested in your I-129 and stated in the approved Labor C.
However, once you enter the US your attorney will file to extend your visa and your visa will be extended for another 3 years duration from Sept 2010 (when the current one expires). After that 3 year expires you will be eligible for another 2 years + months that remains out of the total 6 years possible.
I dont feel that you have to worry too much. The only problem is you will only have an approval notice after the Sept 2010. Once you leave the US, to reenter you will need to go to any consulate to get the visa stamped.
Welcome to the "immigration maze". When you walk through you will see people stuck, directionless and hopeless. Try to give them a hand. Rarely you will come across people who are "very optimistic" for no obvious reason. Try to get some optimism from them to keep you energized. Best.
Your visa expiry date will correspond to the duration of stay originally requested in your I-129 and stated in the approved Labor C.
However, once you enter the US your attorney will file to extend your visa and your visa will be extended for another 3 years duration from Sept 2010 (when the current one expires). After that 3 year expires you will be eligible for another 2 years + months that remains out of the total 6 years possible.
I dont feel that you have to worry too much. The only problem is you will only have an approval notice after the Sept 2010. Once you leave the US, to reenter you will need to go to any consulate to get the visa stamped.
Welcome to the "immigration maze". When you walk through you will see people stuck, directionless and hopeless. Try to give them a hand. Rarely you will come across people who are "very optimistic" for no obvious reason. Try to get some optimism from them to keep you energized. Best.
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Sarathy
02-03 10:13 AM
Will Tri-Valley University questions be answered? A few of us have questions and need advice.
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zuhail
05-08 11:27 AM
This would help you in reviewing the content and format of AC21 letter.
USCIS Guidelines on AC21:
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
You can send it to your attorney for his perusal.
Good Luck!
USCIS Guidelines on AC21:
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
You can send it to your attorney for his perusal.
Good Luck!
morchu
05-05 04:31 PM
No reason to deny your 7th year H1 extension based on the fact that it is for a different role. It DOESNT have to be "same or similar" for this case.
But the "same or similar" comes into picture for your 485 approval. Well........ at that time ... if the original LC position is still available for you permanently, no issues.
Hi Guys,
Here is my situation:
- Labor & I 140 cleared: PD Jan 07 EB2
- Currently working on 6th year H1B, lawyer is asking me to extend the H1B visa for another 3 years since the I-140 has cleared.
- Changed my job title from a project engineer to a lead engineer 180 days after filing I485 ( with lawyer consent).
- Now offered a manager role with in the same organization hence accepted the offer without notifying the lawyer.
- Lawyer will ask me to file for a H1b extension in July/Aug time frame do you believe this might create a huge issue due to change in the role from an engineer to a manager (still within the engineering organization though)?
Would really appreciate your inputs and comments to this, is there anything on the USICS website that clarifies this.
Thanks
Amit
But the "same or similar" comes into picture for your 485 approval. Well........ at that time ... if the original LC position is still available for you permanently, no issues.
Hi Guys,
Here is my situation:
- Labor & I 140 cleared: PD Jan 07 EB2
- Currently working on 6th year H1B, lawyer is asking me to extend the H1B visa for another 3 years since the I-140 has cleared.
- Changed my job title from a project engineer to a lead engineer 180 days after filing I485 ( with lawyer consent).
- Now offered a manager role with in the same organization hence accepted the offer without notifying the lawyer.
- Lawyer will ask me to file for a H1b extension in July/Aug time frame do you believe this might create a huge issue due to change in the role from an engineer to a manager (still within the engineering organization though)?
Would really appreciate your inputs and comments to this, is there anything on the USICS website that clarifies this.
Thanks
Amit
pappu
02-10 10:42 AM
http://immigrationvoice.org/wiki/index.php/FREQUENTLY_ASKED_QUESTIONS/AC21_FAQ
We have created this area for the topic. You can also add useful info to it to help others.
We have created this area for the topic. You can also add useful info to it to help others.
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