div_bell_2003
03-05 02:29 PM
I have changed jobs after 180 days of filing my AOS, although it's in the same of similar classification and my attorney from the new company informed me that time that USCIS is generally very liberal with the "same or similar" classification, as long as the job duties don't change totally.
1) Do I have to ask Company B to apply for anything relating to my GC? I want to make sure that they know and agree to all costs associated with the paperwork? Dont want to end up paying from my pocket as I have heard in a few cases before
-- They may want to file an AC-21 letter ( stating that they have permanently employed you for this position for this salary yada yada yada ... ) and definitely a G28 to change representation on your cases in case of any RFE and other communication by USCIS.
2) I believe since my I-140 is approved for more than 180 days or actually my I-485 being filed for more than 180 days, I am allowed to move, correct?
-- Yes, albeit to a "same or similar" job.
3) Since my I-140 is approved and I have an EAD, can USCIS/Company A cause it to be revoked? OR it doesn't apply to my case?
-- USCIS has no business revoking your I-140, it's your previous employer's property which they may revoke at any time ( due to various issues, not necessarily to get back at you )
4) Do I need to ask Company A to maintain anything? Or just keeping good relations with them is enough :)
-- Keeping a good relation never hurts, but company A doesn't have to maintain anything for you. Good luck in your search !
1) Do I have to ask Company B to apply for anything relating to my GC? I want to make sure that they know and agree to all costs associated with the paperwork? Dont want to end up paying from my pocket as I have heard in a few cases before
-- They may want to file an AC-21 letter ( stating that they have permanently employed you for this position for this salary yada yada yada ... ) and definitely a G28 to change representation on your cases in case of any RFE and other communication by USCIS.
2) I believe since my I-140 is approved for more than 180 days or actually my I-485 being filed for more than 180 days, I am allowed to move, correct?
-- Yes, albeit to a "same or similar" job.
3) Since my I-140 is approved and I have an EAD, can USCIS/Company A cause it to be revoked? OR it doesn't apply to my case?
-- USCIS has no business revoking your I-140, it's your previous employer's property which they may revoke at any time ( due to various issues, not necessarily to get back at you )
4) Do I need to ask Company A to maintain anything? Or just keeping good relations with them is enough :)
-- Keeping a good relation never hurts, but company A doesn't have to maintain anything for you. Good luck in your search !
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alterego
06-13 06:06 PM
The benefits to the porting are obvious. However let me share with you the considerations:
1) You have to change jobs presumably on another H1b visa in order to do so. There is inherently a risk in this when you do not have a green card. You'd certainly be a brave soul to change jobs on an EAD based on your EB3 petition while trying for an EB2 petition. How would you justify the same/similar requirement?
2) PERM labor certification is not going to be what it was previously given the current oversight.
3) Ported cases will definitely get more scrutiny (and probably more RFEs) from the USCIS.
4) Premium processing of 140 petitions is for a narrow subset of 140 filers who need to extend their H1b visas, failing which you are likely to take well over a year to get you 140 approved and therefore your PD ported.
5) Political calculations and the elections will be over by later this year, there will definitely be the impetus to address immigration as an urgent issue in the new political cycle and there will likely be a solution. If you are at the 485 stage, with a retrogressed PD as your only issue then you have one problem, if you are at an earlier stage then you may not be approvable at the stage when they are "generous".
If even after all this you feel your best chances are with EB2 then you should go ahead.
Good luck.
1) You have to change jobs presumably on another H1b visa in order to do so. There is inherently a risk in this when you do not have a green card. You'd certainly be a brave soul to change jobs on an EAD based on your EB3 petition while trying for an EB2 petition. How would you justify the same/similar requirement?
2) PERM labor certification is not going to be what it was previously given the current oversight.
3) Ported cases will definitely get more scrutiny (and probably more RFEs) from the USCIS.
4) Premium processing of 140 petitions is for a narrow subset of 140 filers who need to extend their H1b visas, failing which you are likely to take well over a year to get you 140 approved and therefore your PD ported.
5) Political calculations and the elections will be over by later this year, there will definitely be the impetus to address immigration as an urgent issue in the new political cycle and there will likely be a solution. If you are at the 485 stage, with a retrogressed PD as your only issue then you have one problem, if you are at an earlier stage then you may not be approvable at the stage when they are "generous".
If even after all this you feel your best chances are with EB2 then you should go ahead.
Good luck.
GCAmigo
01-24 12:51 PM
contributions have to be voluntary.. finger pointing would be of no good & on the contrary will be counter-productive..
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srikondoji
06-16 01:18 PM
eb3_nepa,
Multi national aspect of IV team should come up on its own without anyone of us forcing it that way. One thing we should forcefully implement is give everybody an oppurtunity to speak up, if a right candidate steps up.
Again we should also be concerned about how we are interfacing the outside world. At this point in time we should be result focused than process focused.
thanks
sri
Multi national aspect of IV team should come up on its own without anyone of us forcing it that way. One thing we should forcefully implement is give everybody an oppurtunity to speak up, if a right candidate steps up.
Again we should also be concerned about how we are interfacing the outside world. At this point in time we should be result focused than process focused.
thanks
sri
more...
forgerator
05-27 06:26 PM
Good joke :)
I totally agree. Good joke indeed.
Agreed that they are humans. Disagree that they are doing their best. I have worked in a government agency part-time on OPT here in the US, and let's just say, more than half the time is spent away from desk, and outside buildings for smoke/coffee breaks. IT Projects that should not take more than a month or two to finish, linger on for years.
I totally agree. Good joke indeed.
Agreed that they are humans. Disagree that they are doing their best. I have worked in a government agency part-time on OPT here in the US, and let's just say, more than half the time is spent away from desk, and outside buildings for smoke/coffee breaks. IT Projects that should not take more than a month or two to finish, linger on for years.
bigboy007
12-07 01:47 AM
120th day
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illusions
02-21 12:26 PM
With the new rule on FBI name checks, a potential 47K with current PDs could get their GS's soon. I wonder how much of a shift we will see in the PD's from now, after the 47K is not taken into account. I would predict a minimum of atleast a year jump, or am I being optimistic. :confused:
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Pagal
03-23 05:26 PM
Hello jsb,
Yes, I guess I went through that scrutiny when I submitted the employment letter and payslips and W-2 last month...the IO had told me that he had employment letter from 2007 so he would like a current one and he wanted my tax details compared to W-2 to see if there was any other income apart from my job income.
Time will tell... :)
Yes, I guess I went through that scrutiny when I submitted the employment letter and payslips and W-2 last month...the IO had told me that he had employment letter from 2007 so he would like a current one and he wanted my tax details compared to W-2 to see if there was any other income apart from my job income.
Time will tell... :)
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techbuyer77
09-19 11:09 AM
That happened to a person I know, she was an undoccumented immigrant or illegal and when facing deportation the judge said he does not think having a US born child was reason enough to grant residence in the US. The child can always come back when becomes 18
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ncrtpMay2004
08-20 08:20 AM
Only if the assumption that the new i140 and 485 application will be low. This assumption depends on type of economic recovery.
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srini1976
10-04 10:37 AM
I signed the G-28 for 485, EAD & AP. Attorney received the receipt notices for all and he just emailed the case no(s) and A #.
When I ask him to mail me the receipt notices, he says its not their general practice to send them to clients and they are really not useful when I start getting the FP notice etc...This is really weird!
Folks - Is it possible to get a copy of the receipt notices by calling USCIS?
Thanks in advance!
When I ask him to mail me the receipt notices, he says its not their general practice to send them to clients and they are really not useful when I start getting the FP notice etc...This is really weird!
Folks - Is it possible to get a copy of the receipt notices by calling USCIS?
Thanks in advance!
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nromkar
04-06 09:44 PM
I too got RFE. I agree "Address Change" triggers for some reason.
I did Address change and got confirmation. After two weeks I got RFE on my I-693 and asking to fill new I-693.
I did Address change and got confirmation. After two weeks I got RFE on my I-693 and asking to fill new I-693.
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gene77
03-03 10:01 PM
My 2nd I-140 which I wanted to use for interfiling was denied based on A2P - it is under Appeals now which will take forever; so I'm not a candidate for interfiling for the time being.
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nojoke
10-14 06:03 PM
ALL,
While we watch the election drama unfold, here is something everybody can read, if even one of us is lucky to have our story published. Please send emails to the media. Even the president may read it..
Please dont forget to include that we can buy houses, create jobs but only this backlogs from INdia are holding us. And that we are legal Permanent applicants and Already here. Tell them we can help solve housing problem, create jobs.
Please find some email addresses. Trying to find boston.com's email address.
NY Times : letters@nytimes.com,
Washington post : letters@washpost.com
San Jose Mercury News : letters@mercurynews.com
(CNN online to submit a story): http://www.cnn.com/feedback/forms/form11b.html?1
Fox News: americasnewsroom@foxnews.com
A 700billion$ bailout is not helping much. You think we can help the economy? We are at the mercy of the employers whose earning results are going down because of recession. :( It is hard for me to believe that we can help the economy by buying houses and how are the law makers going to get convinced? Show me the proof.
While we watch the election drama unfold, here is something everybody can read, if even one of us is lucky to have our story published. Please send emails to the media. Even the president may read it..
Please dont forget to include that we can buy houses, create jobs but only this backlogs from INdia are holding us. And that we are legal Permanent applicants and Already here. Tell them we can help solve housing problem, create jobs.
Please find some email addresses. Trying to find boston.com's email address.
NY Times : letters@nytimes.com,
Washington post : letters@washpost.com
San Jose Mercury News : letters@mercurynews.com
(CNN online to submit a story): http://www.cnn.com/feedback/forms/form11b.html?1
Fox News: americasnewsroom@foxnews.com
A 700billion$ bailout is not helping much. You think we can help the economy? We are at the mercy of the employers whose earning results are going down because of recession. :( It is hard for me to believe that we can help the economy by buying houses and how are the law makers going to get convinced? Show me the proof.
more...
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485Mbe4001
04-06 03:34 PM
interesting that you created an account just to post this...
HOUSTON: A federal jury has found five people guilty of conspiring to obtain fraudulent work visas for nearly 90 Indian nationals in exchange for at
least $20,000 per visa, the US Attorney's Office said.
Mahendrakumar "Mack" Patel, 55, Rakesh Patel, 36, Alberto Pena, 38, Bernardo Pena, 38, and Marte Othon Villar Sr, 48, encouraged and induced the illegal immigration of Indian nationals in exchange for tens of thousands of dollars per visa, a statement from the US Attorney's Office said yesterday.
The jury found that Alberto and Bernardo Pena, twin brothers from Brownsville, along with co-defendants had encouraged and induced 87 individuals from Gujarat to unlawfully enter US on temporary H-2B visas, knowing that the Indian nationals did not intend to work for the company that was used to get visas for them.
The brothers also knew that the visa-seekers did not intend to return to India when their 10-month visas expired, a statement said.
Pena twins also travelled to India to assist the Indian nationals with the application process and visited and corresponded with the US Consulate in Mumbai.
Two other co-defendants -- Mack Patel of Ft Worth and Rakesh Patel, a Houston pharmacist -- pleaded guilty for recruiting Indian citizens who were willing to pay $20,000 to $60,000 in exchange for visas to enter the United States
Link : http://economictimes.indiatimes.com/articleshow/4359174.cms
HOUSTON: A federal jury has found five people guilty of conspiring to obtain fraudulent work visas for nearly 90 Indian nationals in exchange for at
least $20,000 per visa, the US Attorney's Office said.
Mahendrakumar "Mack" Patel, 55, Rakesh Patel, 36, Alberto Pena, 38, Bernardo Pena, 38, and Marte Othon Villar Sr, 48, encouraged and induced the illegal immigration of Indian nationals in exchange for tens of thousands of dollars per visa, a statement from the US Attorney's Office said yesterday.
The jury found that Alberto and Bernardo Pena, twin brothers from Brownsville, along with co-defendants had encouraged and induced 87 individuals from Gujarat to unlawfully enter US on temporary H-2B visas, knowing that the Indian nationals did not intend to work for the company that was used to get visas for them.
The brothers also knew that the visa-seekers did not intend to return to India when their 10-month visas expired, a statement said.
Pena twins also travelled to India to assist the Indian nationals with the application process and visited and corresponded with the US Consulate in Mumbai.
Two other co-defendants -- Mack Patel of Ft Worth and Rakesh Patel, a Houston pharmacist -- pleaded guilty for recruiting Indian citizens who were willing to pay $20,000 to $60,000 in exchange for visas to enter the United States
Link : http://economictimes.indiatimes.com/articleshow/4359174.cms
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satishku_2000
02-16 05:47 PM
Let me get the Green Card First , say probably within decade , then we will talk about this
I cant say better than you :D
I cant say better than you :D
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PD_Dec2002
03-20 07:29 AM
according to you, it means he is really disappointing or annoying to just read one bill and conclude everything....
gceb1:
Are you kidding me with your posts? I can't decide whether to feel sorry for you or get angry with you. But I guess, I will move on since you obviously have issues to deal with...green card should be the least of your priorities!
My "bummer" post was specifically in response to WAIT_FOR_EVER_GC and whitecollarslave's posts about Masters in STEM. I read all the three bills and I stand by my statement that Masters in STEM are exempt ONLY from the H-1B cap; not the EB cap. (line 14 on page 2 of H.R. 5630 (http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h5630ih.txt.pdf).) It is only the PhDs who are exempt from the EB cap.
Before you start throwing "smart alecky" comments at others, please let me know where it explicitly says otherwise. Don't show me anything about PhDs; ONLY Masters and EB caps.
I (and probably others too) thought this was the STEM bill being reintroduced which deals with EB caps. But it is not, hence the disappointment.
Regards,
Jayant
P.S.: I know you are going to be back to read this thread. So a lack of response from you will be sufficient for me to have proven my case. But an apology for casting aspersions wouldn't hurt......naah, just kidding! :-) You have a lot of growing up to do, so run along.
gceb1:
Are you kidding me with your posts? I can't decide whether to feel sorry for you or get angry with you. But I guess, I will move on since you obviously have issues to deal with...green card should be the least of your priorities!
My "bummer" post was specifically in response to WAIT_FOR_EVER_GC and whitecollarslave's posts about Masters in STEM. I read all the three bills and I stand by my statement that Masters in STEM are exempt ONLY from the H-1B cap; not the EB cap. (line 14 on page 2 of H.R. 5630 (http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h5630ih.txt.pdf).) It is only the PhDs who are exempt from the EB cap.
Before you start throwing "smart alecky" comments at others, please let me know where it explicitly says otherwise. Don't show me anything about PhDs; ONLY Masters and EB caps.
I (and probably others too) thought this was the STEM bill being reintroduced which deals with EB caps. But it is not, hence the disappointment.
Regards,
Jayant
P.S.: I know you are going to be back to read this thread. So a lack of response from you will be sufficient for me to have proven my case. But an apology for casting aspersions wouldn't hurt......naah, just kidding! :-) You have a lot of growing up to do, so run along.
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setpit_gc
02-27 07:04 PM
All,
Do we need to keep a copy of LC?. I have copies of all the documents except Labor Certification.
Thanks
Do we need to keep a copy of LC?. I have copies of all the documents except Labor Certification.
Thanks
hairstyles -and-frame-wallpaper-q75-
HV000
04-03 09:10 PM
again from the same Murthy article:
http://www.murthy.com/news/n_porret.html
When explaining the risk of potentially stricter AC21 regulations to I-485 applicants, we are frequently asked, "If I change jobs under AC21 and the regulations are released after that, they won't apply to me, right?" Unfortunately, this is not correct. While it is not possible to predict the content or effective date of any future regulations, they will likely apply at the time of adjudicating the I-485 application, and not just when the job change occurs. In a hypothetical example, if new regulations were to limit the percentage of acceptable salary difference, or prevent multiple portings, the officer adjudicating the I-485 could decide that the job change violates the regulations, even if the change occurred months or years before the new regulations were issued.
Got it. I hope this stupidity doesn't happen!! Can this country's immigration laws get more convoluted???
http://www.murthy.com/news/n_porret.html
When explaining the risk of potentially stricter AC21 regulations to I-485 applicants, we are frequently asked, "If I change jobs under AC21 and the regulations are released after that, they won't apply to me, right?" Unfortunately, this is not correct. While it is not possible to predict the content or effective date of any future regulations, they will likely apply at the time of adjudicating the I-485 application, and not just when the job change occurs. In a hypothetical example, if new regulations were to limit the percentage of acceptable salary difference, or prevent multiple portings, the officer adjudicating the I-485 could decide that the job change violates the regulations, even if the change occurred months or years before the new regulations were issued.
Got it. I hope this stupidity doesn't happen!! Can this country's immigration laws get more convoluted???
axp817
04-09 05:14 PM
In addition to what Roseball has already asked, I have one other question.
Is the 140 approved?
Is the 140 approved?
psgprasad
03-21 05:56 PM
Dear folks,
I am from lansing MI. I have volunteered to meet the law makers for the STRIVE bill.
I would certainly appreciate, if more of us can join this effort.
if you would like to join or have already volunteered for the state of MI. Please email me with your name and contact details at
psgprasad@gmail.com.
Thanks
Gajendra Prasad PS
I am from lansing MI. I have volunteered to meet the law makers for the STRIVE bill.
I would certainly appreciate, if more of us can join this effort.
if you would like to join or have already volunteered for the state of MI. Please email me with your name and contact details at
psgprasad@gmail.com.
Thanks
Gajendra Prasad PS