rsdang
07-08 04:41 PM
Spouse will have to be in relation for 3 years even after getting GC. Or else upon request, GC of the spouse can be revoked by USCIS.
I asked my company immigration specialist and she said since its an EB GC - the three year stipulation is not valid... Thats for family based GC...
You may want to ask a lawyer...
Hope This helps.
I asked my company immigration specialist and she said since its an EB GC - the three year stipulation is not valid... Thats for family based GC...
You may want to ask a lawyer...
Hope This helps.
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psaxena
03-09 05:32 PM
???
dionysus
01-24 11:24 AM
My view is that IV must reassess and realign its goals. The goal of I-485 filing without a current PD is too ambitious to start with. Remember, I-485 is the most time-consuming and lengthy stage of a GC, what with security and background checks, tax records checks, prior legal stays in US and medical tests to name just a few. CIS is swamped with many I-485 applications as it is. If it opens the flood gates for 485 filing, its system will simply collapse under the stampede of estimated 1 million GC seekers. There is no chance in hell that CIS will throw open the gates of I-485 filing for all and sundry.
Moreover, there is this case of spouses becoming eligible for jobs after I-485 and EAD filing. No politician is going to stick his/her neck out on this. Remember, politicians are driven just by people�s mood, and average American simply despises any additions to his or her dreamland.
In the light of this revelation by me (hint - just kidding), IV must set realistic goals for itself. One of which is greater flexibility of movement between jobs for a GC seeker. In short, the GC stages that have been completed by a GC seeker should remain completed even if the GC aspirant moves between the similar profile jobs. So for example, if an applicant whose labor has been cleared leaves the job after this stage, at his/her new job he should be able to file I-140 at his/her new job without having to file a labor all over again. All that the applicant should be asked are the papers confirming the old labor approval and a supporting letter from the new employer that the new job matches the old job description.
Similarly, applicants with approved I-140 should be allowed to switch job while still retaining the validity of old I-140. At the new job they should not be required to go thru the first stages again. An employee should be able to attach his/her approved I-140 from a previous company at the time of filing I-485 in the new company instead of being required to obtain a new I-140 approval.
This is the goal that will sit easy with the politician, because it does not add any new job seekers in the employment market. Also, it has the ring of more freedom for the workers, some of them are actually stuck in a quasi-slavery like situation in their companies in the hope of a GC. Words like these are going to have more impact on politicians rather than a clamoring for employment authorization documents.
Moreover, there is this case of spouses becoming eligible for jobs after I-485 and EAD filing. No politician is going to stick his/her neck out on this. Remember, politicians are driven just by people�s mood, and average American simply despises any additions to his or her dreamland.
In the light of this revelation by me (hint - just kidding), IV must set realistic goals for itself. One of which is greater flexibility of movement between jobs for a GC seeker. In short, the GC stages that have been completed by a GC seeker should remain completed even if the GC aspirant moves between the similar profile jobs. So for example, if an applicant whose labor has been cleared leaves the job after this stage, at his/her new job he should be able to file I-140 at his/her new job without having to file a labor all over again. All that the applicant should be asked are the papers confirming the old labor approval and a supporting letter from the new employer that the new job matches the old job description.
Similarly, applicants with approved I-140 should be allowed to switch job while still retaining the validity of old I-140. At the new job they should not be required to go thru the first stages again. An employee should be able to attach his/her approved I-140 from a previous company at the time of filing I-485 in the new company instead of being required to obtain a new I-140 approval.
This is the goal that will sit easy with the politician, because it does not add any new job seekers in the employment market. Also, it has the ring of more freedom for the workers, some of them are actually stuck in a quasi-slavery like situation in their companies in the hope of a GC. Words like these are going to have more impact on politicians rather than a clamoring for employment authorization documents.
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reddy_h
01-07 10:38 PM
You will only be counted against the cap once unless your 6 year limit of H-1 is over and you are out of US for another year. So no problems you can file for your new H-1. Just make sure you send a copy of the old H-1 approval copy as well to prove you are already counted towards cap.
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ivy55
07-17 09:26 PM
How did you open Expedite SR, I opened SR nearly five times, took two InfoPass, yet not FP ?
chanduy9
07-05 11:25 AM
Here is the link
http://immigrationvoice.org/forum/showthread.php?t=6029
http://immigrationvoice.org/forum/showthread.php?t=6029
more...
dan19
09-11 04:14 PM
What to advertise??
....Employer says, he did not hear anything from them to start advertising.
....Employer says, he did not hear anything from them to start advertising.
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sundar99
05-03 10:49 AM
I would think the more people call this reporter is better as Silicon Valley has significant influence, and also - the number of h1b concentration is very high.
Mentioning the plight of EB Retro, Backlog, is the price one pays for waiting in line and respecting the law of the land !... --> Already people are pissed with Mexican Citizens calling the US their land and demanding citizenships (instead of referering to them as Illegal Immigrants, better to call them Mexican Citizens, and we should tell the US Govt to treat them like any other citizens of other countries). We should empahsise how the amnesty offer can set precedence for future influx of people and how US would end up as Latino country, if immigration is not controlled. This can be a sure catalyst for SJ Mercury times as they are trying to find ammunition to counter the Illegal protests..... Family based ones are not working out for them. H1B -to GC --> process will surely work for us and them..
The reporter had no clue that EB Retro victims have been waiting in line for so long. THey are only aware of Family based immigrations. Please do call and let them know, they are not aware of the Back log waits as well... Do no assume most of the folks in US is aware of the legal immigrants wait. They do not know at all. It is time we spend few minutes with all avenues to ensure all get to know the issues faces by legal immigrants.
Learning 01 -> I am not a new comer here, I joined before you and have contributed significantly too, when Aman requested me to join initially -> I was pissed by one or two people like you who discourage ideas, so stayed away, We need to explore avenues "instead of My advise - ignore them and don't post or start new threads here. Instead write letters to editors" your quote. How do you know this is useless ?
Do you think Senators etc care about any legal immigrants ? We need to take all approach and not rule out avenues. it is very important. At the end no one is sure, if EB Retro Folks or Back log victims will get any benefit. We need to work as a team, instead of pissing people off !
Mentioning the plight of EB Retro, Backlog, is the price one pays for waiting in line and respecting the law of the land !... --> Already people are pissed with Mexican Citizens calling the US their land and demanding citizenships (instead of referering to them as Illegal Immigrants, better to call them Mexican Citizens, and we should tell the US Govt to treat them like any other citizens of other countries). We should empahsise how the amnesty offer can set precedence for future influx of people and how US would end up as Latino country, if immigration is not controlled. This can be a sure catalyst for SJ Mercury times as they are trying to find ammunition to counter the Illegal protests..... Family based ones are not working out for them. H1B -to GC --> process will surely work for us and them..
The reporter had no clue that EB Retro victims have been waiting in line for so long. THey are only aware of Family based immigrations. Please do call and let them know, they are not aware of the Back log waits as well... Do no assume most of the folks in US is aware of the legal immigrants wait. They do not know at all. It is time we spend few minutes with all avenues to ensure all get to know the issues faces by legal immigrants.
Learning 01 -> I am not a new comer here, I joined before you and have contributed significantly too, when Aman requested me to join initially -> I was pissed by one or two people like you who discourage ideas, so stayed away, We need to explore avenues "instead of My advise - ignore them and don't post or start new threads here. Instead write letters to editors" your quote. How do you know this is useless ?
Do you think Senators etc care about any legal immigrants ? We need to take all approach and not rule out avenues. it is very important. At the end no one is sure, if EB Retro Folks or Back log victims will get any benefit. We need to work as a team, instead of pissing people off !
more...
IVFOREVER
03-27 03:49 PM
I will also agree with you "To be positive". But being realistically positive is good and avoids disappointment at the end of the day.
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apb
04-04 01:30 PM
1. Did you find have any issues when getting 485 approved.
---- Here most are with GC app pending. AC21 is being used by many only in the last two months.
2. Did you file AC21.
Yes
3. Does the job responsibility has to meet 100% word by word.
Not necessary
4. Has any one you applied for EAD extension on your own.
I did not apply for extension. But when my time comes I will do it on my own.
Lawyer cost is $300 per applicant per document (EAD and AP treated separately by lawyer and charged separately by lawyer.
5. Has any one got an RFE after changing the Job on EAD and submitting AC21. if so what kind of questions do they ask.
No RFE yet. I am not sure why they will ask question if you had worked for GC company > 180 days.
---- Here most are with GC app pending. AC21 is being used by many only in the last two months.
2. Did you file AC21.
Yes
3. Does the job responsibility has to meet 100% word by word.
Not necessary
4. Has any one you applied for EAD extension on your own.
I did not apply for extension. But when my time comes I will do it on my own.
Lawyer cost is $300 per applicant per document (EAD and AP treated separately by lawyer and charged separately by lawyer.
5. Has any one got an RFE after changing the Job on EAD and submitting AC21. if so what kind of questions do they ask.
No RFE yet. I am not sure why they will ask question if you had worked for GC company > 180 days.
more...
eb2_hope
08-08 09:20 AM
Friends , Just wanted to let you know that Infopass at Detroit local office is total waste of time. Today morning I had infopass appointment ( EB2-I 2004 ) .IO officer told us that they are not allowed to give any information regarding name check due to security reasons. Also IO told us that 1-800 number CR are trying to get rid of us hence they send us to Infopass at local office but local office has got instructions not to reveal any information about I-485 employment based cases.
So much for transparent and fair law in USA and american dream ..:mad::mad::mad:
So much for transparent and fair law in USA and american dream ..:mad::mad::mad:
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GCBy3000
01-08 02:19 PM
How this conversion works. I am surprised to hear that your H4 to H1 got approved. I heard that any H4-H1 conversion will be counted againts the next years cap which opens up only in April'07. Was your wife on h1 before and got converted to h4 earlier? Then she may not be counted as she was already counted.
Tell me a good news that she was in H4 througout and got her new H1 approved now. It is fantastic news for all H4s. Still I will wait till Feb 15 to check whether I can file 485 through any supplemental bills before trying to get H1 for my wife.
It is not a rule, but it depends on how the approval is given by USCIS. If you get a extended I94 along with the H1 approval then you are all set, if you get an approval with no I94 then you need to get a stamping before starting work. Consult lawyers they will explain it better.
My wife went through the H4 - H1 Conversion which got approved last week, we are still wating to see the approval document.
Tell me a good news that she was in H4 througout and got her new H1 approved now. It is fantastic news for all H4s. Still I will wait till Feb 15 to check whether I can file 485 through any supplemental bills before trying to get H1 for my wife.
It is not a rule, but it depends on how the approval is given by USCIS. If you get a extended I94 along with the H1 approval then you are all set, if you get an approval with no I94 then you need to get a stamping before starting work. Consult lawyers they will explain it better.
My wife went through the H4 - H1 Conversion which got approved last week, we are still wating to see the approval document.
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pappu
01-24 11:47 AM
If there is going to be any more discussion on if IV should push for 485 or not push, moderators will close the threads. There has been enough discussion and arguements in the past over this and members are more than willing to give hundreds of ideas and opinions for free but only a few actually care to implement them or help IV with a mere $20. If you want to discuss it, go to other forums and discuss it and be an armchair strategist.
If you have ideas and want to implement them, join your local chapter and get active. Contribute in the funding drive so that IV can continue to be a platform for everyone in ths struggle.
If you have ideas and want to implement them, join your local chapter and get active. Contribute in the funding drive so that IV can continue to be a platform for everyone in ths struggle.
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nozerd
01-24 11:31 AM
Personally I feel the most disgusting of all the provisions is country quota. Why the hec should 2 employees in excat same situation be discriminated because of country of birth ?
I can believe its even legal. They should get rid of it.
I can believe its even legal. They should get rid of it.
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smisachu
12-24 11:50 AM
Same situation here. I know about renewing H1 with same company is OK but as you have asked with a different company is a big ?. Hope some one answers.....I have appointment in Kolkota but not sure if I should cancel the appointment or go...
Hi,
I have a question:
- H1-B's I-797 is valid, but visa stamping has expired.
- I use AP document to re-enter.
- I do not use EAD at all
After using AP, can I move to a different company by petitioning for H1-B?
The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?
-----------------
Detailed scenario
-----------------
My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.
My questions are:
1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?
2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful
I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.
Thanks
Hi,
I have a question:
- H1-B's I-797 is valid, but visa stamping has expired.
- I use AP document to re-enter.
- I do not use EAD at all
After using AP, can I move to a different company by petitioning for H1-B?
The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?
-----------------
Detailed scenario
-----------------
My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.
My questions are:
1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?
2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful
I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.
Thanks
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joshraj
10-13 04:32 PM
Atlast something is happening :)
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diptam
06-05 05:18 PM
I dont know if other Folks have seen the same thing. My renewal EAD application has reached Texas (TSC) today June 5th around noon by USPS Express Mail but the status says
Status: Notice Left
We attempted to deliver your item at 11:16 AM on June 5, 2008 in MESQUITE, TX 75185 and a notice was left. A second delivery attempt will be made. If unsuccessful, we will hold it for five business days and then it will be returned to the sender. Information, if available, is updated every evening. Please check again later.
The address where i sent is
USCIS
Texas Service Center
P.O. Box 851041
Mesquite, TX 75185-1041
Any clue what may be going on - this is another round of fun :confused:
Status: Notice Left
We attempted to deliver your item at 11:16 AM on June 5, 2008 in MESQUITE, TX 75185 and a notice was left. A second delivery attempt will be made. If unsuccessful, we will hold it for five business days and then it will be returned to the sender. Information, if available, is updated every evening. Please check again later.
The address where i sent is
USCIS
Texas Service Center
P.O. Box 851041
Mesquite, TX 75185-1041
Any clue what may be going on - this is another round of fun :confused:
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reddy77
04-12 02:20 PM
Gurus, I just got an email about RFE on 485 application for both of us (myself and wife). My PD is Sep 2006, EB2, not sure why the application got opened and whats the RFE about. I am still working on h1 (renewed based on approved 140) and still has 1.5 years left. Is someone on the same boat, i mean RFE's on 485 though PD is not current??? If the RFE is about my employment, would my wife also get the RFE ?? I am with the same employer from almost 6 years.Do i get the copy of RFE too or just the attorney?? Thanks Guys, appreciate your help ....
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jonty_11
07-12 12:00 PM
if u switch status from h1 to h4...i think u willl be subjected to cap next time u file for H1..as its a fresh H1 and not H1-Transfer
eb3stuck
09-22 07:20 PM
Well, I don't see a problem with that. If you can file 485 without clearing 140, why can't you file 485 without clearing labor?
We should stay modest? There are a lot of us who have waited 4+ years for labor. I think that's enough modesty and patience.
I think this is still in USICS control to allow I485 to file even if priority date is not current.
We should stay modest? There are a lot of us who have waited 4+ years for labor. I think that's enough modesty and patience.
I think this is still in USICS control to allow I485 to file even if priority date is not current.
glus
10-20 08:22 AM
Hello,
As EAD is not same like H1-B, you can not work if the old EAD expires and new one is not issued (see an attorney's reponse here (http://forum.freeadvice.com/immigration-9/ead-renewal-195657.html) and here (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=7161084702)). If EAD application is pending for more than 90 days, then you can open a service request and request expedited approval (there have been cases where such requests resulted in EAD approvals within a week). It is worth a try to approach the local USCIS and request a temporary EAD, but as far as I know, USCIS has stopped issuing such temporary cards.
It is important that you do not work in-between the expiry date of old EAD and start date of new EAD, so it is better to ask for unpaid leave for such time, though there is no need to quit the job. If the work demands are heavy, you may want to continue working as per 245k (but you will have to pay 1000 USD as fine), see the discussion here (http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/20566-new-245-k-memo-released-with-more-clarifications.html).
Good luck!
hi there,
There is no 245(k), $1000 fee. This fee applied to different law, 245(i), which does not apply here. If a person works during the gap between EADs, he/she will incur "unauthorized employment". However, this clock stops when a new EAD is approved. As long as an Employment-based 485 beneficiary or derivative beneficiary did not incur 180 days of unauthorized employment or more, as in this case, his/hers I485 can be approved due to the 245(k) protection.
Best Wishes,
As EAD is not same like H1-B, you can not work if the old EAD expires and new one is not issued (see an attorney's reponse here (http://forum.freeadvice.com/immigration-9/ead-renewal-195657.html) and here (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=7161084702)). If EAD application is pending for more than 90 days, then you can open a service request and request expedited approval (there have been cases where such requests resulted in EAD approvals within a week). It is worth a try to approach the local USCIS and request a temporary EAD, but as far as I know, USCIS has stopped issuing such temporary cards.
It is important that you do not work in-between the expiry date of old EAD and start date of new EAD, so it is better to ask for unpaid leave for such time, though there is no need to quit the job. If the work demands are heavy, you may want to continue working as per 245k (but you will have to pay 1000 USD as fine), see the discussion here (http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/20566-new-245-k-memo-released-with-more-clarifications.html).
Good luck!
hi there,
There is no 245(k), $1000 fee. This fee applied to different law, 245(i), which does not apply here. If a person works during the gap between EADs, he/she will incur "unauthorized employment". However, this clock stops when a new EAD is approved. As long as an Employment-based 485 beneficiary or derivative beneficiary did not incur 180 days of unauthorized employment or more, as in this case, his/hers I485 can be approved due to the 245(k) protection.
Best Wishes,
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