yabadaba
06-21 09:50 AM
we can only guess
i would assume cases that are not substitute labor, porting priotity date, cross chargeability, clear birth certificates, clear employer verification letter, no namecheck issues, no fingerprinting issues, etc
i would assume cases that are not substitute labor, porting priotity date, cross chargeability, clear birth certificates, clear employer verification letter, no namecheck issues, no fingerprinting issues, etc
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ajju
04-10 10:15 AM
Friends,
1. I have approved I140 > 180 days in actually 300 days
please help
The only missing thing I see is that I-485 has also been pending for > 180 days.. If thats true.. you are good to go... 140 > 180 days has not much significance... only approved 140 is important... Good luck...
1. I have approved I140 > 180 days in actually 300 days
please help
The only missing thing I see is that I-485 has also been pending for > 180 days.. If thats true.. you are good to go... 140 > 180 days has not much significance... only approved 140 is important... Good luck...
logiclife
04-15 06:54 PM
I have been in this situation but my work location changed more than 100miles within the same state. My attorney asked me to start another labor.
1. If you think that you will move back one the 485 is adjucated, then you dont have to worry. OTherwise, you have file a new labor. Atleast you are safe since your 140 is approved. You can port your PD.
2. If it is within few miles then it should not affect. Still you have to check with your attorney. Few miles sometimes puts you in different couty or state or even in different country. So the term "Few Miles" is relative one and it is better to check with attorney.
By making you file for new labor, your attorney has played it too safe. In your case, filing a new labor was not neccesary. Please read below and check with an immigration lawyer for advice. I AM NOT A LAWYER but this advice is based on 2 different lawyers I have talked to regarding my own case where I moved from Phoenix, to Reno after my labor was filed.
Here is the deal when changing the location while GC is pending:
1. You can change location during your pending GC. But your job description must not change. Also, you have to move back to the location where your GC was filed, ONLY IF your 485 is processed and approved in less than 180 days from filing (I dont think USCIS will ever be that efficient and process 485 petitions in less than 180 days). That's because your option of AC21 of changing employers and locations (within the same job description, you cant work at a gas station or McDonalds) kicks in after 180 days of filing 485. If your 485 is approved in less than 180 days, then yes, you have to go back to the original location where your Greencard was filed because you dont have the AC21 options of switching employers and locations during your 485 stage ... which is available ONLY AFTER 180 days have passed in the processing of your 485 file.
So as long as your 485 takes longer than 180 days, you can continue to work at your new location even though you GC and labor was filed at a previous location.
2. After 180 days of filing 485, you can change employers using your EAD and change locations. No limit. But it has to be the same job description. You cannot start working as a manager if your Greencard was filed for the position of a programmer.
1. If you think that you will move back one the 485 is adjucated, then you dont have to worry. OTherwise, you have file a new labor. Atleast you are safe since your 140 is approved. You can port your PD.
2. If it is within few miles then it should not affect. Still you have to check with your attorney. Few miles sometimes puts you in different couty or state or even in different country. So the term "Few Miles" is relative one and it is better to check with attorney.
By making you file for new labor, your attorney has played it too safe. In your case, filing a new labor was not neccesary. Please read below and check with an immigration lawyer for advice. I AM NOT A LAWYER but this advice is based on 2 different lawyers I have talked to regarding my own case where I moved from Phoenix, to Reno after my labor was filed.
Here is the deal when changing the location while GC is pending:
1. You can change location during your pending GC. But your job description must not change. Also, you have to move back to the location where your GC was filed, ONLY IF your 485 is processed and approved in less than 180 days from filing (I dont think USCIS will ever be that efficient and process 485 petitions in less than 180 days). That's because your option of AC21 of changing employers and locations (within the same job description, you cant work at a gas station or McDonalds) kicks in after 180 days of filing 485. If your 485 is approved in less than 180 days, then yes, you have to go back to the original location where your Greencard was filed because you dont have the AC21 options of switching employers and locations during your 485 stage ... which is available ONLY AFTER 180 days have passed in the processing of your 485 file.
So as long as your 485 takes longer than 180 days, you can continue to work at your new location even though you GC and labor was filed at a previous location.
2. After 180 days of filing 485, you can change employers using your EAD and change locations. No limit. But it has to be the same job description. You cannot start working as a manager if your Greencard was filed for the position of a programmer.
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sromil99
03-26 03:16 AM
Which Consulate you went for renewal?
It looks like case of establishing Employee - employer relationship and RFE is requested for the same.
You work for comp A which has contract with Comp B and Comp B makes you work for Comp C.
You need contract between Comp B and Comp C as well.
Search for Employer Employee memo, which was issued in Jan 2010 y USICS, that should clear the picture for you.
Note: I am not a professional, these comments are FYI only, pls seek professional advice for details.
It looks like case of establishing Employee - employer relationship and RFE is requested for the same.
You work for comp A which has contract with Comp B and Comp B makes you work for Comp C.
You need contract between Comp B and Comp C as well.
Search for Employer Employee memo, which was issued in Jan 2010 y USICS, that should clear the picture for you.
Note: I am not a professional, these comments are FYI only, pls seek professional advice for details.
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walking_dude
11-27 09:24 PM
Thanks Rajeev, MB, new_gc_guy, grupak, GCkaMaara, coopheal for your pledge. I pledge a contribution of $100 as well for the rally, besides my continuing monthly contributions and participation in the rally.
Others, please step forward. Let us not be penny-wise and pound-foolish. Let us help IV pull this thing for our sake.
Others, please step forward. Let us not be penny-wise and pound-foolish. Let us help IV pull this thing for our sake.
docwa
04-12 06:50 PM
Thanks all. I called my lawyer, and she mentioned that there have been specific cases of the Neb Service Center rejecting I485 applications for internists while they are doing fellowships. I guess my plan would be to find a 'full time' position working a couple of nights a week in the same city where I am working as a fellow, and use that as proof of ongoing full time internist work.
I am not sure if they need just a letter, or a w2s also. I guess 'full time' is a very arbitrary word, and can be applied to more than 28-32 hrs a week, which is very easily doable.
I am not sure if they need just a letter, or a w2s also. I guess 'full time' is a very arbitrary word, and can be applied to more than 28-32 hrs a week, which is very easily doable.
more...
walker15
02-15 10:55 AM
Also your immigration attorney's involvement is very crucial in regard to your case.
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BMWX5
04-12 06:02 PM
If I were you, I would send a letter with the facts. I do not see a downside to this. On the upside, if the employer decides to settle you could potentially get some of your money back.
I agree with you.
I agree with you.
more...
purgan
10-04 01:31 AM
There are many people on this forum who have been waiting for 5 years or more. No one can predict when you will get the GC- such is the beauty of the EB Immigration System.
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gc_on_demand
05-22 10:18 AM
Hello -
if they are to terminate concurrent filing. How long would it take for
the rule to take place. This includes 2 months comment period and all
Thanks
P :)
I think after comment period with in week they publish rule in federal register.
So at max by aug 15th they will make this rule.
if they are to terminate concurrent filing. How long would it take for
the rule to take place. This includes 2 months comment period and all
Thanks
P :)
I think after comment period with in week they publish rule in federal register.
So at max by aug 15th they will make this rule.
more...
raj2007
02-18 10:33 PM
What it means Inforpass? Can you explain in detail. Sorry I don't have any Idea on Infopass.
check here for infopass.
http://infopass.uscis.gov/
check here for infopass.
http://infopass.uscis.gov/
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piyu7444
05-08 04:48 PM
Hi, I am not an expert, quoting from things I have read in the past.
Ans 1: Notifying or not notifying about job change should not delay AOS process. It might help that you might not get a RFE. People on IV and RK forum have mixed views on this. Some choose to notify some do not. In case you do not notify, you might get an RFE asking for pay stub and current company. I know Shila Murthy and some other lawyers prefer to notify.
Ans 2: Your corporate lawyer can apply, they will have to get a G28 filled out and signed from you.
Ans 3: As of now, using AC21, job title is not a problem at all. What matters is, job description, should be same or similar (definition on same/similar not clear yet- may be very soon). If the job description is very similar then it should not be a problem.
Ans 4: If salary is more then it is not a problem, should not be less then specified in I-140/LC.
Again, I don't consider myself an expert. so take this with a pinch of salt.
Good luck.
GCCovet
Ron Gotcher has some FAQ on his website and it clearly states that informing will delay the process. I do not know how far it is true but thought I should share this info with you. Here is the question and answer from that document....
Q: Do I have to notify the CIS that I have changed employers?
A: No, there is no legal requirement that you do so. Indeed, doing so will likely result in the processing of your case being delayed. If the CIS asks you if you have changed jobs, you must respond fully and truthfully, but you do not have to volunteer any information.
Ans 1: Notifying or not notifying about job change should not delay AOS process. It might help that you might not get a RFE. People on IV and RK forum have mixed views on this. Some choose to notify some do not. In case you do not notify, you might get an RFE asking for pay stub and current company. I know Shila Murthy and some other lawyers prefer to notify.
Ans 2: Your corporate lawyer can apply, they will have to get a G28 filled out and signed from you.
Ans 3: As of now, using AC21, job title is not a problem at all. What matters is, job description, should be same or similar (definition on same/similar not clear yet- may be very soon). If the job description is very similar then it should not be a problem.
Ans 4: If salary is more then it is not a problem, should not be less then specified in I-140/LC.
Again, I don't consider myself an expert. so take this with a pinch of salt.
Good luck.
GCCovet
Ron Gotcher has some FAQ on his website and it clearly states that informing will delay the process. I do not know how far it is true but thought I should share this info with you. Here is the question and answer from that document....
Q: Do I have to notify the CIS that I have changed employers?
A: No, there is no legal requirement that you do so. Indeed, doing so will likely result in the processing of your case being delayed. If the CIS asks you if you have changed jobs, you must respond fully and truthfully, but you do not have to volunteer any information.
more...
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ho_gaya_kaya_?
01-12 06:48 PM
Hey Bhnupriya
could you please post some tips on how to form the sample letter for I140 ?
i need both I140 as well as copy of labor
Thanks.
could you please post some tips on how to form the sample letter for I140 ?
i need both I140 as well as copy of labor
Thanks.
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WeShallOvercome
11-07 12:10 PM
If EB2 PD is 1 APR 2004 then what does the ProcessingTimeFrame Date(August 25, 2006) mean for I-485 in Texas Service Center.
Can anyone clarify. Guys exuse my Ignorance...I just want to know the rule
sury,
What that means is "All applications received before August 25, 2006 AND whose PD is current , are being processed"
If your PD is 2003 but you filed your I-485 after Aug'2006 your app will not be adjudicated.
If you filed before Aug'2006 but your PD is after Apr'2004, your app will not be adjudicated.
If your PD is before Apr'2004 and you filed your app before August 25, 2006, your app will be adjudicated..
This is to make sure people don't start expecting approvals and calling them left and right one day after filing if their PD is current. they need some time for every application, so they put in this 'processing date' which works in conjunction with 'priority date' to check if a case is approvable at any given time. They normally won't entertain calls enquiring about a case if the filing date does not fall within this processing date.
Can anyone clarify. Guys exuse my Ignorance...I just want to know the rule
sury,
What that means is "All applications received before August 25, 2006 AND whose PD is current , are being processed"
If your PD is 2003 but you filed your I-485 after Aug'2006 your app will not be adjudicated.
If you filed before Aug'2006 but your PD is after Apr'2004, your app will not be adjudicated.
If your PD is before Apr'2004 and you filed your app before August 25, 2006, your app will be adjudicated..
This is to make sure people don't start expecting approvals and calling them left and right one day after filing if their PD is current. they need some time for every application, so they put in this 'processing date' which works in conjunction with 'priority date' to check if a case is approvable at any given time. They normally won't entertain calls enquiring about a case if the filing date does not fall within this processing date.
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learning01
04-06 10:11 PM
There is no serious effort by the republicans. They are fractured, divided, into groups. They have no motivation to get this comprehensive bill passed. I have been observing the tactics and attitudes of these republican senators and democratic senators. I am more shocked by the game of one-upmanship on the part of Frist, Kyl, Cornyn, Craig. I don't see rhyme or reason in their sppeches. The bill has no life for the next 3 weeks.
i am sorry..i couldnt follow todays proceedings..whn i cam to iv site in the evening..everyone says bill is dead
whn i went to immigration-law.com, they say the following
cud someone tell me which one is true??????????
We reported earlier the Senate Republican Members Agreement last night. Today, the Democratic Minority Leader and other Democractic leaders agreed to the proposal, turning the Republican agreement into the Bi-Partisan Agreement. This dramatic break-through opens a door to the possibility of passing the Senate version of Comprehensive Immigration Reform bill, S. 2454, as amended before this week is over and before the Congress goes into the recess next two weeks.
The development is accompanied by three other developments:
President released statement supporting the bi-partisan agreement;
Senate rejected the Democrat's motion to cloture for the Specter amendments to S.2454;
Senate also relected the Republican Kyl' motion for his amendments.
Now we see the light at the end of the tunnel!!
i am sorry..i couldnt follow todays proceedings..whn i cam to iv site in the evening..everyone says bill is dead
whn i went to immigration-law.com, they say the following
cud someone tell me which one is true??????????
We reported earlier the Senate Republican Members Agreement last night. Today, the Democratic Minority Leader and other Democractic leaders agreed to the proposal, turning the Republican agreement into the Bi-Partisan Agreement. This dramatic break-through opens a door to the possibility of passing the Senate version of Comprehensive Immigration Reform bill, S. 2454, as amended before this week is over and before the Congress goes into the recess next two weeks.
The development is accompanied by three other developments:
President released statement supporting the bi-partisan agreement;
Senate rejected the Democrat's motion to cloture for the Specter amendments to S.2454;
Senate also relected the Republican Kyl' motion for his amendments.
Now we see the light at the end of the tunnel!!
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pankajkakkar
03-05 07:09 PM
Please email me (kakkar_pankaj@hotmail.com) and I'll try to get us co-ordinated.
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meridiani.planum
02-01 11:23 PM
Guys
I recently got my 485 approved and got my card too. My wife's case is bit complicated.
I would appreciate if someone can throw light on this.
She applied her 485 in August 2007. Her 485 was seperately filed with her company since I was physically not present in US at that time in order to apply her as my dependent through my primary 485.
I applied for my 485 in Oct 2007 when I came back to US. I did not add her as dependent since she already applied for her 485.
Later in 2008 ( , my lawyer sent a letter to USCIS requesting them to link her 485 as my dependent. Now after my 485 is approved, my lawyer checked with USCIS whether her case is linked to mine. Lawyer was informed that the case is indeed linked and that her 485 will be approved anytime.
But now, my wife;s position in her company is not that good as there are layoffs happening. If God forbid she gets layed off from her current h1b status, will she be in status? can she continnue to stay in US without working?
thanks
mdy_tvr
yes, since she has a pending 485 she does not have to worry about status, that pending 485 keeps the status around. She can even file for an EAD.
I recently got my 485 approved and got my card too. My wife's case is bit complicated.
I would appreciate if someone can throw light on this.
She applied her 485 in August 2007. Her 485 was seperately filed with her company since I was physically not present in US at that time in order to apply her as my dependent through my primary 485.
I applied for my 485 in Oct 2007 when I came back to US. I did not add her as dependent since she already applied for her 485.
Later in 2008 ( , my lawyer sent a letter to USCIS requesting them to link her 485 as my dependent. Now after my 485 is approved, my lawyer checked with USCIS whether her case is linked to mine. Lawyer was informed that the case is indeed linked and that her 485 will be approved anytime.
But now, my wife;s position in her company is not that good as there are layoffs happening. If God forbid she gets layed off from her current h1b status, will she be in status? can she continnue to stay in US without working?
thanks
mdy_tvr
yes, since she has a pending 485 she does not have to worry about status, that pending 485 keeps the status around. She can even file for an EAD.
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mrdelhiite
08-07 09:01 AM
I'm afraid I can't help you with your application but Congrats! on getting married, i.e... :-)
Thank you Sir :-)
Also anyone, any replies for my questions please?
Thanks
-M
Thank you Sir :-)
Also anyone, any replies for my questions please?
Thanks
-M
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neoklaus
11-14 02:19 PM
As per my family experience: for my husband and daughter they issued EADs without
FP 3 weeks befor FP app-t, but mine EAD was ordered, as I've been informed by e-mail,
in a 4 days after FP was done.
So, even if Biometricals are not mandatory for EAD, but EAD Card has place for FP on it,
in some cases they(USCIS) may pretend that there are a requirements( depends from officer)
FP 3 weeks befor FP app-t, but mine EAD was ordered, as I've been informed by e-mail,
in a 4 days after FP was done.
So, even if Biometricals are not mandatory for EAD, but EAD Card has place for FP on it,
in some cases they(USCIS) may pretend that there are a requirements( depends from officer)
waiting4gc02
02-21 11:53 AM
Satish,
Did you see these updated today (2/21) ?
Where did you see that ??
Thanks
Did you see these updated today (2/21) ?
Where did you see that ??
Thanks
skv
08-03 05:37 PM
Hi logiclife,
I agree with you. You're spot on. My other friend, please take a note of Logiclife's comments.
Do you have any sections from USCIS, which states that there is no need of job duties on the experience letter and just the job title and dates of employment will suffice. much appreciated. Thx.
What you did was creative (in a bad way). Sorta illegal. And sorta forgerish and borderline fraudulent. I am not judging you, I am just telling you how it sounds.
Now, how did you add material to the word document that was already signed? And therin lies the bad part.
Anyways, correspondence between USCIS and employer/lawyer/employee is always thru mail. I dont think they communicate thru faxes.
Now, if for some reason INS (and by the way, its USCIS now) came to know afterwards, then you are in a deep hole because it sounds like fraud. Fraud is grounds of denial of immigration benefits (any benefit, like H1, or GC or citizenship). Besides, roles and responsibilities are not really needed if the letter says that all conditions in labor cert and 140 are still valid and employment is still offered as per labor cert. Then you dont need detailed description of what you are doing. And even if you felt the urge to add that part in your letter, why didnt you just ask them that?
I agree with you. You're spot on. My other friend, please take a note of Logiclife's comments.
Do you have any sections from USCIS, which states that there is no need of job duties on the experience letter and just the job title and dates of employment will suffice. much appreciated. Thx.
What you did was creative (in a bad way). Sorta illegal. And sorta forgerish and borderline fraudulent. I am not judging you, I am just telling you how it sounds.
Now, how did you add material to the word document that was already signed? And therin lies the bad part.
Anyways, correspondence between USCIS and employer/lawyer/employee is always thru mail. I dont think they communicate thru faxes.
Now, if for some reason INS (and by the way, its USCIS now) came to know afterwards, then you are in a deep hole because it sounds like fraud. Fraud is grounds of denial of immigration benefits (any benefit, like H1, or GC or citizenship). Besides, roles and responsibilities are not really needed if the letter says that all conditions in labor cert and 140 are still valid and employment is still offered as per labor cert. Then you dont need detailed description of what you are doing. And even if you felt the urge to add that part in your letter, why didnt you just ask them that?
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