asdqwe2k
06-27 03:16 PM
Incorrect
As per law one should have intent to work full-time for the employer (or AC-21 employer) at the time of approval. There is no time period specified.
The intent, of course, can change after some time. Lawyers differs on the duration. Some argue it is 90 days, whereas others suggest 180 days or 1 year.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
Dr. William:
My I-485 application based on I-140 of NIW has been approved finally, after an RFE replying. Is there any requirement of how long I can change job after the I-485 approval?
--------------------------------------------------------------------------------
A:
According to USCIS previous requirement, a person is required to work for the sponsoring employer for at least one year after obtaining the Green Card. There may be a problem when you want to apply for U.S. citizenship later, if you leave the sponsoring employer in a short period of time after obtaining the Green Card.
The AC-21 rule does not clear the issue of a person who leaves its employer after the I-485 approval, but it is better to take a conservative way to reduce the potential risk later.
http://www.greencardapply.com/question/question04/question04_0519.htm
As per law one should have intent to work full-time for the employer (or AC-21 employer) at the time of approval. There is no time period specified.
The intent, of course, can change after some time. Lawyers differs on the duration. Some argue it is 90 days, whereas others suggest 180 days or 1 year.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
Dr. William:
My I-485 application based on I-140 of NIW has been approved finally, after an RFE replying. Is there any requirement of how long I can change job after the I-485 approval?
--------------------------------------------------------------------------------
A:
According to USCIS previous requirement, a person is required to work for the sponsoring employer for at least one year after obtaining the Green Card. There may be a problem when you want to apply for U.S. citizenship later, if you leave the sponsoring employer in a short period of time after obtaining the Green Card.
The AC-21 rule does not clear the issue of a person who leaves its employer after the I-485 approval, but it is better to take a conservative way to reduce the potential risk later.
http://www.greencardapply.com/question/question04/question04_0519.htm
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dba9ioracle
04-25 11:50 AM
Most of the desi employers in this country have gone thru the same H1B and GC process and got all bad experience. BUT when they start their own company, MOST OF THEM (NOT ALL OF THEM) do the same..... Employer should treat employees, the same way they are expecting to be treated as an employee.. In a long run, Employers with good ethics and practices makes more money and reputation.. The releationship goes longer only if employer and employee both benefits from it.. Isn't it simple to understand and put it into the practice ?
shantak
05-20 10:52 AM
As you have efiled your EAD the FP you have received might not necessarily mean the FP for 485, it could be just for EAD. Gurus any comment!!
I am a July 2nd Filer, and have not gone through FP till now.
I e filed on 11th May for EAD /AP renewal for myself and spouse.
LUD on 14 th May. Receipt notices received 16 th may.
Got FP notice only for myself on 19 th May.
(Still waiting for spouse's FP notice)
-R
I am a July 2nd Filer, and have not gone through FP till now.
I e filed on 11th May for EAD /AP renewal for myself and spouse.
LUD on 14 th May. Receipt notices received 16 th may.
Got FP notice only for myself on 19 th May.
(Still waiting for spouse's FP notice)
-R
2011 雪だるま 塗り絵
jindhal
09-24 11:42 PM
Guys this year's party is pretty much over :rolleyes:....whts the point debating something whether right or wrong which pretty much nobody can do anything about except went frustration from whichever side of the isle one sits on.....
As per Mr C.O. of USCIS I guess they have sent out the party invitation for the year so I guess there is no point sniping at each other. New inivitations will start from July next yr...;)
Take a chill pill guys....its a weekend.....get a beer....enjoy life( beleive me GC or no GC these days will not come by:make the most) :D
I agree..
As per Mr C.O. of USCIS I guess they have sent out the party invitation for the year so I guess there is no point sniping at each other. New inivitations will start from July next yr...;)
Take a chill pill guys....its a weekend.....get a beer....enjoy life( beleive me GC or no GC these days will not come by:make the most) :D
I agree..
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bottlemani
12-10 11:13 AM
Living off the wealth others have created?? What are you talking about? Also, this issue is not just about programmers. It is about doctors, scientists, engineers and several other qualified professionals. Do some fact-checking rather than being a nitwit. Go take a walk.
Why don't posters on this forum move back to their home country and concentrate on making their home country great instead of slamming into someone else's country and just living off the wealth others have created?
The bottom line is that a SKIL act is not needed. Hundreds of thousands of American programmers have lost their job to the third world, both in outsourcing and insourcing of third world programmers who work for cheaper wages. There is absolutely no need for more foreigners here and no need for more green cards. Temporary workers are just that - temporary. If you are on a temporary visa, work your time, make some money for your family and head home when your time is up. Don't cry that we don't provide enough green cards when you knew what kind of visa you were on.
Why don't posters on this forum move back to their home country and concentrate on making their home country great instead of slamming into someone else's country and just living off the wealth others have created?
The bottom line is that a SKIL act is not needed. Hundreds of thousands of American programmers have lost their job to the third world, both in outsourcing and insourcing of third world programmers who work for cheaper wages. There is absolutely no need for more foreigners here and no need for more green cards. Temporary workers are just that - temporary. If you are on a temporary visa, work your time, make some money for your family and head home when your time is up. Don't cry that we don't provide enough green cards when you knew what kind of visa you were on.
kumar1
06-26 12:14 PM
You stole words from my mouth. Do not tell them that you have EAD.
The trick is to say that you have unrestricted work authorization, i.e., can work for any employer without needing additional sponsorship. Stating that you have an EAD may be confusing to some and they may just take the easy way out by not pursuing further, or, wilfully rejecting to avoid any kind of complications later on that could jeopardize the specific project by suddennly being unable to work.
The trick is to say that you have unrestricted work authorization, i.e., can work for any employer without needing additional sponsorship. Stating that you have an EAD may be confusing to some and they may just take the easy way out by not pursuing further, or, wilfully rejecting to avoid any kind of complications later on that could jeopardize the specific project by suddennly being unable to work.
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dtekkedil
07-03 04:22 PM
Hi Everybody
I'm almost at checkout for sending flowers. Interestingly I noticed that there are other forums where people are discussing the immigration issues and also where people are effected.
Lets make it a massive campaign. We can have a link on the immigration voice home page with exact details on the address and date (final) and impress on people that it shall work.
I noticed that many Chinese use other forums in Chinese language. In fact I requested one of friends to post these details in their forum as well. May be each one of us can forward the details to others by E-mail or other wise. Try to make 10th July as big day for USCIS leaving all document packages aside but busy handling the roses.
Media would definitely be happy discussing the approach for days and in way discuss the issue as well.
Flowers do bring smile and a little bit of introspection to every one.
Lets do it big way.
Thanks
Lets do it! July 10th is the delivery date.
Some florists (FTD for example) do not deliver on Mondays (I guess they.. like Garfield.. HATE Mondays!).
We need the IV Core people to put links up on the main page... None of them seem to be awake right now!
For now... just spread the word... order your flowers.. and watch as USCIS's office turns into a beautiful garden on July 10th
I'm almost at checkout for sending flowers. Interestingly I noticed that there are other forums where people are discussing the immigration issues and also where people are effected.
Lets make it a massive campaign. We can have a link on the immigration voice home page with exact details on the address and date (final) and impress on people that it shall work.
I noticed that many Chinese use other forums in Chinese language. In fact I requested one of friends to post these details in their forum as well. May be each one of us can forward the details to others by E-mail or other wise. Try to make 10th July as big day for USCIS leaving all document packages aside but busy handling the roses.
Media would definitely be happy discussing the approach for days and in way discuss the issue as well.
Flowers do bring smile and a little bit of introspection to every one.
Lets do it big way.
Thanks
Lets do it! July 10th is the delivery date.
Some florists (FTD for example) do not deliver on Mondays (I guess they.. like Garfield.. HATE Mondays!).
We need the IV Core people to put links up on the main page... None of them seem to be awake right now!
For now... just spread the word... order your flowers.. and watch as USCIS's office turns into a beautiful garden on July 10th
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deafTunes123
09-03 01:47 PM
Did you change your mailing address after you submitted your I-485?
Some time they correspond to your old mailing address even though you updated the address with USCIS.
Did you check with your Attorney? Is the correspondence address given is your mailing address or Lawyers? Some times Lawyers give their address for correspondence to USCIS.
These factors count where the approved mail goes to. I am sure you might have checked these before. If you over-looked these, then these may be the areas that you have to check on.
My 2 cents.
Good Luck.
I did try to talk to customer care but it was of no help.
They tell me to wait for 30 days and sometime 60-90days.
They say you will become actual permanent resident when you get the card The card is important.
You now USCIS don�t know when they will change their minds.
To better be on safe side to get it stamped on my passport. I took info pass on 8-11-08 it will be almost 30 days,
let�s wait and see
approved on 8-12-08
NoWelcome notice Or Card
Some time they correspond to your old mailing address even though you updated the address with USCIS.
Did you check with your Attorney? Is the correspondence address given is your mailing address or Lawyers? Some times Lawyers give their address for correspondence to USCIS.
These factors count where the approved mail goes to. I am sure you might have checked these before. If you over-looked these, then these may be the areas that you have to check on.
My 2 cents.
Good Luck.
I did try to talk to customer care but it was of no help.
They tell me to wait for 30 days and sometime 60-90days.
They say you will become actual permanent resident when you get the card The card is important.
You now USCIS don�t know when they will change their minds.
To better be on safe side to get it stamped on my passport. I took info pass on 8-11-08 it will be almost 30 days,
let�s wait and see
approved on 8-12-08
NoWelcome notice Or Card
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bharol
08-21 03:23 PM
Last night got a message welcome notice sent.
Today message changed to ( the dates shows yesterday)
Current Status: Card production ordered.
On August 7, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
How long did it take for you to get the physical cards after 'card production..' mail?
Today message changed to ( the dates shows yesterday)
Current Status: Card production ordered.
On August 7, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
How long did it take for you to get the physical cards after 'card production..' mail?
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bijualex29
05-01 09:57 AM
I called there office but no clue what SKIL bill is about (Washington DC).
Can any one explain the source of this bill.
Can any one explain the source of this bill.
more...
simple1
05-04 11:24 PM
wow its pouring reds and uncivilised comments for pointing out this. Ok. well i am going to continue anyway!.
That is not me.
http://www.uscis.gov/propub/template.htm?view=document&doc_action=setDoc&doc_keytype=tocid&doc_key=2dae084742aac42ac9134cc4466287e7[/url]
(d) Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
same status = denied, paroled etc.
same order of consideration=Priority date which depends on petition for both primary and derivative.
I agree with the above two.
"respective subsection:" here means derivative�s corresponding/respective subsection (family) not primary's or petition's. It is the situation of individual that matters not primary or petition.
Take time to read (b) Preference Allocation for Employment-Based Immigrants.
You will find that the eligibility for EBvisa and quota usage are clearly documented. None other than the primary can use the quota. The ebdependent cannot get an ebvisa. so ebdependent cannot use ebquota.
That is not me.
http://www.uscis.gov/propub/template.htm?view=document&doc_action=setDoc&doc_keytype=tocid&doc_key=2dae084742aac42ac9134cc4466287e7[/url]
(d) Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
same status = denied, paroled etc.
same order of consideration=Priority date which depends on petition for both primary and derivative.
I agree with the above two.
"respective subsection:" here means derivative�s corresponding/respective subsection (family) not primary's or petition's. It is the situation of individual that matters not primary or petition.
Take time to read (b) Preference Allocation for Employment-Based Immigrants.
You will find that the eligibility for EBvisa and quota usage are clearly documented. None other than the primary can use the quota. The ebdependent cannot get an ebvisa. so ebdependent cannot use ebquota.
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psaxena
02-25 04:21 PM
Pappu,
Can you make it a sticky note so that the users in all the forums can see the donation stuff and also put on the procedure on how to donate.
FreeRiders,
Thats true there are a lot of free riders and unfortunately they actually make fun of the effort and at the same time jumps first to take the advantage.
Free riders if you are reading this and I know you are, please and please come out of your cheap mentality and donate. You know very well that saving 20$ will not help you build a TajMahal, but donating just 20$ or 50$ will make a huge difference to millions of people INCLUDING YOU AND YOUR FAMILY.
So don't be ashamed of yourself by not donating and donate generously.
Can you make it a sticky note so that the users in all the forums can see the donation stuff and also put on the procedure on how to donate.
FreeRiders,
Thats true there are a lot of free riders and unfortunately they actually make fun of the effort and at the same time jumps first to take the advantage.
Free riders if you are reading this and I know you are, please and please come out of your cheap mentality and donate. You know very well that saving 20$ will not help you build a TajMahal, but donating just 20$ or 50$ will make a huge difference to millions of people INCLUDING YOU AND YOUR FAMILY.
So don't be ashamed of yourself by not donating and donate generously.
more...
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BECsufferer
09-09 07:41 PM
EB3 Folks!
This is pathetic ... And it's time for most of you to seriously think about converting to EB2. Now I have no idea how difficult or immpossible this would be, as I had always been EB2, but their are several threads on this forum that can assist you. I strongly suggest you to seriously start researching your way out of this mess. I wan't expecting EB2 to stay beyond 05, but it is going to be like that for another month. Are all the 2004 EB2-I applicants exhausted? ... I don't know, but I know EB3 just keeps on retrogressing.
If this abyss continues, think about it ... you will always remain struck where you had been for past so many years. This is no life.
Ask yourselves ... how can I convert to EB2. Take control!
This is pathetic ... And it's time for most of you to seriously think about converting to EB2. Now I have no idea how difficult or immpossible this would be, as I had always been EB2, but their are several threads on this forum that can assist you. I strongly suggest you to seriously start researching your way out of this mess. I wan't expecting EB2 to stay beyond 05, but it is going to be like that for another month. Are all the 2004 EB2-I applicants exhausted? ... I don't know, but I know EB3 just keeps on retrogressing.
If this abyss continues, think about it ... you will always remain struck where you had been for past so many years. This is no life.
Ask yourselves ... how can I convert to EB2. Take control!
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ashatara78
05-01 03:21 PM
It is a good point that some people have brought up and I am sure IV core will evaluate it to see if it will help more people or less.
However.........
I strongly believe that family should be together. Whatever GC and other immigration issues we have, one should strive for keeping the family together at all times. Missing out on even a few years of togetherness with your spouse and kids is not worth it.
Even in the current system where dependents come under EB quota, I have known people where one spouse got the GC and the other one had to wait for many years because of a name check or something. But the current laws (EAD/AP etc) made sure that atleast the family was not broken up.
If we are looking for a change or correction of law, we need to make sure that the new law has NO kinks that hinder family staying together. If primary applicant gets a GC and the spouse is still waiting for 5 more years (it is possible), then the primary applicant can get citizenship and apply for a new GC for the secondary. Like I said - This situation is possible even in the current system.
As long as kinks are discussed with the lawyers and smoothened out to preserve family togetherness, it should be fine.
However.........
I strongly believe that family should be together. Whatever GC and other immigration issues we have, one should strive for keeping the family together at all times. Missing out on even a few years of togetherness with your spouse and kids is not worth it.
Even in the current system where dependents come under EB quota, I have known people where one spouse got the GC and the other one had to wait for many years because of a name check or something. But the current laws (EAD/AP etc) made sure that atleast the family was not broken up.
If we are looking for a change or correction of law, we need to make sure that the new law has NO kinks that hinder family staying together. If primary applicant gets a GC and the spouse is still waiting for 5 more years (it is possible), then the primary applicant can get citizenship and apply for a new GC for the secondary. Like I said - This situation is possible even in the current system.
As long as kinks are discussed with the lawyers and smoothened out to preserve family togetherness, it should be fine.
more...
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GC_Green9
07-20 06:44 AM
I am In. I pledge $100 for this thread
-----------------------------
Contributed $400
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Contributed $400
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trueguy
07-27 07:34 PM
Its unfortunate that you ask us to UNITE and use 'EB2 elitist protectionism' in the same breath. I am not even going down the road of EB3 'smarter' than EB2 because a reverse argument is equally valid if not more. The law as stated above is what it is - there is a clear categorizaton established by law. If there is a level of frustration with it then a campaign to change it makes sense. However any proposed changes that arbitrarily assigns visa numbers just because 'my HR filed it the way it got filed' then you need to check with your HR and port over to EB2 - if you think your private US degree qualifies you for it. The position determines EB2 or EB3 and I'll leave it at that.
I have no problems in people expressing their opinion in an open forum and lobbying for change. The devil is in the detail. If the change means taking the EB2 excess visas to give to EB3 purely based on length of wait then I have every right to present another point of view - elitist protectionism or not.
I have only seen implications to this effect but nobody has come forward and said it plainly - yes we are EB3 and we want the EB2 excess visas because we have waited seven years. Everybody seems to imply it but nobody wants to call it as plainly as I stated it above. I am only presenting a counter to that.
Seems like You are not waiting for GC for more than 8 years. You have not been separated from ur family for more than 3 years. Thats why you don't agree with EB3-I fight. Look at the PD for last 3 years. EB3-I is stuck in 2001 since early 2005. It has not moved in last 3 years and you are saying People should keep quiet about it. How selfish of you.
I have no problems in people expressing their opinion in an open forum and lobbying for change. The devil is in the detail. If the change means taking the EB2 excess visas to give to EB3 purely based on length of wait then I have every right to present another point of view - elitist protectionism or not.
I have only seen implications to this effect but nobody has come forward and said it plainly - yes we are EB3 and we want the EB2 excess visas because we have waited seven years. Everybody seems to imply it but nobody wants to call it as plainly as I stated it above. I am only presenting a counter to that.
Seems like You are not waiting for GC for more than 8 years. You have not been separated from ur family for more than 3 years. Thats why you don't agree with EB3-I fight. Look at the PD for last 3 years. EB3-I is stuck in 2001 since early 2005. It has not moved in last 3 years and you are saying People should keep quiet about it. How selfish of you.
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mkiv
12-11 07:48 PM
How do I start a new Thread?
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09-29 09:19 PM
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fittan
09-20 10:46 AM
Hi all,
My wife and I just got receipts for our I-485, I-140, AP and EAD. The "received date" is July 7 and the "Notice Date" is September 13. I also confirmed that the checks were cashed.
I remember my attorney saying that the applications were filed at NSC but somehow my receipts came from VSC. And this morning I receive an update that my I-485 has been transferred to TSC! Here is the detail:
"On September 20, 2007, we transferred this I485 APPLICATION TO REGISTER
PERMANENT RESIDENCE OR TO ADJUST STATUS to our TEXAS SERVICE CENTER location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer".
My wife and I just got receipts for our I-485, I-140, AP and EAD. The "received date" is July 7 and the "Notice Date" is September 13. I also confirmed that the checks were cashed.
I remember my attorney saying that the applications were filed at NSC but somehow my receipts came from VSC. And this morning I receive an update that my I-485 has been transferred to TSC! Here is the detail:
"On September 20, 2007, we transferred this I485 APPLICATION TO REGISTER
PERMANENT RESIDENCE OR TO ADJUST STATUS to our TEXAS SERVICE CENTER location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer".
GKBest
10-18 12:44 PM
I guess USCIS has finally came up with the correct receipting procedure. As projected, every July-August 17 filers should be in the system by the end of the month.
Just hold on. Life is full of surprises.
Hope everyone will get their GCs soon (just a wishful thinking).
Just hold on. Life is full of surprises.
Hope everyone will get their GCs soon (just a wishful thinking).
lutherpraveen
10-13 09:42 AM
I did not call them to get the RNs but I got the I-485 checks cashed for my wife and me.
The checks for I-485 for my daughter and the checks for AP and EAD were not cashed though.
But again, looks like, July 3rd 9:03 received by R. Williams, is no more a MIA case.
By the way the receipt date is marked as Oct 10th. Service center is NSC.
I am july 3rd filer and Just got the receipt numbers..Looks like our box is not lost and interestingly my numbers start with LIN even though my 140 processed from SRC.
The checks for I-485 for my daughter and the checks for AP and EAD were not cashed though.
But again, looks like, July 3rd 9:03 received by R. Williams, is no more a MIA case.
By the way the receipt date is marked as Oct 10th. Service center is NSC.
I am july 3rd filer and Just got the receipt numbers..Looks like our box is not lost and interestingly my numbers start with LIN even though my 140 processed from SRC.
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