dilbert_cal
04-25 12:04 AM
WillGetGC2005 - here is my understanding of your case :-
You have PD of 2002. You filed 140 and it is already approved. Your 485 is also filed and its more than 2 years on it.
If the above is correct, you do not need to do PD transfer or start any new labor process either.
What you need to do is use AC21. When you change employers, make sure that the new employer/lawyer sends a note that you are using AC-21 to transfer your job and your new job is same as your old job. Your GC process will continue normally after that using the 485 you have filed.
The rule is if you have an approved I140 and your 485 is pending for more than six months, you can transfer employers using AC21. Your previous employer CANNOT revoke your I-140.
This is my understanding. If you have a new employer and have a job offer , just have a talk with the lawyer and things will clear up.
You have PD of 2002. You filed 140 and it is already approved. Your 485 is also filed and its more than 2 years on it.
If the above is correct, you do not need to do PD transfer or start any new labor process either.
What you need to do is use AC21. When you change employers, make sure that the new employer/lawyer sends a note that you are using AC-21 to transfer your job and your new job is same as your old job. Your GC process will continue normally after that using the 485 you have filed.
The rule is if you have an approved I140 and your 485 is pending for more than six months, you can transfer employers using AC21. Your previous employer CANNOT revoke your I-140.
This is my understanding. If you have a new employer and have a job offer , just have a talk with the lawyer and things will clear up.
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meridiani.planum
04-21 01:12 AM
But will the remaining time not depend on H1 period left. Example, if first 3 years of H1 used followed by 1 year EAD use then one would still get additional 3 years for H1 without being counted against the cap. But you would still have to do consular notification instead of change of status as there is no status to change once you use EAD.
thats my understanding also. he will get 3 more years (the 1 year on EAD does not count against the H1 limit). he wont be counted against the cap. He will most likely need to leave and re-enter the US (consular notification to get a new H1 stamp) to 'activate' the H1.
thats my understanding also. he will get 3 more years (the 1 year on EAD does not count against the H1 limit). he wont be counted against the cap. He will most likely need to leave and re-enter the US (consular notification to get a new H1 stamp) to 'activate' the H1.
NikNikon
July 9th, 2004, 07:11 AM
Actually Steve I've been doing some reading and research but I've always been some what of a "show me don't tell me" type person. At the present I only own the Kit lens that came with the D70 (AF-S DX Zoom-Nikkor 18-70mm f/3.5-4.5G IF-ED). So you have me at a disadvantage when you speak of limitations of a lens that goes to 5.6 on the long end. Basically I'm looking for a affordable zoom for landscape, concert and sport photography. I've read several favorable user reviews but then not knowing the source of these reviews you don't know if they also gave four and a half stars to a coke bottle. Reading through posts here on the forum I can tell who are the professional photographers by their equipment knowledge. So saying that there are opinions I would find more valuable than others. In a nutshell I have found the lens in question on Ebay at a current bid of 250 dollars. If I am correct this is half of what it lists for. I'd just like to know if it would be a good buy/good lens for a aspiring photographer to begin expanding his lens arsenal with.
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Ramba
03-24 09:27 PM
Our demand should be reasonable.. The law makers knows what kind of people they want. One may have MBA or MA, and they may feel their degree is valuable to America. However it is up to the lawmakers to decide what they want.
One guy was asking whether social science considered as science as it is having science. I am not undermining any degree or any branch. We have to appricate atleast they are excempting STEM from numarical count.
As knnmbd said, the period of IT is over. Manufacturing has gone to China. IT has gone to India. What america need at this moment is innovation, research, new technology, alternate energy to overcome growing energy crisis, environmental care health care, nanotechnology, any advanced research to keep america in leading edge. Thats why lawmakers are talking about STEM.
One guy was asking whether social science considered as science as it is having science. I am not undermining any degree or any branch. We have to appricate atleast they are excempting STEM from numarical count.
As knnmbd said, the period of IT is over. Manufacturing has gone to China. IT has gone to India. What america need at this moment is innovation, research, new technology, alternate energy to overcome growing energy crisis, environmental care health care, nanotechnology, any advanced research to keep america in leading edge. Thats why lawmakers are talking about STEM.
more...
Raj_2009
08-18 09:16 PM
Hi Experts,
I E-Filed the EAD renewal on July 2nd. I sent all the required supporting documents properly. Also, completed the ASC - Finger print on Aug 5th. Meanwhile, on Aug 3rd, I got an RFE for the three missing documents.
They are ,
1. Photos
2. Application form not signed
3. Identity documents.
I do see that lot of RFEs are trigggered for photos and identity documents for e-filing.
But the main confusion pont here is that "Signature missing in the application form". I am not sure whether they checked if it is E-filed or not. Also, the have mentioned in the RFE letter that "Pl. ensure that you sign and return the enclosed photocopy of your application" for point 2. Funny part is, I only got the RFE letter and the GOLD paper(cover letter). Thats all. No other documents enclosed. I am totally confused at this point whereas photos and identity docs RFE are generally seen in the forum.
1. Please advice me if I have to fill in a new application with signature and send it.
2. Please suggest me if I have to write a cover letter with all the details to explain to the USCIS officer along with filled-in application.
3. Am i eligible for the Interim EAD Card after 90 days starting from July 2nd? I do see in few threads that I may not get the Interim EAD card after 90 days period as the 90 days clock will be reset when the officer resumes my application after receiving my RFE docs.
I am totally confused and job is at stake.
Eagerly waiting for your expert guidelines.
Thanks,
Raj
I E-Filed the EAD renewal on July 2nd. I sent all the required supporting documents properly. Also, completed the ASC - Finger print on Aug 5th. Meanwhile, on Aug 3rd, I got an RFE for the three missing documents.
They are ,
1. Photos
2. Application form not signed
3. Identity documents.
I do see that lot of RFEs are trigggered for photos and identity documents for e-filing.
But the main confusion pont here is that "Signature missing in the application form". I am not sure whether they checked if it is E-filed or not. Also, the have mentioned in the RFE letter that "Pl. ensure that you sign and return the enclosed photocopy of your application" for point 2. Funny part is, I only got the RFE letter and the GOLD paper(cover letter). Thats all. No other documents enclosed. I am totally confused at this point whereas photos and identity docs RFE are generally seen in the forum.
1. Please advice me if I have to fill in a new application with signature and send it.
2. Please suggest me if I have to write a cover letter with all the details to explain to the USCIS officer along with filled-in application.
3. Am i eligible for the Interim EAD Card after 90 days starting from July 2nd? I do see in few threads that I may not get the Interim EAD card after 90 days period as the 90 days clock will be reset when the officer resumes my application after receiving my RFE docs.
I am totally confused and job is at stake.
Eagerly waiting for your expert guidelines.
Thanks,
Raj
yestogc
03-04 10:21 PM
I am apologetic if my message sent any wrong signals anywhere.
But Sledge Hammer........... plz mind the words that you write we are all civilized people and need to behave live one.
But Sledge Hammer........... plz mind the words that you write we are all civilized people and need to behave live one.
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Sachin_Stock
09-21 01:58 PM
New 485 is not recommended as you have to undergo all the hassles of fingerprinting, medical, background blah blah blah....Specially if your Eb-2 date is current and your case already being pre-adjudicated, interfiling is very much a common sense.
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pmamp
02-27 07:42 PM
I have found some useful information as I was looking for solutions. I believe, if she does not leave US, she could stay on F1.
Please correct me if I am wrong.
http://www.hooyou.com/f-1/140filing.htm
Please correct me if I am wrong.
http://www.hooyou.com/f-1/140filing.htm
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kevinkris
05-19 06:04 PM
Hi kumhyd2,
I am in same boat. What i am thinking is, just work for that employer
for say 1 year or so and then invoke AC21. Then you should have any issues.
My 2 cents.
Thanks,
kris
I 140 : approved last month
I 485 : July 07 filer passed 180 days
GC Process : Substition Labor / Future employment
The future employer is threatening to withdraw the I 140 if I dont comply with his financial terms.
I heard that if I 140 is approved and 485 is pending for 180 days, even if the employer withdraws I140 , there isn't much we need to worry. Is this true. currently on h1 which is expiring next month 6th. To convert to EAD do I need to do anything specific and send an update to USCIS?
I am in same boat. What i am thinking is, just work for that employer
for say 1 year or so and then invoke AC21. Then you should have any issues.
My 2 cents.
Thanks,
kris
I 140 : approved last month
I 485 : July 07 filer passed 180 days
GC Process : Substition Labor / Future employment
The future employer is threatening to withdraw the I 140 if I dont comply with his financial terms.
I heard that if I 140 is approved and 485 is pending for 180 days, even if the employer withdraws I140 , there isn't much we need to worry. Is this true. currently on h1 which is expiring next month 6th. To convert to EAD do I need to do anything specific and send an update to USCIS?
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rkumar28
10-22 10:32 AM
The problem might occur when you file for citizenship, you have to justify why you dint work after getting the GC. However it is not written in stone that if you dont work for your petitioning company the officer will deny your citizenship or revoke your GC. They will look at the totality of the circumstances, since you worked for the petitioner for some time, they may not make a determination that the job offer was speculative, you have to show that you had every intention of working for them and the company had every intention of hiring you, maybe they can give a letter stating that they continue to market you and will re-hire as soon as the economy imporves. If your company finds a project for you, you should continue to work for them. Or you could have done AC-21 after the I-140 was approved and before the I-485 was approved.
Hi Prashanthi/Attorneys/Experts,
I have a little different situation. I got my GC approved in July 2010 and I am still working for the GC sponsoring company. Now, I am on bench and am waiting for projects. Would it cause any issues at the time of citizenship, if I leave my GC sponsoring company after working around 3 months(after GC approval) and take a fulltime permanent opportunity.
Your advice is helpful.
Hi Prashanthi/Attorneys/Experts,
I have a little different situation. I got my GC approved in July 2010 and I am still working for the GC sponsoring company. Now, I am on bench and am waiting for projects. Would it cause any issues at the time of citizenship, if I leave my GC sponsoring company after working around 3 months(after GC approval) and take a fulltime permanent opportunity.
Your advice is helpful.
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Bolt
03-26 05:55 PM
Even I am in the current situation. Please call me 6166342617 so we can discuss or email
anand622@yahoo.com i have spoken to a couple lawyers so we can exchange options
Hi anand, am also in the same situation. please contact me at 914-488-6104 or email : mohan.amili@gmail.com
i deeply appreciate your help.
anand622@yahoo.com i have spoken to a couple lawyers so we can exchange options
Hi anand, am also in the same situation. please contact me at 914-488-6104 or email : mohan.amili@gmail.com
i deeply appreciate your help.
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sprash
02-04 04:52 PM
I was in a similar situation and included 2 prepaid overnight envelopes (which btw, they have mentioned in their instructions). They probably tossed them in the bin and chose to send them by untrackable usps mail which took over a week to arrive. Very very aggravating! :mad:
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GC_Wait2002
07-13 01:04 PM
Please post your valuble suggestions and experiences if any one had come across a situation like this
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sharma258
02-10 03:44 PM
Hi Guys,
please let me know how long we need to stay with sponsoring employer after getting GC.
Thanks
please let me know how long we need to stay with sponsoring employer after getting GC.
Thanks
more...
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willwin
05-14 12:43 PM
Now you dont have even option to get EAD so I would say stick with CP.
Thanks for your reply. I fully understand how CP and 485 route works and differs. All that I am asking is now that we know EB3 I is going to take 3-4 years to move past a year worth of filing, can we do something to CP filers?
Or, are CP filers (who are already working in the US) such a minority that they can be ignored?
Thanks for your reply. I fully understand how CP and 485 route works and differs. All that I am asking is now that we know EB3 I is going to take 3-4 years to move past a year worth of filing, can we do something to CP filers?
Or, are CP filers (who are already working in the US) such a minority that they can be ignored?
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roseball
10-26 04:01 PM
DREAM act just got shot in the heart but it's still alive. On September 22, 2010, Richard Durbin introduced the bill once again along with Richard Lugar.
I don't know what you mean by starting the GC process, you mean file I485?
As far as I know, your only options to get GC are:
-- DREAM ACT (which is not something you can control)
-- Marry a US Citizen (which obviously is something you can consider)
In the meantime, whatever you do, do not go out of the country.
I don't know what you mean by starting the GC process, you mean file I485?
As far as I know, your only options to get GC are:
-- DREAM ACT (which is not something you can control)
-- Marry a US Citizen (which obviously is something you can consider)
In the meantime, whatever you do, do not go out of the country.
more...
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jonty_11
12-13 11:05 AM
How can a illegal obtain a paycheck without using a stolen SSN, so there is no way CIR can pass in its current state which allows for a guest worker program. This would mean that any illegal who has stolen a SSN would not be eligible for Guest Worker program - which would be over 90% of illegals.
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div_bell_2003
12-19 05:01 PM
It does not look like your future green card processing will be affected by any way due to your one year absence, but you might wanna clarify with your attorney about the status of your H1 though. You didn't mention anything on this, but I'm guessing you'll be coming back to the same employer in 2010, just check with them if your one year not being in US payroll would result in revocation of your H1B and they have to apply for a fresh one once you come back.
From the GC front, you don't have anything to worry as far as my knowledge goes.
I am on H1 for the last 3 years. Got my H1 renewed for 3 years last month. Now i have to go back to India for one year (2009) and come back at 2010. I will not be in a payroll for 2009. When i come back to US at 2010, i am planning to start my Green Card processing. I want to know if my one year stay in India will affect my Green Card processing in any way?
Thanks a lot.
From the GC front, you don't have anything to worry as far as my knowledge goes.
I am on H1 for the last 3 years. Got my H1 renewed for 3 years last month. Now i have to go back to India for one year (2009) and come back at 2010. I will not be in a payroll for 2009. When i come back to US at 2010, i am planning to start my Green Card processing. I want to know if my one year stay in India will affect my Green Card processing in any way?
Thanks a lot.
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gotgc?
11-19 12:42 PM
along with my above post, we applied for H1B/H4 renewal yesterday even though she is working on her EAD now.
MYGCBY2010
10-03 11:16 AM
USCIS addresses RFE's to attorney who represents you, you will not get the RFE. Even if you call USCIS, they will not provide you with clear details.
Try calling them to know about your RFE; you might get lucky!
I did call them... They didn't provide me the details of the Additional evidence and asked me to wait for the Notice.. Also they said they will be sending it to my address.. I was under the impression that they will be sending it to my lawyer.
Try calling them to know about your RFE; you might get lucky!
I did call them... They didn't provide me the details of the Additional evidence and asked me to wait for the Notice.. Also they said they will be sending it to my address.. I was under the impression that they will be sending it to my lawyer.
tom123
10-08 02:56 PM
Hi,
Active trader / Passive Trader hmm !!! interesting.
1) if you have money and time u can do as many trades as u like ( no restrictions ) even u can execute a trade every minute ( provided ur employer won't mind )
2) Taxes has to be reported only on closing of position ( either in capital gain / loss ) as said by others
FYI: for tax terms refer captial gains tax details ( as of now more than 1 year holding 15%, less than a year is > 15% etc., )
Hope you make some money.
Active trader / Passive Trader hmm !!! interesting.
1) if you have money and time u can do as many trades as u like ( no restrictions ) even u can execute a trade every minute ( provided ur employer won't mind )
2) Taxes has to be reported only on closing of position ( either in capital gain / loss ) as said by others
FYI: for tax terms refer captial gains tax details ( as of now more than 1 year holding 15%, less than a year is > 15% etc., )
Hope you make some money.
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