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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camarasa
07-09 01:45 PM
Buddy,
Why you are so angry??. I know more than you about immigration and all the rules. you try to understand the English properly and the meaning. I hope you are from a very remote place in India. So for you to understand better, Here is the meanign fo my message.
GUYS, YOUR PRIORITY DATE IS 2006 and why you are asking for the premium processing when many of your friends are still waiting to file their I 140 or I 485.
Don't try to put harsh words in public forums. You will get them back as a Boomerang...... Understand?:mad:
Dude - that doesn't make any sense. Just because there are people who have been waiting since 1998 (for whatever reason) doesn't mean that others should make their process as slow as possible so they can also wait 9 years with their "friends". Why would anyone want to do that?
Why you are so angry??. I know more than you about immigration and all the rules. you try to understand the English properly and the meaning. I hope you are from a very remote place in India. So for you to understand better, Here is the meanign fo my message.
GUYS, YOUR PRIORITY DATE IS 2006 and why you are asking for the premium processing when many of your friends are still waiting to file their I 140 or I 485.
Don't try to put harsh words in public forums. You will get them back as a Boomerang...... Understand?:mad:
Dude - that doesn't make any sense. Just because there are people who have been waiting since 1998 (for whatever reason) doesn't mean that others should make their process as slow as possible so they can also wait 9 years with their "friends". Why would anyone want to do that?
webpromo
03-27 12:36 PM
this is not a game , this happened really to me .I am Indian .They did not gave my passport back . They took my passport and send me to Bangalore Airport back .I know they don't have any right to hold any one's property that too a country citizenship passport.I am looking for an answer and advice , not question for a question
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Desi Unlucky
07-27 08:51 PM
I 140 and 485 filed concurrently.
Let's say I 140 is approved after 200 (greater than 180) days, If employer revokes I 140 after 230 days (let's say he is pissed off that i left the company using Ac 21 portability)
will it create any issue for my GC ?
Let's say I 140 is approved after 200 (greater than 180) days, If employer revokes I 140 after 230 days (let's say he is pissed off that i left the company using Ac 21 portability)
will it create any issue for my GC ?
chrisj
01-18 02:09 PM
All the written agreements are valid in most of the states. but you can argue on the terms of agreement. He cannot ask her to stay in the company for 4 years. If she works in that company for 1 year, her employer should recover all the money he spent on her.
The best way is to work there for 1 or 2 years and walk out without paying anything. Or just pay the filing fee and get out right away.
The best way is to work there for 1 or 2 years and walk out without paying anything. Or just pay the filing fee and get out right away.
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mrdelhiite
08-08 09:10 AM
roseball, agree. got same resp from my attorney while filing AOS for my wife
1) employment letter ( just sent original & copies too )
2) I-134 ( convinced that they will need this even for H4 dependent )
3) did not ask for W2's or pay stubs
4) of course original medicals in closed envelope
5) all previous H4 approvals + I94's and color photocopy of entire passport
6) photos and required cheque's
hope mrdelhiite is all set ?
Yup Senthil Thanks a lot for your reply.
-M:D
1) employment letter ( just sent original & copies too )
2) I-134 ( convinced that they will need this even for H4 dependent )
3) did not ask for W2's or pay stubs
4) of course original medicals in closed envelope
5) all previous H4 approvals + I94's and color photocopy of entire passport
6) photos and required cheque's
hope mrdelhiite is all set ?
Yup Senthil Thanks a lot for your reply.
-M:D
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hoolahoous
03-18 10:51 AM
i am switching job using ac21. my current employer trusts immigration attorneys. and as expected attorneys suggested (since they get paid) that company should withdraws both H1 and I-140 after I leave. I know I am safe, however USCIS will definitly send me an RFE at time of processing my application and I will have to answer that. So I am trying to put my side to them saying that if it is optional, they should not.
So my question is, does the Law say that an employer has to withdraw all (or some) immigration petitions after employee leaves ? I was trying to search but I couldn't find anywhere where it said that it is mandated.
Also as far I could tell from forum posts, there is no set form which needs to be filled by employeers to withdraw the application. That would seem to suggest that it is not mandated.
On flip side, if it is mandated, then why most of the employers do not withdraw the application ?
So my question is, does the Law say that an employer has to withdraw all (or some) immigration petitions after employee leaves ? I was trying to search but I couldn't find anywhere where it said that it is mandated.
Also as far I could tell from forum posts, there is no set form which needs to be filled by employeers to withdraw the application. That would seem to suggest that it is not mandated.
On flip side, if it is mandated, then why most of the employers do not withdraw the application ?
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02-04 11:21 AM
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rsrikant
08-09 08:59 AM
i filed my 140 on july 12th. Received receipt notice from TSC on jul 23rd.
My attorney filed for 485 on aug 2nd. But he filed with old fee and old 485 forms. He says i fall under july visa bulletin, so i can file with older fee.
Is he correct? Will there be no problem with my application?
My attorney filed for 485 on aug 2nd. But he filed with old fee and old 485 forms. He says i fall under july visa bulletin, so i can file with older fee.
Is he correct? Will there be no problem with my application?
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53885
05-12 11:38 AM
I didnt contact senators from AILA.
I sent to media organizations from - http://capwiz.com/aila2/dbq/media/ in northern/souther california and Arizona. May send to other states today.
How do you contact so many senators. It asked my my address and sent the email only to my state's senators.
I sent to media organizations from - http://capwiz.com/aila2/dbq/media/ in northern/souther california and Arizona. May send to other states today.
How do you contact so many senators. It asked my my address and sent the email only to my state's senators.
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lazycis
12-25 09:12 PM
Hello lazycis,
I have a quick question. Many of our PD were current in July 2007. If our names are stuck in FBI name check for 2 yrs, can we file for WoM? Please advise. Many of us are under the impression that the our PD dates have to be current at the time of WoM and our namecheck should be stuck at FBI atleast for 1 year during which the PD date is current. In other words, the PD date should be current over a period of 12 months at the time of filing WoM.
Q 2. Is there any limit countrywise, for issuing GC?
Thanks in advance.
If you are stuck in name check over a year and PD was current, you can file WOM. Add the Secretary of State (Rice) as a defendant. Check this order where the court ordered the government to issue visa numbers (!) to long-delayed AOS applicants.
http://immigrationportal.com/showpost.php?p=1838094&postcount=14850
Q2. Yes, see 8 USC 1151, 8 USC 1153. Check this thread for details.
http://immigrationvoice.org/forum/showthread.php?t=16266
I have a quick question. Many of our PD were current in July 2007. If our names are stuck in FBI name check for 2 yrs, can we file for WoM? Please advise. Many of us are under the impression that the our PD dates have to be current at the time of WoM and our namecheck should be stuck at FBI atleast for 1 year during which the PD date is current. In other words, the PD date should be current over a period of 12 months at the time of filing WoM.
Q 2. Is there any limit countrywise, for issuing GC?
Thanks in advance.
If you are stuck in name check over a year and PD was current, you can file WOM. Add the Secretary of State (Rice) as a defendant. Check this order where the court ordered the government to issue visa numbers (!) to long-delayed AOS applicants.
http://immigrationportal.com/showpost.php?p=1838094&postcount=14850
Q2. Yes, see 8 USC 1151, 8 USC 1153. Check this thread for details.
http://immigrationvoice.org/forum/showthread.php?t=16266
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MahaBharatGC
10-13 01:39 PM
Well you are correct I am trying to draw attention because as a saying "you will only know the pain when you walk the line". My company attorneys delayed the filings. I am not blaming anyone but myself. However, the fact of the matter is to find out a way to address this issue which is going to help everyone else. I do not knonw how long my particular case might take but since I am in the process I understood the issue.
First, when you apply in advance, yeah the possibility of approval before existing application expiration is very high. But you will end up loosing the EAD period from the date of approval to the date of last expiration. This is a loss for us.
Second, a renewal should only take less time as it takes for Drivers license. It is not AP where they have to validate your last entry etc etc.
EAD renewal adjudication should be separate from rest of all application processing and should shrink the timline.
Imagine my case. My wife was searching for jobs since her first EAD and now she got one but lack of EAD is going to cause her to loose it.....
First, when you apply in advance, yeah the possibility of approval before existing application expiration is very high. But you will end up loosing the EAD period from the date of approval to the date of last expiration. This is a loss for us.
Second, a renewal should only take less time as it takes for Drivers license. It is not AP where they have to validate your last entry etc etc.
EAD renewal adjudication should be separate from rest of all application processing and should shrink the timline.
Imagine my case. My wife was searching for jobs since her first EAD and now she got one but lack of EAD is going to cause her to loose it.....
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Harivinder
06-13 04:19 PM
Thanks For the information. I have made all the calls and I am trying to convince my friends to do the same.
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chanduv23
12-11 10:57 AM
Country EB1 EB2 EB3
S Korea 1,923 7,125 4,727
Philippines 310 2,057 5,625
UK 3,472 2,043 909
Canada 2,368 3,404 1,207
Mexico 1,457 1,348 4,021
Now the question is why is there no 7% quota for South Korea ?
Korea could have been benefited from spillover or they act on Korea only after they find that Korea has indeed used more than 7% - till now it has been only I/C/P/M and they did not pay attention to Korea - now Koorea may be added to this list
S Korea 1,923 7,125 4,727
Philippines 310 2,057 5,625
UK 3,472 2,043 909
Canada 2,368 3,404 1,207
Mexico 1,457 1,348 4,021
Now the question is why is there no 7% quota for South Korea ?
Korea could have been benefited from spillover or they act on Korea only after they find that Korea has indeed used more than 7% - till now it has been only I/C/P/M and they did not pay attention to Korea - now Koorea may be added to this list
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bestia
08-03 08:15 PM
How tempting to change few words, add few dates, add few signatures, etc.. so the case looks better.. and then all of a sudden we hear messages like "Please help!!! my H1/LC/485 denied, back in 2004/2001/1997 we applied and did or didn't... please help!!!"
Be firm in your documents. If you don't like your documents, so be it. Send USCIS whatever you have, but the truth. In worst case scenario you will get RFEs, so what? Respond that this is what you have. Don't be creative, just use what you have. When I was in embassy I took only what was necessary and for any request to any other document I answered "I don't have it". Officer was pissed, but he approved - he had no reason to deny.
For the same reasons my lawyer insisted on EB3 for me, although I could go for EB2, but I knew, that I will have problems getting good letters from my previous employer.
Be firm in your documents. If you don't like your documents, so be it. Send USCIS whatever you have, but the truth. In worst case scenario you will get RFEs, so what? Respond that this is what you have. Don't be creative, just use what you have. When I was in embassy I took only what was necessary and for any request to any other document I answered "I don't have it". Officer was pissed, but he approved - he had no reason to deny.
For the same reasons my lawyer insisted on EB3 for me, although I could go for EB2, but I knew, that I will have problems getting good letters from my previous employer.
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permfiling
12-15 02:19 PM
I am the same boat. My wife got her card wheras I got a response to the SR we raised that my card was sent the same day as my 485 approval notice and it might been lost in mail. I was asked to file I-90. I called customer service several times and talked to 2nd level IO and all suggested to file I-90. I took infopass but gave a shot again by talking to 2nd level IO who went over my case and said that my card was never created so she raised a SR.
My previous SR was raised by officer at the local uscis office who mentioned non delivery of PR cards which i don't think is the correct request. Now I have to pray and hope they create the card or have to file I-90
My previous SR was raised by officer at the local uscis office who mentioned non delivery of PR cards which i don't think is the correct request. Now I have to pray and hope they create the card or have to file I-90
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srikondoji
01-25 06:53 PM
When decision making people or people at the top talk, then i believe there is a sense of realization about us.
Atleast this should provide an easy opening of our case with top leaders.
I am not saying that is it, they are dispatching GCs through Fed-Ex?
If they did, i would be really surprised.
Atleast this should provide an easy opening of our case with top leaders.
I am not saying that is it, they are dispatching GCs through Fed-Ex?
If they did, i would be really surprised.
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number30
03-28 04:14 PM
Where did you send it? Tax returns with ITIN Requests will go to different address.
kaisersose
06-02 04:05 PM
can i get a h1 done from a desi employer just to protect the h4 status and join the other company thats offering me a job with my ead.
the h1 from the desi employer will not be having pay stubs but thats only to get h1 status.
For you or for her? Getting a H is not easy (you will have to wait till Oct 2009) and maintaining a H without paystubs is not legal either. Should be far more easier & quicker for her to get a F visa.
In general, avoid getting into risk situations that you cannot get out of. In the long run, being safe with immigration matters and resisting the temptation to make a few extra bucks will be more beneficial.
the h1 from the desi employer will not be having pay stubs but thats only to get h1 status.
For you or for her? Getting a H is not easy (you will have to wait till Oct 2009) and maintaining a H without paystubs is not legal either. Should be far more easier & quicker for her to get a F visa.
In general, avoid getting into risk situations that you cannot get out of. In the long run, being safe with immigration matters and resisting the temptation to make a few extra bucks will be more beneficial.
blizkreeg
01-26 01:03 PM
I don't dislike people from Andhra. I have close friends from Hyderabad.
I dislike irrelevant discussions that are motivated by race, region, or people of a certain kind. We don't need that here. It feels like housewives gossiping about useless topics.
I dislike irrelevant discussions that are motivated by race, region, or people of a certain kind. We don't need that here. It feels like housewives gossiping about useless topics.
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