ksg09
11-11 12:11 PM
Hi, I have got my GC couple of months back, planning to start a restaurant business and want to leave my current employer who sponsored my Green Card. Is it fine to leave my employer and start a business? Does it creates any problem in future when I apply for citizenship as Im into different field.
Please do advice accordingly as I need to take decision based on that.
Thanks in advance
Please do advice accordingly as I need to take decision based on that.
Thanks in advance
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Desertfox
08-14 12:45 PM
I gave you a green..:)
abhijitp
01-25 07:14 PM
Thanks for your suggestions, I am sure IV-Core will note them.
Did you send out letters to the WH + IV?
The recapturing of numbers does not need legislation, it can be done by administrative intervention.
PLEASE SEND YOUR LETTERS!
Thanks!
Did you send out letters to the WH + IV?
The recapturing of numbers does not need legislation, it can be done by administrative intervention.
PLEASE SEND YOUR LETTERS!
Thanks!
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Vic
10-11 12:42 PM
Labor was filed in June 2006. The date on my degree certificate is later than that. The hope is that the person who reads the response to the RFE considers completion date instead of date of receiving the degree (official graduation date).
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add78
03-12 10:48 AM
Sandeep is a batch mate.. Yeaaa Sandeep !!
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I personally know Sandeep from his BE/Work days.
Good job.. Yeah!
longq
03-29 11:09 PM
Your lawyer is right. People are taking advantage of portabilty of PD in multiple 140s. However, they are forgetting fundamental of 140 sponsership. Your employer already filed a 140 for a higher level position (EB2) and now requesting again USCIS to approve a 140 for a lower level position (EB3) for same employee with in a months. How will you justify? Howmany job offer your employer can give you? Is there any logic involved, for a person already given a higher level position, to take a lower level position. In the eyes of USCIS, it will defintly looks like your employer is doing fraud and there is no genuine job offer to you. If it is otherway, it may not look bad. If your first I-140 was EB3 and second one is EB2, then there may be a logic.
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veni001
12-28 11:07 AM
To get H-1 extension you need to have one of the following
Approved PERM labor (not expired)
PERM labor pending for 365 days or more
Pending I-140 or
Approved & "Valid" I-140
If you can not produce any of the above then "no" H1 extension beyond 6th year.
On the other hand once AOS is filed and 180 days passed, if you change your employer( assuming same or similar job), AC21 will protect that pending I485 even if approved I-140(assuming approved before move) is revoked by the original employer.
Background OF Myself
----------------------
a) Worked for Company A from 2003 to 2008.
b) Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it
c)September 2008 I have Joined employer �B� by transferring H1B (Valid until Aug 2010).
d) Employer A revoked 140 which triggered 485 denial in October 2008.
e)Applied MTR and it was approved in NOVEMBER 2008 and 485 reopened.
f)Applied AP & EAD renewal ,got a EAD card September 2010
g) Since EAD extension got delayed I have applied H1-B Renewal August 1st week of 2010 and got a RFE now asking for proof how beneficiary qualify to extend beyond six years?
Question
I think the I140 revoked and 485 denial back in 2008 triggered the RFE. (Though MTR approved and 485 is pending)
1)I have EAD approved and it�s valid until 2012 September .Is it possible can we withdraw HI-B Petition application when they request RFE?
2)Can I have any chance of explain USCIS, by this rule below?
��USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:
"If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c) ��
Thanks
KPR
Approved PERM labor (not expired)
PERM labor pending for 365 days or more
Pending I-140 or
Approved & "Valid" I-140
If you can not produce any of the above then "no" H1 extension beyond 6th year.
On the other hand once AOS is filed and 180 days passed, if you change your employer( assuming same or similar job), AC21 will protect that pending I485 even if approved I-140(assuming approved before move) is revoked by the original employer.
Background OF Myself
----------------------
a) Worked for Company A from 2003 to 2008.
b) Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it
c)September 2008 I have Joined employer �B� by transferring H1B (Valid until Aug 2010).
d) Employer A revoked 140 which triggered 485 denial in October 2008.
e)Applied MTR and it was approved in NOVEMBER 2008 and 485 reopened.
f)Applied AP & EAD renewal ,got a EAD card September 2010
g) Since EAD extension got delayed I have applied H1-B Renewal August 1st week of 2010 and got a RFE now asking for proof how beneficiary qualify to extend beyond six years?
Question
I think the I140 revoked and 485 denial back in 2008 triggered the RFE. (Though MTR approved and 485 is pending)
1)I have EAD approved and it�s valid until 2012 September .Is it possible can we withdraw HI-B Petition application when they request RFE?
2)Can I have any chance of explain USCIS, by this rule below?
��USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:
"If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c) ��
Thanks
KPR
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AUNTYMARGARET
04-16 04:13 PM
1. Sell all my stuff.
2. Transfer all my liquid money to home country.
2. Rent a one way van in New York.
3. Drive cross country with family and have fun. Meet all my friends on the way.
4. Return the van in San Francisco, take one way ticket to India.
5. Start a fresh life in India, free of immigration woes.
6. May be use I-485 receipt in Air India toilet on the way home (might hurt a bit but that is OK).
If after 10 years in this country, I-485 gets denied, I would not care for my H1-B status at all. I am speaking out of my heart, please do not give me red dots for that.[/QUOTE]
I LIKE YOU... this is what I call going out with your head held up high!! Go Guru!!
2. Transfer all my liquid money to home country.
2. Rent a one way van in New York.
3. Drive cross country with family and have fun. Meet all my friends on the way.
4. Return the van in San Francisco, take one way ticket to India.
5. Start a fresh life in India, free of immigration woes.
6. May be use I-485 receipt in Air India toilet on the way home (might hurt a bit but that is OK).
If after 10 years in this country, I-485 gets denied, I would not care for my H1-B status at all. I am speaking out of my heart, please do not give me red dots for that.[/QUOTE]
I LIKE YOU... this is what I call going out with your head held up high!! Go Guru!!
more...
thomachan72
10-15 03:47 PM
Friends,
I'm in a position where I have to file for I-140 again. In short, my company was purchased and I had to refile I-140 under the new company's name. Since the new company does not pay for Premium processing, I'll have to shell out the Premium processing fee from my pocket.
I need your honest opinion as to whether I must file with premium or regular? My PD: is June 2007.
I appreciate all your comments!
If you want to extend H1b soon go for the PP. It is worth to get this done with.
Now that your company was purchased did you have to do the labor once again? or just the 140? Will you be able to keep the old PD?
I'm in a position where I have to file for I-140 again. In short, my company was purchased and I had to refile I-140 under the new company's name. Since the new company does not pay for Premium processing, I'll have to shell out the Premium processing fee from my pocket.
I need your honest opinion as to whether I must file with premium or regular? My PD: is June 2007.
I appreciate all your comments!
If you want to extend H1b soon go for the PP. It is worth to get this done with.
Now that your company was purchased did you have to do the labor once again? or just the 140? Will you be able to keep the old PD?
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chintals
11-05 06:29 PM
No FP yet!
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chi_shark
06-16 09:43 AM
1) yes stop working
2) if they send you an RFE for job during the time that you are out of eligibility and you cannot prove an offer of full time employment, your 485 could be denied. But, this is a grey area... some say you just need an offer. others say you need to have a job...
3) if you work without ead, you will be working illegally.
4) by law, you have to show original documents to your employer regarding work authorization. so, you need to have the card in hand... but if you dont and your case hinges on that little technical gap, you may be able to argue in court that you were authorized to work, hence legal, but you have committed an erroneous i-9 submission (is that a crime? i dont know).
even i am in a situation thats a little bit like yours, my ead expires aug 10 and i applied for renewal on june 17th. so i could possibly face a 7 day gap in work authorization (i hope not).
hope this helps.
Hello :
My EAD expires on July 28, 2010. I have sent the application today with request to expedite with employer letter.
If I don't receive my new EAD card by July 28, 2010, then
1) Will/Should I stop working?
2) If I do stop working, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?
3) If I continue to work, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?
4) Can I continue to work/remain IN-STATUS as long as my EAD application shows "Approved" on USCIS website but I don't have the physical card with me?
Any response to these questions will be highly appreciated.
Thanks!
2) if they send you an RFE for job during the time that you are out of eligibility and you cannot prove an offer of full time employment, your 485 could be denied. But, this is a grey area... some say you just need an offer. others say you need to have a job...
3) if you work without ead, you will be working illegally.
4) by law, you have to show original documents to your employer regarding work authorization. so, you need to have the card in hand... but if you dont and your case hinges on that little technical gap, you may be able to argue in court that you were authorized to work, hence legal, but you have committed an erroneous i-9 submission (is that a crime? i dont know).
even i am in a situation thats a little bit like yours, my ead expires aug 10 and i applied for renewal on june 17th. so i could possibly face a 7 day gap in work authorization (i hope not).
hope this helps.
Hello :
My EAD expires on July 28, 2010. I have sent the application today with request to expedite with employer letter.
If I don't receive my new EAD card by July 28, 2010, then
1) Will/Should I stop working?
2) If I do stop working, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?
3) If I continue to work, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?
4) Can I continue to work/remain IN-STATUS as long as my EAD application shows "Approved" on USCIS website but I don't have the physical card with me?
Any response to these questions will be highly appreciated.
Thanks!
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jackrabbit
04-09 01:36 PM
Planning to use AC21 Portability and work on EAD.
If you are planning to work on EAD, then you are not using AC21.
Is my understanding correct?
If you are planning to work on EAD, then you are not using AC21.
Is my understanding correct?
more...
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Laasya05
01-22 06:35 PM
Thaks IV core group For your efforts, time and energy you spend to fight for our cause.
Laasya05
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eyeswe
06-03 04:00 PM
I hope I am reading this incorrectly. Is USCIS now saying that any applicant on AOS must obtain an AP for travel, even if they are on H1B... The post above me is infintely correct if this is the case.. I hope I am wrong in my interpretation
U.S.* Citizenship and Immigration Services (USCIS) reminds individuals that they "must" obtain Advance Parole from USCIS before traveling abroad if they have:
* been granted Temporary Protected Status (TPS);
* "a pending application for adjustment of status to lawful permanent resident;"
* a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);
* a pending asylum application; or
* a pending application for legalization.*
U.S.* Citizenship and Immigration Services (USCIS) reminds individuals that they "must" obtain Advance Parole from USCIS before traveling abroad if they have:
* been granted Temporary Protected Status (TPS);
* "a pending application for adjustment of status to lawful permanent resident;"
* a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);
* a pending asylum application; or
* a pending application for legalization.*
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Hassan11
06-17 12:05 PM
is it PO box # 852401 or 851041 ?? please confirm correct PO box #.
For USPS deliveries:
USCIS
Texas Service Center
P.O. Box 851041
Mesquite, TX 75185-1041
For private courier (non-USPS) deliveries:
USCIS
Texas Service Center
4141 North St. Augustine Road
Dallas, TX 75227
For USPS deliveries:
USCIS
Texas Service Center
P.O. Box 851041
Mesquite, TX 75185-1041
For private courier (non-USPS) deliveries:
USCIS
Texas Service Center
4141 North St. Augustine Road
Dallas, TX 75227
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JunRN
07-17 01:49 AM
So it means that if I-140 petition is filed on my behalf, if I renew my non-immigrant visa, it would be denied?
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amsgc
06-20 12:14 AM
All I can say is for J1 physician is different then regular J1 visa. If you are J1 physician you have to serve 3 years in an underserved area on H1b visa and then and then you can get your GC. If you file NIW for physician you can apply for I-140 and I-485 but you will get GC after 5 yrs of service in an underserved area.
Thank you gondal, for you response.
So, after filing for I-485, one would still maintain their J1, without adversely affecting it, right?
Is your category of J1 also dual intent?
Thanks.
Thank you gondal, for you response.
So, after filing for I-485, one would still maintain their J1, without adversely affecting it, right?
Is your category of J1 also dual intent?
Thanks.
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Rajeev
02-26 04:47 PM
H4 visa holder can pursue their studies in US but they cannot work while studying.
he/she should stay in H4 visa if you filed (or want to file) I-485 based on your dependent's I-485 application because F1 visa holders are not eligible for I-485 dependent benefits and changing from H4 to F1 will cancel the I-485 application if he/she already filed based on dependent application.
so better to stay in H4 if you filed or want to file I-485 based on your dependent's application until you get GC.
My understanding is I-485 can include dependents on F1. Contact an attorney before making a decision.
he/she should stay in H4 visa if you filed (or want to file) I-485 based on your dependent's I-485 application because F1 visa holders are not eligible for I-485 dependent benefits and changing from H4 to F1 will cancel the I-485 application if he/she already filed based on dependent application.
so better to stay in H4 if you filed or want to file I-485 based on your dependent's application until you get GC.
My understanding is I-485 can include dependents on F1. Contact an attorney before making a decision.
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yagw
12-07 08:06 AM
My wife's EAD expires later this month. She doesn't intend to work; so does she need to renew her EAD? She doesn't have another status like h1 or h4. Will she be out of status when the EAD expires?
The bigger question is that I got my GC a few months ago; but she hasn't got hers. We had an interview at the local office; the officer said he's recommended approval of the 485 and we should get it soon. This happened 2 months ago and still we don't see the 485 approval. The officer also mentioned we could go to the local office any time and get a GC stamp in the passport. Is this true? Can we just take an infopass and get the stamp right away? Do they do that? I called the call center but they just say it's pending and they won't give me any information.
really appreciate your advice...
srini
For the status question, your wife doesn't need EAD. Pending I-485 or AOS is a valid status to stay in the US. That said, some states like CA doesn't take I-485 receipt notice as a valid document for issuing license. They asked for EAD. So if your wife needs to drive she may have to get EAD.
For your second question, I assume the PD is still current. If thats the case, I would suggest taking infopass and find out the status. If you didn't get any satisfactory info, contact your senator/congressperson , ombudsman, open an SR etc. Don't sit idle waiting for USCIS to act.
The bigger question is that I got my GC a few months ago; but she hasn't got hers. We had an interview at the local office; the officer said he's recommended approval of the 485 and we should get it soon. This happened 2 months ago and still we don't see the 485 approval. The officer also mentioned we could go to the local office any time and get a GC stamp in the passport. Is this true? Can we just take an infopass and get the stamp right away? Do they do that? I called the call center but they just say it's pending and they won't give me any information.
really appreciate your advice...
srini
For the status question, your wife doesn't need EAD. Pending I-485 or AOS is a valid status to stay in the US. That said, some states like CA doesn't take I-485 receipt notice as a valid document for issuing license. They asked for EAD. So if your wife needs to drive she may have to get EAD.
For your second question, I assume the PD is still current. If thats the case, I would suggest taking infopass and find out the status. If you didn't get any satisfactory info, contact your senator/congressperson , ombudsman, open an SR etc. Don't sit idle waiting for USCIS to act.
jonty_11
11-16 09:13 PM
News from REDIFF
http://ia.rediff.com/news/2006/nov/17ndeal8.htm?q=tp&file=.htm
No one seems to be talking abt it....no news, no discussions..that is what lobbying is all abt...not abt making a hue and cry before lame duck and seeing nothing passed through.....The Caucus of companies taht has kinda threatened to outsource if H1Bs are not increased....might just fall flat.
http://ia.rediff.com/news/2006/nov/17ndeal8.htm?q=tp&file=.htm
No one seems to be talking abt it....no news, no discussions..that is what lobbying is all abt...not abt making a hue and cry before lame duck and seeing nothing passed through.....The Caucus of companies taht has kinda threatened to outsource if H1Bs are not increased....might just fall flat.
rajeshalex
09-25 03:20 PM
Are u the primary or dependant. If you are the dependant no issues cool and enjoy time with baby. If you are the primary then no issues till you get the GC. For primary it is not mandatory to work during the time 485 is pending. But once GC is approved then u need to start full time position with the employer.
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