soorigadu2003
09-13 04:48 PM
In my case wife works in the same company which is sponsoring our GC and EAD apps .our EAD expired on Aug 13th (am on H1 still, wife on EAD). But Our laywer told us its ok to continue to work and employer didt ask us any thing so far. Still waiting for EAD. Expidite req was approved about 10 days ago, still waiting for the decision.
Per my lawyer, there is no written rule really that stops us working after EAD expiry,and it also depends on how employer looks at these rules and all this mess..
Per my lawyer, there is no written rule really that stops us working after EAD expiry,and it also depends on how employer looks at these rules and all this mess..
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pfiction
08-06 08:11 PM
I saw a LUD on approved I-140 on 07/13. No LUD on 485 yet and waiting.
WaldenPond
02-24 07:02 PM
Here is the Senator Specter's markup summary document:
http://immigrationvoice.org/media/SpecterMark.pdf
http://immigrationvoice.org/media/SpecterMark.pdf
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laborinbacklog
09-21 11:20 AM
I think it is a good idea but it is the job requirement and not the persons experience that defines the EB category.
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rheoretro
11-07 02:18 PM
cool
rheoretro,
Many of the threads posted here are not directly related to "Employment-Based Green Card Retrogression". Most of them are related to problems we immigrants face day after day.
I started this thread with a good intent. Many people who are searching for jobs are lured by "flashing advertisements" in sulekha. They find out the reality only once they start working for them and "Green Card" is sponsored.
So if each one of us can post about good consulting companies we know about, it will help the current job hunters. (By the way, as far as I know, the majority of us in this forum work as consultants rather than as full-time employees)
rheoretro,
Many of the threads posted here are not directly related to "Employment-Based Green Card Retrogression". Most of them are related to problems we immigrants face day after day.
I started this thread with a good intent. Many people who are searching for jobs are lured by "flashing advertisements" in sulekha. They find out the reality only once they start working for them and "Green Card" is sponsored.
So if each one of us can post about good consulting companies we know about, it will help the current job hunters. (By the way, as far as I know, the majority of us in this forum work as consultants rather than as full-time employees)
guesswho
10-23 08:09 PM
Anyone going to Nogales for visa, I would suggest reading my exp:
http://immigrationvoice.org/forum/showthread.php?p=208797#post208797
http://immigrationvoice.org/forum/showthread.php?p=208797#post208797
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kartikiran
08-17 07:08 PM
gimme_GC2006,
I used my AP twice via JFK. Both times sent to secondary. No questions asked, just had to wait an extra 90 minutes due to people in front of me and was given my passport with the I94 back.
so nothing to fear.
what was secondary interview like?
I used my AP twice via JFK. Both times sent to secondary. No questions asked, just had to wait an extra 90 minutes due to people in front of me and was given my passport with the I94 back.
so nothing to fear.
what was secondary interview like?
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glus
11-06 03:47 PM
glus, Since she now has an approved I140, she is eligible for a 3 year H1 extension, provided her PD is not current. She need not be continuously be on H1 to be eligible for applying H1 for the 7th year.
Once you get the H1 paper, you would have to enter the US, so that the status changes from "Adjustee" to "admitted" i.e., H1 status...or, if the H-1B paper come with the I-94 stub, you need not travel out and get it.
OK, thank you. Has anyone done this? Going from AOS to H-1B? I mean, getting into H1 status w/o leaving the U.S.?
Once you get the H1 paper, you would have to enter the US, so that the status changes from "Adjustee" to "admitted" i.e., H1 status...or, if the H-1B paper come with the I-94 stub, you need not travel out and get it.
OK, thank you. Has anyone done this? Going from AOS to H-1B? I mean, getting into H1 status w/o leaving the U.S.?
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akhilmahajan
06-27 12:25 PM
I think dec 2006 must not be a mistake, as thats the date they are showing they are working on............
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nonimmi
07-02 10:02 AM
I see people not supporting the CIR which was suppose to be a pro Immigration bill, no matter which part of the society it was supporting. My question is Are you guys out here a Pro or an anti immigration forum?
Or are you guys out here are to fulfill their selfish dreams, stand on others to reach the top.
Can anyone answer me? I really doubt the people out here.
Did you ask your parents whether you were born logal??
Some of have that doubt. Can you clarify please?
Or are you guys out here are to fulfill their selfish dreams, stand on others to reach the top.
Can anyone answer me? I really doubt the people out here.
Did you ask your parents whether you were born logal??
Some of have that doubt. Can you clarify please?
more...
dan19
02-20 10:30 AM
Hello all,
My I-140 (EB3) is already approved through my present company.
I am about to start the 6th year (final year) of my H1 soon. I want to change my job and apply through EB2 as EB3 has almost stopped moving.
My case is like this:
PD: 2002-Oct India/ROW
Category: EB3
H1 (6 year ends): June 2008
My questions are:
1. First and foremost - can I change my job as I am entering the 6th year of H1?
2. Since it's going to be my 6th year, will I need to reapply for labor as soon as I change my job? Is there any timeframe?
3. Will there be any issue porting the Priority Date - especially since I am planning to apply on EB2 in the next job.
Thanks,
Dan
My I-140 (EB3) is already approved through my present company.
I am about to start the 6th year (final year) of my H1 soon. I want to change my job and apply through EB2 as EB3 has almost stopped moving.
My case is like this:
PD: 2002-Oct India/ROW
Category: EB3
H1 (6 year ends): June 2008
My questions are:
1. First and foremost - can I change my job as I am entering the 6th year of H1?
2. Since it's going to be my 6th year, will I need to reapply for labor as soon as I change my job? Is there any timeframe?
3. Will there be any issue porting the Priority Date - especially since I am planning to apply on EB2 in the next job.
Thanks,
Dan
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Blog Feeds
02-08 06:10 PM
AILA Leadership Has Just Posted the Following:
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgZE3LpIi3eXyKFVOSL9jdQgM-gVUIAu1Jrbc2udBBhug_71KTLHAKC9qDjSiMVcrSEKP2l6SIFtnVTsQpWxS9SV6vik-DH4MH_GfKt5OQwsNOsLm0ugefAKzXIDhQaeVYw_zDmctEXSks/s320/waiting-in-line.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgZE3LpIi3eXyKFVOSL9jdQgM-gVUIAu1Jrbc2udBBhug_71KTLHAKC9qDjSiMVcrSEKP2l6SIFtnVTsQpWxS9SV6vik-DH4MH_GfKt5OQwsNOsLm0ugefAKzXIDhQaeVYw_zDmctEXSks/s1600-h/waiting-in-line.jpg) In October 2009, I wrote a blog talking about the disastrously long waiting lines for legal immigration to the United States. In Get In The Line? What Line? The Tragic Tale of Employment Based Immigrant Visa Delays (http://ailaleadership.blogspot.com/2009/10/get-in-line-what-line-tragic-tale-of.html), I stated that:
This delay in legal, employment based immigration is a crisis for America. If you are an intending immigrant, and your immigration option is employment based, do you have the patience the wait 15 years for your green card? Can you do better in Australia, Canada, or even back home in our home country? What is the cost to our future competitiveness of a broken legal immigration system? What is the cost to U.S. innovation? The Department of State just released its annual numbers for cases received by the National Visa Center, awaiting issuance of an immigrant visa at a consulate. The report says this:
The following figures have been compiled from the NVC report submitted to the Department on November 3, 2009, and show the number of immigrant visa applicants on the waiting list in the various preferences and subcategories subject to numerical limit. All figures reflect persons registered under each respective numerical limitation, i.e., the totals represent not only principal applicants or petition beneficiaries, but their spouses and children entitled to derivative status under INA 203(d) as well. Okay, the bottom line numbers? Bad, very bad. The total Family Numbers waiting for a priority date: 3,369,455, including 1,727,897 in the Brother and Sister (FB-4) category. At the 65,000 annual number level for that category, that is a 26.5 year wait (ignoring per country limits). The total Employment Numbers awaiting a priority date: 130,509, including 119,759 in the EB-3 category. This is at least a 3-4 year wait (again, ignoring per country limits). So, 3.5 million people waiting in line, or is it? The reality is worse. These do NOT include the those cases pending at USCIS!
If we ad in the numbers pending at USCIS (as best we know them), the situation is far more grave. Family based petitions pending at USCIS in June 2009 (no new numbers are easily available), were 1.1 million, bring the total backlog to 4,400,000 for family cases. Employment based cases pending at USCIS in June 2009 numbered 80,000. This bring the total up to 210,000 for EB-3 cases. Wow!
It gets worse though when you realize this simple fact. The numbers from the National Visa Center do not include cases for folks NOT consular processing. Frankly, and just just like in October when I first wrote about this, we do not really know exactly how many cases are pending immigrant visa availability. What we do know is that the legal immigration system is broken.
When we hear politicians and uninformed folks yelling about illegal immigration and telling folks to wait in line like everyone else, the answer is, What Line?
These numbers once again poignantly express the dilemma that legal immigrants have. Many feel, justifiably, that any immigration reform must FIRST focus on legal immigration reform, cutting down wait times to reasonable periods, BEFORE anyone who entered into or remained in the U.S. without permission is given ANY legal benefits. The answers are simple here, the question is, are there any politicians with enough courage to vote for real legal immigration reform?https://blogger.googleusercontent.com/tracker/186823568153827945-373880418577926333?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/02/update-line-what-line-more-tragic-truth.html)
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgZE3LpIi3eXyKFVOSL9jdQgM-gVUIAu1Jrbc2udBBhug_71KTLHAKC9qDjSiMVcrSEKP2l6SIFtnVTsQpWxS9SV6vik-DH4MH_GfKt5OQwsNOsLm0ugefAKzXIDhQaeVYw_zDmctEXSks/s320/waiting-in-line.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgZE3LpIi3eXyKFVOSL9jdQgM-gVUIAu1Jrbc2udBBhug_71KTLHAKC9qDjSiMVcrSEKP2l6SIFtnVTsQpWxS9SV6vik-DH4MH_GfKt5OQwsNOsLm0ugefAKzXIDhQaeVYw_zDmctEXSks/s1600-h/waiting-in-line.jpg) In October 2009, I wrote a blog talking about the disastrously long waiting lines for legal immigration to the United States. In Get In The Line? What Line? The Tragic Tale of Employment Based Immigrant Visa Delays (http://ailaleadership.blogspot.com/2009/10/get-in-line-what-line-tragic-tale-of.html), I stated that:
This delay in legal, employment based immigration is a crisis for America. If you are an intending immigrant, and your immigration option is employment based, do you have the patience the wait 15 years for your green card? Can you do better in Australia, Canada, or even back home in our home country? What is the cost to our future competitiveness of a broken legal immigration system? What is the cost to U.S. innovation? The Department of State just released its annual numbers for cases received by the National Visa Center, awaiting issuance of an immigrant visa at a consulate. The report says this:
The following figures have been compiled from the NVC report submitted to the Department on November 3, 2009, and show the number of immigrant visa applicants on the waiting list in the various preferences and subcategories subject to numerical limit. All figures reflect persons registered under each respective numerical limitation, i.e., the totals represent not only principal applicants or petition beneficiaries, but their spouses and children entitled to derivative status under INA 203(d) as well. Okay, the bottom line numbers? Bad, very bad. The total Family Numbers waiting for a priority date: 3,369,455, including 1,727,897 in the Brother and Sister (FB-4) category. At the 65,000 annual number level for that category, that is a 26.5 year wait (ignoring per country limits). The total Employment Numbers awaiting a priority date: 130,509, including 119,759 in the EB-3 category. This is at least a 3-4 year wait (again, ignoring per country limits). So, 3.5 million people waiting in line, or is it? The reality is worse. These do NOT include the those cases pending at USCIS!
If we ad in the numbers pending at USCIS (as best we know them), the situation is far more grave. Family based petitions pending at USCIS in June 2009 (no new numbers are easily available), were 1.1 million, bring the total backlog to 4,400,000 for family cases. Employment based cases pending at USCIS in June 2009 numbered 80,000. This bring the total up to 210,000 for EB-3 cases. Wow!
It gets worse though when you realize this simple fact. The numbers from the National Visa Center do not include cases for folks NOT consular processing. Frankly, and just just like in October when I first wrote about this, we do not really know exactly how many cases are pending immigrant visa availability. What we do know is that the legal immigration system is broken.
When we hear politicians and uninformed folks yelling about illegal immigration and telling folks to wait in line like everyone else, the answer is, What Line?
These numbers once again poignantly express the dilemma that legal immigrants have. Many feel, justifiably, that any immigration reform must FIRST focus on legal immigration reform, cutting down wait times to reasonable periods, BEFORE anyone who entered into or remained in the U.S. without permission is given ANY legal benefits. The answers are simple here, the question is, are there any politicians with enough courage to vote for real legal immigration reform?https://blogger.googleusercontent.com/tracker/186823568153827945-373880418577926333?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/02/update-line-what-line-more-tragic-truth.html)
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logiclife
12-03 11:31 AM
Do not worry about it. As long as you keep your job, you are fine. I've been thru the same situation, did not do anything special and got my GC.
Its not enough just to be employed. What's even more important is that if and when USCIS sends a query/RFE to find out whether or not you have a future job offer, for which your GC was filed by employer A in first place, you should be able to get your current employer to produce a letter saying "We will hire Mr./Ms XYZ on ABC job with asdkfjdjfkasj description upon him getting green card" something like that.
It doesnt matter where you are working at that time. It could be company B, C, D, E , F or a merged company of above combinations.
Getting such a letter is no big deal in bigger companies, takes one email to HR and they will produce such a letter. But to be on safe side, talk to your current and future employers after using AC21 portability 106(c) that they are comfortable writing such a letter.
If you are on H1 when after using AC21 portability, and if your company gets merged/acquired, I think if the merged entity (new company) has become the successor in interest of the original company (company B) you may not have to file an amendment to H1, as long as your job duties, location of work etc have not changed. (Check with your lawyer please). You can continue on same H1. However, if you are on H1 and if company has been merged/acquired then its safer to get h1 amended or new H1 if you are travelling abroad. (Unless you are going to use AP for re-entry).
But if you are using EAD, then there is nothing to amend, just continue working. EAD doesnt depend on who the employer is, it just is an interim work permit until your adjustment of status is done.
Its not enough just to be employed. What's even more important is that if and when USCIS sends a query/RFE to find out whether or not you have a future job offer, for which your GC was filed by employer A in first place, you should be able to get your current employer to produce a letter saying "We will hire Mr./Ms XYZ on ABC job with asdkfjdjfkasj description upon him getting green card" something like that.
It doesnt matter where you are working at that time. It could be company B, C, D, E , F or a merged company of above combinations.
Getting such a letter is no big deal in bigger companies, takes one email to HR and they will produce such a letter. But to be on safe side, talk to your current and future employers after using AC21 portability 106(c) that they are comfortable writing such a letter.
If you are on H1 when after using AC21 portability, and if your company gets merged/acquired, I think if the merged entity (new company) has become the successor in interest of the original company (company B) you may not have to file an amendment to H1, as long as your job duties, location of work etc have not changed. (Check with your lawyer please). You can continue on same H1. However, if you are on H1 and if company has been merged/acquired then its safer to get h1 amended or new H1 if you are travelling abroad. (Unless you are going to use AP for re-entry).
But if you are using EAD, then there is nothing to amend, just continue working. EAD doesnt depend on who the employer is, it just is an interim work permit until your adjustment of status is done.
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roseball
02-09 03:20 PM
Roseball,
I dont think The Successor of Interest petition would be necessary as his employer is the company who acquired the other compnay. If it was the other way around then the Successor of Interest petition would have been a necessity.
HRPRO
Yes, you are right. I thought it was the other way around. Thanks for correcting. A new LCA should be enough.
I dont think The Successor of Interest petition would be necessary as his employer is the company who acquired the other compnay. If it was the other way around then the Successor of Interest petition would have been a necessity.
HRPRO
Yes, you are right. I thought it was the other way around. Thanks for correcting. A new LCA should be enough.
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mjadala
09-06 05:55 PM
Lack of communication between USCIS and DOL
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snathan
05-18 10:37 AM
Probably he is talking about the conditional green card one gets after marrying a US citizen
In this case, I guess there is only two options. Either wait patiently or lose the GC. Even after getting the GC there is certain time period. If the person file for divorce, it will trigger investigation and there is a chance to revoke the GC.
If she desparately wants GC the only way is to work out with her husband.
anyway check with the lawer.
In this case, I guess there is only two options. Either wait patiently or lose the GC. Even after getting the GC there is certain time period. If the person file for divorce, it will trigger investigation and there is a chance to revoke the GC.
If she desparately wants GC the only way is to work out with her husband.
anyway check with the lawer.
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seekerofpeace
08-22 02:25 PM
Any specifics on the interview? Were you asked any documents to submit? Was the interview for both the applicant and the dependent?
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kittu07in
08-27 03:57 PM
[....You have to file her F-1 before your H-1 expires or gets denied, also you might need to show that she will continue to be on H-4 as of the date that classes start (based on you being on valid H-1 status). If this is not possible i suggest you file a change of status to B-2 and then you can decide what needs to be done, this will give you some breathing room...]
How long it takes to convert her status from h4 to B-2? and how many days it will be valid after having a valid B-2?
to convert her B-2 status, do I need to be on B-1? or it can be anything?
Does she can able to COS from B-2 to F1 (Student)...?
~Thanks in advance
How long it takes to convert her status from h4 to B-2? and how many days it will be valid after having a valid B-2?
to convert her B-2 status, do I need to be on B-1? or it can be anything?
Does she can able to COS from B-2 to F1 (Student)...?
~Thanks in advance
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kaisersose
07-18 03:26 PM
1. Can we use AC21 provision without EAD card ?
2. My H1 expires in Jan 2008. Do I need to have EAD card before that ?
3. Can we apply for EAD later, after you have filed 485 and AP? If so do we need any reciept of 485 application?
1. Can we use AC21 provision without EAD card ?
Answer: Sure, you can. In fact, that is the advised approach. Do not fall back on EAD unless absolutely necessary.
2. My H1 expires in Jan 2008. Do I need to have EAD card before that ?
Yes, If you wish to work on EAD then you need to have it by Jan 2008. Unless the interim EAD option is bought back, I doubt if any July filer will have an EAD by January 2008. I would suggest you be prepared to extend your H-1b.
3. Can we apply for EAD later, after you have filed 485 and AP? If so do we need any reciept of 485 application?
Answer: Yes. You can do it yourself, but you will need evidence to show that a 485 has been applied.
2. My H1 expires in Jan 2008. Do I need to have EAD card before that ?
3. Can we apply for EAD later, after you have filed 485 and AP? If so do we need any reciept of 485 application?
1. Can we use AC21 provision without EAD card ?
Answer: Sure, you can. In fact, that is the advised approach. Do not fall back on EAD unless absolutely necessary.
2. My H1 expires in Jan 2008. Do I need to have EAD card before that ?
Yes, If you wish to work on EAD then you need to have it by Jan 2008. Unless the interim EAD option is bought back, I doubt if any July filer will have an EAD by January 2008. I would suggest you be prepared to extend your H-1b.
3. Can we apply for EAD later, after you have filed 485 and AP? If so do we need any reciept of 485 application?
Answer: Yes. You can do it yourself, but you will need evidence to show that a 485 has been applied.
GCAmigo
04-30 02:05 PM
reality 'bites'.. I said 'drowned' .. so there is no 'saving' from 'drowning' in this case.. what you mentioned applies to people who are still afloat clinging on for dear life..
P.S. just continuing the thread for fun.. no offence meant.. you are welcome to ignore my comment..
P.S. just continuing the thread for fun.. no offence meant.. you are welcome to ignore my comment..
luish73
07-21 10:59 AM
This is a 100% partisan vote. Most yes are R most No's are D
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