dilbert_cal
10-31 06:59 PM
To answer your questions (assuming you filed I-1485 with A - since you mention using EAD).
1. Is employer A going to withdraw the approved I-140? If yes, then you will run into some issues with the way things are going now. But you should be able to fight back (MTR etc) in the worst case. If A is not withdrawing I-140, then less problem.
Once 140 is revoked and 485 is denied as well, you will not be able to work anymore. You are planning to use EAD - your EAD is invalid the day your 485 is denied. By filing MTR, you may be able to get it back on track but until then you cannot work. Its upto you to decide whether you want to take this risk or not.
2. Is Company B, that promises to employ you after GC, can they give any written statement? Here in US it is _at-will_ employment. So, you might have tough time proving it.
Even with a written statement, there is no guarantee they will hire you when you have your GC - and anyways this doesnt real mean anything w.r.t. his GC process.
3. Another problem is, before they adjudicate your I-485, they might issue an RFE to check if you're still employed in same or similar position. And employment with Company C will not satisfy this requirement.
Perfectly said. If you are using ac-21 , your new job has to be same/similar to the job filed for GC. Job with C is not same/similar. If you have a RFE ( high chances when you file AC21 based on anecdotal evidence ) , you will be in trouble.
Now, I am not sure if any documents from company B will establish the fact that you will be working in same/similar occupation. You should better consult with an Immigration Attorney and better yet retain them for future.
Overall, not knowing what is the reason you want the change, etc. it is difficult to advise you one way or the other - but its pretty clear that the risks can be pretty high in this particular case.
1. Is employer A going to withdraw the approved I-140? If yes, then you will run into some issues with the way things are going now. But you should be able to fight back (MTR etc) in the worst case. If A is not withdrawing I-140, then less problem.
Once 140 is revoked and 485 is denied as well, you will not be able to work anymore. You are planning to use EAD - your EAD is invalid the day your 485 is denied. By filing MTR, you may be able to get it back on track but until then you cannot work. Its upto you to decide whether you want to take this risk or not.
2. Is Company B, that promises to employ you after GC, can they give any written statement? Here in US it is _at-will_ employment. So, you might have tough time proving it.
Even with a written statement, there is no guarantee they will hire you when you have your GC - and anyways this doesnt real mean anything w.r.t. his GC process.
3. Another problem is, before they adjudicate your I-485, they might issue an RFE to check if you're still employed in same or similar position. And employment with Company C will not satisfy this requirement.
Perfectly said. If you are using ac-21 , your new job has to be same/similar to the job filed for GC. Job with C is not same/similar. If you have a RFE ( high chances when you file AC21 based on anecdotal evidence ) , you will be in trouble.
Now, I am not sure if any documents from company B will establish the fact that you will be working in same/similar occupation. You should better consult with an Immigration Attorney and better yet retain them for future.
Overall, not knowing what is the reason you want the change, etc. it is difficult to advise you one way or the other - but its pretty clear that the risks can be pretty high in this particular case.
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gmail
07-22 01:31 AM
Take advice of another lawyer. I have a friend who did something similar and he is simply sitting tight (on advice of his lawyer). So I would not simply start the whole process from scratch before consulting a couple of other lawyers.
there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.
http://www.immigration.com/newsletter1/amendac21.pdf
Question 10. Should service centers or district offices deny
portability cases on the sole basis that the alien has left his or her
employment with the I-140 petitioner prior to the I-485 application
pending for 180 days?
Answer: No. The basis for adjustment is not actual (current)
employment but prospective employment. Since there is no requirement
that the alien have ever been employed by the petitioner while the
I-140 and/or I-485 was pending, the fact that an alien left the I-140
petitioner before the I- 485 has been pending 180 days will not
necessarily render the alien ineligible to port. However, in all cases
an offer of employment must have been bona fide. This means that, as
of the time the I-140 was filed and at the time of filing the I-485 if
not filed concurrently, the I-140 petitioner must have had the intent
to employ the beneficiary, and the alien must have intended to
undertake the employment, upon adjustment. Adjudicators should not
presume absence of such intent and may take the I-140 and supporting
documents themselves as prima facie evidence of such intent, but in
appropriate cases additional evidence or investigation may be
appropriate.
I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.
I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.
there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.
http://www.immigration.com/newsletter1/amendac21.pdf
Question 10. Should service centers or district offices deny
portability cases on the sole basis that the alien has left his or her
employment with the I-140 petitioner prior to the I-485 application
pending for 180 days?
Answer: No. The basis for adjustment is not actual (current)
employment but prospective employment. Since there is no requirement
that the alien have ever been employed by the petitioner while the
I-140 and/or I-485 was pending, the fact that an alien left the I-140
petitioner before the I- 485 has been pending 180 days will not
necessarily render the alien ineligible to port. However, in all cases
an offer of employment must have been bona fide. This means that, as
of the time the I-140 was filed and at the time of filing the I-485 if
not filed concurrently, the I-140 petitioner must have had the intent
to employ the beneficiary, and the alien must have intended to
undertake the employment, upon adjustment. Adjudicators should not
presume absence of such intent and may take the I-140 and supporting
documents themselves as prima facie evidence of such intent, but in
appropriate cases additional evidence or investigation may be
appropriate.
I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.
I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.
aovivo
04-15 02:52 PM
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lazycis
01-04 02:15 PM
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=71d9903772614512bc3881aaefb1d 8d8
10.11 Order of Processing.
(a) Routine and Expedited Cases . Generally, applications and petitions should be processed in the order in which they are received. Exceptions can, and should, be made for a number of different reasons, and sometimes those reasons may appear to conflict with one another.
10.11 Order of Processing.
(a) Routine and Expedited Cases . Generally, applications and petitions should be processed in the order in which they are received. Exceptions can, and should, be made for a number of different reasons, and sometimes those reasons may appear to conflict with one another.
more...
pappu
08-04 02:42 PM
Green..
May be you are joking or you didnt get my point.. I was wondering if there are any people who support these DOL sw/hw Systems are struck in Labor as well.
yes it will be funny if any of Exceed employee working in backlog center is also affcted by backlog of his labor application there.
May be you are joking or you didnt get my point.. I was wondering if there are any people who support these DOL sw/hw Systems are struck in Labor as well.
yes it will be funny if any of Exceed employee working in backlog center is also affcted by backlog of his labor application there.
dreamworld
11-07 12:44 PM
Thank you everyone for the responses.
Dreamworld, Could you let me know what kind of supporting documents are needed. Thanks in advance.
masti_Gai is right...
Your parents should provide your address as the USA residence address while filling the form at port of entry. Sometimes the immigration officer at port of entry may call you to verify.
Dreamworld, Could you let me know what kind of supporting documents are needed. Thanks in advance.
masti_Gai is right...
Your parents should provide your address as the USA residence address while filling the form at port of entry. Sometimes the immigration officer at port of entry may call you to verify.
more...
dbevis
March 3rd, 2004, 07:22 PM
Very cool. Gets the Vertigo award from me. That has to be the tallest spiral staircase I've ever seen. They don't design em like that much over here - probably to minimize the possibility of jumpers.
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seaken75
07-17 10:25 PM
I posted two questions.....which one are you answering to? (i hope it's the first)
short answer is no....and the long answer is "no" as well..IMHO
short answer is no....and the long answer is "no" as well..IMHO
more...
GIDOC
07-18 01:49 AM
I would agree that he should consult with an attorney. However, I am not sure if he needs to be in the country to file the 485. I am not sure about the medical though.
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CRAZYMONK
09-24 11:38 AM
but we received an RFE Yday forwarded from my old address which I moved out 1 year ago and filed AR11.
also the RFE stated that there is no G28 representation on our case and worst thing was online status is still pending.
We had lost 13 valuable days because of address they used in RFE.
Good Luck.!!
I think that is the reason you got it to your address instead of your attorney. They might have missed that G-28 or your attorney forgot to send in with other stuff.
Is that RFE just for G-28?
also the RFE stated that there is no G28 representation on our case and worst thing was online status is still pending.
We had lost 13 valuable days because of address they used in RFE.
Good Luck.!!
I think that is the reason you got it to your address instead of your attorney. They might have missed that G-28 or your attorney forgot to send in with other stuff.
Is that RFE just for G-28?
more...
amohale
11-18 10:11 PM
Hello,
I had to go to India due to a family emergency (death in family) in middle of my project. I have a new H1B and went for Stamping at Delhi Consulate on Nov 2nd. I got issued a 221G green form, to which I submitted the document requested on same day. 3 business days later I received a email from Consulate with another 221 G green form asking for all the documents. I sent all the documents via VFS on Nov 10th.
I haven't heard back from the consulate yet. In the mean time, my husband used his contacts to approach a congresswoman who has been involved in immigration cases. She has agreed to take my case with the Consulate. But what I am seeing on the forums is that if Congresswoman write letter to the consulate can jeopardize the case by unnecessarily pressuring the Consular.
It has been little over a week I submitted documents and I see that consulate is usually taking 2-3 weeks to respond. Please suggest if I should have the congresswoman write to the consulate or wait for the it to take the natural process and pray for the best?
Any help/suggestion is appreciated.
-Ritu
I had to go to India due to a family emergency (death in family) in middle of my project. I have a new H1B and went for Stamping at Delhi Consulate on Nov 2nd. I got issued a 221G green form, to which I submitted the document requested on same day. 3 business days later I received a email from Consulate with another 221 G green form asking for all the documents. I sent all the documents via VFS on Nov 10th.
I haven't heard back from the consulate yet. In the mean time, my husband used his contacts to approach a congresswoman who has been involved in immigration cases. She has agreed to take my case with the Consulate. But what I am seeing on the forums is that if Congresswoman write letter to the consulate can jeopardize the case by unnecessarily pressuring the Consular.
It has been little over a week I submitted documents and I see that consulate is usually taking 2-3 weeks to respond. Please suggest if I should have the congresswoman write to the consulate or wait for the it to take the natural process and pray for the best?
Any help/suggestion is appreciated.
-Ritu
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amsgc
01-15 11:03 PM
Not quite, the link doesn't work :)
http://thomas.loc.gov/cgi-bin/query/F?c111:1:./temp/~c111HC0fZW:e35939:
NICE
http://thomas.loc.gov/cgi-bin/query/F?c111:1:./temp/~c111HC0fZW:e35939:
NICE
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gc_on_demand
10-05 10:50 AM
If they are planing for such process and so confident about passing it soon in 2010 why would they layoff tons of temp and perm trained employees because of 100 Million gap in budget.
I think whole thing is politics. One day Mr President says it will happen , next day Vice President says will not happen ... few days after Senators agrees to introduce by certain date, but does not. Again congress man agrees to introduce but not going to happen. and then all sudden USCIS directors says they are working on it with laying off people.
All these talks are only talks .. There will not be any firm action by this administration or congress.
I think whole thing is politics. One day Mr President says it will happen , next day Vice President says will not happen ... few days after Senators agrees to introduce by certain date, but does not. Again congress man agrees to introduce but not going to happen. and then all sudden USCIS directors says they are working on it with laying off people.
All these talks are only talks .. There will not be any firm action by this administration or congress.
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Administrator2
03-23 03:51 PM
Business week MBA forums had a big conversation about this topic with some MBA graduates saying they ere affected. May be someone can post this on there.
Thanks, could you please post the link to that forum.
We found out that following members may have been affected by TARP funding bill:
bazuka6
rs_123
determined_indian
goel_ar
jaspreetsinghgandhi
mthoota
pxkuma
Does anyone know these members?
Thanks, could you please post the link to that forum.
We found out that following members may have been affected by TARP funding bill:
bazuka6
rs_123
determined_indian
goel_ar
jaspreetsinghgandhi
mthoota
pxkuma
Does anyone know these members?
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Tantra
07-12 05:39 PM
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cox
October 22nd, 2005, 12:05 AM
There have been some E coast meets at Indy, but as far as I know, no W coast. QJ and I have threatened to meet here since we both live around SF Bay Area, but haven't managed it yet. I'm game for a get together, but my work schedule is hideous. :(
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eastindia
04-26 02:14 PM
Why did we all come to USA?
Did any of you knew the Green card problems when you came?
Did you know the problems when you applied for greencard many years ago?
When was the first time you found out there was a ling wait period and so many problems?
Did any of you knew the Green card problems when you came?
Did you know the problems when you applied for greencard many years ago?
When was the first time you found out there was a ling wait period and so many problems?
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jasmin45
08-02 04:27 PM
I have been reading posts on here and I think I am more confused than ever now. People are talking about 180 days? 180 days from what and for what? I have a call in to my lawyer but hes hard to reach.... So maybe you guys can clarify for me? I have an approved labor cert w/ priority date of July 06. Sent my app and my husbands app to the NSC on June 27th for our 485 & 765 (the work authorization for both). So what now? I will get a receipt date, then eventually a notice for fingerprints and then my work authorization? And then what - we eventually will get our green card? When does your change in status occur? once you get the green card? or once my 485 is pending? Thank you for your help in advance, Lisa
Status changes after your I-485 is approved. Not when your 485 is pending.once they approve your AOS application (I-485), your G card will be ordered for printing and eventually will get ship to you.
Status changes after your I-485 is approved. Not when your 485 is pending.once they approve your AOS application (I-485), your G card will be ordered for printing and eventually will get ship to you.
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fasterthanlight�
05-12 12:14 PM
The dont is quite hard to make out
**font perhaps?
Did you think of maybe reversing the stroke and fill colours of the font to achieve better contrast? instead of green stroke white outline, the apple, for example, reverse it so that it is white on the outside, green on the inside, because the green tends to blend in with the fruit.
**font perhaps?
Did you think of maybe reversing the stroke and fill colours of the font to achieve better contrast? instead of green stroke white outline, the apple, for example, reverse it so that it is white on the outside, green on the inside, because the green tends to blend in with the fruit.
shirish
09-11 06:37 AM
Thankx for the info.
did you send ur 485 application directly to TSC or was it transfered to TSC?
EB2 - India - July 2005
RD - 7/26/2007
ND - 09/27/2007
Hard LUD on I-485 on 9/3/08 saying that RFE was sent on 9/2. RFE recvd on 9/8. Last date to reply RFE by 10/6.
Hope this helps
did you send ur 485 application directly to TSC or was it transfered to TSC?
EB2 - India - July 2005
RD - 7/26/2007
ND - 09/27/2007
Hard LUD on I-485 on 9/3/08 saying that RFE was sent on 9/2. RFE recvd on 9/8. Last date to reply RFE by 10/6.
Hope this helps
larmani
10-05 02:41 PM
I am also in the same situation. But not sure about H1 transfer. I posted all the questions to our lawyer and waiting for reply.
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