lazycis
05-07 01:22 PM
from AC21 memo issued on December 27, 2005
Question 14. Must the alien have a new offer of employment at the time the I-485 is being adjudicated under the I-140 portability provisions?
Answer: Yes. The alien cannot still be looking for “same or similar” employment at the time the I-485 is being adjudicated under the adjustment portability provisions. The alien must be able to show there is a new valid offer of employment at the time the I-485 is adjudicated.
So find a new job before I-485 is approved.
Question 14. Must the alien have a new offer of employment at the time the I-485 is being adjudicated under the I-140 portability provisions?
Answer: Yes. The alien cannot still be looking for “same or similar” employment at the time the I-485 is being adjudicated under the adjustment portability provisions. The alien must be able to show there is a new valid offer of employment at the time the I-485 is adjudicated.
So find a new job before I-485 is approved.
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looivy
11-19 02:06 PM
I have H1B visa stamp on passport with my old employer and I have AP, EAD and H1 approval with my new employer. I am planning to travel to India in December. If I use AP on my way back, does that annul my H1 approval with new employer. Pl advise.
paskal
12-22 10:16 PM
Mark you calenders/palms/outlooks etc
AND
watch this space for details on calling in
AND
let us all know if you can attend
Thanks!
AND
watch this space for details on calling in
AND
let us all know if you can attend
Thanks!
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mbartosik
01-30 04:19 PM
Tomorrow we will have something more substantial to release.
I would recommend that tomorrow when we release this that people phone up the local media, speaking with someone is better than email.
I would recommend that tomorrow when we release this that people phone up the local media, speaking with someone is better than email.
more...
manishgc
06-08 02:20 PM
Hi
I am in 7th year extension. I have PD 'Jan 2004 and my I-140 is cleared. (EB3)
If I get extension for 3yrs, can I switch to another Company. And since I have 5 yrs of exp, can I file in EB2?
Thanks in advance.
I am in 7th year extension. I have PD 'Jan 2004 and my I-140 is cleared. (EB3)
If I get extension for 3yrs, can I switch to another Company. And since I have 5 yrs of exp, can I file in EB2?
Thanks in advance.
newuser
05-14 07:48 PM
There is a live debate going on CIR
Currently Rep. Charles Gonzalez ( D-Texas, 20th District, San Antonia) supporting the CIR.
Currently Rep. Charles Gonzalez ( D-Texas, 20th District, San Antonia) supporting the CIR.
more...
ujjvalkoul
01-17 06:03 PM
this is all I found on the EAD Instructions...
Replacement EAD: If this is your replacement applicationand you are applying under one of the following categories, afiling fee is not required:
1. (c)(l), (c)(4), or (c)(7) Dependent of certain foreigngovernment, international organization, or NATOpersonnel.
Form I-765 Instructions (Rev. 07/30/07) Y Page 8
1. The check or money order must be drawn on a bank orother financial institution located in the United Statesand must be payable in U.S. currency; and
USCIS will use the Poverty Guidelines published annually bythe Department of Health and Human Services as the basiccriteria in determining the applicant's eligibility wheneconomic necessity is identified as a factor.
The Poverty Guidelines will be used as a guide, but not as aconclusive standard, in adjudicating fee waiver requests foremployment authorization applications requiring a fee.
You may be eligible for a fee waiver under 8 CFR 103.7(c).
Incorrect Card: No fee is required if you are filing onlybecause the card issued to you was incorrect due to a USCISadministrative error. However, if the error was not caused byUSCIS, both application and biometrics fees are required
Replacement EAD: If this is your replacement applicationand you are applying under one of the following categories, afiling fee is not required:
1. (c)(l), (c)(4), or (c)(7) Dependent of certain foreigngovernment, international organization, or NATOpersonnel.
Form I-765 Instructions (Rev. 07/30/07) Y Page 8
1. The check or money order must be drawn on a bank orother financial institution located in the United Statesand must be payable in U.S. currency; and
USCIS will use the Poverty Guidelines published annually bythe Department of Health and Human Services as the basiccriteria in determining the applicant's eligibility wheneconomic necessity is identified as a factor.
The Poverty Guidelines will be used as a guide, but not as aconclusive standard, in adjudicating fee waiver requests foremployment authorization applications requiring a fee.
You may be eligible for a fee waiver under 8 CFR 103.7(c).
Incorrect Card: No fee is required if you are filing onlybecause the card issued to you was incorrect due to a USCISadministrative error. However, if the error was not caused byUSCIS, both application and biometrics fees are required
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mhtanim
02-23 09:40 PM
If PD is not current, will USCIS process your I-485 application?
NSC indicates that they are processing I-485 applications with notice date of July 30, 3007. Does it mean they have processed all the I-485 applications received (ND) prior to that date even if PD was not current for all those applications?
NSC indicates that they are processing I-485 applications with notice date of July 30, 3007. Does it mean they have processed all the I-485 applications received (ND) prior to that date even if PD was not current for all those applications?
more...
vin13
09-30 09:55 AM
Thanks Chanduv23...this really helps to keep up the spirit.
Does anyone know how long does it take to get the mail?
Does anyone know how long does it take to get the mail?
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insight08
02-01 02:22 PM
Please let me know whether my I-140 will be approved under EB3.I have 3 year bachelors degree(Maths) from India and 2yr diploma from Aptech. Your suggestions will be highly appreciated
Column 14
Education
Grade School : 8 years
High School : 4 years
College : 4 years
College Degree(Required) : Bachelor's Degree
Major Fied of Study : Computer Science*
Column 15
Travel and/or relocation required
*compluter Applications, Computer Information Systems, Electrical, Mechanical, Mathematcis, Physics or its foriegn Education Equivalent. Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.
--I have experienced this myself. You should be fine. Note in Column 15 is going to protect your case. There are 90% chances of not getting any RFE. Even if you do, any english speaking-reading-writing lawyer should get you out of this by writing a simple letter to the Immigration officer at NSC that they should look at column 15 again. "Any suitable combination of education, training or experience is acceptable".
Relax and enjoy!!!
Column 14
Education
Grade School : 8 years
High School : 4 years
College : 4 years
College Degree(Required) : Bachelor's Degree
Major Fied of Study : Computer Science*
Column 15
Travel and/or relocation required
*compluter Applications, Computer Information Systems, Electrical, Mechanical, Mathematcis, Physics or its foriegn Education Equivalent. Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.
--I have experienced this myself. You should be fine. Note in Column 15 is going to protect your case. There are 90% chances of not getting any RFE. Even if you do, any english speaking-reading-writing lawyer should get you out of this by writing a simple letter to the Immigration officer at NSC that they should look at column 15 again. "Any suitable combination of education, training or experience is acceptable".
Relax and enjoy!!!
more...
purplehazea
01-25 04:50 PM
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mhtanim
02-26 02:04 PM
This is correct as per my understanding. As soon as your GC is approved you will need AP to re-enter US. IO at POE will have the information about your approved GC. I do not think he will allow you to enter on H4 after the GC Approval.
This is just my understanding. Check with a attorney to get precise information.
No need for AP. If someone mails him the GC, he can get back to the U.S. with it.
This is just my understanding. Check with a attorney to get precise information.
No need for AP. If someone mails him the GC, he can get back to the U.S. with it.
more...
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toprasad
06-11 07:43 AM
I have copies of all my I-20's and H1B's with me but I never kept copies of I 94 cards. Now if they start asking for all such documents its going to be very difficult. What happens if you are missing an old I20 can you ask school to go thro their records and issue a duplicate. To be honest from 2003 onwards everything is online via SEVIS so they should not even ask us for paper documents. Same with H1 with this new system they have started from this year.
I'm guessing they would need only the latest I-94 copy since we turn in every I-94 at the time of departure from the country. I could be wrong, someone can comment. I have never kept all the I-94's, hope it is not needed.
I'm guessing they would need only the latest I-94 copy since we turn in every I-94 at the time of departure from the country. I could be wrong, someone can comment. I have never kept all the I-94's, hope it is not needed.
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franklin
02-08 04:03 PM
Love to take the poll, but it is excluding all but a section of members - you take it for granted that this is an Indian only forum and organization
more...
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haider420
06-12 07:54 AM
hello,
were u able to find more information on applying for H1B through non-profit? can you send me the links? thanks.
were u able to find more information on applying for H1B through non-profit? can you send me the links? thanks.
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zoooom
03-17 01:40 PM
As far as I know there is no limitation on the size of the company. As long as they are a stable and sound company you are good to go.
more...
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arjun007
02-07 10:17 PM
No .. I did not submit my i-94 while leaving for Canada...
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01-22 12:55 AM
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gcwanter
07-09 01:35 PM
I submitted for PP on June 19th, status never got updated ; lawyer received approval copy on july 5th
Sakthisagar
10-04 08:49 AM
Hello,
Folks, who is in PA, Please take a print out of this document.
http://www.dot3.state.pa.us/pdotforms/fact_sheets/pub195nc.pdf
and show them the column, "Lawful Temporary Residents" they cannot refuse to give licence, the employees in DMV should get a training, Otherwise contact Harrisburg, PA DMV and talk to an officer, get his name and let the people who refuse, to call him and talk to him about the revised law 8 months back.
Folks, who is in PA, Please take a print out of this document.
http://www.dot3.state.pa.us/pdotforms/fact_sheets/pub195nc.pdf
and show them the column, "Lawful Temporary Residents" they cannot refuse to give licence, the employees in DMV should get a training, Otherwise contact Harrisburg, PA DMV and talk to an officer, get his name and let the people who refuse, to call him and talk to him about the revised law 8 months back.
zCool
04-13 06:36 PM
Hello All,
I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.
These are my friend's details --
EB3 -- India.
I140 approved in July 2007.
485 filed in July 2007.
MS in Engg from USA.
MBA in Finance from top ten school in USA.
Has applied for couple of patents in tech field.
Author of few papers in tech field.
My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.
What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.
Also suggested were EB2-NIW and self-employment options.
What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?
I really appreciate all your replies. Pl treat this as very urgent.
Thanks.
Lawyer is correct. letter needs to be from future employer.
EB2 NIW generally can not be applied by Marketing Manager, where is the National interest when you hawk the wares or services? Unless he's marketing Boeing planes and saving jobs thro' his branding brilliance, it's crapshoot..
I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.
These are my friend's details --
EB3 -- India.
I140 approved in July 2007.
485 filed in July 2007.
MS in Engg from USA.
MBA in Finance from top ten school in USA.
Has applied for couple of patents in tech field.
Author of few papers in tech field.
My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.
What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.
Also suggested were EB2-NIW and self-employment options.
What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?
I really appreciate all your replies. Pl treat this as very urgent.
Thanks.
Lawyer is correct. letter needs to be from future employer.
EB2 NIW generally can not be applied by Marketing Manager, where is the National interest when you hawk the wares or services? Unless he's marketing Boeing planes and saving jobs thro' his branding brilliance, it's crapshoot..
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