GCplease
08-16 02:52 PM
I guess we dont have a choice but to pay.
Thank you all for your advise.
One more thing, no form G-28 was given to me to sign. What does this mean?
That is strange. When a legal attorney represents you, you should sign G-28 authorizing the attorney to act on your behalf. Check with the attorney.
Thank you all for your advise.
One more thing, no form G-28 was given to me to sign. What does this mean?
That is strange. When a legal attorney represents you, you should sign G-28 authorizing the attorney to act on your behalf. Check with the attorney.
wallpaper lea michele and dianna agron
chantu
07-16 03:12 PM
Admin :
This kind of question should be banned. You should have some self-respect and show the same towards your native country. If you know you can do it, whats the point of making it public. Go get it done. Are you asking IV to pay the sum on your behalf also ?
Unfortunately, this is the fact in our country. But the thing is he will get it by spending Rs.100 - Rs.200. Here, after spending $10,000 legally for GC..it is nowhere in sight.
This kind of question should be banned. You should have some self-respect and show the same towards your native country. If you know you can do it, whats the point of making it public. Go get it done. Are you asking IV to pay the sum on your behalf also ?
Unfortunately, this is the fact in our country. But the thing is he will get it by spending Rs.100 - Rs.200. Here, after spending $10,000 legally for GC..it is nowhere in sight.
walking_dude
10-25 01:57 PM
Guys, I couldn't reply to you all earlier , here, as I was busy with my job and personal chores.
Let's settle for Yahoo now, as it has powerful features such as Polls and Database that aren't available in Google. Also the Google group created by me has gone into 'La-La land' ( google bugs!)
Here's our new Secure and Trusted Yahoo group
http://groups.yahoo.com/group/ivmi
Here's the latest
1) We are getting our group registered as Official on IV (details sent to IV)
2) News from IV on Legislative updates issues will be posted on the group this weekend (10/20 attendees, be sure to join by then)
3) Some 10/20 Attendees to the meet have been added directly to the group. Others have been sent invites ( Yahoo restricts direct add to 10 per day). Please join ASAP. Let me know if there are any issues [ PM/'Private Message' or E-mail me]. I'll help you get joined.
4) Others, please provide the following details while requesting to join the group.
A) FULL NAME
B) IV handle (N/A for non-members)
C) Telephone [ we'll call you. No request to join will be accepted without Telephone number]
D) City and Zip Code + 4
We will call you to verify and then your request will be accepted. We regret the inability to accomodate anonymous requesters, as we wish to keep our group Secure and Trusted for the purpose of dissemination of sensitive IV information. Your co-operation to make this happen is greatly appreciated.
Let's settle for Yahoo now, as it has powerful features such as Polls and Database that aren't available in Google. Also the Google group created by me has gone into 'La-La land' ( google bugs!)
Here's our new Secure and Trusted Yahoo group
http://groups.yahoo.com/group/ivmi
Here's the latest
1) We are getting our group registered as Official on IV (details sent to IV)
2) News from IV on Legislative updates issues will be posted on the group this weekend (10/20 attendees, be sure to join by then)
3) Some 10/20 Attendees to the meet have been added directly to the group. Others have been sent invites ( Yahoo restricts direct add to 10 per day). Please join ASAP. Let me know if there are any issues [ PM/'Private Message' or E-mail me]. I'll help you get joined.
4) Others, please provide the following details while requesting to join the group.
A) FULL NAME
B) IV handle (N/A for non-members)
C) Telephone [ we'll call you. No request to join will be accepted without Telephone number]
D) City and Zip Code + 4
We will call you to verify and then your request will be accepted. We regret the inability to accomodate anonymous requesters, as we wish to keep our group Secure and Trusted for the purpose of dissemination of sensitive IV information. Your co-operation to make this happen is greatly appreciated.
2011 for chris colfer Dianna
nk2006
10-16 03:56 PM
Hi
Therefore how much would be the time
from after the application will I be able to change my status from H1B
to permanent resident and recieve my greencard? Does the premium
processing shorten the time?
Kambi
Kambi,
First of all let me congratulate you for planning ahead and preparing for getting green card. It�s always better to know the details ahead. The whole process as it stands now can take several years even for people from Rest-Of-World (for people born in India, China and Mexico its much, much, much worse). In general LC/PERM and I140 can be done in about six months time (give or take a few months which should not bother you much as you will be in early days of H1b). I485 is the step that takes longest and the processing times depend on the job classification. With current laws it can take several years before even you can submit application. But if SKIL bill or something similar is passed in US congress; your whole application process time can come down drastically (well there might still some issues because of load, but at least you can change jobs and still continue the process). Now the question is will that SKIL bill will be passed or not? � it�s beyond anyone�s guess but it is possible if we as a group try harder and do everything that we can. This is once in a long while chance to change our plight. Many analysts/experts feel that contentious issues like immigration will not be taken up near presidential elections which are in �08 so our best chance is next few months. Please spread the word about IV among your friends/peers.
I am directly appealing to you because I have talked to many young friends like you who are in school. Their general attitude is it�s not their problem and that they are far too away from the point to worry about GC. Guess what, I used to think same a few years back and am here stuck in this retrogession. One good thing is now we have an organized effort (thanks to IV core team) and IV team showed us that they know what they are doing and are putting serious effort. Please spread the word about IV and make them members.
IV core/pappu,
You might have already done this but still thought of suggesting: most of universities in US have lots of foreign students in masters and bachelors programs and they have associations like Chinese students association, Indian students association. Can we send them info about IV; specifically explaining them how Greencard/H1B delays can cause issues with their career and explaining how IV is trying to get the SKIL bill passed. That bill is a lot advantageous for people getting degrees in USA and they should be excited to become members. Since these guys/gals are young and energetic their involvement would be really good for us. A group of people can volunteer and collect email addresses of these associations and we can send a general format letter to them. I volunteer to do some work in this effort. Let us know. Thanks.
Therefore how much would be the time
from after the application will I be able to change my status from H1B
to permanent resident and recieve my greencard? Does the premium
processing shorten the time?
Kambi
Kambi,
First of all let me congratulate you for planning ahead and preparing for getting green card. It�s always better to know the details ahead. The whole process as it stands now can take several years even for people from Rest-Of-World (for people born in India, China and Mexico its much, much, much worse). In general LC/PERM and I140 can be done in about six months time (give or take a few months which should not bother you much as you will be in early days of H1b). I485 is the step that takes longest and the processing times depend on the job classification. With current laws it can take several years before even you can submit application. But if SKIL bill or something similar is passed in US congress; your whole application process time can come down drastically (well there might still some issues because of load, but at least you can change jobs and still continue the process). Now the question is will that SKIL bill will be passed or not? � it�s beyond anyone�s guess but it is possible if we as a group try harder and do everything that we can. This is once in a long while chance to change our plight. Many analysts/experts feel that contentious issues like immigration will not be taken up near presidential elections which are in �08 so our best chance is next few months. Please spread the word about IV among your friends/peers.
I am directly appealing to you because I have talked to many young friends like you who are in school. Their general attitude is it�s not their problem and that they are far too away from the point to worry about GC. Guess what, I used to think same a few years back and am here stuck in this retrogession. One good thing is now we have an organized effort (thanks to IV core team) and IV team showed us that they know what they are doing and are putting serious effort. Please spread the word about IV and make them members.
IV core/pappu,
You might have already done this but still thought of suggesting: most of universities in US have lots of foreign students in masters and bachelors programs and they have associations like Chinese students association, Indian students association. Can we send them info about IV; specifically explaining them how Greencard/H1B delays can cause issues with their career and explaining how IV is trying to get the SKIL bill passed. That bill is a lot advantageous for people getting degrees in USA and they should be excited to become members. Since these guys/gals are young and energetic their involvement would be really good for us. A group of people can volunteer and collect email addresses of these associations and we can send a general format letter to them. I volunteer to do some work in this effort. Let us know. Thanks.
more...
Maverick1
11-16 01:45 PM
Let me restate to make sure I understood your question right :
Are you currently working as described in "A" and going to join a job as described in "B" ?
They don't look similar to me. If your LC was files verbatim as described in "A" and the new job description from your new employer is going to be as described in "B" you will have an issue.
As always the standard disclaimer : Take a legal advise. But it appears even to a lay man that they are not same/similar as described by you.
Do the following job descriptions qualify for AC21 provided all other factors such as salary and 485 pending for 180+ days have been met
Job A: Techincal Consultant
- Configures and implements risk management solutions using ASP.NET, VB.NET, XML, XSLT/XPATH.
- Basic working understanding of SQL Server, Oracle and related query language and tools
- Consulting development experience in IT or Systems Integration
- Excellent communication skills; written and verbal.
Job B: Project Manager
- Accomplishes project objectives by planning and evaluating project activities.
- Creates and executes project work plans and revises as appropriate to meet changing needs and requirements
- Identifies resources needed and assigns individual responsibilities.
- Manages day-to-day operational aspects of a project and scope.
- Reviews deliverables prepared by team before passing to client.
etc etc.
On promotion with the same employer, i will have responsibilities for job B but i am looking to change employers. can i join new employer with job B and use AC21 ?
Are you currently working as described in "A" and going to join a job as described in "B" ?
They don't look similar to me. If your LC was files verbatim as described in "A" and the new job description from your new employer is going to be as described in "B" you will have an issue.
As always the standard disclaimer : Take a legal advise. But it appears even to a lay man that they are not same/similar as described by you.
Do the following job descriptions qualify for AC21 provided all other factors such as salary and 485 pending for 180+ days have been met
Job A: Techincal Consultant
- Configures and implements risk management solutions using ASP.NET, VB.NET, XML, XSLT/XPATH.
- Basic working understanding of SQL Server, Oracle and related query language and tools
- Consulting development experience in IT or Systems Integration
- Excellent communication skills; written and verbal.
Job B: Project Manager
- Accomplishes project objectives by planning and evaluating project activities.
- Creates and executes project work plans and revises as appropriate to meet changing needs and requirements
- Identifies resources needed and assigns individual responsibilities.
- Manages day-to-day operational aspects of a project and scope.
- Reviews deliverables prepared by team before passing to client.
etc etc.
On promotion with the same employer, i will have responsibilities for job B but i am looking to change employers. can i join new employer with job B and use AC21 ?
justin150377
07-17 02:20 PM
Screw Murthy !!! I have never seen him picking up any good news.
Murthy is a she...and I would but I'm not single. ;)
Murthy is a she...and I would but I'm not single. ;)
more...
virtual55
05-06 06:41 PM
This conference is for lawyers and employers and organized by lawyers. The organizers are charging fees for it too.
So what will IV gain by meeting lawyers and paying money to just get in?
Or by showing our face to USCIS official, Do you think by showing your face you will get your greencard and can promote IV? If that is true why don't you go and sit in front of USCIS and show your face to everyone entering that building?
And if you want to go then go. Why do you want IV to pay your $350?
First use your common sense and think positively instead of commenting posts
So what will IV gain by meeting lawyers and paying money to just get in?
Or by showing our face to USCIS official, Do you think by showing your face you will get your greencard and can promote IV? If that is true why don't you go and sit in front of USCIS and show your face to everyone entering that building?
And if you want to go then go. Why do you want IV to pay your $350?
First use your common sense and think positively instead of commenting posts
2010 Dianna Agron, Cory Monteith
immi2006
08-17 09:29 AM
Most folks here would have used a lens to double check their APplns before mailing it.
If your friend wants to know ask him to join IV , why are you proxying for him > He shud be more worried than you. Pls talk to a professional lawyer on this situation, I am sure none of the folks here can advise on this,
Please
If your friend wants to know ask him to join IV , why are you proxying for him > He shud be more worried than you. Pls talk to a professional lawyer on this situation, I am sure none of the folks here can advise on this,
Please
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morchu
04-21 02:45 PM
Try to be "truthful" in the "intent".
You are NOT loosing "anything" by filing a second LC at the new location. You keep your priority date, and PERM is fast and I-140 processing time is 4 months or so.
If they see a chance of "fraud" intention, USCIS may call you for interview and if they were able to interpret your intentions as fraud, it is going to be really costly.
Also you need full support from your employer, and might need to show that the offered "permanent position as mentioned in LC" exists at the time of 485 filing.
-Morchu
[QUOTE=fromnaija;335920]Yes, if you are sure of moving back to the job location specified in the Labor Certification you may not have to restart the process. If you know you will not move back, youand your employer will be commiting immigration fraud if a new LC is not applied.
what kind of evidence you need to provide to show the intention that you will move back to the original location!
You are NOT loosing "anything" by filing a second LC at the new location. You keep your priority date, and PERM is fast and I-140 processing time is 4 months or so.
If they see a chance of "fraud" intention, USCIS may call you for interview and if they were able to interpret your intentions as fraud, it is going to be really costly.
Also you need full support from your employer, and might need to show that the offered "permanent position as mentioned in LC" exists at the time of 485 filing.
-Morchu
[QUOTE=fromnaija;335920]Yes, if you are sure of moving back to the job location specified in the Labor Certification you may not have to restart the process. If you know you will not move back, youand your employer will be commiting immigration fraud if a new LC is not applied.
what kind of evidence you need to provide to show the intention that you will move back to the original location!
hair Lea Michele and Dianna Agron
english_august
07-18 09:27 AM
And that is the reason why I am saying that this is but a small step in the right direction. It is nowhere near the long term solution that we need to work for. In your euphoria, please don't forget that we have a long struggle in front of us and Immigration Voice needs all the support that you can give.
Remember that IV is the only organization that gives voice to skilled, legal immigrants - please help make it stronger.
See below:
Taken from www.immigration-law.com (http://www.immigration-law.com)
07/18/2007: Reinstatement of Original July Visa Bulletin and Uncertain Impact on Pre-July "Tagged" EB-485 Applications and Processing Time of I-485 Applications in the Future
The other EB-485 waiters will turn out to be a big victim to the DOS/USCIS decision yesterday. Since there will be no visa numbers available until October 1, 2007, the people whose EB-485 applications were "not tagged" before July 1 will experience a tremendous delay in obtaining the green card. When it comes to the delays in obtaining the green card approvals, the new filers in July and those filers before August 17 will also witness a tremendous delays and will have to endure a long and long journey to leave the pipeline of the green card process. Why? As we reported quite earlier in this visa fiasco, we even estimated that approximately 750,000 individual EB-485 applications can be poured into the system during this unusual period of visa number availability as affected by the upcoming filing fee increases and more importantantly the anticipated potential huge visa number retrogression ahead during when they may not be able to file their 485 applications because of the retrogression. After all, the system has only 140,000 numbers for the entire EB categories for each year. Go figure! What would look like the waiting time for the current EB-485 filers and the current EB-485 filers before July 1, 2007!
Remember that IV is the only organization that gives voice to skilled, legal immigrants - please help make it stronger.
See below:
Taken from www.immigration-law.com (http://www.immigration-law.com)
07/18/2007: Reinstatement of Original July Visa Bulletin and Uncertain Impact on Pre-July "Tagged" EB-485 Applications and Processing Time of I-485 Applications in the Future
The other EB-485 waiters will turn out to be a big victim to the DOS/USCIS decision yesterday. Since there will be no visa numbers available until October 1, 2007, the people whose EB-485 applications were "not tagged" before July 1 will experience a tremendous delay in obtaining the green card. When it comes to the delays in obtaining the green card approvals, the new filers in July and those filers before August 17 will also witness a tremendous delays and will have to endure a long and long journey to leave the pipeline of the green card process. Why? As we reported quite earlier in this visa fiasco, we even estimated that approximately 750,000 individual EB-485 applications can be poured into the system during this unusual period of visa number availability as affected by the upcoming filing fee increases and more importantantly the anticipated potential huge visa number retrogression ahead during when they may not be able to file their 485 applications because of the retrogression. After all, the system has only 140,000 numbers for the entire EB categories for each year. Go figure! What would look like the waiting time for the current EB-485 filers and the current EB-485 filers before July 1, 2007!
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chanduv23
03-06 01:08 PM
I will do that first thing Monday. Thanks for the initiative Pappu
hot lea michele and dianna agron
balan2008
07-07 05:46 PM
Who ever is dependent, they have to be in the relationship with the Primary until the GC is approved. If the relationship gets broken before the GC approval, the dependent's GC will be denied. But again, if the USCIS is not aware of the divorce and no RFE's then even the dependent also gets approved. But one should always inform USCIS about their change in Status, it may be an Address Change, Employer Change, Marital Status change.
The Primary's GC application will not be affected with the Divorce.
Thanks for the valuable information. But we all know the I-485 process take long period of time. Mean time if I marry again, do I have to wait for the priority date to be current in order to Apply I-485 for my new wife?
thanks
balan.
The Primary's GC application will not be affected with the Divorce.
Thanks for the valuable information. But we all know the I-485 process take long period of time. Mean time if I marry again, do I have to wait for the priority date to be current in order to Apply I-485 for my new wife?
thanks
balan.
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house DIANNA AGRON AND LEA MICHELE
Hassan11
08-24 03:43 PM
Hi. I am sorry if I am posting this on the wrong thread but I am trying to get some help or suggestions.
I have a question regarding an appeal I did a year ago for a rejected LC.
I have an approved LC and I-140 on an entry level position (EB3) with my company. after I got a promotion to a senior position that requires a masters degree but with a smilar job description but more senior and supervisory responsabilities with the same company. after promotion, I filed for a new LC (EB2) but it got rejected because DOL thinks it is the same position as the already approved LC. my company and I wrote a letter as an appeal on Sep 2006 within 30 days from rejection of LC to BALCA explaining that new position requires a masters degree and it is a senior position with more supervisory duties. as of today, almost a year later, we haven't heard anything regarding DOL (BALCA) decision on my appeal. is anybody in the same situation?? what should I do next?? also I read somewhere that DOl might revoke the already approved LC EB3 after I filed a second LC for EB2 with the same employer. can DOL revoke the first LC EB3 after I have an approved I-140?? please help. Thanks
I have a question regarding an appeal I did a year ago for a rejected LC.
I have an approved LC and I-140 on an entry level position (EB3) with my company. after I got a promotion to a senior position that requires a masters degree but with a smilar job description but more senior and supervisory responsabilities with the same company. after promotion, I filed for a new LC (EB2) but it got rejected because DOL thinks it is the same position as the already approved LC. my company and I wrote a letter as an appeal on Sep 2006 within 30 days from rejection of LC to BALCA explaining that new position requires a masters degree and it is a senior position with more supervisory duties. as of today, almost a year later, we haven't heard anything regarding DOL (BALCA) decision on my appeal. is anybody in the same situation?? what should I do next?? also I read somewhere that DOl might revoke the already approved LC EB3 after I filed a second LC for EB2 with the same employer. can DOL revoke the first LC EB3 after I have an approved I-140?? please help. Thanks
tattoo dianna agron and lea michele
gemini23
07-27 03:21 PM
thanks for all the answers.
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pictures Dianna Agron, kissing Alex
fcres
08-16 11:02 AM
I recently visited India in June 07. I didn't wanna go and waste a couple of dayz in chennai so wanted to use ma AP. While returnin I showed ma PP to the Immigration officer, he asked me where ma VISA was. I told him i have an AP and showed it to him.. He wasn't surprized. he just let me get in after stampin a seal on my PP.
At Germany (coz i flew via lufthansa) the lady asked my VISA again. I showed her my AP... she suddenly understood and asked me if i had applied for a GC. I said yes.. she signed a form and let me check in at the counter.
Its so simple no problem at all.
Happy Journey...
OT.. So are you working on H1 now for the same employer? Just wanted to make sure you can use AP to travel and work on H1 and don't have to use EAD.
At Germany (coz i flew via lufthansa) the lady asked my VISA again. I showed her my AP... she suddenly understood and asked me if i had applied for a GC. I said yes.. she signed a form and let me check in at the counter.
Its so simple no problem at all.
Happy Journey...
OT.. So are you working on H1 now for the same employer? Just wanted to make sure you can use AP to travel and work on H1 and don't have to use EAD.
dresses Back row L-R: Dianna Agron,
dupedinjuly
07-18 05:00 PM
You Status date needs to be before USCIS receipt date.
USCIS Receipt Date = Date the USCIS mail room assigns on the working day, when package is received.
Status date = I-94 Issue date.
You can come on August 15 at 11 pm, but if your filight is late by an hour then, you I-94 issue date will be Aug 16. ? You are cutting it too close.
I have not heard of them looking at time, they go by date. If you are in at 12:01 am then your date will be 8/16/07
Not clear if the I-94 is issued on Aug 16 and receipt date is Aug 16, then what will happen ?
It would be safe to mail the application on Aug 16 by Fedex with USCIS receipt date of Aug 17, it will take care, if your filight is delayed.
I-485 Courier Mailing address for Nebraska Service Center
USCIS Nebraska Service Center
850 S Street
( Ref: P. O. Box 87485 )
Lincoln, NE - 68508
Find out the right Courier address for your service center if its not Nebraska.
Could somebody explain to me, please, how is it working with the receipt date?
I will be going to my home country on July 21st and coming back on August 15th, 11:00 PM.......
.....my question is: if my lawyer will send the I-485 package on August 15, at 4 PM.....( and I arrive in U.S on August 15 but at 11:00 PM)...the package hits the Uscis on August 16......is it ok? when Uscis sees that I'm physically in U.S?......is it the date when the package hits Uscis or the date when the package was sent by the lawyer......what is the postal mark that Uscis takes into consideration?: the date when Fedex is sending the package( exact date of delivery) OR the date the package arrives at Uscis mailroom?
OR ...Uscis will look at the I-94( when I'm coming back the officer at the port of entry will give me a new I-94) and Uscis will see that I arrived on August 15, at 11:00 PM?
Could someone please clarify this as depending on this I have to change the schedule of my plane flight.
I would really appreciate this.
Thank you in advance!
USCIS Receipt Date = Date the USCIS mail room assigns on the working day, when package is received.
Status date = I-94 Issue date.
You can come on August 15 at 11 pm, but if your filight is late by an hour then, you I-94 issue date will be Aug 16. ? You are cutting it too close.
I have not heard of them looking at time, they go by date. If you are in at 12:01 am then your date will be 8/16/07
Not clear if the I-94 is issued on Aug 16 and receipt date is Aug 16, then what will happen ?
It would be safe to mail the application on Aug 16 by Fedex with USCIS receipt date of Aug 17, it will take care, if your filight is delayed.
I-485 Courier Mailing address for Nebraska Service Center
USCIS Nebraska Service Center
850 S Street
( Ref: P. O. Box 87485 )
Lincoln, NE - 68508
Find out the right Courier address for your service center if its not Nebraska.
Could somebody explain to me, please, how is it working with the receipt date?
I will be going to my home country on July 21st and coming back on August 15th, 11:00 PM.......
.....my question is: if my lawyer will send the I-485 package on August 15, at 4 PM.....( and I arrive in U.S on August 15 but at 11:00 PM)...the package hits the Uscis on August 16......is it ok? when Uscis sees that I'm physically in U.S?......is it the date when the package hits Uscis or the date when the package was sent by the lawyer......what is the postal mark that Uscis takes into consideration?: the date when Fedex is sending the package( exact date of delivery) OR the date the package arrives at Uscis mailroom?
OR ...Uscis will look at the I-94( when I'm coming back the officer at the port of entry will give me a new I-94) and Uscis will see that I arrived on August 15, at 11:00 PM?
Could someone please clarify this as depending on this I have to change the schedule of my plane flight.
I would really appreciate this.
Thank you in advance!
more...
makeup Lea Michele and Diana Agron
a_yaja
10-05 11:07 PM
yep .. that was my thinking.
Have seen a lot of posts where people insist that on EAD the job that you do needs to match the one you did on h1 .. at least 50%.
So am looking for documentation on what the exact rules are related to an EAD.
Any weblinks on this?
I think there is some confusion in the way you have asked your question. Your question is really about AC21 and not EAD. AC21, among many things, allows one to change employers 180 days after the filing of the I-485 as long as the new job is same or similar to the job description in your Labor Certification. If this is what you are asking - then this has nothing to do with EAD. You can invoke AC21 even on H1B.
EAD stands for Employment Authorization Document. It is a means by which a person can work legally in the U.S. Students who have completed requirement for a degree are eligible for EAD, anyone who has applied for I-485 is eligible for EAD, anyone who has applied for refugee status is eligible for EAD. Anyone who has an EAD is not restricted to a job category or classification which is unlike the H1B which is specific to a job, its classification, its location, employer, wage requirements, etc. If your I-485 is employment based and you have an EAD, you can quit your job and work in McDonalds as a cashier. The EAD will not prevent you from doing this. However, your I-485 application is no longer approvabe and it will be denied (this does not mean that you should quit your job and take up a waiter's job to see if the above statement is true - if you do - you are doing so at your own risk). And once your I-485 is denied, then your EAD is automatically invalid.
What you really need to look up is the American Competitiveness In the Twenty-first Century Act (in short - AC21). This is the one that governs if your I-485 is approvable (a.k.a "getting a Green Card") or not after you change your job. Again, this applies to only if you are the primary applicant for an Employment Based I-485. If your I-485 application is based on marriage to a US citizen or is based on Family Ties to a US citizen or is based on application for Refugee Status (or any other category like finishing 4 year degree or higher in a US university), then the job you take up will not affect your I-485 application. Even dependents like spouse and children of an employment based I-485 applicatant can take up any job with an EAD and it will not affect the I-485 process.
Have seen a lot of posts where people insist that on EAD the job that you do needs to match the one you did on h1 .. at least 50%.
So am looking for documentation on what the exact rules are related to an EAD.
Any weblinks on this?
I think there is some confusion in the way you have asked your question. Your question is really about AC21 and not EAD. AC21, among many things, allows one to change employers 180 days after the filing of the I-485 as long as the new job is same or similar to the job description in your Labor Certification. If this is what you are asking - then this has nothing to do with EAD. You can invoke AC21 even on H1B.
EAD stands for Employment Authorization Document. It is a means by which a person can work legally in the U.S. Students who have completed requirement for a degree are eligible for EAD, anyone who has applied for I-485 is eligible for EAD, anyone who has applied for refugee status is eligible for EAD. Anyone who has an EAD is not restricted to a job category or classification which is unlike the H1B which is specific to a job, its classification, its location, employer, wage requirements, etc. If your I-485 is employment based and you have an EAD, you can quit your job and work in McDonalds as a cashier. The EAD will not prevent you from doing this. However, your I-485 application is no longer approvabe and it will be denied (this does not mean that you should quit your job and take up a waiter's job to see if the above statement is true - if you do - you are doing so at your own risk). And once your I-485 is denied, then your EAD is automatically invalid.
What you really need to look up is the American Competitiveness In the Twenty-first Century Act (in short - AC21). This is the one that governs if your I-485 is approvable (a.k.a "getting a Green Card") or not after you change your job. Again, this applies to only if you are the primary applicant for an Employment Based I-485. If your I-485 application is based on marriage to a US citizen or is based on Family Ties to a US citizen or is based on application for Refugee Status (or any other category like finishing 4 year degree or higher in a US university), then the job you take up will not affect your I-485 application. Even dependents like spouse and children of an employment based I-485 applicatant can take up any job with an EAD and it will not affect the I-485 process.
girlfriend Dianna Agron and Lea Michele
wandmaker
02-16 12:58 PM
Hi Everyone,
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
For Q1, Please call 1-866-487-2365
For Q2, Please call 1-800-375-5283
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
For Q1, Please call 1-866-487-2365
For Q2, Please call 1-800-375-5283
hairstyles Lea-michele-dianna-agron-kiss-
140jibjab
01-08 04:36 PM
When you go to get social security # with I797 the Buddas/Buddis at the counter wil ask for the Passport and Stamping..... and just the 797 will not suffice....
ita
01-16 11:13 AM
Thank you so much vin13.
So in the case of company C's H1 it will be part of yearly quota and so will have to go through lottery system right?
So there will be a chance of H1 not going through the lottery(no matter even if the applicant was on H1 before)?
Thank you again.
Lets say , you move out of H1-b (company A)and start using your EAD (at Company B). Now after a few weeks you find another employer (company C) who is willing to do your H1-B. Then this is subject to the yearly Quota because you lost your H1-B status immediately after you started using your EAD (at Company B).
You can now move to Company C using your EAD and then apply under the new quota for H1-B in April for a start date of October (new fiscal year). Company C may not be reluctant or hesitant in your case because you can keep working for them from Day 1 and you continue on your EAD even if you do not get H1-B.
Company C will be hesitant only if you do not have EAD and you need to wait for the approval before you can work.
So in the case of company C's H1 it will be part of yearly quota and so will have to go through lottery system right?
So there will be a chance of H1 not going through the lottery(no matter even if the applicant was on H1 before)?
Thank you again.
Lets say , you move out of H1-b (company A)and start using your EAD (at Company B). Now after a few weeks you find another employer (company C) who is willing to do your H1-B. Then this is subject to the yearly Quota because you lost your H1-B status immediately after you started using your EAD (at Company B).
You can now move to Company C using your EAD and then apply under the new quota for H1-B in April for a start date of October (new fiscal year). Company C may not be reluctant or hesitant in your case because you can keep working for them from Day 1 and you continue on your EAD even if you do not get H1-B.
Company C will be hesitant only if you do not have EAD and you need to wait for the approval before you can work.
amsgc
06-16 12:35 AM
Murali,
It is always good to have your documents in order. If you are aware of the problem, why don't you have it fixed?
It may very well be a typo. on the card, and everything else may be in order. For example, what does it say on your credit report? If it is the other way round, then there is problem that must be fixed.
I would have it fixed it anyway.
Dear Friends
I have a big problem , my name is correct on passport, birthcertificate , H1 but my social security card has my name swapped. I never bothered to change all these years but I hear name check so I am worried.
Will my 1-485 case get stuck because of this
is it a good idea to change the name on SSN now.
Any suggestions.
Thanks
Murali
It is always good to have your documents in order. If you are aware of the problem, why don't you have it fixed?
It may very well be a typo. on the card, and everything else may be in order. For example, what does it say on your credit report? If it is the other way round, then there is problem that must be fixed.
I would have it fixed it anyway.
Dear Friends
I have a big problem , my name is correct on passport, birthcertificate , H1 but my social security card has my name swapped. I never bothered to change all these years but I hear name check so I am worried.
Will my 1-485 case get stuck because of this
is it a good idea to change the name on SSN now.
Any suggestions.
Thanks
Murali