dilipb
04-21 04:38 PM
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solaris27
08-15 08:58 AM
Q. How soon can I leave my petitioning employer once I get my green card approval?
A. There is no brief answer to this question. Let me explain. The basic premise (or theory) behind permanent residence through offer of employment is that an employee is accepting a job on a "permanent" bases. What does "permanent" mean? Does it mean for ever. Obviously not. That would be unreasonable. But "permanent" also does not mean that you pack your bags the moment you receive your green card. So what is the answer? No one really knows. Each case has to be determined upon its own merits. Normally, I would say working for one year or more with the same employer after getting your GC is PROBABLY enough indication of permanency. Less than 4-5 months is perhaps evidence to the contrary
But REMEMBER, this is just my own guess. Technically speaking, the moment you decide that you will leave after a certain period of time, "permanent" intent is gone. Catch-22 eh? Well that is the way it is.
There may be considerable relaxation in this interpretation because in the year 2001 Congress enacted a law that permits employees to leave an employer even while their I-485 is pending. We do not have the regulations or any detailed guidance on these issues.
FREQUENTLY ASKED QUESTIONS
----------------------------------------------
Q. I did not willingly left the GC sponsor employer but actually after three months I got my GC, i got laid off from the project and due to the bad economy , my employer was not able to get me other project so he gave me letter saying that he wont be able to pay me salary since he doesnt have any project for me.And, after getting that letter I resigned from GC sponsor employer.
This is the whole scenario, now considering it, Am I still at risk?
A. There are no clear rules as we have stated above. But, In my opinion, there is no risk in this scenario. You acted in good faith to continue the job, but your employer could not continue to employ you.
Q. I am employed at the XYZ University (XYZU). I applied for 485 myself (without attorney). My 485 was approved last month and I got my passport stamped in July. My contract with XYZU is coming to an end. My job is renewed every year based on the availability of funding. I have been with XYZU for the last 5 years. There is a possibility that they (XYZU) may not extend the contract because the research grant I got is coming to an end in september.
Will my termination from the job at XYZU affect my Green Card in the future, and is it better to be terminated from service (based on unavailability of funding) by the WVU or is it better to offer my resignation?
A. I think it is better to be terminated. There are no clear rules as we have stated above. But, In my opinion, there is no risk in this scenario. You acted in good faith to continue the job, but your employer could not continue to employ you.
A. There is no brief answer to this question. Let me explain. The basic premise (or theory) behind permanent residence through offer of employment is that an employee is accepting a job on a "permanent" bases. What does "permanent" mean? Does it mean for ever. Obviously not. That would be unreasonable. But "permanent" also does not mean that you pack your bags the moment you receive your green card. So what is the answer? No one really knows. Each case has to be determined upon its own merits. Normally, I would say working for one year or more with the same employer after getting your GC is PROBABLY enough indication of permanency. Less than 4-5 months is perhaps evidence to the contrary
But REMEMBER, this is just my own guess. Technically speaking, the moment you decide that you will leave after a certain period of time, "permanent" intent is gone. Catch-22 eh? Well that is the way it is.
There may be considerable relaxation in this interpretation because in the year 2001 Congress enacted a law that permits employees to leave an employer even while their I-485 is pending. We do not have the regulations or any detailed guidance on these issues.
FREQUENTLY ASKED QUESTIONS
----------------------------------------------
Q. I did not willingly left the GC sponsor employer but actually after three months I got my GC, i got laid off from the project and due to the bad economy , my employer was not able to get me other project so he gave me letter saying that he wont be able to pay me salary since he doesnt have any project for me.And, after getting that letter I resigned from GC sponsor employer.
This is the whole scenario, now considering it, Am I still at risk?
A. There are no clear rules as we have stated above. But, In my opinion, there is no risk in this scenario. You acted in good faith to continue the job, but your employer could not continue to employ you.
Q. I am employed at the XYZ University (XYZU). I applied for 485 myself (without attorney). My 485 was approved last month and I got my passport stamped in July. My contract with XYZU is coming to an end. My job is renewed every year based on the availability of funding. I have been with XYZU for the last 5 years. There is a possibility that they (XYZU) may not extend the contract because the research grant I got is coming to an end in september.
Will my termination from the job at XYZU affect my Green Card in the future, and is it better to be terminated from service (based on unavailability of funding) by the WVU or is it better to offer my resignation?
A. I think it is better to be terminated. There are no clear rules as we have stated above. But, In my opinion, there is no risk in this scenario. You acted in good faith to continue the job, but your employer could not continue to employ you.
Chicago Desi
03-31 11:16 AM
Im on my 8th year on H1. still stuck in Labor :(
My company is giving me a promotion and a raise in salary. Do i have to inform Labor about any of this ??!!
If after getting promotion your duties change dramatically, say from a programmer you get promoted to manager then you need a new H1. Otherwise, its only the gradual change then every thing is OK. For example, from progammer you are promoted to sr. developer :)
My company is giving me a promotion and a raise in salary. Do i have to inform Labor about any of this ??!!
If after getting promotion your duties change dramatically, say from a programmer you get promoted to manager then you need a new H1. Otherwise, its only the gradual change then every thing is OK. For example, from progammer you are promoted to sr. developer :)
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i4u
07-28 08:57 AM
Thanks for your response. I have not tried the infopass yet. But my PD is not current and will that be an issue for scheduling an Infopass apointment.
Also, is Infopass same as Service Request (SR).
Service Request is for those who are waiting for more than 90 days for check clearance or to report a problem. Also check IV wikki (http://immigrationvoice.org/wiki/index.php/Technical_Terms_on_US_Immigration)
Also, is Infopass same as Service Request (SR).
Service Request is for those who are waiting for more than 90 days for check clearance or to report a problem. Also check IV wikki (http://immigrationvoice.org/wiki/index.php/Technical_Terms_on_US_Immigration)
more...
senthil1
09-19 06:45 PM
Yes any bill which has H1b increase will have slim chance of passing. Also whenever Cornyn introduces bill Durbin introduces his bill(SA2238)
and pro-mmigrants/Corporations will not accept Durbin bill so both will fail. This was a drama for some time in past. This may be another drama in this year. If it needs to be passed then both the bills need to be diluted to get support of some key neutral congressmen.
Before this discussion thread grows bigger and hopes get inflated, I thought I should quote logiclife's post on "Order to Lie on the Table", that was discussed sometime ago for a different amendment. Enjoy the logic and humor.
and pro-mmigrants/Corporations will not accept Durbin bill so both will fail. This was a drama for some time in past. This may be another drama in this year. If it needs to be passed then both the bills need to be diluted to get support of some key neutral congressmen.
Before this discussion thread grows bigger and hopes get inflated, I thought I should quote logiclife's post on "Order to Lie on the Table", that was discussed sometime ago for a different amendment. Enjoy the logic and humor.
Uncertain
04-15 02:34 PM
I am in.
What do I need to do apart from contributions and convincing other friends to vote on the above thread?
What do I need to do apart from contributions and convincing other friends to vote on the above thread?
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tikka
05-31 02:32 PM
Contributed $350 so far. Will contribute another $100 today.
Awesome!!
Thank you !
Awesome!!
Thank you !
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tonyHK12
02-19 01:19 PM
you may find this helpful. it provides info on I-130 and I-485 and the documents you need to file. if he is clean (no criminal background, issues with legal status etc) then you should not have any problems. Good luck and congrats on your marriage.
Useful link, however it appears her husband is an illegal immigrant failing the legal status clause.
@Blondygirl: This forum is for employment based legal immigration and no one would know what to with the undocumented. We generally try to be "Neutral" on illegal immigration.
Useful link, however it appears her husband is an illegal immigrant failing the legal status clause.
@Blondygirl: This forum is for employment based legal immigration and no one would know what to with the undocumented. We generally try to be "Neutral" on illegal immigration.
more...
walking_dude
10-31 02:48 PM
Everyone,
Please provide your First Name, Last Name, Telephone Number, E-mail id (Yahoo). We will call you and let you in ( requests without Telephone numbers will not be approved)
Here's the link to MI Chapter Yahoo group
http://groups.yahoo.com/group/ivmi
We can end this GC mess Together
Please provide your First Name, Last Name, Telephone Number, E-mail id (Yahoo). We will call you and let you in ( requests without Telephone numbers will not be approved)
Here's the link to MI Chapter Yahoo group
http://groups.yahoo.com/group/ivmi
We can end this GC mess Together
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Chicago Desi
03-31 11:14 AM
...Because as per law you cannot have different job duties until you get your gc and max one year beyond that...
Your statement is true in the sense that H1B candidate must work on the same duties described in LC but you are wrong in saying that one has to wait one year after getting GC to have different job duties.
Your statement is true in the sense that H1B candidate must work on the same duties described in LC but you are wrong in saying that one has to wait one year after getting GC to have different job duties.
more...
s416504
10-11 03:47 PM
I recently filed 3 year H1B extention and My lawyer asked me following list of things ...
a. a copy of your updated CV/resume.
b. Copy of your earlier H-1B and I-797 approval
c. Copy of your I-140 I-797 approval notice.
d. Copy of I-485 I-797 fee receipts for you and each family member.
e. Very clear copy of each family members' passports ID/expiration page (preferably color).
f. Very clear copy of each family members' most recent US visa (preferably color) and their I-94s.
g. Copy of EAD and advance paroles for you and each family member.
That indicated USCIS may be looking at I140 as well as I485.
So there is no clear cut answer for your question. I guess Your H1B extention could be risky..
Other question for you... You said Your I140 approved in Jan-2009 & job changed in Feb-2009.
I am not sure, For AC21, 180 days counted from I140 approved date OR I485 filed date. If that's from I-485 filed date, Looks you are safe for your H1B extention.
I still advice you to use well know attorney (Khanna/Murthy) for this type of critical questions.
a. a copy of your updated CV/resume.
b. Copy of your earlier H-1B and I-797 approval
c. Copy of your I-140 I-797 approval notice.
d. Copy of I-485 I-797 fee receipts for you and each family member.
e. Very clear copy of each family members' passports ID/expiration page (preferably color).
f. Very clear copy of each family members' most recent US visa (preferably color) and their I-94s.
g. Copy of EAD and advance paroles for you and each family member.
That indicated USCIS may be looking at I140 as well as I485.
So there is no clear cut answer for your question. I guess Your H1B extention could be risky..
Other question for you... You said Your I140 approved in Jan-2009 & job changed in Feb-2009.
I am not sure, For AC21, 180 days counted from I140 approved date OR I485 filed date. If that's from I-485 filed date, Looks you are safe for your H1B extention.
I still advice you to use well know attorney (Khanna/Murthy) for this type of critical questions.
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DDash
03-28 03:57 PM
I got this from different website(not sure if I can quote here).
Before going /planning for a perticular consualte, you can email the consulate with a i797 copy asking them to check if it exists in their system. If it doesn't then they will request concerned athorities to make it available in system so that you won't get stuck with PIMS delay. So far I have heard mexico/canada consualte responding to emails positively.
I will be mailing(canada consulate) them soon. Will keep you updated if i hear anything from them. if it works..its indeed a good options for us.:D
I will have to go for a stamping soon and this info will help. Thanks! :)
Before going /planning for a perticular consualte, you can email the consulate with a i797 copy asking them to check if it exists in their system. If it doesn't then they will request concerned athorities to make it available in system so that you won't get stuck with PIMS delay. So far I have heard mexico/canada consualte responding to emails positively.
I will be mailing(canada consulate) them soon. Will keep you updated if i hear anything from them. if it works..its indeed a good options for us.:D
I will have to go for a stamping soon and this info will help. Thanks! :)
more...
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satyasaich
02-10 09:24 AM
First of all, you can go any consulate in india, which ever gives you earliest date.
Nowadays, one can get a visa appointment within 10days. But have you asked someone in india to pay Rs.4600 in HDFC bank towards visa appointment? You have to send the first 2 pages of your passport (scan & email or fax) so that someone can carry that to HDFC to fill the application. It takes 2 days to get activated in the system. THEN ONLY, you can go online and provide all the details, look for dates available. Once you select the option of "citizen of india, but working in US" it opens up option to chose from any of the 4 consulates.
Most important thing is YOU MUST carry the original HDFC bank receipt (yellow colour) alongwith your appointment letter (downloaded) and passport.
Make sure that YOU WILL take the print out of the application (2 sides of the same page). Yes even in delhi also, you can take your passport personally on the next day at VFS office (somewhere in delhi). but to do so, you MUST present the pink copy of the HDFC receipt
Good Luck
Thanks everybody for your suggestions. Unfortunately canada is not a option. I have sent an email to Chennai consulate for emergency appointment request. Have to wait and see how it goes. Will update you all with any information I find out.
Thanks
Nowadays, one can get a visa appointment within 10days. But have you asked someone in india to pay Rs.4600 in HDFC bank towards visa appointment? You have to send the first 2 pages of your passport (scan & email or fax) so that someone can carry that to HDFC to fill the application. It takes 2 days to get activated in the system. THEN ONLY, you can go online and provide all the details, look for dates available. Once you select the option of "citizen of india, but working in US" it opens up option to chose from any of the 4 consulates.
Most important thing is YOU MUST carry the original HDFC bank receipt (yellow colour) alongwith your appointment letter (downloaded) and passport.
Make sure that YOU WILL take the print out of the application (2 sides of the same page). Yes even in delhi also, you can take your passport personally on the next day at VFS office (somewhere in delhi). but to do so, you MUST present the pink copy of the HDFC receipt
Good Luck
Thanks everybody for your suggestions. Unfortunately canada is not a option. I have sent an email to Chennai consulate for emergency appointment request. Have to wait and see how it goes. Will update you all with any information I find out.
Thanks
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malibuguy007
02-06 05:38 PM
I don't know where you are but as far as California is concerned, most non-compete clauses are not enforceable.
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eb3_nepa
07-20 04:40 PM
bump
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michael_trs
05-13 10:06 AM
Here are my concerns:
1) I put only 1 year of experience. I guess a senior position requires 3-5 years of experience but it will exceed SVP for sure. On the other hand I don�t want to answer NO to H.12 (requirements normal for the occupation) because requirements look pretty normal and NO automatically triggers audit.
2) Do I have to specify that alternative education and experience is allowed (quest. 8/8A)? (For example BS + 5 years) I don�t really need it because I have Master�s. But I don�t want DOL to decide that requirements are too high or restrictive.
What do you think?
Thank you,
1) I put only 1 year of experience. I guess a senior position requires 3-5 years of experience but it will exceed SVP for sure. On the other hand I don�t want to answer NO to H.12 (requirements normal for the occupation) because requirements look pretty normal and NO automatically triggers audit.
2) Do I have to specify that alternative education and experience is allowed (quest. 8/8A)? (For example BS + 5 years) I don�t really need it because I have Master�s. But I don�t want DOL to decide that requirements are too high or restrictive.
What do you think?
Thank you,
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jkays94
05-03 11:20 AM
We should empahsise how the amnesty offer can set precedence for future influx of people and how US would end up as Latino country, if immigration is not controlled. This can be a sure catalyst for SJ Mercury times as they are trying to find ammunition to counter the Illegal protests
Sundar99, I do agree with some of your sentiments about promoting the cause of legal immigrants but lets not pick battles that will only be turned against IV. IV has many external detractors and the more IV gains exposure in the media, more enemies will continue to emerge. Do you suppose organizations such as FAIR, NumbersUSA and others really distinguish between IV and the undocumented movement ? Visit this blog by one of the FAIR executives : www.steinreport.com (http://www.steinreport.com) and you will understand that legal and illegal immigrants to such organizations are one and the same thing as far as they are concerned and they could care less regardless of the glaring facts. One of the concerns that you highlight is that of increased backlogs in the face of amnesty, it has been reiterated by several senators all in agreement that anyone coming through amnesty will go to the back of the line and not before legal immigrants.
We should empahsise how the amnesty offer can set precedence for future influx of people and how US would end up as Latino country, if immigration is not controlled.
Do you really want to pick a fight with the more than 43 million Americans of Hispanic origin ? This is the very same argument that bloggers are using against IV following the WP article about an invasion by persons of Chinese and Indian origin, arguments made totally out of context. Why should we emulate such organizations and stoop to their level. Lets pick our battles wisely and only those we have a chance of winning.
Sundar99, I do agree with some of your sentiments about promoting the cause of legal immigrants but lets not pick battles that will only be turned against IV. IV has many external detractors and the more IV gains exposure in the media, more enemies will continue to emerge. Do you suppose organizations such as FAIR, NumbersUSA and others really distinguish between IV and the undocumented movement ? Visit this blog by one of the FAIR executives : www.steinreport.com (http://www.steinreport.com) and you will understand that legal and illegal immigrants to such organizations are one and the same thing as far as they are concerned and they could care less regardless of the glaring facts. One of the concerns that you highlight is that of increased backlogs in the face of amnesty, it has been reiterated by several senators all in agreement that anyone coming through amnesty will go to the back of the line and not before legal immigrants.
We should empahsise how the amnesty offer can set precedence for future influx of people and how US would end up as Latino country, if immigration is not controlled.
Do you really want to pick a fight with the more than 43 million Americans of Hispanic origin ? This is the very same argument that bloggers are using against IV following the WP article about an invasion by persons of Chinese and Indian origin, arguments made totally out of context. Why should we emulate such organizations and stoop to their level. Lets pick our battles wisely and only those we have a chance of winning.
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Anders �stberg
July 15th, 2004, 12:51 PM
Thanks for your kind comments!
Janet, you're right, they're about ready. They did fly around occasionally, sometimes grabbing the food out of the mouth of a parent in midair. Couldn't catch that on "film" unfortunately. :)
Picture taken with my 300/2.8, only mildly cropped, I was standing less than 5 meters away.
EXIF: ISO 400, f/7.1, 1/1250s.
As they were quite strongly backlit I used fill flash from 550EX + Better Beamer (first time I tried it), at -1 or possibly -2 (can't remember which)
Janet, you're right, they're about ready. They did fly around occasionally, sometimes grabbing the food out of the mouth of a parent in midair. Couldn't catch that on "film" unfortunately. :)
Picture taken with my 300/2.8, only mildly cropped, I was standing less than 5 meters away.
EXIF: ISO 400, f/7.1, 1/1250s.
As they were quite strongly backlit I used fill flash from 550EX + Better Beamer (first time I tried it), at -1 or possibly -2 (can't remember which)
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GC4US
07-18 04:47 PM
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!
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!
fromnaija
09-14 01:54 PM
you would have to specify that when you apply for the AP. Look at part 7 item 2 in the application.
NO, that part applies to a person applying for Advance Parole (humanitarian reason) and not Advance Parole (baed on peding I-485).
This confusion is because the form is used for multiple application type - Rentry Permit, Refugee Travel Document, Advance Parole (humanitarian and I-485 pending). I think USCIS should redesign separate form for each application type to remove the confusion.
If your AP is based on a pending I-485 you must be in the US to apply and receive the approval. If you need to travel before the approval, you could go to a local USCIS office to expedite the application.
NO, that part applies to a person applying for Advance Parole (humanitarian reason) and not Advance Parole (baed on peding I-485).
This confusion is because the form is used for multiple application type - Rentry Permit, Refugee Travel Document, Advance Parole (humanitarian and I-485 pending). I think USCIS should redesign separate form for each application type to remove the confusion.
If your AP is based on a pending I-485 you must be in the US to apply and receive the approval. If you need to travel before the approval, you could go to a local USCIS office to expedite the application.
21stIcon
05-04 01:36 PM
Every body knows about PERM system glitches before July28,2005, they gave an oppertunity to refile for all those who got rejected on software issues, so we do not need to go back to year old data and I am quite a frequent visitor to immigrationportal, at least 5 visits a day from last sep'05
Guys, I really appreciate he was able to come up with some number, but you would be able to decide how much this is helpful, I am not buying his PERM conversion denial rate
.
Guys, I really appreciate he was able to come up with some number, but you would be able to decide how much this is helpful, I am not buying his PERM conversion denial rate
.
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