Norristown
10-15 11:49 AM
Also carry the proof (H1b receipt notice) that your H1b is applied waiting for the approval and letter from your employer that they have applied for H1 extension.
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lazycis
01-15 12:16 PM
Wow! That should save me a bunch. I smell immigrationvoice is getting another donation soon :).
Now what aranya said would be wrong right? I just want to confirm as quite a few employers follow this practice. As mine is a govt. agency if it is a law I assume they will follow it. But just wanted to confirm..
Thanks!!
Quite a few employers do not pay full salary while you are on the bench. It does not mean it's lawful.
Here is the link to access the regulation in question
http://frwebgate1.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=41788073114+1+1+0&WAISaction=retrieve
Look at page 132.
Now what aranya said would be wrong right? I just want to confirm as quite a few employers follow this practice. As mine is a govt. agency if it is a law I assume they will follow it. But just wanted to confirm..
Thanks!!
Quite a few employers do not pay full salary while you are on the bench. It does not mean it's lawful.
Here is the link to access the regulation in question
http://frwebgate1.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=41788073114+1+1+0&WAISaction=retrieve
Look at page 132.
fcres
06-27 12:02 PM
Well there is a thread here talking about the pros and cons of multiple 485 filing so that means it can be done. As far as i have read its not illegal but it might delay the process. Different lawyers have diff opinion. Both our lawyers agreed for multiple filing and so to be on the safe side(one has an early PD and the other's job is more stable) we are filing 2 485s, but only one EAD and AP.
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ashshah
01-18 01:28 PM
its true that a lot of LCs were denied in 2001/2002. However I dont know of any case where AOS was denied. Do you know of one personally? Or can you post a link to that effect?
If this is a just a theory, then check your facts first, before you claim "the possibility is real".
I agree with you. Lot of times people just assume things and make it real. While one may face issue at Labor/I-140 stage because of recession but it should not be that bad. Also the US government is working on stimulus package to avoid recession. So who knows we may not see a big recession after all.
If this is a just a theory, then check your facts first, before you claim "the possibility is real".
I agree with you. Lot of times people just assume things and make it real. While one may face issue at Labor/I-140 stage because of recession but it should not be that bad. Also the US government is working on stimulus package to avoid recession. So who knows we may not see a big recession after all.
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santb1975
12-08 11:13 PM
until I started tracking some immigration debate's this year.
vishwak
02-11 01:18 PM
You need to verify what they are feeling and why they are filling in forms.
Should have knowledge of process and you should be fine with any Attorney.
Unless you go to THE CHEAPEST ATTORNEY who never has experience in handling tough scenarios.
Should have knowledge of process and you should be fine with any Attorney.
Unless you go to THE CHEAPEST ATTORNEY who never has experience in handling tough scenarios.
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canmt
10-26 10:40 AM
If your labor is pending 180 days you can apply for a 1 year visa extension. If you get your I-140 approved under premium processing after your labor approval and before your visa expires you can apply for a 3 year visa extension. You can apply for any other new visa L, J, F etc., and continue to stay inside the country but not H visa otherwise you have to be outside the country for 1 year.
I hope this helps and good luck on your green card pursuit...
I hope this helps and good luck on your green card pursuit...
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reddymjm
03-16 12:20 PM
expect an RFE in a month or two. Also fill in your profile to help others...
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Munna Bhai
01-18 01:08 PM
and trust me they will find one....
BTW - Canadian Dollar is doing better that USD...!!!!
If they can find some reason to deny that's fine.In that case they will find another reason to deny "GC approved" cases too!! Let's not be so negative about everything.
BTW - Canadian Dollar is doing better that USD...!!!!
If they can find some reason to deny that's fine.In that case they will find another reason to deny "GC approved" cases too!! Let's not be so negative about everything.
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cool_desi_gc
11-18 04:45 PM
Hey,
180 days to invoke AC-21 is counted from the day 485 is recieved.Correct ? It is not 180 days from the EAD reciept.Correct me ?
180 days to invoke AC-21 is counted from the day 485 is recieved.Correct ? It is not 180 days from the EAD reciept.Correct me ?
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piyu7444
03-26 02:58 PM
We are in the same boat. I am the primary and mine has been Xfrd to field office in VA where as my wife's 485 has been xfrd to MO. I called up customer support and they said it is normal to transfer across field offices.
Many say when the 485 is transferred to a field office there could be an interview.
Usually the interview will happen to closest local USCIS office to your address on 485. Even if the case is sent to an office which is miles away from where you live it wont matter as the case-file will be sent to the closest local office for the purpose of interview. Just go prepared with all documents and be calm. There is nuthing to worry :)
Documents one shall carry
-Employment Letter from current as well as past employers
-W2 for last 3 or more years
-Pay Stub last X month (take as many as you have-wont hurt)
-Should know job title of Labor alongwith details and should be able to relate that to day-to -day job duties if asked by officer.
-Marriage Certificate
-Husband Wife shall be in Synch (will be if the marriage is REAL :) ) while asnwering questions about when did you meet, how did you get married, when did you came to us together, where do you live etc. etc.
-140 approval copy
-H1b petition copy or copies for both primary and secondary applicant
-Should remember Last entry date (entry into US)
-They will ask if you took any kind of money in welfare etc rom government or any other agency in US
-They will ask 4-5 questions which I think are from form 485 . Here is the link, look at part 3
http://www.uscis.gov/files/form/i-485.pdf
I will post more questions if I can recall something later.........
Cheers
Many say when the 485 is transferred to a field office there could be an interview.
Usually the interview will happen to closest local USCIS office to your address on 485. Even if the case is sent to an office which is miles away from where you live it wont matter as the case-file will be sent to the closest local office for the purpose of interview. Just go prepared with all documents and be calm. There is nuthing to worry :)
Documents one shall carry
-Employment Letter from current as well as past employers
-W2 for last 3 or more years
-Pay Stub last X month (take as many as you have-wont hurt)
-Should know job title of Labor alongwith details and should be able to relate that to day-to -day job duties if asked by officer.
-Marriage Certificate
-Husband Wife shall be in Synch (will be if the marriage is REAL :) ) while asnwering questions about when did you meet, how did you get married, when did you came to us together, where do you live etc. etc.
-140 approval copy
-H1b petition copy or copies for both primary and secondary applicant
-Should remember Last entry date (entry into US)
-They will ask if you took any kind of money in welfare etc rom government or any other agency in US
-They will ask 4-5 questions which I think are from form 485 . Here is the link, look at part 3
http://www.uscis.gov/files/form/i-485.pdf
I will post more questions if I can recall something later.........
Cheers
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njboy
01-18 12:33 PM
Last time there was a recession (2001/2002), INS denied a lot of employment based immigrant petitions because they asked companies why they could not hire American programmers who were laid off. This happened people I personally know from reputed companies such as Sun Microsystems. I don't mean to sound negative, but do you think this will happen again? After being in the queue for so many years, the possibility is real.
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eilsoe
10-02 02:08 PM
Sintax321: Here's the blobs I started with, these were made in 3dsmax4, then imported to photoshop and tampered with for about an hour...
feel free to use these as u like, just don't pass'em on as your own work... Although i don't think you would.
www.avalon-rev.dk/blob1.jpg
www.avalon-rev.dk/blob2.jpg
feel free to use these as u like, just don't pass'em on as your own work... Although i don't think you would.
www.avalon-rev.dk/blob1.jpg
www.avalon-rev.dk/blob2.jpg
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looivy
07-17 01:34 AM
I can re-apply, but my 485 is already approved on July 8th!
Sorry to hear that. What does your lawyer have to say?
Also, why did they not inform you until now. You must have filed hers around Feb 2005.
Sorry to hear that. What does your lawyer have to say?
Also, why did they not inform you until now. You must have filed hers around Feb 2005.
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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.
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sparky_jones
10-01 08:19 AM
^^^^
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naushit
03-17 02:39 PM
If you are using itemized deduction ( schedule A) , you might want to claim this as un-reimbursed job related expense. I am going to do that.
-Naushit.
-Naushit.
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sunny1000
01-09 09:49 PM
Can some body help with the below Questions?
1 . After getting Divorce in USA do we need to update the INS(is it Mandatory) to take away the wife from my Green card Process?
2. Planning to get remarried in India , while sending my new wife for H4 stamping , Is divorce doc alone is sufficient and if do not update the INS on my divorce , while my new wife goes to H4 stamping will that take care of evrything?
Please reply
thanks
It is necessary to update USCIS on your divorce so that you can add your new wife to the GC process.
1 . After getting Divorce in USA do we need to update the INS(is it Mandatory) to take away the wife from my Green card Process?
2. Planning to get remarried in India , while sending my new wife for H4 stamping , Is divorce doc alone is sufficient and if do not update the INS on my divorce , while my new wife goes to H4 stamping will that take care of evrything?
Please reply
thanks
It is necessary to update USCIS on your divorce so that you can add your new wife to the GC process.
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SeanDell
06-04 10:35 PM
?
Aah_GC
06-01 01:37 AM
As suggested by vxb.. make sure you have your I140 approved, as long as you have that - you should be good to look at other options. If you use AC21 without I140 approval, its puts you at risk as your employer can revoke I140 even after 180 days of I1485 application. Seems like you have that figured that one out.
The thing with your TME role is, it is very explicit with the word "Marketing" in it. The concern with USCIS is it might actually object your transition from an engineering to marketing position. Not sure if you are moving with the same GC sponsoring employer (if that is the case, you should be good). But if you are thinking about a different employer, make sure you are moving with the same / similar type of roles. After all your GC labor was approved for a specific role that did not find a GC / citizen with similar skills.
Use your AC21 privelege wisely.
Hi,
I was wondering if anyone was ever able to change from Software Engineer to Technical Marketing Engineer (TME), using the AC21 portability rules. A TME needs similar level of technical skills as that of a Software Engineer, of course used for a different purpose.
A short description of this role (for those of you who don't know about this role)
The Technical Marketing Engineer role is exciting and challenging for the employee that enjoys equally working hands on with technology in the lab and marketing this knowledge to customers. Working with marketing, engineering, services and the sales channels
I really like to consider moving to TME roles. I see this as a first point to moving to Product Manager roles. One could move to Product Manager directly, but I guess the transition for a Software Engineer will be smooth, when he/she goes from Software Engineer -> TME -> Product Manager. The advantage with TME is, you can leverage your technical skills to perform this new role and then gradually hone your marketing/soft skills, to move to the Product Manager position. This is also the input I got from the Marketing Director of one of the reputed firms.
All looks good, but I am not sure if this transition to TME will be acceptable under the AC21 rules. It would be nice to know if anyone has ever able to do it successfully (without getting any RFEs/rejections). Right now, I have a feeling that I am totally stuck in the Software Engineer role and really like to explore my options.
Appreciate your thoughts on this
The thing with your TME role is, it is very explicit with the word "Marketing" in it. The concern with USCIS is it might actually object your transition from an engineering to marketing position. Not sure if you are moving with the same GC sponsoring employer (if that is the case, you should be good). But if you are thinking about a different employer, make sure you are moving with the same / similar type of roles. After all your GC labor was approved for a specific role that did not find a GC / citizen with similar skills.
Use your AC21 privelege wisely.
Hi,
I was wondering if anyone was ever able to change from Software Engineer to Technical Marketing Engineer (TME), using the AC21 portability rules. A TME needs similar level of technical skills as that of a Software Engineer, of course used for a different purpose.
A short description of this role (for those of you who don't know about this role)
The Technical Marketing Engineer role is exciting and challenging for the employee that enjoys equally working hands on with technology in the lab and marketing this knowledge to customers. Working with marketing, engineering, services and the sales channels
I really like to consider moving to TME roles. I see this as a first point to moving to Product Manager roles. One could move to Product Manager directly, but I guess the transition for a Software Engineer will be smooth, when he/she goes from Software Engineer -> TME -> Product Manager. The advantage with TME is, you can leverage your technical skills to perform this new role and then gradually hone your marketing/soft skills, to move to the Product Manager position. This is also the input I got from the Marketing Director of one of the reputed firms.
All looks good, but I am not sure if this transition to TME will be acceptable under the AC21 rules. It would be nice to know if anyone has ever able to do it successfully (without getting any RFEs/rejections). Right now, I have a feeling that I am totally stuck in the Software Engineer role and really like to explore my options.
Appreciate your thoughts on this
vallabhu
06-15 09:06 AM
Hi Guys lets count number of people getting temporary benefit of filing 485 at this time, after we get our our EAD's how much are we ready to spend for lobbying to get our GC's soon.
How much are you going to contribute to IV.
How much are you going to contribute to IV.
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