kondur_007
09-17 09:38 PM
I dont want to duplicate, but I think following "cut and paste" from my previous post may be a fair thing to do; just for the information.
I am not a lawyer; but this is what I believe to the best of my knowledge:
1. If you never used AC21 (still working with the employer who sponsored I 140); your obligation at the time of GC approval is to have a "good faith intention to work with the same employer permanently". It is not clear in the law as to how would you prove that intention...most people say that you should work for some duration (6 months or 12 months at least...or something like that) after GC is approved to "show" your good faith intention.
2. If you ported to employer B using AC 21 (before the approval of GC); you have the same obligation to the new employer B and NO obligation to original I 140 sponsoring employer. (this is especially true if you informed USCIS of your porting and also true if you did not inform USCIS but law is less clear in the later scenario)
There is really no law that specifies the duration.
All it says is :"you should have intention to work for the GC sponsoring employer (or AC21 employer if you ported) permanently."
Intention is a state of mind and it can change!! also all these employments are at will, and so it is possible that you may not like that job! Or on the other hand employer may not like you and fire you in a week.
Bottomline: You will be fine under most circumstances. However, if the issue is raised at the time of naturalization, it would be much easier for you to explain/show that you did have intention to work for the employer if you actually work for the sponsoring employer for some duration (6 months, 1 year...all these are arbitrary numbers).
If you never worked for the sponsoring employer, you may not have a lot of grounds to show that entire GC was not a fraud...
Again, there is no clear law on this...
followup post:
I think there is a mix up here between two things:
180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.
If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".
You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.
One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.
One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??)...no law on this.
This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.
This is from my discussion in following thread:
http://immigrationvoice.org/forum/showthread.php?t=3305&page=2
http://immigrationvoice.org/forum/sh...ad.php?t=20403
Hope this helps.
Good Luck.
I am not a lawyer; but this is what I believe to the best of my knowledge:
1. If you never used AC21 (still working with the employer who sponsored I 140); your obligation at the time of GC approval is to have a "good faith intention to work with the same employer permanently". It is not clear in the law as to how would you prove that intention...most people say that you should work for some duration (6 months or 12 months at least...or something like that) after GC is approved to "show" your good faith intention.
2. If you ported to employer B using AC 21 (before the approval of GC); you have the same obligation to the new employer B and NO obligation to original I 140 sponsoring employer. (this is especially true if you informed USCIS of your porting and also true if you did not inform USCIS but law is less clear in the later scenario)
There is really no law that specifies the duration.
All it says is :"you should have intention to work for the GC sponsoring employer (or AC21 employer if you ported) permanently."
Intention is a state of mind and it can change!! also all these employments are at will, and so it is possible that you may not like that job! Or on the other hand employer may not like you and fire you in a week.
Bottomline: You will be fine under most circumstances. However, if the issue is raised at the time of naturalization, it would be much easier for you to explain/show that you did have intention to work for the employer if you actually work for the sponsoring employer for some duration (6 months, 1 year...all these are arbitrary numbers).
If you never worked for the sponsoring employer, you may not have a lot of grounds to show that entire GC was not a fraud...
Again, there is no clear law on this...
followup post:
I think there is a mix up here between two things:
180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.
If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".
You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.
One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.
One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??)...no law on this.
This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.
This is from my discussion in following thread:
http://immigrationvoice.org/forum/showthread.php?t=3305&page=2
http://immigrationvoice.org/forum/sh...ad.php?t=20403
Hope this helps.
Good Luck.
wallpaper Back to McDonald#39;s.
shishya
09-27 02:19 AM
AFAIK, your visa status will not affect day-trading. You just need to specify the gain/loss when you file taxes (like anyone).
That said, I believe you are aware of the requirement that you need to have a minimum of $25K in your account to do day-trading. And also the risks involved in it.
My 2c as some one who tried it, play only with money you can afford to loose (as you WILL most of the time) and get out if you have to, without emotional attachment.
Have fun and BE SAFE!!!
Thanks for the honest and to-the-point answer Yagw. Yes, I am aware of the risks involved and therefore never EVER exceed the threshold I set for myself. I am not new to stock market having been in it for the past four years -- not that that makes me ANY safer than a newbie though.
Appreciate your advise of caution, will definitely keep that in mind.
Thanks!
That said, I believe you are aware of the requirement that you need to have a minimum of $25K in your account to do day-trading. And also the risks involved in it.
My 2c as some one who tried it, play only with money you can afford to loose (as you WILL most of the time) and get out if you have to, without emotional attachment.
Have fun and BE SAFE!!!
Thanks for the honest and to-the-point answer Yagw. Yes, I am aware of the risks involved and therefore never EVER exceed the threshold I set for myself. I am not new to stock market having been in it for the past four years -- not that that makes me ANY safer than a newbie though.
Appreciate your advise of caution, will definitely keep that in mind.
Thanks!
shreekhand
08-12 05:54 PM
OP,
Your PD has been current for only 12 days, it is in no way overdue. I would seriously continue to find more info and scale up efforts only after a couple of months. The real test of patience begins after the PD has become current.
That said, I have seen others get the reply you got before and then gotten approved in a few weeks
Your PD has been current for only 12 days, it is in no way overdue. I would seriously continue to find more info and scale up efforts only after a couple of months. The real test of patience begins after the PD has become current.
That said, I have seen others get the reply you got before and then gotten approved in a few weeks
2011 not eating dessert for
Ramba
07-27 03:31 PM
In very rare ocassions people get to know that their 485 is preadjudicated.
Check out this case
http://immigrationvoice.org/forum/344724-post54.html
Now, once preadjudicated does not mean that your case may not be reviewed again (My thoughts)
The good indication of anyone 485 is pre-adjudicated, if LUD changes continously for 3 or 4 days on their online account with uscis. To notice thist, one has to moniter every day. If they receive RFE, it is the good indication of the application will be pre-adjudicated based on the aswer to the RFE. If they recive answer to RFE, the LUD will normalyy change with in 10 days continously. Pre-adjudicatred does not mean that it is 100% pre-approved. They may ask a question at the time of approval, if the 485 is pending for pro-lonnged time after it is pre-adjudicated.
Check out this case
http://immigrationvoice.org/forum/344724-post54.html
Now, once preadjudicated does not mean that your case may not be reviewed again (My thoughts)
The good indication of anyone 485 is pre-adjudicated, if LUD changes continously for 3 or 4 days on their online account with uscis. To notice thist, one has to moniter every day. If they receive RFE, it is the good indication of the application will be pre-adjudicated based on the aswer to the RFE. If they recive answer to RFE, the LUD will normalyy change with in 10 days continously. Pre-adjudicatred does not mean that it is 100% pre-approved. They may ask a question at the time of approval, if the 485 is pending for pro-lonnged time after it is pre-adjudicated.
more...
IN2US
03-17 11:21 AM
Your flow of logic is correct but you ar ebuilding this palace on soft land...:). Your "numbers" base is way way small... There are thousands of EB2 switch over occured and there are thousands and thousands of applications are waiting in EB2. If you add up thosands and thousands then you can reach million speedly.. right? Only July 2007 filing was around 500000. You just apply crude maths: 500000/3 (Categories) = So EB2 numbers are = 1,66,667.
Now divide 1,66,667/5 ( IN,CHina,MX, Philipines,ROW) = 33333. That is just for July 2007. Now to scare you more let me tell you that there was number around during July 2007 in all immigration boards that around 500000 applications are stuck in the process including Name Check (No claim on accuracy of that number but pretty much bignames were talking about that number so generally you would trust that number.) So now start applying your logic andyou would realize the seriousness of the problem.
no offense but the above doesn't make any sense what so ever, so does majority of your posts.
and stop pretending to be a guru on immigration issues and leave the analysis part to the real experts.
Peace :)
Now divide 1,66,667/5 ( IN,CHina,MX, Philipines,ROW) = 33333. That is just for July 2007. Now to scare you more let me tell you that there was number around during July 2007 in all immigration boards that around 500000 applications are stuck in the process including Name Check (No claim on accuracy of that number but pretty much bignames were talking about that number so generally you would trust that number.) So now start applying your logic andyou would realize the seriousness of the problem.
no offense but the above doesn't make any sense what so ever, so does majority of your posts.
and stop pretending to be a guru on immigration issues and leave the analysis part to the real experts.
Peace :)
pa_arora
07-18 07:22 PM
1) I think you can file EAD /AP even if you dont have a AOS receipt. Can someone comment on this?
2) What all docs are required for filing EAD & AP?
2) What all docs are required for filing EAD & AP?
more...
BhanuPriya
06-11 02:41 PM
There is no problem in changing company and getting extension based on Approved I -140. Please contact a good attorney and proceed.
2010 Ronald McDonald
swamy
05-21 11:55 PM
This I think comes from AC21 regulations as well as one of the AC21 memos that were released. It mentions that a person can get H1 beyond 6 years even though they are not maitaining the H status as long as they can prove that their GC is pending . This may include pending I-485. I think the memo says that person need not maintain H status to get extension beyond 6 years without being counted against quota.
I think the H1 can be filed but since you are on EAD, you will not get I-94. This means that you will need to go out and get the H1 stamped and re-enter to get back on H status.
Again, various attorneys differ on this too. So consult few good attorneys for this would be good idea.
yes this is true (confirmed it with a top law firm)- but 140 needs to have been approved though and pd shouldnt be current. and you need to get the h1 stamped too.
I think the H1 can be filed but since you are on EAD, you will not get I-94. This means that you will need to go out and get the H1 stamped and re-enter to get back on H status.
Again, various attorneys differ on this too. So consult few good attorneys for this would be good idea.
yes this is true (confirmed it with a top law firm)- but 140 needs to have been approved though and pd shouldnt be current. and you need to get the h1 stamped too.
more...
mrdelhiite
08-07 09:01 AM
I'm afraid I can't help you with your application but Congrats! on getting married, i.e... :-)
Thank you Sir :-)
Also anyone, any replies for my questions please?
Thanks
-M
Thank you Sir :-)
Also anyone, any replies for my questions please?
Thanks
-M
hair Your Family About Fat Loss
texanmom
08-31 12:58 PM
You guys are all silly! But thanks for the much needed amusement factor! I had a good laugh reading all your posts!
more...
maine_gc
04-20 10:41 AM
Hi,
My in-laws came to US last Firday along with my kid who is a US citizen.
Their passport has a stamp that says Admitted on Apr 17 at Chicago, Class B2 and "Until" is blank. There should be a date that tells they can stay until this date.
What are my options now. Do i need to let it go or contact some one and bring it to their notice etc..
Any help is appreciated
My in-laws came to US last Firday along with my kid who is a US citizen.
Their passport has a stamp that says Admitted on Apr 17 at Chicago, Class B2 and "Until" is blank. There should be a date that tells they can stay until this date.
What are my options now. Do i need to let it go or contact some one and bring it to their notice etc..
Any help is appreciated
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gc_buddy
01-08 08:08 PM
Ok, Noted. That's what my company few years back advised few of our assoicates to do when they did not surrender I -94
Embassies do not handle these matters. Departure and arrival records are maintained by Customs and Border Patrol (CBP). Here is the link for instructions on what to do if you did not surrender the I-94:
http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=752&p_created=1077641280&p_sid=RGQ8g3Hh&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9OCZwX3Byb2RzPTAmcF9jYXRzPTAmcF9wdj0mcF9 jdj0mcF9zZWFyY2hfdHlwZT1hbnN3ZXJzLnNlYXJjaF9ubCZwX 3BhZ2U9MSZwX3NlYXJjaF90ZXh0PUktOTQ*&p_li=&p_topview=1
Embassies do not handle these matters. Departure and arrival records are maintained by Customs and Border Patrol (CBP). Here is the link for instructions on what to do if you did not surrender the I-94:
http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=752&p_created=1077641280&p_sid=RGQ8g3Hh&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9OCZwX3Byb2RzPTAmcF9jYXRzPTAmcF9wdj0mcF9 jdj0mcF9zZWFyY2hfdHlwZT1hbnN3ZXJzLnNlYXJjaF9ubCZwX 3BhZ2U9MSZwX3NlYXJjaF90ZXh0PUktOTQ*&p_li=&p_topview=1
more...
house fat people eating cake.
belmontboy
07-31 01:04 PM
I would like to know what are the primary reasons why employers revokes approved I-140 after invoking AC21 after 180 days.
a. I think one of the reason is Labor substitution. If they want to use it for someone else. Now that this is eliminated, I think there will be minimal chances of revocation in future.
b. Do big companies like Infy, Wipro do this?
c. They could revoke because of problems between employer and employees...I think we need to be patient and work this out..
Please reply with ur inputs.
Wipro doesnot sponsor GC's that much.
a. I think one of the reason is Labor substitution. If they want to use it for someone else. Now that this is eliminated, I think there will be minimal chances of revocation in future.
b. Do big companies like Infy, Wipro do this?
c. They could revoke because of problems between employer and employees...I think we need to be patient and work this out..
Please reply with ur inputs.
Wipro doesnot sponsor GC's that much.
tattoo obese are younger ages.
shivarajan
01-26 03:12 PM
is OP a rant? :rolleyes:
more...
pictures Fat People Eating Mcdonalds.
amulchandra
11-10 04:13 PM
This is my personal experience.
I was on H4 for 3 years to take care of my toddler. During that period I tried to earn some US experience through volunteering as I did not have work permit. I researched little bit on it and finally decided not to volunteer on H4. Attorney's opinion is that H4 holder cannot volunteer for a For-profit organization. They could volunteer only for non-profit organizations like temples, churches,etc.
I waited patiently, got H1b and luckily got a job as my company felt my NON-US experience is good enough to perform my job as senior data analyst.
Hope this helps
Amul
I was on H4 for 3 years to take care of my toddler. During that period I tried to earn some US experience through volunteering as I did not have work permit. I researched little bit on it and finally decided not to volunteer on H4. Attorney's opinion is that H4 holder cannot volunteer for a For-profit organization. They could volunteer only for non-profit organizations like temples, churches,etc.
I waited patiently, got H1b and luckily got a job as my company felt my NON-US experience is good enough to perform my job as senior data analyst.
Hope this helps
Amul
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arihant
02-15 11:15 AM
http://www.cnn.com/2006/EDUCATION/02/15/science.math.ap/index.html
Here is an article that indicates that the push for better education in Math and Science is not shared by the public.
The correlation I am making is, if they do not percieve there is a problem with existing Math and Science education as it applies to the current employment environment, why will there be any interest about the proposals in PACE?
Here is an article that indicates that the push for better education in Math and Science is not shared by the public.
The correlation I am making is, if they do not percieve there is a problem with existing Math and Science education as it applies to the current employment environment, why will there be any interest about the proposals in PACE?
more...
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gc_kaavaali
12-08 01:33 PM
Hi guys,
IV need contributions to invest in the omnibus bill Lobbying efforts.. for more details look at below thread...
http://immigrationvoice.org/forum/showthread.php?t=15905
IV need contributions to invest in the omnibus bill Lobbying efforts.. for more details look at below thread...
http://immigrationvoice.org/forum/showthread.php?t=15905
girlfriend Seriously, Why Do People Eat
rock945
08-08 11:20 AM
I think you can earn upto maximum 4 credits per year. so to get 40 credits you have to work for 10 years.
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adobe howm
09-03 01:02 PM
I just called USCIS and confirmed with TSC and 2nd level customer service center that my case is approved on monday 09/01/09 SLUD date even though i have not recieved email for same.. Thank you all and good luck.
Could make sure that you have had a soft LUD on your portfolio is what made you to call CIS ?
Could make sure that you have had a soft LUD on your portfolio is what made you to call CIS ?
ujjvalkoul
03-06 01:14 PM
do they normally send a receipt notice for the new 765 application that you file to correct EAD error...?
i.e. if we do not receive a RECEIPT NOTICE in like 2 -3 months- should we follow up by Infopass or Calling 1800 number? OR just wait!!! for 4 months to end and then call and infopass
i.e. if we do not receive a RECEIPT NOTICE in like 2 -3 months- should we follow up by Infopass or Calling 1800 number? OR just wait!!! for 4 months to end and then call and infopass
reachinus
10-31 10:20 AM
They usually issue the I-94 till the validity of the Petition or expiry of the Passport in some cases. In my case i had a valid stamp from May 2004 till Jan 2006, but I had a new H1 from a new employer in Oct 2004 which was approved till Jan 2007 and when I entered US in may 2005 I was issed a new I-94 till Jan 2007 even though the stamp will expire in Jan 2006.
Hope this helps.
your I-94 mess up will not affect your travel on AP. If you have a valid visa stamp (or intend to get one), you can still come back in H1B too. It may be advisable you maintain H1b by returing in H1B visa.
.......
They issue I-94 based based only on the expiry of the visa stamp.
Hope this helps.
your I-94 mess up will not affect your travel on AP. If you have a valid visa stamp (or intend to get one), you can still come back in H1B too. It may be advisable you maintain H1b by returing in H1B visa.
.......
They issue I-94 based based only on the expiry of the visa stamp.
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