betoaguirre
01-03 01:16 PM
Hello friends:
I am also insterestred in joining the OK state chapter and start taking some action. I am a restrogression victim as probably you all are.
What to do?
Thnx...
I am also insterestred in joining the OK state chapter and start taking some action. I am a restrogression victim as probably you all are.
What to do?
Thnx...
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gc_chahiye
09-17 02:35 AM
I am working with Company B on H-1b. My GC labor, I-140, I-485 and EAD is filed by Company A. Now, I am close to getting EAD in few weeks. Few say that once EAD is approved, then I have start working for Company A immediately. Others say that GC and EAD is for future employment with Company A and hence, I should start working for Company A only after GC is approved.
So, I have two questions and need advice.
1. When should I start working for Company A, upon approval of EAD or approval of GC.
Ideally, I would like to start working for Company A upon approval of GC.
2. Even, if I want to transfer EAD to Company B, the job title differs as the job title on GC is more junior than the current role.
Please let me know if anyone has similar situation and need what the reality is when EAD is approved.
Thanks.
Kum25
you dont need to start working for the company that sponsored your GC until you get the GC. If USCIS ever sends an RFE that company needs to confirm to USCIS that the job offer is open to you and provide a copy of the offer letter (it should match the LC). Your intent to work for that company on getting a GC should also be obvious (ie. if you currently make 5X what that company is offering for the GC job, you might have to convince the IO that you really intend to take up that offer).
In the meantime you can do whatever you want at company B, either on H1 or on EAD.
So, I have two questions and need advice.
1. When should I start working for Company A, upon approval of EAD or approval of GC.
Ideally, I would like to start working for Company A upon approval of GC.
2. Even, if I want to transfer EAD to Company B, the job title differs as the job title on GC is more junior than the current role.
Please let me know if anyone has similar situation and need what the reality is when EAD is approved.
Thanks.
Kum25
you dont need to start working for the company that sponsored your GC until you get the GC. If USCIS ever sends an RFE that company needs to confirm to USCIS that the job offer is open to you and provide a copy of the offer letter (it should match the LC). Your intent to work for that company on getting a GC should also be obvious (ie. if you currently make 5X what that company is offering for the GC job, you might have to convince the IO that you really intend to take up that offer).
In the meantime you can do whatever you want at company B, either on H1 or on EAD.
abc1125
06-13 03:31 AM
for the case mentioned in this thread, will the priority date be the date of filing of Labor cert or the 140 approval date after the candidate moves to a new employer after 140 approval? could someone please clarify this for me. will greatly appreciate it.
2011 2009 Harley Davidson Cvo
muthukmk
08-03 04:25 PM
Are u sure that we have to withdraw old EB3 case. My understanding is that u can file a fresh EB2 and use the old EB3 priority date.
Experts please clarify
Experts please clarify
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gcbikari
08-14 04:58 PM
Next time check out this forum (http://immigrationvoice.org/forum/showthread.php?t=20900) advice before you send your fotoes. Just kidding.
indyanguy
10-31 04:21 PM
I have filed for 140/485 EB3 on July 2nd. I am planning to start a EB2 process and carry over the EB3 Priority date to the new application. I have a few questions
1. My thinking is the process works something like this. I start a new PERM for EB2 while my EB3 140 is pending. After both the EB3 I140 and EB2 PERM are approved, I file for EB2 140 putting in a request to carry my old PD over. Is this correct?
2. Do I need to be with my GC sponsoring company until both EB3 140 and EB2 PERM are approved? If I use AC21 (after EB3 140 approval), will I still be able to interfile?
Thanks in advance
1. My thinking is the process works something like this. I start a new PERM for EB2 while my EB3 140 is pending. After both the EB3 I140 and EB2 PERM are approved, I file for EB2 140 putting in a request to carry my old PD over. Is this correct?
2. Do I need to be with my GC sponsoring company until both EB3 140 and EB2 PERM are approved? If I use AC21 (after EB3 140 approval), will I still be able to interfile?
Thanks in advance
more...
hibworker
03-15 01:16 PM
EB3-I, PD Nov 2002, 485 filed 2004. Have EAD and also have approved H1 (year 9 -12), but not stamped on passport. With about 7000 people ahead of me, wait time for my GC is estimated to be 2-3 years.
Have been with employer who filed GC for over 10 years now. There is a job opportunity with another employer, but the job description may be different from what was filed on my original GC. Pay will be similar, but travel will substantially reduced, allowing me to be home more.
What should I be careful of if pursuing this new opportunity? Is there anything I should be asking the new employer for related to the job description filing? Should I be asking them to file H1 transfer or use my EAD? Should I ask them to file EB2-I and port my PD over?
Thanks - just want to make sure I am not jeopardizing my 10 year wait for this opportunity.
1. Make sure that your new company's HR and lawyer are comfortable in supporting the fact that new job is same or similar to old job. It is a grey area and you can be the best judge on it.
2. When you join the new employer ask their attorney to send AC-21 letter to USCIS indicating that you have moved to a same or similar job based on AC-21 porting.
3. Filing for H1 or EAD is a personal choice - as far as GC processing goes I don't see a difference in using either.
4. If they are willing and and the position qualifies you to file EB-2 and port PD- sure go ahead.
Have been with employer who filed GC for over 10 years now. There is a job opportunity with another employer, but the job description may be different from what was filed on my original GC. Pay will be similar, but travel will substantially reduced, allowing me to be home more.
What should I be careful of if pursuing this new opportunity? Is there anything I should be asking the new employer for related to the job description filing? Should I be asking them to file H1 transfer or use my EAD? Should I ask them to file EB2-I and port my PD over?
Thanks - just want to make sure I am not jeopardizing my 10 year wait for this opportunity.
1. Make sure that your new company's HR and lawyer are comfortable in supporting the fact that new job is same or similar to old job. It is a grey area and you can be the best judge on it.
2. When you join the new employer ask their attorney to send AC-21 letter to USCIS indicating that you have moved to a same or similar job based on AC-21 porting.
3. Filing for H1 or EAD is a personal choice - as far as GC processing goes I don't see a difference in using either.
4. If they are willing and and the position qualifies you to file EB-2 and port PD- sure go ahead.
2010 Â Harley Davidson VRSCF V-Rod
raysaikat
12-19 08:16 PM
Thank you for replying.
I believe when I was young I entered with family visit visa, then I re-entered the country using a re entry visa. I assume both has expired for awhile now, although my I 94 doesn't state an expiration date, it stats "ans or status" Could you explain what that means?
You are probably reading the notation wrong - it is probably "and/or status".
In US immigration, there is a notion of "status" which basically means you do/live in US the way you promised the immigration officer at the time of entry. If you were entered as an F-1 student, then you remain a student in good standing; if you were entered as H1-B, you remain gainfully employed in the position (or a similar one) for which the H1-B was issued, etc.
The second notion is "unlawful presence", which basically means you are staying in US beyond the time the immigration officer allowed you to -- i.e., the date on I-94.
So it is possible to be out-of-status, but not unlawfully present (i.e., someone who entered on H1-B VISA stopped working even though his/her I-94 was valid for 6 more months).
If you remain in US "unlawfully" (i.e., after the date written on your I-94) for more than 6 months but less than 1 year, you get a 3 year ban on reentering US. If you stay in US unlawfully for more than 1 year, then you get a 10 year ban on reentering.
In your case, your I-94 seems to say the stay was valid until a date "X" and/or until you were in status. I am assuming that there is a date on I-94 even though you did not specify one. I am not familiar with that notation, so I am guessing. If the guess is correct, then that would mean that you started accruing "unlawful presence" from the date you became out-of-status and you were "old enough". As far as I remember, the "old enough" is 18 years old, but I could be wrong and it could be 21 years old.
To determine when you became out of status, you need to know what was the required status at the last entry. If your sole status was parolee (i.e., you used advanced parole based on your submitted I-485), then you became out-of-status whenever the I-485 was rejected. As far as I know, the appeals process allows you to live in US, but if the appeal fails, as it was your case, the date when the status became invalid does not advance.
So if you have no other VISA status as a dependent, then you are out-of-status. Assuming the I-94 expired long back, and that USCIS starts counting unlawful presence from your 18th birthday, then you have accrued unlawful days equal to your age in days minus 6574 days (counting leap-years ;) ).
You can apply for a college, and the college may give you I-20, based on which you can get an F-1 VISA. However, you would have to go to your "home country" to get the F-1 VISA stamp on your passport (and they may ban you depending on the number of days you were unlawfully present). Basically, the only way I know of for you to get a legal immigration status is to go out of the country and get back with a legal visa (and of course, risk being banned, or denied VISA for any other reason).
Your case is complex enough that you must seek advice from an immigration attorney before making any decision.
I believe when I was young I entered with family visit visa, then I re-entered the country using a re entry visa. I assume both has expired for awhile now, although my I 94 doesn't state an expiration date, it stats "ans or status" Could you explain what that means?
You are probably reading the notation wrong - it is probably "and/or status".
In US immigration, there is a notion of "status" which basically means you do/live in US the way you promised the immigration officer at the time of entry. If you were entered as an F-1 student, then you remain a student in good standing; if you were entered as H1-B, you remain gainfully employed in the position (or a similar one) for which the H1-B was issued, etc.
The second notion is "unlawful presence", which basically means you are staying in US beyond the time the immigration officer allowed you to -- i.e., the date on I-94.
So it is possible to be out-of-status, but not unlawfully present (i.e., someone who entered on H1-B VISA stopped working even though his/her I-94 was valid for 6 more months).
If you remain in US "unlawfully" (i.e., after the date written on your I-94) for more than 6 months but less than 1 year, you get a 3 year ban on reentering US. If you stay in US unlawfully for more than 1 year, then you get a 10 year ban on reentering.
In your case, your I-94 seems to say the stay was valid until a date "X" and/or until you were in status. I am assuming that there is a date on I-94 even though you did not specify one. I am not familiar with that notation, so I am guessing. If the guess is correct, then that would mean that you started accruing "unlawful presence" from the date you became out-of-status and you were "old enough". As far as I remember, the "old enough" is 18 years old, but I could be wrong and it could be 21 years old.
To determine when you became out of status, you need to know what was the required status at the last entry. If your sole status was parolee (i.e., you used advanced parole based on your submitted I-485), then you became out-of-status whenever the I-485 was rejected. As far as I know, the appeals process allows you to live in US, but if the appeal fails, as it was your case, the date when the status became invalid does not advance.
So if you have no other VISA status as a dependent, then you are out-of-status. Assuming the I-94 expired long back, and that USCIS starts counting unlawful presence from your 18th birthday, then you have accrued unlawful days equal to your age in days minus 6574 days (counting leap-years ;) ).
You can apply for a college, and the college may give you I-20, based on which you can get an F-1 VISA. However, you would have to go to your "home country" to get the F-1 VISA stamp on your passport (and they may ban you depending on the number of days you were unlawfully present). Basically, the only way I know of for you to get a legal immigration status is to go out of the country and get back with a legal visa (and of course, risk being banned, or denied VISA for any other reason).
Your case is complex enough that you must seek advice from an immigration attorney before making any decision.
more...
h1extn
08-07 11:24 PM
Hi All
If I migrate to Canada as a temporary worker, is it possible to come back to USA in H1B visa after one year if some company in USA is willing to sponser my H1B ? or there are any restrictions? please help
If I migrate to Canada as a temporary worker, is it possible to come back to USA in H1B visa after one year if some company in USA is willing to sponser my H1B ? or there are any restrictions? please help
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needhelp!
11-13 09:29 AM
> > apostrophe IS OUR 100TH MEMBER < <
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desi485
06-08 03:04 PM
Mahindra has been selling farm vehicles, tractors and stuff, in the USA for quite some time now. I doubt if you want to buy a tractor.
http://blogs.cars.com/.a/6a00d83451b3c669e2011570a0091a970b-800wi
Yeah, they do sell tractors and have second highest market share. However I was talking about their pickup and SUV going to be introduced in next few months.
The derogatory comments, everytime some one talks about vehicle made in india (or any third world country) by readers motivates me more to buy one.
http://news.pickuptrucks.com/2009/05/mahindra-pickup-still-coming-in-2009.html
http://blogs.cars.com/.a/6a00d83451b3c669e2011570a0091a970b-800wi
Yeah, they do sell tractors and have second highest market share. However I was talking about their pickup and SUV going to be introduced in next few months.
The derogatory comments, everytime some one talks about vehicle made in india (or any third world country) by readers motivates me more to buy one.
http://news.pickuptrucks.com/2009/05/mahindra-pickup-still-coming-in-2009.html
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keaby
06-18 05:36 PM
If the non compete agreement between your employer and the vendor is about your employer directly selling your srevices to the client in the future, then you don't have any issue as you are leaving your employer.
If your client is supporting your switch to another vendor, then there seems to be no agreement between the client and vendor regarding vendor change for the same resource..
In general, cases like yours, where the client supports your move, vendors tend to play safe and ignore any non compete agreements, to save the relationship with the client
If your client is supporting your switch to another vendor, then there seems to be no agreement between the client and vendor regarding vendor change for the same resource..
In general, cases like yours, where the client supports your move, vendors tend to play safe and ignore any non compete agreements, to save the relationship with the client
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485Mbe4001
05-24 01:25 PM
Thanks for the contribution, you can call or PM any of the core members and you will be assured that every cent is being used for the common good.
Yesterday I signed up for recurring payment of $50 per month. I already donated about $300. Will someone tell me it is being used for the common good to make me feel good ?
Thanks,
theOne
Yesterday I signed up for recurring payment of $50 per month. I already donated about $300. Will someone tell me it is being used for the common good to make me feel good ?
Thanks,
theOne
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wheretogo
11-28 01:35 PM
On Monday (11/27) I got EAD card. There was wrong in "from valid Date"
My Current EAD expires on Feb 27th 2007 and I received New EAD Valid from 11/28/2007 to 11/27/2008.
- I called Customer service First time they have told me to resend I-765, Original EAD and letter telling, what is wrong.
- Second time when I called customer service and explain issue, She transferred me to Immigration office. I got Immigration officer from Los Angles and He told me same thing to re-send all documents again without Fee
- Third time, I called VSC and talk to officer and he look my case and realized the mistake and told me , he will take care and send me new EAD card with proper validate date but when I asked me case number or reference number, he told me that you have to wait for 30 day to get new card.
- I also took InfoPass appointment tomorrow and see what local INS office suggest me.
- Tomorrow I am going to call Vermount centre and discuss and then send I-765 forms , Original EAD and letter explaining the issue.
My Current EAD expires on Feb 27th 2007 and I received New EAD Valid from 11/28/2007 to 11/27/2008.
- I called Customer service First time they have told me to resend I-765, Original EAD and letter telling, what is wrong.
- Second time when I called customer service and explain issue, She transferred me to Immigration office. I got Immigration officer from Los Angles and He told me same thing to re-send all documents again without Fee
- Third time, I called VSC and talk to officer and he look my case and realized the mistake and told me , he will take care and send me new EAD card with proper validate date but when I asked me case number or reference number, he told me that you have to wait for 30 day to get new card.
- I also took InfoPass appointment tomorrow and see what local INS office suggest me.
- Tomorrow I am going to call Vermount centre and discuss and then send I-765 forms , Original EAD and letter explaining the issue.
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pankaj_singal
08-20 07:41 PM
any particular reason for pd pre 1/1/2006? i know coulple of folks who have this criteria.
Looks like we are the only three so far..
Looks like we are the only three so far..
dresses away two Harley-Davidson
jotv
10-16 11:14 PM
:(hi gcpadmavyuh ,
here is my question i got h1 that is starting from oct 1st and i got ead also .
i dont have ssn also . my i-94 got expired.
1) now i am on which status ?
2) how to come from h4 to ead in my situation ?
3) how to actually use ead or h1 ?
4) should i get salary( payroles every month ) on h1 from this oct 1st onwards ?
5) in my situation how uscis will recognise am i using ead /h1 /h4 ?
6) in my situation if i got ssn and driving license after showing ead card in that offices , but i didnt work until this year end then by the year end on which status i am h4 or ead or h1 ?
7) in my situation if once i used my ead is there any chance to come from ead to h1 in future if i need ?
please clarify this doubts . please other experts suggest me.
thank you in advance
here is my question i got h1 that is starting from oct 1st and i got ead also .
i dont have ssn also . my i-94 got expired.
1) now i am on which status ?
2) how to come from h4 to ead in my situation ?
3) how to actually use ead or h1 ?
4) should i get salary( payroles every month ) on h1 from this oct 1st onwards ?
5) in my situation how uscis will recognise am i using ead /h1 /h4 ?
6) in my situation if i got ssn and driving license after showing ead card in that offices , but i didnt work until this year end then by the year end on which status i am h4 or ead or h1 ?
7) in my situation if once i used my ead is there any chance to come from ead to h1 in future if i need ?
please clarify this doubts . please other experts suggest me.
thank you in advance
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makeup 1960 Harley-Davidson, 2006
axp817
04-11 07:20 PM
got my 2yr EAD on Apr 1 and now a soft LUD on my 485 on 4/10.........and my date is nowhere close.....its feb 07....not sure whts going on.....I discussed it with an attorney in worse cum worse case I will be exploring the self employment clause onyou EAD......
Anyways if they issue an RFE isn't it generally mentioned there....in my case its not stating any status change........just a soft LUD
regards
Saket
Saket,
It is very common to see soft LUDs on the 485/140 when your EAD/AP get approved, especially if the 485/140 and the EAD/AP were filed at the same service center.
And yes, an RFE is almost always accompanied by a status change/hard LUD, reason I say 'almost' is because of the recent issues with the TSC computer system.
If you end up going the self employment route, please do keep us posted, I am sure many here would like to understand how that works and possibly explore it themselves.
Good luck.
Anyways if they issue an RFE isn't it generally mentioned there....in my case its not stating any status change........just a soft LUD
regards
Saket
Saket,
It is very common to see soft LUDs on the 485/140 when your EAD/AP get approved, especially if the 485/140 and the EAD/AP were filed at the same service center.
And yes, an RFE is almost always accompanied by a status change/hard LUD, reason I say 'almost' is because of the recent issues with the TSC computer system.
If you end up going the self employment route, please do keep us posted, I am sure many here would like to understand how that works and possibly explore it themselves.
Good luck.
girlfriend The Harley-Davidson Sportster
GotGoose?
04-22 07:15 PM
Took your advice and made another one.
hairstyles 2007 Harley-Davidson FLHR Road
xela
11-11 10:04 AM
Can any one explain to me why EB3 ROW does not move at all.
There cannot be that many 2002 cases left in that category??????
Just seems strange to me.
There cannot be that many 2002 cases left in that category??????
Just seems strange to me.
poorslumdog
10-11 08:08 PM
poorslumdog is tunnel rat
Dont put words into my mouth. get lost.
Dont put words into my mouth. get lost.
whoever
07-20 01:56 PM
we did the same. it seems your marriage in india was just marriage ceremony and not legal marriage.
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