GCBy3000
04-15 07:35 PM
I agree as long as you have filed your 485 and 180 days is passed. But in my case, I have not even crossed the labor stage. It was pending with BEC when my company asked me to move. I tried a lot to convince my attorney thinking that I might miss the boat of 485 if at all it becomes current, but it did not help.
THe LPR clearly states that it will become void if any of the below changes.
1. Job description
2. Location
3. Something else, I dont remeber.
The above will not come into effect, if you had crossed 180 days of 485.
Also my attorney told that USCIS will not be able to find from where I file from 485, but it is risk on my part when I go for naturalization. Also if for some reaosn a RFE is issued, any company will tell the truth and the beneficiary will be in trouble. So it is always better to file a new labor unless the beneficiary is intened to move back to original location during the adjucation process and stays at that location for 6+ months.
I dont understand how you got away with this one after changing the location. With your example, the locational requirement of LPR does not make sense at all. Anybody can file LPR anywhere and move anywhere as long as 485 takes more than 180 days. One can deliberately file 485 with improper documentst to delay the approval and getaway. Double check with your attorney on this one and playing safe is not bad idea at all with the current USCIS mess and immigration laws.
AGAIN, I THINK WHEN YOU FILE YOUR 485 you have to be working in the location as stated in your LPR AS PER THE LAW, eventhough USCIS will not be able to find it. Before PERM, there was a column to state the beneficiary will work anywhere in US. But this not available anymore with PERM. The bottom line is the strongest part of LPR, "THE LOCATION", does not make sense at all.
By making you file for new labor, your attorney has played it too safe. In your case, filing a new labor was not neccesary. Please read below and check with an immigration lawyer for advice. I AM NOT A LAWYER but this advice is based on 2 different lawyers I have talked to regarding my own case where I moved from Phoenix, to Reno after my labor was filed.
Here is the deal when changing the location while GC is pending:
1. You can change location during your pending GC. But your job description must not change. Also, you have to move back to the location where your GC was filed, ONLY IF your 485 is processed and approved in less than 180 days from filing (I dont think USCIS will ever be that efficient and process 485 petitions in less than 180 days). That's because your option of AC21 of changing employers and locations (within the same job description, you cant work at a gas station or McDonalds) kicks in after 180 days of filing 485. If your 485 is approved in less than 180 days, then yes, you have to go back to the original location where your Greencard was filed because you dont have the AC21 options of switching employers and locations during your 485 stage ... which is available ONLY AFTER 180 days have passed in the processing of your 485 file.
So as long as your 485 takes longer than 180 days, you can continue to work at your new location even though you GC and labor was filed at a previous location.
2. After 180 days of filing 485, you can change employers using your EAD and change locations. No limit. But it has to be the same job description. You cannot start working as a manager if your Greencard was filed for the position of a programmer.
THe LPR clearly states that it will become void if any of the below changes.
1. Job description
2. Location
3. Something else, I dont remeber.
The above will not come into effect, if you had crossed 180 days of 485.
Also my attorney told that USCIS will not be able to find from where I file from 485, but it is risk on my part when I go for naturalization. Also if for some reaosn a RFE is issued, any company will tell the truth and the beneficiary will be in trouble. So it is always better to file a new labor unless the beneficiary is intened to move back to original location during the adjucation process and stays at that location for 6+ months.
I dont understand how you got away with this one after changing the location. With your example, the locational requirement of LPR does not make sense at all. Anybody can file LPR anywhere and move anywhere as long as 485 takes more than 180 days. One can deliberately file 485 with improper documentst to delay the approval and getaway. Double check with your attorney on this one and playing safe is not bad idea at all with the current USCIS mess and immigration laws.
AGAIN, I THINK WHEN YOU FILE YOUR 485 you have to be working in the location as stated in your LPR AS PER THE LAW, eventhough USCIS will not be able to find it. Before PERM, there was a column to state the beneficiary will work anywhere in US. But this not available anymore with PERM. The bottom line is the strongest part of LPR, "THE LOCATION", does not make sense at all.
By making you file for new labor, your attorney has played it too safe. In your case, filing a new labor was not neccesary. Please read below and check with an immigration lawyer for advice. I AM NOT A LAWYER but this advice is based on 2 different lawyers I have talked to regarding my own case where I moved from Phoenix, to Reno after my labor was filed.
Here is the deal when changing the location while GC is pending:
1. You can change location during your pending GC. But your job description must not change. Also, you have to move back to the location where your GC was filed, ONLY IF your 485 is processed and approved in less than 180 days from filing (I dont think USCIS will ever be that efficient and process 485 petitions in less than 180 days). That's because your option of AC21 of changing employers and locations (within the same job description, you cant work at a gas station or McDonalds) kicks in after 180 days of filing 485. If your 485 is approved in less than 180 days, then yes, you have to go back to the original location where your Greencard was filed because you dont have the AC21 options of switching employers and locations during your 485 stage ... which is available ONLY AFTER 180 days have passed in the processing of your 485 file.
So as long as your 485 takes longer than 180 days, you can continue to work at your new location even though you GC and labor was filed at a previous location.
2. After 180 days of filing 485, you can change employers using your EAD and change locations. No limit. But it has to be the same job description. You cannot start working as a manager if your Greencard was filed for the position of a programmer.
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pointlesswait
07-30 09:08 AM
what i meant was...as individuals we can have views different from IV..;-)
as members of IV..we stick with the our IV goal.. thats all..no controversy there..;)
Yes, but we do not represent the CHC, nor are we in any way affiliated to them.
Secondly there are no "individual constituents" when it comes to Immigration Voice. This is an organization OF, FOR and BY the "EMPLOYMENT BASED LEGAL IMMIGRANTS". We neither support nor oppose rewards or penalties for or against the undocumented workers (illegal immigrants). Individual members can have their own "opinions/biases", but NO individual member can speak on behalf of Immigration Voice on major issues. As per my understanding, ONLY the IV Core team/Board members as a WHOLE can make such decisions.
as members of IV..we stick with the our IV goal.. thats all..no controversy there..;)
Yes, but we do not represent the CHC, nor are we in any way affiliated to them.
Secondly there are no "individual constituents" when it comes to Immigration Voice. This is an organization OF, FOR and BY the "EMPLOYMENT BASED LEGAL IMMIGRANTS". We neither support nor oppose rewards or penalties for or against the undocumented workers (illegal immigrants). Individual members can have their own "opinions/biases", but NO individual member can speak on behalf of Immigration Voice on major issues. As per my understanding, ONLY the IV Core team/Board members as a WHOLE can make such decisions.
seahawks
03-27 12:54 AM
you can volunteer for your future employer as long as there is no financial transactions involved.
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pbojja
03-24 05:47 PM
Great job Mark ,Appreciate your efforts
I think the last caller is a stupid and dont know the difference between the Highly skilled and Undocumented workers , he is refereing to workers in restaurent to the H1B workers .
I think the last caller is a stupid and dont know the difference between the Highly skilled and Undocumented workers , he is refereing to workers in restaurent to the H1B workers .
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NKR
05-01 11:54 AM
Consult an attorney and see if you can re-open your old case or port that date onto a new case. You don�t want to start your GC process all over again. It is a pain for someone from retrogressed country.
Ann Ruben
07-14 08:02 AM
Hello Ruben,
Can you help me out on the visa? My employer had sent you an email last week to aruben@srrlaw.us with the subject name "Keerthi Shankar".
Earnestly waiting for your reply.
Thanks.
Hi Keerthi,
I would be happy to help. I don't recall getting an e-mail from your employer last week. It is possible that it ended up in a spam folder. Could you ask your employer to resend today and i will be on the lookout for it.
Ann
Can you help me out on the visa? My employer had sent you an email last week to aruben@srrlaw.us with the subject name "Keerthi Shankar".
Earnestly waiting for your reply.
Thanks.
Hi Keerthi,
I would be happy to help. I don't recall getting an e-mail from your employer last week. It is possible that it ended up in a spam folder. Could you ask your employer to resend today and i will be on the lookout for it.
Ann
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japs19
02-25 02:54 PM
My case was transferred to local office of Los Angeles, CA. I received a note saying on Dec 7th it was transferred to expedite the processing and they (LA office) will let me know when decision is made.
Current processing date for I-485 is August 19th. Does that mean that when they reach Dec 7th they will process my case regardless of my PD(which is June 05)?
Current processing date for I-485 is August 19th. Does that mean that when they reach Dec 7th they will process my case regardless of my PD(which is June 05)?
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poorslumdog
09-04 03:38 PM
If at this rate the people are dying, In 1-2 years every one will be finished.
Do they die because of RAT FEVER, SLUM DOG FEVER, MONKEY FEVER or SWINE FLUE ???
Man...you rock
Do they die because of RAT FEVER, SLUM DOG FEVER, MONKEY FEVER or SWINE FLUE ???
Man...you rock
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fromnaija
10-30 02:05 PM
Basically you are correct but if you are a little paranoid about your status you may take gc_chahiye's advice as expressed above. The choice is yours.
Please correct me if I am wrong i.e. I can continue working as I have already applied for my H1 extension and whatever the H1 extension response is based on that if it is approved I can stay on H1 else if extension denied for some reason then at that point I can move to EAD and file a new I-9 Form with my employer and continue my work.
Thanks
Please correct me if I am wrong i.e. I can continue working as I have already applied for my H1 extension and whatever the H1 extension response is based on that if it is approved I can stay on H1 else if extension denied for some reason then at that point I can move to EAD and file a new I-9 Form with my employer and continue my work.
Thanks
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gk_2000
02-03 08:16 PM
Hi EveryOne,
I got my Green card in mail yesterday. I want to thank IV and everyone for all the support during this GC journey. I wish everyone all the best for their green card process. I wish everyone gets to file 485 irrespective of priority dates and ultimately get their green cards. This is a question to Admin, i have a recursive donation going on, I would like to make a one time donation and stop the recursive donation.
Thanks.
I would say it's iterative, not recursive. But congrats anyhow
I got my Green card in mail yesterday. I want to thank IV and everyone for all the support during this GC journey. I wish everyone all the best for their green card process. I wish everyone gets to file 485 irrespective of priority dates and ultimately get their green cards. This is a question to Admin, i have a recursive donation going on, I would like to make a one time donation and stop the recursive donation.
Thanks.
I would say it's iterative, not recursive. But congrats anyhow
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Sakthisagar
10-04 08:49 AM
Hello,
Folks, who is in PA, Please take a print out of this document.
http://www.dot3.state.pa.us/pdotforms/fact_sheets/pub195nc.pdf
and show them the column, "Lawful Temporary Residents" they cannot refuse to give licence, the employees in DMV should get a training, Otherwise contact Harrisburg, PA DMV and talk to an officer, get his name and let the people who refuse, to call him and talk to him about the revised law 8 months back.
Folks, who is in PA, Please take a print out of this document.
http://www.dot3.state.pa.us/pdotforms/fact_sheets/pub195nc.pdf
and show them the column, "Lawful Temporary Residents" they cannot refuse to give licence, the employees in DMV should get a training, Otherwise contact Harrisburg, PA DMV and talk to an officer, get his name and let the people who refuse, to call him and talk to him about the revised law 8 months back.
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seeking_GC
07-18 08:13 PM
Hi,
I am in the same situation. I just got the tracking number from my lawyer for the fedex that he had sent on June 30 and he has sent it to Dallas . I live and work in California. I went through the Direct Filing press release and the USCIS link :
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
and now I am confused as to whether my lawyer did the right thing or its ok to send the application to Dallas??
Anyone any thoughts???
I am in the same situation. I just got the tracking number from my lawyer for the fedex that he had sent on June 30 and he has sent it to Dallas . I live and work in California. I went through the Direct Filing press release and the USCIS link :
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
and now I am confused as to whether my lawyer did the right thing or its ok to send the application to Dallas??
Anyone any thoughts???
more...
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slc_ut
05-28 07:31 PM
hi, thanks for info. But one more question. Yes, now and then a date in Oct' 2006 is showing up. But, it will take time to fill all the forms after i proceed. What are the chances that i will get that date when other people are competing in real-time? Please post a reply.
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kaisersose
08-01 01:09 PM
Wishful thinking.
1. All they did in June was to assign visa numbers to already processed 485 applications. These cases were fully processed and were just awaiting visa numbers for approval. They could have just as easily assigned 4 million visa numbers in that time frame. Hence, this June activity has no bearing on actual 485 processing time as this also includes security checks (can run into years) which are not in the hands of of the USCIS.
2. Rajiv Khanna says not all visa numbers for the fiscal year are made available on Oct 01. Visa numbers are released in limited batches for the first 3 quarters. It is only during the last quarter (July-September) that DOS is allowed to go to town and release all pending numbers of that year.
1. All they did in June was to assign visa numbers to already processed 485 applications. These cases were fully processed and were just awaiting visa numbers for approval. They could have just as easily assigned 4 million visa numbers in that time frame. Hence, this June activity has no bearing on actual 485 processing time as this also includes security checks (can run into years) which are not in the hands of of the USCIS.
2. Rajiv Khanna says not all visa numbers for the fiscal year are made available on Oct 01. Visa numbers are released in limited batches for the first 3 quarters. It is only during the last quarter (July-September) that DOS is allowed to go to town and release all pending numbers of that year.
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DSJ
06-01 01:25 PM
This news is going on for a while. It is a waste of time analyze same story from different website without facts (pending no's) and date of backlog clear.
Note we have already seen their commitment to clear labor backlog, which has been postponed several times.
The White House has put up a fact sheet. Reason I came across it is because Google groups it together with our press releases when returning results. This fact sheet states twice that the bill will eliminate existing EB backlogs. Do they know something we don't?
http://www.whitehouse.gov/news/releases/2007/05/20070531-19.html
3. The Bill Will Eliminate The Current Application Backlog For Employment-Based Visas And Make 380,000 Green Cards Available Under The Merit-Based System - Up From 140,000 Employment-Based Visas Available Today.
Once The Backlogs Of Employment-Based Applicants And Family-Based Applicants Are Cleared, There Will Be 380,000 Green Cards Available Under The Merit-Based System - Up From 140,000 Employment-Based Green Cards Today. The bill makes 247,000 green cards immediately available under the merit-based system each year for the first five years after enactment.
Also, check out the sample points assignments at the end of the fact sheet.
Note we have already seen their commitment to clear labor backlog, which has been postponed several times.
The White House has put up a fact sheet. Reason I came across it is because Google groups it together with our press releases when returning results. This fact sheet states twice that the bill will eliminate existing EB backlogs. Do they know something we don't?
http://www.whitehouse.gov/news/releases/2007/05/20070531-19.html
3. The Bill Will Eliminate The Current Application Backlog For Employment-Based Visas And Make 380,000 Green Cards Available Under The Merit-Based System - Up From 140,000 Employment-Based Visas Available Today.
Once The Backlogs Of Employment-Based Applicants And Family-Based Applicants Are Cleared, There Will Be 380,000 Green Cards Available Under The Merit-Based System - Up From 140,000 Employment-Based Green Cards Today. The bill makes 247,000 green cards immediately available under the merit-based system each year for the first five years after enactment.
Also, check out the sample points assignments at the end of the fact sheet.
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ujjvalkoul
01-18 01:24 PM
Just got email from Buffalo Can Immi Office - Just the Principle applicant needs to take the IELTS test.
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txh1b
08-18 01:39 PM
The attorney's post re-iterates what I have been saying. You did not qualify for H1b portability. Even if USCIS approves the case with a I-94, you cannot consider yourself safe as it might come back and bite you for working illegally.
If you do not exit and re-enter, all the period that you spent in US from the day of losing your job can be considered unauthorized and may result in your GC denial or a ban of 3-10 years based on the time spent.
If you do not exit and re-enter, all the period that you spent in US from the day of losing your job can be considered unauthorized and may result in your GC denial or a ban of 3-10 years based on the time spent.
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lazycis
05-07 02:16 PM
are you sure of this ..if yes, then how does one do that ..do you need to show you can make the salary mentioned on your own ??
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed.
Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues.
Third, as with any portability case, USCIS will focus on whether the I-140 petition represented the truly intended employment at the time of the filing of both the I-140 and the I-485. This means that, as of the time of the filing of the I-140 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.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed.
Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues.
Third, as with any portability case, USCIS will focus on whether the I-140 petition represented the truly intended employment at the time of the filing of both the I-140 and the I-485. This means that, as of the time of the filing of the I-140 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.
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DallasBlue
08-23 08:55 PM
I am new here, Could anyone explain what is Texas State Chapter Activation about? how does that work? thanks!
welcome to IV!!
Members from the state chapters carry out local activites at the city/state/regional levels.
This message thread 'Texas State Chapter Activation' is/was created to bring together members from Texas, when the state chapter was activated some time back.
Like explained in the above post, join/subscribe to the Texas State Chapter Yhaoo group and you will hear more from the Texas members about the local activities. Hope to see you in texasiv.
welcome to IV!!
Members from the state chapters carry out local activites at the city/state/regional levels.
This message thread 'Texas State Chapter Activation' is/was created to bring together members from Texas, when the state chapter was activated some time back.
Like explained in the above post, join/subscribe to the Texas State Chapter Yhaoo group and you will hear more from the Texas members about the local activities. Hope to see you in texasiv.
nozerd
02-26 09:14 AM
Where is the best place to learn Peoplesoft ? What is future scope of Peoplesoft ? Also where is a good place to learn SAP or Oracle Financials ?
Do local Univ or Community colleges - Computer Science or MIS departments offter these classes ? Does one need to learn C to learn these applications ?
My only prior programming experience is in Basic and Fortran languages eons ago.
Do local Univ or Community colleges - Computer Science or MIS departments offter these classes ? Does one need to learn C to learn these applications ?
My only prior programming experience is in Basic and Fortran languages eons ago.
53885
05-12 01:02 PM
Sent to 40 media orgs in Nevada.
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