logiclife
04-15 06:54 PM
I have been in this situation but my work location changed more than 100miles within the same state. My attorney asked me to start another labor.
1. If you think that you will move back one the 485 is adjucated, then you dont have to worry. OTherwise, you have file a new labor. Atleast you are safe since your 140 is approved. You can port your PD.
2. If it is within few miles then it should not affect. Still you have to check with your attorney. Few miles sometimes puts you in different couty or state or even in different country. So the term "Few Miles" is relative one and it is better to check with attorney.
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.
1. If you think that you will move back one the 485 is adjucated, then you dont have to worry. OTherwise, you have file a new labor. Atleast you are safe since your 140 is approved. You can port your PD.
2. If it is within few miles then it should not affect. Still you have to check with your attorney. Few miles sometimes puts you in different couty or state or even in different country. So the term "Few Miles" is relative one and it is better to check with attorney.
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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GCaspirations
10-02 12:08 PM
My wife has a non-working SSN. Will she need to convert it (or apply for a new SSN) to working SSN once she starts working persuant to EAD?
You do not have to apply for new SSN but do the following taken from SSA website:
If your work eligibility has changed or if have become a U.S. citizen, you must apply for a replacement card. Your replacement card will no longer read “Not Valid for Employment,” but you will retain the same Social Security number.
To get a replacement card:
Complete an Application For A Social Security Card (Form SS-5); and
Show us documents proving your:
Immigration status;
Work eligibility; and
Identity.
Take (or mail) your completed application and documents to your local Social Security office.
All documents must be either originals or copies certified by the issuing agency. We cannot accept photocopies or notarized copies of documents.
We will mail your number and card as soon as we have all of your information and have verified your documents.
For details about the type of evidence you must provide, see Social Security Numbers For Noncitizens (Publication No. 05-10096) or Documents You Need for a Social Security Card.
You do not have to apply for new SSN but do the following taken from SSA website:
If your work eligibility has changed or if have become a U.S. citizen, you must apply for a replacement card. Your replacement card will no longer read “Not Valid for Employment,” but you will retain the same Social Security number.
To get a replacement card:
Complete an Application For A Social Security Card (Form SS-5); and
Show us documents proving your:
Immigration status;
Work eligibility; and
Identity.
Take (or mail) your completed application and documents to your local Social Security office.
All documents must be either originals or copies certified by the issuing agency. We cannot accept photocopies or notarized copies of documents.
We will mail your number and card as soon as we have all of your information and have verified your documents.
For details about the type of evidence you must provide, see Social Security Numbers For Noncitizens (Publication No. 05-10096) or Documents You Need for a Social Security Card.
mhathi
03-19 12:57 PM
PD is checked both at the time of filing and approval of 485. Once filed, the 485s are processed based on RD. If at the time of adjudication the PD is not current, the file is kept in the "pre-adjudicated" pile until the PD becomes current again for that particular application.
This is my understanding.
This is my understanding.
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lvinaykumar
05-14 01:04 PM
i dont see change in any of the dates...... :D
more...
anilsal
08-05 08:34 PM
To capture unused visa numbers we need to make DC rally big, so lets go to DC on sept 13th and make it big success.......
Nice....;)
Also we need everyone to help out in spreading IV work at the local level (state level). Plus IV welcomes contributions. :)
Nice....;)
Also we need everyone to help out in spreading IV work at the local level (state level). Plus IV welcomes contributions. :)
logiclife
12-04 11:59 AM
I'm with you, why is everyone so afraid?
God knows there would be enough people for a class action lawsuit against DOL.
My congressman called DOL and they said my case had been withdrawn: but it had been withdrawn b/c of THEIR errors, TWICE!
Both times it was reinstated and proved to be their error, and they are still using it as an excuse for not processing it yet.
And I thought "developed" countries worked differently than "developing" countries.
If IV has enough people interested I would certainly be interested to participate in a CA suit against DOL. I am losing hope that diplomacy will bring any results for us to be helpful.
USCIS only works faster when there have been mandamus suits filed against them, unfortunately no one seems to have done anything with DOL. Maybe it's time
For the lawsuit.
This isnt the first time people have thought that lawsuit against DOL is a good idea.
That is not true. Nothing will be gained from the lawsuit. There have been lawsuits against DOL before for exactly the ineffciency and slowness. Those lawsuits have failed. They will fail again. Being inefficient is not against the law. See the IV document on DOL- backlogs here :
http://immigrationvoice.org/index.php?option=com_content&task=view&id=67&Itemid=50
Also, read about the lawsuit Liberty Fund v. Chao and judge's opinion on that lawsuit.
And BTW, earlier this year, there were few people on immigration portal collecting money for lawsuit against DOL. I dont know how far it went.
God knows there would be enough people for a class action lawsuit against DOL.
My congressman called DOL and they said my case had been withdrawn: but it had been withdrawn b/c of THEIR errors, TWICE!
Both times it was reinstated and proved to be their error, and they are still using it as an excuse for not processing it yet.
And I thought "developed" countries worked differently than "developing" countries.
If IV has enough people interested I would certainly be interested to participate in a CA suit against DOL. I am losing hope that diplomacy will bring any results for us to be helpful.
USCIS only works faster when there have been mandamus suits filed against them, unfortunately no one seems to have done anything with DOL. Maybe it's time
For the lawsuit.
This isnt the first time people have thought that lawsuit against DOL is a good idea.
That is not true. Nothing will be gained from the lawsuit. There have been lawsuits against DOL before for exactly the ineffciency and slowness. Those lawsuits have failed. They will fail again. Being inefficient is not against the law. See the IV document on DOL- backlogs here :
http://immigrationvoice.org/index.php?option=com_content&task=view&id=67&Itemid=50
Also, read about the lawsuit Liberty Fund v. Chao and judge's opinion on that lawsuit.
And BTW, earlier this year, there were few people on immigration portal collecting money for lawsuit against DOL. I dont know how far it went.
more...
ruchigup
08-22 04:17 PM
Why do u need them for gc ? Your 485 is already pending.
Right now Baker McKenzie represent my I-485 case. After I am no longer with my current employer, I need to file G-28 to change my attorney representation.
Right now Baker McKenzie represent my I-485 case. After I am no longer with my current employer, I need to file G-28 to change my attorney representation.
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jasmin45
02-26 10:53 AM
Hi one question,,,if I go home to my country to study using H4 while my GC is pending,then suddenly the GC was sent to my sister here in US,can my sister just mail my GC to me in my country so that if i go back here in the US,i can present my GC to the US immigration???uh!im confussed!thanks!
First of all you have an "If" in your question. So I belive this is for future plan.
Now, when you say "suddenly GC was sent to your sister here in US" I am comfused as to whether your sister has already got the GC in mail and you are outside US?
I would request you to provide some more information on your status and info such as Whether you have had/will have approved "AP" etc before you left/plan to leave this country for studies.
First of all you have an "If" in your question. So I belive this is for future plan.
Now, when you say "suddenly GC was sent to your sister here in US" I am comfused as to whether your sister has already got the GC in mail and you are outside US?
I would request you to provide some more information on your status and info such as Whether you have had/will have approved "AP" etc before you left/plan to leave this country for studies.
more...
hemasar
05-05 08:29 AM
Hi,
What is the e-Mail address for PBEC to apply for screenshot of proof of pending LC? What are the details I have to send them?
What is the e-Mail address for PBEC to apply for screenshot of proof of pending LC? What are the details I have to send them?
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rally
07-13 03:04 PM
Dont we need to wear saris and dhotis , we are followers of Gandhian principles ?
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Mumbai_girl
12-02 11:22 AM
I would very much appreciate if I could get your input in the following situation.
I have plans to travel on 7th Dec but am still waiting for my AP. The AP was aproved on 6th Nov along with my spouse's AP on the same date. He got his AP (thru lawyer) about 10 days back, but I did not receive it. Chances look bleak that I will get AP before 4th Dec (by which date I need to cancel my tickets to get a refund). However, I have a I-797 which is valid till Mar 2008. I wanted to use that to get H1 stamping in India, but when I spoke to my Lawyer, I was told that I cannot do so beacuse the 797 is expiring in 3 months.
If you have a recent experience of getting H1 stamped with your I797 expiring in a few months please do reply.
I have plans to travel on 7th Dec but am still waiting for my AP. The AP was aproved on 6th Nov along with my spouse's AP on the same date. He got his AP (thru lawyer) about 10 days back, but I did not receive it. Chances look bleak that I will get AP before 4th Dec (by which date I need to cancel my tickets to get a refund). However, I have a I-797 which is valid till Mar 2008. I wanted to use that to get H1 stamping in India, but when I spoke to my Lawyer, I was told that I cannot do so beacuse the 797 is expiring in 3 months.
If you have a recent experience of getting H1 stamped with your I797 expiring in a few months please do reply.
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pitha
01-31 03:17 PM
the address for checking case status is
https://egov.immigration.gov/cris/jsps/caseStat.jsp
You have to enter your receipt number
Is there a way to track the status of one's I-140 petition through USCIS's website?
https://egov.immigration.gov/cris/jsps/caseStat.jsp
You have to enter your receipt number
Is there a way to track the status of one's I-140 petition through USCIS's website?
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Vsach
07-01 12:50 PM
Dear ALL,
Please share the insights, my son will start applying soon.
Thanks
Please share the insights, my son will start applying soon.
Thanks
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snathan
05-19 01:00 PM
Get a letter from your USA office on their letter head that you will be in USA to do just business discussion, and stay will be very short.
Show them that you have strong tie-up's back in India (family/house/properties/relatives etc).
Tell them you have to continue your job in India after the business discussions in USA.
Also show visa officer that you will not get paid in USA (no pay roll); business expenses are covered by company.
just one cent info....
How and how they can prove he is not going to do any work at the location, the client will not be charged for that?
Show them that you have strong tie-up's back in India (family/house/properties/relatives etc).
Tell them you have to continue your job in India after the business discussions in USA.
Also show visa officer that you will not get paid in USA (no pay roll); business expenses are covered by company.
just one cent info....
How and how they can prove he is not going to do any work at the location, the client will not be charged for that?
more...
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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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andycool
01-27 07:13 AM
Can he add an amendment to divide spillover equally between EB2 and EB3 India. This will help a lot.
Even if its only for Phd's ....40,000 More Visas will be available for EB2 and EB3
i think EB2 Back log will be wiped away just in 1 year and fall down will be there for EB3.
Even if its only for Phd's ....40,000 More Visas will be available for EB2 and EB3
i think EB2 Back log will be wiped away just in 1 year and fall down will be there for EB3.
more...
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anurakt
01-20 10:27 AM
I have no answer for this, I guess someone in this forum who is a US graduate can help us.
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kminkeller
03-09 03:54 PM
Thanks Radhagd:
Is it necessary to do consular processing. PD for EB2 for my country is current. Also, can we premium process my LABOR and I140 now a days?
Thanks.
Is it necessary to do consular processing. PD for EB2 for my country is current. Also, can we premium process my LABOR and I140 now a days?
Thanks.
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gc_wow
09-16 10:54 PM
Get the cnn chief and make this lou dog on our side, that would be he will never talk about H1b and will praise IV for their efforts in improving USCIS and public policy. This is the time to do this. If dog wont budge then pull sponsers and chase him to the end of earth and may be hell.I have never seen such a bigot in my life.
ronhira
07-11 02:16 PM
My EAD and AP application was received June 19, 2009 at TSC. To my pleasant shocking & surprise USCIS approved mine and wife's application in 20 days and we received the card today.
We are happy with the speed and efficiency USCIS and wish they could do everything the same way. we received two year EAD but concerned as receiving a two year EAD indicates that it may take a while to get my PD (Dec 2005).
Thanks
Senthil.
that was a mistake :p ..... they meant to take 200 days..... but the guy who was doing data entry typed 20 instead of 200. So your EAD/AP got processed in 20 days..... in the end uscis did something right by mistake ...... we all just have to hope that uscis will continue to do these mistakes ..... without which no application can get processed in a timely manner.
We are happy with the speed and efficiency USCIS and wish they could do everything the same way. we received two year EAD but concerned as receiving a two year EAD indicates that it may take a while to get my PD (Dec 2005).
Thanks
Senthil.
that was a mistake :p ..... they meant to take 200 days..... but the guy who was doing data entry typed 20 instead of 200. So your EAD/AP got processed in 20 days..... in the end uscis did something right by mistake ...... we all just have to hope that uscis will continue to do these mistakes ..... without which no application can get processed in a timely manner.
santb1975
02-15 09:17 AM
We gotto
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