lazycis
04-06 04:48 PM
lazycis, jhaalaa, meridiani - Thanks for your inputs...you guys rock. :cool:
I believe Jhaalaa trying to caution me not to take chances and move to another employer, which could potentially cause RFE to my case. If so, thanks for you concern.
Meridiani thanks for the doc. I will read through it.
One more question, when I first filed my LC, I made x dollars, then I got a promotion and now making x+10K. When I move to a new employer, should I make x dollars? or x+10K? or is it okay to make x-10K? :confused:
See question 5 in the memo.
http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf
Salary discrepancies do not really matter. It's certainly OK to make x+10 on the new job. Come on, some LC were filed 5 years ago. In my case my salary almost doubled by the time I-485 was approved (and I was working for a new company as well). It's good to be cautious, but you should not be overly concerned with these issues as the law only says that your new occupation has to be same or similar to that mentioned in LC. The USCIS never implemented the regulations regarding portability. And I never heard of the case where I-485 was denied because of the portability issue (if it was invoked after 180 days).
I believe Jhaalaa trying to caution me not to take chances and move to another employer, which could potentially cause RFE to my case. If so, thanks for you concern.
Meridiani thanks for the doc. I will read through it.
One more question, when I first filed my LC, I made x dollars, then I got a promotion and now making x+10K. When I move to a new employer, should I make x dollars? or x+10K? or is it okay to make x-10K? :confused:
See question 5 in the memo.
http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf
Salary discrepancies do not really matter. It's certainly OK to make x+10 on the new job. Come on, some LC were filed 5 years ago. In my case my salary almost doubled by the time I-485 was approved (and I was working for a new company as well). It's good to be cautious, but you should not be overly concerned with these issues as the law only says that your new occupation has to be same or similar to that mentioned in LC. The USCIS never implemented the regulations regarding portability. And I never heard of the case where I-485 was denied because of the portability issue (if it was invoked after 180 days).
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kumjay
06-28 03:37 PM
O MY GOD !! You are so right............guys.. check out Rajiv Khanna's web site, Check out Sheela Murthy's web site, USCIS.....everyone is saying the same.........we are royally screwed. God Helppppppppppp
nirdlalegcade
02-26 12:37 PM
what if my I-485 is July 20, 2007 (it is processing), how long will it take before they can send my GC to me?
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bkarnik
11-03 04:34 PM
Talk to an attorney. Either way it will be money well spent. From what I have heard, these non-compete clauses are very weak and generally unenforceable. Typically, these clauses are applicable for very high level jobs where you may be in a position to benefit a competitor due to your inside knowledge of the current company. Recently, Microsoft had sued one of its senior level employee who left to join Google on the non-compete issue. From what I read the last about it, Google aggressively defended its employee and the case was dismissed.
I would suggest talking to an attorney specializing in contracts.
I would suggest talking to an attorney specializing in contracts.
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rc10580
06-13 03:06 PM
South of Brazil sounds good to me but my husband is not open to it and he is the one who is Brazilian :rolleyes:
He is much more in favor of Europe and since I have EU passport we can basically live anywhere and he would be able to work the next day :D I feel like I have put so much effort into this by now that I'm not walking away this close. We will hang on and make decisions once we have GC and options to chose. You are so close! Don't give up now after waiting so long! Is your situation at work that bad? Is your wife working?
He is much more in favor of Europe and since I have EU passport we can basically live anywhere and he would be able to work the next day :D I feel like I have put so much effort into this by now that I'm not walking away this close. We will hang on and make decisions once we have GC and options to chose. You are so close! Don't give up now after waiting so long! Is your situation at work that bad? Is your wife working?
imm_pro
07-18 01:03 PM
This suggested flower campaign is to send flowers to DOL (Atlanta) and not USCIS.
Members please support or suggest ideas to expedite Atlanta labor processing time.
Members please support or suggest ideas to expedite Atlanta labor processing time.
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manishcp
09-21 07:00 PM
Thanks for information.
Manish
Manish
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rajeevkaza
10-30 09:33 PM
Hi,
I understand ur problem, let us fix one by one, Ideally you are supposed to apply ur H1B atleast before 1 month, at the same time you can apply ur H1B extension within 45 days after expiry date with a genuine reason. As your Attorney to show proof and have him apply for H1B. Once you receive your receipt number you are still on H1B, if there is a way try to get it done in premium process.
Now coming to using EAD, once you start using it, as far as my little knowledge goes you should not come back to H1B.
Good Luck.
I understand ur problem, let us fix one by one, Ideally you are supposed to apply ur H1B atleast before 1 month, at the same time you can apply ur H1B extension within 45 days after expiry date with a genuine reason. As your Attorney to show proof and have him apply for H1B. Once you receive your receipt number you are still on H1B, if there is a way try to get it done in premium process.
Now coming to using EAD, once you start using it, as far as my little knowledge goes you should not come back to H1B.
Good Luck.
more...
sku
01-16 03:29 PM
The situation seems to be so bad that my immigration attorney sent out a seminar invitation to discuss the lay-off of immigrant workers what to do what not to do. Their agenda includes:
Termination and Layoff Tips
Ensuring that decisions are properly documented and supported
Evaluating if Worker Adjustment and Retraining Notification Act (WARN) or similar state law applies to your company
Complying with employer obligations for laid off nonimmigrant workers and understanding impact on employees' immigration status
Avoiding Legal Landmines When Reducing Pay or Hours
Avoiding potential discrimination and overtime claims
Preventing wage violations for nonimmigrant employees and employees sponsored for green cards
Managing Office Closures: Forced Vacation or Time Off Without Pay
Avoiding wage and hour violations
Strategies for Reducing Immigration Costs
Establishing policies for employee payment of certain immigration costs
Drafting enforceable repayment agreements
Termination and Layoff Tips
Ensuring that decisions are properly documented and supported
Evaluating if Worker Adjustment and Retraining Notification Act (WARN) or similar state law applies to your company
Complying with employer obligations for laid off nonimmigrant workers and understanding impact on employees' immigration status
Avoiding Legal Landmines When Reducing Pay or Hours
Avoiding potential discrimination and overtime claims
Preventing wage violations for nonimmigrant employees and employees sponsored for green cards
Managing Office Closures: Forced Vacation or Time Off Without Pay
Avoiding wage and hour violations
Strategies for Reducing Immigration Costs
Establishing policies for employee payment of certain immigration costs
Drafting enforceable repayment agreements
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waiting_4_gc
07-20 02:06 PM
Can someone advise on this. My 6 yrs of H1 expires in Jan 2008. Employer says they will only apply 90 days prior to H1-b expiration.
They already applied my 485 and AP.
What should I be doing?
1. Can I apply EAD myself?
2. will I get in trouble if I do not have EAD and my H1 expires?
3. Can I move to new employer using AC21 without EAD?
You can apply for EAD
I believe you have to have either EAD or valid H1B
You can move to new employer using AC21 WITH EAD
----------
Contributed $100.00 so far.
They already applied my 485 and AP.
What should I be doing?
1. Can I apply EAD myself?
2. will I get in trouble if I do not have EAD and my H1 expires?
3. Can I move to new employer using AC21 without EAD?
You can apply for EAD
I believe you have to have either EAD or valid H1B
You can move to new employer using AC21 WITH EAD
----------
Contributed $100.00 so far.
more...
avi101
05-19 04:10 AM
Here's my 2c
- I guess you may already be aware that you can file I485 only if your PD is current.
- Don't delay applying for your I140. Atleast get that going. The more you delay, the more things may change, rules may change at USCIS.. you never know. Plus, once you get your I40 approved and if you decide to quit your current employer you should be able to port your Priority Date. (There are conflicting opinions on what happens should the employer revoke your I140, so research more on that.) If DOL comes out with rule to end labor substitution, then your employer wont have any benefit in revoking your I140. A decision on labor substitution may be coming soon.
- Beside the I140 application notice, you also need employment support letter from your employer for your I485 as yours is an employment based GC. Your employer can delay all they want. My suggestion would be get in good terms with him\her (I know its difficult but suck up for some time), see if you can work out an NON-WRITTEN agreement on continuing to work for an extended period of time. If you put something in writing saying that you wont work afte r x number of months, it could potentially hurt you. GC needs good faith intent from both employer and beneficiary. Your employer can use that against you. Also, if there are any I140 RFEs you may still need your employer's help.
So don't burn bridges if you can. If you can't tolerate your employer any more, atleast try to get your I140 applied and approved so that you have a shot at retaining your PD.
- I guess you may already be aware that you can file I485 only if your PD is current.
- Don't delay applying for your I140. Atleast get that going. The more you delay, the more things may change, rules may change at USCIS.. you never know. Plus, once you get your I40 approved and if you decide to quit your current employer you should be able to port your Priority Date. (There are conflicting opinions on what happens should the employer revoke your I140, so research more on that.) If DOL comes out with rule to end labor substitution, then your employer wont have any benefit in revoking your I140. A decision on labor substitution may be coming soon.
- Beside the I140 application notice, you also need employment support letter from your employer for your I485 as yours is an employment based GC. Your employer can delay all they want. My suggestion would be get in good terms with him\her (I know its difficult but suck up for some time), see if you can work out an NON-WRITTEN agreement on continuing to work for an extended period of time. If you put something in writing saying that you wont work afte r x number of months, it could potentially hurt you. GC needs good faith intent from both employer and beneficiary. Your employer can use that against you. Also, if there are any I140 RFEs you may still need your employer's help.
So don't burn bridges if you can. If you can't tolerate your employer any more, atleast try to get your I140 applied and approved so that you have a shot at retaining your PD.
hot Just Truth.: December 2009
roseball
02-20 04:14 PM
Thanks for the replies, I appreciate the time.
When I look back at the timelines, when we applied for the 485s, we thought he was in status but afterwards, we realized he might not have been. Since then, we have renewed the H4 twice, and each time there was an I94 attached and the last one is still valid, so he is in status now.
My concern is (1) that when the time comes to adjudicate his 485, someone might look back and say err, ten years ago there was a problem... I hope it won't happen, but I just want to be safe and my understanding is that returning with a stamped H4 would cure this and (2) that if we decide to go for the stamping, whether someone in the embassy would dig up the records and cause us problems.
Thanks for the insight.
Since you already got H4 extensions with attached I-94s, current status is not an issue. The issue will be with his I-485 application as he was out-of-status when it was applied. You should try and go to the US consulate outside US and get a H4 stamped. In my opinion, getting new VISAs will not be an issue since it was an honest mistake on your part and as soon as you realized it you applied for extensions and you should acknowledge it in your visa application. You have to get this done before USCIS issues an RFE asking for your son's status information. For how long was your son out of status. The duration of invalid status has different implications. In any case, before leaving US, you should take advise from a good attorney. Once your son gets H4 visa stamped and re-enters US on a valid H4 status, his previous out-of-status issue will be void. Please note that re-entering on AP does not void earlier out-of-status.
When I look back at the timelines, when we applied for the 485s, we thought he was in status but afterwards, we realized he might not have been. Since then, we have renewed the H4 twice, and each time there was an I94 attached and the last one is still valid, so he is in status now.
My concern is (1) that when the time comes to adjudicate his 485, someone might look back and say err, ten years ago there was a problem... I hope it won't happen, but I just want to be safe and my understanding is that returning with a stamped H4 would cure this and (2) that if we decide to go for the stamping, whether someone in the embassy would dig up the records and cause us problems.
Thanks for the insight.
Since you already got H4 extensions with attached I-94s, current status is not an issue. The issue will be with his I-485 application as he was out-of-status when it was applied. You should try and go to the US consulate outside US and get a H4 stamped. In my opinion, getting new VISAs will not be an issue since it was an honest mistake on your part and as soon as you realized it you applied for extensions and you should acknowledge it in your visa application. You have to get this done before USCIS issues an RFE asking for your son's status information. For how long was your son out of status. The duration of invalid status has different implications. In any case, before leaving US, you should take advise from a good attorney. Once your son gets H4 visa stamped and re-enters US on a valid H4 status, his previous out-of-status issue will be void. Please note that re-entering on AP does not void earlier out-of-status.
more...
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coolmanasip
03-22 10:54 AM
It should be safe to travel for both of you.....
I am exactly in the same situation.....EB2, I40 approved, PD June 2006, and filed 485 in the july 2007 mess... I changed my job immediately after 6 months passed in March 2008....I have not informed USCIS about job change (AC21)......and my port of entry was Washington DC (IAD) airport......
I have travellled twice using the AP, once in April 2008 and once in December 2009.....went through typical two step exit process from immigration......first time, I was asked who do I work for ---- I told the name of the new company and said I used to work for XX compnay (filing company).....no follow up questions or documents were asked for.....second time no questions at all.....
Both times, I got a feel from what they were checking is that all they check is whether your I-485 is pending or not in their system......
hope this helps...
Thanks....
I am exactly in the same situation.....EB2, I40 approved, PD June 2006, and filed 485 in the july 2007 mess... I changed my job immediately after 6 months passed in March 2008....I have not informed USCIS about job change (AC21)......and my port of entry was Washington DC (IAD) airport......
I have travellled twice using the AP, once in April 2008 and once in December 2009.....went through typical two step exit process from immigration......first time, I was asked who do I work for ---- I told the name of the new company and said I used to work for XX compnay (filing company).....no follow up questions or documents were asked for.....second time no questions at all.....
Both times, I got a feel from what they were checking is that all they check is whether your I-485 is pending or not in their system......
hope this helps...
Thanks....
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santb1975
02-14 12:47 PM
We need help
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nagio
01-08 07:31 AM
Six weeks it is. Sorry I said 7 weeks.
I just replied in the other thread too.
My wife went for her H1B stamping at HYD on Nov 23rd of 2009. Got 221g pink slip. Submitted response on Nov 25th of 2009. Got her Visa approval on Jan 4th 2010. May be all the holidays in between delayed more by a week or two. Also US consulate say each case is unique in terms of time to get processed. She works for university in bio-tech. Hope this helps.
I just replied in the other thread too.
My wife went for her H1B stamping at HYD on Nov 23rd of 2009. Got 221g pink slip. Submitted response on Nov 25th of 2009. Got her Visa approval on Jan 4th 2010. May be all the holidays in between delayed more by a week or two. Also US consulate say each case is unique in terms of time to get processed. She works for university in bio-tech. Hope this helps.
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ramaonline
06-15 02:13 AM
h1 is dual intent visa under the current laws it is perfectly legal to hold both h1b and ead statuses - u can be in just h1b status if u wish or get into EAD status or maintain both if the h1 is valid
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Lill
03-02 03:59 AM
oi :D im gonna join too if i can.. when are the last day for submission? (or what its called in english XD hehe)
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iviviv
11-01 09:34 PM
refile labor.
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perm2gc
08-24 09:18 PM
http://immigrationvoice.org/forum/showthread.php?t=1540
TUESDAY, OCTOBER 24TH, 2006?Start being creative first.. dont just copy some captions and come up...
TUESDAY, OCTOBER 24TH, 2006?Start being creative first.. dont just copy some captions and come up...
needhelp!
09-16 06:29 PM
Time to use that precious gift of speech and convey your feelings to the judiciary committee..
thomachan72
01-21 12:07 PM
I had a doctor's appointment today and my doc asked if I had read this article: Why Chinese Mothers Are Superior - WSJ.com (http://online.wsj.com/article/SB10001424052748704111504576059713528698754.html) and if I agreed with the author (coming from an asian/indian family)
What do you think?
I agree 101%:D:D
What do you think?
I agree 101%:D:D
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