man-woman-and-gc
03-03 01:38 PM
I should clarify that is "better" to have same or similar job when you are on EAD so that you labor certification-based green card application has a good standing if it is challenged at any point by the USCIS - it is a safe bet if you have a similar job. When I say it is not a necessary condition - it means that you can get any job you like, since there is nothing noted on the EAD application like it is on H1-B (with specific wage and job descrition) and if there is a challenge to your application by the USCIS, your attorney might be able to find reasons to justify why you are not in a same or similar job.
Again, to reiterate, as far as I remember, EAD renewal does not ask for job description. It is a simple application to issue an new card.
Since your I-140 has been approved for more than 6 months, you are within your legal portability rights (so called AC-21 clause) to switch employers without jeopardizing your pending adjustment of status "AOS" I-485.
My understanding is that one of two things might happen- either you will get an RFE or not. RFE can be triggered by many factors including notification from your previous employer to USCIS revoking the H1-B or other issues, including simple things like address changes. You can either provide AC-21 letter from your new employer when you get the RFE or do it proactively - listen to your attorney's advice on this.
If no RFE and priority date is current, you should get your GC as if nothing else happened. If priority date is current and at the time of GC adjudication there is an RFE, your attorney should be able to help you respond.
Don't sweat things too much - a lot of people have experienced life after the protective umbrella of H1-B and it is much nicer out here in the sun :)
Just get a good attorney to represent you personally in case your new emplyer does not have an immigration attorney on retainer for other immigrant employees.
Great..Thanks so much for your response. I will definitely consult an attorney as suggested by you, but your response gives me a ray of hope and clarifies quite a few things.
So, does this mean that same or similar job may not have any meaning? Because, now since I have an EAD, I can change my job in any field and then when my priority date becomes current, I will get my GC if no RFE occurs.
Also, does it also mean that once I have my I-140 approved and I-485 pending and also have my EAD, i don't need any kind of sponsoring or supporting documents from my new employer? I mean, can I apply to jobs that say Employer cannot sponsor a Visa or GC?
Thanks in advance.
Again, to reiterate, as far as I remember, EAD renewal does not ask for job description. It is a simple application to issue an new card.
Since your I-140 has been approved for more than 6 months, you are within your legal portability rights (so called AC-21 clause) to switch employers without jeopardizing your pending adjustment of status "AOS" I-485.
My understanding is that one of two things might happen- either you will get an RFE or not. RFE can be triggered by many factors including notification from your previous employer to USCIS revoking the H1-B or other issues, including simple things like address changes. You can either provide AC-21 letter from your new employer when you get the RFE or do it proactively - listen to your attorney's advice on this.
If no RFE and priority date is current, you should get your GC as if nothing else happened. If priority date is current and at the time of GC adjudication there is an RFE, your attorney should be able to help you respond.
Don't sweat things too much - a lot of people have experienced life after the protective umbrella of H1-B and it is much nicer out here in the sun :)
Just get a good attorney to represent you personally in case your new emplyer does not have an immigration attorney on retainer for other immigrant employees.
Great..Thanks so much for your response. I will definitely consult an attorney as suggested by you, but your response gives me a ray of hope and clarifies quite a few things.
So, does this mean that same or similar job may not have any meaning? Because, now since I have an EAD, I can change my job in any field and then when my priority date becomes current, I will get my GC if no RFE occurs.
Also, does it also mean that once I have my I-140 approved and I-485 pending and also have my EAD, i don't need any kind of sponsoring or supporting documents from my new employer? I mean, can I apply to jobs that say Employer cannot sponsor a Visa or GC?
Thanks in advance.
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talash
04-25 10:37 PM
thanks for ur input all senoir members .I'll keep u posted when i get notice from CIS .I think MTR nad joining another employer may be my best option .
Thanks for ur input all senior members .
Thanks for ur input all senior members .
Macaca
09-19 12:49 PM
Franklin, a Brit, flew from CA and worked 12+ hours/day for 3+ days.
Another Brit told me, after the rally, that her GC was approved some time back.
Another Brit told me, after the rally, that her GC was approved some time back.
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bharani
10-02 10:57 AM
IMHO If you have money save it for future payments(atleast a year's payments). If you lose job, this money will help make your payments.
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ramus
07-05 08:56 PM
This thread is getting lost.. Lets keep this thread on top.
When you send this message please make sure you put your complete name, address, email and phone number at the bottom.. If you don't how come somebody can get in touch with us...
When you send this message please make sure you put your complete name, address, email and phone number at the bottom.. If you don't how come somebody can get in touch with us...
sammyb
11-19 04:54 PM
Mine is LC SUB PD May 2001/EB2. File on visa fiasco, no update no LUD on any file other than EAD.
So do not get angree on people who used LC SUb.
my point is don't try to forget your route and the path that you travelled to reach the point where you are today ... it is as simple as that ... anyway I should stop writing about this and rather go home early ;) ...
So do not get angree on people who used LC SUb.
my point is don't try to forget your route and the path that you travelled to reach the point where you are today ... it is as simple as that ... anyway I should stop writing about this and rather go home early ;) ...
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eb3India
04-04 01:46 PM
whatz wrong with someone who gets GC in 6 months, is'nt it our sole goal to change system to have GC in few months,
c'mon guys are you jealous, what makes you think just because you did MS here that you are more qualified than a person who has done Bcom from india, he is manager atleast he knows how to grow in a orginzation and get a GC in 6 months, so learn from him,
get over it this is how the system works if you want to change atleast think positve and call your lawmakers
c'mon guys are you jealous, what makes you think just because you did MS here that you are more qualified than a person who has done Bcom from india, he is manager atleast he knows how to grow in a orginzation and get a GC in 6 months, so learn from him,
get over it this is how the system works if you want to change atleast think positve and call your lawmakers
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kshitijnt
04-25 09:06 PM
some one help please
Open an MTR I-290B. Looks like your lawyer did not properly respond to RFE.
Open an MTR I-290B. Looks like your lawyer did not properly respond to RFE.
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June05
10-19 11:30 AM
"What it means that when you apply your 2nd I-140, make sure you request for PD porting as well."
This is my original question. My I-140 has already been filed - not approved yet - but we have not filed for porting the old PD. Can we not do it at the 485 stage?
This is my original question. My I-140 has already been filed - not approved yet - but we have not filed for porting the old PD. Can we not do it at the 485 stage?
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renjuzone
07-03 08:50 AM
Dear <newschannel /congress/senator/legislator name here>,
While the coverage that we "potential" legal immigrants received during the CIR debate was abysmal because we were not considered "human interest" pieces by journalists and editors. We have been subjected to another slap in the face by a broken immigration system.
Please see:
http://www.aila.org/content/default.aspx?docid=22804
"Administration Slams Door on Thousands of Legal Immigrants: AILA Condemns Agencies' Bait and Switch
Cite as "AILA InfoNet Doc. No. 07070264""
This news has so far only got brief coverage in a few websites. Among them include:-
http://news.yahoo.com/s/ap/20070703/ap_on_go_ca_st_pe/immigration_green_cards
http://seattlepi.nwsource.com/national/1152AP_Immigration_Green_Cards.html
http://news.google.com/news?hl=en&ned=us&ie=UTF-8&ncl=1117797588
We hope that this press release is sufficient to now categorize us as a human interest piece. It is ironic that those crossing the borders illegally get front page coverage, while the tens of thousands of us going through the legal channels get ignored. Many of us have spent hundreds of dollars and wasted time, effort and money, only to be rudely slapped in the face by this visa bulletin revision. Any coverage will be appreciated.
Thanks,
<your name here>
=====
Please send this to any newschannel, legislator, or congressman in your area. The more people know about this, the better. (Also, ensure that the yahoo and nwsource press website links are complete as IV cuts the full path from my post.)
While the coverage that we "potential" legal immigrants received during the CIR debate was abysmal because we were not considered "human interest" pieces by journalists and editors. We have been subjected to another slap in the face by a broken immigration system.
Please see:
http://www.aila.org/content/default.aspx?docid=22804
"Administration Slams Door on Thousands of Legal Immigrants: AILA Condemns Agencies' Bait and Switch
Cite as "AILA InfoNet Doc. No. 07070264""
This news has so far only got brief coverage in a few websites. Among them include:-
http://news.yahoo.com/s/ap/20070703/ap_on_go_ca_st_pe/immigration_green_cards
http://seattlepi.nwsource.com/national/1152AP_Immigration_Green_Cards.html
http://news.google.com/news?hl=en&ned=us&ie=UTF-8&ncl=1117797588
We hope that this press release is sufficient to now categorize us as a human interest piece. It is ironic that those crossing the borders illegally get front page coverage, while the tens of thousands of us going through the legal channels get ignored. Many of us have spent hundreds of dollars and wasted time, effort and money, only to be rudely slapped in the face by this visa bulletin revision. Any coverage will be appreciated.
Thanks,
<your name here>
=====
Please send this to any newschannel, legislator, or congressman in your area. The more people know about this, the better. (Also, ensure that the yahoo and nwsource press website links are complete as IV cuts the full path from my post.)
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skd
08-20 01:28 PM
that you will attend the DC rally... I won't tell you if I got the receipt notice;)
(I filed my AOS on July 2 at TSC)
TSC has officially progressed to 6/30 so the July filers should now start receiving their receipt notices! But the question is, what do we do after we get them, or in the worst case, if our AOS got rejected? There is nothing you or I can do at this time... the deadline to re-submit is over on August 17th.
The root cause of the whole problem is retrogression & country caps, and unless we speak up about it in one voice, no one will do anything to fix that root cause!
So keep looking at the road as you drive, but also take a moment to look beyond the next 1 mile... where there is a traffic jam in which you and I will get stuck for the next 5 to 10 years... unless we do something about it.. together!
So, please take a break from tracking receipts, and decide how long you are willing to renew EADs and worry about following the complex AC21 rules & regulations. If you are like me and not willing to do that forever, then make up your mind and attend the DC rally!
If you attend the rally, you can travel to DC for free/ a fraction of the cost, please look at these threads:
http://immigrationvoice.org/forum/showthread.php?t=12566
http://immigrationvoice.org/forum/showthread.php?t=12441
Thanks!
Nice of you abhijitp, I amd northwest part of country won't be able to make it , But I am telling my friends in Tri-State and VA to attend that
(I filed my AOS on July 2 at TSC)
TSC has officially progressed to 6/30 so the July filers should now start receiving their receipt notices! But the question is, what do we do after we get them, or in the worst case, if our AOS got rejected? There is nothing you or I can do at this time... the deadline to re-submit is over on August 17th.
The root cause of the whole problem is retrogression & country caps, and unless we speak up about it in one voice, no one will do anything to fix that root cause!
So keep looking at the road as you drive, but also take a moment to look beyond the next 1 mile... where there is a traffic jam in which you and I will get stuck for the next 5 to 10 years... unless we do something about it.. together!
So, please take a break from tracking receipts, and decide how long you are willing to renew EADs and worry about following the complex AC21 rules & regulations. If you are like me and not willing to do that forever, then make up your mind and attend the DC rally!
If you attend the rally, you can travel to DC for free/ a fraction of the cost, please look at these threads:
http://immigrationvoice.org/forum/showthread.php?t=12566
http://immigrationvoice.org/forum/showthread.php?t=12441
Thanks!
Nice of you abhijitp, I amd northwest part of country won't be able to make it , But I am telling my friends in Tri-State and VA to attend that
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JA1HIND
02-07 11:23 AM
My 8th year H1/H4 extension applied @VSC on 10/22/2007. My employer received approval letters on 01/31/2008. As of today my online status still shows as "Case received and pending" (now that's why I call USCIS is a useless system):D
Note: on 01/24 & 01/25 there were LUD's on both H1/H4 cases and nothing changed with online case status
EB2-140 @ TSC still pending.
Note: on 01/24 & 01/25 there were LUD's on both H1/H4 cases and nothing changed with online case status
EB2-140 @ TSC still pending.
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house Wildflower Baby Girl Crib
salnarayan
09-12 12:03 PM
I carry a copy of the permanent resident card. I hope this is sufficient as a proof of registration. May be the attorneys in the forum can give their opinion.
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zoooom
07-13 11:58 AM
man..This seems like forever.
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pictures the little aby girl (and
wonderlust
09-19 10:16 PM
I was with Swede and the Polish guy at the rally. I myself chose IV over other organization precisely because the diversity and the common ground IV embraces--they represent the true American Dream and the fundation of Democracy.
The diversity: IV was initially established by a group of Indians, but it has a welcoming attitudes toward anyone who has suffered, is still suffering, and will suffer from the broken system.
The common ground: IV clearly estabishes that English is the language for the forum (at least the main forum). By setting the language, the IV sends a message of welcome to all who share the American Dream. By including individuals across countries of origin, IV recognizes the nature of the Great Melting-pot and shows that we have the ability to be inclusive, tolerant, and work together on a democratic basis.
Let's make efforts to mobilize people across countries of origin and work towards success! KEEP IV STRONG!
The diversity: IV was initially established by a group of Indians, but it has a welcoming attitudes toward anyone who has suffered, is still suffering, and will suffer from the broken system.
The common ground: IV clearly estabishes that English is the language for the forum (at least the main forum). By setting the language, the IV sends a message of welcome to all who share the American Dream. By including individuals across countries of origin, IV recognizes the nature of the Great Melting-pot and shows that we have the ability to be inclusive, tolerant, and work together on a democratic basis.
Let's make efforts to mobilize people across countries of origin and work towards success! KEEP IV STRONG!
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kanvenk
01-23 02:20 PM
I know, that's why, wondering about our Immigration bills.
Thanks.
Thanks.
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makeup or aby girl#39;s nursery.
telekinesis
05-19 06:16 PM
Still haven't had time to even open Photoshop, I'm hoping to get to it tonight. I get my new labtop on monday so I can work on the battles at work also and upload. My first volley or two will be lame, but by next week I'll have some more resources to work with and time. Expect it tonight or tomorrow morning.
girlfriend like a aby girl#39;s room.
addsf345
11-05 12:52 AM
Hmm...let me guess. Well, I had same issues with my current lawyer who is a official corporate attorney for immigration matters with my employer. Good part is, I didn't have to pay money to him but bad part is he is mostly not-responsive, arrogant, treated us like slaves, rude and what not. He doesn't answer anything about AC21 and we have to go thru' HR if we have any questions. Many a times, employees are completely unaware what is going on with their immigration papers. I did not receive my LC or copy of I-140. Guess this differs from person to person and company to company.
well, now since I have decided to enjoy freedom using AC21, I would like a good lawyer to represent my case; whom I should be able to ask questions.
well, now since I have decided to enjoy freedom using AC21, I would like a good lawyer to represent my case; whom I should be able to ask questions.
hairstyles her new aby girl, Zoie.
RockyRocky
12-02 06:50 PM
Did he also mention that to qualify for EB1 you have to be from Mars?
Good one, dude!!
Good one, dude!!
maverick_neo
08-14 06:39 PM
...and you dont want to get a H-1B visa stamped because it is risky? What kind of risk does that involve? There is no risk. Just get your H-1B stamped when you go to your destination. Simple.
My F1 visa was rejected for no good reason long back, before i even came on H1B. So its kind of scary every time I have to go for visa stamping. Its very random. Guess its just the fear inside me.
So I guess its all about the risk, if or not I want to get my H1B visa stamped or just wait for the freaking AP.
My F1 visa was rejected for no good reason long back, before i even came on H1B. So its kind of scary every time I have to go for visa stamping. Its very random. Guess its just the fear inside me.
So I guess its all about the risk, if or not I want to get my H1B visa stamped or just wait for the freaking AP.
h1techSlave
04-21 03:15 PM
Are PhDs in Medicine excluded in this list?
Dear gcnotfiledyet,
Thanks for your comment.I am afraid you mis understood what I said medicine and pharnact vet med etc. There are practitioners in these fields called MD, DVM, PHARM D etc. However there are many more PhD students who do research in these fields. And they are not listed as STEM graduates. I guess whoever did this listing of the STEM majors don't really have much knowledge about various fields of research and also they ignored the highly multidisciplanary nature of the current day research. I hope more people will start taking this issue seriously.
Dear gcnotfiledyet,
Thanks for your comment.I am afraid you mis understood what I said medicine and pharnact vet med etc. There are practitioners in these fields called MD, DVM, PHARM D etc. However there are many more PhD students who do research in these fields. And they are not listed as STEM graduates. I guess whoever did this listing of the STEM majors don't really have much knowledge about various fields of research and also they ignored the highly multidisciplanary nature of the current day research. I hope more people will start taking this issue seriously.
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