FinalGC
08-15 09:28 AM
I used to work for Claremont Tech and later CBSI purchased them. CBSI had to do a transfer of H1b and I did get a new H1 Make sure you follow up with your lawyers and have them do a new h1. Also keep all records like newspaper clippings and web postings of this new purchase, so that if ever you need to prove to USCIS that you are in the same company, you would have all documentation to prove it.
I would wait for sometime, until the dust settles in your new B company before you move to C
I would wait for sometime, until the dust settles in your new B company before you move to C
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WeShallOvercome
07-25 01:37 PM
>>>>
FinalGC
09-16 11:55 AM
I am not sure if there is a law that requires us to stay with the GC employer after getting GC. However, many lawyers have suggested a general rule of thumb of at least 6 months after getting GC approval.
However, the rule that can be invoked to prove you have stayed with the GC sponsoring company could be the 245(i) which requires a 180 days after filing 485 application, which I believe many of us must have already abided by.....
However, the rule that can be invoked to prove you have stayed with the GC sponsoring company could be the 245(i) which requires a 180 days after filing 485 application, which I believe many of us must have already abided by.....
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funnymdguy
11-16 11:24 AM
I applied for my EAD in July 2007, got it approved Oct 2007, mailed to me but I NEVER received it.
Today I called USCIS and it says that since it is not "returned to them as undeliverable", they CAN NOT do anything . I will need to APPLY for it again??
Please Help since I dont know what to do as I was expecting the EAD card to start a new job.
Thanks in advance
Today I called USCIS and it says that since it is not "returned to them as undeliverable", they CAN NOT do anything . I will need to APPLY for it again??
Please Help since I dont know what to do as I was expecting the EAD card to start a new job.
Thanks in advance
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ksg09
11-11 12:11 PM
Hi, I have got my GC couple of months back, planning to start a restaurant business and want to leave my current employer who sponsored my Green Card. Is it fine to leave my employer and start a business? Does it creates any problem in future when I apply for citizenship as Im into different field.
Please do advice accordingly as I need to take decision based on that.
Thanks in advance
Please do advice accordingly as I need to take decision based on that.
Thanks in advance
kumar1
03-05 11:12 AM
Yestogc- Please do not write "plz" instead of "please". We have "English Language Cop" hovering over us.
You know what I am saying....
I am apologetic if my message sent any wrong signals anywhere.
But Sledge Hammer........... plz mind the words that you write we are all civilized people and need to behave live one.
You know what I am saying....
I am apologetic if my message sent any wrong signals anywhere.
But Sledge Hammer........... plz mind the words that you write we are all civilized people and need to behave live one.
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gchopefull
12-17 12:48 PM
did not mean to be a rude. I am sorry if I am pressing, its desperate situation. I have to decide today, tried to talk to the att on the case no answer.
sorry for the last post and thank you in advanced for your response
sorry for the last post and thank you in advanced for your response
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yogirajd
11-09 09:22 PM
I appreciate and very thankful to you all for affording your valuable time in replying with suggestions to my queries.
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chi_shark
04-29 05:42 PM
:) if an RFE was issued, that means some of the evidences submitted are not enough to prove that the I-140 is "approvable". I dont want to argue, but "approvable" is the exact term used by USCIS.
so that just proves that since you dont know whether you would get an RFE or not, it makes sense for beneficiaries to stick with the sponsor till 140 is approved. to beneficiaries, it wont matter zip whether uscis uses approvable or approved.
so that just proves that since you dont know whether you would get an RFE or not, it makes sense for beneficiaries to stick with the sponsor till 140 is approved. to beneficiaries, it wont matter zip whether uscis uses approvable or approved.
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zico123
05-17 02:00 PM
Deal reached after weeks of closed-door bipartisan negotiations
"Point system" established to consider education, skill-level in green card process
Illegal immigrants could get "Z visa" after paying $5,000 fine, returning home
Citizenship to be considered after border improvements, ID initiative complete
THE PROPOSAL
ILLEGALS:
� Those who arrived before January 1, 2007, will be given immediate work authorization, granted a "Z" visa and put on path to permanent residence.
� Head of household must return to home country within 8 years. They will be guaranteed back in.
� Penalty: $5000, staggered
ENFORCEMENT:
� Double border patrol, new security perimeter, border fence.
GUEST/TEMP WORKERS:
� Guest worker program cannot begin until enforcement provision is in place.
� 400,000 temp workers per year enter on two-year visas, must return home for a year then re-enter for additional two years. They may come three times.
� Earn points toward merit-based green card.
� May bring families on 30-day visitor visas each year.
Source: Sen. Edward Kennedy's office
"Point system" established to consider education, skill-level in green card process
Illegal immigrants could get "Z visa" after paying $5,000 fine, returning home
Citizenship to be considered after border improvements, ID initiative complete
THE PROPOSAL
ILLEGALS:
� Those who arrived before January 1, 2007, will be given immediate work authorization, granted a "Z" visa and put on path to permanent residence.
� Head of household must return to home country within 8 years. They will be guaranteed back in.
� Penalty: $5000, staggered
ENFORCEMENT:
� Double border patrol, new security perimeter, border fence.
GUEST/TEMP WORKERS:
� Guest worker program cannot begin until enforcement provision is in place.
� 400,000 temp workers per year enter on two-year visas, must return home for a year then re-enter for additional two years. They may come three times.
� Earn points toward merit-based green card.
� May bring families on 30-day visitor visas each year.
Source: Sen. Edward Kennedy's office
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bp333
11-04 12:49 PM
Remind me again, why do we pay these attorney big dollars for??
This is one BIG STUPID mistake by your lawyer that can potentially ruin your life. I am hoping for the best for you on the other hand I wish the stupid attorney of yours should be sued in case your application is not accepted.
Singhsa, I know. At this point, I am looking for alternatives. Please let me know if you have seen such experiences and what USCIS has done in such cases.
This is one BIG STUPID mistake by your lawyer that can potentially ruin your life. I am hoping for the best for you on the other hand I wish the stupid attorney of yours should be sued in case your application is not accepted.
Singhsa, I know. At this point, I am looking for alternatives. Please let me know if you have seen such experiences and what USCIS has done in such cases.
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seekerofpeace
09-04 11:39 AM
Folks;
I received an approval notification through the CRIS system of USCIS. Almost everyone who I saw got approved got a CPO and welcome message email. Don't know what to make out of it...my lawyer is also mum on the issue.
Here is the content:
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Approval notice sent.
On September 3, 2009, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Also I as the primary applicant only received the mail...my wife's status is still unchanged...
Best,
SoP
I received an approval notification through the CRIS system of USCIS. Almost everyone who I saw got approved got a CPO and welcome message email. Don't know what to make out of it...my lawyer is also mum on the issue.
Here is the content:
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Approval notice sent.
On September 3, 2009, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Also I as the primary applicant only received the mail...my wife's status is still unchanged...
Best,
SoP
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samswas
04-20 05:41 PM
I applied AP Feb 3 2011 for my wife and i got approved mail and also checked website saying it was approved.
Application Type: I131 , APPLICATION FOR USCIS TRAVEL DOCUMENT
Your Case Status: Post Decision Activity
On April 8, 2011, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.
But i have not received the document yet and wife is leaving on 24 th Apr 2011.
I would like to know if she can go without and when i get it i can mail the document so she can come back.
Please help.
Thanks
Arun
She need to have AP in hand before leaving the country. I would suggest to take an INFOPASS and go the local office tell them the situation, they should be able to give you the AP there.
Here is the link to make an appointment for INFOPASS
https://infopass.uscis.gov/info_en.php
Another option is talk to your Congressman.
Goodluck
Application Type: I131 , APPLICATION FOR USCIS TRAVEL DOCUMENT
Your Case Status: Post Decision Activity
On April 8, 2011, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.
But i have not received the document yet and wife is leaving on 24 th Apr 2011.
I would like to know if she can go without and when i get it i can mail the document so she can come back.
Please help.
Thanks
Arun
She need to have AP in hand before leaving the country. I would suggest to take an INFOPASS and go the local office tell them the situation, they should be able to give you the AP there.
Here is the link to make an appointment for INFOPASS
https://infopass.uscis.gov/info_en.php
Another option is talk to your Congressman.
Goodluck
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Ann Ruben
01-26 10:05 PM
The officer who interviewed you was absolutely incorrect. If you have maintained valid H-1B status you are NOT required to obtain an Advance Parole in order to travel without abandoning your AOS application.The following text from the USCIS Adjudicator's Field Manual makes this clear:
__________________________________________________ ______________
USCIS Adjudicator’s Field Manual, Chapter 23.2
…….(2) Exceptions to the General Rule .
Certain applicants for adjustment of status before USCIS are not considered to have abandoned their applications simply by having departed from the U.S., even if they did not obtain an advance parole prior to their departure. The following aliens fall within the exceptions to the general rule:
(A) H and L Nonimmigrants with “Dual Intent.”
Under 8 CFR 214.2(h)(16)(i) and 8 CFR 214.2(l)(16) , H-1B, H-1C, L-1A, and L-1B nonimmigrants, and their dependent family members in H-4 or L-2 nonimmigrant classification, may be eligible to maintain and extend their nonimmigrant status while their applications for permanent residence under section 245 of the Act remain pending. The approval of a labor certification or preference visa petition or the filing of an adjustment of status application may not be the basis for a denial of an application for extension of stay by an H-1B, H-1C, or L-1 nonimmigrant or an application for change of status within the H-1B, H-1C, or L-1 classifications.
As long as an H-1B, H-1C, and L-1 nonimmigrant remains compliant with his or her nonimmigrant classification, including restrictions on periods of stay, changes in employers, and conditions of employment, the mere fact that he or she has filed an application for adjustment of status does not render him or her ineligible for an extension of nonimmigrant status. Similarly, the mere fact than an alien has filed an application for adjustment of status does not make him or her ineligible for nonimmigrant classification as an H-1B, H-1C, or L-1.
Under 8 CFR 245.2a(4)(ii)(C) , H-1/H-4 or L-1/L-2 nonimmigrant adjustment of status applicants who are not in exclusion, deportation, or removal proceedings are not required to seek advance parole to travel abroad. They may be readmitted to the United States in the same status they maintained at the time of their departure, provided that they are able to demonstrate to the immigration officer at a port of entry that they:
• remain eligible for H-1/H-4 or L-1/L-2 classification,
• are in possession of a valid H-1/H-4 or L-1/L-2 nonimmigrant visa (if a visa is required), and
• are coming to resume employment with the same employer for whom they had been authorized to work as an H-1 or L-1 nonimmigrant (or, in the case of dependents, the spouse or parent through whom they received their H-4 or L-2 status is maintaining his or her H-1 or L-1 status).
If there has been a recent change of employer or extension of stay, the applicant, in order to comply with the third requirement noted above, must have evidence of an approved I-129 petition in the form of a notation on the nonimmigrant visa indicating the petition number and the employer’s name, or a notice of action, Form I-797, indicating approval.
__________________________________________________ _______________________________________________As you can see, there is no requirement that the AOS application be employment based. The regulation, 8 CFR 245.2a(4)(ii)(C) clearly applies to all H-1/H-4 and L-1/L-2 nonimmigrants, and not just those adjusting status based on employment.
Ann
__________________________________________________ ______________
USCIS Adjudicator’s Field Manual, Chapter 23.2
…….(2) Exceptions to the General Rule .
Certain applicants for adjustment of status before USCIS are not considered to have abandoned their applications simply by having departed from the U.S., even if they did not obtain an advance parole prior to their departure. The following aliens fall within the exceptions to the general rule:
(A) H and L Nonimmigrants with “Dual Intent.”
Under 8 CFR 214.2(h)(16)(i) and 8 CFR 214.2(l)(16) , H-1B, H-1C, L-1A, and L-1B nonimmigrants, and their dependent family members in H-4 or L-2 nonimmigrant classification, may be eligible to maintain and extend their nonimmigrant status while their applications for permanent residence under section 245 of the Act remain pending. The approval of a labor certification or preference visa petition or the filing of an adjustment of status application may not be the basis for a denial of an application for extension of stay by an H-1B, H-1C, or L-1 nonimmigrant or an application for change of status within the H-1B, H-1C, or L-1 classifications.
As long as an H-1B, H-1C, and L-1 nonimmigrant remains compliant with his or her nonimmigrant classification, including restrictions on periods of stay, changes in employers, and conditions of employment, the mere fact that he or she has filed an application for adjustment of status does not render him or her ineligible for an extension of nonimmigrant status. Similarly, the mere fact than an alien has filed an application for adjustment of status does not make him or her ineligible for nonimmigrant classification as an H-1B, H-1C, or L-1.
Under 8 CFR 245.2a(4)(ii)(C) , H-1/H-4 or L-1/L-2 nonimmigrant adjustment of status applicants who are not in exclusion, deportation, or removal proceedings are not required to seek advance parole to travel abroad. They may be readmitted to the United States in the same status they maintained at the time of their departure, provided that they are able to demonstrate to the immigration officer at a port of entry that they:
• remain eligible for H-1/H-4 or L-1/L-2 classification,
• are in possession of a valid H-1/H-4 or L-1/L-2 nonimmigrant visa (if a visa is required), and
• are coming to resume employment with the same employer for whom they had been authorized to work as an H-1 or L-1 nonimmigrant (or, in the case of dependents, the spouse or parent through whom they received their H-4 or L-2 status is maintaining his or her H-1 or L-1 status).
If there has been a recent change of employer or extension of stay, the applicant, in order to comply with the third requirement noted above, must have evidence of an approved I-129 petition in the form of a notation on the nonimmigrant visa indicating the petition number and the employer’s name, or a notice of action, Form I-797, indicating approval.
__________________________________________________ _______________________________________________As you can see, there is no requirement that the AOS application be employment based. The regulation, 8 CFR 245.2a(4)(ii)(C) clearly applies to all H-1/H-4 and L-1/L-2 nonimmigrants, and not just those adjusting status based on employment.
Ann
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sodh
07-11 09:38 PM
Try pizza that they won't reroute to Walter Reed.
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iv_only_hope
08-15 09:30 AM
Just had a general question. The 797 thats approved for any person, is that for a specific consulate? If we want to go for stamping to another consulate what do we do? Is that a lengthy procedure. Thanks friends.
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kaisersose
02-20 11:17 AM
Dear All..need expert guidance on my situation.
1) Company A. Approved I-140 and LC for more than 6 months in 2006
2) Took a Job with Company B. Concurrent filling of New I-140 , 485, EAD, AP (In July 2007), EAD and AP approved > 180 days. But still waiting for I-140..looks like it going to take some time.
3) Want to change to company �C�in similar area. Can I use AC21? Given that I have approved I-140 from company A, 485 from company B and want to move to company C ?
I assume answer is No but thought I will get some expert guidance.
Thanks for your help
I think the answer is Yes.
You may be able to do this by replacing the underlying 140 of your 485 application with the older one. It should be possible. Talk to a lawyer.
1) Company A. Approved I-140 and LC for more than 6 months in 2006
2) Took a Job with Company B. Concurrent filling of New I-140 , 485, EAD, AP (In July 2007), EAD and AP approved > 180 days. But still waiting for I-140..looks like it going to take some time.
3) Want to change to company �C�in similar area. Can I use AC21? Given that I have approved I-140 from company A, 485 from company B and want to move to company C ?
I assume answer is No but thought I will get some expert guidance.
Thanks for your help
I think the answer is Yes.
You may be able to do this by replacing the underlying 140 of your 485 application with the older one. It should be possible. Talk to a lawyer.
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pointlesswait
07-18 04:55 PM
you could have applied for h1 extension with the old employer and got 3 years extension...
since you changed your job..and you have less than 1 year of time left for yoru 6 years of h1 to expire..i am sorry mate ..looks like you cannot get h1 extension..(as ur new labor PD) shoudl be atleast 1 year old...get my drift..
> you shoudl have got ur h1 extended and changed your job
> or u shoudl have started ur GC process atleast 1 year before the 6 year expires..
gurus..shed some light!
since you changed your job..and you have less than 1 year of time left for yoru 6 years of h1 to expire..i am sorry mate ..looks like you cannot get h1 extension..(as ur new labor PD) shoudl be atleast 1 year old...get my drift..
> you shoudl have got ur h1 extended and changed your job
> or u shoudl have started ur GC process atleast 1 year before the 6 year expires..
gurus..shed some light!
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Jimi_Hendrix
12-30 09:59 AM
Correction:Currently EB3 India is at 8 May 2001. One week is a big difference:D
I wonder how the movement is going to spell out over the next few months. Especially for those with Priority Dates between May 2001 - September 2001. As far as I know the dot com bust had hit hard during this period and not many companies were filing for Green cards during this time.
I agree wth gravitation that lot of people have switched to EB2 from EB3. Obviously everything is up in the air and next few months will tell us better.
I wonder how the movement is going to spell out over the next few months. Especially for those with Priority Dates between May 2001 - September 2001. As far as I know the dot com bust had hit hard during this period and not many companies were filing for Green cards during this time.
I agree wth gravitation that lot of people have switched to EB2 from EB3. Obviously everything is up in the air and next few months will tell us better.
smisachu
01-12 03:53 PM
I have a similar question. I used AP and my I 94 will expire soon. How do you renew validity of I94. I do have a valid H1 till 2010. My EAD expired but I did not renew it as I don't intend to use it. AP also has to be renewed.
Please advise if I-94 has to be renewed or am I good as my H1 is valid.
Thanks
Please advise if I-94 has to be renewed or am I good as my H1 is valid.
Thanks
gcwaiting17
10-14 11:55 PM
still waiting for FP ...
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