Hermione
09-27 10:55 AM
[QUOTE=h1techSlave;174221]"Aligning with illegals will be benefitial to us." That was the philosophy that we have been following all along. The result - you talk to an average American and he thinks we are illegals. You talk to lawmakers (IV's lawmaker meeting attendees can confirm this) and the lawmakers think we are illegals. That is why we may have start thinking of another strategy.
[QUOTE]
So what??? You tell them you are not, and you go on talking about what you would like to have done. Then you talk to the undocumented lobby and get their support for your bills, then they contact their sponsor Senators. I see absolutely nothing detrimental to the cause of IV that some people think you are illegal - on the contrary I see a lot of positive in it, since all of a sudden you have a story to tell.
[QUOTE]
So what??? You tell them you are not, and you go on talking about what you would like to have done. Then you talk to the undocumented lobby and get their support for your bills, then they contact their sponsor Senators. I see absolutely nothing detrimental to the cause of IV that some people think you are illegal - on the contrary I see a lot of positive in it, since all of a sudden you have a story to tell.
wallpaper My kitty hat
kapilgogia
03-17 07:00 PM
Hi,
My wife, who is the primary green card applicant is planning to change job from desi consulting company to a fortune 500 company. The fortune 500 company wants to invoke AC21 as 180 days have passed from received date and I140 is approved.
Please let me know if someone has similar experience with the following:
1. Is there any salary restriction on increase from current salary percentage wise?
2. Has anyone used sucessfully AC21 in the past and had no issues with EAD renewals and Green card?
Thanks
There is no requirement for number of employees. You need to make sure the company is financially capable to do H1. You must make sure you get salary equal or above the salary offered in your LC. And also the job duties are same or similar.
My wife, who is the primary green card applicant is planning to change job from desi consulting company to a fortune 500 company. The fortune 500 company wants to invoke AC21 as 180 days have passed from received date and I140 is approved.
Please let me know if someone has similar experience with the following:
1. Is there any salary restriction on increase from current salary percentage wise?
2. Has anyone used sucessfully AC21 in the past and had no issues with EAD renewals and Green card?
Thanks
There is no requirement for number of employees. You need to make sure the company is financially capable to do H1. You must make sure you get salary equal or above the salary offered in your LC. And also the job duties are same or similar.
tonyHK12
01-07 09:17 PM
THe Lottery is the dumbest piece to obtain GC. Imagine some guy who does nothing to the USA applies, comes here sucks the $$ out of the system by coming here, staying here and enjoying all monetray benefits of a GC like unemployment benefits etc
People who have been paying taxes for 6-10+ years and working in the US economy get only 50,000 Green cards a year, while 50,000 complete strangers in a foreign country get Green card in a year because they happen to be lucky and win a lottery !! :mad:
People who have been paying taxes for 6-10+ years and working in the US economy get only 50,000 Green cards a year, while 50,000 complete strangers in a foreign country get Green card in a year because they happen to be lucky and win a lottery !! :mad:
2011 I will make another post to
wandmaker
11-18 06:48 PM
enggr: You have completed the course in 2000 (per course completion certificate), but your degree was awarded in 2002 after you completed a supplemental exam. Since the position requires a candidate who qualifies for EB2, USCIS will deny your 140 petition. IMHO, you will have to start your green card journey from scratch.
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desi3933
02-18 06:17 PM
I have a Green card and also my wife has GC .My wife is expected to deliver a baby.Shw wants the delivery to be in India and then come back...in that case what VISA will the new baby have to apply US when my wife returns back to US.
Appreciate your help in this regard.
She has come back to US before child turns 2 and it must be their first trip to US. No visa is needed for child and child will be provided green card on arrival.
You need to carry documenation with you as not all airlines are aware of this rule that child can travel without visa.
Again, it must be their trip back to US after child's birth.
_________________
Not a legal advice.
Appreciate your help in this regard.
She has come back to US before child turns 2 and it must be their first trip to US. No visa is needed for child and child will be provided green card on arrival.
You need to carry documenation with you as not all airlines are aware of this rule that child can travel without visa.
Again, it must be their trip back to US after child's birth.
_________________
Not a legal advice.
JazzByTheBay
09-08 11:49 AM
Given the demographics of the greater Seattle area in general, and Redmond in particular - I'm surprised "softies" haven't taken over the WA chapter completely... :)
Hope to see all of you in DC..
cheers!
jazz
My wife and me have joined the yahoogroups for WA chapter, We are going for the rally, how can we encourage more friends in WA state to go? I know there are people willing to sponsor, provide part of funds, help with accommodation and so on and if anyone in WA has any of these limitations, people are willing to coordinate. How do we get the point across to all Washingtonian GC sufferers or people who just filed for 485 and don't see the bleak tomorrow. How do we wake them up all up? We have so many employers here, is there something we can do to wake them up from the slumber and mirage of filing 485? I must admit, I was sleeping too until yesterday when we booked our tickets.
Hope to see all of you in DC..
cheers!
jazz
My wife and me have joined the yahoogroups for WA chapter, We are going for the rally, how can we encourage more friends in WA state to go? I know there are people willing to sponsor, provide part of funds, help with accommodation and so on and if anyone in WA has any of these limitations, people are willing to coordinate. How do we get the point across to all Washingtonian GC sufferers or people who just filed for 485 and don't see the bleak tomorrow. How do we wake them up all up? We have so many employers here, is there something we can do to wake them up from the slumber and mirage of filing 485? I must admit, I was sleeping too until yesterday when we booked our tickets.
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sobers
06-02 10:40 AM
you're absolutely right jkays94. FAIR, NumbersUSA (mentioned above) and CIS.org are all part of the John Tanton Network. (he also founded US English and other population-control organizations). The SPLC did a feature story on him some time ago. I posted the link to that in one of my earlier posts.
2010 Cat+in+the+hat+movie+cover
LONGGCQUE
07-18 01:29 PM
ineedhelp,
Here are a few facts based on my first hand experience. I was employed with L&T Infotech for 5+ yrs and left them while in US on H1. Legally, they cannot do anything against you in US as bonds you signed were in Indian judicial limits and are not applicable in US. But yes, they can enforce it legally in India. I have heard and known cases wherein these Indian companies have taken employees to court. I am still following with my ex-company for settlement and they have a claim of 13-14K USD(they add interest on bond from the date you leave @ xx%). Get all papers from them before you part like detailed exp. letter etc, paystubs etc from GC perspective(if u r interested).
Read one of my posts of I140 issues that i am going thru. That will give you some idea of potential issues.
My advice - once you resign they will anyway take you to legal way in India...they will do this coz they have to follow there HR process and scare you and other people around you of repurcussions. Give them a resignation notice of 1-2 weeks and when they ask to stay a little longer to satisfy clients or knowledge transfer, then negotiate with them and get your paperwork etc. Decide on whats best in your future interests.
Good luck. It will work out well for you.
*** Not a lawyer advice ***
Here are a few facts based on my first hand experience. I was employed with L&T Infotech for 5+ yrs and left them while in US on H1. Legally, they cannot do anything against you in US as bonds you signed were in Indian judicial limits and are not applicable in US. But yes, they can enforce it legally in India. I have heard and known cases wherein these Indian companies have taken employees to court. I am still following with my ex-company for settlement and they have a claim of 13-14K USD(they add interest on bond from the date you leave @ xx%). Get all papers from them before you part like detailed exp. letter etc, paystubs etc from GC perspective(if u r interested).
Read one of my posts of I140 issues that i am going thru. That will give you some idea of potential issues.
My advice - once you resign they will anyway take you to legal way in India...they will do this coz they have to follow there HR process and scare you and other people around you of repurcussions. Give them a resignation notice of 1-2 weeks and when they ask to stay a little longer to satisfy clients or knowledge transfer, then negotiate with them and get your paperwork etc. Decide on whats best in your future interests.
Good luck. It will work out well for you.
*** Not a lawyer advice ***
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bmoni
12-22 08:32 PM
Have any one changed employer right after I-140 approval.
Please post your experience
Please post your experience
hair images cat in hat cartoon.
ajcates
11-24 11:28 AM
I want the kawoosh one to win mainly because of the cool name.
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desidas
01-22 10:55 AM
<bump>
hot Cat+in+the+hat+cake+topper
jackisback
06-07 01:03 AM
I would (and did) send to the address on the confirmation page. If you search for other forums on EAD filing recently, that is what is also recommended there
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house hair Dr Seuss Cat In The Hat
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....
tattoo we did the Cat in the Hat.
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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pictures Cat+in+the+hat+pictures
tampacoolie
07-09 12:46 PM
Upgraded to PP on 06/27 and received RFE on 07/06 ability to pay.
dresses dr seuss cat in hat clipart.
freakin_gc
01-31 05:00 PM
Thanks for your time guys...just curious hopefully SB can help me...how do I find out my I-140 subcategory(skilled category or Professional).In my I-140 receipt notice under section it mentioned as Skilled worker or Professional, sec.203(b)(3)A(i) or (ii)
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makeup Cat+in+the+hat+pictures+to
nlssubbu
10-02 11:38 AM
Thanks for the response and I have recd the same kind of response from my lawyer too. What I find confusing is everyone cautions me saying "As a backup, maintain your H1." Is there a real need to maintain a backup? Meaning if I need to maintain my H1 why should I apply for EAD for myself? Or is it so that I can continue on H1 right now with my same company and If I get laid off I can use EAD to get another job (not everyone hires H1-Bs) and in later case my daughter will be covered because our AOS is pending? In that case if I leave the country I can reenter using our receipts and APs, is that right?
Your assumptions are exactly right. Do you plan to invoke AC21 in near future? I think if you switch to a company who is willing to transfer your H1B, you can transfer it as well. This is what my attorney told me some time back when I was in your stage and can still avoid using EAD.
The purpose of maintaining the backup is for safety. Even if your 485 denied, you can still have some time period left on your H1 and can look for other alternative avenues to be here legally and can restart your GC process as well. Without this H1 backup, you have a very little time to do so.
(Though I got GC now, my H1 is valid till end of 2010 :) )
Your assumptions are exactly right. Do you plan to invoke AC21 in near future? I think if you switch to a company who is willing to transfer your H1B, you can transfer it as well. This is what my attorney told me some time back when I was in your stage and can still avoid using EAD.
The purpose of maintaining the backup is for safety. Even if your 485 denied, you can still have some time period left on your H1 and can look for other alternative avenues to be here legally and can restart your GC process as well. Without this H1 backup, you have a very little time to do so.
(Though I got GC now, my H1 is valid till end of 2010 :) )
girlfriend Cat in the Hat? How sweet
tabletpc
11-29 11:35 PM
I had been procrastinating about Canada's immigration from almost a year.
yesterday i was kind of bored at work and decided to do something i had been postponing it form long time and motivated myself to apply for Canada's GC. it took me not more than 20 min to fill the application form.
2m i will send the application with fee..afterall what am i going to lose if tis getting precessed along with my US GC..???:)
Feel free to send me message if you need more information.
yesterday i was kind of bored at work and decided to do something i had been postponing it form long time and motivated myself to apply for Canada's GC. it took me not more than 20 min to fill the application form.
2m i will send the application with fee..afterall what am i going to lose if tis getting precessed along with my US GC..???:)
Feel free to send me message if you need more information.
hairstyles Cat in the Hat I Can Do That
saileshdude
06-25 11:00 AM
You could argue that you don't need to have a job now, just that you need to be in a "same or similar"position when the 485 is approved. if your priority date is very backlogged, you have lots of time to find a job.
Would this kind of RFE response be acceptable ? If the RFE asks for employment letter and you send a response that you dont have a job and also that you are not required to have one until your Priority date becomes current, I think your AOS can be denied. Based on the memo you can argue that but I am not sure if anyone has actually done this and their AOS has continued to be processed.
Please elaborate if you can on this.
Would this kind of RFE response be acceptable ? If the RFE asks for employment letter and you send a response that you dont have a job and also that you are not required to have one until your Priority date becomes current, I think your AOS can be denied. Based on the memo you can argue that but I am not sure if anyone has actually done this and their AOS has continued to be processed.
Please elaborate if you can on this.
kookoo
08-03 06:17 PM
What the chances are of an inquiry between the USCIS and my Previous Employer?
:confused:
:confused:
ArunAntonio
02-20 07:13 PM
I used the data from this webite to apply for FOIA for I-140
Can you please provide more info on the process of how get a copy of the I140 if the employer is unwilling to provide a copy.
Can you please provide more info on the process of how get a copy of the I140 if the employer is unwilling to provide a copy.
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