milind70
04-07 05:22 PM
I did extended for my in-laws when they entered last time to US. When they entered next time they entered without any issues.
Last time time also lot of my friends scared me (immigration people will stop them at the port of entry), my another friend (both husband and wife doctors), they bring there in - laws everytime they will extend it to 3 times approxmately they will stay in US 2 years, they left several times and entered into US without any issues.
I think in your case you have been lucky and may have given complelling reason, but otherwise the odds are that the next time around entry may be refused or a shortened stay. I have seen from numerous cases, 7 out of 10 cases were rejected or shortened stay. As one of the posters put it , it is at the discretion of IO at POE next time you visit. This is high risk when u put the things into perspective in longer run
Last time time also lot of my friends scared me (immigration people will stop them at the port of entry), my another friend (both husband and wife doctors), they bring there in - laws everytime they will extend it to 3 times approxmately they will stay in US 2 years, they left several times and entered into US without any issues.
I think in your case you have been lucky and may have given complelling reason, but otherwise the odds are that the next time around entry may be refused or a shortened stay. I have seen from numerous cases, 7 out of 10 cases were rejected or shortened stay. As one of the posters put it , it is at the discretion of IO at POE next time you visit. This is high risk when u put the things into perspective in longer run
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malibuguy007
12-21 12:37 PM
Munna Bhai and Walking Dude, if you don't have anything constructive to add, and you cannot encourage others, then please do not litter the forums.
logiclife
05-10 01:07 PM
Friends,
If I was within 3 hours of driving distance from downtown DC(like VA, PA, DE, MD) then I would leave early from work a couple of hours to attend this event. Some members are flying from Seattle, Nevada, Florida and other are driving from NY, NJ etc.
It would be worth your time to hear first hand from Immigration Voice, something that has been much desired by many members when they want to know the future direction and current prospects. Plus you would know other IV members in DC area with whom you can co-ordinate in the future.
So, although this event is on monday due to scheduling reasons, its worth leaving work a couple of hours early if that's what it takes to make it here.
If you make a decision, here is the RSVP email again(we need head count for planning).
RSVP:
jay@immigrationvoice.org
info@immigrationvoice.org
If I was within 3 hours of driving distance from downtown DC(like VA, PA, DE, MD) then I would leave early from work a couple of hours to attend this event. Some members are flying from Seattle, Nevada, Florida and other are driving from NY, NJ etc.
It would be worth your time to hear first hand from Immigration Voice, something that has been much desired by many members when they want to know the future direction and current prospects. Plus you would know other IV members in DC area with whom you can co-ordinate in the future.
So, although this event is on monday due to scheduling reasons, its worth leaving work a couple of hours early if that's what it takes to make it here.
If you make a decision, here is the RSVP email again(we need head count for planning).
RSVP:
jay@immigrationvoice.org
info@immigrationvoice.org
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GIC
01-09 03:07 PM
Extrapolating the Einstein equation E =mc2 I get the following results :
EB3 June 01
EB2 Dec 2000
Extrapolating like ... combing E= MC2 and the theory of relativity it is evident that there will be a lot of folks converting energy to mass (read fat) for a relatively very long period of time???
EB3 June 01
EB2 Dec 2000
Extrapolating like ... combing E= MC2 and the theory of relativity it is evident that there will be a lot of folks converting energy to mass (read fat) for a relatively very long period of time???
more...
snathan
03-31 01:42 PM
You were one of them, if I remember right..
However, I appreciate the rest of your post. It makes a lot of sense. We should talk only about things that benefit EB community. Leave things like this to the anti's.
When anti's strike, we should counter-strike by saying: So solution is, grant GC etc :D
Care to explain...? I never used this in any argument.
However, I appreciate the rest of your post. It makes a lot of sense. We should talk only about things that benefit EB community. Leave things like this to the anti's.
When anti's strike, we should counter-strike by saying: So solution is, grant GC etc :D
Care to explain...? I never used this in any argument.
EndlessWait
01-10 03:00 PM
Applied July 23rd NSC. Receipt notice July 23rd and again another receipt September once my case went to CSC and back to NSC.
Got AP and EAD issued from CA (laguna Niguel USCIS) though not without headaches (RFE on AP)
took infopass appointment last week and officer said FPs havent been issued because Background check still not cleared for me (wife cleared but she will not get FP notice until mine is cleared). This is possibly the same reason you have not received yours. looks like i am stuck for the long haul in name check clearance.
good luck to you!
even mine is 23rd july case..and is ur case status still showing "transferred to NSC blah blah..." ?
Got AP and EAD issued from CA (laguna Niguel USCIS) though not without headaches (RFE on AP)
took infopass appointment last week and officer said FPs havent been issued because Background check still not cleared for me (wife cleared but she will not get FP notice until mine is cleared). This is possibly the same reason you have not received yours. looks like i am stuck for the long haul in name check clearance.
good luck to you!
even mine is 23rd july case..and is ur case status still showing "transferred to NSC blah blah..." ?
more...
SAP
02-06 09:47 PM
i would say give some peace of mind to your employer first you flirt with him that you will go to labor department. he will pay you and give you want u want with a smile. try it
sap
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darsh678
12-28 10:36 AM
Hey
I am also in a sort of similar situation...
neways you can ofcourse go back to school but what I think is it should be in USA. As your AP can't be valid for such a long time of year. just like GC where you have to be back in a year. I would suggest that go for further education and update your career but try doing it in USA, I am sure you can get something better in here too...
Best Luck...
I am also in a sort of similar situation...
neways you can ofcourse go back to school but what I think is it should be in USA. As your AP can't be valid for such a long time of year. just like GC where you have to be back in a year. I would suggest that go for further education and update your career but try doing it in USA, I am sure you can get something better in here too...
Best Luck...
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vivache
10-05 05:41 PM
Hi
Is there any webpage that has details on an EAD and what jobs a person can do, cannot do, whether new job it needs to tie in 50% to current job etc ..
I'm looking for the official page that has some detail on this.
Looked online did not find anything. A little surprised.
Let me know if any of you have any relevant links to this info.
Not looking for hearsay ... something official.
Thanks
V
Is there any webpage that has details on an EAD and what jobs a person can do, cannot do, whether new job it needs to tie in 50% to current job etc ..
I'm looking for the official page that has some detail on this.
Looked online did not find anything. A little surprised.
Let me know if any of you have any relevant links to this info.
Not looking for hearsay ... something official.
Thanks
V
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hary536
05-19 03:17 PM
Hello Pappu, can you please move this post to the "Ask a Lawyer" forum. I intended to post it under that forum. But i think due to duplication you moved it to the other forum. Pls, post it to Attorney forum. I really need some advise in this case. Thanks.
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smuggymba
03-07 11:26 AM
You will retain your PD.
If your employer recalls the 140 it could casue potential disruptions. If you have an EAD, just port your employment to some other employer. That way you will be dealing with less hassles.
I haven't file 485 and have no EAD.
Just an approved 140 with looming layoffs.
If your employer recalls the 140 it could casue potential disruptions. If you have an EAD, just port your employment to some other employer. That way you will be dealing with less hassles.
I haven't file 485 and have no EAD.
Just an approved 140 with looming layoffs.
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vaishalikumar
08-05 09:33 PM
Who gets the AP (Advance parole) document from USCIS , candidate or lawyer who filed it ?
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morchu
07-26 04:36 AM
Check the labor laws. Sometimes the 60 days notice requirement maybe voided by law. Also check the exact terminology in the job contract. Binding you to an employment via any kind of contract is not authorized.
Anyway, even if you send the AC21 letter after this 60 days, it still should be OK. You may not even get an intention to denial letter, because revocation of 140 takes time as well. Even if you get the letter, you can reply to it mentioning your job change, and ac21 invocation, and it should be OK.
In the worst case scenario, you can always file a new LC and 140 with your new employer and still keep the old priority date (even after revocation of old 140, just keep the copy of old 140 approval letter). That way you will be in same exact state in less than a year (PERM takes around 3....4 months, 140 premiumprocess takes less than 2 weeks, and most probably you may not be too far from current, and can file 485).
As a whole, my suggestion would be that, don't let a pending green card process stop your career growth. You never know how LONG you might stay in halt state in your career, if you do that, especially because of the whole GC processe's ultimate uncertainty.
There is always ways out (AC21, newGC process but same priority date etc.)
And in the worst case it may get a bit delay for your final GC approval. But I tend to think, that is OK when compared with a steady career growth.
If you tend to stuck with the same employer, in halt state of your career growth, merely because of GC process, in the end, after getting the GC approval, you will realize that it was foolishness and getting GC a bit earlier was not that important.
Well the above is my personal opinion. Ultimately it is your choice.
-Morchu
My question is:
My I-485 is pending for more than 180 days and I have I-140 approval as well.
I am planning to change job as soon as possible but I have to give 60 days notice before I resign my Job as per our Employment terms and conditions.
If they withdraw my approval I-140 status between 60 days, what is going to happen my I-485 Status? Still is valid my I-140 and Can I use Ac 21 as per UCCIS memos.
�Do I need to send AC 21 first before opting by the New Employer?
Thank you.
Anyway, even if you send the AC21 letter after this 60 days, it still should be OK. You may not even get an intention to denial letter, because revocation of 140 takes time as well. Even if you get the letter, you can reply to it mentioning your job change, and ac21 invocation, and it should be OK.
In the worst case scenario, you can always file a new LC and 140 with your new employer and still keep the old priority date (even after revocation of old 140, just keep the copy of old 140 approval letter). That way you will be in same exact state in less than a year (PERM takes around 3....4 months, 140 premiumprocess takes less than 2 weeks, and most probably you may not be too far from current, and can file 485).
As a whole, my suggestion would be that, don't let a pending green card process stop your career growth. You never know how LONG you might stay in halt state in your career, if you do that, especially because of the whole GC processe's ultimate uncertainty.
There is always ways out (AC21, newGC process but same priority date etc.)
And in the worst case it may get a bit delay for your final GC approval. But I tend to think, that is OK when compared with a steady career growth.
If you tend to stuck with the same employer, in halt state of your career growth, merely because of GC process, in the end, after getting the GC approval, you will realize that it was foolishness and getting GC a bit earlier was not that important.
Well the above is my personal opinion. Ultimately it is your choice.
-Morchu
My question is:
My I-485 is pending for more than 180 days and I have I-140 approval as well.
I am planning to change job as soon as possible but I have to give 60 days notice before I resign my Job as per our Employment terms and conditions.
If they withdraw my approval I-140 status between 60 days, what is going to happen my I-485 Status? Still is valid my I-140 and Can I use Ac 21 as per UCCIS memos.
�Do I need to send AC 21 first before opting by the New Employer?
Thank you.
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gsc999
05-29 08:04 PM
I have a early 2004 Priority date (EB3 India) and asked my attorney if it is wise to reapply in Eb2 as it is current in that date, and she says she believes my Eb3 PD to get current by july. Folks, what do you think ?
---
"Attorney Opinion" hmm... this title is misleading. USCIS priority date is not a legal issue. That so called opinion is a personal opinion. Ask him/her again. But this time let him that you might make some financial/ personal decisions based on his opinion :) and see his/ her reaction. Ask him what are the consequences if his advise is incorrect.:p This just might change this opinionated Attorney. Btw, I would be happy if this attorney is proven right. We all want the priority dated to move faster.
---
"Attorney Opinion" hmm... this title is misleading. USCIS priority date is not a legal issue. That so called opinion is a personal opinion. Ask him/her again. But this time let him that you might make some financial/ personal decisions based on his opinion :) and see his/ her reaction. Ask him what are the consequences if his advise is incorrect.:p This just might change this opinionated Attorney. Btw, I would be happy if this attorney is proven right. We all want the priority dated to move faster.
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gcdreamer05
01-29 11:57 AM
Oh yeah, we are demainding an RFE (request for evidence) to substantiate this gossip....
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GCMan007
03-12 09:30 PM
Did you get second finger print notice before approval? When did you go for first fingerprint notice?
I did not get a second finger printing notice (yet?). The 485 approval notice said that a biometric appt may be sent or the card will arrive. Just keeping my fingers crossed.
My first FP was done in Dec 2007
I did not get a second finger printing notice (yet?). The 485 approval notice said that a biometric appt may be sent or the card will arrive. Just keeping my fingers crossed.
My first FP was done in Dec 2007
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GotFreedom?
07-20 01:50 PM
If your I-485 is already approved, you already have a GC (your status is permanent resident) regardless if you have the physical card in possession or not. You do not need EAD to work in the US. You are allowed to work wherever you may choose without worrying about work authorization. Your GC is your work authorization as well.
Sorry to hear about your job loss. With I-485 already approved, you should be able to apply for the unemployment benefits but I do not know what kind of implications it might have when you go for citizenship. I beleive, you are elegible to reap the benefits of the social benefits even if its considered burden.
Sorry to hear about your job loss. With I-485 already approved, you should be able to apply for the unemployment benefits but I do not know what kind of implications it might have when you go for citizenship. I beleive, you are elegible to reap the benefits of the social benefits even if its considered burden.
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rolrblade
07-27 10:35 AM
Guys�
Urgent advise is required.
My PERM was approved in April-07 and now I have just filed the concurrent 140/485. Now the company is transferring me to a new location (State) early next month with a possible change in the salary than what�s mentioned on my PERM. Can anyone please advise if there will be some impact on my 140/485 applications if:
a) I moved to a different state and, (My work location on PERM is California) - Yates memo says you are fine.
b) If I will be getting less salary than what�s mentioned on my PERM - The question is what is the deviation? Also remember that you are transferring within the same company and I assume your JOB FUNCTION remains similar. In that case you are not even using AC21. You dont need to worry unless the salary is too drastically lower AND falls below the PERM minimum wage requirement.
Thanks much,
Your answers above and PM me if you need more clarification
Urgent advise is required.
My PERM was approved in April-07 and now I have just filed the concurrent 140/485. Now the company is transferring me to a new location (State) early next month with a possible change in the salary than what�s mentioned on my PERM. Can anyone please advise if there will be some impact on my 140/485 applications if:
a) I moved to a different state and, (My work location on PERM is California) - Yates memo says you are fine.
b) If I will be getting less salary than what�s mentioned on my PERM - The question is what is the deviation? Also remember that you are transferring within the same company and I assume your JOB FUNCTION remains similar. In that case you are not even using AC21. You dont need to worry unless the salary is too drastically lower AND falls below the PERM minimum wage requirement.
Thanks much,
Your answers above and PM me if you need more clarification
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FredG
April 17th, 2004, 08:15 PM
Sounds like a soap opera to me. :rolleyes:
Fred
Fred
xela
06-18 07:55 AM
I never saw a change from the April 30th LUD and got the CPO yesterday.
So dont get too concerend if after the receipt notice LUDs you do not see any movement, seems like it goes straight from that to CPO!
Good luck for everyone who is still waiting! :)
So dont get too concerend if after the receipt notice LUDs you do not see any movement, seems like it goes straight from that to CPO!
Good luck for everyone who is still waiting! :)
logiclife
06-01 06:33 PM
No, you cannot file for I-485 unless your PD is current. This is as per the current law.
Now, if comprehensive immigration bill passes and it has provision to allow filing of 485, then you can file 485 even if your PD is not current. It may take time for all that to materialize. You are looking at a minimum of 6 months for such a change to be actually in place where USCIS would allow you to file 485 and that is assuming that all goes well.
As to your priority date transfer, yes, with approved 140 and labor, if you go to another employer who starts your greencard from scratch, then you can use the priority date of your current GC process and "PORT IT" to your new GC process. You will, however, need to keep the 140 and labor alive at your old job if you are beyond the 6th year of H1 in order to obtain an H1 transfer or extension with new employer. So if you are already done with your initial 6 year term, then you will need co-operation of your current employer to prevent him from withdrawing your current labor and 140 - atleast until 365 days have passed with new PERM labor or atleast until your PERM and 140 is approved with new GC process.
Now, if comprehensive immigration bill passes and it has provision to allow filing of 485, then you can file 485 even if your PD is not current. It may take time for all that to materialize. You are looking at a minimum of 6 months for such a change to be actually in place where USCIS would allow you to file 485 and that is assuming that all goes well.
As to your priority date transfer, yes, with approved 140 and labor, if you go to another employer who starts your greencard from scratch, then you can use the priority date of your current GC process and "PORT IT" to your new GC process. You will, however, need to keep the 140 and labor alive at your old job if you are beyond the 6th year of H1 in order to obtain an H1 transfer or extension with new employer. So if you are already done with your initial 6 year term, then you will need co-operation of your current employer to prevent him from withdrawing your current labor and 140 - atleast until 365 days have passed with new PERM labor or atleast until your PERM and 140 is approved with new GC process.
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