cdeneo
04-02 10:12 PM
Related question:
You get on the EAD track and take up a contract offer. Now as I understand it, AC21 will not apply to the contract offer and the contracting employer will not give a letter stating to continue the GC process since you are on contract. If the original sponsoring employer revokes the I-140 petition (I-140 approved and 180 days have passed post 485 submission), this would basically cause a NOID and the only way to not have the 485 filing denied would be to reply to the NOID with information of a full time offer in a same or similar job and the new employer willing to continue the GC process - is this accurate?
Again, this is merely assuming that I-140 is revoked by the employer who had started the GC process once the employee leaves and takes up another job on contract using EAD. This would mean that there is risk in this scenario (where the I-140 petition is revoked) to take up employment on contract.
Would like to hear from others of what they think about this?
The deal is: GC application is for a future job offer. That means, the company that files for your GC tells the USCIS that they will employ you in the xyz position once you get the green card.
According to the law, you are not required to have worked for that employer at all. Therefore, yes, you can get an employment letter from any employer (180 days after filing I-485), as long as the offer is bonafide, the job is full time & permanent, and the job duties & occupation is similar to the one mentioned in your labor certification.
Technically, you can work for a company like TekSystems on EAD, and when time comes, provide USCIS with a bonafide employment letter from any company that wants to hire you when you get the GC.
Now, some people have raised concerns over the question of "intent". How do you reinforce the fact that you indeed intend to join the new employer when you get the GC? For this reason, when people switch jobs using AC21, they generally go to work for a company that will give them the employement letter.
Ofcourse, the above discussion is in light of what we know today. The USCIS is working on modifying some of the provisions, so things may change a bit in the near future.
Ams
You get on the EAD track and take up a contract offer. Now as I understand it, AC21 will not apply to the contract offer and the contracting employer will not give a letter stating to continue the GC process since you are on contract. If the original sponsoring employer revokes the I-140 petition (I-140 approved and 180 days have passed post 485 submission), this would basically cause a NOID and the only way to not have the 485 filing denied would be to reply to the NOID with information of a full time offer in a same or similar job and the new employer willing to continue the GC process - is this accurate?
Again, this is merely assuming that I-140 is revoked by the employer who had started the GC process once the employee leaves and takes up another job on contract using EAD. This would mean that there is risk in this scenario (where the I-140 petition is revoked) to take up employment on contract.
Would like to hear from others of what they think about this?
The deal is: GC application is for a future job offer. That means, the company that files for your GC tells the USCIS that they will employ you in the xyz position once you get the green card.
According to the law, you are not required to have worked for that employer at all. Therefore, yes, you can get an employment letter from any employer (180 days after filing I-485), as long as the offer is bonafide, the job is full time & permanent, and the job duties & occupation is similar to the one mentioned in your labor certification.
Technically, you can work for a company like TekSystems on EAD, and when time comes, provide USCIS with a bonafide employment letter from any company that wants to hire you when you get the GC.
Now, some people have raised concerns over the question of "intent". How do you reinforce the fact that you indeed intend to join the new employer when you get the GC? For this reason, when people switch jobs using AC21, they generally go to work for a company that will give them the employement letter.
Ofcourse, the above discussion is in light of what we know today. The USCIS is working on modifying some of the provisions, so things may change a bit in the near future.
Ams
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waitnwatch
05-30 01:25 PM
Following this logic only BEC cases are affected.
I use the word "only" caughtiously because there are still a lot in BECs and if it is you it is not a statistic.
If BECs complete processing by year end then all I140s could be issued within a few months of that.
After BEC cases have been processed then what's the problem since PERM is workable?
The only problems I see are:
BEC cases -- it is unacceptable to leave them out in the cold after such a long wait.
Abusive employers cancelling I140 before a new I140 is obtained after moving jobs.
The extension beyond 6th year was only ever intended to allow for the labor certification backlog.
Unfortunately the law makers acted too late and many had to leave some years ago before 7th year extensions were allowed. I hope they don't make up for that by acting too soon now (before BECs complete processing).
If the BECs complete their job, why would there be a need for 7th year extensions?
I am not just talking about those who have already applied or those who are stuck in BEC. I am also talking about anyone who has not yet applied and are applying now or will be applying in the future.
I use the word "only" caughtiously because there are still a lot in BECs and if it is you it is not a statistic.
If BECs complete processing by year end then all I140s could be issued within a few months of that.
After BEC cases have been processed then what's the problem since PERM is workable?
The only problems I see are:
BEC cases -- it is unacceptable to leave them out in the cold after such a long wait.
Abusive employers cancelling I140 before a new I140 is obtained after moving jobs.
The extension beyond 6th year was only ever intended to allow for the labor certification backlog.
Unfortunately the law makers acted too late and many had to leave some years ago before 7th year extensions were allowed. I hope they don't make up for that by acting too soon now (before BECs complete processing).
If the BECs complete their job, why would there be a need for 7th year extensions?
I am not just talking about those who have already applied or those who are stuck in BEC. I am also talking about anyone who has not yet applied and are applying now or will be applying in the future.
Soul
05-30 04:43 PM
:(
lol
lol
2011 Segunda ley de Newton
ksircar
05-11 10:20 AM
Guys,
I found this site where in we can send letters to our senate members or house representatives regarding the issues we face.
http://capwiz.com/aila2/issues/alert/?alertid=9589591
Letter content pre-exists if needed you can change.
Let's inundate senate & other members with what we are facing..
-IV2007
EB2 Labor Pending
But, its main focus is on increasing H1B visa numbers ... should we involve ourselves into that?
I found this site where in we can send letters to our senate members or house representatives regarding the issues we face.
http://capwiz.com/aila2/issues/alert/?alertid=9589591
Letter content pre-exists if needed you can change.
Let's inundate senate & other members with what we are facing..
-IV2007
EB2 Labor Pending
But, its main focus is on increasing H1B visa numbers ... should we involve ourselves into that?
more...
vdixit
04-10 08:00 PM
THere are restrictions on applying H1B via multiple employers. THe candidate will be rejected outright. Read the recent guidance on the USCIS website. So hopefully we will not see multiple applications for the same person this year.
prom2
10-02 09:07 PM
So ND definitely matters. Check your position in queue using ND. Not RD.
So in my opinion with current situation PD matters in the end. Luck matters first. :(
I am agree with you.
So in my opinion with current situation PD matters in the end. Luck matters first. :(
I am agree with you.
more...
pointlesswait
04-20 09:03 AM
Dude,... Fasa is only for US citizens..
and even the banks will reject you if u dont have a GC..
You get only a personal loan....or personal line of credit..from MBNA...(best option)
Pvt. student loans ...from accessgroup.org..have stopped since nov. last year.
Google for FASA and try to fill in the application for federal aid online. It will most probably be rejected as federal government does not provide loans for foreign students. But you need to fill in this to apply for loan in any major banks like chase, bank of america or wells fargo, salli Mae etc.
After you get rejection from FASA call any of the major banks and try for a loan. If you have a guarantor in United States with good credit score the loan will easily get approved. Even if you dont have some guarantee, just call these banks and give it a try. Who knows, you may be lucky and you might get a loan.
and even the banks will reject you if u dont have a GC..
You get only a personal loan....or personal line of credit..from MBNA...(best option)
Pvt. student loans ...from accessgroup.org..have stopped since nov. last year.
Google for FASA and try to fill in the application for federal aid online. It will most probably be rejected as federal government does not provide loans for foreign students. But you need to fill in this to apply for loan in any major banks like chase, bank of america or wells fargo, salli Mae etc.
After you get rejection from FASA call any of the major banks and try for a loan. If you have a guarantor in United States with good credit score the loan will easily get approved. Even if you dont have some guarantee, just call these banks and give it a try. Who knows, you may be lucky and you might get a loan.
2010 Leyes de Newton
ashkam
08-09 09:34 AM
i filed my 140 on july 12th. Received receipt notice from TSC on jul 23rd.
My attorney filed for 485 on aug 2nd. But he filed with old fee and old 485 forms. He says i fall under july visa bulletin, so i can file with older fee.
Is he correct? Will there be no problem with my application?
Your attorney is right. Old fees apply and old forms are fine.
My attorney filed for 485 on aug 2nd. But he filed with old fee and old 485 forms. He says i fall under july visa bulletin, so i can file with older fee.
Is he correct? Will there be no problem with my application?
Your attorney is right. Old fees apply and old forms are fine.
more...
rsharma
07-23 09:49 PM
I am a july 2nd 2007 filer with notice date Aug 23rd 2007. In response to my SR, I received the following reply:
"...... There is not currently a visa available to you based upon your country of birth, your employment-based category and your priority date. Your I-485 application cannot be adjudicated until there is a visa available to you. Your case is therefore awaiting visa availability for your category and further review by an Adjudications Officer. ......."
Many people have said that the July 2nd filers cases have been pre-adjudicated.
However the SR response clearly says that my case will not be adjudicated untill visa # will be avalable.
Does anybody know what is meant by pre-adjudication ?
What is difference between adjudication and pre-adjudication?
Thanks in advance for your replies. Any reply will be appreciated specially from the attorneys.
"...... There is not currently a visa available to you based upon your country of birth, your employment-based category and your priority date. Your I-485 application cannot be adjudicated until there is a visa available to you. Your case is therefore awaiting visa availability for your category and further review by an Adjudications Officer. ......."
Many people have said that the July 2nd filers cases have been pre-adjudicated.
However the SR response clearly says that my case will not be adjudicated untill visa # will be avalable.
Does anybody know what is meant by pre-adjudication ?
What is difference between adjudication and pre-adjudication?
Thanks in advance for your replies. Any reply will be appreciated specially from the attorneys.
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shsk
07-17 01:02 AM
Thank you very much, I will be sending the document tomorrow:)
more...
vivekm1309
08-13 01:11 AM
looks like vldrao got his GC and took a hike ;)
Vdlrao may be helping DOS/USCIS to finalise the Visa Bulletin for September, must have been invited by Michael Chertoff seeing his grip on the visa numbers...:p
Vdlrao may be helping DOS/USCIS to finalise the Visa Bulletin for September, must have been invited by Michael Chertoff seeing his grip on the visa numbers...:p
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MatsP
November 1st, 2005, 03:02 AM
Thanks for the feedback, Mats. It may sound like an excuse, but the client actually wanted this. She brought a couple of Japanese catalogs as examples of these sorts of preserved flower arrangements, and they all tended to a shallow DoF, overexposed, soft look. For the arrangements, I didn't much care for the style, but for the single rose, I rather liked the result.
I convinced her that having some sharp detail was good, but she really liked the shallow, overexposed look. Hence the light colored backgrounds in most of the shots, and a central blossom. I am rather glad of that, since, when left to myself, I was having a devil of a time trying to get a DoF that kept the subject sharp, and put the background OoF. I think I need a bigger "studio" next time (instead of my dining table...).
OTOH, maybe studio work isn't really for me...
Hey, if you have a paying customer that is happy and a freeloading web-browsing "advisor" that isn't, then that's a pretty good state of affairs. Customer happy is much more important than just about anything, especially if the customer is paying.
--
Mats
I convinced her that having some sharp detail was good, but she really liked the shallow, overexposed look. Hence the light colored backgrounds in most of the shots, and a central blossom. I am rather glad of that, since, when left to myself, I was having a devil of a time trying to get a DoF that kept the subject sharp, and put the background OoF. I think I need a bigger "studio" next time (instead of my dining table...).
OTOH, maybe studio work isn't really for me...
Hey, if you have a paying customer that is happy and a freeloading web-browsing "advisor" that isn't, then that's a pretty good state of affairs. Customer happy is much more important than just about anything, especially if the customer is paying.
--
Mats
more...
house segunda ley de newton. LECTURA II.5 - La Segunda Ley; LECTURA II.5 - La Segunda Ley. azentropy. Sep 15, 09:34 AM
waitin_toolong
11-18 04:47 PM
the new FP EAD will be the one that you file for renewal, they will not automatically issue a new one.
They stand to gain $340 from it.
For the person worried about his EAD dont go by what the customer rep said, they are forever giving out incorrect information, majority of EADs issued in the last 3 months have been without biometrics.
Wait for 10 days or get infopass appointment.
They stand to gain $340 from it.
For the person worried about his EAD dont go by what the customer rep said, they are forever giving out incorrect information, majority of EADs issued in the last 3 months have been without biometrics.
Wait for 10 days or get infopass appointment.
tattoo 2-Segunda ley o Principio
richasamuel@yahoo.com
08-29 10:51 PM
Hi frnds,
I used to work for a company A in california.. Boss is kind of using very bad language constantly and torchers almost everyday. Is there any1 who can help me out or has similar situations. Is there any1 that i can file a complain. Since he knew that I am on H1B and international student he was continuously abusing. any help would appreciated.
Tanx.
Keep one thing in mind every decision in life has its own pro's and con's.First of all with all self respect for yourself change your job.H1b itself is legalised slavery or human trafficking whatever you call it.unfortunately whether your employer tortures you or not every employer irrespective of whether you are a H1b or a Green card or a citizen will exploit you to the fullest, no matter what, that's the irony.
I used to work for a company A in california.. Boss is kind of using very bad language constantly and torchers almost everyday. Is there any1 who can help me out or has similar situations. Is there any1 that i can file a complain. Since he knew that I am on H1B and international student he was continuously abusing. any help would appreciated.
Tanx.
Keep one thing in mind every decision in life has its own pro's and con's.First of all with all self respect for yourself change your job.H1b itself is legalised slavery or human trafficking whatever you call it.unfortunately whether your employer tortures you or not every employer irrespective of whether you are a H1b or a Green card or a citizen will exploit you to the fullest, no matter what, that's the irony.
more...
pictures segunda ley de newton.
krishgreen
05-25 11:30 PM
Thanks for sharing your experience.I have appt on Thursday May 27th. I am carrying all the documents with me including the letter from my project manager.
Also, did VO asked any specific questions about employee & employer relationship if you are working for a small consulting firm.
When you say VO asked about Employment verification letter, does he mean letter from the client or letter from your employer confirming your employment and salary details?
Chicagobuddy: I will share my experience once I attend interview on May 27th.
Also, did VO asked any specific questions about employee & employer relationship if you are working for a small consulting firm.
When you say VO asked about Employment verification letter, does he mean letter from the client or letter from your employer confirming your employment and salary details?
Chicagobuddy: I will share my experience once I attend interview on May 27th.
dresses en su segunda ley:
centaur
02-09 11:08 AM
Bush is for immigration reform.
I see people disliking him, but to be fair to him, that man had some very good ideas when he became the president. He was unlucky that 9-11 happened when he was just 9 months into presidency and inexperienced, but his response was good, and it was wrong for him to go into Iraq as the reasons were all wrong. That was a huge mistake, probably in-expereince, wrong advisors, oil lobby, and some of the fear from 9-11, all contributed to that decision.
Overall, he has done more in terms of changing things, and has started debates on more controversial issues than anyone before. He has done more for the world trade, es[ecially countries like India, China and Brazil. He has gone beyond racial and gender factors, as reflected in choice of his staff and advisors.
Debates have to be started before anything happens and sometime it takes years, even after the presidency is over.
It's easy to blame him for everything as he is the face we see. I am not a Bush supporter, but actually a huge Clinton fan, but I think we tend to be overly unfair to the man. He has an office that comes with blames, sometimes decisions are not easy and you could go wrong either way. I think he tends to err on side of doing more than less, while Clinton was opposite and kept things stable, but also didnot start changes or lay grounds for change to take place.
As a president I think he has probably done more, or sets things in motion, more than Clinton did. Sometimes things need changing, and initial in-stability goes with the change.
The Judicial system is run by Bush and et al..they wont listen to soemone who they are not answerable to.
I see people disliking him, but to be fair to him, that man had some very good ideas when he became the president. He was unlucky that 9-11 happened when he was just 9 months into presidency and inexperienced, but his response was good, and it was wrong for him to go into Iraq as the reasons were all wrong. That was a huge mistake, probably in-expereince, wrong advisors, oil lobby, and some of the fear from 9-11, all contributed to that decision.
Overall, he has done more in terms of changing things, and has started debates on more controversial issues than anyone before. He has done more for the world trade, es[ecially countries like India, China and Brazil. He has gone beyond racial and gender factors, as reflected in choice of his staff and advisors.
Debates have to be started before anything happens and sometime it takes years, even after the presidency is over.
It's easy to blame him for everything as he is the face we see. I am not a Bush supporter, but actually a huge Clinton fan, but I think we tend to be overly unfair to the man. He has an office that comes with blames, sometimes decisions are not easy and you could go wrong either way. I think he tends to err on side of doing more than less, while Clinton was opposite and kept things stable, but also didnot start changes or lay grounds for change to take place.
As a president I think he has probably done more, or sets things in motion, more than Clinton did. Sometimes things need changing, and initial in-stability goes with the change.
The Judicial system is run by Bush and et al..they wont listen to soemone who they are not answerable to.
more...
makeup segunda ley de newton. ley de Newton y después de; ley de Newton y después de. iBorg20181. Aug 17, 06:34 PM
GCAmigo
01-02 03:20 PM
>>>You can travel on your current stamped H4. In fact, I'm not sure if you can even get the new H4 stamped now because they say that you can get the new approval stamped only 10 days prior to the expiry of the current one. In other words, you could get the new approval stamped after 6/10/2007 but I do not know how strictly they enfore that.
I got stamped in July-06 while my existing stamp was valid up to 12/31/06..
I got stamped in July-06 while my existing stamp was valid up to 12/31/06..
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h1techSlave
07-13 07:57 PM
Thanks every body for explaining these things.
And now, what can I do to get out of the "unknown quantity" with a grey square?
Cheers,
h1techSlave
And now, what can I do to get out of the "unknown quantity" with a grey square?
Cheers,
h1techSlave
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ck_b2001
07-17 07:37 PM
Hi All,
I applied for my 485 on June 30th 2007, It reached USCIS on July 2nd. On July 2nd morning USCIS announced that all applications will be rejected because there are no VISA numbers. Considering that I went to Mexico on July 12th and got my H1 stamped. Today USCIS has announced that it will accept applications through 8/17/2007.
My question is: In my 485 app. I entered my old I-94# and VISA #. Since I went to Mexico and got my H1 stamped and entered US my I-94 and VISA #'s have changed. Will this be an issue?
I heard that USCIS will verify my status using the I-94 on the 485 form before issuing a 485 reciept. In which case my old I-94 would show that I have left the country & USCIS can abondon my application!! Is this true? Has this happend to any of you?
Please advise.
Thanks,
Nachi
You should seek legal advice. you are correct in saying that at POE they need to know that you had applied for 485 so that when they issue I-94, your filed petition is still vaild and not considered abandoned.
I applied for my 485 on June 30th 2007, It reached USCIS on July 2nd. On July 2nd morning USCIS announced that all applications will be rejected because there are no VISA numbers. Considering that I went to Mexico on July 12th and got my H1 stamped. Today USCIS has announced that it will accept applications through 8/17/2007.
My question is: In my 485 app. I entered my old I-94# and VISA #. Since I went to Mexico and got my H1 stamped and entered US my I-94 and VISA #'s have changed. Will this be an issue?
I heard that USCIS will verify my status using the I-94 on the 485 form before issuing a 485 reciept. In which case my old I-94 would show that I have left the country & USCIS can abondon my application!! Is this true? Has this happend to any of you?
Please advise.
Thanks,
Nachi
You should seek legal advice. you are correct in saying that at POE they need to know that you had applied for 485 so that when they issue I-94, your filed petition is still vaild and not considered abandoned.
BEC_fog
07-04 12:13 PM
Could someone please post the article here?
ravish_kaipa
09-27 04:16 PM
Hi
Can you please confirm from your lawyer , if the A# shows up only if your 140 is approved or do you get one as soon as you have the receipt number . The reason I ask is , I saw an A# on my 485 forms that my lawyer filled and its the same number that shows up on my EAD and FP . However my company won't tell me if my 140 is approved or not .. so trying to decipher...
Thanks
tinoue I will suggest talk to lawyer,
As per my lawyer, If at the time of filing of I-485 , you already have I-140 approved , you are supposed to write A# I-140 on I-485 Application.
Otherwise they might assign New One..
If you remember on I-485 Application there is place for A#.
Can you please confirm from your lawyer , if the A# shows up only if your 140 is approved or do you get one as soon as you have the receipt number . The reason I ask is , I saw an A# on my 485 forms that my lawyer filled and its the same number that shows up on my EAD and FP . However my company won't tell me if my 140 is approved or not .. so trying to decipher...
Thanks
tinoue I will suggest talk to lawyer,
As per my lawyer, If at the time of filing of I-485 , you already have I-140 approved , you are supposed to write A# I-140 on I-485 Application.
Otherwise they might assign New One..
If you remember on I-485 Application there is place for A#.
