tabletpc
12-16 10:22 AM
Don't Panic but retaliate.
Appraise your self with form wh4 and AC21 rules and then appreaise your new employer attorney. You and your new employer attorney are in good situation to take your Ex-employer for a ride. Good luck....
After 180 days I-485 is pending and I-140 is approved, your priority date remains valid even if your employer withdraws approved I-140. Basically, your ex-employer cannot stop the case, and as long as you find a new job in similar ocupation and very similar duties, you I-485 can still be approved. Read AC-21 for more information.
Suggestion: keep the employment termination letter/note/email for records for future reference.
Appraise your self with form wh4 and AC21 rules and then appreaise your new employer attorney. You and your new employer attorney are in good situation to take your Ex-employer for a ride. Good luck....
After 180 days I-485 is pending and I-140 is approved, your priority date remains valid even if your employer withdraws approved I-140. Basically, your ex-employer cannot stop the case, and as long as you find a new job in similar ocupation and very similar duties, you I-485 can still be approved. Read AC-21 for more information.
Suggestion: keep the employment termination letter/note/email for records for future reference.
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Blog Feeds
12-18 09:50 AM
Silicon Valley Immigration Lawyer Blog Has Just Posted the Following:
Yesterday I was taken aback when I turned to the editorial page of the San Jose Mercury News, the primary newspaper of Silicon Valley, and found an Op-Ed by Patrick J. Buchanan calling for a moratorium on ALL LEGAL immigration. (http://www.mercurynews.com/opinion/ci_13952824?nclick_check=1) He argues that the LEGAL immigrants are taking jobs from U.S. workers, and that by barring all U.S. immigration the economy can recover faster.
Legal immigration is not the same as "illegal" immigration. He is not talking about doing something about the high number of undocumented people living in the U.S. By calling for a halt to legal immigration, he would stop the husbands and wives of U.S. citizens from immigrating to the U.S. He would prevent the children and step-children of U.S. citizens from coming to the U.S. He would stop the parents of U.S. citizens from immigrating. He would stop U.S. citizens from adopting children from abroad. He would prevent those who came as refugees from obtaining permanent residence. He would turn away the brilliant minds who qualify to immigrate by being awarded the equivalent of a Nobel Prize.
More... (http://www.siliconvalleyimmigrationlawyer.com/2009/12/san-jose-mercury-news-publishe.html)
Yesterday I was taken aback when I turned to the editorial page of the San Jose Mercury News, the primary newspaper of Silicon Valley, and found an Op-Ed by Patrick J. Buchanan calling for a moratorium on ALL LEGAL immigration. (http://www.mercurynews.com/opinion/ci_13952824?nclick_check=1) He argues that the LEGAL immigrants are taking jobs from U.S. workers, and that by barring all U.S. immigration the economy can recover faster.
Legal immigration is not the same as "illegal" immigration. He is not talking about doing something about the high number of undocumented people living in the U.S. By calling for a halt to legal immigration, he would stop the husbands and wives of U.S. citizens from immigrating to the U.S. He would prevent the children and step-children of U.S. citizens from coming to the U.S. He would stop the parents of U.S. citizens from immigrating. He would stop U.S. citizens from adopting children from abroad. He would prevent those who came as refugees from obtaining permanent residence. He would turn away the brilliant minds who qualify to immigrate by being awarded the equivalent of a Nobel Prize.
More... (http://www.siliconvalleyimmigrationlawyer.com/2009/12/san-jose-mercury-news-publishe.html)
gc_buddy
03-07 04:55 PM
It took me about 95 days, from start to finish.
Can you please share which service center and the dates..
Can you please share which service center and the dates..
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Circus123
01-09 03:43 PM
"I suppose this year's quota for EB3 India is not yet used (as small it may seem). My guess is, when EB3 processing begins, it should get your collegues out in 6 to 9 months from now."
EB3 quota is like a spoon of rice from a bag of basmati :))
EB3 quota is like a spoon of rice from a bag of basmati :))
more...
joshraj
10-06 09:37 AM
Anyone with July 27 File Date, Please update receipt recd or not recd
paskal
07-24 02:04 AM
Thanks Fromnaija!
Good info :)
Good info :)
more...
pappu
07-21 10:16 AM
You can consult any lawyer. To the best of my knowledge you dont need employer sponsorship if ur a PhD although i could be wrong.
Yes. Just having a Ph.D does not ensure a greencard. Employer based EB greencards are straightforward in process since employer only has to prove that no american citizen is available to do the job and the employer is willing to pay the salary as per market rates. This is established via labor certification process. The other routes of bypassing this are by showing that one is so expectional that US Government should allow them to stay permanently in this country. The various routes for this are if you can show if you have several publications, articles, patents awards at international level. Extraordinary ability people in Sciences, sports and arts can apply for it. The other avenue is the investor category. if you invest money and give employment to US citizens. You should go through USCIS website to get more details on various GC routes.
Yes. Just having a Ph.D does not ensure a greencard. Employer based EB greencards are straightforward in process since employer only has to prove that no american citizen is available to do the job and the employer is willing to pay the salary as per market rates. This is established via labor certification process. The other routes of bypassing this are by showing that one is so expectional that US Government should allow them to stay permanently in this country. The various routes for this are if you can show if you have several publications, articles, patents awards at international level. Extraordinary ability people in Sciences, sports and arts can apply for it. The other avenue is the investor category. if you invest money and give employment to US citizens. You should go through USCIS website to get more details on various GC routes.
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admin
05-21 10:46 PM
eb3india,
Have you done any kind of research into the two questions that you have raised namely the 245(i) problem and the nurse categories. Please do it and you will find how they came into picture.
A sincere request to all our members. Before demanding a response from the core group, we hope you do more research on your flash thoughts. All the core group members have a full time job and are doing this in our free time apart from work and family. Given that it is crunch time in the Senate, we really don't have the time now to respond to all queries.
Have you done any kind of research into the two questions that you have raised namely the 245(i) problem and the nurse categories. Please do it and you will find how they came into picture.
A sincere request to all our members. Before demanding a response from the core group, we hope you do more research on your flash thoughts. All the core group members have a full time job and are doing this in our free time apart from work and family. Given that it is crunch time in the Senate, we really don't have the time now to respond to all queries.
more...
hsingh82
03-25 05:01 PM
Voted for few pro legal immigration messages!
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neobuddha
08-28 02:02 PM
I went through this experience. My I-140 was approved but never received any receipt or approval notice. Finally, my lawyer had to file I-824 (To request further action on an approved application or petition). This is a slow process and it took about 10 months for us to get the duplicate approval. All other request for sending the copy of approval notice etc did not work.
All the best.
-NeoBuddha
Hi,
My company filed for I-140 around Dec-2007. During first week of Sep-2008 USCIS case status page was showing "I-140 is approved". After that since third week of Sep-2008 case status page is showing "Documents mailed to applicant".
But neighter my lawyer not my employer had received the approval notice in mail.
How to obtain the duplicate or copy of this approved I-140? What form need to be submitted? where? and how much time it takes?
Thanks,
All the best.
-NeoBuddha
Hi,
My company filed for I-140 around Dec-2007. During first week of Sep-2008 USCIS case status page was showing "I-140 is approved". After that since third week of Sep-2008 case status page is showing "Documents mailed to applicant".
But neighter my lawyer not my employer had received the approval notice in mail.
How to obtain the duplicate or copy of this approved I-140? What form need to be submitted? where? and how much time it takes?
Thanks,
more...
pasupuleti
03-28 01:53 PM
Correct me if I am wrong, yesterday's bill which is passed does not have like this provisions.
Yes! Yesterday's bill does not have these provisions.
Yes! Yesterday's bill does not have these provisions.
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uma001
05-24 09:44 AM
Here is my case:
MS (computer engg) in US
US IT experience more than 6 years
No TOEFEL ( what native english speaker??)
Worked in high growth technology/employer (I assume)
come under STEM.
My employer is sponsering my green card
How many points will i get??
MS (computer engg) in US
US IT experience more than 6 years
No TOEFEL ( what native english speaker??)
Worked in high growth technology/employer (I assume)
come under STEM.
My employer is sponsering my green card
How many points will i get??
more...
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gatsat
10-08 03:10 PM
Hi. I am still unmarried. But i applied for my I-485 when it was current last month . My priority date iss Nov2004 in EB2. Currently it is April2004. I might not be able to get married till May2008. Would i be getting GC by then or is there chances of getting delayed. Please let me know
Also, is there any way that i can keep postponing my application to be processed till i get married ? I filed in Augst 13th and still didnt get my receipt. Also my I-140 is in process in TSC.
Please clarify.
Also, is there any way that i can keep postponing my application to be processed till i get married ? I filed in Augst 13th and still didnt get my receipt. Also my I-140 is in process in TSC.
Please clarify.
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rheoretro
08-08 07:33 PM
...of meaningless "predictions."
more...
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shishya
09-02 03:34 PM
Thanks for the confirmation that this is better confirmed and cleared out rather than face unnecessary delays. I have called them and re-requested an update of my address on phone -- NEED to wait another 45 days to receive a letter from USCIS, if not, apparently only then can I get an Infopass appointment. Lets see.
My Friend it does matters - Here is why - Although I changed my address online & got confirmation number every time I moved to different place - what happened was the RFE issued on my case was addressed to the place where I filed my application. Since then I moved to two different places and every time I moved I did update my address online promptly. Since RFE was posted to the old address as a result of the mail was fwd to all places where I lived in the past and finally delivered to my current address. Thanks to online status that I came to know RFE was issued on case with deadline. I received the RFE letter just about 3 days to respond. When we talked to CIS CSR about this the answer was that the IO who worked on my case got old address that was mentioned on my application itself and did not refer the address change made online. With help of my employer and attorney we were able to respond within the deadline date. I would call them and make sure the correct address and ask for confirmation letter from CIS. Hope this helps!
My Friend it does matters - Here is why - Although I changed my address online & got confirmation number every time I moved to different place - what happened was the RFE issued on my case was addressed to the place where I filed my application. Since then I moved to two different places and every time I moved I did update my address online promptly. Since RFE was posted to the old address as a result of the mail was fwd to all places where I lived in the past and finally delivered to my current address. Thanks to online status that I came to know RFE was issued on case with deadline. I received the RFE letter just about 3 days to respond. When we talked to CIS CSR about this the answer was that the IO who worked on my case got old address that was mentioned on my application itself and did not refer the address change made online. With help of my employer and attorney we were able to respond within the deadline date. I would call them and make sure the correct address and ask for confirmation letter from CIS. Hope this helps!
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Redeye
12-19 05:02 PM
During the July fiasco, lawyer applied first set on July 2nd and since we were n't sure if the application reached USCIS we put a yello cover sheet which said refiling because earlier 485 could be misplaced. Even after that, both first and second were accepted and I got EAD, FP and AP on the first one and EAD, FP on the second one. Attorney suggested to follow up with FP second time also and said we will be asked by USCIS which application to keep. Is this true?
Or will both my applications be rejected since we did not get back to them?
I know some other folks on IV are also in same boat. I am planning to use EAD so I am kind of worried otherwise it is clean case with I 140 approved.
Or will both my applications be rejected since we did not get back to them?
I know some other folks on IV are also in same boat. I am planning to use EAD so I am kind of worried otherwise it is clean case with I 140 approved.
more...
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mikrupee
07-27 03:26 PM
What happen to a person with H1B and then EAD. Main job he continues with original employer who file GC and take a partime like working in a store. What will be the interpretation and Can he do that?
Senior pl give advice.
O.K. Once you get EAD being a H4 Visa holder you can do multiple jobs in multiple field as you were having H4 status. But now if you are having H1 status then you can do multiple jobs with all jobs having similar description to the job description for what your original employer filed your green card (485).
Now real question should be "Should I use EAD or Should I be on H1/H4?"
If U choose to use your EAD than from that moment your H status expires. In normal circumstances you would not care. But in reality your 485 process will still continue for years and say unfortunately something bad happen to your 485 process and get denied then you will have one choice that is to leave USA. But if you have maintained your H status not using EAD then in that kind of scenario you still keep working and staying in USA.
Senior pl give advice.
O.K. Once you get EAD being a H4 Visa holder you can do multiple jobs in multiple field as you were having H4 status. But now if you are having H1 status then you can do multiple jobs with all jobs having similar description to the job description for what your original employer filed your green card (485).
Now real question should be "Should I use EAD or Should I be on H1/H4?"
If U choose to use your EAD than from that moment your H status expires. In normal circumstances you would not care. But in reality your 485 process will still continue for years and say unfortunately something bad happen to your 485 process and get denied then you will have one choice that is to leave USA. But if you have maintained your H status not using EAD then in that kind of scenario you still keep working and staying in USA.
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bhasky25
10-11 02:31 PM
I do not wish to refile my GC.. I just wanted to know if I can get my HB1 renewed even after the underlying 140 is revoked...
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neema
11-29 04:48 PM
I got my H4 stamped first and then applied for H1 while in India. Travelled to US on H4. This is the reason why I cannot work in US without stamping.
I am not too sure if USCIS would ask questions when I apply for h1B again in future through another company, about my not using my previous H1 aprooval for working in US.
What is the validity on the H1 ? Did you get this H1 before you got H4 stamped and before landing in USA on H4 ?
It is not possible to get the stamping on company "B" if you have H1 from company "A".
You can get the stamping done overseas based on the current H1. You can enter US based on that stamping. You are expected to work for that company to transfer teh H1 to a different company. You will be asked to send at least one pay stub (more some times in case of RFE) with your transfer application.
I am not too sure if USCIS would ask questions when I apply for h1B again in future through another company, about my not using my previous H1 aprooval for working in US.
What is the validity on the H1 ? Did you get this H1 before you got H4 stamped and before landing in USA on H4 ?
It is not possible to get the stamping on company "B" if you have H1 from company "A".
You can get the stamping done overseas based on the current H1. You can enter US based on that stamping. You are expected to work for that company to transfer teh H1 to a different company. You will be asked to send at least one pay stub (more some times in case of RFE) with your transfer application.
gunabcd
07-17 04:48 PM
I am ashamed to read these comments coming from "highly skilled" people. Administrators please take preventive steps. We dont want some sickos malign IV. :mad: :mad:
Come on guys, we are in US not in Saudi Arabia. Such comments are made in US senate also. It's not illegal to say something like that. It was a good joke. With all due respect let me ask you, are "Highly skilled" not human being?
Still I agree that such comments should not be made, because it could become a norm, and someone someday could really cross the boundry, which could create a problem for IV.
Come on guys, we are in US not in Saudi Arabia. Such comments are made in US senate also. It's not illegal to say something like that. It was a good joke. With all due respect let me ask you, are "Highly skilled" not human being?
Still I agree that such comments should not be made, because it could become a norm, and someone someday could really cross the boundry, which could create a problem for IV.
gc_kaavaali
05-21 01:48 PM
hi,
Just want to find out the process to apply for interim EAD...I applied for EAD renewal on 8th of may and my EAD expires August 16th...i doubt i get my EAD before my current expires...i just want to find out whether i can apply for interim EAD or ??? if yes, what are the current procedures? I e-filed my EAD application and sent all documents to TSC...please help gurus.
Just want to find out the process to apply for interim EAD...I applied for EAD renewal on 8th of may and my EAD expires August 16th...i doubt i get my EAD before my current expires...i just want to find out whether i can apply for interim EAD or ??? if yes, what are the current procedures? I e-filed my EAD application and sent all documents to TSC...please help gurus.
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