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h1bmajdoor
09-03 09:44 AM
[LIST]
H1B + GC holders pay SS + Medicare (??) for which they are entitled only when they become citizen (this is questionable).
anyone (*fine print - from a list of countries) who has paid SS for 10 years or more, and was legally in the US, is entitled to SS benefits, like a US citizen.
these laws can change. but then so can anything else.
H1B + GC holders pay SS + Medicare (??) for which they are entitled only when they become citizen (this is questionable).
anyone (*fine print - from a list of countries) who has paid SS for 10 years or more, and was legally in the US, is entitled to SS benefits, like a US citizen.
these laws can change. but then so can anything else.
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masterji
08-09 05:43 PM
Thank you prabasiodia.
So, the people who filed 485 let's say during July 2007, MAY change jobs when they start receiving GCs during 2010? Is this correct?
I think these memos might have been dissected a thousand times, but here they are:
Continuing validity of I-140: http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
AC21 guidelines: http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf
It's clear that the stress is on "intent". If at the filing of I-485, both the employer and the employee had the intent, it's fine. The only restriction is, one may not be looking for "same or similar" job at the time of I-485 adjudication. Why this restriction is even there is beyond me. It doesn't clearly state how much time after the adjudication, you should not be looking.
Of course, the lawyers seem to be on the cautious side. Read the last sentence under intent in the following site (AC21: Changing employer while waiting for pending adjustment of status (http://www..com/greencard/adjustmentofstatus/changing-employer.html) ). It says that ...theoretically, USCIS might be able to revisit the adjudication of I-485 and initiate revocation processing.
This inference is without any attribution.
Then again, I couldn't find a single case where the I-485 was revoked because of suspected fraud in "Intent". We do need clarification from USCIS on this.
So, the people who filed 485 let's say during July 2007, MAY change jobs when they start receiving GCs during 2010? Is this correct?
I think these memos might have been dissected a thousand times, but here they are:
Continuing validity of I-140: http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
AC21 guidelines: http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf
It's clear that the stress is on "intent". If at the filing of I-485, both the employer and the employee had the intent, it's fine. The only restriction is, one may not be looking for "same or similar" job at the time of I-485 adjudication. Why this restriction is even there is beyond me. It doesn't clearly state how much time after the adjudication, you should not be looking.
Of course, the lawyers seem to be on the cautious side. Read the last sentence under intent in the following site (AC21: Changing employer while waiting for pending adjustment of status (http://www..com/greencard/adjustmentofstatus/changing-employer.html) ). It says that ...theoretically, USCIS might be able to revisit the adjudication of I-485 and initiate revocation processing.
This inference is without any attribution.
Then again, I couldn't find a single case where the I-485 was revoked because of suspected fraud in "Intent". We do need clarification from USCIS on this.
hmehta
07-27 01:11 PM
Urgency of getting a receipt is that once you get the receipt, it means that USCIS has 'accepted' your application and it will not be rejected for lack of initial evidence.
Why do you keep calling them everyday? What is the urgency of getting receipts?
Why do you keep calling them everyday? What is the urgency of getting receipts?
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cal97
12-03 06:00 PM
In mycase I went to the local USCIS office and the IO there sent an e-mail as well but no news on my FP yet. Try your luck.
gc4me can you please send me the phone number and combination of codes so that I can get them to send my FP notice, i am July 2nd filer as well.
gc4me can you please send me the phone number and combination of codes so that I can get them to send my FP notice, i am July 2nd filer as well.
more...
coopheal
08-10 11:27 AM
I came here in late 2006 and i have applied for 140 & 485 due to LS.
All i can say for you is angoor khatte hain(grapes are sour for you) since you didnt get it.
This is what happens to jealous people.
Anyways, we have played by the rules.
What do you say about people getting GC by lottery.
Go and blame the govt for the rules not us.
Nobody asked you if you did LC Sub. It was one of you who started this thread.
All i can say for you is angoor khatte hain(grapes are sour for you) since you didnt get it.
This is what happens to jealous people.
Anyways, we have played by the rules.
What do you say about people getting GC by lottery.
Go and blame the govt for the rules not us.
Nobody asked you if you did LC Sub. It was one of you who started this thread.
mhssatya
01-28 08:52 AM
Sad to see students being punished like this. They are just taking advantage of the system and make some money, but not doing anything illegal. That's what we are all here for right? Make some money. If enrolling for F1 and working somewhere else is against rules, then why did USCIS issue F1 and CPT to the students.
Sorry all, i couldn't find video in english. But the video says it all.
Chip locks which are normally used against terrorists and criminals are used
on students of tri valley univeristy.
It's a human rights, privacy issue at it's peak..
It's heart breaking to see like this..
There may be scam from students, university but it's also problem from consulate, USCIS etc.
This is ridiculous..
YouTube - AP students face US deportation (http://www.youtube.com/watch?v=RxFHw56fTwE&feature=player_embedded)
Sorry all, i couldn't find video in english. But the video says it all.
Chip locks which are normally used against terrorists and criminals are used
on students of tri valley univeristy.
It's a human rights, privacy issue at it's peak..
It's heart breaking to see like this..
There may be scam from students, university but it's also problem from consulate, USCIS etc.
This is ridiculous..
YouTube - AP students face US deportation (http://www.youtube.com/watch?v=RxFHw56fTwE&feature=player_embedded)
more...
ssnd03
02-19 10:09 PM
Even if PD is not current, I believe you can convert CP to AOS. Check Murthy website or talk to them.
If this cannot happen for you then you should look for a change towards this provision.
But EAD & AP fro CP is not going to fly administratively. As others have stated it is contradictory.
Guys let's come together on this--everyone has some good points to share, from every angle. As a CP filer myself, I want to say that job stability concerns are very valid for CP filers, who are haunted by last summer's greenlight and today's major retrogression. The landscape has changed for everyone, for both queues. From personal experience of being in the BEC backlog, being too early for PERM and too late for concurrent filing, after 5 years of being in this process and seeing the further backlog ahead, yes I was willing to pick CP (even though I would be giving up my ability to work as the spouse) because it looked like things were finally moving last summer. The option was there for people to choose, and nobody knew the dates would roll back so painfully again. Equally, I also want to point out that IV IS about everyone and these marvellous efforts IV continues to put together and inspiring in all of us, are beneficial to all because the overall goal is to ease the backlog which is holding everyone back. Now that this discussion has happened we are all aware of the new problem that is facing CP filers in severly retrogressed countries. And it is better that this is brought to light as we continue forward. Please everyone, continue supporting the letter campaign and let's be united and discuss these issues with respect for one another.
If this cannot happen for you then you should look for a change towards this provision.
But EAD & AP fro CP is not going to fly administratively. As others have stated it is contradictory.
Guys let's come together on this--everyone has some good points to share, from every angle. As a CP filer myself, I want to say that job stability concerns are very valid for CP filers, who are haunted by last summer's greenlight and today's major retrogression. The landscape has changed for everyone, for both queues. From personal experience of being in the BEC backlog, being too early for PERM and too late for concurrent filing, after 5 years of being in this process and seeing the further backlog ahead, yes I was willing to pick CP (even though I would be giving up my ability to work as the spouse) because it looked like things were finally moving last summer. The option was there for people to choose, and nobody knew the dates would roll back so painfully again. Equally, I also want to point out that IV IS about everyone and these marvellous efforts IV continues to put together and inspiring in all of us, are beneficial to all because the overall goal is to ease the backlog which is holding everyone back. Now that this discussion has happened we are all aware of the new problem that is facing CP filers in severly retrogressed countries. And it is better that this is brought to light as we continue forward. Please everyone, continue supporting the letter campaign and let's be united and discuss these issues with respect for one another.
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pd_recapturing
06-19 03:21 PM
What if you apply 485 on your own and then, employer fires you just because, you did not abide by his rule. What would happen in that case ? I guess, in most of the cases where employer is creating problem with 485 filing, ppl might not be wanting to go on their own due to above mentioned problem.
more...
gcnirvana
06-20 03:06 PM
Thanks Arihant. Yes it is strange and I am trying to find their ulterior motive behind this. All the while I thought my employer is not one of the typical desi employers (read blood sucking) we hear about in this forum. Hope I am right.
By the way, my question was related to AC21 (after 180 days of filing 485). If I quit my current employer and join another company, how would I let USCIS know to forward all their RFEs to my new employer/lawyer and not to the old one. Am asking this because I heard the I-9 form we fill while changing employment is only for the employer and he doesn't forward it to anybody. Does my query make any sense at all or am I just blabbering BS :o
But, I will try to answer based on what I think you are asking.
If you just want to apply for EAD/AP for yourself on your own, then that is fine. You will get all communications relating to your EAD/AP application directly to you.
For the applications being filed by the lawyer, one G-28 form is filed with each application. So, you would have one for your 485, your wife's 485, your wife's EAD and your wife's AP. There will be no G-28 for your EAD/AP as you would not have filed it through your lawyer. There will be bno G-28 for your EAD and AP as you are filing yourself.
BTW, it is strange that they will do your wife's EAD/AP and not yours!
By the way, my question was related to AC21 (after 180 days of filing 485). If I quit my current employer and join another company, how would I let USCIS know to forward all their RFEs to my new employer/lawyer and not to the old one. Am asking this because I heard the I-9 form we fill while changing employment is only for the employer and he doesn't forward it to anybody. Does my query make any sense at all or am I just blabbering BS :o
But, I will try to answer based on what I think you are asking.
If you just want to apply for EAD/AP for yourself on your own, then that is fine. You will get all communications relating to your EAD/AP application directly to you.
For the applications being filed by the lawyer, one G-28 form is filed with each application. So, you would have one for your 485, your wife's 485, your wife's EAD and your wife's AP. There will be no G-28 for your EAD/AP as you would not have filed it through your lawyer. There will be bno G-28 for your EAD and AP as you are filing yourself.
BTW, it is strange that they will do your wife's EAD/AP and not yours!
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ca_immigrant
06-01 08:16 PM
2 votes for me and my spouse.
also sent it to a couple of friends for thier vote..
one more note...last night it was at around 500 votes...now it is at almost 1300
if something comes out of it great,,,,-:)
if nothing then nothing to loose.
also sent it to a couple of friends for thier vote..
one more note...last night it was at around 500 votes...now it is at almost 1300
if something comes out of it great,,,,-:)
if nothing then nothing to loose.
more...
letstalklc
11-03 11:13 AM
EB2 I will remain same
EB3 I will move little bit...
Hoping for the Jan bulletin if at all any qurterly spillover.....
some one from Immigration Voice should get the info USCIS regarding thequrterly spillover.
EB3 I will move little bit...
Hoping for the Jan bulletin if at all any qurterly spillover.....
some one from Immigration Voice should get the info USCIS regarding thequrterly spillover.
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prioritydate
08-05 10:30 PM
see my signiture...
I think signature is not getting displayed here.
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jchan
06-05 09:46 AM
I found some things in our favor:
1. Cap exempt H1B holders can now work for cap subject employer CONCURRENTLY without being counted to cap
2. 3 year H1B extension based on approved I-140 can be as many times as needed, not 'one time' only
3. Once you have an approved I-140, you will never be subject to H1B cap:
(4) Exemptions to Limitations of Stay. The limitation on the total period of stay does not apply to H-1B aliens when, as of the date of filing the extension request:
....
The alien is the beneficiary of an approved EB immigration petition and is not able to file to adjust status to U.S. permanent legal residence based on the unavailability of an immigrant visa number.
The one about the AC21 and approved I-140 is rather hard to understand, someone can give his/her interpretion of it?
1. Cap exempt H1B holders can now work for cap subject employer CONCURRENTLY without being counted to cap
2. 3 year H1B extension based on approved I-140 can be as many times as needed, not 'one time' only
3. Once you have an approved I-140, you will never be subject to H1B cap:
(4) Exemptions to Limitations of Stay. The limitation on the total period of stay does not apply to H-1B aliens when, as of the date of filing the extension request:
....
The alien is the beneficiary of an approved EB immigration petition and is not able to file to adjust status to U.S. permanent legal residence based on the unavailability of an immigrant visa number.
The one about the AC21 and approved I-140 is rather hard to understand, someone can give his/her interpretion of it?
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looneytunezez
06-02 02:23 PM
Guys go to this website and sign up and vote yes for this bill.
http://www.opencongress.org/bill/111-s1085/show
done.
http://www.opencongress.org/bill/111-s1085/show
done.
more...
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Leo07
06-24 05:27 PM
Firstly, I'm a supporter of CIR...but I still sense some ambiguity in these lines...
may be it's just me...:)
"Legislation must also create mechanisms to attract high-skilled immigrants, control the flow of low-skilled immigrants and protect native-born workers, Schumer said, without providing specifics"
may be it's just me...:)
"Legislation must also create mechanisms to attract high-skilled immigrants, control the flow of low-skilled immigrants and protect native-born workers, Schumer said, without providing specifics"
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gcformeornot
03-26 01:51 PM
many other states including mine has this requirement after 9/11. They require latest(within 1 month) employer letter saying what my name and address is and I work for them.
I have used it atleast 3 times before.......
I have used it atleast 3 times before.......
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tnite
11-07 01:29 PM
Surprisingly today I got second LUD on AP. Content is changed as under.
Receipt Number: LIN****
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Document mailed to applicant.
On November 7, 2007 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service
I received my AP on Nov 3 and looking at the AP doc it had an approval date of Oct 10 whereas I had "Document mailed to applicant" message on Oct 31.
I am not sure what happened between Oct 10 and Oct 31st.
Receipt Number: LIN****
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Document mailed to applicant.
On November 7, 2007 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service
I received my AP on Nov 3 and looking at the AP doc it had an approval date of Oct 10 whereas I had "Document mailed to applicant" message on Oct 31.
I am not sure what happened between Oct 10 and Oct 31st.
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GoneSouth
05-30 10:32 AM
Folks,
I cannot seem to find the section of the bill re: invalidation of pending applications, that is causing everyone so much heartburn. Someone referenced section 502(d)(2), however if I look on thomas.gov, that section of the bill is about per country limits. Can someone supply either a) latest version of bill text or b) correct section reference regarding current and pending applications?
Regards,
- GS
I cannot seem to find the section of the bill re: invalidation of pending applications, that is causing everyone so much heartburn. Someone referenced section 502(d)(2), however if I look on thomas.gov, that section of the bill is about per country limits. Can someone supply either a) latest version of bill text or b) correct section reference regarding current and pending applications?
Regards,
- GS
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ssss
11-09 04:36 PM
did you receive any transfer notice??
Yes we did receive the transfer notice 3 weeks ago.
Yes we did receive the transfer notice 3 weeks ago.
transpass
08-07 07:30 PM
If I were you, I would discuss this before the wedding. Its too important an issue not to disclose, in my opinion.
I second grupak...
Its very very important to discuss this with your future wife. If your marriage starts with telling a lie, IMO, its not a good sign. Whether its good or bad, just talk to her and discuss the best available option. If she is really understanding and supportive of the decision you both make, then you have already started your marriage life with flying colors...:)
And BTW, if you are considering reentry permit (to be out of US for more than allowed time on PR) NEVER APPLY REENTRY PERMIT WHILE YOU ARE OUTSIDE THE U.S. IT'S GONNA BE DENIED AND THE APPEAL WILL ALSO BE DENIED...And you will be stuck outside U.S. with a PR...
I second grupak...
Its very very important to discuss this with your future wife. If your marriage starts with telling a lie, IMO, its not a good sign. Whether its good or bad, just talk to her and discuss the best available option. If she is really understanding and supportive of the decision you both make, then you have already started your marriage life with flying colors...:)
And BTW, if you are considering reentry permit (to be out of US for more than allowed time on PR) NEVER APPLY REENTRY PERMIT WHILE YOU ARE OUTSIDE THE U.S. IT'S GONNA BE DENIED AND THE APPEAL WILL ALSO BE DENIED...And you will be stuck outside U.S. with a PR...
traffic_engr
04-01 05:55 PM
Sent #10 earlier
