bugsbunny
05-03 12:46 PM
Hi, all:
I have a few questions regarding changing job, if anyone knows it , please reply to me. My current situation is:
(1). I-485 was sumitted on 07/2007 and it is still pending. EB3 category.
(2). EAD card valid until 10/2012.
(3). H1-B visa valid until 03/2012 through my current employer.
I find another job which similar to what I-140 describes. But this new employer is a job agency and unwilling to tranfer my H1-B visa. It wants me to work on my EAD card on 1099 form.
So, my questions are:
(1). Will it be problem if I work as independent contractor on 1099 form not W2 form?
i think you can do this on EAD but confirm with and immigration attorney
(2). Is there any problem to new my EAD card since I lost my H1-B visa?
you can work on EAD without H1B but you will be carrying more risk
(3). Do I need to inform INS about this job changing? If so, what docuements I need to submit?
Yes you should file AC 21 related forms and supporting documents. your new job should be in "same or similar" category as you GC job as defined by dept. of labor job codes and descriptions.
BTW its not INS anymore its USCIS
(4). What if my current employer revoke my I - 140, does that mean my GC will be denied? what should I do if I want to keep legal?
Make sure you obtain a copy of your approved I-140. If your current employer revokes it, USCIS might send you a RFE or NOID and you will need to respond with letter of employment from the new employer and submit supporting documentation that your I-140 was already approved and that your new job is similar to the old one.
Thanks.
Bruce
see answers inline
you can also ask your questions during the free weekly attorney calls we have on thursdays
I have a few questions regarding changing job, if anyone knows it , please reply to me. My current situation is:
(1). I-485 was sumitted on 07/2007 and it is still pending. EB3 category.
(2). EAD card valid until 10/2012.
(3). H1-B visa valid until 03/2012 through my current employer.
I find another job which similar to what I-140 describes. But this new employer is a job agency and unwilling to tranfer my H1-B visa. It wants me to work on my EAD card on 1099 form.
So, my questions are:
(1). Will it be problem if I work as independent contractor on 1099 form not W2 form?
i think you can do this on EAD but confirm with and immigration attorney
(2). Is there any problem to new my EAD card since I lost my H1-B visa?
you can work on EAD without H1B but you will be carrying more risk
(3). Do I need to inform INS about this job changing? If so, what docuements I need to submit?
Yes you should file AC 21 related forms and supporting documents. your new job should be in "same or similar" category as you GC job as defined by dept. of labor job codes and descriptions.
BTW its not INS anymore its USCIS
(4). What if my current employer revoke my I - 140, does that mean my GC will be denied? what should I do if I want to keep legal?
Make sure you obtain a copy of your approved I-140. If your current employer revokes it, USCIS might send you a RFE or NOID and you will need to respond with letter of employment from the new employer and submit supporting documentation that your I-140 was already approved and that your new job is similar to the old one.
Thanks.
Bruce
see answers inline
you can also ask your questions during the free weekly attorney calls we have on thursdays
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pitha
07-09 11:47 AM
The text you quoted below only states that the AOS petition can only be approved if a visa number is available, no where does it say that AOS petition cannot be accepted if visa number is not available. we are not asking for AOS petition to be approved we are only asking that AOS petition be filed and accepted by USCIS.
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
Sec. 245. [8 U.S.C. 1255]
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification as a VAWA self-petitioner may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
============================
My points -
a. 140k GCs are NOT available on Oct 1st. Only 27% (37,800) are available and are subject to 7% country cap. DoS estimated the PD based on the number of I-485 applications pending and other related factors.
b. A person can file I-485 as long as his PD is before PD mentioned in the visa bulletin. This is how "immediately available" is defined.
c. Since revised visa bulletin update states that no visa number is available for FY USCIS, by law, can not accept new I-485 applications.
______________________
Not a legal advice.
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
Sec. 245. [8 U.S.C. 1255]
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification as a VAWA self-petitioner may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
============================
My points -
a. 140k GCs are NOT available on Oct 1st. Only 27% (37,800) are available and are subject to 7% country cap. DoS estimated the PD based on the number of I-485 applications pending and other related factors.
b. A person can file I-485 as long as his PD is before PD mentioned in the visa bulletin. This is how "immediately available" is defined.
c. Since revised visa bulletin update states that no visa number is available for FY USCIS, by law, can not accept new I-485 applications.
______________________
Not a legal advice.
ruby
07-20 11:50 AM
I have a suggestion regarding this (just a thought). Maybe some DC members can provide contact to core IV, so that when these guys go to DC, they can stay with IV members than staying in hotels. This will save some of their personal money. We should donate our airlines miles (I know this was discussed earlier also).
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va_il
05-02 12:29 PM
mrajatish is right.
Also, if you have an advanced degree from an acredited university outside US AND have been working for 3 years in a related field, you will also be exempt from the cap regardless of whether you are applying/have applied in EB2 or EB3 (believe me...you would think that people with advanced degrees would have applied in EB2...but there are cases where people have had to apply in EB3 category even with an advanced degree).
I am not sure about that. Most of the EB3 guys have advance degrees (including me) but not necessarily with US degrees.
Also, if you have an advanced degree from an acredited university outside US AND have been working for 3 years in a related field, you will also be exempt from the cap regardless of whether you are applying/have applied in EB2 or EB3 (believe me...you would think that people with advanced degrees would have applied in EB2...but there are cases where people have had to apply in EB3 category even with an advanced degree).
I am not sure about that. Most of the EB3 guys have advance degrees (including me) but not necessarily with US degrees.
more...
pd052009
02-01 02:20 PM
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GCStatus
08-18 11:47 PM
How about giving a proposal to the USCIS to revamp their entire system free of cost so we save future immigrants. Most of us are so called IT professionals arent we.
more...
arunsush
05-07 10:03 AM
That is correct. It does vary from lender to lender. I got 100% from my lender. 1st loan 80% 2nd 20%.
This varies widely from lender to lender.
I was able to get approved for 100% financing for an investment property (which is even harder to get financing for). I decided not to buy it later though.
Always try different kinds of lenders. Big banks, small banks, credit unions. Also try mortgage brokers. Sooner or later you'll make a hit.
This varies widely from lender to lender.
I was able to get approved for 100% financing for an investment property (which is even harder to get financing for). I decided not to buy it later though.
Always try different kinds of lenders. Big banks, small banks, credit unions. Also try mortgage brokers. Sooner or later you'll make a hit.
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diptam
05-23 07:05 AM
See , they started the 3 yr H1B extension only on basis of Retrogression...
and only if you have a approved 140... My Labor was more than 365 days old, so i got couple of 1 yr extension so far... Now my 140 is applied and once approved i'm hoping to apply for 3 yr extension...
But if there is no retrogression - why do i need the above 3 yr H1B ?? I believe the point that IV is addressing is the BURNING issue ... " GET RID OF RETROGRESSION" ....
thanks
and only if you have a approved 140... My Labor was more than 365 days old, so i got couple of 1 yr extension so far... Now my 140 is applied and once approved i'm hoping to apply for 3 yr extension...
But if there is no retrogression - why do i need the above 3 yr H1B ?? I believe the point that IV is addressing is the BURNING issue ... " GET RID OF RETROGRESSION" ....
thanks
more...
guy03062
05-05 11:22 AM
Guys...please stop this useless discussion of whether to give priority to US educated professionals Vs. Non-US education professionals. First of all, we are not the one who have decision power on this one. Secondly, it will make us weak by dividing on such matter. Rather, lets stop this useless discussion and continue working toward our common goal.
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aquarianf
04-24 11:18 AM
Guys one more perspective:
1) Employers are not in the business of litigations. Their business is to run the company. If you or the employers are talking lawsuits then one of you have crossed a red line. It is just that. No sensible person goes to the court knowing he has done wrong. I doubt an employer wants lawsuits. Just like you feel threatened by lawsuits, your employer also feels threatened by lawsuits.
2) Surabhi - nothing personal, but your post reflect how the ideal world should be. However world is not your way always.
3) I agree with acquarian, that it is very stressful if employer threatens to sue you. Also attorneys will charge you $200/ per hr. If someone is saying that attorneys recover money later etc, I say chill. Most attorneys would not do that. They like hourly rates. Its very difficuilt to find an attorney for free unless your case is slam dunk.
Why I suggested he apologize? Be humble. I did not say admit your mistake. I just said aplogize for employers grievance. If two simple words "I apologize" can get your job done, why waste time in attorneys court, etc?
Based on my past experience, I am telling you, you never know when you will need a past employer. You will not need your past client, I have been at atleast 10 client sites, I never needed a past client for something, but I always had to go back to my employers for something. They are like ex GFs or ex spouses and leaving a job is like divorce.
Where you will need your employer? When USCIS sends you an RFE to prove employment experience with XXX company. There is nothing in the law that forces employers to give you an experience letter unless he fired you. Now try getting a court order in 90 days to meet your RFE deadline
When you get a job in fortune 500 company or better opportunity after your GC, your future employer will want to talk to all employers in ur history. Ready for that? Want to give the number now or want to let the job go?
Thats why I am saying DO NOT fight with ex employers. You will get hurt more than the employer. Your ex boss is not a bad guy, he knows you are leaving for better opportunity. Since he remembers what you have done for him, a few kind words will solve the matter.
I needed one such reference in my past, I called and apologized to my former boss because if I didnt, he would not cooperate and nor I had time for years worth of lawsuits. It took about a month, but the matter was settled in my favour.
I agree with kshitijnt that you need past employer more than you need client. In my case I had received 485 query to supply some my employment related docs ( whether that I am working with responser or working with someone else, letter from company showing my current position,sal. etc). Since I didn't change my employer, it was very easy and quick to get such documents from current employer. Imagine if I would have switched on EAD then I would have to chase my past employer for letters, paystubs etc and by the I would got them from past employer,I faced the risk of PD moving back.
1) Employers are not in the business of litigations. Their business is to run the company. If you or the employers are talking lawsuits then one of you have crossed a red line. It is just that. No sensible person goes to the court knowing he has done wrong. I doubt an employer wants lawsuits. Just like you feel threatened by lawsuits, your employer also feels threatened by lawsuits.
2) Surabhi - nothing personal, but your post reflect how the ideal world should be. However world is not your way always.
3) I agree with acquarian, that it is very stressful if employer threatens to sue you. Also attorneys will charge you $200/ per hr. If someone is saying that attorneys recover money later etc, I say chill. Most attorneys would not do that. They like hourly rates. Its very difficuilt to find an attorney for free unless your case is slam dunk.
Why I suggested he apologize? Be humble. I did not say admit your mistake. I just said aplogize for employers grievance. If two simple words "I apologize" can get your job done, why waste time in attorneys court, etc?
Based on my past experience, I am telling you, you never know when you will need a past employer. You will not need your past client, I have been at atleast 10 client sites, I never needed a past client for something, but I always had to go back to my employers for something. They are like ex GFs or ex spouses and leaving a job is like divorce.
Where you will need your employer? When USCIS sends you an RFE to prove employment experience with XXX company. There is nothing in the law that forces employers to give you an experience letter unless he fired you. Now try getting a court order in 90 days to meet your RFE deadline
When you get a job in fortune 500 company or better opportunity after your GC, your future employer will want to talk to all employers in ur history. Ready for that? Want to give the number now or want to let the job go?
Thats why I am saying DO NOT fight with ex employers. You will get hurt more than the employer. Your ex boss is not a bad guy, he knows you are leaving for better opportunity. Since he remembers what you have done for him, a few kind words will solve the matter.
I needed one such reference in my past, I called and apologized to my former boss because if I didnt, he would not cooperate and nor I had time for years worth of lawsuits. It took about a month, but the matter was settled in my favour.
I agree with kshitijnt that you need past employer more than you need client. In my case I had received 485 query to supply some my employment related docs ( whether that I am working with responser or working with someone else, letter from company showing my current position,sal. etc). Since I didn't change my employer, it was very easy and quick to get such documents from current employer. Imagine if I would have switched on EAD then I would have to chase my past employer for letters, paystubs etc and by the I would got them from past employer,I faced the risk of PD moving back.
more...
dkshitij
02-11 10:08 AM
Thanks, Tony! I did email ivcoordinator yesterday. I will wait a few days and check back.
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brij523
12-10 09:17 AM
Pani_6,
Good post. One question to you. Would you be able to give 7 days of your vacation early next year? I want to device a strategy for success. If you are interested we will work togther. And whatever strategy is formed, it will have blessing of IV and participating member. Please reply for this post. Be serious. I am not joking.
Not only you I need around 100 peoples one weeks time. So other people serious about getting GC, if you are willing to part away your valuable one week time that would be great.
I would like to stress, I am not dying because of GC. But I think we need to do something to get GC. Otherwise, we will be in QUE, a lonnnngggg QUE.
Hope I have some taker.
Thanks
Good post. One question to you. Would you be able to give 7 days of your vacation early next year? I want to device a strategy for success. If you are interested we will work togther. And whatever strategy is formed, it will have blessing of IV and participating member. Please reply for this post. Be serious. I am not joking.
Not only you I need around 100 peoples one weeks time. So other people serious about getting GC, if you are willing to part away your valuable one week time that would be great.
I would like to stress, I am not dying because of GC. But I think we need to do something to get GC. Otherwise, we will be in QUE, a lonnnngggg QUE.
Hope I have some taker.
Thanks
more...
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gk_2000
07-19 07:44 PM
It is indeed ugly and disgusting that anyone who talks of doing good to EB3 ends up getting reds. IV should remember that EB3 members outnumber EB2's by a vast margin and they deserve to get justice too
And it is not as if EB3's are less qualified. Most are as much or more qualified and experienced than EB2's. It is just an accident they are in EB3, as companies put them there when there was no difference in USCIS policy between the two
If I continue to see the treatment meted out to EB3's in these forums I would take the decision to quit IV..
And it is not as if EB3's are less qualified. Most are as much or more qualified and experienced than EB2's. It is just an accident they are in EB3, as companies put them there when there was no difference in USCIS policy between the two
If I continue to see the treatment meted out to EB3's in these forums I would take the decision to quit IV..
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feedfront
08-26 02:48 PM
Do you have Pritority Date written on your I-485's notice of action? It's blank for me.
more...
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mirage
03-06 03:18 PM
Somebody was asking a question about what was passed by Congresswoman Zoe Logfren, it was H.R. 1127, not related to us but still a immigration related bill for more info check
http://www.immigration-law.com/
http://www.immigration-law.com/
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abq_gc
08-18 03:29 PM
Abq_gc,
I agree with you on the fact that this is extremely frustrating. Believe me I can feel your pain. However all I am saying is, put your faith in the IV core for a more long term solution, where ALL EB categories benefit. This is a **NOT** a quick strike mission as we have seen for the past 4 years or more. The system is HORRIBLY broken. You cant try and put a bandaid on a foot long laceration. I am sure the idea of a quick fix appeals to a lot of people and I dont blame them either. Everyone on here wants to get their GC and get this mess over with.
I have full faith in the IV core and I know they are working on it as we speak... but Eb3_Nepa we cannot let our guard down against USCIS and I know very well that this is a long term mission.. but we can still do some quick strikes and weaken the enemy before the kill... or would u rather just wait another 3-4 years before the final kill ??
( playing too much of the RTS games because of the apparent frustration ..)
Anyways.. I am with the core and will always support whatever they do, because it will be good for the community as a whole.
All I am suggesting is to be on their heels.. just like my #$%^&* manager.. to get the work done
I agree with you on the fact that this is extremely frustrating. Believe me I can feel your pain. However all I am saying is, put your faith in the IV core for a more long term solution, where ALL EB categories benefit. This is a **NOT** a quick strike mission as we have seen for the past 4 years or more. The system is HORRIBLY broken. You cant try and put a bandaid on a foot long laceration. I am sure the idea of a quick fix appeals to a lot of people and I dont blame them either. Everyone on here wants to get their GC and get this mess over with.
I have full faith in the IV core and I know they are working on it as we speak... but Eb3_Nepa we cannot let our guard down against USCIS and I know very well that this is a long term mission.. but we can still do some quick strikes and weaken the enemy before the kill... or would u rather just wait another 3-4 years before the final kill ??
( playing too much of the RTS games because of the apparent frustration ..)
Anyways.. I am with the core and will always support whatever they do, because it will be good for the community as a whole.
All I am suggesting is to be on their heels.. just like my #$%^&* manager.. to get the work done
more...
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gc28262
08-25 08:03 AM
gc28262,
As I have said before, the problem arises when some companies file petitions when there isn't an immediate job offer. They often take money from the H-1B worker to file the petition and not pay them when they are on bench - making them vulnerable to USCIS audits. In my view this is bad for the H-1B program and everybody who is involed, and it should be investigated by the USCIS.
Now, there may not be many who do this - but a few bad apples have certainly given the rest of us a bad name.
I understand taking money from candidates to file H1 is non-sense. I haven't come across any company that does that when I applied for H1. I contacted couple of H1B sponsors. None of them asked for money. I was really happy the way I was treated by my sponsoring company.
However I dispute your point "some companies file petitions when there isn't an immediate job offer".
There is nothing wrong with this. That is the way consulting works in USA. It is a legitimate business model.
As I have said before, the problem arises when some companies file petitions when there isn't an immediate job offer. They often take money from the H-1B worker to file the petition and not pay them when they are on bench - making them vulnerable to USCIS audits. In my view this is bad for the H-1B program and everybody who is involed, and it should be investigated by the USCIS.
Now, there may not be many who do this - but a few bad apples have certainly given the rest of us a bad name.
I understand taking money from candidates to file H1 is non-sense. I haven't come across any company that does that when I applied for H1. I contacted couple of H1B sponsors. None of them asked for money. I was really happy the way I was treated by my sponsoring company.
However I dispute your point "some companies file petitions when there isn't an immediate job offer".
There is nothing wrong with this. That is the way consulting works in USA. It is a legitimate business model.
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GCnew
11-30 05:41 PM
I have heard that getting a Canadian Green Card is faster. May be that is another alternative for you.
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drirshad
09-03 06:13 AM
I am one of the July 2 filer and calling the level 2 does not help should I check the TSC than NSC with them for my 485 app or it does not matter, my 140 was approved from NSC with April 2005 priority ....
hoolahoous
08-27 06:22 PM
GC comes with a 'sleeve' to keep the card safely. The pouch in the sleeve have special silver lining to prevent 'de-magnetisation' over the period. Please, take due care as its not easy to get replacement.
I was advised so, at SSA. As I was about to put the card in my wallet (Ya, I went to SSA to update my ssn) gentleman at the window interrupted me. I thought I should share this small tip with IVian fella.
Good luck to everyone !!
it is not to prevent 'de-magnetization' but to prevent rfid communication. All new passport and other govt id 'cards' ship with rfid chip in them which contains encrypted biometrics info. Since rfid info can be read even 10 meters away with right equipment, it is better to put it in a metallic sleeve (creating a Faraday cage) to prevent anyone from sniffing then biometrics info.
here is more info ..
SecureIDNews | New U.S. 'Green Card' using optical stripe, RFID technology (http://www.secureidnews.com/2010/05/12/new-u-s-green-card-using-optical-stripe-rfid-technology)
edit: some additional info, mythbusters did a segment on the myth of demagentized credit card. It would take a really very strong magnet to demagnetize the strip, definitely not the kind you would carry in your pocket.
I was advised so, at SSA. As I was about to put the card in my wallet (Ya, I went to SSA to update my ssn) gentleman at the window interrupted me. I thought I should share this small tip with IVian fella.
Good luck to everyone !!
it is not to prevent 'de-magnetization' but to prevent rfid communication. All new passport and other govt id 'cards' ship with rfid chip in them which contains encrypted biometrics info. Since rfid info can be read even 10 meters away with right equipment, it is better to put it in a metallic sleeve (creating a Faraday cage) to prevent anyone from sniffing then biometrics info.
here is more info ..
SecureIDNews | New U.S. 'Green Card' using optical stripe, RFID technology (http://www.secureidnews.com/2010/05/12/new-u-s-green-card-using-optical-stripe-rfid-technology)
edit: some additional info, mythbusters did a segment on the myth of demagentized credit card. It would take a really very strong magnet to demagnetize the strip, definitely not the kind you would carry in your pocket.
newuser
05-23 11:26 AM
Unfortunately, the Senator e-mail id's are not available. We need to do the hard way. use either AILA websiter or senators contact page
AILA - http://capwiz.com/aila2/dbq/officials/
Senators - http://www.senate.gov/general/contact_information/senators_cfm.cfm
Hi,
Can someone copy paste the email ids of senators. I have limited access to internet at my work place.
Thanks and Regards,
Krish
AILA - http://capwiz.com/aila2/dbq/officials/
Senators - http://www.senate.gov/general/contact_information/senators_cfm.cfm
Hi,
Can someone copy paste the email ids of senators. I have limited access to internet at my work place.
Thanks and Regards,
Krish
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