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ssharma
06-30 05:06 PM
Here is a memo from one of the law firms, I found on the net.
http://www.michaelpiston.net/documents/m/changing%20employer%20after%20I-485%20is%20approved.pdf
After digging thro' forums it seems everyone talks about having the "intention" of staying with the Employer after GC.
Here's my question.
- Should the "intention" be on the day of filing 485 or the day you get GC ? (a date in future that no one can predict).
If the "intention" has to be at the time of 485 filing then, after 180 days of filing 485 one should be able to change employers, irrespective of the case being approved or NOT.
thoughts/comments ??
http://www.michaelpiston.net/documents/m/changing%20employer%20after%20I-485%20is%20approved.pdf
After digging thro' forums it seems everyone talks about having the "intention" of staying with the Employer after GC.
Here's my question.
- Should the "intention" be on the day of filing 485 or the day you get GC ? (a date in future that no one can predict).
If the "intention" has to be at the time of 485 filing then, after 180 days of filing 485 one should be able to change employers, irrespective of the case being approved or NOT.
thoughts/comments ??
wallpaper MJ#39;s building a new house in
Blog Feeds
06-10 06:40 PM
H1B Visa Lawyer Blog Has Just Posted the Following:
The United States Citizenship and Immigration Service (USCIS) is seeking public comment on a proposed federal rule (http://www.federalregister.gov/OFRUpload/OFRData/2010-13991_PI.pdf) that would adjust most fees by 10% for immigration benefit applications and petitions.
USCIS is a fee-based organization with about 90% of its budget coming from fees paid by applicants and petitioners to obtain immigration benefits. The law requires USCIS to conduct fee reviews every two years to determine whether its costs to administer the nation�s immigration laws, process application, and provide the infrastructure needed to support those activities. A fee adjustment, as detailed in the proposed rule, is necessary to ensure that the USCIS recovers the cost of their operations while also meeting the application processing goals identified in the 2007 fee rule.
Members of the public are encouraged to submit comments and/or suggestions to USCIS.
Comments may be submitted through regulations.gov (http://www.regulations.gov/search/Regs/home.html#home). The comment period runs for 45 days, beginning June 11, 2010 and ending July 26, 2010.
Proposal to Adjust Fees for Immigration Benefits: Questions and Answers (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a36b3d5d65919210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
Proposal to Adjust Fees for Immigration Benefits: Fact Sheet (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=269d3d5d65919210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
Current and Proposed Immigration Fees can be found on the Fact Sheet provided above.
***All information has been taken from USCIS.GOV
More... (http://www.h1bvisalawyerblog.com/2010/06/news_release_uscis_seeks_publi.html)
The United States Citizenship and Immigration Service (USCIS) is seeking public comment on a proposed federal rule (http://www.federalregister.gov/OFRUpload/OFRData/2010-13991_PI.pdf) that would adjust most fees by 10% for immigration benefit applications and petitions.
USCIS is a fee-based organization with about 90% of its budget coming from fees paid by applicants and petitioners to obtain immigration benefits. The law requires USCIS to conduct fee reviews every two years to determine whether its costs to administer the nation�s immigration laws, process application, and provide the infrastructure needed to support those activities. A fee adjustment, as detailed in the proposed rule, is necessary to ensure that the USCIS recovers the cost of their operations while also meeting the application processing goals identified in the 2007 fee rule.
Members of the public are encouraged to submit comments and/or suggestions to USCIS.
Comments may be submitted through regulations.gov (http://www.regulations.gov/search/Regs/home.html#home). The comment period runs for 45 days, beginning June 11, 2010 and ending July 26, 2010.
Proposal to Adjust Fees for Immigration Benefits: Questions and Answers (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a36b3d5d65919210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
Proposal to Adjust Fees for Immigration Benefits: Fact Sheet (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=269d3d5d65919210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
Current and Proposed Immigration Fees can be found on the Fact Sheet provided above.
***All information has been taken from USCIS.GOV
More... (http://www.h1bvisalawyerblog.com/2010/06/news_release_uscis_seeks_publi.html)
deeru
04-02 01:11 PM
thank you
2011 mar Tiger+woods+new+house
sss9i
03-23 05:41 PM
Hi,Advise please!
1)I got H1B visa stamp until June 30,2007. Sampe company (Hospital), I got extension approval notice until July 30,2007 (i.e 30 days).
2) Hospital applied for New H1B (Change of employer) from July 31st,2007 until June 30,2010.
Can i go for stamping in June (OR) I have to wait for until July 30,2007.
Thank you.
1)I got H1B visa stamp until June 30,2007. Sampe company (Hospital), I got extension approval notice until July 30,2007 (i.e 30 days).
2) Hospital applied for New H1B (Change of employer) from July 31st,2007 until June 30,2010.
Can i go for stamping in June (OR) I have to wait for until July 30,2007.
Thank you.
more...
NH123
01-12 11:22 PM
I would also say use the EAD.BTW do you work for MA based Tech company as they are the only technology company i know who announced lay offs.
softcrowd
06-17 07:50 PM
I & My wife are working on H1-B visas currently. We two simulataneously started our Greencard process with our employers.
Both of us have a priority date of Sept 2006 & our EB category is Eb2. Both our labors got approved & applied for I-140s. My wife's I-140 got approved recently (from TSC) while Mine is still pending with NSC (Nebraska dates are behind).
A couple of months back, my current employer offered me a pre-aproved EB3 labor (from April 2004) & asked me to apply for I-140 (Substitute). He told me that once approved, I can port this EB3 2004 priority date onto my Eb2 I140. I applied for the same in premium processing, subsequently got an ability-to-Pay RFE and employer is working on providing audited financial statements from 2004.
Overall, we have 3 I-140s between me (2 pending) & my wife (1 Approved). Now that everything is current which one should we pick for applying I-485....This has become a big puzzle for us.
Here below is a snapshot of our status:
Me - EB2 (Sept 2006) - I-140 Pending
- EB3 (Apr 2004) - I-140 Pending (got RFE)
My wife - EB2 (Sept 2006) - I-140 Approved
Here are the options we could think of -
I know, the safest way is to apply I-485 to my wife's approved I-140. But with the DHS's forecast that retrogression is going to be back anytime around Spetember of this year, I am not sure if applying 485 based on a year 2006's date is any useful!! (We get EAD but we may be struck for years to get the green cards).
Is there an option for both of us to apply for I-485s (I will be dependent on my wife's application & my wife would be dependent on my application). If possible, this option gives us a safety net & also helps us in picking up the best. I know at some point, we have to choose between either of the I-485s but hopefully in a couple of months, we get clarity when both my I-140s are approved.
Or is it possible for me to apply for AOS on my pending EB2 2006 I-140 and then once my other Eb3 I-140 is also approved, Can I port the PDs while my I-485 is pending??
In essence, I am trying to find out a way to take advantage of 2004 Priority date I have (assuming Eb3 I-140 is approved).
Could you please help out, if you have any ideas!!
Both of us have a priority date of Sept 2006 & our EB category is Eb2. Both our labors got approved & applied for I-140s. My wife's I-140 got approved recently (from TSC) while Mine is still pending with NSC (Nebraska dates are behind).
A couple of months back, my current employer offered me a pre-aproved EB3 labor (from April 2004) & asked me to apply for I-140 (Substitute). He told me that once approved, I can port this EB3 2004 priority date onto my Eb2 I140. I applied for the same in premium processing, subsequently got an ability-to-Pay RFE and employer is working on providing audited financial statements from 2004.
Overall, we have 3 I-140s between me (2 pending) & my wife (1 Approved). Now that everything is current which one should we pick for applying I-485....This has become a big puzzle for us.
Here below is a snapshot of our status:
Me - EB2 (Sept 2006) - I-140 Pending
- EB3 (Apr 2004) - I-140 Pending (got RFE)
My wife - EB2 (Sept 2006) - I-140 Approved
Here are the options we could think of -
I know, the safest way is to apply I-485 to my wife's approved I-140. But with the DHS's forecast that retrogression is going to be back anytime around Spetember of this year, I am not sure if applying 485 based on a year 2006's date is any useful!! (We get EAD but we may be struck for years to get the green cards).
Is there an option for both of us to apply for I-485s (I will be dependent on my wife's application & my wife would be dependent on my application). If possible, this option gives us a safety net & also helps us in picking up the best. I know at some point, we have to choose between either of the I-485s but hopefully in a couple of months, we get clarity when both my I-140s are approved.
Or is it possible for me to apply for AOS on my pending EB2 2006 I-140 and then once my other Eb3 I-140 is also approved, Can I port the PDs while my I-485 is pending??
In essence, I am trying to find out a way to take advantage of 2004 Priority date I have (assuming Eb3 I-140 is approved).
Could you please help out, if you have any ideas!!
more...
pragir
07-19 10:30 PM
I am in the same boat. My wife 485 just got filed with me as dependent so I am holding off on sending mine in. I read that this is a very gray area, and at least fragomen claims that they have had cases in which both 485 applications were rejected because of this dual filing.
Check with a lawyer before you do anything.
Check with a lawyer before you do anything.
2010 New reports claim Elin
raja_san
05-20 12:00 PM
Thank you all for the reply and the information.
So, I can stay in US with H4 on my wife's H1 Visa and then Apply for fresh H1 after one year. Right?
Thanks.
So, I can stay in US with H4 on my wife's H1 Visa and then Apply for fresh H1 after one year. Right?
Thanks.
more...
drirshad
01-25 09:17 PM
All fees and other infor for EAD & AP renewal online
http://www.uscis.gov/portal/site/usc...00d1f1d6a1RCRD
http://www.uscis.gov/portal/site/usc...00d1f1d6a1RCRD
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djmaddy
07-30 03:59 AM
this one is very cool
Thanks a lot Dom, it took some time for me to find transparent layered maps of water to work with. Initially this was drawn with the orange falling down, but an even splash wasn't what i had in mind. So I had random splash, mostly one directional and then spinned the image to have gravity work as well-once again thanks
Thanks a lot Dom, it took some time for me to find transparent layered maps of water to work with. Initially this was drawn with the orange falling down, but an even splash wasn't what i had in mind. So I had random splash, mostly one directional and then spinned the image to have gravity work as well-once again thanks
more...
anandrajesh
09-07 09:48 AM
I don't intend to get a second H-1.. The second job that I want to do is just 3-5hrs a week and dont want any sponsorship for it.
U dont have an option. If you want 2 paid jobs, you need to have 2 H1s. I dont know of any exceptions to this rule.
U dont have an option. If you want 2 paid jobs, you need to have 2 H1s. I dont know of any exceptions to this rule.
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aim-high
03-24 04:32 PM
I am planning to apply for Schengen visa in an Italian consulate. I have an expired H1 but a valid AP. According to the italian consulate website, here is one of the visa requirements
"passport or travel document valid for at least three months after visa expiry date"
My passport is expiring in 2 years but my AP will be expiring in about 2 1/2 months from the Schengen visa expiry. Will I have an issue getting a visa ?
Do I have a workaround ?
Thanks
"passport or travel document valid for at least three months after visa expiry date"
My passport is expiring in 2 years but my AP will be expiring in about 2 1/2 months from the Schengen visa expiry. Will I have an issue getting a visa ?
Do I have a workaround ?
Thanks
more...
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sledge_hammer
08-07 02:50 PM
http://news.bbc.co.uk/2/hi/entertainment/6934653.stm
Pop star Lily Allen has had her US work visa cancelled after arriving at Los Angeles International Airport.
The 22-year-old, who is due to tour America in September, had flown in for the MTV Video Music Awards launch.
A spokesman for the singer said: "She's still in America. All her commitments will carry on as normal. The work visa will be sorted out by her next visit."
She was held at the airport for five hours in connection with an arrest for an alleged assault in London in June.
The arrest arose from an incident outside a London nightclub in March and resulted in a caution for common assault.
She flew into the US from Australia on Sunday to attend Tuesday's announcement of the award nominations in Las Vegas.
An MTV spokesperson has confirmed the star will still attend the awards show.
"Lily was questioned and her work visa was revoked," Allen's spokesman said. "She was detained for five hours but not strip searched. Understandably she was upset by it."
Allen will need a new work visa before she returns to the US on 6 September, when she is due to play in San Diego.
In a statement the singer said: "I am trying everything I can to sort this out.
"It is my intention to play my American dates in September. This depends on the authorities granting me a new work visa.
"I want my fans to know that I will do everything I can to be back in America in September. I don't like letting my fans down and this is a situation that I am sure we can sort."
Allen's previous stay in the US was cut short when she postponed 20 dates from her tour in May and June because she was "bored slightly" and wanted to get back to work in the studio.
Pop star Lily Allen has had her US work visa cancelled after arriving at Los Angeles International Airport.
The 22-year-old, who is due to tour America in September, had flown in for the MTV Video Music Awards launch.
A spokesman for the singer said: "She's still in America. All her commitments will carry on as normal. The work visa will be sorted out by her next visit."
She was held at the airport for five hours in connection with an arrest for an alleged assault in London in June.
The arrest arose from an incident outside a London nightclub in March and resulted in a caution for common assault.
She flew into the US from Australia on Sunday to attend Tuesday's announcement of the award nominations in Las Vegas.
An MTV spokesperson has confirmed the star will still attend the awards show.
"Lily was questioned and her work visa was revoked," Allen's spokesman said. "She was detained for five hours but not strip searched. Understandably she was upset by it."
Allen will need a new work visa before she returns to the US on 6 September, when she is due to play in San Diego.
In a statement the singer said: "I am trying everything I can to sort this out.
"It is my intention to play my American dates in September. This depends on the authorities granting me a new work visa.
"I want my fans to know that I will do everything I can to be back in America in September. I don't like letting my fans down and this is a situation that I am sure we can sort."
Allen's previous stay in the US was cut short when she postponed 20 dates from her tour in May and June because she was "bored slightly" and wanted to get back to work in the studio.
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mrdelhiite
10-19 01:38 PM
H1, H4 (spouse) and H4 (kid) living happily.
File 485 and gets EAD/AP.
H1 doesn't use EAD.
H4 uses EAD and hence looses H4 status.
I-485 is denied.
Now, my understanding is that spouse has to go out of country and come back again on H4.
What about the kid?
When does the kid loose his/her H4 status? (When both mother and father use EAD)?
As long as primary stays in H status any derivative who does not change his H4 status will stay in H4 status. the only way a H4 can loose H4 status if he/she uses EAD. In your case if i have understood it correctly ur Kid will never use EAD and if you never used EAD ur H1 status is active thus ur kids H4 is active .. also i think ur wife can change her status back to H4 but would require her to file some paperwork .. she might need to geta visa stamp when she tries to re-enter into us..
-M
File 485 and gets EAD/AP.
H1 doesn't use EAD.
H4 uses EAD and hence looses H4 status.
I-485 is denied.
Now, my understanding is that spouse has to go out of country and come back again on H4.
What about the kid?
When does the kid loose his/her H4 status? (When both mother and father use EAD)?
As long as primary stays in H status any derivative who does not change his H4 status will stay in H4 status. the only way a H4 can loose H4 status if he/she uses EAD. In your case if i have understood it correctly ur Kid will never use EAD and if you never used EAD ur H1 status is active thus ur kids H4 is active .. also i think ur wife can change her status back to H4 but would require her to file some paperwork .. she might need to geta visa stamp when she tries to re-enter into us..
-M
more...
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sab
11-01 07:44 PM
I am number 4.
Thanks for the info.
Thanks for the info.
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furiouspride
08-24 07:10 PM
Ok you have an H1 with an employer and you got another job offer in a different company through this employer? How is this possible?
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seaken75
10-12 03:38 AM
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wandmaker
11-04 01:11 PM
1) Does that require any additional fees?
There is no additional fee, all you need a compelling reason to expedite AP
2) How long does it take for AP to come thorugh after expedite
My friends mom was hospitalized, not life threatnening issue - he was able to obtain AP in a week. Onething to note, this was before July fiasco.
3) In three weeks time we are travelling to attend brothers marriage--> is this reason good enuf?
Brother's marriage is not a compelling reason to expedite your AP - One of the IV member could not make it to bro's marriage, please read http://immigrationvoice.org/forum/showthread.php?t=15101 , this can throw some lights.
4) Is there any harm or backfire due to trying to expedite through infopass
It will not bring you any harm, if you present the facts for your request. It applys to all your request, not only for AP.
5) filed 485\ap on July 02. recieved EAD and FP already done.
You are all set, all you need is AP to travel outside USA or you can trip, if you have a valid unexpired stamp on your passport.
There is no additional fee, all you need a compelling reason to expedite AP
2) How long does it take for AP to come thorugh after expedite
My friends mom was hospitalized, not life threatnening issue - he was able to obtain AP in a week. Onething to note, this was before July fiasco.
3) In three weeks time we are travelling to attend brothers marriage--> is this reason good enuf?
Brother's marriage is not a compelling reason to expedite your AP - One of the IV member could not make it to bro's marriage, please read http://immigrationvoice.org/forum/showthread.php?t=15101 , this can throw some lights.
4) Is there any harm or backfire due to trying to expedite through infopass
It will not bring you any harm, if you present the facts for your request. It applys to all your request, not only for AP.
5) filed 485\ap on July 02. recieved EAD and FP already done.
You are all set, all you need is AP to travel outside USA or you can trip, if you have a valid unexpired stamp on your passport.
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sw33t
07-30 12:07 PM
23 members and counting.
Have you signed up yet?
http://groups.yahoo.com/group/texasiv
Have you signed up yet?
http://groups.yahoo.com/group/texasiv
moonrah
10-16 09:51 AM
I received A#. You can contact your lawyer and ask them. I haven't filed yet.
Administrator2
11-08 09:12 PM
I've read the first two chapters of the book. The first chapter provides an excellent insight into the history of Immigration. Although we had some knowledge of how things progressed in recent past, this book provides is an extremely relevant and detailed true description of the events, the bills in 1990s, 2006 and 2007, and so on.
For those of us who care about our green cards and large debate surrounding the issues affecting us, you will find this book learning and worthy experience.
For those of us who care about our green cards and large debate surrounding the issues affecting us, you will find this book learning and worthy experience.
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