Ramba
09-16 01:20 PM
The GC is based on good faith intention to have a permanent long term employer-employee relationship between sponsor and beneficiary. There is no prescribed time period to define �permanent� or �long term� in any law book. Each lawyer has their own interpretation. As most of the GC is thro sponsors, the sponsors has more power. If sponsor can able to successfully demonstrate to USCIS that beneficiary had a bogus intension to have a permanent emeplyer-employemet relationship, used employer just to get GC, then it may be a problem that leads to revocation of GC too. This is mostly possible in future employment category peoples. If any one worked for long term with sponsor before (or after) getting GC, then it is difficult for sponsor to demonstrate to USCIS that beneficiary had a bogus intension to have a permanent emeplyer-employemet relationship. Further, as AC21 gives 180 days as a time period for changing employment, 6 month period (either before or after getting GC) may be sufficient to work for sponsor.
h1techSlave
04-16 10:18 AM
Your employer could be a behemoth and has ironclad policies. But if you discuss your concerns with the HR/immigration dept., you would be surprised to find out how much accommodating they might be.
I also work for a company which has very strict immigration policies. But we collectively discussed our issues with the management. And they are listening to our concerns and are changing their policies. As long as the changes are not affecting the company FINANCIALLY, many companies would bend even their ironclad policies.
Well, doing it on my own isn't a problem. It's just that my employer is a behemoth and has ironclad policies.
Having said that, filing fees for EAD extension are $340 and for AP $305 per applicant, right?
Now I'll try my best to get EAD/AP extended either by me or the employer but if that doesn't happen (say my employer says it's our policy for you not to do it on your own), will a gap in EAD/AP create problems?
Thanks.
Maverick_2008
I also work for a company which has very strict immigration policies. But we collectively discussed our issues with the management. And they are listening to our concerns and are changing their policies. As long as the changes are not affecting the company FINANCIALLY, many companies would bend even their ironclad policies.
Well, doing it on my own isn't a problem. It's just that my employer is a behemoth and has ironclad policies.
Having said that, filing fees for EAD extension are $340 and for AP $305 per applicant, right?
Now I'll try my best to get EAD/AP extended either by me or the employer but if that doesn't happen (say my employer says it's our policy for you not to do it on your own), will a gap in EAD/AP create problems?
Thanks.
Maverick_2008
alien2006
08-07 03:05 PM
Prevailing wage for EB2 as of latest information i have is $83,200
Hope this helps.
Okay that is so vague. Wages depend on the location of job, type of job, etc.
Hope this helps.
Okay that is so vague. Wages depend on the location of job, type of job, etc.
Hassan11
04-15 09:55 AM
I just gave you some green. Thanks
Paper filing is best. AP got approved in 40 days from NSC.
Paper filing is best. AP got approved in 40 days from NSC.
more...
kaisersose
04-16 10:00 AM
Well, doing it on my own isn't a problem. It's just that my employer is a behemoth and has ironclad policies.
Having said that, filing fees for EAD extension are $340 and for AP $305 per applicant, right?
Now I'll try my best to get EAD/AP extended either by me or the employer but if that doesn't happen (say my employer says it's our policy for you not to do it on your own), will a gap in EAD/AP create problems?
Thanks.
Maverick_2008
The gap by itself is not a problem. However, an abrupt termination or something similar can create trouble as applying for an EAD at that time and waiting for an approval will take months and cause a lot of stress. It can be painful enough to regret every morning the decision to not extend the EAD just to save $600.
If you do not have a copy of your 485 notice, then you cannot extend your EAD. But if you have it (you should), then it is your property and your employer has no say in this matter. Remember that the H-1b and 140 belong to the employer, but 485/EAD/AP are your own.
Having said that, filing fees for EAD extension are $340 and for AP $305 per applicant, right?
Now I'll try my best to get EAD/AP extended either by me or the employer but if that doesn't happen (say my employer says it's our policy for you not to do it on your own), will a gap in EAD/AP create problems?
Thanks.
Maverick_2008
The gap by itself is not a problem. However, an abrupt termination or something similar can create trouble as applying for an EAD at that time and waiting for an approval will take months and cause a lot of stress. It can be painful enough to regret every morning the decision to not extend the EAD just to save $600.
If you do not have a copy of your 485 notice, then you cannot extend your EAD. But if you have it (you should), then it is your property and your employer has no say in this matter. Remember that the H-1b and 140 belong to the employer, but 485/EAD/AP are your own.
blacktongue
10-04 01:15 PM
It was not supposed to be shown to Indians on IV
Did you not read on the page
[������ݴ���]EB3C����ֲ���DemandData(AoS&CP) - δ��ռ�(mitbbs.com) (http://www.mitbbs.com/article_t2/EB23/31236411.html)
BTW: Please do not let Indian know it :-)
Traitor.
Did you not read on the page
[������ݴ���]EB3C����ֲ���DemandData(AoS&CP) - δ��ռ�(mitbbs.com) (http://www.mitbbs.com/article_t2/EB23/31236411.html)
BTW: Please do not let Indian know it :-)
Traitor.
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EndlessWait
12-16 11:26 PM
What a lousy and pathetic system it is , the so called USCIS. I mean they want ppl to wait for a decade to follow all the rules legally to get GC.
And so is the congress/senate. It seems they are bent upon not giving GC, just dragging it from one recession to the other. :mad:
And so is the congress/senate. It seems they are bent upon not giving GC, just dragging it from one recession to the other. :mad:
invincibleasian
02-06 11:15 PM
My H1B and my wife's H4 visa were recently renewed for 3 additonal years. We also got new visas stamped in our passport valid for 3 years based on these H1B & H4 renewals.
Now I am planning to change jobs and will be applying for H1B transfer. My questions are:
- do I need to submit an application for transfer (new I797) for my wife's H4 visa
- can my wife travel out of US and then back into US on her current H4 visa while my H1B transfer application is being processed by INS.
Thank you
First there is no concept of H1 Transfer. Your new employer applies for a new H1. You will not be counted towards the quota. The h4 is a derivative of your H1 and will need to be applied along with your h1 visa. It is fraud to use the old visa if you no longer work for that company and USCIS is very strict. If you are caught you will sent back at the poe and your H1 and her H4 will be cancelled and you guys will be in trouble. You will hear a lot of cok and bull my friend stories about how ppl have gotten through. The systems at the poe are no longer as primitive as you think and any discrepancy will result in denial of entry into the us. Contact a lawyer before doing any thing related to immigration. Hope this helps.
Now I am planning to change jobs and will be applying for H1B transfer. My questions are:
- do I need to submit an application for transfer (new I797) for my wife's H4 visa
- can my wife travel out of US and then back into US on her current H4 visa while my H1B transfer application is being processed by INS.
Thank you
First there is no concept of H1 Transfer. Your new employer applies for a new H1. You will not be counted towards the quota. The h4 is a derivative of your H1 and will need to be applied along with your h1 visa. It is fraud to use the old visa if you no longer work for that company and USCIS is very strict. If you are caught you will sent back at the poe and your H1 and her H4 will be cancelled and you guys will be in trouble. You will hear a lot of cok and bull my friend stories about how ppl have gotten through. The systems at the poe are no longer as primitive as you think and any discrepancy will result in denial of entry into the us. Contact a lawyer before doing any thing related to immigration. Hope this helps.
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pdakwala
04-29 11:23 AM
Guys,
All your efforts are very very important. IV appreciate your efforts. Please keep up the good work.
To those who have become a member of IV and have not contributed, please contribute. You have already taken your first step to solve your problem by becoming IV member. One would become a member only if they believe in what IV is doing. Contributing $100 is not a big amount. So please move forward and contribute.
Once again thanks to everyone who have contributed more than once, and to those who are sending emails to their friends requesting them to make some contribution.
All your efforts are very very important. IV appreciate your efforts. Please keep up the good work.
To those who have become a member of IV and have not contributed, please contribute. You have already taken your first step to solve your problem by becoming IV member. One would become a member only if they believe in what IV is doing. Contributing $100 is not a big amount. So please move forward and contribute.
Once again thanks to everyone who have contributed more than once, and to those who are sending emails to their friends requesting them to make some contribution.
seekerofpeace
09-04 02:03 PM
Guys,
Thanks for the responses...My email as you see in the first message is neither "Welcome" nor a CPO.
So am I unique....unwelcomed approval.....strange...even in this there is no standard format or routine....
SoP
Thanks for the responses...My email as you see in the first message is neither "Welcome" nor a CPO.
So am I unique....unwelcomed approval.....strange...even in this there is no standard format or routine....
SoP
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miceelf88
10-09 05:22 PM
somehow double posted. My apologies
yagw
12-07 08:06 AM
My wife's EAD expires later this month. She doesn't intend to work; so does she need to renew her EAD? She doesn't have another status like h1 or h4. Will she be out of status when the EAD expires?
The bigger question is that I got my GC a few months ago; but she hasn't got hers. We had an interview at the local office; the officer said he's recommended approval of the 485 and we should get it soon. This happened 2 months ago and still we don't see the 485 approval. The officer also mentioned we could go to the local office any time and get a GC stamp in the passport. Is this true? Can we just take an infopass and get the stamp right away? Do they do that? I called the call center but they just say it's pending and they won't give me any information.
really appreciate your advice...
srini
For the status question, your wife doesn't need EAD. Pending I-485 or AOS is a valid status to stay in the US. That said, some states like CA doesn't take I-485 receipt notice as a valid document for issuing license. They asked for EAD. So if your wife needs to drive she may have to get EAD.
For your second question, I assume the PD is still current. If thats the case, I would suggest taking infopass and find out the status. If you didn't get any satisfactory info, contact your senator/congressperson , ombudsman, open an SR etc. Don't sit idle waiting for USCIS to act.
The bigger question is that I got my GC a few months ago; but she hasn't got hers. We had an interview at the local office; the officer said he's recommended approval of the 485 and we should get it soon. This happened 2 months ago and still we don't see the 485 approval. The officer also mentioned we could go to the local office any time and get a GC stamp in the passport. Is this true? Can we just take an infopass and get the stamp right away? Do they do that? I called the call center but they just say it's pending and they won't give me any information.
really appreciate your advice...
srini
For the status question, your wife doesn't need EAD. Pending I-485 or AOS is a valid status to stay in the US. That said, some states like CA doesn't take I-485 receipt notice as a valid document for issuing license. They asked for EAD. So if your wife needs to drive she may have to get EAD.
For your second question, I assume the PD is still current. If thats the case, I would suggest taking infopass and find out the status. If you didn't get any satisfactory info, contact your senator/congressperson , ombudsman, open an SR etc. Don't sit idle waiting for USCIS to act.
more...
resident1374
02-03 09:59 AM
Thank you for your help. I will definitely contact an attorney for my case. Hopefully, I will receive an approval without any hassle.
arsh007
10-05 09:48 AM
Arsh,
Good to know these info.
Could you please let me know what kind of visa/work permit you were on in Brussels? Is there a way to be a permanent resident there?
Thanks
I was on a "Belgium work permit" which had to be renewed each year and was linked to the employer just like the H1. The renewal process itself took a few weeks. Living and working for 5 years or more allows you to become a permanent resident (Please check again since this information is from 2000-2002 and rules may have changed since then). The Belgium work permit allows you to work in that country but you are free to travel across any EU country (France, Spain, Italy, Netherlands, Luxemborug, Germany etc).
Good to know these info.
Could you please let me know what kind of visa/work permit you were on in Brussels? Is there a way to be a permanent resident there?
Thanks
I was on a "Belgium work permit" which had to be renewed each year and was linked to the employer just like the H1. The renewal process itself took a few weeks. Living and working for 5 years or more allows you to become a permanent resident (Please check again since this information is from 2000-2002 and rules may have changed since then). The Belgium work permit allows you to work in that country but you are free to travel across any EU country (France, Spain, Italy, Netherlands, Luxemborug, Germany etc).
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wandmaker
10-23 10:15 AM
Thanks guys,
But I am still not 100% clear. I thought both of them have independent EAD statuses, but applying together is because of maritial status.
Is it not needed for wife's case to be independently handled.
You can have independent status of EAD, but your wife's EAD is based on her 485 and her 485 is based on your 485. If your 485 is denied, your EAD is invalid and you dont have any status. Eventually her 485 will also be denied based on your denial that will make her EAD invalid. Hope this helps! Basic rule! Until the 485 denial of individual application, individual EAD is valid
But I am still not 100% clear. I thought both of them have independent EAD statuses, but applying together is because of maritial status.
Is it not needed for wife's case to be independently handled.
You can have independent status of EAD, but your wife's EAD is based on her 485 and her 485 is based on your 485. If your 485 is denied, your EAD is invalid and you dont have any status. Eventually her 485 will also be denied based on your denial that will make her EAD invalid. Hope this helps! Basic rule! Until the 485 denial of individual application, individual EAD is valid
moonrah
07-23 11:32 AM
Yes that is correct.
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InTheMoment
08-12 06:16 PM
Even when NC is pending the actual EB1/2/3 GC is a regular 10 year validity (validity of the card) GC with no annotations/conditions.
How do you know that your 485 was approved even if NC was pending? Does your GC - physical card or the approval notice/emails - indicate that your approval is contingent on NC?
How do you know that your 485 was approved even if NC was pending? Does your GC - physical card or the approval notice/emails - indicate that your approval is contingent on NC?
BeCoolGuy
04-04 07:27 AM
https://efiling.uscis.dhs.gov/efile/ allows you to efile your applications. Not all can be efiled, but the EAD and AP can be! For sure.
Max you can do is 180 days in advance. It is unnecessary for the most part. But won't say it is not advised. Only some folks have experienced delays in getting their EADs on time, and such events, its always to be earlier than late in filing.
In terms of processing - and which one is better - i would assume e-file is slightly faster. Only difference is USCIS gets paid a lot faster. One may be required to do FPs in any case. It doesnt matter, if they need new fingerprints, they'll ask for it. After efiling, USCIS may still ask you to send supporting documents to their mailing address, along witha printout of the receipt of efiling. Other benefit of e-filing is, that you get your EAC (Receipt # stating that appln has been filed) right away. That is a huge benefit according to me, than anything else, for efiling. Other one is ofcourse, you dont pay to your lawyer for that processing fees.
Goodluck.
Max you can do is 180 days in advance. It is unnecessary for the most part. But won't say it is not advised. Only some folks have experienced delays in getting their EADs on time, and such events, its always to be earlier than late in filing.
In terms of processing - and which one is better - i would assume e-file is slightly faster. Only difference is USCIS gets paid a lot faster. One may be required to do FPs in any case. It doesnt matter, if they need new fingerprints, they'll ask for it. After efiling, USCIS may still ask you to send supporting documents to their mailing address, along witha printout of the receipt of efiling. Other benefit of e-filing is, that you get your EAC (Receipt # stating that appln has been filed) right away. That is a huge benefit according to me, than anything else, for efiling. Other one is ofcourse, you dont pay to your lawyer for that processing fees.
Goodluck.
qplearn
12-19 10:44 AM
I think the Sen.Cornyn's staff do not mind when we call. They like people that support their bill. We have to call just to maintain the momentum.
Sen.'s office in DC
517 Hart Senate Office Bldg.
Washington, DC 20510
Tel: 202-224-2934
Fax: 202-228-2856
Good to know that. Actually, I have never called his office! I am doing that right away...
Sen.'s office in DC
517 Hart Senate Office Bldg.
Washington, DC 20510
Tel: 202-224-2934
Fax: 202-228-2856
Good to know that. Actually, I have never called his office! I am doing that right away...
desi485
01-08 12:55 PM
My employer has not provided copy of labor or I-140.
I am not planning to use AC-21 as my employer and work profile is good. But say if there is some thing unplanned happens, and if I need to change jobs, what can I do?
not having copy of labor or I-140 is an issue for AC21?
I am not planning to use AC-21 as my employer and work profile is good. But say if there is some thing unplanned happens, and if I need to change jobs, what can I do?
not having copy of labor or I-140 is an issue for AC21?
omved
05-06 02:20 PM
Thanks every one for your valuable suggestions. Now I feel more confident replying for RFE..
Radhay..no they haven't asked for any pay stubs..
Radhay..no they haven't asked for any pay stubs..