desi3933
06-27 03:30 PM
Dr. William:
My I-485 application based on I-140 of NIW has been approved finally, after an RFE replying. Is there any requirement of how long I can change job after the I-485 approval?
--------------------------------------------------------------------------------
A:
According to USCIS previous requirement, a person is required to work for the sponsoring employer for at least one year after obtaining the Green Card. There may be a problem when you want to apply for U.S. citizenship later, if you leave the sponsoring employer in a short period of time after obtaining the Green Card.
The AC-21 rule does not clear the issue of a person who leaves its employer after the I-485 approval, but it is better to take a conservative way to reduce the potential risk later.
http://www.greencardapply.com/question/question04/question04_0519.htm
That was long time back and was changed in early 90s.
There is no requirement to work for 1 year.
Also, AC-21 allows to replace the GC employer to a new employer, but it does NOT change the intent to work for the employer after I-485 is approved.
I could not find a phone number on the site you mentioned.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
My I-485 application based on I-140 of NIW has been approved finally, after an RFE replying. Is there any requirement of how long I can change job after the I-485 approval?
--------------------------------------------------------------------------------
A:
According to USCIS previous requirement, a person is required to work for the sponsoring employer for at least one year after obtaining the Green Card. There may be a problem when you want to apply for U.S. citizenship later, if you leave the sponsoring employer in a short period of time after obtaining the Green Card.
The AC-21 rule does not clear the issue of a person who leaves its employer after the I-485 approval, but it is better to take a conservative way to reduce the potential risk later.
http://www.greencardapply.com/question/question04/question04_0519.htm
That was long time back and was changed in early 90s.
There is no requirement to work for 1 year.
Also, AC-21 allows to replace the GC employer to a new employer, but it does NOT change the intent to work for the employer after I-485 is approved.
I could not find a phone number on the site you mentioned.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
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desi3933
07-10 10:57 AM
Link to EB-1 case where I-140 was denied because job offered was not "permanent".
Link
http://www.uscis.gov/err/B3%20-%20Outstanding%20Professors%20and%20Researchers/Decisions_Issued_in_2004/MAR232004_01B3203.pdf
As per this document
Pursuant to regulations at 8 C.F.R. 9 204.5(i)(2), "permanent," in reference to a research position, means either tenured, tenure-track, or for a term of indefinite or unlimited duration, and in which the employee will ordinarily have an expectation of continued employment unless there is good cause for termination..
Link
http://www.uscis.gov/err/B3%20-%20Outstanding%20Professors%20and%20Researchers/Decisions_Issued_in_2004/MAR232004_01B3203.pdf
As per this document
Pursuant to regulations at 8 C.F.R. 9 204.5(i)(2), "permanent," in reference to a research position, means either tenured, tenure-track, or for a term of indefinite or unlimited duration, and in which the employee will ordinarily have an expectation of continued employment unless there is good cause for termination..
PDOCT05
08-27 01:21 PM
Send AOS,EAD apps on 2nd to NSC.
Signed by R.Williams on 3rd at 9:03 Am..no updateds yet.
Signed by R.Williams on 3rd at 9:03 Am..no updateds yet.
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trueguy
07-27 11:29 PM
Where the hell all these guys when EB3 is getting 80K to 100K of total 140K visas all these years and EB2 is getting just merely 10%-15%. Nobody from EB2 didn't felt jealous like this before. It is hard to digest for them now.
When EB3 was getting 100K visas in past, it wasn't EB3-I. It was all 265i applicants who took all those numbers and EB3-I was still getting only 3000 visas everyyear (except 2007 bcoz of Jul fiasco).
Thats why EB3-I is retrogressed so heavily.
When EB3 was getting 100K visas in past, it wasn't EB3-I. It was all 265i applicants who took all those numbers and EB3-I was still getting only 3000 visas everyyear (except 2007 bcoz of Jul fiasco).
Thats why EB3-I is retrogressed so heavily.
more...
saravanaraj.sathya
08-01 01:48 PM
I ve just filed my I-140 in Texas. I-485 applied in NSC...still waiting on the receipts..it seems to be a long wait....
psk79
08-25 07:06 AM
I guess we saw some receipts for folks with TSC I140's in the forums. Hope they will be coming iwth more this week...........
more...
jonty_11
07-05 06:29 PM
dont give ur return address..jack Bauer may be on ur trail.
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rdehar
10-08 02:48 PM
This should be #1 priority of IV.
People have been waiting for their GCs since 2001, 2002 or 2003. My PD is 2004, and I absolutely want everyone with PD before me to get GC before me.
People who are opposing this idea are used to cutting lines -- most of them look like '06 and '07 wannabes ...
People have been waiting for their GCs since 2001, 2002 or 2003. My PD is 2004, and I absolutely want everyone with PD before me to get GC before me.
People who are opposing this idea are used to cutting lines -- most of them look like '06 and '07 wannabes ...
more...
amitjoey
11-19 12:43 PM
JUST 34 members online
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mariner5555
04-30 03:41 PM
I can tell you there are roughly 100,000 labor applications filed (50,000 EB3) between Aug 2003 and Dec 2003 for EB India category. The reason was everybody wanted to clear thru regular process before PERM takes over. Those Labors filed after Aug 2003 and before PERM started are moved into backlog and are fully cleary last 4 th quarter. And so 90% of those EB3s may be still there (45,000) hanging. EB2s could have been cleared substantially till Dec 2003. It is all my guess work and not sceintific or factual. also ..this looks very inaccurate ..because I know lot of indians who got H1 during the peak (when h1 was 195k) have gone back. i.e either they got better oppurtunities back home or just went back as they were not getting jobs. I did stay in one of the guest house which had lots of consultants ..none of them are here anymore !!
more...
joeshmoe
06-05 10:11 AM
Is there premium for I485?
I am not a lawyer but as far as I know there is no Premium for 485. They mentioned they will want to do it at some point in the future but it is not yet available for this application.
I am not a lawyer but as far as I know there is no Premium for 485. They mentioned they will want to do it at some point in the future but it is not yet available for this application.
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h1bmajdoor
07-08 05:04 PM
Madam Rice is trying to divert the issue by telling skilled professional from all over the world wants to come here....This is not the issue.....
they want you here. Then they want to keep you in the trap to pay you way less than the market, and ruin your career (no promotions, no career change, nothing - just keep hacking away at the computer, and the boss takes the credit/money).
That is the way slavery started in USA. From a practice called indentured labour.
they want you here. Then they want to keep you in the trap to pay you way less than the market, and ruin your career (no promotions, no career change, nothing - just keep hacking away at the computer, and the boss takes the credit/money).
That is the way slavery started in USA. From a practice called indentured labour.
more...
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abracadabra
07-07 11:06 PM
Anything less then 50,000 is not acceptable, If people are very hurted by this fiasco, they need to step, one polish women filed the law suit, we are still here discussion here, including me.
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qplearn
10-05 12:01 PM
Can you definesensible people.
I think that what they want is the Hispanic vote taken away from the Republicans. They are a bunch of crooks. Sen Kennedy said: Anybody jumping the fence now should get a greencard.
What abot the legal ones tha t habe been here 5+ years waiting for a GC.
Sensible people are those who don't get carried away by emotions. I know that is a very subjective definition :) but I tried.
Let's not call the Dems any names here. I would urge the super-mod to delete derogatory references to any party.
I think that what they want is the Hispanic vote taken away from the Republicans. They are a bunch of crooks. Sen Kennedy said: Anybody jumping the fence now should get a greencard.
What abot the legal ones tha t habe been here 5+ years waiting for a GC.
Sensible people are those who don't get carried away by emotions. I know that is a very subjective definition :) but I tried.
Let's not call the Dems any names here. I would urge the super-mod to delete derogatory references to any party.
more...
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webm
11-21 08:53 AM
Hi Mehul,
I pray for you and your family..Hope your 485 thing for your wife gets resolved..
Believe in life!!
I pray for you and your family..Hope your 485 thing for your wife gets resolved..
Believe in life!!
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gc_check
07-02 09:01 AM
On AILA site...
"Just Posted -
Follow-up to Update on July Visa Availability"
Does anyone have quick access through their attorney to check what it says?
Its the old link.... No updates yet
"Just Posted -
Follow-up to Update on July Visa Availability"
Does anyone have quick access through their attorney to check what it says?
Its the old link.... No updates yet
more...
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desi3933
06-23 10:49 AM
I think -- may be.. it will make some difference.
on uscis site: contact us: I got this email address.
uscis.webmaster@dhs.gov.
I sent an email saying that - for Employment Based immigrations the employers are not willing to given the required document like employment letter, as they fear the employee may leave using AC21 after 6 months. This puts the applicant helpless after waiting for so may years and when the dates are current. Can USCIS do something about this? The only thing what most applicants have paystubs to prove the continuous employment.
It will make a different if USCIS receives emails like this... in thousands?
Please note that it is employer's choice to continue GC processing or not. By not giving future open job offer letter, they may not be doing anything legally wrong. It is employer's choice to continue with GC or not. remember, Employer can cancel or revoke I-140 ANYTIME until I-485 is approved.
Employee is just a beneficiary and can not claim right to file I-485 just because I-140 is approved or pending.
Just my 2 cents.
Not a legal advice.
on uscis site: contact us: I got this email address.
uscis.webmaster@dhs.gov.
I sent an email saying that - for Employment Based immigrations the employers are not willing to given the required document like employment letter, as they fear the employee may leave using AC21 after 6 months. This puts the applicant helpless after waiting for so may years and when the dates are current. Can USCIS do something about this? The only thing what most applicants have paystubs to prove the continuous employment.
It will make a different if USCIS receives emails like this... in thousands?
Please note that it is employer's choice to continue GC processing or not. By not giving future open job offer letter, they may not be doing anything legally wrong. It is employer's choice to continue with GC or not. remember, Employer can cancel or revoke I-140 ANYTIME until I-485 is approved.
Employee is just a beneficiary and can not claim right to file I-485 just because I-140 is approved or pending.
Just my 2 cents.
Not a legal advice.
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roseball
09-10 10:09 AM
I don't know what this means. This is what it say in the Mumbai website.
Category India Most Other Countries
F1 22 July 2003 22 July 2003
FX 1 March 2003 1 March 2003
F2A 1 June 2005 1 June 2005
F2B 22 August 2001 22 August 2001
F3 15 Janurary 2001 15 Janurary 2001
F4 15 April 1999 15 April 1999
E1 Current Current
E2 22 January 2005 Current
E3 22 February 2002 1 June 2002
EW 1 June 2001 1 June 2001
E4 Current Current
E4-Religious Current Current
Either the US Consulate got the EB-3 India date wrong or there was a typo in the Oct Visa Bulletin. I wish/hope there was a typo in the bulletin and Mumbai consulate got it right....Cut Off Dates- Consulate General of the United States Mumbai, India (http://mumbai.usconsulate.gov/cut_off_dates.html)..But it seems they might have copied the date from China column of the visa bulletin...
Category India Most Other Countries
F1 22 July 2003 22 July 2003
FX 1 March 2003 1 March 2003
F2A 1 June 2005 1 June 2005
F2B 22 August 2001 22 August 2001
F3 15 Janurary 2001 15 Janurary 2001
F4 15 April 1999 15 April 1999
E1 Current Current
E2 22 January 2005 Current
E3 22 February 2002 1 June 2002
EW 1 June 2001 1 June 2001
E4 Current Current
E4-Religious Current Current
Either the US Consulate got the EB-3 India date wrong or there was a typo in the Oct Visa Bulletin. I wish/hope there was a typo in the bulletin and Mumbai consulate got it right....Cut Off Dates- Consulate General of the United States Mumbai, India (http://mumbai.usconsulate.gov/cut_off_dates.html)..But it seems they might have copied the date from China column of the visa bulletin...
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delhiguy
07-08 05:25 PM
she can say whatever. the courts have to agree.
if she says that constitutional protections don't apply to non-citizens, they are essentially reinstating slavery.
not that the constitution was against slavery.
H1B is a non immigrant visa, and we dont have the full constitutional rights, for eq we dont have the right to vote.
Legally we are not immigrants, that is the worst mistake( calling ourselves immigrants) ,being done by us,
If USCIS denies GC for security reasons, you cant sue them.
if she says that constitutional protections don't apply to non-citizens, they are essentially reinstating slavery.
not that the constitution was against slavery.
H1B is a non immigrant visa, and we dont have the full constitutional rights, for eq we dont have the right to vote.
Legally we are not immigrants, that is the worst mistake( calling ourselves immigrants) ,being done by us,
If USCIS denies GC for security reasons, you cant sue them.
diptam
08-18 01:41 PM
Dividing IV on the Lines on EB2 or EB3 or on basis of ROW/India is something i just dont like. United we stand !!!!!! .
I saw couple of threads earlier from you which talks against porting of EB3 to EB2 - i believe you had some lawsuit idea there for not allowing BS+5 to port to EB2 which is think i highly divisive and unfair on certain peoples
Lets come up with ideas without stepping on each others shoe and i'm 100% willing to join.
Here is what I propose:
1. Any one with good english language skill : Can you please volunteer to draft a letter stating the issue....
2. Please contact your lawyers to see if they have contact in AILA.
3. Please contact you state chapter leader to discuss what can be done from IV stand point. I live in tri state and will contact. Murali or Chandrakanth
I saw couple of threads earlier from you which talks against porting of EB3 to EB2 - i believe you had some lawsuit idea there for not allowing BS+5 to port to EB2 which is think i highly divisive and unfair on certain peoples
Lets come up with ideas without stepping on each others shoe and i'm 100% willing to join.
Here is what I propose:
1. Any one with good english language skill : Can you please volunteer to draft a letter stating the issue....
2. Please contact your lawyers to see if they have contact in AILA.
3. Please contact you state chapter leader to discuss what can be done from IV stand point. I live in tri state and will contact. Murali or Chandrakanth
eb3_nepa
07-06 09:44 AM
DEAD FISH DEAD FISH!! :p
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