gc28262
07-15 05:43 PM
This memo was discussed extensively on this forum in the past and many lawyers have given their opinion.
Summary: You don't need to worry. As long as you are on AOS, you are authorized to stay in the country irrespective of your I-94 expiry date.
Here is the memo
http://www.uscis.gov/files/nativedocuments/revision_redesign_AFM.PDF
Here is what Ron Gotcher said:
I don't care what the non-binding policy memo says, it can't trump a duly promulgated regulation. Indeed, I don't think that they were trying to do that. The problem stems from the fact that the policy memo is a lot of inarticulate babble and is very hard to decipher. In any case, it is a memo, not a statute or a regulation and it must bow in the face of a regulation with contradictory information.
Here is another link:
http://immigrationvoice.org/forum/506251-post13.html
Summary: You don't need to worry. As long as you are on AOS, you are authorized to stay in the country irrespective of your I-94 expiry date.
Here is the memo
http://www.uscis.gov/files/nativedocuments/revision_redesign_AFM.PDF
Here is what Ron Gotcher said:
I don't care what the non-binding policy memo says, it can't trump a duly promulgated regulation. Indeed, I don't think that they were trying to do that. The problem stems from the fact that the policy memo is a lot of inarticulate babble and is very hard to decipher. In any case, it is a memo, not a statute or a regulation and it must bow in the face of a regulation with contradictory information.
Here is another link:
http://immigrationvoice.org/forum/506251-post13.html
willigetgc?
07-06 10:32 AM
Recently I started looking other options in India, Britain, Canada and Australia.
Here is what I found just in last 1 week.
Britain puts new cap on non-European high skilled immigration
United Kingdom, Immigration, Coalition Government Announces Temporary Migration Cap - Newland Chase - 30/06/2010, Government & Public Sector, Labour and Employment, Immigration (http://www.mondaq.com/article.asp?articleid=104198)
Non-EU immigration to the UK: the statistics visualised | UK news | guardian.co.uk (http://www.guardian.co.uk/news/datablog/2010/jun/26/non-eu-immigration-uk-statistics#zoomed-picture)
The federal government is seeking a limit on the total number of applications for Canada immigration to 20,000 annually
Canada to welcome high skilled and wealthy immigrants | Canada Updates (http://www.canadaupdates.com/content/canada-welcome-high-skilled-and-wealthy-immigrants)
Australia announced new visa ruler to target Indians
New visa rules not targeting Indians: Oz envoy - World News - IBNLive (http://ibnlive.in.com/news/new-visa-rules-not-targeting-indians-oz-envoy/125603-2.html)
This may be the result of global economic slowdown. But China and India are allowing more immigration. Now high skill immigration is a new measure of future economic growth.
It is true that US is a far better country for immigrants - it is a lot easier to assimilate in here than anywhere else in the world. US not fixing its immigration system will only make the brightest stay in the home country!!
Cannot fault them either for staying, who wants to be stuck in the gc system with no end in sight?
Here is what I found just in last 1 week.
Britain puts new cap on non-European high skilled immigration
United Kingdom, Immigration, Coalition Government Announces Temporary Migration Cap - Newland Chase - 30/06/2010, Government & Public Sector, Labour and Employment, Immigration (http://www.mondaq.com/article.asp?articleid=104198)
Non-EU immigration to the UK: the statistics visualised | UK news | guardian.co.uk (http://www.guardian.co.uk/news/datablog/2010/jun/26/non-eu-immigration-uk-statistics#zoomed-picture)
The federal government is seeking a limit on the total number of applications for Canada immigration to 20,000 annually
Canada to welcome high skilled and wealthy immigrants | Canada Updates (http://www.canadaupdates.com/content/canada-welcome-high-skilled-and-wealthy-immigrants)
Australia announced new visa ruler to target Indians
New visa rules not targeting Indians: Oz envoy - World News - IBNLive (http://ibnlive.in.com/news/new-visa-rules-not-targeting-indians-oz-envoy/125603-2.html)
This may be the result of global economic slowdown. But China and India are allowing more immigration. Now high skill immigration is a new measure of future economic growth.
It is true that US is a far better country for immigrants - it is a lot easier to assimilate in here than anywhere else in the world. US not fixing its immigration system will only make the brightest stay in the home country!!
Cannot fault them either for staying, who wants to be stuck in the gc system with no end in sight?
CHHAYA
04-19 10:14 AM
My PD is now current and I'll be filing 5/1
PD 5/03 EB3 ROW
Thank goodness as I was honestly losing all hope after starting my 8th year in the US. Best wishes to big movements for others from India/China etc.
MINE PD IS ALSO 5/03. R U SURE THAT WE CAN FILE NOW? WHAT IS CURRENT PD FOR INDIA NOW?
THANKS
CHHAYA
PD 5/03 EB3 ROW
Thank goodness as I was honestly losing all hope after starting my 8th year in the US. Best wishes to big movements for others from India/China etc.
MINE PD IS ALSO 5/03. R U SURE THAT WE CAN FILE NOW? WHAT IS CURRENT PD FOR INDIA NOW?
THANKS
CHHAYA
SGP
12-11 04:09 PM
Is upgrading to premium actually an upgrade of the existing case or is it just a new application filed under premium?
Upgrading to Premium is actually an upgrade of existing case. It is NOT a new application. You have to pay the premium processing fees though. It feels like being back home, asking to push the file up. You know what I am trying to say.
Upgrading to Premium is actually an upgrade of existing case. It is NOT a new application. You have to pay the premium processing fees though. It feels like being back home, asking to push the file up. You know what I am trying to say.
more...
alterego
01-03 12:28 AM
Pending AOS or 485 is a type of legal status. It also allows you to apply for additional work and travel privileges as long as the underlying 485 remains pending. If you choose not to avail yourself of those benefits that that is up to you. You would end up in trouble only if you violate that by then working or travelling (absent the USCIS permission through EAD or AP). As long as you just sit there and especially if you are a derivative beneficiary, there is no problem.
That said, many people choose to get EAD/AP in hand in case an employment opportunity or an emergency need for travel comes up. Remember an EAD/AP application may take up to 3mths to get approved.
That said, many people choose to get EAD/AP in hand in case an employment opportunity or an emergency need for travel comes up. Remember an EAD/AP application may take up to 3mths to get approved.
dwhuser
06-15 01:02 PM
My husband is the primary applicant for our GC application and he's on bench since Feb 2009. We have valid EAD and AP's. We are planning to travel using our AP for a 3 week visit to India. He still has a valid H1B, since his payroll is not running for the last 4 months his employer suggested him to move into his EAS status. When we asked the attorney if we need to apply somewhere to move to EAD status from H1B he said we donot need to.
Our question....Is it sensible to travel on AP him being unemployed?
Our question....Is it sensible to travel on AP him being unemployed?
more...
jonty_11
02-05 02:27 PM
This is NOT labor substitution - but another proposed rule that would invalidate any labor certs taht were not followed up with a I-140 within 45 days.
Can we also port the PD if second I-140 is already approved, and file I-485 while using old PD?
Can we also port the PD if second I-140 is already approved, and file I-485 while using old PD?
ilikekilo
04-17 04:11 PM
bbct & vin13,
Thanks for all your feedback.
I explored civil surgeon in India option. Didnt work out. Panel physicians in India do medicals for FB AOS. Civil surgeons in US do medicals for EB AOS.
It can not be interchanged since the forms and procedures are different.
Everyone I asked say gambling against USCIS is like playing with fire. I don't want to jeopardize my wife's pending I-485.
We should have done her TB test before trip. That is a mistake I did and now paying a price. Another Lesson learned!
-GCisaDawg
Sorry looks like it didnt work out for you..
Thanks for all your feedback.
I explored civil surgeon in India option. Didnt work out. Panel physicians in India do medicals for FB AOS. Civil surgeons in US do medicals for EB AOS.
It can not be interchanged since the forms and procedures are different.
Everyone I asked say gambling against USCIS is like playing with fire. I don't want to jeopardize my wife's pending I-485.
We should have done her TB test before trip. That is a mistake I did and now paying a price. Another Lesson learned!
-GCisaDawg
Sorry looks like it didnt work out for you..
more...
jsb
03-25 02:45 PM
If you have all the PERM case numbers with you then you should be able to find your PD in this link
http://www.flcdatacenter.com/CasePerm.aspx and
It is interesting that you can find company names and sponsored people in this database. With job titles you can even guess who they are. I found mine, my job title being so specific.
Although employer owns I-140, it also relates to the person being sponsored. So, it should be possible to get a copy from Company A and B.
http://www.flcdatacenter.com/CasePerm.aspx and
It is interesting that you can find company names and sponsored people in this database. With job titles you can even guess who they are. I found mine, my job title being so specific.
Although employer owns I-140, it also relates to the person being sponsored. So, it should be possible to get a copy from Company A and B.
gcformeornot
02-01 08:55 AM
Hi,
I came to US on h1b in 2007.
I got my labor substituted in 2007 in EB3. My priority date is December 2004.
I got my 140 approved in january 2008. Its been 2 yrs since.
I dont have EAD.
I dont know when the date will be current. But the problem is,
My client wants me to join their company. Can I leave my current company and still maintain my priority date. Do h1b companies normally cancel the i140 if employees leave.
if i join the new company I am planning to start GC in EB2 again. Is it wise to do so. Can I port my Priority date. Or should I stick onto my existing employer.
How much time its taking now a days to get the Labor and 140 in EB2.
ANy help and advice in this regards will be very much appreciated
ak
so you came to US in 2007 and u substituted labor with PD 2004. how much did you pay for this?
I came to US on h1b in 2007.
I got my labor substituted in 2007 in EB3. My priority date is December 2004.
I got my 140 approved in january 2008. Its been 2 yrs since.
I dont have EAD.
I dont know when the date will be current. But the problem is,
My client wants me to join their company. Can I leave my current company and still maintain my priority date. Do h1b companies normally cancel the i140 if employees leave.
if i join the new company I am planning to start GC in EB2 again. Is it wise to do so. Can I port my Priority date. Or should I stick onto my existing employer.
How much time its taking now a days to get the Labor and 140 in EB2.
ANy help and advice in this regards will be very much appreciated
ak
so you came to US in 2007 and u substituted labor with PD 2004. how much did you pay for this?
more...
Michael chertoff
08-07 09:12 AM
Only one so far.. i hope next month there will be big forward movement.:)
nousername
10-12 07:09 PM
She can absolutely come and work on a H1, provided she has a hospital to process her paperwork.
To best of my understand Nurses are still welcomed in the US. She just needs to find a job with a hospital which is willing to apply for H1B.
My sister is currently working abroad as a Nurse and is looking to work in US. I have done some asking around and figured that Nurses are not welcomed in US as they used to be.
My question is: Is it possible for my sister to come and work in the country on an H1 visa, since she cannot come in with GC anyways. If yes, how do I explore this avenue.
I am raising this query through IV forum to get more clarity on her options. I am being told that there are specialist nurses who are coming in, on H1 to US. Only I can't validate it with anyone.
Any help would be appreciated as always.
Look forward to hearing from you all..
To best of my understand Nurses are still welcomed in the US. She just needs to find a job with a hospital which is willing to apply for H1B.
My sister is currently working abroad as a Nurse and is looking to work in US. I have done some asking around and figured that Nurses are not welcomed in US as they used to be.
My question is: Is it possible for my sister to come and work in the country on an H1 visa, since she cannot come in with GC anyways. If yes, how do I explore this avenue.
I am raising this query through IV forum to get more clarity on her options. I am being told that there are specialist nurses who are coming in, on H1 to US. Only I can't validate it with anyone.
Any help would be appreciated as always.
Look forward to hearing from you all..
more...
dhesha
08-20 07:08 PM
Just curious any July 2nd filler , filled at NSC with an approved I-140 and have PD earlier than 1/1/06 still waiting?
yes I am. Dec 2005, NSC, I-140 Approved -- waiting....
yes I am. Dec 2005, NSC, I-140 Approved -- waiting....
chalamurariusa
04-28 10:08 AM
Sorry to be posting on this thread I am new to this and I genuinely tried to look to post a new thread but in vain.
We applied for our GC in aug 2007. Recd a RFE for I 693 Skin test for TB on april 16th 2009. We still hv to reply to the RFE.My elder son is over 21 and is on AOS and today on the online status we saw a message.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Document mailed to applicant.
On April 22, 2009 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.
He too had recd the RFE for TB skin test. We are really worried as to what cld this mean. Has anyone ever recd a message like this. Please someone advise as to what it cld be
We applied for our GC in aug 2007. Recd a RFE for I 693 Skin test for TB on april 16th 2009. We still hv to reply to the RFE.My elder son is over 21 and is on AOS and today on the online status we saw a message.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Document mailed to applicant.
On April 22, 2009 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.
He too had recd the RFE for TB skin test. We are really worried as to what cld this mean. Has anyone ever recd a message like this. Please someone advise as to what it cld be
more...
GC_Green9
03-28 01:17 PM
if say 50% of people in EB-2 quota do possess Master degree, do you think after STEM - the pressure on EB-2 visas will drastically reduced such that EB-2 will be current for all the countries??
Almond
07-17 07:53 PM
ALMOND if i keep on asking you what is your name every single day , will you have patience to tell your name every single day !!! i understand your argument but as the so called "Highly Skilled" we need to be doing some research in background and not treat this forum as a paid service.
Yes, yes, every single day, absolutely!! I promise. You know why? because if YOU ask me what my name is every day then you obviously have a bit of a mental problem (either slow in the brain or just forgetful as many of us are) so why shouldn't I help you , it's not your fault for being that way, I'm not better than you, why shouldn't I help you? Now, if different people come and ask me for my name then I will know they were not around when you asked me for it so they didn't hear it. You have a ton of new people who just found this place or are just registering. Not everyone on here is desi and not all desis are computer people and not everyone thinks forum/search forum/search google/then post like you and not everyone has your awesome computer skills. yes, knowing your way around the internetz is almost universal in this day and age but not many can do a successful search (trust me, you'd be surprised) You have to be patient. Would your ghandi be this way? We're your people. Different nationality, same situation. Be patient. It's good karma and you need it, considering you're here.
Yes, yes, every single day, absolutely!! I promise. You know why? because if YOU ask me what my name is every day then you obviously have a bit of a mental problem (either slow in the brain or just forgetful as many of us are) so why shouldn't I help you , it's not your fault for being that way, I'm not better than you, why shouldn't I help you? Now, if different people come and ask me for my name then I will know they were not around when you asked me for it so they didn't hear it. You have a ton of new people who just found this place or are just registering. Not everyone on here is desi and not all desis are computer people and not everyone thinks forum/search forum/search google/then post like you and not everyone has your awesome computer skills. yes, knowing your way around the internetz is almost universal in this day and age but not many can do a successful search (trust me, you'd be surprised) You have to be patient. Would your ghandi be this way? We're your people. Different nationality, same situation. Be patient. It's good karma and you need it, considering you're here.
more...
sroyc
07-11 05:40 PM
You have an immaculate sense of timing! Had they processed your application a week late - you would have received only one year EAD card. No wonder you are called Saint :)!
His PD is July 2006. He would have gotten the 2 year EAD either way. EB2 India is June 01 2006.
His PD is July 2006. He would have gotten the 2 year EAD either way. EB2 India is June 01 2006.
HRPRO
02-10 09:31 AM
Do you have a legal reference for the > 50 miles rule ? In my case it is just 10 miles (moved from one town to next town). So I guess I am fine ?
Krish,
it is not all black and white, if your previous LCA covers the new work location, you should be fine, else a new LCA is required.
HRPRO
Krish,
it is not all black and white, if your previous LCA covers the new work location, you should be fine, else a new LCA is required.
HRPRO
dpp
08-18 12:09 PM
that was expected. 300K * 1.7(average family size according to USCIS) = Approx. 500K
They clearly said estimated 300K received. This 300K estimate includes all I-485 petitions, do not confuse and speculate incorrect info.
They clearly said estimated 300K received. This 300K estimate includes all I-485 petitions, do not confuse and speculate incorrect info.
chanduv23
09-09 10:35 AM
I agree that TANA & ATA are big organizations. But their focus is entertainment. And I heard that there is a lot of corruption. There are some allegations that people spend lot of money to become the president(or some other highest post). Who ever is competing for the highest post, they spend lot of money towards new membership program. they register all new members and ask them to vote for them. This happens just before the elections for the post. I do not think, people spend hundreds of thousands of dollars for new member registration with out expecting some thing back. Probably, there may be lot of corruption involved. I do not think, it is good idea of joining such kind of organizations. More over, there may be more organizations for each indian language in USA. Are we going to attach with all of them?
This is my opinion. If you do not like, you can remove it.
I agree. All these organizations are like that. A good example on how fraudulent trustees iof temples might be check this http://in.rediff.com/us/2001/aug/04us2.htm - this is about tax fraud at Flushing Ganesh temple
This is my opinion. If you do not like, you can remove it.
I agree. All these organizations are like that. A good example on how fraudulent trustees iof temples might be check this http://in.rediff.com/us/2001/aug/04us2.htm - this is about tax fraud at Flushing Ganesh temple
chi_shark
10-06 05:23 PM
i am going to do almost exactly what you are thinking in a matter of few days. i spoke to two lawyers. essentially, ac21 allows this and there is nothing that you have to really do. Of course, i am assuming that you are moving into a job that has the similar job duties as specified in your labor application. what you need to do is make 100% sure that you have documentation to prove this job duties similarity. if you are going to get an SOW from your client, make sure that the SOW is similar to your labor. if you can, do get a letter from your client (where you will do your actual work) stating your job responsibilities, work content etc. you will also need to document/prove actual existence of your business by showing your tax transactions, invoices/receipts etc. also, make sure that you are spending 40 hours (or whatever is the equivalent of a full time job) doing your labor certified job... all this will be required only if USCIS sends you an RFE or calls you for an interview.
wish you luck
I am working for a Fortune 500 company on H1 visa. I am switching to a startup and will now be using my EAD( GC status: I-485 with more than 180 days). I have the following questions.
1. Can I join as an individual contractor by myself directly with the company without going thru a 3rd party vendor?
2. I am offered a temporary contract position at an hourly rate every 15 days without deducting any taxes. I will have to pay my taxes at the end of the year by myself using the form sent by the employer. Does anyone have any such experience?
3. What formalities do I need to complete with the USCIS regarding this change in my status? Will it affect my green card process in any way?
I will really appreciate your help.
Thanks for the support.
wish you luck
I am working for a Fortune 500 company on H1 visa. I am switching to a startup and will now be using my EAD( GC status: I-485 with more than 180 days). I have the following questions.
1. Can I join as an individual contractor by myself directly with the company without going thru a 3rd party vendor?
2. I am offered a temporary contract position at an hourly rate every 15 days without deducting any taxes. I will have to pay my taxes at the end of the year by myself using the form sent by the employer. Does anyone have any such experience?
3. What formalities do I need to complete with the USCIS regarding this change in my status? Will it affect my green card process in any way?
I will really appreciate your help.
Thanks for the support.
