coopheal
04-23 12:16 AM
I see no reason why you cant move to permanent offer.
I am a passive reader of this forum for a long time and greatly respect knowledge and helpful attitude here,
I received the RFE on 485 for both myself and my wife. Currently we have only received the the email and notice will be sent to my lawyer
Details:
Company:A for Programmer/Analyst: and 140 is approved.
I was jobless for 3 weeks from Mid March and since then I have joined a decent consulting firm on EAD.
Now I have PERMANANT offer as s/w Dev with a big company in that I was planning to start from 5/4/2009, they are aware of the fact that they may have to give letter in support of my pending GC.
I am confused as to what should be my next steps:
Can I still join them?
What is the less risky option?
Keep working with current company? (I haven't informed them of pending offer)
I very much appreciate any help you can provide.
I am a passive reader of this forum for a long time and greatly respect knowledge and helpful attitude here,
I received the RFE on 485 for both myself and my wife. Currently we have only received the the email and notice will be sent to my lawyer
Details:
Company:A for Programmer/Analyst: and 140 is approved.
I was jobless for 3 weeks from Mid March and since then I have joined a decent consulting firm on EAD.
Now I have PERMANANT offer as s/w Dev with a big company in that I was planning to start from 5/4/2009, they are aware of the fact that they may have to give letter in support of my pending GC.
I am confused as to what should be my next steps:
Can I still join them?
What is the less risky option?
Keep working with current company? (I haven't informed them of pending offer)
I very much appreciate any help you can provide.
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GCwaitforever
03-20 10:42 PM
Take the EB3 job if it pays good money and provides quality experience. You can always interfile later on and switch to EB2 if EB2 is progressing quicker. We do not know which horse is going to run fast at this moment.;)
singhsa3
08-19 05:34 PM
It takes courage to stand with fliers in your hand in the middle of a crowd, trying to hand out to people and in return get a look from them as if they are saying we are not buying whatever you are selling.
But three of our members had courage to face that looks and ignore the humiliation of being ignored by most people. These people are Raj , Murali and Kumar.
In spite of several people residing in tri state area , only four (including myself) volunteers showed up to distribute fliers at the India day parade. In the eyes of IV and all those who are living far enough to participate in our effort, these people are true heroes.
Interestingly, we met couple of people at the parade who claimed to be member of IV. What does being a member of IV means? Unless you actively participate, you are not a real member.
Anyways, the crowd at the parade was good and our team did best they could do and were able to distribute around 500 fliers. I fully agree that we could have done more and with more enthusiasm had our number were greater. But in spite of the odds, the spirits remained high.
I thank again to Raj , Murali and Kumar for sticking together for our cause. It is the people like you who will make the change happen.
May god bless you!
Thanks
Sanjeev
But three of our members had courage to face that looks and ignore the humiliation of being ignored by most people. These people are Raj , Murali and Kumar.
In spite of several people residing in tri state area , only four (including myself) volunteers showed up to distribute fliers at the India day parade. In the eyes of IV and all those who are living far enough to participate in our effort, these people are true heroes.
Interestingly, we met couple of people at the parade who claimed to be member of IV. What does being a member of IV means? Unless you actively participate, you are not a real member.
Anyways, the crowd at the parade was good and our team did best they could do and were able to distribute around 500 fliers. I fully agree that we could have done more and with more enthusiasm had our number were greater. But in spite of the odds, the spirits remained high.
I thank again to Raj , Murali and Kumar for sticking together for our cause. It is the people like you who will make the change happen.
May god bless you!
Thanks
Sanjeev
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eastindia
09-09 10:23 AM
Very good question. Depends on how one defines "Active":D
Some people can be awake while sleeping and some people can be sleeping while they are awake.
The question is are you awake or asleep? and what are you doing other than posting on IV for IV? :D
Some people can be awake while sleeping and some people can be sleeping while they are awake.
The question is are you awake or asleep? and what are you doing other than posting on IV for IV? :D
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glus
05-06 12:50 PM
Quetions to Gurus. I did read in so many forums since long time but did not get a clear understanding around salary.
1) What is the meaning of "There should not be very huge variance in income levels."
Does it mean while moving from one job to another (1 time)?
2) What if the GC is filed 8 years ago and the person is still waiting but got an average of
10% hike every year. Is that a problem?
Generally speaking: There is NOTHING in the INA nor AC-21 that prohibits one from getting salary increases. As long as you do at your work what is consistent with the approved form I-140, you salary can go up, and in normal circumstances, should go up periodically. I think what the previous member mentioned was that if, for instance, your wage specified on labor and I-140 was going to be 50k/year, u changed employers and is 150k/year, that can raise a question whether or not u do the same thing as u did before, and if your job duties still match with your approved form I-140. Having said that, regular salary changes are not a problem as long as you earn more than the prevailing wage determination. I hope this answers your both questions.
Best Regards,
1) What is the meaning of "There should not be very huge variance in income levels."
Does it mean while moving from one job to another (1 time)?
2) What if the GC is filed 8 years ago and the person is still waiting but got an average of
10% hike every year. Is that a problem?
Generally speaking: There is NOTHING in the INA nor AC-21 that prohibits one from getting salary increases. As long as you do at your work what is consistent with the approved form I-140, you salary can go up, and in normal circumstances, should go up periodically. I think what the previous member mentioned was that if, for instance, your wage specified on labor and I-140 was going to be 50k/year, u changed employers and is 150k/year, that can raise a question whether or not u do the same thing as u did before, and if your job duties still match with your approved form I-140. Having said that, regular salary changes are not a problem as long as you earn more than the prevailing wage determination. I hope this answers your both questions.
Best Regards,
va_dude
05-04 03:47 PM
as per my experience, 2 hours is more than enough to make the transition (assuming there aren't delays) at any airport (assuming there aren't flight delays).
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singhsa3
09-15 04:45 PM
We can have separate meeting for this but now the agenda is simply
the action we need to take in the wake of random processing by USCIS.Please include this in the agenda
http://immigrationvoice.org/forum/showthread.php?t=21519
the action we need to take in the wake of random processing by USCIS.Please include this in the agenda
http://immigrationvoice.org/forum/showthread.php?t=21519
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pmpforgc
12-28 11:06 PM
Hi
In this line Can H-1 B or H-4 can Invest in Shares and Mutual funds DIRECTLY? not through ORP or other company institutions as there is no direct involvment of H-1 B employee.
In this line Can H-1 B or H-4 can Invest in Shares and Mutual funds DIRECTLY? not through ORP or other company institutions as there is no direct involvment of H-1 B employee.
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gcformeornot
09-27 08:58 AM
What will be my options to maintain my immigration status in the following scenario:
AC21 is not filed after joining the new employer (new job since 2 months).
If the previous employer revoked the I-140.
Have the same job/role and responsibilities with my new employer.
No gap between previous and new current employer.
Status of I-140 remains approved and I-485 remains pending in USCIS website.
Should I proceed AC21 filing immediately? Is there anything need to be done in order to keep the immigration status legal?
I would really appreciate your valuable suggestions.
Thank you
right now. But be prepared with EVL new employer incase your old employer revokes 140... USCIS might send you NOID or RFE in that case you will need a detailed EVL from new employer.
My lawyer insisted on sending EVL immediately after Job change in order to protect from potential NOID or RFE... or even Denial of 485 as it has happened in some cases.
AC21 is not filed after joining the new employer (new job since 2 months).
If the previous employer revoked the I-140.
Have the same job/role and responsibilities with my new employer.
No gap between previous and new current employer.
Status of I-140 remains approved and I-485 remains pending in USCIS website.
Should I proceed AC21 filing immediately? Is there anything need to be done in order to keep the immigration status legal?
I would really appreciate your valuable suggestions.
Thank you
right now. But be prepared with EVL new employer incase your old employer revokes 140... USCIS might send you NOID or RFE in that case you will need a detailed EVL from new employer.
My lawyer insisted on sending EVL immediately after Job change in order to protect from potential NOID or RFE... or even Denial of 485 as it has happened in some cases.
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bongopondit
08-11 10:13 PM
Guys,
I got my approval today after the CP appointment. I am still waiting for my passports though. I will update you guys with details once I receive my passports.
Congrats !! Do post your experiences. Mine is next week at Mumbai - but still waiting for a PCC from the RPO !!
I got my approval today after the CP appointment. I am still waiting for my passports though. I will update you guys with details once I receive my passports.
Congrats !! Do post your experiences. Mine is next week at Mumbai - but still waiting for a PCC from the RPO !!
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bekugc
03-17 09:55 PM
hi lavanya,
since the clock is ticking, your prime concern shud be to get hold of someone who can get the paperwork done quickly and apply +vely on april 1st. He may not be the best, but as long he follows all process its enuf for now. For that matter, even if u get a rfe its OK, as long as its not rejected u r good with respectedto competing in the lottery...(possible this year also)
To make sure they dont miss anything important, get an appointment with some local immigration lawyers and cross check the different things that need to be done ensure the appln is complete and it doesnt get rejected.
take an appointment and explain ur situation and for about 150-200$ they will explain and give u detailed list of things needed that will serve as a checklist so that u can ensure the actual lawyer dont mess up things due to rush.
since the clock is ticking, your prime concern shud be to get hold of someone who can get the paperwork done quickly and apply +vely on april 1st. He may not be the best, but as long he follows all process its enuf for now. For that matter, even if u get a rfe its OK, as long as its not rejected u r good with respectedto competing in the lottery...(possible this year also)
To make sure they dont miss anything important, get an appointment with some local immigration lawyers and cross check the different things that need to be done ensure the appln is complete and it doesnt get rejected.
take an appointment and explain ur situation and for about 150-200$ they will explain and give u detailed list of things needed that will serve as a checklist so that u can ensure the actual lawyer dont mess up things due to rush.
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leo2606
12-10 08:31 AM
How in the world the US immigration folks will allow any one with out an AP?
What is this question? You must be kidding.
Hi,
We applied for EAD and Adv parole renewal on July 2nd for my wife. Her new EAD card was received in September and no word on the Adv Parole yet. Online status still shows 'case received and pending'.
She had her previos Adv Parole expiring on Oct 22nd. She left to India on Oct 1st. Now that her previous Adv Parole has expired and new one still not approved, will they allow her to enter US?
Thanks!
What is this question? You must be kidding.
Hi,
We applied for EAD and Adv parole renewal on July 2nd for my wife. Her new EAD card was received in September and no word on the Adv Parole yet. Online status still shows 'case received and pending'.
She had her previos Adv Parole expiring on Oct 22nd. She left to India on Oct 1st. Now that her previous Adv Parole has expired and new one still not approved, will they allow her to enter US?
Thanks!
more...
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dionysus
03-18 02:32 AM
I am positively sick of seeing the same "case received and pending" status on my I-485 case for the past two years (almost). I call CIS and they parrot like repeat the same status which I see on their website. They tell me they have no further information.
I simply can't take it any more. I have already paid unnacceptably high human cost for this GC. If my case has any discrepency and it is going to be rejected eventually, then I dont see any point of working in US from this point onwards itself. I would rather move back to India and use this time to build my career there.
I can hang on only if I somehow get to know if my case has been pre-adjudicated for approval, and no more bureaucratic actions are required on it. But how do I do that?
Any ideas?
I simply can't take it any more. I have already paid unnacceptably high human cost for this GC. If my case has any discrepency and it is going to be rejected eventually, then I dont see any point of working in US from this point onwards itself. I would rather move back to India and use this time to build my career there.
I can hang on only if I somehow get to know if my case has been pre-adjudicated for approval, and no more bureaucratic actions are required on it. But how do I do that?
Any ideas?
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broadcaster
11-12 05:09 PM
I called NSC but I never heard the option that you mentioned (Receipts not received). Could you explain it?
Thanks!
Thanks!
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JunRN
12-18 04:37 PM
I was reading the AC21 memo just few minutes ago. Yes, an Approved I-140 can be reversed and denied on this case:
An approved I-140 was withdrawn after 180 days and the beneficiary did not send an AC21 letter to USCIS. USCIS will send NOID and if not responded to timely, I-140 will be reversed and denied. If NOID was responded to timely with new qualifying offer of employment, then USCIS will review if similar or same occupation, if not then case will be reversed and denied.
Therefore, yes, an approved I-140 can be reversed and denied.
Another thing is that if USCIS discovered fraud on one case against the employer and reviews all approved I-140 petition of that employer, USCIS may reverse the decision and issue denial.
An approved I-140 was withdrawn after 180 days and the beneficiary did not send an AC21 letter to USCIS. USCIS will send NOID and if not responded to timely, I-140 will be reversed and denied. If NOID was responded to timely with new qualifying offer of employment, then USCIS will review if similar or same occupation, if not then case will be reversed and denied.
Therefore, yes, an approved I-140 can be reversed and denied.
Another thing is that if USCIS discovered fraud on one case against the employer and reviews all approved I-140 petition of that employer, USCIS may reverse the decision and issue denial.
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pappu
01-24 04:29 PM
Is your lawyer your lawyer or company's lawyer?
You must consult a lawyer who has lot of experience with AC21, EAD/H1 issues.
You must consult a lawyer who has lot of experience with AC21, EAD/H1 issues.
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GCKarma
07-18 12:10 PM
Guys,
Is there a chance of USCIS coming back and saying that they will not take applications for I485 after July 31 2007 for whatever crap reason?
Is there a chance of USCIS coming back and saying that they will not take applications for I485 after July 31 2007 for whatever crap reason?
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number30
07-12 06:07 PM
THANK YOU VERY VERY MUCH FOR PRECISE REPLY BUEHLER but am I not within my legal right to work for any hospital branch because they are all with one name.
My final question would be YES I was told that I will have a new ID and new payroll number and a separate paycheck but what can be done to rectify this situation. Like do they have to amend the H1B petition(mine is a non-cap hospital--- a charity hospital).
My H1B stipulates that I am a full-timer with 40 hrs per week but starting from next week it is going to be 32 sometimes and 40 hrs some weeks as we are not seeing many patients into our hospital due to the economy,jobs etc.
What is the solution. Do I have to move to a different job or can there be a solution to work for the same company (in different branches)
at the yearend is it single w2? or two w2 from same employer ID? Your ID might be different But employer ID is important.
My final question would be YES I was told that I will have a new ID and new payroll number and a separate paycheck but what can be done to rectify this situation. Like do they have to amend the H1B petition(mine is a non-cap hospital--- a charity hospital).
My H1B stipulates that I am a full-timer with 40 hrs per week but starting from next week it is going to be 32 sometimes and 40 hrs some weeks as we are not seeing many patients into our hospital due to the economy,jobs etc.
What is the solution. Do I have to move to a different job or can there be a solution to work for the same company (in different branches)
at the yearend is it single w2? or two w2 from same employer ID? Your ID might be different But employer ID is important.
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Rajwaitingon140
11-21 12:43 PM
Yes mine processing date is 21st DEC and EB3 and also LUD is JAN'8'2007
if I don't see any update on my case I will wait for one more processing time update and then I can ask my Attorney to proceed for SR.
Thank you guys this is great help.
Thank you
Raj
Raj,
SR can be opened by company HR or lawyer if the service center processing time exceeds your receipt date by more than 30 days.
As sunny said, when NSC moves their processing time to more than 21st Jan 2007 ( I assume ur RD is 21st DEC and EB3)...your lawyer can call the normal 1800...number and raise a SR.
it's a simple process and lawyer should be knowing how to handle this.
I see people getting decisions within 30-45 days after SR.
Mine came in about 27 days.
let me know if you have any questions.
Thanks
if I don't see any update on my case I will wait for one more processing time update and then I can ask my Attorney to proceed for SR.
Thank you guys this is great help.
Thank you
Raj
Raj,
SR can be opened by company HR or lawyer if the service center processing time exceeds your receipt date by more than 30 days.
As sunny said, when NSC moves their processing time to more than 21st Jan 2007 ( I assume ur RD is 21st DEC and EB3)...your lawyer can call the normal 1800...number and raise a SR.
it's a simple process and lawyer should be knowing how to handle this.
I see people getting decisions within 30-45 days after SR.
Mine came in about 27 days.
let me know if you have any questions.
Thanks
jsb
12-02 10:41 AM
I am in the same boat ... albeit little behind you...
My PD is also Aug 2005 (EB2).
My ND is Sept. 17, 2007 and RD is Aug 7, 2007.
Hopefully someone picks up my file from the dungeon and at least remembers me... :)
I am glad someone is at least looking at your file ... RFE ayaa to RFE - but at least its on someone's desk ... cheers!
Does it mean they are now looking at apps based on RD, even if PD is not current? I was current in Aug/Sep, but I didn't hear anything (as possibily for them a date closer to ND is the "date received", which for me is Oct07, although my RD is 2July07).
My PD is also Aug 2005 (EB2).
My ND is Sept. 17, 2007 and RD is Aug 7, 2007.
Hopefully someone picks up my file from the dungeon and at least remembers me... :)
I am glad someone is at least looking at your file ... RFE ayaa to RFE - but at least its on someone's desk ... cheers!
Does it mean they are now looking at apps based on RD, even if PD is not current? I was current in Aug/Sep, but I didn't hear anything (as possibily for them a date closer to ND is the "date received", which for me is Oct07, although my RD is 2July07).
GCBy3000
07-24 05:05 PM
I agree with portability logic. In that case, a 485 is tied with individual. Why cant a individual have a 485 certified anytime. That is not going to change even if he moves from place to place. In fact, a 485 should be like a degree certificate validating all the credentials. We should be able to carry it wherever we go and show it to our prospective employer and get the GC process moving.
Having said that, there is no need to wait to file 485 due to visa retrogression. Visa numbers are for adjucating the individual 485 and granting the perm residency status. I dont understand why the 485 stage comes as the final one and why the hell it is tied up with VISA numbers.
Example: The applicant gets all medical check up and he is hale and healthy. He filed for 485 and it is pending for 5 years due to retrogression. Every year or once in two year he needs to repeat the medical checkup and declare he is still healthy until he gets the GC. This funny test is not required after he gets GC. Assume in 4th year he gets the deadly VIRUS decease from a US citizen, then he will be denied of GC. The reason is he will spread this contagious disease which he got from US citizen. But he is free to walk and spread if he has GC. Is't funny. I may be wrong........
LC - Verification is related to the sponsored job
140 - Verification is related to the sponsoring company
485 - Verification is related to the sponsored individual
Portability, by definition, applies to individual and not company. Why would your company want you to have portability?
Having said that, there is no need to wait to file 485 due to visa retrogression. Visa numbers are for adjucating the individual 485 and granting the perm residency status. I dont understand why the 485 stage comes as the final one and why the hell it is tied up with VISA numbers.
Example: The applicant gets all medical check up and he is hale and healthy. He filed for 485 and it is pending for 5 years due to retrogression. Every year or once in two year he needs to repeat the medical checkup and declare he is still healthy until he gets the GC. This funny test is not required after he gets GC. Assume in 4th year he gets the deadly VIRUS decease from a US citizen, then he will be denied of GC. The reason is he will spread this contagious disease which he got from US citizen. But he is free to walk and spread if he has GC. Is't funny. I may be wrong........
LC - Verification is related to the sponsored job
140 - Verification is related to the sponsoring company
485 - Verification is related to the sponsored individual
Portability, by definition, applies to individual and not company. Why would your company want you to have portability?
