LookingForGC
06-29 05:20 PM
The question looks good to me, i am also looking for the answer. Hope someone will give right answer for this.
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java_jaggu
01-22 02:54 PM
Kevin,
It's no different using the future employment EAD from that of a current employment EAD. However, I would suggest you work for that future employment company for say 6 months before you use AC21 and move on to a different job. This would alleviate the risk of INS considering your case to be fradulent.
It's no different using the future employment EAD from that of a current employment EAD. However, I would suggest you work for that future employment company for say 6 months before you use AC21 and move on to a different job. This would alleviate the risk of INS considering your case to be fradulent.
dilber
07-29 02:51 PM
Just sent you an email. I will pray for your cousin.
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yabadaba
12-28 06:23 AM
You don't need to send anything - they already have your I-485 application. They will ask if they want. After few weeks of e-filing, I was called for "biometrics". They only took my picture, and that was it. On 11th week I got my EAD. Mine was same as yours: first EAD but having one prior OPT. I mentioned OPT EAD in my application.
Thanks bestia. I am hoping they wont need to call me in for biometrics since i already got that done for my 485. but its uscis...who knows what they do.
Thanks for answering my q!:D
Thanks bestia. I am hoping they wont need to call me in for biometrics since i already got that done for my 485. but its uscis...who knows what they do.
Thanks for answering my q!:D
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Blog Feeds
11-15 09:10 AM
From Politico: House Speaker Nancy Pelosi wants to push for a vote during the lame-duck session on a bill that would legalize young, undocumented immigrants if they attend college or serve in the military, according to Democratic sources familiar with a leadership conference call Wednesday. A vote on the bill, known as the DREAM Act, could come as early as next week, the sources said. Pelosi asked Rep. George Miller (D-Calif.) and Rep. Xavier Becerra (D-Calif.) to assess the mood of the caucus, according to one source. The vote on DREAM is probably easier in the Lame Duck House given...
More... (http://blogs.ilw.com/gregsiskind/2010/11/pelosi-will-push-for-dream-act-vote-in-lame-duck.html)
More... (http://blogs.ilw.com/gregsiskind/2010/11/pelosi-will-push-for-dream-act-vote-in-lame-duck.html)
fromnaija
06-21 01:44 PM
You did not mention if you already filed your AOS application. If yes, then you may keep your application going if it's been more than 180 days since you filed.
If you have not filed I-485 then your new employer will have to start the process from beginning. You may be able to retain the old PD even if previous employer revoked the I-140, unless USCIS revoked your I-140 for fraud.
For when you already filed I-485.
http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
For when you have not filed I-485
http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/afm_ch22_091206r.pdf
Quote from page 27 of above document when you have not filed I-485
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
If you have not filed I-485 then your new employer will have to start the process from beginning. You may be able to retain the old PD even if previous employer revoked the I-140, unless USCIS revoked your I-140 for fraud.
For when you already filed I-485.
http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
For when you have not filed I-485
http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/afm_ch22_091206r.pdf
Quote from page 27 of above document when you have not filed I-485
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
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zCool
04-23 12:31 PM
This has been discussed before!
Moving to EAD is irreversible. You can't come back to H1b without applying for new H1.
The way USCIS knows that is you will show paycheck without valid H1.
This has been discussed before in many threads in details.. do the search.
I am planning to work on EAD soon and switch my employer using AC21. How would USCIS know that I have switched from H1b to EAD. I might change my mind after 1 months and get back to H1 transfer and work on H1 instead on EAD.
This depends on if the future project is long term and I switch to H1B just to be safe.
Any ideas would be appreciated...
Moving to EAD is irreversible. You can't come back to H1b without applying for new H1.
The way USCIS knows that is you will show paycheck without valid H1.
This has been discussed before in many threads in details.. do the search.
I am planning to work on EAD soon and switch my employer using AC21. How would USCIS know that I have switched from H1b to EAD. I might change my mind after 1 months and get back to H1 transfer and work on H1 instead on EAD.
This depends on if the future project is long term and I switch to H1B just to be safe.
Any ideas would be appreciated...
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The7zen
11-11 11:22 AM
It would be nice if we get Subscription expiration notification.
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yagw
08-17 10:55 AM
My PD is Nov 24th 2005. EB2- India. Filed @NSC
Dates are current for my priority date. Havent heard anything USCIS on the primary or derivative case.
I opened a SR on 08/6th because the case should have been picked up based on their processing times. Haven't yet received any response on this.
I want to schedule an infopass appointment however looks like we need to wait for 30 days from the date of opening an SR, before scheduling this appointment.
Has anyone got slapped on the hand for not following this?
I have also sought help from my senator, however no useful information has come out of it.
Are their any other options available?
If you select the option "you need information" on a case, then you don't have to wait for 30 days. But no one can assure if the infopass will be helpful (irrespective of, wait or not wait for 30 days).
Try asking specific questions (when you call or go in person) like, is my name check cleared? background check cleared? pre-adjudicated? assigned to a io? etc. You might have to try more than once depending on the rep you talk to (talk to level 2 officers when you call). Good luck!!!
Dates are current for my priority date. Havent heard anything USCIS on the primary or derivative case.
I opened a SR on 08/6th because the case should have been picked up based on their processing times. Haven't yet received any response on this.
I want to schedule an infopass appointment however looks like we need to wait for 30 days from the date of opening an SR, before scheduling this appointment.
Has anyone got slapped on the hand for not following this?
I have also sought help from my senator, however no useful information has come out of it.
Are their any other options available?
If you select the option "you need information" on a case, then you don't have to wait for 30 days. But no one can assure if the infopass will be helpful (irrespective of, wait or not wait for 30 days).
Try asking specific questions (when you call or go in person) like, is my name check cleared? background check cleared? pre-adjudicated? assigned to a io? etc. You might have to try more than once depending on the rep you talk to (talk to level 2 officers when you call). Good luck!!!
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HumJumboHathuJumbo
09-17 12:17 PM
I am a july 07 filer with EB2 PD Oct 2005. I switched employers in early part of this year. My employer has been very erratic and not paying me salary for past 2 months because his money is not cleared from his client. I have found another contract but my employer wants to wait until his money is cleared before he can pay me and that can take longer than 6 months !!! (if his money is not cleared before)
Under such circumstances I am jeopardising everything. I was wondering if I start working for my own company on a W2 with a same job profile same salary structure will USCIS consider this as something fraudulent or do they allow self employment under AC21 ? After I have my GC I plan to continue working for my own company. In that case what do I need to do from my side to make this happen ? I started my company in August 2008.
green if this helps otherwise just ignore.
http://immigration-information.com/forums/showthread.php?t=6243
Under such circumstances I am jeopardising everything. I was wondering if I start working for my own company on a W2 with a same job profile same salary structure will USCIS consider this as something fraudulent or do they allow self employment under AC21 ? After I have my GC I plan to continue working for my own company. In that case what do I need to do from my side to make this happen ? I started my company in August 2008.
green if this helps otherwise just ignore.
http://immigration-information.com/forums/showthread.php?t=6243
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Green.Tech
03-11 05:52 PM
http://travel.state.gov/visa/frvi/bulletin/bulletin_4438.html
Good morning, Mr. Bawa :)
People have talked about it and forgotten already:
http://immigrationvoice.org/forum/showthread.php?t=24227
...and are already talking about May bulletin now:
http://immigrationvoice.org/forum/showthread.php?t=24275
Good morning, Mr. Bawa :)
People have talked about it and forgotten already:
http://immigrationvoice.org/forum/showthread.php?t=24227
...and are already talking about May bulletin now:
http://immigrationvoice.org/forum/showthread.php?t=24275
hot Cake reads Happy Birthday and
eb3_nepa
07-01 11:45 PM
Ok Guys enough "PREDECTIONS" now go to bed.
Only the coming days will tell us what is going on and what will happen. Everything else is just hear-say.
Go to sleep and remember that we DO have day jobs.
Only the coming days will tell us what is going on and what will happen. Everything else is just hear-say.
Go to sleep and remember that we DO have day jobs.
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house Hey,Tom! Happy Birthday!
Nil
03-24 11:04 PM
'Saw Fareed Zakaria mention the topic in GPS on Sunday.
Matt Frei questioned Eric Schmidt in BBC world news America yesterday. he responded it being one of the most stupid laws this country has ever had.
Smart ones are picking up - hopefully things will change over time.
Matt Frei questioned Eric Schmidt in BBC world news America yesterday. he responded it being one of the most stupid laws this country has ever had.
Smart ones are picking up - hopefully things will change over time.
tattoo Happy Birthday Iman.
EB2_Jun03_dude
04-22 12:29 PM
I have PD which is current (Jun 03 EB2 India), a RD which is current (Jun 05! yes VSC transfer to TSC in Apr 07). In the last week of Nov 07 got a simple RFE (medical RFE wherein the doc forgot to check one box), which was replied promptly and got confirmation from USCIS that they got the response.
Have been following up with USCIS (service request, POJ-TSC from April 7th). Got a soft LUD today (04/22/2008). does it mean anything ?
Have been following up with USCIS (service request, POJ-TSC from April 7th). Got a soft LUD today (04/22/2008). does it mean anything ?
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pictures Happy birthday to a
nirmal301
03-26 11:03 PM
Hi,
Only pay for your H1 if you know employer or any of your friend has done H1 process from that employer and application was success.
You will find many scams to take H1 fees and never return your money back.
But try to find employer who is ready to file your case and in return can ask for some deposit money for security purpose and same will be return to you once you start working for him.
Whether to pay or not ?
It always depends upon individual..If you think $1500 - $2000 is not big amount for H1 then yes.. pay for it if you don't have any other option.
I did the same thing.. I search for employer who can file my case but was not succeed in that so finally paid H1 fees $2000 :( ...But I guess it will be worth it.
Regards,
Nirms
Only pay for your H1 if you know employer or any of your friend has done H1 process from that employer and application was success.
You will find many scams to take H1 fees and never return your money back.
But try to find employer who is ready to file your case and in return can ask for some deposit money for security purpose and same will be return to you once you start working for him.
Whether to pay or not ?
It always depends upon individual..If you think $1500 - $2000 is not big amount for H1 then yes.. pay for it if you don't have any other option.
I did the same thing.. I search for employer who can file my case but was not succeed in that so finally paid H1 fees $2000 :( ...But I guess it will be worth it.
Regards,
Nirms
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AreWeThereYet
08-04 09:37 AM
Specific Adjudication Process Steps by Form Type on My Case Status: When customers check their case status online, the process steps they see will now be specific to the petition or application they submitted. Until recently, the website listed seven identical process steps for all forms, even though not all the steps applied to all the forms. With the new feature, process steps are customized for more than 40 form types.
I like that. Thanks for posting the update.
I like that. Thanks for posting the update.
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regacct
05-17 09:30 AM
Took the survey, but what is the purpose of this?
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minimalist
10-11 09:53 AM
HI Folks
The reason for this post is as usual- too much confusion and no clear answers. i read on oh law firm that if you are not in a non-immigrant status i.e are working on EAD, there should be no gap in your EAD while you are working. Meanin you should stop working if your current EAD expires and your new EAD is pending- otherwise its a violation of law and provisions of 245 do not protect you because technically you are NOT a non-immigrant.
Is that true?????
Now, i recently had to go to India for an emergency, and had to come back on AP- did not have time to get my H1b visa stamped. I asked at the immigration counter if my H1b is invalidated and he told me it is. I spoke to my lawyer and she told me if you resume your H1b employment with the same employer- you are back in status- i kinda did not buy that though.
Can someone please shed light. My concern is that my EAD is expired- new one is pinding. Although i was on h1b when i left for India, but came back using AP. Am i breaking a law by working??
thanks
If you resume the job you were doing before you left, you do not need EAD. If you switch employment, then you have to use EAD.
The reason for this post is as usual- too much confusion and no clear answers. i read on oh law firm that if you are not in a non-immigrant status i.e are working on EAD, there should be no gap in your EAD while you are working. Meanin you should stop working if your current EAD expires and your new EAD is pending- otherwise its a violation of law and provisions of 245 do not protect you because technically you are NOT a non-immigrant.
Is that true?????
Now, i recently had to go to India for an emergency, and had to come back on AP- did not have time to get my H1b visa stamped. I asked at the immigration counter if my H1b is invalidated and he told me it is. I spoke to my lawyer and she told me if you resume your H1b employment with the same employer- you are back in status- i kinda did not buy that though.
Can someone please shed light. My concern is that my EAD is expired- new one is pinding. Although i was on h1b when i left for India, but came back using AP. Am i breaking a law by working??
thanks
If you resume the job you were doing before you left, you do not need EAD. If you switch employment, then you have to use EAD.
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americandesi
09-04 02:16 PM
To all fellow GC applicants and immigration gurus.I have this question to ask.I recently got my I-140 and applied I-485 (Aug 1 2007).
My employer is moving office to new address.How will it effect my future GC process ?. Thanks in advance
If the company is moving within the same county then no issues.
If it's moving to a different state (or) to a different county within the same state, then refer the following thread
http://immigrationvoice.org/forum/showpost.php?p=158508&postcount=7
Remember, the prevailing wage differs from county to county even within the same state.
My employer is moving office to new address.How will it effect my future GC process ?. Thanks in advance
If the company is moving within the same county then no issues.
If it's moving to a different state (or) to a different county within the same state, then refer the following thread
http://immigrationvoice.org/forum/showpost.php?p=158508&postcount=7
Remember, the prevailing wage differs from county to county even within the same state.
ronhira
10-28 11:50 AM
anti immigrant troll alert
ivvm
10-22 11:25 PM
Why should USCIS send two notices? To answer your question..NO..they will send you one date and location for FP! Also you have to do your FP every 15 months or so..if your case isnt approved by then!
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