peacocklover
10-25 04:20 PM
Situation: approved I-140 (EB-2), getting close to 5th year of H1B.
questions:
1. if i change employers, can I use my priority date even though my employer has not given me a copy of the filed/approved I-140? If i can, what if the old employer cancels the i-140: can I still use the PD from the approved 140?
2. if i start a new gc process with a new company, what stage of my GC should i be in so that my h1 can be extended beyond the 6th year? should the perm be filed or should the 140 be filed before the beginning of 5th year?
3. once h1 is extended beyond the 6th year for say 3 years, can I transfer my h1 to a new employer?
thanks.
learner
I'm not attorney but I'm suggesting based on my experience .I know answers as Ive gone through this recently...
1. Yes , Your PD for approved 140 is your possession. You can port it in your future 485 process of GC with your future employer even if your old employer revokes it.
2. You can get three year extension to your new H1 transfer with your current approved 140 of old employer.
3. Yes, You can.
Please let me know if you have any concerns.
questions:
1. if i change employers, can I use my priority date even though my employer has not given me a copy of the filed/approved I-140? If i can, what if the old employer cancels the i-140: can I still use the PD from the approved 140?
2. if i start a new gc process with a new company, what stage of my GC should i be in so that my h1 can be extended beyond the 6th year? should the perm be filed or should the 140 be filed before the beginning of 5th year?
3. once h1 is extended beyond the 6th year for say 3 years, can I transfer my h1 to a new employer?
thanks.
learner
I'm not attorney but I'm suggesting based on my experience .I know answers as Ive gone through this recently...
1. Yes , Your PD for approved 140 is your possession. You can port it in your future 485 process of GC with your future employer even if your old employer revokes it.
2. You can get three year extension to your new H1 transfer with your current approved 140 of old employer.
3. Yes, You can.
Please let me know if you have any concerns.
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ramankgb
06-03 11:15 AM
E filed both myself and spouse application 157 days before expiry of EAD. Received Receipt numbers immediately, since i e-filed. i did send in the documentary evidence supporting the case also.
Also received FP request, which i had to re-schedule twice(once for visit abroad, second on missing app. due to late arrival of notice). Finally got FP completed on third try.
However, i received email stating that an RFE has been send for both our applications. Still awaiting for the paper document.
Does this mean the application was accepted? Or Should i e-file once again instead of waiting on the outcome of this application as i am already a month late to expiration of EAD?
*********
RFE asked me to clarify my intend for applying for EAD (replacement or renewal). I replied that i had asked for renewal and that i was not aware of any limit on the date.
===================Update=====================
EAD Card recieved with 1 year extension from date of expiry of previous EAD.
Also received FP request, which i had to re-schedule twice(once for visit abroad, second on missing app. due to late arrival of notice). Finally got FP completed on third try.
However, i received email stating that an RFE has been send for both our applications. Still awaiting for the paper document.
Does this mean the application was accepted? Or Should i e-file once again instead of waiting on the outcome of this application as i am already a month late to expiration of EAD?
*********
RFE asked me to clarify my intend for applying for EAD (replacement or renewal). I replied that i had asked for renewal and that i was not aware of any limit on the date.
===================Update=====================
EAD Card recieved with 1 year extension from date of expiry of previous EAD.
Anders �stberg
April 10th, 2004, 10:09 AM
Sorry to go on about my birds, but this I wanted to share...
I was out to get some training photographing flying birds when I suddenly saw this seagull that had a wooden stick poking out from the neck. I decided to turn photo journalist for a while and concentrate on pictures of this unlucky bird. I don't know what could have happened to it, either it has accidentally flown into something or God forbid someone has shot an arrow at it. :(
I have already found out that photographing flying birds is difficult, but try photographing a specific bird in a big flock - that's taking the difficulty to another level! :) I managed to get a few inflight pictures as well though. Unfortunately it was of course not too difficult to spot with the wooden pointer attached.
This is what I first saw, the bird flying past me a couple of times:
http://www.InterimLocation.com/FretNoMore/Photo/10D/pictures/LargeBirds/ImpaledGull_3345.jpg
He was clearly irritated, kept scratching around the head and shaking to get rid of the stick:
http://www.InterimLocation.com/FretNoMore/Photo/10D/pictures/LargeBirds/ImpaledGull_3402.jpg
This bird seemed quite dominant, kept chasing off other birds, so it wasn't too hindering:
http://www.InterimLocation.com/FretNoMore/Photo/10D/pictures/LargeBirds/ImpaledGull_3353.jpg
He was also out on the water, resting as well as courting and chasing other birds:
http://www.InterimLocation.com/FretNoMore/Photo/10D/pictures/LargeBirds/ImpaledGull_3382.jpg
When I threw in some bribes he also joined in in the feeding, both feet and stick in the water:
http://www.InterimLocation.com/FretNoMore/Photo/10D/pictures/LargeBirds/ImpaledGull_3362.jpg
Here's another inflight picture with the ugly stick poking out:
http://www.InterimLocation.com/FretNoMore/Photo/10D/pictures/LargeBirds/ImpaledGull_3396.jpg
And a final portrait of this unlucky bird:
http://www.InterimLocation.com/FretNoMore/Photo/10D/pictures/LargeBirds/ImpaledGull_3329.jpg
To end on a slightly brighter note here are two birds just about to take off:
http://www.InterimLocation.com/FretNoMore/Photo/10D/pictures/LargeBirds/SeagullsTakingOff_3354.jpg
-Anders
I was out to get some training photographing flying birds when I suddenly saw this seagull that had a wooden stick poking out from the neck. I decided to turn photo journalist for a while and concentrate on pictures of this unlucky bird. I don't know what could have happened to it, either it has accidentally flown into something or God forbid someone has shot an arrow at it. :(
I have already found out that photographing flying birds is difficult, but try photographing a specific bird in a big flock - that's taking the difficulty to another level! :) I managed to get a few inflight pictures as well though. Unfortunately it was of course not too difficult to spot with the wooden pointer attached.
This is what I first saw, the bird flying past me a couple of times:
http://www.InterimLocation.com/FretNoMore/Photo/10D/pictures/LargeBirds/ImpaledGull_3345.jpg
He was clearly irritated, kept scratching around the head and shaking to get rid of the stick:
http://www.InterimLocation.com/FretNoMore/Photo/10D/pictures/LargeBirds/ImpaledGull_3402.jpg
This bird seemed quite dominant, kept chasing off other birds, so it wasn't too hindering:
http://www.InterimLocation.com/FretNoMore/Photo/10D/pictures/LargeBirds/ImpaledGull_3353.jpg
He was also out on the water, resting as well as courting and chasing other birds:
http://www.InterimLocation.com/FretNoMore/Photo/10D/pictures/LargeBirds/ImpaledGull_3382.jpg
When I threw in some bribes he also joined in in the feeding, both feet and stick in the water:
http://www.InterimLocation.com/FretNoMore/Photo/10D/pictures/LargeBirds/ImpaledGull_3362.jpg
Here's another inflight picture with the ugly stick poking out:
http://www.InterimLocation.com/FretNoMore/Photo/10D/pictures/LargeBirds/ImpaledGull_3396.jpg
And a final portrait of this unlucky bird:
http://www.InterimLocation.com/FretNoMore/Photo/10D/pictures/LargeBirds/ImpaledGull_3329.jpg
To end on a slightly brighter note here are two birds just about to take off:
http://www.InterimLocation.com/FretNoMore/Photo/10D/pictures/LargeBirds/SeagullsTakingOff_3354.jpg
-Anders
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mariner5555
01-24 01:48 PM
Hi all,
will appreciate a reply ..I had changed my wifes last name to our married last name (in SSN). her EAD and 485 is in her maiden last name.
will this create an issue when we renew her EAD ? I wanted to renew with our married last name.
Thanks in advance
will appreciate a reply ..I had changed my wifes last name to our married last name (in SSN). her EAD and 485 is in her maiden last name.
will this create an issue when we renew her EAD ? I wanted to renew with our married last name.
Thanks in advance
more...
bheemi123
09-12 03:36 PM
my case was sent to TX office on 6/29 for 7/2 delivery and i checked online the receipt date was 7/31. dont know why. should be 7/2
but i got FP notice on 9/10 for appt dt = 9/25
hope this helps.
online recipt date will show as 7/31 but that is not recipt date..u should be able to 7/2 in the acutal original notice..same thing happened to me..so dont worry
but i got FP notice on 9/10 for appt dt = 9/25
hope this helps.
online recipt date will show as 7/31 but that is not recipt date..u should be able to 7/2 in the acutal original notice..same thing happened to me..so dont worry
amulchandra
02-06 07:39 PM
That's really nice. Even I heard a lot of success stories like your's. That's the reason I started approaching non-profit organizations for volunteering. But in may case it is working the other way round. May be because I am in to IT.
But this episode brought my morale down a little bit because for the first time I felt that I am an alien here.
Anyway I may have to think twice before approaching for volunteering again.....
But this episode brought my morale down a little bit because for the first time I felt that I am an alien here.
Anyway I may have to think twice before approaching for volunteering again.....
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x1050us
05-15 08:06 PM
I got my GC last year auguest but her gc/485 status is stil pending. Is it even possible based on her case was dependent on me? What can I do abt it. Thanks.
Did you submit the 485s together or separately.
Did you submit the 485s together or separately.
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gc_chahiye
10-26 03:52 PM
W... For regular applications, they don't even have a column asking for any valid reason.
....
Right. The Initial Evidence section of the I-131 form. Under section I part C 1 b. on page 4 (page 4 in PDF, page 3 printed on that doc) does mention this:
An explanation or other evidence showing the circumstances that warrant issuance of an advance parole document; or
but the very next line is that the alternative to this is a copy of the USCIS receipt of your 485. So just USCIS receipt (or even receipt number) should be good enough for us (or if you filed all three together, dont even need that).
Anyway to OP: ask your lawyer to apply, you should not face any problems getting it.
....
Right. The Initial Evidence section of the I-131 form. Under section I part C 1 b. on page 4 (page 4 in PDF, page 3 printed on that doc) does mention this:
An explanation or other evidence showing the circumstances that warrant issuance of an advance parole document; or
but the very next line is that the alternative to this is a copy of the USCIS receipt of your 485. So just USCIS receipt (or even receipt number) should be good enough for us (or if you filed all three together, dont even need that).
Anyway to OP: ask your lawyer to apply, you should not face any problems getting it.
more...
sanju_dba
12-21 01:22 PM
I want to be more specific. I have a full time job. I'd like to setup a business LLC to get some contract works. For tax benefit, I can deduct some business cost with it.
On H1 you can setup business, invest in , take profits ,but you should not be on payroll ( in otherwords you cannot be an employee of your own company based on H1 status ).
Once you get your EAD ( IV's current indirect-primary objective ) , you can do work of your company and do those tax benifit tacktics .
On H1 you can setup business, invest in , take profits ,but you should not be on payroll ( in otherwords you cannot be an employee of your own company based on H1 status ).
Once you get your EAD ( IV's current indirect-primary objective ) , you can do work of your company and do those tax benifit tacktics .
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lelica32
11-05 11:31 PM
Please send him letters to the following address:
Barack Obama
5046 S Greenwood Ave
Chicago, IL 60615-2806
Let him knows about our problems.
I will send tomorrow a letter.
Barack Obama
5046 S Greenwood Ave
Chicago, IL 60615-2806
Let him knows about our problems.
I will send tomorrow a letter.
more...
WeldonSprings
05-01 09:22 PM
Hi,
When did you apply the card. Was it NSC or TSC and did you e-file.
Thanks.
They are just mistaking his EAD card for PR card. My EAD was approved on April 27 and the status says
"Card production ordered/Oath Document sent".
It is just misleadig for a lot of people they can misread it as the PR card.
When did you apply the card. Was it NSC or TSC and did you e-file.
Thanks.
They are just mistaking his EAD card for PR card. My EAD was approved on April 27 and the status says
"Card production ordered/Oath Document sent".
It is just misleadig for a lot of people they can misread it as the PR card.
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coopheal
11-05 06:10 PM
Bump
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Nitu Singh
06-12 10:33 PM
Thanks for the prompt reply and need clarification on few more things....
like when the new co is in the process of transfer of h1 or after the transfer of h1 the old co revoke I-140 then ...
1) Will I be able to get 3 yrs extension or that extension will be valid after H1 transfer ?
2) How it will effect the future GC process by new Co.?
need your suggestion on these too:
3) thinking worse scenario.. after H1 transfer to new co if lay off happens...then
how things will work out to stay on H1 status?
4) what I should discuss/need to clarify with new empl before making a move ?
thanks!
like when the new co is in the process of transfer of h1 or after the transfer of h1 the old co revoke I-140 then ...
1) Will I be able to get 3 yrs extension or that extension will be valid after H1 transfer ?
2) How it will effect the future GC process by new Co.?
need your suggestion on these too:
3) thinking worse scenario.. after H1 transfer to new co if lay off happens...then
how things will work out to stay on H1 status?
4) what I should discuss/need to clarify with new empl before making a move ?
thanks!
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gceb3holder
02-27 06:50 AM
Yes it is possible, since until I find a job that I really like it will take some time, problably I can even negotiate to start after the 181th day.
Also, what would be the process? Does the new employer needs to notify INS that I am changing jobs? Os this can be done without advising anybody but the former employer?
Also, what would be the process? Does the new employer needs to notify INS that I am changing jobs? Os this can be done without advising anybody but the former employer?
more...
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STAmisha
07-08 06:38 PM
I guess you can apply for 2 140's
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randallemery
03-10 10:22 PM
Immigration Press Briefing
9:00 am PST, February 28, 2006
This week the AFL-CIO Committee on Immigration adopted one of the most innovative and progressive frameworks for achieving real comprehensive immigration reform. As it stands today, our immigration system is nothing more than a blueprint for exploitation of both foreign and native-born workers. Overhaul of our nation's broken immigration laws is long overdue.
We believe that America deserves a more just and democratic immigration system that protects the interests of ALL workers within our borders-immigrants and U.S.-born workers alike.
It's a tragedy that instead of advocating for permanent relief to the millions of undocumented workers already in this country, paying taxes and contributing to their communities, our nation's leaders continue to push for the same old hollow policies that if enacted will only drive immigrants further into the shadows of American society while allowing employers to depress labor protections and standards for ALL workers within our borders.
Instead of comprehensive reform, many of our leaders continue to look to outdated temporary guestworker programs as a cure-all solution. Real immigration reform cannot and should not be designed primarily to enlarge guestworker programs that have served only to provide greedy employers with a steady stream of vulnerable, indentured workers they may exploit for commercial gain.
This week AFL-CIO unions have voted on a landmark resolution that breaks away from this oppressive guestworker mold and offers a more just and viable solution that will benefit all workers. To be effective, comprehensive immigration reform must include three key, interdependent goals: 1) reform proposals MUST provide a clear and well-defined path to permanent residency for those workers already here and contributing to their communities 2) our laws must include uniform enforcement of workplace standards to ensure a more just and level playing field and 3) to achieve a blanket standard of workplace right, we MUST reject outdated guestworker constructs that by their very nature harm the interests of foreign and U.S born workers alike.
The horrific abuses suffered by workers in the first such program, the post -World War II bracero program, are well documented and indisputable. And although most people like to think of bracero programs as a phenomenon of the past, the reality is that their legacy of exploitation and abuse continues to thrive in contemporary American society through modern guestworker programs such as the H1-B and H2-B. President Junemann will talk more about how employers take advantage of H1-Bs and exploit workers while eroding wages and workplace standards within the high tech industry
We believe that there is absolutely no good reason why any immigrant who comes to this country prepared to work, to pay taxes, and to abide by our laws and rules should be relegated to this repressive, second-class guestworker status.
To embrace the expansion of temporary guestworker programs is to embrace the creation of an undemocratic, two-tiered society.
To combat this model, the AFL-CIO has put forth a more humane and democratic alternative. We propose that if employers can demonstrate a real need for outside workers, these workers should be allowed into our country with the SAME RIGHTS AND LABOR PROTECTIONS of any U.S. citizen. When there is a real need for foreign workers, we should embrace these workers NOT as "guests" but as FULL members of society --as PERMANENT RESIDENTS with full rights and full mobility that greedy employers may NOT exploit.
What immigrant workers need is a real path to legalization and a method for addressing America's future needs for outside labor in a way that guarantees immigrant workers--and thus ALL workers--full rights, and a real voice on the job. As a nation that prides itself on fair treatment and equality, we simply cannot settle for anything less.
9:00 am PST, February 28, 2006
This week the AFL-CIO Committee on Immigration adopted one of the most innovative and progressive frameworks for achieving real comprehensive immigration reform. As it stands today, our immigration system is nothing more than a blueprint for exploitation of both foreign and native-born workers. Overhaul of our nation's broken immigration laws is long overdue.
We believe that America deserves a more just and democratic immigration system that protects the interests of ALL workers within our borders-immigrants and U.S.-born workers alike.
It's a tragedy that instead of advocating for permanent relief to the millions of undocumented workers already in this country, paying taxes and contributing to their communities, our nation's leaders continue to push for the same old hollow policies that if enacted will only drive immigrants further into the shadows of American society while allowing employers to depress labor protections and standards for ALL workers within our borders.
Instead of comprehensive reform, many of our leaders continue to look to outdated temporary guestworker programs as a cure-all solution. Real immigration reform cannot and should not be designed primarily to enlarge guestworker programs that have served only to provide greedy employers with a steady stream of vulnerable, indentured workers they may exploit for commercial gain.
This week AFL-CIO unions have voted on a landmark resolution that breaks away from this oppressive guestworker mold and offers a more just and viable solution that will benefit all workers. To be effective, comprehensive immigration reform must include three key, interdependent goals: 1) reform proposals MUST provide a clear and well-defined path to permanent residency for those workers already here and contributing to their communities 2) our laws must include uniform enforcement of workplace standards to ensure a more just and level playing field and 3) to achieve a blanket standard of workplace right, we MUST reject outdated guestworker constructs that by their very nature harm the interests of foreign and U.S born workers alike.
The horrific abuses suffered by workers in the first such program, the post -World War II bracero program, are well documented and indisputable. And although most people like to think of bracero programs as a phenomenon of the past, the reality is that their legacy of exploitation and abuse continues to thrive in contemporary American society through modern guestworker programs such as the H1-B and H2-B. President Junemann will talk more about how employers take advantage of H1-Bs and exploit workers while eroding wages and workplace standards within the high tech industry
We believe that there is absolutely no good reason why any immigrant who comes to this country prepared to work, to pay taxes, and to abide by our laws and rules should be relegated to this repressive, second-class guestworker status.
To embrace the expansion of temporary guestworker programs is to embrace the creation of an undemocratic, two-tiered society.
To combat this model, the AFL-CIO has put forth a more humane and democratic alternative. We propose that if employers can demonstrate a real need for outside workers, these workers should be allowed into our country with the SAME RIGHTS AND LABOR PROTECTIONS of any U.S. citizen. When there is a real need for foreign workers, we should embrace these workers NOT as "guests" but as FULL members of society --as PERMANENT RESIDENTS with full rights and full mobility that greedy employers may NOT exploit.
What immigrant workers need is a real path to legalization and a method for addressing America's future needs for outside labor in a way that guarantees immigrant workers--and thus ALL workers--full rights, and a real voice on the job. As a nation that prides itself on fair treatment and equality, we simply cannot settle for anything less.
more...
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dicarol18
07-27 07:46 PM
I sent the 140-765-485 on June 30. reached Nebraska on July 2...and I got receipt notice of 140, Does anybody know if I am going to receive Receipt Notices for 765-485 too or I have to let them know that I sent those Forms too????:confused:
Please, I will wait for an answer...
Please, I will wait for an answer...
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GCchakravyuh
07-17 01:53 AM
great news.
new important points:
1."Also under discussion is whether green cards that have gone unused in previous years could be used this year. As a result, one possible scenario is that the number of high-skilled workers who gain permanent residency in the U.S. this year could swell to more than twice the historical level. "They've got to do something," says one congressional staffer close to the discussions. "
2."Perhaps the most acute pressure on the Bush Administration is coming from Representative Zoe Lofgren (D-Calif.),...the last thing the Administration wants is for the details of the "bureaucratic, nightmarish snafu" to become public"
Just hoping that by some miracle tomorrows news is even better than expected.
BTW its the title of the article which says its all "The Gandhi Protests Pay Off". Please note its not something like "Govt yields under threat of law suits and immigrants protests"
the celebration of point 1) above gets contradicted by the passimistic fact written at the end of same article : :(
(((But that idea may face long odds. AILA's Kuck says that current law prohibits green cards from one year to be used in other years. And he thinks there is no appetite in either Congress or the White House for writing new pro-immigration legislation, after the comprehensive immigration reform proposal went down in flames earlier this summer. "I don't think they'd touch the issue with a 10-foot pole," says Kuck. "This issue has become radioactive." )))
new important points:
1."Also under discussion is whether green cards that have gone unused in previous years could be used this year. As a result, one possible scenario is that the number of high-skilled workers who gain permanent residency in the U.S. this year could swell to more than twice the historical level. "They've got to do something," says one congressional staffer close to the discussions. "
2."Perhaps the most acute pressure on the Bush Administration is coming from Representative Zoe Lofgren (D-Calif.),...the last thing the Administration wants is for the details of the "bureaucratic, nightmarish snafu" to become public"
Just hoping that by some miracle tomorrows news is even better than expected.
BTW its the title of the article which says its all "The Gandhi Protests Pay Off". Please note its not something like "Govt yields under threat of law suits and immigrants protests"
the celebration of point 1) above gets contradicted by the passimistic fact written at the end of same article : :(
(((But that idea may face long odds. AILA's Kuck says that current law prohibits green cards from one year to be used in other years. And he thinks there is no appetite in either Congress or the White House for writing new pro-immigration legislation, after the comprehensive immigration reform proposal went down in flames earlier this summer. "I don't think they'd touch the issue with a 10-foot pole," says Kuck. "This issue has become radioactive." )))
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forever
07-27 03:46 PM
Can I interfile even if PD is unavailable?
No. At the time of interfiling, the priority date should be current.
No. At the time of interfiling, the priority date should be current.
beautifulMind
07-17 11:14 AM
You are in same situation as me as long your job duties for the new position are 50% different from old position you should be ok
webm
07-11 01:42 PM
Count me..PD:EB3-I Oct,2001..AOS still pending...FP,Background check cleared per IO...
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