Pagal
07-24 04:57 PM
Hello,
If I read the USCIS news, then these are the questions I would ask myself and see if there is any serious legal concern...
1. Was I in non-pay status while working for VSG?
2. Is my job and location same as in my H-1B labor certification?
3. Are there any false documents submitted on my behalf to USCIS to support my visa petition?
If you answer no to all these questions, then legally you should be safe. However, as a further precaution, I would suggest to use AC-21 and move to another company. File a fresh labor (you can still claim the priority date from your old labor) and distance yourself from the fraudsters.
If I read the USCIS news, then these are the questions I would ask myself and see if there is any serious legal concern...
1. Was I in non-pay status while working for VSG?
2. Is my job and location same as in my H-1B labor certification?
3. Are there any false documents submitted on my behalf to USCIS to support my visa petition?
If you answer no to all these questions, then legally you should be safe. However, as a further precaution, I would suggest to use AC-21 and move to another company. File a fresh labor (you can still claim the priority date from your old labor) and distance yourself from the fraudsters.
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srinivas_o
05-08 02:27 PM
I am also in the same boat. If the current employer does not like me to move to a new position, is there anything the current employer can do stop getting GC?
My I-140 approved and I-485 is pending more than 180 days and priority date is Aug 2004 (EB3).
I got a good offer and want to leave the current employer by shifting to EAD from H1. What would be the worst case scenario the present employer can do to stop getting GC or what else I might need from him in the future regarding GC processing?
Gurus, please help.
My I-140 approved and I-485 is pending more than 180 days and priority date is Aug 2004 (EB3).
I got a good offer and want to leave the current employer by shifting to EAD from H1. What would be the worst case scenario the present employer can do to stop getting GC or what else I might need from him in the future regarding GC processing?
Gurus, please help.
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silveroaks
10-03 10:37 AM
They do the same n FL and whats worse....they only issue temporary license that expires every year.
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veni001
02-03 07:32 PM
Hey there, I have a three year bachelor's (from Australia) and an American CPA. I believe the two can be evaluated to an Ameircan Master's equivalent. Please, check with your lawyers. It should be possible.
CPA is certification not a degree so i don't think it can be evaluated towards a degree equivalence:confused:
CPA is certification not a degree so i don't think it can be evaluated towards a degree equivalence:confused:
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hmehta
12-14 01:16 PM
Best course of action would be to go to your Home Country during that period....visa stamping is not a big deal at all.....njoy your vacation...for you might not get this much off/free time in the foreseeable future!!!!
You can not work after 7/9/2007.
The end of the OPT will determine when you must stop working.
The 60 days grace period is only for you to take care of business before you go back home. In your case you must wait for 2 months and 24 days before returning to work otherwise you will be in violation of your status.
andy
You can not work after 7/9/2007.
The end of the OPT will determine when you must stop working.
The 60 days grace period is only for you to take care of business before you go back home. In your case you must wait for 2 months and 24 days before returning to work otherwise you will be in violation of your status.
andy
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newbie2020
08-17 04:13 AM
PA DMV requires atleast one document which has a later expiry to issue license, Take a letter from her employer stating she will be working in PA until a later date (Say 12/31/2011 eg). Show it to them and they will issue license.
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BMS1
11-08 12:50 PM
It appears that this 655K includes family based I485 cases too who are in a different queue.
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lazycis
05-07 02:16 PM
are you sure of this ..if yes, then how does one do that ..do you need to show you can make the salary mentioned on your own ??
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed.
Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues.
Third, as with any portability case, USCIS will focus on whether the I-140 petition represented the truly intended employment at the time of the filing of both the I-140 and the I-485. This means that, as of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed.
Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues.
Third, as with any portability case, USCIS will focus on whether the I-140 petition represented the truly intended employment at the time of the filing of both the I-140 and the I-485. This means that, as of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
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santb1975
02-15 05:41 PM
I will keep you posted on how this goes.
May you have plenty of supporters coming your way.
I am happy to report that one brave Dallas member called up and we both will be collecting letters at the DFW Temple on Sunday.
May you have plenty of supporters coming your way.
I am happy to report that one brave Dallas member called up and we both will be collecting letters at the DFW Temple on Sunday.
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desitechie
01-08 07:46 PM
My friend while leaving US he did not surrender the I-94 card. Actually he forgot it at home and the airlines allowed him to board plane without surrendering I-94. What should he do now? Guru's does any one have any experience with such situation? Please help
He needs to send it to the USCIS office in kentucky. you can google and get the address.
He needs to send it to the USCIS office in kentucky. you can google and get the address.
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Mount Soche
09-23 12:07 PM
I am a July 17th filer and my attorney received my receipts for EAD, AP and AOS on September 18th. The attorney says I should get my copy of the receipts but I haven't received anything as of today (September 23rd). Lawyer gave me receipt numbers and will send me a copy but I don't think it is necessary to have the originals.
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lost_in_migration
05-15 12:33 PM
Is there already a poll like this for EB3?
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edaltsis
11-12 01:23 PM
You can submit the current (new) company paystub. They will ask for the most recent/current paystub but not the past one. But however it cannot be ruled out that they will not ask previous ones, it all depends on the officer.
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HV000
02-17 09:56 PM
Its important to lobby Republicans as well since they tried to help us during the CIR debate. I can't recall Democratic senators helping LEGAL immigrants during the CIR debate last year!
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grupak
08-04 12:12 PM
IMHO, your best bet probably is filing another I-485 linking it with the new I-140 (EB2).
Also, send a copy of the old EB3 I-140 asking them to port the old date when you file a new I-485.
You can try to "interfile" but its an unsolicited mail as far as USCIS is concerned. There is no official form, does not generate a receipt number, and no sure way of knowing if USCIS acted on your request.
Also, send a copy of the old EB3 I-140 asking them to port the old date when you file a new I-485.
You can try to "interfile" but its an unsolicited mail as far as USCIS is concerned. There is no official form, does not generate a receipt number, and no sure way of knowing if USCIS acted on your request.
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guesswho
06-11 03:09 PM
Sunny1000,
Please be careful before replying. If you do not know, don't answer.
I have seen numerous posts that say, you can get a 3 yrs H-1 based on your previous company's I-140. (of course, it should not have been revoked). This is based on peoples experience. So don't confuse other people if you are not sure.
You cannot port your I-140 to the new company. So, your H1B will also get affected as it extn is based on the underlying I-140. The only way you can accomplish moving to company B is by filing for I-485 while still at Company A (if your dates are current), wait for 6 months and then, use the AC21 provision.
This is just my view. There might be better ways but, that is the only one I can think right now.
Please be careful before replying. If you do not know, don't answer.
I have seen numerous posts that say, you can get a 3 yrs H-1 based on your previous company's I-140. (of course, it should not have been revoked). This is based on peoples experience. So don't confuse other people if you are not sure.
You cannot port your I-140 to the new company. So, your H1B will also get affected as it extn is based on the underlying I-140. The only way you can accomplish moving to company B is by filing for I-485 while still at Company A (if your dates are current), wait for 6 months and then, use the AC21 provision.
This is just my view. There might be better ways but, that is the only one I can think right now.
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pom
05-27 09:16 AM
Come on, don't be modest, you deserve this!
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yabadaba
06-21 07:35 AM
Although that the rule..I dont think USCIS actively follows it. The reason for that being the ombudsman report that states that the adjudicating officers pick low hanging fruit first (simple strforward cases) and that is reflected on where people have been getting their 485 approved within 90 days (which the ombudsman's report states is uscis's goal). right now the processing date is holding at 9 months. maybe to dissuade people from continously calling the NSC 1800 number.
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maalelsi
02-22 09:46 PM
I went to web site and it still shows Jan processing dates.
How is it possible?
How is it possible?
lkapildev
11-13 04:21 PM
You may be lucky You can have a GC without I-140 approval. True. Your GC status is subject to I-140 Approval
You may be unlucky, USCIS might have returned your application or there is some RFE etc.
Just prey
You may be unlucky, USCIS might have returned your application or there is some RFE etc.
Just prey
gc_chahiye
08-05 11:01 PM
One of my friends AOS got rejected just because his attorney rescheduled his interview. Somehow, USCIS local office did not acknowledge his request for interview reschedule and they sent a rejection letter saying that, he did not appear for the interview so they are rejecting his application. So the bottomline is 1) Try your best to not to reschedule it 2) If you have to, make sure that USCIS acknowledges your application to reschedule it.
did your friend then file a MTR?
did your friend then file a MTR?
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