golf52
07-25 09:49 PM
Hello sss9i,
Have you found an answer to your question? I'm in a very similar
situation. I've got my I-140 approved (06/30/08), and my I-485
is pending more than 180 days.
I'm going through some interviews now (another company) and have
a good chance to get a very good offer.
Please reply with your comments.
Regards,
golf52
Have you found an answer to your question? I'm in a very similar
situation. I've got my I-140 approved (06/30/08), and my I-485
is pending more than 180 days.
I'm going through some interviews now (another company) and have
a good chance to get a very good offer.
Please reply with your comments.
Regards,
golf52
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arrarrgee
07-13 09:19 AM
I wouldn't be ....I think hez adding more value to the country then i do...i dont see any reason why he shouldnt get his green before mine:confused:
Damn I am going to be pissed off if he gets a green card before I do.
Damn I am going to be pissed off if he gets a green card before I do.
logiclife
06-01 07:04 PM
First of all, make sure you double check everything I say here with an immigration lawyer. I am not an immigration lawyer and my knowledge is based on forums like these.
Ok.
You still have another 2 months before you begin the last year of your initial 6-year H1 term.
If you new employer is willing to do H1, then FILE H1 as soon as possible. You will get a 3 year H1 term with your new employer based on your current 140 that is approved(with your current employer). The thing is - beyond the 6th year, you can get 3 year extensions of H1 if your 140 is approved(with someone, anyone, it doesnt have to be your employer at that time). Now, if you quit your current employer and go with new one and you end up getting only 1 year H1 with the new employer(in case if you cannot somehow use your current approved 140 to get a 3 year H1), then its still ok. But have your new employer start the new GC's labor right away. That way, you will have 365 days passed when your 6 year term is over in Aug 2007, making you eligible for 7th year of H1. This is very important.
Yes, if your old employer is going to withdraw your labor and 140, then your new employer will have to start GC from scratch. That begins with PERM labor. If you file under EB2, I think you can still transfer your priority date from your old EB3 labor and 140 to new EB2 process. (however, better make sure from a lawyer).
Ok.
You still have another 2 months before you begin the last year of your initial 6-year H1 term.
If you new employer is willing to do H1, then FILE H1 as soon as possible. You will get a 3 year H1 term with your new employer based on your current 140 that is approved(with your current employer). The thing is - beyond the 6th year, you can get 3 year extensions of H1 if your 140 is approved(with someone, anyone, it doesnt have to be your employer at that time). Now, if you quit your current employer and go with new one and you end up getting only 1 year H1 with the new employer(in case if you cannot somehow use your current approved 140 to get a 3 year H1), then its still ok. But have your new employer start the new GC's labor right away. That way, you will have 365 days passed when your 6 year term is over in Aug 2007, making you eligible for 7th year of H1. This is very important.
Yes, if your old employer is going to withdraw your labor and 140, then your new employer will have to start GC from scratch. That begins with PERM labor. If you file under EB2, I think you can still transfer your priority date from your old EB3 labor and 140 to new EB2 process. (however, better make sure from a lawyer).
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tabletpc
01-07 11:29 AM
its a gray area....
If your I-140 is not aproved after 180 days and if your emplyer does not respond to RFE..then your GC is gone for a toss...!!!!
its always recomended to wait untill i-140 is aproved and 180 days are over...!!!!
Not to scare you..i have also heard of emplyers revoking i-140 after it is approved which has caused tremendious pain to emplyees later in getting GC.
My advice....give your career high priority and just go with your gut feeling that things will be fine...!!!!
Good luck
If your I-140 is not aproved after 180 days and if your emplyer does not respond to RFE..then your GC is gone for a toss...!!!!
its always recomended to wait untill i-140 is aproved and 180 days are over...!!!!
Not to scare you..i have also heard of emplyers revoking i-140 after it is approved which has caused tremendious pain to emplyees later in getting GC.
My advice....give your career high priority and just go with your gut feeling that things will be fine...!!!!
Good luck
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chanduv23
03-04 11:04 AM
Dear IV Lawyers,
First of all a big thanks for all the help to the community. There is a new issue cooking up and is happening more frequently these days and the issue is with aceptance of EAD for employment.
We have been hearing cases where jobs offers are rescinded, because company deicded not to hire EAD holders or the first question a company representative asks is what kind of work authorization do you have? if someone says EAD, then the process never even goes further and doors are shut.
i - 9 form clearly says that one cannot discriminate against EAD.
At the most an employer has to verify if it is 180 days past filing 485 and if the job is similar ( which is in 99.99% of cases which is why the candidate applies for the job). After that, all an employer has to provide is a employment verification letter in case of an RFE/NOID/Wrongful denial - which means that employer does not really sponsor the Green card or transfer the process. Employer does not even have to fill out any forms or do any labor market formalities nor has to file any fees.
A simple employment verification letter is given for a lot of reasons like home mortgage, loans, bank, DMV and veriety of reasons and this is also a reason.
My question is - how do we tackle the question if work status is EAD or GC because most times it is asked as a casual question before the interview or during the interview or after the interview.
My hiring manager who was helping me with my RFE EVL (few years back) told me that in future he wont entertain such things and will make sure he does not hire anyone with such issues. I guess thats is what is happening everywhere because of the RFEs or wrongful denials and with the tough job market, it is a good way to filter out people.
Your suggestions and comments are appreciated.
First of all a big thanks for all the help to the community. There is a new issue cooking up and is happening more frequently these days and the issue is with aceptance of EAD for employment.
We have been hearing cases where jobs offers are rescinded, because company deicded not to hire EAD holders or the first question a company representative asks is what kind of work authorization do you have? if someone says EAD, then the process never even goes further and doors are shut.
i - 9 form clearly says that one cannot discriminate against EAD.
At the most an employer has to verify if it is 180 days past filing 485 and if the job is similar ( which is in 99.99% of cases which is why the candidate applies for the job). After that, all an employer has to provide is a employment verification letter in case of an RFE/NOID/Wrongful denial - which means that employer does not really sponsor the Green card or transfer the process. Employer does not even have to fill out any forms or do any labor market formalities nor has to file any fees.
A simple employment verification letter is given for a lot of reasons like home mortgage, loans, bank, DMV and veriety of reasons and this is also a reason.
My question is - how do we tackle the question if work status is EAD or GC because most times it is asked as a casual question before the interview or during the interview or after the interview.
My hiring manager who was helping me with my RFE EVL (few years back) told me that in future he wont entertain such things and will make sure he does not hire anyone with such issues. I guess thats is what is happening everywhere because of the RFEs or wrongful denials and with the tough job market, it is a good way to filter out people.
Your suggestions and comments are appreciated.
dvb
07-28 02:24 PM
Your Payments When You Are Outside The United States (http://ssa.gov/international/countrylist4.htm) ??? What does this mean .... looks like you can claim benefits.
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s_r_e_e
08-15 11:26 AM
you just beat me in posting this
:D
happend to have oh law site open on the side while reading this... it was easy to find the faq link in there :)
:D
happend to have oh law site open on the side while reading this... it was easy to find the faq link in there :)
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james_bond_007
03-13 12:01 AM
Congratulations !!
Looks like TSC abandoned online status updates and emails. My case has been assigned to an officer (again) and enroute to I-485 manager as of Feb 3rd 2008 ( senator feedback ). So far no LUD's or emails.. Looks like instead of checking for emails every other minute , I have to wait for regular mail now.. unfortunately I can do that only once per day !! :( ..
Looks like TSC abandoned online status updates and emails. My case has been assigned to an officer (again) and enroute to I-485 manager as of Feb 3rd 2008 ( senator feedback ). So far no LUD's or emails.. Looks like instead of checking for emails every other minute , I have to wait for regular mail now.. unfortunately I can do that only once per day !! :( ..
more...
Sakthisagar
10-27 09:43 AM
to be 'fair' FOX is better in the sense we know what we are getting but if u look at NPR, CNN, CBS, ABC, NBC, they make us believe they are giving out a balanced view of the world but they all have a 'liberal' agenda, to understand the issues better you have to listen to both sides of the argument, by criticizing FOX over and over in this forum we are shutting down cone side of the argument, many commentators on FOX expressed their supporting of legal immigration,
Legal immigration problem cannot be solved by these channels. FOX channel is extreme right when it comes to the matter and interests of one of the party Republican party and they are biased for Tea scum bag party. But when it comes to other countries right issue they become middle men and the saviours of democracy. Please see below how they address India's own Nationalist and valid issues.
Tensions Rise Between Hindu Radicals, Urbanites in Mumbai - FoxNews.com (http://www.foxnews.com/world/2010/10/26/tension-rises-hindu-radicals-urbanites-mumbai/)
any media in any country for that matter is biased, and mostly controlled by ruling party and their business interest. Never ever believe their analysis and take decisions.
Legal immigration problem cannot be solved by these channels. FOX channel is extreme right when it comes to the matter and interests of one of the party Republican party and they are biased for Tea scum bag party. But when it comes to other countries right issue they become middle men and the saviours of democracy. Please see below how they address India's own Nationalist and valid issues.
Tensions Rise Between Hindu Radicals, Urbanites in Mumbai - FoxNews.com (http://www.foxnews.com/world/2010/10/26/tension-rises-hindu-radicals-urbanites-mumbai/)
any media in any country for that matter is biased, and mostly controlled by ruling party and their business interest. Never ever believe their analysis and take decisions.
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raysaikat
01-19 04:23 PM
My wife's co. provides health insurance for both of us. We are both on H1-B.
If my wife quits her job, can we still be eligible for COBRA because at that point she will be doing COS to H4.
If someone has any experience or knowledge about this please reply. It will help us deal things better as we are better prepared with what could be our options.
Does COBRA depend on H1-B status? Also recently Obama administration has worked a plan where the payments on COBRA are less than the usual amounts, COBRA subsidy? Can you provide details regarding that?
In COBRA, you would have to pay the *entire* insurance cost from your pocket. It may comes out $500-$1000 to be a month per person depending on the state and coverage. Unless you have a known condition that makes you very risky, it is usually too expensive to carry forth.
Note by the way, the catch of some individual insurances (not COBRA). Other than being costlier, many of them consider each period as a "new" enrollment (even if you are getting the same insurance from the same company), and therefore, they will declare anything that was found in the previous period as "pre-existing" in the new period and deny coverage.
Read fine prints very carefully.
If my wife quits her job, can we still be eligible for COBRA because at that point she will be doing COS to H4.
If someone has any experience or knowledge about this please reply. It will help us deal things better as we are better prepared with what could be our options.
Does COBRA depend on H1-B status? Also recently Obama administration has worked a plan where the payments on COBRA are less than the usual amounts, COBRA subsidy? Can you provide details regarding that?
In COBRA, you would have to pay the *entire* insurance cost from your pocket. It may comes out $500-$1000 to be a month per person depending on the state and coverage. Unless you have a known condition that makes you very risky, it is usually too expensive to carry forth.
Note by the way, the catch of some individual insurances (not COBRA). Other than being costlier, many of them consider each period as a "new" enrollment (even if you are getting the same insurance from the same company), and therefore, they will declare anything that was found in the previous period as "pre-existing" in the new period and deny coverage.
Read fine prints very carefully.
more...
ita
01-16 11:13 AM
Thank you so much vin13.
So in the case of company C's H1 it will be part of yearly quota and so will have to go through lottery system right?
So there will be a chance of H1 not going through the lottery(no matter even if the applicant was on H1 before)?
Thank you again.
Lets say , you move out of H1-b (company A)and start using your EAD (at Company B). Now after a few weeks you find another employer (company C) who is willing to do your H1-B. Then this is subject to the yearly Quota because you lost your H1-B status immediately after you started using your EAD (at Company B).
You can now move to Company C using your EAD and then apply under the new quota for H1-B in April for a start date of October (new fiscal year). Company C may not be reluctant or hesitant in your case because you can keep working for them from Day 1 and you continue on your EAD even if you do not get H1-B.
Company C will be hesitant only if you do not have EAD and you need to wait for the approval before you can work.
So in the case of company C's H1 it will be part of yearly quota and so will have to go through lottery system right?
So there will be a chance of H1 not going through the lottery(no matter even if the applicant was on H1 before)?
Thank you again.
Lets say , you move out of H1-b (company A)and start using your EAD (at Company B). Now after a few weeks you find another employer (company C) who is willing to do your H1-B. Then this is subject to the yearly Quota because you lost your H1-B status immediately after you started using your EAD (at Company B).
You can now move to Company C using your EAD and then apply under the new quota for H1-B in April for a start date of October (new fiscal year). Company C may not be reluctant or hesitant in your case because you can keep working for them from Day 1 and you continue on your EAD even if you do not get H1-B.
Company C will be hesitant only if you do not have EAD and you need to wait for the approval before you can work.
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prince_waiting
08-31 11:45 AM
Dont worry about it guys........
Every American who owns an IPOD and can surf the web thinks that he is hi-tech....
Americans still expect six figues salaries after high school educaiton....
My boss has been trying to hire a couple of EEs since the past couple of months but is not successful.....Ultimately he had to request me to find Indians graduating in the coming fall semester from the local university....
Also the poll shoule be structured as "Do you think American school system is not producing enough skilled workers with knowledge in STEM fields?"
'High tech jobs' and 'qualified workers' are all distractive terms for the larger malice in place: Americans taking for granted that jobs will be lined for them when they step out of college.
As a matter of fact Mr. Lou Dobbs is doing a big disservice to the American people by lying and not encounraging them to face the harsh truth that there is a lot of competition out there and please be prepared to face it.
Every American who owns an IPOD and can surf the web thinks that he is hi-tech....
Americans still expect six figues salaries after high school educaiton....
My boss has been trying to hire a couple of EEs since the past couple of months but is not successful.....Ultimately he had to request me to find Indians graduating in the coming fall semester from the local university....
Also the poll shoule be structured as "Do you think American school system is not producing enough skilled workers with knowledge in STEM fields?"
'High tech jobs' and 'qualified workers' are all distractive terms for the larger malice in place: Americans taking for granted that jobs will be lined for them when they step out of college.
As a matter of fact Mr. Lou Dobbs is doing a big disservice to the American people by lying and not encounraging them to face the harsh truth that there is a lot of competition out there and please be prepared to face it.
more...
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wandmaker
01-02 06:58 PM
When do you think a person with PD of Nov 2007 ,EB3 from India, would be able to file for 485??
If each and every registered member supports IV with money, time or both then you will be able to file in 3/4 years otherwise 2025. Contributing money is most important task to start with
If each and every registered member supports IV with money, time or both then you will be able to file in 3/4 years otherwise 2025. Contributing money is most important task to start with
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vinabath
03-26 11:09 AM
0%
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knnmbd
08-29 03:07 PM
I did a little research I think that depends on the University and not in the type of master degree (on campus, online). There are some well known Universities that offer Online Master degrees like SMU, Michigan, Harvard, Illinois accredited by their respective boads.
You are missing the crux of my message; buying education for a GC is not the purpose of the SKIL bill. It is intended to retain foreign workers who willfully enrolled in a U.S advance degree program to pursue higher studies, and as oh! By the way that also helps you to get your GC quicker; it’s not the other way around .
You are missing the crux of my message; buying education for a GC is not the purpose of the SKIL bill. It is intended to retain foreign workers who willfully enrolled in a U.S advance degree program to pursue higher studies, and as oh! By the way that also helps you to get your GC quicker; it’s not the other way around .
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skd
07-08 11:06 PM
IV core , can we also post our such questions like July 2nd "fiasco".
And rather as family question (like this video) we can do as IV organisation question ?
What do you say ?
And rather as family question (like this video) we can do as IV organisation question ?
What do you say ?
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Prashanthi
05-20 05:39 PM
Your company must file an amended petition for the reduced hours, they will have to follow the current prev wage survey, might be a problem to get a transfer if the USICS notices the low wages, yes they might evaluate the case again.
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Siboo
07-27 04:12 PM
Can someone go fr 2 jobs after EAD approval( i will use my EAD). Is is required that the job description of these jobs has to be same as filed in the application ? appreciate your help
I think you need seperate EADs for each jobs. 2 jobs means 2 EADs..:confused:
Common, You can do any number of jobs with ONE EAD. If you don't invoke AC 21, then why are you worrying about Job Description???
I think you need seperate EADs for each jobs. 2 jobs means 2 EADs..:confused:
Common, You can do any number of jobs with ONE EAD. If you don't invoke AC 21, then why are you worrying about Job Description???
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fromnaija
03-18 04:20 PM
would that invalidate the SSN?
No. Once allocated, SSN cannot become invalid; it is yours for life. So, not renewing EAD will not invalidate SSN.
No. Once allocated, SSN cannot become invalid; it is yours for life. So, not renewing EAD will not invalidate SSN.
bluekayal
08-21 07:16 PM
To the red dot distributor
You said to me:
"Doesn't make any sense....let them then work on the SRs instead of answering calls...bottom line is that pointless calls are taking time away from real work."
These calls go to the IIO (ay-ay-oh!) not to adjudication officers. Now, why don't you stop distributing red dots? So rest easy, your GC will come when it will, red dot, or no red dot.
You said to me:
"Doesn't make any sense....let them then work on the SRs instead of answering calls...bottom line is that pointless calls are taking time away from real work."
These calls go to the IIO (ay-ay-oh!) not to adjudication officers. Now, why don't you stop distributing red dots? So rest easy, your GC will come when it will, red dot, or no red dot.
haritha
02-19 08:54 PM
Cataphract
Thanks for the update. This surely will inspire many more. You guys form a Brilliant Team. Good luck.
Haritha.
Thanks for the update. This surely will inspire many more. You guys form a Brilliant Team. Good luck.
Haritha.
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