kaisersose
06-26 09:01 AM
Hi,
I have posted the same issue in another thread but i did not get any response So I'm changing the title and reposting.
I have been working for my current employer from last 4 years.I have good relations with my employer.I have 140 approved and my 485 is pending for more than 180 days.Now I want to join any new employer using my EAD.But I don't want to invoke AC 21.If my dates are current again and if i get any RFE I will submit the offer letter from my old employer.
My case is I'm using EAD after 140 is approved and 485 is pending more than 180 days and joining a new employer.As GC is future employment I can always say that I will join my old employer when ever i get a GC.This way I can avoid AC 21. Also If my employer doesn't give me the offer letter I can still manage to get it from any Consulting firm with same job title and same salary.
Can any one suggest me on this?
Thanks
h12gc
If you are working for A, but respond to a RFE with an offer letter from B - for whom you have no intention of working - then you are breaking the law.
Your job with A should be similar to your Labor job and you should respond to any RFE with a copy of your offer letter from A.
I have posted the same issue in another thread but i did not get any response So I'm changing the title and reposting.
I have been working for my current employer from last 4 years.I have good relations with my employer.I have 140 approved and my 485 is pending for more than 180 days.Now I want to join any new employer using my EAD.But I don't want to invoke AC 21.If my dates are current again and if i get any RFE I will submit the offer letter from my old employer.
My case is I'm using EAD after 140 is approved and 485 is pending more than 180 days and joining a new employer.As GC is future employment I can always say that I will join my old employer when ever i get a GC.This way I can avoid AC 21. Also If my employer doesn't give me the offer letter I can still manage to get it from any Consulting firm with same job title and same salary.
Can any one suggest me on this?
Thanks
h12gc
If you are working for A, but respond to a RFE with an offer letter from B - for whom you have no intention of working - then you are breaking the law.
Your job with A should be similar to your Labor job and you should respond to any RFE with a copy of your offer letter from A.
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sanax
11-30 09:35 PM
I have seen people talking about getting approvals with misdemeanors, but each case may be different. Murthy.com forums has a special section for people dealing with misdemeanor issues and have gone through the process, may be you will get some more tips about preparing for the interview there. Good Luck!
Thank you, I appreciate your link.
Thank you, I appreciate your link.
sunny1000
04-07 04:02 PM
But what happens if they send out FP notice and she doesn't do FP...it is going to be few years to get divorce as we have daughter...So i am pretty much sure i will get GC before we get divorce...At this point i cannot let USCIS know also because we are not yet divorced.
At this time, you don't have to inform USCIS of anything as your status has not changed from "married" to "divorced". There is no "seperated" status in I-485.
If you get your GC and your wife is still back in India, hers will be considered abandoned for a lack of Parole (unless she comes back, renews her parole before Sept 2008 and goes back again).
My personal 2 cents, if I were you, I will make sure that the child's application is intact (unless she is a U.S citizen).
What did your lawyer say?
At this time, you don't have to inform USCIS of anything as your status has not changed from "married" to "divorced". There is no "seperated" status in I-485.
If you get your GC and your wife is still back in India, hers will be considered abandoned for a lack of Parole (unless she comes back, renews her parole before Sept 2008 and goes back again).
My personal 2 cents, if I were you, I will make sure that the child's application is intact (unless she is a U.S citizen).
What did your lawyer say?
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gc_on_demand
12-02 09:51 AM
What are chances of Dream Act? --> No one can predict. Depends on how Bush era tax cut bill goes through. Dems has added few provision to please Republicans so they are improving chances.
What are the chances of including our provisions in the bill? --> At this point Republicans want enforcement. They may not bargain for legal immigration in this bill. Rather they may prefer to add some tough rule for dreamers.
What happens if the bill passes without our provisions? ---> We will still have a chance to have our bill as piecemeal or just sit and watch
What happens if the bill fails? --> I hope they get it done, Dreamers are more enthusiastic than us and unless they get it these lawmakers will not think about us. Also they can set example that piecemeal is possible.
WHAT ARE OUR CHANCES IN 2011? --> As I said if dreamer can get their bill done, and CHC doesn't hold any piecemeal in future chances are there. but I doubt CHC will allow any legal immigration bill until Dems are in power of either of house.
See reply in red
What are the chances of including our provisions in the bill? --> At this point Republicans want enforcement. They may not bargain for legal immigration in this bill. Rather they may prefer to add some tough rule for dreamers.
What happens if the bill passes without our provisions? ---> We will still have a chance to have our bill as piecemeal or just sit and watch
What happens if the bill fails? --> I hope they get it done, Dreamers are more enthusiastic than us and unless they get it these lawmakers will not think about us. Also they can set example that piecemeal is possible.
WHAT ARE OUR CHANCES IN 2011? --> As I said if dreamer can get their bill done, and CHC doesn't hold any piecemeal in future chances are there. but I doubt CHC will allow any legal immigration bill until Dems are in power of either of house.
See reply in red
more...
rolrblade
06-26 08:44 AM
Although you dont realize, in this case, you would be using AC21....Your I-140 is approved and I-485 pending for 180 days, and you are moving from your original GC sponsor to a different employer. That is AC21 for you! The part of law that allows you to port your GC from original GC sponsor to a different employer.
Think of this scenario. You work for Company A on H1/L1. Company B sponsors your GC. You join B after you get your GC. In this case, there is no Ac21 involved. But in your case, according to my understanding, you would be invoking AC21.
Thanks!
I completely agree with gcisadawg. Technically you are invoking AC21 if after your GC is approved, you do not work for the petitioning employer. Also curious, as to why you wouldnt want to send in a letter for AC21, unless your job duties are not "Same or similar", in which case you run a bigger risk.
Think of this scenario. You work for Company A on H1/L1. Company B sponsors your GC. You join B after you get your GC. In this case, there is no Ac21 involved. But in your case, according to my understanding, you would be invoking AC21.
Thanks!
I completely agree with gcisadawg. Technically you are invoking AC21 if after your GC is approved, you do not work for the petitioning employer. Also curious, as to why you wouldnt want to send in a letter for AC21, unless your job duties are not "Same or similar", in which case you run a bigger risk.
aanurags
10-21 03:48 PM
I am thinking of switching the company and look for new job. I am not sure how this will work when I am on EAD and not expecting my GC to come soon as my priority date (EB3) is March 2005.
Possibly the new job will not be 100% aligned with the job desc that was put during the LC.
Do any one can help me guide what are my options?
Possibly the new job will not be 100% aligned with the job desc that was put during the LC.
Do any one can help me guide what are my options?
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Picasa
01-22 03:48 PM
What do you mean by 4 part payments?
Here is the scenario
Lets say I have Rs 100,000 principal loan and I can make 4 payments of Rs 22,000 (4X22,000= 88,000) and tells ICICI bank to span rest of Rs. 12,000 (100,000-88,000=12000) in 13 EMI.
Please correct me if I am wrong.
Also note - you are allowed only 4 part payments in a year. Especially with ICICI bank. So plan carefully. That way you are left with only 13 EMI's with a smaller amount.
Here is the scenario
Lets say I have Rs 100,000 principal loan and I can make 4 payments of Rs 22,000 (4X22,000= 88,000) and tells ICICI bank to span rest of Rs. 12,000 (100,000-88,000=12000) in 13 EMI.
Please correct me if I am wrong.
Also note - you are allowed only 4 part payments in a year. Especially with ICICI bank. So plan carefully. That way you are left with only 13 EMI's with a smaller amount.
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sdrblr
02-04 08:52 AM
My experience says dont worry unless someone else comes back and say they had issues with different A#s on 140 and 485. I had applied for EAD and AP on the A# of 485 and was approved. Finally my GC has the A# on 485.
Eventually it is your call.
What does your attorney say?
Eventually it is your call.
What does your attorney say?
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Templarian
08-19 10:04 AM
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AmitBohra
04-17 02:19 PM
i talked to my lawyer and he says you need to withdraw the old 485 and apply for new 485 using marriage. he also said that once i withdraw my 485 based on employment my EAD will be revoked too and till i dont get my EAD through marriage i can work. All this didnt make any sense to me. I think he doesnt know what is he talking.
I believe more in IV gurus....
Oh fiancee and finance so damn confusing...I wish i could get some finance...lol
I believe more in IV gurus....
Oh fiancee and finance so damn confusing...I wish i could get some finance...lol
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me_myself
03-05 03:06 AM
There is a sudden change of plan. My company wants me in US for two months - March 15 - May 15. Then i have to go back to India till Dec 09 and come back to join work from Jan 2010. My questions -
1. Will i be facing any questions at the immigration (point of entry) when i come back on Jan 2010?
2. Any other situation or scenario that i should be aware of?
3. If i receive pay check for just two months in 09, will there be a problem when i file taxes for 2009?
4. How long can i stay outside US on a H1b visa?
Thanks a lot.
1. Will i be facing any questions at the immigration (point of entry) when i come back on Jan 2010?
2. Any other situation or scenario that i should be aware of?
3. If i receive pay check for just two months in 09, will there be a problem when i file taxes for 2009?
4. How long can i stay outside US on a H1b visa?
Thanks a lot.
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clazale
06-13 10:55 AM
A similiar situation happened with my friend, his green card was in his wallet and his wallet got stolen from his car. Just call USCIS and they will tell you how to apply for a replacement card. If you even want to travel outside the country before you get your replacement card, they will stamp your passport indicating that you have a green card. My friend got his passport stamped and travelled outside the country twice using that stamp. Its not a problem but as usual everything with USCIS costs a lot. So the cost for the replacement cards will be high.
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gconmymind
11-12 03:35 PM
Gurus,
I am on H1B in USA and now I am planning to set up a company in India. Will I be violating any laws by doing this.
Can I operate the company from USA and still get payed in India. My clients will be paying my company in India.
Will I have to pay taxes in USA.
Thank you for your time.
If you are doing the work from USA, then you have to get paid in USA and pay US taxes.
If you are getting the work done from India, only then your clients can pay your company in India.
This is my understanding. Talk to your lawyer and CPA.
I am on H1B in USA and now I am planning to set up a company in India. Will I be violating any laws by doing this.
Can I operate the company from USA and still get payed in India. My clients will be paying my company in India.
Will I have to pay taxes in USA.
Thank you for your time.
If you are doing the work from USA, then you have to get paid in USA and pay US taxes.
If you are getting the work done from India, only then your clients can pay your company in India.
This is my understanding. Talk to your lawyer and CPA.
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ganesha
09-04 01:32 PM
I received CPO email's for me and my son. My wife's online status is unchanged (no emails yet...). We have not received the Welcome email yet....
Folks;
I received an approval notification through the CRIS system of USCIS. Almost everyone who I saw got approved got a CPO and welcome message email. Don't know what to make out of it...my lawyer is also mum on the issue.
Here is the content:
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Approval notice sent.
On September 3, 2009, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Also I as the primary applicant only received the mail...my wife's status is still unchanged...
Best,
SoP
Folks;
I received an approval notification through the CRIS system of USCIS. Almost everyone who I saw got approved got a CPO and welcome message email. Don't know what to make out of it...my lawyer is also mum on the issue.
Here is the content:
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Approval notice sent.
On September 3, 2009, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Also I as the primary applicant only received the mail...my wife's status is still unchanged...
Best,
SoP
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kirupa
04-22 05:22 PM
sparky - I really like your third one. I haven't seen a lot of green stamps. Anyhoo, add some text like the dolllar/cent value of the stamp and I'll add it up :)
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Hassan11
04-14 03:08 PM
what is the fee for I-131 is it $305 or $385? do I need to pay for the biometric fee? I already have my FP done when I applied for I-485. I sent my I-485 before the fee increase so I have to pay each time I renew EAD or apply for Travel document. Please advise. Thanks
more...
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harrydr
01-26 07:10 AM
So does this mean that the dates haven't moved a bit for the month of March or we should wait until the 10th of february to get the visa bulletin for March??
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bharol
01-12 01:56 AM
I have Canadian GC since 2.9 years ago. I have to move to Canada in the next 2-3 months in order to maintain it. Should I move? I have stable job in US. I mostly thought I would have received my US GC by now. Is there any legal implications if I don't move. Do I just have to mail my canadian GC back to canadian consultate?
It is your call.
If you think your job is quite stable and you would be OK for next 1-2 years and your PD is close it is worth staying here because if US economy is bad I don't think Canadian Economy would do very good either.
Otherwise you should try to maintain canadian GC. As they say a bird in hand..... If you can find a job in canada life there is good. I was in a similar dilemma as you last year but by God's grace got my GC in time.
Some people told me last year that Canadians are not very strict about enforcing 3 year presence rule. Some people were admitted even after they stayed out for more than 3 years after landing.
But today I read on this forum that they strict these days.
It is your call.
If you think your job is quite stable and you would be OK for next 1-2 years and your PD is close it is worth staying here because if US economy is bad I don't think Canadian Economy would do very good either.
Otherwise you should try to maintain canadian GC. As they say a bird in hand..... If you can find a job in canada life there is good. I was in a similar dilemma as you last year but by God's grace got my GC in time.
Some people told me last year that Canadians are not very strict about enforcing 3 year presence rule. Some people were admitted even after they stayed out for more than 3 years after landing.
But today I read on this forum that they strict these days.
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virginia_desi
02-13 03:28 PM
PD: October 2, 2002
Country: India
First Labor: EB3 (approved in May 2006)
First I-140 approved: July 2006
Second Labor: EB2 (filed in June 2007 and approved in December 07)
Second I-140: Filed in January 2008 requesting retention of priority date
I-485: Filed in April 2008
Second I-140 approved in August 2008 with incorrect priority date
Contacted AILA in December 2008 because priority date was incorrect on second approved I-140.
USCIS email on February 9.
Country: India
First Labor: EB3 (approved in May 2006)
First I-140 approved: July 2006
Second Labor: EB2 (filed in June 2007 and approved in December 07)
Second I-140: Filed in January 2008 requesting retention of priority date
I-485: Filed in April 2008
Second I-140 approved in August 2008 with incorrect priority date
Contacted AILA in December 2008 because priority date was incorrect on second approved I-140.
USCIS email on February 9.
yetanotherguyinline
04-07 06:10 PM
Hi Friends.
I got the pink slip 3 weeks back with one month severance. So my target was to secure the job in one month to avoid loss of pay. Finally secured the job with 3 offers from 3 top companies.
Some tips if it may be helpful to others , that I recently expereinced
1. Read your resume thoroughly and see if there are anything that you can improve and make the resume with the core skills, do not make the resume of mix of different profiles, like dba, architect, project manager, make them all seperate.
2. Try to make the submission to the direct employer or recruiter on top of the chain. You can do that finding contacts on linked in.
3. Do not compromise a lot, this makes these recruiters to think that you are vulnerable for any exploitation, (happened with me, I kicked there butt after getting selected and telling them on why did I do that)
All the best to everyone.
Congrats.
Did you have to take a pay cut or did you get a hike? How are salaries for new employees in this market? You can PM me if you dont want to answer on this forum. Just curious...
I got the pink slip 3 weeks back with one month severance. So my target was to secure the job in one month to avoid loss of pay. Finally secured the job with 3 offers from 3 top companies.
Some tips if it may be helpful to others , that I recently expereinced
1. Read your resume thoroughly and see if there are anything that you can improve and make the resume with the core skills, do not make the resume of mix of different profiles, like dba, architect, project manager, make them all seperate.
2. Try to make the submission to the direct employer or recruiter on top of the chain. You can do that finding contacts on linked in.
3. Do not compromise a lot, this makes these recruiters to think that you are vulnerable for any exploitation, (happened with me, I kicked there butt after getting selected and telling them on why did I do that)
All the best to everyone.
Congrats.
Did you have to take a pay cut or did you get a hike? How are salaries for new employees in this market? You can PM me if you dont want to answer on this forum. Just curious...
anai
06-20 08:48 AM
When I saw the title of the thread, I first thought Dan Quayle is posting on immigration voice.
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