yagw
07-03 09:26 PM
Hi, can you share any link, if there is any statute on this which says one must work for 1 year after GC? In fact the law allows one to file GC as future employee and get GC and CTzenship while never actually working for that employer (some say working for 180 days is enough at any point for an employer in gc journey). I am not trying to look down at some one but trying to clarify what I learnt from online research (http://immigration-information.com/forums/retention-of-us-residency/5582-changing-employer-after-green-card.html), so that no one makes bad decision due to wrong fear.
DISCLAIMER: I am not an attorney and this is not a legal advice.
There is no clear rule which states that you need to work for 1 year for the sponsoring employer after getting GC. It just requires that, you do not have any preconceived notion of leaving the employer immediately after getting the GC. That would create problem in the citizenship stage. And the burden is on you to prove that it is not your intention when you applied GC. So, attorneys advice their clients to stick around for a while (6-mo to 1 year).
* For Sheila Muthy's take on this:
MurthyDotCom : 485 FAQs (http://www.murthy.com/485faq.html#13)
* For Rajiv Khanna's take on this:
How soon can I leave the employer after I get my GC - ImmigrationPortal Forums (http://forums.immigration.com/blog.php?b=36)
* I see Ron Gotcher has a different take (from your link)
You can search the web for lot of discussions on this topic. BTW, as I mentioned, I have never heard of any case denied because of leaving employer immediately after GC.
DISCLAIMER: I am not an attorney and this is not a legal advice
DISCLAIMER: I am not an attorney and this is not a legal advice.
There is no clear rule which states that you need to work for 1 year for the sponsoring employer after getting GC. It just requires that, you do not have any preconceived notion of leaving the employer immediately after getting the GC. That would create problem in the citizenship stage. And the burden is on you to prove that it is not your intention when you applied GC. So, attorneys advice their clients to stick around for a while (6-mo to 1 year).
* For Sheila Muthy's take on this:
MurthyDotCom : 485 FAQs (http://www.murthy.com/485faq.html#13)
* For Rajiv Khanna's take on this:
How soon can I leave the employer after I get my GC - ImmigrationPortal Forums (http://forums.immigration.com/blog.php?b=36)
* I see Ron Gotcher has a different take (from your link)
You can search the web for lot of discussions on this topic. BTW, as I mentioned, I have never heard of any case denied because of leaving employer immediately after GC.
DISCLAIMER: I am not an attorney and this is not a legal advice
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abhaykul
12-20 10:00 AM
Early this year I flew via Frankfurt ( Air India). I did not have a transit visa. Late last year my parents came from India via FF and no prblems. They went out via FF too.. No Transit visa. I travelled using parole though. My parents with B1 visa.
You had AP which is as good as stamped visa and your parents were on B1 and I am sure they had stamped visa too.. Lets not confuse her
I would shed 40 odd dollars for s Transit visa than facing the consequences on the airport
You had AP which is as good as stamped visa and your parents were on B1 and I am sure they had stamped visa too.. Lets not confuse her
I would shed 40 odd dollars for s Transit visa than facing the consequences on the airport
akhilmahajan
08-21 02:33 PM
I Think initial evidence is only employer letter, medical exam and fees, all other are secondary evidence.
Was getting worried about it.
Now its all good.
Was getting worried about it.
Now its all good.
2011 Video de funny accident,
desi3933
05-12 05:30 PM
Dude, Dont argue for the sake of argument. Please go and read 245(k) first.
You cannot just go an re-enter based on a visa after filing 485 and restart your clock.
the period is considered from 485 "filing date" till its decision.
See the below exact wordings from 245(k). Especially the letters in BOLD.
========================
(1) the alien, ON THE DATE OF FILING an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to SUCH LAWFUL ADMISSION has not, for an aggregate period exceeding 180 days--
========================
Please read the USCIS memo in my previous post.
Text from Page 3
The adjudicator must only examine the period from the date of the alien’s last lawful admission to the United States and must not count violations that occurred before the alien’s last lawful admission.
.
You cannot just go an re-enter based on a visa after filing 485 and restart your clock.
the period is considered from 485 "filing date" till its decision.
See the below exact wordings from 245(k). Especially the letters in BOLD.
========================
(1) the alien, ON THE DATE OF FILING an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to SUCH LAWFUL ADMISSION has not, for an aggregate period exceeding 180 days--
========================
Please read the USCIS memo in my previous post.
Text from Page 3
The adjudicator must only examine the period from the date of the alien’s last lawful admission to the United States and must not count violations that occurred before the alien’s last lawful admission.
.
more...
deccan605
05-04 09:37 PM
Hi,
my wife is not from TVU.. we applied f1 to H4 I-539 COS ..should she take full time classes to maintain her f1 status while H4 COS is pending..?
Please reply..
Regards
my wife is not from TVU.. we applied f1 to H4 I-539 COS ..should she take full time classes to maintain her f1 status while H4 COS is pending..?
Please reply..
Regards
siravi
12-20 01:08 PM
Another suggestion.
Aside from putting your name in the mailbox, befriend the regular USPS guy handling your area and tell him/her that you are waiting for a very important mail from Federal Gov't that's why you are putting your name inside the mailbox.
This helped a lot when I was waiting for my EAD. I got a guarantee from the USPS guy that any mail with name on it will never be returned to sender.
Thanks, JunRN
I have in fact planned to talk to the mail carrier today. It is helpful to know that it worked in your case! Thanks!
Aside from putting your name in the mailbox, befriend the regular USPS guy handling your area and tell him/her that you are waiting for a very important mail from Federal Gov't that's why you are putting your name inside the mailbox.
This helped a lot when I was waiting for my EAD. I got a guarantee from the USPS guy that any mail with name on it will never be returned to sender.
Thanks, JunRN
I have in fact planned to talk to the mail carrier today. It is helpful to know that it worked in your case! Thanks!
more...
bestin
12-15 01:01 AM
XbvadkPXZpY
great clippings...................impressed............. .....
great clippings...................impressed............. .....
2010 funny accident videos.
forever
07-23 07:08 PM
I should get a NEXUS card
What is this NEXUS card? Is it applicable for Canadians only?
What is this NEXUS card? Is it applicable for Canadians only?
more...
Lasantha
07-16 10:38 AM
I am in!
Let me know where and when.
Lasantha
Let me know where and when.
Lasantha
hair Funny Accident
Gravitation
12-07 10:41 PM
1) It constitutes the very same members who have killed immigration reform for skilled immigrants saying that it has to be part of larger immigration bill
2) Larger immigration bill = CIR = something they will never let happen while they are in the majority
Conclusion: While these protectionists are around they will not let any immigration occur
However Senator Cornyn and others' resolve will be rewarded in the new year. Democrats will take over all important immigration committee positions and voting leverage over from these do nothing congressmen. Be happy that republicans did not win majority or there would have been more of the do nothing stuff
They'r enot facing an election now.
We can do a better job of contacting congressmen this time.
Even after all ups and downs, immigration legislation hasn't died. It means they do want to address it.
If we're pessimistic about outcome, our efforts will falter and it becomes a self-fulfilling profecy.
2) Larger immigration bill = CIR = something they will never let happen while they are in the majority
Conclusion: While these protectionists are around they will not let any immigration occur
However Senator Cornyn and others' resolve will be rewarded in the new year. Democrats will take over all important immigration committee positions and voting leverage over from these do nothing congressmen. Be happy that republicans did not win majority or there would have been more of the do nothing stuff
They'r enot facing an election now.
We can do a better job of contacting congressmen this time.
Even after all ups and downs, immigration legislation hasn't died. It means they do want to address it.
If we're pessimistic about outcome, our efforts will falter and it becomes a self-fulfilling profecy.
more...
prince_waiting
11-09 03:11 PM
About 6 engineers left our company in the past 6 months and my boss was not able to find replacements despite aggressive hiring efforts.
So he decided to outsource project verification work of about half a million USD to HCL India.
I should have called these jerks at NPR and should have told them to send some of these so called unemployed engineers over to our company.
When the DOL is repeatedly pointing to the fact that the current unemployment in EEs is below 2% I dont know where these idiots get their numbers from.
So he decided to outsource project verification work of about half a million USD to HCL India.
I should have called these jerks at NPR and should have told them to send some of these so called unemployed engineers over to our company.
When the DOL is repeatedly pointing to the fact that the current unemployment in EEs is below 2% I dont know where these idiots get their numbers from.
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gimmemygreen
09-14 03:56 PM
Awesome for some(full timers) and terrible for others(bodyshopping).
This will create more demand for skilled professionals.
This will create more demand for skilled professionals.
more...
house Funny accident part2
binjosmurthy
07-01 07:47 AM
Could you please reply soon to my below questions:
1) What are the options if labor was filed, then lost job, then COS from H1 to F1 gets denied?
2) Can re-appeal of denial from H1 to F1 COS possible? If so how can this be done and what is the success rate?
3) What is the success rate of going back to home country and re-applying for F1 visa?
Please share your knowledge. Thank You!
Corrections:
Since your employer has filed a labor before you might have problems in transferring to F1 (Since you have shown intent to immigrate).
Immigrant intent is only established by the I140 and or I485 filing. At the Labor cert stage, USCIS is generally not involved. LC is only a process to determine the validity of the job offered to a foreign national for which qualified US citizens are not available.
3. Even if both of these thing do happen and you get OPT after 2 semesters you still cannot get an H1b unless you move out of the country for atleast 1 year. H1b Extension after 6 years is for continuation of employment if there is a break you cannot apply for extension beyond 6th year using 140 you have to go out for 1 year, moving to F1 does not count as break.
Under the 2006 memo, it is not necessary for the h1b beneficiary to be in H1 status when applying for the additional 1 year or 3 years extension based on LC filing date or I140 approval. See this url:
MurthyDotCom : NewsFlash! (http://www.murthy.com/nflash/nf_122006.html)
1) What are the options if labor was filed, then lost job, then COS from H1 to F1 gets denied?
2) Can re-appeal of denial from H1 to F1 COS possible? If so how can this be done and what is the success rate?
3) What is the success rate of going back to home country and re-applying for F1 visa?
Please share your knowledge. Thank You!
Corrections:
Since your employer has filed a labor before you might have problems in transferring to F1 (Since you have shown intent to immigrate).
Immigrant intent is only established by the I140 and or I485 filing. At the Labor cert stage, USCIS is generally not involved. LC is only a process to determine the validity of the job offered to a foreign national for which qualified US citizens are not available.
3. Even if both of these thing do happen and you get OPT after 2 semesters you still cannot get an H1b unless you move out of the country for atleast 1 year. H1b Extension after 6 years is for continuation of employment if there is a break you cannot apply for extension beyond 6th year using 140 you have to go out for 1 year, moving to F1 does not count as break.
Under the 2006 memo, it is not necessary for the h1b beneficiary to be in H1 status when applying for the additional 1 year or 3 years extension based on LC filing date or I140 approval. See this url:
MurthyDotCom : NewsFlash! (http://www.murthy.com/nflash/nf_122006.html)
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sioux
01-25 09:43 AM
My wife's online status shows an RFE was issued on her EAD renewal. The only possible problem we consider is that there may have been a mistake in the printing of the name. She did not keep a copy of the form, so right now we are unawaare of why the rfe was issued.
IF it is the problem of the name, what documents should we be sending? Passport and birth certificates are in the maiden name. any help is appreciated.
IF it is the problem of the name, what documents should we be sending? Passport and birth certificates are in the maiden name. any help is appreciated.
more...
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webm
06-13 10:48 AM
1) You are applying for RENEWAL of EAD but your application is pending as of June 30th, 2008.
.
Is this also correct?... who ever applies EAD renewal after June 30th and PD is U or retrogressed according to July or futher VB's will get 2yr EAD??
CIS always comes with confused statements...
.
Is this also correct?... who ever applies EAD renewal after June 30th and PD is U or retrogressed according to July or futher VB's will get 2yr EAD??
CIS always comes with confused statements...
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va_dude
11-04 10:40 AM
GC Nirvana.
Get hold of a top immigration attorney right away and schedule a consult right away.
You need answers and solutions from a good lawyer to represent you and if necessary to accompany you on a meeting/conf call with your employer.
Get hold of a top immigration attorney right away and schedule a consult right away.
You need answers and solutions from a good lawyer to represent you and if necessary to accompany you on a meeting/conf call with your employer.
more...
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eastindia
09-28 11:54 AM
How its win for US...?
It will help US unemployed and old citizens stand on its own feet rather than depending on money from foreign workers to pay for bankrupt social security system.
It will help US unemployed and old citizens stand on its own feet rather than depending on money from foreign workers to pay for bankrupt social security system.
girlfriend Funny Crashes
dhesha
07-07 06:14 PM
Mine had a RD of May 1 too at NSC. I checked the status for the first two weeks and it said it would be approved in 150-180 days. Now it just says that it is being processed, without any mention of the days it might take.
I also had the same experience, first few weeks it was showing the time line not it doesnt. Does anybody know what could be the reason for this?
I also had the same experience, first few weeks it was showing the time line not it doesnt. Does anybody know what could be the reason for this?
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Alien
10-13 03:37 PM
I will definitely be active on IV until I get my Green Card.
myimmiv
07-13 05:54 PM
Dextro_a, did you end up applying for a new EAD all over again?.
Anyone else in the same boat ?
Anyone else in the same boat ?
my_gc_wait
07-22 08:42 PM
Hi Raj,
I have one more question, after new Employer files new I140 for EB2, do I have to file new AOS I485 or just the older I485 will be approved.
Thanks
I have one more question, after new Employer files new I140 for EB2, do I have to file new AOS I485 or just the older I485 will be approved.
Thanks
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