mammoy2k
09-09 07:04 AM
I140 should be approved or approvable at the time of filing. Yates memo is very clear on that- I-140 approval is not required in concurrent filing. Also there is no salary requirements on invoking AC 21. Again, please read Yates Memo.
Requirements to change employer when GC is pending:
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD
Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.
After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application
This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
Requirements to change employer when GC is pending:
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD
Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.
After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application
This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
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hydboy77
12-01 12:40 PM
Thanks Pappu and IV for doing this. Maybe this should come with a big disclaimer that this is just a prediction and nobody can predict how USCIS\DOS behaves on a day to day basis, therfore dont put any weight or hopes on this projection, otherwise this will turn into the infamous prediction from VDLRAO who claimed Eb2 India will be current in a year. The year has gone by and Eb2 India is not even clearing Jan 05.
boreal
08-12 10:59 AM
You can revnew your GC after an intial period of 10 years. You are at your free will and wish to remain on your GC. You will be eligible for Naturalization after 5 years. That does not mean that you have to use that oppurtunity.
yep, makes sense.
Regarding the orignal topic, even I have never heard anyone not getting citizenship because of them leaving the GC employer. Personally, I won't wait for six months or even a single day, if I see a better opportunity.
yep, makes sense.
Regarding the orignal topic, even I have never heard anyone not getting citizenship because of them leaving the GC employer. Personally, I won't wait for six months or even a single day, if I see a better opportunity.
2011 2011 family health history
senthil1
07-08 02:04 PM
Too much visiblity may not be good. Anti immigrants also will do more aggressively. Illegal immigrants also doing rally every year May 1. But they cannot impress congress though they have powerful lobby. Congress is divided based on their area people opinion. When congress changes and more pro immigrant members are there in congress then bills will be passed easily. Now the surprise is no single immigration bill is coming atleast for voting. Then only we can find whether those bills have support or not.
Hello All,
I suggested this in my last two posts and I am suggesting this again. Emails , faxes to Rep will not create visibility of the problem. What we need to do is, do something big, like a DC rally again. One of the benefits behind doing this will be, everyone in this country i has their eyes on DC for presidential elections. Hence more visibility for us.
Secondly the topic of these three bills is hot, if we don't do anything now, it will turn cold, and then will be forgotten.
What we really need is a huge volume of high skilled workers in DC, not just a handful. Please let us all get together in DC again and push for these bills. We will get a lot of visibility. How about sending flowers to congress members?
Please let us all act on it!!
All EAD suckers! Wake up ! We need your help, Help us to help you and your future!
Hello All,
I suggested this in my last two posts and I am suggesting this again. Emails , faxes to Rep will not create visibility of the problem. What we need to do is, do something big, like a DC rally again. One of the benefits behind doing this will be, everyone in this country i has their eyes on DC for presidential elections. Hence more visibility for us.
Secondly the topic of these three bills is hot, if we don't do anything now, it will turn cold, and then will be forgotten.
What we really need is a huge volume of high skilled workers in DC, not just a handful. Please let us all get together in DC again and push for these bills. We will get a lot of visibility. How about sending flowers to congress members?
Please let us all act on it!!
All EAD suckers! Wake up ! We need your help, Help us to help you and your future!
more...
mali03
04-01 08:15 PM
Sent both faxes.
jonty_11
07-31 12:08 PM
raamski, dont post your receipt number, if you mention like LIN07xxxxxxx that would be fine. edit your post.....
Those ar enot Raamski's #'s...just randome guesses hemade and turns out its areal case number received in july 2007...
Those ar enot Raamski's #'s...just randome guesses hemade and turns out its areal case number received in july 2007...
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acecupid
07-07 04:29 PM
i am starting to wonder, if you are for real. your profile is empty. All your previous posts are derogatory and you accused the american president in your previous posts. I am wondering whats the basis you are here in IV and if you a green card case that you have applied and waiting..
This guy 'oscarzumaran' just got his GC, thats the reason he has turned an anti-immigrant now.... "I'm in so let me close the door on everyone else".. that seems to be his theory! :D
This guy 'oscarzumaran' just got his GC, thats the reason he has turned an anti-immigrant now.... "I'm in so let me close the door on everyone else".. that seems to be his theory! :D
2010 Family Health Topics
mhathi
09-21 01:18 PM
Don't judge each day by
the harvest you reap, but
by the seeds you plant
Robert Louis Stevenson
:D Macaca strikes again with his arsenal of quotes!!
This is a nce one though. You must have a lot of reading under your belt.
Cheers!
the harvest you reap, but
by the seeds you plant
Robert Louis Stevenson
:D Macaca strikes again with his arsenal of quotes!!
This is a nce one though. You must have a lot of reading under your belt.
Cheers!
more...
stemcell
01-10 11:04 AM
Shamu
Hospitals will NOT provide medical insurance. They can provide financial assistance based on your income if you do qualify. Usually it is a payment plan after some discounts on the total cost of the care provided.
Secondly if you are looking for maternity coverage after getting pregnant the premiums are going to be high, and mostly the insurance companies deny coverage.
Thirdly i would check with your local medicaid office which on occasion do provide emergency maternity coverage even for legal immigrants in some states.
Hospitals will NOT provide medical insurance. They can provide financial assistance based on your income if you do qualify. Usually it is a payment plan after some discounts on the total cost of the care provided.
Secondly if you are looking for maternity coverage after getting pregnant the premiums are going to be high, and mostly the insurance companies deny coverage.
Thirdly i would check with your local medicaid office which on occasion do provide emergency maternity coverage even for legal immigrants in some states.
hair Stocking Your Family Health
miguy
06-26 03:05 PM
checked with AAA.......they give only 4 free photos, you pay $10 for each additional set of 2 photographs.......who said they give all free photos for members?
I am being a little frugal:D :p :D
I am being a little frugal:D :p :D
more...
aau
08-22 01:58 PM
It would help if Masters is only counted from the Acredited Univs...
I am sure they will take care of that loophole... the fact is , even NJIT is an Accredited University. The Degree is not worth the paper it is printed on though.
In any case, as long as its not an Online degree..it should be permissible.
I am sure they will take care of that loophole... the fact is , even NJIT is an Accredited University. The Degree is not worth the paper it is printed on though.
In any case, as long as its not an Online degree..it should be permissible.
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gmatch
12-13 03:07 PM
Hi,
I have got a job offer & this employer has few pre-approved labors which he offered me if I join him.
I am on H1B visa since 3.5+ years & I am looking for the company to get my GC as soon as possible. I have BS + 10 years of IT experience in India/ USA/ UK, as Software Engineer/ Solution Architect / Project Lead/ Project Manager / Sr. PM etc.
I want to know :
1. Is it possible to use this pre-approved labor for me... if I have all matching skills & experiences to show in my resume (experiences/skills gained before that approval date of that labor)...? This approved labor shows the name of their previous consultant.
2. Is it necessary to file the labor substitution by the employer...if I want to use that approved labor...?
3. Is it possible for this employer to directly file my I-140 against this approved labor...?
4. What are the info/proofs to verify that this employer is really filling my I-140 against this labor... ? (This employer has their attorney & I could not have better communication with their attorney)
5. This employer is a consulting company...(desi) & they asked me to sign a financial agreement to repay their expenses on labor substitution/I-140/I-485...if I will leave them early. ...Is it legal to ask for such kind of agreement...?
Please let me know as much as info/ guidance you can provide to me.
Great thanks in advance for all of your help.
-------------------------------------------
I have got a job offer & this employer has few pre-approved labors which he offered me if I join him.
I am on H1B visa since 3.5+ years & I am looking for the company to get my GC as soon as possible. I have BS + 10 years of IT experience in India/ USA/ UK, as Software Engineer/ Solution Architect / Project Lead/ Project Manager / Sr. PM etc.
I want to know :
1. Is it possible to use this pre-approved labor for me... if I have all matching skills & experiences to show in my resume (experiences/skills gained before that approval date of that labor)...? This approved labor shows the name of their previous consultant.
2. Is it necessary to file the labor substitution by the employer...if I want to use that approved labor...?
3. Is it possible for this employer to directly file my I-140 against this approved labor...?
4. What are the info/proofs to verify that this employer is really filling my I-140 against this labor... ? (This employer has their attorney & I could not have better communication with their attorney)
5. This employer is a consulting company...(desi) & they asked me to sign a financial agreement to repay their expenses on labor substitution/I-140/I-485...if I will leave them early. ...Is it legal to ask for such kind of agreement...?
Please let me know as much as info/ guidance you can provide to me.
Great thanks in advance for all of your help.
-------------------------------------------
more...
house Family Health Care of
GCBy3000
06-19 04:21 PM
If they process by RD, then this month TONS of people with 2007/2006 PD will apply for 485 along with 1999-2005 guys.
So if 1999-2000 guys are even late a day, then they will be behind 10k people (Assuming 10K files per day). If USCIS processes 100 applications per month, then a delay in single day cause delay of a year.
Again, I pray for those guys who are still stuck with BEC with PDs 2000-01-02-03-04-05. Their situation is really bad.
This will be a catch 22 situation. If they retrogress to 2004, then how would they know to process the 485 application based on PD. They will keep on processing the 485 based on RD. If they see some PD of 2004 or earlier, they will approve else they will continue the 485 processing.
In this case, it is better for people with later PD 2005-2006-2007 to wait for couple of weeks in July and file later. This will make sure no VISA number is lost in coming years if they could process some earlier PD cases. Just a thought.
Example: July 2nd-10th, if 100K 2006/2007 PD cases were filed and July 11th-20th 100k 2000-2004 PD cases were filed and the VB has 2004 as current date. In this case, USCIS spends time in processing non current PD 485 applications for a year or two. Ultimately the visa numbers are lost.
In a way it is always RD, even if it is retrogressed, they process by RD within the eligible cases with some exception scenarios.
So if 1999-2000 guys are even late a day, then they will be behind 10k people (Assuming 10K files per day). If USCIS processes 100 applications per month, then a delay in single day cause delay of a year.
Again, I pray for those guys who are still stuck with BEC with PDs 2000-01-02-03-04-05. Their situation is really bad.
This will be a catch 22 situation. If they retrogress to 2004, then how would they know to process the 485 application based on PD. They will keep on processing the 485 based on RD. If they see some PD of 2004 or earlier, they will approve else they will continue the 485 processing.
In this case, it is better for people with later PD 2005-2006-2007 to wait for couple of weeks in July and file later. This will make sure no VISA number is lost in coming years if they could process some earlier PD cases. Just a thought.
Example: July 2nd-10th, if 100K 2006/2007 PD cases were filed and July 11th-20th 100k 2000-2004 PD cases were filed and the VB has 2004 as current date. In this case, USCIS spends time in processing non current PD 485 applications for a year or two. Ultimately the visa numbers are lost.
In a way it is always RD, even if it is retrogressed, they process by RD within the eligible cases with some exception scenarios.
tattoo taking Kern Family Health
Jimi_Hendrix
12-12 12:53 PM
im waiting for the groans and moans
LOL!
:rolleyes:
LOL!
:rolleyes:
more...
pictures house Family Health Care
gc_lover
06-27 10:37 AM
There is a very good chance that something will happen soon if we rush. if you are smart enough to think that filing on july 1st will guarantee your acceptance, then you are wrong buddy. As per the other threads and discussions from lawers , immigration officers, and info pass applicants that we have seen so far, uscis can change and will probably change the rules of accepting the application if the demand and rush continues. Already we are seeeing 45 days backlog of receipt.
besides lawyers just have to instruct fedex to pickup and deliver it on july 30th, how difficult can it be ?? except they should have little more room to pile up the applications until july 30th :)
Don't spread rumors! You should know better that people are worried about mid-month retrogression rumor and you are icing that with your silly conclusions from people like you. Not only you are not helping anyone with this thread but you are creating unwanted headache for them. Please stop and wait for your approval, since you have already filed. Do not worry about all of us!
If something is going to happen, like you say, let it happen. There is nothing we can do to stop that and in worst case we won't be albe to file 485. We would still be very happy for you that you had filed and got your GC. Be happy but please stop this nonsense.
besides lawyers just have to instruct fedex to pickup and deliver it on july 30th, how difficult can it be ?? except they should have little more room to pile up the applications until july 30th :)
Don't spread rumors! You should know better that people are worried about mid-month retrogression rumor and you are icing that with your silly conclusions from people like you. Not only you are not helping anyone with this thread but you are creating unwanted headache for them. Please stop and wait for your approval, since you have already filed. Do not worry about all of us!
If something is going to happen, like you say, let it happen. There is nothing we can do to stop that and in worst case we won't be albe to file 485. We would still be very happy for you that you had filed and got your GC. Be happy but please stop this nonsense.
dresses Family Health And Wellness
anilsal
10-30 03:21 PM
realized late that he had the expiry date wrong in his mind. So he has applied and it is > 100 days. They moved the already CPO date from Oct 10 to 29th, stating "lack of printable cards" (learned through info pass).
Imagine he is sitting at home, not working for > 3 months because he did not keep track of his expiry dates.
Because of one negligence, he is losing a lot of salary by not working. :(
The current EAD delays is certainly scary. Hope it is an exception not the norm.:mad:
Imagine he is sitting at home, not working for > 3 months because he did not keep track of his expiry dates.
Because of one negligence, he is losing a lot of salary by not working. :(
The current EAD delays is certainly scary. Hope it is an exception not the norm.:mad:
more...
makeup Family Health Care Nursing:
gk_2000
05-01 09:22 AM
Quick Chain of events .
India rejected both Boeing and Lockheed Martin's proposal of fighters . I am not debating the reasons or the merits of this decision if this was right or wrong . I am just discussing the potential repercussions this has had so far and might have .
'Exclusion of US firms from IAF jet deal a setback for ties' (http://www.indianexpress.com/news/exclusion-of-us-firms-from-iaf-jet-deal-a-setback.../783401/)
1) The issue is so serious that Tim Roemer , US Ambassador to India submitted his resignation immediately since he was on the hook for making this deal work .This shows the measure of disappointment they had.
2) India was seeking US assurances in security a Permanent Security council seat , which looks far fetched now .
4) Pentagon , Whitehouse and the DoD very upset that deal fell through . This sentiment will certainly percolate to the USCIS and the State department and might embolden Anti Immigration senators whose measures will get more support in the house and senate.
5) Prosecution of companies entangled in cases like Infosys might find more support and favor with the Govt.
Question is how/if there will be a backlash against India / Indian's get back at us at least in the short term .Increased scrutiny and visa denials , PoE Harassment , GC audits etc.
Will the US take a Tit-for-Tat reaction on this issue is what remains to be seen.
I hope you are not one of the guys, who have mindset to kill the person who they THINK he is in their way to getting GC .. because it will be dangerous combination
And I hope what others have written made you reconsider your view. If not, see this fact : Pakistan has crossed such lines, even done much worse things, several times but US has not broken ties etc. What US actually responds to is the ASSERTION of sovereignty and SELF-RESPECT. Not pansy behavior, if you know what I mean.
Don't worry. US will respect India's right to act in its interests. If they dont, then what difference will remain between it and a common country.
India rejected both Boeing and Lockheed Martin's proposal of fighters . I am not debating the reasons or the merits of this decision if this was right or wrong . I am just discussing the potential repercussions this has had so far and might have .
'Exclusion of US firms from IAF jet deal a setback for ties' (http://www.indianexpress.com/news/exclusion-of-us-firms-from-iaf-jet-deal-a-setback.../783401/)
1) The issue is so serious that Tim Roemer , US Ambassador to India submitted his resignation immediately since he was on the hook for making this deal work .This shows the measure of disappointment they had.
2) India was seeking US assurances in security a Permanent Security council seat , which looks far fetched now .
4) Pentagon , Whitehouse and the DoD very upset that deal fell through . This sentiment will certainly percolate to the USCIS and the State department and might embolden Anti Immigration senators whose measures will get more support in the house and senate.
5) Prosecution of companies entangled in cases like Infosys might find more support and favor with the Govt.
Question is how/if there will be a backlash against India / Indian's get back at us at least in the short term .Increased scrutiny and visa denials , PoE Harassment , GC audits etc.
Will the US take a Tit-for-Tat reaction on this issue is what remains to be seen.
I hope you are not one of the guys, who have mindset to kill the person who they THINK he is in their way to getting GC .. because it will be dangerous combination
And I hope what others have written made you reconsider your view. If not, see this fact : Pakistan has crossed such lines, even done much worse things, several times but US has not broken ties etc. What US actually responds to is the ASSERTION of sovereignty and SELF-RESPECT. Not pansy behavior, if you know what I mean.
Don't worry. US will respect India's right to act in its interests. If they dont, then what difference will remain between it and a common country.
girlfriend White Rock Family Health in
nagio
05-30 02:19 AM
Done. Thanks. For me and my spouse.
hairstyles Want to improve family health
SkilledWorker4GC
07-08 05:15 PM
Ofcourse at first they will say its a crazy idea and wouldn't have any impact.
But got to try atleast and try to convince them
Efforts have to be collective. Try to get supporrt from coworkers, friends - ask them for a honest opinion and see what they have to say
But got to try atleast and try to convince them
Efforts have to be collective. Try to get supporrt from coworkers, friends - ask them for a honest opinion and see what they have to say
mariner5555
11-21 04:50 AM
I also work in a IT consulting position but still decided to go ahead and buy a home in St Louis back in September 2007. My 485/EAD/AP was filed in August 2007 and EAD approved a few weeks back. However despite my current situation, I believe buying a home was a wise decision considering the kind of lifestyle and security it provides for you and your family. I know a lot of my friends who decided to take the plunge and bought houses though they were working on H1 and have their GCs pending for a few years.
Taking a plunge now on EAD is like drowning yourself. prices have not yet come down and will come down by 15-20 % over 5 years. there is talk about recession , job losses and more foreclosures. if you dont need the space ...DONT BUY. most of us dont need more space unless we have 2-3 grown kids who need their own rooms. renting is not same as throwing away money as you get a place to live. how does buying a home give you security ..it is more of a hassle if you are on EAD or H-1 and you need mobility after a job is lost. my friend who has good worldly experience rightly said ..buying a house now is like worrying about one more thing in life.
Taking a plunge now on EAD is like drowning yourself. prices have not yet come down and will come down by 15-20 % over 5 years. there is talk about recession , job losses and more foreclosures. if you dont need the space ...DONT BUY. most of us dont need more space unless we have 2-3 grown kids who need their own rooms. renting is not same as throwing away money as you get a place to live. how does buying a home give you security ..it is more of a hassle if you are on EAD or H-1 and you need mobility after a job is lost. my friend who has good worldly experience rightly said ..buying a house now is like worrying about one more thing in life.
gcdreamer05
04-13 11:59 AM
Brother, your idea is good but practically it is very difficult.
Do you see a donate progress bar at the top, it took an entire month and lot of pushing to get 10,000 US$ in donation.
People are not willing to donate, many have questions about credibility and what work is being done, some have lost entire hope and hence not willing to donate.
It is like chicken and egg, we are asking people to donate to see change, some are saying change is not there and donation does not make a difference.
If it is so difficult to collect 10,000 US$ a month how can your plan collect 5 million ?
If someone is going to ask you the following questions what are your answers,
1) If i donate 50$ what is the feedback (in terms of info, progress) that i will get?
2) What will you do if the administration thanks us and takes the donation and gives it off to a non-profit education organization. (giving donation does not mean that they will do something for us). Then what do we do.
Instead can we not use that money to lobby for our goals.
Do you see a donate progress bar at the top, it took an entire month and lot of pushing to get 10,000 US$ in donation.
People are not willing to donate, many have questions about credibility and what work is being done, some have lost entire hope and hence not willing to donate.
It is like chicken and egg, we are asking people to donate to see change, some are saying change is not there and donation does not make a difference.
If it is so difficult to collect 10,000 US$ a month how can your plan collect 5 million ?
If someone is going to ask you the following questions what are your answers,
1) If i donate 50$ what is the feedback (in terms of info, progress) that i will get?
2) What will you do if the administration thanks us and takes the donation and gives it off to a non-profit education organization. (giving donation does not mean that they will do something for us). Then what do we do.
Instead can we not use that money to lobby for our goals.
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