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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gondalguru
07-19 01:10 PM
Dont ask me when you get an RFE for your skin test. I believe I read it on these forums that a couple of people were specifically asked about their skin test.
Even the doctors are supposed to give you a skin test and then the x-ray. If you have taken a skin test before, I think you can just take the x-ray now.
Check this link
http://immigrationvoice.org/forum/showthread.php?t=5494&highlight=skin+test
Most people from India will have PPD test positive as they have received BCG vaccine in childhood. PPD test in not mandatory. Negative chest xray is sufficient to prove that you are free from active TB (you may still have dormant infection but that doesn't matter at this point of time). Plus USCIS/CDC had published a guideline for civil surgeons instructing how to perform the Medical exam for immigration purposes and it clearly says that applicant can choose not to have PPD test and negative cxr will be sufficient.
Even the doctors are supposed to give you a skin test and then the x-ray. If you have taken a skin test before, I think you can just take the x-ray now.
Check this link
http://immigrationvoice.org/forum/showthread.php?t=5494&highlight=skin+test
Most people from India will have PPD test positive as they have received BCG vaccine in childhood. PPD test in not mandatory. Negative chest xray is sufficient to prove that you are free from active TB (you may still have dormant infection but that doesn't matter at this point of time). Plus USCIS/CDC had published a guideline for civil surgeons instructing how to perform the Medical exam for immigration purposes and it clearly says that applicant can choose not to have PPD test and negative cxr will be sufficient.
spicy_guy
11-09 12:52 PM
I have travel tickets booked for 18th this month. No sign of AP yet.
Can I travel to India without AP and have someone mail AP to India?
Has anyone done this? Any issues?
Appreciate your input on this!
Can I travel to India without AP and have someone mail AP to India?
Has anyone done this? Any issues?
Appreciate your input on this!
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MLS
06-26 03:05 PM
Congratulations !!
My PD is Oct 2001.
Can you please explain what you meant by
"Senator Inquiry 5 days ago yielded result that cards will be ordered in 30 days" ?
Did you send an inquiry ? And how ?
Thanks and regards,
MLS
PD Aug 2001
RD Jan 2005
CSC case transfered to NSC in Feb 07
Senator Inquiry 5 days ago yielded result that cards will be ordered in 30 days.
My PD is Oct 2001.
Can you please explain what you meant by
"Senator Inquiry 5 days ago yielded result that cards will be ordered in 30 days" ?
Did you send an inquiry ? And how ?
Thanks and regards,
MLS
PD Aug 2001
RD Jan 2005
CSC case transfered to NSC in Feb 07
Senator Inquiry 5 days ago yielded result that cards will be ordered in 30 days.
more...
mpadapa
06-12 11:07 AM
Looks like the sub committee hearing on GC issues aren't web casted live.
We might have to wait until they upload the witness testimony at a later time, normally they post the text of the testimonies. May be IV core folks can update us on the progress.
Watch out for updates at http://judiciary.house.gov/oversight.aspx?ID=452
Looks like they are talking about unemployment now ....
I guess it is 11 am EST, correct?
We might have to wait until they upload the witness testimony at a later time, normally they post the text of the testimonies. May be IV core folks can update us on the progress.
Watch out for updates at http://judiciary.house.gov/oversight.aspx?ID=452
Looks like they are talking about unemployment now ....
I guess it is 11 am EST, correct?
Eternal_Hope
12-29 03:13 PM
Any recent updates on that case? Do we know what happened after that person filed the MTR the 2nd time?
-------------------------------
Member Texas IV
As I explained here
http://immigrationvoice.org/forum/showpost.php?p=210490&postcount=26
AC-21 is just an illusion of freedom - even if 180 days have passed, even if I-140 is approved.
My advice: DON"T CHANGE EMPLOYERS UNLESS YOU ABSOLUTELY MUST.
-------------------------------
Member Texas IV
As I explained here
http://immigrationvoice.org/forum/showpost.php?p=210490&postcount=26
AC-21 is just an illusion of freedom - even if 180 days have passed, even if I-140 is approved.
My advice: DON"T CHANGE EMPLOYERS UNLESS YOU ABSOLUTELY MUST.
more...
Jimi_Hendrix
12-12 03:23 PM
Please remember that even if BEC clears the application with 2001 priority dates. These people still need to:
1) Apply for I140
2) Have I-140 Approved
3) Apply for I-485 only if their priority date is current
4) Complete various I-485 tasks like fingerprinting, BACKGROUND CHECKS (this is a huge one and unless you are lucky you can get stranded for anywhere between 6 months to 3 years)
5) Now after completing 1 - 4 above you can expect that they will apply a visa number to the application
1) Apply for I140
2) Have I-140 Approved
3) Apply for I-485 only if their priority date is current
4) Complete various I-485 tasks like fingerprinting, BACKGROUND CHECKS (this is a huge one and unless you are lucky you can get stranded for anywhere between 6 months to 3 years)
5) Now after completing 1 - 4 above you can expect that they will apply a visa number to the application
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EBX-Man
05-12 08:54 AM
I have 2 questions. Why you think only I485 not greencard. Fight and get Greencard? Start protest self. Others join when one start. Why not you?
That is because he does not have the drive and initiative that you have ...
That is because he does not have the drive and initiative that you have ...
more...
sanjay
09-19 03:03 PM
Ok, I've seen a lot of threads about go to the rally, actions items, I've reading a lot of guys saying dont ask for your receipt status, dont waste your time etc, etc.
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
Question remains open:
1. When are they going to increase the GC quota?
2. When congress id going to do something?
I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............
Things don't happen so soon, and that too with law makers. Our purpose of rally was to bring awareness in media, public and Lawmakers. and in that part I think we did reasonably good. Now, things are into Law makers hands and it may take time to resolve immigration system, as its been screwed from decades.
Keep your hopes alive and just wait and watch. There's nothing we can do more.
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
Question remains open:
1. When are they going to increase the GC quota?
2. When congress id going to do something?
I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............
Things don't happen so soon, and that too with law makers. Our purpose of rally was to bring awareness in media, public and Lawmakers. and in that part I think we did reasonably good. Now, things are into Law makers hands and it may take time to resolve immigration system, as its been screwed from decades.
Keep your hopes alive and just wait and watch. There's nothing we can do more.
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Lasantha
05-11 03:06 PM
- How has greencard changed your life after receiving it?
A big weight off my shoulders. Much more freedom in getting new jobs. Easier to travel. Planning to buy a house finally!!!
- What did you do on the day you received it?
Went out with friends and just enjoyed the feeling of freedom
-How did the long wait upset your life?
The feeling of uncertanity was terrible. Had to put lots of stuff on hold, like buying a house.
-How did immigrationvoice help you during this long wait?
The forum on this web site was like a gem. Learnt a lot from the experiences of the others.
- Would you like to continue your support to immigration voice and help others waiting?
YES
- Any advice for everyone?
Don't give up but ALWAYS have a back up plan. If you are not interested in returning home, consider a second option like the Canadain PR status as plan B
A big weight off my shoulders. Much more freedom in getting new jobs. Easier to travel. Planning to buy a house finally!!!
- What did you do on the day you received it?
Went out with friends and just enjoyed the feeling of freedom
-How did the long wait upset your life?
The feeling of uncertanity was terrible. Had to put lots of stuff on hold, like buying a house.
-How did immigrationvoice help you during this long wait?
The forum on this web site was like a gem. Learnt a lot from the experiences of the others.
- Would you like to continue your support to immigration voice and help others waiting?
YES
- Any advice for everyone?
Don't give up but ALWAYS have a back up plan. If you are not interested in returning home, consider a second option like the Canadain PR status as plan B
more...
user1205
02-20 05:27 PM
I have the same feeling. With the move to Jan 2005 and the new rule about namechecks I think the numbers will get used fast for ROW.
The only people that will not be able to take advantage of this are the ones with old PDs from BEC that filed 485 and 140 in the June-August madness and are waiting for the 140 to be approved.
I presume that ROW would be significantly impacted by this as India & China would not benefit a lot from it now because of PDs being badly retrogressed. I'm afraid that this has the potential of exhausting EB3-ROW row numbers for the rest of the year. Am I wrong to assume this?
The only people that will not be able to take advantage of this are the ones with old PDs from BEC that filed 485 and 140 in the June-August madness and are waiting for the 140 to be approved.
I presume that ROW would be significantly impacted by this as India & China would not benefit a lot from it now because of PDs being badly retrogressed. I'm afraid that this has the potential of exhausting EB3-ROW row numbers for the rest of the year. Am I wrong to assume this?
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sc3
05-13 07:33 PM
Please check with both Immigration attorney (for 485 withdrawal), and a divorce lawyer in India.
I believe that if the marriage was conducted in India, but US court issues the divorce decree, such decree is not automatically recognized in India. You might have to file for such a decree in India too.
Personally, withdrawing now, and reapplying is a better option. You will be playing Russian roulette if you decide to wait for some time to "withdraw" -- as USCIS could suddenly make dates current (remember last year), and approve a bunch of application. Of course, consult an Immigration lawyer to see if you can withdraw and re-use the same application (140) later. If not, withdraw and start a new GC (using current 140 as basis for priority date) -- you could even get a EB2 classification.
I believe that if the marriage was conducted in India, but US court issues the divorce decree, such decree is not automatically recognized in India. You might have to file for such a decree in India too.
Personally, withdrawing now, and reapplying is a better option. You will be playing Russian roulette if you decide to wait for some time to "withdraw" -- as USCIS could suddenly make dates current (remember last year), and approve a bunch of application. Of course, consult an Immigration lawyer to see if you can withdraw and re-use the same application (140) later. If not, withdraw and start a new GC (using current 140 as basis for priority date) -- you could even get a EB2 classification.
more...
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Jaime
08-31 04:22 PM
not sure there are "lies".
No lies, salary cannot be raised and people on H-4 cannot work. The article is right.
What I don't get is where they got that the Sept 18 rally will see 5000 of us attending? That's way too little guys, we need at least double that!
No lies, salary cannot be raised and people on H-4 cannot work. The article is right.
What I don't get is where they got that the Sept 18 rally will see 5000 of us attending? That's way too little guys, we need at least double that!
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coloniel60
08-20 06:39 PM
I wish you all the best. This kind of cheating from the employer hurts the most. I wish some immigration lawywer or ILA steps up and advises what employees can do in these kind of situations. I know labor substitution is legal but in this case the employer gave false hopes to the employee that he will sponsor his GC and that should be illegal and could be used as an excuse to sue the employer.
Most of us hesitate to hire lawyer to go after these sc** bag employers because we are scared of the lawyers as well. We don't know how much it will cost us and we don't know what the outcome will be. That's why it will be helpful if some reputed lawyer or ILA comes out and tell us what our options are when these kind of things happen.
But then employers and these lawyers go hand in hand so I doubt if one goes against the other. I wish atleast USCIS gives us some guidelines.
I bet that if we can successfully sue one cheating employer then we will see hundreds of similar cases and the employers will be scared to even think about doing this again.
Most of us hesitate to hire lawyer to go after these sc** bag employers because we are scared of the lawyers as well. We don't know how much it will cost us and we don't know what the outcome will be. That's why it will be helpful if some reputed lawyer or ILA comes out and tell us what our options are when these kind of things happen.
But then employers and these lawyers go hand in hand so I doubt if one goes against the other. I wish atleast USCIS gives us some guidelines.
I bet that if we can successfully sue one cheating employer then we will see hundreds of similar cases and the employers will be scared to even think about doing this again.
more...
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24fps
02-21 01:46 AM
This does sound strange, do you know what was the reason for this officer's visit to your employer two months back? also, i would suggest make sure all your paper work is fine, I mean LCA etc. indicating your correct place of work and right wages.
first of all make sure it was a genuine call
call USCIS back and find out if there is a visit scheduled for your house
also be carefull, check all credentials of whoever wants to come to your house
economy is bad, recession is in ,the crime rate is going to get bad, especially against immigrants etc
ps also i would second the visit at your office place instead and if need be , in the presence of a lawyer
first of all make sure it was a genuine call
call USCIS back and find out if there is a visit scheduled for your house
also be carefull, check all credentials of whoever wants to come to your house
economy is bad, recession is in ,the crime rate is going to get bad, especially against immigrants etc
ps also i would second the visit at your office place instead and if need be , in the presence of a lawyer
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nag2007
02-08 04:06 PM
I dont see any light at the tunnel. PDs will not move until they allow 485 filing even PD is not current.
more...
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Makaveli
02-03 11:37 PM
guig0 i voted for you!!! just cuz eilsoe tried to screw you over by linking the WRONG SPEELing one.... ;) j/k :P :P
btw, how the HELL do you make a spelling mistake during pixel art.......lol
why aren't you posting as much anymore i love reading your hillarious remarks :love:
btw, how the HELL do you make a spelling mistake during pixel art.......lol
why aren't you posting as much anymore i love reading your hillarious remarks :love:
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abhijitp
07-10 09:39 AM
have already done programs/ articles taking an issue with his reporting. We can write to them explaining how he is spreading false info.
I dont think we should mention his name in a peaceful rally.
I dont think we should mention his name in a peaceful rally.
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salcom3
07-13 07:59 PM
I totally agree with you akgind.
Here is my daughter's case:
1994 she was 8 years old when we brought her to USA
2002 asylum case was denied, we had to go back to our country (we didn't stay illegaly)
2002 after one month we came back, with H-1 visa, daughter with H-4
2003 I applied for LC
2006 My daughter turned 21 - She had to change status to F-1 (of course college fees were triple). She is out of LC process because of her age.
2007 LC approved, she is still F-1 and paying a lot of money in tuition.
I mean, these kids like my daughter (and I am sure there are thousands like her), deserve a break too. If the DREAM ACT is going to benefit illegal persons, it should also benefit children that have waited for their parents' LC process for long years only to see their hopes destroyed.
Here is my daughter's case:
1994 she was 8 years old when we brought her to USA
2002 asylum case was denied, we had to go back to our country (we didn't stay illegaly)
2002 after one month we came back, with H-1 visa, daughter with H-4
2003 I applied for LC
2006 My daughter turned 21 - She had to change status to F-1 (of course college fees were triple). She is out of LC process because of her age.
2007 LC approved, she is still F-1 and paying a lot of money in tuition.
I mean, these kids like my daughter (and I am sure there are thousands like her), deserve a break too. If the DREAM ACT is going to benefit illegal persons, it should also benefit children that have waited for their parents' LC process for long years only to see their hopes destroyed.
gcdreamer05
02-11 10:45 AM
But, Mpadapa has some reality. That's what we are seeing in last 3 - 4 bulletins. A slow but steady movement.
Atleast with current movement we can plan in what period we can expect our case will clear.
But brother, there has been no movement in EB3, so based on what will we predict when our case will be clear...........
Atleast with current movement we can plan in what period we can expect our case will clear.
But brother, there has been no movement in EB3, so based on what will we predict when our case will be clear...........
looneytunezez
06-02 02:23 PM
Guys go to this website and sign up and vote yes for this bill.
http://www.opencongress.org/bill/111-s1085/show
done.
http://www.opencongress.org/bill/111-s1085/show
done.
