amsgc
04-02 08:43 PM
The deal is: GC application is for a future job offer. That means, the company that files for your GC tells the USCIS that they will employ you in the xyz position once you get the green card.
According to the law, you are not required to have worked for that employer at all. Therefore, yes, you can get an employment letter from any employer (180 days after filing I-485), as long as the offer is bonafide, the job is full time & permanent, and the job duties & occupation is similar to the one mentioned in your labor certification.
Technically, you can work for a company like TekSystems on EAD, and when time comes, provide USCIS with a bonafide employment letter from any company that wants to hire you when you get the GC.
Now, some people have raised concerns over the question of "intent". How do you reinforce the fact that you indeed intend to join the new employer when you get the GC? For this reason, when people switch jobs using AC21, they generally go to work for a company that will give them the employement letter.
Ofcourse, the above discussion is in light of what we know today. The USCIS is working on modifying some of the provisions, so things may change a bit in the near future.
Ams
Does that mean a person can't work for companies like TekSystems on EAD? Senior members, please advice. I would like to switch from my desi employer and join the vendor directly as there is a big pay difference. Any information will be greatly appreciated.
According to the law, you are not required to have worked for that employer at all. Therefore, yes, you can get an employment letter from any employer (180 days after filing I-485), as long as the offer is bonafide, the job is full time & permanent, and the job duties & occupation is similar to the one mentioned in your labor certification.
Technically, you can work for a company like TekSystems on EAD, and when time comes, provide USCIS with a bonafide employment letter from any company that wants to hire you when you get the GC.
Now, some people have raised concerns over the question of "intent". How do you reinforce the fact that you indeed intend to join the new employer when you get the GC? For this reason, when people switch jobs using AC21, they generally go to work for a company that will give them the employement letter.
Ofcourse, the above discussion is in light of what we know today. The USCIS is working on modifying some of the provisions, so things may change a bit in the near future.
Ams
Does that mean a person can't work for companies like TekSystems on EAD? Senior members, please advice. I would like to switch from my desi employer and join the vendor directly as there is a big pay difference. Any information will be greatly appreciated.
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jonty_11
01-22 12:52 PM
I am also in similar situation.
I have pending I-485 and used AC21 to switch to the new company but I am still in H1B status. However, my wife is using EAD and she need to travel using AP.
Can anyone suggest whether there will be any issue in travelling outside USA, if I (Primary applicant) is still in H1B status but used AC-21 and wife is using EAD (has to use AP)?
Thanks in advance.
BK
what does your lawyer say????
I have pending I-485 and used AC21 to switch to the new company but I am still in H1B status. However, my wife is using EAD and she need to travel using AP.
Can anyone suggest whether there will be any issue in travelling outside USA, if I (Primary applicant) is still in H1B status but used AC-21 and wife is using EAD (has to use AP)?
Thanks in advance.
BK
what does your lawyer say????
Jaime
06-10 05:17 PM
Can anyone help with advice? Talk about frustration! I qualify for EB2 since I have a masters degree (and also more than 5 years of experience in my field). I could qualify for EB2 except that my job description "prefers" (rather than "requires") a masters degree. The language prevents my compay from filing EB2, yet my job responsibilities are such that they certaily warrant a masters degree. My compay doesn't want to change my position or wording even though they clearly know (through my explanations) that that means adding close to 5-6 years to the wait! They also fail to see that making me wait so long also affects them because the company cannot promote me or chage my responsibilities for the duration of the wait! Has anyone been through the same situation?
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rameshvaid
07-01 03:28 PM
My daughter is in college and I was wondering if there is any chance of getting a FAFSA loan for her with I-485 application applied in July 2007.
Thanks
My son got his FAFSA approved last year. I am on H1 and he is on H4. Your daughter either way on H4 or EAD qualifies for FAFSA. If you have questions, you can call FAFSA directly and they are very helpful.
Good Luck..
RV
Thanks
My son got his FAFSA approved last year. I am on H1 and he is on H4. Your daughter either way on H4 or EAD qualifies for FAFSA. If you have questions, you can call FAFSA directly and they are very helpful.
Good Luck..
RV
more...
sparky_jones
12-10 01:28 PM
I recall receiving only 2 copies of AP from TSC. Is that normal?
pappu
12-05 07:56 AM
At the time i was 2 semesters away from my Masters plus the mess my previous attorney had caused, my new attorney felt comfortable filing under EB3 because he felt i would have problems at the I-140 stage if i did not compete my Masters by that time.
In 2001 my attorney expected to have my GC by 2003 the latest and he was not counting on this mess with DBEC.
Hope all of us are through with this nightmare by end of 2007.http://immigrationvoice.org/forum/showthread.php?t=2453
In 2001 my attorney expected to have my GC by 2003 the latest and he was not counting on this mess with DBEC.
Hope all of us are through with this nightmare by end of 2007.http://immigrationvoice.org/forum/showthread.php?t=2453
more...
pmat
01-31 03:06 PM
how can one get copy of i140? does it not belong to the company?
You can always ask for a copy of the approval after the I-140 is approved. Depends on how cooperative your HR and lawyer are.
You can always ask for a copy of the approval after the I-140 is approved. Depends on how cooperative your HR and lawyer are.
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suriajay12
04-06 07:44 AM
Very good one.. USCIS is acknowledging here the severe wait periods. A good sign when (if) trying to fix a problem. Recognizing that there is one..
Good job in posting this article.
Good job in posting this article.
more...
moonlight
06-20 12:54 PM
Better check with your lawyer. Becuase when you apply for 485 and get approved your wife's H4 status becomes illegal. So don't know exactly about H1 or H4 on advanced parole. Lawyer is the best person for your case.
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abhisam
01-07 06:31 PM
Thanks Sanjay02.
Another follow-up question.. I'm planning to file for EAD, which passport number should I use in this form ?
If I use new one(which is valid), isn't it in contra with AOS application?
Has anyone faced this situation ?
I would like to know the answer to this question too. does anybody know?
also pkv..how many days did it take you to get the new passport?
Another follow-up question.. I'm planning to file for EAD, which passport number should I use in this form ?
If I use new one(which is valid), isn't it in contra with AOS application?
Has anyone faced this situation ?
I would like to know the answer to this question too. does anybody know?
also pkv..how many days did it take you to get the new passport?
more...
Berkeleybee
04-03 07:29 PM
All,
We were trying to keep this fact sheet to 2-3 pages, but it would be great to compile a list of immigrant overachievers anyway. :)
We were trying to keep this fact sheet to 2-3 pages, but it would be great to compile a list of immigrant overachievers anyway. :)
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RSM1444
10-14 04:29 PM
Spring 2010 (http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201004&RIN=1615-AB82)
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prince_charming
04-08 04:20 PM
Hard stop at June 30th....
Damm... missed by 2 days then :(
Damm... missed by 2 days then :(
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peer123
04-09 11:15 AM
Friends,
I am working for company A and I have offer from Company B, I thinking of my options, Here is my situation
1. I have approved I140 > 180 days in actually 300 days
2. I have approved EAD
3. mine is labor transfer case and I used an existing labor that matched my job profile
4. Company B is ready to hire me in the same/similar role and are ready to give AC21 employment letter with same details as in my labor.
5. I have approved copy of my labor that was transferred and all other copies related to my case like I140, I485 application and Advance parole etc,....
Please give me some guidance on if I should be accepting the offer from Company B, I am concerned because my labor was transferred from another employee. I have worked for company A for nearly 4 years now and my GC is in process for almost 4 years, labor switch was done like 2 years ago.
Based on this explanation do you see any risk and am I missing anything here, in terms of getting specific documentation from company A application..
please help
bumping it up... - please provide your input
I am working for company A and I have offer from Company B, I thinking of my options, Here is my situation
1. I have approved I140 > 180 days in actually 300 days
2. I have approved EAD
3. mine is labor transfer case and I used an existing labor that matched my job profile
4. Company B is ready to hire me in the same/similar role and are ready to give AC21 employment letter with same details as in my labor.
5. I have approved copy of my labor that was transferred and all other copies related to my case like I140, I485 application and Advance parole etc,....
Please give me some guidance on if I should be accepting the offer from Company B, I am concerned because my labor was transferred from another employee. I have worked for company A for nearly 4 years now and my GC is in process for almost 4 years, labor switch was done like 2 years ago.
Based on this explanation do you see any risk and am I missing anything here, in terms of getting specific documentation from company A application..
please help
bumping it up... - please provide your input
more...
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rajs
04-04 03:43 PM
my case is pending from 2004
visa numbers for PD are current but still no action on my case
i dint even get a reply for the enquire i made in Jan 2009
so for me its like a showoff story by USCIS :confused:
visa numbers for PD are current but still no action on my case
i dint even get a reply for the enquire i made in Jan 2009
so for me its like a showoff story by USCIS :confused:
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franklin
07-13 08:38 PM
how many ppl are gonna be there? It must be very hot wearing a suit.
We don't really know at this point. It could be 150, it could be 1000!
It's pretty exciting!
Based on today's weather in SF, it'll be a scorcher tomorrow in SJ
We don't really know at this point. It could be 150, it could be 1000!
It's pretty exciting!
Based on today's weather in SF, it'll be a scorcher tomorrow in SJ
more...
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quizzer
10-16 09:10 PM
Any EB2 folks with RD prior to Jan 2007 still waiting for approvals?
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snathan
08-18 10:58 AM
Hello
Case details
--Lay off with Employer A happened in April and I was without a job for a couple of months
--I have a valid Visa with employer A until April 2010.
--Finally found a job as a consultant, employer B applied for my H1B.
--RFE has been answered with sufficient documents and awaiting a response.
Question
I read/hear that since there is a 2 month period with no paystubs, I might get an approval for I-797 but without I-94. In such a case what actions should be taken.
Please advice.
Thanks!
For respond for the RFE...if they are asking for paystub and if you are not able to provide the same, they will deny the H1B. In that case you need to leave the country. If they are giving without I-94. Need to go out of the country, get stamping and come back.
Case details
--Lay off with Employer A happened in April and I was without a job for a couple of months
--I have a valid Visa with employer A until April 2010.
--Finally found a job as a consultant, employer B applied for my H1B.
--RFE has been answered with sufficient documents and awaiting a response.
Question
I read/hear that since there is a 2 month period with no paystubs, I might get an approval for I-797 but without I-94. In such a case what actions should be taken.
Please advice.
Thanks!
For respond for the RFE...if they are asking for paystub and if you are not able to provide the same, they will deny the H1B. In that case you need to leave the country. If they are giving without I-94. Need to go out of the country, get stamping and come back.
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gcformeornot
01-12 09:56 AM
^^^^
shirish
04-27 12:05 PM
I think even if the EB2 I-140 is already approved, you still could port the PD, but most important thing is you need your EB3 I-140 approved for porting the PD. Please talk to a good lawyer.
Might be an issue as the EB2 I-140 is already approved. Talk to a good lawyer and see what is the best course of action.
Although it is late now, you should have withdrawn the original LC and refiled in PERM with same PD. That way you would have maintained the original priority date for EB2. Your lawyer must have told you that when you refiled your LC.
Might be an issue as the EB2 I-140 is already approved. Talk to a good lawyer and see what is the best course of action.
Although it is late now, you should have withdrawn the original LC and refiled in PERM with same PD. That way you would have maintained the original priority date for EB2. Your lawyer must have told you that when you refiled your LC.
redddiv
07-11 08:03 AM
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