Hassan11
04-09 10:40 AM
Here is my situation:
I was on H-1 B status with my former employer then I changed jobs using AC 21 and I am currently working on EAD with my new employer. I didn't transfer my H-1b from former employer to new employer since I have EAD. I still have H-1b visa stamp on my passport that will not expire until end of 2010. I am planning to go home to visit my family during the summer for 2 weeks. my question is : do i need to apply for travel document to be able to come back or can I just use the H-1B stamp on my passport even tough I am not with my green card sponsoring employer anymore??
Please advise. Thank you in advance.
I was on H-1 B status with my former employer then I changed jobs using AC 21 and I am currently working on EAD with my new employer. I didn't transfer my H-1b from former employer to new employer since I have EAD. I still have H-1b visa stamp on my passport that will not expire until end of 2010. I am planning to go home to visit my family during the summer for 2 weeks. my question is : do i need to apply for travel document to be able to come back or can I just use the H-1B stamp on my passport even tough I am not with my green card sponsoring employer anymore??
Please advise. Thank you in advance.
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learning01
05-05 01:53 PM
in this administration. Corrupt and not working. Sad state of affairs.
GOP's Ed Rollins: Hookergate is "Big"
By Justin Rood - May 3, 2006, 10:15 PM
GOP super-strategist Ed Rollins (late of the Katherine Harris campaign) made a couple interesting comments on Charlie Rose last night. First, he indicated strongly that he believes a number of the other lawmakers in trouble with Hookergate are Defense appropriators. He also says as many as 15 lawmakers could get indicted over the mess in the next few months.
Maybe Ed's playing the expectations game: if voters buy the 15 number, and only seven actually get busted, well then the kids aren't so bad after all. Still, it's interesting speculation from an insider. I just found the show transcript on Nexis -- emphasis is mine:
ED ROLLINS. . . If this House scandal is as big as I think it is from talking to people that are around it -- of course it started with Cunningham and it`s moving beyond that.
GEORGE STEPHANOPOULOS: Duke Cunningham.
ED ROLLINS: Duke Cunningham, a congressman from San Diego who took bribes. There was a real little cabal on the Defense Appropriations Committee in which a couple of people who basically made an awful lot of money off of defense contractors and basically rewarded a bunch of members, Republicans.
GEORGE STEPHANOPOULOS: Including a story that broke over the weekend, perhaps the use of prostitutes.
Harpers Magazine: Red Lights on Capitol Hill? (http://www.harpers.org/sb-red-lights-on-capitol-hill.html)
WSJ: Prosecutors May Widen Congressional-Bribe Case - Cunningham Is Suspected Of Asking for Prostitutes; Were Others Involved? (http://online.wsj.com/public/article/SB114610728002837324-FnHaEYAFT_b7QFGwPxnAIiEcHEI_20060527.html?mod=tff_ main_tff_top)
My feeling is that there wont be any new bills for years sometimes. Both house and senate are deeply divided on the immigration issues. All of them want reform. But nobody can agree on any proposals being put forward to.
Most of them want 11 million illegal immigrants here for their contributions. Most of them dont want 11 million illegal immigrants when they look at what they have to pay for their contributions.
When taking into account of all of these I feel like people will argue for sometime and then will become happy with whats left. The 11 million will stay as illegal for some more years. And the legal immigrants will wait in the line for their rest of the life.
GOP's Ed Rollins: Hookergate is "Big"
By Justin Rood - May 3, 2006, 10:15 PM
GOP super-strategist Ed Rollins (late of the Katherine Harris campaign) made a couple interesting comments on Charlie Rose last night. First, he indicated strongly that he believes a number of the other lawmakers in trouble with Hookergate are Defense appropriators. He also says as many as 15 lawmakers could get indicted over the mess in the next few months.
Maybe Ed's playing the expectations game: if voters buy the 15 number, and only seven actually get busted, well then the kids aren't so bad after all. Still, it's interesting speculation from an insider. I just found the show transcript on Nexis -- emphasis is mine:
ED ROLLINS. . . If this House scandal is as big as I think it is from talking to people that are around it -- of course it started with Cunningham and it`s moving beyond that.
GEORGE STEPHANOPOULOS: Duke Cunningham.
ED ROLLINS: Duke Cunningham, a congressman from San Diego who took bribes. There was a real little cabal on the Defense Appropriations Committee in which a couple of people who basically made an awful lot of money off of defense contractors and basically rewarded a bunch of members, Republicans.
GEORGE STEPHANOPOULOS: Including a story that broke over the weekend, perhaps the use of prostitutes.
Harpers Magazine: Red Lights on Capitol Hill? (http://www.harpers.org/sb-red-lights-on-capitol-hill.html)
WSJ: Prosecutors May Widen Congressional-Bribe Case - Cunningham Is Suspected Of Asking for Prostitutes; Were Others Involved? (http://online.wsj.com/public/article/SB114610728002837324-FnHaEYAFT_b7QFGwPxnAIiEcHEI_20060527.html?mod=tff_ main_tff_top)
My feeling is that there wont be any new bills for years sometimes. Both house and senate are deeply divided on the immigration issues. All of them want reform. But nobody can agree on any proposals being put forward to.
Most of them want 11 million illegal immigrants here for their contributions. Most of them dont want 11 million illegal immigrants when they look at what they have to pay for their contributions.
When taking into account of all of these I feel like people will argue for sometime and then will become happy with whats left. The 11 million will stay as illegal for some more years. And the legal immigrants will wait in the line for their rest of the life.
maco
09-24 03:50 PM
I have bad credit will that effect my Green card?
though i am paying them off it still shows on my credit report
though i am paying them off it still shows on my credit report
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veni001
02-03 02:41 PM
There's thousands of threads that talk about porting. I don't think there's any need to re-iterate those topics again.
Specially from the crappy source you had provided.
One word worth millions, so you are more than welcome to say what ever you want to!
But, when we say something is wrong we should know what is right in the first place, we are more than happy to accept the truth, if you can share with us.
Like it or not reality is tough to digest almost all the time. Let's hope our brothers and sisters will not fall prey to the evil employer(s):(
Specially from the crappy source you had provided.
One word worth millions, so you are more than welcome to say what ever you want to!
But, when we say something is wrong we should know what is right in the first place, we are more than happy to accept the truth, if you can share with us.
Like it or not reality is tough to digest almost all the time. Let's hope our brothers and sisters will not fall prey to the evil employer(s):(
more...
krishnam70
02-17 06:59 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.
Enjoy
- kris
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.
Enjoy
- kris
karsat
10-18 03:15 PM
Can someone please post all the documents required for filing AC21 ?
more...
aristotle
07-11 11:40 AM
Please see my other thread "Stop, Think!!" for my thoughts.
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sunny1000
01-15 01:14 AM
Hi folks, sorry for posting this again, but I posted in the self-help area and nobody answered (I guess there's very little traffic there surprisingly)....
----
Hi Folks
I'm here in the US on a L1A visa and would like to apply for Green Card (I'm assuming i-485) soon. My wife who is currently outside of US has recently received her L2 visa within one business day I may add! So, we're waiting for her to join me here in the States within two months as she is currently working abroad and needs to wait for her bonus $...
In any case, I was thinking of applying for an EAD for her in conjunction of i-485, but I've been reading that others who are holding a H1 visa is also applying for an EAD (why on earth for?!) as you are allowed to work on H1 already no? I thought EAD is authorization to work only??
In my case, my wife needs EAD in order to work as L2 only allows her entry to the States and her visa would "clone" mine (ie. whatever my expiry date is, hers will expire).
Should I also apply for EAD too even though my L1a visa already permits me to work legally here in the US?
It is entirely up to you. People apply for EAD while on H1B just in case there are any complications with the H1B and/or they want to switch jobs.
If you think that your GC will be approved soon, you don't have to. But, if you have applied after Aug 1, 2007, you have already paid for a FREE EAD card with the I-485 application. All you have to do is to send in the I765 (EAD application).
This EAD (along with Advanced Parole) gives you an option to switch status to "adjustment of status" and move to another compamy under AC21 rules after 6 months of your I-485 filing (with an approved I140), if you wish. I am not sure if it is OK to use AC21 rules to move to another company using L1A (H1B is pretty straight forward).
----
Hi Folks
I'm here in the US on a L1A visa and would like to apply for Green Card (I'm assuming i-485) soon. My wife who is currently outside of US has recently received her L2 visa within one business day I may add! So, we're waiting for her to join me here in the States within two months as she is currently working abroad and needs to wait for her bonus $...
In any case, I was thinking of applying for an EAD for her in conjunction of i-485, but I've been reading that others who are holding a H1 visa is also applying for an EAD (why on earth for?!) as you are allowed to work on H1 already no? I thought EAD is authorization to work only??
In my case, my wife needs EAD in order to work as L2 only allows her entry to the States and her visa would "clone" mine (ie. whatever my expiry date is, hers will expire).
Should I also apply for EAD too even though my L1a visa already permits me to work legally here in the US?
It is entirely up to you. People apply for EAD while on H1B just in case there are any complications with the H1B and/or they want to switch jobs.
If you think that your GC will be approved soon, you don't have to. But, if you have applied after Aug 1, 2007, you have already paid for a FREE EAD card with the I-485 application. All you have to do is to send in the I765 (EAD application).
This EAD (along with Advanced Parole) gives you an option to switch status to "adjustment of status" and move to another compamy under AC21 rules after 6 months of your I-485 filing (with an approved I140), if you wish. I am not sure if it is OK to use AC21 rules to move to another company using L1A (H1B is pretty straight forward).
more...
chi_shark
10-19 12:32 PM
sue him for medical malpractice...
Can anyone point me to any documentation for physicians that suggests repeated follow-ups even after the medical report has been signed, sealed and submitted to the immigration office?
As with a lot of applicants from India, I tested positive for tuberculin because of the type of immunization we receive and had the requisite skin test and chest x-rays done. After this the doctor signed the medical report and gave me the sealed envelope. He has then put me on a 6-month medication program for tuberculosis. The medication is quite strong and is supposed to affect the liver. He also wants me to come in on a regular basis (and spend $80 every time) to get blood work done to "make sure the medication is in my blood stream".
I am not sure why I am being put on this medication for such a long period as I don't have tuberculosis. When I questioned my doctor, he said it was necessary - not giving any more details.
Have others gone through such an experience? Am I a source of residual income for his office?
Thanks in advance,
V
Can anyone point me to any documentation for physicians that suggests repeated follow-ups even after the medical report has been signed, sealed and submitted to the immigration office?
As with a lot of applicants from India, I tested positive for tuberculin because of the type of immunization we receive and had the requisite skin test and chest x-rays done. After this the doctor signed the medical report and gave me the sealed envelope. He has then put me on a 6-month medication program for tuberculosis. The medication is quite strong and is supposed to affect the liver. He also wants me to come in on a regular basis (and spend $80 every time) to get blood work done to "make sure the medication is in my blood stream".
I am not sure why I am being put on this medication for such a long period as I don't have tuberculosis. When I questioned my doctor, he said it was necessary - not giving any more details.
Have others gone through such an experience? Am I a source of residual income for his office?
Thanks in advance,
V
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Munna Bhai
01-30 09:33 AM
Hi,
-I got my I140 approved in MAY 2006.
-I got my 3 years H1B based on I140 approval. I went to India for stamping as I was out of status for 10 months due to 7th year extension pending for a long time with USCIS.
- I came to USA on this H1B in JUNE'2006 with approval until JUNE'2009.
-On JAN 2007, my company has received a letter from USCIS to 'INTENT TO Revoke' the approved I140.
-My employer responded to USCIS letter with required documents.
-We are waiting for USCIS decision.
In this situation
1.Will my H1B also be revoked if I140 is revoked?
2. Can I transfer my H1B to another employer. How much time do I have?
3. If I transfer my H1B(i have approval until JUNE2009), can I apply new labor and I140 and get extension again after 2009.
Any other suggestions , help that you can do. Please advise?
Answer:If I-140 is revoked, H1b extension is not valid but I have seen cases where USCIS has not bother much about it, if you had valid extension before revoked but do discuss this question with a lawyer.
Answer:Yes, you can transfer, do it as soon as you can.
Answer:Yes, start new PERM+I-140 and get extension for 3 years.
-I got my I140 approved in MAY 2006.
-I got my 3 years H1B based on I140 approval. I went to India for stamping as I was out of status for 10 months due to 7th year extension pending for a long time with USCIS.
- I came to USA on this H1B in JUNE'2006 with approval until JUNE'2009.
-On JAN 2007, my company has received a letter from USCIS to 'INTENT TO Revoke' the approved I140.
-My employer responded to USCIS letter with required documents.
-We are waiting for USCIS decision.
In this situation
1.Will my H1B also be revoked if I140 is revoked?
2. Can I transfer my H1B to another employer. How much time do I have?
3. If I transfer my H1B(i have approval until JUNE2009), can I apply new labor and I140 and get extension again after 2009.
Any other suggestions , help that you can do. Please advise?
Answer:If I-140 is revoked, H1b extension is not valid but I have seen cases where USCIS has not bother much about it, if you had valid extension before revoked but do discuss this question with a lawyer.
Answer:Yes, you can transfer, do it as soon as you can.
Answer:Yes, start new PERM+I-140 and get extension for 3 years.
more...
apahilaj
09-18 06:36 PM
WILL THE CASE STATUS BE UPDATED IF FP NOICE IS SENT?
Please let me know...
Reading on this forum, it doesn't seem so.
Please let me know...
Reading on this forum, it doesn't seem so.
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huchinango
04-01 03:36 PM
Dear h1bdude1:
I'm in your exact same situation. Would you mind letting me know what happened with your A# and misplaced EAD with only the copy of the front side? Did you use the old F-1 OPT A# or leave it blank?
Thanks and hope things worked out!
-H
I'm in your exact same situation. Would you mind letting me know what happened with your A# and misplaced EAD with only the copy of the front side? Did you use the old F-1 OPT A# or leave it blank?
Thanks and hope things worked out!
-H
more...
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vinabath
04-07 10:09 AM
Is this something common?. I did not get any emails after that. Following is the relevant part of the email....
"Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
On April 3, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register."
"Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
On April 3, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register."
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GCNaseeb
10-31 01:39 PM
I just called USCIS and spoke to an Immigration Officer. He said I have to resubmit both I-131 and I-765 alongwith original EAD and AP document to the service center from where I received both my EAD and AP. I also need to submit copy of original forms or a birth certificate to prove the error from USCIS in order to waive fees.
He also said Infopass is only for enquiry and won't help in typographical errors.
I guess, whole new process would take another 3-4 months; what a mess :mad:
He also said Infopass is only for enquiry and won't help in typographical errors.
I guess, whole new process would take another 3-4 months; what a mess :mad:
more...
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validIV
03-20 05:14 PM
Wow. This is gonna hurt a lot of people.
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senthil1
04-21 10:11 AM
No bill was introduced in Senate. Where is the question of voting? If anti immigrants some how make waste these 2 weeks of time in Senate then there will not be enough time to discuss. Now 60% chance. If no bill is introduced in Senate before end of may it will come down to 40%.
I believe it was House committee hearing http://judiciary.house.gov/oversight.aspx?ID=299
I believe it was House committee hearing http://judiciary.house.gov/oversight.aspx?ID=299
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chantu
02-19 06:25 PM
If you guys are discussing so much..can somebody take pain to answer my simple question?
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Gravitation
04-09 05:00 AM
http://www.time.com/time/nation/article/0,8599,1607940,00.html
President Bush returns to the Mexico border at Yuma, Arizona,� Monday to reprise last year's role as buggy-riding border sheriff. And as with every piece of White House theater, this one has a very specific audience in mind: the anti-immigration right wing of the Republican party. It is this deeply skeptical crowd Bush must win over if he is to get the last potential domestic policy achievement of his presidency: "comprehensive immigration reform." And, with Congress' summer recess and the 2008 presidential primaries approaching, time is running out.
Bush will spend most of his time in Yuma talking about his achievements in combatting illegal immigration: nearly doubling the number of border guards, funding hundreds of miles of border fence, a significant uptick in border arrests and so on. He'll also talk about progress in cracking down on illegal hiring of undocumented workers by restaurants, hotels, construction and food processing plants, among other employers. Burnishing his credentials as a law-and-order border guard is key to the effort.
But the President's "comprehensive" reform includes more than border security, and that's where conservative skepticism comes in. His proposals, unveiled to Democrats for the first time two weeks ago, aim to create not just tougher border security and tighter domestic enforcement at work sites, but also a new guest worker program and a solution for the 11-12 million illegal immigrants in the country. Though these goals� are associated with a softer line on immigration, under his new plan, Bush has played to the hardline consensus among Republicans on these issues too.
Although the plan does create a guest worker program, Democrats and Republicans familiar with it say it would not offer new guest workers a faster track to citizenship than any other foreigner trying to become an American. And while the plan does offer a path to citizenship for the millions of illegal immigrants already in the country, it sets high hurdles: They would be sent to the end of the line of those applying for citizenship, would have to pay heavy fines for the years they have been in the country, would have to show that they have held a job while here, pay full back-taxes on their earnings and pass an English exam. And in a major departure from U.S. immigration policy as it has existed since 1965, the plan would do away with citizenship for their family members.
Even as Bush struts and frets on the GOP stage, Senator Edward Kennedy is doing the same for his audience, the pro-immigration left, which is calling for full amnesty for the illegal immigrants, a liberal guest worker program and broad new thresholds for immigration in coming years. Kennedy's staff says Bush will have to make concessions before Kennedy will sign up for the President's plan, and they insist the Massachusetts Senator won't back down on such core principles as reunification for immediate family members.
Yet, for all the appearance of conflict between the two men, each is well aware that he needs to the other to get an immigration reform bill passed � that's why they've been in deep discussions on the issue since the start this year. The positions each is taking now are less oriented towards coercing the other side than towards securing maximum support from within their own party. By giving the appearance of a deep Democrat-Republican divide, they increase the chances of winning their skeptics over to a compromise. Bush and Kennedy will have more leeway to make small concessions on fines or family reunification if each has the extremes of his own party on board.�
It's a smart strategy, but it faces tough challenges, as both men are finding it harder to rally even centrist support than it was a year ago. Thanks to the 2008 elections, two key Republican� backers of last year's effort at immigration reform, John McCain and Sam Brownback, have disappeared down the campaign trail. McCain had previously united with Kennedy to form a central Senate bloc for a compromise, while Brownback played a key role representing the compassionate right. Mel Martinez, a key Hispanic Republican voice in the debate, has also gone quiet since taking over the Republican National Committee.
For his part, Kennedy must deliver Democrats who in strictly political terms have no reason to back reform. The new Congress, under Democratic control, has had a very effective three-month run blocking Bush on everything from domestic proposals to foreign affairs and the war in Iraq. Handing the president a win on a major issue like immigration reform in the run up to the 2008 elections might be good policy, but it would be bad politics.
At some point between now and the end of May, when Senate majority leader Harry Reid has said the Senate will vote on immigration reform, the theater will end and real negotiating will begin. But with thin centrist backing, skeptical party extremes, and very little time to negotiate it will take more than compelling theater to get the deal done.
President Bush returns to the Mexico border at Yuma, Arizona,� Monday to reprise last year's role as buggy-riding border sheriff. And as with every piece of White House theater, this one has a very specific audience in mind: the anti-immigration right wing of the Republican party. It is this deeply skeptical crowd Bush must win over if he is to get the last potential domestic policy achievement of his presidency: "comprehensive immigration reform." And, with Congress' summer recess and the 2008 presidential primaries approaching, time is running out.
Bush will spend most of his time in Yuma talking about his achievements in combatting illegal immigration: nearly doubling the number of border guards, funding hundreds of miles of border fence, a significant uptick in border arrests and so on. He'll also talk about progress in cracking down on illegal hiring of undocumented workers by restaurants, hotels, construction and food processing plants, among other employers. Burnishing his credentials as a law-and-order border guard is key to the effort.
But the President's "comprehensive" reform includes more than border security, and that's where conservative skepticism comes in. His proposals, unveiled to Democrats for the first time two weeks ago, aim to create not just tougher border security and tighter domestic enforcement at work sites, but also a new guest worker program and a solution for the 11-12 million illegal immigrants in the country. Though these goals� are associated with a softer line on immigration, under his new plan, Bush has played to the hardline consensus among Republicans on these issues too.
Although the plan does create a guest worker program, Democrats and Republicans familiar with it say it would not offer new guest workers a faster track to citizenship than any other foreigner trying to become an American. And while the plan does offer a path to citizenship for the millions of illegal immigrants already in the country, it sets high hurdles: They would be sent to the end of the line of those applying for citizenship, would have to pay heavy fines for the years they have been in the country, would have to show that they have held a job while here, pay full back-taxes on their earnings and pass an English exam. And in a major departure from U.S. immigration policy as it has existed since 1965, the plan would do away with citizenship for their family members.
Even as Bush struts and frets on the GOP stage, Senator Edward Kennedy is doing the same for his audience, the pro-immigration left, which is calling for full amnesty for the illegal immigrants, a liberal guest worker program and broad new thresholds for immigration in coming years. Kennedy's staff says Bush will have to make concessions before Kennedy will sign up for the President's plan, and they insist the Massachusetts Senator won't back down on such core principles as reunification for immediate family members.
Yet, for all the appearance of conflict between the two men, each is well aware that he needs to the other to get an immigration reform bill passed � that's why they've been in deep discussions on the issue since the start this year. The positions each is taking now are less oriented towards coercing the other side than towards securing maximum support from within their own party. By giving the appearance of a deep Democrat-Republican divide, they increase the chances of winning their skeptics over to a compromise. Bush and Kennedy will have more leeway to make small concessions on fines or family reunification if each has the extremes of his own party on board.�
It's a smart strategy, but it faces tough challenges, as both men are finding it harder to rally even centrist support than it was a year ago. Thanks to the 2008 elections, two key Republican� backers of last year's effort at immigration reform, John McCain and Sam Brownback, have disappeared down the campaign trail. McCain had previously united with Kennedy to form a central Senate bloc for a compromise, while Brownback played a key role representing the compassionate right. Mel Martinez, a key Hispanic Republican voice in the debate, has also gone quiet since taking over the Republican National Committee.
For his part, Kennedy must deliver Democrats who in strictly political terms have no reason to back reform. The new Congress, under Democratic control, has had a very effective three-month run blocking Bush on everything from domestic proposals to foreign affairs and the war in Iraq. Handing the president a win on a major issue like immigration reform in the run up to the 2008 elections might be good policy, but it would be bad politics.
At some point between now and the end of May, when Senate majority leader Harry Reid has said the Senate will vote on immigration reform, the theater will end and real negotiating will begin. But with thin centrist backing, skeptical party extremes, and very little time to negotiate it will take more than compelling theater to get the deal done.
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dilbert_cal
04-25 12:04 AM
WillGetGC2005 - here is my understanding of your case :-
You have PD of 2002. You filed 140 and it is already approved. Your 485 is also filed and its more than 2 years on it.
If the above is correct, you do not need to do PD transfer or start any new labor process either.
What you need to do is use AC21. When you change employers, make sure that the new employer/lawyer sends a note that you are using AC-21 to transfer your job and your new job is same as your old job. Your GC process will continue normally after that using the 485 you have filed.
The rule is if you have an approved I140 and your 485 is pending for more than six months, you can transfer employers using AC21. Your previous employer CANNOT revoke your I-140.
This is my understanding. If you have a new employer and have a job offer , just have a talk with the lawyer and things will clear up.
You have PD of 2002. You filed 140 and it is already approved. Your 485 is also filed and its more than 2 years on it.
If the above is correct, you do not need to do PD transfer or start any new labor process either.
What you need to do is use AC21. When you change employers, make sure that the new employer/lawyer sends a note that you are using AC-21 to transfer your job and your new job is same as your old job. Your GC process will continue normally after that using the 485 you have filed.
The rule is if you have an approved I140 and your 485 is pending for more than six months, you can transfer employers using AC21. Your previous employer CANNOT revoke your I-140.
This is my understanding. If you have a new employer and have a job offer , just have a talk with the lawyer and things will clear up.
la6470
03-13 01:24 PM
I heard companies like TCS Wipro HCL (all desi outsourcing firms) have now started to again apply for H1B instead of L1...are they doing green cards too?
raysaikat
04-20 10:54 AM
Dealsnet thank you for your input,
I already have an OPT and planning to work on it in the real estate field. but my Opt will be expiring at the end of this year and i am looking for other ways to keep working in the US. From what you telling me i don t have much options. i will keep looking or hire a lawyer there must be a solution. i am a bit surprised that they allow you to work in such field with an OPT and you can t take it anywhere.
Thanks for your help, I really appreciate it.
The work you do in your OPT must be in your field of studies. You are likely violating immigration rules during your OPT period as well unless your degree was in secretarial work or real estate (I do not know of any such degree ...)
USCIS - Questions and Answers: Extension of Optional Practical Training Program for Qualified Students (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9a3d3dd87aa19110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
"Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student�s major area of study. Under the prior rules, an F-1 student could be authorized to receive up to a total of 12 months of practical training either before (pre-) and/or after (post-) completion of studies."
I already have an OPT and planning to work on it in the real estate field. but my Opt will be expiring at the end of this year and i am looking for other ways to keep working in the US. From what you telling me i don t have much options. i will keep looking or hire a lawyer there must be a solution. i am a bit surprised that they allow you to work in such field with an OPT and you can t take it anywhere.
Thanks for your help, I really appreciate it.
The work you do in your OPT must be in your field of studies. You are likely violating immigration rules during your OPT period as well unless your degree was in secretarial work or real estate (I do not know of any such degree ...)
USCIS - Questions and Answers: Extension of Optional Practical Training Program for Qualified Students (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9a3d3dd87aa19110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
"Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student�s major area of study. Under the prior rules, an F-1 student could be authorized to receive up to a total of 12 months of practical training either before (pre-) and/or after (post-) completion of studies."
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