desi3933
08-10 06:50 AM
Questions for everyone to research and post the answers------
........
-- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.
There is no such law that specifies any duration one has to be employed by GC (or AC-21) employer. Period.
However, there is a twist to it. As per law, the beneficiary MUST have intent to work for GC employer at the time of filing of I-485 and intent to work for AC-21 employer if invoking AC-21. However, this intent is to start work AFTER getting green card. The intent is subject to change, too.
By working for the employer for some duration, it is easier to demonstrate that person has intent to work for the employer for the full time job offered. This duration is not written in stone, and every lawyer interprets differently. For me (and this for just me), 90 days should be a safe duration, since it has been tested in courts that 90 days a long enough time when intent of the person can change. (This is known as 30-60-90 day intent rule). This is why lawyers usually advise to wait for 90 days when a person on single intent non-immigrant visa (such as B1 or F1) wants to file for I-130/I-140 and/or I-485.
______________________
Not a legal advice.
US citizen of Indian origin
........
-- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.
There is no such law that specifies any duration one has to be employed by GC (or AC-21) employer. Period.
However, there is a twist to it. As per law, the beneficiary MUST have intent to work for GC employer at the time of filing of I-485 and intent to work for AC-21 employer if invoking AC-21. However, this intent is to start work AFTER getting green card. The intent is subject to change, too.
By working for the employer for some duration, it is easier to demonstrate that person has intent to work for the employer for the full time job offered. This duration is not written in stone, and every lawyer interprets differently. For me (and this for just me), 90 days should be a safe duration, since it has been tested in courts that 90 days a long enough time when intent of the person can change. (This is known as 30-60-90 day intent rule). This is why lawyers usually advise to wait for 90 days when a person on single intent non-immigrant visa (such as B1 or F1) wants to file for I-130/I-140 and/or I-485.
______________________
Not a legal advice.
US citizen of Indian origin
wallpaper irthday wishes brother. Messages irthday wishes for
bluekayal
08-29 05:25 PM
I came through SFO a few days ago. I was prepared to leave if told that I could not stay, (having lost my job last November and not having found another). I was asked if I was still working for the petitioner, I replied truthfully that I was not and that I was looking for another job. I was then told it was OK, and "welcome back".
I've got a code I biometric notice eventhough I did not apply for and EAD. What might this mean? Thanks to USCIS I lost a 2004 PD ...now its a 8/2006 PD.
In the meanwhile I have a Phd offer from a top UK university and am planning to take that opportunity, even though I have an admission to a Master's here with full scholarship.
Bluekayal Sorry to hear that you are still stuck in this mess. I am still in the university this is my second job change after GC. Hope your job and GC situation change to positive soon.
I've got a code I biometric notice eventhough I did not apply for and EAD. What might this mean? Thanks to USCIS I lost a 2004 PD ...now its a 8/2006 PD.
In the meanwhile I have a Phd offer from a top UK university and am planning to take that opportunity, even though I have an admission to a Master's here with full scholarship.
Bluekayal Sorry to hear that you are still stuck in this mess. I am still in the university this is my second job change after GC. Hope your job and GC situation change to positive soon.
NKR
06-02 08:45 AM
Later my wife made me realize that family life is most important as long as we are together, country of residence does not matter. When our son was born last month, I truly felt 'damn GC'.. funnily got approved in the same week:
Congratulations. I wish the baby all the very best in life. With regards to GC, yes, sometimes you get things when you are least expecting it.
Congratulations. I wish the baby all the very best in life. With regards to GC, yes, sometimes you get things when you are least expecting it.
2011 Birthday Wishes To A Special
BharatPremi
03-26 11:09 AM
Hello BharatPremi,
I was in the Interfiling situation for the last four months but EB2 India was Retrogressed and then Unavailable as you know. But, I got the advice from my Lawyer that I should Interfile and not wait for the EB2 India dates to get current. So, at the end of Feb '08 I decided to Interfile with my lawyer's help.
With the cover letter as suggested in various earlier posts he made sure he sent the Original Approval Notice of the I140 and not a copy.
The main text of the letter was:
In accordance with 8 C.F.R. �204.5(e) , the applicant hereby request your office to amend the priority date to that of <new I140 Priority Date> as indicated on the enclosed original approved I-140 petition on behalf of the applicant.
In the footnotes, this was included:
1. A petition approved on behalf of an alien under sections 203(b) (1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b) (1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date.
It was beginning of March when this was done. Then in mid-March, I got the great news that EB2 India is current for my PD. We will see what happens in April '08 !!!
No news from USCIS yet on the Interfiling app. My lawyer suggested to call after a month of the application's RD.
Waiting on GC for more than 6 years. I hope this is the last thing to do before AOS is approved for us and we receive the PR Card.
Hope this info helps.
Best of Luck for your case.
Thanks Sanbaj. Do you have both applications under same sponsor? Or different sponsor? My case is: both different sponsor and on top of that now I am working for third company using AC21 -EAD. Can any complications arise?
I was in the Interfiling situation for the last four months but EB2 India was Retrogressed and then Unavailable as you know. But, I got the advice from my Lawyer that I should Interfile and not wait for the EB2 India dates to get current. So, at the end of Feb '08 I decided to Interfile with my lawyer's help.
With the cover letter as suggested in various earlier posts he made sure he sent the Original Approval Notice of the I140 and not a copy.
The main text of the letter was:
In accordance with 8 C.F.R. �204.5(e) , the applicant hereby request your office to amend the priority date to that of <new I140 Priority Date> as indicated on the enclosed original approved I-140 petition on behalf of the applicant.
In the footnotes, this was included:
1. A petition approved on behalf of an alien under sections 203(b) (1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b) (1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date.
It was beginning of March when this was done. Then in mid-March, I got the great news that EB2 India is current for my PD. We will see what happens in April '08 !!!
No news from USCIS yet on the Interfiling app. My lawyer suggested to call after a month of the application's RD.
Waiting on GC for more than 6 years. I hope this is the last thing to do before AOS is approved for us and we receive the PR Card.
Hope this info helps.
Best of Luck for your case.
Thanks Sanbaj. Do you have both applications under same sponsor? Or different sponsor? My case is: both different sponsor and on top of that now I am working for third company using AC21 -EAD. Can any complications arise?
more...
aknynd
12-28 11:28 AM
Hi,
I-140 approved - June 2006
I-485 Filed in July 2007
AP- Approved Oct 2007
FP - Done in Oct 2007
Can someone tell me how to check whether Finger Printing is cleared and case has been sent/approved from FBI Name Check
I-140 approved - June 2006
I-485 Filed in July 2007
AP- Approved Oct 2007
FP - Done in Oct 2007
Can someone tell me how to check whether Finger Printing is cleared and case has been sent/approved from FBI Name Check
arunarch
08-22 01:35 PM
I might be wrong, but I think the way it works is by supply and demand. If the supply of new visa numbers is much less than the demand, the dates might go back.
more...
Devils_Advocate
05-19 09:12 PM
They should have a system like they have in UK, where they straight-away grant permanent residency to any international graduate from a list of top universities compiled by them.
2010 happy irthday greetings to
Ram_C
11-09 01:18 PM
anyone of you see a pattern here with this FP notice delay??
or USCIS is still claiming its consistency in being inconsistent :rolleyes:
or USCIS is still claiming its consistency in being inconsistent :rolleyes:
more...
sugaur
07-28 08:58 PM
There is a question about removing per country limit at the end.These morons are very concerned that no single country (meaning China and India) overwhelm the supply of immigrant visa's. I wonder if they will consider applying country limits when passing amnesty :D
hair irthday wishes brother.
chtting2me
10-09 07:43 PM
My employer is not giving copy of my I140. With out I140 how to port it to an other job/employer etc ?
Can some on advise me !
Can some on advise me !
more...
Madhuri
04-01 08:47 PM
Sent both faxes to CA senators
hot Birthday Wishes For Brother.
hotammo
10-29 09:46 AM
As our members get greencards, we are happy for them and wish them good luck for future. Please continue to support Immigrationvoice and visit this site to help others waiting in line. If there are sufficient greencard holder members, we can even take up issues confronting greencard applicants in future.
This thread is to start a discussion and hear experiences from members who have received their greencard. Please write �
- How has greencard changed your life after receiving it?
Not very many things have changed since getting GC but with the economy in turmoil at least I have a little peace of mind that if anything were to happen to my current job, the struggle for another job would be easier (hopefully). -
- What did you do on the day you received it?
Went with my wife to a Moe's
- How did the long wait upset your life?
It did not affect my life too much and it should not as I got my GC within 7 years of my coming to the US, while a lot of my borthers who have been to the US longer than I are still waiting. - How did immigrationvoice help you during this long wait?
IV was like panacea for all immigration related anxieties.- Would you like to continue your support to immigration voice and help others waiting?
Absolutely, thus coming back to IV.
- Any advice for everyone?
Well coming from a person who had to wait relatively less time for GC, this might seem shallow, but I have followed one simple principle in life, perserverence. Also I have planned ahead for the next step before one reaches the finish line as it keeps you motivated to reach higher, become better. So let GC be the goal but not let it stop you from enjoying life.
First step after GC, go to SSN office and get your Social Security card renewed to the one which does not have the line "INS authorization required to work. ANd if you follow Murthy wait at least 6 months before leaving your GC sponsoring employer.
Once anyone received his greencard, please update the IV tracker too. We like to see how many members in IV are greencard holders and what is the current trend of approvals in our membership
http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63
Good luck to all, with wishes for a Happy Diwali and a prosperous New Year.
This thread is to start a discussion and hear experiences from members who have received their greencard. Please write �
- How has greencard changed your life after receiving it?
Not very many things have changed since getting GC but with the economy in turmoil at least I have a little peace of mind that if anything were to happen to my current job, the struggle for another job would be easier (hopefully). -
- What did you do on the day you received it?
Went with my wife to a Moe's
- How did the long wait upset your life?
It did not affect my life too much and it should not as I got my GC within 7 years of my coming to the US, while a lot of my borthers who have been to the US longer than I are still waiting. - How did immigrationvoice help you during this long wait?
IV was like panacea for all immigration related anxieties.- Would you like to continue your support to immigration voice and help others waiting?
Absolutely, thus coming back to IV.
- Any advice for everyone?
Well coming from a person who had to wait relatively less time for GC, this might seem shallow, but I have followed one simple principle in life, perserverence. Also I have planned ahead for the next step before one reaches the finish line as it keeps you motivated to reach higher, become better. So let GC be the goal but not let it stop you from enjoying life.
First step after GC, go to SSN office and get your Social Security card renewed to the one which does not have the line "INS authorization required to work. ANd if you follow Murthy wait at least 6 months before leaving your GC sponsoring employer.
Once anyone received his greencard, please update the IV tracker too. We like to see how many members in IV are greencard holders and what is the current trend of approvals in our membership
http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63
Good luck to all, with wishes for a Happy Diwali and a prosperous New Year.
more...
house Wish My Brother a Happy
pd_recapturing
06-19 03:21 PM
What if you apply 485 on your own and then, employer fires you just because, you did not abide by his rule. What would happen in that case ? I guess, in most of the cases where employer is creating problem with 485 filing, ppl might not be wanting to go on their own due to above mentioned problem.
tattoo irthday wishes! Brother
zram1977
03-18 09:35 AM
Can some one provide statistics of letter received by IV
Core team's 2 lines of update abt letter campaign is appreciated.!!!
Core team's 2 lines of update abt letter campaign is appreciated.!!!
more...
pictures irthday card for rother
gianik
05-25 01:23 PM
Does anyone know how Quebec compares to Ontario. Specifically Montreal to Toronto. Economically, culturaly, etc.?
I would appreciate any comment. Thanks
I would appreciate any comment. Thanks
dresses irthday wishes for rother
tabletpc
09-24 12:13 PM
u r PD is March 2006, when was it current...???
In case u r GC got approved while u r PD was current then, sorry to say as for as my knwoledge goes, you may not have much option other than bringing u r spouse on F1/L1/H1.
In case u r GC got approved while u r PD was current then, sorry to say as for as my knwoledge goes, you may not have much option other than bringing u r spouse on F1/L1/H1.
more...
makeup funny irthday quotes for
dionysus
08-20 07:17 PM
You must name him. God forbid if it is my own employer, and he has done the same backstabbing to me too. Please let me know the name of this bastard, atleast in a private message so that I can sleep better tonight.
girlfriend Birthday Wishes For Brother In
delhirocks
07-02 05:11 PM
To all:
Can everybody please let us know how much money you have spent so far to file 485. We have contacted reporter and she need more information from us.
Please do this asap.
Just put total amount you have spent for 485 like Medical cost, attorney fees, mail service, birth certificate, cancelling your planned trip , photos and so on.
http://economictimes.indiatimes.com/articleshow/2166260.cms
Thanks.
485 for 2 people
Medical: $900
Photographs: $60
Expenses occured in expediting paperwork from home country (next day fedex, notary fees etc): $100
Non-Monetary costs
My wife & I can't plan a baby, for the next 6 months. (We had been going down that path)
Drove 120 miles to get medical
Missed 2 days from work
Can everybody please let us know how much money you have spent so far to file 485. We have contacted reporter and she need more information from us.
Please do this asap.
Just put total amount you have spent for 485 like Medical cost, attorney fees, mail service, birth certificate, cancelling your planned trip , photos and so on.
http://economictimes.indiatimes.com/articleshow/2166260.cms
Thanks.
485 for 2 people
Medical: $900
Photographs: $60
Expenses occured in expediting paperwork from home country (next day fedex, notary fees etc): $100
Non-Monetary costs
My wife & I can't plan a baby, for the next 6 months. (We had been going down that path)
Drove 120 miles to get medical
Missed 2 days from work
hairstyles BIRTHDAY WISHES TO MY
rghrdr777
08-10 12:31 AM
PD: April 1, 2004 (EB2-I)
140 Approved May 2007
Name check cleared (according to couple of calls made to TSC IO's in March 2008)
First set of EAD's approved in September 2007
First set of AP's Approved in October 2007
Second set of EAD's approved for self and spouse in May 2008
140 Approved May 2007
Name check cleared (according to couple of calls made to TSC IO's in March 2008)
First set of EAD's approved in September 2007
First set of AP's Approved in October 2007
Second set of EAD's approved for self and spouse in May 2008
Marphad
06-17 10:04 AM
I support.
Jaime
05-26 09:36 AM
Mihird:
Those are good points. We are not all Indian or Chinese on this website and in my case I moved to the US because of insecurity in my country (got kidnapped twice). If I went back there I could have a top job with a top company (and have had many offers) but that is not a place where I'd like to raise a family.
Before the US I almost moved to China, but then I got the US job offer. I now have the Canada option, but I wouldn't mind moving to India. I have lots of Indian friends and I think Indians are easily one of the very nicest people in the world while being smart too (not conceited), plus they speak English. (Nothing against China, but it would take me at least 3 years to learns OK Chinese)
Anyone have any advice about finding a job in India? (I am serious) I have to have options since my home country is not an option, and in case Canada doesn't work for me. If anyone can give me information on moving to India I would really appreciate it. Thanks!
Those are good points. We are not all Indian or Chinese on this website and in my case I moved to the US because of insecurity in my country (got kidnapped twice). If I went back there I could have a top job with a top company (and have had many offers) but that is not a place where I'd like to raise a family.
Before the US I almost moved to China, but then I got the US job offer. I now have the Canada option, but I wouldn't mind moving to India. I have lots of Indian friends and I think Indians are easily one of the very nicest people in the world while being smart too (not conceited), plus they speak English. (Nothing against China, but it would take me at least 3 years to learns OK Chinese)
Anyone have any advice about finding a job in India? (I am serious) I have to have options since my home country is not an option, and in case Canada doesn't work for me. If anyone can give me information on moving to India I would really appreciate it. Thanks!
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