simon03
08-16 01:26 PM
I am not an expert but this is my understanding:
there is no requirement to work for the employer sponsoring your green card. Business requirements can change any day, and if your previous employer doesn't have a job for you...it shouldn't be a problem as long as
1. you have a current job that is similar in duties
2. your previous employer didn't withdraw I-140 and your I-140 was pending 180 days after filing I-485
3. At the time of filing I-140, the job offer was bona-fide (non-frivolous). At the time of filing I-485 with other employer, the job you were employed in was similar and employer had bona-file permanent offer
You can always send USCIS informing a change of employer (AC21), they wouldn't take back GC as long as you c
there is no requirement to work for the employer sponsoring your green card. Business requirements can change any day, and if your previous employer doesn't have a job for you...it shouldn't be a problem as long as
1. you have a current job that is similar in duties
2. your previous employer didn't withdraw I-140 and your I-140 was pending 180 days after filing I-485
3. At the time of filing I-140, the job offer was bona-fide (non-frivolous). At the time of filing I-485 with other employer, the job you were employed in was similar and employer had bona-file permanent offer
You can always send USCIS informing a change of employer (AC21), they wouldn't take back GC as long as you c
wallpaper Calendario de los Picapiedra
EndlessWait
12-07 03:03 PM
bump /\/\
NO_Free_Rider
09-14 12:47 PM
Looks like your I140s denied for ability to pay (based on the RFEs). But also you were paid more than the prevailing wages! Per my exp, even if company makes loss, but you were getting paid, it shouldn't be a reason for denial.
I came to US on H1B in 2000. I have an engineering degree (10+2+4) from a premier institute in India in Information Systems. Before coming to US I worked for an MNC for 4+ years. I am with the current employer since 2003. Following are my case details.
Case 1:
EB2 Labor filed: April 2005
Labor Approved: December 2005
I-140 Filed: January 2006
RFE for Ability 2 pay and RFE replied.
I-140 Denied: August 2007
Never recieved the denial notice as per the lawyer
Case 2:
EB2 Labor filed: August 2005
Labor Approved: January 2006
I-140 Filed: August 2007 (I checked the status online and informed the lawyer who immediately filed for this I-140 basing on the approved labor)
I-485 Filed: August 2007
RFE for W2/wages company tax information etc that were replied on time.
I-140 Denied Sep 2009
EAD valid till October: 2010
AP Valid till Feb 2010
H1 B 8th year extension filed: July 2008 (There was a mistake during the filing as the reference was made to denied I-140 instead of the pending one)
Extension Denied based on Case 1 I-140: October 2008
I-290B Appeal to commissioner filed and pending as of date
Case 3:
Pending EB2 labor since October 2008.
I am paid more than the prevailing wages. Now the question is:
1. Should I file for MTR/Appeal (we still haven't recieved the denial notice).
2. I believe it is just a matter of time before I-485 status changes to denied. Will the EAD/AP become invalid as well?
3. If MTR/Appeal is filed for I-140, can I still continue working?
Any thoughts or suggestions will be appreciated.
I came to US on H1B in 2000. I have an engineering degree (10+2+4) from a premier institute in India in Information Systems. Before coming to US I worked for an MNC for 4+ years. I am with the current employer since 2003. Following are my case details.
Case 1:
EB2 Labor filed: April 2005
Labor Approved: December 2005
I-140 Filed: January 2006
RFE for Ability 2 pay and RFE replied.
I-140 Denied: August 2007
Never recieved the denial notice as per the lawyer
Case 2:
EB2 Labor filed: August 2005
Labor Approved: January 2006
I-140 Filed: August 2007 (I checked the status online and informed the lawyer who immediately filed for this I-140 basing on the approved labor)
I-485 Filed: August 2007
RFE for W2/wages company tax information etc that were replied on time.
I-140 Denied Sep 2009
EAD valid till October: 2010
AP Valid till Feb 2010
H1 B 8th year extension filed: July 2008 (There was a mistake during the filing as the reference was made to denied I-140 instead of the pending one)
Extension Denied based on Case 1 I-140: October 2008
I-290B Appeal to commissioner filed and pending as of date
Case 3:
Pending EB2 labor since October 2008.
I am paid more than the prevailing wages. Now the question is:
1. Should I file for MTR/Appeal (we still haven't recieved the denial notice).
2. I believe it is just a matter of time before I-485 status changes to denied. Will the EAD/AP become invalid as well?
3. If MTR/Appeal is filed for I-140, can I still continue working?
Any thoughts or suggestions will be appreciated.
2011 collegamento_pagina
vallabhu
04-26 02:17 PM
I guess we would have , as we are not leaving but chose to live with the problems.
more...
t4930pd
10-20 01:27 PM
4th grader at USCIS decides the future of highly educated people! What a "JOKE".
pappu
09-01 10:06 AM
Yes, you must get another letter from company A, HR or some big official with all dates.
Plus get any proof you can get that proves you were employed. (affidevits, paystubs, tax W2s ...). Everything will count.
And select a good lawyer. Read IV spotlight topic on it.
Ability to pay and RFEs used to be my favorite subject few years ago :)
Plus get any proof you can get that proves you were employed. (affidevits, paystubs, tax W2s ...). Everything will count.
And select a good lawyer. Read IV spotlight topic on it.
Ability to pay and RFEs used to be my favorite subject few years ago :)
more...
saimrathi
08-10 04:07 PM
Can't attend.. Contributed $100 towards the cause..
2010 calendario di marzo 2011
modvik
05-25 12:12 AM
Thats a great idea. Could one of the moderators please do this. Raise the urgency on this so that some the dormant ones do it as well.
more...
sunny1000
01-09 09:49 PM
Can some body help with the below Questions?
1 . After getting Divorce in USA do we need to update the INS(is it Mandatory) to take away the wife from my Green card Process?
2. Planning to get remarried in India , while sending my new wife for H4 stamping , Is divorce doc alone is sufficient and if do not update the INS on my divorce , while my new wife goes to H4 stamping will that take care of evrything?
Please reply
thanks
It is necessary to update USCIS on your divorce so that you can add your new wife to the GC process.
1 . After getting Divorce in USA do we need to update the INS(is it Mandatory) to take away the wife from my Green card Process?
2. Planning to get remarried in India , while sending my new wife for H4 stamping , Is divorce doc alone is sufficient and if do not update the INS on my divorce , while my new wife goes to H4 stamping will that take care of evrything?
Please reply
thanks
It is necessary to update USCIS on your divorce so that you can add your new wife to the GC process.
hair März//March//Marzo 2011. Vitoria/Gasteiz
rajenk
01-16 09:00 PM
Thanks Raj for your reply.
- Can I file (EB2) I-140 amendment and ask USCIS for transferring EB3 PD to EB2 by providing EB3 I-140 receipt?
- Can I file my 485 with pending answer on I-140 amendment?
1. Yes you can certainly do that too.
2. If your PD would be current by the EB2 PD port, yes you can file I-485 along with the amendment request.
- Can I file (EB2) I-140 amendment and ask USCIS for transferring EB3 PD to EB2 by providing EB3 I-140 receipt?
- Can I file my 485 with pending answer on I-140 amendment?
1. Yes you can certainly do that too.
2. If your PD would be current by the EB2 PD port, yes you can file I-485 along with the amendment request.
more...
kcindian
08-04 02:19 PM
Thanks REQUIRE_GC. I am surprised that I have not received any notification when I had applied for my wife and myself on July 01.
Is this because you are EB2? You applied in NSC i assume.
Is this because you are EB2? You applied in NSC i assume.
hot Calendario 2011 marzo y abril
grinch
05-11 01:56 PM
The font and color of font doesn't fit in the apple stamp ;)
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house Marzo Abril Calendario Quintos
dbevis
January 31st, 2005, 07:29 AM
Solitary 2 would have been a very strong shot if you'd been able to do two things:
Include the hole and fishing line going down into it.
Captured more of that facial expression.
Three things would have been conveyed: He's alone, he's fishing, and he's focused on his task.
Include the hole and fishing line going down into it.
Captured more of that facial expression.
Three things would have been conveyed: He's alone, he's fishing, and he's focused on his task.
tattoo Calendario febbraio/marzo 2011
Tantra
07-12 02:02 PM
There are over 1300 guests and our strength is (sadly) in our numbers. How beautiful would it be to see reduction in this number of people in different types of limbo in their life, but that would require a concerted voice of legal immigrants to cause any ripple anywhere.
Come, join in this novel and noble struggle for self-respect and fair treatment. There is no financial commitment needed, though members could contribute as they deem right and through their participation in various IV activities.
Come, join in this novel and noble struggle for self-respect and fair treatment. There is no financial commitment needed, though members could contribute as they deem right and through their participation in various IV activities.
more...
pictures …da appendere 2011
WeShallOvercome
07-23 03:36 PM
yellow :D
My lawyer is not telling me the color of the envelope.
Will my application be rejected ? :D :D :D
My lawyer is not telling me the color of the envelope.
Will my application be rejected ? :D :D :D
dresses calendario-2011-norelys-
pointlesswait
02-24 09:41 AM
u can log onto USCIS website and check the status of ur past and pending cases.
but u need to know the LIN #'s...
so add ur previous 140 case and check for any updates..simple!
Case reopened or reconsidered based on USCIS determination, and the case is now pendiDid anyone see this kind of status on their approved H1b application?
Please share your views.
but u need to know the LIN #'s...
so add ur previous 140 case and check for any updates..simple!
Case reopened or reconsidered based on USCIS determination, and the case is now pendiDid anyone see this kind of status on their approved H1b application?
Please share your views.
more...
makeup del 1º de Marzo hasta las
Ann Ruben
01-08 11:26 PM
There are really two questions here. First, are you eligible for unemployment compensation? And second, will applying for unemployment compensation adversely impact your application for adjustment of status to lawful permanent resident?
The answer to the first question is controlled by the law of the particular state in which you worked and/or reside. In theory, to be eligible one must have worked long enough that an adequate amount of UC insurance was paid into the UC system, AND one must be willing and ABLE to accept new employment. The law varies from state to state with respect to whether someone in your situation qualifies as "ABLE" to accept new employment. If you let me know where you reside and work, I can try to provide further guidance as to eligibility for UC benefits.
As to the second question, (assuming your I-140 has been approved and your I-485 has been pending for more than 180 days) under the INA, when your PD is reached and your I-485 is adjudicated, you are required to have the intention to take up an offer of permanent full time employment in the same or similar occupation for which your LC was granted. This is a prospective requirement, and your employment status prior to the actual grant of AOS is relevant only to the extent that it supports or undercuts your ability to prove that you have an appropriate offer of full time employment which you intend to take up. There is no requirement that you be employed while you are waiting for your priority date to become current and your I-485 to be adjudicated. However, being unemployed or employed in an entirely unrelated occupation could trigger USCIS to perform a more searching inquiry into the bona fides of the prospective AC21 qualifying job offer and your intention to accept it.
To the best of my knowledge, USCIS is not notified when an AOS applicant applies for UC. Similarly, I am not aware of any cases where an UC claim triggered an RFE. Nevertheless, it would be prudent to act on the assumption that USCIS is aware of UC claims and be well prepared to prove one's intention to take up a bona fide offer of AC 21 qualifying employment once your PD is reached.
The answer to the first question is controlled by the law of the particular state in which you worked and/or reside. In theory, to be eligible one must have worked long enough that an adequate amount of UC insurance was paid into the UC system, AND one must be willing and ABLE to accept new employment. The law varies from state to state with respect to whether someone in your situation qualifies as "ABLE" to accept new employment. If you let me know where you reside and work, I can try to provide further guidance as to eligibility for UC benefits.
As to the second question, (assuming your I-140 has been approved and your I-485 has been pending for more than 180 days) under the INA, when your PD is reached and your I-485 is adjudicated, you are required to have the intention to take up an offer of permanent full time employment in the same or similar occupation for which your LC was granted. This is a prospective requirement, and your employment status prior to the actual grant of AOS is relevant only to the extent that it supports or undercuts your ability to prove that you have an appropriate offer of full time employment which you intend to take up. There is no requirement that you be employed while you are waiting for your priority date to become current and your I-485 to be adjudicated. However, being unemployed or employed in an entirely unrelated occupation could trigger USCIS to perform a more searching inquiry into the bona fides of the prospective AC21 qualifying job offer and your intention to accept it.
To the best of my knowledge, USCIS is not notified when an AOS applicant applies for UC. Similarly, I am not aware of any cases where an UC claim triggered an RFE. Nevertheless, it would be prudent to act on the assumption that USCIS is aware of UC claims and be well prepared to prove one's intention to take up a bona fide offer of AC 21 qualifying employment once your PD is reached.
girlfriend CALENDARIO 2011 - Marzo
magician7989
09-05 05:00 PM
Anybody going to the DC Rally. We really need to lobby for change in the immigrations system. Immigrants inject a lot of wealth of capital and wealth in the US.
hairstyles Calendario proiezioni
sidd_k2002
02-11 01:45 PM
Kederex,
Were you working on H1 when you sponsored your parents for graduation? Because i am working on my OPT and that fears me most when i think of sponsoring my parents, since OPT is nothing but simply a part of F1 visa
Were you working on H1 when you sponsored your parents for graduation? Because i am working on my OPT and that fears me most when i think of sponsoring my parents, since OPT is nothing but simply a part of F1 visa
Mr. Brown
09-30 05:53 PM
... there are always idiots in any group.
nixstor
06-30 05:33 PM
I would love to hear some updates from the OB.
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