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rolrblade

07-20 01:33 PM

What happens if I get my EAD after 180 days of concurrent filing i-140 & i-485, and my employer no longer has a vacancy for me. Can I start at another job or do I have to refile the i-140. (I'm not presently working for the company yet)

All :

this discussion is covered in more detail on this thread.

http://immigrationvoice.org/forum/showthread.php?t=10693

Please follow it there. It will help answer so many of your questions.

Sorry techbuyer....to steal your thunder :)

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ras

10-13 09:09 PM

All 3 - checks cashed on Oct 11. I got the reciept no.s on the back of the checks. When can I expect to recieve the notices? I am planning travel by the end of this month. Is that OK to travel with just the reciept no's or do I need to have the reciept notices with me. Also I have a valid H1 visa till 2009. Advice greatly appreciated.

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sbmallik

05-15 03:57 PM

I am planning to file Labor under EB2. Below is my education detail.

3 years Bachelor Degree i.e. B.Com.
2 years MBA(Information Technology)
10 years pure IT experience in Java, Oracle
5 Professional Certification from Sun Microsystem,Oracle and IBM

Based on these education background will I have problem with EB2 labor and I-140 approval?

Please suggest.


FYI - EB2 category literally means either US Masters or US Bachelors + 5 years of progressive experience. In your case it is imperative to prove that 3 year B.Com together with 2 year MBA yields a U.S. Bachelor Degree in Computer Science. Moreover, the education and work experience should match.

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iak1973

11-05 04:39 PM

Lets improve the chances to Mr. Narayana krishnan...

Please vote for him, thanks in advance.


iak

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arc

06-17 02:33 PM

AC 21 allows you to change jobs 21 times. :)

come on, once you complete 180 days you are a free bird on EAD. Enjoy it. The only limitation is that you need to work on same or similar job and similar salary. everything else is sugar.

When you say same or similar profile, what does that mean? The same or similar according to what was mentioned on PERM?

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sbmallik

05-15 03:57 PM

I am planning to file Labor under EB2. Below is my education detail.

3 years Bachelor Degree i.e. B.Com.
2 years MBA(Information Technology)
10 years pure IT experience in Java, Oracle
5 Professional Certification from Sun Microsystem,Oracle and IBM

Based on these education background will I have problem with EB2 labor and I-140 approval?

Please suggest.


FYI - EB2 category literally means either US Masters or US Bachelors + 5 years of progressive experience. In your case it is imperative to prove that 3 year B.Com together with 2 year MBA yields a U.S. Bachelor Degree in Computer Science. Moreover, the education and work experience should match.

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H1bslave

04-16 12:45 PM

I am willing to move to Flower Mound, TX. Any info will be greatly appreciated!

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GCAmigo

02-23 02:17 PM

I dont think economy is THAT bad.

It is in fact going through the worst ever phase!

~GCA

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99mutd08

06-18 03:50 PM

Nathu lodge is good to stay for 30 rs/night. This is behind the big koorakarkat near the laddoo baba temple. Just across the street from 2 coconut trees and coconut waterwaala.

Nathu lodge...30 Rs/night...lol.....good luck finding that

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GCcomesoon

10-31 02:39 PM

Its been more than 90 days for me and I don't have even a receipt no.Lawyer says that things have been delayed. Can it be delayed so much that I don't have even receipt no ? :confused:


Hi

I got my EAD approved last week on 10/25 after 143 days.I had made 2 info pass appointments, had called USCIS & created 2 service requests after which I guess even my attorney had called USCIS . Only after all this , the message on USCIS online showed that "Card ordered" Actually I have to still receive my physical card in hand. Can you believe even my FP is pending for last almost 5 months now ?

Thanks
GCcomesoon


Priority date - 05/2003
140 approved - 10/2006 from TSC
485,131,765 RD-6/04/2007 at TSC, notices received - 06/07/2007
CA, EB2
Wife's case returned due to some error,send it again & received on 06/17/2007 as per Fedex
Wife's case RD- 7/10/2007

LUD in my case - I131 - 7/10/07, approved - 7/24/07
LUD in my case - 1131,485,765, - 7/11/07
LUD in spouse's case - I131-7/11/07
EAD cleared for spouse - 08/20/07
FP for spouse - 08/08/07 , I rescheduled it.
FP scheduled - 10/03/07 - Done
AP approved for spouse - 09/12/07
EAD -10/25 - message - Card ordered online.
Still waiting for actual EAD card & FP

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amitjoey

06-14 01:39 PM

Please help, in my case my I 140 is approved under EB2 but the old company is split.I have since then joined a new company and have a new H1b but yet to start thr PERM process.I am still in good terms with both partners of the old company.Can I file 485 from the old company and use ac21.

485 can be filed for future employment. So technically, your old company with one of the partners can file for 485, presuming no other technical flaws with ability to pay and other such stuff. Contact an attorney, but according to me, a strong possibility of filing with old company and then using AC21.

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asiehouston

09-05 09:19 PM

I finally got my AP, 15 days after my EAD (100 days total) . I was happy to open the packet, until this......

THEY SENT ME MY AP WITH SOMEONE ELSE'S PICTURE!!!!!!!

Everything else is Correct (address, DOB, A# etc...)

GURUS, please advise what should I do...... I am so pissed!!!!! Thankfully my EAD has the correct pic.... I had done an E-file....June 7th and my previous AP expires Sept 20

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franklin

06-14 08:04 PM

I was told that as long as your priority date is current, you can file for AOS.

As soon as your application gets to the service center, and assuming your PD is current, it makes no difference what it ACTUALLY is. At this point, it goies to "whatever system they want to use" and has no relation to PD, but more to the RD of application

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centaur

02-12 10:10 AM

YOur I-94 will be same as expiration of visa, only it will be in your "old" passport. When you get your new passport, you will have to carry the old with it ( the one with stamped visa) and thats it. No worries.

I am going to Canada tomorrow for my H-1 stamping. My passport expires in Jan 2008 though (less than a year left!!). I assume that I will get a 3-year visa stamp.
However, when I re-enter the US, I guess the I-94 I get will have an expiration date that matches my passport expiration date rather than my H1B visa expiration date. Am I correct in assuming this?
Is there such a thing as an I-94 extension, and if so how easily does it get approved. Thank you so much, but I am getting really worried right now.

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gcformeornot

01-22 03:22 PM

Hello,


2) We are expecting a baby girl in March (who will be born American in Atlanta) and was wondering whether or not she could sponsored us (on our request being their parents and she would only be an infant), so that we could stay legally and request the Green Cards Family Based?




Thanks!
Daniel

can apply for your family based green cards only after she is 21 years old.

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anoopraj2010

07-30 11:11 PM

First of all, lets hope nothing happens to you. At this time i suggest waiting, something might come up later this year or early next year with reference to making use of unused visa numbers, if this happens, your wifes date will become current and her I-485 will get approved. Unfortunately the petition dies with the petitioner. However in the case of family based I-130 petitions, The Attorney General may in his discretion reinstate the approval of your family-based visa. The Attorney General may exercise favorable discretion where "for humanitarian reasons revocation would be inappropriate." 8 C.RR. Sec. 205.1(a)(3)(i)(C).

Thank you for your valuable input.
So in other words, visa numbers for the entire family are NOT assigned right away with the family if one has to go for an interview. The worst part was that the interview was due to a missing medical which was filed by us but misplaced by USCIS.

Re. 8 C.RR. Sec. 205.1(a)(3)(i)(C) is for Family based visa, hers is EB based (piggy backing on mine) Does this mean I should really consider filing a 130 to convert to family based?

Congressman can't help in ending this "humanitarian" trauma while I am still alive?

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wandmaker

12-11 07:46 AM

Do you all know Omnibus Funding Drive thread rocks? We had a great start today and we will have a good finish

Go IVans Go!

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shana04

01-31 01:21 AM

Friends,

Need help and suggestion.

To my surprise, today I got a electricity bill from Nov11 2008 to Jan23 2009 a total of :mad::mad::mad:$979.00 :mad::mad::mad:

I leave in a single bed room ground floor 785 Sq ft.

I have called the customer service for dispute and investigation.:mad::mad::mad:

Has any one encountered this kind of problems with electricity department. please enlighten !!!

:confused::confused::confused:

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raysaikat

09-13 03:56 PM

Hello,
I have a question about obtaining and O-1 visa (or possibly EB-1 Green Card). I did hire an attorney , but would like another look at the situation.

I am a musician, about 2 months after the end of OPT, presently in USA, with a PhD and many awards so I should qualify for O-1.
Unless you have won a grammy or a similar award, you do not necessarily qualify. Here are the requirement from USCIS:

1. Nomination for and/or recipient of significant national or international awards or prizes in his/her field (e.g. Academy, Emmy, Grammy, or Director’s Guild Award)

OR

• At least three of the following apply to him/her:
o Performed a lead, starring or critical role for organizations and establishments of distinguished reputation.
o A record of major commercial or critically acclaimed success.
o Received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the alien’s field.
o Commands/ed high salary or other remuneration for services as compared to others in the alien’s field.
o Other comparable evidence

Aliens in the Motion Picture or TV Industry
The type of evidence that is required to establish “extraordinary achievement” in the motion picture or TV industry is in some ways similar to the type of evidence submitted to show “extraordinary ability” in the arts. The standard that must be met, however, is higher. To establish “extraordinary ability in the arts” it is enough to show a high level of achievement. For “extraordinary achievement in the motion picture or TV industry” a very high level of accomplishment is required.


When you file your petition, you must try to provide evidence of as many categories as possible. Usually the point is that what you have achieved is not *usual*. E.g., *winning* an assistantship in your graduate school does not count.



As advised, I needed an employer to sponsor the visa. My attorney suggested that Part-time is not recommendable at all. I researched and could not find if the position need to be necessarily Full-time? I have only a part time job currently and many freelancing opportunities.

Also, since the nature of my profession is freelancing (meaning I need to perform, teach...on many different places), can I be self-employed for O-1?
O-1 is the employer's petition, not yours. So you do need to have an employer. However, if you can prove that your field is traditionally self-employed, then you can have a US agent. I do not know what is a US agent; ask your lawyer.


We already filed the petition for O-1 (with the part-time employer as a sponsor) and the current status is: Additional Information/Proof Needed. We still don't have the letter stating what is needed, but I worry it's not a good sign. What do you think?

And lastly, IF it happens that O-1 is not approved, can I still apply for EB-1 Green Card?

Thank you for your answers!

EB-1 petition (assuming it is the EB-1A) standards are as follows. They are very similar to O-1 and stricter, however, legally EB1-A requirements are independent of O-1 requirement (i.e., you cannot argue that if your O-1 is approved, then EB1-A must also be approved with the same set of evidences):

Aliens with extraordinary ability are those with "extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation." You must be one of "that small percentage who have risen to the very top of the field of endeavor," to be granted this classification. For example, if you receive a major internationally recognized award, such as a Nobel Prize, you will qualify for an EB-1 classification. Other awards may also qualify if you can document that the award is in the same class as a Nobel Prize. Since few workers receive this type of award, alternative evidence of EB-1 classification based on at least three of the types of evidence outlined below, is permitted. The worker may submit "other comparable evidence" if the following criteria do not apply:

Receipt of lesser nationally or internationally recognized prizes or awards for excellence;

Membership in associations in the field which demand outstanding achievement of their members; [It is not sufficient to be a member of an organization where you are member just by the virtue of your profession, or just because you cared to apply]

Published material about the alien in professional or major trade publications or other major media;

Evidence that the alien has judged the work of others, either individually or on a panel; [Grading your student's work does not count! If you are a judge in American Idol, Project Runway, etc., those would definitely count]

Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;

Evidence of the alien's authorship of scholarly articles in professional or major trade publications or other major media;

Evidence that the alien's work has been displayed at artistic exhibitions or showcases;

Performance of a leading or critical role in distinguished organizations;

Evidence that the alien commands a high salary or other significantly high remuneration in relation to others in the field;

Evidence of commercial successes in the performing arts.

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maddipati1

01-13 01:31 AM

see below next to ur Qs.

Hello Immi Gurus,
Our Division is in very bad situation and we are expecting some lay off's in next few weeks. I am working on h1b now but my 485 is pending for more than 180 days and have Valid EAD which I didn't use so far. following are my question:

1) If I get laid off and my employer cancels the h1b, Am i out of status?
NO. ur status is AOS. u can here until a decision is made on ur 485 app

2) Can they cancel my approved i 140?
They can, but won't impact you since u already filed 485 and 180 past. make sure u get the 140 approval notice ASAP from ur employer.

3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?
Until a decision is made on ur 485. the only requirement is that when they ask you, u should be able to provide an offer letter from any future employer for same or similar job.
normally they ask for this letter when ur PD is current or when they started pre-adjudicating ur 485 app.


Thanks so much for all your help, Thanks ...



All my input is based on what i read on forums. i highly recommend to consult an attorney.

This is the basic stuff about GC n 485. u should spend some time to read forums and immi websites.

The first and most imp thing you should do is try get 140 approval notice, GC job description and as much possible documentation from your employer and take that to an attorney.

also imp is getting an offer letter even for future employment with matching job.

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stupendousman11

08-07 10:40 AM

Decided to go ahead and mail in the medical reports along with copies of our 485 receipts since my PD became current in the Aug bulletin. Hoping this will prompt them to dust off my application since I haven't had a LUD for quite sometime.

Sent it about 10 days back but haven't seen an update yet.

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