jsb
12-20 10:23 AM
Hi All,
I would like to know if I will get in trouble if I do this:
First, switch to a completely unrelated job after 180 days of I485 filing,
then, switch back to similar job when my priority date becomes current or close to becoming current.
Does USCIS check what other jobs have I done during the entire adjustee period or it is only concerned about the job at the time of adjudication?
Thanks in advance!
Prior to getting your GC, you can work
(i) On any job using EAD
(ii) Job with a specific employer (which may or may not be your sponsor) using H1, L1, etc.
Until you get your GC, you are supposed to be a guest worker. USCIS only cares if sponsoring employer (or any other employer after 180 days of AOS pending) has a job offer for you on your getting GC.
If you are already working with the employer (prior to or at the time of getting GC) where you would work AFTER getting your GC, it only re-enforces your and your employers intentions.
So, in brief answer to your question is, no you will not be in trouble, as long as sponsoring employer (or any other employer after 180 days) is willing to confirm their intentions of hiring you if and when USCIS asks for it.
You can actually switch your job even prior to 180 days of filings AOS without impacting your case. You need not even have worked at all for the sponsoring emloyer. USCIS memos clarify these issues in detail.
I would like to know if I will get in trouble if I do this:
First, switch to a completely unrelated job after 180 days of I485 filing,
then, switch back to similar job when my priority date becomes current or close to becoming current.
Does USCIS check what other jobs have I done during the entire adjustee period or it is only concerned about the job at the time of adjudication?
Thanks in advance!
Prior to getting your GC, you can work
(i) On any job using EAD
(ii) Job with a specific employer (which may or may not be your sponsor) using H1, L1, etc.
Until you get your GC, you are supposed to be a guest worker. USCIS only cares if sponsoring employer (or any other employer after 180 days of AOS pending) has a job offer for you on your getting GC.
If you are already working with the employer (prior to or at the time of getting GC) where you would work AFTER getting your GC, it only re-enforces your and your employers intentions.
So, in brief answer to your question is, no you will not be in trouble, as long as sponsoring employer (or any other employer after 180 days) is willing to confirm their intentions of hiring you if and when USCIS asks for it.
You can actually switch your job even prior to 180 days of filings AOS without impacting your case. You need not even have worked at all for the sponsoring emloyer. USCIS memos clarify these issues in detail.
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Saralayar
08-24 05:34 PM
I am starting this thread , as there is a thread for July 2nd filers only. This thread can be used for information on receipt number etc., for the I 485 filers who filed between July 17 - Aug 17th.
abhisam
07-15 01:05 AM
I applied for my EAD and AP renewal on the second week of May 2008. Again, I am not sure if EAD or AP renewal triggered the FP notice. Good luck to you.
thank you mhtanim. i would appreciate it if you could let me know when you recieve your ead..would like to track how long it takes. i am worried that i would not recieve by renewal before my current ead expires.
thank you mhtanim. i would appreciate it if you could let me know when you recieve your ead..would like to track how long it takes. i am worried that i would not recieve by renewal before my current ead expires.
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desi3933
07-09 12:06 PM
Condi and USCIS are saying the above.
Now lets see how the above LAW was followed in the following cases (which may not be a complete list).
Oct 1 2005 & Oct 1 2006 when 140K GCs were available but ALL AOSs were not acceptable.
May 14 (??) when 60K GCs were available but many more AOSs were acceptable and were accepted from June 1-30.
June 12 when < 40K GCs were available but ALL AOSs were acceptable.
July 2 when 0 GCs were available and ANY AOS was not acceptable.
Months in 2005, 2006 and 2007 when ALL AOSs were not acceptable.
Months in 2005 and 2006 when ANY AOS was not acceptable.
You are missing a point here.
The term "immediately available" is determined by the PD in the visa bulletin. (If someone needs a law reference, let me know).
DoS determines PD in the visa bulletin depending on various factors (such as number of GC Numbers used so far, number of pending I-485 applications etc.) and they can revise visa bulletin anytime.
______________________
Not a legal advice.
Now lets see how the above LAW was followed in the following cases (which may not be a complete list).
Oct 1 2005 & Oct 1 2006 when 140K GCs were available but ALL AOSs were not acceptable.
May 14 (??) when 60K GCs were available but many more AOSs were acceptable and were accepted from June 1-30.
June 12 when < 40K GCs were available but ALL AOSs were acceptable.
July 2 when 0 GCs were available and ANY AOS was not acceptable.
Months in 2005, 2006 and 2007 when ALL AOSs were not acceptable.
Months in 2005 and 2006 when ANY AOS was not acceptable.
You are missing a point here.
The term "immediately available" is determined by the PD in the visa bulletin. (If someone needs a law reference, let me know).
DoS determines PD in the visa bulletin depending on various factors (such as number of GC Numbers used so far, number of pending I-485 applications etc.) and they can revise visa bulletin anytime.
______________________
Not a legal advice.
more...
xu1
05-03 11:58 AM
thanks for responding...any contradicting/second opinions? What is the exemption towards - both filing for 485 and processing of 485 too, right? Isn't it an exemption from the EB quota?
Exemption of a qualified alien from the availability of visa numbers. So yes, you can file for 485 however unavailable EB2/3/1 visa numbers are.
And I agree with the previous poster that should this SKIL ever pass, it does not matter under which category your employer filed your LC, you are able to go ahead and file for AOS with a post-graduate US STEM degree.
Exemption of a qualified alien from the availability of visa numbers. So yes, you can file for 485 however unavailable EB2/3/1 visa numbers are.
And I agree with the previous poster that should this SKIL ever pass, it does not matter under which category your employer filed your LC, you are able to go ahead and file for AOS with a post-graduate US STEM degree.
satyasaich
05-02 12:48 PM
But let me remind you that this seems to be the same provision that S1932 had in the past. If passed as it is, gives some relief for so many people who are waiting to file I-485. but keep in mind that AC-21 should be brought back in, to take any advantage of portability
Anyway, a good one overall
Section 205. Retaining Workers Subject to Green Card Backlog.
Allows foreign workers who have started the green card process, but who are subject to green card backlogs, to pay a $500.00 supplemental fee to file an application to adjust status. This change would enable foreign workers to remain in the U.S. until the green card becomes available
Anyway, a good one overall
Section 205. Retaining Workers Subject to Green Card Backlog.
Allows foreign workers who have started the green card process, but who are subject to green card backlogs, to pay a $500.00 supplemental fee to file an application to adjust status. This change would enable foreign workers to remain in the U.S. until the green card becomes available
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indianindian2006
08-27 06:17 PM
My date will be current next month. But I got fingerprinting notice, and the appointment is on Sep 17th . Does that means will I have to wait until my FP is done to get the approval?. Please suggest me is there any way I can get my FP done prior to the scheduled date. This is my 2nd FP notice. First one was in Feb 2008.
you should be able to do a walk-in finger printing on any day, they will make you wait a bit though.
you should be able to do a walk-in finger printing on any day, they will make you wait a bit though.
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mirage
03-08 08:38 PM
This is what puzzles me, on one hand you tell us 'You couldn't even begin to imagine how many cases like this there are'....
Which is exactly I have been saying, unless we do something EB3 India could be waiting for a decade or 2...
But on the other hand if I want to address this issue in a manner which could see least resistance, you tells me I'm living in 'Utopia', administrator threatens to 'Ban' me ????
On other hand
There are still lots of cases in eb3 from back that far.
Many of the eb3 245i cases; there dependents were outside USA. Once; they got greencards; then their dependents went for consular processing or are going for consular processing.
One of the cases I worked on ability to pay; person had adopted her nephew so that he could get greencard as dependent. You couldn't even begin to imagine how many cases like this there are.
Which is exactly I have been saying, unless we do something EB3 India could be waiting for a decade or 2...
But on the other hand if I want to address this issue in a manner which could see least resistance, you tells me I'm living in 'Utopia', administrator threatens to 'Ban' me ????
On other hand
There are still lots of cases in eb3 from back that far.
Many of the eb3 245i cases; there dependents were outside USA. Once; they got greencards; then their dependents went for consular processing or are going for consular processing.
One of the cases I worked on ability to pay; person had adopted her nephew so that he could get greencard as dependent. You couldn't even begin to imagine how many cases like this there are.
more...
immigrationmatters30
11-17 06:30 PM
Done
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heathere3
09-04 10:05 AM
I received my receipts from the lawyer this morning. July 2nd applicaiton to NSC, transfered to TSC, labour approved TSC in Aug 2006.
Heather
EB-3 ROW
PD: Aug 2006
RD: July 2, 2007
ND: Aug. 24, 2007
EAD: ??
AP ??
Heather
EB-3 ROW
PD: Aug 2006
RD: July 2, 2007
ND: Aug. 24, 2007
EAD: ??
AP ??
more...
nandakumar
11-19 03:27 PM
Sent..
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buddyinsd
09-01 01:56 PM
Congrats...Was there an LUD on 21st Aug on ur EAD and 485?
more...
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tnite
11-21 09:20 AM
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
I wish you and your family the best . As someone already mentioned miracles have happened and hope that it will be the case in your situation.
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
I wish you and your family the best . As someone already mentioned miracles have happened and hope that it will be the case in your situation.
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thomachan72
05-23 06:30 AM
I have a bad feeling about IVs goals. Are you only concerned about getting the GC backlogs cleared? or are you going to be asking for H1b related issues to be addressed too? eg:- H1b renewal after the 6th year is an issue any moron could easily understand and pass. That has been there for many years and should continue for a successful H1b program. Please take care of that issue too. I dont see that included in the letter you have prepared to be sent out to all the senators. Please do that urgently. This is a very techinical issue and can easily be campaingned for. Pls dont ignore it.
If the number 3 in the letter has something to do with H1b renewal, pls reword it and make it clear, however, Idont believe its related to h1b renewal atall.
Please include atleast H1b renewal, one good thing about h1 that all of you have/currently are enjoying, to be included as one of your/our major demands. I am not asking for the H1b placement at different sites thing, that might be difficult to campaign for at this point of time, however, renewal needs to be done.
If the number 3 in the letter has something to do with H1b renewal, pls reword it and make it clear, however, Idont believe its related to h1b renewal atall.
Please include atleast H1b renewal, one good thing about h1 that all of you have/currently are enjoying, to be included as one of your/our major demands. I am not asking for the H1b placement at different sites thing, that might be difficult to campaign for at this point of time, however, renewal needs to be done.
more...
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gc28262
07-19 07:56 PM
My thoughts:
I understand and share the despair and hopelessness felt by EB3 guys.
Unfortunately when Visa bulletin comes out and when EB2 progresses, we EB3 guys are suddenly aware of our plight and switch to action mode. After a while this enthusiasm fades away till the next bulletin. These emotional responses won't get us anywhere. If we need to get our issues resolved, we need to work on a consistent basis irrespective of the visa bulletin status. We all need to take more active participation in IVs action items as well as contributing to IV efforts as much as we can. IMO signing up for contributions is the easiest thing to do.
Spillover issues:
Upto 2007 these spillovers were coming to EB3. Some folks analysed INA and figured it out that USCIS/DOS was interpreting spillovers incorrectly and that it should flow across. So they contacted USCIS with their findings and argued for their cause. Since then USCIS/DOS interpretation of spillover interpretation changed. Remember these folks did a thorough analysis of the laws and then approached USCIS/DOS. So to change it the other way you have to have a solid legal basis. Writing to lawmakers just out of frustration will not help. If USCIS/DOS is interpreting spillovers correctly as per law, there isn't much anyone can change it without a legislative change.
If we have to go through legislative path, there are easier fixes that can be achieved by legislative fixes like visa recapture etc. That is the reason, IV has planned a long term strategy to end retrogression for all categories. We all need to participate in these action items, contact lawmakers etc with our issues.
Here is an official IV discussion about spillover rules:
ImmigrationVoice.org - USCIS data analysis (http://immigrationvoice.org/index.php?option=com_content&task=view&id=97&Itemid=36#_Toc246743452)
Visa spillage rules
There is a supply of 140,000 permanent visas in the EB category for a year. EB1, EB2, EB3 have an equal share of 28.6% or 40,040 visas per year. There is a 7% cap per country on the overall legal immigration including family and skill based. This amounts to 25,620 visas for a single country in EB category. There is a rule to cap 27% of a category in a quarter. So in the first quarter only 10,811 (rounded) visas can be given in any of the categories.
If the supply exceeds demand capped by per country, then per country quota is relaxed to the matching ratio of family based approvals. For practical consideration, it means that the spillover visas beyond 25,620 to a single country can’t be given in the first 3 quarters. The last quarter spillover will need to be first in first out for all the retrogressed countries. This should not limit immigrants from other countries to use up their quota.
Following is the rule from INA Section 201to maintain ratio. There is a different section to override this logic in the last quarter of any calendar year.
(e) Special Rules for Countries at Ceiling. - If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 203 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 203, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that
(1) the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);
(2) except as provided in subsection (a)(4), the proportion of the visa numbers made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(a), and
(3) 3/ except as provided in subsection (a)(5), the proportion of the visa numbers made available under each of paragraphs (1) through (5) of section 203(b) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(b).
Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a), respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).
Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a) , respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).
I understand and share the despair and hopelessness felt by EB3 guys.
Unfortunately when Visa bulletin comes out and when EB2 progresses, we EB3 guys are suddenly aware of our plight and switch to action mode. After a while this enthusiasm fades away till the next bulletin. These emotional responses won't get us anywhere. If we need to get our issues resolved, we need to work on a consistent basis irrespective of the visa bulletin status. We all need to take more active participation in IVs action items as well as contributing to IV efforts as much as we can. IMO signing up for contributions is the easiest thing to do.
Spillover issues:
Upto 2007 these spillovers were coming to EB3. Some folks analysed INA and figured it out that USCIS/DOS was interpreting spillovers incorrectly and that it should flow across. So they contacted USCIS with their findings and argued for their cause. Since then USCIS/DOS interpretation of spillover interpretation changed. Remember these folks did a thorough analysis of the laws and then approached USCIS/DOS. So to change it the other way you have to have a solid legal basis. Writing to lawmakers just out of frustration will not help. If USCIS/DOS is interpreting spillovers correctly as per law, there isn't much anyone can change it without a legislative change.
If we have to go through legislative path, there are easier fixes that can be achieved by legislative fixes like visa recapture etc. That is the reason, IV has planned a long term strategy to end retrogression for all categories. We all need to participate in these action items, contact lawmakers etc with our issues.
Here is an official IV discussion about spillover rules:
ImmigrationVoice.org - USCIS data analysis (http://immigrationvoice.org/index.php?option=com_content&task=view&id=97&Itemid=36#_Toc246743452)
Visa spillage rules
There is a supply of 140,000 permanent visas in the EB category for a year. EB1, EB2, EB3 have an equal share of 28.6% or 40,040 visas per year. There is a 7% cap per country on the overall legal immigration including family and skill based. This amounts to 25,620 visas for a single country in EB category. There is a rule to cap 27% of a category in a quarter. So in the first quarter only 10,811 (rounded) visas can be given in any of the categories.
If the supply exceeds demand capped by per country, then per country quota is relaxed to the matching ratio of family based approvals. For practical consideration, it means that the spillover visas beyond 25,620 to a single country can’t be given in the first 3 quarters. The last quarter spillover will need to be first in first out for all the retrogressed countries. This should not limit immigrants from other countries to use up their quota.
Following is the rule from INA Section 201to maintain ratio. There is a different section to override this logic in the last quarter of any calendar year.
(e) Special Rules for Countries at Ceiling. - If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 203 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 203, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that
(1) the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);
(2) except as provided in subsection (a)(4), the proportion of the visa numbers made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(a), and
(3) 3/ except as provided in subsection (a)(5), the proportion of the visa numbers made available under each of paragraphs (1) through (5) of section 203(b) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(b).
Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a), respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).
Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a) , respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).
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Hello_Hello
02-04 01:35 PM
I cannot stand the Sardar and his super corrupt party also sick of seeing that joker 'Rahul Gandhi' face they show him 24 X 7 on all Indian channels...I curse him every single day when I see his face in the Newspapers. These b..stards have eaten our country like parasites. If I go to India, I will have to see his face everyday...I'll rather see Obama..
more...
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bomber
07-20 12:22 PM
There are still many out there who are happily enjoying the fruits of Aman's and other core members' hard work without even knowing what they did for us. For them it's just something that happened on its own. I joined in June and became a contributing member when I came to know the efforts being put in by core. I know for some people shelling out $100 is a big deal, particularly AFTER the victory in this first fight, but guys, think if you were made to wait for 3-4 more years before you were allowed to apply. Your spouses can work now and make more money for your household.
I pledge another $200 for IV once my wife starts working - This is apart from regular contributions that I will make.
I pledge another $200 for IV once my wife starts working - This is apart from regular contributions that I will make.
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seeniraj
11-17 05:43 PM
Mail Sent.
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krustycat
10-01 01:41 PM
I'm still waiting.
Recd. by F. Heinauer at 11:07 AM on July 9... checks not cashed
Recd. by F. Heinauer at 11:07 AM on July 9... checks not cashed
sam2006
07-20 12:56 AM
thank you all for coming forward ....
guys lets aim 50 by tomorrow
guys lets aim 50 by tomorrow
gc_kaavaali
04-20 10:32 AM
Hi,
As far as my knowledge is concerned they cannot hold your wage amount...this is against law...They have to pay your wages completely...If you owe them they have to talk/fight (through law suit or something else) with you seperately...but that too after paying your wages...You can fight for your salary.
I work for company A which sent me to client C through company B(Prefered vendor). After working with the same client for 1.5 yrs, transfered my h1b to company B(PF) due to issues with the pay with company A. Company A has deducted huge sum of money($4000) from my last months pay towards PERM filing(Still under process). Upon demanding them to reimburse my money saying that its against law, they r threatening me saying that based on non-compete agreement they will take legal action against me.
I am not actually aware of the clauses in the agreement. company B(PF) told me that it does not have any clauses in its agreement with company A prohibiting them from taking me.Though i requested company A to provide me a copy of non-compete, they said i signed with them, they haven�t. The company is located in NJ and not sure how non-competes work under NJ state law.
I am really frustated upon this blackmail and going thru lot of pressure. The amount is too big too leave and cannot afford to hire a lawyer in case they file suit based on non-compete. even if i had signed a non compete agreement how does it stand as it is conflicting the agreement which company a signed with PF sayign tht upon my termination of the emplyment with them, Pf can take me without any gap period... what can i do to get my money. they also refused to provide me with experience letter which i need for my future GC filing.
Plz give me ur valuable inputs
As far as my knowledge is concerned they cannot hold your wage amount...this is against law...They have to pay your wages completely...If you owe them they have to talk/fight (through law suit or something else) with you seperately...but that too after paying your wages...You can fight for your salary.
I work for company A which sent me to client C through company B(Prefered vendor). After working with the same client for 1.5 yrs, transfered my h1b to company B(PF) due to issues with the pay with company A. Company A has deducted huge sum of money($4000) from my last months pay towards PERM filing(Still under process). Upon demanding them to reimburse my money saying that its against law, they r threatening me saying that based on non-compete agreement they will take legal action against me.
I am not actually aware of the clauses in the agreement. company B(PF) told me that it does not have any clauses in its agreement with company A prohibiting them from taking me.Though i requested company A to provide me a copy of non-compete, they said i signed with them, they haven�t. The company is located in NJ and not sure how non-competes work under NJ state law.
I am really frustated upon this blackmail and going thru lot of pressure. The amount is too big too leave and cannot afford to hire a lawyer in case they file suit based on non-compete. even if i had signed a non compete agreement how does it stand as it is conflicting the agreement which company a signed with PF sayign tht upon my termination of the emplyment with them, Pf can take me without any gap period... what can i do to get my money. they also refused to provide me with experience letter which i need for my future GC filing.
Plz give me ur valuable inputs
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