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Thread: General Immigration Discussion

  1. #476
    Quote Originally Posted by Pedro Gonzales View Post
    Texan,
    I was in a similar boat, so maybe my decision process may help you. I had interest from a prospective employer offering me my 'dream job' 3 months ago (July/August) and with a PD of April 25 2008, I was uncertain as to whether to take the plunge now or wait it out. I decided to accept the offer contingent on their applying for my GC immediately. My rationale was as follows:
    a) No one knows how long it will really take to get the GC/EAD. At the earliest, I was looking at being able to apply for my I485 in late 2011 which would mean i could make a move in summer of 2012. While there aren't many people around with my exact skillset, I couldn't be sure that the offer would remain until next summer.
    b) With a move, if the new employer starts the GC process right away, I could port my PD and April 2008 would likely be current by the time my Labor clearance is received (~8 months from August = April 2012), so i would be able to concurrently file for my I140/I485 so in reality, i wouldn't be more than 4 or 5 months later than my best case scenario if i'd stayed on with my current employer.
    c) the only risk with a move would be if the dates were to move forward and then retrogress (like in July 2007) while I was still in the labor process, i would have missed a window to get my EAD. General consensus is that that is highly unlikely to happen. We are more likely to see small sustainable moves forward with smaller term retrogression.

    Ultimately your call. I am in general, more risk tolerant and less likely to pass up an opportunity to better my position than most. You need to introspect and figure out where you are on the risk spectrum. As it turned out, I ended up not getting/taking the job because the company wouldn't be able to apply for my GC right away, and there was no way to be certain of when they could. We've agreed to get back in touch next summer and see where things stand.
    Hi Friend! You can also think of leaving the current employer on good terms, and with the intent of joining them back on your 485 approval. That way you will not miss lucrative job offer. I know that your current employer should agree on that.
    I was reading somewhere that in order to withdraw an approved 140, employers have to spent s'where around $3k. I am sure lot of desi employer wouldn't do that..

  2. #477
    Quote Originally Posted by qesehmk View Post
    In a rare case the old employer can continue processing your GC since GC is meant for future employment. However if the old employer choooses to not pursue GC anymore for you; then you can no longer use the same GC application anymore. So the new employer has to restart GC process.

    That is the whole reason why AC21 is so useful. 6 months after your 485 is filed, you can change employers/jobs. As long as the new job is same or similar, you can use the old GC application with new employer.
    Makes perfect sense. Thanks Q!

  3. #478
    Stapling GCs to STEM graduates is still going as a controversial discussion in the Senate as well as in the House.

    Statement of Judiciary Committee Chairman Member Lamar Smith on Stem discussion held yesterday http://judiciary.house.gov/news/Statement%20STEM.html

  4. #479
    Quote Originally Posted by gcseeker View Post
    Vizcard

    AC-21 kicks in after I-485 has been pending for 180 days. (Calendar days not business days which is even more good news

    Not 180 days after receiving the EAD. So one can technically move after 180 days to different employer.

    However in the past one and half years USCIS has given a lot of trouble to applicants by asking them to prove the equivalence of occupation codes when the AC-21 is invoked and there are multiple blog posts and forum posts on other places like Murthy.com that it might not be advisable.Also you would need to have the same job title and similar responsibilites ( responsibilites will be different for different jobs but similar is the key word ...guess they are more particular on the job title and occupancy code ) .

    Also people are being asked to stay 6 months with the employer who sponsored the green card to avoid problems at naturalization.
    So that means we should not change employers even after 180 days of applying I-485?How about after getting EAD?

  5. #480
    Quote Originally Posted by Jitesh View Post
    So that means we should not change employers even after 180 days of applying I-485?How about after getting EAD?
    You can change 180 days after applying (I would start counting from receipted date), and your I-485 is pending, provided you have also applied for EAD when you applied for 485 and you have the EAD with you.
    Last edited by nishant2200; 10-06-2011 at 08:01 PM.

  6. #481
    Oracle pch053's Avatar
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    Quote Originally Posted by Jitesh View Post
    So that means we should not change employers even after 180 days of applying I-485?How about after getting EAD?
    Also, another thing based on past experience on using AC21: during mid/late 2008 to early 2009, USCIS issued many NOIDS and even denials when an employer revoked I140 or USCIS became aware that the job offer doesn't exist anymore (search old trackitt threads from that time). This was mainly due to the fact that many of USCIS employees didn't even knew about the AC21 provision. From 2009 onwards, there has been a cohesive effort from USCIS so that their employees are aware of the AC21 rule. In the last couple of years, USCIS might have issued RFEs on employment verification, especially on AC21 cases but not straight denials. As long as the documents addressed the RFE questions/concerns, people had their cases either approved or probably pre-adjudicated (if the PD was not current).

    I myself have used AC21 to switch employers. I haven't got my I485 approval yet, though I got a confirmation from USCIS saying that they have received all the AC21 documents that I forwarded them back in 2009. However, note that there is no guarantee that one will receive such a confirmation from USCIS and one can still receive RFE in relation to EVL, paystubs, etc.

    Finally, it is your call on whether you will switch employers but I feel that as long as you have a valid job with similar job duties as listed in your Labor/I140 application, you shouldn't have any problems. As others noted, you are free to move 180 days after the receipt date of I485. You will be almost definitely have your EAD by then (on an average it takes ~3 months).
    Last edited by pch053; 10-06-2011 at 08:40 PM.

  7. #482

    EB2I current and job offer

    Congratulations to all whose PDs are current. My prayers for the dates to move forward at lightning pace in the months to come.
    My PD is Aug 30, 2007. The day the bulletin came out, I also got my dream job offer - great title, growing market (Smartphones, which other market is growing:-) company doing H1 premium and EB2. Pay is ok but a great strategic move. Wife has her own visa.
    Dilemma: Stay in super lousy current job or jump ship? Chances of retrogression past 8/30/07 ?
    Appreciate any points to ponder.
    Thanks. Good luck. GodSPEED

  8. #483
    Its funny how many of you ask the questions in the situations i have already been.

    I received a pretty good offer and i became current. I declined the offer not knowing how many days it would take to get GC. There was absolutely no risk even if i had jumped the ship. But I just declined. I don't know if it helps at all. But thought wouldn't hurt to share.

    p.s. - AC21 would've applied to me. 485 was preadj. So GC was close. In your case if 485 is to be filed anew then you have less incentive to continue with old GC.


    Quote Originally Posted by cantwaitlonger View Post
    Congratulations to all whose PDs are current. My prayers for the dates to move forward at lightning pace in the months to come.
    My PD is Aug 30, 2007. The day the bulletin came out, I also got my dream job offer - great title, growing market (Smartphones, which other market is growing:-) company doing H1 premium and EB2. Pay is ok but a great strategic move. Wife has her own visa.
    Dilemma: Stay in super lousy current job or jump ship? Chances of retrogression past 8/30/07 ?
    Appreciate any points to ponder.
    Thanks. Good luck. GodSPEED
    Last edited by qesehmk; 10-07-2011 at 05:32 AM.
    I no longer provide calculations/predictions ever since whereismyGC.com was created.
    I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
    Use the info at your risk. None of this is legal advice.

    Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread


  9. #484
    Continue in lousy job for one more year. Just get it over with. IMHO.

    Quote Originally Posted by cantwaitlonger View Post
    Congratulations to all whose PDs are current. My prayers for the dates to move forward at lightning pace in the months to come.
    My PD is Aug 30, 2007. The day the bulletin came out, I also got my dream job offer - great title, growing market (Smartphones, which other market is growing:-) company doing H1 premium and EB2. Pay is ok but a great strategic move. Wife has her own visa.
    Dilemma: Stay in super lousy current job or jump ship? Chances of retrogression past 8/30/07 ?
    Appreciate any points to ponder.
    Thanks. Good luck. GodSPEED

  10. #485
    Oracle pch053's Avatar
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    Quote Originally Posted by cantwaitlonger View Post
    Congratulations to all whose PDs are current. My prayers for the dates to move forward at lightning pace in the months to come.
    My PD is Aug 30, 2007. The day the bulletin came out, I also got my dream job offer - great title, growing market (Smartphones, which other market is growing:-) company doing H1 premium and EB2. Pay is ok but a great strategic move. Wife has her own visa.
    Dilemma: Stay in super lousy current job or jump ship? Chances of retrogression past 8/30/07 ?
    Appreciate any points to ponder.
    Thanks. Good luck. GodSPEED
    If I were you and be absolutely sure that I love the new job, then I would have moved with the new opportunity. This might delay your green card by at most 1 year; your new employer will do EB2 processing, you will get an approved I140 within a year. Since you are happy with the job offer and your spouse has her visa sponsorship, I don't see much problem with this delay. You can ask your new employer to start the green card processing as soon as you join and this will expedite things. One risk people mention is that it might be risky to go through the Labor/I140 process again but honestly, if the job meets EB2 criteria, I don't see any problems either.

    At the end of the day, it is your call and different people react differently on various situations. Good luck with whatever decision you take!

  11. #486
    My EB2 PD is September 2006 from NSC and I finally got an I-485 RFE on Oct 4th which means the wheels are in motion, processing has restarted for EB2.

    On a side note, I almost got into very serious trouble with my EAD. It was set to expire on Oct 1st and because of the "current on June 1st" euphoria and everybody and their naani getting their greencard (except me), plus a bit of stinginess trying to save $800 (2 EAD renewal costs), I kept delaying my EAD renewal till 50 days before expiration. Also in the past my company never asked for the EAD but this time just two weeks before expiration they started sending reminders categorically stating that my employment would end if I didn't produce the EAD by Oct 1st. From what I hear, many states are now strictly enforcing the EAD rules and companies are under pressure to comply. I contacted my local congressman's office and his staff member was super helpful, made many phone calls, forwarded my company's termination threat letter to USCIS, and I got my EAD approval notice just 3 days before Oct 1st. EAD arrived in mail on Oct 3rd. Lesson learned - if you are still waiting for your GC pls don't risk delaying the EAD renewal application. File as close to the 120 day mark as possible. Your local congress person can help in cases where your job is in jeopardy.

  12. #487

    Question regarding 485 Filing

    Folks,

    I have a Question regarding 485 Filing, MY PD is 12/19/2007 hoping that i will be current in next bulletin, Currently my wife is in India and she wont be returning back until end of Jan and i am planning to fly in second week of December and comeback with them.

    I hope i can file in first week of December if u can complete all my medicals in time, only problem is how should i handle my wife's 485 Filing if dates retrogress back?

    will i be able to file at later time ( july/aug 2012 time frame)?, or is it painful process?

    if i get a fingerprint notice can i postpone it? and do i need to update Dept with new I94 once i am back?

    Appreciate any kind of response, and thanks to all who provide lot of info in this forum

  13. #488
    Quote Originally Posted by Teja9999 View Post
    Folks,

    I have a Question regarding 485 Filing, MY PD is 12/19/2007 hoping that i will be current in next bulletin, Currently my wife is in India and she wont be returning back until end of Jan and i am planning to fly in second week of December and comeback with them.

    I hope i can file in first week of December if u can complete all my medicals in time, only problem is how should i handle my wife's 485 Filing if dates retrogress back?

    will i be able to file at later time ( july/aug 2012 time frame)?, or is it painful process?

    You can file for her later, if dates dont retrogress but why take the chance? Why don't you ask her to come back if your date gets current in next VB

    if i get a fingerprint notice can i postpone it? and do i need to update Dept with new I94 once i am back?

    You can postpone the FP notice but you might get it while in India. The actual FP date on the notice is usually 1-2 weeks later, so depending on your travel plans, if you get the notice while you are gone and don't appear for it or postpone it, you are at risk of abandonding your 1-485

    Appreciate any kind of response, and thanks to all who provide lot of info in this forum
    If you can it's advisable for you and wife to be both present in US and file together. It's also advisable to wait for I-485 receipts and FP notice before you travel ( Please see responses to username RRRRR questions before).

  14. #489
    everybody...one question...for my good friend....

    He is working for a company in civil engg and is having PD of 2009 EB3 with 140 approved 1 year back... Now he want to shift to another company and file in EB2, during this process if his first employer cancels the 140... can he still avail the 2009 priority date for EB2?
    http://youtu.be/h0b5VGrKVG4 -- GC Journey in KOLAVERI Song!!!!!

  15. #490
    I think he can.
    Quote Originally Posted by soggadu View Post
    everybody...one question...for my good friend....

    He is working for a company in civil engg and is having PD of 2009 EB3 with 140 approved 1 year back... Now he want to shift to another company and file in EB2, during this process if his first employer cancels the 140... can he still avail the 2009 priority date for EB2?
    I no longer provide calculations/predictions ever since whereismyGC.com was created.
    I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
    Use the info at your risk. None of this is legal advice.

    Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread


  16. #491
    Quote Originally Posted by qesehmk View Post
    I think he can.
    Q, can you please confirm..."THINK" is a such an ambiguous word...Does AC21 apply to his case with just 140 approved?
    http://youtu.be/h0b5VGrKVG4 -- GC Journey in KOLAVERI Song!!!!!

  17. #492
    Quote Originally Posted by soggadu View Post
    everybody...one question...for my good friend....

    He is working for a company in civil engg and is having PD of 2009 EB3 with 140 approved 1 year back... Now he want to shift to another company and file in EB2, during this process if his first employer cancels the 140... can he still avail the 2009 priority date for EB2?
    Yes he is fine unless cancel is due to fraud. Sometimes nevertheless USCIS doesnt see that, doesnt port the PD, other problems, etc, and always the applicant jumps through hoops with lawyers, and finally USCIS agrees. So there is chance of heartache, but the truth shall prevail. satyameva jayate.

    http://www.uscis.gov/files/article/afm_ch22_091206R.pdf

    page 27
    read the determining pd
    section

  18. #493
    Quote Originally Posted by soggadu View Post
    everybody...one question...for my good friend....

    He is working for a company in civil engg and is having PD of 2009 EB3 with 140 approved 1 year back... Now he want to shift to another company and file in EB2, during this process if his first employer cancels the 140... can he still avail the 2009 priority date for EB2?
    Message removed...
    Last edited by 10102007; 10-07-2011 at 01:02 PM. Reason: Apologies. Provided wrong info.

  19. #494
    Quote Originally Posted by 10102007 View Post
    AFAIK, once the I-140 is approved, the employer cannot cancel/revoke it. Gurus, correct me if I'm wrong.

    Employer can cancel an approved I-140.

  20. #495
    AC21 and ability to retain PD are two different things. AC21 allowes you to not only retain PD but leverage the same labor and 140 to directly gain 485 with a new employer. This kicks in 6 months after 485 filing and receipt.

    Retaining PD means, even if you start over GC with another employer, your place in Q is determined by your old PD. But in this case labor 140 and 485 everything is done fresh.
    Quote Originally Posted by soggadu View Post
    Q, can you please confirm..."THINK" is a such an ambiguous word...Does AC21 apply to his case with just 140 approved?
    Quote Originally Posted by 10102007 View Post
    AFAIK, once the I-140 is approved, the employer cannot cancel/revoke it. Gurus, correct me if I'm wrong.
    Employer can revoke it anytime. But the revokation 180 days after 485 filing & receipt doesn't have any bearing on your GC. Before that deadline your GC is at risk.
    Last edited by qesehmk; 10-07-2011 at 01:08 PM.
    I no longer provide calculations/predictions ever since whereismyGC.com was created.
    I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
    Use the info at your risk. None of this is legal advice.

    Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread


  21. #496
    Quote Originally Posted by 10102007 View Post
    Wow Nishanth. You have to send that lady a big Panettone for Christmas. It is very nice of her to take this extra step to help you.
    Yes, going the extra step. Really kind lady.

    http://www.birdsnest.com/garcia.htm

  22. #497
    Thank you.
    On another note - its not a good idea to use LOGO from another company as your Avatar. Just sayin ...

    Quote Originally Posted by indiaeb2 View Post
    Cool. I have the i797 which i never used. Ok then i will submit.
    I no longer provide calculations/predictions ever since whereismyGC.com was created.
    I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
    Use the info at your risk. None of this is legal advice.

    Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread


  23. #498

    My PD is Nov 1 2007. What is possibility of the dates moving next month?

    Hello Gurus,

    My PD is nov 1 2007 (EB2). Do you guys think I will have a chance to file for EAD next month?

    Thanks,

  24. #499
    Quote Originally Posted by romanitaly View Post
    Hello Gurus,

    My PD is nov 1 2007 (EB2). Do you guys think I will have a chance to file for EAD next month?

    Thanks,
    Gurus, I'll take this one.

    Yes!

  25. #500
    Sounds good. We should keep an eye out for any pleas to call , email, contact congressmen senators etc.

    qblogfan, are the Chinese on to it too.

    Quote Originally Posted by snathan View Post
    Hi All,

    I hope you guys wont mind for posting this...please check this thread.

    http://immigrationvoice.org/forum/fo...f-success.html

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