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solaris27
08-15 08:58 AM
Q. How soon can I leave my petitioning employer once I get my green card approval?
A. There is no brief answer to this question. Let me explain. The basic premise (or theory) behind permanent residence through offer of employment is that an employee is accepting a job on a "permanent" bases. What does "permanent" mean? Does it mean for ever. Obviously not. That would be unreasonable. But "permanent" also does not mean that you pack your bags the moment you receive your green card. So what is the answer? No one really knows. Each case has to be determined upon its own merits. Normally, I would say working for one year or more with the same employer after getting your GC is PROBABLY enough indication of permanency. Less than 4-5 months is perhaps evidence to the contrary
But REMEMBER, this is just my own guess. Technically speaking, the moment you decide that you will leave after a certain period of time, "permanent" intent is gone. Catch-22 eh? Well that is the way it is.
There may be considerable relaxation in this interpretation because in the year 2001 Congress enacted a law that permits employees to leave an employer even while their I-485 is pending. We do not have the regulations or any detailed guidance on these issues.
FREQUENTLY ASKED QUESTIONS
----------------------------------------------
Q. I did not willingly left the GC sponsor employer but actually after three months I got my GC, i got laid off from the project and due to the bad economy , my employer was not able to get me other project so he gave me letter saying that he wont be able to pay me salary since he doesnt have any project for me.And, after getting that letter I resigned from GC sponsor employer.
This is the whole scenario, now considering it, Am I still at risk?
A. There are no clear rules as we have stated above. But, In my opinion, there is no risk in this scenario. You acted in good faith to continue the job, but your employer could not continue to employ you.
Q. I am employed at the XYZ University (XYZU). I applied for 485 myself (without attorney). My 485 was approved last month and I got my passport stamped in July. My contract with XYZU is coming to an end. My job is renewed every year based on the availability of funding. I have been with XYZU for the last 5 years. There is a possibility that they (XYZU) may not extend the contract because the research grant I got is coming to an end in september.
Will my termination from the job at XYZU affect my Green Card in the future, and is it better to be terminated from service (based on unavailability of funding) by the WVU or is it better to offer my resignation?
A. I think it is better to be terminated. There are no clear rules as we have stated above. But, In my opinion, there is no risk in this scenario. You acted in good faith to continue the job, but your employer could not continue to employ you.
A. There is no brief answer to this question. Let me explain. The basic premise (or theory) behind permanent residence through offer of employment is that an employee is accepting a job on a "permanent" bases. What does "permanent" mean? Does it mean for ever. Obviously not. That would be unreasonable. But "permanent" also does not mean that you pack your bags the moment you receive your green card. So what is the answer? No one really knows. Each case has to be determined upon its own merits. Normally, I would say working for one year or more with the same employer after getting your GC is PROBABLY enough indication of permanency. Less than 4-5 months is perhaps evidence to the contrary
But REMEMBER, this is just my own guess. Technically speaking, the moment you decide that you will leave after a certain period of time, "permanent" intent is gone. Catch-22 eh? Well that is the way it is.
There may be considerable relaxation in this interpretation because in the year 2001 Congress enacted a law that permits employees to leave an employer even while their I-485 is pending. We do not have the regulations or any detailed guidance on these issues.
FREQUENTLY ASKED QUESTIONS
----------------------------------------------
Q. I did not willingly left the GC sponsor employer but actually after three months I got my GC, i got laid off from the project and due to the bad economy , my employer was not able to get me other project so he gave me letter saying that he wont be able to pay me salary since he doesnt have any project for me.And, after getting that letter I resigned from GC sponsor employer.
This is the whole scenario, now considering it, Am I still at risk?
A. There are no clear rules as we have stated above. But, In my opinion, there is no risk in this scenario. You acted in good faith to continue the job, but your employer could not continue to employ you.
Q. I am employed at the XYZ University (XYZU). I applied for 485 myself (without attorney). My 485 was approved last month and I got my passport stamped in July. My contract with XYZU is coming to an end. My job is renewed every year based on the availability of funding. I have been with XYZU for the last 5 years. There is a possibility that they (XYZU) may not extend the contract because the research grant I got is coming to an end in september.
Will my termination from the job at XYZU affect my Green Card in the future, and is it better to be terminated from service (based on unavailability of funding) by the WVU or is it better to offer my resignation?
A. I think it is better to be terminated. There are no clear rules as we have stated above. But, In my opinion, there is no risk in this scenario. You acted in good faith to continue the job, but your employer could not continue to employ you.
wallpaper liebe mutter.
lazycis
12-11 09:19 AM
6 months according to the USCIS website
ivy55
08-19 09:52 AM
I got my first FP on July 31 2008- code 2 after waiting one year. Then on Aug 16, I got another FP for Code 1. no LUD yet
Thanks
Thanks
2011 liebe mutter heino. HEINO+LP+%B4s
reddymjm
05-21 04:48 PM
Though NSC says Feb18th for EAD my sister who filed on MAR 2nd got her approval last friday so it is less than 75 days.
more...
ganguteli
03-06 02:53 PM
I'll urge people from especially from California and Texas send out the letters and call up their lawmakers...Despite the Anti-immigrant climate prevailing in the country, congresswoman Zoe Logfren was able to get her bill passed on wednesday....If we can proove to them that we are not asking new green card numbers and not ask for recapturing green card numbers, they'll certainly hear us, but we need to speak up...
So your strategy is to go against her own bill to recapture greencards that she introduced for us last year.
I think this is wrong.
Recapture is a good option if you want to do it right. Otherwise all ROW will oppose you. How are you different than the guys who open threads against Telgus or EB3 vs EB2 or against Muslims.
What you are doing is only dividng the community. My collegues who are also IV members are mad reading that someone in IV is pursuing a one point agenda against ROW. We need to stop such threads. A lot of ROW are quiet members on IV forum and they will be upset.
Country caps can only be supported if there is recapture or increase in visa numbers.
So your strategy is to go against her own bill to recapture greencards that she introduced for us last year.
I think this is wrong.
Recapture is a good option if you want to do it right. Otherwise all ROW will oppose you. How are you different than the guys who open threads against Telgus or EB3 vs EB2 or against Muslims.
What you are doing is only dividng the community. My collegues who are also IV members are mad reading that someone in IV is pursuing a one point agenda against ROW. We need to stop such threads. A lot of ROW are quiet members on IV forum and they will be upset.
Country caps can only be supported if there is recapture or increase in visa numbers.
chanduv23
08-10 11:50 AM
Get some inspiration
qtW8h5vLfn4
and make it to the meeting and rally :)
qtW8h5vLfn4
and make it to the meeting and rally :)
more...
kshitijnt
07-03 03:27 AM
Mine is not h1 extension but what is called transfer - Company A to company B. Can I not enter using Company A's documents as they did not cancel my h1b and wont cancel it either. Also I will get pay stub from them till jul 15 for work done till jun 20th.
Since you have already joined company B, you should reenter, showing company Bs receipt notice, offer later, paystubs and company As approval notice along with I94 and passport.
Since you have already joined company B, you should reenter, showing company Bs receipt notice, offer later, paystubs and company As approval notice along with I94 and passport.
2010 Liebe Mutter.
eb3India
05-21 11:56 AM
I am new here and I have few questions to IV core members.
Did we consider any other avenues find out is there any way out to influence DOS visa availability.
How did Nurses was able to accomodate their visa numbers without any bills are ammendments ( I know there is lot of demand for nurses)
you guys are doing a great job lobbying congressmen, but I think we should also consider finding out how current law if implemented properly can reduce the backlog and reduce retrogression.
for example we should make sure 245i case should not effect our visa numbers, I belive we can work these hurdles while we wait for current immigration debate to complete.
I called several senators last week and discussed with their immigration specialist, I got a feeling this debate is more about illegal aliens and about hispanic votes not many of them are considering legal aliens and issues.
Did we consider any other avenues find out is there any way out to influence DOS visa availability.
How did Nurses was able to accomodate their visa numbers without any bills are ammendments ( I know there is lot of demand for nurses)
you guys are doing a great job lobbying congressmen, but I think we should also consider finding out how current law if implemented properly can reduce the backlog and reduce retrogression.
for example we should make sure 245i case should not effect our visa numbers, I belive we can work these hurdles while we wait for current immigration debate to complete.
I called several senators last week and discussed with their immigration specialist, I got a feeling this debate is more about illegal aliens and about hispanic votes not many of them are considering legal aliens and issues.
more...
randallemery
06-28 10:08 PM
There will be a big demonstration in support of comprehensive immigration reform outside the hearings on the immigration bills next Wednesday in Philadelphia. If there anybody would like to speak, I could try to get you on the list.
hair You look like a bloody mutter,
dilbert_cal
03-14 01:10 AM
I hope someone out there in a similar situation can help me out.
I have given my real estate agent several referrals and for each I receive a cash amount. I'm on an H1B visa, am I able to receive income from someone other than my employer?
I've searched the web and have been able to find out that this should be reported as taxable income, I'm just not sure if I can receive it due to my immigration status.
Any comments or tips are welcome.
You are supposed to report ALL income regardless of its legal validity or not. Having said that, legally you are not allowed to have any other income other than from your H1B sponsoring company. I dont know though how this compares to the other deals wherein you open a Bank A/c and get 200 bucks and others like that.
Another point you may want to find out more is if your real estate agent is showing the amount paid to you as an expense or not.
And finally, I hope whoever you referred did get a full disclosure from you that you might be compensated for the referral :-)
I have given my real estate agent several referrals and for each I receive a cash amount. I'm on an H1B visa, am I able to receive income from someone other than my employer?
I've searched the web and have been able to find out that this should be reported as taxable income, I'm just not sure if I can receive it due to my immigration status.
Any comments or tips are welcome.
You are supposed to report ALL income regardless of its legal validity or not. Having said that, legally you are not allowed to have any other income other than from your H1B sponsoring company. I dont know though how this compares to the other deals wherein you open a Bank A/c and get 200 bucks and others like that.
Another point you may want to find out more is if your real estate agent is showing the amount paid to you as an expense or not.
And finally, I hope whoever you referred did get a full disclosure from you that you might be compensated for the referral :-)
more...
rajarao
07-30 01:10 PM
Congratulations on your approval. Yor are really lucky and we envy you.
I know the systems is so much screwed up. There are so many frustrated people with their priority dates EB2 before August 2004 and could not file I-485 until this July. Its a wonder USCIS approved a case with priorioty date of August 2005. :mad: :confused: the system is so disgusting.
I know the systems is so much screwed up. There are so many frustrated people with their priority dates EB2 before August 2004 and could not file I-485 until this July. Its a wonder USCIS approved a case with priorioty date of August 2005. :mad: :confused: the system is so disgusting.
hot liebe Mutter, on ground
anishNewbie
09-10 02:54 PM
hello every1,
I was wondering how many of you are here who had applied their labor with MS + 0 years of experience for EB2 category..
Could you please shed some light on your profile and current standing in GC process ??
Thank youu....
I was wondering how many of you are here who had applied their labor with MS + 0 years of experience for EB2 category..
Could you please shed some light on your profile and current standing in GC process ??
Thank youu....
more...
house liebe mutter heino
STAmisha
06-19 04:30 PM
please post your comments
tattoo Liebe Mutter.
GC4US
03-30 01:07 AM
Thank you guys for helping me.
Could you tell me please if it's ok to write where it's written "purpose of trip"........that I want to travel to visit my parents......is it ok with Uscis if I write that? Or what else should I write.
Thanks again!
Could you tell me please if it's ok to write where it's written "purpose of trip"........that I want to travel to visit my parents......is it ok with Uscis if I write that? Or what else should I write.
Thanks again!
more...
pictures Search: i
kondur_007
03-29 06:06 PM
Good; So this is what I understand:
You are working for employer A. Before the expiry of I 94, you applied for extension with employer A and that extension is still pending.
After the expiry of I 94 (and pending extension) you applied for employer B, that did get approved but came without attached I 94.
You are still working for employer A and that extension with employer A is still pending.
If above facts are correct, you may be fine; however question is, why is your extension with employer A still pending; and what can you do about that. Depending on specifics of your case it may be time to make it premium or simply leave the country and return back on employer B's H1B and work for that employer.
You still need to talk to a good attorney to see which one of the above options are good for you.
Good Luck.
You are working for employer A. Before the expiry of I 94, you applied for extension with employer A and that extension is still pending.
After the expiry of I 94 (and pending extension) you applied for employer B, that did get approved but came without attached I 94.
You are still working for employer A and that extension with employer A is still pending.
If above facts are correct, you may be fine; however question is, why is your extension with employer A still pending; and what can you do about that. Depending on specifics of your case it may be time to make it premium or simply leave the country and return back on employer B's H1B and work for that employer.
You still need to talk to a good attorney to see which one of the above options are good for you.
Good Luck.
dresses liebe mutter heino
GCwaitforever
03-07 04:28 PM
I saw something like April 30th of this year. Please post your comments opposing this fee increase.
more...
makeup liebe mutter heino.
ArkBird
06-24 06:07 PM
Even though your wife is not taking salary, if she is owner of the business, she is considered "paid". In the worse case scenario, your wife will have to stop working till you get EAD or you can use protection 245(k) i.e. illegal employment for less than 180 days.
If it is VERY critical, I suggest consulting a lawyer as most of what we post on this forums is personal knowledge and may not be the actual law! :)
Cheers
ArkBird
Hi all,
We applied for my wife's and mine EAD on April 27th (paper based)
I got the receipt notice on 05/08/2010 and checks were cashed on 05/08/2010
I am okay, because I am on H1B, my wife has a business and employs 2 people full time.
She doesn't draw any salary from the business, except she has business on her name and the accounts on her name as well.
Additionally , she has a valid H4 as well.
I know its too early to panic, but if I didnt get her EAd card by July 31st, are we in trouble
Pls reply
Thanks in advance
If it is VERY critical, I suggest consulting a lawyer as most of what we post on this forums is personal knowledge and may not be the actual law! :)
Cheers
ArkBird
Hi all,
We applied for my wife's and mine EAD on April 27th (paper based)
I got the receipt notice on 05/08/2010 and checks were cashed on 05/08/2010
I am okay, because I am on H1B, my wife has a business and employs 2 people full time.
She doesn't draw any salary from the business, except she has business on her name and the accounts on her name as well.
Additionally , she has a valid H4 as well.
I know its too early to panic, but if I didnt get her EAd card by July 31st, are we in trouble
Pls reply
Thanks in advance
girlfriend liebe mutter heino.
desi3933
06-21 10:30 AM
In case the I-485 is filed concurrently with I-140 or on the basis of a I-140 "pending approval", if the "I-140" is rejected (say because it was incorrectly classified as EB-2 when it should have been EB-3), then is the I-485 also automatically rejected? (My guess: YES)
If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)
Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?
Experts, please comment. I may have to face this scenario.
Thanks!
Abhijit
Contribution so far: $100
Unless you have another I-140 (or I-130) that can be used to support I-485, there is good chance that I-485 will be denied.
Not a legal advice.
If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)
Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?
Experts, please comment. I may have to face this scenario.
Thanks!
Abhijit
Contribution so far: $100
Unless you have another I-140 (or I-130) that can be used to support I-485, there is good chance that I-485 will be denied.
Not a legal advice.
hairstyles Liebe Mutter, in der Nacht war
walking_dude
10-25 01:57 PM
Guys, I couldn't reply to you all earlier , here, as I was busy with my job and personal chores.
Let's settle for Yahoo now, as it has powerful features such as Polls and Database that aren't available in Google. Also the Google group created by me has gone into 'La-La land' ( google bugs!)
Here's our new Secure and Trusted Yahoo group
http://groups.yahoo.com/group/ivmi
Here's the latest
1) We are getting our group registered as Official on IV (details sent to IV)
2) News from IV on Legislative updates issues will be posted on the group this weekend (10/20 attendees, be sure to join by then)
3) Some 10/20 Attendees to the meet have been added directly to the group. Others have been sent invites ( Yahoo restricts direct add to 10 per day). Please join ASAP. Let me know if there are any issues [ PM/'Private Message' or E-mail me]. I'll help you get joined.
4) Others, please provide the following details while requesting to join the group.
A) FULL NAME
B) IV handle (N/A for non-members)
C) Telephone [ we'll call you. No request to join will be accepted without Telephone number]
D) City and Zip Code + 4
We will call you to verify and then your request will be accepted. We regret the inability to accomodate anonymous requesters, as we wish to keep our group Secure and Trusted for the purpose of dissemination of sensitive IV information. Your co-operation to make this happen is greatly appreciated.
Let's settle for Yahoo now, as it has powerful features such as Polls and Database that aren't available in Google. Also the Google group created by me has gone into 'La-La land' ( google bugs!)
Here's our new Secure and Trusted Yahoo group
http://groups.yahoo.com/group/ivmi
Here's the latest
1) We are getting our group registered as Official on IV (details sent to IV)
2) News from IV on Legislative updates issues will be posted on the group this weekend (10/20 attendees, be sure to join by then)
3) Some 10/20 Attendees to the meet have been added directly to the group. Others have been sent invites ( Yahoo restricts direct add to 10 per day). Please join ASAP. Let me know if there are any issues [ PM/'Private Message' or E-mail me]. I'll help you get joined.
4) Others, please provide the following details while requesting to join the group.
A) FULL NAME
B) IV handle (N/A for non-members)
C) Telephone [ we'll call you. No request to join will be accepted without Telephone number]
D) City and Zip Code + 4
We will call you to verify and then your request will be accepted. We regret the inability to accomodate anonymous requesters, as we wish to keep our group Secure and Trusted for the purpose of dissemination of sensitive IV information. Your co-operation to make this happen is greatly appreciated.
Rb_newsletter
01-07 08:36 PM
I found this article in imminfo.com. I could not understand the below line in legal sense. Does this line means that delayed registration of birth is not acceptable?
ImmInfo Newsletter: Required Supporting Documents: Birth Records (http://imminfo.com/News/Newsletter/2010-1/required_supporting_documents_birth_record.html)
Delayed birth certificates are also not considered as conclusive evidence of birth.
ImmInfo Newsletter: Required Supporting Documents: Birth Records (http://imminfo.com/News/Newsletter/2010-1/required_supporting_documents_birth_record.html)
Delayed birth certificates are also not considered as conclusive evidence of birth.
gchopes
07-30 08:10 PM
We may cross 2001 and enter into begining 2002.
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