sk2006
07-14 10:48 PM
Thanks for the quick response...
Could someone please provide me the co-affidavit letter template.
Thanks,
Sangeetha K
Get it from your lawyer. That is what I did.
They know what language would be appropriate for your case.
Could someone please provide me the co-affidavit letter template.
Thanks,
Sangeetha K
Get it from your lawyer. That is what I did.
They know what language would be appropriate for your case.
wallpaper I Love Electro-House Music
brij523
12-28 07:43 AM
Hi Paskal,
I have the ppt file ready. Can you PM me your e-mail address so that I can send you the file.
Thanks
I have the ppt file ready. Can you PM me your e-mail address so that I can send you the file.
Thanks
zCool
04-03 03:35 PM
See below for answers:
Hi there,
this is going to be a bit complicated but I'd appreciate any thoughts (or even just the advice to go get a/which lawyer for this one)....
Anyway, I am on an H1B right now but am going to switch jobs. My understanding is that once the new petition is filed I can start working for the second employer. I also would like to travel home during this time... So, here are my questions:
- Can you work for 2 employers at the same time while making the switch?
-- Simple words. NO. If you want to be on the payroll of 2 full-time employers at the same time, unless otherwise it is mentioned so in LCA it's illegal.
That does not stop you from holding approved H1b Petitions from 2 (or for that matter more than 2) employers at the same time. But you can only work for 1 employer.
- How long does it take to file a petition (can i/my new employer do that myself)? If no, any advice on which lawyer to pick??? Anybody heard of Visa PRO?
-- It should take less than 3 days. If an attorney has previously worked with your employer and has their records on the file etc. then maybe less. A lot of h1b and LCA application documentation involves writing big statements and letters related to employer's business, their need for your speciality skills etc. First time applications for any new employer-attorney pair will take couple of days to prepare these docs.
Good part is you can apply and get receipt in couple of weeks (Earlier if you apply in Premium) and then you are allowed to work for new employer.
- Is traveling to my home country OK while filing the petition or is it better to wait until I come back?
-- It it better to wait. Coz any travel outside can get you stranded if something goes wrong. but if you MUST travel then postpone change of employer till you come back. Meaning you can apply for h1 from new employer but do not join them, Continue working for your current employer. Go visit india, come back , join your current employer and then after 1 paycheck at least give notice and work for new employer. Hopefulyl by then your transfer would have come thro' there by reducing your risk of joining them before h1 approval and then RFE or denial creating issues for you.
Thanks a lot!
BTW, as queries go.. this one wasn't complicated :) Relax!
Hi there,
this is going to be a bit complicated but I'd appreciate any thoughts (or even just the advice to go get a/which lawyer for this one)....
Anyway, I am on an H1B right now but am going to switch jobs. My understanding is that once the new petition is filed I can start working for the second employer. I also would like to travel home during this time... So, here are my questions:
- Can you work for 2 employers at the same time while making the switch?
-- Simple words. NO. If you want to be on the payroll of 2 full-time employers at the same time, unless otherwise it is mentioned so in LCA it's illegal.
That does not stop you from holding approved H1b Petitions from 2 (or for that matter more than 2) employers at the same time. But you can only work for 1 employer.
- How long does it take to file a petition (can i/my new employer do that myself)? If no, any advice on which lawyer to pick??? Anybody heard of Visa PRO?
-- It should take less than 3 days. If an attorney has previously worked with your employer and has their records on the file etc. then maybe less. A lot of h1b and LCA application documentation involves writing big statements and letters related to employer's business, their need for your speciality skills etc. First time applications for any new employer-attorney pair will take couple of days to prepare these docs.
Good part is you can apply and get receipt in couple of weeks (Earlier if you apply in Premium) and then you are allowed to work for new employer.
- Is traveling to my home country OK while filing the petition or is it better to wait until I come back?
-- It it better to wait. Coz any travel outside can get you stranded if something goes wrong. but if you MUST travel then postpone change of employer till you come back. Meaning you can apply for h1 from new employer but do not join them, Continue working for your current employer. Go visit india, come back , join your current employer and then after 1 paycheck at least give notice and work for new employer. Hopefulyl by then your transfer would have come thro' there by reducing your risk of joining them before h1 approval and then RFE or denial creating issues for you.
Thanks a lot!
BTW, as queries go.. this one wasn't complicated :) Relax!
2011 of classic House Music,
mammoy2k
11-13 05:49 PM
you will need to come back to atleast get AP approvals (AP expires every year), and if you are served a fingerprint notice, then come back for that. If you are going to be definately out for the next few years, another option is to do consular processing; talk to a lawyer it depends a lot on your specific case.
Due to work, I would be in the US at least once every quarter. So I dont think that finger printing or AP renewal is a problem, as long as I can get an address where these notices come.
Thanks for your response.
Due to work, I would be in the US at least once every quarter. So I dont think that finger printing or AP renewal is a problem, as long as I can get an address where these notices come.
Thanks for your response.
more...
abqguy
09-16 03:35 PM
Will call the rest during my next break :)
pappu
08-11 01:12 PM
Immigration Voice would like to thank its members for their continued support and dedication. Your contributions and volunteer efforts will enable us to work towards solving the issues that we all face during our employment based green card process.
The 2009 Ombudsman report released at the end of June 09, confirms the grim future that we conveyed to our members in the last newsletter. If no action is taken by the legislature, heavily retrogressed nationalities of India and China have an upwards of 10 to 20 years of wait ahead of them. The time to act is now. We cannot sit back and relax and hope for something good to happen. We have to act in order for favorable things to happen. To that end, we would like to impress upon our members the significance of our latest Advocacy Action Item
================================================== ====================================
IV Advocacy Action Item August 2009
The future is not in the hands of fate, but in ours. The summer August recess is here and the lawmakers are back in their constituencies. This is an opportunity for us to meet with them and address our issues and present solutions in preparation for the upcoming CIR. We must push for our agenda to get our provisions in the base bill as CIR is being drafted currently. If we do not get our provisions in the base bill then it is much harder to get them attached to the bill in the form of amendments.
IV therefore requests its members, to call up and start scheduling lawmaker meetings NOW. Please take appointments with your local lawmakers of both houses of Congress. You can find more information about how to reach your lawmaker in this guide http://immigrationvoice.org/media/HowTo_Guide_MeetLawmakers.doc
We are organizing national and state level calls to coordinate this effort. You will be given detailed instructions on how to schedule meetings, what to carry, and most importantly present the IV community’s agenda and present solutions. We have scheduled two nationwide calls on August 11 and 12 to get everyone started on this action item. You can find the details of these calls including the dial in numbers from your state chapter or on IV’s Donor Forum.
To that end, we have created multiple documents and support material that will go into your “Advocacy Packet” for you to carry for these lawmaker meetings. We have also created a Lawmaker Appointment Book http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemi d=36 where you will post the details of your lawmaker appointment and we will provide you with the advocacy packet. The idea is to at least have 2 or more people when going to any meeting with the lawmaker. More details of this action item can be found on this thread : http://immigrationvoice.org/forum/forum85-action-items-for-everyone/294611-iv-action-item-advocacy-month-august-2009-a.html
In summary there are three parts to this action item
1) Please start taking the appointments with your lawmakers now. . Once you take the appointment, update the details in the Lawmaker Appointment Book that is available on http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemi d=36 and you will receive the Advocacy Packet that you will need to take to the meetings.
2) Please attend any one of the following calls to get more details on this action item. These calls will also provide an opportunity for you to ask questions and get updates on CIR.
Call 1:
Tuesday August 11, 8 PM EST
Call 2
Wednesday August 12, 9 PM EST
3) Once you have your meetings, please email the details and feedback to info@immigrationvoice.org to help us follow up with their DC office with your feedback. Your detailed feedback will also help other members in their upcoming meetings with their representatives.
We must push ourselves harder and stronger in this month if we have to see the light at the end of the tunnel. Advocacy is an integral, essential and important part of democracy and we must exercise our first amendment right to demonstrate that we not only are highly skilled and are high income individuals but we are truly the best and the brightest Future Americans.
================================================== ========================================
Democracy, Advocacy and You
Each one of you can be an advocate for the change you seek. Advocacy is not just for lawyers and lobbyists. You do not need to be a member of a bar association or hold a JD (law degree). Advocacy is not something that can only be done by the wealthy and the powerful. The power of American democracy lies in the right to petition the government in a peaceful manner to redress grievances and advocate for change. It is a right given to every person on US soil by the first amendment in the constitution. Peaceful and legitimate advocacy is an essential part of a democratic society. There is nothing to be afraid of. Just because you call your local lawmaker’s office or send them an email or a fax or meet them to make your case, your pending green card is not going to be in jeopardy. We must understand that we cannot talk about frustrations and ideas on the message boards and forums without following through on those words by meeting our lawmakers. Words without action are futile.
Without any legislative action from congress, we all have a decade plus wait lying ahead of us. The retrogression is a reality and the nationality doesn’t matter. The priority date of your EB category doesn’t matter. Time to act is now. As the summer recess approaches for the congress in the month of august, the lawmakers will be back in their constituencies. This gives us an opportunity to meet with them as their constituents and make our case for our provisions to be included in the upcoming Comprehensive Immigration Reform. We have prepared an advocacy packet for you. Detailed instructions on how to set up meetings with your members of congress are included in it along with the supporting documents to make our case for Employment Based Green Card reforms.
Immigration Voice Advocacy is a grassroots effort. Each one of you must become an advocate for the change we seek. Together, we will bring America out of the current economic recession and strengthen the national security. As a highly educated and highly skilled future American living in this country legally, we must petition the lawmakers to address our issues and present the solutions. We hope that you put action behind your words and passion.
Thank You
Immigration Voice
The 2009 Ombudsman report released at the end of June 09, confirms the grim future that we conveyed to our members in the last newsletter. If no action is taken by the legislature, heavily retrogressed nationalities of India and China have an upwards of 10 to 20 years of wait ahead of them. The time to act is now. We cannot sit back and relax and hope for something good to happen. We have to act in order for favorable things to happen. To that end, we would like to impress upon our members the significance of our latest Advocacy Action Item
================================================== ====================================
IV Advocacy Action Item August 2009
The future is not in the hands of fate, but in ours. The summer August recess is here and the lawmakers are back in their constituencies. This is an opportunity for us to meet with them and address our issues and present solutions in preparation for the upcoming CIR. We must push for our agenda to get our provisions in the base bill as CIR is being drafted currently. If we do not get our provisions in the base bill then it is much harder to get them attached to the bill in the form of amendments.
IV therefore requests its members, to call up and start scheduling lawmaker meetings NOW. Please take appointments with your local lawmakers of both houses of Congress. You can find more information about how to reach your lawmaker in this guide http://immigrationvoice.org/media/HowTo_Guide_MeetLawmakers.doc
We are organizing national and state level calls to coordinate this effort. You will be given detailed instructions on how to schedule meetings, what to carry, and most importantly present the IV community’s agenda and present solutions. We have scheduled two nationwide calls on August 11 and 12 to get everyone started on this action item. You can find the details of these calls including the dial in numbers from your state chapter or on IV’s Donor Forum.
To that end, we have created multiple documents and support material that will go into your “Advocacy Packet” for you to carry for these lawmaker meetings. We have also created a Lawmaker Appointment Book http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemi d=36 where you will post the details of your lawmaker appointment and we will provide you with the advocacy packet. The idea is to at least have 2 or more people when going to any meeting with the lawmaker. More details of this action item can be found on this thread : http://immigrationvoice.org/forum/forum85-action-items-for-everyone/294611-iv-action-item-advocacy-month-august-2009-a.html
In summary there are three parts to this action item
1) Please start taking the appointments with your lawmakers now. . Once you take the appointment, update the details in the Lawmaker Appointment Book that is available on http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemi d=36 and you will receive the Advocacy Packet that you will need to take to the meetings.
2) Please attend any one of the following calls to get more details on this action item. These calls will also provide an opportunity for you to ask questions and get updates on CIR.
Call 1:
Tuesday August 11, 8 PM EST
Call 2
Wednesday August 12, 9 PM EST
3) Once you have your meetings, please email the details and feedback to info@immigrationvoice.org to help us follow up with their DC office with your feedback. Your detailed feedback will also help other members in their upcoming meetings with their representatives.
We must push ourselves harder and stronger in this month if we have to see the light at the end of the tunnel. Advocacy is an integral, essential and important part of democracy and we must exercise our first amendment right to demonstrate that we not only are highly skilled and are high income individuals but we are truly the best and the brightest Future Americans.
================================================== ========================================
Democracy, Advocacy and You
Each one of you can be an advocate for the change you seek. Advocacy is not just for lawyers and lobbyists. You do not need to be a member of a bar association or hold a JD (law degree). Advocacy is not something that can only be done by the wealthy and the powerful. The power of American democracy lies in the right to petition the government in a peaceful manner to redress grievances and advocate for change. It is a right given to every person on US soil by the first amendment in the constitution. Peaceful and legitimate advocacy is an essential part of a democratic society. There is nothing to be afraid of. Just because you call your local lawmaker’s office or send them an email or a fax or meet them to make your case, your pending green card is not going to be in jeopardy. We must understand that we cannot talk about frustrations and ideas on the message boards and forums without following through on those words by meeting our lawmakers. Words without action are futile.
Without any legislative action from congress, we all have a decade plus wait lying ahead of us. The retrogression is a reality and the nationality doesn’t matter. The priority date of your EB category doesn’t matter. Time to act is now. As the summer recess approaches for the congress in the month of august, the lawmakers will be back in their constituencies. This gives us an opportunity to meet with them as their constituents and make our case for our provisions to be included in the upcoming Comprehensive Immigration Reform. We have prepared an advocacy packet for you. Detailed instructions on how to set up meetings with your members of congress are included in it along with the supporting documents to make our case for Employment Based Green Card reforms.
Immigration Voice Advocacy is a grassroots effort. Each one of you must become an advocate for the change we seek. Together, we will bring America out of the current economic recession and strengthen the national security. As a highly educated and highly skilled future American living in this country legally, we must petition the lawmakers to address our issues and present the solutions. We hope that you put action behind your words and passion.
Thank You
Immigration Voice
more...
redddiv
07-11 08:03 AM
i liv ein boca raton
2010 Album: Bulgarian House Music
dummgelauft
09-23 08:38 AM
As long as greedy corporations like microsoft exist noting will happen to H1B program..its the economy that's it ..once it start moving up h1b will become l1b and the import of cheap labor starts once again .....you guys are just spreading fear nothing else ....
Just wait a couple of yeard for the things to improve a bit, "American Workers" will go right back to getting high on borrowed money, spending money that they don't have...this will all go away. Then, the focus will be..i don't know.....buying "stuff".
Plus, other countries are not sleeping any more. America started the outsourcing model and now, the hitherto underdeveloped economies have expanded their own industrial base and middle class. WHile US protectionism might hurt them in the short run, but they are much better prepared than they were, only a few years ago.
Druecken die daumen!!
Just wait a couple of yeard for the things to improve a bit, "American Workers" will go right back to getting high on borrowed money, spending money that they don't have...this will all go away. Then, the focus will be..i don't know.....buying "stuff".
Plus, other countries are not sleeping any more. America started the outsourcing model and now, the hitherto underdeveloped economies have expanded their own industrial base and middle class. WHile US protectionism might hurt them in the short run, but they are much better prepared than they were, only a few years ago.
Druecken die daumen!!
more...
terpcurt
November 2nd, 2003, 10:46 AM
i don't normally go for tricked-up stuff, but this one kind of hooked me. I did the "Ansel Adams" conversion to B&W which gave me a contrasty and "antique' look. Then I merged it with the original at about 45%.
This gave the shot a very surreal look.
Don
Nice technique Don......... definitley gave it a ~look~ to it
This gave the shot a very surreal look.
Don
Nice technique Don......... definitley gave it a ~look~ to it
hair House Music - Great House
srikondoji
01-28 04:38 PM
I don't think Americans are that short sighted or narrow minded to want to steal your social security money. I know, i read a lot of press releases on how their social security is in a mess. They will fix it. I have no doubt about it.
Who thought India would be in such a limelight and then go on to be economic power before year 2000?
In a short span of 6-7 years the whole world changed. Coming to social security, by the time you will be in need of Social security, it will be decades and that is lot of time for a change. Who knows, we may be even taking a flight to Mars or worse 'nuked'.
Just be positive and drink a high gravity beer.
Yeah right... he wants your brain, but does not want your body. Got it? :rolleyes:
In case you did not, Americans only want you to come to work for them and then you will need to leave... so that they do not have to pay your social security down the road. Isn't that a good deal?
Who thought India would be in such a limelight and then go on to be economic power before year 2000?
In a short span of 6-7 years the whole world changed. Coming to social security, by the time you will be in need of Social security, it will be decades and that is lot of time for a change. Who knows, we may be even taking a flight to Mars or worse 'nuked'.
Just be positive and drink a high gravity beer.
Yeah right... he wants your brain, but does not want your body. Got it? :rolleyes:
In case you did not, Americans only want you to come to work for them and then you will need to leave... so that they do not have to pay your social security down the road. Isn't that a good deal?
more...
thepaew
02-07 12:22 PM
It is approximately 20 Lakh to 35 Lakh p.a. for top talent. Again, my information is anecdotal - your mileage may vary.
I hear that the recession has hit hiring and wages in India as well. I am taking a 4-week vacation/business trip to Asia in March and can post some data when I am back.
Any guess!!!
I hear that the recession has hit hiring and wages in India as well. I am taking a 4-week vacation/business trip to Asia in March and can post some data when I am back.
Any guess!!!
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ksahmed
11-15 04:31 PM
Service Center NSC
I-131
Primary Applicant:
10/22: Soft LUD
11/6: Document Mailed
11/7: Document Mailed (Soft LUD)
11/15: Phisically Received (The AP says I-131 was approved on 10/22)
Secondary Applicant
10/12: Soft LUD
10/31: Document Mailed
11/1: Document Mailed (Soft LUD)
11/6: Phisically Received (The AP says I-131 was approved on 10/12)
I-131
Primary Applicant:
10/22: Soft LUD
11/6: Document Mailed
11/7: Document Mailed (Soft LUD)
11/15: Phisically Received (The AP says I-131 was approved on 10/22)
Secondary Applicant
10/12: Soft LUD
10/31: Document Mailed
11/1: Document Mailed (Soft LUD)
11/6: Phisically Received (The AP says I-131 was approved on 10/12)
more...
house images House Music Essentials
franklin
07-20 02:30 PM
AP is a must. If you travel out of the country and your GC gets approved while you're away... your H1 becomes invalid and you cannot use it enter US. The only way to return then is AP.
Sure, but I have been told that you need both EAD and AP to be able to travel, not AP alone. Having H1B and AP is no point.
But, I've just re-read your answer - I understand about the H1B invalidated stuff now :) My point was more that AP and EAD seem to go hand in hand, I don't really understand why you wouldn't get both at the same time, especially if H1B has nearly expired.
Sure, but I have been told that you need both EAD and AP to be able to travel, not AP alone. Having H1B and AP is no point.
But, I've just re-read your answer - I understand about the H1B invalidated stuff now :) My point was more that AP and EAD seem to go hand in hand, I don't really understand why you wouldn't get both at the same time, especially if H1B has nearly expired.
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engineer
10-02 11:48 AM
Can one apply for Social Security # after getting EAD card ?
more...
pictures House Music All Night Long: A
orangutan
02-08 10:32 PM
Some questions before I answer.
1) Did you get married in a church or did you reserve a church for marriage?
2) If you are not married how do you start immigration paper work?
If you want to start paperwork, you need to get married.If you have to get married, you need to get married before March 31.If you have to get married before March 31, you need to get your marriage license before that.If you already got married why do you need license?If you are talking about marriage certificate for applying immigration, you can apply it on line.If he goes to jail on March 31st then ask him to apply for parol to come out.
well i got marriage church, but we didn't got are license yet, because my husband have some problem in court.( he is a citzen) We'll know if he will go to jail or not in march 31.
my question is:
since we don't know if he will or not. I need to know if i can start my paper with the immigration?
because if he goes to jail.. how we will do the interview if he is not here to go?
what i can do??
somebody can help me?:confused:
1) Did you get married in a church or did you reserve a church for marriage?
2) If you are not married how do you start immigration paper work?
If you want to start paperwork, you need to get married.If you have to get married, you need to get married before March 31.If you have to get married before March 31, you need to get your marriage license before that.If you already got married why do you need license?If you are talking about marriage certificate for applying immigration, you can apply it on line.If he goes to jail on March 31st then ask him to apply for parol to come out.
well i got marriage church, but we didn't got are license yet, because my husband have some problem in court.( he is a citzen) We'll know if he will go to jail or not in march 31.
my question is:
since we don't know if he will or not. I need to know if i can start my paper with the immigration?
because if he goes to jail.. how we will do the interview if he is not here to go?
what i can do??
somebody can help me?:confused:
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YesGC_NoGC
06-20 09:42 AM
Thanks man,
What was your experience when you invoked AC21 both the times? Did you or your employer notified USCIS? was there any difference in title and or responsibilities? Did you try make sure the job title match with teh SOC codes that is on your labor?
hey man, if i were you, i wouldn't do this..i personally changed jobs twice in ac21 and would not do this change..
What was your experience when you invoked AC21 both the times? Did you or your employer notified USCIS? was there any difference in title and or responsibilities? Did you try make sure the job title match with teh SOC codes that is on your labor?
hey man, if i were you, i wouldn't do this..i personally changed jobs twice in ac21 and would not do this change..
more...
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h1techSlave
09-22 09:22 PM
Companies like Microsoft are indeed greedy. But Microsoft shareholders like me and many others in this forum are saints.
As long as greedy corporations like microsoft exist noting will happen to H1B program..its the economy that's it ..once it start moving up h1b will become l1b and the import of cheap labor starts once again .....you guys are just spreading fear nothing else ....
As long as greedy corporations like microsoft exist noting will happen to H1B program..its the economy that's it ..once it start moving up h1b will become l1b and the import of cheap labor starts once again .....you guys are just spreading fear nothing else ....
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WeldonSprings
05-27 01:48 PM
120 days, but 90 days atleast
Does anyone know how many days prior to expiration of EAD, we can file for extension?
Does anyone know how many days prior to expiration of EAD, we can file for extension?
hairstyles Ultimate House Music vol.1
kewlchap
09-09 01:17 AM
Hi greencard_fever,
How did you open a SR for your wife's case (which had an RFE)? I responded to an RFE and they say that I have to wait 60 days before opening an SR. Please let me know.
How did you open a SR for your wife's case (which had an RFE)? I responded to an RFE and they say that I have to wait 60 days before opening an SR. Please let me know.
smuggymba
11-09 04:02 PM
BS post. How the hell is it related to immigration. Use other websites for this.
kondur_007
09-17 09:38 PM
I dont want to duplicate, but I think following "cut and paste" from my previous post may be a fair thing to do; just for the information.
I am not a lawyer; but this is what I believe to the best of my knowledge:
1. If you never used AC21 (still working with the employer who sponsored I 140); your obligation at the time of GC approval is to have a "good faith intention to work with the same employer permanently". It is not clear in the law as to how would you prove that intention...most people say that you should work for some duration (6 months or 12 months at least...or something like that) after GC is approved to "show" your good faith intention.
2. If you ported to employer B using AC 21 (before the approval of GC); you have the same obligation to the new employer B and NO obligation to original I 140 sponsoring employer. (this is especially true if you informed USCIS of your porting and also true if you did not inform USCIS but law is less clear in the later scenario)
There is really no law that specifies the duration.
All it says is :"you should have intention to work for the GC sponsoring employer (or AC21 employer if you ported) permanently."
Intention is a state of mind and it can change!! also all these employments are at will, and so it is possible that you may not like that job! Or on the other hand employer may not like you and fire you in a week.
Bottomline: You will be fine under most circumstances. However, if the issue is raised at the time of naturalization, it would be much easier for you to explain/show that you did have intention to work for the employer if you actually work for the sponsoring employer for some duration (6 months, 1 year...all these are arbitrary numbers).
If you never worked for the sponsoring employer, you may not have a lot of grounds to show that entire GC was not a fraud...
Again, there is no clear law on this...
followup post:
I think there is a mix up here between two things:
180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.
If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".
You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.
One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.
One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??)...no law on this.
This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.
This is from my discussion in following thread:
http://immigrationvoice.org/forum/showthread.php?t=3305&page=2
http://immigrationvoice.org/forum/sh...ad.php?t=20403
Hope this helps.
Good Luck.
I am not a lawyer; but this is what I believe to the best of my knowledge:
1. If you never used AC21 (still working with the employer who sponsored I 140); your obligation at the time of GC approval is to have a "good faith intention to work with the same employer permanently". It is not clear in the law as to how would you prove that intention...most people say that you should work for some duration (6 months or 12 months at least...or something like that) after GC is approved to "show" your good faith intention.
2. If you ported to employer B using AC 21 (before the approval of GC); you have the same obligation to the new employer B and NO obligation to original I 140 sponsoring employer. (this is especially true if you informed USCIS of your porting and also true if you did not inform USCIS but law is less clear in the later scenario)
There is really no law that specifies the duration.
All it says is :"you should have intention to work for the GC sponsoring employer (or AC21 employer if you ported) permanently."
Intention is a state of mind and it can change!! also all these employments are at will, and so it is possible that you may not like that job! Or on the other hand employer may not like you and fire you in a week.
Bottomline: You will be fine under most circumstances. However, if the issue is raised at the time of naturalization, it would be much easier for you to explain/show that you did have intention to work for the employer if you actually work for the sponsoring employer for some duration (6 months, 1 year...all these are arbitrary numbers).
If you never worked for the sponsoring employer, you may not have a lot of grounds to show that entire GC was not a fraud...
Again, there is no clear law on this...
followup post:
I think there is a mix up here between two things:
180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.
If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".
You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.
One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.
One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??)...no law on this.
This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.
This is from my discussion in following thread:
http://immigrationvoice.org/forum/showthread.php?t=3305&page=2
http://immigrationvoice.org/forum/sh...ad.php?t=20403
Hope this helps.
Good Luck.
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