kaisersose
08-03 04:56 PM
hi guyz,
Please advise on this issue: I work for a engineering software company. Currently I work as a 'Technical Support Engineer', but my company has offered me a position of 'Sales Engineer'. I have already applied for my I-485, but have not received a notice yet. If I start working in the sales position, will this affect my GC application? Would the USCIS know about my change of duties, if my 'salary' and 'position title' remains the same? Please reply. Response will be highly appreciated!
-A
As long as nothing changes on paper, you are good. The title can be different as long as there are at least some responsibilities similar to your previous role.
But keep in mind, that companies & management are volatile by nature. The manager and HR who are cooperating today may move on and you may have to deal with new people who may not be willing to go along.
Please advise on this issue: I work for a engineering software company. Currently I work as a 'Technical Support Engineer', but my company has offered me a position of 'Sales Engineer'. I have already applied for my I-485, but have not received a notice yet. If I start working in the sales position, will this affect my GC application? Would the USCIS know about my change of duties, if my 'salary' and 'position title' remains the same? Please reply. Response will be highly appreciated!
-A
As long as nothing changes on paper, you are good. The title can be different as long as there are at least some responsibilities similar to your previous role.
But keep in mind, that companies & management are volatile by nature. The manager and HR who are cooperating today may move on and you may have to deal with new people who may not be willing to go along.
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sandeeps92049
08-07 12:44 AM
Hi,
I have H1 that is valid till 2011 but when I entered using H1 ( I had EAD and AP also), the visa officer gave i-94 only till Jun 3rd 2009. I did not notice this error at that time. I realized this when my attorney pointed out this while applying for my new AP. The attorney suggested that I should go out of the country and re enter on EAD/AP and start working on EAD. What are my options ?
1) My EAD is valid till 2010
2) My current H1 is valid till 2011
3) My current AP is Valid till August 28 2009
4) My I-94 expired on June 3rd 2009.
5) My H1 visa stamp expired on May 2009
Should I go to Canada or Mexico and re-enter US with EAD/AP before my AP expires to start working on EAD and avoid any "out of status" issues ?
Does Canada Mexico ask for valid VISA and I-94 to get a visitor visa ?
Should I go to India(my home country) and re-enter US before my AP expires to keep my status ?
Appreciate a quick response as my AP is about to expire.
I have H1 that is valid till 2011 but when I entered using H1 ( I had EAD and AP also), the visa officer gave i-94 only till Jun 3rd 2009. I did not notice this error at that time. I realized this when my attorney pointed out this while applying for my new AP. The attorney suggested that I should go out of the country and re enter on EAD/AP and start working on EAD. What are my options ?
1) My EAD is valid till 2010
2) My current H1 is valid till 2011
3) My current AP is Valid till August 28 2009
4) My I-94 expired on June 3rd 2009.
5) My H1 visa stamp expired on May 2009
Should I go to Canada or Mexico and re-enter US with EAD/AP before my AP expires to start working on EAD and avoid any "out of status" issues ?
Does Canada Mexico ask for valid VISA and I-94 to get a visitor visa ?
Should I go to India(my home country) and re-enter US before my AP expires to keep my status ?
Appreciate a quick response as my AP is about to expire.
DrAnnSocolofskyMD
07-25 07:26 PM
I am an American physician and I am currently working on building an Internet business. What kinds of questions do you have? I might be able to help. In addition to my medical practice, which includes acting as a Civil Surgeon, I am an Independent Business Advisor for Bill Glazier and Dan Kennedy. You might not know who they are but they offer training in creating information products to sell on the Internet and they also help business owners learn how to increase their income. And it has NOTHING to do with Amway.
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snathan
01-24 11:22 AM
Hi,
This is my case:
1. Came to States on H1B in Jan 2005 thru company A. Worked with company A till July 2005
2. Successfully transferred H1B to company B. Started working with them from July 2005. New I 797 was valid till July 2008. Filed for H1b Ext with company B in Feb 2008.
3. Came to visit India in May 2008 and also to stamp the H1b which was valid till July 2008 thru company B. Got RFE in Indian consulate in Bombay on June 2008 so couldnt travelled back to States.
4. RFE got cleared in Aug 2008 and by that time my H1B expired. Company B received an RFE on H1B extension. They said they cant reply for some reasons and they withdrew the application.
5. In Dec 2008, I filed for H1b extension from company C. Got an RFE to prove the legal status on H1B ext.
Please suggest, what are the chances of getting an approval. I know its little trickier but a straight forward case.
Regards
You might need to provide the pay stubs and copies of I-94. check with lawyer for anything else.
This is my case:
1. Came to States on H1B in Jan 2005 thru company A. Worked with company A till July 2005
2. Successfully transferred H1B to company B. Started working with them from July 2005. New I 797 was valid till July 2008. Filed for H1b Ext with company B in Feb 2008.
3. Came to visit India in May 2008 and also to stamp the H1b which was valid till July 2008 thru company B. Got RFE in Indian consulate in Bombay on June 2008 so couldnt travelled back to States.
4. RFE got cleared in Aug 2008 and by that time my H1B expired. Company B received an RFE on H1B extension. They said they cant reply for some reasons and they withdrew the application.
5. In Dec 2008, I filed for H1b extension from company C. Got an RFE to prove the legal status on H1B ext.
Please suggest, what are the chances of getting an approval. I know its little trickier but a straight forward case.
Regards
You might need to provide the pay stubs and copies of I-94. check with lawyer for anything else.
more...
aravindan_kv
02-01 11:13 AM
All ,
I am working for company "x" and having middle vendor "y"
and middle vendor has got me job and , working in the client location "z" of the middle vendor
I have signed non-compete agreement with middle vendor , that i should not join with client "z" (introduce by middle vendor) for 2 years after my termination.
The vendor "y" is not willing to work with my client "z"
and vendor "y" is saying to me i should not work with "z" because i have signed non-compete agreement.
Is it legal for my vendor "y" to say that i should not work with "z"
if they don't want to do business with "z"
I don;t know how to overcome this isssue.please guide me
I am working for company "x" and having middle vendor "y"
and middle vendor has got me job and , working in the client location "z" of the middle vendor
I have signed non-compete agreement with middle vendor , that i should not join with client "z" (introduce by middle vendor) for 2 years after my termination.
The vendor "y" is not willing to work with my client "z"
and vendor "y" is saying to me i should not work with "z" because i have signed non-compete agreement.
Is it legal for my vendor "y" to say that i should not work with "z"
if they don't want to do business with "z"
I don;t know how to overcome this isssue.please guide me
glus
06-29 08:11 AM
Post date is NOT Important. What's important is the "delivered" date. Think about. USCIS can't and is not responsible for postal delays. If one sends a package and somehow it does not get delivered for 14 days, USCIS cannot mark the application received until and when it receives it, period.
Please check before posting untrue statements. So even if your application reaches the uscis on the July 3rd, but uscis enters your application to the system on August 1st, your filed date will be July 3rd. So don't worry. Make sure your package reaches USCIS in July and you will be OK.
Please check before posting untrue statements. So even if your application reaches the uscis on the July 3rd, but uscis enters your application to the system on August 1st, your filed date will be July 3rd. So don't worry. Make sure your package reaches USCIS in July and you will be OK.
more...
anilsal
09-16 09:21 AM
if they are going to continue to be in closets.
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kramac01
09-25 12:42 PM
Hi all,
I have a Question?
Anybody whose LUD is not updated but received the EAD card directly in mail?
Please respond.
Thanks.
I have a Question?
Anybody whose LUD is not updated but received the EAD card directly in mail?
Please respond.
Thanks.
more...
milind70
08-11 12:56 PM
hello all,
i filed my application on july 2nd to nebraska service center. Now i am filing my wife' application using the new updated 485 form. i sent my application to nebraska service center. i live in florida and in the new form i have noticed that they are asking people from florida to send 485 application to texas service center.
i am confused as to where i should send my application. i am attaching a sheet which asks mailroom to attach my wife's new application to already filed my application ( sent on 2nd july with no recepit ).. i am just confused that if i send my application to texas will it get attached to my primary already filed application... any one in same situation or any insite please help.
thanks
-M:confused:
mail to NSC where you have mailed your application,you might have mailed your 485 to NSC since your 140 was approved from there.
i filed my application on july 2nd to nebraska service center. Now i am filing my wife' application using the new updated 485 form. i sent my application to nebraska service center. i live in florida and in the new form i have noticed that they are asking people from florida to send 485 application to texas service center.
i am confused as to where i should send my application. i am attaching a sheet which asks mailroom to attach my wife's new application to already filed my application ( sent on 2nd july with no recepit ).. i am just confused that if i send my application to texas will it get attached to my primary already filed application... any one in same situation or any insite please help.
thanks
-M:confused:
mail to NSC where you have mailed your application,you might have mailed your 485 to NSC since your 140 was approved from there.
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Blog Feeds
10-15 06:30 PM
U.S. Citizenship and Immigration Services (USCIS) has launched its newly re-designed Web site (http://www.uscis.gov/portal/site/uscis). Although the Web site update was scheduled to be introduced September 22, 2009, attorney Eugenia Ponce visited the site Monday and has this report:
The updated Web site is organized according to categories.The categories are displayed as Topics, Forms, Resources, Laws, News, and About Us. The topics are categorized as follows: Adoption, Permanent Residence, Humanitarian, Citizenship, Members of the Military and Their Family, Family, Visit the U.S., Working in the U.S, and Genealogy. After clicking on a specific topic, I was provided helpful information and even more additional information was available through the links on the left of the screen.The advantage of categorizing the information by topic is that individuals are now able to familiarize themselves with the process from start to finish. There are other helpful links and tools within each specific topic.
Another key feature to the Web site is that there is a “where to start” link. Before, individuals could navigate throughout the Web site not knowing where to even begin their search on a narrow issue. Now, the “where to start link” will allow individuals to begin their immigration search by narrowing it down to their specific issue. For instance, there is a scroll-down available for individuals under the “where to start” link. It states “I Am,” and one can select from the various choices available and get specific information relating to any issue.
Given the new era with text messaging (even various airline companies provide flight and gate status information through text messaging), USCIS has upgraded its site by adding a link that allows individuals to receive case status updates via text messages. The newly designed site has provided a one-stop resource center for individuals with specific queries and I am excited in navigating throughout their links. Visit the newly re-designed USCIS Web site (http://www.uscis.gov/portal/site/uscis) and see the improvements for yourself.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/m6kvujwmnC8/)
The updated Web site is organized according to categories.The categories are displayed as Topics, Forms, Resources, Laws, News, and About Us. The topics are categorized as follows: Adoption, Permanent Residence, Humanitarian, Citizenship, Members of the Military and Their Family, Family, Visit the U.S., Working in the U.S, and Genealogy. After clicking on a specific topic, I was provided helpful information and even more additional information was available through the links on the left of the screen.The advantage of categorizing the information by topic is that individuals are now able to familiarize themselves with the process from start to finish. There are other helpful links and tools within each specific topic.
Another key feature to the Web site is that there is a “where to start” link. Before, individuals could navigate throughout the Web site not knowing where to even begin their search on a narrow issue. Now, the “where to start link” will allow individuals to begin their immigration search by narrowing it down to their specific issue. For instance, there is a scroll-down available for individuals under the “where to start” link. It states “I Am,” and one can select from the various choices available and get specific information relating to any issue.
Given the new era with text messaging (even various airline companies provide flight and gate status information through text messaging), USCIS has upgraded its site by adding a link that allows individuals to receive case status updates via text messages. The newly designed site has provided a one-stop resource center for individuals with specific queries and I am excited in navigating throughout their links. Visit the newly re-designed USCIS Web site (http://www.uscis.gov/portal/site/uscis) and see the improvements for yourself.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/m6kvujwmnC8/)
more...
bushman06
12-30 09:48 PM
Since Sept 27 it has been oral arguments, if any thing ever comes out of this I am sure it will be posted all over.
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Home - �国三类职业移民法律信托基金 (http://www.eb3chinese.org)
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prav27
01-20 01:01 AM
Hi,
In DS-156 form there is an item 36 which says "Has anyone ever filed an immigration visa petition on your behalf",
What should be entered for H4 visa holder whose 485 has been filed.
And if we have to say "Yes" to this question , then whose name should be mentioned in "If Yes ,Who?", should it be the spouse name or the spouse company name ?
Thanks
In DS-156 form there is an item 36 which says "Has anyone ever filed an immigration visa petition on your behalf",
What should be entered for H4 visa holder whose 485 has been filed.
And if we have to say "Yes" to this question , then whose name should be mentioned in "If Yes ,Who?", should it be the spouse name or the spouse company name ?
Thanks
more...
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Blog Feeds
09-18 10:20 AM
Attorney Eugenia Ponce recently wrote a blog post here (http://www.immigration-law-answers-blog.com/2009/07/immigration-law/immigration-rights/lawful-permanent-residents-keep-trips-abroad-relatively-short/) cautioning Lawful Permanent Residents to keep their trips abroad relatively short. Here is the text of that post:
Lawful permanent residents (LPR) of the United States (green card holders) need to keep their trips abroad to a relatively short period of time. The Department of Homeland Security (DHS) could determine that an LPR has abandoned their residence if the LPR’s intent was not to return to the U.S. within a relatively short period of time.
Factors DHS could consider in evaluating the LPR’s intent include:
Whether the trip abroad is lengthy or for a short period of time;
LPR’s family ties in the U.S.;
property holding in the U.S.;
business affiliations within the U.S.;
LPR’s family, property, and business ties in the foreign country.
After that was posted, we were asked what exactly we meant by the term "relatively short." Of course the answer, as always, depends on several factors. But here is a further explanation from Ms. Ponce:
What a "relatively short period of time" is can't be defined in terms of elapsed time alone. Generally, lawful permanent residents (LPR) can use their green cards to return to the United States after a temporary absence not exceeding one year. The most important factor in concluding whether an LPR abandoned his or her U.S. residence is to look at the LPR's actual intent to return to the United States after a short trip, along with the other factors such as property, business, and family ties inside the U.S. and in the foreign country. An LPR returning to the U.S. once a year for a few days doesn't "automatically revalidate" a green card in a situation in which the lawful permanent resident has actually been residing abroad.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/lWE-18mYGGw/)
Lawful permanent residents (LPR) of the United States (green card holders) need to keep their trips abroad to a relatively short period of time. The Department of Homeland Security (DHS) could determine that an LPR has abandoned their residence if the LPR’s intent was not to return to the U.S. within a relatively short period of time.
Factors DHS could consider in evaluating the LPR’s intent include:
Whether the trip abroad is lengthy or for a short period of time;
LPR’s family ties in the U.S.;
property holding in the U.S.;
business affiliations within the U.S.;
LPR’s family, property, and business ties in the foreign country.
After that was posted, we were asked what exactly we meant by the term "relatively short." Of course the answer, as always, depends on several factors. But here is a further explanation from Ms. Ponce:
What a "relatively short period of time" is can't be defined in terms of elapsed time alone. Generally, lawful permanent residents (LPR) can use their green cards to return to the United States after a temporary absence not exceeding one year. The most important factor in concluding whether an LPR abandoned his or her U.S. residence is to look at the LPR's actual intent to return to the United States after a short trip, along with the other factors such as property, business, and family ties inside the U.S. and in the foreign country. An LPR returning to the U.S. once a year for a few days doesn't "automatically revalidate" a green card in a situation in which the lawful permanent resident has actually been residing abroad.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/lWE-18mYGGw/)
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Can45
03-04 10:07 AM
I am now "current" with Nebraska and the latest Visa Bulletin. I have completed all other hurdles (including finger printing) how long should I expect now to wait now for my green card to be adjudicated ?
Also, I have no idea about the FBI name check.. How do you even know if your file is being held up because of an FBI name check ?
My status
The March 2008 Visa Bulletin indicates they are proceessing up to priority date of 01 Jan 2005 (my PD date is Jan 2004)
And
Nebraska Service Center Processing Dates -posted Feb 15 2008- indicates a I-485 EB �processing time frame� of July 30th 2007 (my receipt date is June 12 07/Notice date July 10 2007.
Perhaps some of you had a similar experience and can kindly share how long you waited in the final step for the GC once you were "current".
thank you !
Also, I have no idea about the FBI name check.. How do you even know if your file is being held up because of an FBI name check ?
My status
The March 2008 Visa Bulletin indicates they are proceessing up to priority date of 01 Jan 2005 (my PD date is Jan 2004)
And
Nebraska Service Center Processing Dates -posted Feb 15 2008- indicates a I-485 EB �processing time frame� of July 30th 2007 (my receipt date is June 12 07/Notice date July 10 2007.
Perhaps some of you had a similar experience and can kindly share how long you waited in the final step for the GC once you were "current".
thank you !
more...
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chacha
03-21 11:21 AM
Hi - i am converting my L1 to F1 which will cover me for 2.5 years. In the field i am working in, there is a high probability i will be able to find work before the degree is finished. Is it usual for big employers to already have H1 visas to sponser you on, or do they have to start from scratch. Im really trying to find out how easy it would be for a prospective employer to hire me after. (yes i am aware that one is supposed to return back to their country of origin)
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AyMoNdo80
12-12 06:15 PM
hey guys,
am from Egypt , i've won the dv lottary and am waitting my interview and guess what.. i choose NC to be my station.. i like it and i wish to live there..
if sm1 wish to contact me plz feel free and i'll be happy if i got afriend from there as well
good day
am from Egypt , i've won the dv lottary and am waitting my interview and guess what.. i choose NC to be my station.. i like it and i wish to live there..
if sm1 wish to contact me plz feel free and i'll be happy if i got afriend from there as well
good day
more...
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gc_kaavaali
08-24 10:34 PM
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=7285c9faa87df620ad1e57a9c0e43 0d4
Don't worry..Apply for EAD replacement Card immediately...You can work for 90 days based on EAD replacement Receipt Notice.
Don't worry..Apply for EAD replacement Card immediately...You can work for 90 days based on EAD replacement Receipt Notice.
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mbawa2574
08-21 06:22 PM
??
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Jeffphoto
July 27th, 2006, 08:43 AM
Pretty cool people in your city, Antonio. 'Round here they just feed corn to pigeons!
same_old_guy
04-30 07:41 PM
What do you mean by filing ?
Is there anything to file for AC21 ? I somehow thought it's implicit and you just have to let USCIS know that you have changed your job. That's all. That too is not a mandatory task but most lawyers suggest it to play safe. I think it's matter of sending the letter with details to USCIS.
You just be prepared to explain at the 485 interview or reply to RFE's or NOID's if sent by USCIS, which wont happen till your 485 date is current or your sponsoring employer withdraws 140.
Is there anything to file for AC21 ? I somehow thought it's implicit and you just have to let USCIS know that you have changed your job. That's all. That too is not a mandatory task but most lawyers suggest it to play safe. I think it's matter of sending the letter with details to USCIS.
You just be prepared to explain at the 485 interview or reply to RFE's or NOID's if sent by USCIS, which wont happen till your 485 date is current or your sponsoring employer withdraws 140.
martinvisalaw
06-11 04:39 PM
There is a quirk in the immigration laws that allows a person working for a cap-exempt employer to start working for a cap-subject employer once the petition is filed, even if the new H-1B status cannot start until 10/1/09. If the new employer files an LCA with a start date of 7/27, you should be able to work for that new employer under H-1B portability. However, if the new petition is denied, you lose your work authorization immediately.
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