dpp
07-27 03:02 PM
I-485, 765 and 131 forms are for the applicant who wants to adjust status/ work/travel. So, applicant signature is required. Even though you fill G28, that is for authorizing the attorney in preparing and submitting the forms.
I think no one otherthan the actual applicant can sign the forms. If attorney represent you, then he will sign in his part, thats it. But you need to sign your part anyway.
Please ask your attorney why he did like that.
Yeah, he did, but no form is signed by me. Moreover I have not given any authorization form.
Is it OK.
Please confirm.
Thanks for the earlier reply.
I think no one otherthan the actual applicant can sign the forms. If attorney represent you, then he will sign in his part, thats it. But you need to sign your part anyway.
Please ask your attorney why he did like that.
Yeah, he did, but no form is signed by me. Moreover I have not given any authorization form.
Is it OK.
Please confirm.
Thanks for the earlier reply.
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gchopes
08-04 04:04 PM
my2cents - Agreed and Understood. But what if you are not on H1/H4 and just on EAD/AP aka AOS status. In that case you cannot mail the second AP and return on that. You need to return on the first AP.
Not True
All dual intention like H1b/H4 are treated differently. For those AOS applicants where they also have H1b/H4 status ( Not necessarily VISA stamped) ..they need to be here when filed and if they leave after filing then neither I-485 or I-131 will get cancelled.
After approval, you can mail them.
I have known 2 person whose spouses came without problem.
Now , If you are F1 or B1 pure non immigrant VISA and you leave without it being approved then you are in problem.
Not True
All dual intention like H1b/H4 are treated differently. For those AOS applicants where they also have H1b/H4 status ( Not necessarily VISA stamped) ..they need to be here when filed and if they leave after filing then neither I-485 or I-131 will get cancelled.
After approval, you can mail them.
I have known 2 person whose spouses came without problem.
Now , If you are F1 or B1 pure non immigrant VISA and you leave without it being approved then you are in problem.
sangeethak31
07-13 11:44 PM
Cool..Thanks for all the responses.
I was just preparing for the wrost case scenario. So thought to get the experience letter of my prior H1B. But right now, I am unable to get hold of any superivisor or co-worker. So is there any other option to get the experience letter.
Thanks,
Sangeetha K
I was just preparing for the wrost case scenario. So thought to get the experience letter of my prior H1B. But right now, I am unable to get hold of any superivisor or co-worker. So is there any other option to get the experience letter.
Thanks,
Sangeetha K
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kondur_007
09-22 09:58 AM
I have a pending I-485 application (EB-3) and effective Oct 1, my PD will be current. My application has been pending for more than six months already so I will be covered by AC21. I never worked for my sponsoring employer but will be as soon as I get my GC.
I have a feeling that my green card is just around the corner. Spoke to my employer yesterday about my employment with them and it looks like they are changing their minds about hiring me.
I am so worried. Anybody in the same situation? What do I do? Will I lose the green card?
Well, you have two options:
1. Use AC 21 (I am assuming your 140 is approved and 485 is filed more than 6 months ago) and move to another employer BEFORE the approval of GC. With this option, neither you nor your employer would have any obligation for the job after GC approval. Your AC 21 employer is now the "new permanent job" for you after GC approval.
2. If you have good terms with the employer, ask them to hire you for at least 1-2 months after GC approval and then "fire" you. This way you would be safe. (it was not your fault but the employer fired you). Also if the employer does not pay salary mentioned in LC, you can leave them giving that reason (save the pay stubs for evidence later on, if asked for).
3. If your employer simply do not offer you a job after the approval of GC, it still would not be yoru fault. In this scenario, likelyhood is that, you will be safe. However, this technically would be a sort of misrepresentation by the employer and on that grould USCIS can revoke your GC saying that "employer falsified the initial job offer and there was really no job ever for the position mentioned on LC". While this is a possibility it is a remote possibility.
I would suggest option 1,2 and 3 in that order as "desirability" of your situation.
Again I am not a lawyer, but this is what I can suggest as far as I know.
Good Luck.
I have a feeling that my green card is just around the corner. Spoke to my employer yesterday about my employment with them and it looks like they are changing their minds about hiring me.
I am so worried. Anybody in the same situation? What do I do? Will I lose the green card?
Well, you have two options:
1. Use AC 21 (I am assuming your 140 is approved and 485 is filed more than 6 months ago) and move to another employer BEFORE the approval of GC. With this option, neither you nor your employer would have any obligation for the job after GC approval. Your AC 21 employer is now the "new permanent job" for you after GC approval.
2. If you have good terms with the employer, ask them to hire you for at least 1-2 months after GC approval and then "fire" you. This way you would be safe. (it was not your fault but the employer fired you). Also if the employer does not pay salary mentioned in LC, you can leave them giving that reason (save the pay stubs for evidence later on, if asked for).
3. If your employer simply do not offer you a job after the approval of GC, it still would not be yoru fault. In this scenario, likelyhood is that, you will be safe. However, this technically would be a sort of misrepresentation by the employer and on that grould USCIS can revoke your GC saying that "employer falsified the initial job offer and there was really no job ever for the position mentioned on LC". While this is a possibility it is a remote possibility.
I would suggest option 1,2 and 3 in that order as "desirability" of your situation.
Again I am not a lawyer, but this is what I can suggest as far as I know.
Good Luck.
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coopheal
03-06 05:13 PM
My filing date is July 2nd and notice date is Aug 27th.
Ann Ruben
04-23 10:48 AM
If you are subject to the two-year home residence requirement, you cannot be granted H-1 status until a 212(e) waiver is granted. However, your employer can file an H-1 petition for you now. Once the petition is approved, AND the waiver is granted, you can either file with USCIS for a change of status, or you can apply for an H-1 visa abroad.
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gcganapati
08-16 12:29 PM
PA dmv sucks..dont worry ...try next day or evening in the same time form diffrent officer...they are some time stupid and they don't know what they are talking..
Take all necessary documents try more times..some officers gives some dont..becuase some of my friend has same issue..they got it...from diffrent officers...dont worry
Take all necessary documents try more times..some officers gives some dont..becuase some of my friend has same issue..they got it...from diffrent officers...dont worry
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Templarian
11-25 04:12 PM
@TheCanadian, glos is a cunning one. :look:
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:lol: :fab:
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485Mbe4001
05-19 01:07 AM
honest opinion, talk to a good lawyer about this. your case is unique so dont depend comments from us. Companies have always used the carrot and stick aproach, with GCs, its just our luck that we roll the dice with this process and how we are exploited. You can stand your ground and negotiate with your firm, to a certain extent they need you too. Your I-40 is owned by the company, so they are the ones sponsoring you. Besides your current lawyers will probably have all your papers and approvals. Our lawyer did not even give us the I 140 number as we did not file it. I guess you might need all the 140 papers when you file for 485
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suresh_la
12-01 04:31 PM
Hi Gurus
Here is my senario
I am in my 6th year of H1 which expires in Aug 2007.
I have my Labor (PERM) and I140 aprroved from my current employer.
I would like to tranfer my H1 to different employer .
can we apply for tranfer and 3 year extension of h1 to new employer with approved current labor(PERM) and 140(approved)
or should I need to tranfer my h1 forst and wait till FEB 2007 to apply my extension with approved labor(PERM) and 140 (approved ) from my current employer.
I really need your advise on this issue.
please help on this gurus.
Thanks
Here is my senario
I am in my 6th year of H1 which expires in Aug 2007.
I have my Labor (PERM) and I140 aprroved from my current employer.
I would like to tranfer my H1 to different employer .
can we apply for tranfer and 3 year extension of h1 to new employer with approved current labor(PERM) and 140(approved)
or should I need to tranfer my h1 forst and wait till FEB 2007 to apply my extension with approved labor(PERM) and 140 (approved ) from my current employer.
I really need your advise on this issue.
please help on this gurus.
Thanks
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dngoyal
07-27 04:31 PM
this is the correct information. Applicant signature is not necessary if you have an attorney representation form. I have verified this with two different attorneys and also my HR guy, who suprisingly is very knowledgeable in GC process.
In my own case I have sent an email to the attorney authorizing them to sign on my behalf. The firm has confirmed that it is sufficient. I just off the phone with them too. 3 attorney - SAME ANSWER.
do they have to attach copy of email with the application?
In my case my application was filed on 2nd July but my attorney asked me to send the email on 3rd July just for records.
In my own case I have sent an email to the attorney authorizing them to sign on my behalf. The firm has confirmed that it is sufficient. I just off the phone with them too. 3 attorney - SAME ANSWER.
do they have to attach copy of email with the application?
In my case my application was filed on 2nd July but my attorney asked me to send the email on 3rd July just for records.
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anil
06-15 10:28 AM
Gurus,
One more confusion, guess I'm confused a lot now:confused:
Can I apply I-485 for my wife whose change of status application from H1 to H4 is pending with CIS?
Thanks a lot!
One more confusion, guess I'm confused a lot now:confused:
Can I apply I-485 for my wife whose change of status application from H1 to H4 is pending with CIS?
Thanks a lot!
more...
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frostrated
10-26 10:58 AM
i think they are going to do it every quarter. i am thinking that the results in the aug 2009 file were third quarter FY 2009 data. so i am thinking that the data as of sept 2009 will be out in Nov. any other predictions?
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ameryki
02-29 01:50 PM
Receipts usually sends to Attorney, who represent your case, if you signed G-28 form. You only get Notice for FP, Original EAD, AP. So don't worry abt the receipt. It should be with your attroney.
What if the lawyer does not have the receipt notice either? Will I need a copy of the receipt notice or original when applying for EAD/ AP renewal? or can I use any other supporting documents?
What if the lawyer does not have the receipt notice either? Will I need a copy of the receipt notice or original when applying for EAD/ AP renewal? or can I use any other supporting documents?
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Juan28210
11-06 11:48 AM
Thanks FinalGC!
Yes, I have that paid health benefits clause in my contract that I would use as counter-attack to my employer if they ever get back to me.
Yes, I have that paid health benefits clause in my contract that I would use as counter-attack to my employer if they ever get back to me.
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vinzak
01-07 12:02 PM
Just wanted to bump this post in case people missed it. I'm surprised it didn't receive more attention.
We've been looking to a piecemeal bill that addresses EB concerns, and this one seems to be just what we asked for. The text of the bill is not out yet. But DV gives out 50k visas every year, and if those are redirected to EB, we'd be golden. And since they are already talking about EB, if we can somehow manage to inject recapture into this bill, I think it would bve a real chance to wipe out the EB backlog completely.
What u think guys?
We've been looking to a piecemeal bill that addresses EB concerns, and this one seems to be just what we asked for. The text of the bill is not out yet. But DV gives out 50k visas every year, and if those are redirected to EB, we'd be golden. And since they are already talking about EB, if we can somehow manage to inject recapture into this bill, I think it would bve a real chance to wipe out the EB backlog completely.
What u think guys?
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IneedAllGreen
12-21 11:27 AM
Here is the chance to to show what are we doing at this forum at University of Wisconsin-Milwaukee. Core members and expert from Midwest and Milwaukee area can enroll to attend this conference on immigration. Below is the information i am copying from UWM wesite. For further information you can click link written in below infromation.
CfP, "Immigration: Many Faces; Many Facets"
(Campus)
Apr. 26-27, 2007
Immigration, a salient public policy and humanitarian concern across the nation, will be the subject of the IRE's conference to be held at UW-Milwaukee's School of Continuing Education, 161 W. Wisconsin Ave., 7th Floor, in downtown Milwaukee.
Currently, the IRE is soliciting conference proposals from prospective submitters. We encourage presentations, either by individuals or groups/panels, from faculty, academic staff, community leaders
and activists, government officials and policymakers, etc.
Please go o to our website, www.uwm.edu/Dept/IRE, and follow the link to the actual Call for Conference Proposals. Here you will find a list of possible topics and themes, and well as the submission format. The due date to submit a conference proposal is December 22, 2006. We will contact you with a response by January 19, 2007.
More information...
Contact: Tom Tonnesen
tonnesen@uwm.edu
(414) 229-4700
Thanks
IneedAllGreen
CfP, "Immigration: Many Faces; Many Facets"
(Campus)
Apr. 26-27, 2007
Immigration, a salient public policy and humanitarian concern across the nation, will be the subject of the IRE's conference to be held at UW-Milwaukee's School of Continuing Education, 161 W. Wisconsin Ave., 7th Floor, in downtown Milwaukee.
Currently, the IRE is soliciting conference proposals from prospective submitters. We encourage presentations, either by individuals or groups/panels, from faculty, academic staff, community leaders
and activists, government officials and policymakers, etc.
Please go o to our website, www.uwm.edu/Dept/IRE, and follow the link to the actual Call for Conference Proposals. Here you will find a list of possible topics and themes, and well as the submission format. The due date to submit a conference proposal is December 22, 2006. We will contact you with a response by January 19, 2007.
More information...
Contact: Tom Tonnesen
tonnesen@uwm.edu
(414) 229-4700
Thanks
IneedAllGreen
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ajju
02-27 02:48 PM
I have the file numbers etc since I got finger print notice last year so am set up online to track the applications. But just haven't see the receipt notices come through. Should I be concerned?
If your lawyer filed on your behalf.. the receipts might've just went to him... Check with your lawyer...
If your lawyer filed on your behalf.. the receipts might've just went to him... Check with your lawyer...
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vvicky72
09-09 06:11 PM
I don't suppose mentioning a desi consultant exploiting a desi employee on H-1B would come to you as a complete surprise. Would it? Like many other Indians, I too came to US as a master's student. The study was great, but what followed was horrible. With jobs hard to find almost all of my friends had to suffer at the hands of desi consultants. Some wouldn't pay on time, some wouldn't pay at all, some wouldn't give vacations and some where just a**ho*es. Worst part? After 6 years, the situation hasn't changed a bit. These consultants still continue to exploit desis in the name of H1B. I hope one day they realize that there are other honest ways of making money, than harassing your own countrymen.
cdeneo
04-02 10:12 PM
Related question:
You get on the EAD track and take up a contract offer. Now as I understand it, AC21 will not apply to the contract offer and the contracting employer will not give a letter stating to continue the GC process since you are on contract. If the original sponsoring employer revokes the I-140 petition (I-140 approved and 180 days have passed post 485 submission), this would basically cause a NOID and the only way to not have the 485 filing denied would be to reply to the NOID with information of a full time offer in a same or similar job and the new employer willing to continue the GC process - is this accurate?
Again, this is merely assuming that I-140 is revoked by the employer who had started the GC process once the employee leaves and takes up another job on contract using EAD. This would mean that there is risk in this scenario (where the I-140 petition is revoked) to take up employment on contract.
Would like to hear from others of what they think about this?
The deal is: GC application is for a future job offer. That means, the company that files for your GC tells the USCIS that they will employ you in the xyz position once you get the green card.
According to the law, you are not required to have worked for that employer at all. Therefore, yes, you can get an employment letter from any employer (180 days after filing I-485), as long as the offer is bonafide, the job is full time & permanent, and the job duties & occupation is similar to the one mentioned in your labor certification.
Technically, you can work for a company like TekSystems on EAD, and when time comes, provide USCIS with a bonafide employment letter from any company that wants to hire you when you get the GC.
Now, some people have raised concerns over the question of "intent". How do you reinforce the fact that you indeed intend to join the new employer when you get the GC? For this reason, when people switch jobs using AC21, they generally go to work for a company that will give them the employement letter.
Ofcourse, the above discussion is in light of what we know today. The USCIS is working on modifying some of the provisions, so things may change a bit in the near future.
Ams
You get on the EAD track and take up a contract offer. Now as I understand it, AC21 will not apply to the contract offer and the contracting employer will not give a letter stating to continue the GC process since you are on contract. If the original sponsoring employer revokes the I-140 petition (I-140 approved and 180 days have passed post 485 submission), this would basically cause a NOID and the only way to not have the 485 filing denied would be to reply to the NOID with information of a full time offer in a same or similar job and the new employer willing to continue the GC process - is this accurate?
Again, this is merely assuming that I-140 is revoked by the employer who had started the GC process once the employee leaves and takes up another job on contract using EAD. This would mean that there is risk in this scenario (where the I-140 petition is revoked) to take up employment on contract.
Would like to hear from others of what they think about this?
The deal is: GC application is for a future job offer. That means, the company that files for your GC tells the USCIS that they will employ you in the xyz position once you get the green card.
According to the law, you are not required to have worked for that employer at all. Therefore, yes, you can get an employment letter from any employer (180 days after filing I-485), as long as the offer is bonafide, the job is full time & permanent, and the job duties & occupation is similar to the one mentioned in your labor certification.
Technically, you can work for a company like TekSystems on EAD, and when time comes, provide USCIS with a bonafide employment letter from any company that wants to hire you when you get the GC.
Now, some people have raised concerns over the question of "intent". How do you reinforce the fact that you indeed intend to join the new employer when you get the GC? For this reason, when people switch jobs using AC21, they generally go to work for a company that will give them the employement letter.
Ofcourse, the above discussion is in light of what we know today. The USCIS is working on modifying some of the provisions, so things may change a bit in the near future.
Ams
sparky_jones
10-05 10:49 AM
Never knew that spouse had to be included in the I-140 stage... Is this a new rule?
No, this is basically the left arm of the government not knowing how the right arm does its business.
No, this is basically the left arm of the government not knowing how the right arm does its business.
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