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Isn't EAD for unrestricted employment as long as your primary job is similar to what was in the labor application?

What if the one's priority date becomes current and USCIS asks for proof of employment? Wouldn't the application be denied?


Hello,

My 2-cents:

1. Your EAD is for unrestricted employment till the AOS is resolved (so, it is not tied to your labor petition)

2. Your AP is a travel document to allow you to travel while AOS is pending (again, not tied to employment)

As such, for all legal purposes, you should be able to pursue education full time. However, any IO at entry post has authority to ask you questions beyond what is legally required, which many a times, includes 'are you still employed with the petitioner'.

This is the tricky part... if the IO has good knowledge of the laws, he would let you in 'cause your petition is for the future job, but a wrong IO can twist and turn the laws to suit his/her point of view and land you in unnecessary trouble.

However, in 99% of the cases, the trouble may mean a few more anxious hours at the port of entry and nothing more. Hope you are able to pursue your education, all the best! :)

I too received an email couple of days back that my 140 which was approved in Dec 05 has been transfered from VSC to TSC. Wonder whats going on :confused:

Mishras,

If your case is genuinely true then you should not have a issue scanning the RFE as is and posting it . You can take out your name and personal info but leave everything else intact if you want to. Also did you contact IV members like Pappu if you really need help. If you indeed got this kind of RFE then you should not hesitate to contact them.

Hi,

I recieved my green card last month through Consular Processing and now getting a good offer. Is it OK to join another company just after 1 month of green card or I should wait for some more time. NEED SUGGESTIONS from experts:D

If you have good relations with your employer ask them to terminate your employment. That way at the time of your naturalization/citizenship you will have an alibi for "as to why you changed employment" with in 6 months.

This way you can prove that you had the intent to work for sponsoring employer but things didn't go well with the employer himself.

Thanks,
Krishna

anyone?

They did not ask for old pay stubs. Interview was in Feb 08 so asked for 07 pay stub but not for 06 05 or 04.

About job responsibility.......I actually started stating what my current job responsibility is.........for real what is on LC is a subset of what I was describing so my guess is that the officer must have concluded that it matches to LC (she was looking at the document which had LC job responsibilities) and she moved to next question. If it did not match or there was some fumbling in answering the question she might have grilled me....:)

I am planning to apply for both Canadian Permanent Residency and US green card next month. Assuming that I get my Canadian Permanent Residency and US Greencard after two years, what options do I have to maintain the permanent resident status in both countries, so that I am eligible to apply for citizenship in both countries.

Some say that showing proof of residence in both countries, commuting between the countries for work (Windsor-Canada and Detroit-US) and paying taxes in both countries would suffice.

Please guide me on this.

How can you ride on 2 horses?:)
Canada needs 3yr PR for citizenship while US needs 5. I feel it wil be issue while border crossing. US is very strict and they may take GC away.Take canadian citizenship first and then apply here. Thay way you can have both.

Guys,

I found this site where in we can send letters to our senate members or house representatives regarding the issues we face.

http://capwiz.com/aila2/issues/alert/?alertid=9589591

Letter content pre-exists if needed you can change.

Let's inundate senate & other members with what we are facing..

-IV2007
EB2 Labor Pending

But, its main focus is on increasing H1B visa numbers ... should we involve ourselves into that?

Hi All,
I have come to this forum to ask for some advise because this is one of the forums where lot of the visitors are engineers, and most of them work in computers related fields.
I have a stable job( non-engineering) and I am making a decent salary(more than 200K/year) right now but I just hate my job.I desperatly want to change my field.
I am hoping to get my green card next year( PD 06/2004 NSC EB 2 India).I need your advise on how to get into computer/software/IT field.
I do not have an engineering background but am willing to go back to school. I would like to start working on this transition while I wait for my GC.

My questions are -
1- Is there a shortcut of getting into any computer/software or related field ?training,short courses, anything!
Absolutely, just have some experience with a Komputer software, they call Microsoft Outlook. Its actually a suite of products, Office, word and excel. It can get little tough initially, but as you know fruits will be bitter, when you get trained in such a tough course. Set aside 1-2 months in a week, for this.
2- If I have to go back to school what major will I need to take? Any specific requirements?
I'd not waste time for school. See 1. A simple course is sufficient.
3-I have a bachelors but not in engineering- can I go straight for a MS in computer science or will I have to do a bachelors in Computers first.

See 1. Dont spend anytime in MS or PhDs.

4-How's the current job market and and also if you have any idea/view about future job scenario?
Current job market is booming. You may have seen job losses in other fields, but in IT, its not the case. I was making $125K 3 months back and now I am switching jobs as I have 5 offers, offering me more than 200K. My employer is begging me to stay.
5-Have any of you made/seen such a transition at my stage?- I am 35, married with working spouse.
Absolutely, 50% in this forum are same like you. Me too.
6-Also if somebody can give an idea about salaries in computer related fields?
Point 4 answers.

Have a good day guys and thank you in advance for your views.

Hope this helps too. I fully agree with Lord.
So how long have you been in the US.

I was on L1 got h1b and started working for h1b employer in Oct 2007. meanwhile my wife and kid traveled to India and in Chennai consulate got 221g for latest salary slips in April 2008. in 2 weeks they got h4 stamped. after one year I traveled to India in July 2009 and got h1b stamped.

Reposting this I-485 Standard Operating Procedure (SOP) link again. This gives us a clue of what is checked when the packet is opened in the mail room and then further down with the AO.

http://www.imminfo.com/resources/cissop.html

Short pass plays
WEST COAST OFFENSE OVERVIEW (http://www.westcoastoffense.com/overview.htm)

Obama needs to stop Congress from doing the big comprehensive things and focus them on smaller and faster laws that help americans.

The current healthcare, climate change, immigration reform should be broken up in dozens of smaller bills. They will either pass or he can paint the republicans as siding with the Insurance companies to block access to healthcare for people with pre-existing conditions for example.

There are lots of parts in Healthcare, Energy, CIS, etc, that can pass right now and he should take a lead on that. Otherwise the base that voted for him in 2008 is not going to turn up in 2010.

- JZ

Rightly said all "Comprehensive" are a recipe for failures.

Hi,

Thanks for all the questions.

I will answer as much as possible without causing any damage to ongoing efforts. Please keep
in mind that not everything can be disclosed on public forums.

1. Funds:

We have about 30,000 collected so far. Major expense of running this organization is the fees for our lobbying firm QGA. Minor expenses include administrative costs such as website registration(one time), Organization registration in New Jersey(one time) etc. Other than that, we also have some advertising expenses as we put up ads on some popular websites. Sometimes we have to hire lawyers for certain org activities but those are minor expenses again. We are also paying for the webfax feature but not sure how much. Please dont suggest the free versions of webfax because they dont work and they DID NOT WORK during S 1932.

Please keep in mind that we are avoiding expenses as much as we can that results from members travelling to DC and so far all those expenses have been out of pocket.

QGA is currently working for us right now and we do not have to wait until we have 200K in the bank for QGA to start working.

The board members of IV(Board of directors) would decide if all the financial information could be made public to members on website for accountability reasons and transparency reasons without damaging anything else.

2. Labor backlogs:

Labor backlog problem is an administrative problem, not a legislative problem. There is nothing that is stopping the BECs from doing their job more efficiently as there is no quota restriction mandated by law on labors approved each year. That is the reason it is under "Administrative Goals". Would any law help improve labor backlogs? No. can we still involve congress in it? Yes. It is the intention of IV to draw the attention of lawmakers to the horrible job BECs have done so far as it is the constitutional right and privilege of congress to overlook and oversee the job of the executive.

However, if a backlog victims asks: How much of money/effort is going towards backlog and how much is going towards retrogression? I dont think anyone can answer that question. To be frank with you, this is not like cable TV where you pay $35 for basic cable and then you pay $7 for HBO and $7 more for cinemax etc. IF you think you do not want to contribute money no matter what...here is another choice: Use the resources tab to contact your local congressmen, write letters, send webfaxes etc. Use endorsement of Richard Florida. Prepare a glossy set of documents and drive to your local congressman's office(after appointment ofcourse) and talk to their staff. YOU HAVE THE POWER. ITS IN YOUR HANDS. Immigration voice is not a company providing a service to EB immigrants, its made up of EB immigrants who are serving themselves. See the "TEAM IV" menu on homepage.

[B]3. Sharp drop in contributions:

Yes, there has been a drop in contributions since one week. Part of the reason is that we have 30K which many members may feel is still in the bank. But please understand that we are using those funds and we will run out of them eventually and we would like to keep this effort ongoing until we meet our goals. Quite frankly if the current slowness of funds continue, we cannot last very long.

4. Contacting the lawmakers on your own:

Use all the links under resources tab to learn how to meet your lawmakers. Like I've said before, you owe it to yourself, not to immigration voice to work on this cause. Best case scenario of doing something: We make a difference. Worst case scenario: Nothing happens besides a polite reply from lawmakers' staff.

Great fact sheet. It should list people like Andy Grove, Jerry Yang, and Sergey Brin - Hungarian, Chinese and Russian co-founders of Intel, Yahoo and Google - all immigrants.

Morpheus,

Thanks for your interest. We did consider all three of them but when we did more research, we found that all three of them did not get their Green Card on EB category. They had come here because their parents had come here.

qvadis, Thanks for pointing out Andy Bechtolsheim and Safi Qureshey.

Question for Foks asking for a separate bill : I understand from Admins answer above , this may not be possible now.

My question is , separting this from CIR will QUICKEN the proceedings with respect to our issues?

Question for Admin : Was this poll started by IV?

BTW I have voted in favor of a separate bill assuming it will quicken things. Thanks.


This poll was started by one our forum members and not by the organizing committee.

Repeating my answer, no Senator is even willing to talk to us regarding an alternate bill till the fate of CIR is sealed.

Look at the necessary steps to pass a bill. We need to convince a senator, have the bill analyzed and discussed in the Senate Judiciary Committe, discussed and amended in the Senate Floor, passed in the Senate, convince a bunch of House Reps, get it introduced in the House, discussed in the House Judiciary Committee, discussed in the House, passed in the house. Only after all these steps will it be at the current stage as CIR.

So which Senator do you think will be willing to do all of this and then find that CIR with most of the provisions has already been passed.

I was wondering what one would see in the online case status if an RFE/NOID is issued. Anyone has any text that would appear on the Case status application?

My PD is June 04 and the online status for my LC shows CERTIFIED since last week. Attorneys say they need DOL to send them the approved LC ... some document, which would be needed to file I-140 and I-485. Any idea how much time it takes for DOL to send the above said document back to the applicant or representative?

In that case, have your paper work ready such as medical tests, birth certs & related.

-C.

If you do h1 transfer then the advantage is incase your 485 application gets denied for any reason you will still be in legal status ,where as in case you use EAD and any 485 denial you will be out of status immediately.

Hello all,

It appears that my green card is lost in mail.
My spouse received her 10 days back. Our 485 was approved on same day, so I think mine must be lost.

I will wait for another couple of days for it to appear. Meanwhile I had few questions
1. What is the process to getting a duplicate?
2. If I just get GC stamped on my passport, will I be able to transit from Paris or London airport?

Many congratulations. I will appreciate if you can share your experience in detail.
1)The documents you carried along with you.
2)Hotel where you stayed
3)Did you have the tourist visa for mexico?
4)Did you get H1B for 3 years or less?
5)Questions VO asked.

Thanks.
1> just carried the usual documents required, job letter, tax returns, I-129, LCA, Paystubs etc. I also carried whatever documentation I could find for my previous employers like experience letter, last few paystubs etc. Also original of degrees/transcripts.

2> I stayed at Hotel Real Del Rio which is less than a minute walk from the consulate. It's right behind the consulate infact. Very nice hotel; courteous staff. Recommended you do booking through expedia ($70), although expedia will not charge your credit card but you can carry the printout which will get you that rate. If you book directly with the hotel, the rate's much higher (close to $100)

3> YEs, I got the tourist visa for mexico. Although nobody checked it anywhere, but I believe entering any country without valid visa/paperwork is illegal. Getting a mexican visa was very easy. You just go to the consulate/embassy, tell them you want to go to the US consulate in Tijuana for H-1b stamping. They issue you within the hour stamped. Cost about $36. Just get your H-1b petition with you for proof, and the appointment confirmation.

4> The validity of H-1b depends on the validity of the petition I-797. Whatever period you have that for, will be stamped.

5> He just asked me for job letter, asked me if I've applied for GC (I have), asked me that don't I have to work with them for a certain time (to which I replied I did and after I was eligible I changed employers using AC-21). He just read the job duties in my H-1B petition (most likely to check for any TAL related stuff). He remarked that inspite of my experience, my close-to-six-figure salary is a bit above slavery (to which I replied that I do get other benefits such as 401k, paid time-off, health/medical insurance etc.). He just asked some other questions such as what was my major in masters, how long I've been in US, had I worked in India, if so how long. I replied all of them. It appears he put that in the comments screen on his PC. And then he said he's approving it.

It was basically a bar-like casual conversation I had with him. Within a few seconds of my start of the interview with IO, I knew he'll approve my visa. so it was pretty cool all along the way.

thanks for the reply..this means having a dependent visa is the key at the time of approval..

if the application was approved and the wife was on h4 (but didnot file her i485 yet..) then she could still file for her i485?

yes. if your wife was on H4, as soon as your 485 is approved, her H4 ends. However since your 485 is getting approved, your PD is presumably current meaning she is eligible to immediately file 485, and get to that as a legal status. If she has a dependent visa approved, and has travelled here thats nice, otherwise she has to file a 485 from your home country as a follow-to-join and htat can take some time for her to travel here.

There is no 6 month grace period as such. Its just that upto 6 months of out-of-status is forgiven at 485 approval, and since on your 485 approval your H1 ends and so does her h4, it makes her status-less here. Being in that state upto 6 months is forgiven for 485.

Its most important that you get married before the approval of your 485. Do court-marriage if your PD is current, to be on the safe side, even if the actual ceremony is still a month or two away. When to honeymoon is upto you. Cant let USCIS decide EVERYTHING, can we...