solaris27
08-15 08:58 AM
Q. How soon can I leave my petitioning employer once I get my green card approval?
A. There is no brief answer to this question. Let me explain. The basic premise (or theory) behind permanent residence through offer of employment is that an employee is accepting a job on a "permanent" bases. What does "permanent" mean? Does it mean for ever. Obviously not. That would be unreasonable. But "permanent" also does not mean that you pack your bags the moment you receive your green card. So what is the answer? No one really knows. Each case has to be determined upon its own merits. Normally, I would say working for one year or more with the same employer after getting your GC is PROBABLY enough indication of permanency. Less than 4-5 months is perhaps evidence to the contrary
But REMEMBER, this is just my own guess. Technically speaking, the moment you decide that you will leave after a certain period of time, "permanent" intent is gone. Catch-22 eh? Well that is the way it is.
There may be considerable relaxation in this interpretation because in the year 2001 Congress enacted a law that permits employees to leave an employer even while their I-485 is pending. We do not have the regulations or any detailed guidance on these issues.
FREQUENTLY ASKED QUESTIONS
----------------------------------------------
Q. I did not willingly left the GC sponsor employer but actually after three months I got my GC, i got laid off from the project and due to the bad economy , my employer was not able to get me other project so he gave me letter saying that he wont be able to pay me salary since he doesnt have any project for me.And, after getting that letter I resigned from GC sponsor employer.
This is the whole scenario, now considering it, Am I still at risk?
A. There are no clear rules as we have stated above. But, In my opinion, there is no risk in this scenario. You acted in good faith to continue the job, but your employer could not continue to employ you.
Q. I am employed at the XYZ University (XYZU). I applied for 485 myself (without attorney). My 485 was approved last month and I got my passport stamped in July. My contract with XYZU is coming to an end. My job is renewed every year based on the availability of funding. I have been with XYZU for the last 5 years. There is a possibility that they (XYZU) may not extend the contract because the research grant I got is coming to an end in september.
Will my termination from the job at XYZU affect my Green Card in the future, and is it better to be terminated from service (based on unavailability of funding) by the WVU or is it better to offer my resignation?
A. I think it is better to be terminated. There are no clear rules as we have stated above. But, In my opinion, there is no risk in this scenario. You acted in good faith to continue the job, but your employer could not continue to employ you.
A. There is no brief answer to this question. Let me explain. The basic premise (or theory) behind permanent residence through offer of employment is that an employee is accepting a job on a "permanent" bases. What does "permanent" mean? Does it mean for ever. Obviously not. That would be unreasonable. But "permanent" also does not mean that you pack your bags the moment you receive your green card. So what is the answer? No one really knows. Each case has to be determined upon its own merits. Normally, I would say working for one year or more with the same employer after getting your GC is PROBABLY enough indication of permanency. Less than 4-5 months is perhaps evidence to the contrary
But REMEMBER, this is just my own guess. Technically speaking, the moment you decide that you will leave after a certain period of time, "permanent" intent is gone. Catch-22 eh? Well that is the way it is.
There may be considerable relaxation in this interpretation because in the year 2001 Congress enacted a law that permits employees to leave an employer even while their I-485 is pending. We do not have the regulations or any detailed guidance on these issues.
FREQUENTLY ASKED QUESTIONS
----------------------------------------------
Q. I did not willingly left the GC sponsor employer but actually after three months I got my GC, i got laid off from the project and due to the bad economy , my employer was not able to get me other project so he gave me letter saying that he wont be able to pay me salary since he doesnt have any project for me.And, after getting that letter I resigned from GC sponsor employer.
This is the whole scenario, now considering it, Am I still at risk?
A. There are no clear rules as we have stated above. But, In my opinion, there is no risk in this scenario. You acted in good faith to continue the job, but your employer could not continue to employ you.
Q. I am employed at the XYZ University (XYZU). I applied for 485 myself (without attorney). My 485 was approved last month and I got my passport stamped in July. My contract with XYZU is coming to an end. My job is renewed every year based on the availability of funding. I have been with XYZU for the last 5 years. There is a possibility that they (XYZU) may not extend the contract because the research grant I got is coming to an end in september.
Will my termination from the job at XYZU affect my Green Card in the future, and is it better to be terminated from service (based on unavailability of funding) by the WVU or is it better to offer my resignation?
A. I think it is better to be terminated. There are no clear rules as we have stated above. But, In my opinion, there is no risk in this scenario. You acted in good faith to continue the job, but your employer could not continue to employ you.
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prioritydate
07-28 11:48 PM
Where is the presence of other guys? how many of them responded to "the country of birth" poll? People of other nations doesn't suffer as much as people of India.
raysaikat
01-20 07:47 PM
According to federal law, if you've had coverage for 6 months prior to changing your coverage to the new insurance, they can't refuse to cover pre existing conditions. They may try, I just had to fight this out with CIGNA. They lost. However if you let your coverage lapse, you can get hit with this.
If you are talking about HIPAA, then that generally applies to group plans (offered by your employer), not individual plans that we are talking about in this thread.
If you are talking about HIPAA, then that generally applies to group plans (offered by your employer), not individual plans that we are talking about in this thread.
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roseball
02-25 12:58 PM
I started talking to new employer about my joining and I requested for preparing PERM stuff before I join. This is the only this I want the new employer to do on behalf me before I join with him. The employer said Prevailing Wage determination takes 2 months. And the new employer mentioned that he can not do Prevailing Wage determination without joining. Is this right?
PWD has nothing to do with you joining them. All DOL does in PWD is it assigns a salary range based on the location of the job and the minimum requirements defined for the position. BTW, it is infact taking 2-3 months to get PWD these days.
PWD has nothing to do with you joining them. All DOL does in PWD is it assigns a salary range based on the location of the job and the minimum requirements defined for the position. BTW, it is infact taking 2-3 months to get PWD these days.
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lostinbeta
10-03 01:45 PM
mwwwwwahahahahahhahahhahhhaaaaa :evil:
prolegalimmi
03-02 03:01 PM
You have a lot of suggestions in there let me try and respond:
(1) Yes, we do have the ability to get in touch with our members by email. However, mass emails are a strategy to use when we want to launch a massive drive. We do send out regular newsletters, urging members to take action.
(2) We are working to make our webfax feature more transparent. I like your suggestion about letting people know how easy it is. Will try to get that in.
(3) About a concerted membership drive: I agree and we do have an ad running on Rediff; We are also trying to reach out to large organizations like NetIP.
(4) I think it would be counterproductive to charge a membership fee.
One of the big problems that any voluntary organization faces is that there are usually a lot of people with non-specific ideas and not enough people who will take an idea, come up with an action plan and execute it. We need many, many more volunteers who just take the initiative and execute.
We'd love it if you could help us by coming up with a concrete plan and execution strategy for any one of your suggestions. From idea, to steps to delivery.
I urge all the type-A get-things-done people out there to swing in to action!
best,
Berkeleybee
Berkeleybee,
Appreciate your response, will get the wheels moving from my side and contact you with any strategies I can come up with.
Can you please send me an pm with your email id please.
Thx !
(1) Yes, we do have the ability to get in touch with our members by email. However, mass emails are a strategy to use when we want to launch a massive drive. We do send out regular newsletters, urging members to take action.
(2) We are working to make our webfax feature more transparent. I like your suggestion about letting people know how easy it is. Will try to get that in.
(3) About a concerted membership drive: I agree and we do have an ad running on Rediff; We are also trying to reach out to large organizations like NetIP.
(4) I think it would be counterproductive to charge a membership fee.
One of the big problems that any voluntary organization faces is that there are usually a lot of people with non-specific ideas and not enough people who will take an idea, come up with an action plan and execute it. We need many, many more volunteers who just take the initiative and execute.
We'd love it if you could help us by coming up with a concrete plan and execution strategy for any one of your suggestions. From idea, to steps to delivery.
I urge all the type-A get-things-done people out there to swing in to action!
best,
Berkeleybee
Berkeleybee,
Appreciate your response, will get the wheels moving from my side and contact you with any strategies I can come up with.
Can you please send me an pm with your email id please.
Thx !
more...
andy garcia
03-17 08:18 AM
My I-485 Receipt Notice does not have any PD on it either.
ALl I-485, repeat ALL do not have PD date on it. Only the I-140 approval notices have a date filled in.
ALl I-485, repeat ALL do not have PD date on it. Only the I-140 approval notices have a date filled in.
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mirage
03-06 01:44 PM
I'll urge people from especially from California and Texas send out the letters and call up their lawmakers...Despite the Anti-immigrant climate prevailing in the country, congresswoman Zoe Logfren was able to get her bill passed on wednesday....If we can proove to them that we are not asking new green card numbers and not ask for recapturing green card numbers, they'll certainly hear us, but we need to speak up...
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Alabaman
08-21 02:52 PM
If your calculations are right then this is really really bad.
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bibhudc
08-21 02:40 PM
From http://immigrationvoice.org/index.php?option=com_content&task=view&id=56&Itemid=25
"The annual limit for EB visa numbers is 140,000. This number also includes the dependents of an EB applicant. In addition there is a per-country limit set at 7% of the total."
By these numbers, it looks like there are 7%x140K = 9,800 GC approvals for India in each year. If we factor in 1 dependent for each GC applicant, the number of primary applicants approved is roughly 9,800/2 = 4900 Indians per year. And this supposedly includes the EB1, EB2, EB3 categories. If we divide that equally, it could mean hardly 4900/3 =1633 primary applicants get approved each year in each category !! Is my inferences incorrect ? [someone tell me its better than this]
I don't know how many Indians are waiting for their GCs, but it sure seems like everybody I meet on the street is waiting for his GC .. so, I guess its going to be a long long wait.
[I am an Indian and hence, I took the example of Indians above. I guess the numbers are similar for all other countries. My Labor PD is Jul-2002]
"The annual limit for EB visa numbers is 140,000. This number also includes the dependents of an EB applicant. In addition there is a per-country limit set at 7% of the total."
By these numbers, it looks like there are 7%x140K = 9,800 GC approvals for India in each year. If we factor in 1 dependent for each GC applicant, the number of primary applicants approved is roughly 9,800/2 = 4900 Indians per year. And this supposedly includes the EB1, EB2, EB3 categories. If we divide that equally, it could mean hardly 4900/3 =1633 primary applicants get approved each year in each category !! Is my inferences incorrect ? [someone tell me its better than this]
I don't know how many Indians are waiting for their GCs, but it sure seems like everybody I meet on the street is waiting for his GC .. so, I guess its going to be a long long wait.
[I am an Indian and hence, I took the example of Indians above. I guess the numbers are similar for all other countries. My Labor PD is Jul-2002]
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amoljak
05-03 08:10 AM
nk2006, Thanks for poiting that out. I have stopped thinking beyond I140 :)
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cjain
08-10 04:36 PM
...if you want...i'll post here..
Great find..
Please post all news related info here http://immigrationvoice.org/forum/showthread.php?t=4805&highlight=media
Great find..
Please post all news related info here http://immigrationvoice.org/forum/showthread.php?t=4805&highlight=media
more...
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vali
10-23 11:38 AM
I apologize from the beginning if I�m asking some stupid questions but I�m really confused after I read all those I-140 issues posted on this forum.
I just received today my LC after a long wait in backlog from 04/2001.
1. My lawyer is asking me for $1000.00 premium processing fee and some documents from my employer for this PP for I-140. Is it still available?
2. How long will be until this I-140 gets approved? Anyone who did this lately?
3. I�m filling I-140 together with I-485. It matters, time PP wise?
4. Is there another�next step� towards the GC or just wait for those to be approved?
5. I�m so �squeezed� on my wallet, how much money will be still needed until the GC is in my hand?
I paid so far more then 35G. - The previous �steps� in processing fees and lawyer�s fees.
I would really appreciate some honest answers; I�m seriously thinking to go back to my country if the GC will be too far away.
Thank you guys for your attention and thanks IV for the good work done so far.
:)
I just received today my LC after a long wait in backlog from 04/2001.
1. My lawyer is asking me for $1000.00 premium processing fee and some documents from my employer for this PP for I-140. Is it still available?
2. How long will be until this I-140 gets approved? Anyone who did this lately?
3. I�m filling I-140 together with I-485. It matters, time PP wise?
4. Is there another�next step� towards the GC or just wait for those to be approved?
5. I�m so �squeezed� on my wallet, how much money will be still needed until the GC is in my hand?
I paid so far more then 35G. - The previous �steps� in processing fees and lawyer�s fees.
I would really appreciate some honest answers; I�m seriously thinking to go back to my country if the GC will be too far away.
Thank you guys for your attention and thanks IV for the good work done so far.
:)
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pasupuleti
03-28 01:53 PM
Correct me if I am wrong, yesterday's bill which is passed does not have like this provisions.
Yes! Yesterday's bill does not have these provisions.
Yes! Yesterday's bill does not have these provisions.
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xela
06-08 12:45 PM
Anyone heard anything yet?
Supposedly they take a max of 11 weeks but it worries me that I do not even see any LUDs.
I guess it is a waiting game just like everything else with them.
Supposedly they take a max of 11 weeks but it worries me that I do not even see any LUDs.
I guess it is a waiting game just like everything else with them.
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H1B-GC
08-03 08:36 PM
Looks like they (TSC) are now processing July 3rd onwards. Any July 2nd filler , filled at TSC still waiting. Also do you know if your name check was cleared.
Yes. I'm July 2nd Filer at TSC and Still waiting. Any Examples that TSC is processing Apps. from July 3rd ... There might be 1000's still waiting who filed on July 2nd.
Yes. I'm July 2nd Filer at TSC and Still waiting. Any Examples that TSC is processing Apps. from July 3rd ... There might be 1000's still waiting who filed on July 2nd.
more...
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lunar
03-31 03:06 PM
Never Mind. Congratulations !!!
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msyedy
12-13 12:35 PM
Cons
(a) How many EB visas will they increase in CIR?...
(b) Will they allow you to file I-485 before your visa number is available.
(c) How stable would be your job be in comming years
(d) What year of your H1 B are you in.
1) If you do not have a problem in H1b extension then.. new Perm Labor in 6 months... (a) I-140 in one month if premium ---- b) if they say no premium you have to wait, how long can't say)
1a) favourable ... 1b) -- ?????
2) If Eb numbers increase a) allow you to file I-485 to get EAD.
b) Eb num increases but no I-485 until date becomes current.
2a) will get you EAD, WIFE can get a job anywhere.. no travel problems and extensions.
2b -- opposite to 2a
3) Job at this company or Green Card. a) You want green card quicker as EB2 will move faster than EB3 even if USCIS don't allow you to file I-485 is
current.
b) If dont care about the earlier issues and are happy to stick with the new job and feel you will be at this place then
Your decision....
I may be wrong but I need GC quicker
(a) How many EB visas will they increase in CIR?...
(b) Will they allow you to file I-485 before your visa number is available.
(c) How stable would be your job be in comming years
(d) What year of your H1 B are you in.
1) If you do not have a problem in H1b extension then.. new Perm Labor in 6 months... (a) I-140 in one month if premium ---- b) if they say no premium you have to wait, how long can't say)
1a) favourable ... 1b) -- ?????
2) If Eb numbers increase a) allow you to file I-485 to get EAD.
b) Eb num increases but no I-485 until date becomes current.
2a) will get you EAD, WIFE can get a job anywhere.. no travel problems and extensions.
2b -- opposite to 2a
3) Job at this company or Green Card. a) You want green card quicker as EB2 will move faster than EB3 even if USCIS don't allow you to file I-485 is
current.
b) If dont care about the earlier issues and are happy to stick with the new job and feel you will be at this place then
Your decision....
I may be wrong but I need GC quicker
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amohale
02-26 12:26 AM
Please help me with my case.
I am changing my employment and trying to port my PD.The company I am joining is filing for a new Labor for me. My previous employer (A) with who I worked 5 years in US is not cooperating and is threatening to cancel my I-140. which is not a big deal because my I-140 has been approved for more than 180 days and I can retain the PD.
The problem is with their experience letter. I have a post dated letter from them which they gave recently mentioning 4 years and 11 months of experience out of 5.2 years I have worked with them. It is on company letterhead and lists my title, joining date, responsibilities but does not mention my skills: Java. This is a pure consulting firm with around 50 employees. I don't know any of the other employees except for one who I referred. she was with the company for almost 3 years during my 5 years stay.
the Perm that is getting filed for me required 5 years of experience. Since I cannot get a letter from someone in Company A showing all 5 years, is it ok to have this friend of mine show 3 years during her stay. I will not have a letter from a colleague for other 2 years.
So, it all boils down to, can my ex-colleague's affidavit for partial experience from a previous employer, along with a experience letter on company letterhead do the trick for me in case of a RFE. I will really appreciate your help in determining what is the best way to approach as I have other employment options available and my current employer is using every tactic to keep me back.
I am changing my employment and trying to port my PD.The company I am joining is filing for a new Labor for me. My previous employer (A) with who I worked 5 years in US is not cooperating and is threatening to cancel my I-140. which is not a big deal because my I-140 has been approved for more than 180 days and I can retain the PD.
The problem is with their experience letter. I have a post dated letter from them which they gave recently mentioning 4 years and 11 months of experience out of 5.2 years I have worked with them. It is on company letterhead and lists my title, joining date, responsibilities but does not mention my skills: Java. This is a pure consulting firm with around 50 employees. I don't know any of the other employees except for one who I referred. she was with the company for almost 3 years during my 5 years stay.
the Perm that is getting filed for me required 5 years of experience. Since I cannot get a letter from someone in Company A showing all 5 years, is it ok to have this friend of mine show 3 years during her stay. I will not have a letter from a colleague for other 2 years.
So, it all boils down to, can my ex-colleague's affidavit for partial experience from a previous employer, along with a experience letter on company letterhead do the trick for me in case of a RFE. I will really appreciate your help in determining what is the best way to approach as I have other employment options available and my current employer is using every tactic to keep me back.
Munna Bhai
07-06 05:38 AM
I was in the same boat 2 years before , I opted for Kaiser and it costed about $200 per month.
What is Kaiser and how to get visitor medical insurance?
-M
What is Kaiser and how to get visitor medical insurance?
-M
tnite
09-26 04:05 PM
Hi All,
NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.
Thanks!
See my signature for NSC timeline for my I485
NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.
Thanks!
See my signature for NSC timeline for my I485
