WaitingUnlimited
08-25 02:50 AM
Hi,
I have my I140 approved couple of years ago and now our company is being acquired by another firm. As a result I may lose my job. I am on 5th year of H1 and have I140 copy.
I got an offer with a project from a top consulting firm who is willing to transfer my H1 and also carry forward GC.
However I am concerned, as that consulting firm has the history of cancelling the H1 once they could not find any new projects after the current project. But in current market scenario, I could find any other opportunity and it may be necessary to join that firm.
So lets say after one/two years, if I lose my job with that firm and want to carry forward my H1/GC with other company, will it be possible?
What should I ask the firm now (terms and conditions, before start working with them) to make my self in safe position later on?
Thanks for your advice.
WA
I have my I140 approved couple of years ago and now our company is being acquired by another firm. As a result I may lose my job. I am on 5th year of H1 and have I140 copy.
I got an offer with a project from a top consulting firm who is willing to transfer my H1 and also carry forward GC.
However I am concerned, as that consulting firm has the history of cancelling the H1 once they could not find any new projects after the current project. But in current market scenario, I could find any other opportunity and it may be necessary to join that firm.
So lets say after one/two years, if I lose my job with that firm and want to carry forward my H1/GC with other company, will it be possible?
What should I ask the firm now (terms and conditions, before start working with them) to make my self in safe position later on?
Thanks for your advice.
WA
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Blog Feeds
04-26 11:30 AM
The Dallas suburb of Farmers Branch has been in the news for a couple of years now because of its efforts to run undocumented immigrants out of the city. The city leaders have attempted to do this by passing ordinances making it illegal to rent apartments or houses to such immigrants.
Unfortunately for the city, these ordinances keep getting shot down in court as unconstitutional, and the city has been forced to pay the legal fees of the plaintiffs who sue the city over the ordinances. After the latest adverse ruling, the Farmers Branch City Council voted this month to appeal the federal court judgment.
The rationale for the appeal is that this time the decision will be made by the 5th U.S. Circuit Court of Appeals, which is notoriously conservative. The city believes this court will be more likely to ignore or overturn other court opinions and decide that the ordinance is indeed constitutional.
The city's outside counsel has estimated the legal fees for an appeal could range from $100,000 to $150,000. Thus far, Farmers Branch has spent about $3.2 million trying to get illegal immigrants out of town, and has set aside another $620,000 for the remainder of 2010. By some estimates, the total legal costs could be more than $5 million by the end of this year. That's a lot of money for a city with a population of about 30,000.
For several years I lived in Carrollton, the suburb immediately north of Farmers Branch. I worked in Dallas, immediately south of Farmers Branch. So I passed through Farmers Branch at least twice each day, and actually was in the city far more than that. It's a nice town, with nice people. I hate to see all the negative publicity they are getting, although I do strongly disagree with their attempts to drive immigrants from Farmers Branch.
I know Farmers Branch has much more pressing needs for the money they are spending on these federal court appeals. Road maintenance, libraries, activities for senior citizens, and many other city projects are left wanting. That's a sad situation, and unfair to the residents of Farmers Branch.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/Oob_4ayth6c/)
Unfortunately for the city, these ordinances keep getting shot down in court as unconstitutional, and the city has been forced to pay the legal fees of the plaintiffs who sue the city over the ordinances. After the latest adverse ruling, the Farmers Branch City Council voted this month to appeal the federal court judgment.
The rationale for the appeal is that this time the decision will be made by the 5th U.S. Circuit Court of Appeals, which is notoriously conservative. The city believes this court will be more likely to ignore or overturn other court opinions and decide that the ordinance is indeed constitutional.
The city's outside counsel has estimated the legal fees for an appeal could range from $100,000 to $150,000. Thus far, Farmers Branch has spent about $3.2 million trying to get illegal immigrants out of town, and has set aside another $620,000 for the remainder of 2010. By some estimates, the total legal costs could be more than $5 million by the end of this year. That's a lot of money for a city with a population of about 30,000.
For several years I lived in Carrollton, the suburb immediately north of Farmers Branch. I worked in Dallas, immediately south of Farmers Branch. So I passed through Farmers Branch at least twice each day, and actually was in the city far more than that. It's a nice town, with nice people. I hate to see all the negative publicity they are getting, although I do strongly disagree with their attempts to drive immigrants from Farmers Branch.
I know Farmers Branch has much more pressing needs for the money they are spending on these federal court appeals. Road maintenance, libraries, activities for senior citizens, and many other city projects are left wanting. That's a sad situation, and unfair to the residents of Farmers Branch.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/Oob_4ayth6c/)
vennella
06-18 02:46 PM
Thank you frostrated for your reply!
I have valid H-1 visa to re-enter US. My visa is valid till Dec 2011. I already got that stamped when i went to india last year.
So I shouldn't run into any problems at the port of entry, even if my AP gets approved while I am out of the country, right? Thanks so much for taking time to answer.
I have valid H-1 visa to re-enter US. My visa is valid till Dec 2011. I already got that stamped when i went to india last year.
So I shouldn't run into any problems at the port of entry, even if my AP gets approved while I am out of the country, right? Thanks so much for taking time to answer.
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jonty_11
12-05 02:32 PM
Yes, you have to have expereince as of PD. As for the Risk - its all yours to take.
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parablergh
09-06 05:19 AM
it is fine to have both I-485s filed and pending - generally speaking, if one gets approved, USCIS should deny the other (as a LPR you will no longer be eligible to adjust your status to lpr).
gbof
05-16 01:52 PM
It would be interesting to split the poll as: Apr-May, June-July, Sept-Oct and Nov-Dec 05. I know there r not many between apr 05 and sept 05. but there is a lot in mar05 and sept to dec05 as labors under perm started clearing after sept 05.
more...
purgan
02-04 12:58 PM
I have heard if one leaves the country while AP is being processed, the application is considered abandoned.
My lawyer specifically stated this.
This is an interesting twist..anyone else care to comment?
My lawyer specifically stated this.
This is an interesting twist..anyone else care to comment?
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richasamuel@yahoo.com
08-23 05:00 PM
Under Premium Processing you would certainly get a response which can be a Denial or an Approval within 2 weeks.if you are lucky enough you might get a response within 4-5 business days.
more...
lost_in_gc_land
01-24 04:59 AM
Hello Bpositive,
I am in the same situation as you are and have been for about 2 and a half months. I got a yellow slip and still awaiting feedback from the Consulate who in turn is awaiting a response from Washington.
It depends on when you left the US and if you received your AP before your left the US.
There was a letter published on November 1, 2007 which can be found here
http://www.uscis.gov/files/pressrelease/HandLFinalRule110107.pdf)
If you received the AP before you left the US then there is no risk in returning on the AP from what I have been told but if you did not receive it before you left the US then there is a risk of you entire AOS process being cancelled and this all depends on the officer and the situation at the POE.
Unfortunately in my case I didnt receive my AP until after I left the US and am awaiting feeback from my lawyer regarding the rule in the link.
Let me know if you find any other information
as it would help me as well.
Please..request that only those with personal experience with this respond. I have to decide in the next hour or so and have lawyer opinions already.
Has anyone gone through this?
My H1 is pending 221g admin process (Pink. possibly because I have a Phd in biology) I can't wait much longer as I may risk losing my job. Can I travel on my valid AP? I am not concerned about keeping my H1 status etc. My only concern is at port of entry. Lawyers have told me it is ok, but I would like to hear from people who have done this themselves.
I am in the same situation as you are and have been for about 2 and a half months. I got a yellow slip and still awaiting feedback from the Consulate who in turn is awaiting a response from Washington.
It depends on when you left the US and if you received your AP before your left the US.
There was a letter published on November 1, 2007 which can be found here
http://www.uscis.gov/files/pressrelease/HandLFinalRule110107.pdf)
If you received the AP before you left the US then there is no risk in returning on the AP from what I have been told but if you did not receive it before you left the US then there is a risk of you entire AOS process being cancelled and this all depends on the officer and the situation at the POE.
Unfortunately in my case I didnt receive my AP until after I left the US and am awaiting feeback from my lawyer regarding the rule in the link.
Let me know if you find any other information
as it would help me as well.
Please..request that only those with personal experience with this respond. I have to decide in the next hour or so and have lawyer opinions already.
Has anyone gone through this?
My H1 is pending 221g admin process (Pink. possibly because I have a Phd in biology) I can't wait much longer as I may risk losing my job. Can I travel on my valid AP? I am not concerned about keeping my H1 status etc. My only concern is at port of entry. Lawyers have told me it is ok, but I would like to hear from people who have done this themselves.
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jkid169
07-17 02:00 PM
It seems that this guy is trying to do the same thing
http://social.msdn.microsoft.com/Forums/en-US/wpf/thread/f61a5163- d893-4545-9f29-863bbd0c710a (http://social.msdn.microsoft.com/Forums/en-US/wpf/thread/f61a5163-%20d893-4545-9f29-863bbd0c710a)
I tried the suggestion solution: convert all the extensions to xps, then use DocumentViewer to display the file. It's quite neat. Short and simple code!
However, the adding comment part still remains to be solved...
http://social.msdn.microsoft.com/Forums/en-US/wpf/thread/f61a5163- d893-4545-9f29-863bbd0c710a (http://social.msdn.microsoft.com/Forums/en-US/wpf/thread/f61a5163-%20d893-4545-9f29-863bbd0c710a)
I tried the suggestion solution: convert all the extensions to xps, then use DocumentViewer to display the file. It's quite neat. Short and simple code!
However, the adding comment part still remains to be solved...
more...
newuser
10-07 03:52 PM
Thanks for the info.
Any info if the last name is not the same of that my uncle's.
Any info if the last name is not the same of that my uncle's.
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mnq1979
12-20 08:13 AM
thank you so much for the reassurance, have been getting mixed reports of immigration officers denying re-entry, so am a little perturbed :) dont want to be stuck in a situation where i cannot re-enter :)
dont worry.....you shd be fine...think +ve and remain +ve...!!!!!!!!!!
dont worry.....you shd be fine...think +ve and remain +ve...!!!!!!!!!!
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Dhundhun
01-09 08:12 PM
This link should be removed. I doubt, any member has voting rights.
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Blog Feeds
07-13 12:48 PM
USCIS has recently published a new fact sheet of common questions and answers for members of the U.S. Armed Forces and their families. (http://www.californiaimmigrationlawyerblog.com/Immigration%20Information%20for%20Members%20of%20t he%20U.S.%20Armed%20Forces%20and%20their%20Familie s.pdf) The fact sheet contains the most frequently asked questions that USCIS receives.
The fact sheet is worth reading if you are in the Armed Forces because the answers to some of the questions are different (and usually more advantageous) to members and/or dependents of those in the Armed Forces. For instance, if you are a civilian, obtained your green card through a marriage to a U.S. Citizen and you have been married for less than two years, you must file Form I-751, Petition to Remove Conditions on Residence (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f858d59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD) to remove the conditional residence and obtain your permanent green card. You must file this form even if you intend on applying for citizenship a year later. (Persons who are married to U.S. citizens may apply for citizenship in three years.)
Members of the armed forces do not have to file Form I-751, Petition to Remove Conditions on Residence to remove conditional residence obtained through a marriage to a U.S. Citizen, if the foreign born spouse was inducted or enlisted in the military and is applying for naturalization based on qualifying military service. Thus, military personnel are permitted to "skip a step" and do not need to file form I-751.
Additional questions and answers and helpful email addresses to USCIS liaisons are included on the fact sheet.
http://www.californiaimmigrationlawyerblog.com/father%20and%20son.jpg
More... (http://www.californiaimmigrationlawyerblog.com/2009/07/immigration_information_for_me_1.html)
The fact sheet is worth reading if you are in the Armed Forces because the answers to some of the questions are different (and usually more advantageous) to members and/or dependents of those in the Armed Forces. For instance, if you are a civilian, obtained your green card through a marriage to a U.S. Citizen and you have been married for less than two years, you must file Form I-751, Petition to Remove Conditions on Residence (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f858d59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD) to remove the conditional residence and obtain your permanent green card. You must file this form even if you intend on applying for citizenship a year later. (Persons who are married to U.S. citizens may apply for citizenship in three years.)
Members of the armed forces do not have to file Form I-751, Petition to Remove Conditions on Residence to remove conditional residence obtained through a marriage to a U.S. Citizen, if the foreign born spouse was inducted or enlisted in the military and is applying for naturalization based on qualifying military service. Thus, military personnel are permitted to "skip a step" and do not need to file form I-751.
Additional questions and answers and helpful email addresses to USCIS liaisons are included on the fact sheet.
http://www.californiaimmigrationlawyerblog.com/father%20and%20son.jpg
More... (http://www.californiaimmigrationlawyerblog.com/2009/07/immigration_information_for_me_1.html)
more...
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aioros
05-15 02:07 AM
yea, maybe so jamie - i just wanted the "c" to stay within the confines of the square, and throw in a "circle" figure within all those ... squares. :)
:smirk: what do all you guys think?
:smirk: what do all you guys think?
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ssdtm
03-01 04:45 PM
There is nothing you can do now. You cannot change the past. Realistically there is only a very small probability that it will become an issue at 485 approval stage.
Even otherwise, this was Employer's responsibility, not yours, to keep your LCA updated.
Even otherwise, this was Employer's responsibility, not yours, to keep your LCA updated.
more...
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vpadman
11-11 09:41 PM
I have to renew my passport since it is expiring next month.
What is the specification for the passport photo? It it 2inch x 2inch or
is it 3.5cm by 3.5cm
What is the specification for the passport photo? It it 2inch x 2inch or
is it 3.5cm by 3.5cm
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bkshres
10-07 01:00 PM
Recently I joined new company using AC21. When I joined this new company, my new company told me that they will not handle any immigration matter but will provide with necessary documents if needed. So, I asked my previous attorney to continue my case and he prepared letter for AC21 and sent to USCIS. Now, after couple of weeks, now the lawyer from my new company sent me G-28 form to fill, which is technically to switch the attorney and telling me that this new attorney will be sending AC21 documents again. But my new company is not doing G-28 for my wife. So, now I am in delemma whether to file G-28 and switch the attoney and send AC21 documents again.
Is it advisable to stay with old attorney as he had all the original documents and whatever being sent to USCIS OR switch to new attorney appointed by new company. This new attorney also saying that most of the time G-28 form will never make to USCIS I485 case and will get lost in mailroom. In that case all the correspondence will still goto old attorney. So, I wasn't sure what is safest and best way to handle this.
From my prospective, I should be good since my old attorney already sent AC21 documents to USCIS including my apointment letter from new employer with copies of all necessary document. so, Do I need to switch attorney at this stage of Green card (I485). What could be the possible queries in future regarding AC21. My old company is very reputed and they will not revoke my I-140. Similarly my new company is also very reputed. Both are in similar business and my job is similar and both are fortune 100 companies.
My case is EB3 ROW with priority date of March 2006. Now I am working on EAD.
Thanks in advance.
BK
Is it advisable to stay with old attorney as he had all the original documents and whatever being sent to USCIS OR switch to new attorney appointed by new company. This new attorney also saying that most of the time G-28 form will never make to USCIS I485 case and will get lost in mailroom. In that case all the correspondence will still goto old attorney. So, I wasn't sure what is safest and best way to handle this.
From my prospective, I should be good since my old attorney already sent AC21 documents to USCIS including my apointment letter from new employer with copies of all necessary document. so, Do I need to switch attorney at this stage of Green card (I485). What could be the possible queries in future regarding AC21. My old company is very reputed and they will not revoke my I-140. Similarly my new company is also very reputed. Both are in similar business and my job is similar and both are fortune 100 companies.
My case is EB3 ROW with priority date of March 2006. Now I am working on EAD.
Thanks in advance.
BK
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skd
08-21 07:46 PM
??
From USCIS Case Status Website
From USCIS Case Status Website
andyny73
12-10 10:11 AM
Thank you for your reply.
Andrea
Andrea
mrajatish
08-08 12:33 PM
On a different note, how many labor applications does each one of the applicants in BEC have? Among the 250,000 applications still pending in BEC, how many are applications that still have a legitimate benefactor? For example, in your case, it is pretty evident that you are likely going to use the other company's labor, but what happens to the labor you filed from your current company? If this labor is used for sub, then thee is another legitimate applicant who is being denied the opportunity to file 485 by some one who will use this date.
I think this issue is equally important in solving retrogression.
I think this issue is equally important in solving retrogression.
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