eb3retro
03-16 02:21 AM
I just entered US using AP, and i am not working for my GC sponsored employer. POE is SFO, I had no issues. I will update this post with all the details tomorrow (since i am very tired after travelling). But just thought I will post this thread to let know that you may not have any issues if you dont work for the GC sponsored employer and enter using AP.
Update to my post:
Yesterday I entered US (POE = SFO) , all 3 in the family using AP. We also have one US citizen child. Used the visitors line. First level officer stamped the US citizen passport and gave it and told all 3 of us to go to the secondary. No other questions was asked.
Went to a seperate room for secondary. There were around 15 people. We placed our passports in the holder there. 3 officers were there calling each one and asking them some questions. I was very much worried abt the much dreaded question - "are you working for the same company that sponsored ur GC". But to our greatest surprise, the officer checked everything in his computer, took one of the given 3 APs, put a parole stamp until one year from yesterday and gave us back 2 copies each. We were not even called to the counter. The officer did this and bought all the passports back to the seats where we were waiting. and he told us we are all set and said "Welcome back".. We believe that they did not call us because, we had a child with us. Thats it..so no issues. So dont worry folks, i hope and pray everyone should be ok for those who use AP.
Update to my post:
Yesterday I entered US (POE = SFO) , all 3 in the family using AP. We also have one US citizen child. Used the visitors line. First level officer stamped the US citizen passport and gave it and told all 3 of us to go to the secondary. No other questions was asked.
Went to a seperate room for secondary. There were around 15 people. We placed our passports in the holder there. 3 officers were there calling each one and asking them some questions. I was very much worried abt the much dreaded question - "are you working for the same company that sponsored ur GC". But to our greatest surprise, the officer checked everything in his computer, took one of the given 3 APs, put a parole stamp until one year from yesterday and gave us back 2 copies each. We were not even called to the counter. The officer did this and bought all the passports back to the seats where we were waiting. and he told us we are all set and said "Welcome back".. We believe that they did not call us because, we had a child with us. Thats it..so no issues. So dont worry folks, i hope and pray everyone should be ok for those who use AP.
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dilbert_cal
10-31 06:59 PM
To answer your questions (assuming you filed I-1485 with A - since you mention using EAD).
1. Is employer A going to withdraw the approved I-140? If yes, then you will run into some issues with the way things are going now. But you should be able to fight back (MTR etc) in the worst case. If A is not withdrawing I-140, then less problem.
Once 140 is revoked and 485 is denied as well, you will not be able to work anymore. You are planning to use EAD - your EAD is invalid the day your 485 is denied. By filing MTR, you may be able to get it back on track but until then you cannot work. Its upto you to decide whether you want to take this risk or not.
2. Is Company B, that promises to employ you after GC, can they give any written statement? Here in US it is _at-will_ employment. So, you might have tough time proving it.
Even with a written statement, there is no guarantee they will hire you when you have your GC - and anyways this doesnt real mean anything w.r.t. his GC process.
3. Another problem is, before they adjudicate your I-485, they might issue an RFE to check if you're still employed in same or similar position. And employment with Company C will not satisfy this requirement.
Perfectly said. If you are using ac-21 , your new job has to be same/similar to the job filed for GC. Job with C is not same/similar. If you have a RFE ( high chances when you file AC21 based on anecdotal evidence ) , you will be in trouble.
Now, I am not sure if any documents from company B will establish the fact that you will be working in same/similar occupation. You should better consult with an Immigration Attorney and better yet retain them for future.
Overall, not knowing what is the reason you want the change, etc. it is difficult to advise you one way or the other - but its pretty clear that the risks can be pretty high in this particular case.
1. Is employer A going to withdraw the approved I-140? If yes, then you will run into some issues with the way things are going now. But you should be able to fight back (MTR etc) in the worst case. If A is not withdrawing I-140, then less problem.
Once 140 is revoked and 485 is denied as well, you will not be able to work anymore. You are planning to use EAD - your EAD is invalid the day your 485 is denied. By filing MTR, you may be able to get it back on track but until then you cannot work. Its upto you to decide whether you want to take this risk or not.
2. Is Company B, that promises to employ you after GC, can they give any written statement? Here in US it is _at-will_ employment. So, you might have tough time proving it.
Even with a written statement, there is no guarantee they will hire you when you have your GC - and anyways this doesnt real mean anything w.r.t. his GC process.
3. Another problem is, before they adjudicate your I-485, they might issue an RFE to check if you're still employed in same or similar position. And employment with Company C will not satisfy this requirement.
Perfectly said. If you are using ac-21 , your new job has to be same/similar to the job filed for GC. Job with C is not same/similar. If you have a RFE ( high chances when you file AC21 based on anecdotal evidence ) , you will be in trouble.
Now, I am not sure if any documents from company B will establish the fact that you will be working in same/similar occupation. You should better consult with an Immigration Attorney and better yet retain them for future.
Overall, not knowing what is the reason you want the change, etc. it is difficult to advise you one way or the other - but its pretty clear that the risks can be pretty high in this particular case.
setpit_gc
05-27 07:14 PM
Got the RFE document.
Attorney forgot to mention "NONE" in Part3 - Sction C of my 485 application.
Attorney forgot to mention "NONE" in Part3 - Sction C of my 485 application.
2011 This American
santb1975
05-17 11:00 PM
Thanks a lot
My $100..
Paypal ID #8BB01536AL566510N
Thanks
My $100..
Paypal ID #8BB01536AL566510N
Thanks
more...
setpit_gc
06-07 06:22 PM
I got 1st LUD on 05/31/2009 with message change.
Soft LUDs so far: 06/02/2009, 06/03/2009, 06/05/2009, 06/07/2009
Soft LUDs so far: 06/02/2009, 06/03/2009, 06/05/2009, 06/07/2009
jetr
08-27 01:22 PM
>> My qn is what if company A cancels my 140?
3 year H1 extension may be denied.
>> If I get my 3yr H1 extn approved (before 140 cancellation) will my status be valid?
Yes.
____________________
Not a legal advise.
Thanks desi3933.
My followup qn to this is ..
If I get my 3yr H1 extn approved (before 140 cancellation) with company B and company A revokes my approved 140, is it possible to transfer my priority date(of the approved 140 ..which is now revoked by company A) to my new 140 filed by company B?
Thanks
3 year H1 extension may be denied.
>> If I get my 3yr H1 extn approved (before 140 cancellation) will my status be valid?
Yes.
____________________
Not a legal advise.
Thanks desi3933.
My followup qn to this is ..
If I get my 3yr H1 extn approved (before 140 cancellation) with company B and company A revokes my approved 140, is it possible to transfer my priority date(of the approved 140 ..which is now revoked by company A) to my new 140 filed by company B?
Thanks
more...
SeanDell
06-04 10:35 PM
?
2010 PORCELAIN EAGLE
nixstor
08-23 12:16 PM
I see a lot of people flocking into "Orkut". How about incorporating a dose of IV through orkut if some of us are already there? What is more important is, making people aware of the consequences they might have to face, even if they havent filed for their GC yet.
more...
onthelines
10-06 03:25 PM
This is Incredible..Thanks IV for all the hard work.
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looivy
09-02 02:56 PM
What options do I press to reach the customer service rep?
Thanks.
Sorry for starting a thread because I could not locate the info.
How do I reach a customer service rep at USCIS toll free number to create an SR. What options do I select to reach the customer service rep?
Thanks.
Sorry for posting this thread. I could not locate the information on the forum.
What options do I select to talk to customer service rep?
Thanks.
Thanks.
Sorry for starting a thread because I could not locate the info.
How do I reach a customer service rep at USCIS toll free number to create an SR. What options do I select to reach the customer service rep?
Thanks.
Sorry for posting this thread. I could not locate the information on the forum.
What options do I select to talk to customer service rep?
Thanks.
more...
bandya
05-24 11:58 PM
Have said this before - during one of out earlier web fax campaign. Pls send emails to all the members about this fax!!!
All the more important since we hardly have any time on our hand!!!
All the more important since we hardly have any time on our hand!!!
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kisana
09-02 10:52 AM
There is place in the I-9 , Alien Authorized to work unitll, you need to provide the H1 information instead of the EAD information. Also instead of Alien#, you need to provide Admissible # which is on I-94 of new H1B. When some one submit I-9 form you need to show the Passport and you H1B copy. That way you are sure that you are using H1B.
more...
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jonty_11
08-10 12:12 PM
concentrate on IV Rally instead....guys..
Who has gained any solace from Calling USCIS....
the tier 1 2, or 3 or Tier N at USCIS know nothing......
All we know ...there is bound to be delays...ther e will always be a few lucky ones getting receipts and stuff in a months time....but most of us like the GC process itself will be backlogged again....for receipts now....
I suggest we make IV our horse and ride it to end the problem at its source rather than calling USCIS and hoping for an Update from themmmm
They would already be pissed at us due to VB July restoration...
So attack the problem at the source.
Who has gained any solace from Calling USCIS....
the tier 1 2, or 3 or Tier N at USCIS know nothing......
All we know ...there is bound to be delays...ther e will always be a few lucky ones getting receipts and stuff in a months time....but most of us like the GC process itself will be backlogged again....for receipts now....
I suggest we make IV our horse and ride it to end the problem at its source rather than calling USCIS and hoping for an Update from themmmm
They would already be pissed at us due to VB July restoration...
So attack the problem at the source.
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i99
08-30 06:25 PM
Sayanora,
Thanks, I will let know if I get anything better.
:)
Thanks, I will let know if I get anything better.
:)
more...
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Lisap
08-27 06:19 PM
I actually did the stop payment back on the 14th and I have checked my account everyday and nothing...... Do you think they will reject it? I hate to lose the receipt date of July 2nd....
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raj2007
06-18 11:19 AM
Nope...once you have used your EAD you cannot go back to H1-B. AFAIK.
but I am not an expert so I guess others around here might have a different take. Best,
you can but it will be new h1 with 6 month validity. I think it will be new H1 and no quota is available now.
Can't you get EAD from local USCIS center after 90 days if it was not processed?
but I am not an expert so I guess others around here might have a different take. Best,
you can but it will be new h1 with 6 month validity. I think it will be new H1 and no quota is available now.
Can't you get EAD from local USCIS center after 90 days if it was not processed?
more...
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sammyb
02-13 02:49 PM
read it ...
http://www.mediafire.com/imgbnc.php/78355623a0ffd5d61a20d391bee048804g.jpg
http://www.mediafire.com/imgbnc.php/78355623a0ffd5d61a20d391bee048804g.jpg
girlfriend American Eagle US flag State
ItIsNotFunny
09-22 04:31 PM
Some loser gave me red with the following message.
Don't keep posting same message.
Let me tell you A**H***, when ppl like you do not call I have to post same message again & again & again....
So do your part & call.
Ignore them. Someone gave me red with following comment:
"not funny but silly "
These people don't do anything and they even can't see someone doing something. Keep Calling again and again and again and again.
Don't keep posting same message.
Let me tell you A**H***, when ppl like you do not call I have to post same message again & again & again....
So do your part & call.
Ignore them. Someone gave me red with following comment:
"not funny but silly "
These people don't do anything and they even can't see someone doing something. Keep Calling again and again and again and again.
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xu1
04-08 06:02 PM
Then what do you do if you dont have a candian permit ??
A friend of mine then purchased a ticket and flew from toronto to her home country, where she took a rather long vacation and got her H4 visa.. That was shortly after 9/11.
A friend of mine then purchased a ticket and flew from toronto to her home country, where she took a rather long vacation and got her H4 visa.. That was shortly after 9/11.
shana04
04-24 11:25 AM
Finally, My I-485 got approved.
PD:MARCH2002, EB2, INDIA
RD: MARCH 2007
Thank you All!!
:)
I wish you good luck in all your future endeavours. Good bless you and your family.
Pray for all.
PD:MARCH2002, EB2, INDIA
RD: MARCH 2007
Thank you All!!
:)
I wish you good luck in all your future endeavours. Good bless you and your family.
Pray for all.
GCFROMOHIO
01-12 12:12 AM
Please refrain from claiming any unemployment benefits while on EAD and 485 pending.
Urgent Help Needed!!!!!! IO with State Police at home today morning. (http://www..com/usa-discussion-forums/i485-eb/237011787/urgent-help-needed-io-with-state-police-at-home-today-morning)
Thanks
Urgent Help Needed!!!!!! IO with State Police at home today morning. (http://www..com/usa-discussion-forums/i485-eb/237011787/urgent-help-needed-io-with-state-police-at-home-today-morning)
Thanks
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