jasmin45
07-16 07:10 PM
There's another thread with same details being discussed in the forum.
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gcformeornot
04-07 02:07 PM
As far as I know, labor subs was banned in 2007...So if labor was substituted before 2007, we need to worry....Other cases who have 140 and labor intact now need not worry abt this rule for AC21..
Correct me if this is wrong...
but in many many cases people do not know about their Labor and 140 details. Many many chose not file AC21 documents... they just move to a new employer.... some of them might have their labor substituted without them know it.....
Mind you if you look at 485 inventory.... there are thousands of them out there who have filed 485 before July 2007 and still are waiting....
Correct me if this is wrong...
but in many many cases people do not know about their Labor and 140 details. Many many chose not file AC21 documents... they just move to a new employer.... some of them might have their labor substituted without them know it.....
Mind you if you look at 485 inventory.... there are thousands of them out there who have filed 485 before July 2007 and still are waiting....
JeffDG
01-19 08:05 PM
You almost make it sound like did a EB3 applicant become a "slumdog millionaire" ? :)
If they did, they could just invest and qualify for EB5!:)
If they did, they could just invest and qualify for EB5!:)
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GCNirvana007
04-08 04:46 PM
Ok, i appreciate all the answers/recommendations. Now since You guys are the IV, can i get answer to my original questions
Thanks.
Thanks.
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LostInGCProcess
08-26 01:20 PM
Are you sure about this? I don't think this is true. My wife entered using AP and works on H-1B. Note that she is a derivative on my I-485 and works on H-1 for a totally different employer.
Well, that was precisely my question...and I think your example fits perfectly with my scenario.
My wife is on a H1 which is different from my employer who is sponsoring my GC...and I got EAD and AP (although I am not using them right now still holding on to H1) and also my wife too, is on her companies H1.
She is going to India for H1 Visa stamping...and if it didn't go well for some wild reasons, she would use the AP to come back to US...after entering US using AP, can she continue to work on her H1?? Please note: her H1 is totally different from the AP, which was thru my company.
So, Little_willy, is it okay???:confused:
Well, that was precisely my question...and I think your example fits perfectly with my scenario.
My wife is on a H1 which is different from my employer who is sponsoring my GC...and I got EAD and AP (although I am not using them right now still holding on to H1) and also my wife too, is on her companies H1.
She is going to India for H1 Visa stamping...and if it didn't go well for some wild reasons, she would use the AP to come back to US...after entering US using AP, can she continue to work on her H1?? Please note: her H1 is totally different from the AP, which was thru my company.
So, Little_willy, is it okay???:confused:
cdeneo
04-02 10:31 PM
The new employer does need to support you thru the GC process, again unclear if this is something that is needed in the AC21 letter or not.
The main thing per my understanding is that AC21 does not apply to contract positions - one would hope that the previous employer does not revoke the I-140 petition causing a NOID/RFE.
My question still stands - if the sponsoring employer revokes the approved I-140 petition post 180 days of 485 filing - this would cause problems if the person has taken up a contract position on EAD unless one can respond to the NOID/RFE stating a full time offer in hand for future employment, etc.
It is not very clear if the new employer needs to explicitly state that they would like to continue your GC. I understand that a major chunk of employers will have reservation stating this in an offer letter.
My understanding is that to invoke AC21, employer needs to provide an offer letter for a full time position. Please clarify.
The main thing per my understanding is that AC21 does not apply to contract positions - one would hope that the previous employer does not revoke the I-140 petition causing a NOID/RFE.
My question still stands - if the sponsoring employer revokes the approved I-140 petition post 180 days of 485 filing - this would cause problems if the person has taken up a contract position on EAD unless one can respond to the NOID/RFE stating a full time offer in hand for future employment, etc.
It is not very clear if the new employer needs to explicitly state that they would like to continue your GC. I understand that a major chunk of employers will have reservation stating this in an offer letter.
My understanding is that to invoke AC21, employer needs to provide an offer letter for a full time position. Please clarify.
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werc
10-09 12:12 AM
I am assuming your lawyer meant that the H4 status could be reclaimed if necessary. As soon as one uses EAD the non-immigrant status gets lost.
Ok! God help me here.... My lawyer responded this morning that h4 is valid even after using EAD. EAD is only a benefit.
Now what is true? So much of information floating around and I don't know what to take and what not to!!!!!
Please help me, my husband also has no clue..
Ok! God help me here.... My lawyer responded this morning that h4 is valid even after using EAD. EAD is only a benefit.
Now what is true? So much of information floating around and I don't know what to take and what not to!!!!!
Please help me, my husband also has no clue..
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gk_2000
02-03 08:16 PM
Hi EveryOne,
I got my Green card in mail yesterday. I want to thank IV and everyone for all the support during this GC journey. I wish everyone all the best for their green card process. I wish everyone gets to file 485 irrespective of priority dates and ultimately get their green cards. This is a question to Admin, i have a recursive donation going on, I would like to make a one time donation and stop the recursive donation.
Thanks.
I would say it's iterative, not recursive. But congrats anyhow
I got my Green card in mail yesterday. I want to thank IV and everyone for all the support during this GC journey. I wish everyone all the best for their green card process. I wish everyone gets to file 485 irrespective of priority dates and ultimately get their green cards. This is a question to Admin, i have a recursive donation going on, I would like to make a one time donation and stop the recursive donation.
Thanks.
I would say it's iterative, not recursive. But congrats anyhow
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kartikiran
06-17 02:19 PM
^^^^^^^^^^^^^^
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psk79
10-15 01:10 PM
Is this her first time into US? if so, i guess they are trying to make sure your h1b is still valid. Since they see that you entered on AP, it might be confusing them. I am assuming you work for the same h1 employer who also sponsored your GC. Now all attorneys have told us that the law says you can resume your h1b once you are back on AP but lot of IO's don't care about it. Now you can just send an employer/personal letter stating that you are currently in the same job for which your H1 is approved and also have a I140 pending/approved for the same. Mention that you are still on H1b while you entered using your AP. Hence you never got your H1b visa stamped at the consulate. It shouldn't be a problem unless you are trying to get H$4 via a H1b from a former employer while you are working on EAD for someone else.
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wliu9898
08-23 05:29 PM
I am new here, Could anyone explain what is Texas State Chapter Activation about? how does that work? thanks!
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darslee
07-08 02:13 PM
Well if he does indeed visit regularly.....
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I am NOT East Indian and I sent flowers too!
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Dhundhun
09-21 12:26 AM
Wow it almost sounds like attaining Nirvana (moksha). May be USCIS/DOS/DHS/Us Govt should name it as Nirvana Card.
Sometimes question might be very simple, but there could be deep meaning associated with that. I think every one in this forum understands what is the meaning of GC. So the question seemed to me of more philosophical in nature.
One of the best example of this type of question about an elephant (http://en.wikipedia.org/wiki/Blind_Men_and_an_Elephant). Almost every one knows what is an elephant, how a blind man perceives is explained in that URL.
This is like a question what is project success?
- For investor/owner, it is money
- For management, it is successful completion perhaps in time and in budget
- For engineer, it is promotion, recognition and sometimes rewards
Similarly GC stands simply for Green Card (in our context), but for different people, it can have different meaning:
- Worst case a guy gets GC just one day before marriage - forcing seperations for years
- Best case - perhaps freedom from slavery
Sometimes question might be very simple, but there could be deep meaning associated with that. I think every one in this forum understands what is the meaning of GC. So the question seemed to me of more philosophical in nature.
One of the best example of this type of question about an elephant (http://en.wikipedia.org/wiki/Blind_Men_and_an_Elephant). Almost every one knows what is an elephant, how a blind man perceives is explained in that URL.
This is like a question what is project success?
- For investor/owner, it is money
- For management, it is successful completion perhaps in time and in budget
- For engineer, it is promotion, recognition and sometimes rewards
Similarly GC stands simply for Green Card (in our context), but for different people, it can have different meaning:
- Worst case a guy gets GC just one day before marriage - forcing seperations for years
- Best case - perhaps freedom from slavery
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gc_chahiye
07-29 11:42 AM
My son is an U.S citizen (4 years old) and my Attorney successfully filed a petion on behalf of me and mywife.
But that petion is based on EB2 :p
similar boat. Lets see what happens first: my own PD becomes current or my child manages to sponsor me. 18-20 years for either!
But that petion is based on EB2 :p
similar boat. Lets see what happens first: my own PD becomes current or my child manages to sponsor me. 18-20 years for either!
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deba
09-09 10:28 PM
Nothing surprising here. I have yet to hear about one desi employer who has not exploited H1b. The system is set up to favor the employer. Employees hardly have a choice. Those in favor of increasing the quota should also lobby for complete portability without any penalty to keep the system fair.
Deb
Contrib $600 so far + $300 for rally
EB2 India PD 03/05
I140 09/07
I485 07/07
Deb
Contrib $600 so far + $300 for rally
EB2 India PD 03/05
I140 09/07
I485 07/07
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waitin_toolong
07-30 03:41 PM
some 15-25 yrs back this used to be possible. I know of someone whos mom was air-hostess, and delivered the baby here and all of the family members got GC based on that baby.
But they closed this loophole sometime back.
But they closed this loophole sometime back.
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saimrathi
07-17 02:58 PM
This is from Logiclife.. all hope isnt lost yet
The latest update we received is the the annoucement to be made soon will be as follows:
1. DHS will withdraw it decision and act according to original bulletin released in July which had EB dates current for everyone except EB-other worker category.
2. The July bulletin (original one released on June 12th) will remain effective for 30 days more and will be effective all the way thru August 17th.
This is good news. It will be announced soon. We got this information from very reliable source. You have 30 more days to file your I-485.
Thank you for your patience.
The latest update we received is the the annoucement to be made soon will be as follows:
1. DHS will withdraw it decision and act according to original bulletin released in July which had EB dates current for everyone except EB-other worker category.
2. The July bulletin (original one released on June 12th) will remain effective for 30 days more and will be effective all the way thru August 17th.
This is good news. It will be announced soon. We got this information from very reliable source. You have 30 more days to file your I-485.
Thank you for your patience.
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fromnaija
11-13 01:01 PM
That, my friend, is the question! It is the risk associated with using AC21 before I-140 approval.
How do we know that I-140 is "approvable"?
How do we know that I-140 is "approvable"?
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xbohdpukc
09-25 05:10 PM
No one has ever been denied mortgage because their green card is pending, all other things (credit record, finances etc) being equal...that would constitute housing discrimintaion...
Just a thought, especially in response to those (and there are some on this forum) who feel discriminated in this country and compare their situation to that of exploited laborers in some podunk land...
This will not amount to discrimination in any way. If you are not able to show the proof that you are legally entitled to staying in the country for the coming 3-5 years (and many people here are extending their H1 status every year) it will be very risky for a lender to extend a 15-30 year mortgage to you.
As a matter of fact in a very competitive market lenders most likely won't turn your application down, but will make you pay more in interest, which again does not qualify as any kind of discrimination.
Just a thought, especially in response to those (and there are some on this forum) who feel discriminated in this country and compare their situation to that of exploited laborers in some podunk land...
This will not amount to discrimination in any way. If you are not able to show the proof that you are legally entitled to staying in the country for the coming 3-5 years (and many people here are extending their H1 status every year) it will be very risky for a lender to extend a 15-30 year mortgage to you.
As a matter of fact in a very competitive market lenders most likely won't turn your application down, but will make you pay more in interest, which again does not qualify as any kind of discrimination.
h1techSlave
09-22 09:22 PM
Companies like Microsoft are indeed greedy. But Microsoft shareholders like me and many others in this forum are saints.
As long as greedy corporations like microsoft exist noting will happen to H1B program..its the economy that's it ..once it start moving up h1b will become l1b and the import of cheap labor starts once again .....you guys are just spreading fear nothing else ....
As long as greedy corporations like microsoft exist noting will happen to H1B program..its the economy that's it ..once it start moving up h1b will become l1b and the import of cheap labor starts once again .....you guys are just spreading fear nothing else ....
ramaonline
06-15 02:13 AM
h1 is dual intent visa under the current laws it is perfectly legal to hold both h1b and ead statuses - u can be in just h1b status if u wish or get into EAD status or maintain both if the h1 is valid
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