LegallyGC
08-09 10:46 AM
Guys,
There was a question and answer section on this site and i found this which might help us..
---------------------------------
12. Question(08/03/10): It has taken several years for me to receive the I-485 approval yesterday based on the employment-based petition filed by my employer. I have never changed employer. Neither have I invoked AC 21 change of employment. Since the 485 is approved, I am seeking new employment and started sending out employment applications to various employers. Is there any law that forces me to work for the green card sponsoring employer even after the green card is approved?
Answer: The green card employment is "permanent" employment. "Permanent" means the employment term is not temporary and must be for a period of "indefinite" duration. Inasmuch as there is no ending date, it can be considered a permanent terms of employment. The employer sponsed employment based immigration requires both the employer and employee to retain "intent" to offer such permanent employment and accept such permanent employment on or before the I-485 is approved. If the employer does not maintain such "intent" and file a labor certification and I-140 petition, It can be construed a fraud. If the employee does not have such "intent" and sign the labor certification application and and file I-485 application based on the employer-sponsored I-140 petition, it can also be considered a fraud. The issue is "intent" which is a mental state as judged from the actions of the employer or employee. AC-21 portability of approved I-140 petition changed the picture and both the employer and employee are freed from such obligation if two conditions are met. One is that until AC-21 is invoked, the employer and employee retain such intent. Practically, in the context of AC-21, such oblication is limited until the alien invokes the AC-21 change of employment after 180 days of filing of I-485 application in similar or same occupational classification. There is a grey area where the alien does not invoke AC-21 and change of employment. In such context, it may be assumed that both the employer and the employee retain such intent at the time I-485 is approved. In old days, the legacy INS was active in initiating a revocation of green card proceeding before the immigration courts to stip off the approved green card and launch a deportation proceeding based either on the ground that there was a fraud on the parties or the INS approved the I-485 application without the knowledge of such fact of ill-conceived intent of the parties. The theory of the law is that "had the agency known the true facts." the agency would not have approved the employment-based I-485 because the I-485 could have been ineligible without such intent. Intent is proven in most cases by the circumstantial evidence since no one can go into the state of mind of other person. The evidence they used to use was the evidence of search of another employment immediately before or after I-485 was approved. For the reasons, even though there is no fixed period of time for a new green card holder to work for the sponsoring employer, legal counsels advised the employees not to send out employment application in writing to other employers immediately prior to the approval of I-485 application or at least for certain period of time like two months not to change employment, because such behavior can be construed as relection of the true state of mind and intent of the employee not to work for the sponsoring employer before or on the date of approval of I-485 application owing to short period of time that lapsed when they changed employment. This problem used to pop up during the naturalization proceeding when the agency learned that the alien changed employment immediately before or after the green card is granted. The foregoing inent issue can be overridden when the alien left the job because of employer's decision to terminate the employment or because of change of circumstances which are beyond the control of the parties such as slow-down of business and layoffs. Again AC-21 affected this issue, and it appears that the agency may no longer actively look for this issue. But theoretically, the issue still exists and a law is a law. Accordingly, there is always a potential risk of this issue popping up after green card is approved, especially when there is a grudged sponsoring employer who obtained and possessed such adverse evidence and contact the agency to revoke the green card. Just beware.
------------------------
Hope this helps.
Pappu, there is nothing wrong in seeking exact clarification though from USCIS because things are not really clear on this regard and its better to get clear cut answer to the immigrant community..
There was a question and answer section on this site and i found this which might help us..
---------------------------------
12. Question(08/03/10): It has taken several years for me to receive the I-485 approval yesterday based on the employment-based petition filed by my employer. I have never changed employer. Neither have I invoked AC 21 change of employment. Since the 485 is approved, I am seeking new employment and started sending out employment applications to various employers. Is there any law that forces me to work for the green card sponsoring employer even after the green card is approved?
Answer: The green card employment is "permanent" employment. "Permanent" means the employment term is not temporary and must be for a period of "indefinite" duration. Inasmuch as there is no ending date, it can be considered a permanent terms of employment. The employer sponsed employment based immigration requires both the employer and employee to retain "intent" to offer such permanent employment and accept such permanent employment on or before the I-485 is approved. If the employer does not maintain such "intent" and file a labor certification and I-140 petition, It can be construed a fraud. If the employee does not have such "intent" and sign the labor certification application and and file I-485 application based on the employer-sponsored I-140 petition, it can also be considered a fraud. The issue is "intent" which is a mental state as judged from the actions of the employer or employee. AC-21 portability of approved I-140 petition changed the picture and both the employer and employee are freed from such obligation if two conditions are met. One is that until AC-21 is invoked, the employer and employee retain such intent. Practically, in the context of AC-21, such oblication is limited until the alien invokes the AC-21 change of employment after 180 days of filing of I-485 application in similar or same occupational classification. There is a grey area where the alien does not invoke AC-21 and change of employment. In such context, it may be assumed that both the employer and the employee retain such intent at the time I-485 is approved. In old days, the legacy INS was active in initiating a revocation of green card proceeding before the immigration courts to stip off the approved green card and launch a deportation proceeding based either on the ground that there was a fraud on the parties or the INS approved the I-485 application without the knowledge of such fact of ill-conceived intent of the parties. The theory of the law is that "had the agency known the true facts." the agency would not have approved the employment-based I-485 because the I-485 could have been ineligible without such intent. Intent is proven in most cases by the circumstantial evidence since no one can go into the state of mind of other person. The evidence they used to use was the evidence of search of another employment immediately before or after I-485 was approved. For the reasons, even though there is no fixed period of time for a new green card holder to work for the sponsoring employer, legal counsels advised the employees not to send out employment application in writing to other employers immediately prior to the approval of I-485 application or at least for certain period of time like two months not to change employment, because such behavior can be construed as relection of the true state of mind and intent of the employee not to work for the sponsoring employer before or on the date of approval of I-485 application owing to short period of time that lapsed when they changed employment. This problem used to pop up during the naturalization proceeding when the agency learned that the alien changed employment immediately before or after the green card is granted. The foregoing inent issue can be overridden when the alien left the job because of employer's decision to terminate the employment or because of change of circumstances which are beyond the control of the parties such as slow-down of business and layoffs. Again AC-21 affected this issue, and it appears that the agency may no longer actively look for this issue. But theoretically, the issue still exists and a law is a law. Accordingly, there is always a potential risk of this issue popping up after green card is approved, especially when there is a grudged sponsoring employer who obtained and possessed such adverse evidence and contact the agency to revoke the green card. Just beware.
------------------------
Hope this helps.
Pappu, there is nothing wrong in seeking exact clarification though from USCIS because things are not really clear on this regard and its better to get clear cut answer to the immigrant community..
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Raju
07-06 03:44 PM
DUGG
Who understands the word Gandhigiri. Stop stuff like this :mad:
Who understands the word Gandhigiri. Stop stuff like this :mad:
Macaca
01-31 08:33 AM
U.S. Proposes Rise in Immigration Fees (http://www.washingtonpost.com/wp-dyn/content/article/2007/01/30/AR2007013001762.html).
By SUZANNE GAMBOA
The Associated Press
Wednesday, January 31, 2007; 2:47 AM
WASHINGTON -- Becoming an American citizen could soon cost almost twice as much.
The Bush administration will propose nearly doubling the fee charged applicants for U.S. citizenship and significantly increasing fees for other immigration benefits, congressional and administration officials said Tuesday.
Fees for a wide variety of immigration services would rise an average of 66 percent, said two government officials who did not want to be named in advance of the administration's formal announcement of the proposal Wednesday.
The current fee of $330 to apply for citizenship would rise to slightly less than $600, an administration official said. Other fee increases are possible for green cards conveying legal residency, which now cost $325.
Applicants also now pay a $70 fingerprinting fee in each case. Fees also are paid for things such as work permits, replacing lost green cards and petitions to adopt orphans from other countries.
The proposed fee increases would not be final until after a public comment period.
Congressional Democrats last week warned in a letter to Emilio Gonzalez, director of the Homeland Security Department's Citizenship and Immigration Services, that they planned to review the agency's analyses behind any proposed immigration fee increases.
The letter was signed by Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., immigration subcommittee chairman Sen. Edward Kennedy, D-Mass., House Judiciary Committee Chairman John Conyers, D-Mich., and immigration subcommittee chairwoman Rep. Zoe Lofgren, D-Calif.
Immigration advocates have been bracing for the expected jump in fees. William Ramos, Washington director for the National Association of Latino Elected and Appointed Officials, said the increases are "just going to be devastating to our communities."
"It will basically create another obstacle for those who want to realize their dream of becoming American citizens," Ramos said.
Citizenship and Immigration Services covers its costs with application fees. The agency is required to do a fee analysis every two years to determine whether money raised from fees is covering costs. The agency last raised its fees in 2004, citing the cost of more intense background checks in the wake of the Sept. 11, 2001, terrorist attacks.
Immigrant advocates long have argued that the agency's costs cannot be absorbed by application fees. They want Congress to appropriate money to help pay costs.
Large fee increases would be heavily felt in the Asian community, where two-thirds of the population in the U.S. is foreign-born, said Traci Hong, director of the immigration program for the Asian American Justice Center.
About 70 percent of foreign-born Asians in the country become American citizens, a high rate for immigrants. Hong worried that higher naturalization fees would slow that rate.
By SUZANNE GAMBOA
The Associated Press
Wednesday, January 31, 2007; 2:47 AM
WASHINGTON -- Becoming an American citizen could soon cost almost twice as much.
The Bush administration will propose nearly doubling the fee charged applicants for U.S. citizenship and significantly increasing fees for other immigration benefits, congressional and administration officials said Tuesday.
Fees for a wide variety of immigration services would rise an average of 66 percent, said two government officials who did not want to be named in advance of the administration's formal announcement of the proposal Wednesday.
The current fee of $330 to apply for citizenship would rise to slightly less than $600, an administration official said. Other fee increases are possible for green cards conveying legal residency, which now cost $325.
Applicants also now pay a $70 fingerprinting fee in each case. Fees also are paid for things such as work permits, replacing lost green cards and petitions to adopt orphans from other countries.
The proposed fee increases would not be final until after a public comment period.
Congressional Democrats last week warned in a letter to Emilio Gonzalez, director of the Homeland Security Department's Citizenship and Immigration Services, that they planned to review the agency's analyses behind any proposed immigration fee increases.
The letter was signed by Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., immigration subcommittee chairman Sen. Edward Kennedy, D-Mass., House Judiciary Committee Chairman John Conyers, D-Mich., and immigration subcommittee chairwoman Rep. Zoe Lofgren, D-Calif.
Immigration advocates have been bracing for the expected jump in fees. William Ramos, Washington director for the National Association of Latino Elected and Appointed Officials, said the increases are "just going to be devastating to our communities."
"It will basically create another obstacle for those who want to realize their dream of becoming American citizens," Ramos said.
Citizenship and Immigration Services covers its costs with application fees. The agency is required to do a fee analysis every two years to determine whether money raised from fees is covering costs. The agency last raised its fees in 2004, citing the cost of more intense background checks in the wake of the Sept. 11, 2001, terrorist attacks.
Immigrant advocates long have argued that the agency's costs cannot be absorbed by application fees. They want Congress to appropriate money to help pay costs.
Large fee increases would be heavily felt in the Asian community, where two-thirds of the population in the U.S. is foreign-born, said Traci Hong, director of the immigration program for the Asian American Justice Center.
About 70 percent of foreign-born Asians in the country become American citizens, a high rate for immigrants. Hong worried that higher naturalization fees would slow that rate.
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Omm
12-28 11:18 AM
This is my first post so forgive if I am not in the right place,
But I have situation where in I need your inputs to decide.
I am working at a clients place and they willing offer me a full time position.
My Labor is approved Oct 2007 and Filed for I-140 receipt pending.
In this situation should I change my job or should I wait for I 140 to be approved or wait till I apply for I 485 , but as you know the priority dates have retrogressed for EB2 and I heard that they will be unavailable shortly.
I always wanted to get a full time right from my Masters but ended up as a consultant as I had to get my H1 done.
Please Advice!
But I have situation where in I need your inputs to decide.
I am working at a clients place and they willing offer me a full time position.
My Labor is approved Oct 2007 and Filed for I-140 receipt pending.
In this situation should I change my job or should I wait for I 140 to be approved or wait till I apply for I 485 , but as you know the priority dates have retrogressed for EB2 and I heard that they will be unavailable shortly.
I always wanted to get a full time right from my Masters but ended up as a consultant as I had to get my H1 done.
Please Advice!
more...
howzatt
07-02 04:00 PM
Roughly $ 500.
Thanks ramus for starting this thread...
$500
Thanks ramus for starting this thread...
$500
adibhatla
06-24 03:54 PM
On Friday, Obama Press Secretary Robert Gibbs officially announced that the President was scheduled to call a small group of Congressional leaders and political leaders to the White House to open a dialogue on CIR next Thursday, 06/25/2009. Troublesome was another statement that recognizes the facts by the Press Secretary at the same press conference that the Congress did not have enough numbers to pass a CIR legislation. As we reported earlier, for a CIR to pass the Congress, it should pass both the Senate and the House. However, it is the House that lacks enough numbers at this time to pass a CIR legislation this year. There are a plenty of House legislators who represent districts that are politically not affected by the Hispanic population and their political pressures. These legislators usually form a group of Democratic represenstives who are either conservative and middle of the road in the political ideology. The situation tends to be different when it comes to the Senate that is consisted of legislators based on their statewide consistuencies as opposed to the House representatives that represent small neighborhood and district constituencies. The Senators' decisions are thus derived more from broader national political or statewide political issues and interests of the whole party. For this reasons, for the past several years, the Senate initiated and was able to pass CIR bills which have ended up in the ditch when it moved to the House floor. The background behind the Press Secretary's announcement downplaying the potential success of CIR within this year is their motivation to control unrealistic rise of expectation in the CIR supporting community on the President's initiatives that can also end up in another ditch with potential negative political fall-outs to his political leadership. The current politcal landscape and environment then raise two questions. The first question is whether the President and the Democratic Congress will have enough energy and zeal to successfuly change the existing political landscape, particularly in the House of Representatives, within such a limited time within this year. The Congress will soon go into the Summer recess and the remaining legislative days in the Congressional calendar for 2009 are very limited. The second question is why then Senate Majority leader, Sen. Harry Reid, has been spinning in media on his agenda to take up a CIR bill this fall with the full realization of political reality that can be ditched again in the House. It appears that part of such spinning is related to his own political future. His seat in the Senate will be up for reelection in the national mid-term election in 2010 and he needs a strong support from the Hispanic constituency in the State of Nevada. The Hispanic population has been rapidly growing durng the past several years in the State of Nevada. His push for a CIR will achieve his political calculation, no matter whether the bill will pass or fail in the Senate. Again, the chance for a CIR passing the Senate in 2009 is indeed very good as the chance for Senate Democrats pulling together 60 votes may turn realistic, particularly as affected by the final result of the current Senate election dispute in the State of Minnesota. In the very near future, the Minnesota Supreme Court is likely to hand down a decision sustaining the election of Mr. Al Franken, a progressive Democrat, as the next Senator, over the conservative former(?) Senator Norm Coleman. For the discussion per se, let's assume that the CIR fails to pass either in the Senate or in the House. The Senator Harry Reid will still get all the credits in his Hispanic constituency in the State of Nevada for his initiatives in the Senate to legislate a CIR!
All in all, year 2009 will turn out to be the only year that can pass a CIR because this is a so-called leap-year when there is no national reelection and the House members will be less affected by their activities this year. The key is whether the President Obama will have enough energy, steam, and polical motive to make a full-court pressing and arm-twisting of the conservative Democratic members in the House within a "very" short period of time, within this Summer or early fall at the latest. Currently, his and Democrats' top two reform agenda stay with the nation's health care and energy reforms. Until we see such full dedication and commitment of the President to the CIR within a given time, one should not raise the level of his/her hope or expectation too high as it will indeed bring out really devastating frustration and hopelessness in 2010 in that considering the November 2010 mid-year election, the chance for CIR next year will turn out to be very slim because of the rerunnng Democrats in the election from small districts that are not affected by the Hispanic political pressures. Until we see such solid momentum and heat of passion on the part of the President leading to quick actions in the near future, all the media campaign and spinning of news by the White House and the Senator Reid may have to be taken with caution and discount.
All in all, year 2009 will turn out to be the only year that can pass a CIR because this is a so-called leap-year when there is no national reelection and the House members will be less affected by their activities this year. The key is whether the President Obama will have enough energy, steam, and polical motive to make a full-court pressing and arm-twisting of the conservative Democratic members in the House within a "very" short period of time, within this Summer or early fall at the latest. Currently, his and Democrats' top two reform agenda stay with the nation's health care and energy reforms. Until we see such full dedication and commitment of the President to the CIR within a given time, one should not raise the level of his/her hope or expectation too high as it will indeed bring out really devastating frustration and hopelessness in 2010 in that considering the November 2010 mid-year election, the chance for CIR next year will turn out to be very slim because of the rerunnng Democrats in the election from small districts that are not affected by the Hispanic political pressures. Until we see such solid momentum and heat of passion on the part of the President leading to quick actions in the near future, all the media campaign and spinning of news by the White House and the Senator Reid may have to be taken with caution and discount.
more...
h1b_forever
05-18 12:08 PM
In the same lines as H1B, could we look into if its possible to add a quota for US Masters degree holders irrespective of country of birth for green Card also. This would be in addition to the existing Employment based quotas.
Does anyone know how they added 20k H1B quota for Masters degree holders? Who sponsored that bill? May be we should talk to the same people.
I would think there would be a little less resistance for this? This would ease the pressure on both EB2 and EB3.
I dont know if this has been previously looked at. I know there were talks of excluding these people from quota all together.
Does anyone know how they added 20k H1B quota for Masters degree holders? Who sponsored that bill? May be we should talk to the same people.
I would think there would be a little less resistance for this? This would ease the pressure on both EB2 and EB3.
I dont know if this has been previously looked at. I know there were talks of excluding these people from quota all together.
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abhijitp
07-06 02:18 PM
We need someone to youtube this and help with the media campaign!
And then we can try to make it one of the most watched videos-- provided of course that the coverage shows legal immigrants in good light.
And then we can try to make it one of the most watched videos-- provided of course that the coverage shows legal immigrants in good light.
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bluekayal
07-13 03:28 PM
Congratulations Dinesh Sharma. I had Sch A II - that got retrogressed -- and now job loss, so I am stuck. But I am happy for you. All the best.
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wrldnw4me
04-03 10:42 AM
Good Job
Thanks for Your efforts
Thanks for Your efforts
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tikka
07-02 05:01 PM
and the end of the your post .. will help us when we begin counting
thank you so much
thank you so much
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brawn81
05-12 11:54 AM
Obama playing games with immigration - CNN.com (http://www.cnn.com/2011/OPINION/05/12/navarrette.immigration.obama/index.html?hpt=T2)
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gc28262
03-11 11:52 PM
I never said you are working on %age basis. I know many H1Bs work on %age basis like independent contractors. This leads to benching and USCIS is trying to crack down on
that.
That is right. %age basis is not allowed on H1. In fact it is not the %age basis that causes the issue. Not paying on bench is the real issue.
that.
That is right. %age basis is not allowed on H1. In fact it is not the %age basis that causes the issue. Not paying on bench is the real issue.
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Jimi_Hendrix
06-26 02:38 PM
PD Aug 2001
RD Jan 2005
CSC case transfered to NSC in Feb 07
Senator Inquiry 5 days ago yielded result that cards will be ordered in 30 days.
RD Jan 2005
CSC case transfered to NSC in Feb 07
Senator Inquiry 5 days ago yielded result that cards will be ordered in 30 days.
more...
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Better_Days
04-29 01:36 PM
I was wondering if someone will mention F-22.
First of all, F-22 is not for sale. Period. There is no such thing as a close ally as far as F-22 is concerned. Even the Israelis got a curt NO when they wanted to buy it.
Second, IAF does not want the F-22. It is US$ 150 Million a piece which makes it almost twice as expensive as any of the planes being considered. Also, if you look at the IAF's area of operation: F-22 is an overkill. None of the neighboring countries and this includes China has capabilities that will necessitate something like F-22 to deal with.
First of all, F-22 is not for sale. Period. There is no such thing as a close ally as far as F-22 is concerned. Even the Israelis got a curt NO when they wanted to buy it.
Second, IAF does not want the F-22. It is US$ 150 Million a piece which makes it almost twice as expensive as any of the planes being considered. Also, if you look at the IAF's area of operation: F-22 is an overkill. None of the neighboring countries and this includes China has capabilities that will necessitate something like F-22 to deal with.
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karthiknv143
01-31 01:46 PM
Well, everyone wishes the rumour to be true.
But you know what, to realize the increase in fees for the I-485, they should allow people to file for it. Unless people start filing for I-485's they are not going to make the $2billion in 2 yrs. If retrogression continues, guess the fee increase doesn't make much sense.... Not sure whether I am right or wrong here.
But you know what, to realize the increase in fees for the I-485, they should allow people to file for it. Unless people start filing for I-485's they are not going to make the $2billion in 2 yrs. If retrogression continues, guess the fee increase doesn't make much sense.... Not sure whether I am right or wrong here.
more...
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wa_Saiprasad
07-04 09:29 PM
My company paid for attorney fees. I don�t know the amount for that. My wild guess would be 4000$
My pocket expense
$680 - medical tests
$75 - photographs
$50 - mailing fees.
$100 � Extra Day care expenses. My wife and I have wasted 2 working days for this filling, We had to work extra hours and week ends to compensate. Had to drop my kid at the day care extra hours when we were working extra hours.
My pocket expense
$680 - medical tests
$75 - photographs
$50 - mailing fees.
$100 � Extra Day care expenses. My wife and I have wasted 2 working days for this filling, We had to work extra hours and week ends to compensate. Had to drop my kid at the day care extra hours when we were working extra hours.
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gc_on_demand
06-12 09:39 AM
Thursday 06/12/2008 - 11:00 AM
2237 Rayburn House Office Building
Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law
Hearing on the Need for Green Cards for Highly Skilled Workers
2237 Rayburn House Office Building
Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law
Hearing on the Need for Green Cards for Highly Skilled Workers
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saimrathi
07-07 10:30 PM
Great job.. This is exactly what we need.. National coverage on this issue..
http://www.youtube.com/v/RVhgb6yoc8w
http://www.youtube.com/v/RVhgb6yoc8w
inthehole
07-21 02:35 PM
Renewal Filed & RD - June 16,2008
sent docs - June 24,2008
FP - July 12,2008
LUD - June 26, July 12, July 15, July 20
status - pending
sent docs - June 24,2008
FP - July 12,2008
LUD - June 26, July 12, July 15, July 20
status - pending
bindas74
06-10 01:28 PM
BTW, can you call and ask if you case is preadjudicated. In our case my #@$@ lawyer refuses call USCIS or allow us to initiate an SR (one of the reasons why we had no idea that we were stuck in namecheck)
ALIA post doesnt help India and China EB3's (i am EB3 too). Assuming that 50% of the people who pre adjudicated are from India with a 50-50 split between eb 2 &3. We cannot expect any movement because we have ~25k EB3's ready for approval with only 3-4k visas. Eb2's (I)could be in a slightly better situation by July '10 because of spillover from unused EB1's and EB2's. I am guessing that 12-15k EB 2's will benefit. The only sliver lining is that ROW's who had visa's available but were stuck due to processing delays will be relieved from the pain.
Hi 485Me and h1Tech,
I was trying to follow up on my RFE document submission. So, I called them up and said that the online status indicated that a decision would be made within 60 days and I am yet to receive any decision. THen she said that it's a standard message and that my case is pre-adjudicated ( meaning they have all the docs necessary to make a decision on my case ) and I should just wait for a Visa number. Hope this helps.
ALIA post doesnt help India and China EB3's (i am EB3 too). Assuming that 50% of the people who pre adjudicated are from India with a 50-50 split between eb 2 &3. We cannot expect any movement because we have ~25k EB3's ready for approval with only 3-4k visas. Eb2's (I)could be in a slightly better situation by July '10 because of spillover from unused EB1's and EB2's. I am guessing that 12-15k EB 2's will benefit. The only sliver lining is that ROW's who had visa's available but were stuck due to processing delays will be relieved from the pain.
Hi 485Me and h1Tech,
I was trying to follow up on my RFE document submission. So, I called them up and said that the online status indicated that a decision would be made within 60 days and I am yet to receive any decision. THen she said that it's a standard message and that my case is pre-adjudicated ( meaning they have all the docs necessary to make a decision on my case ) and I should just wait for a Visa number. Hope this helps.
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