desi3933
08-10 06:50 AM
Questions for everyone to research and post the answers------
........
-- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.
There is no such law that specifies any duration one has to be employed by GC (or AC-21) employer. Period.
However, there is a twist to it. As per law, the beneficiary MUST have intent to work for GC employer at the time of filing of I-485 and intent to work for AC-21 employer if invoking AC-21. However, this intent is to start work AFTER getting green card. The intent is subject to change, too.
By working for the employer for some duration, it is easier to demonstrate that person has intent to work for the employer for the full time job offered. This duration is not written in stone, and every lawyer interprets differently. For me (and this for just me), 90 days should be a safe duration, since it has been tested in courts that 90 days a long enough time when intent of the person can change. (This is known as 30-60-90 day intent rule). This is why lawyers usually advise to wait for 90 days when a person on single intent non-immigrant visa (such as B1 or F1) wants to file for I-130/I-140 and/or I-485.
______________________
Not a legal advice.
US citizen of Indian origin
........
-- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.
There is no such law that specifies any duration one has to be employed by GC (or AC-21) employer. Period.
However, there is a twist to it. As per law, the beneficiary MUST have intent to work for GC employer at the time of filing of I-485 and intent to work for AC-21 employer if invoking AC-21. However, this intent is to start work AFTER getting green card. The intent is subject to change, too.
By working for the employer for some duration, it is easier to demonstrate that person has intent to work for the employer for the full time job offered. This duration is not written in stone, and every lawyer interprets differently. For me (and this for just me), 90 days should be a safe duration, since it has been tested in courts that 90 days a long enough time when intent of the person can change. (This is known as 30-60-90 day intent rule). This is why lawyers usually advise to wait for 90 days when a person on single intent non-immigrant visa (such as B1 or F1) wants to file for I-130/I-140 and/or I-485.
______________________
Not a legal advice.
US citizen of Indian origin
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NKR
02-13 09:13 AM
"in india there is a proverb "ulta chor kotwaal ko daante" which exactly is the scenario ......"
Well, in that case you become a ulta employee and trouble your employer...
Well, in that case you become a ulta employee and trouble your employer...
dtekkedil
07-06 07:37 PM
^^^
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rally
07-02 03:53 PM
Medical Fees: $410 + Misc: $300 = $710
Attorney and mailing fees: employer
Attorney and mailing fees: employer
more...
keshtwo
08-09 08:21 PM
Yeah! DOL & USCIS tightening screws everywhere..
singhsa3
11-21 12:26 PM
Interestingly, on our last visit to DC two congressional offices asked the very same question. They were actually surprised to hear that there is a problem.
The baby that cries the most gets the milk first...
The question I was asked my the Congressional staff repeatedly was - 'If so many thousands are impacted, why are we seeing just 4-5 coming to DC asking for help?
The baby that cries the most gets the milk first...
The question I was asked my the Congressional staff repeatedly was - 'If so many thousands are impacted, why are we seeing just 4-5 coming to DC asking for help?
more...
ganguteli
06-02 11:01 AM
Dude....we need more people like you.......See below....
OpenCongress is a free, open-source, non-profit, and non-partisan web resource with a mission to make Congress more transparent and to encourage civic engagement. OpenCongress is a joint project of the Sunlight Foundation and the Participatory Politics Foundation. To read more about our approach, our data sources, and how Congress works, see About OpenCongress.
BS
Does it say that by voting, your votes will be sent to congress?
Do you know how your registeration data will be used?
Do you know how their organization is funded ?
I really wonder why people are so crazy about voting there. Educated illiterates is the right word. You guys are just promoting a website and the money they will make from your participation.
I can also make a webite that asks you to vote to remove poverty in India and say its is a free, open-source, non-profit, and non-partisan web resource with a mission to make Indian government more transparent, responsible and to encourage civic engagement. Do you really think you will vote? or your votes will be seen by Manmohan singh?
OpenCongress is a free, open-source, non-profit, and non-partisan web resource with a mission to make Congress more transparent and to encourage civic engagement. OpenCongress is a joint project of the Sunlight Foundation and the Participatory Politics Foundation. To read more about our approach, our data sources, and how Congress works, see About OpenCongress.
BS
Does it say that by voting, your votes will be sent to congress?
Do you know how your registeration data will be used?
Do you know how their organization is funded ?
I really wonder why people are so crazy about voting there. Educated illiterates is the right word. You guys are just promoting a website and the money they will make from your participation.
I can also make a webite that asks you to vote to remove poverty in India and say its is a free, open-source, non-profit, and non-partisan web resource with a mission to make Indian government more transparent, responsible and to encourage civic engagement. Do you really think you will vote? or your votes will be seen by Manmohan singh?
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vivekjay
08-07 07:09 PM
F1 is not an option. To get an F-1 you have to prove intent to move back once your education is over. Being married to a permanent resident its almost impossible to prove that. This is a very tough situation. H-1 and L-1 are options but that depends on her educational background and line of work. One thing i would recommend if you plan to continue your stay in US is apply for her visitor visa before your marriage if you have enough time before your wedding. Atleast she can come visit you if she gets a multiple entry visa. Once you are married you can kiss good bye to the visitor visa option too.
It is not advisable to lie in your application about the wedding. If they find you of comitting fraud they can give you a 3 to 10 year ban from entering united states depending on the seriousness of the fraud.
It is not advisable to lie in your application about the wedding. If they find you of comitting fraud they can give you a 3 to 10 year ban from entering united states depending on the seriousness of the fraud.
more...
h1techSlave
11-09 05:15 PM
Wow! Yours is so quick. Did you expedite it?
No. But I am yet to get the actual approval. This can take anywhere from one week to a couple of months :( Plus my wife's application is still in the Review stage :(
No. But I am yet to get the actual approval. This can take anywhere from one week to a couple of months :( Plus my wife's application is still in the Review stage :(
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guchi472000
05-31 03:58 AM
Yes... 368:)
Keep voting guys........ Lets see it will help or not......
Keep voting guys........ Lets see it will help or not......
more...
walking_dude
10-11 04:51 PM
I don't know why some people have issues with everything?!
If all those demands, that you blame, are passed - PD will move by at least a couple of years. Many, if not all, will be able to apply and get GCs faster too (as GCs are given by PD). That will definitely help the oldtimers.
I support your cause. It should be possible to apply 485 even if dates are not current. However, it's never achieved by creating acrimony in the EB Immigrant community - H1 vs EAD, H1 vs F1, Oldtimer vs NewComer etc.
There used to be a time when the ability to apply for I485 even during retrogression. was of the highest priority for IV. Now majority of the IV members (hopefully) belong to post I485 filing group. Now the amount of green cards for employment category, exemptions from quota for family members, US degree holders etc, and country quota may be the higher priority issues if one goes by the numbers.
If all those demands, that you blame, are passed - PD will move by at least a couple of years. Many, if not all, will be able to apply and get GCs faster too (as GCs are given by PD). That will definitely help the oldtimers.
I support your cause. It should be possible to apply 485 even if dates are not current. However, it's never achieved by creating acrimony in the EB Immigrant community - H1 vs EAD, H1 vs F1, Oldtimer vs NewComer etc.
There used to be a time when the ability to apply for I485 even during retrogression. was of the highest priority for IV. Now majority of the IV members (hopefully) belong to post I485 filing group. Now the amount of green cards for employment category, exemptions from quota for family members, US degree holders etc, and country quota may be the higher priority issues if one goes by the numbers.
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makemygc
07-06 06:28 PM
just been informed that the newscast is going is to happen tommorow. apparently there was some "breaking" news!! guys make sure you tune in tomorrow!!
So far there is nothing broadcasted which seemed to be breaking news.
So far there is nothing broadcasted which seemed to be breaking news.
more...
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vrbest
10-03 04:35 PM
Got my EAD Card. My wife's approved on Oct 1st - My son's approved today.
Took close to 90 days with NSC.
Took close to 90 days with NSC.
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regacct
07-07 08:19 AM
Over 60% of the US and 90% of Arizona supports the law they passed. Obama and his Attorney General are doing the wrong thing by interfering with state politics. How can these high ranking officials tell state law enforcement NOT TO enforce laws? The Supreme court will favor AZ even before the case starts. Slam Dunk.
Immigration issues are handled by the Federal govt and Arizona is encroaching upon the Fed, and making laws - that is why the Obama govt is calling it unconstitutional.
Secondly, if you want the green card, you better support the feds. Reason, if other states keep passing laws such as AZ, even if nothing happens initially to the legal immigrants - it won't be long before you will be targeted.
Besides, which state law should the USCIS confer to? If your wait is long now, if you believe that USCIS is inefficient - just wait until all the states pass AZ laws..............
Immigration issues are handled by the Federal govt and Arizona is encroaching upon the Fed, and making laws - that is why the Obama govt is calling it unconstitutional.
Secondly, if you want the green card, you better support the feds. Reason, if other states keep passing laws such as AZ, even if nothing happens initially to the legal immigrants - it won't be long before you will be targeted.
Besides, which state law should the USCIS confer to? If your wait is long now, if you believe that USCIS is inefficient - just wait until all the states pass AZ laws..............
more...
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knacath
10-19 02:57 PM
Ap
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perm2gc
05-15 01:44 PM
The Bill has gone too far from what it means.Why didn't the congressman ask the American employers the same questions they asked other big companies.The H1 and L1 classifications allows them for gouging but the bill is not the answer for it.They are trying to show the stats that supports their insane bill.
more...
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needhelp!
02-08 04:26 PM
If I were you, I would talk about my problem and how frustrated I am to ALL my colleagues and friends and well-wishers and get atleast 100 letters that will help to pass the "filing before PD current" admin fix which is part of the current campaign.
I dont see any light at the tunnel. PDs will not move until they allow 485 filing even PD is not current.
I dont see any light at the tunnel. PDs will not move until they allow 485 filing even PD is not current.
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logiclife
02-20 08:27 PM
I recant my earlier outburst at mercies since I realize that he was acting as a messenger to the problem. Sorry for the offense mercies.
There are many people who would just run away from effort when doubts are raised and since people of afraid of being punished for just advocating a public policy or writing a letter to congress in the first place. I would request you to not reproduce posts here or on portal that would echo the material the plants fear and doubts among members.
--logiclife.
There are many people who would just run away from effort when doubts are raised and since people of afraid of being punished for just advocating a public policy or writing a letter to congress in the first place. I would request you to not reproduce posts here or on portal that would echo the material the plants fear and doubts among members.
--logiclife.
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willgetgc2005
04-01 05:19 PM
Sent fax.
satishku_2000
07-13 07:36 PM
Taking up the DREAM Act issue will strengthen the IV cause...by showing how legals are getting short-changed from every angle on the entire immigration issue.
It requires a very small change in the DREAM Act as contained in CIR. Just remove the clause that says it will apply to Z visa holders. In any case, Z visa no longer exists since CIR failed. But I am afraid the will replace it by some condition requiring undocumented presence. Remaining conditions apply to legals as well:
(from the failed CIR)
� Have maintained continuous physical presence in the U.S. since 1/1/07
� Was under 30 years of age on date of enactment
� Was under age 16 at time of initial entry into U.S.
� Have obtained U.S. high school diploma or GED
� Have not been absent from the U.S. for more than 365 total days during period of conditional residence (except those absent due to U.S. military service)
� Have acquired a degree from a U.S. higher ed institution; or completed 2 years in Bachelor�s degree program or higher at such an institution; or have served at least 2 years in the U.S. military
� Has provided a list of all of the secondary educational institutions he or she has attended in the U.S
If the push is for amendment to include legal kids , I would be more than happy to support any effort. I can only offer tepid support if it is exclusively for kids of undocumented people. Both kind of kids are here because of their parents' actions.
Agree with you on the point that any request for amendments to include documented kids should increase the visibility for IV ..
It requires a very small change in the DREAM Act as contained in CIR. Just remove the clause that says it will apply to Z visa holders. In any case, Z visa no longer exists since CIR failed. But I am afraid the will replace it by some condition requiring undocumented presence. Remaining conditions apply to legals as well:
(from the failed CIR)
� Have maintained continuous physical presence in the U.S. since 1/1/07
� Was under 30 years of age on date of enactment
� Was under age 16 at time of initial entry into U.S.
� Have obtained U.S. high school diploma or GED
� Have not been absent from the U.S. for more than 365 total days during period of conditional residence (except those absent due to U.S. military service)
� Have acquired a degree from a U.S. higher ed institution; or completed 2 years in Bachelor�s degree program or higher at such an institution; or have served at least 2 years in the U.S. military
� Has provided a list of all of the secondary educational institutions he or she has attended in the U.S
If the push is for amendment to include legal kids , I would be more than happy to support any effort. I can only offer tepid support if it is exclusively for kids of undocumented people. Both kind of kids are here because of their parents' actions.
Agree with you on the point that any request for amendments to include documented kids should increase the visibility for IV ..
akp
07-02 04:57 PM
medical: $400 + waiting to hear from insurance if covered for tests and x-rays
Travel : 300 miles ~$100
Photo + photocopy etc ~ $100
Lawyers fee: paid by company
getting Bcs from India at short notice: ~$100 (know why!)
Taking leave from work : 3 days~$700
making parents run around babus in May heat : incalculable
our personal anxiety and anguish: incalculable
:mad: :mad: :mad: :mad: :mad: :mad:
Travel : 300 miles ~$100
Photo + photocopy etc ~ $100
Lawyers fee: paid by company
getting Bcs from India at short notice: ~$100 (know why!)
Taking leave from work : 3 days~$700
making parents run around babus in May heat : incalculable
our personal anxiety and anguish: incalculable
:mad: :mad: :mad: :mad: :mad: :mad:
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