meridiani.planum
05-15 12:31 PM
(Please bear with me.. yet another thread on AC21)
I am planning to work for a company (a state government agency) using EAD as a contractual employee/consultant (paid per hr).
I will be on company's payroll but they don't give any offer letter like they do for their permanent employees.
They said, they cannot issue an offer letter for contractual employee/consultant as we work on hourly basis.
(their offer contains the benefits and other state government related rules)
My question: (about AC21)
Is offer letter necessary if I need to inform USCIS or if they request my employment details.
OR
A letter verifying my employment from the employer & proving that it is similar job is sufficient?
I read in other posts that, they submitted a letter verifying employment(similar job) and the offer letter.
As I won't have an offer letter, will that be OK?
I searched other posts in Immigrationvoice website but couldn't find any post which answers my question.
I really appreciate your answer /point to a source where I can find more information about the same.
Thank you
in addition to the same-similar requirement of the new job, it also needs to be a 'permanent' one. I am not sure if this temporary/contract job will qualify for that. Check with an attorney before you take up this offer.
Doing it on the side part-time using your EAD while you are working for someone else fulltime should be ok in this regard. Having only this contract position can be potentially troublesome...
I am planning to work for a company (a state government agency) using EAD as a contractual employee/consultant (paid per hr).
I will be on company's payroll but they don't give any offer letter like they do for their permanent employees.
They said, they cannot issue an offer letter for contractual employee/consultant as we work on hourly basis.
(their offer contains the benefits and other state government related rules)
My question: (about AC21)
Is offer letter necessary if I need to inform USCIS or if they request my employment details.
OR
A letter verifying my employment from the employer & proving that it is similar job is sufficient?
I read in other posts that, they submitted a letter verifying employment(similar job) and the offer letter.
As I won't have an offer letter, will that be OK?
I searched other posts in Immigrationvoice website but couldn't find any post which answers my question.
I really appreciate your answer /point to a source where I can find more information about the same.
Thank you
in addition to the same-similar requirement of the new job, it also needs to be a 'permanent' one. I am not sure if this temporary/contract job will qualify for that. Check with an attorney before you take up this offer.
Doing it on the side part-time using your EAD while you are working for someone else fulltime should be ok in this regard. Having only this contract position can be potentially troublesome...
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mpadapa
07-10 04:30 PM
We should focus on all 3 Lofgren bills (HR 5882, 5921 and 6039), by cherry picking one bill is not going to provide relief to the entire community. Hey isn't USCIS already following something similar to 5921 by rolling over unused visa's from ROW to retrogressed countries. USCIS hasn't been wasting lots of visa's for the past 2 years (2006-7 and 2007-8). By just supporting HR5921 we are creating a rift between ROW and retrogressed countries. HR5921 along with the other 2 bills is the only way the entire community can benefit.
howzatt
11-07 01:09 PM
I don't think so. We got our FP appointment on the 20th but we already have our EAD two weeks ago.
What's your receipt date?
08/13/07.
Was your FP appointment a "Code 3"? I managed to get a infopass appointment on Nov 14th(more than 90 days from receipt date) just to be on the safe side. Lets see what happens.
What's your receipt date?
08/13/07.
Was your FP appointment a "Code 3"? I managed to get a infopass appointment on Nov 14th(more than 90 days from receipt date) just to be on the safe side. Lets see what happens.
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insbaby
08-15 11:54 AM
http://travel.state.gov/visa/frvi/bulletin/bulletin_4328.html
Sorry..If I post late..
What do you think about that? Shall we start the discussion.
Sorry..If I post late..
What do you think about that? Shall we start the discussion.
more...
fatjoe
10-21 09:12 AM
Pls answer:
Some forums say that a person must quit the job while the other forums say that you can be on unpaid vacation while waiting on EAD Renewal. Pls let me know, isn't this enough to be on unpaid vacation.
Also, how does INS verifythat if we were working or not while waiting on EAD renewal. Does it call the concerned employer or verify paystubs
Some forums say that a person must quit the job while the other forums say that you can be on unpaid vacation while waiting on EAD Renewal. Pls let me know, isn't this enough to be on unpaid vacation.
Also, how does INS verifythat if we were working or not while waiting on EAD renewal. Does it call the concerned employer or verify paystubs
JulyFiler
10-12 06:41 PM
Its always easier if you can talk to somebody face to face....
and also resolves any ambiguity on their side.. ;)
and also resolves any ambiguity on their side.. ;)
more...
giddi_raja@yahoo.com
07-26 10:07 AM
Friends,
Initially I opted for consular processing, thinking that I may go to India in future and paid all the visa fees and all to NVC in the beginning itself.
Since I was here when the priority dates became current in June, I have sent the AOS packet to my employer to adjust status in US. My employer did not file AOS with USCIS in the given time frame of June (my Priority date is Apr 2003). As you know USCIS changed the visa bulleitn on July 2nd saying that they were not accepting any more AOS applications. I thought I lost this opportunity and planned to continue with consular processing which I opted initially.
Mean while, I have received packet 3 (DS 230 Part 1) from NVC on 9th July. I filled the packet 3 and sent to NVC on 10th July. As you know USCIS revised the visa bulleitn on 17th July to accept AOS applications. So my employer sent the AOS application to USCIS on 18th July.
As of 20th July, my packet 3 was reviewed by NVC and they said it was ready to go embassy abroad. I thought I made a mistake. I would have continued with Consular process and would have obtained the GC in 2-3 months at this stage. Recently I wrote a letter to NVC saying to keep the file at NVC until USCIS requests it for AOS processing as my employer filed AOS.
1- Will NVC keeps the file with them until USCIS requests it for AOS processing or just sends it to consulate as USCIS may delay sending the request due to the volume of applications. I am not sure whether they will consider my written note or not.
2- Are there are any complications here which may delay my GC processing?
I appreciate your help in this regard.
Initially I opted for consular processing, thinking that I may go to India in future and paid all the visa fees and all to NVC in the beginning itself.
Since I was here when the priority dates became current in June, I have sent the AOS packet to my employer to adjust status in US. My employer did not file AOS with USCIS in the given time frame of June (my Priority date is Apr 2003). As you know USCIS changed the visa bulleitn on July 2nd saying that they were not accepting any more AOS applications. I thought I lost this opportunity and planned to continue with consular processing which I opted initially.
Mean while, I have received packet 3 (DS 230 Part 1) from NVC on 9th July. I filled the packet 3 and sent to NVC on 10th July. As you know USCIS revised the visa bulleitn on 17th July to accept AOS applications. So my employer sent the AOS application to USCIS on 18th July.
As of 20th July, my packet 3 was reviewed by NVC and they said it was ready to go embassy abroad. I thought I made a mistake. I would have continued with Consular process and would have obtained the GC in 2-3 months at this stage. Recently I wrote a letter to NVC saying to keep the file at NVC until USCIS requests it for AOS processing as my employer filed AOS.
1- Will NVC keeps the file with them until USCIS requests it for AOS processing or just sends it to consulate as USCIS may delay sending the request due to the volume of applications. I am not sure whether they will consider my written note or not.
2- Are there are any complications here which may delay my GC processing?
I appreciate your help in this regard.
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senk1s
12-21 04:20 PM
someone in our office got EAD for 15 months ...
more...
pbuckeye
03-17 03:10 PM
This is an extremely scary scenario. What does a client letter for H1B have to do with a previously approved I-140 application.
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raydhan
04-25 10:15 AM
So far we've seen Senators Kennedy, Feinstein, Cornyn, Kyl, Specter, and Sessions.
more...
indigo10
03-04 12:45 PM
which consulate did she go to,hyderabad or chennai,which one is better.
She went to HYD.
She went to HYD.
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kak1978
03-30 11:53 AM
When I got my RFE during 140 stage they have requested 3 different things in one RFE letter. I don't know if the same applies for 485 stage.
more...
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vparam
07-18 05:15 PM
Hi,
I applied I-140 using substituted labor(13th July 2007, receipt no yet to come) on future employment basis ....
Since, USCIS has allowed filing for I-485, I wanted to file my I485, with my future employer but he is not ready to file I485 until I come to his payroll.
I need your valuable suggestions to make my decision, my questions are:
1. If I want to join on his payroll, I have to leave my existing company/Client, so that I485 can be filed ... Should I agree for this? what's your opinion???
2.How safe do you think, idea of leaving my current established long term client and finding new client through him , for filing i485 purpose ?
3. Also, I am not sure about how/when my labor substitution will be approved? And in worst case, if it gets rejected, where I am going to be( I completed 3.5 years on my H1 visa which means I have 2.5 years remaining in my 6 year)???
5.What are the benefits (and in what timeframe) I can expect if I decide to file I485 now ?
Many Thanks in Advance!!
It is safer to join the company if they are filing your 485. since otherwise it is an issue for them and you.
I applied I-140 using substituted labor(13th July 2007, receipt no yet to come) on future employment basis ....
Since, USCIS has allowed filing for I-485, I wanted to file my I485, with my future employer but he is not ready to file I485 until I come to his payroll.
I need your valuable suggestions to make my decision, my questions are:
1. If I want to join on his payroll, I have to leave my existing company/Client, so that I485 can be filed ... Should I agree for this? what's your opinion???
2.How safe do you think, idea of leaving my current established long term client and finding new client through him , for filing i485 purpose ?
3. Also, I am not sure about how/when my labor substitution will be approved? And in worst case, if it gets rejected, where I am going to be( I completed 3.5 years on my H1 visa which means I have 2.5 years remaining in my 6 year)???
5.What are the benefits (and in what timeframe) I can expect if I decide to file I485 now ?
Many Thanks in Advance!!
It is safer to join the company if they are filing your 485. since otherwise it is an issue for them and you.
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beautifulMind
06-21 11:59 AM
The information was a feed from my lawyer..here is the link to the article..I think it is just their interpretation
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8d3d061006d75c47852572ff00687697?OpenDocument
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8d3d061006d75c47852572ff00687697?OpenDocument
more...
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a_yaja
06-29 08:22 PM
I think my question is that :
Can one change the job immediately after receiving the GC? Somebody mentioned that
My question is, how USCIS would know if you change job after getting the GC?
Your employer can inform USCIS that you quit as soon as you got your GC. USCIS will then revoke the GC.
It is better for you to use AC21 and join a new job than quit the day after your GC has been approved. Although many people suggest to wait 6 months, I feel if you quit anytime before 2 yrs, the onus will be on you to prove that you did not intend to abandon your employer - if your employer goes to USCIS and complains. If the company is doing well and they have not treated you badly (for e.g. given you raise, promotion, etc.) - then it will be extremely difficult for you to prove that you are not to blame. After 2 yrs, however, it is up to USCIS/ employer to prove that you intended to abandon employment as soon as you got your GC (if any questions arise or employer complains to USCIS). This is just my opinion - but talk to a good lawyer if you intend to quit as soon as you got your GC.
As far as you breaking the contract is concerned, if the contract says that you cannot quit for one yr after GC - and if you quit, then you have to pay GC costs - then they can come after you legally if you quit and do not pay the GC processing amount. However, if the contract says you must work for one yr after GC and there is no break clause, they cannot come after you legally (except ofcourse to complain to USCIS - in which case USCIS can revoke the GC).
Can one change the job immediately after receiving the GC? Somebody mentioned that
My question is, how USCIS would know if you change job after getting the GC?
Your employer can inform USCIS that you quit as soon as you got your GC. USCIS will then revoke the GC.
It is better for you to use AC21 and join a new job than quit the day after your GC has been approved. Although many people suggest to wait 6 months, I feel if you quit anytime before 2 yrs, the onus will be on you to prove that you did not intend to abandon your employer - if your employer goes to USCIS and complains. If the company is doing well and they have not treated you badly (for e.g. given you raise, promotion, etc.) - then it will be extremely difficult for you to prove that you are not to blame. After 2 yrs, however, it is up to USCIS/ employer to prove that you intended to abandon employment as soon as you got your GC (if any questions arise or employer complains to USCIS). This is just my opinion - but talk to a good lawyer if you intend to quit as soon as you got your GC.
As far as you breaking the contract is concerned, if the contract says that you cannot quit for one yr after GC - and if you quit, then you have to pay GC costs - then they can come after you legally if you quit and do not pay the GC processing amount. However, if the contract says you must work for one yr after GC and there is no break clause, they cannot come after you legally (except ofcourse to complain to USCIS - in which case USCIS can revoke the GC).
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CADude
07-31 10:14 PM
Don't worry.
My friend filed on June 10 and travelled to india on 12th June. He apperared in US consulate in mid June and got 3 year visa extn. He was back on country on July 7th. He completed his FP on July 13rd. I was looking his mailbox in his absense and informed him for FP notice. So please make similar arrangement.
Hope this helps.
My 485 petition reached USCIS on July 18th and I am travelling to India on August 17th, I have my h1b visa stamping at Chennai on August 21st. My employer and his attorney strongly recommend not to travel until we get the reciept notice.
Murthy's FAQ is confusing, does not say one must not travel, but says it will be better if one can avoid travel.
Is anyone else in the same boat? My travel is essential. It is my brother's marriage and I have to be there.
Any takes on this? Has anyone called USCIS?
Thanks
My friend filed on June 10 and travelled to india on 12th June. He apperared in US consulate in mid June and got 3 year visa extn. He was back on country on July 7th. He completed his FP on July 13rd. I was looking his mailbox in his absense and informed him for FP notice. So please make similar arrangement.
Hope this helps.
My 485 petition reached USCIS on July 18th and I am travelling to India on August 17th, I have my h1b visa stamping at Chennai on August 21st. My employer and his attorney strongly recommend not to travel until we get the reciept notice.
Murthy's FAQ is confusing, does not say one must not travel, but says it will be better if one can avoid travel.
Is anyone else in the same boat? My travel is essential. It is my brother's marriage and I have to be there.
Any takes on this? Has anyone called USCIS?
Thanks
more...
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saint_2010
08-14 06:19 PM
test
what a wuse!!!:p
what a wuse!!!:p
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krishnam70
02-27 01:36 PM
I heard from somebody (may be my information is wrong) that even though you are in US, you can still have consulate processing. The only limitation is you can be in US only on H1B/H4 and you need to be present for Immigrant Visa (GC) in consulate in very short period of notice when GC is available.
Anybody has any idea about this??
You are correct, usually on you I 140 you specify if you are going to use AOS or consular processing. I think you can change from AOS to Consular processing at any time use form I-824. There is a process defined for this please check with your attorney. You might still need some kind of visa/documentation to be able to travel. Personally I suggest AP taking in to account the current economic conditions though it might be a little expensive.
- cheers
kris
Anybody has any idea about this??
You are correct, usually on you I 140 you specify if you are going to use AOS or consular processing. I think you can change from AOS to Consular processing at any time use form I-824. There is a process defined for this please check with your attorney. You might still need some kind of visa/documentation to be able to travel. Personally I suggest AP taking in to account the current economic conditions though it might be a little expensive.
- cheers
kris
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go_guy123
04-05 04:01 PM
One of my friends who have finished Ph.D in computer science in year 2001 in US, he still found difficulty to get a job at that time and then left US. Suppose right now you have Ph.D in STEM, you still need the employer sponsorship for H-1b and then GC. If no employer sponsorship, even you have Ph.D, so how can you get the GC???????? So I do love getting Ph.D without tied to employers' sponsorship for GC may be much better!!!!!!!!! It is because some employers may find filing H-1b is both time- and money- consuming process and some employers may not like it!!!!!
Yes PhD itself takes 6 years and you get 1000$ each month during that period. Even after that you have to do a 1 year Post doc at 35K / annum. Hopefully after that you can land into a faculty position of 60 to 65K. Practically you have to endure 7 years of just subsistence living. Not to mention your adviser knows that you are foreign student and expect more work as RA. You are better off with 7 years on EB2 or even EB3. At least your employer is paying you more than 1000$ per month.
Lately there is an over supply of PhD from the tech downturn when many students
went in for PhD instead of working after MS. With budget cuts at state level and excess
of existing faculty (as STEM undergrad went down after the tech downturn), newly minted PhD can hardly get a faculty position unless you are from top branded schools like Stanford, etc.
Yes PhD itself takes 6 years and you get 1000$ each month during that period. Even after that you have to do a 1 year Post doc at 35K / annum. Hopefully after that you can land into a faculty position of 60 to 65K. Practically you have to endure 7 years of just subsistence living. Not to mention your adviser knows that you are foreign student and expect more work as RA. You are better off with 7 years on EB2 or even EB3. At least your employer is paying you more than 1000$ per month.
Lately there is an over supply of PhD from the tech downturn when many students
went in for PhD instead of working after MS. With budget cuts at state level and excess
of existing faculty (as STEM undergrad went down after the tech downturn), newly minted PhD can hardly get a faculty position unless you are from top branded schools like Stanford, etc.
gconmymind
10-31 04:31 PM
I just got notice from my employer for 485 petition return (Not I-140 RFE). USCIS sent notice on 09/26/2007.
Dear Applicant or Representative:
Your I-485 Application to Register Permanent Residence or Adjust Status is being returned because it must be demonstrated from the priority date of your approved I-140/I-360/I-526 that there is avisa available for you from your home country. Please provide evidence that your priority date does have visas available for your home country when you resubmit your application. All other adjustment applications must be filled at the local district office.
Sincerely:
Director
Texas Service Center
Try to find more info from USCIS toll free number. Ask your lawyer also. To me, it looks like a mistake. You filed on 14th Aug and all EB categories were current at that time.
Dear Applicant or Representative:
Your I-485 Application to Register Permanent Residence or Adjust Status is being returned because it must be demonstrated from the priority date of your approved I-140/I-360/I-526 that there is avisa available for you from your home country. Please provide evidence that your priority date does have visas available for your home country when you resubmit your application. All other adjustment applications must be filled at the local district office.
Sincerely:
Director
Texas Service Center
Try to find more info from USCIS toll free number. Ask your lawyer also. To me, it looks like a mistake. You filed on 14th Aug and all EB categories were current at that time.
INSpector
08-14 05:24 PM
I dont think you are the real Mr Barret, as far as I know he is in the receiving booth number 2 and he is 45 years old. I doubt he is the one using the system. (personal perception) I live about 30 minutes from Lincon Nebraska........... I will go to ask you personally tomorow , and post the true in here for everybody
:(
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