GCwaitforever
06-30 02:08 PM
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).
Had anyone contacted a lawyer and used AC21 provisions before? It would be good to know from the people who had done it instead of speculating here.
Had anyone contacted a lawyer and used AC21 provisions before? It would be good to know from the people who had done it instead of speculating here.
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dagrawal
02-01 12:39 AM
Hi,
I had a similar case, and we could solve it. For company's ability to pay, USCIS considers following things:
1. The W2 wages should be more than or equal to the proferred wage on PERM application. Keep in mind, its not only the current W2, but the all W2s starting from PERM file date (i.e. Priority Date). Any bonus, stock options, retirement options do not count. USCIS would need to see the money on W2.
2. If the money on your W2 is less than proferred wage for any fiscal year, then your company has to prove that they had enough money (in bank account or other assets) to pay the DIFFERENCE between the proferred wage and W2 for that year. There are two ways to prove it:
a. Company's net income (i.e. profit) for that particular fiscal year is more than the difference between W2 and proferred wage.
"OR" (its not "AND", its "OR")
b. Company's net worth for that particular fiscal year is more than the difference between W2 and proferred wage
In my case, my W2 was substantially less than the proferred wage. Moreover, the company's net profit in was not enough the bridge the gap. So I basically survived by the fact that my company's net worth (after excluding all the current liabilities) was more than the gap. I guess, in most of the cases, company has enough cash or assets to prove they are not debt ridden.
Let me know if you have any other related question.
Thanks
Deepak
I had a similar case, and we could solve it. For company's ability to pay, USCIS considers following things:
1. The W2 wages should be more than or equal to the proferred wage on PERM application. Keep in mind, its not only the current W2, but the all W2s starting from PERM file date (i.e. Priority Date). Any bonus, stock options, retirement options do not count. USCIS would need to see the money on W2.
2. If the money on your W2 is less than proferred wage for any fiscal year, then your company has to prove that they had enough money (in bank account or other assets) to pay the DIFFERENCE between the proferred wage and W2 for that year. There are two ways to prove it:
a. Company's net income (i.e. profit) for that particular fiscal year is more than the difference between W2 and proferred wage.
"OR" (its not "AND", its "OR")
b. Company's net worth for that particular fiscal year is more than the difference between W2 and proferred wage
In my case, my W2 was substantially less than the proferred wage. Moreover, the company's net profit in was not enough the bridge the gap. So I basically survived by the fact that my company's net worth (after excluding all the current liabilities) was more than the gap. I guess, in most of the cases, company has enough cash or assets to prove they are not debt ridden.
Let me know if you have any other related question.
Thanks
Deepak
PDOCT05
11-06 01:38 PM
^^^^^^^^^^^Bump It^^^^^^^^^^^^^^
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mchundi
02-25 06:15 PM
At the same time we should not forget that
1) If/When labor substitution is banned, many labors coming out of PBEC/DBEC will be useless. My guess is this number will be big. How many folks from 2000/2001 are still in the same firm at the same position/salary?
2) With advanced degree in STEM + 3 years work-ex now not a part of this number, this will bring some relief
3) PhD's will not be counted against the cap
Wouldn't #1 and #2 above make a significant difference?
The most significant would still be the recaptured numbers.
--MC
1) If/When labor substitution is banned, many labors coming out of PBEC/DBEC will be useless. My guess is this number will be big. How many folks from 2000/2001 are still in the same firm at the same position/salary?
2) With advanced degree in STEM + 3 years work-ex now not a part of this number, this will bring some relief
3) PhD's will not be counted against the cap
Wouldn't #1 and #2 above make a significant difference?
The most significant would still be the recaptured numbers.
--MC
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kishdam
02-04 02:28 PM
This is true but do remember the following:
1.your "approved" I-140 can be revoked any time.
2.Your I-485 can be denied for any reason.
so it's must that if you leave current job, do maintain good relationship with GC sponsor employer, you still need their support to have a smooth sail.
Hi MunnaBhai,
I thought revocation of approved I-140 after 180+ days of 485 will not affect the 485 application (provided the ported job is same/similar). Is that right?
Of course I understood your and pappu's basic point that EAD+AP+485 that is pending 180 days+AC21 does not really equal greencard because there are still many things that can go wrong. But on paper, the revocation of I140 itself should not affect - let me know if I am wrong in my understanding.
Staying at the sponsored company till GC approval may be best (from GC point of view) - but if we have to change, AC21 is a good thing. But I heard some stories which makes me nervous - one such story is someone's 485 was rejected without NOID (notice of intention to deny) and he came to know only when EAD renewal was rejected. The reason given was that underlying I140 was revoked - even though his 485 was pending 180+ days. I read this story somewhere, not sure what happened. Maybe an appeal might have corrected it but its still pain. AC21 can never really replace the peace of mind of having real GC. Also the provision of working in same/similar job and its interpretation is vague and may not workout well for many.
Hope the drive by IV for admintrative reforms to avoid issues like as above will succeed and we can rest a bit more peacefully.
1.your "approved" I-140 can be revoked any time.
2.Your I-485 can be denied for any reason.
so it's must that if you leave current job, do maintain good relationship with GC sponsor employer, you still need their support to have a smooth sail.
Hi MunnaBhai,
I thought revocation of approved I-140 after 180+ days of 485 will not affect the 485 application (provided the ported job is same/similar). Is that right?
Of course I understood your and pappu's basic point that EAD+AP+485 that is pending 180 days+AC21 does not really equal greencard because there are still many things that can go wrong. But on paper, the revocation of I140 itself should not affect - let me know if I am wrong in my understanding.
Staying at the sponsored company till GC approval may be best (from GC point of view) - but if we have to change, AC21 is a good thing. But I heard some stories which makes me nervous - one such story is someone's 485 was rejected without NOID (notice of intention to deny) and he came to know only when EAD renewal was rejected. The reason given was that underlying I140 was revoked - even though his 485 was pending 180+ days. I read this story somewhere, not sure what happened. Maybe an appeal might have corrected it but its still pain. AC21 can never really replace the peace of mind of having real GC. Also the provision of working in same/similar job and its interpretation is vague and may not workout well for many.
Hope the drive by IV for admintrative reforms to avoid issues like as above will succeed and we can rest a bit more peacefully.
japs19
02-26 03:13 PM
If an employer A filed for LC and I-140/I-485 for an employee X is working for employer A on H-1 or any temporary work visa, and if employee X changes a job and goes to work for employer B than employee X is NOT working for original petitioner or say GC Sponsoring Employer...period.
Once can explain laws of AC-21 to CBP officer and try that luck if one senses any trouble but keep the honesty folks...the last thing you want to do is lie and explain that you said that because in your interpretation it isn't.
Not Sure if We can Answer "yes" if they ask if you or still working for
the GC Sponsoring Employer.
My Understanding is that your GC Sponsoring Employer is the One who
has filed your "I-140"
When we Use AC21 we move to the New Employer.
I Could be wrong here.
EndlessWait has brougt up an Interesting Point.
I have posted this question for Attorney Prashanti Reddy.
If She Answers my quesetion on March 1st we can Ask her, if we can answer
"Yes" if the CBP Officer @ the POE asks the above question.
Once can explain laws of AC-21 to CBP officer and try that luck if one senses any trouble but keep the honesty folks...the last thing you want to do is lie and explain that you said that because in your interpretation it isn't.
Not Sure if We can Answer "yes" if they ask if you or still working for
the GC Sponsoring Employer.
My Understanding is that your GC Sponsoring Employer is the One who
has filed your "I-140"
When we Use AC21 we move to the New Employer.
I Could be wrong here.
EndlessWait has brougt up an Interesting Point.
I have posted this question for Attorney Prashanti Reddy.
If She Answers my quesetion on March 1st we can Ask her, if we can answer
"Yes" if the CBP Officer @ the POE asks the above question.
more...
sesh_nagineni
07-15 07:43 AM
me and my wife can participate.
I am also studying in a state college here. I can try to bring at least 10 people.
I am also studying in a state college here. I can try to bring at least 10 people.
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Gundark
08-23 06:25 PM
A couple Star Wars smilies.
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bhagat69
04-23 10:33 PM
Can someone in the same situation or with knowledge fo the above questions please reply.
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ramus
06-03 01:15 PM
If we want IV to ask for eveything, we need to work on their action items. IV is nothing but members like you and me.. How come IV can do anything if we don't support ourself.
Guys please follow all IV action items now or it might be too late.
Thanks a lot.
In the 90,000 visas set aside for the people who have already applied in the old process, is there an exemption from the country cap? I don't remember seeing any such thing. These 90,000 visas would be mainly applicable to citizens of India, China and Mexico. If the country cap is applied, then only 9,000 visas will be set aside for each country. It is estimated that there are over 250,000 -300,000 EB GC applications from Indian citizens. At that rate it might take many decades to get our GC. In the mean while the wasted GCs from this category would fall over to the Y visa holders.
IV core should ask for exemption from the country cap for this category or at the very least ask for the roll over to be contained within this category.
Guys please follow all IV action items now or it might be too late.
Thanks a lot.
In the 90,000 visas set aside for the people who have already applied in the old process, is there an exemption from the country cap? I don't remember seeing any such thing. These 90,000 visas would be mainly applicable to citizens of India, China and Mexico. If the country cap is applied, then only 9,000 visas will be set aside for each country. It is estimated that there are over 250,000 -300,000 EB GC applications from Indian citizens. At that rate it might take many decades to get our GC. In the mean while the wasted GCs from this category would fall over to the Y visa holders.
IV core should ask for exemption from the country cap for this category or at the very least ask for the roll over to be contained within this category.
more...
obelix
08-28 11:51 AM
GREAT NEWS.
My 140 got approved today. Got the email.
My 140 got approved today. Got the email.
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desi3933
02-17 11:43 AM
As per Feb 20, 1992 memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, that air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".
______________________
Not a legal advice.
US citizen of Indian origin
______________________
Not a legal advice.
US citizen of Indian origin
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nortam1
04-11 12:04 PM
I could mean something, it could mean nothing. At the end of the day somebody, somewhere touched on my case. I hope it means they are checking everyhthing is in order (140 approved), etc, for/before pre-adjudication, but then again that could be my optimism being too optimistic ;-)
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desi3933
02-20 05:14 PM
I don't agree with Murthy's interpretation. Here is my take on this -
The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition. Changes requiring DOL and/or DHS notification include, but are not limited to changes in the hours worked, significant changes in job duties, changes in wages (other than regularly scheduled merit increases), and changes in location of position.
________________________
Not a legal advice
US citizen of Indian origin
The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition. Changes requiring DOL and/or DHS notification include, but are not limited to changes in the hours worked, significant changes in job duties, changes in wages (other than regularly scheduled merit increases), and changes in location of position.
________________________
Not a legal advice
US citizen of Indian origin
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lfadgyas
11-08 08:41 AM
1. Will the employer withdraw 485.
No � I do not think so. As far as I know 485 is based on your labor certification � which was approved long time ago. By this time it is "yours". Collect your documents � you should have your LC somewhere � (There was some topic earlier talking about LC substitution � where the employer could use �your� LC and hire somebody for your position � In this case your 485 could have problems - probably this will not be the case this time + I do not know that they can do this anymore � some change was implemented in the law)
2. In that case how will future EADs and APs approved, as they are done based on pending 485.
EAD and AP is based on your PENDING 485 - renewing it as far as I know does not require to submit evidence about employment (might be wrong here � I�ve seen some new EAD application forms where was a field like this � not sure about this)
3. Is the employer needed to withdraw these petitions like 140, 485.
No, however if requested they will respond that you are no longer employed.
4. If I join a new employer with EAD, then will they have to do my GC again from scratch, or should I just wait till dates become current. If so, then how will I get EAD extensions if 485 is withdrawn(let us say).
With EAD you are free to work for a new employer as far as your position/job description is the �same� or �similar� as it is on your original LC � well good luck to interpret this: there are tons of information about this on the internet � search for AC21 portability.
I'm trying to find a H1B employer, but please let me know how to handle this.
You might find one or not (who are do the H1B for you) � however, till you are on EAD you are ok. I do not see your country/chargeability � if ROW then find a employer ASP since they might send you a RFE as the dates are getting close.
If you are from India with EB3 � I do not know about RFE-s � but for sure you need a job�
Also � there was a memo about to report the job changes (Texas service center pilot email notification protocol � not much info about this � Experts: is this working? Any info?).
Anyway, Currently 50% saying that you have to report your job change and the other 50% saying you should not.
Overall: - try to maintain good relationship with your previous employer (HR department, somebody etc) � at least they could notify you if something comes in�;
-Find a job in your field which satisfies AC21 portability rules;
-Do not start the job interview that you would need H1b and all sorts of help regarding your immigration situation;
-Using EAD � they should employ you if you are ok for that position otherwise;
-Do not apply for unemployment benefits
-Also: 485 is for future employment. If you can have some letter from your former employer (or any employer) that they willing to hire you as soon as you have your GC that might be handy too (in a situation where you receive a RFE between jobs) - let me know if you can find an employer who writes a letter like that - :rolleyes:
-If you move report your address change.
Best,
L
No � I do not think so. As far as I know 485 is based on your labor certification � which was approved long time ago. By this time it is "yours". Collect your documents � you should have your LC somewhere � (There was some topic earlier talking about LC substitution � where the employer could use �your� LC and hire somebody for your position � In this case your 485 could have problems - probably this will not be the case this time + I do not know that they can do this anymore � some change was implemented in the law)
2. In that case how will future EADs and APs approved, as they are done based on pending 485.
EAD and AP is based on your PENDING 485 - renewing it as far as I know does not require to submit evidence about employment (might be wrong here � I�ve seen some new EAD application forms where was a field like this � not sure about this)
3. Is the employer needed to withdraw these petitions like 140, 485.
No, however if requested they will respond that you are no longer employed.
4. If I join a new employer with EAD, then will they have to do my GC again from scratch, or should I just wait till dates become current. If so, then how will I get EAD extensions if 485 is withdrawn(let us say).
With EAD you are free to work for a new employer as far as your position/job description is the �same� or �similar� as it is on your original LC � well good luck to interpret this: there are tons of information about this on the internet � search for AC21 portability.
I'm trying to find a H1B employer, but please let me know how to handle this.
You might find one or not (who are do the H1B for you) � however, till you are on EAD you are ok. I do not see your country/chargeability � if ROW then find a employer ASP since they might send you a RFE as the dates are getting close.
If you are from India with EB3 � I do not know about RFE-s � but for sure you need a job�
Also � there was a memo about to report the job changes (Texas service center pilot email notification protocol � not much info about this � Experts: is this working? Any info?).
Anyway, Currently 50% saying that you have to report your job change and the other 50% saying you should not.
Overall: - try to maintain good relationship with your previous employer (HR department, somebody etc) � at least they could notify you if something comes in�;
-Find a job in your field which satisfies AC21 portability rules;
-Do not start the job interview that you would need H1b and all sorts of help regarding your immigration situation;
-Using EAD � they should employ you if you are ok for that position otherwise;
-Do not apply for unemployment benefits
-Also: 485 is for future employment. If you can have some letter from your former employer (or any employer) that they willing to hire you as soon as you have your GC that might be handy too (in a situation where you receive a RFE between jobs) - let me know if you can find an employer who writes a letter like that - :rolleyes:
-If you move report your address change.
Best,
L
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mchatrvd
09-10 12:22 PM
Guys
Help me to understand this AC21 process little bit. When you file AC21, that file goes nowhere in USCIS system, right, as they cannot attach it to your 485 file. So, basically they never come to know about your AC21. So, if and only if they ask for EVL down the line, that you might need to send new EVL and also mention that you submitted AC21 earlier with change of employment. For record purpose, you might need to produce a copy of AC21 (probably) that you send earlier as IO does not have access to it?
Secondly, the only time IO might know about change of employment is when your old employer revokes 140. At that point, officer checks your 485 received date and if it is more than 180 days pending, he basically denies the request to revoke 140. At that point though, he might ask you to send a new EVL to verify employment or he can continue the process, right without even asking for EVL?
Help me to understand this AC21 process little bit. When you file AC21, that file goes nowhere in USCIS system, right, as they cannot attach it to your 485 file. So, basically they never come to know about your AC21. So, if and only if they ask for EVL down the line, that you might need to send new EVL and also mention that you submitted AC21 earlier with change of employment. For record purpose, you might need to produce a copy of AC21 (probably) that you send earlier as IO does not have access to it?
Secondly, the only time IO might know about change of employment is when your old employer revokes 140. At that point, officer checks your 485 received date and if it is more than 180 days pending, he basically denies the request to revoke 140. At that point though, he might ask you to send a new EVL to verify employment or he can continue the process, right without even asking for EVL?
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sandy_anand
01-23 01:31 PM
Thank You for this link, and again how about people who already applied I-140 and waiting years for applying Adjustment of Status, they should find a way for that, they are still considered as H1 Visa holders, and when they go for an extension, they treat them in the same category of people who just applied labor and waiting.
Some where by Oct 2009 USCIS were planning to have a Pre-Registration before applying I-485 so that all the I-140 approved folks can get EAD and AP. And before I-485 the case will be properly abjudicated. so finally they can do fingerprints and GC.
Any one have update on this?
The USCIS has put this off until June 2010.
Some where by Oct 2009 USCIS were planning to have a Pre-Registration before applying I-485 so that all the I-140 approved folks can get EAD and AP. And before I-485 the case will be properly abjudicated. so finally they can do fingerprints and GC.
Any one have update on this?
The USCIS has put this off until June 2010.
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saileshdude
07-09 11:19 AM
I am trying to understand something here..... I had consultation with murthy lawyers and they told me that there is no law written anywhere that states that the employer must revoke I-140 if the employees is laid-off or is not working with them anymore. I was laid off and my company is determined to revoke I-140 because thats what Fragomen lawyers suggest. I am having a hard time understanding why would they want to cause problems for me when I am not even leaving on my own and got affected because of layoff.
Does anyone use Fragomen and could ask their attorneys this question whether a company is required or obligated by law to revoke I-140. That way I can try to convince my company's attorney that another attorney within same law firm have different opinion
Does anyone use Fragomen and could ask their attorneys this question whether a company is required or obligated by law to revoke I-140. That way I can try to convince my company's attorney that another attorney within same law firm have different opinion
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Imigrait
11-04 03:25 PM
OP,
Were you never employed by this company? Was the GC for future employment only?
I know one guy who lost his job with AOS pending. He shifted to H4 becoming a dependent on his Wife's visa and then started his MBA and later got his GC. He was an employee with the company from which he got laid off for almost 8 years .
Were you never employed by this company? Was the GC for future employment only?
I know one guy who lost his job with AOS pending. He shifted to H4 becoming a dependent on his Wife's visa and then started his MBA and later got his GC. He was an employee with the company from which he got laid off for almost 8 years .
GCVictim
08-15 12:24 PM
Let's not beat a dead horse...
FYI, As someone earlier posted, you cannot beat the IVians in bulletins. Even before the sep bulletin went live on the website, people posted the bulletin info... People called the number of DOS and knew the dates beforehand. It seems the info obtained through phone preceeds the bulletin posted on the website...:p
Thanks..... for your info:)
FYI, As someone earlier posted, you cannot beat the IVians in bulletins. Even before the sep bulletin went live on the website, people posted the bulletin info... People called the number of DOS and knew the dates beforehand. It seems the info obtained through phone preceeds the bulletin posted on the website...:p
Thanks..... for your info:)
sayantan76
10-22 11:19 AM
On the basis of you wife's graduation, you are inviting your wife's parents. So you need to show invitation letter from collage/school (if possible) and sufficient fund in your account...that is all ...be prapare to answer if they ask the reason for their son-in-law sponsoring for their visa instead of their son.
i sponsored both my parents and in-laws when i was on L1.......when the consul asked them why they are coming - all they said was they are coming to visit us for a few months......as generic as it could be - no specific purpose mentioned.....
i sponsored both my parents and in-laws when i was on L1.......when the consul asked them why they are coming - all they said was they are coming to visit us for a few months......as generic as it could be - no specific purpose mentioned.....
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