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  #46 (permalink)  
Old 04-20-2015, 03:15 PM
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vineetr is on a distinguished road
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Hello Admin,

I have an approved I-140 as Solutions Manager and I changed my role to Project Manager with same employer, can I go ahead and file I-485 with approved I-140 or do I need to do PERM and new I-140 again?

Regards
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  #47 (permalink)  
Old 04-20-2015, 03:50 PM
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moon_walker333 is on a distinguished road
Question Question on filing AOS

First of all Congratulations and Thanks a ton to IV leaders for all these great immigration fixes happening and progressing lately. This is really an exciting time.

I have a question which I suppose would be applicable to hundreds of others in the same situation. I have I-140 approved for few years now, in EB2 category, with my employer which is a typical consulting company. I have not changed any jobs based on approved I-140 to just play it safe. Now, if this mentioned immigration fix (EAD for I-140 and advance filing of AOS/I-485) is implemented, then all of these consulting companies will lose their grip on the H1B visa employees, who have been stuck to them due to GC backlog and lack of safe way to change employer. My question is, once this fix goes live, do we still have to file for EAD and I-485 through our employer's attorney or is it something which we will be able to do on our own without informing the employer? The reason for this question is that the employers may turn to be reluctant to apply for these privileges for their employees knowing that the employee will be more likely to jump to another employer after these privileges are granted.
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  #48 (permalink)  
Old 04-20-2015, 03:57 PM
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Quote:
Originally Posted by moon_walker333 View Post
First of all Congratulations and Thanks a ton to IV leaders for all these great immigration fixes happening and progressing lately. This is really an exciting time.

I have a question which I suppose would be applicable to hundreds of others in the same situation. I have I-140 approved for few years now, in EB2 category, with my employer which is a typical consulting company. I have not changed any jobs based on approved I-140 to just play it safe. Now, if this mentioned immigration fix (EAD for I-140 and advance filing of AOS/I-485) is implemented, then all of these consulting companies will lose their grip on the H1B visa employees, who have been stuck to them due to GC backlog and lack of safe way to change employer. My question is, once this fix goes live, do we still have to file for EAD and I-485 through our employer's attorney or is it something which we will be able to do on our own without informing the employer? The reason for this question is that the employers may turn to be reluctant to apply for these privileges for their employees knowing that the employee will be more likely to jump to another employer after these privileges are granted.
If employers do not apply for these in order to exploit immigrants, immigrants will now be for the first time able to jump employer and change jobs without fear. All they lose is 1 year time needed to refile labor with new employer. They will not lose PD too.
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  #49 (permalink)  
Old 04-20-2015, 04:49 PM
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hetal_gusai is on a distinguished road
Default Who will file my AOS?

Hi I have approved I140 from my current employer so if rule pass then my current employer will file AOS for me or I have to apply AOS by myself ?
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  #50 (permalink)  
Old 04-20-2015, 04:50 PM
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braveone is on a distinguished road
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I have noted down you name and information. I live in central NJ and with your attitude I am sure that I won't be going to you for anything whatsoever.

These beggars (i.e. lawyers and now doctors) have nowhere else to go but to extract money from immigrants by infusing fear. Good that I'm neither a lawyer nor a doctor, so I am not sucking anyone's blood to earn my living.



Quote:
Originally Posted by MBTagayun View Post
With reference to the I-693 Medical Examination Instructions you provide, and in particular the comments on IMMUNIZATION HISTORY:

We are a Neurological Practice, Certified Civil Surgeon's Office (I-693 Examinations), and a Certified Neuropsychological Examiner with regard to Examining Permanent Residents (and/or their caregivers) seeking WAIVERS of the ENGLISH LANGUAGE, AND U.S. CIVICS TESTING PROTOCOLS, commonly known as N-648 Waivers.

PLEASE TAKE NOTE THAT U.S.C.I.S. AND MORE IMPORTANTLY THE U.S. CENTERS FOR DISEASE CONTROL (CDC), DO NOT CONSIDER AS ACCEPTABLE "LETTERS FROM HOME COUNTRY PRIMARY CARE PHYSICIANS" ISSUED YEARS (DECADES?) AFTER CHILDHOOD IMMUNIZATIONS, CERTIFYING THAT THOSE CHILDHOOD IMMUNIZATIONS OCCURRED!
SUCH RECORDS A-R-E N-O-T "CONTEMPORANEOUS RECORDS" (CREATED AT THE TIME OF IMMUNIZATION), AND ARE NOT ACCEPTABLE AS PROOF OF IMMUNIZATION.

AND FURTHER, ATTEMPTING TO "SANITIZE" SUCH AFTER-THE-FACT FOREIGN PHYSICIAN'S CERTIFICATIONS, BY HAVING A U.S. PRIMARY CARE PHYSICIAN, RECORD THOSE AFTER-THE-FACT STATEMENTS, AS AN AUTHORIZED HISTORICAL RECORD, AMOUNTS TO MEDICAL FRAUD!

Since most applicants we examine have been waiting for their Residency Interviews for years, and the I-693 Examination is the last step prior to most Interviews, we STRONGLY ADVISE AGAINST ATTEMPTING TO "GAME" THE I-693 system!

We send our applicants to outside wholesale locations for their required vaccinations--so we have no financial interest in the matter. And most adult applicants, after we have carefully examined them, only require two or three vaccinations. SO IT WOULD BE EXCEEDINGLY FOOLISH TO ATTEMPT TO EVADE THE REQUIRED CURRENT IMMUNIZATIONS (IF NEEDED), JUST TO SAVE A RELATIVELY SMALL AMOUNT!

Most Applicants use attorneys for their long and involved immigration procedures. And the I-693/Immunization process is a very small amount in comparison to the legal fees expended.

M.B. TAGAYUN, M.D.
CLIFTON, NEW JERSEY
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  #51 (permalink)  
Old 04-20-2015, 05:13 PM
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Default EAD for H4 or wait to file AOS/EAD/AP?

Thanks IV for all your efforts and sharing information ahead so we are well prepared! I already applied for AOS in July 2007 and presently my wife is on H4 status as i couldn't apply for her AOS until now. If i apply for EAD for H4 on May 26th and this is announced later on then if i apply for her EAD/AP along with AOS then which EAD will be approved assuming EAD for H4 remains pending while i apply for her AOS?
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  #52 (permalink)  
Old 04-20-2015, 06:58 PM
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Xhris is infamous around these parts Xhris is infamous around these parts
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Quote:
Originally Posted by waitingnwaiting View Post
If employers do not apply for these in order to exploit immigrants, immigrants will now be for the first time able to jump employer and change jobs without fear. All they lose is 1 year time needed to refile labor with new employer. They will not lose PD too.
Do you mean he will still need to restart his GC process in that case ?
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  #53 (permalink)  
Old 04-20-2015, 07:05 PM
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pulkitdabral is on a distinguished road
Default Aos

Thanks for all your effort IV. I had a question:
Both my wife and I have an approved I-140 with mine being in 2012 while hers is in 2014. The issue with my GC process is that, my PWD came a lot higher and even though my company proceeded with the process I am still a bit away from reaching that salary. I know without that reaching salary I cannot get my GC but here are my questions with regards to the new updates:
1. Will i still be able to file for EOS and EAD?
2. Will changing jobs be an issue with PWD being higher or will that apply automatically to my GC case irrespective?
3. Should I file AOS instead using my wife's PD or should we just do it separately?

Thanks in advance
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  #54 (permalink)  
Old 04-20-2015, 08:38 PM
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thokkalohdi is infamous around these parts
Thumbs up thanks

thanks
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  #55 (permalink)  
Old 04-20-2015, 08:51 PM
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palciparum is on a distinguished road
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Quote:
Originally Posted by The Alchemist View Post
Below is a sample template for Employment Letter referenced in the summary document (Questions and Answers on How to file Adjustment Of Status) that might come handy while preparing the supporting documents needed for filing of Adjustment of Status.
__________________________________________________ _____________

To be printed on Company Letterhead

[/right]
The sample Employment Letter says "will be employed' but what when you are already employed and say have contract for 2 more years.

Do you still need this letter or can you just use previous W-2s and last couple of pay stubs from the same employer?

Is there any alternative to this letter? and does language need to be modified in the letter when you are already employed?

Thanks

Last edited by The Alchemist; 04-23-2015 at 06:10 PM.
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  #56 (permalink)  
Old 04-20-2015, 09:06 PM
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advik20 is on a distinguished road
Default

Quote:
Originally Posted by Administrator2 View Post
Last time we checked, "everyone" includes EB3
I guess did not ask the Question correct.

I already have an EAD but waiting on actual GC from 8 years due to Non Availability of Visa Numbers

Is there a relief for folks like us?

Any answer on this...accordingly I have to take some important decision
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  #57 (permalink)  
Old 04-20-2015, 09:07 PM
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rakesh_basis is on a distinguished road
Default how about kids

Thank you very much IV,

I know now spouse and primary applicant can be on AOS /EAD. But how about the kids, are kids can also apply for AOS or EAD? or they will remain on H4.

Thanks,
Rakesh
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  #58 (permalink)  
Old 04-20-2015, 11:39 PM
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tefl0n is on a distinguished road
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So, apologies in advance if this sounds elementary, but I'm wondering whether after filing I-485 and getting this EAD/AP thing, is one free to quit their job and still legally reside (unemployed) in America?
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  #59 (permalink)  
Old 04-21-2015, 12:15 AM
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Quote:
Originally Posted by rakesh_basis View Post
Thank you very much IV,

I know now spouse and primary applicant can be on AOS /EAD. But how about the kids, are kids can also apply for AOS or EAD? or they will remain on H4.

Thanks,
Rakesh
Yes, children will also be eligible to file for AOS. If the child is above the minimum age allowed to work then the child will be able to file for EAD card. This is a standard AOS process. There is nothing special about it.
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  #60 (permalink)  
Old 04-21-2015, 12:16 AM
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Quote:
Originally Posted by tefl0n View Post
So, apologies in advance if this sounds elementary, but I'm wondering whether after filing I-485 and getting this EAD/AP thing, is one free to quit their job and still legally reside (unemployed) in America?
One must maintain continued employment during pending AOS status in order to not fall out of status.
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