alterego
12-12 05:50 PM
That is exactly my point. I mean even if the H1B quota DOES increase, is it more harm or good?
The new H1Bs will go at the back of the line, but atleast a lot of the people here like spouses on h4 might get a fighting chance to get new H1s? Somehow I dont see how an increase in the H1 quota can negatively affect us EB folk. Now dont get me wrong that is NOT all I want and nothing would please me more if the EB quota was increased as well. All I am saying is, let us not totally oppose the H1B increases just because most of us on here already have one. Half of the spouses on here can start working the minute the H1B quota is increased. Moreover stuedents already here can start working and dont have to be at the mercy of the H1b quota to graduate etc.
Let me tell you how it can affect you. In an ideal system it will not affect you, but in this one you can't say.
There are folks here who arrived 11 yrs ago who do not have a green card yet. On the other hand there are those that came in 2002 who are sailing pretty. The fact that this is happening and that FIFO is a fallacy, that is proof that it will hurt us.
Here are a few reasons.
1)More H1bs coming from non retrogressed countries will keep siphoning off the visa numbers and limit spillover which we desperately need absent legislation to get out of this hole.
2)As long as the crazy practice of Labour Subs continues, there will always be those youngsters who arrive, grab/buy/are peddled a Labour Sub. cut to the front of the line and move on, while you and I sit sobbing at our fates.
3)As H1bs coming here and not getting green cards becomes entrenched in the minds of employers, they will see you as such and be reluctant to sponsor you for a green card. H1b changes into a vehicle for short term workers much like the J1 visa for resident physicians.
4)L visas are frequently converted to H1bs as a precursor to green card petitioning.
The new H1Bs will go at the back of the line, but atleast a lot of the people here like spouses on h4 might get a fighting chance to get new H1s? Somehow I dont see how an increase in the H1 quota can negatively affect us EB folk. Now dont get me wrong that is NOT all I want and nothing would please me more if the EB quota was increased as well. All I am saying is, let us not totally oppose the H1B increases just because most of us on here already have one. Half of the spouses on here can start working the minute the H1B quota is increased. Moreover stuedents already here can start working and dont have to be at the mercy of the H1b quota to graduate etc.
Let me tell you how it can affect you. In an ideal system it will not affect you, but in this one you can't say.
There are folks here who arrived 11 yrs ago who do not have a green card yet. On the other hand there are those that came in 2002 who are sailing pretty. The fact that this is happening and that FIFO is a fallacy, that is proof that it will hurt us.
Here are a few reasons.
1)More H1bs coming from non retrogressed countries will keep siphoning off the visa numbers and limit spillover which we desperately need absent legislation to get out of this hole.
2)As long as the crazy practice of Labour Subs continues, there will always be those youngsters who arrive, grab/buy/are peddled a Labour Sub. cut to the front of the line and move on, while you and I sit sobbing at our fates.
3)As H1bs coming here and not getting green cards becomes entrenched in the minds of employers, they will see you as such and be reluctant to sponsor you for a green card. H1b changes into a vehicle for short term workers much like the J1 visa for resident physicians.
4)L visas are frequently converted to H1bs as a precursor to green card petitioning.
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sprint2004
09-07 11:06 AM
Hello All,
Talked to my lawyer today about the checks; they have been encashed for myself and my spouse on 9/4. My RN starts with SRC.
My I-140 was approved from Texas and my AOS/485 was mailed on july 2nd and arrived on july 3rd to NSC.
Just a curious question for those you have already received their RN#. When checking the case status it displays "I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS "...will this message change when EAD has been approved and mailed?
Thanks and good luck to all.
Talked to my lawyer today about the checks; they have been encashed for myself and my spouse on 9/4. My RN starts with SRC.
My I-140 was approved from Texas and my AOS/485 was mailed on july 2nd and arrived on july 3rd to NSC.
Just a curious question for those you have already received their RN#. When checking the case status it displays "I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS "...will this message change when EAD has been approved and mailed?
Thanks and good luck to all.
phillyag
08-25 01:47 PM
No I did not...the date before it was of back in 2008.
My PD is Jan-17-2006 at NSC.
I got another soft LUD today but no change to my 485 status.
What does this mean ? I already got my approved EAD card 2 weeks back and the only thing pending is the 485 application.
My PD is Jan-17-2006 at NSC.
I got another soft LUD today but no change to my 485 status.
What does this mean ? I already got my approved EAD card 2 weeks back and the only thing pending is the 485 application.
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abhijitp
11-21 05:09 PM
I am shocked after reading this thread and even cried .We will pray for your well-being .Don�t loose your strength and believe in GOD.
Dear Members,
If Mehul needs some financial help can we gather together to help our brother? So that he don�t have think at least on this front. Please suggest senior members/IV.
I second that idea.
We should let Mehul decide, and help him in any way we can!
Dear Members,
If Mehul needs some financial help can we gather together to help our brother? So that he don�t have think at least on this front. Please suggest senior members/IV.
I second that idea.
We should let Mehul decide, and help him in any way we can!
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sankap
07-10 09:52 PM
@Ramba:
Nice assumptions...but we need evidence. Do any USCIS documents say they would need proof of a *running* income? (After all, you don't have paystubs for a future job in same/similar occupation.) Since GC is for *future* job, why can't self-employment in same/similar occupation, under AC21 and with *projected* revenues, be enough? Do they ask for paystubs and proof of long-term commitments/contracts in EVL-RFE?
Re wages, here's Yates memo verbiage:
Question 5. Should service centers or district officers use a difference in the wage offered on the approved labor certification and initial I-140, and the new employment as basis for denial in adjustment portability cases?
Answer: No. As noted above the relevant inquiry is if the new position is the same or similar occupational classification to the alien’s I-140 employment. A difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial. However, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is “same or similar.”
Pls note that with current recession/depression, the "prevailing wages" for same/similar occupations have gone down--drastically in some cases (esp. IT). Also, you could open/register your LLC (by spending $400) for your self-employment to sound more "legitimate"--but that's certainly not a requirement.
USCIS may not buy if no income shown thro the bussiness. One may have a simple bussiness model. However, they should be in a position to show documentary evidence that they are making similar money as per 140, and importantly they are doing same kind of work when self employed, and they have a long term commitment/contract for their bussiness. Then only they may belief that you are doing legitimate bussiness thro self employment. Just writing EVL in a letter head will not serve the purpose.
Nice assumptions...but we need evidence. Do any USCIS documents say they would need proof of a *running* income? (After all, you don't have paystubs for a future job in same/similar occupation.) Since GC is for *future* job, why can't self-employment in same/similar occupation, under AC21 and with *projected* revenues, be enough? Do they ask for paystubs and proof of long-term commitments/contracts in EVL-RFE?
Re wages, here's Yates memo verbiage:
Question 5. Should service centers or district officers use a difference in the wage offered on the approved labor certification and initial I-140, and the new employment as basis for denial in adjustment portability cases?
Answer: No. As noted above the relevant inquiry is if the new position is the same or similar occupational classification to the alien’s I-140 employment. A difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial. However, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is “same or similar.”
Pls note that with current recession/depression, the "prevailing wages" for same/similar occupations have gone down--drastically in some cases (esp. IT). Also, you could open/register your LLC (by spending $400) for your self-employment to sound more "legitimate"--but that's certainly not a requirement.
USCIS may not buy if no income shown thro the bussiness. One may have a simple bussiness model. However, they should be in a position to show documentary evidence that they are making similar money as per 140, and importantly they are doing same kind of work when self employed, and they have a long term commitment/contract for their bussiness. Then only they may belief that you are doing legitimate bussiness thro self employment. Just writing EVL in a letter head will not serve the purpose.
logiclife
11-21 11:47 AM
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
Sorry to hear about this Mehul. Wish you a speedy recovery.
Please keep in mind that the US healthcare system is for-profit. That means that there are too many bureaucratic, legal and business reasons for either treating or not treating the patient. There might be cures or procedures or therapies out there, that your doctor or hospital is not interested in because its not covered by your insurance as it is labelled as "Experimental".
Insurance companies are like maggots. They love premiums but when it comes to claims, they try to swipe as many cures and procedures as possible under the rug of "Experimental treatment" so that they dont have to pay.
I would suggest that you do all you can to seek immigration advise but please consider going to India for a month and getting a second opinion from Apollo or AIIMS or such high-quality Hospitals.
I would not trust the for-profit, suck-all-blood-dry, deny-care and inhumane healthcare system of this country where the care-givers and the insurance companies are in collusion with each other to maximize profits and do whatever it takes to maximize profits even when it means that some people die and others go bankrupt even after paying insurance.
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
Sorry to hear about this Mehul. Wish you a speedy recovery.
Please keep in mind that the US healthcare system is for-profit. That means that there are too many bureaucratic, legal and business reasons for either treating or not treating the patient. There might be cures or procedures or therapies out there, that your doctor or hospital is not interested in because its not covered by your insurance as it is labelled as "Experimental".
Insurance companies are like maggots. They love premiums but when it comes to claims, they try to swipe as many cures and procedures as possible under the rug of "Experimental treatment" so that they dont have to pay.
I would suggest that you do all you can to seek immigration advise but please consider going to India for a month and getting a second opinion from Apollo or AIIMS or such high-quality Hospitals.
I would not trust the for-profit, suck-all-blood-dry, deny-care and inhumane healthcare system of this country where the care-givers and the insurance companies are in collusion with each other to maximize profits and do whatever it takes to maximize profits even when it means that some people die and others go bankrupt even after paying insurance.
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waitnwatch
06-26 11:47 AM
I am sure the democrats can harp on the point that non-passage of CIR means that an effective security component too does not go into effect. Point to note though is how effectively the message is delivered.
..... The Republican House is in a no win situation, passage means amnesty (their words, not mine) and non-passage makes them look ineffective. .....
..... The Republican House is in a no win situation, passage means amnesty (their words, not mine) and non-passage makes them look ineffective. .....
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googlegc
08-25 07:24 PM
Guys,
I just got my H1B Extension approved (8th year extension).
Original H1B was valid until Sept 2008. Changed companies after 180 days(of I485 application) and applied for H1 transfer and extension for 3 years via new company. Finally got it approved after 3 months for 3 years(until May 2011).
-Googlegc
I just got my H1B Extension approved (8th year extension).
Original H1B was valid until Sept 2008. Changed companies after 180 days(of I485 application) and applied for H1 transfer and extension for 3 years via new company. Finally got it approved after 3 months for 3 years(until May 2011).
-Googlegc
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bsbawa10
05-10 05:08 AM
GC Visa's are per country per year, where as H1's are not per country based, we indians used most H1's and stood in queue for GC's of course there is path so we stood, in fact it is one attraction they used to bring over here, to start with, per country GC visa limit is a poor thought.
GC quota should be better tied to H1 quota or raise the limit and god knows when did they put the numbers per country GC, before H1b program or after H1b program.
H1b program allowed hundred's of thousands to come in, in fact which they encouraged i can dare to say and GC visa count is not according to that and they let all these families to stay in limbo or wait forever is not a good sign.
Irony is majority of these folks are purposed to solve or improve all kinds of problems ranging from improving enterprise's response time from months to minutes or minutes to secs and other kinds improvements, who's families and them selves stuck in a decade long "legal immigration" battle of their life.
Hey, I like this suggestion a lot.
GC quota should be better tied to H1 quota or raise the limit and god knows when did they put the numbers per country GC, before H1b program or after H1b program.
H1b program allowed hundred's of thousands to come in, in fact which they encouraged i can dare to say and GC visa count is not according to that and they let all these families to stay in limbo or wait forever is not a good sign.
Irony is majority of these folks are purposed to solve or improve all kinds of problems ranging from improving enterprise's response time from months to minutes or minutes to secs and other kinds improvements, who's families and them selves stuck in a decade long "legal immigration" battle of their life.
Hey, I like this suggestion a lot.
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InTheMoment
08-01 08:29 PM
Up until July 29, 2007 (incl.) when sorting of files was going on, NSC did a load sharing of files with TSC. (and btw they did not look at where ones' I-140 is adjudicated when making the selection, it was random. I know several such cases)
This in my opinion is a very good way of making sure adjudicating resources are kept in balance at both centers.
Like somone quiet rightly pointed out it is akin to the old Labor Certification process where some states were way faster than others (less demand faster process).
In the direct filing which started July 30, 2007 the load sharing has a great possibilty of being tilted one way or the other (though maybe not as much as old LC's). They have made a geographical distribution and not one that factors # of applications traditionally received from states.
On the other hand, may be USCIS has figured that the particular geographical jurisdiction produces the right load sharing between NSC and TSC!
This in my opinion is a very good way of making sure adjudicating resources are kept in balance at both centers.
Like somone quiet rightly pointed out it is akin to the old Labor Certification process where some states were way faster than others (less demand faster process).
In the direct filing which started July 30, 2007 the load sharing has a great possibilty of being tilted one way or the other (though maybe not as much as old LC's). They have made a geographical distribution and not one that factors # of applications traditionally received from states.
On the other hand, may be USCIS has figured that the particular geographical jurisdiction produces the right load sharing between NSC and TSC!
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pooja_34
08-31 04:08 PM
All you freaking South Indians can do is sit on your ass and code all day long .... As soon as you fellows open your mouth we all get how intelligent you guys are .... As for drawing the line between North and South - Can we just seperate the Telugu, Kanada, Tamil and Malayalam people from the North and the rest of us Northeners will be just fine :)
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nat23
10-25 11:00 AM
If Democrats win the House (which they most probably will - maybe with a small majority): Would then there be a Compromise on the CIR which the Republicans didnt even want to talk about ?
Someone in this thread pointed out that in the lame duck session is held with the current members, that would mean we wouldnt have a compromise in the lame duck session.
Then the new Congress would come in and the Bills would have to be passed in the Senate all over again, right? ( Just asking as I dont know the whole process).
Someone in this thread pointed out that in the lame duck session is held with the current members, that would mean we wouldnt have a compromise in the lame duck session.
Then the new Congress would come in and the Bills would have to be passed in the Senate all over again, right? ( Just asking as I dont know the whole process).
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krishnam70
07-03 10:51 AM
Are you guys serious. and if so. I am IN.
For those who will 'JUST MOVE ON'......... Please don't and you should not just forget this.
Just be yourself and express it out
so is the plan to send flowers collectively, on the same day?
Is there a way we can help the citizens / GC / Locals and they can too, in - return, send flowers and the note on our behalf?
lago raho...
Please start acting instead of writing more and more, keep sending.. we need to strike when the news is hot already Libby's news is making waves and this will just drown..
For those who will 'JUST MOVE ON'......... Please don't and you should not just forget this.
Just be yourself and express it out
so is the plan to send flowers collectively, on the same day?
Is there a way we can help the citizens / GC / Locals and they can too, in - return, send flowers and the note on our behalf?
lago raho...
Please start acting instead of writing more and more, keep sending.. we need to strike when the news is hot already Libby's news is making waves and this will just drown..
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apahilaj
11-25 08:20 AM
Hi,
Yesterday I got the response for my SR opened on 10/16 for still not receiving FP notice yet. The letter says that the processing on my case has been delayed since the background check on my application is still open. Please contact after 6 months if you still haven't heard back from us. My assumptions are:
1. Since they did not mention any where in the letter about biometrics, they are talking about my 485 petition and not my finger printing notice. Guess they misunderstood why I opened the SR with them. Does that make sense?
2.Is it possible that I haven't received FP notice since my background check is still in progress? I thought that these were two independent process...
Any suggestions would be appreciated!
Thanks.
Yesterday I got the response for my SR opened on 10/16 for still not receiving FP notice yet. The letter says that the processing on my case has been delayed since the background check on my application is still open. Please contact after 6 months if you still haven't heard back from us. My assumptions are:
1. Since they did not mention any where in the letter about biometrics, they are talking about my 485 petition and not my finger printing notice. Guess they misunderstood why I opened the SR with them. Does that make sense?
2.Is it possible that I haven't received FP notice since my background check is still in progress? I thought that these were two independent process...
Any suggestions would be appreciated!
Thanks.
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gxr
09-04 05:06 PM
PD:July 2006
140: Oct 2006 Pending
i-485 : @ NSC july 3rd waiting for receipt (Checks not cashed)
July 3rd R.William 9:03am NSC
One time contribution: $100
140: Oct 2006 Pending
i-485 : @ NSC july 3rd waiting for receipt (Checks not cashed)
July 3rd R.William 9:03am NSC
One time contribution: $100
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desi3933
06-26 09:04 AM
.
For most of the jobs, employer must accept any worker who is authorized to work in the US. In other words, US citizens, Permanent Residents (aka Green Card holders), and EAD (person authorized to work for any employer by USCIS). From legal point of view, employer can not discriminate between GC holder and EAD. If job is advertised as for Citizens only, applicant has right to ask for such reason.
Now, in order to qualify as person who has been wrongly discriminated
1. he/she must be otherwise qualified for job (example job asks for dot net and person has java experience)
and
2. he/she MUST have applied for the job.
Employer can not discriminate because of
1. Expiry date of EAD
2. Reason for Issue of EAD (I-485 based, L2 visa, F1 visa etc)
Having said that, there could be valid grounds that job is qualified only for US citizens or US citizens with specific security clearance. Applicant, in this case, has right to ask for reasons for such requirement.
________________________
Not a legal advice.
US citizen of Indian origin
For most of the jobs, employer must accept any worker who is authorized to work in the US. In other words, US citizens, Permanent Residents (aka Green Card holders), and EAD (person authorized to work for any employer by USCIS). From legal point of view, employer can not discriminate between GC holder and EAD. If job is advertised as for Citizens only, applicant has right to ask for such reason.
Now, in order to qualify as person who has been wrongly discriminated
1. he/she must be otherwise qualified for job (example job asks for dot net and person has java experience)
and
2. he/she MUST have applied for the job.
Employer can not discriminate because of
1. Expiry date of EAD
2. Reason for Issue of EAD (I-485 based, L2 visa, F1 visa etc)
Having said that, there could be valid grounds that job is qualified only for US citizens or US citizens with specific security clearance. Applicant, in this case, has right to ask for reasons for such requirement.
________________________
Not a legal advice.
US citizen of Indian origin
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va_il
05-03 03:17 PM
Aren't H4 spouses considered as Immigrants ?
:) sure you are otherwise you wouldn't be living here.
I am not againist H4 guys but i can't help but laugh when H4 guys complain that they were being treated bad by not allowing them to work.
One has to understand that US allows ppl on a certain basis and H4 is nothing but to join your spouse (or something like that for kids).
One can request them to make a provision for H4 ppl to work but blaming that they haven't done that simply by fogetting on what basis they entered US.... hmmm i don't know.
Questioning their speed of process and other irregular rules... yes i am with you but blaming them for above ... i don't think that is fair.
:) sure you are otherwise you wouldn't be living here.
I am not againist H4 guys but i can't help but laugh when H4 guys complain that they were being treated bad by not allowing them to work.
One has to understand that US allows ppl on a certain basis and H4 is nothing but to join your spouse (or something like that for kids).
One can request them to make a provision for H4 ppl to work but blaming that they haven't done that simply by fogetting on what basis they entered US.... hmmm i don't know.
Questioning their speed of process and other irregular rules... yes i am with you but blaming them for above ... i don't think that is fair.
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greyhair
09-26 09:39 AM
I think your idea is good. But this could be very difficult to implement, at least for USCIS.
Another suggestion is that porting should be automatic. As soon as a person acquires the required qualification for EB2 + a letter from the company that the person's future job will be of EB2 caliber, UCSIS should put him/her in EB2 category. This is some thing we should work on.
Most of us are analyst by profession. Maybe that is one of the reasons most of us are always engaged in analysis and optimization of the system, to suit our own individual application. All of us believe that the system which suits our individual application is the best system. Anything that doesn't work for us is just screwed-up. Every person is at a different stage so most of the people are always fighting with each other.
This is some thing we should work on.
Who should work on this? "WE". You created action item for whom? Who is "WE"?
Another suggestion is that porting should be automatic. As soon as a person acquires the required qualification for EB2 + a letter from the company that the person's future job will be of EB2 caliber, UCSIS should put him/her in EB2 category. This is some thing we should work on.
Most of us are analyst by profession. Maybe that is one of the reasons most of us are always engaged in analysis and optimization of the system, to suit our own individual application. All of us believe that the system which suits our individual application is the best system. Anything that doesn't work for us is just screwed-up. Every person is at a different stage so most of the people are always fighting with each other.
This is some thing we should work on.
Who should work on this? "WE". You created action item for whom? Who is "WE"?
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grupak
08-25 09:53 AM
I don't mean to be rude but what do you propose? All I hear is if we ask for fixes "they" are going to come after us in some other way.
Should EB immigrants just accept to wait in line for 10-15yrs without knowing if they will be approved in the end?
I don't speak for IV but I gather IV doesn't condone abuse of the H1B program. We will be better off if the rules are imposed as they were intended.
these are very complex issues, where a lot of people try to trivialize or minimize. I haven't visited the forums in a while but doesn't look like much has changed. Division betwen IT and non IT. Dvision between people working at "full time positions". division between eb2 and eb3; country quota, etc.
Should EB immigrants just accept to wait in line for 10-15yrs without knowing if they will be approved in the end?
I don't speak for IV but I gather IV doesn't condone abuse of the H1B program. We will be better off if the rules are imposed as they were intended.
these are very complex issues, where a lot of people try to trivialize or minimize. I haven't visited the forums in a while but doesn't look like much has changed. Division betwen IT and non IT. Dvision between people working at "full time positions". division between eb2 and eb3; country quota, etc.
gjoe
10-09 06:43 AM
It would be more effective if not effecient. You need not wait until the year end to issue visas, visas can be issued using a mathematical model which would allow old PD filers to get a visa ahead of others as soon as his case comes in and other criterias are fullfilled. Basically no one needs to wait for filing I485. People with old PD will get visa numbers first as soon as they enter the application.
You're kidding me...How is your suggestion more efficient..????
So they should keep sorting and moving visa numbers from one application to another based on PD.??
if thats the case they would have to wait to give GC on the very last day of the year...
You're kidding me...How is your suggestion more efficient..????
So they should keep sorting and moving visa numbers from one application to another based on PD.??
if thats the case they would have to wait to give GC on the very last day of the year...
jsb
11-01 02:02 PM
Summary of AC21 law provisions poste above.
(1) It is not necessary to work for GC sponsoring employer prior to getting GC
(2) USCIS should be advised (after 180 days of AOS pending) with new job offer (in same/similar classification), and your intentions of using AC21
(3) Sponsoring employer can not withdraw I-140 after 180 days of AOS pending
(4) Sponsoring employer CAN withdraw I-140 within 180 days.
July 2 filers should keep their sponsoring employer happy until Dec 29, with no suggestions that you might be thinking to leave. Do whatever you want thereafter.
(1) It is not necessary to work for GC sponsoring employer prior to getting GC
(2) USCIS should be advised (after 180 days of AOS pending) with new job offer (in same/similar classification), and your intentions of using AC21
(3) Sponsoring employer can not withdraw I-140 after 180 days of AOS pending
(4) Sponsoring employer CAN withdraw I-140 within 180 days.
July 2 filers should keep their sponsoring employer happy until Dec 29, with no suggestions that you might be thinking to leave. Do whatever you want thereafter.
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