wanaparthy
03-25 07:58 PM
Iam serious and i put it that i felt.
But later realized that this is not the right place!
Thanks
But later realized that this is not the right place!
Thanks
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techbuyer77
06-12 05:27 PM
i am currently legally working with the new employer.
My queston is how likely is to get approved before 180 days
My queston is how likely is to get approved before 180 days
AZ_GC
08-28 04:45 PM
Hello fellow IV members,
I am hoping to port to a new job using AC21. I contacted my attorney with various questions about the process, but she told me that she can not respond to my questions because she represents me as well as the current company I work for. For those of you who are looking to port or have already done so, did you face a similar situation - where your attorney could not advise and assist you through the process of porting? How did you resolve this situation? Did you have to find another attorney to help you with porting to a new job?
Thanks for your help.
This holds true for 95% of the attorneys. They will give you a "conflict of interest" answer if you try to Invoke AC21
I am hoping to port to a new job using AC21. I contacted my attorney with various questions about the process, but she told me that she can not respond to my questions because she represents me as well as the current company I work for. For those of you who are looking to port or have already done so, did you face a similar situation - where your attorney could not advise and assist you through the process of porting? How did you resolve this situation? Did you have to find another attorney to help you with porting to a new job?
Thanks for your help.
This holds true for 95% of the attorneys. They will give you a "conflict of interest" answer if you try to Invoke AC21
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gcfriend65
06-06 08:57 AM
OK, Here is my situation. I came to the U.S. in August 1998 on F-1 visa stamped until Dec. 2000. I continued on my F-1 I-94 till November 2002, at which point I switched to H-1 B. I have changed three jobs prior to this one, but never have been out of status. I have all my pay stubs, income tax returns and original I-797's for the companies I worked for and am currently working. I have two Master's degrees from US university. Is it advisable to go for H-1 B visa stamping in Canada, Mexico or Mumbai, India. I have my passport valid till April 2015.
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chanduv23
09-16 08:20 PM
^^^^^^^
gondalguru
09-29 11:58 AM
Its kinda confusing and really not that big or sensational.
Nothing sensational here. But it does affect me and all the physicians who have pending NIW based I-485.
I have finished 5 years of NIW service for physician and waiting for visa number (PD 9-2004). I have a conrad 30 related I-140 (approved) / I-485 (pending).
Nothing sensational here. But it does affect me and all the physicians who have pending NIW based I-485.
I have finished 5 years of NIW service for physician and waiting for visa number (PD 9-2004). I have a conrad 30 related I-140 (approved) / I-485 (pending).
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chanduv23
11-05 01:07 PM
Tri State Also participates in operation 100, come on Tri State folks lets do it together with Texas
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a_yaja
12-18 09:17 PM
Hi All,
I am currently working for a University in cap-exempt H1B (company A). I got a job offer from a cap-subjected company (company B). I am aware that the H1B which i have is non-transferable and i have to apply for new H1B petition to work for company.
Since the cap numbers are still available, applying for new petition is not a problem. I was in an idea of asking my new employer (company B) to apply for new H1B petition (premium processing) while working with Company A but i came to know the following from USCIS official document that i have to stop working for the current employer before submitting the company B H1B petition. I thought I can work for the cap-exempt company A until the company B H1B is approved. Have anyone experienced it? if so when should i stop working for my current cap-exempt employer?...can i work till the LCA is approved..?
Below is the paragraph from USCIS Memo
"If the H-1B alien beneficiary has not �ceased� to be employed in a cap-Exempt position, then he or she will not be counted towards the cap.
If the H-1B alien beneficiary has �ceased� to be employed in a cap-exempt position, then the alien will be subject to the H-1B numerical limitation, and the concurrent employment petition may not be approved unless a cap number is available to the alien beneficiary.
From what you have quoted, where does it say that you have to stop working before you can apply for cap subject H1B? All it says is:
1. if you apply for a new H1B that is also cap exempt position, then you will not be counted for the cap.
2. if you apply for a new H1B this is cap subject, that a cap subject petition cannot be approved unless a cap number is available.
Since the quota is not over yet over for cap subject H1B, you should be able to work with the University till your cap subject petition is approved.
I am currently working for a University in cap-exempt H1B (company A). I got a job offer from a cap-subjected company (company B). I am aware that the H1B which i have is non-transferable and i have to apply for new H1B petition to work for company.
Since the cap numbers are still available, applying for new petition is not a problem. I was in an idea of asking my new employer (company B) to apply for new H1B petition (premium processing) while working with Company A but i came to know the following from USCIS official document that i have to stop working for the current employer before submitting the company B H1B petition. I thought I can work for the cap-exempt company A until the company B H1B is approved. Have anyone experienced it? if so when should i stop working for my current cap-exempt employer?...can i work till the LCA is approved..?
Below is the paragraph from USCIS Memo
"If the H-1B alien beneficiary has not �ceased� to be employed in a cap-Exempt position, then he or she will not be counted towards the cap.
If the H-1B alien beneficiary has �ceased� to be employed in a cap-exempt position, then the alien will be subject to the H-1B numerical limitation, and the concurrent employment petition may not be approved unless a cap number is available to the alien beneficiary.
From what you have quoted, where does it say that you have to stop working before you can apply for cap subject H1B? All it says is:
1. if you apply for a new H1B that is also cap exempt position, then you will not be counted for the cap.
2. if you apply for a new H1B this is cap subject, that a cap subject petition cannot be approved unless a cap number is available.
Since the quota is not over yet over for cap subject H1B, you should be able to work with the University till your cap subject petition is approved.
more...
greencardfever
08-15 01:17 AM
Hi,
I'm considering relocating back to India after getting my EAD since I don't know how long it's going to take to actually get the I-485 approved. My questions are:
1) Is it possible to continue to keep my I-485 application active if I relocate to India and work at the India office of the same company that filed my green card?
2) Is it possible to continue to keep my I-485 application active if I relocate to India and work for a company other than the one that filed my green card?
3) Lets say I move back to India after getting the green card, is it enough to simply enter the US once a year to keep my green card active? Can I apply for citizenship after 5 years of having the green card, even though I haven't resided in the US for those 5 years?
I'd really appreciate it if someone could please answer these questions for me.
Thanks.
I'm considering relocating back to India after getting my EAD since I don't know how long it's going to take to actually get the I-485 approved. My questions are:
1) Is it possible to continue to keep my I-485 application active if I relocate to India and work at the India office of the same company that filed my green card?
2) Is it possible to continue to keep my I-485 application active if I relocate to India and work for a company other than the one that filed my green card?
3) Lets say I move back to India after getting the green card, is it enough to simply enter the US once a year to keep my green card active? Can I apply for citizenship after 5 years of having the green card, even though I haven't resided in the US for those 5 years?
I'd really appreciate it if someone could please answer these questions for me.
Thanks.
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coolpal
02-17 05:45 PM
I am a july filer too.. but neither me nor my wife ever received FP notices... not even the first time.
My lawyer and myself contacted USCIS several times over the phone and each time they opened a case for review and replied saying they'll contact me if they need anything.
Anyone else in the same situation as mine?
pal
My lawyer and myself contacted USCIS several times over the phone and each time they opened a case for review and replied saying they'll contact me if they need anything.
Anyone else in the same situation as mine?
pal
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munnu77
09-29 03:59 PM
HI,
My company filed my Perm on Jun 4th 08 but it is not yet approved. My H1B is in its 6th year and will end in July 09. I was wondering if I would get an extension , even if my Perm gets denied for some reason.
I just want to prepare for the worst case. Can any one please help with some information.
What are my options to get a H1B extension.
Thank you,
dont worry..it took my frnd almost 4 months
My company filed my Perm on Jun 4th 08 but it is not yet approved. My H1B is in its 6th year and will end in July 09. I was wondering if I would get an extension , even if my Perm gets denied for some reason.
I just want to prepare for the worst case. Can any one please help with some information.
What are my options to get a H1B extension.
Thank you,
dont worry..it took my frnd almost 4 months
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USDream2Dust
06-14 09:53 AM
We have excellent scores and me and my wife would be both on mortgage.
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gcformeornot
09-27 08:58 AM
What will be my options to maintain my immigration status in the following scenario:
AC21 is not filed after joining the new employer (new job since 2 months).
If the previous employer revoked the I-140.
Have the same job/role and responsibilities with my new employer.
No gap between previous and new current employer.
Status of I-140 remains approved and I-485 remains pending in USCIS website.
Should I proceed AC21 filing immediately? Is there anything need to be done in order to keep the immigration status legal?
I would really appreciate your valuable suggestions.
Thank you
right now. But be prepared with EVL new employer incase your old employer revokes 140... USCIS might send you NOID or RFE in that case you will need a detailed EVL from new employer.
My lawyer insisted on sending EVL immediately after Job change in order to protect from potential NOID or RFE... or even Denial of 485 as it has happened in some cases.
AC21 is not filed after joining the new employer (new job since 2 months).
If the previous employer revoked the I-140.
Have the same job/role and responsibilities with my new employer.
No gap between previous and new current employer.
Status of I-140 remains approved and I-485 remains pending in USCIS website.
Should I proceed AC21 filing immediately? Is there anything need to be done in order to keep the immigration status legal?
I would really appreciate your valuable suggestions.
Thank you
right now. But be prepared with EVL new employer incase your old employer revokes 140... USCIS might send you NOID or RFE in that case you will need a detailed EVL from new employer.
My lawyer insisted on sending EVL immediately after Job change in order to protect from potential NOID or RFE... or even Denial of 485 as it has happened in some cases.
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serega
04-21 11:10 AM
I'm in the process of convincing my FinAid rep that I am eligible with only EAD/I-485 pending/A# (no I-94 w/parolee stamp). It worked for a secondary verification for my mortgage guaranteed by USDA (Agriculture Dept.). They use the same USCIS SAVE system for verification. The truth is no one knows how to do this. My FinAid rep admitted to never having to do this. What happens when they institute a secondary check thru SAVE is it only says EAD valid, so all it does is verify your status, but does not actually notify the agency that you are eligible for any benefits - it says so in the system rules/regs. But USDA thought that was the green light to approve me for benefits, so now I'm eligible for no down payment/low-interest mortgage. I'm trying to pull the same stunt with college. They said they will consult Dept. of Ed, so that may not work. But you need to sound convincing and not fall for their ignorant BS, until they have it clearly figured out and ask you for an I-94 w/parolee stamp valid for more that a year. Truth is, none of us will ever get a stamp valid for more that a year, since AP is given in 1 year increments. But FinAid reps almost always fall for near-1-year validity of the stamp and cave to your pressure. So keep working at it until you get what you want. That'/s what I intend to do. Once you are approved w/documentation for first year, you never have to go thru the exercise again with that school, since the school ultimately decides whether you are qualified. Good luck, and I'll post my progress.
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meridiani.planum
07-13 12:32 PM
Folks,
Please advise if you have any knowledge on the issue. Also, I am aware that I will need to take a good lawyer advise on this but what I looking for is your take.
Background:
During July'07 fiasco I was able to submit my first 485 application on the 07/02/07 itself. Because of the volume of applications received, USICS was taking a long time to issue receipts. Since we all were hearing stories of applications getting lost or returned or denied for not explicit reason and I was afraid that this window of opportunity may not open for a very long time, I decided to re-file my 485 application based on the same I-140 on Aug 10th, just days before the window closing. Both applications were filed at Nebraska Service Center.
In September 2007 USCIS issued me the receipt notice for the first application. So I decided to put a stop payment on the second application, in the hope that my second application will be rejected without prejudice. That did not happen. I got a letter from USICS threatening me to adversely affect all my future 485 applications. So I paid. A different A# was issued to me for my second application. (So I have two A#s now) Also, per their website, my receipt date for the second application is the date they received the corrected payment, which is some time in late November.
Now, my priority date is current. I am thinking of taking one of the following actions. Please advise, what should be an appropriate course of action.
a) Do Nothing as I might get my first 485 will adjudicated before they start working on the second application, whose receipt date is sometime in November.
b) Send a letter to USICS requesting them to withdraw my application (Please advise what reason should I state)
I am afraid to choose option 2 as they might send my application for some sort of reconciliation.
Thanks
Sunny
talk to an attorney.
I have a similar problem with 2 485s, one as primary, one as dependent. The PDs are 18 months apart, and both are not going to be current in August. Had ending up filing both in the July fiasco because both attorneys were dillydallying on filing and we were hoping atleast one gets through, now both did.
My attorney is now advising me NOT to withdraw one on my own, because USCIS in its own confusion might end up withdrawing BOTH petitions. This also happened to someone recently on the forum (I-140 in one case got denied, and all four 485s were denied, without USCIS realizing that 2 were tied to another I-140 which is still around). He believes we will either get an approval outright and the second petition will be automatically nullified, or we'll get an RFE.
Please advise if you have any knowledge on the issue. Also, I am aware that I will need to take a good lawyer advise on this but what I looking for is your take.
Background:
During July'07 fiasco I was able to submit my first 485 application on the 07/02/07 itself. Because of the volume of applications received, USICS was taking a long time to issue receipts. Since we all were hearing stories of applications getting lost or returned or denied for not explicit reason and I was afraid that this window of opportunity may not open for a very long time, I decided to re-file my 485 application based on the same I-140 on Aug 10th, just days before the window closing. Both applications were filed at Nebraska Service Center.
In September 2007 USCIS issued me the receipt notice for the first application. So I decided to put a stop payment on the second application, in the hope that my second application will be rejected without prejudice. That did not happen. I got a letter from USICS threatening me to adversely affect all my future 485 applications. So I paid. A different A# was issued to me for my second application. (So I have two A#s now) Also, per their website, my receipt date for the second application is the date they received the corrected payment, which is some time in late November.
Now, my priority date is current. I am thinking of taking one of the following actions. Please advise, what should be an appropriate course of action.
a) Do Nothing as I might get my first 485 will adjudicated before they start working on the second application, whose receipt date is sometime in November.
b) Send a letter to USICS requesting them to withdraw my application (Please advise what reason should I state)
I am afraid to choose option 2 as they might send my application for some sort of reconciliation.
Thanks
Sunny
talk to an attorney.
I have a similar problem with 2 485s, one as primary, one as dependent. The PDs are 18 months apart, and both are not going to be current in August. Had ending up filing both in the July fiasco because both attorneys were dillydallying on filing and we were hoping atleast one gets through, now both did.
My attorney is now advising me NOT to withdraw one on my own, because USCIS in its own confusion might end up withdrawing BOTH petitions. This also happened to someone recently on the forum (I-140 in one case got denied, and all four 485s were denied, without USCIS realizing that 2 were tied to another I-140 which is still around). He believes we will either get an approval outright and the second petition will be automatically nullified, or we'll get an RFE.
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calgirl
08-15 07:54 PM
Folks,
If I contact a Senator and they probe TSC for status, will my lawyer or the firm come to know I initiated this?
Any ideas.?
Thanks.
Now that our PD dates will be current for more than 30 days (based on next months visa bulletin), can we use Odbumsman 7001 form
Or Can we expidetite the process, as when ever we call IO they give this BS explination saying that we can only expedite if your dates are current for more than 30 days and your file is still pending.
If I contact a Senator and they probe TSC for status, will my lawyer or the firm come to know I initiated this?
Any ideas.?
Thanks.
Now that our PD dates will be current for more than 30 days (based on next months visa bulletin), can we use Odbumsman 7001 form
Or Can we expidetite the process, as when ever we call IO they give this BS explination saying that we can only expedite if your dates are current for more than 30 days and your file is still pending.
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illinois_alum
08-11 03:25 PM
Thanks for your prompt reply.
My I-94 has already expired .So should I put that validity date??
I-94 was for H1B and it is already expired.Working on EAD and didn't travle out of USA so doen't have new I-94.
Thanks again
If you don't have a valid I-94 then you could add your AP expiration date as the validity date
My I-94 has already expired .So should I put that validity date??
I-94 was for H1B and it is already expired.Working on EAD and didn't travle out of USA so doen't have new I-94.
Thanks again
If you don't have a valid I-94 then you could add your AP expiration date as the validity date
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krishmunn
05-10 02:54 PM
so true hawaldar sahib !! then applies to me too, I am replying to this thread !!!
BTW...hawaldar sahib , aap kuch kaar nahi sakte kya ? hawldar ho...? kuch tho karo yaar !!!:)
(transalation, hawaldar means police, I am requesting the cop to so something aobut it)
Chahe to chai-pani le lo. ;)
(translation: if you wish we will pay you bribe too)
BTW...hawaldar sahib , aap kuch kaar nahi sakte kya ? hawldar ho...? kuch tho karo yaar !!!:)
(transalation, hawaldar means police, I am requesting the cop to so something aobut it)
Chahe to chai-pani le lo. ;)
(translation: if you wish we will pay you bribe too)
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bijualex29
03-24 12:18 PM
That is my opinion. I may be wrong. I was always under the impression with my 2 cent of brain that 7% of ( Familiy Based+ Emplyment Based ) will be given to each state.
I try to search every where for clarification. I could not find it. However the language is not clear in the law which states that 7% of 140,000 will be alloted to each state during the fiscal year.
Can some one share there light on it please.
I try to search every where for clarification. I could not find it. However the language is not clear in the law which states that 7% of 140,000 will be alloted to each state during the fiscal year.
Can some one share there light on it please.
chanduv23
09-16 08:20 PM
^^^^^^^
surabhi
07-13 01:08 PM
I took infopass to clarify my situation with 2 I-485, different A#, and one I-140.
The IO verified and told me that both Apps have been merged and keying in either A# has brought back both Appslications. There was a LUD few weeks before I took infopass. I think it may have been because of merge.
The IO verified and told me that both Apps have been merged and keying in either A# has brought back both Appslications. There was a LUD few weeks before I took infopass. I think it may have been because of merge.
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