ssa
10-30 12:40 PM
In my case - which is little different than you since I'm actually transferring my job to a different subsidiary of the same employer with employer's blessing - attorney advised to file AC21 even though I had just received my GC. It sounds counter-intuitive but his logic behind it was as follows: USCIS will surely reject AC21 letter stating the candidate has already received GC. You can then keep this response in your file and use it to defend your case if there is any problem down the road (for example, during your citizenship processing) since you had informed USCIS and they themselves said it's not necessary. In case they do not reject your AC21 request you will still be fine since it means you invoked AC21 even though you got your GC so it should still be okay to switch before 6 months.
As always this is one attorney's personal opinion/strategy so please consult your own attorney before doing anything.
As always this is one attorney's personal opinion/strategy so please consult your own attorney before doing anything.
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JeffDG
01-19 08:05 PM
You almost make it sound like did a EB3 applicant become a "slumdog millionaire" ? :)
If they did, they could just invest and qualify for EB5!:)
If they did, they could just invest and qualify for EB5!:)
gc_lover
06-28 03:48 PM
I checked Rajiv Khanna's site , there is no memo to that effect.
Also , I am a client of their law firm and they didnt send/email any memo to this effect.
Could you please post the link?
Thanks
Relax please...It's his sick idea of joke. I wish this thread gets merged or deleted!
Also , I am a client of their law firm and they didnt send/email any memo to this effect.
Could you please post the link?
Thanks
Relax please...It's his sick idea of joke. I wish this thread gets merged or deleted!
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nlssubbu
12-08 12:17 PM
Her H4 is not valid. She did travel to India without an approved AP.
Can we cancel her GC application and bring her back on H4?
Any other options?
Why don't you take info pass and explain the need for an emergency visit and get an interim AP?
Thanks
Can we cancel her GC application and bring her back on H4?
Any other options?
Why don't you take info pass and explain the need for an emergency visit and get an interim AP?
Thanks
more...
LostInGCProcess
09-18 04:25 PM
If I work little less than 40 hrs will it be considered as part time? Can I use EAD at that time ?
NO. Once you start using your EAD, whether part-time of full-time, it take precedence and your H1 becomes invalid.
NO. Once you start using your EAD, whether part-time of full-time, it take precedence and your H1 becomes invalid.
amsgc
01-23 06:48 PM
I can't think of any issue - as long as you have all the papers, seems fairly straight forward and routine to me.
Sorry for little confusion.
What I mean was,
- I filed I-485 for me and my wife
- then after 180 days I switched to a new company with H1B transfer.
- So, I am still in H1B status.
- But my wife (secondary applicant) is using EAD based on I-485 and working.
Which means we used AC21 for portability of our I-140 and I-485 cases.
Now, we are planning to travel home to India. My wife need to use AP and I will still be using H1B visa.
So, my question was, whether there will be issue at Port of Entry when primary applicant(which is me) is still in H1B visa with pending I-485 and my wife is using EAD with AP?
Sorry for little confusion.
What I mean was,
- I filed I-485 for me and my wife
- then after 180 days I switched to a new company with H1B transfer.
- So, I am still in H1B status.
- But my wife (secondary applicant) is using EAD based on I-485 and working.
Which means we used AC21 for portability of our I-140 and I-485 cases.
Now, we are planning to travel home to India. My wife need to use AP and I will still be using H1B visa.
So, my question was, whether there will be issue at Port of Entry when primary applicant(which is me) is still in H1B visa with pending I-485 and my wife is using EAD with AP?
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ivgclive
03-29 07:39 PM
Which airport in Bangalore you landed?
Lal Bagh Airport. :D :D :D
Lal Bagh Airport. :D :D :D
2010 colors usually come in the
qplearn
11-20 08:05 PM
The email id for 60 minutes is:
60m@cbsnews.com
After sending email, put a post here so we know how many emails have gone.
60m@cbsnews.com
After sending email, put a post here so we know how many emails have gone.
more...
ImmiLosers
09-26 08:53 PM
Even if your employer revokes I-140 the PD is locked - Make sure you have a Copy of 140 approval Receipt Notice and a copy of the Labor PD. When you file new GC or 485 application just ask your company's lawyer to slip in the old 140 instead of new 140.
This is a real cool feature but make sure you have to maintain H status all the time - i'm here for 9 yrs and whenever i think about these maverick cool steps i stop at the point of H transfer , extension and fear of getting H denied.
Just to correct you - if you request USCIS to port your old PD during 2nd 140 approval you are good; if you request during I-485 , you got to attach both I140s, which is another recipe for confusion.
In my case I ported but did not get the benefit yet ;
Do it when you have desperate situation? Not sure whether USCIS scrutinize
such applications more than others.
This is a real cool feature but make sure you have to maintain H status all the time - i'm here for 9 yrs and whenever i think about these maverick cool steps i stop at the point of H transfer , extension and fear of getting H denied.
Just to correct you - if you request USCIS to port your old PD during 2nd 140 approval you are good; if you request during I-485 , you got to attach both I140s, which is another recipe for confusion.
In my case I ported but did not get the benefit yet ;
Do it when you have desperate situation? Not sure whether USCIS scrutinize
such applications more than others.
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pappu
12-15 09:47 AM
http://immigrationvoice.org/forum/blog.php?b=11
more...
arjunpa
08-18 10:32 AM
Hello
Case details
--Lay off with Employer A happened in April and I was without a job for a couple of months
--I have a valid Visa with employer A until April 2010.
--Finally found a job as a consultant, employer B applied for my H1B.
--RFE has been answered with sufficient documents and awaiting a response.
Question
I read/hear that since there is a 2 month period with no paystubs, I might get an approval for I-797 but without I-94. In such a case what actions should be taken.
Please advice.
Thanks!
Case details
--Lay off with Employer A happened in April and I was without a job for a couple of months
--I have a valid Visa with employer A until April 2010.
--Finally found a job as a consultant, employer B applied for my H1B.
--RFE has been answered with sufficient documents and awaiting a response.
Question
I read/hear that since there is a 2 month period with no paystubs, I might get an approval for I-797 but without I-94. In such a case what actions should be taken.
Please advice.
Thanks!
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DallasBlue
07-13 11:42 AM
How about " Thank you USCIS " banners ?:confused:
dont forget to get your watter bottles.
dont forget to get your watter bottles.
more...
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Ramba
08-26 04:29 PM
I am also in the same boat. I have my Masters in Mechanical Engineering. I had filed for H1B with companies A & B as Mechanical Engineer and have worked with them for 1.5 years each.
Recently I had switched to desi company (C) and had to file my H1B as Software Engineer. I got my H1B without issues. I am crossing my fingers and planning to apply for Labor Certification as Software Engineer in EB2. (MS -Mech Engg + 1 year experience).
Other members pls share your experience if your case is simillar. I know lot of people who did their masters in other fields and changed to Software when they were in OPT. But do not know some one who has worked in H1b as Mechanical engineer and then got another H1 as software engineer. Has anyone with my simillar background, gone past the I140 stage?
Thanks.
It is all depend on how your employer specifies the education requirement for the position in LC. If that position requires engineering in any branch, then you will be fine. Otherwise, if the position requires education in particular branch and if you do not have that branch of study, then it may be a problem in LC or 140.
Recently I had switched to desi company (C) and had to file my H1B as Software Engineer. I got my H1B without issues. I am crossing my fingers and planning to apply for Labor Certification as Software Engineer in EB2. (MS -Mech Engg + 1 year experience).
Other members pls share your experience if your case is simillar. I know lot of people who did their masters in other fields and changed to Software when they were in OPT. But do not know some one who has worked in H1b as Mechanical engineer and then got another H1 as software engineer. Has anyone with my simillar background, gone past the I140 stage?
Thanks.
It is all depend on how your employer specifies the education requirement for the position in LC. If that position requires engineering in any branch, then you will be fine. Otherwise, if the position requires education in particular branch and if you do not have that branch of study, then it may be a problem in LC or 140.
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sravani
05-15 01:05 PM
Here's a rather strange and may be uncommon situation for someone I know who needs suggestions from gurus here...such huge PD movements do result in strange situations such as these :)
EB3 India Labor + I-140 certified with PD Feb 2003
EB2-140 pending at NSC hoping to port the EB3 PD date
So both cases are now current, which leads to a couple of options for AOS:
1. File based on approved EB3 (and risk a potential retrogression in future)
2. File based on pending EB2 140 before it is approved (and risk potential RFE, etc. and who knows if it would be too late to revert to the EB3)
The other option is to upgrade the EB2 140 to PP, but could you please list the relative merits of the above two options?
My case is also similar and I decided to go with EB2
My EB3 PD is Nov 2002. I got promotion this year and same company applied for my EB2 labor via Perm and got approved with in couple of months.
My attorney already filed my 485 application concurrently while applying for EB2 I-140 PD (PP) last month. I got an RFE(edu: 3 year Engineering degree). My EB2 I-140 is approved yesterday after receiving the RFE response. It's better to utilize the EB2 category if you can, in case if they decide to retrogress again, it's likely that you will get the GC soon with EB2 PD than EB3 PD.
EB3 India Labor + I-140 certified with PD Feb 2003
EB2-140 pending at NSC hoping to port the EB3 PD date
So both cases are now current, which leads to a couple of options for AOS:
1. File based on approved EB3 (and risk a potential retrogression in future)
2. File based on pending EB2 140 before it is approved (and risk potential RFE, etc. and who knows if it would be too late to revert to the EB3)
The other option is to upgrade the EB2 140 to PP, but could you please list the relative merits of the above two options?
My case is also similar and I decided to go with EB2
My EB3 PD is Nov 2002. I got promotion this year and same company applied for my EB2 labor via Perm and got approved with in couple of months.
My attorney already filed my 485 application concurrently while applying for EB2 I-140 PD (PP) last month. I got an RFE(edu: 3 year Engineering degree). My EB2 I-140 is approved yesterday after receiving the RFE response. It's better to utilize the EB2 category if you can, in case if they decide to retrogress again, it's likely that you will get the GC soon with EB2 PD than EB3 PD.
more...
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pappu
04-25 11:23 AM
Could you please update your profile so that it helps people tracking cases on IV tracker.
Thanks
Thanks
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fatjoe
09-02 10:57 PM
Is it possible to let us know their RD and ND too? Just wanted to find the pattern on how TSC is approving the case. That would be much helpful for those who are waiting.
more...
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BharatPremi
07-11 11:18 PM
Thanks to the person who posted the link to the Ombundsman report earlier - this is beginning to make sense now.
USCIS Ombundsman report from JUNE 2007 says:
"For example, when employment-based visas are not used during the year they are authorized, they are lost and are not available for future use without special legislation. In FY 06, over 10,000 employment-based visas were lost, even though USCIS had an estimated 100,000 to 150,000 pending applications for employment-based green cards.36 - Based on USCIS use of visa numbers as of May 2007, at present consumption rates approximately 40,000 visas will be lost in FY 07 without a dramatic increase in USCIS requests of visa numbers.37
- As illustrated below, since 1994 there have been over 218,000 un-recaptured employment-based visas lost due to underutilization of the employment-based visas."
Dept of State: Sees visa numbers not being used, chances of visas going unutilized/unused/wasted/lost again this year. Makes July visa bulletin CURRENT for all countries & categories.
USCIS: Scrambles to approve as many visas as possible to 1) Prove they're working hard, in light of the Ombundsman Report from June 2) Save themselves from the avalanche of I-485s, EADs and AP filings in June, knowing 3) Filing fees go up like crazy on 30th July.
End Result: More visa numbers requested (but they didn't complete issuing all of them, even over the weekend).
As things stand, if they approved stuff on 1st July, it means visa numbers were in fact available on 1st July.
If they approved without completing FBI check - that's going to raise a stink and isn't entirely legal anyways.
If they *still had visa numbers available on July 2* - request from DoS but not approved, they're in bigger trouble, imho.
Anybody thinks the above makes sense?
jazz
When you were Jazzing, everybody already spent time to know this...a month ago.. Anyway welcome to the party... "Der se aye Durast Aye... welcome :) :)
USCIS Ombundsman report from JUNE 2007 says:
"For example, when employment-based visas are not used during the year they are authorized, they are lost and are not available for future use without special legislation. In FY 06, over 10,000 employment-based visas were lost, even though USCIS had an estimated 100,000 to 150,000 pending applications for employment-based green cards.36 - Based on USCIS use of visa numbers as of May 2007, at present consumption rates approximately 40,000 visas will be lost in FY 07 without a dramatic increase in USCIS requests of visa numbers.37
- As illustrated below, since 1994 there have been over 218,000 un-recaptured employment-based visas lost due to underutilization of the employment-based visas."
Dept of State: Sees visa numbers not being used, chances of visas going unutilized/unused/wasted/lost again this year. Makes July visa bulletin CURRENT for all countries & categories.
USCIS: Scrambles to approve as many visas as possible to 1) Prove they're working hard, in light of the Ombundsman Report from June 2) Save themselves from the avalanche of I-485s, EADs and AP filings in June, knowing 3) Filing fees go up like crazy on 30th July.
End Result: More visa numbers requested (but they didn't complete issuing all of them, even over the weekend).
As things stand, if they approved stuff on 1st July, it means visa numbers were in fact available on 1st July.
If they approved without completing FBI check - that's going to raise a stink and isn't entirely legal anyways.
If they *still had visa numbers available on July 2* - request from DoS but not approved, they're in bigger trouble, imho.
Anybody thinks the above makes sense?
jazz
When you were Jazzing, everybody already spent time to know this...a month ago.. Anyway welcome to the party... "Der se aye Durast Aye... welcome :) :)
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my2cents
08-05 11:36 AM
Time and again - there are confilicting opinion from attorneys.
My attorney ( and i trust her) said that if you are maintaining H1/H4 status (not necessairly VISA stamped) . your I-485/I-131 doesn't get considered cancelled and only requirements that you must be in US while filing. Being on purely non immigrant VISA like F1/F2/B1 you must be in US on day of approval.
People normally refer to friend's example but i have 2 collegues whose spouses has done same thing. Spouse's H4 visa stamping is long expired but they were gone to India after filing AP and they have comeback without any issue.
If you have not extended ur H1-B/H4 (dual immigrant) and have take advantage on AC-21 then I believe that you are not maintaining any non-immigrant status and you are just paroled in.
Thanks
My attorney ( and i trust her) said that if you are maintaining H1/H4 status (not necessairly VISA stamped) . your I-485/I-131 doesn't get considered cancelled and only requirements that you must be in US while filing. Being on purely non immigrant VISA like F1/F2/B1 you must be in US on day of approval.
People normally refer to friend's example but i have 2 collegues whose spouses has done same thing. Spouse's H4 visa stamping is long expired but they were gone to India after filing AP and they have comeback without any issue.
If you have not extended ur H1-B/H4 (dual immigrant) and have take advantage on AC-21 then I believe that you are not maintaining any non-immigrant status and you are just paroled in.
Thanks
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gcdreamer05
11-12 04:02 PM
Folks, wanted to share the feedback from my immigration attorney, the attorney office which did my h1b, h4, eb3 etc, it is a pretty big firm and has good reputation.
The attorney clearly told me, that as long as there is no salary and if it is volunteering then we can go ahead whether it is profit making or non-profit it does not matter.
Now im still confused what do i do......
to be on safer side i may suggest going for non-profit org.
The attorney clearly told me, that as long as there is no salary and if it is volunteering then we can go ahead whether it is profit making or non-profit it does not matter.
Now im still confused what do i do......
to be on safer side i may suggest going for non-profit org.
ryan
02-03 04:09 PM
That is correct. Mixing and matching with certifications doesn't work. Although I don't know about CPA, if it goes towards professional degree.
Hey there, I have a three year bachelor's (from Australia) and an American CPA. I believe the two can be evaluated to an Ameircan Master's equivalent. Please, check with your lawyers. It should be possible.
Hey there, I have a three year bachelor's (from Australia) and an American CPA. I believe the two can be evaluated to an Ameircan Master's equivalent. Please, check with your lawyers. It should be possible.
ursosweet
10-02 08:55 PM
so when is a visa no. allocated?
say, i filed in july when visa bulletin was current and now its retrogressed to 2004. my PD is 2006. so can it happen that if all runs smooth and application is complted, i can get my GC, even tough visa bulletin may not have yet cut past my PD? so in a nut shell, visa no. is given when 485 is recipted or when its approved?
say, i filed in july when visa bulletin was current and now its retrogressed to 2004. my PD is 2006. so can it happen that if all runs smooth and application is complted, i can get my GC, even tough visa bulletin may not have yet cut past my PD? so in a nut shell, visa no. is given when 485 is recipted or when its approved?
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