iv4gc
07-29 02:15 PM
permfiling,
A lot folks want to use AC21 but lawyers suggest not actually filing AC21.
So if I take the AC21 approach, but not file AC21 itself (I know this sounds a bit off kilter) wouldn't I be just fine (assuming of course job profiles from Company A & B are a comparable)?
I believe this is the tack Company B lawyer is suggesting.
Here's something I read on another lawyers website w.r.t. AC21:
1. Since GC is for future job you can use AC21 with a new employer if job profile is same. You do not ever, in past/present or future, have to work for the sponsor company.
2. AC21 notification to USCIS is not a MUST requirement. There is an 'expectation' that USCIS will be informed.
Thanks,
A lot folks want to use AC21 but lawyers suggest not actually filing AC21.
So if I take the AC21 approach, but not file AC21 itself (I know this sounds a bit off kilter) wouldn't I be just fine (assuming of course job profiles from Company A & B are a comparable)?
I believe this is the tack Company B lawyer is suggesting.
Here's something I read on another lawyers website w.r.t. AC21:
1. Since GC is for future job you can use AC21 with a new employer if job profile is same. You do not ever, in past/present or future, have to work for the sponsor company.
2. AC21 notification to USCIS is not a MUST requirement. There is an 'expectation' that USCIS will be informed.
Thanks,
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go_gc_way
07-12 03:18 PM
when you file for the 485 you can use old priority date. priority dates can be transferred if old 140 was approved and you changed the company to restart the process all over again.
Can you use an PD from an old labour application, that was approved but the labour has been used for another employee?
I think not as from your answer it appears , labour & i-140 must have been approved for the same person, just wanted to get it clarified.
Thanks.
Can you use an PD from an old labour application, that was approved but the labour has been used for another employee?
I think not as from your answer it appears , labour & i-140 must have been approved for the same person, just wanted to get it clarified.
Thanks.
thomachan72
09-17 09:22 AM
For a person holding a 10-year multiple entry B1/B2 visa, how long can they stay for each visit. Is it determined at the port of entry by the officer? or is there a standard like 30 days or something per visit? I know parents visiting can stay for max of 6 months. Can they travel across to canada and then reenter for another 6 months? Just curious.
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kurtz_wolfgang
08-23 09:02 AM
First of all Congratulations, ConchShell.
:):)
Did you get soft LUD on your 485 or 140? Since I received a soft lud on 485. NSC
:):)
Did you get soft LUD on your 485 or 140? Since I received a soft lud on 485. NSC
more...
garga
12-06 10:34 PM
Hello,
My apologies upfront if I am posting this in the wrong thread.
I am currently working on an H1B which expires in Jan 08. My question is regarding H1B extension beyond the 6yr limit. Is it possible to get an extension for my H1B (7.5 yrs completed) even after having filed my I-485 (I was able to file 485 in July of this year)?
As per my lawyer, if for some reason, my EAD renewal next year is delayed or the new card not delivered on time, I will not be allowed to work though I will not be illegal. Keeping this in mind, and also after reading numerous posts online, I got my HR to give the nod for the H1 renewal. My lawyer replied today saying that we cannot get an H1 extension as my 485 is filed and 140 cleared.
I was under the impression that I would be allowed to get the H1B renewed for another year. What are the rules / regulations on this. If someone can pls update me.
Thank you.
Apoorv
My GC status is as follows
I-140 - approved
EAD - approved
AP - approved
FP - completed .
My apologies upfront if I am posting this in the wrong thread.
I am currently working on an H1B which expires in Jan 08. My question is regarding H1B extension beyond the 6yr limit. Is it possible to get an extension for my H1B (7.5 yrs completed) even after having filed my I-485 (I was able to file 485 in July of this year)?
As per my lawyer, if for some reason, my EAD renewal next year is delayed or the new card not delivered on time, I will not be allowed to work though I will not be illegal. Keeping this in mind, and also after reading numerous posts online, I got my HR to give the nod for the H1 renewal. My lawyer replied today saying that we cannot get an H1 extension as my 485 is filed and 140 cleared.
I was under the impression that I would be allowed to get the H1B renewed for another year. What are the rules / regulations on this. If someone can pls update me.
Thank you.
Apoorv
My GC status is as follows
I-140 - approved
EAD - approved
AP - approved
FP - completed .
Lisap
09-06 02:27 PM
Somewhat the same situation happened to me, and my attorney advised this in order to avoid the filing:
You may call your bank and hold the checks that you sent second time. If INS finds that the check is not 'withdrawable' they will not file your application.
I agree with fatjoe- that is probably the best way. You could always call customer service and see if they have any suggestions? Good luck to you
You may call your bank and hold the checks that you sent second time. If INS finds that the check is not 'withdrawable' they will not file your application.
I agree with fatjoe- that is probably the best way. You could always call customer service and see if they have any suggestions? Good luck to you
more...
mrane1
07-18 04:23 PM
Wow!! never heard of such a thing!!
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gc_eb2_waiter
07-06 10:27 AM
As part of Class action lawsuit can we ask for recapturing of all unused visa numbers? I believe the number is at least 300K, it covers the green cards for 2003, 2004 and 2005. 2006 can go with 2008 quota. So everyone will be happy.
I believe this is the provision we should fight for instead of CIRcus.
What are your thoughts?
Thanks
Sree
I believe this is the provision we should fight for instead of CIRcus.
What are your thoughts?
Thanks
Sree
more...
HRPRO
02-07 10:56 AM
Thanks for the response.
The problem is not with current pay vs future pay. The company has other project managers (US Citizens) and will only pay what others get as PMs. The classification gave a pay that is almost 50% more than what other PMs make.
So the company will not commit/be willing to pay that high wage. Why should they? I know my company pays more than average of what PMs get in the industry. BTW it is not a consulting company and I work directly for the company, not clients.
I think the problem is that any kind of manager in computer/IT industry is classified under Computer information systems manager. While there can be hundreds of classifications that are not CIS managers.
To put things in perspective, the classification is for my boss's boss. But the job done by me and my boss and his boss are totally different.
So my question remains. How do we get classification as Project manager under EB2 with proper wages?
Make the Job Description sound more generic and remove the CIS terminology as much as possible.
The problem is not with current pay vs future pay. The company has other project managers (US Citizens) and will only pay what others get as PMs. The classification gave a pay that is almost 50% more than what other PMs make.
So the company will not commit/be willing to pay that high wage. Why should they? I know my company pays more than average of what PMs get in the industry. BTW it is not a consulting company and I work directly for the company, not clients.
I think the problem is that any kind of manager in computer/IT industry is classified under Computer information systems manager. While there can be hundreds of classifications that are not CIS managers.
To put things in perspective, the classification is for my boss's boss. But the job done by me and my boss and his boss are totally different.
So my question remains. How do we get classification as Project manager under EB2 with proper wages?
Make the Job Description sound more generic and remove the CIS terminology as much as possible.
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maddipati1
02-04 04:39 PM
need to travel in few days and my AP is about to get approved.
more...
garamchai2go
12-12 05:17 AM
Current Status: Case received and pending.
On Month XX, CCYY, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our XXXX SERVICE CENTER location.
On Month XX, CCYY, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our XXXX SERVICE CENTER location.
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rajuseattle
08-12 06:13 PM
Skarthy,
No worries I also e-filed on july 02dn 2008. received paper receipts on july 11th 2008.
after waiting for almost a month or more finally received my FP appointment schedule on august 08th 2008 and on the same day received CRIS e-mail for RFE. FP notification was sent by MSC (National benefits Centre).
I guess their is some miscommunication between MSC and NSC...looks like the adjudicators started processsing the apps, but couldnt find the finger prints in their system.
Once I receive the RFE in hand i would know what information USCIS is requesting and from which service centre issued RFE.
I went for e-file just to make sure that USCIS doesnt loose the forms in their huge backlog of applications, but apparently Paper file ead renewals are working much faster than e-filed EAD. Its USCIS everything is possible in their processing logic.
Bottomline guys go for Paper based EAD renewals rather than this crap e-file, where the application are routed to different Service centres and nobody knows whats going on with their applications for months.
No worries I also e-filed on july 02dn 2008. received paper receipts on july 11th 2008.
after waiting for almost a month or more finally received my FP appointment schedule on august 08th 2008 and on the same day received CRIS e-mail for RFE. FP notification was sent by MSC (National benefits Centre).
I guess their is some miscommunication between MSC and NSC...looks like the adjudicators started processsing the apps, but couldnt find the finger prints in their system.
Once I receive the RFE in hand i would know what information USCIS is requesting and from which service centre issued RFE.
I went for e-file just to make sure that USCIS doesnt loose the forms in their huge backlog of applications, but apparently Paper file ead renewals are working much faster than e-filed EAD. Its USCIS everything is possible in their processing logic.
Bottomline guys go for Paper based EAD renewals rather than this crap e-file, where the application are routed to different Service centres and nobody knows whats going on with their applications for months.
more...
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solaris27
12-07 08:53 AM
you can get 3 years extesion
change this lawer , he do't kow aything or trying to save company money .
change this lawer , he do't kow aything or trying to save company money .
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greenguru
01-31 12:56 PM
Hi ,
Yes, it is possible.
Yes, it is possible.
more...
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gcwait2007
07-07 01:38 PM
I have applied 485 during the july07 fiasco,I got 2 eads and aps,they have not even touched my case since april08.Is my case preadjudicated?
If you have not yet received any RFE, you are a lucky person and your I-485 application has been filed perfectly. As per USCIS announcements, they have almost completed (99.99%) review of all pending AOS cases and pre-adjudicated most of them. I will presume that your case has been pre-adjudicated and all set to go Green whenever visa number is available.
One way to find out whether your case been pre-adjudicated is to call USCIS thro POJ method and talk to a IO (not customer service person) and they will be able to tell you.
If you have not yet received any RFE, you are a lucky person and your I-485 application has been filed perfectly. As per USCIS announcements, they have almost completed (99.99%) review of all pending AOS cases and pre-adjudicated most of them. I will presume that your case has been pre-adjudicated and all set to go Green whenever visa number is available.
One way to find out whether your case been pre-adjudicated is to call USCIS thro POJ method and talk to a IO (not customer service person) and they will be able to tell you.
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RadioactveChimp
04-16 12:00 PM
thanks for the comments guys and dean
i dont get waht your argument is about
all I am saying is they are a tad bit boring and uncreative, but don't let that stop you :thumb: keep truckin' pal :D
i dont get waht your argument is about
all I am saying is they are a tad bit boring and uncreative, but don't let that stop you :thumb: keep truckin' pal :D
more...
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Rockford
09-06 03:12 PM
What is your RD and ND ?
Dear All,
I just received a FP notice for my wife scheduled for Sep 19, 2007. I have not received mine yet (I am the primary applicant), I have a few questions regarding this. Please help me if you have any information.
1. Is it normal for the primary applicant to not receive FP notice at the same time as dependent?
2. Can my wife get it done without me getting an FP notice?
3. Can I get my FP done on the same day as my wife even though I did not receive my FP notice?
4. I have filed for I-485, EAD and AP, will we both receive an FP notice for all 3 applications or it is just one FP for all applications?
Please help us with your expertise. Thank you very much for all your time.
PD: Aug 2005
EB3 INDIA
Nebraska
Dear All,
I just received a FP notice for my wife scheduled for Sep 19, 2007. I have not received mine yet (I am the primary applicant), I have a few questions regarding this. Please help me if you have any information.
1. Is it normal for the primary applicant to not receive FP notice at the same time as dependent?
2. Can my wife get it done without me getting an FP notice?
3. Can I get my FP done on the same day as my wife even though I did not receive my FP notice?
4. I have filed for I-485, EAD and AP, will we both receive an FP notice for all 3 applications or it is just one FP for all applications?
Please help us with your expertise. Thank you very much for all your time.
PD: Aug 2005
EB3 INDIA
Nebraska
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yogirajd
11-09 09:03 PM
Thanks I appreciate your inputs.
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mdforgc
04-19 08:03 PM
Has anyone had an experience with h1 restamping at Mumbai when they were not resident of Mumbai Embassy district.
I have an apptmt in Mumbai for May 12th for an H-1 staming and I am WORKING in USA and the address in the passport is in KERALA (Chennai consulate).
This is the response to a MAIL that I had sent to the MUMBAI consulate!!
************************************************** ********
MUMBAI, N IV to me
Apr 18 (1 day ago)
"Returning workers can apply in any of the four U.S. consulates in India."
It is advisable to apply in your own district. That is the last place in India where you resided for at least 6 months before going to the U.S.
It may be harder to qualify for the visa if you are not applying in your
own district.
The visa officers at the U. S. Embassy or Consulate at an applicant's designated consulate are generally more familiar with his or her circumstances and documents than the officers somewhere else would be.You should also be aware that even if this post allows you to apply, it is still possible that the interviewing officer will refuse to adjudicate your case and will refer you to your own district anyway.
Application fees in this case will NOT be refunded.
Best regards,
Non Immigrant Visa Section/wds
U.S. Consulate General Mumbai
************************************************** ********
I had no problem getting H1 restamped from Mumbai though my address is Kerala.
I have an apptmt in Mumbai for May 12th for an H-1 staming and I am WORKING in USA and the address in the passport is in KERALA (Chennai consulate).
This is the response to a MAIL that I had sent to the MUMBAI consulate!!
************************************************** ********
MUMBAI, N IV to me
Apr 18 (1 day ago)
"Returning workers can apply in any of the four U.S. consulates in India."
It is advisable to apply in your own district. That is the last place in India where you resided for at least 6 months before going to the U.S.
It may be harder to qualify for the visa if you are not applying in your
own district.
The visa officers at the U. S. Embassy or Consulate at an applicant's designated consulate are generally more familiar with his or her circumstances and documents than the officers somewhere else would be.You should also be aware that even if this post allows you to apply, it is still possible that the interviewing officer will refuse to adjudicate your case and will refer you to your own district anyway.
Application fees in this case will NOT be refunded.
Best regards,
Non Immigrant Visa Section/wds
U.S. Consulate General Mumbai
************************************************** ********
I had no problem getting H1 restamped from Mumbai though my address is Kerala.
waitingnwaiting
11-29 10:22 AM
This is where our problem lies. People once they are greened completely forget the troubles and "never ever" look back. Many of us (either directly or as dependents) have been greened and have reached very high positions but never feel the need to help out. I am wondering whether it is because we have failed to ask their help??
Instead on focussing on senators and congressmen/women (which IV members are already doing) would it be worthwile to prepare a list of influential (political, business, scientists) immigrants (particularly chinese and Indians) and then getting their help/input to our cause??
First people who do not have greencard should support.
Right now we do not even have 1% of those people part of IV
Instead on focussing on senators and congressmen/women (which IV members are already doing) would it be worthwile to prepare a list of influential (political, business, scientists) immigrants (particularly chinese and Indians) and then getting their help/input to our cause??
First people who do not have greencard should support.
Right now we do not even have 1% of those people part of IV
vikram2101
08-02 05:34 PM
Can people share their experience with same day counter passport collection from the vfs courier center at Chennai.
Reason I ask is, I and my wife have a 9AM appointment on 14th August. And Aug 15th being a holiday on account of India's Independence Day. Since we have to be in US on the 16th August to file for I485, getting the visa on the 16th would be too late. Therefore, it's critical that we collect the passport the same day.
Is anyone else in a similar situation? Should I inform the consular of our same night travel plans or is that ill-advised?
thanks
Reason I ask is, I and my wife have a 9AM appointment on 14th August. And Aug 15th being a holiday on account of India's Independence Day. Since we have to be in US on the 16th August to file for I485, getting the visa on the 16th would be too late. Therefore, it's critical that we collect the passport the same day.
Is anyone else in a similar situation? Should I inform the consular of our same night travel plans or is that ill-advised?
thanks
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