desi3933
07-09 11:16 AM
What does AC-21 have to do with verifying out of status? Can you give more details on how AC-21 affected his I-485?
Thanks
Every employment based I-485 applicant has to show (read: prove) that he/she is maintaining valid non-immigrant status prior to filing of I-485 application since last entry into USA. The out of status days must be less than 180 days.
For valid H1 status, the LCA location dictates the job location. The job location must be 50 miles (I need to check on this) with in LCA location.
In this case, a person was working in area B but his LC (for green card) was area A. He claimed AC-21 (AC-21 allows person to work on different location for future GC job). His I-485 denied and he filed appeal.
In appeal it was found out that he is eligible for AC-21. However it was also found that at the filing of I-485 he was working in area B whereas his H1B LCA indicated area A, so he was out of H1 status (for more than 180 days) at the time of I-485 application. So his I-485 application was denied.
_______________________
Not a legal advice.
Thanks
Every employment based I-485 applicant has to show (read: prove) that he/she is maintaining valid non-immigrant status prior to filing of I-485 application since last entry into USA. The out of status days must be less than 180 days.
For valid H1 status, the LCA location dictates the job location. The job location must be 50 miles (I need to check on this) with in LCA location.
In this case, a person was working in area B but his LC (for green card) was area A. He claimed AC-21 (AC-21 allows person to work on different location for future GC job). His I-485 denied and he filed appeal.
In appeal it was found out that he is eligible for AC-21. However it was also found that at the filing of I-485 he was working in area B whereas his H1B LCA indicated area A, so he was out of H1 status (for more than 180 days) at the time of I-485 application. So his I-485 application was denied.
_______________________
Not a legal advice.
check_name
07-26 07:05 PM
wow, thanks a lot for the reply!
I will come back often to update and do my share of contribution.
seriously, I feel the green card process is getting worse and worse.
my friends told me that things were not that bad prior to 2002.
starting 2002, it went downhill like a free fall. I have friends who haven't got their labor (turned in late 2002) done. some of them got laid off recently, and they have to go from zero again. they're seriously considering leaving the States.
Green card is like a rope on the neck.
I will come back often to update and do my share of contribution.
seriously, I feel the green card process is getting worse and worse.
my friends told me that things were not that bad prior to 2002.
starting 2002, it went downhill like a free fall. I have friends who haven't got their labor (turned in late 2002) done. some of them got laid off recently, and they have to go from zero again. they're seriously considering leaving the States.
Green card is like a rope on the neck.
uslegals
11-11 10:32 AM
thanks chakdepatte !...where do u mail all the docs...?? I read somewhere about a lock box and NOT directly to service center.?
morchu
04-23 01:51 AM
NO. It shouldn't create an issue. The key is to "have the guarantee of a same or similar position available for you on permanent basis" at the time of RFE. How many jobs you changed before that is not of a concern.
But t is very important that you act quickly. When you deal with a big employer, the bureaucratic delays can kill weeks quickly, and you will find getting late for your RFE reply.
Contact the employer with "permanent offer" and let them know of the urgency, get in touch with their lawyer, and get the letter framed ASAP. You dont even have to start working with them before sending the letter.
The other option is to get the "employment verification" from your current consulting employer. The only advantage I see here is "probably" time.
Is it not risky to move when your RFE response is pending? I worked for just 2 employers for 9 yrs between 2000 -- 2009
then since March I have so far been with 2 employers and now 3rd PERM offer.. I am concerned if that can create issues..
But t is very important that you act quickly. When you deal with a big employer, the bureaucratic delays can kill weeks quickly, and you will find getting late for your RFE reply.
Contact the employer with "permanent offer" and let them know of the urgency, get in touch with their lawyer, and get the letter framed ASAP. You dont even have to start working with them before sending the letter.
The other option is to get the "employment verification" from your current consulting employer. The only advantage I see here is "probably" time.
Is it not risky to move when your RFE response is pending? I worked for just 2 employers for 9 yrs between 2000 -- 2009
then since March I have so far been with 2 employers and now 3rd PERM offer.. I am concerned if that can create issues..
more...
raydon
09-30 01:55 AM
The processing times for I-140 applications in the TSC show no change since the last update. Are there any changes in the NSC processing times ?
I haven't been following the I-485 times for a while since my priority date (EB3/ Mar 2004) is not current and I'm more keen on the I-140 approval for now.
I haven't been following the I-485 times for a while since my priority date (EB3/ Mar 2004) is not current and I'm more keen on the I-140 approval for now.
amit1234
08-27 08:19 AM
Hi,
can any lawers give me reply?
Thanks in advance
can any lawers give me reply?
Thanks in advance
more...
desi3933
06-25 07:24 AM
Got this from the Chennai US consulate website.
I apologise if this info is old - i had never heard of the US consulate issueing "B1 in lieu of H1" visa.
B-1 in Lieu of H
Any person holding a B1 or B1/B2 visa may be eligible to perform H-1B work in the United States as long as they fulfill the following criteria:
Hold the equivalent of a U.S. bachelor’s degree
Plan to perform H-1B-caliber work or training
Will be paid only by their foreign employer, except reimbursement of incidental travel costs such as housing and per diem. The employee must not receive any salary from a U.S. source.
The task can be accomplished in a short period of time.
These travelers would be admitted as B1 visitors, and may only stay in the U.S. for the time allotted by the Department of Homeland Security upon entry.
Like any other B1/B2 applicant, travelers must still show strong professional, familial and financial or other ties, which indicate a strong inducement to return to the country of origin or another country other than the United States.
Consulate General Chennai is prepared to issue B1/B2 visas to qualified applicants for this purpose. These visas may also be used for tourism. Current holders of B1/B2 visas may already use this provision without seeking another visa.
When seeking a visa for this purpose, please clearly explain this in the applicant’s BEP cover letter.
If the applicant and employer so chooses, they may also apply for a more limited B1 visa with the annotation “B-1 in lieu of H.” These visas may not be used for pleasure travel.
The Customs and Border Patrol agents at Ports of Entry are aware of this provision. If asked at the border, applicants are advised to explain completely their purpose of travel and that they will not be paid from sources based in the United States. Travelers are encouraged to carry a letter from their host company and Indian employer listing the traveler’s duties, length of stay and remuneration plans.
>> When seeking a visa for this purpose, please clearly explain this in the applicant’s BEP cover letter.
This is the key here. One must declare that he/she will perform H1 like work at time of seeking short term B1 visa.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
I apologise if this info is old - i had never heard of the US consulate issueing "B1 in lieu of H1" visa.
B-1 in Lieu of H
Any person holding a B1 or B1/B2 visa may be eligible to perform H-1B work in the United States as long as they fulfill the following criteria:
Hold the equivalent of a U.S. bachelor’s degree
Plan to perform H-1B-caliber work or training
Will be paid only by their foreign employer, except reimbursement of incidental travel costs such as housing and per diem. The employee must not receive any salary from a U.S. source.
The task can be accomplished in a short period of time.
These travelers would be admitted as B1 visitors, and may only stay in the U.S. for the time allotted by the Department of Homeland Security upon entry.
Like any other B1/B2 applicant, travelers must still show strong professional, familial and financial or other ties, which indicate a strong inducement to return to the country of origin or another country other than the United States.
Consulate General Chennai is prepared to issue B1/B2 visas to qualified applicants for this purpose. These visas may also be used for tourism. Current holders of B1/B2 visas may already use this provision without seeking another visa.
When seeking a visa for this purpose, please clearly explain this in the applicant’s BEP cover letter.
If the applicant and employer so chooses, they may also apply for a more limited B1 visa with the annotation “B-1 in lieu of H.” These visas may not be used for pleasure travel.
The Customs and Border Patrol agents at Ports of Entry are aware of this provision. If asked at the border, applicants are advised to explain completely their purpose of travel and that they will not be paid from sources based in the United States. Travelers are encouraged to carry a letter from their host company and Indian employer listing the traveler’s duties, length of stay and remuneration plans.
>> When seeking a visa for this purpose, please clearly explain this in the applicant’s BEP cover letter.
This is the key here. One must declare that he/she will perform H1 like work at time of seeking short term B1 visa.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
ayaskant
02-01 10:20 AM
Thanks kanshul for ur reply. What is your suggestion for me.
Should I stick onto my current employer.
Do you have any clue when will be the date current for me.Any chance in this year?
My clients have made my life hell forcing me to join in the company as permanent.
Should I stick onto my current employer.
Do you have any clue when will be the date current for me.Any chance in this year?
My clients have made my life hell forcing me to join in the company as permanent.
more...
bekugc
03-31 11:33 AM
previously when entering on AP, they used to ask for receipt of 485.
so main proof they look for is a valid 'inprogress' 485 appln.
i dont think theyll ask ur wife to show her EAD card at the port of entry.
to be safe, give her a cpy of 485 reciept, a copy of the receipt for the new EAD, and carry the old ead card. i think u shud be fine.
having valid , nonlapsed EAD cards is probably only imp for those who are USING the ead. if ur wife is not working and if her ead arrves few weeks late, it wont matter as long as u have applied for its renewal and have proof of it.
this shud be an easy qn for ur attorney.
so main proof they look for is a valid 'inprogress' 485 appln.
i dont think theyll ask ur wife to show her EAD card at the port of entry.
to be safe, give her a cpy of 485 reciept, a copy of the receipt for the new EAD, and carry the old ead card. i think u shud be fine.
having valid , nonlapsed EAD cards is probably only imp for those who are USING the ead. if ur wife is not working and if her ead arrves few weeks late, it wont matter as long as u have applied for its renewal and have proof of it.
this shud be an easy qn for ur attorney.
sent4dc
08-25 08:36 PM
Thanks, crystal. But what would happen if I wait now and just say, hypothetically, my I-140 is denied?
more...
anandrajesh
12-08 11:39 PM
Dear friends,
We are hoping to here from members in MN, there is much to be done yet...let us build on the energy from these last days.
Please visit the Chapters thread in the members only area and post your info and ideas in the MN chapter thread. Thanks!
OR use this thread if it is just more convenient....
Count me in dude... i am not a member in the state chapter...
We are hoping to here from members in MN, there is much to be done yet...let us build on the energy from these last days.
Please visit the Chapters thread in the members only area and post your info and ideas in the MN chapter thread. Thanks!
OR use this thread if it is just more convenient....
Count me in dude... i am not a member in the state chapter...
gcdreamer05
01-15 09:45 AM
So could you please explain when does this new process kick in, does it apply to all apps filed after may 2008 as said in the article ?
more...
snram4
01-23 12:37 AM
If you are out of status you may have to go India to get Visa. Canada and Mexico may not give Visa You were out of status for couple of months. So it should not be an issue in getting Visa
[
QUOTE=pradeepd;1400834]Hi,
I work as a full time employee (h1b) for a company abc in CA. In Oct 09 they laid off a couple of people and the attorney instead of revoking a laid off persons h1b sent a note to USCIS to revoke my h1b while im still employed. They informed USCIS to ignore the note they sent but USCIS ignored and cancelled my H1. In the meantime attorney files another h1b and got h1b approval (without i94 stub)
I was getting paystub till now and today they called me and said I was out of status due to the mistake they did. They didn't inform me about the out of status from Nov 07 2009. They basically wanted to cover their mistakes. Now yhey are asking me to go to Canada or Mexico to get H1B stamped. Here are my concerns
1) What will be implication in the embassy for such situations where I'm totally unaware of our of status situation
2) Is there chances of my H1B getting rejected in Canada or mexico due to out of status and would they ask me to go to India from Canada/Mexico ( i don't mind going to india but I have 5 month old baby and woudn't want to risk the travel from US to Canada/mexico to India)
3) Or is it advisable to go to india and get it stamped
My company has given a letter stating that it was their error to USICS and agreed to bear all the expenses for travel.
I need your urgent help and all of your comments and suggestions are greatly appreciated.
Thanks,
Sudha[/QUOTE]
[
QUOTE=pradeepd;1400834]Hi,
I work as a full time employee (h1b) for a company abc in CA. In Oct 09 they laid off a couple of people and the attorney instead of revoking a laid off persons h1b sent a note to USCIS to revoke my h1b while im still employed. They informed USCIS to ignore the note they sent but USCIS ignored and cancelled my H1. In the meantime attorney files another h1b and got h1b approval (without i94 stub)
I was getting paystub till now and today they called me and said I was out of status due to the mistake they did. They didn't inform me about the out of status from Nov 07 2009. They basically wanted to cover their mistakes. Now yhey are asking me to go to Canada or Mexico to get H1B stamped. Here are my concerns
1) What will be implication in the embassy for such situations where I'm totally unaware of our of status situation
2) Is there chances of my H1B getting rejected in Canada or mexico due to out of status and would they ask me to go to India from Canada/Mexico ( i don't mind going to india but I have 5 month old baby and woudn't want to risk the travel from US to Canada/mexico to India)
3) Or is it advisable to go to india and get it stamped
My company has given a letter stating that it was their error to USICS and agreed to bear all the expenses for travel.
I need your urgent help and all of your comments and suggestions are greatly appreciated.
Thanks,
Sudha[/QUOTE]
gc??
12-09 08:42 AM
Dream passed the house.
Upto the Senate now........
Upto the Senate now........
more...
rajeever
02-27 12:33 PM
Hi,
My name is Rajeev. I�m working as a senior technology consultant (Senior Business Analyst and Senior Quality Assurance) with a top IT consulting and service company.
Background:
My H1-B visa and 1-94 are expiring on July 06th 2009 (almost 4 months from now) and final 6 year H1-B time is ending on May 2011.
I spoke with the HR manager of my company to renew my H1-B visa four times in last couple of months but every time she says that there is of integration going on (Actually, my company was acquired by another company and right now integration is going process is going on). However, I spoke with the immigration department of my company and they told me that since integration process is under way, however this integration process will not effect the renewal of H1-B process, company will deal it in the same way it was dealing before. I explained this thing to my Manager on Tuesday but again, she was not convinced and want to speak with the her immigration contacts and advised me to wait and didn�t gave me a date when she is going to get back to me ( I don�t know what is going on in her mind).
So far, I�ve not applied for Green card, actually, last September, I submitted all the paper work to my Manager (till Dec 2008, I was employed with the consulting division of my company and afterward, I was transferred to the local account). With this transfer, my consulting division manager refused to process and pay for my GC and advised me that I should apply it through local account.
Now local account is saying that it is very unlikely that they�ll sponsor my GC because there is lot of cost cutting going on and GC process takes anywhere from 10 K to 14K. I did told them that company may deduct the GC fees through my pay. But I didn�t hear anything from them so far. Its been almost 2 months now.
Advise and Help:
Since my final H1-B is expiring on May 2011. Almost 2 years and 2 months. My GC is not filed yet. What should I do now?
1. Look for a new job, who can sponsor my H1-B (actually, I�ve started looking but no luck yet).
2. What if if I don�t find a job till July 6 2009?
3. is it a good idea to transfer my H1-B visa to Indian consultancy company without a project in hand?
4. Please recommend good Indian consultancy companies to whom I speak regarding my H1-B transfer and GC application process.
Please ask me specific questions or which I may not have addressed above or I�ve not explained any section above.
On the different note, I was also got stuck in Canada last year from April 2008 to Aug 2008. Here is my previous post http://immigrationvoice.org/forum/showthread.php?p=279088.
Many thanks!
Rajeev
.
My name is Rajeev. I�m working as a senior technology consultant (Senior Business Analyst and Senior Quality Assurance) with a top IT consulting and service company.
Background:
My H1-B visa and 1-94 are expiring on July 06th 2009 (almost 4 months from now) and final 6 year H1-B time is ending on May 2011.
I spoke with the HR manager of my company to renew my H1-B visa four times in last couple of months but every time she says that there is of integration going on (Actually, my company was acquired by another company and right now integration is going process is going on). However, I spoke with the immigration department of my company and they told me that since integration process is under way, however this integration process will not effect the renewal of H1-B process, company will deal it in the same way it was dealing before. I explained this thing to my Manager on Tuesday but again, she was not convinced and want to speak with the her immigration contacts and advised me to wait and didn�t gave me a date when she is going to get back to me ( I don�t know what is going on in her mind).
So far, I�ve not applied for Green card, actually, last September, I submitted all the paper work to my Manager (till Dec 2008, I was employed with the consulting division of my company and afterward, I was transferred to the local account). With this transfer, my consulting division manager refused to process and pay for my GC and advised me that I should apply it through local account.
Now local account is saying that it is very unlikely that they�ll sponsor my GC because there is lot of cost cutting going on and GC process takes anywhere from 10 K to 14K. I did told them that company may deduct the GC fees through my pay. But I didn�t hear anything from them so far. Its been almost 2 months now.
Advise and Help:
Since my final H1-B is expiring on May 2011. Almost 2 years and 2 months. My GC is not filed yet. What should I do now?
1. Look for a new job, who can sponsor my H1-B (actually, I�ve started looking but no luck yet).
2. What if if I don�t find a job till July 6 2009?
3. is it a good idea to transfer my H1-B visa to Indian consultancy company without a project in hand?
4. Please recommend good Indian consultancy companies to whom I speak regarding my H1-B transfer and GC application process.
Please ask me specific questions or which I may not have addressed above or I�ve not explained any section above.
On the different note, I was also got stuck in Canada last year from April 2008 to Aug 2008. Here is my previous post http://immigrationvoice.org/forum/showthread.php?p=279088.
Many thanks!
Rajeev
.
ajm
05-04 08:18 PM
My thoughts exactly! Here is a thread I opened on the subject a couple of weeks ago:
http://immigrationvoice.org/forum/showthread.php?t=600
The idea makes such good economic sense (the government would be price discriminating to increase its revenue) that if USCIS were a private entity they would have implemented something like this a long time ago. But unfortunately it is not and we have to suffer under a "one size fits all" system.
http://immigrationvoice.org/forum/showthread.php?t=600
The idea makes such good economic sense (the government would be price discriminating to increase its revenue) that if USCIS were a private entity they would have implemented something like this a long time ago. But unfortunately it is not and we have to suffer under a "one size fits all" system.
more...
Karthikthiru
04-13 01:32 PM
it is nice to see people with older priority dates are getting approved. At least USCIS is working in proper order rather than in wild pattern
msp1976
12-22 03:42 PM
How will judge determine that we actually received the post.It can be lost on the way or something else can happen.Or do we have to sign the notice when the postman gets it.
Kinda imperfect science...
Depends on the judge's mood..how charitable the judge is feeling that day..Did he/she got laid the day before and so on....
Kinda imperfect science...
Depends on the judge's mood..how charitable the judge is feeling that day..Did he/she got laid the day before and so on....
dilbert_cal
07-10 12:00 AM
Answer inline in different color
I'm working for a big company in US since 2001. My Lc is filed in 2001 and it is still pending in BEC (phily).
Recently my company offered me LC substitution (PD of 2002). I have taken it and they filed 140. I need to show the previous experience of a skill set in 1999. I have a letter from that company for that. The problem is that company is out of business.
Questions
1)Will USCIS call that employer (employer is in a foreign country) for that experience?If so, the company is closed. What will happen? Will they reject my 140?
The chances of USCIS calling up the company are slim - havent heard of it from anyone yet. In case, they do call and find the company is closed, they might ask for additional evidence that you worked for the company - paystubs, I.T. return or anything that proves you were working there.
2)My original LC is approved (got approved yesterday)? My lawyer is telling that they will file 140 on this one also? How on earth can I habe 2 140's? When my time comes for 485, which 140 should I choose? I'm confused
Can you have more than one 140 - Absolutely yes. Can you have it from the same company - YES again. In terms of which 140 to choose - here is what I might have done if I were in your position. The substitution 140 can only be filed in normal processing. For the month of July, premium processing is not available for 140 but hopefully in Auguest, USCIS will again allow premium processing. I'd had put my own labor's 140 in premium processing.
Next, I would wait for September and as soon as the bulletin comes out - there is a very very high possibility of your 2001 date becoming current then , make sure that your 485 is filed on the very first date. Your 2001 PD is better in terms of PD if both the PDs are in the same category. Otherwise, EB2 is better than EB3 as of now.
Hope this helps you.
I'm working for a big company in US since 2001. My Lc is filed in 2001 and it is still pending in BEC (phily).
Recently my company offered me LC substitution (PD of 2002). I have taken it and they filed 140. I need to show the previous experience of a skill set in 1999. I have a letter from that company for that. The problem is that company is out of business.
Questions
1)Will USCIS call that employer (employer is in a foreign country) for that experience?If so, the company is closed. What will happen? Will they reject my 140?
The chances of USCIS calling up the company are slim - havent heard of it from anyone yet. In case, they do call and find the company is closed, they might ask for additional evidence that you worked for the company - paystubs, I.T. return or anything that proves you were working there.
2)My original LC is approved (got approved yesterday)? My lawyer is telling that they will file 140 on this one also? How on earth can I habe 2 140's? When my time comes for 485, which 140 should I choose? I'm confused
Can you have more than one 140 - Absolutely yes. Can you have it from the same company - YES again. In terms of which 140 to choose - here is what I might have done if I were in your position. The substitution 140 can only be filed in normal processing. For the month of July, premium processing is not available for 140 but hopefully in Auguest, USCIS will again allow premium processing. I'd had put my own labor's 140 in premium processing.
Next, I would wait for September and as soon as the bulletin comes out - there is a very very high possibility of your 2001 date becoming current then , make sure that your 485 is filed on the very first date. Your 2001 PD is better in terms of PD if both the PDs are in the same category. Otherwise, EB2 is better than EB3 as of now.
Hope this helps you.
copsmart
10-09 10:26 AM
I haven't tried visitor/business visa, but I got a transit visa for Germany once with an expired H1B stamping in passport. I got that visa from German Counsulate in Boston, MA.
Hope this helps!
Hope this helps!
nogc_noproblem
06-27 01:47 PM
Just got �Card Production Ordered� LUD for EAD for both myself and my wife. Wish it could have happened on the next working day, which is Monday - June 30th, we could have got 2 year EAD, unlucky!!!
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