unseenguy
01-21 02:42 AM
Hello Friends,
Current Situation:
-I am on my 10th years in USA and started using my EAD 1 year before
-My Employer A filed my green card labor in March 2005 and got approved (so my PD is 03/2005)
-I485 pending for more than 2 years (so I am beyond 180 days limit)
-I140 is approved.
-I have been working with them (Employer A) till Jan, 2010 (3 years on H1B and 1 year on EAD)
Now I am getting a good offer with senior role plus pay (30% more) from Employer B and I would like to take it.
1) If my Employer A continued to process my GC and confirmed that they will support till I get my GC. Do I still need to use the AC21 portability to work for the new Employer B?
2) Or should be a safer side to use the AC21?
Thanks for your help on this
Vel
Trick question. Are you testing our knowledge of law?
AC-21 can be used for job in same or similar occupation.
Also since green card is for future purposes, your employer A can still support you in terms of documentary evidence, but it will be upto the lawyer to convince the USCIS.
Current Situation:
-I am on my 10th years in USA and started using my EAD 1 year before
-My Employer A filed my green card labor in March 2005 and got approved (so my PD is 03/2005)
-I485 pending for more than 2 years (so I am beyond 180 days limit)
-I140 is approved.
-I have been working with them (Employer A) till Jan, 2010 (3 years on H1B and 1 year on EAD)
Now I am getting a good offer with senior role plus pay (30% more) from Employer B and I would like to take it.
1) If my Employer A continued to process my GC and confirmed that they will support till I get my GC. Do I still need to use the AC21 portability to work for the new Employer B?
2) Or should be a safer side to use the AC21?
Thanks for your help on this
Vel
Trick question. Are you testing our knowledge of law?
AC-21 can be used for job in same or similar occupation.
Also since green card is for future purposes, your employer A can still support you in terms of documentary evidence, but it will be upto the lawyer to convince the USCIS.
shrayus
07-13 08:09 PM
:)
jumanji4u
02-16 09:37 AM
Well it's true and proved here, the ideal mind is an EVIL mind. When the country was split into two in 1947, we still don't have the peace, what do you expect with so many states spiting into countries. Today we see states spiting, just to gain power and make money for the corrupt politicians. For the selfish gains you want to country to split???? Be a Indian..and stop wasting your time.
copsmart
12-28 06:34 PM
I think, you should check with an Immigration Attorney before you risk your wife�s multiple entry Visitor Visa.
My take:
AFAIK, staying beyond the I-94 expiration date will abandon her Visitor Visa, and she could be denied entry next time.
In your wife�s case, you have applied for a change-of-status, however a decision has not yet been made, so she should leave the country before the I-94 expiration date and come back later after the F1 is approved. But, leaving the country while the change-of-status application is pending might cancel the change-of-status application, and not the underlying F1 application. So, your wife may have to get a F1 visa stamping abroad to come back later.
The above said information is purely based on my knowledge and may vary from an Attorney�s view.
Good Luck!
My take:
AFAIK, staying beyond the I-94 expiration date will abandon her Visitor Visa, and she could be denied entry next time.
In your wife�s case, you have applied for a change-of-status, however a decision has not yet been made, so she should leave the country before the I-94 expiration date and come back later after the F1 is approved. But, leaving the country while the change-of-status application is pending might cancel the change-of-status application, and not the underlying F1 application. So, your wife may have to get a F1 visa stamping abroad to come back later.
The above said information is purely based on my knowledge and may vary from an Attorney�s view.
Good Luck!
more...
snallini
05-23 11:34 AM
I recently got my confirmation number from HDFC after paying $100 application fees. When I tried to take a date after filling out all the forms online on the vfs website, the system does not show any appointment November 06 onwards for New Delhi, it says: No appointment available for this month. I have to go to India in Dec and for that I have to get my H-1 stamped as this is my first time out of the country after getting an H-1.
Another Q I have is, since its both my husband and me who are going to get the stamping done, can we take 1 appointment and get our visas stamped together or do we have to take seperate appointments(we have paid for 2 visa applications).
Third Q is, my H-1 has just been filed last week and I don't know when my petition no. will come. In order to take the visa appt date, I have to enter my petition no and expiration date in the system. Does anyone know if I can take my appt without the petition no. and provide it as soon as I get it?
Thanks.
please tell me how can we pay $100 fee through online from USA. for getting that receipt number in order to file application for stamping?
Jc_gc
Another Q I have is, since its both my husband and me who are going to get the stamping done, can we take 1 appointment and get our visas stamped together or do we have to take seperate appointments(we have paid for 2 visa applications).
Third Q is, my H-1 has just been filed last week and I don't know when my petition no. will come. In order to take the visa appt date, I have to enter my petition no and expiration date in the system. Does anyone know if I can take my appt without the petition no. and provide it as soon as I get it?
Thanks.
please tell me how can we pay $100 fee through online from USA. for getting that receipt number in order to file application for stamping?
Jc_gc
delax
08-06 07:40 PM
If 3600 have been approved, then between 7200 and 9000 numbers have already been consumed based on an average of 2 or 2.5. Take your pick. We have only completed 4 business days in August. At this rate we'll blow through the 20,000 numbers in less than ten days. That means EB2 becomes U in Sept and it makes 2006 approvals look even more egregious.
Welcome to the United States Confusing & Incompetent Services a.k.a USCIS :mad::mad::mad:
Welcome to the United States Confusing & Incompetent Services a.k.a USCIS :mad::mad::mad:
more...
Desiguy786
04-02 03:35 PM
Gurus/Attorneys,
My current 8th year H1 is valid until end of May 2007 from employer A, we applied for 9th year ext and got a big RFE. As a backup, can I transfer my H1 to employer B and get 1 year extension (until May 2008) based on my approved labor from employer A ??
Any inputs/suggestions are greatly appreciated!!
My current 8th year H1 is valid until end of May 2007 from employer A, we applied for 9th year ext and got a big RFE. As a backup, can I transfer my H1 to employer B and get 1 year extension (until May 2008) based on my approved labor from employer A ??
Any inputs/suggestions are greatly appreciated!!
gconmymind
09-12 06:00 PM
Hi,
I am applying for AP Renewal for myself and my wife. Can someone please send me the information on the following.
1. AP is expiring on September 20th. Can I file even after the expiry of the AP?
2. I am in AL.So, I need to be sending the application to Texas Service Center. But I am confused on where to send the documents? I will be sending by FedEx or UPS?
3. When I prepare the documents, do I enter Part 9, Signature of person preparing the form, if other than the application?
4. Last year our attorney filed the application and I have a copy of that application. I see "Notice of Entry of Appearance as Attorney or Representative" form. I am sure I dont have to file that now but do I need to do anything so that I get the receipt/approval notices instead of going to the Attorney Office?
Thank you.
I found paper filing easier than e-file. Even with e-filing, you still need to mail your pictures.
1. You can file AP even after the first one expires. But I filed for renewal 3 months before expiry.
2. AP form has the TSC address. I used USPS.
3. If you are the applicant, what is the need to sign Part 9? It is self-explanatory.
4. There is no Notice of Appearance form if you are representing yourself and doing a self-filing.
I am applying for AP Renewal for myself and my wife. Can someone please send me the information on the following.
1. AP is expiring on September 20th. Can I file even after the expiry of the AP?
2. I am in AL.So, I need to be sending the application to Texas Service Center. But I am confused on where to send the documents? I will be sending by FedEx or UPS?
3. When I prepare the documents, do I enter Part 9, Signature of person preparing the form, if other than the application?
4. Last year our attorney filed the application and I have a copy of that application. I see "Notice of Entry of Appearance as Attorney or Representative" form. I am sure I dont have to file that now but do I need to do anything so that I get the receipt/approval notices instead of going to the Attorney Office?
Thank you.
I found paper filing easier than e-file. Even with e-filing, you still need to mail your pictures.
1. You can file AP even after the first one expires. But I filed for renewal 3 months before expiry.
2. AP form has the TSC address. I used USPS.
3. If you are the applicant, what is the need to sign Part 9? It is self-explanatory.
4. There is no Notice of Appearance form if you are representing yourself and doing a self-filing.
more...
RadioactveChimp
04-16 01:42 AM
ok seriously guys...this is kinda pissing me off in a funny way
I mean COME ON! Xbox stamps? Gradient stamps? American flag stamps?
does originality exist anymore? I mean they don't have to amazing pieces of artwork, but at least put some though into it
sorry for ranting on your thread sparky :ne:
-Dean
I mean COME ON! Xbox stamps? Gradient stamps? American flag stamps?
does originality exist anymore? I mean they don't have to amazing pieces of artwork, but at least put some though into it
sorry for ranting on your thread sparky :ne:
-Dean
akhilmahajan
01-14 07:25 PM
bump.............
more...
GreenCard4US
08-21 11:43 AM
I received an RFE from USCIS 10 days after the date on the letter and need to respond in 33 days.
I came to US through Company A in June 2000 and was with them until Dec 2006. This Company A had applied for my labor and I140 and both of them were approved through them. I joined Company B in Jan of 2007(change of H1) and was with them until March of 2007. I joined Company C in April 2007(change of H1) and been with them since. Company C would not do my GC.
During the July 2007 fiasco, Company A agreed to give me an offer letter that I submitted with my 485 application and my attorney (a good reputed one) mentioned in the application that I was working for company C.
I got an RFE now stating that I did not send my sealed medical exam which I had done and we have a scan of what was sent. They also want “a current letter of employment attesting to your offer of proposed employment. This letter should be written on the company’s official letterhead and cite the date you will begin working, whether the position is temporary or permanent , a description of the position, a description of the position that you currently hold for the company (if any), and offered salary”
Is this RFE bad? Now my attorney suggests that since I had filed 485 through company A and I did not really invoke AC21 that I should give a new offer letter from Company A (they are willing to give one). My question is if I do that will there be further questions? The company I work for is a bigger one and Company A is really a body shopper, so I want to go with the letter from the current company. Also since it more than 2 years since I applied for 485 can I say I invoked AC 21? When can I disassociate myself from company A as I do not want to lose my current job.
I would like the attorneys or the members valuable help. Please do offer your opinions. Thank you all in advance.
I came to US through Company A in June 2000 and was with them until Dec 2006. This Company A had applied for my labor and I140 and both of them were approved through them. I joined Company B in Jan of 2007(change of H1) and was with them until March of 2007. I joined Company C in April 2007(change of H1) and been with them since. Company C would not do my GC.
During the July 2007 fiasco, Company A agreed to give me an offer letter that I submitted with my 485 application and my attorney (a good reputed one) mentioned in the application that I was working for company C.
I got an RFE now stating that I did not send my sealed medical exam which I had done and we have a scan of what was sent. They also want “a current letter of employment attesting to your offer of proposed employment. This letter should be written on the company’s official letterhead and cite the date you will begin working, whether the position is temporary or permanent , a description of the position, a description of the position that you currently hold for the company (if any), and offered salary”
Is this RFE bad? Now my attorney suggests that since I had filed 485 through company A and I did not really invoke AC21 that I should give a new offer letter from Company A (they are willing to give one). My question is if I do that will there be further questions? The company I work for is a bigger one and Company A is really a body shopper, so I want to go with the letter from the current company. Also since it more than 2 years since I applied for 485 can I say I invoked AC 21? When can I disassociate myself from company A as I do not want to lose my current job.
I would like the attorneys or the members valuable help. Please do offer your opinions. Thank you all in advance.
waiting_4_gc
07-18 06:25 PM
On 05/2005 applied I-485, got rejected and again applied now and forgot to mention in "Have you ever applied before..." caluse.
Got reply from lawyer saying that it is not big deal but we can send a letter to CIS.
Is it going to be the reason for rejecting again?
Please share your opinion
Do you know the reason for rejection?
Got reply from lawyer saying that it is not big deal but we can send a letter to CIS.
Is it going to be the reason for rejecting again?
Please share your opinion
Do you know the reason for rejection?
more...
gc_chahiye
10-17 03:32 PM
10/17/2007: EAD and Impact on H-1B Status for EB-485 Applicants in H-1B Nonimmigrant Status
The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.
Source:
www.immigration-law.com
interesting. but it still does not answer one question: What happens if you continue working on H1B for primary employer per guidelines of I-129 petition (ie. 40 hours a week) and then use EAD to work part-time for someone else.
Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer
The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.
Source:
www.immigration-law.com
interesting. but it still does not answer one question: What happens if you continue working on H1B for primary employer per guidelines of I-129 petition (ie. 40 hours a week) and then use EAD to work part-time for someone else.
Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer
perm2gc
06-20 12:09 AM
I am a physician MD currently doing IM residency on H1B. i have a job to start from oct 2007. since PDS for india are now current, i would like to know if my employer can file PERM for a prospective employee now in june. my univerdity lawyer is not clear or rather not willing to file.
thanks for your opinions
Reply With Quote
he can file but if you are thinking the dates will current until your perm LC is approved may be wrong.
thanks for your opinions
Reply With Quote
he can file but if you are thinking the dates will current until your perm LC is approved may be wrong.
more...
IVLageRaho
09-23 04:40 PM
Hello,
We were current in the July bulletin (PD Dec 04, EB3 India) but did not apply for AP along with 485. I sent the AP application on Aug 16, after over-the-phone assurances from USCIS that I can apply with old fees as long as the application is post marked before Aug 17.
The application was not delivered for some reason on the 17, although I sent next-day express, but on the 20th. The application was returned citing incorrect fees.
I read in a thread on IV that such cases can be addressed to a specific officer, with clear instructions to the mailroom that they should not open/process the application. But inspite of a long search, I could not find that thread again.
Could someone please point me to the correct thread, or to any information about this exceptional process ? Can I speak directly to this officer ?
Thanks for your help.
I also my filed my 765 and 131(AP) on 15th August and they received it on 16th August. My 485 filed by attorny on 12 th July. I my slef applied EAD & 131.
on 12th Sep uscis refused my file 765 & 131 and sent it to me to my home address as I filed it.
on the same day I type a covering letter in think blue color paper - mentioning .
ATTN: CRU Supervisor - Case Improperly Rejected for Fees.
And I explained in the covering letter the amount of the fees paid and the date the case was received.
When you recieve your file back there should be fedex receipt with the file . don't tocuh any thing just add the cover letter - put the refused papers in one envelop and after you sealed the envlop - attach the covering letter on the envolop put them together in fedex cover and send it again.
I have sent my package on 12th evening it self on the same day when I received it. with over night option that has been received by the uscis on 13th Sep and - I got the receipt notices on 21st - the receipt date they mentioned on the receipt is 13th July, which is actuly receipt date for 485.
Best of luck
See the question number three answer by murthy -
http://www.murthy.com/news/n_faqrec.html
We were current in the July bulletin (PD Dec 04, EB3 India) but did not apply for AP along with 485. I sent the AP application on Aug 16, after over-the-phone assurances from USCIS that I can apply with old fees as long as the application is post marked before Aug 17.
The application was not delivered for some reason on the 17, although I sent next-day express, but on the 20th. The application was returned citing incorrect fees.
I read in a thread on IV that such cases can be addressed to a specific officer, with clear instructions to the mailroom that they should not open/process the application. But inspite of a long search, I could not find that thread again.
Could someone please point me to the correct thread, or to any information about this exceptional process ? Can I speak directly to this officer ?
Thanks for your help.
I also my filed my 765 and 131(AP) on 15th August and they received it on 16th August. My 485 filed by attorny on 12 th July. I my slef applied EAD & 131.
on 12th Sep uscis refused my file 765 & 131 and sent it to me to my home address as I filed it.
on the same day I type a covering letter in think blue color paper - mentioning .
ATTN: CRU Supervisor - Case Improperly Rejected for Fees.
And I explained in the covering letter the amount of the fees paid and the date the case was received.
When you recieve your file back there should be fedex receipt with the file . don't tocuh any thing just add the cover letter - put the refused papers in one envelop and after you sealed the envlop - attach the covering letter on the envolop put them together in fedex cover and send it again.
I have sent my package on 12th evening it self on the same day when I received it. with over night option that has been received by the uscis on 13th Sep and - I got the receipt notices on 21st - the receipt date they mentioned on the receipt is 13th July, which is actuly receipt date for 485.
Best of luck
See the question number three answer by murthy -
http://www.murthy.com/news/n_faqrec.html
kewlchap
08-21 03:13 PM
The words in red are standard for an EVL (employment verification letter) request. That is nothing to be scared of.
more...
veni001
06-17 09:28 AM
Little research on this forum will give you answers to all your questions!
In short, you employer ( current and or future) need to start GC process for a EB2 qualified job all over and pay all expenses, you will be able to port your priority date at I-140 stage, upon approval request USCIS to update your I-485 with new I-140.
HI, I am new to this forum, so pardon me if my question is an old one. Please direct me to the correct thread in that case.
I am currently working on my EAD for past years since July fiasco. I have over 12 years of experience. My employer who originally filed for my GC, had filed it for EB3 since then I did not meet the requirements for EB2. (I do not have a master's degree)
I have 12+ years of experience now and am working for a big pharma company on my EAD since. I filed for AC21 and left my original employer three years back and since then I have been working for the same company as a senior technical Lead.
I do not have a valid H1-B any longer. Is it possible for me to do EB3 to EB2 porting. What are the requirements and would I need my current company to file for me, or can I do it on my own through lawyer?
Thanks,
PagalForGC
In short, you employer ( current and or future) need to start GC process for a EB2 qualified job all over and pay all expenses, you will be able to port your priority date at I-140 stage, upon approval request USCIS to update your I-485 with new I-140.
HI, I am new to this forum, so pardon me if my question is an old one. Please direct me to the correct thread in that case.
I am currently working on my EAD for past years since July fiasco. I have over 12 years of experience. My employer who originally filed for my GC, had filed it for EB3 since then I did not meet the requirements for EB2. (I do not have a master's degree)
I have 12+ years of experience now and am working for a big pharma company on my EAD since. I filed for AC21 and left my original employer three years back and since then I have been working for the same company as a senior technical Lead.
I do not have a valid H1-B any longer. Is it possible for me to do EB3 to EB2 porting. What are the requirements and would I need my current company to file for me, or can I do it on my own through lawyer?
Thanks,
PagalForGC
vin13
07-15 09:24 AM
Hmm.. maybe i did not make it clear.
What I meant was, if you make 4 copies of your photo and use two of them in one application, then USCIS is not allowing you to use remaining two afterwards claiming that picture should be recent and 'unused'. They are asking of 'different' picture altogether.
USCIS do request you provide pictures that are less than 6 months old. I had a situation where i recieved an RFE for my AP application with a request for another set of photos without reason. They were new and taken from a reputed photo studio. I had to submit new pictures. Not sure if USCIS lost the first set.
Sometimes there is no valid reasoning.
I had a friend who got a RFE requesting new pictures. He told me that he had submitted new pictures. With further discussion, i found that he had a old negative that he got prints developed recently. So he considered them as new. :D
What I meant was, if you make 4 copies of your photo and use two of them in one application, then USCIS is not allowing you to use remaining two afterwards claiming that picture should be recent and 'unused'. They are asking of 'different' picture altogether.
USCIS do request you provide pictures that are less than 6 months old. I had a situation where i recieved an RFE for my AP application with a request for another set of photos without reason. They were new and taken from a reputed photo studio. I had to submit new pictures. Not sure if USCIS lost the first set.
Sometimes there is no valid reasoning.
I had a friend who got a RFE requesting new pictures. He told me that he had submitted new pictures. With further discussion, i found that he had a old negative that he got prints developed recently. So he considered them as new. :D
andy garcia
09-17 02:56 PM
You have company Andy. How old are you?
55
55
pbojja
11-19 09:53 AM
I guess you already know but can't help to remind this :
USPS has a system of mail-forwarding. After leaving your old-address, if you notify USPS, USPS will continue to forward all your first class mails to your new address specified by you. You can do it Online @ usps.com... I guess they charge $1 for verifying your address from the CC address, if you do it online(which I did).
So, NO, your mails will not be lost!
I think USPS does not forward mails when the mail says "return service requested" .
USPS has a system of mail-forwarding. After leaving your old-address, if you notify USPS, USPS will continue to forward all your first class mails to your new address specified by you. You can do it Online @ usps.com... I guess they charge $1 for verifying your address from the CC address, if you do it online(which I did).
So, NO, your mails will not be lost!
I think USPS does not forward mails when the mail says "return service requested" .
vdlrao
05-02 12:10 PM
Don't go for the ICICI home loan. They are the first ones to increase the interest rate when ever theres a RBI changes the base rate. And the last one to decrease the interest rate when ever there's a base rate change. And some times they don't decrease at all.
They start charging higher interest rate than the fore said rate once you taken the loan from them. On top of it they charge 2% extra for the prepayment amounts. Best is SBI.
They start charging higher interest rate than the fore said rate once you taken the loan from them. On top of it they charge 2% extra for the prepayment amounts. Best is SBI.
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