satya1234
03-29 08:49 PM
Thanks you very much for the reply.I appreciate.
Yes, Thats perfectly right.
Extension with Employer A is pending, reason is Security CheckThats what i was told and can't be done any thing untill they get back).
Yeah I am planning to go to India and try to get stamped there. But am just wondering that as the Extension with Employer A is in security check so does this cause any issues/delay in giving Visa in india.
Yes, Thats perfectly right.
Extension with Employer A is pending, reason is Security CheckThats what i was told and can't be done any thing untill they get back).
Yeah I am planning to go to India and try to get stamped there. But am just wondering that as the Extension with Employer A is in security check so does this cause any issues/delay in giving Visa in india.
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aug2007
02-24 07:53 AM
Thank you theshiningsun and chanduv23.
Chanduv23 - You are right. I'm working for a consulting company and the contract is ending.
I want to clarify little more.
1. Will I receive NOID, if my employer revokes I140? Can I avoid it by filing AC21 before my existing employer cancels the I140?
2. Can I travel out of the country without the job? Will it cause any issue at the Port of Entry, if I use AP to enter US (but currently doesn't have the job in hand)?
Chanduv23 - You are right. I'm working for a consulting company and the contract is ending.
I want to clarify little more.
1. Will I receive NOID, if my employer revokes I140? Can I avoid it by filing AC21 before my existing employer cancels the I140?
2. Can I travel out of the country without the job? Will it cause any issue at the Port of Entry, if I use AP to enter US (but currently doesn't have the job in hand)?
milind70
07-27 11:01 AM
I would file for 485, but maintain my H1, and bring her here on H4. A PD of EB3-March-2005 is not going to get current anytime soon, I would not miss out on the option to use AC21 to switch jobs...
He cant use AC21 as he will lose his H1 status and his wife will out of status.
He would be advised to keep his H1 status all the way till he gets his green card or till his wife is able to apply for 485.
He cant use AC21 as he will lose his H1 status and his wife will out of status.
He would be advised to keep his H1 status all the way till he gets his green card or till his wife is able to apply for 485.
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sanjeev_2004
10-04 02:10 PM
Saeed,
I 140 can processed through premioum process from last week.
Can you tell what was state of filing you labor. My company filed from IL in july 2004 in EB2-RIR case. My Labor is still in process.45 days latter got in March.
sanjeev
I 140 can processed through premioum process from last week.
Can you tell what was state of filing you labor. My company filed from IL in july 2004 in EB2-RIR case. My Labor is still in process.45 days latter got in March.
sanjeev
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new_horizon
03-08 06:44 AM
Filed online on Dec 20 for both me and my wife. Send additional docs in 1 week. EAD and AP approved on Feb 23. Nebraska center. Only sad thing is EAD and AP are not in one card. I got EAD approved for 2 years, but AP for only 1 year in paper form.
Can anyone offer suggestion if I should call USCIS why they did not give it in a single card. 'coz I thought they were supposed to issue both the EAD and AP in one card starting Feb 11. I applied for both together.
Can anyone offer suggestion if I should call USCIS why they did not give it in a single card. 'coz I thought they were supposed to issue both the EAD and AP in one card starting Feb 11. I applied for both together.
jscris
July 15th, 2004, 07:20 PM
I hope they are, too. Some birds seem to feed the young much longer than others, even after they've left the nest. I'd suggest taking a large *Do Not Disturb* sign with you tomorrow. Or perhaps "Approach at Your Own Risk*.
:)
:)
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chanukya
05-17 10:35 PM
I think, if you are US Masters/above plus if you are a member of profession, then you are the luckiest person on earth...
1) Need not File LC
2)U R not counted against the Quota
A hypothetical case where it may not work
But if your are a US-MS Electrical Eng and working as Tech Lead in IT, you do not qualify for this, as Tech Lead for IT may require US MS Comp Science not US-MS Elect Eng....since you do not qualify as memeber of profession.
In which case you need to file LC, which anyway will be a problem becasue of the misamatch of the profession and your qualification.
So for those kind of mismatches it will be really difficult to justify releif under this clause.
1) Need not File LC
2)U R not counted against the Quota
A hypothetical case where it may not work
But if your are a US-MS Electrical Eng and working as Tech Lead in IT, you do not qualify for this, as Tech Lead for IT may require US MS Comp Science not US-MS Elect Eng....since you do not qualify as memeber of profession.
In which case you need to file LC, which anyway will be a problem becasue of the misamatch of the profession and your qualification.
So for those kind of mismatches it will be really difficult to justify releif under this clause.
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chunky
07-26 03:21 PM
We are planning to go India in October (after receipt of 185). If I apply for change of status it will be cancelled because she left country before aprooval".
I was thinking if we do not get AP by then she can go to embassy and request for H4 visa. Will it be fine. I am asking too many questions
Quote"As far as I know, if a 485 is pending, a person can continue to be in the US without a visa. So she would not require a H-4.
All the same, I would still get a H-4 as this will be advantageous as,
1. Your receipt has not yet arrived. What if the Application is rejected for initial evidence problem?
2. AP takes a long time to come and she has to make an urgent trip back home?
3. 485 gets denied by mistake. She has to have a valid status to fall back on, so you can file motion to reopen, etc.
The chances of any of the above happening are low, but it is better to anticipate trouble and be as prepared as we can."
I was thinking if we do not get AP by then she can go to embassy and request for H4 visa. Will it be fine. I am asking too many questions
Quote"As far as I know, if a 485 is pending, a person can continue to be in the US without a visa. So she would not require a H-4.
All the same, I would still get a H-4 as this will be advantageous as,
1. Your receipt has not yet arrived. What if the Application is rejected for initial evidence problem?
2. AP takes a long time to come and she has to make an urgent trip back home?
3. 485 gets denied by mistake. She has to have a valid status to fall back on, so you can file motion to reopen, etc.
The chances of any of the above happening are low, but it is better to anticipate trouble and be as prepared as we can."
more...
sertasheep
05-24 09:27 PM
Aman, Shilpa, et al, keep it up.
I mailed the writer, Jenny Johnson at ft.com, and she has said they will issue a correction in the paper. (Just so that no one else sends a duplicate email to her).
(My mail)
Hello Ms. Johnson,
In your article on greencard backlog, the name of the non-profit organization has been incorrectly mentioned. The correct name is Immigration Voice, and not Immigrant Voice.
(Her mail)
My apologies for misstating the group's name. We will issue a correction in the paper.
I mailed the writer, Jenny Johnson at ft.com, and she has said they will issue a correction in the paper. (Just so that no one else sends a duplicate email to her).
(My mail)
Hello Ms. Johnson,
In your article on greencard backlog, the name of the non-profit organization has been incorrectly mentioned. The correct name is Immigration Voice, and not Immigrant Voice.
(Her mail)
My apologies for misstating the group's name. We will issue a correction in the paper.
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HV000
08-10 08:47 PM
Reforms To Visa Programs For Highly Skilled Workers.
IMPROVING EXISTING IMMIGRATION
22. The Administration Will Reform And Expedite Background Checks For Immigration. Current mechanisms for conducting immigration background checks are backed up, slowing processing times and endangering national security. The Administration is investing substantial new funds to address the backlog, and the FBI and USCIS are working together on a variety of projects designed to streamline existing processes so as to reduce waiting times without sacrificing security.
23. The President Is Directing The Department Of Homeland Security And The Social Security Administration To Study The Technical And Recordkeeping Reforms Necessary To Guarantee That Illegal Aliens Do Not Earn Credit In Our Social Security System For Illegal Work. Currently, aliens who make Social Security payments while working here legally can continue to accrue credits even if they overstay their visa. Improved data-sharing can lay the foundation for eventual Congressional action to eliminate this practice (which proved an obstacle to comprehensive reform). The relevant agencies are ordered to report to the President with a detailed plan for eliminating the problem.
The funny thing is ONLY now they are thinking about their JOB RESPONSIBILITIES which is to UPHOLD the Law!! However, they have not specified ANY TIMELINE for REFORM!!
SEPTEMBER Rally would be ideal to raise these issues!
ISSUES THAT WE COULD RAISE DURING THE RALLY
1. Eliminate EB Backlog
2. Processing Timeline for I-485
3. Faster processing of FBI Name Check(Questionable process according to USCIS OMBUDSMAN)
4. Uniform Processing Methodology across all USCIS Service Centers
5. Uniform Level of Customer Service across all USCIS Service Centers
6. Increase Coordination between USCIS and DOS
7. Allocation of ALL VISA Numbers by DOS at the beginning of fiscal year rather than a piece meal allocation during the first 3 quarters.
8. More Transparency and flexibility in invoking AC21
9. Decrease the time to invoke AC21 from 6 months to atleast 3 months
IMPROVING EXISTING IMMIGRATION
22. The Administration Will Reform And Expedite Background Checks For Immigration. Current mechanisms for conducting immigration background checks are backed up, slowing processing times and endangering national security. The Administration is investing substantial new funds to address the backlog, and the FBI and USCIS are working together on a variety of projects designed to streamline existing processes so as to reduce waiting times without sacrificing security.
23. The President Is Directing The Department Of Homeland Security And The Social Security Administration To Study The Technical And Recordkeeping Reforms Necessary To Guarantee That Illegal Aliens Do Not Earn Credit In Our Social Security System For Illegal Work. Currently, aliens who make Social Security payments while working here legally can continue to accrue credits even if they overstay their visa. Improved data-sharing can lay the foundation for eventual Congressional action to eliminate this practice (which proved an obstacle to comprehensive reform). The relevant agencies are ordered to report to the President with a detailed plan for eliminating the problem.
The funny thing is ONLY now they are thinking about their JOB RESPONSIBILITIES which is to UPHOLD the Law!! However, they have not specified ANY TIMELINE for REFORM!!
SEPTEMBER Rally would be ideal to raise these issues!
ISSUES THAT WE COULD RAISE DURING THE RALLY
1. Eliminate EB Backlog
2. Processing Timeline for I-485
3. Faster processing of FBI Name Check(Questionable process according to USCIS OMBUDSMAN)
4. Uniform Processing Methodology across all USCIS Service Centers
5. Uniform Level of Customer Service across all USCIS Service Centers
6. Increase Coordination between USCIS and DOS
7. Allocation of ALL VISA Numbers by DOS at the beginning of fiscal year rather than a piece meal allocation during the first 3 quarters.
8. More Transparency and flexibility in invoking AC21
9. Decrease the time to invoke AC21 from 6 months to atleast 3 months
more...
shantak
04-29 02:19 PM
You are missing a point here. I am on H1 through another desi firm. I stayed with them for 3 years and now my extension is coming up.My spouse's PD is May 2006 , his I-140 is approved and luckily he was able to apply for AOS last year during July fiasco. So I was able to apply for AOS as derivative on his 485. But because it is advisable that to maintain non-immigrant status while our AOS is pending I am confused whether to extend my H1 through my employer or use EAD that I got through my spouse. As you all know being able to apply for aos was very lucky opportunity last year and I do not want to mess up my aos application in anyway. I am concerned that if I am not able to respond to RFE in my H1 extension , it will affect my aos if they dig up my past.
I would not get too much worried, firstly apply for H1 extension, if by any chance you get an RFE and if you think you will not be able to answer it then withdraw the petition and shift to EAD.
I would not get too much worried, firstly apply for H1 extension, if by any chance you get an RFE and if you think you will not be able to answer it then withdraw the petition and shift to EAD.
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bkarnik
09-06 05:01 PM
I believe that could be a problem. If your Company is paying you in Canada, but asking you to work in the US I am not sure if your H1 would be valid. Per my limited knowledge, H1 can be sponsored by an employer having a business in the US. I am sure this is an issue that is a clash between the tax laws and the immigration laws. I would request you to submit your question for the next attorney call and hopefully we get an clear answer.
more...
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saibaba
12-04 12:01 PM
One of my best friends has good FTE offer from one company in WestCoast.Right now he is working as subcontractor at client place in Boston but by looking at the market recession/depression, he is inlined towards this offer from the previous client manager in CA.
He is on H1 for 5 yrs and is into 3 yrs extension based on approved LC/140.He got EAD/AP approved and his EAD recently extended for 2 yrs.He is married, H4 wife with school aged kids.
He is with this Desi employer for 5+ years so his employer is generous about not cancelling his approved 140 for the bucks he made on this guy for the last 5 yrs. But my buddy is planning to ask his employer about keeping his H1 active, means he doesn�t want his employer to cancel his H1.He want to take up the FTE opportunity using EAD. He was asking me about his H1 status when not getting paid/no pay stubs and leaving it just like that until it comes out for renewal which is after 3 yrs�when I asked why he wants to do it he said he just want to keep it as backup incase his 485 get denied so that he can use the remaining period of H1.But I have my own doubts about his H1 and EAD usage.
Now my Question is can he stay on H1 with the Original employer without working for him (that means no salary/pay stubs) and work for this new company that is offering FTE for him?
I told him that he might have to do AC-21 stuff but he said he don�t need to do it as he is not changing his employer, Is that true? He is saying that AC-21 wld come into the picture only when if u switch employer / 140 got revoked.
Looks like he can get paid by the new employer by 1099, is that correct?.
Also I�m skeptical about using EAD while keeping your H1 with original employer.
I read in IV that you will be called for personal interviews (National Benefit Center stuff) right before you getting GC and you have to show your current years pay stubs, previous w-2�s returns etc... What about if you have to face this scenario(although it happens randomly)? Like how can we show pay stubs from new employer as proof of employment when your LC/140/484 are coupled to previous employer and you are not in his payroll though your H1/140 is not cancelled?
Has anybody done this? If so can I know what are the pros and cons?
If it is doable and if you have friendly employer who recognizes your loyalty for those years you worked for him, it�s look like a very good option for everyone.
Can someone pls share your knowledge?
Thanks
He is on H1 for 5 yrs and is into 3 yrs extension based on approved LC/140.He got EAD/AP approved and his EAD recently extended for 2 yrs.He is married, H4 wife with school aged kids.
He is with this Desi employer for 5+ years so his employer is generous about not cancelling his approved 140 for the bucks he made on this guy for the last 5 yrs. But my buddy is planning to ask his employer about keeping his H1 active, means he doesn�t want his employer to cancel his H1.He want to take up the FTE opportunity using EAD. He was asking me about his H1 status when not getting paid/no pay stubs and leaving it just like that until it comes out for renewal which is after 3 yrs�when I asked why he wants to do it he said he just want to keep it as backup incase his 485 get denied so that he can use the remaining period of H1.But I have my own doubts about his H1 and EAD usage.
Now my Question is can he stay on H1 with the Original employer without working for him (that means no salary/pay stubs) and work for this new company that is offering FTE for him?
I told him that he might have to do AC-21 stuff but he said he don�t need to do it as he is not changing his employer, Is that true? He is saying that AC-21 wld come into the picture only when if u switch employer / 140 got revoked.
Looks like he can get paid by the new employer by 1099, is that correct?.
Also I�m skeptical about using EAD while keeping your H1 with original employer.
I read in IV that you will be called for personal interviews (National Benefit Center stuff) right before you getting GC and you have to show your current years pay stubs, previous w-2�s returns etc... What about if you have to face this scenario(although it happens randomly)? Like how can we show pay stubs from new employer as proof of employment when your LC/140/484 are coupled to previous employer and you are not in his payroll though your H1/140 is not cancelled?
Has anybody done this? If so can I know what are the pros and cons?
If it is doable and if you have friendly employer who recognizes your loyalty for those years you worked for him, it�s look like a very good option for everyone.
Can someone pls share your knowledge?
Thanks
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ashwinicool67
04-29 10:44 AM
Thanks kaisersose.
Anyone else have any inputs. I need to make this decision soon and would appreciate as many inputs as possible.
Thanks.
Anyone else have any inputs. I need to make this decision soon and would appreciate as many inputs as possible.
Thanks.
more...
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sr123
05-25 10:43 AM
called Sen Specters Office. The staffer said she will pass it on to the senator.
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indyanguy
11-14 09:07 AM
Assume one uses AC21 on EAD. Now, when there's an Employment Verification RFE for I485, is it possible to submit a letter from an employer B even though one was working with employer A at the time of the receipt of RFE?
The reason I ask is, when using AC21, a lot of companies might not be willing to provide a EVL which has the same responsibilities as the ones listed on the Labor cert. So, can I submit the offer letter from say my friend's company saying that my joining date will be sometime in the near future? (GC is for future employment) Would this provoke USCIS to call me for a I485 interview?
Thanks!
The reason I ask is, when using AC21, a lot of companies might not be willing to provide a EVL which has the same responsibilities as the ones listed on the Labor cert. So, can I submit the offer letter from say my friend's company saying that my joining date will be sometime in the near future? (GC is for future employment) Would this provoke USCIS to call me for a I485 interview?
Thanks!
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dreamworld
11-30 04:00 PM
I am agree with you. But my question how can we correct this issue? Called no of times and they are not able to correct the issue. If she travel with that status any issue?
Write to CISOmbudsman <CISOmbudsman.Publicaffairs@dhs.gov> and local congressman.
Write to CISOmbudsman <CISOmbudsman.Publicaffairs@dhs.gov> and local congressman.
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i99
09-19 12:39 PM
... this means nothing. it might mean "none of the above" in a multiple choice situation and might be put by mistake. might be good to have it corrected though. :rolleyes:
--a person who does not know what happened to own application at all. :)
--a person who does not know what happened to own application at all. :)
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reddymjm
03-09 03:04 PM
Priority date is the date on which a permanent labor certification was filed for a beneficiary and based on which an underlying I-140 petition is applied.
should be:
Priority date is defined in two ways -
a) For cases with a labor certification, the date on which a permanent labor certification was filed for a beneficiary and based on which an underlying I-140 petition is applied.
or
b) For cases without an underlying labor certification, the date on which the I-140 petition was applied for.
You are right
should be:
Priority date is defined in two ways -
a) For cases with a labor certification, the date on which a permanent labor certification was filed for a beneficiary and based on which an underlying I-140 petition is applied.
or
b) For cases without an underlying labor certification, the date on which the I-140 petition was applied for.
You are right
mk26
03-31 03:29 PM
Thanks all for your help and great inputs. IV has helped me a lot.
I wish you all the best ...
TKs, GG
Hey Congrats..!! don't forget to login IV and let us know the life with GC
I wish you all the best ...
TKs, GG
Hey Congrats..!! don't forget to login IV and let us know the life with GC
coopheal
04-13 12:13 AM
That is incorrect. USCIS would send a copy of RFE to you as well.
My wife got a medical RFE and I'm looking at the letter from USCIS as I type.
Yes, We did sign the lawyer form. Lawyer first got a copy and informed us. He also told us that we would be getting one. And we got one.
For me I never got a any communication directly from USCIS for the RFE.
My wife got a medical RFE and I'm looking at the letter from USCIS as I type.
Yes, We did sign the lawyer form. Lawyer first got a copy and informed us. He also told us that we would be getting one. And we got one.
For me I never got a any communication directly from USCIS for the RFE.
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