supender
09-21 01:33 PM
My six year term of H-1B ends on 15th Nov 2011. My present employer is filling my I-140 ( as I am paying all the expenses) and the lawyer tells me that she will be able to file in 30 days in EB-2 ctaegory. However , now my job does not look very secure and I am afraid I might be laid off while my I-140 is pending. Thats why I am considering filing under premium processing by paying money out of my pocket.
My reasoning behind this is:
1) If laid off, with an approved I-140, I can apply for 3 year extension on a new H-1B with another employer and then work towards capturing my PD when time permits.
I realize I might have to go to H-4 to avoid getting out of satus while I am looking for new employer. Can anyone please guide if I have my bases covered or if there is a flaw in my reasoning. Should I go for premium processing or not.
Thanks
My reasoning behind this is:
1) If laid off, with an approved I-140, I can apply for 3 year extension on a new H-1B with another employer and then work towards capturing my PD when time permits.
I realize I might have to go to H-4 to avoid getting out of satus while I am looking for new employer. Can anyone please guide if I have my bases covered or if there is a flaw in my reasoning. Should I go for premium processing or not.
Thanks
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srinivas_o
08-22 02:18 PM
Hello guys,
My I-485 status was showing that a document was mailed on Jul 18th to the address on the file. I have changed address on July 5th online and got notification about that the address is changed. But the document which was send on July 18th I have not received it. I have called USCIS customer service and they are asking me to contact local service center and I could not get the contact number. Does anybody have that number? I called 3 times and they just told that and hung up on me. They are saying we cannot give you any service update. BTW, my case is pending at TSC.
Thanks in advance.
My I-485 status was showing that a document was mailed on Jul 18th to the address on the file. I have changed address on July 5th online and got notification about that the address is changed. But the document which was send on July 18th I have not received it. I have called USCIS customer service and they are asking me to contact local service center and I could not get the contact number. Does anybody have that number? I called 3 times and they just told that and hung up on me. They are saying we cannot give you any service update. BTW, my case is pending at TSC.
Thanks in advance.
atlgc
09-22 05:56 PM
i do not think its any issue.go for it ..:mad::p:D
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franklin
07-24 11:33 PM
I just ask - why not?
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ujjvalkoul
07-19 11:36 AM
LOoks like ur employer has not given you this (I-485 w/EAD)option. It may be that he wants to milk u a little furthur.
chumki
12-17 03:46 PM
Got laid off but found a new job and working on EAD.
Status :
I-485 pending over 180 days
I-140 approved and employer will not revoke I-140 and I-485
Received EAD and AP.
Question is now:
1. Do I MUST send a AC-21 Job Portability MEMO to USCIS with the new employer info and job details ?
2. Or, Do i just do nothing for now and will send USCIS a Portability Memo ONLY-IF they issue a RFE?
3. What are the advantage and disavantage of sending a Portability Memo to USCIS after I-485 is pending for 180 days and I-140 approved with previous employer?
I am very confused.
Status :
I-485 pending over 180 days
I-140 approved and employer will not revoke I-140 and I-485
Received EAD and AP.
Question is now:
1. Do I MUST send a AC-21 Job Portability MEMO to USCIS with the new employer info and job details ?
2. Or, Do i just do nothing for now and will send USCIS a Portability Memo ONLY-IF they issue a RFE?
3. What are the advantage and disavantage of sending a Portability Memo to USCIS after I-485 is pending for 180 days and I-140 approved with previous employer?
I am very confused.
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k94
11-17 09:31 AM
This isn't really answering any questions, but I've asked my company's lawyer to look into the benefits (and/or disadvantages) of making the switch frm TR (non-RIR) to RIR. Since this notice was only made recently by the DOL (in the Federal Register on October 6, 2006), I would imagine that it will take some time for lawyers, etc to figure out all the implications. As soon as I get any information, I will definitely post it.
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forgerator
04-08 08:12 PM
US govt. must get all their money from HBSC and then strip them of their US citizenship and deport them. You can do everything in America except cheat more than allowed on taxes. Everyone enjoys a little wriggle space with taxes...the IRS knows that about each filer. Certain things however cannot and should not be done. These evaders are nothing but THEIVES stealing from us ALL. :mad:
I believe US citizenship cannot be revoked unless you're charged with treason or something.
I believe US citizenship cannot be revoked unless you're charged with treason or something.
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Ann Ruben
02-10 11:57 AM
Saurin,
Assuming that your I-140 has been approved and your I-485 has been pending for more than 180 days, you're GC should be approved as long as you can demonstrate that you have a bonafide offer of permanent, full time employment in the "same or similar occupation" at the time your I-485 is finally adjudicated. Note that the requirement is prospective. Where, or if, you are employed prior to the final adjudication of your I-485 is relevant only to the extent that it is one way to establish the bona fide nature of your intent to accept or continue employment in the required occupation.
Ann
Assuming that your I-140 has been approved and your I-485 has been pending for more than 180 days, you're GC should be approved as long as you can demonstrate that you have a bonafide offer of permanent, full time employment in the "same or similar occupation" at the time your I-485 is finally adjudicated. Note that the requirement is prospective. Where, or if, you are employed prior to the final adjudication of your I-485 is relevant only to the extent that it is one way to establish the bona fide nature of your intent to accept or continue employment in the required occupation.
Ann
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waitnwatch
07-18 12:00 PM
The amount is not the main issue. Awarding of fees by the court means that the court believes that the USCIS had no real legal leg to stand on for delaying the case for 4 years.
What it ultimately goes to show is that such unreasonable delay by the USCIS is plain bureacratic inefficiency and actually makes the bar lower for any future WOM cases.
Also it sets a precedence and anybody who has previously got a favorable WOM decision can go to court to recoup legal fees.
Wondering if this will open a floodgate - I guess the enhanced fees the USCIS is now charging will go towards paying these bills!
All in all this is a severe reprimand of USCIS practices - Hope they wake up!
What it ultimately goes to show is that such unreasonable delay by the USCIS is plain bureacratic inefficiency and actually makes the bar lower for any future WOM cases.
Also it sets a precedence and anybody who has previously got a favorable WOM decision can go to court to recoup legal fees.
Wondering if this will open a floodgate - I guess the enhanced fees the USCIS is now charging will go towards paying these bills!
All in all this is a severe reprimand of USCIS practices - Hope they wake up!
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FinalGC
03-30 10:44 AM
Yes, their AOS is applied......
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sathishav
03-01 03:10 PM
Yes, AC21 applicable. But as i said, you "ported off of a unapproved I140". You have to keep that in mind. If you currently don't have a lawyer, get a paid consultation.
Question 3 : I never worked for my sponsoring employer. It was a future job offer. Can I use AC21 portability? TOP
Yes, under the same circumstances as Question 2. However, USCIS is more likely to question your past intent to work for the sponsoring employer.
MurthyDotCom : AC21 Frequently Asked Questions (http://www.murthy.com/news/UDac21qa.html#3)
Question 3 : I never worked for my sponsoring employer. It was a future job offer. Can I use AC21 portability? TOP
Yes, under the same circumstances as Question 2. However, USCIS is more likely to question your past intent to work for the sponsoring employer.
MurthyDotCom : AC21 Frequently Asked Questions (http://www.murthy.com/news/UDac21qa.html#3)
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srinivas_o
08-22 02:54 PM
Bump
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alex99
09-28 09:22 AM
any body in the same boat?
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EB3_SEP04
01-29 11:23 AM
what is bc & nabc?? :(
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abhi_jais
12-03 11:35 PM
I don't think consulate ask details of all employees if size is 5k or more. Further more you can tell officer that it is impossible to get wage details of all employee. I hear some time some desi companies gives w2 of all employees etc.. would consular officer show his/her w2 ? but since our desi companies feeding what they need , they ask what ever...
In this case they did ask for the details of all the employees of the company, probably they want to make sure that the employer has hired some US citizens as well. The company size is about 500-1000 employees. Since they have asked for the employee detail the employer has to provide that information otherwise the employee would not be able to get the visa stamped.
Let's see hoping for the best.
In this case they did ask for the details of all the employees of the company, probably they want to make sure that the employer has hired some US citizens as well. The company size is about 500-1000 employees. Since they have asked for the employee detail the employer has to provide that information otherwise the employee would not be able to get the visa stamped.
Let's see hoping for the best.
more...
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ndswaiting
05-01 06:15 PM
I have been a silent follower of IV for more than a year but this is my first post so be kind :)
I am a full time employee. My 140 was approved in Jan 2008 and I am one of those who missed the July'07 fiasco (as you can see from my PD :().
I am being given an opportunity to join another team in my company. I do not want to impact the GC process but do not want to let go of this opportunity.
The other team is ready to replicate my roles and responsibilities as per my PERM and give me a similar title. My company lawyer believes that this would be the best approach and would not hamper my existing PERM and I140 and I would not have to restart my GC process.
I am reaching out to the collective knowledge base of the IV community for their insights/inputs/comments and red flags to watch out for.
Thanks in advance :)
I am a full time employee. My 140 was approved in Jan 2008 and I am one of those who missed the July'07 fiasco (as you can see from my PD :().
I am being given an opportunity to join another team in my company. I do not want to impact the GC process but do not want to let go of this opportunity.
The other team is ready to replicate my roles and responsibilities as per my PERM and give me a similar title. My company lawyer believes that this would be the best approach and would not hamper my existing PERM and I140 and I would not have to restart my GC process.
I am reaching out to the collective knowledge base of the IV community for their insights/inputs/comments and red flags to watch out for.
Thanks in advance :)
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sathishav
03-01 03:10 PM
Yes, AC21 applicable. But as i said, you "ported off of a unapproved I140". You have to keep that in mind. If you currently don't have a lawyer, get a paid consultation.
Question 3 : I never worked for my sponsoring employer. It was a future job offer. Can I use AC21 portability? TOP
Yes, under the same circumstances as Question 2. However, USCIS is more likely to question your past intent to work for the sponsoring employer.
MurthyDotCom : AC21 Frequently Asked Questions (http://www.murthy.com/news/UDac21qa.html#3)
Question 3 : I never worked for my sponsoring employer. It was a future job offer. Can I use AC21 portability? TOP
Yes, under the same circumstances as Question 2. However, USCIS is more likely to question your past intent to work for the sponsoring employer.
MurthyDotCom : AC21 Frequently Asked Questions (http://www.murthy.com/news/UDac21qa.html#3)
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bestofall
06-15 05:19 PM
My husband is the primary applicant for our GC application and he's on bench since Feb 2009. We have valid EAD and AP's. We are planning to travel using our AP for a 3 week visit to India.
Our question....Is it sensible to travel on AP him being unemployed?
my friend went to India for 4 month Vacation.
1. while returing at JFK POE .. He was asked if he got paid on that 4 month Vacation. My friend said. "NO" and the POE Officer asked , if he had still Job with sponsering Employer , and this guy showed the recent EVL letter which he got from his employer .....just make sure to you have all docuementation ,a letter from Employer stating still your husband employed with that company
As long as you prepared tos how required papers ..no issues
Our question....Is it sensible to travel on AP him being unemployed?
my friend went to India for 4 month Vacation.
1. while returing at JFK POE .. He was asked if he got paid on that 4 month Vacation. My friend said. "NO" and the POE Officer asked , if he had still Job with sponsering Employer , and this guy showed the recent EVL letter which he got from his employer .....just make sure to you have all docuementation ,a letter from Employer stating still your husband employed with that company
As long as you prepared tos how required papers ..no issues
pointlesswait
04-28 01:10 PM
my 140 was approved a week and a half back ..and i asked my attorney ..if my date was successfully ported..and he is refusing to divulge the information and telling me to contact my company..
1.) i know 140 is a employers prerogative and all that jazz..but should i not get a copy..or at least some basic information?
2.) Am i wrong is even asking for that information?
1.) i know 140 is a employers prerogative and all that jazz..but should i not get a copy..or at least some basic information?
2.) Am i wrong is even asking for that information?
Gator
04-11 08:10 PM
Today I found out that my RFE wasn't answered at all as opposed to being late.
Bascially, the attorney screwed me. My company wasn't happy with them and was in the process of moving all existing cases to a new firm and my RFE was supposed to be one of the last for the old firm. And apparently they didn't send it out, quoting miscommunication from my company that my case was transfered to the new firm as well.
So does 'not answering an RFE at all' change anything for my case or can I still do MTR and then appeal as suggested by the members.
And it seems like MTRs take at least a year in most cases. So is it a valid option to file a new I-140?
Appreciate your help and advise
fyi..I did not file concurrently but my I-485 was denied the same day as my I-140.
Bascially, the attorney screwed me. My company wasn't happy with them and was in the process of moving all existing cases to a new firm and my RFE was supposed to be one of the last for the old firm. And apparently they didn't send it out, quoting miscommunication from my company that my case was transfered to the new firm as well.
So does 'not answering an RFE at all' change anything for my case or can I still do MTR and then appeal as suggested by the members.
And it seems like MTRs take at least a year in most cases. So is it a valid option to file a new I-140?
Appreciate your help and advise
fyi..I did not file concurrently but my I-485 was denied the same day as my I-140.
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