ags123
08-29 11:17 AM
Thanks, Roseball. Thats another thing I am not clear on what they will do with I-140. My prev employer had told me they wouldnt withdraw the I-140 and they would revoke H1 after 90 days. It is exactly 6 months since then. So I am guessing they sent in the H1 revocation 3 months ago and CSC has opened it and cancelled H1 now after 3 more months.
I am hoping they will stick to their word of not withdrawing I-140. However as in my case I was part of a large layoff and I dont know if the lawyers may push employer to witdhraw I-140 just to make some cash withdrawing I-140 for every laid off person.
(In my case I am lucky enough to have the same lawyer represent me in the new company, however they wont discuss anything related to what they do for the old company as it is company confidential. So what happens on approved I-140 is a mystery)
The flip side is that it is only 1 week when I am outside I dont know if my luck is that bad that something happens during this one week. I guess no one will have the answer
Anyways have booked tickets so will watch LUD,status etc till the last minute and then take a chance for one week I guess.
I am hoping they will stick to their word of not withdrawing I-140. However as in my case I was part of a large layoff and I dont know if the lawyers may push employer to witdhraw I-140 just to make some cash withdrawing I-140 for every laid off person.
(In my case I am lucky enough to have the same lawyer represent me in the new company, however they wont discuss anything related to what they do for the old company as it is company confidential. So what happens on approved I-140 is a mystery)
The flip side is that it is only 1 week when I am outside I dont know if my luck is that bad that something happens during this one week. I guess no one will have the answer
Anyways have booked tickets so will watch LUD,status etc till the last minute and then take a chance for one week I guess.
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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.
Berkeleybee
03-27 02:36 PM
Our Hard Quota Memo (in our Resources section) is now posted on the widely read Bender's Immigration Bulletin http://bibdaily.com/index.cgi
Before we created this memo, this fact was not widely known and we are doing our best to get the word out.
best,
Berkeleybee
Before we created this memo, this fact was not widely known and we are doing our best to get the word out.
best,
Berkeleybee
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rkumar18
10-26 02:39 PM
I had my FP done at San Jose ASC and It took us around 15 min for the entire process of filling the forms,waiting to be called for FP and doing the actual FP.
The lady asked me to sign on an electronic pad(some people reported that they were asked to write their full name and sign at the bottom) which I did and she gave us some feedback forms to fill out and drop in the suggestion box.
It was easy for me to locate the ASC because i used to commute by Charcot drive to take 87 on my way back home from my old office :)
A friend of mine went without the receipt. Only his wife had the receipt. They printed his receipt right there... Even tho his appnt was a week later they did his FP the same day... he had no problems with the security guard... I guess its just ur luck!
The lady asked me to sign on an electronic pad(some people reported that they were asked to write their full name and sign at the bottom) which I did and she gave us some feedback forms to fill out and drop in the suggestion box.
It was easy for me to locate the ASC because i used to commute by Charcot drive to take 87 on my way back home from my old office :)
A friend of mine went without the receipt. Only his wife had the receipt. They printed his receipt right there... Even tho his appnt was a week later they did his FP the same day... he had no problems with the security guard... I guess its just ur luck!
more...
texanguy
08-12 02:29 PM
Has there been any updates on the combined EAD + AP document? After the disappointing Sept 2010 VB, this atleast will lessen the pain...
1) Combine EAD and AP into one document and issue for 3 years.
USCIS is in the process of developing a combination work authorization (EAD) and Advance Parole (AP) card. An announcement regarding this combination card will be made later this year.
1) Combine EAD and AP into one document and issue for 3 years.
USCIS is in the process of developing a combination work authorization (EAD) and Advance Parole (AP) card. An announcement regarding this combination card will be made later this year.
rolrblade
02-21 09:04 AM
Here is the problem with your case, in my view.
You can use AC21 after 180 days provided that (1) The underlying I-140 has been approved or (2) The underlying I-140 is otherwise APPROVABLE at the time of adjudication.
In your case when you filed for a new I-140 from Company B, it is still pending. Your argument of using I-140 from Company A, COULD make the underlying I-140 from Company B unapprovable, which will also be the case incase Company B withdraws the I-140 petition, prior to adjudication.
If this happens then the I-485 petition will be invalid because the underlying I-140 (from Company B) is not approvable. It will be a long time before you really know this, depending on when they adjudicate your I-485.
Then the only recourse left for you would be to file a NEW I-485 using the I-140 from Company A. Looking at the current PD trend, this could be years before you are even able to file.
As for what ItIsNOTFunny says, about I-485 being your personal application, and not company's, this is true but always remember that I-485 is very closely tied to the I-140 supporting documentation (Bfeore 180 days and especially if it not yet approved)
If I was you, I agree with other people are suggesting, if you want to keep your 485 application in process, you should try to wait it out till the I-140 from Company B gets approved. But again, everyone's personal situtation is different, so this is just a suggestion.
PM me if you need more help.
You can use AC21 after 180 days provided that (1) The underlying I-140 has been approved or (2) The underlying I-140 is otherwise APPROVABLE at the time of adjudication.
In your case when you filed for a new I-140 from Company B, it is still pending. Your argument of using I-140 from Company A, COULD make the underlying I-140 from Company B unapprovable, which will also be the case incase Company B withdraws the I-140 petition, prior to adjudication.
If this happens then the I-485 petition will be invalid because the underlying I-140 (from Company B) is not approvable. It will be a long time before you really know this, depending on when they adjudicate your I-485.
Then the only recourse left for you would be to file a NEW I-485 using the I-140 from Company A. Looking at the current PD trend, this could be years before you are even able to file.
As for what ItIsNOTFunny says, about I-485 being your personal application, and not company's, this is true but always remember that I-485 is very closely tied to the I-140 supporting documentation (Bfeore 180 days and especially if it not yet approved)
If I was you, I agree with other people are suggesting, if you want to keep your 485 application in process, you should try to wait it out till the I-140 from Company B gets approved. But again, everyone's personal situtation is different, so this is just a suggestion.
PM me if you need more help.
more...
akhilmahajan
02-04 01:43 PM
When i said i used AC-21, i meant i changed my employer after 180 days and had used EAD. Yes i have sent USCIS my paperwork, when i switched employers.
I dont think filling AC-21 paperwork matters in case of the VISA. I never sent my Dad any documents or proof showing that i had sent USCIS the papers for AC-21. Also, i have used AP at that time.
GO IV GO. TOGETHER WE CAN.
I dont think filling AC-21 paperwork matters in case of the VISA. I never sent my Dad any documents or proof showing that i had sent USCIS the papers for AC-21. Also, i have used AP at that time.
GO IV GO. TOGETHER WE CAN.
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The7zen
04-16 03:50 PM
1. Sell all my stuff.
6. May be use I-485 receipt in Air India toilet on the way home (might hurt a bit but that is OK).
If after 10 years in this country, I-485 gets denied, I would not care for my H1-B status at all. I am speaking out of my heart, please do not give me red dots for that.[/QUOTE]
I am not sure about ItmNo: 6, but rest of the stuff sounds pretty good and echos my thoughts too :)
6. May be use I-485 receipt in Air India toilet on the way home (might hurt a bit but that is OK).
If after 10 years in this country, I-485 gets denied, I would not care for my H1-B status at all. I am speaking out of my heart, please do not give me red dots for that.[/QUOTE]
I am not sure about ItmNo: 6, but rest of the stuff sounds pretty good and echos my thoughts too :)
more...
vinzak
05-18 02:21 PM
This is quickly qualifying as an irrelevant thread.
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gcdreamer05
07-17 05:14 PM
Atlanta or Chicago Center, and what type of LC was it Eb2 or Eb2 ?
more...
hpandey
11-11 11:14 AM
Look at the bright side buddy . It is definitely something to look forward to and provides hope that you might get the magic email of getting your GC any day. Of course three year H1 extension and two year EAD is the problem but you are looking on the wrong side. If you get the GC neither will you need the H1 nor the EAD.
And I don't think you are thinking about the money wasted by just having a 1 year H1 and EAD because I am sure you will get your GC in the next one year at least . Cheer up. Things could be worse ( you could be EB3 - 2008 ! )
And I don't think you are thinking about the money wasted by just having a 1 year H1 and EAD because I am sure you will get your GC in the next one year at least . Cheer up. Things could be worse ( you could be EB3 - 2008 ! )
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i4u
04-26 10:45 AM
RFE can be issued to any person of any age. Until you know what the RFE was for, it is unlikely that anyone can help.
But as you said, your entire family got it so the rfe must be something minor.
But as you said, your entire family got it so the rfe must be something minor.
more...
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Leo
07-16 12:36 PM
This means that an officer is looking on your file and probably take a decision on it. Whats ur priority date?
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americandesi
05-19 02:34 PM
AC21 letter can be sent to USCIS, but as everyone says its not a must.
AC21 letter is a MUST if I-140 was revoked by the previous employer. There are cases where USCIS had mistakenly denied I-485's with revoked I-140's in spite of submitting AC21 papers.
In such situations, the only life saver in MTR (Motion to Re-appeal) is the proof of submitting AC21 papers on time.
AC21 letter is a MUST if I-140 was revoked by the previous employer. There are cases where USCIS had mistakenly denied I-485's with revoked I-140's in spite of submitting AC21 papers.
In such situations, the only life saver in MTR (Motion to Re-appeal) is the proof of submitting AC21 papers on time.
more...
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HV000
10-13 11:07 AM
Here's the extract from the Transcript of Oral Testimony by Bill Gates to the senate
http://www.microsoft.com/Presspass/exec/billg/speeches/2007/03-07Senate.mspx
SEN. GREGG: We also have something called a lottery system, which allows 50,000 people in the country, simply because they win a lottery, and they could be a truck driver from the Ukraine. And last year I offered an amendment, which would have taken that system and required 60 percent of those to be people with advanced degrees in order to participate in the lottery, so you'd have to be a physicist from the Ukraine before you could win the lottery. Do you think that would be a better approach maybe?
BILL GATES: Well, I don't � I'm not an expert on the various categories that exist, and I don't actually know that lottery system. I know the engineers at Microsoft, nobody comes up to me and says, "Hey, I won this lottery."
Its so FRUSTRATING to see that people in Congress are sooo IGNORANT!!
Unfortunately, we are caught between the partisan politics of DEMOCRATS and REPUBLICANS..
http://www.microsoft.com/Presspass/exec/billg/speeches/2007/03-07Senate.mspx
SEN. GREGG: We also have something called a lottery system, which allows 50,000 people in the country, simply because they win a lottery, and they could be a truck driver from the Ukraine. And last year I offered an amendment, which would have taken that system and required 60 percent of those to be people with advanced degrees in order to participate in the lottery, so you'd have to be a physicist from the Ukraine before you could win the lottery. Do you think that would be a better approach maybe?
BILL GATES: Well, I don't � I'm not an expert on the various categories that exist, and I don't actually know that lottery system. I know the engineers at Microsoft, nobody comes up to me and says, "Hey, I won this lottery."
Its so FRUSTRATING to see that people in Congress are sooo IGNORANT!!
Unfortunately, we are caught between the partisan politics of DEMOCRATS and REPUBLICANS..
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raysaikat
04-20 10:54 AM
Dealsnet thank you for your input,
I already have an OPT and planning to work on it in the real estate field. but my Opt will be expiring at the end of this year and i am looking for other ways to keep working in the US. From what you telling me i don t have much options. i will keep looking or hire a lawyer there must be a solution. i am a bit surprised that they allow you to work in such field with an OPT and you can t take it anywhere.
Thanks for your help, I really appreciate it.
The work you do in your OPT must be in your field of studies. You are likely violating immigration rules during your OPT period as well unless your degree was in secretarial work or real estate (I do not know of any such degree ...)
USCIS - Questions and Answers: Extension of Optional Practical Training Program for Qualified Students (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9a3d3dd87aa19110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
"Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student�s major area of study. Under the prior rules, an F-1 student could be authorized to receive up to a total of 12 months of practical training either before (pre-) and/or after (post-) completion of studies."
I already have an OPT and planning to work on it in the real estate field. but my Opt will be expiring at the end of this year and i am looking for other ways to keep working in the US. From what you telling me i don t have much options. i will keep looking or hire a lawyer there must be a solution. i am a bit surprised that they allow you to work in such field with an OPT and you can t take it anywhere.
Thanks for your help, I really appreciate it.
The work you do in your OPT must be in your field of studies. You are likely violating immigration rules during your OPT period as well unless your degree was in secretarial work or real estate (I do not know of any such degree ...)
USCIS - Questions and Answers: Extension of Optional Practical Training Program for Qualified Students (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9a3d3dd87aa19110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
"Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student�s major area of study. Under the prior rules, an F-1 student could be authorized to receive up to a total of 12 months of practical training either before (pre-) and/or after (post-) completion of studies."
more...
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vine93
10-16 08:48 PM
A message from President Obama too.
The White House - Blog Post - Diwali Wishes From President Obama (http://www.whitehouse.gov/blog/Diwali-Wishes-From-President-Obama/)
The White House - Blog Post - Diwali Wishes From President Obama (http://www.whitehouse.gov/blog/Diwali-Wishes-From-President-Obama/)
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usirit
07-30 11:20 AM
Nixone;
I really hope / wish you don't get audited.
DOL claimed that the newspaper ad was sent to them without the date of it. So we sent them back the whole paper-page where the date is usually printed at the very top with my job ad on it.
Good luck...
I looked at your signature timeline and it says "LC denied due to date missing on ad portion." Could you please clarify what happened? My job ads are running right now for PERM LC and not sure what I need to keep from the newspaper ad.
I have taken screenshots of Job Order, Yahoo HotJobs, Professional Organization, University Placement etc. I hope the screenshots showing the ad and all the dates would be good enough.
Did they send you RFE for all the job ads and is that how they found out the date missing? I did not know people get RFE for job ads. Thanks.
I really hope / wish you don't get audited.
DOL claimed that the newspaper ad was sent to them without the date of it. So we sent them back the whole paper-page where the date is usually printed at the very top with my job ad on it.
Good luck...
I looked at your signature timeline and it says "LC denied due to date missing on ad portion." Could you please clarify what happened? My job ads are running right now for PERM LC and not sure what I need to keep from the newspaper ad.
I have taken screenshots of Job Order, Yahoo HotJobs, Professional Organization, University Placement etc. I hope the screenshots showing the ad and all the dates would be good enough.
Did they send you RFE for all the job ads and is that how they found out the date missing? I did not know people get RFE for job ads. Thanks.
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champu
02-18 07:31 PM
Your lawyer does not know what he is talking about. There is no need to do anything. If you were on H1-B and still working at the same company, you are still under H1-B not under EAD no matter how you entered the USA.
You will lose H1B status if and ONLY IF, you use EAD.
AP is only a re-entry permit and has no effect on your immigration status.
Vivek -
I have similar situation.
Now, my H1b expires in a few months. I am wondering whether I am eligible for H1b extension as I have Parolee I-94.
Please let me know. Thanks
You will lose H1B status if and ONLY IF, you use EAD.
AP is only a re-entry permit and has no effect on your immigration status.
Vivek -
I have similar situation.
Now, my H1b expires in a few months. I am wondering whether I am eligible for H1b extension as I have Parolee I-94.
Please let me know. Thanks
h1bdude1
03-23 02:00 PM
I also read somwhere that if you are not sure regarding your A#, then you can also leave it blank.
I have one more problem. I lost this Expired EAD card during moving and now i only have its Front copy which i am going to submit with my I-765 form.
will it be any problem submitting only front copy of the Previous EAD because they are requesting for both (Front and Back).
thanks
h1bdude1
I believe that A# is like SSN and one person can have only one number. To the best of my knowledge you should use the same A# on all those applications.
However, I have known people who had more than one A# assigned, but they were then advised to contact USCIS to merge those files. I would think, it would make sense to use the same A#.
Again, it would be of great help if you can clarify this with an attorney, or someone else on this forum who is more knowledgeable than me.
Good Luck.
I have one more problem. I lost this Expired EAD card during moving and now i only have its Front copy which i am going to submit with my I-765 form.
will it be any problem submitting only front copy of the Previous EAD because they are requesting for both (Front and Back).
thanks
h1bdude1
I believe that A# is like SSN and one person can have only one number. To the best of my knowledge you should use the same A# on all those applications.
However, I have known people who had more than one A# assigned, but they were then advised to contact USCIS to merge those files. I would think, it would make sense to use the same A#.
Again, it would be of great help if you can clarify this with an attorney, or someone else on this forum who is more knowledgeable than me.
Good Luck.
geniousatwork
08-14 01:22 PM
Seems like the Service Center employees are either laid off :D or on vacation...No movement for 485 processing dates compared to last months update.
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