newhandle
03-06 11:48 PM
bump. How should I approach my AOS given my case above?
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HV000
12-30 10:23 AM
I do not see any reason why uscis cannot give 3 year extension with ONLY 485 receipt and I-140 case number printout. With these, USCIS should be able to determine the priority dates and whether the person is retrogressed or not.
An actual case would be helpful.
I spoke to a reputable attorney and they said its possible to get 3 years extn. using the case number screen shot.
An actual case would be helpful.
I spoke to a reputable attorney and they said its possible to get 3 years extn. using the case number screen shot.
finimits
05-02 03:10 PM
Hi Saji007,
Just to clarify your answer for my first question, do you say moving the the new company before applying for H1B extension is alright (safe)?
I am asking because my 6 years ends on December 1st this year, so if I move in June this year and immediately apply for extension, I should be alright correct?
Also, how will I apply for the extension? Do I just need to send the copy of the I-140 approval notice? What about the fact that my current employer has actually submitted the petition and my job-description etc? I guess if someone could explain this a bit more, I would really appreciate.
Thanks
Just to clarify your answer for my first question, do you say moving the the new company before applying for H1B extension is alright (safe)?
I am asking because my 6 years ends on December 1st this year, so if I move in June this year and immediately apply for extension, I should be alright correct?
Also, how will I apply for the extension? Do I just need to send the copy of the I-140 approval notice? What about the fact that my current employer has actually submitted the petition and my job-description etc? I guess if someone could explain this a bit more, I would really appreciate.
Thanks
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jsb
10-30 02:33 PM
I was in the same situation until a few days ago. Those who are still waiting for this unreasonable period of time, may want to signup for Ombudsman's conference call on:
“USCIS Receipting Delay II – How Does This Affect You?” – November 2, 2007 2:00-3:00 EDT
by emailing your questions in advance, to: cisombudsman.publicaffairs@dhs.gov
I attended last call, which was very helpful.
“USCIS Receipting Delay II – How Does This Affect You?” – November 2, 2007 2:00-3:00 EDT
by emailing your questions in advance, to: cisombudsman.publicaffairs@dhs.gov
I attended last call, which was very helpful.
more...
MeraNaamJoker
08-13 03:04 PM
This seems to be a unique situation.
If the company does not object to your approval then you should be fine.
Please try to contact them or thier lawyer. (hopefully the lawyer is still in business :-) )
If the company does not object to your approval then you should be fine.
Please try to contact them or thier lawyer. (hopefully the lawyer is still in business :-) )
realizeit
08-18 11:26 AM
Few months back, I used AC21 to move from my previous employer to current. Before doing that I contacted a senior attorney at murthy law firm with all my questions. You can take such an appointment with murthy law firm or other major law firms and ask your questions.
In my case, both titles are different: it changed somewhere from Programmer to Project Leader. Title does not matter. The job description should be similar and the job should fall into the same occupational classification - it need not be the exact same job code. As classification is very broad, you have the option of pretty wide job changing possibilities under the same classification. We can even take promotions using AC21, if the job classification is same.
So, please don't become a victim of those folks who advice you based on limited knowledge. Contact a reputed attorney for the right information. For me it costed $200 for a 20 minute appointment with a senior attorney at Murthy law firm.
Guys,
I need some urgent advice, I have pasted the below job title/description from my labor, and the new job opportunity which I have getting, can you please suggest if that would be a good idea to change job, and invoke AC21..
Description in Labor
Occupation Title in Labor - Comp. and Info. Systems Manager
Job Title - Information Technology Project Manager
Job Description in Labor:
Plan and direct information technology products and software application
development. Technical environment includes ERP/CRM: Oracle Applications, Web
Methods, Siebel, SAP, ABAP, People Soft; TIBCO, Informatica, Ab-Initio, Data
Staging, Quality Analysts, Business Analysts, Databases such as Oracle, SQL Server &
DB2 Languages, PL/SQL; XML, C#, .NET Framework, C++, development tools such as
Visual Basic, CICS,Weblogic and Websphere.
New Job
New Job Title - Lead Application Integration Specialist
Job Description:
Plan and direct information technology products and software application
development. Technical environment includes TIBCO, Java, XML, PL/SQL,Amberpoint, Business Analysts, Quality Analysts, Databases such as Oracle, Development tools like
Designer, Eclipse, Xml Spy
In my case, both titles are different: it changed somewhere from Programmer to Project Leader. Title does not matter. The job description should be similar and the job should fall into the same occupational classification - it need not be the exact same job code. As classification is very broad, you have the option of pretty wide job changing possibilities under the same classification. We can even take promotions using AC21, if the job classification is same.
So, please don't become a victim of those folks who advice you based on limited knowledge. Contact a reputed attorney for the right information. For me it costed $200 for a 20 minute appointment with a senior attorney at Murthy law firm.
Guys,
I need some urgent advice, I have pasted the below job title/description from my labor, and the new job opportunity which I have getting, can you please suggest if that would be a good idea to change job, and invoke AC21..
Description in Labor
Occupation Title in Labor - Comp. and Info. Systems Manager
Job Title - Information Technology Project Manager
Job Description in Labor:
Plan and direct information technology products and software application
development. Technical environment includes ERP/CRM: Oracle Applications, Web
Methods, Siebel, SAP, ABAP, People Soft; TIBCO, Informatica, Ab-Initio, Data
Staging, Quality Analysts, Business Analysts, Databases such as Oracle, SQL Server &
DB2 Languages, PL/SQL; XML, C#, .NET Framework, C++, development tools such as
Visual Basic, CICS,Weblogic and Websphere.
New Job
New Job Title - Lead Application Integration Specialist
Job Description:
Plan and direct information technology products and software application
development. Technical environment includes TIBCO, Java, XML, PL/SQL,Amberpoint, Business Analysts, Quality Analysts, Databases such as Oracle, Development tools like
Designer, Eclipse, Xml Spy
more...
gchetna
09-08 05:44 PM
I filed for 485 in July without EAD and AP document since my H1B is valid for another 2 years. In a month's time the most unfortunate thing happened. The company that sponsored my H1B/Green Card just got acquired. It is anticipated that as a result several people will get laid off including me. I have yet to recieve the reciept notice for 485. What happens when something like this happens 180 days before? What are my options if I were to get laid off?
1) Get H1B transfer to another company and hope that old employer won't revoke I-140.
2) Don't get H1B transfer, don't work at all, apply for EAD and AP and wait for the next 5 months to pass. Again hope that employer doesn't revoke I-140.
I have very good relations with employer and so far I have never needed to bend any rules, but don't know what the new people will be like.
1) Get H1B transfer to another company and hope that old employer won't revoke I-140.
2) Don't get H1B transfer, don't work at all, apply for EAD and AP and wait for the next 5 months to pass. Again hope that employer doesn't revoke I-140.
I have very good relations with employer and so far I have never needed to bend any rules, but don't know what the new people will be like.
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pappu
03-23 03:15 PM
If someone can scan this thread
http://immigrationvoice.org/forum/showthread.php?t=23555
and PM those people who said they are affected, it would help.
http://immigrationvoice.org/forum/showthread.php?t=23555
and PM those people who said they are affected, it would help.
more...
salai007
07-17 06:09 PM
Thanks to Rep Lofgren.
I will be sending a Thank card to her soon.
I will be sending a Thank card to her soon.
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EndlessWait
12-06 11:36 AM
bump
more...
paskal
10-22 08:58 PM
a few hours of your time would be invaluable!
make it a family thing- take the time to enjoy yourself too.
but please do help out. needhelp! has put a lot of effort into
this initiative and good will certainly come from it. now your
help is needed. come on folks- a couple of hours? surely that
is not too much to ask for........
make it a family thing- take the time to enjoy yourself too.
but please do help out. needhelp! has put a lot of effort into
this initiative and good will certainly come from it. now your
help is needed. come on folks- a couple of hours? surely that
is not too much to ask for........
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gccovet
06-19 09:42 AM
Hi everyone:
I have an unusual situation concerning my friend's mother. When he got his green card (about 10 years ago) he filed the green card application for his mother that lived (and still lives) abroad, hoping to alleviate the woes of her getting a short-term traveller's visa every time she traveled to see him.
She received her green card about 4 years ago, but she doesn't want to live in the US for more than a month. Unfortunately it also gets more and more expensive for them to make her travel to US every year, thus pushing her into a violation of her Permanent Resident status and of the recurring Re-entry Permits (that now shrank to a single year).
My friend now wants to suggest his mother to relinquish (i.e. give up) her permanent status but his fear is that once done she will not be able to return back to US to visit him. (He has already become a citizen and is not planning to return to his home country.)
Does anyone here have any suggestions of what could happen if she gives up her permanent resident status?
Cousin went through same situation recently (early 2008). Parents "surrendered" their GC's, to Mumbai consulate general office, and simultaneously applied (same day same time while in the consulate) for Visitor VISA (they were advised about the procedure by Mumbai consulate office via phone, they had called them couple of months before doing this). Visitor VISA was granted without any questions asked.
My parents are thinking of doing the same very soon.
GCCovet
I have an unusual situation concerning my friend's mother. When he got his green card (about 10 years ago) he filed the green card application for his mother that lived (and still lives) abroad, hoping to alleviate the woes of her getting a short-term traveller's visa every time she traveled to see him.
She received her green card about 4 years ago, but she doesn't want to live in the US for more than a month. Unfortunately it also gets more and more expensive for them to make her travel to US every year, thus pushing her into a violation of her Permanent Resident status and of the recurring Re-entry Permits (that now shrank to a single year).
My friend now wants to suggest his mother to relinquish (i.e. give up) her permanent status but his fear is that once done she will not be able to return back to US to visit him. (He has already become a citizen and is not planning to return to his home country.)
Does anyone here have any suggestions of what could happen if she gives up her permanent resident status?
Cousin went through same situation recently (early 2008). Parents "surrendered" their GC's, to Mumbai consulate general office, and simultaneously applied (same day same time while in the consulate) for Visitor VISA (they were advised about the procedure by Mumbai consulate office via phone, they had called them couple of months before doing this). Visitor VISA was granted without any questions asked.
My parents are thinking of doing the same very soon.
GCCovet
more...
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gondalguru
07-19 10:39 AM
Thansk for your reply. In the Residency application(ERAS), there are two categories:
1) Visa - J1, H1, EAD etc
2) No Visa requirement - Green Card/US Citizen.
If we check EAD, they will think that we need a visa which we don't
If we check Green Card, technically we do not have our green cards yet
What is the best thing to do?
Check green card. and clarify later with hospital that no visa needed as u have valid EAD.
1) Visa - J1, H1, EAD etc
2) No Visa requirement - Green Card/US Citizen.
If we check EAD, they will think that we need a visa which we don't
If we check Green Card, technically we do not have our green cards yet
What is the best thing to do?
Check green card. and clarify later with hospital that no visa needed as u have valid EAD.
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chanduv23
07-11 12:06 PM
Hello friends,
My prority will be current in Aug, next month. I filed I485 last july and my I140 is also approved long back in 2006. After filing I485 i do not see any LUD or anything on my case.
What will be the chances to get my I485 approve ? Do i need to followup / take appointment ( Infopass) etc ?
Appriciate your thoughts...
Depends - everything happens random manner. Generally CP filers have advantage in such situations
My prority will be current in Aug, next month. I filed I485 last july and my I140 is also approved long back in 2006. After filing I485 i do not see any LUD or anything on my case.
What will be the chances to get my I485 approve ? Do i need to followup / take appointment ( Infopass) etc ?
Appriciate your thoughts...
Depends - everything happens random manner. Generally CP filers have advantage in such situations
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chanduv23
11-13 09:48 PM
Expose these fradulent employers who have no basic ethics
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rbharol
08-22 12:58 AM
See page 3 on this:
http://www.competeamerica.org/resource/h1b_glance/NFAP_Study.pdf
If per country limit of 7% stays, how much relief would it bring in terms of
priority dates for India/China born individuals?
I do not think there shall be any significant positive movement in Priority dates. Even if annual numbers go to 290K from 140K and dependents are excluded. It is about 4 times meaning if earlier we had 10K for India including sposes meaning 5K effectively, now it will be appx 20K effectively!
Think of number of applicants from India and China and think of the flood coming when all backlog is cleared! I dont think we should expect big jump in priority dates.
Am I getting too pessimistic?
http://www.competeamerica.org/resource/h1b_glance/NFAP_Study.pdf
If per country limit of 7% stays, how much relief would it bring in terms of
priority dates for India/China born individuals?
I do not think there shall be any significant positive movement in Priority dates. Even if annual numbers go to 290K from 140K and dependents are excluded. It is about 4 times meaning if earlier we had 10K for India including sposes meaning 5K effectively, now it will be appx 20K effectively!
Think of number of applicants from India and China and think of the flood coming when all backlog is cleared! I dont think we should expect big jump in priority dates.
Am I getting too pessimistic?
more...
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tanu_75
07-29 02:53 PM
The calculations have a huge margin or error there because it is based on 2 wrongs. USCIS data is not fully accurate and tracker data is small. 2 wrongs do not make a right. It is better to trust information directly from people talking to Department of State and USCIS. Lawyers know better as they do this everyday for many years.
Interesting so you're willing to acccept information from your lawyer who you think gets his information from USCIS but not willing to trust USCIS's information which we use here that USCIS makes itself available freely now. Hmm, not saying don't trust your lawyer but you would be surprised how inefficient some of the lawyers can be. None of them predicted the movement for the past two months which was pretty much spot on based on analysis by Q and others on the thread. I would rather trust analysis which I can see and test myself rather than take the word of a lawyer just because he's a lawyer.
Interesting so you're willing to acccept information from your lawyer who you think gets his information from USCIS but not willing to trust USCIS's information which we use here that USCIS makes itself available freely now. Hmm, not saying don't trust your lawyer but you would be surprised how inefficient some of the lawyers can be. None of them predicted the movement for the past two months which was pretty much spot on based on analysis by Q and others on the thread. I would rather trust analysis which I can see and test myself rather than take the word of a lawyer just because he's a lawyer.
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va_labor2002
08-23 11:13 AM
please continue to send mails to your local lawmakers regarding Skil Bill. Use the webfax too at
http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46
There are orgnizations that are opposed to this bill and are stronger than us. Only consistant efforts to make our voices heard would produce favorable results. We need letters comming from all members to these lawmakers so that when we lobby, these lawmakers already know that there are a lot of people who want this done and there is a broadsupport for such reforms.
FYI Numbersusa have been sending messages against this bill--
http://www.numbersusa.com/faxcenter?action=preview&ID=5665
--
Please do write your own mail to your local senator and congressman to communicate the problems faced by us.
The useful information is available here--
http://immigrationvoice.org/index.php?option=com_content&task=view&id=53&Itemid=36
--
Please tell your friends too.
These are good suggestions. What can we do as a group ? Can we arrange a demonstration in DC ?
http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46
There are orgnizations that are opposed to this bill and are stronger than us. Only consistant efforts to make our voices heard would produce favorable results. We need letters comming from all members to these lawmakers so that when we lobby, these lawmakers already know that there are a lot of people who want this done and there is a broadsupport for such reforms.
FYI Numbersusa have been sending messages against this bill--
http://www.numbersusa.com/faxcenter?action=preview&ID=5665
--
Please do write your own mail to your local senator and congressman to communicate the problems faced by us.
The useful information is available here--
http://immigrationvoice.org/index.php?option=com_content&task=view&id=53&Itemid=36
--
Please tell your friends too.
These are good suggestions. What can we do as a group ? Can we arrange a demonstration in DC ?
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mhkumar
07-22 10:03 AM
If the I-140 has been approved, you are entitled to use the PD on any subsequent I-140 unless it is revoked based on fraud or misrepresentation.
The best document to have is a copy of the I-140 approval notice. You are legally entitled to have a copy of this document, and can obtain it by making a Freedom of Information Act (FOIA) request to USCIS using Form G-639. USCIS provides detailed instructions at: USCIS - Freedom of Information and Privacy Act (FOIA) (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=34139c7755cb9010VgnVCM10000045f3d6a 1RCRD&vgnextoid=34139c7755cb9010VgnVCM10000045f3d6a1RCRD )
In my experience, it can take anywhere from 2 months to 18 months for USCIS to act on a FOIA request and provide copies.
Hope this helps.
Thanks for your advice.
Form g-639 has 3 request types
1)Freedom of Information Act (FOIA)
2)Privacy Act (PA)
3)Amendment of Record (PA only)
Which option I should choose (I guess (1) but want to confirm)?
Also do I need to answer question 6 and send a copy of my identity along with g-639?
The best document to have is a copy of the I-140 approval notice. You are legally entitled to have a copy of this document, and can obtain it by making a Freedom of Information Act (FOIA) request to USCIS using Form G-639. USCIS provides detailed instructions at: USCIS - Freedom of Information and Privacy Act (FOIA) (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=34139c7755cb9010VgnVCM10000045f3d6a 1RCRD&vgnextoid=34139c7755cb9010VgnVCM10000045f3d6a1RCRD )
In my experience, it can take anywhere from 2 months to 18 months for USCIS to act on a FOIA request and provide copies.
Hope this helps.
Thanks for your advice.
Form g-639 has 3 request types
1)Freedom of Information Act (FOIA)
2)Privacy Act (PA)
3)Amendment of Record (PA only)
Which option I should choose (I guess (1) but want to confirm)?
Also do I need to answer question 6 and send a copy of my identity along with g-639?
GCBoy786
09-13 03:57 PM
I received my receipts today... Most of your's might be on the way too...
desi chala usa
07-08 03:04 PM
Congratulations!!!
My 2 cents....explain situation to your wife's new employer and wait for 2 weeks your wife should have physical card with in 2 weeks. If it is emergency you can use H1/EAD as you have not received anything in written from USCIS.
My 2 cents....explain situation to your wife's new employer and wait for 2 weeks your wife should have physical card with in 2 weeks. If it is emergency you can use H1/EAD as you have not received anything in written from USCIS.
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