pcs
01-03 08:26 PM
Can you get AC 21 advantage if you just wait ( NOT WORK in case of a friendly past employer) after filing 485 ?
Is it necessary to work for 180 days ?
If working for 180 days is not required then, one can work for someone else on H1B & file 485 from the past employer. After 180 days of filing, one could use AC21 to move from one job to another.
Can some one give expert advise ?
Thanks
Is it necessary to work for 180 days ?
If working for 180 days is not required then, one can work for someone else on H1B & file 485 from the past employer. After 180 days of filing, one could use AC21 to move from one job to another.
Can some one give expert advise ?
Thanks
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pitha
01-27 09:10 AM
There is no gross misconception at all. IV core has gone out of its way on many many ocasions to explain that 485 measure is only short term tactical decision since they cannot do much currently with appropriations bill. Do you really think that the people who are opposing the 485 measure are so dumb that they can't even understand simple english. They do understand that this a short term tactical decision and the focus is on solving retrogression either with CIR SKIL and other bills as and when the oportunity arises.
The 485 issue is raked up over and over again because the overwhelming majority of people who are opposing 485 measure have already applied for 485 and dont want other to apply for it. I will not go into deatils explaining how it will not affect them and so on because this was discussed in detail in the long 485 measure thread.
I hope IV does push for the 485 measure but if for whatever reason they change there mind and dont push for 485, I would be disappointed but that will in no way affect my attitude towards IV. Over the past year or so I have seen enough of core tem to say they take a decision in the best intrest of IV.
there is a gross misconception that iv is focusing "only" on 485 filing. and repeating is ad libidum is not helping.
the 485 measure is a short term tactical decision.it was taken after it became clear that nothing else could be added to an appropriation bill currently.remember that the attitude of the majority is to have a comprehensive bill ONLY.
certain members took to angrily denouncing the whole idea leading to a great deal of unpleasantness, of course the fault was on both sides as no tolerance for the opposing opinion was shown. it's sad though that some of these people now bad mouth iv on other forums.
as long as we insist on bickering and being divided, we will never succeed
let's just stop now, if that's all everyone wants to do on a daily basis. we can all stew in our own sweet juices for the next 20 years...WAITING.
The 485 issue is raked up over and over again because the overwhelming majority of people who are opposing 485 measure have already applied for 485 and dont want other to apply for it. I will not go into deatils explaining how it will not affect them and so on because this was discussed in detail in the long 485 measure thread.
I hope IV does push for the 485 measure but if for whatever reason they change there mind and dont push for 485, I would be disappointed but that will in no way affect my attitude towards IV. Over the past year or so I have seen enough of core tem to say they take a decision in the best intrest of IV.
there is a gross misconception that iv is focusing "only" on 485 filing. and repeating is ad libidum is not helping.
the 485 measure is a short term tactical decision.it was taken after it became clear that nothing else could be added to an appropriation bill currently.remember that the attitude of the majority is to have a comprehensive bill ONLY.
certain members took to angrily denouncing the whole idea leading to a great deal of unpleasantness, of course the fault was on both sides as no tolerance for the opposing opinion was shown. it's sad though that some of these people now bad mouth iv on other forums.
as long as we insist on bickering and being divided, we will never succeed
let's just stop now, if that's all everyone wants to do on a daily basis. we can all stew in our own sweet juices for the next 20 years...WAITING.
Hermione
10-02 04:09 PM
That's correct, employer cannot withdraw I-140 after I-485 has been pending for 180 days. Also, even if I-140 is not approved after 180 days, it can be ported to a different employer, provided that the original I-140 was approvable. Ability to pay in that case is determined based on the original company's ability to pay.
pro, 1) you must have a job offer in hand in the same or similar postion for your green card to be approved (this is why it is called employement based category) 2) AC21, which can be invoked any time after your I-485 has been pending for more than 180 days, changes the sponsoring employer on your green card. You may actually work for any employer in the meantime, provided, you have proper authorization.
pro, 1) you must have a job offer in hand in the same or similar postion for your green card to be approved (this is why it is called employement based category) 2) AC21, which can be invoked any time after your I-485 has been pending for more than 180 days, changes the sponsoring employer on your green card. You may actually work for any employer in the meantime, provided, you have proper authorization.
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virens
09-26 02:13 PM
When they approve a case then status clearly says 'Case Approved'.
The email "we mailed the document to the applicant" may be anything or nothing, like if they transfer ur case to different service centre, they send a notice. Some time they don't send anything even though the email contradicts it. Keep checking the status, they might update it later if the case has been approved.
Also, for AP keep bugging ur attorney to see if they got it. For EAD, make sure your mail box has your name clearly, otherwise they won't deliver it.
Thanks for the thoughts. My EAD was approved last week and I already got it in mail.
I aske my attorney's office and they say "document mailed" means its approved. I dont know what to make of it, guess I'll just wait to see something in mail.
The email "we mailed the document to the applicant" may be anything or nothing, like if they transfer ur case to different service centre, they send a notice. Some time they don't send anything even though the email contradicts it. Keep checking the status, they might update it later if the case has been approved.
Also, for AP keep bugging ur attorney to see if they got it. For EAD, make sure your mail box has your name clearly, otherwise they won't deliver it.
Thanks for the thoughts. My EAD was approved last week and I already got it in mail.
I aske my attorney's office and they say "document mailed" means its approved. I dont know what to make of it, guess I'll just wait to see something in mail.
more...
crazydc
09-27 06:44 PM
My 485, EAD and AP application received in NSC on AUG 2nd. My personal checks are not redeemed yet. I haven't received receipt numbers or EAD or FP.
But the USCIS receipting times states NSC is processing receipt notice for AUG 8th.
I don't know what's going on....
Do they transfer my case to TSC??? Because I am living in TX???
My employer office is in Illinois and my lawyer office is in Michigan.
My I-140 is filed on Mar'2007 and still pending in NSC.
But the USCIS receipting times states NSC is processing receipt notice for AUG 8th.
I don't know what's going on....
Do they transfer my case to TSC??? Because I am living in TX???
My employer office is in Illinois and my lawyer office is in Michigan.
My I-140 is filed on Mar'2007 and still pending in NSC.
shana04
10-06 07:59 PM
Indeed, what an ironic day... we have two headline news items concerning Indian Americans...
The Good: A 35 year old Indian American is tapped to head the $700B bailout fund...
The Ugly: A family of 6 dies in LA in a murder-suicide ...
What does this say?
Neel Kashkari, Kashkari, an Indian-American who was born in Ohio, is one more example of how Paulson has drawn on former executives at Goldman to staff Treasury. Paulson also leans heavily on former Goldman Sachs executives Dan Jester, a financial institutions banker, and Steve Shafran, who focused on corporate restructuring while at Goldman
The Good: A 35 year old Indian American is tapped to head the $700B bailout fund...
The Ugly: A family of 6 dies in LA in a murder-suicide ...
What does this say?
Neel Kashkari, Kashkari, an Indian-American who was born in Ohio, is one more example of how Paulson has drawn on former executives at Goldman to staff Treasury. Paulson also leans heavily on former Goldman Sachs executives Dan Jester, a financial institutions banker, and Steve Shafran, who focused on corporate restructuring while at Goldman
more...
qplearn
10-09 04:50 PM
that is a good guess - I hope it is correct.
However, whether the fees are being used for overtime or for more people working on a case, that means USCIS is understaffed and needs to hire more people. In that case, isn't it logical that they would increase fees across the board for all applications, not just PP? i.e. fee hikes would be for new applications to pay for the extra resources, and existing applications should be processed under a flat fee for all cases.
If they are claiming that those who pay extra fees are entitled to faster processing, ahead of the line, then that, my friend, is a bribe, whatever official term is used. Because otherwise if they were understaffed, which it appears they are, they would simply raise fees for all applications.
I can understand a corporation doing this, like getting your tax refunds processed faster through a company if you pay more, but imagine if IRS suggested they would process faster for an extra fee.
They cannot raise fees without providing extra service. USCIS does raise fees once in while though. But the PP fees bring in a very large amount of revenue in comparison to small increases in regular fees.
Also, for better service, people often pay more. I invariably pay more in an airplane to be in the first class. Not sure why USCIS cannot use that logic to make some more money. I don't think it is comparable to a bribe. But, I guess we will agree to disagree here.
However, whether the fees are being used for overtime or for more people working on a case, that means USCIS is understaffed and needs to hire more people. In that case, isn't it logical that they would increase fees across the board for all applications, not just PP? i.e. fee hikes would be for new applications to pay for the extra resources, and existing applications should be processed under a flat fee for all cases.
If they are claiming that those who pay extra fees are entitled to faster processing, ahead of the line, then that, my friend, is a bribe, whatever official term is used. Because otherwise if they were understaffed, which it appears they are, they would simply raise fees for all applications.
I can understand a corporation doing this, like getting your tax refunds processed faster through a company if you pay more, but imagine if IRS suggested they would process faster for an extra fee.
They cannot raise fees without providing extra service. USCIS does raise fees once in while though. But the PP fees bring in a very large amount of revenue in comparison to small increases in regular fees.
Also, for better service, people often pay more. I invariably pay more in an airplane to be in the first class. Not sure why USCIS cannot use that logic to make some more money. I don't think it is comparable to a bribe. But, I guess we will agree to disagree here.
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chanduv23
07-13 01:56 PM
A RALLY IS BEING UNDERTAKEN IN SAN JOSE TOMORROW. PLEASE CHANNELIZE ALL YOUR POSITIVE ENERGY IN ACCOMPLISHING THIS TASK.
DONT WASTE TIME ON NEGATIVE ENERGY.
http://immigrationvoice.org/forum/showthread.php?t=10086
DONT WASTE TIME ON NEGATIVE ENERGY.
http://immigrationvoice.org/forum/showthread.php?t=10086
more...
NolaIndian32
02-12 10:14 AM
Thanks to all for your support. :)The first step I would like to propose is that we need to establish a group called Team IV Coordinators. Those who are interested in being part of this group, please send me a private message with your e-mail address so that I can set up a group e-mail to present and discuss the ideas to get us started. The Coordinator Group should be Team IV members whether you run/walk or not. I will take the lead but of course, I would love to have a core group to bounce ideas off of and to have as a resource pool.
I agree with picking 3 national events as previously suggested, one on east coast, one west coast and one centrally located.
Please send me Private Messages with your e-mail or contact info so that we can get the Coordinator Group up and running to set out the parameters of Team IV.
Thanks!! :)
I agree with picking 3 national events as previously suggested, one on east coast, one west coast and one centrally located.
Please send me Private Messages with your e-mail or contact info so that we can get the Coordinator Group up and running to set out the parameters of Team IV.
Thanks!! :)
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DSLStart
10-02 09:01 AM
Or take non stop flights from JFK/EWR for east coast ppl.
People travelling to India, especially from the West coast should fly via the Pacific. Asian airlines such as Thai, Cathay and Asiana all offer better fares, better service and faster transit times.Plus these countries are not trying to fleece people by requiring that they get a "Direct Airside Transit Visa". It happened with my family when they reached the airport to board their flight on Virgin , they were not allowed.I then bought tickets on Thai for the next day. To compound the pain, Virgin imposed a "No Show" fee on each ticket despite going to the airport. I think it would be best to avoid most European carriers, if for no other reason but they offer higher fares, terrible service, long transit times and last but not the least; the scam of the century(Airport Transit Visas). What do they think the passengers will try to do, jump off the walkway and make a run for it so they can settle illegally in U.K!I think the U.K govt is running out of ways to make money so they have found the most ridiculous way to make a few extra pounds from people foolish enough to travel on one of their carriers! DONT FLY VIA U.K. PERIOD!
People travelling to India, especially from the West coast should fly via the Pacific. Asian airlines such as Thai, Cathay and Asiana all offer better fares, better service and faster transit times.Plus these countries are not trying to fleece people by requiring that they get a "Direct Airside Transit Visa". It happened with my family when they reached the airport to board their flight on Virgin , they were not allowed.I then bought tickets on Thai for the next day. To compound the pain, Virgin imposed a "No Show" fee on each ticket despite going to the airport. I think it would be best to avoid most European carriers, if for no other reason but they offer higher fares, terrible service, long transit times and last but not the least; the scam of the century(Airport Transit Visas). What do they think the passengers will try to do, jump off the walkway and make a run for it so they can settle illegally in U.K!I think the U.K govt is running out of ways to make money so they have found the most ridiculous way to make a few extra pounds from people foolish enough to travel on one of their carriers! DONT FLY VIA U.K. PERIOD!
more...
gc28262
08-17 05:25 PM
Exactly but mere emphasis solely on educational qualification is unfortunate as after few years in job market, your skills & experience has more leverage than the degree and I am saying this based on my personal experience. In our group I was the one with least amount of formal education but still I got promoted 2 times ahead of Masters degree holders form US and foreign universities.
The issue here is, USCIS is a government agency. They are incapable of making a subjective determination of a person's capability. All they go by is the degree certificate which can be seen on a piece of paper.
As per INA/USCIS, many of the following won't qualify for EB2:
CEOs-Without-College-Degrees: Personal Finance News from Yahoo! Finance (http://finance.yahoo.com/career-work/article/107139/CEOs-Without-College-Degrees?mod=career-leadership)
The issue here is, USCIS is a government agency. They are incapable of making a subjective determination of a person's capability. All they go by is the degree certificate which can be seen on a piece of paper.
As per INA/USCIS, many of the following won't qualify for EB2:
CEOs-Without-College-Degrees: Personal Finance News from Yahoo! Finance (http://finance.yahoo.com/career-work/article/107139/CEOs-Without-College-Degrees?mod=career-leadership)
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glen
05-01 03:49 PM
In FL, it is being extended to only 1-94 date.
more...
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Humhongekamyab
05-31 12:19 PM
If people like him don't stop this then I think IV should make their ID's public so that their friends and family can know what they are upto.
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snarla
06-25 12:26 PM
What will be my status after i file my I485?
My current I-94 will expire on 16th Sep 2007 (on the day my current visa stamp in my passport expires and my current H1 B is set to expire Mid April 2008).
I am planning to make a trip to Cannda or someplace to get a new I-94 as soon as i get my new passport (i had sent it for renewal on june 2nd). But i am a little worried about my status if i am unable to make the trip.
So my question is what will be my status after 16th sep 2007 (once i file for I485 (first week of July2007) and my I-94 expires on 16th Sep 2007)?
Appreciate any responses ...
My current I-94 will expire on 16th Sep 2007 (on the day my current visa stamp in my passport expires and my current H1 B is set to expire Mid April 2008).
I am planning to make a trip to Cannda or someplace to get a new I-94 as soon as i get my new passport (i had sent it for renewal on june 2nd). But i am a little worried about my status if i am unable to make the trip.
So my question is what will be my status after 16th sep 2007 (once i file for I485 (first week of July2007) and my I-94 expires on 16th Sep 2007)?
Appreciate any responses ...
more...
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pappu
11-13 03:57 PM
The reporter is trying to speak to immigrants waiting for their Greencards about their concerns about job security, if they have a plan B, if they've been pushed out in restructurings/layoffs and moved to a new job, etc, as they hear the layoffs this year are affecting such people, particularly in the
financial sector
Not a single person yet....
financial sector
Not a single person yet....
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irock
09-17 08:00 PM
Gurus
Any one got EAD from NSC i.e receipts with LINXXXXXXX filed in july & Aug?
Same question.
In forums, I've only seen EAD approvals either from TSC or from CSC. Any July/Aug filers got EAD approvals from NSC?
Any one got EAD from NSC i.e receipts with LINXXXXXXX filed in july & Aug?
Same question.
In forums, I've only seen EAD approvals either from TSC or from CSC. Any July/Aug filers got EAD approvals from NSC?
more...
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dilipb
02-15 09:24 PM
Ok, so my PD got current (EB3 India). What next?
Thanks in advance.
which category do u belong to EB1/2/3, which country, what ur PD.
based on that i can tell u whether u should keep ur username as optimystic or change it to "pessimystic"
Thanks in advance.
which category do u belong to EB1/2/3, which country, what ur PD.
based on that i can tell u whether u should keep ur username as optimystic or change it to "pessimystic"
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qplearn
10-23 07:26 PM
Interesting, Murthy's report (http://www.murthy.com/mb_pdf/apr2304.pdf) makes a different interpretation. qplearn, could you please clarify your sources or shed some more light on the issue?:confused:
For the record, filed I-140 and I-485 concurrently (EB2) on June 21 at NSC. Got FP, my wife got EAD.
My lawyer tells me so. Also, the bulletin you cite is very old. Most people stuck in name check, for which BTW there is a separate thread, will coroborrate what i've said.
For the record, filed I-140 and I-485 concurrently (EB2) on June 21 at NSC. Got FP, my wife got EAD.
My lawyer tells me so. Also, the bulletin you cite is very old. Most people stuck in name check, for which BTW there is a separate thread, will coroborrate what i've said.
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raj2007
03-01 12:10 PM
though I agree there is no grace period however practically USCIS has not been rigid about the dates. MOST of the employers do not inform USCIS about firing of H1b. During dot com bust, USCIS has 'unofficially' said that 15-20 days are good enough (again not as a policy decision but informally). It should be avoided, however it may not be always possible, and having few days gap should not be something on which you make life or death decision.
Yes there is no grace period but INS overlook 3-4 weeks gap after layoff.I have seen lot of cases getting approved, if there were filed in that time period.
Yes there is no grace period but INS overlook 3-4 weeks gap after layoff.I have seen lot of cases getting approved, if there were filed in that time period.
vardinishankar
03-02 01:06 PM
My case is as detailed below, and my questions follow:
PD: July 2007, EB2 (India), Software field
Labor, I-140: Approved, I-485 etc. NOT filed.
H1 Petition and Visa valid until: Jan 2011 (after 7th year extension)
Currently outside US, NOT working for the H1 sponsoring employer.
My employer has NOT revoked my H1 or I-140.
I was working for the employer in US where the GC process started. Then moved to Canada in early 2008 when the PD was highly retrogressed/unavailable. Since then, worked in Canada in related field for a different (Canadian) employer. Things have been tough here: lower pay, very high taxes, friends all in US, and especially - the weather. We would like to return to US.
I will soon be able to apply for Canadian citizenship. I am in a dilemma now - whether to return to US on H1 NOW or to become a Canadian citizen and try my options LATER. I have the following questions:
(Same employer, as Indian citizen, knowing that I did not work for them for over 2 yrs, and was outside USA):
1) can I now(or anytime until Jan 2011 visa expiry) return to US to work for the same H1 sponsoring employer on the existing H1?
2) would I be allowed the H1 extension in Jan 2011 based on approved I-140? Or is that doomed to be rejected because I was not working for the employer in between for over 2 yrs.
3) Would the fact that I was out of US for 2 years help me get a "regular" extension?
4) could I continue the GC after a gap of 2 yrs while I was not working for the employer?
5) if yes, will my PD of July 2007 be maintained?
(Different employer, as Indian citizen, knowing that I am currently out of the US):
6) if I get an offer from a different employer in US, could the new employer do an H1 "transfer"? i.e. would I need to wait for the April 1/October for H1 application/visa and would it be counted against the yearly H1 quota - or - can the new employer do the H1 "transfer" immediately?
7) For the H1 "transfer", would I need to produce US paystubs for the last few months (which I cannot, since I am not in US)?
8) if the new employer applies for my GC, could I re-use my old PD of July 2007? If yes, would the profile need to be exactly the same as the previous Labor/I-140?
If I become a Canadian Citizen:
9) if I become a Canadian citizen, (my H1 would have expired by then) will I be able to return to work on H1 in US for the same or a different employer as a Canadian Citizen?
10) could I reuse my PD of July 2007 when working for the same or a different employer after changing my Citizenship? Would the job profile need to be the same?
Also:
11) is it possible to switch the GC processing to "future employment", although the Labor/I-140 were approved with the understanding that I was to continue working for the same employer?
12) is the H1 visa/Priority Date of approved labor/I-140 carried over when the individual changes citizenship - from Indian to Canadian?
13) when do the dependents' citizenship come into the picture in the GC process? If I continue to be an Indian citizen but my spouse becomes a Canadian citizen, will my approved Labor/I-140 be affected in any way?
Please help me in getting the facts so that I can make an informed decision in this dilemma. Any help appreciated.
PD: July 2007, EB2 (India), Software field
Labor, I-140: Approved, I-485 etc. NOT filed.
H1 Petition and Visa valid until: Jan 2011 (after 7th year extension)
Currently outside US, NOT working for the H1 sponsoring employer.
My employer has NOT revoked my H1 or I-140.
I was working for the employer in US where the GC process started. Then moved to Canada in early 2008 when the PD was highly retrogressed/unavailable. Since then, worked in Canada in related field for a different (Canadian) employer. Things have been tough here: lower pay, very high taxes, friends all in US, and especially - the weather. We would like to return to US.
I will soon be able to apply for Canadian citizenship. I am in a dilemma now - whether to return to US on H1 NOW or to become a Canadian citizen and try my options LATER. I have the following questions:
(Same employer, as Indian citizen, knowing that I did not work for them for over 2 yrs, and was outside USA):
1) can I now(or anytime until Jan 2011 visa expiry) return to US to work for the same H1 sponsoring employer on the existing H1?
2) would I be allowed the H1 extension in Jan 2011 based on approved I-140? Or is that doomed to be rejected because I was not working for the employer in between for over 2 yrs.
3) Would the fact that I was out of US for 2 years help me get a "regular" extension?
4) could I continue the GC after a gap of 2 yrs while I was not working for the employer?
5) if yes, will my PD of July 2007 be maintained?
(Different employer, as Indian citizen, knowing that I am currently out of the US):
6) if I get an offer from a different employer in US, could the new employer do an H1 "transfer"? i.e. would I need to wait for the April 1/October for H1 application/visa and would it be counted against the yearly H1 quota - or - can the new employer do the H1 "transfer" immediately?
7) For the H1 "transfer", would I need to produce US paystubs for the last few months (which I cannot, since I am not in US)?
8) if the new employer applies for my GC, could I re-use my old PD of July 2007? If yes, would the profile need to be exactly the same as the previous Labor/I-140?
If I become a Canadian Citizen:
9) if I become a Canadian citizen, (my H1 would have expired by then) will I be able to return to work on H1 in US for the same or a different employer as a Canadian Citizen?
10) could I reuse my PD of July 2007 when working for the same or a different employer after changing my Citizenship? Would the job profile need to be the same?
Also:
11) is it possible to switch the GC processing to "future employment", although the Labor/I-140 were approved with the understanding that I was to continue working for the same employer?
12) is the H1 visa/Priority Date of approved labor/I-140 carried over when the individual changes citizenship - from Indian to Canadian?
13) when do the dependents' citizenship come into the picture in the GC process? If I continue to be an Indian citizen but my spouse becomes a Canadian citizen, will my approved Labor/I-140 be affected in any way?
Please help me in getting the facts so that I can make an informed decision in this dilemma. Any help appreciated.
xwndtkot
07-30 02:46 AM
I am in the same boat. My 1st paper file was rejected the same reasons (incorrect fee and no I485 notice.)
so I efiled right away after i got the returned package on june 24. I received the notice a week later dated June 24. Since then, no news... no updated.
Since that people who filed the 1st week of June had already got their renewal notices or physical cards.......
mine current exp on Aug 14... so far I only have 2 weeks....
will I get anything within 2 weeks??????
Anyone out here file around June 24 at TSC and got any news???????
Thx
so I efiled right away after i got the returned package on june 24. I received the notice a week later dated June 24. Since then, no news... no updated.
Since that people who filed the 1st week of June had already got their renewal notices or physical cards.......
mine current exp on Aug 14... so far I only have 2 weeks....
will I get anything within 2 weeks??????
Anyone out here file around June 24 at TSC and got any news???????
Thx
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