raysaikat
04-07 12:02 AM
AC21 allows you to change jobs after 180 days of filing.
AC21 allows you to change jobs after 180 days of filing before getting your green card. I do not think that you can invoke AC 21 after you have got your GC.
AC21 allows you to change jobs after 180 days of filing before getting your green card. I do not think that you can invoke AC 21 after you have got your GC.
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sirinme
03-16 02:21 PM
I got this letter from USCIS last week, but wasn't aware of this action item. I hope it's not too late.
svr_76
06-17 03:04 PM
I had mine today. The Officer answered the following questions-
1. Assigned to Officer - Yes
2. Status of various checks- She said she could see 2 checks and both are complete FBI and NameCheck. She did nt say anything about IBIS (She said - "I just see 2 checks and both are done and good, sir. There might be other checks but its not showing up on my screen)
3. No transfered/interview scheduled.
4. Opened up a SR for me for followup.
1. Assigned to Officer - Yes
2. Status of various checks- She said she could see 2 checks and both are complete FBI and NameCheck. She did nt say anything about IBIS (She said - "I just see 2 checks and both are done and good, sir. There might be other checks but its not showing up on my screen)
3. No transfered/interview scheduled.
4. Opened up a SR for me for followup.
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sasimks75
08-23 06:35 PM
Thanks very much for your quick reply.
I have asked my lawyer to fill i140 in PP. But he said they can not because the original labor certificate is not available and USCIS will have to locate the original certificate which make sense.
Any my question is, my Priority date is June 2004. What happens after the I140 approval? Will they have to apply another i485? or use existing i485? if yes, how do they communicate to USICS to convert the old i485 from Eb3 to Eb2?
I have asked my lawyer to fill i140 in PP. But he said they can not because the original labor certificate is not available and USCIS will have to locate the original certificate which make sense.
Any my question is, my Priority date is June 2004. What happens after the I140 approval? Will they have to apply another i485? or use existing i485? if yes, how do they communicate to USICS to convert the old i485 from Eb3 to Eb2?
more...
desi3933
06-25 10:14 AM
My Company is asking me to sign a new 2 year contract with them to get employment verification letter required for I-485. Is this legal?
It depends on the "Employment Agreement" and the state laws where your employer is based. Many times such agreement mention "damage amount" if the person leave before the expiry of such term.
IT may be good idea to consult a good lawyer.
Not a legal advice.
---------------------------
desi3933 at gmail.com
It depends on the "Employment Agreement" and the state laws where your employer is based. Many times such agreement mention "damage amount" if the person leave before the expiry of such term.
IT may be good idea to consult a good lawyer.
Not a legal advice.
---------------------------
desi3933 at gmail.com
BharatPremi
11-24 12:33 PM
Also include some text which says that you were an fulltime employee (40 hrs per week)...
Assuming original poster from India, definition of Full Time Employment is 48 hours of work per week in private sector and 44 hours of work in most public sector. Many people make mistake on this ( Completely forgetting how they slogged...:)). 5 years back one of my friend got an RFE on this... Lawyer, through his internal sources came to know that INS had problem with the note regarding 40 hours of week as they knew in India, generally Public sector remained open for 44 hours. My friend was public sector employee in India.
Assuming original poster from India, definition of Full Time Employment is 48 hours of work per week in private sector and 44 hours of work in most public sector. Many people make mistake on this ( Completely forgetting how they slogged...:)). 5 years back one of my friend got an RFE on this... Lawyer, through his internal sources came to know that INS had problem with the note regarding 40 hours of week as they knew in India, generally Public sector remained open for 44 hours. My friend was public sector employee in India.
more...
JSimmivoice
01-22 08:21 PM
I was working for a Company A with whom I recently had my petition extended until this year Aug. Then I got laid off and then changed to Company B in Dec 09. But since then until now which is 6 weeks my current employer (his lawyer) has not filed my H1 to USCIS and going to do it shortly. But then Company A again want to rehire me now. One good thing is my Current I-797 petition is with Company A which is not revoked and is valid. But the bad news is they say I've been out of H1 Status since I left them in Dec and that would be a problem for them and for me to rehire me.
The Options Company A is giving me is to go out and get restamping done based on the current petition I have and agree/confess to Consulate that I was out of H1 status for 6 weeks and was under unauthorized employment (which I did not intent to break law as I only came to know a week back that my new employer has not filed the H1) and ask their forgiveness to come out clean. But under the current H1 weather I really don't want to risk going for restamping is one and revealing that I was out of status for 6 weeks which leave my chances of restamping slim.
So I'm really looking for an answer here from someone who either has went through my situation or someone with experience or a professional advice. Just let me know how can I join back Company A legally without going out of US to restamp?
The Options Company A is giving me is to go out and get restamping done based on the current petition I have and agree/confess to Consulate that I was out of H1 status for 6 weeks and was under unauthorized employment (which I did not intent to break law as I only came to know a week back that my new employer has not filed the H1) and ask their forgiveness to come out clean. But under the current H1 weather I really don't want to risk going for restamping is one and revealing that I was out of status for 6 weeks which leave my chances of restamping slim.
So I'm really looking for an answer here from someone who either has went through my situation or someone with experience or a professional advice. Just let me know how can I join back Company A legally without going out of US to restamp?
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cgs
03-15 08:10 AM
Can you explain?
And finally, I hope whoever you referred did get a full disclosure from you that you might be compensated for the referral :-)
And finally, I hope whoever you referred did get a full disclosure from you that you might be compensated for the referral :-)
more...
lost_in_migration
05-15 12:38 PM
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s416504
11-17 10:40 AM
Your reply looks OK except your lawyer's suggestion to inform employer about parole status. I don't mind informing employer but the Question is "Is that mandatory to inform employer ?" I think Lawyer's intention could be we need to inform employer (as well as lawyer ) about AP during applying next H1B extention.
Thanks...
Here you go:
If you use AP to reenter, you will no long in H1B status, and you will be a "parolee", but you may still work under the authorization of the original H1B term for the same employer; at the end of the period, you may apply to extend the H1B and then you will get your H1B status back....Sounds not logical, but this is current the CIS interpretation of the regulation.
If you lose H1B, your dependent may no longer on H4; you may keep working for same firm without using EAD until the end of current H1B but you need let employer know that you enter with AP.
Please consult a immigration lawyer and get clarification, above is the reply I got from my lawyer when I told him about using AP while re-entering US.
Thanks...
Here you go:
If you use AP to reenter, you will no long in H1B status, and you will be a "parolee", but you may still work under the authorization of the original H1B term for the same employer; at the end of the period, you may apply to extend the H1B and then you will get your H1B status back....Sounds not logical, but this is current the CIS interpretation of the regulation.
If you lose H1B, your dependent may no longer on H4; you may keep working for same firm without using EAD until the end of current H1B but you need let employer know that you enter with AP.
Please consult a immigration lawyer and get clarification, above is the reply I got from my lawyer when I told him about using AP while re-entering US.
more...
dingudi
10-25 09:33 PM
But has this happened to anyone where first online status says card ordered and then it reverts back to previous status of received and pending application. And this is only for my spouse.
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peer123
04-03 07:20 PM
Thanks for your inputs,... I welcome others thoughts and experience on this topic
more...
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raj2007
02-20 08:43 PM
Thank you for advice. i did not realize the issue was so complex. I did call uscis after i got married before i sent in my OAS papers and asked them how can i maintain legal status after my j-1 expires. they said that since i came legally, haven't broken any rules and got married before status expiration - i maintain "somewhat legal status"(i do not have j-1 2 year mandatory homecoutry stay either). My wife is US citizen.
So i thought even thought period from 10/01 to 11/26 (receipt for receiving both i-485 and i-130) can be considered out of status - after that i can be considered a resident alien which would mean that it is still a legal status.
Your status is fine once you files I-485, but travelling can be risky.
So i thought even thought period from 10/01 to 11/26 (receipt for receiving both i-485 and i-130) can be considered out of status - after that i can be considered a resident alien which would mean that it is still a legal status.
Your status is fine once you files I-485, but travelling can be risky.
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chanukya
05-17 10:55 PM
Sorry about my statement, I stand corrected, if you are US Masters and above plus member of profession, you still are not exempt from LC Process, however, special handling of LC in your case will take place, like the measure by DOL will be looking for US Citizens equally qualified ratehr than able, willing and qualified.
USCIS Section 212(a)
(5) Labor certification and qualifications for certain immigrants.-
(A) Labor certification.-
(i) In general.-Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-
(I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and
(II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.
(ii) Certain aliens subject to special rule.-For purposes of clause (i)(I), an alien described in this clause is an alien who-
(I) is a member of the teaching profession, or
(II) has exceptional ability in the sciences or the arts
(III) is a member of the professions and has a master's degree or higher from an accredited United States university or has been awarded medical specialty certification based on post-doctoral training and experience in the United States.''.
Bottom line US Masters and above still need LC, Only thing is they are not counted against Quota....which is the biggest releif ever...
USCIS Section 212(a)
(5) Labor certification and qualifications for certain immigrants.-
(A) Labor certification.-
(i) In general.-Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-
(I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and
(II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.
(ii) Certain aliens subject to special rule.-For purposes of clause (i)(I), an alien described in this clause is an alien who-
(I) is a member of the teaching profession, or
(II) has exceptional ability in the sciences or the arts
(III) is a member of the professions and has a master's degree or higher from an accredited United States university or has been awarded medical specialty certification based on post-doctoral training and experience in the United States.''.
Bottom line US Masters and above still need LC, Only thing is they are not counted against Quota....which is the biggest releif ever...
more...
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skark
08-22 10:53 AM
I applied for EAD renewal at TSC on June 24 with a pending EB3 I485 pending at NSC. I still have not got an approval for EAD renewal!
Is anyone else in the same boat got their EAD approved?
Did I send my application to the wrong service center, I live in North Carolina?
I know several other people that got their EAD renewal application approved at TSC and these people applied about a month later than me!!!
Please advise :confused:
Is anyone else in the same boat got their EAD approved?
Did I send my application to the wrong service center, I live in North Carolina?
I know several other people that got their EAD renewal application approved at TSC and these people applied about a month later than me!!!
Please advise :confused:
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abracadabra
01-16 04:44 PM
According to my attorney it is always best to be on H1 if the new employer is willing to do and invoke AC 21
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s416504
10-11 03:47 PM
I recently filed 3 year H1B extention and My lawyer asked me following list of things ...
a. a copy of your updated CV/resume.
b. Copy of your earlier H-1B and I-797 approval
c. Copy of your I-140 I-797 approval notice.
d. Copy of I-485 I-797 fee receipts for you and each family member.
e. Very clear copy of each family members' passports ID/expiration page (preferably color).
f. Very clear copy of each family members' most recent US visa (preferably color) and their I-94s.
g. Copy of EAD and advance paroles for you and each family member.
That indicated USCIS may be looking at I140 as well as I485.
So there is no clear cut answer for your question. I guess Your H1B extention could be risky..
Other question for you... You said Your I140 approved in Jan-2009 & job changed in Feb-2009.
I am not sure, For AC21, 180 days counted from I140 approved date OR I485 filed date. If that's from I-485 filed date, Looks you are safe for your H1B extention.
I still advice you to use well know attorney (Khanna/Murthy) for this type of critical questions.
a. a copy of your updated CV/resume.
b. Copy of your earlier H-1B and I-797 approval
c. Copy of your I-140 I-797 approval notice.
d. Copy of I-485 I-797 fee receipts for you and each family member.
e. Very clear copy of each family members' passports ID/expiration page (preferably color).
f. Very clear copy of each family members' most recent US visa (preferably color) and their I-94s.
g. Copy of EAD and advance paroles for you and each family member.
That indicated USCIS may be looking at I140 as well as I485.
So there is no clear cut answer for your question. I guess Your H1B extention could be risky..
Other question for you... You said Your I140 approved in Jan-2009 & job changed in Feb-2009.
I am not sure, For AC21, 180 days counted from I140 approved date OR I485 filed date. If that's from I-485 filed date, Looks you are safe for your H1B extention.
I still advice you to use well know attorney (Khanna/Murthy) for this type of critical questions.
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crystal
10-12 08:35 PM
Is it posted erlier? They updated with some more info today
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=82b06a9fec745110VgnVCM1000004718190aRCR D&vgnextchannel=2411c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=82b06a9fec745110VgnVCM1000004718190aRCR D&vgnextchannel=2411c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
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redddiv
07-17 02:11 PM
AILA Comments on Latest Rumors
As posted on AILA to Murthy.com on July 17, 2007
It appears somewhat likely that there will be an announcement today regarding efforts by the government to resolve the ongoing controversy over USCIS' refusal to accept employment-based adjustment of status filings. "Authoritative sources" are providing wildly varying reports regarding the content of the "fix," which may indicate any number of things, including the possibility that the government is not able to come to sufficient agreement to actually produce a "fix." AILA will post updates to InfoNet as the situation progresses.
Is there any other good news
As posted on AILA to Murthy.com on July 17, 2007
It appears somewhat likely that there will be an announcement today regarding efforts by the government to resolve the ongoing controversy over USCIS' refusal to accept employment-based adjustment of status filings. "Authoritative sources" are providing wildly varying reports regarding the content of the "fix," which may indicate any number of things, including the possibility that the government is not able to come to sufficient agreement to actually produce a "fix." AILA will post updates to InfoNet as the situation progresses.
Is there any other good news
eb3_nepa
10-26 03:50 PM
Can you talk in english please?
A better option is to put me in touch with the guy that speaks "tech". English will not solve the problem;)
Common IV members we are a community of Technical ppl, surely SOMEONE can come up with a solution to this problem?
A better option is to put me in touch with the guy that speaks "tech". English will not solve the problem;)
Common IV members we are a community of Technical ppl, surely SOMEONE can come up with a solution to this problem?
raj7480
05-24 02:24 PM
Can IV do a press release and circulate thru news wire? IV can write an article about legal immigration and what IV is doing for it. You can submit your release thru sites like http://www.prweb.com/
They are free and if you pay some fee (I think $80), news will go to many popular news portals.
This is a good time since all the news engines are seeking articles with keyword "immigration". I am sure this will open some more doors for IV.
They are free and if you pay some fee (I think $80), news will go to many popular news portals.
This is a good time since all the news engines are seeking articles with keyword "immigration". I am sure this will open some more doors for IV.
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