jonty_11
04-29 03:21 PM
From the title of the thread seems like u already got an RFE...please use good judgement in naming threads....
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vin13
03-11 04:28 PM
The answer to that question would be "no". Would the IO be satisfied with the job description of the new job? Would he ask if I filed AC21? I don't want to sound paranoid, but it would be great if there was anyone on these forums that was in a similar situation and was asked that question...
You do sound paranoid.
When the law doesnot require tht a person file AC21 when changing jobs and yet you are not satisfied. That is PARANOID.
People are going to give their personal experience. If you are not satisfied then get legal advise from a lawyer.
All Immigraton Officers will not ask the same questions nor react the same way for similar answers.
You do sound paranoid.
When the law doesnot require tht a person file AC21 when changing jobs and yet you are not satisfied. That is PARANOID.
People are going to give their personal experience. If you are not satisfied then get legal advise from a lawyer.
All Immigraton Officers will not ask the same questions nor react the same way for similar answers.
krish.d.rao
07-25 10:39 PM
you can use AC21 even if your I140 is not approved, provided your GC sponsoring employer does not revoke it. I am speaking from personal experience.
I was stuck in the same job for 7 years and changed jobs after 180 days of filing my 485. At that time my I140 had been pending for 12 months but i took a chance. Later i got an RFE on my I140 (experience letters) but it was approved a few days after i sent in the required information.
The job description was the same although my new salary was about twice the amount mentoned in my labor. AC21 provision was created keeping in mind the extensive backlogs so if you have a good relation with your present employer go ahead and make use of it.
I was stuck in the same job for 7 years and changed jobs after 180 days of filing my 485. At that time my I140 had been pending for 12 months but i took a chance. Later i got an RFE on my I140 (experience letters) but it was approved a few days after i sent in the required information.
The job description was the same although my new salary was about twice the amount mentoned in my labor. AC21 provision was created keeping in mind the extensive backlogs so if you have a good relation with your present employer go ahead and make use of it.
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mnq1979
06-26 03:32 PM
What did u provid as of now?? If can obtain bc u can produce it. If u do not have one then ceritificate of non-availability. Besides this u need to produce secendary evidences such as school, medical and religious documents or affidavits which mentions both your parents and your full names. That is what I did. In anycase, you will be given instructions on the rfe what to respond to the rfe. Good luck.
I jsut spoke to my mom and she confirmed that she has my BC in diffrent language and will get it translated. So i think i m good from that part.
But my wife BC is not available. I have asked my father in law and he said he will ask some one to get. It is possible but will take a little time.
My question is since her BC will be made NOW do i need any other proof with her BC?
I jsut spoke to my mom and she confirmed that she has my BC in diffrent language and will get it translated. So i think i m good from that part.
But my wife BC is not available. I have asked my father in law and he said he will ask some one to get. It is possible but will take a little time.
My question is since her BC will be made NOW do i need any other proof with her BC?
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nat23
03-14 02:19 PM
hello,
My mother has 10 yr multiple entry visa. She is planning to travel from Bangalore India to USA through Lufthansa Airways. She has a stop over at Frankfurt airport for about 3 hrs. Does she need to get a transit visa for that. Any recent experience or suggestion? Thanks.
When is your mother coming over? Whats her port of entry? My wife will be coming from Bangalore on May 20th through Lufthansa.
To answer your question: You DONT need a transit visa if you have a valid US visa.
My mother has 10 yr multiple entry visa. She is planning to travel from Bangalore India to USA through Lufthansa Airways. She has a stop over at Frankfurt airport for about 3 hrs. Does she need to get a transit visa for that. Any recent experience or suggestion? Thanks.
When is your mother coming over? Whats her port of entry? My wife will be coming from Bangalore on May 20th through Lufthansa.
To answer your question: You DONT need a transit visa if you have a valid US visa.
sreedhar
08-22 01:35 PM
Hello Guys...,
I applied My and My Spouse EAD on July 12, 2008 and Notice date July 15, 2008 and we both got our EADs approvals on Aug 08, 2008 and we did receieved 2 Years EADS on Aug 19, 2008. I am EB-3 I PD SEP-2004.
-Sree
I applied My and My Spouse EAD on July 12, 2008 and Notice date July 15, 2008 and we both got our EADs approvals on Aug 08, 2008 and we did receieved 2 Years EADS on Aug 19, 2008. I am EB-3 I PD SEP-2004.
-Sree
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bbct
05-02 10:56 AM
The IO will not issue an I-94 with the expiry date same as the new approval notice end date. You will be given an I-94 with the expiry date same as the visa expiry date on the passport. If you are using AP to enter, you will be given an expiry date of 1-year from the date of entry.
My wife travelled in July 2007 on H4 when my H1B was expiring on 09/30/2007. She showed the approval notice that was valid till 09/30/2010 and was still given the I-94 valid till 09/30/2007.
Should not be an issue. Dont forget to give the approval notice to the IO. Otherwise you will be given only till Aug 2009.
My wife travelled in July 2007 on H4 when my H1B was expiring on 09/30/2007. She showed the approval notice that was valid till 09/30/2010 and was still given the I-94 valid till 09/30/2007.
Should not be an issue. Dont forget to give the approval notice to the IO. Otherwise you will be given only till Aug 2009.
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looivy
08-15 11:24 AM
The answer to the FAQ clearly states that you should be fine and expect some processing delays. I am not sure what else you would like to know.
What I am looking for is how do they physically transfer the application? I am afraid of dealing with another incompetent organization such as USPS. Also, what type of processing delays should I expect?
How recent were the guidelines that I-485 be sent to the same center as I-140? Were these guidelines applicable on July 2nd.
What I am looking for is how do they physically transfer the application? I am afraid of dealing with another incompetent organization such as USPS. Also, what type of processing delays should I expect?
How recent were the guidelines that I-485 be sent to the same center as I-140? Were these guidelines applicable on July 2nd.
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gc_chahiye
10-02 03:06 PM
I recieved a weired email update from USCIS about the I-140 after RFE documents recived, waited for two days then call the customer service # and the status on the phone said that USCIS denied the case.
here is the case history.
LC-Feb-2005.
I-140 filled march 2007
I-485/EAD filled July-2007
EAD approved/EAD card arrived 15 Sep 2007
I-140 RFE August 2007(A2P)
I-140 denied 27th Sep 2007.
my question is,
what are the options do I have?
my employer is talking about appeal.
since the original I-140 is denied will the 485/EAD will get cancelled too?
is there any way to port the LC date?
what are the chances of appeal/approval?
employer is in good standing(financially).
any suggestions,input will be highly appreciated.
thanks
appeal is the only way out. With the I-140 gone, so is the 485 and EAD at this point.
You cant port the PD (porting PD requires an approved I-140)
here is the case history.
LC-Feb-2005.
I-140 filled march 2007
I-485/EAD filled July-2007
EAD approved/EAD card arrived 15 Sep 2007
I-140 RFE August 2007(A2P)
I-140 denied 27th Sep 2007.
my question is,
what are the options do I have?
my employer is talking about appeal.
since the original I-140 is denied will the 485/EAD will get cancelled too?
is there any way to port the LC date?
what are the chances of appeal/approval?
employer is in good standing(financially).
any suggestions,input will be highly appreciated.
thanks
appeal is the only way out. With the I-140 gone, so is the 485 and EAD at this point.
You cant port the PD (porting PD requires an approved I-140)
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saileshdude
10-11 01:47 PM
First of all let me ask why you are trying to refile your LC and I-140 when you used AC21 and had filed AOS in July 2007. If your answer is just to renew H1 then that's really not worth. You could technically just renew H-1B based on I-485 receipt also. As long as you have AOS pending you should be able to renew H1. So not sure why you want to go through the hassle of refiling your GC
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tejonidhi
11-27 01:54 PM
Hello GC_Chaiye,
Thanks for your reply. The consulting firm is saying that they have sent it to DOL before July 15 and are waiting for the reply for the Substitution( I really doubt the legality of that statement). In case if there is a provision then How can we check the status of it?
MY friend has to bear the expenditure for the I140. He just came back to US after 5 months and would like to know weather he can spend 1500$ on this unrealistic Labor.
thank you
Thanks for your reply. The consulting firm is saying that they have sent it to DOL before July 15 and are waiting for the reply for the Substitution( I really doubt the legality of that statement). In case if there is a provision then How can we check the status of it?
MY friend has to bear the expenditure for the I140. He just came back to US after 5 months and would like to know weather he can spend 1500$ on this unrealistic Labor.
thank you
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mhathi
09-23 07:55 AM
I suggest you talk to a good lawyer! This kind of question is too sensitive to rely on people's opinion.
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uma001
05-24 10:15 AM
Here is my case again:
MS (computer engg) in US
US IT experience more than 6 years
No TOEFEL ( what native english speaker??)
Worked in high growth technology/employer (I assume)
come under STEM.
My employer is sponsering my green card
How many points will i get??
MS (computer engg) in US
US IT experience more than 6 years
No TOEFEL ( what native english speaker??)
Worked in high growth technology/employer (I assume)
come under STEM.
My employer is sponsering my green card
How many points will i get??
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fcres
08-09 10:08 AM
I thought in one of the recent memos it stated its the date when the application is mailed. I will try to dig it out.
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answers_seeker
09-07 09:49 AM
What do u think big companies who cannot sponsor L1 ( have to be with the firm for atleast an year ) do in situations like this.
They sponsor H1 and send them to work here on shorter / longer durations.
So in your case, though you are technically working for ABC, Canada you are still working for ABC per se. This means your visits to the US on your valid H1b will have to be on your company's business.
The catch here is that..at the end of your gc process road, you should be employed by ABC in US. So plan on coming back by that time..
They sponsor H1 and send them to work here on shorter / longer durations.
So in your case, though you are technically working for ABC, Canada you are still working for ABC per se. This means your visits to the US on your valid H1b will have to be on your company's business.
The catch here is that..at the end of your gc process road, you should be employed by ABC in US. So plan on coming back by that time..
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dpp
01-07 08:25 PM
B. Provisions in Cases of Revocation of the Approved Form I-140
Subject: Guidance for Processing Form I-485 in Accordance with Section 106(c) of AC21
As discussed above, if an alien is the beneficiary of an approved Form I-140 and is also the beneficiary of a Form I-485 that has been pending 180 days or longer, then the approved Form I-140 remains valid with respect to a new offer of employment under the flexibility provisions of �106(c) of AC21.
Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the BCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer of employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.
If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the BCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
Subject: Guidance for Processing Form I-485 in Accordance with Section 106(c) of AC21
As discussed above, if an alien is the beneficiary of an approved Form I-140 and is also the beneficiary of a Form I-485 that has been pending 180 days or longer, then the approved Form I-140 remains valid with respect to a new offer of employment under the flexibility provisions of �106(c) of AC21.
Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the BCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer of employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.
If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the BCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
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GCard_Dream
09-15 04:31 PM
I am not sure if this is entirely true. Yes we can't vote but folks who are pro-immigrant can and they will decide if legal immigration is good for this country or not. Trust me, if everyone was against legal immigration in this country then none of us would be here in the first place. Everyone knows that there is a shortage of labor and migrants are needed to fill the jobs.
Why do you think most of the minorities vote for democrats? One of the reason, amongst various others, is that people think of democrats as pro-immigration party. In fact that's one of the reason I like dems.
Because of this 9/11 case, everyone is kind of worried about the security and it makes sense. Americans want to get a handle on who is coming in and who is going out and I can't and won't argue against that. Everyone wants to live without the fear of terrorism and that's understandable.
To make long story short, there are plenty of people who will vote based on what the candidate's standing is on the immigration. In fact, that's precisely the reason house didn't bring up the immi bill this year because they didn't want to have their candidates vote one way or the other on the immigration issue and have to explain that to voters in couple of months.
Everybody knows about legals and illegals. Will it gain any grounds for them to get big vote this november is important. The SKIL bill or any legal provisions in the CIR will not fetch even a single vote for them. In fact it MAY reduce the vote from anti immigrant groups if they add anything for legals.
Why do you think most of the minorities vote for democrats? One of the reason, amongst various others, is that people think of democrats as pro-immigration party. In fact that's one of the reason I like dems.
Because of this 9/11 case, everyone is kind of worried about the security and it makes sense. Americans want to get a handle on who is coming in and who is going out and I can't and won't argue against that. Everyone wants to live without the fear of terrorism and that's understandable.
To make long story short, there are plenty of people who will vote based on what the candidate's standing is on the immigration. In fact, that's precisely the reason house didn't bring up the immi bill this year because they didn't want to have their candidates vote one way or the other on the immigration issue and have to explain that to voters in couple of months.
Everybody knows about legals and illegals. Will it gain any grounds for them to get big vote this november is important. The SKIL bill or any legal provisions in the CIR will not fetch even a single vote for them. In fact it MAY reduce the vote from anti immigrant groups if they add anything for legals.
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GotFreedom?
03-12 10:33 AM
Congratulations and Enjoy.
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Mount Soche
12-18 01:31 PM
Yes, yes, yes you can invest in stocks etc.
You don't need need anything from the INS.
I invest with Scottrade too, as do many of us on this forum.
Hello i am new to this forum, i am looking for some answers involving stock trading? My question is: Can i invest in stocks, mutual fund, etc. while having only a EAD(work Permit)? Do i need get permission from IRS? What do i need to do invest legally? I was thinking of investing with Scottrader.
Thanks in advance for all the replies.
You don't need need anything from the INS.
I invest with Scottrade too, as do many of us on this forum.
Hello i am new to this forum, i am looking for some answers involving stock trading? My question is: Can i invest in stocks, mutual fund, etc. while having only a EAD(work Permit)? Do i need get permission from IRS? What do i need to do invest legally? I was thinking of investing with Scottrader.
Thanks in advance for all the replies.
kingkon_2000
03-26 11:16 AM
I had my EB2 LC rejected and the reason that DOL gave was they were not able to contact the employer and/or employer did not respond to their correspondence. Lawyer gave me two option to refile (I will lose PD) or appeal. This was in 2005 when PERM had just started and the lawyers said they did not know how long the appeal process takes in PERM since it was new system. To cut the story short I received the approved LC within 45days of appeal, but my case was a simple one I think. Your case it a bit different but in no case an appeal should take 1.5 years at least in PERM.
prem_goel
04-17 04:19 PM
You can file a small claim in the county your employer is based at for not paying you your salary. That way, the document becomes a public record. If in future anyone wants to see if there were any lawsuits filed against your employer, it'll show up.
The small claim trials are also held rather quickly, like within 30-45 days from the day you file. The filing fees are usually minimal. It depends on your county. Usually those are also recoverable, along with the time you spent on filing it.
I guess I am stressing this since these cases are public records and a copy is sent to the libraries of high court/supreme court here.
The small claim trials are also held rather quickly, like within 30-45 days from the day you file. The filing fees are usually minimal. It depends on your county. Usually those are also recoverable, along with the time you spent on filing it.
I guess I am stressing this since these cases are public records and a copy is sent to the libraries of high court/supreme court here.
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