unit
09-16 07:43 PM
Thank you for your responses.
My situation is different, since my 485 is not yet approved (PD Dec 2006 EB2).
Company A applied for my GC (140 approved and 485 filed in July 2007), but I have never worked for company-A. I had been working for company-B during all these on H1. However I am now with company-C for last 6 months using EAD.
I have never done the AC-21, since my lawyer said that is not required since I was with company-B and did not change jobs in between.
In my case, company-A is not closing down, and I am willing to work for them after 6 months or so.
My question is are there any risks in my 485 in this context?
Should I be moving to company-A to reduce any risk?
Would appreciate your responses in this.
My situation is different, since my 485 is not yet approved (PD Dec 2006 EB2).
Company A applied for my GC (140 approved and 485 filed in July 2007), but I have never worked for company-A. I had been working for company-B during all these on H1. However I am now with company-C for last 6 months using EAD.
I have never done the AC-21, since my lawyer said that is not required since I was with company-B and did not change jobs in between.
In my case, company-A is not closing down, and I am willing to work for them after 6 months or so.
My question is are there any risks in my 485 in this context?
Should I be moving to company-A to reduce any risk?
Would appreciate your responses in this.
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Winner
02-24 11:52 AM
Recently we are seeing lot of people with new id without completing profile they are able to start new thread. What if admin enforced new user to fill the personnel information and then only they can post on this web site. More importantly some key massages\important issues get berried in active forums due to above issue.
Even going further we can put trial period for new users for 15 days .If they have any questions just pay 5-10 $ and get active in forum there answers will be provided by all our valued/all star members (most green as per rank) in this way we get more revenue and members get valued advice.
I’m not sure about "pay to post" idea, but I’ve one more suggestion.
I see many offensive/ill-mannered posts/replies in the forums; this is bound to happen if we let members to be anonymous. I would suggest a verification process in which any new member should provide his phone # and state leader/volunteer can call the person and then grant them access then we can have a healthy debates and discussions.
Now I understand that this will put more burden on the volunteers and state leaders who are spending their personal time to help all of us. I can take care of this task for Texas.
Even going further we can put trial period for new users for 15 days .If they have any questions just pay 5-10 $ and get active in forum there answers will be provided by all our valued/all star members (most green as per rank) in this way we get more revenue and members get valued advice.
I’m not sure about "pay to post" idea, but I’ve one more suggestion.
I see many offensive/ill-mannered posts/replies in the forums; this is bound to happen if we let members to be anonymous. I would suggest a verification process in which any new member should provide his phone # and state leader/volunteer can call the person and then grant them access then we can have a healthy debates and discussions.
Now I understand that this will put more burden on the volunteers and state leaders who are spending their personal time to help all of us. I can take care of this task for Texas.
gconmymind
05-29 11:17 PM
ramus, really appreciate your dedication in taking ownership of geeting people to send webfax. For the record sent the webfax, got my wife to send the web fax as well. Since people are so lazy if you ask somebody to send webfax, also include the url alteast that way they might click on the url and send the web fax. the url for the web fax is
http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46
People for your own sake please follow all action alerts, web fax, calling senators emails etc. This is now or never
Error while sending fax....
Immigration Voice Web Fax
Message was not sent
Mailer Error: Language string failed to load: recipients_failedivoice-config@interpage.net
http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46
People for your own sake please follow all action alerts, web fax, calling senators emails etc. This is now or never
Error while sending fax....
Immigration Voice Web Fax
Message was not sent
Mailer Error: Language string failed to load: recipients_failedivoice-config@interpage.net
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work4pd
07-20 01:38 PM
Decoupling H1B and H-4 Time ?
RIP 'Labor Substitution' is the best thing happened ever happened so far!!!
RIP 'Labor Substitution' is the best thing happened ever happened so far!!!
more...
laksmi
01-29 11:16 AM
Macml,
Did you pay fee again to USCIS for AP to get it modified or USCIS did free of cost and how many months did it take to get AP document with correct Date of Birth.
Thank you
Did you pay fee again to USCIS for AP to get it modified or USCIS did free of cost and how many months did it take to get AP document with correct Date of Birth.
Thank you
waitingnwaiting
01-26 11:10 AM
01/26/2011: Comprehensive Immigration Reform Bill Introduced in the Senate 01/25/2011
* Yesterday, the Majority Leader, Senator Harry Reid, introduced S.6 bill in the Senate to reform America's broken immigration system, co-sponsored by nine other Senators. This is one of the ten bills he placed in the Senate's priority agenda for the 112th Congress. This has a long way to go ahead, but it symbolizes the Senate Democrats' plan to initiate debate on this key issue. Please stay tuned to this web site for the development of this legislation.
* Text of S.6:
o Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
o SECTION 1. SHORT TITLE.
+ This Act may be cited as the ``Reform America's Broken Immigration System Act''.
o SEC. 2. SENSE OF THE SENATE.
o It is the sense of the Senate that Congress should--
+ (1) fulfill and strengthen our Nation's commitments regarding border security;
+ (2) pass legislation to support our national and economic security, such as the DREAM Act, which would allow students who came to America before turning 16 to earn citizenship by attending college or joining the armed forces, and AgJobs, which would help to ensure a stable and legal agricultural workforce and protect the sustainability of the American agricultural industry;
+ (3) implement a rational legal immigration system to ensure that the best and brightest minds of the world can come to the United States and create jobs for Americans while, at the same time, safeguarding the rights and wages of American workers;
+ (4) require all United States workers to obtain secure, tamper-proof identification to prevent employers from hiring people here illegally, and toughen penalties on employers who break labor and immigration laws;
+ (5) hold people accountable who are currently here illegally by requiring them to either earn legal status through a series of penalties, sanctions, and requirements, or face immediate deportation; and
+ (6) adopt practical and fair immigration reforms to help ensure that families are able to be together.
* Yesterday, the Majority Leader, Senator Harry Reid, introduced S.6 bill in the Senate to reform America's broken immigration system, co-sponsored by nine other Senators. This is one of the ten bills he placed in the Senate's priority agenda for the 112th Congress. This has a long way to go ahead, but it symbolizes the Senate Democrats' plan to initiate debate on this key issue. Please stay tuned to this web site for the development of this legislation.
* Text of S.6:
o Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
o SECTION 1. SHORT TITLE.
+ This Act may be cited as the ``Reform America's Broken Immigration System Act''.
o SEC. 2. SENSE OF THE SENATE.
o It is the sense of the Senate that Congress should--
+ (1) fulfill and strengthen our Nation's commitments regarding border security;
+ (2) pass legislation to support our national and economic security, such as the DREAM Act, which would allow students who came to America before turning 16 to earn citizenship by attending college or joining the armed forces, and AgJobs, which would help to ensure a stable and legal agricultural workforce and protect the sustainability of the American agricultural industry;
+ (3) implement a rational legal immigration system to ensure that the best and brightest minds of the world can come to the United States and create jobs for Americans while, at the same time, safeguarding the rights and wages of American workers;
+ (4) require all United States workers to obtain secure, tamper-proof identification to prevent employers from hiring people here illegally, and toughen penalties on employers who break labor and immigration laws;
+ (5) hold people accountable who are currently here illegally by requiring them to either earn legal status through a series of penalties, sanctions, and requirements, or face immediate deportation; and
+ (6) adopt practical and fair immigration reforms to help ensure that families are able to be together.
more...
Dhundhun
12-05 01:31 AM
Congratulations and good to hear from you.
2010 will smith family pictures
snathan
11-05 11:44 AM
you can help himm
AKSHAYA U.S.A.� | �Krishnan Narayanan� | �2010 Top 10 CNN Hero (http://akshayausa.org/)
AKSHAYA U.S.A.� | �Krishnan Narayanan� | �2010 Top 10 CNN Hero (http://akshayausa.org/)
more...
bestofall
07-28 04:28 PM
How to Participate
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Please send us your questions and issues related to the teleconference topics ahead of the call.
If you are unable to participate in these calls, please visit our website at www.dhs.gov/cisombudsman for upcoming teleconference dates. Also, if you have a topic of interest for a future call, please send it to cisombudsman.publicaffairs@dhs.gov.
To participate in these calls, please RSVP to cisombudsman.publicaffairs@dhs.gov specifying which call you would like to join. Participants will receive a return email with the call-in information.
New procedures:
To ensure your participation, we encourage you to RSVP 48 hours before the call.
Please send us your questions and issues related to the teleconference topics ahead of the call.
If you are unable to participate in these calls, please visit our website at www.dhs.gov/cisombudsman for upcoming teleconference dates. Also, if you have a topic of interest for a future call, please send it to cisombudsman.publicaffairs@dhs.gov.
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nikunj007
03-10 03:09 AM
Has anyone came across a person who filed multiple h1b through different employers and one got selected and other
rejected in lottery? Pls share.
rejected in lottery? Pls share.
more...
gcseeker2002
10-26 01:00 PM
My wife had her visa stamped in Bombay consulate - and during the interview they asked to see the I797 - but i had instructed her to ask for it back and she specifically asked the officer if she could have it back because I needed it - and he promptly gave it.
maybe Delhi Consulate works differently. Hopefully they will mail you back the 797 notice with the passport.
My wife went for stamping in 08/2003 and I just gave her the copy of the I797 approval notice, so I didnt have to worry about getting back the original. I think they gave back the copy too, so why are you sending original 797 for H4 stamping, it is not a required document I think.
maybe Delhi Consulate works differently. Hopefully they will mail you back the 797 notice with the passport.
My wife went for stamping in 08/2003 and I just gave her the copy of the I797 approval notice, so I didnt have to worry about getting back the original. I think they gave back the copy too, so why are you sending original 797 for H4 stamping, it is not a required document I think.
hot Will Smith family#39;
srikondoji
07-02 03:04 PM
follow your lawyer's advice.
You can still be part of plaitiff, if you can show the proof of your expenses and proove that you had a material loss because of USCIS/DOS goof up.
--sri
Today morning when I was just adding the notarised birth affidavit that I had recievd last night from India and was leaving to fedex the papers to Nebraska, my lawyer called up and informed of the update and asked me not to send the app. Now after reading all the posts here, could someone advice if I should send the app- I mean if there is some re-thinking by USCIS, would they might say show us the sent reciept etc ???
Pls advice,
Thanks,
You can still be part of plaitiff, if you can show the proof of your expenses and proove that you had a material loss because of USCIS/DOS goof up.
--sri
Today morning when I was just adding the notarised birth affidavit that I had recievd last night from India and was leaving to fedex the papers to Nebraska, my lawyer called up and informed of the update and asked me not to send the app. Now after reading all the posts here, could someone advice if I should send the app- I mean if there is some re-thinking by USCIS, would they might say show us the sent reciept etc ???
Pls advice,
Thanks,
more...
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sledge_hammer
02-18 12:08 PM
If the question is whether AC21 can be used or not, then the answer is YES. If the question is whether it is legal or not, then the answer is illegal. If the applicant never had the intention to work for the company that filed for GC, then it is fraud.
Besides, with VSG Inc. in such a big mess, who knows what USCIS is going to decide about these cases!
Incorrect.
As per Yates memo (link (http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf))
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.
______________________
Not a legal advice.
US citizen of Indian origin
Besides, with VSG Inc. in such a big mess, who knows what USCIS is going to decide about these cases!
Incorrect.
As per Yates memo (link (http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf))
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.
______________________
Not a legal advice.
US citizen of Indian origin
tattoo Jaden, Willow, Will and Jada
Leo07
02-09 08:22 AM
These are blood sucking leeches playing with our emotions, just for the sake of few clicks on to their page.
The article is Dated Feb 11, 2010 and glorifying a half-hearted attempt in Dec 2009. GRRReattt:mad:
The article is Dated Feb 11, 2010 and glorifying a half-hearted attempt in Dec 2009. GRRReattt:mad:
more...
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somegchuh
10-31 05:26 PM
Thanks everyone for the input. Does anyone know if they issue the renewed EAD starting at the end of the current EAD or does the renewed EAD start on the day the case gets updated? If the answer is latter then I don't want to bother pushing the lawyer (not that they care anyways ;-)
my lawyer said that if anyone uses EAD to work or planning to use EAD soon (not H1B) then it is better to apply for EAD renewal before 6 months of current one expires. If you are in H1B not planning to use EAD even in future then you can renew it 3-4 months before expiry.
my lawyer said that if anyone uses EAD to work or planning to use EAD soon (not H1B) then it is better to apply for EAD renewal before 6 months of current one expires. If you are in H1B not planning to use EAD even in future then you can renew it 3-4 months before expiry.
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matreen
12-17 02:21 AM
Team,
Here is my situation: I was working for a company A as a systems analyst and filed my GC on July, 2004 in RIR. Got the Labor approved in December 2006.
But I have transfered my H1B to company B in November, 2005 as a systems analyst and filed my GC in Jan, 2007 in PERM. Got my LC and 140 approved in April, 2007 + filed AOS in July, 2007. Still I am continuing my services with company B on H1B (H1b expires on Sep, 2008).
I am having difficulties with Company B, they are creating problems and planning to lay me off soon. I am very much concerned and worried about it since I live with two little kids.
My previous employer (company A) willing to take me back but I have the folloiwng questions and would really appreciate and thank you for your answers.
1. If I want to keep my status with H1B only and transfer my H1 to company A, will that cause any issues to my AOS of company B?
2. As I mentioned company A has my LC approved, if I transfer my H1B to comapny A, can file my 140 with company A again? If Yes, will that impact my AOS of company B?
3. If I transfer H1B and continue my services with company A, how does we port ACT21 to my status? Is it must to use EAD to use ACT 21?
4. If I jump on ACT 21 using my EAD from company B to company A, can I file my 140 with company A? if Yes, will that impact my AOS of company B?
5. If I change the employer after 180 days, current employer (company B) will have any authority to create any problems with AOS or with approved 140?
6. If I filed my 140 with company A and got denied, what happens with AOS from comapny B?
Guys once again I really appreciate your time and please give me some suggestions as I am very badly in need of your help.
Thanks,
M
Here is my situation: I was working for a company A as a systems analyst and filed my GC on July, 2004 in RIR. Got the Labor approved in December 2006.
But I have transfered my H1B to company B in November, 2005 as a systems analyst and filed my GC in Jan, 2007 in PERM. Got my LC and 140 approved in April, 2007 + filed AOS in July, 2007. Still I am continuing my services with company B on H1B (H1b expires on Sep, 2008).
I am having difficulties with Company B, they are creating problems and planning to lay me off soon. I am very much concerned and worried about it since I live with two little kids.
My previous employer (company A) willing to take me back but I have the folloiwng questions and would really appreciate and thank you for your answers.
1. If I want to keep my status with H1B only and transfer my H1 to company A, will that cause any issues to my AOS of company B?
2. As I mentioned company A has my LC approved, if I transfer my H1B to comapny A, can file my 140 with company A again? If Yes, will that impact my AOS of company B?
3. If I transfer H1B and continue my services with company A, how does we port ACT21 to my status? Is it must to use EAD to use ACT 21?
4. If I jump on ACT 21 using my EAD from company B to company A, can I file my 140 with company A? if Yes, will that impact my AOS of company B?
5. If I change the employer after 180 days, current employer (company B) will have any authority to create any problems with AOS or with approved 140?
6. If I filed my 140 with company A and got denied, what happens with AOS from comapny B?
Guys once again I really appreciate your time and please give me some suggestions as I am very badly in need of your help.
Thanks,
M
more...
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siva008
02-24 12:38 PM
I have a Master's program in US and had 3 years previous work ex. Filed my H1B transfer on Sep, which was recently converted to premium processing. Got the RFE as listed below:
If it is your contention that the beneficialry is qualified to perform services in the specialty occupation yu have described through a combination of education, specialised training and/or work experience in areas related to the specialty . you must submit an evaluation from an official who has the authority to grant college-level credit for training and/or experience in the speciality at an accredited college or univeristy, which has a program for granting such credit based on an individual's training and/or work experience.
With the evaluation, the official must include a letter from the dean or provost of the official's affiliated education instutions, stating that the evaluating offical has the authoriity to grant college-level credit for training and/or experience. The dean or provost must also state in the letter whether the affiliated educational instutiion has a program for granting credit based on a indicidual's training and/or work experience, If the evealuator bases the evaluation partly or completely on the beneficiary's work experience. the evaluation must vlearly demonstate that:
) The beneficiary''s training and/or work experience included the theoretical and practical application of specialized knowledge required by the specialty;
2) The claimed experience was gained while working with peers, supervisors, and/or subordinates who have a degree or equivalent in the specialty
3) The beneficiary has recognition of expertise in the specialty evidenced by at least one type of documentation
A) Recognition of expertise in the specialty occupation by at least two recognized authorities in the same specialty occupation;
B) Membership in a recognized foreign or United States association or society in the specialty
occupation;
C) Published material by or about the alien in professional publications, trade journals, or major newspapers;
D) licensure or registration to practice the specialty occupation in a foreign country; or Achievements
if any one has similar problem please share
Thanks
If it is your contention that the beneficialry is qualified to perform services in the specialty occupation yu have described through a combination of education, specialised training and/or work experience in areas related to the specialty . you must submit an evaluation from an official who has the authority to grant college-level credit for training and/or experience in the speciality at an accredited college or univeristy, which has a program for granting such credit based on an individual's training and/or work experience.
With the evaluation, the official must include a letter from the dean or provost of the official's affiliated education instutions, stating that the evaluating offical has the authoriity to grant college-level credit for training and/or experience. The dean or provost must also state in the letter whether the affiliated educational instutiion has a program for granting credit based on a indicidual's training and/or work experience, If the evealuator bases the evaluation partly or completely on the beneficiary's work experience. the evaluation must vlearly demonstate that:
) The beneficiary''s training and/or work experience included the theoretical and practical application of specialized knowledge required by the specialty;
2) The claimed experience was gained while working with peers, supervisors, and/or subordinates who have a degree or equivalent in the specialty
3) The beneficiary has recognition of expertise in the specialty evidenced by at least one type of documentation
A) Recognition of expertise in the specialty occupation by at least two recognized authorities in the same specialty occupation;
B) Membership in a recognized foreign or United States association or society in the specialty
occupation;
C) Published material by or about the alien in professional publications, trade journals, or major newspapers;
D) licensure or registration to practice the specialty occupation in a foreign country; or Achievements
if any one has similar problem please share
Thanks
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rakesh_one
10-10 10:47 AM
You have another option of attaching both the old and new fees in 2seperate checks along with a letter explaining your case,you can add in the letter that they could cash the check they felt right and return the other check.My attorney did this for me one time.You also consult your attorney for the same.
I faced similar issue on EAD. I have put two checks. One for 180 and other for 160. (total of 340). I have put a self addressed , pre-payed envelope and wrote a letter asking if they deem the fee is 180, then they can return or destroy the 160 check. I my case, they used both the checks and discorded the envelope.
I faced similar issue on EAD. I have put two checks. One for 180 and other for 160. (total of 340). I have put a self addressed , pre-payed envelope and wrote a letter asking if they deem the fee is 180, then they can return or destroy the 160 check. I my case, they used both the checks and discorded the envelope.
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gc_rip
07-06 12:52 PM
Thanks Ann,
This is really helpful.
To understand it carefully, as long as the new company can provide me a future job offer, when the PD is current the GC can be approved.
In this case,
1. Should I transfer my H1B with the new company, or it's not required? My job offer will be from the Indian company, and not the US company.
2. In case of business travel, until the PD is current, if I don't have AP renewed which visa should I travel on? As I won't be paid directly from the US counterpart of the company, I am not sure if I can travel using H1 for short time.
Could traveling on B1 visa consider it as abandonment of GC process?
Thanks,
-Raj
This is really helpful.
To understand it carefully, as long as the new company can provide me a future job offer, when the PD is current the GC can be approved.
In this case,
1. Should I transfer my H1B with the new company, or it's not required? My job offer will be from the Indian company, and not the US company.
2. In case of business travel, until the PD is current, if I don't have AP renewed which visa should I travel on? As I won't be paid directly from the US counterpart of the company, I am not sure if I can travel using H1 for short time.
Could traveling on B1 visa consider it as abandonment of GC process?
Thanks,
-Raj
rahul98
07-17 07:07 PM
Great job IV..I am proud to be a part of IV.
Contributed $100...
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Contributed $100...
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minimalist
10-08 02:50 PM
Could you share how you received the original 485 receipt? I only received a copy of the receipt. Can we request one from USCIS?
Yes I did.
Yes I did.
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