sanjay02
07-24 02:49 PM
Hi
I am July 2007 filer my PD Nov 2005, I had a interview on Feb 2009 after interview , the Immigration office gave me a letter, which says the following
"Your case has been continued for the unavailability of VISA"
Does it mean once the PD goes to Dec 2005 I will get my GC? Would I have to do anything from my end like going to local USCIS office?
I am July 2007 filer my PD Nov 2005, I had a interview on Feb 2009 after interview , the Immigration office gave me a letter, which says the following
"Your case has been continued for the unavailability of VISA"
Does it mean once the PD goes to Dec 2005 I will get my GC? Would I have to do anything from my end like going to local USCIS office?
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kpchal2
03-03 07:42 AM
Hello forum gurus
I am planning on moving from Company A to Company B. I have an approved I-140 from Company A which was approved in Sept 2007 and also applied for 485 on July 2nd 2007. It has been almost 1.5 yrs since I applied for 485 and I-140 approval.
Planning to move from Company A to Company B. Company A will not revoke my I-140 that is for sure. I am moving to a good company with 1000+ workforce and in an upcoming industry. It is not a consulting firm. It is a product based company. My wife is currently on EAD and is relying on it to work.
What are the odds that my AC21 may be wrongfully denied. I am having a hard time sleeping while thinking about this. I am on my H1. Can she still use her EAD while we file a petition for Motion to Reopen in the event that the 485 is wrongfully denied or does she have to change to H4 immediatly.
Can some one share your thoughts.
thanks in advance
I am planning on moving from Company A to Company B. I have an approved I-140 from Company A which was approved in Sept 2007 and also applied for 485 on July 2nd 2007. It has been almost 1.5 yrs since I applied for 485 and I-140 approval.
Planning to move from Company A to Company B. Company A will not revoke my I-140 that is for sure. I am moving to a good company with 1000+ workforce and in an upcoming industry. It is not a consulting firm. It is a product based company. My wife is currently on EAD and is relying on it to work.
What are the odds that my AC21 may be wrongfully denied. I am having a hard time sleeping while thinking about this. I am on my H1. Can she still use her EAD while we file a petition for Motion to Reopen in the event that the 485 is wrongfully denied or does she have to change to H4 immediatly.
Can some one share your thoughts.
thanks in advance
gauravster
01-20 11:27 AM
As far as my understanding goes, EB1/2/3 is fairly recent, 15-20 year pehnomemon. As such getting examples of people who have been extremely successful post getting the visa is going to be difficult. Even for Harvard reunions, usually it is only at the 25th reunion (among a few thousand people) that you have some very successful people, in a 10-15 year span, getting extremely successful(to have your name in newspapers every other day) is like a 1 in 100,000 chance. Even with EB1s.
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Appu
11-16 02:09 PM
Don't worry about processing dates..
In a brief all centers will move 1 month forward and NSB with move 15 day forward....
The good thing regarding the processing date is we don't have retrogation..
Some tables (e.g., Nebraska, I-140 NIW) show retrogression of processing times. from 6 months to 15 months.
In a brief all centers will move 1 month forward and NSB with move 15 day forward....
The good thing regarding the processing date is we don't have retrogation..
Some tables (e.g., Nebraska, I-140 NIW) show retrogression of processing times. from 6 months to 15 months.
more...
invincibleasian
02-20 06:34 PM
I used the data from this webite to apply for FOIA for I-140
pd_recapturing
04-04 03:25 PM
It also talks about 180 days rule. On the other hand, they are still sending denial notices to ppl whose 140 have been revoked by the employer.
"In most cases, the job offer in the Form I-140 must remain valid and available to the alien beneficiary until s/he obtains permanent resident status. In some limited circumstances, the law allows adjustment applicants to change employers without interrupting their eligibility for adjustment of status if the Form I-140 has been approved and the adjustment application has been pending for at least 180 days. USCIS recognizes that some workers may want to take advantage of this provision in the law and has increased its emphasis on processing the underlying employer petitions independent of the availability of a visa for the finalization of the adjustment of status application"
"In most cases, the job offer in the Form I-140 must remain valid and available to the alien beneficiary until s/he obtains permanent resident status. In some limited circumstances, the law allows adjustment applicants to change employers without interrupting their eligibility for adjustment of status if the Form I-140 has been approved and the adjustment application has been pending for at least 180 days. USCIS recognizes that some workers may want to take advantage of this provision in the law and has increased its emphasis on processing the underlying employer petitions independent of the availability of a visa for the finalization of the adjustment of status application"
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canmt
10-19 01:25 PM
The guideline issued by the Director of USCIS to field officers to interpret AC 21 does not take into consideration the geographic location of the new employer.
I cannot say how USCIS will interpret AC 21 cases where the salary is more or less than prevailing wages specified in labor certification but USCIS will issue a request for evidence to get a letter from your new employer to state that your terms and conditions of approved labor certification continue to exist.
This could mean the new employer has no obligation to pay you as per your labor certification but once the green card is approved he would pay the money mentioned in the labor certification. No one can enforce this since both you and employer will look for bottom line profits.
If you have an offer with same or more money than the privileging wage determination in your approved labor certification you should be good but I don’t know how USCIS will interpret the AC 21 where geographic location of the employer is different. For example if the labor is certified in NYC with 120k and I take up 100k job at Raleigh more than prevailing wage for that location and currently i'm paid 75k till I get my green card as employer is not obligated to pay the salary as per wage determination in NYC.
I hope this helps and good luck on your green card chase.
I cannot say how USCIS will interpret AC 21 cases where the salary is more or less than prevailing wages specified in labor certification but USCIS will issue a request for evidence to get a letter from your new employer to state that your terms and conditions of approved labor certification continue to exist.
This could mean the new employer has no obligation to pay you as per your labor certification but once the green card is approved he would pay the money mentioned in the labor certification. No one can enforce this since both you and employer will look for bottom line profits.
If you have an offer with same or more money than the privileging wage determination in your approved labor certification you should be good but I don’t know how USCIS will interpret the AC 21 where geographic location of the employer is different. For example if the labor is certified in NYC with 120k and I take up 100k job at Raleigh more than prevailing wage for that location and currently i'm paid 75k till I get my green card as employer is not obligated to pay the salary as per wage determination in NYC.
I hope this helps and good luck on your green card chase.
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sc3
01-09 12:43 PM
No the current one!
No, you are supposed to return all I-94s!!.
No, you are supposed to return all I-94s!!.
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prince_charming
04-08 04:14 PM
Does July 1st include the weekend till 3rd July or it just hardstop @ July 1st?
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GCBy3000
05-19 09:35 AM
Yes, keep all you honest opinion within your self until your shackles are removed. We all know the visa status H1B is exploting point for some consulting firms and employers. Knowing this I do not understand what is the need of expressing "my desire NOT to stay with him any longer than I need to"
Keep this desire within your self and keep the GC ball rolling until you get some command. But you have already said so. With my experience, I would say the employers and attorneys have very good relationship which they are supposed to have. With this relationship, they will find all the means to do whatever they desire to do. So be patient and butter your employer and get your job done.
Patience wins in this GC process.
Keep this desire within your self and keep the GC ball rolling until you get some command. But you have already said so. With my experience, I would say the employers and attorneys have very good relationship which they are supposed to have. With this relationship, they will find all the means to do whatever they desire to do. So be patient and butter your employer and get your job done.
Patience wins in this GC process.
more...
joydiptac
04-21 02:44 PM
Hey don't get too hasty here.
You are lucky that you are on extended LOP. Try to stay as long as you can on this. This is 100% legal. In parallel look for a job.
Here are my answers:
I am currently on my 9th year h1..my 140 is approved..and i am not a june 2007 filer..H1 valid till may 2010
My spouse is on H1..can i switch over H4..
Yes but why?
> My company had not "officially" laid me off.. i am on an extended LOP.. and since there is no time limit of LOP on H1.. i am sure i cannot be on LOP for ever..;-)..its been 2 weeks..and i dont want to become illegal now..
so here is my dilemma::confused:
a.) If i switch to H4 and after few months i get a project..can i go back to H1..->
No. H1 has to be refiled.
b.) Can i file for H4 on my own..is it complicated?
Yes and Not complicated (I haven't done this but I have seen the application).
c.) if i change to H4..and my PD becomes current (PD Dec 2005)
.) Can i file for AOS..as my 140 is approved..
NO. Your GC is based on your employer. If you are on H4 => you are not on H1 => you are not working for the company. Therfore cannot use (AOS, is my understanding) and the same 140 to file I485. However if you start a new GC process then you should be able to breeze thru the system i.e. labor, 140 etc. That time you need to get the priority date of your previous labor since your 140 is approved - a lawyer will tell you how.
.) Suppose i go back to desh ..can i file for consular processing..if my PD become current
I don't know this one clearly. This may be possible if the company for which your 140 was applied says that they still have the position open for you.
thank you!
BTW are you from IT BHU?
You are lucky that you are on extended LOP. Try to stay as long as you can on this. This is 100% legal. In parallel look for a job.
Here are my answers:
I am currently on my 9th year h1..my 140 is approved..and i am not a june 2007 filer..H1 valid till may 2010
My spouse is on H1..can i switch over H4..
Yes but why?
> My company had not "officially" laid me off.. i am on an extended LOP.. and since there is no time limit of LOP on H1.. i am sure i cannot be on LOP for ever..;-)..its been 2 weeks..and i dont want to become illegal now..
so here is my dilemma::confused:
a.) If i switch to H4 and after few months i get a project..can i go back to H1..->
No. H1 has to be refiled.
b.) Can i file for H4 on my own..is it complicated?
Yes and Not complicated (I haven't done this but I have seen the application).
c.) if i change to H4..and my PD becomes current (PD Dec 2005)
.) Can i file for AOS..as my 140 is approved..
NO. Your GC is based on your employer. If you are on H4 => you are not on H1 => you are not working for the company. Therfore cannot use (AOS, is my understanding) and the same 140 to file I485. However if you start a new GC process then you should be able to breeze thru the system i.e. labor, 140 etc. That time you need to get the priority date of your previous labor since your 140 is approved - a lawyer will tell you how.
.) Suppose i go back to desh ..can i file for consular processing..if my PD become current
I don't know this one clearly. This may be possible if the company for which your 140 was applied says that they still have the position open for you.
thank you!
BTW are you from IT BHU?
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vamsi_poondla
10-17 03:04 PM
Hi,
I have applied for my EAD and I-485 in the month of June '07 and all that i have recieved so far is my wife's EAD. I still did not recieve my EAD nor the finger prints notice nor the 485 yet. I have to move to IL from TX now and i am in a big confusion now. I heard that the mails from the USICS will not be forwarded to any new address by the USPS. If i would want to change my address with the USCIS now will it be a good move or is there any other alternative that you all could suggest me...Please advice me on this issue and help me out of this situation.
Krishna.
I changed the address and notified that with USCIS using AR-11 form. After you submit that form, you will be asked whether there are any pending applications with USCIS for which the address change has to be applied. If you select that option, one after other you can give your receipt numbers of I-485, I-131 and I-765 and change the addresses. It is not a big deal.
At the same time, I advice you not to change the address, if the EAD status says "Card Production Ordered" or "Approval Notice Sent".
Coming to Postal Dept, they will forward everything unimportant like flyers, stupid credit card offers, and yellow pages, but promptly return USCIS documents back to them. So, you need to call in CIS helpline and request them to resend the documents.
BTW for someone who applies in June 2007, I think it is too delayed if you did not receive EAD. Did you check with CIS why it is delayed?
I have applied for my EAD and I-485 in the month of June '07 and all that i have recieved so far is my wife's EAD. I still did not recieve my EAD nor the finger prints notice nor the 485 yet. I have to move to IL from TX now and i am in a big confusion now. I heard that the mails from the USICS will not be forwarded to any new address by the USPS. If i would want to change my address with the USCIS now will it be a good move or is there any other alternative that you all could suggest me...Please advice me on this issue and help me out of this situation.
Krishna.
I changed the address and notified that with USCIS using AR-11 form. After you submit that form, you will be asked whether there are any pending applications with USCIS for which the address change has to be applied. If you select that option, one after other you can give your receipt numbers of I-485, I-131 and I-765 and change the addresses. It is not a big deal.
At the same time, I advice you not to change the address, if the EAD status says "Card Production Ordered" or "Approval Notice Sent".
Coming to Postal Dept, they will forward everything unimportant like flyers, stupid credit card offers, and yellow pages, but promptly return USCIS documents back to them. So, you need to call in CIS helpline and request them to resend the documents.
BTW for someone who applies in June 2007, I think it is too delayed if you did not receive EAD. Did you check with CIS why it is delayed?
more...
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deejay
01-16 07:23 PM
Hi,
How do I file my taxes when I was on an OPT for 9 months and 3 months on H1B?
Also,
8 Months of the OPT was in Cincinnati and 1 Month in Chicago.
3 Months of the H1B was in Chicago.
Can I use Turbo Tax to file my taxes or should I go to an accountant?
I got 2 w2 forms from my employer. 1 for the time I worked in Cincinnati and 1 for Chicago. I am not sure if they are 2 different w2 forms or just 1, because on 1 of the w2 forms it says "1 of 2 w2 form" and on the other it says "2 of 2 w2 form".
I am pretty confused, so if anyone was in a similar situation can please let me know what they did, that would be great.
Thanks,
Deejay
How do I file my taxes when I was on an OPT for 9 months and 3 months on H1B?
Also,
8 Months of the OPT was in Cincinnati and 1 Month in Chicago.
3 Months of the H1B was in Chicago.
Can I use Turbo Tax to file my taxes or should I go to an accountant?
I got 2 w2 forms from my employer. 1 for the time I worked in Cincinnati and 1 for Chicago. I am not sure if they are 2 different w2 forms or just 1, because on 1 of the w2 forms it says "1 of 2 w2 form" and on the other it says "2 of 2 w2 form".
I am pretty confused, so if anyone was in a similar situation can please let me know what they did, that would be great.
Thanks,
Deejay
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gcformeornot
04-07 02:07 PM
As far as I know, labor subs was banned in 2007...So if labor was substituted before 2007, we need to worry....Other cases who have 140 and labor intact now need not worry abt this rule for AC21..
Correct me if this is wrong...
but in many many cases people do not know about their Labor and 140 details. Many many chose not file AC21 documents... they just move to a new employer.... some of them might have their labor substituted without them know it.....
Mind you if you look at 485 inventory.... there are thousands of them out there who have filed 485 before July 2007 and still are waiting....
Correct me if this is wrong...
but in many many cases people do not know about their Labor and 140 details. Many many chose not file AC21 documents... they just move to a new employer.... some of them might have their labor substituted without them know it.....
Mind you if you look at 485 inventory.... there are thousands of them out there who have filed 485 before July 2007 and still are waiting....
more...
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pappu
04-15 05:34 PM
All members are requested to be careful what you post on the forum. Senior members are requested to be vigilant and inform the moderators if you find any post that maybe offensive or from anti immigrants.
This member is not a genuine IV member. No profile information has been given and a fake email id is given.
We will check such members with incomplete profile and point them out on the forum. To avoid such embarresment, please update your profiles with full information.
Bye Bye abby17 and abby from our forums.
This member is not a genuine IV member. No profile information has been given and a fake email id is given.
We will check such members with incomplete profile and point them out on the forum. To avoid such embarresment, please update your profiles with full information.
Bye Bye abby17 and abby from our forums.
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lkapildev
04-15 03:12 PM
Nothing will affect you. You are at the beinging stage of your GC. Donot get tensed or panic .. all will be smooth. I donot think there is any way to to inform DOL. Contact your attroney for any clarification.
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glen
08-02 04:45 PM
interested in charter/car pool
I am from Tallahassee and interested in travelling to DC for September 13th Rally.
Anyone else interested from North Florida?
South Florida members please inform me about your travel plans. I will like to join you guys, in case I don't find anyone from North Florida. Thanks.
I am from Tallahassee and interested in travelling to DC for September 13th Rally.
Anyone else interested from North Florida?
South Florida members please inform me about your travel plans. I will like to join you guys, in case I don't find anyone from North Florida. Thanks.
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Edison99
02-11 11:54 AM
Pappu, could you share IVs recommendations in this thread too�
Looks like the news is out on this in media.
Immigration Voice has been aware of this and actively working on it for last 3 weeks. This had been also posted on the donor forums. Core members and several key IV volunteers/ donors already have been working on it and analyzing it. We also had been asked for our recommendations and had send our recommendations. We should see this bill introduced soon in a few days.
Looks like the news is out on this in media.
Immigration Voice has been aware of this and actively working on it for last 3 weeks. This had been also posted on the donor forums. Core members and several key IV volunteers/ donors already have been working on it and analyzing it. We also had been asked for our recommendations and had send our recommendations. We should see this bill introduced soon in a few days.
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dixie
09-19 04:06 PM
We should just be asking for relief on waiting times, ability to travel freely, and change jobs.
Unfortunately, this requires a complete overhaul of the immigration system; not minor amendments. For instance, if we want the ability to change jobs freely that is really asking to de-couple the whole H1-B/GC system from our employers. You know very well how things work with current law: EVERYTHING related to our presence in the US; whether that is the work visa, LC or even the PD is OWNED by our employers.
I do agree that increasing visa numbers does not make good PR for our cause.
But the only quick and non-controversial fix (without increasing visa numbers) that I can think of is recapture and ability to file 485 without a visa number.
However, we cannot shy away from explaining how our problems can be solved .. after all average americans have no clue of how their country's immigration system works; if we dont do the explaining the anti-immigrant groups will do that for us with their own interpretation.
Unfortunately, this requires a complete overhaul of the immigration system; not minor amendments. For instance, if we want the ability to change jobs freely that is really asking to de-couple the whole H1-B/GC system from our employers. You know very well how things work with current law: EVERYTHING related to our presence in the US; whether that is the work visa, LC or even the PD is OWNED by our employers.
I do agree that increasing visa numbers does not make good PR for our cause.
But the only quick and non-controversial fix (without increasing visa numbers) that I can think of is recapture and ability to file 485 without a visa number.
However, we cannot shy away from explaining how our problems can be solved .. after all average americans have no clue of how their country's immigration system works; if we dont do the explaining the anti-immigrant groups will do that for us with their own interpretation.
HaveQuestions
04-13 01:43 PM
I have got an H1B reject because LCA did not include the client location. So most of you who say its ok to work elsewhere without an LCA change, you have been lucky!
Green_Always
05-08 07:28 PM
I use SBI and it is good. My Vote is for SBI .
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