bombaysardar
07-22 06:21 PM
If you read the rules closely, the employer is attesting to the fact that the job will be readily available at a future date. So as long as the employer issues a letter attesting to this, there is no issue. If you do indeed move prior to the six months, make sure you amend your H1B for the necessary changes (eg location)
Confirm with the co lawyer also.
Confirm with the co lawyer also.
SertTurk
07-19 01:59 PM
Ok , just got off the phone with my lawyer.He says we can not file a I485 because the priority date is not current. EB3 is showing 01OCT01 and we can only file that form when the bulletin is showing April2002. He says we are not eligible for that...And then he said "if the date was current, you would be in Turkey for consular processing and will not need file"
lonedesi
05-21 01:43 PM
I don't want to discourage you, but IV has looked into all these options earlier and has realized that it would be fruitless to try and ask our lazy politicians to take up our case with the US govt. More over this is an internal matter of US govt and Indian government cannot influence their policies and laws. Why would you expect Indian govt. to fight for you, when you left the Indian shores and want to settle down in US for your comfort?
Having said that, if you do have contacts and would like to take the lead in reaching out to the Indian govt, IV will support you. So please do the honors.
Having said that, if you do have contacts and would like to take the lead in reaching out to the Indian govt, IV will support you. So please do the honors.
chanduv23
09-14 03:37 PM
Follow Your Heart
Lets Go To Dc
Everyone To Dc
Lets Go To Dc
Everyone To Dc
more...
rocky123
05-01 09:31 PM
I complete 6 yrs on H1-B in August, 2007
Have PERM/I-140 approved with 3 yr H1B extension from August 2007 to Feb 2010.
Have a good job offer from company B, but seek your clarifications before I move further.
a. If I move now, can I take my 3 yr extension filed by company A with me or
b. should I join company B in September 2007( when I complete 6 yrs) during the 3 yr H1B extension period ?
Kindly help me out.
I am not worried abt porting the PD as I don't mind waiting on H1 forever as the wait for GC
is making my life miserable.
Thanks
Have PERM/I-140 approved with 3 yr H1B extension from August 2007 to Feb 2010.
Have a good job offer from company B, but seek your clarifications before I move further.
a. If I move now, can I take my 3 yr extension filed by company A with me or
b. should I join company B in September 2007( when I complete 6 yrs) during the 3 yr H1B extension period ?
Kindly help me out.
I am not worried abt porting the PD as I don't mind waiting on H1 forever as the wait for GC
is making my life miserable.
Thanks
ameryki
06-18 10:16 PM
I sent the following:
1) Confirmation Receipt of application
2) Copy of I 485 receipt
3) Front and back copy of current EAD card
4) A copy of the cut out that the current EAD came in
I don't think you need anything else. If you look at it theoretically I-94 and passport, drivers license has nothing to do with an EAD card approval or denial.
1) Confirmation Receipt of application
2) Copy of I 485 receipt
3) Front and back copy of current EAD card
4) A copy of the cut out that the current EAD came in
I don't think you need anything else. If you look at it theoretically I-94 and passport, drivers license has nothing to do with an EAD card approval or denial.
more...
ash0210
12-17 09:40 PM
Can any senior Guy/Guru confirm this...
"USCIS have suspended the AC21 act" is it so? And when USCIS suspended AC21?
If u look at the distribution for the fiscal year 2005, EB-2 did not use much of the surplus AC21 numbers. So why is EB2 retrogressed for India and China now. As somebody indicated in other threads, the USCIS may have suspended the AC21 act.
"USCIS have suspended the AC21 act" is it so? And when USCIS suspended AC21?
If u look at the distribution for the fiscal year 2005, EB-2 did not use much of the surplus AC21 numbers. So why is EB2 retrogressed for India and China now. As somebody indicated in other threads, the USCIS may have suspended the AC21 act.
rocky17105
07-28 12:28 AM
Not sure if i cant use the EAD. My lawyer said if USCIS hasnt revoked the EAD it is safe to use it. Currently though I am on H1B which is valid for one more month.
It doesnt make sense to me that i have to pay for USCIS mistake. Would contacting senator/congressman will help?
It doesnt make sense to me that i have to pay for USCIS mistake. Would contacting senator/congressman will help?
more...
cableching
07-16 01:15 PM
Hello,
I got my EAD through my primary Employer. I am currently working on EAD but with a different Employer (NY State Agency) who doesn�t encourage GC processing, so did not file my AC21 and been working for over a year now. I still have good rapport with my primary Employer. Now I am scheduled to go to INDIA for few weeks, my question is " whom should I say is my Employer " if the immigration officer asks me at the port of entry (JFK). Please advise as I will be carrying my current pay stubs.
Thank you
I recently came back on AP through Atlanta. I have changed the employers and have not applied for AC21. In secondary inspections, I was asked about where I work and who sponsored it? I did tell the sponsor as my old employer and for where I work gave current employer's name. It should not be problem entering thru AP. Another person with AP was not even asked any questions and they just stamped it and gave it back.
Also the they were discussing about the combined card for EAD and AP, when they would implement it so that they do not have to stamp and enter the information at several places for AP.
This guy was even strange that, when I gave him two copies of AP, he gave one back and said he needs only one. He just took a copy of it after entering and stamping it.
Strange are the ways they behave. When I entered thru Chicago using AP last year, the officer was praising me for giving him two copies and did not even send me for secondary inspection, as everyone before was only giving him one copy and they were searching their bags for the second copy????
I got my EAD through my primary Employer. I am currently working on EAD but with a different Employer (NY State Agency) who doesn�t encourage GC processing, so did not file my AC21 and been working for over a year now. I still have good rapport with my primary Employer. Now I am scheduled to go to INDIA for few weeks, my question is " whom should I say is my Employer " if the immigration officer asks me at the port of entry (JFK). Please advise as I will be carrying my current pay stubs.
Thank you
I recently came back on AP through Atlanta. I have changed the employers and have not applied for AC21. In secondary inspections, I was asked about where I work and who sponsored it? I did tell the sponsor as my old employer and for where I work gave current employer's name. It should not be problem entering thru AP. Another person with AP was not even asked any questions and they just stamped it and gave it back.
Also the they were discussing about the combined card for EAD and AP, when they would implement it so that they do not have to stamp and enter the information at several places for AP.
This guy was even strange that, when I gave him two copies of AP, he gave one back and said he needs only one. He just took a copy of it after entering and stamping it.
Strange are the ways they behave. When I entered thru Chicago using AP last year, the officer was praising me for giving him two copies and did not even send me for secondary inspection, as everyone before was only giving him one copy and they were searching their bags for the second copy????
belmontboy
01-08 12:49 PM
your wish is my command Master, what can I do for you?
more...
RandyK
07-18 12:55 AM
We should focus our attention on these issues now while everything is hot
GoneSouth
07-05 11:31 PM
then outsourced jobs will come back to USA
Oh? Who are they going to hire? ;)
Oh? Who are they going to hire? ;)
more...
krishnam70
05-05 04:16 PM
I still don't have my GC(based on an Engineering position) but took up a managerial position within the same organization.. IMO, its a risk worth taking.. If I were you, I would take the new position, switch over to EAD and not apply for the H1B extension..
If USCIS issues an RFE asking for 'Continued Employment offer' or Evidence of Employment? or for that matter when he applies for an EAD/AP renewal he needs to support it with a letter of employment from the current employer.
If at any stage USCIS determines the candidate is actually working in a different category that which the LCA was applied for my interpretation is its ground for denial.
I will leave it to the experts to argue the merits or demerits of this
Good luck though
- cheers
kris
If USCIS issues an RFE asking for 'Continued Employment offer' or Evidence of Employment? or for that matter when he applies for an EAD/AP renewal he needs to support it with a letter of employment from the current employer.
If at any stage USCIS determines the candidate is actually working in a different category that which the LCA was applied for my interpretation is its ground for denial.
I will leave it to the experts to argue the merits or demerits of this
Good luck though
- cheers
kris
newbie2020
09-15 03:24 PM
Do u want to do a Conference call instead.....
I can give my conference bridge
Phone #: (218) 339-2626
ID: ??????
Can accomodate 150 ppl
Pls note this is not a Toll free number.
I can give my conference bridge
Phone #: (218) 339-2626
ID: ??????
Can accomodate 150 ppl
Pls note this is not a Toll free number.
more...
vaishnavilakshmi
06-22 11:16 AM
Hi,
U can save the pdf files as u save ur word docs or floppy symbol to the left side on the top bar as u know .But cannot edit the pdf files unless and until u have pdf writer in ur system.
Hope this helps u,
vaishu
U can save the pdf files as u save ur word docs or floppy symbol to the left side on the top bar as u know .But cannot edit the pdf files unless and until u have pdf writer in ur system.
Hope this helps u,
vaishu
bsbawa10
09-06 03:30 PM
Many thanks Americandesi, a very nice list. I want this to keep building up. If we can have specific instances with dates and individual experiences, it can help a lot. Please post
more...
gcpadmavyuh
07-27 12:28 AM
What was the date of I485 approval? And when did the wife's 485 reach USCIS?
My friend has a unique situation. Please help out with your advise.
He had earlier applied for 485 in 2005(before October retrogression) and didnt get a chance to add his wife until the July bulletin(as he got married only after filing 485 and his PD was not current until the July 17th). His wife's application is now filed with the NSC center on 7/19th(didnt recieve the receipt notice yet) as a add-on and as a dependent for his original 485 application(he submitted I-134 affidavit of support along with his wife's application).
Today he got an email update from USCIS confirming that his 485 is approved. Since he doesnt know his wife's 485 status yet, he is not even sure if his wife's application is receipted or acknowledged as a dependent to his application. From Fedex, he can confirm that it reached the Nebraska CIS office on July 19th.
Considering his wife's application did go to the NSC center(7/19) before his 485 is approved(9/26), does this mean his wife is in-status or out-of-status(wife is on H-4 dependent visa). Their were not prepared for this news so soon and hence would appreciate any alternatives they can pursue.
My friend has a unique situation. Please help out with your advise.
He had earlier applied for 485 in 2005(before October retrogression) and didnt get a chance to add his wife until the July bulletin(as he got married only after filing 485 and his PD was not current until the July 17th). His wife's application is now filed with the NSC center on 7/19th(didnt recieve the receipt notice yet) as a add-on and as a dependent for his original 485 application(he submitted I-134 affidavit of support along with his wife's application).
Today he got an email update from USCIS confirming that his 485 is approved. Since he doesnt know his wife's 485 status yet, he is not even sure if his wife's application is receipted or acknowledged as a dependent to his application. From Fedex, he can confirm that it reached the Nebraska CIS office on July 19th.
Considering his wife's application did go to the NSC center(7/19) before his 485 is approved(9/26), does this mean his wife is in-status or out-of-status(wife is on H-4 dependent visa). Their were not prepared for this news so soon and hence would appreciate any alternatives they can pursue.
crzyBanker
08-24 06:03 PM
Applied i140 and 485 on July 2nd and yesterday my i140 got approved. So I guess no need for premium processing now as the process is moving faster.
PD_Dec2002
06-12 07:18 PM
I actually sent evl instead of paystubs. I cant produce paystubs because I am not currently working with them
What is "evl"?
Anyway, it appears you just filed for your I-485 using "evl" or whatever it is that is causing you grief. Well, one "adventurous" option would be that if you just filed for I-485 and your PD is current and your old employer is not revoking the I-140, why don't you ask the new employer to apply for your LC and I-140 and then port the PD from the old employer?
Don't withdraw your existing I-485 until your new LC and I-140 come through. If the PD is current, then withdraw the old I-485 and apply for a new I-485. If the PD is not current, then do nothing and hope you don't get a RFE on the existing I-485.
Thanks,
Jayant
What is "evl"?
Anyway, it appears you just filed for your I-485 using "evl" or whatever it is that is causing you grief. Well, one "adventurous" option would be that if you just filed for I-485 and your PD is current and your old employer is not revoking the I-140, why don't you ask the new employer to apply for your LC and I-140 and then port the PD from the old employer?
Don't withdraw your existing I-485 until your new LC and I-140 come through. If the PD is current, then withdraw the old I-485 and apply for a new I-485. If the PD is not current, then do nothing and hope you don't get a RFE on the existing I-485.
Thanks,
Jayant
TomPlate
07-02 09:49 AM
come once again idily. Sounds to me italy.:mad:
SunnySurya
07-13 12:49 PM
Reading your post, it seems that it is better for me to do nothing (option A).
talk to an attorney.
I have a similar problem with 2 485s, one as primary, one as dependent. The PDs are 18 months apart, and both are not going to be current in August. Had ending up filing both in the July fiasco because both attorneys were dillydallying on filing and we were hoping atleast one gets through, now both did.
My attorney is now advising me NOT to withdraw one on my own, because USCIS in its own confusion might end up withdrawing BOTH petitions. This also happened to someone recently on the forum (I-140 in one case got denied, and all four 485s were denied, without USCIS realizing that 2 were tied to another I-140 which is still around). He believes we will either get an approval outright and the second petition will be automatically nullified, or we'll get an RFE.
talk to an attorney.
I have a similar problem with 2 485s, one as primary, one as dependent. The PDs are 18 months apart, and both are not going to be current in August. Had ending up filing both in the July fiasco because both attorneys were dillydallying on filing and we were hoping atleast one gets through, now both did.
My attorney is now advising me NOT to withdraw one on my own, because USCIS in its own confusion might end up withdrawing BOTH petitions. This also happened to someone recently on the forum (I-140 in one case got denied, and all four 485s were denied, without USCIS realizing that 2 were tied to another I-140 which is still around). He believes we will either get an approval outright and the second petition will be automatically nullified, or we'll get an RFE.
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