ras
06-17 01:15 PM
Employer A:
-Currently on their H1 (6th year fag end) and with an ongoing 485 proces 180 days passed.
-Employer A is threatening to withdraw the I 140 if I move out from their company.
Employer B:
-Fortune Client where am currently working as a contractor
-B is filing my H1 and would be offering me to use H1 or AC 21 to port to their company.
I am transferring to company B upon H1 extension approval and then later use AC 21 when ever required.
However, before I use AC 21, if the approved I 140 is revoked, am I still eligible to use AC 21?
Does revoking I 140 by the employer after I 140 approval has any effect if I dont use AC 21 prior to revoking?
-Currently on their H1 (6th year fag end) and with an ongoing 485 proces 180 days passed.
-Employer A is threatening to withdraw the I 140 if I move out from their company.
Employer B:
-Fortune Client where am currently working as a contractor
-B is filing my H1 and would be offering me to use H1 or AC 21 to port to their company.
I am transferring to company B upon H1 extension approval and then later use AC 21 when ever required.
However, before I use AC 21, if the approved I 140 is revoked, am I still eligible to use AC 21?
Does revoking I 140 by the employer after I 140 approval has any effect if I dont use AC 21 prior to revoking?
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pwright
09-20 12:51 PM
Hi all,
I have been stuck in the name-check nightmare for almost 2 years now and looking to join a class-action with other people. Can anybody direct me??
Thanks
I have been stuck in the name-check nightmare for almost 2 years now and looking to join a class-action with other people. Can anybody direct me??
Thanks
chi_shark
06-17 12:54 PM
Chi_shark for your response.
According to my lawyer, I can go on vacation (paid or unpaid) during the gap.
Thanks
thats good... thanks for the update, i would not mind going on a 7 day vacation myself if i come to your situation... enjoy yours.
According to my lawyer, I can go on vacation (paid or unpaid) during the gap.
Thanks
thats good... thanks for the update, i would not mind going on a 7 day vacation myself if i come to your situation... enjoy yours.
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somegchuh
11-01 05:53 PM
Can someone here on this forum list down all the documents that are required to file 140 and 485. Or if this has been discussed in a thread can you please point me to the right forum?
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HopefulNomad
12-19 02:09 PM
I just called Sen. Cornyn's office.
A person actually picks up. He will ask you for your zipcode.
I told him that I'm in support of his SKIL Bill.
And he says that he will pass it on to the Senator.
It is this simple. I hope all our members can also just quickly give him a call. It only takes a minute!:)
A person actually picks up. He will ask you for your zipcode.
I told him that I'm in support of his SKIL Bill.
And he says that he will pass it on to the Senator.
It is this simple. I hope all our members can also just quickly give him a call. It only takes a minute!:)
HV000
04-07 10:39 AM
Just got it. Right now.Thanks guys.
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Approval notice sent.
On April 7, 2008, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
GOOD. Go get a massage!! :)
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Approval notice sent.
On April 7, 2008, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
GOOD. Go get a massage!! :)
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ksvreg
09-25 03:02 PM
You are eligible for H1 extension, though you may need visa stamp and re-entry to be back in H1 status. In such cases, one gets H1 extension approval without new I-94. That's why person needs to get new stamp and re-entry.
*** Not a legal advise ***
____________________________________
Proud Indian-American and Legal Immigrant
Thanks a lot for the information. I understood now how that works after H1B is approved and also to come into H1B status. So, If I apply for H1B extension, Will USCIS expect I-94 which is not older than 6 months or something like that?
*** Not a legal advise ***
____________________________________
Proud Indian-American and Legal Immigrant
Thanks a lot for the information. I understood now how that works after H1B is approved and also to come into H1B status. So, If I apply for H1B extension, Will USCIS expect I-94 which is not older than 6 months or something like that?
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addsf345
12-05 10:46 AM
how wld I know abt all these codes..
do I need to ave access to my approved labour?..
my approved 140 doesn't have much details abt the proposed job instead it's is written as see labour for job requirements...
so where wld I get these codes?
It was given on LC copy. Also, some one last year posted a URL to DOL website where all the LC in each particular year where published as a part of public disclosure. I could actually found mine with my company name, date, salary and some guestmates. I will post the URL if I can find it back.
do I need to ave access to my approved labour?..
my approved 140 doesn't have much details abt the proposed job instead it's is written as see labour for job requirements...
so where wld I get these codes?
It was given on LC copy. Also, some one last year posted a URL to DOL website where all the LC in each particular year where published as a part of public disclosure. I could actually found mine with my company name, date, salary and some guestmates. I will post the URL if I can find it back.
more...
frostrated
08-18 12:56 PM
Well if it is clearly mentioned in the offer letter that Employer will cover the GC cost, then isnt the employer supposed to pay for it irrespective of when the labor was filed. It was filed in 2006.
Btw, i am on AOS if that is what was meant from my legal status..
Thanks for all the responses to my thread so far..
The employer can change the contents of the offer, as long as it does not affect the job functions. GC is just a by-product of the job offer. Since you no longer work for the employer, you do not have any basis for recouping the costs. If you are in AOS status, it requires that there by an underlying immigrant petition by an employer. In your case, the employer on your petition no longer employs you, and therefore, if you go by the book, you are not in legal status. Rather than try to get money from your old employer, I'd suggest that you look for an employer who will take over your GC process. If you keep pestering your prior employer, they can revoke your I-140, which then invalidates your EAD and your I-485 application. So tread with care.
Btw, i am on AOS if that is what was meant from my legal status..
Thanks for all the responses to my thread so far..
The employer can change the contents of the offer, as long as it does not affect the job functions. GC is just a by-product of the job offer. Since you no longer work for the employer, you do not have any basis for recouping the costs. If you are in AOS status, it requires that there by an underlying immigrant petition by an employer. In your case, the employer on your petition no longer employs you, and therefore, if you go by the book, you are not in legal status. Rather than try to get money from your old employer, I'd suggest that you look for an employer who will take over your GC process. If you keep pestering your prior employer, they can revoke your I-140, which then invalidates your EAD and your I-485 application. So tread with care.
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student79
03-27 09:54 AM
Hello,
Please advise me on the following !!
I am on H1B My wife is on H4 Visa and she is planning to do her further study for 2 yrs, and I have following questions in this regard.
1. How difficult it is to transfer from H4 to F1 visa, do I need help of Lawer or we can do it by our own ?
2. To transfer from H4 to F1 do I need to show 100% fee available in my account ?
3. Her course/study is of 2 years, is it sufficient if I show 1 yr fee in my account at the time of F1 transfer ?
4. If I dont have 100% fee, my parents can help me, but what document I need to get from them from India ?
Thanks
Please advise me on the following !!
I am on H1B My wife is on H4 Visa and she is planning to do her further study for 2 yrs, and I have following questions in this regard.
1. How difficult it is to transfer from H4 to F1 visa, do I need help of Lawer or we can do it by our own ?
2. To transfer from H4 to F1 do I need to show 100% fee available in my account ?
3. Her course/study is of 2 years, is it sufficient if I show 1 yr fee in my account at the time of F1 transfer ?
4. If I dont have 100% fee, my parents can help me, but what document I need to get from them from India ?
Thanks
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sprash
02-04 05:55 PM
its good you have your backup plan. My case was very similar to yours. I had applied for my AP simultaneously with my wife. While my wife got hers in 2 months, mine was gathering dust. I had to write to the ombudsman to get some action on my case after 4 months had passed. Finally I saw a few LUDs and it turned out to be an RFE!!!! They said I didn't include photos, which clearly wasn't true. They had probably lost my photos. So I resent my photos and included the overnight envelopes. They approved my AP, but still chose to send it by USPS. Pretty aggravating.
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wandmaker
10-22 10:04 PM
Guys,
Here is a hypo situation, which I am sure we will be interested to know.,
What happens to a Wife's status on EAD, if the husband's 485 is in trouble, when both are working on EADs. Isnt her case independent once she also applied for 485/AP/EAD, or will there be a dependency,
Thanks
If she has filed 485 as a dependent then she is a dependent though out the process. Once you are in trouble and 485 gets declined - hers also invalid. Both will be illegal!!!
Here is a hypo situation, which I am sure we will be interested to know.,
What happens to a Wife's status on EAD, if the husband's 485 is in trouble, when both are working on EADs. Isnt her case independent once she also applied for 485/AP/EAD, or will there be a dependency,
Thanks
If she has filed 485 as a dependent then she is a dependent though out the process. Once you are in trouble and 485 gets declined - hers also invalid. Both will be illegal!!!
more...
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snram4
01-09 07:49 PM
First of all CIR means it will take care of potential immigrants at the same time gives protection to US workers. Everyone thinks that CIR is just giving benefit for illegal and legal immigrants. But american people wanted both ways. For legailizing illegal immigrants people want future illegal immigration should be stopped that is enforcement. Pro immigrants does not like enforcement even after legailizing 12 million illegal immigrants and trying to dilute and also by putting the condition that we need more guest workers also.
Similarly our legal immigrants group want unlimited H1b and green card. They do not care about past american workers. Lawyers want more business and Corporations want easy access to low paid and highly intelligent and young workers and will be interested in getting rid of high paid persons. So they are making a big noise even because of H1B restriction though there are so many benefits in EB reform in Guitierez Bill. Because of H1b restriction only low paid H1bs and also bodyshoppers will be impacted. Really high skilled people will not have any impact as all of the restrictions can be easily met by them.
this is a fair analysis..... gutierrez doesn't care for anyone as long as there is a provision for legalization...... he doesn't care for family unity either.... he just wants "legalization"...... but he could have done this without walking on me & beating me down.... in that sense it could it be interpreted that gutierrez is a jerk.... & like grassley..... he hates people like us.....
Similarly our legal immigrants group want unlimited H1b and green card. They do not care about past american workers. Lawyers want more business and Corporations want easy access to low paid and highly intelligent and young workers and will be interested in getting rid of high paid persons. So they are making a big noise even because of H1B restriction though there are so many benefits in EB reform in Guitierez Bill. Because of H1b restriction only low paid H1bs and also bodyshoppers will be impacted. Really high skilled people will not have any impact as all of the restrictions can be easily met by them.
this is a fair analysis..... gutierrez doesn't care for anyone as long as there is a provision for legalization...... he doesn't care for family unity either.... he just wants "legalization"...... but he could have done this without walking on me & beating me down.... in that sense it could it be interpreted that gutierrez is a jerk.... & like grassley..... he hates people like us.....
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gparr
July 14th, 2006, 07:00 AM
I have reported the promotional post to Steve and I'm sure he'll remove it when he gets a chance.
Thanks Josh. I'd forgotten about this thread. It's about time for spider plants to bloom again. I'll have to find some and see if I can get some better images.
Gary
Thanks Josh. I'd forgotten about this thread. It's about time for spider plants to bloom again. I'll have to find some and see if I can get some better images.
Gary
more...
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rajeshalex
03-17 11:06 PM
This is normal. Preliminary processing means all documents are there and looks good. It doesnt mean it is complete. My wifes appln has been moved to MO with same message and I am the primary applicant. I got a mail yesterday saying my appln has been moved to a local office for interview.
So the above means nothing but it looks good.
So the above means nothing but it looks good.
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mariner5555
05-15 11:32 PM
wow ..so I guess there is hope :)
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Sreeshankar
01-25 08:43 AM
Hello friends;
Need some information on studies while on EAD. I am a EB3 (Aug 2004) and so my daughter too. She is in final year of her graduation and applying for Med schools after a competitive score in MCATs. Got a rejection from Arkansas college as she is not a GC holder yet. So I was wondering if anyone studying medicine on EAD?
Most of the colleges wont say about eligibility while applying and the application does not have a immigration category for AOS, it has Dependent, F1, GC and others. We had to go with Others option, ofcourse specified about AOS in rermarks.
Thanks in advance for sharing any information
Venu
Greetings,
Please read the information in the link (from Attorney Murthy forum) below. There are some pointers/indications in it. ( I truly hope I have not infringed any copy right or rules of posting the link here).
which medical school in USA gives admission while 485 pending? - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=3711022771)
Need some information on studies while on EAD. I am a EB3 (Aug 2004) and so my daughter too. She is in final year of her graduation and applying for Med schools after a competitive score in MCATs. Got a rejection from Arkansas college as she is not a GC holder yet. So I was wondering if anyone studying medicine on EAD?
Most of the colleges wont say about eligibility while applying and the application does not have a immigration category for AOS, it has Dependent, F1, GC and others. We had to go with Others option, ofcourse specified about AOS in rermarks.
Thanks in advance for sharing any information
Venu
Greetings,
Please read the information in the link (from Attorney Murthy forum) below. There are some pointers/indications in it. ( I truly hope I have not infringed any copy right or rules of posting the link here).
which medical school in USA gives admission while 485 pending? - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=3711022771)
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gc_in_30_yrs
01-22 06:59 PM
"thank you" looks a small word but it is the only word i have to convey my thanks.
fighters wont stop fighting until they win.
we are fighters.
fighters wont stop fighting until they win.
we are fighters.
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Nabeel
01-29 10:42 AM
TSC Update - January 2010
The Texas Service Center (TSC) provided updated information on their caseload and other important matters in a meeting with the American Immigration Lawyers Association (AILA) liaison. The responses to questions, posed to TSC several months earlier, were released in late January 2010
The TSC reports that most of their pending I-485s have been pre-adjudicated. This means that the I-485 application has been reviewed and is simply awaiting availability of an immigrant visa number. These applications may have received requests for evidence (RFEs) if they required any documents or updated information for the pre-adjudication process
EAD and AP Processing Time within 60 Days
TSC reports a goal of adjudicating advance parole (AP) and employment authorization document (EAD) requests within 50 to 55 days. It notes there was a period during which EAD processing was slowed, and 15-20 percent of the cases were not adjudicated in 90 days. TSC states that this has been addressed, and it is expected that processing goals will be met or exceeded.
Source- Murthy.com
The Texas Service Center (TSC) provided updated information on their caseload and other important matters in a meeting with the American Immigration Lawyers Association (AILA) liaison. The responses to questions, posed to TSC several months earlier, were released in late January 2010
The TSC reports that most of their pending I-485s have been pre-adjudicated. This means that the I-485 application has been reviewed and is simply awaiting availability of an immigrant visa number. These applications may have received requests for evidence (RFEs) if they required any documents or updated information for the pre-adjudication process
EAD and AP Processing Time within 60 Days
TSC reports a goal of adjudicating advance parole (AP) and employment authorization document (EAD) requests within 50 to 55 days. It notes there was a period during which EAD processing was slowed, and 15-20 percent of the cases were not adjudicated in 90 days. TSC states that this has been addressed, and it is expected that processing goals will be met or exceeded.
Source- Murthy.com
victory123
05-15 01:17 PM
Hi Saigc,
Same thing, my 485 is pending at TSC, and I used AC21 in Feb 08, saw few LUDS after that and since then no movement on 485, for 140 I haven't called USCIS, these days they are sending rfe's for no reason and hence I am keeping quiet, also for 140 there is nothing we could much, i spoke to my lawyer and he also said the same, only your old employer can talk to them, if we call uscis they won't tell you anything as we are not the employer, so keeping my fingers crossed and praying that its only a file cleanup, may be in Oct when dates are available they may send you , me and all others waiting desparately a GC, small ray of hope..god bless us all..if anything changes I'll keep you posted on my side..
Cheers
Same thing, my 485 is pending at TSC, and I used AC21 in Feb 08, saw few LUDS after that and since then no movement on 485, for 140 I haven't called USCIS, these days they are sending rfe's for no reason and hence I am keeping quiet, also for 140 there is nothing we could much, i spoke to my lawyer and he also said the same, only your old employer can talk to them, if we call uscis they won't tell you anything as we are not the employer, so keeping my fingers crossed and praying that its only a file cleanup, may be in Oct when dates are available they may send you , me and all others waiting desparately a GC, small ray of hope..god bless us all..if anything changes I'll keep you posted on my side..
Cheers
kondur_007
10-16 04:10 PM
My current employer gurantee that he will not withdraw I-140. I also talked to lawyer and she said it is individual choice but it is always good to let USCIS know since your case is pending..
However, I am little nervous since I heard that USCIS is rejecting I-485 for straight forward AC21 cases. Can't really think which way should go?
Thank you for your replies and interest.
If you do not plan to return to the original employer after GC approval; you have to use AC 21. (otherwise it will be problem in future).
However, "using AC21" does not require you to send anything to USCIS (although you CAN send); what would be needed at minimum is some documentation that justifies the "same or similar" occupation and wages. Now you can have this documentation with your lawyer and never send it to USCIS (unless asked for) or you can file it with USCIS (and in that case it gets lost in 90% cases as their mailroom does not know what to do with it). Having this documentation will help you in future if there is a question why you did not work for the sponsoring employer after GC approval.
See my comments in following thread as well:
http://immigrationvoice.org/forum/showthread.php?t=22051
Hope this clarifies things.
Good Luck.
However, I am little nervous since I heard that USCIS is rejecting I-485 for straight forward AC21 cases. Can't really think which way should go?
Thank you for your replies and interest.
If you do not plan to return to the original employer after GC approval; you have to use AC 21. (otherwise it will be problem in future).
However, "using AC21" does not require you to send anything to USCIS (although you CAN send); what would be needed at minimum is some documentation that justifies the "same or similar" occupation and wages. Now you can have this documentation with your lawyer and never send it to USCIS (unless asked for) or you can file it with USCIS (and in that case it gets lost in 90% cases as their mailroom does not know what to do with it). Having this documentation will help you in future if there is a question why you did not work for the sponsoring employer after GC approval.
See my comments in following thread as well:
http://immigrationvoice.org/forum/showthread.php?t=22051
Hope this clarifies things.
Good Luck.
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