Legal_In_A_Limbo
01-14 05:12 PM
I have done it once. It all depends on your relationship with your current employer. If they are ok with it, you shouldnt have any problems.
Assume my husband company doesn't want him to leave.
Then what you say.
When you said u had a good relationship does that mean, you talked to your employer before changing jobs.
Thanks
Assume my husband company doesn't want him to leave.
Then what you say.
When you said u had a good relationship does that mean, you talked to your employer before changing jobs.
Thanks
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pagalForGC
06-17 12:43 PM
Thanks Veni001, I had similar question on premium processing for 1-140, which I believe has been stopped by USCIS since last couple of years.
Also, bnaredla1382 mentioned that he/she has H-1B and is currently working on H1-B, is that a requirement? I do not have H1-B any longer and have been working on EAD since.
Thanks...
My PD is nov 2003 and now I am planing to port my EB3 to EB2.
I need to know the process to do it.
My previous EB3 is with my old employer.
My I-140 approved from my old Employer and applied I-485 in july 2007 and
later in may 2008 I moved to my current company using AC21 and I applied for H1b also.
now I working 6th year on H1B.
And Here are the questions, if I file new labor have:
1). how long will it take to approve?
and once labor approved, for I-140
1). Am I eligible for premium process of I-140.
Also, bnaredla1382 mentioned that he/she has H-1B and is currently working on H1-B, is that a requirement? I do not have H1-B any longer and have been working on EAD since.
Thanks...
My PD is nov 2003 and now I am planing to port my EB3 to EB2.
I need to know the process to do it.
My previous EB3 is with my old employer.
My I-140 approved from my old Employer and applied I-485 in july 2007 and
later in may 2008 I moved to my current company using AC21 and I applied for H1b also.
now I working 6th year on H1B.
And Here are the questions, if I file new labor have:
1). how long will it take to approve?
and once labor approved, for I-140
1). Am I eligible for premium process of I-140.
sk2006
03-01 05:21 PM
Friends,
I have Canada PR since October 2006. In October this year I will complete 3 years since landing in Canada. The rule to maintain PR is that one should live in Canada for at least 2 years in a 5 year period. Since I have not lived in Canada more that a couple of weeks since landing, will I be allowed to move to Canada after completing 3 years outside Canada or will I be sent back from the border? Has anyone moved to Canada after living outside for more than 3 years since landing? Please advise.
Thanks.
Sometime back when I inquired the same, I was told that canada is lenient about this rule and there were instances when people were allowed to come even after staying more than 3 years outside canada but then recently somebody told me that they are becoming more strict now.
I have Canada PR since October 2006. In October this year I will complete 3 years since landing in Canada. The rule to maintain PR is that one should live in Canada for at least 2 years in a 5 year period. Since I have not lived in Canada more that a couple of weeks since landing, will I be allowed to move to Canada after completing 3 years outside Canada or will I be sent back from the border? Has anyone moved to Canada after living outside for more than 3 years since landing? Please advise.
Thanks.
Sometime back when I inquired the same, I was told that canada is lenient about this rule and there were instances when people were allowed to come even after staying more than 3 years outside canada but then recently somebody told me that they are becoming more strict now.
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TomTancredo
01-11 04:21 PM
Clearly Explaining
I am working on Company A in H1B status my GC sponsored Company B for Future Employment and they applied 140 its Approved suddenly dates became current I applied AOS with 140 Approved in July afte that we got our EADS APs FPs all etc. my sponsored employer asked to join then I joined in Company B on EAD status
what ever the payment terms which I discussed within a month he changed his words according to law he only pay salary but I am working on percentage basis I liitle bit fed up with those issues
I stayed with them only one month and one more month
when can I Use AC21 for safe side
Please consult an attorney. Your case is not str8forward. Please be ready to show the documented proof in case of an RFE.
I am working on Company A in H1B status my GC sponsored Company B for Future Employment and they applied 140 its Approved suddenly dates became current I applied AOS with 140 Approved in July afte that we got our EADS APs FPs all etc. my sponsored employer asked to join then I joined in Company B on EAD status
what ever the payment terms which I discussed within a month he changed his words according to law he only pay salary but I am working on percentage basis I liitle bit fed up with those issues
I stayed with them only one month and one more month
when can I Use AC21 for safe side
Please consult an attorney. Your case is not str8forward. Please be ready to show the documented proof in case of an RFE.
more...
avi101
05-31 06:55 PM
From what I remember from my earlier readings, you should be fine. The most they may check again is your employer letter to see that the terms of greencard continue to exist i.e. permanent job with similar job duties as in Original labor.
Also, check the AC21 and I485 forums in immigrationportal.com for more experiences.
http://boards.immigrationportal.com/forumdisplay.php?f=121
Good luck.
Also, check the AC21 and I485 forums in immigrationportal.com for more experiences.
http://boards.immigrationportal.com/forumdisplay.php?f=121
Good luck.
hebbar77
11-18 06:26 PM
its down, so .. so what? how does it matter?
more...
chapper
08-02 01:29 PM
I sent money order for some applications and personal checks for some.
Money Order can be tracked thru' ur bank - call them and ask how. I did and they gave a 1-800 number to call and track - it is an automated system. My money order was thru' Chase Bank
Money Order can be tracked thru' ur bank - call them and ask how. I did and they gave a 1-800 number to call and track - it is an automated system. My money order was thru' Chase Bank
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GC_1000Watt
03-28 01:02 PM
Hi all ,
Me and my husband are planning india trip in jun or july this year for 2-3 weeks.We both need to get our visas stamped in New Delhi .
We are short on time and our native places are far .So to save time and keep the window for passport arrival if approved or any problems ,postal delays..I was thinking to get visa-interview-date the day we land to delhi.
So here is the probelm,travelling with heavy bags ,international baggage is unsafe and difficult.
What would be the travel tips ?
Our plan is-
1.To stay in some hotel in delhi the day we land( if we reach in evening) and go to stamping next day.
Where to stay? Should we go to consulate with all international luggageand directly travel for native or keep in hotel room, come back later for it ,is it safr options?
Traveeling is also difficult
2.Then for there on ,what transport ,bus,delux bus,train ,or flight to take to chandigarh.
what ever is easiest for us ?
For regular bus(i know is pretty fast,5-6 hrs) ,we have to go to ISBT and keep lugaage on top of bus...i dont know about seats...availability .
For deluxe, never travelled so need tips.
Or better to take train ,go to railway station.
I dont know if domestic flgihts allow that much of baggage option, do they allow international luggage ,something like through checkin.
Please throw in your valuable suggestions to make our trip easy and better usage of time.
Hi there!
The biggest challenge for you here would be to get the Visa interview date matching with your travel itinerary. You do not have a real choice in terms of getting Visa interview date of your choice. Also visa dates for July will get open only in June and you probably will book your tickets etc well in advance, and therefore it's kind of difficult to get the Visa interview date as per your schedules.
For baggage thing though, I guess airports have locker facilities available where you can put your luggage.They will charge you on hourly basis. Please find out about that.
Domestic flights will most probably allow you to carry international luggage if you show them your boarding pass/eticket to confirm that you are an international traveler
Good luck!.
Me and my husband are planning india trip in jun or july this year for 2-3 weeks.We both need to get our visas stamped in New Delhi .
We are short on time and our native places are far .So to save time and keep the window for passport arrival if approved or any problems ,postal delays..I was thinking to get visa-interview-date the day we land to delhi.
So here is the probelm,travelling with heavy bags ,international baggage is unsafe and difficult.
What would be the travel tips ?
Our plan is-
1.To stay in some hotel in delhi the day we land( if we reach in evening) and go to stamping next day.
Where to stay? Should we go to consulate with all international luggageand directly travel for native or keep in hotel room, come back later for it ,is it safr options?
Traveeling is also difficult
2.Then for there on ,what transport ,bus,delux bus,train ,or flight to take to chandigarh.
what ever is easiest for us ?
For regular bus(i know is pretty fast,5-6 hrs) ,we have to go to ISBT and keep lugaage on top of bus...i dont know about seats...availability .
For deluxe, never travelled so need tips.
Or better to take train ,go to railway station.
I dont know if domestic flgihts allow that much of baggage option, do they allow international luggage ,something like through checkin.
Please throw in your valuable suggestions to make our trip easy and better usage of time.
Hi there!
The biggest challenge for you here would be to get the Visa interview date matching with your travel itinerary. You do not have a real choice in terms of getting Visa interview date of your choice. Also visa dates for July will get open only in June and you probably will book your tickets etc well in advance, and therefore it's kind of difficult to get the Visa interview date as per your schedules.
For baggage thing though, I guess airports have locker facilities available where you can put your luggage.They will charge you on hourly basis. Please find out about that.
Domestic flights will most probably allow you to carry international luggage if you show them your boarding pass/eticket to confirm that you are an international traveler
Good luck!.
more...
gopikrishnayr
09-07 10:03 AM
Thanks for the advices. I was more worried about any negative issues on my current 485 if I block the payment on my second set of checks. I think USCIS also will be fined if the checks bounce. I called customer support and they told me that the money would not be refundable but you can withdraw your application by writing a letter.
If I do not block my checks my worry is that it might create duplicate cases.
Yes in my second set of application I did mention the reason why I am filing the second time
Hopefully their system will block the entry of my application
If I do not block my checks my worry is that it might create duplicate cases.
Yes in my second set of application I did mention the reason why I am filing the second time
Hopefully their system will block the entry of my application
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rrajendra
08-06 08:57 AM
I processed my visa mid april 2010
more...
larmani
09-17 08:08 PM
We received our receipts on Aug 24 and we haven't got any FP notices. Ours is TSC.
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ras
06-22 04:23 PM
Is getting H1 transfer with extension based on the I 485/I 140 is considered to be using AC21. Does the H1 job description need to be similer to the I140 job description?
In this situation how come H1 description is related to GC job description. AC21 only says that one can get H1 extension based on a pending GC application. But does the job need to be same/similer?
In this situation how come H1 description is related to GC job description. AC21 only says that one can get H1 extension based on a pending GC application. But does the job need to be same/similer?
more...
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k_usa
08-23 08:19 PM
If you do not get an infopass, you can put your home zipcode to a different one and try so it will search the nearest ASC.
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gauravster
04-22 11:07 AM
What I say should not be construed as any form of legal advice but based on what I know I list the following things.
1. Most likely if you are in EB3, your labor PERM application would have only required things that qualify you for EB3. So the same labor cannot be used to file for EB2.
2. You should go ahead and file for I-140. It is imperative that you be employed in the same/similar job as your EB3 application when I-140 is filed for, in case there is an RFE (request for evidence).
3. Once your I-140 is approved, I think you get some flexibility in moving within the organization and you could be moved to a role with different job requirements. These job requirements might qualify you for a EB2 job role. You can then file for a EB2 labor PERM(job postings, application etc). Once this labor is approved, when you file the I-140 for this, you can ask that the priority date be ported. Most certainly there will be an RFE for this I-140 application. Some employer attroneys (esp those conservative) require that for new Labor to be filed, your job role must be more than 50% different to be justified in case of a RFE.
Step 3 might also require an amendment to your H1B. I am not very sure about how exactly this goes. Potentially, I think you can also change employer and apply again from new employer as long as the I-140 is not revoked by the previous employer.
I hope this helps.
Cheers,
Gaurav
Hi, I just got my LC approved after about 7 months of waiting as EB3, My PD is Sep 08. Its now time to start filing for the I-140, what can I do to port my EB3 to EB2? (I'm from Europe and I have 6 years of work experience and a MS Finance degree from a US university).
Do I need to "change" job within my company?
Do I need to redo all the work (job postings, PERM application etc) even that I have my LC approved?
1. Most likely if you are in EB3, your labor PERM application would have only required things that qualify you for EB3. So the same labor cannot be used to file for EB2.
2. You should go ahead and file for I-140. It is imperative that you be employed in the same/similar job as your EB3 application when I-140 is filed for, in case there is an RFE (request for evidence).
3. Once your I-140 is approved, I think you get some flexibility in moving within the organization and you could be moved to a role with different job requirements. These job requirements might qualify you for a EB2 job role. You can then file for a EB2 labor PERM(job postings, application etc). Once this labor is approved, when you file the I-140 for this, you can ask that the priority date be ported. Most certainly there will be an RFE for this I-140 application. Some employer attroneys (esp those conservative) require that for new Labor to be filed, your job role must be more than 50% different to be justified in case of a RFE.
Step 3 might also require an amendment to your H1B. I am not very sure about how exactly this goes. Potentially, I think you can also change employer and apply again from new employer as long as the I-140 is not revoked by the previous employer.
I hope this helps.
Cheers,
Gaurav
Hi, I just got my LC approved after about 7 months of waiting as EB3, My PD is Sep 08. Its now time to start filing for the I-140, what can I do to port my EB3 to EB2? (I'm from Europe and I have 6 years of work experience and a MS Finance degree from a US university).
Do I need to "change" job within my company?
Do I need to redo all the work (job postings, PERM application etc) even that I have my LC approved?
more...
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smartboy75
10-17 03:51 PM
interesting. but it still does not answer one question: What happens if you continue working on H1B for primary employer per guidelines of I-129 petition (ie. 40 hours a week) and then use EAD to work part-time for someone else.
Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer
My personal opinion is as below
Why risk GC by working on EAD part-time ?? Since there is no consensus among lawyers themselves and assuming this is a gray area with USCIS, I would suggest lets not risk ...better late than sorry ...
My 2 cents..
Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer
My personal opinion is as below
Why risk GC by working on EAD part-time ?? Since there is no consensus among lawyers themselves and assuming this is a gray area with USCIS, I would suggest lets not risk ...better late than sorry ...
My 2 cents..
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vinabath
04-07 11:07 AM
Thanks to all Guys. I stayed with my current and first employer for almost 6 years and paid my H1 dues. Now comes the freedom from immigration process. I am very happy that my wife will not be in limbo status if something happens to me.
I hope you guys will reach your destination too.
I hope you guys will reach your destination too.
more...
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chanduv23
10-13 08:55 AM
This is an excellent piece of article and the comments are even better. Very good work Jaime.
It is my observation that when we do Google search for a topic on immigration, if our search words match with the titles of our posts in any thread, the serach shows our threads. I observed this with my "AC21 Update" post. Now when I do Google search on words "AC21 Update" the first result displayed is my thread. :)
That means if we cleverly design our thread titles, our threads would be displayed in many Google searches. If this is the observation of all members, would all of you be careful to attach a smart title to your thread? Can all the members be made aware of this fact?
May be I am repeating something that is already discussed, but still.........
__________________________________________________ _________
Contributions so far $600+
and continuing $20 per month
I noticed this too. It is a wonderful idea to title threads appropriately
It is my observation that when we do Google search for a topic on immigration, if our search words match with the titles of our posts in any thread, the serach shows our threads. I observed this with my "AC21 Update" post. Now when I do Google search on words "AC21 Update" the first result displayed is my thread. :)
That means if we cleverly design our thread titles, our threads would be displayed in many Google searches. If this is the observation of all members, would all of you be careful to attach a smart title to your thread? Can all the members be made aware of this fact?
May be I am repeating something that is already discussed, but still.........
__________________________________________________ _________
Contributions so far $600+
and continuing $20 per month
I noticed this too. It is a wonderful idea to title threads appropriately
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chanduv23
06-12 04:30 PM
This is my first post, so bear with me.
I also got a Status Update message via email from USCIS. I think the lawyer will be getting the papers in mail next week.
Seems like USCIS has started sending RFE for a lot of us, who have been waiting for a long time. What might be the reason for this. I heard from some of my friends that they are pre-adjucating the cases so that when the visa dates are available, they can process faster, but I also wonder if they are doing it so that they can drop some cases who do NOT reply to their RFE (similar to what happenned with Backlog Elimination Center and 45 day letters).
It is called "two birds in one shot". Pre-adjudication and pre-rejection.
And yes, the reason why most people get RFEs is because the records may not be available properly due to clerical issues.
Preadjudication follows these guidlines
(1) If it is deniable - can some reason be found to deny this case? Deny it - can be resolved thropugh MTR
or
(2) Is it RFEable - can we issue a standardRFE for this case? - Issue RFE
or
Preadjudicate it and keep it ready for visa allocation.
I also got a Status Update message via email from USCIS. I think the lawyer will be getting the papers in mail next week.
Seems like USCIS has started sending RFE for a lot of us, who have been waiting for a long time. What might be the reason for this. I heard from some of my friends that they are pre-adjucating the cases so that when the visa dates are available, they can process faster, but I also wonder if they are doing it so that they can drop some cases who do NOT reply to their RFE (similar to what happenned with Backlog Elimination Center and 45 day letters).
It is called "two birds in one shot". Pre-adjudication and pre-rejection.
And yes, the reason why most people get RFEs is because the records may not be available properly due to clerical issues.
Preadjudication follows these guidlines
(1) If it is deniable - can some reason be found to deny this case? Deny it - can be resolved thropugh MTR
or
(2) Is it RFEable - can we issue a standardRFE for this case? - Issue RFE
or
Preadjudicate it and keep it ready for visa allocation.
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thomachan72
01-12 08:28 AM
:p
Call me superstitious but just wanted to kick off this thread again in the hope that this miracle will repeat this year. I have a gut feeling 2011 will bring that magic moments again.
Hi Floridasun, hope your superstition pulls off a miracle!!
If it does I would strongly adivce you to purchase a lottery ticket :):):)
Call me superstitious but just wanted to kick off this thread again in the hope that this miracle will repeat this year. I have a gut feeling 2011 will bring that magic moments again.
Hi Floridasun, hope your superstition pulls off a miracle!!
If it does I would strongly adivce you to purchase a lottery ticket :):):)
akhilmahajan
06-27 10:09 AM
SOMEONE PLEASE ADVISE!!!!
You cna do a FOIA.
It takes quite some time, but a lot of people have been able to get what they have been looking for.
I hope this helps.
You cna do a FOIA.
It takes quite some time, but a lot of people have been able to get what they have been looking for.
I hope this helps.
richana
02-12 10:29 PM
Yes, it is called the 10 year law.
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