jcrajput
10-16 04:20 PM
Thanks so much for your reply. I think it will always a good idea to keep USCIS inform about your working condition since this is 'Employment based' case.
For AC21 I think I will need to match following:
1. New employment letter which should describe duties which 'must' be same or similar to what was mentioned in my labor certificate.
2. Start date/salary/position title
3. Any Benefits if provided.
Do I need any document from sposerer employer? Do I need anything else?
Thank you and I appriciate your help.
For AC21 I think I will need to match following:
1. New employment letter which should describe duties which 'must' be same or similar to what was mentioned in my labor certificate.
2. Start date/salary/position title
3. Any Benefits if provided.
Do I need any document from sposerer employer? Do I need anything else?
Thank you and I appriciate your help.
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pmgthj
03-13 09:53 PM
Please help! My I-485 was denied by a local USCIS officer because of visa availability. My case is EB2 PERM based and I filed I-485 in July 2007 when the visa number was available.
Apparently USCIS made a mistake if they have any knowledge of the wellknown visa bulletin fiasco of July 2007 (Visa bulletiin No. 107). What should I do to correct this? If I file a motion to reopen (MTR), it will cost me $1500 legal fee+$585 filing fee. Any suggestions are really appreciated.
Here is what it said:" At the time you filed your I-485, the Visa Bulletin of the Department of State provided that the employment based visas were unavailable for persons in your category. Section 245.2 of title 8 of the Code of Regulations (CFR) states, in part:'an immigration visa must be immediately available in order for an alien to properly file an adjustment application under section 245 of the Act," ...
Apparently USCIS made a mistake if they have any knowledge of the wellknown visa bulletin fiasco of July 2007 (Visa bulletiin No. 107). What should I do to correct this? If I file a motion to reopen (MTR), it will cost me $1500 legal fee+$585 filing fee. Any suggestions are really appreciated.
Here is what it said:" At the time you filed your I-485, the Visa Bulletin of the Department of State provided that the employment based visas were unavailable for persons in your category. Section 245.2 of title 8 of the Code of Regulations (CFR) states, in part:'an immigration visa must be immediately available in order for an alien to properly file an adjustment application under section 245 of the Act," ...
yibornindia
11-19 06:02 PM
Co-sufferers,
Due to our enemy#1 - Mr.Retrogression :eek: and the current state of economy, so many of us have used or will be using (willingly or not) AC-21 provision soon. I am wondering if you have seen cases denied solely due to AC-21?
There are other threads for wrong denials due to employer invoking an approved I-140 after 180 days of filling 485. However this is to discuss the ultimate outcome of the case, as the above CIS mistake can be revoked using an MTR. What could be the other reasons? Historically? Statistics?
I have personally met some people who used AC-21 and all of them have their 485 approved.:rolleyes: So please share more details if you have gone through this pain, or know someone. Knowing what went wrong can help all of us others to watch out for such mistakes.:confused:
Thanks all for sharing.:)
Due to our enemy#1 - Mr.Retrogression :eek: and the current state of economy, so many of us have used or will be using (willingly or not) AC-21 provision soon. I am wondering if you have seen cases denied solely due to AC-21?
There are other threads for wrong denials due to employer invoking an approved I-140 after 180 days of filling 485. However this is to discuss the ultimate outcome of the case, as the above CIS mistake can be revoked using an MTR. What could be the other reasons? Historically? Statistics?
I have personally met some people who used AC-21 and all of them have their 485 approved.:rolleyes: So please share more details if you have gone through this pain, or know someone. Knowing what went wrong can help all of us others to watch out for such mistakes.:confused:
Thanks all for sharing.:)
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sreeni.k
07-23 12:50 PM
Not sure what exactly your objective is but usually the severence package is pretty good with big employers- why get paranoid and loose all that money especially when it is something you worked hard to earn. For somebody with 6 years experiance it shouldnt be that difficult to find a job. I say be confident complete your job and go for new job. If your transfer of I485 gets denied what the heck you got H1B and if not homeland india with bunch of money you saved up :). Some times the question should be asked "is it worth it?"
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admin
03-28 10:22 AM
ragz4u,
I was watching C-span fully. I did not see any amentments to instate Ac21 provision to eliminate hard country quota. Is there any update? Is there any possibilty for amendment from any senatore in floor discussion? Please post the procedings in this issue, as I feel this may be ignored by senaters due to the controversial guest worker program.
By the way is there any differnce between 202a3 and 202a5?
Ramba,
We're definitely working on this issue and I am sorry that I am not able to go into further details.
202(a)(3) clubs the excess quota for EB and FB together and hence excess EB numbers flow over to FB and vice Versa, which is different from 202(a)(5) which asks for applying the excess quota within a EB cateogry itself.
I was watching C-span fully. I did not see any amentments to instate Ac21 provision to eliminate hard country quota. Is there any update? Is there any possibilty for amendment from any senatore in floor discussion? Please post the procedings in this issue, as I feel this may be ignored by senaters due to the controversial guest worker program.
By the way is there any differnce between 202a3 and 202a5?
Ramba,
We're definitely working on this issue and I am sorry that I am not able to go into further details.
202(a)(3) clubs the excess quota for EB and FB together and hence excess EB numbers flow over to FB and vice Versa, which is different from 202(a)(5) which asks for applying the excess quota within a EB cateogry itself.
aj_jadeja
09-20 04:25 PM
the link wouldn't have helped ya
coz the link would also show the same date.
Regardless of i clickin on the emergency or the normal link i always got the same date :eek: :eek: :eek: :eek:
so decided not to travel:(
now days there is 'Returning Workers quota' in VFS and US embassy. visit VFS in person and take advantage of that process.
cheers
coz the link would also show the same date.
Regardless of i clickin on the emergency or the normal link i always got the same date :eek: :eek: :eek: :eek:
so decided not to travel:(
now days there is 'Returning Workers quota' in VFS and US embassy. visit VFS in person and take advantage of that process.
cheers
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baskarans
10-08 02:15 PM
PIO card is valid for 15 years and no need to apply for visa every time you go. You just present it with the passport when entering/departing in India. it takes about 20 days to get it they say 15 working days which is about 3 weeks. if you do in person they will check all documents and let you know if there is some thing wrong so you can correct it and submit it and no issues when issuing. they give you date to pick up or even you can ask them to mail back for 15$. i would say get poi if you have time and also if you are local do pio if you are not getting it by the time of travel you can always go and get visa the same day. http://www.cgisf.org/ is the sfo counslate website can get all the infor and download application there. even you can email them they are very prompt in replying you will get a reply the next day if you have any questions
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suny_saini
07-22 11:41 PM
plzzz i need more satisfication and help and suggestions........
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gcisadawg
06-25 11:05 PM
Hi,
I have posted the same issue in another thread but i did not get any response So I'm changing the title and reposting.
I have been working for my current employer from last 4 years.I have good relations with my employer.I have 140 approved and my 485 is pending for more than 180 days.Now I want to join any new employer using my EAD.But I don't want to invoke AC 21.If my dates are current again and if i get any RFE I will submit the offer letter from my old employer.
My case is I'm using EAD after 140 is approved and 485 is pending more than 180 days and joining a new employer.As GC is future employment I can always say that I will join my old employer when ever i get a GC.This way I can avoid AC 21. Also If my employer doesn't give me the offer letter I can still manage to get it from any Consulting firm with same job title and same salary.
Can any one suggest me on this?
Thanks
h12gc
Although you dont realize, in this case, you would be using AC21....Your I-140 is approved and I-485 pending for 180 days, and you are moving from your original GC sponsor to a different employer. That is AC21 for you! The part of law that allows you to port your GC from original GC sponsor to a different employer.
Think of this scenario. You work for Company A on H1/L1. Company B sponsors your GC. You join B after you get your GC. In this case, there is no Ac21 involved. But in your case, according to my understanding, you would be invoking AC21.
Thanks!
I have posted the same issue in another thread but i did not get any response So I'm changing the title and reposting.
I have been working for my current employer from last 4 years.I have good relations with my employer.I have 140 approved and my 485 is pending for more than 180 days.Now I want to join any new employer using my EAD.But I don't want to invoke AC 21.If my dates are current again and if i get any RFE I will submit the offer letter from my old employer.
My case is I'm using EAD after 140 is approved and 485 is pending more than 180 days and joining a new employer.As GC is future employment I can always say that I will join my old employer when ever i get a GC.This way I can avoid AC 21. Also If my employer doesn't give me the offer letter I can still manage to get it from any Consulting firm with same job title and same salary.
Can any one suggest me on this?
Thanks
h12gc
Although you dont realize, in this case, you would be using AC21....Your I-140 is approved and I-485 pending for 180 days, and you are moving from your original GC sponsor to a different employer. That is AC21 for you! The part of law that allows you to port your GC from original GC sponsor to a different employer.
Think of this scenario. You work for Company A on H1/L1. Company B sponsors your GC. You join B after you get your GC. In this case, there is no Ac21 involved. But in your case, according to my understanding, you would be invoking AC21.
Thanks!
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Canadianindian
07-14 09:24 AM
It will update on a daily basis..So please keep posting your signatures
Signed and emailed to 10 friends
Signed and emailed to 10 friends
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spaceguy
02-18 10:00 AM
I think you are in H1 status now. When your Passport is stamped with H4 then your status will be changed to H4. If you want to work again then you need to change again to H1 with change of status
Does it come under new H1b quota ? Does it treated under cap and Does she/he need to wait for April to file for Change of status again? Any ideas?
Does it come under new H1b quota ? Does it treated under cap and Does she/he need to wait for April to file for Change of status again? Any ideas?
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rameshvaid
04-09 07:32 PM
Thanks Bytes4lunch for your input. I do not have AP also and am at their mercy now.
Lets hope for the best.
Thanks anyway
Ramesh
Lets hope for the best.
Thanks anyway
Ramesh
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venky08
12-06 11:35 PM
three words dude:
FIRE YOUR LAWYER:D
seriously,
you can apply for h1-b for 3 years after i-140 gets approved if you are from oversubscribed countries. in the cover letter to USCIS for the h1 extension, ask them to refer to rule #104 (or something) of USCIS which allows you to file the extension after six years.
do a google search on rule 104 or somebody else can help you out with this
Hello,
My apologies upfront if I am posting this in the wrong thread.
I am currently working on an H1B which expires in Jan 08. My question is regarding H1B extension beyond the 6yr limit. Is it possible to get an extension for my H1B (7.5 yrs completed) even after having filed my I-485 (I was able to file 485 in July of this year)?
As per my lawyer, if for some reason, my EAD renewal next year is delayed or the new card not delivered on time, I will not be allowed to work though I will not be illegal. Keeping this in mind, and also after reading numerous posts online, I got my HR to give the nod for the H1 renewal. My lawyer replied today saying that we cannot get an H1 extension as my 485 is filed and 140 cleared.
I was under the impression that I would be allowed to get the H1B renewed for another year. What are the rules / regulations on this. If someone can pls update me.
Thank you.
Apoorv
My GC status is as follows
I-140 - approved
EAD - approved
AP - approved
FP - completed .
FIRE YOUR LAWYER:D
seriously,
you can apply for h1-b for 3 years after i-140 gets approved if you are from oversubscribed countries. in the cover letter to USCIS for the h1 extension, ask them to refer to rule #104 (or something) of USCIS which allows you to file the extension after six years.
do a google search on rule 104 or somebody else can help you out with this
Hello,
My apologies upfront if I am posting this in the wrong thread.
I am currently working on an H1B which expires in Jan 08. My question is regarding H1B extension beyond the 6yr limit. Is it possible to get an extension for my H1B (7.5 yrs completed) even after having filed my I-485 (I was able to file 485 in July of this year)?
As per my lawyer, if for some reason, my EAD renewal next year is delayed or the new card not delivered on time, I will not be allowed to work though I will not be illegal. Keeping this in mind, and also after reading numerous posts online, I got my HR to give the nod for the H1 renewal. My lawyer replied today saying that we cannot get an H1 extension as my 485 is filed and 140 cleared.
I was under the impression that I would be allowed to get the H1B renewed for another year. What are the rules / regulations on this. If someone can pls update me.
Thank you.
Apoorv
My GC status is as follows
I-140 - approved
EAD - approved
AP - approved
FP - completed .
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purplehazea
05-31 06:14 PM
I'm not trying to give you cause for concern, so please don't take my posting out of context.
Good luck and future success!!
Of course you are!
Good luck and future success!!
Of course you are!
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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
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vamsi_poondla
09-10 10:45 AM
All,
I think we are most close to H-1B process and thus we should be one who should propose changes to H-1B program to congress so that they can make program more fair and transparent to all. I suggest the following changes. I think IV core should take this up with senator/house representative.
H1-B improvements:
1) Instead of visa becoming available once every year (1 October), make visa � of the visa quota available every quarter and one can apply for visa in any given quarter on any day of the quarter or 10 days before the start of the quarter. Unused visas of preceding quarter are added to the next quarter.
2) Remove lottery system of awarding visa. In stead use the following method:
a. Until the first day of quarter, all applications for that quarter is accepted (first day of the quarter not included). Visa availability decision is made on first day of the quarter and then every first day of the week of that quarter. Let call these days �visa count day (VCD)�.
b. If number of application received between to consecutive �visa count day� or before the first VCD is less then number of available visas, all those applications are assigned available visas. Available visa count is reduced by number of applications with assigned visas.
c. No application is accepted if it was received on or after the VCD AND it was determine on that VCD that sufficient visas are not available for applications received between preceding VCD and the current VCD (or 10 days if VCD is the start of the quarter). Call this VCD �cut-off VCD� and immediate week (or 10 days if this is first VCD) preceding it �cut-off period (CP)�
d. The application received is CP is assigned available visa as follows:
i. Create the pool of all the employers who have applied in CP and still have H-1B application requiring new visa.
ii. Start with an employer playing highest salary to the H-1B applicant and assigned one visa to that application. Remove this employer for the pool. Move on to next highest paying employer in the pool and assigned one visa to that application.
iii. Continue doing point two (ii) until all visas are exhausted or there are no more employers in the pool. In later case, again create employer pool as stated in point one (i) and repeat the process.
3) Special clause for consulting position: If application for H-1B visa requires consulting work, following is required:
a. New LCA is required every year and when consultant changes the client.
b. New LCA must be based on the client�s job and experience requirement.
c. H-1B applicant must be paid based on LCA.
d. If H-1B applicant can establish significant fraud/H-1B exploitation, he/she (and any dependent) is awarded EAD immediately and he/she is eligible to apply for permanent residency without employer application. Employer is no longer eligible to apply for H-1B application and is fined $1million per fraud.
Some are good ideas. Did you think of the administrative overhead? What is the need for the special clause? It is too restrictive.
I think, in long run, increasing the cap, preventing the exploitation/ fraud, faster GC process are workable solutions. I sometimes hear that some companies bring L1B holders and place them as consultants ( a clear violation of L1 visa)..That is the area lawmakers should really drill more. L1 is clearly exploited, it is used like a virtual back door with no cap limits.
I think we are most close to H-1B process and thus we should be one who should propose changes to H-1B program to congress so that they can make program more fair and transparent to all. I suggest the following changes. I think IV core should take this up with senator/house representative.
H1-B improvements:
1) Instead of visa becoming available once every year (1 October), make visa � of the visa quota available every quarter and one can apply for visa in any given quarter on any day of the quarter or 10 days before the start of the quarter. Unused visas of preceding quarter are added to the next quarter.
2) Remove lottery system of awarding visa. In stead use the following method:
a. Until the first day of quarter, all applications for that quarter is accepted (first day of the quarter not included). Visa availability decision is made on first day of the quarter and then every first day of the week of that quarter. Let call these days �visa count day (VCD)�.
b. If number of application received between to consecutive �visa count day� or before the first VCD is less then number of available visas, all those applications are assigned available visas. Available visa count is reduced by number of applications with assigned visas.
c. No application is accepted if it was received on or after the VCD AND it was determine on that VCD that sufficient visas are not available for applications received between preceding VCD and the current VCD (or 10 days if VCD is the start of the quarter). Call this VCD �cut-off VCD� and immediate week (or 10 days if this is first VCD) preceding it �cut-off period (CP)�
d. The application received is CP is assigned available visa as follows:
i. Create the pool of all the employers who have applied in CP and still have H-1B application requiring new visa.
ii. Start with an employer playing highest salary to the H-1B applicant and assigned one visa to that application. Remove this employer for the pool. Move on to next highest paying employer in the pool and assigned one visa to that application.
iii. Continue doing point two (ii) until all visas are exhausted or there are no more employers in the pool. In later case, again create employer pool as stated in point one (i) and repeat the process.
3) Special clause for consulting position: If application for H-1B visa requires consulting work, following is required:
a. New LCA is required every year and when consultant changes the client.
b. New LCA must be based on the client�s job and experience requirement.
c. H-1B applicant must be paid based on LCA.
d. If H-1B applicant can establish significant fraud/H-1B exploitation, he/she (and any dependent) is awarded EAD immediately and he/she is eligible to apply for permanent residency without employer application. Employer is no longer eligible to apply for H-1B application and is fined $1million per fraud.
Some are good ideas. Did you think of the administrative overhead? What is the need for the special clause? It is too restrictive.
I think, in long run, increasing the cap, preventing the exploitation/ fraud, faster GC process are workable solutions. I sometimes hear that some companies bring L1B holders and place them as consultants ( a clear violation of L1 visa)..That is the area lawmakers should really drill more. L1 is clearly exploited, it is used like a virtual back door with no cap limits.
more...
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rajenk
09-20 07:10 PM
I am holding MCA with 10+ years experience. My degree got evaluated to be equivalent to MS in US.
Just to let you know switching from EB3 to EB2 is not as simple as one would think. I assume you are aware of it.
To switch you need to start from Labor and be careful with the job requirements. And then your educational qualification and work experience.
Here are the EB2 minimum requirement.
JOB should require minimum of Bachelors degree with 5 years experience or Masters with or without experience.
Good luck.:)
Just to let you know switching from EB3 to EB2 is not as simple as one would think. I assume you are aware of it.
To switch you need to start from Labor and be careful with the job requirements. And then your educational qualification and work experience.
Here are the EB2 minimum requirement.
JOB should require minimum of Bachelors degree with 5 years experience or Masters with or without experience.
Good luck.:)
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sweet_jungle
10-23 01:06 AM
I am sorry, I dont know the answer to your question.
But on the other hand, your friend, his hot shot MBA job...is it in Wall Street? involving bundling mortgage based assets & leveraged options on those?
nope, it is outside wall street.
But on the other hand, your friend, his hot shot MBA job...is it in Wall Street? involving bundling mortgage based assets & leveraged options on those?
nope, it is outside wall street.
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aadimanav
06-14 12:30 AM
Like everyone here, my PD is also current. My H1b is expiring in the last-week of Nov this year (2007). If I file for 485/EAD etc. in early July. Do I need to extend my H1b? How long does it take to get the EAD? What if, if I do not receive the EAD before Nov ?
HumJumboHathuJumbo
08-19 12:27 AM
Does your welcome letter/approval say anything about ADIT process?. thanks
alterego
07-12 07:25 PM
Consult with you lawyer about this one.
However I think that you can substitute the underlying 140 to the EB2 petition with the earlier priority date and hence make your 485 approvable. You are entitled to the better PD and category. You do however need to work with the petitioning employer, which based on your approval could end up being the Eb2 petition employer.
The suggestion to file AOS for the other one is also a good idea, since your EB2 140 PD is almost certain to stay current for some time, You might very well be able to get your green card through CP within a few months.
This would be a good question to post on the lawyer thread on the home page.
However I think that you can substitute the underlying 140 to the EB2 petition with the earlier priority date and hence make your 485 approvable. You are entitled to the better PD and category. You do however need to work with the petitioning employer, which based on your approval could end up being the Eb2 petition employer.
The suggestion to file AOS for the other one is also a good idea, since your EB2 140 PD is almost certain to stay current for some time, You might very well be able to get your green card through CP within a few months.
This would be a good question to post on the lawyer thread on the home page.
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