StukAtBEC
02-16 10:19 PM
Folks,
I need to invoke AC21 at the earliest. I have applied my 485 and I-140 concurrently on Aug 17th. It has just been over 183 days. My 140 is still pending. Due to some reasons, I have to leave my current employer immodestly.
I know there has been lot of threads discussing about risks involved with using AC21 without approved 140. But I do not have an option at this point. My PD date is Nov-2004 and the way I-140 's are being processed, it is going take at least couple more months before I can expect my 140 approval.
I have the following questions:
1) I read in Aytes memo, that if it is over 180 days, they would check for evidence that the case is approval or would have been approval had it been adjudicated within 180 days. Now, if the USCIS sends an RFE for 140 after 180 days, would it still go to my old firm's attorney? If yes, then how would we handle this scenarrio...
I work for a Big 5 Consulting firm and ability to pay should not be an issue. As far as my education is concerned, I have Bachelors in Computer Science Engineering from India and a MS in the same field in US...My experience matches the labor cert. requirements. What are the chance that I might get an RFE? I filed my application at TSC
2) Also, if the 140 is approved, it would go to my old company's attorney..right? How would I get a copy of the same.
3) If I invoke AC21 using my EAD and in the worst case scenario, if my 140 and 485 is rejected, can I then transfer my H1B to an other company (I still have some years left) or will that be a problem because I was not on H-1b at that time?
Would it be treated as a new application where in I have to try to get into the quota or it would just be a normal H-1b transfer...
Also, I'm looking for a good attorney to help me invoke AC21...Please advise!
Gurus... please help me with your suggestions.
I need to invoke AC21 at the earliest. I have applied my 485 and I-140 concurrently on Aug 17th. It has just been over 183 days. My 140 is still pending. Due to some reasons, I have to leave my current employer immodestly.
I know there has been lot of threads discussing about risks involved with using AC21 without approved 140. But I do not have an option at this point. My PD date is Nov-2004 and the way I-140 's are being processed, it is going take at least couple more months before I can expect my 140 approval.
I have the following questions:
1) I read in Aytes memo, that if it is over 180 days, they would check for evidence that the case is approval or would have been approval had it been adjudicated within 180 days. Now, if the USCIS sends an RFE for 140 after 180 days, would it still go to my old firm's attorney? If yes, then how would we handle this scenarrio...
I work for a Big 5 Consulting firm and ability to pay should not be an issue. As far as my education is concerned, I have Bachelors in Computer Science Engineering from India and a MS in the same field in US...My experience matches the labor cert. requirements. What are the chance that I might get an RFE? I filed my application at TSC
2) Also, if the 140 is approved, it would go to my old company's attorney..right? How would I get a copy of the same.
3) If I invoke AC21 using my EAD and in the worst case scenario, if my 140 and 485 is rejected, can I then transfer my H1B to an other company (I still have some years left) or will that be a problem because I was not on H-1b at that time?
Would it be treated as a new application where in I have to try to get into the quota or it would just be a normal H-1b transfer...
Also, I'm looking for a good attorney to help me invoke AC21...Please advise!
Gurus... please help me with your suggestions.
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Legal
07-26 12:32 PM
very good idea! We should fight..
This time they can not say they can not say unrelated immigration issue should not be attached to a spending bill.
If this claim is made again by immigration restrictionists, then the "more visas for crab pickers" deal should also go:D
This time they can not say they can not say unrelated immigration issue should not be attached to a spending bill.
If this claim is made again by immigration restrictionists, then the "more visas for crab pickers" deal should also go:D
aviko21
09-29 06:36 PM
its all normal...........
they are not processing it as efficiently as you would like but its getting done...
like for me i got my ead cards and a transfer notice within 2 days of check cashing but still no receipt notice..
give it some time, they are under a lot of stress with the number of applications.
they are not processing it as efficiently as you would like but its getting done...
like for me i got my ead cards and a transfer notice within 2 days of check cashing but still no receipt notice..
give it some time, they are under a lot of stress with the number of applications.
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Hassan11
06-10 11:33 AM
my 485 is pending at NSC. my job is located In Virginia. where do I send my ead renewal?? Please help. Thanks
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royus77
05-28 11:19 PM
Heard this from our company lawyer .... uscis will issue RFE for all I-485 applications that are pending for a while to make sure the applicant still has the job offer. He got this from a very reliable source. I dont know how true it is...just sharing what I have heard.
Can you share your company lawyer's name before when you are spreading these kind of speculative rumors ....use commonsense before posting
Can you share your company lawyer's name before when you are spreading these kind of speculative rumors ....use commonsense before posting
manjunathk
07-18 01:00 AM
Let's send him "Get well soon" flowers with a letter explaining the REAL problem we (legal) immigrants face.
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patfanboston
03-04 11:19 AM
What the f*** is she trying to say????
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yabadaba
08-14 01:02 PM
Sorry but I didn't get what your "Yes" pointed to.
is OP wrong or right in his assumption?
Personally, I don't think it matters whether an applicant is direct employee or works for a consulting company. If it was indeed true, then people would start jumping on the direct client bandwagons :D
Thanks,
Nik
the op modified his post.. his post ended with the question "am i missing something here?" and i replied to that as yes you are.. as to what he/she is missing is anyone's guess. maybe some common sense?
how would uscis have the ability to decode between a direct hire and a non direct hire application?
abc corporation is abc corporation. what OP was implying was that employees at companies with well established brand names would get it faster. but there are thousands of legitimate companies in various fields other than software that have 0 brand recognition outside their industry.
is OP wrong or right in his assumption?
Personally, I don't think it matters whether an applicant is direct employee or works for a consulting company. If it was indeed true, then people would start jumping on the direct client bandwagons :D
Thanks,
Nik
the op modified his post.. his post ended with the question "am i missing something here?" and i replied to that as yes you are.. as to what he/she is missing is anyone's guess. maybe some common sense?
how would uscis have the ability to decode between a direct hire and a non direct hire application?
abc corporation is abc corporation. what OP was implying was that employees at companies with well established brand names would get it faster. but there are thousands of legitimate companies in various fields other than software that have 0 brand recognition outside their industry.
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Eveready
07-11 05:25 PM
Thanks syed your post has been a great help.:)
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fromnaija
10-05 12:49 PM
On the flip side, I know people who have gotten selected in DV the very first time. Like you said, that's why it's called a lottery. Anything can happen.
Does anyone know if it makes any difference if you file early or late? I know it's supposed be completely random but does anyone have any theory on how you might have a better chance? My take is that if you file too early (first few days) and if (with a big if) there is a bug in system then your application might get lost. So let the bugs be fixed in first few days and then file.
This is my strategy. I play my entry in the early weeks and play my wife's entry towards the end.
Does anyone know if it makes any difference if you file early or late? I know it's supposed be completely random but does anyone have any theory on how you might have a better chance? My take is that if you file too early (first few days) and if (with a big if) there is a bug in system then your application might get lost. So let the bugs be fixed in first few days and then file.
This is my strategy. I play my entry in the early weeks and play my wife's entry towards the end.
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macml
01-29 05:44 PM
Sorry, I can't help you out on how to fill out the application. My lawyer did it for me.
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tonyHK12
10-04 02:45 PM
The problem with accounts in India is the requirement to declare it here.
I don't think so, only Green cards and citizens are taxed on world wide income.
I meant the public provident fund run by the govt. We should check with a India tax expert on that, if non residents can contribute. don;t think they should have issues. PF allowed tax deduction for residents on 10% of the income, but you could always contribute as much as you wanted and top it up.
I don't think so, only Green cards and citizens are taxed on world wide income.
I meant the public provident fund run by the govt. We should check with a India tax expert on that, if non residents can contribute. don;t think they should have issues. PF allowed tax deduction for residents on 10% of the income, but you could always contribute as much as you wanted and top it up.
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asterix
02-17 10:13 PM
All, Help me understand this.
If I look at this link below on # of immigrant visa's approved every year for for each country it shows the total for India (all category EB 1-5) as
06 -10.7k
05 -46K
04 - 39k
03 - 20k
02 - 41k
01 - 41k
Am I reading this right because this certainly is more than the country limit. Also the total # of visa's given seem to be more than the annual limit. I thought there were some 250k visas that were lost, were the limits higher during these years?
http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
Under each link look for - Immigrant Visas Issued and Adjustments of Status Subject to Numerical Limitations (by Foreign State Chargeability): Fiscal Year 2006
If I look at this link below on # of immigrant visa's approved every year for for each country it shows the total for India (all category EB 1-5) as
06 -10.7k
05 -46K
04 - 39k
03 - 20k
02 - 41k
01 - 41k
Am I reading this right because this certainly is more than the country limit. Also the total # of visa's given seem to be more than the annual limit. I thought there were some 250k visas that were lost, were the limits higher during these years?
http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
Under each link look for - Immigrant Visas Issued and Adjustments of Status Subject to Numerical Limitations (by Foreign State Chargeability): Fiscal Year 2006
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arnet
10-26 11:48 AM
post this question to the attroney sonal mehta vema who gives legal advise in IV forum, check the following threads to know how to post a question:
http://immigrationvoice.org/forum/showthread.php?t=1267
it is better to check with attroney, if you need attroney, i can suggest few like rajivkhanna at immigration.com or sheila murthy at murthys.com or sonal mehta at nankin.com/mehtaverma.html.
I work as a dentist in a company which was held in partnership by 2 partners.I have a approved H1b and my I 140 is filed in May 2006.Now as of Oct 01 the original company is finished as the partners have seperated.I am confused about my case, if I have to file a new H1b and 140 or an ammendment or just nothing.The tax id number for the company which will now give my paycheck has changed.As for me my work location has not changed and I still work in the same position.Can I take paychecks from the new company which now belongs to one of the partners or do I need to inform immigration to refile H1 or I140 or both.Any advice is appriciated
http://immigrationvoice.org/forum/showthread.php?t=1267
it is better to check with attroney, if you need attroney, i can suggest few like rajivkhanna at immigration.com or sheila murthy at murthys.com or sonal mehta at nankin.com/mehtaverma.html.
I work as a dentist in a company which was held in partnership by 2 partners.I have a approved H1b and my I 140 is filed in May 2006.Now as of Oct 01 the original company is finished as the partners have seperated.I am confused about my case, if I have to file a new H1b and 140 or an ammendment or just nothing.The tax id number for the company which will now give my paycheck has changed.As for me my work location has not changed and I still work in the same position.Can I take paychecks from the new company which now belongs to one of the partners or do I need to inform immigration to refile H1 or I140 or both.Any advice is appriciated
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mambarg
08-30 01:30 PM
I dont think you mean LUD on 485 correctly.
It has to be after ND.
It has to be after ND.
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learning01
05-11 01:03 PM
Audio Link (http://www.npr.org/templates/rundowns/rundown.php?prgId=3) on Internet and Click on Listen.
A while ago, it used to be that the stream was cut off after one hour. Off late, I am not listening. Also check your local public radio. In CO it is www.cpr.org
For funding reasons, NPR has veered away from its middle of the road position in the last 5 years. Thus, in my view, it lost neutrality and my listenership.
can we listen to this program online?
A while ago, it used to be that the stream was cut off after one hour. Off late, I am not listening. Also check your local public radio. In CO it is www.cpr.org
For funding reasons, NPR has veered away from its middle of the road position in the last 5 years. Thus, in my view, it lost neutrality and my listenership.
can we listen to this program online?
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RajWantsGC
05-12 10:59 PM
Thanks Roger for the reply. Mine was 3 years degree. So they mentioned that it is not equvilent to U.S. Bachelor degree. They did not have any issue with my experience which is more than 5 years.
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Munna Bhai
08-30 07:53 AM
copy of first and last paystubs of all employers?
:eek: :eek:
I can hardly find any paystub beyond 6 months, in my case. I hope and pray that I dont get an RFE like that. Do people really keep all the paystubs they ever received from employers? that is an outrage.
If this is not unfair that what else is?
WOW.......
I think the best way to handle this is, atleast contact couple of attorneys and sit down with them. Go over every single detail, and dont miss out on any papers. Some of the papers you listed, are standard attachements anyways. I wonder why your lawyer didnt submit those along with original form?
These type of issues will come only if at some stage(H1b or GC) USCIS has a red-flag associated with this case(or company).
:eek: :eek:
I can hardly find any paystub beyond 6 months, in my case. I hope and pray that I dont get an RFE like that. Do people really keep all the paystubs they ever received from employers? that is an outrage.
If this is not unfair that what else is?
WOW.......
I think the best way to handle this is, atleast contact couple of attorneys and sit down with them. Go over every single detail, and dont miss out on any papers. Some of the papers you listed, are standard attachements anyways. I wonder why your lawyer didnt submit those along with original form?
These type of issues will come only if at some stage(H1b or GC) USCIS has a red-flag associated with this case(or company).
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logiclife
02-16 10:31 AM
California used to finish the labor cert in 7-8 months even in 2004, 2005, just before BECs started.
I got my state labor approved and then it went to the San Francisco office in Dec 2004 and got it approved in June 2005. I am glad it didnt go to backlog center coz they were just starting up at the time.
Backlog centers have worsened the problem by slowing things down even further and now you even lost transparency. They are like "Trust us, we are the elite backlog centers...how could WE do anything wrong".
I got my state labor approved and then it went to the San Francisco office in Dec 2004 and got it approved in June 2005. I am glad it didnt go to backlog center coz they were just starting up at the time.
Backlog centers have worsened the problem by slowing things down even further and now you even lost transparency. They are like "Trust us, we are the elite backlog centers...how could WE do anything wrong".
VenuK
07-10 07:35 PM
Hi SDDesi,
That's a good point. i will talk to my attorney and senior attorney from other resources.
Thanks,
Hi raysaikat,
I talked to my attorney about the security clearance and he said my security clearance is done successfully. basically, FBI will do all that behind the scenes thats what my attorney said, they back check in bio-data since i came into US,
then
only i have received approved I-797 with company Y on Jun 5, 2008.
addition to it, i have a letter (from my attorney) from an expert opinion who is the Professor from University of Maryland on my Education and Work Experience. correct me if this is wrong.
coming to second point
i dont think my current client will give me that kinda luxury working from remote place,
what is TAL?
what information is provided there.
what do i need to look for in there.
do u have any link where i can look into it, if so pls email me at
kvenu135 at hotmail dot com
please email me anyone who reads this thread/post with your advices.
I would be more than happy to appreciate it
With Thanks,
Venu
That's a good point. i will talk to my attorney and senior attorney from other resources.
Thanks,
Hi raysaikat,
I talked to my attorney about the security clearance and he said my security clearance is done successfully. basically, FBI will do all that behind the scenes thats what my attorney said, they back check in bio-data since i came into US,
then
only i have received approved I-797 with company Y on Jun 5, 2008.
addition to it, i have a letter (from my attorney) from an expert opinion who is the Professor from University of Maryland on my Education and Work Experience. correct me if this is wrong.
coming to second point
i dont think my current client will give me that kinda luxury working from remote place,
what is TAL?
what information is provided there.
what do i need to look for in there.
do u have any link where i can look into it, if so pls email me at
kvenu135 at hotmail dot com
please email me anyone who reads this thread/post with your advices.
I would be more than happy to appreciate it
With Thanks,
Venu
Munna Bhai
08-24 01:34 PM
Can interfiling done for spouse. I filed 485 based on my PERM labor. Can I interfile this 485 when my wifes labor gets approved from Backlog.
Here is what I got update from my attorney:
"Once the I-140 is approved(EB3, Nov 2004), we will write to the Immigration Service requesting them to apply that priority date to the pending I-485 (EB2, Feb 2006) application."
Hope this helps.
Here is what I got update from my attorney:
"Once the I-140 is approved(EB3, Nov 2004), we will write to the Immigration Service requesting them to apply that priority date to the pending I-485 (EB2, Feb 2006) application."
Hope this helps.
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