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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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gemini23
07-02 03:12 PM
Srikondoji,
you can repeat something that is already said. first you said "step back". if you want to repeat, it should be "step back"..not "step aside". Simple logic. enjoy.:cool:
Originally Posted by srikondoji
Please step back. You need to grow up to know what is racism and you need to listen/read with some context in the background.
Plain reading is injurious to health and community.
I repeat "please step aside".
Please step back. You need to grow up to know what is racism and you need to listen/read with some context in the background.
Plain reading is injurious to health and community.
I repeat "please step aside".
you can repeat something that is already said. first you said "step back". if you want to repeat, it should be "step back"..not "step aside". Simple logic. enjoy.:cool:
Originally Posted by srikondoji
Please step back. You need to grow up to know what is racism and you need to listen/read with some context in the background.
Plain reading is injurious to health and community.
I repeat "please step aside".
Please step back. You need to grow up to know what is racism and you need to listen/read with some context in the background.
Plain reading is injurious to health and community.
I repeat "please step aside".
pd_recapturing
09-04 10:19 AM
Hi guys,
I would like to know if somebody has done interfiling i.e. upgrading EB category while pending AOS. I am planning to do it as soon as I receive my RN (July filer). I was looking for some more info on this from folks who have already done it. Thx
I would like to know if somebody has done interfiling i.e. upgrading EB category while pending AOS. I am planning to do it as soon as I receive my RN (July filer). I was looking for some more info on this from folks who have already done it. Thx
2011 #39;Jersey Shore#39; Season 4;
I-485 approval
08-20 10:30 AM
I filed for I-485 under EB3 category in July 2007 and have a priority date of March 2003. Since EB3 is not moving at all. I applied in EB2 category and got I-140 approved based on my old Priority date(March 2003).
My attorney sent a letter to USCIS and requesting them to approve my case based on my approved I-140 (EB2) in July 2009. Since then we haven't recieved any communication from them.
My case is current as of Aug 1st 2009 but no LUD's on my case.
How would I know that USCIS have changed my case from EB3 to EB2.
I apperciate your response in this regard.
My attorney sent a letter to USCIS and requesting them to approve my case based on my approved I-140 (EB2) in July 2009. Since then we haven't recieved any communication from them.
My case is current as of Aug 1st 2009 but no LUD's on my case.
How would I know that USCIS have changed my case from EB3 to EB2.
I apperciate your response in this regard.
more...
kk_kk
04-23 01:27 PM
I have chnaged my address twice in last 2 months with USCIS. One change is from zip code xxxxx to yyyyy and other with in the same zip code. Both the time, there was an soft LUD on my I-485. knock on wood, no RFE's as of yet.
RSM1444
04-04 02:05 PM
Some body with priority date of Dec 2008 voted yes. It looks like some confusion.
more...
bskrishna
06-09 11:49 AM
Thanks a lot for the VISA issue....
Cant i travel via Germany to India with stolen visa issue ?
Your travel agent should know if he/she is experienced about transit visa. Amsterdam does not need a transit visa (even with an invalid US visa). Not sure about Frankfurt.
You will need one for sure if you travel via UK. I had some friends who had to go through a lot of difficulty for going back on a B1 visa to India via Heathrow
Cant i travel via Germany to India with stolen visa issue ?
Your travel agent should know if he/she is experienced about transit visa. Amsterdam does not need a transit visa (even with an invalid US visa). Not sure about Frankfurt.
You will need one for sure if you travel via UK. I had some friends who had to go through a lot of difficulty for going back on a B1 visa to India via Heathrow
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srinivas_o
04-28 10:49 AM
Used Advance Parole and gave my passport to the Officer, no questions asked and no issues. This is at Dallas on 23rd April. It just took 15 minutes to complete the immigration check.
more...
sanprabhu
07-17 04:32 PM
I think we should send post cards to all the senators. The message should be simple:
1. RECAPTURE of the lost EB visas for the last decade.
2. Per Country quota flexibility.
The post cards should be sent to all the 100 senators.
If people want to send flowers it should be again to soldiers at Walter Reed. I think this time it should say Thank you for your service by USCIS.
1. RECAPTURE of the lost EB visas for the last decade.
2. Per Country quota flexibility.
The post cards should be sent to all the 100 senators.
If people want to send flowers it should be again to soldiers at Walter Reed. I think this time it should say Thank you for your service by USCIS.
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fromnaija
07-21 03:45 AM
If by Phoenix you mean Phoenix, Arizona, You are welcome! I live in Phoenix. I hope you are prepared for the HEAT!
You could use your current address to file and change your address later using form AR-11. However, after submitting the form you have to call USCIS customer service to effect the change of address on your outstanding cases. Alternatively if you change your address online through USCIS web site, you don't need to call customer service. But I'll advise that you call them anyway. Good luck.
I am moving July 25th,07 from New York to Phoenix.
Which address I should to give attorney to File AOS.
She plan to file before July 31st,07.
But so far we didn't found Apartment in Phoenix.
Thanks in Advance.
You could use your current address to file and change your address later using form AR-11. However, after submitting the form you have to call USCIS customer service to effect the change of address on your outstanding cases. Alternatively if you change your address online through USCIS web site, you don't need to call customer service. But I'll advise that you call them anyway. Good luck.
I am moving July 25th,07 from New York to Phoenix.
Which address I should to give attorney to File AOS.
She plan to file before July 31st,07.
But so far we didn't found Apartment in Phoenix.
Thanks in Advance.
more...
gc_rip
07-09 10:02 PM
Hi Ann,
Appreciate your help, and this is more than useful for me.
"To make sure that USCIS does not find that you have abandoned your
AOS application you should maintain the validity of your Advance
Parole if at all possible."
I have another related question.
1. As I mentioned, my AP is applied and expected to be renewed till Aug 2011. If I leave my current employer, according to the company policy the underlying I-140 will be withdrawn by the current employer. Would that invalidate my AP already approved, or would it be unaffected and I can safely travel back to USA till Aug 2011?
If I travel after a long delay of 8 months would can cause any issue on AP based entry?
2. To renew my AP beyond Aug 2011, can I just travel for a short time to USA in April 2011, and file the renewal? And later by Aug 2011 return back to USA and collect the new renewal?
Thanks,
Raj
Appreciate your help, and this is more than useful for me.
"To make sure that USCIS does not find that you have abandoned your
AOS application you should maintain the validity of your Advance
Parole if at all possible."
I have another related question.
1. As I mentioned, my AP is applied and expected to be renewed till Aug 2011. If I leave my current employer, according to the company policy the underlying I-140 will be withdrawn by the current employer. Would that invalidate my AP already approved, or would it be unaffected and I can safely travel back to USA till Aug 2011?
If I travel after a long delay of 8 months would can cause any issue on AP based entry?
2. To renew my AP beyond Aug 2011, can I just travel for a short time to USA in April 2011, and file the renewal? And later by Aug 2011 return back to USA and collect the new renewal?
Thanks,
Raj
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thomachan72
09-19 08:32 AM
i had interview at mumbai consulate on friday morning 9.30.
EVERYONE please take time to read and reply...
the officer was very rude... i said good morning upon entering and she did not reply.... then she said she is getting strange people since morning and no one is following her instructions....
she asked me the name of company, my job title etc..i replied ...
and then she asked me for my old passport and wrote CWOP on expired visa.....
she asked my wife if she has old passport and i said no and there it started..."SHE got angry and said did i asked you? let her speak... " "women can speak for herself etc..." she did utter some few words slowly so i said "excuse me" and that's it..she told me people like me should not be in usa..etc...etc........."
here is the deal...she did not gave me any slip or anything and said we can go now.....
WHAT WILL HAPPEN?
will i get my passport with stamp? or do they send Pink/Yellow/White slip through courier?
expert any advise?
i tracked the passport on VFS site on Saturday morning and VFS says they have not received passport from the embassy. is this normal? should i wait till monday evening before jump on any conclusion?
Sorry to hear this. It seems to be a real unfortunate thing to happen. Hope the lady was just having an emotional issue and doesn't act upon that. I would anyway wait till Monday and contact the VFS again. Hope for the best.
EVERYONE please take time to read and reply...
the officer was very rude... i said good morning upon entering and she did not reply.... then she said she is getting strange people since morning and no one is following her instructions....
she asked me the name of company, my job title etc..i replied ...
and then she asked me for my old passport and wrote CWOP on expired visa.....
she asked my wife if she has old passport and i said no and there it started..."SHE got angry and said did i asked you? let her speak... " "women can speak for herself etc..." she did utter some few words slowly so i said "excuse me" and that's it..she told me people like me should not be in usa..etc...etc........."
here is the deal...she did not gave me any slip or anything and said we can go now.....
WHAT WILL HAPPEN?
will i get my passport with stamp? or do they send Pink/Yellow/White slip through courier?
expert any advise?
i tracked the passport on VFS site on Saturday morning and VFS says they have not received passport from the embassy. is this normal? should i wait till monday evening before jump on any conclusion?
Sorry to hear this. It seems to be a real unfortunate thing to happen. Hope the lady was just having an emotional issue and doesn't act upon that. I would anyway wait till Monday and contact the VFS again. Hope for the best.
more...
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number30
09-23 02:29 PM
If she has valid H4 stamping go to Canada and comeback. She can apply as H4. Even illegals are going to schools without any issues. If you stay legally you have to go through all these issues. Which University is this?
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jcrajput
06-18 03:35 PM
What is the best way to send the documents to the emabassy? I asked because I live in Ahmedabad and I am planning to go for stamping the very next day I arrive in India.
Thanks for your help.
jignesh
Thanks for your help.
jignesh
more...
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tonyHK12
10-11 05:43 PM
until the economy improves, i am not too optimistic that something will happen in lame duck session
well there maybe some truth to this, but our situation is desperate, we can't afford to not give it our best, or stop trying.
'The best defense is a good offense'
- Sun Tzu - The Art of War
- Bruce Lee - Jeet Kune Do, Wing Chun
for CIR......some people are going to bash me for this, politics blah blah...
'Dont use a Cannon to kill a Mosquito'
- Confucious
Disclaimer, I'm an Indian
well there maybe some truth to this, but our situation is desperate, we can't afford to not give it our best, or stop trying.
'The best defense is a good offense'
- Sun Tzu - The Art of War
- Bruce Lee - Jeet Kune Do, Wing Chun
for CIR......some people are going to bash me for this, politics blah blah...
'Dont use a Cannon to kill a Mosquito'
- Confucious
Disclaimer, I'm an Indian
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anilsal
10-30 11:49 PM
When there is a merger, there are no issues. I am presuming that when there are spin offs, there are no issues. Since you are working for atleast one of the original partners, you may show that it is a spin-off or a smaller firm out of the bigger firm or something like that. I am no attorney.
Talk to a good one. If you are being offered atleast the wage that is described on your apps and your position has not changed, then maybe there are no issues.
Get to an attorney at the earliest.
Talk to a good one. If you are being offered atleast the wage that is described on your apps and your position has not changed, then maybe there are no issues.
Get to an attorney at the earliest.
more...
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gapala
07-09 12:26 PM
I am working on EAD which expires on 10th Septempber 2008. I filed for my EAD on 25th June, 2008 and with the current processing dates at Nebraska, my guess is that I wont recieve my EAD until later September/early October.
Will I have to stop working for the period when I dont have my EAD? My employer is very co-operative and will bear with me. But what are my options?
My husband is the primary applicant of our 485 petition, so we wont have any issues of going out of status.
I would really appreciate your advice on this.
I am sure your employer knows about the rules around eligibility to work and will not allow any unauthorized to work even for a day past expiry date.
Hope you will get the Renewed EAD soon before expiry of old one.
Will I have to stop working for the period when I dont have my EAD? My employer is very co-operative and will bear with me. But what are my options?
My husband is the primary applicant of our 485 petition, so we wont have any issues of going out of status.
I would really appreciate your advice on this.
I am sure your employer knows about the rules around eligibility to work and will not allow any unauthorized to work even for a day past expiry date.
Hope you will get the Renewed EAD soon before expiry of old one.
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wandmaker
10-29 12:43 PM
If a person on H4 applies for EAD, does it mean his/her H4 is no longer active. And now, he needs to carry AP while traveling?
Please help...
Applying for EAD does not invalidate your H4 status. If you travel outside USA without AP and you don't have a valid H4 stamp on your passport, It is considered abandoning your AOS. Hope this helps.
Please help...
Applying for EAD does not invalidate your H4 status. If you travel outside USA without AP and you don't have a valid H4 stamp on your passport, It is considered abandoning your AOS. Hope this helps.
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Hey Ram GC
04-08 11:45 AM
webm: what is the status of your application ( 485), is your NC, SC or fingurprints all clear. Did you speak to any IO about any update on your case as your PD is current ( 01 Oct).
ggc
10-18 03:44 PM
Thank you all for your replies.
My attorney is in NY, he said he cannot come to CA for my interview.
Can I take a local attorney just for the interview purpose?
And we have a 1 year old kid, can we take kid to the interview?
My attorney is in NY, he said he cannot come to CA for my interview.
Can I take a local attorney just for the interview purpose?
And we have a 1 year old kid, can we take kid to the interview?
masala dosa
05-12 09:43 AM
Great Job.I heard your call & I think you tried your best to explain our issues.I'm sure that something will surely change for the legal community in coming months.We have taken enough s..... till now.
Once again, nice job buddy
Keep up the spirits,we will get there
Thanks
GCcomesoon
I cannot open the audio file on internet explorer/Windows media player
can anyone tell me why?
Once again, nice job buddy
Keep up the spirits,we will get there
Thanks
GCcomesoon
I cannot open the audio file on internet explorer/Windows media player
can anyone tell me why?
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