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addsf345
11-24 02:13 PM
my 485 got denied lastweek as my previous employer withdrawn approved 140. I changed employer after 1year of 485 pending. I am filing MTR..
so r u on EAD or H1B? wondering if you were able to continue working on EAD.
its a gray area and even lawyers are not sure 100%.
Also,
1. How long does it take to find MTR?
2. What documents are needed?
3. Did you informed CIS about job change?
so r u on EAD or H1B? wondering if you were able to continue working on EAD.
its a gray area and even lawyers are not sure 100%.
Also,
1. How long does it take to find MTR?
2. What documents are needed?
3. Did you informed CIS about job change?
GCBy3000
06-18 02:17 PM
To invoke, AC21 you should have filed 485 and passed 180 days.
In your situation, I would go with the new employer if he is ready to file the labor today(ASAP). If he has the ad already running for a month, then you should be able to get the LC approved within a week.
Then file 140 in premium and wait with all 485 docs ready. if you dont get 140 approved before July end and if the bulletin retrogress, then go ahead and file 485. If the bulletin does not retrogress, then wait till 140 gets approved and file 485. PORT THE PD.
If you dont want to wait, the file 140 and 485 togather. But 140 in regular is unpredictable. If you file in premium then you can get H1 for 3 years later and also you wil get EAD faster.
CONTRIBUTE TO IV.
Hi Gurus,
Please comment on my situation.
My current job, 140 is approved, and employer ready to file 485. But there is also a risk of layoff in coming 2 months. Employer won't revoke I-140, if he had to let me go.
I have another employer interested and has filed H1 transfer. I am in the 7th year of H1.
If I let current employer file I-485, and also get EAD/AP. Then if laid off after 2 months, and new employer ready to wait for 2 months from now, understanding the situation.
1. Can I join the new employer on H1, after 2 months. Will can cancel my I-485 processing automatically, even though the employer did not revoke the I-140?
2. Should I join the new employer on EAD, which will be approved for 1 year by then? Will there be risk of violation of AC21, and 485 or EAD renewal being rejected at later stage? And what would be a fall-back strategy in such case?
3. Just join the new employer, as it will be stable job. and not worry about the 485 date. It will be current again next year.
4. Is there any information, how the AC-21 works? Is it automatic, or do I need to file for some documents when I switch jobs. That would prevent me from taking any job before 6 months. But I may be laid off in 2 months.
Thanks in advance!
In your situation, I would go with the new employer if he is ready to file the labor today(ASAP). If he has the ad already running for a month, then you should be able to get the LC approved within a week.
Then file 140 in premium and wait with all 485 docs ready. if you dont get 140 approved before July end and if the bulletin retrogress, then go ahead and file 485. If the bulletin does not retrogress, then wait till 140 gets approved and file 485. PORT THE PD.
If you dont want to wait, the file 140 and 485 togather. But 140 in regular is unpredictable. If you file in premium then you can get H1 for 3 years later and also you wil get EAD faster.
CONTRIBUTE TO IV.
Hi Gurus,
Please comment on my situation.
My current job, 140 is approved, and employer ready to file 485. But there is also a risk of layoff in coming 2 months. Employer won't revoke I-140, if he had to let me go.
I have another employer interested and has filed H1 transfer. I am in the 7th year of H1.
If I let current employer file I-485, and also get EAD/AP. Then if laid off after 2 months, and new employer ready to wait for 2 months from now, understanding the situation.
1. Can I join the new employer on H1, after 2 months. Will can cancel my I-485 processing automatically, even though the employer did not revoke the I-140?
2. Should I join the new employer on EAD, which will be approved for 1 year by then? Will there be risk of violation of AC21, and 485 or EAD renewal being rejected at later stage? And what would be a fall-back strategy in such case?
3. Just join the new employer, as it will be stable job. and not worry about the 485 date. It will be current again next year.
4. Is there any information, how the AC-21 works? Is it automatic, or do I need to file for some documents when I switch jobs. That would prevent me from taking any job before 6 months. But I may be laid off in 2 months.
Thanks in advance!
gcdreamer05
01-05 04:27 PM
i woudl think the actual number porting is miniscule...
but what i dont understand is why is USCIS hiding the data..why cant they reveal the exact number of application... and at what stage they?
Even an annual release would be very helpful...:confused:
Oh yeah , talk about that, there were few posts few months ago, that the great uscis had 4-5 diconnected databases and hence they had some project they were planning to centralize their dbs so as to arrive at a number.
Now God only knows how that project is going on (as per schedule), only after that is done can we know the exact number........
Comon USCIS hire some h1b's these guys will work their ass off to finish the project on time....
but what i dont understand is why is USCIS hiding the data..why cant they reveal the exact number of application... and at what stage they?
Even an annual release would be very helpful...:confused:
Oh yeah , talk about that, there were few posts few months ago, that the great uscis had 4-5 diconnected databases and hence they had some project they were planning to centralize their dbs so as to arrive at a number.
Now God only knows how that project is going on (as per schedule), only after that is done can we know the exact number........
Comon USCIS hire some h1b's these guys will work their ass off to finish the project on time....
kothuri
06-09 11:35 AM
Get a good lawyer and ask them to file a Nunc Pro Tunc. Since you are under 6 months it shouldn't be a big deal.
-Sri
-Sri
more...
Jimi_Hendrix
12-14 11:30 AM
This is what I meant when I said how they are doing random enforcement raids to bring CIR back onto the front burner. Way to go.
jatinr
09-23 04:15 PM
i too remember reading postmark doesnt matter it should be received by 17th
I agree,it was clarified in immigration-law that the application should be received by Aug 17th and does not matter when it was sent.
.
I agree,it was clarified in immigration-law that the application should be received by Aug 17th and does not matter when it was sent.
.
more...
jsb
01-28 02:03 PM
per my OP, my physical receipt said my "RECEIPT date" is July 30th.
but the ONLINE status said "it was RECEIVED on Sept 5th"\
I was mainly concern about the wording on the online statis "received on..."
how did you determine I was a NSC-CSC-NSC transfer case from that?
I am a little confused here.
thank you very much
Systems were designed when as soon as mail was recieved, it was entered in the system. Therefore, for practical purposes, data entry date was the receive date. Many centers, when they claim, "we process cases in order we receive them...", or "our processing is within prescribed time schedule limits...", they treat this data entry date as the received date (as they think until it reached them for data entry, it is not their responsibility). When files are shuffled around, there may be a big difference in these dates, but no one has ever clarified that issue.
but the ONLINE status said "it was RECEIVED on Sept 5th"\
I was mainly concern about the wording on the online statis "received on..."
how did you determine I was a NSC-CSC-NSC transfer case from that?
I am a little confused here.
thank you very much
Systems were designed when as soon as mail was recieved, it was entered in the system. Therefore, for practical purposes, data entry date was the receive date. Many centers, when they claim, "we process cases in order we receive them...", or "our processing is within prescribed time schedule limits...", they treat this data entry date as the received date (as they think until it reached them for data entry, it is not their responsibility). When files are shuffled around, there may be a big difference in these dates, but no one has ever clarified that issue.
qplearn
12-19 05:05 PM
Not from the bathtub. ;)
Post your experience with the call.
My experience was very pleasant! They did not say it in so many words, but it was clear that they appreciated my call. I urge all of you to call Senator Cornyn. This is a really good idea, unless the core thinks otherwise (I am really not sure what the core thinks about this). Their staff has not received too many calls from supporters like us is what I could make out (but I could be wrong).
And by the way, the call was made from just outside my office on a cell phone --- not from the bath tub this time :)
Post your experience with the call.
My experience was very pleasant! They did not say it in so many words, but it was clear that they appreciated my call. I urge all of you to call Senator Cornyn. This is a really good idea, unless the core thinks otherwise (I am really not sure what the core thinks about this). Their staff has not received too many calls from supporters like us is what I could make out (but I could be wrong).
And by the way, the call was made from just outside my office on a cell phone --- not from the bath tub this time :)
more...
dish
03-23 11:23 AM
http://www.immigration-lawyer-us.com/images/talent-bill.pdf
paddy.
09-13 12:04 PM
You're going to destroy us all! Giving people a program that makes web designing a lot easier is bad news for us web designers.
more...
vnsriv
09-06 01:33 PM
Dear All,
I just received a FP notice for my wife scheduled for Sep 19, 2007. I have not received mine yet (I am the primary applicant), I have a few questions regarding this. Please help me if you have any information.
1. Is it normal for the primary applicant to not receive FP notice at the same time as dependent?
2. Can my wife get it done without me getting an FP notice?
3. Can I get my FP done on the same day as my wife even though I did not receive my FP notice?
4. I have filed for I-485, EAD and AP, will we both receive an FP notice for all 3 applications or it is just one FP for all applications?
Please help us with your expertise. Thank you very much for all your time.
Guys, please spend some time on forum before posting questions. There are various similar posts that will answer your query. I will briefly answer your queries
1. There are many case like this
2. Your wife's case will be processed independently. Her FP is independent of you.
3. No.
4. You will get one FP notice.
I just received a FP notice for my wife scheduled for Sep 19, 2007. I have not received mine yet (I am the primary applicant), I have a few questions regarding this. Please help me if you have any information.
1. Is it normal for the primary applicant to not receive FP notice at the same time as dependent?
2. Can my wife get it done without me getting an FP notice?
3. Can I get my FP done on the same day as my wife even though I did not receive my FP notice?
4. I have filed for I-485, EAD and AP, will we both receive an FP notice for all 3 applications or it is just one FP for all applications?
Please help us with your expertise. Thank you very much for all your time.
Guys, please spend some time on forum before posting questions. There are various similar posts that will answer your query. I will briefly answer your queries
1. There are many case like this
2. Your wife's case will be processed independently. Her FP is independent of you.
3. No.
4. You will get one FP notice.
rgrant
04-04 07:55 AM
I e-filed for EAD recently and got my biometrics appointment within two weeks, and got the card about 5 weeks after applying. My wife went through the paper process a few months back, and the card took nearly 3 months to arrive. So from this unscientific test, I think that e-filing is much faster for EAD at least.
more...
GC_1000Watt
01-05 04:40 PM
Below mentioned points are from the NAFSA Adviser's Manual (2006 release)
7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.
H-1B automatic revalidation different than that for F and J nonimmigrants
F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.
7.27.2.2
Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.
7.27.2.3 Revalidation of H visas in the United States no longer possible
Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.
7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.
Please let me now if these points are in place currently.
And if yes then please consider this case gurus. If somebody has a valid first H1B extension (with I-94) till 2012 and if he goes for stamping in mexico and gets 221(g). Then can he come back to USA even if his old H1B and old I-94 has expired while his case is pending under 221(g) status in mexico?
I will appreciate your thoughts on this.
7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.
H-1B automatic revalidation different than that for F and J nonimmigrants
F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.
7.27.2.2
Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.
7.27.2.3 Revalidation of H visas in the United States no longer possible
Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.
7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.
Please let me now if these points are in place currently.
And if yes then please consider this case gurus. If somebody has a valid first H1B extension (with I-94) till 2012 and if he goes for stamping in mexico and gets 221(g). Then can he come back to USA even if his old H1B and old I-94 has expired while his case is pending under 221(g) status in mexico?
I will appreciate your thoughts on this.
kaisersose
04-16 10:00 AM
Well, doing it on my own isn't a problem. It's just that my employer is a behemoth and has ironclad policies.
Having said that, filing fees for EAD extension are $340 and for AP $305 per applicant, right?
Now I'll try my best to get EAD/AP extended either by me or the employer but if that doesn't happen (say my employer says it's our policy for you not to do it on your own), will a gap in EAD/AP create problems?
Thanks.
Maverick_2008
The gap by itself is not a problem. However, an abrupt termination or something similar can create trouble as applying for an EAD at that time and waiting for an approval will take months and cause a lot of stress. It can be painful enough to regret every morning the decision to not extend the EAD just to save $600.
If you do not have a copy of your 485 notice, then you cannot extend your EAD. But if you have it (you should), then it is your property and your employer has no say in this matter. Remember that the H-1b and 140 belong to the employer, but 485/EAD/AP are your own.
Having said that, filing fees for EAD extension are $340 and for AP $305 per applicant, right?
Now I'll try my best to get EAD/AP extended either by me or the employer but if that doesn't happen (say my employer says it's our policy for you not to do it on your own), will a gap in EAD/AP create problems?
Thanks.
Maverick_2008
The gap by itself is not a problem. However, an abrupt termination or something similar can create trouble as applying for an EAD at that time and waiting for an approval will take months and cause a lot of stress. It can be painful enough to regret every morning the decision to not extend the EAD just to save $600.
If you do not have a copy of your 485 notice, then you cannot extend your EAD. But if you have it (you should), then it is your property and your employer has no say in this matter. Remember that the H-1b and 140 belong to the employer, but 485/EAD/AP are your own.
more...
freddy22
04-24 03:52 PM
My son is in custody and I am bonding him out this week;
ICE charged him deportable as a Aggrevated Felon becuase ;
He had a PETTY LARCENY in 2009 (misdemeanor) - orginal sentance to 60 days weekend intermittent jail and 3 years probation;
He violated probation and was given a year of weekends by the judge;
Now ICE are charging him as a AF saying he is deportable because his record shows 365 sentance for the petty larceny!!!
I an others disagree and that 'a year of weekends' is NOT a sentance of a year or a suspended year;
Any case files or history anyone - your answers are welcomed!
ICE charged him deportable as a Aggrevated Felon becuase ;
He had a PETTY LARCENY in 2009 (misdemeanor) - orginal sentance to 60 days weekend intermittent jail and 3 years probation;
He violated probation and was given a year of weekends by the judge;
Now ICE are charging him as a AF saying he is deportable because his record shows 365 sentance for the petty larceny!!!
I an others disagree and that 'a year of weekends' is NOT a sentance of a year or a suspended year;
Any case files or history anyone - your answers are welcomed!
Sachin_Stock
02-03 02:14 PM
I do not understand the problem here! First you questioned the source and then you are saying that i am suspecting the content. If i suspect the content i won't post it here at any cost.This forum is to educate the folks not to fall prey to their employer(s)/lawyer(s) promises.
if you are open for discussion we can start with the requirements for PERM form DOL and then move on with requirements for i140 with USCIS, will be a good discussion for everybody!
There's thousands of threads that talk about porting. I don't think there's any need to re-iterate those topics again.
Specially from the crappy source you had provided.
if you are open for discussion we can start with the requirements for PERM form DOL and then move on with requirements for i140 with USCIS, will be a good discussion for everybody!
There's thousands of threads that talk about porting. I don't think there's any need to re-iterate those topics again.
Specially from the crappy source you had provided.
more...
maddipati1
07-17 04:34 PM
my wife used AP in Feb'09 end. IOs are very well aware of it, so take it easy, not a thing to worry. they do send u to secondary inspection room for sure, but didnt even take more than 5 mins for us and no questions asked. seems like they know what they are suppose to do. logically, with the # of IT immigrants in Bay area, they must be used to it.
pd_recapturing
07-09 09:51 AM
Please translate........
The title is in Hindi and it means "Labor is on sale, do you want to buy it?" The hindi line is taken from a very famous hindi song of 80s that says "groom is on sale, do you want to buy it?"
The title is in Hindi and it means "Labor is on sale, do you want to buy it?" The hindi line is taken from a very famous hindi song of 80s that says "groom is on sale, do you want to buy it?"
Atmaram
07-16 02:42 PM
I called them this morning and IO told me that my file has been assigned to an officer. What does this mean? Can anyone tell me?
Thanks
Why yes! Didn't you get the memo?
What this means is that somebody at USCIS probably ran out of TP at home.
Thanks
Why yes! Didn't you get the memo?
What this means is that somebody at USCIS probably ran out of TP at home.
akhilmahajan
02-04 11:06 AM
Yes i did. It was the same way for my dad when i was on H-1B.
I sent him the copies of my 140, 485, and EAD and also an employment letter from my new employer , as i have used AC-21.
He was asked what i am doing and he told them i am working for XYX company and has also filed his GC. The office said all the best to him and granted my dad a 10 year multiple visa. If you have any questions, please send me a message.
I hope this helps.
GO IV GO. TOGETHER WE CAN.
I sent him the copies of my 140, 485, and EAD and also an employment letter from my new employer , as i have used AC-21.
He was asked what i am doing and he told them i am working for XYX company and has also filed his GC. The office said all the best to him and granted my dad a 10 year multiple visa. If you have any questions, please send me a message.
I hope this helps.
GO IV GO. TOGETHER WE CAN.
chanduv23
09-17 02:21 PM
Numbers are changing
People are moving away from screens and coming to DC !!!
Thank You Everyone for acting
yes -- they act fast
TRAFFIC JAMS AROUND DC AREA -
TRAFFIC BUILDING ALL THE WAY UP I 95
YES - BEEAT THE TRAFFIC START NOW HEAD TOWARDS DC
People are moving away from screens and coming to DC !!!
Thank You Everyone for acting
yes -- they act fast
TRAFFIC JAMS AROUND DC AREA -
TRAFFIC BUILDING ALL THE WAY UP I 95
YES - BEEAT THE TRAFFIC START NOW HEAD TOWARDS DC
Source URL: http://cyclistatlarge.blogspot.com/2010/10/miranda-kerr-orlando-bloom-kiss.html
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