meridiani.planum
03-12 02:43 PM
One says, I can only remove my Future employer "X", who has filed for my GC, and carry my Priority Date , AFTER I get new PERM and new I140 from the new company.
Other one says, don't worry just move to new Employer and I don't need to refile PERM and I140.
Both lawyers are mentioned over 10 times on this web-site and both are VERY reputed.
I have NEVER worked for employer X, It was a future position and I may still join them.
I have approved 140 and 485 is pending for about 9 months.
EAD is approved and so is AP.
Please help guys!
you dont need to refile PERM and I-140. Since your I-140 was approved and 485 is pending for 9 months you can simply invoke AC-21 and move to another employer.
See questions 2 & 3 here:
http://www.murthy.com/news/UDac21qa.html#3
Did you ask the attorney why they think you need a new filing when you qualify for AC-21 on your existing filing? this might simply be a misunderstanding...
Other one says, don't worry just move to new Employer and I don't need to refile PERM and I140.
Both lawyers are mentioned over 10 times on this web-site and both are VERY reputed.
I have NEVER worked for employer X, It was a future position and I may still join them.
I have approved 140 and 485 is pending for about 9 months.
EAD is approved and so is AP.
Please help guys!
you dont need to refile PERM and I-140. Since your I-140 was approved and 485 is pending for 9 months you can simply invoke AC-21 and move to another employer.
See questions 2 & 3 here:
http://www.murthy.com/news/UDac21qa.html#3
Did you ask the attorney why they think you need a new filing when you qualify for AC-21 on your existing filing? this might simply be a misunderstanding...
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lvinaykumar
04-09 10:25 PM
all we can do is fight untill we get what we want..
chanduv23
12-01 06:27 AM
Guys,
If one IV member moves from State A to B, what would be the process of transferring membership to state chapter?
Will it merely be a deleting datbase record from one state and adding it to another state? Or would it be again filling up survey to new state chapter..?
Thanks.
If you are moving to the Tri State Area - we will give you a red carpet welcome into our chapter :)
If one IV member moves from State A to B, what would be the process of transferring membership to state chapter?
Will it merely be a deleting datbase record from one state and adding it to another state? Or would it be again filling up survey to new state chapter..?
Thanks.
If you are moving to the Tri State Area - we will give you a red carpet welcome into our chapter :)
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waitnwatch
07-16 02:38 PM
Wondering whether you would take a decision just based on what we amateurs have to say. At least ask this question on the "free question to attorney thread" if you are looking for an answer you can trust.
Ultimately I guess "same and similar" is a totally gray area. I donot know whether there are some guidelines for the adjudicators but that phrase can be as broadly or narrowly interpreted as the IO wants it to be.
I am currently working as a Programmer Analyst on EB3 and Using my EAD through 485.
I plan to convert to a new postition that of Senior Applications Developer where the job duties will be atleast 50% different from my existing position
But here is the problem If i am using my EAd obtained from Eb3 program Analyst position then can I work on another position which is 50% different from my existing position as per AC21 rules
Ultimately I guess "same and similar" is a totally gray area. I donot know whether there are some guidelines for the adjudicators but that phrase can be as broadly or narrowly interpreted as the IO wants it to be.
I am currently working as a Programmer Analyst on EB3 and Using my EAD through 485.
I plan to convert to a new postition that of Senior Applications Developer where the job duties will be atleast 50% different from my existing position
But here is the problem If i am using my EAd obtained from Eb3 program Analyst position then can I work on another position which is 50% different from my existing position as per AC21 rules
more...
abhishek101
05-16 03:34 PM
My wife received her green card on Friday so I think it is the latest info.
It comes by priority mail (in priority mail envelop), but no signature is required. No white envelop as old timers are suggesting.
Also the USCIS is extremely fast now a days. My wife received her green card in 5 days after finger printing (Finger printing on May 6; approval on May 9th; Green card received on May 13th) so when your dates become current and your case is straight forward you should have it in few days.
It comes by priority mail (in priority mail envelop), but no signature is required. No white envelop as old timers are suggesting.
Also the USCIS is extremely fast now a days. My wife received her green card in 5 days after finger printing (Finger printing on May 6; approval on May 9th; Green card received on May 13th) so when your dates become current and your case is straight forward you should have it in few days.
immihelp1
10-12 09:57 AM
you can show either passport or driving licence. They won't ask anything in specific.
It's your call
Thanks,
It's your call
Thanks,
more...
seltzer
02-12 03:42 PM
Yes, that is not only possible, but safer than using EAD. If your I-485 is denied for whatever reason, you still have H1-B with which to keep working. Once you use EAD, you lose H1-B status, and if I-485 is denied, you are out of status and must leave the country immediately.
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wa_Saiprasad
01-24 12:41 PM
Maybe your lawyer should jump into the well or go back to school ;)
I guess you lawer should go to school again.
I guess you lawer should go to school again.
more...
ireddy
07-18 10:31 AM
Most of my friends (self filing) sent in their applications to reach service center by July 2, haven't received the applications back. According to the USCIS memo yesterday, the last paragraph clearly indicates that the filings received earlier will be accepted and processed... Please see portion of that note below
"USCIS�s announcement today allows anyone who was eligible to apply under Visa Bulletin No. 107 a full month�s time to do so. Applications already properly filed with USCIS will also be accepted."
"USCIS�s announcement today allows anyone who was eligible to apply under Visa Bulletin No. 107 a full month�s time to do so. Applications already properly filed with USCIS will also be accepted."
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krupa
07-18 04:01 PM
What is the expected we start gettting I-485 receipt Notice
more...
nixstor
09-27 02:27 PM
That was a joke. I agree that DH on LD's show might help us. Your post sounded like DH should try to be on LD's show. No worries.
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kshitijnt
01-24 04:26 PM
I think your attorney and HR are winking at each other. Looks like this is a cheapo lawyer. Tell them that you will file H1 extension only if they apply I-140 by premium or else you will go back to India. If you are in consulting and a revenue generating employee this is the best approach. Your employer will be a FOOL not to take you seriously. Also give them a few examples of people who got 3 year extension and ask why not for you?
more...
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BumbleBee
07-18 02:10 PM
Hi SertTurk,
Its not clear from your post as to which state your/spouse's application is in. There are three phases
#1 Labor certification ( state and Federal )
#2 I-140
#3 I485 ( adjustment of status )
In order to get GC card, you need to complete all 3 phase. The VISA number applies to third/last state ( I485) only. If employee quits job during any of 3 phase, there is a very good chance he/she may not get GC through this employer. The process itself doesn't get terminated, as GC is for future job, but there is every chance the employer would either use the approved labor for another employee or not answer any rfe/query. If phase I and phase II is complete and you have filed for phase 3 and 6 months have passed, you have option to invoke AC21 and join another employer on same/similar position.
Please talk to an attorney before making any decision.
BumbleBee
Its not clear from your post as to which state your/spouse's application is in. There are three phases
#1 Labor certification ( state and Federal )
#2 I-140
#3 I485 ( adjustment of status )
In order to get GC card, you need to complete all 3 phase. The VISA number applies to third/last state ( I485) only. If employee quits job during any of 3 phase, there is a very good chance he/she may not get GC through this employer. The process itself doesn't get terminated, as GC is for future job, but there is every chance the employer would either use the approved labor for another employee or not answer any rfe/query. If phase I and phase II is complete and you have filed for phase 3 and 6 months have passed, you have option to invoke AC21 and join another employer on same/similar position.
Please talk to an attorney before making any decision.
BumbleBee
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vallabhu
11-30 10:51 AM
Thanks for your reply except for HR letter I think we sent all the mentioned documents for the first response and we are resending them back, My provisional says Mathematics and Marks list says Math may be officer got confused
I was in a similar situation.. not exaclty the same...
I had an approved I 140 and then I got the Notice of Intent To Deny, similar reason. This is what I did.
- I called my unversity and asked them to send me a detail syallbus of the courses I attended
- A letter from a third part evaluator
- An indetail letter from my HR as to what my courses where and how the courses pertain to my work.
- A detailed letter from the attorney.
looks like you do not have any thing to worry, if you took math courses and your syllabus states that then you should be ok. Make sure that you mention in very much detail and repetedly about the courses you took so that they wont miss it. Good luck I am certian you will be ok.
I was in a similar situation.. not exaclty the same...
I had an approved I 140 and then I got the Notice of Intent To Deny, similar reason. This is what I did.
- I called my unversity and asked them to send me a detail syallbus of the courses I attended
- A letter from a third part evaluator
- An indetail letter from my HR as to what my courses where and how the courses pertain to my work.
- A detailed letter from the attorney.
looks like you do not have any thing to worry, if you took math courses and your syllabus states that then you should be ok. Make sure that you mention in very much detail and repetedly about the courses you took so that they wont miss it. Good luck I am certian you will be ok.
more...
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Suva
07-19 11:43 PM
Why not? 140 is not retrogressed. Anytime you can file I-140. So if i-485 is valid between Aug 1-17 then you can file both between that dates also.
As per the last revised visa bulletin, the extension period for filling I-485 is Aug 17. But it talks about only I485 and not about I-140.
So can anyone confirm, if one can file I-140 and I-485 concurrently from Aug 1 to Aug 17.
As per the last revised visa bulletin, the extension period for filling I-485 is Aug 17. But it talks about only I485 and not about I-140.
So can anyone confirm, if one can file I-140 and I-485 concurrently from Aug 1 to Aug 17.
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jsb
11-14 11:51 AM
EAD and AP for me and spouse are online. I-485's are still not online, although FP notices are received.
more...
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uslegals
11-11 09:14 AM
Hello Friends,
My current AP expires on 2/18/11. My PD (EB-2) has been current since Sept 2010 but no sign of GC yet. I would like to renew my AP and have decided to file myself Vs using the attorney. Has anybody used the e-filing option OR is it better to send in a hard copy of the application.?
If somebody can kindly direct me to the appropriate links on IV for folks who have filed themselves - i would greatly appreciate that. Any advice on supporting documents, etc. would be really helpful.
Thanks!
My current AP expires on 2/18/11. My PD (EB-2) has been current since Sept 2010 but no sign of GC yet. I would like to renew my AP and have decided to file myself Vs using the attorney. Has anybody used the e-filing option OR is it better to send in a hard copy of the application.?
If somebody can kindly direct me to the appropriate links on IV for folks who have filed themselves - i would greatly appreciate that. Any advice on supporting documents, etc. would be really helpful.
Thanks!
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11-05 01:02 PM
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yabadaba
03-20 03:55 PM
What about all H1-B, L-1, J-1, K-1....all potential EB immigrant, pick a date and do not spend a dime on that day. That will hurt this economy and get some attention. Please do not tell me that people on H1 and L1 do not make and spend enough money.
I pledge not to spend a dime forever...in fact i cant remember the last time i spent a dime on anything...in this day and age i end up spending quarters and dollars.
I pledge not to spend a dime forever...in fact i cant remember the last time i spent a dime on anything...in this day and age i end up spending quarters and dollars.
pbojja
08-15 01:18 PM
USCIS does not know what they are doing and what the process is ..I m surprised they give information to your lawyer ...
angelfire76
06-04 02:53 PM
A friend of mine who's an account manager with Wipro said that all their H1 extensions have received multiple RFEs, with the standard wording on each RFE (client contract details, no. of people working at that location, immigration status of the people working at that location, demonstrate that the job is a specialty occupation (H1Bs for janitors anybody? ) ), client letter (even if the H1B is for a project starting 2 months down the line with a valid SOW)
Looks like the adjudicating officers have a standard template which they issue to all non-product companies as RFE. It's plain harassment that's all foolishly thinking that if we drive the H1Bs out then automatically the companies will be forced to hire locally. What they don't understand is that the companies will offshore even more work, as already being done by hiring one GC guy to co-ordinate the rest of the team in India. :rolleyes:
Looks like the adjudicating officers have a standard template which they issue to all non-product companies as RFE. It's plain harassment that's all foolishly thinking that if we drive the H1Bs out then automatically the companies will be forced to hire locally. What they don't understand is that the companies will offshore even more work, as already being done by hiring one GC guy to co-ordinate the rest of the team in India. :rolleyes:
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