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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zico123
06-16 09:28 PM
I have my I-20 from University X, but I don't have the I-20 form from University Y.
Contact the International Students Office in University Y. Most colleges keep a copy of your I20. You can use that copy.
Also, SEVIS has a record of all the I20s issued to you and the colleges and degrees you completed.
Contact the International Students Office in University Y. Most colleges keep a copy of your I20. You can use that copy.
Also, SEVIS has a record of all the I20s issued to you and the colleges and degrees you completed.
javadeveloper
06-22 08:45 AM
Hello,
I got my EAD through my primary Employer. I am currently working on EAD but with a different Employer (NY State Agency) who doesn�t encourage GC processing, so did not file my AC21 and been working for over a year now. I still have good rapport with my primary Employer. Now I am scheduled to go to INDIA for few weeks, my question is " whom should I say is my Employer " if the immigration officer asks me at the port of entry (JFK). Please advise as I will be carrying my current pay stubs.
Thank you
Tell the truth.AC21 is not mandatory.
I got my EAD through my primary Employer. I am currently working on EAD but with a different Employer (NY State Agency) who doesn�t encourage GC processing, so did not file my AC21 and been working for over a year now. I still have good rapport with my primary Employer. Now I am scheduled to go to INDIA for few weeks, my question is " whom should I say is my Employer " if the immigration officer asks me at the port of entry (JFK). Please advise as I will be carrying my current pay stubs.
Thank you
Tell the truth.AC21 is not mandatory.
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thomachan72
05-10 02:06 PM
More like an idle mind ;)
Thanks. I started thinking whether the devil infact has grown more powerful that he is seeking new territory:D:D:D
Thanks. I started thinking whether the devil infact has grown more powerful that he is seeking new territory:D:D:D
more...
gps001
02-23 02:34 PM
Hi,
1. I have my I-140 approved, applied for I-485 and have EAD/AP
2. Spouse has her own H1-B, and applied for I-485, based on my I-140, and has EAD/AP
3. Both have 6 years of H1-B expiring later this year (both from different companies)
I can extend my H1-B based on pending applications.
QUESTION 1: Can my wife extend her H1-B (beyond 6th year) based on her pending I-485?
My present H1-B expires in November, but I will probably get my new H1-B renewed by June. I intend to travel in September. I don't intend to go for visa stamping and not use my AP. This is because I have a valid stamp until November.
Question: When I am at the port of entry, I will have my old H1-B valid for 2 more months and also the visa stamp valid for 2 more months, but a new H1-B I-797 is already approved. Will this cause a problem?
Thanks.
1. I have my I-140 approved, applied for I-485 and have EAD/AP
2. Spouse has her own H1-B, and applied for I-485, based on my I-140, and has EAD/AP
3. Both have 6 years of H1-B expiring later this year (both from different companies)
I can extend my H1-B based on pending applications.
QUESTION 1: Can my wife extend her H1-B (beyond 6th year) based on her pending I-485?
My present H1-B expires in November, but I will probably get my new H1-B renewed by June. I intend to travel in September. I don't intend to go for visa stamping and not use my AP. This is because I have a valid stamp until November.
Question: When I am at the port of entry, I will have my old H1-B valid for 2 more months and also the visa stamp valid for 2 more months, but a new H1-B I-797 is already approved. Will this cause a problem?
Thanks.
waitingnwaiting
05-20 05:10 PM
What exactly does "OP" stand for?
Om Prakash
Om Prakash
more...
gnutin
05-05 03:46 PM
Thanks to everyone who responded. So in summary, it looks like:
* I can own a business on H1B.
* I cannot take any proceeds/profits from the business, but can use it to grow it further.
* I can work for the business as long as I don't take any money from it.
- Can a guru please confirm this?
* The business can buy me equipment and accessories to work.
As everyone suggested, I will consult a CPA and immigration lawyer to confirm but wanted to get some initial idea.
* I can own a business on H1B.
* I cannot take any proceeds/profits from the business, but can use it to grow it further.
* I can work for the business as long as I don't take any money from it.
- Can a guru please confirm this?
* The business can buy me equipment and accessories to work.
As everyone suggested, I will consult a CPA and immigration lawyer to confirm but wanted to get some initial idea.
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ita
11-12 09:42 AM
My wife's EAD was also sent back even though we haven't moved. She got all her other receipts. I didn't have her name in the mail box. Wondering if it is the reason but again she got all her receipts, ad parole. We called USCIS they opened a Service Request. It will take a month minimum.
What is the # u called to talk to CSR?
What is the # u called to talk to CSR?
more...
number30
10-22 04:47 AM
Your wife can't change her status because she is not currently maintaining status if the H-1B was approved as a change of status. CIS will only approve a change of status with proof that the applicant has maintained status. She needs to leave the US and return in H-4 status to effect H-4 status. She has been out of status since October 2008.
If the company has revoked the H1 prior to the start date does she still needs to apply for H1 to H4?
If the company has revoked the H1 prior to the start date does she still needs to apply for H1 to H4?
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JunRN
12-17 06:57 PM
Almost always, AC21 can trigger an RFE or interview. There's always a risk in filing AC21. First, your new employment may not match your LC therefore your GC will be denied. Second, the new employer is banned by USCIS and that is not in your knowledge. Lastly, AC21 rule may change anytime because the standing rule is just a memo from previous USCIS chief. If that changes and you're in the middle of it, you might find yourself ineligible.
If I were you, I will not change employment. If that is not an option and you have to for some reasons, file AC21 and make sure that your next employer is not banned by USCIS, willing to go through AC21, meaning provide you with documents, and be ready to receive an RFE or request for interview.
If I were you, I will not change employment. If that is not an option and you have to for some reasons, file AC21 and make sure that your next employer is not banned by USCIS, willing to go through AC21, meaning provide you with documents, and be ready to receive an RFE or request for interview.
more...
gene77
11-06 01:33 PM
This topic has been discussed a zillion times in this forum. Please search all the threads.
Any news/LUDs on you I-485 yet pd_recapturing? Your lawyer sent the interfile request some weeks ago right? I'm still awaiting approval of my 2nd I-140.
Any news/LUDs on you I-485 yet pd_recapturing? Your lawyer sent the interfile request some weeks ago right? I'm still awaiting approval of my 2nd I-140.
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sanju_dba
07-17 11:03 AM
can you tell these...
I am still using H1 ( valid thru sept 09 ), and have EAD ( AOS pending ) under EB3 ( PD is Oct 2003). Still with same company.
Over years my responsibilities increased, ( DBA to DataArchitect ) and 1 new employee reporting to me. Will these factors help me move to EB2 ? what will be the procedure?
Please advice.
Thanks
I am still using H1 ( valid thru sept 09 ), and have EAD ( AOS pending ) under EB3 ( PD is Oct 2003). Still with same company.
Over years my responsibilities increased, ( DBA to DataArchitect ) and 1 new employee reporting to me. Will these factors help me move to EB2 ? what will be the procedure?
Please advice.
Thanks
more...
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alterego
11-02 03:42 PM
Dear President Elect _______
Congratulations sir, on your election to the Presidency of the United States of America. It has truly been inspirational for me to follow your campaign.
As a legal immigrant to this country, my one regret this season is that after nearly 10 yrs in this country, I was unable to participate in this process by actually voting. In fact, I am yet to be the beneficiary of a green card. I am caught up in the quagmire that is our legal immigration system. Yet, I understand fully that this does not represent the spirit of America, so I keep hoping.
I have been waiting patiently for many years and following all the rules set forth. Though there are many pressing issues to be dealt with, I hope that you would make the issue of addressing legal immigration reform and transparency, one of your administration's early priorities. As you are aware this issue is also critically linked to economic competitiveness and global economic leadership. I feel certain that your bi-partisan leadership can accomplish sensible reform quickly.
Respectfully,
Congratulations sir, on your election to the Presidency of the United States of America. It has truly been inspirational for me to follow your campaign.
As a legal immigrant to this country, my one regret this season is that after nearly 10 yrs in this country, I was unable to participate in this process by actually voting. In fact, I am yet to be the beneficiary of a green card. I am caught up in the quagmire that is our legal immigration system. Yet, I understand fully that this does not represent the spirit of America, so I keep hoping.
I have been waiting patiently for many years and following all the rules set forth. Though there are many pressing issues to be dealt with, I hope that you would make the issue of addressing legal immigration reform and transparency, one of your administration's early priorities. As you are aware this issue is also critically linked to economic competitiveness and global economic leadership. I feel certain that your bi-partisan leadership can accomplish sensible reform quickly.
Respectfully,
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raviram1980
01-15 10:58 AM
Thanks a lot for your reply. Can I request the consulate here at New Delhi to give back my passport and I-797 which I submitted to them ?
Regards,
Ravi
Regards,
Ravi
more...
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plreddy
08-11 09:59 AM
One More from 2006.
PD 30 Mar 2006.
RD 07/03/07
ND 09/05/07.
PD 30 Mar 2006.
RD 07/03/07
ND 09/05/07.
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techbuyer77
06-12 05:27 PM
i am currently legally working with the new employer.
My queston is how likely is to get approved before 180 days
My queston is how likely is to get approved before 180 days
more...
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raysaikat
11-30 09:51 AM
Thank you very much for the replies.
Right now I am leaning towards cancelling my trip, even though it is going to cost me the entire price of the ticket, besides of course the immeasurable cost of not visiting home.
About the suggestion of hiring a lawyer, can an immigration lawyer here in the US help me in any way with a situation (the renewal interview) and an all-powerful person (the interviewer) half-way across the world? I can see how a lawyer may help smooth this problem if I were changing status while in the country (say from F1 to H1), but I don't see how a lawyer would help with my visa renewal...perhaps I just don't understand the extent to which a lawyer may be able to help. Is my question clear?
Again, thank you for the advice.
The lawyer will be able to tell you (i) what is the legal implication of your charge in regard to F-1, (ii) statute of limitations of your charges, (iii) how long the records are kept (there are levels of access and with time some charges go down the levels). A lawyer gives you legal counsel (suggestions/appraisals); they are not supposed to "do" stuff for you, nor take decisions for you. You pay your lawyer simply for reliable information (and paperworks, usually).
Right now I am leaning towards cancelling my trip, even though it is going to cost me the entire price of the ticket, besides of course the immeasurable cost of not visiting home.
About the suggestion of hiring a lawyer, can an immigration lawyer here in the US help me in any way with a situation (the renewal interview) and an all-powerful person (the interviewer) half-way across the world? I can see how a lawyer may help smooth this problem if I were changing status while in the country (say from F1 to H1), but I don't see how a lawyer would help with my visa renewal...perhaps I just don't understand the extent to which a lawyer may be able to help. Is my question clear?
Again, thank you for the advice.
The lawyer will be able to tell you (i) what is the legal implication of your charge in regard to F-1, (ii) statute of limitations of your charges, (iii) how long the records are kept (there are levels of access and with time some charges go down the levels). A lawyer gives you legal counsel (suggestions/appraisals); they are not supposed to "do" stuff for you, nor take decisions for you. You pay your lawyer simply for reliable information (and paperworks, usually).
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admin
05-20 08:32 AM
There is so much to read about the happenings around this topic. How are we faring so far? Thank you for all the hard work!
Every day's Senate proceedings appear in our member's only forum - http://immigrationvoice.org/forum/forumdisplay.php?f=14
Every day's Senate proceedings appear in our member's only forum - http://immigrationvoice.org/forum/forumdisplay.php?f=14
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seahawks
07-27 03:13 PM
Even though receipts are generated based on received date, I assume they will process by priority date , if not what is use of priority date after filing I-485?
Gurus, any body know how USCIS will process 485 applications?
if visa dates are current or available per country limit, receive date will be, if retrogressed, the PD on or before cut off date will be the order.
Gurus, any body know how USCIS will process 485 applications?
if visa dates are current or available per country limit, receive date will be, if retrogressed, the PD on or before cut off date will be the order.
nshantha
07-18 02:36 PM
Why you want to mad on him, What is there to become mad on him.
Sorry admin, I got mad at this guy.
Sorry admin, I got mad at this guy.
roseball
01-06 10:27 PM
Has anyone claimed unemployment benefits in EAD in TX state after being laid off? Can you please tell whats the procedure. I do not want to get into the debate of whether UB can be claimed while in AOS state? I just need to know the procedure. Thanks.
Yes, one of my colleagues in Dallas applied as he was unemployed for more than 8 months before he landed another job. However, the reason he applied is he was ok with having to go back to his home country incase of any complications. He is still is US and is happily employed.....This doesn't mean someone wont run into trouble by applying for benefits while in AOS.....Just sharing what I know....
Yes, one of my colleagues in Dallas applied as he was unemployed for more than 8 months before he landed another job. However, the reason he applied is he was ok with having to go back to his home country incase of any complications. He is still is US and is happily employed.....This doesn't mean someone wont run into trouble by applying for benefits while in AOS.....Just sharing what I know....
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