kaisersose
06-26 09:01 AM
Hi,
I have posted the same issue in another thread but i did not get any response So I'm changing the title and reposting.
I have been working for my current employer from last 4 years.I have good relations with my employer.I have 140 approved and my 485 is pending for more than 180 days.Now I want to join any new employer using my EAD.But I don't want to invoke AC 21.If my dates are current again and if i get any RFE I will submit the offer letter from my old employer.
My case is I'm using EAD after 140 is approved and 485 is pending more than 180 days and joining a new employer.As GC is future employment I can always say that I will join my old employer when ever i get a GC.This way I can avoid AC 21. Also If my employer doesn't give me the offer letter I can still manage to get it from any Consulting firm with same job title and same salary.
Can any one suggest me on this?
Thanks
h12gc
If you are working for A, but respond to a RFE with an offer letter from B - for whom you have no intention of working - then you are breaking the law.
Your job with A should be similar to your Labor job and you should respond to any RFE with a copy of your offer letter from A.
I have posted the same issue in another thread but i did not get any response So I'm changing the title and reposting.
I have been working for my current employer from last 4 years.I have good relations with my employer.I have 140 approved and my 485 is pending for more than 180 days.Now I want to join any new employer using my EAD.But I don't want to invoke AC 21.If my dates are current again and if i get any RFE I will submit the offer letter from my old employer.
My case is I'm using EAD after 140 is approved and 485 is pending more than 180 days and joining a new employer.As GC is future employment I can always say that I will join my old employer when ever i get a GC.This way I can avoid AC 21. Also If my employer doesn't give me the offer letter I can still manage to get it from any Consulting firm with same job title and same salary.
Can any one suggest me on this?
Thanks
h12gc
If you are working for A, but respond to a RFE with an offer letter from B - for whom you have no intention of working - then you are breaking the law.
Your job with A should be similar to your Labor job and you should respond to any RFE with a copy of your offer letter from A.
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chitra
02-26 02:08 PM
Ok...you are slow...I mean, really slow. I do'nt communicate with this level, so dont bother replying.
GCMATRIX
08-22 09:10 PM
Got approval emails on August 14th, received approval notice by mail on August 20th, and finally got the physical green cards by mail today.:)
Please can you tell me which service centre i yours . I also got CPO mail on 08/14 and 08/15 and on 08/19/ I-485 approval sent by mail and soft lud on 08/20 ,but no physical card
Please can you tell me which service centre i yours . I also got CPO mail on 08/14 and 08/15 and on 08/19/ I-485 approval sent by mail and soft lud on 08/20 ,but no physical card
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lj_rr
07-28 07:05 PM
I efiled in 2nd week of July and got approved in 8 calendar days.Already got the notices by mail.
We are planning to go to India in the last week of September. My current AP expires by Oct 10. Hence applying for a new one. How long are AP approvals taking now a days at TSC.
Thanks in advance
-Krishna
We are planning to go to India in the last week of September. My current AP expires by Oct 10. Hence applying for a new one. How long are AP approvals taking now a days at TSC.
Thanks in advance
-Krishna
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gonecrazyonh4
05-12 03:02 PM
Please help on this situation.
LC in Backlog center
Not able to file I-140, spouse not able to work, life on hold.
Company going to file PERM in 2 months time.
Currently on H1b 6th Year and will be on 7th year in 2 weeks time
7th Year extension already received based on LC filed with priority date of
March 05
Sick and tired of current employer,Can he move to a new employer?
New employer is willing to file PERM, Is it possible for trasfer the H1B to new company ? What is the current employer revoke the LC before the PERM is processed? Will he lose status? Is there any guidelines on moving to new employer while on 7th year extension with No end in sight for GC process?
Anyone in similiar situation? Please help
LC in Backlog center
Not able to file I-140, spouse not able to work, life on hold.
Company going to file PERM in 2 months time.
Currently on H1b 6th Year and will be on 7th year in 2 weeks time
7th Year extension already received based on LC filed with priority date of
March 05
Sick and tired of current employer,Can he move to a new employer?
New employer is willing to file PERM, Is it possible for trasfer the H1B to new company ? What is the current employer revoke the LC before the PERM is processed? Will he lose status? Is there any guidelines on moving to new employer while on 7th year extension with No end in sight for GC process?
Anyone in similiar situation? Please help
rb_248
09-21 04:35 PM
Dude,
There is a loooooooooooooooooooooooooooooooooooooooooooong queue unless the rules change.
Hello,
I'm Harish. I've finished my masters in usa and working on H1-B. I applied for GC this year. Right now at 1-140 filing stage. I think I-140 should be approved in a few months. After that how long should I wait to apply for I-485?
I want to change my employer. I believe you can do that 180 days after u file for I-485. So can any1 give me an approx time when I should be able to file I-485.
With all this retrogression its really confusing and frustating to understand...
I appreciate your help.
Thanks,
Harish.
There is a loooooooooooooooooooooooooooooooooooooooooooong queue unless the rules change.
Hello,
I'm Harish. I've finished my masters in usa and working on H1-B. I applied for GC this year. Right now at 1-140 filing stage. I think I-140 should be approved in a few months. After that how long should I wait to apply for I-485?
I want to change my employer. I believe you can do that 180 days after u file for I-485. So can any1 give me an approx time when I should be able to file I-485.
With all this retrogression its really confusing and frustating to understand...
I appreciate your help.
Thanks,
Harish.
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mdipi0
11-17 09:56 PM
ok,,,this is mine. but...i never signed up. i know i didnt....weird.
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aquagirl
05-22 10:54 AM
I recently got my confirmation number from HDFC after paying $100 application fees. When I tried to take a date after filling out all the forms online on the vfs website, the system does not show any appointment November 06 onwards for New Delhi, it says: No appointment available for this month. I have to go to India in Dec and for that I have to get my H-1 stamped as this is my first time out of the country after getting an H-1.
Another Q I have is, since its both my husband and me who are going to get the stamping done, can we take 1 appointment and get our visas stamped together or do we have to take seperate appointments(we have paid for 2 visa applications).
Third Q is, my H-1 has just been filed last week and I don't know when my petition no. will come. In order to take the visa appt date, I have to enter my petition no and expiration date in the system. Does anyone know if I can take my appt without the petition no. and provide it as soon as I get it?
Thanks.
Another Q I have is, since its both my husband and me who are going to get the stamping done, can we take 1 appointment and get our visas stamped together or do we have to take seperate appointments(we have paid for 2 visa applications).
Third Q is, my H-1 has just been filed last week and I don't know when my petition no. will come. In order to take the visa appt date, I have to enter my petition no and expiration date in the system. Does anyone know if I can take my appt without the petition no. and provide it as soon as I get it?
Thanks.
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vkmurthy260
06-25 11:32 AM
If you ask for a new I 94 you can get it from POE (provided I 94 is about to expire ). I got a new one while entering from Mexico last week. went out and came back in same day .
Hope this is information is usefull.
Thanks
Kris.
Hope this is information is usefull.
Thanks
Kris.
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gc_dream07
03-04 05:14 PM
I think you can do some community service. Check with public library or school.
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gcobsessed
10-23 02:36 PM
Employment based GC is based on intent to work for sponsoring employer or similar profession. For most of us, who are retrogressed, we would have worked with sponsoring employer already for 4 to 5 years. the main issue here is whether sufficient intent existed at the time of filing 140 and 485. after having been in 485 filed status for long, it is natural for intent to change.
so, i do not see why full time MBA with 485 pending is an issue. the laws are quite unclear, for sure.
My understanding from my lawyer is that a person's intent while filing GC should be that he will work in that position "indefinitely". So, if intent changes before the application is approved, then one might argue that the application itself should be withdrawn or is invalid.
The regulations do seem clear on what kind of work one must take up immediately after GC is approved. But, how it is enforced and the consequences of not abiding by it are open to debate. It depends on the person's risk tolerance profile to act as he chooses...who knows what will happen 5+ years from now...
so, i do not see why full time MBA with 485 pending is an issue. the laws are quite unclear, for sure.
My understanding from my lawyer is that a person's intent while filing GC should be that he will work in that position "indefinitely". So, if intent changes before the application is approved, then one might argue that the application itself should be withdrawn or is invalid.
The regulations do seem clear on what kind of work one must take up immediately after GC is approved. But, how it is enforced and the consequences of not abiding by it are open to debate. It depends on the person's risk tolerance profile to act as he chooses...who knows what will happen 5+ years from now...
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avi
04-17 01:51 PM
I am currently on EAD and used AC 21. Just in case if I suspect that there might be some issue during final I 485 approval, can I have my company apply for my H1 transfer before I 485 is approved?
If I do so, what will be the status of the I 485 application after H1B transfer?
This is a bit confusing question to answer but if I apply for my H1B transfer now, what will be its validity date?
All help appreciated. Thanks all in advance.
I thought if you invoked your AC21 - you hopped on to the pending-immigrant boat leaving the non-immigrant boat altogether ... and that boat is now gone ...
To get back to a non-immigrant boat .. you may have to get a new one ... but in that case you'll have to show your intent of non-permanent stay in the US ... which your 485 would contradict anyways ...
A better option would be to have your legs in both the boats for as long as possible - i.e. transfer your H1 (and not get on to your EAD) while your 485 is still pending.
I may be wrong .. but this is how i perceive it
Peace.
If I do so, what will be the status of the I 485 application after H1B transfer?
This is a bit confusing question to answer but if I apply for my H1B transfer now, what will be its validity date?
All help appreciated. Thanks all in advance.
I thought if you invoked your AC21 - you hopped on to the pending-immigrant boat leaving the non-immigrant boat altogether ... and that boat is now gone ...
To get back to a non-immigrant boat .. you may have to get a new one ... but in that case you'll have to show your intent of non-permanent stay in the US ... which your 485 would contradict anyways ...
A better option would be to have your legs in both the boats for as long as possible - i.e. transfer your H1 (and not get on to your EAD) while your 485 is still pending.
I may be wrong .. but this is how i perceive it
Peace.
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logiclife
04-19 02:01 PM
I would advise against going outside of your district to apply.
If you are going to go via drop-box then they may not even accept your applications for stamping based on your Kerala address on your form for H1. If they do, they could very well reject it and ask you to go to Chennai consulate.
Why would you want to risk that?
If you are going to go via drop-box then they may not even accept your applications for stamping based on your Kerala address on your form for H1. If they do, they could very well reject it and ask you to go to Chennai consulate.
Why would you want to risk that?
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kriskris
07-18 05:29 PM
I have a feeling in my mind that i made some mistakes in the 485 application. I may be wrong also. My lawyer was so busy on June 29 and she asked me to fill out all the forms. I tried my best to make it as accurate as possible. My other concern is my lawyer applied for my I-140 on 6/17 and got the receipt date of 6/28 in the email. Now i am not sure whether my lawyer had included that e mail copy (Since we haven't got the receipt notice in the postal mail) with my 485 packet sent on the same day which had reached the USCIS on July 2.
Are they going to reject my application just in case if my lawyer had missed that I 140 receipt copy???????????? or are they going to accept the app and RFE. If anybody had faced the similar situation, please help me to deal with this.
Are they going to reject my application just in case if my lawyer had missed that I 140 receipt copy???????????? or are they going to accept the app and RFE. If anybody had faced the similar situation, please help me to deal with this.
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diptam
04-13 01:29 PM
I already transferred my H1 on 1st week of March within 1 day and worked on a 3-4 week project ( real Project from a good client) but now we are not been able to nail the next Project and this new company is very accurate about H1 ( they should be also ) - they will cancel my H1 after the last Pay stub.
They are trying their best and i'm trying my best but things not working out on H1B. I definitely have way more fit Jobs on EAD and that's why I posted this in the weekend.
If some real employer can transfer my H1 It will be quota exempt because I've I-140 approval.
Thats a pretty tough spot to be in. You can try finding a H1B sponsor for yourself and transfer? How about looking for a H1B sponsor for your wife? I believe the H1B quota did not fill up this time.
They are trying their best and i'm trying my best but things not working out on H1B. I definitely have way more fit Jobs on EAD and that's why I posted this in the weekend.
If some real employer can transfer my H1 It will be quota exempt because I've I-140 approval.
Thats a pretty tough spot to be in. You can try finding a H1B sponsor for yourself and transfer? How about looking for a H1B sponsor for your wife? I believe the H1B quota did not fill up this time.
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kshitijnt
10-05 02:23 AM
I went to Kanha and Bandhavgarh National parks, the last two times I had been to India. The december season is not the best one for tiger viewing, however; if you give it 2-3 days, you will see some activity.
I will recommend Bandhavgarh. Although not as accessible as Kanha, the forest has best tiger density of all Indian parks and hence improves your chance of sighting. The forest area is much smaller than Kanha, so you will see less of other wildlife, there are no bisons or barasinghas in Bandhavgarh, but you will definitely see tigers. Took 4 game drives, sighted twice, once two tigers were fighting ferociously. Captured it all like on Animal planet.
Kanha: Is a much bigger& beautiful forest, is more easily accessible. I took 3 game drives in 2008, no sightings. You have better chance of sighting other animals such as sloth bears, nilgai, bisons here. Spotting a tiger can be and in any forest will be a matter of chance. Kanha still has a tiger show in the morning in which if they see a tiger they take you by elephant to the tiger. This show is no more in play @ Bandhavgarh.
All of my 7 game drives were a thrill & most memorable experiences. You can take a flight to Jabalpur from Delhi and either forest is a 6 hr drive from there. Watching a tiger in the wild and the thrill to seek it was one of the most memorable moments of my life.
Or you can go to Kajuraho from Delhi by flight and Bandhavgargh is a 6 hr drive.
Have fun in what you do.
I will recommend Bandhavgarh. Although not as accessible as Kanha, the forest has best tiger density of all Indian parks and hence improves your chance of sighting. The forest area is much smaller than Kanha, so you will see less of other wildlife, there are no bisons or barasinghas in Bandhavgarh, but you will definitely see tigers. Took 4 game drives, sighted twice, once two tigers were fighting ferociously. Captured it all like on Animal planet.
Kanha: Is a much bigger& beautiful forest, is more easily accessible. I took 3 game drives in 2008, no sightings. You have better chance of sighting other animals such as sloth bears, nilgai, bisons here. Spotting a tiger can be and in any forest will be a matter of chance. Kanha still has a tiger show in the morning in which if they see a tiger they take you by elephant to the tiger. This show is no more in play @ Bandhavgarh.
All of my 7 game drives were a thrill & most memorable experiences. You can take a flight to Jabalpur from Delhi and either forest is a 6 hr drive from there. Watching a tiger in the wild and the thrill to seek it was one of the most memorable moments of my life.
Or you can go to Kajuraho from Delhi by flight and Bandhavgargh is a 6 hr drive.
Have fun in what you do.
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common1
01-25 06:10 PM
Visa Bulletin for February 2010 (http://www.travel.state.gov/visa/frvi/bulletin/bulletin_4611.html)
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zdash
10-26 02:32 PM
In September 2001, I came here on visitor visa with my mother and resided here till today (I was 15). I went through 4 yrs of high school, got my GED followed by an associate degree from community college and now I'm an undergrad student pursuing my bachelor degree; will graduate in a year. Meanwhile, my mother became a U.S. citizen through marriage when I was a sophomore in college, simultaneously my I-130 was approved and now waiting for the visa availability; the priority date: Dec 08, 2006, F1.
Problem is that I turned 21 on October 13, 2006 right passed the time criterion for the Child Status Protection Act which technically makes me "aged-out" by about 2 months (filing date being DEC06), so I think that I am not be qualified as an immediate relative.
Currently, the visa availability date is at 15FEB06 which is getting close to DEC06.
Few months ago, I received a letter from NVC requesting DS-3032 and I-864 forms which I've filled out and sent to them but I regarded the fact that I live in the United States on an overstayed visa!!! I should have sent them a notice to adjust my status instead of paying the $70 and $400 fees that I already paid, apparently. I am not leaving the country to interview overseas with the NVC because that would put me in a 10 year ban obviously, I also do not understand how I can adjust my status with the USCIS once the priority date becomes current when I do not have a status as of now! So, I might've done all these for nothing. I've talked to some lawyers on the phone but they have completely shut my hopes down (maybe because I haven't paid them?). I do not have the money to pay for an expensive lawyer because all my funds can barely afford my college.
On top of everything, DREAM act just got rejected from the congress as I'm getting ready to graduate from college. I have no idea what to do.
With my college degree and knowledge that I have acquired over the years, I believe that I am an inevitable asset to this country but I am deeply saddened by the fact that American Dream is not becoming a reality for me. I know I can do more for the world but I'm immobilized by the system which I don't see any loopholes to at this point. I understand the views of the Republicans but I really wish that they can give one more look at the DREAM act. We do not intentionally break the law. I would actually be a law-abiding and a model citizen if I ever become one.
Anyhow, I lost all my hopes and dream in this country at this point in time, that I think the only/best way is to move back to where I am from immediately upon graduation.
If there is any hope, your help/advice/inputs will be greatly appreciated!
Problem is that I turned 21 on October 13, 2006 right passed the time criterion for the Child Status Protection Act which technically makes me "aged-out" by about 2 months (filing date being DEC06), so I think that I am not be qualified as an immediate relative.
Currently, the visa availability date is at 15FEB06 which is getting close to DEC06.
Few months ago, I received a letter from NVC requesting DS-3032 and I-864 forms which I've filled out and sent to them but I regarded the fact that I live in the United States on an overstayed visa!!! I should have sent them a notice to adjust my status instead of paying the $70 and $400 fees that I already paid, apparently. I am not leaving the country to interview overseas with the NVC because that would put me in a 10 year ban obviously, I also do not understand how I can adjust my status with the USCIS once the priority date becomes current when I do not have a status as of now! So, I might've done all these for nothing. I've talked to some lawyers on the phone but they have completely shut my hopes down (maybe because I haven't paid them?). I do not have the money to pay for an expensive lawyer because all my funds can barely afford my college.
On top of everything, DREAM act just got rejected from the congress as I'm getting ready to graduate from college. I have no idea what to do.
With my college degree and knowledge that I have acquired over the years, I believe that I am an inevitable asset to this country but I am deeply saddened by the fact that American Dream is not becoming a reality for me. I know I can do more for the world but I'm immobilized by the system which I don't see any loopholes to at this point. I understand the views of the Republicans but I really wish that they can give one more look at the DREAM act. We do not intentionally break the law. I would actually be a law-abiding and a model citizen if I ever become one.
Anyhow, I lost all my hopes and dream in this country at this point in time, that I think the only/best way is to move back to where I am from immediately upon graduation.
If there is any hope, your help/advice/inputs will be greatly appreciated!
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Macaca
02-08 10:25 AM
US educated have a separate H1B quota. That quota takes a while to get over. Are Intel/Microsoft interested in increasing that quota only? Increasing this quota should not be as difficult.
gg_ny
02-16 06:07 PM
I bet you are kidding. If you aren't, then what I meant was various rules and regulations that come with each application, application process available from USCIS. One good way is to go to state.gov or to popular immi law education sites of lawyers (google comes handy here).
Where can I get this? Local Library ?
Where can I get this? Local Library ?
kmk2002
09-27 01:11 PM
Never recvd my FP notice. I took lawyer's copy (original) and FP was scheduled the same time/location as my wife. Our kid was not happy being there (crying) so they did our FP's on a priority.
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