pointlesswait
04-07 09:33 AM
i think ur employer/lawyer was retarded to send a check dated 2005..as far as i know.. check have a validity of 90 days..(atleast most of them do)
anyway..tough luck brother !
anyway..tough luck brother !
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mahathi
05-11 06:12 PM
Can I go to India and after the cleanace can I get the visa stamped in india?
redgreen
06-21 07:28 PM
So much of misinformation by many 'legal advisors'!
Please note that:
1. Unemployment benefits is not a public charge.
2. For getting unemployment benefits one need not be a citizen/permanent resident.
3. You don't acquire illegal stay if you have a valid I-485 pending.
Please read relevant FAQs at the USCIS webpage.
Don't rely on advices from ignorants who try to scare people!
Please note that:
1. Unemployment benefits is not a public charge.
2. For getting unemployment benefits one need not be a citizen/permanent resident.
3. You don't acquire illegal stay if you have a valid I-485 pending.
Please read relevant FAQs at the USCIS webpage.
Don't rely on advices from ignorants who try to scare people!
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zephyrr
03-20 10:51 PM
what happens when the I-140 is not approved, if one uses AC21 after 180 days of concurrent filing of I-140 and 485, does a withdrawl by the employer affect anything?
Read the Yates memo...After 180 days of I485 pending, the employer's revocation of I140 has not effect on the GC application. But I know a few cases where this was an issue, so make sure you are armed with proof like pay stubs, employment letter et al.
Read the Yates memo...After 180 days of I485 pending, the employer's revocation of I140 has not effect on the GC application. But I know a few cases where this was an issue, so make sure you are armed with proof like pay stubs, employment letter et al.
more...
mna123
07-30 09:07 PM
Thanks Kondur, your response cleared many things.
No I was not of status because I am "outside" of US and am on unpaid leave for last 3 months as my name check for H-1 is pending.
No I was not of status because I am "outside" of US and am on unpaid leave for last 3 months as my name check for H-1 is pending.
LostInGCProcess
11-06 02:54 PM
If I renew my H1B can I avoid visa stamping by using the AP travel document.
You can use AP to travel and still be on H status, provided you are working for the same employer.
I still intend to use my H1B as long as I stay with my current employer, but If I want to change employers or take a different job EAD would be the way to go, in that case would my H1B be invalidated?
Yes. However, you can ask the new employer to sponsor you H1b and avoid using EAD.
I am concerned if I use EAD for a future job and 485 gets into trouble can I fall back to my H1B easily?
Its better to maintain H1 status till you get the GC.
You can use AP to travel and still be on H status, provided you are working for the same employer.
I still intend to use my H1B as long as I stay with my current employer, but If I want to change employers or take a different job EAD would be the way to go, in that case would my H1B be invalidated?
Yes. However, you can ask the new employer to sponsor you H1b and avoid using EAD.
I am concerned if I use EAD for a future job and 485 gets into trouble can I fall back to my H1B easily?
Its better to maintain H1 status till you get the GC.
more...
USDream2Dust
07-27 01:20 PM
I am liking the answers. Also looks like my PD is sept 2006 and it would be a while before they approve my case. Meaning I can take off for couple of month go on vacation, come back, look for job, find a decent job and start working.
when in far future they approve me I need a letter from my new employer stating that I am working (not from original employer right?)
when in far future they approve me I need a letter from my new employer stating that I am working (not from original employer right?)
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hebron
08-10 11:37 AM
1. You can ask them for H1 transfer and AC21 portability of your existing EB3 GC Process.
2. You can also ask them for doing EB2 processing, some employers have policy that they will do it after 6-12 months but you should do it before joining so that they can analyze if position suits EB2 needs.
And both of the above should be done before joining a new employer because before joining you are in better bargaining position provided you rocked the interviews.
Thank you my_gc_wait.
Regarding response #1 and your comment about AC21 portability, there isn't anything the employer has to do, correct? I believe, if the new job requirements is same or similar, there should be no problem with AC21.
Also, what can I request from the employer other than the job advertisement itself as evidence to make sure the position suits EB2 requirements.
2. You can also ask them for doing EB2 processing, some employers have policy that they will do it after 6-12 months but you should do it before joining so that they can analyze if position suits EB2 needs.
And both of the above should be done before joining a new employer because before joining you are in better bargaining position provided you rocked the interviews.
Thank you my_gc_wait.
Regarding response #1 and your comment about AC21 portability, there isn't anything the employer has to do, correct? I believe, if the new job requirements is same or similar, there should be no problem with AC21.
Also, what can I request from the employer other than the job advertisement itself as evidence to make sure the position suits EB2 requirements.
more...
suratvoice
12-17 11:59 AM
What does career progression mean ?
Moving from Senior Programmer Analyst > program manager.
This is a very gray area.
Thats the problem, I read a quote somewhere that the Ac-21 is designed to be vague so that there is a lot of leeway - if it was specific then it would be too limiting.
but since there is hardly any precedent, new people are worried. now this is also on an off chance that there will be an RFE, based on what i read, there might not even be an RFE. i see that you have PMP, so do I, maybe thats one of the reasons i got this job...
so the question remains... is career progression
from
programmer/ software engineer/ software developer/ programmer analyst
to
project manager/ program manager/ product manager
possible?
We know that it is logical that as a person gets senior, more responsibilities are put on. some prefer to stay on the hard core technical side but some prefer not to.. nothing wrong with either approaches.
experts/attorneys/experienced people.. your opinion??
Moving from Senior Programmer Analyst > program manager.
This is a very gray area.
Thats the problem, I read a quote somewhere that the Ac-21 is designed to be vague so that there is a lot of leeway - if it was specific then it would be too limiting.
but since there is hardly any precedent, new people are worried. now this is also on an off chance that there will be an RFE, based on what i read, there might not even be an RFE. i see that you have PMP, so do I, maybe thats one of the reasons i got this job...
so the question remains... is career progression
from
programmer/ software engineer/ software developer/ programmer analyst
to
project manager/ program manager/ product manager
possible?
We know that it is logical that as a person gets senior, more responsibilities are put on. some prefer to stay on the hard core technical side but some prefer not to.. nothing wrong with either approaches.
experts/attorneys/experienced people.. your opinion??
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iqube00
04-24 01:48 PM
my EAD is about to expire on may 6th. I applied for EAD renewal in january , i had around 90 days. My application package along with the cheque came back to me after 1month because I forgot to sign the application form.. Dumb right....
Then i signed my form and send it back to TSC . So i was in a bad situation becuase my employer said if i do not get my EAD card before it expires, they will have to lay me off. So here is what i did , i contacted my local Congressman's office through their website and raised a request to expedite my case and stated if i do not get my EAD i will loose my job.
Surprisingly i got a mail from the congressman office that they are looking into my case and they will take it forward... and after a week i got a mail from USCIS saying my case is approved . So if someone is in my kind of situation its better to go through congressman or senator rather than info pass all that route.. Politics and politicians speak in a different language and so it always wins!!!
You are lucky. My EAD has expired and I sent an expedite request through my local congressman. They denied my request saying that they will not expedite because the 90 day window was not up yet.
Then i signed my form and send it back to TSC . So i was in a bad situation becuase my employer said if i do not get my EAD card before it expires, they will have to lay me off. So here is what i did , i contacted my local Congressman's office through their website and raised a request to expedite my case and stated if i do not get my EAD i will loose my job.
Surprisingly i got a mail from the congressman office that they are looking into my case and they will take it forward... and after a week i got a mail from USCIS saying my case is approved . So if someone is in my kind of situation its better to go through congressman or senator rather than info pass all that route.. Politics and politicians speak in a different language and so it always wins!!!
You are lucky. My EAD has expired and I sent an expedite request through my local congressman. They denied my request saying that they will not expedite because the 90 day window was not up yet.
more...
venky_handsy
03-07 10:46 PM
you are fine. if you are on vacation for x number of hours...that is fine.
they will see per month salary ..or per hour salary matches your labor wages...be kool.
they will see per month salary ..or per hour salary matches your labor wages...be kool.
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morchu
05-20 11:09 PM
The suggested method is to file a new I140 after the EB2 LC approval, along with the older I140 approval notice and a request letter quoting the related law and claiming the older priority date.
Never heard of amending an already approved I140 to a new LC.
Hi,
My employer initially filed perm and I-140 in EB3 with priority date of Dec,2005.
As I qualified for EB2 (have Master's degree), my employer's attorney is filing new EB2 perm, and he is saying that he can port the earlier priority date of EB3 after getting the approval of EB2 perm application and don�t need to file I 140 again as we already have approval for EB3 I 140 which can be converted to EB2 with new priority date.
Is it possible to have EB2 category and old priority date without refiling new I-140 ?
Thanks.
Never heard of amending an already approved I140 to a new LC.
Hi,
My employer initially filed perm and I-140 in EB3 with priority date of Dec,2005.
As I qualified for EB2 (have Master's degree), my employer's attorney is filing new EB2 perm, and he is saying that he can port the earlier priority date of EB3 after getting the approval of EB2 perm application and don�t need to file I 140 again as we already have approval for EB3 I 140 which can be converted to EB2 with new priority date.
Is it possible to have EB2 category and old priority date without refiling new I-140 ?
Thanks.
more...
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go_guy123
01-11 09:47 AM
The second part also sounds pretty reasonable to me:
This PAV would be issued upon successful completion of an application process that would involve the following:
1. Providing documentary evidence (school records, doctor�s records, etc.) that the applicant was in the United States before he or she reached their thirteenth birthday and be no older than twenty-five at the time they file their application;
2. Background checks for any prior convictions involving fraud, assault, reckless driving or DWI, failure to appear at any immigration hearing, or any past record of voluntary or involuntary deportation. Any such convictions would lead to a presumption of an unsuccessful application;
3. Evidence of the withholding of any relevant information, or submitting false information would result in the automatic failure of an application. Any failure of an application would result in the applicant returning to his previous immigration status;
4. Failure of an application due to withholding information or providing false information would subject the applicant to expedited removal proceedings;
5. Waivers of any requirement connected with the application process could only be made on a case by case basis by the Secretary of the Department of Homeland Security setting out in detail the "compelling evidence" underlying such a waiver and the evidence used to support such a determination.
The Permanent Administrative Visa would carry with it the following authorizations:
1. PAV holders would be allowed to legally work and obtain a U.S. passport (on the condition of turning in any other passports) for foreign travel;
2. It would allow holders to establish residency in any state according to that state's requirements and be on equal footing with other legal immigrants with regard to state and local laws and policies;
The Permanent Administrative Visa would carry with it the following prohibitions:
1. Holders of the PAV would not be able to sponsor family members and relatives for LPR status;
2. Holding an PAV would not imply any safe harbor for applicant's family members;
3. Holders of PAVs would not be eligible to receive means-tested public welfare benefits;
4. Holders of PAVs would not be able to adjust their immigration status for a period of 10 years and then only through an administrative hearing in which the holder presented compelling evidence that such an adjustment is in the public interest. Such evidence would consist of, but not be limited to, applicant's work history, community service, military service, family circumstances, and the results of policy and security checks.
A One-time Only Policy: Consistent with the knowledge that adjusting the status of illegal immigrants brings with it the expectation that adjustments of the same kind will be made in the future, the language authorizing this initiative will explicitly state that:
1. That no further adjustments to legal status will be made for children brought into the country illegally after the date on which this bill becomes law;
2. That parents who bring their young children into the country illegally after the date of enactment will be subject to expedited removal proceedings.
This is still riddled with amnesty....more punitive versions will surely come which the democratic party will oppose for sure.
This PAV would be issued upon successful completion of an application process that would involve the following:
1. Providing documentary evidence (school records, doctor�s records, etc.) that the applicant was in the United States before he or she reached their thirteenth birthday and be no older than twenty-five at the time they file their application;
2. Background checks for any prior convictions involving fraud, assault, reckless driving or DWI, failure to appear at any immigration hearing, or any past record of voluntary or involuntary deportation. Any such convictions would lead to a presumption of an unsuccessful application;
3. Evidence of the withholding of any relevant information, or submitting false information would result in the automatic failure of an application. Any failure of an application would result in the applicant returning to his previous immigration status;
4. Failure of an application due to withholding information or providing false information would subject the applicant to expedited removal proceedings;
5. Waivers of any requirement connected with the application process could only be made on a case by case basis by the Secretary of the Department of Homeland Security setting out in detail the "compelling evidence" underlying such a waiver and the evidence used to support such a determination.
The Permanent Administrative Visa would carry with it the following authorizations:
1. PAV holders would be allowed to legally work and obtain a U.S. passport (on the condition of turning in any other passports) for foreign travel;
2. It would allow holders to establish residency in any state according to that state's requirements and be on equal footing with other legal immigrants with regard to state and local laws and policies;
The Permanent Administrative Visa would carry with it the following prohibitions:
1. Holders of the PAV would not be able to sponsor family members and relatives for LPR status;
2. Holding an PAV would not imply any safe harbor for applicant's family members;
3. Holders of PAVs would not be eligible to receive means-tested public welfare benefits;
4. Holders of PAVs would not be able to adjust their immigration status for a period of 10 years and then only through an administrative hearing in which the holder presented compelling evidence that such an adjustment is in the public interest. Such evidence would consist of, but not be limited to, applicant's work history, community service, military service, family circumstances, and the results of policy and security checks.
A One-time Only Policy: Consistent with the knowledge that adjusting the status of illegal immigrants brings with it the expectation that adjustments of the same kind will be made in the future, the language authorizing this initiative will explicitly state that:
1. That no further adjustments to legal status will be made for children brought into the country illegally after the date on which this bill becomes law;
2. That parents who bring their young children into the country illegally after the date of enactment will be subject to expedited removal proceedings.
This is still riddled with amnesty....more punitive versions will surely come which the democratic party will oppose for sure.
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h1bmajdoor
11-10 02:00 PM
Hi ,
My 180 days have passed and I have an approved 140. My job was filed in 2002 in EB2 as s/w engg. In this job i moved to project manager in IT. Now I am getting a job offer for an awesome company, nice pay and as a program manager. the role is still in IT but it will be more managing.
Would this be a safe bet to take by choosing AC-21?
Please reply. i need to respond to them in a couple of days....
/* I am not a lawyer - this is obvious but I have to put a disclaimer to satisfy some members here - anyway it is your life and you have to think and take the decisions */
IMO you should be OK. just don't do anything foolish like telling INS about your AC 21, and keep doing some technical work once in a while to justify your 140.
Unless you take risks you will not gain anything.
My 180 days have passed and I have an approved 140. My job was filed in 2002 in EB2 as s/w engg. In this job i moved to project manager in IT. Now I am getting a job offer for an awesome company, nice pay and as a program manager. the role is still in IT but it will be more managing.
Would this be a safe bet to take by choosing AC-21?
Please reply. i need to respond to them in a couple of days....
/* I am not a lawyer - this is obvious but I have to put a disclaimer to satisfy some members here - anyway it is your life and you have to think and take the decisions */
IMO you should be OK. just don't do anything foolish like telling INS about your AC 21, and keep doing some technical work once in a while to justify your 140.
Unless you take risks you will not gain anything.
more...
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JunRN
08-11 06:00 PM
True. But USCIS doesn't care anymore because I-140 is already approved. The ability to pay is for I-140, not for AOS. There is no point for USCIS to get the ability to pay for AC21 cases because the adjudication is based on the approved I-140. If you will read the USCIS guidelines on this, it explains the reasons why.
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dtekkedil
07-02 05:20 PM
Hello Folks,
We have all been victims of a cruel joke played by DOS and USCIS! We should not stand by and do nothing!
We should call the new organizations and let them know... make sure that they cover this fisco!
But, I want to see this issue in the news not just for a day or two. The one thing that will catch people's attention is we do something OUT of the way!
I support one suggestion put forward by one of our members - Go the Munnabhai way! Send them flowers! Do you guy have any idea what kind of news that will be? If USCIS suddenly receive 1000s of flowers everyday? Granted we will be spending money from our pockets but that is a small price to pay to make our woes known to others!
So, if people are interested... let us start a send a flower a day campaign!
We have all been victims of a cruel joke played by DOS and USCIS! We should not stand by and do nothing!
We should call the new organizations and let them know... make sure that they cover this fisco!
But, I want to see this issue in the news not just for a day or two. The one thing that will catch people's attention is we do something OUT of the way!
I support one suggestion put forward by one of our members - Go the Munnabhai way! Send them flowers! Do you guy have any idea what kind of news that will be? If USCIS suddenly receive 1000s of flowers everyday? Granted we will be spending money from our pockets but that is a small price to pay to make our woes known to others!
So, if people are interested... let us start a send a flower a day campaign!
more...
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sgupta33
03-20 03:23 PM
Hello All,
I am planning on using AC21 to port to a new job. Is it possible for my employer to revoke the I-140 after the 180 days have elapsed?
Thanks.
I am planning on using AC21 to port to a new job. Is it possible for my employer to revoke the I-140 after the 180 days have elapsed?
Thanks.
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raydhan
05-24 08:24 AM
Thanks everyone.
I am just glad to be a part of this effort. Thanks for all the encouragement and support.
Regards,
Salil
I am just glad to be a part of this effort. Thanks for all the encouragement and support.
Regards,
Salil
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jscris
July 15th, 2004, 12:58 PM
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sunny1000
06-19 03:00 PM
My case is already at the embassy since march 2007? Not sure when they schedule interview ?does anyone know the time lines.
Did you check the Embassy website? They post the interview dates for all the applicants scheduled for the following month. You can email them or call them and I am sure they will respond.
Did you check the Embassy website? They post the interview dates for all the applicants scheduled for the following month. You can email them or call them and I am sure they will respond.
ivy55
07-17 09:26 PM
How did you open Expedite SR, I opened SR nearly five times, took two InfoPass, yet not FP ?
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