roseball
11-14 10:43 AM
If you are coming back to US to work for the same H1 employer, then re-entering on AP does not invalidate your H1. Yes, after coming back you can file for a H1 COE petition.
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ARUNRAMANATHAN
06-20 08:50 AM
If it is approved don't wait for the actual paper to arrive. You can apply 140/485 right away and USCIS will contact DOL for your LC papers. That's what I am doing. Don't wait just apply!
See the Requirements for the same ....
Lot of Documentation needed; look at the theard for 485/EAD filing
In the mean time you could wait for the Physical Paper and consult with your attorney to see how u could file it ...
One of my friend is in the same situvation and this is the way we are proceeding !
See the Requirements for the same ....
Lot of Documentation needed; look at the theard for 485/EAD filing
In the mean time you could wait for the Physical Paper and consult with your attorney to see how u could file it ...
One of my friend is in the same situvation and this is the way we are proceeding !
synergy
12-03 10:10 PM
If I am going to get a new H1B ,do I still need to invoke AC21?
I am also in same boat, I was gathering information on the same and found different solutions.
1)To be on safer side you can transfer H1B and also invoke AC21 to the new employer, if the new employer is willing to support,
2)If H1B is not revoked by the old employer then Yes , you can work on EAD or H1B for the same old employer
3) since I140 is approved for more then 6 months, you are safe, he may not have options to revoke I140.
4)If you have validity of H1B stamping on your passport then no need of using AP as well to go in and out of country, even after using EAD.
please advice on the same, good questions synergy.
I am also in same boat, I was gathering information on the same and found different solutions.
1)To be on safer side you can transfer H1B and also invoke AC21 to the new employer, if the new employer is willing to support,
2)If H1B is not revoked by the old employer then Yes , you can work on EAD or H1B for the same old employer
3) since I140 is approved for more then 6 months, you are safe, he may not have options to revoke I140.
4)If you have validity of H1B stamping on your passport then no need of using AP as well to go in and out of country, even after using EAD.
please advice on the same, good questions synergy.
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mambarg
07-27 02:01 PM
Thanks.
I wish I should I have acted against the USCIS notice on july 2nd saying they will reject. I should have listened to Rajiv khanna website who was saying that the app should be filed even if it was sent back.
But my attorney said its no use to beat the system and I should wait till october.
I listened and kept quite for few days and later decided on July 16th that What the heck !!!. Let us submit even if it is returned and went ahead.
Every day matters as the counter is 180 days. It is like a time bomb clock.
I think now we can just mark on our calendars the 180 days which includes some months of 31 days and mark exactly the date and time and plan to celeberate it to fulliest.
I wish I should I have acted against the USCIS notice on july 2nd saying they will reject. I should have listened to Rajiv khanna website who was saying that the app should be filed even if it was sent back.
But my attorney said its no use to beat the system and I should wait till october.
I listened and kept quite for few days and later decided on July 16th that What the heck !!!. Let us submit even if it is returned and went ahead.
Every day matters as the counter is 180 days. It is like a time bomb clock.
I think now we can just mark on our calendars the 180 days which includes some months of 31 days and mark exactly the date and time and plan to celeberate it to fulliest.
more...
dontcareanymore
06-18 02:38 PM
I am assuming your GC is "employment based".
If so , the basis of your GC application and hence I485 is your employment. The moment you don't have employment , you loose the basis for your application.
By applying for the benefits , you are risking your application for GC. I thought there was a case where a person got denial based on their application for unemployment benefits.
If so , the basis of your GC application and hence I485 is your employment. The moment you don't have employment , you loose the basis for your application.
By applying for the benefits , you are risking your application for GC. I thought there was a case where a person got denial based on their application for unemployment benefits.
tnite
08-09 10:39 PM
bump
more...
dask
04-20 07:55 PM
Just got my passport renewed at SF.
Applied in person and opted to get it back in the mail.
Got it in hand exactly in a week from application date...(pretty smooth)....
And i used 2X2 in photo instead of 3.5X3.5 cms....both are ok.
They will adjust it properly in your passport for you...
All the best.
Hi All,
I am scheduled to visit India in July-09 and comeback in August-09 this year, My passport expires on Nov 2009. I will be using AP and also I have H1b stamp valid till may 27 th 2010.Is it necessary to renew the passport now or I can do it after I come back from India, is there any rule that your passport has to be valid for more than 6 months while enetring US?Please advice
Thanks
EB3-I
PD Jan 2002
I-140 cleared in 2006
I-485 received date Aug27 2007
Applied in person and opted to get it back in the mail.
Got it in hand exactly in a week from application date...(pretty smooth)....
And i used 2X2 in photo instead of 3.5X3.5 cms....both are ok.
They will adjust it properly in your passport for you...
All the best.
Hi All,
I am scheduled to visit India in July-09 and comeback in August-09 this year, My passport expires on Nov 2009. I will be using AP and also I have H1b stamp valid till may 27 th 2010.Is it necessary to renew the passport now or I can do it after I come back from India, is there any rule that your passport has to be valid for more than 6 months while enetring US?Please advice
Thanks
EB3-I
PD Jan 2002
I-140 cleared in 2006
I-485 received date Aug27 2007
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EB3_SEP04
08-27 05:33 PM
Hi,
My company filed for I-140 around Dec-2007. During first week of Sep-2008 USCIS case status page was showing "I-140 is approved". After that since third week of Sep-2008 case status page is showing "Documents mailed to applicant".
But neighter my lawyer not my employer had received the approval notice in mail.
How to obtain the duplicate or copy of this approved I-140? What form need to be submitted? where? and how much time it takes?
Thanks,
Even an entry level lawyer knows how to request\obtain a document that USCIS has sent but is not received. I suspect they are not telling the truth because they don't want to give you a copy.
If the lawyer simply calls USCIS 800 number on the I-140 receipt notice and provides relevent information they would at least send a COPY if not original or duplicate.
My company filed for I-140 around Dec-2007. During first week of Sep-2008 USCIS case status page was showing "I-140 is approved". After that since third week of Sep-2008 case status page is showing "Documents mailed to applicant".
But neighter my lawyer not my employer had received the approval notice in mail.
How to obtain the duplicate or copy of this approved I-140? What form need to be submitted? where? and how much time it takes?
Thanks,
Even an entry level lawyer knows how to request\obtain a document that USCIS has sent but is not received. I suspect they are not telling the truth because they don't want to give you a copy.
If the lawyer simply calls USCIS 800 number on the I-140 receipt notice and provides relevent information they would at least send a COPY if not original or duplicate.
more...
greensignal
08-22 11:06 AM
You applied at the right service center TSC. I also live in NC and applied on July 25th at TSC and got the Receipt notices.
Did you check the processing dates for TSC for I765? I think currently they are processing applications applied before April 16, 2008.
So dont worry.. But you may call TSC Service center for any status
Did you check the processing dates for TSC for I765? I think currently they are processing applications applied before April 16, 2008.
So dont worry.. But you may call TSC Service center for any status
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ha002
06-15 06:05 PM
I am on F1 -OPT and my husband wants to apply for EAD...we are totally confused..i ma talking to my present compnay lawyers and my husbands compnay lawyers, they said it should be OK.... But i am not convinced.... they say there is alwys arisk involved..but it is a chance that we have to take.... i will keep you posted when i make a decision..lot of my frinds are in teh same position..so will tell you about otehr facts which i come across
more...
GCAmigo
07-23 04:41 PM
My PERM was filed last November & Audit was replied in Feb'08.. still no no news..
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gcwatchdog
11-20 12:32 PM
It,s better to have all the paystubs for easy employer switch(AC21).
You should prepare for sacrifice holding payment.....or feel like you are on vacation...
You should prepare for sacrifice holding payment.....or feel like you are on vacation...
more...
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harikris
12-05 09:56 PM
Hi maverick_iv and smuggymba - thanks to you both. between you two, all my Qs are answered.
I will mail the app and then go visit the embassy after 10 days - i think that will be more effective.
Thanks.
I will mail the app and then go visit the embassy after 10 days - i think that will be more effective.
Thanks.
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nat23
03-14 02:19 PM
hello,
My mother has 10 yr multiple entry visa. She is planning to travel from Bangalore India to USA through Lufthansa Airways. She has a stop over at Frankfurt airport for about 3 hrs. Does she need to get a transit visa for that. Any recent experience or suggestion? Thanks.
When is your mother coming over? Whats her port of entry? My wife will be coming from Bangalore on May 20th through Lufthansa.
To answer your question: You DONT need a transit visa if you have a valid US visa.
My mother has 10 yr multiple entry visa. She is planning to travel from Bangalore India to USA through Lufthansa Airways. She has a stop over at Frankfurt airport for about 3 hrs. Does she need to get a transit visa for that. Any recent experience or suggestion? Thanks.
When is your mother coming over? Whats her port of entry? My wife will be coming from Bangalore on May 20th through Lufthansa.
To answer your question: You DONT need a transit visa if you have a valid US visa.
more...
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jfredr
07-27 09:46 AM
Good one
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furiouspride
08-03 06:22 PM
When I open this post the AD on the top of the page said "zero calorie noodles" ha ha I could not resist I had to write a few lines...
Dude - Life is too short, eat drink and be merry :p when you become 80 - even if you have 6 peck no one is going to want to look at you :D
(do some workout like fun sports (Gym is for the dedicated ones) to stay active)
Eat drink n be merry is all good. Just that you cant overdo it. O/w you will be on your way out @ 40 or worse yet, will have to deal with diabetes, cholesterol, hypertension etc. in the later part of your life. Key is to eat right and exercise. Cliched I know but I don't see too many people around sticking to this simple rule :)
Dude - Life is too short, eat drink and be merry :p when you become 80 - even if you have 6 peck no one is going to want to look at you :D
(do some workout like fun sports (Gym is for the dedicated ones) to stay active)
Eat drink n be merry is all good. Just that you cant overdo it. O/w you will be on your way out @ 40 or worse yet, will have to deal with diabetes, cholesterol, hypertension etc. in the later part of your life. Key is to eat right and exercise. Cliched I know but I don't see too many people around sticking to this simple rule :)
more...
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gc2
09-23 06:45 AM
bump...
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Abhishika
12-18 07:24 AM
Hi All,
I am also in similar situation. My labor says title as "Programmer Analyst"
and I have an offer as a Database Administrator.
If I look for onetcenter I am not seeing a direct code for "Programmer Analyst" but I see
a) 15-1051.00 Computer Systems Analysts
Sample of reported job titles: Systems Analyst, Programmer Analyst, Computer Systems Consultant, Business Systems Analyst, Systems Engineer, Computer Specialist, Computer Systems Analyst, Data Processing Systems Analyst, Information Technology Consultant (IT Consultant), Information Technology Specialist
b) 15-1021.00 Computer Programmers
Sample of reported job titles: Programmer Analyst, Programmer, Computer Programmer, Software Developer, Internet Programmer, Web Programmer
And when I search for the database administrator, it gives
15-1061.00 Database Administrators
Sample of reported job titles: Database Administrator (DBA), Database Analyst, Database Coordinator, Database Programmer, Programmer Analyst, Systems Manager
So should we look at the sample of reported job titles? If thats the case all the above mentions programmer Analyst.
Appreciate ur inputs
Abhi
I am also in similar situation. My labor says title as "Programmer Analyst"
and I have an offer as a Database Administrator.
If I look for onetcenter I am not seeing a direct code for "Programmer Analyst" but I see
a) 15-1051.00 Computer Systems Analysts
Sample of reported job titles: Systems Analyst, Programmer Analyst, Computer Systems Consultant, Business Systems Analyst, Systems Engineer, Computer Specialist, Computer Systems Analyst, Data Processing Systems Analyst, Information Technology Consultant (IT Consultant), Information Technology Specialist
b) 15-1021.00 Computer Programmers
Sample of reported job titles: Programmer Analyst, Programmer, Computer Programmer, Software Developer, Internet Programmer, Web Programmer
And when I search for the database administrator, it gives
15-1061.00 Database Administrators
Sample of reported job titles: Database Administrator (DBA), Database Analyst, Database Coordinator, Database Programmer, Programmer Analyst, Systems Manager
So should we look at the sample of reported job titles? If thats the case all the above mentions programmer Analyst.
Appreciate ur inputs
Abhi
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vxb2004
11-24 08:09 PM
Hello,
I joined company B in April and prior to that I was working for company A. Fragoman was company A's attorney. Through company A I had my labor certified, I-140 approved and my 485 was pending for more than 180 days and hence I was able to switch my job using AC21. My job was in the same and similar job classification. The AC21 documents were sent to USCIS in early April by company B's attorney.
Last week of October, I received my finger printing notice as part of my I-485 process. When I contacted company B's attorney, they never received any courtesy copy for my finger printing notice. Today I called up USCIS customer service to find out the attorney on record for my file. They mentioned that it was still company A's and the courtesy copy was sent to them. I mentioned to the officer that AC21 was filed which had the change in attorney information. She said that they do not have any records of it. She advised me to send a copy of the AC21 forms again along with the G28 documents.
My question is if company B's attorney send the AC21 documents, will USCIS question why the documents are being sent after 8 months of switching jobs?
Will this trigger an RFE?
Please advise.
I joined company B in April and prior to that I was working for company A. Fragoman was company A's attorney. Through company A I had my labor certified, I-140 approved and my 485 was pending for more than 180 days and hence I was able to switch my job using AC21. My job was in the same and similar job classification. The AC21 documents were sent to USCIS in early April by company B's attorney.
Last week of October, I received my finger printing notice as part of my I-485 process. When I contacted company B's attorney, they never received any courtesy copy for my finger printing notice. Today I called up USCIS customer service to find out the attorney on record for my file. They mentioned that it was still company A's and the courtesy copy was sent to them. I mentioned to the officer that AC21 was filed which had the change in attorney information. She said that they do not have any records of it. She advised me to send a copy of the AC21 forms again along with the G28 documents.
My question is if company B's attorney send the AC21 documents, will USCIS question why the documents are being sent after 8 months of switching jobs?
Will this trigger an RFE?
Please advise.
gjoe
03-10 06:15 AM
Some of you have been receiving the USCIS response about your FOIA request.
(3) As requested in the original letter, I need the number of pending AOS petitions sorted by their Priority date and NOT USCIS receipt date or receipt notice date, Category, Country of Birth/Nationality (if available)
Thanks,
XXXXX
Category, Country of Birth/Nationality should not be optional because this is a very important data which DOS has been using in their killer app to come up with the VISA bulletine every month. This is something they should provide along with the other data you have requested. If officially DHS don't have this information then DOS has to answer an FOIA request to clarify on how they arrive at the magic number in the visa bulletine.
(3) As requested in the original letter, I need the number of pending AOS petitions sorted by their Priority date and NOT USCIS receipt date or receipt notice date, Category, Country of Birth/Nationality (if available)
Thanks,
XXXXX
Category, Country of Birth/Nationality should not be optional because this is a very important data which DOS has been using in their killer app to come up with the VISA bulletine every month. This is something they should provide along with the other data you have requested. If officially DHS don't have this information then DOS has to answer an FOIA request to clarify on how they arrive at the magic number in the visa bulletine.
senthil1
11-03 07:25 PM
Whatever the results I think there will be attempts to revive CIR in 2009 including increase of H1b and Greencard numbers. The increase of H1b may come with some reform to minimise the abuse of h1b. But the fate of any bill depends on the contents of the bill. If the bill is really a compromise with moderate numbers then it will be passed. If the bill is one sided then the fate of the bill is uncertain.
Depends on how the CIR is crafted. To bring the republicans on board, it may have biz friendly provisions and hence may be beneficial for us all.
Last time there was a point based system which was meant to replace the Employment based system; big biz hated that idea. They might introduce a point based system in addition to the employment based stream. It would be specially great if it has its own quota. Every US PhD and Master degree holder that gets into the point based system, frees us visa for others. We may be relief in form of permanent number capture: numbers wasted are automatically rolled over to next year.
Bottom line is that we cannot be absolutely sure that any CIR will result in a net loss to EB green card aspirants. On the other hand, at my age, you come to realize that the devil you know, is indeed often better than the devil that you dont know.
Depends on how the CIR is crafted. To bring the republicans on board, it may have biz friendly provisions and hence may be beneficial for us all.
Last time there was a point based system which was meant to replace the Employment based system; big biz hated that idea. They might introduce a point based system in addition to the employment based stream. It would be specially great if it has its own quota. Every US PhD and Master degree holder that gets into the point based system, frees us visa for others. We may be relief in form of permanent number capture: numbers wasted are automatically rolled over to next year.
Bottom line is that we cannot be absolutely sure that any CIR will result in a net loss to EB green card aspirants. On the other hand, at my age, you come to realize that the devil you know, is indeed often better than the devil that you dont know.
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