Monday, June 13, 2011

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  • amsgc
    01-22 10:08 PM
    You shouldn't confuse porting I-140 using AC21 and H-1B - these are two different things.

    You can start working for a new employer - using EAD or H-1B, while your I-485 is pending.

    When people say that they have used AC21, they usually mean that they are using the provisions in AC21 (clarified by the Yate's memo), to port their I-140 to a new employer after 180 days of applying for I-485.


    What do yo mean by siwtching employer using AC-21 and again H1B status? Do you mean that you have a H1B with the new company? In that case isnt that just a H1B transfer? noa Ac021 switch?




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  • ravi
    09-13 10:55 PM
    I am eligible for emeregency appointment as I am coming to India to
    attend visa interview as I got new i-20 for MBA program starting january
    2007. Please I request you to provide me information on how to shcedule
    intervie before dec10, 2006, so that accordingly I will buy the
    flight tickets.

    My international advisor in school will also provide me recommendation
    if needed for emergency appointment, showing my need.




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  • ksiddaba
    07-14 06:40 PM
    Dallas, TX




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  • saileshdude
    05-14 10:18 AM
    Mishras,

    Can you complete your profile and mention what is your PD , service center, etc. Also can you scan and post the exact copy of the RFE you received. You can take out all the personal info like your receipt number,name but keep the wordings of the RFE intact.

    That would help people here to help you.



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  • qwert_47
    09-26 01:17 AM
    Thanks for the advices/suggestions.

    The reason my h1b was denied because the consultant showed that I would be working for him instead of working for client. I suspect he didn't respond well for the RFE earlier in the case.

    Is it possible to submit a motion for reconsideration by a new employer(when I find one in the next month or so)? To make things worse, I am having a hard time concentrating on possible upcoming interview because of my h1b visa denial. Pls tell me what options do I have if I am made an offer by a private(profit) employer. BTW my master is in comp. engg and I completed my masters in Dec 06.

    Its really disheartening to wait one more year to start work along with my increasing debts. Its bad being job-searching-graduated-student in USA with this situation.

    TIA




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  • funny
    09-16 01:25 PM
    Just cut short that Coffee/Tea/water break around the water cooler and make those calls today...



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  • txh1b
    08-18 05:31 PM
    They would however have to disclose that period of out of stay when they file the GC as G325 A asks for all status history. In other words, you will get screwed.

    Whoever has some approval by means of luck or fluke does not make it the law. They will take the bite when time comes. A COS is not the way to go. A visa stamp or travel and re-entry may be a better way and note that it does not erase any earlier out of stay period.




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  • ilikekilo
    03-03 09:30 AM
    Hello forum gurus
    I am planning on moving from Company A to Company B. I have an approved I-140 from Company A which was approved in Sept 2007 and also applied for 485 on July 2nd 2007. It has been almost 1.5 yrs since I applied for 485 and I-140 approval.

    Planning to move from Company A to Company B. Company A will not revoke my I-140 that is for sure. I am moving to a good company with 1000+ workforce and in an upcoming industry. It is not a consulting firm. It is a product based company. My wife is currently on EAD and is relying on it to work.

    What are the odds that my AC21 may be wrongfully denied. I am having a hard time sleeping while thinking about this. I am on my H1. Can she still use her EAD while we file a petition for Motion to Reopen in the event that the 485 is wrongfully denied or does she have to change to H4 immediatly.

    Can some one share your thoughts.

    thanks in advance

    I hear you...however the probability of success predicting the odds with USCIS are zero to none.. be +ve and move on.. Listen, iam not being philosophical here but I did move on from a so called "secure" and great company using AC21....to a smaller one....

    was I concerned when I was planning to move : yes
    do i loose sleep over this? no
    did i file for ac 21? yes
    Am I really worried : heck no
    Am i ready for anything that comes my way from USCIS: heck yes and I will deal with it..easy to say..yes..but doesnt mean it will stop my life..

    ps: btw Iam not single and yes I do have a family with a kid and ofcourse commitments like most poeple... so relax ..take it easy..

    reg your question i am sure somone in teh forum is more knowledgeable than Iam..



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  • roseball
    07-12 04:29 PM
    Mine was an e-filing. However my FP scheduling was quite weird.
    I had my FP scheduled for 11/13
    but my Card Production was Ordered on 11/12

    I still went ahead and gave my FP on 11/13.

    Thanks gc28262.

    Is there anyone who e-filed their EAD renewal at TSC during May time frame. It would be helpful if you can tell me how long it took for approval. TIA.




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  • snathan
    08-18 05:10 PM
    If your wife's I-94, which she have received at the time of entering to USA on dependent visa was valid till the date of the starting new the job, she should be fine even if she has not started working on H1 after approval. She has maintained the H4 status during that period as per I-94.

    My wife here on H4 and she go H1 but she started job after a while as employer delayed. But her status was valid. Even she told the same to the US counselor New Delhi and she got h1 stamping done. Gap of H1 approval effective date and employment was about 2 months.

    If you would ask this question to any attorney, you may get same reply. But asking to attorney is advisable.

    This is not the case always...Your wife might be lucky or the IO was kind person. Normally if you can not provide the pay stub in H1B you are out of status. Please read the definition of H1B and you will get clear picture about this.

    Also if your wife received the I-94 after the H1B approval, she was in status. Because whichever was the latest I-94 - thats the valid one and in effect. So that might be the reason your wife didnt fave any issue.



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  • rocky74
    07-20 10:32 AM
    I applied for my labor in July (Chicago) and my PD is July 2007. If I get approved before August 17 then will I be able to apply for I140/485 before August 17th.




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  • chanduv23
    02-17 09:32 PM
    We need to do something to make him change his mind or at least soften his stand. It should not be anything sarcastic. I think flower campaign will have element of being sarcastic or even being critical.
    It should be something simple and humble. May be a meeting of IL members with his staff and then if we get an opening, meeting with Sen. Durbin himself.
    This can be followed by something like letter campaign on the lines of admin fix campaign.

    It has been tried, they are not open to talk



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  • akhilmahajan
    11-15 10:54 AM
    We (3 of us from the PA state chapter) had a meeting with Congressman Joe Sastak's office staff in Media, PA.

    The staff member was completely unaware of our issues (other than, FBI name check takes long time and USCIS processing is slow). However, she was eager to understand our problems.

    She recommended that we should meet the office staff in DC since they handle issues related to legislations.

    Thats great u met the congressman, I am telling you, politicians are not aware of our problems. For them legal immigration is working great and it does not needs to be bothered.

    We need to keep on meeting the politicians and highlighting our problems over and over again.

    Meetign them once is not a solution, we need to keep on following with them. This issue has to be highlighted again and again.

    Lets get together and try to highlight or issues and hardships being faced by us.

    GO IV GO. TOGETHER WE CAN.




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  • 485Mbe4001
    05-19 01:07 AM
    honest opinion, talk to a good lawyer about this. your case is unique so dont depend comments from us. Companies have always used the carrot and stick aproach, with GCs, its just our luck that we roll the dice with this process and how we are exploited. You can stand your ground and negotiate with your firm, to a certain extent they need you too. Your I-40 is owned by the company, so they are the ones sponsoring you. Besides your current lawyers will probably have all your papers and approvals. Our lawyer did not even give us the I 140 number as we did not file it. I guess you might need all the 140 papers when you file for 485



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  • ddanait
    02-11 01:03 PM
    How does one access donor forum? I ahve donated some sum and I am a registered member




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  • LostInGCProcess
    03-03 12:02 PM
    Yes, the wording is very important. When I sent the AC21 documentation, it was just a letter explaining employment details and particulars, but when I replied to NOID, they specifically requested "prospects of employment" - and we responded as "this is a full time permanent job and the prospects are good" - which means they see it as future employment.

    As long as you have worked for original employer for a good period of time, stick to your skills, have good w2 history, you don't have to worry - you can always show that your prospects are good.

    Though Green card if for future employment - the entire process revolves around how best you fit the future employment category - AC21 is one such rule that gives you room and flexibility.

    Thanks for your quick response. I might as well ask one more question that's in my mind. Did you go thru the company's attorney or you hired yourself? I really don't trust my company's attorney as they work for the best interest of the company rather then the employees...may not be the norm but mostly its that way.
    Could you PM me if you know good attorney's other then Ms Murthy (cause they are expensive)
    Thanks.



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  • sunny1000
    05-14 10:32 PM
    Thanks IV core! Will continue to contribute...




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  • himu73
    04-13 09:18 AM
    Hello
    Can we a contact Indian/American organizations who can lend us support.
    1. Today I read news wherein an organization of Indian Businessmen,Lawyers.Doctors are organizing fundraiser for Hilary Clinton. They are giving lot of money for her campaign. These people already have contacts with number of senators. They can help us in our cause at different level.
    The Chairman of the organization in the news article Sant Singh Chatwal is a known hotilier in US.

    http://timesofindia.indiatimes.com/NRI_group_to_raise_5_mn_for_Hillary/articleshow/1906983.cms

    2. US-India Business Council is another such forum we can consider. Rediff has a news article wherein they are asking congress to increase H1s and make green card process easier. They have mentioned an address in Washington D.C
    H St, Northwest headquarters in Washington, DC.

    http://www.rediff.com/money/2007/apr/13visa.htm




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  • skdskd
    09-27 10:02 AM
    Hi All,

    I received the I-485 reciept notice yesterday from my lawyer (see below for my info), but the alien number on I-485 is different from the number on my approved I-140. My I-140 has a number starting with A099, but my I-485 reciept notice has a number starting with A088. Someone in this forum mentioned that A099 is for the primary applicant and A088 is for the dependant. I am the primary applicant for I-485, so if it is true, I should get A099, not A088. I am not sure if I can have two different alien numbers or if this is a mistake by USCIS. Is anyone in the same situation?

    I am sorry if this issue is discussed previously (I couldn't find the related thread). I would greatly appreciate your input.
    Thank you very much.



    tinoue I will suggest talk to lawyer,
    As per my lawyer, If at the time of filing of I-485 , you already have I-140 approved , you are supposed to write A# I-140 on I-485 Application.
    Otherwise they might assign New One..
    If you remember on I-485 Application there is place for A#.




    chantu
    06-15 10:45 AM
    What if H1-B extension is for last 3 years of total 6 years? It means,my first 3 years are ending in nov 07, and if I file 485, will I get 3 years of extension or 1 yr extension?




    Juan28210
    11-03 03:59 PM
    Hi,

    I'm on H1b visa. My employer refuses to pay for my medical insurance. Does anyone know if this is legal?

    Thanks.



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