venky08
12-30 05:24 AM
i think gc_maine2 has a valid question...especially if you use H1 transfer (6-9 years) for the new employer and not EAD
i am very curious myself to see how this will work out...any personal opinions please???
very smart question by the way gc_maine2...:cool:
Very good point logiclife. what happens in this following scenario when 140 is approved and when 140 is pending.
Person X has completed 180 days after 485 filing, used is 6 yrs of H1 and now he got a 3 yrs of H1B from the same employer. If this person uses AC21 & EAD and joins another company and after 1 yr his 485 is rejected for wrong reasons, will this person be out of status(since used EAD) or will be in status since his H1b is still valid with the old employer (Assumed the employer has not revoked). Will it be safe to come back to the same employer.
Thanks
Sree
i am very curious myself to see how this will work out...any personal opinions please???
very smart question by the way gc_maine2...:cool:
Very good point logiclife. what happens in this following scenario when 140 is approved and when 140 is pending.
Person X has completed 180 days after 485 filing, used is 6 yrs of H1 and now he got a 3 yrs of H1B from the same employer. If this person uses AC21 & EAD and joins another company and after 1 yr his 485 is rejected for wrong reasons, will this person be out of status(since used EAD) or will be in status since his H1b is still valid with the old employer (Assumed the employer has not revoked). Will it be safe to come back to the same employer.
Thanks
Sree
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wahwah
06-05 04:39 PM
you 're right...so may what shivap80 is saying is correct also...
if your i-485 comes up for adjudication and you have file ac21 and your i-140 is pending as well, then the portability is only valid if i-140 is approved. of course after that to make sure that the portability is valid they will apply the "similar job" criteria.
You are interpreting as: It must be approved when in reality it means that It should have been already approved in order to make a decision on portability. They can not be forced to approve your I-140 just because you are changing jobs.
if your i-485 comes up for adjudication and you have file ac21 and your i-140 is pending as well, then the portability is only valid if i-140 is approved. of course after that to make sure that the portability is valid they will apply the "similar job" criteria.
You are interpreting as: It must be approved when in reality it means that It should have been already approved in order to make a decision on portability. They can not be forced to approve your I-140 just because you are changing jobs.
pete
12-13 03:11 PM
What you are doing is something USICS must stop!! Its wrong to jump the line and unfair on others.
Thats all!!
Pete MD
EBE2
Thats all!!
Pete MD
EBE2
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madhu345
10-09 10:44 PM
Everest Technologies? Ravi Kandimalla??? I heard horror stories about them.
Dude...you still remember this Alpheratta GA company?
Dude...you still remember this Alpheratta GA company?
more...
LC2002
09-21 04:20 PM
That I heard too!! GCs were distributed at Monument but I was late as I could only join at Captol Hill :p so got only FP notice.
I'm waiting for next Rally to get my GC ... :D
Did you get it in the rally? I overheard a rumor that they were being distributed. :D
I'm waiting for next Rally to get my GC ... :D
Did you get it in the rally? I overheard a rumor that they were being distributed. :D
dineshksharma
07-14 01:41 PM
Thank you very much Dinesh for this. Currently my spouse's passport is stuck in the same place for god-only-knows-what reason. The embassy staff said they are auditing every 2nd-3rd application. We have the AP but we were thinking that if we withdraw the H1B application, the embassy people might stamp the passport saying "Application Received" which sometimes can be a euphemism for "Visa Denied". I once got such a stamp when visa was denied to me.
Since we would then always have to keep explaining at every stage why we have that stamp, that's why we are sticking on with H1B delay. We have been given the same time-frames as you were.
When you withdrew your passport to travel on AP, did they stamp your passport with any text? Also could you please tell us the procedure you followed to withdraw your passport and whether you could collect it in person? We have been asked to email the US Embassy for withdrawing from our H1B application.
Thanks buddy.
When they told me about clearance and delay, they did not keep my passport, but gave it back to me at the same time and hence, I was able to travel. they, however, cancelled by previous visas. I never asked them to withdraw my H1 application.
Since we would then always have to keep explaining at every stage why we have that stamp, that's why we are sticking on with H1B delay. We have been given the same time-frames as you were.
When you withdrew your passport to travel on AP, did they stamp your passport with any text? Also could you please tell us the procedure you followed to withdraw your passport and whether you could collect it in person? We have been asked to email the US Embassy for withdrawing from our H1B application.
Thanks buddy.
When they told me about clearance and delay, they did not keep my passport, but gave it back to me at the same time and hence, I was able to travel. they, however, cancelled by previous visas. I never asked them to withdraw my H1 application.
more...
permfiling
04-14 02:14 AM
Check this immigration issue at
http://valleywag.gawker.com/
We have to do similar things to get our issues noticed
http://valleywag.gawker.com/
We have to do similar things to get our issues noticed
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saiimmi
01-18 10:49 AM
Come on everyone. I am sure every one needs change from the status quo for better. If we need change we have to be the element of change. Please send in your letters today. It should hardly take 15 minutes.
more...
mariusp
02-20 06:40 PM
I read the document and here's what I think is the important part:
In a subset of these
case, the FBI name check request that been pending for more than 180 days.
This means that only a part of those 47k applications are pending for more than 180 days. This doesn't say they will approve 47k in March.
Why mid March? Well that's the time of the month when the VB will be published so I'm curious to see how the April VB will look like.
In a subset of these
case, the FBI name check request that been pending for more than 180 days.
This means that only a part of those 47k applications are pending for more than 180 days. This doesn't say they will approve 47k in March.
Why mid March? Well that's the time of the month when the VB will be published so I'm curious to see how the April VB will look like.
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SK2007
10-12 10:46 AM
My labor was filed on July 2004 and I have not received an approval yet.
I got an RFE last week stating that Employeer has to again prove the RIR status of the application.
So Lawyer has started the advertisement process again.
I am in similar situation, My PD is AUG04, EB2(Traditional), stuck at PBEC, I got an RFE saying they have only the first page of the application. My lawyer just sent all the paper work. I am currently on my 10th year on H1B. Lost my first LC to sep 11 and since then stuck with PBEC. I guess these things happen thats all. I am hopeing they will start I-140 premium process again.
I got an RFE last week stating that Employeer has to again prove the RIR status of the application.
So Lawyer has started the advertisement process again.
I am in similar situation, My PD is AUG04, EB2(Traditional), stuck at PBEC, I got an RFE saying they have only the first page of the application. My lawyer just sent all the paper work. I am currently on my 10th year on H1B. Lost my first LC to sep 11 and since then stuck with PBEC. I guess these things happen thats all. I am hopeing they will start I-140 premium process again.
more...
bachelor
09-24 11:30 AM
YOu can surrender your GC letting know the USCICS that, it got approved when the PD was not current. I had read this on murthy.com. Browse the website to learn more about it or contact murthy.com attorney's.
How am I so sure...?? Even I am one amoung them praying for 485 not getting approved untill I get married. My PD is 2006, so I guess I don't have to worry too much.
Thanks for the reply tabletpc, but my GC was approved when the PD was current. i was wondering about the options i've to get my future wife to USA.
Thanks again
How am I so sure...?? Even I am one amoung them praying for 485 not getting approved untill I get married. My PD is 2006, so I guess I don't have to worry too much.
Thanks for the reply tabletpc, but my GC was approved when the PD was current. i was wondering about the options i've to get my future wife to USA.
Thanks again
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grupak
08-07 07:10 PM
Finally, its easy to say this, but really hard to follow - don't discuss this to your fiance(e) before wedding about the complexity of the situation, unless she is very understanding and can take it without a panic. Most of all, take it easy, relax and enjoy your wedding.
Good luck!
If I were you, I would discuss this before the wedding. Its too important an issue not to disclose, in my opinion.
Good luck!
If I were you, I would discuss this before the wedding. Its too important an issue not to disclose, in my opinion.
more...
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jchan
11-30 04:55 PM
A way to estimate ROW 485 applications
Since ROW 485's are approved rather quickly, the small number of pending cases from the USCIS report does not reflect the whole picture how many ROW 485's are submitted each year. However, we may be able to estimate like this:
First find out the average processing time of ROW 485, then we know the pending number from USCIS report is the cases submitted for the length of the processing time. For example, if the processing time is 3 months, and there are 7000 cases for ROW pending, then we know there are 7000 ROW 485 submitted in 3 months. Then the full year demand is 28000. Maybe the report can be revised with these information to get a better estimate on the spillover?
Since ROW 485's are approved rather quickly, the small number of pending cases from the USCIS report does not reflect the whole picture how many ROW 485's are submitted each year. However, we may be able to estimate like this:
First find out the average processing time of ROW 485, then we know the pending number from USCIS report is the cases submitted for the length of the processing time. For example, if the processing time is 3 months, and there are 7000 cases for ROW pending, then we know there are 7000 ROW 485 submitted in 3 months. Then the full year demand is 28000. Maybe the report can be revised with these information to get a better estimate on the spillover?
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Soul
02-07 01:32 PM
Thanks Kax :beam:
I think priness Kit :P
Heh
- Soul :goatee:
I think priness Kit :P
Heh
- Soul :goatee:
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USDream2Dust
04-08 02:52 PM
I wonder nobody cares now that they have got capgap relief and extended OPT. But I wonder what will happen when finally a student after 29 months of OPT apply and this would keep on accumulating. It would get very dirty and ugly for students to even reach to Green Card stage. Forget about retrogression :(
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chintu25
07-06 03:38 PM
Go Guys Rock The World....lem Em Know We Mean Business.juctice Should Prevail
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chintu25
01-14 02:23 PM
Letter sent out Last Thursday . Voted too
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Jaime
08-31 04:22 PM
not sure there are "lies".
No lies, salary cannot be raised and people on H-4 cannot work. The article is right.
What I don't get is where they got that the Sept 18 rally will see 5000 of us attending? That's way too little guys, we need at least double that!
No lies, salary cannot be raised and people on H-4 cannot work. The article is right.
What I don't get is where they got that the Sept 18 rally will see 5000 of us attending? That's way too little guys, we need at least double that!
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sheela
02-21 12:10 PM
Also , answer HONESTLY. please keep in mind they come for clarification on info they already have in hand.
good luck
good luck
Mount Soche
12-18 09:16 AM
This is not to oppose your message - I am just trying to figure out where these arguments comes from because I don't think I believe in this whole fraud thing. AC21 is meant for one to change jobs after working for the original sponsoring company for 180 days. Also, there are no clear guidelines stating that one must inform the USCIS - so what will this fraud be based on? How can one be committing fraud if there are no guidelines to tell you what is considered fraudulent? I think one is fraudulant when one actually violates some set rules etc. I don't think the USCIS can have a basis for suspecting someone of fraud when they don't even have a definition of what may constitute fraud in this case because of the lack of guidelines. Plus, I have never, ever heard of anyone be denied or suspected of anything like this during citizenship, I just don't believe this is a factor AT ALL. I see these comments a lot and they just don't make any sense to me. To me, it is like breaking a law that doesn't exist. And you say one may be "suspected", well, suspicion is just that, suspicion. The USCIS needs to show proof that you intended to be fraudulent and for as long as there are no AC21 guidelines that tell you that you must inform the USCIS upon invoking AC21, the USCIS will not and cannot have a case against you.
The disadvantage of not filing for AC21 is if your AoS is approved with USCIS believing that you will be working for the original petitioner after approval.
That is the disadvantage. USCIS will not know that you intended to port to new employer by invoking AC21 and come the time your apply for Naturalization, USCIS will discover it and may suspect you of fraud.
The disadvantage of not filing for AC21 is if your AoS is approved with USCIS believing that you will be working for the original petitioner after approval.
That is the disadvantage. USCIS will not know that you intended to port to new employer by invoking AC21 and come the time your apply for Naturalization, USCIS will discover it and may suspect you of fraud.
Pineapple
01-06 02:58 PM
Here is an old limerick :
There was a young fellow from Lyme
Who lived with three wives at one time
When asked: "Why the third?"
He replied:"One's absurd,
And bigamy, sir, is a crime."
There was a young fellow from Lyme
Who lived with three wives at one time
When asked: "Why the third?"
He replied:"One's absurd,
And bigamy, sir, is a crime."