sledge_hammer
02-18 12:08 PM
If the question is whether AC21 can be used or not, then the answer is YES. If the question is whether it is legal or not, then the answer is illegal. If the applicant never had the intention to work for the company that filed for GC, then it is fraud.
Besides, with VSG Inc. in such a big mess, who knows what USCIS is going to decide about these cases!
Incorrect.
As per Yates memo (link (http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf))
It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
______________________
Not a legal advice.
US citizen of Indian origin
Besides, with VSG Inc. in such a big mess, who knows what USCIS is going to decide about these cases!
Incorrect.
As per Yates memo (link (http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf))
It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
______________________
Not a legal advice.
US citizen of Indian origin
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roseball
10-08 04:30 PM
I got my green card from Company A. During my labor process i renewed my H1B from Company B which expired last month.
Right now who is my employer Company A or B or none of the above?.
If I understand you correctly, you were working for Employer A and he filed your Labor. You changed to employer B while labor was pending and started working for employer B on H1. Employer A continued to process your GC and you got it approved. If this is true, then you should immediately join employer A since your GC was approved through employer A.
Right now who is my employer Company A or B or none of the above?.
If I understand you correctly, you were working for Employer A and he filed your Labor. You changed to employer B while labor was pending and started working for employer B on H1. Employer A continued to process your GC and you got it approved. If this is true, then you should immediately join employer A since your GC was approved through employer A.
singhsa3
08-19 12:48 PM
Yep, just passed level III , today. Now will start applying for the charter.
good to find a fellow CFA candidate/member here... are you done with the exams?
good to find a fellow CFA candidate/member here... are you done with the exams?
2011 He has been in Bankai since
pjalan
03-31 04:45 PM
Hi All Gurus:
I am changing my employer with pending I-140 and I-485 both > 180 days.
RD: 07/23
ND: 09/13
EB2/TSC
PD:12/04
I might recieve an RFE as I did not submit experience letters from my previous employers. I have a masters degree from US.
Just in case I get an RFE on I-140 and old lawyers/old company chose not to respond what are my options? I have letters with me now and can myself respond to RFE if I know what it is about.
if RFE goes unresponded is MTR the only option left??
Thanks in anticipation.
I am changing my employer with pending I-140 and I-485 both > 180 days.
RD: 07/23
ND: 09/13
EB2/TSC
PD:12/04
I might recieve an RFE as I did not submit experience letters from my previous employers. I have a masters degree from US.
Just in case I get an RFE on I-140 and old lawyers/old company chose not to respond what are my options? I have letters with me now and can myself respond to RFE if I know what it is about.
if RFE goes unresponded is MTR the only option left??
Thanks in anticipation.
more...
Kodi
07-05 09:05 AM
If its ROW then PD are current.
apb
09-11 03:05 PM
I saw two soft LUDs on Sep/9 and 10th after I opened a SR on Sep/4th.
Still waiting. Anybody had similar experience?
Still waiting. Anybody had similar experience?
more...
rajuram
11-04 09:19 PM
I don't think that is possible......unless you filed it and it got returned...
Situation - During the month of July, I filed my 485 when all categories were current. Got my receipt too. Missed wife's application because her papers were not ready. Now priority dates have retrogressed again.
Saving grace - Our H1/H4 are in order with many long years left on them.
Question - Can I file my wife 485 now as a dependent, even though "my" PD is not current yet. The core point is that, does the concept of PD applies to the dependent 485 applications too?
Situation - During the month of July, I filed my 485 when all categories were current. Got my receipt too. Missed wife's application because her papers were not ready. Now priority dates have retrogressed again.
Saving grace - Our H1/H4 are in order with many long years left on them.
Question - Can I file my wife 485 now as a dependent, even though "my" PD is not current yet. The core point is that, does the concept of PD applies to the dependent 485 applications too?
2010 Bankai !
gimme Green!!
07-04 10:26 PM
Just in case if they ask why you did not do MS and jumped to Job be prepare to give convincing answer.
Good Luck.
Also, keep your MBA transcripts along - that wud go to prove you are required here in the States and could be a back pocket thing against a common assumption that your intention of getting an F1 was not exactly to a masters degree but to come here and change to H1. You doing an MBA now goes to prove that you had indeed intended to do a masters, but now in a different field though !! :)
Good luck!!
Good Luck.
Also, keep your MBA transcripts along - that wud go to prove you are required here in the States and could be a back pocket thing against a common assumption that your intention of getting an F1 was not exactly to a masters degree but to come here and change to H1. You doing an MBA now goes to prove that you had indeed intended to do a masters, but now in a different field though !! :)
Good luck!!
more...
chanduv23
10-27 03:45 PM
Folks - everyday I go to sleep I wish that tomorrow the sun will rise in the west. When I wake up I see that nothing has changed.
Change is hard - but change definitely brings new hope and prosperity.
With bad economy, Green Card issues, visa retrogression, layoffs, bad stocks, housing crisis and with growing inflation - all we do is hope and strive towards betterment.
Diwali is a celebration of the victory of good over evil and I wish this Diwali will bring victory to the well deserved.
Lets all be together in turbulent times and work towards the change that we always want to see.
IV has helped us all and continue to help us. IV is nothing but all of us together. Lets all pledge our support to IV on this thread.
Change is hard - but change definitely brings new hope and prosperity.
With bad economy, Green Card issues, visa retrogression, layoffs, bad stocks, housing crisis and with growing inflation - all we do is hope and strive towards betterment.
Diwali is a celebration of the victory of good over evil and I wish this Diwali will bring victory to the well deserved.
Lets all be together in turbulent times and work towards the change that we always want to see.
IV has helped us all and continue to help us. IV is nothing but all of us together. Lets all pledge our support to IV on this thread.
hair Bleach Bankai
Bhaskar_80
05-21 04:45 PM
Hi,
Yes. PERM is taking close to 7 months if not stuck in Audit. My case was filed on 10/12/2009.
My employer saw that the status of my case changed to Certified in the following website
yesterday. So approximately it is taking b/w 7 to 8 months which is good news.
http://www.plc.doleta.gov/splash.cfm
Can anybody let me know, how long will it take to get the approval notice in hand.
Thanks and Regards
Yes. PERM is taking close to 7 months if not stuck in Audit. My case was filed on 10/12/2009.
My employer saw that the status of my case changed to Certified in the following website
yesterday. So approximately it is taking b/w 7 to 8 months which is good news.
http://www.plc.doleta.gov/splash.cfm
Can anybody let me know, how long will it take to get the approval notice in hand.
Thanks and Regards
more...
Leo07
12-05 05:29 PM
Good Luck!
hot Young Byakuya#39;s Bankai Blooper
invincibleasian
02-06 05:09 PM
I dont have EAD so I cannot comment!
more...
house here,this ankai speed
TwinkleM
01-30 12:13 AM
Hello Ravi,
Sorry to hear about what has happened today with ur case. I know what you are going through at present. Unfortunately, I went through the same thing on 01/27/09. I received an email about the denial, but have not yet received the hard copy. So don't know the reason about the denial.
Well, ur dates of H1 expiration & RFE, all match same to mine. We are almost sailing in the same boat. The only diff between ur case & mine is, My I-140 is not yet approved & me & my hubby do have Valid EAD.
Here are the options suggested by my lawyer today. I am also going to verify some more options with another lawyer tomorrow.
In your case, you have 2 weeks to get out of the country as ur H1 is denied. Well, I may be wrong if your approved I-140 is going to be of help in any way. Ask your lawyer.
Answers:
1) Yes. Even though u open MTR, u both r out of status. Opening MTR will only allow u both to stay in this country legally, but does not allow you to work or study.
2) According to my lawyer, anywhere from 12 to 18 months. I am going to check on this with another lawyer tom.
3) Until u get the answer to ur appeal.
4) My lawyer suggested is to open MTR & then simultaneously transfer H1 to another company. But this would be a consulate case. That means, once ur H1 transfer is approved, you will have to go to ur home country to get it stamped. Till then you cannot work for either company. The reason for it being consulate case is because ur original H1 & H4 is already expired. Also, keep in mind, you cannot apply for H1 transfer without opening MTR on the old one. Yes, you can do premium processing.
5) Since you do not have EAD, you cannot continue working on ur current project
6) No, u cannot start working with new company till ur H1 tranfer is approved & you have got it stamped from ur home country. But, if u r planning to do premium processing, you will get the answer or RFE in 2 weeks time once INS receive ur application & documents.
7) yes.
8) No clue as I havn't tried. Just try to make ur application stronger. I am trying too.
9) Yes.
Hope, the above answers are helpful. Do try to find out other possibilites from ur lawyer without telling him the above ones. That way u can be sure of what is right & worng. Do let me know too if you get to know something else.
Goodluck
Sorry to hear about what has happened today with ur case. I know what you are going through at present. Unfortunately, I went through the same thing on 01/27/09. I received an email about the denial, but have not yet received the hard copy. So don't know the reason about the denial.
Well, ur dates of H1 expiration & RFE, all match same to mine. We are almost sailing in the same boat. The only diff between ur case & mine is, My I-140 is not yet approved & me & my hubby do have Valid EAD.
Here are the options suggested by my lawyer today. I am also going to verify some more options with another lawyer tomorrow.
In your case, you have 2 weeks to get out of the country as ur H1 is denied. Well, I may be wrong if your approved I-140 is going to be of help in any way. Ask your lawyer.
Answers:
1) Yes. Even though u open MTR, u both r out of status. Opening MTR will only allow u both to stay in this country legally, but does not allow you to work or study.
2) According to my lawyer, anywhere from 12 to 18 months. I am going to check on this with another lawyer tom.
3) Until u get the answer to ur appeal.
4) My lawyer suggested is to open MTR & then simultaneously transfer H1 to another company. But this would be a consulate case. That means, once ur H1 transfer is approved, you will have to go to ur home country to get it stamped. Till then you cannot work for either company. The reason for it being consulate case is because ur original H1 & H4 is already expired. Also, keep in mind, you cannot apply for H1 transfer without opening MTR on the old one. Yes, you can do premium processing.
5) Since you do not have EAD, you cannot continue working on ur current project
6) No, u cannot start working with new company till ur H1 tranfer is approved & you have got it stamped from ur home country. But, if u r planning to do premium processing, you will get the answer or RFE in 2 weeks time once INS receive ur application & documents.
7) yes.
8) No clue as I havn't tried. Just try to make ur application stronger. I am trying too.
9) Yes.
Hope, the above answers are helpful. Do try to find out other possibilites from ur lawyer without telling him the above ones. That way u can be sure of what is right & worng. Do let me know too if you get to know something else.
Goodluck
tattoo Ichigo Tensa Bankai Sword
rogerdepena
08-01 10:45 PM
Are you generating the receipt numbers yourself ? :D
just using the code to predict the case numbers.
check it your self. just put any number on the "XX" part and go to uscis.
another interesting thing i found out, they are approving a lot of ead from those filed on june 30, 2007 but then again they may not be Emplyment based application.
just using the code to predict the case numbers.
check it your self. just put any number on the "XX" part and go to uscis.
another interesting thing i found out, they are approving a lot of ead from those filed on june 30, 2007 but then again they may not be Emplyment based application.
more...
pictures Bankai form
senk1s
02-24 03:04 PM
I have e-filed along with spouse new SSN#..no issues...
When we sent cancel letter for ITIN,got a reply confirmation from IRS saying you can now use ssn# for tax filing purposes....
HTH,
webm: After how long (approx) did you receive the confirmation letter - we sent it out about 2 months ago
When we sent cancel letter for ITIN,got a reply confirmation from IRS saying you can now use ssn# for tax filing purposes....
HTH,
webm: After how long (approx) did you receive the confirmation letter - we sent it out about 2 months ago
dresses Geam from, bankaibleach ankai
MeraNaamJoker
09-17 10:35 AM
It is my request only!!! Can you please stop replying in 'Red' color? It is really annoying.
Imagine if everyone uses bold font:mad:
Every one has there own style. Since the answer was for a very important topic and I knew the answer to it. I did want it to catch attention. Hence did it like that.
Imagine if everyone uses bold font:mad:
Every one has there own style. Since the answer was for a very important topic and I knew the answer to it. I did want it to catch attention. Hence did it like that.
more...
makeup does renjis Renji+ankai
Aah_GC
07-09 02:11 PM
You cannot ask for an interim card by or before September 10th as you finish your 90 days of application only by September 23rd (and you might actually get your card by that time). What you should do if you don't receive your EAD by the mid of August is to take an infopass appointment and request them to speed up your process. Be genuinely sincere and explain your case. If you are lucky they might either issue you an interim card or might just get NSC to speed up your application.
My take is you will receive your card by the end of August at the very least. So don't worry.
My take is you will receive your card by the end of August at the very least. So don't worry.
girlfriend Ichigo Wallpaper Bankai by
ganguteli
04-23 01:16 PM
I know it is a loss in priority date. But my point is: "does fighting with the lawyer, give him his time back?" In fact by that he is loosing his valuable time and energy further.
If there is "ANY" method to get his "LC" approved with the same priority date, I totally agree he should do that.
That is what I mean by "focus on your goal". If your goal is to fight with lawyer for a cause, just do it. You will at least feel happy that you did the right thing, whatever you felt right.
If a lawyer made the mistake and you complain, then at least you will save others like you. One should stop being selfish or scared.
Will you keep quiet if someone robs you or does you harm. Will you at that time think you will lose your time and energy if you report it to cops?
I want to say that I have seen a lot of people blaming lawyers for their problems in immigration. This maybe false too. These lawyers are also doing their jobs. Just because you did not get a good service does not mean they maybe bad. Why did you choose them in the first place. You should have done your due homework first and if you were not satisfied you could have fired them too. And if they are bad, then go and complain to authorities. Do not be scared and listen to people who scare you. You live in a country that has laws and a system.
If there is "ANY" method to get his "LC" approved with the same priority date, I totally agree he should do that.
That is what I mean by "focus on your goal". If your goal is to fight with lawyer for a cause, just do it. You will at least feel happy that you did the right thing, whatever you felt right.
If a lawyer made the mistake and you complain, then at least you will save others like you. One should stop being selfish or scared.
Will you keep quiet if someone robs you or does you harm. Will you at that time think you will lose your time and energy if you report it to cops?
I want to say that I have seen a lot of people blaming lawyers for their problems in immigration. This maybe false too. These lawyers are also doing their jobs. Just because you did not get a good service does not mean they maybe bad. Why did you choose them in the first place. You should have done your due homework first and if you were not satisfied you could have fired them too. And if they are bad, then go and complain to authorities. Do not be scared and listen to people who scare you. You live in a country that has laws and a system.
hairstyles Ichigo Bankai Sword
grupak
12-10 09:47 AM
there is a way to contribute less than $100
Use paypal and send any amount you like to
donations at immigrationvoice dot org
Thanks you ssingh92. Let your friends know about the option for using paypal for less than $100
Please post contributions on the main fund drive page, and motive others.
Use paypal and send any amount you like to
donations at immigrationvoice dot org
Thanks you ssingh92. Let your friends know about the option for using paypal for less than $100
Please post contributions on the main fund drive page, and motive others.
tabletpc
08-27 11:46 AM
I was under a foolish assumption that with pendidng PR for canada i can't appy for visitors visa. Good that i decided to clarify here.
Will start working towards it....
Thank U ALL....
Will start working towards it....
Thank U ALL....
indianabacklog
12-04 08:56 PM
If my wife is a US Green card holder and i am in H1B and if we both file for candian green card and move to canada for a week for stamping. Would it create a problem on US citizenship for my wife.
the third rule on the first thread.
One week is not going to be an issue. Even green card holders are allowed vacations out of the US you are not expected to remain here 100% of the time.
the third rule on the first thread.
One week is not going to be an issue. Even green card holders are allowed vacations out of the US you are not expected to remain here 100% of the time.
