immigrationvoice1
04-09 04:37 PM
Hi Gurus,
I have got a new job and the company is asking me to work on EAD. Could anyone please tell me how to use AC21. do i need to fill any forms and is there any approval process involved ?
Just fill the I-9 form that your employer provides with the EAD information. The new employer may ask for a copy of your EAD and passport.
I have got a new job and the company is asking me to work on EAD. Could anyone please tell me how to use AC21. do i need to fill any forms and is there any approval process involved ?
Just fill the I-9 form that your employer provides with the EAD information. The new employer may ask for a copy of your EAD and passport.
wallpaper The conference focused on the
ImmigrationAnswerMan
07-02 11:40 AM
It depends on why your L was denied. The standards for the L and the H are completely different. So usually a denial on an L will not be a factor in adjudicating an H petition. If your L was denied because you had not developed the company enough to show that it was a viable company at this point, then when you file the H they might question whether your company is large enough to warrant needing someone in your position (whatever the position may be).
wandmaker
06-06 03:12 AM
USCIS will send an RFE for missing photos - You can send the photos after that
2011 Conference: quot;Justice
immi_enthu
08-10 04:22 PM
even if the I 140 address goes to an old address of the compnay why would it go back to USCIS. would it require a signature for it to be delivered ??
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glus
05-10 09:58 AM
Hello,
You need to say "Yes" when they ask if anyone ever filed immigrant petition for you. I140 is an immigrant petition. The chances of you getting F-1 visa are minimal. This is due to the fact that you had shown immigrant intent, when your employer filed I140 for you. It does not matter if your employer withdrew the I140 or not or how much time lapsed. The problem is that you already showed your immigrant intent, and hence due to the language in INA, it will be VERY VERY difficult to get any type of a non-immigrant visa, unless such a visa carries "dual intent" such as H-1 or L-1.
I hope it is helpful.
Best Regards,
You need to say "Yes" when they ask if anyone ever filed immigrant petition for you. I140 is an immigrant petition. The chances of you getting F-1 visa are minimal. This is due to the fact that you had shown immigrant intent, when your employer filed I140 for you. It does not matter if your employer withdrew the I140 or not or how much time lapsed. The problem is that you already showed your immigrant intent, and hence due to the language in INA, it will be VERY VERY difficult to get any type of a non-immigrant visa, unless such a visa carries "dual intent" such as H-1 or L-1.
I hope it is helpful.
Best Regards,
GC_ki_daud
03-13 03:17 PM
bump
Please help with a reply
Please help with a reply
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pmgthj
03-13 09:53 PM
Please help! My I-485 was denied by a local USCIS officer because of visa availability. My case is EB2 PERM based and I filed I-485 in July 2007 when the visa number was available.
Apparently USCIS made a mistake if they have any knowledge of the wellknown visa bulletin fiasco of July 2007 (Visa bulletiin No. 107). What should I do to correct this? If I file a motion to reopen (MTR), it will cost me $1500 legal fee+$585 filing fee. Any suggestions are really appreciated.
Here is what it said:" At the time you filed your I-485, the Visa Bulletin of the Department of State provided that the employment based visas were unavailable for persons in your category. Section 245.2 of title 8 of the Code of Regulations (CFR) states, in part:'an immigration visa must be immediately available in order for an alien to properly file an adjustment application under section 245 of the Act," ...
Apparently USCIS made a mistake if they have any knowledge of the wellknown visa bulletin fiasco of July 2007 (Visa bulletiin No. 107). What should I do to correct this? If I file a motion to reopen (MTR), it will cost me $1500 legal fee+$585 filing fee. Any suggestions are really appreciated.
Here is what it said:" At the time you filed your I-485, the Visa Bulletin of the Department of State provided that the employment based visas were unavailable for persons in your category. Section 245.2 of title 8 of the Code of Regulations (CFR) states, in part:'an immigration visa must be immediately available in order for an alien to properly file an adjustment application under section 245 of the Act," ...
2010 The Justice Conference,
rolrblade
02-21 09:04 AM
Here is the problem with your case, in my view.
You can use AC21 after 180 days provided that (1) The underlying I-140 has been approved or (2) The underlying I-140 is otherwise APPROVABLE at the time of adjudication.
In your case when you filed for a new I-140 from Company B, it is still pending. Your argument of using I-140 from Company A, COULD make the underlying I-140 from Company B unapprovable, which will also be the case incase Company B withdraws the I-140 petition, prior to adjudication.
If this happens then the I-485 petition will be invalid because the underlying I-140 (from Company B) is not approvable. It will be a long time before you really know this, depending on when they adjudicate your I-485.
Then the only recourse left for you would be to file a NEW I-485 using the I-140 from Company A. Looking at the current PD trend, this could be years before you are even able to file.
As for what ItIsNOTFunny says, about I-485 being your personal application, and not company's, this is true but always remember that I-485 is very closely tied to the I-140 supporting documentation (Bfeore 180 days and especially if it not yet approved)
If I was you, I agree with other people are suggesting, if you want to keep your 485 application in process, you should try to wait it out till the I-140 from Company B gets approved. But again, everyone's personal situtation is different, so this is just a suggestion.
PM me if you need more help.
You can use AC21 after 180 days provided that (1) The underlying I-140 has been approved or (2) The underlying I-140 is otherwise APPROVABLE at the time of adjudication.
In your case when you filed for a new I-140 from Company B, it is still pending. Your argument of using I-140 from Company A, COULD make the underlying I-140 from Company B unapprovable, which will also be the case incase Company B withdraws the I-140 petition, prior to adjudication.
If this happens then the I-485 petition will be invalid because the underlying I-140 (from Company B) is not approvable. It will be a long time before you really know this, depending on when they adjudicate your I-485.
Then the only recourse left for you would be to file a NEW I-485 using the I-140 from Company A. Looking at the current PD trend, this could be years before you are even able to file.
As for what ItIsNOTFunny says, about I-485 being your personal application, and not company's, this is true but always remember that I-485 is very closely tied to the I-140 supporting documentation (Bfeore 180 days and especially if it not yet approved)
If I was you, I agree with other people are suggesting, if you want to keep your 485 application in process, you should try to wait it out till the I-140 from Company B gets approved. But again, everyone's personal situtation is different, so this is just a suggestion.
PM me if you need more help.
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vegasbaby
02-25 01:27 PM
Hi-
I will be applying for my 3rd H1-B extension soon. If for some reason the H1-B renewal gets rejected, do rules allow for applying for a H1-B transfer soon after the rejection.
Thanks
Yes you can! Did it myself. There is nothing as an H-1B transfer. Does it say anywhere your H-1B xfer has been approved on your H-1B receipt?? Its always a new H-1B. Only benefit you get is, you will be exempt from the quota forever.
I will be applying for my 3rd H1-B extension soon. If for some reason the H1-B renewal gets rejected, do rules allow for applying for a H1-B transfer soon after the rejection.
Thanks
Yes you can! Did it myself. There is nothing as an H-1B transfer. Does it say anywhere your H-1B xfer has been approved on your H-1B receipt?? Its always a new H-1B. Only benefit you get is, you will be exempt from the quota forever.
hair At a legal conference in
bskrishna
02-11 10:54 AM
The 800K pending 485s include people who have filed multiple 485s.
Cases like
1) Spouses filing thier own as well as dependant.
2) More then one primary filing.
So i guess there are about 100K duplicate and invalid applications.
In a way our community contributes to our own downfall...
Processing will also be delayed by people filing unnecessary Service requests for FP & AP etc., even when there is no use in near term just to be on par with everyone else.
Cases like
1) Spouses filing thier own as well as dependant.
2) More then one primary filing.
So i guess there are about 100K duplicate and invalid applications.
In a way our community contributes to our own downfall...
Processing will also be delayed by people filing unnecessary Service requests for FP & AP etc., even when there is no use in near term just to be on par with everyone else.
more...
kevinkris
12-05 05:20 PM
You are too fast ;-)
This looks good..
Green card will be giving for the people can help USA by serving army as doctors, nurses, transilators etc. Requirement is 2 year legal stay in USA.
See the link.http://news.yahoo.com/s/ap/20081205/ap_on_go_ca_st_pe/military_recruiting
This looks good..
Green card will be giving for the people can help USA by serving army as doctors, nurses, transilators etc. Requirement is 2 year legal stay in USA.
See the link.http://news.yahoo.com/s/ap/20081205/ap_on_go_ca_st_pe/military_recruiting
hot Justice Health Conference
gc_on_demand
12-09 11:04 AM
Is there any hope for us...
If it would be there admin must mentioned it on first thread. Well if it passes cloture, then no amendments are allowed. which means dream act will pass by it self. If it fails cloture vote, dream act will not pass...( so no point of adding amendments )
so to me either dream act will pass as alone or will not.. depends on cloture vote.
If it would be there admin must mentioned it on first thread. Well if it passes cloture, then no amendments are allowed. which means dream act will pass by it self. If it fails cloture vote, dream act will not pass...( so no point of adding amendments )
so to me either dream act will pass as alone or will not.. depends on cloture vote.
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.soulty
04-29 01:34 PM
Great work guys !! :!: All are really good , but i still like Ironikart the most out of all of them. The way you gave the robot a humours characteristics with eyes and eyebrows won me over, great character building skills :)
tattoo the Life Time Achievement
calgirl
08-12 06:19 PM
Were these approved at NSC or TSC?
Both are following this rule would be encouraging..
Source:
http://www..com/discussion-forums/i485-1/172162219/
Posted by willcrack (74) 1 hour 51 minutes ago
OK...now guys, strictly speaking the memo does not say anything about "conditional" GC...in legal speak. Just that they could revoke it if the person is considered inadmissable after the Name Check results come back. "Conditional GC" per se has the support of the actual statute only for Married to citizen, EB5 investment GC's etc.
And now for those who feel that USCIS is not approving cases whose NC's are pending, I know 2 of my friends and I whose NC's were pending when the file was with the officer (and approved in a week) and in my case NC was pending even at 6:30pm eastern (when I called the second level IIO at the NCSC) the day before I got the CPO e-mail (next day at 9am).
I have also seen several cases where people have called/went to Infopass after they got the GC to find out whether the NC was cleared....and it was pending !
so this should throw away all apprehensions about the 180+ rule not being implemented out of the window...
Both are following this rule would be encouraging..
Source:
http://www..com/discussion-forums/i485-1/172162219/
Posted by willcrack (74) 1 hour 51 minutes ago
OK...now guys, strictly speaking the memo does not say anything about "conditional" GC...in legal speak. Just that they could revoke it if the person is considered inadmissable after the Name Check results come back. "Conditional GC" per se has the support of the actual statute only for Married to citizen, EB5 investment GC's etc.
And now for those who feel that USCIS is not approving cases whose NC's are pending, I know 2 of my friends and I whose NC's were pending when the file was with the officer (and approved in a week) and in my case NC was pending even at 6:30pm eastern (when I called the second level IIO at the NCSC) the day before I got the CPO e-mail (next day at 9am).
I have also seen several cases where people have called/went to Infopass after they got the GC to find out whether the NC was cleared....and it was pending !
so this should throw away all apprehensions about the 180+ rule not being implemented out of the window...
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pictures Peace Conference at Gustavus
yogirajd
01-14 01:47 PM
Hello All,
Thanks for the all the suggestions and views. My I-140 was denied in oct 2007. I have appealed ( MTR) in Dec. 2007 and my I-140 has got approved in 3 weeks.
I am still not sure whether my attorney has filed appeal with EB2 or EB3 category. Is it possible. My EB2 was changes to EB3 for I-140 quesry in Oct. 2007.
Tnx all.
Thanks for the all the suggestions and views. My I-140 was denied in oct 2007. I have appealed ( MTR) in Dec. 2007 and my I-140 has got approved in 3 weeks.
I am still not sure whether my attorney has filed appeal with EB2 or EB3 category. Is it possible. My EB2 was changes to EB3 for I-140 quesry in Oct. 2007.
Tnx all.
dresses Life in Pursuit of Justice
shirish
08-16 12:53 PM
I think its ok. I am in the same boat. But the applicaiton will be transfered to TSC.
Not sure how long it will take.
Hi All,
My employer filed my I-140 in Texas Service center and I-485/ I-765/ I-131 filed in Nebraska Service center. Is this OK?
When i asked for the reason they are saying they did intentionally. Please clarify.
Not sure how long it will take.
Hi All,
My employer filed my I-140 in Texas Service center and I-485/ I-765/ I-131 filed in Nebraska Service center. Is this OK?
When i asked for the reason they are saying they did intentionally. Please clarify.
more...
makeup Conference is the Hispanic
sledge_hammer
03-06 02:13 PM
The state that's in your LCA
Thanks for all the information and support, I really appreciate that.
I just talked with DOL representative, he was very supportive and he asked me to fill WH4 and fax it to them and said they will take immediate action on this.
I just have one more question, my employer has branch in CA and NJ both states so which address I should mention in WH4? as I think both states have diff. rules.
Thanks for all the information and support, I really appreciate that.
I just talked with DOL representative, he was very supportive and he asked me to fill WH4 and fax it to them and said they will take immediate action on this.
I just have one more question, my employer has branch in CA and NJ both states so which address I should mention in WH4? as I think both states have diff. rules.
girlfriend Justice, Life amp; Peace
HRPRO
02-23 11:28 AM
ARC,
My understanding is you will need a temp work visa to go to Canada, even if you have an EAD.
My understanding is you will need a temp work visa to go to Canada, even if you have an EAD.
hairstyles killers to justice.
gcdreamer05
11-04 11:23 AM
Hey this is good news, atleast the crowd will get reduced in chennai consulate :)
bp333
11-13 05:03 PM
That is GREAT!
I can understand what you have gone through and it must be a big relief for you !
Can you tell us when did you resubmit your application and what fee did they accept..old or new. A friend of mine resubmitted his application a few days ago with new fee... his original app was rejected earlier because his attorney sent thre wrong fee amount...(neither new nor old..)
Good luck and enjoy the feleing now
Thanks. When refiling we submitted checks to cover old fee and an additional check to cover the difference for new fee. I don't know at this point what checks they cashed. For sure, USCIS us being very lenient and cooperative given the volume of cases, July fiasco etc..
I am very positive that your friends filing will get through as well.
I can understand what you have gone through and it must be a big relief for you !
Can you tell us when did you resubmit your application and what fee did they accept..old or new. A friend of mine resubmitted his application a few days ago with new fee... his original app was rejected earlier because his attorney sent thre wrong fee amount...(neither new nor old..)
Good luck and enjoy the feleing now
Thanks. When refiling we submitted checks to cover old fee and an additional check to cover the difference for new fee. I don't know at this point what checks they cashed. For sure, USCIS us being very lenient and cooperative given the volume of cases, July fiasco etc..
I am very positive that your friends filing will get through as well.
tdasara
11-21 06:45 PM
Thank you for the additional info VVR Murthy. I plan on sending everything I have including a letter from HR and manager. Surprisingly they ask for Original Pay Stubs and Bank Statements, most payroll and banks are going paperless and BOA now charges $10 for a custom letter!!
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