Wednesday, June 29, 2011

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  • 90210
    05-03 06:51 PM
    Gurus,

    I just received my EAD now. Though I am a 485 july filer, applied for EAD only in January.

    My 6 th year H1 will come to end in Oct. Because 180 days since 485 filing is over, I want to use AC21 and change the Employer now, and I am thinking why to go again for H1. I have the EAD, and why not use it, though I will be joining another desi employer.
    Does it seem the right thing to do? But everyine else I know changing the employer but again going for H1. Then why at all we have EAD.

    I understand that if GC is rejected, and if we are on H1, we don't have to leave. But if GC is rejected, I really don't care. Even if I get the GC, I want to go to Mera Bharath Mahaan.

    1. What are your thoughts on this?

    2. One thing I am still not clear on is: If EAD renewal is delayed next year, and if I don't receive the approval in time (i.e. before the expiry of my current EAD) will I be out of status because no H1 and no EAD?

    3. I am thinking there is no waiting period of 180 days etc from the EAD approval date to join another employer. Please correct me if this wrong.

    4. If I use EAD, what is the status of my family without H4?





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  • ricky26
    02-04 05:53 AM
    my self (h1 holder) and my spouse (h4 holder) currently out of country. 485 approved for h1 holder. but AOS is still pending for h4 holder. H4 holder does not have AP.

    What happens at POE ? We both have valid h1 and h4 stamping but no AP. are we allowed to re-enter on H1 and H4 ?

    Please help.





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  • fall1998
    05-18 09:47 AM
    Thanks for your response!





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  • asanghi
    02-20 02:11 PM
    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC



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  • desi485
    11-13 01:47 PM
    I had a question about using using AC21.

    Here is the scenario: Let us say I work for XYZ Company who applied for my 140 and 485. I have approved 140, H-1b, EAD and AP.
    If XYZ laid me off or I left them for career progression or more money 180 days after my 485 was filed and 140 approved, what happens to my 485 application?

    Wouldn't USCIS question that since my sponsoring employer does not exist anymore, who am I going to work for once I get my green card? or is this coverd under AC21?


    Please advice!

    sir, if you have worked 180 days for this employer after filling of 485, there are no issues with CIS, atleast legally. However there are some unfortunate incidents going on where IO wrongfully denied 485 petitions when a person changed jobs using AC-21. I urge you to take part in IV AC-21 letters campaign which will help you and all of us to survive any unfortunate, unforseen job loss due to current downturn in economy. (http://immigrationvoice.org/forum/showthread.php?t=22182) It is actully very easy, just print 4 pages and mail it thru' USPS. Won't even cost you $2. Remember this for yours and our future and peace of mind. Arul, I humbly request you to do so for sake of our community. Thanks!





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  • nagu
    02-26 07:07 PM
    On this case, I am getting mixed anwsers

    Employer's lawyer is saying that i can continue to work since have valid I-94 and they are going to appeal. Lawyer called USCIS officers and USCIS officers confirmed this ( !!!).


    Second lawyer is saying that i should stop working on denied petition.


    Once you apply for appeal or motion your H1B peition status changed from 'Denied' to 'Pending' and you may continue to work for employer. - this is my guess

    In fact, I am planning to get advice from murhty too...

    Any thoughts on this.



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  • Backgrounds after the jump .



  • Ann Ruben
    06-25 04:28 PM
    In the US, attorney ethics rules vary somewhat from state to state. In most states, you are clearly entitled to all substantive materials contained in your case file. Unless the retainer/fee agreement clearly obligates you to pay for copying costs in this circumstance, the law firm should give you the documents you want without charge.





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  • vselvam
    05-17 03:40 PM
    After filing 485, Is AC21 based changing employment is legal only when using EAD or it is applicable for H1-B transfer as well?

    History - I filed my 485 in EB3 PD March 2004. Married after that, waiting to file my wife�s 485 for PD. Hence I am maintaining my H1 as well as H4 for my wife.
    I can�t use my EAD.

    I am working as software engineer at a client location for the past 8 yrs. A corporate wide new policy at client location forces me to take full time or quit the job as not allowing a contract for more than two years continuously. I work for a very small American Consulting company and one or two employees in W2. Hence my option to get another client is very limited.

    I like to see what are the options legally can be possible without affecting my GC and legal residency of me and my wife.. I am now on my 11th year on H1 -B

    Can I switch to new employer with a H1 transfer (not using EAD) using AC 21 where the 485 was filed by different employer. Is it possible / I mean using H1B to a new employer not EAD. And extending the H1-B continuously?

    In case if I switch my job, and if the PD become current what are my options? Is my existing 485 application still valid? Can I file my wife�s 485 during the time.

    Can I continue extending my H1-B based on my old I-485 EB3 with the new employer more than one time. assuming my PD may take more than another 3 yrs.

    Do I require to start again my GC process? Or Can I continue with the same existing filed application?

    I can start a fresh GC with the new employer with EB2 as I gained another 6 yrs experience. But don�t know how long it takes, Can I continue extending my H1-B based on my old I-485 EB3?

    Any advice is appreciated.

    Thanks



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  • PDOCT05
    10-16 12:37 PM
    Gurus Need Help.

    We filed for I-485 on july 3rd..and got receipt numbers after calling USCIS for 3 of us.Yesterday we got receipt notices for me and my wife..but for my son we haven't received the notice when i checked the status online..it says case is rejected and here is the text message from the online..,
    "On October 10, 2007, we determined that this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was not properly filed, rejected it, and mailed it back to you with all supporting materials along with a notice describing the reasons the case was rejected. The notice will also describe what will need to be done to properly submit the case"

    Is any one with the similar situation? Please help what could be the reason??
    and how long it will take to receive the rejected notice?

    any info will be great help...,

    Thanks,





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  • kirupa
    08-26 03:33 PM
    I think I found it. For the property you are wishing to limit the range of values to, set the NumberRangesAttribute defined in Microsoft.Windows.Design.Interaction DLL.

    Cheers!
    Kirupa :)



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  • sxk
    09-14 07:22 PM
    I applied for I 485 , AP and EAD during 07 July. I got a fp notice back in 2007 and I got another one two weeks ago. I went ahead and did my bio-metrics over the weekend at TSC Application Support Center.

    Does this mean that somebody has looked into my file and pre adjudicated it? or is it a automated thing and does not mean anything?

    Please advice!





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  • thakkarbhav
    01-18 03:49 PM
    No issues. There should not be wide difference between your current salary and PERM application wage Information.



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  • indi0818
    03-07 05:25 PM
    Yes, what is this security clearance? I have applied for H1B renewal after 3 years on July 23rd (my receipt date) of 2007, and this still has not been processed and sent. I was told it has been sent for security clearance. I am here in US working without H1B visa after 7 months of my H1B visa expiry while my renewal is still pending as of today (03/07/08). Does anyone have an idea when is this going to be processed and will I ever get my work visa renewed ?





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  • saibaba
    12-05 12:20 AM
    thanx for the info lakshmi...



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  • marinash
    04-02 12:22 PM
    I have a question. Our files are stuck in the Chicago local office (after our interview last year) and the only thing pending is the Namecheck, which has been pending for more than 180 days. Our PD is current. Is anyone in the same position?

    It is frustrating because you do not get any LUDs when your files are in the local office and I have no indication whether the Chicago officeis processing cases with NC pending > 180 days. Anyone knows?





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  • Honda
    08-19 09:02 PM
    Can we ( VA, DC and MD members ) could meet up some week end to discuss Past/present/future IV/Non-IV issues. And it would be a good event not only to get to know each other and to get new people in.It would be a great if atleast one core member presides the event.

    Hi VDL Rao

    Where are you located now? From the last couple of months i did not see your messages also.



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  • gc_aspirant_prasad
    07-10 09:32 PM
    Yep. if you have offer, work visa is no issue in Canada.





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  • sendmailtojk
    07-19 11:44 AM
    Is it mandatory to spend [B]at least[B] 6 months residing in the US every calendar year after obtaining a GC? :confused:





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  • whiteStallion
    10-14 03:14 AM
    I agree, so disappointing !





    Jaime
    09-05 12:52 AM
    i know you are coming - that's why i was reminding you :D

    by updating the profile you will get lobby day announcements etc

    btw i sent you a pm....

    I sent you an pm back!





    neeidd
    12-04 12:22 PM
    Dude

    your regular employment letter that you get from HR should work. There is no special format for POE.
    Thanks Dude :)



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