lazycis
12-15 02:50 PM
AC21 cannot be used before 180 days. Also the employer may be upset if you take a vacation and do not return. Why not give two-week notice and quit normally? Plus, the new job is contract to hire. To use AC21, the new employment offer has to be permanent, IMHO. Programmer analyst to DBA may not be a big issue. You have to try to make sure your previous employer will not withdraw I-140.
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krishnam70
10-02 03:40 PM
Hello Everybody,
Due to budget restrictions, I may be getting laid off from my company soon. I have filed for I-485 and have received EAD. I am currently on H1B. I have a citizen friend who runs his own company. He has no employees. He does pretty much all work by him self or get it done by hiring outsouced help whenever needed. He has a legitimate company - but he does not have big revenue (May be 100K/ year). Would it be okay if I join his company on EAD to get my GC going or should I look for a firm that employs lot of people and has sizable revenues. What (if any) are any risks?
Thank you.
Some scenarios to consider
1. If 140 is approved and its been 6 months since date of 485 application and your company who sponsored is not revoking 140, then ability to pay might not matter and you don't care since you can use AC21
2. If 140 is approved and it has not been 6 months since 485 application date and you are on good terms with and your employer is not going to revoke your 140 , take an unpaid vacation to fill the 6 months gap if you can, then you are still safe to use AC21.
3. If your 140 is not approved but you have passed the 180 days litmus test and you use AC21 to move to another employer then the ability to pay might come in to picture if any RFE is done by USCIS.
4. If 140 is not approved and you have not passed 180 days its a variation of the 2nd case and if you can pull it off you can use AC21 and work elsewhere later.
there might be other scenarios but consider each of them carefully before making the decision. While it might seem a simple decision having come so far in your journey you don't want to make as wrong decision only to rue it.
- good luck
Due to budget restrictions, I may be getting laid off from my company soon. I have filed for I-485 and have received EAD. I am currently on H1B. I have a citizen friend who runs his own company. He has no employees. He does pretty much all work by him self or get it done by hiring outsouced help whenever needed. He has a legitimate company - but he does not have big revenue (May be 100K/ year). Would it be okay if I join his company on EAD to get my GC going or should I look for a firm that employs lot of people and has sizable revenues. What (if any) are any risks?
Thank you.
Some scenarios to consider
1. If 140 is approved and its been 6 months since date of 485 application and your company who sponsored is not revoking 140, then ability to pay might not matter and you don't care since you can use AC21
2. If 140 is approved and it has not been 6 months since 485 application date and you are on good terms with and your employer is not going to revoke your 140 , take an unpaid vacation to fill the 6 months gap if you can, then you are still safe to use AC21.
3. If your 140 is not approved but you have passed the 180 days litmus test and you use AC21 to move to another employer then the ability to pay might come in to picture if any RFE is done by USCIS.
4. If 140 is not approved and you have not passed 180 days its a variation of the 2nd case and if you can pull it off you can use AC21 and work elsewhere later.
there might be other scenarios but consider each of them carefully before making the decision. While it might seem a simple decision having come so far in your journey you don't want to make as wrong decision only to rue it.
- good luck
axp817
03-16 02:35 PM
Did anyone read the OP's post or the newsletter before they decided to bash him/her for "advertising" Ron Gotcher's newsletter?
All the OP is trying to do is direct people to information that might prove helpful.
And the newsletter has articles on issues besides visa bulletin predictions, so not everything coming out of Ron G's mouth is speculation.
I read it, and I found the H1B vs EAD article particularly informative, better than any of the other EAD vs H1B articles I have read in the past.
All the OP is trying to do is direct people to information that might prove helpful.
And the newsletter has articles on issues besides visa bulletin predictions, so not everything coming out of Ron G's mouth is speculation.
I read it, and I found the H1B vs EAD article particularly informative, better than any of the other EAD vs H1B articles I have read in the past.
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niceguy369
04-04 03:30 PM
To IV Core team:
You guys are awesome and please continue with your efforts. We are all behind you guys. Ignore those people who are indirectly diverting you guys. Guys like 'bheemi' instead of encoraging this guy discourages completely.
It is so sad that we have some members in our group working against us :-(
Thanks,
Nice Guy
You guys are awesome and please continue with your efforts. We are all behind you guys. Ignore those people who are indirectly diverting you guys. Guys like 'bheemi' instead of encoraging this guy discourages completely.
It is so sad that we have some members in our group working against us :-(
Thanks,
Nice Guy
more...
rahul2699
04-28 03:30 PM
I have created several documents and am working on a similar one as outlined below. But we need 50 people working on such items instead of one.
We have lots of ideas pouring into threads here but most are soon forgotten and not followed up on.
gc_peshwa has created a googlegroup to deal with participating on USCIS calls etc. We can add this agenda to that group to prevent creation of too many googlegroups and spreading ourselves thin. Alternatively we have a "Media" googlegroup as well which is dormant. That group could be used for this purpose.
This is interesting..i am down to help if you are looking for volunteers....I completely agree that lawmakers often overlook the advantages of temporary legal immigrants and by publishing suck documents will certainly help
We have lots of ideas pouring into threads here but most are soon forgotten and not followed up on.
gc_peshwa has created a googlegroup to deal with participating on USCIS calls etc. We can add this agenda to that group to prevent creation of too many googlegroups and spreading ourselves thin. Alternatively we have a "Media" googlegroup as well which is dormant. That group could be used for this purpose.
This is interesting..i am down to help if you are looking for volunteers....I completely agree that lawmakers often overlook the advantages of temporary legal immigrants and by publishing suck documents will certainly help
desi3933
02-11 06:41 AM
Would request you to elaborate a bit.
Note that I am not using either my EAD or my AP. All I am using is H1-B and my Canadian Passport to enter and leave US. Most people on the Canadian US border to that.
Also, I commute to US everyday to work, which is less than an interval of 12 hours.
Your input is greatly appreciate. Thank you.
Using H1-B or AP does not make a difference. Filing I-485 implies that you have a residence here in the US.
Having said that, typically, trips outside US that lasts less than 24 hours are not counted. That way, daily trips could be OK. However, may I ask, where do you spend your weekend?
It comes down to this question. Are you residing in US? The burden of proof is on beneficiary (I-485 applicant).
I would suggest that you should consider getting second opinion from a reputed attorney.
Hope that helps.
_______________________
Not a legal advice.
US Citizen of Indian Origin
Note that I am not using either my EAD or my AP. All I am using is H1-B and my Canadian Passport to enter and leave US. Most people on the Canadian US border to that.
Also, I commute to US everyday to work, which is less than an interval of 12 hours.
Your input is greatly appreciate. Thank you.
Using H1-B or AP does not make a difference. Filing I-485 implies that you have a residence here in the US.
Having said that, typically, trips outside US that lasts less than 24 hours are not counted. That way, daily trips could be OK. However, may I ask, where do you spend your weekend?
It comes down to this question. Are you residing in US? The burden of proof is on beneficiary (I-485 applicant).
I would suggest that you should consider getting second opinion from a reputed attorney.
Hope that helps.
_______________________
Not a legal advice.
US Citizen of Indian Origin
more...
dpp
08-11 01:38 PM
Do you have WAC or LIN numbers?
Got following email today on my daughters case today. NSC July Filer. EB2 I Mar 2006.
All our cases show this status now.
Any idea what happens next?
Current Status: This case is now pending at the office to which it was transferred. The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.
Got following email today on my daughters case today. NSC July Filer. EB2 I Mar 2006.
All our cases show this status now.
Any idea what happens next?
Current Status: This case is now pending at the office to which it was transferred. The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.
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jatinr
09-21 05:51 PM
Had applied on July 19th , receipt date of July 20th.
I never received any receipt notice and today I received transfer notice
WAC....
Receipt date Sep 14th 2007
Notice Date Sep 17th 2007.
Does it mean I lost the original receipt date of July 20th which should have been ideally my receipt date.
I never received any receipt notice and today I received transfer notice
WAC....
Receipt date Sep 14th 2007
Notice Date Sep 17th 2007.
Does it mean I lost the original receipt date of July 20th which should have been ideally my receipt date.
more...
logiclife
01-03 06:04 PM
If your 485 is filed and you have spent 180 days after that, then the AC21 portability allows you to change employers and change job locations but not the job description.
Even after 180 days on 485 stage, you can use EAD to change employers as many times as you want and get jobs in different cities/states but the job description should be the same -- which means that you cannot except promotions because promotions do change job descriptions.
I am pretty sure about this part and I have verified this part of AC21 portability with a lawyer before.(make that a very reputed and smart lawyer)
You may want to check this part before accepting that promotion.
For the derivative beneficiary, like the spouse who gets EAD because of primary applicant of 485, there are no restrictions though.
Even after 180 days on 485 stage, you can use EAD to change employers as many times as you want and get jobs in different cities/states but the job description should be the same -- which means that you cannot except promotions because promotions do change job descriptions.
I am pretty sure about this part and I have verified this part of AC21 portability with a lawyer before.(make that a very reputed and smart lawyer)
You may want to check this part before accepting that promotion.
For the derivative beneficiary, like the spouse who gets EAD because of primary applicant of 485, there are no restrictions though.
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karthikgk
06-14 04:20 PM
porting can be beneficial but attempt it only if you are 100% sure that it will succeed and talk to your lawyer before you do it and don't attempt to do it yourself. it will be a lengthy process with increased scrutiny. 3-4 months for labor and atleast 1 year for 140 processing and moreover DOL is making it tougher for EB2 with strict adherence to the rules and increased scrutiny. after all this, there is a very high likelihood of getting RFE from USCIS at 485 stage. if any EB3 person has EAD, AP then it would be best to play it safe and stay with EB3 as you already have the benefits of EAD and AP. I know it would be much much better if you have a green card, but would you have it safe and sure or do you want to go through all the stress of refiling and preparing for all the problems in the process? it should be ones own personal choice. moreover I am hopeful that things will move favorably after the elections with the immigration reform and might result in some relief for all EB categories
Thanks all for the various responses. However, Immique, what kind of RFE can be expected @ 485 stage?
Also, I have moved to Biz Dev from an engineer after my Labor. I now have my 140 and EAD. Is there any risk because of my change in role?
Thanks all for the various responses. However, Immique, what kind of RFE can be expected @ 485 stage?
Also, I have moved to Biz Dev from an engineer after my Labor. I now have my 140 and EAD. Is there any risk because of my change in role?
more...
Hi_Nu
04-17 04:15 PM
At this point, I'm not interested in learning XML or XSLT, my point was that you really don't <i>need</i> all of those things, escpecially when you are first starting out. There are plenty of people who would be happy to hire someone and keep paying them to update. And PHP would work just as well as a content management system (with mySQL of course)
yep, but that is not XML is about, but a mySQL would work too, but is it a need to learn mySQL (I need to upgrade my local host)
yep, but that is not XML is about, but a mySQL would work too, but is it a need to learn mySQL (I need to upgrade my local host)
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arunmohan
08-14 12:04 AM
I will come to DC.
I am sending Mirage's letter Today and will send Pani_6's letter tomorrow.
I am sending Mirage's letter Today and will send Pani_6's letter tomorrow.
more...
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Dhundhun
08-05 01:45 PM
I think over this issue several times (my kids are of this age).
A person (Indian) with green card marrying to an Indian Citizen (whether in Indian or on H1 Visa or on F1 Visa) offers no help but adds misiries to spouse and family.
Somtimes I think, it to be a pressure technique - hey now you have GC and you are unmarried - so marry American (or GC holder) and contribute to growth and well being of those who are already in US.
My 2 cents on this situation.
A person (Indian) with green card marrying to an Indian Citizen (whether in Indian or on H1 Visa or on F1 Visa) offers no help but adds misiries to spouse and family.
Somtimes I think, it to be a pressure technique - hey now you have GC and you are unmarried - so marry American (or GC holder) and contribute to growth and well being of those who are already in US.
My 2 cents on this situation.
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watzgc
03-25 01:10 PM
Applied : Jul 7, 2007
RD: Jul 13, 2007
RFE: Mar 6, 2008
Yet to reply to RFE..
RD: Jul 13, 2007
RFE: Mar 6, 2008
Yet to reply to RFE..
more...
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mhathi
06-16 05:31 PM
just for comparison sakes...do remember that the distance from churchgate to virar (in bombay) is 35 km. http://en.wikipedia.org/wiki/Mumbai_Suburban_Railway.
That is equivalent of approx 22 miles. I doubt there is anybody is bombay that drives 35 km one way on a daily basis. But in the US living 10-20 miles from work is not bad. People in my office drive about 40 miles one way without blinking an eyelid. Some drive even more. Plus the cars that they have in india have smaller engines, smaller capacity thereby better gas mileage.
So for people who say gas is a non issue, think again.
not to mention public tranportation in Bombay compared to majority of US cities, barring handful like San Francisco, Chicago and New York.
That is equivalent of approx 22 miles. I doubt there is anybody is bombay that drives 35 km one way on a daily basis. But in the US living 10-20 miles from work is not bad. People in my office drive about 40 miles one way without blinking an eyelid. Some drive even more. Plus the cars that they have in india have smaller engines, smaller capacity thereby better gas mileage.
So for people who say gas is a non issue, think again.
not to mention public tranportation in Bombay compared to majority of US cities, barring handful like San Francisco, Chicago and New York.
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nb_des
10-09 02:37 PM
It will be other way round that nurses/PT will be stuck waiting for EB3 dates in April 01. Most of nurses/PT will have PD of 06 or 05.
Do not forget that the nurses / ph Therapist category swallows bunch of or all of EB3 visa numbers. This category is always current and they can make this EB3 to get stuck in April 22'01 for years.
Unfortunately most of the nurses also come from India I beleive. Some come south africa and phillipines. Do we have any data on this anywhere?
Do not forget that the nurses / ph Therapist category swallows bunch of or all of EB3 visa numbers. This category is always current and they can make this EB3 to get stuck in April 22'01 for years.
Unfortunately most of the nurses also come from India I beleive. Some come south africa and phillipines. Do we have any data on this anywhere?
more...
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niklshah
08-28 10:37 AM
Guys pls stop taking useless info pass appointments. People like me who have not received EAD and may loose the job are not able to get infopass appointments because of all the people taking appt to know the 485 status. Pls understand......
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guyfromsg
05-30 09:26 PM
I have two 797s:
1. Valid from Feb 2006 to June 04th 2007
2. June 05th 2007 to June 04th 2010
I went to India in Mar 07 and got the stamping till 2010. The old visa stamping was from prev employer and already got expired. The new visa stamp has both 797 Receipt #s and effective dates. Had I got my visa stamping after June 2007, everything would be cool and dandy. As I got the stamping before the current one expired and came into US before the current one expired, I was given and I-94 that ends on June 04th 2007. As this I-94 is the latest, I feel that this invalidates my other I-94 I got in my new 797. I left a VM to my lawyer. Hope he gets back and I am looking into applying for my H1B extension. This sucks :(
Her visa stamp was expiring on 15Feb07 and she entered US in Dec'06 and she was carrying the extended H4 I-797 valid till 2009. The officer at POE gave the I-94 valid only till 15Feb07. I did lot of research and found the last action on I-94 invalidates the previous ones. So her I-94 was valid only till 15Feb07. I went to the local CBP office and the officer understood what I'm talking about. He took copy of I-94 and issued a new I-94. He faxed it to some company which keeps the I-94 database.
So if possible it's better to go in person and explain. My 2 cents.
1. Valid from Feb 2006 to June 04th 2007
2. June 05th 2007 to June 04th 2010
I went to India in Mar 07 and got the stamping till 2010. The old visa stamping was from prev employer and already got expired. The new visa stamp has both 797 Receipt #s and effective dates. Had I got my visa stamping after June 2007, everything would be cool and dandy. As I got the stamping before the current one expired and came into US before the current one expired, I was given and I-94 that ends on June 04th 2007. As this I-94 is the latest, I feel that this invalidates my other I-94 I got in my new 797. I left a VM to my lawyer. Hope he gets back and I am looking into applying for my H1B extension. This sucks :(
Her visa stamp was expiring on 15Feb07 and she entered US in Dec'06 and she was carrying the extended H4 I-797 valid till 2009. The officer at POE gave the I-94 valid only till 15Feb07. I did lot of research and found the last action on I-94 invalidates the previous ones. So her I-94 was valid only till 15Feb07. I went to the local CBP office and the officer understood what I'm talking about. He took copy of I-94 and issued a new I-94. He faxed it to some company which keeps the I-94 database.
So if possible it's better to go in person and explain. My 2 cents.
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ramaonline
01-25 12:37 PM
I can create a spreadsheet on thinkfree.com or any other collaboration site with information about monthly or recurring contributions
All those who have contributed please send me the details via private message so that this thread does not get swamped - I will work on it next weekend.
All those who have contributed please send me the details via private message so that this thread does not get swamped - I will work on it next weekend.
pappu
06-20 10:08 AM
Personnel message sent.
Saw your message. Thanks.
If that is the sole reason for denial, consider filing an appeal and think of a backup plan. Get a good lawyer if you do not have one.
Saw your message. Thanks.
If that is the sole reason for denial, consider filing an appeal and think of a backup plan. Get a good lawyer if you do not have one.
admin
04-08 09:05 PM
Great work Alok in getting this endorsement from AAPI and Dr Koli. This goes to prove that we are getting more and more broad based support.
IV has been endorsed by Dr Vijay N Koli, President of American Association of Physicians of Indian Origin! http://www.aapiusa.org/index.aspx
AAPI, under the able leadership of Dr Koli and its Legislative Director, Anurag Varma, have been helping us behind the scenes. With acceptance of this Advisory Role Dr Koli has chosen to formalize this relationship.
Dr Koli is an Internal Medicine physician who has been in practice for over 27 years in San Antonio, TX and who has ably led AAPI on some fresh initiatives. One of these involves AAPI formally providing expertise to the Indian Government in healthcare � this was formally acknowledged by the Prime Minister of India as one of the great initiatives at the latest Pravasi Bharatia Divas.
Our cause is strengthened by Dr Koli and AAPI & their blessings!
IV has been endorsed by Dr Vijay N Koli, President of American Association of Physicians of Indian Origin! http://www.aapiusa.org/index.aspx
AAPI, under the able leadership of Dr Koli and its Legislative Director, Anurag Varma, have been helping us behind the scenes. With acceptance of this Advisory Role Dr Koli has chosen to formalize this relationship.
Dr Koli is an Internal Medicine physician who has been in practice for over 27 years in San Antonio, TX and who has ably led AAPI on some fresh initiatives. One of these involves AAPI formally providing expertise to the Indian Government in healthcare � this was formally acknowledged by the Prime Minister of India as one of the great initiatives at the latest Pravasi Bharatia Divas.
Our cause is strengthened by Dr Koli and AAPI & their blessings!
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