sparky_jones
05-07 12:23 PM
Some are of the opinion that filing AC21 draws unnecessary attention & scrutiny of your application (apparently which would not happen if you do not file AC21).
But I found this article from Murthy.com to be conclusive on this matter.
MurthyDotCom : Risk of GC Rescission for Failure to Notify Change of Job / Employer! (http://www.murthy.com/news/n_risres.html)
Filing AC21 is the safest approach -- I guess there is no need worry if the papers are in line.
I continue to be amazed at how much opinion differs on this matter among the immigration lawyers community. If you ask Ron Gotcher, he would come out guns blazing telling you that you are nothing short of a fool inviting trouble if you pro-actively inform USCIS of job change under AC21. He claims to have seen "monster" RFEs result from such notifications, causing unnecessary and avoidable pain. On the other hand, Murthy is strongly in support of such notification, claiming that they haven't seen any additional RFEs from such notification, and that it's best to inform USCIS of job changes. They give the example of avoidance of future GC rescission as the motivation.
So, who's telling the truth? Maybe Ron has a point. Maybe Murthy encourages AC21 notification because it brings additional business to them. Or maybe Ron is blowing hot air..and Murthy is right. Who knows...
At the end of the day, it boils down to you. Who do you want to trust?
But I found this article from Murthy.com to be conclusive on this matter.
MurthyDotCom : Risk of GC Rescission for Failure to Notify Change of Job / Employer! (http://www.murthy.com/news/n_risres.html)
Filing AC21 is the safest approach -- I guess there is no need worry if the papers are in line.
I continue to be amazed at how much opinion differs on this matter among the immigration lawyers community. If you ask Ron Gotcher, he would come out guns blazing telling you that you are nothing short of a fool inviting trouble if you pro-actively inform USCIS of job change under AC21. He claims to have seen "monster" RFEs result from such notifications, causing unnecessary and avoidable pain. On the other hand, Murthy is strongly in support of such notification, claiming that they haven't seen any additional RFEs from such notification, and that it's best to inform USCIS of job changes. They give the example of avoidance of future GC rescission as the motivation.
So, who's telling the truth? Maybe Ron has a point. Maybe Murthy encourages AC21 notification because it brings additional business to them. Or maybe Ron is blowing hot air..and Murthy is right. Who knows...
At the end of the day, it boils down to you. Who do you want to trust?
amsgc
01-31 11:57 PM
I called the general customer service number - National Customer Service Center (NCSC) at 1-800-375-5283.
As I mentioned earlier, I did not go through with the options of sending the info. to the US consulate. But I will give it a try tomorrow. I don't know what you can do with that option (PIMS etc), but it is worthwhile to explore.
At what number did you call? Was it Kentucky Consular Center? Do you mean that we can have our information sent to PIMS system or consulate in India? In other words, does that say anything particularly about PIMS?
As I mentioned earlier, I did not go through with the options of sending the info. to the US consulate. But I will give it a try tomorrow. I don't know what you can do with that option (PIMS etc), but it is worthwhile to explore.
At what number did you call? Was it Kentucky Consular Center? Do you mean that we can have our information sent to PIMS system or consulate in India? In other words, does that say anything particularly about PIMS?
sunnymit
08-10 01:45 PM
Hello,
My fiancee and I got married in India in May 2010 and have a marriage certificate. I came back in June 2010 to US and she stayed back in India. On August 8th 2010 my I-485 got approved. However we have not yet registered our marriage in US (however it is registered in India). Will this be a problem? Did we need to register our marriage in US prior to August 02 2010 for us to be able to file for her green card using derived status? Or is marriage registered in India fine.
I really really appreciate a response.
Indian marriage certificate is fine. I am curious though.. How did you intend to register the marriage in US? The only way I know is that you will need to get married here in US to get a marriage certificate here. No?
My fiancee and I got married in India in May 2010 and have a marriage certificate. I came back in June 2010 to US and she stayed back in India. On August 8th 2010 my I-485 got approved. However we have not yet registered our marriage in US (however it is registered in India). Will this be a problem? Did we need to register our marriage in US prior to August 02 2010 for us to be able to file for her green card using derived status? Or is marriage registered in India fine.
I really really appreciate a response.
Indian marriage certificate is fine. I am curious though.. How did you intend to register the marriage in US? The only way I know is that you will need to get married here in US to get a marriage certificate here. No?
LC2002
04-14 11:09 AM
Congratulations!
Thanks
Thanks
more...
axp817
04-11 07:20 PM
got my 2yr EAD on Apr 1 and now a soft LUD on my 485 on 4/10.........and my date is nowhere close.....its feb 07....not sure whts going on.....I discussed it with an attorney in worse cum worse case I will be exploring the self employment clause onyou EAD......
Anyways if they issue an RFE isn't it generally mentioned there....in my case its not stating any status change........just a soft LUD
regards
Saket
Saket,
It is very common to see soft LUDs on the 485/140 when your EAD/AP get approved, especially if the 485/140 and the EAD/AP were filed at the same service center.
And yes, an RFE is almost always accompanied by a status change/hard LUD, reason I say 'almost' is because of the recent issues with the TSC computer system.
If you end up going the self employment route, please do keep us posted, I am sure many here would like to understand how that works and possibly explore it themselves.
Good luck.
Anyways if they issue an RFE isn't it generally mentioned there....in my case its not stating any status change........just a soft LUD
regards
Saket
Saket,
It is very common to see soft LUDs on the 485/140 when your EAD/AP get approved, especially if the 485/140 and the EAD/AP were filed at the same service center.
And yes, an RFE is almost always accompanied by a status change/hard LUD, reason I say 'almost' is because of the recent issues with the TSC computer system.
If you end up going the self employment route, please do keep us posted, I am sure many here would like to understand how that works and possibly explore it themselves.
Good luck.
gbof
05-01 07:42 AM
One of my friend who applied for an EAD renewal got it approved. But it went back to USCIS as undeliverable by post office. So he calls USCIS and opens an SR, and the rep says that his PR card application has been approved and will be remailed to him. Which means, they initially sent the GC instead of EAD. Can this happen? His PD is not current, he is from india with a PD of 2004.
Also, after he opened an SR for this, he received a notice from USCIS via postal mail that an SR was created and that they are remailing the PR card and if he does not receive it within 60 days, he needs to call them.
I told him that they are mistaking PR card for an EAD card and its the EAD card thats coming back to him. Anyone here had such an experience?? And defenitely my friend is just not excited too as he knows USCIS does not even know to put the correct card name in the notice.
most likely, they are talking abt EAD.
BTW: Did you receive your EAD yet? If so was it 1yr / 2 yr duration?. Your's is an interesting case of being approved within 1-week (altough filed before 120 days of expiration and mailed at the wrong center)
Also, after he opened an SR for this, he received a notice from USCIS via postal mail that an SR was created and that they are remailing the PR card and if he does not receive it within 60 days, he needs to call them.
I told him that they are mistaking PR card for an EAD card and its the EAD card thats coming back to him. Anyone here had such an experience?? And defenitely my friend is just not excited too as he knows USCIS does not even know to put the correct card name in the notice.
most likely, they are talking abt EAD.
BTW: Did you receive your EAD yet? If so was it 1yr / 2 yr duration?. Your's is an interesting case of being approved within 1-week (altough filed before 120 days of expiration and mailed at the wrong center)
more...
roseball
03-07 03:25 PM
Still valid meaning it has not expired.
uma78
06-02 08:44 PM
Not attacking you, but you will acknowledge that not every IV member shares his every trick on this forum - what have you shared?
I share what I know and relevant to the thread :D.
I share what I know and relevant to the thread :D.
more...
mattresscoil
11-05 02:29 PM
I find it difficult to digest that parents ship their infant children to someone else to raise.
Shantanup:
Circumstances my friend...Circumstances
1. Either you dont have kids to understand
2. Or you are blessed/lucky enough to have great circumstances to raise your kids personally.
You have expressed your feeling that it is difficult to digest and I respect it. Thanks for voicing your opinion which BTW did not give me any information on what documents are required. Others have responded, Thanks to the responders and you too Shantanup!
It helps the situation when one asks for a question and one is able to answer instead of voicing ones own personal problem/opinion. Anyways I wish all well to you and hope you never have to ship your kids!!
Best Wishes, Mattresscoil!!
Shantanup:
Circumstances my friend...Circumstances
1. Either you dont have kids to understand
2. Or you are blessed/lucky enough to have great circumstances to raise your kids personally.
You have expressed your feeling that it is difficult to digest and I respect it. Thanks for voicing your opinion which BTW did not give me any information on what documents are required. Others have responded, Thanks to the responders and you too Shantanup!
It helps the situation when one asks for a question and one is able to answer instead of voicing ones own personal problem/opinion. Anyways I wish all well to you and hope you never have to ship your kids!!
Best Wishes, Mattresscoil!!
abheja
12-21 07:25 PM
Wrong. The DS-160 is just part of the process. Consulates all over the world cannot issue visa until they can verify through PIMS. I was asked a lot of questions in the interview because my name did not appear in PIMS. At the end, the consulate said, I qualify for the VISA but their hands are tied. Consulates have no control over PIMS and according to the consulate, they send an inquiry to KCC and have to wait for them to update.
My interview was in June so I don't know if things have changed since but please consult your attorney.
My interview was in June so I don't know if things have changed since but please consult your attorney.
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eswaraprasad73
02-12 12:49 PM
My friend's I-140 was field in Oct. It was filed at VT, but finally got transferred to TX. I-140 got approved in just 10 business days.
This is a surprise for us.
This is a surprise for us.
waitin_toolong
12-07 02:39 PM
Request transfer to Counsular processing, withdraw I-485, I-131 and EAD
remeber cannot come back to USA using F1, B1 or any such non-immigrant visa.
H1/L1 can be used is there is time left on these/ spent 1 year abroad if not
remeber cannot come back to USA using F1, B1 or any such non-immigrant visa.
H1/L1 can be used is there is time left on these/ spent 1 year abroad if not
more...
harsh
01-05 02:14 PM
To add to what logiclife said, even if you were to apply for a change of status, make sure your friend has been in the US for more than 60 days. If you apply for a change of status to H1B within 60 days of coming here, then it will deemed by USCIS that your intention to travel to US was to find a job and that you committed a fraud when you applied for a B2 which is a tourist visa. So if you apply within 60 days then USCIS will surely reject the application. It is true for almost all visas if you happen to apply for a change of status within 60 days of arriving in US.
gcwait2007
09-30 11:24 AM
FP notice comes along with receipt notices for I-485,765 & 131.
We got our FP notice for 10/19 (Friday) in San Antonio TX center.
==================
LC PD : 02/20/2007 (LC Sub case)
I-140 pending with NSC since 06/29/2007
I-485, 131 & 765 sent to TSC on 08/01/2007, receipts notice dt 09/26/2007
We got our FP notice for 10/19 (Friday) in San Antonio TX center.
==================
LC PD : 02/20/2007 (LC Sub case)
I-140 pending with NSC since 06/29/2007
I-485, 131 & 765 sent to TSC on 08/01/2007, receipts notice dt 09/26/2007
more...
GCAmigo
12-13 11:59 AM
I'm in the US working on L1 visa, though I have an expired visa, I have I94 valid until Jun 2008 which makes me legal to work here until Jun 2008. Now, I'm planning to travel to India, Do I need transit visa in France if I travel via france.
What on earth makes you legal to work with an expired Visa?
What on earth makes you legal to work with an expired Visa?
prdgl
02-13 10:05 PM
Thanks a lot. This is more in depth and I am not understood how these things work.
So if I have MS+ 0 then I think I have to post my ad for JobZone 5. In that case, my SVP will be 7 because MS = 4 yrs and 0 expr = nothing. So i will not exceed SVP 7.
So is the combination,
JobZone 5 with an SVP 7 will work for MS+0.
Also for a software developer or related work, i don't see JobZone5. What kind of positions suit for JobZone 5 in software developers world ?
Anybody know about these things ? please drop in your thoughts
Thanks
So if I have MS+ 0 then I think I have to post my ad for JobZone 5. In that case, my SVP will be 7 because MS = 4 yrs and 0 expr = nothing. So i will not exceed SVP 7.
So is the combination,
JobZone 5 with an SVP 7 will work for MS+0.
Also for a software developer or related work, i don't see JobZone5. What kind of positions suit for JobZone 5 in software developers world ?
Anybody know about these things ? please drop in your thoughts
Thanks
more...
nogc_noproblem
07-19 04:01 AM
I am in the same situation like you, thanks for the details.
Just wanted to share our 7th year H-1B extension stamping in Chennai on July 15th. Since my I-140 was approved, the I-797 petition was approved for 3 years. My family (wife and daughter) attended the interview along with me. The procedure for H-1B extension/renewal is much easier in Chennai compared to first time stampers. There is a separate counter for renewals and the interview procedure is quite simple. After the initial screening of documents, we went to a separate renewal counter which did not have any queue.
The VO just asked some questions about my nature of the job and how long I have been with my company. FYI, my company is a major reputed IT Foreign MNC. My family was not asked any questions. We did not have any PIMS delays and I got the passport couriered the very next day itself. The petition was approved a month before the stamping. Overall it is a much streamlined process for H-1B visa extensions/renewals.
Thanks MP70
Just wanted to share our 7th year H-1B extension stamping in Chennai on July 15th. Since my I-140 was approved, the I-797 petition was approved for 3 years. My family (wife and daughter) attended the interview along with me. The procedure for H-1B extension/renewal is much easier in Chennai compared to first time stampers. There is a separate counter for renewals and the interview procedure is quite simple. After the initial screening of documents, we went to a separate renewal counter which did not have any queue.
The VO just asked some questions about my nature of the job and how long I have been with my company. FYI, my company is a major reputed IT Foreign MNC. My family was not asked any questions. We did not have any PIMS delays and I got the passport couriered the very next day itself. The petition was approved a month before the stamping. Overall it is a much streamlined process for H-1B visa extensions/renewals.
Thanks MP70
pradeepd
01-23 12:39 AM
Thanks for your response. I'm leaning more towards Canada as I can avoid travel with my baby to India.
Do you think they might reject the case for any reasons?
How long do I have to stay in Canada if in case it's approved?
Thanks
Sudha
Do you think they might reject the case for any reasons?
How long do I have to stay in Canada if in case it's approved?
Thanks
Sudha
stxvr
07-09 11:25 AM
"Desi3933- For valid H1 status, the LCA location dictates the job location. The job location must be 50 miles (I need to check on this) with in LCA location."
1. From where you found this 50 mile rule. Are you sure about this?
2. If you have worked on 2 LCAs (1 used for the 1 time 1HB, another during the extension), then in that case they look into the latest (used for extension) OR they look into both?
1. From where you found this 50 mile rule. Are you sure about this?
2. If you have worked on 2 LCAs (1 used for the 1 time 1HB, another during the extension), then in that case they look into the latest (used for extension) OR they look into both?
alterego
08-23 11:36 AM
You def should get come Sept 1st
I still dont see anyone within Octo 1st 2003, thats really cool
Being current means very little. I've been there 3 times over the last few years. 4 years after filing my 485, and 2 RFEs later(each generated during a PD current period BTW) and 3 "currents", I am still waiting. I am on my 5th EAD.
So while optimism is good, with the USCIS don't get too hopeful. Incompetence abounds.
I still dont see anyone within Octo 1st 2003, thats really cool
Being current means very little. I've been there 3 times over the last few years. 4 years after filing my 485, and 2 RFEs later(each generated during a PD current period BTW) and 3 "currents", I am still waiting. I am on my 5th EAD.
So while optimism is good, with the USCIS don't get too hopeful. Incompetence abounds.
kartikiran
08-17 05:24 PM
Recently(July 12th 2009) travelled from Hyd to JFK via Dubai on AP. No problems with the airlines. Had to clear the secondary inspection at JFK airport ala Shahrukh Khan...;)
Note, was using my AP for the 2nd time within an year travelling from India.
I just came back this afternoon (1:30 PM EST) via Dubai...Atlanta..from Chennai.. Just showed AP document and passport.. no questions asked...
Airline just verified AP at Chennai and Dubai to ensure I travel with valid documentation to USA.
sanjay02: Dependents may need to produce Primary Applicant's 485 receipt just incase they ask.. Not sure if it really matters as there is no primary or dependent on AP document mentioned.
Hope this helps!
Note, was using my AP for the 2nd time within an year travelling from India.
I just came back this afternoon (1:30 PM EST) via Dubai...Atlanta..from Chennai.. Just showed AP document and passport.. no questions asked...
Airline just verified AP at Chennai and Dubai to ensure I travel with valid documentation to USA.
sanjay02: Dependents may need to produce Primary Applicant's 485 receipt just incase they ask.. Not sure if it really matters as there is no primary or dependent on AP document mentioned.
Hope this helps!
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