chi_shark
04-29 05:42 PM
:) if an RFE was issued, that means some of the evidences submitted are not enough to prove that the I-140 is "approvable". I dont want to argue, but "approvable" is the exact term used by USCIS.
so that just proves that since you dont know whether you would get an RFE or not, it makes sense for beneficiaries to stick with the sponsor till 140 is approved. to beneficiaries, it wont matter zip whether uscis uses approvable or approved.
so that just proves that since you dont know whether you would get an RFE or not, it makes sense for beneficiaries to stick with the sponsor till 140 is approved. to beneficiaries, it wont matter zip whether uscis uses approvable or approved.
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ramaonline
03-05 01:35 AM
Any kind of full time employment with monetary gains is not allowed on h4 status. You can legally go to university or any community college full time, and take up any kind of training programs or voluntary work with no remuneration. Also, passive investment such as stocks/ bonds etc is OK.
If your spouse's GC process reaches the 485/EAD stage, then you can get work authorization with EAD to do any kind of work full time or part time. Without EAD, you need some other work authorization such as H1 / L1 visa to work legally..
If your spouse's GC process reaches the 485/EAD stage, then you can get work authorization with EAD to do any kind of work full time or part time. Without EAD, you need some other work authorization such as H1 / L1 visa to work legally..
vallabhu
02-20 10:11 PM
I live in ATL, Count me in.
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Ramba
01-11 07:23 PM
Clearly Explaining
I am working on Company A in H1B status my GC sponsored Company B for Future Employment and they applied 140 its Approved suddenly dates became current I applied AOS with 140 Approved in July afte that we got our EADS APs FPs all etc. my sponsored employer asked to join then I joined in Company B on EAD status
what ever the payment terms which I discussed within a month he changed his words according to law he only pay salary but I am working on percentage basis I liitle bit fed up with those issues
I stayed with them only one month and one more month
when can I Use AC21 for safe side
You must have have good faith intent of working for longterm with sponser. Also, sponser should have full faith intent of hiring you permanently. Now the question is how to measure that? The simple measurement is the time period you worked with sponser either in H1B or EAD or GC. If you worked only one month, your intension is false. If your sponser reports to USCIS, you worked only one month and left the job, and you had no intension to work permanently, USCIS can deny your 485.
As per law, the employer should pay only the wage mentioned in your LC/140. Thats what the employer agrred to pay you as a salary.
I am working on Company A in H1B status my GC sponsored Company B for Future Employment and they applied 140 its Approved suddenly dates became current I applied AOS with 140 Approved in July afte that we got our EADS APs FPs all etc. my sponsored employer asked to join then I joined in Company B on EAD status
what ever the payment terms which I discussed within a month he changed his words according to law he only pay salary but I am working on percentage basis I liitle bit fed up with those issues
I stayed with them only one month and one more month
when can I Use AC21 for safe side
You must have have good faith intent of working for longterm with sponser. Also, sponser should have full faith intent of hiring you permanently. Now the question is how to measure that? The simple measurement is the time period you worked with sponser either in H1B or EAD or GC. If you worked only one month, your intension is false. If your sponser reports to USCIS, you worked only one month and left the job, and you had no intension to work permanently, USCIS can deny your 485.
As per law, the employer should pay only the wage mentioned in your LC/140. Thats what the employer agrred to pay you as a salary.
more...
northstar1
07-26 11:36 AM
Thanks Ashkam. So does that mean it's not really subject to the I-140 processing backlog..any idea?
sunny1000
10-18 06:05 PM
Is it possible to track 140 without the receipt notices.
Did you pay using your check? If so, I heard in this forum that they print receipt numbers on the back of the checks. I don't know if that helps.
Did you pay using your check? If so, I heard in this forum that they print receipt numbers on the back of the checks. I don't know if that helps.
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iv4gc
07-29 02:15 PM
permfiling,
A lot folks want to use AC21 but lawyers suggest not actually filing AC21.
So if I take the AC21 approach, but not file AC21 itself (I know this sounds a bit off kilter) wouldn't I be just fine (assuming of course job profiles from Company A & B are a comparable)?
I believe this is the tack Company B lawyer is suggesting.
Here's something I read on another lawyers website w.r.t. AC21:
1. Since GC is for future job you can use AC21 with a new employer if job profile is same. You do not ever, in past/present or future, have to work for the sponsor company.
2. AC21 notification to USCIS is not a MUST requirement. There is an 'expectation' that USCIS will be informed.
Thanks,
A lot folks want to use AC21 but lawyers suggest not actually filing AC21.
So if I take the AC21 approach, but not file AC21 itself (I know this sounds a bit off kilter) wouldn't I be just fine (assuming of course job profiles from Company A & B are a comparable)?
I believe this is the tack Company B lawyer is suggesting.
Here's something I read on another lawyers website w.r.t. AC21:
1. Since GC is for future job you can use AC21 with a new employer if job profile is same. You do not ever, in past/present or future, have to work for the sponsor company.
2. AC21 notification to USCIS is not a MUST requirement. There is an 'expectation' that USCIS will be informed.
Thanks,
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keerthisagar
12-21 07:41 AM
I am all up for it & won't mind doing it all...
This is good idea - call for members to join the effort. You can count me in.
This is good idea - call for members to join the effort. You can count me in.
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bank_king2003
06-04 02:03 PM
but in this case the H1b stamp on my passport is still valid and not expired.
i am entering on nov 11th. stamp expires on december 1. why i am worried is just because the stamp is still of old employer whereas 797 is of new employer.
port of entry may ask me why didnt i get the stamp again when it is just expiring after 20 days ?? U know....
i am entering on nov 11th. stamp expires on december 1. why i am worried is just because the stamp is still of old employer whereas 797 is of new employer.
port of entry may ask me why didnt i get the stamp again when it is just expiring after 20 days ?? U know....
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ttdam
12-03 01:56 PM
So u are saying if she uses her EAD/ AP then my H1b is no longer valid? BTW she got her h1b visa in the lottery earlier this year.
Hi zoooom
Did your wife been to India and Came back using H4 or AP ? If she returned did she had any problem @ POE ?
Please advise, I m in similar situation
Thanks in advance
Hi zoooom
Did your wife been to India and Came back using H4 or AP ? If she returned did she had any problem @ POE ?
Please advise, I m in similar situation
Thanks in advance
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Ramba
05-22 03:15 PM
Bill Gates testified in front of most of the important senators who wrote this bill. Even he could not make a difference. There is nothing in this bill he had asked for.
Not IV or Lobby group that IV has, can it really make a difference? There is as much as we can do and everything else becomes uncontrolable. Even IV core group are normal people like us but with connections more than us. But they have their own regular job to do as well.
So I guess we can only try calling the senators and hope they will change their mind and hope for the best. Expecting and/or trusting IV or Lobby group will really help would be sacrificial.
I am not questioning what IV does. The core group really does what is their in their hands and we should appreciate that.
Good Luck!
Bill Gates voice was heard in the bill..I mean, the bill increased H1B visa to 115K .
Not IV or Lobby group that IV has, can it really make a difference? There is as much as we can do and everything else becomes uncontrolable. Even IV core group are normal people like us but with connections more than us. But they have their own regular job to do as well.
So I guess we can only try calling the senators and hope they will change their mind and hope for the best. Expecting and/or trusting IV or Lobby group will really help would be sacrificial.
I am not questioning what IV does. The core group really does what is their in their hands and we should appreciate that.
Good Luck!
Bill Gates voice was heard in the bill..I mean, the bill increased H1B visa to 115K .
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reachinus
07-06 01:13 PM
1. With the latest mess with DOS and USCIS, are we asking them too much by asking them to just accept the 485 applications and provide interim benefits and are ready to wait for the approval of the green card for 4 or 5 years?
2. Do you think DOS and USCIS are pushing hard and churning money from the Legal immigrants who go by the law by increasing fees every year or 2?
3. IS any politician considering any relief for the peoples who go by the book and pay taxes?
4. Do u think becoming illegal rather than being legal provides some relief considering what ever has happend in the last decade?
2. Do you think DOS and USCIS are pushing hard and churning money from the Legal immigrants who go by the law by increasing fees every year or 2?
3. IS any politician considering any relief for the peoples who go by the book and pay taxes?
4. Do u think becoming illegal rather than being legal provides some relief considering what ever has happend in the last decade?
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chandrajp
06-14 03:05 PM
I also have the same question can someone comment on this
thanks !!
Bumming up /\ /\ /\
When I applied I140 and I485 concurrently along with EAD in June 2005, I got EAD approved and mailed in 1 month. But my I140 got approved after an RFE in the last week of Nov 2005. EAD and AP processing dates are different.
thanks !!
Bumming up /\ /\ /\
When I applied I140 and I485 concurrently along with EAD in June 2005, I got EAD approved and mailed in 1 month. But my I140 got approved after an RFE in the last week of Nov 2005. EAD and AP processing dates are different.
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spicy_guy
08-05 01:54 PM
I think he should consider awarding citizenship to LONG waiting GC applicants. :D
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GCBy3000
02-06 05:25 PM
Make sure your wife gets new H4 with valid i94. Entering with old H1 stamping does not hurt as long as it is not expired. But you should be careful not to continue with it without thinking about H4.
You might have valid H1 with new company with valid i94. You are safe until next extension, but your wife will go out of status once her I94 expires. Better to talk with your company attorney and get the H4 transfer process going.
You might have valid H1 with new company with valid i94. You are safe until next extension, but your wife will go out of status once her I94 expires. Better to talk with your company attorney and get the H4 transfer process going.
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sk.aggarwal
11-06 02:55 PM
In same context, if I140 is approved with employer A as a future employee. Can present employer use it to extend visa by 3 yrs, w/o going through labor/GC process
more...
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kaisersose
06-16 12:57 PM
She can make all the recommendations she wants, but the decision lies with your employer.
Obviously, no employer can plan to retain his employees forever. It is a fact of life that people move on. So the basic question is, does your employer have problems with you quitting? What is his expectation? You will have to have a clear discussion with him and then see what he needs.
Now if his demands are unreasonable, then you can still move on anyway as you are protected due to 180 days passing since 485 filing. Technically, you do not need your 140 copy. Al you really need is evidence that you were with the sponsoring employer for 180 days after 485 filing. This evidence will be your 485 receipt and paystubs.
Obviously, no employer can plan to retain his employees forever. It is a fact of life that people move on. So the basic question is, does your employer have problems with you quitting? What is his expectation? You will have to have a clear discussion with him and then see what he needs.
Now if his demands are unreasonable, then you can still move on anyway as you are protected due to 180 days passing since 485 filing. Technically, you do not need your 140 copy. Al you really need is evidence that you were with the sponsoring employer for 180 days after 485 filing. This evidence will be your 485 receipt and paystubs.
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gg_ny
02-16 02:56 PM
http://www.immigrationportal.com/archive/index.php/t-191393.html
Please find answers to your question here. I forgot the actual pages from USCIS red book but a simple logic states that 485 background screening is atrociously longer than the one done after filing for H1B application. That means they are different (or ought to be).
Am I understanding this right ?
FOR H1/L1 They do a FBI background check
FOR I-485/CP They do a Name Check
Regarding long names, longer the better as told by my lawyer! I think they do a series of checks with: common variants, substring matches, binomial match etc. Hence (assuming you are from India) if you are (for eg.) Randy Kumar or Randy Krishnamurthysarma, you can take a guess which combination would be less common..
This is intended in a not-so-serious sense as I dont have any insight or inside view of FBI functionings...
Please someone clarify, I do have a loooong name just wanted to know what I am getting into here.
Please find answers to your question here. I forgot the actual pages from USCIS red book but a simple logic states that 485 background screening is atrociously longer than the one done after filing for H1B application. That means they are different (or ought to be).
Am I understanding this right ?
FOR H1/L1 They do a FBI background check
FOR I-485/CP They do a Name Check
Regarding long names, longer the better as told by my lawyer! I think they do a series of checks with: common variants, substring matches, binomial match etc. Hence (assuming you are from India) if you are (for eg.) Randy Kumar or Randy Krishnamurthysarma, you can take a guess which combination would be less common..
This is intended in a not-so-serious sense as I dont have any insight or inside view of FBI functionings...
Please someone clarify, I do have a loooong name just wanted to know what I am getting into here.
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Ann Ruben
06-30 11:44 PM
In my opinion, USCIS should grant Company C's H-1 petition though they may deny any extension request and thus company C's petition would only be valid through the 2011 date of Company A's petition. You will then have to travel out of the US to get an H-1 visa stamp before the 2011 date.
saileshdude
08-28 10:32 PM
I just booked tickets for an emergency 1 week trip to India and 30 mins later got a CRIS email
---------------------------
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on August 28, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service
-------------------------------
Most likely my company revoked H1. Until this email came I was confident I could travel without worries of 485 getting touched/denied when I was in India.(I am planning to reenter using AP).
I currently have found a similar job but havent filed AC21 papers yet. I am now hesitating to travel as something happens to my 485 when I am out of the country there is not much that can be done.
So with
a) H1 Revoked aug 28th
b) Address changed
c) AC21 not filed
I am thinking of not travelling. Am I overreacting here ?
You mentioned emergency in your post. If there is a medical issue regarding a near-dear family member or a really important event (may be immediate family members wedding) then you should go. These are more important things in life. Believe it or not when you look back that this in future you will regret the decision of not going if its truely an emergency.
Most likely nothing will happen. Just take the offer letter with you from the new company descibing that your new job duties are similar to old one and also take copy of AC21 law.
---------------------------
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on August 28, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service
-------------------------------
Most likely my company revoked H1. Until this email came I was confident I could travel without worries of 485 getting touched/denied when I was in India.(I am planning to reenter using AP).
I currently have found a similar job but havent filed AC21 papers yet. I am now hesitating to travel as something happens to my 485 when I am out of the country there is not much that can be done.
So with
a) H1 Revoked aug 28th
b) Address changed
c) AC21 not filed
I am thinking of not travelling. Am I overreacting here ?
You mentioned emergency in your post. If there is a medical issue regarding a near-dear family member or a really important event (may be immediate family members wedding) then you should go. These are more important things in life. Believe it or not when you look back that this in future you will regret the decision of not going if its truely an emergency.
Most likely nothing will happen. Just take the offer letter with you from the new company descibing that your new job duties are similar to old one and also take copy of AC21 law.
conchshell
08-22 08:10 PM
Got approval emails on August 14th, received approval notice by mail on August 20th, and finally got the physical green cards by mail today.:)
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