mallu
12-16 03:53 PM
USCIS refuses to give this data to anybody. They are not willing to give any break up.
The sky will fall down if they do that
The sky will fall down if they do that
bekugc
07-18 01:56 PM
hello,
MY Opinion!!
since u have used substitute labor, id guess that the Priority date of labor is pretty old (hopeing 2000-2002 range).
if ur PD is old, then rushing for 485 doesnt make sense. Rushing now is for those whose PD is 2005/2006, its their only chance before dates retrogress again. if u have OLD PD, then pretty soon, ur date will become current again, and when ur 140 comes thro u switch job & can apply for 485.
1. Anyway, resigning ur existing job and applying 485 with new company is not much beneficial. u cant use AC21 untill ur i140 is approved, anyway u have to stick at one place till ur eligible for AC21. if i were u , given a choice, id stay with a known demon (rather than unknown angel)
2. if ur substitute's labors 140 gets cleared..then switch to new company...apply 485 and in 180 days , ull be eligible for AC21, if relationship with new employer gets sour use AC21 and move on.
3. u still have 2.5 yrs on H1..this is a +ve point on ur side to take RISK of switching employer now. Id do this only if the PAY in new empoyer is so much high than existing, so that its WORTH taking the risk.
since its substitute labor, ur 140 cant be premium processes. as per previous experiences , if ur nebraska, 140 mite take 9-12 months , texas its little faster. so even after 1 yr,,if ur substitution Failed, u still have 1.5 yrs on H1, enuf time to switch H-1 job, get/apply for perm and get 6+ yrs extension.
Your lucky that new employer applied for 140 without expecting u to get on the payroll. if i were you, id thank God for that, and wait till 140 gets cleared before joining new job.
:-)
MY Opinion!!
since u have used substitute labor, id guess that the Priority date of labor is pretty old (hopeing 2000-2002 range).
if ur PD is old, then rushing for 485 doesnt make sense. Rushing now is for those whose PD is 2005/2006, its their only chance before dates retrogress again. if u have OLD PD, then pretty soon, ur date will become current again, and when ur 140 comes thro u switch job & can apply for 485.
1. Anyway, resigning ur existing job and applying 485 with new company is not much beneficial. u cant use AC21 untill ur i140 is approved, anyway u have to stick at one place till ur eligible for AC21. if i were u , given a choice, id stay with a known demon (rather than unknown angel)
2. if ur substitute's labors 140 gets cleared..then switch to new company...apply 485 and in 180 days , ull be eligible for AC21, if relationship with new employer gets sour use AC21 and move on.
3. u still have 2.5 yrs on H1..this is a +ve point on ur side to take RISK of switching employer now. Id do this only if the PAY in new empoyer is so much high than existing, so that its WORTH taking the risk.
since its substitute labor, ur 140 cant be premium processes. as per previous experiences , if ur nebraska, 140 mite take 9-12 months , texas its little faster. so even after 1 yr,,if ur substitution Failed, u still have 1.5 yrs on H1, enuf time to switch H-1 job, get/apply for perm and get 6+ yrs extension.
Your lucky that new employer applied for 140 without expecting u to get on the payroll. if i were you, id thank God for that, and wait till 140 gets cleared before joining new job.
:-)
dealsnet
05-07 01:35 PM
Do not use some one's profile, if you want answer from any one. To make a new profile will take less than 10 minutes. If you don't have 10 minutes, then how other people spend their time to answer your questions. You want free advice, but you are not willing to join IV. This all shows the mindset of the people.
Any way using some one's username and password is highly illegal. Ask IV moderator for permission to use some body's account.
guys..it is very unfortunate that you felt that im here to make sensation by creating stories out of my head..!
the qn raised afew months ago was my friend who had this profile in this community..she gave me the link of the response, and also asked me to use her profile in future as she seldom use this community herself..in my situation, when we are going through lot of stress, i did not find time to create a new profile or update the current profile...i hope its not a major crime!!
today i checked the profile page, and i did not see anything relevant information that i can add (most of it is GC application related, which im not dong). the only thing i could do is remove the state of residence of my friend!
i cannot reveal my identity or share my personal information in a public forum other than my location which is India.
My employer had filed a civil complaint, saying i have broken the contract which i signed with them that i will work with them for 18 months!
if you do not feel comfortable helping a person without knowing the identity(i dnt see anybody in this forum using their real name), it is totally fine.
Any way using some one's username and password is highly illegal. Ask IV moderator for permission to use some body's account.
guys..it is very unfortunate that you felt that im here to make sensation by creating stories out of my head..!
the qn raised afew months ago was my friend who had this profile in this community..she gave me the link of the response, and also asked me to use her profile in future as she seldom use this community herself..in my situation, when we are going through lot of stress, i did not find time to create a new profile or update the current profile...i hope its not a major crime!!
today i checked the profile page, and i did not see anything relevant information that i can add (most of it is GC application related, which im not dong). the only thing i could do is remove the state of residence of my friend!
i cannot reveal my identity or share my personal information in a public forum other than my location which is India.
My employer had filed a civil complaint, saying i have broken the contract which i signed with them that i will work with them for 18 months!
if you do not feel comfortable helping a person without knowing the identity(i dnt see anybody in this forum using their real name), it is totally fine.
YesWeWillGet
09-26 09:45 PM
What will be my options to maintain my immigration status in the following scenario:
AC21 is not filed after joining the new employer (new job since 2 months).
If the previous employer revoked the I-140.
Have the same job/role and responsibilities with my new employer.
No gap between previous and new current employer.
Status of I-140 remains approved and I-485 remains pending in USCIS website.
Should I proceed AC21 filing immediately? Is there anything need to be done in order to keep the immigration status legal?
I would really appreciate your valuable suggestions.
Thank you
AC21 is not filed after joining the new employer (new job since 2 months).
If the previous employer revoked the I-140.
Have the same job/role and responsibilities with my new employer.
No gap between previous and new current employer.
Status of I-140 remains approved and I-485 remains pending in USCIS website.
Should I proceed AC21 filing immediately? Is there anything need to be done in order to keep the immigration status legal?
I would really appreciate your valuable suggestions.
Thank you
more...
perm2gc
08-24 12:58 PM
My first term on H1 expired on June 2002. I revalidated it and the second term also got expired as of June 2004. Since I was in US only for 3 years on that H1, is it possible to revalidate it again now, even I'm not working for company A now? Company A can file for revalidation for recapturing the remaining time on H1 but you may to work with them once the H1B's gets approved..
Above Expressed Views are Personal..Please Consult your Attroney.
Above Expressed Views are Personal..Please Consult your Attroney.
bluez25
08-23 01:38 PM
Guys.. please look at this story. this guy's case was assigned to an officer who was no more with USCIS and got stuck for almost more than years......
http://www.immigrationportal.com/showthread.php?t=261980
Finally got his case approved after several calls to USCIS...
Please stay on top of you case and make sure it is not put in a dead box like that....
Good Luck guys
http://www.immigrationportal.com/showthread.php?t=261980
Finally got his case approved after several calls to USCIS...
Please stay on top of you case and make sure it is not put in a dead box like that....
Good Luck guys
more...
qasleuth
08-07 06:57 PM
Sorry to hear your predicament.
"Is employer legally liable for expired EAD of employee?"
The simple answer is, Yes. You cannot work with an expired EAD neither can your employer employ you, as it would be illegal.
Are their concerns valid ? Maybe. From their perspective, it is valid as they do not seem to have a system to flag such cases. You can solemnly promise to renew on a timely basis but it will still be their bu$t on the line.
In reality: It sounds more like they are looking for an excuse not to hire you.
As for a solution: If they need your skill, they should hire you and not worry about hypothetical "IF" situations. What happens IF their star employee who drives a Corvette gets hit by a bus ? They should probably not hire people who drive Corvettes, no ? Their will to hire you, should overcome such fears.
Don't they have some kind of a computer system for HR ? Can't they manage a simple reminder system ? Ask them to try Google calendar reminders if nothing else.
Hi,
Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.
1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.
2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.
Please help me understand if their concerns are valid and if not what is the remedy.
"Is employer legally liable for expired EAD of employee?"
The simple answer is, Yes. You cannot work with an expired EAD neither can your employer employ you, as it would be illegal.
Are their concerns valid ? Maybe. From their perspective, it is valid as they do not seem to have a system to flag such cases. You can solemnly promise to renew on a timely basis but it will still be their bu$t on the line.
In reality: It sounds more like they are looking for an excuse not to hire you.
As for a solution: If they need your skill, they should hire you and not worry about hypothetical "IF" situations. What happens IF their star employee who drives a Corvette gets hit by a bus ? They should probably not hire people who drive Corvettes, no ? Their will to hire you, should overcome such fears.
Don't they have some kind of a computer system for HR ? Can't they manage a simple reminder system ? Ask them to try Google calendar reminders if nothing else.
Hi,
Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.
1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.
2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.
Please help me understand if their concerns are valid and if not what is the remedy.
adde72
07-17 06:05 PM
Does this mean that we have to file I-485 before August 1st?. From August 1st, the August visa bulletin is effective and all the EB category dates are U.:confused:
You can file until Aug 16 .However from July 30 , you have to pay new feess..Better apply before July 30 and contribute to IV
You can file until Aug 16 .However from July 30 , you have to pay new feess..Better apply before July 30 and contribute to IV
more...
sunny1000
11-29 08:15 PM
I was in a similar situation.. not exaclty the same...
I had an approved I 140 and then I got the Notice of Intent To Deny, similar reason. This is what I did.
- I called my unversity and asked them to send me a detail syallbus of the courses I attended
- A letter from a third part evaluator
- An indetail letter from my HR as to what my courses where and how the courses pertain to my work.
- A detailed letter from the attorney.
looks like you do not have any thing to worry, if you took math courses and your syllabus states that then you should be ok. Make sure that you mention in very much detail and repetedly about the courses you took so that they wont miss it. Good luck I am certian you will be ok.
Just out of curiosity, how can they issue intent to deny to an approved 140?
I had an approved I 140 and then I got the Notice of Intent To Deny, similar reason. This is what I did.
- I called my unversity and asked them to send me a detail syallbus of the courses I attended
- A letter from a third part evaluator
- An indetail letter from my HR as to what my courses where and how the courses pertain to my work.
- A detailed letter from the attorney.
looks like you do not have any thing to worry, if you took math courses and your syllabus states that then you should be ok. Make sure that you mention in very much detail and repetedly about the courses you took so that they wont miss it. Good luck I am certian you will be ok.
Just out of curiosity, how can they issue intent to deny to an approved 140?
dush0805
11-25 01:32 PM
I am in the same position guys, I have a approved H1b visa (started oct 2010), I am flying to mumbai through Munic, so I probably wont need a transit visa....
But let me ask you a dumb question, what does AP stand for?
But let me ask you a dumb question, what does AP stand for?
more...
adurthy
11-07 11:35 AM
Hi,
We have applied for AP on Oct 1st and its still pending .
I have the following questions.
1) Can we enter using the AP thats gets approved when we are outside the US
2) How to expedite AP process other then business emergency as my wife is not working
3) can she enter using H4 even though she has used AP and EAD before. is there any problem to GC
4) I am going to India in Dec , assuming I get the AP by then is it ok for her to enter using h4 and myself AP.
Thanks in Advance for your suggestions
We have applied for AP on Oct 1st and its still pending .
I have the following questions.
1) Can we enter using the AP thats gets approved when we are outside the US
2) How to expedite AP process other then business emergency as my wife is not working
3) can she enter using H4 even though she has used AP and EAD before. is there any problem to GC
4) I am going to India in Dec , assuming I get the AP by then is it ok for her to enter using h4 and myself AP.
Thanks in Advance for your suggestions
rupchikgulti
06-17 05:04 PM
Dude,
This had been discussed may be thousands of time and discussion never ends. Do you really need to open a thread for this.
This had been discussed may be thousands of time and discussion never ends. Do you really need to open a thread for this.
more...
vdokka
09-11 11:00 PM
Hi Friends,
Please read the below query and post any information you have. Thanks in advance for your help !
I have an appointment for H1 VISA re-stamping in Toronto, Canada in 2nd week of October
My current H1 VISA is valid until Nov 2006.
I am planning to get restmped based on my new H1 petition valid until Sep 2008.
The problem here is that my passport is valid only until Dec 2007.
In this case Can I get the new VISA stamped until Sep 2008?
On the website it says that "To be eligible for a VISA, you passport must be valid for at least 6 months past intended stay in the United States"
Please post your valuable replies.
Regards,
Krishna.
Please read the below query and post any information you have. Thanks in advance for your help !
I have an appointment for H1 VISA re-stamping in Toronto, Canada in 2nd week of October
My current H1 VISA is valid until Nov 2006.
I am planning to get restmped based on my new H1 petition valid until Sep 2008.
The problem here is that my passport is valid only until Dec 2007.
In this case Can I get the new VISA stamped until Sep 2008?
On the website it says that "To be eligible for a VISA, you passport must be valid for at least 6 months past intended stay in the United States"
Please post your valuable replies.
Regards,
Krishna.
RNGC
02-11 01:36 PM
Pappu,
I strongly suggest that IV introduce $20 monthly recurring contribution, I will defenitely sign up and most people will do it, I think.
Also, How about have a link in the homepage for Imigration attorneys. We can list their contact if they agree for $100 monthly recurring contribution. We have about 30 k members, so it is a good deal for them.
We can allow member testimonials for the attorneys which will be very helpful...
I strongly suggest that IV introduce $20 monthly recurring contribution, I will defenitely sign up and most people will do it, I think.
Also, How about have a link in the homepage for Imigration attorneys. We can list their contact if they agree for $100 monthly recurring contribution. We have about 30 k members, so it is a good deal for them.
We can allow member testimonials for the attorneys which will be very helpful...
more...
narendra_modi
03-04 10:07 PM
i smoke GANZA..pl. mind your business..
Bidi, I guess.
Bidi, I guess.
gcformeornot
09-27 08:58 AM
What will be my options to maintain my immigration status in the following scenario:
AC21 is not filed after joining the new employer (new job since 2 months).
If the previous employer revoked the I-140.
Have the same job/role and responsibilities with my new employer.
No gap between previous and new current employer.
Status of I-140 remains approved and I-485 remains pending in USCIS website.
Should I proceed AC21 filing immediately? Is there anything need to be done in order to keep the immigration status legal?
I would really appreciate your valuable suggestions.
Thank you
right now. But be prepared with EVL new employer incase your old employer revokes 140... USCIS might send you NOID or RFE in that case you will need a detailed EVL from new employer.
My lawyer insisted on sending EVL immediately after Job change in order to protect from potential NOID or RFE... or even Denial of 485 as it has happened in some cases.
AC21 is not filed after joining the new employer (new job since 2 months).
If the previous employer revoked the I-140.
Have the same job/role and responsibilities with my new employer.
No gap between previous and new current employer.
Status of I-140 remains approved and I-485 remains pending in USCIS website.
Should I proceed AC21 filing immediately? Is there anything need to be done in order to keep the immigration status legal?
I would really appreciate your valuable suggestions.
Thank you
right now. But be prepared with EVL new employer incase your old employer revokes 140... USCIS might send you NOID or RFE in that case you will need a detailed EVL from new employer.
My lawyer insisted on sending EVL immediately after Job change in order to protect from potential NOID or RFE... or even Denial of 485 as it has happened in some cases.
more...
pkv
06-06 04:34 PM
I'm in CA and my I-140 was approved by TSC (E-filing) and I-485 is pending at TSC (was filed at NSC initially).
here are my questions, I need help on...
1. If I file EAD now, where should I file?? TSC or NSC?
2. If its NSC (since I'm live in CA), will this filing trigger transfer of case from TSC to NSC??
who wants to be mess with NSC :)
Thanks,
here are my questions, I need help on...
1. If I file EAD now, where should I file?? TSC or NSC?
2. If its NSC (since I'm live in CA), will this filing trigger transfer of case from TSC to NSC??
who wants to be mess with NSC :)
Thanks,
pranju
08-03 10:18 PM
exactly then y people from july 2 are not still getting their reciept notices
meridiani.planum
05-05 12:26 AM
I was not aware of the 120 days... I filed my wifes EAD day 138 days before expiry (should have been more carefull!)... So what happens now? Rejection? Denial? RFE?
Also what docs should be send after efiling, if any?
rejected. Meaning they will return it with your filing fees:
http://www.immigration-law.com/Archive%20XVI.html
02/14/2008: USCIS Clarification of Denial vs. Rejection of EAD Renewal Application Filed Earlier Than 120 Days Prior to Expiration of EAD
* We posted this message on 02/04/2008 and raised this issue. The AILA has just reported that the USCIS clarified its message that the premature filing would be "rejected" rather than "denied." What this means is that the filers will at least save the filing fees
Also what docs should be send after efiling, if any?
rejected. Meaning they will return it with your filing fees:
http://www.immigration-law.com/Archive%20XVI.html
02/14/2008: USCIS Clarification of Denial vs. Rejection of EAD Renewal Application Filed Earlier Than 120 Days Prior to Expiration of EAD
* We posted this message on 02/04/2008 and raised this issue. The AILA has just reported that the USCIS clarified its message that the premature filing would be "rejected" rather than "denied." What this means is that the filers will at least save the filing fees
techbuyer77
06-12 05:55 PM
Hi all,
I recently changed my company and joined one of the big 5.I already have my labor and I-140 approved from the previous employer.My eb3 date has become current.My previous empolyer is willing to continue my I-485 from his company. If I go ahead and file from his company, will I be able to use AC21 after 180 days? eventhough I don't work for him at the time of filing my I-485.
I'll really appreciate any thoughts n comments on ma situation
yes
I recently changed my company and joined one of the big 5.I already have my labor and I-140 approved from the previous employer.My eb3 date has become current.My previous empolyer is willing to continue my I-485 from his company. If I go ahead and file from his company, will I be able to use AC21 after 180 days? eventhough I don't work for him at the time of filing my I-485.
I'll really appreciate any thoughts n comments on ma situation
yes
fromnaija
11-18 05:29 PM
Great job folks. Not only Ac21 issue, but if there is any other issue, please lodge a complaint with the Ombudsman's office.
I would also suggest that those who have had their I-485 denied due to changing employers should submit DHS Form 7001 to the Ombudsman's office.
http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf
I would also suggest that those who have had their I-485 denied due to changing employers should submit DHS Form 7001 to the Ombudsman's office.
http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf