kaisersose
07-18 03:26 PM
1. Can we use AC21 provision without EAD card ?
2. My H1 expires in Jan 2008. Do I need to have EAD card before that ?
3. Can we apply for EAD later, after you have filed 485 and AP? If so do we need any reciept of 485 application?
1. Can we use AC21 provision without EAD card ?
Answer: Sure, you can. In fact, that is the advised approach. Do not fall back on EAD unless absolutely necessary.
2. My H1 expires in Jan 2008. Do I need to have EAD card before that ?
Yes, If you wish to work on EAD then you need to have it by Jan 2008. Unless the interim EAD option is bought back, I doubt if any July filer will have an EAD by January 2008. I would suggest you be prepared to extend your H-1b.
3. Can we apply for EAD later, after you have filed 485 and AP? If so do we need any reciept of 485 application?
Answer: Yes. You can do it yourself, but you will need evidence to show that a 485 has been applied.
2. My H1 expires in Jan 2008. Do I need to have EAD card before that ?
3. Can we apply for EAD later, after you have filed 485 and AP? If so do we need any reciept of 485 application?
1. Can we use AC21 provision without EAD card ?
Answer: Sure, you can. In fact, that is the advised approach. Do not fall back on EAD unless absolutely necessary.
2. My H1 expires in Jan 2008. Do I need to have EAD card before that ?
Yes, If you wish to work on EAD then you need to have it by Jan 2008. Unless the interim EAD option is bought back, I doubt if any July filer will have an EAD by January 2008. I would suggest you be prepared to extend your H-1b.
3. Can we apply for EAD later, after you have filed 485 and AP? If so do we need any reciept of 485 application?
Answer: Yes. You can do it yourself, but you will need evidence to show that a 485 has been applied.
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milind70
11-06 11:29 PM
If I stay with my GC sponser, can I then port the date? If so, when am I free to leave the company? Is it after the EB2 I140 is approved?
Thanks!
I think in the case you mentioned in your first post it will highly risky to use AC21 ,it would be advisable to be with the sponsoring employer till your 485 is approved. You have two labours and two 140s in different categories EB2 and EB3 processed .I think in your case please consult with a very good lawyer/attorney because immigrtaion laws are very complex and complicated,
not straight forward . If this was staright forward everyone who is EB3 would have converted or ported to EB2 and as I mentioned before documentation and employer support is a must . One of my friend went to his employer wanting to convert from EB3 to EB2 his employer( a reputed American Bank) refused point blank.
The point here is people reading this forum get mislead that porting is very easy and straightforward and simple . It is not ,if it was all would have filed in EB2 and not EB3 .EB2 has more checks and scrutinies and different requirements. Thats what I was told by my attorney. So consult an attorney before you go this route.
Thanks!
I think in the case you mentioned in your first post it will highly risky to use AC21 ,it would be advisable to be with the sponsoring employer till your 485 is approved. You have two labours and two 140s in different categories EB2 and EB3 processed .I think in your case please consult with a very good lawyer/attorney because immigrtaion laws are very complex and complicated,
not straight forward . If this was staright forward everyone who is EB3 would have converted or ported to EB2 and as I mentioned before documentation and employer support is a must . One of my friend went to his employer wanting to convert from EB3 to EB2 his employer( a reputed American Bank) refused point blank.
The point here is people reading this forum get mislead that porting is very easy and straightforward and simple . It is not ,if it was all would have filed in EB2 and not EB3 .EB2 has more checks and scrutinies and different requirements. Thats what I was told by my attorney. So consult an attorney before you go this route.
SertTurk
07-18 01:51 PM
Hello,
I am new to immigration talk so I might not use the right terms so I apoligize in advance. Here is our situation, my wife's green card case was approved 2 years ago but we are waiting for a visa number to become available.Our lawyer told her that we fall under the EB3 catagory.He also said our filing date is April2002 and the visa bulitin should show this date for us to get an invitation.
My wife really really hates her job and would like to quit today but the lawyer is saying we can not get the green card if she quits. He also tells us she can not work for another company because then we would need to start everything from scratch.
Can someone confirm this?
Is there a solution?
Does she have to keep working for this company forever?(seemslike EB3 dates arent moving)
I am new to immigration talk so I might not use the right terms so I apoligize in advance. Here is our situation, my wife's green card case was approved 2 years ago but we are waiting for a visa number to become available.Our lawyer told her that we fall under the EB3 catagory.He also said our filing date is April2002 and the visa bulitin should show this date for us to get an invitation.
My wife really really hates her job and would like to quit today but the lawyer is saying we can not get the green card if she quits. He also tells us she can not work for another company because then we would need to start everything from scratch.
Can someone confirm this?
Is there a solution?
Does she have to keep working for this company forever?(seemslike EB3 dates arent moving)
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kmdhar
09-19 11:08 AM
You can enter back into USA as long as your visa is valid in your passport(even on the day of expiry) and also you already got the extension, so that should not be a problem for you. But you cannot enter in to US just with your extension approval.
To get stamped in India, you will be able to get Emergency Appt but you have to prove your emergency situation.
To get stamped in India, you will be able to get Emergency Appt but you have to prove your emergency situation.
more...
WeldonSprings
05-18 06:51 PM
This lawsuit is about the 140000 visas been given out each year and in years 2008 and 2009.
There have been many people who received GCs in 2008 and 2009 in EB2 without regard to Priority number. Check Visa Bulletins from August 2008 and September 2008. People from 2006 were given GCs over 2004 and there was total chaos.
This lawsuit is to bring justice to the last three years of absolute anarchy.
This lawsuit is to bring in line how this 140000 number is distributed. How does processing of I-485s take place in USCIS.
I think Indian EB3 will join shortly.
Guys,
This is a very positive development. Chinese are suing based on EB3 China visas used in 2008 & 2009 which were 2058 and 1077 respectively. Which are far less than 2500 that the law actually allows without spillover. This is awesome. Go Chinese friends!
Pappu sir,
Do we (EB3I) know the number of applicants who were approved green card from EB3 I in the last three years? I suspect that the same would have happened here too. We need to also follow (Law) suit.
There have been many people who received GCs in 2008 and 2009 in EB2 without regard to Priority number. Check Visa Bulletins from August 2008 and September 2008. People from 2006 were given GCs over 2004 and there was total chaos.
This lawsuit is to bring justice to the last three years of absolute anarchy.
This lawsuit is to bring in line how this 140000 number is distributed. How does processing of I-485s take place in USCIS.
I think Indian EB3 will join shortly.
Guys,
This is a very positive development. Chinese are suing based on EB3 China visas used in 2008 & 2009 which were 2058 and 1077 respectively. Which are far less than 2500 that the law actually allows without spillover. This is awesome. Go Chinese friends!
Pappu sir,
Do we (EB3I) know the number of applicants who were approved green card from EB3 I in the last three years? I suspect that the same would have happened here too. We need to also follow (Law) suit.
muthukmk
08-03 07:24 PM
Hi experts,
Can someone help me in this regards. Awaiting eagerly for ur expert comments.
Regards
Can someone help me in this regards. Awaiting eagerly for ur expert comments.
Regards
more...
rogerdepena
07-17 09:53 PM
Excellent. I am new in this cage..but I am proud to be here. I will definetly donate generously for 4 core for future lobbying. Also I would think..we need 2 avoid anti-immigration media such as CNN etc. I saw WSJ, Business Week, CNBC(Brian William news at 6.30), CNBC Maria, Washington post, New york time and some other local news paper helping us with covergae on this issue. We shouldn't be helping Lou dobb's kind of guys to boost his ratings. I decided to stay away from that chap!! and CNN. I know many of my friends regulary watch CNN and I advised everyone to switch to other channel..what u guys think. Once again congts all.. sleep well and enjoy..
good idea. i stopped watching CNN since I've watched Lou Dobbs. I can't stand Lou Dobbs, he's a creature of hate. CNN should have the moral sense of firing Lou Dobbs. I guess CNN ASIA is totally a different animal, nevertheless I am not patronizing any CNN affiliated companies. Boycott them and spread the word.
good idea. i stopped watching CNN since I've watched Lou Dobbs. I can't stand Lou Dobbs, he's a creature of hate. CNN should have the moral sense of firing Lou Dobbs. I guess CNN ASIA is totally a different animal, nevertheless I am not patronizing any CNN affiliated companies. Boycott them and spread the word.
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Dhundhun
10-26 03:31 AM
California allows drivers to take test in 31 languages other than English (Driver License and Identification (ID) Card Information (http://www.dmv.ca.gov/dl/dl_info.htm))
A cop should not be giving someone ticket for not knowing English.
Non-english applicants has to answer additional test for sign board reading. As far as I know, 12 more in CA in addition to 36 standard to make sure that even if someone does not know English (s)he understands what is written. A non-English driver is supposed to understands all the signs (over sixty) including "No right turn on red" (Sign as well as the words):
- Traffic Signs
- Red/White regulatory signs
- White regulatory signs
- Highway Construction and Maintenance Signs (Orange)
- Guide signs (Green/Blue)
- Hazardous Signs (Red, Yellow)
- Warning Signs
By taking Sign test (12 questions) CA tries to make sure that other language drivers understand Sign. This has independant pass marks, does not get combined with main (36 questions).
A cop should not be giving someone ticket for not knowing English.
Non-english applicants has to answer additional test for sign board reading. As far as I know, 12 more in CA in addition to 36 standard to make sure that even if someone does not know English (s)he understands what is written. A non-English driver is supposed to understands all the signs (over sixty) including "No right turn on red" (Sign as well as the words):
- Traffic Signs
- Red/White regulatory signs
- White regulatory signs
- Highway Construction and Maintenance Signs (Orange)
- Guide signs (Green/Blue)
- Hazardous Signs (Red, Yellow)
- Warning Signs
By taking Sign test (12 questions) CA tries to make sure that other language drivers understand Sign. This has independant pass marks, does not get combined with main (36 questions).
more...
Paisano
04-16 10:30 AM
This RFE is about G-325. In that document, you would have mentioned that you have lived in MN, WA and TX for the last 5 years. And your employer must be in IL. The USCIS is using the information that is provided by you, in simple terms, against you.
The IO at USCIS whoever is adjudicating your I-485 application must have gone through your past H1B petitions where the LCA(s) will be found. The LCA mentions for which location your H1B petition is filed for. If the LCA(s) mention your location of work as IL, then you are in trouble.
The lawyer can argue that the employer is responsible for LCA and its amendments. But the burden of proof is on you since I-485 is your petition. Good luck to you.
Yours is the third case of this nature I heard this week.
The IO at USCIS whoever is adjudicating your I-485 application must have gone through your past H1B petitions where the LCA(s) will be found. The LCA mentions for which location your H1B petition is filed for. If the LCA(s) mention your location of work as IL, then you are in trouble.
The lawyer can argue that the employer is responsible for LCA and its amendments. But the burden of proof is on you since I-485 is your petition. Good luck to you.
Yours is the third case of this nature I heard this week.
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dhirajgrover
08-10 12:51 AM
What's the current status?
more...
roseball
02-20 06:35 PM
It is not a Valid Birth Certificate for USCIS
Just an FYI, I applied my wife's I-485 with the Birth Certificate issued by Indian Embassy in Houston, TX....I went there personally and got it issued the same day...They issue it based on the DOB in your passport...Then later I got her BC done from the local municipality along with affidavits from her parents...I sent them to my attorney and he said he will only send them to USCIS if they send a RFE asking for the same.....He said its of no use to mail them without an RFE as they will lose them.....My PD is EB-3 India Nov 2003, and I haven't received any RFE so far regarding her BC...
Just an FYI, I applied my wife's I-485 with the Birth Certificate issued by Indian Embassy in Houston, TX....I went there personally and got it issued the same day...They issue it based on the DOB in your passport...Then later I got her BC done from the local municipality along with affidavits from her parents...I sent them to my attorney and he said he will only send them to USCIS if they send a RFE asking for the same.....He said its of no use to mail them without an RFE as they will lose them.....My PD is EB-3 India Nov 2003, and I haven't received any RFE so far regarding her BC...
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scabal12
06-12 06:56 PM
Thanks for all the information. Mine and my spouse's I-140 was approved 2 years ago. So, I guess I can apply for my EAD and live in this country legally.
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trinigirl
08-09 06:36 PM
Are you kidding me $400.00 I paid $115.00 Including tetanus shot and tb shot. $35.00 for the lab work and my husband's insurance covered the x-ray because I Knew it would com back positive. What a rip off
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gcseeker2002
11-05 01:01 PM
Is there any basis needed for approving AP? Is it EAD ? If so my application is in deeps***. onceagain, is there anybody here with this kind of experience. Also since I already took infopass once, is there any use taking it again for my ead ?
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pictures Kim Kardashian strikes a pose
ajju
02-20 04:09 PM
Get a non-availability certificate from the local municipal office and submit it to USCIS..on a safer side..
HTH,
Or get the birth cert from Indian Embassy in US... They'll issue it based on her passport..
takes about 2-4 weeks... unless you can go and get it personally...
HTH,
Or get the birth cert from Indian Embassy in US... They'll issue it based on her passport..
takes about 2-4 weeks... unless you can go and get it personally...
dresses Style icon Kim Kardashian
kishdam
11-06 03:32 PM
All Guru's
I have only 2 options:
1) Take the Company B offer and Remain on the Bench for Company A at the same time for certain period to get the I140 copy. - Can I do this because I will be getting pay from New Employer (EAD) and old Employer (H1B) - Does this trigger any issue in future - Is this over lap (15 days) is OK
2) Do not take the Company B offer (but this is very good offer)
The question is: is a copy of I140 is that important to use AC21 . From the posts on IV forums I got the impression is you dont even need a copy of I140. The important thing is to apply for change of attorneys immediately after changing the job. If you get any RFE - you will get on the employment verification - then you need to show you have a job that is same/similar as the one in labor certification. If you know the job description (generally most employers attorneys share this info to make sure that you have relevant experience) then make sure your new job is same or atleast mostly similar.
In your two options you mentioned using EAD for one job and H1b for another. I read somewhere that this cannot be done (I dont have the link but I think this is from Murthy chat). Once you use EAD your satus will change to 485 waiter with EAD - seems like you can change back to H1b - but having two statuses at the same time is not possible. This is my understanding based on forum reading (not a lawyer).
I have only 2 options:
1) Take the Company B offer and Remain on the Bench for Company A at the same time for certain period to get the I140 copy. - Can I do this because I will be getting pay from New Employer (EAD) and old Employer (H1B) - Does this trigger any issue in future - Is this over lap (15 days) is OK
2) Do not take the Company B offer (but this is very good offer)
The question is: is a copy of I140 is that important to use AC21 . From the posts on IV forums I got the impression is you dont even need a copy of I140. The important thing is to apply for change of attorneys immediately after changing the job. If you get any RFE - you will get on the employment verification - then you need to show you have a job that is same/similar as the one in labor certification. If you know the job description (generally most employers attorneys share this info to make sure that you have relevant experience) then make sure your new job is same or atleast mostly similar.
In your two options you mentioned using EAD for one job and H1b for another. I read somewhere that this cannot be done (I dont have the link but I think this is from Murthy chat). Once you use EAD your satus will change to 485 waiter with EAD - seems like you can change back to H1b - but having two statuses at the same time is not possible. This is my understanding based on forum reading (not a lawyer).
more...
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vin13
12-08 05:00 PM
Just out of curiosity how is it that you got an approval in Sep 09 with your priority date?
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ayumilove
01-20 05:12 AM
kinda weird, I have glitched with this, when I move my mouse cursor over it fast, it works for a moment, then when I move slowly, the circles does not move.
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chnaveen
06-09 06:46 PM
After the July 2007, there was July 2008, and then July 2009 before July 2010.
So no need to think about that July 2007 every now and then.
We should do our best like the one we just had, the Advocacy days in DC.
We are expecting some surprises in the July Bulletin. Remember July 2007 fiasco. This year also there are some situations like CIR as before. What about the expected spillover? However, can we expect positive surprises?
Let us start the prediction, analysis, etc, game for the July Bulletin.
So no need to think about that July 2007 every now and then.
We should do our best like the one we just had, the Advocacy days in DC.
We are expecting some surprises in the July Bulletin. Remember July 2007 fiasco. This year also there are some situations like CIR as before. What about the expected spillover? However, can we expect positive surprises?
Let us start the prediction, analysis, etc, game for the July Bulletin.
MannyD
09-07 06:36 PM
Please respond so that we can get an idea of the distribution of EB cases.
You have to be logged in to participate in the poll.
Thanks to MrWaitingGC for the initiative.
You have to be logged in to participate in the poll.
Thanks to MrWaitingGC for the initiative.
mkyaj
03-24 12:19 PM
My H1-B expires in Oct-2009. So my wife's H4 visa & I-94 are valid till Oct-2009.
I am applying for my H1 extension. I am attaching my wife's H4, I-94 with the extension.
She may have to go to INDIA in June and come back within a month. As she gets a new I-94 which will be valid for 3-4 months till Oct-2009 & her old I-94 is sent for extension, do i have to do anything else after that?
How does it work? Did anyone went through similar scenario?
Please advice.
Thanks.
I am applying for my H1 extension. I am attaching my wife's H4, I-94 with the extension.
She may have to go to INDIA in June and come back within a month. As she gets a new I-94 which will be valid for 3-4 months till Oct-2009 & her old I-94 is sent for extension, do i have to do anything else after that?
How does it work? Did anyone went through similar scenario?
Please advice.
Thanks.
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