iv_india
07-22 04:30 PM
Hi All, My question is similar to this question as asked by MSS (Do I need an AC21 filing?). But it's diff in few ways. Here are the details of my case:
I worked with my GC "sponser" (i.e. Ex-employer i.e. A) for exactly a year; then next employer for 4 months; then next employer for 15 months and now I am with my current employer (i.e. B) since 2006.
All this means is that in between I have changed TWO employers and currently with a 3rd employer for more than 2 years. Also it means even though my labor was filed while with employer "A" but I left them even before my labor was approved. I started working with my next employer (other than B) before my labor with A was approved, but my GC process continued with A.
fyi, I am calling my ex-employer who is sponser of GC application as "A" and my current employer as "B". In our discussions, I am not giving any name to in-between employers.
My GC dates have become current with A (It's a 2004, EB2 case).
I have not used my EAD yet with any of the employers and so does my wife. i.e. I am on H1B with current employer. Also I never filed AC21 for any of the employers.
140 approved for more than 5 months (but less than 180 days) and I-485 pending for more than 11 months.
Now here are few questions I have:
1. Do I need to file AC21 or not? and why?
2. How filing/not filing of AC21 can impact my citizenship?
3. Is my pending labor with B an issue for the dis/approval of AC21?
4. After getting GC with A how does it affect my employment/H1B with B?
5. What if I get the GC before I file the AC21?
6. Do you see any issues with portability, in general (keeping in mind that, I already left �A� and the GC is for future employment?)
Thanks much!
I worked with my GC "sponser" (i.e. Ex-employer i.e. A) for exactly a year; then next employer for 4 months; then next employer for 15 months and now I am with my current employer (i.e. B) since 2006.
All this means is that in between I have changed TWO employers and currently with a 3rd employer for more than 2 years. Also it means even though my labor was filed while with employer "A" but I left them even before my labor was approved. I started working with my next employer (other than B) before my labor with A was approved, but my GC process continued with A.
fyi, I am calling my ex-employer who is sponser of GC application as "A" and my current employer as "B". In our discussions, I am not giving any name to in-between employers.
My GC dates have become current with A (It's a 2004, EB2 case).
I have not used my EAD yet with any of the employers and so does my wife. i.e. I am on H1B with current employer. Also I never filed AC21 for any of the employers.
140 approved for more than 5 months (but less than 180 days) and I-485 pending for more than 11 months.
Now here are few questions I have:
1. Do I need to file AC21 or not? and why?
2. How filing/not filing of AC21 can impact my citizenship?
3. Is my pending labor with B an issue for the dis/approval of AC21?
4. After getting GC with A how does it affect my employment/H1B with B?
5. What if I get the GC before I file the AC21?
6. Do you see any issues with portability, in general (keeping in mind that, I already left �A� and the GC is for future employment?)
Thanks much!
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Rb_newsletter
10-05 09:35 PM
I saw in one of the thread one attorney said this kind of RFEs are not problem. I will post the link if I find that thread.
See if you can get a copy of the original birth certificate from the school. if you can get it, just notarize it and submit the notarized copy.
See if you can get a copy of the original birth certificate from the school. if you can get it, just notarize it and submit the notarized copy.
BhaskarEB
09-13 06:39 PM
I have completed 3.5 years of my H1B and am looking at the possibility of applying for GC either under EB2/3.
After my 12th, I did a 2 year Diploma in Business from Australia and then did a 2 year MA(History) in correspondence (open uni) from India and also a 1 year PGDCA by correspondence.
I have more than 10 years of IT experience to go with my 12+2(fulltime)+3(correspondence)years of education.
Questions:
Please advice if I qualify for EB2 and if so will there be any issues ?
Please advice if I qualify for EB3 and if so will there be any issues ?
After my 12th, I did a 2 year Diploma in Business from Australia and then did a 2 year MA(History) in correspondence (open uni) from India and also a 1 year PGDCA by correspondence.
I have more than 10 years of IT experience to go with my 12+2(fulltime)+3(correspondence)years of education.
Questions:
Please advice if I qualify for EB2 and if so will there be any issues ?
Please advice if I qualify for EB3 and if so will there be any issues ?
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badal
10-31 10:10 AM
Hi Gurus,
My PD is 04/2002 and RD is 18/June/2007, EB3 India. EAD approved and fp done in Aug.
There are no soft LUDs on my 485 after 7/17/2007. What does this mean? Is there a way to check if I am stuck in name check?
I see many people with later RD and PD getting soft LUDs. Is anyone else in the same boat? Please advice..
thanks
-badal
My PD is 04/2002 and RD is 18/June/2007, EB3 India. EAD approved and fp done in Aug.
There are no soft LUDs on my 485 after 7/17/2007. What does this mean? Is there a way to check if I am stuck in name check?
I see many people with later RD and PD getting soft LUDs. Is anyone else in the same boat? Please advice..
thanks
-badal
more...
reddyram
08-18 10:19 PM
I am in similar situation. If she comes here and we get married "new" and I am GC Holder can she get a GC too ( provided PD is current ) OR I have to wait till I become Citizen and then file ....
I am too confused..
I am too confused..
jliechty
September 24th, 2005, 06:27 PM
Excellent! Works very well in B&W, IMHO. :)
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ursnkk
11-21 02:03 PM
Hi,
Thanks very much for taking up my question ,
I got my visa from employer X in the year 2003 and travelled to US in jan 2004 immigration officials denied my port of entry saying employer X is non-existent and cancelled my visa and told to with draw my application and they have written 212(a)(c)(i)(i) on my passport.I went back to my home country and worked over there for 3 yrs. After sometime i got an offer from some employer Y,they have filed for my H1B and approved.
When i went for visa to US Consulate visa officer told me that am ineligible for the H1B visa. I have explained them what exactly happened in 2004.
VisaOfficer has asked to appeal for waiver using the form I-601,after my appeal to the USCIS, consulate has given the visa.I came to US in 2007 and working for same employer B .I applied for extension under the same employer B,got an RFE asking to submit aggrement b/w the client and the vendor,the requested documents are sent. After that USCIS sent NOID(Notice of Intent to Deny),gave the reason as :
In January 2004 the beneficiay applied for admission as an H1 B Worker for company X.Under oath the beneficiary stated he never signed a contract with the petitioning company X,the petition company was found not to exist. Therefore, the beneficiary was found inadmissible under 212(A)(6)(C)(I) and 212(A)(7)(A)(I)(I) and permanently ineligible for the H1 Classification.
USCIS has again came back with the same issue of my previous H1 B.
I have been in US from 2007 June with employer Y ,after going through all the process in the year 2007 USCIS has issued my visa.
Please advice me on this, any help fully appreciated.
Thank you again for your anticipated cooperation in this matter.
Thanks very much for taking up my question ,
I got my visa from employer X in the year 2003 and travelled to US in jan 2004 immigration officials denied my port of entry saying employer X is non-existent and cancelled my visa and told to with draw my application and they have written 212(a)(c)(i)(i) on my passport.I went back to my home country and worked over there for 3 yrs. After sometime i got an offer from some employer Y,they have filed for my H1B and approved.
When i went for visa to US Consulate visa officer told me that am ineligible for the H1B visa. I have explained them what exactly happened in 2004.
VisaOfficer has asked to appeal for waiver using the form I-601,after my appeal to the USCIS, consulate has given the visa.I came to US in 2007 and working for same employer B .I applied for extension under the same employer B,got an RFE asking to submit aggrement b/w the client and the vendor,the requested documents are sent. After that USCIS sent NOID(Notice of Intent to Deny),gave the reason as :
In January 2004 the beneficiay applied for admission as an H1 B Worker for company X.Under oath the beneficiary stated he never signed a contract with the petitioning company X,the petition company was found not to exist. Therefore, the beneficiary was found inadmissible under 212(A)(6)(C)(I) and 212(A)(7)(A)(I)(I) and permanently ineligible for the H1 Classification.
USCIS has again came back with the same issue of my previous H1 B.
I have been in US from 2007 June with employer Y ,after going through all the process in the year 2007 USCIS has issued my visa.
Please advice me on this, any help fully appreciated.
Thank you again for your anticipated cooperation in this matter.
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ilikekilo
01-13 08:53 PM
>>>>>>>>>>
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sc09876
07-29 09:55 AM
Hi,
Can the work experience without H1B be countable when you apply for I140 (EB2, BS + 5yrs ) ?
I kept my part time job about 3 yrs while I was working as a full timer at other companies. But the problem is I was getting paid but didn't file H1B as a part timer. I know that I should have filed for H1B but I just had a H1B as a full timer with my other company. If I can count my part time work experience ( 3yrs part time / 2 = 1.5 yrs as full time) along with my full time experience (3.7 yrs), It exceeds 5 yrs of related work experience that requires for EB2.
Thanks, dbn
To be working on part time while on H1-B for an employer that is not the one who sponsored your H1-B is not legal. Please refer to a heated discussion currently under way in the Away-Qxter discussion topic.
Can the work experience without H1B be countable when you apply for I140 (EB2, BS + 5yrs ) ?
I kept my part time job about 3 yrs while I was working as a full timer at other companies. But the problem is I was getting paid but didn't file H1B as a part timer. I know that I should have filed for H1B but I just had a H1B as a full timer with my other company. If I can count my part time work experience ( 3yrs part time / 2 = 1.5 yrs as full time) along with my full time experience (3.7 yrs), It exceeds 5 yrs of related work experience that requires for EB2.
Thanks, dbn
To be working on part time while on H1-B for an employer that is not the one who sponsored your H1-B is not legal. Please refer to a heated discussion currently under way in the Away-Qxter discussion topic.
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permfiling
01-03 01:39 AM
What is IV agenda on PP of I140 ? Efforts should be made to get PP
contributions : $500
contributions : $500
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bigboy007
06-21 08:12 PM
This item deals with "Wage per week " in this field after i checked out my application lawyer gave the whole years income instead of weeks income. as i enquired he said even though "/year" is ideal to mention immigration officers know that this amount is same as that of Labor and thats not an issue . any comments please?
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slowwin
05-20 09:04 AM
This question is for an attorney:
My spouse's case is this: She has applied for AOS I-485 (India) based on an underlying EB3 I-140 (PD feb. 2007) petition during July 2007. At that time she had also applied for an EB2 NIW self petition, which was recently approved in April 2009.
Two issues arise now:
a) The PD date of the newly approved I-140 is August 2007.How do we inform USCIS to capture previously approved EB3 I-140's PD. She has used AC21 to port to same or similar job, but he previous EB3 I-140 has not been revoked. Is it possible to capture previous PD?
b) Do we have to send new I-485's or can we ask USCIS to interile newly approved EB2 NIW I-140 to the already submitted I-485s. If yes, how do we do that ?
Thanks for the help.
slowwin
My spouse's case is this: She has applied for AOS I-485 (India) based on an underlying EB3 I-140 (PD feb. 2007) petition during July 2007. At that time she had also applied for an EB2 NIW self petition, which was recently approved in April 2009.
Two issues arise now:
a) The PD date of the newly approved I-140 is August 2007.How do we inform USCIS to capture previously approved EB3 I-140's PD. She has used AC21 to port to same or similar job, but he previous EB3 I-140 has not been revoked. Is it possible to capture previous PD?
b) Do we have to send new I-485's or can we ask USCIS to interile newly approved EB2 NIW I-140 to the already submitted I-485s. If yes, how do we do that ?
Thanks for the help.
slowwin
more...
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JazzByTheBay
09-16 02:58 PM
yEes, a temporary change of image can have interesting implications... :)
jazz
LOL...Plz change the title to "I Need u". The current title implies something else :D
jazz
LOL...Plz change the title to "I Need u". The current title implies something else :D
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vegasbaby
02-28 10:27 PM
Hi Guys,
I used to work for company �a� which was a part of the bigger company �A�. There was another company �b� which was a part of the bigger company �B�.
Now both companies A and B made a joint venture (JV) and made company �c� joining company �a� and �b�.
Company A has 25% stake and company B has 75% stake in JV(Company "c"). The new formed company "c" has �new name�, all employees filed �new employment applications� and have �offered a new employment� with the new company �c�
Now my question is as this company �c� is totally �new�, can I convert my EB3 case to EB2 and use company �a� experience and file for EB2 with company �c�
Thanks,
Yes. As long as company C has a requirement for EB2 position.
I used to work for company �a� which was a part of the bigger company �A�. There was another company �b� which was a part of the bigger company �B�.
Now both companies A and B made a joint venture (JV) and made company �c� joining company �a� and �b�.
Company A has 25% stake and company B has 75% stake in JV(Company "c"). The new formed company "c" has �new name�, all employees filed �new employment applications� and have �offered a new employment� with the new company �c�
Now my question is as this company �c� is totally �new�, can I convert my EB3 case to EB2 and use company �a� experience and file for EB2 with company �c�
Thanks,
Yes. As long as company C has a requirement for EB2 position.
more...
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maitabasa
07-26 10:05 PM
I obtained an H1B visa through Company A (starting October 2008) and the H1B visa was valid until September 2011, unfortunately in March 2009 I was laid off. As a result to maintain my status I switched from an H1B visa to a B1/B2 visa. I actually went to my home country and got the visitors visa from the consulate in my home country. In July 2009 I returned to the USA and entered the USA as a visitor on a B1/B2 visa.
My question now is what happens if I obtain employment. What does my new employer have to do? Since my initial H1B approval is valid until September 2011, can by new employer just take over the H1B without me having to go through the lottery system again even though currently I am on a visitors visa and have been unemployed for more than 3 months?
Thank you.
My question now is what happens if I obtain employment. What does my new employer have to do? Since my initial H1B approval is valid until September 2011, can by new employer just take over the H1B without me having to go through the lottery system again even though currently I am on a visitors visa and have been unemployed for more than 3 months?
Thank you.
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chanduv23
11-10 10:18 AM
Folks,
My I-485 is filled at Nebraska Service Center. Does anyone has the address where to send AC21 job change letter ?
I plan to file it myself.
Thanks
To where you sent your 485 package. I recommend to utilize services of Attorney - primarily because they attach their cover letter with their letterhead which could make some difference
My I-485 is filled at Nebraska Service Center. Does anyone has the address where to send AC21 job change letter ?
I plan to file it myself.
Thanks
To where you sent your 485 package. I recommend to utilize services of Attorney - primarily because they attach their cover letter with their letterhead which could make some difference
more...
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mrsr
06-17 10:08 AM
A# will be on yr approved I140 above yr name ,in beneficiary column
both . copy of i94 original + approval notice . is shd have the same number if u have not travelled outside
both . copy of i94 original + approval notice . is shd have the same number if u have not travelled outside
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suriajay12
11-15 07:01 AM
Thanks Gulute.
Can somebody please help me on this.
If we have to open one more office elsewhere, do you think there are any specific requireemnts the office space must meet.
Like sq footage, cabins.. etc. Do you have any link that talks about office space wrt immigration requirements,
I am not an employer, but I got a project to look for space and this is considered important as its related to immigration requirements.
Thansk a LOT in adv.
Can somebody please help me on this.
If we have to open one more office elsewhere, do you think there are any specific requireemnts the office space must meet.
Like sq footage, cabins.. etc. Do you have any link that talks about office space wrt immigration requirements,
I am not an employer, but I got a project to look for space and this is considered important as its related to immigration requirements.
Thansk a LOT in adv.
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alexgeek
01-17 02:14 PM
That's C# but I think that particular code will work with any .NET language.
krish2005
12-04 11:33 AM
Some signs of good recovery. If this trend continues then there will be lesser pressure on the H1 noose.
U.S. job data gives boost to recovery hopes | Reuters (http://www.reuters.com/article/idUSN0432007920091204)
Hope such lower trends make them give us EB2 and 3 waiters a good break....:D:D
Greens if this post interests some of us.
U.S. job data gives boost to recovery hopes | Reuters (http://www.reuters.com/article/idUSN0432007920091204)
Hope such lower trends make them give us EB2 and 3 waiters a good break....:D:D
Greens if this post interests some of us.
braindrain
10-17 01:03 AM
I am planning to sponsor for my in-laws and have a list of all the required documents, but I have a question about the financial/property documents they need to to take. The reason being, my father-in-law is retired and since then they have been living based on he pension and rental from some of the properties they own and have not filed tax returns.
Will getting the property evaluation and showing cash balance sufficient OR do I need them to take any additional documentation. Their source of income is just the pension and rental properties. Since most of the transactions happen in CASH in India, they don't have bank statements or records to support the rental property, except for the original property documents associated with the rental properties.
Since I am the sponsor, I have got all the required docs from my side both immigration and financial docs properly. I believe, my in-laws also need to get the property and other docs handy to prove the ties back to the home country.
Please advice...
Will getting the property evaluation and showing cash balance sufficient OR do I need them to take any additional documentation. Their source of income is just the pension and rental properties. Since most of the transactions happen in CASH in India, they don't have bank statements or records to support the rental property, except for the original property documents associated with the rental properties.
Since I am the sponsor, I have got all the required docs from my side both immigration and financial docs properly. I believe, my in-laws also need to get the property and other docs handy to prove the ties back to the home country.
Please advice...
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