kopguy
05-12 06:56 PM
My PD is Sep-03, EB3-India. I left the employer who sponsored me one year after I filled 485 (thanks to July-07 fiasco). I have over 12 years of experience and was wondering if it was possible to port to EB-2 without having to file for new labor by just refilling I-140.
Thanks
Thanks
kondur_007
08-21 06:28 PM
I have a strange situation where I was thinking of AC21 all the while since January (Jul 02 Filer, TSC with Receipt# SRC 0722...).
Now, I finally made my mind and about to get an offer (after labor day, they say).
The lawyer says "don't think about AC21 now, because most probably your GC will be here within 3 months"
My PD is July 31st, 2006.
Dilemma: I don't want to screw up (or stretch the case un-necessarily) by changing employment just in case if there is an RFE. But then, I have to stay with my current employer for 6+ months AFTER GC as well, to be able to prove "permanent employment" intent.
please advise if the timing (within 3 months) makes sense.
Please also shed light on the permanent intent thing .
Many thanks
I am not a lawyer, but this is my honest opinion:
If your I140 is approved, go ahead and do AC21. On a long run you will be much better off. Odds are, your GC will take a while and you will get stuck with an employer you dont want to work with long term. So go ahead and do AC21 ASAP before GC gets approved. As long as you invoke AC21 (date when you mail AC21 papers to USCIS or document it with your lawyer or accept the new job) BEFORE the approval of you GC, you will just be fine.
Good Luck.
Now, I finally made my mind and about to get an offer (after labor day, they say).
The lawyer says "don't think about AC21 now, because most probably your GC will be here within 3 months"
My PD is July 31st, 2006.
Dilemma: I don't want to screw up (or stretch the case un-necessarily) by changing employment just in case if there is an RFE. But then, I have to stay with my current employer for 6+ months AFTER GC as well, to be able to prove "permanent employment" intent.
please advise if the timing (within 3 months) makes sense.
Please also shed light on the permanent intent thing .
Many thanks
I am not a lawyer, but this is my honest opinion:
If your I140 is approved, go ahead and do AC21. On a long run you will be much better off. Odds are, your GC will take a while and you will get stuck with an employer you dont want to work with long term. So go ahead and do AC21 ASAP before GC gets approved. As long as you invoke AC21 (date when you mail AC21 papers to USCIS or document it with your lawyer or accept the new job) BEFORE the approval of you GC, you will just be fine.
Good Luck.
Dhundhun
06-03 03:19 PM
I came across one member who is taking ARRA in Northern california. He is a frequent visitor to IV forumn.
I have had applied for UI and did not have any issues yet. 9 weeks over. Secondly i have recently asked UI whether they would pay relocation if i get a job in a another state.
J Thoams
Thanks Thomas.
I have had applied for UI and did not have any issues yet. 9 weeks over. Secondly i have recently asked UI whether they would pay relocation if i get a job in a another state.
J Thoams
Thanks Thomas.
Leo07
05-21 05:18 PM
'American Nava Nirman Sena' Ticket---LOL:)
July 2009
July 2010
July 2011
July 2012...or
By the way things are moving backwards, We will be awarded GC posthumously in a Rose Garden Ceremony by the President (who will be my son since he was born here and eligible to be come President. He will be contesting elections in 2060 under 'American Nava Nirman Sena' Ticket).
July 2009
July 2010
July 2011
July 2012...or
By the way things are moving backwards, We will be awarded GC posthumously in a Rose Garden Ceremony by the President (who will be my son since he was born here and eligible to be come President. He will be contesting elections in 2060 under 'American Nava Nirman Sena' Ticket).
more...
shanti
02-24 10:49 PM
Thank you all for your answers, and we could agree that there is not a clear straightforward guideline regarding the AC21. So I have the following doubts:
1- I really am not worried about the salary part, since the OCC code that the USCIS allocated for my labor certification pays in the area that I intend to work the same salary that their statistics show so that is fine. About the salary issue I talked with a couple of lawyer already,.
2- This is what I am concerned and is about the experience part. I read online that for porting a labor (or some situation of the kind before filing I-485) that you cannot use the experience gained on the labor sponsoring company but you could use anything before that employer.
Here is the question I have regarding that frozen experience clock:
a- Before coming to US I had 5 ys expeirence
b- WIth first H-1B sponsor company I worked 3 ys in U.S. until end of 2003
c- I joined my current employer B on H-1B and worked there all 2004 and they filed for labor in Feb 2005. So my question is.. as previous experience
I know I can count the three years with employer A since no labor there, but with employer B can I count that year before they filed for labor that I was under H-1b or I cannot count any experience gain before the labor was filed with employer B at all? I think that is the key question here.
1- I really am not worried about the salary part, since the OCC code that the USCIS allocated for my labor certification pays in the area that I intend to work the same salary that their statistics show so that is fine. About the salary issue I talked with a couple of lawyer already,.
2- This is what I am concerned and is about the experience part. I read online that for porting a labor (or some situation of the kind before filing I-485) that you cannot use the experience gained on the labor sponsoring company but you could use anything before that employer.
Here is the question I have regarding that frozen experience clock:
a- Before coming to US I had 5 ys expeirence
b- WIth first H-1B sponsor company I worked 3 ys in U.S. until end of 2003
c- I joined my current employer B on H-1B and worked there all 2004 and they filed for labor in Feb 2005. So my question is.. as previous experience
I know I can count the three years with employer A since no labor there, but with employer B can I count that year before they filed for labor that I was under H-1b or I cannot count any experience gain before the labor was filed with employer B at all? I think that is the key question here.
nanneh
04-30 02:05 PM
Here is the format that you need. I got this from my attorney.
AFFIDAVIT
OF BIRTH
I, __________________________, certify to the following:
1. I was born on ___________, 19___, in the town of ___________________ and country of ________________________. I am _____ years of age. I am currently residing at __________________________________________________ _______________________.
2. ________________________________ was born to _________________________ and _________________________ on _______________ in ____________________.
3. The above facts are within my personal knowledge because _________________ is my _____________(uncle, cousin, friend, etc.), and I was present at the time of said birth.
Dated: ______________, 200_ _____________________________
Signature
Subscribed and sworn to before me this
________ day of ___________, 200_
at ________________________________.
My commission expires ___________, 200_
___________________________ ________________________
Notary Public Official Seal
Thank you Mr. apk1928.
AFFIDAVIT
OF BIRTH
I, __________________________, certify to the following:
1. I was born on ___________, 19___, in the town of ___________________ and country of ________________________. I am _____ years of age. I am currently residing at __________________________________________________ _______________________.
2. ________________________________ was born to _________________________ and _________________________ on _______________ in ____________________.
3. The above facts are within my personal knowledge because _________________ is my _____________(uncle, cousin, friend, etc.), and I was present at the time of said birth.
Dated: ______________, 200_ _____________________________
Signature
Subscribed and sworn to before me this
________ day of ___________, 200_
at ________________________________.
My commission expires ___________, 200_
___________________________ ________________________
Notary Public Official Seal
Thank you Mr. apk1928.
more...
saran4
03-03 09:58 PM
hi ,
Since i dont have answer from them so posted here.... Moreover it may help some other person in future.... about the complexities....
Since i dont have answer from them so posted here.... Moreover it may help some other person in future.... about the complexities....
ronhira
09-18 09:42 PM
USCIS admits to a backlog of 190K but most are in EB2-I/C and EB3 with a PD earlier than Aug 2007. No one knows how many people are waiting in these categories with approved I-140s from Aug2007-Sep2010. It could be another 150-200K. S0 even if the backlog is not 800K, but its around 400K.
uscis definition of backlog is pending AOS applications that have been processed and have visa dates current...... they do not account for application with non-current dates as backlog..... so that's y they say the backlog is 190K..... but in reality the backlog size is many folder higher than 190K.....
u may want to look for uscis definition of backlog....
uscis definition of backlog is pending AOS applications that have been processed and have visa dates current...... they do not account for application with non-current dates as backlog..... so that's y they say the backlog is 190K..... but in reality the backlog size is many folder higher than 190K.....
u may want to look for uscis definition of backlog....
more...
sanojkumar
02-12 12:39 PM
I have my visa valid till Dec 2008. But PP Expires on July 1st 2007. when I was entering US on Dec 30th 2007, They gave me I94 valid till july 1st 2007. So I have to extend my I94 once I will get my new passport for which i have already applied in Chicago. Does any one know, how many days it takes for passport renewal? I had sent my passport to chicago Indian consulate on jan 10th and still waiting.
kumarc123
05-19 11:10 AM
Why should Indian leader plead for your green card? This is a US immigration issue. US has to base its immigration based on its own interests. Don't get me wrong, even i am waiting for my Green Card. But i don't expect Indian Prime minister to work for my Green Card.
As a Indian Citizen NRI you are talking about having the right to ask the Prime Minister. Tomorrow you are probably willing to take the US citizenship too. You cannot just look at your personal needs and expect Indian PM to help you become an American Citizen. All i am trying to say is don't bring down the Indian PM just for your need to get a GC.
My friend,
to a certain extent I agree with your point. However I believe MR Singh could have initiated a dialog on Indian immigrants. Reason being most us, send our money back home, keep money in our accounts over there? Lets not forget the air tickets we bought to come over here, the loans we picked from there, all the taxes are paid to the government.
How many of us, buy properties over there, so my point is yes it not a direct concern of an Indian PM, but indirectly we are paying their fat bills or a polite version -- taxes. They should have brought that point.
As a Indian Citizen NRI you are talking about having the right to ask the Prime Minister. Tomorrow you are probably willing to take the US citizenship too. You cannot just look at your personal needs and expect Indian PM to help you become an American Citizen. All i am trying to say is don't bring down the Indian PM just for your need to get a GC.
My friend,
to a certain extent I agree with your point. However I believe MR Singh could have initiated a dialog on Indian immigrants. Reason being most us, send our money back home, keep money in our accounts over there? Lets not forget the air tickets we bought to come over here, the loans we picked from there, all the taxes are paid to the government.
How many of us, buy properties over there, so my point is yes it not a direct concern of an Indian PM, but indirectly we are paying their fat bills or a polite version -- taxes. They should have brought that point.
more...
quizzer
07-26 10:22 PM
any idea when will this be taken up?
gceverywhere
06-10 02:15 PM
Bump..^
more...
bond65
08-28 11:25 AM
kaisersose, is it mandatory for the beneficiary to sign the approved labor before attaching it to the I140 application ?
According to the legal assistant:
Traditional Labor:
Incase of substitution the beneficiary has to sign the approved labor. Otherwise it is not required.
PERM: Requires beneficiary's signature.
According to the legal assistant:
Traditional Labor:
Incase of substitution the beneficiary has to sign the approved labor. Otherwise it is not required.
PERM: Requires beneficiary's signature.
gc_chahiye
12-17 03:22 AM
Team,
Here is my situation: I was working for a company A as a systems analyst and filed my GC on July, 2004 in RIR. Got the Labor approved in December 2006.
But I have transfered my H1B to company B in November, 2005 as a systems analyst and filed my GC in Jan, 2007 in PERM. Got my LC and 140 approved in April, 2007 + filed AOS in July, 2007. Still I am continuing my services with company B on H1B (H1b expires on Sep, 2008).
I am having difficulties with Company B, they are creating problems and planning to lay me off soon. I am very much concerned and worried about it since I live with two little kids.
My previous employer (company A) willing to take me back but I have the folloiwng questions and would really appreciate and thank you for your answers.
1. If I want to keep my status with H1B only and transfer my H1 to company A, will that cause any issues to my AOS of company B?
if your new employer revokes your I-140 before 180 days of your 485-filing, your AOS is gone.
2. As I mentioned company A has my LC approved, if I transfer my H1B to comapny A, can file my 140 with company A again? If Yes, will that impact my AOS of company B?
you can file I-140, it does not impact AOS from B. In fact at this stage (assuming there was no fraud anywhere) if you simply wait 180 days past the receipt date of your I-485, even B cannot harm your AOS...
3. If I transfer H1B and continue my services with company A, how does we port ACT21 to my status? Is it must to use EAD to use ACT 21?
wait 180 days past your I-485 filing, then just do an H1 transfer to A. Using EAD is not mandatory.
4. If I jump on ACT 21 using my EAD from company B to company A, can I file my 140 with company A? if Yes, will that impact my AOS of company B?
you cna file a new I-140 with A, it does not impact AOS with B. Once htat I-140 is approved, you can even consider interfiling it into your existing 485, so your PD is automatically bumped up.
5. If I change the employer after 180 days, current employer (company B) will have any authority to create any problems with AOS or with approved 140?
they can withdraw your I-140. That DOES NOT impact your AOS in any way.
Wait 180 days, and you are safe from B.
6. If I filed my 140 with company A and got denied, what happens with AOS from comapny B?
typically nothing. In rare cases USCIS has gone back to look at previous petitions. If the reason your I-140 with A is denied also applies to the I-140 with B, they can go back and revoke that too. However its extremely rare from what I know.
Guys once again I really appreciate your time and please give me some suggestions as I am very badly in need of your help.
just chill. The most critical thing at this stage is to allow teh 180 days to pass peacefully without getting your GC sponsor worked up.
Confucious had said, when it comes to 485 and AC-21, be smart and patiently wait for the time to pass before you transform from your pre 180 days avatar (http://www.forparentsbyparents.com/images/cute_baby_2006/cute_baby_nov06_ruby_400.jpg) to your post 180 days avatar (http://www.niten.org.br/artigossensei/cafecomsensei/mai2007/killbill.jpg).
Here is my situation: I was working for a company A as a systems analyst and filed my GC on July, 2004 in RIR. Got the Labor approved in December 2006.
But I have transfered my H1B to company B in November, 2005 as a systems analyst and filed my GC in Jan, 2007 in PERM. Got my LC and 140 approved in April, 2007 + filed AOS in July, 2007. Still I am continuing my services with company B on H1B (H1b expires on Sep, 2008).
I am having difficulties with Company B, they are creating problems and planning to lay me off soon. I am very much concerned and worried about it since I live with two little kids.
My previous employer (company A) willing to take me back but I have the folloiwng questions and would really appreciate and thank you for your answers.
1. If I want to keep my status with H1B only and transfer my H1 to company A, will that cause any issues to my AOS of company B?
if your new employer revokes your I-140 before 180 days of your 485-filing, your AOS is gone.
2. As I mentioned company A has my LC approved, if I transfer my H1B to comapny A, can file my 140 with company A again? If Yes, will that impact my AOS of company B?
you can file I-140, it does not impact AOS from B. In fact at this stage (assuming there was no fraud anywhere) if you simply wait 180 days past the receipt date of your I-485, even B cannot harm your AOS...
3. If I transfer H1B and continue my services with company A, how does we port ACT21 to my status? Is it must to use EAD to use ACT 21?
wait 180 days past your I-485 filing, then just do an H1 transfer to A. Using EAD is not mandatory.
4. If I jump on ACT 21 using my EAD from company B to company A, can I file my 140 with company A? if Yes, will that impact my AOS of company B?
you cna file a new I-140 with A, it does not impact AOS with B. Once htat I-140 is approved, you can even consider interfiling it into your existing 485, so your PD is automatically bumped up.
5. If I change the employer after 180 days, current employer (company B) will have any authority to create any problems with AOS or with approved 140?
they can withdraw your I-140. That DOES NOT impact your AOS in any way.
Wait 180 days, and you are safe from B.
6. If I filed my 140 with company A and got denied, what happens with AOS from comapny B?
typically nothing. In rare cases USCIS has gone back to look at previous petitions. If the reason your I-140 with A is denied also applies to the I-140 with B, they can go back and revoke that too. However its extremely rare from what I know.
Guys once again I really appreciate your time and please give me some suggestions as I am very badly in need of your help.
just chill. The most critical thing at this stage is to allow teh 180 days to pass peacefully without getting your GC sponsor worked up.
Confucious had said, when it comes to 485 and AC-21, be smart and patiently wait for the time to pass before you transform from your pre 180 days avatar (http://www.forparentsbyparents.com/images/cute_baby_2006/cute_baby_nov06_ruby_400.jpg) to your post 180 days avatar (http://www.niten.org.br/artigossensei/cafecomsensei/mai2007/killbill.jpg).
more...
ranahosur
07-29 03:08 PM
Thanks for the all the replies.
I talked to the Department of Labour representative. I was told that it is ILLEGAL to ask the employee to reimburse the H1B cost. If asked to do that, I can file a complaint with DOL against the company.
Thanks for all the replies.
Thanks
Raghu
I talked to the Department of Labour representative. I was told that it is ILLEGAL to ask the employee to reimburse the H1B cost. If asked to do that, I can file a complaint with DOL against the company.
Thanks for all the replies.
Thanks
Raghu
supreet
06-30 12:28 AM
My Wife and I were scheduled to have our fingerprints taken on July 7th and July 9th respectively. Today, we received a letter for my wife and the letter says "Appointment Canceled" "No need to appear at ASC".
The letter does not say if they are going to reschedule OR the reason for cancelling.
I am a July 2007 applicant and this is the first FP appts we have got.
Does anybody have this kind of experience before?
Do you think I should show up at the ASC on the previously scheduled date OR just wait for a new letter and date.
My case is in TSC.
Any comment is appreciated.
Thanks.
Bipin :mad:
I got the exact same letter. My wife and I were supposed to go to Oakland on July 7th for our FPs (our first) and today we got the letter which says "APPOINTMENT CANCELLED"; "No Need to Appear At ASC".
Additional information - I was laif off last month (May). So far my 485/140 status is unchanged (no RFEs...keeping fingers crossed).
Any ideas what's going on?
- S
The letter does not say if they are going to reschedule OR the reason for cancelling.
I am a July 2007 applicant and this is the first FP appts we have got.
Does anybody have this kind of experience before?
Do you think I should show up at the ASC on the previously scheduled date OR just wait for a new letter and date.
My case is in TSC.
Any comment is appreciated.
Thanks.
Bipin :mad:
I got the exact same letter. My wife and I were supposed to go to Oakland on July 7th for our FPs (our first) and today we got the letter which says "APPOINTMENT CANCELLED"; "No Need to Appear At ASC".
Additional information - I was laif off last month (May). So far my 485/140 status is unchanged (no RFEs...keeping fingers crossed).
Any ideas what's going on?
- S
more...
Leo07
11-14 09:41 PM
All the thoughts...and suggestions in the heat of the moment is fine....but let'sa ll stick to the same passion and participate in IV efforts with the same enthusiasm.
tinamatthew
07-20 09:37 PM
Hi,
I am planning to change my residence after 2 months. By that time my AOS would be applied. Will it be a problem if I change my residence (different city but same state) after AOS is applied?
:confused:
Signed up for 50$ recurring
Of course you can move, just make sure you send in AR-11within 10 days of moving. The lawyer has a good point though. I changed my address using AR-11 (because lawyer put wrong town and zip!!!) informed USCIS, they wrote back to say it had been done and kept sending receipts to the wrong address, which was none existent!! Check out the link below
"all non-U.S. citizens who move within the United States and its territories must submit a Form AR-11 within 10 days after completing the change of address"
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9d686c854523d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD
I am planning to change my residence after 2 months. By that time my AOS would be applied. Will it be a problem if I change my residence (different city but same state) after AOS is applied?
:confused:
Signed up for 50$ recurring
Of course you can move, just make sure you send in AR-11within 10 days of moving. The lawyer has a good point though. I changed my address using AR-11 (because lawyer put wrong town and zip!!!) informed USCIS, they wrote back to say it had been done and kept sending receipts to the wrong address, which was none existent!! Check out the link below
"all non-U.S. citizens who move within the United States and its territories must submit a Form AR-11 within 10 days after completing the change of address"
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9d686c854523d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD
cat555
07-09 12:20 PM
I was in a consulting field with employer taking 30% and me getting 70%.
He supposed to deduct $400 for medical insurance from my paycheck -biweekly, instead deduction was only $200. I never knew that.
My question is why not he acted immediately after knowing the error?
Why should I pay for somebody's mistake?
Am I going to get any tax benefit now?
Why not he deducted single penny in last 2 months before I left?
I didn't sign any paper to pay him back over a period neither did he come up with any plan.
All this proves that he agreed to waive off while I was working for him.
He supposed to deduct $400 for medical insurance from my paycheck -biweekly, instead deduction was only $200. I never knew that.
My question is why not he acted immediately after knowing the error?
Why should I pay for somebody's mistake?
Am I going to get any tax benefit now?
Why not he deducted single penny in last 2 months before I left?
I didn't sign any paper to pay him back over a period neither did he come up with any plan.
All this proves that he agreed to waive off while I was working for him.
QuickGreenCard
04-20 05:57 PM
Hey gc28262,
I am in the same boat as you. I applied for both EAD & AP last year to Texas Service Center. I have gotten my EAD but not AP. The following is my online status for AP:
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Approval notice sent.
On August 13, 2008, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
I called many times and was able to open up a service request. They sent me a letter saying the same thing that I can see online. Everyone told me to re-apply or send I-824 (Application for action on approved petition with the fees $340, costs more than the AP application itself).
Could you please post the address where you have mailed. I would like to try the same to see if my luck changes any.
Thanks
Srini
I am in the same boat as you. I applied for both EAD & AP last year to Texas Service Center. I have gotten my EAD but not AP. The following is my online status for AP:
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Approval notice sent.
On August 13, 2008, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
I called many times and was able to open up a service request. They sent me a letter saying the same thing that I can see online. Everyone told me to re-apply or send I-824 (Application for action on approved petition with the fees $340, costs more than the AP application itself).
Could you please post the address where you have mailed. I would like to try the same to see if my luck changes any.
Thanks
Srini
coolmanasip
07-19 09:58 AM
By "resident" you mean its an AOS case and not Counsulate processing right? Meaning he is in US and submitting AOS application right? yes, he has been here for 5 yrs on h1b and his wife was on H4 when he claimed some of her tuition under 8863
