veni001
06-18 01:53 PM
Remember I-140 is Employer's not yours, only safety net for PD is I-485 +180 days (AC21 rule).
I 'm no expert. But what Veni001 is telling is incorrect. Even though you didn't apply for 485 you still can use that 140 and use that date.
There might be a little problem if the 140 is revoked. But you can certainly try.
I 'm no expert. But what Veni001 is telling is incorrect. Even though you didn't apply for 485 you still can use that 140 and use that date.
There might be a little problem if the 140 is revoked. But you can certainly try.
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desi3933
06-18 02:56 PM
Hi Gurus,
Please comment on my situation.
My current job, 140 is approved, and employer ready to file 485. But there is also a risk of layoff in coming 2 months. Employer won't revoke I-140, if he had to let me go.
I have another employer interested and has filed H1 transfer. I am in the 7th year of H1.
If I let current employer file I-485, and also get EAD/AP. Then if laid off after 2 months, and new employer ready to wait for 2 months from now, understanding the situation.
1. Can I join the new employer on H1, after 2 months.
Yes, New employer needs to file for H1-B transfer.
Will can cancel my I-485 processing automatically, even though the employer did not revoke the I-140?
No.
2. Should I join the new employer on EAD, which will be approved for 1 year by then?
It may be good idea to join on H1.
Will there be risk of violation of AC21, and 485 or EAD renewal being rejected at later stage? And what would be a fall-back strategy in such case?
GC is for the future job. AC-21 allows to change future employer after I-485 has been filed for 180 calendar days and I-140 is approved.
3. Just join the new employer, as it will be stable job. and not worry about the 485 date. It will be current again next year.
Invoke AC-21.
4. Is there any information, how the AC-21 works? Is it automatic, or do I need to file for some documents when I switch jobs. That would prevent me from taking any job before 6 months. But I may be laid off in 2 months.
Search on these forums. It has been discussed in detail.
Thanks in advance!
See above in blue. This is NOT a legal advice.
Please comment on my situation.
My current job, 140 is approved, and employer ready to file 485. But there is also a risk of layoff in coming 2 months. Employer won't revoke I-140, if he had to let me go.
I have another employer interested and has filed H1 transfer. I am in the 7th year of H1.
If I let current employer file I-485, and also get EAD/AP. Then if laid off after 2 months, and new employer ready to wait for 2 months from now, understanding the situation.
1. Can I join the new employer on H1, after 2 months.
Yes, New employer needs to file for H1-B transfer.
Will can cancel my I-485 processing automatically, even though the employer did not revoke the I-140?
No.
2. Should I join the new employer on EAD, which will be approved for 1 year by then?
It may be good idea to join on H1.
Will there be risk of violation of AC21, and 485 or EAD renewal being rejected at later stage? And what would be a fall-back strategy in such case?
GC is for the future job. AC-21 allows to change future employer after I-485 has been filed for 180 calendar days and I-140 is approved.
3. Just join the new employer, as it will be stable job. and not worry about the 485 date. It will be current again next year.
Invoke AC-21.
4. Is there any information, how the AC-21 works? Is it automatic, or do I need to file for some documents when I switch jobs. That would prevent me from taking any job before 6 months. But I may be laid off in 2 months.
Search on these forums. It has been discussed in detail.
Thanks in advance!
See above in blue. This is NOT a legal advice.
greenguru
06-13 11:52 AM
A similar situation happened to a friend of mine. It is very easy, talk to a good lawyer and you should have them very soon..
My friend got the green card in 3 months.
Cheers,
My friend got the green card in 3 months.
Cheers,
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chanduv23
04-18 02:09 PM
Hello,
I am July 2nd 2007 AOS filer. My AOS application (including dependants') was received by USCIS mailroom on July 2nd 2007 at 10.20 am (according to FedEx Tracker), but the I-485 Receipt Date is Aug. 8th, 2007, and Notice Date is Oct 2nd, 2007. (USCIS took almost a month to enter our cases in their system). Now, USICS has sent rejection notices that our PD is not current in Aug.2007. Our cases are EB2, and PD is 05/2004, and PD was current in July.2007, as most of the July.2007 filers might know. The denial notice also has I-290B for us to file Appeal or Motion. I have contacted my law firm also. I remember seeing a similar thread, but couldn't find it now. I appreciate your suggestions and guidance. I have also sent a private message to Pappu, asking IV's help on this matter.
Thanks in advance.
Don't stress - take it easy. This can be fixed. i sent you a private message
I am July 2nd 2007 AOS filer. My AOS application (including dependants') was received by USCIS mailroom on July 2nd 2007 at 10.20 am (according to FedEx Tracker), but the I-485 Receipt Date is Aug. 8th, 2007, and Notice Date is Oct 2nd, 2007. (USCIS took almost a month to enter our cases in their system). Now, USICS has sent rejection notices that our PD is not current in Aug.2007. Our cases are EB2, and PD is 05/2004, and PD was current in July.2007, as most of the July.2007 filers might know. The denial notice also has I-290B for us to file Appeal or Motion. I have contacted my law firm also. I remember seeing a similar thread, but couldn't find it now. I appreciate your suggestions and guidance. I have also sent a private message to Pappu, asking IV's help on this matter.
Thanks in advance.
Don't stress - take it easy. This can be fixed. i sent you a private message
more...
zoooom
10-26 10:27 AM
Thanks!!!...She is infact leaving this weekend.. I hope she wont have any problems while coming back. Another question..What happens if the employer withdraws the H1b while she is in India...?If she leaves now can she get her H4 stamped even if the H1b is not withdrawn?
paskal
06-24 10:00 PM
i think you mean I-864
correct me if i'm wrong but we do not need to file this form, read the instructions on this link on who needs to file this form, an EB petitioner is not mentioned anywhere i can find:
http://www.uscis.gov/files/form/I-864.pdf
I-485 instructions are very clear on who needs the I-865 form.
the documentary needs are very simple, in fact, the form is so damn simple i'm wondering why i'm paying sooooo much to my attorney.
NO tax forms are needed per my reading, check for yourself.
http://www.uscis.gov/files/form/i-485.pdf
correct me if i'm wrong but we do not need to file this form, read the instructions on this link on who needs to file this form, an EB petitioner is not mentioned anywhere i can find:
http://www.uscis.gov/files/form/I-864.pdf
I-485 instructions are very clear on who needs the I-865 form.
the documentary needs are very simple, in fact, the form is so damn simple i'm wondering why i'm paying sooooo much to my attorney.
NO tax forms are needed per my reading, check for yourself.
http://www.uscis.gov/files/form/i-485.pdf
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cinqsit
09-15 10:57 PM
This kind of happened to me. Got the AP approval email then after 4 days got EAD approval email. Got EAD card in the mail a week after that.
And surprisingly got AP in mail a whole week after that. Looking at the AP
envelope it was postmarked after the EAD card was actually put in mail.
So it might be that your AP is on its way. But 30 days sounds a lot of
time. I would try and talk to the customer service and open a SR.
cinqsit
And surprisingly got AP in mail a whole week after that. Looking at the AP
envelope it was postmarked after the EAD card was actually put in mail.
So it might be that your AP is on its way. But 30 days sounds a lot of
time. I would try and talk to the customer service and open a SR.
cinqsit
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kiran_k02
01-17 02:53 AM
I got my Visa documents on 15th Jan to Hyderabad, they stamped my visa on 13th Jan. Fortunately I didn't have to wait for long for PIMS update.
FYI: I did not call embassy prior to my interview.
FYI: I did not call embassy prior to my interview.
more...
sk2006
03-01 05:21 PM
Friends,
I have Canada PR since October 2006. In October this year I will complete 3 years since landing in Canada. The rule to maintain PR is that one should live in Canada for at least 2 years in a 5 year period. Since I have not lived in Canada more that a couple of weeks since landing, will I be allowed to move to Canada after completing 3 years outside Canada or will I be sent back from the border? Has anyone moved to Canada after living outside for more than 3 years since landing? Please advise.
Thanks.
Sometime back when I inquired the same, I was told that canada is lenient about this rule and there were instances when people were allowed to come even after staying more than 3 years outside canada but then recently somebody told me that they are becoming more strict now.
I have Canada PR since October 2006. In October this year I will complete 3 years since landing in Canada. The rule to maintain PR is that one should live in Canada for at least 2 years in a 5 year period. Since I have not lived in Canada more that a couple of weeks since landing, will I be allowed to move to Canada after completing 3 years outside Canada or will I be sent back from the border? Has anyone moved to Canada after living outside for more than 3 years since landing? Please advise.
Thanks.
Sometime back when I inquired the same, I was told that canada is lenient about this rule and there were instances when people were allowed to come even after staying more than 3 years outside canada but then recently somebody told me that they are becoming more strict now.
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sa.node
02-15 09:01 PM
All
I believe there are many physicians who are facing this question regarding H1b visa status. I hope this thread will help many resident physicians.
I am in final year of residency, on H1b visa (cap-exempt). I am looking for jobs and most of the H1b sponsoring employers are being subjected to cap (apparently due to stricter USCIS rules). If I fall in "under cap" category I will be able to start from Oct 1 2011. This creates problem for most resident physicians as they finish training at the end of June (as this is when their H1b expires).
So my questions is (with possible solutions that I have gathered so far, please advise me if these are true)...
Q. 1 What will I do from the end of my residency (i.e. July) till I start next job (i.e. Oct)?
OPTION 1: Request current residency program to extend your residency status by giving you full/part time Chief-resident/research fellow or similar type of status. but using this way means your training license will have to be extended as well.
Does that mean a new H1b application will need to be filed (which may be quite expensive for 3 months of stay, considering attorney fee, premium processing fee etc)?
OPTION 2: Ask your future employer (cap subject) to show your starting date few days before your current H1b expiration date. This way your future employment will NOT fall in the cap-category. I gathered it from somewhere on this website though I doubt it will work.
Source- http://immigrationvoice.org/forum/attachments/forum6-non-immigrant-visas/382d1292767900-portability-of-cap-exempt-h1b-to-cap-subjected-h1b-uscis-memo-on-cap-exempt-to-cap-subject-2.pdf
OPTION 3: If you already have multiple entry visitors visa (B2) you may change visa status to B2. So when your H1b expires B2 kicks in. That way you can legally stay in the US (and sit for ABIM board exam). Havnt found any document to support if it is allowed and how easy this switch is. Heard from "friend of friend".
OPTION 4: Go back to your home country for 3 months and come back before starting job. question is if this will cause any problem in coming back or any other legal issue.
OPTION 5: If you have applied for ABIM board you may be allowed to stay till your board (mid-August). Though I have heard its true only for J1 holders. If it does work for H1 holders how does this process work?
Thanks a lot in advance.
;)
I believe there are many physicians who are facing this question regarding H1b visa status. I hope this thread will help many resident physicians.
I am in final year of residency, on H1b visa (cap-exempt). I am looking for jobs and most of the H1b sponsoring employers are being subjected to cap (apparently due to stricter USCIS rules). If I fall in "under cap" category I will be able to start from Oct 1 2011. This creates problem for most resident physicians as they finish training at the end of June (as this is when their H1b expires).
So my questions is (with possible solutions that I have gathered so far, please advise me if these are true)...
Q. 1 What will I do from the end of my residency (i.e. July) till I start next job (i.e. Oct)?
OPTION 1: Request current residency program to extend your residency status by giving you full/part time Chief-resident/research fellow or similar type of status. but using this way means your training license will have to be extended as well.
Does that mean a new H1b application will need to be filed (which may be quite expensive for 3 months of stay, considering attorney fee, premium processing fee etc)?
OPTION 2: Ask your future employer (cap subject) to show your starting date few days before your current H1b expiration date. This way your future employment will NOT fall in the cap-category. I gathered it from somewhere on this website though I doubt it will work.
Source- http://immigrationvoice.org/forum/attachments/forum6-non-immigrant-visas/382d1292767900-portability-of-cap-exempt-h1b-to-cap-subjected-h1b-uscis-memo-on-cap-exempt-to-cap-subject-2.pdf
OPTION 3: If you already have multiple entry visitors visa (B2) you may change visa status to B2. So when your H1b expires B2 kicks in. That way you can legally stay in the US (and sit for ABIM board exam). Havnt found any document to support if it is allowed and how easy this switch is. Heard from "friend of friend".
OPTION 4: Go back to your home country for 3 months and come back before starting job. question is if this will cause any problem in coming back or any other legal issue.
OPTION 5: If you have applied for ABIM board you may be allowed to stay till your board (mid-August). Though I have heard its true only for J1 holders. If it does work for H1 holders how does this process work?
Thanks a lot in advance.
;)
more...
Caliber
05-08 11:47 AM
Did they issue your EAD from the time the previous one expired or from the current date. If current date, you'd have lost about 3 months or validity.
Some people I know got EADs from the next day following the expiration of their current EAD. I however got from approval date. Its all so inconsistent.
Next day from the expiration of present EAD
Some people I know got EADs from the next day following the expiration of their current EAD. I however got from approval date. Its all so inconsistent.
Next day from the expiration of present EAD
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meridiani.planum
04-22 07:58 PM
You time on EAD will also be counted unless the H1 is cancelled when you start using the EAD.
Here is a situation....
Assuming you are on H1 and have completed 2 years.. And would like to use your EAD.. After using your EAD for one year if you want to come back to H1 - it is possible. - If your employer has cancelled your H1 when you started using the EAD you will have remaining 4 years.. But if he has not cancelled then your time on H1 will continue to be counted along with EAD and you will have only 3 years remaining on the H1.
nope. your H1 status clock automatically ends when you change to EAD. It does not matter if your H1 is officially revoked by the employer.
Here is a situation....
Assuming you are on H1 and have completed 2 years.. And would like to use your EAD.. After using your EAD for one year if you want to come back to H1 - it is possible. - If your employer has cancelled your H1 when you started using the EAD you will have remaining 4 years.. But if he has not cancelled then your time on H1 will continue to be counted along with EAD and you will have only 3 years remaining on the H1.
nope. your H1 status clock automatically ends when you change to EAD. It does not matter if your H1 is officially revoked by the employer.
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thesparky007
04-25 07:25 PM
thanks
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gc_on_demand
03-19 11:52 AM
I came in USA on H1 visa and continued in that status till 2008 (six years). Company A sponsored a green card for me in 2003 for a position different than the one on my H1B based on future employment opportunity/position. My I-140 was approved in early 2007 and after applying for my I-485, I got my EAD and AP in August 2007. However since I was working on H1B with another company at that time, which was valid till June 2008, I did not use my EAD and worked till my H1B lasted. As my H1B expired, my status while living in US as per my lawyer changed to AOS pending.
I took a couple of months off and visited India. Came back to US without a problem using my AP. Looked to start a business but did not succeed due to economic condition. I still maintained an honest intent to join the sponsoring employer when I get my GC and vice- versa with regard to the sponsoring employer. To earn living therefore, I joined another company for a couple months in a similar field using my EAD but did not use AC21 (as a full time primary job). That job did not last long and now I am again looking for employment opportunity.
I visited my lawyer recently with current situation and a few questions and he said I can be in deep trouble - being unemployed mostly since leaving my H1B status and having worked for another company for those few weeks in a job capacity that was a bit different than the one on my petition. He said I could be deported too if my luck is bad in this case. I request you to advise me whether what happened was really wrong and if I can correct it anyway? As corrective measure, my lawyer says that with immediate effect either I should join the green card sponsoring employer or find another employer with similar job offer (willing to port my Green card) - to avoid hard quuestions with USCIS. In this economy, nobody wants to take extra burden. But I spoke with my GC sponsor. He said the job is there for me like before and he is willing to write a letter of intent to hire me on permanent basis currently or in future if required to whosoever concerned but would prefer to wait a few months giving the crunch in business these days.
WHAT SHOULD I DO? Would the letter suffice the honest intent on both sides regarding the employment offer? Can I afford to take a little more time find a simmilar job? PLEASE SUGGEST.
if you want help update profile first
I took a couple of months off and visited India. Came back to US without a problem using my AP. Looked to start a business but did not succeed due to economic condition. I still maintained an honest intent to join the sponsoring employer when I get my GC and vice- versa with regard to the sponsoring employer. To earn living therefore, I joined another company for a couple months in a similar field using my EAD but did not use AC21 (as a full time primary job). That job did not last long and now I am again looking for employment opportunity.
I visited my lawyer recently with current situation and a few questions and he said I can be in deep trouble - being unemployed mostly since leaving my H1B status and having worked for another company for those few weeks in a job capacity that was a bit different than the one on my petition. He said I could be deported too if my luck is bad in this case. I request you to advise me whether what happened was really wrong and if I can correct it anyway? As corrective measure, my lawyer says that with immediate effect either I should join the green card sponsoring employer or find another employer with similar job offer (willing to port my Green card) - to avoid hard quuestions with USCIS. In this economy, nobody wants to take extra burden. But I spoke with my GC sponsor. He said the job is there for me like before and he is willing to write a letter of intent to hire me on permanent basis currently or in future if required to whosoever concerned but would prefer to wait a few months giving the crunch in business these days.
WHAT SHOULD I DO? Would the letter suffice the honest intent on both sides regarding the employment offer? Can I afford to take a little more time find a simmilar job? PLEASE SUGGEST.
if you want help update profile first
more...
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naveenpratapsingh
08-17 05:57 PM
Hi Prem,
Thank you very much for the insight of my issue. Just want to inform you that my employer(who intitiated the transfer now) are the employer and the client for me. Hopefully I might not get any RFE and as you said if I get the reciept number after 14 or 15 calendar days and update the result of petition in a week or so, that would be great.
Once again thank you very much for your reply. I will keep posted about my status.
-Matt
Did you get the approval or receipt?
Thank you very much for the insight of my issue. Just want to inform you that my employer(who intitiated the transfer now) are the employer and the client for me. Hopefully I might not get any RFE and as you said if I get the reciept number after 14 or 15 calendar days and update the result of petition in a week or so, that would be great.
Once again thank you very much for your reply. I will keep posted about my status.
-Matt
Did you get the approval or receipt?
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JunRN
07-16 11:43 PM
LC filing- No
I-140 filing and onwards- Yes
Thanks!!! This is what I know as well. Anyway, different lawyers have different advise. I just need to confirm some information that I got from my lawyer.
I-140 filing and onwards- Yes
Thanks!!! This is what I know as well. Anyway, different lawyers have different advise. I just need to confirm some information that I got from my lawyer.
more...
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svn
05-10 05:34 PM
Thanks for your reply Eternal_hope! Unfortunately, "Other" is not an option listed. At this stage, I am not really counting on things working out here - have already started making plans to R2I (which is why I am looking to open a IRA account that can be managed online). It's been a long wait and quite frankly, I am tired of living in a constant state of uncertainty, even though I will definitely miss certain aspects of life in USA having been here for almost twelve years now...
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dpp
06-04 02:10 PM
but in this case the H1b stamp on my passport is still valid and not expired.
i am entering on nov 11th. stamp expires on december 1. why i am worried is just because the stamp is still of old employer whereas 797 is of new employer.
port of entry may ask me why didnt i get the stamp again when it is just expiring after 20 days ?? U know....
There will be no issue in entering US as you got the visa stamp till Dec 1st 2007.
Visa stamp is just to allow a person to enter US. They don't care whether it is with current employer or old employer. They just need valid visa stamp and latest I-797 approval notice of same classification. I.e. if you have H1B visa stamp and you need to have only H1B approval notice. You cannot have B1 visa stamp and use H1B approval notice.
There will be no issue. As a precaution, carry all original old approval notices also.
They will give I-94 with the end date there on latest approval. Thats for sure. But just check what date he/she is putting on I-94.
Good luck.
i am entering on nov 11th. stamp expires on december 1. why i am worried is just because the stamp is still of old employer whereas 797 is of new employer.
port of entry may ask me why didnt i get the stamp again when it is just expiring after 20 days ?? U know....
There will be no issue in entering US as you got the visa stamp till Dec 1st 2007.
Visa stamp is just to allow a person to enter US. They don't care whether it is with current employer or old employer. They just need valid visa stamp and latest I-797 approval notice of same classification. I.e. if you have H1B visa stamp and you need to have only H1B approval notice. You cannot have B1 visa stamp and use H1B approval notice.
There will be no issue. As a precaution, carry all original old approval notices also.
They will give I-94 with the end date there on latest approval. Thats for sure. But just check what date he/she is putting on I-94.
Good luck.
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abd
08-24 11:28 AM
Name: ABD
City/State: NJ
Question: My Company applied RIR EB3 labor for me in June 2004. It is stuck in backlog at PBEC. Meanwhile my company also filed new EB2 PERM (Without using old priority date) in March2006. This got approved and I-140 has been filed for it. Is it possible for me to use the priority date of June 2004 for EB2 case? Assuming the backlog labor gets approved.
Thanks in advance.
City/State: NJ
Question: My Company applied RIR EB3 labor for me in June 2004. It is stuck in backlog at PBEC. Meanwhile my company also filed new EB2 PERM (Without using old priority date) in March2006. This got approved and I-140 has been filed for it. Is it possible for me to use the priority date of June 2004 for EB2 case? Assuming the backlog labor gets approved.
Thanks in advance.
rotucan
12-17 09:43 AM
I have good comments from Zhang Office
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I have my case with Tindall & Foster...:( I do not recommend them
good luck
http://www.hooyou.com/index.html
I have my case with Tindall & Foster...:( I do not recommend them
good luck
octoberbloom
01-11 06:59 PM
We are seeing several of these kind of posts these days. Many people come up with questions for using AC21.
Joining an employer is not a overnight decision.
You should wait with patience before taking these kind of decisions.
It might ruin your whole GC process.
Every single creature in this world cries and fights for its freedom.
But, dont think of using AC21 unless you dont have an option to use it or in a situation of getting fired.
Whole GC process is a test for patience. And we all can wih this GC one day.
Joining an employer is not a overnight decision.
You should wait with patience before taking these kind of decisions.
It might ruin your whole GC process.
Every single creature in this world cries and fights for its freedom.
But, dont think of using AC21 unless you dont have an option to use it or in a situation of getting fired.
Whole GC process is a test for patience. And we all can wih this GC one day.
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