nixone
05-10 09:58 PM
I would like to know the answer too, but my research tells me that only in few cases, you can use I-140 premium processing. In my case, I am not able to use it as my H1B started on Oct 07 (it is not expiring anytime soon).
More can be found here: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ebaf0c594dafd010VgnVCM1000000ecd190aRCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD
More can be found here: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ebaf0c594dafd010VgnVCM1000000ecd190aRCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD
rb_248
09-10 09:06 AM
Category India Most Other Countries
E1 Current Current
E2 1 April 2003 Current
E3 1 July 2001 1 January 2005
E1 Current Current
E2 1 April 2003 Current
E3 1 July 2001 1 January 2005
Refugee_New
08-02 02:39 PM
Dude/Dudet...
It's better for you if you fill form 7001 with ombudsman office and get going...It's insane...:eek:
is there any limitation in sending DHS 7001 to ombudsman?
Because i already sent this form twice and no response so far. Should i send it third time?
It's better for you if you fill form 7001 with ombudsman office and get going...It's insane...:eek:
is there any limitation in sending DHS 7001 to ombudsman?
Because i already sent this form twice and no response so far. Should i send it third time?
sriharirag
07-16 09:57 AM
In the article. It also says that
"
It isn't clear, however, whether the immigration agency will now accept all applications and process them later, accept only those that have arrived, or come up with some other approach."
So, we don't know...
"
It isn't clear, however, whether the immigration agency will now accept all applications and process them later, accept only those that have arrived, or come up with some other approach."
So, we don't know...
more...
kondur_007
08-16 06:29 PM
Hello everyone -
I am planning to change my job and would like to seek some advice. I already used AC21 once without informing USCIS, and now would like to do it again. I would like to seek advice on couple of issues:
1. I would like to do this without informing USCIS and worry about a response if and and when I get RFE. However, new employer has E-Verify system. Would them checking my eligibility to work through E-verify make it certain that I would get an RFE for employment verification?? In other words, E-Verify tells USCIS that one has changed employment? or E-verify and 485 have no connection?
2. My new job is in the same engineering field; however, there is still a big difference in salary owing to additional managerial duties. Labor was done based on technical responsibilities in engineering field, new job involved technical as well as business responsibilities in the same field. With years going by, I am taking on more and more project/division management experience and that is what the new position would entail.
Original title - Transportation Analyst/Engineer with 55K as salary
New Title - Director of Transportation Systems and Services Engineering with 135K as salary
Based on my research, the job needs to be in the same occupational classification. The original SOC code is 17-2051 - Civil Engineer. The new SOC could be same 17-2051 or could be classified as 11-9140 Architectural and Engineering Managers owing to managerial duties. However, the new job also has technical aspect to it since I will be responsible for sound technical design for the product/services we will prepare.
Can you guys please give your thoughs on these two issues. Thank you in advance for your time and help.
best,
I am not a lawyer, but to the best of my knowledge I can answer as follows:
1. As far as I know, E-verify does not speak with I485 system. Even if it does, it should not be a big deal as you can always reply to the RFE about EVL.
2. Similarity of jobs is a major issue in your case. This needs to be very very carefully evaluated by a good lawyer, as to me (and I am not a lawyer) these two jobs sound totally different. There is a major salary difference that will need to be justified as well. If I were to be you, I will definitely have it evaluated by a good lawyer before making the switch as this can potentially put the entire GC process at risk.
Good Luck.
I am planning to change my job and would like to seek some advice. I already used AC21 once without informing USCIS, and now would like to do it again. I would like to seek advice on couple of issues:
1. I would like to do this without informing USCIS and worry about a response if and and when I get RFE. However, new employer has E-Verify system. Would them checking my eligibility to work through E-verify make it certain that I would get an RFE for employment verification?? In other words, E-Verify tells USCIS that one has changed employment? or E-verify and 485 have no connection?
2. My new job is in the same engineering field; however, there is still a big difference in salary owing to additional managerial duties. Labor was done based on technical responsibilities in engineering field, new job involved technical as well as business responsibilities in the same field. With years going by, I am taking on more and more project/division management experience and that is what the new position would entail.
Original title - Transportation Analyst/Engineer with 55K as salary
New Title - Director of Transportation Systems and Services Engineering with 135K as salary
Based on my research, the job needs to be in the same occupational classification. The original SOC code is 17-2051 - Civil Engineer. The new SOC could be same 17-2051 or could be classified as 11-9140 Architectural and Engineering Managers owing to managerial duties. However, the new job also has technical aspect to it since I will be responsible for sound technical design for the product/services we will prepare.
Can you guys please give your thoughs on these two issues. Thank you in advance for your time and help.
best,
I am not a lawyer, but to the best of my knowledge I can answer as follows:
1. As far as I know, E-verify does not speak with I485 system. Even if it does, it should not be a big deal as you can always reply to the RFE about EVL.
2. Similarity of jobs is a major issue in your case. This needs to be very very carefully evaluated by a good lawyer, as to me (and I am not a lawyer) these two jobs sound totally different. There is a major salary difference that will need to be justified as well. If I were to be you, I will definitely have it evaluated by a good lawyer before making the switch as this can potentially put the entire GC process at risk.
Good Luck.
Suva
07-18 03:58 PM
Can I join new company on my EAD after 180 days of I485 receipt date?? Yes you can join new company using your EAD after 180 days.
One quick question:
What is AC21 provision: is this a clause or any other application or ???? This is a clause.
These are my opinion. It is better to consult with your lawyer.
Can I join new company on my EAD after 180 days of I485 receipt date??
One quick question:
What is AC21 provision: is this a clause or any other application or ????
One quick question:
What is AC21 provision: is this a clause or any other application or ???? This is a clause.
These are my opinion. It is better to consult with your lawyer.
Can I join new company on my EAD after 180 days of I485 receipt date??
One quick question:
What is AC21 provision: is this a clause or any other application or ????
more...
simple1
10-12 03:26 AM
Troll Alert. Avoid sympathising every one on the forum. Anti immigrants create fake stories for their media bosses.
GC_1000Watt
10-12 04:38 PM
You can take upto 6 months of paystubs with you for the stamping. Since you are carrying yiour W2's as well, they very well reflect your past earnings.
6 months? Boss only 2 recent paystubs are required.
@itsmesabby : Its because of people like you, USCIS is asking for unneccesary XYZ documents for the extension or 485 processes nowadays. Because you are providing more than required documentation.
Think before you suggest something.
6 months? Boss only 2 recent paystubs are required.
@itsmesabby : Its because of people like you, USCIS is asking for unneccesary XYZ documents for the extension or 485 processes nowadays. Because you are providing more than required documentation.
Think before you suggest something.
more...
piyu7444
04-10 03:34 PM
The option you suggested is best I know but what if I can not do so. (Option of going to canada and then taking up new job on EAD)
Any other options.........?
I know one can do a re instatment of h1b as long as the h1b is VALID. For example if an applicant's h1b expires in SEP 2011 and he/she joins a co. on EAD today 10th April 2008 but then gets fired on April 15 2009 or his/her GC is denied for w/e reason then he/she can go file for reinstatment of h1b but will have to leave USA and get stamping of h1b from Canda/mexico/home country........
Any other options.........?
I know one can do a re instatment of h1b as long as the h1b is VALID. For example if an applicant's h1b expires in SEP 2011 and he/she joins a co. on EAD today 10th April 2008 but then gets fired on April 15 2009 or his/her GC is denied for w/e reason then he/she can go file for reinstatment of h1b but will have to leave USA and get stamping of h1b from Canda/mexico/home country........
jugunu64
01-12 04:02 PM
Hello All,
I am on 7th year of my H1 and my I-140 is pending. Since my current H1 is about to expire, I need to file for my 8th year of H1 extension. Do you think there could be some problem in getting my 8th year extension since my labor is approved and I-140 is pending. The way I interpreted the extension rule is that you can only get the extension if your labor is pending for more than 1 year but in my case my labor is approved and I-140 is pending.And I cannot wait for I-140 approval since my current H1 is about to expire.
Please advise.
Thanks
Please find attached herewith a memo from USCIS that answers your question. Not sure if the attachment upload worked but here is the link just in case...
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Since you are already on your eight yr H1 extn obviously you Labor certification is more than one year old (based on which you received your 7th yr extn).
When does your current I-129 expire? The reason I ask is that if you have some time you can convert your pending I-140 to premium processing and get it turned around in 15 days (provided there is no problem with your company financial statement ). Once you have an approved I-140 you can then request 3 year H1 extn.
As your case stands right now (approved labor & pending I-140) my read is that you are eligible for 1 year extn. The $1000 spent on I-140 premium processing with definitely pay dividends with a 3 Year H1 extn.
Hope I answered your question....
I am on 7th year of my H1 and my I-140 is pending. Since my current H1 is about to expire, I need to file for my 8th year of H1 extension. Do you think there could be some problem in getting my 8th year extension since my labor is approved and I-140 is pending. The way I interpreted the extension rule is that you can only get the extension if your labor is pending for more than 1 year but in my case my labor is approved and I-140 is pending.And I cannot wait for I-140 approval since my current H1 is about to expire.
Please advise.
Thanks
Please find attached herewith a memo from USCIS that answers your question. Not sure if the attachment upload worked but here is the link just in case...
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Since you are already on your eight yr H1 extn obviously you Labor certification is more than one year old (based on which you received your 7th yr extn).
When does your current I-129 expire? The reason I ask is that if you have some time you can convert your pending I-140 to premium processing and get it turned around in 15 days (provided there is no problem with your company financial statement ). Once you have an approved I-140 you can then request 3 year H1 extn.
As your case stands right now (approved labor & pending I-140) my read is that you are eligible for 1 year extn. The $1000 spent on I-140 premium processing with definitely pay dividends with a 3 Year H1 extn.
Hope I answered your question....
more...
little_willy
05-02 01:51 PM
YES. You can. I know atleast 2 of my colleagues doing this. They got 3-year extension with new employer even when more than 6 months are left in the initial 6 years of H1. This won't be an issue.
What if 6 months are left before my 6 years of H1B expires? Can I still get 3 years extension based on approved I-140 from another company?
What if 6 months are left before my 6 years of H1B expires? Can I still get 3 years extension based on approved I-140 from another company?
DallasBlue
06-24 12:30 AM
Sorry to hear that !!
Medical records are initial evidence. what it means is, that you must submit the medical records with the 485.
If you can attach some report from doc saying that it is curable or is of less percentage and blah blah blah .... as said earlier you can send in the clear report later.
hope you get out of this soon!!!
Just seek legal opinion and second medical opinion too.
Medical records are initial evidence. what it means is, that you must submit the medical records with the 485.
If you can attach some report from doc saying that it is curable or is of less percentage and blah blah blah .... as said earlier you can send in the clear report later.
hope you get out of this soon!!!
Just seek legal opinion and second medical opinion too.
more...
panky72
06-19 03:43 PM
As far as I know, NO he cannot.
That's correct. I clarified it with my attorney in past. Primary applicant has to maintain H-1 status to support H-4 for the spouse and he cannot use EAD to work.
That's correct. I clarified it with my attorney in past. Primary applicant has to maintain H-1 status to support H-4 for the spouse and he cannot use EAD to work.
reddog
11-18 08:42 PM
To be totally at peace, you can send an invitation letter and ask them to carry a printout of the letter.
more...
eb3_nepa
07-18 09:10 AM
Guys,
IV has FINALLY gotten most of us Through the door. Now we have a 20,000 membership. If everyone of us contributes $10 per month that is $200,000 a month. If we cannot even contribute $10 PER MONTH, that is really really cheap of us.
Guys IV has done its job, now to ensure that we get to the finish line FAST, we need to dig into our pockets and not even very deep!
Common people It is $10 a MONTH
IV has FINALLY gotten most of us Through the door. Now we have a 20,000 membership. If everyone of us contributes $10 per month that is $200,000 a month. If we cannot even contribute $10 PER MONTH, that is really really cheap of us.
Guys IV has done its job, now to ensure that we get to the finish line FAST, we need to dig into our pockets and not even very deep!
Common people It is $10 a MONTH
nkavjs
09-25 02:12 PM
me 2
more...
crystal
07-07 10:34 PM
We already have two threads running on top for this . So more ppl can be informed... Its not spamming.. ;)
gcdreamer05
08-18 10:03 AM
hi tx1 thanks for your reply.
But if we do a E-File and if we select where was your 485 filed and pending as nebraska then it generates a LIN recipient notice number which is nebraska. (even if you live in a state for Texas)
This is why it caused confusion for me. (even after reading 485 instructions)
Also i read IV forums and saw attorneys recommend filing to the 485 pending center.
So that is why i posted this question to the attorneys.
But if we do a E-File and if we select where was your 485 filed and pending as nebraska then it generates a LIN recipient notice number which is nebraska. (even if you live in a state for Texas)
This is why it caused confusion for me. (even after reading 485 instructions)
Also i read IV forums and saw attorneys recommend filing to the 485 pending center.
So that is why i posted this question to the attorneys.
LostInGCProcess
11-05 04:39 PM
In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
The above statement is correct. If i485 is denied while you are on H1, you won't be out-of-status. You are still on H1 status. H1 status and AOS status are two different categories. And you cannot be on both the status simultaneously.
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
As I told earlier, if you maintain H1 status, you continue to be on H1 status, regardless of the denial of I-485.
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
H1b category is "Dual intent" meaning an H1B holder can have legal immigration intent (apply for and obtain the green card) while still a holder of the visa. Also, you must not withhold any information from the visa application, which could potentially lead to denial of the visa.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
The above statement is correct. If i485 is denied while you are on H1, you won't be out-of-status. You are still on H1 status. H1 status and AOS status are two different categories. And you cannot be on both the status simultaneously.
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
As I told earlier, if you maintain H1 status, you continue to be on H1 status, regardless of the denial of I-485.
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
H1b category is "Dual intent" meaning an H1B holder can have legal immigration intent (apply for and obtain the green card) while still a holder of the visa. Also, you must not withhold any information from the visa application, which could potentially lead to denial of the visa.
upuaut
09-20 03:05 AM
forgot.. another nice feature of Painter 6.0 at least and I assume of 7.0. It will use any Photoshop plugins. Likewise it will import and export to Photoshop's psd format. I really believe that the programs are both good and are fated to be used together.
for instance.. the magic wand tool in painter does not even come close to the one in Photoshop.
for instance.. the magic wand tool in painter does not even come close to the one in Photoshop.
nozerd
02-01 12:59 PM
At POE they will ask you for an address for the PR card. Normally at land border they are strict and wont take a friends address etc. At airport they tend to be easier on you in accepting any address.
You dont need to do anything else. You may apply for a SIN number (Canada equivalent for an SSN) so that in the future if and when you do move there you can start working from day 1 because YOU WILL need SIN to work in Canada.
Many also start a bank account to show ties. You can do this depending on how much chance you think there is if you move there in the next 3 yrs before you loose your PR status.
You dont need to do anything else. You may apply for a SIN number (Canada equivalent for an SSN) so that in the future if and when you do move there you can start working from day 1 because YOU WILL need SIN to work in Canada.
Many also start a bank account to show ties. You can do this depending on how much chance you think there is if you move there in the next 3 yrs before you loose your PR status.
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