sgupta33
08-29 11:54 AM
Thank you to everyone who responded to my questions. Very helpful!
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casinoroyale
01-31 02:18 PM
Ok, this is a tough'ie.
You might be ok, but let me explain. There 2 rules that play-in in this scenario. One is " last action ", the other is " effectve date of your new I-797 ". If the start/effective date of your new I-797 is later than your last action i.e your entry in the USA, then technically your new I-94 which you got from your new I-797 will kick-in from its effective date making your stay in USA legal till its end. Now, if the start/effective date of your new I-797 started before you entered USA using your OLD I-797 (concequently got short I-94 validity) that will control your legal stay period ( as per last action rule ).
That being said, this is very tricky situation, though arguably valid as per different memo's of USCIS. So it is in your best interest, either to go with this interpretation and do nothing if the first case that i explained above is true or play safe and go out of country and enter back US using your new I-797.
Consult a lawyer before you take any step.
Thanks.
You might be ok, but let me explain. There 2 rules that play-in in this scenario. One is " last action ", the other is " effectve date of your new I-797 ". If the start/effective date of your new I-797 is later than your last action i.e your entry in the USA, then technically your new I-94 which you got from your new I-797 will kick-in from its effective date making your stay in USA legal till its end. Now, if the start/effective date of your new I-797 started before you entered USA using your OLD I-797 (concequently got short I-94 validity) that will control your legal stay period ( as per last action rule ).
That being said, this is very tricky situation, though arguably valid as per different memo's of USCIS. So it is in your best interest, either to go with this interpretation and do nothing if the first case that i explained above is true or play safe and go out of country and enter back US using your new I-797.
Consult a lawyer before you take any step.
Thanks.
goel_ar
12-17 04:46 PM
Please keep this thread handy... For my wife, we went through hell due to super coordination between, immigration & social security office.
http://immigrationvoice.org/forum/forum6-non-immigrant-visas/22458-h4-to-h1-no-ssn-yet-7-weeks.html
http://immigrationvoice.org/forum/forum6-non-immigrant-visas/22458-h4-to-h1-no-ssn-yet-7-weeks.html
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alkg
10-25 07:22 PM
Mine 485,131,765 receipt nos# also starting with SRC08008XXXXX and it's not showing online status.
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ultimate_champ
11-27 07:04 AM
Hello,
My I485 was filed at TX center. However it was transferred to VSC for data entry and they generated the receipt number.
Receipt date = 03-Aug-2007
Notice Date = 12-Oct-2007
On 20-Oct, VSC then transferred the case back to TSC and generated a transfer notice with date of 20-Oct-2007
For the AC21/180 day I always thought that the counting would start in my case from 03-Aug. However my company lawyer says that it will start from 20-Oct and I am at a complete loss on this..
Is it really true.
This is really urgent since I stand to lose out big time on an excellent job offer.
What are my options here - Is there any documentation that I can show to him that I am correct (If I am).
Thanks.
My I485 was filed at TX center. However it was transferred to VSC for data entry and they generated the receipt number.
Receipt date = 03-Aug-2007
Notice Date = 12-Oct-2007
On 20-Oct, VSC then transferred the case back to TSC and generated a transfer notice with date of 20-Oct-2007
For the AC21/180 day I always thought that the counting would start in my case from 03-Aug. However my company lawyer says that it will start from 20-Oct and I am at a complete loss on this..
Is it really true.
This is really urgent since I stand to lose out big time on an excellent job offer.
What are my options here - Is there any documentation that I can show to him that I am correct (If I am).
Thanks.
ssdtm
05-07 08:06 PM
If your original 140, on the basis of which you filed 485, gets revoked you are in trouble. You may get denial notice that you will have to contest. Needless to say, you have a good ground if you can prove it that job change was in synch with norms / rules laid out in AC21.
But if you are sure that your original employer is not going to revoke 140, you are better off not to inform.
......this is based on consultation from top lawyers.
But if you are sure that your original employer is not going to revoke 140, you are better off not to inform.
......this is based on consultation from top lawyers.
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skd
08-11 11:20 AM
Here you go!
I have Sept 2004 date , I can not vote in both Polls
I have Sept 2004 date , I can not vote in both Polls
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sathish_gopalan
07-19 12:27 AM
I am on EAD currently. Priority date is Nov 2004 (EB3).
I just switched to a new employer using AC21. Can I file for my EB2 and then interfile AOS ?.
I understand that we need to file new Labor and I140. What happens at I485 ?. Do we need to revoke the current I485 and then apply for a new one. What will be status at that point and what will happen to the EAD ?.
Please point me to any thread if this has already been discussed.
I just switched to a new employer using AC21. Can I file for my EB2 and then interfile AOS ?.
I understand that we need to file new Labor and I140. What happens at I485 ?. Do we need to revoke the current I485 and then apply for a new one. What will be status at that point and what will happen to the EAD ?.
Please point me to any thread if this has already been discussed.
more...
sid_das
04-21 06:34 PM
hey starscream
- What was the RFE about?
In the RFE they asked for end client letter, w2 , tax retrns for last 3 years and a bunch of stuff from my company. All the necessary documents were provided. In the denial they said that all documents were in order but that they didnt prove my specialty occupation.
- Are you employed by a consultant or employed full-time at a company's location?
I am employed by a desi consulting company.. and i have been in a job continously since jan 2006
- Did your employer have any profit isseus / layoffs reecently?
No
- Is your employer TARP funded?
No
- Do you have your EAD?
No , i just completed 3 years of H1. i was planning to become fulltime and start GC before the economy went downhill.
Do you have any info if i can appeal and file another h1 thru another employer at the same time? because i do have a project that is long term...
its driving me crazy....:(
- What was the RFE about?
In the RFE they asked for end client letter, w2 , tax retrns for last 3 years and a bunch of stuff from my company. All the necessary documents were provided. In the denial they said that all documents were in order but that they didnt prove my specialty occupation.
- Are you employed by a consultant or employed full-time at a company's location?
I am employed by a desi consulting company.. and i have been in a job continously since jan 2006
- Did your employer have any profit isseus / layoffs reecently?
No
- Is your employer TARP funded?
No
- Do you have your EAD?
No , i just completed 3 years of H1. i was planning to become fulltime and start GC before the economy went downhill.
Do you have any info if i can appeal and file another h1 thru another employer at the same time? because i do have a project that is long term...
its driving me crazy....:(
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gsc999
06-13 02:30 PM
Americans want immigrants like yourself who follow the rules and contribute to American society; it is our valued tradition. What we don't want is illegals walking all over our laws. The illegals hurt lawfull immigrants. I married an immigrant who followed the rules, she's very bitter over the way this country is pandering to the Hispanic Reconquista crowd. Americans don't want the amnesty, but the government is pushing for it. Legal immigrants and applicants, IMO, should stand up and be heard to fight anmesty as well.
---
Polk1848: Stop patronizing us. Your condescending attitude won't go far on this forum. Each one of IV member is a quintessential American in the making. We understand the American dream far better then many born American citizen, who think everybody else owe them something just because they were born in USA. We, on the other hand are living and moving towards the classic American dream. A good start will be to join us in our cause instead of demanding we oppose Hispanics or undocumented immigrants.
---
Polk1848: Stop patronizing us. Your condescending attitude won't go far on this forum. Each one of IV member is a quintessential American in the making. We understand the American dream far better then many born American citizen, who think everybody else owe them something just because they were born in USA. We, on the other hand are living and moving towards the classic American dream. A good start will be to join us in our cause instead of demanding we oppose Hispanics or undocumented immigrants.
more...
rockstart
02-20 07:18 PM
Unfortunately with banks looking closely at the lending practices people with temp visa's are suffering. I had the same experience when I went with my friend to Nissan dealership; The loan was only approved till validity of I 797.
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shana04
02-16 12:38 PM
Hi,
Can someone please clarify with AC21 can I take up a job Position as "IT PROJECT MANAGER 11-3021.00" whereas my EB3 Labor is filed as "Computer Programmers - 15-1021.00" ?
My I-485 is still pending past 180 days and I-140 is approved.
Thanks so much in advance for replying.
I would advice you to consult your attorney before you make this decision. Good luck
Can someone please clarify with AC21 can I take up a job Position as "IT PROJECT MANAGER 11-3021.00" whereas my EB3 Labor is filed as "Computer Programmers - 15-1021.00" ?
My I-485 is still pending past 180 days and I-140 is approved.
Thanks so much in advance for replying.
I would advice you to consult your attorney before you make this decision. Good luck
more...
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tabletpc
11-20 01:59 PM
RK, Just HDFC is fine..!!!
Also in my appointment letter the state of residense says "Tamil Nadu"...but I am from Karnataka. Nowhere in the form I did not mentioned anything about tamil nadu except that I requested the interview to be in Chennai...as that is where I need to go for stamping.
is this fine or should the state of residence be Karnataka...???
Thanks
Also in my appointment letter the state of residense says "Tamil Nadu"...but I am from Karnataka. Nowhere in the form I did not mentioned anything about tamil nadu except that I requested the interview to be in Chennai...as that is where I need to go for stamping.
is this fine or should the state of residence be Karnataka...???
Thanks
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dilbert_cal
07-10 12:00 AM
Answer inline in different color
I'm working for a big company in US since 2001. My Lc is filed in 2001 and it is still pending in BEC (phily).
Recently my company offered me LC substitution (PD of 2002). I have taken it and they filed 140. I need to show the previous experience of a skill set in 1999. I have a letter from that company for that. The problem is that company is out of business.
Questions
1)Will USCIS call that employer (employer is in a foreign country) for that experience?If so, the company is closed. What will happen? Will they reject my 140?
The chances of USCIS calling up the company are slim - havent heard of it from anyone yet. In case, they do call and find the company is closed, they might ask for additional evidence that you worked for the company - paystubs, I.T. return or anything that proves you were working there.
2)My original LC is approved (got approved yesterday)? My lawyer is telling that they will file 140 on this one also? How on earth can I habe 2 140's? When my time comes for 485, which 140 should I choose? I'm confused
Can you have more than one 140 - Absolutely yes. Can you have it from the same company - YES again. In terms of which 140 to choose - here is what I might have done if I were in your position. The substitution 140 can only be filed in normal processing. For the month of July, premium processing is not available for 140 but hopefully in Auguest, USCIS will again allow premium processing. I'd had put my own labor's 140 in premium processing.
Next, I would wait for September and as soon as the bulletin comes out - there is a very very high possibility of your 2001 date becoming current then , make sure that your 485 is filed on the very first date. Your 2001 PD is better in terms of PD if both the PDs are in the same category. Otherwise, EB2 is better than EB3 as of now.
Hope this helps you.
I'm working for a big company in US since 2001. My Lc is filed in 2001 and it is still pending in BEC (phily).
Recently my company offered me LC substitution (PD of 2002). I have taken it and they filed 140. I need to show the previous experience of a skill set in 1999. I have a letter from that company for that. The problem is that company is out of business.
Questions
1)Will USCIS call that employer (employer is in a foreign country) for that experience?If so, the company is closed. What will happen? Will they reject my 140?
The chances of USCIS calling up the company are slim - havent heard of it from anyone yet. In case, they do call and find the company is closed, they might ask for additional evidence that you worked for the company - paystubs, I.T. return or anything that proves you were working there.
2)My original LC is approved (got approved yesterday)? My lawyer is telling that they will file 140 on this one also? How on earth can I habe 2 140's? When my time comes for 485, which 140 should I choose? I'm confused
Can you have more than one 140 - Absolutely yes. Can you have it from the same company - YES again. In terms of which 140 to choose - here is what I might have done if I were in your position. The substitution 140 can only be filed in normal processing. For the month of July, premium processing is not available for 140 but hopefully in Auguest, USCIS will again allow premium processing. I'd had put my own labor's 140 in premium processing.
Next, I would wait for September and as soon as the bulletin comes out - there is a very very high possibility of your 2001 date becoming current then , make sure that your 485 is filed on the very first date. Your 2001 PD is better in terms of PD if both the PDs are in the same category. Otherwise, EB2 is better than EB3 as of now.
Hope this helps you.
more...
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PlainSpeak
02-16 03:13 PM
Hi,
My I 485 was filed on 07/12/2007 in EB2. My priority date in Feb26 2007.
I am working on EAD now, which is valid through 07/06/2012.
I have got a job offer from one of the top fortune 500 company recently. They are offering the job with a role of "Lead Technical Architect".
Following are the details from my labor:
Job Title: Programmer/ Analyst/Systems, Software/Engineer/Developer, or Related to IT
Reponsibility:
develop, create and modify general computer application software. Analysis user needs and design, develop software solutions. Design, develop, analyse and implement software and end user product. Coordinate various account projects with IT consultants; nurture close relationship with the major account customers by providing quality technical support and apply principles of computer science, engineering and mathematical analysis.
From the generic nature of the role resonsibility, I feel that the "Lead technical Architect" role will not be a misfit with the requirement of "Similar resposibility".
Can you kindly let me know if you see any violation of the EAD porting requirement in terms of similar responsibilities?
Thanks in advance.
You need to check SOC codes for both the roles and confirm
In general english an Analyst role is different than an Architect role. In any case, to use AC21 your roles should not be different by more than 50 %
My I 485 was filed on 07/12/2007 in EB2. My priority date in Feb26 2007.
I am working on EAD now, which is valid through 07/06/2012.
I have got a job offer from one of the top fortune 500 company recently. They are offering the job with a role of "Lead Technical Architect".
Following are the details from my labor:
Job Title: Programmer/ Analyst/Systems, Software/Engineer/Developer, or Related to IT
Reponsibility:
develop, create and modify general computer application software. Analysis user needs and design, develop software solutions. Design, develop, analyse and implement software and end user product. Coordinate various account projects with IT consultants; nurture close relationship with the major account customers by providing quality technical support and apply principles of computer science, engineering and mathematical analysis.
From the generic nature of the role resonsibility, I feel that the "Lead technical Architect" role will not be a misfit with the requirement of "Similar resposibility".
Can you kindly let me know if you see any violation of the EAD porting requirement in terms of similar responsibilities?
Thanks in advance.
You need to check SOC codes for both the roles and confirm
In general english an Analyst role is different than an Architect role. In any case, to use AC21 your roles should not be different by more than 50 %
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EB3_SEP04
06-30 10:35 AM
I have a question regarding where to file my EAD renewal application. I am a July filer NJ resident and my I-485/EAD/AP were sent to Nebraska and got the AP/EAD approved through Nebraska going by my LIN no. As per the (C)(9) rules it says NJ residents should file to Texas service center and somewhere else I read that my EAD renewal application should be sent to the location where my I-485 is getting processed.
Please share your experiences.
Thanks
I sent you a private message with my ph number.
Please share your experiences.
Thanks
I sent you a private message with my ph number.
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SGP
09-28 09:28 AM
You have to file PERM again also I140
Sailing in exact same boat. Surely will appreciate replies from Raj.
^
Sailing in exact same boat. Surely will appreciate replies from Raj.
^
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virtual55
05-02 04:45 PM
Guys,
Please signup for monthly recurring contribution. Now it is critical time for all IV members, so atleast contribute now and make the job easy for core members. $20 contribution monthly can make lot of difference for the core team to pay bill's for lobbying and get the job done.
for eg: $20*2000 members(we have more than 11000 members currently) = $40,000 per month
Think on it, you are contributing for your future.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44
Please signup for monthly recurring contribution. Now it is critical time for all IV members, so atleast contribute now and make the job easy for core members. $20 contribution monthly can make lot of difference for the core team to pay bill's for lobbying and get the job done.
for eg: $20*2000 members(we have more than 11000 members currently) = $40,000 per month
Think on it, you are contributing for your future.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44
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LostInGCProcess
11-12 01:58 PM
Thank You for the information. But
1) I have heard from someone that there is a statement on their website that the transit visa is required only if the stay is more than 10/20 hours.
2) Where do they check for the transit visa? is it done while boarding into the airport in US or while entering into the German airport? If they find that we don't have a transit visa in Frankfurt airport, what would they do?
Please answer to my questions, this is really needed for me to act on getting the transit visa.
If you can type a question in this forum, then, I guess, you could also do the research by yourself and let us all know about it. If you heard from 'someone', please ask him/her to send you the link and post it here. Thanks.
Most nations do not require a transit visa as long as you are remained in the Airport and changing planes to your destination. If you decide to take a break for few days, then you need a Transit visa, which you can either get prior to your travel by contacting the respective consulates or Embassies or at the transit airport.
1) I have heard from someone that there is a statement on their website that the transit visa is required only if the stay is more than 10/20 hours.
2) Where do they check for the transit visa? is it done while boarding into the airport in US or while entering into the German airport? If they find that we don't have a transit visa in Frankfurt airport, what would they do?
Please answer to my questions, this is really needed for me to act on getting the transit visa.
If you can type a question in this forum, then, I guess, you could also do the research by yourself and let us all know about it. If you heard from 'someone', please ask him/her to send you the link and post it here. Thanks.
Most nations do not require a transit visa as long as you are remained in the Airport and changing planes to your destination. If you decide to take a break for few days, then you need a Transit visa, which you can either get prior to your travel by contacting the respective consulates or Embassies or at the transit airport.
imm_pro
01-20 02:35 PM
The new look is awsome.
We sure picked the best day to launch this change.
We sure picked the best day to launch this change.
ssss
11-14 12:36 PM
I just received all the receipts for I-140/I-485/I765/I-131 from TSC.
As some stupid questions:
- I noticed a number above my name: A0xx xxx xxx. Is this an alien number?
- If so please someone explain since I have my PD on 04/24/2001 I never noticed this number (I might be wrong). It is something good or bad or what this number mean?
- Also, just to have an idea, after all are approved (hopefully without unexpected delays) how long until I have that plastic card GC in my hand?
- any small clue will be greatly appreciated.
Thanks.
If you have a approved I-140 and your name check completed you can expect GC soon. If not even with older PD you need to wait for I-140 to be approved to get GC
As some stupid questions:
- I noticed a number above my name: A0xx xxx xxx. Is this an alien number?
- If so please someone explain since I have my PD on 04/24/2001 I never noticed this number (I might be wrong). It is something good or bad or what this number mean?
- Also, just to have an idea, after all are approved (hopefully without unexpected delays) how long until I have that plastic card GC in my hand?
- any small clue will be greatly appreciated.
Thanks.
If you have a approved I-140 and your name check completed you can expect GC soon. If not even with older PD you need to wait for I-140 to be approved to get GC
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