hsingh82
02-24 01:05 PM
Consider this, I am an H1B and my perm has not been filed yet. I have been contributing to the IV posts(not monetary so far)...and haven't asked any question/query myself yet..... what do you want me to do pay money to reply to a post where a guy needs help on how to complain to DOL or if there is a link on CNN and I want to share with fellow IVians??
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locomotive36
11-11 02:32 PM
^^ bump ^^
Sunx_2004
10-10 12:36 PM
My application reached NSC on July 17th, No updates yet..:mad:
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abracadabra102
08-24 08:34 PM
Nothing new here. It was denied as per existing law. If original I-140 is un-approavable, ac21 can not help.
more...
danonline2110
01-22 02:56 PM
Hello,
I am a French citizen (married to a French woman with a French 3 1/2 daughter). We have been living for 8 years in London (UK) until July 2007, where we have had the opportunity to come and live in US (Atlanta - GA) for past 1 1/2 year on a L1-Visa (for me as a foreign national holding an advanced degree on international transfer company) and L-2 visas for my dependents (My wife has her EAD and is working as a French teacher consultant). These are 3 year Visas renewable until 5 years. I have moved as a Product Architect in IT field (Airline Industry) reporting to an IT Director.
I am currently trying to negotiate with my company to stay on a local contract after my initial mission of 2 years expires (end June 09) and make them do all the necessary paperwork for getting the Green Cards for me/wife and daughter (I assume would be EB-2?)
They may reject my offer to handle requesting Green Cards for us, but still offer me to stay on a local contract on the L1-Visa, not allowing me to foresee to stay legally any longer than 5 years (maybe extended 2 additional years but still...).
I want to be prepared for that scenario with assistance of experts to know where I could go from there.
2 Alternatives as I see:
1) If I stay in same company, could I try to apply for Green Cards for my family (Green Card EB-2) myself being employed by this company on L1 Visa? What are my chances of succeeding then?
2) We are expecting a baby girl in March (who will be born American in Atlanta) and was wondering whether or not she could sponsored us (on our request being their parents and she would only be an infant), so that we could stay legally and request the Green Cards Family Based?
In both cases, if I apply myself for the Green Cards, I suppose I would no longer be tied to my company and free to look for a job elsewhere in Georgia or other state in USA?
I would appreciate any expertise on that matter.
Thanks!
Daniel
I am a French citizen (married to a French woman with a French 3 1/2 daughter). We have been living for 8 years in London (UK) until July 2007, where we have had the opportunity to come and live in US (Atlanta - GA) for past 1 1/2 year on a L1-Visa (for me as a foreign national holding an advanced degree on international transfer company) and L-2 visas for my dependents (My wife has her EAD and is working as a French teacher consultant). These are 3 year Visas renewable until 5 years. I have moved as a Product Architect in IT field (Airline Industry) reporting to an IT Director.
I am currently trying to negotiate with my company to stay on a local contract after my initial mission of 2 years expires (end June 09) and make them do all the necessary paperwork for getting the Green Cards for me/wife and daughter (I assume would be EB-2?)
They may reject my offer to handle requesting Green Cards for us, but still offer me to stay on a local contract on the L1-Visa, not allowing me to foresee to stay legally any longer than 5 years (maybe extended 2 additional years but still...).
I want to be prepared for that scenario with assistance of experts to know where I could go from there.
2 Alternatives as I see:
1) If I stay in same company, could I try to apply for Green Cards for my family (Green Card EB-2) myself being employed by this company on L1 Visa? What are my chances of succeeding then?
2) We are expecting a baby girl in March (who will be born American in Atlanta) and was wondering whether or not she could sponsored us (on our request being their parents and she would only be an infant), so that we could stay legally and request the Green Cards Family Based?
In both cases, if I apply myself for the Green Cards, I suppose I would no longer be tied to my company and free to look for a job elsewhere in Georgia or other state in USA?
I would appreciate any expertise on that matter.
Thanks!
Daniel
GC4US
01-21 01:44 AM
Can soneone help me with this question.....please....
My husband is on H1B and I'm on Ead.....both of us have expired I-94 stamps.....we are planing to go to our home country this year...we want to apply for advance parole......my question is.....can we enter U.S both of us with AD?
I read on Uscis website that you need to have personal reason in order to go to your country while I-485 is pending....and you have to prove your personal reason.....is that true....we want only to visit our parents.
Thanks in advance!
My husband is on H1B and I'm on Ead.....both of us have expired I-94 stamps.....we are planing to go to our home country this year...we want to apply for advance parole......my question is.....can we enter U.S both of us with AD?
I read on Uscis website that you need to have personal reason in order to go to your country while I-485 is pending....and you have to prove your personal reason.....is that true....we want only to visit our parents.
Thanks in advance!
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smartboy75
11-02 02:14 AM
This news might not be directly related to our cause but its very much relevant. Here also, they can come with similar results saying that out of all the IT jobs in US, x % have been gone to immigrants where x > 50. Opponents of our cause may use this gainst us.
Precisely my point...why are we enabling anti-immigrants with material to lobby against us....And that is why I raised the question of bringing the issue here....
But I appreciate the insight alterego had to share...it was insightfull and very educative...thxs for sharing a different view...
Precisely my point...why are we enabling anti-immigrants with material to lobby against us....And that is why I raised the question of bringing the issue here....
But I appreciate the insight alterego had to share...it was insightfull and very educative...thxs for sharing a different view...
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franklin
07-11 06:03 PM
I can make some calls.
Thank you - I've just sent you a pm
Thank you - I've just sent you a pm
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shx
06-29 03:13 PM
This is not a shady practice. The employer had petitioned for a labor certification earlier to sponsor GC for an employee who might have left the company. Now they filled the position with you, so its perfectly alright to use the same petition for you.
As far as the documents are concerned, they are employer centric and they have no reason to give them to you. You will have nothing to do with those even if you get them. If the only purpose you want to solve is to know whether or not your labor and I40 were infact approved as your employer says, you should request your employer to show you a copy.
The copies are wothless to you if you leave the company anyways, before you get an EAD.
Don't heed the advise of people who ask you to find a better employer. Such people are only trying to get their own GCs faster, since there will be one less person with an earlier priority date.
As far as the documents are concerned, they are employer centric and they have no reason to give them to you. You will have nothing to do with those even if you get them. If the only purpose you want to solve is to know whether or not your labor and I40 were infact approved as your employer says, you should request your employer to show you a copy.
The copies are wothless to you if you leave the company anyways, before you get an EAD.
Don't heed the advise of people who ask you to find a better employer. Such people are only trying to get their own GCs faster, since there will be one less person with an earlier priority date.
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deecha
06-17 12:49 PM
It is not illegal to sell applications. It is illegal to work without authorization. Please note the semantics and the technicality.
If you create an app for the iPhone, you should be able to put it on the apple store and derive income from it, as long as you have not worked for someone (or yourself) deriving compensation financially, without authorization.
In short ... go ahead and do it. As sac-r-ten says go ahead and live your dream .. develop your apps, create wealth and dont worry about stupid man-made rules to encumber people ... :-)
PS : Please recommend a good objective - C / Cocoa book for Mac/iPhone programming..
If you create an app for the iPhone, you should be able to put it on the apple store and derive income from it, as long as you have not worked for someone (or yourself) deriving compensation financially, without authorization.
In short ... go ahead and do it. As sac-r-ten says go ahead and live your dream .. develop your apps, create wealth and dont worry about stupid man-made rules to encumber people ... :-)
PS : Please recommend a good objective - C / Cocoa book for Mac/iPhone programming..
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paragpujara
12-21 07:46 PM
Refer to USCIS guide lines regarding AC 21. Hope this helps.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
I applied I-140 with a substitution labor in May'07. Then I applied I-485 on July2nd,2007. Got EAD on Aug20th. Two months back my I-140 was approved. Now I am on EAD. I am working with a very good financial corporation which they are asking me to join as full-time from Jan1st2008. I told my manager that I can join as a full-time from Feb20th 2008. Can any one throw some light on these doubts?
1. What happens if I move before 180 days of EAD to this new company and send AC21 to USCIS after finishing 180 days on EAD?
2. If I moved after 180 days what kind of queries we get from USCIS on AC21?
3. Do we need to make sure my employer also agrees what we are doing? What kind of documents we need from the existing employer?
4. Does my new company has to give same exact responsibilities as my labor certificate?
I would appreciate if any one replies to these posts. Thanks in advance.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
I applied I-140 with a substitution labor in May'07. Then I applied I-485 on July2nd,2007. Got EAD on Aug20th. Two months back my I-140 was approved. Now I am on EAD. I am working with a very good financial corporation which they are asking me to join as full-time from Jan1st2008. I told my manager that I can join as a full-time from Feb20th 2008. Can any one throw some light on these doubts?
1. What happens if I move before 180 days of EAD to this new company and send AC21 to USCIS after finishing 180 days on EAD?
2. If I moved after 180 days what kind of queries we get from USCIS on AC21?
3. Do we need to make sure my employer also agrees what we are doing? What kind of documents we need from the existing employer?
4. Does my new company has to give same exact responsibilities as my labor certificate?
I would appreciate if any one replies to these posts. Thanks in advance.
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rahulpaper
09-06 12:48 PM
Did you travel out of US while you were on F1 and your AOS was in process?
If yes...did you use AP to re-enter?
If yes...did you still maintain your F1 status?
Thanks in advance for your reply.
Received card production ordered email today!!!
For all those whose spouses are in F1 status do not worry
I applied through my husband(EB3 July 2004) and i was on F1 when i applied with him. Got funding through F1. Did not use 485 EAD.
Graduated but did not apply for OPT and started using 485-EAD to work.
Well... one more thing our lawyer forgot to include our BC while applying.
Actually he had them when he mailed them initially in DEC 2004 but got rejected and after he came back from vacation in March 05 he reapplied based on the rejected mail in Dec 04 and its then when he forgot to include BC.
I was ver scared reading about F1 being non immigrant visa blah blah... and should not apply for GC..blah blah..unfortunately i could not find a similar case like me...recently i saw a lot of people applying in F1 ...
I am happy to tell...do not worry if you are on F1 and
do not travel on F1 visa
Do not apply for OPT ( my limited knowledge advice)
Your lawyer knows the best!
Regarding LUDs:
If you guys see LUDs on your cases atleast one...be very happy...that means they are about to give you a green card...
I am planning on attending the Rally to show my support to 1V
I hope 2007 will be lucky to every one
Believ me journey through 485 process is nerve-wracking...
Just think if it really makes a difference think about it ...no
Just believe in god ( satyanarayan swami pooja cheyinchukondi)...dont laugh
All the Best:o
EB3
PD : July 2004
RD : March 2005
VSC--> TSC : Mar 2007
LUDs on 485 : July 29, Sep3rd 4th
and card production ordered on 5th
If yes...did you use AP to re-enter?
If yes...did you still maintain your F1 status?
Thanks in advance for your reply.
Received card production ordered email today!!!
For all those whose spouses are in F1 status do not worry
I applied through my husband(EB3 July 2004) and i was on F1 when i applied with him. Got funding through F1. Did not use 485 EAD.
Graduated but did not apply for OPT and started using 485-EAD to work.
Well... one more thing our lawyer forgot to include our BC while applying.
Actually he had them when he mailed them initially in DEC 2004 but got rejected and after he came back from vacation in March 05 he reapplied based on the rejected mail in Dec 04 and its then when he forgot to include BC.
I was ver scared reading about F1 being non immigrant visa blah blah... and should not apply for GC..blah blah..unfortunately i could not find a similar case like me...recently i saw a lot of people applying in F1 ...
I am happy to tell...do not worry if you are on F1 and
do not travel on F1 visa
Do not apply for OPT ( my limited knowledge advice)
Your lawyer knows the best!
Regarding LUDs:
If you guys see LUDs on your cases atleast one...be very happy...that means they are about to give you a green card...
I am planning on attending the Rally to show my support to 1V
I hope 2007 will be lucky to every one
Believ me journey through 485 process is nerve-wracking...
Just think if it really makes a difference think about it ...no
Just believe in god ( satyanarayan swami pooja cheyinchukondi)...dont laugh
All the Best:o
EB3
PD : July 2004
RD : March 2005
VSC--> TSC : Mar 2007
LUDs on 485 : July 29, Sep3rd 4th
and card production ordered on 5th
more...
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rajunpatil
08-30 05:02 PM
--------------------------------------------------------------------------------
I am in severe trouble, my employer said he would terminate my h1b and GC.
I have I140 Approval copy with me
My I485 was filed on July 2nd 2007
My priority date is June 2004
I have not yet received any receipts for I485
My checks are not cashed.
My H1B is valid until Nov 2007
I am drop dead, what should I do now.
I am looking for
option1: a new employer to transfer my h1B
option2: I was doing my MS, so chnage status to F1.
But what will happen to my GC, Priority dates , I140
Please, tell me what is my best option to continue staying in US.
I am in severe trouble, my employer said he would terminate my h1b and GC.
I have I140 Approval copy with me
My I485 was filed on July 2nd 2007
My priority date is June 2004
I have not yet received any receipts for I485
My checks are not cashed.
My H1B is valid until Nov 2007
I am drop dead, what should I do now.
I am looking for
option1: a new employer to transfer my h1B
option2: I was doing my MS, so chnage status to F1.
But what will happen to my GC, Priority dates , I140
Please, tell me what is my best option to continue staying in US.
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valatharv
07-26 08:37 AM
Finally we got our 485 approved on July 15, 2010...
Priority date : March 2005
Cat: EB2, NSC
Priority date : March 2005
Cat: EB2, NSC
more...
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Eberth
10-21 06:26 PM
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06-05 01:41 PM
-
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wandmaker
12-19 01:23 AM
Is it true it is must to use EAD to invoke AC 21? I am not sure but people said I cannot use H1 but EAD to invoke Ac 21........
if you invoke AC21 means you have to use EAD not H1B......
AC21: You are letting USCIS know that you will not be working for GC sponsoring employer as you have found a new similar/same job with some one else.
EAD/H1B: EAD is an work authorization, which allows to you work for any one. H1B is allows to you work for an sponsoring employer. If your new employer agrees you take you on board then do an H1 transfer, your title will be "similar/same position".
if you invoke AC21 means you have to use EAD not H1B......
AC21: You are letting USCIS know that you will not be working for GC sponsoring employer as you have found a new similar/same job with some one else.
EAD/H1B: EAD is an work authorization, which allows to you work for any one. H1B is allows to you work for an sponsoring employer. If your new employer agrees you take you on board then do an H1 transfer, your title will be "similar/same position".
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kapoorg
06-21 02:04 PM
Hi,
I am in a similar situation. I am in US on B1 visa and accidently damaged my passport.
Both my passport and I-94 are mutilated. Duplicate passport takes 6-8 weeks and I-102 takes close to 3 months.
What should I do? My exit date as per I-94 is Aug,25th.
Vinay,
Can you please tell me how did you manage to get duplicate passport in such a short time?
Regards,
Gaurav Kapoor
I am in a similar situation. I am in US on B1 visa and accidently damaged my passport.
Both my passport and I-94 are mutilated. Duplicate passport takes 6-8 weeks and I-102 takes close to 3 months.
What should I do? My exit date as per I-94 is Aug,25th.
Vinay,
Can you please tell me how did you manage to get duplicate passport in such a short time?
Regards,
Gaurav Kapoor
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go_guy123
03-30 02:06 PM
A former colleague of mine from B'Desh got his GC in 14 weeks.
ROW EB2 are talking in terms of weeks, not even months. We, on the other hand are talking in terms of decades, not even years.
That is exactly the reason why per country quota removal is a difficult task. ROW has lots at stake in ensuring that per country quota is not removed. Fighting for a bigger pie is easier than fighting for a greater slice of the pie.
ROW EB2 are talking in terms of weeks, not even months. We, on the other hand are talking in terms of decades, not even years.
That is exactly the reason why per country quota removal is a difficult task. ROW has lots at stake in ensuring that per country quota is not removed. Fighting for a bigger pie is easier than fighting for a greater slice of the pie.
lostinbeta
10-21 01:35 AM
Wow, very interesting. I have never heard of that before.
Well where I was thinking falls in those rules, according to that grid, it was #2.
Like I said though, put it where you want... don't mind me...just blurting stuff out.
Well where I was thinking falls in those rules, according to that grid, it was #2.
Like I said though, put it where you want... don't mind me...just blurting stuff out.
MeraNaamJoker
09-16 04:44 PM
Here is the scenario.
If 6 months has been completed after your I-485 is filed then you can port out your process. You can either file AC21 or not. But to work for another company you need EAD. Now here you have mentioned that you have been working for Company B. What is your status with Company B? I guess, H1B.
If the company B can file for an AC21 at the earliest, that is the best option you have with you.
Just in case, if your I-485 is less than 6 months, situation becomes little sticky. Though the law or rule does not say anything specific, USCIS has been little lenient with the lay off and other situations recently.
So once Company A gets winds up, you can claim the process by stating that the company went out of business. There are cases where this was approved recently. Earlier there were exemptions at all.
You all need the co-operation from Company A on this. If they report to USCIS that you guys never joined there or made the company lose money, then none of the process will not stand as per law.
I personally know a unique situation, even after the company reported against the employee, the USCIS issued Green Card.
It all depends on the knowledge of the Officer who takes the case. Basically it is roll of the dice.
Do not take chances. Do it in the legal way as much as possible.
Good Luck to all of you
If 6 months has been completed after your I-485 is filed then you can port out your process. You can either file AC21 or not. But to work for another company you need EAD. Now here you have mentioned that you have been working for Company B. What is your status with Company B? I guess, H1B.
If the company B can file for an AC21 at the earliest, that is the best option you have with you.
Just in case, if your I-485 is less than 6 months, situation becomes little sticky. Though the law or rule does not say anything specific, USCIS has been little lenient with the lay off and other situations recently.
So once Company A gets winds up, you can claim the process by stating that the company went out of business. There are cases where this was approved recently. Earlier there were exemptions at all.
You all need the co-operation from Company A on this. If they report to USCIS that you guys never joined there or made the company lose money, then none of the process will not stand as per law.
I personally know a unique situation, even after the company reported against the employee, the USCIS issued Green Card.
It all depends on the knowledge of the Officer who takes the case. Basically it is roll of the dice.
Do not take chances. Do it in the legal way as much as possible.
Good Luck to all of you
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