kaisersose
02-20 11:17 AM
Dear All..need expert guidance on my situation.
1) Company A. Approved I-140 and LC for more than 6 months in 2006
2) Took a Job with Company B. Concurrent filling of New I-140 , 485, EAD, AP (In July 2007), EAD and AP approved > 180 days. But still waiting for I-140..looks like it going to take some time.
3) Want to change to company �C�in similar area. Can I use AC21? Given that I have approved I-140 from company A, 485 from company B and want to move to company C ?
I assume answer is No but thought I will get some expert guidance.
Thanks for your help
I think the answer is Yes.
You may be able to do this by replacing the underlying 140 of your 485 application with the older one. It should be possible. Talk to a lawyer.
1) Company A. Approved I-140 and LC for more than 6 months in 2006
2) Took a Job with Company B. Concurrent filling of New I-140 , 485, EAD, AP (In July 2007), EAD and AP approved > 180 days. But still waiting for I-140..looks like it going to take some time.
3) Want to change to company �C�in similar area. Can I use AC21? Given that I have approved I-140 from company A, 485 from company B and want to move to company C ?
I assume answer is No but thought I will get some expert guidance.
Thanks for your help
I think the answer is Yes.
You may be able to do this by replacing the underlying 140 of your 485 application with the older one. It should be possible. Talk to a lawyer.
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meghanap2000
11-04 02:02 PM
Hello gurus,
3 Years back, before applying my 485 and my labor was pending status, i came to know that the need of birth certificate at I485 stage and I asked the records from the local panchayat and they could not find out any records on my name. Then filed the complaint in the court by providing the my passport, mark statements. After many weeks, the court ordered to provide me the birth certificate with the delayed registration 3 years back that is only on 2007. Now i have the birth certificate with the delayed registration, Now in this situvation, is it possible to go to the municipality to ask them the non-availability certificate ?
Thanks
Devan
HI Devan,
I was in same situation as yours. I also got my birth registered just 3 years back and submitted to USCIS along with 3 affidavits from elders who presented at the time of birth. Basically noterized copies on indian stamp paper and submit to USCIS along with your latest birth certificate. No need to provide Non availability certificate. This is what I did. My GC got approved. Consult your attorney ..they will give more information.
3 Years back, before applying my 485 and my labor was pending status, i came to know that the need of birth certificate at I485 stage and I asked the records from the local panchayat and they could not find out any records on my name. Then filed the complaint in the court by providing the my passport, mark statements. After many weeks, the court ordered to provide me the birth certificate with the delayed registration 3 years back that is only on 2007. Now i have the birth certificate with the delayed registration, Now in this situvation, is it possible to go to the municipality to ask them the non-availability certificate ?
Thanks
Devan
HI Devan,
I was in same situation as yours. I also got my birth registered just 3 years back and submitted to USCIS along with 3 affidavits from elders who presented at the time of birth. Basically noterized copies on indian stamp paper and submit to USCIS along with your latest birth certificate. No need to provide Non availability certificate. This is what I did. My GC got approved. Consult your attorney ..they will give more information.
yogirajd
11-09 09:02 PM
Mine was EB2 before and after first RFE my attorney changed it to EB3.
I don't understand Logic behind this.
I don't understand Logic behind this.
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nashim
07-14 09:53 AM
for Consular Processing case, candidate has to be in out USA or is it ok be in USA and file for Consular Processing?
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HV000
10-10 07:08 PM
What if USCIS didnt have this nonsense LUD field in their online status, won't you have lived in peace?
TRUE! My LUD is also not updated after FP so do not know when they update the LUD. One thing you could do is to contact FBI verifying the status.
Also, FP is valid only for 15 months so there is a good chance for a 2nd FP based on current backlog.
TRUE! My LUD is also not updated after FP so do not know when they update the LUD. One thing you could do is to contact FBI verifying the status.
Also, FP is valid only for 15 months so there is a good chance for a 2nd FP based on current backlog.
ashkam
08-08 08:39 PM
If you look at the forms page on the USCIS website, it says previous editions of the I-485 form accepted.
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FredG
July 18th, 2004, 07:54 AM
What an interesting plant! I like the second one better, as it isolates one plant and you can see that all the parts really do belong to just that one. DOF must have been quite a challenge.
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abhi_jais
05-02 11:31 AM
You can get the home loan from India. I bought a property couple of years back, that time SBI gave me a very good rate. You can start the application processing from their US location, they will help you with the application process. For the paperwork they will need the details about your job, and for the loan security you'll need to have someone in India who owns a property.
Personally, I wouldn't go to ICICI because I had a very bad experience with them. Also, if you are buying an apartment make sure the builder has all the approvals from the governments and from the banks. All the best!!!!!!!!!!!!!
Personally, I wouldn't go to ICICI because I had a very bad experience with them. Also, if you are buying an apartment make sure the builder has all the approvals from the governments and from the banks. All the best!!!!!!!!!!!!!
more...
Nikith77
12-17 11:13 AM
Dude wakeup, this is a old story. please read all the post before you create a new one.
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glus
11-19 01:06 PM
Hi All,
My wife entered US on H4 Visa. Her H4 is valid until Oct 2009. Last year, she got her EAD and started working on EAD. If she has to travel out of the country and come back, can she do it on H4 until 2009 or will she need an AP now that she has used her EAD..
Could anyone please share..Apologies if this is a repeat. Could not find any info on the forums.
Generally speaking, it is always better to re-enter on nonimmigrant visa than on AP. This is because when one re-enters on non-immigrant visa, one receives a non-immigrant status, which is great. H4 is not dependent on EAD or vice versa. Remember, to loose H4 visa status you need to brake immigration law or do something that violates the immigration law. Technically speaking, if one works on EAD, one does not brake any law due to the EAD being valid. So yes, she can re-enter on h4, receiving H-4 status, and still work as long as EAD is valid. This is a gray area, but as per my attorney it is allowable due to the vague nature of the INA (Immigration and Naturalization Act), which states, that one looses non-immigrant status when one "works without authorization." However, think about it. If one is on H-4, one works on EAD at the same time, one does not loose non-immigrant status because such a person performs "authorized employment" through valid EAD.
Regards,
My wife entered US on H4 Visa. Her H4 is valid until Oct 2009. Last year, she got her EAD and started working on EAD. If she has to travel out of the country and come back, can she do it on H4 until 2009 or will she need an AP now that she has used her EAD..
Could anyone please share..Apologies if this is a repeat. Could not find any info on the forums.
Generally speaking, it is always better to re-enter on nonimmigrant visa than on AP. This is because when one re-enters on non-immigrant visa, one receives a non-immigrant status, which is great. H4 is not dependent on EAD or vice versa. Remember, to loose H4 visa status you need to brake immigration law or do something that violates the immigration law. Technically speaking, if one works on EAD, one does not brake any law due to the EAD being valid. So yes, she can re-enter on h4, receiving H-4 status, and still work as long as EAD is valid. This is a gray area, but as per my attorney it is allowable due to the vague nature of the INA (Immigration and Naturalization Act), which states, that one looses non-immigrant status when one "works without authorization." However, think about it. If one is on H-4, one works on EAD at the same time, one does not loose non-immigrant status because such a person performs "authorized employment" through valid EAD.
Regards,
more...
bazuka6
09-24 01:36 PM
Hi,
I have received an EAD (I-140 Approved) for future employment through a company that I never worked for. Can I use AC21 to port the GC process to the current employer? Does the current employer need to file a new LC/140?
Please let me know. Thanks for your help.
Can't do it. Employment start date with non-gc employer(your current employer) is prior to 180 days from when 485 was filed
They'll deny the 485
I have received an EAD (I-140 Approved) for future employment through a company that I never worked for. Can I use AC21 to port the GC process to the current employer? Does the current employer need to file a new LC/140?
Please let me know. Thanks for your help.
Can't do it. Employment start date with non-gc employer(your current employer) is prior to 180 days from when 485 was filed
They'll deny the 485
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jonty_11
11-02 10:14 AM
I would request people to google such trivial infomation. It is avaialble on thousands of websites
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naushit
07-23 05:45 PM
Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?
A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations
A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations
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Leo07
10-09 06:55 PM
Basically, the VB just says that "Even though you waited for however number of years, gone through all the pains with employers, you are NO closer to getting GC than you were a month ago"
How pathetic is our situation? Every time I think of it as the bottom,there is a new low next month? It's just a never ending tale.
How pathetic is our situation? Every time I think of it as the bottom,there is a new low next month? It's just a never ending tale.
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gc_kaavaali
08-12 02:21 PM
That seems to be true. I had infopass appointment yesterday. IO told me samething. He told me my NC would be cleared by November this year(Because USCIS planned to clear out all NC pending cases for more than one year by that time). God only knows what is happening!!!!
I talked to an IO at TSC couple of days back and she said 180 day rule does not hold yet, it starts only after Feb 09. And that my 485 can only be processes if NC is cleared (yes mine is still pending, wondering why :confused:).
PD Sep 05.
I talked to an IO at TSC couple of days back and she said 180 day rule does not hold yet, it starts only after Feb 09. And that my 485 can only be processes if NC is cleared (yes mine is still pending, wondering why :confused:).
PD Sep 05.
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logiclife
06-20 10:36 AM
I have received one email so far.
Come on guys, if you are in or around LA and would like to share your story, please come forward.
Thanks.
Come on guys, if you are in or around LA and would like to share your story, please come forward.
Thanks.
more...
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deepakjain
01-08 09:18 AM
Did the office say that you are granted visa and the passport will be mailed. I know in Mumbai consulate, you can collect the stamped-passport the same evening.
NewDelhi consulate will have an email address, email them and check. otherwise if you are there in the city visit the consulate and enquire.
Just my thoughts.All the best.
THe process has changed the passport are now delivered the next day between 4:30 PM to 5:00 PM. Mumbai consulate no longer delivers the passport the same day of interview.
Deepak
NewDelhi consulate will have an email address, email them and check. otherwise if you are there in the city visit the consulate and enquire.
Just my thoughts.All the best.
THe process has changed the passport are now delivered the next day between 4:30 PM to 5:00 PM. Mumbai consulate no longer delivers the passport the same day of interview.
Deepak
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paskal
02-21 01:26 AM
Option 5 is true for J1, since H1 is not a training visa however I do not think you can get an extension. For J1 it is a simple matter of getting a new sponsorship (used to be called IAP 66) from ECFMG.
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bombay_masala
06-18 01:09 PM
What is the Alien Registration number from I140 approval ? How do we get it if we don't have the copy of I-140 approval?
Any more thoughts on this issue. I am making a list of documents in three categories: (i) docs/info needed absolutely (ii) docs that are not must but might help (iii) docs that are not needed at all. Please edit this list based on your research (if you can add links/cite docs to support that would be great).
With long delays many people will be using AC21 and we might see these question repeatedly - a sticky thread can really help.
(i) Documents or information that is essential (if you don't have these documents or info don't even think about changing jobs and just stay put at old employer)
485 receipt number
Alien Registration number from I140 approval (if its already done)
Employment letter from the new employer with title/function same/similar to labor application
Job functions from approved labor/I140 to get the above
??
??
(ii) Documents or information that is not necessary but is good to have (try to get these documents; if you are not able to get them there might be still a way to use AC21 using a lawyer or something)
A copy of I140 approval
A copy of labor certification
??
??
(iii) Documents you don't need at all (don't loose sleep if you don't have them; even if you dont have them you can use AC21 without help of a lawyer)
??
??
Any more thoughts on this issue. I am making a list of documents in three categories: (i) docs/info needed absolutely (ii) docs that are not must but might help (iii) docs that are not needed at all. Please edit this list based on your research (if you can add links/cite docs to support that would be great).
With long delays many people will be using AC21 and we might see these question repeatedly - a sticky thread can really help.
(i) Documents or information that is essential (if you don't have these documents or info don't even think about changing jobs and just stay put at old employer)
485 receipt number
Alien Registration number from I140 approval (if its already done)
Employment letter from the new employer with title/function same/similar to labor application
Job functions from approved labor/I140 to get the above
??
??
(ii) Documents or information that is not necessary but is good to have (try to get these documents; if you are not able to get them there might be still a way to use AC21 using a lawyer or something)
A copy of I140 approval
A copy of labor certification
??
??
(iii) Documents you don't need at all (don't loose sleep if you don't have them; even if you dont have them you can use AC21 without help of a lawyer)
??
??
retropain
08-24 06:05 PM
greatguy, you sound like a great guy. But honestly the idea isn't too great...especially nowadays with such much immigration scrutiny, tightening of regulations, deportations, etc. A five year old labor sub, that too unapproved, isn't going to be approved easily...maybe you should file a PERM based petition and get that approved in a month or two and that way atleast you secure a 2006 PD. If some relief comes in, you're wait shouldn't be too long...
TomPlate
07-05 12:56 PM
What this story man. I never read from THEHindu.com or other Indian News Web sites.
CNN is junk.
But we need CNN to publish the news like this.
Immigration Law - Tragedy not only for Illegal Immigrant but also for Legal Immigrant.
CNN is junk.
But we need CNN to publish the news like this.
Immigration Law - Tragedy not only for Illegal Immigrant but also for Legal Immigrant.
