Aah_GC
06-20 02:19 PM
The problem is AC21 is speculative rather than definitive. You can give it your own interpretation as USCIS has not come forward with a good distinction between same and similar.
When you are at the fork of the road, the path of least resistance to GC is a sensible one, that is when you don't have the fear of not getting your GC. It is ultimately up to each one of us.
When you are at the fork of the road, the path of least resistance to GC is a sensible one, that is when you don't have the fear of not getting your GC. It is ultimately up to each one of us.
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roseball
08-07 11:10 AM
if my wife is already in US on H4 do i need to file a I-134 ,I-864 too ??
Also do i need to add my tax return, my I20 and my paystubs with application. She just came into country so she does not have any tax rerurn of her own nor any I20 or any paystubs of her own.. Please suggest.
Thanks
-M
Yes, its good to file I-134 especially when she is on H4. Paystubs and tax returns are not required documents though a lot of people tend to submit them. Just an employment letter from your employer would suffice. You dont need to include your I-20 with your wife's application....However, do include her medicals, though its not part of the initial evidence......
Also do i need to add my tax return, my I20 and my paystubs with application. She just came into country so she does not have any tax rerurn of her own nor any I20 or any paystubs of her own.. Please suggest.
Thanks
-M
Yes, its good to file I-134 especially when she is on H4. Paystubs and tax returns are not required documents though a lot of people tend to submit them. Just an employment letter from your employer would suffice. You dont need to include your I-20 with your wife's application....However, do include her medicals, though its not part of the initial evidence......
inskrish
08-02 12:37 AM
Here is my prediction.
Once all receipting is done by Sept 17th for all late Aug 17th filers, they will immediately start processing all oct 08 current cases.
Do you think by Sep.17th receipting would have been completed? :-)
Regards,
IK
Once all receipting is done by Sept 17th for all late Aug 17th filers, they will immediately start processing all oct 08 current cases.
Do you think by Sep.17th receipting would have been completed? :-)
Regards,
IK
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natrajs
09-03 12:06 PM
Hardly an hour passed by when I got email from CRIS saying " welcome ..." reminding me of Eagles song "welcome to hotel california ...", this was the very song, I heard for first time while waiting for TOFEL exam in summer of 1999 in Delhi. Oh... such a wonderful place.
Guys ... kismet changes!
Congrats and Best Wishes, I wish I get my GC too
Guys ... kismet changes!
Congrats and Best Wishes, I wish I get my GC too
more...
letstalklc
11-06 01:39 PM
Whats up, guys!
FYI:
My employer got a letter today stating that my form ETA9089 has been certified. Finally, after about 13 months waiting.
I got audited on November 2007. I filed the petition on October 2007.
Good luck with all of you guys.
Thanks for the supports!
Congratulations...great news.....good luck for the next steps...
Is your perm is filed by Fragomen Law Firm?
My PD is Sep 5th 2007...still pending....dont know when it's gonna approve...
FYI:
My employer got a letter today stating that my form ETA9089 has been certified. Finally, after about 13 months waiting.
I got audited on November 2007. I filed the petition on October 2007.
Good luck with all of you guys.
Thanks for the supports!
Congratulations...great news.....good luck for the next steps...
Is your perm is filed by Fragomen Law Firm?
My PD is Sep 5th 2007...still pending....dont know when it's gonna approve...
h1-b forever
10-28 09:53 AM
My friend's dependent spouse got CPO approval on 9/10 and the card itself in earlier this month. However, the primary applicant has received no approval notice. Anyone with similar case?
more...
gova123
08-02 05:37 PM
I am sorry for posting in here, but I was wondering if someone actually went in person to the Houston Consulate to get their passport renewed. Also, do we need to have any reason to attend in person at the Consulate such as emergency, etc.
I am from India and my passport is expiring on Aug 17. I read before in the forum that it is better to go in person to renew the passport. Any experiences please let me know.
Thanks a bunch
I am from India and my passport is expiring on Aug 17. I read before in the forum that it is better to go in person to renew the passport. Any experiences please let me know.
Thanks a bunch
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jr8rdt
11-12 05:32 PM
1) To invoke ac21 do you have to have EAD and ...
a) I-140 approved and 485 pending 180 days or more OR
b) I-140 pending and 485 pending 180 days or more
2)Assuming I-140 is approved and 485 has been pending for more than 180 days, has valid EAD and the person invokes ac21. What about if employer revoke the I-140 (which has been approved)...will it has effect on the GC app? or once I-140 is approved that's it. you are free...
Thanks
a) I-140 approved and 485 pending 180 days or more OR
b) I-140 pending and 485 pending 180 days or more
2)Assuming I-140 is approved and 485 has been pending for more than 180 days, has valid EAD and the person invokes ac21. What about if employer revoke the I-140 (which has been approved)...will it has effect on the GC app? or once I-140 is approved that's it. you are free...
Thanks
more...
sparky123
07-18 01:12 PM
Any ideas to help speeden up the PERM processing in Atlanta center?
Hundreds of folks are stuck for more than 150 days and are in a critical situation now.
Please help us with ur suggestions...
Hundreds of folks are stuck for more than 150 days and are in a critical situation now.
Please help us with ur suggestions...
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nirdlalegcade
02-26 12:37 PM
what if my I-485 is July 20, 2007 (it is processing), how long will it take before they can send my GC to me?
more...
singhsa3
07-20 01:37 PM
This may be a serious issue. Consult a lawyer. Receipting may take a while.
I sent in form G-325 for both me and my wife along with my I-485 instead of the G-325A as required on I-485 instructions by oversight. What do you guys recommend I do? Should I send in a new application or just send in the G-325A form with a letter stating the issue? Please help.
I sent in form G-325 for both me and my wife along with my I-485 instead of the G-325A as required on I-485 instructions by oversight. What do you guys recommend I do? Should I send in a new application or just send in the G-325A form with a letter stating the issue? Please help.
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fromnaija
08-04 12:43 PM
How did your wife obain the second AP while outside the country? If you applied and got the second document whilst she was outside the country then logically it is invalid.
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chem2
07-21 01:23 PM
i posted the following on another thread back about a month ago. hopefully it will help you. haven't recd any soft or hard luds since the fingerprinting, though.
-----------
guys, until yesterday, i was in the same boat as all of you.
i-140/485/131/765 concurrently filed with tsc in Aug 2007. recd receipt notices, ead and ap without any problems in oct and nov 2007, but no fingerprint notices. called uscis couple of times (didn't open any sr's though), got standard response- application is under review, you'll be sent notices as part of the review process, don't ask when.
asked lawyer why no biometrics and he said that a lot of their clients have not recd theirs, but they were starting to see some come through (this was back in feb 2008). i also asked lawyer if it was advisable to contact local congressman/ senator for help and he advised against it, apparently if your file is with an io and your congressman/ senator sends a query, uscis has a limited amount of time to respond and the file is typically pulled from the io (don't know if i believe this, but that was the line i was fed).
finally got fed up and contacted local congressman's office; no help there either, got canned response from tsc- we recd x million applications last july and august and are trying to work through them.
then last month, i asked my senator's office to find out what was going on. this time i got a reponse back from tsc saying that they would send out notices shortly, if they hadn't done so. lo and behold, a week after receiving the tsc response from my senator's office, both my spouse and i recd fingerprint notices, which we completed yesterday.
-----------
guys, until yesterday, i was in the same boat as all of you.
i-140/485/131/765 concurrently filed with tsc in Aug 2007. recd receipt notices, ead and ap without any problems in oct and nov 2007, but no fingerprint notices. called uscis couple of times (didn't open any sr's though), got standard response- application is under review, you'll be sent notices as part of the review process, don't ask when.
asked lawyer why no biometrics and he said that a lot of their clients have not recd theirs, but they were starting to see some come through (this was back in feb 2008). i also asked lawyer if it was advisable to contact local congressman/ senator for help and he advised against it, apparently if your file is with an io and your congressman/ senator sends a query, uscis has a limited amount of time to respond and the file is typically pulled from the io (don't know if i believe this, but that was the line i was fed).
finally got fed up and contacted local congressman's office; no help there either, got canned response from tsc- we recd x million applications last july and august and are trying to work through them.
then last month, i asked my senator's office to find out what was going on. this time i got a reponse back from tsc saying that they would send out notices shortly, if they hadn't done so. lo and behold, a week after receiving the tsc response from my senator's office, both my spouse and i recd fingerprint notices, which we completed yesterday.
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desidas
01-22 08:01 PM
What do yo mean by siwtching employer using AC-21 and again H1B status? Do you mean that you have a H1B with the new company? In that case isnt that just a H1B transfer? noa Ac021 switch?
I am also in similar situation.
I have pending I-485 and used AC21 to switch to the new company but I am still in H1B status. However, my wife is using EAD and she need to travel using AP.
Can anyone suggest whether there will be any issue in travelling outside USA, if I (Primary applicant) is still in H1B status but used AC-21 and wife is using EAD (has to use AP)?
Thanks in advance.
BK
I am also in similar situation.
I have pending I-485 and used AC21 to switch to the new company but I am still in H1B status. However, my wife is using EAD and she need to travel using AP.
Can anyone suggest whether there will be any issue in travelling outside USA, if I (Primary applicant) is still in H1B status but used AC-21 and wife is using EAD (has to use AP)?
Thanks in advance.
BK
more...
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sac-r-ten
02-26 04:56 PM
Sorry for your situation. Its better to look for H1 transfer soon. Also expose such body shopper here, so that future H1B are aware of such dingy fly by night operators.
Nothing more anybody can do here on this forum, because everyone is sitting tight and holding on to their seats in this economy.
Good luck man.
Nothing more anybody can do here on this forum, because everyone is sitting tight and holding on to their seats in this economy.
Good luck man.
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siva007
04-02 05:25 PM
Thank you ingegarcia, Just to clarify "postmarked before April 15th" means, even if the application is not yet accepted, but received by the AINP before April 15th. Could you please confirm if my understanding is correct.
Thanks
Thanks
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allegator
03-19 10:08 PM
Thank You very much for your suggestion but how can he know that I am working on different project. I just want to buy a months time and then he himself will remove me from his payroll as these desi employers can't pay a single days salary on bench. Also just after a week of joining I am planning to visit India on my AP for four weeks. I want to resign after coming back. I want the initiative to be taken from his side and not mine. I have ben working with him since last five year and just for holding my H1B he has been taking a huge cut from my billing rate witout doing any thing.
Thanks
Thanks,
Sudhakar
Thanks
Thanks,
Sudhakar
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roseball
02-28 04:33 PM
Can anybody please help in answering below questions on my case? I really appreciate your help. This is urgent for me.
#1: I am working for Company A (current company). My GC processing details (with current company):
1. Labor Approved.
2. I-140 Approved with priority date of Aug 2006 (Category -EB2)
3. I-485 - NOT filed
#2: I am on 6th year of H1-B. My current H1-B is valid till Jan 29, 2011 (less than 365 days from today).
I want to change job and join Company B (new company) for excellent offer and life long stability.
As per my understanding, for continuous H1-B extension & GC approval on existing priority date, I must stay with existing company(A). But attorney of new company(B) is saying he will be able to handle my H1-B extension and may be able to save my priority date also by filing new PERM & I-140. I am not sure whether attorney of new company(B) is correct or not. Can anybody please help in answering below questions?
Ques : If new company(B) transfers H1-B and USCIS will grant H1-B for 3 years based on approved I-140 with current company(A):
A. Can USCIS revokes extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?
A. Since the law is unclear, to be on the safe side, you can have the new company file H1 extension in premium processing and resign/leave the current employer only after extension is approved
B. Yes, new company can start a new PERM and port your earlier PD during I-140 process
C. PD can be ported even if old employer revokes I-140, provided the revocation was not due to fraud.
Also, I am sure all IV members would really appreciate if you could tell us the name of this company which is offering a life long stability..:-)
#1: I am working for Company A (current company). My GC processing details (with current company):
1. Labor Approved.
2. I-140 Approved with priority date of Aug 2006 (Category -EB2)
3. I-485 - NOT filed
#2: I am on 6th year of H1-B. My current H1-B is valid till Jan 29, 2011 (less than 365 days from today).
I want to change job and join Company B (new company) for excellent offer and life long stability.
As per my understanding, for continuous H1-B extension & GC approval on existing priority date, I must stay with existing company(A). But attorney of new company(B) is saying he will be able to handle my H1-B extension and may be able to save my priority date also by filing new PERM & I-140. I am not sure whether attorney of new company(B) is correct or not. Can anybody please help in answering below questions?
Ques : If new company(B) transfers H1-B and USCIS will grant H1-B for 3 years based on approved I-140 with current company(A):
A. Can USCIS revokes extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?
A. Since the law is unclear, to be on the safe side, you can have the new company file H1 extension in premium processing and resign/leave the current employer only after extension is approved
B. Yes, new company can start a new PERM and port your earlier PD during I-140 process
C. PD can be ported even if old employer revokes I-140, provided the revocation was not due to fraud.
Also, I am sure all IV members would really appreciate if you could tell us the name of this company which is offering a life long stability..:-)
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kaarmaa
01-19 12:43 PM
Oh God!!
How can we stop these EB2I - EB3I fights?
What unites us? Only in our fights for superiority?
How can we stop these EB2I - EB3I fights?
What unites us? Only in our fights for superiority?
JDM
08-27 12:18 AM
bump^^^^^^^^^^^
uma001
08-18 05:19 PM
Guys,
I faced this problem myself. My wife was on H1 earlier and she never worked for a period of 1 year. At the beginning of the H1 period, we are expecting a baby and we took easy about her doing any job (its my fault). Later, market turned worse, it became to hard for her and her employer look for projects for her.
So, I contacted a lawyer (he is great). He told me that her status is H1 even though she is not working and she has to get back to H4. He assured me that they will for my documents more than her's and we filed as such and we don't even have her pay stubs or W2 forms.
She got in 45 days period and last week she went for H4 stamping, showing my documents. Yesterday, she got her passport back with H4 stamp.
What Nayekal says is correct. Even though technically your wife is out of status but she may gey H1 to H4 transfer approved without paystubs. Now she has to file immediately for H11 to H4
I faced this problem myself. My wife was on H1 earlier and she never worked for a period of 1 year. At the beginning of the H1 period, we are expecting a baby and we took easy about her doing any job (its my fault). Later, market turned worse, it became to hard for her and her employer look for projects for her.
So, I contacted a lawyer (he is great). He told me that her status is H1 even though she is not working and she has to get back to H4. He assured me that they will for my documents more than her's and we filed as such and we don't even have her pay stubs or W2 forms.
She got in 45 days period and last week she went for H4 stamping, showing my documents. Yesterday, she got her passport back with H4 stamp.
What Nayekal says is correct. Even though technically your wife is out of status but she may gey H1 to H4 transfer approved without paystubs. Now she has to file immediately for H11 to H4
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