meridiani.planum
04-06 02:34 AM
inline...
I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
>> Personal choice here. However, it proves that your intent was not correct. If you think you would be stuck for many years, may be you should - you know it better, because the hassle and risk is not worth the little extra money.
-- there is no issue with intent. He has stayed for 6 months with current employer. After 6 months the law itself allows him to change sponsoring employer, so where is the question of intent?
2) Should I let USCIS know that I am changing my employment?
>> You better do inform the USCIS of your intentions (including AC21) if you want to keep the H1 visa status active. Because if you had registered all your cases (present or old past receipt notices too) at USCIS website, you would have noticed that there are recent LUDs on the first H1/? that you entered the US. Had you known this you would not have asked this question ;-)
--what are you talking about? A LUD could mean anything from a system update to your previous employer finally cancelling your H1. What recent-LUDs-on-first-H1 are you talking about?
>> (Also remember that when you use EAD : presently it means loosing H1 permanently unless you have some time left from the 6 year limit),
--Why? If you have an approved I-140 you can file an H1 extension even if yuou are on EAD. It does require you to leave the US and return to 'activate' the H1 though.
4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer?
>> It should be good to check the employee base and financial position of the new employer. The USCIS may deny your H1 transfer and leave you in a tough spot. It may also affect the 485 decision as success of AC21 is also dependent upon this.
-- USCIS has clarified that abiity-to-pay has to only be proven by original sponsoror. Where does it say that financial position of new employer is important for success of AC-21?
Here's a link to, and info from the USCIS memo:
http://www.ilw.com/lawyers/immigdaily/news/2005,0520-ac21.pdf
Question 7. Should service centers or district offices request proof of �ability to pay� from successor employers in I-140 portability cases, in other
words, from the new company/employer to which someone has
ported?
Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational classification as the alien�s I-140 employment.
agree with the rest of your post.
I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
>> Personal choice here. However, it proves that your intent was not correct. If you think you would be stuck for many years, may be you should - you know it better, because the hassle and risk is not worth the little extra money.
-- there is no issue with intent. He has stayed for 6 months with current employer. After 6 months the law itself allows him to change sponsoring employer, so where is the question of intent?
2) Should I let USCIS know that I am changing my employment?
>> You better do inform the USCIS of your intentions (including AC21) if you want to keep the H1 visa status active. Because if you had registered all your cases (present or old past receipt notices too) at USCIS website, you would have noticed that there are recent LUDs on the first H1/? that you entered the US. Had you known this you would not have asked this question ;-)
--what are you talking about? A LUD could mean anything from a system update to your previous employer finally cancelling your H1. What recent-LUDs-on-first-H1 are you talking about?
>> (Also remember that when you use EAD : presently it means loosing H1 permanently unless you have some time left from the 6 year limit),
--Why? If you have an approved I-140 you can file an H1 extension even if yuou are on EAD. It does require you to leave the US and return to 'activate' the H1 though.
4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer?
>> It should be good to check the employee base and financial position of the new employer. The USCIS may deny your H1 transfer and leave you in a tough spot. It may also affect the 485 decision as success of AC21 is also dependent upon this.
-- USCIS has clarified that abiity-to-pay has to only be proven by original sponsoror. Where does it say that financial position of new employer is important for success of AC-21?
Here's a link to, and info from the USCIS memo:
http://www.ilw.com/lawyers/immigdaily/news/2005,0520-ac21.pdf
Question 7. Should service centers or district offices request proof of �ability to pay� from successor employers in I-140 portability cases, in other
words, from the new company/employer to which someone has
ported?
Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational classification as the alien�s I-140 employment.
agree with the rest of your post.
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browncow
06-08 10:53 PM
I do not support this.
one, We simply do not want a temporary fix to our big genuine bureaucratic issue. and two, we are not alone, there are others who are filing/have filed labor/i140s and are waiting to file 485s.
also, it will mellow down our resolve to overcome this injustice.
money is really not the issue, as if they issue a 10 year EAD, they are definitely gonna make it that much more expensive, and USCIS cannot delay EAD APs, as that would make our case even stronger.
one, We simply do not want a temporary fix to our big genuine bureaucratic issue. and two, we are not alone, there are others who are filing/have filed labor/i140s and are waiting to file 485s.
also, it will mellow down our resolve to overcome this injustice.
money is really not the issue, as if they issue a 10 year EAD, they are definitely gonna make it that much more expensive, and USCIS cannot delay EAD APs, as that would make our case even stronger.
chaituk
10-21 11:42 AM
Hi, I am in the same boat as you. Can you please provide your experience with filing the future employment I-485 and if AC21 is possible.
My question is: Can you continue to work for employer B while employer A files future employment I-485 and can we use AC-21 after 180 days without being employed with employer A?
My question is: Can you continue to work for employer B while employer A files future employment I-485 and can we use AC-21 after 180 days without being employed with employer A?
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smuggymba
03-24 06:32 PM
I am looking for some serious help and advice here , I hate to see any non-immigrant in US in my circumstances .Here some information about it , My company has sponsored my work visa , soon I entered into they customs and Immigration there is some mistake with my paper work , and they charged me and later deported me .In the middle we came to know the company has sponsored some other people B/J visas for their own benefits and officers acted so racially .when i got deported they never issued my passport back , I keep on calling them now , they always say , They can't hear , some times they mention call after 5 mins , 1hr .I am so vexed with all they do , I felt so victim in this . Please advice me can i get my passport back, and my case is in pending appeal , before I got deported
how did u travel back to your home country? All airlines check passport before issuing a boarding pass.
how did u travel back to your home country? All airlines check passport before issuing a boarding pass.
more...
GC_1000Watt
01-23 12:07 AM
Hi,
My H1B extension got denied, I have n't got the denial notice yet. Can someone please advice what options do i have with out going out of status? and how long i can stay in this country?. My current I94 expired in sept 2009.
Please advice.
My situation was same. Upon getting denial notice me and my employer talked to Murthy and on there suggestion we filed a fresh extension petition with all documents. We filed under premium processing and I got approved H1B with I-94 in 10 days.
I suggest you to consult with a highly recognized immigration lawyer and based on your denial reasons act accordingly.
You can also appeal against denial, but then you can't work and there is no premium processing in appeal. You might have to wait for many a days.
Consulting with a lawyer will help you my friend. Good luck.
My H1B extension got denied, I have n't got the denial notice yet. Can someone please advice what options do i have with out going out of status? and how long i can stay in this country?. My current I94 expired in sept 2009.
Please advice.
My situation was same. Upon getting denial notice me and my employer talked to Murthy and on there suggestion we filed a fresh extension petition with all documents. We filed under premium processing and I got approved H1B with I-94 in 10 days.
I suggest you to consult with a highly recognized immigration lawyer and based on your denial reasons act accordingly.
You can also appeal against denial, but then you can't work and there is no premium processing in appeal. You might have to wait for many a days.
Consulting with a lawyer will help you my friend. Good luck.
PHANI_TAVVALA
06-04 09:52 AM
Hello, I am trying to get all the sponsor documents together for my parents visitor visa stamping. I am having some problems getting a bank account verification letter. I have a checking account with a bank in Indiana (I used to stay there 2 years back) which I still use regularly. Most of my transactions are performed by internet banking and my pay checks are deposited directly into this bank account by my company. I have requested them to send a verification letter for which they replied in negative as they can do that if only I can be present in person and not over the phone. My current account balance in this account is around $12,000 and I have bank statements for each month going back to Feb' 2007. Can someone let me know hpw to deal with this situation ( I would really hate to drive/fly 700 miles to just get a bank letter).
I also have a problem with other bank deposit I have. It is a exclusively online HSBC savings account and I have $12,000 in this account with statements going back to July 2007. I could not get proper answer from customer service for my request to give me a account verification letter and I am not sure how to deal with this situation either.
Can someone please help me. Is account verification letter from the bank manager a must as mentioned on i-134? Wouldn't the bank statements suffice?
I also have a problem with other bank deposit I have. It is a exclusively online HSBC savings account and I have $12,000 in this account with statements going back to July 2007. I could not get proper answer from customer service for my request to give me a account verification letter and I am not sure how to deal with this situation either.
Can someone please help me. Is account verification letter from the bank manager a must as mentioned on i-134? Wouldn't the bank statements suffice?
more...
chanduv23
09-30 09:45 AM
:( I just got an RFE on my case...I had 2 soft LUD from past 2 days and now the status says "Request for additional evidence sent."
I have used AC21 to change jobs but I am still on H1....Now i am worried.
Don't worry , it is not a denial
I have used AC21 to change jobs but I am still on H1....Now i am worried.
Don't worry , it is not a denial
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aamchimumbai
09-04 08:42 PM
This is as per USCIC:
06/05/08. Previous editions will be accepted only for medical exams conducted before August 1, 2008. Medical exams conducted on or after August 1, 2008, require use of the 06/05/08 edition (link at bottom of page).
Goto www.uscis.gov and click on 'Immigration Forms' and scroll down for I-693.
I guess that's the only hope I have. I'll keep you all posted.
Thanks
06/05/08. Previous editions will be accepted only for medical exams conducted before August 1, 2008. Medical exams conducted on or after August 1, 2008, require use of the 06/05/08 edition (link at bottom of page).
Goto www.uscis.gov and click on 'Immigration Forms' and scroll down for I-693.
I guess that's the only hope I have. I'll keep you all posted.
Thanks
more...
raysaikat
01-06 02:06 PM
Hi Harry mine was an EB2 case to begin with, no porting. Only this is my timing was not correct and I missed the Jul 07 window, the labor filing took way too long. So kind of in the same boat as you, trying to find legal avenues to upgrade to EB1. Let�s wait for some advice to come by. Looking at your case as well I believe that EB1-A is the only option.
There is nothing called "upgrade". You can file a second I-140 as EB1-A in parallel. Other than the money and energy spent, there is no downside. AFAIK, there is no "eligibility" for filing EB1-A. In the petition, you must demonstrate that you meet the minimum number of criteria described by USCIS.
USCIS - EB-1 Eligibility and Filing (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3a4df271ab0fd010VgnVCM1000000ecd190aRCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD)
There is nothing called "upgrade". You can file a second I-140 as EB1-A in parallel. Other than the money and energy spent, there is no downside. AFAIK, there is no "eligibility" for filing EB1-A. In the petition, you must demonstrate that you meet the minimum number of criteria described by USCIS.
USCIS - EB-1 Eligibility and Filing (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3a4df271ab0fd010VgnVCM1000000ecd190aRCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD)
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ilikekilo
07-17 02:02 PM
DOS and USCIS are slow. But it would be really helpful if the IV code team can provide some update on our site. I believe over 2.5 hours have passed since the last update regarding some update in 1 hour. I guess we can't do anything if it takes more time but an update always helps! Thank you.
given that u have just joined the group, let me say welcome aboard...
u made a wise decision to join this effort.. however regretfully I beg to defer , for you to be too quick to ask questions or updates and be more patient..
please aks yourself..what did u do for IV....what can u expect...
if u are a very active member and did contribute to IV, please accept my apologies
given that u have just joined the group, let me say welcome aboard...
u made a wise decision to join this effort.. however regretfully I beg to defer , for you to be too quick to ask questions or updates and be more patient..
please aks yourself..what did u do for IV....what can u expect...
if u are a very active member and did contribute to IV, please accept my apologies
more...
conchshell
08-13 02:48 PM
who is vld rao?
He is our cheer leader for monthly visa bulletins. You have posted 116 messages and you don't know Mr Rao?? High time for you to start reading other's posts, other than just writing yours :D
He is our cheer leader for monthly visa bulletins. You have posted 116 messages and you don't know Mr Rao?? High time for you to start reading other's posts, other than just writing yours :D
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04-22 11:26 AM
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radhagd
05-15 12:14 PM
Thanks for your reply.
My understanding is there can be only one AOS at any time.
- So if the AOS is applied based on the EB3 140, can another AOS be filed based on EB2?
- If a AOS has been applied based on EB3, can it be "upgraded" to EB2 ??
Thanks.
Yes you can file more than one AOS simultaneously and withdraw other one once I485 is approved.
My understanding is there can be only one AOS at any time.
- So if the AOS is applied based on the EB3 140, can another AOS be filed based on EB2?
- If a AOS has been applied based on EB3, can it be "upgraded" to EB2 ??
Thanks.
Yes you can file more than one AOS simultaneously and withdraw other one once I485 is approved.
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kshitijnt
02-17 07:34 AM
I have a couple of questions:
1. In the AP application form, there is a question on when you intend to travel. What should I enter there when I am only applying for some future travel and am not sure about the dates?
2. I had worked on OPT after my graduation before switching to H1 visa. So when I apply for EAD now, should I apply as a renewal applicant or a new applicant? Is OPT the same as EAD?
thanks.
1. Write unknown
2. New applicant, if you are applying under c09 category for the first time.
1. In the AP application form, there is a question on when you intend to travel. What should I enter there when I am only applying for some future travel and am not sure about the dates?
2. I had worked on OPT after my graduation before switching to H1 visa. So when I apply for EAD now, should I apply as a renewal applicant or a new applicant? Is OPT the same as EAD?
thanks.
1. Write unknown
2. New applicant, if you are applying under c09 category for the first time.
more...
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go_guy123
01-20 12:24 PM
Short pass plays
WEST COAST OFFENSE OVERVIEW (http://www.westcoastoffense.com/overview.htm)
Obama needs to stop Congress from doing the big comprehensive things and focus them on smaller and faster laws that help americans.
The current healthcare, climate change, immigration reform should be broken up in dozens of smaller bills. They will either pass or he can paint the republicans as siding with the Insurance companies to block access to healthcare for people with pre-existing conditions for example.
There are lots of parts in Healthcare, Energy, CIS, etc, that can pass right now and he should take a lead on that. Otherwise the base that voted for him in 2008 is not going to turn up in 2010.
- JZ
Rightly said all "Comprehensive" are a recipe for failures.
WEST COAST OFFENSE OVERVIEW (http://www.westcoastoffense.com/overview.htm)
Obama needs to stop Congress from doing the big comprehensive things and focus them on smaller and faster laws that help americans.
The current healthcare, climate change, immigration reform should be broken up in dozens of smaller bills. They will either pass or he can paint the republicans as siding with the Insurance companies to block access to healthcare for people with pre-existing conditions for example.
There are lots of parts in Healthcare, Energy, CIS, etc, that can pass right now and he should take a lead on that. Otherwise the base that voted for him in 2008 is not going to turn up in 2010.
- JZ
Rightly said all "Comprehensive" are a recipe for failures.
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06-07 01:42 AM
Never heard of this contest??
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faster - in one week.
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Raju
02-22 06:06 PM
Hello everyone,
I have a question abt the recent contributions. Of late i have seen a SHARP drop in contributions. Have we reached a plateau now, or are the contributions not updated live?
Also i have a question abt what the agreement is with QGA. Do they do nothing till we pay the $200k or do they do things in installments (like our immigration lawyers ;)). A lot of non members, but possibly potential contributors keep asking me abt the same. If the board can answer this question i would appreciate it. If you do not want to post that info on here, please send me a Private Message.
Why don't we sell some advertising space on immigrationvoice.org
I have a question abt the recent contributions. Of late i have seen a SHARP drop in contributions. Have we reached a plateau now, or are the contributions not updated live?
Also i have a question abt what the agreement is with QGA. Do they do nothing till we pay the $200k or do they do things in installments (like our immigration lawyers ;)). A lot of non members, but possibly potential contributors keep asking me abt the same. If the board can answer this question i would appreciate it. If you do not want to post that info on here, please send me a Private Message.
Why don't we sell some advertising space on immigrationvoice.org
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ita
11-19 09:20 AM
I saw some postings about AP wherein people got 3 AP papers.
Is it ok if you just get 2 AP papers?
Thank you.
Is it ok if you just get 2 AP papers?
Thank you.
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ItIsNotFunny
12-04 04:39 PM
Hope all is well there - I fly in there in 2 days.
It was more scare than reality. Security forces are searching....
It was more scare than reality. Security forces are searching....
jliechty
June 6th, 2005, 07:42 AM
Some colors are really hard to capture without blowing out in certain situations, like this. Other than spot metering (or pseudo-spot metering like Kevin suggests), what you could do is bracket more downward, and use a RAW converter that shows a three color histogram (I wish all cameras had three color histograms - those that do are either not right for me - Sigma SD10 - or expensive - D2x, 1DsMkII?) to ensure that you don't blow out any one channel in the conversion. Of course, you'll be pulling up the shadows more if you do this, so I hope your camera has good shadow noise performance (mine doesn't).
santb1975
02-13 11:48 PM
This doesn't feel good :o
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