fionaapple20
11-27 03:56 PM
My questions that I posted in a similar thread:
- Can one be unemployed and just wait out the 180 days before invoking AC21? Can a person be unemployed before the 180 days elapse? What happens if person is unable to find a job before 180 days?
- Can one transfer to another employer on H1 (but let USCIS know after 180 days have elapsed)? Can the person find a new job, change H1s and then wait for 180 days to send in a letter to USCIS?
- Can one be unemployed and just wait out the 180 days before invoking AC21? Can a person be unemployed before the 180 days elapse? What happens if person is unable to find a job before 180 days?
- Can one transfer to another employer on H1 (but let USCIS know after 180 days have elapsed)? Can the person find a new job, change H1s and then wait for 180 days to send in a letter to USCIS?
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RajWantsGC
05-12 10:59 PM
Thanks Roger for the reply. Mine was 3 years degree. So they mentioned that it is not equvilent to U.S. Bachelor degree. They did not have any issue with my experience which is more than 5 years.
bidhanc
03-07 10:28 AM
You will get an RFE from USCIS.You can reply to the RFE with the Medicals.
Hi,
Yes, I am aware that once we get the RFE we could/should send the Medical papers.
My Q is more of pro-actively sending in the Medical Papers as they will expire by June 2008 and we are not sure that there will be an RFE before that.
Thanks
Hi,
Yes, I am aware that once we get the RFE we could/should send the Medical papers.
My Q is more of pro-actively sending in the Medical Papers as they will expire by June 2008 and we are not sure that there will be an RFE before that.
Thanks
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hope123
12-22 06:05 AM
Appreciate all of your valuable inputs.
I am able to check my I-485 receipt date on uscis.gov. How can we know the notice date. As per my employer they sent it on July2nd and we know USCIS moved those dates again back and forth. When we are counting 180 days do we start counting from I-485 notice date or receipt date?
If my current employer agrees that I am moving to the new employer using my EAD and he don't object anything.. I heard if we use AC21 we may get RFE's for what is the current job description and all. Do I have to use AC21?
I am able to check my I-485 receipt date on uscis.gov. How can we know the notice date. As per my employer they sent it on July2nd and we know USCIS moved those dates again back and forth. When we are counting 180 days do we start counting from I-485 notice date or receipt date?
If my current employer agrees that I am moving to the new employer using my EAD and he don't object anything.. I heard if we use AC21 we may get RFE's for what is the current job description and all. Do I have to use AC21?
more...
nave_kum
07-19 09:26 PM
[QUOTE=srsrsr]Hello everyone!
I am planning to apply I-140 and I-485 simultaneously. My problem is, Can I change my job after 180 days of applying my I-485 and without using my EAD? I am not married yet and I have a valid H1B. Please help!
Thanks,
Raj[/QUOTE
If u dont use ur EAD for the first 6 months, then u can join the new employer any time using ur H1B. But immediately after the date of EAD activation, u will need to stick with the corresponding employer for the next 6 mnths.
I am planning to apply I-140 and I-485 simultaneously. My problem is, Can I change my job after 180 days of applying my I-485 and without using my EAD? I am not married yet and I have a valid H1B. Please help!
Thanks,
Raj[/QUOTE
If u dont use ur EAD for the first 6 months, then u can join the new employer any time using ur H1B. But immediately after the date of EAD activation, u will need to stick with the corresponding employer for the next 6 mnths.
roseball
04-03 02:49 PM
I have the RFE, it doesn't state the exact instead mentions 12 weeks from the date of this letter. And the date of the letter is Jan 8, 2008
Just have them reply to the RFE at the earliest...Usually, they take a few days after the deadline to re-process the case...They might consider your reply, even if its late by a few days, if they already did not take action/deny your petition....If they already denied your petition before the response reaches them, they you will have to file a MTR, which takes quite a while and also you cannot use I-485 benefits till a decision is made....Also, make sure a cover letter is sent along with the response mentioning the reason for the delay (like u said substantial changes to company financials)....Bottomline, reply at the earliest....Good luck.....
Just have them reply to the RFE at the earliest...Usually, they take a few days after the deadline to re-process the case...They might consider your reply, even if its late by a few days, if they already did not take action/deny your petition....If they already denied your petition before the response reaches them, they you will have to file a MTR, which takes quite a while and also you cannot use I-485 benefits till a decision is made....Also, make sure a cover letter is sent along with the response mentioning the reason for the delay (like u said substantial changes to company financials)....Bottomline, reply at the earliest....Good luck.....
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govindk
11-01 12:48 PM
I guess USCIS is counting 90 days from the notice date though USCIS website clearly state that the 90 days are from filing. I called USCIS several times and every time i got the answer that the system is not allowing them to file service request as 90 days are not completed.
My lawyers also replied and said that the USCIS is counting 90 days from notice date.
Service Center - NSC
Filed - July 26th
RD - July 27th
Notice Date - Aug 31st
FP - Oct 10th
LUD on 485 - Oct 18th
No LUD on AP/EAD yet.
My lawyers also replied and said that the USCIS is counting 90 days from notice date.
Service Center - NSC
Filed - July 26th
RD - July 27th
Notice Date - Aug 31st
FP - Oct 10th
LUD on 485 - Oct 18th
No LUD on AP/EAD yet.
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jcrajput
09-29 07:00 PM
I have filed I485 on July 2nd. It was reached on July 2nd at NSC at 7.00 AM sign by R. Williams.
Today I received my entire application back with "REJECTED" status.
On Reject notice it has mentioned as below:
------
The application you filed along with any fee you submitted is being returned to you for the following reason(s):
x Based on the information you provided, your prority date could not be established. please resubmit your application with the proper documentation to the address listed on the bottom of this notice.
The following document may be provided.
Your Original form I-130 (Petition for Alien Relative) if you are filing concurrently; or
Your Original For I-360 (Petition for Ameriasian, Widow(er) or Special Immigrant) if you are filing concurrently; or
A copy of your form I-797, (Notice of action) if the petition has already been filed/approved; or
Other evidence than an immigration visa petition has been filed/approved on your behalf.
---------------------------------
Here below is my I-140 detail:
Category : EB2
Receipt date: 12/11/2006
PD : 10/04/2006
Approved from: NSC
-----------------------------
My employer has filed I-485 application on behalf of me and they have attacehd I-140 COPY with the application.
It looks like they have overlook the I-140 copy and neglect that.
Can anybody give me some idea about following:
1. How I can re-submit my application?
2. Is there anyone can provide me template of cover letter or at least give me some idea about what to put in cover letter.
I really appericiate your response and help. Thanks a lot.
Today I received my entire application back with "REJECTED" status.
On Reject notice it has mentioned as below:
------
The application you filed along with any fee you submitted is being returned to you for the following reason(s):
x Based on the information you provided, your prority date could not be established. please resubmit your application with the proper documentation to the address listed on the bottom of this notice.
The following document may be provided.
Your Original form I-130 (Petition for Alien Relative) if you are filing concurrently; or
Your Original For I-360 (Petition for Ameriasian, Widow(er) or Special Immigrant) if you are filing concurrently; or
A copy of your form I-797, (Notice of action) if the petition has already been filed/approved; or
Other evidence than an immigration visa petition has been filed/approved on your behalf.
---------------------------------
Here below is my I-140 detail:
Category : EB2
Receipt date: 12/11/2006
PD : 10/04/2006
Approved from: NSC
-----------------------------
My employer has filed I-485 application on behalf of me and they have attacehd I-140 COPY with the application.
It looks like they have overlook the I-140 copy and neglect that.
Can anybody give me some idea about following:
1. How I can re-submit my application?
2. Is there anyone can provide me template of cover letter or at least give me some idea about what to put in cover letter.
I really appericiate your response and help. Thanks a lot.
more...
Sirisian
08-28 03:27 PM
I'd like to see a zombie and a zombie hunter smilie. That would be sweet. I'm still working on a smiley to enter.
//Edit here...
Actually can someone make this smaller? I'm not a very good pixel artist so I just shrunk a stargate and edited it so that the chevrons showed up. It's a little goa'uld standing at the gate with glowing eyes. Doesn't show up on my CRT. Someone with an LCD might be able to see it. Also the gate doesn't look pixelated like it should.
http://www.kirupa.com/forum/picture.php?albumid=25&pictureid=103
//Edit here...
Actually can someone make this smaller? I'm not a very good pixel artist so I just shrunk a stargate and edited it so that the chevrons showed up. It's a little goa'uld standing at the gate with glowing eyes. Doesn't show up on my CRT. Someone with an LCD might be able to see it. Also the gate doesn't look pixelated like it should.
http://www.kirupa.com/forum/picture.php?albumid=25&pictureid=103
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sxk
11-19 02:12 AM
Hello All,
I just got my EAD approved and I am waiting for my AP. I want to go back to school full time to pursue more education. If I do so, what will happen to my immigration status?
Can I continue on my EAD? If yes, How?
If I transfer to F-1, what will happen to my PD, EAD and AP?
After completion of studies, can I utilize my PD or EAD?
Please advice!
I just got my EAD approved and I am waiting for my AP. I want to go back to school full time to pursue more education. If I do so, what will happen to my immigration status?
Can I continue on my EAD? If yes, How?
If I transfer to F-1, what will happen to my PD, EAD and AP?
After completion of studies, can I utilize my PD or EAD?
Please advice!
more...
dealsnet
12-06 07:21 AM
My wife got all the AP paperback after her return from India. One AP have stamp. Two AP papers are not touched.
Multiple entry AP allow you to enter many times. You will get 3 copies, of which 1 will be retained by the Airlines, 2nd at the POE, 3rd after stamping back to you by the Officer. You can use the 3rd one for the subsequent trips and do not hand it over to anyone. (Request the Airlines and Officer to take copies of it, if they want).
If you have time and money during your trip back home, you may get your H1 visa stamp, but it is not necessary.
Thanks
Multiple entry AP allow you to enter many times. You will get 3 copies, of which 1 will be retained by the Airlines, 2nd at the POE, 3rd after stamping back to you by the Officer. You can use the 3rd one for the subsequent trips and do not hand it over to anyone. (Request the Airlines and Officer to take copies of it, if they want).
If you have time and money during your trip back home, you may get your H1 visa stamp, but it is not necessary.
Thanks
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yabadaba
09-26 09:02 PM
Cool down yabadaba. No need to generalise stuff.
There are cases where people who are qualified to be in EB2 were put in EB3 for xyz reasons. To assume that everyone who does a category switch or PD switch or labor substitution is exploiting the system is an incorrect assumption.
OP feels he is in bad shape - the least you can do is to be a nice person and either ignore his post or to give him moral support at the least.
Regarding what my views are about what has pissed you off so much, well, this is not the right thread to talk about it - so I'll keep it to myself.
OP - If you can provide more details about your case, it will be helpful.
what exactly is it then if it is not exploitation of the system? time and time again we have line jumpers which ends up causing problems for the other indians. time and time again we hear the crab story and thats what we have become collectively. if u didnt file in the category you are in for whatever reason, be it that your lawyer thought of playing it safe or whatever...you are in that category now. just wait in line for your turn.
There are cases where people who are qualified to be in EB2 were put in EB3 for xyz reasons. To assume that everyone who does a category switch or PD switch or labor substitution is exploiting the system is an incorrect assumption.
OP feels he is in bad shape - the least you can do is to be a nice person and either ignore his post or to give him moral support at the least.
Regarding what my views are about what has pissed you off so much, well, this is not the right thread to talk about it - so I'll keep it to myself.
OP - If you can provide more details about your case, it will be helpful.
what exactly is it then if it is not exploitation of the system? time and time again we have line jumpers which ends up causing problems for the other indians. time and time again we hear the crab story and thats what we have become collectively. if u didnt file in the category you are in for whatever reason, be it that your lawyer thought of playing it safe or whatever...you are in that category now. just wait in line for your turn.
more...
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dpp
06-28 03:03 PM
dpp,
I dont know why its wrong for you. sounds very logical to me. Dont bring in the discussion of unnecessary current employment verification. The letter has to state that the employer is willing to hire him as a future employee. NOT RIGHT NOW. So the title has to be the title stated in the PERM/Labor Cert
Do you know what letters you want for filing I-485 for yourself and spouse?
If not, here it is. Employer needs to give 2 letters,
1) Employment verification letter --- this is from current employment where you are working now
2) Employment offer letter. ---- this is from the future employer who filed your PERM
Please check with others before you comment on my words.
I dont know why its wrong for you. sounds very logical to me. Dont bring in the discussion of unnecessary current employment verification. The letter has to state that the employer is willing to hire him as a future employee. NOT RIGHT NOW. So the title has to be the title stated in the PERM/Labor Cert
Do you know what letters you want for filing I-485 for yourself and spouse?
If not, here it is. Employer needs to give 2 letters,
1) Employment verification letter --- this is from current employment where you are working now
2) Employment offer letter. ---- this is from the future employer who filed your PERM
Please check with others before you comment on my words.
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frostrated
07-11 12:09 PM
I see dark every where for EB3 until we do something there is no hope guys.....
This is really suc...............
actually, i think that the EB3 will also make rapid advances come October.
with the quota exhausted for this year, and the pre-adjudication taking place and with most of the EB3 India applicants having received their GC between 2002 and 2005, i think the dates will advance to 2003 by Dec and to mid 2004 by Feb/March. After that, it is anyone's guess if the quota for India will hold out. As for me, I see at least another year or two wait for my GC, unless the Congress passes a miracle.
This is really suc...............
actually, i think that the EB3 will also make rapid advances come October.
with the quota exhausted for this year, and the pre-adjudication taking place and with most of the EB3 India applicants having received their GC between 2002 and 2005, i think the dates will advance to 2003 by Dec and to mid 2004 by Feb/March. After that, it is anyone's guess if the quota for India will hold out. As for me, I see at least another year or two wait for my GC, unless the Congress passes a miracle.
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rbalaji5
02-09 05:08 PM
Link - The link is not working..
Krishna/Sri, could you give me the correct link.
Thanks Krishna / Sri for very useful information. I will try this option before the other ones.
Thank you very much.
Krishna/Sri, could you give me the correct link.
Thanks Krishna / Sri for very useful information. I will try this option before the other ones.
Thank you very much.
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asterix
02-23 10:00 AM
a large number of thsoe "extra" GC were schedule A recaptures and did not affect most applicants. so really it was by profession not by country.
Here is e.g. for 2002 again this excludes schedule A here is the breakdown for india
EB1 - 3K
EB2 - 21K
EB3 - 17.5K
EB4 - 0.3K
EB5 - 0
EB Total - 41K
Am I missing something?
Here is e.g. for 2002 again this excludes schedule A here is the breakdown for india
EB1 - 3K
EB2 - 21K
EB3 - 17.5K
EB4 - 0.3K
EB5 - 0
EB Total - 41K
Am I missing something?
more...
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hetuweb
08-31 08:17 PM
Dear friends
I'm very excited to say that I got my green card approved. Thank you for all of your support.
My status change will not change a bit of my support to IV. I will continue to contribute what I contribute now, until we are sucessful. I'm not successful, until everyone of you is not successful in pursuing your green card. I hope and pray that my stand will motivate non contributing friends to contribute.
Friends and folks, we did not have any organization to support ourselves. So far we had to take anything shoved upon us. But the emergence of IV changed all that. Contribute and support IV. Because IV is our voice!!!
thanks
babu
CONGRATS BABU
I'm very excited to say that I got my green card approved. Thank you for all of your support.
My status change will not change a bit of my support to IV. I will continue to contribute what I contribute now, until we are sucessful. I'm not successful, until everyone of you is not successful in pursuing your green card. I hope and pray that my stand will motivate non contributing friends to contribute.
Friends and folks, we did not have any organization to support ourselves. So far we had to take anything shoved upon us. But the emergence of IV changed all that. Contribute and support IV. Because IV is our voice!!!
thanks
babu
CONGRATS BABU
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GCStatus
09-04 12:30 AM
Like any new documents which we dont have now?
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trueguy
08-09 02:49 PM
Come on give EB3ers a break. 2 things. it is weekend, and secondly a lot will not be excessively active because there is nothing in the horizon for us to look forward to.
Point taken....:)
Point taken....:)
Jerrome
11-21 03:31 PM
you have mentioned that you were traveling from India to USA. So the staff took the i-94 which you NEWLY got after you landed in USA . If that is the case then it is a problem. Consult a lawyer. It is not stolen or lost.It may go to USCIS that you are going out of country.
fide_champ
09-08 12:21 PM
My company lawyers have been preparing for the last 5 months to file for my PERM application. After completing the recruitment stage and getting ready to file, they for some reason have come to the conclusion that the high number of resumes received could land the company in trouble for this case plus future applications.
Has anybody seen this before. Is there any precedence that a company that receives large number of resumes for the position might cause issues? Even if they have done the due diligence to review all resumes and interview candidates that they deemed fit? Still not finding anybody worthwhile?
Any comments/ assistance would be most appreciated.
Thanks
Usually companies find a way to get around this situation and file a green card for the employee. They might have feared that they may get scrutinized due to the weak economy if they file PERM. The company lawyer might have advised the company to do so. So i guess get a good immigration attorney if you can make that choice.
Has anybody seen this before. Is there any precedence that a company that receives large number of resumes for the position might cause issues? Even if they have done the due diligence to review all resumes and interview candidates that they deemed fit? Still not finding anybody worthwhile?
Any comments/ assistance would be most appreciated.
Thanks
Usually companies find a way to get around this situation and file a green card for the employee. They might have feared that they may get scrutinized due to the weak economy if they file PERM. The company lawyer might have advised the company to do so. So i guess get a good immigration attorney if you can make that choice.
