inthehole
07-25 03:50 PM
I am trying to send AC21 letter to USCIS through my attorney. My attorney want the LC filing papers from my previous employer.(so that he can prove that my current job is same or similar)
So if we change our job using EAD, do we need to have LC filing paper from our ex employer for invoking AC21?.
So if we change our job using EAD, do we need to have LC filing paper from our ex employer for invoking AC21?.
485Mbe4001
10-01 01:14 PM
http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf
page 37-44 ...
I always thought that i would never have this problem, i spent time worry about PD being current, medicals, certificates and the rest, i have a normal name/country etc, no history, no parking tickets etc. Most of the people are just like me, they never think they will face this issue, and end up getting stuck. As the report mentions there is a lack of funding and resources.
BTW mallu, if they are watching you, just go and talk to them...tell them to clear your file, it will save them some time and ease our pain too :D
no the point is, CHECKING itself is taking 2-3 years. Why would they start keeping a watch on someone if he/she is not a suspect? There are literally millions of pending applications, they cant keep a watch on everyone.
The reason for slow name checks was discussed earlier somewhere (Ombudsmans report?): lack of resources and interest on the FBI side of things.
page 37-44 ...
I always thought that i would never have this problem, i spent time worry about PD being current, medicals, certificates and the rest, i have a normal name/country etc, no history, no parking tickets etc. Most of the people are just like me, they never think they will face this issue, and end up getting stuck. As the report mentions there is a lack of funding and resources.
BTW mallu, if they are watching you, just go and talk to them...tell them to clear your file, it will save them some time and ease our pain too :D
no the point is, CHECKING itself is taking 2-3 years. Why would they start keeping a watch on someone if he/she is not a suspect? There are literally millions of pending applications, they cant keep a watch on everyone.
The reason for slow name checks was discussed earlier somewhere (Ombudsmans report?): lack of resources and interest on the FBI side of things.
gbof
11-20 09:01 PM
Come one folks. Since posting this, I had another beautiful addition to my family and then a minor surgery. Any insights or opinion will be highly appreciarted.
Congrats on your family addition. Any advise on your AOS is really dicey-- more so, when uscis follows their own rules at their whims. Even if they decided favorably for someone, no body can be sure what the IO handling your case decides. I will say play safe and go by the advise of an experienced attorney.
Congrats on your family addition. Any advise on your AOS is really dicey-- more so, when uscis follows their own rules at their whims. Even if they decided favorably for someone, no body can be sure what the IO handling your case decides. I will say play safe and go by the advise of an experienced attorney.
john2255
10-21 01:48 PM
bump
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rani77
02-02 09:25 AM
Its been over 3 weeks since my wife have H4 interview and the passport is still under "admin processing". This week her AP came and I have mailed it to her and now we want to get the passport back and travel on AP.
Now if anyone knows or done the process of getting the passport back from Delhi Consulate, can they please explain?
Thx
She cant use her AP to reenter as her AP was approved when she was out of the country. So no use getting the passport back , the processof getting her passport back is wiritng to them that you are withdrawing your visa application but i would suggest not to do that as in your case AP would not her help for re enry.
Now if anyone knows or done the process of getting the passport back from Delhi Consulate, can they please explain?
Thx
She cant use her AP to reenter as her AP was approved when she was out of the country. So no use getting the passport back , the processof getting her passport back is wiritng to them that you are withdrawing your visa application but i would suggest not to do that as in your case AP would not her help for re enry.
eagerr2i
11-06 03:28 PM
Here is the link with the clarification released on Jun 6th By Michael Aytes, Astt Director of USCIS regarding Non Cap h1B's
http://149.101.23.2/graphics/lawsregs/handbook/AC21C060606.pdf
These roles qualify for non cap H1B's
* Renewals of existing H1b's
* If are working for a not for profit institution
* If you are working for a institute of higher education ( as defined by the US education act of 1964, institutes like 2 yr and 4 year colleges and some high schools which have teacher education programs with schools of education in these colleges) or a government research institution or a company associated with the above institutions where the primary objective of the company is to supplement the mission of the institutions, example would be a company providing research assistants to a reseach medical hospital. In this case the company is not cap exempt but the job involves the institution that is cap exempt.
What kind of institution will your wife be a financial analyst in?
I am not an attorney, pls consult an attorney regarding your specific case. Hope this information helps.
http://149.101.23.2/graphics/lawsregs/handbook/AC21C060606.pdf
These roles qualify for non cap H1B's
* Renewals of existing H1b's
* If are working for a not for profit institution
* If you are working for a institute of higher education ( as defined by the US education act of 1964, institutes like 2 yr and 4 year colleges and some high schools which have teacher education programs with schools of education in these colleges) or a government research institution or a company associated with the above institutions where the primary objective of the company is to supplement the mission of the institutions, example would be a company providing research assistants to a reseach medical hospital. In this case the company is not cap exempt but the job involves the institution that is cap exempt.
What kind of institution will your wife be a financial analyst in?
I am not an attorney, pls consult an attorney regarding your specific case. Hope this information helps.
more...
Ramba
10-05 05:01 PM
getting rejected in EB2 does not impact your case for EB3 (they might look up that older file and see that it was rejected because of education qualification for EB2, but does qualify for EB3).
You will probably get an RFE at I-140 time. USCIS will either reject this case, in which case you will lose this complete GC process and need to restart from scratch (so you'll lose maybe 1 years worth of place in the queue). Or they might ask you to accept this in EB3, in which case you dont lose your LC and the PD that goes with it.
If it is certain that he/she is not eligible for EB2, why should apply in EB2 and get denied. It is better to apply in EB3 to get it approved. The best option is apply in EB3 now. After few years (once he got 5 year exp), apply new LC and 140 with EB2 and transfer the PD. That will be the wise decision. In the current situation, it is funny to talk about EB2 and EB3 for a persion with PD 2007, particularly Indian orgin.
You will probably get an RFE at I-140 time. USCIS will either reject this case, in which case you will lose this complete GC process and need to restart from scratch (so you'll lose maybe 1 years worth of place in the queue). Or they might ask you to accept this in EB3, in which case you dont lose your LC and the PD that goes with it.
If it is certain that he/she is not eligible for EB2, why should apply in EB2 and get denied. It is better to apply in EB3 to get it approved. The best option is apply in EB3 now. After few years (once he got 5 year exp), apply new LC and 140 with EB2 and transfer the PD. That will be the wise decision. In the current situation, it is funny to talk about EB2 and EB3 for a persion with PD 2007, particularly Indian orgin.
Canadian_Dream
11-30 05:51 PM
Document mailed for I-131 means actual Advance Parole document is mailed.For I-485 it could be RFE, based on what is written below the status. Like we have requested additional evidence etc.
Canadian_Dream
Does the status 'Document mailed to applicant' mean a RFE?.:eek:
Canadian_Dream
Does the status 'Document mailed to applicant' mean a RFE?.:eek:
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delhiguy79
10-23 01:07 PM
Thanks for ur reply... but i ve already bought the ticket...so shud i buy another one-way ticket :confused:
rockstart
01-08 12:28 PM
Posting IV Wiki page link on Birth Certificates
US I-485 RFE Birth Certificate - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/US_I-485_RFE_Birth_Certificate#External_Reference_Links )
US I-485 RFE Birth Certificate - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/US_I-485_RFE_Birth_Certificate#External_Reference_Links )
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pappu
03-31 03:50 PM
Congrats
bluekayal
03-18 02:50 PM
I wonder if my child who only has ITIN will get the $300..probably not ...Waste of money to apply for EAD for a 10 yr old!
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smuggymba
07-28 01:14 PM
Came to US in 2004. But never was after GC. Applied in Feb 2008 EB2. So does not look like will get my GC in next couple of years.
'cooler' has well said that value of GC has changed as life has progressed. Now thinking of going back as parents getting older. Plus daughter has US citizenship. If she wants to come back here, that is her privilege.
Completing 40 SS credits next year. So can return after that. Bought home in 2006 at the peak of the buble so getting out of the house is probably the only hurdle left.
40SS credits won't get you SS after retirement if you're not a US Citizen then. Just so you know. India does not have a SS act with US and vice versa.
'cooler' has well said that value of GC has changed as life has progressed. Now thinking of going back as parents getting older. Plus daughter has US citizenship. If she wants to come back here, that is her privilege.
Completing 40 SS credits next year. So can return after that. Bought home in 2006 at the peak of the buble so getting out of the house is probably the only hurdle left.
40SS credits won't get you SS after retirement if you're not a US Citizen then. Just so you know. India does not have a SS act with US and vice versa.
gg_ny
11-06 05:14 AM
Employers need to have already declared whether their sponsoring of H1B's result in use of available numbers or exempted from it. They need to substantiate, I believe, with tax documents among other things. The applicant, or USCIS does not decide the category; rather, USCIS can deny an application if it deems an organization, and/or rarely, a position, is NOT 'not for profit': Eg. fully non-profit RD wing of a commercial company rarely gets
designated as non-profit and the H1B's are mostly within the cap.
No, those are just examples. Essentially, an H1-B working for any not-for-profit organization is exempt from the cap. Universities, goverment agencies, university medical hospitals are well-known examples that fit this description. Private sector organizations will not qualify in most cases. The key question you have to ask yourself to determine if you are eligible for an exemption is "Does this organization operate with the motive of profit ?". Of course, as always you will need to consult an attorney for a definite answer if you are not sure.
designated as non-profit and the H1B's are mostly within the cap.
No, those are just examples. Essentially, an H1-B working for any not-for-profit organization is exempt from the cap. Universities, goverment agencies, university medical hospitals are well-known examples that fit this description. Private sector organizations will not qualify in most cases. The key question you have to ask yourself to determine if you are eligible for an exemption is "Does this organization operate with the motive of profit ?". Of course, as always you will need to consult an attorney for a definite answer if you are not sure.
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lazycis
12-21 05:20 PM
The visa bulletin reads "..Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. "
Does this mean 7 % limit per country is set to combined total of FB and EB category and not just EB? Also, does this mean 25,620 annual visa can be allotted for either one of these preferences, EB or FB?:confused:
I have heard earlier that EB preference limit per country is ~9,800. How true does it stand by sections in INA?
Nothing is confusing here.
140,000 * 0.07 = 9,800 (EB1+EB2+EB3+EB4+EB5) (28.6% + 28.6% + 28.6% +7.1 % + 7.1 % =100%)
Are we not high-skilled? :)
Does this mean 7 % limit per country is set to combined total of FB and EB category and not just EB? Also, does this mean 25,620 annual visa can be allotted for either one of these preferences, EB or FB?:confused:
I have heard earlier that EB preference limit per country is ~9,800. How true does it stand by sections in INA?
Nothing is confusing here.
140,000 * 0.07 = 9,800 (EB1+EB2+EB3+EB4+EB5) (28.6% + 28.6% + 28.6% +7.1 % + 7.1 % =100%)
Are we not high-skilled? :)
bigboy007
10-11 01:31 PM
Consult with your current company immigration attorney and find out why your current job will not qualify for EB2.
Just in case start your EB3 GC and port your PD to this new GC I-140. That will help you with the H1B renewal for 3 years. You have got 14 more months. you should be able to get I-140 filed by then, do a premium for I-140 to get it approved by the time you renew your H1B.
Renewing your H1B based on the revoked I-140 would be risky.
Did USCIS sent you any notice that your 485 is not valid ?
Just in case start your EB3 GC and port your PD to this new GC I-140. That will help you with the H1B renewal for 3 years. You have got 14 more months. you should be able to get I-140 filed by then, do a premium for I-140 to get it approved by the time you renew your H1B.
Renewing your H1B based on the revoked I-140 would be risky.
Did USCIS sent you any notice that your 485 is not valid ?
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chakalov
09-19 07:40 PM
here is the deal:
if Durbin wants to pass the DREAM act he will need Cornyn support. If Cornyn wants to pass his SKILL act he will need Durbin support. Now we all know that on its own Cornyn will never support the DREAM act and Durbin will never support the SKILL bill. The question is will they be able to cut a deal and support each others bills. The answer is maybe. Note that about a month ago there was a vote on the SKILL bill and it didnt pass simply because no Democrat voted for it. It is not because no democrat supports the bill but because of partisan tactics. There was simply no bill on the Democrats side to offset the Cornyn amedment so they decided to bring it down. Now the sitiations is different. There is a Democratic bill that can make up for the SKILL bill. So if the DREAM act passes there is pretty good chance for the SKILL act will pass too.
if Durbin wants to pass the DREAM act he will need Cornyn support. If Cornyn wants to pass his SKILL act he will need Durbin support. Now we all know that on its own Cornyn will never support the DREAM act and Durbin will never support the SKILL bill. The question is will they be able to cut a deal and support each others bills. The answer is maybe. Note that about a month ago there was a vote on the SKILL bill and it didnt pass simply because no Democrat voted for it. It is not because no democrat supports the bill but because of partisan tactics. There was simply no bill on the Democrats side to offset the Cornyn amedment so they decided to bring it down. Now the sitiations is different. There is a Democratic bill that can make up for the SKILL bill. So if the DREAM act passes there is pretty good chance for the SKILL act will pass too.
JunRN
08-11 06:58 PM
True again. The problem will come during naturalization. Reasons why you change employers will be asked and scrutinized.
LostInGCProcess
11-06 02:54 PM
If I renew my H1B can I avoid visa stamping by using the AP travel document.
You can use AP to travel and still be on H status, provided you are working for the same employer.
I still intend to use my H1B as long as I stay with my current employer, but If I want to change employers or take a different job EAD would be the way to go, in that case would my H1B be invalidated?
Yes. However, you can ask the new employer to sponsor you H1b and avoid using EAD.
I am concerned if I use EAD for a future job and 485 gets into trouble can I fall back to my H1B easily?
Its better to maintain H1 status till you get the GC.
You can use AP to travel and still be on H status, provided you are working for the same employer.
I still intend to use my H1B as long as I stay with my current employer, but If I want to change employers or take a different job EAD would be the way to go, in that case would my H1B be invalidated?
Yes. However, you can ask the new employer to sponsor you H1b and avoid using EAD.
I am concerned if I use EAD for a future job and 485 gets into trouble can I fall back to my H1B easily?
Its better to maintain H1 status till you get the GC.
cbpds
08-03 06:27 PM
you missed on one fav diet control idea ---drinking Green tea :)
delhikadesi
07-17 12:33 AM
By writing about H1b (rather myself) I think I just got carried away with my emotions...but I did not edit it...atleast my emotions are better then their myths...
Here is what I posted in their comments section.
............
I am SHOCKED to see the H1B facts posted on your website!!!.
Please get your facts right before quoting something out for public to read an interpret.
Any misinformation regrading already sensitive issues in totally inappropriate and unjustified.
Lawful non-immigrants are already facing lots of misrepresentation, you and people who may believe in your news should understand that any H1B is not a threat...infact any competition is not a threat.
If knowledge was a threat then mankind would not have evolved to this stage today.
Hope that you will agree by my thoughts and in case of any concerns, revert your questions to my email.
Thanks
Here is what I posted in their comments section.
............
I am SHOCKED to see the H1B facts posted on your website!!!.
Please get your facts right before quoting something out for public to read an interpret.
Any misinformation regrading already sensitive issues in totally inappropriate and unjustified.
Lawful non-immigrants are already facing lots of misrepresentation, you and people who may believe in your news should understand that any H1B is not a threat...infact any competition is not a threat.
If knowledge was a threat then mankind would not have evolved to this stage today.
Hope that you will agree by my thoughts and in case of any concerns, revert your questions to my email.
Thanks
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