iv4gc
07-29 02:15 PM
permfiling,
A lot folks want to use AC21 but lawyers suggest not actually filing AC21.
So if I take the AC21 approach, but not file AC21 itself (I know this sounds a bit off kilter) wouldn't I be just fine (assuming of course job profiles from Company A & B are a comparable)?
I believe this is the tack Company B lawyer is suggesting.
Here's something I read on another lawyers website w.r.t. AC21:
1. Since GC is for future job you can use AC21 with a new employer if job profile is same. You do not ever, in past/present or future, have to work for the sponsor company.
2. AC21 notification to USCIS is not a MUST requirement. There is an 'expectation' that USCIS will be informed.
Thanks,
A lot folks want to use AC21 but lawyers suggest not actually filing AC21.
So if I take the AC21 approach, but not file AC21 itself (I know this sounds a bit off kilter) wouldn't I be just fine (assuming of course job profiles from Company A & B are a comparable)?
I believe this is the tack Company B lawyer is suggesting.
Here's something I read on another lawyers website w.r.t. AC21:
1. Since GC is for future job you can use AC21 with a new employer if job profile is same. You do not ever, in past/present or future, have to work for the sponsor company.
2. AC21 notification to USCIS is not a MUST requirement. There is an 'expectation' that USCIS will be informed.
Thanks,
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MDix
02-04 09:05 PM
http://www.uscis.gov/USCIS/Resources/Reports%20and%20Studies/applications-for-benefits-2009-december.pdf
inderman
10-06 03:57 PM
How and when are we supposed to contact Ombudsman for help?
Are we supposed to wait first for some stipulated time or we can contact when our PD is current?
Thanks
Are we supposed to wait first for some stipulated time or we can contact when our PD is current?
Thanks
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rego
04-22 11:43 AM
My Regular H1 Extension (8th Year) was approved in one week, in March.
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lostinbeta
09-10 02:30 AM
Actually it is 3 seperate images all of which are .png images with transparency, all which use A/S. You are right though, they are small images and it is a small flash movie. I guess with something bigger it wouldn't be a good idea.
Thanks for the info david. Much appreciated:)
Thanks for the info david. Much appreciated:)
stones
06-30 05:46 PM
My OPT was ended on Dec 6th, 2008, I am a Ph.D graduate.
I got H1B approved (Company A - Technology Company - not software)from Oct 1st 2008 to august 1st 2011
I lost my job in September, 2008 and I moved to company B (Software), USCIS received my application at the end of October, 2008. It is still under process.
Recently in June, I moved to another job (Company C - non profit and very good institute). Now USCIS is aksing (I have time to provide this until July 20th) for paystubs in October to check my valid stay in US, which I do not have, I only had OPT Card and I20.
What is my Option now? Do they approve or ask me to go back to India and get stamped right away? or If they deny it now, what should I do? Please help me out. I paid $230 to sheila murthy before I got this job, she said they would either they approve, or they would ask me to get stamped by going India. Please help me out,
Thank You
I got H1B approved (Company A - Technology Company - not software)from Oct 1st 2008 to august 1st 2011
I lost my job in September, 2008 and I moved to company B (Software), USCIS received my application at the end of October, 2008. It is still under process.
Recently in June, I moved to another job (Company C - non profit and very good institute). Now USCIS is aksing (I have time to provide this until July 20th) for paystubs in October to check my valid stay in US, which I do not have, I only had OPT Card and I20.
What is my Option now? Do they approve or ask me to go back to India and get stamped right away? or If they deny it now, what should I do? Please help me out. I paid $230 to sheila murthy before I got this job, she said they would either they approve, or they would ask me to get stamped by going India. Please help me out,
Thank You
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sanjay
07-07 08:09 PM
mbawa,
We regard IV website as an important tool to reach our goal. Please be cautioned that if we find you damage our effort, we will be forced to ban you from this website.
IV Team
I will appreciate your action.
We regard IV website as an important tool to reach our goal. Please be cautioned that if we find you damage our effort, we will be forced to ban you from this website.
IV Team
I will appreciate your action.
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marcus12
01-26 05:17 PM
Hello Guys help me out
I have been in USA from last 3 years on student visa. I was first in 1 university and finished my Masters there and than moved to other university for 2nd master
Between the gap of transferring the school I started a small business online which went off good and is still going on. the beauty of business is that its everything online so it does not matter if I stay in USA or not.
Real problem is here: I just got engaged and getting married in June. So my wish is to bring my wife here for few months, show her around and than go back permanently.
University in which I am doing 2nd MS is not accredited and giving me hard time by saying that they will drop me off if I dont concentrate. Now I cannot go to school and attend classes because I have to handle the business.
Now I am thinking of leaving USA in April and leave the school too from between. These will give the end to student visa and the fees which I am paying every semester. Than I am thinking to apply back as a visitor visa in August which I will get for 10 years.
I dont want to stay here in USA just want to come from time to time as I like it here. My question is should I continue school and bring my wife on dependent visa or should I leave the school and apply for tourist visa again?
I see more changes in 2nd one because consulate can also understand that I didnt wanted to stay in USA even when my student visa was valid so why I will overstay on Tourist visa. Also I have good balance and good properties In India by my name. I am the only son to my parents
So I dont see any reason to get rejected?. But please give your suggestion
I have been in USA from last 3 years on student visa. I was first in 1 university and finished my Masters there and than moved to other university for 2nd master
Between the gap of transferring the school I started a small business online which went off good and is still going on. the beauty of business is that its everything online so it does not matter if I stay in USA or not.
Real problem is here: I just got engaged and getting married in June. So my wish is to bring my wife here for few months, show her around and than go back permanently.
University in which I am doing 2nd MS is not accredited and giving me hard time by saying that they will drop me off if I dont concentrate. Now I cannot go to school and attend classes because I have to handle the business.
Now I am thinking of leaving USA in April and leave the school too from between. These will give the end to student visa and the fees which I am paying every semester. Than I am thinking to apply back as a visitor visa in August which I will get for 10 years.
I dont want to stay here in USA just want to come from time to time as I like it here. My question is should I continue school and bring my wife on dependent visa or should I leave the school and apply for tourist visa again?
I see more changes in 2nd one because consulate can also understand that I didnt wanted to stay in USA even when my student visa was valid so why I will overstay on Tourist visa. Also I have good balance and good properties In India by my name. I am the only son to my parents
So I dont see any reason to get rejected?. But please give your suggestion
more...
nlssubbu
07-24 06:54 PM
This is FAQ from USCIS website:
Q1: Will USCIS reject a concurrently filed EB I-140/I-485 case if it is lacking a required Labor Certification?
A1. USCIS will not accept an I-140 based on a required labor certification application if the approved labor certification application is not submitted in connection with the filing. USCIS will not accept a concurrently filed Form I-485 if the required Form I-140 is rejected for lack of an approved labor certification application.
-----------------------------------------------
Anyone knows what that means? I have filed 140/485 concurrently on July 2nd 2007. However, I never received original LC document and my lawyer said it is okay to file 140 without original LC document, USCIS will collect it from DOL. Do you think this will affect me?
Thanks
In the past for my case, we do filed I-140 without the original labor certificate. They sent us an RFE for original labor, which then sent back along with approved original. I do not know whether USCIS are going to take a different stand now.
Thanks
Q1: Will USCIS reject a concurrently filed EB I-140/I-485 case if it is lacking a required Labor Certification?
A1. USCIS will not accept an I-140 based on a required labor certification application if the approved labor certification application is not submitted in connection with the filing. USCIS will not accept a concurrently filed Form I-485 if the required Form I-140 is rejected for lack of an approved labor certification application.
-----------------------------------------------
Anyone knows what that means? I have filed 140/485 concurrently on July 2nd 2007. However, I never received original LC document and my lawyer said it is okay to file 140 without original LC document, USCIS will collect it from DOL. Do you think this will affect me?
Thanks
In the past for my case, we do filed I-140 without the original labor certificate. They sent us an RFE for original labor, which then sent back along with approved original. I do not know whether USCIS are going to take a different stand now.
Thanks
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tdasara
11-20 12:57 AM
How long does it take for DATV (UK Transit Visa) to be approved? I'll be mailing my biometrics and application early next week and travel just before Christmas.
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prom2
09-28 08:18 AM
Hi Everyone
I got an RFE for my I140 filed in September 2006. They asked me to show my W2 for 2006 and also show that the employer had the ability to pay the offered wage in case my W2 is less than the offered wage.
My W2 has 8k less than the offered wage. My company has not yet filed 2006 Taxes. Can you tell me whats the best thing to do? My employer has good revenue, but I guess he has been showing a net loss every year.
Please help me out. Tell me if any of you have gone through similar issues.
Thanks!
1) Find a good lawyer with experience in ability to pay issues.
2) The company should prove ability to pay your LC salary since PD.
3) Because you are currently working for them, and your salary is 8k below, they should prove they have been paying your salary (W2) and also ability to pay the extra 8K/yr.
4) If the company had losses in 2006, but their net current assets were over 8K, it is ok.
BTW, what is your PD?
It is just an opinion, not an advise, please consult a lawyer with experience.
Good luck.
I got an RFE for my I140 filed in September 2006. They asked me to show my W2 for 2006 and also show that the employer had the ability to pay the offered wage in case my W2 is less than the offered wage.
My W2 has 8k less than the offered wage. My company has not yet filed 2006 Taxes. Can you tell me whats the best thing to do? My employer has good revenue, but I guess he has been showing a net loss every year.
Please help me out. Tell me if any of you have gone through similar issues.
Thanks!
1) Find a good lawyer with experience in ability to pay issues.
2) The company should prove ability to pay your LC salary since PD.
3) Because you are currently working for them, and your salary is 8k below, they should prove they have been paying your salary (W2) and also ability to pay the extra 8K/yr.
4) If the company had losses in 2006, but their net current assets were over 8K, it is ok.
BTW, what is your PD?
It is just an opinion, not an advise, please consult a lawyer with experience.
Good luck.
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permfiling
10-20 11:56 PM
Thank you Prashanthi for your reply.
I have a letter (it's in email format) that shows my lay-off is because of "lack of work". However, this letter is for the time before my GC was approved. I suppose that I need to get a letter from the company dated sometime after my GC approval date in order to present that in the time my citizenship process to justify that the job offer was not speculative; right?
That might also possible to get a letter from the company that shows they are willing to hire me in case there's a new project; thanks for your comment on this.
I think as Attorney Prashanthi mentioned, uscis might consider the current economic situation as well but b/w now and 5 yrs uscis might have updated laws too.
I have a letter (it's in email format) that shows my lay-off is because of "lack of work". However, this letter is for the time before my GC was approved. I suppose that I need to get a letter from the company dated sometime after my GC approval date in order to present that in the time my citizenship process to justify that the job offer was not speculative; right?
That might also possible to get a letter from the company that shows they are willing to hire me in case there's a new project; thanks for your comment on this.
I think as Attorney Prashanthi mentioned, uscis might consider the current economic situation as well but b/w now and 5 yrs uscis might have updated laws too.
more...
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kumarc123
06-14 08:23 AM
Hello My current Consultancy is not paying me well, they are holding $1000 from my monthly pay check. :( I have a long term contract with client where I am currently working. I am think of H1 Transfer to other consultancy.
I want to know is this the right time to go for H1 Transfer? :confused: Are H1 Transfers getting rejected?
What happens if my H1 transfer got rejected? My H1 with the existing will remain right? Will my current consultancy knows if my H1 Transfer is rejected?
H1 Transfer rejecting = H1 Visa rejection? :confused:
Please let me know.
Thanks a lot.
First of all it is illegal for them to haord any type of money.
Secondly if you don't have a green card process through them, or you do and you have your second step cleared and it has been more tan 180 days. You can the find a different employer and transfer, if your present employer tries to act smart, tell him you will call the labor department and inform about illegal practices in the company. Or best say, you will call senator Dubin's office.
Gone are the days when Desi employers can treat consultants like crap, they are jsut blood suckers.
Good Luck
I want to know is this the right time to go for H1 Transfer? :confused: Are H1 Transfers getting rejected?
What happens if my H1 transfer got rejected? My H1 with the existing will remain right? Will my current consultancy knows if my H1 Transfer is rejected?
H1 Transfer rejecting = H1 Visa rejection? :confused:
Please let me know.
Thanks a lot.
First of all it is illegal for them to haord any type of money.
Secondly if you don't have a green card process through them, or you do and you have your second step cleared and it has been more tan 180 days. You can the find a different employer and transfer, if your present employer tries to act smart, tell him you will call the labor department and inform about illegal practices in the company. Or best say, you will call senator Dubin's office.
Gone are the days when Desi employers can treat consultants like crap, they are jsut blood suckers.
Good Luck
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lostinbeta
09-10 02:30 AM
Actually it is 3 seperate images all of which are .png images with transparency, all which use A/S. You are right though, they are small images and it is a small flash movie. I guess with something bigger it wouldn't be a good idea.
Thanks for the info david. Much appreciated:)
Thanks for the info david. Much appreciated:)
more...
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outlook2
07-18 09:42 PM
They have not done any rejection yet. As per the recorded conference ( legal experts in the immigration ) they will accept all the application
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sbmallik
10-19 10:13 AM
Answers below:
1. Once the I-140 was approved on your behalf, you get to keep the priority date unless the petition is judged as fraud or misrepresentation (per this forum). This is true even if the employer revokes the approved I-140. Keep a copy of I-140 and you should be fine.
2. The job titile need not match exactly, only the category needs to be same (per your labor certification document) - please check out this link (http://www.flcdatacenter.com/OesWizardStart.aspx). Select your job category and locate the job code and make sure the new job has the 'similar' code.
3. Also, starting a new GC process is not linked with the existing I-140 in other words there is no temporal constraint.
4. Not heard about that.
1. Once the I-140 was approved on your behalf, you get to keep the priority date unless the petition is judged as fraud or misrepresentation (per this forum). This is true even if the employer revokes the approved I-140. Keep a copy of I-140 and you should be fine.
2. The job titile need not match exactly, only the category needs to be same (per your labor certification document) - please check out this link (http://www.flcdatacenter.com/OesWizardStart.aspx). Select your job category and locate the job code and make sure the new job has the 'similar' code.
3. Also, starting a new GC process is not linked with the existing I-140 in other words there is no temporal constraint.
4. Not heard about that.
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11-18 02:56 AM
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ksnlp
05-05 10:00 AM
If AP is approved. You can travel out of country, Your husband can send it later to you.
But if AP document somehow missed in mail or never reaceived. Thats the problem.
But if AP document somehow missed in mail or never reaceived. Thats the problem.
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ss2005
06-17 04:12 PM
Hi GCCovet,
Thank you.
I did H1 transfer and notified USCIS abt my new job.
My old guy is not going to revoke it and also agreed to use the same attorney.
Thank you.
I did H1 transfer and notified USCIS abt my new job.
My old guy is not going to revoke it and also agreed to use the same attorney.
mariner5555
04-03 04:09 PM
Hi,
My husband and my EAD and AP renewal time is approaching. We were thinking to do it ourselves but we don't know how to do it.
Could you please guide us in self filing?
a) Is there E- renewals? What about photographs for such renewals?
b) What documents are required for renewing?
c) Where can we find information regarding EAD and AP renewals?
Please help us. Thank you very much.
Regards,
Augustus.
o.k ..here is the link
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
let me ask something related ..guys please reply.
which is better - using efile or by sending the application by mail ?
if sending it by mail - do you have to go for fingerprinting ??
I guess - if we efile, then we have to go for FP ..gurus ..please reply Thanks in advance !!
My husband and my EAD and AP renewal time is approaching. We were thinking to do it ourselves but we don't know how to do it.
Could you please guide us in self filing?
a) Is there E- renewals? What about photographs for such renewals?
b) What documents are required for renewing?
c) Where can we find information regarding EAD and AP renewals?
Please help us. Thank you very much.
Regards,
Augustus.
o.k ..here is the link
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
let me ask something related ..guys please reply.
which is better - using efile or by sending the application by mail ?
if sending it by mail - do you have to go for fingerprinting ??
I guess - if we efile, then we have to go for FP ..gurus ..please reply Thanks in advance !!
rotucan
12-17 09:43 AM
I have good comments from Zhang Office
http://www.hooyou.com/index.html
I have my case with Tindall & Foster...:( I do not recommend them
good luck
http://www.hooyou.com/index.html
I have my case with Tindall & Foster...:( I do not recommend them
good luck
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