nogc_noproblem
04-09 04:34 PM
If your I-140 is approved and if your I485 is pending for more than 180 days, you can move to a new employer. In such case you can use your valid EAD for the employment with the new employer OR you can transfer your valid H1B to the new employer. AC21 is about just informing USCIS about your job change, no matter whether you are using EAD and H1 transfer.
Note:
- Informing USCIS is not mandatory, it is a gray area.
- 180 days waiting period is just to be on the safer side. After 180 days of filing I485, invoking of approved I140 by your previous employer will not have any effect.
Hope it is clear.
If you are planning to work on EAD, then you are not using AC21.
Is my understanding correct?
Note:
- Informing USCIS is not mandatory, it is a gray area.
- 180 days waiting period is just to be on the safer side. After 180 days of filing I485, invoking of approved I140 by your previous employer will not have any effect.
Hope it is clear.
If you are planning to work on EAD, then you are not using AC21.
Is my understanding correct?
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franklin
07-05 02:49 PM
The other thing I don't understand is how come EB-1 and EB-2 which are current (for ROW) atleast can suddenly become U. See my reasoning above. It doesn't matter, the visa numbers were used up. EB3 ROW gobbled up the ROW quotient when retrogression was eased in May and June
Did USCIS stop paying attention to EB-2 vs EB-3 classification? If you are talking about ROW, it doesn't matter. There were no backlogs in processing EB2
How about country limits? Did USCIS give India more than 3K visas? I'd imagine so 7% of 140k is 9800
Also, aren't the visas released quarterly? So, how come the visas that were to be released in July, got consumed in June? Now that is a good question
See answers in purple
Did USCIS stop paying attention to EB-2 vs EB-3 classification? If you are talking about ROW, it doesn't matter. There were no backlogs in processing EB2
How about country limits? Did USCIS give India more than 3K visas? I'd imagine so 7% of 140k is 9800
Also, aren't the visas released quarterly? So, how come the visas that were to be released in July, got consumed in June? Now that is a good question
See answers in purple
DSLStart
07-28 03:13 PM
AP is a very important document for re-entry incase if you don't have backup such as valid H1B visa. Have read quite a few cases here of people who wait till the last day for applying the renewal and then crying when an emergency occurs and they don't have valid a AP. It is in our best interest to apply it 120 days before its expiration date.
We are planning to go to India in the last week of September. My current AP expires by Oct 10. Hence applying for a new one. How long are AP approvals taking now a days at TSC.
Thanks in advance
-Krishna
We are planning to go to India in the last week of September. My current AP expires by Oct 10. Hence applying for a new one. How long are AP approvals taking now a days at TSC.
Thanks in advance
-Krishna
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krishna_brc
02-18 12:46 PM
My Indian employer offered me to continue working from home from US. Is that legal to do when you are in the US on an H4 visa? Thanks..
If you get salary in INR which is credited to your Indian Bank A/c
then you should be fine.
If you get salary in USD credited to US Bank A/C then its ILLEGAL.
Thanks,
Krishna
If you get salary in INR which is credited to your Indian Bank A/c
then you should be fine.
If you get salary in USD credited to US Bank A/C then its ILLEGAL.
Thanks,
Krishna
more...
gcwait2007
03-24 06:47 PM
Hello All,
Had a qstn. Is it good enough to take just the offer letter from the current co and latest paystub to the consulate in Chennai to stamp H1B ? Its for a friend of mine and he is a first time H1B applicant. Problem is if he puts in a req to the HR for exp letter they will ask him a reason and the reason will be printed on top of the letter, and obviously he cant ask for a letter to US consulate for H1B since they will come to know he has intentions to leave.
I am sure a lot of people would have been in similar situation. Did not find any other thread that discussed this issue, so in case there is one please point it out to me otherwise any suggestions would eb welcome.
Thanks,
ampudhukode
Your friend needs to carry all the original degree certificates, original job offer letter from the US company, his resume, H1-B approval, original past experience certificates as mentioned in the resume.
The Embassy official will look at the H1-B approval, original degree certificates, glance thru passport, check the offer letter, check the H1-B approval and may opt to check the experience certificates.
Had a qstn. Is it good enough to take just the offer letter from the current co and latest paystub to the consulate in Chennai to stamp H1B ? Its for a friend of mine and he is a first time H1B applicant. Problem is if he puts in a req to the HR for exp letter they will ask him a reason and the reason will be printed on top of the letter, and obviously he cant ask for a letter to US consulate for H1B since they will come to know he has intentions to leave.
I am sure a lot of people would have been in similar situation. Did not find any other thread that discussed this issue, so in case there is one please point it out to me otherwise any suggestions would eb welcome.
Thanks,
ampudhukode
Your friend needs to carry all the original degree certificates, original job offer letter from the US company, his resume, H1-B approval, original past experience certificates as mentioned in the resume.
The Embassy official will look at the H1-B approval, original degree certificates, glance thru passport, check the offer letter, check the H1-B approval and may opt to check the experience certificates.
baburob2
10-07 08:11 PM
My son is a US citizen/passport holder and we are planning on applying for a PIO for him at the SFO consulate. I have the following questions on how he could use the PIO card
1. How can he use the PIO card to enter and exit India?
a. Does he simply show the PIO card, US passport to enter and exit India?
2. Incase if the PIO card processing takes a lot of time I know that he can apply for visa. I was wondering anyone has experience on how visa could be applied if PIO processing takes a long time at the SFO consulate.
a. Do they return the PIO application and its supporting documents before visa could be applied?
b. Should a new visa application+visa supporting documents need to be resent for getting a Indian visa?
1. How can he use the PIO card to enter and exit India?
a. Does he simply show the PIO card, US passport to enter and exit India?
2. Incase if the PIO card processing takes a lot of time I know that he can apply for visa. I was wondering anyone has experience on how visa could be applied if PIO processing takes a long time at the SFO consulate.
a. Do they return the PIO application and its supporting documents before visa could be applied?
b. Should a new visa application+visa supporting documents need to be resent for getting a Indian visa?
more...
vdlrao
05-11 04:35 PM
smuggymba / getgreensoon1 / vdlrao
While I am touched by your concern for EB1 fraud and how it impacts EB3, i would hazard a guess that the OP was a troll OP and does not merit any answers
EB1 Spill Over --> EB2 with oldest priority dates --> EB2 ROW --> --> EB3 with oldest priority dates(India & China) -->EB3 ROW.
Believe me, stopping EB1C fraud directly helps EB3 India.
.
While I am touched by your concern for EB1 fraud and how it impacts EB3, i would hazard a guess that the OP was a troll OP and does not merit any answers
EB1 Spill Over --> EB2 with oldest priority dates --> EB2 ROW --> --> EB3 with oldest priority dates(India & China) -->EB3 ROW.
Believe me, stopping EB1C fraud directly helps EB3 India.
.
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skalra
03-19 11:06 PM
If you have advance parole, check with your lawyer if you can use AP to come back. Now that you applied for stamping, AVR is out of question but AP is still an option.
I am going to Toronto next month and was thinking of getting my visa stamped, but after hearing few horror stories, I am inclined towards using AVR or AP to come back.
I am going to Toronto next month and was thinking of getting my visa stamped, but after hearing few horror stories, I am inclined towards using AVR or AP to come back.
more...
paskal
06-13 04:41 PM
Looks like you are in a rush .. You filed your labor in 2007 and expect to get a GC before a guy who is waiting in EB3 from 2002 0r 2003 ?
There is nothing wrong in converting from EB3 to EB2 , if you are qualified . How long you are going to wait in EB3 ?
By the way I m Eb2 2006.
nothing wrong in convering if one is eligible.
here is the problem though....each one can judge for themselves, i'm just presenting the facts:
EB2 requires an advanced degree- lets say it takes anadditional 3 years
EB3 can join a job after bachelors and get a PD. 5 years later switch jobs and claim EB2 with teh experience with the old PD
now suddenly the original EB2 filer is behind- his/her years spent getting the advanced degree count for nothing. the PD is 3 years behind the EB3 filer. so the experience suddenly trumps the education because and only because the EB3 filer could file sooner.
the law of the land gives preference to people with advanced degrees.
it allows substitution with experience. so far so good. the problem is the direct PD portability that hands a significant advantage to the EB3 converters ie experience over degree- an unintended consequence of this.
you can argue that it should be FIFO. maybe it should. but as of now the prefence is for advanced degrees and the ability to "upgrade" puts those who choose to get the advanced degrees at a disadvantage. they spend extra years waiting too- and unable to file and get a PD. and without an income. and then get penalized for it.
this whole PD thing is in many ways simply nonsensical. in any case country quotas and LC subs make mockery of it.
so....
There is nothing wrong in converting from EB3 to EB2 , if you are qualified . How long you are going to wait in EB3 ?
By the way I m Eb2 2006.
nothing wrong in convering if one is eligible.
here is the problem though....each one can judge for themselves, i'm just presenting the facts:
EB2 requires an advanced degree- lets say it takes anadditional 3 years
EB3 can join a job after bachelors and get a PD. 5 years later switch jobs and claim EB2 with teh experience with the old PD
now suddenly the original EB2 filer is behind- his/her years spent getting the advanced degree count for nothing. the PD is 3 years behind the EB3 filer. so the experience suddenly trumps the education because and only because the EB3 filer could file sooner.
the law of the land gives preference to people with advanced degrees.
it allows substitution with experience. so far so good. the problem is the direct PD portability that hands a significant advantage to the EB3 converters ie experience over degree- an unintended consequence of this.
you can argue that it should be FIFO. maybe it should. but as of now the prefence is for advanced degrees and the ability to "upgrade" puts those who choose to get the advanced degrees at a disadvantage. they spend extra years waiting too- and unable to file and get a PD. and without an income. and then get penalized for it.
this whole PD thing is in many ways simply nonsensical. in any case country quotas and LC subs make mockery of it.
so....
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TomPlate
07-11 01:59 PM
sundevil you pig
glus you moose idiot.
get lost man you guys.
they should send you back to India with the red ration card.
glus you moose idiot.
get lost man you guys.
they should send you back to India with the red ration card.
more...
thomachan72
10-29 04:05 PM
NRE accounts--> interest earned is not taxable in India but has to be reported in your 1040 here.
NRO accuont--> earns very high interest rates (was 11%) just a few months ago. There will be TDS but you can file an income tax return and claim the amount that they deducted above what you would be taxed.
For eg:- if your total interest earned is 100,000 they would withhold upto 30% of it (may be lesser depending upon your situation). When you file your returns your total income is only 100,000 which is below the taxable limits and therefor you will be returned all that was witheld. Only those with interests >180,000 per anum will really lose money.
Some people split accounts and try to hide interest income. This is not advisable if you ever want to repatriate the interest income. Once you have payed required taxes on the interest you can repatriate any amount of interest income to the US. Many people use this as a source of regular income.
NRO accuont--> earns very high interest rates (was 11%) just a few months ago. There will be TDS but you can file an income tax return and claim the amount that they deducted above what you would be taxed.
For eg:- if your total interest earned is 100,000 they would withhold upto 30% of it (may be lesser depending upon your situation). When you file your returns your total income is only 100,000 which is below the taxable limits and therefor you will be returned all that was witheld. Only those with interests >180,000 per anum will really lose money.
Some people split accounts and try to hide interest income. This is not advisable if you ever want to repatriate the interest income. Once you have payed required taxes on the interest you can repatriate any amount of interest income to the US. Many people use this as a source of regular income.
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sunty
11-05 03:37 PM
You are not as bad as you think. Read USCIS guidance on the subject. If your I-140 is not approved by 180 days, you can still use AC21. In that case, the adjudicator while looking at your I-485, sees if filed I-140 was approvable. If so, you are good to go, provided you can prove that you have a new same/similar job offer.
For USCIS guidance see Page 3, Q1 at: http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
Thanks jsb....I didn't know this....But I think its still better if I wait for 140 approval...Then atleast one other uncertainty will be removed from my GC journey...Hopefully it would only take a month or two more than normal processing time for my 140...If it gets delayed further, then I might use it anyways..It's nice to know though that I have an option..Thanks again
For USCIS guidance see Page 3, Q1 at: http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
Thanks jsb....I didn't know this....But I think its still better if I wait for 140 approval...Then atleast one other uncertainty will be removed from my GC journey...Hopefully it would only take a month or two more than normal processing time for my 140...If it gets delayed further, then I might use it anyways..It's nice to know though that I have an option..Thanks again
more...
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nk2006
07-04 04:00 PM
Another possible example here: I heard a case where one labor led to TWO green cards. My understanding this is not possible and might have happened because of the rush USCIS was approving cases.
A friend of mine got 485 approval on June 29th. He was not expecting it to be approved for a specific reason: his company applied his GC using a pre-approved labor. The original labor was with a differnet person who left the company after his 485 was pending for six months (during retrogession time). That person later joined a company and eventually got his 485 approved. Meanwhile the company applied for the I140 withdrawal and simultaneously went ahead applying for I140 and 485 for my friend (he played along since nothing worse going to happen to anyone; and he had a complicated visa situation). They were not hopeful of approval but suddenly they saw the approval on June 29th.
Who knows how many more irregularities happened there during last two weeks.
A friend of mine got 485 approval on June 29th. He was not expecting it to be approved for a specific reason: his company applied his GC using a pre-approved labor. The original labor was with a differnet person who left the company after his 485 was pending for six months (during retrogession time). That person later joined a company and eventually got his 485 approved. Meanwhile the company applied for the I140 withdrawal and simultaneously went ahead applying for I140 and 485 for my friend (he played along since nothing worse going to happen to anyone; and he had a complicated visa situation). They were not hopeful of approval but suddenly they saw the approval on June 29th.
Who knows how many more irregularities happened there during last two weeks.
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GCSOON-Ihope
10-17 02:15 PM
This shouldn't be a problem if you are a law obeying citizen :D How do you find out the status of the FBI name clearance? You wait until PD becomes current and nothing happens then place an inquiry with BCIS?
Thanks!
This is indeed exactly what I did. After my PD (01/2002) became current on 09/01, I waited two weeks then inquired about the status of my case: the first time, they told me they were still waiting for the FBI name check to clear and, the second time to find out that the name check had been pending since...08/2004 (when I filed I-485):mad: :mad: :mad: :mad: :mad:
Thanks!
This is indeed exactly what I did. After my PD (01/2002) became current on 09/01, I waited two weeks then inquired about the status of my case: the first time, they told me they were still waiting for the FBI name check to clear and, the second time to find out that the name check had been pending since...08/2004 (when I filed I-485):mad: :mad: :mad: :mad: :mad:
more...
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yabadaba
05-22 09:03 AM
Sounds like a great positive move with Patton Boggs
this was really old news. its been on our front page for a number of months now. I was just pointing out to members to please read the front page for updated information.
this was really old news. its been on our front page for a number of months now. I was just pointing out to members to please read the front page for updated information.
dresses Print page
Robert Kumar
02-25 12:04 PM
The moment your H-1 is rejected and you dont have another underlying petition, you are technically out of status. You could apply for another H, but with a Consular Processing request. In other words you will be asked to leave the country and get a stamping before you start work again.
And not to affect your long term stay in the country, it is better to leave the country immediately.
One of my friends case was pending for more than 6 months with USCIS for H1B renewal, masters, and working at a client place. The employer checked with USCIS and they give a message " that the case needs further investigation".
What does this mean.
And not to affect your long term stay in the country, it is better to leave the country immediately.
One of my friends case was pending for more than 6 months with USCIS for H1B renewal, masters, and working at a client place. The employer checked with USCIS and they give a message " that the case needs further investigation".
What does this mean.
more...
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LC2002
09-23 09:58 PM
I am July 23rd concurent Filer (Texas service Center), day before yesterday received FP notice but no other reciepts. wrote email to Lawyer to update.
Guys, According to following URL, it seems that all july filers should get the RN by now irrespective of the processing centers. I am 24th July filer but still did not get the RNs so far. Are other ppl also in same boat? Please let me know. I am worried now.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ace7ec20cfbd4110VgnVCM1000004718190aRCR D
Guys, According to following URL, it seems that all july filers should get the RN by now irrespective of the processing centers. I am 24th July filer but still did not get the RNs so far. Are other ppl also in same boat? Please let me know. I am worried now.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ace7ec20cfbd4110VgnVCM1000004718190aRCR D
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hopelessGC
01-21 04:38 PM
The fact that you are moving to a new employer using your EAD is in essence using the AC-21 portability provision. This new employer will now have to support your AC-21 claim.
You don't have to do anything further. In case employer A revokes your I-140, then USCIS might send an NOID. This can be easily reversed by sending in your AC-21 documents via the new employer.
There is no such thing as "continuing your GC process with your old employer" in your case. It is only true if you are working for your new employer using H1-B or other type of a visa, NOT EAD.
If anyone has doubts about what I said then please correct me.
You don't have to do anything further. In case employer A revokes your I-140, then USCIS might send an NOID. This can be easily reversed by sending in your AC-21 documents via the new employer.
There is no such thing as "continuing your GC process with your old employer" in your case. It is only true if you are working for your new employer using H1-B or other type of a visa, NOT EAD.
If anyone has doubts about what I said then please correct me.
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ragnarok
07-19 01:42 PM
Hello
I'm not sure if this is the right place to post, but I believe we've been waiting too long.
Information:
Receipt Number: eAC02080xxxx
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case Transfered to Another Office for Processing
On September 7, 2005, we transferred this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our WASHINGTON, DC location for processing and sent you a notice explaining this action. Please follow the instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, call customer service at 1-800-375-5283 to update your address. You can use our processing dates to estimate when your case may be processed by following the link below. You can also receive automatic e-mail updates as we process your case by registering in the link below.
I'm sorry, but I do not know a lot about I485.
But my status hasn't changed in forever!
last year we took our fingerprints.
please help.
I'm not sure if this is the right place to post, but I believe we've been waiting too long.
Information:
Receipt Number: eAC02080xxxx
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case Transfered to Another Office for Processing
On September 7, 2005, we transferred this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our WASHINGTON, DC location for processing and sent you a notice explaining this action. Please follow the instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, call customer service at 1-800-375-5283 to update your address. You can use our processing dates to estimate when your case may be processed by following the link below. You can also receive automatic e-mail updates as we process your case by registering in the link below.
I'm sorry, but I do not know a lot about I485.
But my status hasn't changed in forever!
last year we took our fingerprints.
please help.
diqingshen
04-09 10:23 AM
We must think about what we do after CIR fails.
nogc_noproblem
04-09 04:50 PM
1. Supporting Letter
2. Employment Verification Letter from New Employer
3 Copies of the Pay stubs from new employer
4. Relevant portions of AC21
5. Memo on August 4 th 2003 from William R Yates
6. Copy of I-485 filing receipt notice for your name
7. Copy of I-140 approval notice.
8. Copy of I-485 filing receipt notice for your dependants (if any)
Hi Gurus,
I have got a new job and the company is asking me to work on EAD. Could anyone please tell me how to use AC21. do i need to fill any forms and is there any approval process involved ?
2. Employment Verification Letter from New Employer
3 Copies of the Pay stubs from new employer
4. Relevant portions of AC21
5. Memo on August 4 th 2003 from William R Yates
6. Copy of I-485 filing receipt notice for your name
7. Copy of I-140 approval notice.
8. Copy of I-485 filing receipt notice for your dependants (if any)
Hi Gurus,
I have got a new job and the company is asking me to work on EAD. Could anyone please tell me how to use AC21. do i need to fill any forms and is there any approval process involved ?
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