sirinme
12-20 05:45 PM
The same memo also talks about AC21 - to me, it sounds like those who qualify under AC21 can also get 7th year extension even though they are currently not on H1-B status. Could someone please clarify if I can now "recapture" my now-long-gone-H1B based on this memo and the following information?
- I had a H1B visa, whose 6 year period was going to expire in Dec 2005.
- In Oct 2005, I changed to a different employer using AC21 & EAD. So the H1B became void at that time.
Now, under the clarification by this memo, can I apply for the 7th year extension of my old H1B and switch back to that (rather than using EAD to work in US)?
- I had a H1B visa, whose 6 year period was going to expire in Dec 2005.
- In Oct 2005, I changed to a different employer using AC21 & EAD. So the H1B became void at that time.
Now, under the clarification by this memo, can I apply for the 7th year extension of my old H1B and switch back to that (rather than using EAD to work in US)?
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sweet23guyin
12-22 02:12 PM
I spent 3+ months after application with out a passport, because my earlier Indian passport was issued in Sweden and SF guys want clearance from Sweden.
The ugly part is SF guys don't know how to communicate to their brothers/sisters in Sweden! Every time I en-quire they show fingers at Sweden embassy.
I use to wake up 3 in the morning to find out what the issue is with Sweden folks; almost all the time the ans is 'they did not receive any such clearance request from SF and don't have any procedure for the so called Clearance...'
With two different time zones and no direct phone support for SF consulate, it was hell to deal with out talking to any one in SF. Their phone line is a joke.
After 100's of emails(count less phone calls middle of night) with both consulates with some ugly and strong wordings(some times literally begging!), finally they issued my passport. I felt so happy seeing that than when I got my GC....and I lost valuable time window to travel.
God bless all those who wants Indian passport renewal at SF
The ugly part is SF guys don't know how to communicate to their brothers/sisters in Sweden! Every time I en-quire they show fingers at Sweden embassy.
I use to wake up 3 in the morning to find out what the issue is with Sweden folks; almost all the time the ans is 'they did not receive any such clearance request from SF and don't have any procedure for the so called Clearance...'
With two different time zones and no direct phone support for SF consulate, it was hell to deal with out talking to any one in SF. Their phone line is a joke.
After 100's of emails(count less phone calls middle of night) with both consulates with some ugly and strong wordings(some times literally begging!), finally they issued my passport. I felt so happy seeing that than when I got my GC....and I lost valuable time window to travel.
God bless all those who wants Indian passport renewal at SF
rayoflight
04-13 05:50 PM
Great Job guys. I am proud to be an Active IV member.
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glus
06-20 07:24 AM
in short ,,they stop processing ur case once ur date rerogresses....!!!
Hi,
With all the respect this is not true; at least not all the time. As far as I know, and according to my observations, I485s are being pre-adjucated even if their priority dates are not current. They seem to work on such I 485s as far as they can, and once their priority dates become current, the USCIS information system flags them so that they can be adjucated. Sometimes, however, it takes a few months since USCIS has a backlog of I485s and some of the things like FPs must be done again. I have at least 2 friends who got approval a month after their PDs became current. In fact, on of them got a 3FP notice right after his PD became current, and 2 weeks later received the approval.
I think it all depends on many factors, but I would not agree with your statement that USCIS stops 485 processing once the PD retrogresses.
Regards,
Hi,
With all the respect this is not true; at least not all the time. As far as I know, and according to my observations, I485s are being pre-adjucated even if their priority dates are not current. They seem to work on such I 485s as far as they can, and once their priority dates become current, the USCIS information system flags them so that they can be adjucated. Sometimes, however, it takes a few months since USCIS has a backlog of I485s and some of the things like FPs must be done again. I have at least 2 friends who got approval a month after their PDs became current. In fact, on of them got a 3FP notice right after his PD became current, and 2 weeks later received the approval.
I think it all depends on many factors, but I would not agree with your statement that USCIS stops 485 processing once the PD retrogresses.
Regards,
more...
makemygc
08-21 10:18 AM
Office of Inspector General, they investigate all Labor Frauds
Can you reveal the name of this employer?
Can you reveal the name of this employer?
PD_Dec2002
06-19 02:24 PM
Yeah, how would I get the letter if he is not willing to.
Employer letter is not required if you are attaching photocopies of two current pay stubs.
Thanks,
Jayant
Employer letter is not required if you are attaching photocopies of two current pay stubs.
Thanks,
Jayant
more...
mammoy2k
09-10 06:58 PM
The reason Yates memo talks about significant wage diff is to determine whether job classification is the same. It is possible that someone working in IT as a programmer starts his own company/switches to another IT company and starts to do business development. Now there would be significant wage diff coz BDev people get paid more than an IT professional. In such a case USCIS would not allow AC21.
One quick question about salary limitation. Where is this mentioned. I went through the following link posted on this thread earlier ( see below). It says clearly no restrictions on wage. Please suggest, why is this a issue.
Please understand, i am trying to learn from others experience and definaltely not contradicting any one here.
http://www.murthy.com/news/UDac21qa.html#8
Q) If I change jobs, does the new employer have to pay the wage stated on the labor certification? TOP
No. As explained by the INS in the June 2001 Interim Guidance Memo, the new job does not have to be at the same wage level, nor is there any requirement that the new position pay a rate equal to the "prevailing" wage. The only restrictions are that the pay must be sufficient to demonstrate that the person will be self-supporting and not become a "public charge."
One quick question about salary limitation. Where is this mentioned. I went through the following link posted on this thread earlier ( see below). It says clearly no restrictions on wage. Please suggest, why is this a issue.
Please understand, i am trying to learn from others experience and definaltely not contradicting any one here.
http://www.murthy.com/news/UDac21qa.html#8
Q) If I change jobs, does the new employer have to pay the wage stated on the labor certification? TOP
No. As explained by the INS in the June 2001 Interim Guidance Memo, the new job does not have to be at the same wage level, nor is there any requirement that the new position pay a rate equal to the "prevailing" wage. The only restrictions are that the pay must be sufficient to demonstrate that the person will be self-supporting and not become a "public charge."
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Lisap
09-03 01:24 PM
My PD is Aug 2005. My employer by mistake sent the 485 application on June 27 and USCIS received on June 28. Today Aug 21, I received the rejected 485 full package back. Employer is following up whether it can sent back. Anybody has any idea of any luck in this case, or has to wait till dates are current again?:mad:
Has there been any updates on your case?
Has there been any updates on your case?
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rdehar
07-17 10:55 AM
Almond: what browser are you using ?
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quizzer
08-14 07:42 PM
I have a pending AOS (I-485) application
filed by my previous employer (company A). The I-140 is approved and is well
past 180 days. I moved from company A to company B in late April
2008. They did an H1 transfer and filed for AOS portability under
AC21. I did not like the role there, so had planned a move to Company C, my current employer - again H1 transfer and AC21 (yet to
be filed). Just before I moved, I got another offer from company D
(which I believe best fits my long term career interests). I would've
avoided the hop to company C had I not given the notice to leave at
Company B. Now, I am looking to move to company D at the earliest (perhaps in a month). I have
been at company C for 4 weeks now.
Question:
Should company C file an AC21? Since there is already an AC21 on file (by
company B) and if I will move to company D, can I reduce one additional AC21
filing? This is just so that there aren't 3 Ac21s filed and to avoid
making me look frivolous. Please advice. If its safer to file it, I
can request an AC21 filing soon from company C.
I'm not sure about your question. I want to congratulate you on getting multiple offers in this economy.
Just curious to know your skill set and location?
All the best!!!
filed by my previous employer (company A). The I-140 is approved and is well
past 180 days. I moved from company A to company B in late April
2008. They did an H1 transfer and filed for AOS portability under
AC21. I did not like the role there, so had planned a move to Company C, my current employer - again H1 transfer and AC21 (yet to
be filed). Just before I moved, I got another offer from company D
(which I believe best fits my long term career interests). I would've
avoided the hop to company C had I not given the notice to leave at
Company B. Now, I am looking to move to company D at the earliest (perhaps in a month). I have
been at company C for 4 weeks now.
Question:
Should company C file an AC21? Since there is already an AC21 on file (by
company B) and if I will move to company D, can I reduce one additional AC21
filing? This is just so that there aren't 3 Ac21s filed and to avoid
making me look frivolous. Please advice. If its safer to file it, I
can request an AC21 filing soon from company C.
I'm not sure about your question. I want to congratulate you on getting multiple offers in this economy.
Just curious to know your skill set and location?
All the best!!!
more...
db_greencard
10-02 12:44 PM
Applied to TSC on July 23rd, got a transfer notice on Sep 28th. I applied for I131, EAD/I485. My Checks got cleared. My EAD/AP receipt still says CA, but I think they are sending I485 to original I140 apporved center ...for me TSC.
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number30
04-01 06:29 PM
I am in serious trouble, please read and comment if you can help.
- Spouse (Primary) and I filed I 485 in June 2007. (PD March 2004)
- Spouse Application is approved in July 2008
- Spouse changes employers after approval
- In October 08 we write to the law firm that initially filed the I 485 to withdraw their representation.
- In Nov 08 the Law firm incorrectly writes to USCIS to with draw the I 485 application.
- In March 08 I get an email from USCIS stating my application is withdrawn.
I obtained the notice of withdrawal and the notice says
'As a result of your request, your application is considered withdrawn, and it will recieve no further consideration by USCIS. There is no appeal to this decision.'
Neither I nor my wife have authorized the attorney to withdraw the application, we only wanted them to withdraw their representation (I have the letter we wrote to them and it clearly states it.)
what can we do.
Is it possible to reinstate our case?
Can we refile my AOS again, even thought the primary applicants green card is approved more than 6 months ago?
Go to the Local office and talk to them. Send an e-mail expalining the situation and attach the mail you sent to the attorney.
- Spouse (Primary) and I filed I 485 in June 2007. (PD March 2004)
- Spouse Application is approved in July 2008
- Spouse changes employers after approval
- In October 08 we write to the law firm that initially filed the I 485 to withdraw their representation.
- In Nov 08 the Law firm incorrectly writes to USCIS to with draw the I 485 application.
- In March 08 I get an email from USCIS stating my application is withdrawn.
I obtained the notice of withdrawal and the notice says
'As a result of your request, your application is considered withdrawn, and it will recieve no further consideration by USCIS. There is no appeal to this decision.'
Neither I nor my wife have authorized the attorney to withdraw the application, we only wanted them to withdraw their representation (I have the letter we wrote to them and it clearly states it.)
what can we do.
Is it possible to reinstate our case?
Can we refile my AOS again, even thought the primary applicants green card is approved more than 6 months ago?
Go to the Local office and talk to them. Send an e-mail expalining the situation and attach the mail you sent to the attorney.
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ramineni11
05-17 04:56 PM
Yes, I told so many people the same when they asked me "what to do". And left it upto them.
So I assume you told this to your neighbor who lives downstairs :D
So I assume you told this to your neighbor who lives downstairs :D
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felix31
01-31 03:44 PM
FYI: USCIS does not charge for Visa Lottery... It's FREE.
Yes sir, they do.
If you are chosen and pass the first screening, when they ask for documents you are also sending application fee that is around 500$. And GC is still not guranteed if the chosen applicant cannot persuade IO he will settle successfully. You need to show the ties, someone to help you with the job, show the moneys for the first few months, etc etc..
I personally know several people who were refused based on their family size and that they would be below poverty line if they immigrate into US.
Go figure!
GC lottery is the biggest joke ...
BTW, application fees are nonrefundable..
Yes sir, they do.
If you are chosen and pass the first screening, when they ask for documents you are also sending application fee that is around 500$. And GC is still not guranteed if the chosen applicant cannot persuade IO he will settle successfully. You need to show the ties, someone to help you with the job, show the moneys for the first few months, etc etc..
I personally know several people who were refused based on their family size and that they would be below poverty line if they immigrate into US.
Go figure!
GC lottery is the biggest joke ...
BTW, application fees are nonrefundable..
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gg10004
06-26 03:31 PM
I initially went to FedEx/Kinkos new jersey, paid 50 bucks for myself and wife 6 copies each. Photos were horrible with yellow tinge, though they were of the correct specs. I refused to accept it, but they said if there are any issues they will be glad to help, but I had to pay for their crap.
Then I went to Sears, around 60$ for 6 copies each for myself and wife. The prints were excellent, waterproof and not retouched. They printed it out on immigration specified sheets. Only catch was I had to cut out the photos myself, they are not allowd to cut them.
Folks
where are you guys taking these? Fedex kinko's would be fine? any pointers in the NY-NJ area?
Thanks
Then I went to Sears, around 60$ for 6 copies each for myself and wife. The prints were excellent, waterproof and not retouched. They printed it out on immigration specified sheets. Only catch was I had to cut out the photos myself, they are not allowd to cut them.
Folks
where are you guys taking these? Fedex kinko's would be fine? any pointers in the NY-NJ area?
Thanks
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xela
01-15 10:05 AM
sent letter to WH and copy to IV
more...
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Berkeleybee
02-28 09:02 PM
All,
I'll be attending this meeting with Zoe Lofgren's staff. It would be great if we got a new volunteer --someone who hasn't been to a lawmaker meeting and wants to learn how to run one.
best
Berkeleybee
I'll be attending this meeting with Zoe Lofgren's staff. It would be great if we got a new volunteer --someone who hasn't been to a lawmaker meeting and wants to learn how to run one.
best
Berkeleybee
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vghc
07-25 01:34 PM
Probably he wants to quit his employer, move on to a better paying job and do all that you have asked him to do :)
Couldn't be that bad, he still have time to post something here. :D
Couldn't be that bad, he still have time to post something here. :D
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bestia
08-31 11:23 PM
you are assuming he has applied for 485. If he has not, (ie. started labor in 2004) then until atleast July he would be in the same boat. If his LC is still in BEC (remember 30K are still stuck there); then all of this applies to him even after July VB fiasco!
Well.. this is how I understood "He applied for his so-called green card, [...], in 2004" if it means LC, then the article is correct. but then "eight years ago" - doesn't make sense.
BTW, the link works without 'www' (stone to abc's IT guys)
http://abcnews.go.com/Business/story?id=3526093&page=1
Well.. this is how I understood "He applied for his so-called green card, [...], in 2004" if it means LC, then the article is correct. but then "eight years ago" - doesn't make sense.
BTW, the link works without 'www' (stone to abc's IT guys)
http://abcnews.go.com/Business/story?id=3526093&page=1
RajForGC
06-07 12:10 PM
EB3 140 is already approved on Jan 2006, we re-applied 140 again on EB2 but got the Priority date of EB3 for EB2 of Sep 2005. But I Think priority date is only for Labor not 140, so my 140 for EB2 is still May 21 isn't it?
shoooker
04-09 12:56 PM
Guys.. i'm sick of this nonsense.. I mean this is ridiculous.. this is my second go around in this stupid lottery.. last year I hadn't graduated so they put me in the bachelors quota.. this year the freaking masters quota is full.. i have a genuine offer from one of the big 4 accounting firms.. and have work experience to back it up
i'm sick of these consultant firms.. i wish I could work for the uscis and weed out these miserable cheapsters.. 6 years toiling in their education system, paying the damn taxes, and waiting for 1 smart person to come along and tell them its time to take care of these consultant companies and their consultants who get the jobs based on deceit and conmanship..
simple non sense.. random selection .. my behind..
I really feel like sending flowers to the uscis similar to what the indian folks did last year..
i'm sick of these consultant firms.. i wish I could work for the uscis and weed out these miserable cheapsters.. 6 years toiling in their education system, paying the damn taxes, and waiting for 1 smart person to come along and tell them its time to take care of these consultant companies and their consultants who get the jobs based on deceit and conmanship..
simple non sense.. random selection .. my behind..
I really feel like sending flowers to the uscis similar to what the indian folks did last year..
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