vin13
01-30 08:52 AM
H1 getting cancelled should not affect your Green Card.
You should be able to change as many times as you want. There is no rule. I have changed jobs twice using AC21.
Keep a copy of the AC21 letter and pay stubs, that was submitted by the lawyer for your reference.
There are no clear guidelines or rules for using AC21. As you may already know, there is no need for submitting the AC 21 letter either. So use your judgement.As long as you are working in the similar job type GC process should go fine.
You should be able to change as many times as you want. There is no rule. I have changed jobs twice using AC21.
Keep a copy of the AC21 letter and pay stubs, that was submitted by the lawyer for your reference.
There are no clear guidelines or rules for using AC21. As you may already know, there is no need for submitting the AC 21 letter either. So use your judgement.As long as you are working in the similar job type GC process should go fine.
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mrdelhiite
07-01 04:06 PM
Thanks a lot guys .
-M
-M
Hermione
10-04 02:47 PM
My understanding is that USCIS pre-adjudicates every application and requests fingerprint/namecheck, even if the dates are not current. It is done to weed out denials right away - you don't need to wait for PD to become current to be denied.
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learning01
05-08 01:51 PM
And extensions and extensions. No worry. That's it. I am suggesting that the easy way suggested is not the way.
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tampacoolie
06-27 06:51 PM
I completed my medicals on 06/25/07. I am getting my I-693 from doctor tomorrow.
Prashanthi
07-22 05:57 PM
Hello,
My H1B was approved 3 weeks back i.e on July 1st and also received approval notice from USCIS on July 5th in USPS mail
But today I have received the status change from Approved to Document mailed from USCIS online system
Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER
Current Status: DOCUMENT OTHER THAN CARD OR TRAVEL DOCUMENT MAILED TO APPLICANT
On July 21, 2009, your document I129, PETITION FOR A NONIMMIGRANT WORKER was processed and mailed to the address on record. If you have not received it within 30 days of July 21, 2009, contact our customer service at 1-800-375-5283. If you move while your case is pending, please use our Change of Address online tool to update your address.
what does it mean ?
Thanks in Advance
The USCIS system if often messed up, as long as you have received your approval you are good to work on H-1. In rare cases they may decide to send an notice to revoke after they approve the case since they have overlooked something. I would not worry until i actually get such a notice, also you can have your employer call national customer service to make sure everything is okay with your approval.
My H1B was approved 3 weeks back i.e on July 1st and also received approval notice from USCIS on July 5th in USPS mail
But today I have received the status change from Approved to Document mailed from USCIS online system
Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER
Current Status: DOCUMENT OTHER THAN CARD OR TRAVEL DOCUMENT MAILED TO APPLICANT
On July 21, 2009, your document I129, PETITION FOR A NONIMMIGRANT WORKER was processed and mailed to the address on record. If you have not received it within 30 days of July 21, 2009, contact our customer service at 1-800-375-5283. If you move while your case is pending, please use our Change of Address online tool to update your address.
what does it mean ?
Thanks in Advance
The USCIS system if often messed up, as long as you have received your approval you are good to work on H-1. In rare cases they may decide to send an notice to revoke after they approve the case since they have overlooked something. I would not worry until i actually get such a notice, also you can have your employer call national customer service to make sure everything is okay with your approval.
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LostInGCProcess
11-01 03:40 PM
I received an RFE for my EAD renewal.
It says "Please submit proof that you have filed an I-485 Application"
I have a copy of my receipt of I-485. Would that be enough to send? Why would they ask for proof of I-485? This is my second EAD renewal.
Please let me know.
Thanks.
It says "Please submit proof that you have filed an I-485 Application"
I have a copy of my receipt of I-485. Would that be enough to send? Why would they ask for proof of I-485? This is my second EAD renewal.
Please let me know.
Thanks.
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BEC_fog
12-11 09:31 AM
http://immigrationvoice.org/forum/showthread.php?t=16031
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buehler
03-01 01:15 PM
Hello Gurus,
I am planning to apply for EAD and AP. Debating myself if I have to go with e-filing or paper based. Some one told me, paper based DOES NOTrequired biometrics where as E-filing DOES need biometrics? Could you please shed some light on this?
Thanks,
neeidd,
I had applied for my wife through paper and they did not ask for her fingerprints. I had applied for mine through efiling and they did ask for fingerprints. I was not in town on the day that they had asked me to be at the service center. So I requested a later date. Lo and behold one fine day I got my EAD approved without any fingerprints. Don't ask my how it was approved but that is the case.
Please enter the details of your Green Card application in your profile.
I am planning to apply for EAD and AP. Debating myself if I have to go with e-filing or paper based. Some one told me, paper based DOES NOTrequired biometrics where as E-filing DOES need biometrics? Could you please shed some light on this?
Thanks,
neeidd,
I had applied for my wife through paper and they did not ask for her fingerprints. I had applied for mine through efiling and they did ask for fingerprints. I was not in town on the day that they had asked me to be at the service center. So I requested a later date. Lo and behold one fine day I got my EAD approved without any fingerprints. Don't ask my how it was approved but that is the case.
Please enter the details of your Green Card application in your profile.
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dealsnet
01-07 09:17 AM
Go to Airport for a defferred inspection. They will correct it. Many people here got it corrected. Don't waste time here for answer thomacha.........
Anybody who had an I94 issued only till the validity of the visa and not until the I-797? At the POE the guy simply wouldn't understand when I tried to explain to him that I have an extension (797) valid from 4/10 t0 4/11. He gave me an I94 only until 4/10. I read that people go for deffered inspection and get it corrected. Anybody who did that in a similar situation active in IV now? Any suggestions on how to proceed? do you go to the nearest international airport or an off-airport location?
Anybody who had an I94 issued only till the validity of the visa and not until the I-797? At the POE the guy simply wouldn't understand when I tried to explain to him that I have an extension (797) valid from 4/10 t0 4/11. He gave me an I94 only until 4/10. I read that people go for deffered inspection and get it corrected. Anybody who did that in a similar situation active in IV now? Any suggestions on how to proceed? do you go to the nearest international airport or an off-airport location?
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ramraj_02
10-19 09:30 AM
Hi folks,
Have a question? Will it be possible to change from EB-2 to Eb-3 with in the same company. My PD is Nov 02 with I-140 just now approved. Or do i have to find another job in some other company in order to use old priority date. Pl. advise is this the right time to change or wait for EB-3 to be current for my PD(don't know , lost hope as of now)
Thanks
Have a question? Will it be possible to change from EB-2 to Eb-3 with in the same company. My PD is Nov 02 with I-140 just now approved. Or do i have to find another job in some other company in order to use old priority date. Pl. advise is this the right time to change or wait for EB-3 to be current for my PD(don't know , lost hope as of now)
Thanks
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martinvisalaw
11-05 08:17 PM
I moved to a new company and yet to receive my I-797 approved from INS. My old company visa is valid till May 2010. If they have not revoked it can i still travel out of country and come back?
You should not return showing just the old visa and approval notice for Company A. That would be misrepresenting to CBP that you were still working for Co. A. You need to show the receipt for Co. B's filing to show that you are working for them using portability (I assume you are)
You should not return showing just the old visa and approval notice for Company A. That would be misrepresenting to CBP that you were still working for Co. A. You need to show the receipt for Co. B's filing to show that you are working for them using portability (I assume you are)
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ssdtm
11-20 01:06 PM
>>>>>>2 H1 is possible as long as the hours you propose are within justification.
Is the hour in each important or the minimum wage. I believe it is the mimimum wage that counts.
>>>>>>>Likewise applying for greencard from 2 places of your work may get you an RFE asking for your true intention to work full time for a employer
The greencard is only from the first H1. In fact I have already filed I-485 on basis of my employment with this co.
Is the hour in each important or the minimum wage. I believe it is the mimimum wage that counts.
>>>>>>>Likewise applying for greencard from 2 places of your work may get you an RFE asking for your true intention to work full time for a employer
The greencard is only from the first H1. In fact I have already filed I-485 on basis of my employment with this co.
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gopi544
06-30 05:41 PM
Strictly speaking, she cannot use the AP to enter the US unless she had it in her possession when leaving the US.
Thanks for the quick replay,
So it means that if she dose not have the AP with her while she leave US, she can not use it.
Can she go for the visa stamping in India and enter in H4? would there be any problem if she goes to visa stamping and enter in H4 while her AP is in process/approved.
Thanks again for the suggestion.
Thanks for the quick replay,
So it means that if she dose not have the AP with her while she leave US, she can not use it.
Can she go for the visa stamping in India and enter in H4? would there be any problem if she goes to visa stamping and enter in H4 while her AP is in process/approved.
Thanks again for the suggestion.
more...
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lorebarba27
07-30 04:04 AM
According to new regulations only jobs on Job Zone Five can apply for EB2???
If this is true only 15-1011.00 - Computer and Information Scientists, Research can apply under EB2 category for ITJobs.
Please advise,
If this is true only 15-1011.00 - Computer and Information Scientists, Research can apply under EB2 category for ITJobs.
Please advise,
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karthkc
03-17 05:02 PM
i have read some place in this forum that as long as you maintain your full time primary job you are entitled to use your ead for other smaller assignments without losing your H1 status. But then again I am not a lawyer just sharing what I have read.
AFAIK, Using EAD either for a FT or PT job should invalidate other non-immigrant work authorization documents like H1B since EAD is a derivative benefit of filing for immigrant status and you cannot mix and match your status...
If this is not true and there is a discussion on this forum clarifying that, I would like to know too...
Anyone?
Thanks!
AFAIK, Using EAD either for a FT or PT job should invalidate other non-immigrant work authorization documents like H1B since EAD is a derivative benefit of filing for immigrant status and you cannot mix and match your status...
If this is not true and there is a discussion on this forum clarifying that, I would like to know too...
Anyone?
Thanks!
more...
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mik
06-13 05:16 PM
Hi,
My case is a bit complicated. So, your advice will be of great help.
Shortly after arriving to the country, without knowing much about immigration laws, my company applied for an EB3 PERM labor certification, although I hold a Master's degree! But, my company lawyers lack any experience! Anyway, the LC was approved in October. However, as you have guessed, retrogression was there, and I've started the waiting phase.
After reading more about rules and law, I've decided to ask the lawyers to file using EB2. One month later, they've filed another LC in EB2. Naturally, this one was rejected because DOL doesn't allow multiple filing for the same position! Once more, my lawyers proved their inefficiency, and said, it's a mistake and filed for an appeal. Until this day, the appeal is in limbo, because the guys at DOL don't even want to look at at. All our requests for info went unanswered!
Anyway, now the visa bulletin for June shows that my EB3 date has become really close, it's June 2005 for my case (EB3 World), while my PD is July 2005! I thought, finally it's time to go on with I-140. Asking my lawyers, they've adviced that I should withdraw my EB3 and the stalled EB2 and file another EB2!!! Of course I wondered as you did, "why didn't they say so earlier", but their answer was that the law and company rules just changed!
Well, instead of risking both EB3 and EB2, I've asked to withdraw the non moving EB2 only, and see what happens in July visa bulletin, which I believe would move at least by a month. I'm still waiting for my EB2 withdrawal decision too.
So, my question to the experts on this forum, what should I do next? Let's say my EB3 PD becomes current, should I just file for my green card, and hope it doesn't retrogresses while my application is being processed?
Or should, I withdraw my EB3 too and start the whole process in EB2. I'm very worried an EB2 LC request would gets complicated this time too! At the same time, I'm worried the EB3 category gets retrogressed while my I-485 is being processed and I would have to wait even longer. What do you think?
Well, that was long. So, thanks for reading and waiting to hear your recommendations and experiences.
take care,
mik
My case is a bit complicated. So, your advice will be of great help.
Shortly after arriving to the country, without knowing much about immigration laws, my company applied for an EB3 PERM labor certification, although I hold a Master's degree! But, my company lawyers lack any experience! Anyway, the LC was approved in October. However, as you have guessed, retrogression was there, and I've started the waiting phase.
After reading more about rules and law, I've decided to ask the lawyers to file using EB2. One month later, they've filed another LC in EB2. Naturally, this one was rejected because DOL doesn't allow multiple filing for the same position! Once more, my lawyers proved their inefficiency, and said, it's a mistake and filed for an appeal. Until this day, the appeal is in limbo, because the guys at DOL don't even want to look at at. All our requests for info went unanswered!
Anyway, now the visa bulletin for June shows that my EB3 date has become really close, it's June 2005 for my case (EB3 World), while my PD is July 2005! I thought, finally it's time to go on with I-140. Asking my lawyers, they've adviced that I should withdraw my EB3 and the stalled EB2 and file another EB2!!! Of course I wondered as you did, "why didn't they say so earlier", but their answer was that the law and company rules just changed!
Well, instead of risking both EB3 and EB2, I've asked to withdraw the non moving EB2 only, and see what happens in July visa bulletin, which I believe would move at least by a month. I'm still waiting for my EB2 withdrawal decision too.
So, my question to the experts on this forum, what should I do next? Let's say my EB3 PD becomes current, should I just file for my green card, and hope it doesn't retrogresses while my application is being processed?
Or should, I withdraw my EB3 too and start the whole process in EB2. I'm very worried an EB2 LC request would gets complicated this time too! At the same time, I'm worried the EB3 category gets retrogressed while my I-485 is being processed and I would have to wait even longer. What do you think?
Well, that was long. So, thanks for reading and waiting to hear your recommendations and experiences.
take care,
mik
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deardar
06-18 04:09 PM
I dont directly work with attorney, the company works so by the time the information gets relayed its taking time.
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surabhi
05-30 12:00 PM
The suggested procedure generally is, (assuming you got stamped with Employer A while in India and you want to work with Employer B as soon as you land)
1. File a new independent petetion
2. at Port of Entry, show the I-797 of company B, so that your I-94 records the right company you intend to work.
With quota over for the year, you cannot file another H1 and follow above approach.
When quota was not an issue until 3 years ago, the above scenario worked.
Now you dont have an option because in I-129 (H1b application) form, you will be counted against the cap unless you are already in US in same status i.e on H1. Since you are not in US, you cannot avoid not being counted againts the cap.
So the only way is to come in to US with intention to work for Employer A and then look for moving to employer B
1. File a new independent petetion
2. at Port of Entry, show the I-797 of company B, so that your I-94 records the right company you intend to work.
With quota over for the year, you cannot file another H1 and follow above approach.
When quota was not an issue until 3 years ago, the above scenario worked.
Now you dont have an option because in I-129 (H1b application) form, you will be counted against the cap unless you are already in US in same status i.e on H1. Since you are not in US, you cannot avoid not being counted againts the cap.
So the only way is to come in to US with intention to work for Employer A and then look for moving to employer B
GCKaIntezar
01-15 03:08 PM
Thanks for setting this up Anurakt. I'll be calling-in.
nhfirefighter13
February 1st, 2006, 02:39 PM
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