prasadn
10-07 07:31 PM
My wife is in a similar situation. I-94 validity matches passport expiry (Dec 2008) , but H1 visa stamp is until Mar 2010. She has a new passport, but we are not sure if she will be out of status if she does not get a new I-94 and stays in the country beyond Dec 2008.
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ramidiskr
01-09 04:19 PM
I am in similar situation,
But my wife will not be having a valid visa while returning and she will not have her AP before leaving US.?
I would mail the AP once it is approved and can she come back with AP?
I would be maintaining my H-1 status all the way through......
Please advise!!!
But my wife will not be having a valid visa while returning and she will not have her AP before leaving US.?
I would mail the AP once it is approved and can she come back with AP?
I would be maintaining my H-1 status all the way through......
Please advise!!!
reddymjm
12-30 09:52 AM
http://www.usdoj.gov/oip/foi-act.htm
you should be able to get a copy of ur i140.
you should be able to get a copy of ur i140.
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gc_on_demand
06-11 09:17 AM
Folks
July bulletin is OUT and NO more significant movement. Donot hope for future bulletin . Please call Lawmakers ASAP. Unless we take action USCIS is not going to do anything. Situation can be worse once we head towards election season. Still we have 1-2 months to get things done or we will be waiting for years to get green card OR EAD ( For some folks ).
It is just 10-15 minutes need to spend to call. Let them know WHO WE ARE AND WHAT ARE OUR ISSUES .
I request all of you to call , if you have called then ask your friends and family members to call.
Now its time to act. If we dont take action CHC will not allow to move ahead our 3 bills.
CALL NOW .... and Spread this message to everyone.
July bulletin is OUT and NO more significant movement. Donot hope for future bulletin . Please call Lawmakers ASAP. Unless we take action USCIS is not going to do anything. Situation can be worse once we head towards election season. Still we have 1-2 months to get things done or we will be waiting for years to get green card OR EAD ( For some folks ).
It is just 10-15 minutes need to spend to call. Let them know WHO WE ARE AND WHAT ARE OUR ISSUES .
I request all of you to call , if you have called then ask your friends and family members to call.
Now its time to act. If we dont take action CHC will not allow to move ahead our 3 bills.
CALL NOW .... and Spread this message to everyone.
more...
eb3retro
09-12 10:40 PM
same situation...
sent to USCIS Texas on June 29, received on JUly 2nd at 10:25 AM. no receipts and no checks cashed yet. the USCIS receipting notice Texas said that they have finished receipting July 2 appl. what happened to our appl then?
pls anyone who filed july 2 at texas and with the same info who got their cks cashed and receipts rec, kindly share here. tnx!
hi maru, welcome to IV. think abt joining IV in the DC Rally? Would you?
sent to USCIS Texas on June 29, received on JUly 2nd at 10:25 AM. no receipts and no checks cashed yet. the USCIS receipting notice Texas said that they have finished receipting July 2 appl. what happened to our appl then?
pls anyone who filed july 2 at texas and with the same info who got their cks cashed and receipts rec, kindly share here. tnx!
hi maru, welcome to IV. think abt joining IV in the DC Rally? Would you?
gmail
07-22 03:14 AM
Quoting the AC21 memo:
"Adjudicators SHOULD NOT PRESUME ABSENCE OF SUCH INTENT and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?
It is not withdrawn. I-140 was approved in April, 9 months after I-140/485 were filed. However the old employer would withdraw it if he knows. Most US employers don't have too much a clue of GC. He'd love to see me getting into trouble.
"Adjudicators SHOULD NOT PRESUME ABSENCE OF SUCH INTENT and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?
It is not withdrawn. I-140 was approved in April, 9 months after I-140/485 were filed. However the old employer would withdraw it if he knows. Most US employers don't have too much a clue of GC. He'd love to see me getting into trouble.
more...
jayz
07-17 06:53 PM
While today's development is great news for folks in the 485/AOS cue, what happens with people in CP? With the opening of the floodgates, I am unsure when visas will be available to CP cases who were scheduled for interviews in Aug and beyond. I am a great supporter of today's victory, but I am unsure where CP cases stand now? Another 4 year wait?
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mikemeyers
11-09 12:20 PM
anyone else has any opinion..plz share it...
more...
das0
06-18 11:55 AM
Once on EAD for one employer A, can anyone fall back to H1B for the same employer A?
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mdipi
11-01 07:39 PM
input?
more...
bikram_das_in
06-18 02:30 PM
I have gone through the same situation. My lawyer appealed with the original paper advertizement and my perm was cleared about one and half years later. I don't see any issue here as long as your employer has followed all the perm steps. Good Luck.
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GMKrishna
05-04 09:12 PM
I wanted to share my success story of getting I-485s re-opened with the help of IV last week. Let me start with the end result first and those interested in details could read further!
Synopsis
After 4 months wait since the wrongful denial of our 485s, I contacted Immigration Voice (IV) core team for help on April 25, 2011 as a last resort. On the next day morning (April 26th), I received a phone call from USCIS Headquarters in D.C. and the officer informed that Service Center approved my MTR and reopened 485s, and I should receive system updates in a day. At the end of the day, I got email updates confirming re-opening of 485s. It was an incredible moment in my life to receive a call from USCIS about my case. I am very grateful to the IV leadership and its deep relationships within USCIS and DHS. Prior to contacting IV, I filed an expedite request with USCIS, contacted Ombudsman, and contacted my Senator as well. I received standard responses but no positive result. Adding fuel to the fire, my EAD was due to expire in July 2011.
At the end, even though I never anticipated issues with my 485, I was very happy to see that my active participation with IV�s advocacy efforts over the last few years opened up several options for me to seek help.
Prologue
During the middle of last year my attorney moved their offices and we filed a new G-28 for address change. After couple of months of this address change, during early Nov�2010 USCIS apparently sent a NOID asking for AC21 employment letter to the old address of the attorney. USCIS did not send text or email even though both me and my attorney subscribed to the notifications. USCIS did not even send a copy of this notice to me. After 30 days of original notice, USCIS updated their system that their mail was returned. This was the first time we came to know about the outstanding notice from USCIS. We immediately contacted USCIS and requested for a copy of NOID. In the meantime, 33 days elapsed, and USCIS promptly denied I-485s of me and my family. I have been working on EAD and it was due to expire in July 2011.
Life after denials
I requested my company for AC21 letter and after receiving the employment letter, my attorney filed I-290B MTR around the end of Dec�2011. I continued to work as usual using my EAD. After couple of months of waiting, I requested USCIS to expedite. Their response was to wait 30 days. Nothing happened. Then, I simultaneously contacted my Senator�s office and Ombudsman. I promptly received responses that they would look into this and I should expect a response from USCIS within 15 days. Based on these responses, I should have received approval by the first week of April. Again, nothing happened until the 3rd week of April. I was becoming wary of my EAD expiry and applying for renewal within 90 days of expiry.
IV�s Advocacy Days in D.C.
I have been a donor for the last few years and actively participated in advocacy days of 2010 and 2011. During this year�s advocacy event, I met IV core team and explained my case. Based on their advice, I waited to see if USCIS responds by mid of April. After long wait and exhausting all options, I requested help from IV. As I mentioned, within 24 hours, I got the approval of MTR and our status was restored!
Though not everyone gets into this kind of trouble, it is very heartening to note that there is someone (IV) behind us to help when in need.
Final Request to Readers:
As someone who associated with IV for the last few years and after going through this ordeal with USCIS, I recommend all those waiting in line or waiting to be in line (for GC) to start associating with IV. No matter how little time or money you could afford to work with IV, every minute and every cent is well worth it! Please Get Involved with IV! Thanks.
Synopsis
After 4 months wait since the wrongful denial of our 485s, I contacted Immigration Voice (IV) core team for help on April 25, 2011 as a last resort. On the next day morning (April 26th), I received a phone call from USCIS Headquarters in D.C. and the officer informed that Service Center approved my MTR and reopened 485s, and I should receive system updates in a day. At the end of the day, I got email updates confirming re-opening of 485s. It was an incredible moment in my life to receive a call from USCIS about my case. I am very grateful to the IV leadership and its deep relationships within USCIS and DHS. Prior to contacting IV, I filed an expedite request with USCIS, contacted Ombudsman, and contacted my Senator as well. I received standard responses but no positive result. Adding fuel to the fire, my EAD was due to expire in July 2011.
At the end, even though I never anticipated issues with my 485, I was very happy to see that my active participation with IV�s advocacy efforts over the last few years opened up several options for me to seek help.
Prologue
During the middle of last year my attorney moved their offices and we filed a new G-28 for address change. After couple of months of this address change, during early Nov�2010 USCIS apparently sent a NOID asking for AC21 employment letter to the old address of the attorney. USCIS did not send text or email even though both me and my attorney subscribed to the notifications. USCIS did not even send a copy of this notice to me. After 30 days of original notice, USCIS updated their system that their mail was returned. This was the first time we came to know about the outstanding notice from USCIS. We immediately contacted USCIS and requested for a copy of NOID. In the meantime, 33 days elapsed, and USCIS promptly denied I-485s of me and my family. I have been working on EAD and it was due to expire in July 2011.
Life after denials
I requested my company for AC21 letter and after receiving the employment letter, my attorney filed I-290B MTR around the end of Dec�2011. I continued to work as usual using my EAD. After couple of months of waiting, I requested USCIS to expedite. Their response was to wait 30 days. Nothing happened. Then, I simultaneously contacted my Senator�s office and Ombudsman. I promptly received responses that they would look into this and I should expect a response from USCIS within 15 days. Based on these responses, I should have received approval by the first week of April. Again, nothing happened until the 3rd week of April. I was becoming wary of my EAD expiry and applying for renewal within 90 days of expiry.
IV�s Advocacy Days in D.C.
I have been a donor for the last few years and actively participated in advocacy days of 2010 and 2011. During this year�s advocacy event, I met IV core team and explained my case. Based on their advice, I waited to see if USCIS responds by mid of April. After long wait and exhausting all options, I requested help from IV. As I mentioned, within 24 hours, I got the approval of MTR and our status was restored!
Though not everyone gets into this kind of trouble, it is very heartening to note that there is someone (IV) behind us to help when in need.
Final Request to Readers:
As someone who associated with IV for the last few years and after going through this ordeal with USCIS, I recommend all those waiting in line or waiting to be in line (for GC) to start associating with IV. No matter how little time or money you could afford to work with IV, every minute and every cent is well worth it! Please Get Involved with IV! Thanks.
more...
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crystal
03-18 04:07 PM
I think you are in wrong forum. This forum is intended for Employment based immigration. I doubt whether anybody here is knowledble enough to answer ur question.
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webm
02-28 10:42 AM
Renewal of one of my friend got rejected on the ground of FP unavailability see my post "Biometric Issue: EAD renewal denied"
Is your friend didn't get FP notice last year or no FP done so far??
Is your friend didn't get FP notice last year or no FP done so far??
more...
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gcnirvana
06-18 05:06 PM
Here is my situation:
I-140 approved and about to file 485.
Employer says he can file only 485 and no EAD for me. But he can file EAD/AP for my wife.
Can I file EAD/AP for me separately on my own? What are the consequences from my employer if I quit after six months of applying 485 (by that time I would've got my EAD/AP)? Can he reject my 140 and/or 485?
Yes It applies to new employer as well.
Here is my timeline
on h1 to US in 2001
filed labor in 2003 approved
Filed i 140 and i485 in 12/2003
Changed job to another employer on 05/2005 using EAD
got married, couldn't file for wife's GC
Applied for h1 through new employer in 2006
Premium processing of H1 approved in 15 days. Got wife here on H4
approved for 3 years for using I 140
PD current as of June 2006, filed for wife's GC who came here on H4
EAD can be canceled anytime by USCIS if underlying petetion i 485 is rejected. Also, if you change job before 180 days and your I 140 is not approved, old employer can withdraw it. Its kind of risky to do AC21 before 180 days from i485 RD.
I-140 approved and about to file 485.
Employer says he can file only 485 and no EAD for me. But he can file EAD/AP for my wife.
Can I file EAD/AP for me separately on my own? What are the consequences from my employer if I quit after six months of applying 485 (by that time I would've got my EAD/AP)? Can he reject my 140 and/or 485?
Yes It applies to new employer as well.
Here is my timeline
on h1 to US in 2001
filed labor in 2003 approved
Filed i 140 and i485 in 12/2003
Changed job to another employer on 05/2005 using EAD
got married, couldn't file for wife's GC
Applied for h1 through new employer in 2006
Premium processing of H1 approved in 15 days. Got wife here on H4
approved for 3 years for using I 140
PD current as of June 2006, filed for wife's GC who came here on H4
EAD can be canceled anytime by USCIS if underlying petetion i 485 is rejected. Also, if you change job before 180 days and your I 140 is not approved, old employer can withdraw it. Its kind of risky to do AC21 before 180 days from i485 RD.
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permfiling
01-15 09:48 PM
There is a immigration reform bill in 2009 . Check this out
http://lawprofessors.typepad.com/immigration/2009/01/first-ten-senat.html
Is IV contacting the senate/ house?
http://lawprofessors.typepad.com/immigration/2009/01/first-ten-senat.html
Is IV contacting the senate/ house?
more...
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Libra
08-29 02:05 PM
If you are before july fiasco and after july fiasco filer
and resides in MN/WI/IL/OH/PA/IN
http://immigrationvoice.org/forum/showthread.php?t=12599&page=3
or resides in MA/VT/ME/RI/NH/CT
http://immigrationvoice.org/forum/showthread.php?t=12628
or resides in NC/SC/GA/ FL
http://immigrationvoice.org/forum/showthread.php?t=12632
or resides in tri-state
http://immigrationvoice.org/forum/showthread.php?t=12567
and resides in MN/WI/IL/OH/PA/IN
http://immigrationvoice.org/forum/showthread.php?t=12599&page=3
or resides in MA/VT/ME/RI/NH/CT
http://immigrationvoice.org/forum/showthread.php?t=12628
or resides in NC/SC/GA/ FL
http://immigrationvoice.org/forum/showthread.php?t=12632
or resides in tri-state
http://immigrationvoice.org/forum/showthread.php?t=12567
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ujjvalkoul
02-28 12:37 PM
You should be fine. Not only you filed your extension on time (so the approval should apply retroactively, more likely that's the USCIS mistake), but two law provisions protect you:
1) 8 C.F.R. section 274A.12(b)(20) - An H1B holder whose employer has filed a new H1B petition to extend the stay (through the current employer - NOT a job change) can work for up to 240 days based upon the pending H1B petition;
2) 8 U.S.C. 1255(k) allows you to adjust status even if you worked without authorization for not more than 180 days.
Oh, yes, I've had a similar RFE for my dependants to show continuous H4 status so it's not unusual.
canu post the USCIS link for these 2 laws
1) 8 C.F.R. section 274A.12(b)(20) - An H1B holder whose employer has filed a new H1B petition to extend the stay (through the current employer - NOT a job change) can work for up to 240 days based upon the pending H1B petition;
2) 8 U.S.C. 1255(k) allows you to adjust status even if you worked without authorization for not more than 180 days.
Oh, yes, I've had a similar RFE for my dependants to show continuous H4 status so it's not unusual.
canu post the USCIS link for these 2 laws
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jpreston
October 25th, 2005, 05:06 PM
Any idea when you all might want to do this? I might be able to join you for a weekend of shooting.
fasterthanlight�
05-12 12:14 PM
The dont is quite hard to make out
**font perhaps?
Did you think of maybe reversing the stroke and fill colours of the font to achieve better contrast? instead of green stroke white outline, the apple, for example, reverse it so that it is white on the outside, green on the inside, because the green tends to blend in with the fruit.
**font perhaps?
Did you think of maybe reversing the stroke and fill colours of the font to achieve better contrast? instead of green stroke white outline, the apple, for example, reverse it so that it is white on the outside, green on the inside, because the green tends to blend in with the fruit.
vxb2004
05-31 05:53 PM
Hi,
I was wondering if anyone was ever able to change from Software Engineer to Technical Marketing Engineer (TME), using the AC21 portability rules. A TME needs similar level of technical skills as that of a Software Engineer, of course used for a different purpose.
A short description of this role (for those of you who don't know about this role)
The Technical Marketing Engineer role is exciting and challenging for the employee that enjoys equally working hands on with technology in the lab and marketing this knowledge to customers. Working with marketing, engineering, services and the sales channels
I really like to consider moving to TME roles. I see this as a first point to moving to Product Manager roles. One could move to Product Manager directly, but I guess the transition for a Software Engineer will be smooth, when he/she goes from Software Engineer -> TME -> Product Manager. The advantage with TME is, you can leverage your technical skills to perform this new role and then gradually hone your marketing/soft skills, to move to the Product Manager position. This is also the input I got from the Marketing Director of one of the reputed firms.
All looks good, but I am not sure if this transition to TME will be acceptable under the AC21 rules. It would be nice to know if anyone has ever able to do it successfully (without getting any RFEs/rejections). Right now, I have a feeling that I am totally stuck in the Software Engineer role and really like to explore my options.
Appreciate your thoughts on this
tpcool,
Given the fact that ur I-140 is not approved yet, I would wait till the approval before considering any job change.
Good luck.
I was wondering if anyone was ever able to change from Software Engineer to Technical Marketing Engineer (TME), using the AC21 portability rules. A TME needs similar level of technical skills as that of a Software Engineer, of course used for a different purpose.
A short description of this role (for those of you who don't know about this role)
The Technical Marketing Engineer role is exciting and challenging for the employee that enjoys equally working hands on with technology in the lab and marketing this knowledge to customers. Working with marketing, engineering, services and the sales channels
I really like to consider moving to TME roles. I see this as a first point to moving to Product Manager roles. One could move to Product Manager directly, but I guess the transition for a Software Engineer will be smooth, when he/she goes from Software Engineer -> TME -> Product Manager. The advantage with TME is, you can leverage your technical skills to perform this new role and then gradually hone your marketing/soft skills, to move to the Product Manager position. This is also the input I got from the Marketing Director of one of the reputed firms.
All looks good, but I am not sure if this transition to TME will be acceptable under the AC21 rules. It would be nice to know if anyone has ever able to do it successfully (without getting any RFEs/rejections). Right now, I have a feeling that I am totally stuck in the Software Engineer role and really like to explore my options.
Appreciate your thoughts on this
tpcool,
Given the fact that ur I-140 is not approved yet, I would wait till the approval before considering any job change.
Good luck.
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