nixstor
08-23 11:10 AM
Address change (AR-11) has to be filed irrespective of whether your GC is in process or not. Even International students have to file AR-11.
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gotgc?
03-05 10:44 AM
Hi All,
I work for a big software company and they have recently changed their name "XXXXUSA Inc" to "XXXX America Inc". It is just a company name change and everything else is the same. But, we got an email from our Lawyers yesterday that "Your I-485 application remains valid under AC21 portability provisions despite the change in your employment. In order to continue with your existing permanent residence application under the AC21 portability provisions, we will prepare and file a letter to notify the USCIS of the change in your employment from XXX USA, Inc. to XXX America, Inc."
My I140 is approved with XXXX USA Inc and AOS is filed based on that. My concern is that I am travelling to India on AP and come back in Mid May. I have the following questions:
I asked if I can delay this filing until I come back..my lawyers said "While there is no hard USCIS deadline for this particular filing, this project is a high priority for us and our instructions are to complete this project for all employees ASAP. The AC21 filing will not affect your pending I-485 or your entry into the U.S. in any way"
1. Is it true as my lawyers say that there is no deadline to file AC21? My confusion is should i do this or delay until i come back?
2. If they file this letter would there be any impact to the pending I485 and hence my re-entry to US using AP? Because I read so many threads regarding wrong denial of I485 because of AC21? In my case, it is the same company, no chance of I-140 withdrwawl etc...
3. Assuming if I delay the filing, when you enter on AP, i heard they are asking are you still working for the same petitioner? If I some how had to tell them my company name has changed, then would there be any problems because of not filing this?
My POE is SFO.
Please share your opinion guys..thanks for your help.
I work for a big software company and they have recently changed their name "XXXXUSA Inc" to "XXXX America Inc". It is just a company name change and everything else is the same. But, we got an email from our Lawyers yesterday that "Your I-485 application remains valid under AC21 portability provisions despite the change in your employment. In order to continue with your existing permanent residence application under the AC21 portability provisions, we will prepare and file a letter to notify the USCIS of the change in your employment from XXX USA, Inc. to XXX America, Inc."
My I140 is approved with XXXX USA Inc and AOS is filed based on that. My concern is that I am travelling to India on AP and come back in Mid May. I have the following questions:
I asked if I can delay this filing until I come back..my lawyers said "While there is no hard USCIS deadline for this particular filing, this project is a high priority for us and our instructions are to complete this project for all employees ASAP. The AC21 filing will not affect your pending I-485 or your entry into the U.S. in any way"
1. Is it true as my lawyers say that there is no deadline to file AC21? My confusion is should i do this or delay until i come back?
2. If they file this letter would there be any impact to the pending I485 and hence my re-entry to US using AP? Because I read so many threads regarding wrong denial of I485 because of AC21? In my case, it is the same company, no chance of I-140 withdrwawl etc...
3. Assuming if I delay the filing, when you enter on AP, i heard they are asking are you still working for the same petitioner? If I some how had to tell them my company name has changed, then would there be any problems because of not filing this?
My POE is SFO.
Please share your opinion guys..thanks for your help.
srikondoji
06-29 07:42 AM
post date is important here and not the delivery date.
So, wait for july 2nd.
Better than that, if you have buddies in FedEx, go bug them to accompany you to the nearest FedEx shoppe/store/offcie and do the shipment on July 1st.
It is my earnest advice and so is of many more here that filing on july 30th or earlier is risky and may end up with a rejection.
Best regards
sri
So, wait for july 2nd.
Better than that, if you have buddies in FedEx, go bug them to accompany you to the nearest FedEx shoppe/store/offcie and do the shipment on July 1st.
It is my earnest advice and so is of many more here that filing on july 30th or earlier is risky and may end up with a rejection.
Best regards
sri
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hpandey
01-21 09:25 AM
If he went on vacation after getting the AP then ask him to use the AP to get back . He can still maintain his H1 status even if he comes back on AP.
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bijualex29
06-19 04:22 PM
How much time we need to wait before we start campaigning for a separate bill like SKIL bill.
I would like IV core team to Initiate some work, the work which volunteer like me can take forward. I am not good at lobbying, but I am sure with you folks help, I can do something.
Can super moderators can come up with a master plan, which we can implement at each state. Once one of the moderators commanded that � I like the Idea, but why don�t you volunteer for it, since it is run by a volunteer organization�.
I appreciate your command, but some one can lead it and let us take care of the rest. Initiation is the most difficult.
I too am busy with my work, but for the noble cause and to release the frustration which I had for this EB-system, I can take any trouble.
As I mentioned before, I can contact Sen.Mike DeWine, I met there staff before for some personal reason and they were too nice.
John Boegher ( Forgive my spelling) Majority leader is in my constituency. I can easily talk to him too.
But as an individual, it is practically impossible to make any impact, but as a group, at least 50 people with a several sign petition from each state, if we approach it can make some difference. I have some influence to get it published in Dayton daily news too.
Also if I do it at only Ohio, there may not be an impact, but if we all try to coordinate in different state, at the same time, the massive force can make lot of difference.
We can also include the University student at least can sigh the petition.
Any thought is appreciated, every time in the forum, people says � it s good idea� and leaves at that point, please it is the time, we need to act.
If we agree to my above point, we can start collecting the names and phone No with the state wise. It may take some time but surely we will keep it as backup.
Loosing the battle and telling that we will pack up and go back to India is not the solution, that is coward. I am sure, people who commended, will live for next several years complaining about the system.
I would like IV core team to Initiate some work, the work which volunteer like me can take forward. I am not good at lobbying, but I am sure with you folks help, I can do something.
Can super moderators can come up with a master plan, which we can implement at each state. Once one of the moderators commanded that � I like the Idea, but why don�t you volunteer for it, since it is run by a volunteer organization�.
I appreciate your command, but some one can lead it and let us take care of the rest. Initiation is the most difficult.
I too am busy with my work, but for the noble cause and to release the frustration which I had for this EB-system, I can take any trouble.
As I mentioned before, I can contact Sen.Mike DeWine, I met there staff before for some personal reason and they were too nice.
John Boegher ( Forgive my spelling) Majority leader is in my constituency. I can easily talk to him too.
But as an individual, it is practically impossible to make any impact, but as a group, at least 50 people with a several sign petition from each state, if we approach it can make some difference. I have some influence to get it published in Dayton daily news too.
Also if I do it at only Ohio, there may not be an impact, but if we all try to coordinate in different state, at the same time, the massive force can make lot of difference.
We can also include the University student at least can sigh the petition.
Any thought is appreciated, every time in the forum, people says � it s good idea� and leaves at that point, please it is the time, we need to act.
If we agree to my above point, we can start collecting the names and phone No with the state wise. It may take some time but surely we will keep it as backup.
Loosing the battle and telling that we will pack up and go back to India is not the solution, that is coward. I am sure, people who commended, will live for next several years complaining about the system.
GCVictim
10-13 11:06 AM
I am sponsoring to My In-laws next month for visiting next month. I am preparing documents for them. My questions is... What are documents required from my wife side? she is not working.
What should I send from her?
What should I send from her?
more...
smisachu
09-04 05:16 PM
If the company is moving within the same county then no issues.
If it's moving to a different state (or) to a different county within the same state, then refer the following thread
http://immigrationvoice.org/forum/showpost.php?p=158508&postcount=7
Remember, the prevailing wage differs from county to county even within the same state.
How about if the company moves with in the same state but different county. My company is moving to a bigger facility as we have outgrown the current facility. I have applied for I-485 on July 3rd and my I-140 is already approved.
Seeing that under AC21, they give flexibility to move to a different employer and different state, I think the law would be flexible enough to accomodate moving of the work location within the same state with same employer.
If it's moving to a different state (or) to a different county within the same state, then refer the following thread
http://immigrationvoice.org/forum/showpost.php?p=158508&postcount=7
Remember, the prevailing wage differs from county to county even within the same state.
How about if the company moves with in the same state but different county. My company is moving to a bigger facility as we have outgrown the current facility. I have applied for I-485 on July 3rd and my I-140 is already approved.
Seeing that under AC21, they give flexibility to move to a different employer and different state, I think the law would be flexible enough to accomodate moving of the work location within the same state with same employer.
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krishna_brc
07-02 05:41 PM
I am in the same state as your's. After talking with Lawyer and after reading lot of forums, i went ahead and submitted with PAR:PAROLEE for both Manner of Last Entry and Current Immigration status.
I am not lawyer :) but that's waht i went with and submitted just yesterday
I am in the same boat. I entered PAR:PAROLEE and my Advance Parole got approved, waiting for EAD approval.
I am not lawyer :) but that's waht i went with and submitted just yesterday
I am in the same boat. I entered PAR:PAROLEE and my Advance Parole got approved, waiting for EAD approval.
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waiting_4_gc
08-24 08:00 PM
Hello Gurus,
Here is my situation and I really appreciate your advice:
I have filed my I-485, EAD, and AP thru my employer (consulting company) in EB3 category. I have received my EAD and AP but i havent invoked AC21.
I also have approved labor (PD--01/2006), and approved I-140 in EB2 category thru my client's company.
Since, EB3 category is not going anywhere, I am thinking of filing another I-485 thru my client in EB2 category.
1) Is it possible for me to file second I-485 in EB2 category while first I-485 is waiting for approval?
2) Can i port my EB3 PD (12/2003) while filing 2nd I-485 thru client?
Thanks in advance!!!
Here is my situation and I really appreciate your advice:
I have filed my I-485, EAD, and AP thru my employer (consulting company) in EB3 category. I have received my EAD and AP but i havent invoked AC21.
I also have approved labor (PD--01/2006), and approved I-140 in EB2 category thru my client's company.
Since, EB3 category is not going anywhere, I am thinking of filing another I-485 thru my client in EB2 category.
1) Is it possible for me to file second I-485 in EB2 category while first I-485 is waiting for approval?
2) Can i port my EB3 PD (12/2003) while filing 2nd I-485 thru client?
Thanks in advance!!!
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LondonTown
05-23 01:47 PM
While you are waiting for the reply from embassy, take some time and post your comments (Idea #250 which has Rank 1) at Homeland Security's website (https://openhomelandsecurity.ideascale.com/a/dtd/221g-Administrative-processing/34752-7043).
Also, send this link to anyone who is in similar situation or has been in similar situation.
Also, send this link to anyone who is in similar situation or has been in similar situation.
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FinalGC
06-15 12:53 PM
Experts:
I am going to apply for my H1 renewal. I have my I-140 approved and I-485 application pending from Aug 2007. Additionally, being from India, my visa number is retrogressed.
I got my first 3 year H1 extention from 2006-2009. Now I am appllying for my next 3 years H1 extention. However, I am seeing USCIS asking for client letter and copy of contract. Additionally, one employee of my company got renewal for 3 months only, since his project was getting over in 3 months.
My company gets Purchase Orders for 1 year duration only from my client, but I have a intent to renewal for up to 3 years. I am about to enter into my 2nd year of contract.
I am working with my lawyer to present my case the best way to ensure that we get a renewal of 3 years. Here is what my lawyer recently stated
>>>>USCIS is simply not approving H1 petitions in the IT consultant field if the Employer cannot show actual bona fide work for the duration of time requested. This arises when USCIS issues a request for evidence specifically asking for such items as contracts and work orders. Furthermore, USCIS specifically requests that the end client confirm work performed as they are the business receiving the benefit of the employer. USCIS deems this requirement as necessary to confirm that the employee is performing work in a specialty occupation as contained in the petition.<<<<<<<<<
However, I thought if any of you guys have any suggestions to ensure that we could get a 3 year extention??
I am going to apply for my H1 renewal. I have my I-140 approved and I-485 application pending from Aug 2007. Additionally, being from India, my visa number is retrogressed.
I got my first 3 year H1 extention from 2006-2009. Now I am appllying for my next 3 years H1 extention. However, I am seeing USCIS asking for client letter and copy of contract. Additionally, one employee of my company got renewal for 3 months only, since his project was getting over in 3 months.
My company gets Purchase Orders for 1 year duration only from my client, but I have a intent to renewal for up to 3 years. I am about to enter into my 2nd year of contract.
I am working with my lawyer to present my case the best way to ensure that we get a renewal of 3 years. Here is what my lawyer recently stated
>>>>USCIS is simply not approving H1 petitions in the IT consultant field if the Employer cannot show actual bona fide work for the duration of time requested. This arises when USCIS issues a request for evidence specifically asking for such items as contracts and work orders. Furthermore, USCIS specifically requests that the end client confirm work performed as they are the business receiving the benefit of the employer. USCIS deems this requirement as necessary to confirm that the employee is performing work in a specialty occupation as contained in the petition.<<<<<<<<<
However, I thought if any of you guys have any suggestions to ensure that we could get a 3 year extention??
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haisylu
06-17 04:41 PM
Thanks for the responses.
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tcdsarun
10-02 02:45 PM
My suggestion is consult with good lawyer without any delays. Lawyer knows better how to handle the case.
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unluckydude
06-01 10:00 AM
My online 485 status shows "card/document production" for a long time now and I did not get the card yet. I had contacted USCIS several times thru lawyer and never got any reply. My lawyer said that could have been a mistake.
I finally called hte USCIS directly and got the reply from the Phone rep that my 485 is approved and will open a ticket to find out why my card has not arrived. After a week or so I got a letter from USCIS quoting my earlier call and said my PD is Jan'04 and currently the availablity is only for Apr '02 and I have to wait till the PD is current for case.
There was never an explanation about why my online status shows the card/document in production.
In this case, what are my options ? Please help.
Can't explain the kind of emotional and psychological trauma we go thru ever since we saw online status and subsequent messages from USCIS.
-Unlucky Dude
I finally called hte USCIS directly and got the reply from the Phone rep that my 485 is approved and will open a ticket to find out why my card has not arrived. After a week or so I got a letter from USCIS quoting my earlier call and said my PD is Jan'04 and currently the availablity is only for Apr '02 and I have to wait till the PD is current for case.
There was never an explanation about why my online status shows the card/document in production.
In this case, what are my options ? Please help.
Can't explain the kind of emotional and psychological trauma we go thru ever since we saw online status and subsequent messages from USCIS.
-Unlucky Dude
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AirWaterandGC
06-07 08:21 AM
Can some one please shed some light on this May 15, 2005 cut off date and its significance ? Does it affect folks who have already filed for labor and I-140 after this date and have got it approved .... say sometime in 2006 ?
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jkid169
07-17 02:00 PM
It seems that this guy is trying to do the same thing
http://social.msdn.microsoft.com/Forums/en-US/wpf/thread/f61a5163- d893-4545-9f29-863bbd0c710a (http://social.msdn.microsoft.com/Forums/en-US/wpf/thread/f61a5163-%20d893-4545-9f29-863bbd0c710a)
I tried the suggestion solution: convert all the extensions to xps, then use DocumentViewer to display the file. It's quite neat. Short and simple code!
However, the adding comment part still remains to be solved...
http://social.msdn.microsoft.com/Forums/en-US/wpf/thread/f61a5163- d893-4545-9f29-863bbd0c710a (http://social.msdn.microsoft.com/Forums/en-US/wpf/thread/f61a5163-%20d893-4545-9f29-863bbd0c710a)
I tried the suggestion solution: convert all the extensions to xps, then use DocumentViewer to display the file. It's quite neat. Short and simple code!
However, the adding comment part still remains to be solved...
more...
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ameryki
03-23 08:48 PM
Hi,
I have a pretty simple question.
A person decides to change employers, moving from company A to company B. It's been 180 days after 485 filing.
Question: what does company B have to do to legally take this person on as full time employee? Is the process any different than taking any other american resident employee? The way I understand is it is not any different.
Please advise,
Thanks,
Vlad
If you are looking to use your EAD then I believe their is a form that you fill in with your employer and off you go. Informing USCIS or not will be your choice read around in this forum to find different opinions and more info on AC21.
I have a pretty simple question.
A person decides to change employers, moving from company A to company B. It's been 180 days after 485 filing.
Question: what does company B have to do to legally take this person on as full time employee? Is the process any different than taking any other american resident employee? The way I understand is it is not any different.
Please advise,
Thanks,
Vlad
If you are looking to use your EAD then I believe their is a form that you fill in with your employer and off you go. Informing USCIS or not will be your choice read around in this forum to find different opinions and more info on AC21.
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braindrain
04-02 06:37 PM
Hi Friends,
I am visiting to India on vacation and need to go for H1B renewal. My natvie place is in Andhra Pradesh, near to Chennai. So, i am comming from USA to Chennai, and wants to go to Chennai Consulate for stamping.
In vfs site the moment i select AP, it showing only Hyderabad appointment dates. how to choose and schedule appointment in Chennai consulate?
Can any of you suggest, how to proceed? is there any issues of going to Chennai rather Hyderabad?
I am resident of AP and went for my renewal last year to Chennai since its nearer to my place as compared to Hyderabad. There is no explicit way to get Chennai. They have a small percentage or limited slots available for out of state applicants at every consulate and as long they are available you should see the option to pick Chennai.
Initially, I did not get the Chennai option as well, but I kept checking and waited for a few weeks and when Chennai option was available I scheduled the appointment. Hope this helps.
I am visiting to India on vacation and need to go for H1B renewal. My natvie place is in Andhra Pradesh, near to Chennai. So, i am comming from USA to Chennai, and wants to go to Chennai Consulate for stamping.
In vfs site the moment i select AP, it showing only Hyderabad appointment dates. how to choose and schedule appointment in Chennai consulate?
Can any of you suggest, how to proceed? is there any issues of going to Chennai rather Hyderabad?
I am resident of AP and went for my renewal last year to Chennai since its nearer to my place as compared to Hyderabad. There is no explicit way to get Chennai. They have a small percentage or limited slots available for out of state applicants at every consulate and as long they are available you should see the option to pick Chennai.
Initially, I did not get the Chennai option as well, but I kept checking and waited for a few weeks and when Chennai option was available I scheduled the appointment. Hope this helps.
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maddipati1
01-08 10:18 PM
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scorpion00
04-29 10:18 PM
Your priority date is when your labor was filed.
mchundi
08-23 12:16 AM
I recently visited India(this july) with a new U.S passport and un endorsed PIO card( I did not know endorsement was required). Though i did not have to show the old passport, i carried with me anyway. No issues anywhere.
--MC
--MC
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