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smisachu

05-16 10:23 AM

Please call the reps..Lets get these things through. We finally have critical mass.

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rolrblade

06-26 08:44 AM

Although you dont realize, in this case, you would be using AC21....Your I-140 is approved and I-485 pending for 180 days, and you are moving from your original GC sponsor to a different employer. That is AC21 for you! The part of law that allows you to port your GC from original GC sponsor to a different employer.

Think of this scenario. You work for Company A on H1/L1. Company B sponsors your GC. You join B after you get your GC. In this case, there is no Ac21 involved. But in your case, according to my understanding, you would be invoking AC21.

Thanks!

I completely agree with gcisadawg. Technically you are invoking AC21 if after your GC is approved, you do not work for the petitioning employer. Also curious, as to why you wouldnt want to send in a letter for AC21, unless your job duties are not "Same or similar", in which case you run a bigger risk.

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arsh007

02-14 04:10 PM

Guys,

this doubt is bugging me due to recession fears.

if someone is on h1 status & have filed 485 in july 07. what happens when due to recession he/she is out of job (NO PAYROLL) for 3-4 months.
will the person have problems during 485 approval?? whats the possible negative that can happen in such god not willing situation

If you don't have a job on H1-B then you are not in legal status within this country. This may come back to haunt you during future 485 processing and approval. That's where an EAD is good in that it allows you to remain in legal status even when you don't have a job for a certain period of time.

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meridiani.planum

06-12 01:35 PM

Any thoughts why EB2 India hasn't gone beyond Apr 04 for over a year.

Is this because of EB3 to EB2 conversions? If so then the likelihood of EB2 - I dates moving a lot in Oct bulletin are low.

Are there any 'guesstimates' out there for the number of EB3 to EB2 conversions?

Based on posts from a number of reasons, the reason for EB2 India moving slowly are:
- lots of 485 applications (remember that EB2 India had been stuck at Jan 2003 for a LONG time, and all those people got to file only in July 2007)
- conversions of EB3->EB2
- LC substitution ending in mid which caused a lot of dormant LC applications lying around, to get used up and filed

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hindu_king

11-11 12:29 PM

Go for it man! this is why you wanted the GC...so you can do whatever you want. enjoy your freedom and its about time to pursue your dreams and make some money.

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snathan

03-24 11:45 AM

I was working with Employer-A till 30/Nov/08 and then filed H1 transfer with employer-B. I started working with Employer B on Dec/08/08 as we received the receipt.

My H1B visa transfer with Employer-B was denied on Mar/02/2009 as the contract between Employer-B and Client was not signed by Client.

My current H1B transfer is denied and previous H1B and I-94 is expired.
Current H1B transfer:
Start date: Nov-21-08,
RFE received: Dec-30-08,
RFE responded: Feb-06-09
RFE expiry date: Feb-10-09
Received Denial: Mar-02-09.
Previous H1B with Employer-A expired: Jan-31-09.
I-94 expired: Feb-10-2009.

What are my options? I believe that I am out of status since Mar/02/09 (Denial date). Is there any way that I can stay on H1 status in US? I think H1 transfer is not possible as my current H1 is denied and previous H1 is expired. Can anyone confirm?

If any new employer sponsors H1 for me with premium processing (I think I dont need to go through 2009 lottery system as I have already got H1 in 2006 cap), Is it legal for an employer to sponsor new H1B when beneficiary is out of status in US? Should I leave US and then my new employer can file fresh H1 using same 2006 cap so I dont need to go trhough 2009 lottery. Which is the good option? Should I stay in US or India while filing new H1? Within how much time should I leave the country? Is it ok to overstay for 15-20 days after denial?

Please guide me asap. Thanking you in advance!

If you are able to get the contract signe by your end client, you can appeal. Untill the final decision comes you would be in status. Otherwise you are already out of status. So might leave sooner. Also talk to attorney and update here. It might be useful for people who are in the same situation.

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HV000

09-17 08:08 PM

Hello all,

I had a question: My and my wife's 485 ND is august 27 from TSC. We haven't got any FP notice yet.

Is anyone in a similar situation? data indicates that most of the august notice dates applicants have already got their FP appointments. I am from NJ so newark must be my ASC.

Should I call USCIS or wait?

Any suggestions are welcomed...

Thanks.

You can call USCIS if you don't receive the FP NOTICE by the end of this month.

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kart2007

10-23 07:27 PM

AFAIK, you will start accruing unlawful status once your 485 denied and you do not have a non-immigrant to status to backup. You should stop working. You will regain the status (i.e. pending AOS) only after the MTR is approved.

If you can post the legal references to support your point, it will really help many IVans.

You are right, what i meant to say is that a MTR turnaround time is usually less than 6 months. And its not that the I-485 keeps getting denied more than once. For one denial, assuming a turn around time of 4-5 months, its still within 180 days of the 'allowed' time to work while out of status.

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rajenk

09-16 04:48 PM

USCIS is doing this to me the second time. They did the same with my EB3 I-140 and now with my EB2 I-140! I am really upset about the way this lazy NSC is handling I-140s.

My EB2 I-140 was filed with premium processing on 9/2/2010. Today is 09/16 already and there are no hopes of my case getting touched or approved in 1 day! How do I know, because there are no LUDs since 09/03 (when the premium processing receipt issued).

Same thing happened with my EB3 case when I requested for premium processing (at NSC) they gave back the premium fee and said they cannot complete the case with in 15 days! So why are they even having this premium service to fool around....

Is there any thing that I could do about this?

Thanks,
Raj:(

Check my next post on this thread. My I-140 got approved without any LUD changes! Came to know approval from attorney's office!

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GreeNever

02-08 02:46 PM

I..sort of have turned philosophical abt the whole process. Having said that, I also see bright flashes off and on...(just kiddin'). I talk optimism, walk optimism, eat optimism, sleep optimism :) ..ends here!.

If all that it takes is - a copy of our presentation to be mailed/emailed to this 'super cop' of a minister or his office, I would still do it. That way, I have at least challenged him..

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lecter

February 27th, 2004, 07:39 AM

Count me in............10 a week! We are all here to share and offer opinions, praises and learn from the good and the bad in all of us.....(talking about photography here...........Lecter)

I cannot possibly comment bob...

but I do get noticed in this country...

hehe

http://www.dphoto.us/forumphotos/data/500/15128T3300-med.jpg

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nhfirefighter13

September 2nd, 2006, 06:37 PM

Nice job, Antonio. I like both but prefer the second. :)

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dexter

12-16 02:45 PM

Hi Charles,

Thank you for taking the time to reply. Do you think that the appeal has any chance to succeed?

The current perm was applied for senior developer. While the appeal is pending, can my company apply for a new perm for a different position like enterprise architect?

Thanks

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JDM

11-27 10:46 PM

Happened to me too. No Idea what does this means

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zCool

04-02 11:39 AM

Paystub is really required document in tax law.
These are normally state subject and are guided and monitored by state labor law departments.
Employers don't have a choice of deciding their own period of giving you paystubs.
So if you choose to keep working for illegal employment under illegal condition that's your problem but you can always choose to get labor lawyer involved or just send your employer link similar to one below for your state law and ask him gently "I don't doubt your intention but from what I read this is illegal and I don't want to be part of anything illegal so at least for me please send paystubs every pay-period"

http://www.laboremploymentlawblog.com/payroll-strict-compliance-with-californias-pay-stub-law-is-essential.html

If you don't get any response, 2 options:
1. Stop doing direct deposit. Ask him for a check every payperiod. that's always your choice.
2. try to transfer, and when the RFE comes , send the sent email notarized copy and affidavite and bank statements as proof of payment and delay in pay-stubs. Even if your transfer gets denied you will be okay coz you are working currently, if it gets approved, you are home free from the shackles of this slave-master.

Put his name on the boards annonymously..

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keerthisagar

12-21 07:41 AM

I am all up for it & won't mind doing it all...

This is good idea - call for members to join the effort. You can count me in.

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trueguy

09-19 07:13 PM

US Govt don't have to worry about it because we don't qualify for UnEmployment Benefits anyways.

Now thats a different story that we pay unemployment and SS taxes but we don't get any benefits out of it.....:(

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eagerr2i

08-29 04:11 PM

I had asked this question to the immigration lawyer at IV. She said that if you are working for the same company at their offices aboard & go for Consular Processing ( it is the only option as you can not go 485 route) it should be just fine. However, if the company that you are working for when you are abroad and the company that did your GC are not the same thenit is almost impossible to prove that the job exists when you arrive in USA after CP.

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james_bond_007

04-06 07:37 PM

I went to the infopass to inquire about the "additional review" letter I got from TSC. Officer did some search and told me the following " this case is in transit to an officer TODAY, just 30 minutes before. you dont have to worry about this notice". He also said that call us back in 45 days .. I did fax all the details to the Senator but am not sure whether this resulted from the inquiry.

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sledge_hammer

06-17 10:22 AM

For USPS deliveries:
USCIS
Texas Service Center
P.O. Box 851041
Mesquite, TX 75185-1041

For private courier (non-USPS) deliveries:
USCIS
Texas Service Center
4141 North St. Augustine Road
Dallas, TX 75227

I sent it using United States Postal Service (usps). I did use full zip code (75185-2401). I also used usps return receipt, which means somebody from USCIS has to sign this form.

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delhirocks

07-26 10:39 AM

Ha...

Just on the lighter note I wonder if even USCIS ignores that mistake and give you and your co-worker's wife a GC.

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