santb1975
04-25 12:00 PM
I am using AC21. I start my new Job on Monday. I have had an independent attorney of my own for the past 3 years from whom I get a second opinion from time to time. I have already hired them for my AC21. I really liked the attorney I was working with through my old employer as well and at this time I do not know if my I-140 will be revoked. My employer will keep me in the loop with anything. My attorney has already prepared an AC21 package. Take a look at Page 3 of the Yates Memo. Here is the link (http://shusterman.com/cgi-bin/ex-link.pl?www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf). Here is an extract as well
Accordingly, if the employer withdraws the approved Form I-140 on or after the date that
the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under
the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to
the office having jurisdiction over the pending Form I-485 that the new offer of employment is
in the same or similar occupational classification as the offer of employment for which the
petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the
alien has not submitted evidence of a new qualifying offer of employment, the adjudicating
officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR
103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response
to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of
employment in the same or similar occupation, the BCIS may consider the approved Form I-140
to remain valid with respect to the new offer of employment and may continue regular
processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has
not established that the new offer of employment is in the same or similar occupation, the
adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails
to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny
the Form I-485.hello folks,
I am switching jobs after an approved I140 and over 180 days from 485 receipt.
I am expecting no problems when leaving my current company. but just incase they decide to revoke my 140,
- is it ok to file AC21 after i receive the NOID if some thing happens or is it better to file AC21 now?
one other complication is i will be changing address too. how long does it take for USCIS to update my new address in their records? the reason i am asking is if they send me RFE or NOID, i will totally miss the boat if they send it to the wrong address. i am sure they will send a copy to my attorney, but he works form my current employer and I will assume he is less likely to help. Does it help if i file G28 with my own name and my new address?
I need to join my new job in 10 days and i hev give my crrent company a notice so it is a bit urgent. Please help.
Thank you
Rex
Accordingly, if the employer withdraws the approved Form I-140 on or after the date that
the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under
the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to
the office having jurisdiction over the pending Form I-485 that the new offer of employment is
in the same or similar occupational classification as the offer of employment for which the
petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the
alien has not submitted evidence of a new qualifying offer of employment, the adjudicating
officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR
103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response
to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of
employment in the same or similar occupation, the BCIS may consider the approved Form I-140
to remain valid with respect to the new offer of employment and may continue regular
processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has
not established that the new offer of employment is in the same or similar occupation, the
adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails
to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny
the Form I-485.hello folks,
I am switching jobs after an approved I140 and over 180 days from 485 receipt.
I am expecting no problems when leaving my current company. but just incase they decide to revoke my 140,
- is it ok to file AC21 after i receive the NOID if some thing happens or is it better to file AC21 now?
one other complication is i will be changing address too. how long does it take for USCIS to update my new address in their records? the reason i am asking is if they send me RFE or NOID, i will totally miss the boat if they send it to the wrong address. i am sure they will send a copy to my attorney, but he works form my current employer and I will assume he is less likely to help. Does it help if i file G28 with my own name and my new address?
I need to join my new job in 10 days and i hev give my crrent company a notice so it is a bit urgent. Please help.
Thank you
Rex
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sanju
02-05 03:58 PM
Cris,
I just called teh number and was able to talk to the officer.. he said the case under review.. means.. Any idea.
Thanks again.
I guess, thats what Chris was asking :D
I just called teh number and was able to talk to the officer.. he said the case under review.. means.. Any idea.
Thanks again.
I guess, thats what Chris was asking :D
santb1975
02-15 01:22 PM
^^^
2011 Funny Quotes About Life #5
seahawks
06-27 01:18 AM
yes was filed by lawyer, but in his defense, I had to review all the paper work, I did not do a good job either.
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franklin
02-09 10:39 AM
It will not help anyone being negative.
Nil
06-16 08:52 AM
^^^^^^^^
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sanju
11-20 11:56 AM
Secretaries are from the Executive Branch and are responsible for the execution of the laws and are not directly responsible for the creation of the laws. So we could expect Memos that are more favorable to us but I wouldn't hold my breath over CIR yet.
Secretaries are part of the Executive Branch but they are also the representative of the President in deciding what goes into any bill. Say 2007 CIR, the basic frame work was prepared by DHS and Commerce secrerary in line with the wishes of the WH, then detailed language was prepared by the lawmakers, which was reviewed by the two secretaries (and their offcie) again. President's approval is needed on every little provision as he can veto the bill after all the has been work done by the Congess. So the approval of executive branch is always required for any bill/provision. So President and the executive branch has a a lot of say in decising which provisions go into the bill, more than the most powerful Senators and Congressmen. Arizon Governor is a big proponent of immigration reform and that's why her assignment to this job is significant, as she may also act as an interface between the WH and the Congress to push for an immigration reform. The point is, she is a friend of a reform bill, and she wants it done now.
.
Secretaries are part of the Executive Branch but they are also the representative of the President in deciding what goes into any bill. Say 2007 CIR, the basic frame work was prepared by DHS and Commerce secrerary in line with the wishes of the WH, then detailed language was prepared by the lawmakers, which was reviewed by the two secretaries (and their offcie) again. President's approval is needed on every little provision as he can veto the bill after all the has been work done by the Congess. So the approval of executive branch is always required for any bill/provision. So President and the executive branch has a a lot of say in decising which provisions go into the bill, more than the most powerful Senators and Congressmen. Arizon Governor is a big proponent of immigration reform and that's why her assignment to this job is significant, as she may also act as an interface between the WH and the Congress to push for an immigration reform. The point is, she is a friend of a reform bill, and she wants it done now.
.
2010 Funny Quotes About Life #8
Dhundhun
09-02 08:47 PM
Folks,
Due to the priority data transfer issue my I-485 application was rejected in June'08 (submitted based on June'08 visa bulletin).
As part of my application necessary medical exam tests were conducted in May'08. If I were to submit my application today based on the new visa bulletin do you think I need to take all medical exams again and re-submit? Won't the first set of medical exams have any validity?
Also, on the forums there is a talk about medical forms being changed? Can anyone confirm?
Thanks in advance for all your responses.
As I remember, the validity is one year.
Due to the priority data transfer issue my I-485 application was rejected in June'08 (submitted based on June'08 visa bulletin).
As part of my application necessary medical exam tests were conducted in May'08. If I were to submit my application today based on the new visa bulletin do you think I need to take all medical exams again and re-submit? Won't the first set of medical exams have any validity?
Also, on the forums there is a talk about medical forms being changed? Can anyone confirm?
Thanks in advance for all your responses.
As I remember, the validity is one year.
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greeta
04-21 01:20 PM
Hi,
I am working in US on L1 and my company would start my green card filling in next few months.
I also have valid H1B pettion stamped and can switch to H1B which would mean that I can work freely here at US.
But many of my friends told me that green card processing is faster on L1.
I am not able to make decision whether I should continue working on L1 or change my status to H1 to get better hike and more opportunity.
Pls can anyone tell me which would be wise choice. Is green card processing for L1 visa is faster?
Thanks in advance.
~Greeta
I am working in US on L1 and my company would start my green card filling in next few months.
I also have valid H1B pettion stamped and can switch to H1B which would mean that I can work freely here at US.
But many of my friends told me that green card processing is faster on L1.
I am not able to make decision whether I should continue working on L1 or change my status to H1 to get better hike and more opportunity.
Pls can anyone tell me which would be wise choice. Is green card processing for L1 visa is faster?
Thanks in advance.
~Greeta
hair short life quotes to live by.
paskal
12-26 05:04 PM
please feel free to join in
those from other states asking this question: you are very welcome
Dial-In #: 1-218-486-1300
Bridge: 405416
9pm cst
those from other states asking this question: you are very welcome
Dial-In #: 1-218-486-1300
Bridge: 405416
9pm cst
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shirish
10-02 11:14 AM
I am in a similer situation, Did not get a clear answer from any one, but i was told that if i use EAD then my son has to use the I-485 receipt notice and the ap ti renter and the receipt will keep him in legal status.
I am bit confusedon this though.
I am bit confusedon this though.
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clear485
06-08 01:53 PM
I did think about doing it this way, but it didn't feel the "right thing to do"...
I spoke to my lawyer on what to do , but I'm not getting a straight answer.
Do you guys recommend a lawyer that would be able to help?
I checked Murthy.com and she asks for $250/20min of consultation... Is she that good? Should I consider calling her?
I did consult Murthy....she is good and will give you better solution....few of my friends used her law firm and resolved few complex queries....I have heard from my friend she is very good at document preparartion for real complex problems...
My suggestion is, better go to her office if you are in tri-state area....if you use her service then she will waive $250 in legal fee....
I spoke to my lawyer on what to do , but I'm not getting a straight answer.
Do you guys recommend a lawyer that would be able to help?
I checked Murthy.com and she asks for $250/20min of consultation... Is she that good? Should I consider calling her?
I did consult Murthy....she is good and will give you better solution....few of my friends used her law firm and resolved few complex queries....I have heard from my friend she is very good at document preparartion for real complex problems...
My suggestion is, better go to her office if you are in tri-state area....if you use her service then she will waive $250 in legal fee....
more...
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dipsangel
07-20 09:40 PM
Guys,
I have talked to my lawyer. I am also the victim of the same mistake. My lawyer has filed G-325 for me and my wife instead of G-325 A.
But my lawyer said that his firm has been filing G-325 for quite a while and had no issues with it.
I hope it should not be an issue. The content on both forms is exactly same.
Lets wait and watch.
I have talked to my lawyer. I am also the victim of the same mistake. My lawyer has filed G-325 for me and my wife instead of G-325 A.
But my lawyer said that his firm has been filing G-325 for quite a while and had no issues with it.
I hope it should not be an issue. The content on both forms is exactly same.
Lets wait and watch.
tattoo Funny Quotes About Life #7
morchu
08-01 12:09 AM
There is nothing complicated here.
Put your wifes status as of the 485 filing date. Means if you are filing in July/August this will be H4.
You can travel in H4. Also no problem in changing status to H1 after october 1st. (She have an H1 approval doesnt mean she is NOW in H1 status. Her change of status is approved from Oct 1st). Please remember that if she doesnt start working in H1 on October 1st, technically, she will Neither be in H1 / H4 status on October 1st. Means she might fall under "adjustee" status.
Assuming that your wife starts in H1 status from Oct 1st, there is no problem in travelling in H1. (she might need to get an H1 visa stamp though).
The other option is she can fall under adjustee status and travel in AP, work in EAD.
Also after 485 approval H4 status doesnt get "illegal" it just gets adjusted.
(Well...... nobody can have two statuses at the same time anyway).
Better check with your lawyer. Becuase when you apply for 485 and get approved your wife's H4 status becomes illegal. So don't know exactly about H1 or H4 on advanced parole. Lawyer is the best person for your case.
Put your wifes status as of the 485 filing date. Means if you are filing in July/August this will be H4.
You can travel in H4. Also no problem in changing status to H1 after october 1st. (She have an H1 approval doesnt mean she is NOW in H1 status. Her change of status is approved from Oct 1st). Please remember that if she doesnt start working in H1 on October 1st, technically, she will Neither be in H1 / H4 status on October 1st. Means she might fall under "adjustee" status.
Assuming that your wife starts in H1 status from Oct 1st, there is no problem in travelling in H1. (she might need to get an H1 visa stamp though).
The other option is she can fall under adjustee status and travel in AP, work in EAD.
Also after 485 approval H4 status doesnt get "illegal" it just gets adjusted.
(Well...... nobody can have two statuses at the same time anyway).
Better check with your lawyer. Becuase when you apply for 485 and get approved your wife's H4 status becomes illegal. So don't know exactly about H1 or H4 on advanced parole. Lawyer is the best person for your case.
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chris9902
06-09 05:43 AM
how can you make a site that bad
i can't make ground-breaking sites but i don't think my brain could make something that total ****
SOUL all the way
PS: love the midi can you send me it:-\
i can't make ground-breaking sites but i don't think my brain could make something that total ****
SOUL all the way
PS: love the midi can you send me it:-\
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gparr
March 15th, 2004, 11:10 AM
Steven brings up a good point about those camera phones. I fear them to a degree. Someone told me recently that they had read/heard advice that when you're using a credit card at a store make sure you keep the numbers covered up. Apparently, people with camera phones have been known to take a picture of your card to get the numbers and expiration date.
Gary
Gary
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boreal
07-08 08:29 PM
None... as I did not seem to see anywhere in the filing instruction that W2 is needed... unless there is some change. Who knows nowadays...;)
Correct - None is the answer! My law firm (Fragomen) didnt ask for them when they submitted my docs on JUly 2. Maybe they are needed if the USCIS comes back with an RFE.
Correct - None is the answer! My law firm (Fragomen) didnt ask for them when they submitted my docs on JUly 2. Maybe they are needed if the USCIS comes back with an RFE.
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noone2day78
02-10 04:32 PM
Hi all,
I have received my EAD in oct 07 and my AP last month, with my spouse being primary applicant. Currently I am on h1b, however, I have a better offer at hand thro another employer who does not sponsor h1b. I was searching for posts on comparing h1b vs ead..but could not locate one.
Could someone enlighten me on this issue as to what wld be common issues that are raised if one switches to ead (other than the possibility of being out of status). I am presuming that if my spouse stays on h1b I can switch to h4 status if required?
Please advice..I need to make a decision this weekend!!
Thanks
San
I have received my EAD in oct 07 and my AP last month, with my spouse being primary applicant. Currently I am on h1b, however, I have a better offer at hand thro another employer who does not sponsor h1b. I was searching for posts on comparing h1b vs ead..but could not locate one.
Could someone enlighten me on this issue as to what wld be common issues that are raised if one switches to ead (other than the possibility of being out of status). I am presuming that if my spouse stays on h1b I can switch to h4 status if required?
Please advice..I need to make a decision this weekend!!
Thanks
San
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morpheus
04-02 10:45 PM
I just did some further reading and research, and it appears that an H1 could do the following if this bill passed tomorrow.
1. Quit their job
2. Form an LLC and self-employ
3. File for 218D status. Once this is approved, you are able to work anywhere. It's not clear if there will be a filing procedure or not.
4. Wait six years.
5. File for green card. Note that 218D requires you to work for the entire six years - but it can be full-time, part-time, self-employment or full time study.
I can't believe it could be that simple. The only downside is that there might be 10 million people in the queue for 218D, so it will probably be backlogged until 2026!
1. Quit their job
2. Form an LLC and self-employ
3. File for 218D status. Once this is approved, you are able to work anywhere. It's not clear if there will be a filing procedure or not.
4. Wait six years.
5. File for green card. Note that 218D requires you to work for the entire six years - but it can be full-time, part-time, self-employment or full time study.
I can't believe it could be that simple. The only downside is that there might be 10 million people in the queue for 218D, so it will probably be backlogged until 2026!
maine_gc
02-01 12:48 PM
Thank you all.
PD is Nov 2004 - EB2
PD is Nov 2004 - EB2
gcisadawg
05-11 12:51 PM
Guys,
I have a long layover at New Delhi airport. I am reaching their at 8PM and my next flight in the morning at 7:30AM. Is there any accommodation facility within airport? Or Do i need to go to city? This is the first time, i am going through delhi airport. Any helpful comments are welcome. Thanks and appreciate your help.
There are so called 'executive lounges' in Mumbai airport. There is a good possibility of having them in Delhi Airport also. Check while you are waiting. They have people all over hawking these services. They charge around 30 to 50 USD per person.
I tried one in Mumbai airport. I paid the money, went to the shower and didnt find hotwater. When I checked they said "it is out of order"..So much for the executive lounge! I took my money back and came out!
GCisaDawg
I have a long layover at New Delhi airport. I am reaching their at 8PM and my next flight in the morning at 7:30AM. Is there any accommodation facility within airport? Or Do i need to go to city? This is the first time, i am going through delhi airport. Any helpful comments are welcome. Thanks and appreciate your help.
There are so called 'executive lounges' in Mumbai airport. There is a good possibility of having them in Delhi Airport also. Check while you are waiting. They have people all over hawking these services. They charge around 30 to 50 USD per person.
I tried one in Mumbai airport. I paid the money, went to the shower and didnt find hotwater. When I checked they said "it is out of order"..So much for the executive lounge! I took my money back and came out!
GCisaDawg
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