meridiani.planum
04-15 06:04 PM
have any one applied for AC 21 your self or with advise, I need some guidance can you please help.
Thanks
Jay
I did. Changed to same/similar job (exact same description). Old employer not revoking I-140. lawyer has asked me not to send AC-21 letter to USCIS, wait for the RFE, if any. so sitting tight.
Moved from H1 to EAD.
Thanks
Jay
I did. Changed to same/similar job (exact same description). Old employer not revoking I-140. lawyer has asked me not to send AC-21 letter to USCIS, wait for the RFE, if any. so sitting tight.
Moved from H1 to EAD.
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stucklabor
06-20 09:54 AM
stucklabor,
Thanks for your post. It's good to hear the perspective of a core member of IV like yourself. I understand your point of view but respectfully disagree with your definition of the greatest good. The greatest good will not be achieved by just passing the labor cert. stage. The greatest good is achieved once we have the GC card. Your effort on retrogression to benefit 250k & 200k is plausible. But you help them to pass one bridge, to just get stuck on the next. If there are 25k people stuck in name check at this time, imagine what will happen when the estimated 200k-250k reach that stage.
If the 25k spent in average 3 years in the name check, what will be the wait time for that massive population that are headed that way after retrog & labor cert? The EB process is a big picture and the greatest number will not get the greatest good until all these obstacle are resolved all the way to the end.
Sroym, you are missing the point. If it is only about 20% of the people who are stuck in name check - for whatever reason - the proportion is going to remain the same once the 250K+200K that we are talking about get to that stage. 80% of the people are NOT going to be stuck. IV has limited resources. We can't focus on all the issues all the time. It is the greatest good for the greatest number. You are focusing on greatest good. We are focusing on the whole.
Thanks for your post. It's good to hear the perspective of a core member of IV like yourself. I understand your point of view but respectfully disagree with your definition of the greatest good. The greatest good will not be achieved by just passing the labor cert. stage. The greatest good is achieved once we have the GC card. Your effort on retrogression to benefit 250k & 200k is plausible. But you help them to pass one bridge, to just get stuck on the next. If there are 25k people stuck in name check at this time, imagine what will happen when the estimated 200k-250k reach that stage.
If the 25k spent in average 3 years in the name check, what will be the wait time for that massive population that are headed that way after retrog & labor cert? The EB process is a big picture and the greatest number will not get the greatest good until all these obstacle are resolved all the way to the end.
Sroym, you are missing the point. If it is only about 20% of the people who are stuck in name check - for whatever reason - the proportion is going to remain the same once the 250K+200K that we are talking about get to that stage. 80% of the people are NOT going to be stuck. IV has limited resources. We can't focus on all the issues all the time. It is the greatest good for the greatest number. You are focusing on greatest good. We are focusing on the whole.
immique
06-13 08:26 PM
porting can be beneficial but attempt it only if you are 100% sure that it will succeed and talk to your lawyer before you do it and don't attempt to do it yourself. it will be a lengthy process with increased scrutiny. 3-4 months for labor and atleast 1 year for 140 processing and moreover DOL is making it tougher for EB2 with strict adherence to the rules and increased scrutiny. after all this, there is a very high likelihood of getting RFE from USCIS at 485 stage. if any EB3 person has EAD, AP then it would be best to play it safe and stay with EB3 as you already have the benefits of EAD and AP. I know it would be much much better if you have a green card, but would you have it safe and sure or do you want to go through all the stress of refiling and preparing for all the problems in the process? it should be ones own personal choice. moreover I am hopeful that things will move favorably after the elections with the immigration reform and might result in some relief for all EB categories
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virald
10-04 11:07 AM
Anyone can throw light into this one. Can we track APs now for NSC.
NSC is receipting late and also their AP documents are mailed very late. Please let us know when we receive our AP document after getting the receipts? for eg. 10 days, 20 days etc..
It will help lot of us who want to make some travel plans.. [some like us are eagerly waiting for past 4 yrs!!!]
Thanks to IV and all the members
I don't think anyone will be able to predict when someone will get AP approved. USCIS has mentioned that they are concentrating on EAD more than anything else (read AP). Also, unlike TSC, NSC only issued receipts so I suppose they are issuing EAD's now. AP seems far away. Even TSC is behind in processing AP.
NSC is receipting late and also their AP documents are mailed very late. Please let us know when we receive our AP document after getting the receipts? for eg. 10 days, 20 days etc..
It will help lot of us who want to make some travel plans.. [some like us are eagerly waiting for past 4 yrs!!!]
Thanks to IV and all the members
I don't think anyone will be able to predict when someone will get AP approved. USCIS has mentioned that they are concentrating on EAD more than anything else (read AP). Also, unlike TSC, NSC only issued receipts so I suppose they are issuing EAD's now. AP seems far away. Even TSC is behind in processing AP.
more...
gsc999
03-27 04:43 PM
gsc u r a lil confused
speaker pelosi is the head of the house of representatives (Lok Sabha) with Steny Hoyer serving as majority leader in the House and Senator Reid is the majority leader of the Senate (Rajya Sabha). The president of the senate is the VP
Both have floor schedules and have issues that need to be debated on. the bill has to pass in both houses..either with the exact same wording or alternate text that will be reconciled in conference committee
http://www.answers.com/topic/party-leaders-of-the-united-states-senate
http://www.answers.com/topic/party-leaders-of-the-united-states-house-of-representatives
---
Yaba:
The title of this thread is discussion on Senate floor in May 14-21, no confusion about that. Reid will schedule the debate not Pelosi. I don't know if you have even read the article quoted here? It clearly mentions Hoyer in House and Reid in Senate. If nat23 had said why is Hoyer driving the agenda in house and not Pelosi? That would make perfect sense but how can Pelosi drive Senate agenda. My response was to that point. If you still argue that, I think you might need to clarify things at your end.
Also, the example you cite isn't appropriate to the context because both Indian Lok Sabha and the British House of Commons have a non-partisan Speaker. He resigns from his primary party as soon as he becomes the speaker. This is not the case in US congress, speaker of the US house of congress is a partisan leader. The implication is that Hoyer, even though a majority House leader may not drive the agenda and this connects to the point made earlier: Pelosi vs Hoyer not Pelosi vs Reid.
speaker pelosi is the head of the house of representatives (Lok Sabha) with Steny Hoyer serving as majority leader in the House and Senator Reid is the majority leader of the Senate (Rajya Sabha). The president of the senate is the VP
Both have floor schedules and have issues that need to be debated on. the bill has to pass in both houses..either with the exact same wording or alternate text that will be reconciled in conference committee
http://www.answers.com/topic/party-leaders-of-the-united-states-senate
http://www.answers.com/topic/party-leaders-of-the-united-states-house-of-representatives
---
Yaba:
The title of this thread is discussion on Senate floor in May 14-21, no confusion about that. Reid will schedule the debate not Pelosi. I don't know if you have even read the article quoted here? It clearly mentions Hoyer in House and Reid in Senate. If nat23 had said why is Hoyer driving the agenda in house and not Pelosi? That would make perfect sense but how can Pelosi drive Senate agenda. My response was to that point. If you still argue that, I think you might need to clarify things at your end.
Also, the example you cite isn't appropriate to the context because both Indian Lok Sabha and the British House of Commons have a non-partisan Speaker. He resigns from his primary party as soon as he becomes the speaker. This is not the case in US congress, speaker of the US house of congress is a partisan leader. The implication is that Hoyer, even though a majority House leader may not drive the agenda and this connects to the point made earlier: Pelosi vs Hoyer not Pelosi vs Reid.
alethos
01-03 01:06 PM
::psssst::....Kit, I jest. Mine age doth vie with thine, hence thy remark didst vex me...
If smiley's count as pixel art (they're made pixel-by-pixel), then I have one pixel pic under my belt. On to lucky number zwei.
I'm hoping you give us tons of time for this. It takes a lot longer than I first imagined!
-Al
If smiley's count as pixel art (they're made pixel-by-pixel), then I have one pixel pic under my belt. On to lucky number zwei.
I'm hoping you give us tons of time for this. It takes a lot longer than I first imagined!
-Al
more...
mhtanim
10-05 08:10 PM
So what you are saying is that INS and IRS systems are connected?
IRS can go back 3 years unless they have evidence that you understated your income by more than 20%. There are some depreciation issues that may allow them to go back further.
As far as I know, IRS and INS (USCIS) do not share information with each other. USCIS is under the Dept of Homeland Security and IRS is under Department of the Treasury.
I actually read a newscoverage in California couple of years ago where INS sued the IRS for not providing information about the illegal immigrants. INS claimed that they failed to obtain information from the IRS about the illegal immigrants who were filing tax returns using TIN numbers. If I remember correctly, INS lost the lawsuit and IRS was ordered not to release information on people to the INS.
Just to clarify a little more about TIN and SSN is that you cannot get a SSN unlress you have some sort of work authorization (Such as H-1, EAD or even F-1 working/willing to work on-campus) where you can get TIN numbers from IRS and they don't want to know your visa/residency status. So, if you are living illegally in the U.S., you can still get TIN number and file tax returns.
IRS can go back 3 years unless they have evidence that you understated your income by more than 20%. There are some depreciation issues that may allow them to go back further.
As far as I know, IRS and INS (USCIS) do not share information with each other. USCIS is under the Dept of Homeland Security and IRS is under Department of the Treasury.
I actually read a newscoverage in California couple of years ago where INS sued the IRS for not providing information about the illegal immigrants. INS claimed that they failed to obtain information from the IRS about the illegal immigrants who were filing tax returns using TIN numbers. If I remember correctly, INS lost the lawsuit and IRS was ordered not to release information on people to the INS.
Just to clarify a little more about TIN and SSN is that you cannot get a SSN unlress you have some sort of work authorization (Such as H-1, EAD or even F-1 working/willing to work on-campus) where you can get TIN numbers from IRS and they don't want to know your visa/residency status. So, if you are living illegally in the U.S., you can still get TIN number and file tax returns.
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gsc999
09-20 07:17 PM
http://picasaweb.google.com/kannansm/ImmigartionVoiceDCRally18Sep07/photo#5111764333601260802
The guy in black shirt/pant is he a IV member? Next to him is definitely an american Kid. If they indeed are american citizens that listened to our cause and joined the rally, hats off to them.
---
Yes, thats them. Thanks for the find.
IVers do you see my point, Americans are very understanding people. If you can explain your case then they will join you and make you stronger.
Cheers!
The guy in black shirt/pant is he a IV member? Next to him is definitely an american Kid. If they indeed are american citizens that listened to our cause and joined the rally, hats off to them.
---
Yes, thats them. Thanks for the find.
IVers do you see my point, Americans are very understanding people. If you can explain your case then they will join you and make you stronger.
Cheers!
more...
supers789
07-09 03:35 PM
when is Aug 2010 visa bulletin expected?
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BharatPremi
12-09 12:12 AM
My 6th year H1B is expiring on April 28, 2008. I applied labor through PERM on October 2, 2007. I got the audit letter on December 3, 07. This audit letter does not state anything about the issue of the audit letter. However, the sentence �The job duties and/ or requirements are beyond those defined for the job by SOC/ O*Net code an Occupation Title provided by the State Workforce Agency� is highlighted in this letter. The letter also request for Business Necessity Letter and Recruitment Report. My case is the EB2 case for a Project Manager position with a minimum of 2 years working experience. A couple of programs and knowledge in the field are also required for this position. At the recruitment times, there are no applicants applied to this position. The company has approximately 16 employees including me.
I�m very confused and not sure what to do because my lawyer refused to answer any question. In my case that the Labor Certification is still pending (under audit) and my H1B is expiring in April, I wonder if I should start taking vacation now or go to work in another country for approximately 6-7 months and come back later to use the rest of my H1B until October 2, 08 to meet 365 days period? After October 2, 08, I can then start filing the H1B Extension for 1 year. Or should I wait until my I-140 approved and come back around October 2, 08 and do the H1B Extension for another 3 years? Or should I stay in US until April, 08 and take vacation until October, 08 and then comeback around October, 08 to file H1B extension? Also, do I still have to be employ full time with my current employer during this whole period? Can the job only be part time? Also, do I have to get pay the whole time from my current US employer during this whole period? Thank you very much for your help.
Highlighted area is the problem. Is your lawyer recently graduated? EB2 category is meant for minimum 5 years experience and whne your title is having the word "manager" it becomes more stricter definition.... In my opinion EB2 is always about minimum 5 years experience and that is where your lawyer screwed you. And yes the reason highlighted in the audit letter is real reason and it is direct indication of this conflict.
I�m very confused and not sure what to do because my lawyer refused to answer any question. In my case that the Labor Certification is still pending (under audit) and my H1B is expiring in April, I wonder if I should start taking vacation now or go to work in another country for approximately 6-7 months and come back later to use the rest of my H1B until October 2, 08 to meet 365 days period? After October 2, 08, I can then start filing the H1B Extension for 1 year. Or should I wait until my I-140 approved and come back around October 2, 08 and do the H1B Extension for another 3 years? Or should I stay in US until April, 08 and take vacation until October, 08 and then comeback around October, 08 to file H1B extension? Also, do I still have to be employ full time with my current employer during this whole period? Can the job only be part time? Also, do I have to get pay the whole time from my current US employer during this whole period? Thank you very much for your help.
Highlighted area is the problem. Is your lawyer recently graduated? EB2 category is meant for minimum 5 years experience and whne your title is having the word "manager" it becomes more stricter definition.... In my opinion EB2 is always about minimum 5 years experience and that is where your lawyer screwed you. And yes the reason highlighted in the audit letter is real reason and it is direct indication of this conflict.
more...
chanduv23
09-20 09:59 PM
I have been at many occasions when the national anthem was sung. At each occasion, as soon as the song was sung, everybody in the crowd sang together out loud. So I expected the crowd in this rally to sing as well. But it was all silence. I felt really embarrassed.
Unfortunately no one knew the lyrics - this is an eye opener to all - one must lknow at the least star spangled banner if he/she wants a GC and finally become a citizen
Unfortunately no one knew the lyrics - this is an eye opener to all - one must lknow at the least star spangled banner if he/she wants a GC and finally become a citizen
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desi3933
06-25 03:10 PM
1) Sep 16 2007 to Apr 2008 is > 6months so you cannot apply for 797 renewal to get a new i94 indirectly.
Incorrect.
It is 6 months before status expiry date (I-94). This is not linked with visa stamp expiry date. You are mixing visa status dates with visa dates.
2) Currently your status is H1 , if you use AP then ur status will becom Parolee and if you use EAD then "???"
Incorrect.
Just using AP does NOT invalidates H1 status. Using EAD does.
I think of these solutions...
1) Exit and Enter the country to match with your 797 dates.
or
2) Talk to your employer ,find a temporary employer to switch your h1 and switch back to your current employer. (do premium if necessary ).
Simple solution is to file H1 extension before I-94 date.
See above in Blue.
Not a legal advice
-----------------------
desi3933 at gmail.com
Incorrect.
It is 6 months before status expiry date (I-94). This is not linked with visa stamp expiry date. You are mixing visa status dates with visa dates.
2) Currently your status is H1 , if you use AP then ur status will becom Parolee and if you use EAD then "???"
Incorrect.
Just using AP does NOT invalidates H1 status. Using EAD does.
I think of these solutions...
1) Exit and Enter the country to match with your 797 dates.
or
2) Talk to your employer ,find a temporary employer to switch your h1 and switch back to your current employer. (do premium if necessary ).
Simple solution is to file H1 extension before I-94 date.
See above in Blue.
Not a legal advice
-----------------------
desi3933 at gmail.com
more...
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rbms
09-19 03:35 PM
Voters: 155. You may not vote on this poll
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royus77
07-10 10:10 PM
IS THIS APPLICABLE ONLY TO JULY 2 FILERS? FOR OTHERS, IS IT ADVISABLE TO FILE I485 NOW?
Its is always advisable to file the petition as AILA clearly stated that they are going to identify "class" of people. The court may or maynot give benefit for all classes .so better file and be in the "Best Class" where if AILA wins the case you will get benefited ,Dont be penny foolish as if you already spent money in getting other stuff ..what you are loosig in 1 grand for attorney fee , ( think of desi employers who gets 2 grands every month on you )
Also with todays's rumor some thing positive is in pipeline ..even july VB flip-flop also started as a rumor
Its is always advisable to file the petition as AILA clearly stated that they are going to identify "class" of people. The court may or maynot give benefit for all classes .so better file and be in the "Best Class" where if AILA wins the case you will get benefited ,Dont be penny foolish as if you already spent money in getting other stuff ..what you are loosig in 1 grand for attorney fee , ( think of desi employers who gets 2 grands every month on you )
Also with todays's rumor some thing positive is in pipeline ..even july VB flip-flop also started as a rumor
more...
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kokil
03-15 11:16 PM
In short how do I can look up at AACRAO database? I believe that is what USCIS follows.
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pd_recapturing
10-19 01:35 PM
According to what I have read - porting of PD can be done at 2 stages
1. At the time the second I-140 is applied or,
2. When one applies for the I-485.
So you should be fine going by #2. Not an attorney, just like you all - a GC aspirant commenting on his research.
My question is the same that you raised earlier - the Memo states that the PD has to be current when interfiling. But in the case of pd_recapturing, his PD is May 04 which is not current - EB2 for India is Apr 04 (my assumption being that pd_recapturing is from India.)
My case is exactly as pd_recapturing, waiting for the approval of my second I-140 to see if the date got ported or not (we had requested during filing of second I-140). After the approval, I was thinking of waiting for my PD to be current before filing.
pd_recapturing - we'll be following your lead to see how your case turns out.
Thanks.
Gene
According to my lawyer, mine is a simple case of updating I-485 file with a different I-140 so there is no need to wait PD to be current. And also it makes sense to me as I am not applying a new I-485 to wait for PD to be current. They will anyway touch my AOS when PD will be current. Right now, they will have to update my I-140 with the existing I-485. And moreover, my case is not a PD change, instead, its a EB category change. What do you guys think ?
1. At the time the second I-140 is applied or,
2. When one applies for the I-485.
So you should be fine going by #2. Not an attorney, just like you all - a GC aspirant commenting on his research.
My question is the same that you raised earlier - the Memo states that the PD has to be current when interfiling. But in the case of pd_recapturing, his PD is May 04 which is not current - EB2 for India is Apr 04 (my assumption being that pd_recapturing is from India.)
My case is exactly as pd_recapturing, waiting for the approval of my second I-140 to see if the date got ported or not (we had requested during filing of second I-140). After the approval, I was thinking of waiting for my PD to be current before filing.
pd_recapturing - we'll be following your lead to see how your case turns out.
Thanks.
Gene
According to my lawyer, mine is a simple case of updating I-485 file with a different I-140 so there is no need to wait PD to be current. And also it makes sense to me as I am not applying a new I-485 to wait for PD to be current. They will anyway touch my AOS when PD will be current. Right now, they will have to update my I-140 with the existing I-485. And moreover, my case is not a PD change, instead, its a EB category change. What do you guys think ?
more...
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fatjoe
10-17 10:21 AM
One of my friends wanted to travel abroad, and her lawyer asked her not to, it because she would lose her H1 status. I guess even the same thing is mentioed on Murthy's web site too, where it was mentioed that it better to get your H1 stamped, if you do not want to lose H1.
So, I am surprised to hear that we could travle on AP, and also come back and extend our H1.
So, I am surprised to hear that we could travle on AP, and also come back and extend our H1.
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abhishek101
10-04 11:02 AM
Just two things:
1. Make up your mind about your last name and stick with it. Jumping last names can create trouble for you in future. I work for a bank and two different last names mean different people, your credit report will also be messed up so in the long run you will have a lot of pain.
2. Since your first name has three names, and I am guessing out of those two one would be your town and other you father name or something like that, it would be hlepful for you to convert them to single letter and just keep your given name as full name. Most of the systems in US cannon handle three first names and you will face this trouble again and again even if you get it figured out in the visa.
For your current problem just state that your new 797 is approved with a wrong last name, and talk to a lawyer. If he asks show him your new passport and explain the reason for the last name change.
DMV story will create unnecessary confusion so skip it.
1. Make up your mind about your last name and stick with it. Jumping last names can create trouble for you in future. I work for a bank and two different last names mean different people, your credit report will also be messed up so in the long run you will have a lot of pain.
2. Since your first name has three names, and I am guessing out of those two one would be your town and other you father name or something like that, it would be hlepful for you to convert them to single letter and just keep your given name as full name. Most of the systems in US cannon handle three first names and you will face this trouble again and again even if you get it figured out in the visa.
For your current problem just state that your new 797 is approved with a wrong last name, and talk to a lawyer. If he asks show him your new passport and explain the reason for the last name change.
DMV story will create unnecessary confusion so skip it.
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Desertfox
05-06 01:23 PM
I don't think the state is involved, but its the institution that makes its own set of rules. All the community colleges in the state of Arizona accepts both H and L status as proof of residency.
LostInGCProcess
03-03 12:53 PM
jung.lee,I'd appreciate if you could please respond to my PM whenever you can. Thanks.
sunny26
11-19 01:44 PM
How abt ur exp letters.Do u submit one if so maybe the format or something
also since its a govt organization, my LC juz said 4 years bachelors or equivalent. i do have a Masters from an US state university. so not sure what could be the RFE.. ability of pay is not an issue i guess, cos its govt. what other rfe's are there?
also since its a govt organization, my LC juz said 4 years bachelors or equivalent. i do have a Masters from an US state university. so not sure what could be the RFE.. ability of pay is not an issue i guess, cos its govt. what other rfe's are there?