desi3933
06-18 02:56 PM
Hi Gurus,
Please comment on my situation.
My current job, 140 is approved, and employer ready to file 485. But there is also a risk of layoff in coming 2 months. Employer won't revoke I-140, if he had to let me go.
I have another employer interested and has filed H1 transfer. I am in the 7th year of H1.
If I let current employer file I-485, and also get EAD/AP. Then if laid off after 2 months, and new employer ready to wait for 2 months from now, understanding the situation.
1. Can I join the new employer on H1, after 2 months.
Yes, New employer needs to file for H1-B transfer.
Will can cancel my I-485 processing automatically, even though the employer did not revoke the I-140?
No.
2. Should I join the new employer on EAD, which will be approved for 1 year by then?
It may be good idea to join on H1.
Will there be risk of violation of AC21, and 485 or EAD renewal being rejected at later stage? And what would be a fall-back strategy in such case?
GC is for the future job. AC-21 allows to change future employer after I-485 has been filed for 180 calendar days and I-140 is approved.
3. Just join the new employer, as it will be stable job. and not worry about the 485 date. It will be current again next year.
Invoke AC-21.
4. Is there any information, how the AC-21 works? Is it automatic, or do I need to file for some documents when I switch jobs. That would prevent me from taking any job before 6 months. But I may be laid off in 2 months.
Search on these forums. It has been discussed in detail.
Thanks in advance!
See above in blue. This is NOT a legal advice.
Please comment on my situation.
My current job, 140 is approved, and employer ready to file 485. But there is also a risk of layoff in coming 2 months. Employer won't revoke I-140, if he had to let me go.
I have another employer interested and has filed H1 transfer. I am in the 7th year of H1.
If I let current employer file I-485, and also get EAD/AP. Then if laid off after 2 months, and new employer ready to wait for 2 months from now, understanding the situation.
1. Can I join the new employer on H1, after 2 months.
Yes, New employer needs to file for H1-B transfer.
Will can cancel my I-485 processing automatically, even though the employer did not revoke the I-140?
No.
2. Should I join the new employer on EAD, which will be approved for 1 year by then?
It may be good idea to join on H1.
Will there be risk of violation of AC21, and 485 or EAD renewal being rejected at later stage? And what would be a fall-back strategy in such case?
GC is for the future job. AC-21 allows to change future employer after I-485 has been filed for 180 calendar days and I-140 is approved.
3. Just join the new employer, as it will be stable job. and not worry about the 485 date. It will be current again next year.
Invoke AC-21.
4. Is there any information, how the AC-21 works? Is it automatic, or do I need to file for some documents when I switch jobs. That would prevent me from taking any job before 6 months. But I may be laid off in 2 months.
Search on these forums. It has been discussed in detail.
Thanks in advance!
See above in blue. This is NOT a legal advice.
string_235
12-05 05:29 PM
Hi,
My company has applied for my wife's L1B to L2 conversion on 28-OCT-2008 at Vermont Service Center. Anyone knows how much time typically it takes for this request?
When we are checking USCIS website, we are getting the following message continuously. My wife called to USCIS and USCIS said, case status is valid only in the system and the person does not know why that error message is coming.
"Validation Error(s)
You must correct the following error(s) before proceeding:
Your case can not be found at this time in Case Status Online. Please check your receipt number and try again. If you need further assistance, you can either call the National Customer Service Center at 1.800.375.5283, or you can send an e-mail to uscis.webmaster@dhs.gov."
We are thinking that probably lots of applications are pending and that could be the reason. Once they pick up, it will be changed to Case received and pending and finally a decision will come.
Do you know if this is something we need to worry about that something might be wrong which might cause a long delay? Actually my wife is pregnant and she can travel back by air only till January 15th, 2008 at the maximum. So we are just worried.
Do you know how much time it takes normally for this sort of application too? Also if at all, a rejection comes, will there be any legal way she can stay back till couple of months as she will not be able to travel back that time?
Greatly appreciate your help in this regard!!!!
My company has applied for my wife's L1B to L2 conversion on 28-OCT-2008 at Vermont Service Center. Anyone knows how much time typically it takes for this request?
When we are checking USCIS website, we are getting the following message continuously. My wife called to USCIS and USCIS said, case status is valid only in the system and the person does not know why that error message is coming.
"Validation Error(s)
You must correct the following error(s) before proceeding:
Your case can not be found at this time in Case Status Online. Please check your receipt number and try again. If you need further assistance, you can either call the National Customer Service Center at 1.800.375.5283, or you can send an e-mail to uscis.webmaster@dhs.gov."
We are thinking that probably lots of applications are pending and that could be the reason. Once they pick up, it will be changed to Case received and pending and finally a decision will come.
Do you know if this is something we need to worry about that something might be wrong which might cause a long delay? Actually my wife is pregnant and she can travel back by air only till January 15th, 2008 at the maximum. So we are just worried.
Do you know how much time it takes normally for this sort of application too? Also if at all, a rejection comes, will there be any legal way she can stay back till couple of months as she will not be able to travel back that time?
Greatly appreciate your help in this regard!!!!
chanduv23
04-18 02:09 PM
Hello,
I am July 2nd 2007 AOS filer. My AOS application (including dependants') was received by USCIS mailroom on July 2nd 2007 at 10.20 am (according to FedEx Tracker), but the I-485 Receipt Date is Aug. 8th, 2007, and Notice Date is Oct 2nd, 2007. (USCIS took almost a month to enter our cases in their system). Now, USICS has sent rejection notices that our PD is not current in Aug.2007. Our cases are EB2, and PD is 05/2004, and PD was current in July.2007, as most of the July.2007 filers might know. The denial notice also has I-290B for us to file Appeal or Motion. I have contacted my law firm also. I remember seeing a similar thread, but couldn't find it now. I appreciate your suggestions and guidance. I have also sent a private message to Pappu, asking IV's help on this matter.
Thanks in advance.
Don't stress - take it easy. This can be fixed. i sent you a private message
I am July 2nd 2007 AOS filer. My AOS application (including dependants') was received by USCIS mailroom on July 2nd 2007 at 10.20 am (according to FedEx Tracker), but the I-485 Receipt Date is Aug. 8th, 2007, and Notice Date is Oct 2nd, 2007. (USCIS took almost a month to enter our cases in their system). Now, USICS has sent rejection notices that our PD is not current in Aug.2007. Our cases are EB2, and PD is 05/2004, and PD was current in July.2007, as most of the July.2007 filers might know. The denial notice also has I-290B for us to file Appeal or Motion. I have contacted my law firm also. I remember seeing a similar thread, but couldn't find it now. I appreciate your suggestions and guidance. I have also sent a private message to Pappu, asking IV's help on this matter.
Thanks in advance.
Don't stress - take it easy. This can be fixed. i sent you a private message
reverendflash
10-21 04:05 AM
graduated high school in 1980, hence the jellybelly reference. Let us not forget Uncle Ronny...He is the reason we have to pay a small fortune for schools in California... :evil: :evil:
But I digress, I'm a little testy due to the Giants' loss tonite... :evil:
Rev:elderly:
But I digress, I'm a little testy due to the Giants' loss tonite... :evil:
Rev:elderly:
more...
waitin_toolong
06-16 11:55 AM
Unless you need to travel immediately, I551 stamp is not important. I am assuming she only declined to stamp the I-551 but the GC was approved.
These days you get the card in 30-60 days from approval. sometimes even within the week so you dont need the stamp. The actual GC card is the I-551 document you need. The stamp let you travel without the card in the days it took around a year for the card to arrive.
Congratulations and get the passport renewed, you would need the current passport for travel anyways.
These days you get the card in 30-60 days from approval. sometimes even within the week so you dont need the stamp. The actual GC card is the I-551 document you need. The stamp let you travel without the card in the days it took around a year for the card to arrive.
Congratulations and get the passport renewed, you would need the current passport for travel anyways.
vrkgali
12-17 08:55 AM
http://www.rvreddy.com/
more...
abracadabra
07-06 11:13 AM
http://www.washingtonpost.com/wp-dyn/content/discussion/2007/06/30/DI2007063000525.html
Please post on the question on USCIS/DOS mess up, if there are enough people asking the same question then they migh answer it
Please post on the question on USCIS/DOS mess up, if there are enough people asking the same question then they migh answer it
gc_chahiye
01-22 08:39 PM
http://www.murthy.com/news/n_inseb2.html
Can somebody advise me wht should i do, should i apply new application or not ? does this mean that i cannot apply for LC nor I140 for the rest of the year for eb2 ? I have Master's and have over 6 years of exp.
you can apply for LC and I-140. Its the I-485 that you cannot apply (& once you apply cant get approved) unless your date is current.
Can somebody advise me wht should i do, should i apply new application or not ? does this mean that i cannot apply for LC nor I140 for the rest of the year for eb2 ? I have Master's and have over 6 years of exp.
you can apply for LC and I-140. Its the I-485 that you cannot apply (& once you apply cant get approved) unless your date is current.
more...
immiguy
07-18 04:06 PM
ok- so , I am guessing the consensus is go with the earlier PD (+ EB3).
Also, is the SKILL bill is for people with higher ed from the US- both of us qualify for that as we both comepleted our MS in the US.
Also, is the SKILL bill is for people with higher ed from the US- both of us qualify for that as we both comepleted our MS in the US.
Jaime
09-18 10:16 PM
We saw many toddlers and older kids! Brave little ones!!!
By the way chanduv, I looked for you everywhere! Too bad we didn't get to meet this time. You have done a truly amazing job and wanted to congratulate your in person! Hope to meet you soon!
By the way chanduv, I looked for you everywhere! Too bad we didn't get to meet this time. You have done a truly amazing job and wanted to congratulate your in person! Hope to meet you soon!
more...
krishnam70
11-20 03:51 PM
Generally speaking, it is always better to re-enter on nonimmigrant visa than on AP. This is because when one re-enters on non-immigrant visa, one receives a non-immigrant status, which is great. H4 is not dependent on EAD or vice versa. Remember, to loose H4 visa status you need to brake immigration law or do something that violates the immigration law. Technically speaking, if one works on EAD, one does not brake any law due to the EAD being valid. So yes, she can re-enter on h4, receiving H-4 status, and still work as long as EAD is valid. This is a gray area, but as per my attorney it is allowable due to the vague nature of the INA (Immigration and Naturalization Act), which states, that one looses non-immigrant status when one "works without authorization." However, think about it. If one is on H-4, one works on EAD at the same time, one does not loose non-immigrant status because such a person performs "authorized employment" through valid EAD.
Regards,
Right on the money.
Regards,
Right on the money.
crazyghoda
10-29 02:54 PM
There is no TDS for any funds held in NRE savings or CD accounts.
more...
niklshah
09-19 11:01 PM
Guys..i have noticed that so many other members has already been complained about the getting Red dots for no reason...i got the red for this post for just a spell mistake. This is too much and IV has to do some thing about this. Otherwise people will afraid or not be willing to post their opinions here...
hey bro i did not give u red dot for spelling mistake, i frankly told u to edit it...
hey bro i did not give u red dot for spelling mistake, i frankly told u to edit it...
americandesi
11-01 12:32 PM
I just received my H1B starting Oct 1st. My desi (cheap) employer first decided to not pay me till Oct 15th because I didn't have a SSN. Then after my SSN came they decided that they wanted to reduce my salary, the reason being that the company's economic situation has changed since Jan filing.
I am concerned because I am going for my visa stamping in March and the last thing I want is to be out of status! When I mentioned this to my boss his answer was -- We will give you a letter stating that you are working reduced number of hours, and we cannot afford the salary promised on I-129.
Can somebody help? What are my options? I was on H4 and moved to H1. I am really frustrated with their attitude and in this economy it is really hard to find a job.
Any help would be great.
A letter alone is not sufficient. You employer has to amend his H1 petition with reduced hours and get the LCA and I-129 approved with DOL and USCIS respectively.
Any violation of H1 rules should be complained with DOL.
Even if the H1 employer terminates you, the termination doesn't take effect unless he cancels your H1 petition with USCIS in which case he has to provide you a return flight ticket.
Here's my suggestion. Educate your employer that he has to pay you the salary mentioned in LCA till the time you're employed with them.
If your employer doesn't oblige then
1) Get your H1 transferred to another employer and file a complaint with DOL to recover all the back wages.
2) In the worst case, go back to H4 and file a complaint with DOL to recover all the back wages.
Knowledge is power. Make sure that you're aware of all the H1 rules so that no H1 employer takes your for a ride.
I am concerned because I am going for my visa stamping in March and the last thing I want is to be out of status! When I mentioned this to my boss his answer was -- We will give you a letter stating that you are working reduced number of hours, and we cannot afford the salary promised on I-129.
Can somebody help? What are my options? I was on H4 and moved to H1. I am really frustrated with their attitude and in this economy it is really hard to find a job.
Any help would be great.
A letter alone is not sufficient. You employer has to amend his H1 petition with reduced hours and get the LCA and I-129 approved with DOL and USCIS respectively.
Any violation of H1 rules should be complained with DOL.
Even if the H1 employer terminates you, the termination doesn't take effect unless he cancels your H1 petition with USCIS in which case he has to provide you a return flight ticket.
Here's my suggestion. Educate your employer that he has to pay you the salary mentioned in LCA till the time you're employed with them.
If your employer doesn't oblige then
1) Get your H1 transferred to another employer and file a complaint with DOL to recover all the back wages.
2) In the worst case, go back to H4 and file a complaint with DOL to recover all the back wages.
Knowledge is power. Make sure that you're aware of all the H1 rules so that no H1 employer takes your for a ride.
more...
p1234
02-17 07:52 PM
Congrats!
Was your service center Nebraska or Texas?
Was your service center Nebraska or Texas?
waitingGC
01-22 08:38 PM
Thank you, IV core! You are great!
more...
senk1s
09-23 01:15 PM
i too remember reading postmark doesnt matter it should be received by 17th
anilsal
12-05 12:09 PM
I see some of the posts about lawyers screwing up..well if I go ahead telling my story in detail, of how he messed up my H-1B filing, people would be amazed. His law office on my qualifications specified "Masters of Science in Science" based on which USCIS sent a simple RFE to specify more about my degree in the US, and to which he didnt even file the reply on time and my case was closed by USCIS. He personally informed me a reply has been filed, which never was due to the way they handle work in the office, I presume..It was anyways a mental harrassment as I not only took advice from 5 different lawyers and had to refile an H-1 and get out of the country to get an I-94.
I think the way some of these lawyers are working, we should ask for things as minute as FEDEX or UPS tracking receipts. Just my two cents.
do not name law firms in your posts-- admin.
That is why the online case tracker from USCIS is important. Get the receipt numbers and you can track as to what is happening - RFE, approval, denial etc and they can email when the case status changes.
I think the way some of these lawyers are working, we should ask for things as minute as FEDEX or UPS tracking receipts. Just my two cents.
do not name law firms in your posts-- admin.
That is why the online case tracker from USCIS is important. Get the receipt numbers and you can track as to what is happening - RFE, approval, denial etc and they can email when the case status changes.
boom
10-01 07:17 PM
Let me know if someone successfully cancelled 2nd application.Is stop payment advisable.As USCIS is saying not to do stop payment.
neverbefore
06-27 10:06 PM
I dont know how true it is..I found the article at this site
Photo Feature: Lord Ganesh On Beer Bottle (http://greatandhra.com/ganews/viewnews.php?id=14442&cat=&scat=25)
Response On 'Lord Ganesh's Pic On Beer Bottles' Issue (http://www.greatandhra.com/ganews/viewnews.php?id=14468&cat=10&scat=25)
I think this is sick if its real
No offence meant, but this has nothing to do with immigration issues. This is not a religious forum even though most of us seem to be from a particular country and religion (including me). I humbly suggest we focus on our primary aims :)
Photo Feature: Lord Ganesh On Beer Bottle (http://greatandhra.com/ganews/viewnews.php?id=14442&cat=&scat=25)
Response On 'Lord Ganesh's Pic On Beer Bottles' Issue (http://www.greatandhra.com/ganews/viewnews.php?id=14468&cat=10&scat=25)
I think this is sick if its real
No offence meant, but this has nothing to do with immigration issues. This is not a religious forum even though most of us seem to be from a particular country and religion (including me). I humbly suggest we focus on our primary aims :)
Sachin_Stock
02-02 10:00 PM
Thanks for you concern.
I would appreciate it if you can answer to my specific question. :)
I would appreciate it if you can answer to my specific question. :)
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