raj2007
02-18 01:36 AM
Folks,
I need to invoke AC21 at the earliest. I have applied my 485 and I-140 concurrently on Aug 17th. It has just been over 183 days. My 140 is still pending. Due to some reasons, I have to leave my current employer immodestly.
I know there has been lot of threads discussing about risks involved with using AC21 without approved 140. But I do not have an option at this point. My PD date is Nov-2004 and the way I-140 's are being processed, it is going take at least couple more months before I can expect my 140 approval.
I have the following questions:
1) I read in Aytes memo, that if it is over 180 days, they would check for evidence that the case is approval or would have been approval had it been adjudicated within 180 days. Now, if the USCIS sends an RFE for 140 after 180 days, would it still go to my old firm's attorney? If yes, then how would we handle this scenarrio...
I work for a Big 5 Consulting firm and ability to pay should not be an issue. As far as my education is concerned, I have Bachelors in Computer Science Engineering from India and a MS in the same field in US...My experience matches the labor cert. requirements. What are the chance that I might get an RFE? I filed my application at TSC
2) Also, if the 140 is approved, it would go to my old company's attorney..right? How would I get a copy of the same.
To your old employer
3) If I invoke AC21 using my EAD and in the worst case scenario, if my 140 and 485 is rejected, can I then transfer my H1B to an other company (I still have some years left) or will that be a problem because I was not on H-1b at that time?
For invokig Ac21 doesn't mean you have to use EAD..you can transfer your h1 to new employer.
Would it be treated as a new application where in I have to try to get into the quota or it would just be a normal H-1b transfer...
Also, I'm looking for a good attorney to help me invoke AC21...Please advise!
Gurus... please help me with your suggestions.
chk above
I need to invoke AC21 at the earliest. I have applied my 485 and I-140 concurrently on Aug 17th. It has just been over 183 days. My 140 is still pending. Due to some reasons, I have to leave my current employer immodestly.
I know there has been lot of threads discussing about risks involved with using AC21 without approved 140. But I do not have an option at this point. My PD date is Nov-2004 and the way I-140 's are being processed, it is going take at least couple more months before I can expect my 140 approval.
I have the following questions:
1) I read in Aytes memo, that if it is over 180 days, they would check for evidence that the case is approval or would have been approval had it been adjudicated within 180 days. Now, if the USCIS sends an RFE for 140 after 180 days, would it still go to my old firm's attorney? If yes, then how would we handle this scenarrio...
I work for a Big 5 Consulting firm and ability to pay should not be an issue. As far as my education is concerned, I have Bachelors in Computer Science Engineering from India and a MS in the same field in US...My experience matches the labor cert. requirements. What are the chance that I might get an RFE? I filed my application at TSC
2) Also, if the 140 is approved, it would go to my old company's attorney..right? How would I get a copy of the same.
To your old employer
3) If I invoke AC21 using my EAD and in the worst case scenario, if my 140 and 485 is rejected, can I then transfer my H1B to an other company (I still have some years left) or will that be a problem because I was not on H-1b at that time?
For invokig Ac21 doesn't mean you have to use EAD..you can transfer your h1 to new employer.
Would it be treated as a new application where in I have to try to get into the quota or it would just be a normal H-1b transfer...
Also, I'm looking for a good attorney to help me invoke AC21...Please advise!
Gurus... please help me with your suggestions.
chk above
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singhsa3
05-01 11:50 AM
I know only three things:
a) USCIS recommend DOS what visa cut off dates are .
b) We know that cut off dates movement have been arbitrary
c) If I don't help myself there is no one who is going to help me out of this mess.
First USCIS has no control or rights in visa allocation. It is 100% DOS job. I am not pesimistic, but it may not helpful. DOS under obligations, sets the cutoff dates in various catagories as per INA, its regulations and their SOP. Recommending some procedure is a major change for them. They have to verify whatever you recommend does not violate INA, and the regulations. Even ombudusman has not achived to modify the visa allocation procedure at DOS. Only thing you can do is, if you have any evidence that DOS is not following the INA or the regulation, you can bring to their notice. Thats all you can do.
a) USCIS recommend DOS what visa cut off dates are .
b) We know that cut off dates movement have been arbitrary
c) If I don't help myself there is no one who is going to help me out of this mess.
First USCIS has no control or rights in visa allocation. It is 100% DOS job. I am not pesimistic, but it may not helpful. DOS under obligations, sets the cutoff dates in various catagories as per INA, its regulations and their SOP. Recommending some procedure is a major change for them. They have to verify whatever you recommend does not violate INA, and the regulations. Even ombudusman has not achived to modify the visa allocation procedure at DOS. Only thing you can do is, if you have any evidence that DOS is not following the INA or the regulation, you can bring to their notice. Thats all you can do.
ajju
02-24 09:00 PM
http://www.irs.gov/taxpros/article/0,,id=165705,00.html
This is what i found on the irs website - still havent decided whether to e-file or paper file
Just eFiled Federal and its already accepted.. My AGI was as it was last year and for spouse (new SSN) put AGI=0.. I needed to confirm the AGI twice and it went thru then.. And next day I received email that return has been accepted... Didn't filed state for personal reasons...
So I don't see any reason why not eFile.. its faster... Lots of others have already done and thats how I came to know that I need to enter spouse's AGI=0... And filed using her new SSN.. No mention of ITIN anywhere...
This is what i found on the irs website - still havent decided whether to e-file or paper file
Just eFiled Federal and its already accepted.. My AGI was as it was last year and for spouse (new SSN) put AGI=0.. I needed to confirm the AGI twice and it went thru then.. And next day I received email that return has been accepted... Didn't filed state for personal reasons...
So I don't see any reason why not eFile.. its faster... Lots of others have already done and thats how I came to know that I need to enter spouse's AGI=0... And filed using her new SSN.. No mention of ITIN anywhere...
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tabletpc
08-27 11:46 AM
I was under a foolish assumption that with pendidng PR for canada i can't appy for visitors visa. Good that i decided to clarify here.
Will start working towards it....
Thank U ALL....
Will start working towards it....
Thank U ALL....
more...
chanduv23
12-08 11:32 PM
Come on fellow IVans
Just CONTRIBUTE CONTRIBUTE CONTRIBUTE
Just CONTRIBUTE CONTRIBUTE CONTRIBUTE
anilsal
01-18 04:49 PM
People need to wake up to reality.
more...
kondur_007
03-25 08:31 PM
Got some answers for you (they are in red below).
good luck.
My case details below:
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor.
My 485 was filed way back in Sep 2004.
My 140 was approved way back in Nov 2004.
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.
2004 W2 � shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$)
2005 W2 � shows 57,000$/yr
2006 W2 � shows 50,000$/yr
2007 W2 � shows 58,000$/yr
2008 W2 � shows 67,000$/yr
Never changed employers nor job titles.
My concerns and questions below:
Q1) Will my 485 approval be affected due to the W2�s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor.
This may generate an RFE. There is a question on I 140 that asks "is the beneficiary currently employed at the proposed job?" and if that was marked "yes" in original I 140 petetion, USCIS can raise the question about the salary.
Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here?
Depends on what I answered for Q1: if that question was asnwered "yes", USCIS can ask the employer abou the explanation.
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.
Sorry boss....Can't answer this! God only knows. Or may be even God does not know!!
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP?
I do not see advantage of doint it. Also you will loose benefits of EAD and AP (in case you change employer or run out of H visa). I personally would not recommend it but there can be a difference of opinion.
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?
That may not be a bad idea. Especially if you can do with a different employer, there is no disadvantage of doing it and it may eventually bring your GC earlier. EB3 India (at current pace) is going no where till all EB2 are current and EB3 row is current and overflows.
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC?
This is the most complicated question. as such, you were out of status (if you are on H1 and on bench) during the bench period. If you ware on EAD (not on H1), you were absolutely fine. Also it will depend on whether it was after the filing of 485 or before. total duration of out of status (less or more than 180 days for 245(k) protection) etc. On this issue, I would highly recommend to ask a competent lawyer and straighten it up.
Thanks.
good luck.
My case details below:
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor.
My 485 was filed way back in Sep 2004.
My 140 was approved way back in Nov 2004.
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.
2004 W2 � shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$)
2005 W2 � shows 57,000$/yr
2006 W2 � shows 50,000$/yr
2007 W2 � shows 58,000$/yr
2008 W2 � shows 67,000$/yr
Never changed employers nor job titles.
My concerns and questions below:
Q1) Will my 485 approval be affected due to the W2�s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor.
This may generate an RFE. There is a question on I 140 that asks "is the beneficiary currently employed at the proposed job?" and if that was marked "yes" in original I 140 petetion, USCIS can raise the question about the salary.
Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here?
Depends on what I answered for Q1: if that question was asnwered "yes", USCIS can ask the employer abou the explanation.
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.
Sorry boss....Can't answer this! God only knows. Or may be even God does not know!!
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP?
I do not see advantage of doint it. Also you will loose benefits of EAD and AP (in case you change employer or run out of H visa). I personally would not recommend it but there can be a difference of opinion.
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?
That may not be a bad idea. Especially if you can do with a different employer, there is no disadvantage of doing it and it may eventually bring your GC earlier. EB3 India (at current pace) is going no where till all EB2 are current and EB3 row is current and overflows.
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC?
This is the most complicated question. as such, you were out of status (if you are on H1 and on bench) during the bench period. If you ware on EAD (not on H1), you were absolutely fine. Also it will depend on whether it was after the filing of 485 or before. total duration of out of status (less or more than 180 days for 245(k) protection) etc. On this issue, I would highly recommend to ask a competent lawyer and straighten it up.
Thanks.
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drona
07-12 02:49 PM
But won't we have right to contribute once we get our green cards. The sooner the better then?
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rsdang
11-20 10:53 AM
http://cli.gs/De4Z4u
BTW, what's scary about this memo..
Infact, I find it encouraging, that TSC is trying to facilitate the process one way or other, given their system deficiency.
Are we missing something?
I wish Nebraska did this too and for all forms not just I-140...
BTW, what's scary about this memo..
Infact, I find it encouraging, that TSC is trying to facilitate the process one way or other, given their system deficiency.
Are we missing something?
I wish Nebraska did this too and for all forms not just I-140...
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nixstor
03-24 02:55 PM
Now everything is queued..... no more cutting lines.
Dear VB,
I have noticed that you are creating new threads just for the heck of it. If you really have an issue that warrants a separate thread and discussion, please go ahead and do it. Please do not abuse the forum. Use your discretion wisely and stop creating threads that depict frustration.
Dear VB,
I have noticed that you are creating new threads just for the heck of it. If you really have an issue that warrants a separate thread and discussion, please go ahead and do it. Please do not abuse the forum. Use your discretion wisely and stop creating threads that depict frustration.
more...
reverendflash
10-21 01:33 AM
You are getting there, but I was thinking South and East (to the right).. :P
here is a link to a great explaination of the "rule of 3rds"
http://www.itecksu.org/courses/DesVisWeb/pages/rulethirds.htm
Rev:elderly:
here is a link to a great explaination of the "rule of 3rds"
http://www.itecksu.org/courses/DesVisWeb/pages/rulethirds.htm
Rev:elderly:
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gopi246
03-20 02:43 PM
IMHO: That's not how it works. SSA doesn't contact USCIS, it actually searches a simple Database which has I-94 number and work status. When you change the status in US, USCIS updates the status associated with your I-94 as "eligible to work". Similarly after obtaining the first I-94 on H1B at POE, ICE updates the status as eligible to work. In each case it is done automatically by using machine readable I-94 numbers through OCR. These updates generally take a week or two.
If for some reason SSA can't find you information, only reason I see is the I-94 number that they entered came back with "No Match" meaning not eligible to work. Since everything else is automated the only manual entry is at SSA, if I were you I would check that first. The only other thing that could go wrong is ICE failed to update your status for some reason after your first entry. If this doesn't get resolved contact you congressmen immediately for hardship because of no pay checks. They might be able to resolve this bureaucratic logjam faster than you.
Hope this helps. Good Luck.
Thanks a lot. Your inputs are very informative. I will try it out again. Thank you once again.
If for some reason SSA can't find you information, only reason I see is the I-94 number that they entered came back with "No Match" meaning not eligible to work. Since everything else is automated the only manual entry is at SSA, if I were you I would check that first. The only other thing that could go wrong is ICE failed to update your status for some reason after your first entry. If this doesn't get resolved contact you congressmen immediately for hardship because of no pay checks. They might be able to resolve this bureaucratic logjam faster than you.
Hope this helps. Good Luck.
Thanks a lot. Your inputs are very informative. I will try it out again. Thank you once again.
more...
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camilopino
01-08 04:48 PM
Well the processing times for my cathegory are January 07, which I supose means that there are five months later than my I485 receipt date: July 07. I suppose it will happen one day. Thanks!
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amitga
05-23 01:45 PM
My attorney told me that EAD to H1 will not counted against the cap if the person was on H1 before going on EAD. Is it true.
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newuser
05-10 09:34 PM
We recently had the same problem for my in-laws appointment (Hyd). The calendar shows the dates are avaiable, but when we are about to make the actual appointment, the hyperlinks are missing on the calendar. VFS did acknowledge this issue when I called their customer support no. There said to try after couple of hours ( or may be days) and it did work.
Save the applications and try to schedule the date at a latter time. Call the customer support no on VFS website. Sometimes they would to try to schedule appointment. In my case, it didn't work even for the Customer Service Rep also.
Best of luck.
Save the applications and try to schedule the date at a latter time. Call the customer support no on VFS website. Sometimes they would to try to schedule appointment. In my case, it didn't work even for the Customer Service Rep also.
Best of luck.
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amsgc
06-10 11:39 PM
Now, that is an interesting question. I think the answer is: ambition.
I am convinced that those who don't participate in the action items simply lack ambition. If you were to ask them what their life would be like after getting the GC, I am fairly certain they would say "pretty much the same". And that is exactly the problem - they cannot imagine the doors it will open or the opportunities that will become available. For them the green card is a mere travel/work document, with some semblance of permanency. They want to "be" in America, but they don't know how to make the best by "living" in it. They will buy a house, or get a job that pays a few dollars more, but it will pretty much end there. The most ambitious of the lot will probably start a desi consulting company with other like minded losers.
You on the other hand, possibly have plans. You probably want to go back to school to learn something new. Maybe you have an idea to start a new business, or a non profit or attempt a different profession! You want to make the best of the possibilities and maximize your potential, and do things you couldn't do without the privilege to live, work and think freely.
But don't lose heart. There are many, if not all, who are with you in this initiative.
1000+ views in 8 hours but only 2 more people have called all representatives during the entire day today.
Seriously, what will it take for the rest of you to call?
I am convinced that those who don't participate in the action items simply lack ambition. If you were to ask them what their life would be like after getting the GC, I am fairly certain they would say "pretty much the same". And that is exactly the problem - they cannot imagine the doors it will open or the opportunities that will become available. For them the green card is a mere travel/work document, with some semblance of permanency. They want to "be" in America, but they don't know how to make the best by "living" in it. They will buy a house, or get a job that pays a few dollars more, but it will pretty much end there. The most ambitious of the lot will probably start a desi consulting company with other like minded losers.
You on the other hand, possibly have plans. You probably want to go back to school to learn something new. Maybe you have an idea to start a new business, or a non profit or attempt a different profession! You want to make the best of the possibilities and maximize your potential, and do things you couldn't do without the privilege to live, work and think freely.
But don't lose heart. There are many, if not all, who are with you in this initiative.
1000+ views in 8 hours but only 2 more people have called all representatives during the entire day today.
Seriously, what will it take for the rest of you to call?
more...
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starseed
07-20 06:10 PM
LOL! I did that already in May and the Local office IO was so incredibly RUDE and unhelpful. She told me absolutely nothing other than confusing me by saying my application was being processed on the East Coast and it would be another 3 months or so....... Bet she was just looking at the "EAC" in my receipt # to come up with "East Coast". I confirmed today it is definitely at TSC.
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nlssubbu
12-12 07:30 PM
Hi!
I have an approved H1 until 2009 but expired visa in my passport. I have AP and EAD approved. My lawyer has the original I-485 receipt notice - I only have a fax of it. I am travelling to India in Jan-08.
I am planning to re-enter the USA on AP. Do I need original I-485 receipt to re-enter? OR is AP documents enough? Do I need to carry approved H1-B notice or any other docs?
Thanks for your help!
Vivek.
I-485 receipt notice belongs to you and I do not know why your attorney retained them. If your attorney is not appointed by you and employed through your company, it is all the more better, if you have this copy with you.
If you are planning to re-enter using AP, then have the original I-485 receipt notice and the company letter to be on the safer side.
Have a safe trip!
I have an approved H1 until 2009 but expired visa in my passport. I have AP and EAD approved. My lawyer has the original I-485 receipt notice - I only have a fax of it. I am travelling to India in Jan-08.
I am planning to re-enter the USA on AP. Do I need original I-485 receipt to re-enter? OR is AP documents enough? Do I need to carry approved H1-B notice or any other docs?
Thanks for your help!
Vivek.
I-485 receipt notice belongs to you and I do not know why your attorney retained them. If your attorney is not appointed by you and employed through your company, it is all the more better, if you have this copy with you.
If you are planning to re-enter using AP, then have the original I-485 receipt notice and the company letter to be on the safer side.
Have a safe trip!
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desidude
12-22 10:12 AM
I applied I-140 with a substitution labor in May'07. Then I applied I-485 on July2nd,2007. Got EAD on Aug20th. Two months back my I-140 was approved. Now I am on EAD. I am working with a very good financial corporation which they are asking me to join as full-time from Jan1st2008. I told my manager that I can join as a full-time from Feb20th 2008. Can any one throw some light on these doubts?
1. What happens if I move before 180 days of EAD to this new company and send AC21 to USCIS after finishing 180 days on EAD?
2. If I moved after 180 days what kind of queries we get from USCIS on AC21?
3. Do we need to make sure my employer also agrees what we are doing? What kind of documents we need from the existing employer?
4. Does my new company has to give same exact responsibilities as my labor certificate?
I would appreciate if any one replies to these posts. Thanks in advance.
Technically speaking, your 180 days start from the day you filed your I-485. ie. 180 days start from July 2nd in your case. You can still clarify with your attorney to make sure.
1. What happens if I move before 180 days of EAD to this new company and send AC21 to USCIS after finishing 180 days on EAD?
2. If I moved after 180 days what kind of queries we get from USCIS on AC21?
3. Do we need to make sure my employer also agrees what we are doing? What kind of documents we need from the existing employer?
4. Does my new company has to give same exact responsibilities as my labor certificate?
I would appreciate if any one replies to these posts. Thanks in advance.
Technically speaking, your 180 days start from the day you filed your I-485. ie. 180 days start from July 2nd in your case. You can still clarify with your attorney to make sure.
wandmaker
07-06 11:47 AM
Please let me know whether it is possible for a person with valid H1B pettion with expired visa stamping can use the AP at POE to enter the US.
Thanks.
It does not matter, as long as your AP is valid, you can use it enter US.
Thanks.
It does not matter, as long as your AP is valid, you can use it enter US.
trueguy
08-11 02:55 PM
Doesn't work. When I select nationality as India, results are ZERO. I wish that was true :)
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