logiclife
12-28 12:44 PM
There are more risks in using AC21 before 140 approval.
Read the Aytes memo of Dec 2005 regarding portability before 140 approval. There is all kinds of things that can go wrong if you port off to a new employer before 140 approval.
Other than employer withdrawing 140, the other issues are that if there is an RFE on your 140 and you have already used portability and ported off to new employer using EAD, then what would you do if that 140 doesnt get approved. Because if your H1 6 years have been used up, you are on EAD status, and your underlying 140 tied to 485 doesnt get approved, then it means you are out of status and you are out of luck. You cant even stay here to appeal the whole thing, you have to pack up and go back.
Read the Aytes memo of Dec 2005 regarding portability before 140 approval. There is all kinds of things that can go wrong if you port off to a new employer before 140 approval.
Other than employer withdrawing 140, the other issues are that if there is an RFE on your 140 and you have already used portability and ported off to new employer using EAD, then what would you do if that 140 doesnt get approved. Because if your H1 6 years have been used up, you are on EAD status, and your underlying 140 tied to 485 doesnt get approved, then it means you are out of status and you are out of luck. You cant even stay here to appeal the whole thing, you have to pack up and go back.
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shirish
02-13 11:46 AM
I received LUDs on my 485 and my wife's 485 and my H1 (Which was recently extended) and Already approved 140.
I have not used AC21 or any thing that would change any thing in my case.
So i guess LUDs may not be tied to AC21 use.
I received a soft lud on my H1B approved in Nov 2007. All other cases do not have any LUD. I guess it is just the system touching these records as routine maintainence.
I have not used AC21 or any thing that would change any thing in my case.
So i guess LUDs may not be tied to AC21 use.
I received a soft lud on my H1B approved in Nov 2007. All other cases do not have any LUD. I guess it is just the system touching these records as routine maintainence.
bujjigadu123
03-03 06:03 PM
it looks like it was a "hoax" or mistake on their part.
my exp. has been that they are usually don't go for a "NO SHOW".
I too thought that it could be a hoax call. But When I discussed with my employer and came to know the name of the person who called me is same as that of person who visited our employer 2 months back, then I realized that it is not a hoax call.
But I really don't understand what was the purpose and why I got such call and why he did not show up. Till now there is no communication from the officer.
my exp. has been that they are usually don't go for a "NO SHOW".
I too thought that it could be a hoax call. But When I discussed with my employer and came to know the name of the person who called me is same as that of person who visited our employer 2 months back, then I realized that it is not a hoax call.
But I really don't understand what was the purpose and why I got such call and why he did not show up. Till now there is no communication from the officer.
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unitednations
03-11 03:43 PM
I remember seeing Wipro, Satyam & Infosys reply to Durbin/Graasley. They were published in economictimes.
"non answer" meant they didn't answer his questions but rather gave some vague reply of how h-1 was good for usa.
If I was on the receivng end of that response; I would have thought that these guys are playing with me and by not answering the quesitons; then they are obviously trying to hide something. Therefore, I will attack them in another way to make them conform to the behaviour I want.
"non answer" meant they didn't answer his questions but rather gave some vague reply of how h-1 was good for usa.
If I was on the receivng end of that response; I would have thought that these guys are playing with me and by not answering the quesitons; then they are obviously trying to hide something. Therefore, I will attack them in another way to make them conform to the behaviour I want.
more...
anshulk77
08-10 11:23 AM
I believe if you get a receipt notice , that means your initial evidence is ok
That you have send the right documents, but it doesnt mean it cant be rejected in the future
Experts correct me if I am wrong
Receipt Notice means they accepted the case for reveiwing. I guess these rejections came after they reveiwed the case.
That you have send the right documents, but it doesnt mean it cant be rejected in the future
Experts correct me if I am wrong
Receipt Notice means they accepted the case for reveiwing. I guess these rejections came after they reveiwed the case.
HV000
02-15 02:47 PM
I have notice one more soft LUD on new I 129. I don't know whats going on.
Any one with same or similar experience?
Hi shana,
Don't think tooo much about this. Nobody knows exactly how and when LUD is updated.
Any one with same or similar experience?
Hi shana,
Don't think tooo much about this. Nobody knows exactly how and when LUD is updated.
more...
logiclife
12-28 04:50 PM
Very good point logiclife. what happens in this following scenario when 140 is approved and when 140 is pending.
Person X has completed 180 days after 485 filing, used is 6 yrs of H1 and now he got a 3 yrs of H1B from the same employer. If this person uses AC21 & EAD and joins another company and after 1 yr his 485 is rejected for wrong reasons, will this person be out of status(since used EAD) or will be in status since his H1b is still valid with the old employer (Assumed the employer has not revoked). Will it be safe to come back to the same employer.
Thanks
Sree
PLEASE SPEAK WITH YOUR ATTORNEY TO EXPLORE YOUR OPTIONS. Every case is unique and whatever is here on forums may not apply to everyone. I am not a lawyer and this is not legal advise.
I dont think that after using H1 for 6 years, you can switch to H1 status from EAD status once 485 is rejected. Now, if you have used less than 6 years of H1, and then used AC21 portability, used EAD, abandoned H1 status and continued on EAD status and if the 485 gets rejected, there may be a way to reclaim the remaining unused portion of H1. It may involve going out of country and coming back in. Check with a lawyer, I dont know much and haven seen any case where someone who was on EAD status could go back to H1 status. Usually H1 to EAD is a one-way street, especially if you have already used up the 6 years of H1 stay in country.
Person X has completed 180 days after 485 filing, used is 6 yrs of H1 and now he got a 3 yrs of H1B from the same employer. If this person uses AC21 & EAD and joins another company and after 1 yr his 485 is rejected for wrong reasons, will this person be out of status(since used EAD) or will be in status since his H1b is still valid with the old employer (Assumed the employer has not revoked). Will it be safe to come back to the same employer.
Thanks
Sree
PLEASE SPEAK WITH YOUR ATTORNEY TO EXPLORE YOUR OPTIONS. Every case is unique and whatever is here on forums may not apply to everyone. I am not a lawyer and this is not legal advise.
I dont think that after using H1 for 6 years, you can switch to H1 status from EAD status once 485 is rejected. Now, if you have used less than 6 years of H1, and then used AC21 portability, used EAD, abandoned H1 status and continued on EAD status and if the 485 gets rejected, there may be a way to reclaim the remaining unused portion of H1. It may involve going out of country and coming back in. Check with a lawyer, I dont know much and haven seen any case where someone who was on EAD status could go back to H1 status. Usually H1 to EAD is a one-way street, especially if you have already used up the 6 years of H1 stay in country.
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ravi98
11-04 01:52 PM
He's a full blown liberal both fiscally and socially.
I would think coming from MI, a state that has one of the highest unemployment, and the relief that the auto industry got - it continues to exist because of those liberal fiscal policies.
Besides, his being liberal fiscally/socially has nothing to do with our issues. He is probably the best ally for our issue in the democratic circle...
I would think coming from MI, a state that has one of the highest unemployment, and the relief that the auto industry got - it continues to exist because of those liberal fiscal policies.
Besides, his being liberal fiscally/socially has nothing to do with our issues. He is probably the best ally for our issue in the democratic circle...
more...
onemorecame
01-04 11:53 AM
In India religious minorities have the rights to their own personal laws. I believe the Muslim personal law allows Muslims in India to have more than 1 wife.
Yes you are right
Yes you are right
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mirage
08-10 07:26 AM
And I know people who came to US in 2006. Got 2001 EB2 Labor and are now worknig on EAD. Whenever I see this guy my heart screams to choke DOL.
FYI.
I used sub with later priority date and EB3 instead of EB2 after waiting for 6 and half years for my own LC. I still do not know what happened to the original LC.
Does this look like a fraud to you ?
FYI.
I used sub with later priority date and EB3 instead of EB2 after waiting for 6 and half years for my own LC. I still do not know what happened to the original LC.
Does this look like a fraud to you ?
more...
AUG2005GC
08-22 12:02 AM
I was able to successfully port my EB3 to EB2 and received my GC last month. I am working for a mid-size American consulting firm. My background is Bachelors in Computers from India and did Masters in Computers from US.
I filed my EB3 labor in AUG 2005 and got both labor and I140 approved in two months.
Filed 485 in July 2007 & got EAD/AP.
Went to my Employer and requested them to either refile my application for EB2 or I will have to resign. Since I was already working as PM, it was easy for my Employer to file for EB2 for PM position.
Filed EB2 labor in March 2009, Got approved in Jan 2010
Got EB2 I140 approved in March 2010
Late March Case transferred to Local Office.
Personal Interview in May 2010 - IO was not sure why i was called for interview. No Questions asked and told to wait till date gets current.
Date got current in July.
- Call multiple times 800 number only standard response
- Went to local office and request update. IO told to wait for a week. 2 days later on 14th July got my GC approved.
I believe even if you get your GC 6 months early by porting dates, its worth it. I hope my story helps you.
Best Luck!
I filed my EB3 labor in AUG 2005 and got both labor and I140 approved in two months.
Filed 485 in July 2007 & got EAD/AP.
Went to my Employer and requested them to either refile my application for EB2 or I will have to resign. Since I was already working as PM, it was easy for my Employer to file for EB2 for PM position.
Filed EB2 labor in March 2009, Got approved in Jan 2010
Got EB2 I140 approved in March 2010
Late March Case transferred to Local Office.
Personal Interview in May 2010 - IO was not sure why i was called for interview. No Questions asked and told to wait till date gets current.
Date got current in July.
- Call multiple times 800 number only standard response
- Went to local office and request update. IO told to wait for a week. 2 days later on 14th July got my GC approved.
I believe even if you get your GC 6 months early by porting dates, its worth it. I hope my story helps you.
Best Luck!
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cmathew
04-01 08:46 PM
send fax 10 , 11
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Sakthisagar
07-29 03:01 PM
Actually the Formula is like this.
search for More Legal Voters who is in favour= no one..
Is there any way? Yes We can
What?
Yes We can.
Give Amnesty= 12 Million voters.
so in America.
Immigration="ILLEGALS" only, they dont care for Legals
Legal=no votes, if at all only after 5 years from now.
Legal= no political voice, can be manipulated whichever way Politicians want.
to be Learned Story.
NEVER EVER BELIEVE POLITICIANs IN LIFE, You Can believe a Criminal he might be Truthful but these Poltricksians. nope nope nope.
search for More Legal Voters who is in favour= no one..
Is there any way? Yes We can
What?
Yes We can.
Give Amnesty= 12 Million voters.
so in America.
Immigration="ILLEGALS" only, they dont care for Legals
Legal=no votes, if at all only after 5 years from now.
Legal= no political voice, can be manipulated whichever way Politicians want.
to be Learned Story.
NEVER EVER BELIEVE POLITICIANs IN LIFE, You Can believe a Criminal he might be Truthful but these Poltricksians. nope nope nope.
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kumar1
07-19 10:12 AM
This is what you can do - Both in Mumbai and in Delhi, you have USCIS approved doctors who help people going through CP. In other words those who choose to go through emp based CP or family based Green Card which US embassy issues, go through Indian hospitals in Mumbai and Delhi. I think Gangaram in Mumbai has this facility. Ask your wife to get it done from there. Do not wait till the last moment, as someone pointed out, a slight delay in flight could............
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spindoctor
07-19 06:31 PM
I think remove "cruel" word from title.
That was an attempt at humor. Looks like it was misunderstood. :)
That was an attempt at humor. Looks like it was misunderstood. :)
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sparklinks
07-27 02:27 PM
From Murthy..
Got Receipt
Application Received on : 07/03/2007
Agency : Nebraska
Status : Delivered on 07/09/2007
Case: EB3-India Jan 2004
Returned/Rejected : Accepted, got Receipt # LIN xxx-xxx-xxxx.
Got Receipt
Application Received on : 07/03/2007
Agency : Nebraska
Status : Delivered on 07/09/2007
Case: EB3-India Jan 2004
Returned/Rejected : Accepted, got Receipt # LIN xxx-xxx-xxxx.
more...
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GC_Wait2002
07-31 09:58 PM
Hi Sanbaj,
You are very helpful and thanks once again for sharing your experiences and knowlege on interfiling.
Regards
GC_wait2002
You are very helpful and thanks once again for sharing your experiences and knowlege on interfiling.
Regards
GC_wait2002
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Sheila Danzig
08-18 03:50 PM
Two things
1. Responding to 8-month old post == free ad
2. Is your posting evaluation or legal advice?
Have a good day!
.
Sorry - for some reason the post showed up as new on my PC and I did not notice the date. This is evaluation advice and certainly not an ad. It is important that everyone understand what they need as many attorneys make mistakes. It was free advice. That is my only reason to be here. The vast majority of my business comes from attorneys and firms. If you can tell me how I can help and not have you think it is an ad each time, then I will do so. I see so many bad situations that could have been avoided if everyone were just a bit more informed. That is all I seek to do here.
1. Responding to 8-month old post == free ad
2. Is your posting evaluation or legal advice?
Have a good day!
.
Sorry - for some reason the post showed up as new on my PC and I did not notice the date. This is evaluation advice and certainly not an ad. It is important that everyone understand what they need as many attorneys make mistakes. It was free advice. That is my only reason to be here. The vast majority of my business comes from attorneys and firms. If you can tell me how I can help and not have you think it is an ad each time, then I will do so. I see so many bad situations that could have been avoided if everyone were just a bit more informed. That is all I seek to do here.
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rayoflight
05-31 10:27 PM
Voted Yes - Done...
aroranuj
04-21 02:29 PM
HI
The minimum educational requirement for the diploma was 10+2. However I did 1st year of BCom out of choice before enrolling in the 3 year diploma. The diploma was for hotel management from a Govt Funded/recognized institute with nationwide entrance tests. DOnt know their acceptance rates but it falls under the umbrella of the Ministry of Tourism.
I think in the denial letter the officer is accepting that I have an equivalent of a bachelors degree but is still denying it. My attorney thinks that he might be mistaken & might have processed the case as EB2 instead of EB3.
Sheila,
2+ 3 you are mentioning is where +3 = three year degree program like BSc / BCS/ BCom programs offered in India. Here I think we are discussing 3 year DIPLOMA program the eligiblity for which is 10th grade. After finishing this program in some universities you are waived 1st year coursework for the degree program in same field. So for regular people it is 10+2+4 to get a bachelors where as people taking the diploma route it is 10+3+3. So in this case of our friend his 10+3 is equivalent to completed only 1st year degree program. the +2 overlaps with what he has studied in +3 and the +1 in commerce will not be counted in coursework.
Anuj: What subject was your diploma was it a management diploma or engineering diploma? What was the eligiblity for the same? Was the institute reputed like does it have an entrance test? If yes do you know their acceptance rate? Might help in preparing a case
The minimum educational requirement for the diploma was 10+2. However I did 1st year of BCom out of choice before enrolling in the 3 year diploma. The diploma was for hotel management from a Govt Funded/recognized institute with nationwide entrance tests. DOnt know their acceptance rates but it falls under the umbrella of the Ministry of Tourism.
I think in the denial letter the officer is accepting that I have an equivalent of a bachelors degree but is still denying it. My attorney thinks that he might be mistaken & might have processed the case as EB2 instead of EB3.
Sheila,
2+ 3 you are mentioning is where +3 = three year degree program like BSc / BCS/ BCom programs offered in India. Here I think we are discussing 3 year DIPLOMA program the eligiblity for which is 10th grade. After finishing this program in some universities you are waived 1st year coursework for the degree program in same field. So for regular people it is 10+2+4 to get a bachelors where as people taking the diploma route it is 10+3+3. So in this case of our friend his 10+3 is equivalent to completed only 1st year degree program. the +2 overlaps with what he has studied in +3 and the +1 in commerce will not be counted in coursework.
Anuj: What subject was your diploma was it a management diploma or engineering diploma? What was the eligiblity for the same? Was the institute reputed like does it have an entrance test? If yes do you know their acceptance rate? Might help in preparing a case
niidawg3
01-26 09:32 AM
1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
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