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  • eb2dec2005
    10-24 03:08 PM
    RFE and NOID come with a color sheet of paper with your details and some USCIS internal codes for your case. You can respond by yourself and put the sheet on top - this is for the mailroom to handle your case

    hi Chandu,

    I have used my EAD to join a perm position. I did not inform my employer about it, since he neither paid me while i was out of project,nor retained my health insurance.Although , iam not sure if he has cancelled by I140 or not.

    Please let me know what documents are needed to invoke AC21.
    I just know the job title on which my PERM was applied .
    It was Software Engineer (Systems Software) with MS + 1 Year
    And also i do have a copy of the approved I140.

    Appreciate your help.

    Thanks,




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  • Rav!
    10-02 02:25 PM
    Hello all,

    I am in a similar situation. H1 expiring soon and still don't have an approved LCA (LCA got rejected due to FEIN error and it has been re-applied again but the attorney did not send in any additional documentation to DOL to prove that FEIN is in fact genuine).

    LC and I140 have been approved...so wanted to apply for a 3 yr extension.

    My Attorney is now suggesting 2 options in case we do not receive the LCA approval before the expiration of the my current H1

    Option 1: To go ahead and apply for H1 extension and submit all the documentation regarding the LCA application, the reason for denial and sending in evidence for the FEIN.

    As per him, USCIS should accept and approve the H1 extension. Personally I have my doubts that this will work. Attorney says that this what other attorney's are all doing. Are they really? Does any body know if the H1 was approved??

    Option 2: Use a previously used LCA (one that has been used earlier this year to obtain a H1 B for Employee XYZ who holds the same position as I do AND is valid until June 2011) and apply for my H1 extension.

    Can a LCA be reused? Is it a valid/legal thing to do?

    Any and all help in obtaining an answer for the above questions is really appreciated.

    Thanks.




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  • dhirajs98
    02-29 01:48 PM
    Thanks guys for your replies. My employer has more than 100 consultants and I think it is a stable financially. I never had any problems in my salary. I was paid on time always.

    So you mean after appeal they can approve my I140?

    I do not know my PD. But my labor was filed sometime in Dec 2006.

    Chantu,


    I had this issue with my labor not with I140. My employer provided all the required documents and then it was approved. As long as your company is financialy sound . you should get approved.

    BTW, when did you file your I-140?

    EB2 or EB3?




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  • surabhi
    05-28 10:23 AM
    It should be from the date of approval, but USCIS seem to optimizing the process to make it valid from previous EAD expiry date

    see page 2 in the following link

    http://www.dhs.gov/xlibrary/assets/CISOmbudsman_RR_25_EAD_USCIS_Response-06-20-06.pdf

    relevant text is reproduced here

    Second, the Ombudsman recommended that USCIS issue Employment Authorization
    Documents valid as of the date any previoua EAD expires.


    USCIS processes a large number of applications for EAbs through a highly productive automated batch processing system, which has significantly decreased EAD processing times and allowed for resources to be devoted to other adjudication tasks, thereby resulting in improved customer service. At present, the validity period on these batch processed EADs begins on the date that the application is approved, not the date that a previous EAD expired.

    Abandoning automated batch processing would require USCIS to divert immense resources fromm adjustment applications to the adjudication of interim benefits (i.e., EAD applicati~ns). Although some customers would benefit fiom receiving an EAD that is valid fiom the date their current EAD expires rather than the date their EAD applications are approved, the overall result would be quite negative since it would divert adjudicative resources to interim benefit processing.

    Not only would USCIS and its customers be iil-served by such a change in the process, but such a change would run contrary to the Ombudsman's recommendation that USCIS davate more resources to upiiont processing of adjustment applications and less to the processing of interim benefits. USCIS does agree with the Ombudsman that when a customer files a timely renewal application for an EAD, it would be preferable to synchronize the validity dates of new and expiring EADs. USCIS believes that improved productivity through technology and automation is the future of immigration benefit adjudication, and that the batch process is an important step in that direction.

    Accordingly, USCIS is assessing the possibilities of integrating synchronization of EAD validity dates into the present batch system. USCIS will keep the Ombudsman apprised of any significant
    progress on this front.



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  • cchaitu
    11-06 04:19 PM
    The question is: is a copy of I140 is that important to use AC21 . From the posts on IV forums I got the impression is you dont even need a copy of I140. The important thing is to apply for change of attorneys immediately after changing the job. If you get any RFE - you will get on the employment verification - then you need to show you have a job that is same/similar as the one in labor certification. If you know the job description (generally most employers attorneys share this info to make sure that you have relevant experience) then make sure your new job is same or atleast mostly similar.

    In your two options you mentioned using EAD for one job and H1b for another. I read somewhere that this cannot be done (I dont have the link but I think this is from Murthy chat). Once you use EAD your satus will change to 485 waiter with EAD - seems like you can change back to H1b - but having two statuses at the same time is not possible. This is my understanding based on forum reading (not a lawyer).

    Thanks Kishdam for your quick reply




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  • Humhongekamyab
    07-22 10:19 AM
    I agree with Pappu. I am with you.



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  • chanduv23
    09-04 06:50 AM
    Hello,
    Last November I quit my job in the US and left the country as well. Two days ago, I received an email saying my 485 is approved, and card production was ordered. The card will go to an address in the US where someone can forward me the mail.
    What should I do? Try to enter the U.S. with the card? What to say to POE officials? WIll I be questioned?
    Thanks.

    Once you get your green card, you are supposed to go work for the company who applied for your green card or work in a same or similar job. So it is good to have a job offer in hand. Talk to an Attorney on what are the potential questions at POE as you have been out of the country for a long time.




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  • logiclife
    01-02 11:34 AM
    All set

    IInd Question:

    For Filing AC21 , do I need letter from the my future employer that job profile matches. My Job Title Matches my Labor Certification Title It was Software Enggineer Now it is Senior Software Engineering, But As I am in IT my old labor certification says about some old Oracle Technology but new job is J2EE and Also my Labor Certification talks about Financial Business Area but New Job is HealthCare Sector.Common thing are Both Says Design and Development of Software application.. Is it OK ?


    Regarding having a match, take a lawyer's help to find out what occupation code (based on DOT - dictionary of occupationsl titles) or ONET code your previous job (in labor cert) was.

    Try to take up a new job whose description would land you in the same or similar DOT code or ONET code and ask your lawyer to translate descriptions into ONET and DOT codes.

    AC21 portability has never been used in such a widespread manner for such a prolonged period so a lot of new changes are likely to happen thru new interpretations done by USCIS. This time, AC21 will be used by folks for atleast 2-3 years before they get GC, just due to retrogression.



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  • ibbu_arif
    11-16 10:33 AM
    Adurthy,

    I am in the same boat.. I am also waiting for my AP approval. (applied Oct 10th)

    Just wanted to know at which Service Center you filed? Did you get the reciept notices.

    My attorney says he will tell my reciept number as soon as he has it.
    I am thinking he is lazy to sort his mail :). It has been 5 weeks now.




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  • chumki
    12-18 02:21 PM
    gcwait2007 ,

    I was told that filing AC-21 memo to CIS is NOT mandatory under law.

    why do I "have to " to file it?

    one concern i have is that I joined the current company BEFORE 180 days (just 14 days before) as I got laid off from my pevious employer and the previous employer will NOT revoke the I-140

    If I file AC-21 now, Will not USCIS find out that I joined before 180 days and find out I was laid off and cause unnecessary complications with RFE etc?

    Please advise your thoughts



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  • Reddy1576
    07-27 10:17 PM
    I have another question if my I-140 is in appealed stage will my H1 b would be approved? If approved what are the chances of getting approval if i tranfer my H1b with the different company while I-140 is appealed with the existing company?

    can i apply one more I-140 , and what will be my case in this situation?


    Thanks
    Reddy




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  • uslegals
    11-11 09:14 AM
    Hello Friends,
    My current AP expires on 2/18/11. My PD (EB-2) has been current since Sept 2010 but no sign of GC yet. I would like to renew my AP and have decided to file myself Vs using the attorney. Has anybody used the e-filing option OR is it better to send in a hard copy of the application.?

    If somebody can kindly direct me to the appropriate links on IV for folks who have filed themselves - i would greatly appreciate that. Any advice on supporting documents, etc. would be really helpful.

    Thanks!



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  • lj_rr
    11-11 03:47 PM
    Need advise from someone who renewed Indian passport by mail at the San Francisco Indian Consulate.


    My wife filled the application online and is ready to mail it, but there are questions regarding the supporting docs.
    1)Proof of Residence:CGISF website shows applicable docs as Driving license or PG&E, Water or landline telephone bill displaying applicant�s address or
    House Lease Agreement.
    However in my wife's case, her name is not on any of the utility bills mentioned above and her Driving license has the old address.
    Can we use the HUD-1 closing statement or home title as proof. Or can we use a insurance bill for this purpose? If not, please advise on other options.

    2)Notarizing:I understand photo copies of any docs that I sent needs to be notarized.
    Is there anything else that needs to be notarized?Your website says that "If applying by mail, Photocopy of all supporting documents including Photo should be notarized and attached to the application".
    Do I need to notarize both the photos from page 1 and page 4? Please clarify.




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  • rajnag21
    07-22 09:09 PM
    Hi,
    Quick question here. Suppose the h1 receipt was not attached and the application was already sent by july2. Can we send in a copy of H1 extension receipt now ?
    My h1b visa expired in april 2007 and extension was filed in feb 2007. I94 also expired in april 2007. I am thinking as long as u apply aos application within 180 days of being out of status for any reason we are in status.
    Correct me if im wrong and add any info that you may feel is relevant..

    Anxiously waiting for reply



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  • apb
    08-07 04:55 PM
    --
    Yes, I just spoke with another IV member who is in your situation and he is visiting Canada later this month to take care of this issue

    Yes that is ME..:-) I am still contemplating risking my FP (anytime soon) against my H1B stamping name check that could come up or use AVR and go back for H1B stamping later.
    The same appointment could be used by my wife to stamp her H4.
    testtesttest has gone to Canada today for PR stamping and he is going to use AVR to reenter US. I might do the same right now.

    For me I have a arrest record for driving with suspended license (non payment of ticket) for which I was fingerprinted and photographed though I have police clearance letter from SJPD.

    If you are sure that you do not have any records like this then go for stamping of H1 also. It is perfectly OK to get both PR landing and H1B stamping done.




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  • sbabunle
    05-06 01:03 PM
    No one can predict at this point of time. The optimism
    is thinning every day. So far nobody could come up
    with anything that is agreeable.

    Our best friend Sen. Sessions is trying his best
    to distroy any bill. Now he is trying to propose and
    implement a point based system. Who know when
    the point base system is ready for discussion he
    will propose a DNA based system....

    So my friend I'm scared to hope on immi
    sector. Good luck to you

    -babu



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  • fullerene
    12-14 09:29 PM
    I received an invitation letter from Congressman Marty Meehan to attend the town meeting at 10am 12/16 at UMass Lowell.

    http://www.house.gov/meehan/

    Although the topic of the meeting is "Climate Change: Local Solutions to a Global Crisis". But it will be a good chance for us to meet congressman.

    Congressman Marty Meehan is Fifth Congressional District of Massachusetts He does not support the CIR but he do support the elimination of backlog of GC. He is a member of both the House Armed Services and Judiciary Committees.




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  • theoyilma
    09-10 03:03 PM
    Thanks dummgelauft

    My priority date is not current yet. There is a chance that my priority date will not be current even by the time my TN visa expires. So, that was the main problem I had. I know there is no way I can renew my TN visa ( since I-140 shows intent to immigrate). But, a HUGE misunderstanding I had, which you clarified for me, is that the 6 years
    H1B restriction will not apply on me once I have approved I-140. So, if my priority date is current before my TN expires, I will get my EAD. If my priority date is not current by the time my TN expires, I will have the option of getting H1B and continue to work until I adjust my status.

    What a relief !!!

    Thank you so much again !!!!

    Theo




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  • arnet
    08-01 07:55 PM
    DISCLAIMER:

    I'm not a lawyer. Disclaimer mentioned by IV and its members holds good for me too. The information provided below is of a general nature and may not apply to any particular set of facts or to all circumstances and not be construed as legal advice. You should not rely solely upon information here and You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing.

    Please read and discuss this issue and see whether we can include as our goals:

    I know the existing IV goals should be our top priority and we shouldnt lose our focus but we should work simultaneously to get other reliefs to make our life better. Eventhough retrogression is main issue as of now, people are affected by visa revalidation issues (visa stamping), name check issues, etc. So I collected all the major issues I read and mentioned below to discuss with you all.

    These broader goals will save us lot of time/money that we spent on renewals of visa/postage etc. and inturn attracts more membership registration/contribution/publicity/broader support from all groups/nationals/associations/attroneys etc to IV group. So please read this and see whether how much feasible it is (or) suggest some possible solutions to IV who can request our lawmakers to solve or ease our problems.

    Goals to request USCIS/Lawmakers to get relief for the following problems:

    1. Can we request to allow filing of our I-485 even if the priority dates are nt current and can avail EAD/AP benefits? Can we request to give us 3 years EAD/AP if I-485 is pending or filed recently (average renewal cost is 350$ PER PERSON FOR A YEAR for EAD+AP, so add for each dependent-that too now people are doing 4th time extension because of retrogression even if they didnt use EAD/AP or not)? Also can we request them to implement immediate relief package to ease retrogression problems and then to solve this issue permanently? (Note: I know IV working on this one issue)

    2. Can we request, for EAD/AP/H1, dependents applications should be approved simultaneously along with principal applicants even though they are filed separately? (May be they can bring one application form for principal+dependents).

    3. Can we request them to bring e-filing for all forms before Oct 2007 (including visa, gc forms) and we can submit scanned supporting documents using attachments to reduce paperwork and to avoid postage problems (lost/delay)? (But e-filing should automatically generate immediate Notice Numbers/Notice Date/Received Date once we submit--this is to avoid waiting for receipt numbers).

    4. Can we request them to fix the maximum approval times for visas and for EAD/AP/Labor/I-140, say 3 mths maximum for first time applicants, a month for renewals or extensions, and (within) 15 days for premium processing?

    5. Can we request them to implement revalidation again in US, may be to do fingerprint for revalidation, may be we can goto nearest USCIS local office in our city/state with reqd documents/Passport (same as for GC process) and they can take fingerprint and after verification they can send passport with visa stamping?

    6. Can we request them that emergency appointment dates should be immediate not 6 months later and should be applicable for any major life event including marriage too (not only for death or medical reasons, this might help people nt to postpone their marriage based on visa availability dates)?

    7. Can we request them to bring dropbox again (if revalidation done outside US) for visa extensions in same category or for dependents or for parents (older than 60yrs) (also fingerprinting can be done while dropping the documents)? (for newer case like H1/F1 they can have interview)

    8. Can we request them for a new premium revalidation processing option at extra charge (because emergency appointment is not available for work related emergencies even though it is mentioned)?

    9. Can we request them that Name check/Finger Printing Check should be verified and cleared within 90 days (maximum) for GC? for visa revalidation (not for new): we can request them to be verified and cleared within 1-3 days maximum because they can do the actual check during visa processing itself i.e. while approving I-797 or whatever?

    10. Can we request them to bring a new premium processing for name/fingerprinting check up for extra fee? Also request to view fingerprinting status and history online? Can we request them to consider whether people can get security clearance certificate in advance for Visa/GC (to reduce processing time)?

    11. Can we request them to allow dependents (spouse, children) of principal applicants to get SSN/driving license, also request to allow dependents to work except restricted areas (for job in some areas requires citizenship or GC) and also request to allow dependents to get financial aid/assistance too while studying?

    12. can we request them to improve USCIS customer support (including FBI for fingerprinting) OR to provide 24x7 Customer support (to avoid waiting on hold for 1hr during peak hrs).

    13. not sure, how it is now, can we request that H4 visa period shouldnt be counted against H1 visa period?

    14. can we request them to allow our parents (who wants to visit in tourist visa) shouldnt be rejected if all documents provided? also request them to give mandatory 10yrs multiple entry visas should be given to both, if atleast one of the parents is older than 60yrs?

    15. can we request premium processing should be less than 1000$ either it should be double or triple times the regular fee (for e.g. it shouldnt be 1000$ if regular application fee is 175$, can be 350$ or 500$ which is reasonable)

    17. Can we request them to allow anyone to transfer from one visa to another visa category within US?

    18. Backlog Elimination Funding: Can we request lawmakers to increase atleast 2-5% funding of previous budget of USCIS to upgrade technology, hire more manpower, customer service, training employees, userfriendly website inorder to eliminate backlog and to expeditate processing time for existing applications?

    Please discuss these things and make reasonable things as our future goals even if nt top priority. Thanks!!!!




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    02-19 06:40 AM
    No insurance here covers pre-existing conditions. sorry... Others can correct me, but only india network plan covers emergency conditions that arise from pre-existing conditions.. at least better than nothing. Hence, plan accordingly. You can still get expensive plans with a better coverage but still they don't cover any pre-existing conditions. Regarding normal situations, one of my friends had good experience with them for one of the claims.. pls note, i have nothing to do with them and not a PR for them.

    if you shop more, you should get a comprehensive plan that covers everything but will be interesting to see how affordable it will be..

    hope this helps, good luck.




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