wandmaker
12-18 11:41 PM
L1A visa, validity May 2008
EB 1 category
I-140 receipt date July 27, 2007 & I-485 receipt date July 27, 2007.
When and how can I excercise AC 21 portability
Do I need an EAD for this
when: after your 140 is approved and 180 days has passed since you filed AOS.
how: by notifying USCIS that you are availing AC21, use EAD to work for new employer.
EB 1 category
I-140 receipt date July 27, 2007 & I-485 receipt date July 27, 2007.
When and how can I excercise AC 21 portability
Do I need an EAD for this
when: after your 140 is approved and 180 days has passed since you filed AOS.
how: by notifying USCIS that you are availing AC21, use EAD to work for new employer.
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h12gc
04-28 06:18 PM
Hi guys,
My details: EB2 NSC,Aug 2005 PD,1485 notice date: august 2nd 2007,140 approved,EAD valid till 2010 september.
I got an RFE on my I 485 on April 15th asking for employment letter from intended permanent employer.Last month my employer cancelled my H-1 Visa, I think that trigerred this RFE.Currently I'm on EAD.So I don't think It will hurt my status.
My Employer gave me the employment letter with same job title and duties as Labor certification.My Employer is an IT consulting firm.Currently I'm not on project with him.I'm benched for last few months.Since GC is future process he had issued employment letter.But Technically I'm with out pay stubs for few months.Does it hurt my GC process?
Also I spoke to my employer and he said given current market situation I can find a similar job with any employer and use my EAD he has no problems in supporting my GC process since it is future employment.My question is Can I work on contract to w-2 positions with any recruiting firms and not to file AC 21 with them since I have already have an offer from my own GC sponsered employer?
Can I take full time position with end client and not file AC 21 since I already have an offer letter from my current employer intending to hire me permanently once GC is approved.
In present market situation I'm finding positions which are asking for con_w2 or fulltime positions with the end clients.No corp to corp positions in IT industry.
Please any one advice me on this.
Thanks
h12gc
My details: EB2 NSC,Aug 2005 PD,1485 notice date: august 2nd 2007,140 approved,EAD valid till 2010 september.
I got an RFE on my I 485 on April 15th asking for employment letter from intended permanent employer.Last month my employer cancelled my H-1 Visa, I think that trigerred this RFE.Currently I'm on EAD.So I don't think It will hurt my status.
My Employer gave me the employment letter with same job title and duties as Labor certification.My Employer is an IT consulting firm.Currently I'm not on project with him.I'm benched for last few months.Since GC is future process he had issued employment letter.But Technically I'm with out pay stubs for few months.Does it hurt my GC process?
Also I spoke to my employer and he said given current market situation I can find a similar job with any employer and use my EAD he has no problems in supporting my GC process since it is future employment.My question is Can I work on contract to w-2 positions with any recruiting firms and not to file AC 21 with them since I have already have an offer from my own GC sponsered employer?
Can I take full time position with end client and not file AC 21 since I already have an offer letter from my current employer intending to hire me permanently once GC is approved.
In present market situation I'm finding positions which are asking for con_w2 or fulltime positions with the end clients.No corp to corp positions in IT industry.
Please any one advice me on this.
Thanks
h12gc
rc0878
10-25 08:40 AM
Quizzer,
This is a great idea. My EB3 pending for almost a year now at NSC and cases at TSC are being cleared well with in the 6 month timeframe.
I really wish IV could take this as a top priority issue.
Lets have other members support us in this.
RC
This is a great idea. My EB3 pending for almost a year now at NSC and cases at TSC are being cleared well with in the 6 month timeframe.
I really wish IV could take this as a top priority issue.
Lets have other members support us in this.
RC
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07-17 08:31 PM
I think if there is one bouquet from iv core sent to her that should be good enough. We are not trying to draw undue attention to her office by filling it with flowers:)
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venkatosizolon
04-25 09:45 PM
I am working in company Vision System Group Inc (VSG INC). They are under USCIS investigation and involved in illegal activities. (Vision Systems Group Inc., was indicted in a 10-count federal indictment that included one count of conspiracy, eight counts of mail fraud, and one count of 'Notice of Forfeiture' in the amount of $7.4 million.) .
For more detail please read here 11 arrested, indicted in multi-state visa fraud operation (http://www.ice.gov/pi/nr/0902/090212desmoines.htm).
Many more similar link by searching Vision Systems Inc Group on Google.
They have sister concern companies:
Axiom
Orion
Venturi
Orionsoft
Cornerstone Information Systems
They all managed by same owner and management.
Company first delayed the payment by 6 weeks. They pay salary more then one month late (example on March 7, I get salary on period Jan 16- Jan 31). This (late payment) they are doing since last more then one year. On March 12th, 2010 they send email saying VSG and its entire sister concern companies are acquired by Zolon (Zolon Corporation) and send there HR manager's email addresses for communication with company. In other email they attached memo from zolon company's CEO that describes that they will pay March(1-15) salary on April 10 and March(16-31) on April 26 and so on. They also told that they will pay Feb(whole months) salary when ever they can. I sent many emails for Feb Salary, VSG HR ppl are saying you should ask new management for salary I (VSG HR ppl) am also now employee for Zolon. I talk to Zolon HR ppl and I told if I dont get Feb salary then I will complain DOL and file a case throgh attorney. Zolon HR ppl are saying Zolon' responsibility of paying salary is from March only.In reality VSG should have paid this salary already, we (might) pay but dont know when. You can file case and lets attorney decide. I dont care.
How should complain about salary to DOL should I complain against Zolon or VSG or both? Now there is no VSG. will I get success? Zolon might slip away by saying I acquired from March.
It is also possible Zolon and VSG owner might be relatives. and want to make money by not paying Feb salary.
Please advice.
For more detail please read here 11 arrested, indicted in multi-state visa fraud operation (http://www.ice.gov/pi/nr/0902/090212desmoines.htm).
Many more similar link by searching Vision Systems Inc Group on Google.
They have sister concern companies:
Axiom
Orion
Venturi
Orionsoft
Cornerstone Information Systems
They all managed by same owner and management.
Company first delayed the payment by 6 weeks. They pay salary more then one month late (example on March 7, I get salary on period Jan 16- Jan 31). This (late payment) they are doing since last more then one year. On March 12th, 2010 they send email saying VSG and its entire sister concern companies are acquired by Zolon (Zolon Corporation) and send there HR manager's email addresses for communication with company. In other email they attached memo from zolon company's CEO that describes that they will pay March(1-15) salary on April 10 and March(16-31) on April 26 and so on. They also told that they will pay Feb(whole months) salary when ever they can. I sent many emails for Feb Salary, VSG HR ppl are saying you should ask new management for salary I (VSG HR ppl) am also now employee for Zolon. I talk to Zolon HR ppl and I told if I dont get Feb salary then I will complain DOL and file a case throgh attorney. Zolon HR ppl are saying Zolon' responsibility of paying salary is from March only.In reality VSG should have paid this salary already, we (might) pay but dont know when. You can file case and lets attorney decide. I dont care.
How should complain about salary to DOL should I complain against Zolon or VSG or both? Now there is no VSG. will I get success? Zolon might slip away by saying I acquired from March.
It is also possible Zolon and VSG owner might be relatives. and want to make money by not paying Feb salary.
Please advice.
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08-31 10:00 AM
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Thanks
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i will be CPA very soon, i will really appreciate your help in thi sreagrd.
Thanks
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avi_ny
08-12 09:33 PM
My case EB3 PD Jan 2004
I40 approved TSC July 2007
485 filed at NSC July 2nd
LUD is 8/12/2007
Does this mean anything ?
On 2nd July, what time was your i-485 application received at NSC?
I40 approved TSC July 2007
485 filed at NSC July 2nd
LUD is 8/12/2007
Does this mean anything ?
On 2nd July, what time was your i-485 application received at NSC?
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chehuan
01-18 02:50 PM
Thanks for the reply
I agree that your suggestion is really smart, I am a QA engineer and I dont know why exactly i wouldnt qualify as EB2....ignore that for now
if i get an I40 with EB3 and move to another EB2 employer
It will result in me losing everything except my priority date
but my employer might not give me any paperwork which is required to retain my priority date which is the case for many employers
in that case I lose everything and need to start from scratch
Am I right?..please correct if not.....What is the nature of paperwork required to retain the priority date?
-chehuan
I agree that your suggestion is really smart, I am a QA engineer and I dont know why exactly i wouldnt qualify as EB2....ignore that for now
if i get an I40 with EB3 and move to another EB2 employer
It will result in me losing everything except my priority date
but my employer might not give me any paperwork which is required to retain my priority date which is the case for many employers
in that case I lose everything and need to start from scratch
Am I right?..please correct if not.....What is the nature of paperwork required to retain the priority date?
-chehuan
more...
paritp
03-03 07:51 PM
hi all,
my sister has a priority date of feb 2005 and she got the following update today for herself, husband and son. What does it mean ?
*** DO NOT RESPOND TO THIS E-MAIL ***
The last processing action taken on your case
Receipt Number:
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: This case is now pending at the office to which it was transferred.
The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.
Sincerely,
The U.S. Citizenship and Immigration Services (USCIS)
my sister has a priority date of feb 2005 and she got the following update today for herself, husband and son. What does it mean ?
*** DO NOT RESPOND TO THIS E-MAIL ***
The last processing action taken on your case
Receipt Number:
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: This case is now pending at the office to which it was transferred.
The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.
Sincerely,
The U.S. Citizenship and Immigration Services (USCIS)
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maddipati1
07-30 08:02 PM
EAD is based on pending I-485 and for filing 485, you just need 140 received. So you are OK. My uunderstanding is you can also use AC21 portability after 180 days to change employers as long as your employer doesn't revoke your I-140. So there is that risk with I-140 not approved.
P.S my I-140 app is pending with TSC from May 2006. Almost 425 days plus and still no update/no RFE. Even upgraded it to PP on Jun 18th 2007 but still nothing.
sush, my 140 was filed in 04/2007, i upgraded it PP on exact date 18thJun'07 and my 140 was approved on 26thJun'07. They have to approve 140 PP in 15 calendar ( not business ) days.
but, the PP approval status won't be updated in their website ( case status online ). It still shows mine as 'PP requested'. But my employer got courtesy copy of 140 approval notice in just a few days and a week later my attorney got the original 140 approval.
so talk to your employer and attorney. im sure they must have received it.
good luck
S
P.S my I-140 app is pending with TSC from May 2006. Almost 425 days plus and still no update/no RFE. Even upgraded it to PP on Jun 18th 2007 but still nothing.
sush, my 140 was filed in 04/2007, i upgraded it PP on exact date 18thJun'07 and my 140 was approved on 26thJun'07. They have to approve 140 PP in 15 calendar ( not business ) days.
but, the PP approval status won't be updated in their website ( case status online ). It still shows mine as 'PP requested'. But my employer got courtesy copy of 140 approval notice in just a few days and a week later my attorney got the original 140 approval.
so talk to your employer and attorney. im sure they must have received it.
good luck
S
more...
supu
12-05 08:14 AM
Vishwak,
Thanks for the quick reply. For your answer to Question2.. my employer and some suggests not to file Ac21. just for the record sake i would send them a note that i would come back to the sponsoring company.
Do you think it is an option not to file Ac21 and still manage ? or will there be any issues for not filing ? any way i have to go back to the sponsor when its time...
If u dont file CA21 , just make sure , u dont leave and re-enter usa.
U may expect trouble at the airport.
Thanks for the quick reply. For your answer to Question2.. my employer and some suggests not to file Ac21. just for the record sake i would send them a note that i would come back to the sponsoring company.
Do you think it is an option not to file Ac21 and still manage ? or will there be any issues for not filing ? any way i have to go back to the sponsor when its time...
If u dont file CA21 , just make sure , u dont leave and re-enter usa.
U may expect trouble at the airport.
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bhagat69
04-23 10:54 PM
Only PD 2003 2004 for EB2's are getting approvals, what about EB3's ??
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redcard
11-28 09:39 AM
Now this is just to get an idea on what to expect if one of the Immigration bills passes and signed in to law say by mid 2007.
What can we expect next?
What will happen to highly retrogressed countries like Indian, China? When can they expect any tangible results?
What will happen to the �Rest of the World� category? When do you think they can expect results?
What will happen if ALL or Most of the catagories become current. Are we going to get stuck with processing delays for months or years to come ?
What Next ?? Simple...
Finger Printing, EAD, AP, NAME CHECK, GREEN CARD and CITIZENSHIP :)
What can we expect next?
What will happen to highly retrogressed countries like Indian, China? When can they expect any tangible results?
What will happen to the �Rest of the World� category? When do you think they can expect results?
What will happen if ALL or Most of the catagories become current. Are we going to get stuck with processing delays for months or years to come ?
What Next ?? Simple...
Finger Printing, EAD, AP, NAME CHECK, GREEN CARD and CITIZENSHIP :)
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12-18 09:03 PM
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Mount Soche
10-23 06:12 PM
I applied on July 16th & got EAD on Sept 24th.
No news on AP & biometrics.
Other coworkers who applied at same time have mixed results - 2 got only fingerprints, 4 got EADs, 1 got EAD & AP. I think it is all random
No news on AP & biometrics.
Other coworkers who applied at same time have mixed results - 2 got only fingerprints, 4 got EADs, 1 got EAD & AP. I think it is all random
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snathan
09-30 09:35 AM
Yes, I am a USC, but the Fiance Visa would mean she has to go back to China and wait.
Its possible the IO at POE can deny the entry. So its advisable to get married and follow your attorney's guide.
Its possible the IO at POE can deny the entry. So its advisable to get married and follow your attorney's guide.
more...
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swamy
12-18 10:47 PM
Hi All,
Me and my wife are traveling to India. We are going for visa re-stamping (consular processing).
Based on the information provided below, can you provide lists of forms/docs that we're supposed to carry with us when we visit the consulate for stamping?
THANKS IN ADVANCE!
- Amit
My visa:
- I entered on H1B. Then I had to change employer so visa was transfered (And they extended it for another 2.5years). So now I have a H1B visa which is valid till June 2009, and passport with expired H1B stamp.
- With the new employer - I've an approved PERM. I140 is pending. I485 is filed. EAD received. Do I need to take approval notices and/or receipt notices of any/all of these stages?
My Wife's visa:
- she entered on H4. Now she has a H1B visa which is valid up 2010, and passport with expired H4 stamp.
Is she required to take approval notices and/or receipt notices of i485.. or my PERM or i140?
I would say just have all the receipt notices handy. They are not required and they didn't ask me for it when I got my visa restamped but you could carry a copy on the day of interview just to play it safe.
Me and my wife are traveling to India. We are going for visa re-stamping (consular processing).
Based on the information provided below, can you provide lists of forms/docs that we're supposed to carry with us when we visit the consulate for stamping?
THANKS IN ADVANCE!
- Amit
My visa:
- I entered on H1B. Then I had to change employer so visa was transfered (And they extended it for another 2.5years). So now I have a H1B visa which is valid till June 2009, and passport with expired H1B stamp.
- With the new employer - I've an approved PERM. I140 is pending. I485 is filed. EAD received. Do I need to take approval notices and/or receipt notices of any/all of these stages?
My Wife's visa:
- she entered on H4. Now she has a H1B visa which is valid up 2010, and passport with expired H4 stamp.
Is she required to take approval notices and/or receipt notices of i485.. or my PERM or i140?
I would say just have all the receipt notices handy. They are not required and they didn't ask me for it when I got my visa restamped but you could carry a copy on the day of interview just to play it safe.
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trump_gc
07-13 10:57 AM
If she has an EAD she should be fine with the status, if she does not have one, may be u could apply one for her
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txh1b
08-17 06:19 PM
Job title is secondary when it comes to AC21. The descriptions is what should match for the same/similar category. However, what a PM does in terms of planning and directing a team is not same/similar as what a Technical lead or Architect does, at least in the company that I work for.
Maqrkk
01-26 05:33 AM
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a_to_z_gc
02-19 12:15 PM
One question for I-140 for EB-2 versus EB-3.
If one applies for EB-2 at I-140 stage under premium processing and they turn it down. Does the application automatically go into EB-3, or do they ask you to re-apply for EB-3 at I-140? In that case, I am guessing that the premium processing fees that one has paid for EB-2 goes down the drian, right?
Please confirm your views, as I have heard different versions.
Thanks!
Yes it really IS impossible to determine which will move quicker.
and Also true that EB2 is NOT DETERMINED by EMPLOYEE's skill set.
EB2 is Determined by the nature of the job and if a master's IS TRULY required. If not your application will face an audit and you will have to re-apply under Eb3 all over again (meaning re-run the ads etc and wait for that extra month). Also Eb2 PERM Approvals on average take MUCH longer than eb3 even without any audit.
If one applies for EB-2 at I-140 stage under premium processing and they turn it down. Does the application automatically go into EB-3, or do they ask you to re-apply for EB-3 at I-140? In that case, I am guessing that the premium processing fees that one has paid for EB-2 goes down the drian, right?
Please confirm your views, as I have heard different versions.
Thanks!
Yes it really IS impossible to determine which will move quicker.
and Also true that EB2 is NOT DETERMINED by EMPLOYEE's skill set.
EB2 is Determined by the nature of the job and if a master's IS TRULY required. If not your application will face an audit and you will have to re-apply under Eb3 all over again (meaning re-run the ads etc and wait for that extra month). Also Eb2 PERM Approvals on average take MUCH longer than eb3 even without any audit.
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