chapper
07-23 06:59 PM
Others can correct me, if I'm interpreting it wrong. A try...
An individual is eligible for AC21 only if he/she has approved I-140 but is not granted GC because of per country cap.
It means that when a petitioner applies for H1B extension - they (beneficiary and petitioner) must at the time of filing H1B establish/prove that the alien is not eligible for GC at the time of filing of H1B due to per country visa cap (not many visas available for the country the individual belongs or is claiming GC under).
Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?
A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations
An individual is eligible for AC21 only if he/she has approved I-140 but is not granted GC because of per country cap.
It means that when a petitioner applies for H1B extension - they (beneficiary and petitioner) must at the time of filing H1B establish/prove that the alien is not eligible for GC at the time of filing of H1B due to per country visa cap (not many visas available for the country the individual belongs or is claiming GC under).
Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?
A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations
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eb3_nepa
07-28 01:37 PM
Let us see next month when EB2I will start getting lot of approvals. How many IV members contribute once they get GCs.
The problem here is, that once people get their GC, most cannot wait to get away from this site. I mean forget the actual Green Cards, even once the July 2nd filers got their EADs/APs etc, the activity on this forum has DRASTICALLY reduced.
Is it just me, or post the July 02 2007 filings, IV has been reduced to an "information only" kinda website BY ITS OWN MEMBERS? These days we simply post questions and expect answers, almost nothing seems to be happening. Everyone is content to enjoy the benefits of the I-485 filing and a lot of members have simply stopped visiting the site altogether.
So we can float this idea again, but the point is how many people will actually DO IT? I have started the "Give me a HIGH FIVE" campaign, where all the member has to do is contribute JUST $5.00. Yes JUST $5.00, nothing more. So far we have barely made $3,000. There are atleast 20,000 members who have no problems posting questions and "demanding" responses, but they cannot open their wallets even to the tune of $5.00. Do you really think, such members will contribute $100 AFTER they have already received their Green cards??
The problem here is, that once people get their GC, most cannot wait to get away from this site. I mean forget the actual Green Cards, even once the July 2nd filers got their EADs/APs etc, the activity on this forum has DRASTICALLY reduced.
Is it just me, or post the July 02 2007 filings, IV has been reduced to an "information only" kinda website BY ITS OWN MEMBERS? These days we simply post questions and expect answers, almost nothing seems to be happening. Everyone is content to enjoy the benefits of the I-485 filing and a lot of members have simply stopped visiting the site altogether.
So we can float this idea again, but the point is how many people will actually DO IT? I have started the "Give me a HIGH FIVE" campaign, where all the member has to do is contribute JUST $5.00. Yes JUST $5.00, nothing more. So far we have barely made $3,000. There are atleast 20,000 members who have no problems posting questions and "demanding" responses, but they cannot open their wallets even to the tune of $5.00. Do you really think, such members will contribute $100 AFTER they have already received their Green cards??
sajna_sinha20
03-05 05:11 PM
Can someone post a sample letter for removing lawyer from G28 and a notice to represent case himself/herself
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pkv
07-11 03:09 PM
NDTV wants to talk to members from New York from diverse nationalities. She already has one person lined up for a TV shoot today. This must happen today.
Prerequisites:
- Must have participated in flower campaign
- Must be in New York
- Must be from "diverse" nationalities
Details:
Sarah Jacob
Special Correspondent, NDTV.
172 Ludlow St, 3A
New York, NY 10002
646-280-6993
sarah AT ndtv.com
What are you guys excited about??? NDTV!!!! they broadcast in India, how does it makes a difference if Indian people come to know about our problems????
This does not serve any cause, though it may give some fame to immigrationvoice.org, which I think is useless if its not serving to cause.
Prerequisites:
- Must have participated in flower campaign
- Must be in New York
- Must be from "diverse" nationalities
Details:
Sarah Jacob
Special Correspondent, NDTV.
172 Ludlow St, 3A
New York, NY 10002
646-280-6993
sarah AT ndtv.com
What are you guys excited about??? NDTV!!!! they broadcast in India, how does it makes a difference if Indian people come to know about our problems????
This does not serve any cause, though it may give some fame to immigrationvoice.org, which I think is useless if its not serving to cause.
more...
swethanjit
08-25 08:37 PM
Hello Members,
Can someone please clarify my doubt below:
If I have an approved H1B starting Oct 1st 2008, will I be able to cancel it to be able to continue on my OPT (valid till June 2009) and get a 17 month extension from June 2009?
Thanks in Advance.
Swetha.
Can someone please clarify my doubt below:
If I have an approved H1B starting Oct 1st 2008, will I be able to cancel it to be able to continue on my OPT (valid till June 2009) and get a 17 month extension from June 2009?
Thanks in Advance.
Swetha.
desi3933
06-18 02:56 PM
Hi Gurus,
Please comment on my situation.
My current job, 140 is approved, and employer ready to file 485. But there is also a risk of layoff in coming 2 months. Employer won't revoke I-140, if he had to let me go.
I have another employer interested and has filed H1 transfer. I am in the 7th year of H1.
If I let current employer file I-485, and also get EAD/AP. Then if laid off after 2 months, and new employer ready to wait for 2 months from now, understanding the situation.
1. Can I join the new employer on H1, after 2 months.
Yes, New employer needs to file for H1-B transfer.
Will can cancel my I-485 processing automatically, even though the employer did not revoke the I-140?
No.
2. Should I join the new employer on EAD, which will be approved for 1 year by then?
It may be good idea to join on H1.
Will there be risk of violation of AC21, and 485 or EAD renewal being rejected at later stage? And what would be a fall-back strategy in such case?
GC is for the future job. AC-21 allows to change future employer after I-485 has been filed for 180 calendar days and I-140 is approved.
3. Just join the new employer, as it will be stable job. and not worry about the 485 date. It will be current again next year.
Invoke AC-21.
4. Is there any information, how the AC-21 works? Is it automatic, or do I need to file for some documents when I switch jobs. That would prevent me from taking any job before 6 months. But I may be laid off in 2 months.
Search on these forums. It has been discussed in detail.
Thanks in advance!
See above in blue. This is NOT a legal advice.
Please comment on my situation.
My current job, 140 is approved, and employer ready to file 485. But there is also a risk of layoff in coming 2 months. Employer won't revoke I-140, if he had to let me go.
I have another employer interested and has filed H1 transfer. I am in the 7th year of H1.
If I let current employer file I-485, and also get EAD/AP. Then if laid off after 2 months, and new employer ready to wait for 2 months from now, understanding the situation.
1. Can I join the new employer on H1, after 2 months.
Yes, New employer needs to file for H1-B transfer.
Will can cancel my I-485 processing automatically, even though the employer did not revoke the I-140?
No.
2. Should I join the new employer on EAD, which will be approved for 1 year by then?
It may be good idea to join on H1.
Will there be risk of violation of AC21, and 485 or EAD renewal being rejected at later stage? And what would be a fall-back strategy in such case?
GC is for the future job. AC-21 allows to change future employer after I-485 has been filed for 180 calendar days and I-140 is approved.
3. Just join the new employer, as it will be stable job. and not worry about the 485 date. It will be current again next year.
Invoke AC-21.
4. Is there any information, how the AC-21 works? Is it automatic, or do I need to file for some documents when I switch jobs. That would prevent me from taking any job before 6 months. But I may be laid off in 2 months.
Search on these forums. It has been discussed in detail.
Thanks in advance!
See above in blue. This is NOT a legal advice.
more...
GC_Wait2002
07-13 01:04 PM
Please post your valuble suggestions and experiences if any one had come across a situation like this
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eb3retro
03-16 01:49 PM
Hello Everyone,
I currently have an employment based I-485 application pending (EB3, India). My application was filed when I was single. Now my spouse is getting ready to file his 140/485concurrently (EB2 NIW, non-retrogressed country). Since I already have a pending 485 application, we do not plan on submitting another 485 application for me when he files his. My understanding is that once he receives his 485 receipt notice, we would just need to inform USCIS that both our 485 applications need to be merged (his being the primary, and mine being the derivative). I just wanted to confirm that this is correct, or if there is anything else that needs to be done.
Please advise.
Thank you.
how abt u update ur profile first.
I currently have an employment based I-485 application pending (EB3, India). My application was filed when I was single. Now my spouse is getting ready to file his 140/485concurrently (EB2 NIW, non-retrogressed country). Since I already have a pending 485 application, we do not plan on submitting another 485 application for me when he files his. My understanding is that once he receives his 485 receipt notice, we would just need to inform USCIS that both our 485 applications need to be merged (his being the primary, and mine being the derivative). I just wanted to confirm that this is correct, or if there is anything else that needs to be done.
Please advise.
Thank you.
how abt u update ur profile first.
more...
Better_Days
05-31 08:01 PM
Thanks so much sumggymba, just one more thing if you know. Do they file eb2 ?
Yes they do. A friend of mine got his GC processed in EB2 and it was a few years ago. .
Please note that he did have a Masters from a US university.
Yes they do. A friend of mine got his GC processed in EB2 and it was a few years ago. .
Please note that he did have a Masters from a US university.
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speddi
09-14 10:20 AM
Thank you but the address listed is to Chicago. I will be sending to Texas Service Center. I couldnt find that address.
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thatwillbeit
06-06 03:38 PM
Thanks for your reply wandmaker
akhilmahajan : Here is checklist of documents that I guess should be sent with AP I-131 form
I-131 Application Supporting documents
Copy of I-485 receipt Notice
Copy of I-140 Receipt/Approval Notice
Copy of Prior Advanced Parole Document (AP)
Copy of Biographic Page of Passport
Copy of Drivers' License
2 Passport size Photos
Check for $305 in favor of DHS
akhilmahajan : Here is checklist of documents that I guess should be sent with AP I-131 form
I-131 Application Supporting documents
Copy of I-485 receipt Notice
Copy of I-140 Receipt/Approval Notice
Copy of Prior Advanced Parole Document (AP)
Copy of Biographic Page of Passport
Copy of Drivers' License
2 Passport size Photos
Check for $305 in favor of DHS
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jambapamba
08-08 09:39 AM
I believe signatures on 485/131/765/140... forms are far more important than on G28's.
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lskreddy
08-14 12:04 PM
Congrats. I am sure it is not easy to leave everything behind. I see a lot of positives in R2Iing and the worst case scenario is if it does not work, you could come back here with a fresh H1. Sent you a PM..
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The7zen
04-16 03:50 PM
1. Sell all my stuff.
6. May be use I-485 receipt in Air India toilet on the way home (might hurt a bit but that is OK).
If after 10 years in this country, I-485 gets denied, I would not care for my H1-B status at all. I am speaking out of my heart, please do not give me red dots for that.[/QUOTE]
I am not sure about ItmNo: 6, but rest of the stuff sounds pretty good and echos my thoughts too :)
6. May be use I-485 receipt in Air India toilet on the way home (might hurt a bit but that is OK).
If after 10 years in this country, I-485 gets denied, I would not care for my H1-B status at all. I am speaking out of my heart, please do not give me red dots for that.[/QUOTE]
I am not sure about ItmNo: 6, but rest of the stuff sounds pretty good and echos my thoughts too :)
more...
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amsgc
06-20 12:14 AM
All I can say is for J1 physician is different then regular J1 visa. If you are J1 physician you have to serve 3 years in an underserved area on H1b visa and then and then you can get your GC. If you file NIW for physician you can apply for I-140 and I-485 but you will get GC after 5 yrs of service in an underserved area.
Thank you gondal, for you response.
So, after filing for I-485, one would still maintain their J1, without adversely affecting it, right?
Is your category of J1 also dual intent?
Thanks.
Thank you gondal, for you response.
So, after filing for I-485, one would still maintain their J1, without adversely affecting it, right?
Is your category of J1 also dual intent?
Thanks.
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sonu9
07-31 12:33 AM
any suggestion from others
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manuseeksgc
06-16 05:40 PM
Hi Chi_Shark,
I didnt get your analysis on "so i could possibly face a 7 day gap in work authorization". I am also eagerly waiting for my EAD but I was curious what makes you think about a gap of 7 days. Is it 'coz you complete 60 days of filing on Aug 17th and urs expires on 10th. But why 60 days, I thought it has to be 90 days before a request can be made for interim EAD. Please correct me if I am wrong.
Thanks!
I didnt get your analysis on "so i could possibly face a 7 day gap in work authorization". I am also eagerly waiting for my EAD but I was curious what makes you think about a gap of 7 days. Is it 'coz you complete 60 days of filing on Aug 17th and urs expires on 10th. But why 60 days, I thought it has to be 90 days before a request can be made for interim EAD. Please correct me if I am wrong.
Thanks!
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Guest007
10-06 05:36 PM
I came in through SFO on sunday with similar situation, faced no problems. One difference is I have H1 reciept. I filed for extension 40days back
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BharatPremi
11-27 05:27 PM
Well...so now they have added addln staff to handle the annual load (1 - 1.3 mil) EAD/AP requests....
Not yet. It is still planning to hire those 1500. So soon USCIS will come up with argument regarding "Administrative burden" to hire those 1500 and set up training centers and it will take almost 2 years. Again we will hear the reason for further slow down due to this un anticipated work load. After 2 years USCIS will realize the "heavy financial burden" which will also be un anticipated and hence USCIS will come up with fee increase... Cycle will go on and on...
Not yet. It is still planning to hire those 1500. So soon USCIS will come up with argument regarding "Administrative burden" to hire those 1500 and set up training centers and it will take almost 2 years. Again we will hear the reason for further slow down due to this un anticipated work load. After 2 years USCIS will realize the "heavy financial burden" which will also be un anticipated and hence USCIS will come up with fee increase... Cycle will go on and on...
looivy
07-16 11:02 PM
I-140 onwards in good 'ol days when there was no PERM because your LC would not reach USCIS untill you applied...now i believe you file PERM with USCIS so it would be LC. ....someone correct me if I am wrong.
Please enlighten me. What constitute a proof of immigrant intent?
Filing of:
1. LC
2. I-140
3. Medicals
4. I-485
etc...
I am confuse. Please explain.
Please enlighten me. What constitute a proof of immigrant intent?
Filing of:
1. LC
2. I-140
3. Medicals
4. I-485
etc...
I am confuse. Please explain.
at0474
11-13 05:37 PM
Thank you all for your valuable input. I have a follow up question :
Will I be breaking any laws if I just do voluntary marketing and promotional work for my company in India.
Here is the situation :
My clients will be in USA and they will be paying my company in India. I will be on the board of the company , and will be doing voluntary marketing and promotional work for the company while residing in USA.
Thank you for your time.
--On a lighter note. Let me handle your finances in India. You can work here on H1B.
Will I be breaking any laws if I just do voluntary marketing and promotional work for my company in India.
Here is the situation :
My clients will be in USA and they will be paying my company in India. I will be on the board of the company , and will be doing voluntary marketing and promotional work for the company while residing in USA.
Thank you for your time.
--On a lighter note. Let me handle your finances in India. You can work here on H1B.
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