gee_see
10-19 02:21 PM
I found an interesting article on AC21 portability in cyrusmetha.com
Here is the portion of the article appeared on May 27, 2005
about PORTABILITY DURING ADJUSTMENT OF STATUS
-----------
Interestingly, the memo also advises that although a difference in the wage offer on the approved labor certification or I-140 and the new employment cannot be used as a basis of denial, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is �same or similar.� It is possible, however, for one to work in a �same or similar� occupation even if there is a substantial discrepancy in the wage. A CEO of a Fortune 100 corporation may be paid several million of dollars each year. The CEO of a start-up could make much less, say $50,000 per annum. One should be able to successfully argue that the CEO of a start-up is in a �same or similar� job to the CEO of a Fortune 100 corporation.
----------
Experts please discuss....
Here is the portion of the article appeared on May 27, 2005
about PORTABILITY DURING ADJUSTMENT OF STATUS
-----------
Interestingly, the memo also advises that although a difference in the wage offer on the approved labor certification or I-140 and the new employment cannot be used as a basis of denial, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is �same or similar.� It is possible, however, for one to work in a �same or similar� occupation even if there is a substantial discrepancy in the wage. A CEO of a Fortune 100 corporation may be paid several million of dollars each year. The CEO of a start-up could make much less, say $50,000 per annum. One should be able to successfully argue that the CEO of a start-up is in a �same or similar� job to the CEO of a Fortune 100 corporation.
----------
Experts please discuss....
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senthil
06-12 05:33 AM
just the H1B filing receipt ( which is expected in few days of filin ) should be enough to be named "active" on H1B and no worry after that except finding an active project to work on.
njboy
09-25 05:27 PM
venky is right..find out why it was rejected..im sure an rfe was requested..right? did you finish your MS by april?
however, venky, your suggestions are not very sound..did you hear that that h1 quota is over? how can his future employer file for him? he can only start working oct 08 earliest
however, venky, your suggestions are not very sound..did you hear that that h1 quota is over? how can his future employer file for him? he can only start working oct 08 earliest
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roseball
02-20 04:14 PM
Thanks for the replies, I appreciate the time.
When I look back at the timelines, when we applied for the 485s, we thought he was in status but afterwards, we realized he might not have been. Since then, we have renewed the H4 twice, and each time there was an I94 attached and the last one is still valid, so he is in status now.
My concern is (1) that when the time comes to adjudicate his 485, someone might look back and say err, ten years ago there was a problem... I hope it won't happen, but I just want to be safe and my understanding is that returning with a stamped H4 would cure this and (2) that if we decide to go for the stamping, whether someone in the embassy would dig up the records and cause us problems.
Thanks for the insight.
Since you already got H4 extensions with attached I-94s, current status is not an issue. The issue will be with his I-485 application as he was out-of-status when it was applied. You should try and go to the US consulate outside US and get a H4 stamped. In my opinion, getting new VISAs will not be an issue since it was an honest mistake on your part and as soon as you realized it you applied for extensions and you should acknowledge it in your visa application. You have to get this done before USCIS issues an RFE asking for your son's status information. For how long was your son out of status. The duration of invalid status has different implications. In any case, before leaving US, you should take advise from a good attorney. Once your son gets H4 visa stamped and re-enters US on a valid H4 status, his previous out-of-status issue will be void. Please note that re-entering on AP does not void earlier out-of-status.
When I look back at the timelines, when we applied for the 485s, we thought he was in status but afterwards, we realized he might not have been. Since then, we have renewed the H4 twice, and each time there was an I94 attached and the last one is still valid, so he is in status now.
My concern is (1) that when the time comes to adjudicate his 485, someone might look back and say err, ten years ago there was a problem... I hope it won't happen, but I just want to be safe and my understanding is that returning with a stamped H4 would cure this and (2) that if we decide to go for the stamping, whether someone in the embassy would dig up the records and cause us problems.
Thanks for the insight.
Since you already got H4 extensions with attached I-94s, current status is not an issue. The issue will be with his I-485 application as he was out-of-status when it was applied. You should try and go to the US consulate outside US and get a H4 stamped. In my opinion, getting new VISAs will not be an issue since it was an honest mistake on your part and as soon as you realized it you applied for extensions and you should acknowledge it in your visa application. You have to get this done before USCIS issues an RFE asking for your son's status information. For how long was your son out of status. The duration of invalid status has different implications. In any case, before leaving US, you should take advise from a good attorney. Once your son gets H4 visa stamped and re-enters US on a valid H4 status, his previous out-of-status issue will be void. Please note that re-entering on AP does not void earlier out-of-status.
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desi3933
08-04 11:14 AM
Hi, can someone help crack this puzzle?
I have an EB3 application with a PD of Nov 2002 (India). Filed I-485 in June 2007, along with medical forms etc. Of course, that category is 'unavailable' now.
In 2005, we started an EB2 application, within the same company, for a new job, this one requiring a Masters degree.
The EB2 I-140 was just approved, and the notice has the Nov 2002 Priority Date.
The attorney had earlier said they could port the priority dates from the EB3 to EB2 and interfile.
Now, he just called saying he is confused and not sure!
His views:
- There is no formal way to find out if the new I-140 was matched up with the old I-485.
- He says he will ask his peers and will also call USCIS Customer Service.
- He thinks we might need to file a new I-485 to support the new EB2 I-140 to show that there is a pending I-485 - because the underlying EB3 is Unavailable.
Appreciate any inputs!
Cheers!
>> could port the priority dates from the EB3 to EB2 and interfile.
Correct. You should be able to claim EB-2 with PD Nov 2002.
Also, no need to file new I-485. Send a letter with details of both approved I-140 and highlighted PD Recapture in yellow.
_____________________________
Not a legal advice.
US Permanent Resident since 2002
I have an EB3 application with a PD of Nov 2002 (India). Filed I-485 in June 2007, along with medical forms etc. Of course, that category is 'unavailable' now.
In 2005, we started an EB2 application, within the same company, for a new job, this one requiring a Masters degree.
The EB2 I-140 was just approved, and the notice has the Nov 2002 Priority Date.
The attorney had earlier said they could port the priority dates from the EB3 to EB2 and interfile.
Now, he just called saying he is confused and not sure!
His views:
- There is no formal way to find out if the new I-140 was matched up with the old I-485.
- He says he will ask his peers and will also call USCIS Customer Service.
- He thinks we might need to file a new I-485 to support the new EB2 I-140 to show that there is a pending I-485 - because the underlying EB3 is Unavailable.
Appreciate any inputs!
Cheers!
>> could port the priority dates from the EB3 to EB2 and interfile.
Correct. You should be able to claim EB-2 with PD Nov 2002.
Also, no need to file new I-485. Send a letter with details of both approved I-140 and highlighted PD Recapture in yellow.
_____________________________
Not a legal advice.
US Permanent Resident since 2002
gc_chahiye
06-11 06:02 PM
You may port the PD as well as get 3 yrs extension based on previously approved I-140 regardless of employer as long as I-140 is not revoked.
what happens to the H1 extension if the I-140 is subsequently revoked?
what happens to the H1 extension if the I-140 is subsequently revoked?
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ahaadi
01-08 01:46 PM
You can get the passport the same day using tatkaal service but you need to spend the whole day in consulate or you can get it in 3 days.
I got it from NY consulate. Also tatkaal service charges 140 bucks and regular one is 40 bucks.
I got it in a week, I got it from SF Consulate.
I got it from NY consulate. Also tatkaal service charges 140 bucks and regular one is 40 bucks.
I got it in a week, I got it from SF Consulate.
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sravani
05-15 01:29 PM
Thanks...is your 140 in NSC or TSC ?
NSC
NSC
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xyzgc
10-13 11:10 PM
how abt dressing up as a mickey? they'll love u for it..;)
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sammyb
03-24 01:51 PM
is there any recording/archive available of the program .... all online radio sites are blocked in the office firewall :o
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vdlrao
08-15 04:45 AM
No I havent got my GC yet.
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logiclife
10-17 03:00 PM
Hi,
I have applied for my EAD and I-485 in the month of June '07 and all that i have recieved so far is my wife's EAD. I still did not recieve my EAD nor the finger prints notice nor the 485 yet. I have to move to IL from TX now and i am in a big confusion now. I heard that the mails from the USICS will not be forwarded to any new address by the USPS. If i would want to change my address with the USCIS now will it be a good move or is there any other alternative that you all could suggest me...Please advice me on this issue and help me out of this situation.
Krishna.
Yes, the post office DOES NOT forward USCIS mail even if you fill out the "forwarding address" form at post office, I have read this somewhere.
However, you can change your address with USCIS directly with AR-11. That way, USCIS will send it to your new address. Another thing, the receipt notices will go to your lawyer if you used a lawyer. Once the receipt notices come, register those case numbers in an online customer account on USCIS and track status. Once the status is approved, (of EAD or AP), then call USCIS to confirm that the cards are being shipped to your new address.
I have applied for my EAD and I-485 in the month of June '07 and all that i have recieved so far is my wife's EAD. I still did not recieve my EAD nor the finger prints notice nor the 485 yet. I have to move to IL from TX now and i am in a big confusion now. I heard that the mails from the USICS will not be forwarded to any new address by the USPS. If i would want to change my address with the USCIS now will it be a good move or is there any other alternative that you all could suggest me...Please advice me on this issue and help me out of this situation.
Krishna.
Yes, the post office DOES NOT forward USCIS mail even if you fill out the "forwarding address" form at post office, I have read this somewhere.
However, you can change your address with USCIS directly with AR-11. That way, USCIS will send it to your new address. Another thing, the receipt notices will go to your lawyer if you used a lawyer. Once the receipt notices come, register those case numbers in an online customer account on USCIS and track status. Once the status is approved, (of EAD or AP), then call USCIS to confirm that the cards are being shipped to your new address.
more...
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kris04
07-06 03:25 PM
Hi, there,
I've just done my final interview with one company. they are very satisfied with my experiences and tech skills and have strong intent to hire me. after several time interviews with them, there is only 2 candidates left. I am the one of them. but now the hiring manager has concern on my visa problem. I am currently have EAD (will expire 1 year later) and my 140 has been approved and 485 pending is far over 180 days. I should not have visa problem, right? may I get your comments how I can convince this hiring manager on my status?
thank you a lot!
:confused:
Tell the hiring manager you don't need any Visa sponsorship, but just would require a EVL detailing job description and salary details, EVL is common not just for immigration, but for securing a home loan or car loan, so HR will not have any problem in providing a EVL. I did the same last year got the job offer and notified the hiring manager and HR that I am on EAD, told them that I don't need any visa sponsorship, but a detailed EVL, hired a private attorney informed USCIS about the new employer with the EVL I secured after joining the new employer, submitted the document as part of AC 21. Last year around Aug. 2008 I got my GC got approved without any RFE.
Good luck
HTH
kris
I've just done my final interview with one company. they are very satisfied with my experiences and tech skills and have strong intent to hire me. after several time interviews with them, there is only 2 candidates left. I am the one of them. but now the hiring manager has concern on my visa problem. I am currently have EAD (will expire 1 year later) and my 140 has been approved and 485 pending is far over 180 days. I should not have visa problem, right? may I get your comments how I can convince this hiring manager on my status?
thank you a lot!
:confused:
Tell the hiring manager you don't need any Visa sponsorship, but just would require a EVL detailing job description and salary details, EVL is common not just for immigration, but for securing a home loan or car loan, so HR will not have any problem in providing a EVL. I did the same last year got the job offer and notified the hiring manager and HR that I am on EAD, told them that I don't need any visa sponsorship, but a detailed EVL, hired a private attorney informed USCIS about the new employer with the EVL I secured after joining the new employer, submitted the document as part of AC 21. Last year around Aug. 2008 I got my GC got approved without any RFE.
Good luck
HTH
kris
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vxg
01-03 03:59 PM
Namecheck is done on everyone applying for any US visa at consulate. There is a database which i think called a lookout system and if you get a hit than you will go through further checks. It happened in 2004 and she has to pay $85 fee give full fingerprints at Delhi consulate and took about 6 weeks to get cleared.
vxg,
How come they are doing namechecks on women? That is supposed to only for male from 17-45 years of age? Can you please clarify? what is namecheck or TechnologyAlertList (this is the only check they can likely do on women as per my understaning).
What that namecheck on YOU or on your wife?
Thanks.
vxg,
How come they are doing namechecks on women? That is supposed to only for male from 17-45 years of age? Can you please clarify? what is namecheck or TechnologyAlertList (this is the only check they can likely do on women as per my understaning).
What that namecheck on YOU or on your wife?
Thanks.
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sreedhar
11-07 12:12 AM
sreedhar
Keep that GRIN for your later years, this web site is made to help people who are stuck in the immigration limbo.
There are lot of us out there who have their personal decisions at stake.
Agree with you....But I am telling Truth... Truth is always like this Buddy...Do not feel emotion. I am also here for get help from other people and if possible I will help other people. Still I don’t know what is wrong with my previous response bellow…
“Why you worried about PDs...Yours is 2007....have to wait several years”
Keep that GRIN for your later years, this web site is made to help people who are stuck in the immigration limbo.
There are lot of us out there who have their personal decisions at stake.
Agree with you....But I am telling Truth... Truth is always like this Buddy...Do not feel emotion. I am also here for get help from other people and if possible I will help other people. Still I don’t know what is wrong with my previous response bellow…
“Why you worried about PDs...Yours is 2007....have to wait several years”
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shan74
01-12 07:49 PM
Thanks and wait for ur response. Also i wanted to know whether my employer or lawyer will come to know if i apply for FOIA, and will it affect my application. Another thing is my employer is not responding whether my 140 is approved or not. so i really don;t know the status of my application and he is not willing to give me the receipt #.
So please let me know will it affect my application.
thanks
So please let me know will it affect my application.
thanks
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sbdol
08-05 06:33 PM
...
What if all the background adjudication of 485 is done in 1 year and then we change from EB3 to EB2, its not going to affect the current 485 ? It will just put the file in a better category ?
If every EB3 is ported to EB2 then EB2 will retrogress to 2001 and EB3 will become current.
What if all the background adjudication of 485 is done in 1 year and then we change from EB3 to EB2, its not going to affect the current 485 ? It will just put the file in a better category ?
If every EB3 is ported to EB2 then EB2 will retrogress to 2001 and EB3 will become current.
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cyclone_p
06-21 09:10 AM
@sameer2730 : So when you made the mistake "Country Of Citizenship" on your EAD eFile, how did you get that corrected? Did you send in a "Request For Correction" along with your supporting documentation to USCIS? Did they send you an RFE or did they accept your docs and approved your EAD?
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HV000
08-10 12:44 AM
It is too early to tell if it definitely refers to us, but it is more likely that this IS referring to EB and naturalization background checks. Reasoning is like this - Background checks are required by Department of State (DOS) for issuing Visas. Department of homeland security (DHS) under which USCIS comes is responsible for those within the US. Now background checks are not conducted for issuing H1B visa etc. They are only for EB/N-400. So it is more likely they are referring us. Secondly, just two months back USCIS announced that it is going through Ombudsman's report and would be preparing a response. Last month FBI's miller came out and suggested they are happy with main file checks (which take less than 2 days to come back automatically) and USCIS is insisting of doing reference file checks and they would be keen to work with USCIS to find ways of reducing backlog processing times. Some options included they way background checks are done, and also borrowing workers from USCIS for FBI's NNC unit. Finally, when the fee increase was announced USCIS mentioned some of the money would go to reduce processing times and FBI asked for increasing the name check fee from $2 to $9 which means now that the fees increase has been implemented more resources to reduce time may be implemented.
With scores of cases against USCIS and thousands of letters to congressmen and president and articles in NYT and WS Times, finally they may have realized that it is time they attended to the background check delays issue.
Very good points. We should know more about this tomorrow. Hopefully they are referring to FB/EB IMMIGRATION.
With scores of cases against USCIS and thousands of letters to congressmen and president and articles in NYT and WS Times, finally they may have realized that it is time they attended to the background check delays issue.
Very good points. We should know more about this tomorrow. Hopefully they are referring to FB/EB IMMIGRATION.
Bolt
04-23 11:48 AM
Hi Guys,
I got the good news to share every one. got the approval . its wonderful
Hi ,
congrats! did you get an approval i.e 797 with i-94 or without it ? am in the same situation, my previous h1b was denied on mar10th 2009 (which was filed on march 24th 2008). i had a transfer to another company thru premium processing on 30th of march 2009 and got approval on april 21st.
Please do reply.
I got the good news to share every one. got the approval . its wonderful
Hi ,
congrats! did you get an approval i.e 797 with i-94 or without it ? am in the same situation, my previous h1b was denied on mar10th 2009 (which was filed on march 24th 2008). i had a transfer to another company thru premium processing on 30th of march 2009 and got approval on april 21st.
Please do reply.
lazycis
09-27 02:26 PM
Title 8 C.F.R. � 205.1(a) states, in pertinent part, that:
The approval of a petition or self-petition made under section 204 of the Act and in accordance with part 204 of this chapter is revoked as of the date of approval:
(3) If any of the following circumstances occur before the beneficiary’s or self-petitioner’s journey to the United States commences … (A) Upon written notice of withdrawal filed by the petitioner or self-petitioner with any officer of the Service who is authorized to grant or deny petitions.
You cannot port revoked petition, because it does not exist anymore.
The approval of a petition or self-petition made under section 204 of the Act and in accordance with part 204 of this chapter is revoked as of the date of approval:
(3) If any of the following circumstances occur before the beneficiary’s or self-petitioner’s journey to the United States commences … (A) Upon written notice of withdrawal filed by the petitioner or self-petitioner with any officer of the Service who is authorized to grant or deny petitions.
You cannot port revoked petition, because it does not exist anymore.
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