sankap
07-10 03:14 PM
I-140 is for future job, and the petition says that the original employer has *intent* to hire the petitioner on FT/"perm" job. Now, let's say the original employer withdraws the petition after 180 days of filing I-485 and approved I-140 and lets you go. That's where AC21 comes to rescue, and you can become "self-employed" rather than "unemployed." Question is, why can't self-employment in same/similar occupation as your I-140 petition be considered to satisfy I-140 requirement? (Fortunately, yes it can be, per Yates memo.) Another situation: If you continue working with the same employer on H-1B until you get your GC, and leave him the next day of getting GC, and then plan to take a long holiday (not working). Would your GC be canceled because you don't have a FT/"perm" job?
I-140 is for future GC and hence, must be full time and permanent.
I-140 is not for current H-1B job.
You are mixing two things.
I-140 is for future GC and hence, must be full time and permanent.
I-140 is not for current H-1B job.
You are mixing two things.
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dhesha
08-13 04:57 PM
Mine is 485 only my 140 was approved earlier, but mine is EB3 - PD 08/2006 what is your PD? Did you get the FP notice?
No FP notice yet. You?
No FP notice yet. You?
tonyHK12
02-11 01:47 PM
thanks bkarnik for your contributions
Thanks to IV core and Senior members for their work on the STEM bill. Now its up to everyone else to do their part.
Amount raised = $2300.00
Contributions needed = $47,700.00
Thanks to IV core and Senior members for their work on the STEM bill. Now its up to everyone else to do their part.
Amount raised = $2300.00
Contributions needed = $47,700.00
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h1bmajdoor
07-07 08:57 PM
All officials have talked about processing 60k visas in a month to avoid visas going waste.
None was honest enough to say the unused visas expire on 09/30 NOT 06/30.
So, why the mad rush to give out all visas by 06/30?? We all know why..
some people say this was because of the Kennedy-Bush bill... to get good press for the bill.
IMO that may be true, but having seen the way US works, i'm willing to bet 25 cents that some high official's bonus depended on ending retrogression. So he did it, for all of 2 weeks.
None was honest enough to say the unused visas expire on 09/30 NOT 06/30.
So, why the mad rush to give out all visas by 06/30?? We all know why..
some people say this was because of the Kennedy-Bush bill... to get good press for the bill.
IMO that may be true, but having seen the way US works, i'm willing to bet 25 cents that some high official's bonus depended on ending retrogression. So he did it, for all of 2 weeks.
more...
BharatPremi
11-01 04:55 PM
Guys,
Here is my understanding. Please add your suggestions and opinions
Goal: Use AC21 safely to achieve GC
Addressed Parties: Applicant( "A")
Current Employer(Comany X - "X")
Client of current Employer (Company Y - "Y")
Future Employer (Company Z - "Z")
Prerequsites:
------------
Good Relations with X
----------------------
Documents to be asked for:
--------------------------
1) 181 Days wait period
2) "Intent to hire in future" Letter on the last day of the job
3) Copy of "Employment Letter" submitted for 485
4) Copy of certified labor
5) Copy of approved I-140
6) Original 485 receipt and original receipts of AP and EAD if applicable
7) Original pay stubs for this 181 days period
Bad Relations with X
--------------------
Documents to be asked for:
--------------------------
All above. Copy of I-140 approval (Or just LIN/SRC No would do too),
Labor certification number and copy of 485 receipts ARE MUST.
Paystubs anyway you will get. In case if "employment letter" is not
given then try to take "Reference letter" from Y which depicts you
were working as a X's consultant with title "Job description --matching
Job Code" from this period to this period (Last day of your 181st day)
Things to be taken care of at Z side:
-----------------------------------
1) Have H1 transferred first if want to be on H1. Otherwise use approved EAD
2) Have offer letter with start date (182nd day), with "Same Job Code" with
your 485 is filed and written commitment of pursuing GC from where it was
left without any condition.
3) Have commitment of direct communication with lawyer
4) Have employment letter secially prepared for teh use of AC21 having start
date, Job code, title, job description and commitment of future continued
employment
5) Send AC21 notification letter alongwith employment letter of Z, paystubs
from X through Z's lawyer.
Thanks.
AM I MISSING SOMETHING?
Here is my understanding. Please add your suggestions and opinions
Goal: Use AC21 safely to achieve GC
Addressed Parties: Applicant( "A")
Current Employer(Comany X - "X")
Client of current Employer (Company Y - "Y")
Future Employer (Company Z - "Z")
Prerequsites:
------------
Good Relations with X
----------------------
Documents to be asked for:
--------------------------
1) 181 Days wait period
2) "Intent to hire in future" Letter on the last day of the job
3) Copy of "Employment Letter" submitted for 485
4) Copy of certified labor
5) Copy of approved I-140
6) Original 485 receipt and original receipts of AP and EAD if applicable
7) Original pay stubs for this 181 days period
Bad Relations with X
--------------------
Documents to be asked for:
--------------------------
All above. Copy of I-140 approval (Or just LIN/SRC No would do too),
Labor certification number and copy of 485 receipts ARE MUST.
Paystubs anyway you will get. In case if "employment letter" is not
given then try to take "Reference letter" from Y which depicts you
were working as a X's consultant with title "Job description --matching
Job Code" from this period to this period (Last day of your 181st day)
Things to be taken care of at Z side:
-----------------------------------
1) Have H1 transferred first if want to be on H1. Otherwise use approved EAD
2) Have offer letter with start date (182nd day), with "Same Job Code" with
your 485 is filed and written commitment of pursuing GC from where it was
left without any condition.
3) Have commitment of direct communication with lawyer
4) Have employment letter secially prepared for teh use of AC21 having start
date, Job code, title, job description and commitment of future continued
employment
5) Send AC21 notification letter alongwith employment letter of Z, paystubs
from X through Z's lawyer.
Thanks.
AM I MISSING SOMETHING?
dagabaaj
07-19 11:36 PM
$100 from me.......I will try to convice some more this weekend...lets move the drive to end on Monday......my2censt....
more...
pr02
07-11 12:25 PM
I liked the burning photocopies idea very much .This will surely work.
Is it legal? There could be a law written in the 1800s that bans something like this. Please confirm. Things like burning stuff have a tendency to go out of hand and create larger problems. IMHO, more peaceful means would be better.
Is it legal? There could be a law written in the 1800s that bans something like this. Please confirm. Things like burning stuff have a tendency to go out of hand and create larger problems. IMHO, more peaceful means would be better.
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gc_chahiye
09-28 04:33 PM
If Labor Certification and I-140 Approval Notices are a property of the Employer, how the "Beneficiary" is supposed to invoke 'AC-21' for changing jobs in the future without having the approval notices? - My employer has a policy of NOT giving out approval notices of LC and I-140.
for AC-21 (if you choose to inform USCIS: its recommended, but some people dont do it) you only need to provide a letter explaining you are porting, and include a copy of your new employers offer letter. You provide receipt number of your 485. I-140/LC copies not needed. If you are trying to port after 6 years of H1, and need to extend H1 with new employer, thats when you need copy of I-140 approval notice or LC. If your employer does not provide it, I think you will be forced to use AC-21 with EAD in that case.
for AC-21 (if you choose to inform USCIS: its recommended, but some people dont do it) you only need to provide a letter explaining you are porting, and include a copy of your new employers offer letter. You provide receipt number of your 485. I-140/LC copies not needed. If you are trying to port after 6 years of H1, and need to extend H1 with new employer, thats when you need copy of I-140 approval notice or LC. If your employer does not provide it, I think you will be forced to use AC-21 with EAD in that case.
more...
ramus
06-06 05:49 PM
All guys who is able to file or have filed for I-485. Please contribute to this good cause. Please help our other friends..
I know some of our friends who already have green card contributed..
Guys please give gift to IV now.. Thanks.
The applications recrived at TEXAS on 1st JUN started receiving recepit notices. One of my friends checks got cleared today. :confused: As per my analysys nebraska had a 6 day lag till Jan 1st. Lets see.
I know some of our friends who already have green card contributed..
Guys please give gift to IV now.. Thanks.
The applications recrived at TEXAS on 1st JUN started receiving recepit notices. One of my friends checks got cleared today. :confused: As per my analysys nebraska had a 6 day lag till Jan 1st. Lets see.
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lasvegas
02-06 10:03 AM
Another thread where this issue is discussed
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=9981039551&r=1551088951#1551088951
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=9981039551&r=1551088951#1551088951
more...
r2i2009
09-13 08:55 PM
Guys,
Given the EB3 situtation.....most EB3 will convert to EB2 and flood EB2. This is going to happen soon. More money for USCIS.....EB2 will become U
Given the EB3 situtation.....most EB3 will convert to EB2 and flood EB2. This is going to happen soon. More money for USCIS.....EB2 will become U
hot %IMG_DESC_5%
kasanski33
06-12 03:34 PM
Finally got confirmation from my attorney they filed everything on June 6th, I guess now just wait and watch.
Eb-3 Ind PD 07/02
Eb-3 Ind PD 07/02
more...
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pd_recapturing
04-30 03:27 PM
I doubt that it has BEC cases (may be some not All) .. Mine was a BEC case that got approved but I do not see in the data posted on this website.
tattoo %IMG_DESC_6%
trueguy
07-27 07:29 PM
I agree. If "vertical spillover" occurs again, the only benefit would go to EB3-ROW.
It is very very difficult to convince anyone to overflow EB2 ROW -> EB3 ROW -> EB3 I (leaving EB2 I out of loop). (eventhough USCIS did it in past)
If someone tries to re-interprete, it will end up like:EB2 ROW -> EB3 ROW -> EB2I -> EB3 I, still no real benefit to EB3 I; only EB2 I will loose with some benefit to EB3 ROW.
Bottom line is, we need more visa numbers and that's what we need to campaign for. May it be recapture, or STEM exemption or anything else.
I am not saying this just because I am EB2, but these are the facts. Additionally, there is a big chance of new immigration law as soon as new president comes (likely some form of CIR) and we need to be prepared to have our agenda included in that; rather than splitting ourselves.
Earlier it was like this:
EB2 ROW --> EB3 ROW
If any left over after that then remaining numbers were equally divided between EB2-I/C and EB3-I/C so both EB2-I and EB3-I were getting equal share of spillover. Thats the way it should be.
It is very very difficult to convince anyone to overflow EB2 ROW -> EB3 ROW -> EB3 I (leaving EB2 I out of loop). (eventhough USCIS did it in past)
If someone tries to re-interprete, it will end up like:EB2 ROW -> EB3 ROW -> EB2I -> EB3 I, still no real benefit to EB3 I; only EB2 I will loose with some benefit to EB3 ROW.
Bottom line is, we need more visa numbers and that's what we need to campaign for. May it be recapture, or STEM exemption or anything else.
I am not saying this just because I am EB2, but these are the facts. Additionally, there is a big chance of new immigration law as soon as new president comes (likely some form of CIR) and we need to be prepared to have our agenda included in that; rather than splitting ourselves.
Earlier it was like this:
EB2 ROW --> EB3 ROW
If any left over after that then remaining numbers were equally divided between EB2-I/C and EB3-I/C so both EB2-I and EB3-I were getting equal share of spillover. Thats the way it should be.
more...
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Abhinaym
11-17 03:23 PM
Not to nitpick, but "inside of the US" sounds odd. It is simpler to say "in the US".
dresses %IMG_DESC_12%
gondalguru
09-02 07:33 PM
Received the EAD cards today in mail for me and my wife.
Valid for 2 years.
Applied at TSC with RD of July 7th.
Valid for 2 years.
Applied at TSC with RD of July 7th.
more...
makeup %IMG_DESC_9%
iam4u4ever
08-04 06:48 PM
Per my lawyer,
1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
3. Self employment is ok as long as the requirements are met and that is what is I am doing now.
hi, what are the requirements of self employment ?
thanks
1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
3. Self employment is ok as long as the requirements are met and that is what is I am doing now.
hi, what are the requirements of self employment ?
thanks
girlfriend %IMG_DESC_14%
mirage
03-07 11:48 AM
Nothing had been achieven in last 9 years. Last thing when anything that congress did for immigration was AC21 in 2000. Than how do you thing whatever our agenda is, can be achieved ?? While I think our agenda has to be modified so that we don't ask them what they have been rejecting repeatedly.
Why dont we all stick to a common agenda where there are more chances rather than everyone coming with some and in the end you know what happens...
IV is a platform where people do things together NOT everyone digressing in their own ways..not right...
Why dont we all stick to a common agenda where there are more chances rather than everyone coming with some and in the end you know what happens...
IV is a platform where people do things together NOT everyone digressing in their own ways..not right...
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raghav0
09-24 01:03 PM
I cant believe that this kind of "Crab Mentality" would still exist especially now when we need to stop cribbing about these petty issues and unite to fight for our cause...Please GROW UP!!!
bigboy007
08-13 03:29 PM
That's great, I guess Texas is moving now..:)
i see an LUD change for my case today with my I140 pending at TSC sent my 485 to NSC July 2 9:55 AM Fedex , LUD change date is 8/12/2007 , does it make any sense or what indication it is ?
i see an LUD change for my case today with my I140 pending at TSC sent my 485 to NSC July 2 9:55 AM Fedex , LUD change date is 8/12/2007 , does it make any sense or what indication it is ?
vin13
07-16 05:58 PM
I am starting this new thread to discuss about EB visas spillover usage based on oldest priority date irrespective of category/country. Currently the spillover happens vertically(a top down approach) from EB1 -> EB2 -> EB3...etc. Instead it should be first used on cases with oldest priority date. This will not only give a good move to clear the backlog but will also be a fair rule for those who are patiently waiting in queue for a long time. I wrote my concern about this to my local congressman. I also request each one of you, who is impacted by this, or who is interested to help us out, to kindly contact your local congressman/woman to express your concern. In turn they can contact USCIS to implement this fair rule to help us all out.
How about basing it on when a person entered the country. Will that be fair for you?
How about basing it on when a person entered the country. Will that be fair for you?
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