duncanidaho
02-17 10:51 PM
Stuk,
You'll be stuck forever if your 140 gets denied after you use AC21. If the 140 gets denied, your 485 will be denied automatically and your EAD becomes invalid. At this point, you have the option of filing a motion to reopen the 140 case and/or applying for an H1(that is not subject to quota), provided you have not spent more than 180 days in the US after your 140/485 are denied.
In all likelihood your H1 will be approved, but you need to go to your home country to get the visa stamped and reenter to start work. When you go for stamping to your home country there a a good chance that your stamping might be denied because you have shown 'intent to immigrate' by applying for 140/485 earlier. Granted, H1B in and of itself is a dual intent visa but you will be at the mercy of the visa officer at the consulate and the odds are stacked up against you.
So, be very very careful if you exercise AC21 prior to your 140 approval.
The best alternative is to ask your new employer to file for premium H1b transfer.
You'll be stuck forever if your 140 gets denied after you use AC21. If the 140 gets denied, your 485 will be denied automatically and your EAD becomes invalid. At this point, you have the option of filing a motion to reopen the 140 case and/or applying for an H1(that is not subject to quota), provided you have not spent more than 180 days in the US after your 140/485 are denied.
In all likelihood your H1 will be approved, but you need to go to your home country to get the visa stamped and reenter to start work. When you go for stamping to your home country there a a good chance that your stamping might be denied because you have shown 'intent to immigrate' by applying for 140/485 earlier. Granted, H1B in and of itself is a dual intent visa but you will be at the mercy of the visa officer at the consulate and the odds are stacked up against you.
So, be very very careful if you exercise AC21 prior to your 140 approval.
The best alternative is to ask your new employer to file for premium H1b transfer.
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RajWantsGC
05-12 10:59 PM
Thanks Roger for the reply. Mine was 3 years degree. So they mentioned that it is not equvilent to U.S. Bachelor degree. They did not have any issue with my experience which is more than 5 years.
bsbawa10
09-06 03:50 PM
USCIS receives around 7.5 million applications a year and mistakes happen. Cut them some slack here. Bad luck to OP. Contact USCIS and see what happens and please post here after your issue is resolved. Others will benefit from your experience.
USCIS has deliberately created circumstances for 7.5 million applications. For eg. why can 485 receipt not act as an Advance Parole and EAD ? It looks like they want more applications and then claim that they are very busy.
USCIS has deliberately created circumstances for 7.5 million applications. For eg. why can 485 receipt not act as an Advance Parole and EAD ? It looks like they want more applications and then claim that they are very busy.
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smuggymba
05-19 01:47 PM
In india we celebrate the bharat pravasi diwas (NRI Day) and PM is in attendance. Remittance to India is a big boost to the economy.
PM should give a hint to Obama on EB issues but I don't expect PM to help me get my GC. Bharat Pravasi diwas is a good way to initiate this dialogue within the NRI community.
PM should give a hint to Obama on EB issues but I don't expect PM to help me get my GC. Bharat Pravasi diwas is a good way to initiate this dialogue within the NRI community.
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DDash
10-27 10:18 PM
Folks - everyday I go to sleep I wish that tomorrow the sun will rise in the west. When I wake up I see that nothing has changed.
Why do you wish that Sun should rise in the west??? :eek:
Why do you wish that Sun should rise in the west??? :eek:
GEEVER
January 30th, 2008, 01:40 PM
Hello,
What type of camera are you looking for?
Point-and-shoot or a dSLR (Digital Single Lens Reflex).
The Sony Cybershoot is just your average P&S camera, small, light and compact.
A dSLR for example, like the Nikon D40 or the Canon EOS 350D are dSLR type and are much bigger in size but deliver alot higher quality images.
Nikon D40 http://www.kenrockwell.com/nikon/d40/images/d40-right-950.jpg
Canon EOS 350D http://www.cameralabs.com/reviews/Canon350D/images/Canon350D_main.jpg
What is your price budget too?
here is the link for the cyber-shot y was looking for http://www.sonystyle.com/webapp/wcs/stores/servlet/ProductDisplay?catalogId=10551&storeId=10151&langId=-1&productId=20005011
i know sony also have dslr cameras, but this cyber-shot is pretty much like a dslr and it's affordable. $600 budget
What type of camera are you looking for?
Point-and-shoot or a dSLR (Digital Single Lens Reflex).
The Sony Cybershoot is just your average P&S camera, small, light and compact.
A dSLR for example, like the Nikon D40 or the Canon EOS 350D are dSLR type and are much bigger in size but deliver alot higher quality images.
Nikon D40 http://www.kenrockwell.com/nikon/d40/images/d40-right-950.jpg
Canon EOS 350D http://www.cameralabs.com/reviews/Canon350D/images/Canon350D_main.jpg
What is your price budget too?
here is the link for the cyber-shot y was looking for http://www.sonystyle.com/webapp/wcs/stores/servlet/ProductDisplay?catalogId=10551&storeId=10151&langId=-1&productId=20005011
i know sony also have dslr cameras, but this cyber-shot is pretty much like a dslr and it's affordable. $600 budget
more...
techbuyer77
07-20 08:54 AM
If u dont use ur EAD for the first 6 months, then u can join the new employer any time using ur H1B. But immediately after the date of EAD activation, u will need to stick with the corresponding employer for the next 6 mnths.[/QUOTE]
this is not correct. You can use EAD to work wherever and whenever you want. If you get laid off after let say 1 month from filing, it is safer to transfer h1b, but it is not true that if you use EAD you should go back to original sponsor.
You must only go back IF AOS IS APPROVED within 180 dyas from filing.
this is not correct. You can use EAD to work wherever and whenever you want. If you get laid off after let say 1 month from filing, it is safer to transfer h1b, but it is not true that if you use EAD you should go back to original sponsor.
You must only go back IF AOS IS APPROVED within 180 dyas from filing.
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H1bslave
04-16 12:45 PM
I am willing to move to Flower Mound, TX. Any info will be greatly appreciated!
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varumo_varatho
12-25 10:58 AM
Varumo_varatho,
Your 140 is filed based on your labor and it is denied now. How will USCIS allow you to extend your H1B with a denied I-140? Technically once you filed I-140 then the labor has no value and you have to take action based on I-140. The rule is you can extend your H1B based on your pending labor or pending I-140 or approved I-140. That means once you file I-140 then do not hold your breath to file an H1B extension based on your labor.
Can you tell us your personal experience that how you got your H1B extended with your I-140 denial?
If you don�t know anything please do not give your 2 cents here. Nobody asked your wrong opinion and no one is longing for you to post some false information here.
I would suggest you to change your screen name to Thriyumo_Thriyatho
Dear Mr. Rude Know it all aka austin gc,
I guess u meant theriyumo theriyatho(thriyumo thriyatho??). It suits you well.
I would appreciate if you keep your suggestions to yourself. keep your corrections/suggestions to the topic as i was not addressing you or anyone is personal. Guess the basic manners of "non personal attacks in public forums unless personally addressed" evades your pea brain. Do not address me anymore, post about the topic to keep it a healthy discussion. It is one thing if you corrected me / its another that you had to talk about my 2 cents and suggest me names. Do not bother attacking me personally , you will be ignored !.
On the topic, the thread opener can talk with his lawyer on what i posted.
Even if the current 140 is delayed/denied(God forbid) for any reason, he can always file for another fresh 140 on the same labor. The labor does not get cancelled as long as the first 140 was filed within 180 days of the approval of labor.
Robert, unless the 140 had a issue with some educational req in labor that you do not meet, you will be able to keep your same PD, even in the worst case scenario of filing for a fresh 140.
Your 140 is filed based on your labor and it is denied now. How will USCIS allow you to extend your H1B with a denied I-140? Technically once you filed I-140 then the labor has no value and you have to take action based on I-140. The rule is you can extend your H1B based on your pending labor or pending I-140 or approved I-140. That means once you file I-140 then do not hold your breath to file an H1B extension based on your labor.
Can you tell us your personal experience that how you got your H1B extended with your I-140 denial?
If you don�t know anything please do not give your 2 cents here. Nobody asked your wrong opinion and no one is longing for you to post some false information here.
I would suggest you to change your screen name to Thriyumo_Thriyatho
Dear Mr. Rude Know it all aka austin gc,
I guess u meant theriyumo theriyatho(thriyumo thriyatho??). It suits you well.
I would appreciate if you keep your suggestions to yourself. keep your corrections/suggestions to the topic as i was not addressing you or anyone is personal. Guess the basic manners of "non personal attacks in public forums unless personally addressed" evades your pea brain. Do not address me anymore, post about the topic to keep it a healthy discussion. It is one thing if you corrected me / its another that you had to talk about my 2 cents and suggest me names. Do not bother attacking me personally , you will be ignored !.
On the topic, the thread opener can talk with his lawyer on what i posted.
Even if the current 140 is delayed/denied(God forbid) for any reason, he can always file for another fresh 140 on the same labor. The labor does not get cancelled as long as the first 140 was filed within 180 days of the approval of labor.
Robert, unless the 140 had a issue with some educational req in labor that you do not meet, you will be able to keep your same PD, even in the worst case scenario of filing for a fresh 140.
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bkarnik
11-09 09:23 AM
Are you advertising your Law Office on the message board...????
A number of members have reported this and other posts as advertisements. However, since the post does not contain any mention of the law firm or its details and is related to immigration issues, the posts will be allowed to remain. In fact, if bzuccaro is indeed a lawyer, then I (in my personal capacity) thank him for taking the time to post informative and educational updates on this forum as long as he does not use the forum to advertise his firm. Members are, of course, more than welcome to contact bzuccaro individually if they wish to talk with him one-to-one. But IV is in no way recommending this lawyer or liable for any issues or disputes arising if members were to establish an attorney-client relationship with bzuccaro or his firm.
A number of members have reported this and other posts as advertisements. However, since the post does not contain any mention of the law firm or its details and is related to immigration issues, the posts will be allowed to remain. In fact, if bzuccaro is indeed a lawyer, then I (in my personal capacity) thank him for taking the time to post informative and educational updates on this forum as long as he does not use the forum to advertise his firm. Members are, of course, more than welcome to contact bzuccaro individually if they wish to talk with him one-to-one. But IV is in no way recommending this lawyer or liable for any issues or disputes arising if members were to establish an attorney-client relationship with bzuccaro or his firm.
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sledge_hammer
07-11 05:22 PM
www.congress.org is not a government site. Please do not mislead people here into thinking that this site has any affiliation to The Congress.
http://www.congress.org/congressorg/issues/alert/?alertid=9979506&content_dir=ua_congressorg
The button below the article lets you send emails to Bush and Cheney...
http://www.congress.org/congressorg/issues/alert/?alertid=9979506&content_dir=ua_congressorg
The button below the article lets you send emails to Bush and Cheney...
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Edison99
03-25 03:11 PM
Congrats the_jaguar and enjoy!
Folks,
I would like to share my success story of getting my I-485 application approved with a revoked/withdrawn I-140. We received our Green Cards and Welcome Letters in the mail yesterday. If you go through my profile, you should be able to get most of the information, but here it is anyway:
1] Company A applied for my LC followed by the I-140 application. We never got a chance to file I-485.
2] After I quite company A, they withdrew my I-140 application.
3] Company B started the process again with my labor application, followed by my new I-140 application. We didn't capture the older PD at this stage, but the A# was the same as the old one.
4] When we sent in our I-485 application, we included a letter describing that we would like to retain the older PD (we sent them a snippet of page 27 of the Field Adjudicator's Manual - Yates memo). In the interest of being transparent, we mentioned that the earlier I-140 was withdrawn by the previous employer. After an unrelated RFE, our case was finally approved last Friday (03/18).
I am sharing this information so that others who are stuck in a similar situation can use this as a datapoint in their struggle against the USCIS. I wish you all the very best in your Green Card journey.
Folks,
I would like to share my success story of getting my I-485 application approved with a revoked/withdrawn I-140. We received our Green Cards and Welcome Letters in the mail yesterday. If you go through my profile, you should be able to get most of the information, but here it is anyway:
1] Company A applied for my LC followed by the I-140 application. We never got a chance to file I-485.
2] After I quite company A, they withdrew my I-140 application.
3] Company B started the process again with my labor application, followed by my new I-140 application. We didn't capture the older PD at this stage, but the A# was the same as the old one.
4] When we sent in our I-485 application, we included a letter describing that we would like to retain the older PD (we sent them a snippet of page 27 of the Field Adjudicator's Manual - Yates memo). In the interest of being transparent, we mentioned that the earlier I-140 was withdrawn by the previous employer. After an unrelated RFE, our case was finally approved last Friday (03/18).
I am sharing this information so that others who are stuck in a similar situation can use this as a datapoint in their struggle against the USCIS. I wish you all the very best in your Green Card journey.
more...
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yabadaba
03-25 07:45 AM
nonsenseNumbersUSA.com that provides accurate processes and descriptions refuting the moronic claims of numbersusa which feeds tancredo and his creed.
i m very well versed with census data and can look at specific refutes to their claims. Also, would it help to show legal immigration levels in the developed countries.
Canada allows 1/100th (1%)of the population to come in every year as landed immigrants (skilled migrants). 300,000+ out of a total population of 30 million with no country based limitation.
here employment based migration which is the closest category as compared to Canada's legal migration process alllows 144,000 out of 300 million. (0.05%)
Australia lets in 120,000 (0.6%) migrants out of which 80,000 (0.5%) are in the skilled worker category out of a population estimate of 20 million
New Zealand lets in 34,000 (0.9%) migrants out of which 21,000 (0.5%) are in the skilled worker category out of a population estimate of 4 million
i m very well versed with census data and can look at specific refutes to their claims. Also, would it help to show legal immigration levels in the developed countries.
Canada allows 1/100th (1%)of the population to come in every year as landed immigrants (skilled migrants). 300,000+ out of a total population of 30 million with no country based limitation.
here employment based migration which is the closest category as compared to Canada's legal migration process alllows 144,000 out of 300 million. (0.05%)
Australia lets in 120,000 (0.6%) migrants out of which 80,000 (0.5%) are in the skilled worker category out of a population estimate of 20 million
New Zealand lets in 34,000 (0.9%) migrants out of which 21,000 (0.5%) are in the skilled worker category out of a population estimate of 4 million
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gapala
07-10 03:15 PM
Hi Dhundhun,
Thanks for your response.
to your question:
.. It should be OK to take job with Y (assuming that you have I-797 from Y with I-94) and then getting Visa stamped when new passport arrives.
VenuK: I wish its that simple... On I-797 from Y it doesn't have I-94 number on it anywhere. since its through consular processing.
In order to work with Y, i have to get stamped first then only pay stubbs are generated. This was the understanding, when owner of Y ,company Y Attorney and myself were in the conference call discussion.
advices are always appreciated
Pls let me know...
With Thanks,
Venu
What is the result of appeal?
Based on the information provided on above post , I believe X is paying you in view of pending appeal.
Note that there is a risk in going to other countries for stamping due to PIMS related delay. You can search for thread from people who were stuck in Canada for few months but they were Canada landers and stay in canada wasn't an issue for them.
Its safe to go to your home country and get it stamped there. You are atleast safe to stay as long as PIMS takes to validate.
Thanks for your response.
to your question:
.. It should be OK to take job with Y (assuming that you have I-797 from Y with I-94) and then getting Visa stamped when new passport arrives.
VenuK: I wish its that simple... On I-797 from Y it doesn't have I-94 number on it anywhere. since its through consular processing.
In order to work with Y, i have to get stamped first then only pay stubbs are generated. This was the understanding, when owner of Y ,company Y Attorney and myself were in the conference call discussion.
advices are always appreciated
Pls let me know...
With Thanks,
Venu
What is the result of appeal?
Based on the information provided on above post , I believe X is paying you in view of pending appeal.
Note that there is a risk in going to other countries for stamping due to PIMS related delay. You can search for thread from people who were stuck in Canada for few months but they were Canada landers and stay in canada wasn't an issue for them.
Its safe to go to your home country and get it stamped there. You are atleast safe to stay as long as PIMS takes to validate.
more...
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gcisadawg
09-25 02:45 PM
http://www.reason.com/images/07cf533ddb1d06350cf1ddb5942ef5ad.jpg
Enjoy
The slide is very informative and catchy. But the title could have been better. I thought of sending this to my colleagues at work. But the title
"What part of legal immigration don't you understand?" stopped me.
It could have been "Legal immigration 101" or something to that effect.
Enjoy
The slide is very informative and catchy. But the title could have been better. I thought of sending this to my colleagues at work. But the title
"What part of legal immigration don't you understand?" stopped me.
It could have been "Legal immigration 101" or something to that effect.
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indianabacklog
06-15 04:00 PM
You should read the filing instruction. If anything is not applicable then it should be either "None" or "N/A".
If you just leave it blank, how do they know if you forgot to fill that value or your don't have A#.
If you have an I140 approval notice this has the A# on it. Only the principal applicant has this number, all dependents will have an A# on the receipt notice for the I 485 since it is used for the fingerprint appointment. However, you are correct this is just left blank if you do not have one!
If you just leave it blank, how do they know if you forgot to fill that value or your don't have A#.
If you have an I140 approval notice this has the A# on it. Only the principal applicant has this number, all dependents will have an A# on the receipt notice for the I 485 since it is used for the fingerprint appointment. However, you are correct this is just left blank if you do not have one!
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Iamthejuggler
01-22 04:36 AM
Any chance of getting a descriptive sentence next to the entries? I don't think people will realise that they can use the mouse to rotate the camera in mine without one unless they luck into it.
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GCSOON-Ihope
08-23 10:50 AM
:) I have a pending I-485 dated May/2003, my LC PD is May/2002.. I'm EB3 world... and I was looking at my receipt notice (I-485) and the priority date box is blank. How am I sure that USCIS actually knows that my PD is May/2002 ?? Should that info appear in the proper box?? or they just know it when they entry it in the system as my LC was sent with the application? Please let me know if I should remind them or it's is just a waste of time as they already know it. Last time I called they told me that everything was ok with my file and that they were just wating for a visa number.
Thanks in advance for any help. :D
My PD is 01/2002, so you can imagine what I felt when the September bulletin was out (I am EB3 world with 485 already filed 08/2004)!
Now, I just called USCIS and they confirmed to me that indeed the Priority Date shows only on I-140, not I-485, so eveything is OK! Don't worry and be happy!
Thanks in advance for any help. :D
My PD is 01/2002, so you can imagine what I felt when the September bulletin was out (I am EB3 world with 485 already filed 08/2004)!
Now, I just called USCIS and they confirmed to me that indeed the Priority Date shows only on I-140, not I-485, so eveything is OK! Don't worry and be happy!
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sanju_dba
09-14 02:31 PM
I agree with you. On that thread people are complaining that they should not have to register to vote. How do you expect them to spend time taking out their credit card, entering the 16 digits using keyboard and hit the submit button really hard.
You are asking Desis to give $10. Forget it. They would spend $10 on Mango Lassi for themselves.
I bet that attitude changes when it comes to raffle !
besides, its 1:2000 chance ( want to make it 1:100 , its upto the model ) , i guess its far better than those lottery tickets sold.
You are asking Desis to give $10. Forget it. They would spend $10 on Mango Lassi for themselves.
I bet that attitude changes when it comes to raffle !
besides, its 1:2000 chance ( want to make it 1:100 , its upto the model ) , i guess its far better than those lottery tickets sold.
billu
08-05 08:26 PM
we live in an apartment and our landlord does not give permission to install antenna, neither do we get any dish tv (indian channel) signal due to trees around the complex. i recently heard about dish iptv where they connect a wire to your internet modem and you can watch desi channels on the tv. does anyone have this service and what has been your experience with it?they have a contract and i want to know if it really works before buying the services. thanks a lot.
DyersEve
10-21 01:28 AM
Alright......something like this?
http://teamnerd.tripod.com/random/images3.txt
http://teamnerd.tripod.com/random/images3.txt
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