Wednesday, June 8, 2011

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  • kapil_jn
    09-07 11:26 AM
    Have sent the details.

    And forwarded the mail to FL yahoo group as well.




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  • lazycis
    05-07 02:16 PM
    are you sure of this ..if yes, then how does one do that ..do you need to show you can make the salary mentioned on your own ??

    http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

    Question 8. Can an alien port to self-employment under INA �204(j)?
    Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed.
    Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues.
    Third, as with any portability case, USCIS will focus on whether the I-140 petition represented the truly intended employment at the time of the filing of both the I-140 and the I-485. This means that, as of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.




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  • dehradoon
    11-13 06:08 PM
    ok. let's say I-140 approved and pass 180 days. the person is working using ac21 and ead with a new company. the person is travelling using AP , the old company withdraw I-140, will he be able to come back in the us ?

    once the person is working for the new company can he send the offer letter to avoid problem with 485. kinda of preemption - proactive approach or does the person needs to wait until ins request?

    Dude, you really need to use the search feature on this forum. after I140 is approved and 485 pending for 180 days, the I140 stays in effect even if the company tried to revoke it.

    Once you invoke AC21, it is not required (although suggested) to send papers to USCIS. I have read that you should not do anything until you get an RFE which I think is the best way, This makes sure that your case is being properly handled if you are unlucky enough to get an RFE. Y would anyone what to raise a flag by sending in paperwork to USCIS indicating the use of AC21, I personally know atleast 15 friends who have done this with out telling USCIS and have received their GC's

    So, The bottom line is if -
    I140 approved and 485 pending for more than 180.

    START LIVING YOUR DREAM, DO WHAT YOU WANT TO DO. CHANGE YOUR JOB, GET A RAISE, OPEN A COMPANY, BUY A HOUSE .... WHATEVER, DON'T GET MARRIED - SHOULD HAVE DONE THAT WHILE YOU WERE ON H1

    THE AC21 IS A LAW - USE IT, YOU DO NOT HAVE TO TELL ANYONE ABOUT USING A LAW UNLESS YOU HAVE TO JUSTIFY YOUR SITUATION IN FRONT OF AN AGENCY THAT REQUIRES YOU BY LAW TO PROVE IT.

    OH! AND AS FAR AS TRAVEL IS CONCERNED, JUST HAVE THE DOCS IN HAND AND NOTHING ELSE MATTERS (don't commit a crime though, or be drunk in front of the immigration officer). LOL




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  • sajidmd
    02-19 10:47 AM
    I am also getting into similar situation..

    Salary is jumping by > 50%

    Role is changing from Programmer Analyst to Manager... Will this have any impact ?



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  • gapala
    07-09 12:33 PM
    is'nt an Advanced parol document a re-entry permit ???

    USCIS has different meening for Re-entry permit and Advance parole. Infact the eligibility criteria is different for both. Look at I-131 Instructions. Its very clearly specified there.

    Hope this helps.


    1. Re-entry Permit - A reentry permit allows a permanent resident or conditional resident to apply for admission to the United States upon returning from abroad during the permit's validity, without having to obtain a returning resident visa from a U.S. Embassy or consulate

    2. Refugee Travel Document - A refugee travel document is issued to a person classified as a refugee or asylee, or to a permanent resident who obtained such status as a result of being a refugee or asylee in the United States. Persons who hold aslyee or refugee status, and are not permanent residents, must have a refugee travel document to return to the United States after temporary travel abroad.


    3. Advance Parole Document - An advance parole document is issued solely to authorize the temporary parole of a person into the United States.

    The document may be accepted by a transportation company in lieu of a visa as an authorization for the holder to travel to the United States. An advance parole document is not issued to serve in place of any required passport.
    Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States for a temporary period of time due to a compelling emergency. Advance parole cannot be used to circumvent the normal visa issuing procedures and is not a means to bypass delays in visa issuance.
    NOTE: If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in A and B are met:

    B. A Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf and is pending with USCIS.
    However, upon returning to the United States, you must present your valid H, L, K, or V nonimmigrant visa and continue to remain eligible for that status.




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  • diptam
    08-13 10:56 AM
    Given the Current receipting situation at NSC this sounds like a Dream story and definitely an exception. By the way - whoever got this and enjoying FIFO i would want to Congratulate him/her - I'm very happy for that chap.

    But just few stray good cases can't make me say that CIS following FIFO :D

    Congratulations but I was wondering if you are more an exception then a rule...:confused:



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  • kevnss
    03-20 11:50 AM
    Hi,
    I believe if I-140 approved and was approved 120 days ago then employer cannot withdraw the application otherwise employer can always withdraw it but as most of them said it is not mandatory. Regarding H1 I believe old employer cannot do any thing once your H1 transferred over to the new employer but new employer has to get the receipt number before it gets skrewed.




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  • invincibleasian
    01-31 12:28 PM
    guys please quit all this begging. If yu guys need help do your research or contact an immigration attorney!



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  • kumar1
    12-08 12:16 PM
    Do not come to software if you do not have a interest in it. This field has its own set of stress and problems. I know people who moved from manufacturing to software because of (a.) good money and (b) chance to see USA/Europe. They are the most frustrated guys around. After 2-3 rounds of lay off, they want to go back to their old job but after 5-6 years, they are not fit for their old job either.

    Last but not the least, I can not imagine someone making 200k and coming to forum with these set of questions.




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  • guesswho
    06-11 03:09 PM
    Sunny1000,

    Please be careful before replying. If you do not know, don't answer.

    I have seen numerous posts that say, you can get a 3 yrs H-1 based on your previous company's I-140. (of course, it should not have been revoked). This is based on peoples experience. So don't confuse other people if you are not sure.


    You cannot port your I-140 to the new company. So, your H1B will also get affected as it extn is based on the underlying I-140. The only way you can accomplish moving to company B is by filing for I-485 while still at Company A (if your dates are current), wait for 6 months and then, use the AC21 provision.

    This is just my view. There might be better ways but, that is the only one I can think right now.



    more...

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  • alterego
    10-19 08:15 PM
    Buy only if you have a time horizon of over 5 yrs now. Preferably 10 yrs.

    If you are in the enviable position of having a lot of cash or a big income ie cash flow. Then buy in steps every few months over the next 12-18 months, depending on when you see the recovery coming. Generally stocks predate the economy by 6 months and vice versa.

    Here is my guess. This recession will be deeper and longer than other recent ones. I'm thinking recovery by 2010 at best here. So, I'm guessing the stocks markets will languish here or hereabouts for atleast a few months. If the credit markets improve, you might see a relief rally of 20% or so, but when the economic reality of deleveraging sets in, a pull back is likely. So much of 2009 will likely be ripe with long term investment opportunities.

    The recovery will be more anemic than previous credit driven expansions as credit will almost certainly be more difficult to obtain going forward. So forget the days of 20 plus percent stocks gains, if you're making 10% you are making a killing going forward. If doubling or slightly better for your money in 10 yrs sounds like a good deal to you, that is the kind of deal you can probably expect and should go ahead and invest. If you feel you can do better elsewhere, buy that. We will see virtually no home price appreciation for the next 5 yrs, and perhaps a little longer. The concept of real estate as an investment is now out of vogue and will be so for some time, that along with tougher credit, and an inventory overhang will flatten any price appreciation anytime soon.

    Taxes will almost certainly go up in some way or the other and future earnings power will probably erode in the coming decade. From the immigrant community perspective the best we can hope for is that the US decides to use the tax code to encourage savings by switching to a consumption tax and encourage savings and investments. It remains to be seen what approach they will take to taxes. In my view to purely tax the rich will not be as successful (though it will almost certainly be part of the mix of measures) as a more comprehensive and thoughtful overhaul.

    Good luck!




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  • arjun007
    02-07 10:17 PM
    No .. I did not submit my i-94 while leaving for Canada...



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  • vallabhu
    11-13 04:16 PM
    Hi Guys,


    I verified my 485 Application status online and this is what I found can you guys tel what could this mean.

    My I140 is not approved yet.

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Document mailed to applicant.




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  • radhagd
    03-26 11:18 AM
    Thanks guys... I believe my experiences are "progressive" (whatever that means) in a sense that during 5 years of work I progressed accordignly and to the level that the job description / ad for my position would require BS plus 5 years of experience.

    What I don't get and was not quite sure about was the fact that 2 of those 5 years were during college. 5 years of experience is 5 years - I don't get why they would not like it. It is normal for people to work full time and go to college full time. When you get hired, if you have 5 years of full time experience, the prospective employer could not care less that 2 years of that were gained during last 2 years of college.

    Dunno ... with USCIS and their rules ...

    I asked my lawyer (duahhaaaa) and he said it's ok ... but I don't trust him.

    M.

    You should have 5 years experience after your Bachelor degree. Experience before degree will not be counted towards progressive experience. It happened in my case in Eb2 I140



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  • ARUNRAMANATHAN
    06-12 07:24 AM
    immigration1111

    Please confirm this .... couple of things USCIS grants for professional with this situvation

    1) He can file a petition saying that his skill sets are still needed here and are in demand and request to grant him X no of months of stay (I belive that it is 3 Months )

    2) Even if he is out of status for less 180 Days it is ignored by USCIS during the process of GC9I know this not relavant to your question, but just in case if you are not aware

    3) USCIS looks for just the pervious month pay slip .... Say he is OO job June 1st week .... He can file for the H1B Transfer untill end of July ....

    Ofcourse he would be safe if the pervious H1B is not canceled .... As he reigned he should be in OK terms with his employee

    Hope this helps and Good Luck to him !

    Arun




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  • 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.



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  • checklaw
    07-13 10:44 AM
    My EAD and AP were receipted on June 9th from TSC. AP got approved, EAD still pending. So I guess these approvals are random.

    Hi Chandu,
    A quick question. Did you file AP for some anticipated travel purposes or lawyer's recommendation to simply keep extending AP also? Asking since am a 485 and EAD self filer and am looking at any recommended requirements.
    BR
    checklaw




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  • gc_chahiye
    07-20 06:18 PM
    My PD is Nov 2004, I got 140 approved. Im not filing 485 now as im unmarried.
    Any ideas when can be the date current again(for my PD atleast)?

    EB2 or EB3? If EB2 then based on data someone posted here earlier, there is a good chance of you becoming current in the next 12-18 months.




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  • gparr
    March 15th, 2004, 11:10 AM
    Steven brings up a good point about those camera phones. I fear them to a degree. Someone told me recently that they had read/heard advice that when you're using a credit card at a store make sure you keep the numbers covered up. Apparently, people with camera phones have been known to take a picture of your card to get the numbers and expiration date.
    Gary




    bigboy007
    02-18 12:14 AM
    Chandu just mentioned that some means of contacting him is made. But he is very pivotal for this . As hez Obama campaign chairman , Senate No. 2 Ranking Democrat. His support or non-support is very crucial to support or not supporting any legislation now and if Obama comes in to picture obviously he will have better hold. We need to get our message strong , hard in a best smooth way possible.

    Also he is against H1b Mis-use. Now does he understand PPL like us in Middle of Nowhere.




    Radhika
    07-09 01:12 PM
    upgraded on June25 to PP got status changed on 30th. Received approval notice by attorney on July 6th



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