kondur_007
07-21 08:59 PM
Your Lawyer is correct:
As you left your employer in less than 180days from filing 485, you can not invoke AC21.
The only way for you to save this GC is to have intention (both, you and your employer) to have permanent job after GC and you and your employer should be able to confirm that in the event of an RFE.
Furthermore, if there is no RFE and your employer does note revoke I 140; and your GC get approved; you will have to start working with your employer (duration of such employment is never clarified in law; search the forum for details). If you dont do so, you may have trouble later on (CIS can revoke GC or you can be denied citizenship with revocation of GC several years later...).
Therefore, it may be a good idea to start another GC ASAP (if your current employer really does not want to hire you once GC is approved) and have another status as a backup to fall on to just in case your employer revokes I 140 (which he ideally should if he is not intending to hire you after the GC is approved).
Good Luck.
As you left your employer in less than 180days from filing 485, you can not invoke AC21.
The only way for you to save this GC is to have intention (both, you and your employer) to have permanent job after GC and you and your employer should be able to confirm that in the event of an RFE.
Furthermore, if there is no RFE and your employer does note revoke I 140; and your GC get approved; you will have to start working with your employer (duration of such employment is never clarified in law; search the forum for details). If you dont do so, you may have trouble later on (CIS can revoke GC or you can be denied citizenship with revocation of GC several years later...).
Therefore, it may be a good idea to start another GC ASAP (if your current employer really does not want to hire you once GC is approved) and have another status as a backup to fall on to just in case your employer revokes I 140 (which he ideally should if he is not intending to hire you after the GC is approved).
Good Luck.
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centrum
06-05 03:09 AM
I'm not sure if this is the right place to post this thread but I could not find anywhere else to post it on this website.
I filed for my initial H-1B document and the H-1B adjustment document (from full time to part time) with an immigration lawyer last year. The two processes went relatively smooth. Thinking that this lawyer was someone I could trust, I also started the PERM process with her and had my company pay half of the PERM lawyer fee up front and signed whatever paper that I was required to sign.
After she was paid, I noticed that her replies to my emails were slower and some were even neglected. I'm extremely frustrated with her change of behavior as the immigration process is really important to me as it is to every immigrant. I tried emailing her again about 3 days ago with some questions, and she neglected it again. I tried to be as understanding as possible, but I personally think this is ridiculous and I'm getting very upset. She is the only person that works at the office and she has no paralegals or office staff. So I always have to talk to her directly for everything.
Today, I actually emailed her with another email account pretending I'm someone else interested in the H-1B process, and I received a reply from her within 40 minutes. So I know she's neglecting my emails on purpose. I'm not sure if she just doesn't take care of her "paid" clients or she just has something personal against me for whatever reason. (I was always respectful to her in every way so I don't believe it's something I did)
Since I signed the paper which states that I have to pay for a large termination fee if I were to request termination of contract for whatever reason, I can't just hire a new lawyer either. What would be a good approach to resolve this situation? I thought about talking to her directly face-to-face and let her know how upset I'm about her change of behavior (which she may charge me for her time) but I don't want her to screw with my immigration documents at the same time.
I filed for my initial H-1B document and the H-1B adjustment document (from full time to part time) with an immigration lawyer last year. The two processes went relatively smooth. Thinking that this lawyer was someone I could trust, I also started the PERM process with her and had my company pay half of the PERM lawyer fee up front and signed whatever paper that I was required to sign.
After she was paid, I noticed that her replies to my emails were slower and some were even neglected. I'm extremely frustrated with her change of behavior as the immigration process is really important to me as it is to every immigrant. I tried emailing her again about 3 days ago with some questions, and she neglected it again. I tried to be as understanding as possible, but I personally think this is ridiculous and I'm getting very upset. She is the only person that works at the office and she has no paralegals or office staff. So I always have to talk to her directly for everything.
Today, I actually emailed her with another email account pretending I'm someone else interested in the H-1B process, and I received a reply from her within 40 minutes. So I know she's neglecting my emails on purpose. I'm not sure if she just doesn't take care of her "paid" clients or she just has something personal against me for whatever reason. (I was always respectful to her in every way so I don't believe it's something I did)
Since I signed the paper which states that I have to pay for a large termination fee if I were to request termination of contract for whatever reason, I can't just hire a new lawyer either. What would be a good approach to resolve this situation? I thought about talking to her directly face-to-face and let her know how upset I'm about her change of behavior (which she may charge me for her time) but I don't want her to screw with my immigration documents at the same time.
crystal
10-06 01:03 PM
--
c. Once OPT EAD expires would the switch to AOS EAD be automatic or Is there a process to switch to AOS EAD?
>>You need to fill new I-9 form
If any one has info, please share.
c. Once OPT EAD expires would the switch to AOS EAD be automatic or Is there a process to switch to AOS EAD?
>>You need to fill new I-9 form
If any one has info, please share.
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webm
11-18 06:03 PM
180 days to invoke AC-21 is counted from the day 485 is recieved.Correct ?
Correct...
Correct...
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karn.anand
11-04 01:06 AM
there is one more button i have posted that is not listed..
http://www.kirupa.com/forum/showthread.php?t=338103
http://www.kirupa.com/forum/showthread.php?t=338103
drak70
04-09 05:27 PM
This one was posted originally at http://immigrationvoice.org/forum/archive/index.php/t-20450.html. Just replace USVI with Hawaii.
My friends took a vacation is US VI and they have full inspections there.YOu better have your documents with you in person
http://www.usvi.net/us-ins/html/2travel_back_....html
Traveling Back to Puerto Rico and the Continental United States
Due to the location of the territory, the United States Virgin Islands has a pre-clearance inspection process for all flights from the territory to destinations in Puerto Rico or the Continental United States.
.
My friends took a vacation is US VI and they have full inspections there.YOu better have your documents with you in person
http://www.usvi.net/us-ins/html/2travel_back_....html
Traveling Back to Puerto Rico and the Continental United States
Due to the location of the territory, the United States Virgin Islands has a pre-clearance inspection process for all flights from the territory to destinations in Puerto Rico or the Continental United States.
.
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p1234
10-05 11:44 PM
Congrats!
Just a small glitch in your case.. when USCIS approves a case it automatically rejects any other pending application for 485.. infact it is a prerequisite for the AO to check this before the application can be approved. Surprised that in your case it did not happen.
BTW you did mention that your dependents got approved on your EB2 application and your got on EB1.. seems like USCIS went out of the way to accommodate and change the process in your case...well seems like you might end up getting naturalized in another month of so.. Lucky you...
after he gets naturalized, he will withdraw his gc and donate the proceeds to IV:D
Just a small glitch in your case.. when USCIS approves a case it automatically rejects any other pending application for 485.. infact it is a prerequisite for the AO to check this before the application can be approved. Surprised that in your case it did not happen.
BTW you did mention that your dependents got approved on your EB2 application and your got on EB1.. seems like USCIS went out of the way to accommodate and change the process in your case...well seems like you might end up getting naturalized in another month of so.. Lucky you...
after he gets naturalized, he will withdraw his gc and donate the proceeds to IV:D
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mmanurker
06-25 01:27 PM
SSSarkar and Morpis,
My wife's passport is also expiring in Oct'07 so I spoke to my company's attorney and he said its not a problem and advised me that we will go ahead and file our (me and my wife's) 485. I am planning to apply for the renewal of my wife's passport sometime in July or Aug'07
My wife's passport is also expiring in Oct'07 so I spoke to my company's attorney and he said its not a problem and advised me that we will go ahead and file our (me and my wife's) 485. I am planning to apply for the renewal of my wife's passport sometime in July or Aug'07
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sam_austin77
12-30 09:30 PM
Thanks a lot. This helps me.
Now for this EAD, should I go thru an attorney or do it myself by the USCIS website.
you need to use EAD since you were on L1 and that cant be transferred to your new employer.
Other than that you need:
- I-140 to be approved*
- 180 dyas to pass from your I-485 receipt date.
*strictly speaking if I-140 was "approvable" at that 180 day mark, you are all set, but its safest to wait for it to be approved.
Now for this EAD, should I go thru an attorney or do it myself by the USCIS website.
you need to use EAD since you were on L1 and that cant be transferred to your new employer.
Other than that you need:
- I-140 to be approved*
- 180 dyas to pass from your I-485 receipt date.
*strictly speaking if I-140 was "approvable" at that 180 day mark, you are all set, but its safest to wait for it to be approved.
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Antonio Trivelin
June 16th, 2006, 08:09 PM
They look good to me Antonio. I wish I could get results like this with my 50mm 1.8, but then I've only tried on bands in small clubs, you had a few more stage lights to work with it looks like to me.
Nik, tks a lot for comments too !!!
This show was in a big place, look:
http://img147.imageshack.us/img147/256/showbarao0jw.jpg (http://imageshack.us)
This is not my photo, but i was there in that place where i write in red the most part of the time of the show.
I think there was 62.000 people there !!!!
More details here: http://www.paomusic.com.br/2005/default_noticias_interna.asp?idNoticia=5819&cod_area=2
To see the photos click at the right where is write GALERIA and choose - "Bar�o Vermelho e convidados - Piracicaba-SP". This is the oficial site and the photos there is not mine.
Best regards my friend,
Antonio
Nik, tks a lot for comments too !!!
This show was in a big place, look:
http://img147.imageshack.us/img147/256/showbarao0jw.jpg (http://imageshack.us)
This is not my photo, but i was there in that place where i write in red the most part of the time of the show.
I think there was 62.000 people there !!!!
More details here: http://www.paomusic.com.br/2005/default_noticias_interna.asp?idNoticia=5819&cod_area=2
To see the photos click at the right where is write GALERIA and choose - "Bar�o Vermelho e convidados - Piracicaba-SP". This is the oficial site and the photos there is not mine.
Best regards my friend,
Antonio
more...
justin150377
07-01 06:14 PM
Can you reveal the userid in the reults .....i would like to see who ever voted to support infact have their profiles updated::rolleyes:
I can't find the option to do this even though I created the thread, if a moderator reads this please allow users to view the users voting in the poll. You bring up a good point, if there is transparency in the law suit there might as well be transparency now.
I can't find the option to do this even though I created the thread, if a moderator reads this please allow users to view the users voting in the poll. You bring up a good point, if there is transparency in the law suit there might as well be transparency now.
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Steven-T
February 23rd, 2004, 07:48 AM
That's why I only buy from B&H when there is no otehr choice.
Not this case, not yet.
Not this case, not yet.
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sri1234
02-11 04:14 PM
As far as i know medicals are valid for 2 1/2 years.
Answer to your next question is, there could be many possibilities.
1. USCIS might have lost your original 693
2. There could be something which is not clear in the original 693 etc
Don't worry much. Just give them what they asked.
Its good that they opened your file.
I second krishna_brc
Answer to your next question is, there could be many possibilities.
1. USCIS might have lost your original 693
2. There could be something which is not clear in the original 693 etc
Don't worry much. Just give them what they asked.
Its good that they opened your file.
I second krishna_brc
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senthil1
07-02 09:46 AM
I heard Changes must be made in I140 to do Consular processing from I485
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stillhowlong
01-17 01:08 PM
1. Yes you can certainly do that too.
2. If your PD would be current by the EB2 PD port, yes you can file I-485 along with the amendment request.
Rajenk,
You mean to say even the priority date is not transfered from eb3 to eb2 I140 and if the priority date is current ( for example, eb3 date was March 2005 and eb2 date was 2008, and now the eb2 date is current as it passed eb3 March 2005 ).
A) In the above situation, can some one do the interfile?
B) Is that possible to port the date from eb3 I140 to eb2 I140 if the eb3 was approved using substitute labor?
Thanks
SHL
2. If your PD would be current by the EB2 PD port, yes you can file I-485 along with the amendment request.
Rajenk,
You mean to say even the priority date is not transfered from eb3 to eb2 I140 and if the priority date is current ( for example, eb3 date was March 2005 and eb2 date was 2008, and now the eb2 date is current as it passed eb3 March 2005 ).
A) In the above situation, can some one do the interfile?
B) Is that possible to port the date from eb3 I140 to eb2 I140 if the eb3 was approved using substitute labor?
Thanks
SHL
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pvganesh
10-23 09:47 PM
Hi,
We are filing I-140 in EB2 category in this month; I came to know from this forum that one should include 2 affidavits from past colleagues or managers with job duties if experience letters can't be obtained with job duties.
I have two questions with regard to Experience letters -
(i) My previous employer (worked in 2003 in India) is no longer in existence, and i could only get one affidavit from the client manager. I don't know now any other colleague from the company, so I�m not sure what can be done in these cases. Please advise...
(ii) I have obtained two affidavits, one from a manager and other from colleague for a previous company that i worked in 2009 in US. But the job duties they agreed to sign is not 100% equal to job duties included in PERM application for that previous experience. What i meant by difference is, wording may be slightly different or of the 6 to 7 job duties, one or two may be different. This happened because my manager advised that he could only include job duties of system analyst (per H1B petition) but my actual job duties are particular to a technology.
I'm not sure if there should be 100% match between experience letter/affidavit job duties and job duties included in PERM application for previous experiences. Please advise..
I think my thread is very long, but i feel this will help all of us to understand the legal requirement and help us avoiding any RFEs or denials in I-140.
Thanks and Regards,
PVGanesh
We are filing I-140 in EB2 category in this month; I came to know from this forum that one should include 2 affidavits from past colleagues or managers with job duties if experience letters can't be obtained with job duties.
I have two questions with regard to Experience letters -
(i) My previous employer (worked in 2003 in India) is no longer in existence, and i could only get one affidavit from the client manager. I don't know now any other colleague from the company, so I�m not sure what can be done in these cases. Please advise...
(ii) I have obtained two affidavits, one from a manager and other from colleague for a previous company that i worked in 2009 in US. But the job duties they agreed to sign is not 100% equal to job duties included in PERM application for that previous experience. What i meant by difference is, wording may be slightly different or of the 6 to 7 job duties, one or two may be different. This happened because my manager advised that he could only include job duties of system analyst (per H1B petition) but my actual job duties are particular to a technology.
I'm not sure if there should be 100% match between experience letter/affidavit job duties and job duties included in PERM application for previous experiences. Please advise..
I think my thread is very long, but i feel this will help all of us to understand the legal requirement and help us avoiding any RFEs or denials in I-140.
Thanks and Regards,
PVGanesh
more...
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jetr
08-27 01:22 PM
>> My qn is what if company A cancels my 140?
3 year H1 extension may be denied.
>> If I get my 3yr H1 extn approved (before 140 cancellation) will my status be valid?
Yes.
____________________
Not a legal advise.
Thanks desi3933.
My followup qn to this is ..
If I get my 3yr H1 extn approved (before 140 cancellation) with company B and company A revokes my approved 140, is it possible to transfer my priority date(of the approved 140 ..which is now revoked by company A) to my new 140 filed by company B?
Thanks
3 year H1 extension may be denied.
>> If I get my 3yr H1 extn approved (before 140 cancellation) will my status be valid?
Yes.
____________________
Not a legal advise.
Thanks desi3933.
My followup qn to this is ..
If I get my 3yr H1 extn approved (before 140 cancellation) with company B and company A revokes my approved 140, is it possible to transfer my priority date(of the approved 140 ..which is now revoked by company A) to my new 140 filed by company B?
Thanks
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Dhundhun
06-08 01:36 PM
Dhundhun,
Thank you for your earlier help. I have one more question. My I485 with approved I140 EB2 catagory PD June 2006 is pending and God knows for how many days. My job as Mechanical Engineer is stable and employer is willing to help me. I have a PhD in Engineering with about 30 years experience in industry and teaching. However, because of industry work I do not have many publications. I am a Fellow of IEI and a recognised PhD guide in Indian University, can get good recommendations too. Can I try for EB1 in some catagory?
Thanks again
This site gives broad description of EB1 and its classification:
http://www.visaus.us/pages/greencard-EB1.htm
This is speciality area for lawyers: Can they put in EB-1(b) catagory, which is dependant on research/publication or EB-1(c) if on very senior management?
I think enough publications are required for EB-1(b), my couple of my friends with PhD could not get enough evidence to be placed in EB-1(b).
Thank you for your earlier help. I have one more question. My I485 with approved I140 EB2 catagory PD June 2006 is pending and God knows for how many days. My job as Mechanical Engineer is stable and employer is willing to help me. I have a PhD in Engineering with about 30 years experience in industry and teaching. However, because of industry work I do not have many publications. I am a Fellow of IEI and a recognised PhD guide in Indian University, can get good recommendations too. Can I try for EB1 in some catagory?
Thanks again
This site gives broad description of EB1 and its classification:
http://www.visaus.us/pages/greencard-EB1.htm
This is speciality area for lawyers: Can they put in EB-1(b) catagory, which is dependant on research/publication or EB-1(c) if on very senior management?
I think enough publications are required for EB-1(b), my couple of my friends with PhD could not get enough evidence to be placed in EB-1(b).
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Tantra
07-12 05:39 PM
^^^
chanduv23
11-20 12:19 PM
Bump
villamonte6100
10-15 10:03 AM
Why would anybody ask for visa to issue a driver's license? How is one's driving privilege dependent upon visa? No one has ever asked me or my wife or my friends for a visa to issue a driver's license. Is this some law specific to some states?
When did you renew your DL?
Homeland Security is getting tough these days and DMV will ask for your H1 or H4 visa or EAD.
In other words, they check for your immigration status.
There is even a "SAVE" program on other states which makes it difficult to renew. The SAVE program first verifies your immigration status with USCIS, and after being cleared, then DMV could renew your DL,
When did you renew your DL?
Homeland Security is getting tough these days and DMV will ask for your H1 or H4 visa or EAD.
In other words, they check for your immigration status.
There is even a "SAVE" program on other states which makes it difficult to renew. The SAVE program first verifies your immigration status with USCIS, and after being cleared, then DMV could renew your DL,
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