AreWeThereYet
08-09 04:32 PM
From what I know, it is not mandatory to file AC-21 but if you think your previous employer who filed for your I-140 can create problems for you, it's safe to file AC-21. Although, your previous employer can not withdraw your I-140 by law, some employees attempt to withdraw/cancel I-140. Sometimes, USCIS behaves in an un-expected manner and they might issues a NOID on your 485. If that happens, you will have to appoint an attorney who fights for you to repeal USCIS decision. You will win in the end, but you will go through some unwanted stress and will loose some money to the attorneys. In such cases, if you have filed for AC-21, it acts as another strong point to your fight against a erroneous decision from UCSIS.
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roseball
10-19 10:50 AM
A startup in the area filed for my PERM and it was approved in June 2010. Right now, they are in a mess about their tax returns and reauditing with their CPA and it seems that they will not be able to provide tax statements for this year end.
That will cause the PERM to expire without filing I140 since PERM expires in Dec. Is there anyway for us to file extension for the PERM ? More than 180 days...
I think they should still be able to file your I-140 in regular processing by not including the latest tax papers (include previous years). Since it takes a few months to process I-140 under regular filing, they will likely issue an RFE asking for tax documents. Hopefully, by then they are done with their audit and would be able to reply to the RFE with tax documents or provide explanation on why they cannot provide the requested documents but they can provide any other document that proves their ability to pay. That way, you won't lose your approved PERM.
That will cause the PERM to expire without filing I140 since PERM expires in Dec. Is there anyway for us to file extension for the PERM ? More than 180 days...
I think they should still be able to file your I-140 in regular processing by not including the latest tax papers (include previous years). Since it takes a few months to process I-140 under regular filing, they will likely issue an RFE asking for tax documents. Hopefully, by then they are done with their audit and would be able to reply to the RFE with tax documents or provide explanation on why they cannot provide the requested documents but they can provide any other document that proves their ability to pay. That way, you won't lose your approved PERM.
TomPlate
07-10 01:22 PM
My company want to be neutral. They don't want me to join in the plaintiff. Best would be AILA talking to the company and asking their help.
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JazzByTheBay
11-28 11:47 AM
I visited the country first ~8 yrs ago as a visitor. I got a job offer from a desi company and they filed for my H1. I was never informed about status of the H1 petition. I was informed I am in status and it was OK to stay longer than the time allowed by my I-94 (in a visitor status).
In the process, I ended up staying about 10 days longer, but then I returned to India, and came back after a couple of months, again as a visitor.
Now I'm on a H1B (8th year) with I-140 approved, but haven't traveled at all, and would like to get a visa issued/stamped in my passport.
I have since lost touch with that employer and they don't seem to be in business any more, nor can the owner be contacted.
I recently learnt from someone that the petition was in fact approved.
I called USCIS, and I was told the employer who filed the petition can file a form (I-824?) to get a duplicate copy, but they need to attach a copy of the original as proof!! *Or I can file a request under Freedom of Information Act*, they're not sure how long that'll take to get processed.
Questions:
1) Will the overstay become a problem? I do not have any documentation of the filing/status/approval of the H1 petition filed at that time.
2) How else can I get a copy of the Approval Notice to prove I wasn't out of status during the less than 2 weeks of overstay about 8 years ago?
3) Will this become a problem with my I-485 (whenever that will be filed with a PD of early 2006)?
Thanks,
Jazz
In the process, I ended up staying about 10 days longer, but then I returned to India, and came back after a couple of months, again as a visitor.
Now I'm on a H1B (8th year) with I-140 approved, but haven't traveled at all, and would like to get a visa issued/stamped in my passport.
I have since lost touch with that employer and they don't seem to be in business any more, nor can the owner be contacted.
I recently learnt from someone that the petition was in fact approved.
I called USCIS, and I was told the employer who filed the petition can file a form (I-824?) to get a duplicate copy, but they need to attach a copy of the original as proof!! *Or I can file a request under Freedom of Information Act*, they're not sure how long that'll take to get processed.
Questions:
1) Will the overstay become a problem? I do not have any documentation of the filing/status/approval of the H1 petition filed at that time.
2) How else can I get a copy of the Approval Notice to prove I wasn't out of status during the less than 2 weeks of overstay about 8 years ago?
3) Will this become a problem with my I-485 (whenever that will be filed with a PD of early 2006)?
Thanks,
Jazz
more...
kshitijnt
06-03 05:32 PM
WHITE LIES! Atleast they should feel some shame defending lies
foobar2001
02-11 02:44 AM
thanks for the quick response. thats what i thought too -- seeing a tax consultant makes sense...
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hopefulgc
09-02 09:04 PM
Philipino brothers .. we are waiting... Lets go places!!
[QUOTE]
Busy filing the N-400s through the marriage route.
[\QUOTE]
[QUOTE]
Busy filing the N-400s through the marriage route.
[\QUOTE]
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siaa96
09-09 06:06 PM
Nobody other than the USCIS will know, so if you get any any replies, do not believe them.
If you have waited like me for 6 years to get your Labor Certified, then be prepared to wait another 6 years for 140, even if your PD is current and watch others who filed 5 years after you get their GCs.
I urge IV to raise one issue at the DC Rally. Please please ask Mr. Chertoff to do away with this farce called "Priority Date". It is an useless concept and should be done away with immediately. Everyone knows that the GC process is totally random, so why have something known as a "Priority Date" when it is anything but a Priority Date.
If you have waited like me for 6 years to get your Labor Certified, then be prepared to wait another 6 years for 140, even if your PD is current and watch others who filed 5 years after you get their GCs.
I urge IV to raise one issue at the DC Rally. Please please ask Mr. Chertoff to do away with this farce called "Priority Date". It is an useless concept and should be done away with immediately. Everyone knows that the GC process is totally random, so why have something known as a "Priority Date" when it is anything but a Priority Date.
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Becks
01-05 03:49 PM
You can go to any industry financial, insurance, pharma etc but your job and duties should be similar to your current one. If your current position is *mathematician* and your new job says "consultant" it will catch the officer's attension easily. But from other threads in understood that your job description should be similar to your current ones. Please go thru some IV threads.
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RadioactveChimp
04-09 03:12 AM
it needs a magnifying glass with a distorted view :)
btw DJN, I like a respect you already lol kudos to you
btw DJN, I like a respect you already lol kudos to you
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weasel026
04-20 10:23 PM
i think you'll nee to use the extrusion manager it will take a whil to perfect but i think thats the only way you can do it
~flash weasel
~flash weasel
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saileshdude
10-16 01:10 PM
I was in a similar situation as you and had to use this firm. H1B filing experience was fine but the entire GC process and filing was not a good experience at all. There were days I had to call the paralegal and teach him the new immigration laws and that's never a good sign ! Because of their mistake I was stuck in Eb3 rather being in Eb2. May be they will deal differently with your case but have a chat with them and your company managers before you agree to use them. I m with another company and another attorney firm and they are awesome !
Anyway, pm me if you need more info. Good luck,
Just sent you a PM
Anyway, pm me if you need more info. Good luck,
Just sent you a PM
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up_guy
02-21 10:57 AM
ARUBEN
Thanks for participation in this forum. I think if US consulate denies visa in Canada then if one has AP (EAD and pending Adjustment of status) then she/he can come back to US without home country. Is that right?
I just wanted to validate my understanding.
Regards
Thanks for participation in this forum. I think if US consulate denies visa in Canada then if one has AP (EAD and pending Adjustment of status) then she/he can come back to US without home country. Is that right?
I just wanted to validate my understanding.
Regards
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RadioactveChimp
04-16 01:20 AM
i'm sorry but what is up with people just making stamps of applications? explain to me why....
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sac-r-ten
04-01 10:00 AM
Personal experience
This was in 2006.
H1b applied on Feb-2-2006 with old passport expiry date Oct-14-2006
H1b approved on May-9 dates May-9-2006 to Jan-31-2009
I applied for passport renewal sometime in March-2006
New passport sent by Washington DC with date Apr-25-2006 to Apr-24-2016.
So i had no issues getting h1b approval with passport expiring in few months.
i don't know if your attorney is right/wrong, but sharing my personal experience here.
thank you and good luck buddy.
This was in 2006.
H1b applied on Feb-2-2006 with old passport expiry date Oct-14-2006
H1b approved on May-9 dates May-9-2006 to Jan-31-2009
I applied for passport renewal sometime in March-2006
New passport sent by Washington DC with date Apr-25-2006 to Apr-24-2016.
So i had no issues getting h1b approval with passport expiring in few months.
i don't know if your attorney is right/wrong, but sharing my personal experience here.
thank you and good luck buddy.
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shana04
01-30 07:06 AM
I currently have approved EAD, I-140 and waiting for a Visa number to become available. My receipt date for I-485 was July 2nd 2007 and my notice date was September 27th. My employer is closing the IT department in March. Though it has been 180 days since my receipt date, it's not 180 days since my notice date. Will my I-485 processing be impacted when a Visa number becomes available? Also, will it be Ok if I'm out of a job for a short time while I'm looking for my next job? I sincerely appreciate the help and guidance in this matter.
Thanks
it's not 180 days since my notice date. Will my I-485 processing be impacted when a Visa number becomes available?
No
will it be Ok if I'm out of a job for a short time while I'm looking for my next job?
.
If you are planning to use EAD no problem, but if you are planning to use AC21 with H1B then you need to maintain valid status as specified in your H1B. i.e., if you can mainting the salary specified in your offer letter and if that matches your W2 for the year, then you are ok.
These are my thoughts.
Good luck my friend and I am in process of doing my H1B using AC21
Thanks
it's not 180 days since my notice date. Will my I-485 processing be impacted when a Visa number becomes available?
No
will it be Ok if I'm out of a job for a short time while I'm looking for my next job?
.
If you are planning to use EAD no problem, but if you are planning to use AC21 with H1B then you need to maintain valid status as specified in your H1B. i.e., if you can mainting the salary specified in your offer letter and if that matches your W2 for the year, then you are ok.
These are my thoughts.
Good luck my friend and I am in process of doing my H1B using AC21
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sheela
08-11 01:02 PM
Are you 16 or under? Were you applying with your parents? oh, i signed for my daughter aged 16
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rockyrock
08-03 10:00 AM
I was wondering will we get the I-485 Receipt notice directly or Lawyer or both?
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obviously
06-29 12:36 PM
What does this topic have to do with the interests of this community? It would be helpful to stay focussed and on point, failing which folks might stop coming here due to the level of noise and distraction in the forums.
Admins - please consider.
Thanks, O
P.S. Choose to flame me in response, it will be duly and dutifuly ignored :)
Admins - please consider.
Thanks, O
P.S. Choose to flame me in response, it will be duly and dutifuly ignored :)
MYGC2008
02-25 02:57 PM
Transit Visa is Not Required in Frankfurt. Infact I had renewed passport with all pages blank. At the transit one officer asked me On what Visa are you travelling to US?
I said I have Advance Parole.That's all. The Officers are nice and friendly. They know it.
Infact I visited German Consulate at BOSTON before travelling. The Consulate General was extreemly good and told me "Not to waste money on transit visa"
I said I have Advance Parole.That's all. The Officers are nice and friendly. They know it.
Infact I visited German Consulate at BOSTON before travelling. The Consulate General was extreemly good and told me "Not to waste money on transit visa"
kv_ajay
10-19 10:40 AM
A startup in the area filed for my PERM and it was approved in June 2010. Right now, they are in a mess about their tax returns and reauditing with their CPA and it seems that they will not be able to provide tax statements for this year end.
That will cause the PERM to expire without filing I140 since PERM expires in Dec. Is there anyway for us to file extension for the PERM ? More than 180 days...
That will cause the PERM to expire without filing I140 since PERM expires in Dec. Is there anyway for us to file extension for the PERM ? More than 180 days...
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