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  • eb3retro
    06-17 01:20 PM
    Hello,
    While I understand that there is legal limit on number of times AC21 can be invoked assuming it for similar job transfer, but I was wondering if some one on this forum has changed job multiple times after 180 days of 485 filing.
    My husband recently changed companies for same job profile after 180 days of filing 485 and having I140 approved, but now job is not what he initially expected (in fact lot different in terms of work and responsibility) , so he is now on lookout for another change in same profile.
    His title in both jobs is Sr Software Engineer.

    He is the primary applicant, and has 3 three years of H1-B extension. Is there any chances for RFE? His lawyer at current company did send AC21 letter to USCIS.


    hi vikki, if its of any help, i changed job already twice in ac21. given the eb3-India situation, I am assuming i may be changing jobs couple of times, before I get my GC..hey after all this is what we have been waiting for right??? freedom to change jobs when we want...i was so frustrated sticking to a bad employer for 7 years...





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  • frostrated
    07-06 12:41 PM
    you can enter in AP, but you cannot work on H1B status. You need an EAD. You can work in H1B status if you enter in H1B.





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  • sanju
    08-02 01:30 PM
    People have started using IV forums to report any issue with customer service. Guys, grow-up, participate in IV activity rather than screwing the effort of few good people. I am sure that people who posted on this thread about DHL/UPS/FedEx are not going to show up at the DC rally. Why are you guys wasting the bandwidth and at the same time killing your time? Wish you all the luck in finding something better to do.





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  • RDB
    08-16 05:12 PM
    Yes, this is part of the pre-adjudication process. No need to take an Attorney if your case is straight forward - but it really depends on you!

    Even though yours and your wife's interview time is different - they will call you together :)....just drop in both the Interview Notices together once in the room.

    Take all the documents that you can - both original and photocopies (don't worry if you don't have originals).

    We had our interview couple of weeks back and all the officer asked was for photocopies of EVL, W-2's along with Tax returns for last 3 years and birth Certificates.

    Hope this helps.

    Recently received interview letter, scheduled for Sep,3rd.

    1. My interview time is 8:15AM and my wife has at 8:45AM. Does it mean we should appear separately or can we go together?

    2. Is I-140 approval copy required? Interview letter does not say anything about it.

    3. My attorney is not coming since he is too far from my place. Can I take any local attorney? Does it require applying G-28 again?



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  • GCBy3000
    02-06 05:22 PM
    If your spouse is on H4, you can invoke the EAD? I dont understand what is the problem in invoking the EAD?





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  • trueguy
    08-11 02:46 PM
    Guys please vote



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  • sledge_hammer
    02-18 12:08 PM
    If the question is whether AC21 can be used or not, then the answer is YES. If the question is whether it is legal or not, then the answer is illegal. If the applicant never had the intention to work for the company that filed for GC, then it is fraud.

    Besides, with VSG Inc. in such a big mess, who knows what USCIS is going to decide about these cases!


    Incorrect.

    As per Yates memo (link (http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf))
    It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.

    ______________________
    Not a legal advice.
    US citizen of Indian origin





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  • pappu
    04-24 11:14 AM
    OK why dont we have that link that shows about bills anymore?? I mean on the home page...was that intentionally removed?

    We removed the link and the thread. Announcing the bills in advance did not have its desired effect and motivation in members to help themselves by supporting it.

    We saw members discussing the issue to its death and shooting themselves in the foot by criticizing it rather than trying to work together to get more support for it.

    IV has successfully done lobby day this week. Many members from Trstate and Texas were in DC and lobbied for admin fixes as well. Some state chapter members even contributed to pay for the expenses of members that traveled to DC.

    Our Lobbyists are also working on pushing the bills forward. We are privy to the details on all bills and will announce on the forum at a later date. It is time for members to help themselves by supporting the initiatives by IV and strengthen the organization.



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  • kaisersose
    06-02 10:42 AM
    Kaiser.
    thx for replying . but I do not want both Visa on Oct1.

    My L1 ends sometime in mid September.
    My H1 would be effective only from Oct 1.
    So, during this time I will be out of status right ?

    So if I do my L1 Extension, I might solve the problem.
    But Will doing that affect the approved H1 ?

    Pls. help. thanks.

    As far as I know, your H will impact your L, not the other way around. Your most recent I-94 will determine your status. Your H I-94 will start from Oct 01.

    1. If your L extension cannot happen before Oct 1st, your L I-94 starts earlier than the H and will beinvalidated on October 1st.

    2. If your L extension happens after October 1st - it will not happen because at that time, your status would have changed to H. So the ext will be denied as far as I know.

    If you wish to continue your L after Oct 1st, get an extension approved, travel out of the country before Oct 1st, get a visa stamped and return on L after Oct 1st.





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  • lazycis
    12-21 06:53 PM
    I applied I-140 with a substitution labor in May'07. Then I applied I-485 on July2nd,2007. Got EAD on Aug20th. Two months back my I-140 was approved. Now I am on EAD. I am working with a very good financial corporation which they are asking me to join as full-time from Jan1st2008. I told my manager that I can join as a full-time from Feb20th 2008. Can any one throw some light on these doubts?

    1. What happens if I move before 180 days of EAD to this new company and send AC21 to USCIS after finishing 180 days on EAD?
    2. If I moved after 180 days what kind of queries we get from USCIS on AC21?
    3. Do we need to make sure my employer also agrees what we are doing? What kind of documents we need from the existing employer?
    4. Does my new company has to give same exact responsibilities as my labor certificate?

    I would appreciate if any one replies to these posts. Thanks in advance.

    1. Technically you can start working for a new employer from January 2nd (180 days after I-485 received date). It does not matter when you've got EAD.
    2. If you do not notify the USCIS and you current employer won't withdraw I-140, the USCIS will never know about the job change.
    3. See #2. You have to make sure they will not withdraw I-140. AC21 or not, it's in your best interest to leave on good terms.
    4. Not really. Make sure job title or responsibilities/duties are same or similar. It does not have to be 100% match.



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  • deepakjain
    06-18 03:22 PM
    Make sure you post all the required document 5 "working days" - If appointment is on monday then your papers should reach by Sat of previous week....

    Appointment on 29th June means your papers should reach latest by 19th [4 days is for weekend and one day is overlap].....

    I had a bad experience when I went for interview at Mumbai consulate - When I reached the office they told me my appointment has been cancelled reason - document did not reach as per the expected time....I had to spend 10 days to get the next appointment...It was not a problem for me as I am from Mumbai...

    Make sure you reach atleast 2 hours before your appointment time. local hawaldars make a mess of people standing in queue...

    - Deepak





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  • minimalist
    10-28 01:18 PM
    Hey! What about handsomes like me? Just kidding :). Wish you all Happy Diwali and properous new year.

    I Wish God Give me Strength to Fight Legal Immigration Injustice.

    When I Asked God for Strength, He Gave Me Difficult Situations to Face - Swami Vivekanad

    So, I know god is with me.

    Wish all so deserved people Green Card this year.
    This is the first time I came across.



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  • gcpool
    08-30 09:16 AM
    Advance parol was not taken and can we still use parole as a status.

    Unknown is good but I was wondering if it would raise any red flags





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  • bodhi_tree
    12-15 11:20 AM
    I think I'll try to find a knowledgeable lawyer who's not too snooty. Someone better than my current company's lawyer who happens to think all information to me should be provided only on a need to know basis..I am in Cincinnati Ohio so please recommend if you know any good names..

    I also have an approved I140 with my current company ....can it be used to get a 3 year term when the H1 is transferred ? I still have about 2 years left on my original 6 year term..Thankyou



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  • TexDBoy
    09-10 09:32 PM
    I think it is better to file a H1B amendment if there is any issue in the application ... You could get I797A
    and ... It is always least riskier to go to the consulate mentioned in the H1B application ...





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  • pappu
    05-05 12:02 PM
    Thank you



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  • Raj12
    02-05 05:25 PM
    I am in Alabama (near Huntsville)





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  • sanju
    10-09 05:07 PM
    Hi! there,

    Are you sure you talked to the Immigration Officer? The guys who pick-up the phone at USCIS are not Immigration Officers. They are working for the contracting company assigned to just handle the incoming calls. If you convince them for speaking to an Immigration Officer about a pressing issue, only then you get transferred to an Immigration Officer, that changes of this happening is 1 in 10.

    And the chance of the representative of the contracting company saying this is very high. Others on the forum have report much more weird experiences/replies.

    Could you please clarify if the call was actually transferred to an Immigration Officer who told you this?



    Hi,
    I called up and spoke to the IO and asked him about the rejection of I-485 due to old fees and he defended that the application would be rejected without the new fee, I tried to explain him about the July bulletin 107 and that people who were on employment based category and whose dates were current should have used only the OLD FEES till August 17th, he did not agree about it and I did not force the issue!

    If the IO officers don't agree about the right facts how would the people who just check the fee! I am sure that is why my application was rejected!

    I am not sure what to do! Can somebody suggest anything!

    How to let those people know that when we applied in August there was a bulletin which said that we can apply with old fee!





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  • chanduv23
    05-13 12:44 PM
    Online case status and infopass are useful for things like address change, namecheck status, finger printing issues , and other issues being dealt where no processing or less processing is required like GC not received, approval not received , letters lost etc...

    When it comes to such complicated issues, you have to get real help.

    Basically - you have to somehow cut through beurocracy and get your issues resolved.

    Good luck, I am sure, things will get under control soon.





    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





    Munna Bhai
    11-09 09:21 AM
    I am collecting all the documents and I will do premium processing but would like to get clarification regarding the rule.

    I heard that " Labour should be filed 365 days before, whether approved or not" and that will automatically allow you to have 1 year extension.

    Is this correct?

    -M



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