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kondur_007
08-21 06:28 PM
I have a strange situation where I was thinking of AC21 all the while since January (Jul 02 Filer, TSC with Receipt# SRC 0722...).
Now, I finally made my mind and about to get an offer (after labor day, they say).
The lawyer says "don't think about AC21 now, because most probably your GC will be here within 3 months"
My PD is July 31st, 2006.
Dilemma: I don't want to screw up (or stretch the case un-necessarily) by changing employment just in case if there is an RFE. But then, I have to stay with my current employer for 6+ months AFTER GC as well, to be able to prove "permanent employment" intent.
please advise if the timing (within 3 months) makes sense.
Please also shed light on the permanent intent thing .
Many thanks
I am not a lawyer, but this is my honest opinion:
If your I140 is approved, go ahead and do AC21. On a long run you will be much better off. Odds are, your GC will take a while and you will get stuck with an employer you dont want to work with long term. So go ahead and do AC21 ASAP before GC gets approved. As long as you invoke AC21 (date when you mail AC21 papers to USCIS or document it with your lawyer or accept the new job) BEFORE the approval of you GC, you will just be fine.
Good Luck.
Now, I finally made my mind and about to get an offer (after labor day, they say).
The lawyer says "don't think about AC21 now, because most probably your GC will be here within 3 months"
My PD is July 31st, 2006.
Dilemma: I don't want to screw up (or stretch the case un-necessarily) by changing employment just in case if there is an RFE. But then, I have to stay with my current employer for 6+ months AFTER GC as well, to be able to prove "permanent employment" intent.
please advise if the timing (within 3 months) makes sense.
Please also shed light on the permanent intent thing .
Many thanks
I am not a lawyer, but this is my honest opinion:
If your I140 is approved, go ahead and do AC21. On a long run you will be much better off. Odds are, your GC will take a while and you will get stuck with an employer you dont want to work with long term. So go ahead and do AC21 ASAP before GC gets approved. As long as you invoke AC21 (date when you mail AC21 papers to USCIS or document it with your lawyer or accept the new job) BEFORE the approval of you GC, you will just be fine.
Good Luck.
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ksrk
09-22 07:49 PM
We did not return the i94 while traveling by air - and our renewal notice was with i94 (same number)
Hi senk1s,
When did you make this travel over air?
I remember getting a new I-94 each time I returned to the US (in the last 2yrs) from Vancouver. They used to not require that you get a new I-94 (in 2001 and 2004), but of late, you are required to surrender your existing I-94 and get a new one when you return - even between the US and Canada, if you hold an Indian passport. Meaning that if you are refused the H1B visa stamp in Canada, you can't just enter the US on the previous I-94 (even it is still valid).
Hi senk1s,
When did you make this travel over air?
I remember getting a new I-94 each time I returned to the US (in the last 2yrs) from Vancouver. They used to not require that you get a new I-94 (in 2001 and 2004), but of late, you are required to surrender your existing I-94 and get a new one when you return - even between the US and Canada, if you hold an Indian passport. Meaning that if you are refused the H1B visa stamp in Canada, you can't just enter the US on the previous I-94 (even it is still valid).
Lasantha
06-15 12:59 AM
Gurus,
My employer advises me to be on H1B because of the uncertainity that comes with EAD. But I told him that my wife needs an EAD so that she can work. He said she can get one and I can be on H1. Is it possible? Also, I think I shud also get an EAD so that I am free to move around. But I don't wanna be blunt on the face and blow it all up. How would I make him understand/persuade and make him file my EAD and AP?
As always, appreciate all your help :)
As far as I know, you don't need anything from your employer to file EAD and AP. You do need a letter from them to file your I-485 but not for EAD and AP. So after they file your I-485 and get your file number you should be able to file it yourself.
My employer advises me to be on H1B because of the uncertainity that comes with EAD. But I told him that my wife needs an EAD so that she can work. He said she can get one and I can be on H1. Is it possible? Also, I think I shud also get an EAD so that I am free to move around. But I don't wanna be blunt on the face and blow it all up. How would I make him understand/persuade and make him file my EAD and AP?
As always, appreciate all your help :)
As far as I know, you don't need anything from your employer to file EAD and AP. You do need a letter from them to file your I-485 but not for EAD and AP. So after they file your I-485 and get your file number you should be able to file it yourself.
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walking_dude
03-03 05:23 PM
Google checkout option has been discontinued due to logistics issues. One time contributions can still be made through PayPal (as before) or by mailing checks of IVs P.O. box in CA.
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perm2gc
08-02 02:22 PM
You probably meant to say that you are NOT an immigration lawyer. Correct?
Yes..sorry for the Mistake
Yes..sorry for the Mistake
Karthikthiru
07-21 05:39 PM
The best thing to do in your case is to contact the local congress men or one of your Senator
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smads
03-07 10:42 AM
sorry guyz have still been trying to find out what needs to be done....
sendmailtojk,
i was on a vacation and boarded from australia....it was a unique situation....when i left my PP was valid for 7 months when i came back it was valid for 5 months....
watzgc,
I renewed my PP on time but never did anything about my I-94.
I did a lot of research and have some updates for everyone.
1) My lawyer says we file for a petition that typically asks for forgiveness so that i dont get a 3 yr bar. dont know what that petition is called but it translates as "now for then". [can only be prepared by a lawyer and would cost me $1000]
2)I spoke to an immigration officer and he said it is a very common mistake and most of the times they just question the person and let them go. he said not to worry abt the 3 yr bar. he also said that the 3 yr and 10yr bar is more for the tourist visas where people actually think they have a 10yr visa so they can stay here for 10 yrs.
And yes like watzgc he also said file for extention I-539 i think.[costs only $300, anyone can fill it out and send it to USCIS]
now lets see if my lawyer will go with what she thinks is right or will she go with what the immigration officer thinks needs to be done.
I also think that these lawyers try to scare us and get all fancy things done so that they can charge as much as they feel like.
thanks for being so prompt and sorry for not replying sooner,
smads
sendmailtojk,
i was on a vacation and boarded from australia....it was a unique situation....when i left my PP was valid for 7 months when i came back it was valid for 5 months....
watzgc,
I renewed my PP on time but never did anything about my I-94.
I did a lot of research and have some updates for everyone.
1) My lawyer says we file for a petition that typically asks for forgiveness so that i dont get a 3 yr bar. dont know what that petition is called but it translates as "now for then". [can only be prepared by a lawyer and would cost me $1000]
2)I spoke to an immigration officer and he said it is a very common mistake and most of the times they just question the person and let them go. he said not to worry abt the 3 yr bar. he also said that the 3 yr and 10yr bar is more for the tourist visas where people actually think they have a 10yr visa so they can stay here for 10 yrs.
And yes like watzgc he also said file for extention I-539 i think.[costs only $300, anyone can fill it out and send it to USCIS]
now lets see if my lawyer will go with what she thinks is right or will she go with what the immigration officer thinks needs to be done.
I also think that these lawyers try to scare us and get all fancy things done so that they can charge as much as they feel like.
thanks for being so prompt and sorry for not replying sooner,
smads
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johnamit
08-30 01:08 PM
more details will help. Is the case is as simple as it sounds then may be half of filers will get RFE. There got to be more pieces to it, is there H1/F1/H4/L1 transfer exists? I-140 aprroved? etc. Think about other points that makes your case out of the heap.
more...
msp1976
03-09 03:31 PM
My friend has 2 I-140s one EB3 (PD Dec 2002) and second one EB2 (PD Nov 2006) - what is the best option for him.
Whether he can use earlier PD for EB2 (I-485).
Please share your knowledge.
Doesn't matter....If he is from India/China, Without immigration refrom he is screwed either way....
If he is EB2 ROW then go with Nov 2006...
In any case please tell your friend to join IV and contribute to IV.....
Whether he can use earlier PD for EB2 (I-485).
Please share your knowledge.
Doesn't matter....If he is from India/China, Without immigration refrom he is screwed either way....
If he is EB2 ROW then go with Nov 2006...
In any case please tell your friend to join IV and contribute to IV.....
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morchu
04-27 03:08 PM
Yes. Show Company-A unexpired H1-visa-stamp and Company-C H1-I797-Approval Notice at port of entry.
Can i use the same Visa for reentry to US when i am coming back on May/June.
Thanks
Can i use the same Visa for reentry to US when i am coming back on May/June.
Thanks
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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.
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americandesi
10-04 01:41 PM
I've been living in the US for almost 4.5 years now. Last year I was flying from Los Angeles to Las Vegas and the security officer checking the Photo Id./boarding pass at LAX airport asked me the most intelligent question of the century.
"What's the purpose of your visit to Las Vegas?":confused:
I would expect this kind of question at immigration check for international arrivals and not on domestic departures. May be took his job too seriously.
I thought of saying "Gambling, booze and girls" but just answered "Sightseeing" and he let me go :D
I also had a similar experience in Canada where an officer asked the purpose of visit to Canada in spite of showing my Canadian PR card :)
"What's the purpose of your visit to Las Vegas?":confused:
I would expect this kind of question at immigration check for international arrivals and not on domestic departures. May be took his job too seriously.
I thought of saying "Gambling, booze and girls" but just answered "Sightseeing" and he let me go :D
I also had a similar experience in Canada where an officer asked the purpose of visit to Canada in spite of showing my Canadian PR card :)
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doubleyou
05-19 04:39 PM
Pappu,
1)do you know what is the difference between the name check and background check., or is it the same thing.
2) Will getting the congressional office to follow up raise any red flag?
3) What other options to follow up, SR, multiple time, first waiting for IO, then extended check-6 months, now background check.
4)Does having two I140 mean anything in the delay
1)do you know what is the difference between the name check and background check., or is it the same thing.
2) Will getting the congressional office to follow up raise any red flag?
3) What other options to follow up, SR, multiple time, first waiting for IO, then extended check-6 months, now background check.
4)Does having two I140 mean anything in the delay
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vandanaverdia
09-10 01:42 PM
Trying to keep this thread alive....
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Desertfox
08-02 12:54 PM
I ship documents quite frequently to India, and FedEx is the best. I tried all of them, but others dont even come close to FedEx USA-to-India services.
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amsgc
07-31 09:40 PM
I don't think your mom should overstay the visa - not a good idea at all.
Try to see if she spent time outside the US when she was on H-1B. For example, she may have taken a few weeks off each year to visit her home country - you can recapture that time.
BUT, as kaiser mentioned, not sure how your grandfather applied for your mother in the first preference category. Double check that. As someone else mentioned, the dates in the family preference move very slowly.
Try to see if she spent time outside the US when she was on H-1B. For example, she may have taken a few weeks off each year to visit her home country - you can recapture that time.
BUT, as kaiser mentioned, not sure how your grandfather applied for your mother in the first preference category. Double check that. As someone else mentioned, the dates in the family preference move very slowly.
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rajsand
10-17 09:21 PM
I finally got my receipts today for my wife and me.
I got only my receipt number for I-765 on sep 18th and rest of it today.
I called the USCIS and the IO said all the receipts are there today.
Thanks for all the valuble information.
I got only my receipt number for I-765 on sep 18th and rest of it today.
I called the USCIS and the IO said all the receipts are there today.
Thanks for all the valuble information.
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nashorn
12-18 02:25 PM
It could be anything but approval of your case, since you are not current. Any change they made on you case will result in a LUD. A guy here got a LUD because somebody reentered his address. But since you got so many in so short period of time, it is very likely they are looking at your case. But when they reach the point that they have to make a decision on your case, let's just say your case is approvalble otherwise, they'll send your case on visa hold (because you are not current), and send your file to some visa hold shelf based on your PD and chargeability. When your PD become current, they'll approve it.
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ashkam
09-25 11:12 AM
Good find - shows the plight of legal immigrants.
A bit of nitpicking - actually the chart is underestimating the time for EmploymentBased / skilled immigrants wait - says 11-16 years to get citizenship sort of suggesting 16 years is the worst case scenario to get citizenship. Its a bit underestimate especially for people coming from India/China. I have seen many people (including me) on these forums who entered US "legally" ten years ago and still waiting for GC with no idea when they would finally get it. Some of them might finally get citizenship 20 years after entering the country "legally".
On the whole it shows the reality of legal immigration and its waiting times.
They are counting the time from when the green card process is started. Doesn't matter when you entered the US.
A bit of nitpicking - actually the chart is underestimating the time for EmploymentBased / skilled immigrants wait - says 11-16 years to get citizenship sort of suggesting 16 years is the worst case scenario to get citizenship. Its a bit underestimate especially for people coming from India/China. I have seen many people (including me) on these forums who entered US "legally" ten years ago and still waiting for GC with no idea when they would finally get it. Some of them might finally get citizenship 20 years after entering the country "legally".
On the whole it shows the reality of legal immigration and its waiting times.
They are counting the time from when the green card process is started. Doesn't matter when you entered the US.
tonyHK12
10-11 11:11 AM
It not the right time to start campaign. All policians will be busy in elections an they may not hear waht we say. After elections may be the right time to do.
On the contrary, Immigration is one of the top issues now, and the stand on illegals and legals will be part of the campaign, besides jobs, economy, health care.
Their main work in campaiging is talking about how they will fix issues (Bills) and what they have done so far.... blaming others, etc.
They can do the dirty work for us in communicating to the public about EB visa increase and legal immigration issues.
On the contrary, Immigration is one of the top issues now, and the stand on illegals and legals will be part of the campaign, besides jobs, economy, health care.
Their main work in campaiging is talking about how they will fix issues (Bills) and what they have done so far.... blaming others, etc.
They can do the dirty work for us in communicating to the public about EB visa increase and legal immigration issues.
vjkypally
05-29 08:54 AM
Same here.
I am july 07 filer and I got RFE for EVL and that should be on companys letter head and a copy of it with job description and offer for full time with salary. (In fact I have sent AC21 through attorney)
And RFE for current residence proof
I am july 07 filer and I got RFE for EVL and that should be on companys letter head and a copy of it with job description and offer for full time with salary. (In fact I have sent AC21 through attorney)
And RFE for current residence proof
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