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
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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pachai_attai
09-04 09:05 AM
485 approved on August 31st. Approved 3 weeks after I sent out the RFE.
sanjay
03-24 02:26 PM
Now everything is queued..... no more cutting lines.
No more LC substitution --- This is old news.
No more delays in 140. --- How come? premium processing had not started yet and neither I see any news on this.
Can you elaborate !!!!
No more LC substitution --- This is old news.
No more delays in 140. --- How come? premium processing had not started yet and neither I see any news on this.
Can you elaborate !!!!
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Loruoo26
02-14 12:48 PM
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anemmani
01-04 01:46 PM
Probably I did not make myself clear .
I don't care about any in-state tution or financial assistance .
My question is, is it possible to even file for COS from H4 to F1 after getting F1 denied in India .
Here is the timeline
Nov 2010 - COS from H4 to F1 approved in US.
Dec 2010 - Went to india for F1 Stamping and it was denied.
Jan 2011 - Came to US on H4 visa .
Now is it possible to apply for COS to F1 again ? . Will the F1 denial in India have any impact on COS to F1 processing ?
nit_sea,
I do not know about the chances of COS to F1 after a previous denial. You will need someone who had a similar experience or an attorney.
Good luck,
Nag
I don't care about any in-state tution or financial assistance .
My question is, is it possible to even file for COS from H4 to F1 after getting F1 denied in India .
Here is the timeline
Nov 2010 - COS from H4 to F1 approved in US.
Dec 2010 - Went to india for F1 Stamping and it was denied.
Jan 2011 - Came to US on H4 visa .
Now is it possible to apply for COS to F1 again ? . Will the F1 denial in India have any impact on COS to F1 processing ?
nit_sea,
I do not know about the chances of COS to F1 after a previous denial. You will need someone who had a similar experience or an attorney.
Good luck,
Nag
h1bemployee
06-25 01:57 PM
Hi Prasanthi,
In the denial letter they stated that
"The beneficiary may remain in the current immigration status until date indicated on Form I94.. ". My I-94 is valid till sep 30 2009 .... so even though my H1b transfer got denied ,will that save me from being out-of-status?
In the denial letter they stated that
"The beneficiary may remain in the current immigration status until date indicated on Form I94.. ". My I-94 is valid till sep 30 2009 .... so even though my H1b transfer got denied ,will that save me from being out-of-status?
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humsuplou
11-30 10:42 PM
Hi,
Can someone please kindly share their experince in this matter? I really need some advice.
Thanks!!
Can someone please kindly share their experince in this matter? I really need some advice.
Thanks!!
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admin
02-08 01:21 PM
lghtsplr,
Thanks for informing us about this. I have replied in that thread mentioning that we can set up web fax with the same content. Web faxes are very easy for users to send.
Siva
Thanks for informing us about this. I have replied in that thread mentioning that we can set up web fax with the same content. Web faxes are very easy for users to send.
Siva
more...
dummgelauft
10-05 01:36 AM
:p...I loved that you just gave a name....and then the choice of the name is just hilarious ! (not that it may not be a true name...but still!!!)
I am a law abiding up-standing Citizen of that country, and that stupid lady was asking me why am I going there. This is like asking somebody why they are going to their house. So, I just gave her a name...now that I look back, I should have said "Mr. Johnny Walker"..since I always pick up a Johnny Walker at the duty free!!..but Dhurandhar Bhadvadekar sounded much more cool...
I am a law abiding up-standing Citizen of that country, and that stupid lady was asking me why am I going there. This is like asking somebody why they are going to their house. So, I just gave her a name...now that I look back, I should have said "Mr. Johnny Walker"..since I always pick up a Johnny Walker at the duty free!!..but Dhurandhar Bhadvadekar sounded much more cool...
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diptam
11-13 03:37 PM
Jokes apart - I-485 is the actual step of converting someone to a real Permanent Resident.
You don't have to worry about your Skill sets , loads of paperwork - you can do everything that an American can do apart from Voting. Its not a administrative processing step like I-140.
If on a higher level the politicians feel that economy is bad , umeployment is rocketing up they would do nothing to speed up 485 , rather slow it down... They don't want an extra immigrant to stand in the line for Food stamp or unemployment benefits.
Makes sense ?
Is tehre is any way for PREMIUM PROCESSING for I485 pending case ?
In my case PD is current since years the I140 is approved. Backbround check etc is over. Confirmed by various sources that my case JUST needs to be picked up by IO.
I have somebusiness trips coming up. My employer want me to find out the way to get the GC faster that way there wont be any hassle for every year renewal od AP and also EADs. and then appplying VISAs which will expire along with teh AP last date.
Along with me my employer is also fed up now:p.
Our lawyer being stupid; the employer wants me to find out the way to expedite I485. Since it is in last stages I think theer could be quicker way.
I know there is the way WOM but is there any other way?:rolleyes:
You don't have to worry about your Skill sets , loads of paperwork - you can do everything that an American can do apart from Voting. Its not a administrative processing step like I-140.
If on a higher level the politicians feel that economy is bad , umeployment is rocketing up they would do nothing to speed up 485 , rather slow it down... They don't want an extra immigrant to stand in the line for Food stamp or unemployment benefits.
Makes sense ?
Is tehre is any way for PREMIUM PROCESSING for I485 pending case ?
In my case PD is current since years the I140 is approved. Backbround check etc is over. Confirmed by various sources that my case JUST needs to be picked up by IO.
I have somebusiness trips coming up. My employer want me to find out the way to get the GC faster that way there wont be any hassle for every year renewal od AP and also EADs. and then appplying VISAs which will expire along with teh AP last date.
Along with me my employer is also fed up now:p.
Our lawyer being stupid; the employer wants me to find out the way to expedite I485. Since it is in last stages I think theer could be quicker way.
I know there is the way WOM but is there any other way?:rolleyes:
more...
delhirocks
07-22 02:06 AM
New fee is 1010 (I-485 + FP) + $305 (AP) + $340 (EAD) = $1655
Nope 1010 includes everything...and yes, we do not have a choice. Even if we submit new fees, we will not be entitled to the benefits.
Nope 1010 includes everything...and yes, we do not have a choice. Even if we submit new fees, we will not be entitled to the benefits.
hot pre-plastic surgery self:
GC_1000Watt
12-19 12:08 AM
Hi All,
One of my friend is in a bad situation, I am posting on behalf of him,
He is having H1B from Company A, company even filed labor, he got a project all was going well , his project with client got over on September 15th 2009. He was on bench since then, his recruiting guys tried hard marketing him and atlast after 3 mnths found a project and when the time has come for paper work, today,HR from client called and told him that his company A's HR responded them saying his H1 was cancelled on September 15th as soon as his project got over with his previous client. My friend was not intimated about this not even the recruiter and was in assumption that company is still supporting him ..He is in shock and helpless..
Now the question is its more than 90 days since Sept 15th, what is the current situation what can he do? (has 2 offers in hand and no h1)..wat are the options he left with? Anything can be done? Can he stay and apply a new H1 or transfer? Pleas advise, Gurus appreciate your quick response.
Thanks in Advance
AJ
Talk to a good immigration lawyer...preferably Murthy law firm.
I believe H1B transfer is out of question now. You can ask a company to file a new H1B visa coz I believe there are still some visa numbers available.
I am not a lawyer and hence please consult with experienced immigration attorney.
Hopefully new year will come with good news for you. :)
One of my friend is in a bad situation, I am posting on behalf of him,
He is having H1B from Company A, company even filed labor, he got a project all was going well , his project with client got over on September 15th 2009. He was on bench since then, his recruiting guys tried hard marketing him and atlast after 3 mnths found a project and when the time has come for paper work, today,HR from client called and told him that his company A's HR responded them saying his H1 was cancelled on September 15th as soon as his project got over with his previous client. My friend was not intimated about this not even the recruiter and was in assumption that company is still supporting him ..He is in shock and helpless..
Now the question is its more than 90 days since Sept 15th, what is the current situation what can he do? (has 2 offers in hand and no h1)..wat are the options he left with? Anything can be done? Can he stay and apply a new H1 or transfer? Pleas advise, Gurus appreciate your quick response.
Thanks in Advance
AJ
Talk to a good immigration lawyer...preferably Murthy law firm.
I believe H1B transfer is out of question now. You can ask a company to file a new H1B visa coz I believe there are still some visa numbers available.
I am not a lawyer and hence please consult with experienced immigration attorney.
Hopefully new year will come with good news for you. :)
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hate_me
03-28 10:41 AM
Amount: $100
Receipt ID: 8XN17151GH219590E
This was yesterday and I had posted it in another thread
Receipt ID: 8XN17151GH219590E
This was yesterday and I had posted it in another thread
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seekerofpeace
09-10 01:53 PM
Folks,
After more than an hour drive to a shitty town in northern mass Lawrence....no bottles please..cell phones be turned off...
Officer: Purpose
Me: Me approved my wife not
Officer: cases..
Me: Presented cases
Officer: Yes you are approved...your wife is pending
Me: Oh really that is a revelation....
Me: Why so?is she preadjudicated?
Officer: There could be many reasons...no she is not pre-adjudicated...
Me: What can we do to expedite as she is current
Officer: Nuthin ....I was loosing my temper now...
I said how long should one wait...I opened an SR I got a reply that they are doing additional review contact after 6 months..3 days later I get approval email...no one has a clue...the right hand does not know what the left is doing....my wife is kicking me on the foot asking in native language be happy with yours do u want to loose urs too...
Officer: gave a vague Monalisa smile...
Me: Well I guess that's it I didn;t know anything after driving 60 miles that I didn't know before...
On the way back got a mail from my attorney...he checked thru AILA and talked withan IO ...it seems her biometrics need to be redone...it is ordered and she shld get it in 2 weeks she will be current next month too...so keep fingers crossed...well my fingers are crooked and can't be straightened now...
Hope the info helps..
SoP
After more than an hour drive to a shitty town in northern mass Lawrence....no bottles please..cell phones be turned off...
Officer: Purpose
Me: Me approved my wife not
Officer: cases..
Me: Presented cases
Officer: Yes you are approved...your wife is pending
Me: Oh really that is a revelation....
Me: Why so?is she preadjudicated?
Officer: There could be many reasons...no she is not pre-adjudicated...
Me: What can we do to expedite as she is current
Officer: Nuthin ....I was loosing my temper now...
I said how long should one wait...I opened an SR I got a reply that they are doing additional review contact after 6 months..3 days later I get approval email...no one has a clue...the right hand does not know what the left is doing....my wife is kicking me on the foot asking in native language be happy with yours do u want to loose urs too...
Officer: gave a vague Monalisa smile...
Me: Well I guess that's it I didn;t know anything after driving 60 miles that I didn't know before...
On the way back got a mail from my attorney...he checked thru AILA and talked withan IO ...it seems her biometrics need to be redone...it is ordered and she shld get it in 2 weeks she will be current next month too...so keep fingers crossed...well my fingers are crooked and can't be straightened now...
Hope the info helps..
SoP
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chprav
11-05 10:28 AM
Finally I got mail from USCIS on 11/04 saying my AP is approved. But the message says it is approved on 10/17. I didn't know why they took so many days to update the status? Is it normal?
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Approval notice sent.
On October 17, 2007, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Approval notice sent.
On October 17, 2007, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
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newuser
02-11 08:16 PM
Petition signed
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jsb
12-11 12:08 PM
Does anybody know what is the current fee for H1B transfer (from one employer to another), and how long does it take.
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doubleyou
05-20 09:36 AM
I agree that recapture is a big issue, but background check is also another issue that affects many IV members.
It just does not matter if wheter one is a paying member or non paying member, i am sure that there are paying members who are also having same issue.
As a start IV should get a count of members who are in the background check doloop.
It just does not matter if wheter one is a paying member or non paying member, i am sure that there are paying members who are also having same issue.
As a start IV should get a count of members who are in the background check doloop.
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krishmunn
03-04 12:28 PM
Also from Attorney blogs ---- If the employer does not file a new LCA (and you are not in a position to ask for it or quit the job), send a mail to Employer asking for a copy of new LCA as of first day of work in the new site. By law , it is employer's responsibility to file a new LCA and give a copy to you. If you send the mail, it is a proof that you have been trying to be on right side of law and employer is at fault.
If in future, you are held accountable for falling out of status, attorneys will probably be able to convince CIS that it is not your fault and save your case.
If in future, you are held accountable for falling out of status, attorneys will probably be able to convince CIS that it is not your fault and save your case.
ronnie0479
07-10 06:24 PM
On June 9th, CIS provided the required data to VO. ????
I think what he meant was July Visa bulletin was based on the data DOS had before CIS provides more data to DOS on June 9. if you see the July Bulletin was posted on June 8th , till that time DOS didn't has the info about spill over. Even i think the Dates might move further if not many years, i think it will at least move a bit more.
I think what he meant was July Visa bulletin was based on the data DOS had before CIS provides more data to DOS on June 9. if you see the July Bulletin was posted on June 8th , till that time DOS didn't has the info about spill over. Even i think the Dates might move further if not many years, i think it will at least move a bit more.
raju_abc
07-23 11:20 AM
It's not consultant, you mean to say that you applied through an agent. Know that you are the consultant but not the company or anyone else.
ya , in ur words agents
ya , in ur words agents
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