gc_chahiye
09-28 04:33 PM
If Labor Certification and I-140 Approval Notices are a property of the Employer, how the "Beneficiary" is supposed to invoke 'AC-21' for changing jobs in the future without having the approval notices? - My employer has a policy of NOT giving out approval notices of LC and I-140.
for AC-21 (if you choose to inform USCIS: its recommended, but some people dont do it) you only need to provide a letter explaining you are porting, and include a copy of your new employers offer letter. You provide receipt number of your 485. I-140/LC copies not needed. If you are trying to port after 6 years of H1, and need to extend H1 with new employer, thats when you need copy of I-140 approval notice or LC. If your employer does not provide it, I think you will be forced to use AC-21 with EAD in that case.
for AC-21 (if you choose to inform USCIS: its recommended, but some people dont do it) you only need to provide a letter explaining you are porting, and include a copy of your new employers offer letter. You provide receipt number of your 485. I-140/LC copies not needed. If you are trying to port after 6 years of H1, and need to extend H1 with new employer, thats when you need copy of I-140 approval notice or LC. If your employer does not provide it, I think you will be forced to use AC-21 with EAD in that case.
wallpaper is adam levine of maroon 5
gc_aspirant_prasad
07-09 11:58 AM
I ve sent the pdf to my local newspapers. She is interested in doing the story.
Pls call & talk to her : kcollins@newsobserver.com
Pls call & talk to her : kcollins@newsobserver.com
grupak
08-08 10:06 PM
GCCovet/Mahujam,
- How did you find out about the LUD?
- What is soft LUD vs. hard ?
- what are possible reasons of an LUD ?
Thanks in advance!
Go to uscis.gov, click on the "case status online" link on the left, then click on the "register" link on the left. Then follow instructions ...
Once you have created a "portfolio" with the SRC/EAD numbers... there will be atable with LUD dates. Soft LUD is just a LUD without any change in status message. Hard LUD is when there is an actual update in status.
- How did you find out about the LUD?
- What is soft LUD vs. hard ?
- what are possible reasons of an LUD ?
Thanks in advance!
Go to uscis.gov, click on the "case status online" link on the left, then click on the "register" link on the left. Then follow instructions ...
Once you have created a "portfolio" with the SRC/EAD numbers... there will be atable with LUD dates. Soft LUD is just a LUD without any change in status message. Hard LUD is when there is an actual update in status.
2011 Adam Levine in Maroon 5#39;s
rbms
04-20 02:49 PM
Per my lawyer,
1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
3. Self employment is ok as long as the requirements are met and that is what is I am doing now.
1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
3. Self employment is ok as long as the requirements are met and that is what is I am doing now.
more...
indyanguy
10-03 02:43 PM
Thanks for the reply.
I had trouble finding the memo from Dec 2005. Can you please link it?
Thanks again
I had trouble finding the memo from Dec 2005. Can you please link it?
Thanks again
Longwait2004
08-28 05:03 PM
My app reached NSC on 07/24.No checks have been cashed out yet...Obviously no receipts either..
more...
dilipb
07-30 03:28 PM
I applied for EAD on 06/18/2008
Receipt Date 06/20/2008
Not received it till date!
My friend applied on 06/04/2008
He got 1 year EAD on 06/30/2008.
This is because they were trying to approve as many EAD cases as possible, so that they can earn money next year too.
They probably did this because its a fee based organisation.
Receipt Date 06/20/2008
Not received it till date!
My friend applied on 06/04/2008
He got 1 year EAD on 06/30/2008.
This is because they were trying to approve as many EAD cases as possible, so that they can earn money next year too.
They probably did this because its a fee based organisation.
2010 Adam Levine: Maroon 5
Administrator2
11-18 09:50 AM
done... Congressman changed in recent election.
Newly elected lawmakers are not members of the Congress until 7th January, 2011. In the lame duck session i.e. time between elections and end of the year, the same lawmakers will continue to vote even if they lost their election.
The names of the Members of Congress is correct.
Newly elected lawmakers are not members of the Congress until 7th January, 2011. In the lame duck session i.e. time between elections and end of the year, the same lawmakers will continue to vote even if they lost their election.
The names of the Members of Congress is correct.
more...
desi3933
07-10 03:32 PM
Agreed that H-1B has a fixed date. But from the employer standpoint, you're their "full-time, permanent" employee on H-1B, right?
Now you have come down from legal standpoint to employer standpoint! :D
The answer to your question is No.
Employer sponsors GC so that employee that is temporarily employed on H-1B can become permanently employed on GC job.
Again, you are mixing H-1B job with GC job.
Let me ask that question again (because you got confused last time)
Look at the I-140 application for GC (Page 2, Part 6, Question 5)
http://www.uscis.gov/files/form/i-140.pdf
I wonder why uscis is asking "Is this a permanent position?", if according to you, "*no* job in this country is "permanent" (legally speaking)"
Did your attorney put No for this question for your I-140 app?
You still believe that no job is permanent. If so, all I can say, more power to you.
Have a good day!
_______________________
US citizen of Indian origin
Now you have come down from legal standpoint to employer standpoint! :D
The answer to your question is No.
Employer sponsors GC so that employee that is temporarily employed on H-1B can become permanently employed on GC job.
Again, you are mixing H-1B job with GC job.
Let me ask that question again (because you got confused last time)
Look at the I-140 application for GC (Page 2, Part 6, Question 5)
http://www.uscis.gov/files/form/i-140.pdf
I wonder why uscis is asking "Is this a permanent position?", if according to you, "*no* job in this country is "permanent" (legally speaking)"
Did your attorney put No for this question for your I-140 app?
You still believe that no job is permanent. If so, all I can say, more power to you.
Have a good day!
_______________________
US citizen of Indian origin
hair adam levine maroon 5. Maroon 5#39;s Adam Levine; Maroon 5#39;s Adam Levine
bmoni
04-30 07:18 PM
I think EB3 India will move to Dec 2004 by end of this year. (crossing my finger and praying hope this will come true)
By the end of this year If they haven't made any significant movement in EB3 India We should seriously look into filling a lawsuit for country discrimination. Seriously I'm surprised no one is looking into filling a lawsuit for this endless country based discrimination.
I can't think of any other solution for this mess. Watching the house hearing made me sick they can't even differentiate GC visa and H1B visa.
By the end of this year If they haven't made any significant movement in EB3 India We should seriously look into filling a lawsuit for country discrimination. Seriously I'm surprised no one is looking into filling a lawsuit for this endless country based discrimination.
I can't think of any other solution for this mess. Watching the house hearing made me sick they can't even differentiate GC visa and H1B visa.
more...
hcard
08-22 05:36 PM
My checks got encashed this friday. Applications were delivered to NSC on July 2nd, later forwarded to TSC. My I140 was approved in TSC.
When the checks get encashed, the receipts number are printed on the back of the check. Using the receipt number you can track your application. I also subscribed for automated email from the USCIS website if there is any change in the status. I got an automated reply from USCIS yesterday.
Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION
Current Status: Card production ordered.
On August 21, 2007, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
When the checks get encashed, the receipts number are printed on the back of the check. Using the receipt number you can track your application. I also subscribed for automated email from the USCIS website if there is any change in the status. I got an automated reply from USCIS yesterday.
Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION
Current Status: Card production ordered.
On August 21, 2007, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
hot Adam Levine
Macaca
07-08 11:42 AM
All 140K GCs are available on Oct 1. However, dates were not current in 2005 and 2006. I think that current dates do not depend on available GCs.
Looks like current dates depend on # submitted AOS's. USCIS is saying that on Jul 2 it has submitted AOS's that exhaust submitted AOS quota.
Looks like current dates depend on # submitted AOS's. USCIS is saying that on Jul 2 it has submitted AOS's that exhaust submitted AOS quota.
more...
house Adam Levine
reddymjm
06-06 05:46 PM
The applications recrived at TEXAS on 1st JUN started receiving recepit notices. One of my friends checks got cleared today. :confused: As per my analysys nebraska had a 6 day lag till Jan 1st. Lets see.
tattoo Adam levine z yung berg images
gimme_GC2006
07-05 01:01 PM
There is a website which is tracking all desi employers and their leelas
http://www.h1bmates.com
oh..btw, I am not related/concerned/affiliated to this website. I just found it by google search..
http://www.h1bmates.com
oh..btw, I am not related/concerned/affiliated to this website. I just found it by google search..
more...
pictures Maroon 5 lead vocalist and
sts_seeker
02-05 02:20 PM
Hi All,
I went to PR landing in Toronto in Oct07. No prob in Canadian Side. The issue is if you don't have stamped h1-B and are trying to use "AVR" rule, its scary. The officer harassed me and told me that I was trying to use the loophole of the system. He said that it's up to his discretion to let me in to USA. He highlighted the part in H-1b and made me read it as well. I had to talk about some excuse but would not listen. Finally he let me in and asked me to make sure and reserve a visa appointment for later date at us consulate at Canada. He said that you need to show that at least your are trying to make an attempt to obtain visa,not just go back and forth. When I came back I made a visa reservation and kept a printout of it. Later you can cancel it. It just depends on the officer whom you enconter.
I even heard some officer even asked you to choose either Canadian PR or US PR if they know your AOS is pending but not both.
So, Its little tricky but don't get too scared. Be polite to the officer, have a printout of visa reservation and tell them that it takes at least 3 months to get an appointment and I have to travel to Canada in emergency(pr landing)
Thanks
Sts_seeker
I went to PR landing in Toronto in Oct07. No prob in Canadian Side. The issue is if you don't have stamped h1-B and are trying to use "AVR" rule, its scary. The officer harassed me and told me that I was trying to use the loophole of the system. He said that it's up to his discretion to let me in to USA. He highlighted the part in H-1b and made me read it as well. I had to talk about some excuse but would not listen. Finally he let me in and asked me to make sure and reserve a visa appointment for later date at us consulate at Canada. He said that you need to show that at least your are trying to make an attempt to obtain visa,not just go back and forth. When I came back I made a visa reservation and kept a printout of it. Later you can cancel it. It just depends on the officer whom you enconter.
I even heard some officer even asked you to choose either Canadian PR or US PR if they know your AOS is pending but not both.
So, Its little tricky but don't get too scared. Be polite to the officer, have a printout of visa reservation and tell them that it takes at least 3 months to get an appointment and I have to travel to Canada in emergency(pr landing)
Thanks
Sts_seeker
dresses Adam Levine Maroon 5 frontman
desi3933
07-10 03:52 PM
Folks, here is what I am able to gather by self employment
(1) One can be self employed
(2) 1099 or w2 - kinda tricky - most people I talked to do w2 and any profits they get after they take their salary are bonuses
(3) The job has to be legitimate - in the same or similar category - you must be doing duties that are similar in nature to your 140 petition
(4) What is meant by legitimate is - you must simply not be doing "nothing" - there must be income and you must be doing your duties.
Correct me if I am wrong
I agree with above and would like add one more
5. Job duties must match with original labor/I-140 conditions.
.
(1) One can be self employed
(2) 1099 or w2 - kinda tricky - most people I talked to do w2 and any profits they get after they take their salary are bonuses
(3) The job has to be legitimate - in the same or similar category - you must be doing duties that are similar in nature to your 140 petition
(4) What is meant by legitimate is - you must simply not be doing "nothing" - there must be income and you must be doing your duties.
Correct me if I am wrong
I agree with above and would like add one more
5. Job duties must match with original labor/I-140 conditions.
.
more...
makeup Adam Levine from Maroon 5
AllVNeedGcPc
04-14 08:35 AM
Thanks for posting your experience. Did you apply for your SIN and your PR card? Do you (or anyone else) have any info on how that's done or what the procedure is?
- Once you complete landing procedure at POE and provide your Canadian address, PR card will come automatically at your address in mail
- SIN (number printout) you can get instantly at any of the ServiceCanada centers. In Toronto, they have plenty of these centers in downtown (Bay street, lake shore blvd, yonge st ...). Card comes in mail
- Once you complete landing procedure at POE and provide your Canadian address, PR card will come automatically at your address in mail
- SIN (number printout) you can get instantly at any of the ServiceCanada centers. In Toronto, they have plenty of these centers in downtown (Bay street, lake shore blvd, yonge st ...). Card comes in mail
girlfriend Maroon 5 hottie Adam Levine
hiUS
09-09 10:16 AM
I actually spoke to Customer service and I got 2 very different responses.
1. Wait till you are an old man and then the cards may just come !! (Just Kidding ) she actually said wait for 90 days.
2. Another CSR told me that the TSC is having technical issues and they are not able to access the Biometric information on approved 485's in their systems. She advised me to download Form I-90 from the USCIS site and fill that in and send it in - if you have a minor on the petition then also send 2 passport size pictures of the minor - this will allow them to access the Biometric screen when they process the I-90. We will get Biometric notices and the Minor will get the card - the Grown ups will get the Cards after the Biometrics are uploaded.
I have not done this - eventhough I downloaded the I-90 forms - I took a INFOPASS appt and if they suggest that I should do a I-90 then I can get that done right on the spot - I am carrying the filled I-90 with me. Anyhow I-90 is usually submitted to correct errors on the card or to replace a card - however this woman sounded quite knowledgeable - but then there are issues realted to where the I-90 should be sent - this is specially complicated if your case has been transferred a few times like mine was.
Best is to check with the guys/gals at Infopass -meeting.
All this was from the rep at the TSC - so not sure if this is applicable to all centers.
AGAIN THIS IS WHAT I HEARD FROM THE TSC REP - PLEASE USE THIS INFORMATION AT YOUR OWN RISK - I AM NOT SENDING THE I-90 ON MY OWN.
I will post my Infoapss exp on the 9th of september.
Hi wait4ever,
Please post your Infopass experience when you are done with it today.
1. Wait till you are an old man and then the cards may just come !! (Just Kidding ) she actually said wait for 90 days.
2. Another CSR told me that the TSC is having technical issues and they are not able to access the Biometric information on approved 485's in their systems. She advised me to download Form I-90 from the USCIS site and fill that in and send it in - if you have a minor on the petition then also send 2 passport size pictures of the minor - this will allow them to access the Biometric screen when they process the I-90. We will get Biometric notices and the Minor will get the card - the Grown ups will get the Cards after the Biometrics are uploaded.
I have not done this - eventhough I downloaded the I-90 forms - I took a INFOPASS appt and if they suggest that I should do a I-90 then I can get that done right on the spot - I am carrying the filled I-90 with me. Anyhow I-90 is usually submitted to correct errors on the card or to replace a card - however this woman sounded quite knowledgeable - but then there are issues realted to where the I-90 should be sent - this is specially complicated if your case has been transferred a few times like mine was.
Best is to check with the guys/gals at Infopass -meeting.
All this was from the rep at the TSC - so not sure if this is applicable to all centers.
AGAIN THIS IS WHAT I HEARD FROM THE TSC REP - PLEASE USE THIS INFORMATION AT YOUR OWN RISK - I AM NOT SENDING THE I-90 ON MY OWN.
I will post my Infoapss exp on the 9th of september.
Hi wait4ever,
Please post your Infopass experience when you are done with it today.
hairstyles Adam Levine
kalyan
06-22 01:21 PM
this is the height of Desi consulting companies i.e body shoppers, blood suckers.
Guys, try to make a difference of moving from DESI hitch hock companies.
Good luck
Guys, try to make a difference of moving from DESI hitch hock companies.
Good luck
svgupta
05-23 12:43 PM
For those of you, who are still just browsing through the threads... wake up... this is the time when you can make a difference to NOT just your life... but others as well... who would thank you for your sincere efforts in fixing the broken immigration.
- Send emails
- Contribute
- Focus on burning issues, by avoiding to start a new low priority personal opinion threads/ seeking advice. You'll have all the time in this world later to have your personal queries answered
- Send emails
- Contribute
- Focus on burning issues, by avoiding to start a new low priority personal opinion threads/ seeking advice. You'll have all the time in this world later to have your personal queries answered
EkAurAaya
10-30 03:46 PM
Sorry if this has already been posted
_____________________________
(c) Validity after Revocation or Withdrawal . Pursuant to the provisions of section 106(c) of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313, the approval of a Form I-140 employment-based (EB) immigrant petition shall remain valid when an alien changes jobs, if:
� A Form I-485, Application to Adjust Status, on the basis of the EB immigrant petition has been filed and remained unadjudicated for 180 days or more; and
� The new job is in the same or similar occupational classification as the job for which the certification or approval was initially made.
If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation. If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment.
Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer o f employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.
If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the USCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. 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.
Source: http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=3b9e27203295497d6f67778ecf8a4 0f9
_____________________________
(c) Validity after Revocation or Withdrawal . Pursuant to the provisions of section 106(c) of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313, the approval of a Form I-140 employment-based (EB) immigrant petition shall remain valid when an alien changes jobs, if:
� A Form I-485, Application to Adjust Status, on the basis of the EB immigrant petition has been filed and remained unadjudicated for 180 days or more; and
� The new job is in the same or similar occupational classification as the job for which the certification or approval was initially made.
If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation. If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment.
Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer o f employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.
If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the USCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. 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.
Source: http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=3b9e27203295497d6f67778ecf8a4 0f9
No comments:
Post a Comment