pcs
11-15 12:28 PM
You should try for emergency appointment & should be able to get it based on approved 797.
By the way, my Canadian PR is maturing & I am asked to pay landing fee & do the medical by 1st Jan 2007. Can I pay the landing fee in time but delay the medical without compromising Canadian PR ? I want postpone my landing. Can you please share your advise ??
Thanks
By the way, my Canadian PR is maturing & I am asked to pay landing fee & do the medical by 1st Jan 2007. Can I pay the landing fee in time but delay the medical without compromising Canadian PR ? I want postpone my landing. Can you please share your advise ??
Thanks
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boreal
09-23 12:07 PM
Hi boreal,
I had a problem with my wifes AP- they had not acted on it for 4 months I asked them to expedite it since we wanted to visit my father in law who was hospitalized for a medical condition- they did not respond to that request so I contacted my Senators office and asked if they could assist in this matter. They asked me for some medical documentation and faxed it to USCIS.. I noticed yesterday that her online status had changed to document mailed..we are still to get it but are optimistic that we should receive it soon.
In the absence of any compelling circumstances though I am not sure how it would work. but I would definitely recommend contacting your Senators office.
Thanks seeking_GC..i dont have such emergencies though...not visiting home country for four years probably wont qualify as an emergency :-)
I had a problem with my wifes AP- they had not acted on it for 4 months I asked them to expedite it since we wanted to visit my father in law who was hospitalized for a medical condition- they did not respond to that request so I contacted my Senators office and asked if they could assist in this matter. They asked me for some medical documentation and faxed it to USCIS.. I noticed yesterday that her online status had changed to document mailed..we are still to get it but are optimistic that we should receive it soon.
In the absence of any compelling circumstances though I am not sure how it would work. but I would definitely recommend contacting your Senators office.
Thanks seeking_GC..i dont have such emergencies though...not visiting home country for four years probably wont qualify as an emergency :-)
sledge_hammer
07-01 12:43 PM
I am in the same situation currently.
My company's attorneys believe that mine is not an AC21 case because I am going from Software Engineer (per PERM) to Lead Software Engineer, with substantial pay hike.
They are sending me papers for H-1B amendment and extension only (extension because my H-1B will expire soon).
Why is there a need to invoke AC21 in your case? Is there substantial change in responsibilities?
I am also in a simlar situation except that the job location is same but job position going to be Sr. Programmer analyst for the same employer who is sponsoring my GC and for whom i am working for last 6 + yrs.
According to our company attorney and HR, i am eligible for promotion using the AC-21 and they are preparing my AC-21 package to USCIS.
In the AC-21 letter to USCIS it is clearly mentioned that i will be using AC-21 provision of the immigration law to accept the new position for the same employer. HR also verified that this is a natural progression for my job position.
Anyways i would suggest please talk to your HR and company attorney as they would know the best course of action for you. Remember in the immigration world even if you think u r into similar situation with other person, it may not be true in all cases.
My company's attorneys believe that mine is not an AC21 case because I am going from Software Engineer (per PERM) to Lead Software Engineer, with substantial pay hike.
They are sending me papers for H-1B amendment and extension only (extension because my H-1B will expire soon).
Why is there a need to invoke AC21 in your case? Is there substantial change in responsibilities?
I am also in a simlar situation except that the job location is same but job position going to be Sr. Programmer analyst for the same employer who is sponsoring my GC and for whom i am working for last 6 + yrs.
According to our company attorney and HR, i am eligible for promotion using the AC-21 and they are preparing my AC-21 package to USCIS.
In the AC-21 letter to USCIS it is clearly mentioned that i will be using AC-21 provision of the immigration law to accept the new position for the same employer. HR also verified that this is a natural progression for my job position.
Anyways i would suggest please talk to your HR and company attorney as they would know the best course of action for you. Remember in the immigration world even if you think u r into similar situation with other person, it may not be true in all cases.
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max714
04-09 10:48 PM
I am currently on H1 and have EAD through my wife (>180 d) (EB3 5/04). I am in a catch 22 situation. I am gettting a fellowship in one of the best program in the nation.
The problem is they dont want to sponser H1. Now if I utilize the EAD then there is always a risk associated. ALso my wife have to use AC21 to move to this place as well.
Have anybody been in this situation before? Is there anything to negotiate to push them to sponser H1b for me. Can you get H1b from a moonlighting position?
I'd appreciate the help. I really want to join this place and feel that they also really want me as a fellow. They just dont have enough courage to speak up in front of hospital corporate offices.
A different view regardless of EAD/H1 rules: don't be nice guy accepting whatever employer tells you. Negotiate and don't underestimate your value.
The problem is they dont want to sponser H1. Now if I utilize the EAD then there is always a risk associated. ALso my wife have to use AC21 to move to this place as well.
Have anybody been in this situation before? Is there anything to negotiate to push them to sponser H1b for me. Can you get H1b from a moonlighting position?
I'd appreciate the help. I really want to join this place and feel that they also really want me as a fellow. They just dont have enough courage to speak up in front of hospital corporate offices.
A different view regardless of EAD/H1 rules: don't be nice guy accepting whatever employer tells you. Negotiate and don't underestimate your value.
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Prashant
05-28 06:26 PM
Hello,
I have recently taken an appoinment at chennai consulate for nov.. I had been looking into these dates for some time .. The website was showing october dates 2 weeks ago and once in a whle sept dates .. but recently they moved on to nov dates .. I guess oct dates might be full .. but could open up now and then as people withdraw and reschedule appoinments .. as of now i guess nov dates are available for appoinment
I have recently taken an appoinment at chennai consulate for nov.. I had been looking into these dates for some time .. The website was showing october dates 2 weeks ago and once in a whle sept dates .. but recently they moved on to nov dates .. I guess oct dates might be full .. but could open up now and then as people withdraw and reschedule appoinments .. as of now i guess nov dates are available for appoinment
javadeveloper
09-27 04:30 PM
Hi All,
I received the I-485 reciept notice yesterday from my lawyer (see below for my info), but the alien number on I-485 is different from the number on my approved I-140. My I-140 has a number starting with A099, but my I-485 reciept notice has a number starting with A088. Someone in this forum mentioned that A099 is for the primary applicant and A088 is for the dependant. I am the primary applicant for I-485, so if it is true, I should get A099, not A088. I am not sure if I can have two different alien numbers or if this is a mistake by USCIS. Is anyone in the same situation?
I am sorry if this issue is discussed previously (I couldn't find the related thread). I would greatly appreciate your input.
Thank you very much.
-------------------------------------------------------------
EB1 ROW
PD: 08/2006
140: approved in 06/2007 (NSC)
485 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
765 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
131 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
FP notice recieved on 09/24/07
FP appointment (self and spouse): 10/16/07
I have same issue:
My paralegals response:
He gave USCIS's Ph# and asked me to call them
USCIS's response:
Don't worry , during 485's approval time USCIS will find that I have two A#'s and consolidate those two numbers.
Now as per other members , do I need to raise this issue with IO at the time of Finger printing??? If we do what we can expect from IO at FP office?
I received the I-485 reciept notice yesterday from my lawyer (see below for my info), but the alien number on I-485 is different from the number on my approved I-140. My I-140 has a number starting with A099, but my I-485 reciept notice has a number starting with A088. Someone in this forum mentioned that A099 is for the primary applicant and A088 is for the dependant. I am the primary applicant for I-485, so if it is true, I should get A099, not A088. I am not sure if I can have two different alien numbers or if this is a mistake by USCIS. Is anyone in the same situation?
I am sorry if this issue is discussed previously (I couldn't find the related thread). I would greatly appreciate your input.
Thank you very much.
-------------------------------------------------------------
EB1 ROW
PD: 08/2006
140: approved in 06/2007 (NSC)
485 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
765 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
131 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
FP notice recieved on 09/24/07
FP appointment (self and spouse): 10/16/07
I have same issue:
My paralegals response:
He gave USCIS's Ph# and asked me to call them
USCIS's response:
Don't worry , during 485's approval time USCIS will find that I have two A#'s and consolidate those two numbers.
Now as per other members , do I need to raise this issue with IO at the time of Finger printing??? If we do what we can expect from IO at FP office?
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brain_implosion
12-13 10:05 PM
HAs anyone used CC after primary 485 filed? I got married this year, spouse from non retrogressed country, but 485 filed in July 07. Does any one have exp with this?
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bbenhill
07-09 05:15 PM
PM me ur email address. I will send u the reply via email :-)
Thx
1. My parents included their Indonesian bank statement in rupiah. And they went to US embassy in Jakarta, their hometown. Does it make a difference to go to other city after they got rejected twice? If so, which one?
2. I had never gone back to Indonesia since I got the asylum. I'm not supposed to although I have already got my greencard. In fact, VO asked them if I ever went back to Indonesia. And my parents said no.
3. I didn't include my US bank statement because my parents self-sponsor themselves. I don't have much anyway to sponsor them.
Please let me know your advice. Thank you so much.
Thx
1. My parents included their Indonesian bank statement in rupiah. And they went to US embassy in Jakarta, their hometown. Does it make a difference to go to other city after they got rejected twice? If so, which one?
2. I had never gone back to Indonesia since I got the asylum. I'm not supposed to although I have already got my greencard. In fact, VO asked them if I ever went back to Indonesia. And my parents said no.
3. I didn't include my US bank statement because my parents self-sponsor themselves. I don't have much anyway to sponsor them.
Please let me know your advice. Thank you so much.
more...
joydiptac
04-21 02:44 PM
Hey don't get too hasty here.
You are lucky that you are on extended LOP. Try to stay as long as you can on this. This is 100% legal. In parallel look for a job.
Here are my answers:
I am currently on my 9th year h1..my 140 is approved..and i am not a june 2007 filer..H1 valid till may 2010
My spouse is on H1..can i switch over H4..
Yes but why?
> My company had not "officially" laid me off.. i am on an extended LOP.. and since there is no time limit of LOP on H1.. i am sure i cannot be on LOP for ever..;-)..its been 2 weeks..and i dont want to become illegal now..
so here is my dilemma::confused:
a.) If i switch to H4 and after few months i get a project..can i go back to H1..->
No. H1 has to be refiled.
b.) Can i file for H4 on my own..is it complicated?
Yes and Not complicated (I haven't done this but I have seen the application).
c.) if i change to H4..and my PD becomes current (PD Dec 2005)
.) Can i file for AOS..as my 140 is approved..
NO. Your GC is based on your employer. If you are on H4 => you are not on H1 => you are not working for the company. Therfore cannot use (AOS, is my understanding) and the same 140 to file I485. However if you start a new GC process then you should be able to breeze thru the system i.e. labor, 140 etc. That time you need to get the priority date of your previous labor since your 140 is approved - a lawyer will tell you how.
.) Suppose i go back to desh ..can i file for consular processing..if my PD become current
I don't know this one clearly. This may be possible if the company for which your 140 was applied says that they still have the position open for you.
thank you!
BTW are you from IT BHU?
You are lucky that you are on extended LOP. Try to stay as long as you can on this. This is 100% legal. In parallel look for a job.
Here are my answers:
I am currently on my 9th year h1..my 140 is approved..and i am not a june 2007 filer..H1 valid till may 2010
My spouse is on H1..can i switch over H4..
Yes but why?
> My company had not "officially" laid me off.. i am on an extended LOP.. and since there is no time limit of LOP on H1.. i am sure i cannot be on LOP for ever..;-)..its been 2 weeks..and i dont want to become illegal now..
so here is my dilemma::confused:
a.) If i switch to H4 and after few months i get a project..can i go back to H1..->
No. H1 has to be refiled.
b.) Can i file for H4 on my own..is it complicated?
Yes and Not complicated (I haven't done this but I have seen the application).
c.) if i change to H4..and my PD becomes current (PD Dec 2005)
.) Can i file for AOS..as my 140 is approved..
NO. Your GC is based on your employer. If you are on H4 => you are not on H1 => you are not working for the company. Therfore cannot use (AOS, is my understanding) and the same 140 to file I485. However if you start a new GC process then you should be able to breeze thru the system i.e. labor, 140 etc. That time you need to get the priority date of your previous labor since your 140 is approved - a lawyer will tell you how.
.) Suppose i go back to desh ..can i file for consular processing..if my PD become current
I don't know this one clearly. This may be possible if the company for which your 140 was applied says that they still have the position open for you.
thank you!
BTW are you from IT BHU?
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yabadaba
07-13 02:23 PM
chandu check ur pm
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styrum
11-10 04:44 PM
Thanks folks for all the replies. I got to know finally that the employer can setup the LC to provide for any relocation. It looks like my employer usually does that so that the employees does not loose out in a relocation scenario.
Thanks for all the inputs
Please somebody clarify how exactly this is done with PERM. If it's a consulting company, should all advertisement, PWD and Job Order be done in the location of the main office? The job location indicated on the PERM should also then be the main office, but the job description must mention that projects may be located all over US? There is really no place on the PERM form for "alternate" location. Where is that exception for consulting companies mentioned? Can somebody please clarify?
Thanks for all the inputs
Please somebody clarify how exactly this is done with PERM. If it's a consulting company, should all advertisement, PWD and Job Order be done in the location of the main office? The job location indicated on the PERM should also then be the main office, but the job description must mention that projects may be located all over US? There is really no place on the PERM form for "alternate" location. Where is that exception for consulting companies mentioned? Can somebody please clarify?
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ItIsNotFunny
04-27 12:39 PM
I think even if the EB2 I-140 is already approved, you still could port the PD, but most important thing is you need your EB3 I-140 approved for porting the PD. Please talk to a good lawyer.
This is correct as per my knowledge.
This is correct as per my knowledge.
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lost_in_migration
05-14 08:28 PM
Thats the spirit
I will support IV even i have Gc .GO IV.
I will support IV even i have Gc .GO IV.
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sanju
04-08 05:37 PM
Trying to reach you guys for a while now.
1. How many active users are there as of today.
2. What are the media we have connection with.
Thanks.
I saw your questions earlier and knew the answers as they are available online. I ignored your questions earlier in the day, now I am glad that I did because you deserve answers to anything.
Get lost.
.
1. How many active users are there as of today.
2. What are the media we have connection with.
Thanks.
I saw your questions earlier and knew the answers as they are available online. I ignored your questions earlier in the day, now I am glad that I did because you deserve answers to anything.
Get lost.
.
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paskal
08-16 08:40 PM
hello WA members,
we need to get this chapter up and running again.
anyone still coordinating efforts?
anyone interested in getting things going again?
we need to get this chapter up and running again.
anyone still coordinating efforts?
anyone interested in getting things going again?
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fittan
03-16 06:27 PM
GCPagla,
Job title doesn't have to be the same. The requirement is "same or similar" job. I am in the IT networking...network admin, system admin, network engineer, system engineer, IT consultant, network consultant are all the same. The key is that the job description is similar...there are no guidelines basically its all common sense. For you to go from programmer analyst to development is perfectly ok.
I've not done AC21 before. But if I do, here's what I'll do...Compare your labor description with the new job requirements. They should be similar. Prepare a AC21 letter that list the common and general requirements and send it to the USCIS. They are no official forms and some people even say that this letter is not necessary. However, I think it is important to cover your behind. Make sure this letter is certified, registered so that if anything happens you can prove that you did inform them and ported your I-140 to the new company.
Fittan
Job title doesn't have to be the same. The requirement is "same or similar" job. I am in the IT networking...network admin, system admin, network engineer, system engineer, IT consultant, network consultant are all the same. The key is that the job description is similar...there are no guidelines basically its all common sense. For you to go from programmer analyst to development is perfectly ok.
I've not done AC21 before. But if I do, here's what I'll do...Compare your labor description with the new job requirements. They should be similar. Prepare a AC21 letter that list the common and general requirements and send it to the USCIS. They are no official forms and some people even say that this letter is not necessary. However, I think it is important to cover your behind. Make sure this letter is certified, registered so that if anything happens you can prove that you did inform them and ported your I-140 to the new company.
Fittan
more...
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rc0878
09-23 09:58 AM
what does the priority date column on the recipt notice say?
Does it show the actual priority date or is it blank or something else?
Does it show the actual priority date or is it blank or something else?
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jonty_11
01-18 01:05 PM
No actually its seems different from the receipt numbers which usually starts with SRC-xxxxxxxxxx
This one seems different like : PIT-xxxxxxxxxxTSC
It doesn't seems to work anywhere.
did u call 18003755283....and given them this receipt number...
This one seems different like : PIT-xxxxxxxxxxTSC
It doesn't seems to work anywhere.
did u call 18003755283....and given them this receipt number...
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siddar
09-04 11:09 AM
That means, after the forms signed, you got one year to apply for 485. Once applied, USCIS may request for another medical after 18 months.
This is my understanding....
This is my understanding....
virginia_desi
05-15 12:15 PM
Thanks for your reply.
My understanding is there can be only one AOS at any time.
- So if the AOS is applied based on the EB3 140, can another AOS be filed based on EB2?
- If a AOS has been applied based on EB3, can it be "upgraded" to EB2 ??
Thanks.
There can only one AOS as the main beneficiary. You can have another AOS where you are a dependent or may be a family based AOS.
Once AOS is filed under EB3, it can't be simply upgraded to EB2.
However, what happens if one gets a RFE on I-140 and there is a pending I-485. Are you allowed to refile using EB3 approved petition if the dates are still current for EB3?
My understanding is there can be only one AOS at any time.
- So if the AOS is applied based on the EB3 140, can another AOS be filed based on EB2?
- If a AOS has been applied based on EB3, can it be "upgraded" to EB2 ??
Thanks.
There can only one AOS as the main beneficiary. You can have another AOS where you are a dependent or may be a family based AOS.
Once AOS is filed under EB3, it can't be simply upgraded to EB2.
However, what happens if one gets a RFE on I-140 and there is a pending I-485. Are you allowed to refile using EB3 approved petition if the dates are still current for EB3?
mishras
05-14 10:49 AM
This is not a joke, we have received this querry, and are seeking some helpful advice.
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