Sammo
08-23 03:25 PM
Wow - thanks for all the votes on mine :)
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abandookwala63
02-03 12:54 PM
My lawyer advises that there's no point in sending information to USCIS unless they ask for it, or is required by law or regulations. The chances of such unsolicited information making it to your files, or being acted upon are slim to none. If you wish, you could send the AC21 information on your own. Retaining a lawyer to send this information, and paying them a few hundred bucks to do so is sheer waste of money, in my opinion. There's no guarantee that it will avoid an RFE. USCIS does not have the time or resources to process unsolicited information. You should hire a lawyer (and have them submit a G-28) if you wish to transfer your representation to a new lawyer, and tell them that they are being retained to respond to RFEs and such. This "AC21 letter" thing is something that lawyers have come up with...its not necessary, and even if it is, you can do it yourself...all you need is an employment verification letter from your new employer.
I am in the same boat. My lawyer told me to sent AC21 notification to USCIS as I am on H1 and never used EAD. He told me that my old employer will not revoke I-140 but he will cancel my H1B which is valid till 2010 and they will come to know about your status(change in job) and incase at the time of interview they ask for paystubs how r u going to produce it as u are not working for him. Please give ur inputs as I may be wrong.
I am in the same boat. My lawyer told me to sent AC21 notification to USCIS as I am on H1 and never used EAD. He told me that my old employer will not revoke I-140 but he will cancel my H1B which is valid till 2010 and they will come to know about your status(change in job) and incase at the time of interview they ask for paystubs how r u going to produce it as u are not working for him. Please give ur inputs as I may be wrong.
arihant
10-26 10:42 AM
I have a question: How many months in advance should you apply for H1 extension? Do you get extension from the date you applied or from date when your H1 expires?
1) You can apply up to 6 months before your H1 expires.
2) You get extension from the date your previous H1 expires.
1) You can apply up to 6 months before your H1 expires.
2) You get extension from the date your previous H1 expires.
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gjoe
10-05 12:04 PM
Because his RD is before yours. When a PD is current , GC is isssued based on RD.So if your PD is May 2002, but RD is July 2007. and another guys PD is May 2004 but his RD is June 2007...The other guy will get GC first.
In july uscis assigned visa numbers to variious cases with older RD regardless of PD.Hence, you will see approvals in the coming month, inspite of the fact that their PD is not current.
For no fault of mine why should I suffer? I didn't file in July2007 because I didn't want to do it earlier. It was USCIS fault for not being able to come up the correct cuoff dates and DOL's problem in approving Labor certs with two different systems.
I think bad managment affecting your life is a good reason for sueing for damage
In july uscis assigned visa numbers to variious cases with older RD regardless of PD.Hence, you will see approvals in the coming month, inspite of the fact that their PD is not current.
For no fault of mine why should I suffer? I didn't file in July2007 because I didn't want to do it earlier. It was USCIS fault for not being able to come up the correct cuoff dates and DOL's problem in approving Labor certs with two different systems.
I think bad managment affecting your life is a good reason for sueing for damage
more...
USDream2Dust
07-20 02:30 PM
Folks, I have been reading this. My lawyer send me G325 only. I haven't filed as of yet. Should I file G325A instead.
mbartosik
11-16 04:13 PM
To answer Munna Bhai's question:
Visa bulletin:
This determines which priority dates USCIS may accept applications for (I485). It is also used to determine which applications by priority date USCIS may issue GC for.
Processing times:
https://egov.uscis.gov/cris/jsps/ptimes.jsp
Shows when you can expect that USCIS gets round to processing an application once they have received it. This is meant to be based on receipt date for that application. They may randomly process it sooner. They many complete processing later if there is a problem. Most applications with receipt dates stated in the processing times page should have completed most processing.
To get GC, visa bulletin date must be current, AND USCIS must have processed paperwork, AND there be no problems or outstanding RFE.
Oh, I nearly forgot, AND pigs must fly!
Visa bulletin:
This determines which priority dates USCIS may accept applications for (I485). It is also used to determine which applications by priority date USCIS may issue GC for.
Processing times:
https://egov.uscis.gov/cris/jsps/ptimes.jsp
Shows when you can expect that USCIS gets round to processing an application once they have received it. This is meant to be based on receipt date for that application. They may randomly process it sooner. They many complete processing later if there is a problem. Most applications with receipt dates stated in the processing times page should have completed most processing.
To get GC, visa bulletin date must be current, AND USCIS must have processed paperwork, AND there be no problems or outstanding RFE.
Oh, I nearly forgot, AND pigs must fly!
more...
TheCanadian
11-26 12:58 AM
Yours is sweet by the way.
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gsc999
07-17 02:38 PM
http://blogs.ilw.com/gregsiskind/2007/07/immigration-v-1.html#comment-76176292
--
I couldn't help post a reply. I was trying not to add to the buzy server traffic.
Isn't it amazing, thousands of people are waiting with bated breath for the USCIS update news and some idiot opens a new threads to start a baseless rumor. And claims that news comes from Greg. This so called news as it turns out is a comment by some troll "south" on Greg's website.
Our friend here who opened this thread fails to even see the connection between the id handle "south" and his post" going south." Honestly, things like this make you wonder, how can such people call themselves highly skilled.
--
I couldn't help post a reply. I was trying not to add to the buzy server traffic.
Isn't it amazing, thousands of people are waiting with bated breath for the USCIS update news and some idiot opens a new threads to start a baseless rumor. And claims that news comes from Greg. This so called news as it turns out is a comment by some troll "south" on Greg's website.
Our friend here who opened this thread fails to even see the connection between the id handle "south" and his post" going south." Honestly, things like this make you wonder, how can such people call themselves highly skilled.
more...
jonty_11
05-07 02:04 PM
Please let us/me know ASAP.
no details yet but in the past the regulations that have been related to immigration and have not been clear - Like labor substitution have been prone to abuse.....
I am suspecting they will tighten the AC21 just like they abolished labor substitution.
no details yet but in the past the regulations that have been related to immigration and have not been clear - Like labor substitution have been prone to abuse.....
I am suspecting they will tighten the AC21 just like they abolished labor substitution.
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gg_ny
08-21 03:23 PM
You are saying ur PD was Sec 2005? Mine is Dec 2005. Should I also expect it sometime soon :)?
We all can expect and keep expecting ;-) My PD is Nov 2004 (EB2 NIW), RD for 485 is Aug 2005. Who knows, you could be luckier and FBI likes your name... They seemed to be not liking mine though.
We all can expect and keep expecting ;-) My PD is Nov 2004 (EB2 NIW), RD for 485 is Aug 2005. Who knows, you could be luckier and FBI likes your name... They seemed to be not liking mine though.
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docwa
04-10 01:29 PM
HI I am a physician (hospitalist) whose labor was under the catagory 'Internist' job code. The fellowship I am considering is open only to internist. I am also planning to moonlight as an internist while in fellowship. Would it be acceptable from the I485 point of view? Incidentally my I140 was approved more the 180 days ago.
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Aah_GC
05-30 03:46 PM
Also when quitting what is the must-have documents we need to secure before leaving employer X.
Can someone please reply on this
If you can get your hands on photocopies of Labor certificate, that would be awesome. Otherwise, make sure you at least have the following -
1. Experience letter (with last day of attendance)
2. I140 receipt
3. I485 receipt
4. Paystubs for 6 months of employment post I1485 receive date
You are good to go from there.
Can someone please reply on this
If you can get your hands on photocopies of Labor certificate, that would be awesome. Otherwise, make sure you at least have the following -
1. Experience letter (with last day of attendance)
2. I140 receipt
3. I485 receipt
4. Paystubs for 6 months of employment post I1485 receive date
You are good to go from there.
more...
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snathan
05-19 12:59 PM
You just have to justify by saying, you have been in US on H1B visa and you came back after you have completed your project. Aftre that it is upto consulate.
I dont think H1B was the reson behind this denial. Remember the law suit against infy for B1 visa...
I dont think H1B was the reson behind this denial. Remember the law suit against infy for B1 visa...
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checklaw
07-13 11:36 AM
Checklaw,
By Law, you must apply for an intended travel.
However it has been routine practice to get AP renewed because if there is an emergency and on your return if your GC is approved AP is handy.
I am July 2007 filer. I applied in 2007. Did not apply in 2008 (had a valid h1b visa stamped in Passport which expires in Sep 2009) and re applied in 2009. No Issues.
Thanks
Senthil
Thanks for responding akilaakka. I have always understood the emergency part and urgent travel part for AP renewal. As renewing AP for family is pretty expensive, what am trying to understand is:
Should one renew AP if there is no travel anticipated just to satisfy any legal mumbo jumbo?
Your scenario appears to be different in the sense you indicated you still have a unexpired valid visa stamped in passport.
Are AP extension gaps fine with respect to expired or no H1B visa.
BR
checklaw
By Law, you must apply for an intended travel.
However it has been routine practice to get AP renewed because if there is an emergency and on your return if your GC is approved AP is handy.
I am July 2007 filer. I applied in 2007. Did not apply in 2008 (had a valid h1b visa stamped in Passport which expires in Sep 2009) and re applied in 2009. No Issues.
Thanks
Senthil
Thanks for responding akilaakka. I have always understood the emergency part and urgent travel part for AP renewal. As renewing AP for family is pretty expensive, what am trying to understand is:
Should one renew AP if there is no travel anticipated just to satisfy any legal mumbo jumbo?
Your scenario appears to be different in the sense you indicated you still have a unexpired valid visa stamped in passport.
Are AP extension gaps fine with respect to expired or no H1B visa.
BR
checklaw
more...
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webm
03-19 02:32 PM
RD is also not a reliable predictor since there are people who have been approved who applied for AOS in July 2007 while those who had applied prior to this are still waiting to see the light.
It is a random process for sure.
yes looks like its a random pick..
There are guys which got and not got (waiting) even PD is current and RD not fall under processing dates.Its kind of mixed possibles!!
It is a random process for sure.
yes looks like its a random pick..
There are guys which got and not got (waiting) even PD is current and RD not fall under processing dates.Its kind of mixed possibles!!
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dvb
12-10 11:16 AM
Hi All,
Just posting my experience of traveling on AP as a reference for others:
I traveled to Japan on a business visit with all 3 copies of my AP , and on return stood in the normal visitor line. When I came up to the officer, he said I should go to the "new immigrants" line, since only those officers have the necessary parole stamps.
In the other line, the officer said it was good that I brought all three copies, since they stamp all three, keep one original for themselves and return two back. The next time I travel, they will stamp the two I have, keep one and return one to me. After that, they will stamp the one original I have left, and make copies for themselves.
The officer did not ask any special questions, except which city I stay in, the rest of it was just chit-chat.
Simple process, no hassles.
Enjoy!
Just posting my experience of traveling on AP as a reference for others:
I traveled to Japan on a business visit with all 3 copies of my AP , and on return stood in the normal visitor line. When I came up to the officer, he said I should go to the "new immigrants" line, since only those officers have the necessary parole stamps.
In the other line, the officer said it was good that I brought all three copies, since they stamp all three, keep one original for themselves and return two back. The next time I travel, they will stamp the two I have, keep one and return one to me. After that, they will stamp the one original I have left, and make copies for themselves.
The officer did not ask any special questions, except which city I stay in, the rest of it was just chit-chat.
Simple process, no hassles.
Enjoy!
more...
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pappu
08-15 11:30 AM
I am not sure whether to go for EB2 filing in PERM or wait one more year to file i485 (hope PD will reach 2003 september by next year october ). Even if i start EB2 perm now it's going to take at least one year to clear labor and i140 (if every thing smooth).
EB2 is unavailable rt now and will be severely backlogged due to cases coming from BEC. When eb3 got backlogged, several people filed quickly as eb2 in order to get eb2 benefit. However now that eb2 is unavailable it is tough to say if when it becomes available it will actually move fast at all. With BEC cases coming up, there is a chance it will be stalled at jan 2003 or earlier in order to allow old cases to be cleared. this will be enough for India quota be over.
EB3 is available rt now however the wait is very long and will move slow.
in this scenario, prioirity dates are most important than eb2 vs eb3. both are likely to be heavily backlogged anyways for india.
lets hope some immigration relief happens soon so that we dont live in such tension.
EB2 is unavailable rt now and will be severely backlogged due to cases coming from BEC. When eb3 got backlogged, several people filed quickly as eb2 in order to get eb2 benefit. However now that eb2 is unavailable it is tough to say if when it becomes available it will actually move fast at all. With BEC cases coming up, there is a chance it will be stalled at jan 2003 or earlier in order to allow old cases to be cleared. this will be enough for India quota be over.
EB3 is available rt now however the wait is very long and will move slow.
in this scenario, prioirity dates are most important than eb2 vs eb3. both are likely to be heavily backlogged anyways for india.
lets hope some immigration relief happens soon so that we dont live in such tension.
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gc_in_30_yrs
10-26 09:09 AM
i got my receipt number in 1 1/2 weeks time. i applied on 10/11/2006 and got the receipt number on 10/25/2006
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asharda
07-13 10:47 AM
Its a good idea but make sure you guyz are comfortable. It must be hot out there.
Have every one wear white as the color of peace/silent protest/sadness.
Have every one wear white as the color of peace/silent protest/sadness.
wellwishergc
04-10 07:01 PM
I think since your labor is cleared, you should be fine with going ahead with the H1 extension for 1 year. As I said, if you had your I-140 cleared, then you could have applied for a 3 year extension. The 365 day rule applies in case your labor is in the pending state. Let us assume that your labor is NOT approved. In such a case your labor should be pending more than 365 days prior to the expiry date of your current H1B. If not, you are not eligible for extension and you have to leave the country. Your case is different.
Please consult an attorney such as Murthy or Rajeev Khanna to get a confirmed approach.. They may charge you 100$ for a half an hour to 1 hour consultation, but it will be worth it. Better be right at the outset than be sorry later.
Thanks wellwishergc,
I need to clarify one thing though, my I-140 (which will be applied soon) is not pending for more than 365 days. Am I still eligible to file for 7th year?
Other thing is I also have a LC pending in PBEC (AD March 2005), but I am not with that employer and do not have any document/case number for that LC. Chances of getting these the that employer are bleak.
-Madhuri
Please consult an attorney such as Murthy or Rajeev Khanna to get a confirmed approach.. They may charge you 100$ for a half an hour to 1 hour consultation, but it will be worth it. Better be right at the outset than be sorry later.
Thanks wellwishergc,
I need to clarify one thing though, my I-140 (which will be applied soon) is not pending for more than 365 days. Am I still eligible to file for 7th year?
Other thing is I also have a LC pending in PBEC (AD March 2005), but I am not with that employer and do not have any document/case number for that LC. Chances of getting these the that employer are bleak.
-Madhuri
optimystic
04-21 03:07 PM
One of my colleagues with RD July 27th at NSC got his approval last monday. He is EB2 - I. And the processing dates at NSC is not current for him either.
My RD is July 30th at NSC !! Hoping for good news soon !
My RD is July 30th at NSC !! Hoping for good news soon !
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