ujjwal_p
06-10 02:19 AM
Received RFE for primary applicant (myself) and spouse.
Please submit evidence of lawful presence from October 1998 until August 17, 2007.
The documents may include the following:
A) a photo copy of form I-797 for all extensions and change of status
B) photo copy of form I-20 or IAP66 school records (front and back) including all school annotations
c) Photocopy (front and back) of applicant's Form I-94 Arrival/Departure Record
Below is my immigration timeline
CLASS ------ VALID FROM ------ VALID TO ------ Comments
H1-B -------- 5/16/1995 -------- 5/17/1998
H1-B -------- 5/17/1998 -------- 5/17/2001
H1-B -------- 12/23/1999 ------- 6/30/2001
H1-B -------- 7/1/2001 --------- 9/30/2001
0-1 --------- 10/3/2001 ------ 10/1/2004 ------ Stamped in Chennai
EAD --------- 8/4/2004 -------- 8/3/2005 ------- EB1 denied 1/15/2005
0-1 --------- 5/13/2005 ------- 5/12/2008 ------ Stamped in Chennai
0-1 --------- 4/3/2007 --------- 3/13/2010
0-1 ---------- 5/2/2207 --------- 5/12/2009
After 1/15/05 (EB-1 denial)
- Left the country on 6/15/05 (less than 6 months)
- During this time, applied for O-1 visa and got approved
- Got visa stamping in Chennai with O-1 visa
Do you see any issues with my response ?
Pretty long timeline and multiple visa types. Not sure how O-1 works and whether it is a dual intent visa. In any case, looks like the RFE is pretty straight forward and they only need the historical documents, possibly because the record is pretty long.
**- This is not legal advise.
Please submit evidence of lawful presence from October 1998 until August 17, 2007.
The documents may include the following:
A) a photo copy of form I-797 for all extensions and change of status
B) photo copy of form I-20 or IAP66 school records (front and back) including all school annotations
c) Photocopy (front and back) of applicant's Form I-94 Arrival/Departure Record
Below is my immigration timeline
CLASS ------ VALID FROM ------ VALID TO ------ Comments
H1-B -------- 5/16/1995 -------- 5/17/1998
H1-B -------- 5/17/1998 -------- 5/17/2001
H1-B -------- 12/23/1999 ------- 6/30/2001
H1-B -------- 7/1/2001 --------- 9/30/2001
0-1 --------- 10/3/2001 ------ 10/1/2004 ------ Stamped in Chennai
EAD --------- 8/4/2004 -------- 8/3/2005 ------- EB1 denied 1/15/2005
0-1 --------- 5/13/2005 ------- 5/12/2008 ------ Stamped in Chennai
0-1 --------- 4/3/2007 --------- 3/13/2010
0-1 ---------- 5/2/2207 --------- 5/12/2009
After 1/15/05 (EB-1 denial)
- Left the country on 6/15/05 (less than 6 months)
- During this time, applied for O-1 visa and got approved
- Got visa stamping in Chennai with O-1 visa
Do you see any issues with my response ?
Pretty long timeline and multiple visa types. Not sure how O-1 works and whether it is a dual intent visa. In any case, looks like the RFE is pretty straight forward and they only need the historical documents, possibly because the record is pretty long.
**- This is not legal advise.
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knowDOL
05-19 10:22 AM
I agree with GCBy3000. You can't be so straight forward with your employer that you will not work with him after this contract, after all he is sponsoring your future permanent job in United States. That said, you can always act smart and leave company after 6 months filing of I485. Tell him that you will be with him and if your PD is current you should file your I140 and I485 both now. If you are not in good terms with him, there is every possibility that you lose everything you gained including your PD.
If he is not wiling to file I485 even though your PD is current, talk to him and be in good terms with his so he files it, because it is worth it. PD current means a lot. Even if you I140 is approved and if you change company, you can keep the PD but only if he does not use that LC for some one else. Don't create an opening for him to make more money for your position replacing you.
If he is not wiling to file I485 even though your PD is current, talk to him and be in good terms with his so he files it, because it is worth it. PD current means a lot. Even if you I140 is approved and if you change company, you can keep the PD but only if he does not use that LC for some one else. Don't create an opening for him to make more money for your position replacing you.
monkeyman
02-26 11:28 PM
You are all set if you have gone through your FP.
2011 I did notice some of the
caforum2
09-14 06:34 AM
for folks in US, you don't need to go to Chennai, You can chose whichever consulate you want. I choose New Delhi instead of Chennai recently and got appointment in 15 days in advance. I know Oct is full in Delhi, Kolkatta, Chennai and Mumbai. I would wait till Sept 20th to see Oct dats. Usually people book appointments and change the dates only closer to interview date.
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gcseeker2002
08-14 02:52 PM
I didnt know that you can send a single check for all applications.. ??
It would have been better if you had split the checks.
Dont worry they might accept it now.
I sent a single check of $745 just for my wifes app, my employer sent the $745 check for me , this included all including biometrics, why would they be crazy to receipt one app and reject another both within the same packet, for reason like 'improper filing fees', i am upset.
It would have been better if you had split the checks.
Dont worry they might accept it now.
I sent a single check of $745 just for my wifes app, my employer sent the $745 check for me , this included all including biometrics, why would they be crazy to receipt one app and reject another both within the same packet, for reason like 'improper filing fees', i am upset.
collkaverill
09-04 12:32 PM
This is an interesting article. My younger brother works for Wipro in India. He has a H1 Visa and work permit for U.K. He highly prefers London to US for several reasons. Firstly, he saves more money there (it used to be other way round a while back). Secondly, if he gets married, she won't be stuck at home for lack of visa... Currently he is here in US temporarily but when he goes back to India, he is going to ask for a longterm project in UK. Certainly doesn't want to come here on a longterm project. More importantly he doesn't want to settle permanently anywhere except in India.
I feel bad for getting stuck in this country. My wife is a doctor and her prospects anywhere except in US are very dim. But if I would have been married to an IT girl, I would have strongly persued oppurtunities else where. World is big and for IT folks oppurtunities are abundant everywhere...
I feel bad for getting stuck in this country. My wife is a doctor and her prospects anywhere except in US are very dim. But if I would have been married to an IT girl, I would have strongly persued oppurtunities else where. World is big and for IT folks oppurtunities are abundant everywhere...
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jvs_annapurna
04-20 02:32 PM
Hi guys
There is lot of misunderstanding. As i mentioned my H1 extension was denied on 31st march
Then i worked out with a lawyer for my options. She said i can get H1 transfer. I filed H1 transfer premium processing on april 6th with new employer(american company).It was approved on 13th and we received it on april 16th.
There is lot of misunderstanding. As i mentioned my H1 extension was denied on 31st march
Then i worked out with a lawyer for my options. She said i can get H1 transfer. I filed H1 transfer premium processing on april 6th with new employer(american company).It was approved on 13th and we received it on april 16th.
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lost_in_migration
05-14 08:28 PM
Thats the spirit
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xgoogle
08-21 10:09 AM
Any updates from people in this situation ?
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AgentM
01-25 10:15 PM
Hi,
If anybody has used a lawyer for AC21, please post the lawyer details and their cost.
Thank you.
If anybody has used a lawyer for AC21, please post the lawyer details and their cost.
Thank you.
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gkaplan
04-23 12:35 PM
Hello thanks for the reply.
By applying for a petition did you mean:
- give the job advertisement in a newsletter,
- get the LCA
- then apply for a petition - I-129
>> what is the time frame for this petition application?
- apply for the waiver (i mean J1 applies and gets it lets say in 2-3 months)
>> i'll be still working with my J2 EAD, during waiver comes.
- once the waiver comes, then what is the procedure?\
Thanks again!
By applying for a petition did you mean:
- give the job advertisement in a newsletter,
- get the LCA
- then apply for a petition - I-129
>> what is the time frame for this petition application?
- apply for the waiver (i mean J1 applies and gets it lets say in 2-3 months)
>> i'll be still working with my J2 EAD, during waiver comes.
- once the waiver comes, then what is the procedure?\
Thanks again!
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pappu
11-19 11:11 AM
They posted it sometime back: But this does not talk about applications like II40 that were filed last year and still pending for some people in NSC. I140 for EB2 NIW is as late as August 01, 2006.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=67257de128ce5110VgnVCM1000004718190aRCR D
Advisory on Processing Times
In the past few months, USCIS has received a significant increase in the number of applications filed. As a result, processing times will likely become longer for applications filed after June 1, 2007.
USCIS is working hard to address the increased volume and will continue to provide additional information on application processing times as it becomes available. For more information, please see our Frequently Asked Questions on receipt delays.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=67257de128ce5110VgnVCM1000004718190aRCR D
Advisory on Processing Times
In the past few months, USCIS has received a significant increase in the number of applications filed. As a result, processing times will likely become longer for applications filed after June 1, 2007.
USCIS is working hard to address the increased volume and will continue to provide additional information on application processing times as it becomes available. For more information, please see our Frequently Asked Questions on receipt delays.
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Becks
03-22 07:09 PM
You should be ok to re-enter when you have a valid AP (and valid visa/EAD if they ask) even though if you changed the jobs. I think it is risky though. We never know when will the rules change so its safe to file AC21. I did file AC21 but they never opened my AC21 file. They sent an RFE to my old employer(internal attorney) for employer letter after 1year of filing AC21. I had couple of LUDs so I thought they were for AC21 but not really. So strange things may happen. Some officers at port of entry may be too curious about these issues though if you have valid APs. They shouldnot deny the entry but you may have to go through the waiting. So my suggestion is do not delay AC21.
All,
I have filled I-485 in 2007, PD is June 2006, EB2. I went to India and came back using my AP on 07/16/2008. I was working for the same company when I came back. I have changed my employer in April, and haven't filled for AC21 yet.
Can you please help me with following question?
My Question is: Will it be Okay to travel using Advance Parole after changing employer and not filled AC21? If anyone traveled like this, Can you please let me know what documents do I need to take with me?
All,
I have filled I-485 in 2007, PD is June 2006, EB2. I went to India and came back using my AP on 07/16/2008. I was working for the same company when I came back. I have changed my employer in April, and haven't filled for AC21 yet.
Can you please help me with following question?
My Question is: Will it be Okay to travel using Advance Parole after changing employer and not filled AC21? If anyone traveled like this, Can you please let me know what documents do I need to take with me?
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anurag
02-12 02:13 PM
Jonty,
But the question is how do we change it when I-485 has already been applied. Is there a form for it? Or just a letter with what details attached?
Regards,
Anurag
But the question is how do we change it when I-485 has already been applied. Is there a form for it? Or just a letter with what details attached?
Regards,
Anurag
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sreeanne
11-13 04:28 PM
Dont worry. You are about to get your FP notices :o
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12-10 02:31 PM
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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.
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gcformeornot
04-07 01:48 PM
I hope it doesn't affect Employee (original labor) who have left GC employer using AC-21 with approved I-140 and after 180 days.
This interpretation is game changer for life of many EB immigrants. It should be implemented for going forward but at least should not affect those who used it by the interpretation of that time.
it affects the ORIGINAL applicant. AAO says the burden is on original applicant to prove wrongdoing by either employer or substituted new employee...
"applicant failed to establish that the substituted alien improperly adjusted status"
This interpretation is game changer for life of many EB immigrants. It should be implemented for going forward but at least should not affect those who used it by the interpretation of that time.
it affects the ORIGINAL applicant. AAO says the burden is on original applicant to prove wrongdoing by either employer or substituted new employee...
"applicant failed to establish that the substituted alien improperly adjusted status"
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dilbert_cal
07-05 03:09 PM
Hello,
I am in desparate need of some advice. I have an approved I-140 (11/28/2006) and my 485 was filed under my wife's GC application in June 07. I would like to leave my current company A and join another company B asap. I have 3 days to accept the offer.
a. Is it possible for me to port my I-140 to company B?
b. If its possible will i be able to keep the PD?
I did some research on the AC21 act and it seems that its ok to move companies after 180 days of getting the EAD card. But I could not figure out if the I-140 could also be ported over to company B.
Thanks in advance.
If you have a copy of the approved 140, you can try to port your PD to the new company. To do this, you would need to file a new labor with Company B and then when you file your 140, you would be using the old approved 140 to port PD.
However, you mentioned that you have filed 485 as a secondary applicant. Your wife is the primary applicant. AC21 is applicable to primary applicant - i.e. your wife can only change her job after 180 days of filing 485 ( and not getting EAD ). You can change your job as many times as you want on your EAD ( but probably you havent received your EAD yet ).
To be on the safe side, it doesnt hurt to file a new labor and port your PD.
I am in desparate need of some advice. I have an approved I-140 (11/28/2006) and my 485 was filed under my wife's GC application in June 07. I would like to leave my current company A and join another company B asap. I have 3 days to accept the offer.
a. Is it possible for me to port my I-140 to company B?
b. If its possible will i be able to keep the PD?
I did some research on the AC21 act and it seems that its ok to move companies after 180 days of getting the EAD card. But I could not figure out if the I-140 could also be ported over to company B.
Thanks in advance.
If you have a copy of the approved 140, you can try to port your PD to the new company. To do this, you would need to file a new labor with Company B and then when you file your 140, you would be using the old approved 140 to port PD.
However, you mentioned that you have filed 485 as a secondary applicant. Your wife is the primary applicant. AC21 is applicable to primary applicant - i.e. your wife can only change her job after 180 days of filing 485 ( and not getting EAD ). You can change your job as many times as you want on your EAD ( but probably you havent received your EAD yet ).
To be on the safe side, it doesnt hurt to file a new labor and port your PD.
akred
03-26 07:52 PM
Yes. But as my wife found out, a lot of employers (small business) are willing to pay off the books or in kind (like free private school tuition).
vicks_don
04-18 10:34 AM
I filed 140 to VSC. Would it be transfered to TSC. It is still pending. I got a RFE on 140. Should i send the docs to VSC or TSC. Can anyone please answer this.
Thanks.
Thanks.
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