pgc10
02-03 07:18 PM
The AC21 requires you to have the new employer sign the AC21. What if the employer refuses to sign..??
Also does anyone have the exact wording they sent to USCIS with the AC21 letter
There is no standard legal forms to file for AC21. So, I don't think employer needs to sign anything unless you were talking about the offer letter (which would obviously be signed by both employer and employee).
Also does anyone have the exact wording they sent to USCIS with the AC21 letter
There is no standard legal forms to file for AC21. So, I don't think employer needs to sign anything unless you were talking about the offer letter (which would obviously be signed by both employer and employee).
suriajay12
04-06 07:44 AM
Very good one.. USCIS is acknowledging here the severe wait periods. A good sign when (if) trying to fix a problem. Recognizing that there is one..
Good job in posting this article.
Good job in posting this article.
amitjoey
05-19 04:45 PM
If I assume that every year EB3-India gets 5000 GC-Visa. From 2001 - 2008 Total = 40,000 EB3-India Visas
Is number of applications in 2001 and 2002 is > 40,000.
Its very hard to believe.
Its not 40,000 labor or 140's dude every GC is minimum 2 (applicant + spouse) in some cases if you add children then it can consume 3-4 visa's from the quota and that is what is making the line even more longer.
The reason it is stuck at 2001 is because a lot of people that did not belong to the EB3 queue got visas out of EB3 IN 2001. This was because of a law that was passed in 2000 that sunset in April 2001. Thousands of so called "special immigrants".. (Illegals- I guess) got them. See: http://www.usavisanow.com/245iext.html
These were individuals that came in - illegally, but their employers could not file for them. Interestingly and Ironic is that legals were not eligible to apply under that act - LIFE ACT, 2001
http://www.brama.com/news/press/010405_lifeact2000.html
Also, add the wastage that happens every year. USCIS wastes (does not use) a lot of visas every year and they lapse.
Also some years, when there was a visa recapture (I believe 2003-2004).. 50,000 of the so-counted EB3's were given away to nurses. There was a special category.
Is number of applications in 2001 and 2002 is > 40,000.
Its very hard to believe.
Its not 40,000 labor or 140's dude every GC is minimum 2 (applicant + spouse) in some cases if you add children then it can consume 3-4 visa's from the quota and that is what is making the line even more longer.
The reason it is stuck at 2001 is because a lot of people that did not belong to the EB3 queue got visas out of EB3 IN 2001. This was because of a law that was passed in 2000 that sunset in April 2001. Thousands of so called "special immigrants".. (Illegals- I guess) got them. See: http://www.usavisanow.com/245iext.html
These were individuals that came in - illegally, but their employers could not file for them. Interestingly and Ironic is that legals were not eligible to apply under that act - LIFE ACT, 2001
http://www.brama.com/news/press/010405_lifeact2000.html
Also, add the wastage that happens every year. USCIS wastes (does not use) a lot of visas every year and they lapse.
Also some years, when there was a visa recapture (I believe 2003-2004).. 50,000 of the so-counted EB3's were given away to nurses. There was a special category.
TheCanadian
11-26 04:38 AM
I will? That's surprising!
oh you minx you
oh you minx you
more...
guygeek007
07-25 01:00 PM
^^^^^^^^^
gc_on_demand
05-05 09:54 AM
If this happens it will be a bad news as given environment I 140 approval takes years . Very soon there will be a backlog in I 140 stage.. They are just swaping backlog from one stage to another..
more...
gc_check
01-08 10:22 AM
I got it in a week, I got it from SF Consulate.
This might be a simple stupid question,
Can you please update, if you used a standard 2*2 passport taken here in the applicaiton form or got one 3.5 cm * 3.5 cm as put in the passport form. If yes, where did you took one. The standard size Passport Photo appears to be a little bigger than the one specified in the Passport application.
This might be a simple stupid question,
Can you please update, if you used a standard 2*2 passport taken here in the applicaiton form or got one 3.5 cm * 3.5 cm as put in the passport form. If yes, where did you took one. The standard size Passport Photo appears to be a little bigger than the one specified in the Passport application.
Aah_GC
05-30 03:49 PM
Hi gurus, Please advise
I have an approved I-140 and july 485 filer, also have valid h1 till 2010.
I work for company X and have an offer from company Y.
What are my best options now
1. Transfer H1 to Y - if yes what impact would this have on my GC processing?
should the new H1-B Job code match with my Labor Certification?
2. Use EAD - the complication here is my desi employer filed my labor
as an IT Manager which i am not and i am not sure the new employer would
give me the matching offer letter.
Thanks,
Krishna:confused:
Krishna - H1B and EAD are your work permits, so do not confuse it with AC21. Eitherway, if you are leaving your employer after 180 days of 485 application receive date - you are using AC21. Good luck.
I have an approved I-140 and july 485 filer, also have valid h1 till 2010.
I work for company X and have an offer from company Y.
What are my best options now
1. Transfer H1 to Y - if yes what impact would this have on my GC processing?
should the new H1-B Job code match with my Labor Certification?
2. Use EAD - the complication here is my desi employer filed my labor
as an IT Manager which i am not and i am not sure the new employer would
give me the matching offer letter.
Thanks,
Krishna:confused:
Krishna - H1B and EAD are your work permits, so do not confuse it with AC21. Eitherway, if you are leaving your employer after 180 days of 485 application receive date - you are using AC21. Good luck.
more...
meridiani.planum
02-17 12:44 AM
I have a feeling some good news is round the corner this "Election Year". Lets all keep our fingers crossed for any improvements in the increase of Visa numbers.
what has election year got to do with visa numbers?
what has election year got to do with visa numbers?
anindya1234
07-17 10:08 PM
I-140 was from TSC; I filed on July 2..but the employment letter was addressed to NSC. Will that be a problem?
more...
anurakt
01-21 06:03 PM
This has become a trend now. Desi consultants prey on these fresh grads.
Not trying to slam anybody , but let's be focused to the thread topic i.e Orkut community joining.
Not trying to slam anybody , but let's be focused to the thread topic i.e Orkut community joining.
obelix
03-02 06:54 PM
Regarding "New Scenario - Seeking second opinion"
Couple of things to consider...
1) You need to be present in US at time of applying for the extension and when its approved. In your case I think with travel coming up in June, you probably need to go premium so you have approval in hand my April end. Regular processing takes about 2-3 months I think.
2) You can only go 90 days in advance of your new/extended approval as far as I know. So you need to see if that matches when you plan to go for stamping.
If in similar situation I would probably do what you are planning. It adds some anxiety with both wedding and consulate visit at same time, but once past that it will make life little easier.
Thanks Jvs.
I would definitely go for Premium as regular doesn't make any sense for me. It has very unpredictable time-line and also when the new H1B filing opens on 1st April.
I was not aware of 90days visa stamping rule. I'll look into this further and check with local consulate in India.
I agree - it's pain when one is going to one of the most important change of the i.e. marriage. But, I think life would be lot easier once one get these things done together. I think it can help a lot in planning things and reduce few uncertainties.
I've already started working on docs. and hopefully I'll submit in the first week of April.
Thanks for your input again. I really appreciate.
Couple of things to consider...
1) You need to be present in US at time of applying for the extension and when its approved. In your case I think with travel coming up in June, you probably need to go premium so you have approval in hand my April end. Regular processing takes about 2-3 months I think.
2) You can only go 90 days in advance of your new/extended approval as far as I know. So you need to see if that matches when you plan to go for stamping.
If in similar situation I would probably do what you are planning. It adds some anxiety with both wedding and consulate visit at same time, but once past that it will make life little easier.
Thanks Jvs.
I would definitely go for Premium as regular doesn't make any sense for me. It has very unpredictable time-line and also when the new H1B filing opens on 1st April.
I was not aware of 90days visa stamping rule. I'll look into this further and check with local consulate in India.
I agree - it's pain when one is going to one of the most important change of the i.e. marriage. But, I think life would be lot easier once one get these things done together. I think it can help a lot in planning things and reduce few uncertainties.
I've already started working on docs. and hopefully I'll submit in the first week of April.
Thanks for your input again. I really appreciate.
more...
sanju
11-20 03:51 PM
Generally secretaries follow laws. They do not frame any regulations or have any role in it. It will be in hand of Obama's immigration appointees to push immigration.
Secretary will be responsible for DHS which involves security, FEMA etc too. I am not sure if she will be able to change a whole lot.
I think it would be incorrect to say that Secretaries do not frame regulations and it would be incorrect to say that they do not influence the policy and new laws. Infact, each Secretary have their own legislative group of staff who work with the congress.
Yes, we heard from Chertoff in the media during Katrina, Rita, Fay etc., but they have a lot more to do in terms of influencing the policy that govern the framework of any new legislations.
Secretary will be responsible for DHS which involves security, FEMA etc too. I am not sure if she will be able to change a whole lot.
I think it would be incorrect to say that Secretaries do not frame regulations and it would be incorrect to say that they do not influence the policy and new laws. Infact, each Secretary have their own legislative group of staff who work with the congress.
Yes, we heard from Chertoff in the media during Katrina, Rita, Fay etc., but they have a lot more to do in terms of influencing the policy that govern the framework of any new legislations.
qvadis
04-02 11:37 PM
I second morpheus suggestion to add more names to the list. Please, don't take any offense but I believe that it would be good to have some diversity.
Some more immigrants:
Andy Bechtolsheim, cofounder Sun,
Safi Qureshey, cofounder of AST
Some more immigrants:
Andy Bechtolsheim, cofounder Sun,
Safi Qureshey, cofounder of AST
more...
DDLMODES
10-09 06:35 PM
Hello guys,
I applied for I140 & I485 + EAD concurrently at the Texas service center on July 19th. I got the receipts dated Sept 11 on Sept 17 and a week later I got the EAD's. My priority date is Feb 04.
I live in New Jersey and I would assume my FP appointment will be at the NewArk USCIS center. I still did not get any FP notification yet and I started to worry because on the tracker a lot of people with the same dates did get one already. Should I worry or is OK for now ? Is New Jersey more crowded than other states and that is the reason for delay ??? Anybody else in the same boat ??
I know they consider the application abandoned if I have an appointment and don't go. If, god forbid, the letter is lost in the mail, is there any way I can find out if I have an appointment ?
I have don't have a lawyer so they will not send a copy of the FP appointment letter to the lawyer.
Please help !
:(:(:(:(
I applied for I140 & I485 + EAD concurrently at the Texas service center on July 19th. I got the receipts dated Sept 11 on Sept 17 and a week later I got the EAD's. My priority date is Feb 04.
I live in New Jersey and I would assume my FP appointment will be at the NewArk USCIS center. I still did not get any FP notification yet and I started to worry because on the tracker a lot of people with the same dates did get one already. Should I worry or is OK for now ? Is New Jersey more crowded than other states and that is the reason for delay ??? Anybody else in the same boat ??
I know they consider the application abandoned if I have an appointment and don't go. If, god forbid, the letter is lost in the mail, is there any way I can find out if I have an appointment ?
I have don't have a lawyer so they will not send a copy of the FP appointment letter to the lawyer.
Please help !
:(:(:(:(
InTheMoment
08-13 10:58 AM
Hmm...that is an interesting trend. With TSC approving 485's left and right these days anything is possible at that super-center !
Yes, it is for TSC. And i did check . Thats how i realized they are approving AP and EAD for the early June filers. And i assumed my AP will be approved in couple of weeks. But never thought my July filed EAD will be tied along with my June filed 485. I don't see any AP or EAD approved for even early July filers in atleast for India.
Yes, it is for TSC. And i did check . Thats how i realized they are approving AP and EAD for the early June filers. And i assumed my AP will be approved in couple of weeks. But never thought my July filed EAD will be tied along with my June filed 485. I don't see any AP or EAD approved for even early July filers in atleast for India.
more...
diptam
08-03 07:33 PM
You are OK as long is 140 is approved and 180 days have passed since Filing 485... BUT
if yor employer get to know your intention and cancel 140 between 180 and 200 days before 140 is approved , you are screwed...
Thanks,
I 140 and 485 filed concurrently.
Let's say I 140 is approved after 200 (greater than 180) days, If employer revokes I 140 after 230 days (let's say he is pissed off that i left the company using Ac 21 portability)
will it create any issue for my GC ?
if yor employer get to know your intention and cancel 140 between 180 and 200 days before 140 is approved , you are screwed...
Thanks,
I 140 and 485 filed concurrently.
Let's say I 140 is approved after 200 (greater than 180) days, If employer revokes I 140 after 230 days (let's say he is pissed off that i left the company using Ac 21 portability)
will it create any issue for my GC ?
rsharma
07-23 09:49 PM
I am a july 2nd 2007 filer with notice date Aug 23rd 2007. In response to my SR, I received the following reply:
"...... There is not currently a visa available to you based upon your country of birth, your employment-based category and your priority date. Your I-485 application cannot be adjudicated until there is a visa available to you. Your case is therefore awaiting visa availability for your category and further review by an Adjudications Officer. ......."
Many people have said that the July 2nd filers cases have been pre-adjudicated.
However the SR response clearly says that my case will not be adjudicated untill visa # will be avalable.
Does anybody know what is meant by pre-adjudication ?
What is difference between adjudication and pre-adjudication?
Thanks in advance for your replies. Any reply will be appreciated specially from the attorneys.
"...... There is not currently a visa available to you based upon your country of birth, your employment-based category and your priority date. Your I-485 application cannot be adjudicated until there is a visa available to you. Your case is therefore awaiting visa availability for your category and further review by an Adjudications Officer. ......."
Many people have said that the July 2nd filers cases have been pre-adjudicated.
However the SR response clearly says that my case will not be adjudicated untill visa # will be avalable.
Does anybody know what is meant by pre-adjudication ?
What is difference between adjudication and pre-adjudication?
Thanks in advance for your replies. Any reply will be appreciated specially from the attorneys.
LookingForGC
05-10 10:10 AM
I have been using ICICI for many years as i do have ICICI NRI account. Having indian account and managing here is always fun :)
Beta_mle
02-20 07:28 AM
^ ^ ^
Bump.
Anyone?
Bump.
Anyone?
chanduv23
09-04 11:16 AM
You can work on h1b - you will get H1b based on existing approved 140 and pending 485.
If 140 is revoked by employer you may get a RFE or NOID or in rare cases erroneous denial but you can continue on h1b while you respond to RFE or NOID oor through MTR to erroneous denial.
Sending AC21 docs does not necessarily mean you may not get NOID - AC21 docs seldom go into your file.
If 140 is revoked by employer you may get a RFE or NOID or in rare cases erroneous denial but you can continue on h1b while you respond to RFE or NOID oor through MTR to erroneous denial.
Sending AC21 docs does not necessarily mean you may not get NOID - AC21 docs seldom go into your file.
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