rolrblade
03-18 08:14 AM
Hi,
My wife, who is the primary green card applicant is planning to change job from desi consulting company to a fortune 500 company. The fortune 500 company wants to invoke AC21 as 180 days have passed from received date and I140 is approved.
Please let me know if someone has similar experience with the following:
1. Is there any salary restriction on increase from current salary percentage wise?
2. Has anyone used sucessfully AC21 in the past and had no issues with EAD renewals and Green card?
Thanks
Answers below:
1. Technically there is no Salary restriction. As stated above it is a grey area. But, if the job duties are the same and the salary difference is too big (no one knows how much is acceptable without raising questions), then it brings into question if you are still performing the same duties. But basically, you have to make equal to or more than the LC.
2. I have used AC21 before. Have not done EAD renewal yet.
My wife, who is the primary green card applicant is planning to change job from desi consulting company to a fortune 500 company. The fortune 500 company wants to invoke AC21 as 180 days have passed from received date and I140 is approved.
Please let me know if someone has similar experience with the following:
1. Is there any salary restriction on increase from current salary percentage wise?
2. Has anyone used sucessfully AC21 in the past and had no issues with EAD renewals and Green card?
Thanks
Answers below:
1. Technically there is no Salary restriction. As stated above it is a grey area. But, if the job duties are the same and the salary difference is too big (no one knows how much is acceptable without raising questions), then it brings into question if you are still performing the same duties. But basically, you have to make equal to or more than the LC.
2. I have used AC21 before. Have not done EAD renewal yet.
gc_buddy
05-05 09:59 AM
Years before, the back log was at Labor Stage, then when PERM Labor came into existance, the back log was at 485 stage, now with non-concurrent filing I think the I 140 will get backlogged.
http://www.immigration-law.com/
05/05/2008: USCIS May Initiate Rule Making Process in June 2008 for Termination of Concurrent I-140/I-485 Filing Procedure
* As we reported earlier, the USCIS has been considering halting the concurrent filing procedure quite some time. Initially it was planning to commence the procedure to publish this proposed rule in November 2008. However, the latest information reflects that the proposed may be released next month, June 2008 with the two months of comment period through August 2008. People are cautioned that this is just a "proposed" rule stage. After the comment period is over, the agency will still have to go through the final rule making procedure with another cycle of OMB review and publication of the rule. There are nothing to panic about at this time. However, people may be conscious of the upcoming change in the filing procedures for I-140 petition and I-485 application from the current single-tier procedure when the visa number is available to the two-tier procedure. Please stay tuned to this website for this important development of immigration procedure changes.
http://www.immigration-law.com/
05/05/2008: USCIS May Initiate Rule Making Process in June 2008 for Termination of Concurrent I-140/I-485 Filing Procedure
* As we reported earlier, the USCIS has been considering halting the concurrent filing procedure quite some time. Initially it was planning to commence the procedure to publish this proposed rule in November 2008. However, the latest information reflects that the proposed may be released next month, June 2008 with the two months of comment period through August 2008. People are cautioned that this is just a "proposed" rule stage. After the comment period is over, the agency will still have to go through the final rule making procedure with another cycle of OMB review and publication of the rule. There are nothing to panic about at this time. However, people may be conscious of the upcoming change in the filing procedures for I-140 petition and I-485 application from the current single-tier procedure when the visa number is available to the two-tier procedure. Please stay tuned to this website for this important development of immigration procedure changes.
snhn
06-13 02:53 PM
Ok, My PD is Oct 2001 .EB3 pending labo9r in dallas backlog center. 45 day letter received in Jan of this year. No more conresspondence so far. However my company filed PERM EB3 it got approved and now the I140 is approved as well. My PD is up for the old labor. Is there anyways, I can use PERM approved I140 and apply for 1485.
Thansk!
Thansk!
guyfromsg
07-18 08:34 PM
Hi,
I am in the same situation. I just got the tracking number from my lawyer for the fedex that he had sent on June 30 and he has sent it to Dallas . I live and work in California. I went through the Direct Filing press release and the USCIS link :
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
and now I am confused as to whether my lawyer did the right thing or its ok to send the application to Dallas??
Anyone any thoughts???
Here is my opinion. I read in some posts that they will redirect the document internally to the correct processing center. The direct filing rule comes into effect on July 30th and they may be strict about filing center after that. As I said this is my opinion. Let me see if I can find the official answer in USCIS site.
I am in the same situation. I just got the tracking number from my lawyer for the fedex that he had sent on June 30 and he has sent it to Dallas . I live and work in California. I went through the Direct Filing press release and the USCIS link :
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
and now I am confused as to whether my lawyer did the right thing or its ok to send the application to Dallas??
Anyone any thoughts???
Here is my opinion. I read in some posts that they will redirect the document internally to the correct processing center. The direct filing rule comes into effect on July 30th and they may be strict about filing center after that. As I said this is my opinion. Let me see if I can find the official answer in USCIS site.
more...
Canuck
02-03 01:50 AM
People,
The country listed here is country of citizenship. We all know though that GCs are granted based on country of birth. Thus, there may be even more people charged to India than listed. Conversely, you may have a couple of Indian citizens who were not born in India that will fall in the ROW category...
The country listed here is country of citizenship. We all know though that GCs are granted based on country of birth. Thus, there may be even more people charged to India than listed. Conversely, you may have a couple of Indian citizens who were not born in India that will fall in the ROW category...
vinnysuru
04-01 10:16 AM
Yes I was called for an in person interview and after the interview was told that the case is approvable. All the checks have been done and I just need a visa # to get the GC. I do not know how and why I was called for interview but I was the amonst the day 1 filer in July 2007. My application had reached on Jul 2 2007.
Here is the answer! Your filing date was July2, 07. If you filed with NSC, in Feb they had moved their processing dates to July 18th. So your case was assigned to officer for review and he called for interview!.
Then he made a decision: Case approvable pending visa availability!
Hope that helps!
Here is the answer! Your filing date was July2, 07. If you filed with NSC, in Feb they had moved their processing dates to July 18th. So your case was assigned to officer for review and he called for interview!.
Then he made a decision: Case approvable pending visa availability!
Hope that helps!
more...
123456mg
07-20 03:32 AM
Immigration attorneys normally send more than required documents to avoid getting RFEs later on. In this case, the reason people send W-2s (though it is not mandated) and tax returns is to show that you were working and were making approximately equal amount that was mentioned on you H-1B LCA.
Asking for W-2 or tax returns are within the powers of AOS adjudicator and s/he can raise an RFE for such "discretionary evidence".
The tax returns prove that you did not have any other source of income (that directly contradicts your H-1B compliance) and thus you were not employed on another part-time job or any other business of that fashion and complied to the terms of H-1B rules.
There are various factors to consider here:
1. If you know that your H-1B LCA had substantially higher amount and you did not make that much (cause you were on bench or any other reason), it would be far better not to send it. By sending your W-2 in such case, you are actually weakening your case and the AOS officer is going to find it out and will have RFE for it and later you will have a lot of explaining to do. Also, if you had any other form(s) of income (like some people use to make money in day trading and that forms their additional income), it will be wiser not to send your income tax returns and create additonal issues.
2. If you know that you made almost similar amount as mentioned on your H-1B LCA, then you will have to send all W-2 and income tax statements from the time when you were last inspected or paroled by the US immigration officer. Do not give anymore than what is really required of you. By giving unnecessorily more information, you may cause additional issues later on.
Asking for W-2 or tax returns are within the powers of AOS adjudicator and s/he can raise an RFE for such "discretionary evidence".
The tax returns prove that you did not have any other source of income (that directly contradicts your H-1B compliance) and thus you were not employed on another part-time job or any other business of that fashion and complied to the terms of H-1B rules.
There are various factors to consider here:
1. If you know that your H-1B LCA had substantially higher amount and you did not make that much (cause you were on bench or any other reason), it would be far better not to send it. By sending your W-2 in such case, you are actually weakening your case and the AOS officer is going to find it out and will have RFE for it and later you will have a lot of explaining to do. Also, if you had any other form(s) of income (like some people use to make money in day trading and that forms their additional income), it will be wiser not to send your income tax returns and create additonal issues.
2. If you know that you made almost similar amount as mentioned on your H-1B LCA, then you will have to send all W-2 and income tax statements from the time when you were last inspected or paroled by the US immigration officer. Do not give anymore than what is really required of you. By giving unnecessorily more information, you may cause additional issues later on.
tnite
09-30 02:21 PM
Can you please tell us what the RFE was about....Did you use AC21.
Me and my spouse both have RFE....so i dont know what to expect. And I have used AC21 and changed jobs....I am just hoping it is not related to this.
The RFE was for my I20's and OPT EAD card and Marriage certificate.
Me and my spouse both have RFE....so i dont know what to expect. And I have used AC21 and changed jobs....I am just hoping it is not related to this.
The RFE was for my I20's and OPT EAD card and Marriage certificate.
more...
kprgroup
08-03 12:57 PM
Yes forwarded the copy to the lawyer this morning.I have an appointment with lawyer Friday morning regarding this..So for lawyer office didn't received anything from uscis.
Here is my backround
1)Worked for Company A from 2003 to 2008.
2)Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it
3)September 2008 I have Joined employer “B” by transferring H1B (Valid until Aug 21st 2010).
4)Employer A revoked 140 which triggered 485 denials in October 2008.
5)Applied MTR and it was approved in NOVEMBER 2008 and 485 re-opened.
This is the only major concern I have.Though I have approved MTR and 485 re-opened, but my online status of 485 still showing denied.
My AP approved last month.......my wife EAD,AP approved last month.I am the primary..strange
I know I have moderate control over this situation.Just having good faith & hope.This whole thing H1-B,DL,GC,EAD,AP & visa stamping ..etc what a pain for some people.Very sad.For uscis error(485 denial wrongly) I am not only lost money( closee to 5k) also lost "n" no of days of sleep back in 2008 and now :mad:
Thanks
KPR
Here is my backround
1)Worked for Company A from 2003 to 2008.
2)Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it
3)September 2008 I have Joined employer “B” by transferring H1B (Valid until Aug 21st 2010).
4)Employer A revoked 140 which triggered 485 denials in October 2008.
5)Applied MTR and it was approved in NOVEMBER 2008 and 485 re-opened.
This is the only major concern I have.Though I have approved MTR and 485 re-opened, but my online status of 485 still showing denied.
My AP approved last month.......my wife EAD,AP approved last month.I am the primary..strange
I know I have moderate control over this situation.Just having good faith & hope.This whole thing H1-B,DL,GC,EAD,AP & visa stamping ..etc what a pain for some people.Very sad.For uscis error(485 denial wrongly) I am not only lost money( closee to 5k) also lost "n" no of days of sleep back in 2008 and now :mad:
Thanks
KPR
phillyag
07-20 02:14 PM
Any expected timelines for getting the receipt notice from USCIS? I filed on Jul17th.
more...
kumar1
08-05 06:43 PM
If every EB3 is ported to EB2 then EB2 will retrogress to 2001 and EB3 will become current.
I must tell you......I loved your response.
I must tell you......I loved your response.
pns27
06-28 03:26 PM
Did any one heard of EB3 India 485 Approved after June 26? Looks like EB3 visa numbers for this quarter for India is exhausted! If so then who many will be available in next quarter?
When will the 40K unused EB quota of visa numbers will be available /open? In mid September? Can any of the Gurus explain this?
My friend took info-pass and he was told that the EB3 India visa numbers are over for now and his case may be approved in next quota.
Looks like the first 40K in the 485 queue whose processing is done will get there 485�s approved in late September.
For some one like me who files 485 in June chances of approval in this year is less.:confused:
I just want to set the expectations real so that we will not be subjected to perpetual checking of online LUD/Status, forums and also avoid huge disappointment.
Pns27
***********************
Concurrent I-140/I-485: No
PD June 2002-non-RIR
I-140 approved from NSC
I485:--
Mailed to (state NSC/TSC): NSC
Received at (state NSC/TSC): NSC
Receipt Date: 06/07/07
Notice Date: 06/22/07
FP Noticed Received on:?
When will the 40K unused EB quota of visa numbers will be available /open? In mid September? Can any of the Gurus explain this?
My friend took info-pass and he was told that the EB3 India visa numbers are over for now and his case may be approved in next quota.
Looks like the first 40K in the 485 queue whose processing is done will get there 485�s approved in late September.
For some one like me who files 485 in June chances of approval in this year is less.:confused:
I just want to set the expectations real so that we will not be subjected to perpetual checking of online LUD/Status, forums and also avoid huge disappointment.
Pns27
***********************
Concurrent I-140/I-485: No
PD June 2002-non-RIR
I-140 approved from NSC
I485:--
Mailed to (state NSC/TSC): NSC
Received at (state NSC/TSC): NSC
Receipt Date: 06/07/07
Notice Date: 06/22/07
FP Noticed Received on:?
more...
wellwishergc
04-08 07:45 PM
Yes, it is possible.. However you can apply for extension for one year only. If your I-140 is approved, you can apply for extension for 3 years.
I suggest the following:
1) Apply for your I-140 at the earliest. There is a possibility that your I-140 will be approved before end of May.
2) If I-140 gets approved by end of May, apply for H1B extension for 3 years
3) Else apply for I-140 extension for 1 year based on your approved Labor
Is it possible to get 7th year extension on the basis of approved LC and pending I-140. My approved LC is PERM filed in March 2006 and approved a week ago. My 6 years oevr in Sep 2006.
Anybody in the same situation?
I suggest the following:
1) Apply for your I-140 at the earliest. There is a possibility that your I-140 will be approved before end of May.
2) If I-140 gets approved by end of May, apply for H1B extension for 3 years
3) Else apply for I-140 extension for 1 year based on your approved Labor
Is it possible to get 7th year extension on the basis of approved LC and pending I-140. My approved LC is PERM filed in March 2006 and approved a week ago. My 6 years oevr in Sep 2006.
Anybody in the same situation?
chanduv23
09-04 04:14 PM
Remember, the NOID/RFE goes to your Attorney if you have submitted G-28 form. If not, it comes to you.
Usually they send 2 copies - one to your home address and another to your Attorney. Always make sure your current address is on file with USCIS
Usually they send 2 copies - one to your home address and another to your Attorney. Always make sure your current address is on file with USCIS
more...
dale
09-24 03:32 AM
hey thanks everyone for the great comments about my stamps (the 3 vector ones including the green swan stamp) - i completely forgot about them (haven't been on here for a while) so i didn't even get to vote. ah well, thanks anyway everyone!
_dale
_dale
Libra
07-30 02:57 PM
I can't believe you guys are still answering his question.......go to rally threads and contribute, admin i think we should close this thread now.
more...
kerstbrd
08-31 12:53 PM
maybe I should register another country, declare war on your's, and then all your citizens can apply for refugee/asylum.
glamzon
07-19 10:59 PM
Chicago - Yes (Hope Exists)
Atlanta - No
Atlanta - No
kartikiran
11-09 04:07 PM
Hey Krish2005, I see that you have a long wait before getting green card. I am not sure whether killing time by posting these would help you...:rolleyes:
Anyway, to answer your thoughts, it might be informative on a more relevant science based forum than an immigration forum.
Trying to see how it is relevant here?...:confused:
Maybe some of us might be aware on the importance of umbilical chord and cord blood. They are life savers as they contain stem cells which can be used to treat hematopoietic and genetic disorders.
Let me tie this to an important activity that happens in southern part of india (maybe its prevalent too in entire india - not sure though).
Whenever a baby is born, the umbilical chord is cut and a clip is put up in the baby's navel end with the umbilical chord part extending out. In a matter of few days the external portion will heal and fall off.
This is then taken to a goldsmith who in turn stuffs this into a small golden (or silver depending upon one's capacity) and seals them air tight (mind this air tight) using fire. this is then tied along with a thread and is generally worn around the hips of babies.
Maybe our ancestors knew that this part of tissue might help in healing some disorders for the babies. Who knows better than them. Many of us indians would have worn this without much aware of its importance.
Hope that I have submitted a informative post here.
Anyway, to answer your thoughts, it might be informative on a more relevant science based forum than an immigration forum.
Trying to see how it is relevant here?...:confused:
Maybe some of us might be aware on the importance of umbilical chord and cord blood. They are life savers as they contain stem cells which can be used to treat hematopoietic and genetic disorders.
Let me tie this to an important activity that happens in southern part of india (maybe its prevalent too in entire india - not sure though).
Whenever a baby is born, the umbilical chord is cut and a clip is put up in the baby's navel end with the umbilical chord part extending out. In a matter of few days the external portion will heal and fall off.
This is then taken to a goldsmith who in turn stuffs this into a small golden (or silver depending upon one's capacity) and seals them air tight (mind this air tight) using fire. this is then tied along with a thread and is generally worn around the hips of babies.
Maybe our ancestors knew that this part of tissue might help in healing some disorders for the babies. Who knows better than them. Many of us indians would have worn this without much aware of its importance.
Hope that I have submitted a informative post here.
vallabhu
11-13 04:16 PM
Hi Guys,
I verified my 485 Application status online and this is what I found can you guys tel what could this mean.
My I140 is not approved yet.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Document mailed to applicant.
I verified my 485 Application status online and this is what I found can you guys tel what could this mean.
My I140 is not approved yet.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Document mailed to applicant.
InTheMoment
02-21 05:24 PM
Does anyone have an idea whether new H1-B adjustment of status (quota exempt categories) are processed in Vermont itself or sent to California. Also, are they are taking the same time as extensions/transfers ? @90 days.
I read somewhere that only extensions are being transferred to CA.
Will be great to know from people who went thro' a similar quota exempt new H1-B approval process recently.
thanks !
I read somewhere that only extensions are being transferred to CA.
Will be great to know from people who went thro' a similar quota exempt new H1-B approval process recently.
thanks !
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