I think, last week, two threads were locked due to very hot discussion on this issue. This discussion will create more heat again.
i guess my post was mis-interpreted so i have modified it to clarify it. what i meant was if IV considers it is not asking for too much - they feel it will not jeopardise "ability to file 485" provision then having AC21 advantage without waiting for six months would be like "sone pe suhaga"
i guess my post was mis-interpreted so i have modified it to clarify it. what i meant was if IV considers it is not asking for too much - they feel it will not jeopardise "ability to file 485" provision then having AC21 advantage without waiting for six months would be like "sone pe suhaga"
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It feels much better after i became member of this wonderful website in July. All the info, jokes keep me assured of so much support...:)
kpchal2 & seekerofpeace - I have run out of ideas now.
While we wait for October 1st (assuming visa numbers are over), what can be done in the next 13 days?
I am checking with different attorneys, and might change from my current attorney as he is totally useless. He opened a SR for me, and everytime I call him, he tells me to wait for 30 days.
I have taken Infopass, met the local senator, opened SR and nothing worked. Any ideas on what can be done next?
While we wait for October 1st (assuming visa numbers are over), what can be done in the next 13 days?
I am checking with different attorneys, and might change from my current attorney as he is totally useless. He opened a SR for me, and everytime I call him, he tells me to wait for 30 days.
I have taken Infopass, met the local senator, opened SR and nothing worked. Any ideas on what can be done next?
2011 short est friends forever
Why do you assume this is an indian website and everyone can understand hindi. This website has a purpose and if people like you write in hindi you will annoy a lot of people.
KHUSH RAHO ....
Zindagi hai choti , har pal me khush raho...
Office me khush raho , ghar me khush raho..
Aaj paneer nahi hai , dal me hi khush raho,
Aaj gym jane ka samay nahi , do kadam chal ke he khush raho..
Aaj Dosto ka sath nahi , TV dekh ke hi khush raho..
Ghar ja nahi sakte to phone kar ke hi khush raho...
Aaj koi naraaz hai , uske iss andaz me bhi khush raho..
Jisse dekh nahi sakte uski awaz me hi khush raho...
Jisse paa nahi sakte , uske yaadon me he khush raho
MBA karne ka socha tha , S/W me he khush raho...
Laptop na mila to kya , Desktop me hi khush raho..
bita hua kal ja chuka hai , usse meethi yaade hai unme he khush raho..
aane wale pal ka pata nahi ..sapno me he khush raho..
Haste haste ye pal bitaenge , aaj me he khush raho
Zindagi hai choti , har pal main khush raho.....
oomshiva
KHUSH RAHO ....
Zindagi hai choti , har pal me khush raho...
Office me khush raho , ghar me khush raho..
Aaj paneer nahi hai , dal me hi khush raho,
Aaj gym jane ka samay nahi , do kadam chal ke he khush raho..
Aaj Dosto ka sath nahi , TV dekh ke hi khush raho..
Ghar ja nahi sakte to phone kar ke hi khush raho...
Aaj koi naraaz hai , uske iss andaz me bhi khush raho..
Jisse dekh nahi sakte uski awaz me hi khush raho...
Jisse paa nahi sakte , uske yaadon me he khush raho
MBA karne ka socha tha , S/W me he khush raho...
Laptop na mila to kya , Desktop me hi khush raho..
bita hua kal ja chuka hai , usse meethi yaade hai unme he khush raho..
aane wale pal ka pata nahi ..sapno me he khush raho..
Haste haste ye pal bitaenge , aaj me he khush raho
Zindagi hai choti , har pal main khush raho.....
oomshiva
Hey folks,
The proposed bill to give green card to PhDS does not include all the PhDs. PhDs listed as STEM(Science engineering technology majors) are only eligible through this bill in current form. Graduates from pharmacy, medicine, veterinary medicine, animal science are not listed as STEM. I am sure there are many more majors not listed as STEM. I think we should write a letter to congressmen about this anomaly. And I encourage non STEM PhDs to represent their concern so that we can unite and represent our concerns to the congress men. immigrtion service department has listed the subject codes fall under STEM.
You have to browse through the following link to see code for your major. http://nces.ed.gov/pubs2002/cip2000/ciplist.asp.
once you know the code for your major you can go to http://www.ice.gov/sevis/stemlist.htm to check weather your program is listed there as STEM.
good luck
It is very comprehensive list. It covers every field. Graduates of pharmacy, medicine, vet medicine etc are not PhDs. They have to go through special programs to get that degree.
The proposed bill to give green card to PhDS does not include all the PhDs. PhDs listed as STEM(Science engineering technology majors) are only eligible through this bill in current form. Graduates from pharmacy, medicine, veterinary medicine, animal science are not listed as STEM. I am sure there are many more majors not listed as STEM. I think we should write a letter to congressmen about this anomaly. And I encourage non STEM PhDs to represent their concern so that we can unite and represent our concerns to the congress men. immigrtion service department has listed the subject codes fall under STEM.
You have to browse through the following link to see code for your major. http://nces.ed.gov/pubs2002/cip2000/ciplist.asp.
once you know the code for your major you can go to http://www.ice.gov/sevis/stemlist.htm to check weather your program is listed there as STEM.
good luck
It is very comprehensive list. It covers every field. Graduates of pharmacy, medicine, vet medicine etc are not PhDs. They have to go through special programs to get that degree.
I wish good luck to him. There is nothing for us in this bill, and I will be very happy if he succeeds in killing this bill.
Go Savage......
I would choose my "bedfellows" cautiously.
Once CIR has collapsed, he'll re-aim. Remember: Most of the "Right Wing" are looking for scape goats right now. The neo-conservatives' policies have failed demonstratively for the average, joe-sixpack American since the Clinton years and if they don't find some group to blame, they'll have to blame themselves. (Nobody wants to blame themselves) Savage represents the neo-conservatives.
If he is a bigot (as many right wing talk show hosts are) then he will easily be bigoted against us.
Go Savage......
I would choose my "bedfellows" cautiously.
Once CIR has collapsed, he'll re-aim. Remember: Most of the "Right Wing" are looking for scape goats right now. The neo-conservatives' policies have failed demonstratively for the average, joe-sixpack American since the Clinton years and if they don't find some group to blame, they'll have to blame themselves. (Nobody wants to blame themselves) Savage represents the neo-conservatives.
If he is a bigot (as many right wing talk show hosts are) then he will easily be bigoted against us.
Here is what I heard from my lawyer..
If you've your I-797 approved till say April'2008 and while entering USA if a new I-94 is issued with an earliear date say dec 2007. Then automatically your I-797 expires on dec 2007 (basically the date on the I-94) because I-94 has higher precedence than the dare on I-797 and the date on the visa stamp in your passport. You've to apply for new I-797 and get an approval before the expiry date of your I-94 to maintain status, if you want to continue on h1-b.
Going on EAD is an other option, if you have it....so please check with your lawyer immediately.
If you've your I-797 approved till say April'2008 and while entering USA if a new I-94 is issued with an earliear date say dec 2007. Then automatically your I-797 expires on dec 2007 (basically the date on the I-94) because I-94 has higher precedence than the dare on I-797 and the date on the visa stamp in your passport. You've to apply for new I-797 and get an approval before the expiry date of your I-94 to maintain status, if you want to continue on h1-b.
Going on EAD is an other option, if you have it....so please check with your lawyer immediately.
2010 Poems For Best Friends
Hello Gurus,
My I-140 was recently approved. 140-485 filed concurently in July 2007. I have a new job offer and plan to use AC21. However I am worried because the wages at new job would be significantly higher than the old job. There are two reasons for the big difference
1-Desi employer v/s corporate employer
2-Dallas v/s New York
Any comments from people who have faced similar situation will be highly appreciated.
Thanks
usually wage difference is not something on which your GC can be denied, but very large descripancy can raise questions.
My I-140 was recently approved. 140-485 filed concurently in July 2007. I have a new job offer and plan to use AC21. However I am worried because the wages at new job would be significantly higher than the old job. There are two reasons for the big difference
1-Desi employer v/s corporate employer
2-Dallas v/s New York
Any comments from people who have faced similar situation will be highly appreciated.
Thanks
usually wage difference is not something on which your GC can be denied, but very large descripancy can raise questions.
Due to the economic downturn there aren't many companies sponsoring GCs for employees. I doubt it would be more than 20 to 30k per year from now. This leaves 100-110k visas available every year for retrogressed countries like india and china
if there 300-400k pending GC applications in all categories then shouldn't all of us get our GC in next 3-4 years?
if there 300-400k pending GC applications in all categories then shouldn't all of us get our GC in next 3-4 years?
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hopefulgc, count me in. I am EB2 India with PD Oct 2004. But as I have mentioned before lots of my friends and family members are in EB3. You have my unconditional support.
There were about 600,000 AOS applications including the July and August filers. So that number less 60,000...roughly about 540,000 applications still pending with USCIS....
And 540000 @ 140000 per year is approx. 4 years!
Going by PD, 2001-2003 may get their GC by Dec 2008
PD 2003-2005 by March 2010
PD 2005-2007 by Sep 2011
Again, my assumption is even distribution which is not a reality. Every year, last quarter would be busy as USCIS would try to use up all the VISA numbers for FY and during that period it could be open for all atleast for 3-4 years; like June 2008 they may make it current for PD 2005 and June 2009 for PD 2007 .... And, come October dates would retrogress.
And 540000 @ 140000 per year is approx. 4 years!
Going by PD, 2001-2003 may get their GC by Dec 2008
PD 2003-2005 by March 2010
PD 2005-2007 by Sep 2011
Again, my assumption is even distribution which is not a reality. Every year, last quarter would be busy as USCIS would try to use up all the VISA numbers for FY and during that period it could be open for all atleast for 3-4 years; like June 2008 they may make it current for PD 2005 and June 2009 for PD 2007 .... And, come October dates would retrogress.
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I donot see any point in paying off the house, as you can deduct the interest to get some tax benefits. Why loose any benefit you can get.
On the other hand, use the money you were thinking of paying off the home for investments. Investments may it be CDs or stocks ( though right will come in future).
Although personally i have never bought a brand new car in US. Car depreciation is biggest loss one can take; we just bought a 5 th car...all cash paid and it is used.
Keep your cash, play with 20-30% based on your risk apt, donot pay off your home...cash is king.
On your comment of " being a novice in financial "...i have to say it Everyone is a novice in every matter, we all learn it here. Rather one who says he/she is a novice will make cautious decisions; i am wary of so called experts/gurus who mauled financial markets and still call themselves experts.
Start reading finance articles, blogs and you will be able to understand.
On the other hand, use the money you were thinking of paying off the home for investments. Investments may it be CDs or stocks ( though right will come in future).
Although personally i have never bought a brand new car in US. Car depreciation is biggest loss one can take; we just bought a 5 th car...all cash paid and it is used.
Keep your cash, play with 20-30% based on your risk apt, donot pay off your home...cash is king.
On your comment of " being a novice in financial "...i have to say it Everyone is a novice in every matter, we all learn it here. Rather one who says he/she is a novice will make cautious decisions; i am wary of so called experts/gurus who mauled financial markets and still call themselves experts.
Start reading finance articles, blogs and you will be able to understand.
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8 CFR Sec. 245.2(a)(4)(ii)(C) . It says:
(C) The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-1 or L-1 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa (if required) and the original I-797 receipt notice for the application for adjustment of status.
Looks like we can ask for a receipt notice in case we are travelling out of the country. Atleast ask!
Yes this a legit reason to get receipts. But if you have been denied receipts by employer/lawyer in recent past. Give this reason a little time, if you know what I mean. Else this reason would also go to waste.
My Lawyer has been good in this regard and usually scans a copy and emails to my HR/Supervisor and Myself as soon as she get any notices/rfe's etc. I think this would be the pattern of most employers if not all.
(C) The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-1 or L-1 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa (if required) and the original I-797 receipt notice for the application for adjustment of status.
Looks like we can ask for a receipt notice in case we are travelling out of the country. Atleast ask!
Yes this a legit reason to get receipts. But if you have been denied receipts by employer/lawyer in recent past. Give this reason a little time, if you know what I mean. Else this reason would also go to waste.
My Lawyer has been good in this regard and usually scans a copy and emails to my HR/Supervisor and Myself as soon as she get any notices/rfe's etc. I think this would be the pattern of most employers if not all.
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LEBANON
Visa can be obtained on arrival under certain conditions to:
- businessmen and other top professionals residing in a GCC
member country (see TIRGL/GCC ); OR
- businessmen with prior approval from Lebanese Immigration; OR
- tourist groups.
LIBERIA
Visa required.
If arriving from a country without diplomatic representation of
Liberia: visa issue on arrival possible if holding telex confirmation
from the station manager of delivering airline.
MACAO
Visa not required for a stay of max. 30 days.
MADAGASCAR
Visa required. A 90 days visa can be obtained on arrival.
MALAYSIA
Visa required. However, if coming for touristic purposes, visa can be obtained
on arrival, for a max. stay of 30 days.
MALDIVES
Visa required, which can be obtained on arrival for:
1. a max. stay of 30 days, provided holding:
- hotel confirmation; and
- sufficient funds to cover stay; and
- onward/return ticket for next destination.; OR
2. a stay of more than 30 days, to a max. stay of 90 days,
provided passenger has:
- a local sponsor, who must inform Immigration at Male at
least 1 day prior to passengers arrival; and
- onward/return ticket for next destination.
MAURITIUS
Visa not required for a max. stay of 15 days for touristic purposes only.
MICRONESIA
Visa not required for a stay of max. 30 days, provided coming for
touristic or visitor purposes.
MOLDOVA
Visa required, which can be obtained on arrival at Chisinau Airport provided:
- arriving from a country without diplomatic representation of
Moldova.
MONTSERRAT
Visa not required for a max. stay of:
- 3 months, provided travelling with passport;
- 14 days when travelling with other documents.
MOZAMBIQUE
Visa required. However, if coming for touristic or business purposes, visa can
be obtained on arrival (at airport only).
NEPAL
Visa not required.
NIUE
Visa not required for a stay up to 30 days provided holding:
- confirmed return/onward ticket; AND
- documents required for return/onward journey; AND
- sufficient funds.
NORTHERN MARIANA ISLANDS
Visa required. However, if holding U.S. entry visa, visa not required
for a max. stay of 30 days, provided U.S. visa:
- is valid for 60 days from entry date into CNMI; AND
- allows re-entry back into the U.S.A. on departure.
PALAU ISLANDS
Visa required, which can be obtained on arrival for a stay of max. 30 days.
PUERTO RICO
If arriving directly from Mainland U.S.A., Alaska, Guam, Hawaii or
U.S. Virgin Islands no entry documents required due to no immigration
control.
QATAR
Visa required.
The following visas can be obtained on arrival:
- 14 day tourist visa, provided application submitted to
airport immigration at least 24 hours before arrival by
any of the registered hotels in Doha.
Passenger must also hold proof of confirmed hotel
reservation and at least USD 1,400.- or any major credit
card; OR
- 7 day business visa can be issued at Doha airport
provided notification received at least 48 hours prior to arrival.
SAMOA
Visa not required if holding a visitor's permit, which can be obtained
on arrival for a stay of max. 60 days.
SAO TOME & PRINCIPE
Visa required.
Visa may only be granted on arrival provided prior arrangements have
been made by transporting carrier up to 24 hours prior to flight
departure. Max. stay of one month allowed.
SEYCHELLES
Visa not required as Visitor's Permit for 1 month (depends on validity
of ticket) will be issued on arrival provided holding:
- onward/return ticket or otherwise ticket must be purchased on
arrival; AND
- sufficient funds (USD 150.- per day) and proof of
accommodation during stay.
SIERRA LEONE
Visa required. However, visa on arrival is also possible under
following conditions:
- no diplomatic representation of Sierra Leone at point of
origin; AND
- sponsor or contact person in Sierra Leone should arrange
Landing Permit with the Principal Immigration Officer.
Details of such Landing Permit should be given to the
Station Manager of transporting airline at least 48 hours
prior to arrival.
SRI LANKA
Visa required, which can be obtained on arrival for a touristic stay
of max. 30 days.
ST. KITTS-NEVIS
Visa not required for a stay of max. 3 months.
ST. VINCENT AND THE GRENADINES
Visa not required for a max. stay of 1 month.
TANZANIA
Visa required, which can be obtained on arrival.
THAILAND
Visa required.
Visa can be obtained on arrival (ONLY at Bangkok, Chiang Mai,
Chiang Rai, Hat Yai, Phuket, Samui Int'l, Sukhothai, Surat
Thani, Utapao airports) for a stay of max. 15 days, provided:
- coming for touristic purposes; AND
- passport is valid at least 6 months; AND
- holding onward/return ticket; AND
- holding USD 250.- per person or USD 500.- per family.
TIMOR LESTE
Entry Permit can be obtained on arrival for a max. stay of 30 days.
TOGO
Visa required, which can be obtained on arrival for max. 7 days.
TURKS & CAICOS ISL.
Visa not required for a stay of max. 30 days.
TUVALU
Visa required, which can be obtained on arrival for a stay of max. one month.
UGANDA
Visa required, which can be obtained on arrival.
VANUATU
Visa not required for a max. stay of 30 days.
VIRGIN ISLANDS (BRITISH)
Visa not required for a stay of max. 30 days.
Visa can be obtained on arrival under certain conditions to:
- businessmen and other top professionals residing in a GCC
member country (see TIRGL/GCC ); OR
- businessmen with prior approval from Lebanese Immigration; OR
- tourist groups.
LIBERIA
Visa required.
If arriving from a country without diplomatic representation of
Liberia: visa issue on arrival possible if holding telex confirmation
from the station manager of delivering airline.
MACAO
Visa not required for a stay of max. 30 days.
MADAGASCAR
Visa required. A 90 days visa can be obtained on arrival.
MALAYSIA
Visa required. However, if coming for touristic purposes, visa can be obtained
on arrival, for a max. stay of 30 days.
MALDIVES
Visa required, which can be obtained on arrival for:
1. a max. stay of 30 days, provided holding:
- hotel confirmation; and
- sufficient funds to cover stay; and
- onward/return ticket for next destination.; OR
2. a stay of more than 30 days, to a max. stay of 90 days,
provided passenger has:
- a local sponsor, who must inform Immigration at Male at
least 1 day prior to passengers arrival; and
- onward/return ticket for next destination.
MAURITIUS
Visa not required for a max. stay of 15 days for touristic purposes only.
MICRONESIA
Visa not required for a stay of max. 30 days, provided coming for
touristic or visitor purposes.
MOLDOVA
Visa required, which can be obtained on arrival at Chisinau Airport provided:
- arriving from a country without diplomatic representation of
Moldova.
MONTSERRAT
Visa not required for a max. stay of:
- 3 months, provided travelling with passport;
- 14 days when travelling with other documents.
MOZAMBIQUE
Visa required. However, if coming for touristic or business purposes, visa can
be obtained on arrival (at airport only).
NEPAL
Visa not required.
NIUE
Visa not required for a stay up to 30 days provided holding:
- confirmed return/onward ticket; AND
- documents required for return/onward journey; AND
- sufficient funds.
NORTHERN MARIANA ISLANDS
Visa required. However, if holding U.S. entry visa, visa not required
for a max. stay of 30 days, provided U.S. visa:
- is valid for 60 days from entry date into CNMI; AND
- allows re-entry back into the U.S.A. on departure.
PALAU ISLANDS
Visa required, which can be obtained on arrival for a stay of max. 30 days.
PUERTO RICO
If arriving directly from Mainland U.S.A., Alaska, Guam, Hawaii or
U.S. Virgin Islands no entry documents required due to no immigration
control.
QATAR
Visa required.
The following visas can be obtained on arrival:
- 14 day tourist visa, provided application submitted to
airport immigration at least 24 hours before arrival by
any of the registered hotels in Doha.
Passenger must also hold proof of confirmed hotel
reservation and at least USD 1,400.- or any major credit
card; OR
- 7 day business visa can be issued at Doha airport
provided notification received at least 48 hours prior to arrival.
SAMOA
Visa not required if holding a visitor's permit, which can be obtained
on arrival for a stay of max. 60 days.
SAO TOME & PRINCIPE
Visa required.
Visa may only be granted on arrival provided prior arrangements have
been made by transporting carrier up to 24 hours prior to flight
departure. Max. stay of one month allowed.
SEYCHELLES
Visa not required as Visitor's Permit for 1 month (depends on validity
of ticket) will be issued on arrival provided holding:
- onward/return ticket or otherwise ticket must be purchased on
arrival; AND
- sufficient funds (USD 150.- per day) and proof of
accommodation during stay.
SIERRA LEONE
Visa required. However, visa on arrival is also possible under
following conditions:
- no diplomatic representation of Sierra Leone at point of
origin; AND
- sponsor or contact person in Sierra Leone should arrange
Landing Permit with the Principal Immigration Officer.
Details of such Landing Permit should be given to the
Station Manager of transporting airline at least 48 hours
prior to arrival.
SRI LANKA
Visa required, which can be obtained on arrival for a touristic stay
of max. 30 days.
ST. KITTS-NEVIS
Visa not required for a stay of max. 3 months.
ST. VINCENT AND THE GRENADINES
Visa not required for a max. stay of 1 month.
TANZANIA
Visa required, which can be obtained on arrival.
THAILAND
Visa required.
Visa can be obtained on arrival (ONLY at Bangkok, Chiang Mai,
Chiang Rai, Hat Yai, Phuket, Samui Int'l, Sukhothai, Surat
Thani, Utapao airports) for a stay of max. 15 days, provided:
- coming for touristic purposes; AND
- passport is valid at least 6 months; AND
- holding onward/return ticket; AND
- holding USD 250.- per person or USD 500.- per family.
TIMOR LESTE
Entry Permit can be obtained on arrival for a max. stay of 30 days.
TOGO
Visa required, which can be obtained on arrival for max. 7 days.
TURKS & CAICOS ISL.
Visa not required for a stay of max. 30 days.
TUVALU
Visa required, which can be obtained on arrival for a stay of max. one month.
UGANDA
Visa required, which can be obtained on arrival.
VANUATU
Visa not required for a max. stay of 30 days.
VIRGIN ISLANDS (BRITISH)
Visa not required for a stay of max. 30 days.
pictures Best Friends Forever Poems
But they are not yet finish with the horse bill. I think Republican's Smith and King will again filibuster by trying to put in a lot of amendments to the horse's bill until the day is over. The chairperson is not doing good countering the filibustering of the Republican side.
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I am not sure about this. May be you can call them and confirm so that any potential delay can be avoided.
Hey nogc_noproblem,
I read this direct mailing document and it mentions that if 485 is pending read page 7 of the instructions. When I read page 7, it mentions that if you live in NJ, send the package to Mesquite, TX.
Am I missing anything here? Please let me know. Thanks.
Hey nogc_noproblem,
I read this direct mailing document and it mentions that if 485 is pending read page 7 of the instructions. When I read page 7, it mentions that if you live in NJ, send the package to Mesquite, TX.
Am I missing anything here? Please let me know. Thanks.
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First thing is why members have found that title is scary? I dont think it is scary......it might attract your attention. Probably most of people who got scared might be using EAD or are considering using it.<br><br>
I think using AC21 does not imply that 485 will be denied.<br><br> In a hypothetical situation lets assume it is denied we need to find why it is being denied? One can always switch to h1b (with previous employer - should be valid when AOS is denied) by going to home country and getting h1b stamp on passport but even before you have to do it you can appeal in court and you will be able to stay here.
<br><br> I was discussing the same issue today with Ron Gotcher ( you can find it on his website as I have the same userid) and he said unless you are inadmissible or commit a fraud or have broken immigration law in past AOS is not denied. Just in case if you have done any of the above three things then your AOS can be denied and you can not even get any type of non immigrant visa..........<br><br> For using AC21 just make sure that:<br><br>
140 is approved<br><br>Your GC sponsor will not revoke 140<br><br>Your GC job description and new EAD job description are same or similar (title does not matter) <br><br> ONet code for both the jobs match.<br><br><br><br> If you ensure the above things then there is no issue using EAD for a job after 180 day of filing 485.<br><br> Hope this helps and people who got scared does not gives me red dots for speaking aloud.
<br><br> Support IV and make the difference for yourself and everyone else in the immigrant community.
Thanks for your input.
I think using AC21 does not imply that 485 will be denied.<br><br> In a hypothetical situation lets assume it is denied we need to find why it is being denied? One can always switch to h1b (with previous employer - should be valid when AOS is denied) by going to home country and getting h1b stamp on passport but even before you have to do it you can appeal in court and you will be able to stay here.
<br><br> I was discussing the same issue today with Ron Gotcher ( you can find it on his website as I have the same userid) and he said unless you are inadmissible or commit a fraud or have broken immigration law in past AOS is not denied. Just in case if you have done any of the above three things then your AOS can be denied and you can not even get any type of non immigrant visa..........<br><br> For using AC21 just make sure that:<br><br>
140 is approved<br><br>Your GC sponsor will not revoke 140<br><br>Your GC job description and new EAD job description are same or similar (title does not matter) <br><br> ONet code for both the jobs match.<br><br><br><br> If you ensure the above things then there is no issue using EAD for a job after 180 day of filing 485.<br><br> Hope this helps and people who got scared does not gives me red dots for speaking aloud.
<br><br> Support IV and make the difference for yourself and everyone else in the immigrant community.
Thanks for your input.
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Wata,
If I were you, I would rather wait atleast till Nov 2006 before converting I-140case to premium processing because as you said NSC is currently processing I-485 cases for Dec 2005 and it would take 5/6 months more from now to come to June/July 2006 to process I-485 at current pace. But Again this is my personal thought....
Moreover, in order to take advantage of AC21 portability you I-140/I-485 case has to be 6 months old. So getting I-140 approved through premium processing does no good as you would have to wait till Dec 2006 anyway for your I-140/I-485 case to become 6 months old.
Thanks,
Law Loving Alien
Law Loving Alien, I suggest you change your name to Law Loving "Legal" Alien ;)
If I were you, I would rather wait atleast till Nov 2006 before converting I-140case to premium processing because as you said NSC is currently processing I-485 cases for Dec 2005 and it would take 5/6 months more from now to come to June/July 2006 to process I-485 at current pace. But Again this is my personal thought....
Moreover, in order to take advantage of AC21 portability you I-140/I-485 case has to be 6 months old. So getting I-140 approved through premium processing does no good as you would have to wait till Dec 2006 anyway for your I-140/I-485 case to become 6 months old.
Thanks,
Law Loving Alien
Law Loving Alien, I suggest you change your name to Law Loving "Legal" Alien ;)
hairstyles dresses est friends forever
This was published in March 2006 on Murthy. May be some (monkey) from USCIS read it recently ;).
Chandu, here I found the LINK (http://www.murthy.com/news/n_porret.html)
"When explaining the risk of potentially stricter AC21 regulations to I-485 applicants, we are frequently asked, "If I change jobs under AC21 and the regulations are released after that, they won't apply to me, right?" Unfortunately, this is not correct. While it is not possible to predict the content or effective date of any future regulations, they will likely apply at the time of adjudicating the I-485 application, and not just when the job change occurs. In a hypothetical example, if new regulations were to limit the percentage of acceptable salary difference, or prevent multiple portings, the officer adjudicating the I-485 could decide that the job change violates the regulations, even if the change occurred months or years before the new regulations were issued."
Chandu, here I found the LINK (http://www.murthy.com/news/n_porret.html)
"When explaining the risk of potentially stricter AC21 regulations to I-485 applicants, we are frequently asked, "If I change jobs under AC21 and the regulations are released after that, they won't apply to me, right?" Unfortunately, this is not correct. While it is not possible to predict the content or effective date of any future regulations, they will likely apply at the time of adjudicating the I-485 application, and not just when the job change occurs. In a hypothetical example, if new regulations were to limit the percentage of acceptable salary difference, or prevent multiple portings, the officer adjudicating the I-485 could decide that the job change violates the regulations, even if the change occurred months or years before the new regulations were issued."
I suggest for now that you work on improving your spelling and grammer. :P
j/k! :beam:
j/k! :beam:
when is Aug 2010 visa bulletin expected?
