I think your plan may work out just fine. I would make a couple of suggestions:
1. If you are taking LOA from original employer, for practical purposes (for USCIS), you are not employed with that employer any more (they go by pay stubs). But if doing so helps to avoid revocation of 140, go ahead and do it that way.
2. Because you will actually get your pay check from new employer, you are employed by them (and you will work on EAD with them, make sure that this is mentioned on your I-9 form). No matter how much ignorant your employer is, they will have to have I-9 on file and it must have your EAD (not H1).
3. After doing this, you will be on I 485 pending status (no longer on H status), and so make sure you have current EAD and AP all the time.
4. If something goes wrong with your I 485 (very unlikely); you will have to leave the country and enter back on H visa and work for H visa sponsoring employer (probably your old employer).
5. It is perfectly fine to not file AC21. AC21 is needed only if you do not plan to join original sponsoring employer after GC approval. However, if you do want to file AC21, you do not need much documentation from your new employer. It just needs the simple letter stating your job position as a "physician" and brief job duties (briefer the better!) and salary (should be proportional or higher). If you do not file AC21, you may just keep that documentation on file with your attorney (which I would do to be on safe side). The implication of having this is as follows:
--If you have this documentation (even if not filed with USCIS), at the time of approval of your GC you will have the option of just staying with new employer or going back to original employer.
--If you do not have this, you will have to go back to original employer after GC approval with a "good faith intention of permanent job".
PM me if you have questions about what I said above, and I will be happy to talk to you.
Good Luck.
very helpful reply..I guess i will go ahead and take the plunge next year ...who knows if the stars are right we may all be greened soooooon.!
gave u $$..thanx
1. If you are taking LOA from original employer, for practical purposes (for USCIS), you are not employed with that employer any more (they go by pay stubs). But if doing so helps to avoid revocation of 140, go ahead and do it that way.
2. Because you will actually get your pay check from new employer, you are employed by them (and you will work on EAD with them, make sure that this is mentioned on your I-9 form). No matter how much ignorant your employer is, they will have to have I-9 on file and it must have your EAD (not H1).
3. After doing this, you will be on I 485 pending status (no longer on H status), and so make sure you have current EAD and AP all the time.
4. If something goes wrong with your I 485 (very unlikely); you will have to leave the country and enter back on H visa and work for H visa sponsoring employer (probably your old employer).
5. It is perfectly fine to not file AC21. AC21 is needed only if you do not plan to join original sponsoring employer after GC approval. However, if you do want to file AC21, you do not need much documentation from your new employer. It just needs the simple letter stating your job position as a "physician" and brief job duties (briefer the better!) and salary (should be proportional or higher). If you do not file AC21, you may just keep that documentation on file with your attorney (which I would do to be on safe side). The implication of having this is as follows:
--If you have this documentation (even if not filed with USCIS), at the time of approval of your GC you will have the option of just staying with new employer or going back to original employer.
--If you do not have this, you will have to go back to original employer after GC approval with a "good faith intention of permanent job".
PM me if you have questions about what I said above, and I will be happy to talk to you.
Good Luck.
very helpful reply..I guess i will go ahead and take the plunge next year ...who knows if the stars are right we may all be greened soooooon.!
gave u $$..thanx
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thank you, dhirajs. What was the amount (so that i can add it to the total)? Thanks..
$50
$50
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Can you please put a poll on top which will let us know on how many people called
Not able to find how to start a new thread... so I start my prediction here :-)
Category ROW China India Mexico Philipines
EB2 C 01MAR06 01June04 C C
3rd 01AUG03 01SEP01 22APR02 22APR02 01AUG03
Category ROW China India Mexico Philipines
EB2 C 01MAR06 01June04 C C
3rd 01AUG03 01SEP01 22APR02 22APR02 01AUG03
I am probably waiting for the longest here for EAD, my app received on July 2nd at NCS. Called numerous times, sent form 7001, emailed senators twice, 3 infopass appointments, still no progress. I submitted expedite request based on humanitarian grounds last week, have been calling daily to check status of expedite and still remains pending. My case now pending about 157 days. Anything more that I need to do ?
You are not the only one....my application was also sent on July 2nd and I got FP notices (both my wife and I) and AP approved (both my wife and I).
My wife received EAD on 10/22 and so far there has been absolutely no update on my LUD and EAD application is still pending. The service center is Nebraska and I am the primary applicant. I think there a a lot of people in the same boat.
You are not the only one....my application was also sent on July 2nd and I got FP notices (both my wife and I) and AP approved (both my wife and I).
My wife received EAD on 10/22 and so far there has been absolutely no update on my LUD and EAD application is still pending. The service center is Nebraska and I am the primary applicant. I think there a a lot of people in the same boat.
Hello,
I am new to this site and had a question about the Nov. bulletin that maybe someone might be able to answer. I am EB3 ROW and I am still not able to submit my I-140 + I-485 concurrently by 5 days (my PD is July 5, 2002).
Do you expect the EB3 ROW dates to move forward at all in the Dec. bulletin?
I just need to know because my lawyer is pressuring me to submit my I-140 not concurrently, but I wondered if I just should wait for a month.
Thanks in advance for your help!
I am new to this site and had a question about the Nov. bulletin that maybe someone might be able to answer. I am EB3 ROW and I am still not able to submit my I-140 + I-485 concurrently by 5 days (my PD is July 5, 2002).
Do you expect the EB3 ROW dates to move forward at all in the Dec. bulletin?
I just need to know because my lawyer is pressuring me to submit my I-140 not concurrently, but I wondered if I just should wait for a month.
Thanks in advance for your help!
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Is something being arranged on the chapter level as well?
I was there for rally and will also join for this one.
Amit has just now sent an email to most of the members that attended DC meet in 2007. I hope you were part of that email list. Otherwise, send me a PM.
I was there for rally and will also join for this one.
Amit has just now sent an email to most of the members that attended DC meet in 2007. I hope you were part of that email list. Otherwise, send me a PM.
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Unfortunately that report just shows that we are now on the radar of FAIR, a a very aggressive anti-immigrant group. Google to learn more about FAIR.
Did you read the title and the comment?
Of course, this is not surprising, that anti-immigrants are furious to discover that we have anything to do with Congress.
Looks like someone is finally posting from our side too there !
Did you read the title and the comment?
Of course, this is not surprising, that anti-immigrants are furious to discover that we have anything to do with Congress.
Looks like someone is finally posting from our side too there !
will USCIS only issue EAD after I-140 gets approved in case where I-140 is pending during I-485 filing?
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If at all something happens, it should be in July/August bulletin, forget the rest of the months prediction....lets have a peaceful few months........
I agree with you there will be no chnage untill July Aug Bullettin
Trust me this is whats going to happen but i wish i am wrong.
Best Regards
Saburi
I agree with you there will be no chnage untill July Aug Bullettin
Trust me this is whats going to happen but i wish i am wrong.
Best Regards
Saburi
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vinod,
Few days ago, the IV team was looking for genuine people who got their I-485 denied because of AC21 issues. You should try to contact them. They will be able to help you out.
Also try to write to Ombudsman of the wrongful denial. This is all if indeed your AOS was denied because of I-140 revocation and pending AOS after 180 days.
Can I ask you something? Is your case a labor substitution ? If it is,I know that if the company tries subsitute a labor for a person whose moved using AC21 for another person that is not allowed.
Few days ago, the IV team was looking for genuine people who got their I-485 denied because of AC21 issues. You should try to contact them. They will be able to help you out.
Also try to write to Ombudsman of the wrongful denial. This is all if indeed your AOS was denied because of I-140 revocation and pending AOS after 180 days.
Can I ask you something? Is your case a labor substitution ? If it is,I know that if the company tries subsitute a labor for a person whose moved using AC21 for another person that is not allowed.
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USCIS just seems to be changing rules according to their whims and fancies. They are changing rules according to their convenience. What do these idiots think of themselves? One cannot plan on anything when we are dealing with USCIS. What's good today may not be good tomorrow. Do they expect us to be stuck in the backlogs and wait for years together for them to take their own sweet time to process applications? May be a case of job security for these lazy staff.
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I have been a big fan of IV and have been a visitor to IV for a while. I now plan to become a volunteer and join my state chapter and also contribute in all possible ways to IV because I think IV is the best thing to happen to this community.
Dear gurus - here is my issue and I need some real concrete help.
I was working for a New Jersey based consulting company on a percentage basis ie 80/20 and all costs towards GC and h1b were by me. I found my own projects and negotiated my own billing rate.
I worked for this company for 3 years and filed for 485 in July 2007. I am EB2 India with a priority date of March 2nd, 2006. My 140 was approved in June, 2006.
In March, 2008 my project got over and I started looking for new projects. Market conditions forced me to take up a fulltime job using my EAD and I had to move into a fulltime job.
As it is safe past 180 days, I used AC21 portability and moved.
I had been having excellent relationship with my desi employer and in fact also payed up some money to the employer because the client did not pay for last 2 months of my project and my desi employer held me responsible as it was me who negotiated with the client and said it is my issue - for which I agreed.
I already sent a AC21 letter to USCIS through my Attorney - I am not sure if my file got updated.
My desi employer wants to withdraw the 140 petition now. He says, he cannot keep 140 petitions of employees who leave the organization and not on w2 and he will have "ability to pay issue"
I have heard horror stories of USCIS issuing denials and NOID because AC21 letter never reached the file even though it was sent in time and I guess this is exactly what my desi employer thinks - teach lesson by withdrawing 140.
I spoke to my Attorney and she says "your file may not be updated but we will keep a record that we sent" useful in case we want to respond to NOID or RFE.
Folks - please post your AC21 success/horror stories when previous employer withdrew the 140 petition.
What are my options to avoid a NOID or denial
Thanks in advance
Dear gurus - here is my issue and I need some real concrete help.
I was working for a New Jersey based consulting company on a percentage basis ie 80/20 and all costs towards GC and h1b were by me. I found my own projects and negotiated my own billing rate.
I worked for this company for 3 years and filed for 485 in July 2007. I am EB2 India with a priority date of March 2nd, 2006. My 140 was approved in June, 2006.
In March, 2008 my project got over and I started looking for new projects. Market conditions forced me to take up a fulltime job using my EAD and I had to move into a fulltime job.
As it is safe past 180 days, I used AC21 portability and moved.
I had been having excellent relationship with my desi employer and in fact also payed up some money to the employer because the client did not pay for last 2 months of my project and my desi employer held me responsible as it was me who negotiated with the client and said it is my issue - for which I agreed.
I already sent a AC21 letter to USCIS through my Attorney - I am not sure if my file got updated.
My desi employer wants to withdraw the 140 petition now. He says, he cannot keep 140 petitions of employees who leave the organization and not on w2 and he will have "ability to pay issue"
I have heard horror stories of USCIS issuing denials and NOID because AC21 letter never reached the file even though it was sent in time and I guess this is exactly what my desi employer thinks - teach lesson by withdrawing 140.
I spoke to my Attorney and she says "your file may not be updated but we will keep a record that we sent" useful in case we want to respond to NOID or RFE.
Folks - please post your AC21 success/horror stories when previous employer withdrew the 140 petition.
What are my options to avoid a NOID or denial
Thanks in advance
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Most of the IVans have given good suggestions though no one is a pro on domestic violence case. We are not in stone age - Personally, I dont like any kind of violence against women including the people who does. I think you should get a good attorney, prove that you are innocent and move on.
Guys! Stop responding to this thread and make this disappear.
Guys! Stop responding to this thread and make this disappear.
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Hey bkarnik,
As the report said that there is a possibility that there will be a loss of 40k visas. My question to you is What will be the I485 processing date in the Visa Bulletin if we assume that 40k visas are not loss by the agency. You guess estimate is also fine.
I don't think it will make a huge amount of difference. The visa loss is due to lack of manpower in processing applications. Now there will be even more applications and presumably no extra hands to approve them.
As the report said that there is a possibility that there will be a loss of 40k visas. My question to you is What will be the I485 processing date in the Visa Bulletin if we assume that 40k visas are not loss by the agency. You guess estimate is also fine.
I don't think it will make a huge amount of difference. The visa loss is due to lack of manpower in processing applications. Now there will be even more applications and presumably no extra hands to approve them.
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Incorrect.
You have to register the birth with the consulate (to get an Indian birth certificate) within a year using this form (see part II) (http://www.cgisf.org/visa/misc.pdf), following which you should be able to get an Indian passport. The USA will not issue a visa on this passport since it considers the child to be a US citizen. However, US policy in this regard does not matter if the child never travels to the US.
Yes you are right and I was incorrect for base information but for this original poster it will not still work as he has already taken a US passport for his child and thus his child is now US citizen and so Indian citizenship will not be granted. Please see the content of declaration on the link what you posted.
You have to register the birth with the consulate (to get an Indian birth certificate) within a year using this form (see part II) (http://www.cgisf.org/visa/misc.pdf), following which you should be able to get an Indian passport. The USA will not issue a visa on this passport since it considers the child to be a US citizen. However, US policy in this regard does not matter if the child never travels to the US.
Yes you are right and I was incorrect for base information but for this original poster it will not still work as he has already taken a US passport for his child and thus his child is now US citizen and so Indian citizenship will not be granted. Please see the content of declaration on the link what you posted.
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I know, you guys are all over it & can not disclose everything. However in order to keep team moral high please do confirm that Hard CAP & I-485 filing in very much ON.
I know you guys are on it but for the sake of emotional confort, please mention it once again
Thanks
I know you guys are on it but for the sake of emotional confort, please mention it once again
Thanks
Yes I think we should also try to see if non-immigrant people who have already bought a home they should higher priority date than people buying now. Also given the case of ailing auto industry add buying American car in the list too.
Dont worry, I am sure, being the feminist he is, he wont mind :)
I dont disrespect females...anything wrong with that?
I dont disrespect females...anything wrong with that?
