kris04
11-25 08:06 PM
Hello,
I joined company B in April and prior to that I was working for company A. Fragoman was company A's attorney. Through company A I had my labor certified, I-140 approved and my 485 was pending for more than 180 days and hence I was able to switch my job using AC21. My job was in the same and similar job classification. The AC21 documents were sent to USCIS in early April by company B's attorney.
Last week of October, I received my finger printing notice as part of my I-485 process. When I contacted company B's attorney, they never received any courtesy copy for my finger printing notice. Today I called up USCIS customer service to find out the attorney on record for my file. They mentioned that it was still company A's and the courtesy copy was sent to them. I mentioned to the officer that AC21 was filed which had the change in attorney information. She said that they do not have any records of it. She advised me to send a copy of the AC21 forms again along with the G28 documents.
My question is if company B's attorney send the AC21 documents, will USCIS question why the documents are being sent after 8 months of switching jobs?
Will this trigger an RFE?
Please advise.
This is my personal experience, I filed AC 21 with new G 28 form through a lawyer to update change of attorney on file plus change of employment notification. Later I called customer service several times after 2 months to see if USCIS updated my file, but turned out not updated. Fortunately in August 2008, my I 485 was approved without any RFE and the welcome notice meant for Attorney's was sent to new attorney, the old attorney did not receive it. Bottom line is USCIS is slow in updating your AC 21 request and definitely not update their computer system accessible to USCIS customer service about AC 21 request, however it looks like they add the document to your physical file. Now I am sure in my case USCIS have taken note of AC21 request during approval.
Good Luck
HTH
kris
I joined company B in April and prior to that I was working for company A. Fragoman was company A's attorney. Through company A I had my labor certified, I-140 approved and my 485 was pending for more than 180 days and hence I was able to switch my job using AC21. My job was in the same and similar job classification. The AC21 documents were sent to USCIS in early April by company B's attorney.
Last week of October, I received my finger printing notice as part of my I-485 process. When I contacted company B's attorney, they never received any courtesy copy for my finger printing notice. Today I called up USCIS customer service to find out the attorney on record for my file. They mentioned that it was still company A's and the courtesy copy was sent to them. I mentioned to the officer that AC21 was filed which had the change in attorney information. She said that they do not have any records of it. She advised me to send a copy of the AC21 forms again along with the G28 documents.
My question is if company B's attorney send the AC21 documents, will USCIS question why the documents are being sent after 8 months of switching jobs?
Will this trigger an RFE?
Please advise.
This is my personal experience, I filed AC 21 with new G 28 form through a lawyer to update change of attorney on file plus change of employment notification. Later I called customer service several times after 2 months to see if USCIS updated my file, but turned out not updated. Fortunately in August 2008, my I 485 was approved without any RFE and the welcome notice meant for Attorney's was sent to new attorney, the old attorney did not receive it. Bottom line is USCIS is slow in updating your AC 21 request and definitely not update their computer system accessible to USCIS customer service about AC 21 request, however it looks like they add the document to your physical file. Now I am sure in my case USCIS have taken note of AC21 request during approval.
Good Luck
HTH
kris
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my_gc_wait
08-10 11:20 AM
1. You can ask them for H1 transfer and AC21 portability of your existing EB3 GC Process.
2. You can also ask them for doing EB2 processing, some employers have policy that they will do it after 6-12 months but you should do it before joining so that they can analyze if position suits EB2 needs.
And both of the above should be done before joining a new employer because before joining you are in better bargaining position provided you rocked the interviews.
2. You can also ask them for doing EB2 processing, some employers have policy that they will do it after 6-12 months but you should do it before joining so that they can analyze if position suits EB2 needs.
And both of the above should be done before joining a new employer because before joining you are in better bargaining position provided you rocked the interviews.
mantagon
07-15 01:01 PM
If your wife has given the EAD info to her employer (may be through W-9 form), then she does not have to report the change of status to USCIS, rather the employer is responsible for the notification.
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manand24
08-03 12:17 PM
Well atleast we arent alone I guess
Hopefully we will get them soon! Keeping fingers crossed! Just imagine the wait times for AP, EAD and eventually GC. Just forget about it!
Hopefully we will get them soon! Keeping fingers crossed! Just imagine the wait times for AP, EAD and eventually GC. Just forget about it!
more...
mjdup
02-12 12:42 PM
This is a start and a good one....:) Bravo for being honest and stepping in..
frostrated
08-10 10:09 AM
frostrated & smuggymba
Thanks for ur replies....
As I am EB3 - MAY 2009....No question of I 485 soon....
thats the reason for the F1....
U said to show the intent that we leave US back....but my I 140 is approved which makes the letter of intent very contradictory (unless they dont see my papers when processing my wife's F1).
And also, see the pattern She was on B1 - H4 - F1 (all COS), this is the main concern.
Whether is the letter of intent makes them believable!!!
Regarding funds availability, We have funds equivalent to 80% of 1st year fee (which shown on I 20), AND ALSO I AM SUBMITTING AN AFFIDAVIT THAT I AM SPONSORING MY WIFE.
Frostrated: College is only giving I 20 rest of the things we have to do ourselves.
140 is on your name and not your wife's. You do not have to show that you are trying to apply for GC. Your sponsorship for your wife is coming from your status as a H1B. IT does not matter how many times you do COS. What matters is the last status you hold, which is H4. B1 to F1 might be an issue, but you dont have to worry about it as your are H4 to F1.
If college is only providing I-20, no problem. Once you get the I-20, you can apply for COS yourself. You will need to provide a copy of the I-20, ability to pay for at least the first year's of study (bank statements and a letter from the bank, your salary slips as the sponsor, a letter from your employer that you are employed by them and the pay that you are getting - dont need to have skill set like in an employment verification letter), a letter from your wife requesting transfer of status to F1 and the letter should also state that she intends to return to her country of residence (India in your case) at the completion of her studies. Make sure you do not mention about any GC related info. The moment you mention that, it raises a flag and might involve the issuance of a 221(g) - intention to immigrate to the US. A student visa is a non-immigrant intent visa and not a dual-intent visa like a H1B.
If you have any questions, send me a PM and we can discuss.
Thanks for ur replies....
As I am EB3 - MAY 2009....No question of I 485 soon....
thats the reason for the F1....
U said to show the intent that we leave US back....but my I 140 is approved which makes the letter of intent very contradictory (unless they dont see my papers when processing my wife's F1).
And also, see the pattern She was on B1 - H4 - F1 (all COS), this is the main concern.
Whether is the letter of intent makes them believable!!!
Regarding funds availability, We have funds equivalent to 80% of 1st year fee (which shown on I 20), AND ALSO I AM SUBMITTING AN AFFIDAVIT THAT I AM SPONSORING MY WIFE.
Frostrated: College is only giving I 20 rest of the things we have to do ourselves.
140 is on your name and not your wife's. You do not have to show that you are trying to apply for GC. Your sponsorship for your wife is coming from your status as a H1B. IT does not matter how many times you do COS. What matters is the last status you hold, which is H4. B1 to F1 might be an issue, but you dont have to worry about it as your are H4 to F1.
If college is only providing I-20, no problem. Once you get the I-20, you can apply for COS yourself. You will need to provide a copy of the I-20, ability to pay for at least the first year's of study (bank statements and a letter from the bank, your salary slips as the sponsor, a letter from your employer that you are employed by them and the pay that you are getting - dont need to have skill set like in an employment verification letter), a letter from your wife requesting transfer of status to F1 and the letter should also state that she intends to return to her country of residence (India in your case) at the completion of her studies. Make sure you do not mention about any GC related info. The moment you mention that, it raises a flag and might involve the issuance of a 221(g) - intention to immigrate to the US. A student visa is a non-immigrant intent visa and not a dual-intent visa like a H1B.
If you have any questions, send me a PM and we can discuss.
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REEF�
06-11 05:43 PM
suuurree..
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andy garcia
01-17 06:53 AM
That is all I did a couple of years ago.
I took the passport of my wife and that was it.
I took the passport of my wife and that was it.
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lutherpraveen
09-19 06:42 PM
This is called Pork-Barrel politics. It refers to government spending that is intended to benefit a particular politicians view point in return for their political support on a non-related item.
It is unfortunate that we are put in a situation to support an unethical (not illegal though) practise, but bottom line, this ammendment (if passed) will help us.
My personal view is not to piggy-back our provisions with a bill that is either non-related (like the defense appropriation) or a moral opposite (illegal immigration).
It would be so nice that if we have the clout to influence the law makers to have "our own" bill with just our provisions.
I am sure we will achieve that goal with the progress IV is making in that area.
How come a bill which talks about " ....authorize appropriations for fiscal year 2008 for military activities of the Department of Defense......" can link an amendment which talks about different thing i.e. "..Recapture of Unused Employment-Based Immigrant Visas..."
It is unfortunate that we are put in a situation to support an unethical (not illegal though) practise, but bottom line, this ammendment (if passed) will help us.
My personal view is not to piggy-back our provisions with a bill that is either non-related (like the defense appropriation) or a moral opposite (illegal immigration).
It would be so nice that if we have the clout to influence the law makers to have "our own" bill with just our provisions.
I am sure we will achieve that goal with the progress IV is making in that area.
How come a bill which talks about " ....authorize appropriations for fiscal year 2008 for military activities of the Department of Defense......" can link an amendment which talks about different thing i.e. "..Recapture of Unused Employment-Based Immigrant Visas..."
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satishku_2000
06-15 11:08 PM
Dude i think you have WAYYYY overestimated the processing times!!
I think I might have ....I will not be surprise if they establish BECs for all of these ...:) BECs for AP, BECs for EAD and BECs for 485 ...
The guys who dint have experience with BECS in labor stage will see what BEC means. People like me have to experience more than once ...
If CIR passes in its current form forget about GC for 15 more years ....:D :D :D :D :D :D :D :D :D
This is what an american friend of mine mailed me back when I told him that I can finally apply for my 485..
"Glad to hear.
but.... correct me if I'm wrong but that doesn't really mean anything does it?
doesn't that mean that you're just moving from one line (where you can somewhat see your progress) to another line (where there is no update)?
I'm not sure what the 3rd stage means. it's waiting for another 5 or 10 years or something right?
any benefit or anything?"
Afte that I explained him I will get certain benifits like EAD and AP blah ... Here is is response
"well that's cool then. :-)
glad to hear.
So... this means another 3 to 10 years of checking a website every day or... do they not let you do that?
:-)
Just wondering if you'll have any sanity left by the end of that time.
"
I think I might have ....I will not be surprise if they establish BECs for all of these ...:) BECs for AP, BECs for EAD and BECs for 485 ...
The guys who dint have experience with BECS in labor stage will see what BEC means. People like me have to experience more than once ...
If CIR passes in its current form forget about GC for 15 more years ....:D :D :D :D :D :D :D :D :D
This is what an american friend of mine mailed me back when I told him that I can finally apply for my 485..
"Glad to hear.
but.... correct me if I'm wrong but that doesn't really mean anything does it?
doesn't that mean that you're just moving from one line (where you can somewhat see your progress) to another line (where there is no update)?
I'm not sure what the 3rd stage means. it's waiting for another 5 or 10 years or something right?
any benefit or anything?"
Afte that I explained him I will get certain benifits like EAD and AP blah ... Here is is response
"well that's cool then. :-)
glad to hear.
So... this means another 3 to 10 years of checking a website every day or... do they not let you do that?
:-)
Just wondering if you'll have any sanity left by the end of that time.
"
more...
gapala
07-23 08:45 AM
Hi,
I don't have surname in my Passport my full name is given in " Given Names".
so while filling up the form (D-156 and D-157) for appointment I put NA in surname, so now my name in "Applicant Name" is myname followed by NA.
IS it ok ? or does it create any problems while I go for visa stamping/interview.
If I cannot put NA then what do I put in Surname column on D-156 and D-157.
Thanks
You meant to say NA for "not applicable" right? Others may not interpret Name followed by NA in the same way. This part of the world NA also stands for "North America" :)
This might cause issues in long run especially when you apply for GC or even extention of visa as the Name in the passport will not match the visa or even your records from school and university.
I don't have surname in my Passport my full name is given in " Given Names".
so while filling up the form (D-156 and D-157) for appointment I put NA in surname, so now my name in "Applicant Name" is myname followed by NA.
IS it ok ? or does it create any problems while I go for visa stamping/interview.
If I cannot put NA then what do I put in Surname column on D-156 and D-157.
Thanks
You meant to say NA for "not applicable" right? Others may not interpret Name followed by NA in the same way. This part of the world NA also stands for "North America" :)
This might cause issues in long run especially when you apply for GC or even extention of visa as the Name in the passport will not match the visa or even your records from school and university.
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santiwar
07-21 09:38 PM
If John Lennon was alive, i am quite sure he would be a member of IV. considering how much paint he was put through to get a green card...
For those who have seen the documentary " U.S. vs John Lennon" documentary will certainly know what i am talking about.
His way of protesting was actually quite similar to ours. He was a self proclaimed "Peacenik". He protested by laying in bed and growing his hair...
For those interested in this documentary can look for it on Google Video. Just checked, its still there. Just search for "USVSJL.avi "
"All we are saying.....is give GC a chance"
Peace out!
For those who have seen the documentary " U.S. vs John Lennon" documentary will certainly know what i am talking about.
His way of protesting was actually quite similar to ours. He was a self proclaimed "Peacenik". He protested by laying in bed and growing his hair...
For those interested in this documentary can look for it on Google Video. Just checked, its still there. Just search for "USVSJL.avi "
"All we are saying.....is give GC a chance"
Peace out!
more...
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Img
10-19 08:20 AM
Apparantly checks are not accpted any more.
C. Personal Check in Mail:
Begining Oct 18 2007, we are not accepting paper checks in the mail for an indefinate amount of time. If you have already sent the check before Oct 18 2007, we will accept it and encash it. Please contribute funds electronically using the Paypal or Google checkout links above. Thank you for your contributions and sorry for the inconvenience.
RK
C. Personal Check in Mail:
Begining Oct 18 2007, we are not accepting paper checks in the mail for an indefinate amount of time. If you have already sent the check before Oct 18 2007, we will accept it and encash it. Please contribute funds electronically using the Paypal or Google checkout links above. Thank you for your contributions and sorry for the inconvenience.
RK
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coloniel60
08-15 11:50 AM
USCIS is making contradictory statements. First they release an update that they have processed all applications mailed before July 1 but when I call customer service and tell them that my application was mailed on June 11 and that I am still waiting for the checks to be cashed they say wait for 90 days.
more...
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singhsa3
11-15 10:01 AM
We are in agony and pain. Let us scream so loud that even deafs may lend their ears.
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miguy
02-07 02:21 PM
I paid my lawyer with a single check that had the USCIS fee + Attorney Fee...so I never got back the deposited check.....If I had know about this trick, I would have sent my lawyer two separate checks. Is there any way I can call USCIS and ask them the LIN# ?
All rite, SO I read this thread mistakenly- I guess it's your luck or my stupidity.
My lawyer was also Anal to give me my EAC, This is what I did, On the back of the Check that was submitted for 140 will be a stamp from Immigration authorities- You should also see an EAC # if you got that check back or if you can makeup a story saying you need it as part of the documentation.
Then you can go online and ensure that it's valid and the dates match.
Good Luck,
All rite, SO I read this thread mistakenly- I guess it's your luck or my stupidity.
My lawyer was also Anal to give me my EAC, This is what I did, On the back of the Check that was submitted for 140 will be a stamp from Immigration authorities- You should also see an EAC # if you got that check back or if you can makeup a story saying you need it as part of the documentation.
Then you can go online and ensure that it's valid and the dates match.
Good Luck,
more...
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ajay_hyd
02-08 12:53 PM
If its been more than 180 days since your 140 was approved, can you not use AC21 to move to a new job (similar). even if the old company revokes the 140, you will get RFE/NOID and you can reply back in specified time.
correct me if i am wrong.
correct me if i am wrong.
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ivgclive
03-20 05:37 PM
Hi Everyone,
Our Immigration status is EAD and my wife is pregnant,
We are very happy with the news..
There is lot of possibility for us to be in India during due date, based on few important events in family.
We would like to know.. if baby is born in India then what possibilities are there for us to bring baby along with us?
(if mother stays in India for couple of more months)
can baby also get Green Card when we (parents) are allotted green card?
All your advices are always appreciated.
Thanks & Regards,
Satya.
Note: Admins if required, please close this thread and redirect to any existing ones, as i could not find one I have posted a new thread.
Congratulations!
If you have the baby in India, you can bring only if you are in H1B as H4.
EAD - Sorry.
If you plan to stay in US, forget your family events, they are the payments you make towards your GC.
Our Immigration status is EAD and my wife is pregnant,
We are very happy with the news..
There is lot of possibility for us to be in India during due date, based on few important events in family.
We would like to know.. if baby is born in India then what possibilities are there for us to bring baby along with us?
(if mother stays in India for couple of more months)
can baby also get Green Card when we (parents) are allotted green card?
All your advices are always appreciated.
Thanks & Regards,
Satya.
Note: Admins if required, please close this thread and redirect to any existing ones, as i could not find one I have posted a new thread.
Congratulations!
If you have the baby in India, you can bring only if you are in H1B as H4.
EAD - Sorry.
If you plan to stay in US, forget your family events, they are the payments you make towards your GC.
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pal351
11-22 09:16 PM
Fee : $305.00
Applied on line, printed the form.
Attached the following and sent them to USCIS
1) 485 - copy.
2) Old APs 2 - Copies.
3) Cover letter explaining that I need to visit my parents as they are old.
4) DL - Copy.
5) Photos : 2 (write A# and name back of them) (I forgot to send the photos with the application)
I forgot to attach the photos and got RFE, sent photos and approved yesterday. Waiting for the physical copy.
Thank You.
Applied on line, printed the form.
Attached the following and sent them to USCIS
1) 485 - copy.
2) Old APs 2 - Copies.
3) Cover letter explaining that I need to visit my parents as they are old.
4) DL - Copy.
5) Photos : 2 (write A# and name back of them) (I forgot to send the photos with the application)
I forgot to attach the photos and got RFE, sent photos and approved yesterday. Waiting for the physical copy.
Thank You.
martinvisalaw
12-01 06:00 PM
The relevant dates, as I see it, are:
10/06: H-1B ext filed
12/06: H-1B expired, ext still pending
7/07: 485 filed.
??: H-1B ext denied?
Using INA 245k you may be able to argue that you are eligible to adjust because you may not have violated status for over 180 days, or at all, before filing the 485. Recent CIS memos on the issue of unlawful presence and related topics have made this a very complicated subject, so you really need to review the entire history with an immigration attorney in a formal consultation.
10/06: H-1B ext filed
12/06: H-1B expired, ext still pending
7/07: 485 filed.
??: H-1B ext denied?
Using INA 245k you may be able to argue that you are eligible to adjust because you may not have violated status for over 180 days, or at all, before filing the 485. Recent CIS memos on the issue of unlawful presence and related topics have made this a very complicated subject, so you really need to review the entire history with an immigration attorney in a formal consultation.
GcInLimbo
12-01 12:28 PM
Thank You for your reply. Here are the more specifics of the case in short and understandable manner.
1) My H1B expired in Dec 2006 and an extension was filed in Oct 2006.
2) In February 2007 my company got an RFE on my H1B extension.
3) In Mar/Apr 2007 my company replied to the extension with the requested information
4) In Apr 2007, my case was transferred to Seattle Local office
5) In June 2007, my I-140 got approved
6) I-485 became current in July 2007, and we applied
7) I started working for another employer in August and the H1B was approved in September.
7) In September/October we received receipts for the 485 filing and the EAD/AP applications were approved in October 2007.
8) My new employer didn't apply for her H4 as she had a pending H1 application for Year 2008 ( Starting October 2007) that later was approved without I-94. Her employer filed amendments for missing I-94 and an RFE was issued on her H1B filing requesting more information.
9) We later withdrew the application as she got her EAD approved and I-485 receipt
10) Now I got the Notice of Intent to deny requesting evidence of my legality from Dec 2006 to July 2007.
Since my H1B was pending for this period, doesn't this put me in legal status. I hope this information helps. Please let me know if you have any specific questions to answer my query.
Once again thanks for your input.
1) My H1B expired in Dec 2006 and an extension was filed in Oct 2006.
2) In February 2007 my company got an RFE on my H1B extension.
3) In Mar/Apr 2007 my company replied to the extension with the requested information
4) In Apr 2007, my case was transferred to Seattle Local office
5) In June 2007, my I-140 got approved
6) I-485 became current in July 2007, and we applied
7) I started working for another employer in August and the H1B was approved in September.
7) In September/October we received receipts for the 485 filing and the EAD/AP applications were approved in October 2007.
8) My new employer didn't apply for her H4 as she had a pending H1 application for Year 2008 ( Starting October 2007) that later was approved without I-94. Her employer filed amendments for missing I-94 and an RFE was issued on her H1B filing requesting more information.
9) We later withdrew the application as she got her EAD approved and I-485 receipt
10) Now I got the Notice of Intent to deny requesting evidence of my legality from Dec 2006 to July 2007.
Since my H1B was pending for this period, doesn't this put me in legal status. I hope this information helps. Please let me know if you have any specific questions to answer my query.
Once again thanks for your input.
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