nogc_noproblem
04-09 04:34 PM
If your I-140 is approved and if your I485 is pending for more than 180 days, you can move to a new employer. In such case you can use your valid EAD for the employment with the new employer OR you can transfer your valid H1B to the new employer. AC21 is about just informing USCIS about your job change, no matter whether you are using EAD and H1 transfer.
Note:
- Informing USCIS is not mandatory, it is a gray area.
- 180 days waiting period is just to be on the safer side. After 180 days of filing I485, invoking of approved I140 by your previous employer will not have any effect.
Hope it is clear.
If you are planning to work on EAD, then you are not using AC21.
Is my understanding correct?
Note:
- Informing USCIS is not mandatory, it is a gray area.
- 180 days waiting period is just to be on the safer side. After 180 days of filing I485, invoking of approved I140 by your previous employer will not have any effect.
Hope it is clear.
If you are planning to work on EAD, then you are not using AC21.
Is my understanding correct?
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niles123
12-26 01:32 PM
Chantu,
Thanks for the link.. I looked up my case and the status shows as "CERTIFIED-EXPIRED". Any idea why it shows as "EXPIRED".. I applied for labor on Oct16, 2007, labor approved on Dec 3 07, I140 applied on April 8th( within 180 days ), I140 Approved on July 28. Just wondering if this is something i should be concerned about..
Thanks
I think, if you don't have labor doc, you can go to FLCDataCenter.com (http://www.flcdatacenter.com/) and search for MS Access document for the year when you file for the labor. If you have the number from the LC doc, search for that number in the access file and you will find the details of your case.
Thanks for the link.. I looked up my case and the status shows as "CERTIFIED-EXPIRED". Any idea why it shows as "EXPIRED".. I applied for labor on Oct16, 2007, labor approved on Dec 3 07, I140 applied on April 8th( within 180 days ), I140 Approved on July 28. Just wondering if this is something i should be concerned about..
Thanks
I think, if you don't have labor doc, you can go to FLCDataCenter.com (http://www.flcdatacenter.com/) and search for MS Access document for the year when you file for the labor. If you have the number from the LC doc, search for that number in the access file and you will find the details of your case.
zoozee
10-26 12:57 PM
Me and my spouse had our appointment on 25 oct ie:yesterday afternoon and by mistake we went on 24th a day prior they requested us to come on the same day as appointment as they stopped taking walk-ins for this week.We went an hour prior to our appointment as there is a form to be filled out there which will be provided.
Make sure to go atleast 2 hour before so that you are able to locate the location we took long for the first time to find the place.
Good Luck.
Make sure to go atleast 2 hour before so that you are able to locate the location we took long for the first time to find the place.
Good Luck.
2011 WOOD CARVING
arsh007
10-05 09:48 AM
Arsh,
Good to know these info.
Could you please let me know what kind of visa/work permit you were on in Brussels? Is there a way to be a permanent resident there?
Thanks
I was on a "Belgium work permit" which had to be renewed each year and was linked to the employer just like the H1. The renewal process itself took a few weeks. Living and working for 5 years or more allows you to become a permanent resident (Please check again since this information is from 2000-2002 and rules may have changed since then). The Belgium work permit allows you to work in that country but you are free to travel across any EU country (France, Spain, Italy, Netherlands, Luxemborug, Germany etc).
Good to know these info.
Could you please let me know what kind of visa/work permit you were on in Brussels? Is there a way to be a permanent resident there?
Thanks
I was on a "Belgium work permit" which had to be renewed each year and was linked to the employer just like the H1. The renewal process itself took a few weeks. Living and working for 5 years or more allows you to become a permanent resident (Please check again since this information is from 2000-2002 and rules may have changed since then). The Belgium work permit allows you to work in that country but you are free to travel across any EU country (France, Spain, Italy, Netherlands, Luxemborug, Germany etc).
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GCKarma
01-12 01:41 PM
wht is WOM?
gc_in_30_yrs
02-28 03:22 PM
the other option you have is to go back to your home country and invoke counsellar processing. In that case, you dont have to give up your green card and career, if you do not want to continue in the same category specified in your H1B, but, your studies will be impacted.
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eb3retro
08-21 01:15 PM
1) Are there any issues traveling on AP under the following circumstances??
- there's no current H1 stamp, although H1 extension for 3 years has been approved
- AP is expiring within 2-3 days of planned return?
- New AP is filed/pending, Receipt Notice received
- Employer is a Fortune 500
2) I've read previously that they ask you if you've changed employers since filing I-485. Anybody familiar with scenarios where employers have changed??
3) Docs I need to carry, besides... :
- H1 Approval notices?? (All of them since day 1?)
- I-485 Receipt Notice
- I-140 Approval Notice (do i need this?)
- Current AP Approval Notice
- Pending AP Receipt Notice
- Paystub??
- Letter from employer??? (do I need this?)
hi jazzbythebay,
i was in pretty much in the same state like you a couple of months ago. i quit the original employer who sponsored by gc, used AC21 and EAD to join a new employer, and then i had to travel to india within a week of joining the new company. I infact had quit the company since I had an offer with another big multinational and i went to india and came back using AP. no h1 stamping. in both the above situations, i have not informed uscis. so literally when i went out of US and came back, i was unemployed. luckily for me they did not ask me the question of "are you working for the same employer that sponsored ur gc"? this is in SFO airport. as long as u have a valid ap, you could get in, its just that you may get some questions. just be prepared for that. Just show them the documents only if they ask for it. but keep it in hand just for your satisfaction. To me, they dont know much abt ac21 etc (atleast not thoroughly), so we dont need to teach them anything. my only worry in your case is, that you have only 2 days before your expiry of AP. So, make sure you take the ap renewal receipt with you, that alone could just prove them that your renewal is in process. hope this helps..bon voyage...
- there's no current H1 stamp, although H1 extension for 3 years has been approved
- AP is expiring within 2-3 days of planned return?
- New AP is filed/pending, Receipt Notice received
- Employer is a Fortune 500
2) I've read previously that they ask you if you've changed employers since filing I-485. Anybody familiar with scenarios where employers have changed??
3) Docs I need to carry, besides... :
- H1 Approval notices?? (All of them since day 1?)
- I-485 Receipt Notice
- I-140 Approval Notice (do i need this?)
- Current AP Approval Notice
- Pending AP Receipt Notice
- Paystub??
- Letter from employer??? (do I need this?)
hi jazzbythebay,
i was in pretty much in the same state like you a couple of months ago. i quit the original employer who sponsored by gc, used AC21 and EAD to join a new employer, and then i had to travel to india within a week of joining the new company. I infact had quit the company since I had an offer with another big multinational and i went to india and came back using AP. no h1 stamping. in both the above situations, i have not informed uscis. so literally when i went out of US and came back, i was unemployed. luckily for me they did not ask me the question of "are you working for the same employer that sponsored ur gc"? this is in SFO airport. as long as u have a valid ap, you could get in, its just that you may get some questions. just be prepared for that. Just show them the documents only if they ask for it. but keep it in hand just for your satisfaction. To me, they dont know much abt ac21 etc (atleast not thoroughly), so we dont need to teach them anything. my only worry in your case is, that you have only 2 days before your expiry of AP. So, make sure you take the ap renewal receipt with you, that alone could just prove them that your renewal is in process. hope this helps..bon voyage...
2010 Wood Carvings
Raj_2009
08-18 11:38 PM
Hi ,
Thanks for your kind advice. I tried to take Infopass now. Shockingly, no appointment is available for August and September. Is there any way that we can get emergency Infopass at Local office?
Thanks,
Raj
Thanks for your kind advice. I tried to take Infopass now. Shockingly, no appointment is available for August and September. Is there any way that we can get emergency Infopass at Local office?
Thanks,
Raj
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Ann Ruben
01-20 11:17 AM
Abhay,
The USCIS online case status system has never been 100% accurate. New data is "dumped" into the system on a nightly basis, and sometimes there is a technical glitch that randomly prevents some data from being transferred. USCIS claims that it is impossible to correct this problem and update case status info. in individual cases. So, it is unlikely that you will be able to get the online status changed.
However, what you can and should do is to get written confirmation from USCIS that your RFE response was timely filed. If your lawyer is a member of AILA, he can use the AILA/TSC liaison process to obtain this written confirmation from USCIS. If your lawyer cannot or will not do this, you should consider finding another immigration lawyer. Remember that the I-485 is your application, and not your employer's. You are entitled to legal representation of your choice.
Ann
The USCIS online case status system has never been 100% accurate. New data is "dumped" into the system on a nightly basis, and sometimes there is a technical glitch that randomly prevents some data from being transferred. USCIS claims that it is impossible to correct this problem and update case status info. in individual cases. So, it is unlikely that you will be able to get the online status changed.
However, what you can and should do is to get written confirmation from USCIS that your RFE response was timely filed. If your lawyer is a member of AILA, he can use the AILA/TSC liaison process to obtain this written confirmation from USCIS. If your lawyer cannot or will not do this, you should consider finding another immigration lawyer. Remember that the I-485 is your application, and not your employer's. You are entitled to legal representation of your choice.
Ann
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kaisersose
06-26 09:01 AM
Hi,
I have posted the same issue in another thread but i did not get any response So I'm changing the title and reposting.
I have been working for my current employer from last 4 years.I have good relations with my employer.I have 140 approved and my 485 is pending for more than 180 days.Now I want to join any new employer using my EAD.But I don't want to invoke AC 21.If my dates are current again and if i get any RFE I will submit the offer letter from my old employer.
My case is I'm using EAD after 140 is approved and 485 is pending more than 180 days and joining a new employer.As GC is future employment I can always say that I will join my old employer when ever i get a GC.This way I can avoid AC 21. Also If my employer doesn't give me the offer letter I can still manage to get it from any Consulting firm with same job title and same salary.
Can any one suggest me on this?
Thanks
h12gc
If you are working for A, but respond to a RFE with an offer letter from B - for whom you have no intention of working - then you are breaking the law.
Your job with A should be similar to your Labor job and you should respond to any RFE with a copy of your offer letter from A.
I have posted the same issue in another thread but i did not get any response So I'm changing the title and reposting.
I have been working for my current employer from last 4 years.I have good relations with my employer.I have 140 approved and my 485 is pending for more than 180 days.Now I want to join any new employer using my EAD.But I don't want to invoke AC 21.If my dates are current again and if i get any RFE I will submit the offer letter from my old employer.
My case is I'm using EAD after 140 is approved and 485 is pending more than 180 days and joining a new employer.As GC is future employment I can always say that I will join my old employer when ever i get a GC.This way I can avoid AC 21. Also If my employer doesn't give me the offer letter I can still manage to get it from any Consulting firm with same job title and same salary.
Can any one suggest me on this?
Thanks
h12gc
If you are working for A, but respond to a RFE with an offer letter from B - for whom you have no intention of working - then you are breaking the law.
Your job with A should be similar to your Labor job and you should respond to any RFE with a copy of your offer letter from A.
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jnagendra
10-05 06:23 AM
I am planning to go to India with my family in december. Please suggest some tourist spots across India.
Not the usual ones like tajmahal or gateway of india etc. Thank you.
Warngal hanumakonda siricilla bellampalli ramagundam they are not like usual tourist places or New Rajiv gandhi rahadari, rajiv Airport rajiv bus stand etc....
Not the usual ones like tajmahal or gateway of india etc. Thank you.
Warngal hanumakonda siricilla bellampalli ramagundam they are not like usual tourist places or New Rajiv gandhi rahadari, rajiv Airport rajiv bus stand etc....
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simple1
06-03 05:57 PM
Again Fake question.
Arent you guys tired of asking these fake questions ? Get a life that is worth living.
Hi All,
My company applied 485 and h1b. I am in AOS status and having EAD. My company laid off me on March and they are not revoke my h1b and 140(they may hire me back once get new job). Mean time shall i work hourly job and get around $1200 per month with same job description with using my EAD(new company will run payroll and W2). Also i am keep looking permanent full time job with my higher salary.
For the hourly job they asking to fill I-9(employment eligibility verification will inform USCIS). On that form asking my A# with EAD expiration date.
Is there a chance USCIS will know my hourly job?. My concern - this hourly job will create a problem for my GC process (chance to get REF) because rate is low
Please give me your valuable suggestion
Thanks
Arent you guys tired of asking these fake questions ? Get a life that is worth living.
Hi All,
My company applied 485 and h1b. I am in AOS status and having EAD. My company laid off me on March and they are not revoke my h1b and 140(they may hire me back once get new job). Mean time shall i work hourly job and get around $1200 per month with same job description with using my EAD(new company will run payroll and W2). Also i am keep looking permanent full time job with my higher salary.
For the hourly job they asking to fill I-9(employment eligibility verification will inform USCIS). On that form asking my A# with EAD expiration date.
Is there a chance USCIS will know my hourly job?. My concern - this hourly job will create a problem for my GC process (chance to get REF) because rate is low
Please give me your valuable suggestion
Thanks
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house Hand Carved Wooden Seagull
sledge_hammer
04-13 02:17 PM
What line of work are you in? Either send me a PM or post here.
I already transferred my H1 on 1st week of March within 1 day and worked on a 3-4 week project ( real Project from a good client) but now we are not been able to nail the next Project and this new company is very accurate about H1 ( they should be also ) - they will cancel my H1 after the last Pay stub.
They are trying their best and i'm trying my best but things not working out on H1B. I definitely have way more fit Jobs on EAD and that's why I posted this in the weekend.
If some real employer can transfer my H1 It will be quota exempt because I've I-140 approval.
I already transferred my H1 on 1st week of March within 1 day and worked on a 3-4 week project ( real Project from a good client) but now we are not been able to nail the next Project and this new company is very accurate about H1 ( they should be also ) - they will cancel my H1 after the last Pay stub.
They are trying their best and i'm trying my best but things not working out on H1B. I definitely have way more fit Jobs on EAD and that's why I posted this in the weekend.
If some real employer can transfer my H1 It will be quota exempt because I've I-140 approval.
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tinku01
07-22 05:47 PM
Hi, I need to get Police Clearace Certificate (PCC) from India at local police station. Anybody has any format of PCC I mean what they need to write in it.
It's quite urgent ..please update ASAP
It's quite urgent ..please update ASAP
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Robert Kumar
02-25 12:04 PM
The moment your H-1 is rejected and you dont have another underlying petition, you are technically out of status. You could apply for another H, but with a Consular Processing request. In other words you will be asked to leave the country and get a stamping before you start work again.
And not to affect your long term stay in the country, it is better to leave the country immediately.
One of my friends case was pending for more than 6 months with USCIS for H1B renewal, masters, and working at a client place. The employer checked with USCIS and they give a message " that the case needs further investigation".
What does this mean.
And not to affect your long term stay in the country, it is better to leave the country immediately.
One of my friends case was pending for more than 6 months with USCIS for H1B renewal, masters, and working at a client place. The employer checked with USCIS and they give a message " that the case needs further investigation".
What does this mean.
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samswas
01-21 11:17 AM
Thanks for your reply and I understand that AC21 can be used for job in same or similar occupation.
Since my Emp A (GC sponsor) agree to continue the GC process, why do i need to invoke AC21 with Emp B?
Vel
Your Emp A may say anything, but if he revokes your I-140 before you file AC-21, then you will be in trouble. It is always safe to file CA-21
Since my Emp A (GC sponsor) agree to continue the GC process, why do i need to invoke AC21 with Emp B?
Vel
Your Emp A may say anything, but if he revokes your I-140 before you file AC-21, then you will be in trouble. It is always safe to file CA-21
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makeup ormasterpiece Carved+wood
bbct
02-04 11:01 AM
We invited our in-laws last September and it was not easy for them to get the visa in the first interview. They got denied with the reason 214(b) without verifying any Indian documents. Infact, my father-in-law was a government servant and he was still employed at the time of interview. My wife was on EAD and I was on H1-B and I was inviting my in-laws to USA.
We then asked a letter from the senate's office requesting the visa officer to issue them visa and explained that they have strong ties with family members back in India and have bank balance and property. It was surprise that nothing was asked in the second interview and they could get a 10 years multiple entry visa. This time my wife invited her parents.
In all this, we wasted time, money and were very tensed since my wife's due date was approaching and it was only a month far.
Folks,
I'd like to know if any of you invited your parents while on AOS. Last time I invited my in-laws I had H1-B et al....now we are on AOS and my wife is sponsoring her parents. We are on AOS. I do not have a job currently so I can't get an EVL and my wife has and she is inviting and the I-134 is also from her...we have EADs valid till late 2010....she had her F1 valid till Oct 2009 but she is working on dependent EAD.
So do you think there could be any potential problem.....Last time I had sponsored my in-laws but they were questioned a lot at the embassy....so now my wife will be sponsoring ...I hope there are no potential problems.
Path 2 USA do not mention anything special for EADs/AOS et al....
Thanks,
SoP
We then asked a letter from the senate's office requesting the visa officer to issue them visa and explained that they have strong ties with family members back in India and have bank balance and property. It was surprise that nothing was asked in the second interview and they could get a 10 years multiple entry visa. This time my wife invited her parents.
In all this, we wasted time, money and were very tensed since my wife's due date was approaching and it was only a month far.
Folks,
I'd like to know if any of you invited your parents while on AOS. Last time I invited my in-laws I had H1-B et al....now we are on AOS and my wife is sponsoring her parents. We are on AOS. I do not have a job currently so I can't get an EVL and my wife has and she is inviting and the I-134 is also from her...we have EADs valid till late 2010....she had her F1 valid till Oct 2009 but she is working on dependent EAD.
So do you think there could be any potential problem.....Last time I had sponsored my in-laws but they were questioned a lot at the embassy....so now my wife will be sponsoring ...I hope there are no potential problems.
Path 2 USA do not mention anything special for EADs/AOS et al....
Thanks,
SoP
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bkr
10-26 10:41 PM
Did you see Oct 9th as LUD on your case? We are trying to figure out if LUD is giving any indication towards when USCIS issues the approval.
I am also in the same boat. LUD 10/18, waiting for AP.
Received EAD and done FP.
will keep you posted.
I am also in the same boat. LUD 10/18, waiting for AP.
Received EAD and done FP.
will keep you posted.
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gimme_GC2006
09-14 09:56 AM
BUMP
Someone please give me the address where I need to send the documents if I am sending through FedEx/UPS?
Thank you
In the application instructions..the address for private carriers will be right below the USPS address
Someone please give me the address where I need to send the documents if I am sending through FedEx/UPS?
Thank you
In the application instructions..the address for private carriers will be right below the USPS address
rangaswamy
06-25 05:07 PM
Went in on Friday to get the name change done. I will get it back on 9th July about 11 working days thought web site claimed 6-8 working days.
For 16, take a copy of what ever visa you are on.. H4/H1 etc.
Column 31 should be left blank as its a name change.
PS use new signature below photograph for new passport. Also new name should be filled in the form.
For 16, take a copy of what ever visa you are on.. H4/H1 etc.
Column 31 should be left blank as its a name change.
PS use new signature below photograph for new passport. Also new name should be filled in the form.
uma001
11-07 12:44 PM
Ajay,
Same is the case with me. I work for fortune 600 employer. My employer stopped filing PERM just before filing after ads are posted stating the same reason - unemployment rate too high. I thought he was just BS ing with me.Looks like he was honest. This happened in jan 2009. Even now, they are not willing to file PERM. My 6 year term expires in July 2012. So I still have some buffer to file for green card. My VP said ' we have got candidates, so we cannot file green card for you now.we will see after 6 months if job market recovers'. I dont think it is good time to file PERM.
Hi All,
Please help me by answering the following questions and also bear with me if those are basic questions. Thanks a lot for the help in advance.
1. My employer asked me to wait few months for at least partial job market recovery and advised its better to start the labor filing preparation sometime in Nov 2009/Dec 2009. There is a positive news on the job market recovery. Is it a good time to apply for PERM Labor now? FYI, my second H1B expires 09/30/2011.
2. Is it possible to file multiple PERM Labor Certifications through two different employers at the same time? If yes, could I choose the employer I would like to stay, if both gets approved approximately at the same time?
3. How long I can continue with future employment in the GC process?
4. If the Labor get audited, is it possible to apply for H1B extension after 6th year?
5. Is it possible to port I-140 & procedure involved to port with / without the consent of current employer.
All the best!!!
-
Regards
Ajaykumar
Same is the case with me. I work for fortune 600 employer. My employer stopped filing PERM just before filing after ads are posted stating the same reason - unemployment rate too high. I thought he was just BS ing with me.Looks like he was honest. This happened in jan 2009. Even now, they are not willing to file PERM. My 6 year term expires in July 2012. So I still have some buffer to file for green card. My VP said ' we have got candidates, so we cannot file green card for you now.we will see after 6 months if job market recovers'. I dont think it is good time to file PERM.
Hi All,
Please help me by answering the following questions and also bear with me if those are basic questions. Thanks a lot for the help in advance.
1. My employer asked me to wait few months for at least partial job market recovery and advised its better to start the labor filing preparation sometime in Nov 2009/Dec 2009. There is a positive news on the job market recovery. Is it a good time to apply for PERM Labor now? FYI, my second H1B expires 09/30/2011.
2. Is it possible to file multiple PERM Labor Certifications through two different employers at the same time? If yes, could I choose the employer I would like to stay, if both gets approved approximately at the same time?
3. How long I can continue with future employment in the GC process?
4. If the Labor get audited, is it possible to apply for H1B extension after 6th year?
5. Is it possible to port I-140 & procedure involved to port with / without the consent of current employer.
All the best!!!
-
Regards
Ajaykumar
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