ash27
04-02 10:20 PM
It is not very clear if the new employer needs to explicitly state that they would like to continue your GC. I understand that a major chunk of employers will have reservation stating this in an offer letter.
My understanding is that to invoke AC21, employer needs to provide an offer letter for a full time position. Please clarify.
My understanding is that to invoke AC21, employer needs to provide an offer letter for a full time position. Please clarify.
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felix31
04-18 11:26 AM
vicks don,
did you file with vermont before April 1st?
my husband's I-140 case was initially sent to Nebraska (after april 1st batch) and it got transferred to Texas and we got Texas service center receipt notice.
I guess you would send RFE to the center that issued the RFE. Wait for it to arrive....Also, you already have receipt notice, right? Look for the first three letters your receipt number starts with. If it is EAC, that your case is with vermont. If it is SRC, than your case is with Texas..
hope this helps..
Oh, and one extra detail, the online message from Texas says it takes 400+ days to process these applications. I am absolutely horrified by it..
The web site says they are processing Jan 06 cases, but somehow that does not look real..
did you file with vermont before April 1st?
my husband's I-140 case was initially sent to Nebraska (after april 1st batch) and it got transferred to Texas and we got Texas service center receipt notice.
I guess you would send RFE to the center that issued the RFE. Wait for it to arrive....Also, you already have receipt notice, right? Look for the first three letters your receipt number starts with. If it is EAC, that your case is with vermont. If it is SRC, than your case is with Texas..
hope this helps..
Oh, and one extra detail, the online message from Texas says it takes 400+ days to process these applications. I am absolutely horrified by it..
The web site says they are processing Jan 06 cases, but somehow that does not look real..
matreen
01-22 03:00 AM
I am also in similar boat....please advice guys....
what happend once you invoke your AC21 and travell on AP ......
What would be the best answers at POE if they ask I am working for the GC sponsered Employer?
M
what happend once you invoke your AC21 and travell on AP ......
What would be the best answers at POE if they ask I am working for the GC sponsered Employer?
M
2011 GREENDAY - THE BOYS ARE BACK
delhis_007
12-21 10:39 AM
I'll be joining in from ND. I dont know of any other members from this state.
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Madhuri
06-15 12:26 AM
So is it that, if you already have approved 3 yr H1 extension after 6 yrs
then it will not become invalid even if you get EAD now?
You can file I485 while H1 is pending. But if you read the H1 ext clause, you can see that you are eligible for H1 extension beyond 6 years only if your labor is pending for more than 1 year, or if you can't file for adjustment of status because of retrogression. Now, because you are eligible for I-485, you lose the eligibility to extend H1, which means, your pending H1 can be denied whether you file I485 or not. You might be lucky and get away with successful extension. But if the officer knows what he is doing, he'll not clear your extension. I have to add that I am assuming your H1 extension is BEYOND 6 years. If it is within 6 years, there is no problem. You'll get an extension.
then it will not become invalid even if you get EAD now?
You can file I485 while H1 is pending. But if you read the H1 ext clause, you can see that you are eligible for H1 extension beyond 6 years only if your labor is pending for more than 1 year, or if you can't file for adjustment of status because of retrogression. Now, because you are eligible for I-485, you lose the eligibility to extend H1, which means, your pending H1 can be denied whether you file I485 or not. You might be lucky and get away with successful extension. But if the officer knows what he is doing, he'll not clear your extension. I have to add that I am assuming your H1 extension is BEYOND 6 years. If it is within 6 years, there is no problem. You'll get an extension.
anilsal
08-06 12:45 AM
First they need to cope with the scores of petetions, USCIS and FBI.
For how long will they work overtime to resolve this mess? such bouts as the one we saw in the last two weeks of june are short and few. If they are smart they will flush out the approvable cases early without going thru the EAD cycles year after year.
This is exactly opposite to what they have been doing. If there were 60k approvable cases, i wonder what they were doing all this time. Approving those cases earlier wud have allowed others to get in the system earlier.
Additional VISA numbers may not help anybody, if they don't use them properly
Hopefully things will get better from now onwards?? ;) Maybe the july VB being current was a sign that things in the future will be bright. We can just hope, be positive and support IV in its efforts. :)
Now that IV is 22K members strong. Just imagine how much of a difference we all can make. :) Great journey within 2 years.
For how long will they work overtime to resolve this mess? such bouts as the one we saw in the last two weeks of june are short and few. If they are smart they will flush out the approvable cases early without going thru the EAD cycles year after year.
This is exactly opposite to what they have been doing. If there were 60k approvable cases, i wonder what they were doing all this time. Approving those cases earlier wud have allowed others to get in the system earlier.
Additional VISA numbers may not help anybody, if they don't use them properly
Hopefully things will get better from now onwards?? ;) Maybe the july VB being current was a sign that things in the future will be bright. We can just hope, be positive and support IV in its efforts. :)
Now that IV is 22K members strong. Just imagine how much of a difference we all can make. :) Great journey within 2 years.
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gapala
07-09 12:33 PM
is'nt an Advanced parol document a re-entry permit ???
USCIS has different meening for Re-entry permit and Advance parole. Infact the eligibility criteria is different for both. Look at I-131 Instructions. Its very clearly specified there.
Hope this helps.
1. Re-entry Permit - A reentry permit allows a permanent resident or conditional resident to apply for admission to the United States upon returning from abroad during the permit's validity, without having to obtain a returning resident visa from a U.S. Embassy or consulate
2. Refugee Travel Document - A refugee travel document is issued to a person classified as a refugee or asylee, or to a permanent resident who obtained such status as a result of being a refugee or asylee in the United States. Persons who hold aslyee or refugee status, and are not permanent residents, must have a refugee travel document to return to the United States after temporary travel abroad.
3. Advance Parole Document - An advance parole document is issued solely to authorize the temporary parole of a person into the United States.
The document may be accepted by a transportation company in lieu of a visa as an authorization for the holder to travel to the United States. An advance parole document is not issued to serve in place of any required passport.
Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States for a temporary period of time due to a compelling emergency. Advance parole cannot be used to circumvent the normal visa issuing procedures and is not a means to bypass delays in visa issuance.
NOTE: If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in A and B are met:
B. A Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf and is pending with USCIS.
However, upon returning to the United States, you must present your valid H, L, K, or V nonimmigrant visa and continue to remain eligible for that status.
USCIS has different meening for Re-entry permit and Advance parole. Infact the eligibility criteria is different for both. Look at I-131 Instructions. Its very clearly specified there.
Hope this helps.
1. Re-entry Permit - A reentry permit allows a permanent resident or conditional resident to apply for admission to the United States upon returning from abroad during the permit's validity, without having to obtain a returning resident visa from a U.S. Embassy or consulate
2. Refugee Travel Document - A refugee travel document is issued to a person classified as a refugee or asylee, or to a permanent resident who obtained such status as a result of being a refugee or asylee in the United States. Persons who hold aslyee or refugee status, and are not permanent residents, must have a refugee travel document to return to the United States after temporary travel abroad.
3. Advance Parole Document - An advance parole document is issued solely to authorize the temporary parole of a person into the United States.
The document may be accepted by a transportation company in lieu of a visa as an authorization for the holder to travel to the United States. An advance parole document is not issued to serve in place of any required passport.
Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States for a temporary period of time due to a compelling emergency. Advance parole cannot be used to circumvent the normal visa issuing procedures and is not a means to bypass delays in visa issuance.
NOTE: If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in A and B are met:
B. A Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf and is pending with USCIS.
However, upon returning to the United States, you must present your valid H, L, K, or V nonimmigrant visa and continue to remain eligible for that status.
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chanduv23
06-12 09:32 AM
I went through it. I was fired but made to resign, and this happened in my 6th year H1b. I was given a 2 month severence check but lawyer told me it is not safe to assume that the severence period makes my stay legal. 30 to 60 days is safe period for h1b transfer.
Desi companies come of help in such cases. I found a project within 20 days and got my h1b transferred to a desi company and reapplied for Gc in PERM and also got extensions. Now I am back in track, also got 3 year h1b extension based on approved 140.
This is one big thing people never realise. The more the retrogression, the more are chances for people into falling into these situations.
Layoffs and firings are common and everyone goes through it no matter what great employee u r, u r only an employee and not the boss.
As per my definition layoff, firing, no pay hikes, working long hours, no promotions, non equal treatment among co workers, giving u crappy work, making ur work miserable etc..... everything is the same.
Desi companies come of help in such cases. I found a project within 20 days and got my h1b transferred to a desi company and reapplied for Gc in PERM and also got extensions. Now I am back in track, also got 3 year h1b extension based on approved 140.
This is one big thing people never realise. The more the retrogression, the more are chances for people into falling into these situations.
Layoffs and firings are common and everyone goes through it no matter what great employee u r, u r only an employee and not the boss.
As per my definition layoff, firing, no pay hikes, working long hours, no promotions, non equal treatment among co workers, giving u crappy work, making ur work miserable etc..... everything is the same.
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logiclife
04-13 11:23 AM
We have to first have confidence on our own strengths. We are a 10.5K strong group and well poised to become the largest grassroots advocacy organization of high skilled immigrants.
Key lawmaker offices now know us. We have appeared in top media. We have the best Lobbyists in the country working for us.
No other organization can claim such success in 1 year since inception. All we need is support of $20/month from members in order to continue this effort and grow it.
There are people in Washington DC who influence congress as their profession. They are called "Lobbyists". Like the ones we have hired, with Patton-Boggs.
And then there is an organization like Immigration Voice that is raising funds to pay for lobbying.
What value can an Indian American organization add that Immigration Voice and professional lobbying cannot add?
Indian American Organizations have been educated many many times about this problem by Immigration Voice. We have told them that if you represent the 2.3 million Indian American Community, then you should be working on this issue, because this issue affects 1 out of every 5 Indian Americans of that 2.3 million.
Well, they have shown very lukewarm response.
And frankly, they have other agendas and we shouldnt honestly expect them to do our bidding.
We call ourselves highly skilled, implying that we are reasonably wellpaid. Also, we are 500,000 strong. And we have an organization to raise money and pay for lobbying. So why CANT WE HELP OURSELVES?
Key lawmaker offices now know us. We have appeared in top media. We have the best Lobbyists in the country working for us.
No other organization can claim such success in 1 year since inception. All we need is support of $20/month from members in order to continue this effort and grow it.
There are people in Washington DC who influence congress as their profession. They are called "Lobbyists". Like the ones we have hired, with Patton-Boggs.
And then there is an organization like Immigration Voice that is raising funds to pay for lobbying.
What value can an Indian American organization add that Immigration Voice and professional lobbying cannot add?
Indian American Organizations have been educated many many times about this problem by Immigration Voice. We have told them that if you represent the 2.3 million Indian American Community, then you should be working on this issue, because this issue affects 1 out of every 5 Indian Americans of that 2.3 million.
Well, they have shown very lukewarm response.
And frankly, they have other agendas and we shouldnt honestly expect them to do our bidding.
We call ourselves highly skilled, implying that we are reasonably wellpaid. Also, we are 500,000 strong. And we have an organization to raise money and pay for lobbying. So why CANT WE HELP OURSELVES?
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GCBy3000
09-20 08:52 AM
This exact issue is clearly discussed by Mathew Q&A section at www.immigration-law.com. He clearly says you are responsible for USCIS mistake if you did not bring that mistake to their notice. You have to get it corrected for one year ASAP and should contact the attorney at the earliest to do this.
YOU WILL BE OUT OF STATUS AFTER ONE YEAR EVEN IF YOU HAVE THREE YEAR EXTN IF USCIS DECIDES TO DO SO.
YOU WILL BE OUT OF STATUS AFTER ONE YEAR EVEN IF YOU HAVE THREE YEAR EXTN IF USCIS DECIDES TO DO SO.
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ita
01-23 01:26 PM
Thank you very much for all the replies.
Online we filled D-156 form (I guess you meant D-156 right?) but where is 157 (D or I but where do you find 157 form).?
Thank you.
Online we filled D-156 form (I guess you meant D-156 right?) but where is 157 (D or I but where do you find 157 form).?
Thank you.
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vik352
12-03 01:51 PM
Anyone?
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snhn
12-04 10:02 AM
with this type of money and job, you should have filed for EB2.. why EB3
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myimmivoice
04-09 01:01 PM
I think everyone is interested in their interests. We call it vested interest. Everyone is going to work to further their interests just like we are working for our problems. To us, our problems are genuine, but may not be to everyone who we think they should be.
To the extent possible (with in the limits of our resources) in our publicity efforts, it is prudent to make our natural allies more proactive, to turn the people in our favor who are nuetral, and, reduce the impact of groups that are anti-legal immigartion by spreading the positives.
I am not in false hopes that every one is going to change their thinking because we told them our problems, but, we should try to the extent possible. It is not going to harm us.
To the extent possible (with in the limits of our resources) in our publicity efforts, it is prudent to make our natural allies more proactive, to turn the people in our favor who are nuetral, and, reduce the impact of groups that are anti-legal immigartion by spreading the positives.
I am not in false hopes that every one is going to change their thinking because we told them our problems, but, we should try to the extent possible. It is not going to harm us.
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admin
05-29 08:48 AM
hi, thanks for info. But one more question. Yes, now and then a date in Oct' 2006 is showing up. But, it will take time to fill all the forms after i proceed. What are the chances that i will get that date when other people are competing in real-time? Please post a reply.
As per http://www.murthyindia.com/content/em_appt.html if you're working in the US and are returning back to work, you can qualify for emergency quota. Is this a viable option? My travel dates in Aug / Sep / Oct are not confirmed yet and so I am planning to take an emergency appointment only.
As per http://www.murthyindia.com/content/em_appt.html if you're working in the US and are returning back to work, you can qualify for emergency quota. Is this a viable option? My travel dates in Aug / Sep / Oct are not confirmed yet and so I am planning to take an emergency appointment only.
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freakin_gc
02-12 02:03 PM
My EB3 I-140 and I-485 (India) is pending from NSC my PD is Aug 2004.My wife is a citizen of South Africa she is also in H1B visa and derivvative of my I-485.Now it is possible for me to change the country of chargeability to South Africa, If possible can we able to get our GC in the month of March?
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kirupa
01-06 12:57 PM
"Conflict of Interest" is my middle name...s.
:P
:P
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senthil
02-15 09:50 AM
why not - no one does things for free. if you talk to attorney, you know how much $$ you have to pay. most time ive seen members on form answer clean and quick based on their experiance, which is in-valuable.
$1 is just pennnies. not bad to start with at all
$1 is just pennnies. not bad to start with at all
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don_don
06-25 08:43 AM
If I were you, I would wait till it is 1st of July. What if they reject it,,u loose more time than saving!
blacktongue
01-26 01:16 PM
Why more IT people from Andhra India?
desi3933
09-05 05:53 PM
Thanks, nice reply.
Question: I am on EAD and inovked AC21 and working with new employer. I am planning to register a company confused which one to go with LLC or C Corp., by the way I live in California, San Jose. I heard that if you register a LLC in California every year you have to around $800 tax fee, weather you do a business or not, is it true?
If I go with C-Corp, shall I liable to $800 as well, any ideas??
What is the deference between LLC and C-Corp? I know every state has deferent laws but I would appreciate if someone can answer my questions from California state.
Thanks in advance.
The minimum California franchise tax is the amount a California corp must pay the first quarter of each tax year whether it is active, operates at a loss or does not do business. The current minimum tax is $800.
The $800 tax payment is not due during the corporation's FIRST tax year. The first $800 minimum tax is due on the 15th day of the 4th month of the corporation's SECOND tax year.
Please note that LLCs are liable for the minimum franchise tax in all years (no two year exemption for LLCs).
Please check details with California Franchise Tax Board. The web site is http://www.ftb.ca.gov
*** Disclaimer - This is general info and use it at your own risk *****
____________________________________
Proud Indian American and Legal Immigrant
Question: I am on EAD and inovked AC21 and working with new employer. I am planning to register a company confused which one to go with LLC or C Corp., by the way I live in California, San Jose. I heard that if you register a LLC in California every year you have to around $800 tax fee, weather you do a business or not, is it true?
If I go with C-Corp, shall I liable to $800 as well, any ideas??
What is the deference between LLC and C-Corp? I know every state has deferent laws but I would appreciate if someone can answer my questions from California state.
Thanks in advance.
The minimum California franchise tax is the amount a California corp must pay the first quarter of each tax year whether it is active, operates at a loss or does not do business. The current minimum tax is $800.
The $800 tax payment is not due during the corporation's FIRST tax year. The first $800 minimum tax is due on the 15th day of the 4th month of the corporation's SECOND tax year.
Please note that LLCs are liable for the minimum franchise tax in all years (no two year exemption for LLCs).
Please check details with California Franchise Tax Board. The web site is http://www.ftb.ca.gov
*** Disclaimer - This is general info and use it at your own risk *****
____________________________________
Proud Indian American and Legal Immigrant
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