avi
04-17 01:51 PM
I am currently on EAD and used AC 21. Just in case if I suspect that there might be some issue during final I 485 approval, can I have my company apply for my H1 transfer before I 485 is approved?
If I do so, what will be the status of the I 485 application after H1B transfer?
This is a bit confusing question to answer but if I apply for my H1B transfer now, what will be its validity date?
All help appreciated. Thanks all in advance.
I thought if you invoked your AC21 - you hopped on to the pending-immigrant boat leaving the non-immigrant boat altogether ... and that boat is now gone ...
To get back to a non-immigrant boat .. you may have to get a new one ... but in that case you'll have to show your intent of non-permanent stay in the US ... which your 485 would contradict anyways ...
A better option would be to have your legs in both the boats for as long as possible - i.e. transfer your H1 (and not get on to your EAD) while your 485 is still pending.
I may be wrong .. but this is how i perceive it
Peace.
If I do so, what will be the status of the I 485 application after H1B transfer?
This is a bit confusing question to answer but if I apply for my H1B transfer now, what will be its validity date?
All help appreciated. Thanks all in advance.
I thought if you invoked your AC21 - you hopped on to the pending-immigrant boat leaving the non-immigrant boat altogether ... and that boat is now gone ...
To get back to a non-immigrant boat .. you may have to get a new one ... but in that case you'll have to show your intent of non-permanent stay in the US ... which your 485 would contradict anyways ...
A better option would be to have your legs in both the boats for as long as possible - i.e. transfer your H1 (and not get on to your EAD) while your 485 is still pending.
I may be wrong .. but this is how i perceive it
Peace.
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skalra
03-19 11:06 PM
If you have advance parole, check with your lawyer if you can use AP to come back. Now that you applied for stamping, AVR is out of question but AP is still an option.
I am going to Toronto next month and was thinking of getting my visa stamped, but after hearing few horror stories, I am inclined towards using AVR or AP to come back.
I am going to Toronto next month and was thinking of getting my visa stamped, but after hearing few horror stories, I am inclined towards using AVR or AP to come back.
GB2India
08-18 08:56 PM
Can you apply for AC21 for a normal promotion progression from analyst to manager....the job is same but the manager job has additional managerial responsibilities.
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ashkam
02-25 09:27 AM
I agree with wandmaker. File for a transfer to H4 (form I-539) just so you remain in status and don't have to face uncomfortable questions in the future. The moment you get a new job, you can apply for a new H1B which will not be subject to quota. Some people (http://immigrationvoice.org/forum/showthread.php?p=320180#post320180) even suggest that you can start working immediately after you apply for your new H1 and get the receipt. I don't know if that's true.
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kumar1
11-20 09:32 PM
You can call UK consulate and ask them for this information. They have a paid phone service (~2 dollars per minute) available. If you do not mind me asking, why are you going through the pain of getting a transit visa?
gc_perm2k6
12-01 07:38 PM
Mine is pending in CSC since April 2008. My husband's extension was applied in July, and it came through in September. But mine is delayed like crazy. Processing date last month was June 16 or something. We have filed SR on Oct 28, but there hasnt been any updates until now.
Bottom line, USCIS=random!
Bottom line, USCIS=random!
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GCInThisLife
07-18 01:46 PM
I485 gets processed in the order of 485 RD. If cut-off dates are 'current' PD does not matter. However, if the dates are retrogressed, visa numbers would be allocated for all pre-adjucated (screening, security checks etc are completed) in the order of Priority Date so PD does matter and in fact cut-off dates would be determined based on available visas and number of pre-adjucated (already filed) cases.
Thanks for the replies. Since all the dates are current under the July bulletin, how are the 485s processed ?
1) Order of priority dates and EBs?
2) Order of the date on which the 485 applications were received?
Thanks for the replies. Since all the dates are current under the July bulletin, how are the 485s processed ?
1) Order of priority dates and EBs?
2) Order of the date on which the 485 applications were received?
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amar123
07-29 12:37 AM
I have PD of Nov 2006, 140-Approved, 485-July 2nd. I have not got any LUD on any of my applications. So, this soft LUD might not be for everybody.
Ah, now this brings up interesting questions, where is your 485 being processed?:o
If it is texas as per your profile, then , maybe only NSC had the update?
Ah, now this brings up interesting questions, where is your 485 being processed?:o
If it is texas as per your profile, then , maybe only NSC had the update?
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guchi472000
12-04 04:54 PM
Even i am in same boat. Can you guys tell me what number did you called to Let them know regarding my Biomterics.
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veni001
01-30 07:15 PM
I am actually doing this right now. See my signature.
As long as your employer document all stuff, i.e what happens to current EB3 position etc.. you should be OK, if not, even after i140 approval USCIS can come back and revoke approved i140( for fraud);)
As long as your employer document all stuff, i.e what happens to current EB3 position etc.. you should be OK, if not, even after i140 approval USCIS can come back and revoke approved i140( for fraud);)
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flthere
08-12 06:01 PM
That wud be nice, even if they combine the fees :)
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nixstor
10-25 06:08 PM
I posted my comment about legal High Skilled immigration.
See my comment #263
I just skimmed through the page and I see that there are 7 or 8 questions on Highly Skilled Immigration. Any one interested can post their Q as well so that we can make more impact. There are only 300 Q's and I hope he addresses Legal Immigration. Post your Q's. He is an expected Senatorial Candidate in 2008 out of VA.
See my comment #263
I just skimmed through the page and I see that there are 7 or 8 questions on Highly Skilled Immigration. Any one interested can post their Q as well so that we can make more impact. There are only 300 Q's and I hope he addresses Legal Immigration. Post your Q's. He is an expected Senatorial Candidate in 2008 out of VA.
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hyddsnr
04-30 08:45 PM
I am not sure if this question being answered in this forum.
Need experties if any one have this situation.
Employer: X (Old Employer)
Labor - EB2
PD - Sept , 2006
I-140 Approved
Employer : Y (Current)
Labor : EB3
PD : May 9 2003I
1-140 Approved
I-485 : Pending
Q : Is it possible to change/port category EB3 - EB2 and keeping the EB3 Date of 2003
Q : How is the apeal done considering I-485 is already filled.
My Attorney says better to file fresh EB2 with current company.
Please reply with your experties or if being deal with this one.
-Thanks
Potrero
Hi,
Mine is same case, but with same employer, In my case my attorney used below law.PD is done successfully and got GC . But it took nearly 1 year time. I don't think we need to apply new EB2. But anyways talk to experienced lawyer who has done PD earlier.
According to 8 C.F. R. 204.5(e), When a Beneficiary has multiple approved I-140 petitions,
he is entitled to the earliest priority date....
Need experties if any one have this situation.
Employer: X (Old Employer)
Labor - EB2
PD - Sept , 2006
I-140 Approved
Employer : Y (Current)
Labor : EB3
PD : May 9 2003I
1-140 Approved
I-485 : Pending
Q : Is it possible to change/port category EB3 - EB2 and keeping the EB3 Date of 2003
Q : How is the apeal done considering I-485 is already filled.
My Attorney says better to file fresh EB2 with current company.
Please reply with your experties or if being deal with this one.
-Thanks
Potrero
Hi,
Mine is same case, but with same employer, In my case my attorney used below law.PD is done successfully and got GC . But it took nearly 1 year time. I don't think we need to apply new EB2. But anyways talk to experienced lawyer who has done PD earlier.
According to 8 C.F. R. 204.5(e), When a Beneficiary has multiple approved I-140 petitions,
he is entitled to the earliest priority date....
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rajnag21
08-08 10:31 AM
Hi All,
I have one question. I have 140 and 485 concurrently applied. If there's an rfe o 140 will they ask for paystubs ? I have some personal problems recently and I dont have paystubs for about two months.
Please advise.
I have one question. I have 140 and 485 concurrently applied. If there's an rfe o 140 will they ask for paystubs ? I have some personal problems recently and I dont have paystubs for about two months.
Please advise.
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octoberbloom
01-11 06:59 PM
We are seeing several of these kind of posts these days. Many people come up with questions for using AC21.
Joining an employer is not a overnight decision.
You should wait with patience before taking these kind of decisions.
It might ruin your whole GC process.
Every single creature in this world cries and fights for its freedom.
But, dont think of using AC21 unless you dont have an option to use it or in a situation of getting fired.
Whole GC process is a test for patience. And we all can wih this GC one day.
Joining an employer is not a overnight decision.
You should wait with patience before taking these kind of decisions.
It might ruin your whole GC process.
Every single creature in this world cries and fights for its freedom.
But, dont think of using AC21 unless you dont have an option to use it or in a situation of getting fired.
Whole GC process is a test for patience. And we all can wih this GC one day.
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Sachin_Stock
09-14 06:09 AM
Nobody's a slave. Each one of us can decide for ourselves, whether to stay around, or go back. You will be getting decently paid in either case. I used to feel the same, but then there's a saying in Sanskrit "Raja Kalasya Karanam" (The king is responsible for his own destiny. This is in reference to Mahabharat's Dhritirasthra)
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miapplicant
09-24 09:56 AM
We filed on July 23rd at NSC. No news as yet.
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bach007
08-21 10:10 PM
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
That's for NSC.
Although they have put Aug 16 as the date, I can swear it was NOT there on Aug 16th. Didn't they publish it just yesterday? Thats such a nice cheating!
That's for NSC.
Although they have put Aug 16 as the date, I can swear it was NOT there on Aug 16th. Didn't they publish it just yesterday? Thats such a nice cheating!
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gtg506p
03-09 11:25 AM
Great. Can you give more details like:
1. What was your complaint basis?
2. Did you do DOL or lawsuit?
3. How long it took?
4. Did you get trouble from the desi emplyer?
Thanks
1. What was your complaint basis?
2. Did you do DOL or lawsuit?
3. How long it took?
4. Did you get trouble from the desi emplyer?
Thanks
thomachan72
10-15 03:44 PM
sshrika:
I think you are positioned well with a full time position and income.
Here is what I would suggest. Continue with your full time job and on the side start looking for a job and make sure that you get hold of good consulting company(ies). If they find you a position, they will/may file for the H1B Xfer. Once the H1b exfer is complete, you can go an join them.
This is all easy said than done. You will have to find a position where the client is willing to wait for your H1B approval and etc. Since you are already on an H1B all you need is a receipt number for the new H1B, but it is getting tricky with denials these days. You dont want to leave your existing full time job and join the consulting company only to realise that the H1B xfer did not go through.
Best wishes
Mattresscoil!!
So if he initiates H1b transfer but as you said waits with the current employer and if his transfer gets denied will that affect his current H1b?? or is he safe to continue with the current employer?
I think you are positioned well with a full time position and income.
Here is what I would suggest. Continue with your full time job and on the side start looking for a job and make sure that you get hold of good consulting company(ies). If they find you a position, they will/may file for the H1B Xfer. Once the H1b exfer is complete, you can go an join them.
This is all easy said than done. You will have to find a position where the client is willing to wait for your H1B approval and etc. Since you are already on an H1B all you need is a receipt number for the new H1B, but it is getting tricky with denials these days. You dont want to leave your existing full time job and join the consulting company only to realise that the H1B xfer did not go through.
Best wishes
Mattresscoil!!
So if he initiates H1b transfer but as you said waits with the current employer and if his transfer gets denied will that affect his current H1b?? or is he safe to continue with the current employer?
nvsreddy
10-07 01:26 PM
My case is also in the same boat, My case transferred from TSC to VSC on July 20th 2009, after that I applied for AP to VSC on 7th of Aug 2009 and I haven't got any update on AP yet (did expedite the process on Sept 28th 09 through SR) ....after so many calls to TSC and VSC came to know that my case is transferred from TSC to VSC for security check and reached VSC on Sept 28th 09 (so it took more than 2 months to reach from TSC to VSC.....I think ppl will walk from TSC to VSC to transfer a case :) )
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