meridiani.planum
12-18 11:57 PM
inline...
Q) What happens to the pending AoS application if I switch jobs from current employer to a different employer on H-1B.?
If you satisfy all conditions of AC-21, then nothing happens to your AOS:
- your i-140 is approved
- 180 days have passed since your filing of 485
- new jobs is same/similar to old one
Q) What happens to my pending AoS if I switch job with different responsibilites on H-1B?
Assuming rest of AC-21 requirements are met, if hte new job is not deemed similar to old one by USCIS when they adjudicate your 485, it can result in a denial.
Q) 180 day rule of AC21 portability is applicable as of the receipt data or notice date?
receipt date
Q) Do I need to file AC21 if working for the same employer in a different position?
typically no. Note that the new position cannot be too differnet from your LC one.
Q) What happens to the pending AoS application if I switch jobs from current employer to a different employer on H-1B.?
If you satisfy all conditions of AC-21, then nothing happens to your AOS:
- your i-140 is approved
- 180 days have passed since your filing of 485
- new jobs is same/similar to old one
Q) What happens to my pending AoS if I switch job with different responsibilites on H-1B?
Assuming rest of AC-21 requirements are met, if hte new job is not deemed similar to old one by USCIS when they adjudicate your 485, it can result in a denial.
Q) 180 day rule of AC21 portability is applicable as of the receipt data or notice date?
receipt date
Q) Do I need to file AC21 if working for the same employer in a different position?
typically no. Note that the new position cannot be too differnet from your LC one.
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gotgc?
03-05 10:44 AM
Hi All,
I work for a big software company and they have recently changed their name "XXXXUSA Inc" to "XXXX America Inc". It is just a company name change and everything else is the same. But, we got an email from our Lawyers yesterday that "Your I-485 application remains valid under AC21 portability provisions despite the change in your employment. In order to continue with your existing permanent residence application under the AC21 portability provisions, we will prepare and file a letter to notify the USCIS of the change in your employment from XXX USA, Inc. to XXX America, Inc."
My I140 is approved with XXXX USA Inc and AOS is filed based on that. My concern is that I am travelling to India on AP and come back in Mid May. I have the following questions:
I asked if I can delay this filing until I come back..my lawyers said "While there is no hard USCIS deadline for this particular filing, this project is a high priority for us and our instructions are to complete this project for all employees ASAP. The AC21 filing will not affect your pending I-485 or your entry into the U.S. in any way"
1. Is it true as my lawyers say that there is no deadline to file AC21? My confusion is should i do this or delay until i come back?
2. If they file this letter would there be any impact to the pending I485 and hence my re-entry to US using AP? Because I read so many threads regarding wrong denial of I485 because of AC21? In my case, it is the same company, no chance of I-140 withdrwawl etc...
3. Assuming if I delay the filing, when you enter on AP, i heard they are asking are you still working for the same petitioner? If I some how had to tell them my company name has changed, then would there be any problems because of not filing this?
My POE is SFO.
Please share your opinion guys..thanks for your help.
I work for a big software company and they have recently changed their name "XXXXUSA Inc" to "XXXX America Inc". It is just a company name change and everything else is the same. But, we got an email from our Lawyers yesterday that "Your I-485 application remains valid under AC21 portability provisions despite the change in your employment. In order to continue with your existing permanent residence application under the AC21 portability provisions, we will prepare and file a letter to notify the USCIS of the change in your employment from XXX USA, Inc. to XXX America, Inc."
My I140 is approved with XXXX USA Inc and AOS is filed based on that. My concern is that I am travelling to India on AP and come back in Mid May. I have the following questions:
I asked if I can delay this filing until I come back..my lawyers said "While there is no hard USCIS deadline for this particular filing, this project is a high priority for us and our instructions are to complete this project for all employees ASAP. The AC21 filing will not affect your pending I-485 or your entry into the U.S. in any way"
1. Is it true as my lawyers say that there is no deadline to file AC21? My confusion is should i do this or delay until i come back?
2. If they file this letter would there be any impact to the pending I485 and hence my re-entry to US using AP? Because I read so many threads regarding wrong denial of I485 because of AC21? In my case, it is the same company, no chance of I-140 withdrwawl etc...
3. Assuming if I delay the filing, when you enter on AP, i heard they are asking are you still working for the same petitioner? If I some how had to tell them my company name has changed, then would there be any problems because of not filing this?
My POE is SFO.
Please share your opinion guys..thanks for your help.
chinna2003
05-15 09:27 AM
My EB1 is not a very strong case as it is, so we are relying on the EB3 petition. I will definitely correct my profile as suggested.
No disrespect intended, I still am not sure after reading your post whether one can take a employer sanctioned long leave of absence for a genuine reason in this case( child care).
No disrespect intended, I still am not sure after reading your post whether one can take a employer sanctioned long leave of absence for a genuine reason in this case( child care).
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amitga
02-27 03:31 PM
Linky not worky
http://www.kellogg.northwestern.edu/ibcconference/
http://www.kellogg.northwestern.edu/ibcconference/
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rajbgp2002
01-17 12:57 PM
Different service center case number starts with different letters.
My case is same as yours. Earlier it used to be EAC, the latest one is WAC.
You should be able to use WACXXX... for online tracking.
My case is same as yours. Earlier it used to be EAC, the latest one is WAC.
You should be able to use WACXXX... for online tracking.
sath2000
07-17 04:46 PM
Hi,
I posted the same information on FREE answers to questions from an Immigration Lawyer.
Here is my issue regarding the PD.
My Employer applied for labor through RIR under EB2 March6th 2004 which was then transffered to Philadelphia Backlog Center. Our Attorney suggested that we Apply through PERM process and Retain PD from the old case. Converted to PERM and applied on 09/26/2006 which was approved on 12/29/2006 but the letter said that they are not retaining PD from the old application as address is changed. Our employer moved 1 street accross in between these to application in Feb 2006. only street address changed everything including phone number remained same. My attorney said that he talked to the labor department in Chicago telling them that phone number didn't change. They said they will consider it and asked him to send a letter. It has been over 15 months he send the first letter. He said last month he also received a call from chicago office saying that they will take a look at the files.
In the meantime applied for I-140 and I-485 concurrently in July/Aug 2007. I-140 got approved on 05/28/2008 and got RFE for I-485 on 06/13/2008. responded to RFE and now case process resumed.
At this point I am trying to see if anyone have this kinda of issue and got resolved or there is away to get this resolved.
thank you
I posted the same information on FREE answers to questions from an Immigration Lawyer.
Here is my issue regarding the PD.
My Employer applied for labor through RIR under EB2 March6th 2004 which was then transffered to Philadelphia Backlog Center. Our Attorney suggested that we Apply through PERM process and Retain PD from the old case. Converted to PERM and applied on 09/26/2006 which was approved on 12/29/2006 but the letter said that they are not retaining PD from the old application as address is changed. Our employer moved 1 street accross in between these to application in Feb 2006. only street address changed everything including phone number remained same. My attorney said that he talked to the labor department in Chicago telling them that phone number didn't change. They said they will consider it and asked him to send a letter. It has been over 15 months he send the first letter. He said last month he also received a call from chicago office saying that they will take a look at the files.
In the meantime applied for I-140 and I-485 concurrently in July/Aug 2007. I-140 got approved on 05/28/2008 and got RFE for I-485 on 06/13/2008. responded to RFE and now case process resumed.
At this point I am trying to see if anyone have this kinda of issue and got resolved or there is away to get this resolved.
thank you
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ganguteli
04-08 01:06 PM
I just noticed on USCIS website that all 4 of our family's I-485 (myself, wife, 2 children) have new LUD of 4/1/2009.
The message still says "case received and pending" on all cases.
I wonder what it means?
Thanks.
Congrats. It means someone touched your file. Please update the LUD date in the IV tracker
The message still says "case received and pending" on all cases.
I wonder what it means?
Thanks.
Congrats. It means someone touched your file. Please update the LUD date in the IV tracker
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samuelt
02-24 10:49 AM
The steps that I followed are on the tutorial on your site: (link below)
http://www.kirupa.com/blend_silverlight/silverlight_website_projects_pg3.htm
1. Add an Empty Web Site
2. Go to Start Options...
3. Add the Silverlight Project on the Silverlight Applications tab.
I attach a screenshot of the file structure.
Thank you.
Samuel
http://www.kirupa.com/blend_silverlight/silverlight_website_projects_pg3.htm
1. Add an Empty Web Site
2. Go to Start Options...
3. Add the Silverlight Project on the Silverlight Applications tab.
I attach a screenshot of the file structure.
Thank you.
Samuel
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131313
November 16th, 2004, 09:23 PM
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logiclife
03-28 10:55 PM
The webfax feature already does that for us.
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needhelp!
10-12 05:48 PM
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insbaby
08-11 04:55 PM
Congratulations!!.
The H4 process should be an easy one and first time, should be no problems. Not sure whether they will do Back ground check on a H4, till end of 2007 all of my friends got it pretty quick, in about 3 to 4 days.
They implemented PIMS after Nov 2007. So your H1 may get slight delay and not sure about new H4 rules.
The H4 process should be an easy one and first time, should be no problems. Not sure whether they will do Back ground check on a H4, till end of 2007 all of my friends got it pretty quick, in about 3 to 4 days.
They implemented PIMS after Nov 2007. So your H1 may get slight delay and not sure about new H4 rules.
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09-12 02:42 PM
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terpac
02-03 07:30 PM
This is EB2 and I had more that 6.5 yrs of experience at the time of labor filing.
The case is in NSC.
PD: Jan 07
I140 & 485 concurrent filing in July 07
Thanks!
The case is in NSC.
PD: Jan 07
I140 & 485 concurrent filing in July 07
Thanks!
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mchhokar
05-15 02:45 PM
Hi,
I am on L1 B (Individual) Visa since last three years. In January my company filed for extension, this time on L1 (Blanket). I received RFE in March, which my company replied in April. A couple days before the attorney called us mentioning the petition has been denied and I am awaiting final documentation.
Here are facts:
I am Senior Product Manager with Bachelor's in Computer Science and around 8 years of Experience working with the same Company. 5 years(India Subsidiary) and 3 Years US HQ.
We did mentioned in our RFE that I have the sole knowledge of two products that I represent and that with other things to convince USCIS.
My company is open and willing to appeal against the decision.
Questions: Could it be a reason that Attorney couldn't represent my case well and in that case should I reconsider other Attorney who is specialized in L1 process.
-Can appeal process buy me some time and should I start my H1B process simultaneously?
If yes, is that something which I can do legally.
-How much time can appeal process buy, is it two months, 4 months, 6 months ??
- My wife is on H1 and I do have 10 years B1 visa on my passport. Given those circumstances I do understant that my options for legally staying in US are open but I really want to avoid compromising options and save current working status.
I have been thinking-thinking a lot during last couple days and thus Any help and directions would be appreciated.
Regards,
Manu
I am on L1 B (Individual) Visa since last three years. In January my company filed for extension, this time on L1 (Blanket). I received RFE in March, which my company replied in April. A couple days before the attorney called us mentioning the petition has been denied and I am awaiting final documentation.
Here are facts:
I am Senior Product Manager with Bachelor's in Computer Science and around 8 years of Experience working with the same Company. 5 years(India Subsidiary) and 3 Years US HQ.
We did mentioned in our RFE that I have the sole knowledge of two products that I represent and that with other things to convince USCIS.
My company is open and willing to appeal against the decision.
Questions: Could it be a reason that Attorney couldn't represent my case well and in that case should I reconsider other Attorney who is specialized in L1 process.
-Can appeal process buy me some time and should I start my H1B process simultaneously?
If yes, is that something which I can do legally.
-How much time can appeal process buy, is it two months, 4 months, 6 months ??
- My wife is on H1 and I do have 10 years B1 visa on my passport. Given those circumstances I do understant that my options for legally staying in US are open but I really want to avoid compromising options and save current working status.
I have been thinking-thinking a lot during last couple days and thus Any help and directions would be appreciated.
Regards,
Manu
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cnachu2
11-14 03:35 PM
Hi All,
I opened a service request with USCIS when my I485 was current in 09/08 and i got response saying that still investigation into my background remains open, so the case is not yet ready for decision. I filed my I 485 in August 2005 and in july 2007(then my file was current) also i was told that the background check is still going on.
Now we know that if it has been more than 180 days after we file I485, no need to wait for background check to process the petetion. My intention is to get my file out of this loop by the time PD becomes current. If any one had this issue and got it resolved, please advise me how i can handle it.
Thanks.
I opened a service request with USCIS when my I485 was current in 09/08 and i got response saying that still investigation into my background remains open, so the case is not yet ready for decision. I filed my I 485 in August 2005 and in july 2007(then my file was current) also i was told that the background check is still going on.
Now we know that if it has been more than 180 days after we file I485, no need to wait for background check to process the petetion. My intention is to get my file out of this loop by the time PD becomes current. If any one had this issue and got it resolved, please advise me how i can handle it.
Thanks.
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snathan
08-10 10:25 PM
Hello
Thanks for looking at this question:
Scenario: I was working for company A on H1 (valid until 2010) and filed a GC through a company B (Head Hunter Company) for future employment, I have my 140 approved, and 485 was filed June 2007, have an EAD/AP. Got a RFE for intent of employment was satisfied with a letter from Company B that "I intend to join company B subject to my favourable adjudiciation". Company A is going under because of lack of funds.
Questions:
Now I am searching for a job, I am getting job offers.
1) Either I will do a contract through through Company B for which I do not have to anything in terms of immigration right?
2) But if I strart working for Company C's payroll then I am going to have to do an AC21 right or can I still hang on to company B.
3) If I do AC21 through company C and if the Job description is pretty close to the description on the LC then would it be okay or do I fear rejection? Or will I be asked why I did not work for the company who filed for my GC in the first place.
Please throw some light on the best option I have.
Thanks!
You started you GC as future employement with company A. You never joined them and want to use AC-21 which will raise red flag. So you need to need to very careful.
Thanks for looking at this question:
Scenario: I was working for company A on H1 (valid until 2010) and filed a GC through a company B (Head Hunter Company) for future employment, I have my 140 approved, and 485 was filed June 2007, have an EAD/AP. Got a RFE for intent of employment was satisfied with a letter from Company B that "I intend to join company B subject to my favourable adjudiciation". Company A is going under because of lack of funds.
Questions:
Now I am searching for a job, I am getting job offers.
1) Either I will do a contract through through Company B for which I do not have to anything in terms of immigration right?
2) But if I strart working for Company C's payroll then I am going to have to do an AC21 right or can I still hang on to company B.
3) If I do AC21 through company C and if the Job description is pretty close to the description on the LC then would it be okay or do I fear rejection? Or will I be asked why I did not work for the company who filed for my GC in the first place.
Please throw some light on the best option I have.
Thanks!
You started you GC as future employement with company A. You never joined them and want to use AC-21 which will raise red flag. So you need to need to very careful.
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gcisadawg
02-13 10:53 AM
Useful read:
Save $50 a Day (and Feel No Pain)
http://finance.yahoo.com/banking-budgeting/article/106586/Save-$50-a-Day-(and-Feel-No-Pain);_ylt=Asmo.fY6BYhkqPXOHSL7olQy0tIF
Pappu, very good article. I saw this in this month's Kiplinger.
A penny saved is 'far better than' a penny earned because you don't have to pay taxes for the penny you saved whereas you have to pay taxes for the one you earned!
Save $50 a Day (and Feel No Pain)
http://finance.yahoo.com/banking-budgeting/article/106586/Save-$50-a-Day-(and-Feel-No-Pain);_ylt=Asmo.fY6BYhkqPXOHSL7olQy0tIF
Pappu, very good article. I saw this in this month's Kiplinger.
A penny saved is 'far better than' a penny earned because you don't have to pay taxes for the penny you saved whereas you have to pay taxes for the one you earned!
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oldguynewguy
12-18 11:54 PM
Q) What happens to the pending AoS application if I switch jobs from current employer to a different employer on H-1B.?
Q) What happens to my pending AoS if I switch job with different responsibilites on H-1B?
Q) 180 day rule of AC21 portability is applicable as of the receipt data or notice date?
Q) Do I need to file AC21 if working for the same employer in a different position?
Many thanks.
Q) What happens to my pending AoS if I switch job with different responsibilites on H-1B?
Q) 180 day rule of AC21 portability is applicable as of the receipt data or notice date?
Q) Do I need to file AC21 if working for the same employer in a different position?
Many thanks.
vnsriv
08-27 02:52 PM
Gurus,
I saw three LUDs on 485 applications after FP. Last as latest as August 23rd. No recent LUD on EAD or AP yet.
What should I expect?
Patience my dear friend. I haven't seen any second LUD on I-485 since FP date.
I saw three LUDs on 485 applications after FP. Last as latest as August 23rd. No recent LUD on EAD or AP yet.
What should I expect?
Patience my dear friend. I haven't seen any second LUD on I-485 since FP date.
billu
05-25 08:01 AM
i enetered US on h4 visa in sept. 2007. got h1b and started working on h1 in october 2008. was laid off in nov 2009 and my husband promptly filed my h4 and got approval in march this year. now another employer has filed for my h1b visa. do I need to wait for h1b approval notice since I am on h4 visa or can I start working as soon as the company receives the receipt notice?thanks for your answers.
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