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  • 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.




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  • adi787
    11-11 07:58 PM
    Hello RamK:

    Would you please share your exp here?

    Were you able to invoke AC21?

    Also, can I have my H1B extended after 6th year( 3 yr ext), based on 140 approved.




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  • ImmigrationAnswerMan
    07-19 01:09 AM
    Yes, but if you file them both at the same time it gets complicated controlling which one will be the final status you end up in.

    It is probably better to file for one, with premium processing, and then if it is denies, file for the other. But, that may not be an option if you are running out of time on your I-94.




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  • casinoroyale
    04-02 09:52 AM
    My attorney is saying they can file MTR on "USCIS's own motion" with that we don't have to pay the application fee of $585? This is something new to me, but I trust my attorney.

    Has anyone else heard of this before? I just want to double check as the last thing I want is USCIS denying my MTR for not filing with the fee.



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  • GreeNever
    02-08 02:23 PM
    How about leveraging the Ministry for Overseas Indian Affairs too? Though the content does not necessarily reflect conditions in US, it still seems to be bang on here (in light of Pres.Bush's impending visit to India) :



    ........
    New Delhi: Problems being faced by Indians working abroad will receive special attention, Minister for Overseas Indian Affairs Vayalar Ravi said listing his priorities as he took charge of the ministry in New Delhi on Monday.

    Ravi, whose assumption of charge as Cabinet minister is expected to lend high profile to the year-old ministry, said he would also make efforts to bring "further improvement" in the functioning of Indian missions abroad in relation to workers.



    "Indians working abroad do face problems. There are persisting problems. My first priority will be to look after their interests and protect them," he told reporters.

    Observing that about 25 million Indians were currently working abroad, he said the problems are particularly faced by Indian workers in Gulf countries.

    The minister said addressing the issue would include sensitising the missions with regard to problems of Indian workers.

    "Although the complaints [about attitude of the missions with regard to immigrant workers] have come down, there is a need for further improvement in their functioning," he said.

    Emphasising that his ministry would be working with the external affairs ministry, he said he would make efforts to ensure change in labour laws in the countries where Indians are working.




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  • myimmiv
    12-18 04:26 PM
    I entered in Atlanta GA, with 45 days of validity remaining on my AP. No questions asked.
    Thanks a lot truthinspector



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  • diptam
    02-24 04:30 PM
    The rule is if company B files a Labor 365 days before your H expiration then that H could be extended. However L visa probably doesn't have a specified time limit like 6 yrs. So theoretically you could let companyB file Perm and I-140 for you and keep working in Company A till your Priority date become current and you get EAD.

    But the best practical option is to jump to Company B via H1 and let them file the Labor and you continue extending the H1 as I'm doing. Once EAD comes you could trash the H1 or even transfer that H1 to a 3rd company.

    The choice is yours !

    Thanks again guys.

    Well company A can file my GC but the issue is that the financial books of company A are not clear right now. Hence there are chances I-140 will be refused even if I file on EB1.

    Company B is willing to take me but the issue is how do I join B. The options which I see are that B files my GC under EB2 or EB3 and I continue to work with company A till then. But then in EB2/EB3 the processing will take years till I get my EAD and join company B.




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  • kondur_007
    10-16 12:11 PM
    I am a July 2nd filer with PD of OCT 2006. I am planning to switch my employer using EAD. Should I notify USCIS with AC21? What is my best option? What is the risk?
    I appriciate your help.
    Thank you

    There are two options here:

    1. Document that you are porting using AC 21; keep the documentation with lawyer but do not send it to the USCIS

    2. Send the above documentation to USCIS.

    The best option for YOU depends on specifics of the case: details of PERM (job title, job description, prevailing wage, location etc), your new job (job title, job description, wage, location, financial stability of the company etc) and your immigration history. (any out of status time etc). This decision is best made by a competent lawyer so that you do not face problems in future.
    I will highly advise you to get help from a good and competent lawyer; it's money worth spent.
    Good Luck.



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  • cygent
    07-02 02:13 AM
    Hello IVans,
    Does anyone feel the same? any thoughts?

    But only because they know everybody will be frustrated with the wait & opt for PP - Another clever manipulation IMHO.




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  • jliechty
    September 4th, 2006, 07:50 PM
    Both are very good. The lighting is dramatic and interesting. Just to be contrary, I think I like the second one a bit more, if I have to choose one favorite. ;)



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  • snathan
    12-09 10:52 AM
    Hi
    Is visa recapture part of the this proposed dream act..? If not then it will be of no use to any of the legal workers (most of us on this forum) in the EB row.
    Thanks,

    Thanks for letting us know...




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  • kc_p21
    06-15 09:43 PM
    Hello :

    My EAD expires on July 28, 2010. I have sent the application today with request to expedite with employer letter.

    If I don't receive my new EAD card by July 28, 2010, then

    1) Will/Should I stop working?

    2) If I do stop working, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?

    3) If I continue to work, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?

    4) Can I continue to work/remain IN-STATUS as long as my EAD application shows "Approved" on USCIS website but I don't have the physical card with me?

    Any response to these questions will be highly appreciated.

    Thanks!



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  • snathan
    03-29 11:57 AM
    I understand that IV needs the money to get things done. But money is not the only thing IV needs. It needs people to volunteer, make calls, meet lawmakers, participate in rallys, general conference calls and start motivating campaigns like the one availing FOIA. If money contributions are the only way for people to be up-to-date about status of IV activities, then what about the people who contribute in other forms?

    IV may get the money needed, but at what cost?

    So what do you suggest as the alternate to get the needed fund...?




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  • gc67890
    07-28 03:55 PM
    I had too.

    Labor EB2 NOV 2004
    I140 Approved Feb 2007
    485 RD July 2nd 2007 ND Aug 10 2007

    ******
    Contributed $200



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  • JoeSixpack
    09-04 07:45 PM
    It seems I spoke too soon about having that bold problem tucked away. It does work like I mentioned. However if upon opening the window i first click the bold button then click in the textbox, the bold button will return to its unClicked state. It is only if i first click the bold button and begin typing without clicking in the textbox before typing that it retains its isChecked state and the text is bold.

    (This is how it is working after adding the MainRichTextBox.Focus to the cs file.)




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  • visa_reval
    04-28 01:21 PM
    Guys,

    The person who started this thread is not even in a position to use AC21. Does anyone know if one can change employers with approved I-140 (I-485 not filed) and is in 7th year of h1b ?



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  • roseball
    08-21 11:00 AM
    Hi All,

    Can we follow up case details only with WAC Receipt from both TSC and NSC.

    Any one approved with WAC receipt with PD'2005 and PD'2006 from NSC or TSC.

    Thanks

    Yes, my friend and his wife got approved. His was a TSC - WAC - TSC case, receipted with WAC#.

    Early last week both their cases had a LUD and the status changed to moved to local USCIS office.....The status still shows the same online...However, my friend (primary applicant) received I-797 approval notice for his I-485 on Aug 15th and his wife received the approval notice yesterday in the mail (USPS mail)...No emails nothing....And the online status is still received and pending....His PD is May' 25th 2006 EB2-I with a RD of July 31st, 2007....

    Looks like there is no order to this madness.....




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  • uma001
    11-04 04:44 PM
    The title of the thread is misleading. Please change it.

    Amul


    How to change the title?




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  • irrational
    10-09 03:13 PM
    The whole problem is where should I send my AP application to ?? :confused:




    thuristic
    09-01 09:04 PM
    Thanks so much for your insights. If I migrate south bound again, I will probably not return to my current company as I am fed up being the designated work horse.

    I have permanent residencies in 4 countries including Canada and I am getting tired being victimized by the immigration system. Unless there is a systematic fix up or my PD becomes current, I plan to continue exploring opportunities else where.

    For ladies and gents who are already seeing the light at the end of their tunnels, I wish you the very best.

    cheers,




    james_bond_007
    04-06 07:37 PM
    I went to the infopass to inquire about the "additional review" letter I got from TSC. Officer did some search and told me the following " this case is in transit to an officer TODAY, just 30 minutes before. you dont have to worry about this notice". He also said that call us back in 45 days .. I did fax all the details to the Senator but am not sure whether this resulted from the inquiry.



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