mantagon
06-01 10:22 AM
YES.
Thanks!
Thanks!
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anai
07-19 02:20 PM
Most people from India will have PPD test positive as they have received BCG vaccine in childhood. PPD test in not mandatory. Negative chest xray is sufficient to prove that you are free from active TB (you may still have dormant infection but that doesn't matter at this point of time). Plus USCIS/CDC had published a guideline for civil surgeons instructing how to perform the Medical exam for immigration purposes and it clearly says that applicant can choose not to have PPD test and negative cxr will be sufficient.
Please cite the source for the claim that an applicant has some sort of a choice about the skin test. I disagree with your claim for the following three reasons.
(1) See instructions to form I-693 (the medical form): http://www.uscis.gov/files/form/I-693.pdf "Applicants two years old or older will be required to have a tuberculin skin test."
(2) Also, while this next link is less authoritative than USCIS's link above, see this page on murthy: http://www.murthy.com/news/n_tbtest.html (dated mid May)
(3) Note also the USCIS memo (dated April) that went into effect by mid June:
http://www.uscis.gov/files/pressrelease/RFEFactSheet041207.pdf
This states that, unlike earlier, petitions filed without initial evidence are more likely to be rejected than to be RFE-ed. (See towards end of first page). "To avoid denial, USCIS urges applicants and petitioners to file complete
applications with all of the required initial evidence. The initial evidence for each application and petition type is clearly listed on the form instructions and in the regulations."
As always, please read the instructions to the forms. Most questions will have answers there.
And if the original poster found any of the answers in this thread useful, consider contributing to IV.
Please cite the source for the claim that an applicant has some sort of a choice about the skin test. I disagree with your claim for the following three reasons.
(1) See instructions to form I-693 (the medical form): http://www.uscis.gov/files/form/I-693.pdf "Applicants two years old or older will be required to have a tuberculin skin test."
(2) Also, while this next link is less authoritative than USCIS's link above, see this page on murthy: http://www.murthy.com/news/n_tbtest.html (dated mid May)
(3) Note also the USCIS memo (dated April) that went into effect by mid June:
http://www.uscis.gov/files/pressrelease/RFEFactSheet041207.pdf
This states that, unlike earlier, petitions filed without initial evidence are more likely to be rejected than to be RFE-ed. (See towards end of first page). "To avoid denial, USCIS urges applicants and petitioners to file complete
applications with all of the required initial evidence. The initial evidence for each application and petition type is clearly listed on the form instructions and in the regulations."
As always, please read the instructions to the forms. Most questions will have answers there.
And if the original poster found any of the answers in this thread useful, consider contributing to IV.
masti_Gai
09-15 07:40 AM
who said that after a GC ppl would settle down for a permanent job. No way
after GC i need to mint money for my family & enjoy life too. I dont know about others tho. I will settle down in DC Belt area where one can keep gettin consultancy jobs one after the other and make a million. Most of them are Fed jobs for which one needs to have a clearance and for that one needs to have GC.
we can make a lot of $$$ per hour on such job. Assignments vary from 6 months to 18 months. What more do u want.
why work two jobs and burn our ass off...
we need to enjoy ur life too. If we only made money n neva spent it therez no use of it.:eek: :eek:
I NEED A GREEN CARD PERIOD!!!:) :) :) :)
after GC i need to mint money for my family & enjoy life too. I dont know about others tho. I will settle down in DC Belt area where one can keep gettin consultancy jobs one after the other and make a million. Most of them are Fed jobs for which one needs to have a clearance and for that one needs to have GC.
we can make a lot of $$$ per hour on such job. Assignments vary from 6 months to 18 months. What more do u want.
why work two jobs and burn our ass off...
we need to enjoy ur life too. If we only made money n neva spent it therez no use of it.:eek: :eek:
I NEED A GREEN CARD PERIOD!!!:) :) :) :)
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bkarnik
04-10 08:29 PM
Bee:
Thanks for the link to the summary. But therein itself lies the solution. As you can see from the summary, the EAD eligibility in all cases explained above is in cases which does not impact the GC quota. Apparently, people against whom removal process is initiated is eligible to receive an EAD!!! Also, as you mentioned in your post, the CFR is not a law, it is an interpretation of law made by the agencies and the agencies are free to change the applicability, extension, conditions of eligibility for EAD as they seem fit. The reason is because COngress never foresaw these huge wait times when they passed the INA (in fact our FAQs make that pretty clear). I think if a little bit of persuasion is applied by the right people to the right places, we may just make this work. I agree with Raj, maybe we should take this a bit farther and see what develops.
Another compelling reason for doing this is the fact that even if the CIR were to be passed, by the time the agencies develop their regulations we are easily looking at another 2 yrs plus before we see the effects of the CIR.
I guess I am done on this topic. It was just a thought that I felt should be put out there for discussion.
Thanks for the link to the summary. But therein itself lies the solution. As you can see from the summary, the EAD eligibility in all cases explained above is in cases which does not impact the GC quota. Apparently, people against whom removal process is initiated is eligible to receive an EAD!!! Also, as you mentioned in your post, the CFR is not a law, it is an interpretation of law made by the agencies and the agencies are free to change the applicability, extension, conditions of eligibility for EAD as they seem fit. The reason is because COngress never foresaw these huge wait times when they passed the INA (in fact our FAQs make that pretty clear). I think if a little bit of persuasion is applied by the right people to the right places, we may just make this work. I agree with Raj, maybe we should take this a bit farther and see what develops.
Another compelling reason for doing this is the fact that even if the CIR were to be passed, by the time the agencies develop their regulations we are easily looking at another 2 yrs plus before we see the effects of the CIR.
I guess I am done on this topic. It was just a thought that I felt should be put out there for discussion.
more...
whattodo
07-27 02:14 PM
Talked to an io at neb sc.within 5 sec of me starting to talk the ffice interuppted and she apologosed for doing that and said because of huge vol of appli there is a delay in the receipt notice.i SAID I AM july 2 nd filer and she said it might be in the first week of aug..(i had said the same thing in my earlier post too after i spoke toa diff officer)..She asked to keep checking the check clearnace.
Hope this helps
Thanks
If no one (or practically no one) from July 2nd has got their receipt notice, then whats the point of calling them everyday. Calling them will NOT get your receipts sooner. These kind of behaviors lead to bad customer service. Misuse it and then dont complain if USCIS disallows this service where we can call and talk to someone. Just get your act together and act maturely.
Hope this helps
Thanks
If no one (or practically no one) from July 2nd has got their receipt notice, then whats the point of calling them everyday. Calling them will NOT get your receipts sooner. These kind of behaviors lead to bad customer service. Misuse it and then dont complain if USCIS disallows this service where we can call and talk to someone. Just get your act together and act maturely.
Hello_Hello
11-03 09:15 AM
Democrats or republican....doesn't matter. Nothing is going to pass. Read the writings on the walls, understand the ruler's and administration's body language it's all Anti-immigrant. Why do you think there are so many queries on everything, EAD harassment. They are harrassing us for everthing, just for 1 plain reason, they don't want us here. And you guys are talking of CIR ..huh!!!
more...
leoindiano
08-06 02:13 PM
Nov 2004 PD.
Delax,
One more thing i see, if a case is transferred from another center, looks they are not touching it.
Delax,
One more thing i see, if a case is transferred from another center, looks they are not touching it.
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roseball
08-22 06:55 PM
Make thing worse....your labor expires after six months, so you have to re-apply again..and again...and again...and again...and again....
Starting July 16th, 2007, labor certification has a 60 day validity period. Meaning, a I-140 petition needs to be filed within 60 days from labor approval date....If immigrant visa numbers are unavailable (dates retrogressed), you wont be able to file your I-140/I-485 concurrently but you can file your I-140 petition irrespective of your priority date as long as you have a labor approved. You dont have to apply for your labor again and again....Its just that, once you get your I-140 approved, you will have to wait for dates to become current to file I-485...
Starting July 16th, 2007, labor certification has a 60 day validity period. Meaning, a I-140 petition needs to be filed within 60 days from labor approval date....If immigrant visa numbers are unavailable (dates retrogressed), you wont be able to file your I-140/I-485 concurrently but you can file your I-140 petition irrespective of your priority date as long as you have a labor approved. You dont have to apply for your labor again and again....Its just that, once you get your I-140 approved, you will have to wait for dates to become current to file I-485...
more...
singhsa3
01-03 06:58 PM
A freind of mine came across a gentleman, who is here on work visa and he is facing a unique problem. He is married to two persons and wants to bring his whole family here in the USA. He was looking for answer if he can get both his spouses and kids here on H4 visas. Currently both of them and his kids are in India. Interesting hmmm :D
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gc_on_demand
11-21 12:12 PM
http://www.change.gov/agenda/immigration_agenda/
bobzibub
You can post there and if you live in California 16th Dist you can call Zoe' office and find out she is willing to bring HR 5882 to floor in Jan 2009.
Any body is here from California 16th Dist ? Please PM me...
bobzibub
You can post there and if you live in California 16th Dist you can call Zoe' office and find out she is willing to bring HR 5882 to floor in Jan 2009.
Any body is here from California 16th Dist ? Please PM me...
more...
kartikiran
11-03 09:19 AM
EB2 likes visa bulletin predictions.
EB3 does not.
That explains the green or red in my opinion.
EB3 does not.
That explains the green or red in my opinion.
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prince40
04-14 06:15 PM
i hope these desi consultants r all banned and deported
more...
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IV2007
07-24 04:23 PM
I applied for EAD renewal (efile) on June 2nd.
Did FP on 26th June.
recieved email yesterday !!!
Did FP on 26th June.
recieved email yesterday !!!
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logiclife
01-09 12:14 PM
http://www.dol.gov/ebsa/faqs/faq_consumer_cobra.HTML
FAQs About COBRA Continuation Health Coverage
What is COBRA continuation health coverage?
Congress passed the landmark Consolidated Omnibus Budget Reconciliation Act (COBRA) health benefit provisions in 1986. The law amends the Employee Retirement Income Security Act, the Internal Revenue Code and the Public Health Service Act to provide continuation of group health coverage that otherwise might be terminated.
What does COBRA do?
COBRA provides certain former employees, retirees, spouses, former spouses, and dependent children the right to temporary continuation of health coverage at group rates. This coverage, however, is only available when coverage is lost due to certain specific events. Group health coverage for COBRA participants is usually more expensive than health coverage for active employees, since usually the employer pays a part of the premium for active employees while COBRA participants generally pay the entire premium themselves. It is ordinarily less expensive, though, than individual health coverage.
Who is entitled to benefits under COBRA?
There are three elements to qualifying for COBRA benefits. COBRA establishes specific criteria for plans, qualified beneficiaries, and qualifying events:
Plan Coverage - Group health plans for employers with 20 or more employees on more than 50 percent of its typical business days in the previous calendar year are subject to COBRA. Both full and part-time employees are counted to determine whether a plan is subject to COBRA. Each part-time employee counts as a fraction of an employee, with the fraction equal to the number of hours that the part-time employee worked divided by the hours an employee must work to be considered full time.
Qualified Beneficiaries - A qualified beneficiary generally is an individual covered by a group health plan on the day before a qualifying event who is either an employee, the employee's spouse, or an employee's dependent child. In certain cases, a retired employee, the retired employee's spouse, and the retired employee's dependent children may be qualified beneficiaries. In addition, any child born to or placed for adoption with a covered employee during the period of COBRA coverage is considered a qualified beneficiary. Agents, independent contractors, and directors who participate in the group health plan may also be qualified beneficiaries.
Qualifying Events - Qualifying events are certain events that would cause an individual to lose health coverage. The type of qualifying event will determine who the qualified beneficiaries are and the amount of time that a plan must offer the health coverage to them under COBRA. A plan, at its discretion, may provide longer periods of continuation coverage.
Qualifying Events for Employees:
Voluntary or involuntary termination of employment for reasons other than gross misconduct
Reduction in the number of hours of employment
Qualifying Events for Spouses:
Voluntary or involuntary termination of the covered employee's employment for any reason other than gross misconduct
Reduction in the hours worked by the covered employee
Covered employee's becoming entitled to Medicare
Divorce or legal separation of the covered employee
Death of the covered employee
Qualifying Events for Dependent Children:
Loss of dependent child status under the plan rules
Voluntary or involuntary termination of the covered employee's employment for any reason other than gross misconduct
Reduction in the hours worked by the covered employee
Covered employee's becoming entitled to Medicare
Divorce or legal separation of the covered employee
Death of the covered employee
How does a person become eligible for COBRA continuation coverage?
To be eligible for COBRA coverage, you must have been enrolled in your employer's health plan when you worked and the health plan must continue to be in effect for active employees. COBRA continuation coverage is available upon the occurrence of a qualifying event that would, except for the COBRA continuation coverage, cause an individual to lose his or her health care coverage.
What group health plans are subject to COBRA?
The law generally covers health plans maintained by private-sector employers with 20 or more employees, employee organizations, or state or local governments.
What process must individuals follow to elect COBRA continuation coverage?
Employers must notify plan administrators of a qualifying event within 30 days after an employee's death, termination, reduced hours of employment or entitlement to Medicare.
A qualified beneficiary must notify the plan administrator of a qualifying event within 60 days after divorce or legal separation or a child's ceasing to be covered as a dependent under plan rules.
Plan participants and beneficiaries generally must be sent an election notice not later than 14 days after the plan administrator receives notice that a qualifying event has occurred. The individual then has 60 days to decide whether to elect COBRA continuation coverage. The person has 45 days after electing coverage to pay the initial premium.
How long after a qualifying event do I have to elect COBRA coverage?
Qualified beneficiaries must be given an election period during which each qualified beneficiary may choose whether to elect COBRA coverage. Each qualified beneficiary may independently elect COBRA coverage. A covered employee or the covered employee's spouse may elect COBRA coverage on behalf of all other qualified beneficiaries. A parent or legal guardian may elect on behalf of a minor child. Qualified beneficiaries must be given at least 60 days for the election. This period is measured from the later of the coverage loss date or the date the COBRA election notice is provided by the employer or plan administrator. The election notice must be provided in person or by first class mail within 14 days after the plan administrator receives notice that a qualifying event has occurred.
How do I file a COBRA claim for benefits?
Health plan rules must explain how to obtain benefits and must include written procedures for processing claims. Claims procedures must be described in the Summary Plan Description.
You should submit a claim for benefits in accordance with the plan's rules for filing claims. If the claim is denied, you must be given notice of the denial in writing generally within 90 days after the claim is filed. The notice should state the reasons for the denial, any additional information needed to support the claim, and procedures for appealing the denial.
You will have at least 60 days to appeal a denial and you must receive a decision on the appeal generally within 60 days after that.
Contact the plan administrator for more information on filing a claim for benefits. Complete plan rules are available from employers or benefits offices. There can be charges up to 25 cents a page for copies of plan rules.
Can individuals qualify for longer periods of COBRA continuation coverage?
Yes, disability can extend the 18 month period of continuation coverage for a qualifying event that is a termination of employment or reduction of hours. To qualify for additional months of COBRA continuation coverage, the qualified beneficiary must:
Have a ruling from the Social Security Administration that he or she became disabled within the first 60 days of COBRA continuation coverage
Send the plan a copy of the Social Security ruling letter within 60 days of receipt, but prior to expiration of the 18-month period of coverage
If these requirements are met, the entire family qualifies for an additional 11 months of COBRA continuation coverage. Plans can charge 150% of the premium cost for the extended period of coverage.
FAQs About COBRA Continuation Health Coverage
What is COBRA continuation health coverage?
Congress passed the landmark Consolidated Omnibus Budget Reconciliation Act (COBRA) health benefit provisions in 1986. The law amends the Employee Retirement Income Security Act, the Internal Revenue Code and the Public Health Service Act to provide continuation of group health coverage that otherwise might be terminated.
What does COBRA do?
COBRA provides certain former employees, retirees, spouses, former spouses, and dependent children the right to temporary continuation of health coverage at group rates. This coverage, however, is only available when coverage is lost due to certain specific events. Group health coverage for COBRA participants is usually more expensive than health coverage for active employees, since usually the employer pays a part of the premium for active employees while COBRA participants generally pay the entire premium themselves. It is ordinarily less expensive, though, than individual health coverage.
Who is entitled to benefits under COBRA?
There are three elements to qualifying for COBRA benefits. COBRA establishes specific criteria for plans, qualified beneficiaries, and qualifying events:
Plan Coverage - Group health plans for employers with 20 or more employees on more than 50 percent of its typical business days in the previous calendar year are subject to COBRA. Both full and part-time employees are counted to determine whether a plan is subject to COBRA. Each part-time employee counts as a fraction of an employee, with the fraction equal to the number of hours that the part-time employee worked divided by the hours an employee must work to be considered full time.
Qualified Beneficiaries - A qualified beneficiary generally is an individual covered by a group health plan on the day before a qualifying event who is either an employee, the employee's spouse, or an employee's dependent child. In certain cases, a retired employee, the retired employee's spouse, and the retired employee's dependent children may be qualified beneficiaries. In addition, any child born to or placed for adoption with a covered employee during the period of COBRA coverage is considered a qualified beneficiary. Agents, independent contractors, and directors who participate in the group health plan may also be qualified beneficiaries.
Qualifying Events - Qualifying events are certain events that would cause an individual to lose health coverage. The type of qualifying event will determine who the qualified beneficiaries are and the amount of time that a plan must offer the health coverage to them under COBRA. A plan, at its discretion, may provide longer periods of continuation coverage.
Qualifying Events for Employees:
Voluntary or involuntary termination of employment for reasons other than gross misconduct
Reduction in the number of hours of employment
Qualifying Events for Spouses:
Voluntary or involuntary termination of the covered employee's employment for any reason other than gross misconduct
Reduction in the hours worked by the covered employee
Covered employee's becoming entitled to Medicare
Divorce or legal separation of the covered employee
Death of the covered employee
Qualifying Events for Dependent Children:
Loss of dependent child status under the plan rules
Voluntary or involuntary termination of the covered employee's employment for any reason other than gross misconduct
Reduction in the hours worked by the covered employee
Covered employee's becoming entitled to Medicare
Divorce or legal separation of the covered employee
Death of the covered employee
How does a person become eligible for COBRA continuation coverage?
To be eligible for COBRA coverage, you must have been enrolled in your employer's health plan when you worked and the health plan must continue to be in effect for active employees. COBRA continuation coverage is available upon the occurrence of a qualifying event that would, except for the COBRA continuation coverage, cause an individual to lose his or her health care coverage.
What group health plans are subject to COBRA?
The law generally covers health plans maintained by private-sector employers with 20 or more employees, employee organizations, or state or local governments.
What process must individuals follow to elect COBRA continuation coverage?
Employers must notify plan administrators of a qualifying event within 30 days after an employee's death, termination, reduced hours of employment or entitlement to Medicare.
A qualified beneficiary must notify the plan administrator of a qualifying event within 60 days after divorce or legal separation or a child's ceasing to be covered as a dependent under plan rules.
Plan participants and beneficiaries generally must be sent an election notice not later than 14 days after the plan administrator receives notice that a qualifying event has occurred. The individual then has 60 days to decide whether to elect COBRA continuation coverage. The person has 45 days after electing coverage to pay the initial premium.
How long after a qualifying event do I have to elect COBRA coverage?
Qualified beneficiaries must be given an election period during which each qualified beneficiary may choose whether to elect COBRA coverage. Each qualified beneficiary may independently elect COBRA coverage. A covered employee or the covered employee's spouse may elect COBRA coverage on behalf of all other qualified beneficiaries. A parent or legal guardian may elect on behalf of a minor child. Qualified beneficiaries must be given at least 60 days for the election. This period is measured from the later of the coverage loss date or the date the COBRA election notice is provided by the employer or plan administrator. The election notice must be provided in person or by first class mail within 14 days after the plan administrator receives notice that a qualifying event has occurred.
How do I file a COBRA claim for benefits?
Health plan rules must explain how to obtain benefits and must include written procedures for processing claims. Claims procedures must be described in the Summary Plan Description.
You should submit a claim for benefits in accordance with the plan's rules for filing claims. If the claim is denied, you must be given notice of the denial in writing generally within 90 days after the claim is filed. The notice should state the reasons for the denial, any additional information needed to support the claim, and procedures for appealing the denial.
You will have at least 60 days to appeal a denial and you must receive a decision on the appeal generally within 60 days after that.
Contact the plan administrator for more information on filing a claim for benefits. Complete plan rules are available from employers or benefits offices. There can be charges up to 25 cents a page for copies of plan rules.
Can individuals qualify for longer periods of COBRA continuation coverage?
Yes, disability can extend the 18 month period of continuation coverage for a qualifying event that is a termination of employment or reduction of hours. To qualify for additional months of COBRA continuation coverage, the qualified beneficiary must:
Have a ruling from the Social Security Administration that he or she became disabled within the first 60 days of COBRA continuation coverage
Send the plan a copy of the Social Security ruling letter within 60 days of receipt, but prior to expiration of the 18-month period of coverage
If these requirements are met, the entire family qualifies for an additional 11 months of COBRA continuation coverage. Plans can charge 150% of the premium cost for the extended period of coverage.
more...
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nrk
10-27 05:06 PM
I have taken info pass appointment and will update the status here
Don't worry. Most likely, it is USCIS error. Check why after 140 approval, they sent to DOS while you are in Adjust of Status? May be USCIS entered wrong in system and creating issue.
I would take INFOPASS and contact local Congressman.
Good luck !!!
Don't worry. Most likely, it is USCIS error. Check why after 140 approval, they sent to DOS while you are in Adjust of Status? May be USCIS entered wrong in system and creating issue.
I would take INFOPASS and contact local Congressman.
Good luck !!!
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gcformeornot
08-10 12:37 PM
Yes, I did use LS.
But my motive was not to jump the line as I told my company attorney to purposefully find an LC from this year or last year. And since it was a multibillion dollar company with some xx thousand employees. They were able to find one.
Not everyone's motives is to jump the line. I did this because I didnt want to wait another 10 years to apply for I 485.
And on the top, dont even think that all who did LS were able to jump the line. LS involves lot of scrutiny and it was always safer to use one's own labor.
Its so funny that some people think that people who cannot prove themselves for what ever reasons (education etc) with their own labor use LS. hehehe. This is even more riskier.
And it was always legal to do it. And may be many people and employers misused it. Shout at those people.
As for me, my labor was going nowhere and the company with which I worked for the past few years found an LS for me which was from last year PD and I do not regret doing it.
And I bet, people who had an opportunity like me would do it.
And also, THE THREAD WAS NOT OPENED WITH A TITLE "WHAT IS YOUR OPINION ABOUT LS, SHOULD IT BE BANNED". There were a number of threads on this forum where you can show these kinds of opinions. This thread was opened for a different purpose.
And moveover LS is banned now. So dont waste your energyy but use it for some good causes IV is planning for.
jump line by one year Right? If you own labor wasn't going anywhere why not apply for new one since your multibillion dollar company looks ready to do anything for you?
But my motive was not to jump the line as I told my company attorney to purposefully find an LC from this year or last year. And since it was a multibillion dollar company with some xx thousand employees. They were able to find one.
Not everyone's motives is to jump the line. I did this because I didnt want to wait another 10 years to apply for I 485.
And on the top, dont even think that all who did LS were able to jump the line. LS involves lot of scrutiny and it was always safer to use one's own labor.
Its so funny that some people think that people who cannot prove themselves for what ever reasons (education etc) with their own labor use LS. hehehe. This is even more riskier.
And it was always legal to do it. And may be many people and employers misused it. Shout at those people.
As for me, my labor was going nowhere and the company with which I worked for the past few years found an LS for me which was from last year PD and I do not regret doing it.
And I bet, people who had an opportunity like me would do it.
And also, THE THREAD WAS NOT OPENED WITH A TITLE "WHAT IS YOUR OPINION ABOUT LS, SHOULD IT BE BANNED". There were a number of threads on this forum where you can show these kinds of opinions. This thread was opened for a different purpose.
And moveover LS is banned now. So dont waste your energyy but use it for some good causes IV is planning for.
jump line by one year Right? If you own labor wasn't going anywhere why not apply for new one since your multibillion dollar company looks ready to do anything for you?
more...
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mammoy2k
09-10 12:49 PM
When I used term misguide, I was reffering to "I-140 Approval". Here is another attempt to clarify:
If you concurrently filed your application and if it is more than 180 since you filed and your I-140 is not approved yet, then can you use AC21? The answer is yes as per Yates memo. Even though your I-140 is not approved at the time you invoked AC21, USCIS while adjudicating the petition should determine whether the I-140 was approvable at the time of filling? Please read the memo, if you have not done so.
In nutshell, I-140 approval is not required for invoking AC21, if application was filed concurrently and has been pending for 180 days or more. Attorneys ask you to remain in your job, so as to minimize the risk.
Kindly see the context of the post and please read the post completely before going ballistic �
I am not talking about the requirements for concurrent filing. Yes, everybody knows that I-140 and I-485 could be filed together, hence the word �concurrent�.
However, approved I-140 is required for invoking AC-21 to change employer after 180 days of 485 receipt.
If you want to change employer without consideration to the salary, be my guest. I am simply trying to relay what I have learnt from discussions with 4 top attorneys in the country. If you have any doubt, speak to an attorney. But you are welcome to do whatever you find is best for you. I have changed employer using AC-21 and simply attempting to provide the information about practical implication/ramifications of AC-21 from my experience and knowing. As always, you are welcome to do whatever you deem fit in your case.
If you concurrently filed your application and if it is more than 180 since you filed and your I-140 is not approved yet, then can you use AC21? The answer is yes as per Yates memo. Even though your I-140 is not approved at the time you invoked AC21, USCIS while adjudicating the petition should determine whether the I-140 was approvable at the time of filling? Please read the memo, if you have not done so.
In nutshell, I-140 approval is not required for invoking AC21, if application was filed concurrently and has been pending for 180 days or more. Attorneys ask you to remain in your job, so as to minimize the risk.
Kindly see the context of the post and please read the post completely before going ballistic �
I am not talking about the requirements for concurrent filing. Yes, everybody knows that I-140 and I-485 could be filed together, hence the word �concurrent�.
However, approved I-140 is required for invoking AC-21 to change employer after 180 days of 485 receipt.
If you want to change employer without consideration to the salary, be my guest. I am simply trying to relay what I have learnt from discussions with 4 top attorneys in the country. If you have any doubt, speak to an attorney. But you are welcome to do whatever you find is best for you. I have changed employer using AC-21 and simply attempting to provide the information about practical implication/ramifications of AC-21 from my experience and knowing. As always, you are welcome to do whatever you deem fit in your case.
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smaram1
08-17 10:35 PM
Can you please tell me what should we write for this question?
12. Description of your case problem: Describe the case problem you are experiencing with USCIS. Attach additional pages if needed.
I am eligible for adjudication but for whatever reasons, my case is being overlooked.
Do i need to add that my name check is pending and based on 180 day rule, it should have been approved?
12. Description of your case problem: Describe the case problem you are experiencing with USCIS. Attach additional pages if needed.
I am eligible for adjudication but for whatever reasons, my case is being overlooked.
Do i need to add that my name check is pending and based on 180 day rule, it should have been approved?
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LostInGCProcess
10-26 08:28 PM
Hi Guys,
I am EB2 I with a priority date of April 2006 (Direct labor applied and approved from employer A, I 140 applied and approved from Employer A, Filed 485 from Employer A itself)
Moved to Employer B using EAD in 2009 January. (Almost after 18 months after getting EAD)
10/15/2009 i called the TSC and asked the representative to know whether my case is pre approved or not. the representative told me that he does not have any of that data and opening a SR will let us know. i opened one SR on the same day.
I got a mail just now, with the following text in it.
"The status of your request is
Your case is on hold because your appear to be inadmissible under the current law
Rather than denying your application based on inadmissibility, we are placing your case on hold while the Department of Homeland security considers additional exercises of the security of Homeland security discretionary exemption authority.
Such an exercise of the exemption authority might allow us to approve the case."
What does this mean, any one has some idea about it.
This is very strange. However, I would like to know the reason that prompted you to inquire about your case status. What was the status that was showing on-line? Is it "application received and pending", the same usual statement?
I am EB2 I with a priority date of April 2006 (Direct labor applied and approved from employer A, I 140 applied and approved from Employer A, Filed 485 from Employer A itself)
Moved to Employer B using EAD in 2009 January. (Almost after 18 months after getting EAD)
10/15/2009 i called the TSC and asked the representative to know whether my case is pre approved or not. the representative told me that he does not have any of that data and opening a SR will let us know. i opened one SR on the same day.
I got a mail just now, with the following text in it.
"The status of your request is
Your case is on hold because your appear to be inadmissible under the current law
Rather than denying your application based on inadmissibility, we are placing your case on hold while the Department of Homeland security considers additional exercises of the security of Homeland security discretionary exemption authority.
Such an exercise of the exemption authority might allow us to approve the case."
What does this mean, any one has some idea about it.
This is very strange. However, I would like to know the reason that prompted you to inquire about your case status. What was the status that was showing on-line? Is it "application received and pending", the same usual statement?
venky08
12-28 01:38 PM
Does this mean that you cannot have 6-9 years extension of H1B for the new employer and you must use the EAD after six years if you are changing jobs?
There are more risks in using AC21 before 140 approval.
Read the Aytes memo of Dec 2005 regarding portability before 140 approval. There is all kinds of things that can go wrong if you port off to a new employer before 140 approval.
Other than employer withdrawing 140, the other issues are that if there is an RFE on your 140 and you have already used portability and ported off to new employer using EAD, then what would you do if that 140 doesnt get approved. Because if your H1 6 years have been used up, you are on EAD status, and your underlying 140 tied to 485 doesnt get approved, then it means you are out of status and you are out of luck. You cant even stay here to appeal the whole thing, you have to pack up and go back.
There are more risks in using AC21 before 140 approval.
Read the Aytes memo of Dec 2005 regarding portability before 140 approval. There is all kinds of things that can go wrong if you port off to a new employer before 140 approval.
Other than employer withdrawing 140, the other issues are that if there is an RFE on your 140 and you have already used portability and ported off to new employer using EAD, then what would you do if that 140 doesnt get approved. Because if your H1 6 years have been used up, you are on EAD status, and your underlying 140 tied to 485 doesnt get approved, then it means you are out of status and you are out of luck. You cant even stay here to appeal the whole thing, you have to pack up and go back.
bestofall
07-30 12:21 PM
URGENT UPDATE: HR5882 scheduled for tomorrow - PLEASE CALL
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House Immigration Sub-Committee is planning on mark up Congresswoman Lofgren's recapture bill tomorrow (Thursday) afternoon in her subcommittee. This is an extremely IMPORTANT development. We are hoping that an agreement reached such that there is no party line vote on this effort. As such all members are requested to PLEASE PLEASE call the following members on the subcommittee requesting them to support Lofgren's recapture bill H.R.5882.
Majority Members (Democrats)
Member Name DC Phone
Luis V. Gutierrez (D-IL) 202-225-8203
Howard L. Berman (D-CA) 202-225-4695
Sheila Jackson-Lee (D-TX) 202-225-3816
Maxine Waters (D-CA) 202-225-2201
Bill Delahunt (D-MA) 202-225-3111
Linda T. Sanchez (D-CA) 202-225-6676
Artur Davis (D-AL) 202-225-2665
Keith Ellison (D-MN) 202-225-4755
Anthony Weiner (D-NY) 202-225-6616
Minority Members (Republicans)
Member Name DC Phone
Steve King (R-IA) [Ranking Member]202-225-4426
Elton Gallegly (R-CA) 202-225-5811
Bob Goodlatte (R-VA) 202-225-5431
Dan Lungren (R-CA) 202-225-5716
J. Randy Forbes (R-VA) 202-225-6365
Louie Gohmert (R-TX) 202-225-3035
--------------------------------------------------------------------------------
House Immigration Sub-Committee is planning on mark up Congresswoman Lofgren's recapture bill tomorrow (Thursday) afternoon in her subcommittee. This is an extremely IMPORTANT development. We are hoping that an agreement reached such that there is no party line vote on this effort. As such all members are requested to PLEASE PLEASE call the following members on the subcommittee requesting them to support Lofgren's recapture bill H.R.5882.
Majority Members (Democrats)
Member Name DC Phone
Luis V. Gutierrez (D-IL) 202-225-8203
Howard L. Berman (D-CA) 202-225-4695
Sheila Jackson-Lee (D-TX) 202-225-3816
Maxine Waters (D-CA) 202-225-2201
Bill Delahunt (D-MA) 202-225-3111
Linda T. Sanchez (D-CA) 202-225-6676
Artur Davis (D-AL) 202-225-2665
Keith Ellison (D-MN) 202-225-4755
Anthony Weiner (D-NY) 202-225-6616
Minority Members (Republicans)
Member Name DC Phone
Steve King (R-IA) [Ranking Member]202-225-4426
Elton Gallegly (R-CA) 202-225-5811
Bob Goodlatte (R-VA) 202-225-5431
Dan Lungren (R-CA) 202-225-5716
J. Randy Forbes (R-VA) 202-225-6365
Louie Gohmert (R-TX) 202-225-3035
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