jsb
11-14 12:11 PM
Well, are you sure I would need to work for this "future employer" for 6 months?
AC21 does not have a limit on the number of times you switch employers. Technically, if you were working for Employer A at the time of the RFE and submit a EVL from Employer A, you could then switch to Employer B immediately on AC21. In this scenario, I haven't worked with A for 6 months.
Is this scenario different because A is not a future employer?
With LC, I-140 and I-485 process, intentions of employee/employer relationship are expected to be bonafide, otherwise it would be fraud. Although a lot of people mention here, and some attorneys suggest, to work for 6 months for the sponsoring employer, there doesn't appear to be any law on that. Circumstances can change any time (AC21 supports that). Therefore, six month, or whatever period you may want to fix, is merely to strength the case that the sponsorship was bonafide. AC21 guidelines are quite lenient in that matter.
Bottomline is whatever happened, or you can provide, to support that there was no fraudulent intent, you are fine. If situation is not clear, and someone decides to contend, courts may come into picture.
Some people mention that six-month working could haunt you at citizenship time, but I doubt that. USCIS have a lot of other things to look at. If you have been a good citizen until then you should be fine.
AC21 does not have a limit on the number of times you switch employers. Technically, if you were working for Employer A at the time of the RFE and submit a EVL from Employer A, you could then switch to Employer B immediately on AC21. In this scenario, I haven't worked with A for 6 months.
Is this scenario different because A is not a future employer?
With LC, I-140 and I-485 process, intentions of employee/employer relationship are expected to be bonafide, otherwise it would be fraud. Although a lot of people mention here, and some attorneys suggest, to work for 6 months for the sponsoring employer, there doesn't appear to be any law on that. Circumstances can change any time (AC21 supports that). Therefore, six month, or whatever period you may want to fix, is merely to strength the case that the sponsorship was bonafide. AC21 guidelines are quite lenient in that matter.
Bottomline is whatever happened, or you can provide, to support that there was no fraudulent intent, you are fine. If situation is not clear, and someone decides to contend, courts may come into picture.
Some people mention that six-month working could haunt you at citizenship time, but I doubt that. USCIS have a lot of other things to look at. If you have been a good citizen until then you should be fine.
Munna Bhai
07-12 09:08 AM
hello, any inputs
twingy
10-04 03:51 AM
Is there and on going class action lawsuit? and if there is where can I get info to join. I filed for a k3 visa a year and 110 days ago. Till this day USCIS still wont approve my applications because they say that we are stuck in bacgkroud checks. I dont understand how people that field way after me already have their spouse here while I have been waiting for over a year and we still dont have the NOA2. What can I do, where can I joint o get help. Is there a class action going on for this?
greenguru
03-31 03:00 PM
Thanks all for your help and great inputs. IV has helped me a lot.
I wish you all the best ...
TKs, GG
I wish you all the best ...
TKs, GG
more...
jkmc
02-16 11:02 AM
not really, but close.
i-94 expire 10/01/2007. married 09/12/2007. i-485 received by uscis on 11/26/2007.
Hi Surge
You should then consult a lawyer.
i-94 expire 10/01/2007. married 09/12/2007. i-485 received by uscis on 11/26/2007.
Hi Surge
You should then consult a lawyer.
aadimanav
12-27 07:35 PM
It seems like the December Processing Dates for December 2007 are out, even though my browser is still showing the November version.
Enjoy!
Enjoy!
more...
alkg
10-18 06:08 PM
I am in the same boat:::::::::
July 2nd Filer.
Reciept notice received on October 11th on Phone.
Waiting for EAD,AP.
FP Not Done
July 2nd Filer.
Reciept notice received on October 11th on Phone.
Waiting for EAD,AP.
FP Not Done
wandmaker
08-26 06:07 PM
Thank you very much for your prompt reply. Greatly appreciate.
I paid the money to my company who has applied for my H1B. I am not too sure whom they will address the check to. They only sent me the Fedex tracking no. which tells that the application is received by USCIS, Vermont on April 7th.
I am fine if it is taking time but my only concern is whether this company has really sent my H1B petition. Is there any way to find it out?
Regds,
Vani
No way, you will have to ask your employer
I paid the money to my company who has applied for my H1B. I am not too sure whom they will address the check to. They only sent me the Fedex tracking no. which tells that the application is received by USCIS, Vermont on April 7th.
I am fine if it is taking time but my only concern is whether this company has really sent my H1B petition. Is there any way to find it out?
Regds,
Vani
No way, you will have to ask your employer
more...
pandu_hawaldar
09-09 01:04 PM
looks like the website is created in July end. Contact address from FL. It seems to be associated wit telecall (a company, I don't know much..google). I found this by checking whois domain lookup...for this free india call thingy...just an fyi.....don't know how safe?
gapala
07-23 08:45 AM
Hi,
I don't have surname in my Passport my full name is given in " Given Names".
so while filling up the form (D-156 and D-157) for appointment I put NA in surname, so now my name in "Applicant Name" is myname followed by NA.
IS it ok ? or does it create any problems while I go for visa stamping/interview.
If I cannot put NA then what do I put in Surname column on D-156 and D-157.
Thanks
You meant to say NA for "not applicable" right? Others may not interpret Name followed by NA in the same way. This part of the world NA also stands for "North America" :)
This might cause issues in long run especially when you apply for GC or even extention of visa as the Name in the passport will not match the visa or even your records from school and university.
I don't have surname in my Passport my full name is given in " Given Names".
so while filling up the form (D-156 and D-157) for appointment I put NA in surname, so now my name in "Applicant Name" is myname followed by NA.
IS it ok ? or does it create any problems while I go for visa stamping/interview.
If I cannot put NA then what do I put in Surname column on D-156 and D-157.
Thanks
You meant to say NA for "not applicable" right? Others may not interpret Name followed by NA in the same way. This part of the world NA also stands for "North America" :)
This might cause issues in long run especially when you apply for GC or even extention of visa as the Name in the passport will not match the visa or even your records from school and university.
more...
varumo_varatho
11-08 10:43 AM
Speaking of my personal experience, Yes, you can get an emergency appointment as returning h1b's are eligible for such appointments. Just send an email directly to the consulate and request for emergency appointment stating that you have to return to your project. I have done it before
It is advisable to carry all the LCA's, just in case, though the VO might just look at the current one. I am sure you will be taking all the other docs required.
Best of luck
cheers !
It is advisable to carry all the LCA's, just in case, though the VO might just look at the current one. I am sure you will be taking all the other docs required.
Best of luck
cheers !
eb2_485_mess
08-29 06:36 PM
what is the date shown on the online status message?
Is it RD or ND. I think ND is later than RD right. I believe they show the ND but say your application was "received on". Is it right ?
Does the processing time on website go via RD or ND?
Is it RD or ND. I think ND is later than RD right. I believe they show the ND but say your application was "received on". Is it right ?
Does the processing time on website go via RD or ND?
more...
laksmi
12-03 08:02 PM
I am also in same boat, I was gathering information on the same and found different solutions.
1)To be on safer side you can transfer H1B and also invoke AC21 to the new employer, if the new employer is willing to support,
2)If H1B is not revoked by the old employer then Yes , you can work on EAD or H1B for the same old employer
3) since I140 is approved for more then 6 months, you are safe, he may not have options to revoke I140.
4)If you have validity of H1B stamping on your passport then no need of using AP as well to go in and out of country, even after using EAD.
please advice on the same, good questions synergy.
1)To be on safer side you can transfer H1B and also invoke AC21 to the new employer, if the new employer is willing to support,
2)If H1B is not revoked by the old employer then Yes , you can work on EAD or H1B for the same old employer
3) since I140 is approved for more then 6 months, you are safe, he may not have options to revoke I140.
4)If you have validity of H1B stamping on your passport then no need of using AP as well to go in and out of country, even after using EAD.
please advice on the same, good questions synergy.
anu_t
06-17 01:31 AM
I wanted to ask IV if there is anything we are doing for people like me.
After frustrated with the consultant company I joined a full time job. and now am 5'th year of H1B. The LC will be applied after 1 to 3 month(big company and there laws as you have to complete 1 year and then adv etc etc)
So If the bill passes I even can't apply for LC and so force to go back after 6 years.
Now as everybody is ready to file for 485 nobody cares about this CIR bill but me only.
Are there ANY people left like me?
After frustrated with the consultant company I joined a full time job. and now am 5'th year of H1B. The LC will be applied after 1 to 3 month(big company and there laws as you have to complete 1 year and then adv etc etc)
So If the bill passes I even can't apply for LC and so force to go back after 6 years.
Now as everybody is ready to file for 485 nobody cares about this CIR bill but me only.
Are there ANY people left like me?
more...
sam_hoosier
06-06 05:29 PM
Yes, you should be able to use AC21 to change employment (subject to the AC21 restrictions).
telekinesis
09-05 02:40 AM
No dissing the Pixel Stretch, ya'll betta recognize, my Splash would look even cr@pier without the pixel stretch!
more...
EkAurAaya
03-20 10:26 AM
if you are foreign national selling a house, 10 % of your sale price may be held in escrow account till you pay the taxes. This is the case in atleast some states. This is what your real estate lawyer might be referring to. The rest 10 % is released after you have shown proof that you have paid your taxes.
Thanks you pointed me in the right direction... very interesting its called FIRPTA
http://www.irs.gov/businesses/small/international/article/0,,id=105000,00.html
Anyone investing in Real estate should read this
Thanks you pointed me in the right direction... very interesting its called FIRPTA
http://www.irs.gov/businesses/small/international/article/0,,id=105000,00.html
Anyone investing in Real estate should read this
satyab7
05-03 08:49 PM
Interesting analysis , can any one be able to relate this to backlog centers, retrogression , priority dates ect.
Sree1965
05-22 04:48 PM
New filings will not effect to move the dates either you file on 1st or 30th. The Visa(GC) numbers will be deducted only after the approval of I-485. Any of these new filings will not be touched(Approved) for 4-5 months. USCIS has to consume the balance visas(GCs) before October 1st 2007.
If The Number of Visas > The number of Approved + To be approved(Mostly filed at least 4-5 months before) in the coming months.....then you can expect further movement from the State Department..
Ask(Pray) the USCIS(God) not to approve any 485's till June 15th....
So...the move movement is not depended even all of them file on the day 1....It depended on the Number of approvals .....Keep watching the approvals atleast till June 10th ...
Sree
I also think this is a good idea, 10 days will not make much difference. Please help other members people.... Who knows, if there are too many applications USCIS might decide to not move dates in the July Visa Bulletin.
If The Number of Visas > The number of Approved + To be approved(Mostly filed at least 4-5 months before) in the coming months.....then you can expect further movement from the State Department..
Ask(Pray) the USCIS(God) not to approve any 485's till June 15th....
So...the move movement is not depended even all of them file on the day 1....It depended on the Number of approvals .....Keep watching the approvals atleast till June 10th ...
Sree
I also think this is a good idea, 10 days will not make much difference. Please help other members people.... Who knows, if there are too many applications USCIS might decide to not move dates in the July Visa Bulletin.
eagerr2i
08-30 12:39 PM
Dear IV Members,
The IV members have been traveling to DC and other locations while they meet the policy makers, special interest groups and the lawmakers in Washington DC. We have a few core members who have spent thousands of dollars from their personal savings for travel purposes.
Since the core members have a preference to not draw money from the funds collected to date to be spent on travel, I am proposing that IV members donate their Frequent Flyer Airline Miles to IV. Typically, it requires about 25K miles to get a ticket in continental US and all the miles for a ticket should come from one account.
These airline miles would be used for the core members if and when needed. You need not transfer the miles at this time and only need to pledge. I will prepare a list of personnel who pledged and will contact you when your miles are needed. Miles on major carriers- American, United, Delta, Continental, Southwest etc..are welcome.
To kick start the pledge drive, I am donating 25,000 Airline Miles on American Airlines to IV.
Come on members..! and pledge in this novel pledge drive for Immigration Voice.
The IV members have been traveling to DC and other locations while they meet the policy makers, special interest groups and the lawmakers in Washington DC. We have a few core members who have spent thousands of dollars from their personal savings for travel purposes.
Since the core members have a preference to not draw money from the funds collected to date to be spent on travel, I am proposing that IV members donate their Frequent Flyer Airline Miles to IV. Typically, it requires about 25K miles to get a ticket in continental US and all the miles for a ticket should come from one account.
These airline miles would be used for the core members if and when needed. You need not transfer the miles at this time and only need to pledge. I will prepare a list of personnel who pledged and will contact you when your miles are needed. Miles on major carriers- American, United, Delta, Continental, Southwest etc..are welcome.
To kick start the pledge drive, I am donating 25,000 Airline Miles on American Airlines to IV.
Come on members..! and pledge in this novel pledge drive for Immigration Voice.
JSimmivoice
01-23 12:28 AM
Thks for the response, but what I read on other sites for e.g murthydot.com and some other site in the Internet it is used even for situations where one did not realised their I-94 has expired and thought its not an issue, also for example such as employer forgot to file and its not application mistake as he was not aware about employers miss and etc. So based on a approved LCA one can get H1 approved and even get the unauthorized employment convert it into a valid employment for any period (based on conditions). I'll do more research on this and update this thread.
Meanwhile anyone with any other opinion is welcome here. Thks all
Meanwhile anyone with any other opinion is welcome here. Thks all
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