permfiling
08-13 05:47 PM
permfiling,
A lot folks want to use AC21 but lawyers suggest not actually filing AC21.
So if I take the AC21 approach, but not file AC21 itself (I know this sounds a bit off kilter) wouldn't I be just fine (assuming of course job profiles from Company A & B are a comparable)?
I believe this is the tack Company B lawyer is suggesting.
Here's something I read on another lawyers website w.r.t. AC21:
1. Since GC is for future job you can use AC21 with a new employer if job profile is same. You do not ever, in past/present or future, have to work for the sponsor company.
2. AC21 notification to USCIS is not a MUST requirement. There is an 'expectation' that USCIS will be informed.
Thanks,
I think you can give a shot as USCIS officer will be smart enough to deduce in the first place that the previous I-140 was not withdrawn
2. Title indicates same job
3. Since they have access to all the H1-b filings and PERM, Officer can easily look up your info,
I think you can go ahead and file the 485 but dont explicitly mention AC21.
I hope we all in the same boat should try out and see ..
A lot folks want to use AC21 but lawyers suggest not actually filing AC21.
So if I take the AC21 approach, but not file AC21 itself (I know this sounds a bit off kilter) wouldn't I be just fine (assuming of course job profiles from Company A & B are a comparable)?
I believe this is the tack Company B lawyer is suggesting.
Here's something I read on another lawyers website w.r.t. AC21:
1. Since GC is for future job you can use AC21 with a new employer if job profile is same. You do not ever, in past/present or future, have to work for the sponsor company.
2. AC21 notification to USCIS is not a MUST requirement. There is an 'expectation' that USCIS will be informed.
Thanks,
I think you can give a shot as USCIS officer will be smart enough to deduce in the first place that the previous I-140 was not withdrawn
2. Title indicates same job
3. Since they have access to all the H1-b filings and PERM, Officer can easily look up your info,
I think you can go ahead and file the 485 but dont explicitly mention AC21.
I hope we all in the same boat should try out and see ..
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chacha
03-05 02:33 PM
I'm assuming you are Indian like most of us on this site. remember THIS country would be in big trouble with Indians working in all kinds of institutions working in the sciences and IT. The whole country would go down the pan. I work for an IT recruitment firm, 80% of our employees that are out on assignment are Indian and i think the govenment knows that..
lostinbeta
11-17 04:24 PM
I am going to wait til maybe monday or tuesday, I just wanted to bump this thread up in the new posts list.
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dhesha
04-18 06:32 PM
Nice talking to you, and thanks much for your guidance, help, and time Chandu. The short phone conversation with you was quite informative and helpful. Thanks to IV for your initiatives to help the members who are in trouble with immigration matters.
Thanks.
Many of us can run into these situations since we all have a long long way to go for our GCs, it will be helpful if this great secret information can be put in here so that all of us already know what to do when we hit this issue.
Thanks.
Many of us can run into these situations since we all have a long long way to go for our GCs, it will be helpful if this great secret information can be put in here so that all of us already know what to do when we hit this issue.
more...
Roger Binny
07-17 01:36 AM
Uff..dude your thread raised lot of curiosity.
Anyways, sounds like happy ending for now, thanks to USCIS for the MTR and the traffic it generated towards this thread.
Wish you good luck and i hope in few months we will get a better USCIS website.
Anyways, sounds like happy ending for now, thanks to USCIS for the MTR and the traffic it generated towards this thread.
Wish you good luck and i hope in few months we will get a better USCIS website.
vikki76
09-19 03:00 AM
I am planning to book tickets for my parents travelling from India to US and returning back to India after 2 months. I have some questions:
1) Is it necessary to book tickets in India?
2) If not, Can I book tickets through orbitz or expedia in the US and send them the e-tickets?
Please reply with your experiences.
Thanks in advance!
you can book from expedia/orbitz. We recently booked on American Airlines for parents.
1) Is it necessary to book tickets in India?
2) If not, Can I book tickets through orbitz or expedia in the US and send them the e-tickets?
Please reply with your experiences.
Thanks in advance!
you can book from expedia/orbitz. We recently booked on American Airlines for parents.
more...
little_willy
10-04 01:20 PM
Thanks for the link
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thomachan72
10-29 04:05 PM
NRE accounts--> interest earned is not taxable in India but has to be reported in your 1040 here.
NRO accuont--> earns very high interest rates (was 11%) just a few months ago. There will be TDS but you can file an income tax return and claim the amount that they deducted above what you would be taxed.
For eg:- if your total interest earned is 100,000 they would withhold upto 30% of it (may be lesser depending upon your situation). When you file your returns your total income is only 100,000 which is below the taxable limits and therefor you will be returned all that was witheld. Only those with interests >180,000 per anum will really lose money.
Some people split accounts and try to hide interest income. This is not advisable if you ever want to repatriate the interest income. Once you have payed required taxes on the interest you can repatriate any amount of interest income to the US. Many people use this as a source of regular income.
NRO accuont--> earns very high interest rates (was 11%) just a few months ago. There will be TDS but you can file an income tax return and claim the amount that they deducted above what you would be taxed.
For eg:- if your total interest earned is 100,000 they would withhold upto 30% of it (may be lesser depending upon your situation). When you file your returns your total income is only 100,000 which is below the taxable limits and therefor you will be returned all that was witheld. Only those with interests >180,000 per anum will really lose money.
Some people split accounts and try to hide interest income. This is not advisable if you ever want to repatriate the interest income. Once you have payed required taxes on the interest you can repatriate any amount of interest income to the US. Many people use this as a source of regular income.
more...
BMS1
09-25 12:39 PM
I had a similar issue for my son (I attached the check and it appeared that they lost the check) and it can be re-submitted again as long as the receipt date stamped on the rejected application is before retrogression which must be the case for you. But you need to wait for the rejected App.
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$eeGrEeN
08-02 01:38 PM
Can you please explain further - what you mean by "So, the person intended to cash it cannot. " Does it mean that if you make a request to track the MO thru' PO then USCIS will not be able to encash it.
Your's is thru' a Bank . My response was regarding a MO thru' USPS.
I guess that is what the person intended to ask >>>
"I sent money orders for 485. is there a way to track if money orders were cashed by USCIS..the money already left my bank once the money order was issued by my bank"
Your's is thru' a Bank . My response was regarding a MO thru' USPS.
I guess that is what the person intended to ask >>>
"I sent money orders for 485. is there a way to track if money orders were cashed by USCIS..the money already left my bank once the money order was issued by my bank"
more...
dealsnet
02-13 12:43 PM
First thing to do is to correct the I-94. You can go to any International airport and do it.
You need to show the documents.
I appreciate the input above. I am getting ready to apply for her AP now held off for all these months. The change between then and now is she has gained an extension for H4 status for the next 3 years. With this change will her class of admission on AP application be H4-B or something else? If something else then will it be LPR or AP in the Class of Admission field on the form? She does not have a valid H4 visa just an extension of H4 for 3 more years based on my H1 extension and has not left the country since the last time when the CBP mistakenly assumed that she is a resident. Your help will be appreciated.
You need to show the documents.
I appreciate the input above. I am getting ready to apply for her AP now held off for all these months. The change between then and now is she has gained an extension for H4 status for the next 3 years. With this change will her class of admission on AP application be H4-B or something else? If something else then will it be LPR or AP in the Class of Admission field on the form? She does not have a valid H4 visa just an extension of H4 for 3 more years based on my H1 extension and has not left the country since the last time when the CBP mistakenly assumed that she is a resident. Your help will be appreciated.
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nat23
03-09 02:06 PM
Hi nat23,
Thank you very much for your reply.
Currently i am not enrolled into any company benefits like Health Insurnace etc as i have those benefits from my spose company.
This company said that they are paying thier attorney firm 5200$ for H1b and i am not paying anything.
For this 5 months, i will be H4 and will not get paied by this company.
Question is:
1. Can the company now apply and pay for H1b for Oct 1st start date and then later can they tell me not to hire me anymore?
If the company wants they can do it. Nothing can stop them from doing. However, its common sense they wouldnt unless they have a very compelling reason as they are spending 5 grand on it.
2. Can mutiple employers file for h1B with same start date of Oct 1st?
If yes, then i would start looking for other jobs as my backup H1b jobs.
From what I know the answer is Yes. However, I would recommend you talk to someone else about it as well.
Please advise. Much appreciated - thanks
Hope this helps. I wouldnt be worried too much if they are sponsoring my H1.
Thank you very much for your reply.
Currently i am not enrolled into any company benefits like Health Insurnace etc as i have those benefits from my spose company.
This company said that they are paying thier attorney firm 5200$ for H1b and i am not paying anything.
For this 5 months, i will be H4 and will not get paied by this company.
Question is:
1. Can the company now apply and pay for H1b for Oct 1st start date and then later can they tell me not to hire me anymore?
If the company wants they can do it. Nothing can stop them from doing. However, its common sense they wouldnt unless they have a very compelling reason as they are spending 5 grand on it.
2. Can mutiple employers file for h1B with same start date of Oct 1st?
If yes, then i would start looking for other jobs as my backup H1b jobs.
From what I know the answer is Yes. However, I would recommend you talk to someone else about it as well.
Please advise. Much appreciated - thanks
Hope this helps. I wouldnt be worried too much if they are sponsoring my H1.
more...
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sdudeja
01-31 04:42 PM
I am just waiting and watching what comes next. My only thing is if it was for the FP notice, it was mailed about 20 days before the date when it says 'document mailed' for the final stage. You are right for no one knows what they are going to do with your case. Lets seeeeeee.:rolleyes:
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willigetagc
08-09 05:51 PM
then why is'nt NSC approving 2006 cases at the rate at which TSC is?
Its not just what year petitions are getting approvals, the two service centers are taking different approaches. That makes a mockery of the visa bulletin. Its almost NSC giving the middle finger to DOS saying, we dont care where you move dates, we'll approve whatever petitions we wnat, at whatever rate we want.
Don't you know? they hate each other. If TSC does somethin NSC will do the opposite. That makes for nice coffee room gossip...
All these folks have only one finger - the middle one... And that leads to a lot of miscommunications even if unintended!!! :D
Its not just what year petitions are getting approvals, the two service centers are taking different approaches. That makes a mockery of the visa bulletin. Its almost NSC giving the middle finger to DOS saying, we dont care where you move dates, we'll approve whatever petitions we wnat, at whatever rate we want.
Don't you know? they hate each other. If TSC does somethin NSC will do the opposite. That makes for nice coffee room gossip...
All these folks have only one finger - the middle one... And that leads to a lot of miscommunications even if unintended!!! :D
more...
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gaz
04-23 09:33 AM
why not just a tracker? its something that will be needed until the gc is approved - and is a recurring question. the tracker could also provide stats about current approval rate etc.
I think we need to start one more thread to get responses from people who's H1b extension is being denied in last two months and what were the reasons behind it. This will help to get a clear picture of whats happening.
I think we need to start one more thread to get responses from people who's H1b extension is being denied in last two months and what were the reasons behind it. This will help to get a clear picture of whats happening.
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Beemar
12-13 01:22 AM
Without you we would have never known this breaking news.
The U.S. Department of State (DOS) Visa Bulletin for January 2008 contains more bad news for Indian nationals in the EB2 category. The cutoff date for EB2, India, retrogressed by two additional years, to January 1, 2000. Moreover, the prediction contained in the Visa Bulletin for EB2, India, is that the annual limit could be reached within the next few months. If this occurs, the category will become "unavailable" for the remainder of the fiscal year.
The explanation for this is simply that demand for visa numbers by the USCIS for EB2, India, adjustment-of-status cases far exceeds supply
EB3 cutoff dates either remained unchanged or moved slightly forward, depending upon country of chargeability. The January Visa Bulletin cutoff dates become effective on January 1, 2008. Until that time, the December 2007 Visa Bulletin cutoff dates remain valid.
thanks
ram
The U.S. Department of State (DOS) Visa Bulletin for January 2008 contains more bad news for Indian nationals in the EB2 category. The cutoff date for EB2, India, retrogressed by two additional years, to January 1, 2000. Moreover, the prediction contained in the Visa Bulletin for EB2, India, is that the annual limit could be reached within the next few months. If this occurs, the category will become "unavailable" for the remainder of the fiscal year.
The explanation for this is simply that demand for visa numbers by the USCIS for EB2, India, adjustment-of-status cases far exceeds supply
EB3 cutoff dates either remained unchanged or moved slightly forward, depending upon country of chargeability. The January Visa Bulletin cutoff dates become effective on January 1, 2008. Until that time, the December 2007 Visa Bulletin cutoff dates remain valid.
thanks
ram
more...
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rolrblade
06-26 08:44 AM
Although you dont realize, in this case, you would be using AC21....Your I-140 is approved and I-485 pending for 180 days, and you are moving from your original GC sponsor to a different employer. That is AC21 for you! The part of law that allows you to port your GC from original GC sponsor to a different employer.
Think of this scenario. You work for Company A on H1/L1. Company B sponsors your GC. You join B after you get your GC. In this case, there is no Ac21 involved. But in your case, according to my understanding, you would be invoking AC21.
Thanks!
I completely agree with gcisadawg. Technically you are invoking AC21 if after your GC is approved, you do not work for the petitioning employer. Also curious, as to why you wouldnt want to send in a letter for AC21, unless your job duties are not "Same or similar", in which case you run a bigger risk.
Think of this scenario. You work for Company A on H1/L1. Company B sponsors your GC. You join B after you get your GC. In this case, there is no Ac21 involved. But in your case, according to my understanding, you would be invoking AC21.
Thanks!
I completely agree with gcisadawg. Technically you are invoking AC21 if after your GC is approved, you do not work for the petitioning employer. Also curious, as to why you wouldnt want to send in a letter for AC21, unless your job duties are not "Same or similar", in which case you run a bigger risk.
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geevikram
09-13 10:33 AM
You probably know the answer already, but still...
NADA
NADA
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ksrk
01-07 08:37 AM
Hi,
I and my wife got AP's issued on Feb 4th 2008 with Validity till Feb 03 2008. We went to India and I returned on March 23rd and my Wife on April 20th, so at the port of entry we entered thru AP. On I-94 and AP officer stamped "Paroled till March 22 2009" for me and "Paroled till April 19th 2009" to my wife.
Now my question is: my wife wants to visit India soon in Feb 1st week and return before April 1st week, does she need to apply for a new AP or can she use the existing AP at the POE? Would there be any issues? Please suggest.
Also, In case if she stays for long, can I apply for a new AP for her when she is in India?
Thanks in Advance.
AJ
Think of AP as a visa (like the H1B) - it is only a document that allows you to "apply" for permission to the US at the POE. The date that your wife returns, the AP should be valid. If her return is in April, her current AP would have expired and she won't be able to use that document to the enter the US.
And the applicant needs to be in the US when the AP extension is filed. If that is the document your wife is relying on to return to the US (meaning she doesn't have a valid H or L visa stamp in her passport) she needs to get that in hand BEFORE she leaves for India - hence the term "Advance" Parole.
Now, if she has an H or L visa in her passport that is valid beyond her return date, then she won't have any trouble returning to the US.
murthy.com has a good article on this exact point this week...check that out too for further clarification.
I and my wife got AP's issued on Feb 4th 2008 with Validity till Feb 03 2008. We went to India and I returned on March 23rd and my Wife on April 20th, so at the port of entry we entered thru AP. On I-94 and AP officer stamped "Paroled till March 22 2009" for me and "Paroled till April 19th 2009" to my wife.
Now my question is: my wife wants to visit India soon in Feb 1st week and return before April 1st week, does she need to apply for a new AP or can she use the existing AP at the POE? Would there be any issues? Please suggest.
Also, In case if she stays for long, can I apply for a new AP for her when she is in India?
Thanks in Advance.
AJ
Think of AP as a visa (like the H1B) - it is only a document that allows you to "apply" for permission to the US at the POE. The date that your wife returns, the AP should be valid. If her return is in April, her current AP would have expired and she won't be able to use that document to the enter the US.
And the applicant needs to be in the US when the AP extension is filed. If that is the document your wife is relying on to return to the US (meaning she doesn't have a valid H or L visa stamp in her passport) she needs to get that in hand BEFORE she leaves for India - hence the term "Advance" Parole.
Now, if she has an H or L visa in her passport that is valid beyond her return date, then she won't have any trouble returning to the US.
murthy.com has a good article on this exact point this week...check that out too for further clarification.
JunRN
12-17 06:25 PM
Please state your case such as PD, I-140 approval, previous visas such as H1, F1, etc before we can comment.
diqingshen
04-09 10:23 AM
We must think about what we do after CIR fails.
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