smaram1
08-12 04:19 PM
Source:
http://www..com/discussion-forums/i485-1/172162219/
Posted by willcrack (74) 1 hour 51 minutes ago
OK...now guys, strictly speaking the memo does not say anything about "conditional" GC...in legal speak. Just that they could revoke it if the person is considered inadmissable after the Name Check results come back. "Conditional GC" per se has the support of the actual statute only for Married to citizen, EB5 investment GC's etc.
And now for those who feel that USCIS is not approving cases whose NC's are pending, I know 2 of my friends and I whose NC's were pending when the file was with the officer (and approved in a week) and in my case NC was pending even at 6:30pm eastern (when I called the second level IIO at the NCSC) the day before I got the CPO e-mail (next day at 9am).
I have also seen several cases where people have called/went to Infopass after they got the GC to find out whether the NC was cleared....and it was pending !
so this should throw away all apprehensions about the 180+ rule not being implemented out of the window...
http://www..com/discussion-forums/i485-1/172162219/
Posted by willcrack (74) 1 hour 51 minutes ago
OK...now guys, strictly speaking the memo does not say anything about "conditional" GC...in legal speak. Just that they could revoke it if the person is considered inadmissable after the Name Check results come back. "Conditional GC" per se has the support of the actual statute only for Married to citizen, EB5 investment GC's etc.
And now for those who feel that USCIS is not approving cases whose NC's are pending, I know 2 of my friends and I whose NC's were pending when the file was with the officer (and approved in a week) and in my case NC was pending even at 6:30pm eastern (when I called the second level IIO at the NCSC) the day before I got the CPO e-mail (next day at 9am).
I have also seen several cases where people have called/went to Infopass after they got the GC to find out whether the NC was cleared....and it was pending !
so this should throw away all apprehensions about the 180+ rule not being implemented out of the window...
agv
03-19 11:45 AM
I came in USA on H1 visa and continued in that status till 2008 (six years). Company A sponsored a green card for me in 2003 for a position different than the one on my H1B based on future employment opportunity/position. My I-140 was approved in early 2007 and after applying for my I-485, I got my EAD and AP in August 2007. However since I was working on H1B with another company at that time, which was valid till June 2008, I did not use my EAD and worked till my H1B lasted. As my H1B expired, my status while living in US as per my lawyer changed to AOS pending.
I took a couple of months off and visited India. Came back to US without a problem using my AP. Looked to start a business but did not succeed due to economic condition. I still maintained an honest intent to join the sponsoring employer when I get my GC and vice- versa with regard to the sponsoring employer. To earn living therefore, I joined another company for a couple months in a similar field using my EAD but did not use AC21 (as a full time primary job). That job did not last long and now I am again looking for employment opportunity.
I visited my lawyer recently with current situation and a few questions and he said I can be in deep trouble - being unemployed mostly since leaving my H1B status and having worked for another company for those few weeks in a job capacity that was a bit different than the one on my petition. He said I could be deported too if my luck is bad in this case. I request you to advise me whether what happened was really wrong and if I can correct it anyway? As corrective measure, my lawyer says that with immediate effect either I should join the green card sponsoring employer or find another employer with similar job offer (willing to port my Green card) - to avoid hard quuestions with USCIS. In this economy, nobody wants to take extra burden. But I spoke with my GC sponsor. He said the job is there for me like before and he is willing to write a letter of intent to hire me on permanent basis currently or in future if required to whosoever concerned but would prefer to wait a few months giving the crunch in business these days.
WHAT SHOULD I DO? Would the letter suffice the honest intent on both sides regarding the employment offer? Can I afford to take a little more time find a simmilar job? PLEASE SUGGEST.
I came in USA on H1 visa and continued in that status till 2008 (six years). Company A sponsored a green card for me in 2003 for a position different than the one on my H1B based on future employment opportunity/position. My I-140 was approved in early 2007 and after applying for my I-485, I got my EAD and AP in August 2007. However since I was working on H1B with another company at that time, which was valid till June 2008, I did not use my EAD and worked till my H1B lasted. As my H1B expired, my status while living in US as per my lawyer changed to AOS pending.
I took a couple of months off and visited India. Came back to US without a problem using my AP. Looked to start a business but did not succeed due to economic condition. I still maintained an honest intent to join the sponsoring employer when I get my GC and vice- versa with regard to the sponsoring employer. To earn living therefore, I joined another company for a couple months in a similar field using my EAD but did not use AC21 (as a full time primary job). That job did not last long and now I am again looking for employment opportunity.
I visited my lawyer recently with current situation and a few questions and he said I can be in deep trouble - being unemployed mostly since leaving my H1B status and having worked for another company for those few weeks in a job capacity that was a bit different than the one on my petition. He said I could be deported too if my luck is bad in this case. I request you to advise me whether what happened was really wrong and if I can correct it anyway? As corrective measure, my lawyer says that with immediate effect either I should join the green card sponsoring employer or find another employer with similar job offer (willing to port my Green card) - to avoid hard quuestions with USCIS. In this economy, nobody wants to take extra burden. But I spoke with my GC sponsor. He said the job is there for me like before and he is willing to write a letter of intent to hire me on permanent basis currently or in future if required to whosoever concerned but would prefer to wait a few months giving the crunch in business these days.
WHAT SHOULD I DO? Would the letter suffice the honest intent on both sides regarding the employment offer? Can I afford to take a little more time find a simmilar job? PLEASE SUGGEST.
I took a couple of months off and visited India. Came back to US without a problem using my AP. Looked to start a business but did not succeed due to economic condition. I still maintained an honest intent to join the sponsoring employer when I get my GC and vice- versa with regard to the sponsoring employer. To earn living therefore, I joined another company for a couple months in a similar field using my EAD but did not use AC21 (as a full time primary job). That job did not last long and now I am again looking for employment opportunity.
I visited my lawyer recently with current situation and a few questions and he said I can be in deep trouble - being unemployed mostly since leaving my H1B status and having worked for another company for those few weeks in a job capacity that was a bit different than the one on my petition. He said I could be deported too if my luck is bad in this case. I request you to advise me whether what happened was really wrong and if I can correct it anyway? As corrective measure, my lawyer says that with immediate effect either I should join the green card sponsoring employer or find another employer with similar job offer (willing to port my Green card) - to avoid hard quuestions with USCIS. In this economy, nobody wants to take extra burden. But I spoke with my GC sponsor. He said the job is there for me like before and he is willing to write a letter of intent to hire me on permanent basis currently or in future if required to whosoever concerned but would prefer to wait a few months giving the crunch in business these days.
WHAT SHOULD I DO? Would the letter suffice the honest intent on both sides regarding the employment offer? Can I afford to take a little more time find a simmilar job? PLEASE SUGGEST.
I came in USA on H1 visa and continued in that status till 2008 (six years). Company A sponsored a green card for me in 2003 for a position different than the one on my H1B based on future employment opportunity/position. My I-140 was approved in early 2007 and after applying for my I-485, I got my EAD and AP in August 2007. However since I was working on H1B with another company at that time, which was valid till June 2008, I did not use my EAD and worked till my H1B lasted. As my H1B expired, my status while living in US as per my lawyer changed to AOS pending.
I took a couple of months off and visited India. Came back to US without a problem using my AP. Looked to start a business but did not succeed due to economic condition. I still maintained an honest intent to join the sponsoring employer when I get my GC and vice- versa with regard to the sponsoring employer. To earn living therefore, I joined another company for a couple months in a similar field using my EAD but did not use AC21 (as a full time primary job). That job did not last long and now I am again looking for employment opportunity.
I visited my lawyer recently with current situation and a few questions and he said I can be in deep trouble - being unemployed mostly since leaving my H1B status and having worked for another company for those few weeks in a job capacity that was a bit different than the one on my petition. He said I could be deported too if my luck is bad in this case. I request you to advise me whether what happened was really wrong and if I can correct it anyway? As corrective measure, my lawyer says that with immediate effect either I should join the green card sponsoring employer or find another employer with similar job offer (willing to port my Green card) - to avoid hard quuestions with USCIS. In this economy, nobody wants to take extra burden. But I spoke with my GC sponsor. He said the job is there for me like before and he is willing to write a letter of intent to hire me on permanent basis currently or in future if required to whosoever concerned but would prefer to wait a few months giving the crunch in business these days.
WHAT SHOULD I DO? Would the letter suffice the honest intent on both sides regarding the employment offer? Can I afford to take a little more time find a simmilar job? PLEASE SUGGEST.
marcus12
01-26 05:17 PM
Hello Guys help me out
I have been in USA from last 3 years on student visa. I was first in 1 university and finished my Masters there and than moved to other university for 2nd master
Between the gap of transferring the school I started a small business online which went off good and is still going on. the beauty of business is that its everything online so it does not matter if I stay in USA or not.
Real problem is here: I just got engaged and getting married in June. So my wish is to bring my wife here for few months, show her around and than go back permanently.
University in which I am doing 2nd MS is not accredited and giving me hard time by saying that they will drop me off if I dont concentrate. Now I cannot go to school and attend classes because I have to handle the business.
Now I am thinking of leaving USA in April and leave the school too from between. These will give the end to student visa and the fees which I am paying every semester. Than I am thinking to apply back as a visitor visa in August which I will get for 10 years.
I dont want to stay here in USA just want to come from time to time as I like it here. My question is should I continue school and bring my wife on dependent visa or should I leave the school and apply for tourist visa again?
I see more changes in 2nd one because consulate can also understand that I didnt wanted to stay in USA even when my student visa was valid so why I will overstay on Tourist visa. Also I have good balance and good properties In India by my name. I am the only son to my parents
So I dont see any reason to get rejected?. But please give your suggestion
I have been in USA from last 3 years on student visa. I was first in 1 university and finished my Masters there and than moved to other university for 2nd master
Between the gap of transferring the school I started a small business online which went off good and is still going on. the beauty of business is that its everything online so it does not matter if I stay in USA or not.
Real problem is here: I just got engaged and getting married in June. So my wish is to bring my wife here for few months, show her around and than go back permanently.
University in which I am doing 2nd MS is not accredited and giving me hard time by saying that they will drop me off if I dont concentrate. Now I cannot go to school and attend classes because I have to handle the business.
Now I am thinking of leaving USA in April and leave the school too from between. These will give the end to student visa and the fees which I am paying every semester. Than I am thinking to apply back as a visitor visa in August which I will get for 10 years.
I dont want to stay here in USA just want to come from time to time as I like it here. My question is should I continue school and bring my wife on dependent visa or should I leave the school and apply for tourist visa again?
I see more changes in 2nd one because consulate can also understand that I didnt wanted to stay in USA even when my student visa was valid so why I will overstay on Tourist visa. Also I have good balance and good properties In India by my name. I am the only son to my parents
So I dont see any reason to get rejected?. But please give your suggestion
Ann Ruben
02-07 09:23 AM
Horscrop,
Yes, it is possible that USCIS would reject the extension because the PERM was not filed 365 days before the end of six years. However, a rejection on this basis is clearly contrary to both the language and intent of AC21, and I believe, could be successfully challenged on appeal.
Ann
PS-Am enjoying all the snow---so beautiful and peaceful.
Yes, it is possible that USCIS would reject the extension because the PERM was not filed 365 days before the end of six years. However, a rejection on this basis is clearly contrary to both the language and intent of AC21, and I believe, could be successfully challenged on appeal.
Ann
PS-Am enjoying all the snow---so beautiful and peaceful.
more...
cdeneo
03-27 12:50 PM
No real evidence but when I had looked into doing this for my parents this is what I found out -
You can apply for an extension - but would need to give a valid reason with proof along with a confirmed return air ticket for a later date. Some reasons that get accepted with the correct proof:
1. More travels planned within the US - provide itinerary with dates and reservations of where the travels are planned for. And a confirmed return ticket to India later on.
2. Medical - maybe a letter from the doctor may suffice but they would need to still have good explaination and this may not fly for a 6 month extension.
3. Marriage of a family member in the US with wedding invitation and a confirmed return ticket to India after the wedding has occured.
4. Any other valid reason with proof...
I had consulted an immigration attorney and he said that he could prep the paperwork for me - the form itself is very simple, you need to attach an explaination for why you are asking for an extension and this needs to be done properly.
Another thing the attorney told me was - USCIS had become more stringent than before on giving the extensions (not sure how stringent though as he said that one could get an extension with the right documentation provided). Also one needs to provide proof of funds to support your parents while they will be here - you can provide your bank statements, pay slips, etc for them...
Also the attorney had mentioned that if they did grant an extension one time - most likely they would not do this again in the future (once in a life time thing sort of deal). Best bet is to go back and save your extension for a later time when you would utmost need it.
Traveling out of the country and returning in one month used to happen a lot in past years - officers at POE have become more strict and may see that you were just here for 6 months and are back this quickly. The officer at POE would ask you the reason for a visit this quickly and may grant you a one month or a three month stay - completely in the hands of the officer at the POE (you may still get six months but it's all luck at this point).
Good luck with whatever you decide to do.
Hi Everyone,
I learnt recently that my parents have started showing early signs of Alzheimers. They have a 10 year multiple visa. For now I have them staying with me and their 1-94 date is coming up next month.
I wanted to know what options do i have and what would be the repurcursions.
1. extend thier stay. if so, whats the process.
2. let them fly back to India. stay for month and revisit for anothe 6 months. any catch or restriction on this.
Its just that they have no one in india to take care of them and people are cheating on them due to thier medical condition.
Your opinions and suggestions will be greatly appreciated.
Thanks
You can apply for an extension - but would need to give a valid reason with proof along with a confirmed return air ticket for a later date. Some reasons that get accepted with the correct proof:
1. More travels planned within the US - provide itinerary with dates and reservations of where the travels are planned for. And a confirmed return ticket to India later on.
2. Medical - maybe a letter from the doctor may suffice but they would need to still have good explaination and this may not fly for a 6 month extension.
3. Marriage of a family member in the US with wedding invitation and a confirmed return ticket to India after the wedding has occured.
4. Any other valid reason with proof...
I had consulted an immigration attorney and he said that he could prep the paperwork for me - the form itself is very simple, you need to attach an explaination for why you are asking for an extension and this needs to be done properly.
Another thing the attorney told me was - USCIS had become more stringent than before on giving the extensions (not sure how stringent though as he said that one could get an extension with the right documentation provided). Also one needs to provide proof of funds to support your parents while they will be here - you can provide your bank statements, pay slips, etc for them...
Also the attorney had mentioned that if they did grant an extension one time - most likely they would not do this again in the future (once in a life time thing sort of deal). Best bet is to go back and save your extension for a later time when you would utmost need it.
Traveling out of the country and returning in one month used to happen a lot in past years - officers at POE have become more strict and may see that you were just here for 6 months and are back this quickly. The officer at POE would ask you the reason for a visit this quickly and may grant you a one month or a three month stay - completely in the hands of the officer at the POE (you may still get six months but it's all luck at this point).
Good luck with whatever you decide to do.
Hi Everyone,
I learnt recently that my parents have started showing early signs of Alzheimers. They have a 10 year multiple visa. For now I have them staying with me and their 1-94 date is coming up next month.
I wanted to know what options do i have and what would be the repurcursions.
1. extend thier stay. if so, whats the process.
2. let them fly back to India. stay for month and revisit for anothe 6 months. any catch or restriction on this.
Its just that they have no one in india to take care of them and people are cheating on them due to thier medical condition.
Your opinions and suggestions will be greatly appreciated.
Thanks
bach007
08-21 10:10 PM
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
That's for NSC.
Although they have put Aug 16 as the date, I can swear it was NOT there on Aug 16th. Didn't they publish it just yesterday? Thats such a nice cheating!
That's for NSC.
Although they have put Aug 16 as the date, I can swear it was NOT there on Aug 16th. Didn't they publish it just yesterday? Thats such a nice cheating!
more...
rti25
11-14 11:40 AM
Hi,
Unfortunatly , i lost my wallet contains EAD.
problem is , how much fees should i pay for the replacement card.
we filed 485 on july 2007 visa bulletin no. 107
and we (mine was H4) got EAD on oct 2007. i have a scanned copy of it.
I am confused whether to pay 180$ as per july visa bulletin no. 107 or
have to pay the current fees 340$.
2. If i pay as per new feese, still do i get the same 1 year validity card.
please help me for this
i really appreciate you.
thank you.
Unfortunatly , i lost my wallet contains EAD.
problem is , how much fees should i pay for the replacement card.
we filed 485 on july 2007 visa bulletin no. 107
and we (mine was H4) got EAD on oct 2007. i have a scanned copy of it.
I am confused whether to pay 180$ as per july visa bulletin no. 107 or
have to pay the current fees 340$.
2. If i pay as per new feese, still do i get the same 1 year validity card.
please help me for this
i really appreciate you.
thank you.
fromnaija
11-17 03:07 PM
Hey Guys
I need your help on these issues. My labor certification was filed on October 25th 2006 and had it approved on 5th of November 2006.
Now my employer is ready to file the 1-140 together with 1-1485. My question is, I do not now whether my priority date is current for the filling of these forms.
Looking at the above filling date, can some one brief me on my likely priority date?
The other question is, even though my employer is taking the responsibilty of my filing process, I am paying all the expenses ( be it the Attorney fee as well as other additional fees are being borne by me).
When do you think will be appropriate for me to quit this job after my 1-140 and 1-1485 have been filed? Please advice me on this because my initially promised to pay for all the expenses but denied this after I have taken up the job.
Your priority date is the date your labor certification application was filed or the date you filed I-140 if your category does not require a labor certification.
So, in your case your PD is October 25, 2006. If you are EB1 or EB2 and not from India or China then I would say your priority date is current and you may file both I-140 and I-485 concurrently. Otherwise, you may file I-140 now and then file I-485 when your PD is current.
To find if your PD is current check the Visa Bulletin at http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
Using AC21 you may quit after your I-485 has been outstanding for more than 180 days. If you quit before then, you may have to restart your GC process.
***DISCLAIMER****
(I am not an attorney, please consult an immigration attorney or use advice at your own risk).
I need your help on these issues. My labor certification was filed on October 25th 2006 and had it approved on 5th of November 2006.
Now my employer is ready to file the 1-140 together with 1-1485. My question is, I do not now whether my priority date is current for the filling of these forms.
Looking at the above filling date, can some one brief me on my likely priority date?
The other question is, even though my employer is taking the responsibilty of my filing process, I am paying all the expenses ( be it the Attorney fee as well as other additional fees are being borne by me).
When do you think will be appropriate for me to quit this job after my 1-140 and 1-1485 have been filed? Please advice me on this because my initially promised to pay for all the expenses but denied this after I have taken up the job.
Your priority date is the date your labor certification application was filed or the date you filed I-140 if your category does not require a labor certification.
So, in your case your PD is October 25, 2006. If you are EB1 or EB2 and not from India or China then I would say your priority date is current and you may file both I-140 and I-485 concurrently. Otherwise, you may file I-140 now and then file I-485 when your PD is current.
To find if your PD is current check the Visa Bulletin at http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
Using AC21 you may quit after your I-485 has been outstanding for more than 180 days. If you quit before then, you may have to restart your GC process.
***DISCLAIMER****
(I am not an attorney, please consult an immigration attorney or use advice at your own risk).
more...
stuckinretro
10-03 12:18 PM
I received the same email for 131 waiting for the hardcopy.
Hi all,
I just got the below update from the USCIS website regarding my case.
Has anybody received this?.. What is the possible Evidence that they may be looking for?. Who receives such notice (Me or My lawyer)... Normally what response time would be given?... Please advise...
Current Status: We mailed you a notice requesting additional evidence.
we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.
Hi all,
I just got the below update from the USCIS website regarding my case.
Has anybody received this?.. What is the possible Evidence that they may be looking for?. Who receives such notice (Me or My lawyer)... Normally what response time would be given?... Please advise...
Current Status: We mailed you a notice requesting additional evidence.
we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.
kprgroup
02-01 11:30 AM
Replied RFE with copy of 485 receipt and copy MTR approval and got 3 years H1 extension until 2013.
Thanks Everyone
KPR
Thanks Everyone
KPR
more...
priderock
06-20 05:44 PM
its kinda interesting why there is no appointment available sooner. I am in florida and i heard frmo my attorney on Thursday.. and called 3 doctors Friday morning.. all three said come down right now. Finally went to one of them the same day in the afternoon.. he did some blood work.. gave me MMR and TD.. and did TB test. I want back today morning and got my all the reports.
As far as I know, we need to get only one blood work done.. doctor can test both HIV and Syph in the same one.
There are places (even though not remote) , you cant get appointments for weeks. There must be different reasons for that. I don't think any one answered the OP question:
What blood tests need to be done (apart from HIV and Siphyllis)?
As far as I know, we need to get only one blood work done.. doctor can test both HIV and Syph in the same one.
There are places (even though not remote) , you cant get appointments for weeks. There must be different reasons for that. I don't think any one answered the OP question:
What blood tests need to be done (apart from HIV and Siphyllis)?
masti_Gai
09-20 04:11 PM
the link wouldn't have helped ya
coz the link would also show the same date.
Regardless of i clickin on the emergency or the normal link i always got the same date :eek: :eek: :eek: :eek:
so decided not to travel:(
coz the link would also show the same date.
Regardless of i clickin on the emergency or the normal link i always got the same date :eek: :eek: :eek: :eek:
so decided not to travel:(
more...
desi3933
04-06 04:34 PM
Hi,
I signed an agreement with my employer who is holding my H1 visa. Agreement is saying I should not work for same client for 1 year. While I am on project, client is offering me pertinent job. My employer is saying I should not accept the employment offer from client. If I ignore my employer and accepts the offer from my client, I am going to be in trouble?
Thank you very much.
Regards,
Venkat.
You should consider getting professional advice from attorney who deals in employment and contact laws in your state.
Non-Competition and Non-Compete FAQs by My Employment Lawyer (http://www.myemploymentlawyer.com/non-compete-covenant-FAQs.htm)
_________________
Not a legal advice.
I signed an agreement with my employer who is holding my H1 visa. Agreement is saying I should not work for same client for 1 year. While I am on project, client is offering me pertinent job. My employer is saying I should not accept the employment offer from client. If I ignore my employer and accepts the offer from my client, I am going to be in trouble?
Thank you very much.
Regards,
Venkat.
You should consider getting professional advice from attorney who deals in employment and contact laws in your state.
Non-Competition and Non-Compete FAQs by My Employment Lawyer (http://www.myemploymentlawyer.com/non-compete-covenant-FAQs.htm)
_________________
Not a legal advice.
eadguru
12-01 07:29 PM
No FP yet
more...
jasmin45
08-10 10:24 PM
Dude,
Just don't even spend your time on this or any message board. Come to US ASAP and file before 17th August. You can add your wife later.
retrogression!... if dates does not move and your wife were not able to file 485 before they approve your AOS... she will be out of status the day your 485 gets approved if she were to stay in dependent status (H4).. she has 180 days from the date of your approval to file hers.. if that doesn;t happen.. then she will have to leave the country to avoid problems..
I would say file it together.. thats the best..
Just don't even spend your time on this or any message board. Come to US ASAP and file before 17th August. You can add your wife later.
retrogression!... if dates does not move and your wife were not able to file 485 before they approve your AOS... she will be out of status the day your 485 gets approved if she were to stay in dependent status (H4).. she has 180 days from the date of your approval to file hers.. if that doesn;t happen.. then she will have to leave the country to avoid problems..
I would say file it together.. thats the best..
gangadhargs
05-12 05:07 AM
I also have two I-485s pending. I contacted the attorneys about this and they said not to do anything with them. Let USCIS deny one of those when time comes. Sending any sort of communication to USCIS might cause more confusion than necessary. I hope that helps.
more...
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 ..
Steve Mitchell
March 3rd, 2004, 12:51 PM
Glad to see this happening. Critiquing and being critiqued are great ways to improve.