vxb2004
11-24 08:09 PM
Hello,
I joined company B in April and prior to that I was working for company A. Fragoman was company A's attorney. Through company A I had my labor certified, I-140 approved and my 485 was pending for more than 180 days and hence I was able to switch my job using AC21. My job was in the same and similar job classification. The AC21 documents were sent to USCIS in early April by company B's attorney.
Last week of October, I received my finger printing notice as part of my I-485 process. When I contacted company B's attorney, they never received any courtesy copy for my finger printing notice. Today I called up USCIS customer service to find out the attorney on record for my file. They mentioned that it was still company A's and the courtesy copy was sent to them. I mentioned to the officer that AC21 was filed which had the change in attorney information. She said that they do not have any records of it. She advised me to send a copy of the AC21 forms again along with the G28 documents.
My question is if company B's attorney send the AC21 documents, will USCIS question why the documents are being sent after 8 months of switching jobs?
Will this trigger an RFE?
Please advise.
I joined company B in April and prior to that I was working for company A. Fragoman was company A's attorney. Through company A I had my labor certified, I-140 approved and my 485 was pending for more than 180 days and hence I was able to switch my job using AC21. My job was in the same and similar job classification. The AC21 documents were sent to USCIS in early April by company B's attorney.
Last week of October, I received my finger printing notice as part of my I-485 process. When I contacted company B's attorney, they never received any courtesy copy for my finger printing notice. Today I called up USCIS customer service to find out the attorney on record for my file. They mentioned that it was still company A's and the courtesy copy was sent to them. I mentioned to the officer that AC21 was filed which had the change in attorney information. She said that they do not have any records of it. She advised me to send a copy of the AC21 forms again along with the G28 documents.
My question is if company B's attorney send the AC21 documents, will USCIS question why the documents are being sent after 8 months of switching jobs?
Will this trigger an RFE?
Please advise.
dan19
10-08 11:14 AM
Hi..
Sorry to hear about that. My opinion is that you are safe as long as your company doesn't withdraw/request to revoke you I-140.
>>>>>My questions are the following:
1. What is USCIS view when they see the new H1B transfer petition? Will they reject my I-485?
>> No. Because I-485 is filed for a future employment.
2. If I take a job with Company B, starting Nov 17, can I use AC21 and send in the letter after January 15 (180 days pending).
>> You don't have to sent any letters. Only thing you need to make sure is that you current company doesn't revoke your I-140 before Jan 15. If USCIS asks you for an updated employment letter before Jan 15, you will be in trouble (normally they wont do). If they ask after Jan 15, you can provide it from the new company.
3. Do I have any other options here (I dont have EAD yet, just applied last week)
Once you get EAD and Jan 15 comes, inform your new company that you are using EAD for AC21 purpose. From that time, they need to support your I-485.
Again, again, again...I am not an attorney. So consult an attorney before making any decisions.
Sorry to hear about that. My opinion is that you are safe as long as your company doesn't withdraw/request to revoke you I-140.
>>>>>My questions are the following:
1. What is USCIS view when they see the new H1B transfer petition? Will they reject my I-485?
>> No. Because I-485 is filed for a future employment.
2. If I take a job with Company B, starting Nov 17, can I use AC21 and send in the letter after January 15 (180 days pending).
>> You don't have to sent any letters. Only thing you need to make sure is that you current company doesn't revoke your I-140 before Jan 15. If USCIS asks you for an updated employment letter before Jan 15, you will be in trouble (normally they wont do). If they ask after Jan 15, you can provide it from the new company.
3. Do I have any other options here (I dont have EAD yet, just applied last week)
Once you get EAD and Jan 15 comes, inform your new company that you are using EAD for AC21 purpose. From that time, they need to support your I-485.
Again, again, again...I am not an attorney. So consult an attorney before making any decisions.
kanaihya
09-26 05:32 PM
I called the lady IO to get the RN but no luck ..90 days wait ..go to sleep mode ..
Slowhand
07-18 09:32 AM
See below:
Taken from www.immigration-law.com
07/18/2007: Reinstatement of Original July Visa Bulletin and Uncertain Impact on Pre-July "Tagged" EB-485 Applications and Processing Time of I-485 Applications in the Future
The other EB-485 waiters will turn out to be a big victim to the DOS/USCIS decision yesterday. Since there will be no visa numbers available until October 1, 2007, the people whose EB-485 applications were "not tagged" before July 1 will experience a tremendous delay in obtaining the green card. When it comes to the delays in obtaining the green card approvals, the new filers in July and those filers before August 17 will also witness a tremendous delays and will have to endure a long and long journey to leave the pipeline of the green card process. Why? As we reported quite earlier in this visa fiasco, we even estimated that approximately 750,000 individual EB-485 applications can be poured into the system during this unusual period of visa number availability as affected by the upcoming filing fee increases and more importantantly the anticipated potential huge visa number retrogression ahead during when they may not be able to file their 485 applications because of the retrogression. After all, the system has only 140,000 numbers for the entire EB categories for each year. Go figure! What would look like the waiting time for the current EB-485 filers and the current EB-485 filers before July 1, 2007!
Mr.Oh's opinion is flawed on many counts but most of all assuming what he says is correct, this delay will be/would have been the same either way. i.e the 750000 applicants will apply all at once or at regular intervals. The bright side is that spouses will get their EADs.
Mr.Oh also assumes that USCIS processing procedure and speed will not change.
It sounds like fluff reporting that popular media does. All fluff, no value.:D
Taken from www.immigration-law.com
07/18/2007: Reinstatement of Original July Visa Bulletin and Uncertain Impact on Pre-July "Tagged" EB-485 Applications and Processing Time of I-485 Applications in the Future
The other EB-485 waiters will turn out to be a big victim to the DOS/USCIS decision yesterday. Since there will be no visa numbers available until October 1, 2007, the people whose EB-485 applications were "not tagged" before July 1 will experience a tremendous delay in obtaining the green card. When it comes to the delays in obtaining the green card approvals, the new filers in July and those filers before August 17 will also witness a tremendous delays and will have to endure a long and long journey to leave the pipeline of the green card process. Why? As we reported quite earlier in this visa fiasco, we even estimated that approximately 750,000 individual EB-485 applications can be poured into the system during this unusual period of visa number availability as affected by the upcoming filing fee increases and more importantantly the anticipated potential huge visa number retrogression ahead during when they may not be able to file their 485 applications because of the retrogression. After all, the system has only 140,000 numbers for the entire EB categories for each year. Go figure! What would look like the waiting time for the current EB-485 filers and the current EB-485 filers before July 1, 2007!
Mr.Oh's opinion is flawed on many counts but most of all assuming what he says is correct, this delay will be/would have been the same either way. i.e the 750000 applicants will apply all at once or at regular intervals. The bright side is that spouses will get their EADs.
Mr.Oh also assumes that USCIS processing procedure and speed will not change.
It sounds like fluff reporting that popular media does. All fluff, no value.:D
more...
Milind123
07-27 04:20 PM
Your lawyer is correct. Until you get a negative response for your MTR you can work.
kisana
04-11 04:27 PM
Can any one who has used e-file , please advice for my last two questions.
more...
pd052009
04-14 11:51 AM
Considering,
- EB3-EB2 upgrade
- Slow VB date movement
- No FB spillover
- Growing economy (which will further reduce the spillover/across numbers further in coming years)
Have you ever wondered what are the options you have?
We know, we are stuck with H1. Some of our problems are
- Resumes are rejected as many(most) companies prefer Citizens/GC/EAD than H1.
- Many RFEs and question with H1 Extn.
- Getting visa stamp at consulates is a (mental) pain.
- Consider the time spent from vacation for getting visastamps.
- Problems at port of entry( So many questions). We don't know what is new in store when we comeback from vacation.
- Pain of planning for a short visit(week) for emergency issues/family functions.
- Hard time in finding a H1 sponsor for H4 dependants
We know for sure that we are not going to get GC now. We don't know the exact wait time. What is our interim relief? Have you ever wondered how an EAD and AP will help you in the current situation? Have you ever dreamt the return of summer of 2007?
If you think/believe that EAD+AP can bring positive change in your life, please join us. Show your support by voting in http://immigrationvoice.org/forum/forum14-members-forum/1599353-want-to-file-485-when-pd-is-not-current-gather-here.html
Lets gather in that thread for our relief.
- EB3-EB2 upgrade
- Slow VB date movement
- No FB spillover
- Growing economy (which will further reduce the spillover/across numbers further in coming years)
Have you ever wondered what are the options you have?
We know, we are stuck with H1. Some of our problems are
- Resumes are rejected as many(most) companies prefer Citizens/GC/EAD than H1.
- Many RFEs and question with H1 Extn.
- Getting visa stamp at consulates is a (mental) pain.
- Consider the time spent from vacation for getting visastamps.
- Problems at port of entry( So many questions). We don't know what is new in store when we comeback from vacation.
- Pain of planning for a short visit(week) for emergency issues/family functions.
- Hard time in finding a H1 sponsor for H4 dependants
We know for sure that we are not going to get GC now. We don't know the exact wait time. What is our interim relief? Have you ever wondered how an EAD and AP will help you in the current situation? Have you ever dreamt the return of summer of 2007?
If you think/believe that EAD+AP can bring positive change in your life, please join us. Show your support by voting in http://immigrationvoice.org/forum/forum14-members-forum/1599353-want-to-file-485-when-pd-is-not-current-gather-here.html
Lets gather in that thread for our relief.
mrdelhiite
01-10 01:47 PM
She can continue to work with the same employer on H1 without any issue. I did traveled back thrice using AP and renewed by H1 with the same employer twice without any issues. Though I have my H1 valid till 2010, it is invalid after my GC approval :(.
Thanks
Can you explain ur case in detail. the part "I did traveled back thrice using AP and renewed by H1 with the same employer twice without any issues." is interesting ... did u renew H1 by getting another stamp ... did u change companies on H1 after the AP travel ?
-M
Thanks
Can you explain ur case in detail. the part "I did traveled back thrice using AP and renewed by H1 with the same employer twice without any issues." is interesting ... did u renew H1 by getting another stamp ... did u change companies on H1 after the AP travel ?
-M
more...
vemulapallisk
07-29 03:17 PM
I am in the same boat and need to post the paper in the next couple of days. Can somenoe please help me. I would greatly appreciate your help.
My priority date is Oct 2005 and i applied for i485 (EB2) in July 2007. I am planning on filing i-485 for my wife as a dependant/derivative of my application on August 2, 2010. My i-140 is approved. My case is pending at Texas Service Center. According to the i485 instructions and USCIS website (both revised on 12/03/09), the application has to go to :
USCIS
Attn: AOS
2501 S. State Hwy, 121 Business
Suite 400
Lewisville, TX 75067
My lawyers office informed me that the address to post is:
4141 N. St. Augustine Road
Dallas, TX 75227
I couldnt find this Dallas, TX address on neither the i485 instructions form or the USCIS website. Can someone who filed recently (after 12/03/09) to Texas Service Center confirm the correct address please. It would be of great help since i need to file the papers in the next couple of days.
Thanks a lot in advance
My priority date is Oct 2005 and i applied for i485 (EB2) in July 2007. I am planning on filing i-485 for my wife as a dependant/derivative of my application on August 2, 2010. My i-140 is approved. My case is pending at Texas Service Center. According to the i485 instructions and USCIS website (both revised on 12/03/09), the application has to go to :
USCIS
Attn: AOS
2501 S. State Hwy, 121 Business
Suite 400
Lewisville, TX 75067
My lawyers office informed me that the address to post is:
4141 N. St. Augustine Road
Dallas, TX 75227
I couldnt find this Dallas, TX address on neither the i485 instructions form or the USCIS website. Can someone who filed recently (after 12/03/09) to Texas Service Center confirm the correct address please. It would be of great help since i need to file the papers in the next couple of days.
Thanks a lot in advance
Milind123
07-27 04:20 PM
Your lawyer is correct. Until you get a negative response for your MTR you can work.
more...
Devils_Advocate
03-12 10:36 PM
Congrats !, please do continue to contribute some of your time and effort to this site, your experience can help others still stuck in their misery
letstalklc
11-23 05:17 PM
I have used ICICI money2india 3 years back, but stopped using their serivice because they are not honest in terms of conversion rate always below SBI, so I have switched to SBI's global link services ( SBI Global Link Services - US (http://www.onlinesbi.com/glsus) ), it's really cool thing, rate is better and also they will not float the rate during the day time, just in the morning time, whatever rate you see, they will gives you that, I have verified many times, all the time it matched...I really liked......
more...
loudoggs
07-30 01:14 PM
Congrats!!!
I guess timing really matters......and you were at the right place at the right time....
I have got my case approved as well. I also received my GC cards. Thanks for all the info and Best of Luck,
I guess timing really matters......and you were at the right place at the right time....
I have got my case approved as well. I also received my GC cards. Thanks for all the info and Best of Luck,
chanduv23
03-28 07:42 PM
Until now, the student community and the OPT community felt that IVs goals were not in sync with them.
OPT is now being considered to be extended for 29 months. This is a big boost for students who want to pursue their American dream.
So, if you are a student or an OPT candidate, you are definitely benefitted by this move.
This is a call for all students/OPT to unite under IV umbrella. Please sign on this thread and pledge your support to IV. Spread the message among your community. Urge everyone to join IV. Start getting active on IV. Most of you are young talented folks from all over the world, and your talent and freshness will keep IV going strong.
So join IV now and join your State chapters. Spread the message among your friends.
OPT is now being considered to be extended for 29 months. This is a big boost for students who want to pursue their American dream.
So, if you are a student or an OPT candidate, you are definitely benefitted by this move.
This is a call for all students/OPT to unite under IV umbrella. Please sign on this thread and pledge your support to IV. Spread the message among your community. Urge everyone to join IV. Start getting active on IV. Most of you are young talented folks from all over the world, and your talent and freshness will keep IV going strong.
So join IV now and join your State chapters. Spread the message among your friends.
more...
USDream2Dust
07-27 01:20 PM
I am liking the answers. Also looks like my PD is sept 2006 and it would be a while before they approve my case. Meaning I can take off for couple of month go on vacation, come back, look for job, find a decent job and start working.
when in far future they approve me I need a letter from my new employer stating that I am working (not from original employer right?)
when in far future they approve me I need a letter from my new employer stating that I am working (not from original employer right?)
rajarao
09-11 11:06 AM
The trend here clearly shows- how bad is this broken LEGAL immigration system. NSC send only receipts, TSC sends EADs but no receipts. People with 2005 prioritry date get their GCs (some reported EB-2 cases from India that got GC in July, because prioroty dates were current), but the next month goes back to unavailable and then to Apr 04 (Sept visa bulletin) and then may go back to stone ages (some predict 2003- for October bulletin).
Isn't this time for fixing the system- legally?.. IV is doing its best- kudos to IV and hope the eyes of US govt open up. It should not be hit or miss and your fate should not be decided by lottery- there is whole different category for that.
Isn't this time for fixing the system- legally?.. IV is doing its best- kudos to IV and hope the eyes of US govt open up. It should not be hit or miss and your fate should not be decided by lottery- there is whole different category for that.
more...
aj1234567
12-21 12:40 PM
Hi-
Can any body please tell me how to start new thread in this forum..
Thanks
Aj
Can any body please tell me how to start new thread in this forum..
Thanks
Aj
chanduv23
10-09 11:57 AM
I initially volunteered to steer the Arizona chapter but my job schedule has changed so much and now involves a lot of in-country and overseas traveling. Would someone please lead this chapter? I will attend any of the chapter activities whenever I am in the country.
U are a very dedicated IV member. Do stay active as much as possible.
Someone, please help fromnaija build this chapter.
U are a very dedicated IV member. Do stay active as much as possible.
Someone, please help fromnaija build this chapter.
WAIT_FOR_EVER_GC
11-11 12:45 PM
ASK THE LAWYER FOR FREE int the NOV 11 FREE ATTORNEY CALL
I filled for H1 for my wife through a company. We received an RFE requesting for original degree certificates along with some other docs. My concern is do i need to send all the orginal certificates of her or just transcripts attested by registrar is fine. If i send originals how are they going to send me back. Please let me if anyone was in this scenario before. This is first time filling of the H1 Petition. I am including the original rfe text related to the certificates.
College/University Transcripts: Submit an original of the beneficiary's college/ university transcripts. Include all courses taken toward the degree.The transcripts must be signed and dated by the person in charge of the records. Additionally both sides of the sealed flap on the outside of the college of universitys envelope must be signed and dated by the person incharge of the records.
Original Documents: Provide the original degree and transcripts the beneficiary receive from Jawarlal Nehru Technological University. Do not send additional photocopies. Do not send an origianl document different than the one from which the photocopies were obtained.
I filled for H1 for my wife through a company. We received an RFE requesting for original degree certificates along with some other docs. My concern is do i need to send all the orginal certificates of her or just transcripts attested by registrar is fine. If i send originals how are they going to send me back. Please let me if anyone was in this scenario before. This is first time filling of the H1 Petition. I am including the original rfe text related to the certificates.
College/University Transcripts: Submit an original of the beneficiary's college/ university transcripts. Include all courses taken toward the degree.The transcripts must be signed and dated by the person in charge of the records. Additionally both sides of the sealed flap on the outside of the college of universitys envelope must be signed and dated by the person incharge of the records.
Original Documents: Provide the original degree and transcripts the beneficiary receive from Jawarlal Nehru Technological University. Do not send additional photocopies. Do not send an origianl document different than the one from which the photocopies were obtained.
sampath
05-26 11:29 AM
Thanks for the great work done by the IV Core Team, QGA and all Senators and their staff... For QGA, is there a specific person/address where we can send out thank you letters to ?
bluekayal
03-03 02:22 PM
It happened to me as well. I had a Labor stuck in Dallas and I continued doing a Schedule A application. I did a premium processing and mentioned that I had an approved labor from 2004 (that got approved during my Schedule A processing in 2006). The USCIS sent me an I-140 approval with the old 2004 PD.
Then I kept waiting. My lawyer was suspicious from the beginning. And yes, unfortunately the lawyer was right.
In 2008 after having seen no movement I got in touch with the Ombudsperson's office and requested review. The final result? They said it was a mistake on the part of USCIS and reset the the I-140 place to the correct PD - in my case August 2006.
And now because of the labor rule, so I lost the August 2004 PD as no I-140 was filed within 180 days of approval... The Schedule A I-140 just used the older PD...and later rescinded...
So I have no go...
But thankfully, at least I have a 2006 I-140.
In the meanwhile I've lost my job as well.
If anyone knows an editing job please get in touch!
Then I kept waiting. My lawyer was suspicious from the beginning. And yes, unfortunately the lawyer was right.
In 2008 after having seen no movement I got in touch with the Ombudsperson's office and requested review. The final result? They said it was a mistake on the part of USCIS and reset the the I-140 place to the correct PD - in my case August 2006.
And now because of the labor rule, so I lost the August 2004 PD as no I-140 was filed within 180 days of approval... The Schedule A I-140 just used the older PD...and later rescinded...
So I have no go...
But thankfully, at least I have a 2006 I-140.
In the meanwhile I've lost my job as well.
If anyone knows an editing job please get in touch!
