chanduv23
09-22 02:37 PM
My I485 is still pending (> 180 days filed on July27th '07). I have my renewed EAD valid for the next 2 years. I have been out of project for 4 months and my employer , who filed my GC, terminated my health coverage too. Iam using my COBRA option.
Recently, i have applied for a perm position using EAD . I explained to the client about by current status of GC. They wanted to know what they are supposed to do for it. I told them i need to 'invoke' a law called AC21.(pardon my ignorance if iam wrong) inorder to transfer my pending application.
Now the big question is, how do i initiate this whole process?
I really apreaciate all your suggestions.
Invoking AC21 is easy, but you need to know what you can expect and how to resolve it
(1) If you decided to change to new employer using EAD - there is nothing you need to do. Just join and work.
(2) As employer is asking what they need to do - tell them they need to provide an AC21 letter of support - you can find various formats on the web.
(3) Your new job must be in same or similar category.
(4) Call customer service to verify your address on file - also hire a personal attorney and make sure they file g 28 and have them on file too for USCIS communication
(5) Your AC21 letter may/may not reach your file depending on the service center, officer and a lot of other factors.
(6) Usually most AC21 cases go through just fine unless your ex employer requests a revoke on i 140 - in such a situation you may get an RFE, NOID or a straight denial on 485 - nothing to worry about - you can resolve all these and you will find yourself back on track.
Hope this helps
Recently, i have applied for a perm position using EAD . I explained to the client about by current status of GC. They wanted to know what they are supposed to do for it. I told them i need to 'invoke' a law called AC21.(pardon my ignorance if iam wrong) inorder to transfer my pending application.
Now the big question is, how do i initiate this whole process?
I really apreaciate all your suggestions.
Invoking AC21 is easy, but you need to know what you can expect and how to resolve it
(1) If you decided to change to new employer using EAD - there is nothing you need to do. Just join and work.
(2) As employer is asking what they need to do - tell them they need to provide an AC21 letter of support - you can find various formats on the web.
(3) Your new job must be in same or similar category.
(4) Call customer service to verify your address on file - also hire a personal attorney and make sure they file g 28 and have them on file too for USCIS communication
(5) Your AC21 letter may/may not reach your file depending on the service center, officer and a lot of other factors.
(6) Usually most AC21 cases go through just fine unless your ex employer requests a revoke on i 140 - in such a situation you may get an RFE, NOID or a straight denial on 485 - nothing to worry about - you can resolve all these and you will find yourself back on track.
Hope this helps
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sdrblr
08-27 11:30 AM
I say my chance is 88.25% of getting approved :). Don't ask me how I got this number. All that I know is optimism is free
I checked with some folks who have got GCs in the past and they mentioned that FP (2nd time ) is not needed.....unlike the minds of USCIS one's FP doesn't change over his lifetime...that said..if you apply renew EAD u can get FP notice....
But if 15 month rule of FP is correct then very few will get approved as very few have received 2nd FP notice....so I am not sure what is good or bad...we need to know if the folks who had got FP notice had recently renewed their EADs or not.
I am current next month but I rate my odds as 2/98 meaning 2% chance of getting clear.....taking into account RD/ND/transfer/FP all vagaries into account....even Indian monsoon is more predictable.
SoP
I checked with some folks who have got GCs in the past and they mentioned that FP (2nd time ) is not needed.....unlike the minds of USCIS one's FP doesn't change over his lifetime...that said..if you apply renew EAD u can get FP notice....
But if 15 month rule of FP is correct then very few will get approved as very few have received 2nd FP notice....so I am not sure what is good or bad...we need to know if the folks who had got FP notice had recently renewed their EADs or not.
I am current next month but I rate my odds as 2/98 meaning 2% chance of getting clear.....taking into account RD/ND/transfer/FP all vagaries into account....even Indian monsoon is more predictable.
SoP
waitforgc1
01-13 01:05 PM
Very good to see some movement in EB2 Category
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casinoroyale
06-20 09:21 AM
Gentlemen,
We have several sprinkled threads on AP Renewals so this is an effort to create a thread which can capture all AP Renewal Questions & Concerns.
To begin with, i have posted the following question in one of the other AP-threads but did not get much response. So lets beging with clarifying this issue - Gurus please give your 2 cents on this aspect.
Previoud Post begins here:
I just read this in the I-131 instructions, so if i hold a valid AP now and apply for renewal and go to India and enter back using the existing AP, does it mean my pending I-131 renewal will be abondoned? :eek:
http://www.uscis.gov/files/form/I-131instr.pdf (page 4)
If you travel before the advance parole document is issued, your application will be deemed abandoned if:
A) You depart from the United States; or
B) The person seeking advance parole attempts to enter the United States before a decision is made on the application.
Thanks.
We have several sprinkled threads on AP Renewals so this is an effort to create a thread which can capture all AP Renewal Questions & Concerns.
To begin with, i have posted the following question in one of the other AP-threads but did not get much response. So lets beging with clarifying this issue - Gurus please give your 2 cents on this aspect.
Previoud Post begins here:
I just read this in the I-131 instructions, so if i hold a valid AP now and apply for renewal and go to India and enter back using the existing AP, does it mean my pending I-131 renewal will be abondoned? :eek:
http://www.uscis.gov/files/form/I-131instr.pdf (page 4)
If you travel before the advance parole document is issued, your application will be deemed abandoned if:
A) You depart from the United States; or
B) The person seeking advance parole attempts to enter the United States before a decision is made on the application.
Thanks.
more...
cbpds
05-06 03:07 PM
I think u guys are getting anxious and thinking of such ways. u will need some determination to complete the MS besides ur regular work.......suppose if EB2 gets clogged suddenly next year, will u stop doing MS then?
I am also in the same boat. Could anybody suggest some good affordable online universities?
I am also in the same boat. Could anybody suggest some good affordable online universities?
getgreened2010
09-27 10:14 AM
Hi I am applying advance parole for the first time, I am a july 2007 485 filer but never really cared to apply AP. Now I am planning to go to India in december what are my chances of getting my AP approved before that. Below are my case details:
Service Center - Texas
Method of filing - efile
Filing date - 08/30/2010
Received date - 08/30/2010
Documents Sent - 09/3/2010
Documents Received- 09/5/2010
LUD - 09/13/2010
RFE if any - None
Approved / denial - None
Service Center - Texas
Method of filing - efile
Filing date - 08/30/2010
Received date - 08/30/2010
Documents Sent - 09/3/2010
Documents Received- 09/5/2010
LUD - 09/13/2010
RFE if any - None
Approved / denial - None
more...
getgreensoon1
04-20 11:45 AM
You are right -- 3 Year Bachelor + 3 year Master (in related field) is good to go. 3 Year Bachelor + 2 year Master is unlikely to sail through.
In this case, OP need to establish that his/her Masters is 3 years.
Looks like a few people at USCIS know that some kind of masters degree from india with a 3 years bachelors unrelated to ones profession cannot be used in place of US masters. Did not realize that USCIS has some people who know the rules and play by them. If all USCIS people who approve these cases know about this and if lawyers stop justifying that correspondence masters degree is equivalent of US masters, bogus initial eb2 applications as well as porting could be stopped.
Looks like policiticans are doing some work here.
In this case, OP need to establish that his/her Masters is 3 years.
Looks like a few people at USCIS know that some kind of masters degree from india with a 3 years bachelors unrelated to ones profession cannot be used in place of US masters. Did not realize that USCIS has some people who know the rules and play by them. If all USCIS people who approve these cases know about this and if lawyers stop justifying that correspondence masters degree is equivalent of US masters, bogus initial eb2 applications as well as porting could be stopped.
Looks like policiticans are doing some work here.
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jayz
06-28 11:19 PM
Is there anyone who got an appointment letter recently from Amercan Embassy, MUMBAI?
My interview is scheduled on 22nd Aug but not received letter yet.
Also could you share your EB type and PD? Are you here in the US or applying from India? Thanks for your help!
My interview is scheduled on 22nd Aug but not received letter yet.
Also could you share your EB type and PD? Are you here in the US or applying from India? Thanks for your help!
more...
mallu
06-15 08:26 PM
mallu
can i know what ur pd is plz and ur nationality, ur EB cateogry is, just to get a feelign on how long it takes.
India EB2 PD Nov.2002
can i know what ur pd is plz and ur nationality, ur EB cateogry is, just to get a feelign on how long it takes.
India EB2 PD Nov.2002
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singhsa3
10-12 04:46 PM
Are we meeting today?
more...
dilipb
06-23 04:19 PM
I filed my I485/EAD/AP on August 7, 2007. Does this mean that I do not have to pay any fee for EAD renewal now ?
The instructions say this -
Special Instructions :
If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.
Yes if u paid using the new HUGE fees, then u dont have to pay.
Thats the reason they increased the fees. So you have to pay only once.
As per my lawyer "DO AS WHAT THEY SAY IN INSTRUCTIONS" and always keep a copy of everything sent, including postage receipts, delivery confirmation etc.
The instructions say this -
Special Instructions :
If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.
Yes if u paid using the new HUGE fees, then u dont have to pay.
Thats the reason they increased the fees. So you have to pay only once.
As per my lawyer "DO AS WHAT THEY SAY IN INSTRUCTIONS" and always keep a copy of everything sent, including postage receipts, delivery confirmation etc.
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javadeveloper
01-15 11:29 AM
Could you please edit your post so that it does not take up 10 pages space of may be 10 -15 lines of information?
Thanks for rating.Realized & Edited at 12.20(while you are writing your post)
Thanks for rating.Realized & Edited at 12.20(while you are writing your post)
more...
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kowligi
07-23 02:29 PM
Hey Guys,
When applying for CP the consulate we can apply to...does it have to be only the one in your home country (American Embassy in Chennai) or can it be the one in the country of last residence.
I have studied and lived in Canada for 3 years before coming to US. I am wondering if i can choose American Embassy in Montreal as my consulate post (country of last residence) or is my option just the consulate post in country of birth
Any thoughts on this greatly appreciated!!!
When applying for CP the consulate we can apply to...does it have to be only the one in your home country (American Embassy in Chennai) or can it be the one in the country of last residence.
I have studied and lived in Canada for 3 years before coming to US. I am wondering if i can choose American Embassy in Montreal as my consulate post (country of last residence) or is my option just the consulate post in country of birth
Any thoughts on this greatly appreciated!!!
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villamonte6100
11-02 05:35 PM
Just to follow up on BKarnik's response. Eventually, all DMV will be on the same page. As I'v mentioned earlier, some dmv branch office here in colorado have no clue why the computer system was referring my friend to MVI and after my friend went to another branch, that's were they found out that this new procedure was implemented just in August 2006.
If it has not happened in some other states, that's good and I hope this procedure will succeed.
Remember, this has no exception even for citizens.
Again, this is so in Colorado.
If it has not happened in some other states, that's good and I hope this procedure will succeed.
Remember, this has no exception even for citizens.
Again, this is so in Colorado.
more...
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amitjoey
05-14 11:57 AM
Contributed $25 today 05/10/2007.
Receipt ID: 0700-7934-7609-1221
Thanks a lot, YES. Apart from the media initiative, we need the funds to pay our lobbyist. We can make this happen. Today and tommorrow are big days. Please contribute especially if you have never contributed.
Receipt ID: 0700-7934-7609-1221
Thanks a lot, YES. Apart from the media initiative, we need the funds to pay our lobbyist. We can make this happen. Today and tommorrow are big days. Please contribute especially if you have never contributed.
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bkarnik
11-06 01:14 PM
Friends:
What I have done below is present a couple of races that are interesting to follow tomorrow from the immigration perspective. This list is not all inclusive and only includes the House races that have been listed on the Cook Political Report (www.cookpolitical.com) as competitive. I went through the list and compared that with the representatives on the "House Immigration Reform Caucus" as chaired by Rep. Tom Tancredo. Here are the results:
The 10 following races are considered as toss-ups.
J.D.Hayworth AZ-05 LOST
Marilyn Musgrave CO-04 WON
Geoff Davis KY-04 WON
Gil Gutknecht MN-01 [/B]LOST[/B]
Charlie Bass NH-02 LOST
John Sweeney NY-20 LOST
Charles Taylor NC-11 LOST
Jean Scmidt OH-02 POSS.WIN
Thelma Drake VA-02 WON
Barbara Cubin WY-AL TOO CLOSE TO CALL, leads by 822 votes
The following 6 races are considered lean republican
Rick Renzi AZ-01 WON
John Doolittle CA-04 WON
Brian Bilbray CA-50 WON
Hefley (OPEN SEAT) CO-05 (WON by another GOP (Lamborn))
Otter ID-01 (WON by another GOP (Sali))
Randy Kuhl NY-29 WON
The following 5 races are considered likely republican
Ric Keller FL-08 WON
Bilirakis (OPEN SEAT) FL-09 (WON by the son, another GOP Bilirakis)
Jeb Bradley NH-01 LOST
Robin Hayes NC-08 (TOO CLOSE TO CALL, Hayes leads bu 468 votes)
Pat Tiberi OH-12 WON
The following one race is considered lean democratic
Bob Beauprez (OPEN SEAT) CO-07 WON by DEMOCRAT
Bottom line: The current house immigration caucus boasts 104 members. Of which, 4 will be gone come January 2007. From the remaining, IF all the tossups were to go democratic, the list would come down to 90 members.
I will update the thread with the final results Nov. 7th.
Nov. 7th update: As seen above, from the original 104, the list is now down to 95 members. With the House majority in the Democratic hands, this loss in the caucus is likely to be magnified since they are now the minority in the minority.
What I have done below is present a couple of races that are interesting to follow tomorrow from the immigration perspective. This list is not all inclusive and only includes the House races that have been listed on the Cook Political Report (www.cookpolitical.com) as competitive. I went through the list and compared that with the representatives on the "House Immigration Reform Caucus" as chaired by Rep. Tom Tancredo. Here are the results:
The 10 following races are considered as toss-ups.
J.D.Hayworth AZ-05 LOST
Marilyn Musgrave CO-04 WON
Geoff Davis KY-04 WON
Gil Gutknecht MN-01 [/B]LOST[/B]
Charlie Bass NH-02 LOST
John Sweeney NY-20 LOST
Charles Taylor NC-11 LOST
Jean Scmidt OH-02 POSS.WIN
Thelma Drake VA-02 WON
Barbara Cubin WY-AL TOO CLOSE TO CALL, leads by 822 votes
The following 6 races are considered lean republican
Rick Renzi AZ-01 WON
John Doolittle CA-04 WON
Brian Bilbray CA-50 WON
Hefley (OPEN SEAT) CO-05 (WON by another GOP (Lamborn))
Otter ID-01 (WON by another GOP (Sali))
Randy Kuhl NY-29 WON
The following 5 races are considered likely republican
Ric Keller FL-08 WON
Bilirakis (OPEN SEAT) FL-09 (WON by the son, another GOP Bilirakis)
Jeb Bradley NH-01 LOST
Robin Hayes NC-08 (TOO CLOSE TO CALL, Hayes leads bu 468 votes)
Pat Tiberi OH-12 WON
The following one race is considered lean democratic
Bob Beauprez (OPEN SEAT) CO-07 WON by DEMOCRAT
Bottom line: The current house immigration caucus boasts 104 members. Of which, 4 will be gone come January 2007. From the remaining, IF all the tossups were to go democratic, the list would come down to 90 members.
I will update the thread with the final results Nov. 7th.
Nov. 7th update: As seen above, from the original 104, the list is now down to 95 members. With the House majority in the Democratic hands, this loss in the caucus is likely to be magnified since they are now the minority in the minority.
more...
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GT7481
07-20 02:33 PM
Delivered July 2 @9:01am Fedex,
I spoke to a IO from Nebraska center ,they said my data is not in the system.She said no memo has been issued how to process the July 2nd cases,but they will process all the other cases according to VB 107.when i asked more she said she cannot give me any more information i asked her should i resubmit , she did not comment on that i was totally surprised when i asked her when the cheque will be cashed she said october, I again asked her and told her it is not for H1 b it is for I 485 again she said october.Did you any of you guys call the USCIS ??
I spoke to a IO from Nebraska center ,they said my data is not in the system.She said no memo has been issued how to process the July 2nd cases,but they will process all the other cases according to VB 107.when i asked more she said she cannot give me any more information i asked her should i resubmit , she did not comment on that i was totally surprised when i asked her when the cheque will be cashed she said october, I again asked her and told her it is not for H1 b it is for I 485 again she said october.Did you any of you guys call the USCIS ??
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s7911
06-24 03:56 PM
hi desi3933
my wife was out of status from mar 2006, her visa got approved on mar 2006. till mar 2006 she was on a valid f2 visa since i was then on a f1visa...i will try to catch hold of the employer...but i 'm not sure this will work out well..i want to know more about fresh visa stamping at chennai, india. i will give all my docs and i have been on valid status, while filing form ds 156 in the visa type column, i will have to mention her visa types, however they are not asking details or duration of the visa types...., i do not want to lie abt it. i want to know if they would ask her paystubs to prove her status here..this is my question,anybody has any Experience regarding the stamping please share...anybody who knows a nice immigration lawyer, please let me know, you can email me at s_7911@yahoo.com
thanx
my wife was out of status from mar 2006, her visa got approved on mar 2006. till mar 2006 she was on a valid f2 visa since i was then on a f1visa...i will try to catch hold of the employer...but i 'm not sure this will work out well..i want to know more about fresh visa stamping at chennai, india. i will give all my docs and i have been on valid status, while filing form ds 156 in the visa type column, i will have to mention her visa types, however they are not asking details or duration of the visa types...., i do not want to lie abt it. i want to know if they would ask her paystubs to prove her status here..this is my question,anybody has any Experience regarding the stamping please share...anybody who knows a nice immigration lawyer, please let me know, you can email me at s_7911@yahoo.com
thanx
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anai
04-03 10:16 AM
I am suprprised if IV is working towards abiltiy to file 485 and hard country limit...Just want to know how IV is working towards these 2 items...
If any of these two wont show out in coming bill,..then I would say goodbye to IV..because all other items in bill were there without IV;s interaction....
Can somebody calrify if these options will anyway include in this bill..by means of ammendements...
This is like someone in Sri Lanka saying that "if I don't get a blanket within 12 hours of the Tsunami, I will quit the Red Cross."
How about thinking, "if these items don't show up in the coming bill, I will become a more active member and work towards getting these items to show up at the next opportunity"?
It is probably not a good idea to treat our voluntary organization as if it were our butler. We're all part of this; we didn't "hire" IV to do this job for us.
If any of these two wont show out in coming bill,..then I would say goodbye to IV..because all other items in bill were there without IV;s interaction....
Can somebody calrify if these options will anyway include in this bill..by means of ammendements...
This is like someone in Sri Lanka saying that "if I don't get a blanket within 12 hours of the Tsunami, I will quit the Red Cross."
How about thinking, "if these items don't show up in the coming bill, I will become a more active member and work towards getting these items to show up at the next opportunity"?
It is probably not a good idea to treat our voluntary organization as if it were our butler. We're all part of this; we didn't "hire" IV to do this job for us.
gcnotfiledyet
02-24 06:47 PM
i was thinking...
500000 legal immigrants, even if u assume 4 per family , ONLY 125000 houses can be sold...(even if 50% qualify for a loan.. thats just 62500 houses sold.. last i read..there were millions of homes for sale)
if the average cost of the house is 250000, thats additional 31.25 Billion $ in credit borrowing... where is the money?
Average cost of house nowadays is 200k.
500000 legal immigrants, even if u assume 4 per family , ONLY 125000 houses can be sold...(even if 50% qualify for a loan.. thats just 62500 houses sold.. last i read..there were millions of homes for sale)
if the average cost of the house is 250000, thats additional 31.25 Billion $ in credit borrowing... where is the money?
Average cost of house nowadays is 200k.
ivdude
10-02 04:28 PM
looivy,
I agree we should write to Indian Ambassador about this idiotic policy, also we should send out to media.
Thanks for the template
I agree we should write to Indian Ambassador about this idiotic policy, also we should send out to media.
Thanks for the template
