GreenCard4US
08-21 10:53 PM
The RFE is not unusual, they are sending RFE's on all pending I-485 applications in an attempt to pre-process the applications and have them ready before the priority date becomes available.
Even though the beneficiary does not have to be working for the GC sponsoring company and the offer of employment can be a future offer, i always advice my clients to work for the sponsoring employer, if possible, otherwise the USCIS might raise the issue of the validity of the job offer, they have done this in the past. I also always advice clients to do AC-21 whenever they can, rather than depend on future employment.
It is difficult to predict what the Officers decision will be and what factors he will look at, and your attorney is not wrong in his response, however if you were my client i would advice you to use AC-21. The USCIS has not indicated that AC-21 has to be invoked as soon as you join the new employer, no deadline for invoking AC-21. However, you should have a GC sponsor at all times to keep your GC alive. In your case, company A was your sponsor until the time that company C has agreed to be your sponsor and invoke AC-21.
It is also good to invoke AC-21 because at the time of filing for citizenship they will see if you worked for your sponsoring employer for at least 6 months after getting the GC and if you did not, they will ask why dint you.
Further Questions:
Can I invoke AC21 now when an RFE is pending? Also, since I had already joined company C when I applied for 485, can I still invoke AC21. Do I reply to the RFE first and then invoke AC 21 or as part of RFE can I invoke AC21? Thanks again.
The dates in the first couple of sentences are all messed up ( came to US through Company A in June 2007 and was with them until Dec 2006...........I joined Company B in Jan of 2007(change of H1) and was with them until April of 2007. )
It would help to answer if you can correct the dates.
Even though the beneficiary does not have to be working for the GC sponsoring company and the offer of employment can be a future offer, i always advice my clients to work for the sponsoring employer, if possible, otherwise the USCIS might raise the issue of the validity of the job offer, they have done this in the past. I also always advice clients to do AC-21 whenever they can, rather than depend on future employment.
It is difficult to predict what the Officers decision will be and what factors he will look at, and your attorney is not wrong in his response, however if you were my client i would advice you to use AC-21. The USCIS has not indicated that AC-21 has to be invoked as soon as you join the new employer, no deadline for invoking AC-21. However, you should have a GC sponsor at all times to keep your GC alive. In your case, company A was your sponsor until the time that company C has agreed to be your sponsor and invoke AC-21.
It is also good to invoke AC-21 because at the time of filing for citizenship they will see if you worked for your sponsoring employer for at least 6 months after getting the GC and if you did not, they will ask why dint you.
Further Questions:
Can I invoke AC21 now when an RFE is pending? Also, since I had already joined company C when I applied for 485, can I still invoke AC21. Do I reply to the RFE first and then invoke AC 21 or as part of RFE can I invoke AC21? Thanks again.
The dates in the first couple of sentences are all messed up ( came to US through Company A in June 2007 and was with them until Dec 2006...........I joined Company B in Jan of 2007(change of H1) and was with them until April of 2007. )
It would help to answer if you can correct the dates.
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bslraju
09-13 05:48 PM
Came to USA in 2001 Feb. As many other stories, my old employer did file my labor on Jan 2006 on EB3 though i was eligible to file under EB2. I have 3 + 2 years in India.
Changed employer using EAD in 08.
Current company is doing porting to EB2.
Unlike before, Now USCIS rule is have MSc(Computers) after completing 3 year degree in india is no longer equal to US master degree
it should be eaither 4(engineering)+2 (masters) or 3(BS)+3(MCA/other)
thus its equivalent to US bachelors degree.
So my employer (big 17k employees) decided to file based on my exp.
Job description says "Bachelors degree (B.A) in related area and 4-6 years of experience
in the field or in a related area."
Will this be a problem as one of EB2 requirement is BS or equivalent US degree with 5 years of experience. But this job desc says its 4-6 years..
Changed employer using EAD in 08.
Current company is doing porting to EB2.
Unlike before, Now USCIS rule is have MSc(Computers) after completing 3 year degree in india is no longer equal to US master degree
it should be eaither 4(engineering)+2 (masters) or 3(BS)+3(MCA/other)
thus its equivalent to US bachelors degree.
So my employer (big 17k employees) decided to file based on my exp.
Job description says "Bachelors degree (B.A) in related area and 4-6 years of experience
in the field or in a related area."
Will this be a problem as one of EB2 requirement is BS or equivalent US degree with 5 years of experience. But this job desc says its 4-6 years..
bkr
10-26 10:41 PM
Did you see Oct 9th as LUD on your case? We are trying to figure out if LUD is giving any indication towards when USCIS issues the approval.
I am also in the same boat. LUD 10/18, waiting for AP.
Received EAD and done FP.
will keep you posted.
I am also in the same boat. LUD 10/18, waiting for AP.
Received EAD and done FP.
will keep you posted.
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veni001
06-18 01:54 PM
Once you are able/eligible to use AC21 you are safe!
Thanks Veni001. Yes, I did file for AC-21 when I changed my employer. Are there chances of my old I-140 cancelling even after fillinf for AC-21?
Thanks...
Thanks Veni001. Yes, I did file for AC-21 when I changed my employer. Are there chances of my old I-140 cancelling even after fillinf for AC-21?
Thanks...
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 ..
insbaby
11-11 12:36 PM
Priority Date Current: Curse or Boon ?
I am EB3 India applicant with PD of August 2001 (own not substitution). Have I 140 approved since November 2005 but was only able to file I 485 in June 2007. With same employer for 10 yrs and on 9th yr of H1.
Earlier this year my PD was correct for 2 months but didnt hear anything from USCIS. My PD is current again this Nov and Dec and havent heard anything yet. Called USCIS customer svc and they said cant do anything as processing date is not current (Yes and they are going by Notice date and not Received date for service request). Lawyer says just stay cool and wait. So USCIS has no logic and no order and all we can do is wait for our stars to be aligned and case getting picked up in a sweep. Other than that being current is a curse rather than a boon because
You can not get 3 yr H1 extension if PD is current (only 1 yr).
You can not get 2 yrs EAD if PD is current.
So those dying for PD to be current think again. Its no use having PD current if USCIS is going to be so random and haphazard. It may turn out to be a curse.
They will take the file based on the received date. But once the file is opened then you get the priority. It appears that they already started working on July 2007 files. So you will get anytime soon.
You have waited for 9 years, just extend H1B one more time and you will never have to do that.
Good luck.
I am EB3 India applicant with PD of August 2001 (own not substitution). Have I 140 approved since November 2005 but was only able to file I 485 in June 2007. With same employer for 10 yrs and on 9th yr of H1.
Earlier this year my PD was correct for 2 months but didnt hear anything from USCIS. My PD is current again this Nov and Dec and havent heard anything yet. Called USCIS customer svc and they said cant do anything as processing date is not current (Yes and they are going by Notice date and not Received date for service request). Lawyer says just stay cool and wait. So USCIS has no logic and no order and all we can do is wait for our stars to be aligned and case getting picked up in a sweep. Other than that being current is a curse rather than a boon because
You can not get 3 yr H1 extension if PD is current (only 1 yr).
You can not get 2 yrs EAD if PD is current.
So those dying for PD to be current think again. Its no use having PD current if USCIS is going to be so random and haphazard. It may turn out to be a curse.
They will take the file based on the received date. But once the file is opened then you get the priority. It appears that they already started working on July 2007 files. So you will get anytime soon.
You have waited for 9 years, just extend H1B one more time and you will never have to do that.
Good luck.
more...
kondur_007
03-23 01:33 PM
Hello gurus,
need little help from you guys. Right now i am on H1b.
I am about to file my Family based I-485, I-130, I-765, I-131. on all these forms they are asking for A# ( Alien Registration Number).
I was on F1 visa before. so i have one expired EAD card which i got during my OPT in 2005. this card has a A#.
so should i put this A# on all forms( I-485,I-130,I-765,I-131) or leave it blank.???
H1bdude1
I believe that A# is like SSN and one person can have only one number. To the best of my knowledge you should use the same A# on all those applications.
However, I have known people who had more than one A# assigned, but they were then advised to contact USCIS to merge those files. I would think, it would make sense to use the same A#.
Again, it would be of great help if you can clarify this with an attorney, or someone else on this forum who is more knowledgeable than me.
Good Luck.
need little help from you guys. Right now i am on H1b.
I am about to file my Family based I-485, I-130, I-765, I-131. on all these forms they are asking for A# ( Alien Registration Number).
I was on F1 visa before. so i have one expired EAD card which i got during my OPT in 2005. this card has a A#.
so should i put this A# on all forms( I-485,I-130,I-765,I-131) or leave it blank.???
H1bdude1
I believe that A# is like SSN and one person can have only one number. To the best of my knowledge you should use the same A# on all those applications.
However, I have known people who had more than one A# assigned, but they were then advised to contact USCIS to merge those files. I would think, it would make sense to use the same A#.
Again, it would be of great help if you can clarify this with an attorney, or someone else on this forum who is more knowledgeable than me.
Good Luck.
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boom
10-01 07:16 PM
Would appreciate if some one can guide me in this situation.
Filed 485 on 11th aug but as fedex packet was not traceable I had to file again on 16th of August.
Now I received the receipts for the one which was filed first time.
How do I stop the 2nd application.What will happen If I do a stop payment on the 2nd one.
Will it affect my GC processing fot the application filed first time.
What is the best option I have without getting into some issue.
Filed 485 on 11th aug but as fedex packet was not traceable I had to file again on 16th of August.
Now I received the receipts for the one which was filed first time.
How do I stop the 2nd application.What will happen If I do a stop payment on the 2nd one.
Will it affect my GC processing fot the application filed first time.
What is the best option I have without getting into some issue.
more...
zCool
04-02 02:24 PM
good luck, keep us posted here of any updates
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sandy_anand
10-09 04:25 PM
yup, no movement at all! Gotta wait till Jan for some movement. :mad:
more...
ilikekilo
05-04 09:54 AM
Thanks for the reply. I am planning to maintain a address at location where my LCA belongs to. I want to know If I work for say 4-5 months from India on US payroll will there be any issues on reentering US?
post this Q on the lawyer forum someone might respond for FREE :)
post this Q on the lawyer forum someone might respond for FREE :)
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newxyz100
07-25 05:27 PM
You can apply for a duplicate with the form I-824.
http://www.uscis.gov/files/form/I-824.pdf
http://www.uscis.gov/files/form/I-824.pdf
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bomber
07-25 12:16 PM
I got an approval email from CRIS last week on my I-140.
Today I received an email saying the notice that USCIS sent was returned as undeliverable.
Any one has similar experience? Where does the I-140 approval notice go- Attorney or Employer address?
Thanks
Today I received an email saying the notice that USCIS sent was returned as undeliverable.
Any one has similar experience? Where does the I-140 approval notice go- Attorney or Employer address?
Thanks
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lvinaykumar
05-18 12:22 PM
I would like to post a positive answer, but the fact is "it does not" . Unless the "DO Noting" Congress Does something - no relief soon. If you are young and in EB3 (with '08) PD, Use this time to earn a higher degree if possible and at some point in future, it might help you apply under the E2 or E1 category.
While waiting for my GC i have completed my Management program from Northwestern University and now i got myself ported to EB2. Knowing i cant got anywhere helped me focus on my Masters and get it completed. Now i am waiting to get the GC before i look for a new job. I think porting from EB3 to EB2 is going to help people in the EB3 queue who are not supported by their companies to covert to EB2.
While waiting for my GC i have completed my Management program from Northwestern University and now i got myself ported to EB2. Knowing i cant got anywhere helped me focus on my Masters and get it completed. Now i am waiting to get the GC before i look for a new job. I think porting from EB3 to EB2 is going to help people in the EB3 queue who are not supported by their companies to covert to EB2.
more...
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ski_dude12
08-09 01:09 PM
The top reason would be-
"We are the USCIS".
What say?
"We are the USCIS".
What say?
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PDOCT05
10-29 11:42 AM
What does your lawyer say? It is clearly not USCIS error. Therefore, if they stick to their policy, if re-filed case does not have PD current, they will reject it for "PD not current". If they are generous, and your lawyer explains in some tactical way, they may accept it.
If it is your lawyer's fault, you can take appropriate action with him.
It's lawyer's fault ..he didn't check the application clearly.He said he is going to deal with it in a tactical way.I will wait for another notice from USCIS and then will take action on my lawyer. I am not going to leave him..:)
Thanks,
If it is your lawyer's fault, you can take appropriate action with him.
It's lawyer's fault ..he didn't check the application clearly.He said he is going to deal with it in a tactical way.I will wait for another notice from USCIS and then will take action on my lawyer. I am not going to leave him..:)
Thanks,
more...
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MDix
02-04 09:07 AM
Gc_On_Demand,
I remember that last year your prediction about spill-over was almost close. What's your take this year.
Thanks
MDix
States accumulate spill over from Q1 to Q3 but doesnot apply. Those extra visas will not be given to any one .. Once gone from quarter then it cannot be given to any one. In last quarter it will go to Eb2 India.
I remember that last year your prediction about spill-over was almost close. What's your take this year.
Thanks
MDix
States accumulate spill over from Q1 to Q3 but doesnot apply. Those extra visas will not be given to any one .. Once gone from quarter then it cannot be given to any one. In last quarter it will go to Eb2 India.
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Sai gc
09-23 04:54 PM
case process resumed ,Soft LUD everyday after RFE response,Any thoughts whats going on
My case details:
PD 2004 october(substituted)(NSC)
I 140 approved on october 2007
Got EAD's and AP's for both me and my spouse.
I 485-Received mail from Uscis on August 23rd,requesting for Evidence(no change in online status though).
RFE was for EVL,for which response was sent on 16 th sep(through Murthy firm )
Hard LUD on 17th september,change in online status,"received RFE response case process resumed"
soft LUDs on my application on 18,19,20,22 and 23rd.
soft LUDs on spouse application on 22nd and 23 rd.
What does this mean,My case is being processed ,any chances of getting GC this month?Any thoughts?
Hopefully this means Good news.
OM Sai
My case details:
PD 2004 october(substituted)(NSC)
I 140 approved on october 2007
Got EAD's and AP's for both me and my spouse.
I 485-Received mail from Uscis on August 23rd,requesting for Evidence(no change in online status though).
RFE was for EVL,for which response was sent on 16 th sep(through Murthy firm )
Hard LUD on 17th september,change in online status,"received RFE response case process resumed"
soft LUDs on my application on 18,19,20,22 and 23rd.
soft LUDs on spouse application on 22nd and 23 rd.
What does this mean,My case is being processed ,any chances of getting GC this month?Any thoughts?
Hopefully this means Good news.
OM Sai
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GCOP
04-01 03:32 PM
I would be appreciated, if people returning at NJ Airports can post their experiences of Successful re-entry . That would definitely be helpful to all other people, who will have to travel, in case of Emergency.
rameshvaid
03-30 11:44 AM
I will certainly update on this site once I get a final answer from US Consulate, Montreal. So for no NEWS...
My father in law was visiting me and had a heart attack last night. He has been hospitalised at Hilcrest Hospital, Cleveland, Ohio and is scheduled to go back on 4/19/08.
Will a letter from the Hospital will be helpfull or might have a negative impact in my case. They may think this is a fabricated story. Some of my friends are taking care of him but there is no other immidiate family memeber with him accept me and my MIL is also all alone at home.
Any Suggestions/thoughts??
Ramesh Vaid
My father in law was visiting me and had a heart attack last night. He has been hospitalised at Hilcrest Hospital, Cleveland, Ohio and is scheduled to go back on 4/19/08.
Will a letter from the Hospital will be helpfull or might have a negative impact in my case. They may think this is a fabricated story. Some of my friends are taking care of him but there is no other immidiate family memeber with him accept me and my MIL is also all alone at home.
Any Suggestions/thoughts??
Ramesh Vaid
seeking_GC
02-23 01:29 PM
Does anyone else have a problem clicking the last forum topic on the left side. I am using IE7 and never have a hyperlink to click on for that one topic only.
-a
Yes I am using IE7 and I have the same issue. Even for the 2nd last topic I have to really scroll my mouse all over so I can find the hyperlink.
-a
Yes I am using IE7 and I have the same issue. Even for the 2nd last topic I have to really scroll my mouse all over so I can find the hyperlink.