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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h1techSlave
07-15 10:39 AM
The reason for these kinds of unreasonable RFEs is simple - Improving the US economy; one RFE at a time.
In my understanding there is no rule or guidelines regarding usage of same photos more than once. The only restriction is that the photo should not be more than 6 months old. If I remember correctly, I have used the same photos for various purposes like Visa, EAD, AP etc.
When my AP came up for renewal my attorney asked to get new set of photos.
In addition my cousin's EAD application got RFE'ed to get new set of photos even though the photos were recent. The reason given was that they had used same photos to renew their visa few months back (less than 6 months).
Is USCIS coming up some new rule about photos being 'unused' ?? The guidelines say that photos should be recent (taken in last 6 months). However nowhere I do I see that the photos should be 'unused' previously ?
Anyone else had same experience ?
In my understanding there is no rule or guidelines regarding usage of same photos more than once. The only restriction is that the photo should not be more than 6 months old. If I remember correctly, I have used the same photos for various purposes like Visa, EAD, AP etc.
When my AP came up for renewal my attorney asked to get new set of photos.
In addition my cousin's EAD application got RFE'ed to get new set of photos even though the photos were recent. The reason given was that they had used same photos to renew their visa few months back (less than 6 months).
Is USCIS coming up some new rule about photos being 'unused' ?? The guidelines say that photos should be recent (taken in last 6 months). However nowhere I do I see that the photos should be 'unused' previously ?
Anyone else had same experience ?
InTheMoment
02-15 11:48 AM
Yes, it does apply to nationals from India.
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Dhundhun
06-26 09:43 PM
Dear Fellow IVians
quick update: I received the receipt notices today for EAD Renewal by mail. can't believe it, but truly received for myself and my wife.
Big question is
1.Mine is having case number as LIN08801XXXXX which is fine, because my entire GC process since past 5 years is in Nebraska Service Center. I'm the primary applicant
2.But wife's case number is different, which is NSC08801XXXXX and clearly mentioned in the notice that her case is with national benefits center, Lee's summit MO.( By the way we live in Missouri)
The entries for "Class requested" is shown as C09 in both cases, which i believe correct.
Help:
Has anybody received like this before? if it's normal, i'm not worried
If not, any clues about next steps like do i need to call somebody or call Nebraska ??? a bit worried. any help ???????
Thanks in advance
Satya
Yes. This is excerpts from: http://immigrationvoice.org/forum/showthread.php?t=18737
Efiled EAD passing through multiple service centers
Mailed:
.... Confirmation Receipt
.... Photocopy of I485 recept
.... Photocopy of EAD both side
.... Original letter which came with EAD (after tearing upper part - for quick processing)
Mid June 2008, paper receipt (from NSC) took over 10 days. It is now taking more time.
FP notice (from MSC, code 2) after two weeks, scheduled in fifth week (in ASC San Jose).
quick update: I received the receipt notices today for EAD Renewal by mail. can't believe it, but truly received for myself and my wife.
Big question is
1.Mine is having case number as LIN08801XXXXX which is fine, because my entire GC process since past 5 years is in Nebraska Service Center. I'm the primary applicant
2.But wife's case number is different, which is NSC08801XXXXX and clearly mentioned in the notice that her case is with national benefits center, Lee's summit MO.( By the way we live in Missouri)
The entries for "Class requested" is shown as C09 in both cases, which i believe correct.
Help:
Has anybody received like this before? if it's normal, i'm not worried
If not, any clues about next steps like do i need to call somebody or call Nebraska ??? a bit worried. any help ???????
Thanks in advance
Satya
Yes. This is excerpts from: http://immigrationvoice.org/forum/showthread.php?t=18737
Efiled EAD passing through multiple service centers
Mailed:
.... Confirmation Receipt
.... Photocopy of I485 recept
.... Photocopy of EAD both side
.... Original letter which came with EAD (after tearing upper part - for quick processing)
Mid June 2008, paper receipt (from NSC) took over 10 days. It is now taking more time.
FP notice (from MSC, code 2) after two weeks, scheduled in fifth week (in ASC San Jose).
more...
sledge_hammer
06-25 11:07 AM
Please take the above poll.
In my case, company is paying for me alone. I have to pay attorney fee and filing fee for my wife.
In my case, company is paying for me alone. I have to pay attorney fee and filing fee for my wife.
GCHope2011
10-19 07:03 PM
Nice idea, but here is what I think...
Whats the point of donating after you get your Green card? Donate now in place of later and you can benefit from your own donation...and IV can get that money sooner :)
I am trying to do just that. Realized that I can save $25 per month in many different ways from my current expenditure itself and signed up for $25/month donation.
Every little bit helps.
Whats the point of donating after you get your Green card? Donate now in place of later and you can benefit from your own donation...and IV can get that money sooner :)
I am trying to do just that. Realized that I can save $25 per month in many different ways from my current expenditure itself and signed up for $25/month donation.
Every little bit helps.
more...
paskal
06-20 12:52 AM
my knowledge is also limited...
but from my J1 days this is what i understood:
J1 is NOT a dual intent visa.
All J1 have some requirements to fulfill before applying for GC
For physicians it is a 2 yr Home requirement OR underserved area practice
For researchers etc a No objection is needed from the home country for a waiver
Therefore you cannot file for adjustment of status while still on a J1 unless you have the relevant waiver. It will certainly be rejected.
Physicians who get a waiver move to an H1 during their 3 year practice requirement. The NIW is a special case here, 485 filing is permitted but no approval till 5 years are over.
hope that's helpful.
but from my J1 days this is what i understood:
J1 is NOT a dual intent visa.
All J1 have some requirements to fulfill before applying for GC
For physicians it is a 2 yr Home requirement OR underserved area practice
For researchers etc a No objection is needed from the home country for a waiver
Therefore you cannot file for adjustment of status while still on a J1 unless you have the relevant waiver. It will certainly be rejected.
Physicians who get a waiver move to an H1 during their 3 year practice requirement. The NIW is a special case here, 485 filing is permitted but no approval till 5 years are over.
hope that's helpful.
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pappu
05-14 11:47 AM
I'm not sure what made you decide for CP. There maybe valid reasons or you maybe misguided.
I have heard some people use the CP route thinking that once the dates get current, they will get Green Card faster than AOS route. Some people use it as a back-up. But I am not sure what made you opt for this if you knew you will deny yourself EAD and AP benefits.
I have heard some people use the CP route thinking that once the dates get current, they will get Green Card faster than AOS route. Some people use it as a back-up. But I am not sure what made you opt for this if you knew you will deny yourself EAD and AP benefits.
more...
shahrooz
02-15 10:28 PM
260 views and not even one single opinion?
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genscn
08-08 09:47 AM
When did you file I-140 at TX? RFE could be for documents about ability to pay.
Hi guys My I140 filed in TEXAS case status online says request for additional information was mailed, I haven't received mail yet, I want to go ahead and collect all the documents required so i can reply immediately as soon as we receive RFE mail,
can you guys tell usually what kind of information is requested in EB3 cases.
Hi guys My I140 filed in TEXAS case status online says request for additional information was mailed, I haven't received mail yet, I want to go ahead and collect all the documents required so i can reply immediately as soon as we receive RFE mail,
can you guys tell usually what kind of information is requested in EB3 cases.
more...
ttdam
12-03 01:56 PM
So u are saying if she uses her EAD/ AP then my H1b is no longer valid? BTW she got her h1b visa in the lottery earlier this year.
Hi zoooom
Did your wife been to India and Came back using H4 or AP ? If she returned did she had any problem @ POE ?
Please advise, I m in similar situation
Thanks in advance
Hi zoooom
Did your wife been to India and Came back using H4 or AP ? If she returned did she had any problem @ POE ?
Please advise, I m in similar situation
Thanks in advance
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510picker
December 3rd, 2008, 06:06 AM
I'll be anxious to hear your opinion once you've spent some time with your new equipment.
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485Mbe4001
03-20 02:56 PM
instructions from Oh's site
03/20/2009: USCIS to Release Answers to Scope of TARP-Funded Employer Restrictions to H-1B New Hire
AILA has reported the USCIS update on this issue dated 03/20/2009. According to this USCIS release which may be released on its website soon, the people will be either subject to the new law or not subject to the new law:
Those Who Are Subject to the New Law:
Any LCA or petition filed on or after 02/17/2009 by such employer for hire as a new employee regardless of whether he/she is already in H-1B status and regardless of concurrent new employment by such a new employer.
New employment based on a petition approved before Feb. 17, 2009 but the H-1B employee had not actually commenced employment before that date.
Those Who Are Not Subject to the New Law:
H-1B petition to extend the H-1B status (EOS) of a current employee with
the same employer (TARP funded).
H-1B petition seeking to change the status (COS) of a current U.S. work authorized employee to H-1B status with the same employer (TARP funded).
It is a huge relief for those nonimmigrants who are currently working with the TARP employers who need extension of their current H-1B status or change of their nonimmigrant status from other nonimmigrant classification to H-1B, particulay in the FY 2010 H-1B cap filing on or after April 1, 2009. We salute the USCIS leaders for such lenient and liberal interpretation of the new law. For details, people are advised to wait until it is published in the agency's website.
03/20/2009: USCIS to Release Answers to Scope of TARP-Funded Employer Restrictions to H-1B New Hire
AILA has reported the USCIS update on this issue dated 03/20/2009. According to this USCIS release which may be released on its website soon, the people will be either subject to the new law or not subject to the new law:
Those Who Are Subject to the New Law:
Any LCA or petition filed on or after 02/17/2009 by such employer for hire as a new employee regardless of whether he/she is already in H-1B status and regardless of concurrent new employment by such a new employer.
New employment based on a petition approved before Feb. 17, 2009 but the H-1B employee had not actually commenced employment before that date.
Those Who Are Not Subject to the New Law:
H-1B petition to extend the H-1B status (EOS) of a current employee with
the same employer (TARP funded).
H-1B petition seeking to change the status (COS) of a current U.S. work authorized employee to H-1B status with the same employer (TARP funded).
It is a huge relief for those nonimmigrants who are currently working with the TARP employers who need extension of their current H-1B status or change of their nonimmigrant status from other nonimmigrant classification to H-1B, particulay in the FY 2010 H-1B cap filing on or after April 1, 2009. We salute the USCIS leaders for such lenient and liberal interpretation of the new law. For details, people are advised to wait until it is published in the agency's website.
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yetanotherguyinline
04-07 06:10 PM
Hi Friends.
I got the pink slip 3 weeks back with one month severance. So my target was to secure the job in one month to avoid loss of pay. Finally secured the job with 3 offers from 3 top companies.
Some tips if it may be helpful to others , that I recently expereinced
1. Read your resume thoroughly and see if there are anything that you can improve and make the resume with the core skills, do not make the resume of mix of different profiles, like dba, architect, project manager, make them all seperate.
2. Try to make the submission to the direct employer or recruiter on top of the chain. You can do that finding contacts on linked in.
3. Do not compromise a lot, this makes these recruiters to think that you are vulnerable for any exploitation, (happened with me, I kicked there butt after getting selected and telling them on why did I do that)
All the best to everyone.
Congrats.
Did you have to take a pay cut or did you get a hike? How are salaries for new employees in this market? You can PM me if you dont want to answer on this forum. Just curious...
I got the pink slip 3 weeks back with one month severance. So my target was to secure the job in one month to avoid loss of pay. Finally secured the job with 3 offers from 3 top companies.
Some tips if it may be helpful to others , that I recently expereinced
1. Read your resume thoroughly and see if there are anything that you can improve and make the resume with the core skills, do not make the resume of mix of different profiles, like dba, architect, project manager, make them all seperate.
2. Try to make the submission to the direct employer or recruiter on top of the chain. You can do that finding contacts on linked in.
3. Do not compromise a lot, this makes these recruiters to think that you are vulnerable for any exploitation, (happened with me, I kicked there butt after getting selected and telling them on why did I do that)
All the best to everyone.
Congrats.
Did you have to take a pay cut or did you get a hike? How are salaries for new employees in this market? You can PM me if you dont want to answer on this forum. Just curious...
more...
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lostinbeta
10-21 04:13 AM
Hey, this is MY thread and I will delete any argumentative posts about sports teams :)
I personally don't root for any team. Not much of a sports fan.... odd really considering every guy in my family is, but then again I am nothing like anyone else in my family... so that could be why.
I personally don't root for any team. Not much of a sports fan.... odd really considering every guy in my family is, but then again I am nothing like anyone else in my family... so that could be why.
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mrajatish
03-25 01:38 PM
Yup, you are right - thanks for pointing this out.
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crazyghoda
05-08 10:53 AM
Did they issue your EAD from the time the previous one expired or from the current date. If current date, you'd have lost about 3 months or validity.
Some people I know got EADs from the next day following the expiration of their current EAD. I however got from approval date. Its all so inconsistent.
I got EAD in 2 weeks from filing to receipt of cards in hand.
USCIS has certainly improved a lot.
Some people I know got EADs from the next day following the expiration of their current EAD. I however got from approval date. Its all so inconsistent.
I got EAD in 2 weeks from filing to receipt of cards in hand.
USCIS has certainly improved a lot.
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sintax321
11-18 03:27 PM
Ok. When u make a comment like that really be sure to make it clear it is a joke. If u don't things get out of control.:)
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bsbawa10
12-16 07:21 PM
A million dollar question is : What order are they following ? I am having PD of April 14th , 2004. Still waiting.
arnet
02-26 04:10 PM
H4 visa holder can pursue their studies in US but they cannot work while studying.
he/she should stay in H4 visa if you filed (or want to file) I-485 based on your dependent's I-485 application because F1 visa holders are not eligible for I-485 dependent benefits and changing from H4 to F1 will cancel the I-485 application if he/she already filed based on dependent application.
so better to stay in H4 if you filed or want to file I-485 based on your dependent's application until you get GC.
My wife is completing 6 years on H1 visa in Sept 07. She is planning to join school which will isssue her I-20. The school starts in Aug07 and she need to go to India for 2 weeks in Nov 07.
Can she get H4 stamped from canada on my H1B, so that she do not face F1 rejection in india?
Thanks
he/she should stay in H4 visa if you filed (or want to file) I-485 based on your dependent's I-485 application because F1 visa holders are not eligible for I-485 dependent benefits and changing from H4 to F1 will cancel the I-485 application if he/she already filed based on dependent application.
so better to stay in H4 if you filed or want to file I-485 based on your dependent's application until you get GC.
My wife is completing 6 years on H1 visa in Sept 07. She is planning to join school which will isssue her I-20. The school starts in Aug07 and she need to go to India for 2 weeks in Nov 07.
Can she get H4 stamped from canada on my H1B, so that she do not face F1 rejection in india?
Thanks
hpandey
06-16 01:44 PM
How long has it been that you filed for I-140 ? Has it been approved yet.
I think you can move on to another company only after the I-140 has been approved and it has been more than 180 days . USCIS mails the approval notice to the company/attonery who filed on your behalf.
I think you can move on to another company only after the I-140 has been approved and it has been more than 180 days . USCIS mails the approval notice to the company/attonery who filed on your behalf.
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