chapper
07-23 06:59 PM
Others can correct me, if I'm interpreting it wrong. A try...
An individual is eligible for AC21 only if he/she has approved I-140 but is not granted GC because of per country cap.
It means that when a petitioner applies for H1B extension - they (beneficiary and petitioner) must at the time of filing H1B establish/prove that the alien is not eligible for GC at the time of filing of H1B due to per country visa cap (not many visas available for the country the individual belongs or is claiming GC under).
Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?
A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations
An individual is eligible for AC21 only if he/she has approved I-140 but is not granted GC because of per country cap.
It means that when a petitioner applies for H1B extension - they (beneficiary and petitioner) must at the time of filing H1B establish/prove that the alien is not eligible for GC at the time of filing of H1B due to per country visa cap (not many visas available for the country the individual belongs or is claiming GC under).
Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?
A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations
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lecter
February 27th, 2004, 06:20 AM
I think 5 a week from us all is a grand amount.....
I am doing ten.....(sete an easy target for my self)
:)
I am doing ten.....(sete an easy target for my self)
:)
upuaut
08-09 02:35 AM
In Flash you mean?
Usually breaking things apart relates to groups of object and sometimes even to movie clips themselves, but you certainly can break apart an imported graphic, I actually do it all the time.
a good example would be if you were going to use a picture as a fill. I did this in the following example
http://www.centerspin.com/flashEarlyYears/dialsplash.swf
I needed the stone texture I was using to rotate with the dial. I found that it looked best using the picture as a fill for the dial. I had tried to create a circular png outside of flash for some time.. that way I could do transparency on the pic and just rotate it in flash.. but it never looked right, and the file size was huge. By breaking apart a jpg, I could use just what I wanted from it, leaving the holes in the pic up to flash to produce.
Usually breaking things apart relates to groups of object and sometimes even to movie clips themselves, but you certainly can break apart an imported graphic, I actually do it all the time.
a good example would be if you were going to use a picture as a fill. I did this in the following example
http://www.centerspin.com/flashEarlyYears/dialsplash.swf
I needed the stone texture I was using to rotate with the dial. I found that it looked best using the picture as a fill for the dial. I had tried to create a circular png outside of flash for some time.. that way I could do transparency on the pic and just rotate it in flash.. but it never looked right, and the file size was huge. By breaking apart a jpg, I could use just what I wanted from it, leaving the holes in the pic up to flash to produce.
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WhatheHeck
07-12 11:05 AM
Hello Friends,
I applied for my permenant residency on Feb, 2002 under EB3 category. My PD is 02-DD-2002. As of today my LC and I-140 has been certified. I am from India.
Recently i got a new job offer from another company and the new employer is willing to sponsor my green card under PERM - EB2 category. I understand that its very easy to get the LC and I-140 certification within months under PERM premium processing. In this case my new priority date will be the date i apply my new LC.
If i get my PERM LC and I-140 under EB2 category with new employer, at the time of filing I-485 can i use my old priority date (Feb, 02) instead of PERM LC priority date?
My question is
With new PERM LC and I-140, can i apply for I-485 with my old priority date from the first LC? Please kindly provide your suggestion
I applied for my permenant residency on Feb, 2002 under EB3 category. My PD is 02-DD-2002. As of today my LC and I-140 has been certified. I am from India.
Recently i got a new job offer from another company and the new employer is willing to sponsor my green card under PERM - EB2 category. I understand that its very easy to get the LC and I-140 certification within months under PERM premium processing. In this case my new priority date will be the date i apply my new LC.
If i get my PERM LC and I-140 under EB2 category with new employer, at the time of filing I-485 can i use my old priority date (Feb, 02) instead of PERM LC priority date?
My question is
With new PERM LC and I-140, can i apply for I-485 with my old priority date from the first LC? Please kindly provide your suggestion
more...
zulo1715
10-20 05:44 PM
The problem might occur when you file for citizenship, you have to justify why you dint work after getting the GC. However it is not written in stone that if you dont work for your petitioning company the officer will deny your citizenship or revoke your GC. They will look at the totality of the circumstances, since you worked for the petitioner for some time, they may not make a determination that the job offer was speculative, you have to show that you had every intention of working for them and the company had every intention of hiring you, maybe they can give a letter stating that they continue to market you and will re-hire as soon as the economy imporves. If your company finds a project for you, you should continue to work for them. Or you could have done AC-21 after the I-140 was approved and before the I-485 was approved.
Thank you Prashanthi for your reply.
I have a letter (it's in email format) that shows my lay-off is because of "lack of work". However, this letter is for the time before my GC was approved. I suppose that I need to get a letter from the company dated sometime after my GC approval date in order to present that in the time my citizenship process to justify that the job offer was not speculative; right?
That might also possible to get a letter from the company that shows they are willing to hire me in case there's a new project; thanks for your comment on this.
Thank you Prashanthi for your reply.
I have a letter (it's in email format) that shows my lay-off is because of "lack of work". However, this letter is for the time before my GC was approved. I suppose that I need to get a letter from the company dated sometime after my GC approval date in order to present that in the time my citizenship process to justify that the job offer was not speculative; right?
That might also possible to get a letter from the company that shows they are willing to hire me in case there's a new project; thanks for your comment on this.
anilsal
10-24 11:42 PM
It was #170 for me. I think Yahoo deleted some post before me. So I got bumped to #169. The guy who posted after me has a nasty post. I am pushing legal immigration and he is complaining about illegal imm & minimum wage.
more...
fromnaija
07-26 03:38 AM
Once you get a receipt notice you could send the correct marriage certificate with a letter explaining the mistake. It will probably lead to a RFE and not a rejection.
Just noticed that my lawyer has attached marriage certificate of my co-worker in the dependendent's petition. I am waiting for the receipt.
What are the impacts of this mistake? To compound the issue, my wife is flying out next week for a month to India.
Gurus any answers on this is deeply appreciated.
Just noticed that my lawyer has attached marriage certificate of my co-worker in the dependendent's petition. I am waiting for the receipt.
What are the impacts of this mistake? To compound the issue, my wife is flying out next week for a month to India.
Gurus any answers on this is deeply appreciated.
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abh
08-21 12:15 PM
I couldn't get good rep 10-15 times i called USCIS to tell me more detail than what shows online. One thing i can think of is i was pregnant at the time of my medical and couldnt get xray done as my tb skin test showed positive.
So may be RFE for that. God Know. This waiting is killing me.
Will i get copy of RFE or just my lawyer?
So may be RFE for that. God Know. This waiting is killing me.
Will i get copy of RFE or just my lawyer?
more...
Murthy
02-21 07:49 AM
Any Bank account gets deactivated if there are no transactions for a certain period.Call your Bank and find out.The best thing is always close all accounts before you leave.
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maverick80
01-30 03:37 AM
Hi,
I just started my 5th year on H1-B (EB-2) at a very large software firm. I also have a Masters degree from a good university etc. I was delaying filing my PERM (part stupidity and partly thinking of changing my job). Now, I received information from the company that new PERM applications may be impacted because we had layoffs recently. Although I am not personally aware of anyone with my job title being fired, I am wondering if they will wait for 6 months after the layoffs to actually start filing new applications.
I am new to this, and this may be a simple question. What usually happens? Do they put off all PERM applications for 6 months after layoffs? Does this mean that companies that have not had layoffs can continue to file PERM applications?
I ask this because I am thinking that maybe then I should look for a company that has not had layoffs (best of luck to me, right? :) I think there's a couple out there :) ). If I do go down this route, can I start a PERM application immediately or do I have to work at the company for a while before I can do this?
I am also worried that the PERM could get delayed by 6 months or more because there might be more layoffs. If there are further delays in the time to be approved (more than a year), then I might be cutting it really close as far as my H1-B term goes. Is anyone in a similar situation? Am I at risk here? What happens if PERM filing is in process when H1-B duration comes to an end? Do I just have to leave?
A lot of these are maybe newbie questions, but I am kind of worried and I would appreciate it if you can contribute answers to whichever questions of mine that you are familiar with.
Thanks
I just started my 5th year on H1-B (EB-2) at a very large software firm. I also have a Masters degree from a good university etc. I was delaying filing my PERM (part stupidity and partly thinking of changing my job). Now, I received information from the company that new PERM applications may be impacted because we had layoffs recently. Although I am not personally aware of anyone with my job title being fired, I am wondering if they will wait for 6 months after the layoffs to actually start filing new applications.
I am new to this, and this may be a simple question. What usually happens? Do they put off all PERM applications for 6 months after layoffs? Does this mean that companies that have not had layoffs can continue to file PERM applications?
I ask this because I am thinking that maybe then I should look for a company that has not had layoffs (best of luck to me, right? :) I think there's a couple out there :) ). If I do go down this route, can I start a PERM application immediately or do I have to work at the company for a while before I can do this?
I am also worried that the PERM could get delayed by 6 months or more because there might be more layoffs. If there are further delays in the time to be approved (more than a year), then I might be cutting it really close as far as my H1-B term goes. Is anyone in a similar situation? Am I at risk here? What happens if PERM filing is in process when H1-B duration comes to an end? Do I just have to leave?
A lot of these are maybe newbie questions, but I am kind of worried and I would appreciate it if you can contribute answers to whichever questions of mine that you are familiar with.
Thanks
more...
alterego
06-26 07:28 PM
You do not always have a LUD on your 485 when your EAD/AP is processed. I have had 4 such applications so far, my wife likewise. Once, out of these 8 times(Collectively for both of us) there was an LUD and subsequently an easily cleared up RFE(about current job) for me.
LUDs on 485 are more frequent when you are about to get biometrics notice or when they are processing your file or before your petition is approved.
LUDs on 485 are more frequent when you are about to get biometrics notice or when they are processing your file or before your petition is approved.
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Houstonguy
07-13 10:55 AM
Signed and forwarded to all known affected friends
more...
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uma001
05-07 10:34 AM
There was no agreement signed. It was just agreed on an email. Am i still bound with the emplyment laws. Just want to understand before taking any steps. Also the project has ended after 4 month but i don't have any document. Also company B can't reveal any internal documents.
Oh, So the project ended after 4 months. Then you do not need to pay a dime to Company A. In that case, Company B might have already informed company A that project ended and no more billing. If company B has not informed company A, that is Company b's problem. SO you do not worry as long as you havent signed any contract.
Oh, So the project ended after 4 months. Then you do not need to pay a dime to Company A. In that case, Company B might have already informed company A that project ended and no more billing. If company B has not informed company A, that is Company b's problem. SO you do not worry as long as you havent signed any contract.
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pd052009
04-28 04:08 PM
Please explain why not?
I think if 5000 people from EB3 India with PD in 2007 moved to EB2, then that means 5000 people are reduced from the EB3 India queue?
The fact is those 5000 people are not in the begining of the line. So you don't see date movement for EB3.
I think if 5000 people from EB3 India with PD in 2007 moved to EB2, then that means 5000 people are reduced from the EB3 India queue?
The fact is those 5000 people are not in the begining of the line. So you don't see date movement for EB3.
more...
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hankles
12-09 05:35 PM
O*Net Online website has a useful tool to learn which other occupations relate to one's present occupation. Simply enter your O*Net/SOC code and go to "Related Occupations".
This may prove useful for inidividuals searching for jobs in "similar" occupations. Altough this information can be very handy it goes without saying that every case is different and one should not solely rely on this.
This may prove useful for inidividuals searching for jobs in "similar" occupations. Altough this information can be very handy it goes without saying that every case is different and one should not solely rely on this.
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jthomas
04-07 03:46 PM
Hi,
My client is a TARP fund received bank.I am planning to go India for 3 weeks in may.My visa expires in Aug09.
I have new H1 extension for 3 years.
--If I go for visa stamping will it be a problem as I am workig for TARP received bank.
--If I don't go for visa stamping and planning to comeback with old visa, will it be a problem at Port Of Entry as my client is TARP received bank and I am on H1B.
you don't have to go to india to restamp your H1B. you can rather stay here and whenever you are going out of the country you need to get h1B stamped.
Regarding TARP received bank, the rules may even change when you had gone for a vacation. Its better not to go back during recession and most important keep your eye open for another job position.
I agree TARP revceived firms cannot renew H1B after 6 years or apply for GC. Those rules may change as per time. Most of the firms who like to hire H1B. So don't know whether it will get better or worst for your situation.
My client is a TARP fund received bank.I am planning to go India for 3 weeks in may.My visa expires in Aug09.
I have new H1 extension for 3 years.
--If I go for visa stamping will it be a problem as I am workig for TARP received bank.
--If I don't go for visa stamping and planning to comeback with old visa, will it be a problem at Port Of Entry as my client is TARP received bank and I am on H1B.
you don't have to go to india to restamp your H1B. you can rather stay here and whenever you are going out of the country you need to get h1B stamped.
Regarding TARP received bank, the rules may even change when you had gone for a vacation. Its better not to go back during recession and most important keep your eye open for another job position.
I agree TARP revceived firms cannot renew H1B after 6 years or apply for GC. Those rules may change as per time. Most of the firms who like to hire H1B. So don't know whether it will get better or worst for your situation.
more...
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gc28262
12-17 08:22 AM
Even in today's condition, you are legally clear. Why didn't company cancel the H1 ? That is company's problem. You don't have to worry about it.
IMO most likely you can get in to the country without an issue. It is worth giving a try.
Also see this uscis link
Q : Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)
IMO most likely you can get in to the country without an issue. It is worth giving a try.
Also see this uscis link
Q : Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)
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gc28262
09-01 06:27 PM
I'm in the same hole. Oct'2003 is my PD EB2I. had interview 3 months back. Was waiting so eagerly for this day. no update on my case. While I see Dec'2004 cases getting approved. Why can't USCIS do some organization and issue green card purely by priority dates rather than at the mercy of the officer. Why should they make lives of poor immigrants and green card applicants as miserable and touch as possible? Can't do anything more than feeling bad. :-(
If your PD is current, try creating a service request. This will force IO to look at your case. If it is ready for approval, he would probably approve it.
If your PD is current, try creating a service request. This will force IO to look at your case. If it is ready for approval, he would probably approve it.
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fromnaija
09-21 04:26 PM
Since I did my master's here. I think they filed my case under EB1...I need to re-check. If this is the case then how long does it take. Yes I'm an indian.
I doubt if a Masters qualifies for EB1. But if you filed under EB1, then you should be able to file I485 immediately as that category is CURRENT. Check and confirm the category your employers filed and post your question again.
I doubt if a Masters qualifies for EB1. But if you filed under EB1, then you should be able to file I485 immediately as that category is CURRENT. Check and confirm the category your employers filed and post your question again.
usirit
07-30 11:20 AM
Nixone;
I really hope / wish you don't get audited.
DOL claimed that the newspaper ad was sent to them without the date of it. So we sent them back the whole paper-page where the date is usually printed at the very top with my job ad on it.
Good luck...
I looked at your signature timeline and it says "LC denied due to date missing on ad portion." Could you please clarify what happened? My job ads are running right now for PERM LC and not sure what I need to keep from the newspaper ad.
I have taken screenshots of Job Order, Yahoo HotJobs, Professional Organization, University Placement etc. I hope the screenshots showing the ad and all the dates would be good enough.
Did they send you RFE for all the job ads and is that how they found out the date missing? I did not know people get RFE for job ads. Thanks.
I really hope / wish you don't get audited.
DOL claimed that the newspaper ad was sent to them without the date of it. So we sent them back the whole paper-page where the date is usually printed at the very top with my job ad on it.
Good luck...
I looked at your signature timeline and it says "LC denied due to date missing on ad portion." Could you please clarify what happened? My job ads are running right now for PERM LC and not sure what I need to keep from the newspaper ad.
I have taken screenshots of Job Order, Yahoo HotJobs, Professional Organization, University Placement etc. I hope the screenshots showing the ad and all the dates would be good enough.
Did they send you RFE for all the job ads and is that how they found out the date missing? I did not know people get RFE for job ads. Thanks.
amsgc
06-20 12:57 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.
That helps, Paskal. Thank you for sharing your thoughts.
Regards
Ams
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.
That helps, Paskal. Thank you for sharing your thoughts.
Regards
Ams
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