sparky_jones
02-03 02:44 PM
Documentation informing the USCIS of your having utilized AC21 benefits isn't necessary, but is a proactive measure usually taken to have a clean slate on the applicant's part.
It is true that in a majority of the cases the AC21 documentation might never reach the applican't 485 file, but in an unforeseen circumstance such as the denial of one's 485 based on 140 revocation (which, as we know isn't very uncommon) and matters reaching an immigration court, proof that one had taken proactive steps and gone out of one's way to inform the USCIS might make one's case stronger and thus make it easier to have the case reopened.
I was fortunate enough to not have to make that decision -whether to send AC21 documentation or not, the attorneys (Fragomen) representing the new employer recommended sending it making it easy for me.
Just my 2 cents,
I agree...sending the AC21 documentation to satisfy the "burden of proof" in extenuating circumstances, should they arise, is justifiable, as long as the applicant does not assume that the AC21 documentation will indeed be attached to their 485 file, and thus they won't get an employment-related RFE. Send the AC21 (and do it on your own, unless you have spare money to spend on a lawyer), but also keep in mind that sending the AC21 is not a legal requirement, and there is no guarantee that it will prevent USCIS from asking you to prove that you have a job that meets the certified labor at some time in the future.
It is true that in a majority of the cases the AC21 documentation might never reach the applican't 485 file, but in an unforeseen circumstance such as the denial of one's 485 based on 140 revocation (which, as we know isn't very uncommon) and matters reaching an immigration court, proof that one had taken proactive steps and gone out of one's way to inform the USCIS might make one's case stronger and thus make it easier to have the case reopened.
I was fortunate enough to not have to make that decision -whether to send AC21 documentation or not, the attorneys (Fragomen) representing the new employer recommended sending it making it easy for me.
Just my 2 cents,
I agree...sending the AC21 documentation to satisfy the "burden of proof" in extenuating circumstances, should they arise, is justifiable, as long as the applicant does not assume that the AC21 documentation will indeed be attached to their 485 file, and thus they won't get an employment-related RFE. Send the AC21 (and do it on your own, unless you have spare money to spend on a lawyer), but also keep in mind that sending the AC21 is not a legal requirement, and there is no guarantee that it will prevent USCIS from asking you to prove that you have a job that meets the certified labor at some time in the future.
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estrela21
02-08 10:50 PM
Some questions before I answer.
1) Did you get married in a church or did you reserve a church for marriage?
2) If you are not married how do you start immigration paper work?
If you want to start paperwork, you need to get married.If you have to get married, you need to get married before March 31.If you have to get married before March 31, you need to get your marriage license before that.If you already got married why do you need license?If you are talking about marriage certificate for applying immigration, you can apply it on line.If he goes to jail on March 31st then ask him to apply for parol to come out.
well i got marriage ceremony , not civil yet...because i didn't know since he have this problem in court. and he says that they would let him out once he's in jail.. the chance of he goes to jail is 50 50... if goes he will get about 18 months. will still can do my papers?
1) Did you get married in a church or did you reserve a church for marriage?
2) If you are not married how do you start immigration paper work?
If you want to start paperwork, you need to get married.If you have to get married, you need to get married before March 31.If you have to get married before March 31, you need to get your marriage license before that.If you already got married why do you need license?If you are talking about marriage certificate for applying immigration, you can apply it on line.If he goes to jail on March 31st then ask him to apply for parol to come out.
well i got marriage ceremony , not civil yet...because i didn't know since he have this problem in court. and he says that they would let him out once he's in jail.. the chance of he goes to jail is 50 50... if goes he will get about 18 months. will still can do my papers?
punjabi
03-16 04:26 PM
I was in a similar frame of mind like you a few days ago...thinking whether to switch to EAD with different company or not.
On technical side, job title and description does not need to be word-to-word same. Just use common-sense (if a programmer is going to be working as an Electrician or Systems Administrator, that might cause a problem. Otherwise you should be able to prove the similarity.)
On the other side, EAD is a gift USCIS has given while your 485 is pending. Even being on H1B, there is nothing much you can do if you run out of luck. So, why not enjoy the freedom? Come out in the sky. You will "feel" it, especially if your current employer is "desi" or if you have to call them 10 times in a month to get your paycheck.
I am myself invoking AC21 in April. Whatever happens, I know I will survive. Wherever I live later (India or US), I know I will be with my family and I will still have tens of reasons to thank God for.
If you want to be a little more conservative, spend few dollars and get a back-up of an attorney.
Let go of the negativity. Do it.
Good luck.
Hi,
.... Job title should be same or not? I got 50-50 response on this. Do not know what to say, but kind of thinking may differ.
Job Description on offer letter? should match word to word with LC
......
Please let me know if all the above assumptions are correct.
On technical side, job title and description does not need to be word-to-word same. Just use common-sense (if a programmer is going to be working as an Electrician or Systems Administrator, that might cause a problem. Otherwise you should be able to prove the similarity.)
On the other side, EAD is a gift USCIS has given while your 485 is pending. Even being on H1B, there is nothing much you can do if you run out of luck. So, why not enjoy the freedom? Come out in the sky. You will "feel" it, especially if your current employer is "desi" or if you have to call them 10 times in a month to get your paycheck.
I am myself invoking AC21 in April. Whatever happens, I know I will survive. Wherever I live later (India or US), I know I will be with my family and I will still have tens of reasons to thank God for.
If you want to be a little more conservative, spend few dollars and get a back-up of an attorney.
Let go of the negativity. Do it.
Good luck.
Hi,
.... Job title should be same or not? I got 50-50 response on this. Do not know what to say, but kind of thinking may differ.
Job Description on offer letter? should match word to word with LC
......
Please let me know if all the above assumptions are correct.
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vin13
09-29 02:29 PM
I also have soft LUD on 09/26 and 09/29...But i dont know what to read into it.
more...
poorslumdog
09-04 12:47 PM
did you pray for people who died in katrina? or for iraq war casualties?
You missed the sarcasm...
You missed the sarcasm...
wandmaker
02-18 03:25 PM
I have a Green card and also my wife has GC .My wife is expected to deliver a baby.Shw wants the delivery to be in India and then come back...in that case what VISA will the new baby have to apply US when my wife returns back to US.
Appreciate your help in this regard.
Are guys nut? Don't you want to watch your child grow?! :confused:
Given your situation, you guys will be staying away from kid for a decade or more. Once your wife delivers the baby in India, file for a baby's green card. For tentative dates on family reunion, please refer family based 2nd preferences at http://travel.state.gov/visa/frvi/bulletin/bulletin_4428.html - lighter note these dates or tentative only not written in stone :D
If I were you, I would not allow your wife to give birth in India and miss watching the child grow.
Appreciate your help in this regard.
Are guys nut? Don't you want to watch your child grow?! :confused:
Given your situation, you guys will be staying away from kid for a decade or more. Once your wife delivers the baby in India, file for a baby's green card. For tentative dates on family reunion, please refer family based 2nd preferences at http://travel.state.gov/visa/frvi/bulletin/bulletin_4428.html - lighter note these dates or tentative only not written in stone :D
If I were you, I would not allow your wife to give birth in India and miss watching the child grow.
more...
md_alien
06-22 11:55 AM
Skin test is mandatory unless you provide proof to the USCIS civil surgeon that you have done skin test in the past and the results were "POSITIVE"
As per my doc, if one has a "POSITIVE" skin reaction to PPD test, they should never take the skin test again as there is a danger of severe inflammation.
Another point to note is that if the reaction to PPD is over 10mm (even if X-Ray is negative) USCIS might want documentation to prove that you have been evaluated by the State's Public Health Dept and undergoing treatment. This is my personal experience as I had 16mm reaction to PPD. I have a copy of the RFE and can upload a scan if it benefits the community in general.
In US, a positive skin test result is interpreted as the person having had exposure to Tuberculin bacteria in the past which are lying dorman in his/her lungs. They will want to start a 4 mnth antibiotic treatment to eliminate the dormant bacteria. I'm currently on the course, 2 pills a day, although I had negative X-Ray. :mad: :mad: :mad:
As per my doc, if one has a "POSITIVE" skin reaction to PPD test, they should never take the skin test again as there is a danger of severe inflammation.
Another point to note is that if the reaction to PPD is over 10mm (even if X-Ray is negative) USCIS might want documentation to prove that you have been evaluated by the State's Public Health Dept and undergoing treatment. This is my personal experience as I had 16mm reaction to PPD. I have a copy of the RFE and can upload a scan if it benefits the community in general.
In US, a positive skin test result is interpreted as the person having had exposure to Tuberculin bacteria in the past which are lying dorman in his/her lungs. They will want to start a 4 mnth antibiotic treatment to eliminate the dormant bacteria. I'm currently on the course, 2 pills a day, although I had negative X-Ray. :mad: :mad: :mad:
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abhijitp
01-28 08:14 PM
Tomorrow evening, can you rise to the occasion???
more...
zerozerozeven
04-10 03:36 PM
http://www.aila.org/content/default.aspx?docid=25173
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senk1s
05-08 02:29 PM
1. This is debated a lot - some attorneys feel send it only when they ask for it, some say it is better to send letter proactively
2. For these apps there can be a new attorney - i think the old G-28 for 485 will still be effective/ valid
3. As of now - it should be similar and subject to interpretation
4. Proferred wage is considered the minimum requirement - so i think it should be ok. But i dont know for a big jump
2. For these apps there can be a new attorney - i think the old G-28 for 485 will still be effective/ valid
3. As of now - it should be similar and subject to interpretation
4. Proferred wage is considered the minimum requirement - so i think it should be ok. But i dont know for a big jump
more...
pgc10
02-03 01:00 PM
My lawyer advises that there's no point in sending information to USCIS unless they ask for it, or is required by law or regulations. The chances of such unsolicited information making it to your files, or being acted upon are slim to none. If you wish, you could send the AC21 information on your own. Retaining a lawyer to send this information, and paying them a few hundred bucks to do so is sheer waste of money, in my opinion. There's no guarantee that it will avoid an RFE. USCIS does not have the time or resources to process unsolicited information. You should hire a lawyer (and have them submit a G-28) if you wish to transfer your representation to a new lawyer, and tell them that they are being retained to respond to RFEs and such. This "AC21 letter" thing is something that lawyers have come up with...its not necessary, and even if it is, you can do it yourself...all you need is an employment verification letter from your new employer.
I'd like to believe that USCIS doesn't act upon such information. However, look at this guy's case.
He says he got a "response" from USCIS after filing for AC21 stating that the information he sent was now "attached" to his existing application.
http://immigrationvoice.org/forum/showthread.php?t=23339
I'd like to believe that USCIS doesn't act upon such information. However, look at this guy's case.
He says he got a "response" from USCIS after filing for AC21 stating that the information he sent was now "attached" to his existing application.
http://immigrationvoice.org/forum/showthread.php?t=23339
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SivaMayam
07-17 07:35 PM
Dear Nachi,
I was listening to Rajiv's recent/previous conference call recordins(mp3 foramat can be found on main page) in which he said some of his clients were in similar situations and did not have any issues.
http://www.immigration.com/improving_immigration/conference_calls.html
Please listen to one of those(recent 2 recordings) you will get some answer. Also consult with your lawyer if you filed through an attorney. Keep all the papers ready just in case you need to refile...
Good luck
~S
I was listening to Rajiv's recent/previous conference call recordins(mp3 foramat can be found on main page) in which he said some of his clients were in similar situations and did not have any issues.
http://www.immigration.com/improving_immigration/conference_calls.html
Please listen to one of those(recent 2 recordings) you will get some answer. Also consult with your lawyer if you filed through an attorney. Keep all the papers ready just in case you need to refile...
Good luck
~S
more...
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bsbawa10
09-02 08:19 AM
Edit. Latest ..on my case.(with a little history) and this is hilarious.
8/21/2008 : Talk with the California Service Center (hopefully)
Me: My case has been transferred all of a sudden to California with the PD became current (on july 21, 2008), why ?
Answer: Your case has been sent back to TSC on Aug. 15th. We do not have the case any more. You can call TSC to confirm.
8/22/2008: Talk with Customer Service
Customer Service: Your case is still in California.
9/2/2008 : Info pass appointment. Talk with IO
IO: Your case is still in TSC but will be transferred to CSC soon.
I cannot believe such an organization exists in the world.
************************************************** *********************************
8/21/2008 : Talk with the California Service Center (hopefully)
Me: My case has been transferred all of a sudden to California with the PD became current (on july 21, 2008), why ?
Answer: Your case has been sent back to TSC on Aug. 15th. We do not have the case any more. You can call TSC to confirm.
8/22/2008: Talk with Customer Service
Customer Service: Your case is still in California.
9/2/2008 : Info pass appointment. Talk with IO
IO: Your case is still in TSC but will be transferred to CSC soon.
I cannot believe such an organization exists in the world.
************************************************** *********************************
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santb1975
03-24 12:37 PM
I am listening to this now
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zCool
02-25 10:38 PM
Do not move to IT!
Are you crazy?? IT is indentured servitude for some desi consultant!
stay away.. there are already plenty of slaves..
Are you crazy?? IT is indentured servitude for some desi consultant!
stay away.. there are already plenty of slaves..
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gc03
12-08 08:58 AM
Senator Judd Gregg (R-NH) 3rd-term Republican from New Hampshire.
Contact Information
Web Site: gregg.senate.gov
Washington Office:
393 Russell Senate Office Building
Washington, D.C. 20510-2904
Phone: (202) 224-3324
Fax: (202) 224-4952
Main District Office:
125 N. Main St.
Concord, NH 03301
Phone: (603) 225-7115
*************************
Senator John E. Sununu (R-NH) 1st-term Republican from New Hampshire.
Contact Information
Web Site: sununu.senate.gov
E-mail: mailbox@sununu.senate.gov
Washington Office:
111 Russell Senate Office Building
Washington, D.C. 20510-2903
Phone: (202) 224-2841
Fax: (202) 228-4131
Main District Office:
1589 Elm St., Ste. 3
Manchester, NH 03101
Phone: (603) 647-7500
Fax: (603) 647-9352
*************************
Representative Charles Bass (R-NH 2nd) 6th-term Republican from New Hampshire.
Contact Information
Web Site: www.house.gov/bass
E-mail: cbass@mail.house.gov
Washington Office:
2421 Rayburn House Office Building
Washington, D.C. 20515-2902
Phone: (202) 225-5206
Fax: (202) 225-2946
Main District Office:
142 N. Main St.
Concord, NH 03301
Phone: (603) 226-0249
Fax: (603) 226-0476
=========================
Just called all 3 senators and asked to Support the High-Skilled Immigrant Interim Relief Act of 2006
Very EASY.
Contact Information
Web Site: gregg.senate.gov
Washington Office:
393 Russell Senate Office Building
Washington, D.C. 20510-2904
Phone: (202) 224-3324
Fax: (202) 224-4952
Main District Office:
125 N. Main St.
Concord, NH 03301
Phone: (603) 225-7115
*************************
Senator John E. Sununu (R-NH) 1st-term Republican from New Hampshire.
Contact Information
Web Site: sununu.senate.gov
E-mail: mailbox@sununu.senate.gov
Washington Office:
111 Russell Senate Office Building
Washington, D.C. 20510-2903
Phone: (202) 224-2841
Fax: (202) 228-4131
Main District Office:
1589 Elm St., Ste. 3
Manchester, NH 03101
Phone: (603) 647-7500
Fax: (603) 647-9352
*************************
Representative Charles Bass (R-NH 2nd) 6th-term Republican from New Hampshire.
Contact Information
Web Site: www.house.gov/bass
E-mail: cbass@mail.house.gov
Washington Office:
2421 Rayburn House Office Building
Washington, D.C. 20515-2902
Phone: (202) 225-5206
Fax: (202) 225-2946
Main District Office:
142 N. Main St.
Concord, NH 03301
Phone: (603) 226-0249
Fax: (603) 226-0476
=========================
Just called all 3 senators and asked to Support the High-Skilled Immigrant Interim Relief Act of 2006
Very EASY.
more...
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mantagon
07-23 11:02 AM
is in RED.
Thank you for all the responses.
One question remains though that what does it mean when the I-94 says paroled till 3rd March 2009?
Not much, really!
How does one prove the legal status in the country?
Since your wife entered the US by showing AP, her legal status is "Pending AOS" and the proof is the USCIS receipt notice of I-485 that you filed for her!
Thank you for all the responses.
One question remains though that what does it mean when the I-94 says paroled till 3rd March 2009?
Not much, really!
How does one prove the legal status in the country?
Since your wife entered the US by showing AP, her legal status is "Pending AOS" and the proof is the USCIS receipt notice of I-485 that you filed for her!
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a_yaja
01-08 07:53 PM
He can send the I-94 to the nearest consulate by mail and a brief letter with all the details.
Embassies do not handle these matters. Departure and arrival records are maintained by Customs and Border Patrol (CBP). Here is the link for instructions on what to do if you did not surrender the I-94:
http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=752&p_created=1077641280&p_sid=RGQ8g3Hh&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9OCZwX3Byb2RzPTAmcF9jYXRzPTAmcF9wdj0mcF9 jdj0mcF9zZWFyY2hfdHlwZT1hbnN3ZXJzLnNlYXJjaF9ubCZwX 3BhZ2U9MSZwX3NlYXJjaF90ZXh0PUktOTQ*&p_li=&p_topview=1
Embassies do not handle these matters. Departure and arrival records are maintained by Customs and Border Patrol (CBP). Here is the link for instructions on what to do if you did not surrender the I-94:
http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=752&p_created=1077641280&p_sid=RGQ8g3Hh&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9OCZwX3Byb2RzPTAmcF9jYXRzPTAmcF9wdj0mcF9 jdj0mcF9zZWFyY2hfdHlwZT1hbnN3ZXJzLnNlYXJjaF9ubCZwX 3BhZ2U9MSZwX3NlYXJjaF90ZXh0PUktOTQ*&p_li=&p_topview=1
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Raju
06-13 09:00 AM
Hi
I have given up hopes of getting an H-1B through the Master's quota. I applied on April 4. So there are no hopes anyway.
Now how can one get an H-1B through a non-profit organization. My understanding of this process is not very clear. I was under the impression (wrong impression!!) that if I can get a job at a Non-Profit place through a consulting company(I am an employee of the consulting company and not the Non-Profit org) and because my workplace is at a non-profit organization, I can get an H-1B that qualifies as one that belongs to the Non-Profit H-1B category.
Please clarify. I am trying to understand this clearly.
Thanks very much
I dont think this will fly. This is a stretch. There is nothing to understand here. Claerly, you are an employee of consulting firm, which is a for profit organisation. Your H-1B is filed by the consulting company and not the non-profit organisation.
I have given up hopes of getting an H-1B through the Master's quota. I applied on April 4. So there are no hopes anyway.
Now how can one get an H-1B through a non-profit organization. My understanding of this process is not very clear. I was under the impression (wrong impression!!) that if I can get a job at a Non-Profit place through a consulting company(I am an employee of the consulting company and not the Non-Profit org) and because my workplace is at a non-profit organization, I can get an H-1B that qualifies as one that belongs to the Non-Profit H-1B category.
Please clarify. I am trying to understand this clearly.
Thanks very much
I dont think this will fly. This is a stretch. There is nothing to understand here. Claerly, you are an employee of consulting firm, which is a for profit organisation. Your H-1B is filed by the consulting company and not the non-profit organisation.
lskreddy
12-05 12:04 AM
http://minx.cc/?post=279217
you live your life dude, don't let any other M'fer control it!!!
I think that about sums it up the best way possible. Gosh, I wish a chernobyl would happen in the areas that mofos come from and wipe them out.
you live your life dude, don't let any other M'fer control it!!!
I think that about sums it up the best way possible. Gosh, I wish a chernobyl would happen in the areas that mofos come from and wipe them out.
akkakarla
08-05 06:04 PM
Step 1: You will be called for interview by random picking of applications,if the person is arrested and answered yes to if you ever got arrested(95% of the cases will be interviewed,if the people gets suspicision about the applicant and/or sponsoring company.
Step 2: The applicant will be notified about transfer of I485 petition to the local office in email. This stops all LUD's on the case and they pretty much dependent on the local office communication and no updates on their case online.
Step 3: The Local offices will schedule the interview based on the workload and the processing timelines.They will not stop interviewing because of the retrogression.
Step 4: They send out the interview letters either to attorney and/or applicant 2-3 weeks ahead and they specifically mention in block letters the documents they are looking for in addition the original documentation submitted.
Step 5: Attend the interview and make sure to take all the necessary documents listed below:
1 The AOS interview notice letters
2 Passport, I-94s
3 EADs (latest and expired)
4 The fingerprint interview notice letters
5 Letter from old-employer-name
6 new-employer-name Employee varification letter
7 new-employer-name pay-stubs for current and past year
8 new-employer-name Consultant varification letter
9 Marriage Certificate
10 Birth Certificates
11 Couple of Marriage Photographs
12 Degree certificates/transcripts
13 The receipts of last fingerprint
14 Copy of I-485 transfer notice to local office (least Important)
15 Copy of I-485 receipt notice
16 Copy of documents when we applied for I-485 ( if available)
17 Copy of Letter from old-employer-name to INS written on 2/12/2002 with I-485 app.
18 Copy of I-140 approval notice ( if available)
19 Copy of Labor Approval ( if available)
20 W2 and Tax Returns
21 Employee/W2 wages List
22 Latest bank statements and utility bills
To the best of my knowledge these are the documents I may miss one or two.
Step 6: Once the interview is completed and the officer is satisfied with the documents and answers he will take the passports and check for the visa number to the A#. If he feels some discrepancy they will say that they will send the decision in mail which means we need to embrace for anything.
Step 7: If the visa number is issued from DOS he will then stamp the passport with I551 stamping and the card will be sent in week or two. If the decision is being sent in mail it generally(30%-70% of the times is rejection or asking for additional proof).
PS: It is not adviseable to reschedule the interview date. Once the date is reschedule one has to be prepared for long periods of time.It is good to get it done and get the moneky of our backs.
If you really need to reschedule the interview that is already scheduled one MUST MAKE SURE that the USCIS Local Offices are updated and get a written confirmation if possible otherwise the case will be considered abandoned.
Step 2: The applicant will be notified about transfer of I485 petition to the local office in email. This stops all LUD's on the case and they pretty much dependent on the local office communication and no updates on their case online.
Step 3: The Local offices will schedule the interview based on the workload and the processing timelines.They will not stop interviewing because of the retrogression.
Step 4: They send out the interview letters either to attorney and/or applicant 2-3 weeks ahead and they specifically mention in block letters the documents they are looking for in addition the original documentation submitted.
Step 5: Attend the interview and make sure to take all the necessary documents listed below:
1 The AOS interview notice letters
2 Passport, I-94s
3 EADs (latest and expired)
4 The fingerprint interview notice letters
5 Letter from old-employer-name
6 new-employer-name Employee varification letter
7 new-employer-name pay-stubs for current and past year
8 new-employer-name Consultant varification letter
9 Marriage Certificate
10 Birth Certificates
11 Couple of Marriage Photographs
12 Degree certificates/transcripts
13 The receipts of last fingerprint
14 Copy of I-485 transfer notice to local office (least Important)
15 Copy of I-485 receipt notice
16 Copy of documents when we applied for I-485 ( if available)
17 Copy of Letter from old-employer-name to INS written on 2/12/2002 with I-485 app.
18 Copy of I-140 approval notice ( if available)
19 Copy of Labor Approval ( if available)
20 W2 and Tax Returns
21 Employee/W2 wages List
22 Latest bank statements and utility bills
To the best of my knowledge these are the documents I may miss one or two.
Step 6: Once the interview is completed and the officer is satisfied with the documents and answers he will take the passports and check for the visa number to the A#. If he feels some discrepancy they will say that they will send the decision in mail which means we need to embrace for anything.
Step 7: If the visa number is issued from DOS he will then stamp the passport with I551 stamping and the card will be sent in week or two. If the decision is being sent in mail it generally(30%-70% of the times is rejection or asking for additional proof).
PS: It is not adviseable to reschedule the interview date. Once the date is reschedule one has to be prepared for long periods of time.It is good to get it done and get the moneky of our backs.
If you really need to reschedule the interview that is already scheduled one MUST MAKE SURE that the USCIS Local Offices are updated and get a written confirmation if possible otherwise the case will be considered abandoned.
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