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  • ssdtm
    02-23 10:31 PM
    As far as I know, there is no "filing of AC21 with an attorney". Please be more specific as this is not clear.

    AC21 is something on basis of which you can change employer. If you get an RFE than you simply have to prove that you used AC21 to change employer. That's it.

    Some people proactively send a letter to USCIS informing that they are using/have used AC21 to change their employer. But based on various attorneys feedback, opinion is that USCIS does not really use that letter for anything if sent proactively just to inform USCIS that you are using AC21.





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  • LondonTown
    05-25 08:03 AM
    Sent the fax.. going to call...





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  • desi3933
    07-08 11:08 AM
    While on AoS, are we classified as US Resident - as long as we pass the IRS resident test of presence in US.

    Thank You and best wishes

    While AoS is pending, the status is Temp US Resident. This is same on H1/L1/H4/L2.

    This is nothing to do with status for tax filing. Example: one staying at B1 status for 183+ days will be classified as US resident just for tax filing (if he has income such as share income), for all other purposes he is still a visitor.

    .





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  • praveen888
    04-09 09:45 PM
    Ken,

    I am on same boat. Mine and my wife case also transfered from Texas to Orlando,FL.My PD is EB2 sep06 and we filed 485 July2nd'07.140 approved in March07.

    We never worked in FL state.

    My case is tranfered on 8th April'08 and a LUD today(9th April 08).



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  • green007
    07-17 06:05 PM
    I Am Going To Make My Contribution Now.this Devolopment Clearly Shows The Edge Of A Forum Like This.this Forum Will Be A Great Help For All Our Future Legal Immigrants. We Also Came To Know The Organisations Like Aila Or Alia Or Murthy.com Or Immigration.com All Work On Certain Interest And Immigration Voice Is Working With Only Our Interest.hare Krishna Hare Rama To Iv.conratulations To All Members. :) :) :) :) :) :) :)





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  • sk.aggarwal
    05-23 11:09 AM
    Yes, but if I were you, I would definately check with my attorney.



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  • wandmaker
    10-12 04:25 PM
    My wife got her H1b in 2007 and she was working for the company for 1 year and then she delivered in Oct 08 and since Oct 2008 she's on maternity leave. She was supposed to join back but because of the downturn her employer asked to extend the maternity leave and its an year almost. During this whole period her employer is ok and he has not removed her job. Is my wife is in status? I read on the web that the maternity leave is mutual as long as the employer and employee exists its ok. But my question is that is there a time limit on that. Also she's not getting paid for the full year when she was on maternity leave. The state remains the same now also. So what are right steps to do.....
    Change to H4 till the employer asks to join back and then change to H1?

    Please suggest

    As other posted mentioned, 6 months is ok and justifiable because most of the companies allow mothers to bond with the kid. 1 year seems a stretch! I agree with gcformeornot and my2cents, if you are unable to justify and prove the employer-employee relationship then she is out of status.





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  • garybanz
    12-01 04:11 PM
    I guess you can still argue that a QA Analyst job is quite similar to a SAP BI Analyst...it's not like you are running a restaurant or selling cars.

    Talk to a good attorney.


    Hi,

    I am on EAD with my GC sponsor, 485 pending - PD Dec2006. I was a Sr.QA Analyst while my Labor was filed. Those job responsibilities were submitted in labor along with generic titles like programmer analyst etc.

    Now that I have planned a technology change, I am moving into SAP BI. As it is getting tough to get contract positions and lot of FTE opportunities. I am wondering what my options are. Having said that I am also anticipating my PD to be current in july/aug/sep 2011.

    I was told by my employer that I could temporarily resign , take a FT with another company and join back within 6 months.
    During this time they would continue with my green process.

    In this situation while I am very close ( 6-9 months) for my PD to be current, what are my best options?

    1. AC21 - get it all done with new company ? Job title from Sr.Qa to SAP BI would it be a problem?

    2. Temporary resignation and rejoining - is it really feasible?

    3. Stay with current company - try for contract positions even if it means that I have to stay long on bench. I have been already out since Aug.

    Please pour in your thoughts.

    Thanks for your help.



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  • India76
    09-17 02:08 PM
    one more question... if I reenter using my AP then IO always take you to some place/room to verify something or its sometimes/randomly only? I just realize that my connection time while coming back from one airport(POE) to another is just 2 hours.





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  • yagw
    03-16 12:39 PM
    Mine is TSC. Is TSC sending RFEs too? BTW, I Updated my profile.

    One thing that is certain is, the uncertainty of the USCIS :) So, no definite answer to if/when you will get RFE.



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  • desi3933
    06-24 12:13 PM
    ..........

    My questions are:
    1. What happens to my wife's I-485 application, should I choose to leave my job and go back to school ?
    2. Will her EAD still be valid if I leave my job ?
    2. I am planning to go full-time starting Fall 2010. Will we be able to renew her EAD independent of my work status ?

    Thanks a lot for your time and attention,

    1. No Impact. Since you have been working for GC employer for a while, you can use green card to work for any employer, study, or not to work at all.
    2. Her EAD is based on her I-485 application. Her EAD will be valid.
    3. See #2.

    Good Luck.


    __________________
    Not a legal advice.





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  • gc28262
    01-15 09:33 AM
    I paper filed AP at TSC on Dec 14 ( Renewal)
    Check cashed on Dec 16
    Ap received on Jan 9

    Total : 3 weeks

    Paper filing works better for AP at TSC.
    ( I had a bad experience when I E-filed at TSC last time.)



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  • Vlora
    10-25 05:27 PM
    It is hard to say. I am in the same situation as you (filed concurrently by June 21). I believe it is not worth giving them an extra $1000, and for what. You already have filed your I-485. What is the downside?





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  • Hopeful123
    09-25 05:19 PM
    "Document mailed to applicant" can mean anything.For me it was a call for finger printing (second time). Uscis (or IBM) was lazy to create different status messages and that's causing a lot of confusion. Check with your lawyer to see if you recieved any intimation from USCIS recently.



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  • nvmurali
    06-02 02:40 PM
    Hi,

    I've already completed my 6 yrs on H1, have my 140 approved, applied for extension and got it (before 6 yr expiry). The extension has been approved for 3 years.

    Now -- I need to change employers as my employer is asking me to become full time from consulting.

    2 questions:
    1. Can I use this extension to change employers?

    2. Can I start the GC process with the 140 priority date? (Feb '08)?

    Thanks

    PS: I apologize if this is in the wrong forum.





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  • edaltsis
    09-29 10:59 AM
    hi,

    I can give my consultant name and they r very good in salary as well as GC process. If you interested pls let me know.

    regards,
    c
    What do you mean by 'my consultant'? If you are working for a company, you are the consultant/employee but a company wont be a 'consultant'.



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  • bala50
    09-01 10:04 AM
    bashir,

    Write a detailed letter explaining all the issues. Get an experience letter as required from company A or from co-workers of company A. And talk to a good attorney , you should be fine.





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  • funny
    09-22 04:04 PM
    Keep that cell phone handy and take 20 mins from your time today..





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  • inspectorfox
    08-04 10:45 PM
    Mine was upgraded to Premium by my company after waiting 15 months (see signature). Two days after it was upgraded, my I-140 was approved. Then company lawyer sent inquiry to USCIS on my I-485 after that I saw LUD on 9/15,9/16,9/17 then nothing. Then another LUD on 10/25,10/26 then on 10/27 i got 21 emails from CRIS, our 485 was approved (family of 5). So I think it's worth it. I thought I am stucked with name/background check but I guess I am not since they approved my I-485. So good luck to you guys !!

    WOW... It's hard for me to believe this. I think it's all your good karma.
    I filed my I140 in Oct 2006. RFE for Ability to Pay. Replied to this RFE in Feb 2007. I noticed no progress on my case so I decided to upgrade to PP on June 15. Still no decision. Took INFOPASS appointment on 07/27 to check case status was told USCIS got the Missing Documents on June 15 (Surprise Surprise - No documents were ever sent) and case has resumed normal processing. Lawyer says USCIS Officer did not provide correct information to me... He got an email stating my case has been moved to the Review Department of TSC for background check. Its 303 days today since I filed my case and I would appreciate if someone could guide me if there is a way to expediate the processing.

    User: InspectorFox
    Labor Filing Date: 10 Oct 2005
    Service Center: Texas
    Processing Type: premium
    Category: EB3
    Filing Type: non-concurrent
    USCIS Receipt Date: 05 Oct 2006
    USCIS Notice Date: 28 Nov 2006 RFE: yes
    RFE Reply Date: 06 Feb 2007 I-140 Status: pending
    Nationality: India
    LUD: 07/28, 06/19, 06/18, 06/15, 02/14, 02/08, 11/28, 10/05
    STRUCK BY SECURITY CHECK -





    ajp5
    10-20 01:36 AM
    Thx for response.

    I understand I need a job for H1 extension, but what I am asking is if we need W2 for H1 extension. Any one?

    You might need it.....you might not..When it comes to USCIS even God will not be able to predict. They might issue an RFE, might not. However, if you are with a bodyshopper and in IT I believe its common nowadays for USCIS to ask for 2 years W2s and recent paystubs to make sure you have maintained H1b Status.
    6+ months without paystubs - you should be ready to explain if they ask. I empathize with your situation. Running payroll taxes for an entire year is crazy...approx 20k..not to mention "ILLEGAL". My suggestion - try and find a project asap. Do what you think needs to be done.......Dont loose sleep over something you cannot predict. Everyone needs a break and you might get yours sooner than you think. Hang on..........ATB.





    jayleno
    08-31 09:40 AM
    GCFISH,
    whaddoyammean by 90% of us? Speak for yourself. Who did the statistic anyway. stuckinretro is right to some extent atleast from my experience.



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