skgc
04-01 01:33 AM
Hi All,
I have a question about invoking AC21 using EAD vs AC21 using H1B.
My status is as follows:
- approved 140 from a BIG company with BIG lawyers, but company going down.
- more than 180 days since filing 485
- H1B valid till March 2010.
- I have been on H1B since 2001
- WILL BE LAID OFF THIS WEEK.
I do not know if my sponsoring employer will revoke my 140, but I believe it should not matter.
My question however is regards to the EAD/H1B usage after revoking AC21.
I may get an offer from a company that is small with limited funding. They are not willing to do my H1B and want me to use EAD. I wanted to keep my H1B valid, but the company will make me pay for it. And given that I will have to apply for extension soon, I will have to pay for it again. So monetarily, its not good for me.
So I thought of using EAD for the new job. But if I want to get back to H1B later, i have the following questions:
1. Can I go back to H1B again after using EAD
2. Will I be subjected to the cap?
3. What should I do to get back to H1B?
4. Can I do it without leaving the country?
5. Will the financial of the new company matter. Its a valid startup and my job will be similar. I will take a pay cut, but I believe it should not matter for AC21.
6. Any other advice, anyone?
I would really appreciate if someone could help me out.
regards,
ssk
ps: i have donated and been active in the forum earlier under a different name. i lost that id, hence created a new one. so please dont reply asking me to donate first.
I have a question about invoking AC21 using EAD vs AC21 using H1B.
My status is as follows:
- approved 140 from a BIG company with BIG lawyers, but company going down.
- more than 180 days since filing 485
- H1B valid till March 2010.
- I have been on H1B since 2001
- WILL BE LAID OFF THIS WEEK.
I do not know if my sponsoring employer will revoke my 140, but I believe it should not matter.
My question however is regards to the EAD/H1B usage after revoking AC21.
I may get an offer from a company that is small with limited funding. They are not willing to do my H1B and want me to use EAD. I wanted to keep my H1B valid, but the company will make me pay for it. And given that I will have to apply for extension soon, I will have to pay for it again. So monetarily, its not good for me.
So I thought of using EAD for the new job. But if I want to get back to H1B later, i have the following questions:
1. Can I go back to H1B again after using EAD
2. Will I be subjected to the cap?
3. What should I do to get back to H1B?
4. Can I do it without leaving the country?
5. Will the financial of the new company matter. Its a valid startup and my job will be similar. I will take a pay cut, but I believe it should not matter for AC21.
6. Any other advice, anyone?
I would really appreciate if someone could help me out.
regards,
ssk
ps: i have donated and been active in the forum earlier under a different name. i lost that id, hence created a new one. so please dont reply asking me to donate first.
wallpaper londe hair with lowlights and
Refugee_New
08-18 03:11 PM
With this issue of priority date taking a back seat to notice date when dates are current :
While it is frustrating to the people with older priority dates (including me); it could very well be that USCIS is approving people with later priority dates sooner because its simply easier for them to do so. I really hope that this trend does not last beyond Aug-Sep. And in October, for EB2 - I, there is still a good likelihood that for people with priority dates < 2004, dates may still be current. So they can very well be approved from Oct onwards. So if I have to sacrifice a few months of waiting time to make sure visa numbers dont go wasted. I am prepared to do so.
Also it is very likely that people with older priority dates have a longer history in the US. So USCIS might need more time correlating all entry/exit time stamps, making sure we were in status all this while; but a person with 2006 priority date might have entered the US in 2005 & so less history to check.
Also there is the case where later priority dates were using PERM. since PERM was made to be less abusive than the previous LC process, maybe they take less time cross checking LC data.
immigration trackers.
One more guy with "LOW HANGING BALL" analogy. Hey Lord Labaku, romba nalla peru (very nice name but das is missing)
While it is frustrating to the people with older priority dates (including me); it could very well be that USCIS is approving people with later priority dates sooner because its simply easier for them to do so. I really hope that this trend does not last beyond Aug-Sep. And in October, for EB2 - I, there is still a good likelihood that for people with priority dates < 2004, dates may still be current. So they can very well be approved from Oct onwards. So if I have to sacrifice a few months of waiting time to make sure visa numbers dont go wasted. I am prepared to do so.
Also it is very likely that people with older priority dates have a longer history in the US. So USCIS might need more time correlating all entry/exit time stamps, making sure we were in status all this while; but a person with 2006 priority date might have entered the US in 2005 & so less history to check.
Also there is the case where later priority dates were using PERM. since PERM was made to be less abusive than the previous LC process, maybe they take less time cross checking LC data.
immigration trackers.
One more guy with "LOW HANGING BALL" analogy. Hey Lord Labaku, romba nalla peru (very nice name but das is missing)
acpani
08-28 12:00 PM
same boat
2011 londe hair highlights
surabhi
09-24 11:39 AM
I have no problem with porting, but the priority date should be starting from when they acquired required qualifications for the job.
Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.
This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.
Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.
This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.
more...
sheela
08-01 05:02 PM
I looked at both the service center webpages(texas & nebraska) & I-485 application has to be sent to Nebraska only.I do not understand now why they are transferring the application from nebraska to Texas
if I-140 is approved at Texas.
Has anyone have any idea?
My I-140 mailed/delivered at TSC was approved in 20 days (2/2006). Attorney mailed AOS at NSC (delivered on 7/2/07: he said all EB applications has to go to NSC irrespective of the center of I-140 appoval). I donot understand if it is to be transferred to TSC why it should have been invited at NSC-may be receipt #s are generated at NSC and cases are transferred electronically to different centers for handling depending upon work load of the center. NSC may be the monitoring center. Going by discussions here it looks like TSC is quick and fast. Any guesses?
if I-140 is approved at Texas.
Has anyone have any idea?
My I-140 mailed/delivered at TSC was approved in 20 days (2/2006). Attorney mailed AOS at NSC (delivered on 7/2/07: he said all EB applications has to go to NSC irrespective of the center of I-140 appoval). I donot understand if it is to be transferred to TSC why it should have been invited at NSC-may be receipt #s are generated at NSC and cases are transferred electronically to different centers for handling depending upon work load of the center. NSC may be the monitoring center. Going by discussions here it looks like TSC is quick and fast. Any guesses?
sripk
09-10 04:52 AM
I had a chance to file in EB2 with master's degree but my attorney screwed it up and filed in EB3 category instead and now i can't even port to EB2 as my company is no longer supporting new PERM applications due to bad economy. I am usually optimistic but with the current economic conditions and bleak chances of any immigration fix, I feel we are fighting a losing battle. God help us all in EB3 category.
more...
tsnaresh
11-18 12:03 PM
Done, thank you for initiating this campaign.
2010 londe hair highlights
StarSun
02-07 08:34 AM
Thank you members for donating.
more...
snathan
02-25 10:03 PM
Akhil,
I could convince 3 of my colleagues who are READY RIGHT NOW to contribute $1000.00 each. I can do $500.00.
But they asked me just one question. What is the action plan that IV is collecting these monies from prospective immigrants who are already in pain due to this economy and all that. I did tell them about July 07, flower campaign, but they are not willing to listen. They said they did not contribute at that time due to some reasons, but they now want to contribute big way. They have a much bigger friend's circle than mine who are also doing good from top schools who may contribute too. They may also register in IV soon.
But their only question is "What is the action plan for FUTURE". Can you please help.
I am confused myself with the same question, no offense. Like me, they wouldnt wait and wait forever for things to happen. We Strongly believe in any action towards goals. Trust me, we need lots of money, but the way they responded made me feel uncomfortable.
I do have the same question. I dont see people come forward and contribute untill they see something or any clarity.
I could convince 3 of my colleagues who are READY RIGHT NOW to contribute $1000.00 each. I can do $500.00.
But they asked me just one question. What is the action plan that IV is collecting these monies from prospective immigrants who are already in pain due to this economy and all that. I did tell them about July 07, flower campaign, but they are not willing to listen. They said they did not contribute at that time due to some reasons, but they now want to contribute big way. They have a much bigger friend's circle than mine who are also doing good from top schools who may contribute too. They may also register in IV soon.
But their only question is "What is the action plan for FUTURE". Can you please help.
I am confused myself with the same question, no offense. Like me, they wouldnt wait and wait forever for things to happen. We Strongly believe in any action towards goals. Trust me, we need lots of money, but the way they responded made me feel uncomfortable.
I do have the same question. I dont see people come forward and contribute untill they see something or any clarity.
hair londe hair highlights
GC1027
11-21 11:18 AM
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
Hi Mehul,
I cannot tell you how sorry I am for your current situation. Please don't give up and consult other physicians. I personally know couple of people who were scared by the doctors about having a serious health condition but they totally recovered and are fine now. The doctors here just alert you about the worst that could happen to save themselves from being sued. So please don't lose hope and try other methods.
I am sure USCIS will consider your situation and your wife will get her GC without any problems. You just have to go in the right route. Contacting an attorney would be the way to go.
Our best wishes are with you!
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
Hi Mehul,
I cannot tell you how sorry I am for your current situation. Please don't give up and consult other physicians. I personally know couple of people who were scared by the doctors about having a serious health condition but they totally recovered and are fine now. The doctors here just alert you about the worst that could happen to save themselves from being sued. So please don't lose hope and try other methods.
I am sure USCIS will consider your situation and your wife will get her GC without any problems. You just have to go in the right route. Contacting an attorney would be the way to go.
Our best wishes are with you!
more...
dtekkedil
07-06 04:26 PM
http://www.1888flowermall.com/_e/loc/product/FBQ405%2DRO/_1_Bouquet_Artificial_7_5_Silk_Rose_Pink_Sweethear t_Rose_Bouquet.htm
Those are FAKE flowers!!!
Send real ones!!
Those are FAKE flowers!!!
Send real ones!!
hot Dark Blonde Hair With
Refugee_New
08-18 02:53 PM
Ok people, the *F* bomb is being thrown about a LITTLE too much here.
Wasn't that appropriate here? Aren't they use this word in day to day life?
Wasn't that appropriate here? Aren't they use this word in day to day life?
more...
house of caramel lowlights and
hiralal
05-09 03:34 PM
yes ..I agree with most of the above. the new admin is more protectionist .. I wonder if the analysis will show that a large number of immigrant visas were wasted !!!
in republicans you have 20% against immi but democrats maybe 80% against
hopefully BJP will come to power in India and retaliate against nuclear deal ..and then they will realise that protectionism cuts both ways !!
in republicans you have 20% against immi but democrats maybe 80% against
hopefully BJP will come to power in India and retaliate against nuclear deal ..and then they will realise that protectionism cuts both ways !!
tattoo with highlights, lowlights
gene77
02-06 04:08 PM
Hi Gene,
The main two applications you need to file is 1) PR card 2) SIN card.
No, you cannot file for the PR card online and as far as I know same goes for the SIN card.
1) The officer will take down your information for the PR card during the landing process. The picture you sent them will be used for this and no need to take new pictures. However you need to give them a Canadian address for them to send you the PR card. They will not accept a US address and no PO boxes. So I suggest that you give a friend's or relatives's address if you plan to return to the US after landing. After your friend receives the PR card he can mail it to you in the US.
2) During the landing procedure you will receive a packet of documents and it will have information on how to apply for your SIN card. All you need to do is go to one of their offices on a weekday during working hours with your landing papers and fill a form. There too you need to provide a Canadian address.
In addition to these you must bring with you a list of goods you are bringing with you and a list of goods that will arrive later. This is to be submitted to Canadian customs. Then you must bring bankstatements etc proving that you have the required amount of funds.
When I landed I had not applied for AOS. So I am not sure what kind of effect the Canadian PR will have when you return to the US. Hope someone who landed after filing 485 would throw some light on that.
You can return whenver you wish after landing. But you will need some time to file for your SIN card. I landed on a Friday afternoon and came back the following Monday. Why not make a mini vacation of it? I landed in Toronto and it's a great city.
Hope this helps.
a
The main two applications you need to file is 1) PR card 2) SIN card.
No, you cannot file for the PR card online and as far as I know same goes for the SIN card.
1) The officer will take down your information for the PR card during the landing process. The picture you sent them will be used for this and no need to take new pictures. However you need to give them a Canadian address for them to send you the PR card. They will not accept a US address and no PO boxes. So I suggest that you give a friend's or relatives's address if you plan to return to the US after landing. After your friend receives the PR card he can mail it to you in the US.
2) During the landing procedure you will receive a packet of documents and it will have information on how to apply for your SIN card. All you need to do is go to one of their offices on a weekday during working hours with your landing papers and fill a form. There too you need to provide a Canadian address.
In addition to these you must bring with you a list of goods you are bringing with you and a list of goods that will arrive later. This is to be submitted to Canadian customs. Then you must bring bankstatements etc proving that you have the required amount of funds.
When I landed I had not applied for AOS. So I am not sure what kind of effect the Canadian PR will have when you return to the US. Hope someone who landed after filing 485 would throw some light on that.
You can return whenver you wish after landing. But you will need some time to file for your SIN card. I landed on a Friday afternoon and came back the following Monday. Why not make a mini vacation of it? I landed in Toronto and it's a great city.
Hope this helps.
a
more...
pictures Poppy Montgomery#39;s long londe
smitin_2000
09-09 07:19 PM
visa bulleting indicates what is going to happen to EB3-I for 2009-10 year, in next 3-4 months it will again become U, with date around Nov'01, and that's it, unless CIR get passed (don't know when........) with some urgently needed fix for EB category, it is hopeless atleast for EB3-I folks
dresses By Best Hair Trends
gc_peshwa
11-17 04:45 PM
Pappu
Running this thread to thousands of pages alone is not gonna help us. Do you guys have a conference call where I can join and take up some action items?
IF IV has to throw its might behind this bill we need to:
-Reach out to ALL lawmakers, target who are susceptible (Sen. Brown from MA for example)
-Use phone calls (Can we have a mass phone campaign)
-Radio shows (Do we have a Radio show in Washington DC where IV can get Air time. I am sure lawmakers do listen to Radio shows)
-Email (what this thread is about right now)
Running this thread to thousands of pages alone is not gonna help us. Do you guys have a conference call where I can join and take up some action items?
IF IV has to throw its might behind this bill we need to:
-Reach out to ALL lawmakers, target who are susceptible (Sen. Brown from MA for example)
-Use phone calls (Can we have a mass phone campaign)
-Radio shows (Do we have a Radio show in Washington DC where IV can get Air time. I am sure lawmakers do listen to Radio shows)
-Email (what this thread is about right now)
more...
makeup images londe hair highlights
gc28262
03-07 11:02 AM
Good point, has anybody asked this to any lawyer ? Can we challenge this in court ? This is the definition of judiciary review...If we can proove the country cap to be unconstitutional..
Judicial Review is when the Supreme Court reviews an act of Congress to see if it is Constitutional.
Judicial Review is the power of the Supreme Court to declare a law unconstitutuion (violation against the laws of the Constitutuion).
Do we have any reference to say it is unconstitutional ? If EB country cap is unconstitutional, FB cap would be unconstitutional too.
IMO this entire country cap rule has racist intent. If the caps were to promote diversity, the cap should be based on ethnicity of US population (ctizens and GC holders). Are Indians and Chinese a a mjority in this country ? No.
How does putting a cap on total visa allocation per year promote diversity ?
Judicial Review is when the Supreme Court reviews an act of Congress to see if it is Constitutional.
Judicial Review is the power of the Supreme Court to declare a law unconstitutuion (violation against the laws of the Constitutuion).
Do we have any reference to say it is unconstitutional ? If EB country cap is unconstitutional, FB cap would be unconstitutional too.
IMO this entire country cap rule has racist intent. If the caps were to promote diversity, the cap should be based on ethnicity of US population (ctizens and GC holders). Are Indians and Chinese a a mjority in this country ? No.
How does putting a cap on total visa allocation per year promote diversity ?
girlfriend Highlights, lowlights
jonty_11
07-28 12:07 PM
It is great to see human nature at work. Once united and making phone calls for the 3 lofgren Bills...the same folks are mulling it out over EB2, EB3 and how most of the folks dont even deserve to be either....Interesting fodder for Anti Immi folks.....
W/o demand there is no supply or acceptance of Foriegn nationals in an alien land. Obviously there are some that abuse teh system...
But that is not the intention of IV to solve for rooting the abusers out. Its the USCIS's job to do that. Like they abolished the Subs labor process.....they may as well make EB1, 2 and 3 more restrictive they actually did make EB2 more restrictive when PERM was launched...
So lets all concentrate on what our role in this whole mess is..that is to support IV wholeheartedly...Please focus on the big picture and enjoy life!!!!!!!!!
W/o demand there is no supply or acceptance of Foriegn nationals in an alien land. Obviously there are some that abuse teh system...
But that is not the intention of IV to solve for rooting the abusers out. Its the USCIS's job to do that. Like they abolished the Subs labor process.....they may as well make EB1, 2 and 3 more restrictive they actually did make EB2 more restrictive when PERM was launched...
So lets all concentrate on what our role in this whole mess is..that is to support IV wholeheartedly...Please focus on the big picture and enjoy life!!!!!!!!!
hairstyles londe hair highlights and
sathweb
01-30 01:05 PM
You are already out of status as H1 accounts for continuous employment along with regular pay. H1 visa, job and pay go hand in hand. Any one component missing means you are out of status.
There is no grace period. As the earlier member said, it is a gray area without any specific guidelines. I have seen people stay out of job (status) for 4 months and have used portability or consulate stamp upon getting a new job. It all depends on the IO.
BTW, did you ever realize how unethical it is to use a consultant for acquiring a H1 visa without actually having a fulltime job? For last 7 years I am on H1 myself and have played by rules… I hate people who false represent the facts for immigration benefits.
Because of people like you genuine candidates who have legitimate jobs are left out as you guys get lucky in the lottery even though you don’t have a regular fulltime job. My wife was forced to stay at home for almost 3 years because of people like you.. FYI she had a job offer (from a F500 Inc.) but people like you got lucky when it came to H1 lottery. Not just that but people like you give a bad name to legal immigrant community.
What’s your problem man? You are mad because your wife did not get H1B/Job? What do you say to a American citizen who is saying that you took his job? It’s all part of the game. Everyone is trying to improve their life.
How can you tell your wife is better? Your wife is doing exactly the same, converting from H4 to H1B. Did she have job offer when she came to USA? You must have come through some consulting company, what kind of offer letter you had when you came to US?
Everyone is playing by the rules, otherwise we would not have been here. dont think you are the only one playing by the rules.
How can you tell he/she is representing false?
People like you are the ones who are dividing the community.
There is no grace period. As the earlier member said, it is a gray area without any specific guidelines. I have seen people stay out of job (status) for 4 months and have used portability or consulate stamp upon getting a new job. It all depends on the IO.
BTW, did you ever realize how unethical it is to use a consultant for acquiring a H1 visa without actually having a fulltime job? For last 7 years I am on H1 myself and have played by rules… I hate people who false represent the facts for immigration benefits.
Because of people like you genuine candidates who have legitimate jobs are left out as you guys get lucky in the lottery even though you don’t have a regular fulltime job. My wife was forced to stay at home for almost 3 years because of people like you.. FYI she had a job offer (from a F500 Inc.) but people like you got lucky when it came to H1 lottery. Not just that but people like you give a bad name to legal immigrant community.
What’s your problem man? You are mad because your wife did not get H1B/Job? What do you say to a American citizen who is saying that you took his job? It’s all part of the game. Everyone is trying to improve their life.
How can you tell your wife is better? Your wife is doing exactly the same, converting from H4 to H1B. Did she have job offer when she came to USA? You must have come through some consulting company, what kind of offer letter you had when you came to US?
Everyone is playing by the rules, otherwise we would not have been here. dont think you are the only one playing by the rules.
How can you tell he/she is representing false?
People like you are the ones who are dividing the community.
GotGC??
06-15 05:51 PM
Folks, when you send/ask about details, it'd help if you could post your details like this (format borrowed from another post):
Here are the details:
Mailed to NSC on May 31st.
Received at NSC on June 1st.
Transferred to TSC (I-140 was Approved from TSC)
Receipt Date - June 01
Notice date - June 08
My 485 was filed with NSC on June 1st. It reached NSC on June 4th. We haven't received any receipts so far. I think NSC is still working on June 1st cases. Maybe I need to wait for one more week atleast
Here are the details:
Mailed to NSC on May 31st.
Received at NSC on June 1st.
Transferred to TSC (I-140 was Approved from TSC)
Receipt Date - June 01
Notice date - June 08
My 485 was filed with NSC on June 1st. It reached NSC on June 4th. We haven't received any receipts so far. I think NSC is still working on June 1st cases. Maybe I need to wait for one more week atleast
franklin
06-18 10:30 AM
who knows?
My friend sent her package on may 18th and she saw on uscis that they dated the receipt as june 1st... so that can give you an idea.
I sent mine on June 1st....nothing yet.
on june 6th the immigration.com breaking new claims there is a backlog of receipt for up to 45 days.
I am expecting to get mine at least by june 30th because with the flood of applications on july first....whoi knows
When was your friend's Priority Date current? June 1st? Or, I assume, before that?
My friend sent her package on may 18th and she saw on uscis that they dated the receipt as june 1st... so that can give you an idea.
I sent mine on June 1st....nothing yet.
on june 6th the immigration.com breaking new claims there is a backlog of receipt for up to 45 days.
I am expecting to get mine at least by june 30th because with the flood of applications on july first....whoi knows
When was your friend's Priority Date current? June 1st? Or, I assume, before that?
No comments:
Post a Comment