dvvb
03-01 02:59 PM
Hi Sathishav, Thanks for the response.
Nope, Co. A filed for my I-140 while I was working for Co. B. and is subsequently approved. Filed for I-485 with Co.A in June/2008 while working with Co. B. Used EAD to move to Co. C.
to summarize,
Co. A's GC filed as future employee.
Joined Co. C on EAD.
Now Co. A is out of buisiness.
Does AC21 portability applies ?
Thanks
-DvvB
If i understood your post correctly, you have ported of an unapproved I140. I do understand this is for a "future job", but still you have used AC21.
I agree with your attorney to file, because, if you had worked for Company A and moved AFTER I140 approved and I485 pending for 180 days, you don't have to worry about their status. Since you have not yet worked for them, it safe severe your ties by filing AC21.
http://www.myvisajobs.com/Document/YatesMay05.pdf
Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-
485 that has been pending for 180 days or more, the following procedures should
be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on
it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If additional evidence is necessary to resolve a material post-filing
issue such as ability to pay, an RFE can be sent to try to resolve the
issue. When a response is received, and if the petition is approvable,
follow the procedures in part A above.
Nope, Co. A filed for my I-140 while I was working for Co. B. and is subsequently approved. Filed for I-485 with Co.A in June/2008 while working with Co. B. Used EAD to move to Co. C.
to summarize,
Co. A's GC filed as future employee.
Joined Co. C on EAD.
Now Co. A is out of buisiness.
Does AC21 portability applies ?
Thanks
-DvvB
If i understood your post correctly, you have ported of an unapproved I140. I do understand this is for a "future job", but still you have used AC21.
I agree with your attorney to file, because, if you had worked for Company A and moved AFTER I140 approved and I485 pending for 180 days, you don't have to worry about their status. Since you have not yet worked for them, it safe severe your ties by filing AC21.
http://www.myvisajobs.com/Document/YatesMay05.pdf
Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-
485 that has been pending for 180 days or more, the following procedures should
be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on
it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If additional evidence is necessary to resolve a material post-filing
issue such as ability to pay, an RFE can be sent to try to resolve the
issue. When a response is received, and if the petition is approvable,
follow the procedures in part A above.
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LostInGCProcess
11-14 02:57 PM
Another example of how inefficient USCIS is. I have applied my EAD in Aug 28th, did the FP in Sept 22, case still pending. I sent to Texas Service center.
Which center did you file your EAD?
Which center did you file your EAD?
tinuverma
03-20 09:34 AM
no idea..I am yet to transfer my license to OK. one bad experience that I had lately..I walked into IRS office to check on ITIN/SSN issue and I was not allowed to go inside. They said if I lived in OK I need to have an OK ID. No other state ID would be accepted. This is if you have moved here for more than 30 days.
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oaktree
01-12 12:57 PM
Dear Attornies,experts
My perm was denied recently because "The wage listed in the SWA job order is less than the wage offered to the foreign worker", It took DOL almost one and half years to determine this after a business necessity audit. I am going to start a new application now. What are my chances for an appeal by providing corrected supporting documents, can I apply a new application while an appeal is in progress..
Can I have multiple PERM applications from multiple employers at the same time, with different position titles?
Is there anyway of taking advantage of the old priority date application that was denied with a new application.
I almost lost 2 years in priority date because of this denial...
Please suggest...
My perm was denied recently because "The wage listed in the SWA job order is less than the wage offered to the foreign worker", It took DOL almost one and half years to determine this after a business necessity audit. I am going to start a new application now. What are my chances for an appeal by providing corrected supporting documents, can I apply a new application while an appeal is in progress..
Can I have multiple PERM applications from multiple employers at the same time, with different position titles?
Is there anyway of taking advantage of the old priority date application that was denied with a new application.
I almost lost 2 years in priority date because of this denial...
Please suggest...
more...
willwin
05-21 10:00 AM
The reason why they are not talking about EB is there is nothing to talk.
The solution is straight and simple. to recapture and has been discussed enough. I am positive that should CIR happen EB reform will happen too.
The solution is straight and simple. to recapture and has been discussed enough. I am positive that should CIR happen EB reform will happen too.
InTheMoment
03-01 10:34 PM
That is right. If it is feasible go for it. Also, what do you mean by residency for ur wife..medical one ?
In either case she can always come here for interviews on a B2 visitor, I know people who have done/doing it for medical residency.
In either case she can always come here for interviews on a B2 visitor, I know people who have done/doing it for medical residency.
more...
gchopeful
07-17 06:51 PM
You can file until Aug 16 .However from July 30 , you have to pay new feess..Better apply before July 30 and contribute to IV
After July 30th, you have to pay the higher fee, but you will get free AP/EADs for the entire duration until adjudication.
So, it's up to you (and whoever is paying for ur EADs).. you can decide appropriately.
After July 30th, you have to pay the higher fee, but you will get free AP/EADs for the entire duration until adjudication.
So, it's up to you (and whoever is paying for ur EADs).. you can decide appropriately.
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anandrajesh
12-08 11:39 PM
Dear friends,
We are hoping to here from members in MN, there is much to be done yet...let us build on the energy from these last days.
Please visit the Chapters thread in the members only area and post your info and ideas in the MN chapter thread. Thanks!
OR use this thread if it is just more convenient....
Count me in dude... i am not a member in the state chapter...
We are hoping to here from members in MN, there is much to be done yet...let us build on the energy from these last days.
Please visit the Chapters thread in the members only area and post your info and ideas in the MN chapter thread. Thanks!
OR use this thread if it is just more convenient....
Count me in dude... i am not a member in the state chapter...
more...
saloni
04-13 06:39 PM
I am derivative beneficiary and have a EAD card through my spouse who is also on H1B. I am currently on H1B and my own I-140 has an RFE.
I am getting an opportunity to venture into an non-IT business.
Can I start my own S-Corp or LLC using EAD and also continue working on H1B with my current employer? What will be status - H1B or Parolee(EAD)
Will I loose my H1B status as soon as I use EAD?
I would like to play safe and rather pass on this business opportunity to my current employer and remain on his H1B too keep my H1B status if it is safer.
Please advise.
I am getting an opportunity to venture into an non-IT business.
Can I start my own S-Corp or LLC using EAD and also continue working on H1B with my current employer? What will be status - H1B or Parolee(EAD)
Will I loose my H1B status as soon as I use EAD?
I would like to play safe and rather pass on this business opportunity to my current employer and remain on his H1B too keep my H1B status if it is safer.
Please advise.
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lavanyamohan
03-16 08:39 AM
Please suggest me good immigration attorney-( in seattle area if possible) for my H1B filing. They should be prompt in preparing my application with in 2 wks time.
My employer called Rajiv S khanna's law firm. Those para legals said they cannt gaurantee timely filing by april 1st. I think its the busiest law firm in this time of the season. cannt find fault with them any ways.
I know I am lagging behind a little bit.
As the clock is ticking, I need to rush up.
Please suggest me
Thanks much in advance
My employer called Rajiv S khanna's law firm. Those para legals said they cannt gaurantee timely filing by april 1st. I think its the busiest law firm in this time of the season. cannt find fault with them any ways.
I know I am lagging behind a little bit.
As the clock is ticking, I need to rush up.
Please suggest me
Thanks much in advance
more...
ak_2006
04-30 10:35 PM
Wall Street Journal has a article about the Greenspan's testimony. The comments seem to be taken over by the anti's. Please comment if you can.
http://online.wsj.com/article/SB124112017018574119.html
Soon I will post my comments...I saw urs and pretty impressive. Keep going...
http://online.wsj.com/article/SB124112017018574119.html
Soon I will post my comments...I saw urs and pretty impressive. Keep going...
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parablergh
01-11 01:29 PM
Just because you are here on an L-1A, that does not qualify you for EB1. The immigrant petition in question is likely the Multinational Manager (MM) I-140. If you were a manager abroad and are performing in a managerial role in the U.S., you may qualify for EB1. As you initially came over in L-1B status, it is more likely than not that you will not qualify for EB1.
If you were in a managerial role (either functional or personnel) abroad, it may be worth discussing this option with your attorney. Odds are that they already examined this possibility and determined that it was an unlikely to succeed.
If you were in a managerial role (either functional or personnel) abroad, it may be worth discussing this option with your attorney. Odds are that they already examined this possibility and determined that it was an unlikely to succeed.
more...
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gc_on_demand
12-05 04:30 PM
I think H1b will last more month this time than past 3 years. And lawmakers will think its not right time to increase.
I spoke to 1-2 relatives who are having consulting business and they told me they are reducing work force.. ( Not lay off but not interested to hire more and more h1b in this slow economy ) ....
I spoke to 1-2 relatives who are having consulting business and they told me they are reducing work force.. ( Not lay off but not interested to hire more and more h1b in this slow economy ) ....
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hianupam
11-16 01:56 PM
Does anybody have any recent experience?Which office to go, what documents to take. I currently have an out of state license that is going to expire in Dec...
more...
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chandupatla
02-25 10:35 AM
Is it required SSN... I am on H4..I don't having the SSN... I search the MVA site but they asking SSN..Is it necessary?
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fromnaija
02-12 10:51 AM
Hi,
I am from the Philadelphia region. I should be able to apply for my I-140 in a week or so. Does anyone know approximately how long it would take me if I applied the NON-Premium way?
Thanks
This depends on the service center treating your case. Mine took less than three months at Texas Service Center.
I am from the Philadelphia region. I should be able to apply for my I-140 in a week or so. Does anyone know approximately how long it would take me if I applied the NON-Premium way?
Thanks
This depends on the service center treating your case. Mine took less than three months at Texas Service Center.
more...
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ash0210
09-09 09:02 AM
Thanks Dixie...Also, as per other forum members showing PD Year will give clear picture of voting..!!
You will have to login to be able to vote.
You will have to login to be able to vote.
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sparky_jones
05-07 12:23 PM
Some are of the opinion that filing AC21 draws unnecessary attention & scrutiny of your application (apparently which would not happen if you do not file AC21).
But I found this article from Murthy.com to be conclusive on this matter.
MurthyDotCom : Risk of GC Rescission for Failure to Notify Change of Job / Employer! (http://www.murthy.com/news/n_risres.html)
Filing AC21 is the safest approach -- I guess there is no need worry if the papers are in line.
I continue to be amazed at how much opinion differs on this matter among the immigration lawyers community. If you ask Ron Gotcher, he would come out guns blazing telling you that you are nothing short of a fool inviting trouble if you pro-actively inform USCIS of job change under AC21. He claims to have seen "monster" RFEs result from such notifications, causing unnecessary and avoidable pain. On the other hand, Murthy is strongly in support of such notification, claiming that they haven't seen any additional RFEs from such notification, and that it's best to inform USCIS of job changes. They give the example of avoidance of future GC rescission as the motivation.
So, who's telling the truth? Maybe Ron has a point. Maybe Murthy encourages AC21 notification because it brings additional business to them. Or maybe Ron is blowing hot air..and Murthy is right. Who knows...
At the end of the day, it boils down to you. Who do you want to trust?
But I found this article from Murthy.com to be conclusive on this matter.
MurthyDotCom : Risk of GC Rescission for Failure to Notify Change of Job / Employer! (http://www.murthy.com/news/n_risres.html)
Filing AC21 is the safest approach -- I guess there is no need worry if the papers are in line.
I continue to be amazed at how much opinion differs on this matter among the immigration lawyers community. If you ask Ron Gotcher, he would come out guns blazing telling you that you are nothing short of a fool inviting trouble if you pro-actively inform USCIS of job change under AC21. He claims to have seen "monster" RFEs result from such notifications, causing unnecessary and avoidable pain. On the other hand, Murthy is strongly in support of such notification, claiming that they haven't seen any additional RFEs from such notification, and that it's best to inform USCIS of job changes. They give the example of avoidance of future GC rescission as the motivation.
So, who's telling the truth? Maybe Ron has a point. Maybe Murthy encourages AC21 notification because it brings additional business to them. Or maybe Ron is blowing hot air..and Murthy is right. Who knows...
At the end of the day, it boils down to you. Who do you want to trust?
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mtsaha
08-09 01:16 PM
You can leave it as blank, you will getting the A# with the 485 receipt ...
Hi, Thanks for your reply.
Also by any chance is "alien receipt number" same as the A# that appears
in my old OPT-EAD? If yes then perhaps I can use that? I know that
"A#" is called "alien registration number".
Thanks, Mtsaha
Hi, Thanks for your reply.
Also by any chance is "alien receipt number" same as the A# that appears
in my old OPT-EAD? If yes then perhaps I can use that? I know that
"A#" is called "alien registration number".
Thanks, Mtsaha
starscream
01-13 12:40 PM
Hi oaktree,
My PERM was also denied in end of 2006. The lawyers files a Motion To Review (MTR) also called as Request for Review (RFR) i.e appeal of the denial. This got approved in december 2007 - It took almost one year. I could however maintain my priority date because of the successful appeal.
My company's lawyers were certain that the denial was in error and hence they filed MTR.
Is there anyway of taking advantage of the old priority date application that was denied with a new application.
If you make a new PERM application you cannot use your old priority date.
Speak to your lawyers to see if the denial was in error and if they r 100% sure that it was in error then apply for a MTR - it will take about a year to get processed tough. At least with this (i.e if it is possible) you can make a attempt to save your priority date.
I am not sure whether you can make a fresh PERM app WHILE your MTR/appeal is in process - but post this question on different boards and if you can then well and good.
Dear Attornies,experts
My perm was denied recently because "The wage listed in the SWA job order is less than the wage offered to the foreign worker", It took DOL almost one and half years to determine this after a business necessity audit. I am going to start a new application now. What are my chances for an appeal by providing corrected supporting documents, can I apply a new application while an appeal is in progress..
Can I have multiple PERM applications from multiple employers at the same time, with different position titles?
Is there anyway of taking advantage of the old priority date application that was denied with a new application.
I almost lost 2 years in priority date because of this denial...
Please suggest...
My PERM was also denied in end of 2006. The lawyers files a Motion To Review (MTR) also called as Request for Review (RFR) i.e appeal of the denial. This got approved in december 2007 - It took almost one year. I could however maintain my priority date because of the successful appeal.
My company's lawyers were certain that the denial was in error and hence they filed MTR.
Is there anyway of taking advantage of the old priority date application that was denied with a new application.
If you make a new PERM application you cannot use your old priority date.
Speak to your lawyers to see if the denial was in error and if they r 100% sure that it was in error then apply for a MTR - it will take about a year to get processed tough. At least with this (i.e if it is possible) you can make a attempt to save your priority date.
I am not sure whether you can make a fresh PERM app WHILE your MTR/appeal is in process - but post this question on different boards and if you can then well and good.
Dear Attornies,experts
My perm was denied recently because "The wage listed in the SWA job order is less than the wage offered to the foreign worker", It took DOL almost one and half years to determine this after a business necessity audit. I am going to start a new application now. What are my chances for an appeal by providing corrected supporting documents, can I apply a new application while an appeal is in progress..
Can I have multiple PERM applications from multiple employers at the same time, with different position titles?
Is there anyway of taking advantage of the old priority date application that was denied with a new application.
I almost lost 2 years in priority date because of this denial...
Please suggest...
pom
10-05 02:03 PM
Right on, grey, black and orange/red is just the perfect color scheme... And thanks for allowing me to steal anything I want from you. I wished people did that for me more often...
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