dvb
07-28 02:24 PM
Your Payments When You Are Outside The United States (http://ssa.gov/international/countrylist4.htm) ??? What does this mean .... looks like you can claim benefits.
sam_hoosier
06-06 05:29 PM
Yes, you should be able to use AC21 to change employment (subject to the AC21 restrictions).
americandesi
08-11 03:44 PM
I noticed a flaw in GC process with respect to “Ability to pay” and “AC21”
Here are the definitions
Ability to pay - Suppose a company files for I-140, it has to prove its ability to pay the proffered wage to the beneficiary.
AC21 states that an employee can change jobs to a similar position if I-485 is pending for more than 180 days. This could happen when I-485 is pending for more than 180 days or after its approval.
Let’s consider the following scenario
1) Company A files for I-140 and I-485 concurrently and proves its ability to pay the proffered wage to the beneficiary at I-140 stage.
2) I-140 gets approved and I-485 is pending for more than 180 days.
3) The employee quits employer A and remains idle (or) becomes self employed (or) joins employer B in a different position.
4) During the I-485 adjudication he provides an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A and says that he intends to work with employer C after I-485 approval.
5) I-485 gets approved.
Here is the flaw. USCIS doesn’t check if employer C has the ability to pay the proffered wage to the beneficiary. All it asks for is an offer letter with wage, duties and annual salary.
What if company C is running in loss and not in a position to pay the proffered wage.
Why should USCIS make a big deal out of ability to pay when it’s not checked across all employers where the beneficiary intends to work?
Here are the definitions
Ability to pay - Suppose a company files for I-140, it has to prove its ability to pay the proffered wage to the beneficiary.
AC21 states that an employee can change jobs to a similar position if I-485 is pending for more than 180 days. This could happen when I-485 is pending for more than 180 days or after its approval.
Let’s consider the following scenario
1) Company A files for I-140 and I-485 concurrently and proves its ability to pay the proffered wage to the beneficiary at I-140 stage.
2) I-140 gets approved and I-485 is pending for more than 180 days.
3) The employee quits employer A and remains idle (or) becomes self employed (or) joins employer B in a different position.
4) During the I-485 adjudication he provides an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A and says that he intends to work with employer C after I-485 approval.
5) I-485 gets approved.
Here is the flaw. USCIS doesn’t check if employer C has the ability to pay the proffered wage to the beneficiary. All it asks for is an offer letter with wage, duties and annual salary.
What if company C is running in loss and not in a position to pay the proffered wage.
Why should USCIS make a big deal out of ability to pay when it’s not checked across all employers where the beneficiary intends to work?
jumanji4u
04-07 02:29 PM
as knowledge and age, grows the maturity grows...but it seems like the opposite here...please ppl stop the nonsense of universities...lets pray we all get our dreams come true.
more...
ttdam
10-02 04:08 PM
Hi gchopeful
Sorry to hear about denial
Was your case @ NSC/TSC ? EB2 or EB3 ?
Mine is A2P RFE as well from TSC !
Thank you
Sorry to hear about denial
Was your case @ NSC/TSC ? EB2 or EB3 ?
Mine is A2P RFE as well from TSC !
Thank you
joydiptac
03-13 02:11 PM
Chorke na jao saiyaan... :D
CONGRATS buddy!
CONGRATS buddy!
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EndlessWait
06-18 04:54 PM
Mr. EndlessWait -
You extended your status, not visa. Please get your basics correct.
1. Nonimmigrant Visa number
Visa Number for the last issued visa (does not matter if is expired)
2. Date Visa Issued
Date of Issue for Visa in #1
3. Consulate Where Visa was Issued.
Place of Issue for Visa in #1
Good Luck
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
----------------------------------
Permanent Resident since May 2002
Is the visa number the red colored number on the visa stamp or something else?
thanks
You extended your status, not visa. Please get your basics correct.
1. Nonimmigrant Visa number
Visa Number for the last issued visa (does not matter if is expired)
2. Date Visa Issued
Date of Issue for Visa in #1
3. Consulate Where Visa was Issued.
Place of Issue for Visa in #1
Good Luck
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
----------------------------------
Permanent Resident since May 2002
Is the visa number the red colored number on the visa stamp or something else?
thanks
senthil
08-23 05:21 PM
on few forums -ive seen people who already filed I-485 and could not file I-485 due to retro applied and received 3yr H1B extn. I dont think it matters if you have applied for EAD/AP or not. Recently one of my friend ( currently on EAD ) , still applied for 3yr H1B extn and got an approval too.
For a safe bet its good to have the EAD/AP with you. has foll advantage
- worst case you can change employment using EAD
- travel issues - esp you can avoid visa related appointment hassle using AP
one more thing - if you dont have travel plans for the next year, you dont need to apply for AP. I beleive only EAD needs periodic renewal every year, independant of if you are using it or not, once you apply first time.
may be many folks here already have real time experiances on this subject, i guess
hope it helps. -- my2c.
all these are my personal views. im not an attorney
thanks
For a safe bet its good to have the EAD/AP with you. has foll advantage
- worst case you can change employment using EAD
- travel issues - esp you can avoid visa related appointment hassle using AP
one more thing - if you dont have travel plans for the next year, you dont need to apply for AP. I beleive only EAD needs periodic renewal every year, independant of if you are using it or not, once you apply first time.
may be many folks here already have real time experiances on this subject, i guess
hope it helps. -- my2c.
all these are my personal views. im not an attorney
thanks
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chanduv23
09-15 10:12 PM
the ones I meet in DC. The ones I currently have, who did not make it to DC in spite of being aware about it, will no longer have me as a friend.
SAME HERE - THOSE WHO HAVE STOPPED CALLING ME BECAUSE THEY ARE AFRAID I WILL ASK THEM TO THE RALLY WILL NEVER BE MY FRIENDS ANYMORE.
SAME HERE - THOSE WHO HAVE STOPPED CALLING ME BECAUSE THEY ARE AFRAID I WILL ASK THEM TO THE RALLY WILL NEVER BE MY FRIENDS ANYMORE.
gc28262
01-16 04:48 PM
If I am going to get a new H1B ,do I still need to invoke AC21?
Invoke AC21 irrespective of whether you are joining the new employer on EAD/H1.
Invoke AC21 irrespective of whether you are joining the new employer on EAD/H1.
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a_yaja
01-08 11:01 AM
Thank you for the quick response.
You said there are 3 copies of AP. But my lawyer sent me only 2 copies. Is that a problem???
I don't think so. I applied for AP on my own - and I got only 2 copies, not three.
You said there are 3 copies of AP. But my lawyer sent me only 2 copies. Is that a problem???
I don't think so. I applied for AP on my own - and I got only 2 copies, not three.
ArkBird
06-26 10:42 PM
If possible, try to get hospital record of live birth. Though it is not birth certificate, it may be used as secondary evidence.
I am thinking to get the AFFEDEVITS of my wife from her FATHER and MOTHER stating the inforation of my her BIRTH.
My wife was born in XYZ city but now her parents reside in ABC city. My question is will it be OK if her parents get the AFFEDEVIT from ABC city stating that she was born on XXX in XYZ city or does the AFFEDEVIT has to be made from XYZ city only.
I just thought of this and wasnt sure if its ok or not. Can any one please clarrify?
Thanks in advance. !!!!
I am thinking to get the AFFEDEVITS of my wife from her FATHER and MOTHER stating the inforation of my her BIRTH.
My wife was born in XYZ city but now her parents reside in ABC city. My question is will it be OK if her parents get the AFFEDEVIT from ABC city stating that she was born on XXX in XYZ city or does the AFFEDEVIT has to be made from XYZ city only.
I just thought of this and wasnt sure if its ok or not. Can any one please clarrify?
Thanks in advance. !!!!
more...
Alien
02-09 11:40 PM
Your emergency is in India not in the US,so am not sure how you can provide the consulate in India a valid reason to travel back asap. If you have a valid reason to return to the US asap then make sure you have the supporting docs.
paskal
07-20 08:33 PM
a link that says 485 filing needs tax returns.
please see the official instructions with the 485 form and note what is actually asked for- it's not much- and no W2 or tax returns are mentioned.
please see the official instructions with the 485 form and note what is actually asked for- it's not much- and no W2 or tax returns are mentioned.
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zCool
04-16 11:37 PM
check expiry date on your passport. Visa date can not extend beyond Passport expiry date.
gc_chahiye
11-27 01:47 PM
Rajen,
Thanks for your advice. He does not want to come to US for job as he left US for good.the consulting firm told him that they have applied for his substitution and brought him back here. So I am a little concerned to know if there is any other way of Labor substitution.
Consulting company lawyer says they filed it prior to July 15.
Thank you
If they filed it before July 15th, then yes its possible that they are telling the truth, as its only been banned from that date onwards. Expect a lot of scrutiny of the case (it got banned because of lots of fraud related to it).
Typically LC is substituted at I-140 stage by requesting the USCIS, however substitution can also be done at LC stage by requesting DOL.
Whats the status of the LC now? Why has the I-140 not been filed?
Thanks for your advice. He does not want to come to US for job as he left US for good.the consulting firm told him that they have applied for his substitution and brought him back here. So I am a little concerned to know if there is any other way of Labor substitution.
Consulting company lawyer says they filed it prior to July 15.
Thank you
If they filed it before July 15th, then yes its possible that they are telling the truth, as its only been banned from that date onwards. Expect a lot of scrutiny of the case (it got banned because of lots of fraud related to it).
Typically LC is substituted at I-140 stage by requesting the USCIS, however substitution can also be done at LC stage by requesting DOL.
Whats the status of the LC now? Why has the I-140 not been filed?
more...
roseball
04-02 12:53 PM
Thank you gc28262. It's just that my attorney havent seen this issue with Pre PERM cases. May be it is because PERM had more specific questions to answer so that there is little flexibility. Form 750 which was used before PERM did not have that many specific questions regarding labor conditions. So there was room for interpretation.
Thanks for murthy's link. Yes, It makes sense Gald I extended my H1 after returning on AP. So I am better positioned there.
Yes, actually the USCIS has argued the same in their revocation response which is that my labor requirements on Form 9089 aren't flexible enough to transfer me to EB3.
----
What your attorney is suggesting I believe is the right approach at this time. I would consult a reputed attorney and take his/her advise before taking any action. I would also have your company start a new PERM case in parallel, just incase. Yes, ETA-750 provides a little more flexibility w.r.t EB2 to EB3 downgrades when compared to 9089, but it depends on the educational requirements mentioned on the form. But your approach should be to get I-485 approval based on earlier I-140 and if that doesn't work out, then request for a downgrade. Hope it works out for you, good luck.
Thanks for murthy's link. Yes, It makes sense Gald I extended my H1 after returning on AP. So I am better positioned there.
Yes, actually the USCIS has argued the same in their revocation response which is that my labor requirements on Form 9089 aren't flexible enough to transfer me to EB3.
----
What your attorney is suggesting I believe is the right approach at this time. I would consult a reputed attorney and take his/her advise before taking any action. I would also have your company start a new PERM case in parallel, just incase. Yes, ETA-750 provides a little more flexibility w.r.t EB2 to EB3 downgrades when compared to 9089, but it depends on the educational requirements mentioned on the form. But your approach should be to get I-485 approval based on earlier I-140 and if that doesn't work out, then request for a downgrade. Hope it works out for you, good luck.
UniGum
09-21 02:45 PM
let us hope and pray bec will do something to finish this ASAP.... it's too much depressing....
javadeveloper
07-18 10:08 PM
found this one too
http://candleforlove.com/forums/index.php?showtopic=14653
http://candleforlove.com/forums/index.php?showtopic=14653
fall2004us
09-14 03:50 PM
listening.......
great job IV....
great job IV....
Jyothi
12-12 04:23 PM
insted of using "U" they change the date to Jan 2000
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