jsb
11-05 03:24 PM
Waiting for 180 days is hard....but its even harder for folks like me, who are waiting for 140 approval..The way things are, looks like it sgonna take much longer than 180 days for 140 approval...Only then I can even think of using AC21....But no complaints...Patience pays...:)
You are not as bad as you think. Read USCIS guidance on the subject. If your I-140 is not approved by 180 days, you can still use AC21. In that case, the adjudicator while looking at your I-485, sees if filed I-140 was approvable. If so, you are good to go, provided you can prove that you have a new same/similar job offer.
For USCIS guidance see Page 3, Q1 at: http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
You are not as bad as you think. Read USCIS guidance on the subject. If your I-140 is not approved by 180 days, you can still use AC21. In that case, the adjudicator while looking at your I-485, sees if filed I-140 was approvable. If so, you are good to go, provided you can prove that you have a new same/similar job offer.
For USCIS guidance see Page 3, Q1 at: http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
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Dhundhun
08-09 01:13 PM
The top reason would be-
"We are the USCIS".
What say?
00. It's style - USCIS style.
"We are the USCIS".
What say?
00. It's style - USCIS style.
GCHope2011
11-29 08:21 AM
Hello ,
Im currently living in USA , came by tourist visa for 6 months , tomorrow was my experitation date , but my father company in south america filled a petition for me under the L1-B here in the united states. We create a new company here to be the subsidiary and the idea is to get the visa so I can stay here and do the work for the the company.
My question is , what posibilities are the USCIS can approve or deny my petition?
Here is the info about the parent company with the us branch :
Automotive sales , service of authorized delaer of Jeep Chrysler and Doge .
My job was manage the import area for auto parts being purchased in usa to be imported to the parent company.
I do not carry profesional degrees however i was in the payroll of the company since 1998.
I grew up in the company during the yearsd and scale in different titles till get the Import general manager title.
My job here basically will be perfom the auto parts inspection , purchased from provides in the usa , pay providers and take care of the business financial accounts.
Is this sufficient to get an approval? or it can be rejected?
We got asked a lot of documents and payrolls from parent company and so , but Im no sure if this petition is consisent to be approved since i do not have the profesional degree and I dont really see this work can be done for someone american here.
Then there is another issue realated with me , My petiton was submitted days ago and It suppoused i got an extension while the USCIS review my petition , however , 2 days ago my husband intent to come over the usa to visit me and his child and he had problems in inmigration at port of entry he was locked in a room for several hours and finally he got rejected , he could communicate with me over the phone to le me know what was going on , and he told me inmigration already knew I was here and the y saw my extension but they said they will come to check on me since my status was close to expire , so the said they know everything about my entry cuz they checked on the data base and so , now i want to know , this situation can be an issue to got a L1-B denial? I mean coudl the officers from the CBP write a note about me , since they got all my info , address and so?
Im really confused , I dont know is i will get an extension removal or what and If i willg et or not an L1-B visa , but since my husband have been banned to come to usa for several years I dont really see the point to get the visa , but some payments have been made by my parent company in south america , so I dont really know what to do , without knowing what status would i get since now.
How many time does the USCIS take to approve or deny a visa? my petition was submitted on friday.... my expiration date is tomorrow 29 may 2010 ... do i have to leave the country then? the attorney in charge said i was covered but after this problem with my husband im not so sure I really need another opinion .. thank you!
L1 Visa is for intra-company transfer of an employee based outside the US to a location within US.
To do so:
- A company must have a legitimate foreign business presence and should be able to prove its existence and legitimate business operations
- The person being transferred should have been a genuine employee of the foreign location of the company for at least 1 year within the immediate three years of the Visa petition
- The company must have a legitimate business operation already in existence in the US - the location to which the foreign employee is proposed to be transferred
- The company should be able to show the need for the specific expertise that the proposed individual brings to the position in the US, which cannot be obtained otherwise from the US labor market at the prevailing wage rate for the position
- The company should be in a sound financial position, to be able to afford and pay the salaries proposed for the individual
All the above conditions are scrutinized very carefully and evidence sought to substantiate them in case of any doubt by USCIS. They usually also evaluate if the US operations have been established primarily to be used as an immigration vehicle
So, if your application is very clear cut on all of these points, then at least you might have some chance.
There could be other criteria that USCIS looks for, which I am not aware of (since I am not a lawyer or have any direct experience of L1 filing).
Im currently living in USA , came by tourist visa for 6 months , tomorrow was my experitation date , but my father company in south america filled a petition for me under the L1-B here in the united states. We create a new company here to be the subsidiary and the idea is to get the visa so I can stay here and do the work for the the company.
My question is , what posibilities are the USCIS can approve or deny my petition?
Here is the info about the parent company with the us branch :
Automotive sales , service of authorized delaer of Jeep Chrysler and Doge .
My job was manage the import area for auto parts being purchased in usa to be imported to the parent company.
I do not carry profesional degrees however i was in the payroll of the company since 1998.
I grew up in the company during the yearsd and scale in different titles till get the Import general manager title.
My job here basically will be perfom the auto parts inspection , purchased from provides in the usa , pay providers and take care of the business financial accounts.
Is this sufficient to get an approval? or it can be rejected?
We got asked a lot of documents and payrolls from parent company and so , but Im no sure if this petition is consisent to be approved since i do not have the profesional degree and I dont really see this work can be done for someone american here.
Then there is another issue realated with me , My petiton was submitted days ago and It suppoused i got an extension while the USCIS review my petition , however , 2 days ago my husband intent to come over the usa to visit me and his child and he had problems in inmigration at port of entry he was locked in a room for several hours and finally he got rejected , he could communicate with me over the phone to le me know what was going on , and he told me inmigration already knew I was here and the y saw my extension but they said they will come to check on me since my status was close to expire , so the said they know everything about my entry cuz they checked on the data base and so , now i want to know , this situation can be an issue to got a L1-B denial? I mean coudl the officers from the CBP write a note about me , since they got all my info , address and so?
Im really confused , I dont know is i will get an extension removal or what and If i willg et or not an L1-B visa , but since my husband have been banned to come to usa for several years I dont really see the point to get the visa , but some payments have been made by my parent company in south america , so I dont really know what to do , without knowing what status would i get since now.
How many time does the USCIS take to approve or deny a visa? my petition was submitted on friday.... my expiration date is tomorrow 29 may 2010 ... do i have to leave the country then? the attorney in charge said i was covered but after this problem with my husband im not so sure I really need another opinion .. thank you!
L1 Visa is for intra-company transfer of an employee based outside the US to a location within US.
To do so:
- A company must have a legitimate foreign business presence and should be able to prove its existence and legitimate business operations
- The person being transferred should have been a genuine employee of the foreign location of the company for at least 1 year within the immediate three years of the Visa petition
- The company must have a legitimate business operation already in existence in the US - the location to which the foreign employee is proposed to be transferred
- The company should be able to show the need for the specific expertise that the proposed individual brings to the position in the US, which cannot be obtained otherwise from the US labor market at the prevailing wage rate for the position
- The company should be in a sound financial position, to be able to afford and pay the salaries proposed for the individual
All the above conditions are scrutinized very carefully and evidence sought to substantiate them in case of any doubt by USCIS. They usually also evaluate if the US operations have been established primarily to be used as an immigration vehicle
So, if your application is very clear cut on all of these points, then at least you might have some chance.
There could be other criteria that USCIS looks for, which I am not aware of (since I am not a lawyer or have any direct experience of L1 filing).
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Aah_GC
07-11 02:18 PM
I was going through some comments by some folks in this forum (http://www.nyjournalnews.com/apps/pbcs.dll/article?AID=/20070711/NEWS02/707110350) - and one of them says - how come these guys were silent when they were pressing for Illegal Immigration reforms? What the heck? You live in this country on a budget with your employer and they expect you to solve the problems of this country.
Jakub (glus),
Good job on getting our message across. Good picture too! Finally we are seeing some faces behind the screen names.
http://www.nyjournalnews.com/apps/pbcs.dll/article?AID=/20070711/NEWS02/707110350
Jakub (glus),
Good job on getting our message across. Good picture too! Finally we are seeing some faces behind the screen names.
http://www.nyjournalnews.com/apps/pbcs.dll/article?AID=/20070711/NEWS02/707110350
more...
VSS2007
06-25 10:10 PM
Hi,
I am also in the same boat. Looking forward to here some reply.
Hi,
I have posted the same issue in another thread but i did not get any response So I'm changing the title and reposting.
I have been working for my current employer from last 4 years.I have good relations with my employer.I have 140 approved and my 485 is pending for more than 180 days.Now I want to join any new employer using my EAD.But I don't want to invoke AC 21.If my dates are current again and if i get any RFE I will submit the offer letter from my old employer.
My case is I'm using EAD after 140 is approved and 485 is pending more than 180 days and joining a new employer.As GC is future employment I can always say that I will join my old employer when ever i get a GC.This way I can avoid AC 21. Also If my employer doesn't give me the offer letter I can still manage to get it from any Consulting firm with same job title and same salary.
Can any one suggest me on this?
Thanks
h12gc
I am also in the same boat. Looking forward to here some reply.
Hi,
I have posted the same issue in another thread but i did not get any response So I'm changing the title and reposting.
I have been working for my current employer from last 4 years.I have good relations with my employer.I have 140 approved and my 485 is pending for more than 180 days.Now I want to join any new employer using my EAD.But I don't want to invoke AC 21.If my dates are current again and if i get any RFE I will submit the offer letter from my old employer.
My case is I'm using EAD after 140 is approved and 485 is pending more than 180 days and joining a new employer.As GC is future employment I can always say that I will join my old employer when ever i get a GC.This way I can avoid AC 21. Also If my employer doesn't give me the offer letter I can still manage to get it from any Consulting firm with same job title and same salary.
Can any one suggest me on this?
Thanks
h12gc
dilbert_cal
04-25 12:04 AM
WillGetGC2005 - here is my understanding of your case :-
You have PD of 2002. You filed 140 and it is already approved. Your 485 is also filed and its more than 2 years on it.
If the above is correct, you do not need to do PD transfer or start any new labor process either.
What you need to do is use AC21. When you change employers, make sure that the new employer/lawyer sends a note that you are using AC-21 to transfer your job and your new job is same as your old job. Your GC process will continue normally after that using the 485 you have filed.
The rule is if you have an approved I140 and your 485 is pending for more than six months, you can transfer employers using AC21. Your previous employer CANNOT revoke your I-140.
This is my understanding. If you have a new employer and have a job offer , just have a talk with the lawyer and things will clear up.
You have PD of 2002. You filed 140 and it is already approved. Your 485 is also filed and its more than 2 years on it.
If the above is correct, you do not need to do PD transfer or start any new labor process either.
What you need to do is use AC21. When you change employers, make sure that the new employer/lawyer sends a note that you are using AC-21 to transfer your job and your new job is same as your old job. Your GC process will continue normally after that using the 485 you have filed.
The rule is if you have an approved I140 and your 485 is pending for more than six months, you can transfer employers using AC21. Your previous employer CANNOT revoke your I-140.
This is my understanding. If you have a new employer and have a job offer , just have a talk with the lawyer and things will clear up.
more...
chanduv23
07-09 07:24 AM
Lets forward this link to DOL ??? How do we do that? Anyone?????????
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anilsal
12-19 12:30 PM
Good to know that. Actually, I have never called his office! I am doing that right away...
Not from the bathtub. ;)
Post your experience with the call.
Not from the bathtub. ;)
Post your experience with the call.
more...
illinois_alum
03-06 09:42 AM
Online application usually warrants a fingerprinting , it's best to apply in paper if that needs to be avoided.
You may avoid fingerprinting (not so sure on that) by paper filing...but applying is a lot faster and easier. Moreover, even if she has to go for fingerprinting..shouldn't be a big deal...they have ASCs all around...
You may avoid fingerprinting (not so sure on that) by paper filing...but applying is a lot faster and easier. Moreover, even if she has to go for fingerprinting..shouldn't be a big deal...they have ASCs all around...
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Fightwithfate
03-15 12:42 PM
Hi Thank you all,
Today (03/15/2010) my employer got Receipt No mail from VSC. It says that VSC Received date is 03/12/2010 and the count of 15 days will start from 03/12/2010.But FedEx Delivery date is 03/04/2010.
Does they process premium processing like this?
Hi attorneys/seniors,
Getting confused about the online status.
Today morning my employer got mail from VSC saying that their received date is 03/12/2010
Status check online by 10:30 AM(03/15/2010)
Status:Initial Review
Date received shown:03/12/2010
Status check online by 1:00 PM(03/15/2010)
Status:Acceptance
Date received shown:03/15/2010
Status went back from Inital review to Acceptance and date also changed from 03/12/2010 to 03/15/2010.
Got confused.
How it works normally?
Today (03/15/2010) my employer got Receipt No mail from VSC. It says that VSC Received date is 03/12/2010 and the count of 15 days will start from 03/12/2010.But FedEx Delivery date is 03/04/2010.
Does they process premium processing like this?
Hi attorneys/seniors,
Getting confused about the online status.
Today morning my employer got mail from VSC saying that their received date is 03/12/2010
Status check online by 10:30 AM(03/15/2010)
Status:Initial Review
Date received shown:03/12/2010
Status check online by 1:00 PM(03/15/2010)
Status:Acceptance
Date received shown:03/15/2010
Status went back from Inital review to Acceptance and date also changed from 03/12/2010 to 03/15/2010.
Got confused.
How it works normally?
more...
gc_peshwa
09-13 10:52 PM
Realistically I feel we (i.e. High Skilled Immigrant community) what the Jews went through during WWII at the hands of the Nazis.
Cornered from ALL sides.
Helpless.
Discriminated against (due to our skills and since we are willing to work like dogs, good deal for US employers)
About to be driven out of this country. (H1 expires shortly and no sign of EAD or GC)
And finally about to be MASSACRED. (at the hands of the Obama's of this world)
US is no longer attractive to top immigrant talent that actually made USA what it is today.
Cornered from ALL sides.
Helpless.
Discriminated against (due to our skills and since we are willing to work like dogs, good deal for US employers)
About to be driven out of this country. (H1 expires shortly and no sign of EAD or GC)
And finally about to be MASSACRED. (at the hands of the Obama's of this world)
US is no longer attractive to top immigrant talent that actually made USA what it is today.
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Anders �stberg
October 6th, 2005, 10:30 AM
I don't think the extension tube affects the optical quality, there is no added glass. What you see is perhaps an effect of increased magnification plus loss of light, leading to the need for a faster shutter speed. Using both a teleconverter and extension tube means more risk for camera shake and as you also get closer you may have more motion blur. What shutter speed did you get for the geese images?
The two birds I posted were photographed at a bird feeding table next to a walkway, they were not very afraid of humans. I had to sit very still close to a tree though as the distance was not more than 12-15 feet. I have tried using camoflage clothes as well as a blind but I think you still have to visit the same place for an extended period to let the birds get used to the addition of the blind or you-posing-as-a-bush in their environment.
The two birds I posted were photographed at a bird feeding table next to a walkway, they were not very afraid of humans. I had to sit very still close to a tree though as the distance was not more than 12-15 feet. I have tried using camoflage clothes as well as a blind but I think you still have to visit the same place for an extended period to let the birds get used to the addition of the blind or you-posing-as-a-bush in their environment.
more...
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kirupa
11-01 04:00 AM
Hi psychman!
I don't have a machine with VS / Blend installed right now, but the reason it isn't working is because you need to actually get a reference to your existing XmlDataProvider and then update it from there. This is almost identical to the Modifying a Databound Collection case: http://www.kirupa.com/blend_wpf/modifying_databound_collection_pg1.htm
Looking at your code, you would need to something similar to the following.
XmlDataProvider existing = Window.Resources["MetadataDS"] as XmlDataProvider;
existing.Source = new Uri(filename);
I am writing the above without the use of VS, so there is a chance it might not work. Let me know if it fails and I can look into it further :)
Cheers!
Kirupa
I don't have a machine with VS / Blend installed right now, but the reason it isn't working is because you need to actually get a reference to your existing XmlDataProvider and then update it from there. This is almost identical to the Modifying a Databound Collection case: http://www.kirupa.com/blend_wpf/modifying_databound_collection_pg1.htm
Looking at your code, you would need to something similar to the following.
XmlDataProvider existing = Window.Resources["MetadataDS"] as XmlDataProvider;
existing.Source = new Uri(filename);
I am writing the above without the use of VS, so there is a chance it might not work. Let me know if it fails and I can look into it further :)
Cheers!
Kirupa
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RNGC
02-05 08:38 PM
Always advicible to use H1B renewal and H1B transfer, recommend not to use EAD.
If you plan to change employer and what if he revokes your I 140. so better to renew.
And what if you plan to renew EAD and it gets delayed ( you can go for interim) so why take risk.
Good luck
Thanks for the replies....but its been more that 180 days since I applied I-485, and my I-140 is approved, so revoking I-140 is out of the question. I would prefer to use AP instead of using H1, the trouble of going to the consulate when you travel......So, one more Q, Can we show our AP, even after we work on the H1 extension at the POE ?
Thanks.
If you plan to change employer and what if he revokes your I 140. so better to renew.
And what if you plan to renew EAD and it gets delayed ( you can go for interim) so why take risk.
Good luck
Thanks for the replies....but its been more that 180 days since I applied I-485, and my I-140 is approved, so revoking I-140 is out of the question. I would prefer to use AP instead of using H1, the trouble of going to the consulate when you travel......So, one more Q, Can we show our AP, even after we work on the H1 extension at the POE ?
Thanks.
more...
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RDB
09-16 01:37 PM
There is no LAW that mandates this!......It's kind of a best practice thing - people usually recommend 6 months.
Ok, I know this could be wrong answer... But since we are legal immigrants we need to follow all the laws!!:D
Ok, I know this could be wrong answer... But since we are legal immigrants we need to follow all the laws!!:D
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richana
01-23 09:20 PM
Thanks for the reply! That was very helpful .
Do I still have to be employed by my original sponsor when i get the appt after 6 months?
If I return to the US in a few months do I still have to option of filing 485 even though I've already applied for CP in India?
Yes to Q1. Yes to Q2, but you will have to discontinue the CP option. I would suggest going the CP way in your case. AOS is unpredictable with CP you will have a definite date. Best option get H1 in India return and apply for AOS, if not apply for CP and return with H1 go back in 6 months get GC if all else fails wait in India for 6 months and come back with GC.
Do I still have to be employed by my original sponsor when i get the appt after 6 months?
If I return to the US in a few months do I still have to option of filing 485 even though I've already applied for CP in India?
Yes to Q1. Yes to Q2, but you will have to discontinue the CP option. I would suggest going the CP way in your case. AOS is unpredictable with CP you will have a definite date. Best option get H1 in India return and apply for AOS, if not apply for CP and return with H1 go back in 6 months get GC if all else fails wait in India for 6 months and come back with GC.
more...
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upuaut
08-10 06:59 AM
Yeah.. I was going for that sort of effect (being a big fan of "Indiana Jones" movies, and "Big trouble in Little China"; and having more than a passing interest in Egyptology). Really this dial is the production that finaly got me thinking that I might have some tallent with Flash. It looks good, loads fast, and is almost immediately understood for what it is.
Thanks for the koodoes..
Thanks for the koodoes..
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lazycis
01-30 11:23 AM
Any feedback on this is appreciated.
The basis for your AOS is approved EB3 I-140. So I do not see a problem porting to another company. That I-140 will remain valid. If you get approval for EB2 I-140, it won't change your eligibility for AOS. I am not sure if you will be able to port priority date. If you worry too much, you can ask employer to withdraw EB2 I-140 application. My hunch is that EB3 with 2001 PD will get approved earlier than EB2.
The basis for your AOS is approved EB3 I-140. So I do not see a problem porting to another company. That I-140 will remain valid. If you get approval for EB2 I-140, it won't change your eligibility for AOS. I am not sure if you will be able to port priority date. If you worry too much, you can ask employer to withdraw EB2 I-140 application. My hunch is that EB3 with 2001 PD will get approved earlier than EB2.
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bluez25
07-26 10:20 PM
Hi Rick,
Are you saying plain white paper with out the letter head is fine?
My local police is saying that they do not have a letter head printed.
Can you share your number so I can call you some time today.
I have sent you my local phone number to your IM . Please check..
Are you saying plain white paper with out the letter head is fine?
My local police is saying that they do not have a letter head printed.
Can you share your number so I can call you some time today.
I have sent you my local phone number to your IM . Please check..
puzon23
02-12 11:40 AM
Yeah, I would have liked to apply a year ago but at that time my employer and I had a different arragnment. Anyway, Hellomms, you are talking about me getting H1B extended but to do all that I have to submit my PERM application first and I really think it will be difficult to even get through the recruitment process at this time. DOL is already talking about watching more carefully and many EB2 cases get audited regardless. Anyway, givien the details I gave in my first post, what would you guys advise, go to Canada and reset the H1B clock or try to force PERM now?
Please advise! Thanks!
Please advise! Thanks!
rajuram
01-26 07:22 PM
FYI, I have been in the queue for 6.5 years now. I did write the letter.
Did your write your letter?
15 minutes of yout time could save you 6-12 years of waiting!
Did your write your letter?
15 minutes of yout time could save you 6-12 years of waiting!
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