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up_guy
03-07 12:34 PM
A hypothetical, but important debate on worst case scenario in changing job using AC21
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Assume changing jobs using AC21 has some risk, debate is what is that risk. I am not expecting response like pack up and leave back to home country as I already know that. I am interested serious debate from people who used AC21 and bought houses and simulated in American culture and have family reasons to stay in US.
Lets assume USCIS send some RFE and rejected 485 that new job was not same or similar. Now -
a) How many days I have to leave country ?
b) After the rejection of adjustment of status how many days I have to wrap up my current job or I must leave it same day when rejection letter received from USCIS ?
b) After those number of days can one acquire visitor's visa for up to six months to pack up stuff, house and family on the ground of rejection of adjustment of status?
c) Can one change status to some non immigrant visa such as new H-1B or F-1 by traveling back and reentering to USA ?
d) After the rejection of adjustment of status can one still port priority date in a new green card processing ?
f) I am also interested to hear feedback on what one can do to mitigate the risk of Ac21(I already know that use attorney's advise when changing job or donot change the job)
================================================== ======
Assume changing jobs using AC21 has some risk, debate is what is that risk. I am not expecting response like pack up and leave back to home country as I already know that. I am interested serious debate from people who used AC21 and bought houses and simulated in American culture and have family reasons to stay in US.
Lets assume USCIS send some RFE and rejected 485 that new job was not same or similar. Now -
a) How many days I have to leave country ?
b) After the rejection of adjustment of status how many days I have to wrap up my current job or I must leave it same day when rejection letter received from USCIS ?
b) After those number of days can one acquire visitor's visa for up to six months to pack up stuff, house and family on the ground of rejection of adjustment of status?
c) Can one change status to some non immigrant visa such as new H-1B or F-1 by traveling back and reentering to USA ?
d) After the rejection of adjustment of status can one still port priority date in a new green card processing ?
f) I am also interested to hear feedback on what one can do to mitigate the risk of Ac21(I already know that use attorney's advise when changing job or donot change the job)
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hineeta
05-22 03:17 PM
Hi,
Our attorney told us to get documents ready to file I-485 as our PD of Jan 2004 might get current, hopefully. Unfortunately, my birth certificate does not have my name (at time of birth, name was not decided) but rest info is there. This makes for incomplete information on birth certificate. Here is what we have been advised to do (copied from attorney's mail):
My question is has anyone got Nonavailability certificate in case of missing birth certificate from Delhi (my place of birth), India. If yes, please...........help me out and let me know how to go about it. My parents are not even sure which Municipalty branch to go to.......they are getting the affidavits ready, though.
"Since your birth certificate is not available, you may obtain a Certificate of Non-Availability: This document is issued by a competent governmental authority confirming that the birth certificate does not exist. There is no set format for certificates of non-availability, but the document must indicate the reason the birth record does not exist, and indicate whether similar records for the time and place are available.
You may also obtain a Affidavit of Birth: If a birth certificate does not exist, was issued more than one year after your birth, or does not contain all of the required information as stated above, a sworn affidavit executed by both parents (mother and father) may be submitted. "
Our attorney told us to get documents ready to file I-485 as our PD of Jan 2004 might get current, hopefully. Unfortunately, my birth certificate does not have my name (at time of birth, name was not decided) but rest info is there. This makes for incomplete information on birth certificate. Here is what we have been advised to do (copied from attorney's mail):
My question is has anyone got Nonavailability certificate in case of missing birth certificate from Delhi (my place of birth), India. If yes, please...........help me out and let me know how to go about it. My parents are not even sure which Municipalty branch to go to.......they are getting the affidavits ready, though.
"Since your birth certificate is not available, you may obtain a Certificate of Non-Availability: This document is issued by a competent governmental authority confirming that the birth certificate does not exist. There is no set format for certificates of non-availability, but the document must indicate the reason the birth record does not exist, and indicate whether similar records for the time and place are available.
You may also obtain a Affidavit of Birth: If a birth certificate does not exist, was issued more than one year after your birth, or does not contain all of the required information as stated above, a sworn affidavit executed by both parents (mother and father) may be submitted. "
wandmaker
01-02 02:48 PM
Why should the employer hold your salary? If you had any agreement for paying back cost of your GC processing for leaving within a certain period, that would not hold any more (since last June such agreements are illegal)
No employer will write a direct agreement, you will have to payback the GC cost - instead they execute an agreement, employee should payback all the benefits (legal fees, service fee, tuition fee and etc)extended to him, if s/he leaves before X number of months/years - which is legal. Refer to one of the posts, http://immigrationvoice.org/forum/showpost.php?p=211373&postcount=3 , which has same opinion.
BTW, can you post the reference that states this kind of agreement is illegal - I would like to bookmark it, if one available.
No employer will write a direct agreement, you will have to payback the GC cost - instead they execute an agreement, employee should payback all the benefits (legal fees, service fee, tuition fee and etc)extended to him, if s/he leaves before X number of months/years - which is legal. Refer to one of the posts, http://immigrationvoice.org/forum/showpost.php?p=211373&postcount=3 , which has same opinion.
BTW, can you post the reference that states this kind of agreement is illegal - I would like to bookmark it, if one available.
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neeidd
06-30 09:23 PM
Looking at your profile, your date is current now - hope you don't need to apply for anything and get the GC itself...
I hope so :)
I hope so :)
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ameryki
02-02 09:39 PM
Has anyone here gone through the new visa form process and can share experience?
rvendra
10-30 11:24 AM
No, My employer based in New York, we don't have any offices in FL
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lkapildev
11-16 09:52 AM
Hi All,
This is forum for LC Sub cases. I'm on last phase of my L1B(5 years would complete on 2009) so my company a large corp evaluted my case as fit for LC Sub and applied I-140 on July 4th and 485 on July 27.
I have no status on my I-140/485 or 131 since got the Receipts. Got EAD.
Even after my FP the case also was not updated.
Question:
If you have filed your I-140 LC Sub are you seeing any progress on your file?
If yes, which date your I-140 was applied?
Was that standaline or Join filing with I-485?
Which Service center is handling your case?
This is forum for LC Sub cases. I'm on last phase of my L1B(5 years would complete on 2009) so my company a large corp evaluted my case as fit for LC Sub and applied I-140 on July 4th and 485 on July 27.
I have no status on my I-140/485 or 131 since got the Receipts. Got EAD.
Even after my FP the case also was not updated.
Question:
If you have filed your I-140 LC Sub are you seeing any progress on your file?
If yes, which date your I-140 was applied?
Was that standaline or Join filing with I-485?
Which Service center is handling your case?
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iamrbk
04-15 09:05 AM
Hello All,
I am travelling in June to India, during that trip I have to stamp my H1B visa at Mumbai or Delhi. Does any one has a recent experience at Mumbai consulate about visa interview? Does anyone knows current acceptance percentage at Mumbai or delhi consulate? Is it safer to travel in the economic crisis?
At the same time I have heard some rumors regarding rejection at Port of Entry is that true. Anyone from this group has faced such situation?
Thanks in advance
I am travelling in June to India, during that trip I have to stamp my H1B visa at Mumbai or Delhi. Does any one has a recent experience at Mumbai consulate about visa interview? Does anyone knows current acceptance percentage at Mumbai or delhi consulate? Is it safer to travel in the economic crisis?
At the same time I have heard some rumors regarding rejection at Port of Entry is that true. Anyone from this group has faced such situation?
Thanks in advance
more...
brawn81
01-27 11:38 AM
Here is the link that I found. Americans think h1b's are not paying taxes. Ignore it was posted.
Can Immigrants Save Social Security? By Edwin Rubenstein (http://www.zazona.com/ShameH1B/Library/Archives/SaveSS.htm)
Conclusion Text:
Foregone payroll taxes are just the tip of the iceberg. H-1b�s are entitled to every social service funded by U.S. taxpayers. They use our city parks, roads, and other infrastructure. And after working six years without paying Social Security taxes many H-1bs get Green Cards, qualifying them for Social Security benefits when they retire. No effort is made to collect back payroll taxes. And what about those American workers who lose their jobs, their health insurance, and Social Security points because companies prefer the cheaper H-1bs?.
Thanks.
Can Immigrants Save Social Security? By Edwin Rubenstein (http://www.zazona.com/ShameH1B/Library/Archives/SaveSS.htm)
Conclusion Text:
Foregone payroll taxes are just the tip of the iceberg. H-1b�s are entitled to every social service funded by U.S. taxpayers. They use our city parks, roads, and other infrastructure. And after working six years without paying Social Security taxes many H-1bs get Green Cards, qualifying them for Social Security benefits when they retire. No effort is made to collect back payroll taxes. And what about those American workers who lose their jobs, their health insurance, and Social Security points because companies prefer the cheaper H-1bs?.
Thanks.
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Leo07
05-04 01:35 PM
CuriousWho would you prefer contributing to?
a. ....I'd pay money to track my case with my data-included.
b. ImmigrationVoice -- I believe in it and it pays forward.
c. None...........I don't trust both
d. Both...........I LOVE both and/or have loads of money.
a. ....I'd pay money to track my case with my data-included.
b. ImmigrationVoice -- I believe in it and it pays forward.
c. None...........I don't trust both
d. Both...........I LOVE both and/or have loads of money.
more...
nrirureta
03-31 07:34 AM
two bucks for a stamp??? outrageous...:+)
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HRPRO
05-05 02:25 PM
Shouldn't take more than a month in most cases. Of course there are excpetions.
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gc28262
07-19 12:43 PM
thanks for the quick response,
Th I-140 is not revoked yet, but the original company that filed it is going to split in to 2 separate companies by the end of the year and I think I-140 will become invalid after that right if the original company doesnt exist anymore??
You can still claim the PD of your old I-140. Once an I-140 is approved PD is yours to keep for life.
Please see a note by Ron Gotcher below.
ImmInfo Newsletter: The effect of an employer withdrawal of an I-140 (http://imminfo.com/News/Newsletter/2010-07/employer-withdrawal-of-I-140.html)
Th I-140 is not revoked yet, but the original company that filed it is going to split in to 2 separate companies by the end of the year and I think I-140 will become invalid after that right if the original company doesnt exist anymore??
You can still claim the PD of your old I-140. Once an I-140 is approved PD is yours to keep for life.
Please see a note by Ron Gotcher below.
ImmInfo Newsletter: The effect of an employer withdrawal of an I-140 (http://imminfo.com/News/Newsletter/2010-07/employer-withdrawal-of-I-140.html)
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akhilmahajan
09-25 09:41 PM
Come on folks from New England area join the chapter. Let plan a meet and decide on our future actions.
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rameshavula
07-16 12:51 PM
how are you planning on getting the deposit slip stamped in ScotiaBank?
P.S: I have an appointment on Aug 23rd, it would be helful to know how to do this. Thanks
I took the stamped deposit slip the same day morning at 9 AM (My appointment at 10 AM). I am sure you already looked at the nearest scotia bank locations in Ottawa. It takes only couple of minutes for the teller to stamp the slips.
P.S: I have an appointment on Aug 23rd, it would be helful to know how to do this. Thanks
I took the stamped deposit slip the same day morning at 9 AM (My appointment at 10 AM). I am sure you already looked at the nearest scotia bank locations in Ottawa. It takes only couple of minutes for the teller to stamp the slips.
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mybond
07-19 01:26 PM
Hi
It will great help if some body can help regarding this.
I had my H1B from A Company,Recently i have moved to B Company where i was asked to go to UK for Business purpose.I have yet to have stamping from B Company.I still have valid visa till end of next year from Company A name stamping in the passport.Will there be any issues for comming back from UK without having stamping.
Thanks
It will great help if some body can help regarding this.
I had my H1B from A Company,Recently i have moved to B Company where i was asked to go to UK for Business purpose.I have yet to have stamping from B Company.I still have valid visa till end of next year from Company A name stamping in the passport.Will there be any issues for comming back from UK without having stamping.
Thanks
more...
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gcformeornot
08-09 08:33 PM
my case doesn't have checkes cashed or Receipts. I have thankfully filed with lawyers. Will vote when I get RD:)
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jliechty
February 11th, 2004, 09:30 AM
Well, the first thing that I noticed was not the ceiling, but rather the cute little Shetland Sheepdog in the middle of the walkway. Of course, I love dogs (and especially Shelties)... ;)
I think if I stare at the image long enough, I can sometimes see the effect you're talking about, though it's not like that effect jumps out at me. IMHO, this picture is still a good study of geometric forms, whether or not it has issues with optical illusions. :)
I think if I stare at the image long enough, I can sometimes see the effect you're talking about, though it's not like that effect jumps out at me. IMHO, this picture is still a good study of geometric forms, whether or not it has issues with optical illusions. :)
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telugu_power
03-02 07:13 PM
I always wonder these ARAVAS deserve GC?
Because where ever they will make lot of fuss there and cause so many troubles to hosting country...
Srilanka they made a beautiful country as almost ash because of their perverted intensions..And Singapore they will never go with country's best interests...and Malaysia....
And even in India see the support to LTTE (Openly)
Also all most all these ARAVAs are blue collar cheap labor, I don�t know how a considerable number of Tamils getting h1b
Actually USCIS needs to think about them to avoid future problems...
Because where ever they will make lot of fuss there and cause so many troubles to hosting country...
Srilanka they made a beautiful country as almost ash because of their perverted intensions..And Singapore they will never go with country's best interests...and Malaysia....
And even in India see the support to LTTE (Openly)
Also all most all these ARAVAs are blue collar cheap labor, I don�t know how a considerable number of Tamils getting h1b
Actually USCIS needs to think about them to avoid future problems...
Blog Feeds
08-09 10:40 PM
As of July 24, 2009, approximately 44,900 H-1B cap-subject petitions have been received by U.S. Citizenship and Immigration Services (USCIS) and counted towards the H-1B cap. Approximately 20,000 petitions qualifying for the advanced degree cap exemption have been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits. The H-1B program allows foreign nationals to work for their U.S. sponsor employer in a specialty occupation that requires theoretical or technical expertise in specialized fields. This may include scientists, engineers, and commuter programmers to name a few. The cap count for H-1B fiscal year 2010 is available at www.uscis.gov (http://www.uscis.gov).
Call us at 214-999-9999 and Kraft & Associates will answer your H-1B questions.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/q6etIgCz4yY/)
Call us at 214-999-9999 and Kraft & Associates will answer your H-1B questions.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/q6etIgCz4yY/)
die_exquisita
07-07 02:45 AM
Hello,
I came across this particular requirement in VFS website for a H4 applicant:
'letter from employer that describes the relationship with the Principal Applicant and the purpose of travel'
I would really appreciate it if anybody has a sample of the same or an inkling as to what exactly it is (as far as I know, the employer can provide an employment verification letter, but not stating that the spouse is applying for a dependent visa and so on).
Thank you for your time and help!
I came across this particular requirement in VFS website for a H4 applicant:
'letter from employer that describes the relationship with the Principal Applicant and the purpose of travel'
I would really appreciate it if anybody has a sample of the same or an inkling as to what exactly it is (as far as I know, the employer can provide an employment verification letter, but not stating that the spouse is applying for a dependent visa and so on).
Thank you for your time and help!
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