senk1s
06-19 12:05 PM
A quick question:
I just have the FRONT side copy of the EAD stored.
Why do we need the BACK side of the copy?
Responses will be appreciated.
It is mentioned specifically in the 765 instructions ... see on Pg 6
http://www.uscis.gov/files/form/I-765instr.pdf
I just have the FRONT side copy of the EAD stored.
Why do we need the BACK side of the copy?
Responses will be appreciated.
It is mentioned specifically in the 765 instructions ... see on Pg 6
http://www.uscis.gov/files/form/I-765instr.pdf
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logiclife
12-03 11:31 AM
Do not worry about it. As long as you keep your job, you are fine. I've been thru the same situation, did not do anything special and got my GC.
Its not enough just to be employed. What's even more important is that if and when USCIS sends a query/RFE to find out whether or not you have a future job offer, for which your GC was filed by employer A in first place, you should be able to get your current employer to produce a letter saying "We will hire Mr./Ms XYZ on ABC job with asdkfjdjfkasj description upon him getting green card" something like that.
It doesnt matter where you are working at that time. It could be company B, C, D, E , F or a merged company of above combinations.
Getting such a letter is no big deal in bigger companies, takes one email to HR and they will produce such a letter. But to be on safe side, talk to your current and future employers after using AC21 portability 106(c) that they are comfortable writing such a letter.
If you are on H1 when after using AC21 portability, and if your company gets merged/acquired, I think if the merged entity (new company) has become the successor in interest of the original company (company B) you may not have to file an amendment to H1, as long as your job duties, location of work etc have not changed. (Check with your lawyer please). You can continue on same H1. However, if you are on H1 and if company has been merged/acquired then its safer to get h1 amended or new H1 if you are travelling abroad. (Unless you are going to use AP for re-entry).
But if you are using EAD, then there is nothing to amend, just continue working. EAD doesnt depend on who the employer is, it just is an interim work permit until your adjustment of status is done.
Its not enough just to be employed. What's even more important is that if and when USCIS sends a query/RFE to find out whether or not you have a future job offer, for which your GC was filed by employer A in first place, you should be able to get your current employer to produce a letter saying "We will hire Mr./Ms XYZ on ABC job with asdkfjdjfkasj description upon him getting green card" something like that.
It doesnt matter where you are working at that time. It could be company B, C, D, E , F or a merged company of above combinations.
Getting such a letter is no big deal in bigger companies, takes one email to HR and they will produce such a letter. But to be on safe side, talk to your current and future employers after using AC21 portability 106(c) that they are comfortable writing such a letter.
If you are on H1 when after using AC21 portability, and if your company gets merged/acquired, I think if the merged entity (new company) has become the successor in interest of the original company (company B) you may not have to file an amendment to H1, as long as your job duties, location of work etc have not changed. (Check with your lawyer please). You can continue on same H1. However, if you are on H1 and if company has been merged/acquired then its safer to get h1 amended or new H1 if you are travelling abroad. (Unless you are going to use AP for re-entry).
But if you are using EAD, then there is nothing to amend, just continue working. EAD doesnt depend on who the employer is, it just is an interim work permit until your adjustment of status is done.
matreen
10-07 03:59 PM
i am going to do almost exactly what you are thinking in a matter of few days. i spoke to two lawyers. essentially, ac21 allows this and there is nothing that you have to really do. Of course, i am assuming that you are moving into a job that has the similar job duties as specified in your labor application. what you need to do is make 100% sure that you have documentation to prove this job duties similarity. if you are going to get an SOW from your client, make sure that the SOW is similar to your labor. if you can, do get a letter from your client (where you will do your actual work) stating your job responsibilities, work content etc. you will also need to document/prove actual existence of your business by showing your tax transactions, invoices/receipts etc. also, make sure that you are spending 40 hours (or whatever is the equivalent of a full time job) doing your labor certified job... all this will be required only if USCIS sends you an RFE or calls you for an interview.
wish you luck
Don't you think if you're changing jobs and new job has to be fulltime with new employer? not contract?
Can we invoke AC21 on temp contracting job?
As you said if you go with contracing job where you will be running your payroll? Is it on your new owned company on your name? Or it has to be someone else name like spouse or friend?
Thanks,
Matt
wish you luck
Don't you think if you're changing jobs and new job has to be fulltime with new employer? not contract?
Can we invoke AC21 on temp contracting job?
As you said if you go with contracing job where you will be running your payroll? Is it on your new owned company on your name? Or it has to be someone else name like spouse or friend?
Thanks,
Matt
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wandmaker
08-11 01:47 AM
Thanks for this info.
Well,I was given Green Form 221 g from NEw Delhi Consulate wherein they asked me to submit: Unemplotment Wage reports, Project description, Notarised list of Employee and W2.
With regards to my personal info, they okayed it with my MBA degree and over 12 years experience behind.:cool:
BTW, this is my first attempt in getting H1B Visa and I have B1/B2 Visa for10 yrs as also visited USA twice and came back within a fortnight.
My background check is okay.
The problem is with the Employer!!
(1) Unemployment Wage Report: All employers who are liable for unemployment insurance (UI) must file a tax and wage report for each quarter they are in business. Active employers should receive a printed report by mail during the last week of each quarter. The report must be filed by the due date. Employers must report all wages paid to employees. Consulate will be in a position to determine the stablity of the employer based on quarterly reports, which will give detailed insight about how company is doing.
(2) Project Description: Consulate is interested in what you will be doing with the company once you land the USA. This is a free form letter issued in a company letter head addressing to Consulate (Delhi in your case).
(3) Notarised list of Employee: Consulate can verify whether the number of employees mentioned in your document is same or higher; this can be tied to (1).
(4) W2: Consulate will require annual tax return filed by employer to see how the company has performed in the last year and current state can be determined by (1)
In my opinion, (1) , (2) and (4) is mandatory and (3) information can be obtained from (1) - without which your visa will not be issued.
If your employer is not co-operative then I suggest you start looking for new employer.
Well,I was given Green Form 221 g from NEw Delhi Consulate wherein they asked me to submit: Unemplotment Wage reports, Project description, Notarised list of Employee and W2.
With regards to my personal info, they okayed it with my MBA degree and over 12 years experience behind.:cool:
BTW, this is my first attempt in getting H1B Visa and I have B1/B2 Visa for10 yrs as also visited USA twice and came back within a fortnight.
My background check is okay.
The problem is with the Employer!!
(1) Unemployment Wage Report: All employers who are liable for unemployment insurance (UI) must file a tax and wage report for each quarter they are in business. Active employers should receive a printed report by mail during the last week of each quarter. The report must be filed by the due date. Employers must report all wages paid to employees. Consulate will be in a position to determine the stablity of the employer based on quarterly reports, which will give detailed insight about how company is doing.
(2) Project Description: Consulate is interested in what you will be doing with the company once you land the USA. This is a free form letter issued in a company letter head addressing to Consulate (Delhi in your case).
(3) Notarised list of Employee: Consulate can verify whether the number of employees mentioned in your document is same or higher; this can be tied to (1).
(4) W2: Consulate will require annual tax return filed by employer to see how the company has performed in the last year and current state can be determined by (1)
In my opinion, (1) , (2) and (4) is mandatory and (3) information can be obtained from (1) - without which your visa will not be issued.
If your employer is not co-operative then I suggest you start looking for new employer.
more...
brit89
07-05 08:33 PM
When the news broke about PDs becoming current, I told 2 of my friends and my family that there is something wrong going on.
It is a common sense that the visa numbers are governed by policies and should be approved by senators in parliament if not by the president.
There were no indications in senate sessions nor announcement of any political intervention at the highest level to turn the table all together.
DOL and USCIS have all excuses to wash their hands of the issue now.
We should learn to forget what has happened to prepare ourselves to move on and on and on ....
Unless there happens a miracle like in fairy tales, we never know, all depends on our karma and not worthwhile to blame anybody on this.
It is a common sense that the visa numbers are governed by policies and should be approved by senators in parliament if not by the president.
There were no indications in senate sessions nor announcement of any political intervention at the highest level to turn the table all together.
DOL and USCIS have all excuses to wash their hands of the issue now.
We should learn to forget what has happened to prepare ourselves to move on and on and on ....
Unless there happens a miracle like in fairy tales, we never know, all depends on our karma and not worthwhile to blame anybody on this.
purgan
07-27 12:30 PM
Urstruly
I believe your friend and his wife will be fine. They have 180 day+45 day grace period...it is taking NSC quite a while to generate RNs so she will probably get the GC after FY2008 quota is effective in Oct
But seperately I wish I had such good friends:-).
I believe your friend and his wife will be fine. They have 180 day+45 day grace period...it is taking NSC quite a while to generate RNs so she will probably get the GC after FY2008 quota is effective in Oct
But seperately I wish I had such good friends:-).
more...
dpp
08-18 12:09 PM
that was expected. 300K * 1.7(average family size according to USCIS) = Approx. 500K
They clearly said estimated 300K received. This 300K estimate includes all I-485 petitions, do not confuse and speculate incorrect info.
They clearly said estimated 300K received. This 300K estimate includes all I-485 petitions, do not confuse and speculate incorrect info.
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BharatPremi
12-05 04:46 PM
Here is a link to update your profile - you could pick a new state of residence.
http://immigrationvoice.org/forum/profile.php?do=editprofile
Hope this answers your question.
Yes, I knew that but Thanks.
http://immigrationvoice.org/forum/profile.php?do=editprofile
Hope this answers your question.
Yes, I knew that but Thanks.
more...
FinalGC
07-03 03:14 PM
after 140 is approved!! Only then can u port your PD. Otherwise you will start at the end of line again....
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GCOrNoGC
08-20 04:57 PM
Thank your for ur reply....What about I-129 petition & withdrawal letter...Is there anything that protects me which states that i have a right to get a copy of documents - petition, letter, etc,...from employer. Can somebody point me in the right direction to so that i have a case in point.!
Thanks!
uslegals,
I sent you a couple of PM's, can you pls respond
Thanks
Thanks!
uslegals,
I sent you a couple of PM's, can you pls respond
Thanks
more...
rakesh_one
03-20 03:25 PM
I believe, you dont have choice but to go with EB3 of the new company. That way, you will still be in US and EB3 (India) is not going to be bad going forward as it crossed major hurdle of April'01. With April 08 bulletin, everyone learned that unused visas flow into different categories. So pretty soon, EB3 ROW will be current and there wouldnt be many people to use all of them. They will flow into EB3 India.
I needed some advice on this situation I've found myself in.
I have a PERM application filed with my current employer (EB2, Oct 2007). Like most EB2 apps, mine is under a business necessity audit and we have filed an audit response for it. My lawyers are pretty sure that we will clear the audit. Guessing from , the response may be 2-3 months away.
Now I have a second offer from another company. Everything about the job and company is better than my current, but the legal team at this second company says that they will only file in EB3 (even though the job requirement says Bachelors + 8 yrs). They say that they have other EB2 audits going on and have made it a policy to only do EB3 going forward.
I'm on the 5th year of my H1 (don't ask, had a PD of 2005, caught up in BEC and got laid off last May) and this probably will be the last chance for me to change jobs before I cool my heels and wait for the repercussions of the July Fiasco to be over with.
I can't decide of weather to keep my existing EB2 job or take the new offer and step down to EB3.
Please help!
I needed some advice on this situation I've found myself in.
I have a PERM application filed with my current employer (EB2, Oct 2007). Like most EB2 apps, mine is under a business necessity audit and we have filed an audit response for it. My lawyers are pretty sure that we will clear the audit. Guessing from , the response may be 2-3 months away.
Now I have a second offer from another company. Everything about the job and company is better than my current, but the legal team at this second company says that they will only file in EB3 (even though the job requirement says Bachelors + 8 yrs). They say that they have other EB2 audits going on and have made it a policy to only do EB3 going forward.
I'm on the 5th year of my H1 (don't ask, had a PD of 2005, caught up in BEC and got laid off last May) and this probably will be the last chance for me to change jobs before I cool my heels and wait for the repercussions of the July Fiasco to be over with.
I can't decide of weather to keep my existing EB2 job or take the new offer and step down to EB3.
Please help!
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txh1b
08-17 09:47 AM
When I went for H1B stamping my B1 was cancelled and I was told one can not have more than one visa at the same time.
That is totally wrong on whoever said that to you. One can have B1 and work visas on their passport without any problems and use it based on the nature of the trip. Only conflicting visas will likely be cancelled. Eg would be L1 and H1 at the same time for different employers. The VO could cancel the one that isn't being used.
Either the VO that took your case wasn't well versed with the law or made a mistake.
That is totally wrong on whoever said that to you. One can have B1 and work visas on their passport without any problems and use it based on the nature of the trip. Only conflicting visas will likely be cancelled. Eg would be L1 and H1 at the same time for different employers. The VO could cancel the one that isn't being used.
Either the VO that took your case wasn't well versed with the law or made a mistake.
more...
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abheja
12-21 11:57 AM
I am not sure if there is a way for you or your attorney to verify. You should ask your attorney and if it is possible, please verify.
I got stuck in Canada for a week because the PIMS was not up-to-date. Luckily it took only a week but I have heard stories people getting stuck for a couple of weeks. If you are not in the PIMS, the consulate contacts the KCC and they have to research and update the PIMS. Do a find on PIMS and you'll hear a lot of stories.
Goodluck!
I got stuck in Canada for a week because the PIMS was not up-to-date. Luckily it took only a week but I have heard stories people getting stuck for a couple of weeks. If you are not in the PIMS, the consulate contacts the KCC and they have to research and update the PIMS. Do a find on PIMS and you'll hear a lot of stories.
Goodluck!
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Kapils573
02-08 12:20 AM
Priority date is May 2006,EB2
more...
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sunny26
02-14 05:51 PM
Because u r in Chennai You can contact Belview travels. I always use to book ticket thr them. They give good rates. They accept check or u can transfer to belview ICICI account. Very proffessional. If u need details send PM. I can give u phone number and gmail id so u can chat with them
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vbkris77
12-27 02:25 PM
I have a valid H-1B valid till 18th feb 2011 for employment with my previous employer. I had changed employment and now have I797C for the new employer valid till Nov 2011. I plan to go to India and be back in 1 week, my employer would issue me a leave approval letter. My present employer is a big hospital-non profit and I am a health professional.
Can some one tell if would need to get a new visa stamped if I come back by 15th January 2011. What documents should I carry. Should I talk to a lawyer before I leave. My mom is stable now but I am afraid If dont go now, I might not be able to gor a long time as I dont want to get re-stamping done.
Please advice
Existing stamping is good even if the employer is changed. But for your unique situation, contact your lawyer..
Can some one tell if would need to get a new visa stamped if I come back by 15th January 2011. What documents should I carry. Should I talk to a lawyer before I leave. My mom is stable now but I am afraid If dont go now, I might not be able to gor a long time as I dont want to get re-stamping done.
Please advice
Existing stamping is good even if the employer is changed. But for your unique situation, contact your lawyer..
more...
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chanduv23
09-14 10:32 AM
Please allow me to answer your question when I see you in person.!:o
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dummgelauft
11-12 12:10 PM
Sounds liek a great idea, I am right there with you, because this just makes no sense.
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immig4me
11-03 11:05 AM
Interesting...
1 way plane ticket - a maximum of $500-1000.
Put them in a police bus/army truck = 50-100 per head
Finding the criminals = priceless!
Couldn't resist :D:D
1 way plane ticket - a maximum of $500-1000.
Put them in a police bus/army truck = 50-100 per head
Finding the criminals = priceless!
Couldn't resist :D:D
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?
ak_2006
04-30 05:16 PM
http://www.americasvoiceonline.org/blog/entry/liveblogging_today_starting_at_2pm_est_senate_hear ing_on_immigration_reform/
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