Turtle Tattoo Designs

There is no gain in waiting longer.

What is AC21? It exists due to immigration rules of limited PDs and backlogs which prolong the processing time of a 485 beyond 180 days. Since these delays are caused by their system, they have provided the option of switching employers as long as certain criteria is met.

As long as you meet the critieria you are all set. Waiting longer without meeting the criteria will be of no use and if you meet all the requirements of AC21, there is no reason to wait.

Thanks for replying KaiserSoze...nice name btw, hope you are not a figment of imagination like the one in the movie ;-)

I don't intend to be intrusive, but are you currently on EAD? Or do you plan to move to it?

I have also read at multiple places that the receipt date is the date from which we start counting 180 days for AC21. I believe that this date still holds true when one's case is transferred from say NSC to TSC. Does anyone know this for sure?

As luck would have it, my contract with my client ends on the 183rd day of my receipt date! Hence this and the original question

I will still wait for lawyer's opinion.

you wont be subject to cap if you jump to H4 and jump back to H1 since you were on cap subject H1 within the past 365 days. However if your spouse jumps to H4, she can only jump back to a non-cap H1. If she wants to work for a for-profit, she has to go through teh H1 cap.

Basically the fact that your H4 was based off a non-cap H1 has no bearing on your own H1 status and cap limits and returning to H1 again.

If you are on 7th year and you get layed off, you can only get the H4->H1 done if you still have that I-140 approved. If in the process of laying you off your employer also cancels teh I-140 you cant come back to H1. You need to wait outside teh US a year and you'll be subject to cap again.

one more thing: I am not sure how long you can stay on H4 and come back to H1 without being subject to cap. (is it 1 year or 6 years)

I was on bench for 4 months in 2001. I have 2 times H1 transfer after that and visited India couple of times. I have regular pay stubs from 2002 onwards.

Can this create an issue while IO is working on my 485 application?

The official stance from my attorneys on this kind of a situation is to ensure that you were not "unlawfully present" in the US during the time in question.

What that means is if you were over 180+ days out of status, you enter into what is known as "unlawful presence" period. In that situation, the penalties are far more severe than just status violation.

In your case, the time period is well within that limit and that coupled with the fact that you were lawfully re-admitted into the US twice since the period should not cause concern.

If it does come up during adjudication, a good attorney should be able to compose a response accordingly.

Hope that helps!

--Karthik

I just can't believe how many times this topic has come up, and yet keeps coming up.

We have had long heated discussions on this topic many times, and always come to the same conclusion and that is to push for filing I-485 without visa availability. This topis has so oft debated, there is no merit in kicking it up again.

I don't think USCIS will ask any questions if you are applying for a new H1 from a different company. You might have a problem if you are asking for a transfer as you have not uesd the current H1. Before coming to US, I had 3 H1Bs done by 3 different companies(in the span of 3 years). I used the last one and I had no problem. Actually I had the first H1 stamped and never used it. When I went for the 2nd stamping(before actually coming to US), they just cancelled the first one on my passport. Again, this was between 97 and 99, if things have changed now, I have no idea. I still did not get my GC either (10th year on H1B) so I don't know if that is going to be an issue in future.

Yes, it is still true.

Did you see my comment on this shot in the gallery, because I said the same exact thing "ask and you shall receive". Anyway, like I said there, great shot, Anders would be proud. ;)

Ok, count on me and will be there at 11:00 am.
See you Saturday, please see the previous reply to USIRIT as I suggest we meet outside.

NoBody will get greencard .it is a scam.
that seems a more realistic prediction :D

Thank you ZCool for the information.

Was planning to call back again.

Thank you.

Thanks for calling, try to call again, and ask the receptionist to transfer to the the person who handles the immigration department. Tell him the need for recapture visa bill, as you plan to buy homes. And how this bill will help in towards minimizing the housing crisis and the downfall of the economy.


Please I humbly request all IV members to call her office.



Thank you

Straight I 485, EAD and AP filing, then aim for 6 months.
Let us form a group who are pushing to introduce Ammendment for Filling I485, AP &EAD when I140 approved/pending for 6 months, eventhough Cut-off dates are not reached for EB category immigration. Please discuss here weather any work being done to introduce this ammendment with present Comprehencive Bill.

Dear Friends,
After putting lot of pressure to my company the company lawyer did concurrent filing of i-140 and 485. The application was submitted and received my Nebraska on July 27th 2007.
I have not spoken to the attorney, when I called his office; his staff gave me a FedEx number for my application which showed that it reached Nebraska Service Center. I am assuming that the application was send out. My checks are not yet cashed; I have not received a receipt notice or any other document. Is there anyone else on my situation, I am starting to doubt if my application has gone out, please advice
Thanks

Because this is the case where it is not clear if the H-1B was applied for before or after oct 2006 and if the H-4 was in H-1 status ever before.

US Date format on your AP would create some confusion in Immigration officer at Airport in India while coming back to USA..

On Bombay air port, I struggled for 5 minutes on AP date..US dates are MMDDYY format while India have DDMMYY...Our AP date was 9/7/2005 (Sep 7 2005) & we were travelling back to US on Aug 2, 2005 (India format 2/8/2005)...Immigration officer told us that WE Cant travel because our AP was expirered on Jul 9, 2007..I told him that USA dates are in MMDDYY format but he did not listened..then he called his Supervisor, his boss looked at our AP & he also said WE cant travel....Then I "politely" argued that dates in USA are MMDDYY format & my AP is valid...Somehow, his colleague on next counter was listening our converastion with him (& his Boss) and told our IO that I am right and my AP was valid....some how he was convinced by his colleguae and we were let go...

All of our family were tense...so take care of AP date format...

Presently Continental is the only non-stop EWR-BOM service operated on a daily basis. AI flies EWR-CDG-BOM

Delta also fly BOM-JFK non-stop, the aircraft is a B 777 (same as the one Continental use on their BOM-EWR route)... quite comfortable.

I have still not converted my I-140 to premium with my current employer, though I intend to right away. But, that will take a month (upto 15 bus. days) and then say 2 weeks to try to get the copy of I-140.

Till then I cannot hold the other job offer.

Yes I believe the HR department is wrong in this case.
The problem according to them is that they need to verify the picture on the document I provide with the picture that the E-verify system will show.

I am researching this further once I get some more information from DHS I will be arguing with HR again.

Thanks Euclid.

Hi,

I have my I-140 approved in EB2 category (applied in Feb 06), at present
in H1b (paperwork valid till Nov. 07). I would like to know
whether there are any problems in going to India and getting
my visa stamping done.

Are there any legal issues - like you cannot travel abroad while your I-140 is
approved and do not have AP and EAD ?? (I cannot apply for I-485 and also AP/EAD as
I have filed my I-140 petition in Feb 06; and the processing date for EB2 (India)
is Jan 03).

Any suggestions/comments/advice greatly appreciated.

pradeep

I am agree with you. But my question how can we correct this issue? Called no of times and they are not able to correct the issue. If she travel with that status any issue?

Write to CISOmbudsman <CISOmbudsman.Publicaffairs@dhs.gov> and local congressman.

That was just what I knew. For example NV does the same because they dont have state tax. They don't see a reason why they should give instate for people on temporary visas and do not pay taxes to the state. They consider us as people who are here on Non Immigrant visas who will leave any time. As you said ,TX might be more considerate.