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chapper
07-23 06:59 PM
Others can correct me, if I'm interpreting it wrong. A try...
An individual is eligible for AC21 only if he/she has approved I-140 but is not granted GC because of per country cap.
It means that when a petitioner applies for H1B extension - they (beneficiary and petitioner) must at the time of filing H1B establish/prove that the alien is not eligible for GC at the time of filing of H1B due to per country visa cap (not many visas available for the country the individual belongs or is claiming GC under).
Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?
A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations
An individual is eligible for AC21 only if he/she has approved I-140 but is not granted GC because of per country cap.
It means that when a petitioner applies for H1B extension - they (beneficiary and petitioner) must at the time of filing H1B establish/prove that the alien is not eligible for GC at the time of filing of H1B due to per country visa cap (not many visas available for the country the individual belongs or is claiming GC under).
Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?
A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations
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nfinity
07-17 09:46 AM
Its I-485 which indicates immigration intent. Its right there in the conference call. Someone asked the same question in relevance to filing for F1.
irukandji
04-04 11:34 AM
Yes I filed my 485.
Do you have your 140 receipt and please post the status if the status is updated to denied/revoked/withdrawn.
Not sure in your case is luck or is 485 receipt is just enough for unlimited H1B extensions?
What do you think you can get another extension after 3 yrs with the same scenario as you had for this extension?
Do you have your 140 receipt and please post the status if the status is updated to denied/revoked/withdrawn.
Not sure in your case is luck or is 485 receipt is just enough for unlimited H1B extensions?
What do you think you can get another extension after 3 yrs with the same scenario as you had for this extension?
2011 African Elephant - male
caliducas
06-06 04:56 PM
I believe unless you filed I-485 under the revised fee structure last year, you need to pay for EAD and AP renewal every time you have to renew.
I'm renewing my wife's and my EAD through my attorney. We'll pay only this time for the new fee and then on will be free. Same is with AP. Pay once under the new fee, and then you can renew it for free. The only fee you'll pay is your attorney's, which you don't have to do. You can efile by yourself like many other people have done.
I'm renewing my wife's and my EAD through my attorney. We'll pay only this time for the new fee and then on will be free. Same is with AP. Pay once under the new fee, and then you can renew it for free. The only fee you'll pay is your attorney's, which you don't have to do. You can efile by yourself like many other people have done.
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hi_mkg
05-08 03:43 PM
Thanks Prashanthi for the help. I'll ask my brother to talk to his attorney about 245K option.
With warm regards,
hi_mkg
With warm regards,
hi_mkg
dxldad
05-12 01:17 PM
however, i will appreciate if you can tell me if these are the only required
1. Measles/ Mumps/ Rubella - Adult
2. Varicella
3. Hepatitis B - Adult
and the following tests
1. Tuberulosis - Tubercolin Skin Test
2. Serologic Test for Syphilis - RPR Screen
3. Serologic Test for HIV Antibody - HIV AB Screen
They keep changing the requirements. I found this link, USCIS - I-693, Report of Medical Examination and Vaccination Record (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb1f3591ec04d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD). Why don't you check it out there. One question I have is, once the date is current, do you need to resubmit yours if you had submitted it more than one year earlier?
1. Measles/ Mumps/ Rubella - Adult
2. Varicella
3. Hepatitis B - Adult
and the following tests
1. Tuberulosis - Tubercolin Skin Test
2. Serologic Test for Syphilis - RPR Screen
3. Serologic Test for HIV Antibody - HIV AB Screen
They keep changing the requirements. I found this link, USCIS - I-693, Report of Medical Examination and Vaccination Record (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb1f3591ec04d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD). Why don't you check it out there. One question I have is, once the date is current, do you need to resubmit yours if you had submitted it more than one year earlier?
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redelite
08-20 04:40 PM
I can fix an outline up no problem.. good call though, and thanks guys! :D
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mittal_ravi
09-23 08:01 PM
I am Aug 1st filer ( Nebraska) and still waiting on check encashment or any kind of response.
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cygent
07-02 03:00 PM
Guys,
I want to sue them for 3 things -
1) Touching I-140 cases way outside processing times (eg. 2008 when the date is July, 2007)
2) Approving 2008 cases before 2007, ie., no FIFO
3) Discrimination against EB3 cases during I-140 stage. I-140 case processing should be independent of Eb category, I have not read any rule where it should be.
Any idea how to start this process of accountability and justice. After 10 yrs., >$15k invested in a black hole, dealing with **** employers in a fragile economy, but mainly precious time which can never be recovered - I have HAD ENOUGH!!
I want to sue them for 3 things -
1) Touching I-140 cases way outside processing times (eg. 2008 when the date is July, 2007)
2) Approving 2008 cases before 2007, ie., no FIFO
3) Discrimination against EB3 cases during I-140 stage. I-140 case processing should be independent of Eb category, I have not read any rule where it should be.
Any idea how to start this process of accountability and justice. After 10 yrs., >$15k invested in a black hole, dealing with **** employers in a fragile economy, but mainly precious time which can never be recovered - I have HAD ENOUGH!!
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rockstart
07-02 03:17 PM
Have you seen any 2008 case getting approved before 2007.
Guys,
I want to sue them for 3 things -
1) Touching I-140 cases way outside processing times (eg. 2008 when the date is July, 2007)
2) Approving 2008 cases before 2007, ie., no FIFO
3) Discrimination against EB3 cases during I-140 stage. I-140 case processing should be independent of Eb category, I have not read any rule where it should be.
Any idea how to start this process of accountability and justice. After 10 yrs., >$15k invested in a black hole, dealing with **** employers in a fragile economy, but mainly precious time which can never be recovered - I have HAD ENOUGH!!
Guys,
I want to sue them for 3 things -
1) Touching I-140 cases way outside processing times (eg. 2008 when the date is July, 2007)
2) Approving 2008 cases before 2007, ie., no FIFO
3) Discrimination against EB3 cases during I-140 stage. I-140 case processing should be independent of Eb category, I have not read any rule where it should be.
Any idea how to start this process of accountability and justice. After 10 yrs., >$15k invested in a black hole, dealing with **** employers in a fragile economy, but mainly precious time which can never be recovered - I have HAD ENOUGH!!
more...
go_guy123
03-01 11:40 PM
I am in the same boat as you. I landed in Sep 2006 and have valid Canadian PR till Sep 2011. My 3 year expiry is nearing. And I am really confused with my EB3 India 2004 PD in retro. But also I have gotten married and not applied my wife on my Canadian PR at all. So that is another problem. I intend to voluntarily relinquish my Canadian PR status and then re-apply brand new with my wife this year as US H1B and GC process rules with USCIS is getting weirder by the day.
Also you can absolutely without any problem go and stay for next two years (730 days) before your first PR card expires even though you were out of Canada or were never resident there for first 3 years and retain your Canadian PR status. I know it for sure.
what do mean by "voluntarily relinquish my Canadian PR status and then re-apply brand new with my wife "
To apply for your spouse you need to fine a family based immigration for your wife
The rules have be tightened now. Are you aware of that. So you may not qualify the seocnd time. Also the second time they wont give you the PR
There was a major change in the visa rule in Feb 2008
The setence "visa ficer shall" was changed to "visa officer may"
http://www.cba.org/CBA/sections_Cship/pdf/08-24-eng%5B1%5D.pdf
Also you can absolutely without any problem go and stay for next two years (730 days) before your first PR card expires even though you were out of Canada or were never resident there for first 3 years and retain your Canadian PR status. I know it for sure.
what do mean by "voluntarily relinquish my Canadian PR status and then re-apply brand new with my wife "
To apply for your spouse you need to fine a family based immigration for your wife
The rules have be tightened now. Are you aware of that. So you may not qualify the seocnd time. Also the second time they wont give you the PR
There was a major change in the visa rule in Feb 2008
The setence "visa ficer shall" was changed to "visa officer may"
http://www.cba.org/CBA/sections_Cship/pdf/08-24-eng%5B1%5D.pdf
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cinqsit
09-27 11:55 AM
Hey
If I remember correctly (read somewhere on this forum) the strategy should be that you take a infopass appointment on the same day as your finger
printing appointment, talk to the immigration officer and ask him about your wife's FP appointment. If it was indeed sent out and you havent received it he can give you some kind of a receipt(?) and both of you can have the FP done on the same date.
- cinqsit
If I remember correctly (read somewhere on this forum) the strategy should be that you take a infopass appointment on the same day as your finger
printing appointment, talk to the immigration officer and ask him about your wife's FP appointment. If it was indeed sent out and you havent received it he can give you some kind of a receipt(?) and both of you can have the FP done on the same date.
- cinqsit
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house Plastic African Elephant
vinabath
04-07 10:37 AM
Just got it. Right now.Thanks guys.
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Approval notice sent.
On April 7, 2008, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Approval notice sent.
On April 7, 2008, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
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HarishM
09-21 04:21 PM
Since I did my master's here. I think they filed my case under EB1...I need to re-check. If this is the case then how long does it take. Yes I'm an indian.
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randomdude
04-21 09:31 AM
From the replies it looks like the H1 can indeed be applied for. The debatable issue is whether the H1 is valid for 3 more years or two....but thats not a pressing matter at this time...
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ArkBird
08-05 03:04 PM
Guys as gk_2000 said it does not apply to us
Log In (http://www.uscis.gov/portal/site/usc...0048f3d6a1RCRD)
Well in those cases the term "Long Term" does not apply because as per my understanding, the longest duration one can be on "Conditional Residency" is 2 years.
I think this is smart ploy by Lord Session. It hits multiple birds with one stone.
1. He can attract moderate republicans, centrist and independents by showing he cares for immigration. Election season is approaching!
2. Create in-fight between legal and illegal supporters.
3. Weaken CIR... Pleasing his base
Log In (http://www.uscis.gov/portal/site/usc...0048f3d6a1RCRD)
Well in those cases the term "Long Term" does not apply because as per my understanding, the longest duration one can be on "Conditional Residency" is 2 years.
I think this is smart ploy by Lord Session. It hits multiple birds with one stone.
1. He can attract moderate republicans, centrist and independents by showing he cares for immigration. Election season is approaching!
2. Create in-fight between legal and illegal supporters.
3. Weaken CIR... Pleasing his base
more...
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jungalee43
10-06 04:11 PM
Ombudsman helps in certain limited circumstances, particularly when an adverse decision by USCIS puts you in emergency situation. Following link should help determine when to contact them:-
DHS | CIS Ombudsman - Case Problems (http://www.dhs.gov/files/programs/editorial_0497.shtm)
DHS | CIS Ombudsman - Case Problems (http://www.dhs.gov/files/programs/editorial_0497.shtm)
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peer123
07-18 07:25 PM
Hi Friends,
I have applied for my I485 last month and received receipt numbers this week. At the time I consulted my company lawyer and he said it is possible apply from your wife's company for both of us and when USCIS gets to approving one application they will ask other one to be withdrawn.
The reason I asked and agreed to do so was manily because of the VERY unstable condition our my job. My wife's job is more stable than mine.
Now we are try to apply from my wife's company, her lawyer is saying that we can not have more than one I485 pending, had I known this - it more based on interpretation from the lawyers I would not have applied for my application just applied for my wife's.
Hoping that nothing may happen should I drop the idea of applying for I485 from my wife's company. Although my hope line is too thin.
My question is has any on in similar situation applied for 2 I485s. I am really confused as my lawyer says that it is possible and my wife's lawyer says it is not possible to have 2 pending I485 applications..
I have applied for my I485 last month and received receipt numbers this week. At the time I consulted my company lawyer and he said it is possible apply from your wife's company for both of us and when USCIS gets to approving one application they will ask other one to be withdrawn.
The reason I asked and agreed to do so was manily because of the VERY unstable condition our my job. My wife's job is more stable than mine.
Now we are try to apply from my wife's company, her lawyer is saying that we can not have more than one I485 pending, had I known this - it more based on interpretation from the lawyers I would not have applied for my application just applied for my wife's.
Hoping that nothing may happen should I drop the idea of applying for I485 from my wife's company. Although my hope line is too thin.
My question is has any on in similar situation applied for 2 I485s. I am really confused as my lawyer says that it is possible and my wife's lawyer says it is not possible to have 2 pending I485 applications..
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NYImmigrant
12-06 01:00 PM
Receipt numbers are worthless in my case. My application is pending in the local service center and i see the status message from Aug 2004. After that I was scheduled an interview, I did FP, I attended an interview, got stuck in the stupid name check, took 2-3 INFOPASS appointments.
So what's up with the case status online ?
So what's up with the case status online ?
Earned_GC
02-10 09:19 AM
Hi All:
Question: I have a I-140 PD Sept 2005 - EB-3, And completed 4.5 years (6year end oin July 2008) on H1. I changed the job in Jan, 2007 and using the approved I-140- 3 year H1 Ext rule, I received my extention for 3 year until 2010. Now my new employer des not want to file for greencard for 1 year. meanwhile if my old employer withdraws my I-140 what would happen in this case, if I start my LC application in jan 2008.
Question: I have a I-140 PD Sept 2005 - EB-3, And completed 4.5 years (6year end oin July 2008) on H1. I changed the job in Jan, 2007 and using the approved I-140- 3 year H1 Ext rule, I received my extention for 3 year until 2010. Now my new employer des not want to file for greencard for 1 year. meanwhile if my old employer withdraws my I-140 what would happen in this case, if I start my LC application in jan 2008.
chi_shark
03-22 10:43 PM
My deepest condolenses and sympathies to thier families. May their souls rest in piece.
you really want their souls to rest in "piece"? sorry could not resist it... ha ha ha...
you really want their souls to rest in "piece"? sorry could not resist it... ha ha ha...
Source URL: https://free1image.blogspot.com/2011/06/pictures-of-african-elephants.html
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