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  • gotgc?
    03-05 10:44 AM
    Hi All,

    I work for a big software company and they have recently changed their name "XXXXUSA Inc" to "XXXX America Inc". It is just a company name change and everything else is the same. But, we got an email from our Lawyers yesterday that "Your I-485 application remains valid under AC21 portability provisions despite the change in your employment. In order to continue with your existing permanent residence application under the AC21 portability provisions, we will prepare and file a letter to notify the USCIS of the change in your employment from XXX USA, Inc. to XXX America, Inc."

    My I140 is approved with XXXX USA Inc and AOS is filed based on that. My concern is that I am travelling to India on AP and come back in Mid May. I have the following questions:

    I asked if I can delay this filing until I come back..my lawyers said "While there is no hard USCIS deadline for this particular filing, this project is a high priority for us and our instructions are to complete this project for all employees ASAP. The AC21 filing will not affect your pending I-485 or your entry into the U.S. in any way"


    1. Is it true as my lawyers say that there is no deadline to file AC21? My confusion is should i do this or delay until i come back?

    2. If they file this letter would there be any impact to the pending I485 and hence my re-entry to US using AP? Because I read so many threads regarding wrong denial of I485 because of AC21? In my case, it is the same company, no chance of I-140 withdrwawl etc...

    3. Assuming if I delay the filing, when you enter on AP, i heard they are asking are you still working for the same petitioner? If I some how had to tell them my company name has changed, then would there be any problems because of not filing this?

    My POE is SFO.

    Please share your opinion guys..thanks for your help.




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  • Laasya05
    12-29 08:40 PM
    about H4 time not counting towards H1.




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  • glus
    03-27 07:47 AM
    Hi,

    I have a pretty simple question.

    A person decides to change employers, moving from company A to company B. It's been 180 days after 485 filing.

    Question: what does company B have to do to legally take this person on as full time employee? Is the process any different than taking any other american resident employee? The way I understand is it is not any different.

    Please advise,
    Thanks,
    Vlad

    Nothing. The employee must have EAD. That's all. Also, the employee should, but does not have to, ask for a letter with duties to be sent to USCIS to keep USCIS informed of the change.




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  • Blog Feeds
    07-13 12:48 PM
    USCIS has recently published a new fact sheet of common questions and answers for members of the U.S. Armed Forces and their families. (http://www.californiaimmigrationlawyerblog.com/Immigration%20Information%20for%20Members%20of%20t he%20U.S.%20Armed%20Forces%20and%20their%20Familie s.pdf) The fact sheet contains the most frequently asked questions that USCIS receives.

    The fact sheet is worth reading if you are in the Armed Forces because the answers to some of the questions are different (and usually more advantageous) to members and/or dependents of those in the Armed Forces. For instance, if you are a civilian, obtained your green card through a marriage to a U.S. Citizen and you have been married for less than two years, you must file Form I-751, Petition to Remove Conditions on Residence (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f858d59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD) to remove the conditional residence and obtain your permanent green card. You must file this form even if you intend on applying for citizenship a year later. (Persons who are married to U.S. citizens may apply for citizenship in three years.)

    Members of the armed forces do not have to file Form I-751, Petition to Remove Conditions on Residence to remove conditional residence obtained through a marriage to a U.S. Citizen, if the foreign born spouse was inducted or enlisted in the military and is applying for naturalization based on qualifying military service. Thus, military personnel are permitted to "skip a step" and do not need to file form I-751.

    Additional questions and answers and helpful email addresses to USCIS liaisons are included on the fact sheet.
    http://www.californiaimmigrationlawyerblog.com/father%20and%20son.jpg










    More... (http://www.californiaimmigrationlawyerblog.com/2009/07/immigration_information_for_me_1.html)



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  • pd052009
    05-23 09:45 PM
    My comments were quoted in the blog. As said by previous posters, they have picked few lines from my comments. These comments were related to Qn#1 (How can immigration reform support America’s competitiveness in a 21st century economy?). We can not expect to see all the quotes from one user in issues like this.




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  • Blog Feeds
    05-30 12:30 PM
    Silicon Valley Immigration Lawyer Blog Has Just Posted the Following:
    An earlier blog post "Silicon Valley Employers Need to Prepare for Surprise USCIS Visits" (http://www.siliconvalleyimmigrationlawyer.com/2009/10/silicon-valley-employers-need.html#more) described the "new normal" of USCIS employees or contractors showing up unexpectedly and inquiring about past visa petitions and foreign national workers. A recently held Department of Homeland Security program, titled, "2009 Government and Employers: Working Together to Ensure a Legal Workforce" sheds more light onto the types of visits being conducted.

    Ronald Atkinson, Chief of Staff of USCIS' Fraud Detection and National Security (FDNS) (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=0353f8e5492ec110VgnVCM1000004718190aRCR D&vgnextchannel=2af29c7755cb9010VgnVCM10000045f3d6a1 RCRD) office, explained the three types of site visits that are currently being conducted:


    Risk Assessment Program fraud study. Applicable to any type of benefit program, including family and employment-based visas, this study is part of a joint program between USCIS and ICE (Immigration Customs and Enforcement). Applications and petitions are chosen at random, usually on a post-approval basis, for visits to help in designing profiles of potential fraud.


    Targeted site visits. These visits take place where fraud is suspected, and consist of a visit to ask questions. Advance notice, including notice to counsel, is supposed to be provided.


    Administrative site visits. These relate to religious worker and H-1B petitions (http://www.geelaw.com/lawyer-attorney-1054805.html). They generally are conducted by contractors who know nothing of immigration law. Religious worker visits are performed under the regulations for that category. For H-1B site visits, the contractors have been equipped with a set of specific questions, and all employers/beneficiaries should be asked pretty much the same questions, primarily reaching the issues of whether there's really an employer there, whether the employer knows it filed the petition, and whether the beneficiary is doing the work and receiving the wage indicated on the petition. H-1B visits are done on a post-adjudication basis, and are randomly selected. Each employer should receive only one such visit, but may receive different visits for different sites.







    More... (http://www.siliconvalleyimmigrationlawyer.com/2009/11/why-uscis-might-be-at-your-doo.html)



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  • validIV
    03-24 10:49 AM
    In summary, the immigration system remains broken. Pls fix k thx.




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  • sundarpn
    06-13 10:55 PM
    As usual to complicate decision making.... :mad:

    Today PD (aug 2006 / EB3) is now current :) and I have my I 140 approved.

    I also have another job offer which looks great. :confused: But they will start GC only after 3-4 months!

    Should I just stick on to my current job and ride it out for 6 months to get EAD?

    When does one get EAD 3 months after filing 485 or after 6?
    Also if the dates retrogress, will 485 get approved? or Should the date remain current till 485 gets approved?



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  • GC_LOOKIN
    12-11 11:22 PM
    Thanks Nashorn.
    My Biometrics are done couple of months ago and I saw LUD's at that time,I am not sure if my name check is cleared..how do I find out if my name check is cleared ??




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  • vxb2004
    08-27 08:20 PM
    I called USCIS regardng my I-140 approval notice and I was told that "It normally takes upto 30 days to receive any approval/receipt notices". Hope it helps!



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  • clear485
    08-21 11:50 AM
    Anybody?

    PD : 2003-Jan - EB2 (India)
    RD : 2003-Nov

    Inquired through Service Request(4)*, Infopass(12), Congressmen(2), Senator(2), Ombudsman(2), AILA(1), Letter to VP(1), Letter to FL(1), FOIA(1)....
    Only WOM is left....

    *() - No of times

    Had 8 lbs of inquiry papers, applications with me so far.....If I go for WOM then it might reach to 12 lbs.....




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  • beautifulMind
    07-26 09:56 AM
    labor is indeed more than 1 year old. Are you completely sure about this rule since having an approved 140 gives you a 3 year extemsion



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  • Blog Feeds
    04-05 09:40 AM
    We are very busy these days trying to beat the H1B (http://www.h1b.biz/lawyer-attorney-1137085.html) rush. While we fell that visas will not run out on April 1, 2010, clients are anxious to get their cases out the door. We promise to deliver.

    Here are some tips that may help our last minute filers. The issue today is a degree that has not yet been awarded. In the past, the USCIS has approved H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html)for aliens seeking one of the 20,000 H-1B visas available to aliens who have earned master�s or higher degrees from U.S. institutions of higher education, where the alien has completed all requirements for the degree, and hence, has �earned� the degree, but the degree has not been conferred.

    There is no reason to believe that USCIS will not continue that practice, so long as there is evidence that the alien has completed all requirements from an official at the educational institution qualified to provide that information. In the past, satisfactory evidence often was in the form of a letter from an official such as a Dean, Registrar, or department head, stating that all requirements have been satisfied and that the alien is simply waiting for the ceremonial conferral of the degree.

    Be wary of letters prepared by unauthorized employees at the school stating that the student has completed all requirements toward a master�s degree, when in fact there are still examinations or papers to complete. USCIS is likely to question a letter that comes from a lower-level employee of the university. Be mindful also that use of such documentation when the student has not completed the program may be considered fraud. Also, use of such a document may result in the loss of the client�s chance at a slot in the U.S. master�s graduate quota since the petition likely would be denied on the basis of ineligibility at the time of filing.

    More tips in later posts, good luck filing the H1's tomorrow.




    More... (http://www.visalawyerblog.com/2010/03/h1b_visa_lawyer_last_minute_fi.html)




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  • NYImmigrant
    12-08 01:10 PM
    wow... $4 doesn't make anyone's blood boil. Only if USCIS had paid a little more, may be my case would be approved long time ago.

    What say...



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  • vss
    10-27 02:39 PM
    Thanks I_need_GC




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  • hibworker
    12-14 07:00 PM
    Just mark NO, since it is a Yes / No question. You currently have EAD for next 2 years, hopefully it'll get renewed. You don't have a crystal ball to tell what will happen after that.

    So you are not mis-representing by saying NO.

    PS: This is just what I would have done and is only my opinion.



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  • muralip
    09-11 10:05 PM
    Hi,

    Many thanks for your response




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  • rajasush7174
    10-13 04:26 PM
    hi..i too would like to join in.. i stay in souderton, pa.. please let me know the details.. thanks a ton..




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  • beautifulMind
    11-20 12:56 PM
    But I work in the same company and same dept..isn't AC21 only used if you quit GC sponsoring company




    logiclife
    01-25 09:48 PM
    On behalf of core group, I apologize to you and your wife for the abusive language that someone used.

    We tried to moderate the forum posts. At any time, there are nearly 200-300 people reading the forums and nearly 20-25 posting. Its a tough thing to moderate every thread since we do this along with day-to-day fulltime jobs.

    I have to close this thread otherwise this thread will spiral into a thread war that none of us want. And we cannot have such threads continue as its embarrassing for us all.

    If you'd like, you can email me jay@immigrationvoice.org if you want to talk about this issue so that I can explain more.

    Thanks for understanding.




    cox
    June 5th, 2005, 09:27 PM
    Nice stuff for first photos, especially since it looked like pretty harsh lighting. I particularly liked the guitar, though a little smaller aperture for a slightly more depth of field would have probably made it even better.

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