ny_lawyer
01-28 12:43 AM
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Nil
02-28 11:23 AM
Please can someone indicate how to retrieve info on Labor, I140 and others necessary to switch to another company using AC21.
What are the options if employer & law firm are unwilling to share?
What are the options if employer & law firm are unwilling to share?
dealsnet
07-01 11:44 AM
My friend is also with Ron, and he is highly satisfied. My lawyer before is a Desi woman in New York. I am upset with her most of the times. Final RFE reply for my wife's (I-485) is send by me and got approved within a week. (lawyer asked me big $$$)
I didn't know Ron when I started my labor process.
My recomendation to everyone to go to Ron Gotcher to avoid headaches.
Been with Ron Gotcher for over 5 years now. Never ever had a problem. The best thing is you can talk to him or his son anytime regarding any immigration issues. I had lots of H1 issues with my current employer and he was gracious enough to talk to my employer several times and help them out without charging me a penny. I would highly recommend him.
I didn't know Ron when I started my labor process.
My recomendation to everyone to go to Ron Gotcher to avoid headaches.
Been with Ron Gotcher for over 5 years now. Never ever had a problem. The best thing is you can talk to him or his son anytime regarding any immigration issues. I had lots of H1 issues with my current employer and he was gracious enough to talk to my employer several times and help them out without charging me a penny. I would highly recommend him.
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mirchiseth
06-05 05:30 PM
I spoke with USCIS again this morning and this time got hold of a more helping IO. She said it should not pose a problem and NBC should be able to approve I-765 and I131 from their end it self. Also my future employer's immigration team also said it should not pose a problem.
I am still concerned and I shared my concerns with future employer. They graciously agreed to transfer the H1 which is a much safer bet now.
I have done couple of H1 transfers in the past. But this is the first with AOS pending and I-140 approved. Is there any thing different or gotchas that gurus want to share.
I am still concerned and I shared my concerns with future employer. They graciously agreed to transfer the H1 which is a much safer bet now.
I have done couple of H1 transfers in the past. But this is the first with AOS pending and I-140 approved. Is there any thing different or gotchas that gurus want to share.
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nozerd
12-14 01:59 PM
Exactly. No one is comparing USA & CANADA.
For the ppl who say no jobs in Canada - well find a job and then move there. Or live in Canada in border town and commute to work daily to US.
For the ppl who say no jobs in Canada - well find a job and then move there. Or live in Canada in border town and commute to work daily to US.
answers_seeker
09-17 12:25 AM
tabletpc,
Look at tv25's post. He/She alreday used the H1B...tv25 mentioned that she/he worked on H1B for three months. That would have invalidated her h4 visa.
tv25 shouldn't have entered using H4 visa that got invalidated as soon as the H1B was used.
This is a serious issue and as all others are saying, tv25 needs to contact an expert immigration lawyer.
thanks
gcisadawg
Guys, please do not scare the poster needlessly with half baked knowledge.
Think of the following,
1. When she went for stamping , they did not CANCEL her H4 visa stamp. Cancelling a visa stamp is a very very easy thing to do. For example if you still have 30 days left on ur stamp and u went for a visa stamp , they put a big CANCELLED on your old visa stamp.
2. So what does this necessarily mean ? This means her entry to the US is dependent on the immigration officer at the POE.
3. Her H1 was denied due to mis representation of facts, which means her COS is essentially denied, even though she was allowed to work since her COS went through while in the US.
4. Don't you think the officer can see her COS in his system when she entered on H4 ? Basically he let her in on good faith that she will not be using her H1 anymore.
Her status is now H4, if she needs to work, she will not have to use EAD or apply for another H1 COS. And here's one more thing, she will now not be subject to the quota since she is going back to H1 within the same year.
My wife's H1 stamp was denied in Vancouver canada and she had her H4 stamp still valid. So we asked the IO specifically if we can use to enter it back to the US and he said specifically " it is up the officer at the POE". After we came back to US within a couple of week we applied for another H1 with same company and it got approved.
Hope this helps.
Look at tv25's post. He/She alreday used the H1B...tv25 mentioned that she/he worked on H1B for three months. That would have invalidated her h4 visa.
tv25 shouldn't have entered using H4 visa that got invalidated as soon as the H1B was used.
This is a serious issue and as all others are saying, tv25 needs to contact an expert immigration lawyer.
thanks
gcisadawg
Guys, please do not scare the poster needlessly with half baked knowledge.
Think of the following,
1. When she went for stamping , they did not CANCEL her H4 visa stamp. Cancelling a visa stamp is a very very easy thing to do. For example if you still have 30 days left on ur stamp and u went for a visa stamp , they put a big CANCELLED on your old visa stamp.
2. So what does this necessarily mean ? This means her entry to the US is dependent on the immigration officer at the POE.
3. Her H1 was denied due to mis representation of facts, which means her COS is essentially denied, even though she was allowed to work since her COS went through while in the US.
4. Don't you think the officer can see her COS in his system when she entered on H4 ? Basically he let her in on good faith that she will not be using her H1 anymore.
Her status is now H4, if she needs to work, she will not have to use EAD or apply for another H1 COS. And here's one more thing, she will now not be subject to the quota since she is going back to H1 within the same year.
My wife's H1 stamp was denied in Vancouver canada and she had her H4 stamp still valid. So we asked the IO specifically if we can use to enter it back to the US and he said specifically " it is up the officer at the POE". After we came back to US within a couple of week we applied for another H1 with same company and it got approved.
Hope this helps.
more...
learning01
04-13 04:50 PM
Each of us have a decent and true story. It has been a struggle here in US for all of us.
I spent a life's fortune and emigrated to Canada with wife and 2 grown up kids. In early 1999, a large multinational from Netherlands (think of TVs, bulbs and fans) lured me and others into coming to US on H1. They promised they will apply for permanent residency in 6 months. The company couldn't survive the consultancy business and folded operations by end 2000 and my application evaporated into the air.
Post 9/11, and at the height of tech and internet bubble, I was laid off by that company in their operations closing in late 2001. I also lost my Canadian permanent residency (because I stayed away from that country form more that 180 days). I was lucky enough to get a decent job in late 2001. This large global company is a gem of its own; they also promised they will apply GC in 3 months. Thus my PD is EB3 Nov 2001.
I am always for writing one's experiences so that others know how to avoid them, if they are smart enough. That's all I have got.
Hi Learning01,
I did not want to "steal" your idea about publicity of the problem back in our countries. I just developed and enhanced the idea :-)
And I do not think we should be ashamed of the fact that this great country screwed us and made more than half a million highly educated and trained people (spouses included) chasing for a decade a mirage called GC and looking like idiots.
....
:-)
I spent a life's fortune and emigrated to Canada with wife and 2 grown up kids. In early 1999, a large multinational from Netherlands (think of TVs, bulbs and fans) lured me and others into coming to US on H1. They promised they will apply for permanent residency in 6 months. The company couldn't survive the consultancy business and folded operations by end 2000 and my application evaporated into the air.
Post 9/11, and at the height of tech and internet bubble, I was laid off by that company in their operations closing in late 2001. I also lost my Canadian permanent residency (because I stayed away from that country form more that 180 days). I was lucky enough to get a decent job in late 2001. This large global company is a gem of its own; they also promised they will apply GC in 3 months. Thus my PD is EB3 Nov 2001.
I am always for writing one's experiences so that others know how to avoid them, if they are smart enough. That's all I have got.
Hi Learning01,
I did not want to "steal" your idea about publicity of the problem back in our countries. I just developed and enhanced the idea :-)
And I do not think we should be ashamed of the fact that this great country screwed us and made more than half a million highly educated and trained people (spouses included) chasing for a decade a mirage called GC and looking like idiots.
....
:-)
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HV000
02-28 09:21 PM
Anyone Please?
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unitednations
04-23 01:04 PM
Do you know any example of I-485 got rejected after using AC21?
My lawyer says they haven't seen any case like this before. I want to make sure before I change jobs.
Thanks,
USCIS has known to send straight denials even though they are supposed to send NOID when an employer revokes 140. There are many examples where people sent in ac21 or not.
However; in just about every case it eventually got reopened. In the mean time there are many anxious moments while waiting for uscis to reopen the case (can't get ead renewed/ if outside the country wouldn't be allowed back on AP).
USCIS sometimes takes their time reopening the case (upto 7 or 8 months). If you don't have h-1b then there is no legal basis to stay here while waiting for the case to reopen. Can't work, etc. However; if you overstay by six months and they don't reopen the case then the 3 and 10 year bars will kick in and you can kick the greencard away.
Key thing is whether employer revokes 140. If they do then it causes anxious moments. USCIS has also started to revoke approved I-140's on their own when companies respond to rfe's on other candidates 140's (ie., ability to pay for all people together). If uscis revokes it on their own then ac21 does not protect you at all.
My lawyer says they haven't seen any case like this before. I want to make sure before I change jobs.
Thanks,
USCIS has known to send straight denials even though they are supposed to send NOID when an employer revokes 140. There are many examples where people sent in ac21 or not.
However; in just about every case it eventually got reopened. In the mean time there are many anxious moments while waiting for uscis to reopen the case (can't get ead renewed/ if outside the country wouldn't be allowed back on AP).
USCIS sometimes takes their time reopening the case (upto 7 or 8 months). If you don't have h-1b then there is no legal basis to stay here while waiting for the case to reopen. Can't work, etc. However; if you overstay by six months and they don't reopen the case then the 3 and 10 year bars will kick in and you can kick the greencard away.
Key thing is whether employer revokes 140. If they do then it causes anxious moments. USCIS has also started to revoke approved I-140's on their own when companies respond to rfe's on other candidates 140's (ie., ability to pay for all people together). If uscis revokes it on their own then ac21 does not protect you at all.
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arnet
09-20 01:54 PM
IV team, please consider the following:
1. IV can post free ads in classifieds like sulekha, indiainfo, craigslist, free ad newspaper, etc.
2. also IV can contact all indian/asian associations and Asian student association in US to place an free ad in their websites/magazine/email newsletter (some have annual magazine, some has monthly newsletter). tell them how IV helps its members in visa/gc related issues including free legal advise.
3. IV can place free ad/info on notice boards in indian/pak/chinese restaurants, indian/pak/chinese groceries, temples, conference halls, etc...
4. increase IV site listing in search engine results. any combination of keywords in gc or visa should bring IV site in top 10 like when searching any US visa (like H1/H4/H1B/F1/J1 etc.), gc related keywords (like I-485, PERM, labor, I-140, immigrant, FingerPrinting, etc). This can be achieved for a little money and this can be done by contacting yahoo/msn and other SEO (Search Engine Optimization) companies. Our members can help us in this regard.
5. Send newsletter email to all IV members atleast ONCE a month and ask them to contact their friends/coworkers/their company employees to join IV.
This newsletter will request members to contact indian/asian association in their local area for membership drive.
Also request them to send feedback to improve IV and to increase publicity and membership.
6. Create "Free Legal Advise for Employers/Schools Only", where employers/schools can send visa/gc related questions and attend conference call during this session. This is an addition to the current one which we have now (which is for open public).
also request these employers to place IV information on notice board in all office branches, also ask them to request these employers to give IV information in welcome package. same for colleges we can contact international student counsellor or concerned persons to give IV information in information package to foreign students who join their college.
7. Create an email like "employerslist@immigrationvoice.org" and mention this in contactus page. Every month newsletter will rquest IV members to send "employers name/address/phone and contact person name/email" to this email so that we can keep the employer information private. Ask them whether IV can use their name to contact them.
This employer should hire foreign graduates, or who sponsors H1B or GC even J1/Business visa etc... in this way, if we collect their names/contact info, we can contact them and request them to place or send email to their employees about IV. They might refuse but we convince saying that IV is providing "free legal counsel for Visa/GC" for both Employers/Employees where they can opinion about their visa/gc related questions and explain how IV helps in getting rid of GC backlogs and advocates H1 increase etc....
8. Create "Contact Us" page with a form inaddition to what we have.
following fields like: from, category, subject, how they heard about us, comments/feedback. This category can be general, questions for free legal advise, feedback, etc.
how they heard about us: give options like IV member/search engine/college/employer/friend/family/association, other etc., if they choose others, they have to tell what it is, this will help us to concentrate on marketing in the area through which we received more membership.
9. Not sure how this is done but check. Do email marketing from hotmail/yahoo, etc. most people give for less than 50$ for 1000 emails, get list of emails specific to people who has occupation in IT who are in US and send email to them.
10. Consider this after trying above options: pay-per-click(PPC)/Adsense (google). for this, we need to spend some money, but some companies are giving 50$ for new customers, after that they will charge us. we can bid very low for PPC.
Thanks everyone for being patient and supporting us. The work is happening at all ends and it is an uphill task.
We really need to increase our membership. Higher membership will mean us looking tall when we meet lawmakers. Please all try to help us spread the word of IV to everyone you know that is stuck in retrogression. We represent at least half million people but we currently not even have 6 thousand members. Thus we have to bring lot many people into IV. I would encourage everyone to pls. register on this forum instead of being visitors.
Pls try to help us increase our membership in your own capacity, in any way you can. This is something everyone on this forum can help us.
1. IV can post free ads in classifieds like sulekha, indiainfo, craigslist, free ad newspaper, etc.
2. also IV can contact all indian/asian associations and Asian student association in US to place an free ad in their websites/magazine/email newsletter (some have annual magazine, some has monthly newsletter). tell them how IV helps its members in visa/gc related issues including free legal advise.
3. IV can place free ad/info on notice boards in indian/pak/chinese restaurants, indian/pak/chinese groceries, temples, conference halls, etc...
4. increase IV site listing in search engine results. any combination of keywords in gc or visa should bring IV site in top 10 like when searching any US visa (like H1/H4/H1B/F1/J1 etc.), gc related keywords (like I-485, PERM, labor, I-140, immigrant, FingerPrinting, etc). This can be achieved for a little money and this can be done by contacting yahoo/msn and other SEO (Search Engine Optimization) companies. Our members can help us in this regard.
5. Send newsletter email to all IV members atleast ONCE a month and ask them to contact their friends/coworkers/their company employees to join IV.
This newsletter will request members to contact indian/asian association in their local area for membership drive.
Also request them to send feedback to improve IV and to increase publicity and membership.
6. Create "Free Legal Advise for Employers/Schools Only", where employers/schools can send visa/gc related questions and attend conference call during this session. This is an addition to the current one which we have now (which is for open public).
also request these employers to place IV information on notice board in all office branches, also ask them to request these employers to give IV information in welcome package. same for colleges we can contact international student counsellor or concerned persons to give IV information in information package to foreign students who join their college.
7. Create an email like "employerslist@immigrationvoice.org" and mention this in contactus page. Every month newsletter will rquest IV members to send "employers name/address/phone and contact person name/email" to this email so that we can keep the employer information private. Ask them whether IV can use their name to contact them.
This employer should hire foreign graduates, or who sponsors H1B or GC even J1/Business visa etc... in this way, if we collect their names/contact info, we can contact them and request them to place or send email to their employees about IV. They might refuse but we convince saying that IV is providing "free legal counsel for Visa/GC" for both Employers/Employees where they can opinion about their visa/gc related questions and explain how IV helps in getting rid of GC backlogs and advocates H1 increase etc....
8. Create "Contact Us" page with a form inaddition to what we have.
following fields like: from, category, subject, how they heard about us, comments/feedback. This category can be general, questions for free legal advise, feedback, etc.
how they heard about us: give options like IV member/search engine/college/employer/friend/family/association, other etc., if they choose others, they have to tell what it is, this will help us to concentrate on marketing in the area through which we received more membership.
9. Not sure how this is done but check. Do email marketing from hotmail/yahoo, etc. most people give for less than 50$ for 1000 emails, get list of emails specific to people who has occupation in IT who are in US and send email to them.
10. Consider this after trying above options: pay-per-click(PPC)/Adsense (google). for this, we need to spend some money, but some companies are giving 50$ for new customers, after that they will charge us. we can bid very low for PPC.
Thanks everyone for being patient and supporting us. The work is happening at all ends and it is an uphill task.
We really need to increase our membership. Higher membership will mean us looking tall when we meet lawmakers. Please all try to help us spread the word of IV to everyone you know that is stuck in retrogression. We represent at least half million people but we currently not even have 6 thousand members. Thus we have to bring lot many people into IV. I would encourage everyone to pls. register on this forum instead of being visitors.
Pls try to help us increase our membership in your own capacity, in any way you can. This is something everyone on this forum can help us.
more...
Karthikthiru
02-07 11:27 AM
H1 Extension applied on 11/21/2007 and H4 for my wife on the same day
Karthik
Karthik
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gc_buddy
11-09 01:52 AM
As everyone pointed out there are lot of things in favor of the employers, Attoreys & USCIS when I 140 is revoked. The only thing that comes to our rescue is AC 21 when followed as per the guideline which is currently not being done.
Guys, Please support the IV AC 21 Campaign and let us help ourselves..
Though there is no charge to revoke I-140 from CIS, corporate lawyers do charge money and that makes it in their interest to convince & pursue HR ppl to do so.:(
Guys, Please support the IV AC 21 Campaign and let us help ourselves..
Though there is no charge to revoke I-140 from CIS, corporate lawyers do charge money and that makes it in their interest to convince & pursue HR ppl to do so.:(
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needhelp!
06-20 02:17 PM
^^^
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harrydr
07-13 08:33 PM
Saketkapur and sugaur what is your phone or contact info. I would like to speak with you to get more clarification. Also could you recommend any new forums discussing such topics??
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ram_nara303
09-11 03:19 PM
Gave a green for the detailed process of a bill becoming a law.
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gcdreamer05
08-06 11:26 AM
I totlaly agree with this. I am single too with PD DEC 2006. I have been in present job for almost 4 years. I ended up working for a non-profit oragnization on a non-cap H1b, which prevents me from transfering to private companies which need caped h1b( i din't knew about this when I took up the non-profit organization job). The only way for me to get into private company is to get a new H1b under cap which starts from Oct 2008. This time I planned properly and got an H1b approved. But to my shock and surprise EB2 dates moved to June 2006. I am now carefully watching the September EB2 dates. If it gets closer to Dec..I need to pull back the 485 as I don't think I can get marreid within 6 months due to family responsibality back home. If I withdraw my 485 application, I will lose the queue, money and since I plan to change job, the only benift I will be taking with me , is the PD date which I can later transfer if my next empyer does my GC. With a 2.5 year h1b left, I am hoping under worst situation, my next emplyer will sponcer my GC. This whole GC process is a pain in ***...!!!!
tablet pc you are better if you withdraw your app when your PD becomes current, or also try to get married soon so that you can use follow to join procedure....
tablet pc you are better if you withdraw your app when your PD becomes current, or also try to get married soon so that you can use follow to join procedure....
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desi485
11-12 06:53 PM
This is not new, it has been there for a while and almost everyone who googled AC21 would have read Murthy's page.
Whatever Murthy has mentioned is her opinion. Aytes memo has not been more stricter than Yates memo but has been more clear.
So lets continue to send letters
Hmm... seems that CIS can not just change the stand so easily. Here is one attorney's take on this.
http://immigration-information.com/forums/showpost.php?p=25316&postcount=2
Whatever Murthy has mentioned is her opinion. Aytes memo has not been more stricter than Yates memo but has been more clear.
So lets continue to send letters
Hmm... seems that CIS can not just change the stand so easily. Here is one attorney's take on this.
http://immigration-information.com/forums/showpost.php?p=25316&postcount=2
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unitednations
04-23 01:07 PM
First thing is why members have found that title is scary? I dont think it is scary......it might attract your attention. Probably most of people who got scared might be using EAD or are considering using it.<br><br>
I think using AC21 does not imply that 485 will be denied.<br><br> In a hypothetical situation lets assume it is denied we need to find why it is being denied? One can always switch to h1b (with previous employer - should be valid when AOS is denied) by going to home country and getting h1b stamp on passport but even before you have to do it you can appeal in court and you will be able to stay here.
<br><br> I was discussing the same issue today with Ron Gotcher ( you can find it on his website as I have the same userid) and he said unless you are inadmissible or commit a fraud or have broken immigration law in past AOS is not denied. Just in case if you have done any of the above three things then your AOS can be denied and you can not even get any type of non immigrant visa..........<br><br> For using AC21 just make sure that:<br><br>
140 is approved<br><br>Your GC sponsor will not revoke 140<br><br>Your GC job description and new EAD job description are same or similar (title does not matter) <br><br> ONet code for both the jobs match.<br><br><br><br> If you ensure the above things then there is no issue using EAD for a job after 180 day of filing 485.<br><br> Hope this helps and people who got scared does not gives me red dots for speaking aloud.
<br><br> Support IV and make the difference for yourself and everyone else in the immigrant community.
appealing/motion to reopen doesn't allow you to stay in USA.
If employer revokes 140 then no basis for getting h-1b extensions.
I think using AC21 does not imply that 485 will be denied.<br><br> In a hypothetical situation lets assume it is denied we need to find why it is being denied? One can always switch to h1b (with previous employer - should be valid when AOS is denied) by going to home country and getting h1b stamp on passport but even before you have to do it you can appeal in court and you will be able to stay here.
<br><br> I was discussing the same issue today with Ron Gotcher ( you can find it on his website as I have the same userid) and he said unless you are inadmissible or commit a fraud or have broken immigration law in past AOS is not denied. Just in case if you have done any of the above three things then your AOS can be denied and you can not even get any type of non immigrant visa..........<br><br> For using AC21 just make sure that:<br><br>
140 is approved<br><br>Your GC sponsor will not revoke 140<br><br>Your GC job description and new EAD job description are same or similar (title does not matter) <br><br> ONet code for both the jobs match.<br><br><br><br> If you ensure the above things then there is no issue using EAD for a job after 180 day of filing 485.<br><br> Hope this helps and people who got scared does not gives me red dots for speaking aloud.
<br><br> Support IV and make the difference for yourself and everyone else in the immigrant community.
appealing/motion to reopen doesn't allow you to stay in USA.
If employer revokes 140 then no basis for getting h-1b extensions.
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ilikekilo
04-13 04:27 PM
I recently moved to IL, I would like to join the IL state chapter.. please advise
niklshah
09-19 10:35 AM
it was a proud moment for me and my wife to attend the rally. I really felt that we are trying to make some differance. hats off to aman kapoor and whole core team who are putting their heart and soul even though they have green card already. salute to core team.....but as aman and logiclife said this is just beginning, real work starts now,we have to educate the people in power about differance in legan and illegal immigration. so people lets start spreading the message to the people whom we know and who are not active.
somegchuh
08-17 06:18 PM
What are the tax implications of this windsor-detroit thing. Don't you end up paying fed taxes to both the governments? If yes, is it really worth the trouble?
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