dkupadhyay
11-25 01:14 PM
Thanks for all your replies.
My new attorney has all the e-mail communication to the congressman's office and he has replied to USCIS NOID for my I-1485 with all the details. But he believes that our case is not strong enough because we have no proof about the first I-140 filing date (the first I-140 was filed by previous attorney who is not reachable any more). We just have a copy of the first I-140 receipt. Even the first I-140 application (filed by previous attorney) has no date anywhere. My new attorney tried to get the original receipt for first I-140 or even copy of the canceled check for the application fees from the previous attorney. But previous attorney is not responding. I went to the previous attorney's office several times and found his office locked all the time.
Don't know what to do. Hopefully USCIS will pay attention to the e-mail communication with congressman and will find out some way.
Is there any legal step I can take against the previous attorney for not providing me the document? Can I file any consume complaint against him?
My new attorney has all the e-mail communication to the congressman's office and he has replied to USCIS NOID for my I-1485 with all the details. But he believes that our case is not strong enough because we have no proof about the first I-140 filing date (the first I-140 was filed by previous attorney who is not reachable any more). We just have a copy of the first I-140 receipt. Even the first I-140 application (filed by previous attorney) has no date anywhere. My new attorney tried to get the original receipt for first I-140 or even copy of the canceled check for the application fees from the previous attorney. But previous attorney is not responding. I went to the previous attorney's office several times and found his office locked all the time.
Don't know what to do. Hopefully USCIS will pay attention to the e-mail communication with congressman and will find out some way.
Is there any legal step I can take against the previous attorney for not providing me the document? Can I file any consume complaint against him?
wallpaper Emiko#39;s Baby Girl
pitha
01-16 10:45 AM
This is exactly what I have been saying for the last couple of months. This CIR is going to doom all EB immigrants. Obama's immigration enforcer is Dick Durbin, he has all the "compassion" in the world for illegals, he sponsors dream act, he wants to give amnesty to illegals but when it comes to eb he wants all of us to be kicked out. "Change" is definetely comming, no doubt about it but it is going to be a rude shock for the eb community. A bunch of people gave me reds for pointing it out. CIR is a speeding train with Obama\Durbin\kennedy driving it, it will stop only for illegals, it will crush all eb people under it. Please wake up and stop cheering for CIR. Instead call congresswoman Lofgren and ask her for visa recapture. Dont mention anything about cir, just ask for visa recapture. She is the only democrat who gives a damn about us.
Nothing in this bill talks about the increasing EB VISA numbers but they have clause for the family based VISA numbers to about 1Million.I know Mr.Obama would bring "change" but it is not going to be good for us. Anytime he talked about legal immigration, he only made references to family based immigration backlogs. Never have I heard him talk about EB VISA backlogs.I think we are in for a change which not going be so good after all.
Nothing in this bill talks about the increasing EB VISA numbers but they have clause for the family based VISA numbers to about 1Million.I know Mr.Obama would bring "change" but it is not going to be good for us. Anytime he talked about legal immigration, he only made references to family based immigration backlogs. Never have I heard him talk about EB VISA backlogs.I think we are in for a change which not going be so good after all.
ksiddaba
08-22 11:43 AM
I have looked into this and talked to my lawyer. The basic consensus seems to be -- yes you can start your own business (wither alone or in partnership with someone else). But as long as you are on H1B VISA and do not have at least an EAD, you cannot actively(which means you cannot be running the day to day operations) work on your business. You can promote the business perform occasional volunteer work, but cannot be paid for this work.
I believe you can derive profits from the business (check with your lawyer because he's the one who will have to deal with any USCIS headaches), but as with all things, if the profits are high enough, your business may be scrutinized by the USCIS. Also remember when you go to the consulate to stamp your H1B, they will examine your tax records, and you will have to have a good enough explanation as to how you owned the business without violating the H1B status (by actively working on it). It's tricky and unless you are talking about small amounts of money think very carefully about starting your own business.
Since you cannot actively run the business, it makes sense to partner with a person who is authorized to run the day to day operations of the business (either a citizen of the US or a perm resident).
I believe you can derive profits from the business (check with your lawyer because he's the one who will have to deal with any USCIS headaches), but as with all things, if the profits are high enough, your business may be scrutinized by the USCIS. Also remember when you go to the consulate to stamp your H1B, they will examine your tax records, and you will have to have a good enough explanation as to how you owned the business without violating the H1B status (by actively working on it). It's tricky and unless you are talking about small amounts of money think very carefully about starting your own business.
Since you cannot actively run the business, it makes sense to partner with a person who is authorized to run the day to day operations of the business (either a citizen of the US or a perm resident).
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h1bmajdoor
05-24 04:40 PM
the underlying problem, is not that american kids are not smart or hard working.
it is that science/math/engg does not pay. it does not pay because the wheelers/dealers/fixers/middlemen/bullshitters make the money.
american kids work hard when at law school/med school/mba. because those jos pay. as an engineer you are screwed. as a phd likely unemployed.
so, american kids are not dumb. they are far smarter than you think. they are taken the correct decision in the circumstances.
it is that science/math/engg does not pay. it does not pay because the wheelers/dealers/fixers/middlemen/bullshitters make the money.
american kids work hard when at law school/med school/mba. because those jos pay. as an engineer you are screwed. as a phd likely unemployed.
so, american kids are not dumb. they are far smarter than you think. they are taken the correct decision in the circumstances.
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solaris27
10-01 09:11 AM
yes and yes
vallabhu
10-24 12:50 PM
Talk to a lawyer I think if you have approved GC you dont to wait for Priority date You have to add her within 6 months.
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eager_immi
05-30 02:40 PM
I agree this crappy bill better not pass and is worse than retrogression. It is screwing everyone at the cost of giving amnesty to illegals. It is such a joke I would have never imagined that they would have the balls to do this, but I guess they are all politicians!!!
They'll probably start with what Senate passes. and make some minor amendments.
If it passes the house, conference will be piece of cake.
Our best hope is:
1. When senators return to the constituencies for the memorial day recess, they receive a LOT of negative feedback about CIR and enough number of senators change their minds and vote in -ve and bill fails to make out of the Senate. Likelihood: 10-20%.
2. House of reps votes on this CIR and defeats it. Likelihood: 40-60%.
I hope one way or another, this piece of crap fails and I happily get my GC in another 5-10 years. If it passes, I'll have to pack my bags. Amen.
They'll probably start with what Senate passes. and make some minor amendments.
If it passes the house, conference will be piece of cake.
Our best hope is:
1. When senators return to the constituencies for the memorial day recess, they receive a LOT of negative feedback about CIR and enough number of senators change their minds and vote in -ve and bill fails to make out of the Senate. Likelihood: 10-20%.
2. House of reps votes on this CIR and defeats it. Likelihood: 40-60%.
I hope one way or another, this piece of crap fails and I happily get my GC in another 5-10 years. If it passes, I'll have to pack my bags. Amen.
2010 images of abies girl.
gg_ny
07-17 06:00 PM
http://www.travel.state.gov/visa/frvi/bulletin/bulletin_3269.html
As I feared, the questions about lost, returned, missed, mislaid and vanished visa numbers went unanswered in this bulletin. There is a vague reference to the returned visas while in truth 1) visa numbers have been returned to DOS
2) there is no real proof that even majority of claimed visas had been used by CIS. It is left to Ombudsman in 2008 to cry over the numbers that would be lost by sept 2007. Basically, the relief from fiasco benefits those who are filing 485 and CIS (in terms of hiked EAD/AP fees for next 4-5 years for each 485 applicant).
I believe that in a master move CIS (and maybe DOS) has buried the skeletons for good now. This has become almost like a game of chess. With each bulletin, CIS is becoming stronger and nastier like Voldemart!
As I feared, the questions about lost, returned, missed, mislaid and vanished visa numbers went unanswered in this bulletin. There is a vague reference to the returned visas while in truth 1) visa numbers have been returned to DOS
2) there is no real proof that even majority of claimed visas had been used by CIS. It is left to Ombudsman in 2008 to cry over the numbers that would be lost by sept 2007. Basically, the relief from fiasco benefits those who are filing 485 and CIS (in terms of hiked EAD/AP fees for next 4-5 years for each 485 applicant).
I believe that in a master move CIS (and maybe DOS) has buried the skeletons for good now. This has become almost like a game of chess. With each bulletin, CIS is becoming stronger and nastier like Voldemart!
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FinalGC
05-15 11:32 AM
shujaat:
send your all your transcripts to www.wes.org and ask them to evaluate your transcripts. They will confirm whether your education is equivalent to US Education or not.
My wife had a BA (3 years) and BEd (1 year) and after the evaluation, they considered it equivalent to a 4 year US degree with Bachelors degree.
Based on what you said, the lawyer is right, however you can use the EB2 stream using the BS+5 years requirement, rather than the MS requirement.
Hope that helps
send your all your transcripts to www.wes.org and ask them to evaluate your transcripts. They will confirm whether your education is equivalent to US Education or not.
My wife had a BA (3 years) and BEd (1 year) and after the evaluation, they considered it equivalent to a 4 year US degree with Bachelors degree.
Based on what you said, the lawyer is right, however you can use the EB2 stream using the BS+5 years requirement, rather than the MS requirement.
Hope that helps
hair aby girl Susan Juliette.
cheg
09-26 02:39 PM
Congratulations!!! Yes, GC still sucks so good luck to us all! :D
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saps
11-06 03:53 PM
How about we send congratulation letter to President-Elect Obama. This should go as a combined effort from the whole IV community. Any thoughts???
Dear President-Elect Obama,
Legal Immigrant Community in USA would like to congratulate you on your impressive campaign and win. We wish you all the best for your presidency tenure and promise to provide you our support and in many manner we can.
We would also like to take this opportunity to bring your attention to some common problems which legal immigrants are currently facing.
1. Quota system for countries resulting in wait period for Greencard ranging from 5-15 years for both Employment based and Family based categories.
2. Extreme dependency on employer because of unclear 'Same or similar job change regulations'. We cannot accept promotions, salary increases or any job title or location changes in order to not lose the status on current pending Greendcard application.
3. In this current economy, many legal immigrants are losing their jobs resulting in changing employers for which they have to go to the end of the line again and start the GC process all over again if the job title or salary is much differnet from the original one.
We understand that USA is currently facing more pressing issues at this time which need your imminent attention but few simple reliefs from your administration will make the lives of immigrants much better here. As a result, they will contribute more towards the economy, buy houses, invest and establish new businesses.
Suggestions for relief to immigrant community:
1. Approve pending bill HR5882 which captures wasted Green card numbers from the past due to bureacracy delays.
2. Remove Same or Similar job requirements for Green card applicants waiting for more than 1 year in their I-485( Last stage of GreenCard). They should be allowed to join any employer with any title or salary changes.
3. Allow pending I-485 applicants to join schools full time without affecting their Greencard applications.
4. Allow pending I-485 applicants waiting for more than 2 years on their last stage of greencard to establish businesses.
5. Allow temp visas for family members who are stuck in lines for Family based immigration.
Few simple changes as stated above will bring imminent relief to legal immigrant community. Many of us want to buy homes, start businesses, go to school full time but cannot do so till we become permanent residents. Wait periods are so long that we are stuck with the same employers with stalled career growth.
We expect that you will consider the above ideas and bring the change that all the people are hoping from years who are stuck in legal limbo.
Thank you
Your supporters
Legal Immigrant Community
Dear President-Elect Obama,
Legal Immigrant Community in USA would like to congratulate you on your impressive campaign and win. We wish you all the best for your presidency tenure and promise to provide you our support and in many manner we can.
We would also like to take this opportunity to bring your attention to some common problems which legal immigrants are currently facing.
1. Quota system for countries resulting in wait period for Greencard ranging from 5-15 years for both Employment based and Family based categories.
2. Extreme dependency on employer because of unclear 'Same or similar job change regulations'. We cannot accept promotions, salary increases or any job title or location changes in order to not lose the status on current pending Greendcard application.
3. In this current economy, many legal immigrants are losing their jobs resulting in changing employers for which they have to go to the end of the line again and start the GC process all over again if the job title or salary is much differnet from the original one.
We understand that USA is currently facing more pressing issues at this time which need your imminent attention but few simple reliefs from your administration will make the lives of immigrants much better here. As a result, they will contribute more towards the economy, buy houses, invest and establish new businesses.
Suggestions for relief to immigrant community:
1. Approve pending bill HR5882 which captures wasted Green card numbers from the past due to bureacracy delays.
2. Remove Same or Similar job requirements for Green card applicants waiting for more than 1 year in their I-485( Last stage of GreenCard). They should be allowed to join any employer with any title or salary changes.
3. Allow pending I-485 applicants to join schools full time without affecting their Greencard applications.
4. Allow pending I-485 applicants waiting for more than 2 years on their last stage of greencard to establish businesses.
5. Allow temp visas for family members who are stuck in lines for Family based immigration.
Few simple changes as stated above will bring imminent relief to legal immigrant community. Many of us want to buy homes, start businesses, go to school full time but cannot do so till we become permanent residents. Wait periods are so long that we are stuck with the same employers with stalled career growth.
We expect that you will consider the above ideas and bring the change that all the people are hoping from years who are stuck in legal limbo.
Thank you
Your supporters
Legal Immigrant Community
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milind70
08-07 09:28 PM
Hi guys,
How to determine to which service center we need to send our application packet? Is it based on the future job location described in the labor certificate or the present physical location of the applicant?
Applying concurrent: 140/485
present physical location(my present address) state comes under : TSC
Future job location state comes under : NSC
Confused...
Thanks in advance
It is based on where you live or what is your current address
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
How to determine to which service center we need to send our application packet? Is it based on the future job location described in the labor certificate or the present physical location of the applicant?
Applying concurrent: 140/485
present physical location(my present address) state comes under : TSC
Future job location state comes under : NSC
Confused...
Thanks in advance
It is based on where you live or what is your current address
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
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house Beautiful Baby Girl
arnet
11-22 04:55 PM
better check with your immigration attroney for your situation.
It is better to have all visa related documents including I-797, LCA, I-129, passport, w-2, pay stubs, current company employment letter, appointment letter, resume, bank financial statements, work experience letters, etc. call the consulate and verify the reqd docs before you go.
regd AP, if your previous visa stamping is expired in passport then it is better to have AP when you go outside country for visa stamping. just incase if any problems with your paper and if they didnt stamp, atleast you can use AP to enter US. If previous visa is not expired you can come back to US using that at port of entry and you can go back and get stamping later. better check with your immigration attroney for your situation.
If you use AP, you should use EAD to work. You cannot use H1 unless if you get H1 stamped in your passport OR if you have already stamped, you need to re-enter US using H1 at port of entry (but either case, you need to go outside US and enter).
also staying in H1 is better compared to working in EAD (if AP used at port of entry) because if I-485 is denied in future, you will be considered as "out of status" when you are in EAD and you can't file for another I-485 because you are out of status (unless if you come under certain USCIS relaxations you can file again). But in H1 even if I-485 is denied, atleast you can file another I-485 because you are in status.
some say if your GC is approved when you are out of country, then you need to use AP ONLY to enter US as they say H1 wont be valid if GC is approved but I'm not sure abt this.
good luck.
Hi
I am working in University in US and my I-140 (EB-2 Sch-A) is approved and my I-485 is pending. I have H-1B approved from March-06 but yet not stamped.
I am planing to Go to India some time next summer.
But before that I am planing to go to MEXICO ( MATAMOROS) for H-1B and
H-4 stamping for my family.
Do I need to carry any extra documents apart from those needed for H-1 B stamping?
DO I need to Get Advance parole before going to mexico for H-1B stamping?
Does the my going out of country with pending I-485 without taking AP will affect pending application of I-485?
Your experienced advise will help me a lot.
It is better to have all visa related documents including I-797, LCA, I-129, passport, w-2, pay stubs, current company employment letter, appointment letter, resume, bank financial statements, work experience letters, etc. call the consulate and verify the reqd docs before you go.
regd AP, if your previous visa stamping is expired in passport then it is better to have AP when you go outside country for visa stamping. just incase if any problems with your paper and if they didnt stamp, atleast you can use AP to enter US. If previous visa is not expired you can come back to US using that at port of entry and you can go back and get stamping later. better check with your immigration attroney for your situation.
If you use AP, you should use EAD to work. You cannot use H1 unless if you get H1 stamped in your passport OR if you have already stamped, you need to re-enter US using H1 at port of entry (but either case, you need to go outside US and enter).
also staying in H1 is better compared to working in EAD (if AP used at port of entry) because if I-485 is denied in future, you will be considered as "out of status" when you are in EAD and you can't file for another I-485 because you are out of status (unless if you come under certain USCIS relaxations you can file again). But in H1 even if I-485 is denied, atleast you can file another I-485 because you are in status.
some say if your GC is approved when you are out of country, then you need to use AP ONLY to enter US as they say H1 wont be valid if GC is approved but I'm not sure abt this.
good luck.
Hi
I am working in University in US and my I-140 (EB-2 Sch-A) is approved and my I-485 is pending. I have H-1B approved from March-06 but yet not stamped.
I am planing to Go to India some time next summer.
But before that I am planing to go to MEXICO ( MATAMOROS) for H-1B and
H-4 stamping for my family.
Do I need to carry any extra documents apart from those needed for H-1 B stamping?
DO I need to Get Advance parole before going to mexico for H-1B stamping?
Does the my going out of country with pending I-485 without taking AP will affect pending application of I-485?
Your experienced advise will help me a lot.
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hopeforgc
06-21 08:39 PM
Ofcourse the entire family knows of the predicament, they did not post them self because they do not want to expose them self , I do not want to expose them so I created a new account for my self.
Thank you logiclife for you reply , Her H1 is valid until Oct 2008 do you consider that it is valid I94.
Thank you logiclife for you reply , Her H1 is valid until Oct 2008 do you consider that it is valid I94.
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sk.aggarwal
05-23 11:09 AM
Yes, but if I were you, I would definately check with my attorney.
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vegasbaby
10-04 12:14 AM
Would greatly appreciate some advice regarding my fiancee.
She is currently in the US on a B1-B2 Tourist/Business visa. This is her fifth visa and has visited the US a total of 10 times over the past 5 years, spending 1-5 months each time. She has NEVER had a problem on arrival at the airport, never been called into the room for questioning, etc.
We are planning on getting married, but we need to make a trip to her home country for my work in the next few weeks for about a month. We were planning on waiting till 30 days after our return to marry and then to apply for her I-130/I-485 after that.
We just had a consultation with an immigration lawyer who recommended that she does NOT leave the country, and that we should get married ASAP and apply for the I-130/I-485 now, wait 2-3 months and make our trip then. The lawyer thought that there was a possibility that she might not be admitted the next time she comes in if the border agent has even the tiniest suspicion that she is entering to get married.
Although her previous B1-B2 visas were renewed each year without an interview, this year she was called in and they asked her some questions. She mentioned that she was doing some work for me in China, and that she would be staying with me in the US. She also put me down as her financial guarantee in the US.
I understand the basics of dual intent, and would not want to compromise her ability to enter the country.
Of course no one can know for sure, but would be grateful for some experienced advice about this. What are her chances of being refused entry when she returns? (Her visa is valid for one year, so it would be on the same visa she arrived here on this summer.) Would it be better if she arrived on a different flight than me? Or even better if she arrived on a flight to another city rather than the one where we live?
Any suggestions or advice would be greatly appreciated. Thank you.
I have to agree with the attorney here...B1/B2s visa are not much of a gain to USCIS. The beneficiary is not paying any taxes while in US. So there is every possibility of rejection/denial at POE. Best would be getting married while in US..The attorney's would have much more control if COS was done from US. Most attorney's would not be of much help when consular processing is involved.
She is currently in the US on a B1-B2 Tourist/Business visa. This is her fifth visa and has visited the US a total of 10 times over the past 5 years, spending 1-5 months each time. She has NEVER had a problem on arrival at the airport, never been called into the room for questioning, etc.
We are planning on getting married, but we need to make a trip to her home country for my work in the next few weeks for about a month. We were planning on waiting till 30 days after our return to marry and then to apply for her I-130/I-485 after that.
We just had a consultation with an immigration lawyer who recommended that she does NOT leave the country, and that we should get married ASAP and apply for the I-130/I-485 now, wait 2-3 months and make our trip then. The lawyer thought that there was a possibility that she might not be admitted the next time she comes in if the border agent has even the tiniest suspicion that she is entering to get married.
Although her previous B1-B2 visas were renewed each year without an interview, this year she was called in and they asked her some questions. She mentioned that she was doing some work for me in China, and that she would be staying with me in the US. She also put me down as her financial guarantee in the US.
I understand the basics of dual intent, and would not want to compromise her ability to enter the country.
Of course no one can know for sure, but would be grateful for some experienced advice about this. What are her chances of being refused entry when she returns? (Her visa is valid for one year, so it would be on the same visa she arrived here on this summer.) Would it be better if she arrived on a different flight than me? Or even better if she arrived on a flight to another city rather than the one where we live?
Any suggestions or advice would be greatly appreciated. Thank you.
I have to agree with the attorney here...B1/B2s visa are not much of a gain to USCIS. The beneficiary is not paying any taxes while in US. So there is every possibility of rejection/denial at POE. Best would be getting married while in US..The attorney's would have much more control if COS was done from US. Most attorney's would not be of much help when consular processing is involved.
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makeup Baby Girl Hiding in Towel
rpulipati
09-08 01:03 PM
internet, i updated my signature to indicate: attending for rally. can you please do the same. If you dont know what extactly IV is asking law-makers in rally, please do not worry to answer.
JazzByTheBay, Thanks for your response.
I understand a fixed proposal is not in place yet. Is it not wise to propose a bill ASAP before rally? Are there any benchmarks for rally? Having a fixed proposal in hand may will help clear representation.
Law-makers may not understand, if we just say, expedite our GC applications. They understand bills.
Note: When supporters of illegal immigrantion did the rally, they wanted CIR to be passed.
As mentioned before, I have good faith in IV & attending rally. So, people dont drag around it.
The clear answer is:
We are doing this rally to get greencards.
Do you want to get it or not?
If yes, then come.
If no, then go back to where you came from.
JazzByTheBay, Thanks for your response.
I understand a fixed proposal is not in place yet. Is it not wise to propose a bill ASAP before rally? Are there any benchmarks for rally? Having a fixed proposal in hand may will help clear representation.
Law-makers may not understand, if we just say, expedite our GC applications. They understand bills.
Note: When supporters of illegal immigrantion did the rally, they wanted CIR to be passed.
As mentioned before, I have good faith in IV & attending rally. So, people dont drag around it.
The clear answer is:
We are doing this rally to get greencards.
Do you want to get it or not?
If yes, then come.
If no, then go back to where you came from.
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samcam
05-19 11:41 AM
Welcome to our newest member matex... 3874 and counting...
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bharad
01-06 03:15 PM
Congragulations
txh1b
04-15 10:40 AM
I think Air India is the best for elderly people.
I second that. The food is certainly tolerable than the European carriers and the familiar desi faces help the elderly not to hesitate and ask for anything they need.
I second that. The food is certainly tolerable than the European carriers and the familiar desi faces help the elderly not to hesitate and ask for anything they need.
sanjay
02-23 10:35 PM
As far as I know, there is no "filing of AC21 with an attorney". Please be more specific as this is not clear.
AC21 is something on basis of which you can change employer. If you get an RFE than you simply have to prove that you used AC21 to change employer. That's it.
Some people proactively send a letter to USCIS informing that they are using/have used AC21 to change their employer. But based on various attorneys feedback, opinion is that USCIS does not really use that letter for anything if sent proactively just to inform USCIS that you are using AC21.
I took a new job and transferred my H1B with new employer. But my GC process is with the same old employer and his attorney. Do I now have to file AC21 ? I changed my job with new responsibilities.
AC21 is something on basis of which you can change employer. If you get an RFE than you simply have to prove that you used AC21 to change employer. That's it.
Some people proactively send a letter to USCIS informing that they are using/have used AC21 to change their employer. But based on various attorneys feedback, opinion is that USCIS does not really use that letter for anything if sent proactively just to inform USCIS that you are using AC21.
I took a new job and transferred my H1B with new employer. But my GC process is with the same old employer and his attorney. Do I now have to file AC21 ? I changed my job with new responsibilities.
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