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  • dsneyog
    11-30 10:54 PM
    Sorry I have no advise as I am filing my AP tomorrow for the first time. However it scares me that it's been over 3 months that USCIS received your application. I am sending out mine tomorrow and need to get it it by late February. Wondering if I should mention in my covering letter about expediting it. I am also planning to include prepaid envelope.

    Hope someone here can answer your question.





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  • gcisadawg
    04-13 10:22 AM
    I have recently switched the job using AC21. I have to move my 401K from my old previous company but here is the issue: in my new company I will not be eligible for the 401 till I complete 6 months with the new company.
    If thinking of moving it to IRA account, please let me know what is the procedure involved?
    I will really appreciate if some can suggest me what are my other options.
    Thanks,

    You have multiple options.

    1> Just keep the money with your old company. This is possible if the balance is above 5K.
    You can shift as soon as you set up a new 401K plan with your new company. Check with your current HR if they allow this. In my company, they do allow this.

    2> Shift the money to a new/exsisting IRA.

    Either case, first open the account and ask your current 401K custodian to write a cheque to new 401K/IRA custodian. If they write a cheque directly to you, they may withhold tax.
    If you don't deposit within specific time period then you would incur tax and 10% penalty.

    -GCisaDawg





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  • Adam
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  • kubmilegaGC
    09-11 03:52 PM
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  • gc_on_demand
    01-20 09:37 PM
    I had same situation in 2009.. petition was approved in Mid 2008 and stamping was in feb 2009. No PIMS delay. I think if gap is more than few months , PIMS records are updated.





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  • mbartosik
    09-05 09:09 PM
    So how about a fax campaign in favor.
    That should not be too distracting from rally preparations.

    Specifically we should highlight support for the increase in greencards. Other provision in STRIVE may have more enemies. Lou Dobbs is already all over it.



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  • CADude
    07-23 11:22 PM
    Take alternative opnion from good Attorney and take a chance.

    Hi,
    My situation is as follows:
    1) approved RIR labor 2002
    2) approved perm labor 2005
    3) approved i-140 2006 (PD 2005)
    4) ALL of above for company-A. 2006 company-B took over.

    My lawyer said i cannot file and have to start again with new labor as merger/acquistion was 'asset only' type.

    I want to self-file i-485 giving the company "name change" letter as the only proof along with the rest of regular documents. Company-B employer is in 100% support of my application.

    SHOULD I just waste $$$$ money or take a chance ? PLEASE HELP...TIRED OF WAITING FOR LAST 5 years :(

    Regards,
    -Ravi





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  • h1bnogc
    08-30 06:51 AM
    The officer can only look at the current I-797, cannot give an i-94 as per the future I-797. The other posters were correct last action rule does apply, however in my interpretation of the last action rule since your I-797 is not effective until November 2009 and your entry was before that, your last action in this case will be the latest I-797 and it will therefore be valid. In my opinion the Officer was correct in informing you that their is no problem for you to use your latest I-797 once the old one expires. Make sure you don't have a gap in the dates between the expiry of the old I-797 and start date of the new one.

    Thanks for taking time in responding to our queries.I understand this is old thread, still questions are same It looks like in this travel scenario, extension of stay makes thing more complicated than h1b transfer because of start and end date of extension and travel date.

    It appears that if POE officers gives new I94 based on future I797 or old I797, as far as there is no gap, it is ok.

    How about there is overlap? let say new I94 issued by POE officer expires Oct 10 (current H1B expires sep 30 + courtesy= 10), one attached with extension of stay approval start Oct 1. Is this a problem (last action rule or anything else)?

    thanks for your response...



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  • optimist578
    04-30 10:43 AM
    You are there for a long wait..mine was filed in dec and still pending.

    My receipt date was 1st Dec and I got approval notice on April 25th.





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  • njboy
    06-08 01:22 PM
    When the poor Irish came to US, was there a rule that said, they can get their papers sooner if they pay some extra money? Premium processing is creating elitism by encouraging the well-heeled to pay to be above a system. Was there a rule that said that Vito Corleone would have to stay on Ellis Island and not work for several months if he didnt pay extra money to get his I-130 processed? But, today..the system is doing exactly that. They are confining our personal Godfathers (who we are mortally scared of .i.e or wives) to stay at the virtual Ellis Island (read as - 1 Bedroom apartment) and not allowing them to work till we premium process the shirts off our back.



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  • Madhuri
    06-05 11:02 AM
    My I-140 case status (NSE) used to say 150-180 days, now no more time line words in the status. Just they say they will notify you when decision is made, I thought that was because I 140 premium is coming soon, they changed the wording.

    Did anyone notice the change in the wording on I-485 adjustment of status? It used to say that it takes between 850 and 900 days to process this type of request. Now it just says that the will notify you when a decision has been made. This change was just made in the last week or two. Curious.





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  • Rohan99
    10-29 12:21 PM
    If a person on H4 applies for EAD, does it mean his/her H4 is no longer active. And now, he needs to carry AP while traveling?


    Please help...



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  • MerciesOfInjustices
    03-25 09:09 AM
    TOI is the champion of these kind of nonsense, after S.1932 was passed by the senate they published an article saying 'Good news, A bill for Green card increase, H1B increase ..... have been passed by U.S. lawmakers' with no mention of house hurdle etc. I fail to digest that the reporter who is writing the article doesn't know, after the bills get passed in the Senate they go to Congress. But it's TOI they can do that.
    Write to TOI, the article is from a news agency but they should be talking about legal immigration issues more.





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  • friend99
    10-09 09:08 PM
    I talked to the customer first and she escalated the call to second officer, So I think that is IO! is it right?



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  • GC_newbee
    10-29 09:03 PM
    ^bump





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  • LostInGCProcess
    06-17 05:05 PM
    The thing is AC21 applies to you as long as your I-485 is pending - the exact wording.
    The law allows you to change the job, but the job must be same or similar. Also, the law states, that the burden of proof lies on you, USCIS doesn't have to prove anything. So, if in the future (at time of citizenship or upon investigation) should they allege that you broke the law - you have to prove that you didn't.

    In this case EVL, W2s, and paychecks is enough to prove.



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  • gccube
    04-08 12:01 PM
    and they gave a consistent reply all the three times that my NC is cleared. But I agree that there are no guarantees.

    As per them the NC was initiated on Aug1st 2007. So probably the 180 day rule should cover me.





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  • adde72
    06-14 09:59 PM
    Dear Friends,

    Please excuse my ignorance, but I don't know what AC-21 is. Can someone please give me some idea?

    Thank you.


    Next week is the time to talk more about AC 21 . This week lets complete all the work to file the petition

    Long Stroy in short form with the rules underlying AC 21 act
    If 140 is approved and 485 petition was pending for adjustment for more than 180 days ( from Receipt Date ) you can move to a similar job under a different employer using EAD





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  • pappu
    05-08 10:26 AM
    Hello all,

    While I was out, the office of Congress called my home last night in regards to the email i sent them a month ago about the GC retrogression and H1B shortage. They asked me to return their call, I hold off calling them back because I'm confused of what to say, the thing is i don't want to disclose where I work (don't want to get my company involved). But really I am not sure what they have called me for given that email i sent them. Any ideas would be appreciated.
    Good to hear that.
    You must follow up with them and tell them that you are an IV member and stuck in rertrogression. Educate them a bit about the long delays in the green card process and seek an appointment with them so that you can discuss the issues in person. As soon as you seek an appointment, get in touch with IV. (varsha at immigrationvoioce.org and sanjay at immigrationvoice.org )and they will guide you for the meeting.
    These are good signs that the office wants to discuss your concerns. Make use of the opportunity and help this community and yourself by following it up. If you would not like to disclose your employer to the lawmaker, that is fine. Generally lawmaker offices are considerate and very friendly. You will like the experience after you have met them.





    harsh
    12-30 02:08 PM
    elanegeng and curiosity_76 welcome to Alabama state chapter. Nice to know that there are people in alabama stuck in retro. For a while I was getting alone in here :). I am in Huntsville. Where are you in bama curiosity_76?

    Lets stay in touch. We can share our contact information so that we can get in touch with others when we have to meet lawmakers or other important events.





    satishku_2000
    08-03 04:43 PM
    I understand everyone is anxious but this is simple language. I am sure you can 'decipher' it


    I am not sure whether you got a chance to read the whole thread. :) In normal circumstances there is no need to decipher...:)



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