div_bell_2003
01-15 08:38 PM
How's AC21 involved in this scenario ???? :confused:
wallpaper Iphone alphabet wallpaper - z
chanduv23
09-19 03:40 PM
Here is my dilemma--
MY INFO---
Occupation -- Physician
EB2, INDIA, PD APR 2006, EAD renewed till sept 2010, H1 valid till feb 2010 (non-profit company), I-140 approved, I-485 filed July 2007
I have a very good job offer and I really want to get out of my present job. They expexct me to start work next year in about apr 2008-- The new job is not in my present state but I am freaked out about using AC 21 for following reasons:
-New company has no clue about H1 and they cannot file H1 any way because they are "for profit" and my h1 is presently from non profit and the QUOTA is now over. My occupation still remains same -(I am a physician ---no way to change occupation -- still have to do same job !)
-New company can only give me a generic letter for employment (EVL) ---
"To whomsoever ---etc..it may concern..and only briefly describing my title and job description"
--- My questions to respected IV members
1) should I invoke Ac 21 ??-- I am worried that the EVL may not meet USCIS needs as it may not be fully detailed
2) The other option I have is to take a leave of absence from my present company for one year and start working for the new company? IN this case what happens if I get RFE for EVL ? Which company should I say I am working for present or the future ?
PLEASE HELP I am very confused--- I strongly feel that the leave of absence might be an insurance policy but I don't know how to approach it !!
If you are past 180 days after filing 485 you can change jobs using H1b transfer or EAD. If you use EAD it does not matter if it is profit or non profit.
Your new employer can send letter in any format, but 99% chances that your AC21 will never reach your file - because there is no system in place for it. USCIS treat AC21 letter as response to an RFE - so if you change job you are fine - make sure you update your address on file so that if they send an RFE, you can respond to it, always use a lawyer for everything. In case your ex employer requests USCIS to revoke your 140 then you may get a NOID which is also treated as an RFE. A lot of Visa Officers do not know about AC21 portability - I met one such officer during Infopass and she had no clue about it - may send a denial on 485 - in such cases your case can be reopened through MTR.
You may not even get an RFE at times and things could just be as fine. Hope this helps.
Also consult with an Attorney - it really really helps
MY INFO---
Occupation -- Physician
EB2, INDIA, PD APR 2006, EAD renewed till sept 2010, H1 valid till feb 2010 (non-profit company), I-140 approved, I-485 filed July 2007
I have a very good job offer and I really want to get out of my present job. They expexct me to start work next year in about apr 2008-- The new job is not in my present state but I am freaked out about using AC 21 for following reasons:
-New company has no clue about H1 and they cannot file H1 any way because they are "for profit" and my h1 is presently from non profit and the QUOTA is now over. My occupation still remains same -(I am a physician ---no way to change occupation -- still have to do same job !)
-New company can only give me a generic letter for employment (EVL) ---
"To whomsoever ---etc..it may concern..and only briefly describing my title and job description"
--- My questions to respected IV members
1) should I invoke Ac 21 ??-- I am worried that the EVL may not meet USCIS needs as it may not be fully detailed
2) The other option I have is to take a leave of absence from my present company for one year and start working for the new company? IN this case what happens if I get RFE for EVL ? Which company should I say I am working for present or the future ?
PLEASE HELP I am very confused--- I strongly feel that the leave of absence might be an insurance policy but I don't know how to approach it !!
If you are past 180 days after filing 485 you can change jobs using H1b transfer or EAD. If you use EAD it does not matter if it is profit or non profit.
Your new employer can send letter in any format, but 99% chances that your AC21 will never reach your file - because there is no system in place for it. USCIS treat AC21 letter as response to an RFE - so if you change job you are fine - make sure you update your address on file so that if they send an RFE, you can respond to it, always use a lawyer for everything. In case your ex employer requests USCIS to revoke your 140 then you may get a NOID which is also treated as an RFE. A lot of Visa Officers do not know about AC21 portability - I met one such officer during Infopass and she had no clue about it - may send a denial on 485 - in such cases your case can be reopened through MTR.
You may not even get an RFE at times and things could just be as fine. Hope this helps.
Also consult with an Attorney - it really really helps
rajmirk
04-27 10:02 PM
Unfortunately that report just shows that we are now on the radar of FAIR, a a very aggressive anti-immigrant group. Google to learn more about FAIR.
Did you read the title and the comment?
Of course, this is not surprising, that anti-immigrants are furious to discover that we have anything to do with Congress.
Looks like someone is finally posting from our side too there !
Did you read the title and the comment?
Of course, this is not surprising, that anti-immigrants are furious to discover that we have anything to do with Congress.
Looks like someone is finally posting from our side too there !
2011 letter Z. Alphabet symbol
chanduv23
10-11 09:44 AM
So many "I will try and keep you posted". So what is the story here? R u all making it or not?
more...
sdudeja
02-06 07:03 AM
Sorry to hear that. I am just making a point that my attorney told me that if you are on EAD with AC 21 and your 485 is denied for some reason then you are out of status that made me change my mind from using AC21.
realizeit
05-26 04:27 PM
Salient features of Bill: S.1085
After analyzing this bill, I found the following:
1. This bill will recapture all those unused employment based visas (gcs) from 1997 till 2008 and it will add those recaptured visas to this year's employment based quota.
2. After the passage of this bill, any unused visas will rollover to the next year. So, no more wastage of visas as we go forward.
3. Per country limit will be increased from 7% to 10%, so more folks from over subscribed countries would be able to come under the normal yearly quota.
4. We will be able to avail the benefits of the recapture after 60 days of the passage of the bill. That means, if they are able to recapture 220,000 (approx) employment based visas, the employment based category will be able to use all those after 60 days of the passage of this bill. USCIS is pre-adjudicating all I485s pending and if this bill gets passed in say for eg by October 30, almost all (80%) in this community (who filed 485) would be able get their GCs in Jan and Feb of 2010.
What makes this bill much more interesting is:
1. This is not a bill targetting the issues of Employment based category - So there won't be a huge backlash against this in the name of the economy and recession. The provisions for the employment category are just one item in this bill.
2. Family based immigration reform has a wider range of support from all kinds of groups unlike Employment based immigration reform. Just search for this bill "Reuniting Families Act" in google news and you can identify all those organizations supporting this bill (they all have a news release).
Complete Text of this Bill:
http://thomas.loc.gov/cgi-bin/query/z?c111:S.1085:
After analyzing this bill, I found the following:
1. This bill will recapture all those unused employment based visas (gcs) from 1997 till 2008 and it will add those recaptured visas to this year's employment based quota.
2. After the passage of this bill, any unused visas will rollover to the next year. So, no more wastage of visas as we go forward.
3. Per country limit will be increased from 7% to 10%, so more folks from over subscribed countries would be able to come under the normal yearly quota.
4. We will be able to avail the benefits of the recapture after 60 days of the passage of the bill. That means, if they are able to recapture 220,000 (approx) employment based visas, the employment based category will be able to use all those after 60 days of the passage of this bill. USCIS is pre-adjudicating all I485s pending and if this bill gets passed in say for eg by October 30, almost all (80%) in this community (who filed 485) would be able get their GCs in Jan and Feb of 2010.
What makes this bill much more interesting is:
1. This is not a bill targetting the issues of Employment based category - So there won't be a huge backlash against this in the name of the economy and recession. The provisions for the employment category are just one item in this bill.
2. Family based immigration reform has a wider range of support from all kinds of groups unlike Employment based immigration reform. Just search for this bill "Reuniting Families Act" in google news and you can identify all those organizations supporting this bill (they all have a news release).
Complete Text of this Bill:
http://thomas.loc.gov/cgi-bin/query/z?c111:S.1085:
more...
PD_Dec2002
06-28 03:53 PM
Please ...let us agree on this ...will get an EAD even if i-140 is pending while 485 is filed correct??
Not quite. You will get an EAD ONLY if you filed form I-765 along with your I-485. Your I-140 has no bearing on your EAD.
Thanks,
Jayant
Not quite. You will get an EAD ONLY if you filed form I-765 along with your I-485. Your I-140 has no bearing on your EAD.
Thanks,
Jayant
2010 Letters X to Z
MD_123
03-05 08:42 PM
After reading about IV's efforts, I quickly decided to join and I will mail in my contribution tomorrow.
I'm so impressed by the level of organization and commitment. Keep up the excellent work everyone.
I'm so impressed by the level of organization and commitment. Keep up the excellent work everyone.
more...
waitnwatch
04-27 11:26 PM
Isn't this site giving the article on IV more exposure!!!!!
hair View and Print Your Letter Z
sparklinks
07-20 02:40 PM
I just call USCIS , she told me to wait until Aug 2nd week to get receipt# or to see chased checks.
more...
swaroopmukka
07-18 10:47 AM
Hello,
I have a similar situation, but different factors. My labor has been approved May 2007 and I can apply for my 140 and 485 together and I'll do it now well before Aug 16. I'm getting married and my wife would be here by September or October. She'll be on H4. I won't be applying for my EAD if she decides to be on H4. If the dates go back to say 2005, I will need to wait for my priority date of May 2007 to come CURRENT again and then only do her AOS (I'm assuming until then even my 485 won't be touched by USCIS). Once my date becomes current and my application starts processing, I'll add her immediately.
Now the only thing I'd be missing in such a case would be applying for my EAD anytime soon. If she decides to apply for H1B next year or even go on
F1, then I can apply my EAD and start using it. I'll be on my EAD and she'll be on H1/F1. When my priority date becomes current (in a few years assuming), then I can add her AOS.
Please suggest what should I do now ??
Thanks
I have a similar situation, but different factors. My labor has been approved May 2007 and I can apply for my 140 and 485 together and I'll do it now well before Aug 16. I'm getting married and my wife would be here by September or October. She'll be on H4. I won't be applying for my EAD if she decides to be on H4. If the dates go back to say 2005, I will need to wait for my priority date of May 2007 to come CURRENT again and then only do her AOS (I'm assuming until then even my 485 won't be touched by USCIS). Once my date becomes current and my application starts processing, I'll add her immediately.
Now the only thing I'd be missing in such a case would be applying for my EAD anytime soon. If she decides to apply for H1B next year or even go on
F1, then I can apply my EAD and start using it. I'll be on my EAD and she'll be on H1/F1. When my priority date becomes current (in a few years assuming), then I can add her AOS.
Please suggest what should I do now ??
Thanks
hot Letters Of The Alphabet gift
alex99
10-13 04:27 PM
As Monday is holiday, VB has not been published. Nothig much to speculate.
It would arrive by this Friday.
It would arrive by this Friday.
more...
house graffiti-alphabet-a-to-z style
gman
03-11 12:14 PM
let us start May 2009 predictions.
EB3-I 2003 October
Vegas: Black
Powerball: 1 7 13 35 37 41
I'd trust vegas and chance more than USCIS. A tarot reading may be more accurate.
EB3-I 2003 October
Vegas: Black
Powerball: 1 7 13 35 37 41
I'd trust vegas and chance more than USCIS. A tarot reading may be more accurate.
tattoo Z alphabet
sanju
07-11 01:41 AM
These USINPAC folks are shameless creatures who will take credit for the sun shining tomorrow morning. Lets send this guy Sanjay Puri, Robinder Sachdev and his fraudsters team a dictionary so that he knows how to spell IMMIGRATION correctly even if he has some malicious thoughts and actions in his mind. All they are good at is to do photo oppotunities and do these frauds where they claim to have worked or be working on an issue. I can also do the fund raisers and get photos taken. But there is where it stops with USINPAC. The politicians walk away with the money and turn their back on them and these guys start looking for the next politician to do a fund raiser for and get photo opportunity. How much more foolish can this get?
I agree with you 100%. I think Anti-Immigrants like NumbersUSA and Tom Tancredo is better than USINPAC. For Anti-immigrants atleast we know where they stand and we know what to expect from them. usinpac is the worst kind of disease for the community where they can trick you anytime and you will not even know when they are stabbing you at your back. They just want to do photo-ops and claim the credit for the things they didn't even know. I live in VA and most people in Indian community in northern VA know about the inside story of these scamster. Initially a few lawmakers got the impression that usinpac represent the Indian American community, maybe that is what the con-artist at this org conveyed to a few lawmakers. Now everybody in DC area, including the lawmakers, know the truth about this group. A journalist friend in MD told me that even press and reporters know about this totally useless org called usinpac.
It is one thing if they do something and then claim credit for doing it. The problem is first of all they claim to represent entire Indian American community; on top of that they do not do anything about the any issue including green card issue. But when they see something happening they will try to take ownership of anything moving and will try to make a show that things are moving because of them. Just as in this case, all the members of IV sent flowers and these guys are releasing press release to tell to the world that they are the once doing this drive. Such press release from them is extremely damaging as the basic intent of the ENTIRE flower campaign was o draw media attention. In this case usinpac did not spare all the people spending days and nights to coordinate, Nixtor and English_august and thousands of people who sent flowers. How can someone stoop so low? Now they want to get media attention and that is why they have sneaked in this press release. IV core must come clean on this and clearly renounce these consistent immature acts of these con-artists. This org with extremely bad reputation and we must stay as far away from them as possible.
I agree with you 100%. I think Anti-Immigrants like NumbersUSA and Tom Tancredo is better than USINPAC. For Anti-immigrants atleast we know where they stand and we know what to expect from them. usinpac is the worst kind of disease for the community where they can trick you anytime and you will not even know when they are stabbing you at your back. They just want to do photo-ops and claim the credit for the things they didn't even know. I live in VA and most people in Indian community in northern VA know about the inside story of these scamster. Initially a few lawmakers got the impression that usinpac represent the Indian American community, maybe that is what the con-artist at this org conveyed to a few lawmakers. Now everybody in DC area, including the lawmakers, know the truth about this group. A journalist friend in MD told me that even press and reporters know about this totally useless org called usinpac.
It is one thing if they do something and then claim credit for doing it. The problem is first of all they claim to represent entire Indian American community; on top of that they do not do anything about the any issue including green card issue. But when they see something happening they will try to take ownership of anything moving and will try to make a show that things are moving because of them. Just as in this case, all the members of IV sent flowers and these guys are releasing press release to tell to the world that they are the once doing this drive. Such press release from them is extremely damaging as the basic intent of the ENTIRE flower campaign was o draw media attention. In this case usinpac did not spare all the people spending days and nights to coordinate, Nixtor and English_august and thousands of people who sent flowers. How can someone stoop so low? Now they want to get media attention and that is why they have sneaked in this press release. IV core must come clean on this and clearly renounce these consistent immature acts of these con-artists. This org with extremely bad reputation and we must stay as far away from them as possible.
more...
pictures Alphabet 2:
fcres
06-18 11:39 PM
One does NOT need EAD to use AC21. I don't understand the panic.
In fact, one can be working at Employer B and can claim AC-21 for Employer C as a future job.
----------------------------------
Permanent Resident since May 2002
If you don't need EAD to use AC21 whats the use of EAD for the primary applicant?
I was not planning to change company and just filed my 485 without EAD last week. But now situation has changed and the lawyer said i need EAD if i want to use AC21 after 6 months. I'm hoping to get a receipt notice soon so that i can file for EAD without the increased fees. Anybody has any link to where it says we don't need EAD for AC21 so i can check with my lawyer?
In fact, one can be working at Employer B and can claim AC-21 for Employer C as a future job.
----------------------------------
Permanent Resident since May 2002
If you don't need EAD to use AC21 whats the use of EAD for the primary applicant?
I was not planning to change company and just filed my 485 without EAD last week. But now situation has changed and the lawyer said i need EAD if i want to use AC21 after 6 months. I'm hoping to get a receipt notice soon so that i can file for EAD without the increased fees. Anybody has any link to where it says we don't need EAD for AC21 so i can check with my lawyer?
dresses Free Alphabet Clip Art by
rongha_2000
03-18 05:15 PM
Thanks for your reply.
I really dont care what my company policy says because as I look at it, it should be my decision whether to work on EAD or continue on H1-B. If they switch my work authorization without my knowledge, then it will be a classic case for lawsuit. Moreoever the policy is not documented anywhere.
As long as you dont use your EAD, you can continue working on H1B.
In fact, if it is the same employer as your GC sponsor, you dont have to do anything.
The thing to remember is to extend your H1B if you do a H1B transfer so you dont have any issues at the time of transfer.
All this is assuming that your company policy can handle exceptions to the policy :)
Thanks!
I really dont care what my company policy says because as I look at it, it should be my decision whether to work on EAD or continue on H1-B. If they switch my work authorization without my knowledge, then it will be a classic case for lawsuit. Moreoever the policy is not documented anywhere.
As long as you dont use your EAD, you can continue working on H1B.
In fact, if it is the same employer as your GC sponsor, you dont have to do anything.
The thing to remember is to extend your H1B if you do a H1B transfer so you dont have any issues at the time of transfer.
All this is assuming that your company policy can handle exceptions to the policy :)
Thanks!
more...
makeup Vector alphabet Z logos and
gimme_GC2006
05-06 08:48 PM
Guys!!!
No point in showing frustration. Its not our birth right. We all were well educated before we came in here. Situation changes. And system makes an adjustment. Dont blame your country( I am also from India), for no one asked us to move out. There are so many nice positions available to work for. More than 80% of us found here a better oppurtunity, because there were no competition at all in getting jobs. 1st come 1st serve.
So do not complain. They do not have any urgency to hand us over the GCs. We can only request them to do the needful on the basis of our sorry state of affairs. Again, we are still at their mecrcy.
So stop complaining. Either wait and support IV or boot out.
Very well said..I have many desi ppl at my work place who gag about H1b slavery blah-blah..Not giving GC early..
People need to understand. (Offcourse its frustrating to wait for..but no one forced us to stay here..or come here)
No point in showing frustration. Its not our birth right. We all were well educated before we came in here. Situation changes. And system makes an adjustment. Dont blame your country( I am also from India), for no one asked us to move out. There are so many nice positions available to work for. More than 80% of us found here a better oppurtunity, because there were no competition at all in getting jobs. 1st come 1st serve.
So do not complain. They do not have any urgency to hand us over the GCs. We can only request them to do the needful on the basis of our sorry state of affairs. Again, we are still at their mecrcy.
So stop complaining. Either wait and support IV or boot out.
Very well said..I have many desi ppl at my work place who gag about H1b slavery blah-blah..Not giving GC early..
People need to understand. (Offcourse its frustrating to wait for..but no one forced us to stay here..or come here)
girlfriend WBALPHABET A to Z - Alphabet
Green_Always
12-31 09:05 PM
I have decided to give a break to these pain in the rear issues ...atleast for today and tomorrow. F***k this... Come what may... I will have a blast next 2 days :p
Wish you all a very happy new year 2011 and may every one cross the ocean of this GC torture system this new year !!
This is what we wanted to see from you.... :-)
Wishing you all A Happy New Year 2011
Me and My Family were Stuck on Interstate I-140 and later on Interstate I-485 < ran out of gas many times >
Wish you all a very happy new year 2011 and may every one cross the ocean of this GC torture system this new year !!
This is what we wanted to see from you.... :-)
Wishing you all A Happy New Year 2011
Me and My Family were Stuck on Interstate I-140 and later on Interstate I-485 < ran out of gas many times >
hairstyles Alphabet Bookend - Z
chi_shark
09-26 12:07 PM
hi,
i say great post! i actually was very happy in aug/sep this year and counted chicken much earlier than the eggs hatched... my eggs have not hatched... anyway, i set up an s-corp and got going... i did on my own name and with just me in it... the purpose of my s-corp was to do some non-IT work i.e. not consulting... though my day job is IT. my immigration lawyer warned me against being self employed for the GC sponsoring job... basically, if the USCIS ever becomes interested in your small business, they can ask any questions... including whether there is enough work to justify a full time employment and the burden of proof will be upon you... so if you plan to use AC21 to switch to your own company, i'd say think about it a little hard...
as for legal formalities with the state... that was a breeze... i incorporated with the state of illinois... filled out the form (2 pages). put it in the envelope with the check and sent it out... there are some other formalities too... i read the book "inc yourself" which had a bunch of easy instructions and things to watch out for... that was one amongst many books i read... did not consult any lawyer other than my immi lawyer... i use quickbooks for record keeping and have a free business checking account with national city... (i am in the midwest)... dont have cpa or lawyer yet... primarily, i want to learn the law and accounting myself before i outsource to lawyers/cpas...
all the best, let me know if i can help.. i would enjoy it...
Folks,
Back in those exciting/nail biting days of July 2007 ( I think all, who filed their 485, would remember that month throughout life) . There were couple of thread that got started to collect information on how to be our own BOSS and STOP being a slave of your Employer.
I think it would be a good idea to start a thread (pls forgive me if you think its not such a good idea after all to stat a new thred) and collect some fresh/new/interesting information from people who did try to live thier dream of be their own BOSS. I think it will help other people as well to start thinking about the important steps in the life given the fact the GC is still little too far.
Please post any information that is relevent to the topic of starting your own company while the 485 is still pending.
Start the company on Primary's Name?
Start the company on Spouse name?
W-2 with the Vendor?
Independent Consulting?
i say great post! i actually was very happy in aug/sep this year and counted chicken much earlier than the eggs hatched... my eggs have not hatched... anyway, i set up an s-corp and got going... i did on my own name and with just me in it... the purpose of my s-corp was to do some non-IT work i.e. not consulting... though my day job is IT. my immigration lawyer warned me against being self employed for the GC sponsoring job... basically, if the USCIS ever becomes interested in your small business, they can ask any questions... including whether there is enough work to justify a full time employment and the burden of proof will be upon you... so if you plan to use AC21 to switch to your own company, i'd say think about it a little hard...
as for legal formalities with the state... that was a breeze... i incorporated with the state of illinois... filled out the form (2 pages). put it in the envelope with the check and sent it out... there are some other formalities too... i read the book "inc yourself" which had a bunch of easy instructions and things to watch out for... that was one amongst many books i read... did not consult any lawyer other than my immi lawyer... i use quickbooks for record keeping and have a free business checking account with national city... (i am in the midwest)... dont have cpa or lawyer yet... primarily, i want to learn the law and accounting myself before i outsource to lawyers/cpas...
all the best, let me know if i can help.. i would enjoy it...
Folks,
Back in those exciting/nail biting days of July 2007 ( I think all, who filed their 485, would remember that month throughout life) . There were couple of thread that got started to collect information on how to be our own BOSS and STOP being a slave of your Employer.
I think it would be a good idea to start a thread (pls forgive me if you think its not such a good idea after all to stat a new thred) and collect some fresh/new/interesting information from people who did try to live thier dream of be their own BOSS. I think it will help other people as well to start thinking about the important steps in the life given the fact the GC is still little too far.
Please post any information that is relevent to the topic of starting your own company while the 485 is still pending.
Start the company on Primary's Name?
Start the company on Spouse name?
W-2 with the Vendor?
Independent Consulting?
logiclife
02-01 12:44 PM
Gurus,
At PortOfEntry, CBP officers are QUESTIONING IF you are working for the sponsoring employer and many folks just switched jobs with AC-21 with no valid H1B anymore.
Questions:
1. What are the Consequences at Port of Entry on travelling with AP and NOT working for the ORIGINAL GC sponsor?
2. Can anyone share thier experience what was the outcome at Port of Entry when the answer is "NO - I am not working with sponsoring employer anymore" Were they held at Portof Entry indefinitely ?
3. What Steps can anyone take when at CBP office/Immigration Official is NOT allowing you to re-enter US on Valid AP (I-485 pending) and you are NOT working for sponsoring employer and no valid H1B?
Did you or someone you know experience such questions at POE for an advanced parole? Or are you just posing a hypothetical?
I have recently re-entered on AP and not a single question was asked. Not only that, I was not fingerprinted or photographed at the counter like a visa holder would be. I was taken to the back office where an agent entered information from my AP into the computer, stamped the AP and gave it back to me. No questions asked. Period. This was at the JFK airport in NY.
Parole is meant to grant entry to resume adjustment of status. Parole is not subject to employment, it is subject to a pending I-485.
If this is a hypothetical from you, then please shake these imaginations and live in peace and enjoy EAD and AP.
Too much thinking and too much analysis has caused this community to revert back to H1 lifestyle and they are not using EAD and AP - ONE OF THE MAIN REASONS why we were all so happy due to 485 filing.
What is the point of having an early 485 filed, if you are not going to use EAD and AP and be at mercy of consulates for restamping and be at mercy of employers who will need to sponsor you to hire you?
At PortOfEntry, CBP officers are QUESTIONING IF you are working for the sponsoring employer and many folks just switched jobs with AC-21 with no valid H1B anymore.
Questions:
1. What are the Consequences at Port of Entry on travelling with AP and NOT working for the ORIGINAL GC sponsor?
2. Can anyone share thier experience what was the outcome at Port of Entry when the answer is "NO - I am not working with sponsoring employer anymore" Were they held at Portof Entry indefinitely ?
3. What Steps can anyone take when at CBP office/Immigration Official is NOT allowing you to re-enter US on Valid AP (I-485 pending) and you are NOT working for sponsoring employer and no valid H1B?
Did you or someone you know experience such questions at POE for an advanced parole? Or are you just posing a hypothetical?
I have recently re-entered on AP and not a single question was asked. Not only that, I was not fingerprinted or photographed at the counter like a visa holder would be. I was taken to the back office where an agent entered information from my AP into the computer, stamped the AP and gave it back to me. No questions asked. Period. This was at the JFK airport in NY.
Parole is meant to grant entry to resume adjustment of status. Parole is not subject to employment, it is subject to a pending I-485.
If this is a hypothetical from you, then please shake these imaginations and live in peace and enjoy EAD and AP.
Too much thinking and too much analysis has caused this community to revert back to H1 lifestyle and they are not using EAD and AP - ONE OF THE MAIN REASONS why we were all so happy due to 485 filing.
What is the point of having an early 485 filed, if you are not going to use EAD and AP and be at mercy of consulates for restamping and be at mercy of employers who will need to sponsor you to hire you?
pankaj_n
04-20 08:33 AM
although this doesn't fit 100% to your case. You may want to look at the attached administrative appeals office decision.
Essentially, a person was denied in eb2 because they had a 3 yr bsc and 2 year masters. they had education evaluationstating that masters indian degree was equal to us masters degree.
nebraska service center stated that 3+2 is not equal to masters degree. Admininstrative appeals office decision approved it saying that it didn't matter how long the combined study was. As long as foreign masters equals us masters then that is all which needs to be proven.
My experience has been that texas service center sends an rfe for this 3+2 education. I know of 8 cases where thie decision was shown in the rfe and they all 8 got approved. I know of one case in nebraska where this case was shown and they still denied it stating that it wasn't a precedent decision (person already had another 140 denied and there was some history in his case which i believe caused nebraska to deny it). Odd part was that the appeals office decision was from nebraska service center
2 year back my I-140 got rejected due to same reason 3+2 degree.
Essentially, a person was denied in eb2 because they had a 3 yr bsc and 2 year masters. they had education evaluationstating that masters indian degree was equal to us masters degree.
nebraska service center stated that 3+2 is not equal to masters degree. Admininstrative appeals office decision approved it saying that it didn't matter how long the combined study was. As long as foreign masters equals us masters then that is all which needs to be proven.
My experience has been that texas service center sends an rfe for this 3+2 education. I know of 8 cases where thie decision was shown in the rfe and they all 8 got approved. I know of one case in nebraska where this case was shown and they still denied it stating that it wasn't a precedent decision (person already had another 140 denied and there was some history in his case which i believe caused nebraska to deny it). Odd part was that the appeals office decision was from nebraska service center
2 year back my I-140 got rejected due to same reason 3+2 degree.
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