desi3933
07-09 11:16 AM
What does AC-21 have to do with verifying out of status? Can you give more details on how AC-21 affected his I-485?
Thanks
Every employment based I-485 applicant has to show (read: prove) that he/she is maintaining valid non-immigrant status prior to filing of I-485 application since last entry into USA. The out of status days must be less than 180 days.
For valid H1 status, the LCA location dictates the job location. The job location must be 50 miles (I need to check on this) with in LCA location.
In this case, a person was working in area B but his LC (for green card) was area A. He claimed AC-21 (AC-21 allows person to work on different location for future GC job). His I-485 denied and he filed appeal.
In appeal it was found out that he is eligible for AC-21. However it was also found that at the filing of I-485 he was working in area B whereas his H1B LCA indicated area A, so he was out of H1 status (for more than 180 days) at the time of I-485 application. So his I-485 application was denied.
_______________________
Not a legal advice.
Thanks
Every employment based I-485 applicant has to show (read: prove) that he/she is maintaining valid non-immigrant status prior to filing of I-485 application since last entry into USA. The out of status days must be less than 180 days.
For valid H1 status, the LCA location dictates the job location. The job location must be 50 miles (I need to check on this) with in LCA location.
In this case, a person was working in area B but his LC (for green card) was area A. He claimed AC-21 (AC-21 allows person to work on different location for future GC job). His I-485 denied and he filed appeal.
In appeal it was found out that he is eligible for AC-21. However it was also found that at the filing of I-485 he was working in area B whereas his H1B LCA indicated area A, so he was out of H1 status (for more than 180 days) at the time of I-485 application. So his I-485 application was denied.
_______________________
Not a legal advice.
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eb3_nepa
11-07 02:17 PM
Thanks Chandu...
Never knew somebody had compiled such a large list!!!
I think this thread is a great way for people to share their experiences with consulting companies. Nothing like first hand information from people who have lived and learnt. However let's keep it positive. No unnecessary rants, if someone feels their company is bad, then by all means state it, but I hope we do so in a reasonably civil manner so as to keep the moderator's job nice and easy :)
Never knew somebody had compiled such a large list!!!
I think this thread is a great way for people to share their experiences with consulting companies. Nothing like first hand information from people who have lived and learnt. However let's keep it positive. No unnecessary rants, if someone feels their company is bad, then by all means state it, but I hope we do so in a reasonably civil manner so as to keep the moderator's job nice and easy :)
amitga
03-27 10:23 PM
I think its a typo and you should contact USCIS through your lawyer and get this problem corrected to avoid any problems later.
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krishnam70
05-05 04:37 PM
No reason to deny your 7th year H1 extension based on the fact that it is for a different role. It DOESNT have to be "same or similar" for this case.
But the "same or similar" comes into picture for your 485 approval. Well........ at that time ... if the original LC position is still available for you permanently, no issues.
What happens to the GC petition? I guess that is probably also Amit's concern in the long term
- cheers
kris
But the "same or similar" comes into picture for your 485 approval. Well........ at that time ... if the original LC position is still available for you permanently, no issues.
What happens to the GC petition? I guess that is probably also Amit's concern in the long term
- cheers
kris
more...
immi_seeker
09-27 02:46 PM
I received my FP notice. My Lawyer also received my FP notice which he mailed it to me. Now I have two copies. Which copy should I carry for my FP appointment? Does it matter?
TIA
Doesnt matter which copy you bring. Attend the FP that is important. They will stamp your notice and sign it. Keep that copy for your records
TIA
Doesnt matter which copy you bring. Attend the FP that is important. They will stamp your notice and sign it. Keep that copy for your records
HRPRO
02-10 09:31 AM
Do you have a legal reference for the > 50 miles rule ? In my case it is just 10 miles (moved from one town to next town). So I guess I am fine ?
Krish,
it is not all black and white, if your previous LCA covers the new work location, you should be fine, else a new LCA is required.
HRPRO
Krish,
it is not all black and white, if your previous LCA covers the new work location, you should be fine, else a new LCA is required.
HRPRO
more...
ajz3
12-06 12:14 PM
Filed for i140 on march 27th. Upgarded to premium processing on nov 15th. Today is dec 6th and nothing. The reason I filed for i140 thinking, if they have started this process and people are filing, that means the ones who are in regular are going to get pushed behind ever more. But I havent received any reply yet. Will let you'll know when something happens. I check my email atleast 20 times a day hopeing for a reply. GOOD LUCK :)
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Steve Mitchell
January 3rd, 2005, 01:06 PM
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Cyber-shot DSC-W1 Silver Digital Camera (Sony) (http://www.dphoto.us/news/node/add/blog?iid=34590)
Ultra Zoom C-765 Digital Camera (Olympus) (http://www.dphoto.us/news/node/add/blog?iid=34414)
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D70 SLR Digital Camera (Nikon) (http://www.dphoto.us/news/node/add/blog?iid=972)
Cybershot DSC-T1 Digital Camera (Sony) (http://www.dphoto.us/news/node/add/blog?iid=703)
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