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Gurus-
How CIS is going to address EAD/AP renewal as they have issued it for a 1 yr? Is it going to be a automatic renewal as most likely visa's are not to be available and CIS had issued the EAD/AP for 1 yr instead of 2 yr? or Do we need to initiate the process?
Please share the documents required for the renewal.
It is not automatic. You will have to apply for renewal yourself.
Quote:
Originally Posted by yank
Hi Folks,
I don't see any soft/hard LUD update since the 485 receipt notice date.
Its been almost 5 months now.
Can I assume that my dependents and I have been pre adjudicated ?
If so, this gives us peace of mind. I will be traveling in couple of weeks and I am worried of an RFE during my trip overseas (Will be returning back after 7 weeks).
Please share your thoughts!!!
Same here but I would say that is a very big assumption to make! We could be wrong :-) Ideally there should be a status called 'Pre-Adj' but..
Quote:
Originally Posted by Pundit Arjun
Has the status changed for any of the Feb filers' from 'Acceptance' to anything else?
Quote:
Originally Posted by usernameisnotvalid
Has anyone already invoked/planning to invoke AC21? Is it mandatory to let USCIS know about the move? Also job duties on PERM and EVL from new employer (do they need to match?) or as long as job code matches we are good?
Sun, I have same question, planning to switch shortly on EAD. How do you find out the job code ? How do we make sure we are same/similar occupation compliant ?
Thoughts ..
Quote:
Originally Posted by suninphx
If you know the PERM case number you can find out the code under which your case was filed. There are some sites which give you the details ( except the job duties). May be try this site http://www.visasquare.com
Alternatively you can download the corresponding years data from DOL website and search for your case number.
Sun, I have copy of my perm and SOC code reads like "15-1031.00". My question is - how do we make sure new job offer falls in same/similar occupation... there would be many of us who would have changed jobs after 180 days. How do we make sure new job offer falls in same/similar occupation ?
Quote:
Originally Posted by suninphx
Ok. My understanding would be attorney should be able to guide us. Lets wait to hear from people who already have taken this path. BTW here is some interesting post from trackitt:Quote:
Originally Posted by longgcque
http://www.trackitt.com/usa-discussi...page/last_page
Guys I have general questions about RFE and sorry if they have been already answered back, but I didnt see any.
I applied I485 (EB2 India) in Jan 2012. I only got EAD/AP and AOS is pending. I got RFE in May2012. I have replied to RFE and its been 45 days and status shows 'Request for Evidence Response Review'
-Since now PD is Unavailable, is there any chance they would work/look on my RFE application until PD becomes current again ?How would I know if RFE was good enough?
-If my application become pre-adjudicated, How wuld I know? What could status change to online once RFE has been approved/cleared and I485 awaits avaialibity of visa number?
-Is there any possibility visa number was assigned to my case early in feb/march or any way to know that? Or is visa number only given when RFE is cleared and case pre-adjudicated.
If I use AC21,is it same now as would have been without RFE?
In RFE, They asked me about Employment verification letter. Wud that mean they wuld unlikely ask another one now in case of AC21 RFE if any?
There is a RFE thread but I'll answer your questions here.
Quote:
Originally Posted by harapatta2012
Thanks Vizcard.Quote:
Originally Posted by vizcard
--I thought that if RFE has been reviewed over 60 days, there should be possibility to check status. Like the Service request or calling L2 officer etc...
--I was not sure about the online status if it will remain ' RFE review' and not chnage to something more like ' Decision' or ' pre-adjudicated' etc...
--Also since I did not hear anything since after sending RFE, 50 days, I guess I should not get another RFE on what I had sent.
Sorry to post here
Currently my job title is Software Engineer
In my labor alternate position is : Software Developer
1. Can I accept Sr software developer position in the new company. There are Software developer I and Software developer II positions before Sr Software Developer in my new company.
Job duities for Sr will match with my current description. Will there be any problem in taking Sr position?
2. And also my attorney suggesting to renew my H1 too. Will there be any complications joining with EAD?
No problem with accepting the job. The actual title doesn't matter as long as the job description is the same.Quote:
Originally Posted by eb2visa
If you change jobs with EAD, you don't need H1B .. so why are you extending it? If you extend your H1B, then you can join the new company and transfer your H1 and still use the AC21 rule for your GC process.
You need to decide whether you want to use H1 or EAD as your basis for the new job. See the article below for EAD vs H1 decision making
http://www.immihelp.com/greencard/ad.../eadap-hl.html
Not sure if AC21 is applicable if you join new employer by transferring H1. AFAIK when you are with sponsoring employer then only you have option of EAD or H1.Quote:
Originally Posted by vizcard
Friends, My PD in Apr 2008 - EB2I. I'm also considering a job change using AC21 as I have approached my 180 day deadline. Labor is with SE title, current title is Sr. SE and new title is Principal SE - though in same industry so hopefully should be able to convince about same/similar job description. Salary different is expected to be large compared to labor.Quote:
Originally Posted by suninphx
Will this be an issue to move on EAD or should I pursue for H1 extension (mostly unlikely as it can kill the deal)? FYI - I am also planning to consult an attorney as many people have warned me against using AC21 (not sure why).
- mohan
AC21 is related to the Adjustment of Status process. Consider a situation where someone didn't apply for EAD when applying for 485. They can still work on H1B and can still avail of AC21.Quote:
Originally Posted by suninphx
Ofcourse, I'm not a lawyer. I'm just applying my limited knowledge and common sense. That being said, common sense doesn't necessarily apply to immigration.
Using EAD is not an issue at all. I'm curious to know why ppl have warned against using AC21. Please keep the board posted based on what you find out.Quote:
Originally Posted by makmohan
May be you are right. I will read more.Quote:
Originally Posted by vizcard
Thanks Viz. It can be out of one of those "my friend's story" rumors and many of them are from consulting world. All my jobs are so-called full-time so probably scenario can be different. I will keep the group posted.Quote:
Originally Posted by vizcard
Couple of things I came to know:
1. If you still have some time left in you 6 year H1, and if you change to EAD and if something happens, you can apply for new H1 with a new client. But this will be considered as a new H1 and not transfer. Because of this candidate should leave the country and go for stamping. opt to use the balance of the six years remaining from her/his previous period in H1B status and not be counted against the annual capopt to use the balance of the six years remaining from her/his previous period in H1B status and not be counted against the annual cap
2. If one has H1 and transfer the H1 to new client and use AC21, Even though the 485 rejected, one can still be in US and can continue to work and can reapply for GC.
Having said this, the situation is H1 is ending this month and 180 days after 485 applied will be next month end. Is it possible to go to new company using AC21 and can one still get the H1 with the new client starting Sept?
I know its a complex scenario, but any thoughts appreciated.
Ofcourse, I'm not a lawyer. I'm just applying my limited knowledge and common sense. That being said, common sense doesn't necessarily apply to immigration.Quote:
Originally Posted by vizcard
You should check to see if you can change jobs while a H1 extension is pending. Based on the timeline, it seems like you will have a H1B receipt notice. I'm not sure if Premium processing is an option anymore but you can look in to that as well to extend your H1B. But theoretically, if you apply for an extension (based on approved I140), you are eligible for a 3 yr extension. Now if you can change jobs while your extension is pending then you are all set.Quote:
Originally Posted by eb2visa
Rough timeline
July-end/early August - apply for H1 extension
By end- August - get H1 extension receipt notice
Sept - 180 day clock ends
Sept/Oct - Change jobs/ transfer pending H1B
I don't know about applying for H1 after you start working at the new job. The company might not be willing to do it considering you joined with an EAD.
Vizcard,
Great reply, I appreciate it a lot.
I think my new company is willing to do my H1 after joining on EAD. The main question is, is it possible to apply for H1 after joining on EAD in Sept and after H1 got expired end of this month? I will check with my new company's attorney and will sure post the findings.
Once more thank you very much vizcard.
Quote:
Originally Posted by vizcard
Happy to help. Even if you cannot apply for a new H1, discuss the approach I laid out with the lawyer to see if it makes sense.Quote:
Originally Posted by eb2visa
PS: I will move all these posts to the 485 thread.