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  • ngopikrishnan
    04-06 08:09 AM
    sunil68: FYI, my company used the A# from I-140 approval on Form I-129 and that's what was quoted in the H1B approval notice.

    Following are some references. Unfortunately I couldn't find the cover letter my company had sent to the USCIS. However I do remember it was a simple cover letter refering to all of the following and attached the print outs of Pearson and Aytes memos. Hope this helps.

    3 Year Extension Statute under AC21 �104(c)
    �104(c) One-Time Protection Under Per Country Ceiling.

    Nothwithstanding section 214(g)(4) of the Immigration and Nationality Act (8 USC 1184(g)(4)), any alien who–

    1. is the beneficiary of a petition filed under section 204(a) of that Act for a preference status under paragraph (1), (2), or (3) of section 203(b) of that Act; and

    2. is eligible to be granted that status but for application of the per country limitation applicable to immigrants under those paragraphs may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien’s application for adjustment of status has been processed and a decision is made theron.

    may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien’s application for adjustment of status has been processed and a decision is made theron.

    USCIS Guidance Memo - AC21 �104(c) - from Pearson Memo, June 19, 2001:

    The AC21 104(c) enables H-1B nonimmigrants with approved I-140 petitions who are unable to adjust status because of per-country limits to be eligible to extend their H-1B nonimmigrant status until their application for adjustment of status has been adjudicated. An H-1B nonimmigrant is eligible for this benefit even if he or she has exhausted the maximum 6-year period of authorized stay for H-1B nonimmigrants under 8 U.S.C. 1184(g)(4), INA 214(g)(4). The statute states that the beneficiary must:

    (a) have a petition filed on his or her behalf for a preference status under INA 203(b)(1), (2), or (3) (an employment based (”EB”) petition); and (b) be eligible to be granted that status except for the per-country limitations.

    Any H-1B nonimmigrant who meets the statutory requirements above may be approved as the beneficiary of a request for an extension of H-1B nonimmigrant status until a decision is made on the nonimmigrant’s application for adjustment of status.

    1. Procedure for processing “one-time protection” benefits

    In order for a nonimmigrant to obtain an extension of H-1B nonimmigrant status under AC21 104(c), a petitioner must file a Form I- 129, Petition for Nonimmigrant Worker, with the appropriate signature, fees, and supporting documentation on behalf of the nonimmigrant. Existing guidelines in the instructions to the Form I-129W, “H-1B Data Collection and Filing Fee Exemption” for payment of the $1,000 H-1B Nonimmigrant Petitioner Account Fee shall be followed. For example, if the petitioner is a nonprofit research organization or the petition is a second or subsequent request for extension of stay filed by that petitioner on behalf of that beneficiary, the petitioner is exempt from payment of the $1,000 H-1B Nonimmigrant Petitioner Account Fee. If the petition and request for extension of stay are otherwise approvable, adjudicating officers shall not deny a petition because the nonimmigrant has exhausted the maximum 6-year limit provided for by INA 214(g)(4). Extensions of stay under AC21 104(c) shall be made in increments of three years.

    The status of a dependent of an H-1B nonimmigrant is derivative of and linked to the status of the principal H-1B nonimmigrant. Therefore, dependents are eligible for H-4 status upon the filing of an H-1B petition on behalf of the principal alien and the filing of a Form I-539, Application to Extend/Change Nonimmigrant Status with filing fee and all necessary supporting documentation for the dependent. Dependents should be advised to file the Form I-539 concurrently, whenever possible, with the H-1B petition filed on behalf of the principal H-1B nonimmigrant.

    Aytes memo - Dec 27, 2005 and refer to the questions in section 3 on page 7.

    III. Q & A ON PROCESSING OF H-1B PETITIONS UNDER THE “ONE-TIME PROTECTION UNDER PER COUNTRY CEILING” PROVISION OF �104(C) ALLOWING EXTENSION PAST THE H-1B 6-YEAR LIMIT

    Question 1. Must an alien be the beneficiary of an approved I-140 petition in order to qualify for extension of H-1B status beyond the 6-year limit based on �104(c) of AC21?
    Answer: Yes. Consistent with prior USCIS guidance on this subject, an approved I-140 petition is required in order for an alien to qualify for an extension of H-1B status beyond the 6-year limit under � 104(c).

    Question 2. If an alien qualifies for an extension past the H-1B 6-year limit under �104(c), may an extension be granted for a period of up to three years?
    Answer: Yes, provided all other H-1B statutory and regulatory requirements are met (e.g., the petition must request three years, and include a Labor Condition Application covering such period).

    Question 3. If an alien qualifies for an extension past the H-1B 6-year limit under �104(c), may more than one extension be granted?
    Answer: Yes. USCIS recognizes that in some cases, because of per country visa limitations, it may take more than three years for the alien to be eligible to adjust. Thus, despite the reference to a “onetime protection” a qualifying alien may be granted more than one extension under this provision.

    P.S.

    1) Pearson memo: http://www.murthaimmigration.com/wp-content/uploads/2007/09/ac21_pearsonmemo_06192001.pdf

    2) Aytes memo: http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

    Please take the above info with a grain of salt and consult your lawyer!!!





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  • krishnam70
    07-05 11:45 AM
    Not a word said about this I485 fiasco on the two mostly watched networks (CNN, ABC). Why can't we try to get their attention in this matter. Please suggest ways of getting this published in the above networks.

    I sent emails to CNN, ABC. NBC, FOX and know of atleast 2 more people who have done so. They are busy covering what Paris did in jail and why bush let libby out ..





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  • kkt_tkk
    10-09 01:31 PM
    Hi,

    My wife's EAD card returned back and message showing , card returned by Postal, undeliverable and need response by 180 days with update the address, yesterday's message.

    Actually she got her FP and EAD notice receipt number to the same address, but card returned back.

    But in this case I saw 20days back, card production ordered and sent the notice. And I am waiting for the card to be delivered and 30days to wait to ask customer service.

    Request:

    Can you please let me know , how to reach customer service representative with options type?.





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  • sandy_anand
    02-28 08:31 PM
    So are scotland, wales considered dependencies? Kashmiris can get passport from Pakistan if they want. Who would give passports to Hyderabadis?

    Goa and Pondicherry are states now.

    It is difficult without knowing the meaning of dependencies and how it is defined.

    Pondicherry is still a Union Territory.



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  • indyanguy
    03-27 01:25 PM
    Can you elaborate on how the franchise thing works with respect to the investment required, the challenges in running one of these and the potential in financial returns?

    Just curious to know (and am sure a lot of other people are as well)





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  • green_card
    09-24 09:00 PM
    his question was will bad credit affect GC? answer is "no it wont"
    please dont suddenly become "Edward Jones" or "Suze orman" and give financial advice because you may be doing bettter than the person asking the question. God forbid, but one major illness can wipe out anyone's good credit, even with insurance. watch "Sicko" and "Maxed Out". Eye-opening documentaries about the predatory greed of the insurance and financial firms. Dont be so smug. kidding about other people's misfortune isnt funny.


    Bad credit history will haunt you even after you get your green card :D (if you intend to take a loan for a substantially large investment - like a house)

    Think about it... if they don't give you gc based on your credit goof-ups... who's loss is it :D j/k



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  • irukandji
    04-03 09:52 AM
    KPR,
    From my understanding you got your H1B approved(for 3 yrs) beyond 6 yrs even though 140 is once approved and later revoked. But I heard from my lawyers that once 140 is revoked/withdrawn its not possible for H1b extension beyond 6 yrs. Could you please let me know what details you attested for the RFE to convince USCIS? I am also in a kind of similar boat.

    Thanks,
    Vijay





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  • looneytunezez
    09-16 03:01 PM
    I knew it was gonna happen, first it was horses, now its health....:(

    "
    <b>Health Care First Or Last</b>

    Sen. Schumer, the Chair of the Senate Immigration Subcommittee, has cancelled his earlier Labor Day deadline for the first draft of the CIR bill. What is even more worrisome, he has not given any target date, and some speculate that his next target date is Easter 2010. If this is true, Mr. Schumer may as well declare that those waiting for immigration relief can forget it � for this Congress and for many more to come. "

    Here is the link to the article: ILW.COM - immigration news: Immigration Daily September 17, 2009 (http://www.ilw.com/immigdaily/digest/2009,0917.shtm)



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  • manishcp
    01-08 12:06 PM
    I have a photo copy of courtesy copy, Would it be ok for AC21?





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  • Blog Feeds
    03-22 12:20 PM
    AILA Leadership Has Just Posted the Following:






    http://4.bp.blogspot.com/_QZpVppv4FTs/S6dHB1rzDcI/AAAAAAAAAFo/qrwzbl0Md3Q/s320/2010-03-22+Statue+of+Liberty.jpg (http://4.bp.blogspot.com/_QZpVppv4FTs/S6dHB1rzDcI/AAAAAAAAAFo/qrwzbl0Md3Q/s1600-h/2010-03-22+Statue+of+Liberty.jpg)
    "We pushed back on the undue influence of special interests," President Obama said. "We didn't give in to mistrust or to cynicism or to fear. Instead, we proved that we are still a people capable of doing big things."

    The President was talking about the historic healthcare overhaul that passed the House 219-212 last night and is now headed to his desk for signature. Let's hope his statement foreshadows what he will say about immigration reform in the months to come. The healthcare battle demonstrated the fight for immigration reform will be tough. But we knew that. Now, at least, we know that an immigration overhaul is possible.

    It was symbolic that Sunday's immigration reform rally in Washington, which according to reports was tens of thousands strong, was overshadowed by the drama that played out in the Congress over the healthcare bill. Since the Administration took office in 2009, immigration reform has played second fiddle to the overhaul of the healthcare system. But now that healthcare reform has become a reality, it is time for the Administration and Congress to get to the hard work of overhauling our badly broken immigration system.

    The dysfunctional immigration system is a cancer that whittles away at the very fabric of our cherished democratic values every day it continues to fester. Each time an outstanding scientist, innovative business investor, or creative professional is turned away from our country because of inadequate visa numbers or restrictionist agency enforcement America's competitive edge is further weakened. Our nation's ability to compete in a global economy demands transnational employment. Each immigrant that is locked up due to draconian mandatory detention laws, without so much as the right to see a judge, demonstrates that the rights of all Americans are threatened by bad immigration laws. Each undocumented child who is denied a higher education or a chance to serve our country is evidence that the broken immigration system has transformed the American Dream into a nightmare for some of America's most promising children.

    Senators Graham and Schumer began to put pen to paper last week by laying out a four pillared framework for immigration reform: ending illegal employment through biometric Social Security cards, enhancing border and interior enforcement, managing the flow of future immigration to correspond to economic realities, and creating a tough but fair path toward legalization for the 11 million people currently in the U.S. without authorization. While I have serious questions about a couple of the proposals�the biometric Social Security card raises important privacy concerns for example�I am encouraged that with the passage of healthcare reform immigration will now move to the front burner. Hopefully, Senators Graham and Schumer (and President Obama) took a few minutes Sunday morning to read Tom Friedman's excellent piece in the New York Times about a dinner he attended last week for the finalists of the 2010 Intel Science Talent Search, which, through a national contest, identifies and honors the top math and science high school students in America. http://nyti.ms/aCHxIj. As Friedman writes, most finalists were from immigrant families:


    Indeed, if you need any more convincing about the virtues of immigration, just come to the Intel science finals. I am a pro-immigration fanatic. I think keeping a constant flow of legal immigrants into our country � whether they wear blue collars or lab coats � is the key to keeping us ahead of China. Because when you mix all of these energetic, high-aspiring people with a democratic system and free markets, magic happens. If we hope to keep that magic, we need immigration reform that guarantees that we will always attract and retain, in an orderly fashion, the world's first-round aspirational and intellectual draft choices.


    This isn't complicated. In today's wired world, the most important economic competition is no longer between countries or companies. The most important economic competition is actually between you and your own imagination. Because what your kids imagine, they can now act on farther, faster, cheaper than ever before � as individuals. Today, just about everything is becoming a commodity, except imagination, except the ability to spark new ideas.


    If I just have the spark of an idea now, I can get a designer in Taiwan to design it. I can get a factory in China to produce a prototype. I can get a factory in Vietnam to mass manufacture it. I can use Amazon.com to handle fulfillment. I can use freelancer.com to find someone to do my logo and manage by backroom. And I can do all this at incredibly low prices. The one thing that is not a commodity and never will be is that spark of an idea. And this Intel dinner was all about our best sparklers.


    Before the dinner started, each contestant stood by a storyboard explaining their specific project. Namrata Anand, a 17-year-old from the Harker School in California, patiently explained to me her research, which used spectral analysis and other data to expose information about the chemical enrichment history of "Andromeda Galaxy." I did not understand a word she said, but I sure caught the gleam in her eye.


    My favorite chat, though, was with Amanda Alonzo, a 30-year-old biology teacher at Lynbrook High School in San Jose, Calif. She had taught two of the finalists. When I asked her the secret, she said it was the resources provided by her school, extremely "supportive parents" and a grant from Intel that let her spend part of each day inspiring and preparing students to enter this contest. Then she told me this: Local San Jose realtors are running ads in newspapers in China and India telling potential immigrants to "buy a home" in her Lynbrook school district because it produced "two Intel science winners."


    Seriously, ESPN or MTV should broadcast the Intel finals live. All of the 40 finalist are introduced, with little stories about their lives and aspirations. Then the winners of the nine best projects are announced. And finally, with great drama, the overall winner of the $100,000 award for the best project of the 40 is identified. This year it was Erika Alden DeBenedictis of New Mexico for developing a software navigation system that would enable spacecraft to more efficiently "travel through the solar system." After her name was called, she was swarmed by her fellow competitor-geeks.


    Gotta say, it was the most inspiring evening I've had in D.C. in 20 years. It left me thinking, "If we can just get a few things right � immigration, education standards, bandwidth, fiscal policy � maybe we'll be O.K." It left me feeling that maybe Alice Wei Zhao of North High School in Sheboygan, Wis., chosen by her fellow finalists to be their spokeswoman, was right when she told the audience: "Don't sweat about the problems our generation will have to deal with. Believe me, our future is in good hands."


    As long as we don't shut our doors.
    https://blogger.googleusercontent.com/tracker/186823568153827945-5206373315089430786?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2010/03/is-immigration-reform-next_22.html)



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  • chantu
    07-14 04:46 PM
    Moved residence couple of weeks back. Changed address online for my 485 case and added for spouse and child as weel?
    Is it ok to continue and add spouse and child cases for address change along with my case or do i need to start from scratch with their A numbers? Any idea.

    It should be new procedure for each person.





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  • srikondoji
    08-07 04:41 PM
    Location: MA
    Job: Software Engineer-Developer

    Okay that is so vague. Wages depend on the location of job, type of job, etc.



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  • sandy_anand
    10-04 01:30 PM
    It was not supposed to be shown to Indians on IV

    Did you not read on the page
    [������ݴ���]EB3C����ֲ���DemandData(AoS&CP) - δ��ռ�(mitbbs.com) (http://www.mitbbs.com/article_t2/EB23/31236411.html)
    BTW: Please do not let Indian know it :-)

    Traitor.

    I hope you were just kidding about the "traitor" comment :-)





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  • pagalForGC
    06-17 03:54 PM
    Thanks Veni001. Yes, I did file for AC-21 when I changed my employer. Are there chances of my old I-140 cancelling even after fillinf for AC-21?

    Thanks...

    As far as i know H1-B is not a requirement, but having it provide you fall back option. If you have not used AC21 and your old I-140 gets canceled( for any reason) before new I-140 approval, you will land in trouble.

    The employer has to prove that there is a EB-2( Master's/Bachelor +5 yrs) job available and he can not find a qualified US Citizen/Permanent Resident for that job to get new PERM approval. DOL checks PERM job requirements against their database, and most of the time software jobs with Job descriptions of Master's or Bachelor +5 yrs required gets audited by DOL so we can not really predict how long does it take to get PERM approval.

    After PERM a second audit on job requirement comes from the USCIS at I-140, once these two hurdles passed you need to send a ltr to USCIS to port I-485 category and date.

    Based on the posts on this forum, if no audits, PERM is getting approved in about 8 months and I-140 in about 6 months.



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  • hur11
    01-22 08:48 PM
    Thanks you very much. Anyways it going to take atleast a year for these to go get over if at all. And if by any chance if its made current when both are done, wishful thinking but being optimistic is better than nothing.





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  • eb3retro
    04-09 01:27 PM
    hassan,

    If I were you I would keep the AP also in hand, just in case, you know to be on the safe side. we spend so much money in this freakin GC journey, may be AP is worth it, cos, you dont want issues after spending 24 hours of travelling of facing this crap in the POE.



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  • senk1s
    08-17 08:53 AM
    my case was similar, i had to produce the form for tetanus shot from ER... but dont know if the Dr enclosed that in the sealed envelope





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  • milind70
    07-26 09:45 AM
    Just noticed that my lawyer has attached marriage certificate of my co-worker in the dependendent's petition. I am waiting for the receipt.

    What are the impacts of this mistake? To compound the issue, my wife is flying out next week for a month to India.

    Gurus any answers on this is deeply appreciated.

    I am pretty sure there could be an RFE or explanation for such kinds of goof ups . I am also sure such goof ups by attorneys are not the first time USCIS must have expierienced ,so they will understand. High volume filings can lead to errors/mistakes





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  • OLDMONK
    07-18 10:01 PM
    Thanks for great services..

    My situation is as under : " My case is in removal proceedings for violating H1b status for 3 months due to laid off situation, i am working on H1b now and my labor is approved and I-140 is pending, now my priority date is become current for I-485 filing", now who will adjudicate my case, INS or EOIR court, where will i file my I-485.

    will court close my removal proceedings based on PD current..

    i will really really apprecate your help.

    Dont want to futher your suffering but you are hosed. I have a consultant working in our office with a similar situation and he is planning Canada.

    I dont think this board has a solution for you. But a real good immigration attorney may do something (and that does not necessarily mean Murthy Or Khanna). Remember you still have a chance until you are in US. Legal or whatever, just run and scan every out you got.

    From my common sense understanding the court won't do what you wish.





    anilsal
    11-22 10:04 AM
    have a US visa stamped and has not expired, they will not let you board a plane to UK.

    If you have GC, then there is no need for transit visa. If you are on AP, then you will need transit visa.

    I think in the 50s and 60s, an Indian passport holder could enter the UK based on holding a commonwealth passport. Wonder why that policy changed? ;)





    mhathi
    04-15 11:59 AM
    I had the same problem.

    You can always paper file. That will solve the issue. If you want to E-file, here's how I did it with Trubotax:

    put '0' for wife's AGI and e-file.
    IRS will respond saying that last year's AGI and ur answer does not match. You have to send in form 8453-OL to sign your return. This means that your return is conditionally accepted, but you MUST mail the signature form for it to be complete.

    (turbotax will provide you the form). Print it out, fill it and sign (you and spouse) and send it in.

    Thats it!




     

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