rakesh_one
03-07 11:47 AM
Guys....like everyone else I have been doing exhaustive research on this subject for last month or so.....I have resigned this week from my job and have decided to use AC21...... following are answers to some of your questions...
New Employer support - There is no need for the new employer to support the GC process.....After you file 485, the process is yours as an individual and not of any employer....All you are saying is that my I-140 was once approved with some employer and USCIS took forever (read more than 180 days) to give me my green card......so as long as your job is in the same profession (read occupational classification) you are okay....so NO, the new employer does not need to support the process....all they have to say in the employement verification letter is that we intend to hire this person on permenant basis after getting his Green Card...... Please read Yates Memo of 2005 and it will tell you all there is to know about AC21.....
Lawyer Support and Expenses------- I can imagine lawyers trying to make whatever case for asking whatever ammount of money for AC21 as that is a new business area for them?----- I do not think you need a lawyer for this.....there are plenty of letters on the net that show the template....also, if you are sure your employer is not going to revoke the I-140 then you are not even required to send the letter untill if and when USCIS asks for employement verification letter.....
As per charges from RK and Murthy...
Rajiv Khanna - $3000 for primary +$1000 per dependent
Murthy - $2000....
I have done some exhaustive research on this AC21 crap and have decided to change the employment......
You are wrong. New Employer has to support GC.
Since GC is for future employment, there should be an employer willing to hire you on the day 1 you got your GC. AC 21 helps you to transfer the burdon from one employer to other. In most cases, by providing an employement letter for a permanent job in the same or similar job, it is kind of implied that the new employer has assumed that burdon without themselves knowing it. It would help your case, if the new employer explicitly say that they acknowledge your pending 485 and would assure USCIS that they have a job up on approval 485.
New Employer support - There is no need for the new employer to support the GC process.....After you file 485, the process is yours as an individual and not of any employer....All you are saying is that my I-140 was once approved with some employer and USCIS took forever (read more than 180 days) to give me my green card......so as long as your job is in the same profession (read occupational classification) you are okay....so NO, the new employer does not need to support the process....all they have to say in the employement verification letter is that we intend to hire this person on permenant basis after getting his Green Card...... Please read Yates Memo of 2005 and it will tell you all there is to know about AC21.....
Lawyer Support and Expenses------- I can imagine lawyers trying to make whatever case for asking whatever ammount of money for AC21 as that is a new business area for them?----- I do not think you need a lawyer for this.....there are plenty of letters on the net that show the template....also, if you are sure your employer is not going to revoke the I-140 then you are not even required to send the letter untill if and when USCIS asks for employement verification letter.....
As per charges from RK and Murthy...
Rajiv Khanna - $3000 for primary +$1000 per dependent
Murthy - $2000....
I have done some exhaustive research on this AC21 crap and have decided to change the employment......
You are wrong. New Employer has to support GC.
Since GC is for future employment, there should be an employer willing to hire you on the day 1 you got your GC. AC 21 helps you to transfer the burdon from one employer to other. In most cases, by providing an employement letter for a permanent job in the same or similar job, it is kind of implied that the new employer has assumed that burdon without themselves knowing it. It would help your case, if the new employer explicitly say that they acknowledge your pending 485 and would assure USCIS that they have a job up on approval 485.
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vine93
11-12 02:36 PM
Vin13
Thanks for nice draft. I can take initiatives at my state.
Thanks for nice draft. I can take initiatives at my state.
gimme_GC2006
07-15 11:09 AM
wow this interesting so they are looking at cases which are current for August ...:)...
did you change your address recently ??
When did you get The Call.
Thanks
No changes in my status..not even phone company. :D
It is not the first time we got call..our case have been moved to Local office sometime in 2008..since then we got calls few times..asking for this document..that document..verification..saying we are consolidating etc etc...
Looks like they are doing something with cases for sure :cool:
did you change your address recently ??
When did you get The Call.
Thanks
No changes in my status..not even phone company. :D
It is not the first time we got call..our case have been moved to Local office sometime in 2008..since then we got calls few times..asking for this document..that document..verification..saying we are consolidating etc etc...
Looks like they are doing something with cases for sure :cool:
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suriajay12
02-19 07:21 AM
And who do you think is going to process the paperwork for illegals? ... guess again, the same agency that is processing for Legal would-be-could-be immigrants. So how is it not going to increase processing time which would ultimately result in further delay?
Moreover, it doesn't matter wether their is delay or not. Simply, putting illegals in front of legals is ethically, morally and legally wrong!!
There is a difference.. In this case (>5 years), it will also include clauses or something that will not jeopardize your status. Compare requirements we have to meet in different stages and in this case. In LC, 140... you are at the mercy of many agencies, including mood of the officier who looks at your case, economic conditions, your employer, etc etc.. endless list . In this case you are just dependent upon yourself and if you can prove you were in the US for >5 years in whatever ways you can, then you are good. I know some who dont meet this 5 years may be disappointed, but they must find a way to include themselves if they can make sense. But not just cut the line.
To prove >5 year legally in US is fully on you.. which is VERY good. Support it.
Moreover, it doesn't matter wether their is delay or not. Simply, putting illegals in front of legals is ethically, morally and legally wrong!!
There is a difference.. In this case (>5 years), it will also include clauses or something that will not jeopardize your status. Compare requirements we have to meet in different stages and in this case. In LC, 140... you are at the mercy of many agencies, including mood of the officier who looks at your case, economic conditions, your employer, etc etc.. endless list . In this case you are just dependent upon yourself and if you can prove you were in the US for >5 years in whatever ways you can, then you are good. I know some who dont meet this 5 years may be disappointed, but they must find a way to include themselves if they can make sense. But not just cut the line.
To prove >5 year legally in US is fully on you.. which is VERY good. Support it.
more...
ItIsNotFunny
03-10 04:04 PM
We keep doing feasibility discussions within the team and with our advisors before launching a campaign. We did work on some in your list above + more last year and got a couple of successes in return. Admin fix for 2 year EAD, visa recapture bill introduction are some.
I feel some admin fixes can be possible at this time and some advocacy effort with USCIS can help us get more efficient service. FOIA campaign is a step in that direction. Please support it to make it successful so that we have resources and participation to move forward.
I think we should take visa re-capture as high priority once we clear FOIA issue. Whats your opinion?
I feel some admin fixes can be possible at this time and some advocacy effort with USCIS can help us get more efficient service. FOIA campaign is a step in that direction. Please support it to make it successful so that we have resources and participation to move forward.
I think we should take visa re-capture as high priority once we clear FOIA issue. Whats your opinion?
ambals03
06-10 04:39 PM
Done and forwarded to 10 friends.
more...
imconfused
07-09 04:16 PM
I am yet to see any legal basis in the case which states that DoS has to give notice of x days before changing the visa bulletin. All it says that they have "policy" of visa bulletin good for a month. Such policies, unless backed by legal basis, are not enforceable.
__________________
Not a legal advice.
legally speakn, there is a commonly term used "bad faith".. this is where DOS/USCIS falls in right now. Read the document, the y did not break any law, what they did was in "Bad Faith" ,. Cant make it clearer than this...
__________________
Not a legal advice.
legally speakn, there is a commonly term used "bad faith".. this is where DOS/USCIS falls in right now. Read the document, the y did not break any law, what they did was in "Bad Faith" ,. Cant make it clearer than this...
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BharatPremi
03-17 02:30 PM
Thanks
What I am saying is spill over from ROW goes to EB2 first. It does not split to EB2 and EB3 evenly. So more people from EB2 gets visa granted and thus people who joined EB2 bandwagon from EB3 and had earlier PD, they get Visa quickly. Now generally this spillover does not go to EB3 from EB2 having high demand from EB2 and thus EB3 get stuck with conventional numbers with 7% country limit and thus EB3 numbers move slowly. But if that spillover happens for both EB3 and 2 equally than EB3 can also move little bit quickly which is not the case. Thus shortening the queue by switching over to EB2 does not give full advantage to remained lot of EB3.
What I am saying is spill over from ROW goes to EB2 first. It does not split to EB2 and EB3 evenly. So more people from EB2 gets visa granted and thus people who joined EB2 bandwagon from EB3 and had earlier PD, they get Visa quickly. Now generally this spillover does not go to EB3 from EB2 having high demand from EB2 and thus EB3 get stuck with conventional numbers with 7% country limit and thus EB3 numbers move slowly. But if that spillover happens for both EB3 and 2 equally than EB3 can also move little bit quickly which is not the case. Thus shortening the queue by switching over to EB2 does not give full advantage to remained lot of EB3.
more...
ajthakur
07-14 06:54 PM
So whether you receive RFE, NOID depends on adjudicator instead of USCIS rules.
Yes. However, on the flip side, if the 140 withdrawel letter was dated within 180 days of 485 pending, your 485 will be denied no matter what RFE or NOID. Few good adjudicaters may send RFE in stead of NOID/direct denial.
Yes. However, on the flip side, if the 140 withdrawel letter was dated within 180 days of 485 pending, your 485 will be denied no matter what RFE or NOID. Few good adjudicaters may send RFE in stead of NOID/direct denial.
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ckichannagari
12-13 08:49 AM
That's a good idea. A good way of generating funds for IV also. This way it would seem less burden for all of the members and they will be willing to come forward.
more...
pappu
04-06 05:57 PM
right..ok..today at work I heard from my colleague that his friend was sent back from airport
My colleague's friend's story.
Went to india for 3 weeks vacation..at POE, officer called his employer and asked "do you need him(a H1B) to work for this position? Cant you find any US Citizen?".
Apparently, the response from employer ( I think Desi consulting)is, "Yes..we dont need him..can find a USC"..
The poor guy is sent back.
Now, I asked my friend to inform his colleague to come forward and post his story at IV..but I doubt if he cares Rat's as** now that he is kicked out.
hmmm...I have a travel coming up in Nov/Dec...with all adventurous luck going on with me, I have other plans now :confused::confused:
Please send him this link
http://immigrationvoice.org/forum/showthread.php?t=24126&page=8
He needs to post it himself if he wants to come back and if the story is true.
We need real people talking about it first hand.
Until then let us stop talking about friend's cases because it causes unnecessary panic. These stories may not be true and just rumors.
My colleague's friend's story.
Went to india for 3 weeks vacation..at POE, officer called his employer and asked "do you need him(a H1B) to work for this position? Cant you find any US Citizen?".
Apparently, the response from employer ( I think Desi consulting)is, "Yes..we dont need him..can find a USC"..
The poor guy is sent back.
Now, I asked my friend to inform his colleague to come forward and post his story at IV..but I doubt if he cares Rat's as** now that he is kicked out.
hmmm...I have a travel coming up in Nov/Dec...with all adventurous luck going on with me, I have other plans now :confused::confused:
Please send him this link
http://immigrationvoice.org/forum/showthread.php?t=24126&page=8
He needs to post it himself if he wants to come back and if the story is true.
We need real people talking about it first hand.
Until then let us stop talking about friend's cases because it causes unnecessary panic. These stories may not be true and just rumors.
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gbarquero
09-11 04:38 PM
Once for all, let's get this thing over NOW!!!
LET'S GO TO DC NOW, OR WAIT FOREVER TO BE FREE!!!!!
LET'S GO TO DC NOW, OR WAIT FOREVER TO BE FREE!!!!!
more...
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rajeev_74
07-05 04:44 PM
Really shameful...we have a thick skin & a weak heart
Update: Thank you everyone who has contributed since July 2 when we announced the drive. Our total contributions from paypal and google are around $2,500 till now (despite having 15 k members). As you can understand this is hardly of any significance for even a small legal effort. A big lawsuit is out of question. Thus IV core will use it for IV activities to further pursue its advocacy efforts. IV encourages its members being a plaintiffs with AILF if they so desire. If you are an IV member and also a plaintiff, you can let us know for any guidance we can provide. IV will be coming up with more direction to its members soon. We will have some plan for everyone and will need participation from everyone. Please stay tuned.
Update: Thank you everyone who has contributed since July 2 when we announced the drive. Our total contributions from paypal and google are around $2,500 till now (despite having 15 k members). As you can understand this is hardly of any significance for even a small legal effort. A big lawsuit is out of question. Thus IV core will use it for IV activities to further pursue its advocacy efforts. IV encourages its members being a plaintiffs with AILF if they so desire. If you are an IV member and also a plaintiff, you can let us know for any guidance we can provide. IV will be coming up with more direction to its members soon. We will have some plan for everyone and will need participation from everyone. Please stay tuned.
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nitlsu
11-20 05:37 PM
Here's the correct link,
http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf
http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf
more...
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natrajs
06-06 03:40 PM
We got the "welcome" and "card production ordered" email for my wife and I today too. It was a long frustrating wait at times but I am glad its over for us now. Our best wishes to those that are still waiting.
No RFE at any stage, straight forward case, never called them for status or infopass. Took them about 4.5 years.
Here are our dates for those interested in tracking.
PD: Jan 29, 2004, EB2
Ohio labor approved - Oct 2004
45 day letter - Jan 2005
Labor approved from Dalla BEC - June 2006
I I140 regular, non concurrent approved - Sept 2006
I 485 sent to Nebraska - July 13 2007
EAD approved - Oct 2007
I485 approval email - June,06, 2008
Congrats and Best Wishes
No RFE at any stage, straight forward case, never called them for status or infopass. Took them about 4.5 years.
Here are our dates for those interested in tracking.
PD: Jan 29, 2004, EB2
Ohio labor approved - Oct 2004
45 day letter - Jan 2005
Labor approved from Dalla BEC - June 2006
I I140 regular, non concurrent approved - Sept 2006
I 485 sent to Nebraska - July 13 2007
EAD approved - Oct 2007
I485 approval email - June,06, 2008
Congrats and Best Wishes
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masaternyc
03-16 05:55 PM
Infinite_Patience_GC,
Most of these labor substitutes are sold/bought by these so called software consultancies(illegal dhanda) to so called software professionals and should be investigated and prosecuted to the full extent of law.
Most of these labor substitutes are sold/bought by these so called software consultancies(illegal dhanda) to so called software professionals and should be investigated and prosecuted to the full extent of law.
more...
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yasimk
06-20 05:26 PM
Hi,
I am planning to file EAD & AP on my own and separately from I-485.
Our company will incur the charge for processing I-485 for me and my spouse. But they won't incur the charge for filing EAD and AP. All the attorneys are charging hefty amount for filing EAD & AP. So I am thinking to file EAD & AP on my own and let company take care of my I-485.
So my questions are
1) Is it ok if I file EAD & AP separately from I-485?
Or should i wait till I-485 approval is received and then file EAD & AP.
The concern is because in #10 of I-765 form, there is a section that asks for Alien Registration Number (A-number) or I-94 Number.
2) Is it ok if the I-485 applications are sent by the company and EAD & AP are sent by me and both of these documents reach separately at INS?
Generally most of the applications will reach INS in one bundle. Because I am sure most of the applicants will file I-485/EAD/AP in one shot. But in my case, it will be 2 reaching INS in 2 separate bundles. So is it ok, in my case?
Please advise.
Regards
~~~~~Y
I am planning to file EAD & AP on my own and separately from I-485.
Our company will incur the charge for processing I-485 for me and my spouse. But they won't incur the charge for filing EAD and AP. All the attorneys are charging hefty amount for filing EAD & AP. So I am thinking to file EAD & AP on my own and let company take care of my I-485.
So my questions are
1) Is it ok if I file EAD & AP separately from I-485?
Or should i wait till I-485 approval is received and then file EAD & AP.
The concern is because in #10 of I-765 form, there is a section that asks for Alien Registration Number (A-number) or I-94 Number.
2) Is it ok if the I-485 applications are sent by the company and EAD & AP are sent by me and both of these documents reach separately at INS?
Generally most of the applications will reach INS in one bundle. Because I am sure most of the applicants will file I-485/EAD/AP in one shot. But in my case, it will be 2 reaching INS in 2 separate bundles. So is it ok, in my case?
Please advise.
Regards
~~~~~Y
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Openarms
08-11 03:20 PM
As far I am concerned they are one of the organizations that injected this EB2 vs EB3 allocation... at that movement they might have their own reasons... but it might change now... We kinda know where IV stands on this...
They do....
How come a person with EB2 category applied GC in 2006 doing the same thing that a EB3 person does who applied GC in 2002 gets their Green Cards approved?? Again not against any category...What in the world of kinda rationale is this is??
They do....
How come a person with EB2 category applied GC in 2006 doing the same thing that a EB3 person does who applied GC in 2002 gets their Green Cards approved?? Again not against any category...What in the world of kinda rationale is this is??
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Abhinaym
09-10 11:10 AM
I guess, getting 30 green dots is tougher than getting GC itself:D
Restricting chat access based on dots earned is probably the most idiotic thing IV has done. Folks who have contributed hundreds of dollars should be allowed access irrespective of posts or stupid dots.
Is that 30 dots or 30 points?
It should be possible to have 30 points without 20 dots. I'm not clear on that, please let me know if I'm wrong.
Restricting chat access based on dots earned is probably the most idiotic thing IV has done. Folks who have contributed hundreds of dollars should be allowed access irrespective of posts or stupid dots.
Is that 30 dots or 30 points?
It should be possible to have 30 points without 20 dots. I'm not clear on that, please let me know if I'm wrong.
desi3933
03-09 12:49 PM
by the way shusterman predicted ROW will retrogress in his blog found at shusterman.com there was also an IV post about this (abbout somethin like shusterman got a call from clinton or something)..........
so what happened to the quareterly spill over ???????????
spillover happens only when there are more EB based visas available than the number actually issued in the last quarter,
People who don't believe the slow movement should get reality check done.
so what happened to the quareterly spill over ???????????
spillover happens only when there are more EB based visas available than the number actually issued in the last quarter,
People who don't believe the slow movement should get reality check done.
bugsbunny
05-23 06:08 PM
I am not jealous of computer workers, I pity their life, their overall ignorance about things around and their unwarrented arrogance.
lol this is hilarious
Another thing you look down on....IT workers
Isn't your neck aching from looking down on so many people? :D hahaha
Slow down...i am loosing count of the number of things you look down on :D
lol this is hilarious
Another thing you look down on....IT workers
Isn't your neck aching from looking down on so many people? :D hahaha
Slow down...i am loosing count of the number of things you look down on :D
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