lazycis
12-18 07:19 PM
Thanks for explaining this clearly. 2 Questions:
1. If you use EAD and don't file AC21 and assume your I140 is revoked and USCIS wrongly denies I485 based on the I140 revocation, will you be on legal status while you fight the USCIS ?
2. If you do file for AC21 and switch jobs, if you happen to change jobs again, do you have to file for AC21 again? Does this need to happen everytime one switches jobs?
1. Yes, you are in legal status while the appeal is pending (assuming appeal is not without merit).
2. Yes, until you get a GC you may need to prove that your I-140 is still valid.
1. If you use EAD and don't file AC21 and assume your I140 is revoked and USCIS wrongly denies I485 based on the I140 revocation, will you be on legal status while you fight the USCIS ?
2. If you do file for AC21 and switch jobs, if you happen to change jobs again, do you have to file for AC21 again? Does this need to happen everytime one switches jobs?
1. Yes, you are in legal status while the appeal is pending (assuming appeal is not without merit).
2. Yes, until you get a GC you may need to prove that your I-140 is still valid.
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sats123
06-19 02:12 PM
I guess most of the folks here are busy preparing to apply for 485. I have different problem here.
My employer's attorney is charging me outrageous fees of around $5000 to
apply for 485, AP and EAD for me and my spouse. This excludes USCIS fees. I work on hourly basis, so I should be taking care of immigration fees. My employer is not allowing me to file through another law firm.
Do I have any other options. How much do they charge usually.
My employer's attorney is charging me outrageous fees of around $5000 to
apply for 485, AP and EAD for me and my spouse. This excludes USCIS fees. I work on hourly basis, so I should be taking care of immigration fees. My employer is not allowing me to file through another law firm.
Do I have any other options. How much do they charge usually.
anilsal
01-27 12:14 AM
the main list of top threads.
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Gravitation
07-06 03:47 PM
Members: can you request IV to endorse this ... more than 100 people are waiting to get hear 'YES' from core...
http://immigrationvoice.org/forum/showthread.php?t=6025
thank you
It'll be nice if the core endorsed it. We members do contribute and participate in all campaigns when core asks. It'll be great if the core lets the ideas bubble up from members too! That'll make it a two way street.
http://immigrationvoice.org/forum/showthread.php?t=6025
thank you
It'll be nice if the core endorsed it. We members do contribute and participate in all campaigns when core asks. It'll be great if the core lets the ideas bubble up from members too! That'll make it a two way street.
more...
drona
08-31 08:37 PM
Please post your request on the following thread and a group of volunteers will organize your transportation. Glad you could make it!
http://immigrationvoice.org/forum/showthread.php?t=12462
http://immigrationvoice.org/forum/showthread.php?t=12462
BharatPremi
03-24 03:24 PM
http://immigrationvoice.org/forum/showthread.php?t=5482
more...
gc28262
03-27 08:51 AM
Man, this place just needs a reason to go all-out hysterical. Seriously, what is the problem with this regulation? Employment verification is just the DMV's way of finding out if the person is in legal status. You had to show this letter when you got your visa stamped didn't you? Similarly, American citizens have to show proof of citizenship while applying for a driver's license. These are good law-enforcement measures the govt is taking to prevent out of status immigrants from getting a driver's license.
ashkam,
You are missing it again. What is a driver license for ? Drivers license is a drivers license. It is a verification whether one has the driving skills and knowledge to drive safely on the road.
What has it got to do with job or immigration status ?
ashkam,
You are missing it again. What is a driver license for ? Drivers license is a drivers license. It is a verification whether one has the driving skills and knowledge to drive safely on the road.
What has it got to do with job or immigration status ?
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sanbaj
07-31 11:01 AM
I called USCIS NSC yesterday and asked if my new approved I-140 was interfiled with my pending I-485. The IO asked me for my A# and then told me that she doesn't see the new I-140 starting with SRC on the system. She only sees the original I-140 with the LIN. It was very frustrating to hear this as I had called NSC a week before and the IO told me that the new I-140 is in the system and visa was available for me. However, I remembered that last week the IO did not ask me for my A#. She only asked for the receipt numbers of my pending I-485 and the new I-140.
Friends, what else can I do to make sure that my newly approved I-140 under EB2 is interfiled?
Speaking from my case, I called NSC for the same reason multiple times and every time the information I got (now looking back) was either useless or insignificant. Only one procedural info I got once was correct. They informed me that when you Interfile, your request goes into your file and no receipt or any other update is done to your case. When your 485 app RD becomes current and an IO picks up the case to work on it, should consider the Interfiling request. If your PD is then current due to the Interfiling request and every other detail on your 485 app is complete, your case is approved immediately. That is exactly what happened to my case. Calling them is less fruitful and more frustation. I only called them once a month after they changed their processing dates for the month just in the hope I may get lucky with an IIO who may give some info. Never did. I also took an Infopass, but that was fruitless too, as they also could not provide any information. Just asked me to wait until my RD becomes current.
Hope this gives you some perspective and lowers your anxiety.
Friends, what else can I do to make sure that my newly approved I-140 under EB2 is interfiled?
Speaking from my case, I called NSC for the same reason multiple times and every time the information I got (now looking back) was either useless or insignificant. Only one procedural info I got once was correct. They informed me that when you Interfile, your request goes into your file and no receipt or any other update is done to your case. When your 485 app RD becomes current and an IO picks up the case to work on it, should consider the Interfiling request. If your PD is then current due to the Interfiling request and every other detail on your 485 app is complete, your case is approved immediately. That is exactly what happened to my case. Calling them is less fruitful and more frustation. I only called them once a month after they changed their processing dates for the month just in the hope I may get lucky with an IIO who may give some info. Never did. I also took an Infopass, but that was fruitless too, as they also could not provide any information. Just asked me to wait until my RD becomes current.
Hope this gives you some perspective and lowers your anxiety.
more...
dingudi
11-09 02:00 PM
It would be nice if we can merge the two threads ; July Filers no FP, No SR + July Filers no FP, Opened SR. This way we can get a total count of number of people waiting for FP who are early July/June filers.
This is just a suggestion.
This is just a suggestion.
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InTheMoment
12-03 04:28 PM
...and may I know what is bad in this ?!
I would say this is definitely good as 1.) They have acknowledged the issue AND 2.) acted upon it.
We will know the veracity of their actions as more people report of their NC getting cleared over the next few months.
I think (1) in the statement made by USCIS refers to "DHS Secretary Chertoff indicated that USCIS and the FBI are changing parts of the name check process, with the expected result that a large proportion of the backlog should be cleared within six months" source: AILA Infonet
I would say this is definitely good as 1.) They have acknowledged the issue AND 2.) acted upon it.
We will know the veracity of their actions as more people report of their NC getting cleared over the next few months.
I think (1) in the statement made by USCIS refers to "DHS Secretary Chertoff indicated that USCIS and the FBI are changing parts of the name check process, with the expected result that a large proportion of the backlog should be cleared within six months" source: AILA Infonet
more...
desi3933
11-03 01:17 PM
You are the best!!! You are like the last word one could rely on.
Big fan of yours!!!
Thank you so much for your kind words.
.
Big fan of yours!!!
Thank you so much for your kind words.
.
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jitnair
08-05 09:50 PM
But consider this: I just posted this in the approval thread:
Looking at the overall approval trend in IV, , Murthy forum etc it is clear to me that FIFO is out of the door and in most likelihood low hanging fruit is being plucked from the tree. At the next Ombudsman call I am going to raise the issue of USCIS's declared commitment to FIFO but actions that seem completely contrary to it.
Obviously anonymous postings in open forums cannot be presented as evidence but one can certainly request the Ombudsman's office to ask for monthly 485 approval statistics and the cat will be out of the bag. By the time the wheels of Goverment bureaucracy move it might be a month or two before this data is made available to the Ombudsman's Office; forget the applicants - that will be like asking for the moon.
Regardless of whether I get approved or not in the next month or two; from a process perspective a monthly approval report going from the USCIS to the Ombudsman's Office each month should hopefully force them to stop this stonewalling and walk the talk.
This will not only help EB2s down the line but spare a thought for next year when EB2 is current, EB3 has a cut off of June 1, 2006 and we start seeing May 2006 EB3 approvals when 2001/02 EB3s are still pending. Again I welcome suggestions but the focus of my effort is going to be the approval process rather than a personal case or two.
Agree - Only solution is to process by PD, rather than anyother dates - Also the PD porting mechanism needs some review. Once the position in line is set it should be set for ever - It is simply unfair for deserving folks waiting in line from 01 (if they are truly 'waiting' that is) if an 04 guy gets approved just becoz. he got his app at NSC/TSC's door a few days earlier. I dont think anyone will complain with that kind of a rule - other than may be USCIS as their processing statistics/metrics may become complicated.
May be writing to Ombudsman will help in this regard.
Looking at the overall approval trend in IV, , Murthy forum etc it is clear to me that FIFO is out of the door and in most likelihood low hanging fruit is being plucked from the tree. At the next Ombudsman call I am going to raise the issue of USCIS's declared commitment to FIFO but actions that seem completely contrary to it.
Obviously anonymous postings in open forums cannot be presented as evidence but one can certainly request the Ombudsman's office to ask for monthly 485 approval statistics and the cat will be out of the bag. By the time the wheels of Goverment bureaucracy move it might be a month or two before this data is made available to the Ombudsman's Office; forget the applicants - that will be like asking for the moon.
Regardless of whether I get approved or not in the next month or two; from a process perspective a monthly approval report going from the USCIS to the Ombudsman's Office each month should hopefully force them to stop this stonewalling and walk the talk.
This will not only help EB2s down the line but spare a thought for next year when EB2 is current, EB3 has a cut off of June 1, 2006 and we start seeing May 2006 EB3 approvals when 2001/02 EB3s are still pending. Again I welcome suggestions but the focus of my effort is going to be the approval process rather than a personal case or two.
Agree - Only solution is to process by PD, rather than anyother dates - Also the PD porting mechanism needs some review. Once the position in line is set it should be set for ever - It is simply unfair for deserving folks waiting in line from 01 (if they are truly 'waiting' that is) if an 04 guy gets approved just becoz. he got his app at NSC/TSC's door a few days earlier. I dont think anyone will complain with that kind of a rule - other than may be USCIS as their processing statistics/metrics may become complicated.
May be writing to Ombudsman will help in this regard.
more...
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DoggyStyle
07-21 10:31 PM
I knew the call was a BS. I don't want to waste my prepaid calling card. Real job ads are hard to come by these days, and H1b job ads
don't exist any more.:D
don't exist any more.:D
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hari-patti
07-23 08:46 PM
Hi
Could anyone guide me on this.
What does "class" mean when filing for e-file AP?
thanks
Could anyone guide me on this.
What does "class" mean when filing for e-file AP?
thanks
more...
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Nil
04-19 03:49 PM
Good job mmj.
Pls provide your details and participate actively.
Request you to donate as well if you have not already.
Pls provide your details and participate actively.
Request you to donate as well if you have not already.
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singhsa3
01-06 07:18 AM
The post did not mean to offend people of any particular community. I apologize, if it appeared that way. So please take this thread light heartedly only.
If it is of any further consolation then here is my brief backgroud:
I am a Hindu by birth.
Did my schooling from a catholic school and know Bible's stories by heart and also had led choirs.
Did my B.S. Mechanical engineering from a prominent miniority university, Aligarh Muslim University.
So you see, I would be the last person to use this story to stereotype folks from any particular religon.
I will conclude by saying that polygamy in India is almost non existent. The story cited here is unique, irrespective of what religion the person belongs to, even though the laws may be permitting in certain cases.
If it is of any further consolation then here is my brief backgroud:
I am a Hindu by birth.
Did my schooling from a catholic school and know Bible's stories by heart and also had led choirs.
Did my B.S. Mechanical engineering from a prominent miniority university, Aligarh Muslim University.
So you see, I would be the last person to use this story to stereotype folks from any particular religon.
I will conclude by saying that polygamy in India is almost non existent. The story cited here is unique, irrespective of what religion the person belongs to, even though the laws may be permitting in certain cases.
more...
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gccube
09-09 02:27 PM
Requirements to change employer when GC is pending:
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD
Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.
After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application
This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
"You salary should be almost the same as the wages mentioned in GC labor certification application or it should not be more than 4% more than what is mentioned in the LC"?
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD
Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.
After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application
This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
"You salary should be almost the same as the wages mentioned in GC labor certification application or it should not be more than 4% more than what is mentioned in the LC"?
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suhanya
08-13 09:50 PM
I have a pending AOS (I-485) application
filed by my previous employer (company A). The I-140 is approved and is well
past 180 days. I moved from company A to company B in late April
2008. They did an H1 transfer and filed for AOS portability under
AC21. I did not like the role there, so had planned a move to Company C, my current employer - again H1 transfer and AC21 (yet to
be filed). Just before I moved, I got another offer from company D
(which I believe best fits my long term career interests). I would've
avoided the hop to company C had I not given the notice to leave at
Company B. Now, I am looking to move to company D at the earliest (perhaps in a month). I have
been at company C for 4 weeks now.
Question:
Should company C file an AC21? Since there is already an AC21 on file (by
company B) and if I will move to company D, can I reduce one additional AC21
filing? This is just so that there aren't 3 Ac21s filed and to avoid
making me look frivolous. Please advice. If its safer to file it, I
can request an AC21 filing soon from company C.
filed by my previous employer (company A). The I-140 is approved and is well
past 180 days. I moved from company A to company B in late April
2008. They did an H1 transfer and filed for AOS portability under
AC21. I did not like the role there, so had planned a move to Company C, my current employer - again H1 transfer and AC21 (yet to
be filed). Just before I moved, I got another offer from company D
(which I believe best fits my long term career interests). I would've
avoided the hop to company C had I not given the notice to leave at
Company B. Now, I am looking to move to company D at the earliest (perhaps in a month). I have
been at company C for 4 weeks now.
Question:
Should company C file an AC21? Since there is already an AC21 on file (by
company B) and if I will move to company D, can I reduce one additional AC21
filing? This is just so that there aren't 3 Ac21s filed and to avoid
making me look frivolous. Please advice. If its safer to file it, I
can request an AC21 filing soon from company C.
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jgh_res
10-10 12:41 PM
I wish they invested in R and D and innovation and products instead of services. Service industry is mainly governed by dealing with cost efficient labor. These companies reach out to IITs IIMs get the best and brightest and dump them into the service sector and start earning on them.
If they changed their business modal and started investing in products and Rand D, it may not give them quick money, but the results will be beneficial on the long run.
I am not sure how much R & D is going on in india, but Adobe filed lots of patents from Adobe, india.
If they changed their business modal and started investing in products and Rand D, it may not give them quick money, but the results will be beneficial on the long run.
I am not sure how much R & D is going on in india, but Adobe filed lots of patents from Adobe, india.
rockstart
04-21 09:23 AM
I really am not able to understand your education pattern
10 = Std 10th
+2 = Std 12th I assume
+1 = Is this the commerce 1st year?
+3 sounds to be your diploma right? now what was eligiblity for the diploma 10th or 12th? I am assuming it was 10? since it was 3 years course.
My friend I hate to be sounding pessimistic but your education might add upto 16 years but it is not progressive 16 years as required for a bachelors program, most of it is redundant. your +2 (12th grade) and diploma are overlapping. Your +1 is completely tangential to your course work. It is same as some one doing 1st year courses for 3 different strems example 1st year Science , 1st year arts and 1st year commerce and then claiming he has equivalent of 3 years bachelors course work completed and so he be awarded a bachelors degree.
Please dont feel bad. I do not want to give you any false hopes. Please consult some proffessional evaluators to check if there is a way they can make your education sound progressive but looking at USCIS response you pasted they have evaluated your diploma and cannot accept it as equivalent to degree program. Or saying I have 2 Masters degree so count it as equivalent to a PhD that cannot happen even if the person might have completed equal number of credits as PhD still it is at masters level and not at PhD level plus they are not cumulative which will be the most sticking out point.
I dont know who will pay for the MTR + refiling in case your employer is going to shoulder these expenses then there is really no harm in trying but if it is you who has to pay for appeals then my friend it will be better if you consult education evaluators and some other lawyers like Murthy, Khanna to get a second opinion before you embark on this long and costly journey.
That is accurate I have done 10+2+1+3
10 = Std 10th
+2 = Std 12th I assume
+1 = Is this the commerce 1st year?
+3 sounds to be your diploma right? now what was eligiblity for the diploma 10th or 12th? I am assuming it was 10? since it was 3 years course.
My friend I hate to be sounding pessimistic but your education might add upto 16 years but it is not progressive 16 years as required for a bachelors program, most of it is redundant. your +2 (12th grade) and diploma are overlapping. Your +1 is completely tangential to your course work. It is same as some one doing 1st year courses for 3 different strems example 1st year Science , 1st year arts and 1st year commerce and then claiming he has equivalent of 3 years bachelors course work completed and so he be awarded a bachelors degree.
Please dont feel bad. I do not want to give you any false hopes. Please consult some proffessional evaluators to check if there is a way they can make your education sound progressive but looking at USCIS response you pasted they have evaluated your diploma and cannot accept it as equivalent to degree program. Or saying I have 2 Masters degree so count it as equivalent to a PhD that cannot happen even if the person might have completed equal number of credits as PhD still it is at masters level and not at PhD level plus they are not cumulative which will be the most sticking out point.
I dont know who will pay for the MTR + refiling in case your employer is going to shoulder these expenses then there is really no harm in trying but if it is you who has to pay for appeals then my friend it will be better if you consult education evaluators and some other lawyers like Murthy, Khanna to get a second opinion before you embark on this long and costly journey.
That is accurate I have done 10+2+1+3
jonty_11
08-22 02:17 PM
Based on the discussion with Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting, DOS, the AILA has just released the following predictions:
EB-1 (All Countries): Closely match to September 2007 VB
EB-2 (All Countries): Closely match to September 2007 VB
EB-3 (All Countries): Similar to January 2007 VB
EB-3EW (All Countries): 10/01/2001
EB-4: N/A
EB-5: C
Please stay tuned.
check b4 u post man....this thing has been cut and paste a billion times...
Concentrate on the DC Rally instead plz
EB-1 (All Countries): Closely match to September 2007 VB
EB-2 (All Countries): Closely match to September 2007 VB
EB-3 (All Countries): Similar to January 2007 VB
EB-3EW (All Countries): 10/01/2001
EB-4: N/A
EB-5: C
Please stay tuned.
check b4 u post man....this thing has been cut and paste a billion times...
Concentrate on the DC Rally instead plz
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