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  • sanju
    09-09 08:59 AM
    I140 should be approved or approvable at the time of filing. Yates memo is very clear on that- I-140 approval is not required in concurrent filing. Also there is no salary requirements on invoking AC 21. Again, please read Yates Memo.

    Kindly see the context of the post and please read the post completely before going ballistic –

    I am not talking about the requirements for concurrent filing. Yes, everybody knows that I-140 and I-485 could be filed together, hence the word “concurrent”.

    However, approved I-140 is required for invoking AC-21 to change employer after 180 days of 485 receipt.

    If you want to change employer without consideration to the salary, be my guest. I am simply trying to relay what I have learnt from discussions with 4 top attorneys in the country. If you have any doubt, speak to an attorney. But you are welcome to do whatever you find is best for you. I have changed employer using AC-21 and simply attempting to provide the information about practical implication/ramifications of AC-21 from my experience and knowing. As always, you are welcome to do whatever you deem fit in your case.





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  • HRPRO
    01-28 02:20 PM
    Without knowing the situation of all the students, it is not fair to jump into conclusions. I am sure at least a few if not all the students, left India and come here with an intention to cheat. Some of them may not have known the true intent or authenticity of this university. From their standpoint it could just be they have gotten into a recognized univeristy in the US and this was going to be a gateway to a bright future. USCIS should only have themselves to blame before blaming the students for issuing I-20s, CPTs and OPTs. If the students came here on valid I-20s and are doing all the right things by going to class, why blame them. Again there could be students who are taking advantage of the system and doing the wrong things but there is blame everywhere.

    All of us come here with dreams, dont we. Sometimes the dreams turn into nightmares and when it does we dont have to go out of our way to support the students in distress but the least we could do is stay away from adding to their woes. This is not a time to play smart Alec.





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  • TajMahal
    10-01 06:43 PM
    July 2nd filer.

    Transfered from NSC to CSC. My bad luck. Didn't apply EAD, AP. No news on FP. I heard that CSC processes FP lat than other centers. I know my neighbours got FP notices who filed a month later from NSC.





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  • jthomas
    04-20 01:33 PM
    The person looking at this letter might spend like 10 to 15 seconds glancing at it.

    So we need to include like a subject line that in one sentence or two captures the essence of our issue(s). Something like:

    Subject: LEGAL Skilled Immigrants - Issues faced with Employment Based (EB) Green Card process.

    I liked the above 2 letters. If some one can frame a good letter, we can all send the letter to the senators as well as white house. Also we can get our state chapters involved and post all the letters within 2 weeks.

    Thanks for the initiative. mmj



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  • tinku01
    02-12 10:53 AM
    I request everybody to add one line in the letter for Consular processing filers as they should be allowed to get AC21 and EAD facilities now. This law came earlier only for 485 filers because CP process was fast but now due to retrogession all CP filers are waiting for Years and in the worst sitauation as 485 filers are enjoying their freedom with AC21 and EAD

    Immmigration Voice I'll appreciate if you could add this agenda in you campaign letter.

    Thanks





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  • godspeed
    11-03 01:36 PM
    no, its called covering our behind, if in future something comes back to bite ;),
    As long as your orig employer does not complain(which i hardly doubt anyone will do) you are fine, worst case scenario if someone does, then its not a big hurdle to cross with an able attorney's help.
    Just to put your mind at ease, i have several friends(not friend-of-a-friend) who had quit at various intervals (1-2-3 months) after getting their GC's and haven't faced a single issue while in process of becoming a citizen.
    In short its better to be safe than sorry so these attorneys suggest staying for atleast 180 days.
    If that is the case, then why is it that all immigration attorneys are asking us to stay with our current employers citing this "Intent" thing? Are you saying that it's all smoke and no fire?



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  • bigticket
    08-23 12:01 PM
    That is right, no need to file I-485 again. The format of I-485 has nothing to do with this. I am assuming he is just trying to make money by doing the additional paper work. A couple of my colleagues got their GCs that way in July and my employer is also in the process of filing my EB-2 I-140 under Premium Processing this week with a request to port my earlier EB-3 PD and a letter to USCIS requesting to adjudicate my pending I-485 under EB-2 preference, once EB-2 I-140 is approved. In my colleague's case, TSC approved both Eb-2 I-140 and pending I-485 (was at TSC as well) concurrently in July.

    Final Q, how long it took from day1 of EB2 filing to filing I140 this week ?





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  • GCHope2011
    11-11 04:46 PM
    Why not 3 more years either :)



    Well thought I had to answer this better. The answer is YES, we can get bills introduced and passed if we had 2 million dollars. Lets not make assumptions about what congress cares for, we'll let core members handle that. As written previously, we have managed to get quite a lot of change done with minuscule funding, even though we haven't been able to afford the best people.
    Maybe right now even achieved a bit more than the illegal immigration lobby.
    How exactly do we do it? - Check Donor forum, where we get constant updates on our efforts in Washington DC.

    Donations start at a one time of $25, even if that's the only thing you do all year.
    There are some thinking why not get everything for free, when IV is already working? Its a tendency of many to save as much as possible, and get the thrill of getting something free. As I speak, Donors are benefiting from IVs efforts. United we can achieve a lot, Divided we fail.

    The other common excuse is - "I really don't care, even if I don't get the GC, I can always find a job back home. Pay $1000 for my return flight. Just visiting... "
    Well I guess the other option of spending much less, getting a GC in 1-2 years, starting your own business in the USA, making much more money is really something no one wants.
    Agree with you Tony - there are so many members of this forum - I find it hard to believe that everyone's budget is so tight, that they cannot afford to divert $25 per-month to a cause that is going to help them directly.

    I am not underestimating the value of $300 per-year, but compared to the value that this is likely to drive, it is certainly an investment that can provide handsome returns.

    I would rather NOT believe that most people here are with a free-loader mentality - waiting for others to fund and drive the momentum, while they just keep yapping about their problems and concerns about the situation, laws, regulations, illegals, employers etc. etc.

    In my opinion people are missing the big picture of that if everyone contributed, there could be significant momentum that could be created - a $25 per-month contribution could lead to a $500K monthly lobbying fund - which is a non-trivial amount to drive our agenda.



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  • chanduv23
    01-03 09:37 PM
    A freind of mine came across a gentleman, who is here on work visa and he is facing a unique problem. He is married to two persons and wants to bring his whole family here in the USA. He was looking for answer if he can get both his spouses and kids here on H4 visas. Currently both of them and his kids are in India. Interesting hmmm :D

    Your friend == singhsa3 ??? - Just kidding





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  • laborchic
    09-19 03:11 PM
    Ok, I've seen a lot of threads about go to the rally, actions items, I've reading a lot of guys saying dont ask for your receipt status, dont waste your time etc, etc.

    Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...

    Question remains open:

    1. When are they going to increase the GC quota?
    2. When congress id going to do something?

    I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............



    Anna 35: You are not serious are you?? You wanted to hand out IV Rally fliers to Congressmen and them to hand you out your greencard.??

    Its hardly 24 hours since the rally is over..



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  • javadeveloper
    08-20 04:01 PM
    I think he knows that you won't have the gut to expose him since this will also put you in an awkward situation since you paid for your labor and I-140 which, strictly speaking, is against the immigration law.

    I don't think It'll create any problem for employee.What a employee can do if employer demands for money





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  • perm2gc
    12-29 07:28 PM
    Hello all...

    being on H4 for the past 4yrs scenario...?

    what are the chances of the H1b approval being 4yrs on h4...? as in how strong is the resume being..?
    will they question about the past 2 yrs of H1 status...asking cos I was dint work for a while as I dint get a project..?

    converting to H1 in such a situation, will this be risky and asking for trouble..?
    They may look at your H1B record.The approval depends on the officer who handles in your case.Contact a good immigration attorney.



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  • inthehole
    07-21 02:35 PM
    Renewal Filed & RD - June 16,2008
    sent docs - June 24,2008
    FP - July 12,2008
    LUD - June 26, July 12, July 15, July 20
    status - pending





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  • gc_bucs
    04-01 03:28 PM
    Sent the fax. Thanks for putting it together



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  • hemya
    08-11 04:10 PM
    I am currently on H1B visa and I want to switch the company. New company is not willing to do H1B transfer and want me to work on EAD. I have pending I485 EB3 ROW with priority date of March 2006. Its been more than 180 days that I filed for I485 so I can use AC21 with EAD.
    But my question is how risky will it be if I switch job at this stage with EAD?

    Thanks in advance,
    BK

    advisable to use AC21 only if I-140 is approved





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  • shivapb80
    06-05 11:25 AM
    in fact i think this memo is very favourable.

    first of all it has some protections for h1b whistle-blowers.
    second it formalizes the 27th, Dec, 2005 into the AFM which is much better.

    this memo does not say that you cannot make an AC21 portability request based on a pending i-140/i-1485. all it says is that for the portability request to be valid the i-140 should be approved first. in fact it clearly alludes to the Yates memo and says that section 1 from that memo is valid and consistent with this interpretation. so, as far as my understanding goes you can still use AC21 even if your i-140 is pending.

    the one thing though i am having a little difficulty understanding is that it says section 20.2(d) of the AFM will be updated with section (1) from the Yates memo. But the updates to the AFM to section 20.2(d) do not include section(1) from the Yates memo. may be i need to wait for the revised AFM to be published!


    just my 2 cents...I am really hoping that some well known law firm will clarify this one way or the other.



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  • sushilup
    02-14 08:48 AM
    I am also an NCS-CSC-NSC transfer. Got LUDs on 2/10 on my/my wife's application. I just got an email saying an RFE was sent just for my application.

    Anyone else that got RFEs after getting LUDs at the beginning of Feb? What were the RFEs for?

    -a

    Did you change company? or filed AC-21.

    My PD is also close to yours and transfer is TSC-CSC-NSC

    I had LUD on 2/10....Lets hope for the best...I will keep you posted on my status





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  • path2success
    01-02 10:27 AM
    Hi Group,

    Am on H4 since Sep 06. I want to apply for a H1 this year. Can any one of u tell me the procedure? How long will it take for me to get a H1 and start working?

    Thanks in advance.





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  • sobers
    04-03 09:51 AM
    I didn't webfax but sent my state's US Senators a message through their official portal (I had recieved a response last time I did that). I also followed up with a phone call to their offices.





    mhathi
    09-19 03:17 PM
    Let me explain you in very human form: Baby is the fruit. It takes 9 months to get that fruit. To get that fruit humans put effort ( You know what I mean...). When they put effort, immediately they do not look for baby.. They wait for 9 months.. Correct.. Just apply this analogy to the struggle what we have initiated.:)

    ROFL!!!! :))





    shana04
    08-20 05:52 PM
    Friend,

    Even if you paid cash, probably should have withdrawn from bank. And you should be having that bank withdrawl slip or you can go online to get a copy of your bank statement, which shows that you have withdrawn that amount - this is just a proof.

    Now call your employer to refund all your money with interest and the loss that you incured for working all these years and the opportunity that you have lost for not filing I 485, else you would file a case agains him with police and FBI for taking cash as this would not provide any proof for filing labor and not filing I 485.

    Now you threaten that you would file a suit against him, give all kinds of threats to these A**H***S. sorry could not control my words.

    I am kind of same situtation but my employer filed my 485, but exploiting me.

    Bastarads, would not progress of some one else money.

    I am sorry for you my friend.



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