lskreddy
04-30 02:41 PM
Someone by Steve King is expressing his reasons why we should not let this happen as this is a 'backdoor' way to increase the number. What a start..
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ngopikrishnan
10-22 10:26 AM
Can someone suggest a good attorney (based on your personal experience) for sending AC21 letters to the USCIS? If possible please post the cost involved as well. Preferably in CT/NY/NJ area, any other area is fine too. Thanks!
chanduv23
05-18 04:33 PM
Hi Chanduv23,
Thanks for the reply.
Can you let all of us know the follwoing:
1. What are the steps involved in to do everything right?
2. Is one of the step "ex employer informing USCIS about the job change has gone through this"?
3. If not then what are the disadvantages or if can't trust employer ?
Please let us know about all the steps involved to switch employer by invoking AC-21?
regards,
waitingmygc
Ok, basic steps
(1) Make sure you have your petitions in the online portfolio.
(2) Make sure you report address changes promptly and they have latest address on file
(3) Try to get a copy of labor or atleast know what skills have been mentioned - remember it has to be similar and does not exactly be the same
(4) Make sure, you work for atleast 180 days with your sponsering employer after filing 485
(5) It is always good to get a 140 approved before you move. Pending 140s though allowed in AC21, maybe kinda risky because if your sponsering employer is having ability to pay issues, or your current employment is not paying proper salary - then you may be subject to ability to pay issues and 140 may never get approved
(6) Always good to inform USCIS of job change via AC21 letter - you must keep a copy and also track fedex and keep proof of delivery
(7) Keep a copy of 140 approval - though it may not be required, but good to keep.
(8) Always expect that your ex employer may revoke your 140 any time - USCIS is now conducting audits and employers may want to kee their records clean, so expect the 140 revoke anytime.
(9) If 485 gets denied, file for a Motion to reopen and immediately open a case problem with Ombudsman's office and keep the motion to reopen receipts
(10) If MTR is getting elayed, contact senators or congressman's office and do a congressional enquiry. Their liason will be more helpful.
(11) Customer service or infopass may never help unless it is address change or fingerprint or name check issues.
Thanks for the reply.
Can you let all of us know the follwoing:
1. What are the steps involved in to do everything right?
2. Is one of the step "ex employer informing USCIS about the job change has gone through this"?
3. If not then what are the disadvantages or if can't trust employer ?
Please let us know about all the steps involved to switch employer by invoking AC-21?
regards,
waitingmygc
Ok, basic steps
(1) Make sure you have your petitions in the online portfolio.
(2) Make sure you report address changes promptly and they have latest address on file
(3) Try to get a copy of labor or atleast know what skills have been mentioned - remember it has to be similar and does not exactly be the same
(4) Make sure, you work for atleast 180 days with your sponsering employer after filing 485
(5) It is always good to get a 140 approved before you move. Pending 140s though allowed in AC21, maybe kinda risky because if your sponsering employer is having ability to pay issues, or your current employment is not paying proper salary - then you may be subject to ability to pay issues and 140 may never get approved
(6) Always good to inform USCIS of job change via AC21 letter - you must keep a copy and also track fedex and keep proof of delivery
(7) Keep a copy of 140 approval - though it may not be required, but good to keep.
(8) Always expect that your ex employer may revoke your 140 any time - USCIS is now conducting audits and employers may want to kee their records clean, so expect the 140 revoke anytime.
(9) If 485 gets denied, file for a Motion to reopen and immediately open a case problem with Ombudsman's office and keep the motion to reopen receipts
(10) If MTR is getting elayed, contact senators or congressman's office and do a congressional enquiry. Their liason will be more helpful.
(11) Customer service or infopass may never help unless it is address change or fingerprint or name check issues.
2011 they are 1) Never give up
JunRN
10-24 12:19 AM
If this becomes a law, the USCIS will draft the rules. Definitely, those who are already in line will be allowed to use the recaptured visas and will pay the fees for that. They will also retain the PD.
I am hoping for the best this time.
I am hoping for the best this time.
more...
orangutan
09-30 10:04 PM
Probably those cars are of the people (GC applicants) who came to count the TSC employees cars.:D:D:D
Yea..I saw many at parking lot but all junk cars.:p
Yea..I saw many at parking lot but all junk cars.:p
watcher
09-09 02:32 PM
I could not attend the rally due to work schedule. However, here is my small contribution. Great work IV, and all the best.
$100
Google Order #529545486966288
$100
Google Order #529545486966288
more...
nyte_crawler
04-25 11:51 AM
Maybe highly intelligent people make irrational decisions.:)
The current Priority date based Labor application system makes the most higly skilled immigrants bonded laborers where the employers can exploit them. This especially happens to people who are highly intelligent but donot try short routes to Green card and do not think of jumbing ahead of others in the que or moving to other companies to get green card processed faster. Reality dawn sonly when nearing the six year completion date of H1B.
We need to change this unjust immigration system so that atleast in future merit gets rewarded and people who really deserve get their green card.
The current Priority date based Labor application system makes the most higly skilled immigrants bonded laborers where the employers can exploit them. This especially happens to people who are highly intelligent but donot try short routes to Green card and do not think of jumbing ahead of others in the que or moving to other companies to get green card processed faster. Reality dawn sonly when nearing the six year completion date of H1B.
We need to change this unjust immigration system so that atleast in future merit gets rewarded and people who really deserve get their green card.
2010 Never+give+up+tattoo+in+
reddymjm
07-14 10:30 PM
I understand your pain ( I am in the same boat ). EB3-I PD:June 2003. All we can do is keep the struggle going.
I plan to save the money to convert it to EB2 rather than spend here.
I plan to save the money to convert it to EB2 rather than spend here.
more...
GCwaitforever
01-13 04:19 PM
Still waiting for labor clearance.
Non-RIR, EB2, November 2001 PD, Florida, made it to Atlanta, shipped to Philly, received 45-day letter and replied. Then no news for the past six months!!:)
Non-RIR, EB2, November 2001 PD, Florida, made it to Atlanta, shipped to Philly, received 45-day letter and replied. Then no news for the past six months!!:)
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pmat
05-02 09:19 AM
FYI... I got the stimulus check ($1200) direct deposited in my account today. I am on H1B and my wife is on H4; both of us have SSNs.
more...
laborchic
10-15 12:43 PM
Has anyone taken any lawyer opinion on this?
I know vparam has done it. but has anyone else gone through same procedure..
I know vparam has done it. but has anyone else gone through same procedure..
hot What advice would you give a
heywhat
07-21 03:59 PM
Do not want to scare anyone but after checking other sites and calculation it seems that BEC for 485 is not too far away...
more...
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Suva
09-01 09:20 AM
Landed in April, 2000. Filed labor in Dec, 2004. 6 years and still counting.
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desi485
11-19 03:29 PM
desi, thank you for sharing above. Can some one clarify what RG means by "beyond his control exception"???
is this a standard CIS term? Have anyone heard this term before? If it is a common term used while appeals or MTRs, I would say, RG is correct. However I haven't come across this before.
AFAIK, it is a legal term.
is this a standard CIS term? Have anyone heard this term before? If it is a common term used while appeals or MTRs, I would say, RG is correct. However I haven't come across this before.
AFAIK, it is a legal term.
more...
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Openarms
03-13 04:43 PM
Can IV admin add new column for case approved/waiting on the header of each members profiles. I wonder why they did not put it.. is there any reason??
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gimme_GC2006
07-21 05:25 PM
We need another demonstration to let people know how this is going to effect :mad: :mad:
more...
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shreekhand
07-18 05:54 PM
I am not sure if the guy with PD 2001 will get the number first as against one with PD 2006 when everything is "C" in the example you presented.
Past data, experience from my acquaintances, official NSC statements as well the SOP clearly indicates the contrary.
priti8888, What is the USCIS 485 processing date in your senario?
Your Receive Date is a factor but PD is also a big factor, if limited number available.
If two person has submitted their application. One has PD 2001 and RD June 10 2007 and other had PD Jan 2006 with RD May 1 2006.
USCIS 485 Processing Date: June 15th 2007 and Visa Bullitin has "C"
Still PD with 2001 will get the the number first before PD 2006 case.
So
485 RD < USCIS 485 Processing date and PD < Visa Bulletin date
Order by PD desc
hope this help
Past data, experience from my acquaintances, official NSC statements as well the SOP clearly indicates the contrary.
priti8888, What is the USCIS 485 processing date in your senario?
Your Receive Date is a factor but PD is also a big factor, if limited number available.
If two person has submitted their application. One has PD 2001 and RD June 10 2007 and other had PD Jan 2006 with RD May 1 2006.
USCIS 485 Processing Date: June 15th 2007 and Visa Bullitin has "C"
Still PD with 2001 will get the the number first before PD 2006 case.
So
485 RD < USCIS 485 Processing date and PD < Visa Bulletin date
Order by PD desc
hope this help
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tinamatthew
07-21 04:26 PM
Please post. This will help all of us
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PD_Dec2002
06-02 08:35 PM
My interpretation of:
40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.�Petitions
41 for an employment-based visa filed for classification under
42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
43 Act (as such provisions existed prior to the enactment of this
44 section) that were filed prior to the date of the introduction of
265
1 the and [I]were pending or approved at the
2 time of the effective date of this section, shall be treated as if
3 such provision remained effective and an approved petition may
4 serve as the basis for issuance of an immigrant visa. Aliens with
5 applications for a labor certification pursuant to section
6 212(a)(5)(A) of the Immigration and Nationality Act shall
7 preserve the immigrant visa priority date accorded by the date
8 of filing of such labor certification application.
IMHO, the terms "pending" and "approved" are applicable only to I-140's filed before the date of introduction [May 15th 2007]. This is because there is no comma between the two terms "pending, or approved". This leads to only two scenarios:
1. I-140 applied before May 15th 2007, but is still pending as of the effective date [which could be Oct 1st 2008].
2. I-140 applied before May 15th 2007, and is approved as of the effective date [which could be Oct 1st 2008].
Only the two scenarios above are eligible to continue/file under the old system.
Thanks,
Jayant
40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.�Petitions
41 for an employment-based visa filed for classification under
42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
43 Act (as such provisions existed prior to the enactment of this
44 section) that were filed prior to the date of the introduction of
265
1 the and [I]were pending or approved at the
2 time of the effective date of this section, shall be treated as if
3 such provision remained effective and an approved petition may
4 serve as the basis for issuance of an immigrant visa. Aliens with
5 applications for a labor certification pursuant to section
6 212(a)(5)(A) of the Immigration and Nationality Act shall
7 preserve the immigrant visa priority date accorded by the date
8 of filing of such labor certification application.
IMHO, the terms "pending" and "approved" are applicable only to I-140's filed before the date of introduction [May 15th 2007]. This is because there is no comma between the two terms "pending, or approved". This leads to only two scenarios:
1. I-140 applied before May 15th 2007, but is still pending as of the effective date [which could be Oct 1st 2008].
2. I-140 applied before May 15th 2007, and is approved as of the effective date [which could be Oct 1st 2008].
Only the two scenarios above are eligible to continue/file under the old system.
Thanks,
Jayant
senk1s
01-04 12:39 PM
I called in yesterday to the tollfree # - this was the bottomline after the long chat :(
"your case is 1 day beyond the normal processing time- we'll open a SR and send to the IO - please call back after 60 days to check back on the status of the service request"
"your case is 1 day beyond the normal processing time- we'll open a SR and send to the IO - please call back after 60 days to check back on the status of the service request"
$eeGrEeN
09-10 12:40 PM
request to all help increase my rep. points////
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