wonderlust
10-06 12:44 AM
I called too. They told me that NSC needs 2 month to process it--presumably, getting the FP notice out to me.
incompetence of USCIS is beyond comprehension.
Wonderlust
Why CSC WHYYYYY??? :(
You gave me EAD, you gave me AP, you gave me receipts......why did you put me back at the mercy of NSC again? WHYYY? you knew they suck!!!
No FP yet for me or my wife. Been calling CIS.....feels like talking to a wall.
I guess we CSC transferees are DOOMED!!!
There shall be light at the end of the tunnel....or it could just be an incoming train :-)
incompetence of USCIS is beyond comprehension.
Wonderlust
Why CSC WHYYYYY??? :(
You gave me EAD, you gave me AP, you gave me receipts......why did you put me back at the mercy of NSC again? WHYYY? you knew they suck!!!
No FP yet for me or my wife. Been calling CIS.....feels like talking to a wall.
I guess we CSC transferees are DOOMED!!!
There shall be light at the end of the tunnel....or it could just be an incoming train :-)
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sheela
02-21 03:17 PM
Its beyond my comprehension, If they already have info, why would they come to your home? They just want to hear the same information again from hourse mouth? Just to check whether you are honest in providing information?
Sheela, would you mind sharing a flavor of, if not exact information, are they looking to clarify from employee upon visiting their home? :)
That might provide a better insight into this process as it seems, you are the only one so far who have already gone through this experience.
I beleive it is general audit kind of thing. When informedm my attorney said they do this randomly. I donot know of odd ratio.
Gentleman had general talk: covering all aspects (I donot know if it was audio-recorded
but no paper work).
It started with current job, past employments, about my family, in-laws , about siblings, their jobs but concentrated more on money transfers. I owned property in india on lease and was tranfering $$ to the banks directly. Only personal trf was $6000 to my in-laws and I told him I borrowed this before coming to US owed this money
Sheela, would you mind sharing a flavor of, if not exact information, are they looking to clarify from employee upon visiting their home? :)
That might provide a better insight into this process as it seems, you are the only one so far who have already gone through this experience.
I beleive it is general audit kind of thing. When informedm my attorney said they do this randomly. I donot know of odd ratio.
Gentleman had general talk: covering all aspects (I donot know if it was audio-recorded
but no paper work).
It started with current job, past employments, about my family, in-laws , about siblings, their jobs but concentrated more on money transfers. I owned property in india on lease and was tranfering $$ to the banks directly. Only personal trf was $6000 to my in-laws and I told him I borrowed this before coming to US owed this money
FinalGC
03-21 07:56 AM
I just sent an email. I am bumping this thread up
I am ready to coordinate from Lansing, Michigan.
I am ready to coordinate from Lansing, Michigan.
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kondur_007
08-11 09:32 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
I believe that this is a bit more complex issue and depends a lot on several specific details of your case. At times this is very safe to do and at other times it is "no no". At times it is advisable to inform USCIS and at other times not. It all depends on several specific factors (specifics of your case: details of LC, job title, duties, classification, salary, location etc etc).
Bottom line: Can't get/give answer on the forum. Definitely worth consulting a VERY GOOD attorney.
Good Luck.
But my question is how risky will it be if I switch job at this stage with EAD?
Thanks in advance,
BK
I believe that this is a bit more complex issue and depends a lot on several specific details of your case. At times this is very safe to do and at other times it is "no no". At times it is advisable to inform USCIS and at other times not. It all depends on several specific factors (specifics of your case: details of LC, job title, duties, classification, salary, location etc etc).
Bottom line: Can't get/give answer on the forum. Definitely worth consulting a VERY GOOD attorney.
Good Luck.
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mantagon
06-01 10:22 AM
YES.
Thanks!
Thanks!
ArunAntonio
09-05 12:40 AM
Please think about the amount of effort that is going on to plan for this rally.
- The mental effort required to plan the logistics of such a huge event
- The physical energy required to make all this a possibility
- The amount of time the members working on this are sacrificing.. time that they could have spent with family or other gainful things
- The financial impact this is causing to the invloved members
and all just not for themselves but for all of US.
What is your contribution to this effort?
Please show up.
Think ..
I am sure you can DO IT.
- The mental effort required to plan the logistics of such a huge event
- The physical energy required to make all this a possibility
- The amount of time the members working on this are sacrificing.. time that they could have spent with family or other gainful things
- The financial impact this is causing to the invloved members
and all just not for themselves but for all of US.
What is your contribution to this effort?
Please show up.
Think ..
I am sure you can DO IT.
more...
JunRN
06-06 10:37 AM
Going back to the supplemental AC21 memo:
Imagine an IO who has a very bad mood for the day. Then he receives an AC21 letter for the case he is processing and saw that the i-140 of the person is not yet approved.
And he thought: "Oh....I would raise an RFE for this and see if the previous employer still respond to it".
Do you think this is a plausible scenario?
Imagine an IO who has a very bad mood for the day. Then he receives an AC21 letter for the case he is processing and saw that the i-140 of the person is not yet approved.
And he thought: "Oh....I would raise an RFE for this and see if the previous employer still respond to it".
Do you think this is a plausible scenario?
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gg_ny
09-08 07:41 PM
I know after we file the i-485 for 180 days, we can change our jobs. But rule is that the new job should be in the same field as the old one.
Can i change my job from a biological researcher to a biostatistician? My current job is in the field of biology, which involves lots of experiments. If I change my job to a biostatistician, which is like a programmer, do i still qualify the "similar filed" rule? thanks for your help!
biostatistician job position can involve analysis of biological data. That qualifies you still as a biological researcher. Biological researcher is a very very very broad term working from bacteria to human genetic diseases; deep sea fish to suspected life forms in asteroids and space debri (astrobiology). It is basically a straightforward description of what you are going to do as a biostatistician and justification of how this will still qualify you as a biological researcher. That makes it very much job specific: if you are going to use statistical methods to analyze GE's cat scanner machine performace it would not be biological research, but if you are going to use some statistical methods in analyzing cat scanned body images and tie your analysis to clinical conditions it would. If you could post both your current job description in your gc application and the prospective biostatistican job description as you see, I can try to help you.
Can i change my job from a biological researcher to a biostatistician? My current job is in the field of biology, which involves lots of experiments. If I change my job to a biostatistician, which is like a programmer, do i still qualify the "similar filed" rule? thanks for your help!
biostatistician job position can involve analysis of biological data. That qualifies you still as a biological researcher. Biological researcher is a very very very broad term working from bacteria to human genetic diseases; deep sea fish to suspected life forms in asteroids and space debri (astrobiology). It is basically a straightforward description of what you are going to do as a biostatistician and justification of how this will still qualify you as a biological researcher. That makes it very much job specific: if you are going to use statistical methods to analyze GE's cat scanner machine performace it would not be biological research, but if you are going to use some statistical methods in analyzing cat scanned body images and tie your analysis to clinical conditions it would. If you could post both your current job description in your gc application and the prospective biostatistican job description as you see, I can try to help you.
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jediknight
07-16 07:37 PM
Hate Groups Donate to Arizona Law’s Defense | Hatewatch | Southern Poverty Law Center (http://www.splcenter.org/blog/2010/07/13/hate-groups-donate-to-arizona-laws-defense/)
I wonder what they will say when Hispanic and Black cops stop white folks and say "oops we thought they were Canadian" :D
Russ and Beck will then start complaining of reverse racism.
BTW, I am against illegal immigration and the way to solve is to remove quotas for legal immigration and Jail Time for employers who don't use E-Verify.
- JK
I wonder what they will say when Hispanic and Black cops stop white folks and say "oops we thought they were Canadian" :D
Russ and Beck will then start complaining of reverse racism.
BTW, I am against illegal immigration and the way to solve is to remove quotas for legal immigration and Jail Time for employers who don't use E-Verify.
- JK
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mallu
12-03 03:08 AM
From that article:
""We should remember, these are people who've been living here in the U.S. with green cards for at least five years. And so it doesn't make sense that a delay is going to protect us from any national security threats," Wang said."
That is how stupid current system. I think it is to satisfy a bunch of paranoid conservative voters.
""We should remember, these are people who've been living here in the U.S. with green cards for at least five years. And so it doesn't make sense that a delay is going to protect us from any national security threats," Wang said."
That is how stupid current system. I think it is to satisfy a bunch of paranoid conservative voters.
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mallu
11-30 01:27 PM
http://www.durrani.com/docs/FBI%20Process.pdf
It says some applications will still be delayed . I assume of one is stuck with namecheck where FBI is waiting for response from native country, he will be waiting for eternity. Nowhere it says applications will be approved while the namecheck is pending.
It says some applications will still be delayed . I assume of one is stuck with namecheck where FBI is waiting for response from native country, he will be waiting for eternity. Nowhere it says applications will be approved while the namecheck is pending.
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coopheal
08-10 09:52 AM
.
FYI.
I used sub with later priority date and EB3 instead of EB2 after waiting for 6 and half years for my own LC. I still do not know what happened to the original LC.
Does this look like a fraud to you ?
I am not saying to you in particular.
But the scenario you just mentioned is, like losing even after doing cheating and then saying since I lost I didn�t cheat.
FYI.
I used sub with later priority date and EB3 instead of EB2 after waiting for 6 and half years for my own LC. I still do not know what happened to the original LC.
Does this look like a fraud to you ?
I am not saying to you in particular.
But the scenario you just mentioned is, like losing even after doing cheating and then saying since I lost I didn�t cheat.
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house VENDO HONDA CIVIC COUPE 2005
singhsa3
02-12 12:11 PM
Unfortunately, this will require change in Law and is not an Admin Fix
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
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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shree772000
10-26 08:15 PM
Maybe your I140 was withdrawn by the company A.
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pictures 2006 Honda Civic Coupe picture
aroranuj
04-19 01:30 PM
Can anyone please comment if the advise given by my attorney is accurates (ability to file new I-140 with the MTR/Appeal for the older I-140?
Hello All,
Thanks for your thoughts & advise. It helped me in my conversation with my company's attorney. I would first like to clear my educational background. I have 10 + 2( HSC/ 12th Grade) + 1 (1st year of Bachelors of Commerce) + 3 year Diploma in my field. That being said this is what she has advised/recommended.
She states that she is fairly confident that we can argue successfully the denial. She has said that she will file an MTR/Appeal & at the same time file a new I-140 too. She says she thinks there is a 50% chance that the MTR would be successful, if not she said it will go for appeal & take about a year. The advantage she said of filing a new I-140 at the same time is that she can make an airtight case with the cover letter covering the points for the reason for the denial of this I140 & the decision on the new I-140 would be fairly quick if the appeal is denied as it was filed witht eh appeal for the old one. The only disadvantage with a new I-140 would be that we cant file for 485 till there is an open visa, which means no EAD/AP for myself & my wife.
Can members with knowledge of these kind of scenarios shed some of their thoughts?
Thanks.
Hello All,
Thanks for your thoughts & advise. It helped me in my conversation with my company's attorney. I would first like to clear my educational background. I have 10 + 2( HSC/ 12th Grade) + 1 (1st year of Bachelors of Commerce) + 3 year Diploma in my field. That being said this is what she has advised/recommended.
She states that she is fairly confident that we can argue successfully the denial. She has said that she will file an MTR/Appeal & at the same time file a new I-140 too. She says she thinks there is a 50% chance that the MTR would be successful, if not she said it will go for appeal & take about a year. The advantage she said of filing a new I-140 at the same time is that she can make an airtight case with the cover letter covering the points for the reason for the denial of this I140 & the decision on the new I-140 would be fairly quick if the appeal is denied as it was filed witht eh appeal for the old one. The only disadvantage with a new I-140 would be that we cant file for 485 till there is an open visa, which means no EAD/AP for myself & my wife.
Can members with knowledge of these kind of scenarios shed some of their thoughts?
Thanks.
dresses 2007 Honda Civic
kshitijnt
05-02 01:10 AM
Here are details of my interview:
VO: what do you do?
I: Software engineer.
VO: How many employees in your company?
I: 20-25
VO: I see your english is not good. How will you be able to do your job?
I: You are the first person to tell me in last 4 years that I cant do my job due to poor english.
[At this point I was ticked off]
VO: How long did you work for last employer?
I: 18 months
VO: How many employees in previous company?
I: 150
VO: How many Indians?
I: I dont know. Ask the employer.
VO: Is this company owned by Indians?
I: I dont ask my boss his citizenship status.
VO: Have you worked with them before?
I: Yes, I am here just to revalidate my visa.
VO: Why you are working for a small company?
I: My preference.
VO: How much salary do you earn?
I: XYZ USD per annum.
VO: Thank you very much sir, your visa is approved.
Didnt bother to thank her, just turned my back and walked away. Visa came by mail.
VO: what do you do?
I: Software engineer.
VO: How many employees in your company?
I: 20-25
VO: I see your english is not good. How will you be able to do your job?
I: You are the first person to tell me in last 4 years that I cant do my job due to poor english.
[At this point I was ticked off]
VO: How long did you work for last employer?
I: 18 months
VO: How many employees in previous company?
I: 150
VO: How many Indians?
I: I dont know. Ask the employer.
VO: Is this company owned by Indians?
I: I dont ask my boss his citizenship status.
VO: Have you worked with them before?
I: Yes, I am here just to revalidate my visa.
VO: Why you are working for a small company?
I: My preference.
VO: How much salary do you earn?
I: XYZ USD per annum.
VO: Thank you very much sir, your visa is approved.
Didnt bother to thank her, just turned my back and walked away. Visa came by mail.
more...
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eb3_nepa
02-21 09:15 AM
Go read the posts on the other website, and you will see how important it was to counter this guy's posts that were raising basic doubts about IV.
To have prompt responses is extremely important! If you brush aside negative comments from 'male buffalos' and not counter them - we will never be able to get them into action!
Anyway, however clumsy my efforts, I could not just sit and watch & not try to get doubts addressed.
Mercies there is a bit of a difference in getting ur doubts addressed and ur post. Once again i didnt mean any offence to you in particular, just was upset by the sheer length and attack in ur post.
To have prompt responses is extremely important! If you brush aside negative comments from 'male buffalos' and not counter them - we will never be able to get them into action!
Anyway, however clumsy my efforts, I could not just sit and watch & not try to get doubts addressed.
Mercies there is a bit of a difference in getting ur doubts addressed and ur post. Once again i didnt mean any offence to you in particular, just was upset by the sheer length and attack in ur post.
girlfriend Fil:Honda Civic coupe.
victimofCambridgeResGrp
06-05 02:44 PM
To my understanding you can use EAD and then switch back to H1. However, it is still unclear if one can do job on EAD as well as hold the H1 status.
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ponnuswamyp
10-19 01:22 PM
eFiled on 07/28 at NSC
Soft LUD on 08/30 after sending support docs.
No Approval yet.
Status changed today - Card/ Document Production
Soft LUD on 08/30 after sending support docs.
No Approval yet.
Status changed today - Card/ Document Production
prioritydate
08-06 09:21 PM
http://www..com/member/anshu2007/
They are processing cases based on I-140 approval date. It is clear now.
They are processing cases based on I-140 approval date. It is clear now.
adibhatla
02-19 04:41 PM
Just a small addition to your point 4.
MTR allows you to work. Usually an MTR is supposed to be filed within 33 days after you have recieved your denial. As soon as the USCIS recieves your MTR (which is your I290B form), they issue a notice number. This number allows you to work. The only time you are not technically allowed to work is the time since you recieved the denial notice till you recieve your I290B notice number.
1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
MTR allows you to work. Usually an MTR is supposed to be filed within 33 days after you have recieved your denial. As soon as the USCIS recieves your MTR (which is your I290B form), they issue a notice number. This number allows you to work. The only time you are not technically allowed to work is the time since you recieved the denial notice till you recieve your I290B notice number.
1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
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