WeShallOvercome
09-10 11:46 AM
This is what I got from 4 separate lawyers when I was invoking AC-21. I think everybody should speak to a lawyer before invoking AC-21.
A lot of people out there think that after getting EAD one can invoke AC-21 to change to any job at any employer. This is not true. AC-21 is pretty complicated and I think that in the future, if there is no change in the law, a lot of 485 applications will be pending for 6-8 years or more. And for the duration of this period, a lot of people will invoke AC-21. I also think that the rate for rejection for number of AC-21 cases at USCIS will be higher. Nobody told me about the approximate wait time and rejection rate. It is just what I think based upon the developing situation.
Sanju,
Is there any basis your thoughts are coming from? And what is the 'deveoping situation' you mentioned that would lead to an increased rate of rejection for AC21 cases.
I personally don't see anything like that provided you have completed 6 months AND your new job description is similar to the old one.
An increase in number of people invoking it should actually make AC21 a common and very popular choice and that should lead to low rate of denials as more and more officers will now be aware of the law ---(Again assuming you keep those 2 conditions in mind)
A lot of people out there think that after getting EAD one can invoke AC-21 to change to any job at any employer. This is not true. AC-21 is pretty complicated and I think that in the future, if there is no change in the law, a lot of 485 applications will be pending for 6-8 years or more. And for the duration of this period, a lot of people will invoke AC-21. I also think that the rate for rejection for number of AC-21 cases at USCIS will be higher. Nobody told me about the approximate wait time and rejection rate. It is just what I think based upon the developing situation.
Sanju,
Is there any basis your thoughts are coming from? And what is the 'deveoping situation' you mentioned that would lead to an increased rate of rejection for AC21 cases.
I personally don't see anything like that provided you have completed 6 months AND your new job description is similar to the old one.
An increase in number of people invoking it should actually make AC21 a common and very popular choice and that should lead to low rate of denials as more and more officers will now be aware of the law ---(Again assuming you keep those 2 conditions in mind)
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waitingnwaiting
05-12 12:17 PM
Pappu,
Reality is DREAM act is directly connected to HISPANIC votes for Democrats, EB community doesnt have any VOTING rights, neither they get any support from the folks who are already GC/UScitizenship holders.
Once people are out of this GC mess, they all start talking about anti immigration and that's the reality, u go to any indian community around and see how much support you have from those folks who have GC/US citizenship.
I agree.
Citizens want to either start consulting companies and get H1B employees or want to stop more Indians coming. More Indians mean less jobs for their children.
Green card holders do not even want to be friends with H1B.
H1B do not want to be friends with F1.
H1 girls want to be married to citizen or Green card holders. Or someone with EB2 PD.
Green card IV members do not even want to come back here.
Reality is DREAM act is directly connected to HISPANIC votes for Democrats, EB community doesnt have any VOTING rights, neither they get any support from the folks who are already GC/UScitizenship holders.
Once people are out of this GC mess, they all start talking about anti immigration and that's the reality, u go to any indian community around and see how much support you have from those folks who have GC/US citizenship.
I agree.
Citizens want to either start consulting companies and get H1B employees or want to stop more Indians coming. More Indians mean less jobs for their children.
Green card holders do not even want to be friends with H1B.
H1B do not want to be friends with F1.
H1 girls want to be married to citizen or Green card holders. Or someone with EB2 PD.
Green card IV members do not even want to come back here.
h1-b forever
07-16 10:45 AM
Over 60% of the US and 90% of Arizona supports the law they passed.
The same 60% or more people in the US support the cause of solving the immigration system.
Obama and his Attorney General are doing the wrong thing by interfering with state politics.
As for the Arizona law, immigration issues fall under the federal jurisdiction - so it is the State that is interfering with the fed agency.
How can these high ranking officials tell state law enforcement NOT TO enforce laws?
The Fed is going after the law itself - and arguing on its unconstitutionality. Enforcing a law that is unconstitutional is not right
The Supreme court will favor AZ even before the case starts. Slam Dunk.
Lets wait and see!!
The same 60% or more people in the US support the cause of solving the immigration system.
Obama and his Attorney General are doing the wrong thing by interfering with state politics.
As for the Arizona law, immigration issues fall under the federal jurisdiction - so it is the State that is interfering with the fed agency.
How can these high ranking officials tell state law enforcement NOT TO enforce laws?
The Fed is going after the law itself - and arguing on its unconstitutionality. Enforcing a law that is unconstitutional is not right
The Supreme court will favor AZ even before the case starts. Slam Dunk.
Lets wait and see!!
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gc_on_demand
06-12 10:00 AM
The bill goes no where after the hearings unless there are enough co-sponsors and CHC members are ok with the bills. Then the house speaker will decide to let the bills be debated and voted on the house floor. If it goes through House then Senate will vote on it and then the Prez signs it off.
So the most important thing is to participate in the phone campaign esp the one targeting CHC members.
I think bottom line is MAKE CALL ASAP . MORE YOU CALL MORE CHANCES WE HAVE..
So the most important thing is to participate in the phone campaign esp the one targeting CHC members.
I think bottom line is MAKE CALL ASAP . MORE YOU CALL MORE CHANCES WE HAVE..
more...
gcganapati
05-29 09:46 PM
Guys ,
Please vote yes and leve some comments
Please vote yes and leve some comments
mjULTRA
02-11 12:55 PM
i really liked all the entires, especially eilsoe's but i voted for soul's, because it didn't use the traditional 'to the edge' format, and he successfully broke out of the isometric only view.
Kit your castle was wild, was it done from a photograph?
Kit your castle was wild, was it done from a photograph?
more...
Lasantha
06-17 05:58 PM
OK! I just gave you two GREEN dots! :D
Sometimes there were some flaming but it happens. I still have a RED dot against me from Ms Hemione with whom I had an argument about illegals..
Sometimes there were some flaming but it happens. I still have a RED dot against me from Ms Hemione with whom I had an argument about illegals..
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reddymjm
05-15 04:12 PM
This guy manhandled his wife and was in the jail for one day. Read his previous post in this forum. Why you are so compassanate for a women beater. ?. Now he want to marry another women. Who knows he will do same thing to her also?. Munna Bhai read his post and comment. IV is for good cause; not for people with criminal behaviour.
Good catch.
Good catch.
more...
rajurajesh
11-19 02:16 PM
I filed I-140/1-485 concurrently July 4th. Got my EAD and AP. I-140/1-485 still pending. Is it true that you get FP notice only when your I-140 is approved?
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webm
12-27 09:29 PM
my PD is april 2001
and still waiting , & when we call ins we get a letter
still in processing time :(
what can we do?
Its shocking..really you deserve to get GC soon..
BTW,what is your 485 RD/ND and service center?? and they say still in processing time:confused:
and still waiting , & when we call ins we get a letter
still in processing time :(
what can we do?
Its shocking..really you deserve to get GC soon..
BTW,what is your 485 RD/ND and service center?? and they say still in processing time:confused:
more...
kaisersose
05-29 07:22 PM
Xenophobia (fear of foreigners) has always been high in the US, though not always on the surface. Most probably we remind them of their own history of invading the native american's land, killing him and occupying his land.
Back in the 1850s, Ireland went through the great potato famine which killed millions. A number of survivors migrated to the US where they met with hostility from local Americans who were scared these foreigners would take away their jobs. This has been going on since 150 years and is not a recent development.
In 1997, unemployment in the US was zero and so no American felt threatened by foreign presence. The sun was shining, the birds were chirping and everything was hunky-dory for new immigrants. However, the situation is considerbly different today with increased outsourcing and brown desis seen everywhere in the US - especially in walmarts.
With all this, it is inevitable that an immigration reform that will put an end to all our woes is not going to happen. However, we can try our best and hopefully expect at least some reprieve in the forthcoming revamp. If not, then we have Bangalore, Hyderabad and Noida where we do not have to spend an average of 2 hours everyday brooding over immigration issues.
Back in the 1850s, Ireland went through the great potato famine which killed millions. A number of survivors migrated to the US where they met with hostility from local Americans who were scared these foreigners would take away their jobs. This has been going on since 150 years and is not a recent development.
In 1997, unemployment in the US was zero and so no American felt threatened by foreign presence. The sun was shining, the birds were chirping and everything was hunky-dory for new immigrants. However, the situation is considerbly different today with increased outsourcing and brown desis seen everywhere in the US - especially in walmarts.
With all this, it is inevitable that an immigration reform that will put an end to all our woes is not going to happen. However, we can try our best and hopefully expect at least some reprieve in the forthcoming revamp. If not, then we have Bangalore, Hyderabad and Noida where we do not have to spend an average of 2 hours everyday brooding over immigration issues.
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naveenkprasadam
04-13 12:35 PM
I got this crazy ideas earlier this week something like hiring a billboard space or some advertisement space in a popular newspaper.But this one is pretty sophisticated.
more...
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maine_gc
08-07 03:38 PM
My PD is Nov 2004.
I do not have any dreams of my 485 being cleared this month as my I140 is pending at TSC since April 2007. Just last week we got an RFE and the attroney is working on the response.
I do not have any dreams of my 485 being cleared this month as my I140 is pending at TSC since April 2007. Just last week we got an RFE and the attroney is working on the response.
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Harivinder
05-16 11:33 AM
I don't understand. The post above does not even include the bill for US masters STEM
I am kind of disappointed with the response to the idea of calling our respective University presidents knowing that there voice will be heard. All we need to do is convince the university presidents to speak for us?
I am kind of disappointed with the response to the idea of calling our respective University presidents knowing that there voice will be heard. All we need to do is convince the university presidents to speak for us?
more...
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gc_chahiye
08-10 12:35 PM
Perm filers hate LS guys as they went ahead of line...
Backlog guys hate Perm filers as they went ahead of line...
Eb3 guys hate EB3-EB2 conversion guys as they went ahead of line...
....and it goes on.
This shit never ends!!!:(
Strangely, everything is done within the scope of law!
:D also the EB2 guys hate the EB3-EB2 conversions as those guys also jumped to a faster line pushing these EB2'ers back...
Hope enough people show up at the DC rally and IV can get the legislators to do something about all these lines so there is no need for line jumping...
Backlog guys hate Perm filers as they went ahead of line...
Eb3 guys hate EB3-EB2 conversion guys as they went ahead of line...
....and it goes on.
This shit never ends!!!:(
Strangely, everything is done within the scope of law!
:D also the EB2 guys hate the EB3-EB2 conversions as those guys also jumped to a faster line pushing these EB2'ers back...
Hope enough people show up at the DC rally and IV can get the legislators to do something about all these lines so there is no need for line jumping...
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akhilmahajan
07-10 10:18 AM
I think we should dedicate one day on leaving messages at his show. Lets make it a saturday/sunday. All the members can leave messages, asking him to be fair.
I know a lot of ppl will come back saying its of no use blah blah............
whole idea is to try. If ppl only get motivated by results, then there is no point trying at all...........
I know a lot of ppl will come back saying its of no use blah blah............
whole idea is to try. If ppl only get motivated by results, then there is no point trying at all...........
more...
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mammoy2k
09-09 07:04 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.
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.
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.
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sunny1000
07-13 11:38 PM
Congrats and good wishes! Thank you for your support to IV. Appreciate it.
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ramus
06-20 06:16 AM
Congratulation...
I hate to see you leaving, you need to fight for others. Who knows somebody close to you might get stuck in this mess. IF everybody leave just because they got what they need than its not fair. If you think IV has helped you in any way then each of us put some effort to help IV and its members.
Again congrates and hope you become more active in coming days.
Thanks.
Guys Got approved today morning........... Thanks to everyone on this forum for infinite information........... Will be back when ready for the Citizenship application..................:D
--------------------------------------------------------------------------------
*** DO NOT RESPOND TO THIS E-MAIL ***
The last processing action taken on your case
Receipt Number: LIN0XXXXXXXX
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
On June 19, 2007, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.
Sincerely,
The U.S. Citizenship and Immigration Services (USCIS)
-------------------------------------------------------------------------------
PD- Dec 2002, I485-RD- Dec 2003.
I hate to see you leaving, you need to fight for others. Who knows somebody close to you might get stuck in this mess. IF everybody leave just because they got what they need than its not fair. If you think IV has helped you in any way then each of us put some effort to help IV and its members.
Again congrates and hope you become more active in coming days.
Thanks.
Guys Got approved today morning........... Thanks to everyone on this forum for infinite information........... Will be back when ready for the Citizenship application..................:D
--------------------------------------------------------------------------------
*** DO NOT RESPOND TO THIS E-MAIL ***
The last processing action taken on your case
Receipt Number: LIN0XXXXXXXX
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
On June 19, 2007, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.
Sincerely,
The U.S. Citizenship and Immigration Services (USCIS)
-------------------------------------------------------------------------------
PD- Dec 2002, I485-RD- Dec 2003.
ThinkTwice
08-27 07:23 PM
Effort in any form - physical, financial, mental or emotional is welcome and needed for this effort.
I am certain you can contribute in atleast one if not more than one of these ways.
This is OUR effort, we are not doing this for charity here .. we are doing this for our own selfish selves... so please participate.
I am certain you can contribute in atleast one if not more than one of these ways.
This is OUR effort, we are not doing this for charity here .. we are doing this for our own selfish selves... so please participate.
gauravster
05-18 04:42 PM
getting a seperate quota for Masters from US has some teeth. The Congress passed a legislation for additional 20K visas for people with US masters. To match things up with the EB visas, there is need for additional numbers. We can thus argue for an there needs to be additional numbers for EB masters quota.
I think this might resonate with the congress. Unless everyone is just waiting for something big.
I think this might resonate with the congress. Unless everyone is just waiting for something big.
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