Rabu, 22 Juni 2011

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  • indyanguy
    12-18 06:45 PM
    I agree with you. It's not required by law to file any AC21 papers so the USCIS cannot do much. Also, the green card cannot be revoked after 5 years so by the time you apply for citizenship, the USCIS cannot do anything bad to you. Worst case, they will ask about it during the citizenship interview so it's a good idea to keep your employment offer handy. But it's very unlikely and I really doubt they can deny your citizenship based on this. That's why I see no drawbacks in not filing AC21 and no benefits in filing it if you know that I-140 won't be withdrawn. My advice would be to take an employment letter from current employer and keep it in case the USCIS asks for it. There is no need to cause troubles for yourself by letting the USCIS know about it.

    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?





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  • Kitiara
    02-13 05:05 AM
    I can scarcely believe it... Although I have to say that it would have been impossible to choose between the two entries. Perhaps this is the fairest result in the end. :)

    Actually, I think results from three battles need to be put up - this one, the cartoon characters one and the line art one. Are there any more that haven't had the reults officially put up?





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  • willIWill
    11-02 12:31 PM
    It is that time again, the eager wait for the next month's Visa bulletin. It is almost like a monthly ritual for many.

    Although there is no clear logic to the movements, there are folks in the line that hold some hope that this might be the one that will get them closer to the GC counter. (happens every month ! :p)

    Since predicting VB dates is as close to pulling stuff out of thin air. My gaze in the crystal ball tells EB2-I and EB2-C to be the same: Feb 05 (hoping for a quarterly spill over in Jan 2010 :) )

    As for Eb3 even the crystal ball turns foggy. I very much wish EB3-I sees some forward movement in the upcoming bulletin; may be at par with or at least close to ROW/China/Mex/Phil.

    Let the Gazing Start... ;)





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  • shantak
    08-23 09:00 AM
    I can guarantee that u r screwed for next 3+ years if it was EB2 and next 6+ years if it was EB3.
    Well, go ahead and cry in the bathroom now instead of actively supporting IV.

    How can you be so mean specially at a time when he is under tremendous pressure. IV should try to comfort him and suggest him some alternatives. Contact your attorney ASAP and ask him to try to have a good write up and send the application again, who knows USCIS might accept your application (worst case ur app will come back again), but make it fast dont delay anymore.



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  • eb3retro
    07-08 08:18 PM
    you are right ron hira..this dude chickened out once we started to expose him.

    eb3retro, i think u & i need not as much worry about oscarzumaran et al..... as we should worry about those who remain silent..... day after day....





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  • VSS2007
    08-26 12:02 PM
    My AP is expiring very soon. I do not have any travel plans to India in 6 months from now. Is it mandatory that I have to renew the AP before the old one expires?

    Thanks in advance.
    Ram



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  • USDream2Dust
    04-08 02:52 PM
    I wonder nobody cares now that they have got capgap relief and extended OPT. But I wonder what will happen when finally a student after 29 months of OPT apply and this would keep on accumulating. It would get very dirty and ugly for students to even reach to Green Card stage. Forget about retrogression :(





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  • vghc
    07-25 11:08 AM
    Do this: Be happy with what you already have and expect (don�t worry) more good things in life. Just compare with somebody who doesn't even have food, clothes, shelter, health care, etc... in their lives.

    You are VERY fortunate to make it to US and living a decent life than most of the Indians.

    Cheer up....

    Yup, i went back to my homecountry in February after 10 years away from home and trust me, our lives here are good. People back there will trade your place in a heartbeat. Just be glad that you are in the pipeline for a PR.



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  • vin13
    06-24 04:17 PM
    From Washington Post:Senate Subcommittee Chair Lays Out Priorities for Immigration Reform - washingtonpost.com (http://www.washingtonpost.com/wp-dyn/content/article/2009/06/24/AR2009062402244.html?hpid=moreheadlines)

    Congress can pass a comprehensive overhaul of the nation's immigration laws as soon as this year if it prioritizes a crackdown on illegal immigration, including a new national identity card that will verify workers' eligibility, Sen. Charles E. Schumer (D-N.Y.) said today.

    Speaking one day before President Obama is to host lawmakers from both parties at the White House to discuss prospects for an immigration bill, the head of the Senate's main immigration subcommittee laid out key legislative priorities, including requiring that an estimated 12 million illegal immigrants register with the government and "submit to a rigorous process to convert to legal status" or face immediate deportation.

    Legislation must also create mechanisms to attract high-skilled immigrants, control the flow of low-skilled immigrants and protect native-born workers, Schumer said, without providing specifics. He did not propose an expanded guest-worker program, a linchpin of overhaul efforts that failed in 2006 and 2007 under President George W. Bush.

    In laying down a road map for legislation, Schumer set the groundwork for tomorrow's White House meeting, a long-awaited session that immigrant advocates and Latino leaders have demanded as proof that Obama will fulfill a campaign pledge to move forward on immigration legislation this year.

    Schumer said he expects Obama to show his "unyielding commitment" toward the goal but demanded that advocates recognize that Democrats must show the American people they believe that "illegal immigration is wrong -- plain and simple."

    "All of the fundamental building blocks are in place to pass comprehensive immigration reform this session and, even possibly, later this year," Schumer said. "I truly believe that [President Obama's] leadership will be the critical difference in getting us over the hump this time around."


    However, Schumer added, "the American people will never accept immigration reform unless they truly believe their government is committed to ending future illegal immigration. . . . Advocates understand the need to embrace this principle during the current debate."

    As examples, the New York Democrat -- who has taken the lead in the Senate immigration debate in the place of the ailing Sen. Edward M. Kennedy (D-Mass.), who is focusing on health-care legislation -- said the federal government must achieve "operational control" of the nation's borders within a year and develop new ways to enforce laws against hiring illegal immigrants.

    Schumer's proposal for a national "biometric" identification system to verify work documents -- based on fingerprints, iris scans or digital photographs -- stems from a key weakness of past immigration overhaul efforts. A 1986 law required workers to fill out I-9 forms and present identification documents, but it lacked provisions to crack down on unscrupulous employers or job seekers with fake IDs, creating a booming fraudulent ID industry.

    "I'm sure the civil liberties groups will object to some type of biometric card -- it will be something with all kinds of protections -- but we're going to have to do it. It's the only way to do it," Schumer said, referring to enforcing laws against hiring illegal immigrants.





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  • hopelessGC
    04-13 05:27 PM
    Well done



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  • repy_ram
    06-24 01:25 PM
    Got the following email from USCIS.

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Card production ordered.

    On June 22, 2007, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the 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.

    At last after waiting for 5 long years got my GC approved on 22 Jun07!!

    Don't want anybody to be stuck in the process for 5-10 years. Will be supporting this team till we reach our goals. And I really hope we do..

    Thanks to IV & all my friends over here, for keeping me sane during this time :)





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  • nirenjoshi
    06-27 08:56 AM
    You have already got your case approved. Then why do you mention " ... shall we all unite and file the applications ..." This is like Al Gore wasting energy in his own office and preaching to the world to reduce global warming.

    I dont see any merit in your suggestion. Rather to the cynical eye, it all seems sinister.




    I understand that there is lot of fear among applicants that USCIS might retrogress the dates interimly sometime in july due to the expected high volume of applications filing in the begining of july.

    To minimize the chance of USCIS from taking any such steps, shall we all unite and file the applications on a specific date in july probably on 30th of july? This will accomodate all applicants...so that we shall all be winners and use this opportunity to our advantage instead of competing amongst each other...where only a few will be winners and others will be loosers.

    This will also reduce the pressure among applicants , attorneys and doctors.

    Can the AILA cooperate? Will there be unity amongst applicants to make this possible??? any ideas ??



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  • mirage
    03-11 05:23 PM
    Probaby you didn't see the whole list...
    From Your Petitioner:
    � A copy of the petition with all supporting documents as filed to USCIS.
    � A copy of the employment contract or letter of agreement signed by you and the petitioner.
    � Petitioner�s Income Tax Return for the last two tax years and financial statements.
    � A notarized list of all the petitioner�s employees of the job site listed. The list should show all employees� names, their specific job titles, start and end dates, and their individual salaries and immigration status.
    � State Unemployment Wage Reports, showing all wages paid to each employee in the state, for the past three quarters. (This should be the actual forms filed to the State authorities listing each employee and wages paid during the quarter.)
    � A letter from the client company sponsoring the project and a copy of the contract between the U.S.-based petitioner and the client company, stating the timing, terms and agreement for your project.
    � A copy of the contract between the U.S. employment agency (petitioner) and the job site (the location where you will actually work).
    � A letter (on letterhead) from the personnel department at the U.S. job site stating that there is a vacancy for you.
    � A detailed and specific description of the internal development project to which you will be assigned. Include a complete technical description of the project, employer, timeline, current status, number of employees assigned, worksite location, and marketing analysis for the final product.


    I find the requirements for H/L visa at Hyderabad quite legit.

    Asking employer (petitioners) last 2 years tax filing records + State Unemployment Wage Report + list of employees ensures that Petitioner really has a job offered ready and is not just a plan shop which would get head-count and hold them on zero/less pay on bench while they find a client.

    Currently this is what is happening in certain cases which is considered a fraudulent use of the visa.


    As a result of ramped fraud (On bench w/o assignment and not paid salary in full) the consulate is asking for all paystub and bank statements (which would show regular pay check deposits) to prove that petitioner (employer) did really pay regular salary. Otherwise, both petitioner and employee are de-frauding by not paying (employer) and not reporting (employee).

    What's wrong in asking these documents?





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  • chantu
    09-19 06:29 PM
    http://news.bbc.co.uk/2/hi/south_asia/7002296.stm



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  • rvr_jcop
    02-17 05:18 PM
    it probably means.. they are opening each and every mail they have recived and checking if the docs are in order or not..if they are.. they file it...else they send an RFE...

    i dont understand..how someone can be so f@#$% dumb as not know this simple procdure..

    there are so many posts..i got a LUD what not.... its annoying...
    its like.. USCIS touched my lu(n)d..will i get a GC now..

    grow up ..
    i may have offended some purists on this board.... idgaf..<:-|

    I understand your frustration but people here are just wondering if they get LUD, are they also getting RFE, if you see the posts above, lot of fols who sent the apps in that period got LUDs. It doesnt hurt to follow the trend. So be cool ..

    And we certainly dont need the 'language' here.





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  • texanmom
    01-21 10:46 AM
    I have been busy the last 2 weekends collecting signatures from all my friends, neighbors and colleagues.

    2 parties, 3 play dates and 10 days later, I have managed to get a total of 53 letters signed. I will be posting all of them today.

    Please do your part in sending in signed letters. It is really easy, especially if you have the templates ready. This is going to be a big win for IV if we can accomplish it.



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  • kaisersose
    06-06 10:48 AM
    My manager surprised me today saying that I was promoted yesterday from a programmer analyst to a systems analyst. I have an approved i-140 and have filed my 485. My priority date for EB3 is current. I also have a 3 year extension of H1B.

    There is no change in the job responsibilities.

    Question:

    1. How soon should I file my AC21 request?
    2. What is the impact of this promotion on my H1B?
    3. I have waited for 7 years and I may be close to getting my Green Card. How does the AC 21 impact my pending 485?

    I declined my promotion. My manager said that it would take a lot of effort to unwind this promotion. He was not pleased with my request.

    Any ideas?

    I am sorry, but this is just plain paranoia that seems to affect a lot of GC holders & aspirants. I have a friend who was worried about changing jobs as it was only 6 months since he got his GC!

    You are *not* required to file AC21. Even if you do, in your case, it should present no problems at all, as your role & responsiblities have hardly changed.

    It is not a wise approach to deny a promotion when you are not clear about the law. First be clear on the law and then make such important decisions.





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  • missourian
    05-29 05:34 PM
    Just I got the success message, it's working!!!





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  • lazycis
    12-20 08:48 PM
    Good read here:

    Risk of GC Rescission for Failure to Notify Change of Job / Employer!

    http://www.murthy.com/news/n_risres.html

    http://www.murthy.com/news/n_apprea.html

    "The particular case has been issued a NOIR on the basis that the employer revoked the I-140 petition and there was no information on record indicating a qualifying position under AC21."

    That's the whole point. If you know that petitioning employer will not withdraw I-140, there is no need to notify the USCIS about the job change. Obviously it's in someone's best interest to notify the USCIS of invoking AC21 if there is a risk of I-140 withdrawal.

    And at the end, the GC was not rescinded even though the person did not notify the USCIS about AC21:

    "After about eight months of persistent follow-up on our part with the various federal agencies and AILA, we received a favorable decision for our client. It stated that, upon further consideration, the grounds for the rescission did not apply and that, after a complete review of the record of proceeding, the original approval of the Adjustment of Status Application was reaffirmed."





    dupedinjuly
    07-13 04:44 PM
    DREAM act does not benefit Highly Skilled Immigrants in anyway. Let someone else lobby for it. If you think there is something important that affects/benefits us, then please post that.





    ujjwal_p
    06-05 03:38 PM
    I am not sure. Here is what my opinion is :


    I think he posts spicy messages on his forum to market himself. He uses strong language against USCIS to gain support from his prospective clients.

    Has he ever stood up for immigrants other than writing strong worded posts? Give me examples as I do not know any? I may be wrong in my assumption.

    He's a lawyer, a businessman, not an applicant nor a politician. So expecting him to stand up for anything but his business is lunacy.

    I can say one thing though, I haven't see any lawyer going about providing free advice like he does. I visit his site pretty much everyday and he is very active in responding to people's queries on the forums. I think that says a lot about him. I am not sure what your "spicy messages" reference is. If its about him making statements about USCIS inefficiency, thats an open secret and the fact that he makes statements like those goes back to counter your own point about him not standing up for immigrants, which as I said before none of us should expect him to anyway.



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