spindoctor
07-19 07:42 PM
this is a good response, seconding it.
Yes, and unfortunately meaningless for me, because my current company won't do an H1 for me. When I joined this new company on EAD, they clearly told me that maintaining valid immigration status is my headache. They won't file any applications to US govt for me. It was made absolutely clear to me. :-(
To OP: Even if you moved to EAD you can come back to H1. If dates had not moved so much to make your PD current, what was your plan for your wife?
B1 visa of course. :-) . Hey, as I said, I did not think about intent issues at that time. Hindsight is always 20-20. But the deed is done. I never look back. In my dictionary, there is no such word as "should have". I either do something or don't do something. Only losers think they "should have" done something.
B1/F1 is not a good idea (immigration intent is obvious, and it will catch up with you at some point most probably during 485 processing and could result in a rejection). It looks like H1-H4 is the best option if you two lovebirds want to be together.
Yes, it does seem so. But I hate to jump to a third company just to get an H1. Let me see if what are my options now.
If you do get approved early, then as someone else has said, use follow-to-join to bring her back here.
Also, using cruel in the thread title is uncalled for.
Hey guys, just go easy on that. As I already mentioned, it was a weak attempt at humor which went over the head of most people. In any case, this looks like another of my deed which is done and refuses to be undone now. I tried to change the title of the thread but could not do so.
The root cause of most of your problems here seems to be the decision to invoke AC-21 using EAD instead of using H1. If you dont mind sharing: why did you jump to EAD knowing that it would mean your wife would be out of status and would have to return to India?
Too many issues at that time. Old h1 was anyway expiring soon. Desi bodyshoper employer was going nuts sqeezing me dry. He was demanding money for everything from H1 extension to giving out compnay letters for GC related issues and thousands of such reasons. But as I already said.. it's done..it's done...
Yes, and unfortunately meaningless for me, because my current company won't do an H1 for me. When I joined this new company on EAD, they clearly told me that maintaining valid immigration status is my headache. They won't file any applications to US govt for me. It was made absolutely clear to me. :-(
To OP: Even if you moved to EAD you can come back to H1. If dates had not moved so much to make your PD current, what was your plan for your wife?
B1 visa of course. :-) . Hey, as I said, I did not think about intent issues at that time. Hindsight is always 20-20. But the deed is done. I never look back. In my dictionary, there is no such word as "should have". I either do something or don't do something. Only losers think they "should have" done something.
B1/F1 is not a good idea (immigration intent is obvious, and it will catch up with you at some point most probably during 485 processing and could result in a rejection). It looks like H1-H4 is the best option if you two lovebirds want to be together.
Yes, it does seem so. But I hate to jump to a third company just to get an H1. Let me see if what are my options now.
If you do get approved early, then as someone else has said, use follow-to-join to bring her back here.
Also, using cruel in the thread title is uncalled for.
Hey guys, just go easy on that. As I already mentioned, it was a weak attempt at humor which went over the head of most people. In any case, this looks like another of my deed which is done and refuses to be undone now. I tried to change the title of the thread but could not do so.
The root cause of most of your problems here seems to be the decision to invoke AC-21 using EAD instead of using H1. If you dont mind sharing: why did you jump to EAD knowing that it would mean your wife would be out of status and would have to return to India?
Too many issues at that time. Old h1 was anyway expiring soon. Desi bodyshoper employer was going nuts sqeezing me dry. He was demanding money for everything from H1 extension to giving out compnay letters for GC related issues and thousands of such reasons. But as I already said.. it's done..it's done...
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Openarms
06-01 01:55 PM
done.
Great site and very useful for all of us.
Great site and very useful for all of us.
iv_only_hope
06-04 05:16 PM
Ron,
"
E. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY
Demand for numbers, primarily by Citizenship and Immigration Services Offices for adjustment of status cases, is expected to bring the Employment Third preference category very close to the annual numerical limit in June. As a result, this category is likely to experience retrogressions or visa unavailability beginning in July. Such action would only be temporary, however, and a complete recovery of the cut-off dates would occur for October, the first month of the new fiscal year.
"
How do you see above message in the June Visa Bulletin? This means it is illegal to use all of them with in 3 quarters????
I don't wish to sound like Bill Clinton, but it depends on how you define "is." In this case, if they are using "annual limit" to mean the entire annual quota, then they are admitting that they have broken the law and issued too many visas in the first three quarters. Worse, they offer no explanation for having broken the law.[/COLOR]
Well, they could be talking about a subset of the annual quota, such as the quarterly quota. From the context, I don't think that is the case, but I'm also not used to seeing the State Department flat out admit illegality, either.
Well, if they do broke the law, can we do something about it? Like class action law suite???
Let's see if they did, first.
"
E. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY
Demand for numbers, primarily by Citizenship and Immigration Services Offices for adjustment of status cases, is expected to bring the Employment Third preference category very close to the annual numerical limit in June. As a result, this category is likely to experience retrogressions or visa unavailability beginning in July. Such action would only be temporary, however, and a complete recovery of the cut-off dates would occur for October, the first month of the new fiscal year.
"
How do you see above message in the June Visa Bulletin? This means it is illegal to use all of them with in 3 quarters????
I don't wish to sound like Bill Clinton, but it depends on how you define "is." In this case, if they are using "annual limit" to mean the entire annual quota, then they are admitting that they have broken the law and issued too many visas in the first three quarters. Worse, they offer no explanation for having broken the law.[/COLOR]
Well, they could be talking about a subset of the annual quota, such as the quarterly quota. From the context, I don't think that is the case, but I'm also not used to seeing the State Department flat out admit illegality, either.
Well, if they do broke the law, can we do something about it? Like class action law suite???
Let's see if they did, first.
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sandy_anand
11-02 12:54 PM
WOW...
In a matter of minutes my indicator has gone to 3 reds. Am I missing something... ?!!!
I guess people are in a bad mood on a Monday! Gave you a green :D
In a matter of minutes my indicator has gone to 3 reds. Am I missing something... ?!!!
I guess people are in a bad mood on a Monday! Gave you a green :D
more...
dilbert_cal
04-03 05:06 PM
Didnt think this would be so easy - My apologies to everyone for being a lazy person before - from the time of my last post till now, I've been able to get another 12 more webfaxes done through my friends and now they are talking to their friends ( not the common ones ) to get more faxes.
Moderator - Can you please post how many faxes are done as of now ?
Moderator - Can you please post how many faxes are done as of now ?
shalini_s_b
04-01 03:54 PM
hi, i have sent #10 web fax.
more...
DSJ
07-17 10:12 AM
Man I-485 Texas procesing dates went back to August 07 2006
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pappu
03-26 12:47 PM
I sent an email about 2 weeks back to sanjay and I still have not recd any documents that I need to schedule my appointments and what I need to talk about. Please send me an email or PM to give me the guidance.
Thanks from Michigan
Sanjay or Varsha will get in touch with you.
Thanks from Michigan
Sanjay or Varsha will get in touch with you.
more...
flipflop
11-18 12:41 PM
it is not wishful thinking ..dumbo ..it is a good idea but it doesnt / wont have much support as community is divided and happy with its ead.
money makes the mare go in this world ..say if the immigration community was united and if we were to lobby with the builders and car dealers who make contribution to the politicians then lot of bills would have passed behind the scenes ..earliar h1-b was for 6 years only ..how did the extension come ..behind the scenes the business lobby worked secretly.
Yeah right!! buying houses is all hunky-dory when you have all cushy jobs and economy is booming. When economy slows down there will be some people who may lose their jobs with 3000$ mortgages sitting on their head!! And that builder /bank who lobbied for you GC will come knocking on your door asking for payment.
And believe there are defaulters among these highly qualified legal immigrants too!
So again, how did you solve the housing slump problem in the first place???
money makes the mare go in this world ..say if the immigration community was united and if we were to lobby with the builders and car dealers who make contribution to the politicians then lot of bills would have passed behind the scenes ..earliar h1-b was for 6 years only ..how did the extension come ..behind the scenes the business lobby worked secretly.
Yeah right!! buying houses is all hunky-dory when you have all cushy jobs and economy is booming. When economy slows down there will be some people who may lose their jobs with 3000$ mortgages sitting on their head!! And that builder /bank who lobbied for you GC will come knocking on your door asking for payment.
And believe there are defaulters among these highly qualified legal immigrants too!
So again, how did you solve the housing slump problem in the first place???
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needhelp!
01-11 12:38 PM
Voting multiple times is not allowed, so this is going to be hard to track.
eg. If I vote right now that i have contacted congressman, I won't be able to come back and change my vote when the congressman sends the letter out.
eg. If I vote right now that i have contacted congressman, I won't be able to come back and change my vote when the congressman sends the letter out.
more...
skakodker
07-17 08:36 AM
Exactly. God foribid we lose our jobs. Before and after this announcement we are one bad earnings quarter away from being shipped back home. Its hard to enjoy life with stress like this.
jasquil
We recently experienced a miracle of unity through the hugely successful flower campaign. What a shot in the arm that was!
My suggestion to you is to keep an open mind, accepting that your circumstances aren't presently of your choosing. Once you acknowledge your stress and accept it, you will be in a better position to focus on other aspects of your life that you might be neglecting as a result of your stress - for instance, having fun.
Life is short. Choose to live.
jasquil
We recently experienced a miracle of unity through the hugely successful flower campaign. What a shot in the arm that was!
My suggestion to you is to keep an open mind, accepting that your circumstances aren't presently of your choosing. Once you acknowledge your stress and accept it, you will be in a better position to focus on other aspects of your life that you might be neglecting as a result of your stress - for instance, having fun.
Life is short. Choose to live.
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looivy
08-15 12:34 PM
My application was sent to Vermont instead of Nebraska service center on July 2nd . I have not got any reciept number and lawyer is not confirming if the checks are cashed.
I am not sure what will happen to the application. Should I refile? The FAQ did say that they will forward it to correct Service center, but I don't have confidence in how they will handle it.
Should I refile?
I am not sure what will happen to the application. Should I refile? The FAQ did say that they will forward it to correct Service center, but I don't have confidence in how they will handle it.
Should I refile?
more...
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rameshk75
02-13 12:36 PM
Thanks Shana..Even i had the same thought.. it should be the day we arrive in US...
To my know it should start from jun 05
To my know it should start from jun 05
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Almond
07-17 10:11 AM
September 14, 2006
Will you please tell me what date the I 765 "Based on a pending I-485 adjustment application [(c)(9)]" they're on? Thanks
Will you please tell me what date the I 765 "Based on a pending I-485 adjustment application [(c)(9)]" they're on? Thanks
more...
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sanju
09-09 11:25 AM
sanju,
you said: at some point uscis would send a request to you for employer verification?
why would they need that: as we have submitted that at the time flinig 485?
i dont know if the above is true only for consultancies?
i work in a big software corp and never heard of any queries at all?
approved 140, file 485, wait for 180 days, change jobs, no queries at all (irrespective of whether you change jobs or not)
am i missing something here?
thx
If 485 application is pending for longer time, say more than 2 years, I have seen that USCIS wants a reconfirmation from the employer that they continue to support the green card application for the position for which the application was originally applied. This is not just applicable to consulting companies alone. Any types of companies and applicants in any categories (Eb-1,2&3) could get RFE at the last stage of the process. So to have your application processed without a shred of a doubt, it is best to be in a position to reply that RFE anytime during the process.
you said: at some point uscis would send a request to you for employer verification?
why would they need that: as we have submitted that at the time flinig 485?
i dont know if the above is true only for consultancies?
i work in a big software corp and never heard of any queries at all?
approved 140, file 485, wait for 180 days, change jobs, no queries at all (irrespective of whether you change jobs or not)
am i missing something here?
thx
If 485 application is pending for longer time, say more than 2 years, I have seen that USCIS wants a reconfirmation from the employer that they continue to support the green card application for the position for which the application was originally applied. This is not just applicable to consulting companies alone. Any types of companies and applicants in any categories (Eb-1,2&3) could get RFE at the last stage of the process. So to have your application processed without a shred of a doubt, it is best to be in a position to reply that RFE anytime during the process.
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gsc999
09-09 06:55 PM
I can help in carrying stuff!
Plz pm me your ph number.
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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 ??
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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gc_on_demand
06-10 04:02 PM
Completely baseless and irresponsible statement from Mr. Gotcher!!!
He contradicts his own statements:
"If these statements are true, then the end of the current mess is in sight.
If the CIS really has wiped out its processing backlog, then when the "pre-adjudicated" cases are given visa numbers in the next fiscal year, cutoff dates should advance rapidly. At a minimum, we should see them return to February 2007 levels, if not closer."
CONTRADICTS:
" EB2 China and India: Outlook is "grim" and there may be further retrogressions until later in the fiscal year."
On what basis he thinks that EB3 India will have PD in 2001 but EB2 India will further retrogress (currently it is stuck in 1999):
"EB2 China and India: Outlook is "grim" and there may be further retrogressions until later in the fiscal year.
EB3 India: November 1, 2001"
AND THE MOST OUTRAGEOUS REMARK IS FOR CIR: Look at this:
"Of course, all of this becomes academic if CIR is passed. In that case, all priority dates will become "current" overnight and remain that way for years."
Yeah...right...this is same Mr. Gotcher who predicted that "if you do "consular processing" you will get your GC very soon as USCIS does not process cases"....Look what happened...
First of all he mentioned that 500k app in 2007 and then USCIS used 280k in 07 and 08. so 220k remaining. Dont forget that they opened gate till 2006 where so many people who got their labor cleared from backlog centers in 2007 ( Sep , after july 2007 thing ) applied.
So I would say out of 500k it didnot reduce 2 years but only 1 year ... so total left are 360k - 140k ( 2009 ) = 220k remaining. Now that they have pre adjucted 110k so 110k left. If they stop accepting new app for next 2 years then they can clear all mess in 2 years but law prevent them to do so...... so end of mess for ROW contries is near ( with improved USCIS process )... but for India out look is grim as law prevent india to get more than 3k if there is more demand from ROW and Eb4 and Eb5.
also If CIR passes and they add recapture then it will make dates current becasue those visa go on oldest app first. ( God knows who is oldest here ) but given that india has lot more app pending in back those recapture can clean lots of indian backlog while new supply keep going to ROW countries.
To me the bottom line is " VISA RECAPTURE " either law suit way or congress through.............. other than pack ur bag and head to wards home.... ( specially people like us who didnot file AOS and very tough to be on h1b after 6th year is over ) ..
He contradicts his own statements:
"If these statements are true, then the end of the current mess is in sight.
If the CIS really has wiped out its processing backlog, then when the "pre-adjudicated" cases are given visa numbers in the next fiscal year, cutoff dates should advance rapidly. At a minimum, we should see them return to February 2007 levels, if not closer."
CONTRADICTS:
" EB2 China and India: Outlook is "grim" and there may be further retrogressions until later in the fiscal year."
On what basis he thinks that EB3 India will have PD in 2001 but EB2 India will further retrogress (currently it is stuck in 1999):
"EB2 China and India: Outlook is "grim" and there may be further retrogressions until later in the fiscal year.
EB3 India: November 1, 2001"
AND THE MOST OUTRAGEOUS REMARK IS FOR CIR: Look at this:
"Of course, all of this becomes academic if CIR is passed. In that case, all priority dates will become "current" overnight and remain that way for years."
Yeah...right...this is same Mr. Gotcher who predicted that "if you do "consular processing" you will get your GC very soon as USCIS does not process cases"....Look what happened...
First of all he mentioned that 500k app in 2007 and then USCIS used 280k in 07 and 08. so 220k remaining. Dont forget that they opened gate till 2006 where so many people who got their labor cleared from backlog centers in 2007 ( Sep , after july 2007 thing ) applied.
So I would say out of 500k it didnot reduce 2 years but only 1 year ... so total left are 360k - 140k ( 2009 ) = 220k remaining. Now that they have pre adjucted 110k so 110k left. If they stop accepting new app for next 2 years then they can clear all mess in 2 years but law prevent them to do so...... so end of mess for ROW contries is near ( with improved USCIS process )... but for India out look is grim as law prevent india to get more than 3k if there is more demand from ROW and Eb4 and Eb5.
also If CIR passes and they add recapture then it will make dates current becasue those visa go on oldest app first. ( God knows who is oldest here ) but given that india has lot more app pending in back those recapture can clean lots of indian backlog while new supply keep going to ROW countries.
To me the bottom line is " VISA RECAPTURE " either law suit way or congress through.............. other than pack ur bag and head to wards home.... ( specially people like us who didnot file AOS and very tough to be on h1b after 6th year is over ) ..
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cjagtap
08-14 07:46 AM
Yes, there is no point in re-filing,rather it will create confusion. I spoke to USCIS ,at this point the fedex receipt no. is good enough ,to prve that your application reached service center,before 17th august . Now it makes sense to just wait for the receipt.
glus
04-13 12:09 PM
I am sure this is the right place to ask such questions but I could not find other thread to post my question.
When we file for I-485, what document do we need to attach to the I-485 form?
Do we need valid Passports?
In general a person who is in the US should have a valid and unexpired passport at all times. In addition, there is a whole loooooong list of documents that you attach to the I485- your attorney should advise you on this. The most important once for employment based immigration are documents showing legal status up until the I485 application and current offer letter from your company. There are many many more documents you need to provide...search the net for the necessary documents...
When we file for I-485, what document do we need to attach to the I-485 form?
Do we need valid Passports?
In general a person who is in the US should have a valid and unexpired passport at all times. In addition, there is a whole loooooong list of documents that you attach to the I485- your attorney should advise you on this. The most important once for employment based immigration are documents showing legal status up until the I485 application and current offer letter from your company. There are many many more documents you need to provide...search the net for the necessary documents...
shana04
02-12 06:32 PM
USCIS TEXAS SERVICE CENTER
RE: AC21 UNIT � CHANGE OF EMPLOYER
4141 N. ST. AUGUSTINE RD.
DALLAS, TX 75227
RE: AC21 USAGE FOR CHANGE OF EMPLOYMENT (I-140
APPROVED, I-485 PENDING MORE THAN 180 DAYS, SAME/SIMILAR JOB
TITLE/DUTIES)
Name: xxxxxxxxxxxxxxx
A#:
Labor Certification #:
I-140 Receipt #:
I-485 Receipt #:
DOB:
Spouse:
A#:
DOB:
Dear Sir/Madam
In regards to this request to utilize �The American
Competitiveness in the Twenty-First Century Act of 2000 (AC21)� which allows for a change of employer on any approved I-140 and I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition.
(Attached for your reference are relevant portions of AC21.)
The memo lists two preconditions for eligibility to change jobs- I485 is pending
UN adjudicated for 180 days or more and the new job is in the similar occupational classification as the job for which the certification was initially made in section 106(c).
In the present case, my client has had an H-1B transfer filed for him, and is utilizing
AC21 provisions for a new job with the same title and duties as the former. Please find attached a letter from the current employer regarding the job title, duties and salary. I therefore respectfully request that your office should adjudicate my client�s I-485 accordingly under AC21 provisions. Should you have any further questions, please do not hesitate to contact me.
I have attached the following requisite documentation including:
Attach all the copies (Receipts - I-129, I-140, I-485, I-765, I-131) that you have
Employment offer letters, EAD copies, Labor Certification Approval copy (first page)
All other documents that you can support for AC21
Please do not hesitate to contact me should you require any additional documentation.
Regards,
Xxxxxxxxxxxx
RE: AC21 UNIT � CHANGE OF EMPLOYER
4141 N. ST. AUGUSTINE RD.
DALLAS, TX 75227
RE: AC21 USAGE FOR CHANGE OF EMPLOYMENT (I-140
APPROVED, I-485 PENDING MORE THAN 180 DAYS, SAME/SIMILAR JOB
TITLE/DUTIES)
Name: xxxxxxxxxxxxxxx
A#:
Labor Certification #:
I-140 Receipt #:
I-485 Receipt #:
DOB:
Spouse:
A#:
DOB:
Dear Sir/Madam
In regards to this request to utilize �The American
Competitiveness in the Twenty-First Century Act of 2000 (AC21)� which allows for a change of employer on any approved I-140 and I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition.
(Attached for your reference are relevant portions of AC21.)
The memo lists two preconditions for eligibility to change jobs- I485 is pending
UN adjudicated for 180 days or more and the new job is in the similar occupational classification as the job for which the certification was initially made in section 106(c).
In the present case, my client has had an H-1B transfer filed for him, and is utilizing
AC21 provisions for a new job with the same title and duties as the former. Please find attached a letter from the current employer regarding the job title, duties and salary. I therefore respectfully request that your office should adjudicate my client�s I-485 accordingly under AC21 provisions. Should you have any further questions, please do not hesitate to contact me.
I have attached the following requisite documentation including:
Attach all the copies (Receipts - I-129, I-140, I-485, I-765, I-131) that you have
Employment offer letters, EAD copies, Labor Certification Approval copy (first page)
All other documents that you can support for AC21
Please do not hesitate to contact me should you require any additional documentation.
Regards,
Xxxxxxxxxxxx
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