kaisersose
03-07 10:54 AM
AC21 is simple and requires nothing from the new employer other than the offer letter.
Rajiv Khanna charges big bucks to send out the AC21 letter, but he also clearly said his services are necessary only for complex cases. A straightforward case does not require any attorney.
However, there are people who are scared of every little thing in life and if such people - though their cases are straightforward - still want to pay up $3k to lawyers for sending out the letter, lawyers are not going to turn them away.
Rajiv Khanna charges big bucks to send out the AC21 letter, but he also clearly said his services are necessary only for complex cases. A straightforward case does not require any attorney.
However, there are people who are scared of every little thing in life and if such people - though their cases are straightforward - still want to pay up $3k to lawyers for sending out the letter, lawyers are not going to turn them away.
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sam_hoosier
12-05 04:52 PM
There is clear guidance in that H1-B petitioner seeking extension does not have to be the same employer that had filed (and approved) the I-140. Once you have an approved 140, anyone can extend your H1 for 3 years
Where can I find that documentation ?
Where can I find that documentation ?
qesehmk
02-12 01:28 PM
pbuckeye, , You are still more concerned about what immigration body shop has to say than the facts and numbers on the ground. I am confused :confused:
This whole thread is about what Ron Gotcher published. I didn't start this thread. I am only contributing my view that based on available information some things make sense and some dont. The things that do make some sense is wastage of visa numbers in 2010. We have some facts to support the "theory" but not enough.
What doesn't make sense is Ron's assertion that USCIS wasted 13K EB visas in 2009. Facts simply don't support that.
Does this help? (Again this is my view... don't want to push it onto others)
This whole thread is about what Ron Gotcher published. I didn't start this thread. I am only contributing my view that based on available information some things make sense and some dont. The things that do make some sense is wastage of visa numbers in 2010. We have some facts to support the "theory" but not enough.
What doesn't make sense is Ron's assertion that USCIS wasted 13K EB visas in 2009. Facts simply don't support that.
Does this help? (Again this is my view... don't want to push it onto others)
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Raghunadh Polavarapu
08-10 02:36 PM
EB-3 keyboard tigers are back to discuss how to get GC'ssssss:rolleyes::rolleyes::rolleyes:
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rimzhim
04-04 03:46 PM
That is a good question. And here is a reply to that.
Why does IEEE oppose H1? Because its members do not like competition from people whose profile match IV members i.e. people on H1B. If IEEE would be in love with green card and people waiting on green card, they would not support John Miano and his testimony. IEEE-USA's memberships consist of middle aged racist engineers who cannot keep up with the competition from mostly Asian younger workers. In the 80s and 90s, they were talking about globalization and its benefits as they got a jump start to get most of the global work. Now, other people in other nations have caught up and same globalization is causing them to pee in their pants. They understand that globalization is good for the country and the society. But what is good for the nation is not always good for each and every individual. So to save their lazy ass, they now want protection from their government, without realizing that if they get the protection they are seeking, they will not be able to enjoy that protection for very long as the companies will be compelled to look for more efficient and cost effective ways to do work.
Anyways, answer to your question is in your question i.e. How could someone be against H1b and for green card?
are you aware of the fact that IEEE actually lobbied to get a special quota of H1B for US-educated folks? these folks who fill this 20K quota are foreigners and by your logic will definitely be competing against these "racist" ppl. Because of the principled stand IEEE has taken, it continues to have clout.
Why does IEEE oppose H1? Because its members do not like competition from people whose profile match IV members i.e. people on H1B. If IEEE would be in love with green card and people waiting on green card, they would not support John Miano and his testimony. IEEE-USA's memberships consist of middle aged racist engineers who cannot keep up with the competition from mostly Asian younger workers. In the 80s and 90s, they were talking about globalization and its benefits as they got a jump start to get most of the global work. Now, other people in other nations have caught up and same globalization is causing them to pee in their pants. They understand that globalization is good for the country and the society. But what is good for the nation is not always good for each and every individual. So to save their lazy ass, they now want protection from their government, without realizing that if they get the protection they are seeking, they will not be able to enjoy that protection for very long as the companies will be compelled to look for more efficient and cost effective ways to do work.
Anyways, answer to your question is in your question i.e. How could someone be against H1b and for green card?
are you aware of the fact that IEEE actually lobbied to get a special quota of H1B for US-educated folks? these folks who fill this 20K quota are foreigners and by your logic will definitely be competing against these "racist" ppl. Because of the principled stand IEEE has taken, it continues to have clout.
ajthakur
07-14 06:41 PM
You are correct. I joined the new employer on H1 B transfer. I didnt use AC21(ead)to work for my new employer.
Nowhere in this post, do I see the fact that the OP used AC21 when he moved in August 2007.
Does not AC21 come in when you have used EAD to move instead of a H1 transfer?
In my understanding, by doing a H1 transfer rather than invoking AC21, the OP preserved the status of the original petition unless the employer revoked the I140 for fraud. If that's the case, shouldn't the RFE be worded differently?
If that's not the case, all the OP has to do is craft a response to the RFE with an Employment Verification Letter from his current employer attesting to the similar nature of job etc.. and move forward.
Either way, an attorney would be the safest bet..
Nowhere in this post, do I see the fact that the OP used AC21 when he moved in August 2007.
Does not AC21 come in when you have used EAD to move instead of a H1 transfer?
In my understanding, by doing a H1 transfer rather than invoking AC21, the OP preserved the status of the original petition unless the employer revoked the I140 for fraud. If that's the case, shouldn't the RFE be worded differently?
If that's not the case, all the OP has to do is craft a response to the RFE with an Employment Verification Letter from his current employer attesting to the similar nature of job etc.. and move forward.
Either way, an attorney would be the safest bet..
more...
nk2007
07-18 12:34 PM
Some of you have been concerned about my post regarding the rejection of some applications received on July 2nd. I've been checking and it seems to be true that some cases were sent back that day. Apparently, the number of cases sent back is small, however, so that is good news. And you should have received the case back by now if you're in that group. For everyone else, the way you will likely find that your case is being processed will be if the check is cashed. I would give this a few days and keep checking with the bank to see if the payment has cleared and this will be a lot faster in all likelihood than waiting on a receipt. Obviously, check with your lawyer on this.
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monkeyman
09-27 10:28 AM
I have worked in France and Belgium for a little over an year and this is my personal experience - the work environment at that time 2000 - 01 was alright. However, I had to struggle with language barriers and worse of all - the keyboard barriers. The standards in IT industry were very very different and though it was an experience, the learning curve was huge. Personally, I would much rather prefer to be in US or better still in UAE I'd think.
Next, I have been reading a lot about reverse brain drain - where families were going back home. I also heard about some site about return2India.com. And my brother took the step after pondering over it for an year - he had it all - GC, a family here, job at you know where in Seattle - and his experience has been an enlightment - he is now struggling with work life ratio - he spends most of the day/night at work and he has to pay bills at the bank and he has no clue what is going on at the school and somehow, his team in India thinks he is a smartass because he tries to apply certain standards (which ofcourse is normal here) and he speaks with an accent. And yes, if you studied here and lived for 10 years, you too will have the accent. But, he says he is very satisfied and happy to be there.And then he says, the pay scale is sufficient for him and his family to lead the Indian dream. We should have some way of commuicating with such expatriates too!!!
Next, I have been reading a lot about reverse brain drain - where families were going back home. I also heard about some site about return2India.com. And my brother took the step after pondering over it for an year - he had it all - GC, a family here, job at you know where in Seattle - and his experience has been an enlightment - he is now struggling with work life ratio - he spends most of the day/night at work and he has to pay bills at the bank and he has no clue what is going on at the school and somehow, his team in India thinks he is a smartass because he tries to apply certain standards (which ofcourse is normal here) and he speaks with an accent. And yes, if you studied here and lived for 10 years, you too will have the accent. But, he says he is very satisfied and happy to be there.And then he says, the pay scale is sufficient for him and his family to lead the Indian dream. We should have some way of commuicating with such expatriates too!!!
more...
paskal
03-16 02:01 PM
dont "warn" me..........you think i give a damn about your "warning"??
the right to speak is MINE. all YOU can do from your high horse is ban me from the forum.
i really dont care, i still think interfilers and substituters should get what they derserve. every single bit of it. may they really, truly, go to hell, and stay there indefinitely.
and NO, dont preach to me about trying to "fix" the system. the agenda here is mostly EB3, and mostly Indian, at best. the multitudes of diploma holders get pissed when i call them out for what they are...........why are THEY so sensitive and ashamed???
i have a RIGHT to be in the proper EB queue, which i EARNED, and did not employ cheap desi-employer tricks and other games to get into........if that does not answer your doubts my friend, then as i said earlier, ban me..........i dont really care either way.
i dont advertise what i have done or can do for IV. somehow, that is a little demeaning. sort of like going to a temple and offering some money and then coming out and proclaiming to one and all how generous a give you are....
so i will try one last time.
your issues are whatever they are, i did not ask you to change your mind on them, neither did i choose to debate you on them. we all acknowledge that this is a bad system, and we all we can do is try fix it. of course like you we could simply vent, curse and blame everyone as well. not that will change a thing.
now the issue with your posts is your language and your tenor. kindly fix that.
yes i can ban you, i choose not to at this time. and yes take it as another warning. if you are contributing to iv action that is wonderful. language like this will however not be tolerated on this forum. please read the posting guidelines if you have doubts. i have posted the link and a snippet for your reference below. now chill out a bit and don't have a "coronary". we are all frustrated. what you are doing is not helping.
http://immigrationvoice.org/forum/announcement.php?f=90
"Posts that denigrate members, potential members or even anti-immigrant groups not welcome - such posts are against Immigration Voice principles. Immigration Voice reserves the right to take action against such posts and posters. You agree, through your use of this service, that you will not use this Forum to post any material which is knowingly false and/or defamatory, inaccurate, disrespectful, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise in violation of any law."
the right to speak is MINE. all YOU can do from your high horse is ban me from the forum.
i really dont care, i still think interfilers and substituters should get what they derserve. every single bit of it. may they really, truly, go to hell, and stay there indefinitely.
and NO, dont preach to me about trying to "fix" the system. the agenda here is mostly EB3, and mostly Indian, at best. the multitudes of diploma holders get pissed when i call them out for what they are...........why are THEY so sensitive and ashamed???
i have a RIGHT to be in the proper EB queue, which i EARNED, and did not employ cheap desi-employer tricks and other games to get into........if that does not answer your doubts my friend, then as i said earlier, ban me..........i dont really care either way.
i dont advertise what i have done or can do for IV. somehow, that is a little demeaning. sort of like going to a temple and offering some money and then coming out and proclaiming to one and all how generous a give you are....
so i will try one last time.
your issues are whatever they are, i did not ask you to change your mind on them, neither did i choose to debate you on them. we all acknowledge that this is a bad system, and we all we can do is try fix it. of course like you we could simply vent, curse and blame everyone as well. not that will change a thing.
now the issue with your posts is your language and your tenor. kindly fix that.
yes i can ban you, i choose not to at this time. and yes take it as another warning. if you are contributing to iv action that is wonderful. language like this will however not be tolerated on this forum. please read the posting guidelines if you have doubts. i have posted the link and a snippet for your reference below. now chill out a bit and don't have a "coronary". we are all frustrated. what you are doing is not helping.
http://immigrationvoice.org/forum/announcement.php?f=90
"Posts that denigrate members, potential members or even anti-immigrant groups not welcome - such posts are against Immigration Voice principles. Immigration Voice reserves the right to take action against such posts and posters. You agree, through your use of this service, that you will not use this Forum to post any material which is knowingly false and/or defamatory, inaccurate, disrespectful, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise in violation of any law."
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nixstor
07-05 12:20 PM
Who was the Einstein who came up with this suggestion...
No Desi brethren will connect if you make it paid. Just tell me how many would use google if google charged you 1c for a search.
Each one of you guys, instead send emails to big media outlets such as CNN, ABC, CBS and FOX. In the email, send I-485 story and the following link that states Rep Lofgren's statement.
http://lofgren.house.gov/PRArticle.aspx?NewsID=1808
Rax
No one needs to be Einsten to come up with this.
IV is not desi. IV = folks affected by retrogression and othe immigration issues
Comparing Google and IV is like comparing apples and oranges. Still to answer your Q, Google has other ways to make money. IV has none.
I have sent Rep Lofgren's link to a lot of reporters.
No Desi brethren will connect if you make it paid. Just tell me how many would use google if google charged you 1c for a search.
Each one of you guys, instead send emails to big media outlets such as CNN, ABC, CBS and FOX. In the email, send I-485 story and the following link that states Rep Lofgren's statement.
http://lofgren.house.gov/PRArticle.aspx?NewsID=1808
Rax
No one needs to be Einsten to come up with this.
IV is not desi. IV = folks affected by retrogression and othe immigration issues
Comparing Google and IV is like comparing apples and oranges. Still to answer your Q, Google has other ways to make money. IV has none.
I have sent Rep Lofgren's link to a lot of reporters.
more...
StarSun
03-03 11:05 AM
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swissgear
09-14 02:46 PM
Well, I have not received RFE mail yet. I have changed my employer because our division was sold to Canadian firm and they moved everything to Montreal.
After changing my employer (in June), I applied for EAD/AP and both got approved within 3-4 weeks w/o any issues/RFE.
I have not filed for AC21 and used EAD to switch job. I think my previous employer might have notified USCIS about H1B case (as I had valid H1B too). Again as per attorney, it takes months if not year for USCIS to work on such notifications.
I had travelled to India last year July and came on AP as I could not get H1B stamp in India. The US consulate took more than few months to approve the my application and by that time I had already come to US on AP as suggested by my employer's attoteny.
As far as I know, most likely your RFE would be related to EVL, if you didn't receive it earlier. Also, if you changed state, and working on H1 or EAD, they are sending in a standard RFE like to describe location discrepancy and letter from Employer to state that they still support your GC as per the Labor and 140 application. Hope this helps!!! Good Luck!!!
After changing my employer (in June), I applied for EAD/AP and both got approved within 3-4 weeks w/o any issues/RFE.
I have not filed for AC21 and used EAD to switch job. I think my previous employer might have notified USCIS about H1B case (as I had valid H1B too). Again as per attorney, it takes months if not year for USCIS to work on such notifications.
I had travelled to India last year July and came on AP as I could not get H1B stamp in India. The US consulate took more than few months to approve the my application and by that time I had already come to US on AP as suggested by my employer's attoteny.
As far as I know, most likely your RFE would be related to EVL, if you didn't receive it earlier. Also, if you changed state, and working on H1 or EAD, they are sending in a standard RFE like to describe location discrepancy and letter from Employer to state that they still support your GC as per the Labor and 140 application. Hope this helps!!! Good Luck!!!
more...
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hasil
03-19 06:36 PM
Before EB2 moves faster, every EB3 guy will get a new LC and jump in to EB2 line. Then EB3 line will be little lighter and moves a little faster. Then people will start asking like this - "Can we go back to EB3 line ? Can we have 3rd EB3 LC ( like LC sells in walmart) and another 485 ?" . Pretty much everyone wants to have 2 LC , 2 I-140 and 2 I-485 at any time. That way whichever category moves faster they will beat the system.
Then we come to this forum and wonder why there is so much backlog or why USCIS is so slow ( my favorite one).
This madness has to stop !
:)
Then we come to this forum and wonder why there is so much backlog or why USCIS is so slow ( my favorite one).
This madness has to stop !
:)
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ksvreg
04-08 10:04 AM
Pending clearance on rumors, if POE called employer, it is likely that employer(s) may answer about US Citzen hiring to yes, but it is very "generic". The "generic" information my be mis using by POE either intentional or unintentional . It is better off giving heads up to company HR department about these enquiries (if they are not rumors) and brainstrom them about procedure and time lines to hire US citizen and impact on business if non immigration is not available immediately. Otherwise, employer may say yes to hire US citizen "in general".
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royus77
06-22 04:00 PM
correct me if i'm wrong , but you can get 140 approval notice requesting thru' FOI Act don't u ...
so after 6 months of filing 485 ( given that u have the receipt notice ) u r pretty much free to take your process with u.
You wont get the copy of I 140 using FOI act ( its a company document) unless your employer/Attorney is willing to share with you.You dont require copy of I 140 to move after 6 months using AC21 . All you need to know that you are moving to a similar position .for that a copy of your approved LC is sufficient
so after 6 months of filing 485 ( given that u have the receipt notice ) u r pretty much free to take your process with u.
You wont get the copy of I 140 using FOI act ( its a company document) unless your employer/Attorney is willing to share with you.You dont require copy of I 140 to move after 6 months using AC21 . All you need to know that you are moving to a similar position .for that a copy of your approved LC is sufficient
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sledge_hammer
06-08 06:03 PM
Welcome to the club, China! :D
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phillyag
07-13 12:19 PM
sorry if this has been asked...
if you are current, when can you expect to get an approval notice ?
My online I485 status continues to be in "Initial Review" stage and the last date of change on my file was back in 2008.
Is there anything we can do to shake this up or just wait.
if you are current, when can you expect to get an approval notice ?
My online I485 status continues to be in "Initial Review" stage and the last date of change on my file was back in 2008.
Is there anything we can do to shake this up or just wait.
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thecipher5
10-12 03:22 PM
Hello!
I don't know if anyone is in or has been in a similar situation. But would appreciate sound advise on the next steps...
My wife and mine PD have been current since September 1st (PD: Apr 2006). We'd received a RFE in 2009 and we'd responded to it in June 2009. The status on USCIS states "Response Review" for both of us and that we should hear back within 60 days of receiving the RFE response which dates back to June 2009.
I've opened a SR, contacted a congressman and still no update or specific feedback since 1st week of September.
What should I do in such a situation?? Can I take an Infopass appointment even though 45 days haven't elapsed since opening SR?
What other avenues can I pursue to obtain concrete feedback on our applications?
all the help appreciated!
thecipher5
I don't know if anyone is in or has been in a similar situation. But would appreciate sound advise on the next steps...
My wife and mine PD have been current since September 1st (PD: Apr 2006). We'd received a RFE in 2009 and we'd responded to it in June 2009. The status on USCIS states "Response Review" for both of us and that we should hear back within 60 days of receiving the RFE response which dates back to June 2009.
I've opened a SR, contacted a congressman and still no update or specific feedback since 1st week of September.
What should I do in such a situation?? Can I take an Infopass appointment even though 45 days haven't elapsed since opening SR?
What other avenues can I pursue to obtain concrete feedback on our applications?
all the help appreciated!
thecipher5
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Abhinaym
07-03 10:26 AM
...that the system is severely backlogged and needs repair but to say it is unfair to limit the number of immigrants from one country does not make sense. Removing the per country limit would allow one or two countries to dominate the EB system because their high populations allow them to produce more skilled labor. So removing the per country limit would remove the "bias" off these countries and move it to the ones with lower populations; so, in essence the discrimination would be reversed? Maybe a point-based system that incorporates a per country score would be better?
Hey DN, look this whole point about "countries to dominate the EB system" is totally frivolous. Please try to understand 2 points (I say please again):
1. Cards don't go out to countries, they are given to individuals, whose background, education, motivation, employability, circumstances are completely different from another individual from the same country. From your profile it seems you are Canadian, does it make any sense to say that you shouldn't be given a GC, because a whole bunch of Canandians got a GC in the past? Why should there be a relation between country and employability here? (After all the GC is for employability in the long run)
2. Just because another of my countrymen got a GC doesn't make any difference to me or my employer! They don't subsidize me, they don't feed me, they don't pay my bills, they don't work for my employer/clients. Again, my employer wants to keep me employed beyond my H1 date, how and why should it matter to the employer/client/economy that heaps of Indians got their GCs?
Buddy, I'm different, I'm a very unique individual - so are you, and so is everyone in this forum. I bring a diversity in skillset which is why my employer hires me, not because of my ethnicity or country of origin.
Basically that's what should matter to the economy, a diversity in skillset not in race or national origin. And who's best at deciding that other than the employer?! Besides, the EB GC system is designed to strengthen the workforce and not about doing favors to countries, right?
Hey DN, look this whole point about "countries to dominate the EB system" is totally frivolous. Please try to understand 2 points (I say please again):
1. Cards don't go out to countries, they are given to individuals, whose background, education, motivation, employability, circumstances are completely different from another individual from the same country. From your profile it seems you are Canadian, does it make any sense to say that you shouldn't be given a GC, because a whole bunch of Canandians got a GC in the past? Why should there be a relation between country and employability here? (After all the GC is for employability in the long run)
2. Just because another of my countrymen got a GC doesn't make any difference to me or my employer! They don't subsidize me, they don't feed me, they don't pay my bills, they don't work for my employer/clients. Again, my employer wants to keep me employed beyond my H1 date, how and why should it matter to the employer/client/economy that heaps of Indians got their GCs?
Buddy, I'm different, I'm a very unique individual - so are you, and so is everyone in this forum. I bring a diversity in skillset which is why my employer hires me, not because of my ethnicity or country of origin.
Basically that's what should matter to the economy, a diversity in skillset not in race or national origin. And who's best at deciding that other than the employer?! Besides, the EB GC system is designed to strengthen the workforce and not about doing favors to countries, right?
Madhuri
11-10 05:24 PM
I received receipt number from USCIS for my letter.
chanduv23
03-07 06:23 AM
From what I understand, Rajiv and Sheela are highly experienced and know AC21 in detail. They have seen successful AC21 cases and thats the reason they are pretty confident.
It is always safe to keep all paperwork intact and updating USCIS during job change but there is also possibility that it increases burden if you keep changing multiple jobs.
A good way of invoking AC21 is
(1) Have the Attorney prepare the letter template - Attorney will make sure the letter is right.
(2) have it signed from your employer - this should not be a problem - I have noticed that employers have issues with h1b visa because they require extensive paperwork and money, but signing a letter must not be an issue.
A lot of employers are not aware of AC21/EAD and may get worried. But there is absolutely no issue. All you do is to educate them. So many people have started using EAD and changing jobs and slowly eployers will understand this concept.
It is always safe to keep all paperwork intact and updating USCIS during job change but there is also possibility that it increases burden if you keep changing multiple jobs.
A good way of invoking AC21 is
(1) Have the Attorney prepare the letter template - Attorney will make sure the letter is right.
(2) have it signed from your employer - this should not be a problem - I have noticed that employers have issues with h1b visa because they require extensive paperwork and money, but signing a letter must not be an issue.
A lot of employers are not aware of AC21/EAD and may get worried. But there is absolutely no issue. All you do is to educate them. So many people have started using EAD and changing jobs and slowly eployers will understand this concept.
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