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  • ilikekilo
    03-03 09:30 AM
    Hello forum gurus
    I am planning on moving from Company A to Company B. I have an approved I-140 from Company A which was approved in Sept 2007 and also applied for 485 on July 2nd 2007. It has been almost 1.5 yrs since I applied for 485 and I-140 approval.

    Planning to move from Company A to Company B. Company A will not revoke my I-140 that is for sure. I am moving to a good company with 1000+ workforce and in an upcoming industry. It is not a consulting firm. It is a product based company. My wife is currently on EAD and is relying on it to work.

    What are the odds that my AC21 may be wrongfully denied. I am having a hard time sleeping while thinking about this. I am on my H1. Can she still use her EAD while we file a petition for Motion to Reopen in the event that the 485 is wrongfully denied or does she have to change to H4 immediatly.

    Can some one share your thoughts.

    thanks in advance

    I hear you...however the probability of success predicting the odds with USCIS are zero to none.. be +ve and move on.. Listen, iam not being philosophical here but I did move on from a so called "secure" and great company using AC21....to a smaller one....

    was I concerned when I was planning to move : yes
    do i loose sleep over this? no
    did i file for ac 21? yes
    Am I really worried : heck no
    Am i ready for anything that comes my way from USCIS: heck yes and I will deal with it..easy to say..yes..but doesnt mean it will stop my life..

    ps: btw Iam not single and yes I do have a family with a kid and ofcourse commitments like most poeple... so relax ..take it easy..

    reg your question i am sure somone in teh forum is more knowledgeable than Iam..





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  • breddy2000
    12-08 07:02 PM
    vet04, Unfortunatly I dont have an answer to your question but if you dont mind can u pls let us know more about your current job so that I can start looking at your current job as an option for me incase if I get a green card. I am serious and not kidding. I want to know who is paying
    200k salary in this job market and what is the job requirement for that.

    He/She might be a "Veterinarian" as his handle is named " Vet04".Might be frustrated working with Animals all day and looking for a change,but honestly I do no know whether Vets get paid so much...:D
    Just kidding and no offense meant...:D





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  • gcwait2007
    12-25 10:12 PM
    If you are stuck in name check over a year and PD was current, you can file WOM. Add the Secretary of State (Rice) as a defendant. Check this order where the court ordered the government to issue visa numbers (!) to long-delayed AOS applicants.
    http://immigrationportal.com/showpost.php?p=1838094&postcount=14850

    Q2. Yes, see 8 USC 1151, 8 USC 1153. Check this thread for details.
    http://immigrationvoice.org/forum/showthread.php?t=16266

    Guru Lazycis,

    The information posted by you in Immigration Portal is very useful and informative and encouraging. You are a great guy, if u r male. Great lady if u r female. Please accept my salutes and regards.

    Thanks a lot.





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  • gc_check
    01-08 10:22 AM
    I got it in a week, I got it from SF Consulate.

    This might be a simple stupid question,

    Can you please update, if you used a standard 2*2 passport taken here in the applicaiton form or got one 3.5 cm * 3.5 cm as put in the passport form. If yes, where did you took one. The standard size Passport Photo appears to be a little bigger than the one specified in the Passport application.



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  • fester8542
    05-27 09:34 PM
    golgi Your ugly arse site was moooooooooooving...

    This has to be the strangest battle ever! Leave it to you to come up with an idea like that...





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  • gova123
    08-27 02:08 PM
    When did this change? I got it renewed from Washington DC a year back

    I think it is stated in their website and also someone in the forum was saying this. Did you happen to be in Florida when you renewed the passport last year from DC. if yes, then I can send it to DC as they seem to renew in 10 business days. Am i right...............



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  • leoindiano
    03-17 10:45 AM
    and years too...I am talking about cases with india-2004-PD only.

    EB3 to EB2 porting, we can worry less about that. these cases needs quite a research. and USCIS capabilities in that area are open for debate....they look for low hanging fruits(read as straight-forward cases) which are easy to be approved...





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  • Life2Live
    02-29 01:34 PM
    mate have you heard of thread hijacking? anyways looks like you have a weird one...when you say "resubmitted" it seems like they have lost your application once before as well? How are they accepting 485 application for you? what category are you in and whats your pd?

    Filed when date was current, it returned back by USCIS error. Resubmitted with the evidence on Nov along with the USCIS letter. Is that clarify ur doubt.



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  • Desertfox
    04-06 04:39 AM
    I found this in another website:

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=685c8d8b3b760210VgnVCM1000004718190aRCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD

    "Since the beginning of this fiscal year (October 2008), USCIS has adjudicated over 75,000 employer petitions, reducing the pending caseload of petitions to under 55,000.USCIS� goal is to have adjudicated all the older employer petitions, and to be processing newer petitions within 4 months, by the end of September 2009"

    Good find! I have never seen such a thorough explanation about the EB process backlog/delay from USCIS. Something has definitely changed after our ex governor Janet Napolitano became the DHS secretary.





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  • nk2006
    07-20 12:48 PM
    From the website [url]2. There is also per country limit. (I don't know what is the exact % for per country - think 10 -20 %)
    3. If you count 20 % then for India the figure per year is 28000.


    Current per country limit is 7% (9800 for all EB categories).



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  • morpheus
    04-06 11:06 AM
    Does anyone know if the latest Frist amendment to the bill would still allow H1's etc to file for 218 as outlined above? I did some more reading and I am still confident the analysis above is an option for many H1's like myself.

    Frankly I'd be happy to wait six years for a GC if it meant I could be out of this continual H1/LC/140/485 rat-race. Being able to be self employed would be a huge positive for me. I'm already on my second LC and I am involved in founding my second new company. For executives the H1/GC process is useless because you frequently get promoted or change titles, and by the time your LC is near processing it's likely that the original application is no longer supportable. Plus, if you own equity in the company that opens a whole can of worms that the USCIS will object to.

    I don't care if 218D is supposed to be for 'illegal' immigrants. Hell, I'll learn Spanish! Via con dios! Obras son amores y no buenas razones!





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  • bsbawa10
    02-12 05:13 AM
    looks like this is what happening...

    They have 100's of 1000's of cases....thrown in one dark room.

    They have this Q on their computers, with cases approved Namecheck, background check, I-140, FP complete....

    Now, when they are assigned with a case, they will try to find the file....Just imagine its not easy to find the case, but USCIS doesnt put any effort to sort them either.

    So, he will leave that case there, go to next one...This is just my guess...

    EXACTLY, they seem not to be organized and they do not have the will to be organized. They do not have will to find the files and they do not have will to process the case. The easiest thing for them is to pick up the file which they can grab from the top and process it if the PD is current. If you are lucky, you will get GC, otherwise , your file is burried somewhere and nobody excepting you has the desire to locate it. On the top of that , they have no accountability..nobody to check if the IO is doing the right thing or not. Nobody to check if the customer service is giving the right answers or not. Nobody to check if customer service is directing to the right people or not.



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  • mpadapa
    10-10 06:40 AM
    H1 extensions are never subjected to cap. But if U start using EAD (by filing I-9) then U loose H1 status and hence U break the continuity of H1, so in future if U decide to go back to H1B (for reason like 485 rejected), then U have to apply a NEW H1 which is subjected to cap (not applicable for cap-exempt employment).

    H4 is not lost when U use EAD, it is just that U R in AOS status on H4. It is similar to F1, F1 status doesn't allow ppl to work outside campus, but after U graduate, U can work anywhere on EAD (for 1yr) and still be on F1 status and travel using F1. The same Q is answered by susan henner on the IV free conf on Sep 30, the recording of that can be found at http://immigrationvoice.blogspot.com/

    augustus U'r lawyer is absolutely correct. Come on folks don't scare people..


    Afaik, you can file for an H1 extension without being subject to caps as long as an AOS pending. For instance, you can take a break and go to school, and then file for another H1 extension - it won't be subject to the caps. Confirm it with your lawyer.

    jazz





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  • gee_see
    10-19 10:08 AM
    My question is can the salary go down ? and what are the risks?. I think salary increase is not an issue. What about salary decrease?

    Thanks



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  • Karthikthiru
    04-09 03:00 PM
    I think you are in good shape to use AC21. Just make sure that you have the paystubs for the first 180 days after filing the I485 application in your present company if in case you get a RFE. That is one of the easy proof that you worked in company A for 180 days after fileing I-485.





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  • franklin
    07-13 11:17 AM
    Thanks for the suggestions

    We do request that people dress smartly, however tomorrow's forecast is in the 80s with about 50% humidity, and we have a 3 hour march.

    We hope that people come dressed for comfort too :)



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  • ashshef
    08-31 12:44 AM
    Unfortunately this won't help....of course assuming you find a way to do it :)
    They look at the country of birth to determine the quota....not country of citizenship.





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  • JulyApplicant
    11-09 06:13 AM
    I have applied for 485 on July 23rd. Received EAD and AP but I have not received Finger Printing notice so far. I tried calling the 1800** number but could only hear the recorded message.

    My case was indeed transferred from California to Texas on September 20th.

    Please advice.





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  • bfadlia
    02-23 01:57 PM
    my case was recieved Dec 07. (H1B extension)
    The website says they're processing Dec 21
    However checking my case status, it still says received and pending

    How come?





    sina
    04-16 10:28 AM
    Hi Hope2007,

    Did you talk to your attorney? How were you able to do so?
    My attorney says I can do so, I have asked him how.
    Our corporate office handles all and I do not have any information about this. I hope my attorney is correct and I do not find myself in trouble after I change location.
    Please post hope2007 if you know how this is possible.

    Thanks





    Lill
    03-02 03:59 AM
    oi :D im gonna join too if i can.. when are the last day for submission? (or what its called in english XD hehe)



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