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  • mammoy2k
    09-10 12:49 PM
    When I used term misguide, I was reffering to "I-140 Approval". Here is another attempt to clarify:

    If you concurrently filed your application and if it is more than 180 since you filed and your I-140 is not approved yet, then can you use AC21? The answer is yes as per Yates memo. Even though your I-140 is not approved at the time you invoked AC21, USCIS while adjudicating the petition should determine whether the I-140 was approvable at the time of filling? Please read the memo, if you have not done so.

    In nutshell, I-140 approval is not required for invoking AC21, if application was filed concurrently and has been pending for 180 days or more. Attorneys ask you to remain in your job, so as to minimize the risk.

    Kindly see the context of the post and please read the post completely before going ballistic �

    I am not talking about the requirements for concurrent filing. Yes, everybody knows that I-140 and I-485 could be filed together, hence the word �concurrent�.

    However, approved I-140 is required for invoking AC-21 to change employer after 180 days of 485 receipt.

    If you want to change employer without consideration to the salary, be my guest. I am simply trying to relay what I have learnt from discussions with 4 top attorneys in the country. If you have any doubt, speak to an attorney. But you are welcome to do whatever you find is best for you. I have changed employer using AC-21 and simply attempting to provide the information about practical implication/ramifications of AC-21 from my experience and knowing. As always, you are welcome to do whatever you deem fit in your case.





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  • rockstart
    01-15 08:08 AM
    I have sent the letter to WH and cast vote.





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  • jgh_res
    06-26 03:46 PM
    The following was the message for the first one which was 2 years ago.

    You must submit two identical color photographs of yourself taken within 30 days of the filing of this application. The photos must have a white background, be printed on thin paper with a glossy finish, and be unmounted and unretouched. NOTE: Digital photos are NOT acceptable.

    In the latest RFE, they didnt say anything about digital. Just wanted me to submit another set of pics.

    Can you please explain in detail what the RFE was about? What was it that USCIS did not like about your photos?

    Thanks!





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  • tiinap
    04-09 01:12 PM
    "Even horse-betting has some amount of skill level (of the horse) and knowledge involved when u place a bet...and to think about it....When I used to be in India, I was told why India is not improving is because meritocracy takes a back seat everywhere while in US people are rewarded based on merits. I now realize with the backlog and the H1B that things are worse out here."

    You're absolutely right. Ever since last year's H1-b lottery, I look at this country in a new light. I no longer see this U.S. as the world's greatest country, I suspect this is a civilization in decline. If I were to make a bet where this country will be in 50 years, I would bet it would lose it's position as a superpower and the most successful economy.

    This H-1b and GC mess to me is an indicator of how things are run in this country. With all these major problems: immigration, healthcare -- there's just an attempt to sweep problems quietly under the rug or apply band-aid fixes such as a lottery.

    Thousands of advanced degree holders are being kicked out of the country and a million people are stuck in a GC mess -- no one cares, it's no-one's business. The human being is like a tiny and replacable cog in the system.

    Of maybe ~500 highly influential people in Washington DC (congressmen + senators + president + DHS high officials) maybe 3-4 people are expressing outrage at the EB GC and H1B mess. Zoe Lofgren is one, maybe a few others. The rest think the system is just fine.

    Barack Obama spoke in the senate last July and said that the employment-based immigration system is working so well, we shouldn't make any changes!

    Sorry, seeing this week's H1B brings out the pessimist in me. Maybe there's hope for legal immigrants in the future, but only if we keep fighting.



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  • venky08
    01-06 02:48 PM
    dont worry, nobody will take any offense from your post...we all are one big happy family around here...right guys???:)


    The post did not mean to offend people of any particular community. I apologize, if it appeared that way. So please take this thread light heartedly only.

    If it is of any further consolation then here is my brief backgroud:
    I am a Hindu by birth.
    Did my schooling from a catholic school and know Bible's stories by heart and also had led choirs.
    Did my B.S. Mechanical engineering from a prominent miniority university, Aligarh Muslim University.
    So you see, I would be the last person to use this story to stereotype folks from any particular religon.

    I will conclude by saying that polygamy in India is almost non existent. The story cited here is unique, irrespective of what religion the person belongs to, even though the laws may be permitting in certain cases.





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  • sands_14
    04-13 11:02 AM
    No visa bulletins till October2007
    Thats what USCIS announced 2 weeks back
    So stay cool:)



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  • kaisersose
    06-05 12:18 PM
    According to the 2005 memorandum, it was possible to change employers even if the 140 was not approved. But it was clear that an RFE that was not responded to, would deny everything.

    Now it appears, they would require an approved 140.





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  • mariusp
    05-22 03:41 PM
    When the one of the IV leaders is seriously considering going out of status in order to benefit from the great amnesty, you know that something is seriously messed up. Even so, I didn't expect you guys to be the first ones to give up...



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  • am4gc
    12-30 09:05 AM
    Longq,

    Are these info are based on good guess? If not, can you provide us some link, or attach jpg with highlighting relevent facts.

    Because, till 2005 there were extra 100,000 (total 242,000 were issued) recapturd numbers available. Therefore, no one cared (DOS/USCIS) about AC21 law that removes country quota. EB2 were curren for all then.





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  • karthiknv143
    01-31 01:46 PM
    Well, everyone wishes the rumour to be true.
    But you know what, to realize the increase in fees for the I-485, they should allow people to file for it. Unless people start filing for I-485's they are not going to make the $2billion in 2 yrs. If retrogression continues, guess the fee increase doesn't make much sense.... Not sure whether I am right or wrong here.



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  • ramaonline
    11-29 06:43 PM
    From ILW:

    FBI name check delays that have stalled benefit applications may soon be a thing of the past. We understand that the Executive branch will soon provide name check clearances within a prescribed amount of time. If the clearance is not completed within the designated timeframe, the benefit will be approved by USCIS while the FBI continues to work on the security process in parallel. The rationale to move tothis new process is not just better customer service for benefits applicants but also because it will enhance national security(our security demands that the bad guys be apprehended, not merely be denied immigration benefits). The background for this change of heart by the Executive branch is the fact that many federal courts have been coming down hard on excessive name checkdelays by the FBI. In fact, not only have some courts ordered expedited name check completions but in some cases courts have suggested that the courts have and would use their authority to adjudicate petitions if the Executive branch could not get itsact together. The attorneys and litigants who have sought federal court relief over these last several years deserve credit forforcing the Executive branch to adopt a more effective policy in this area (when it does happen, hopefully very soon).
    =======================
    Note: These details may be true. Last month we had heard such information but not in detail and thus had not posted it. We were hoping to get this news within 6-8 weeks (As per oour note on http://immigrationvoice.org/forum/showthread.php?t=14749). There are efforts to make name checks current and that is good news for everyone waiting for several years in the namecheck blackhole. It will also help recent applicants who might be getting into this problem.
    IV wants to thank all its members who took up this issue with their lawmakers and also contacted Ombudsman's office to solve this issue.
    - IV Team





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  • looivy
    04-20 02:13 AM
    I also sent my letter to WH today.
    Good job MMJ.



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  • laborday
    07-17 11:18 AM
    Yeah, the Nebraska one is on the same date as last month, I guess I should count my blessings. God, what are they doing over there!? Maybe it's because it's summer time and people are going on vacation-less people, less work getting done.
    I think a employee of immigration service center should get $100 bonus for completing one application. This will definitely improve their productivity.





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  • gc28262
    03-11 11:52 PM
    I never said you are working on %age basis. I know many H1Bs work on %age basis like independent contractors. This leads to benching and USCIS is trying to crack down on
    that.

    That is right. %age basis is not allowed on H1. In fact it is not the %age basis that causes the issue. Not paying on bench is the real issue.



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  • BornConfused
    07-03 10:29 AM
    I thought to but now don't want to comment on your posting because you were already born confused:D


    But you still commented:p and I know it's because now you want to be my friend so I can take you there with me. Get your dollar bills ready!!:D


    I'm making fun of the situation, but when all is said and done I am so frustrated with this whole thing. Sometimes I wonder if I would have done better somewhere else although, except for this whole GC deal, I do like where I am. I just wonder if my life would have been better in a different way though. Am I the only one who sometimes wonders about this?





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  • hpandey
    07-19 09:33 PM
    Spindoc..

    Even though your PD is current now it is almost like at the end of the line at 2006. I doubt that your GC will come soon in August - Sep timeframe unless you get real lucky ( with USCIS you never know ).

    EB2 jumped two years for the Aug bulletin because DOS wants USCIS to utilize all the visa numbers. There is a high probability that it will retrogress to 2004 or maybe 2005 in October and then move as per visa availability.

    I didn't want to sound pessimistic just realistic.

    The only option I see is what has already been told above - H1 / H4



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  • santa123
    12-01 01:03 AM
    Hi,

    I have a three year bachelor degree + MBA from India with 9 years of experience. My labor was filed requiring Masters degree + 3 year experience with no mention of bachelors degree. Last week, I received I-140 decline (I-140 filed under EB2) citing that my bachelors degree is only three years.

    My company is planning to file an MTR with appeal citing 1) My labor only required Masters degree with three years experience and that I have the Masters degree with three years 2) I have bachelors degree equivalent with 3 year bachelors degree and 2 year experience equated to 1 year education equating to US 4 year bachelors degree.

    Do you think my appeal would have a chance of success? Please let me know your opinion. I have to file an appeal in next few days. Thanks for your help.

    Pls refer to the case on murthy where a combo of degrees was accepted by AAO and the denial was overturned. There is nothing to lose in appealing. Go for it. But do talk to your attorney and experts on this forum as well. They may guide you through the nitty gritties.

    Did you receive any RFEs? Did you submit any education evals while filing I140? Did you combine any degrees or just your batchelors? where did you get your eval done?

    Good luck!





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  • yabadaba
    05-22 03:43 PM
    Well they will easily find out from your SSN number if one is on payroll or not. I am seriously looking into this matter of getting illegal and many of my friends agree. Once the bill passes in its current form we should get advise from a good lawyer to convert status from legal to illegal. It sounds so insane when I say changing for legal to illegal..but that is the hit thing these days.

    thats why i ll be illegal right? not on the books....1500 is a steal compared to the amount u d pay the uscis for filling fees etc. keep renewing the z visa indefinately.





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  • invincibleasian
    01-31 12:43 PM
    I dont care about the fees. anything under 1000$ for 485 filing is cheap. I am happy they are in the process of eliminating substitution since this will reduce lcs. also higher the fees lesser the abuse of the system where one employee makes different employers file for h1s and gcs. I fully support the hike!





    pointlesswait
    11-19 02:28 PM
    a self serving proposal..

    MS is just a pretext for many who are here. MS is worthless if you are a software engineer.. you don't need MS to be coding in Java or .NET...

    MS from some vague sidey backstreet community college cannot be compared to MS from other better off schools.

    your proposal is distracting from the main agenda. CIR or other relief measures.







    In the same lines as H1B, could we look into if its possible to add a quota for US Masters degree holders irrespective of country of birth for green Card also. This would be in addition to the existing Employment based quotas.
    Does anyone know how they added 20k H1B quota for Masters degree holders? Who sponsored that bill? May be we should talk to the same people.

    I would think there would be a little less resistance for this? This would ease the pressure on both EB2 and EB3.

    I dont know if this has been previously looked at. I know there were talks of excluding these people from quota all together.





    aachoo
    02-23 07:41 PM
    Got my RFE finally. It is for an employment letter. They gave me until 3/19. (RFE was generated on 2/13)
    -a



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