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  • WeShallOvercome
    09-10 11:46 AM
    This is what I got from 4 separate lawyers when I was invoking AC-21. I think everybody should speak to a lawyer before invoking AC-21.

    A lot of people out there think that after getting EAD one can invoke AC-21 to change to any job at any employer. This is not true. AC-21 is pretty complicated and I think that in the future, if there is no change in the law, a lot of 485 applications will be pending for 6-8 years or more. And for the duration of this period, a lot of people will invoke AC-21. I also think that the rate for rejection for number of AC-21 cases at USCIS will be higher. Nobody told me about the approximate wait time and rejection rate. It is just what I think based upon the developing situation.

    Sanju,

    Is there any basis your thoughts are coming from? And what is the 'deveoping situation' you mentioned that would lead to an increased rate of rejection for AC21 cases.
    I personally don't see anything like that provided you have completed 6 months AND your new job description is similar to the old one.
    An increase in number of people invoking it should actually make AC21 a common and very popular choice and that should lead to low rate of denials as more and more officers will now be aware of the law ---(Again assuming you keep those 2 conditions in mind)





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  • nrk
    10-27 09:54 AM
    Hi I just talked to customer service representative, she said that It is either due to a security check or Department of Homeland security trying out different exercises before approving the case. So Please wait for some more time and give a check. when the applications went to security check, the similar kind of response you will get. If your case falls under a specific section we will put the section in that.
    If you need more information or you are worried please take an info pass otherwise please check back with us later.





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  • ychuck
    07-02 04:52 PM
    Medical Exam: ~800 (me + wife)
    Photos: 60
    birth/marriage certs: 200
    paid working hours off: 400

    Pain before and after: lot!.





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  • uma001
    05-22 04:27 PM
    This Jan 1,2007 date is another Joke by this lawmakers. These undocumented workers came crossing the border without any port of entry evidence. How can they prove they came before or after that date.


    This date is for those people who try to ebcome illegal ( like us , now we are thinkign to become one). Now you cant become illegal becos of this cut off date.



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  • mmj
    04-21 09:01 PM
    Any means of sending this would be helpful. Lets make it as easy as possible for people. For now - lets see if we can get over a 1000 people to do this.

    Ideally in addition to posting your letter on www.WhiteHouse.gov/Contact, it would help if you send a letter to your Senators office as well.

    Instead of sending emails, wouldn't it be better to send USPS mail or faxes?

    I have sent electronic forms to state senators & whitehouse.gov.





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  • gconmymind
    10-11 04:43 PM
    This situation is really bad. There are so many people who missed the deadline as their labor was stuck in BEC. USCIS should at least allow a one-time chance (like July 2nd) for such people to file 485. I was lucky to clear the labor stage earlier this year.



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  • helloh1
    01-26 07:08 PM
    hey Dhundhun and everybody else.... thanks for ur precious advice. This forum is really helpful for people like me who do not have much experience with US rules.

    Dhundhun, to answer your question...no I do not intend to break the contract. I just want to protect myself from any mishap in future. By the way as I mentioned earlier, the contract is not of 12 months....its for ENDLESS time. It says that if I leave the company anytime...I will need to refund all the training costs that the company would of incurred in last 12 months.





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  • ilikekilo
    04-19 03:44 PM
    I will be sending the following note to my senator and have already posted it to WhiteHouse.gov. I urge all those screwed by the ongoing retrogression to do the same.

    "I am writing to inform you of how the country based quotas imposed on Employment Based green cards are unfair and totally illogical. When I immigrated to the US, I believed that this country was a meritocracy where you were judged based on your abilities and qualities. These country based quotas reward people depending on where they or their ancestors were born. This causes people from India and China to wait over a decade to get a green card whereas someone from another country with similar or lesser abilities can obtain permanent residence in half that time.

    Since these EB category based green cards are awarded for professional skills, imposing a country based quota just does not make any sense. I urge you to work with Congress and change this discriminatory policy and reinforce that America is truly a society that celebrates meritocracy."

    welcome to IV and thanks for your post. Please join our collective efforts starting with sending your lawyer an email to contact IV if they are interested for their banner display. Additionally you could consider contributing to IV, thus becoming a donor and get more updates as well and participate in our attempt to address burning issues we have that affect almost all immigrants like you and me.

    any questions just ask someone might try answer...

    also please take a moment to update your profile as well as that data will help us all



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  • Libra
    07-10 01:21 PM
    Yeah...one day he make a movie on immigration policies;)

    This is an awesome find... We desperately need to contact Michael Moore for our cause...





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  • akhilmahajan
    06-19 12:22 PM
    Could you please send to me also?

    Send you a PM also.



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  • McLuvin
    03-04 10:59 AM
    EB3 Movement - Any Hopes?

    Any Hopes.... My PD is March 2003.... Something should happen.... I know that a movement of 18 months is something i cannot ask for... but again if there is some light at the end of the tunner..... :D





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  • willwin
    06-05 02:40 PM
    Forward movement sounds good..but even with PD current(May,June VB's) folks are just sitting and waiting..just like me..:(

    Rapid movement helps only two categories of people.

    1. People on the 485 queue who have plenty of luck to get their application picked up for approval as it happened last July-August.
    2. CP guys.



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  • pooja_34
    03-21 11:11 AM
    Hi FinalGC,

    I am in Ann Arbor, MI and would love to coordinate meeting with the lawmakers with you here in the Michigan area.





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  • dummgelauft
    12-23 11:54 AM
    Try getting info from any other consulate...you will feel the same.... I used to feel the same until I dealt with UK / French /Italian consulates for tourist visa....it was as horrible...

    I dealt with the UK consulate and the CGI India at Chicago. Now, agreed this was many years ago, when I used to have a desi passport.

    There was an awesome Asst. Consular Officer (i forget the exact designation), but her name was Deepa Jain. I submitted my desi passpost for renewal at CGI Chicago, using the procedure described on their then brand new website. Waited 4 weeks, nothing. This was in 1999, so I decided to call the conculate, totally expecting nobody to pickup the phone, but to my surprise, somebody picked up!!. I gave them the details of my application and old passport and the lady who answered the phone said "we will call you back".
    Now, knowing what that means, I began to prepare myslef for weeks and possibly months of frustration..BUT...lo and behold, two days after my call to them, Ms. Deepa Jain called back ON MY cellphone to tell me "your passport was renewed and I wil lmake sure it gets sent out today itself!!". To tel you the truth, I was totally blown away, and if Ms Jain is still around in any of the consulates, hats off to you...but I digress..
    Now comes the part with the UK consulate, again, in Chicago.
    I wanted to visit UK and applied for a visitors visa providing them will all the things that they need. Their requirements are very stringent and they want a ton of information too.

    The delightful englishwoman at the counter in UK consulate started to ask me all sorts of questions while leafing thru my documents. When she saw a copyof my Canadian PR card in there, she stopped and asked me to show her the original card, which I did. Once she saw it, that was it. Her next statement was "You may pick up your passport in the afternoon".

    So, two things, it is the desi sarkari babus who mess it up for us, in the consulates and it is the poor image "enjoyed" by our desi passports (which used to be hand written" up until a few years ago) that create problems for us in the non-Indian consulates (European ones to be precise)J.apanese, Korean and othe Asian consulates tend to be much better in this regard.



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  • gc_kaavaali
    12-28 06:15 PM
    Hi logiclife,
    Are you suggesting to be on H1 if you don't complete 6 years? In my case i have been on h1 for 4.5 years....i have EAD....I may use EAD because if my 485 rejected then i can fall back on H1 (by going out of country or something else)...

    I dont think that after using H1 for 6 years, you can switch to H1 status from EAD status once 485 is rejected. Now, if you have used less than 6 years of H1, and then used AC21 portability, used EAD, abandoned H1 status and continued on EAD status and if the 485 gets rejected, there may be a way to reclaim the remaining unused portion of H1. It may involve going out of country and coming back in. Check with a lawyer, I dont know much and haven seen any case where someone who was on EAD status could go back to H1 status. Usually H1 to EAD is a one-way street, especially if you have already used up the 6 years of H1 stay in country.





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  • sameer2730
    11-06 12:13 PM
    Does anyone know when VB will be out this month?
    Sometime this month!!



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  • mpadapa
    02-12 09:39 AM
    My document uses similar method as used in 2007 USCIS Ombudsman report.
    Here is the link to my document - link (http://spreadsheets.google.com/ccc?key=p_liYSUcqZRXA9OjuWUNRag&hl=en)
    Similar table can be found in Ombudsman report - link (http://www.aila.org/content/fileviewer.aspx?docid=22650&linkid=162315) Look at Page 34 ( 52 / 145 )

    The numbers in my report would be off by < +/- 50 visa's because I am using published data and Ombudsman uses internal DOS data.

    The bottom line is EB limit has enjoyed spillover from unused FB visas and this year it is not going to happen. In the past we have been used to EB limits of 154K (2007), 163K (2008), this year we have to get used to the original limit 140K The movement of PD of various categories would take their own coarse based on USCIS interpretation of spillover between categories.

    It would be great if members can update their profiles so that IV can do a better job of estimating the forward movement using the tracker.





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  • nozerd
    01-04 10:30 AM
    The kids from the second marriage can definitely come. He can call the first wife get her the green card, then divorce her and go and marry the second wife and bring her here.





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  • Gravitation
    12-13 12:48 PM
    Can you explain why EB2 ROW is flowing to EB3 and not to EB2 India?
    It's just a decision that state department makes. I'm not saying it's justified. I'm not saying that's how it should be.

    I think the logic is that when India EB2 became Unavailable and EB2-RoW was Current (for example in Sept Bulletin: http://travel.state.gov/visa/frvi/bulletin/bulletin_3009.html

    If EB2 RoW were flowing into EB3 RoW, this would not have been possible.

    I think it's an attempt to bring EB3 on par with EB2 (this is just my guess).





    USDream2Dust
    04-09 12:38 PM
    Ok disclaimer first. I do work directly with employer and not a consultant.

    I think there is an ongoing debate over it whether consultant companies should be allowed for H1b's and green cards or not. Let me be very honest. There are so many US employers who do not want to get into mess of H1b's but still want talent. These desi or videsi consultant firms feed on them and people like you and me searching for jobs. It is generated out of necessity on both ends.

    There are some very very big consulting firms too and not to Mom and Pop Desi shops.

    I feel for both sides and the real problem is to have multiple H1's and H1b's sitting on bench which is even worst. So either they hire and pay and make their responsibility to find job or don't file for H1b's

    USDream2dust





    yabadaba
    07-31 09:39 AM
    I don't know anything else about these cases, was checking randomly and I see cases filed for 5th and 11th have updates.

    ++++++++++++++++++++++++++++++++++++++++++++++++++ +++++

    Receipt Number: lin0720051244

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

    Current Status: Case received and pending.

    On July 5, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.


    ====================================


    Receipt Number: lin0720551216

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

    Current Status: Case received and pending.

    On July 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
    it doesnt mean anything....u will see receipts from yesterday and today also..please see other threads on decoding the lin/src numbers

    in the end it depends on when ur application was opened and entered into the system.