prioritydate
08-09 11:25 PM
Still cannot believe that 2004 cases are not getting approved!!!
This is ridiculous!
This is ridiculous!
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shana04
02-12 04:05 PM
Thanks Shana04.
Can you pls mail me your contact details as i would like to talk to you for a while..if it's fine with you.. my email id is rameshk75@gmail.com
Ramesh,
PM your phone number, I will call you.
Can you pls mail me your contact details as i would like to talk to you for a while..if it's fine with you.. my email id is rameshk75@gmail.com
Ramesh,
PM your phone number, I will call you.
makemygc
07-06 03:35 PM
The thread is just fine. Hopefully, it'll attract a few more contributors to the flower campaign. We need a few more for the magic three digits!
I agree. I saw this thing first time.
I agree. I saw this thing first time.
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RajWantsGC
05-12 05:10 PM
Thanks Chandu. Did the same. Got I485 reopended as it is USCIS error (Filing Fee Not enclosed.) Got I797c for both of us saying that I485 reopened.
software7,
would you please let me know in detail how you approached congress men and senators?
How did you get their addresses and contact numbers? I am also in the similar situation.
software7,
would you please let me know in detail how you approached congress men and senators?
How did you get their addresses and contact numbers? I am also in the similar situation.
more...
GCwaitforever
11-16 02:53 PM
This is relevant because some of us have EAD which is legal authorization to work (restricted though) or spouses have EADs (unrestricted). Placing barriers like US citizens only or Greencard holders only is discriminatory.
JunRN
12-21 11:09 AM
You did not read it carefully. The person actually NOTIFIED the USCIS about AC21. However, USCIS failed to record it.
"xxxx....The particular case has been issued a NOIR on the basis that the employer revoked the I-140 petition and there was no information on record indicating a qualifying position under AC21. In fact, in this case, the documentation pertaining to the new, qualifying position and portability eligibility under AC21 had been timely filed with the USCIS. ...xxxx"
Furthermore:
"xxxx....It is not clear why this AC21 filing was either overlooked or not in the file at the time of the issuance of the NOIR several months later. The fact that the AC21 notification was filed, however, provides a basis to respond to and refute the NOIR, along with a number of legal and procedural issues. Therefore, the AC21 notification is vital to the ultimate success in this case. Moreover, notification and proof of AC21 eligibility may be vital to avoid NOIRs in future cases....xxxx".
"xxxx....The particular case has been issued a NOIR on the basis that the employer revoked the I-140 petition and there was no information on record indicating a qualifying position under AC21. In fact, in this case, the documentation pertaining to the new, qualifying position and portability eligibility under AC21 had been timely filed with the USCIS. ...xxxx"
Furthermore:
"xxxx....It is not clear why this AC21 filing was either overlooked or not in the file at the time of the issuance of the NOIR several months later. The fact that the AC21 notification was filed, however, provides a basis to respond to and refute the NOIR, along with a number of legal and procedural issues. Therefore, the AC21 notification is vital to the ultimate success in this case. Moreover, notification and proof of AC21 eligibility may be vital to avoid NOIRs in future cases....xxxx".
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lazycis
12-21 12:58 PM
You did not read it carefully. The person actually NOTIFIED the USCIS about AC21. However, USCIS failed to record it.
That's was his/her problem. If the person have not notified the USCIS about the job change, everything would've been fine :) I am not going to argue with you. If one of hundreds thousand cases had an issue, it does not mean we have to rush and file AC21 every time we change a job. That will just create more work for the USCIS and increase our chances for RFE/denials. That's my opinion. You are entitled to yours. BTW, I changed jobs and did not file anything. No problems.
That's was his/her problem. If the person have not notified the USCIS about the job change, everything would've been fine :) I am not going to argue with you. If one of hundreds thousand cases had an issue, it does not mean we have to rush and file AC21 every time we change a job. That will just create more work for the USCIS and increase our chances for RFE/denials. That's my opinion. You are entitled to yours. BTW, I changed jobs and did not file anything. No problems.
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seahawks
01-20 06:28 PM
Sent mine, who is next. Come on, this is something that does not take too much effort, make a difference. Together WE must do what it takes. All it takes is the write/print a letter, send one to the President and one to IV.
Yes We CAN.. But it takes you and me to make the WE! Stop putting it off for later or feeling you don't count.
Yes We CAN.. But it takes you and me to make the WE! Stop putting it off for later or feeling you don't count.
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krishjack
07-02 03:23 PM
Attorney and filing fees - $3200
Medical Examination - $450
TimeOff - $500
Misc - $50
Total - $4200
Medical Examination - $450
TimeOff - $500
Misc - $50
Total - $4200
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thankgod
05-11 02:23 PM
No IV provision is in the bill.
For something to happen, each member needs to do their part by supporting this effort and taking part in action items. With so little support and initiative we cannot expect to match the kind of hard work DREAM act advocates have done.
If we need an amendment, we should be showing up for advocacy day or signing up for monthly contributions, volunteer our time, or doing any state chapter work by meeting local lawmaker offices regularly in groups. Dream Act folks have built a very strong network and advocacy effort that no politician can ignore. Go through the list of things they have been doing over the past few years and you can judge how much percentage we have as a community matched that effort. This is a reality and and ultimately it will be us that are responsible for no bill being passed in the last few years.
The community needs to do more than wasting time on the forums and trackers if they really want any bill to happen.
Definitely it is time to Unite. If they are doing illegal immigrants legal citizens, why should not legal applied immigrants as Green card holders.
Do you think we need to start some thing like flower campaign or sending letters to president like that....
But it is the time to act. Now or Never..........
For something to happen, each member needs to do their part by supporting this effort and taking part in action items. With so little support and initiative we cannot expect to match the kind of hard work DREAM act advocates have done.
If we need an amendment, we should be showing up for advocacy day or signing up for monthly contributions, volunteer our time, or doing any state chapter work by meeting local lawmaker offices regularly in groups. Dream Act folks have built a very strong network and advocacy effort that no politician can ignore. Go through the list of things they have been doing over the past few years and you can judge how much percentage we have as a community matched that effort. This is a reality and and ultimately it will be us that are responsible for no bill being passed in the last few years.
The community needs to do more than wasting time on the forums and trackers if they really want any bill to happen.
Definitely it is time to Unite. If they are doing illegal immigrants legal citizens, why should not legal applied immigrants as Green card holders.
Do you think we need to start some thing like flower campaign or sending letters to president like that....
But it is the time to act. Now or Never..........
more...
shozee
12-30 07:22 PM
Im july 5th filer .Filed I140 and I 485 conc .Opened SR for FP because didnt recieve it till NOV .In NSC_CSC_NSC.next day after opening SR i got Fp notice .Obvously nothin to do with SR .Got reply for SR after a month which says " Status I-485 USCIS is waiting boimetrics info to produce permanent residency card "
Any idea what would this statement mean ?
I_140 & 485 fild July 5th 2007
PD curent
Any idea what would this statement mean ?
I_140 & 485 fild July 5th 2007
PD curent
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sanju
09-08 08:24 PM
I know after we file the i-485 for 180 days, we can change our jobs. But rule is that the new job should be in the same field as the old one.
Can i change my job from a biological researcher to a biostatistician? My current job is in the field of biology, which involves lots of experiments. If I change my job to a biostatistician, which is like a programmer, do i still qualify the "similar filed" rule? thanks for your help!
Requirements to change employer when GC is pending:
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD
Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.
After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application
This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
Can i change my job from a biological researcher to a biostatistician? My current job is in the field of biology, which involves lots of experiments. If I change my job to a biostatistician, which is like a programmer, do i still qualify the "similar filed" rule? thanks for your help!
Requirements to change employer when GC is pending:
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD
Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.
After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application
This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
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gc28262
03-11 06:49 PM
Per your logic if someone tries to stop/end bribing in India, you will question them saying-
.................................................. ...............................................
.................................................. .............................................
.................................................. ................................................
What you are saying..about consulting companies not having a "job" at hand to offer is the mis-use of the Visa. This is the loop-hole that cause small time shops to jsut bring a lot of people onsite and then start sending resume arranging interviews etc............................................... ...........
.................................................. .............................
Don't compare this to bribe. You lack judgment. That is the way consulting business work irrespective of whether it as an Indian owned company or American company.
Regarding "job at hand", as long as the company is paying wages to the employee from day1, there should not be an issue. H1B laws don't say you have to have an end client to sponsor an H1. Employer needs to pay the employee from day1. That is it. Only outsourcing companies can guarantee an end client.
Don't site examples of companies that are not following rules to make a point.
I am sure you were not air-lifted by one of the US companies from India.
If you are an IIT ian, companies may do that. Not otherwise.
If you have some issues with consulting companies, that is your personal problem. It has nothing to do with H1.
.................................................. ...............................................
.................................................. .............................................
.................................................. ................................................
What you are saying..about consulting companies not having a "job" at hand to offer is the mis-use of the Visa. This is the loop-hole that cause small time shops to jsut bring a lot of people onsite and then start sending resume arranging interviews etc............................................... ...........
.................................................. .............................
Don't compare this to bribe. You lack judgment. That is the way consulting business work irrespective of whether it as an Indian owned company or American company.
Regarding "job at hand", as long as the company is paying wages to the employee from day1, there should not be an issue. H1B laws don't say you have to have an end client to sponsor an H1. Employer needs to pay the employee from day1. That is it. Only outsourcing companies can guarantee an end client.
Don't site examples of companies that are not following rules to make a point.
I am sure you were not air-lifted by one of the US companies from India.
If you are an IIT ian, companies may do that. Not otherwise.
If you have some issues with consulting companies, that is your personal problem. It has nothing to do with H1.
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arunarch
08-22 01:35 PM
I might be wrong, but I think the way it works is by supply and demand. If the supply of new visa numbers is much less than the demand, the dates might go back.
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Libra
01-11 12:42 PM
please cast your vote
I sent the letter to the President and copy to IV on 01/08/2007.
I sent the letter to the President and copy to IV on 01/08/2007.
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spindoctor
07-19 05:47 PM
Hi all legal eagles, advice please
My case is quite complicated. Here is my situation.
(1) Applied for I-485 (Adjustment of status) in July 2007. EB2-India category, PD March 2006.
(2) Wife missed the bus when I applied for I-485. Her papers were not ready at that time.
(3) Changed job utilizing AC21. So no more H1 status for me. Working on EAD in a new company. Living in US on a pending I-485 status.
(4) Sent wife to India so that she will not stay in the US on an invalid H4. (After I quit my company, I assumed my H1 and my wife's H4 became automatically invalid because they belonged to my previous company. In any case those H1/H4 have expired too now.).
(5) I was planning to call wife on a visitor visa. We planned to apply her I-485 once she is in US and dates become current for her.
(6) Suddenly, my PD is current as per the latest bulletin!! Totally unexpected!!
(7) Wife can't come back to US on a short notice on a visitor visa because of many pending tasks back at home.
Now the big question is, is it worthwhile to apply for my wife's I-485 in India through a consular processing route? My understanding is that consular processing does not provide the benefits of EAD and advanced parole. So my wife will anyway have to come to US on a visitor visa. So we may as well apply her I-485 in US itself. At least then our applications will be processed together and she will get the benefits of EAD. And if there are any immigration interviews we can go together too.
But the risk in this plan is that
(1) By the time she is back in US the dates may retrogress again.
(2) Worse, my GC may get approved this month itself, before my wife even has a chance of applying her own I-485, cutting off my wife's chances of getting a dependent GC based on my GC forever.
Now my hunch is that risk no. 1 is a low risk. Either the dates won't retrogress again, or even if they do, they will move forward in October again. So we can live with that.
Risk no. 2 is a bigger risk. But can USCIS take a decision on my I-485 petition so quickly. I don't think so. But if it does, then we lovers will be torn apart.
And lastly, has anybody ever heard of "Follow to join" procedure? What exactly is it and can we utilize it to our benefit?
My case is quite complicated. Here is my situation.
(1) Applied for I-485 (Adjustment of status) in July 2007. EB2-India category, PD March 2006.
(2) Wife missed the bus when I applied for I-485. Her papers were not ready at that time.
(3) Changed job utilizing AC21. So no more H1 status for me. Working on EAD in a new company. Living in US on a pending I-485 status.
(4) Sent wife to India so that she will not stay in the US on an invalid H4. (After I quit my company, I assumed my H1 and my wife's H4 became automatically invalid because they belonged to my previous company. In any case those H1/H4 have expired too now.).
(5) I was planning to call wife on a visitor visa. We planned to apply her I-485 once she is in US and dates become current for her.
(6) Suddenly, my PD is current as per the latest bulletin!! Totally unexpected!!
(7) Wife can't come back to US on a short notice on a visitor visa because of many pending tasks back at home.
Now the big question is, is it worthwhile to apply for my wife's I-485 in India through a consular processing route? My understanding is that consular processing does not provide the benefits of EAD and advanced parole. So my wife will anyway have to come to US on a visitor visa. So we may as well apply her I-485 in US itself. At least then our applications will be processed together and she will get the benefits of EAD. And if there are any immigration interviews we can go together too.
But the risk in this plan is that
(1) By the time she is back in US the dates may retrogress again.
(2) Worse, my GC may get approved this month itself, before my wife even has a chance of applying her own I-485, cutting off my wife's chances of getting a dependent GC based on my GC forever.
Now my hunch is that risk no. 1 is a low risk. Either the dates won't retrogress again, or even if they do, they will move forward in October again. So we can live with that.
Risk no. 2 is a bigger risk. But can USCIS take a decision on my I-485 petition so quickly. I don't think so. But if it does, then we lovers will be torn apart.
And lastly, has anybody ever heard of "Follow to join" procedure? What exactly is it and can we utilize it to our benefit?
more...
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drona
07-26 03:42 PM
Aren't you worried about your fingerprints then? Just kidding! Couldn't resist! :)
JA1HIND
01-26 06:00 PM
hey thanks for the replies....
I talked to the employer and he says that this is a standard clause that is put in almost every company's offer letter. While I am experienced and dont need trainings, there are other candidate who will go through some trainings prior to start of work. The company does not want to loose the training costs incurred for those candidates who may leave them just after completing the training. And hence the clause.
I need one advise from you all...In case I do not take any training from the company, and decide to leave the company after some duration, will I be liable to pay something to the company considering the above clause? Is there a way the company can prove that I went through a training when I actually did not? Is my position safe?
be careful with what your employer say's "....that this is a standard clause that is put in almost every company's offer letter."..one thing is for sure, if its written in terms & condition or some type of agreement, I don't understand how can your employer say that its standard clause.....is he/she gone out their brains??
You take training or don't take training and still planning to leave before agreed contract then company will have full support legally to BURN YOUR A** at any time if they need to....(FYI- I am the personal victim and ended up paying 7K..which hurts when I think about it....) and just wanted to warn you to be careful before you make any such decisions and might end up something like what happen to me....
I talked to the employer and he says that this is a standard clause that is put in almost every company's offer letter. While I am experienced and dont need trainings, there are other candidate who will go through some trainings prior to start of work. The company does not want to loose the training costs incurred for those candidates who may leave them just after completing the training. And hence the clause.
I need one advise from you all...In case I do not take any training from the company, and decide to leave the company after some duration, will I be liable to pay something to the company considering the above clause? Is there a way the company can prove that I went through a training when I actually did not? Is my position safe?
be careful with what your employer say's "....that this is a standard clause that is put in almost every company's offer letter."..one thing is for sure, if its written in terms & condition or some type of agreement, I don't understand how can your employer say that its standard clause.....is he/she gone out their brains??
You take training or don't take training and still planning to leave before agreed contract then company will have full support legally to BURN YOUR A** at any time if they need to....(FYI- I am the personal victim and ended up paying 7K..which hurts when I think about it....) and just wanted to warn you to be careful before you make any such decisions and might end up something like what happen to me....
jitnair
08-05 09:50 PM
But consider this: I just posted this in the approval thread:
Looking at the overall approval trend in IV, , Murthy forum etc it is clear to me that FIFO is out of the door and in most likelihood low hanging fruit is being plucked from the tree. At the next Ombudsman call I am going to raise the issue of USCIS's declared commitment to FIFO but actions that seem completely contrary to it.
Obviously anonymous postings in open forums cannot be presented as evidence but one can certainly request the Ombudsman's office to ask for monthly 485 approval statistics and the cat will be out of the bag. By the time the wheels of Goverment bureaucracy move it might be a month or two before this data is made available to the Ombudsman's Office; forget the applicants - that will be like asking for the moon.
Regardless of whether I get approved or not in the next month or two; from a process perspective a monthly approval report going from the USCIS to the Ombudsman's Office each month should hopefully force them to stop this stonewalling and walk the talk.
This will not only help EB2s down the line but spare a thought for next year when EB2 is current, EB3 has a cut off of June 1, 2006 and we start seeing May 2006 EB3 approvals when 2001/02 EB3s are still pending. Again I welcome suggestions but the focus of my effort is going to be the approval process rather than a personal case or two.
Agree - Only solution is to process by PD, rather than anyother dates - Also the PD porting mechanism needs some review. Once the position in line is set it should be set for ever - It is simply unfair for deserving folks waiting in line from 01 (if they are truly 'waiting' that is) if an 04 guy gets approved just becoz. he got his app at NSC/TSC's door a few days earlier. I dont think anyone will complain with that kind of a rule - other than may be USCIS as their processing statistics/metrics may become complicated.
May be writing to Ombudsman will help in this regard.
Looking at the overall approval trend in IV, , Murthy forum etc it is clear to me that FIFO is out of the door and in most likelihood low hanging fruit is being plucked from the tree. At the next Ombudsman call I am going to raise the issue of USCIS's declared commitment to FIFO but actions that seem completely contrary to it.
Obviously anonymous postings in open forums cannot be presented as evidence but one can certainly request the Ombudsman's office to ask for monthly 485 approval statistics and the cat will be out of the bag. By the time the wheels of Goverment bureaucracy move it might be a month or two before this data is made available to the Ombudsman's Office; forget the applicants - that will be like asking for the moon.
Regardless of whether I get approved or not in the next month or two; from a process perspective a monthly approval report going from the USCIS to the Ombudsman's Office each month should hopefully force them to stop this stonewalling and walk the talk.
This will not only help EB2s down the line but spare a thought for next year when EB2 is current, EB3 has a cut off of June 1, 2006 and we start seeing May 2006 EB3 approvals when 2001/02 EB3s are still pending. Again I welcome suggestions but the focus of my effort is going to be the approval process rather than a personal case or two.
Agree - Only solution is to process by PD, rather than anyother dates - Also the PD porting mechanism needs some review. Once the position in line is set it should be set for ever - It is simply unfair for deserving folks waiting in line from 01 (if they are truly 'waiting' that is) if an 04 guy gets approved just becoz. he got his app at NSC/TSC's door a few days earlier. I dont think anyone will complain with that kind of a rule - other than may be USCIS as their processing statistics/metrics may become complicated.
May be writing to Ombudsman will help in this regard.
