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  • suhanya
    08-13 09:50 PM
    I have a pending AOS (I-485) application
    filed by my previous employer (company A). The I-140 is approved and is well
    past 180 days. I moved from company A to company B in late April
    2008. They did an H1 transfer and filed for AOS portability under
    AC21. I did not like the role there, so had planned a move to Company C, my current employer - again H1 transfer and AC21 (yet to
    be filed). Just before I moved, I got another offer from company D
    (which I believe best fits my long term career interests). I would've
    avoided the hop to company C had I not given the notice to leave at
    Company B. Now, I am looking to move to company D at the earliest (perhaps in a month). I have
    been at company C for 4 weeks now.

    Question:
    Should company C file an AC21? Since there is already an AC21 on file (by
    company B) and if I will move to company D, can I reduce one additional AC21
    filing? This is just so that there aren't 3 Ac21s filed and to avoid
    making me look frivolous. Please advice. If its safer to file it, I
    can request an AC21 filing soon from company C.





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  • aat0995
    08-07 05:44 PM
    Student Visa comes to mind. I hope you don't cancel your marriage due to this fact. Good Luck. You might be able to start another GC process as well.





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  • pd_recapturing
    04-10 11:15 AM
    Sanbaj, Is there any update regarding your case ?





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  • mbawa2574
    07-06 09:02 PM
    Hopeful has a valid point when it comes to sending flowers to USCIS. I am not sure that will make any difference . Flowers will not change USCIS overnight but will get us some good media publicity .Yes when it comes to american or any other politics , money is an important factor and if you can hit money, all issues can be resolved. I wish India one day becomes such a prosperous country that immigration no longer is lucrative for Indians and none of our generations to come have to go through all this mess !!!!!!:D



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  • svr_76
    03-11 10:49 PM
    Are you so powerful to make all these changes ? You don't have to do so many things for me. Just get me a GC. I won't ask for anything else from you.

    Take it easy.

    I think these baby steps on enforcing due-diligence will get us all there....





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  • unitednations
    03-11 05:19 PM
    You're right, the point I was making is the real intention of these Senators...When you want to scr.ew somebody you ask questions that are hard and mostly unanswerable....Take this example, Look at the requirement that Hyderabad Consulate has put up for H1B Visa Stamping, it sounds like they are saying don't you dare!!!

    The hyderabad consulate is nothing new. Chennai has been asking for this type of documents for years.

    Yes; some people are not going to change their minds no matter what. I'm sure Grassley gets a lot of contributions and support from like minded people and he has to toe their line or they turn on him.

    The other real American way would be to look at ways of undermining Grassley.

    Case in point was Elliot Spitzer. Although what he was doing was right and justified; he took on some big players in Wall Street. Lots of fines; regulations, etc. Then all of a sudden he gets caught in a sting and he is ruined forever.



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  • EBX-Man
    05-12 11:33 AM
    Pappu,

    Reality is DREAM act is directly connected to HISPANIC votes for Democrats, EB community doesnt have any VOTING rights, neither they get any support from the folks who are already GC/UScitizenship holders.

    Once people are out of this GC mess, they all start talking about anti immigration and that's the reality, u go to any indian community around and see how much support you have from those folks who have GC/US citizenship.

    Hispanic community has unity. EB Community has factured groups, each intenet on their narrow goals and aspirations. There is no use commenting on and comparing Hispanic comunity with legal community. Every illegal fights for all the illegals where as every EB immigrant fights for himself and by extension his/her group be it preference category or country category





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  • mrajatish
    12-28 08:54 PM
    This is a pretty serious issue and needs to be looked at carefully - it could mean a significant difference to wait times for Indians and Chinese in EB2 category.

    I will speak with my attorneys and try to find out more.



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  • Mount Soche
    12-18 09:16 AM
    This is not to oppose your message - I am just trying to figure out where these arguments comes from because I don't think I believe in this whole fraud thing. AC21 is meant for one to change jobs after working for the original sponsoring company for 180 days. Also, there are no clear guidelines stating that one must inform the USCIS - so what will this fraud be based on? How can one be committing fraud if there are no guidelines to tell you what is considered fraudulent? I think one is fraudulant when one actually violates some set rules etc. I don't think the USCIS can have a basis for suspecting someone of fraud when they don't even have a definition of what may constitute fraud in this case because of the lack of guidelines. Plus, I have never, ever heard of anyone be denied or suspected of anything like this during citizenship, I just don't believe this is a factor AT ALL. I see these comments a lot and they just don't make any sense to me. To me, it is like breaking a law that doesn't exist. And you say one may be "suspected", well, suspicion is just that, suspicion. The USCIS needs to show proof that you intended to be fraudulent and for as long as there are no AC21 guidelines that tell you that you must inform the USCIS upon invoking AC21, the USCIS will not and cannot have a case against you.

    The disadvantage of not filing for AC21 is if your AoS is approved with USCIS believing that you will be working for the original petitioner after approval.

    That is the disadvantage. USCIS will not know that you intended to port to new employer by invoking AC21 and come the time your apply for Naturalization, USCIS will discover it and may suspect you of fraud.





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  • obviously
    03-21 01:01 PM
    http://immigrationvoice.org/forum/showthread.php?t=3361&page=2

    Consider taking copies of ALL the flyers... they all have different angles... and will appeal to different needs and interests... but share a common set of core goals.

    Obviously



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  • sanan
    07-07 06:24 PM
    I hope we can get a digital copy and utube it
    Just saw it. Very good. Covered the basic issue very well.





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  • shana04
    02-13 11:22 AM
    Sorry Shana,

    I am a bit confused now, are you in your 5th year extension?.. In which year did your H1 expire?.

    Thanks,

    Example:

    If your h1 expires Feb 12 2010, i.e. you still have 2 more years.
    Assuming: 140 approved and 485 filed.

    Now if you use ac21 with h1, you would only get 2 yrs of extension and there after only 1 yr. (attorney said, if you have 140 approved you get 3 yrs extenion. but once you file your 485, you get the remaining time of 6 yrs or if you are in your 6th year, then you get 1 yrs extension).

    Hope this answers most of the quesitons.



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  • jfredr
    08-22 11:15 AM
    So basically no improvement which anyway we should not expect





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  • kumar1
    10-29 09:23 AM
    So much for so called "highly skilled". Young guys out there, in their 20s....think twice about making America your permanent home. Right now, it is very discouraging.



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  • tinku01
    02-12 12:09 PM
    Sometimes in your life you make bad decisions. It happened unfortunately, because my PD is June 2004 EB2 and when dates became current last year, I thought it needs to move just 3 months to have my date current and as per DOS release there were only 3400 visas in EB2 for 2004.
    Unluckily I chose for CP instead of 485 and now lying in a dark well.

    Anyway please don't sympathize, I'll certainly come out of this situation very soon.





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  • willIWill
    11-02 12:40 PM
    WOW...

    In a matter of minutes my indicator has gone to 3 reds. Am I missing something... ?!!!



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  • rajakannan
    06-27 08:41 AM
    Dude, From your previous posts looks like you have already filed and got your receipt notice.

    http://immigrationvoice.org/forum/showthread.php?p=87755#post87755
    http://immigrationvoice.org/forum/showthread.php?p=80880#post80880

    Well, this is not a good idea ... and obviously every one is as anxious as others to get their papers filed on time. This does not make sense at all. I read your posting history and notice your posts with GC approval and also about receipt notice for spouse.

    What is goin on with you ?

    you should probably correct ur sentence "... and obviously every one is as anxious as others to get their papers (fedexed) filed on time, fedexing it will not alone guarantee your filing.





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  • kak1978
    01-13 09:39 AM
    You should be ok. The purpose of COBRA is to have a continued coverage. usually insurance is month to month, so the coverage nessasarly doesn't end the day you quit. All COBRA does is allow you to pay the next months entire premium and keep the existing coverage.
    I tried using COBRA last year and in my case the gap was 3 months and my monthly COBRA payments were about $900/month, since I did not have any ongoing medical conditions or foresee any like pregnancy etc, I went for short term private insurance to fill the gap.

    Pardon my ignorance Gurus.

    But Hypothetical....what would be the scenario, if,
    - I leave the job-A on 1st of the month.
    - join new job-B on 2nd of the month (very next day) but new employer wants me to complete 30 days before providing medical insurance

    - my job-A insurance company sends me COBRA option in two weeks time as required by law

    - Prior to I fill and send out the COBRA docs (roughly 2 - 3 weeks), I have to make some urgent visit to doctor...say in 1st week (say, on 4th of the month)

    - will my job-A company will deny this claim as they only received my COBRA paperwork by 18th of the month whereas I went to doctor on 4th????





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  • add78
    05-15 01:23 PM
    All,

    This is a very good news that I have heard since last July. I am not sure if MBA's will also be condidered as part of this bill. I have paid around $90 K from my pocket, to get my MBA from Duke.

    If that is the case then I would recommend that anyone who has any kind of support from their employer (or even without it) should get a masters degree as soon as possible. This will not only increase our value but will also shorten the queue.... just my 2 cents.
    Unfortunately MBA does not fall under STEM degree list.
    Per the recent OPT extension rule announcement by USCIS, you can write to them as they are taking suggestions with the reasons why MBA should be included. It will be hard to pursue because it is difficult to show shortage of skilled workers with MBA skills needed in US, but you are welcome to send USCIS letters.





    Michael chertoff
    08-22 12:55 PM
    Damn man





    logiclife
    12-13 03:23 PM
    Hi,
    I have got a job offer & this employer has few pre-approved labors which he offered me if I join him.

    I am on H1B visa since 3.5+ years & I am looking for the company to get my GC as soon as possible. I have BS + 10 years of IT experience in India/ USA/ UK, as Software Engineer/ Solution Architect / Project Lead/ Project Manager / Sr. PM etc.

    I want to know :

    1. Is it possible to use this pre-approved labor for me... if I have all matching skills & experiences to show in my resume (experiences/skills gained before that approval date of that labor)...? This approved labor shows the name of their previous consultant.

    2. Is it necessary to file the labor substitution by the employer...if I want to use that approved labor...?

    3. Is it possible for this employer to directly file my I-140 against this approved labor...?

    4. What are the info/proofs to verify that this employer is really filling my I-140 against this labor... ? (This employer has their attorney & I could not have better communication with their attorney)

    5. This employer is a consulting company...(desi) & they asked me to sign a financial agreement to repay their expenses on labor substitution/I-140/I-485...if I will leave them early. ...Is it legal to ask for such kind of agreement...?

    Please let me know as much as info/ guidance you can provide to me.

    Great thanks in advance for all of your help.

    -------------------------------------------


    Hi, you need lawyer for your first 3 questions. For question 4, you need to ask for copies of 140 petition and 485 petition and labor substitution. If you cannot be strong and ask for it, and take their word, then you will constantly live in doubt and it will be really really bad. Negotiate with them that you will need copies of everything that goes into USCIS and comes out of USCIS and you want your own attorney to handle all that. Otherwise its not worth it. You will put yourself in vulnerable situation without your own attorney doing all the work. If you choose to trust them now, and go along with it(their lawyer, their control), 6 months from now you will be in a worse situation than most of the other guys here who are stuck in 3-4 years of retrogression. Dont ask me how, trust me on this one. I know the tactics and methods of such employers very very very well.

    For questions 5, I think its legal for employers to ask employees to pay for USCIS fees and lawyers fee if the employee quits before GC is approved.

    Other than that, you will find a lot of hatred from this forum as what you are doing is very much inflaming since you are cutting in line -- legally so -- but still, its cutting in line. So dont be surprised by that.

    Good luck and make sure you get your own lawyer(that your are paying to) to do everything about your H1, Labor substituion, GC etc.