kshitijnt
05-01 11:56 PM
even if yu have got a red dot for some stupid reason I was strongly tempted to give yu ared dot for this reply. If not let the administrators give yu one................
Why arent you tempted to give me green though :)
Why arent you tempted to give me green though :)
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BharatPremi
11-01 04:55 PM
Guys,
Here is my understanding. Please add your suggestions and opinions
Goal: Use AC21 safely to achieve GC
Addressed Parties: Applicant( "A")
Current Employer(Comany X - "X")
Client of current Employer (Company Y - "Y")
Future Employer (Company Z - "Z")
Prerequsites:
------------
Good Relations with X
----------------------
Documents to be asked for:
--------------------------
1) 181 Days wait period
2) "Intent to hire in future" Letter on the last day of the job
3) Copy of "Employment Letter" submitted for 485
4) Copy of certified labor
5) Copy of approved I-140
6) Original 485 receipt and original receipts of AP and EAD if applicable
7) Original pay stubs for this 181 days period
Bad Relations with X
--------------------
Documents to be asked for:
--------------------------
All above. Copy of I-140 approval (Or just LIN/SRC No would do too),
Labor certification number and copy of 485 receipts ARE MUST.
Paystubs anyway you will get. In case if "employment letter" is not
given then try to take "Reference letter" from Y which depicts you
were working as a X's consultant with title "Job description --matching
Job Code" from this period to this period (Last day of your 181st day)
Things to be taken care of at Z side:
-----------------------------------
1) Have H1 transferred first if want to be on H1. Otherwise use approved EAD
2) Have offer letter with start date (182nd day), with "Same Job Code" with
your 485 is filed and written commitment of pursuing GC from where it was
left without any condition.
3) Have commitment of direct communication with lawyer
4) Have employment letter secially prepared for teh use of AC21 having start
date, Job code, title, job description and commitment of future continued
employment
5) Send AC21 notification letter alongwith employment letter of Z, paystubs
from X through Z's lawyer.
Thanks.
AM I MISSING SOMETHING?
Here is my understanding. Please add your suggestions and opinions
Goal: Use AC21 safely to achieve GC
Addressed Parties: Applicant( "A")
Current Employer(Comany X - "X")
Client of current Employer (Company Y - "Y")
Future Employer (Company Z - "Z")
Prerequsites:
------------
Good Relations with X
----------------------
Documents to be asked for:
--------------------------
1) 181 Days wait period
2) "Intent to hire in future" Letter on the last day of the job
3) Copy of "Employment Letter" submitted for 485
4) Copy of certified labor
5) Copy of approved I-140
6) Original 485 receipt and original receipts of AP and EAD if applicable
7) Original pay stubs for this 181 days period
Bad Relations with X
--------------------
Documents to be asked for:
--------------------------
All above. Copy of I-140 approval (Or just LIN/SRC No would do too),
Labor certification number and copy of 485 receipts ARE MUST.
Paystubs anyway you will get. In case if "employment letter" is not
given then try to take "Reference letter" from Y which depicts you
were working as a X's consultant with title "Job description --matching
Job Code" from this period to this period (Last day of your 181st day)
Things to be taken care of at Z side:
-----------------------------------
1) Have H1 transferred first if want to be on H1. Otherwise use approved EAD
2) Have offer letter with start date (182nd day), with "Same Job Code" with
your 485 is filed and written commitment of pursuing GC from where it was
left without any condition.
3) Have commitment of direct communication with lawyer
4) Have employment letter secially prepared for teh use of AC21 having start
date, Job code, title, job description and commitment of future continued
employment
5) Send AC21 notification letter alongwith employment letter of Z, paystubs
from X through Z's lawyer.
Thanks.
AM I MISSING SOMETHING?
marty
05-30 10:17 AM
no photo is required. They might take a photo of you if they think its old. You can take fresh photos if you want but I don't think that you will need it.
Now the next thing. You will definitly be asked and might also be threatened by the US immigration officer when you tell them that you went to canada for landing and you have also applied for US immigration. You can be lucky and might not be asked this question but there is a great possibility that it will be raised. Although there is no law that says you cannot obtain PR for any other country as long as your application for US PR is pending, you will be harassed when you tell them that you are in US on AOS. Remember one thing: DO NOT TELL IO THAT YOU PLAN TO ABANDON CANADIAN PR ONCE YOU GET US PR AS YOU WILL BE COUNTER ASKED THAT YOU HAVE WASTED THE CANADIAN VISA NUMBER AND ALSO PLANNING TO WASTE THE VISA NUMBER AS ANOTHER INDIVIDUAL WOULD'VE GOT THAT. Just stay calm and let them say whatever they want to say.
What is your POE?
Now the next thing. You will definitly be asked and might also be threatened by the US immigration officer when you tell them that you went to canada for landing and you have also applied for US immigration. You can be lucky and might not be asked this question but there is a great possibility that it will be raised. Although there is no law that says you cannot obtain PR for any other country as long as your application for US PR is pending, you will be harassed when you tell them that you are in US on AOS. Remember one thing: DO NOT TELL IO THAT YOU PLAN TO ABANDON CANADIAN PR ONCE YOU GET US PR AS YOU WILL BE COUNTER ASKED THAT YOU HAVE WASTED THE CANADIAN VISA NUMBER AND ALSO PLANNING TO WASTE THE VISA NUMBER AS ANOTHER INDIVIDUAL WOULD'VE GOT THAT. Just stay calm and let them say whatever they want to say.
What is your POE?
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glus
07-09 05:51 PM
awsome ...did you get the list of emails i sent you via email :)
yes, I did. Thanx.
yes, I did. Thanx.
more...
akhilmahajan
04-23 11:38 AM
My understanding is after 180 days of 485 filing, even if the employer revokes the approved 140, the 485 application does not get affected if you apply AC21 and let USCIS know that you have changed employment and the job duties are similar. Is it true? or is there is any risk if employer revokes 140?
As per the Yates memo, we are covered once 180 days have passed since filing 485.
If the employer revokes 140, then USCIS will issue a RFE, most probably NOID on your 485. AC-21 papers filed or not, its up to the officer who is handling your case. Even if you sent the AC-21 papers, he/she still can issue a NOID.
Then it will up to you to prove that changing jobs was with in rules. A lot of people do it and get GC's. Its a common practice and is now becoming more visible.
So, just be cautious with the job change and make sure your job responsibilties are as close as mentioned on the labor.
I hope it helps.
GO IV GO. TOGETHER WE CAN.
As per the Yates memo, we are covered once 180 days have passed since filing 485.
If the employer revokes 140, then USCIS will issue a RFE, most probably NOID on your 485. AC-21 papers filed or not, its up to the officer who is handling your case. Even if you sent the AC-21 papers, he/she still can issue a NOID.
Then it will up to you to prove that changing jobs was with in rules. A lot of people do it and get GC's. Its a common practice and is now becoming more visible.
So, just be cautious with the job change and make sure your job responsibilties are as close as mentioned on the labor.
I hope it helps.
GO IV GO. TOGETHER WE CAN.
hrushi_j
02-09 11:51 AM
Thanks!
This is very easy and takes 15 seconds if you already have the paypal set up.
Transaction Details
Payment Sent (Unique Transaction ID #59F40058D17019301)
Original Transaction
Date Type Status Details Amount
Feb. 9, 2009 Payment To Immigration Voice Completed ... -$21.00 USD
Related Transaction
Date Type Status Details Amount
Feb. 9, 2009 Charge From Credit Card Completed Details $21.00 USD
Business Name:
Immigration Voice
Email:
donations@immigrationvoice.org
This is very easy and takes 15 seconds if you already have the paypal set up.
Transaction Details
Payment Sent (Unique Transaction ID #59F40058D17019301)
Original Transaction
Date Type Status Details Amount
Feb. 9, 2009 Payment To Immigration Voice Completed ... -$21.00 USD
Related Transaction
Date Type Status Details Amount
Feb. 9, 2009 Charge From Credit Card Completed Details $21.00 USD
Business Name:
Immigration Voice
Email:
donations@immigrationvoice.org
more...
rsharma
09-23 01:33 PM
"EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are �porting� their priority dates into the EB-2 India category and are thus taking visa numbers.
EB2 India is slowwly becoming EB3 as thousands are porting from EB3 to EB2. Some of them are really worthy of EB2 and some of them are fradulent.
EB2 India applicants should wake up from their celebratio of a few months leap and get ready for slow movement or retro.
Guys wake up and fight to make the porting rules veryu strong if not stop porting. The rule should be if I140 for porting is denied then the applicatnt should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fradulent applicants cannot port from EB3 to EB2.
P.S: I know I will get thousands of REDs. I do not care... EB2 I guys wake up.. Time is running out.. EB2 I will very quickly become same as EB3I.
EB2 India is slowwly becoming EB3 as thousands are porting from EB3 to EB2. Some of them are really worthy of EB2 and some of them are fradulent.
EB2 India applicants should wake up from their celebratio of a few months leap and get ready for slow movement or retro.
Guys wake up and fight to make the porting rules veryu strong if not stop porting. The rule should be if I140 for porting is denied then the applicatnt should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fradulent applicants cannot port from EB3 to EB2.
P.S: I know I will get thousands of REDs. I do not care... EB2 I guys wake up.. Time is running out.. EB2 I will very quickly become same as EB3I.
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amsgc
07-04 11:23 PM
Are you sure about that...never heard of I140 portability. If it were true...why would there be such a big ho ha about AC-21.
Iam a novice at this, and am by no means contradicting your point...just skeptical..
To be more accurate, it is not porting I-140, it is retaining your old priority date, and using it with your new I-140 petition.
When you move, your new company will have to start the GC process from the begining - Labor, I-140. It is just that when they file your new I-140, you will have to provide a copy of your old one and request to keep the old priority date.
I think there are some requirements to get this right - one of them being your job classification should be the same. There is a thread on this subject somewhere on this forum, you can dig it out and ask questions there.
Iam a novice at this, and am by no means contradicting your point...just skeptical..
To be more accurate, it is not porting I-140, it is retaining your old priority date, and using it with your new I-140 petition.
When you move, your new company will have to start the GC process from the begining - Labor, I-140. It is just that when they file your new I-140, you will have to provide a copy of your old one and request to keep the old priority date.
I think there are some requirements to get this right - one of them being your job classification should be the same. There is a thread on this subject somewhere on this forum, you can dig it out and ask questions there.
more...
pd052009
02-10 10:53 AM
looks like there is some hope for us in 2013 if the elections go well :)
If we have the same congress that only knows immigration as illegal immigration, the president can not give us any HOPE :(
If we have the same congress that only knows immigration as illegal immigration, the president can not give us any HOPE :(
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spulapa
02-02 01:12 PM
[QUOTE=shreekhand;2310147]Nobody is holding them back and that is the very reason they are planning to go back... got it ?
Your rant in the post of all things, especially about the caste system seems like the half baked knowledge of a westerner bloating and carrying the caste "issue" to stratospheric levels!
I don't from what area in India exposed you to your experiences, but apart from the ridiculous reservations and quota system, there have been no caste related issues that I or my family faced while in western India. Be it working with people from all castes, making friends with them or really helping the neglected. This was the case with my neighbors or any relatives.
This shows how ignorant you are about the most prevailing and backward situation in INDIA. Unfortunately the above comments show you like the cat drinking the milk closing eyes thinking nobody is watching her.
Do you even know why the quota system was introduced. it is a different thing that it is not being utilized the way it had to be put into use. You are just from western part of India don't speak as though you are from western part of the world. I guess you don't watch the news where they speak about the various atrocities done on the backward class by the forward class. I feel sorry for your ignorance that is all I can do. When possible go to any NGO social service people and ask about caste system and they will give you ample stories which might shatter your belief. What I agreed with the fellow IV member was on a different issue and I acknowledge the fact that things are wrong in each part of the world and every country has its own share of issues. Just like nobody is perfect not every place is perfect. But not acknowledging the fact that something is so widely prevalent in India just shows how far as an individual you are away from reality.
Peace.
Your rant in the post of all things, especially about the caste system seems like the half baked knowledge of a westerner bloating and carrying the caste "issue" to stratospheric levels!
I don't from what area in India exposed you to your experiences, but apart from the ridiculous reservations and quota system, there have been no caste related issues that I or my family faced while in western India. Be it working with people from all castes, making friends with them or really helping the neglected. This was the case with my neighbors or any relatives.
This shows how ignorant you are about the most prevailing and backward situation in INDIA. Unfortunately the above comments show you like the cat drinking the milk closing eyes thinking nobody is watching her.
Do you even know why the quota system was introduced. it is a different thing that it is not being utilized the way it had to be put into use. You are just from western part of India don't speak as though you are from western part of the world. I guess you don't watch the news where they speak about the various atrocities done on the backward class by the forward class. I feel sorry for your ignorance that is all I can do. When possible go to any NGO social service people and ask about caste system and they will give you ample stories which might shatter your belief. What I agreed with the fellow IV member was on a different issue and I acknowledge the fact that things are wrong in each part of the world and every country has its own share of issues. Just like nobody is perfect not every place is perfect. But not acknowledging the fact that something is so widely prevalent in India just shows how far as an individual you are away from reality.
Peace.
more...
man-woman-and-gc
09-17 12:35 AM
Good Job Folks...keep the pledges coming.
And guys..lets not fight or critisize each other...initiatives like this are voluntary..if u are convinced, welcome aboard, if not, you are more than welcome to watch it from a distance.
Everyone here is mature enough to know what is right and wrong for them and we should respect it regardless of whether they are in favor of this initiative or not...
For now..we are moving forward...and that's what counts at the end of the day.
And guys..lets not fight or critisize each other...initiatives like this are voluntary..if u are convinced, welcome aboard, if not, you are more than welcome to watch it from a distance.
Everyone here is mature enough to know what is right and wrong for them and we should respect it regardless of whether they are in favor of this initiative or not...
For now..we are moving forward...and that's what counts at the end of the day.
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aniraj
02-03 03:37 PM
All the best to you. You must have thought & compared all the limitations.
In my opinion the issues, advantages & disadvantages change from country to country. It depends on a person how S/He applies those yardsticks during & to particular circumstances. One thing I can not agree more about is the opportunities in education available in US compared to India. I know people will be all over me after saying this but inspite of cost being the factor (which unfortunately is also a factor in case of some good institutions in India now) the avenues available to young generation in US irrespective of their cast/religion/race & financial ability is comparitively greater in US.
More importantly most of us will be able to adjust to changes relatively quickly but if we have kids who are raised in this system & are at high school level it will be really challanging for them to enter the system in India.
In my opinion the issues, advantages & disadvantages change from country to country. It depends on a person how S/He applies those yardsticks during & to particular circumstances. One thing I can not agree more about is the opportunities in education available in US compared to India. I know people will be all over me after saying this but inspite of cost being the factor (which unfortunately is also a factor in case of some good institutions in India now) the avenues available to young generation in US irrespective of their cast/religion/race & financial ability is comparitively greater in US.
More importantly most of us will be able to adjust to changes relatively quickly but if we have kids who are raised in this system & are at high school level it will be really challanging for them to enter the system in India.
more...
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reedandbamboo
09-13 09:30 PM
And to be honest, I don't know what happens if they simply choose to ignore us !! But I'm done with doing NOTHING. I need to let them know what I think.
On another note, it appears that the US has chosen to PRETEND to deal with immigration (legal and illegal) by endlessly proposing and killing legislation in Congress. This way they're throwing a bone to us (immigrants) while safeguarding their re-election (since they're not approving any kind of pro-immigration legislation, they aren't incurring the wrath of the almighty electorate).
On another note, it appears that the US has chosen to PRETEND to deal with immigration (legal and illegal) by endlessly proposing and killing legislation in Congress. This way they're throwing a bone to us (immigrants) while safeguarding their re-election (since they're not approving any kind of pro-immigration legislation, they aren't incurring the wrath of the almighty electorate).
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irock
08-27 04:34 PM
my lawyer just faxed me my I-485 receipt.
Center: NSC
RD: 26th July (sent on 25th July)
ND: 22nd Aug
140 was approved at NSC. No LUDs on my approved I-140 or H1s.
Attorney sent his checks, so don't know whether those checks are cleared or not.
Even though I applied 485, AP, EAD for me and for my wife in the same package, we
received receipt for only my I-495. Hey, I'm not complaining. Just passing this info to you guys.
Center: NSC
RD: 26th July (sent on 25th July)
ND: 22nd Aug
140 was approved at NSC. No LUDs on my approved I-140 or H1s.
Attorney sent his checks, so don't know whether those checks are cleared or not.
Even though I applied 485, AP, EAD for me and for my wife in the same package, we
received receipt for only my I-495. Hey, I'm not complaining. Just passing this info to you guys.
more...
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imconfused
07-03 11:17 AM
trust me, everyone will write for 2 days more, then move on... i know that! agar kuch karna hi hotta to apna desh kahaan se kahaan pahunch gaya hotta... apne desh ko to badal nahi sakte idhar kya karengey? hehe
keep writing, let me also see how many of us can do this..
sab bol bacchan amitabh bachchan..
keep writing, let me also see how many of us can do this..
sab bol bacchan amitabh bachchan..
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sc3
08-18 05:18 PM
I am an EB3 (so go ahead with your Red dots!)...
For any lawsuit, there needs to be a basis. What is the basis of your proposed lawsuit?
It has been standard operating procedure to process applications on a FIFO basis, subject to some granularity. People who feel they should get their GCs first because their PDs are older are sadly mistaken. Processing by USCIS is based on RD/ND. Not PD. So any lawsuit complaining about PD-FIFOs is not going to fly.
I highly doubt that any lawsuit which complains that NSC is slower than TSCs is not going to fly either. Each Service center has certain amount of staff, and allocation to jobs, they will be some discrepancy. If someone is able to make a lawsuit stick on this basis, let us know, we will build a avalanche of lawsuits because labor was not being approved in an orderly fashion in 2001-2004 time frame, all of which will then have a direct impact on all the 2004-2006 filers.
Go ahead and help us out. File your lawsuits, EB3s will join the party with our own lawsuits.
For any lawsuit, there needs to be a basis. What is the basis of your proposed lawsuit?
It has been standard operating procedure to process applications on a FIFO basis, subject to some granularity. People who feel they should get their GCs first because their PDs are older are sadly mistaken. Processing by USCIS is based on RD/ND. Not PD. So any lawsuit complaining about PD-FIFOs is not going to fly.
I highly doubt that any lawsuit which complains that NSC is slower than TSCs is not going to fly either. Each Service center has certain amount of staff, and allocation to jobs, they will be some discrepancy. If someone is able to make a lawsuit stick on this basis, let us know, we will build a avalanche of lawsuits because labor was not being approved in an orderly fashion in 2001-2004 time frame, all of which will then have a direct impact on all the 2004-2006 filers.
Go ahead and help us out. File your lawsuits, EB3s will join the party with our own lawsuits.
more...
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JunRN
09-12 04:44 PM
It seems that the delay was cause by the USCIS itself. It should have made known to applicants where to "correctly" send the application such as if your I-140 was approved in TSC, send your application to TSC. What happened was a lot of applicants sent their application to NSC, but was transferred to TSC. This cause a big delay in Receipting.
My application was sent to the right Service Center. Therefore, I believe, this resulted to my Receipt Notices being received according to the USCIS Receipting Update.
My application was sent to the right Service Center. Therefore, I believe, this resulted to my Receipt Notices being received according to the USCIS Receipting Update.
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gc28262
07-20 11:35 AM
It's more of a motivation to get up and do something. How much was collected? I know many ppl contributed but the contribution was very less...so u shut up ur hole or whatever language u prefer to use at ur home. My point was to do rather than posting. If u didn't get that, sorry.
smuggymba,
Do you have any numbers for advocacy effort participation in terms of EB2 vs EB3 ? You and some EB2 members on this forum seems to be suggesting that they are getting GCs faster because they did some outstanding effort in terms of IV advocacy effort. Would you mind sharing some evidence in case you have some ?
I didn't see EB2 guys overcrowding that event. There were well meaning, sincere members from both EB2 as well EB3.
Please stop lecturing EB3 guys. If pappu or someone from leadership want to lecture us, it is fine. Not every jack and jill on this forum should lecture us.
smuggymba,
Do you have any numbers for advocacy effort participation in terms of EB2 vs EB3 ? You and some EB2 members on this forum seems to be suggesting that they are getting GCs faster because they did some outstanding effort in terms of IV advocacy effort. Would you mind sharing some evidence in case you have some ?
I didn't see EB2 guys overcrowding that event. There were well meaning, sincere members from both EB2 as well EB3.
Please stop lecturing EB3 guys. If pappu or someone from leadership want to lecture us, it is fine. Not every jack and jill on this forum should lecture us.
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gc_bulgaria
09-20 10:15 AM
Today I saw that my checks were cashed and I called USCIS to get the receipt numbers. The IO was very polite and gave me the numbers. Although I had filed at the Nebraska center, the receipt number starts with SRC (Texas).
EB2 ROW (Cross Charge)
PD: 1/11/07
I 140 Approved (Texas): 8/22/07
AOS sent (Nebraska) : 7/26/07
Receipt /Notice (SRC): 9/17/07
EB2 ROW (Cross Charge)
PD: 1/11/07
I 140 Approved (Texas): 8/22/07
AOS sent (Nebraska) : 7/26/07
Receipt /Notice (SRC): 9/17/07
subdhar
08-24 01:35 PM
did you get this approval from TSC or nebraska??
thescadaman
11-17 04:17 PM
done - Thanks!
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