chanduv23
09-19 03:40 PM
Here is my dilemma--
MY INFO---
Occupation -- Physician
EB2, INDIA, PD APR 2006, EAD renewed till sept 2010, H1 valid till feb 2010 (non-profit company), I-140 approved, I-485 filed July 2007
I have a very good job offer and I really want to get out of my present job. They expexct me to start work next year in about apr 2008-- The new job is not in my present state but I am freaked out about using AC 21 for following reasons:
-New company has no clue about H1 and they cannot file H1 any way because they are "for profit" and my h1 is presently from non profit and the QUOTA is now over. My occupation still remains same -(I am a physician ---no way to change occupation -- still have to do same job !)
-New company can only give me a generic letter for employment (EVL) ---
"To whomsoever ---etc..it may concern..and only briefly describing my title and job description"
--- My questions to respected IV members
1) should I invoke Ac 21 ??-- I am worried that the EVL may not meet USCIS needs as it may not be fully detailed
2) The other option I have is to take a leave of absence from my present company for one year and start working for the new company? IN this case what happens if I get RFE for EVL ? Which company should I say I am working for present or the future ?
PLEASE HELP I am very confused--- I strongly feel that the leave of absence might be an insurance policy but I don't know how to approach it !!
If you are past 180 days after filing 485 you can change jobs using H1b transfer or EAD. If you use EAD it does not matter if it is profit or non profit.
Your new employer can send letter in any format, but 99% chances that your AC21 will never reach your file - because there is no system in place for it. USCIS treat AC21 letter as response to an RFE - so if you change job you are fine - make sure you update your address on file so that if they send an RFE, you can respond to it, always use a lawyer for everything. In case your ex employer requests USCIS to revoke your 140 then you may get a NOID which is also treated as an RFE. A lot of Visa Officers do not know about AC21 portability - I met one such officer during Infopass and she had no clue about it - may send a denial on 485 - in such cases your case can be reopened through MTR.
You may not even get an RFE at times and things could just be as fine. Hope this helps.
Also consult with an Attorney - it really really helps
MY INFO---
Occupation -- Physician
EB2, INDIA, PD APR 2006, EAD renewed till sept 2010, H1 valid till feb 2010 (non-profit company), I-140 approved, I-485 filed July 2007
I have a very good job offer and I really want to get out of my present job. They expexct me to start work next year in about apr 2008-- The new job is not in my present state but I am freaked out about using AC 21 for following reasons:
-New company has no clue about H1 and they cannot file H1 any way because they are "for profit" and my h1 is presently from non profit and the QUOTA is now over. My occupation still remains same -(I am a physician ---no way to change occupation -- still have to do same job !)
-New company can only give me a generic letter for employment (EVL) ---
"To whomsoever ---etc..it may concern..and only briefly describing my title and job description"
--- My questions to respected IV members
1) should I invoke Ac 21 ??-- I am worried that the EVL may not meet USCIS needs as it may not be fully detailed
2) The other option I have is to take a leave of absence from my present company for one year and start working for the new company? IN this case what happens if I get RFE for EVL ? Which company should I say I am working for present or the future ?
PLEASE HELP I am very confused--- I strongly feel that the leave of absence might be an insurance policy but I don't know how to approach it !!
If you are past 180 days after filing 485 you can change jobs using H1b transfer or EAD. If you use EAD it does not matter if it is profit or non profit.
Your new employer can send letter in any format, but 99% chances that your AC21 will never reach your file - because there is no system in place for it. USCIS treat AC21 letter as response to an RFE - so if you change job you are fine - make sure you update your address on file so that if they send an RFE, you can respond to it, always use a lawyer for everything. In case your ex employer requests USCIS to revoke your 140 then you may get a NOID which is also treated as an RFE. A lot of Visa Officers do not know about AC21 portability - I met one such officer during Infopass and she had no clue about it - may send a denial on 485 - in such cases your case can be reopened through MTR.
You may not even get an RFE at times and things could just be as fine. Hope this helps.
Also consult with an Attorney - it really really helps
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partha_vus
06-13 04:58 PM
Question gurus... I have a xerox copy of my approved I-140. Will this be enough to port the priority date? or do you need the original copy to be submitted along with the new I-140 application when you request portability of older priority date?? please clarify.
Yes. That is suffice. My attorney asked for original and i told him, i have only I140 approval copy. Attorney asked additional proof like pay stubs, w2's from that employer. I submitted copies of pay stubs and w2's from that employer. My case is approved. waiting for the Notice copy. I will come to know once i receive the approval notice whether they ported priority date or not.
thanks,
Yes. That is suffice. My attorney asked for original and i told him, i have only I140 approval copy. Attorney asked additional proof like pay stubs, w2's from that employer. I submitted copies of pay stubs and w2's from that employer. My case is approved. waiting for the Notice copy. I will come to know once i receive the approval notice whether they ported priority date or not.
thanks,
pappu
05-06 08:10 AM
Frequently Asked Questions/Notes:
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Sunday June 6th, Training will start from 10:30 am at Hyatt Regency near Capitol Hill. (http://washingtonregency.hyatt.com/hyatt/hotels/index.jsp?src=agn_smg_hhc_ppc_google_ss_propertysp ecific_wasrw_hyattregencycapitolhill&k_clickid=5a3402af-3df6-af68-63e2-000060fa8023)
Monday June 7th, meeting with the legislative offices
Tuesday June 8th, Press conference in the morning; meeting with legislative offices and a congressional reception that will run to around 10/11 pm. So please book your flights back home on red eye flights Tuesday night or early morning flights on Wednesday.
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===========================
FAQs for Dc advocacy days
http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1597944-advocacy-days-frequently-asked-questions.html#post1961366
- Arrival and Departure details for the advocacy days:
Sunday June 6th, Training will start from 10:30 am at Hyatt Regency near Capitol Hill. (http://washingtonregency.hyatt.com/hyatt/hotels/index.jsp?src=agn_smg_hhc_ppc_google_ss_propertysp ecific_wasrw_hyattregencycapitolhill&k_clickid=5a3402af-3df6-af68-63e2-000060fa8023)
Monday June 7th, meeting with the legislative offices
Tuesday June 8th, Press conference in the morning; meeting with legislative offices and a congressional reception that will run to around 10/11 pm. So please book your flights back home on red eye flights Tuesday night or early morning flights on Wednesday.
- Dress Code: Business Formals for lawmaker meetings and Congressional reception.
- We encourage members to purchase IV merchandise at Immigration Voice : Immigration Voice Merchandise (http://immigrationvoice.org/forum/shop.php?design=immivoice/3434374). IV gets a small commission from the sales.
- Deals for hotels and Airline tickets: Immigration Voice : Immigration Voice Merchandise (http://immigrationvoice.org/forum/shop.php?design=immivoice/3475985) IV gets a small percentage if you book via the links on this page.
- Please contribute generously for this event. ImmigrationVoice.org - Questions on Contributions? (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44)
- A situation room will be set up walking distance to all lawmaker offices. This would help us coordination of this event. We will be posting the information soon.
===========================
FAQs for Dc advocacy days
http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1597944-advocacy-days-frequently-asked-questions.html#post1961366
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bkarnik
05-11 02:44 PM
I am not so sure if the CIR bill will help us. Allowing 12+ million illegals into the same system that we are in will totally screw up our chances of getting green cards. Does the bill mention anything about increasing budget and manpower for the USCIS department to handle 12+ million potential applications? Considering that large numbers of the illegals are from a country which also has a specific country quota in the GC lines, will the bill increase drastically the number of Visa Numbers available??
This bill favors the illegals so much that even reading it makes me wonder how fair the system is to those of us who follow laws and file documents on time. What's the point? All of us should just forget about the rules and go do whatever job we want to do.
Friends...please...the CIR is still better than the present situation we are in. It increases the H1B numbers, it increases the amount of GCs availbale per year, it excludes dependents from the quota, it excludes STEM advanced degrees (currently employed as well as future students) from the quota, it does require the illegals to wait at least 6 years before they can file papers for their GCs and then thay get to be at the back of the line, additionally, if the SKIL bill provisions are also included as amendments, it will also provide a premium processing facility for I485. The SKIL bill also mandates the DOL to clear all backlog within 6 months. The thinking is that by the time the undocumented aliens (somehow, I do not like the word illegal) enter the pipeline, the current backlog will be cleared and all dates will be current.
Given, the uncertainity in the process right now, I still feel that CIR is the way to go. Also, if it were not for the issue of the undocumented aliens, there would have been no incentive or push to do anything about the system and we would be stuck with this system. As far as the USCIS efficiency is concerned, I would not underestimate them either, the USCIS is known to be very efficient when it needs to (prime example the spectacularly efficient and successful H1 B premium processing system) so keep the faith and help yourselves achieve your dreams :)
This bill favors the illegals so much that even reading it makes me wonder how fair the system is to those of us who follow laws and file documents on time. What's the point? All of us should just forget about the rules and go do whatever job we want to do.
Friends...please...the CIR is still better than the present situation we are in. It increases the H1B numbers, it increases the amount of GCs availbale per year, it excludes dependents from the quota, it excludes STEM advanced degrees (currently employed as well as future students) from the quota, it does require the illegals to wait at least 6 years before they can file papers for their GCs and then thay get to be at the back of the line, additionally, if the SKIL bill provisions are also included as amendments, it will also provide a premium processing facility for I485. The SKIL bill also mandates the DOL to clear all backlog within 6 months. The thinking is that by the time the undocumented aliens (somehow, I do not like the word illegal) enter the pipeline, the current backlog will be cleared and all dates will be current.
Given, the uncertainity in the process right now, I still feel that CIR is the way to go. Also, if it were not for the issue of the undocumented aliens, there would have been no incentive or push to do anything about the system and we would be stuck with this system. As far as the USCIS efficiency is concerned, I would not underestimate them either, the USCIS is known to be very efficient when it needs to (prime example the spectacularly efficient and successful H1 B premium processing system) so keep the faith and help yourselves achieve your dreams :)
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la_guy
05-29 04:46 PM
I guess you are speaking like Tom Peters. But in the end, it all depends on where one wants to be and what is the world view of someone. If one thinks that just because someone is a manager over others, that makes that someone better and more successful than others, and if most B- students manage A+ students (which is fuzzy maths), yes, in that case it maybe that its better to get a B- grade than A+, and there is no need to go to business school either. If the world view and the objective is not just to become a manager or make 100K instead of 120K, but actually do something worthwhile in every stage of your life, rather than just having an objective of becoming a manager, maybe its about learning a language and words, then why not. Strong vocabulary is the first stage to clear expression and clear expression is the corner stone of a successful and satisfying career, including bring a manager. I don't see anything wrong with learning more words, or loving parents or obedient children. Everyone has a different age in their life when we revolt against the environment, just to break free. Its not necessary that one must continue to revolt an entire lifetime to be creative or be better than others. Bill Gates or Steve jobs never wanted to become just managers, they wanted to re-invent the future. College dropouts, but successful. But how many Gates and Jobs do we have? I guess there is no clear definition of success and different people gauge success differently, but most people, more so in this crowd on this forum, relate success to level of education/university (US masters or Bachelors from India), and title at work place. But maybe the key is not how others gauge your success, but how you gauge yourself. Maybe you have set your eyes on squeezing most number of lemons or maybe being fastest eater of a water melon, or climbing on top of rhinoceros back, whatever it is, if you have done it and you feel satisfied, you will see yourself as successful. So whatever is the definition of success, whatever is anybody's opinion or world-view, the fact is, these kids did well with the goal they had set for themselves. And if that is how they feel satisfied with their hard work, they are successful. The fact that there were so many other contestants wanting to prove that they were better than others, and they weren't, makes it a recognizable achievement. Its that simple.
Well said....
Well said....
at0474
03-21 11:37 AM
I just wanted update this thread with my experience. Could be helpful to people like me who searched many forums frantically. I have 10th year h1b extension valid upto 2010. Instead of going for stamping at US consulate in India, I decided to use advance parole. Most troubling thing about my history was that I had one dwi (Driving While Intoxicated with Alcohol) offense. It is not a deportable offense. However, I was concerned that it would show up at port of entry and they could ask me to go back for consulate processing. I kept all my case related court documents handy. This is very important for anyone travelling with dwi or other serious charges against them.
Officer directed me to the secondary inspection. Another officer there entered my information into the computer and after making gazillion keystrokes, he stamped my advance parole document/I-94 with 1 year validity. I got up from the chair when he called my name, walked upto his counter and took my documents from him. NO QUESTIONS ASKED. NO BIOMETRICS.
Hope this helps others.
Officer directed me to the secondary inspection. Another officer there entered my information into the computer and after making gazillion keystrokes, he stamped my advance parole document/I-94 with 1 year validity. I got up from the chair when he called my name, walked upto his counter and took my documents from him. NO QUESTIONS ASKED. NO BIOMETRICS.
Hope this helps others.
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hindichinibhaibhai
03-28 08:45 PM
Isn't it about time?
2010 With a tattoo this magnitude,
rockstart
08-05 03:06 PM
How does a lawyer know if u r stuck in namecheck? Unless you go to infopass you may not know.
In reality, the app was just taken up for processing - the IO figured that FP has not yet been done and sent notice and during the course of processing the app, decided to send it for interview.
Perhaps u r right. Lawyer might have just made up that story to get him off his back. The guy was pretty annoyed at not getting FP notice. He went for infopass twice and all they did was sent a FP request to CIS (told him they were doing that) but nothing happened.
In reality, the app was just taken up for processing - the IO figured that FP has not yet been done and sent notice and during the course of processing the app, decided to send it for interview.
Perhaps u r right. Lawyer might have just made up that story to get him off his back. The guy was pretty annoyed at not getting FP notice. He went for infopass twice and all they did was sent a FP request to CIS (told him they were doing that) but nothing happened.
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ags123
04-07 08:33 PM
500 Eb1 numbers are unused
500 numbers spills to Eb2
There are no 100 Eb2 India cases and 50 Eb2 China cases and Eb2 ROW/phillipines/mexico is current
Now Eb2 India+Eb2 china uses up 150 numbers and
350 numbers spills to Eb3
Now there are 1000 Eb3 India cases from 2001 to 2003
Eb3 china,ROW etc there are 1000 cases fom 2003 onwards and none from 2001 to 2003
As spill over needs to go by PD Eb3 India takes of the 350 numbers and may be moves by 1-2 months and Eb3 ROW doesnt get any because no older cases.
DISCLAIMER: this is only illustrative and highly oversimplified, Actual scenario will have many many variables
500 numbers spills to Eb2
There are no 100 Eb2 India cases and 50 Eb2 China cases and Eb2 ROW/phillipines/mexico is current
Now Eb2 India+Eb2 china uses up 150 numbers and
350 numbers spills to Eb3
Now there are 1000 Eb3 India cases from 2001 to 2003
Eb3 china,ROW etc there are 1000 cases fom 2003 onwards and none from 2001 to 2003
As spill over needs to go by PD Eb3 India takes of the 350 numbers and may be moves by 1-2 months and Eb3 ROW doesnt get any because no older cases.
DISCLAIMER: this is only illustrative and highly oversimplified, Actual scenario will have many many variables
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SK2007
11-29 05:17 PM
All,
My wife and I applied for EAD together almost 110 days back. My EAD came through within 60 days but no signs of any progress on my wife's EAD.
Are more of you facing the same issue? We called USCIS and the officer expected another 3-4 month delay.
What are our Options? I thought USCIS had a commitment to send out EADs within 90 days! Any idea why the interim EAD thing was dropped? Any exceptions under which they actually give interim EADs?
Thanks,
What is your wife's situation, is it simple H4 to EAD? I have seen dependent EADs delayed if they are coming from F1.
My wife and I applied for EAD together almost 110 days back. My EAD came through within 60 days but no signs of any progress on my wife's EAD.
Are more of you facing the same issue? We called USCIS and the officer expected another 3-4 month delay.
What are our Options? I thought USCIS had a commitment to send out EADs within 90 days! Any idea why the interim EAD thing was dropped? Any exceptions under which they actually give interim EADs?
Thanks,
What is your wife's situation, is it simple H4 to EAD? I have seen dependent EADs delayed if they are coming from F1.
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r2i2009
05-13 03:26 PM
Guys
During 2000/01/02 around 300,000 Desis entered the country.
This is the reason for oversubscription........and FIFO is working out here.
EB2 will soon follow EB3. If you planning to change to EB2....you are inviting further delays.
Let us hang on to our EADs....this is equally well as GC....
During 2000/01/02 around 300,000 Desis entered the country.
This is the reason for oversubscription........and FIFO is working out here.
EB2 will soon follow EB3. If you planning to change to EB2....you are inviting further delays.
Let us hang on to our EADs....this is equally well as GC....
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chanduv23
10-11 06:28 AM
^^^^^^^^^^^
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she81
09-27 05:44 PM
Can we have an action item for this? If core agrees and shows us a green signal, we can hit it immediately. I'm sure we can manage a lot of volunteers on this one :)
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dreamgc_real
07-06 09:38 AM
What is the benefit of applying for an OCI card for the kids and how long does this process take?
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saimrathi
07-10 09:09 AM
SHould have sent in Munnabhai DVDs with the flowers with subtitles..
I seriously hope that the Director of the USCIS understands our "Gandhigiiri".
We dont want the Americans thinking, "hey lets keep screwing these immigrants and getting stuff like free flowers and free blood from them"
I seriously hope that the Director of the USCIS understands our "Gandhigiiri".
We dont want the Americans thinking, "hey lets keep screwing these immigrants and getting stuff like free flowers and free blood from them"
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immigrant2007
07-01 11:04 AM
Do you really agree with multi-national managers(via L1A). This is the area wherein the interpretation is pretty loose. If you dissect EB1 data you would find that EB1C used bulk of it except for this year due to bad economy and tightening of screws. There should be some very clearly defined guidelines for EB1-C, somebody being an onsite coordinator or managing 5 people should not be eligible. This category should be reserved for those who are managing at least 100 people or control business in several millions. I agree that EB1 should be just for the exceptional.
I support you, most of the guys L1A/Bdon't deserve to be in EB1. If L1 (especially the offshoring companies) are that good then all of us are eligible for honorary greencards....
the whole L1 rule for GC and L1 visa is just exploited to its limit.
I support you, most of the guys L1A/Bdon't deserve to be in EB1. If L1 (especially the offshoring companies) are that good then all of us are eligible for honorary greencards....
the whole L1 rule for GC and L1 visa is just exploited to its limit.
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kalyan
07-15 12:02 PM
sent mine through email and with the links provided in the website.
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h1techSlave
09-29 02:02 PM
Do you have to go thru an accountant to start a company?
I started an LLC earlier this year. Much easier and less risk with an LLC. It is still early to say whether the company will make it to higher grounds or not. But I sure am trying. I have me and my wife as manager members. No employees at the moment.
Best of luck to you all. GC or no GC, we can still make the entrepreneur dream happen.
I started an LLC earlier this year. Much easier and less risk with an LLC. It is still early to say whether the company will make it to higher grounds or not. But I sure am trying. I have me and my wife as manager members. No employees at the moment.
Best of luck to you all. GC or no GC, we can still make the entrepreneur dream happen.
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GCVictim
07-31 06:54 PM
EB1- U (Always)
EB2- Sep 2010
EB3-Sep 2010
EB2- Sep 2010
EB3-Sep 2010
perm2gc
10-30 10:47 PM
[QUOTE=gc_in_30_yrs]Can we get the copy of I-140 Approval Notice under the Freedom Of Information Act (FOIA)? If so, please advise the way to do it.
QUOTE]
Is itn't surprising? I got a letter from USCIS today! 2 1/2 months later!
It is said in the letter that this request is very complicated one, so it may take some time to work on. Once they get a handle on what to do about my request, they will start working on it. And on top of that, it is in a queue, meaning there is some backlog (you want to call it retrogress???).
i will post more information once it is available.
Even to a get Copy of I-140...retrogress.....OMG help _/\_ USCIS_/\_
QUOTE]
Is itn't surprising? I got a letter from USCIS today! 2 1/2 months later!
It is said in the letter that this request is very complicated one, so it may take some time to work on. Once they get a handle on what to do about my request, they will start working on it. And on top of that, it is in a queue, meaning there is some backlog (you want to call it retrogress???).
i will post more information once it is available.
Even to a get Copy of I-140...retrogress.....OMG help _/\_ USCIS_/\_
Green.Tech
09-14 03:05 PM
I don't think EAD/H1b should matter for the loan application, but all these depends on loan agent and bank policy. I took loan from Bankofamerica without any problem.
PMI Vs 20% down payment, this is tough decision. If you want to play safe game till you get GC 5% down paymnet is better. In case if you have enough savings and planning to stay in that house for long time not it's not a wise decision to pay PMI.
:)
Thanks gveerab. I am not too sure but may be the bank adds on a few points to the APR if one is on EAD/H-1 and is putting down 5% or so.
I don't understand the "play safe" argument for PMI (unless of course if crap hits the fan, you just abandon your house and take off)? If you live in it (even for 2 years only) and then sell it, why not stilla avoid the PMI?
PMI Vs 20% down payment, this is tough decision. If you want to play safe game till you get GC 5% down paymnet is better. In case if you have enough savings and planning to stay in that house for long time not it's not a wise decision to pay PMI.
:)
Thanks gveerab. I am not too sure but may be the bank adds on a few points to the APR if one is on EAD/H-1 and is putting down 5% or so.
I don't understand the "play safe" argument for PMI (unless of course if crap hits the fan, you just abandon your house and take off)? If you live in it (even for 2 years only) and then sell it, why not stilla avoid the PMI?
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