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  • shukla77
    09-14 03:46 PM
    I would like to know about two H1s too. How is that possible. Any links??





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  • mammoy2k
    09-09 07:04 AM
    I140 should be approved or approvable at the time of filing. Yates memo is very clear on that- I-140 approval is not required in concurrent filing. Also there is no salary requirements on invoking AC 21. Again, please read Yates Memo.


    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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  • gcnirvana
    07-06 04:04 PM
    Also let all your friends/family know about tonight's interview. This will encourage them to visit IV and ultimately join and contribute :)
    BTW, Great Job IV and Good Luck Doc!!

    New members please fill in your contact information. Please help IV and help yourself. Spread the word of IV among your friends





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  • DSJ
    06-20 01:25 PM
    I was saying all those things if the reason was money. If that is not the case then I am wrong, I am not an expert in suggesting different lawyer.

    I have no issues giving the lawyer what ever they want, if I can be assured that I will be getting good service for what I paid . If the law firm has a history of delays & screw ups etc, I do not see a reason why we have to pay hefty fees to get screwed in the end. There are a lot of stories where people have been screwed due to paralegal mistakes. We have waited so many years and I would like to control my destiny at least now. People have different opinions. Thats just how I feel.

    Every one is talking about potential RFE's and seeking lawyers help in that case. What will any one do if they an free RFE after180 days of receipt notice and you are no longer with the company? What kind of RFE's are people getting if they are using EAD instead of H1B? Do they get any in the first place? Can some one who has been on EAD and received RFE's shed some light?

    Thanks



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  • shana04
    02-13 10:17 AM
    I received a soft lud on my H1B approved in Nov 2007. All other cases do not have any LUD. I guess it is just the system touching these records as routine maintainence.

    but I got soft LUD's on all my cases after using AC21.

    Here two things happened
    1. applied for h1B transfer using approved I 140
    2. sent AC21 letter

    so don't know what trigerred the soft LUD's





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  • gcdreamer05
    04-13 11:59 AM
    Brother, your idea is good but practically it is very difficult.

    Do you see a donate progress bar at the top, it took an entire month and lot of pushing to get 10,000 US$ in donation.

    People are not willing to donate, many have questions about credibility and what work is being done, some have lost entire hope and hence not willing to donate.

    It is like chicken and egg, we are asking people to donate to see change, some are saying change is not there and donation does not make a difference.

    If it is so difficult to collect 10,000 US$ a month how can your plan collect 5 million ?

    If someone is going to ask you the following questions what are your answers,
    1) If i donate 50$ what is the feedback (in terms of info, progress) that i will get?
    2) What will you do if the administration thanks us and takes the donation and gives it off to a non-profit education organization. (giving donation does not mean that they will do something for us). Then what do we do.

    Instead can we not use that money to lobby for our goals.



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  • BharatPremi
    08-30 07:08 PM
    There were times when I was really depressed, specially when I got delayed in New Delhi with "Name clearance" for H-1 renew. However, I believed in higher power and never lost hope. My parents (mother US citizen,father GC) always kept my spirits high. I also got a lot of support at my job (when I got stuck in India, my chief pulled all strings possible to get me cleared).
    I also had a backup plan, where I could go to Canada or worst, can go back to India where I have an established practice.
    Botomline, do not loose hope and work hard.

    FIrst of all congratulations to get through this gutter. Though I have a question: Why did not you think of applying under F3 since your mother is already a US Citizen?





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  • GCaspirations
    10-02 01:25 PM
    Hi,

    Filed at NSC on Jul 21st. Received as per FedEx receipt on Jul 23rd. Transferred I-485s, EADs and APs applications from NSC to CSC.

    Received EADs and APs on Sept 25th from CSC.

    Sept 18th notice received that I-485s have been moved back from CSC to NSC.

    Rceipt date for transfer notice is Sept 18th. Dont see my actual Jul 23rd date anywhere.

    When I posted this on , posters suggested that there is a "Receipt Notice" versus a "Transfer Notice".

    My lawyer received the receipt notice. Will check with him about the Receipt date on that notice and post later today.

    Any other ideas what this all means would be appreciated.

    Seems like a ping pong ball being hit from one center to another with no result
    :(

    Please let us know if you have received your FP notice. or when you receive your FP notice.
    Also the receipt date on Receipt notice is more important and the right one not the one on the Transfer notice.



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  • willwin
    10-11 04:44 PM
    Sorry to hear about your situation.
    The one consolation is that once you get to file your 485, you should not spend too much time in that pending 485 situation.
    So if you ask me today, would I rather have filed 485 with a PD of 2006/7 or be in your situation, as bleak as your situation looks today, the better choice might be your situation.

    Good luck.

    Well that depends on lots of things. If your assumption is that the PD is gonna move slowly and gradually forward, then what you are saying is true. Again, once he/she files 485, his 485 is not going to be processed immediately. AP, EAD may be issued but it may take 6-9 months for 485 to get processed.

    However, if PD moves so much ahead that your PD is also current, then you will get your GC (if other processes are complete) whereas he/she would have just filed 485.





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  • new_horizon
    06-18 12:33 AM
    I fully support this!!!



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  • amit_p27
    06-20 07:36 AM
    Today is the next day of my GC freedom, and I am still on this forum, I didnot mean to leave the Forum, I still support IV with all my heart.......





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  • onemorecame
    07-06 03:16 PM
    http://timesofindia.indiatimes.com/?

    This info is already posted somewhere else.
    I don't think its need new thread.
    Administrator please close this thread



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  • beppenyc
    03-16 04:25 PM
    http://www.denverpost.com/nationworld/ci_3609151

    Tancredo, 70 lawmakers strike out at guest-worker plan
    By Anne C. Mulkern

    U.S. Rep. Tom Tancredo, R-Colo. (AP)

    Washington - Colorado's Rep. Tom Tancredo and 70 other U.S. representatives sent a letter today to a Senate committee, warning that legislation it's considering allowing illegal immigrants to work legally in the country will hit a roadblock if it comes back to the House.

    The Senate's Judiciary Committee for the last two weeks has been debating an immigration reform bill that includes what's being called a “guest worker” program, something President Bush said he wants.

    “We are concerned that some of these proposals are fundamentally incompatible with the desire of the American public for real immigration reform and their clear opposition to reform proposals that amount to little more than thinly disguised attempts to provide amnesty," the House members said in the letter.

    “If the Senate were to pass such a proposal, we believe it would doom any chance of a real reform bill reaching the president's desk this year.

    Tancredo, R-Littleton, and the other 70 lawmakers were part of a group that led the passage of a bill in the House that imposes new border security measures, including increasing penalties for being in the country illegally.
    The House bill does not include a guest-worker provision. The group considers allowing illegal immigrants to stay in the country legally a form of amnesty.

    “Rewarding persons who have broken the law with an advantage that they would not otherwise have had encourages more illegal behavior and is unjust to immigrants who came to the U.S. legally,'' the letter says.

    Reps. Bob Beauprez, R-Arvada, and Joel Hefley, R-Colorado Springs, are among those who signed the letter.

    The Senate Judiciary Committee is not expected to finish work on the bill this week, which was the deadline given by Senate Majority Leader Bill Frist. He is expected to introduce his own bill possibly today that includes border security measures and does not have a guest worker provision.





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  • inskrish
    11-05 10:07 AM
    Coming soon..Rated R, for SCARY IMAGES....will make EVERYONE cry!!
    Playing on a computer screen near you!!!.....

    'V-I-S-A B-U-L-L-E-T-I-N...DECEMBER 2009"


    *Disclaimer: Can cause serious mental distress, suicidal thougths, depression, excessive alcohol consumption. Not recommended for EB-XI/C, EB-3 ROW.Country of birth restrictions apply.

    Unfortunately, that's the reality for most of us:-)



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  • RandyK
    02-20 05:09 PM
    I am trying to figure out the impact of this ruling on the current usage of visa numbers.

    I am from ROW so I would like to see how many more from ROW would demand visa numbers due to this new ruling.

    Obviously this is important to India and China as well because the only way these two categories would get more visa numbers is from ROW overflow this year as these categories have used up most of their visa numbers for the year.

    If I understand correct ROW 1 overflows to ROW 2 and ROW 3 and when ROW 3 current Over flow over to India/China

    Any ideas guys??





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  • gmatch
    12-13 03:45 PM
    Guys,

    Don't take it otherwise... I will NOT do anything against anybody.

    That previous person (whose name was mentioned on this approved labor) already had left this employer in 2004...so there is no one getting hurt if this employer is offering me that labor.

    - My question still remains : Is it necessary to go for labor substitution to use this approved labor (showing the name of old consultant)... OR ... Can it be possible to file I-140 straight with my profile against this labor....?

    Hope you now understand my points & will give me sincere advises.

    waiting for your help....



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  • sbeyyala
    05-22 03:44 PM
    I guess this bill passage is a trigger to all skilled workers to do the following.

    Option-1: Become Illegal and get a Z visa.

    Options-2: Go back to home land and live with dignity and peace of mind. (This is the option I would take). I am thankfully to the congress for helping me to make a decision, rather then wait for life time.

    Options-3: Re-apply in merit based system and wait in line for 4 to 5 years, until some other similar bill comes and says you to restart again in some other system.





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  • Eternal_Hope
    12-29 03:13 PM
    Any recent updates on that case? Do we know what happened after that person filed the MTR the 2nd time?

    -------------------------------
    Member Texas IV


    As I explained here

    http://immigrationvoice.org/forum/showpost.php?p=210490&postcount=26

    AC-21 is just an illusion of freedom - even if 180 days have passed, even if I-140 is approved.

    My advice: DON"T CHANGE EMPLOYERS UNLESS YOU ABSOLUTELY MUST.





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  • bsbawa10
    04-21 09:43 PM
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    krishnam70
    06-17 05:15 PM
    Originally Posted by pappu View Post
    - How has green card changed your life after receiving it?
    It created some anxiety instead of joy. Of course you will understand why in a bit. Please see explanation below. Brought a home as the uncertainty was gone. I still do have to worry about some documentation for our son but that is fine.. More opportunities opened up with direct placements instead of subcontracting etc. Feel good factor has been great

    - What did you do on the day you received it?
    As I said we were anxious for a bit but there was a definite relief that the ordeal of 8 yrs was over. Called up few friends and informed. Called parents in India and informed them. They were happy though they do not know of the advantages.. Thanked GOD ! Uncorked some champagne and had a good time
    - How did the long wait upset your life?
    Really painful with Dhobi ka kutta na ghar ka na ghat ka types.. Major decisions in life were pending and a feeling of uncertainty haunting all the time.


    - How did immigrationvoice help you during this long wait?
    IV has been a fabulous place to get all the information. I used to go to other sites before this but after I joined IV this has been my home for Immi related issues. It helped me stay focussed some times and also better informed due to the various initiatives that were being taken up and discussed. Sometimes there were some flaming but it happens. I still have a RED dot against me from Ms Hemione with whom I had an argument about illegals.. not that I care much about it. Its been a definite learning experience for me

    - Would you like to continue your support to immigration voice and help others waiting?
    I visit the forum and read the issues and make calls to the senators and congressmen. Sent letter for the administrative fixes and active in my own way. I am not participating in the local chapter which is something I would like to address this coming few months.

    - Any advice for everyone?
    Easier said than done ! This process is extremely frustrating for most of the people who are in the queue. We are still in the queue for our son. We should do what ever is possible from our side to espouse our case and make us heard. IV has been a leader in this and we should support the cause in whatever way we can. Not everybody can contribute in the same way but at the end of the day each drop adds to the pool.

    Once anyone received his greencard, please update the IV tracker too. We like to see how many members in IV are greencard holders and what is the current trend of approvals in our membership
    - I think I did, will check once again

    IV you rock





    ssss
    11-09 04:36 PM
    did you receive any transfer notice??

    Yes we did receive the transfer notice 3 weeks ago.



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