jthomas
04-13 05:27 PM
Thanks IV core members for helping a member in our community. this will help me to support IV's agenda in future.
Jose Thomas
Jose Thomas
wallpaper MG ZS, Blue, 2003, 5 Doors,
rameshvaid
06-17 11:36 AM
Thanks for your support...Please post the link to that thread or your full story here. It would very helpful...
Thanks.
Here is the link..a PAINFUL ONE..
http://immigrationvoice.org/forum/showthread.php?t=18501&highlight=stuck+montreal
AND
http://immigrationvoice.org/forum/showthread.php?t=18965&highlight=stuck+montreal
RV
Thanks.
Here is the link..a PAINFUL ONE..
http://immigrationvoice.org/forum/showthread.php?t=18501&highlight=stuck+montreal
AND
http://immigrationvoice.org/forum/showthread.php?t=18965&highlight=stuck+montreal
RV
mammoy2k
12-28 10:38 AM
Anyone invoking AC21 with unapproved I-140?
Hello Guys,
I am planning to utilize AC21. My PD is OCT 2005, EB2 India, I-140 was approved in June 2006 and I-485 filed on 2nd July 2007.
The question I have is if my current employer can do anything, I mean anything at all, now?
Thank you.
Hello Guys,
I am planning to utilize AC21. My PD is OCT 2005, EB2 India, I-140 was approved in June 2006 and I-485 filed on 2nd July 2007.
The question I have is if my current employer can do anything, I mean anything at all, now?
Thank you.
2011 2003,
sam_hoosier
12-28 03:43 PM
Hello Guys,
I am planning to utilize AC21. My PD is OCT 2005, EB2 India, I-140 was approved in June 2006 and I-485 filed on 2nd July 2007.
The question I have is if my current employer can do anything, I mean anything at all, now?
Thank you.
This has been mentioned earlier in various threads - it is 180 days from the receipt date, and not from filing date.
Not everyone who filed on July 2nd has the same receipt date.
Pls check your RD for when your 180 day period ends.
I am planning to utilize AC21. My PD is OCT 2005, EB2 India, I-140 was approved in June 2006 and I-485 filed on 2nd July 2007.
The question I have is if my current employer can do anything, I mean anything at all, now?
Thank you.
This has been mentioned earlier in various threads - it is 180 days from the receipt date, and not from filing date.
Not everyone who filed on July 2nd has the same receipt date.
Pls check your RD for when your 180 day period ends.
more...
jsb
01-14 11:01 AM
Tired of waiting ( PD: August 2001) I finally wrote to both my local congressman and Senator today. My senator is on senate Immigration commitee so lets see what happens. Hopefully something will move.
If this doesnt help I will try Ombudsman next after couple of months. The Ombudsman form has a question of if you have tried through Congressman etc first so we can try and see that.
Guys its so funny when you see ppl with PD of 2003 and 2005 complaining and bitching. Here we have waited 7 + yrs our PD's are current and we are doing OK. Wait sure brings maturity :)
USCIS does not process cases in PD order, because they can't. Thousands of files they receive, are sequenced in order they receive them at Centers. They claim that cases are processed in order they receive them. "Receive Date" is not what you see on your receipt, it is the date they physically received the case on (thus if case is moved from one center to another, true Receive Date is the date it was recieved by the last center). You see this data online status as "...we received (or transferred) your case on ...".
PD critieria is limited to certain countries only. Therefore, by and large, "cases are processed in order they are received..." works well. However, for India, China etc. where PD cutoff has to be factored, it is used merely to decide to work or skip a file (when seen in the receive date order). If PD cutoff date is very restricted, they will have to skip a lot of cases, which slows them down. That's the reason every July they ask for wider PD cutoff dates so that they can consume a lot of visas, as they don't have to skip that many cases.
This process is a mockery of the PD cutoff dates, but that's how it works. If you sent your case on June 28, 07, with July 2, 07 as the printed Receive Data on your receipt, but the case where it finally rested, was entered in their database on Oct. 28, '07 (with a Notice Date soon thereafter), you case will not be looked at, no matter what the PD cutoff date is, unless all cases received before Oct. 28, '07 have been reviewed.
If this doesnt help I will try Ombudsman next after couple of months. The Ombudsman form has a question of if you have tried through Congressman etc first so we can try and see that.
Guys its so funny when you see ppl with PD of 2003 and 2005 complaining and bitching. Here we have waited 7 + yrs our PD's are current and we are doing OK. Wait sure brings maturity :)
USCIS does not process cases in PD order, because they can't. Thousands of files they receive, are sequenced in order they receive them at Centers. They claim that cases are processed in order they receive them. "Receive Date" is not what you see on your receipt, it is the date they physically received the case on (thus if case is moved from one center to another, true Receive Date is the date it was recieved by the last center). You see this data online status as "...we received (or transferred) your case on ...".
PD critieria is limited to certain countries only. Therefore, by and large, "cases are processed in order they are received..." works well. However, for India, China etc. where PD cutoff has to be factored, it is used merely to decide to work or skip a file (when seen in the receive date order). If PD cutoff date is very restricted, they will have to skip a lot of cases, which slows them down. That's the reason every July they ask for wider PD cutoff dates so that they can consume a lot of visas, as they don't have to skip that many cases.
This process is a mockery of the PD cutoff dates, but that's how it works. If you sent your case on June 28, 07, with July 2, 07 as the printed Receive Data on your receipt, but the case where it finally rested, was entered in their database on Oct. 28, '07 (with a Notice Date soon thereafter), you case will not be looked at, no matter what the PD cutoff date is, unless all cases received before Oct. 28, '07 have been reviewed.
tonyHK12
10-27 09:37 AM
Right now, so much work is outsourced and it is continuing. Very difficult to get a IT job in US on h1b and IT consulting on h1b also facing so many hurdles. For any new immigrant on a software job who wants to get a h1b visa and green card - it is not an easy task.
Yes its pretty much difficult for an Indian to arrive here and find a job. Forget about settling, many EB3s have already crossed 5-10 year mark. EB2 at least 5.
I guess he left out the point about locals moving to non-IT related fields in which the salaries are very slowly catching up to IT. These need to grow now with govt, private sector support, now that the glamour of US GC is almost non-existent for new IT graduates and almost pays back like the typical 20 year LIC policy of the 1990s I had. India has always been good in other industries like Textile, steel, cars, etc, and need to get some to world class levels.
I was going to say infrastructure is improving and things would get very good in India in 5-10 years (?) that US IT folks would seriously not find a difference in lifestyle.
But then I saw one of the recent movie hits, and saw the most stuff seemed to be incredulous, unbelievable - good songs though. I change my mind most times when I read some local news or see an occasional movie.
Is there a fundamental change in thinking needed in some areas among a vast majority? something to do with realism, acheiving quality in everything.
Corruption doesn't seem to be the only problem.
Money may not always be the primary reason for people to relocate to India. It will be an oppurtunity to experience the best quality of work, education and learning, the same reason many of us come here.
There has to be more aggressive regular benchmarking of everything with developed countries.
I guess its also a normal part of evolution to a future developed country.
Yes its pretty much difficult for an Indian to arrive here and find a job. Forget about settling, many EB3s have already crossed 5-10 year mark. EB2 at least 5.
I guess he left out the point about locals moving to non-IT related fields in which the salaries are very slowly catching up to IT. These need to grow now with govt, private sector support, now that the glamour of US GC is almost non-existent for new IT graduates and almost pays back like the typical 20 year LIC policy of the 1990s I had. India has always been good in other industries like Textile, steel, cars, etc, and need to get some to world class levels.
I was going to say infrastructure is improving and things would get very good in India in 5-10 years (?) that US IT folks would seriously not find a difference in lifestyle.
But then I saw one of the recent movie hits, and saw the most stuff seemed to be incredulous, unbelievable - good songs though. I change my mind most times when I read some local news or see an occasional movie.
Is there a fundamental change in thinking needed in some areas among a vast majority? something to do with realism, acheiving quality in everything.
Corruption doesn't seem to be the only problem.
Money may not always be the primary reason for people to relocate to India. It will be an oppurtunity to experience the best quality of work, education and learning, the same reason many of us come here.
There has to be more aggressive regular benchmarking of everything with developed countries.
I guess its also a normal part of evolution to a future developed country.
more...
x1050us
07-19 01:29 PM
I think you should be able to manage it. I am not sure if USCIS will accept report from Doctor's in Mumabi. it has to be one the cerified civil surgeon.
You can ask your wife to have all immunization record ready. Talk to some civil surgeons in advance and explain your situation and ask if they can provide blood report in one day. Mostly they send blood work to another blood lab so you may have to contact lab if they can give the test result in same day. Although ppd test is required but you can try to convince civil surgeon to skip it and go with just x-ray and later deal with rfe. Or you can ask civil surgeon if he accept PPD report from some other doctor's in India. Another option could be that she can take PPD injection in india and show it to the civil surgeon here. Explore all your possibilities here. You have enough time to explore your options.
I didnt mention in my previous posts but infact, I already checked with my doctor if he will accept immunizations and skin test from india. He was okay but needed at least 1 day.
Now that I managed an appointment sooner, I don't have to cut close anymore. Nevertheless, this is an informative thread in many aspects for me.
You can ask your wife to have all immunization record ready. Talk to some civil surgeons in advance and explain your situation and ask if they can provide blood report in one day. Mostly they send blood work to another blood lab so you may have to contact lab if they can give the test result in same day. Although ppd test is required but you can try to convince civil surgeon to skip it and go with just x-ray and later deal with rfe. Or you can ask civil surgeon if he accept PPD report from some other doctor's in India. Another option could be that she can take PPD injection in india and show it to the civil surgeon here. Explore all your possibilities here. You have enough time to explore your options.
I didnt mention in my previous posts but infact, I already checked with my doctor if he will accept immunizations and skin test from india. He was okay but needed at least 1 day.
Now that I managed an appointment sooner, I don't have to cut close anymore. Nevertheless, this is an informative thread in many aspects for me.
2010 Toyota Corolla Verso 2.2 D-4D
aj_jadeja
04-01 07:20 PM
done . Sent 2 faxes.
aj
aj
more...
vban2007
07-02 04:21 PM
Total 5000 USD
hair Toyota Corolla 1.4 VVT-i T3,
vinabath
05-15 10:46 AM
I dont think Ron Hira has ever worked in IT side or on the HR side. Whats wrong if people for pursue for Masters or Phd for GC?. This Guy does not have any idea about the value this techs bring.
He is in the wrong position. He should never be in Public Policy board.
He is in the wrong position. He should never be in Public Policy board.
more...
go_guy123
11-03 01:40 PM
I can't get you "Green" card fast...but this "green" I think I can:)
Thank you Leo and others for greens....I hope piecemeal will arrive soon.
Thank you Leo and others for greens....I hope piecemeal will arrive soon.
hot Used Toyota Corolla 1.6 VVT-I
WeShallOvercome
09-10 11:46 AM
This is what I got from 4 separate lawyers when I was invoking AC-21. I think everybody should speak to a lawyer before invoking AC-21.
A lot of people out there think that after getting EAD one can invoke AC-21 to change to any job at any employer. This is not true. AC-21 is pretty complicated and I think that in the future, if there is no change in the law, a lot of 485 applications will be pending for 6-8 years or more. And for the duration of this period, a lot of people will invoke AC-21. I also think that the rate for rejection for number of AC-21 cases at USCIS will be higher. Nobody told me about the approximate wait time and rejection rate. It is just what I think based upon the developing situation.
Sanju,
Is there any basis your thoughts are coming from? And what is the 'deveoping situation' you mentioned that would lead to an increased rate of rejection for AC21 cases.
I personally don't see anything like that provided you have completed 6 months AND your new job description is similar to the old one.
An increase in number of people invoking it should actually make AC21 a common and very popular choice and that should lead to low rate of denials as more and more officers will now be aware of the law ---(Again assuming you keep those 2 conditions in mind)
A lot of people out there think that after getting EAD one can invoke AC-21 to change to any job at any employer. This is not true. AC-21 is pretty complicated and I think that in the future, if there is no change in the law, a lot of 485 applications will be pending for 6-8 years or more. And for the duration of this period, a lot of people will invoke AC-21. I also think that the rate for rejection for number of AC-21 cases at USCIS will be higher. Nobody told me about the approximate wait time and rejection rate. It is just what I think based upon the developing situation.
Sanju,
Is there any basis your thoughts are coming from? And what is the 'deveoping situation' you mentioned that would lead to an increased rate of rejection for AC21 cases.
I personally don't see anything like that provided you have completed 6 months AND your new job description is similar to the old one.
An increase in number of people invoking it should actually make AC21 a common and very popular choice and that should lead to low rate of denials as more and more officers will now be aware of the law ---(Again assuming you keep those 2 conditions in mind)
more...
house 2003,
am4gc
12-29 05:46 PM
How can they change the interpretation of law in 2006?
Your interpretation is very simple. However one draft the law (before 2000 or after 2000), EB3 is prefered than EB2 and EB1, just to address the diversity.
The question is simple. Whether diversity is important or employment preference is important? What is the intent of the congress in 202 a 5? Has DOS understand the intent? This is very very important for oversubscribed countries. We know IV is working hard to address the retro. This is also equially important. Even if we achive in incresing the EB visa numbers (by SKIL/CIR) by 2 times or 3 times it will not be usefull for India and China. Thats why it is very important.
In FY2005 India consumed about 16,000 EB2 visa. The total visa issued still about 40,000 only. From 2006 it is going to be 2800 only.
How can they change the interpretation of law in 2006?
Just compare 16,000 with 2,800. With this rate, an Indian guy with PD in 2005 or 2006 may not get GC till his retirement. However a non-Indian, Chinese EB2 guy with PD 2006 get GC with in 6 months.
Your interpretation is very simple. However one draft the law (before 2000 or after 2000), EB3 is prefered than EB2 and EB1, just to address the diversity.
The question is simple. Whether diversity is important or employment preference is important? What is the intent of the congress in 202 a 5? Has DOS understand the intent? This is very very important for oversubscribed countries. We know IV is working hard to address the retro. This is also equially important. Even if we achive in incresing the EB visa numbers (by SKIL/CIR) by 2 times or 3 times it will not be usefull for India and China. Thats why it is very important.
In FY2005 India consumed about 16,000 EB2 visa. The total visa issued still about 40,000 only. From 2006 it is going to be 2800 only.
How can they change the interpretation of law in 2006?
Just compare 16,000 with 2,800. With this rate, an Indian guy with PD in 2005 or 2006 may not get GC till his retirement. However a non-Indian, Chinese EB2 guy with PD 2006 get GC with in 6 months.
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sanju
09-09 12:11 PM
On your previous post you mention about salary hike and %ges...can you please clarify if a person continues to work for same employer (who filed PERM and 140) and salary hike is (base salary or bonus) 10% or more per year and AOS application process takes 2-3 years (so, total 30% difference in 3 years)...is that a negative on your application? or can it be a reason for denial?
Thanks
Rahul
This is an excellent question Rahul. I have tried my best to find a definitive answer to this question. Different experts/lawyers have given different answer to this question. So I am not sure if salary hike at the same employer would hurt AOS application in anyway. On the face of it, it should be a no brainier and we would like to hear that. Most of the times, we all want to hear our lawyer give us a specific reply, so even if they lawyer is telling us something which doesn't directly imply what we want to hear, we still think that that the lawyer is telling us what we wanted to hear - "selective hearing".
But some lawyers have told me that substantial salary increase (30% in 3 years can be seen as substantial) could be a problem at USCIS. They could argue that the job/job requirement/job responsibilities have changed substantially as there is a substantial change in the wage rate offered. So it’s a grey area. In effect, system is designed to keep us where we are till the time the green card petition is approved. I realize that this doesn't provide a definitive answer to your question and sorry about that, but this is as much as I could find out about the specific question.
Thanks
Rahul
This is an excellent question Rahul. I have tried my best to find a definitive answer to this question. Different experts/lawyers have given different answer to this question. So I am not sure if salary hike at the same employer would hurt AOS application in anyway. On the face of it, it should be a no brainier and we would like to hear that. Most of the times, we all want to hear our lawyer give us a specific reply, so even if they lawyer is telling us something which doesn't directly imply what we want to hear, we still think that that the lawyer is telling us what we wanted to hear - "selective hearing".
But some lawyers have told me that substantial salary increase (30% in 3 years can be seen as substantial) could be a problem at USCIS. They could argue that the job/job requirement/job responsibilities have changed substantially as there is a substantial change in the wage rate offered. So it’s a grey area. In effect, system is designed to keep us where we are till the time the green card petition is approved. I realize that this doesn't provide a definitive answer to your question and sorry about that, but this is as much as I could find out about the specific question.
more...
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optimystic
10-23 08:48 PM
Is your NC cleared? If yes, shouldn't you have received your gc in early 2007 itself before July 07 messed up EB3?
Even if its not cleared, you would have surely crossed 180-day barrier, yes?
I'm not EB3 but if you can post updates in this thread related to your case, it would satisfy some of my curiosity.
I don't know if my NC is cleared. Tried to find it couple of times calling over phone but always ran into unfriendly IO officers.
Got out of BEC in dec 2006, I140 cleared in Jan 2007 but then my PD became current only in June 2007. And due to laziness of my law firm, my I-485 filing did not happen in June and got dragged into July 07 mess.
I think if USCIS had initiated my Namecheck as per normal timeline (sometime around when my I-485 filed , i.e anywhere between July - Sep 2007), then yes, I think it crossed 180 days long time back.
Even if its not cleared, you would have surely crossed 180-day barrier, yes?
I'm not EB3 but if you can post updates in this thread related to your case, it would satisfy some of my curiosity.
I don't know if my NC is cleared. Tried to find it couple of times calling over phone but always ran into unfriendly IO officers.
Got out of BEC in dec 2006, I140 cleared in Jan 2007 but then my PD became current only in June 2007. And due to laziness of my law firm, my I-485 filing did not happen in June and got dragged into July 07 mess.
I think if USCIS had initiated my Namecheck as per normal timeline (sometime around when my I-485 filed , i.e anywhere between July - Sep 2007), then yes, I think it crossed 180 days long time back.
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jsb
01-13 12:12 PM
Hi pappu,
I am planning to send a letter to Ombudsman DHS-7001.
Not sure if there will be any response. Even if there is one, they are going to say that my dates are outside the processing times.
Receipt date: July 9th, 2007
Priority Date: July 19, 2001. EB3. India.
What reason can I write for "Description of your case problem"?
Can I just mention that I am about to incur significant and unusual costs because of this delay?...
Thanks,
Description of problem has to be something suggesting that they are not following their own rules. Mentioning about significant costs etc is not going to fly as that applies to everybody. If Ombudsman believes that your problem is genuine, they send case to the processing center for an answer within 45 days.
Processing Centers claim that they process cases in order they receive. If you know any case (even from this forum) with RD after your RD, which has been processed, write it there, asking them why your case was left out. Centers generally provide a convenient reply, such as PD not current, your case is yet to be reviewed as per receive date sequence (their receive date is what you see on line as "your case was received on...", which may be different from RD on your receipt), etc. Sometimes they wait until your PD is not current any more, as they did in my case. Nevertheless, give it a try.
I am planning to send a letter to Ombudsman DHS-7001.
Not sure if there will be any response. Even if there is one, they are going to say that my dates are outside the processing times.
Receipt date: July 9th, 2007
Priority Date: July 19, 2001. EB3. India.
What reason can I write for "Description of your case problem"?
Can I just mention that I am about to incur significant and unusual costs because of this delay?...
Thanks,
Description of problem has to be something suggesting that they are not following their own rules. Mentioning about significant costs etc is not going to fly as that applies to everybody. If Ombudsman believes that your problem is genuine, they send case to the processing center for an answer within 45 days.
Processing Centers claim that they process cases in order they receive. If you know any case (even from this forum) with RD after your RD, which has been processed, write it there, asking them why your case was left out. Centers generally provide a convenient reply, such as PD not current, your case is yet to be reviewed as per receive date sequence (their receive date is what you see on line as "your case was received on...", which may be different from RD on your receipt), etc. Sometimes they wait until your PD is not current any more, as they did in my case. Nevertheless, give it a try.
more...
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la_guy
02-12 05:30 PM
In my labour, job title was software engineer, level 1 and EB3
how to find out whether a particular advertised job is in the same job code, as above? does it depend on salary?
how to find out whether a particular advertised job is in the same job code, as above? does it depend on salary?
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mbartosik
02-10 06:24 PM
Got another 33 in hand, total 43, more to come
Tip: recruit friends and strangers to get more from their work places and mail back to you.
Tip: recruit friends and strangers to get more from their work places and mail back to you.
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garybanz
11-02 02:16 PM
Papu,
Is IV in a position to check with USCIS on the official guideline for this issue?
Thanks.
Questions for everyone to research and post the answers------
-- Is there any real example on any internet forum, website or blog where someone faced problem in citizenship because they left their sponsor employer before 6 months expired? Do not find opinion but a real proof.
-- Can any lawyer provide a case example to illustrate the above. We can go into detail, talk to USCIS and seek clarification.
-- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.
Is IV in a position to check with USCIS on the official guideline for this issue?
Thanks.
Questions for everyone to research and post the answers------
-- Is there any real example on any internet forum, website or blog where someone faced problem in citizenship because they left their sponsor employer before 6 months expired? Do not find opinion but a real proof.
-- Can any lawyer provide a case example to illustrate the above. We can go into detail, talk to USCIS and seek clarification.
-- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.
GCAmigo
07-13 04:19 PM
DREAM is only for Illegals!
webm
12-31 01:08 PM
This thread seems to express my thoughts.
I used to wait till my dates got current. With my dates being current since November, I still wait with no sign of improvement.
I tried calling the 1-800 number. But, did not get any useful information.
Took an Infopass appointment couple of weeks back. But, it was of no use.
The officer at the local office read the same status that I see online.
She said that my case was transfered to Texas center. (I knew this since October 2007). Only additional information she gave me was that my namecheck got clreared. (Though this is important, I dont think this really matters to get my case processed).
I told her that I have been waiting since years and some of friends who filed later than me already got their GCs, she felt sorry for me but she said there is nothing she can do for me. Not even a Service Request since my dates are within the processing times.
Its getting difficult for me......Also, in this economy its getting tough everyday to hold on to the job. Who knows may be this year quota might be over too. It will definitely be a big relief if we get the GC.
I thought there is nothing I can do now till my dates goes outside the processing times. Please advice.
Good Luck to everyone.
We are in the same boat my friend....keep hope!!
Happy Newyear 2009!! we might get Green soon...
--------------
PD:EB3-I Oct 2001.
I used to wait till my dates got current. With my dates being current since November, I still wait with no sign of improvement.
I tried calling the 1-800 number. But, did not get any useful information.
Took an Infopass appointment couple of weeks back. But, it was of no use.
The officer at the local office read the same status that I see online.
She said that my case was transfered to Texas center. (I knew this since October 2007). Only additional information she gave me was that my namecheck got clreared. (Though this is important, I dont think this really matters to get my case processed).
I told her that I have been waiting since years and some of friends who filed later than me already got their GCs, she felt sorry for me but she said there is nothing she can do for me. Not even a Service Request since my dates are within the processing times.
Its getting difficult for me......Also, in this economy its getting tough everyday to hold on to the job. Who knows may be this year quota might be over too. It will definitely be a big relief if we get the GC.
I thought there is nothing I can do now till my dates goes outside the processing times. Please advice.
Good Luck to everyone.
We are in the same boat my friend....keep hope!!
Happy Newyear 2009!! we might get Green soon...
--------------
PD:EB3-I Oct 2001.
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