Wednesday, June 22, 2011

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  • EkAurAaya
    06-19 06:13 PM
    I don't know if he is gonna mess it up if I file on my own. But Senthil has valid point that he should support if there is an RFE.

    Its a very good point... might as well take the hit now BUT make sure you give him the finger and a few words when you throw your resignation letter on his face after getting your ead or if you want to wait till you get your gc!

    Sucker will rot in hell for sure!





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  • masterji
    08-09 05:43 PM
    Thank you prabasiodia.

    So, the people who filed 485 let's say during July 2007, MAY change jobs when they start receiving GCs during 2010? Is this correct?
    I think these memos might have been dissected a thousand times, but here they are:

    Continuing validity of I-140: http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
    AC21 guidelines: http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf

    It's clear that the stress is on "intent". If at the filing of I-485, both the employer and the employee had the intent, it's fine. The only restriction is, one may not be looking for "same or similar" job at the time of I-485 adjudication. Why this restriction is even there is beyond me. It doesn't clearly state how much time after the adjudication, you should not be looking.

    Of course, the lawyers seem to be on the cautious side. Read the last sentence under intent in the following site (AC21: Changing employer while waiting for pending adjustment of status (http://www..com/greencard/adjustmentofstatus/changing-employer.html) ). It says that ...theoretically, USCIS might be able to revisit the adjudication of I-485 and initiate revocation processing.
    This inference is without any attribution.

    Then again, I couldn't find a single case where the I-485 was revoked because of suspected fraud in "Intent". We do need clarification from USCIS on this.





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  • lj_rr
    08-25 06:24 PM
    485 and 1st EAD/AP filed at TSC in July 2007

    Paper Filed EAD and AP Renewal for me and spouse on 7/1/08

    NSC Receipt Date:7/2/08
    EAD Approved:8/18 (There was no FP)
    AP Approved:8/20
    EAD Card Received: 8/23 with 2 years validity from date of issue(not from date of 1st EAD expiry) .Lost only 1 month though.





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  • bkr
    12-18 08:03 PM
    My advice is to take a new job, leave the current employer on good terms and forget about AC21.

    One more question, If we opt for AC21, can the previous employer revoke I140 (After 180 days) ? will that impact I485 ?

    Please advise.



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  • rajakannan
    06-28 08:02 PM
    if everyone is so confident tht "USCIS has to accept 485 thru JULY 31 no matter what" then why the rush by few to file on july 1st are they selfish and don;t care about others ??, can everyone join together and file on a particular day for the benefi of all ?





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  • jkays94
    05-15 03:01 PM
    Indeed if the major concern is the displacement of US workers and outsourcing, the Senator's should also send their questionnaire to companies such as Accenture (essentially a foreign corporation (http://www.gao.gov/new.items/d03194r.pdf)) and IBM Global Consulting among many other companies.

    http://www.truthout.org/mm_01/4.dnc.gop.tax.report.pdf

    Many of these corporations lobbying against cracking down on corporate expatriates and seeking to enjoy the tax breaks in moving offshore have been funneling campaign contributions to Republican federal candidates and parties. As the table on the previous page shows, Accenture contributed $237,584 (69% to the GOP) in the 2000 elections, and $207,081 (62% to Republicans) so far for the 2002 elections. Pricewaterhouse Coopers contributed more than $1.1 million (76% to Republicans), and more than $500,000 (81% to the GOP) already for the 2002 elections. Overall, these companies contributed nearly $2 million in 2000, with nearly another million thus far in 2002 – more than three-quarters going to GOP federal campaigns. These millions in contributions are clearly paying off.

    Any surprise that Grassley received $4000 (http://www.congress.org/congressorg/bio/fec/?commid=C00300707&page=campaigns&order=TOTAL&cycle=2003-2004) from Accenture in 2003-2004?

    So that the point is not lost, the two Senators should not seek to blame certain companies from only one country for the ills of outsourcing as well as attempt to blame the H1-B program for outsourcing when globalization is the order and reality of today's world. The fact that companies such as Accenture that specialize in outsourcing are not under similar scrutiny by the same Senators even when it is common knowledge their actions have resulted in the loss of US jobs raises serious questions about the Senators agenda in tackling outsourcing and in retaining US jobs in the US



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  • software7
    05-13 11:38 AM
    Raj,

    Every state has 2 senators. just google to find senators on your state
    go to their websites and their contact details will be ther. You can email or call them.
    Good Luck!!





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  • gapala
    02-21 01:27 PM
    Also , answer HONESTLY. please keep in mind they come for clarification on info they already have in hand.
    good luck

    Its beyond my comprehension, If they already have info, why would they come to your home? They just want to hear the same information again from hourse mouth? Just to check whether you are honest in providing information?

    Sheela, would you mind sharing a flavor of, if not exact information, are they looking to clarify from employee upon visiting their home? :)
    That might provide a better insight into this process as it seems, you are the only one so far who have already gone through this experience.



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  • gc_on_demand
    06-10 03:18 PM
    Was USCIS following prediction of OMBUDSMAN ???? or OMBUDSMAN WAS PREDICTING TRUE....

    This was dated in May 2007. before july fiasco.

    "This loss of visas is due to: (1) gaps in USCIS� accounting of cases; (2) USCIS not processing enough pending applications in a timely manner; and (3) the imprecise art of predicting workflows and demand surges at three federal agencies: Department of Labor (DOL) (approves labor certifications); USCIS (processes immigration petitions after completion of labor certifications and processes green card applications for applicants in the United States); and DOS (establishes priority dates and processes immigrant visas from applicants outside the United States). There will be severe consequences from rapid fluctuations in priority dates. If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card. Additionally, DOL�s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications. As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates. Consequently, most applicants in this scenario will find themselves trapped whereas they anticipated timely receipt of a green card, their wait exceeds seven or more years. In addition, all future employment-based green card applicants effectively would be barred from applying for many years.38"

    http://www.dhs.gov/xlibrary/assets/cisomb_annualrpt07__June_11_2007_section3e_untimel yprocessing.pdf

    PAGE 2-3





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  • GCInThisLife
    07-19 04:00 PM
    If it is of any consolation, though not required, I did submit employment letter along with her I485 from my wife's company which states her current salary and that employer is willing to provide employment till her H1B approval expires.

    It means, if at all they have any doubts, they may issue RFE, but if you have a good relationship in responding to those RFEs using company letters etc, there is no problem. Good relation means, employer has to suppprt you always in case of any RFE, thats it. He needs stand on your side. Then there is no problem. But if he won't stand on your side, then it is a problem. So, thats why relation with employer is very important when on H1 or EB.



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  • marlon2006
    09-15 09:12 AM
    I think it is nice that you are trying to see the thing from a positive side, but the reality is that for most of professionals lack of GC does make a big difference. As far as I people who wanted GC and once get it remain with same employer, I think that is a matter of personal preference. I can tell you that once I got the EAD - not even the greencard - that made an important difference in my life. Immediately I applied and got a temp/part-time opportunity, which provided me with additional source of income and job satisfication. My wife started working. I became eligible for Federal Financial Aid to sponsor my masters program. You can see how living in a limbo sucks.

    Moreover, even if it turns out one chooses to stick with same employer after getting the GC, at minimum one can be eligible for unemployment insurance, get any job, etc.






    I have several friends who were waiting for GC desparately and they thought it was the final destination. They had many reasons why to get GC and once they get, they will be free and can do / will do everything possible. But, once they got it, they settled in a permanent job. Without GC, they were working for the same client with even more pay and life was good if not better.

    I was thinking the same way; because I am no different.

    Oflate, I realised, I am un-necessarily worried about something which is not in my control. I realised that I am well paid, with this pay even the benefits I am not getting are compensated. Why am I worried? Should I be after GC in order to get peace of mind? I started looking it little differently. I am in this country to earn more money and live comfortably. I am already enjoying what I wanted. Then, why am I worried still? May be it is in human nature to always look for something which is not in the hands.

    I still need GC for other things like Children education and get some other benefits (our education / starting business etc). I agree, but there is lot of time for that in my case. There are several people who are in the same state as me if not all. Everyone's needs are different.

    I thought I will just share my ideas so that atleast some of the people will be happier.





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  • mirage
    03-11 05:23 PM
    Probaby you didn't see the whole list...
    From Your Petitioner:
    � A copy of the petition with all supporting documents as filed to USCIS.
    � A copy of the employment contract or letter of agreement signed by you and the petitioner.
    � Petitioner�s Income Tax Return for the last two tax years and financial statements.
    � A notarized list of all the petitioner�s employees of the job site listed. The list should show all employees� names, their specific job titles, start and end dates, and their individual salaries and immigration status.
    � State Unemployment Wage Reports, showing all wages paid to each employee in the state, for the past three quarters. (This should be the actual forms filed to the State authorities listing each employee and wages paid during the quarter.)
    � A letter from the client company sponsoring the project and a copy of the contract between the U.S.-based petitioner and the client company, stating the timing, terms and agreement for your project.
    � A copy of the contract between the U.S. employment agency (petitioner) and the job site (the location where you will actually work).
    � A letter (on letterhead) from the personnel department at the U.S. job site stating that there is a vacancy for you.
    � A detailed and specific description of the internal development project to which you will be assigned. Include a complete technical description of the project, employer, timeline, current status, number of employees assigned, worksite location, and marketing analysis for the final product.


    I find the requirements for H/L visa at Hyderabad quite legit.

    Asking employer (petitioners) last 2 years tax filing records + State Unemployment Wage Report + list of employees ensures that Petitioner really has a job offered ready and is not just a plan shop which would get head-count and hold them on zero/less pay on bench while they find a client.

    Currently this is what is happening in certain cases which is considered a fraudulent use of the visa.


    As a result of ramped fraud (On bench w/o assignment and not paid salary in full) the consulate is asking for all paystub and bank statements (which would show regular pay check deposits) to prove that petitioner (employer) did really pay regular salary. Otherwise, both petitioner and employee are de-frauding by not paying (employer) and not reporting (employee).

    What's wrong in asking these documents?



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  • rkanth12
    09-09 12:59 PM
    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.

    I have a question on salary hike after invoking AC21.
    What if new employer pay same salary as old and the other amount as per diem. Is that going to be a problem.
    For ex. current employer is paying 80K and new employer is going to pay 120 K. Which is way beyond the limit. In this case can new employer pay the difference in per diem.
    Experts, your opinion please.





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  • nikh
    09-20 10:19 PM
    As per the data, so far people with notice date (on 485) before sept 1st have got their FP notices (except few people). So, I presume if someone's case transfered back to NSC from CSC before spet 1 st, he or she should expect their FP notice soon.
    Obviously, we are not going get our notices if there several people lined up with notice dates before our transfer dates.

    This is just my logical conclusion, may be incorrect



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  • ramus
    06-20 06:16 AM
    Congratulation...

    I hate to see you leaving, you need to fight for others. Who knows somebody close to you might get stuck in this mess. IF everybody leave just because they got what they need than its not fair. If you think IV has helped you in any way then each of us put some effort to help IV and its members.


    Again congrates and hope you become more active in coming days.

    Thanks.



    Guys Got approved today morning........... Thanks to everyone on this forum for infinite information........... Will be back when ready for the Citizenship application..................:D

    --------------------------------------------------------------------------------
    *** DO NOT RESPOND TO THIS E-MAIL ***

    The last processing action taken on your case

    Receipt Number: LIN0XXXXXXXX

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Notice mailed welcoming the new permanent resident.

    On June 19, 2007, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

    *Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
    *** Please do not respond to this e-mail message.

    Sincerely,
    The U.S. Citizenship and Immigration Services (USCIS)
    -------------------------------------------------------------------------------

    PD- Dec 2002, I485-RD- Dec 2003.





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  • lc1978
    04-22 10:57 AM
    Just wrote to white house and to my senator.
    Thanks n appreciate for initiating.



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  • GC08
    09-01 06:07 PM
    Looks like the wait will be much longer than we originally thought.





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  • jonty_11
    07-06 02:13 PM
    this is an unprecedented development..GO IV GO>>> Kick butt





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  • johnamit
    07-17 09:34 AM
    Most of the July filers have 140 approved and working in a full time job.So I think there will be little impact.
    thats not necessarily true, there are lots of people with consulting firms including myself, however these are big consulting firms with 1000+ employees. I see fewer applicant from smaller companies.





    TeddyKoochu
    11-12 09:53 AM
    The disappointing news is that the projections for EB2 for India born applicants will not advance for several months. For the months of October and November 2010, the Department of State has used 700 EB2 numbers and that does not count the demand for USCIS for EB2 numbers.

    besically , nothing going to change.

    Thanks

    MC

    I think we should get VB tomm as today its Fed Holiday Veterans Day.

    Guys nothing new in here, EB2 I/C will most likely have to wait till the spillover season starts in Jul 2011 there will be good movement atleast equal to last Year so do not worry, we just need to be patient. for Eb2 I/C folks except if the PD is very close like in May it�s time to take a chill pill because the annual allocation is not even enough to take care of PD porting or older applications.





    sanbaj
    03-27 11:55 AM
    Thanks Sanbaj. Do you have both applications under same sponsor? Or different sponsor? My case is: both different sponsor and on top of that now I am working for third company using AC21 -EAD. Can any complications arise?
    My case was simple. Same Sponsor. Same Category EB2. You case is complex as three different companies are involved. In my understanding, which is very limited, both the approved I140s are yours to use. Whichever sponsor's I140 is applied to your AOS is that sponsor you should joing after AOS is approved. But, AC21 in your case makes it even more complex. You better get a very (interfiling) experienced lawyer to help you out in your case for just to be on the safe side. There is no point taking so much risk at this stage of this prolonged and painfull process.

    Best of Luck.



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