rkanth12
09-10 12:02 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, I noticed you invoked AC21. Is that correct?
Please post all your details such as how long you were with your old employer,
when did u inform uscis about your new employer.
Was there much difference in ur salary?
Is your GC approved? Which stage are u in.
Is ur new employer from same state?
I know I'm asking so many questions. But always wise to get opinion from experienced person.
So far in this thread you answerd so many questions. Be little patience and answer the above. Also I missed and you think important to share, please.
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, I noticed you invoked AC21. Is that correct?
Please post all your details such as how long you were with your old employer,
when did u inform uscis about your new employer.
Was there much difference in ur salary?
Is your GC approved? Which stage are u in.
Is ur new employer from same state?
I know I'm asking so many questions. But always wise to get opinion from experienced person.
So far in this thread you answerd so many questions. Be little patience and answer the above. Also I missed and you think important to share, please.
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syedajmal
02-11 10:18 AM
While we work on bills, is there anything that can be done without a bill but from some kind of an order from the President's office or the Head of USCIS. Getting a bill thru congress in this climate seems next to impossible ( If we could just counter the -ve bills/amendments that would be significant).
What I am trying to say is there something somewhere that can be done with just one office making the decision then we can all make a concentrated effort towards that one office as we do have a few Legal immigration friendly people at every office.
Any ideas????
What I am trying to say is there something somewhere that can be done with just one office making the decision then we can all make a concentrated effort towards that one office as we do have a few Legal immigration friendly people at every office.
Any ideas????
SkilledWorker4GC
07-08 04:07 PM
Just to add to your description of indians, We have people like Bobby Jindal of indian origin who doesnt care about his own roots and his own people but would do anything for his own selfish political career.(Even change religon and change name). Shame on you Mr Jindal.
Based on what Zoe Lofgren said in the video interview it is clear that no piece meal changes will be entertained. Courtesy of the media (read: Lou Dobbs) and the hispanic representation in the Congress/Senate any legal immigration effort is held at gun-point. In my opinion all changes will be rolled up into CIR, which may pass as late as 2010. Be it Obama or McCain, they have bigger issues to address before worrrying about immigration and that to legal immigration. Both have to live up to poll promises and immigration reform features only as a lip-service when both speak on the campaign trail. Bringing the troops home, addressing issues with economy, and solving the energy needs will be prioririty number one for the new President.
I spent considerable time reading the last CIR proposal and it was clearly in favor of illegal immigrants. Restrictions on hiring legal immigrants and choking their talent featured at the top of the "to do" list for legal immigrants like us. I dont see much change in the next CIR. Few changes here or there but the word "Comprehensive" in CIR is reserved for illegals.
Who is to blame? In my opinion, US. Not U.S but us (we the people). On one hand you observe legal hispanic immigrants and business fighting for the cause of their community and on the other we conveniently forget our community as soon as we adopt this alien land. I live in the Bay Area and boy have I seen the marathi mandals, kannada sanghas, TANA, AATA, BATA and God knows how may orgranizations that represent our fractured presence in this country. We have shamelessly displayed our differences based on cultural backgrounds/needs. Sardar Patel's dream of "Ek akhand bharat" (one united India) seems to reverberate only when India plays Pakistan in a game of cricket. I wonder if people such as Vinod Khosla, Vinod Dham, Arun Netravali, Indra Nooyi understand or are are atleast cognizant of the issues their community is facing. For a wild second, imagine the above four making a few phone calls. I bet the impact will be huge.
Congratulating ourselves for small achievements and patting each other the back for things such as two year EAD extension, etc is great but the celebrations have to stop and we need to focus on CIR. Immigrationvoice is a great organization and I will not take away anything from it. That said, collecting a few hundred thousand, making phone calls, and sending flowers is going to do jack-shit. We need representation on the corridors of power. That's where the battle is.
Finally anybody who calls the D.C rally a success needs to go easy on the weed. I was there and I can tell you, it was pathetic. Compare that to the L.A rally by the hispanic community. We can give a million explanations on why the D.C rally was under-represented. The bottomline my friends is that the L.A illegal rally got more coverage on CNN and the media, which clearly translated into a biased CIR.
Lastly, please dont take a few lines from what I've written and display your rebuttal skills. Frankly, I give a rats ass on what you have to say.
Based on what Zoe Lofgren said in the video interview it is clear that no piece meal changes will be entertained. Courtesy of the media (read: Lou Dobbs) and the hispanic representation in the Congress/Senate any legal immigration effort is held at gun-point. In my opinion all changes will be rolled up into CIR, which may pass as late as 2010. Be it Obama or McCain, they have bigger issues to address before worrrying about immigration and that to legal immigration. Both have to live up to poll promises and immigration reform features only as a lip-service when both speak on the campaign trail. Bringing the troops home, addressing issues with economy, and solving the energy needs will be prioririty number one for the new President.
I spent considerable time reading the last CIR proposal and it was clearly in favor of illegal immigrants. Restrictions on hiring legal immigrants and choking their talent featured at the top of the "to do" list for legal immigrants like us. I dont see much change in the next CIR. Few changes here or there but the word "Comprehensive" in CIR is reserved for illegals.
Who is to blame? In my opinion, US. Not U.S but us (we the people). On one hand you observe legal hispanic immigrants and business fighting for the cause of their community and on the other we conveniently forget our community as soon as we adopt this alien land. I live in the Bay Area and boy have I seen the marathi mandals, kannada sanghas, TANA, AATA, BATA and God knows how may orgranizations that represent our fractured presence in this country. We have shamelessly displayed our differences based on cultural backgrounds/needs. Sardar Patel's dream of "Ek akhand bharat" (one united India) seems to reverberate only when India plays Pakistan in a game of cricket. I wonder if people such as Vinod Khosla, Vinod Dham, Arun Netravali, Indra Nooyi understand or are are atleast cognizant of the issues their community is facing. For a wild second, imagine the above four making a few phone calls. I bet the impact will be huge.
Congratulating ourselves for small achievements and patting each other the back for things such as two year EAD extension, etc is great but the celebrations have to stop and we need to focus on CIR. Immigrationvoice is a great organization and I will not take away anything from it. That said, collecting a few hundred thousand, making phone calls, and sending flowers is going to do jack-shit. We need representation on the corridors of power. That's where the battle is.
Finally anybody who calls the D.C rally a success needs to go easy on the weed. I was there and I can tell you, it was pathetic. Compare that to the L.A rally by the hispanic community. We can give a million explanations on why the D.C rally was under-represented. The bottomline my friends is that the L.A illegal rally got more coverage on CNN and the media, which clearly translated into a biased CIR.
Lastly, please dont take a few lines from what I've written and display your rebuttal skills. Frankly, I give a rats ass on what you have to say.
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MunnaBhai
07-02 03:39 PM
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grupak
06-12 02:50 PM
The text of the testimonials on the sub committee hearing is uploaded. Do find the pdf of the testimonials at http://judiciary.house.gov/oversight.aspx?ID=452
All the witness except Mark Krikorian felt the 3 bills from Rep. Lofgren and one bill from Rep. Wexler (HR 5924 - addressing Nursing shortage) are the need of the hour.
Let us keep working on the phone campaigns.
Interesting reading. Wonder what is it about eugenics that still appeal to some people: Just get some geniuses and they will build heaven as opposed to people who are actually providing vital service to the community. I guess I should get my IQ results translated to English first.
All the witness except Mark Krikorian felt the 3 bills from Rep. Lofgren and one bill from Rep. Wexler (HR 5924 - addressing Nursing shortage) are the need of the hour.
Let us keep working on the phone campaigns.
Interesting reading. Wonder what is it about eugenics that still appeal to some people: Just get some geniuses and they will build heaven as opposed to people who are actually providing vital service to the community. I guess I should get my IQ results translated to English first.
ganguteli
06-01 09:42 AM
When is this going for voting?
It is already been voted. (by you) and is sure to pass by a big majority vote :D
It is already been voted. (by you) and is sure to pass by a big majority vote :D
more...
pappu
02-11 11:37 AM
DOS recently released the visa usage statistics for FY 2008 (http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf). For once USCIS managed to use up all the visas allocated for the year. Kudos to USCIS :D But it comes with a price for EB folks. For the past few years, forward movement of PD during the last months of the FY has been propelled due to the spillover of unused FB visa's from prior year. Remember last year almost 23k FB visas got spilled over to the EB limit and caused significant forward movement of PD's for EB2 I/C. Unfortunately in 2008 USCIS used up all of the FB visa's, hence there will be no visa's to spillover:mad: I had consolidated the visa usages in the past few years, Here is a link to the document (http://spreadsheets.google.com/ccc?key=p_liYSUcqZRXA9OjuWUNRag&hl=en). The document has hyper link to the source for all the data.
If you are EB3 I/C and wondering why dates didn't move in 2008. Here is the answer,
EB3-C and EB3-I got 1,985 and 3,576 visa's respectively. With such kind of visa allocation there is no doubt about why the dates aren't moving.
If you are EB2 I/C and dreaming that somehow the new spillover would take care of things. You might be pleasantly surprised by the usage of EB1 and EB2-ROW in 2008. Last year many were dreaming that all of the 23K FB visa's would directly go to EB2-I/C but the data shows otherwise. EB2-C and EB-I got 6,967 and 14,819 visa's respectively for the entire 2008. If all the 23K visa's were used by EB2-I/C then their respective numbers would have been much higher.
Bottom line: Without significant change in the EB limit through recapture or increase in EB limit. The forward movement of PD will be a trickle atleast for the rest of the year. We can pray and do whatever before every bulletins, but the numbers cannot lie and hence the bulletins would be a disappointment (for many) until we grasp the reality.
Let us get our acts together and start working together towards some constructive actions like a bill or an amendment. Let us have a healthy debate on what needs to be done.
Good analysis.
I do however hope for little extra movement than what we have seen this year for EB2 I and C due to horizontal allocation. However Eb2 still has good enough retrogression and we should not see any big jumps in dates. EB3 maybe a different story without any legislation or any fix.
If you are EB3 I/C and wondering why dates didn't move in 2008. Here is the answer,
EB3-C and EB3-I got 1,985 and 3,576 visa's respectively. With such kind of visa allocation there is no doubt about why the dates aren't moving.
If you are EB2 I/C and dreaming that somehow the new spillover would take care of things. You might be pleasantly surprised by the usage of EB1 and EB2-ROW in 2008. Last year many were dreaming that all of the 23K FB visa's would directly go to EB2-I/C but the data shows otherwise. EB2-C and EB-I got 6,967 and 14,819 visa's respectively for the entire 2008. If all the 23K visa's were used by EB2-I/C then their respective numbers would have been much higher.
Bottom line: Without significant change in the EB limit through recapture or increase in EB limit. The forward movement of PD will be a trickle atleast for the rest of the year. We can pray and do whatever before every bulletins, but the numbers cannot lie and hence the bulletins would be a disappointment (for many) until we grasp the reality.
Let us get our acts together and start working together towards some constructive actions like a bill or an amendment. Let us have a healthy debate on what needs to be done.
Good analysis.
I do however hope for little extra movement than what we have seen this year for EB2 I and C due to horizontal allocation. However Eb2 still has good enough retrogression and we should not see any big jumps in dates. EB3 maybe a different story without any legislation or any fix.
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paskal
08-31 05:18 PM
no jaime, there are excuses:
i did not get a receipt, without that how can i think of GC?
i filed 485. now why should i care?
(top two!)
my work, my family, my dog, my birthday, my fears, my laziness, my apathy, my cynicism and my belief that others are working- why should i?
there are motivated members who cannot come for genuine reasons. we are trying to help them where we can- and they are helping others where they can. but they are far outnumbered by the "this is a forum if you don't want tracking why don't you close it" crowd. and the "who are you to ask me" crowd and " participation is voluntary, don't spam me" crowd- you know the drill.
apparently many have forgotten or never bothered to find out that IV is a grassroots organization that aims to end all retrogression. and they have a distaste for education too. after all they are "highly skilled" :confused:
i did not get a receipt, without that how can i think of GC?
i filed 485. now why should i care?
(top two!)
my work, my family, my dog, my birthday, my fears, my laziness, my apathy, my cynicism and my belief that others are working- why should i?
there are motivated members who cannot come for genuine reasons. we are trying to help them where we can- and they are helping others where they can. but they are far outnumbered by the "this is a forum if you don't want tracking why don't you close it" crowd. and the "who are you to ask me" crowd and " participation is voluntary, don't spam me" crowd- you know the drill.
apparently many have forgotten or never bothered to find out that IV is a grassroots organization that aims to end all retrogression. and they have a distaste for education too. after all they are "highly skilled" :confused:
more...
Kitiara
02-07 09:10 AM
I got another one, I'm catching you up slowly. :evil:
Very slowly. Er, how long has the voting got left?
Besides, we've got aaround 40 or so votes, and they're spread over five people, so it would take longer than if it was just between two people. Well, obviously it <i>is</i> between two of you... :) If you took the votes for the mere mortals and added them to you two, then one of you would have crossed the line by now. :beam:
Very slowly. Er, how long has the voting got left?
Besides, we've got aaround 40 or so votes, and they're spread over five people, so it would take longer than if it was just between two people. Well, obviously it <i>is</i> between two of you... :) If you took the votes for the mere mortals and added them to you two, then one of you would have crossed the line by now. :beam:
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sekhar123
12-21 07:46 AM
I sent in my passport renewal on Aug 1st, no update as of now. Sent them e-mails no response. Shame on you CGNY.
more...
PresidentO
04-01 06:35 PM
This is clearly crap.
Either USCIS or your attorney screwed up.
In either case, ask your former attorney to provide the letter he wrote to USCIS to withdraw his representation. If he did what you asked, good forward the same to USCIS with a MTR and then file a DHS7001 form (google if you dont know the form) with USCIS Ombudsman.
if your attorney screwed up, hire another one first to file an MTR along with your communication to your attorney (also file DHS7001) showing that its the attorney who screwed up and not you. Next hire a good litigation attorney and beat the crap out of this slimy attorney and get him to pay some good $$$.
I sincerely hope its the former and not the latter. Even if its the latter, stay positive and engage a good attorney and litigate. You sure will win some $$$. :)
Either USCIS or your attorney screwed up.
In either case, ask your former attorney to provide the letter he wrote to USCIS to withdraw his representation. If he did what you asked, good forward the same to USCIS with a MTR and then file a DHS7001 form (google if you dont know the form) with USCIS Ombudsman.
if your attorney screwed up, hire another one first to file an MTR along with your communication to your attorney (also file DHS7001) showing that its the attorney who screwed up and not you. Next hire a good litigation attorney and beat the crap out of this slimy attorney and get him to pay some good $$$.
I sincerely hope its the former and not the latter. Even if its the latter, stay positive and engage a good attorney and litigate. You sure will win some $$$. :)
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tonyHK12
11-12 10:01 AM
Tony, IV core is not even willing to consider the $12/yr idea, leave alone $5/mth.
Send a message to Pappu and see what he says.
Well i see their point too, we have to show uscis we have 45000+ members. At the same time we have to get in the range of thousands of donors.
how to do both?
well right now mostly only Donors benefit from IVs efforts.
Send a message to Pappu and see what he says.
Well i see their point too, we have to show uscis we have 45000+ members. At the same time we have to get in the range of thousands of donors.
how to do both?
well right now mostly only Donors benefit from IVs efforts.
more...
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zoozee
08-28 01:30 PM
Me and my my spouse are attending DC rally flying from San Jose.We did even attend San Jose rally.
If everyone makes a sensible effort this time together we will be very strong in our voice.
WE ENCOURAGE EACH ONE SHOULD PARTICIPATE WITH STRONG HOPE AND WILL.
Regards.
If everyone makes a sensible effort this time together we will be very strong in our voice.
WE ENCOURAGE EACH ONE SHOULD PARTICIPATE WITH STRONG HOPE AND WILL.
Regards.
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punjabi
08-28 04:15 PM
hey guys...
I read this amazing thread and I am feeling terrible guilty of not going to DC for Rally. I thought contributing $100 was enough.
YES, I GOTTA GO TO RALLY AND BE A PART OF THIS EFFORT. AND I WILL GO.
Guys: If IV wins and we are able to change the law.....and then someone comes across you and ask:
"Did You help?"
What will be your reaction? Will you pump your chest out and scream "YESSSS..."?
I know, I will. How about you?
I read this amazing thread and I am feeling terrible guilty of not going to DC for Rally. I thought contributing $100 was enough.
YES, I GOTTA GO TO RALLY AND BE A PART OF THIS EFFORT. AND I WILL GO.
Guys: If IV wins and we are able to change the law.....and then someone comes across you and ask:
"Did You help?"
What will be your reaction? Will you pump your chest out and scream "YESSSS..."?
I know, I will. How about you?
more...
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kumarc123
07-08 03:05 PM
I got nothing else to say besides that I concur with every word you said about highly skilled population. They get so caught up and satisfied with their small satisfactions, that they tend to ignore the bigger picture. At times, I think USCIS just fooled us and gave in July07 to shut us up. Yes the right work is shut all us up, like those small beggars who beg on the streets and you give them 2Rs to shut them up.
Shame on All of us for not standing together, this message is for the administrator, to do something big now rather wait and see. To deliver the best push we have to act now---
Shame on All of us for not standing together, this message is for the administrator, to do something big now rather wait and see. To deliver the best push we have to act now---
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yabadaba
12-28 11:19 AM
how do I avoid that scenario?
If I send some information to USCIS that I am invoking AC 21, they would not allow my employer to revoke I 140?
as far as i know, you cannot avoid that scenario of the employer withdrawing I-140. You can speak to them, but there is no way you can guarantee what they do. Your boss may agree but ur corp lawyers or HR may have different ideas.
just make sure u document everything including ur ac21 request to uscis. mayke sure u have an attorney on record who will file ur ac21...if u want to be supersafe.
as long as u have the documentation and correct letters from your company, even if they have a rfe on ur case, u can provide documentation...if they issue a noid or deny ur petition, ur lawyer can help u file a mtr (motion to reopen/reconsider) and resolve it for u.
i am not speaking from personal experience but from what i have been reading on the forums for a few years now.
on the plus side u will have hundred if not thousands of ppl invoking ac21 in the next few days...so uscis will be well aware of the law, clauses, etc when it comes time to adjudicate urs.
If I send some information to USCIS that I am invoking AC 21, they would not allow my employer to revoke I 140?
as far as i know, you cannot avoid that scenario of the employer withdrawing I-140. You can speak to them, but there is no way you can guarantee what they do. Your boss may agree but ur corp lawyers or HR may have different ideas.
just make sure u document everything including ur ac21 request to uscis. mayke sure u have an attorney on record who will file ur ac21...if u want to be supersafe.
as long as u have the documentation and correct letters from your company, even if they have a rfe on ur case, u can provide documentation...if they issue a noid or deny ur petition, ur lawyer can help u file a mtr (motion to reopen/reconsider) and resolve it for u.
i am not speaking from personal experience but from what i have been reading on the forums for a few years now.
on the plus side u will have hundred if not thousands of ppl invoking ac21 in the next few days...so uscis will be well aware of the law, clauses, etc when it comes time to adjudicate urs.
more...
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waiting_4_gc
08-28 06:54 PM
where are you planning to stay?
I'm reaching there on Tuesday morning and flying back in the
evening (same day).
I'm reaching there on Tuesday morning and flying back in the
evening (same day).
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HarshJ
10-02 01:50 PM
If you have the receipt #s cant you approach the local service center with infopasss and request expedited processing?
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belmontboy
05-18 06:12 PM
while only a handful of members expressed their enthusiasm, the core and rest seem to not care about this proposal.
CORE members, do you have any inputs here? It necessarily doesnot have to be agreeing with us, just that ur silence bothers me!
Considering the current economic situation, i donot expect much progress in addressing country quota elimination/CIR's.
We should atleast try to get our issues addressed in bits and pieces. Overall, anything to address retrogression should be welcomed! rather than 'debate and beat the horse to death.'
CORE members, do you have any inputs here? It necessarily doesnot have to be agreeing with us, just that ur silence bothers me!
Considering the current economic situation, i donot expect much progress in addressing country quota elimination/CIR's.
We should atleast try to get our issues addressed in bits and pieces. Overall, anything to address retrogression should be welcomed! rather than 'debate and beat the horse to death.'
bomber
08-08 06:46 PM
Does that mean 180 after the I140 is approved or 180 after the RN of the I485 as long as the I140 is approved? (Even if it has been approved for only 2 months)
You are right...
180 after the RN of the I485 as long as the I140 is approved Even if it has been approved for only 2 months or days!
You are right...
180 after the RN of the I485 as long as the I140 is approved Even if it has been approved for only 2 months or days!
sanbaj
07-28 03:49 PM
:confused: I have
EB2 140 Approved Feb 2006
EB3 140 approved June 2004
My Lawyer says that when they filed my 485 in July 2007, they sent both 140 petitions. IS THAT POSSIBLE ?
Now that the dates got current in Aug 2008 bulletin , I asked them to proceed further so that my case could be adjudicated.
They suggested me to wait and see since ,now, my original EB2 is current anyways.
My question is, Is there any way to find out which category (EB2 OR EB3)will USCIS consider my 485 case to be ?
Should I request infopass now or wait ?
Yes, in my opinion, you can file with two I140s, especially, if you want to use category of one and PD of the other. You can find the PD for your 485 on your 485 RN and from that you can deduce that they are looking at EB3 or EB2 I140.
Waiting for Aug/08 and calling USCIS for opening a SR is the good way to ask them to work on your case.
Best of Luck.
EB2 140 Approved Feb 2006
EB3 140 approved June 2004
My Lawyer says that when they filed my 485 in July 2007, they sent both 140 petitions. IS THAT POSSIBLE ?
Now that the dates got current in Aug 2008 bulletin , I asked them to proceed further so that my case could be adjudicated.
They suggested me to wait and see since ,now, my original EB2 is current anyways.
My question is, Is there any way to find out which category (EB2 OR EB3)will USCIS consider my 485 case to be ?
Should I request infopass now or wait ?
Yes, in my opinion, you can file with two I140s, especially, if you want to use category of one and PD of the other. You can find the PD for your 485 on your 485 RN and from that you can deduce that they are looking at EB3 or EB2 I140.
Waiting for Aug/08 and calling USCIS for opening a SR is the good way to ask them to work on your case.
Best of Luck.
