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  • mammoy2k
    09-10 12:49 PM
    When I used term misguide, I was reffering to "I-140 Approval". Here is another attempt to clarify:

    If you concurrently filed your application and if it is more than 180 since you filed and your I-140 is not approved yet, then can you use AC21? The answer is yes as per Yates memo. Even though your I-140 is not approved at the time you invoked AC21, USCIS while adjudicating the petition should determine whether the I-140 was approvable at the time of filling? Please read the memo, if you have not done so.

    In nutshell, I-140 approval is not required for invoking AC21, if application was filed concurrently and has been pending for 180 days or more. Attorneys ask you to remain in your job, so as to minimize the risk.

    Kindly see the context of the post and please read the post completely before going ballistic �

    I am not talking about the requirements for concurrent filing. Yes, everybody knows that I-140 and I-485 could be filed together, hence the word �concurrent�.

    However, approved I-140 is required for invoking AC-21 to change employer after 180 days of 485 receipt.

    If you want to change employer without consideration to the salary, be my guest. I am simply trying to relay what I have learnt from discussions with 4 top attorneys in the country. If you have any doubt, speak to an attorney. But you are welcome to do whatever you find is best for you. I have changed employer using AC-21 and simply attempting to provide the information about practical implication/ramifications of AC-21 from my experience and knowing. As always, you are welcome to do whatever you deem fit in your case.

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  • singhsa3
    01-03 09:42 PM
    I wish....;)
    Your friend == singhsa3 ??? - Just kidding

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    11-29 07:52 PM
    From ILW:

    FBI name check delays that have stalled benefit applications may soon be a thing of the past. We understand that the Executive branch will soon provide name check clearances within a prescribed amount of time. If the clearance is not completed within the designated timeframe, the benefit will be approved by USCIS while the FBI continues to work on the security process in parallel. The rationale to move tothis new process is not just better customer service for benefits applicants but also because it will enhance national security(our security demands that the bad guys be apprehended, not merely be denied immigration benefits). The background for this change of heart by the Executive branch is the fact that many federal courts have been coming down hard on excessive name checkdelays by the FBI. In fact, not only have some courts ordered expedited name check completions but in some cases courts have suggested that the courts have and would use their authority to adjudicate petitions if the Executive branch could not get itsact together. The attorneys and litigants who have sought federal court relief over these last several years deserve credit forforcing the Executive branch to adopt a more effective policy in this area (when it does happen, hopefully very soon).

    I'm wondering where did you get this information?

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  • JunRN
    08-22 08:37 PM
    It's 180-days validity. Good for those with H1 or L1 but not for others, who doesn't wish to apply I-140 without their PD being current.


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  • billu
    09-07 08:24 AM
    I am one of the unlucky ones on EB3 india who missed the july 2007 bus. With my PD under EB3 India, I know I am looking at 10-15 year wait. So I am planning to switch jobs and apply under EB2. I have done some research and I know that the position and the qualifications both have to match to go through in EB2. Those have successfully ported from EB3 to EB2, Can you guys throw some light on whether USCIS has any specific requirements like salary, previous holders of the position etc etc for EB2. Also, if i apply I-140 under EB2 with the new employer and pay 1000$ from my pocket for premium processing, are there more chances of rejection/RFE due to premium processing?Pls help me get out of the EB3 shit.

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  • sirinme
    12-20 05:45 PM
    The same memo also talks about AC21 - to me, it sounds like those who qualify under AC21 can also get 7th year extension even though they are currently not on H1-B status. Could someone please clarify if I can now "recapture" my now-long-gone-H1B based on this memo and the following information?

    - I had a H1B visa, whose 6 year period was going to expire in Dec 2005.
    - In Oct 2005, I changed to a different employer using AC21 & EAD. So the H1B became void at that time.

    Now, under the clarification by this memo, can I apply for the 7th year extension of my old H1B and switch back to that (rather than using EAD to work in US)?


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  • bkam
    04-12 08:25 PM

    As I said, this was just a hint. Point for discussion in case our amendments do not pass. And there is a precedent which can be used as a leverage. You know the principles of the "brain storm" problem resolution - throw several wild ideas and if at least one of them works, the goal is achieved.

    If the amendments pass, forget for this idea.

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  • anda007
    07-06 10:14 PM
    Let us send this guy some flowers too. maybe it will cure him from his insanity too !!!

    BBBBRrrrrrrrr another idiot

    1) My screen name has nothing to do with the argument here. If we discuss my screen name we are going on a tangent which is very typical of desis (I rememeber womanly taunts in movies and woman gossip where they would pick anything but would niether make a point nor a valid argument)

    so you can see where your argument is going..

    2) Hopefull signifies optimism. A pessimist is an optimist who is very analytical or knows better. Your argument is similar to "And they lived happily ever after ...(after singing around green trees) ...." ignoring the ground reality, facts that no dent has been made and also turninga blind eye to the fact that there are people since 2001/2002 stuck. Its 2007 meaning five years and if the Dept is not willing to budge after all these efforts to a number more than 7000, and you still are HOPEFULL ignoring the facts means that you are an idiot. Yes you will get your GC before you die for sure provided you live upto the age of appx 70 and your consulting firm is around and you are not tired of the bickering with your employer.

    Its just like a Yash Chora SRK movie ...it only happens in reel life and not real life ..

    3) as far as the FT job goes we both knwo it deep within what it means...i hope you are smart enough to get the point and wont make me word it to emabrass you further..

    4) if you would be intelligent enough to shed some light on how kindness and make you get your GC in thsi scenario ...

    just a piece of advise ..STOP BEING DUMB


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  • chanduv23
    03-21 04:30 PM
    I spoke to a staff at Michael R. McNulty's office.
    He comes to Albany on weekends only.
    Rest of the time (5 days a week) he is in Washington.
    We can meet staff members any time betwenn 9 to 5 (no appointment required).

    Spoke to staff member at Schumer's office.
    He is not available for a meeting.
    Have set up a meeting (with staff) for 12th April 11am (nothing available for next 2 weeks).
    I was actually just trying to find out if we could schedule an appointment with Schumer. Did not expect them to set up an appointment on the phone so fast.
    We can change if this is not convenient.
    I am not sure if this is gonna help, as it is 2 weeks away.

    Please provide feedback.

    I will go home and review what can be done, tonight. Great, lets coordinate on this.

    Great we already have 4 members.

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  • garybanz
    11-02 04:25 PM
    I will repeat again that I said earlier.

    Again, do not quote some lawyer's opinion on this issue from his/her website.


    The law seems to have changes due to AC21, I don't think we can get any actual data of any one who got his GC after AC21 and has already converted to citizenship.

    It would be really great if IV can contact USCIS and get an official guideline on this topic.



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  • paskal
    12-20 05:30 PM
    if the entire quota for EB2 is not allotted in a year, then the numbers are being sent down depite retrogression in india and china. that is how you know. every visa allotted to EB2 should be used within....if there is extra it's used by india/china.

    The devil is in the details....What do they determine during the year that there are additional visas available ??? In that question lies the whole issue...
    The state dept. would not give the number usage statistics until the year has ended..The laws say something...the Babus in Washington interpret it in their own way and donot explain anything....How do you make them tell their interpretation ????

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  • jetguy777
    07-08 05:16 PM
    This is an excerpt from Ron Gotcher's website that addresses a possible outcome for these bills:

    "As far as I know, they only had sub-committee hearings, but that is where the real work is done. The sub-committee takes testimony from interested parties and gathers other evidence related to the subject matter of the bill.

    Legislation generally only goes to full committee when it is going to be forwarded to the floor as free standing legislation. In this case, no one really expects any of these bills to be presented to the floor for a vote, so the full committee is not bothering with them. Rather, the sub-committee has taken in relevant evidence and let everyone have their say. Now, if they can find an appropriate vehicle, they can attach some of the proposals from the various bills and try to get emergency relief passed."

    Is there any update on three bills in house. I have checked the hearing schedule for all committees and there seems to be no hearing scheduled for any of these bills. House is in session till September 7 and after that District work period and convention shows, which leaves us with just 4 weeks from now and after that It reconvens from September 9 with target adjournment date of 26th september and i m pretty sure no congressional rep will like to cast vote on any bills before going into election....

    Prospects seems bleak now... Is there anything we can do...any last attempt that is required? If so...Let us all know...


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  • mjULTRA
    02-12 03:47 PM
    Cool Kit. very original...

    Soul - I voted a few days ago, but never posted why, and decided to add my coments, after i voted. Good Job everyone who entered..

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  • anura
    04-29 03:17 PM

    Actually the SU-30MKI beat both the F-15 and Eurofighter in training with the US and RAF, and is developed jointly by HAL.
    Eurofighter has also invited India to partner in its development

    So ? What is it got to do with my comment or immigration?


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  • GCOP
    04-20 12:40 PM
    The previous post has a very good draft, but in addition, we should add recapture of unused visas. Let's hope for the best. Thanks

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  • itsmedude
    02-12 04:46 PM
    Hi all,

    Mine is a different situation, i was with my employer till mid of last year and did not inform him while leaving his company and joined another job (h1 transfer) he is now saying that the vendor did not pay him some money and i have to pay that amount and he is demanding that amount for my W-2.

    He also said that he would take legal action if i didnot pay his losses ( i did not sign any document with him other than my h1b papers) no agreements,

    I am going to call IRS after feb15, but is he going to go to court?

    Please suggest me.



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  • gc28262
    03-27 11:07 AM
    Sure, why not. An immigrant who is not in valid status is one who is legally not allowed to be in the country. Therefore he is a security threat. If somebody who should not be allowed in your house were in your house, you would consider him to be a security threat, wouldn't you? Am I missing something here?

    Yes you are. That was just a blanket statement. I need some logical reasoning from your side.

    "somebody who should not be allowed in your house" is not necessarily a security threat.

    The fact that "somebody is allowed to be in the house" doesn't mean that he is a safe person to be around.

    The condition "whether one is allowed/not allowed to be in the house" does not have a direct relation to the security aspect.

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  • dallasdude
    06-10 03:44 PM
    You can make whatever you like of the current situtation, but let me tell you something.
    There is a HUGE difference between being TOLERATED and BEING LIKED.
    I am sure you have the intelligence to see the difference.
    You can "tolerate" someone you don't like, but you can not "welcome" someone whom you don't like. I for one, donlt want to be in the "tolerated" category.
    And may I ask, what exactly is your definition of hostility? Being chased down the street by a bunch of thugs, who think you should be in their country, or the kind of passive hostility being practised as of now?

    You are free to go back to your home land if you feel like you are not welcomed here.

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  • ilikekilo
    01-09 12:53 PM
    not sure what you meant but all your benefits CEASE on the day of your termination in the job..

    05-11 06:22 PM
    - How has greencard changed your life after receiving it?

    It was a relief. No change on the work or personal side of life. Still at the same job. It pays well (always has) and I like it.

    - What did you do on the day you received it?

    Called my wife (who was in India). Bought a bottle of 'Blue Label' and polished it off in one night. Skipped the next day at work b'cos of the hangover.

    ** For people who wonder what happens if your GC is approved when you are in India. My wife was in India when our GC was approved. I did not mail her the GC. She entered US using Advance Parole. At the POE, she was asked if she was aware that her GC was approved. She did say "yes" and she was welcomed into US without any hassles.

    - How did the long wait upset your life?

    The wait was long (PD : May 2002 , GC AD : June 2007). The initial stage (2002 to 2004) was carefree (not worried about GC. More focussed on establishing career). The middle stage (2005 to 2006) was painful. We were in the I485 stage for almost 3 years. Then the final stage (2006 onwards) was carefree again. We had given up on the GC process and had decided that it will come when it has to come. We even bought a house in 2006 and decided to live life as we always wanted to. And then suddenly the GC arrived in June 2007 (interestingly there was no email .. nor any LUDs).

    The only frustrating thing in the I485 stage was the annual renewal for EAD, AP. Fortunately, my employer paid for all that (including spouse). But it was hassle to get the papers ready, fill in the forms, interact with the immigration department ..so on. This was a little irritating every year.

    - How did immigrationvoice help you during this long wait?

    The immigrationvoice leaders are very inspiring. It is very heartening to see everyone so excited and willing to stand up for a common cause. Of course, there are the occasional "wet towels" in the forums who want to see the negative in everything. But I have seen the IV leaders learn to ignore them.

    - Would you like to continue your support to immigration voice and help others waiting?

    Sure. We are hard pressed for time. But have contributed financially in the past (anonymously). We believe in doing a deed and not talking about it. (so please do not read more in the financial contribution part). We will continue to send in the few dollars as usual.

    - Any advice for everyone?

    It is very easy to say that do not let this process affect you. And we are not going to say it. It is like preaching to the choir.

    All we can say is "Hang in there". Plan for your future. Have your goals and work towards them. And we hope GC is just one of them.

    05-15 01:53 AM
    How come such legislative efforts are not even in IV's radar now....

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