wahwah
06-05 01:04 PM
i think we probably oughta wait for some lawyer to give an explanation. i know for a fact previously you could port without an approved I-140. My lawyer supported the decision.
But if this memo actually means that you need to have an approved I-140 prior to porting then what happens to people who actually ported w/o I-140 being approved? I don't know.....I am a little nervous now.
Also, it'll be interesting to find out when will this memo become effective? I assume its May 30 as that was when the memo was written.
I had asked TWO different lawyers and they were BOTH 100% sure that to use the AC-21 you needed an APPROVED I-140 not an approvable I-140.
But if this memo actually means that you need to have an approved I-140 prior to porting then what happens to people who actually ported w/o I-140 being approved? I don't know.....I am a little nervous now.
Also, it'll be interesting to find out when will this memo become effective? I assume its May 30 as that was when the memo was written.
I had asked TWO different lawyers and they were BOTH 100% sure that to use the AC-21 you needed an APPROVED I-140 not an approvable I-140.
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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)
gc_maine2
05-15 01:00 PM
I agree too, it was inspiring story. good post snathan....
I believe Mbhai did a dis-service by negating good advice. What is the guarantee that the 2nd women that this guy marries will not ask for divorce? The best thing he can do is find a way to reconcile, unless there is marital infidility.
I believe "snathan" story was inspiring and addressed the true problem of that individual and every indivudual's life. Trust me, when you all get your GC's ...it will be these things that will matter to all of you, rather than anything else.
I believe Mbhai did a dis-service by negating good advice. What is the guarantee that the 2nd women that this guy marries will not ask for divorce? The best thing he can do is find a way to reconcile, unless there is marital infidility.
I believe "snathan" story was inspiring and addressed the true problem of that individual and every indivudual's life. Trust me, when you all get your GC's ...it will be these things that will matter to all of you, rather than anything else.
2011 Stinky Face Tiger at The Wild
singhsa3
01-03 06:58 PM
A freind of mine came across a gentleman, who is here on work visa and he is facing a unique problem. He is married to two persons and wants to bring his whole family here in the USA. He was looking for answer if he can get both his spouses and kids here on H4 visas. Currently both of them and his kids are in India. Interesting hmmm :D
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kevinkris
04-08 02:55 PM
They didn't mentioned it in the press release though..
rustamehind
08-10 12:21 PM
What make you think BCOM or BBA or BSC is less than any other Bachelor degree EB3 own labor guys have. I am not here to defend or oppose LS. But before you talk about people who are not from same educational background as you, you should come out of bottom of Rock you have been living and breathe some fresh air. I for one, who has BCom and able to get my labor and GC cleared without using any of short cuts. :mad::mad::mad:
The reference was for people who were using other people's approved labours , filed with 4 year degree requirement to jump the line.If you got GC with your own credentials (degree & experience) , thats fine.
The reference was for people who were using other people's approved labours , filed with 4 year degree requirement to jump the line.If you got GC with your own credentials (degree & experience) , thats fine.
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pappu
12-24 09:56 PM
Let us see how many IV folks are in this boat. It is really unfortunate that you guys have had to wait. I think there are others who may have applied later in EB3 and due to different state labor, they got their GC in a couple of years. Now they maybe preparing for citizenship while you are still waiting for greencard. The labor backlogs have created this situation.
2010 African Lion is an annually
sherlock01
09-22 12:58 PM
Got the CPO mail for my EAD. Awaiting spouse EAD.
EAD Applied: Aug 25th @ NSC E file
FP Completed: Sep 12th
CPO Email Rcvd: Sept 22nd.
I think I am very lucky to get the approval in just 27 days. My spouse needs it more than me though. Hope that gets approved soon.
EAD Applied: Aug 25th @ NSC E file
FP Completed: Sep 12th
CPO Email Rcvd: Sept 22nd.
I think I am very lucky to get the approval in just 27 days. My spouse needs it more than me though. Hope that gets approved soon.
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arnet
06-26 02:18 PM
Congrats to all those who got GC approved.
Guys, please post your priority date and EB category, I-485 date, service center when you post it. helps to predict. thanks.
Guys, please post your priority date and EB category, I-485 date, service center when you post it. helps to predict. thanks.
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BharatPremi
03-24 04:00 PM
www.ilw.com/seminars/september2007_citation1j.pdf
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immilaw
09-14 04:28 PM
You have 2 H1s, can you do that. Are you working full time on both H1b visas. Please eloborate on that.
Thanks!
Two H-1B's are possible if you can do two jobs. Most of the ppl file a concurrent H-1B for a part time job so you have one H-1B for full time job and the other for a part time job. The US CIS will approve a concurent H-1B for part time job for as little as 15 hours a week. Now if you want to file the second H-1B too for a full time job and have the physical ability to work for 80 hours a weeks then US CIS won't have any problems with that.
Thanks!
Two H-1B's are possible if you can do two jobs. Most of the ppl file a concurrent H-1B for a part time job so you have one H-1B for full time job and the other for a part time job. The US CIS will approve a concurent H-1B for part time job for as little as 15 hours a week. Now if you want to file the second H-1B too for a full time job and have the physical ability to work for 80 hours a weeks then US CIS won't have any problems with that.
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senthil1
03-11 04:23 PM
I think they might have thought that Grassley is like our Indian MPs and why should reply to him. They should have answered responsibly and tried to do some good faith efforts. Now it is paying time for their arrogance. Still Indian companies and Bodyshoppers are having time to change themselves. We need to wait and see whether they will change and forced to change.
"non answer" meant they didn't answer his questions but rather gave some vague reply of how h-1 was good for usa.
If I was on the receivng end of that response; I would have thought that these guys are playing with me and by not answering the quesitons; then they are obviously trying to hide something. Therefore, I will attack them in another way to make them conform to the behaviour I want.
"non answer" meant they didn't answer his questions but rather gave some vague reply of how h-1 was good for usa.
If I was on the receivng end of that response; I would have thought that these guys are playing with me and by not answering the quesitons; then they are obviously trying to hide something. Therefore, I will attack them in another way to make them conform to the behaviour I want.
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house Big Male African Lion
MerciesOfInjustices
02-21 07:28 AM
dear members,
dint had much time to go thro' your responses. but if senior ppl are targetting this fellow( mercies) for this thread, then i beg to differ. because as a member of IV, i have been answering "hadron" posts too at immigration portal.
I think all Mercies is trying to do is help IV out, by preparing answers of such questions which stupid ppl ask, so they can be put to a stop right away. Probably he's drawing your attention to some q's that all of you have answers for, just guide mercies to that post,
but i think all of your remarks have been directed towards merices only as if he's started it all.
i guess we outta stop ppl who are trying to defame this collective effort by giving them one-point answers.
have to get back to work.
P.S.: i dont want anyone to think im from numbersusa ;)
Exactly! I go by a different user name at Immigration Portal, and tried my best to counter hadron's posts. I only created this thread after I saw that no people in the know were countering this guy. I am a foot soldier, not an officer.
The post from rags4u is exactly what we needed. He and another IV guy is engaged in getting things under control, as I wanted.
I wonder if this person who did all this posting without reading what is posted on the site and wasted the valuable time of IV volunteers from an anti immigration group? Please do not get distracteed guys and all those people sitting ont he edge, join in and act!!
As for all of you guys who raise the scare of anti-immigrationists at the drop of the hat - go thru all of my posts, and you will find I cannot be from numbersusa. You can also check with IV's officers and they can get my name/address from my contribution check already deposited in IV's account!
Please try to counter propaganda wherever you can - that's how we will get more people to join! Efforts like mine do not waste time - they serve a purpose!
As it is, making most legal immigrants take part in this struggle, is like milking a male buffalo.
The most important part is indeed to 'milk the male buffalo', and one way is to engage them as much as possible. Believe me, I am trying my best at the other website - under a different user name (not hadron).
dint had much time to go thro' your responses. but if senior ppl are targetting this fellow( mercies) for this thread, then i beg to differ. because as a member of IV, i have been answering "hadron" posts too at immigration portal.
I think all Mercies is trying to do is help IV out, by preparing answers of such questions which stupid ppl ask, so they can be put to a stop right away. Probably he's drawing your attention to some q's that all of you have answers for, just guide mercies to that post,
but i think all of your remarks have been directed towards merices only as if he's started it all.
i guess we outta stop ppl who are trying to defame this collective effort by giving them one-point answers.
have to get back to work.
P.S.: i dont want anyone to think im from numbersusa ;)
Exactly! I go by a different user name at Immigration Portal, and tried my best to counter hadron's posts. I only created this thread after I saw that no people in the know were countering this guy. I am a foot soldier, not an officer.
The post from rags4u is exactly what we needed. He and another IV guy is engaged in getting things under control, as I wanted.
I wonder if this person who did all this posting without reading what is posted on the site and wasted the valuable time of IV volunteers from an anti immigration group? Please do not get distracteed guys and all those people sitting ont he edge, join in and act!!
As for all of you guys who raise the scare of anti-immigrationists at the drop of the hat - go thru all of my posts, and you will find I cannot be from numbersusa. You can also check with IV's officers and they can get my name/address from my contribution check already deposited in IV's account!
Please try to counter propaganda wherever you can - that's how we will get more people to join! Efforts like mine do not waste time - they serve a purpose!
As it is, making most legal immigrants take part in this struggle, is like milking a male buffalo.
The most important part is indeed to 'milk the male buffalo', and one way is to engage them as much as possible. Believe me, I am trying my best at the other website - under a different user name (not hadron).
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gc28262
01-26 06:32 PM
Maybe it has no legal validity. But still why to accept it. If they ask you to pay the fine/penalty, you will have to fight it before winning.
You can do one of these.
1. Ask them to remove the clause from the letter
2. Strike out the portion that mentions these and then sign it. Keep a copy of the signed document for yourself for future needs.
If this is just a "standard", they should not object to one of these. By the way such open ended terms are not common in offer letters. It definitely sounds fishy.
You can do one of these.
1. Ask them to remove the clause from the letter
2. Strike out the portion that mentions these and then sign it. Keep a copy of the signed document for yourself for future needs.
If this is just a "standard", they should not object to one of these. By the way such open ended terms are not common in offer letters. It definitely sounds fishy.
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gk_2000
08-02 03:23 PM
Funny you say that. I'm all for a honest debate and in fact mentioned cited this forum's intolerance for disagreement. We fail to realize that the EB quota is not a Indian only domain, that there are other non-Indian EB immigrants with their own viewpoints, and that unfortunately this narrow sightedness will stifle any unified efforts to fight this problem.
And I'm not beating isantem up. I was on the other hand trying to explain to him why the policy of country based quotas are naive for attracting top talent. Please read my post below.
I would have given you a green for actual substantive disagreement but seeing that you failed to comprehend what I clearly was saying, I'll give you a red. Looks like you care about them enough.
Wao, a catfight
Look inside you. Re-read what you wrote. It will become apparent how you personally attack people for saying things you don't want to hear. What's the use of arguing that the policies are "stupid" etc?
Yes, give me all the reds you want if that helps you vent your frustrations.
Your quote: "So please take your diversity argument with you and don't let the door hit you on your way out" says it all.
Objectivity.
And I'm not beating isantem up. I was on the other hand trying to explain to him why the policy of country based quotas are naive for attracting top talent. Please read my post below.
I would have given you a green for actual substantive disagreement but seeing that you failed to comprehend what I clearly was saying, I'll give you a red. Looks like you care about them enough.
Wao, a catfight
Look inside you. Re-read what you wrote. It will become apparent how you personally attack people for saying things you don't want to hear. What's the use of arguing that the policies are "stupid" etc?
Yes, give me all the reds you want if that helps you vent your frustrations.
Your quote: "So please take your diversity argument with you and don't let the door hit you on your way out" says it all.
Objectivity.
dresses Black-maned African Lion
hydboy77
12-01 12:40 PM
Thanks Pappu and IV for doing this. Maybe this should come with a big disclaimer that this is just a prediction and nobody can predict how USCIS\DOS behaves on a day to day basis, therfore dont put any weight or hopes on this projection, otherwise this will turn into the infamous prediction from VDLRAO who claimed Eb2 India will be current in a year. The year has gone by and Eb2 India is not even clearing Jan 05.
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makeup Feeding African Lion
manand24
08-10 10:57 AM
not in same boat as you and me buddy. They are in a boat ahead of you....
Good point.
Good point.
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breddy2000
05-30 03:14 PM
Done
hairstyles Big Male African Lion
logiclife
12-28 02:38 PM
Does this mean that you cannot have 6-9 years extension of H1B for the new employer and you must use the EAD after six years if you are changing jobs?
No, you can use H1. But if you go to new employer, of course you have to do an H1 transfer to new employer.
AC21 portability can be used with either forms of work authorization : H1 or EAD. The important thing is to do it after 180 days of 485 filing and to do it after 140 approval.
You can start working for new employer on EAD, or you can use AC21 (without using EAD) by applying for H1 transfer to new employer and working for new employer as soon as you get receipt notice of H1 transfer.
H1 status offers a backup plan in the sense that if your 485 is rejected for wrong reasons, you can appeal the case in office of administrative appeals and fight it out and stay here on h1 while you fight it out. Your H1 status you have at that time of 485 rejection and its validity is unaffected by 485 being rejected. But if you are on EAD, and if your 485 is rejected, then your EAD is invalid and you are out of status, you cannot switch back to H1 from EAD and continue fighting the rejection of 485 thru appeals. You have to go back.
H1 offers a backup plan but the disadvantages are that its more expensive to do for employers and so many employers will not prefer you. It costs between 1600 to 2400 for employers to file H1 transfer and bring you on board, plus lawyers fees needed for filing H1 transfer. EAD is easy, you dont need lawyer and your employer has nothing to worry or deal with. So you will have more options when using AC21 if you use EAD as your work authorization rather than H1. Besides, H1 extensions and transfers are a headache. EAD extensions are easier and they can be done by yourself without the need to get anything from employers and lawyers.
No, you can use H1. But if you go to new employer, of course you have to do an H1 transfer to new employer.
AC21 portability can be used with either forms of work authorization : H1 or EAD. The important thing is to do it after 180 days of 485 filing and to do it after 140 approval.
You can start working for new employer on EAD, or you can use AC21 (without using EAD) by applying for H1 transfer to new employer and working for new employer as soon as you get receipt notice of H1 transfer.
H1 status offers a backup plan in the sense that if your 485 is rejected for wrong reasons, you can appeal the case in office of administrative appeals and fight it out and stay here on h1 while you fight it out. Your H1 status you have at that time of 485 rejection and its validity is unaffected by 485 being rejected. But if you are on EAD, and if your 485 is rejected, then your EAD is invalid and you are out of status, you cannot switch back to H1 from EAD and continue fighting the rejection of 485 thru appeals. You have to go back.
H1 offers a backup plan but the disadvantages are that its more expensive to do for employers and so many employers will not prefer you. It costs between 1600 to 2400 for employers to file H1 transfer and bring you on board, plus lawyers fees needed for filing H1 transfer. EAD is easy, you dont need lawyer and your employer has nothing to worry or deal with. So you will have more options when using AC21 if you use EAD as your work authorization rather than H1. Besides, H1 extensions and transfers are a headache. EAD extensions are easier and they can be done by yourself without the need to get anything from employers and lawyers.
sameet
11-04 03:21 PM
Coming soon..Rated R, for SCARY IMAGES....will make EVERYONE cry!!
Playing on a computer screen near you!!!.....
'V-I-S-A B-U-L-L-E-T-I-N...DECEMBER 2009"
*Disclaimer: Can cause serious mental distress, suicidal thougths, depression, excessive alcohol consumption. Not recommended for EB-XI/C, EB-3 ROW.Country of birth restrictions apply.
Glad to see a good sense of humor :-)
Playing on a computer screen near you!!!.....
'V-I-S-A B-U-L-L-E-T-I-N...DECEMBER 2009"
*Disclaimer: Can cause serious mental distress, suicidal thougths, depression, excessive alcohol consumption. Not recommended for EB-XI/C, EB-3 ROW.Country of birth restrictions apply.
Glad to see a good sense of humor :-)
raysaikat
01-06 12:42 AM
reminds me of a popular hindi maxim:
"Shadi aisa laddoo hai jo khaye wo pacchataaye, jo na khaye wo bhi pacchataaye"
loosely translated in english it means
Marriage is a desert which if somebody eats it, he will repent and if somebody does not eat it, will repent too...
(thank god my 5th grade english teacher is no more in this world to see this day...he must be rolling in his grave seeing my poor english translation skills:D)
He would definitely be rolling in his grave by your spelling :D It is "dessert". Unless you are one of the mythical Egyptian gods like Anubis, you are not going to eat a "desert" :p
"Shadi aisa laddoo hai jo khaye wo pacchataaye, jo na khaye wo bhi pacchataaye"
loosely translated in english it means
Marriage is a desert which if somebody eats it, he will repent and if somebody does not eat it, will repent too...
(thank god my 5th grade english teacher is no more in this world to see this day...he must be rolling in his grave seeing my poor english translation skills:D)
He would definitely be rolling in his grave by your spelling :D It is "dessert". Unless you are one of the mythical Egyptian gods like Anubis, you are not going to eat a "desert" :p
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