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  • pitha
    12-29 11:37 PM
    Can you or somebody tell me the nature of RFE that was issued after invoking AC21. Was it related to semilar/same job category or ability to pay or educational qualification etc etc.



    Omm,
    n2b,
    I have seen many people in the forums getting RFE after invoking AC21. You know how USCIS works, right?? If they ever keep track of what they are doing and if they have a definite process in place, neither there will be any retrogression nor any of these forums. Be prepared for RFE if you are invoking AC21. Though you can survive that, imagine the period between receiving the RFE and responding to it. What if that happens in your 5th or 6th year of wait?? I pray that your wait is not that long.

    Thanks





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  • gcphul
    09-21 02:46 PM
    http://www.aila.org/content/default.aspx?docid=23290





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  • paskal
    08-31 06:44 PM
    hi

    i want to come and i am from franklin tennessee which is 30 miles from nashville tn is a bus ride from some where near to this place

    thanks

    currently it appears that the bus will be from atlanta
    please pm ramus and keep in touch with him for more info on that





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  • ronhira
    07-07 12:45 AM
    Over 60% of the US and 90% of Arizona supports the law they passed. Obama and his Attorney General are doing the wrong thing by interfering with state politics. How can these high ranking officials tell state law enforcement NOT TO enforce laws? The Supreme court will favor AZ even before the case starts. Slam Dunk.

    "In the United States, the majority undertakes to supply a multitude of ready-made opinions for the use of individuals, who are thus relieved from the necessity of forming opinions of their own."
    ~ Alexis de Tocqueville



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  • shana04
    02-12 06:32 PM
    USCIS TEXAS SERVICE CENTER
    RE: AC21 UNIT � CHANGE OF EMPLOYER
    4141 N. ST. AUGUSTINE RD.
    DALLAS, TX 75227

    RE: AC21 USAGE FOR CHANGE OF EMPLOYMENT (I-140
    APPROVED, I-485 PENDING MORE THAN 180 DAYS, SAME/SIMILAR JOB
    TITLE/DUTIES)
    Name: xxxxxxxxxxxxxxx
    A#:
    Labor Certification #:
    I-140 Receipt #:
    I-485 Receipt #:
    DOB:
    Spouse:
    A#:
    DOB:

    Dear Sir/Madam
    In regards to this request to utilize �The American
    Competitiveness in the Twenty-First Century Act of 2000 (AC21)� which allows for a change of employer on any approved I-140 and I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition.
    (Attached for your reference are relevant portions of AC21.)

    The memo lists two preconditions for eligibility to change jobs- I485 is pending
    UN adjudicated for 180 days or more and the new job is in the similar occupational classification as the job for which the certification was initially made in section 106(c).
    In the present case, my client has had an H-1B transfer filed for him, and is utilizing
    AC21 provisions for a new job with the same title and duties as the former. Please find attached a letter from the current employer regarding the job title, duties and salary. I therefore respectfully request that your office should adjudicate my client�s I-485 accordingly under AC21 provisions. Should you have any further questions, please do not hesitate to contact me.

    I have attached the following requisite documentation including:
    Attach all the copies (Receipts - I-129, I-140, I-485, I-765, I-131) that you have
    Employment offer letters, EAD copies, Labor Certification Approval copy (first page)
    All other documents that you can support for AC21

    Please do not hesitate to contact me should you require any additional documentation.
    Regards,
    Xxxxxxxxxxxx





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  • texanguy
    05-15 11:39 AM
    I think calling your university presidents and asking them to show their support for these bills would also be a very good idea.
    This bill will encourage pursuit of higher education in US by foreign students in a significant way.

    Right now for all bills that Zoe proposed there are max 19 co sponser for this last bill. DID you check for STRIVE ACT 2007 which had 78 co-sponsers still could not make it to floor.

    We need to call these lawmakers and educated them on these bills.

    Chances are less but our investment is not that big. Few minutes in a day to call or write.



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  • Leo07
    06-24 12:42 PM
    I think finding 'floor time' will be a major issue...compared to votes. GOP would have recognized by now what caused them to fail last time...





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  • ash0210
    03-21 05:40 PM
    sent PM to ALL Columbus, OH guys...Nat23, riazahamed, martinez43123, probe!! Hope, someone will definatly respond....If no one responds, I will meet alone along with my wife (possibly with kids, if they are not in school!)

    also, sent pm to Cleveland based IV member...godbole_sanjay to co-ordinate activities at Cleveland (6 members!)

    Waiting for their call...

    Thanks for doing that.

    State chapters are a great mechanism to communicate with other members in your state and district. Please use that if it works for you.

    However, if you cannot find someone to go with you, then go alone. Many of the meetings we do in Washington, sometimes we get appointments from 2 or 3 offices at the same time. In that case we split up and only one person goes to meet the lawmakers or staffers. But we cannot lose opportunities or miss opportunities.

    So go alone if there is no one else in your district to go with you.



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  • itstimenow
    07-27 06:38 PM
    Anyone know when they plan to post it?





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  • naveenkprasadam
    04-13 12:31 PM
    I am new to this community and have been watching some other forums online, but I am glad we have one dedicated for EB immigration. Way to go Immigration Voice!!!

    Now, before anyone jumps at me, I promise to contribute for IV's efforts and donate for the various projects in a couple days.


    The reason I am posting this is because I saw various threads with various ideas to gain visibility and make out cause known to all. I saw thready ranging from writing to senators to sending a 1 cent check everyday to sending a voided check for a big amount. Other notable ideas include sending flowers, calling senators, FOIA campaign, writing to the Obama administration, etc. While I agree that each of these actions contribute small drops to the ocean, I honestly think we should think BIG!!


    I have analyzed EB Immigration considerably and here are my thoughts -

    Anti-Immigrants, especially the ones against EB Immigration feel that we take away their jobs. However our defense against that is there's aren't that many skilled immigrants for certain skill set and hence we fill that void and keep corporate America competitive. However a lot of us argue that we who are waiting in line for our potential Green Cards pay our taxes and aide by the law, etc. All valid arguments. However, that doesn't make us any different than the majority of the 90% workforce that is employed. They all pay taxes too.

    I have seen other ideas being floated around where they said "Buy a house, get a green card." Now, two issues with this - How many of us potential immigrants have 250 grand to invest in a house? I don't and can perhaps pay 5-10% down payment on a house. But if I lose my job, then I will be forced to default too and that doesn't help the economy. Also, there are more than 10 million homes in foreclosure and even hypothetically, let's say we will buy a house on a mortgage at 10% down. There are, say 1 million immigrants in waiting including dependents. And we buy 500,000 homes. That is a small dent in the entire real estate economy. Won't make a significant difference. Secondly, the current mess we are in was caused by the "sub prime" mortgage loans. If you know what "sub prime" means, then you probably know the areas where these houses were purchased. Have you seen the neighborhoods or the areas where these houses are foreclosed? A majority of us won't even drive through there, leave alone buying houses there. So obviously, us buying homes is not going to solve this economic mess. If you still insist, then you perhaps need to take a class on economics 101.

    OK, say why am I saying all this? Well, for one, while its great that we put our brains to work to help solve the economic crisis, since a good economy has a knock on effect on immigration, but we can't come up with ordinary ideas. These are extraordinary times and we need extraordinary ideas. We need to think out of the box. I appreciate the efforts of IV with the FOIA drive, but here's my question with that - Besides knowing how long the wait is going to be to get our GC based on the information from USCIS, what other purpose is the FOIA going to solve? Probably not much. But I do agree that having those numbers helps us in identifying where we need to focus our lobbying efforts. If we know the bottleneck is EB2-EB3 spillover, we can work on that with USCIS.

    Someone mentioned in another thread where we all need to concentrate on one effort rather than be divided in multiple efforts. And I think it was suggested that we focus on visa numbers recapturing. I think its a great idea. However, please be aware that in the context of CIR, EB immigration is a small drop. And hence any lobbying to increase/recapture visa numbers need to be done with the FB immigration. EB and FB together can lobby for the recapture visa numbers project and might achieve considerable success.

    If we as EB immigrants need to make our voice known, we need to take a leaf out of the President's book, from his campaign. He started a grass roots level campaign and look at where that has led him to!! So here is my suggestion for a project that will highlight our cause and lead some of the anti- EB Immigration Aholes to shut up their various holes.

    I am assuming we have around 500K immigrants in waiting. Let's say there are 250K primary applicants. The goal is we try to get an email database of as many potential immigrants we can. Next we start an email campaign highlighting a story of an immigrant family or a news article against immigration or lobbying by anti immigrant groups or lack of visibility in ongoing discussions on CIR. At the bottom of each email, we have a donate button that takes the person to IV's donation page/paypal, whatever it might be. We start with a minimum of $50 and go upwards to $500. The goal is if we have atleast, say 100,000 potential immigrants to contribute a min of $50, then if my calculations are in order, that is about $5 Millions. We might have more depending on how many more people contribute and how much more than the min $50 that people contribute. But the baseline collection would be about $5 Million. OK, so what do we with that money? Well, the biggest skill set for us EB immigrants are our education. We have a minimum of a bachelors degree and have a penchant for being well educated. That is the weakness in the American education system - Education. We say thousands of high school dropouts. Thousands of college drop outs. The Obama administration has clearly said they need to invest in America's future. And hence they have a big ambitious spending on fixing the educational system. I know that as non permanent residents or citizens, we are not allowed to contribute to any politicians. However, we can donate money to the state or to a charity organization. What I suggest is we collect this money and send it to the first lady, Michelle Obama and have her send this to a non profit community project for education on our behalf. This will bring a lot of attention because we as EB immigrants are saying, we want to contribute to better the educational system if given a chance so that the future American generations don't become prey to the 21st century American competitiveness like outsourcing and H Visas and stuff.

    This might seem like a small drop in the ocean, but it is definitely a bright one!! And don't tell me it can't be done. It sure can be done. There was someone who already did this at the grassroots level, and his name is Barack Obama!!!

    I am willing to talk to the IV Core team to discuss if needed.

    Idea is too good.If we can make it work this is one of the best idea to get the attention of the administration.



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  • mammoy2k
    09-09 07:04 AM
    I140 should be approved or approvable at the time of filing. Yates memo is very clear on that- I-140 approval is not required in concurrent filing. Also there is no salary requirements on invoking AC 21. Again, please read Yates Memo.


    Requirements to change employer when GC is pending:
    - I-140 should be approved
    - More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
    - Approved EAD

    Significance of 180 days barrier
    If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.

    After 180 days, you cannot change jobs, you can only change employers
    When you invoke AC-21, you have o fulfill two conditions:
    1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
    2.) You salary should be almost the same as the wages mentioned in GC labor certification application

    This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.

    It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.

    USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.

    Hope this is useful.





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  • ramus
    06-27 08:39 AM
    If you really looking for long term solution then you should focus on action items that core members asking us to do...Have you done any of these?

    members will file 485 whenever they can and whenever they want to. I don't think even single person should buy this idea.

    Sorry not mean to hurt you but this is just bad idea.


    Most of us are concerned about short term goal of getting the application to uscis as quickly as possible , but think of the end result of whether your application be accepted if we rush, the uscis can come back and reject at any time from any date as it happened to Eb3-other workers. In any case there is a very good chance that your wife will kill u ;)



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  • SkilledWorker4GC
    07-08 04:40 PM
    He is considered among the future generation of leaders in america by the media. He is a front runner for vice president. He is the best political resource that could be used by IV. But he would not do anything as that would affect his image as a conservative republican. He doesnt understand the pain suffered by many who are not born here like him but are raised here (as white as he is), waiting for their GC as a dependent with the fear that if they turn 21 they will be deported seperating them from their families.

    why single out one guy, he is doing what is good for him. What do you expect if the even people registered on this site are not willing to do do something to help themselves. The attidude is i have EAD/AP i am free or I am EB1/2 its just a matter of time till i get the GC. Even the politicians are using us for their own agenda and to score political points.





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  • nkhari
    07-19 10:02 AM
    you can get medicals in 2 hours.

    Not sure if this is chicago/pittsburgh.

    your only option is to find out by calling all numbers in chicago and pittsburgs.

    People have flown in from various locations into chicago and got medicals in 2 hours.

    also, ask your wife to get the immunization record of mmr and tetanus.

    that will make your life easier.

    x-ray is mandatory.

    people, this is a fact.



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  • sanbaj
    08-01 10:39 AM
    Hi Sanbaj,

    You are very helpful and thanks once again for sharing your experiences and knowlege on interfiling.

    Regards
    GC_wait2002
    Thanks for your appreciation. Glad that I could help.





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  • H4_losing_hope
    02-21 12:38 PM
    I checked with some of my colleagues and friends. They all have sent the letters, but most of them have not participated in this poll at the start. So I wouldnt get discouraged by smaller number of votes in it.

    thanks for your efforts!



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  • wandmaker
    11-29 11:47 PM
    the EB visa numbers will not go waste any more once its implemented. :)





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  • tonyHK12
    11-10 09:28 AM
    Agree, also Immigration voice needs everyone to join in their cause and support them as Donors and in active volunteering.
    New GC applicants generally realize the only way to get relief is through legislative change that Immigration voice is working on.
    So rather than wasting time & energy guessing dates, its a good idea to spare 3 bucks a day from coffee for IV and actively campaign for new laws.

    BTW the prediction was 1-2 weeks of movement each month for all of 2011, and possibly zero movement sometimes. New Math formulas ,modelling, arent going to change it.

    Just look at how many Bills are coming in for Illegal immigration - that is due to active lobbying and generous support of their members.

    of course there are many who think wrongly - " Let me instead just have my Star-3-bucks, instead of giving my money to an organization campaigning for Immigration relief. I can fix everything myself"





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  • abracadabra102
    12-05 06:06 PM
    Does any body think of people who did not get a chance to file I-485 who had earlier priority date(2002-mar 2005) ?

    Nag, you mentioned in one of the posts that your wife has a PhD in CSE. Why can't she join a university as a Post doctoral fellow (PDF)? I do not know what type of work authorization is required for that, but my guess is she can easily get it. She gets paid and will have a chance to apply under EB1 category which is almost always current. You can file as dependent. No point whining about folks discussing their EAD/AP issues. Everyone knows BEC guys got a short shrift in this.





    maximus
    11-07 12:28 PM
    EB2I Mar 05
    EB3I Nov 01





    delhirocks
    07-14 10:08 PM
    IN RESPONSE to AKRED: My dads priority date is july 2005, so how does that give me amnesty...he applied under PERM!!! Btw if you do not support DREAM ACT than you shouldn't be on this forum...

    asindu...sorry to hear that man...can you post the link of this act or an analysis of it. I bet a lot of people will support it if they see a credible evidence that it will help the legal immigrant community. There seems to be a widespread belief that this focuses on the illegal community.

    There is a lot of bad rap that we the legal immigrants have to face because of the rampant illegal immigrant problem, most of the folks here gets peeved off if an act has a bias towards that.



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