sanju
09-09 08:59 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.
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.
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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gcseeker2002
01-13 05:04 PM
Hey gcseeker2002, after 300+ postings also how can you post such a thing.
This is new rule implemented and by thinking you as senior if someone goes and faces problem will you be responsible. So please don't do this boss.
To All Who believe no need to have valid VISA while going back to India or their country.
This is email got from German Consulate at Washington DC to my collegue.
German Cosulate Rep at DC: You wrote that your visa for the United States already expired in September 2010. Therefore you do not fall under Exception Nr. 2. This exception is meant for persons travelling to the US holding a valid US-visa (e.g. a visitors visa with one entry) on their way travelling to the US (Exception 1) and travelling back to their home country during the validity dates of this same visa, but already having used it for entering the US (Exception2) . I hope this clarifies your additional question. I suggest that you apply for an Airport Transit Visa as soon as possible to avoid any problems when travelling back to India via Frankfurt airport.
vishwak, dont consider my seniority by number of posts. As is I am going through so much injustice in life, having spent 12 years in this country and still waiting for GC bcos of this stupid EB3 mess, and now the germans decide to harrass me by asking for transit visa ? Not that I dont want to follow rules, but after spending 12 years waiting for GC, I am glad that I broke atleast one rule, of travelling through frankfurt to and from india without the damned transit visa. Of course I was travelling alone, and my family was not travelling , and hence I could risk it out. This does in no way prevent anybody in this forum or the world from not getting transit visa and continue to be opressed by the germans. Folks, I have just told my experience, rest is upto you if you want to get the transit visa .
This is new rule implemented and by thinking you as senior if someone goes and faces problem will you be responsible. So please don't do this boss.
To All Who believe no need to have valid VISA while going back to India or their country.
This is email got from German Consulate at Washington DC to my collegue.
German Cosulate Rep at DC: You wrote that your visa for the United States already expired in September 2010. Therefore you do not fall under Exception Nr. 2. This exception is meant for persons travelling to the US holding a valid US-visa (e.g. a visitors visa with one entry) on their way travelling to the US (Exception 1) and travelling back to their home country during the validity dates of this same visa, but already having used it for entering the US (Exception2) . I hope this clarifies your additional question. I suggest that you apply for an Airport Transit Visa as soon as possible to avoid any problems when travelling back to India via Frankfurt airport.
vishwak, dont consider my seniority by number of posts. As is I am going through so much injustice in life, having spent 12 years in this country and still waiting for GC bcos of this stupid EB3 mess, and now the germans decide to harrass me by asking for transit visa ? Not that I dont want to follow rules, but after spending 12 years waiting for GC, I am glad that I broke atleast one rule, of travelling through frankfurt to and from india without the damned transit visa. Of course I was travelling alone, and my family was not travelling , and hence I could risk it out. This does in no way prevent anybody in this forum or the world from not getting transit visa and continue to be opressed by the germans. Folks, I have just told my experience, rest is upto you if you want to get the transit visa .
gianik
05-25 10:37 AM
Jaime - thanks for your post. I am looking for as much info as I can get. I hear all kinds of thing about Canada ranging from very positive to very depressing.
Could you please clarify what you mean by "it took just over a week". For most of my friends that applied while in US it took about 7-9 month to recieve the appraval to enter. For one guy it took 5 month. By this I mean the time betweent when they sent the application and received final approval.
One more thing. Tere is so much talk about "low" wages, and I presume people are comparing in absolute terms with US wages. Are wages really low in relative terms to the cost of living or can you live decently and also be able to afford some travel and leisure?
Thanks
Could you please clarify what you mean by "it took just over a week". For most of my friends that applied while in US it took about 7-9 month to recieve the appraval to enter. For one guy it took 5 month. By this I mean the time betweent when they sent the application and received final approval.
One more thing. Tere is so much talk about "low" wages, and I presume people are comparing in absolute terms with US wages. Are wages really low in relative terms to the cost of living or can you live decently and also be able to afford some travel and leisure?
Thanks
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hebbar77
05-18 06:17 PM
In india we created so many types of quotas, some of us cant even live there expecting fairness.
Now here? ....! Jees!
I want a quota so that I get my GC tomorrow, though I have no valid reason.
Now here? ....! Jees!
I want a quota so that I get my GC tomorrow, though I have no valid reason.
more...
illinois_alum
08-12 06:08 PM
Another similar Question:
do we need carry the supporting documentation(Birth/Marrriage certificate, old H1Bs, etc) certifacte while travelling with GC? Please share your experience.
I know that other than the GC and the passport...you don't need any other document. I guess your question can be interpreted as ...would those other documents help if you somehow lose your GC while traveling outside?
do we need carry the supporting documentation(Birth/Marrriage certificate, old H1Bs, etc) certifacte while travelling with GC? Please share your experience.
I know that other than the GC and the passport...you don't need any other document. I guess your question can be interpreted as ...would those other documents help if you somehow lose your GC while traveling outside?
illusions
04-03 10:18 AM
Thanks for contacting IV with your SOS.
An IV core member is going to be helping you to fix this with USCIS. Let us know if you need help. He already tried contacting you yesterday.
As IV grows maybe this is a help IV can extend to all its donor members and help them if they get in such extreme distress situations. This is one of the ideas we are thinking for our members in the donor group.
It's great to know that IV extends it's hand to help it's members when in need. More reason to contribute. I know i will again this month. Thanks IV Core.
According to what radhay said it looks like your case can be overturned based on the mistake lying on the lawyers part.
An IV core member is going to be helping you to fix this with USCIS. Let us know if you need help. He already tried contacting you yesterday.
As IV grows maybe this is a help IV can extend to all its donor members and help them if they get in such extreme distress situations. This is one of the ideas we are thinking for our members in the donor group.
It's great to know that IV extends it's hand to help it's members when in need. More reason to contribute. I know i will again this month. Thanks IV Core.
According to what radhay said it looks like your case can be overturned based on the mistake lying on the lawyers part.
more...
GCaspirations
09-19 12:18 PM
My 485 application was received by USCIS at Nebraska Center on July 06, 2007 per the tracking receipt. My attorney received the receipts intrestingly from California service Center with receipt date July 06, 2007. I received a transfer notice from California Service Center dated Sept 12, 2007, with receipt date as Sept 04, 2007. Also the check was cashed on Sept 06, 2007.
Should I worry about the receipt date on the transfer notice?
Would this delay my processing of 485?
Please advice.
Should I worry about the receipt date on the transfer notice?
Would this delay my processing of 485?
Please advice.
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mbartosik
02-25 10:52 PM
my new total 105 ish
maybe a few more this week.
If anyone wants about 50 hand addressed envelops to President then PM me.
maybe a few more this week.
If anyone wants about 50 hand addressed envelops to President then PM me.
more...
hindu_king
08-13 04:11 PM
Just wanted to see how many duplicate application USCIS will get this week.
- My lawyer wants to refile (with no addional lawyer fees). Does it make any sense to re-file?
- Is there a vote somewhere that shows how many july 2 files received receipt notices?
- My lawyer wants to refile (with no addional lawyer fees). Does it make any sense to re-file?
- Is there a vote somewhere that shows how many july 2 files received receipt notices?
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felix31
01-31 03:48 PM
unfortunately most of us in this forum aren't eligible for visa lottery, just one thing which is really free. How sad. :mad:
Dont be sad.
Both me and hubby play every year for 5 years and have never gotten anything. I guess they dont have a need for people from mixed IT/ED fields.
Dont be sad.
Both me and hubby play every year for 5 years and have never gotten anything. I guess they dont have a need for people from mixed IT/ED fields.
more...
saimrathi
09-21 01:20 PM
No offense to anyone.. but that was funny...
I followed up on your GC status from Mr. Gonzales. He assured me that your GC has been sent via Speed Post: it should arrive within the next 4-6 business days. If it doesn't, please don't hesitate to call the toll free #: 1-800-NO-GC-4-ANA
I followed up on your GC status from Mr. Gonzales. He assured me that your GC has been sent via Speed Post: it should arrive within the next 4-6 business days. If it doesn't, please don't hesitate to call the toll free #: 1-800-NO-GC-4-ANA
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go_guy123
06-24 04:55 PM
I understand that Immigration bill is not an easy one to pass. If it is being introduced again, hopefully they are not going to have the exact same wordings. I am sure they would have learnt something from the previous failures and come to some agreeable compromise.
So i think it is good to have some hope and work towards making it happen. Lets not worry about failure. We have nothing much to lose.
In the 2006 CIR was passed by Senate and it failed in Congress.
The strategy was adding poison pill. They deliberately added so many poison pill that
even EB folks were opposing the bill.
So i think it is good to have some hope and work towards making it happen. Lets not worry about failure. We have nothing much to lose.
In the 2006 CIR was passed by Senate and it failed in Congress.
The strategy was adding poison pill. They deliberately added so many poison pill that
even EB folks were opposing the bill.
more...
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kshitijnt
05-02 01:10 AM
Here are details of my interview:
VO: what do you do?
I: Software engineer.
VO: How many employees in your company?
I: 20-25
VO: I see your english is not good. How will you be able to do your job?
I: You are the first person to tell me in last 4 years that I cant do my job due to poor english.
[At this point I was ticked off]
VO: How long did you work for last employer?
I: 18 months
VO: How many employees in previous company?
I: 150
VO: How many Indians?
I: I dont know. Ask the employer.
VO: Is this company owned by Indians?
I: I dont ask my boss his citizenship status.
VO: Have you worked with them before?
I: Yes, I am here just to revalidate my visa.
VO: Why you are working for a small company?
I: My preference.
VO: How much salary do you earn?
I: XYZ USD per annum.
VO: Thank you very much sir, your visa is approved.
Didnt bother to thank her, just turned my back and walked away. Visa came by mail.
VO: what do you do?
I: Software engineer.
VO: How many employees in your company?
I: 20-25
VO: I see your english is not good. How will you be able to do your job?
I: You are the first person to tell me in last 4 years that I cant do my job due to poor english.
[At this point I was ticked off]
VO: How long did you work for last employer?
I: 18 months
VO: How many employees in previous company?
I: 150
VO: How many Indians?
I: I dont know. Ask the employer.
VO: Is this company owned by Indians?
I: I dont ask my boss his citizenship status.
VO: Have you worked with them before?
I: Yes, I am here just to revalidate my visa.
VO: Why you are working for a small company?
I: My preference.
VO: How much salary do you earn?
I: XYZ USD per annum.
VO: Thank you very much sir, your visa is approved.
Didnt bother to thank her, just turned my back and walked away. Visa came by mail.
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mrane1
09-26 03:01 AM
I received an RFE from NSE on Sep 2nd week asking me to prove that I have 5 years of experience after completion of degree.
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
Wow your situation is indeed unfortunate! Its really your lawyers fault... he should have checked this and filed EB3 to begin with... or atleast given you an idea that something of this sort might happen at 140 stage, if you insisted on eb2... What was suggested by your friends seems to be the only logical step... and its highly unlikely that USCIS will budge from their stance... maybe other people might have better idea...
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
Wow your situation is indeed unfortunate! Its really your lawyers fault... he should have checked this and filed EB3 to begin with... or atleast given you an idea that something of this sort might happen at 140 stage, if you insisted on eb2... What was suggested by your friends seems to be the only logical step... and its highly unlikely that USCIS will budge from their stance... maybe other people might have better idea...
more...
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apt29
08-12 04:52 PM
A little unrelated question but couldn't find the the right thread to post it...
What do you do if while traveling abroad, your GC is lost/stolen? Would the CBP officer at the airport allow you back in on the basis of a photocopy?
Another similar Question:
do we need carry the supporting documentation(Birth/Marrriage certificate, old H1Bs, etc) certifacte while travelling with GC? Please share your experience.
What do you do if while traveling abroad, your GC is lost/stolen? Would the CBP officer at the airport allow you back in on the basis of a photocopy?
Another similar Question:
do we need carry the supporting documentation(Birth/Marrriage certificate, old H1Bs, etc) certifacte while travelling with GC? Please share your experience.
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anilsal
10-12 12:56 AM
My labor was filed on July 2004 and I have not received an approval yet.
I got an RFE last week stating that Employeer has to again prove the RIR status of the application.
So Lawyer has started the advertisement process again.
Every step in the GC process is traumatic. One step gives less trauma than the other. But there is no way anyone has got a GC without agony (unless you had an easy way out).
I got an RFE last week stating that Employeer has to again prove the RIR status of the application.
So Lawyer has started the advertisement process again.
Every step in the GC process is traumatic. One step gives less trauma than the other. But there is no way anyone has got a GC without agony (unless you had an easy way out).
more...
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walking_dude
11-21 03:15 PM
You have some very valid points about community (non)participation in your post.
I understand your point about having another rally. Make no mistake - IV core has no problems with planning and conducting another rally. So it's not a big issue to get them to agree. I can push IV core, and get another rally. Bigger issue is how many are going to turn up? If it's just 100-200 of us same-old folks, there is no point.
Last year when we were bouyed by the success of July VB reversal, it was estimated that at least 10,000 would turn up. But, only 2000 did. I don't know how many will, if we hold another few months from now?
IV can sponsor more ACTION (items). But what's point, if there is not enough participation? First step is the community needs to step up and make existing action items such as FOIA requests for backlog numbers, AC21 action items successful. This will motivate IV to launch more action items. No organization would want to be seen running too many campaigns with liitle or no community participation.
We need the IV core team and the administrator to guide some big rally's. Guys nothing will happen until we are bold about our intentions.
I noticed everyone comes up with their different ideas, but no one works to implement it. We need to stand together and do something big, when was the last time we had a big rally?
And how many people actually showed up? Desi's wants everything fast and free, the problem is lately IV thinks too much and has less of ACTION
I understand your point about having another rally. Make no mistake - IV core has no problems with planning and conducting another rally. So it's not a big issue to get them to agree. I can push IV core, and get another rally. Bigger issue is how many are going to turn up? If it's just 100-200 of us same-old folks, there is no point.
Last year when we were bouyed by the success of July VB reversal, it was estimated that at least 10,000 would turn up. But, only 2000 did. I don't know how many will, if we hold another few months from now?
IV can sponsor more ACTION (items). But what's point, if there is not enough participation? First step is the community needs to step up and make existing action items such as FOIA requests for backlog numbers, AC21 action items successful. This will motivate IV to launch more action items. No organization would want to be seen running too many campaigns with liitle or no community participation.
We need the IV core team and the administrator to guide some big rally's. Guys nothing will happen until we are bold about our intentions.
I noticed everyone comes up with their different ideas, but no one works to implement it. We need to stand together and do something big, when was the last time we had a big rally?
And how many people actually showed up? Desi's wants everything fast and free, the problem is lately IV thinks too much and has less of ACTION
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raydon
07-08 08:52 AM
I support this campaign too. Setting up a consular appointment and the anxiety that goes with not knowing whether the visa is granted despite having an approval is a stressful experience.
So, should we be drafting letters to send to Hillary Clinton (Secy of State) ?
So, should we be drafting letters to send to Hillary Clinton (Secy of State) ?
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pooja_34
12-20 01:01 PM
Good to hear that NY consulate is responsive. Houston and SF never answer the phone !!!
I am very happy with the customer services of New York Indian Consulate. All our passport renewals (4 during last 3 years) happened in a timely fashion and that too thru post without any personal visit. Whenever I e-mailed them with a question, I received answers promptly. I called them to know about status and received precise replies.
I am very happy with the customer services of New York Indian Consulate. All our passport renewals (4 during last 3 years) happened in a timely fashion and that too thru post without any personal visit. Whenever I e-mailed them with a question, I received answers promptly. I called them to know about status and received precise replies.
irock
08-05 09:46 PM
PD : Aug 2004, EB2, NSC
I-140 Approval Date :Jun 2007
I-485 Received Date : 07/26/2007
Name Check: Don't know. I've infopass on this Friday.
Gave Finger Prints.
I-140 Approval Date :Jun 2007
I-485 Received Date : 07/26/2007
Name Check: Don't know. I've infopass on this Friday.
Gave Finger Prints.
x1050us
07-19 10:18 AM
If you talk to your medical office in advance to see that if they can give report in one day then it could be possible. Also you may consider your wife to get all vaccination in advance from the place where she is staying currently. Can't she prepone her trip by 1-2 days?
No she cant becuase her visa appointment is on Aug 13.
No she cant becuase her visa appointment is on Aug 13.
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