jungalee43
02-13 07:03 PM
I have also observed all my H1Bs that expired 4 years and two years ago, have got soft LUDs after I used AC21.
In fact the status on my I-485 case stopped changing even when they issued RFE and FP notice. I straightaway received these notices. The status on my case has not changed for last six months, my FP happened 3 months ago. So now I get scared even if there is just LUD on any of my cases as I am not sure what is this about.
Overall AC21 has been a very tense experience for me. Please do not go that way if your original employer is a real bad guy. In my case the original employer was as bad as one could be, the laywer that new employer hired is as insensitive, arrogant and crack-pot as one could be and new employer absolutely careless.
Full one and half year has passed since I changed employer, six months since I submitted my evidence, almost four months since my second FP and I still don't know what is going to happen.
So my advise to all of you, think ten times before embarking on this risky or rather tension packed journey. There is no thrill in it.
In fact the status on my I-485 case stopped changing even when they issued RFE and FP notice. I straightaway received these notices. The status on my case has not changed for last six months, my FP happened 3 months ago. So now I get scared even if there is just LUD on any of my cases as I am not sure what is this about.
Overall AC21 has been a very tense experience for me. Please do not go that way if your original employer is a real bad guy. In my case the original employer was as bad as one could be, the laywer that new employer hired is as insensitive, arrogant and crack-pot as one could be and new employer absolutely careless.
Full one and half year has passed since I changed employer, six months since I submitted my evidence, almost four months since my second FP and I still don't know what is going to happen.
So my advise to all of you, think ten times before embarking on this risky or rather tension packed journey. There is no thrill in it.
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drona
08-28 04:40 PM
Glad to have you on board! Please spread the word. Let's all make an extra effort for this rally.
kaisersose
08-24 10:45 AM
Ok..., but can you tell me how they are approving cses for PD EB3'2003 or Any EB3 cases daily, when EB3 is 'U', do you have answer for this.
Since ther is plenty of approval going on everyday.
They are not following any PD for the last 3-months approval, I don't believe any rule they have.Now they are already under pressure , and the pressure started already.They have to clean up.I don't think they will wait untill next year June, since Election is on Sept'2008.
-satish
----------------------------------------------
EB2/PD-Sept'2004/I-140 Approved.
I-485 - Sent July5th.
RD - ?
AD -?
Edit/Delete Message
These approvals happened weeks ago when PDs were current. These cases were already processed and were only awaiting visa numbers. Assigning visa numbers is a trivial task.
The harder task of updating records and generating paper work takes time and that is why you see approvals coming out daily. USCIS cannot even generate receipts in a timely manner - why would they be any quicker on paperwork for GC approvals?
Since ther is plenty of approval going on everyday.
They are not following any PD for the last 3-months approval, I don't believe any rule they have.Now they are already under pressure , and the pressure started already.They have to clean up.I don't think they will wait untill next year June, since Election is on Sept'2008.
-satish
----------------------------------------------
EB2/PD-Sept'2004/I-140 Approved.
I-485 - Sent July5th.
RD - ?
AD -?
Edit/Delete Message
These approvals happened weeks ago when PDs were current. These cases were already processed and were only awaiting visa numbers. Assigning visa numbers is a trivial task.
The harder task of updating records and generating paper work takes time and that is why you see approvals coming out daily. USCIS cannot even generate receipts in a timely manner - why would they be any quicker on paperwork for GC approvals?
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MahaBharatGC
12-02 10:24 AM
Santa,
Thanks for your response.
Education evaluation was not done for bachelors because the Labor only required masters. My attorney is planning to use 2 years of my experience to compensate for the additional 1 year of bachelors degree
H1Girl,
Thanks for your response.
Even my attorney says the argument of USCIS could be "building blocks" argument i.e. In US, for masters, 4 year bachelors is required. But, I only have a 3 year bachelor degree.
My suggestion to you is to get your Bachelors also evaluated. Whether it requires for job or not but you need to demonstrate at least 16 years of education. So, you need to get evaluated how each degree you possess equivalent to US qualifications.
Thanks for your response.
Education evaluation was not done for bachelors because the Labor only required masters. My attorney is planning to use 2 years of my experience to compensate for the additional 1 year of bachelors degree
H1Girl,
Thanks for your response.
Even my attorney says the argument of USCIS could be "building blocks" argument i.e. In US, for masters, 4 year bachelors is required. But, I only have a 3 year bachelor degree.
My suggestion to you is to get your Bachelors also evaluated. Whether it requires for job or not but you need to demonstrate at least 16 years of education. So, you need to get evaluated how each degree you possess equivalent to US qualifications.
more...
ujjvalkoul
07-27 02:55 PM
I understand...those that are calling USCIS have no other way of finding out if their receipts were issued, their Lawyer / EMployers may not even let them know...
So they call to see if USCIS may be able to lookup their case by Last name or something......
So they call to see if USCIS may be able to lookup their case by Last name or something......
casinoroyale
06-19 12:05 PM
In other discussions it is mentioned that if I-485 is pending & you are applying for renewal you don't need this letter.
BTW, i just read this in the I-131 instructions, so if i hold a valid AP now and apply for renewal and go to India and enter back using the existing AP, does it mean my pending I-131 renewal will be abondoned? :confused:
http://www.uscis.gov/files/form/I-131instr.pdf (page 4)
If you travel before the advance parole document is issued, your application will be deemed abandoned if:
A) You depart from the United States; or
B) The person seeking advance parole attempts to enter the United States before a decision is made on the application.
BTW, i just read this in the I-131 instructions, so if i hold a valid AP now and apply for renewal and go to India and enter back using the existing AP, does it mean my pending I-131 renewal will be abondoned? :confused:
http://www.uscis.gov/files/form/I-131instr.pdf (page 4)
If you travel before the advance parole document is issued, your application will be deemed abandoned if:
A) You depart from the United States; or
B) The person seeking advance parole attempts to enter the United States before a decision is made on the application.
more...
nag2007
02-08 04:06 PM
I dont see any light at the tunnel. PDs will not move until they allow 485 filing even PD is not current.
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zram1977
03-18 09:35 AM
Can some one provide statistics of letter received by IV
Core team's 2 lines of update abt letter campaign is appreciated.!!!
Core team's 2 lines of update abt letter campaign is appreciated.!!!
more...
chanduv23
08-12 11:27 AM
Any comments?
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sanju
07-26 12:17 PM
I know before you start blaming me for this thread, as it is of no use, I would like to point out that most of you must be experiencing the same thing. I didn't care much for Visa bulletin until it became current for EB2 two weeks back. As the time progress, I am doing all sorts of things, like checking USCIS case status, and checking everything that can possibly give me some information. I know that it is waste of time, I know it is not good for health, I know that I will get GC when time comes, but still, my mind is tricking me to think about it. I checked all these forums until 2A.M last night. I am not having enough sleep. I am waiting for a opportunity to get rid of my desi employer. I am really getting frustrated (I am not saying that I have been waiting for GC approval desperately). I just want to share my frustration and what I have been going through. I know I am in a better position than most of other people whose priority date is not even current. I wish they never dangled a carrot in front of me. I am not sure if they disappoint me next month, but I am still keeping my hopes. Hopefully, I would get over this and have enough sleep from today.
Totally understand your situation. Good that you let out and share your frustration. Sometimes it is therapeutic just to let it out and then go back to normal sleep cycles. As Dalai Lama (with no offense to our Chinese friends on the forum) recently said - Proper Sleep and drinking proper amount of water daily is fundamental aspect for living long and healthy life. Thanks to alergro for pointing out that there is more to cherish and be happy for, and that applies to all of us. Although this issue does affect our lives and every few days we get out of our normal daily routine and think more about future plans, then all of a sudden we see GC roadblock stopping our every plan/progress, and we tend to become extra worried about it, go out searching for all the knowledge available to answer our questions, and in the process become worried and spend a few sleepless nights. It seems that this may be happening in your situation too, just a guess. If the answer is yes, then you have come to the right place and there are many more in the similar situation here. They may not admit this, they may be rude or nasty to you taking offense from the words you chose to post/reply on this forum, or sometimes you take an offense from what they have to say to you, but we are all in the same boat under similar circumstances. If nothing else, atleast that's the consolation you can take from this thread.
Totally understand your situation. Good that you let out and share your frustration. Sometimes it is therapeutic just to let it out and then go back to normal sleep cycles. As Dalai Lama (with no offense to our Chinese friends on the forum) recently said - Proper Sleep and drinking proper amount of water daily is fundamental aspect for living long and healthy life. Thanks to alergro for pointing out that there is more to cherish and be happy for, and that applies to all of us. Although this issue does affect our lives and every few days we get out of our normal daily routine and think more about future plans, then all of a sudden we see GC roadblock stopping our every plan/progress, and we tend to become extra worried about it, go out searching for all the knowledge available to answer our questions, and in the process become worried and spend a few sleepless nights. It seems that this may be happening in your situation too, just a guess. If the answer is yes, then you have come to the right place and there are many more in the similar situation here. They may not admit this, they may be rude or nasty to you taking offense from the words you chose to post/reply on this forum, or sometimes you take an offense from what they have to say to you, but we are all in the same boat under similar circumstances. If nothing else, atleast that's the consolation you can take from this thread.
more...
prioritydate
08-17 07:34 PM
^^^^
Delax, my friend, you are safe on the other edge of the shore. We don't know when we get our approvals.
Delax, my friend, you are safe on the other edge of the shore. We don't know when we get our approvals.
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nageshwarraoj
04-13 01:50 PM
Visa Bulletin is already there for May 07 and no changes and you are correct cut and paste except for Phillipines I think.
Nag
Nag
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software7
04-09 02:05 PM
I got my I-140 Approved in 2007 and I-485 applied in July Fiasco. working for same employer who filed labor in PERM. Recently got letter from DHS stating that I485 denied as it was filed when dates are not current.
In july 2007, USCISreleased memo stating that they will accept all applications till August 17' 2007. Mine was reached on Aug 14'2007 well before deadline. Got I485 reciept in october 2007.
There are 2 dates on receipt. 1. Received Date (Aug 14) 2. Receipt Date (Oct 12 ' 2007).
They sent Denial letter to Attorney stating that I485 application was filed when dates are not current
Took Infopass and went to filed office where I was told that this is USCIS Service error, file MTR with out Filing Fee.
Filed MTR thru Attorney.. Filing Fee is not enclosed as it is USCIS service error.
(This was done as officer at USCIS told that Fee need not be included as it is service error, attorney also agreed with this statement).
Till date I did not get any communcication from USCIS. 2 months have been passed.
Please advice me on this issue
In july 2007, USCISreleased memo stating that they will accept all applications till August 17' 2007. Mine was reached on Aug 14'2007 well before deadline. Got I485 reciept in october 2007.
There are 2 dates on receipt. 1. Received Date (Aug 14) 2. Receipt Date (Oct 12 ' 2007).
They sent Denial letter to Attorney stating that I485 application was filed when dates are not current
Took Infopass and went to filed office where I was told that this is USCIS Service error, file MTR with out Filing Fee.
Filed MTR thru Attorney.. Filing Fee is not enclosed as it is USCIS service error.
(This was done as officer at USCIS told that Fee need not be included as it is service error, attorney also agreed with this statement).
Till date I did not get any communcication from USCIS. 2 months have been passed.
Please advice me on this issue
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burnt
05-31 10:35 AM
Done - For me and my spouse
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mariner5555
11-21 04:50 AM
I also work in a IT consulting position but still decided to go ahead and buy a home in St Louis back in September 2007. My 485/EAD/AP was filed in August 2007 and EAD approved a few weeks back. However despite my current situation, I believe buying a home was a wise decision considering the kind of lifestyle and security it provides for you and your family. I know a lot of my friends who decided to take the plunge and bought houses though they were working on H1 and have their GCs pending for a few years.
Taking a plunge now on EAD is like drowning yourself. prices have not yet come down and will come down by 15-20 % over 5 years. there is talk about recession , job losses and more foreclosures. if you dont need the space ...DONT BUY. most of us dont need more space unless we have 2-3 grown kids who need their own rooms. renting is not same as throwing away money as you get a place to live. how does buying a home give you security ..it is more of a hassle if you are on EAD or H-1 and you need mobility after a job is lost. my friend who has good worldly experience rightly said ..buying a house now is like worrying about one more thing in life.
Taking a plunge now on EAD is like drowning yourself. prices have not yet come down and will come down by 15-20 % over 5 years. there is talk about recession , job losses and more foreclosures. if you dont need the space ...DONT BUY. most of us dont need more space unless we have 2-3 grown kids who need their own rooms. renting is not same as throwing away money as you get a place to live. how does buying a home give you security ..it is more of a hassle if you are on EAD or H-1 and you need mobility after a job is lost. my friend who has good worldly experience rightly said ..buying a house now is like worrying about one more thing in life.
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CWYGC
04-01 10:47 PM
Sent both fax
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longq
12-29 10:56 AM
I tend to agree with your interpretation that "NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE" refers to those beyond 140K. The language of law is always beautiful, isn't it?:)
Anyhow, I still think it merits a deeper investigation and consultation with attorneys.
No one analysed the statue of the language used in 202 5 a.
If the total number of visas available under paragraph (1), (2), (3), (4), or (5).
The key is OR. If the the intension of the language is total demand is less than 140,000, then it would have been "If the total number of visas available under paragraph (1), (2), (3), (4), and (5)"
The language used in the 202 5 a, explicitly defines each preference catagory seperatly. Also it says "the visas made available under that paragraph shall be issued".
For example the unused visas by EB1, let us assume 10,000.
The visas avaliable in EB2 is 40,000 as per 203 b 2.
Therfore the total visas in EB2 is 50,000.
If the total demand is less than 50,000 in EB2 (India+Cina+ROW), the 7% quota is not applicaple.
This is the very direct, simple interpretation of 202 5 A.
Therefore one cannot (EB3-ROW) interpret, for their convenience. Thats why I suggest the IV to discuss with experinced attorney and make a enquiry with law makers or DOS, if required. Otherwise (if it is wrong it is a big blow to India and China). We will get only 2800 per year.
Anyhow, I still think it merits a deeper investigation and consultation with attorneys.
No one analysed the statue of the language used in 202 5 a.
If the total number of visas available under paragraph (1), (2), (3), (4), or (5).
The key is OR. If the the intension of the language is total demand is less than 140,000, then it would have been "If the total number of visas available under paragraph (1), (2), (3), (4), and (5)"
The language used in the 202 5 a, explicitly defines each preference catagory seperatly. Also it says "the visas made available under that paragraph shall be issued".
For example the unused visas by EB1, let us assume 10,000.
The visas avaliable in EB2 is 40,000 as per 203 b 2.
Therfore the total visas in EB2 is 50,000.
If the total demand is less than 50,000 in EB2 (India+Cina+ROW), the 7% quota is not applicaple.
This is the very direct, simple interpretation of 202 5 A.
Therefore one cannot (EB3-ROW) interpret, for their convenience. Thats why I suggest the IV to discuss with experinced attorney and make a enquiry with law makers or DOS, if required. Otherwise (if it is wrong it is a big blow to India and China). We will get only 2800 per year.
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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
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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tanu_75
07-29 03:04 PM
Probably you are right. But the issue is not the country limit!!!!!!!!
Take example EB3, how you think will look like EB3 on the next visa bulletin without country limits. EB-3 probably will be June 2002.:eek:
Guys we see a very unhealthy trend here where any disagreement is not tolerated. This forum is for legal skilled immigrants and we sometimes show how unskilled we are when it comes to tolerance of opinion here.
isantem, while I understand the diversity argument, when it comes to skilled immigration it doesn't really help. The data itself shows that the overwhelming number of skilled immigrants come from India/China. If the objective is to let the most skilled immigrants in, then the US should forget about diversity. Unfortunately in terms of volume and talent combined, India and China handily beat the rest of the world. Even if EB3 goes to 2002 so be it, but at least you are treating all skilled immigrants on a level playing field rather than discriminating them based on where they were born. If the US continues to do this, there is a serious danger (and this has been documented) that skilled folks in India/China will no longer find the US attractive. Its already happening with the economy booming in India. In fact, we'll probably see you or your kids standing in line for an Indian or Chinese green card in a few years (and I doubt India or China will focus on diversity when it comes to attracting the most skilled talent).
Take example EB3, how you think will look like EB3 on the next visa bulletin without country limits. EB-3 probably will be June 2002.:eek:
Guys we see a very unhealthy trend here where any disagreement is not tolerated. This forum is for legal skilled immigrants and we sometimes show how unskilled we are when it comes to tolerance of opinion here.
isantem, while I understand the diversity argument, when it comes to skilled immigration it doesn't really help. The data itself shows that the overwhelming number of skilled immigrants come from India/China. If the objective is to let the most skilled immigrants in, then the US should forget about diversity. Unfortunately in terms of volume and talent combined, India and China handily beat the rest of the world. Even if EB3 goes to 2002 so be it, but at least you are treating all skilled immigrants on a level playing field rather than discriminating them based on where they were born. If the US continues to do this, there is a serious danger (and this has been documented) that skilled folks in India/China will no longer find the US attractive. Its already happening with the economy booming in India. In fact, we'll probably see you or your kids standing in line for an Indian or Chinese green card in a few years (and I doubt India or China will focus on diversity when it comes to attracting the most skilled talent).
gsc999
04-11 12:49 PM
Update for Nor. Cal members:
We are arranging meetings with local law makers. This information has been posted on the Nor Cal Yahoo group by IV member Franklin.
I am posting this update here for new IV members from this area. PM me if you are interested in joining these meetings.
We are arranging meetings with local law makers. This information has been posted on the Nor Cal Yahoo group by IV member Franklin.
I am posting this update here for new IV members from this area. PM me if you are interested in joining these meetings.
gcseeker2002
03-02 02:51 PM
Did you wire transfer funds too many times in larger amounts?
this is absurd, why would wire transferring money have immigration officer visit the candidate, if they dont want to give us GCs then most people will continue to transfer money.
this is absurd, why would wire transferring money have immigration officer visit the candidate, if they dont want to give us GCs then most people will continue to transfer money.
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