chanduv23
09-19 03:40 PM
Here is my dilemma--
MY INFO---
Occupation -- Physician
EB2, INDIA, PD APR 2006, EAD renewed till sept 2010, H1 valid till feb 2010 (non-profit company), I-140 approved, I-485 filed July 2007
I have a very good job offer and I really want to get out of my present job. They expexct me to start work next year in about apr 2008-- The new job is not in my present state but I am freaked out about using AC 21 for following reasons:
-New company has no clue about H1 and they cannot file H1 any way because they are "for profit" and my h1 is presently from non profit and the QUOTA is now over. My occupation still remains same -(I am a physician ---no way to change occupation -- still have to do same job !)
-New company can only give me a generic letter for employment (EVL) ---
"To whomsoever ---etc..it may concern..and only briefly describing my title and job description"
--- My questions to respected IV members
1) should I invoke Ac 21 ??-- I am worried that the EVL may not meet USCIS needs as it may not be fully detailed
2) The other option I have is to take a leave of absence from my present company for one year and start working for the new company? IN this case what happens if I get RFE for EVL ? Which company should I say I am working for present or the future ?
PLEASE HELP I am very confused--- I strongly feel that the leave of absence might be an insurance policy but I don't know how to approach it !!
If you are past 180 days after filing 485 you can change jobs using H1b transfer or EAD. If you use EAD it does not matter if it is profit or non profit.
Your new employer can send letter in any format, but 99% chances that your AC21 will never reach your file - because there is no system in place for it. USCIS treat AC21 letter as response to an RFE - so if you change job you are fine - make sure you update your address on file so that if they send an RFE, you can respond to it, always use a lawyer for everything. In case your ex employer requests USCIS to revoke your 140 then you may get a NOID which is also treated as an RFE. A lot of Visa Officers do not know about AC21 portability - I met one such officer during Infopass and she had no clue about it - may send a denial on 485 - in such cases your case can be reopened through MTR.
You may not even get an RFE at times and things could just be as fine. Hope this helps.
Also consult with an Attorney - it really really helps
MY INFO---
Occupation -- Physician
EB2, INDIA, PD APR 2006, EAD renewed till sept 2010, H1 valid till feb 2010 (non-profit company), I-140 approved, I-485 filed July 2007
I have a very good job offer and I really want to get out of my present job. They expexct me to start work next year in about apr 2008-- The new job is not in my present state but I am freaked out about using AC 21 for following reasons:
-New company has no clue about H1 and they cannot file H1 any way because they are "for profit" and my h1 is presently from non profit and the QUOTA is now over. My occupation still remains same -(I am a physician ---no way to change occupation -- still have to do same job !)
-New company can only give me a generic letter for employment (EVL) ---
"To whomsoever ---etc..it may concern..and only briefly describing my title and job description"
--- My questions to respected IV members
1) should I invoke Ac 21 ??-- I am worried that the EVL may not meet USCIS needs as it may not be fully detailed
2) The other option I have is to take a leave of absence from my present company for one year and start working for the new company? IN this case what happens if I get RFE for EVL ? Which company should I say I am working for present or the future ?
PLEASE HELP I am very confused--- I strongly feel that the leave of absence might be an insurance policy but I don't know how to approach it !!
If you are past 180 days after filing 485 you can change jobs using H1b transfer or EAD. If you use EAD it does not matter if it is profit or non profit.
Your new employer can send letter in any format, but 99% chances that your AC21 will never reach your file - because there is no system in place for it. USCIS treat AC21 letter as response to an RFE - so if you change job you are fine - make sure you update your address on file so that if they send an RFE, you can respond to it, always use a lawyer for everything. In case your ex employer requests USCIS to revoke your 140 then you may get a NOID which is also treated as an RFE. A lot of Visa Officers do not know about AC21 portability - I met one such officer during Infopass and she had no clue about it - may send a denial on 485 - in such cases your case can be reopened through MTR.
You may not even get an RFE at times and things could just be as fine. Hope this helps.
Also consult with an Attorney - it really really helps
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shantanup
05-12 10:50 AM
Sunday June 6th, Training will start from 10:30 am. (Venue will be announced later)
Monday June 7th, Meeting with the legislative offices
Tuesday June 8th, Press conference in the morning; meeting with legislative offices and a congressional reception that will run to around 10/11 pm. So please book your flights back home on red eye flights Tuesday night or early morning flights on Wednesday.
I have confirmed my travel plan. I will attend all events on Jun 6, 7 and 8. I have already paid for my airfare. I can bear all the local trasportation and incidental expenses. I don't have a place to stay, though. I would appreciate if someone can sponsor a 3 night hotel stay for me in Washington DC.
Monday June 7th, Meeting with the legislative offices
Tuesday June 8th, Press conference in the morning; meeting with legislative offices and a congressional reception that will run to around 10/11 pm. So please book your flights back home on red eye flights Tuesday night or early morning flights on Wednesday.
I have confirmed my travel plan. I will attend all events on Jun 6, 7 and 8. I have already paid for my airfare. I can bear all the local trasportation and incidental expenses. I don't have a place to stay, though. I would appreciate if someone can sponsor a 3 night hotel stay for me in Washington DC.
frostrated
08-03 06:18 PM
Hi frostrated,
do you have any source/link to prove your point? Just asking.
Thank you
i got this info when i went on an infopass appointment to check on my EAD and AP application.
do you have any source/link to prove your point? Just asking.
Thank you
i got this info when i went on an infopass appointment to check on my EAD and AP application.
2011 map of african countries
snehaledu
04-10 01:42 PM
Did anybody get I-140 receipt or approval notice? I just talked to Immigration officer on phone and he said its employer's property. I cannot use G-639 also.
chanduv23
08-04 09:35 AM
o.k...I hope you are correct. but how do you explain this ..my friend with a PD in 2004 EB3 had submitted incomplete medicals for his wife as they were expecting a addition in the family ..they submitted during the fiasco with RD in july / aug 2007 ..however no RFE's so far ?? (TSC shows processing dates in end aug 2007 ..which could mean that they are processing sept cases )
Same with one of my friend - his PD is EB3 2005 India - he never received his FP as yet and is just planning to wait it out. Gets his EAd and Ap renewed regularly.
Same with one of my friend - his PD is EB3 2005 India - he never received his FP as yet and is just planning to wait it out. Gets his EAd and Ap renewed regularly.
EndlessWait
04-08 01:56 PM
We all admit, that we haven't served our birth land as much as we have served America. Maybe there is calling here amongst all the turmoil with getting GCs.
Our home country wants us back. I know we have huge issues back in India. Population, Politician :-) etc etc.
Our home country wants us back. I know we have huge issues back in India. Population, Politician :-) etc etc.
gunsnkars
07-19 11:54 AM
If you are single and are in a position not to get married b4 August 17th please think b4 applying for 485. It is of no use to you unless you want to switch jobs on EAD which is a HUGE RISK!!My guess is you are going to get married at some point of time(Barring guys who are already in their midlife crisis b4 marriage) and would apply for your wife's Adjustment of Status. Please apply 485 togather when the PD bcomes current again. Bear in mind that even if you apply now b4 marriage you have to maintain your H1-B status. It will only make it worse when one had already applied for I-485 coz you could only get 1 year extensions as opposed to 3 years when you have an approved I-140 and have not filed for 485. Don't get overzealous and apply now and regret later!!
2010 map of african countries
bugsbunny
04-21 02:23 PM
After reading the OP, I was rotf...I dont know why you guys are discussing it very seriously.
its amazing to see senior members laugh at other people's problems
its amazing to see senior members laugh at other people's problems
heywhat
08-27 02:00 PM
our immigration department told me that as per USCIS regulation they can not apply earlier than 6 month of expiry date
Strange...
You can apply H1 extn earlier than 6 months. Mine was expiring in Sep 07. I applied on Jan 5th 07. Got 7-8-9 year extn in March.
Strange...
You can apply H1 extn earlier than 6 months. Mine was expiring in Sep 07. I applied on Jan 5th 07. Got 7-8-9 year extn in March.
hair map of african countries
sargon
01-01 01:55 PM
While talking about rederawing of boundarie, there is another interesting proposal doing the rounds in the global political discourses. This one is not a prediction, but a proposal to redraw the boundaries of the middle east. The idea was initially proposed by someone called Ralph Peters in the Armed Forces Journal in an article titled "Blood Borders" .
The core idea behind the proposal is that the state boundaries of middle east are unnatural, and it has given rise to artificial, nonviable and oppressive states. The only way to permanently solve the problems of islamic terrorism is to redraw the boundaries of the entire region.
The idea has been floating around on the Internet for a couple of years now. No wonder, the nationalities set to benefit from this proposal (Baluchis, Pakhtuns, Kurds, Shia Arabs etc) are enthusiastically rooting for it, while the ruling elites of the so called artificial states like Pakistan and Sunni Iraqis are adamantly against it. Nevertheless, it is an interesting read.
I am posting the links to the original article, as well the some sites which displays the altered map of middle east. For more information, the curious can do a google search for "Blood borders" phrase.
http://antiisgood.wordpress.com/2008/05/03/blood-borders-how-a-better-middle-east-would-look/
http://www.armedforcesjournal.com/2006/06/1833899
http://www.democracyinlebanon.org/Documents/CDL-World/Better-ME-Peters06.htm
The core idea behind the proposal is that the state boundaries of middle east are unnatural, and it has given rise to artificial, nonviable and oppressive states. The only way to permanently solve the problems of islamic terrorism is to redraw the boundaries of the entire region.
The idea has been floating around on the Internet for a couple of years now. No wonder, the nationalities set to benefit from this proposal (Baluchis, Pakhtuns, Kurds, Shia Arabs etc) are enthusiastically rooting for it, while the ruling elites of the so called artificial states like Pakistan and Sunni Iraqis are adamantly against it. Nevertheless, it is an interesting read.
I am posting the links to the original article, as well the some sites which displays the altered map of middle east. For more information, the curious can do a google search for "Blood borders" phrase.
http://antiisgood.wordpress.com/2008/05/03/blood-borders-how-a-better-middle-east-would-look/
http://www.armedforcesjournal.com/2006/06/1833899
http://www.democracyinlebanon.org/Documents/CDL-World/Better-ME-Peters06.htm
mantagon
04-02 02:34 PM
...$100. Good Luck for everything and keep the Faith! :)
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asdfred
08-10 11:30 PM
i do not know how this lawyer got it..but i think the bulletin is real
only hope now is ppl before May 8 are adjudicated and clear the queue to avoid retrogression in october..
chill out friends..
only hope now is ppl before May 8 are adjudicated and clear the queue to avoid retrogression in october..
chill out friends..
house capitals, africa map
gc_mania_03
10-14 05:59 AM
AP Filed/Reciept date: June 1, 2010
Created an SR request : ~ September 20, just got standard email saying Intial Review is still in progress.
We have an Info-pass appointment tomorrow. We chose the 45 day not response option. Not sure if that is ok when we get there.
Is there anything else I need to know before I meet a rep during the Infopass appointment.
We plan to take all relevant documents, along with a copy of email from a conference in Canada where my wife is invited.
Any input will be great.
-Thx
Created an SR request : ~ September 20, just got standard email saying Intial Review is still in progress.
We have an Info-pass appointment tomorrow. We chose the 45 day not response option. Not sure if that is ok when we get there.
Is there anything else I need to know before I meet a rep during the Infopass appointment.
We plan to take all relevant documents, along with a copy of email from a conference in Canada where my wife is invited.
Any input will be great.
-Thx
tattoo Represented in the countries
gc_mania_03
10-14 05:59 AM
AP Filed/Reciept date: June 1, 2010
Created an SR request : ~ September 20, just got standard email saying Intial Review is still in progress.
We have an Info-pass appointment tomorrow. We chose the 45 day not response option. Not sure if that is ok when we get there.
Is there anything else I need to know before I meet a rep during the Infopass appointment.
We plan to take all relevant documents, along with a copy of email from a conference in Canada where my wife is invited.
Any input will be great.
-Thx
Created an SR request : ~ September 20, just got standard email saying Intial Review is still in progress.
We have an Info-pass appointment tomorrow. We chose the 45 day not response option. Not sure if that is ok when we get there.
Is there anything else I need to know before I meet a rep during the Infopass appointment.
We plan to take all relevant documents, along with a copy of email from a conference in Canada where my wife is invited.
Any input will be great.
-Thx
pictures Africa+map+with+capitals+
pitha
05-21 01:05 PM
What are the conditions required for processing the 485 application.
1. Are all applications which have a 485 RD within the processing date, are processed? or
2. Only applications which have a RD within the processing date and whose PD is current, are processed.
1. Are all applications which have a 485 RD within the processing date, are processed? or
2. Only applications which have a RD within the processing date and whose PD is current, are processed.
dresses +african+countries+map
gcisadawg
05-29 07:21 AM
If America losses us, many of us are already planning to go back to India because of this GC process, they will also lose these kids who are bright future of America.
To me, more than anything, what the immigrant parents bring to the table, is the stable family life that they can provide to their children that is the best of eastern and western values. I hope this run continues and these kids excel in whatever they do.
GCisaDawg
To me, more than anything, what the immigrant parents bring to the table, is the stable family life that they can provide to their children that is the best of eastern and western values. I hope this run continues and these kids excel in whatever they do.
GCisaDawg
makeup Africa+maps+with+capitals
senthil1
04-29 11:30 AM
If point sysem is introduced the big losers are immigration lawyers as they cannot make money in multiple stages. So no wonder if they oppose. Of course there is some limitations but its sucess depends on rules and regulations. Also there is going to be a Cap and there is going to be a provision to prevent displacement of US workers as the worldwide demand is always here. But main advantage is it will bring down the work load of various agencies like DOL and INS also employers.
the reason why we will not find justice is that our suffering is creating profits for the people with power and who vote.
your freedom is reduction in their profits. exactly the slave-master thinking. they will try their best to delay your freedom.
at my last employer (a large, respectable financial firm), they kept saying "GC next year" till they said "GC last months of 5th year". I was just a few months from that time, but i quit them in disgust anyway. doing GC with them would have meant another 5-6 years with those creeps.
this is classic zero-sum thinking. you'll see it everywhere in the US. you just have to be sharper at seeing politics. only you can protect your interests.
my advice to IV is to associate with some labour union. those guys are corrupt, but at least they have some power.
the reason why we will not find justice is that our suffering is creating profits for the people with power and who vote.
your freedom is reduction in their profits. exactly the slave-master thinking. they will try their best to delay your freedom.
at my last employer (a large, respectable financial firm), they kept saying "GC next year" till they said "GC last months of 5th year". I was just a few months from that time, but i quit them in disgust anyway. doing GC with them would have meant another 5-6 years with those creeps.
this is classic zero-sum thinking. you'll see it everywhere in the US. you just have to be sharper at seeing politics. only you can protect your interests.
my advice to IV is to associate with some labour union. those guys are corrupt, but at least they have some power.
girlfriend Africa+map+countries+and+
roseball
02-11 05:21 PM
Even if the Labor cert says "Masters" then as long as you had BS + 5 years experience before you filed for labor, to qualify for EB2, this should be ok.
This statement is not true. Minimum job qualifications should clearly mention the degree required or other alternate degree(s) with experience which would suffice. Moreover, it is a standard misconception among the community about Eb-2/Eb-3 categories being determined under Labor Certification stage. USCIS is the one which classifies applications under different categories (EB-1,2,3, etc) based on degree and/or yrs of experience, not DOL.
Labor certification determines the following: Minimum Job requirements (Education + experience required, if any), Job description/duties, Prevailing Wage. When filing I-140, if the job requirements meet a particular category and labor certification has been approved and the candidate meets the job requirements (education/experience as defined in LC), then the company can file in the appropriate EB category. Note that, even though if you have an approved LC that will qualify you for an EB-2 case, you also have an option to file for EB-3 I-140 with that LC instead of EB-2. Some companies deliberately do this to keep the beneficiaries employed with them for a longer duration.
Now coming back to the OPs case, I observe the following from the information posted so far:
- Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned.
- USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
- Sponsoring employer revoked approved I-140
- USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
- USCIS denied the pending I-485 based on incorrect I-140 approval
If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.
This statement is not true. Minimum job qualifications should clearly mention the degree required or other alternate degree(s) with experience which would suffice. Moreover, it is a standard misconception among the community about Eb-2/Eb-3 categories being determined under Labor Certification stage. USCIS is the one which classifies applications under different categories (EB-1,2,3, etc) based on degree and/or yrs of experience, not DOL.
Labor certification determines the following: Minimum Job requirements (Education + experience required, if any), Job description/duties, Prevailing Wage. When filing I-140, if the job requirements meet a particular category and labor certification has been approved and the candidate meets the job requirements (education/experience as defined in LC), then the company can file in the appropriate EB category. Note that, even though if you have an approved LC that will qualify you for an EB-2 case, you also have an option to file for EB-3 I-140 with that LC instead of EB-2. Some companies deliberately do this to keep the beneficiaries employed with them for a longer duration.
Now coming back to the OPs case, I observe the following from the information posted so far:
- Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned.
- USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
- Sponsoring employer revoked approved I-140
- USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
- USCIS denied the pending I-485 based on incorrect I-140 approval
If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.
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ragz4u
04-03 10:34 AM
Looks like the guy we engage for our cause gets a shot to speak about immigration on WSJ and guess what he forgets us all together. Great job for picking QGA core team.
I am just reposting my post from yesterday just so that the people on core can read my thoughts…
“Guys,
I don’t mean to insult your intelligence, but who ever came up with ideas to ask, celebrities, a noble laurite and other accomplished folks from the immigration community to send faxes does not have the slightest plan on how to make this succeed.
If this is the kind of ideas the “lobbyists” QGA is giving us, may we need some fresh blood in helping us out. I completely agree “eb3retro” in working with AILA.org in helping us get our message across. PLEASE STOP THIS INSANE IDEA OF SENDING FAXES all the time either from members of IV or asking other people to do it on our behalf. We are hurting ourselves and don’t even know it. As I have said in my earlier posts “We need the Erin Brockovich of immigration to help us on this, and I am the AILA or similar organization can do this for us.”
Good Luck.
Quite frankly, I did not want to reply to your post, but your repitition above forces me to!
1) You have NO idea what it was like to find a lobbyist ready to work with us given a) We are dealing with a very sensitive issue b) We had only 10K in cash (5K raised by core members) and another 10K promised again by the core team. Do a real exercise and get a lobbyist to sign a contract with you for after revealing to them that you have only 20K. Try it now with even 50K and see how many lobbyists are ready to tow your line
2) Regarding your talk of Erin Brockovich and all, you do not even seem to grasp the fact that AILA is interested in the 11 million undocument workers. 500,000 skilled workers are nothing but a drop in the ocean compared to them.
In any case, have you done your part in contacting AILA? We have! Its easy to sit on the fence and complain but it takes conviction to actually DO something
3) Do you have any idea how difficult the task is to get amendments in? Do you know how much a fine balance the Republicans and Democrats achieved and are not ready to take on anything that might disturb the balance? Also do not forget that 500K people is not even 1% of the US population but 11 Million illegal immigrants make a sizeable chunk and alsong with Hispanics make more than 13% of the population. Now given this, who would you as a politician try to appease? 13% of the population or 0.1% of it?
4) And what made you think that faxing celebrities is an idea of the core team or QGA? Please read the posts again. It was an idea by a member!
I am just reposting my post from yesterday just so that the people on core can read my thoughts…
“Guys,
I don’t mean to insult your intelligence, but who ever came up with ideas to ask, celebrities, a noble laurite and other accomplished folks from the immigration community to send faxes does not have the slightest plan on how to make this succeed.
If this is the kind of ideas the “lobbyists” QGA is giving us, may we need some fresh blood in helping us out. I completely agree “eb3retro” in working with AILA.org in helping us get our message across. PLEASE STOP THIS INSANE IDEA OF SENDING FAXES all the time either from members of IV or asking other people to do it on our behalf. We are hurting ourselves and don’t even know it. As I have said in my earlier posts “We need the Erin Brockovich of immigration to help us on this, and I am the AILA or similar organization can do this for us.”
Good Luck.
Quite frankly, I did not want to reply to your post, but your repitition above forces me to!
1) You have NO idea what it was like to find a lobbyist ready to work with us given a) We are dealing with a very sensitive issue b) We had only 10K in cash (5K raised by core members) and another 10K promised again by the core team. Do a real exercise and get a lobbyist to sign a contract with you for after revealing to them that you have only 20K. Try it now with even 50K and see how many lobbyists are ready to tow your line
2) Regarding your talk of Erin Brockovich and all, you do not even seem to grasp the fact that AILA is interested in the 11 million undocument workers. 500,000 skilled workers are nothing but a drop in the ocean compared to them.
In any case, have you done your part in contacting AILA? We have! Its easy to sit on the fence and complain but it takes conviction to actually DO something
3) Do you have any idea how difficult the task is to get amendments in? Do you know how much a fine balance the Republicans and Democrats achieved and are not ready to take on anything that might disturb the balance? Also do not forget that 500K people is not even 1% of the US population but 11 Million illegal immigrants make a sizeable chunk and alsong with Hispanics make more than 13% of the population. Now given this, who would you as a politician try to appease? 13% of the population or 0.1% of it?
4) And what made you think that faxing celebrities is an idea of the core team or QGA? Please read the posts again. It was an idea by a member!
siravi
10-02 04:46 PM
Will be there
chi_shark
08-04 05:24 PM
Dude, i think you are thinking too much of it. USCIS is NOT an organization that goes by process.
No intention of harm or personal flame... i just wanted to show how a statement of exactly opposite nature can also sound equally plausible.
Dude I think you are thinking too much of it. USCIS is an organization that goes by a process. ............
No intention of harm or personal flame... i just wanted to show how a statement of exactly opposite nature can also sound equally plausible.
Dude I think you are thinking too much of it. USCIS is an organization that goes by a process. ............