chanduv23
11-22 01:33 PM
I dont think that is correct - as per my lawyer this is what she says -
In order to move to a new employer and still continue with the same gc applications, you must meet all of the following conditions under AC21:
1. Your I-140 must be approved
2. Your I-485 must be filed and pending for at least 180 days
3. Your new job classification must be the same as in the old job
If you are missing any of the 3 conditions at the time you move to an employer, you will lose your gc application and you will need to start a new one.
So guys please make sure you give correct information. Also, I would suggest people who are asking various questions over here in IV should also talk to their own lawyers and take a decision. Please do not take decision based on comments given over here. So "LOOK BEFORE YOU LEAP".
Please note that most people here give suggestions and advices based on their knowledge, experience etc... and may not be taken as legal advice. One must definitely consult an attorney before taking any career move. But also note that, Lawyers may not also be 100% aware or correct, as such no lawyer is perfect and most lawyers are commercial and you may * not really get the true picture* , exceptions and provisions are done on case to case basis and experienced and good lawyers can definitely help answer your questions.
Changing employer after 140 abd keeping PD is something new and I guess lawyers may not suggest taking that route, but in realty if u r in troubled waters, definitely u must see if u can work that option out.
In order to move to a new employer and still continue with the same gc applications, you must meet all of the following conditions under AC21:
1. Your I-140 must be approved
2. Your I-485 must be filed and pending for at least 180 days
3. Your new job classification must be the same as in the old job
If you are missing any of the 3 conditions at the time you move to an employer, you will lose your gc application and you will need to start a new one.
So guys please make sure you give correct information. Also, I would suggest people who are asking various questions over here in IV should also talk to their own lawyers and take a decision. Please do not take decision based on comments given over here. So "LOOK BEFORE YOU LEAP".
Please note that most people here give suggestions and advices based on their knowledge, experience etc... and may not be taken as legal advice. One must definitely consult an attorney before taking any career move. But also note that, Lawyers may not also be 100% aware or correct, as such no lawyer is perfect and most lawyers are commercial and you may * not really get the true picture* , exceptions and provisions are done on case to case basis and experienced and good lawyers can definitely help answer your questions.
Changing employer after 140 abd keeping PD is something new and I guess lawyers may not suggest taking that route, but in realty if u r in troubled waters, definitely u must see if u can work that option out.
wallpaper Anna Kournikova Enrique
morpheus
07-24 10:21 AM
I believe you are overlooking three very important facts.
1. The USCIS main priority at the moment is to reduce backlogs. Unfortunately retrogression works in their favor because it reduces the processing they have to do. Your proposal would increase the processing by forcing them to accept 485 filings and building up a backlog.
2. The USCIS administrator would not be allowed to make a decision like this without input from Congress. It's radically different from concurrent processing, which is a minor administrative change. With AC21, filing 485 without a visa number would allow people to change jobs etc, so it is in the realm of political decisions, not administrative.
3. The USCIS can't even manage to get premium I140 processing (planned since 2002), multi-year EAD's (overdue for years now) or issue regulations on AC21 (due since 2000). Even Congress can barely get them to act!
1. The USCIS main priority at the moment is to reduce backlogs. Unfortunately retrogression works in their favor because it reduces the processing they have to do. Your proposal would increase the processing by forcing them to accept 485 filings and building up a backlog.
2. The USCIS administrator would not be allowed to make a decision like this without input from Congress. It's radically different from concurrent processing, which is a minor administrative change. With AC21, filing 485 without a visa number would allow people to change jobs etc, so it is in the realm of political decisions, not administrative.
3. The USCIS can't even manage to get premium I140 processing (planned since 2002), multi-year EAD's (overdue for years now) or issue regulations on AC21 (due since 2000). Even Congress can barely get them to act!
chanduv23
09-28 02:36 PM
It's true that Europe can be a tough place, as can Canada or the U.S. to a newcomer. What is true about Europe is that it is a socialist place, salaries are lower, taxes are higher, racism is stronger, houses are smaller, yet you are also surrounded by beautiful places and there is a lot to do and see. It depends what type of person you are. Some Europeans hate Europe themselves and want to come to the U.S. as much or more than you did when you immigrated here. I'd say Europe is a good Plan B if all else fails here in America for you, and then you can always go back to India or China if you didn't like Europe.
Hopefully we don't need to get sucked in by the Reverse Brain Drain and we can help Congress help us, by changing the law, and retaining the high-skilled legal immigrants like us who are suffering and stuck in backlogs, and which is the only fair thing to do!
Jaime - you nailed it. People must concentrate on what they have to do. I started this thread for gettting a general perspective, because I seen articles about Blue Card and my dad also told me to look into it.
This thread has been very informative. Let folks keep blogging their prespectives
Hopefully we don't need to get sucked in by the Reverse Brain Drain and we can help Congress help us, by changing the law, and retaining the high-skilled legal immigrants like us who are suffering and stuck in backlogs, and which is the only fair thing to do!
Jaime - you nailed it. People must concentrate on what they have to do. I started this thread for gettting a general perspective, because I seen articles about Blue Card and my dad also told me to look into it.
This thread has been very informative. Let folks keep blogging their prespectives
2011 Enrique Iglesias and Anna
pitha
01-16 07:10 PM
I actually don't think this is the main concern of many people who have not contributed. I have talked with many friends who got stuck with their GC applications regarding IV and urged them to contribute. However, not many of them were very passionate about this. They just simply believed that they could not achieve their GCs faster with IV's effort than without. $20 per month is not a big deal for them. But without any confidence and hope, they did not even want to bother to register and contribute. Most of my friends are EB2 with PD 2004 or later. Some who have filed 485s see no sign for SKIL being passed and are fine with their APs and EADs. Those who have not filed their 485 truly believe that they could file their 485s in about 2 years and got used to this waiting.
So I think maybe we can let people know what IV has achieved in the past one year(not just how many members or how much money IV has achieved..., but things really matter to people) and inspire them.
Maybe we are better off without having people with such defeatist attitudes as our members. If you cannot even help yourself how can others help you. Even I had friends with such attitude, I told them about IV and when they started saying IV cannot help blah blah blah nonsense. I just left it at that. If anybody who is interested goes through IV forums for 10 to 15 minutes they will understand what IV has achieved in the last 1 year with meager resources and funds. Lets leave alone such bad apples. On the other hand, I also had friends who went through IV when I mentioned it to them and have already contributed. If we keep trying and spread the word around we will eventualy find the people who have the passion to do something for themselves and join IV.
So I think maybe we can let people know what IV has achieved in the past one year(not just how many members or how much money IV has achieved..., but things really matter to people) and inspire them.
Maybe we are better off without having people with such defeatist attitudes as our members. If you cannot even help yourself how can others help you. Even I had friends with such attitude, I told them about IV and when they started saying IV cannot help blah blah blah nonsense. I just left it at that. If anybody who is interested goes through IV forums for 10 to 15 minutes they will understand what IV has achieved in the last 1 year with meager resources and funds. Lets leave alone such bad apples. On the other hand, I also had friends who went through IV when I mentioned it to them and have already contributed. If we keep trying and spread the word around we will eventualy find the people who have the passion to do something for themselves and join IV.
more...
jcmenon
07-24 04:19 PM
Guies,
Dr. Emilio Gonz�lez Ask USCIS is over, we were hoping atleast we get a mention in this chat, but like everywhere we do not even get a mention, thats our plight.
That was the reason we were requesting IV to set up some kind of webfax to USCIS director, atleast he would be aware of the retrogression issue, then we can build our case from there.
But any way it is a waste of time.
Dr. Emilio Gonz�lez Ask USCIS is over, we were hoping atleast we get a mention in this chat, but like everywhere we do not even get a mention, thats our plight.
That was the reason we were requesting IV to set up some kind of webfax to USCIS director, atleast he would be aware of the retrogression issue, then we can build our case from there.
But any way it is a waste of time.
praveenat11
09-24 09:40 PM
do we need to submit original affidavits for i-485 filing?
more...
mpelland
02-14 08:15 AM
sounds good to me. There are lots of things that you can do with a subway. Does it have to be realistic? If not then you can make it look like what you think a subway station should look like (futuristic, older, or just different). A lot of different skills are needed, lighting, texturing, space perception, etc. This should be fun!
2010 Are Enrique Iglesias amp; Anna
Indirant
02-20 09:12 PM
Hi Guys when are you meeting in Durga temple Let me know I can come with some of my friends
Sekar
Sekar
more...
PD_Dec2002
07-05 12:22 PM
Just my $0.02:
I understand the frustration for IV to gather funds when it has so many members. But it's possible that IV has that many members because it is a free site.
If this becomes a paid site, you might see the number of members dwindle, and that's not a good idea because even if members don't financially contribute to IV, they do offer their perspectives/opinions/feedback/critique and help others. Those who want to financially contribute to IV will do so whether IV is a free or a paid site.
IMHO, it would be a mistake to make IV a paid site thinking that this will force members to financially contribute. Sure IV forums helped a lot with finding information about I-485 applications, but people have been filing I-485s on their own even before IV was in existence. Which is not to say, IV has no value, but I hope you see where I am going with this....if members don't want to contribute, then they won't. They will go to other forums like they used to before IV was in existence...which will be a step down, but at least they are holding on to their $20 or howmuchever.
Before replying to this, please read my disclaimer below. I have to add it given the fact how hot-headed/short-tempered members have been in the last few days where they will flame someone just because their opinions differ.
Thanks,
Jayant
Disclaimer: These are my opinions. You don't have to agree with them. If you disagree, just ignore them. I am not interested in justifying myself about anything that you might have to say. I would, however, welcome a civil and a healthy discussion.
I understand the frustration for IV to gather funds when it has so many members. But it's possible that IV has that many members because it is a free site.
If this becomes a paid site, you might see the number of members dwindle, and that's not a good idea because even if members don't financially contribute to IV, they do offer their perspectives/opinions/feedback/critique and help others. Those who want to financially contribute to IV will do so whether IV is a free or a paid site.
IMHO, it would be a mistake to make IV a paid site thinking that this will force members to financially contribute. Sure IV forums helped a lot with finding information about I-485 applications, but people have been filing I-485s on their own even before IV was in existence. Which is not to say, IV has no value, but I hope you see where I am going with this....if members don't want to contribute, then they won't. They will go to other forums like they used to before IV was in existence...which will be a step down, but at least they are holding on to their $20 or howmuchever.
Before replying to this, please read my disclaimer below. I have to add it given the fact how hot-headed/short-tempered members have been in the last few days where they will flame someone just because their opinions differ.
Thanks,
Jayant
Disclaimer: These are my opinions. You don't have to agree with them. If you disagree, just ignore them. I am not interested in justifying myself about anything that you might have to say. I would, however, welcome a civil and a healthy discussion.
hair Anna+Kournikova
ajthakur
07-14 07:18 PM
Why does the attorney have to be very competent if its a simple AC 21 case? I know people have applied for AC21 on their own. Will an attorney do something different? He will also send the same set of dcouments that I will? Pleaes help me here. I am not sure whether I should spend thousands of dollars on an attorney for something I could have done myself.
ajthakur,
Bottomline you need a competent attorney for answering this RFE and invoking AC-21.
ajthakur,
Bottomline you need a competent attorney for answering this RFE and invoking AC-21.
more...
scorpion00
06-08 06:02 PM
so no spill over from EB2 ROW which is current ,to India and China EB2.
I guess many folks were having high hopes for this in the last quarter.
I guess many folks were having high hopes for this in the last quarter.
hot Anna Kournikova, Enrique
akred
01-28 12:50 AM
From what I've read, the country caps were originally intended to soothe fears of uncontrolled immigration from the 3rd world. Similarly, the diversity lottery was supposed to increase immigration from Europe.
Both schemes are essentially restrictionist ploys to maintain a white America.
Both schemes are essentially restrictionist ploys to maintain a white America.
more...
house Enrique Iglesias and Anna
greenlight
08-17 01:45 AM
hi everyone,
I want to get feedback about the possibility of pursuing PERM for EB2 and still capture my PD for EB3. Here is my situation.
I am a South Korean with PD in Dec. 04 on EB3. I filed I-485 along with EAD & AP on 7/25/07.
I recently got a master's degree in another field, and my current job can hire me in a different position.
Q1. If I ask my employer to file PERM on EB2 for the new position requiring the master's degree, I should be able to capture the PD (12/04) for my EB3, right?
Q2. Based on the september visa bulletin, should I wait on the EB-3 AOD application to be processed or would it be faster to switch to EB-2 and refile I-485? Please explain why.
Thanks.
I want to get feedback about the possibility of pursuing PERM for EB2 and still capture my PD for EB3. Here is my situation.
I am a South Korean with PD in Dec. 04 on EB3. I filed I-485 along with EAD & AP on 7/25/07.
I recently got a master's degree in another field, and my current job can hire me in a different position.
Q1. If I ask my employer to file PERM on EB2 for the new position requiring the master's degree, I should be able to capture the PD (12/04) for my EB3, right?
Q2. Based on the september visa bulletin, should I wait on the EB-3 AOD application to be processed or would it be faster to switch to EB-2 and refile I-485? Please explain why.
Thanks.
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seahawks
09-13 02:03 AM
Tri-State and neighboring states, you can definitely make it to DC easily! What's stopping you? Let's go! Let's make the rally a historic event!!!! TOGETHER WE CAN!!!!
Tri-State, Tri-cities, Tri-Counties:D
lets all go to D.C!!!
Tri-State, Tri-cities, Tri-Counties:D
lets all go to D.C!!!
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pictures Tennis babe Anna Kournikova
sam_hoosier
07-02 12:51 PM
I support it.
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pbojja
12-10 11:45 AM
With all the porting nonsense going on eb2 will move backward and eb3 will inch forward slowly. We might end up with eb2 and eb3 in 2002. congrats to all the people who ported, the only thing you accomplished is you made sure eb2 does not progress (it does not mean you have have moved forward by porting, it just means that you have made sure you have prevented original eb2 guys from getting green card), the people who ported wont gain any benefit but they will make it worse for everyone, they have to file a second i140 which will take at least another 1 year to clear and after 1 year when the ported 140's clear the eb2 will go back to 2002. You have also accomplished another great feat, DOL is going to make it impossible to file eb2 in IT jobs so even genuine people are screwed. Before people start giving red dots and justifying there porting I have an message for you, your behavior is no different from the people who did labor substitution, the end result was DOL ended labor substitution and the result of all this porting is DOL has made it impossible to get eb2 even for genuine cases. Just because others are doing it does not mean you can do it, obviously it is wrong therefore dol removed labor substitution and now dol is making it impossible to get eb2 for IT jobs even for genuine cases. 90 % of people doing this porting are desi consulting employees, they wine and complain about desi consulting companies as blood suckers (justifiably) but they themselves are bloodsuckers on the EB2 community by doing this eb3 to eb2 porting.
Stop the non-sense . As if USCIS-DOL knows exactly how many portings are going on ..do you think all the movement of this dates make sense ? just check last year movements .. they have no theory no logic or no numbers they just move with no logic ... At the end of year they move to 2006 or 2007and back to 2003 next year ..
I m EB2 2006 and I have no problems with portings ..go for it EB3 folks ..I know it will be a year or more process but worth it , I think EB3 early 2000 folks deserve GC than a 2006-2007 EB2 folks(Dont think you are genious just because you are EB2 ..we know we all do same jobs).
I m ready for reds and dont care a bit .
Stop the non-sense . As if USCIS-DOL knows exactly how many portings are going on ..do you think all the movement of this dates make sense ? just check last year movements .. they have no theory no logic or no numbers they just move with no logic ... At the end of year they move to 2006 or 2007and back to 2003 next year ..
I m EB2 2006 and I have no problems with portings ..go for it EB3 folks ..I know it will be a year or more process but worth it , I think EB3 early 2000 folks deserve GC than a 2006-2007 EB2 folks(Dont think you are genious just because you are EB2 ..we know we all do same jobs).
I m ready for reds and dont care a bit .
more...
makeup Anna kournikova and Enrique
desi3933
01-30 11:05 PM
Will she get paid starting Feb 1st? If no, why not. Please explain.
She wont get paid starting Feb 1 but there is an option to get paid from Feb 1 - April 20 as she accumulated some $ when she was working and after April 20 she will be on maternity leave which will be unpaid.
To answer why she will not get paid - she does not have a project right now and dont even plan to find one....(bad economy and no one will be willing to employ a preg. female who will need 6-8 week vacation after 2 month of hire)
Will she on unpaid leave? Yes.
Will she still be Full Time Employee? For the employer C which is a desi consulting firm she is a FTE but you know how the consulting business works........as long as you are on project you get your salary and the day you are not on the project you dont get a dime.
On H1 Status, one must be working full time and should be paid salary even if s/he is on benching. Three month maternity leave should be ok, but 6 months of unpaid leave will be very difficult to explain.
You should seriously consider changing status to H4, if that is an option.
In Nov, she can re-enter on H1 visa to come back to H1 status.
____________________
Not a legal advice.
US Citizen of Indian Origin
She wont get paid starting Feb 1 but there is an option to get paid from Feb 1 - April 20 as she accumulated some $ when she was working and after April 20 she will be on maternity leave which will be unpaid.
To answer why she will not get paid - she does not have a project right now and dont even plan to find one....(bad economy and no one will be willing to employ a preg. female who will need 6-8 week vacation after 2 month of hire)
Will she on unpaid leave? Yes.
Will she still be Full Time Employee? For the employer C which is a desi consulting firm she is a FTE but you know how the consulting business works........as long as you are on project you get your salary and the day you are not on the project you dont get a dime.
On H1 Status, one must be working full time and should be paid salary even if s/he is on benching. Three month maternity leave should be ok, but 6 months of unpaid leave will be very difficult to explain.
You should seriously consider changing status to H4, if that is an option.
In Nov, she can re-enter on H1 visa to come back to H1 status.
____________________
Not a legal advice.
US Citizen of Indian Origin
girlfriend Anna Kournikova was seen at
biomd
10-12 02:26 PM
PD Aug 2006
I 140 Filed in June 2007. Pending @ TSC
I 485 Filed on 10th Aug 2007
FP Notice received.
I 140 Filed in June 2007. Pending @ TSC
I 485 Filed on 10th Aug 2007
FP Notice received.
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Macaca
09-26 11:46 AM
I just got a call from Eilene Zimmerman regarding the article and she promised me that she is working on fixing the error soon
The article is actually very well-written for H1B issues. Ask her to write a similar article about EB GC issues!
The article is actually very well-written for H1B issues. Ask her to write a similar article about EB GC issues!
sc09876
07-29 01:46 PM
@uma001
I understand your situation because you had posted elsewhere on exactly what happened to you.
Premise of the Green Card (and H1-B for that matter) is that an American citizen or a Permanent resident was not available with required skill sets for the work to be done.
Scrutiny at H1-B was traditionally a lot relaxed because it is temporary in nature by definition. A lot us seem to assume that Green Card is a natural progression from H1-B. In Employment Based GC, burden of proof lies with the organizations. I have worked with small and big organizations, and I am yet to come across an organization that will go out of the way or makes exceptions to an employee at the risk of its reputation or facing legal hassles.
When I had a choice to make may be 5 years back, a friend of mine advised me. If you have GC, big corporations can employ you easily, but if the big corporations employ you, it is not easy to get GC. (particularly because the HR would not be so easily accessible, but "control" is what he was alluding to.)
I took his advise, and landed a "desi" company, which was not so "desi" in its thought process and treatment though. They were flexible, at the same time, great to work with, paid very well and took care of expenses at actuals. I was lucky enough to have landed where I had.
One has to know very well, what one wants to do and where one one wants to head. If the over-riding factor is a GC application, find out where you get the flexibility. On the other hand, if an over riding factor is a satisfaction to work with big name companies, then you know how it works. No point blaming companies.
I understand your situation because you had posted elsewhere on exactly what happened to you.
Premise of the Green Card (and H1-B for that matter) is that an American citizen or a Permanent resident was not available with required skill sets for the work to be done.
Scrutiny at H1-B was traditionally a lot relaxed because it is temporary in nature by definition. A lot us seem to assume that Green Card is a natural progression from H1-B. In Employment Based GC, burden of proof lies with the organizations. I have worked with small and big organizations, and I am yet to come across an organization that will go out of the way or makes exceptions to an employee at the risk of its reputation or facing legal hassles.
When I had a choice to make may be 5 years back, a friend of mine advised me. If you have GC, big corporations can employ you easily, but if the big corporations employ you, it is not easy to get GC. (particularly because the HR would not be so easily accessible, but "control" is what he was alluding to.)
I took his advise, and landed a "desi" company, which was not so "desi" in its thought process and treatment though. They were flexible, at the same time, great to work with, paid very well and took care of expenses at actuals. I was lucky enough to have landed where I had.
One has to know very well, what one wants to do and where one one wants to head. If the over-riding factor is a GC application, find out where you get the flexibility. On the other hand, if an over riding factor is a satisfaction to work with big name companies, then you know how it works. No point blaming companies.
hopefulgc
10-15 04:35 PM
^^
This is exactly what we need. Let us get going on this people.
Nixstor, a suggestion ... maybe add a poll to this so we can track how many have sent this letter.
IV has been working with officials in DHS (not USCIS) to find the exact number of AOS applications pending sorted by priority date, per country, per category.
Even though the need for requested information is clear and DHS officials agreed to push USCIS for such information, they clearly told IV to demonstrate the need by filing FOIA requests. A request from IV is already pending, but the more the number of requests, the more prioritized this request will become. There are approximately 65,000 FOIA requests pending in Track2 of USCIS queue.
FOIA can be filed with USCIS either by using G-639 or by writing a simple letter. Our request will not fit the G-639 format and a simple notarized letter will do. I am attaching a sample document that members can download from Megaupload (http://www.megaupload.com/?d=ERDT5F3P) or Google docs (http://docs.google.com/View?docid=ddkc5z3x_1f5nvp5gm) and replace the fictitious John Doe information with theirs and mail out the letter to the address in the letter.
If you are really information hungry, this is your chance to get it.
(1) Download attachment
(2) Replace John Doe information with yours & print it
(3) Notarize it and mail it
This is exactly what we need. Let us get going on this people.
Nixstor, a suggestion ... maybe add a poll to this so we can track how many have sent this letter.
IV has been working with officials in DHS (not USCIS) to find the exact number of AOS applications pending sorted by priority date, per country, per category.
Even though the need for requested information is clear and DHS officials agreed to push USCIS for such information, they clearly told IV to demonstrate the need by filing FOIA requests. A request from IV is already pending, but the more the number of requests, the more prioritized this request will become. There are approximately 65,000 FOIA requests pending in Track2 of USCIS queue.
FOIA can be filed with USCIS either by using G-639 or by writing a simple letter. Our request will not fit the G-639 format and a simple notarized letter will do. I am attaching a sample document that members can download from Megaupload (http://www.megaupload.com/?d=ERDT5F3P) or Google docs (http://docs.google.com/View?docid=ddkc5z3x_1f5nvp5gm) and replace the fictitious John Doe information with theirs and mail out the letter to the address in the letter.
If you are really information hungry, this is your chance to get it.
(1) Download attachment
(2) Replace John Doe information with yours & print it
(3) Notarize it and mail it
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