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  • WeShallOvercome
    07-08 12:31 PM
    Wikipedia_fan,

    The AC21 law was enacted to help you from exactly the same situation and you have absolutely nothing to worry about.

    But as well know how USCIS works, the BAD case scenario would be that you'll get an RFE after your I-140 is revoked and at that time, you'll need to provide some proof of your employment in the same or similar field along with a copy of the AC21 text.

    The WORST case scenario would be that you'll get a NOID from an ignorant officer, and in that case as well, you'll have to reply with same documents and you'll get approved.

    Mark my words : Your I-485 will get approved ultimately(unless you have comitted some kind of fraud )


    About the employer, I think he's right that any I-140 which has a pending I-485 associated with it , is counted towards the ability to pay and it affects the future I-140s from the same employer.

    Cheers





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  • wellwishergc
    04-03 11:53 AM
    I agree with each and every word of your posting!!!

    IV is doing a fabulous work. Hats off to the core team!!!;

    I was active during efforts towards getting the immigration provisions into the S1932 bill and I can say that the efforts today are much more organized than those for S1932; I can imagine the scrambling and the mess that we would have been today, if not for IV.

    Good luck, IV!!! Even if we do not succeed this time, we will have enough mileage to push our provisions within a separate bill in the near future. Keep up the good work.



    I logged in this morning to get a regular update and came across this thread.
    I am surprised to this discussion and the heated debate. Tides and Ebbs are a part of what we do. I think we must all be satisfied that we have IV to represent us. Think about it guys, we would have no voice if it were not for IV. I sincerely hope something comes out of all this efforts that all of us have put in. We have a good thing going here and lets not stop.

    Even if nothing happens, I will be content that we have made efforts. Not just a tiny efforts but a big ones. Kudos to everyone who is contributing ideas and money. Keep the good work going and let us know what we have to do to help you all.
    tidesandebbs





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  • chanduv23
    10-02 03:20 PM
    ^^^^^^^^^^^





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  • somegchuh
    07-21 12:49 PM
    All I can say is that everyone has their personal reasons for the decisions they make. This thread is information exchange thread for those who are looking to move to Canada. This isn't about why one should go one place vs another.

    I welcome you to start another thread where ppl can debate whether they should move to India or consider moving elsewhere. In fact, I will be happy to discuss the options there. But I request ppl to not divert the focus of this thread.

    Why don't you start a similar forum for "going back to India" ? I hate to burst your "bubble of hope" but Canadian population and job market is limited and the opportunities for professionals like us are limited. Why not consider going back to India and taking up some of the lucrative opportunities in middle management in the IT industry.

    The Indian economy is booming and the salaries are excellent. You just need to make some adjustments with quality of life (pollution, traffic). Atleast its better than going to Canada, living in limbo while looking for suitable jobs for a long-time, sometimes even doing odd jobs just to make ends meet. I hate our Indian mentality that "every place in the world is better than our own country". Give me a break guys.

    My plan of action is very clear: Go back to India and live there happily. If there are other opportunities in US then come back.

    Cheers.



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  • CADude
    07-06 12:47 PM
    All you guys in DENIAL mode. Like Home seller in todays market. take chill pill and enjoy the life (what ever left after fisaco). :)

    If the USCIS cashes the checks and then returns the packets (total $1490 in my case), is there any legal recourse to get a refund from them? Since they are pretty much doing whatever they want, this thought just occurred to me.





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  • bluez25
    06-29 09:20 PM
    Mantric,

    Yes the service center will send your employer a curtesy copy and attorney the origial approval. Once you get the Feel bill letter and send the cachiers check, they will create a case and send the packet 3. in which you can find the NVC case number.



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  • Canadian_Dream
    04-21 02:05 PM
    Hmm, What part of the words "Good, Reliable and Comprehensive" you did not understand.
    Health insurance is not an issue these days as there are several indian firms covering it for foreign travel





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  • gconmymind
    08-27 07:33 PM
    I got a FP notice for next month. It is certainly not related to AP or EAD renewal, since I don't have any pending AP or EAD renewal. I got my EAD renewed last March and AP in May. So hoping that I got the FP notice since they started looking at my 485 application and something positive will be end result.


    Good luck.

    This is what I wanted to hear! :) Good Luck to you too...



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  • aadimanav
    08-27 06:30 PM
    not sure if it is too late, but I just sent to Sen. Warner and Sen. Webb of Virginia.

    Thanks!

    Nope, you are on time......:)





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  • immigrant2007
    06-30 12:54 PM
    Visa recapture cannot happen with an administrative fix. Anyone who is telling you that visa recapture can happen by some admin fix or through a lawsuit is simply lying, possibly just to grab your attention. We have been repeatedly told by the administration that recapture cannot happen by an executive order.

    A few days back a group of disorganized folks were writing to USCIS Director asking him to recapture. That is just a waste of time because CIS director cannot do recapture. Even Presidential executive order cannot recapture unused visas. It has to be done legislative because recapture will require change in the law.

    We do not mean to dampen your enthusiasm but please do not expect for something that cannot happen. Recapture cannot happen with an administrative fix. In this admin fix initiative we are working on other possible good provisions that are possible.

    I am not sure about this but one thng can certainly happen with Admin Fix.
    Porting of applicant who have stayed long enough in (EB3 to EB2). EB3 15 years experience and still counting and stuck and uncertain porting rules and AC21 doesn't make sense at all.
    Or
    AC21 rules or some other fix giving relief to people stuck in GC unnecessarily.
    USCIs can make these fixes but they dont want to do it. Its simple



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  • asanghi
    04-16 02:50 PM
    Unique Transaction ID #7DW17556YY272161N





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  • indyanguy
    01-22 10:10 AM
    So, if there are 400k pending applications and recapture can get us 215K, has anyone done some analysis on how the 215k will be divided among countries and categories?

    Will this make EB2I current and EB3 I beyond say 2005?



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  • rick_rajvanshi
    08-13 06:49 PM
    http://blogs.ilw.com/gregsiskind/files/ead_guideline.pdf

    Read the second last question





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  • vin13
    01-14 12:37 PM
    `Sec. 245B. (a) In General- The Secretary of Homeland Security may adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien--

    `(1) was physically present in the United States for a continuous period of not less than 5 years immediately preceding the date on which this provision was enacted and has maintained continuous physical presence since then.



    This if i am reading and understanding right may not be too bad. Let me kow if i am missing anything......



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  • for_gc
    06-23 04:16 PM
    I filed my I485/EAD/AP on August 7, 2007. Does this mean that I do not have to pay any fee for EAD renewal now ?

    The instructions say this -

    Special Instructions :
    If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.





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  • sagis99
    05-22 04:34 PM
    yes, this whole debate is useless anyway, since there's no meaning to those dates, maybe just for extreme cases, that are delayed even beyond the usual unreasonable delay.
    If you manage to get your employer to get a SR open for you on the I140, chances are, you'll get your I140 approved before you'll get any response to the SR, since USCIS takes that ridiculous 45 business days to respond.



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  • chanduv23
    09-23 10:48 AM
    Thank you Chanduv23, for the prompt reply.

    Oh, I trust the attorneys to file it correctly, I was just wondering if there was any way of finding out if it was received and processed correctly. With the H1B, 140, 485, etc. you get a receipt notice, but I wasn't sure if that was the case with the G28, probably not.

    The thought of the remote possibility of any correspondence from the USCIS going to the old attorney (for whatever reason), and not making it to me/new attorney in time to respond to it, is a little unnerving.

    Well, anyway, no point losing sleep over these things, although it is easier said than done.

    Again, thank you for sharing your experience here, it is VERY helpful.

    I agree. And this has happened. This happens NOT because new Attorney's G 28 did not get filed properly, it happens because VO may mix it up. Usually when a employer requests a revocation of 140 - in real - what the employer requests is "As this employee has left the company the prospects of his future employment with us is not there and we will not support this 140 petition in future. In other words an employer is telling INS "They will never hire you in future".
    So the VO does two things here. They send acknowledgment letters to the employer and their Attorney on file and send RFE/NOID to you and your Attorney. In this process some mix up might happen. Remember, a lot of VOs are very ignorant about AC21 and they may not follow the guidelines properly. Under the AC21 law it is clear that all you do is to change job to a same/similar position. As long as you follow law nothing must happen.

    Check your online status regularly - if you see LUDs call customer service - verify your address. If you do not get mail in 5 days - call again - if it is 15 days past call and ask them to fax it.





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  • natrajs
    08-25 01:11 PM
    And they say why Albert Pinto "Plassey" is an angry man?

    My current H1 is expiring soon. My 3 year H1 extension is pending. I had receipt notice but NJ DMV at Wayne refused to accept that. My current License is valid only till the middle of the next month.
    Any body in the same boat? What shall I do?


    My friend was in a similar situation last yr, He took his all his documents to Trenton DMV and they have given him 90 days extension.

    Try that, Good Luck

    Other Option is convert your H1 Extension to premium and get the approval before your H1 expiration date





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  • H1B-GC
    10-02 12:02 PM
    Do we really need to pay NRI Fees in Schools or colleges with PIO card? I thought otherwise. This does apply to an OCI card holder as well?





    EndlessWait
    02-24 09:57 PM
    the trouble is that people / everyone (including me) ..are thinking more about solutions but not doing anything.
    for a change can We just Do Something about Immi mess and Think afterwards ????
    the sad part is that there is no directions from IV core and they seem to be in deep winter slumber

    has anyone noticed lately, ever since the July 07 fiasco... there hasn't been anything on radar from IV..what's happening..not trying to belittle efforts from IV..but guys most of us are waiting to hear from you..





    amitjoey
    09-26 11:48 AM
    Idea of sending cds, chips, to congress has been discussed last year.

    I am of the opinion that we should send helmets. (kids bike helmets).

    Check this thread:
    http://immigrationvoice.org/forum/showthread.php?t=1265&highlight=helmet

    I suggest we initiate a campaign called "PROTECT THE BRAIN". That is protect the talent and knowledge of immigrants,
    and facilitate Permanent residency for legal talented immigrants.

    I agree that we should send lawmakers something big, bulky, and noticeable.
    Something that sits in their offices, is personalised with different colors and notes giving the same message. I feel that books or cds can just be unattractive and not a big topic of discussion amongst the staff. (Ultimately it has to be something unusual to create curiosity and attract attention and discussion)
    So we send them helmets with our degree certificates/ message from IV pasted on it.
    Helmets will say "protect brains". Save the country from losing legal high tech workers.

    http://www.bhsi.org/cheapies.htm

    If you need helmets for a campaign, or perhaps just for a large family, we routinely see Sunday newspaper ads in our area for helmets certified to the CPSC standard for between $10 and $20. Toys 'R' Us has them every day for $8 to $25, and Target has them in the same range, starting at $7.14 and as low as $6.39 to $5.79 when on sale. Walmart has Bell brand youth, adult and toddler helmets starting at $7.14

    Some local bike shops will shave their prices for a campaign to encourage more walk-in business. So you may find good helmets for your program at a local discounter or bike shop.
    There are also good deals from mail order suppliers with ads in bicycle magazines or on the Internet. Since the CPSC standard became law in 1999, any helmets you buy should have the sticker inside certifying to it.

    If you are seeking bids for a large order, or do not have local sources of cheap helmets, there are alternatives:

    These helmets can be recycled and given away to charity or for lower income programs supporting kids.



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