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  • meridiani.planum
    12-17 09:39 PM
    There are disadvantage of filing AC-21 eg: RFE or Interview calls etc

    What are the disadvantages of NOT filing AC-21 Memo to USCIS after job change?

    Please advise

    Its all gray, but after reading posts on forums the disadvantage is the same: RFEs.

    If your employer withdraws your I-140 180 days past your 485 filing, USCIS will potentially issue an RFE again for employment verification letter. If you had filed a new EVL at the time of doign AC-21, USCIS knows that the I-140 revocation does not mean the end of the road, you have actually ported over to someone and he intends to hire you. Note that even 180 days past your 485 filing, you still need SOME employer to sponsor a same/similar job. (unless you are exceedingly brave and are going to self-port)





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  • eb3_nepa
    06-05 11:44 AM
    Even as it stands RIGHT NOW without the "New AC21 Rules", you cannot use AC21 unless your I-140 is approved. The basic principle of AC21 is "If your I-140 is APPROVED AND your I-485 application has been pending for more than 180 days" you can switch jobs and not lose anything.





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  • Libra
    08-22 11:41 AM
    or how about attending rally and make it a big success and reduce your wait time to 50s.

    That is just perfect ... after waiting 100s of years for EAD now I will wait another 100s for the GC ...

    thank you DOS et all ...





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  • Lisap
    08-22 12:45 PM
    I will certainly keep my fingers crossed for you. Please keep me posted on the outcome. Best of luck to you.



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  • pd_recapturing
    06-18 10:47 PM
    There is a question on part 7 of AP efiling. I guess, same question is also there in paper form as well. Could somebody please explain as to what to do about this. Here is the question:-

    On a separate piece of paper, please explain how you would qualify for an Advance Parole and what circumstances warrant issuance of Advance Parole. Include copies of any documents you wish considered. (See instructions.)

    Do we really need to send this ? I do not remember that I did send it last time. Thanks





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  • AUG2005GC
    08-22 12:02 AM
    I was able to successfully port my EB3 to EB2 and received my GC last month. I am working for a mid-size American consulting firm. My background is Bachelors in Computers from India and did Masters in Computers from US.

    I filed my EB3 labor in AUG 2005 and got both labor and I140 approved in two months.
    Filed 485 in July 2007 & got EAD/AP.

    Went to my Employer and requested them to either refile my application for EB2 or I will have to resign. Since I was already working as PM, it was easy for my Employer to file for EB2 for PM position.

    Filed EB2 labor in March 2009, Got approved in Jan 2010
    Got EB2 I140 approved in March 2010
    Late March Case transferred to Local Office.
    Personal Interview in May 2010 - IO was not sure why i was called for interview. No Questions asked and told to wait till date gets current.
    Date got current in July.
    - Call multiple times 800 number only standard response
    - Went to local office and request update. IO told to wait for a week. 2 days later on 14th July got my GC approved.

    I believe even if you get your GC 6 months early by porting dates, its worth it. I hope my story helps you.

    Best Luck!



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  • laborday
    07-17 09:29 AM
    as expected Nebraska is crawling :mad:





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  • gc4me
    04-18 08:53 AM
    I will take it :D
    In that case, at least you will have your EAD and AP and can change your blood sucking deshi consulting company after 180 days and can peruse better employment opportunities.

    Lost in the big hoopla of 1 yr jump and hopes of similar advancement for others in May VB are the following facts.

    1. USCIS is about to raise fees for all immigration related procedures beginning from June 1st
    2. Visa quota ends in September and it takes on an average of 4-6 months to process I-485.
    Let me detail 2nd step. If they move dates forward by say 1 yr and thousands become eligible for 485. They will accept those cases, get fees from those lucky souls and make the dates unavailable after 1-2 months. Remember last year they were moving dates by 6 months till they made it UNAVILABLE for August and September.



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  • newuser
    03-22 08:34 PM
    Anyone interested in meeting the lawmakers around Philadelphia, please respond or send a PM..





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  • delax
    07-17 09:51 AM
    Just imagine what will happen to the market flooded with EADs. Job market for H1Bs will totally be down. No US companies will hire H1Bs if they get somebody with an EAD. Tonnes of Junior developers and S/W testers will in the market driving the billing rates down even further. It's better to pack up and leave. I have heard from one of the forums here that an estimated 500K people will file this month since all PDs are current. EB-3 mexico + phillipines togther alone will be close to 300K. God help the Job market.

    Also minimum wait time will be 500K/140K ~ 4 yrs before they get to process your GC. Add to that the time for namecheck backlog 2+ yrs. So total 6+ yrs before getting GC........

    lotr

    Isnt that how a market is supposed to work - on the laws of demand and supply. For every consequence there is always an unintended one. And if enought local wokers (EAD, others) are available then the laws of the market would require an automatic reduction in the number of H1b's.

    Before people start dumping on me - lets remind ourselves that we are here for a healthy debate and to appreciate ALL view points.

    Remember - It is not that important to know all the answers as it is to ask the right questions.



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  • namm80
    01-28 07:55 PM
    SpringFlower: Can u share which state/city your FP is scheduled in? I think people in crowded places like Bay area, CA get FPs later than less crowded areas.

    We got FP notices for me & my wife on 01-25-08. Finger printing date is Feb 6th, 2008. Same date, same time for both of us. Just perfect!

    We filed our I-485 application/EAD/AP on July 6th, 2007.
    Ours is a transferred case (NSS-CSC-NSC).

    Did not open any service request.

    Looks like they started processing transferred cases.
    People who have been waiting should be getting their FP notices now.

    ------------------------------------------------------------------
    Contributed $300 so far..





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  • Soul
    02-05 03:06 PM
    Thanks :bounce:

    - Soul :goatee:



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  • sujan_vatrapu
    11-03 08:39 AM
    As was said somewhere else on this forum, "lets take care of the foreigners first and then take care of the dying!" Sounds - what's the word - logical!

    lets stop this rhetoric on repubs, what about bobby jindal, marco rubio & nick haley and plz don't give explanations to distort the reality, many in the republicans sincerely support legal immigration, tell me few good things dems did to legal immigrants, aint regan the one who gave amnesty to illegals in 80s, aint bush the one who tried more than once to pass CIR, who opposed h1b fee increase recently?





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  • Daisy
    01-07 01:14 AM
    I am in exact same situation. The company that is going to sponsor my H1 checked with two attorneys and both said that I will need a fresh H1 in April07 and I can start working from Oct07. Even I never got to work on my earlier H1. I guess this is because you need previous paystubs for H1 transfer. Let me know if you hear otherwise from your attorneys.



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  • heywhat
    06-24 01:30 AM
    Bump





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  • gapala
    02-21 09:18 AM
    Sheela,

    when did this happen to you? Is it in the recent past or way back, looking at your post, it seems it was way back. Please confirm as lot of us think this is a recent development as we haven't heard anything about this until this thread.



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  • sunny1000
    05-14 11:33 PM
    I have tried everything to come back together. but it has really reached a point of not return.

    my Pd Dec 03 EB3 India. Please I need advice

    Sorry to hear about your personal life. If you and your wife agree for filing a divorce petition together, you can file for divorce by mutual consent in India. Both of you have to be present in the court when you file. The judge will decide on the case after a wait time of six months and you may have go back again for the final judgement. There is an one-year separation time that is required before you can file for mutually consented divorce in India. If you are already separated for more than a year, this is the best route.

    If not, like some one else mentioned, you can file here but, some states like NY don't have provisions for divorce based on mutual consent or irreconcilable differences. So, it will take up to a year sometimes. It is perfectly legal and valid to get a divorce in the U.S if both of you have signed the petition and have been present at the court.

    Your PD is Dec 2003 and so, you have time especially with all the projections that the EB3 quota (India) may retrogress.

    Good luck with everything.





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  • gps001
    06-26 04:02 PM
    Hi,
    Did you get a response for the question? If you already have a valid AP, or a valid H1-B visa, would this still apply?

    ie, if you have a valid AP, or a valid H1-B (stamping), can you return back to the country if there is a pending AP application?

    Thanks.

    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.





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  • alterego
    02-27 04:42 PM
    This cannot happen. Let me tell you why.
    If this is allowed, every FB applicant who basically is also waiting for a number to complete consular processing would want the same benefits and this could not be accomodated.
    CP was good at the time when you could get it processed and get a green card quicker, it would have had to be a carefully planned decision. Now once the choice is made, requesting derivative benefits of AOS would not work. It was always involving that risk.





    ItIsNotFunny
    04-13 01:56 PM
    Whatever dude!

    Don't vent your anger on me; vent it on the immigration system. Like you I also have a right to say whatever I feel. If moderators feel it is against the forum guidelines they can delete my posts or threads and I am fine with this. This is called discipline and respect for system and authority. We are using someone's property when we post on this forum. We do not own it.

    In your office do you ask your CEO/VPs to first send you a one liner explaination before he takes a decision on your project? Think about it

    Calm down guys. Just chill and think what to do next ....





    anilsal
    12-26 10:25 AM
    a couple of months can call the customer service to at least get someone look at their files.

    Demand for visas exceeds the supply.



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