axp817
04-03 09:55 AM
Thanks for contacting IV with your SOS.
An IV core member is going to be helping you to fix this with USCIS. Let us know if you need help. He already tried contacting you yesterday.
As IV grows maybe this is a help IV can extend to all its donor members and help them if they get in such extreme distress situations. This is one of the ideas we are thinking for our members in the donor group.
+1. That is fantastic.
An IV core member is going to be helping you to fix this with USCIS. Let us know if you need help. He already tried contacting you yesterday.
As IV grows maybe this is a help IV can extend to all its donor members and help them if they get in such extreme distress situations. This is one of the ideas we are thinking for our members in the donor group.
+1. That is fantastic.
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qplearn
12-20 11:23 AM
Was this is a change in the procedures of USCIS? If yes, could we not request them to increase the length of the EAD from 1 to 5 years? This will help many of us too. I need to get my DL renewed every year along with the EAD.
mbawa2574
07-07 07:19 PM
http://youtube.com/watch?v=qP79UslTUr8
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mahujam
12-17 05:59 PM
In case anybody noticed, the GREATEST friend of EB community, Senator Durbin is now the acting Chair of the Senate Judiciary Committee. In the absense of Sen. Kennedy, our GREATEST FRIEND is going to bat for us. Its going to be Great and we will see Recapture be the first bill pass in 111th congress. Congrats everyone, the GREAT participation of over a million "highly educated" "highly informed" immigrants will now be rewarded.
.
Sarcasm ? Or is he really our friend ? Bad at remembering names.
-M
.
Sarcasm ? Or is he really our friend ? Bad at remembering names.
-M
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payur
06-27 08:15 AM
You seem to have got your case approved and you have filed your wife's I485, correct me if I am wrong.
What do you say to people who have been waiting from 2002 and 2003 and 2004, as of today there is no difference for person who got labor approved in May 2007 and case with priority date May 2003. For lot of them it has been a frustrating and stressful period, mainly because their spouses have been idle.
How on earth can you come with this idea, see the traffic on this site now, when core IV team was fighting for the retrogression and other benefits for our cause, there were very few. The world is selfish buddy. I wish you good luck on this idea.
What do you say to people who have been waiting from 2002 and 2003 and 2004, as of today there is no difference for person who got labor approved in May 2007 and case with priority date May 2003. For lot of them it has been a frustrating and stressful period, mainly because their spouses have been idle.
How on earth can you come with this idea, see the traffic on this site now, when core IV team was fighting for the retrogression and other benefits for our cause, there were very few. The world is selfish buddy. I wish you good luck on this idea.
chanukya
05-30 09:57 PM
Voted just now--Aye
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salcom3
07-13 07:59 PM
I totally agree with you akgind.
Here is my daughter's case:
1994 she was 8 years old when we brought her to USA
2002 asylum case was denied, we had to go back to our country (we didn't stay illegaly)
2002 after one month we came back, with H-1 visa, daughter with H-4
2003 I applied for LC
2006 My daughter turned 21 - She had to change status to F-1 (of course college fees were triple). She is out of LC process because of her age.
2007 LC approved, she is still F-1 and paying a lot of money in tuition.
I mean, these kids like my daughter (and I am sure there are thousands like her), deserve a break too. If the DREAM ACT is going to benefit illegal persons, it should also benefit children that have waited for their parents' LC process for long years only to see their hopes destroyed.
Here is my daughter's case:
1994 she was 8 years old when we brought her to USA
2002 asylum case was denied, we had to go back to our country (we didn't stay illegaly)
2002 after one month we came back, with H-1 visa, daughter with H-4
2003 I applied for LC
2006 My daughter turned 21 - She had to change status to F-1 (of course college fees were triple). She is out of LC process because of her age.
2007 LC approved, she is still F-1 and paying a lot of money in tuition.
I mean, these kids like my daughter (and I am sure there are thousands like her), deserve a break too. If the DREAM ACT is going to benefit illegal persons, it should also benefit children that have waited for their parents' LC process for long years only to see their hopes destroyed.
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LostInGCProcess
11-02 02:33 PM
There is no such law that specifies any duration one has to be employed by GC (or AC-21) employer. Period.
However, there is a twist to it. As per law, the beneficiary MUST have intent to work for GC employer at the time of filing of I-485 and intent to work for AC-21 employer if invoking AC-21. However, this intent is to start work AFTER getting green card. The intent is subject to change, too.
By working for the employer for some duration, it is easier to demonstrate that person has intent to work for the employer for the full time job offered. This duration is not written in stone, and every lawyer interprets differently. For me (and this for just me), 90 days should be a safe duration, since it has been tested in courts that 90 days a long enough time when intent of the person can change. (This is known as 30-60-90 day intent rule). This is why lawyers usually advise to wait for 90 days when a person on single intent non-immigrant visa (such as B1 or F1) wants to file for I-130/I-140 and/or I-485.
______________________
Not a legal advice.
US citizen of Indian origin
You are the best!!! You are like the last word one could rely on.
Big fan of yours!!!
However, there is a twist to it. As per law, the beneficiary MUST have intent to work for GC employer at the time of filing of I-485 and intent to work for AC-21 employer if invoking AC-21. However, this intent is to start work AFTER getting green card. The intent is subject to change, too.
By working for the employer for some duration, it is easier to demonstrate that person has intent to work for the employer for the full time job offered. This duration is not written in stone, and every lawyer interprets differently. For me (and this for just me), 90 days should be a safe duration, since it has been tested in courts that 90 days a long enough time when intent of the person can change. (This is known as 30-60-90 day intent rule). This is why lawyers usually advise to wait for 90 days when a person on single intent non-immigrant visa (such as B1 or F1) wants to file for I-130/I-140 and/or I-485.
______________________
Not a legal advice.
US citizen of Indian origin
You are the best!!! You are like the last word one could rely on.
Big fan of yours!!!
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Jaime
08-31 04:32 PM
Media always narrates and presents it in a form where the commoner can understand, it needs spice.
Let us hope that we get more media attention and people start listen to us.
That’s the key hereGuys, this article is 100% correct. There are about 1 million people stuck at various stages of the green card process, H-4 dependents cannot work, and H-1Bs cannot get salary raises. Don't detract from such a good and accurate article.
Let us hope that we get more media attention and people start listen to us.
That’s the key hereGuys, this article is 100% correct. There are about 1 million people stuck at various stages of the green card process, H-4 dependents cannot work, and H-1Bs cannot get salary raises. Don't detract from such a good and accurate article.
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mirage
03-11 04:35 PM
No sir, I remember they provided them with lot of information, it's just that these 2 Senators want to kill H1B program, they had replied to him or not is immaterial.."non answer" meant they didn't answer his questions but rather gave some vague reply of how h-1 was good for usa.
If I was on the receivng end of that response; I would have thought that these guys are playing with me and by not answering the quesitons; then they are obviously trying to hide something. Therefore, I will attack them in another way to make them conform to the behaviour I want.
If I was on the receivng end of that response; I would have thought that these guys are playing with me and by not answering the quesitons; then they are obviously trying to hide something. Therefore, I will attack them in another way to make them conform to the behaviour I want.
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peacocklover
08-03 07:24 AM
Yes, I agree.. those roaches need to be crushed down with good governance..Unique Identification Authority of India (UIDAI (http://en.wikipedia.org/wiki/Unique_Identification_Authority_of_India)) project is the first step of that process to have transparency to credit system, risk assessment, tax accountability, govt spending, crime control and so many others.. ... I think it will be a reality in next few years. similar development perspective is up with china now..they increased domestic consumption rather focusing only on exports..
US needs revise this per country limit based EB immigration policies to stop reverse brain drain otherwise it will be loose the talent and the edge in research power which is the heart beat of US economy..
If Indian bureaucracy is improved, corruption is drastically reduced and transparency is increased, India is the best place. But will this happen with this corrupt minded, useless and nasty politicians?
US needs revise this per country limit based EB immigration policies to stop reverse brain drain otherwise it will be loose the talent and the edge in research power which is the heart beat of US economy..
If Indian bureaucracy is improved, corruption is drastically reduced and transparency is increased, India is the best place. But will this happen with this corrupt minded, useless and nasty politicians?
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black_logs
01-19 08:51 AM
Guys we had a conference call with the CA folks yesterday. It was an excellent call people came forward with new ideas. Let's discuss all that on this forum here.
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MindGlow
04-03 08:54 AM
sent #10 & #11
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Bthram
06-06 12:26 AM
My manager surprised me today saying that I was promoted yesterday from a programmer analyst to a systems analyst. I have an approved i-140 and have filed my 485. My priority date for EB3 is current. I also have a 3 year extension of H1B.
There is no change in the job responsibilities.
Question:
1. How soon should I file my AC21 request?
2. What is the impact of this promotion on my H1B?
3. I have waited for 7 years and I may be close to getting my Green Card. How does the AC 21 impact my pending 485?
I declined my promotion. My manager said that it would take a lot of effort to unwind this promotion. He was not pleased with my request.
Any ideas?
There is no change in the job responsibilities.
Question:
1. How soon should I file my AC21 request?
2. What is the impact of this promotion on my H1B?
3. I have waited for 7 years and I may be close to getting my Green Card. How does the AC 21 impact my pending 485?
I declined my promotion. My manager said that it would take a lot of effort to unwind this promotion. He was not pleased with my request.
Any ideas?
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maximus
11-07 12:28 PM
EB2I Mar 05
EB3I Nov 01
EB3I Nov 01
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inthehole
08-27 09:43 AM
SC: Nebraska
Renewal
RD: 06/16
FP: 07/11
RFE 07/30
RFE received 08/04
RFE response sent and received by uscis 08/07
Expedite request 08/15
Expedite request accepted 08/19
waiting...
.
.
.
.
Current EAD expires Sep 26
Renewal
RD: 06/16
FP: 07/11
RFE 07/30
RFE received 08/04
RFE response sent and received by uscis 08/07
Expedite request 08/15
Expedite request accepted 08/19
waiting...
.
.
.
.
Current EAD expires Sep 26
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lazycis
12-18 02:21 PM
Thanks to paragpujara for giving me the offical AC-21 Q/A memo. Thank you.
Quick question:
If I file AC-21 Memo to USCIS and I got laid off from my previous job 14 days prior to 180days and started the new job 14 days prior to 180days and the petitioner employer will not revoke I-140, will that cause any issue?
Do i have to show to USCIS that I started my new job after 180 days?
That will be a big issue. You do have to show that I-485 has been pending for 180 days before you changed jobs.
https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2006cv0584-10
"Thus, it is beyond dispute that Mr. Mawalla�s job change occurred on or before September 17, 2004 � 141 days after he filed his I-485 application. Because he changed jobs before his I-485 application had been pending for 180 days, Mr. Mawalla�s I-140 did not remain valid under AC21. USCIS therefore correctly denied his I-485 application on the ground that he did not have a valid and current visa to support his adjustment of status."
Quick question:
If I file AC-21 Memo to USCIS and I got laid off from my previous job 14 days prior to 180days and started the new job 14 days prior to 180days and the petitioner employer will not revoke I-140, will that cause any issue?
Do i have to show to USCIS that I started my new job after 180 days?
That will be a big issue. You do have to show that I-485 has been pending for 180 days before you changed jobs.
https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2006cv0584-10
"Thus, it is beyond dispute that Mr. Mawalla�s job change occurred on or before September 17, 2004 � 141 days after he filed his I-485 application. Because he changed jobs before his I-485 application had been pending for 180 days, Mr. Mawalla�s I-140 did not remain valid under AC21. USCIS therefore correctly denied his I-485 application on the ground that he did not have a valid and current visa to support his adjustment of status."
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prakgc
07-26 01:07 PM
According to the pattern the next one is due tomorrow,
http://www.uscis.gov/files/pressrelease/ReceiptingTimes06Jul07.pdf
http://www.uscis.gov/files/pressrelease/ReceiptingTimes13Jul07.pdf
http://www.uscis.gov/files/pressrelease/ReceiptingTimes20Jul07.pdf
http://www.uscis.gov/files/pressrelease/ReceiptingTimes27Jul07.pdf
The last link (Times27..) one doesn't open btw
http://www.uscis.gov/files/pressrelease/ReceiptingTimes06Jul07.pdf
http://www.uscis.gov/files/pressrelease/ReceiptingTimes13Jul07.pdf
http://www.uscis.gov/files/pressrelease/ReceiptingTimes20Jul07.pdf
http://www.uscis.gov/files/pressrelease/ReceiptingTimes27Jul07.pdf
The last link (Times27..) one doesn't open btw
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stemcell
01-10 11:04 AM
Shamu
Hospitals will NOT provide medical insurance. They can provide financial assistance based on your income if you do qualify. Usually it is a payment plan after some discounts on the total cost of the care provided.
Secondly if you are looking for maternity coverage after getting pregnant the premiums are going to be high, and mostly the insurance companies deny coverage.
Thirdly i would check with your local medicaid office which on occasion do provide emergency maternity coverage even for legal immigrants in some states.
Hospitals will NOT provide medical insurance. They can provide financial assistance based on your income if you do qualify. Usually it is a payment plan after some discounts on the total cost of the care provided.
Secondly if you are looking for maternity coverage after getting pregnant the premiums are going to be high, and mostly the insurance companies deny coverage.
Thirdly i would check with your local medicaid office which on occasion do provide emergency maternity coverage even for legal immigrants in some states.
JazzByTheBay
10-06 04:48 AM
Why do fingerprints matter so much?
As long as you already have the interim benefits - the EADs & APs - taken care of, what's the significance of FPs?
jazz
Transfer people are stuck for FP notices... If only csc could have done the FP along with the ead/ap...
As long as you already have the interim benefits - the EADs & APs - taken care of, what's the significance of FPs?
jazz
Transfer people are stuck for FP notices... If only csc could have done the FP along with the ead/ap...
wahwah
06-05 10:28 AM
you are correct. the new memo requires the adjudicator to approve the old i-140 first and then determine eligibility for porting. it doesn't mean that you can't port if i140 has not been approved.
actually that is not what i understand...though we should wait for
1. some lawyer to come up with clarifications.
2. updates to the adjudicator field manual.
i think this still upholds the memorandum with regards to porting off on unapproved i-140. if you notice the case they have cited "Matter of Al Wazzan" is date Oct, 2005 where as the favourable Yates memo came out in Dec 2005.
what i understand is that they are just reiterating that porting off on unapproved i-140 is not automatic and requires that the adjudicator decide on the pending i-140 first before deciding wether the porting off is protected under AC21 or not.
but again...i myself am waiting for clarifications from immigration law websites like murthy.com and immigration-law.com etc.
actually that is not what i understand...though we should wait for
1. some lawyer to come up with clarifications.
2. updates to the adjudicator field manual.
i think this still upholds the memorandum with regards to porting off on unapproved i-140. if you notice the case they have cited "Matter of Al Wazzan" is date Oct, 2005 where as the favourable Yates memo came out in Dec 2005.
what i understand is that they are just reiterating that porting off on unapproved i-140 is not automatic and requires that the adjudicator decide on the pending i-140 first before deciding wether the porting off is protected under AC21 or not.
but again...i myself am waiting for clarifications from immigration law websites like murthy.com and immigration-law.com etc.
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