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  • suhanya
    08-13 09:50 PM
    I have a pending AOS (I-485) application
    filed by my previous employer (company A). The I-140 is approved and is well
    past 180 days. I moved from company A to company B in late April
    2008. They did an H1 transfer and filed for AOS portability under
    AC21. I did not like the role there, so had planned a move to Company C, my current employer - again H1 transfer and AC21 (yet to
    be filed). Just before I moved, I got another offer from company D
    (which I believe best fits my long term career interests). I would've
    avoided the hop to company C had I not given the notice to leave at
    Company B. Now, I am looking to move to company D at the earliest (perhaps in a month). I have
    been at company C for 4 weeks now.

    Question:
    Should company C file an AC21? Since there is already an AC21 on file (by
    company B) and if I will move to company D, can I reduce one additional AC21
    filing? This is just so that there aren't 3 Ac21s filed and to avoid
    making me look frivolous. Please advice. If its safer to file it, I
    can request an AC21 filing soon from company C.





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  • dummgelauft
    11-04 12:08 PM
    Coming soon..Rated R, for SCARY IMAGES....will make EVERYONE cry!!
    Playing on a computer screen near you!!!.....

    'V-I-S-A B-U-L-L-E-T-I-N...DECEMBER 2009"


    *Disclaimer: Can cause serious mental distress, suicidal thougths, depression, excessive alcohol consumption. Not recommended for EB-XI/C, EB-3 ROW.Country of birth restrictions apply.





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  • satishku_2000
    05-22 04:36 PM
    Guys I am planning to send this email to my american freinds , Any input to improve this really helpful before I send it out. If I write lengthy technical mumbo jumbo most people dont get it.


    -----


    Five reasons why I oppose immigration reform bill in its current form.


    1. This bill in its current form does nothing to reduce the current backlog of employment based backlog of green cards. This bill infect reduces number of legal immigrant visas from 140000 to 90000 immediately for people who are waiting line legally and been paying taxes and contributing in fields of Computers , technology , pharmacy , nursing.


    2. This bill makes things difficult/impossible of renewal of legal visas for me and my sister(both of us are on H1B).This bill changes renewal of H1B from three years to one year even if green card application is pending where as undocumented/illegal persons can renew their Z visa unlimited number of times even if they have no intention of applying for green card.



    3. This bill puts more restrictions on H1B visa while awarding Z1 visa for undocumented /illegal persons with far less restrictions. Z1 visa can be self petitioned, they can work for any employer of their choice and job of their choice and they don’t even have to work as long as they go to school. H1B is far more restrictive, H1b visa holder is held hostage by employer and employer has to file the documentation for eligible candidate.


    4. This bill does nothing to lift the per country allocation of green cards for legal/merit based applicants of green cards. If merit is the criteria for green card why should it matter what nation one comes from. Amazing thing about this bill is that if you are illegal and have a Z1 visa it does not matter what country you are from, NO COUNTRY BASED CAPS FOR UNDOCUMENTED/ILLEGALS (They are no more illegal because they have Z1 visa)while applying green card.


    5. New merit based system that senate is planning to introduce is totally skewed towards illegal/undocumented people as well. Some of the key points, If you have a Z1 VISA(ILLEGAL/UNDOCUMENTED) and own a home you get some points in green card , If you are legally here and paying taxes and own a home you don’t get any points. If you have a Z1 VISA (ILLEGAL/UNDOCUMENTED) and have health insurance you get some points in green card, if you are legally waiting in line and have health insurance for whole family you don’t get any points. If you have Z1 visa (ILLEGAL/UNDOCUMENTED) and you have kids, Kids get Green card in 3 years. If you are legal and you have kids, Kids don’t get anything unless they become illegal and wait for next amnesty or legalization.






    Please call your Senator and Congressman and let them know that this bill punishes people who are following rules while awarding undocumented people. This is not a letter from anti immigrant bigot who opposes every thing based upon talking points circulated. This email is a reflection of my thoughts and what I am asking for a fair deal in the process. Please send this to as many American citizens as you can.





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  • clockwork
    08-08 12:15 AM
    Even if I back date my marriage (as advised) , How can I get my future wife to USA?. I cannot get her on depend status as my H1-B (I believe) got canceled on approval of GC.

    Issues I see,

    1. The back date of marriage must match to my stay at India.

    2. I did not visit India in the last one year.

    3. I applied my I-485 in the August 2008 time. So (I must mention my marriage and dependents in the application). Which I did not . So this does not work.

    See the troubles I have now.

    P.S: I did not want to cheat USA Immigration Dept. Not a good practice


    Let me know if there are any guanine ways.


    I dont have any better idea than what other ppl are suggesting.....But

    If i were in your place, i would have arranged register marriage in july itself :) after seeing the august visa bulleting then apply for spouse I-485 on the 1st day of August 08. This solves 2 problems, the one currently u r facing and the other chance of applying I-485 for your spouse. Later, you cud have followed ritual marriage as arranged by your parents....

    Best of luck.



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  • eb3_nepa
    02-21 04:26 PM
    :D This is so true of Desis. Atleast the illegals have the guts to openly conduct a rally.

    It's ridiculous how some Desi minds function. I mean they seem to think "Kuch na Kuch to anth aayega hi, this cannot last forever". Arre bhiayya, if we dont do anything to end this, how is it going to end??





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  • logiclife
    12-28 12:44 PM
    There are more risks in using AC21 before 140 approval.

    Read the Aytes memo of Dec 2005 regarding portability before 140 approval. There is all kinds of things that can go wrong if you port off to a new employer before 140 approval.

    Other than employer withdrawing 140, the other issues are that if there is an RFE on your 140 and you have already used portability and ported off to new employer using EAD, then what would you do if that 140 doesnt get approved. Because if your H1 6 years have been used up, you are on EAD status, and your underlying 140 tied to 485 doesnt get approved, then it means you are out of status and you are out of luck. You cant even stay here to appeal the whole thing, you have to pack up and go back.



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  • baburob2
    02-04 10:20 PM
    guys i posted flyers in areas around LA at Artesia, Temples/Grocery stores around Orange County. Will do more of posting around LA. If you know of places around LA where there can be more of Indians, Chinese, Filipinos please let me know I will post them and try to talk to people around.





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  • jsb
    01-14 11:01 AM
    Tired of waiting ( PD: August 2001) I finally wrote to both my local congressman and Senator today. My senator is on senate Immigration commitee so lets see what happens. Hopefully something will move.
    If this doesnt help I will try Ombudsman next after couple of months. The Ombudsman form has a question of if you have tried through Congressman etc first so we can try and see that.

    Guys its so funny when you see ppl with PD of 2003 and 2005 complaining and bitching. Here we have waited 7 + yrs our PD's are current and we are doing OK. Wait sure brings maturity :)

    USCIS does not process cases in PD order, because they can't. Thousands of files they receive, are sequenced in order they receive them at Centers. They claim that cases are processed in order they receive them. "Receive Date" is not what you see on your receipt, it is the date they physically received the case on (thus if case is moved from one center to another, true Receive Date is the date it was recieved by the last center). You see this data online status as "...we received (or transferred) your case on ...".

    PD critieria is limited to certain countries only. Therefore, by and large, "cases are processed in order they are received..." works well. However, for India, China etc. where PD cutoff has to be factored, it is used merely to decide to work or skip a file (when seen in the receive date order). If PD cutoff date is very restricted, they will have to skip a lot of cases, which slows them down. That's the reason every July they ask for wider PD cutoff dates so that they can consume a lot of visas, as they don't have to skip that many cases.

    This process is a mockery of the PD cutoff dates, but that's how it works. If you sent your case on June 28, 07, with July 2, 07 as the printed Receive Data on your receipt, but the case where it finally rested, was entered in their database on Oct. 28, '07 (with a Notice Date soon thereafter), you case will not be looked at, no matter what the PD cutoff date is, unless all cases received before Oct. 28, '07 have been reviewed.



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  • gcgreen
    08-12 01:12 PM
    I do not know how feasible this is, but if in your employment letter, there is a description of responsibilities, and additionally a statement like: "The job being offered to XXX falls under O-NET classification 15-1031," then you are completely covered, because the employer is positing that the job being offered to you falls under that classification. Again, don't emphasize technologies etc., just the job description and mainly classification.

    The AC21 language is very clear: "same or similar occupational classification"

    It does not say job responsibilities or job title. These are interpretations of that term and used to DETERMINE the occupational classification. So as long as the occupational classification matches or is similar, you should be fine.

    Also, the O-NET classification is from SOC which stands for "standard OCCUPATIONAL CLASSIFICATION." It can't get any clearer than that :-)

    As always, my cautionary statement: I am not a lawyer, just applying common sense interpretation to the terms.

    In that case, both my old and new job (responsibilities and titles) fall under 15-1031.00 if we take into consideration a broader classification where job duties are the same but technologies are probably 60% same but some technologies mentioned in my L/C are obsolete and my current employer does not list those technologies.





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  • shreekhand
    04-14 08:14 PM
    Now, it is certainly ridiculous for you and your spouse to renew your drivers license's every 6 months...

    That said, it is not a wild assumption that a decision on a I-485 application cannot be made in 6 months, all of those who are not retrogressed get it in that time frame...

    Further, since the DMV actually checks the status with USCIS... (in most states) why would they care what the document says ?


    I just got back from a lengthy fight with my local and state DMV offices to convince them I'm legal to continue having a drivers license. I'm EB, in the adjustment of status stage since July 2007. DMV asked me recently for proof for status check. I took the pending I-485 receipt and while they told me it is an acceptable proof, they said they have a rule that if the document has no expiration date, they can only give you a driver license with validity 6 months beyond the receipt date of your document (with the wild assumption that any I-485 application is approved or denied within 6 months)
    I have nothing against local government and their agencies enforcing immigration, but if you won't give your staff the necessary training to comprehend what legal immigration status is then it will be a disaster



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  • imconfused
    07-13 03:13 PM
    what does that mean?





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  • prioritydate
    08-09 11:25 PM
    Still cannot believe that 2004 cases are not getting approved!!!

    This is ridiculous!



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  • nrk
    10-26 08:05 PM
    Hi Guys,

    I am EB2 I with a priority date of April 2006 (Direct labor applied and approved from employer A, I 140 applied and approved from Employer A, Filed 485 from Employer A itself)

    Moved to Employer B using EAD in 2009 January. (Almost after 18 months after getting EAD)

    10/15/2009 i called the TSC and asked the representative to know whether my case is pre approved or not. the representative told me that he does not have any of that data and opening a SR will let us know. i opened one SR on the same day.

    I got a mail just now, with the following text in it.

    "The status of your request is

    Your case is on hold because your appear to be inadmissible under the current law

    Rather than denying your application based on inadmissibility, we are placing your case on hold while the Department of Homeland security considers additional exercises of the security of Homeland security discretionary exemption authority.

    Such an exercise of the exemption authority might allow us to approve the case."


    What does this mean, any one has some idea about it.





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  • rockstart
    05-15 08:32 AM
    Yes and any one who feels bad can take admission and complete MS. It takes 3-4 semesters any ways.



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  • StuckInTheMuck
    07-25 11:22 AM
    Take Infopass appointment to relieve your anxiety little bit . I took infopass on Aug 8 to know what is happening to my I-485
    Did not know infopass is a cure for anxiety and sleeplessness. Lot of doctors are about to lose their patients :)





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  • needhelp!
    01-12 11:21 AM
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    I know several ladies from my Bradley class who have delivered their babies there and have great reviews.

    Their total fee is $4,950 for all the prenatal care and normal pregnancy and delivery (no insurance).

    Also anyone who wants to avoid medicated deliveries should check out Bradley classes.



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  • logiclife
    03-29 01:31 PM
    Good work.

    Please send an email to Varsha or Sanjay asap with exactly what you have posted above.

    I would request everyone who finishes the meeting to :

    1. Prepare a summary like Gajendra has done above, and email that to Varsha and Sanjay. Do not post here too much details.

    2. If you do post details of your meeting here to encourage others by telling them how good the meeting was, please do not disclose the names of staff members you met with. But put those details and names for followup meetings in the email you send to Varsha and Sanjay.

    Thanks.





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  • santa123
    12-01 07:39 PM
    Thanks Santa for your reply.

    I received an RFE. But it was on accreditation of my MBA school. There was no RFE on bachelors degree. My lawyer replied to the RFE on accreditation. In response, there was straight denial without even notice of Intent to deny citing 3 year bachlor degree.

    Yes, we submitted education evaluation along with I-140. The evaluation was done by Trustforte. When we received the RFE on accredidation, we sent second evaluation from Trustforte but this time a detailed course by course evaluation of MBA.

    In the evaluation that was done, the evaluator equated my Indian MBA with US MBA and there was no mention about bachelors.

    Please advice if I need to do something different this time.

    Santa, could you please give me the case number of the AAO case handled by Murthy so that I could download the same from the USCIS website.

    Here is the link:
    http://www.murthy.com/news/n_combdg.html

    Why the heck is USCIS bothered about your bachelors when your Labor clearly says Masters required? I think you have a strong case since the RFE did not mention anything about your bachelors. What is your attorney saying? why didnt your ed evaluator mention anything about your bachelors? Will it help if you could evalute your qualifications from another agency, wherein they could prove that you had enough credits and class hours in your bachelors to be equal to US 4 yr courses?

    I am sure there are many helpful folks on this forum who could also guide you on your case. They may have had first hand experience in such situations. Do keep us posted.

    Good luck!





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  • gc_check
    05-11 01:27 PM
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    GCOP
    04-20 12:40 PM
    Friends,
    The previous post has a very good draft, but in addition, we should add recapture of unused visas. Let's hope for the best. Thanks





    sbabunle
    01-31 02:58 PM
    Well again...if they allow to file 485, most of those folks will
    file EAD and Parole too.. more money and more money :D

    Its the same reason they wont discontinue Green Card lottery.
    I think last time about 5mil people participated with $100 entry fee.
    So its $500 Mil dollars..thats half a billion.....Nobody would kill the
    goose who lays golden eggs... :D :D :D :D




    Well, you are bringing up a very good point. May be we can setup a webfax event to USCIS, for allowing us to I-485 even if PD is not current, so that they can reap the exact benefit of this fees hike.

    Core members - what say you???



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