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rajuseattle
07-14 05:31 PM
ajthakur,
You should have wait for at least 6 months before switching jobs.
You can talk to the attorney who can give you some advice on AC-21.
Per Ac-21 provisions you r very safe if you switch jobs after 180 days, even without letting USCIS know about it. Yours is a different situation as you switched job just 1 month after filing I-485, and it could be difficult for any attorney to make AC-21 arguments in your favour.
Your best bet if USCIS let you do the AC-21 switching and use the employment letter from the new EMployer who is sponsoring your H1B visa, if u dont respond to this RFE they may very well deny your I-485, remember the I-485 is dependent for at least 180 days on the underlying I-140 petition filed by the GC sponsoring employer, after 180 days you are free to take new job position in the similar field with same salary mentioned in your approved LC or salary greater than the one on aprroved LC.
Please cosult with a competent immigration attorney and try to make argument using the AC-21...thats your last hope to save your PD.
USCIS will know about your job switching as they have all the information when you transfer your H1B visa and received 3 yr extention. Be truthful here and state that you intent to be employed with the original sponsor, but due to circumstances you were forced to switch the job and your new employer is willing to sponsor your employment and you are in legal status while I-485 is pending since July 2007.
Hope this helps...I am not an attorney, but thought my few cents might help you.
You should have wait for at least 6 months before switching jobs.
You can talk to the attorney who can give you some advice on AC-21.
Per Ac-21 provisions you r very safe if you switch jobs after 180 days, even without letting USCIS know about it. Yours is a different situation as you switched job just 1 month after filing I-485, and it could be difficult for any attorney to make AC-21 arguments in your favour.
Your best bet if USCIS let you do the AC-21 switching and use the employment letter from the new EMployer who is sponsoring your H1B visa, if u dont respond to this RFE they may very well deny your I-485, remember the I-485 is dependent for at least 180 days on the underlying I-140 petition filed by the GC sponsoring employer, after 180 days you are free to take new job position in the similar field with same salary mentioned in your approved LC or salary greater than the one on aprroved LC.
Please cosult with a competent immigration attorney and try to make argument using the AC-21...thats your last hope to save your PD.
USCIS will know about your job switching as they have all the information when you transfer your H1B visa and received 3 yr extention. Be truthful here and state that you intent to be employed with the original sponsor, but due to circumstances you were forced to switch the job and your new employer is willing to sponsor your employment and you are in legal status while I-485 is pending since July 2007.
Hope this helps...I am not an attorney, but thought my few cents might help you.
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cool_guy_onnet1
02-21 10:31 AM
From ,
1. In Fy08, there were 189 EB2 India approvals.
2. Assume annual quota for Eb2 India is X (Correct me if i'm wrong but i think this equates to 2800?)
3. So 189 approvals = 2800 actual approvals. A ratio of 6.75%.
Upto Dec31, 03, there are still about 330 or so pending Eb2 India cases. Using the 6.75% representation, it would mean that there are about 4900 Eb2 India cases pending.
NOT EVERYONE REGISTERS AT THESE POS SITES. lol
C'mon be realistic.
1. In Fy08, there were 189 EB2 India approvals.
2. Assume annual quota for Eb2 India is X (Correct me if i'm wrong but i think this equates to 2800?)
3. So 189 approvals = 2800 actual approvals. A ratio of 6.75%.
Upto Dec31, 03, there are still about 330 or so pending Eb2 India cases. Using the 6.75% representation, it would mean that there are about 4900 Eb2 India cases pending.
NOT EVERYONE REGISTERS AT THESE POS SITES. lol
C'mon be realistic.
ajthakur
07-14 06:52 PM
I dont remember any LUD on 140 after it was approved. I didnt pay attention to it. I just know now there is a LUD for 7/13/2008.
7/13 LUD is inconclusive. There's a separate thread on IV discussing this where EB-2 folks have seen a 07/13 LUD w/o AC-21. Do you remember seeing a change in your I-140 LUD after approval in 2006 and before last week when they generated your RFE?
if there was a LUD, this is a high possibility that your previous employer revoked I-140.
This RFE can not be generated out of the blues. Using H-1B Xfr instead of EAD has absolutely nothing to do with validity of your AC-21. At least i am not aware of any correlation between the two.
7/13 LUD is inconclusive. There's a separate thread on IV discussing this where EB-2 folks have seen a 07/13 LUD w/o AC-21. Do you remember seeing a change in your I-140 LUD after approval in 2006 and before last week when they generated your RFE?
if there was a LUD, this is a high possibility that your previous employer revoked I-140.
This RFE can not be generated out of the blues. Using H-1B Xfr instead of EAD has absolutely nothing to do with validity of your AC-21. At least i am not aware of any correlation between the two.
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Openarms
10-16 05:09 PM
This is one of the most important issue on this forum that ever taken care. I will do send letter with in couple of days.
more...
tapukakababa
07-18 10:01 AM
can some one call 1-800-375-5283, with ext 1,2,3,6 and talk to a person at USCIS and see what they know about the applications on july 2nd. i am on the pacific coast and it is still not 8 here. seems like they only talk between 8 and 6
what should we ask them for if we call, 'coz they might not have entered our file in their system yet.
what should we ask them for if we call, 'coz they might not have entered our file in their system yet.
insbaby
07-18 05:02 AM
USCIS did not say that they will return the application and they should be refilled.
With their announcement on July 17th, they have about 16 more days in this month left. It is a heavy workload for them to reject all the petitions (minimum 200K packages) which is unnecessary work and cost enourmous amount of money.
Also they will not invite another problem if the do not give sufficient time to the clients to file, what if someone receives the package Auguest 15. That will be another mess up.
It looks like SCs have rejected some applications on the same day (July 2nd), those applicants should have already received them(on July 3rd or 4th). They have to refile. Rejections after July 17th may not be true.
My lawer says:
Your application has reached INS on July 2nd and upon the statement from USIC on July 17th, it will be accepted.
With their announcement on July 17th, they have about 16 more days in this month left. It is a heavy workload for them to reject all the petitions (minimum 200K packages) which is unnecessary work and cost enourmous amount of money.
Also they will not invite another problem if the do not give sufficient time to the clients to file, what if someone receives the package Auguest 15. That will be another mess up.
It looks like SCs have rejected some applications on the same day (July 2nd), those applicants should have already received them(on July 3rd or 4th). They have to refile. Rejections after July 17th may not be true.
My lawer says:
Your application has reached INS on July 2nd and upon the statement from USIC on July 17th, it will be accepted.
more...
paskal
01-21 02:21 AM
i like the way you did this
i wonder though if it's better to adjust it for depnedents
per USCIS figures the average is 2.5 individuals in a family for each approval
The timeline is stunninh when you put that in.
I will retire or die before a GC......!
i wonder though if it's better to adjust it for depnedents
per USCIS figures the average is 2.5 individuals in a family for each approval
The timeline is stunninh when you put that in.
I will retire or die before a GC......!
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justAnotherFile
07-12 07:53 PM
i believe the argument that this sudden jump was made to help eb2 china is pure hogwash.
quoting from july visa bulletin as someone had pasted before
"Since Section 203(e)(1) of the Act requires that such unused numbers be made available strictly in priority date order, the China and India applicants have been subject to the identical cut-off date. As there are more Employment Second preference applicants from India and the Indian applicants may have earlier priority dates, it is likely that Indian applicants will receive a larger portion of the available numbers than Chinese applicants"
the dos has itself stated that these overflow number have to be allocated strictly according to pd order in order to abide by the law. they are not going to publicly state this and one month later do quite the opposite.
it must be truly a case of the uscis not providing sufficient number of approvable cases. now there could be some leeway there for uscis to help eb2-china by withholding some earlier pd indian applications saying they ar e not in approvable state. but i hope that is not the case.
quoting from july visa bulletin as someone had pasted before
"Since Section 203(e)(1) of the Act requires that such unused numbers be made available strictly in priority date order, the China and India applicants have been subject to the identical cut-off date. As there are more Employment Second preference applicants from India and the Indian applicants may have earlier priority dates, it is likely that Indian applicants will receive a larger portion of the available numbers than Chinese applicants"
the dos has itself stated that these overflow number have to be allocated strictly according to pd order in order to abide by the law. they are not going to publicly state this and one month later do quite the opposite.
it must be truly a case of the uscis not providing sufficient number of approvable cases. now there could be some leeway there for uscis to help eb2-china by withholding some earlier pd indian applications saying they ar e not in approvable state. but i hope that is not the case.
more...
GreenLantern
02-15 09:19 PM
Jesus man, that is sick!
I don't think I can keep up with you guys.
I don't think I can keep up with you guys.
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jayleno
10-15 03:31 PM
Buddy did you even read what I said???
Looks like you have a plan here. Yep.. lets go ahead and irritate the hell out of USCIS and every agency out there.
I'm out of here guys
All the best..
Looks like you have a plan here. Yep.. lets go ahead and irritate the hell out of USCIS and every agency out there.
I'm out of here guys
All the best..
more...
test101
07-05 03:24 PM
what a waste of time.People should be working side by side to make media,congress, sentors aware of the our problem. Instead of fighting about making the website free or not.
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vin13
02-12 07:40 AM
I think it is important to understand and read what is being said. The information was not claimed to be true or false. The message was conveyed based on the information given. Now, everyone is free to evaluate and give their opinion on the information. There is no need to go for a personal attack.
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GotGC??
04-20 02:23 PM
[SIZE=3]Attn: California Members � Please participate in this event to support STRIVE ACT.
Will be there ! Go IV !!
Will be there ! Go IV !!
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mirage
02-03 08:17 AM
Guys,
I know ROW country may not like this thread, but look at EB-3 India or China, put yourself in our shoes and than you may realize how unfair this country is. In this unprecedented financial turmoil, I feel there are very remote chances for CIR or any package which increase immigration etc would pass, I am taking this initiative to gather as many people I can and go to washington. Again this is not an IV effort. If you are with me , you can spare some time or few days in Washington, please PM me. our sole agenda is bring a 2 line bill to remove country quota...
I know ROW country may not like this thread, but look at EB-3 India or China, put yourself in our shoes and than you may realize how unfair this country is. In this unprecedented financial turmoil, I feel there are very remote chances for CIR or any package which increase immigration etc would pass, I am taking this initiative to gather as many people I can and go to washington. Again this is not an IV effort. If you are with me , you can spare some time or few days in Washington, please PM me. our sole agenda is bring a 2 line bill to remove country quota...
more...
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Roger Binny
10-11 08:13 PM
There are so many illegal immigrats working as lawn tenders, cleaners at stores....why doens't USCIS go after them? They are easy to spot and can be found anywhere...why harrass students?
USCIS perceives students are smart and sets standards by following rules than uneducated brothers.
It's not harassing it has altogether different meaning, i too doesn't know when they first asked me, but one needs to keep cool and explain the reality it would work.
I agree with other OP saying checking bio-metric is best than carrying these important documents around, all we know it need big budget.
USCIS perceives students are smart and sets standards by following rules than uneducated brothers.
It's not harassing it has altogether different meaning, i too doesn't know when they first asked me, but one needs to keep cool and explain the reality it would work.
I agree with other OP saying checking bio-metric is best than carrying these important documents around, all we know it need big budget.
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pappu
02-22 12:28 PM
Pls post your schedule and location on the the IV agenda thread so that it is visible on the homepage. Urge more NJ members to come to the temple to help you distribute flyers and talk to interested people.They will also have a chance to and meet other NJ chapter members. At least one core member will also come for this and everyone will have a chance to meet and ask any questions.
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abc
12-13 03:36 PM
I am planning to forget GC and move on with new company.
For new company to file EB2 based on BS + 6 years experience. What kind of experience letter we will need from old company.
AS you know desi companies dont give experience letters, how do people manage to show old experiences and file for EB2 in new company ?
For new company to file EB2 based on BS + 6 years experience. What kind of experience letter we will need from old company.
AS you know desi companies dont give experience letters, how do people manage to show old experiences and file for EB2 in new company ?
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sroyc
02-14 09:57 PM
The current case is over 50% of H-1B issued to Indian and Chinese every year. And that is why now most people here are waiting.
Do you think RoW H-1B applicants should shout loud and ask for the country limit to be set on H-1B?
That would be one way of preventing the creation of two different classes of skilled immigrant workers in the workforce. Please note that the distinction between these classes is not based on profession or skill level but based on country of birth.
It simply defies common sense that the quota is not enforced anywhere in the immigration pipeline except the I-485 approval. I would be more accepting of this policy if it were applied uniformly - while issuing student and work visas, PERM and I-140 applications along with the I-485 application.
Do you think RoW H-1B applicants should shout loud and ask for the country limit to be set on H-1B?
That would be one way of preventing the creation of two different classes of skilled immigrant workers in the workforce. Please note that the distinction between these classes is not based on profession or skill level but based on country of birth.
It simply defies common sense that the quota is not enforced anywhere in the immigration pipeline except the I-485 approval. I would be more accepting of this policy if it were applied uniformly - while issuing student and work visas, PERM and I-140 applications along with the I-485 application.
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gaz
10-16 10:44 AM
how about a flower campaign (or any other attention seeking campaign like calculators/ timers etc) for the media to highlight our issues and make the general public aware of this inhuman treatment meted out by USCIS/ DOS?
in this election year, there is little chance of any campaign targeted at a government agency working... the political will/ need does not exist. so how about at least generating a little more awareness of the cause?
in this election year, there is little chance of any campaign targeted at a government agency working... the political will/ need does not exist. so how about at least generating a little more awareness of the cause?
Macaca
01-26 08:29 AM
Finally, I understood the purpose of this forum. No, the title is not wrong.
I understand that you are
1. explaining retrogression, and
2. predicting time it will take a person to get GC.
The above are based on
1. applications with USCIS, and
2. USCIS policy to approve GC.
If this is true, it is the first good idea I have seen here. Alisa for president! (Arnold, California Gov, is working on changing rules for naturalized citizens).
I have the following suggestions. I will help after I read everything. Give me some time.
1. Indians are over-represented in IV. Consider the case of a country that is doing better and mention countries that are worst.
2. Write a short paragraph that goes in IV email sales pitch. This has a URL to this complete report.
3. This complete report has URL to USCIS data.
4. We work on similar report (with URLs) on lobbying effort and funding level of anti-immigration organizations.
USCIS numbers and rules are not the only factors against us. The anti-immigrants are a much bigger factor.
5. IV email sales pitch has a para with URL on
a. explaining retrogression (this report).
b. lobbying effort and funding level of opponents (next report).
c. IV's experience with legislation.
d. BEGing for contributions.
6. KISS principle baby: Keep It Simple, Stupid. Too much gymnastics in IV writeups.
I understand that you are
1. explaining retrogression, and
2. predicting time it will take a person to get GC.
The above are based on
1. applications with USCIS, and
2. USCIS policy to approve GC.
If this is true, it is the first good idea I have seen here. Alisa for president! (Arnold, California Gov, is working on changing rules for naturalized citizens).
I have the following suggestions. I will help after I read everything. Give me some time.
1. Indians are over-represented in IV. Consider the case of a country that is doing better and mention countries that are worst.
2. Write a short paragraph that goes in IV email sales pitch. This has a URL to this complete report.
3. This complete report has URL to USCIS data.
4. We work on similar report (with URLs) on lobbying effort and funding level of anti-immigration organizations.
USCIS numbers and rules are not the only factors against us. The anti-immigrants are a much bigger factor.
5. IV email sales pitch has a para with URL on
a. explaining retrogression (this report).
b. lobbying effort and funding level of opponents (next report).
c. IV's experience with legislation.
d. BEGing for contributions.
6. KISS principle baby: Keep It Simple, Stupid. Too much gymnastics in IV writeups.
cjain
06-20 05:53 PM
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