desi3933
06-19 07:17 AM
If you don't need EAD to use AC21 whats the use of EAD for the primary applicant?
I was not planning to change company and just filed my 485 without EAD last week. But now situation has changed and the lawyer said i need EAD if i want to use AC21 after 6 months. I'm hoping to get a receipt notice soon so that i can file for EAD without the increased fees. Anybody has any link to where it says we don't need EAD for AC21 so i can check with my lawyer?
Your lawyer seems to be incorrect on this. You may want to consider getting second opinion.
AC-21 can be invoked on H1 as well as on EAD. Your choice.
Many times, joining second employer is relatively easy on EAD as it involves no H1 filing (less paperwork), but using EAD requires one to travel ONLY on AP.
Using H1 is more peace of mind. If for some reason I-485 is denied, one can in US (and work too) until H1 status expiry date and handle appeal more effectively.
Hope it helps.
----------------------------------
Permanent Resident since May 2002
I was not planning to change company and just filed my 485 without EAD last week. But now situation has changed and the lawyer said i need EAD if i want to use AC21 after 6 months. I'm hoping to get a receipt notice soon so that i can file for EAD without the increased fees. Anybody has any link to where it says we don't need EAD for AC21 so i can check with my lawyer?
Your lawyer seems to be incorrect on this. You may want to consider getting second opinion.
AC-21 can be invoked on H1 as well as on EAD. Your choice.
Many times, joining second employer is relatively easy on EAD as it involves no H1 filing (less paperwork), but using EAD requires one to travel ONLY on AP.
Using H1 is more peace of mind. If for some reason I-485 is denied, one can in US (and work too) until H1 status expiry date and handle appeal more effectively.
Hope it helps.
----------------------------------
Permanent Resident since May 2002
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gimme_GC2006
04-09 05:47 PM
No one knows what is going to happen to EB-2 for the remaining fiscal year
crazyghoda
01-14 08:09 PM
I dont think this bills has anything favourable to legal immigrants... It better to apply as the other category ....
I think someone finally saw the light here.
Cant you guys see the HUGE change that this is. Get out of the whole legal-illegal pissing match. This change will make the US immigration system in line with that of the UK. You get here. You stay here for 5 years. You apply and be granted Permanent Residency. Thats it.
Will that open the floodgates? Sure they will. How will they be countered? By making it very very difficult for employers to hire foreigners. If you are already here, you are fine.
Employers who hire illegal folks will face tough sanctions. the new eVerify system will probably now be mandatory for all. That takes care of those employers who were in the Dont ask, Dont tell (not talking about the military policy towards gays here) attitude. It wont weed out everyone and there will still be some guys who will work for cash, etc but it will reduce this significantly.
Employers who abuse the H1 system will now have to do lots more to prove that they couldnt find a qualified US worker. The desi employers that everyone loves to hate will find it very hard to stay in business anymore.
The big IT companies like TCS and Patni who pay 40-50K to someone with 7 yrs of work exp (like I was) will now be forced to hire from the US market thus eliminating the chances of abuse. Unfortunately it will depress IT wages in India because these biggies will need to show some kind of cost savings to do work offshore otherwise most companies will decide to bring the work back since its just not worth it to handle the hassles of offshore work. But overall it will bring some kind of balance.
All a person now will need to do is get here and manage to hold on to some job for 5 years and you will be through.
Lets see how much of this bill actually makes it out. As far as I can see, I am prefectly fine with refiling my application under this new category. The hell with EB based green cards. USCIS can take the whole EB1-EB2-EB3 and stick it where it belongs.
I think someone finally saw the light here.
Cant you guys see the HUGE change that this is. Get out of the whole legal-illegal pissing match. This change will make the US immigration system in line with that of the UK. You get here. You stay here for 5 years. You apply and be granted Permanent Residency. Thats it.
Will that open the floodgates? Sure they will. How will they be countered? By making it very very difficult for employers to hire foreigners. If you are already here, you are fine.
Employers who hire illegal folks will face tough sanctions. the new eVerify system will probably now be mandatory for all. That takes care of those employers who were in the Dont ask, Dont tell (not talking about the military policy towards gays here) attitude. It wont weed out everyone and there will still be some guys who will work for cash, etc but it will reduce this significantly.
Employers who abuse the H1 system will now have to do lots more to prove that they couldnt find a qualified US worker. The desi employers that everyone loves to hate will find it very hard to stay in business anymore.
The big IT companies like TCS and Patni who pay 40-50K to someone with 7 yrs of work exp (like I was) will now be forced to hire from the US market thus eliminating the chances of abuse. Unfortunately it will depress IT wages in India because these biggies will need to show some kind of cost savings to do work offshore otherwise most companies will decide to bring the work back since its just not worth it to handle the hassles of offshore work. But overall it will bring some kind of balance.
All a person now will need to do is get here and manage to hold on to some job for 5 years and you will be through.
Lets see how much of this bill actually makes it out. As far as I can see, I am prefectly fine with refiling my application under this new category. The hell with EB based green cards. USCIS can take the whole EB1-EB2-EB3 and stick it where it belongs.
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gsc999
04-16 01:27 PM
Dear snehaledu, You raise a good point. Am I IV policeman? The answer is NO. Guess, it is the responsibility of all the members to police themselves. And I saw that it was not happening here, thus my question about the relevance of this thread.
I support Sanju.
Moreover, IV doesn't represent INDIAN employment based legal immigrants, this forum is for all nationalities. Threads like these make this forum seem like it is relevant to only Indians. We need to be mindful of other members who are not from India.
I support Sanju.
Moreover, IV doesn't represent INDIAN employment based legal immigrants, this forum is for all nationalities. Threads like these make this forum seem like it is relevant to only Indians. We need to be mindful of other members who are not from India.
more...
indyanguy
01-22 12:28 PM
I don't think any analysis is done. That is only going to divide the community.
Some would say preference be given to EB category benefiting EB2(I&C).
Some would say PD should be given preference predominantly benefiting EB3(I).
If they follow the current spill-over rules, as you are aware, EB category would be given preference.
Thanks for the reply. I am not sure how that will divide the community. As per USCIS laws currently, the spillover is horizontal. Based on this assumption, will EB3-I get any visas if the recapture is successful?
Some would say preference be given to EB category benefiting EB2(I&C).
Some would say PD should be given preference predominantly benefiting EB3(I).
If they follow the current spill-over rules, as you are aware, EB category would be given preference.
Thanks for the reply. I am not sure how that will divide the community. As per USCIS laws currently, the spillover is horizontal. Based on this assumption, will EB3-I get any visas if the recapture is successful?
learning01
06-13 03:59 PM
NOTE: Go there, log in with your hotmail or msn account. Go to bottom and Edit Settings. You can give a display name. I choose 'newMFpilgrim'. Your email is not displayed. Go there now and participate.
This is what I posted over there are at:
MSNBC message boards>Code of Conduct>Gut Check America>Employment Based (EB) Skilled Immigration Applicants board: (http://boards.msn.com/MSNBCboards/thread.aspx?boardid=1042&threadid=314286)
Since the beginning of this century, USA has been a leader in innovation, technology and products & services. In contrast, there is total inefficiency and red tape in government departments dealing with immigration (is it because '?them').
The immigration issues revolve around the DOL, UCCIS and DOS etc. They should grow and mature, showing efficiency and productivity. For that a new mindset is needed fortified with human resources and budget appropriations. My labor clearance was stuck in SWAs and backlog centers for 3 years. I talked to the SWA officer in charge in my state of CO. He said, this is federal work and there is no money appropriated.
Here is the showcase of how the USCIS works on legal ALIENS(from reliable Ombudsman report):
FBI Namecheck status (pg. 37 of the report)
As of May 2007, USCIS reported a staggering 329,160 FBI name check cases pending, with approximately 64 percent (211,341) of those cases pending more than 90 days and approximately 32 percent (106,738) pending more than one year. While the percentages of long-pending cases compared to last year are similar, the absolute numbers have increased. There are now 93,358 more cases pending the name check than last year. Perhaps most disturbing, there are 31,144 FBI name check cases pending more than 33 months as compared to 21,570 last year – over a 44 percent increase in the number of cases pending more than 33 months.
It is easy to see how border fence, employment verification, Border Control, DOL, FBI, USCIS will TOTALLY fail when you bring in 12 to 20 mil. I see no hope, eihter for anybody. No wonder, many are shouting at the top of their voices voicing strong objection.
USCIS Ombudsman Annual Report 2007 (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf)
This is what I posted over there are at:
MSNBC message boards>Code of Conduct>Gut Check America>Employment Based (EB) Skilled Immigration Applicants board: (http://boards.msn.com/MSNBCboards/thread.aspx?boardid=1042&threadid=314286)
Since the beginning of this century, USA has been a leader in innovation, technology and products & services. In contrast, there is total inefficiency and red tape in government departments dealing with immigration (is it because '?them').
The immigration issues revolve around the DOL, UCCIS and DOS etc. They should grow and mature, showing efficiency and productivity. For that a new mindset is needed fortified with human resources and budget appropriations. My labor clearance was stuck in SWAs and backlog centers for 3 years. I talked to the SWA officer in charge in my state of CO. He said, this is federal work and there is no money appropriated.
Here is the showcase of how the USCIS works on legal ALIENS(from reliable Ombudsman report):
FBI Namecheck status (pg. 37 of the report)
As of May 2007, USCIS reported a staggering 329,160 FBI name check cases pending, with approximately 64 percent (211,341) of those cases pending more than 90 days and approximately 32 percent (106,738) pending more than one year. While the percentages of long-pending cases compared to last year are similar, the absolute numbers have increased. There are now 93,358 more cases pending the name check than last year. Perhaps most disturbing, there are 31,144 FBI name check cases pending more than 33 months as compared to 21,570 last year – over a 44 percent increase in the number of cases pending more than 33 months.
It is easy to see how border fence, employment verification, Border Control, DOL, FBI, USCIS will TOTALLY fail when you bring in 12 to 20 mil. I see no hope, eihter for anybody. No wonder, many are shouting at the top of their voices voicing strong objection.
USCIS Ombudsman Annual Report 2007 (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf)
more...
indio0617
03-01 01:02 PM
I am sending my second contribution by Check today!
Yesterday night I have send around 100 emails to my friends and collegues here in USA regarding the efforts IV is making and helping out ! Some of them are already got their GCs but they know the Pains during this process.,
I requested all of them to pass information to other immigrants friends!!
god_bless_you:
Thank You for your valuable contribution the second time!! . People like you keep our morales high and re-instill our belief that we will succeed in our venture.
Yesterday night I have send around 100 emails to my friends and collegues here in USA regarding the efforts IV is making and helping out ! Some of them are already got their GCs but they know the Pains during this process.,
I requested all of them to pass information to other immigrants friends!!
god_bless_you:
Thank You for your valuable contribution the second time!! . People like you keep our morales high and re-instill our belief that we will succeed in our venture.
2010 Kelly Monaco
stldude
07-20 03:53 PM
Guys - Most of the banks have notifications service.Once u login to u'r account you can provide the cheque no.and request to be notified by e-mail once the check is cleared.. That way u don'thv. to check u'r bank a/c a million times in a day... :)
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h1vegas
06-23 11:58 PM
Thanks Dilip
I appreciate it
I appreciate it
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ragz4u
01-22 12:42 AM
Thanks for the contributions. They would go a long way in our fight against retrogression.
Could you also please spread the word around about immigrationvoice.org so that we may get additional members? If each one can just get one more member to join our fold, our census would double! There are 350,000 people affected by retrogression and about 500 members here. Definitely there are lots of people who haven't heard of us yet!
Could you also please spread the word around about immigrationvoice.org so that we may get additional members? If each one can just get one more member to join our fold, our census would double! There are 350,000 people affected by retrogression and about 500 members here. Definitely there are lots of people who haven't heard of us yet!
more...
Vsach
07-19 03:42 PM
Dear ALL,
As USCIS is swarmed with applications any idea how long do you think it will take, as we know this not a normal situation.
Inputs appreciated.
Regards
VS
As USCIS is swarmed with applications any idea how long do you think it will take, as we know this not a normal situation.
Inputs appreciated.
Regards
VS
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qasleuth
05-07 01:03 PM
Get a sense of humor, dude ;)
here's one suggestion for you dude, display the same sense of humor at your place of work (crack a joke about Africa/Africans and how we all came from them) and come back and tell us if you still have a job....and then tell us which region you are from and then somebody will display their sense of humor by giving you a regional slur....
here's one suggestion for you dude, display the same sense of humor at your place of work (crack a joke about Africa/Africans and how we all came from them) and come back and tell us if you still have a job....and then tell us which region you are from and then somebody will display their sense of humor by giving you a regional slur....
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gveerab
04-12 11:12 AM
Thanks
Veera
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The7zen
04-16 02:21 PM
Is the donation link broken? I clicked on the donate one time button, and it takes me to smiley page. Did anyone else have this problem.
If anyone knows the link that works please post.
I just tried and it works, can you try again....also make sure you log in.
If anyone knows the link that works please post.
I just tried and it works, can you try again....also make sure you log in.
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micofrost
05-06 07:44 PM
Guys!!!
No point in showing frustration. Its not our birth right. We all were well educated before we came in here. Situation changes. And system makes an adjustment. Dont blame your country( I am also from India), for no one asked us to move out. There are so many nice positions available to work for. More than 80% of us found here a better oppurtunity, because there were no competition at all in getting jobs. 1st come 1st serve.
So do not complain. They do not have any urgency to hand us over the GCs. We can only request them to do the needful on the basis of our sorry state of affairs. Again, we are still at their mecrcy.
So stop complaining. Either wait and support IV or boot out.
No point in showing frustration. Its not our birth right. We all were well educated before we came in here. Situation changes. And system makes an adjustment. Dont blame your country( I am also from India), for no one asked us to move out. There are so many nice positions available to work for. More than 80% of us found here a better oppurtunity, because there were no competition at all in getting jobs. 1st come 1st serve.
So do not complain. They do not have any urgency to hand us over the GCs. We can only request them to do the needful on the basis of our sorry state of affairs. Again, we are still at their mecrcy.
So stop complaining. Either wait and support IV or boot out.
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SGP
02-16 06:20 PM
Thanks Bhasky25.:)
_____________
If you will be benefited by �I-485 filing without current priority Date�, please vote YES on the Poll.
Then please send an email to ivcoordinator@gmail.com with subject - "I485 filing without current PD - Impacted Member". Include your 1) IV username 2) Email address 3) Ph#, 4) State of Residence, 5)Priority Date so that grassroot efforts can be coordinated. Please refer to the first post on the thread and use the flier,talk to your friends/colleagues to spread the message.We need all members to get involved
Labor is done via perm process and they are now centrally processed (only prevailing wage is state dependent). Your company can apply for it online and you should get a result in 3-4 wks if the case is not audited. Good Luck to you.
_____________
If you will be benefited by �I-485 filing without current priority Date�, please vote YES on the Poll.
Then please send an email to ivcoordinator@gmail.com with subject - "I485 filing without current PD - Impacted Member". Include your 1) IV username 2) Email address 3) Ph#, 4) State of Residence, 5)Priority Date so that grassroot efforts can be coordinated. Please refer to the first post on the thread and use the flier,talk to your friends/colleagues to spread the message.We need all members to get involved
Labor is done via perm process and they are now centrally processed (only prevailing wage is state dependent). Your company can apply for it online and you should get a result in 3-4 wks if the case is not audited. Good Luck to you.
more...
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sbabunle
09-22 06:57 PM
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GT7481
07-20 03:34 PM
Why do we even have to ask about Jul 2nd acceptance. I feel if you ask them they deliberately try to misguide you. Isnt the day Jul 2 a part of July month?? Since the previous July bulletin has be reinstated, in fact people who filed on Jul 2 should be at the top of the list in terms of getting receipt notices etc...
Because the IO specifically asked me when my Application reached the USCIS and also when i maile dit out
Because the IO specifically asked me when my Application reached the USCIS and also when i maile dit out
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mpadapa
10-09 09:24 PM
Hope there are at least 50 people for the meet:D
superdoc
09-23 07:50 AM
I think your plan may work out just fine. I would make a couple of suggestions:
1. If you are taking LOA from original employer, for practical purposes (for USCIS), you are not employed with that employer any more (they go by pay stubs). But if doing so helps to avoid revocation of 140, go ahead and do it that way.
2. Because you will actually get your pay check from new employer, you are employed by them (and you will work on EAD with them, make sure that this is mentioned on your I-9 form). No matter how much ignorant your employer is, they will have to have I-9 on file and it must have your EAD (not H1).
3. After doing this, you will be on I 485 pending status (no longer on H status), and so make sure you have current EAD and AP all the time.
4. If something goes wrong with your I 485 (very unlikely); you will have to leave the country and enter back on H visa and work for H visa sponsoring employer (probably your old employer).
5. It is perfectly fine to not file AC21. AC21 is needed only if you do not plan to join original sponsoring employer after GC approval. However, if you do want to file AC21, you do not need much documentation from your new employer. It just needs the simple letter stating your job position as a "physician" and brief job duties (briefer the better!) and salary (should be proportional or higher). If you do not file AC21, you may just keep that documentation on file with your attorney (which I would do to be on safe side). The implication of having this is as follows:
--If you have this documentation (even if not filed with USCIS), at the time of approval of your GC you will have the option of just staying with new employer or going back to original employer.
--If you do not have this, you will have to go back to original employer after GC approval with a "good faith intention of permanent job".
PM me if you have questions about what I said above, and I will be happy to talk to you.
Good Luck.
FYI -- what is I-9 and what does the employer need to do for that?
1. If you are taking LOA from original employer, for practical purposes (for USCIS), you are not employed with that employer any more (they go by pay stubs). But if doing so helps to avoid revocation of 140, go ahead and do it that way.
2. Because you will actually get your pay check from new employer, you are employed by them (and you will work on EAD with them, make sure that this is mentioned on your I-9 form). No matter how much ignorant your employer is, they will have to have I-9 on file and it must have your EAD (not H1).
3. After doing this, you will be on I 485 pending status (no longer on H status), and so make sure you have current EAD and AP all the time.
4. If something goes wrong with your I 485 (very unlikely); you will have to leave the country and enter back on H visa and work for H visa sponsoring employer (probably your old employer).
5. It is perfectly fine to not file AC21. AC21 is needed only if you do not plan to join original sponsoring employer after GC approval. However, if you do want to file AC21, you do not need much documentation from your new employer. It just needs the simple letter stating your job position as a "physician" and brief job duties (briefer the better!) and salary (should be proportional or higher). If you do not file AC21, you may just keep that documentation on file with your attorney (which I would do to be on safe side). The implication of having this is as follows:
--If you have this documentation (even if not filed with USCIS), at the time of approval of your GC you will have the option of just staying with new employer or going back to original employer.
--If you do not have this, you will have to go back to original employer after GC approval with a "good faith intention of permanent job".
PM me if you have questions about what I said above, and I will be happy to talk to you.
Good Luck.
FYI -- what is I-9 and what does the employer need to do for that?
singhsa3
08-11 08:31 PM
My request for help on the following post http://immigrationvoice.org/forum/showthread.php?t=12255 is not going well, I am still waiting to hear from analytical minds.
Anyways, we are in process of creating an eye opener fact sheet that we will be distributed with the promotional fliers. The objective of the fact sheet is create a sense of urgency and draw people's interest to DC rally.
I am looking for ideas as to what to put in the fact sheet, while I am still waiting to hear on my other post.
Please contribute you thoughts. We need to get this completed in couple of days.
Anyways, we are in process of creating an eye opener fact sheet that we will be distributed with the promotional fliers. The objective of the fact sheet is create a sense of urgency and draw people's interest to DC rally.
I am looking for ideas as to what to put in the fact sheet, while I am still waiting to hear on my other post.
Please contribute you thoughts. We need to get this completed in couple of days.
