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  • mallikonnet
    02-15 10:50 AM
    Feb 15, 2011 08:50:00 PST
    Transaction ID: 12V53395N71013416




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  • hiUS
    09-12 11:20 AM
    I just called the Customer Service. She just says only one thing when I asked for the status of my cards.

    Tha answer is to put a Service request.




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  • vikki76
    09-29 04:48 PM
    For variety of reasons, I wish to explore option of consulting instead of permanent corporate job. Can I do consulting in my own name directly or do I need to be associated with some company?
    Green card (EB-2, Nov 29,2004 PD) application is in my name. I have filed 485 this July and expecting my EAD any time. I will be invoking AC21 after 6 months.
    But need answer to this question
    A. Consult on own?
    B. Go through a consulting company?

    I prefer option A.




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  • lazycis
    10-11 03:16 PM
    What happens when one filed labor under software engineer and then uses AC21 to switch jobs to a different company with a different job description like architect, product technologist or technical product manager.

    The job description says designs architects and develops software. A product tecnologist,product manager or architect can be doing the same work in addition to other job functions.

    I did use AC21. The law says (see 8 USC 1154(j)):

    "A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed."

    So salary, job locations, etc. do not matter. What does matter is the job classification. As long as you are in the same field and do the same or similar job, you'll be fine. My company's lawyer told me that they never had a problem with AC21 (company has 100,000+ employees).

    Now, I am not sure if someone can leave the job, leave the US and come back 3 months later to work for a new employer. I think it's safer to have a continued employment.



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  • Dhundhun
    07-21 09:44 PM
    I'm confused!
    I am July 2nd filer from last year. I did receive a FP notice in Oct 2007 but couldn't go for it. I sent a letter asking for another date but TSC..So go figure!...


    Is e-filing costly? - NO
    Does paper based filing not trigger FP? - NO
    Is it slower? - NO




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  • geevikram
    07-20 01:32 PM
    Pl don't make blanket statements such as this. BTW, I contributed to DC advocacy and many other EB3s also did the same.

    Fixing the language so that folks do not take it personally.

    looivy, Please have a conversation and don't turn this into a pissing contest.

    What the other post said is very true. We have 45000 members in this board, a significant majority of them are EB3. Even if 50% of the members 22000 (as an example ) contributed 25$ each, IV would have more than half a million bucks. With this money EB backlog plight could easily come out in mainstream media. Just because you, as a person, contributed does not mean all of EB people are contributing. Realizing our problem is the first step in solving it. Problem is people are not willing to contribute to IV, either their money or time, but want issues solved. Doesn't work that way..

    Again the original poster is correct in his statement.

    my .02$



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  • akilaakka
    07-24 09:45 AM
    EAD applied on June 04, 2008
    EAD production ordered June 27, 2008
    EAD received July 03, 2008




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  • blackberry
    08-26 03:42 PM
    My application reached NSC July 18th.
    Check cashed :NO
    Receipt : NO

    Anybody from July 18th got their check cashed or got receipts.

    LUD on I-140 07/28/2007

    --BB



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  • anzerraja
    07-20 11:04 AM
    Sam,

    We are not sure how to divert the funds already donated to the core IV funds. So at this moment we are only adding up the pledges.

    For this reason, i am not updating your total. But we thank you for your contribution that you made yesterday



    anzerraja looks like i cannot save the XLS sheet
    an u please update it for me

    thanks a lot




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  • aquarianf
    04-25 10:39 AM
    It high time that these guys get kicked on what ever, I have seen so many of my friends frustated due to non payment and get scarred to do anything against it..... I appreciate your courage , If they do bussiness and employ people they should legally pay, So many poeple come from India with kids and family and suffer so much when they are not getting paid on bench...I can only sympathise with their situation , Shame on such bussiness...BLOOD SUCKERS, MANIACS . I would say USCIS should create a law to punish these blood sucking monsters.
    Training, H1b ...etc takes money ...so what he not stupid(desi employer) to do it for free , He makes altleast 10 times of what he spends in just 6 months when the candidate is on project.

    I am sure I am going to get a lot of negative feedback for posting this in from ...so hiding desi employers

    I agree with some of your points but you are not helping on anything here by appreciating OP's courage. If OP gets into law suite and if it requires lots of money would you be willing to donate some money to fight law suite because it will not only help OP but it will scare such shameless employer that there people out there in community who are willing to help if they do something wrong with employees.

    I agree with you that such employer should be punished but it is more important to create awareness about their practice specially among people who just come from India and then get into trap of such employers. But many people do so even after knowing the facts about desi employers. Every thing has risks and rewards, and many people know risks but they get into it for rewards.

    It seems that INS is very serious about holding back wages issue I think first thing people do is to file complaint with INS. See my previous post on this.



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  • jsb
    12-20 10:23 AM
    Hi All,

    I would like to know if I will get in trouble if I do this:
    First, switch to a completely unrelated job after 180 days of I485 filing,
    then, switch back to similar job when my priority date becomes current or close to becoming current.

    Does USCIS check what other jobs have I done during the entire adjustee period or it is only concerned about the job at the time of adjudication?

    Thanks in advance!

    Prior to getting your GC, you can work

    (i) On any job using EAD
    (ii) Job with a specific employer (which may or may not be your sponsor) using H1, L1, etc.

    Until you get your GC, you are supposed to be a guest worker. USCIS only cares if sponsoring employer (or any other employer after 180 days of AOS pending) has a job offer for you on your getting GC.

    If you are already working with the employer (prior to or at the time of getting GC) where you would work AFTER getting your GC, it only re-enforces your and your employers intentions.

    So, in brief answer to your question is, no you will not be in trouble, as long as sponsoring employer (or any other employer after 180 days) is willing to confirm their intentions of hiring you if and when USCIS asks for it.

    You can actually switch your job even prior to 180 days of filings AOS without impacting your case. You need not even have worked at all for the sponsoring emloyer. USCIS memos clarify these issues in detail.




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  • vijayrudra
    05-23 01:09 PM
    Emailed to the listed and WI senators



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  • JulyFiler
    10-08 06:43 PM
    I'm currently on my 4th EAD & AP, and I used AC21 twice so far to switch jobs (similar job descriptions, including the specific technologies I worked on). On both occasions, I have not informed USCIS. My attorney said one is not legally required to do so, and that we could respond if there is any RFE.

    But I also know that there are lot of attorneys out there who recommend informing USCIS about the job change. I don't personally know of anyone who have used AC21 and went on to get the green card, so I can't really tell which approach is better. In either case, make sure to have all relevant paper work with you - specifically the experience letters from old employers with proper job descriptions.


    As for the salary increases when changing jobs, I did talk to more than one attorney about this. And what I heard consistently was that higher salary is not as much of a problem as lower salary could be. In my case, I had salary increases of more than 30% each time I changed jobs, and I am doing fine so far. Whether that becomes a problem for me or not, I will deal with it when it happens.

    I traveled out of the country a couple of times using AP. On my return to US, at the port of entry (SFO), I was asked if I still worked for the company that originally sponsored my GC application. I told them I changed employers using AC21, and that I was not legally required to inform USCIS about the job change. And they let me go without causing any trouble. Not sure if anyone else had different experiences in such case, but the immigration officers at SFO seem to be somewhat easier to deal with (assuming you haven't done anything wrong, of course).

    I did have trouble with AC21 once. I ended up having a gap between my 2nd and 3rd EADs (so did my wife too), as we tried to do too much 'optimization' of EADs. Well, we learned the hard way that 'optimization' effort is bad, as both of us had to stop working during the gap. It's not a very pleasant feeling having to explain our respective employers that we had such issue. We lost money too, as we couldn't be legally paid during the gap - in addition to the unnecessary stress. I wish USCIS issues EADs with longer validity period - something like 3 years (but I once heard Aman say that they couldn't do so due to a software glitch in their system!!). In any case, we are now filing for EAD renewals well in advance of the current one's expiry.

    Other issues with AC21 that we faced are things like having to pay for EAD and AP renewals every year, which is quite expensive. I guess you could negotiate this with your new employer when changing jobs. And the sheer inability to change your job roles or take on more responsibilities (on paper too!) is frustrating, but that is more of a lengthy GC processing symptom than an AC21 issue.

    All things considered, I think AC21 is good. It's got it's set of issues, especially if you don't use it wisely, but it at least lets you have some kind of progress in your careers. The way I see it, if there is no career progress, I can at least make more money. You got to gain something over years of waiting to keep you going!


    Let me ask you a question.

    When you renew EAD what will be the start date. For example:
    Lets say current EAD Expires 12/31/2007.
    I apply for renewal in July say 07/01/2007.

    When I get the new EAD would it start from 12/31/2007 to 12/31/2008 or sometime in July/August/September when it gets approved?

    Basically would the renewal date start from where the current one is expiring or from the dat it got approved?

    Thanks




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  • EkAurAaya
    10-30 03:46 PM
    Sorry if this has already been posted
    _____________________________

    (c) Validity after Revocation or Withdrawal . Pursuant to the provisions of section 106(c) of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313, the approval of a Form I-140 employment-based (EB) immigrant petition shall remain valid when an alien changes jobs, if:

    � A Form I-485, Application to Adjust Status, on the basis of the EB immigrant petition has been filed and remained unadjudicated for 180 days or more; and

    � The new job is in the same or similar occupational classification as the job for which the certification or approval was initially made.

    If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation. If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment.

    Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer o f employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.

    If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the USCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.


    Source: http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=3b9e27203295497d6f67778ecf8a4 0f9



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  • PDOCT05
    10-16 05:12 PM
    i called uscis and they gave me the rns for ead and 485. but not for ap. they didn't provide any rns for my spouse as not present in the call. checked the money orders at bank...it was not cashed yet....anyone similar!:confused:

    We had similar problem...my son checks were not cashed. Called USCIS and got RN.But the case is rejected...waiting for actual notice to resubmit.




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  • immigrationvoice1
    03-26 10:23 AM
    Any comment from anyone?

    Wanted to know what the members here think of the probability of receiving RFE from USCIS to find out whether the applicant is still in a "same or similar" job when the time comes to adjudicate cases for for EB3 India.

    I ask this because in a poll conducted in a separate thread, it seems the number of people waiting for their GCs are more with PDs before Dec 2004 than after that date.

    When the dates become current again for these people, do you think USCIS will be sending RFEs to get the employment information for every single of them ? Is there is a percentage from the pending applications that they pick for RFE, assuming all applicants who changed employers DID NOT notify USCIS when they changed jobs OR is it completely up to the whims of the adjudicating officer to send an RFE ?

    There are several people I know who changed employers with EAD, never notified USCIS and got their GCs without any RFE. Trying to understand whether USCIS will think twice before sending RFEs for everyone as the number of applicants waiting with PDs of 2004 and earlier are huge now than ever before. Won't it be too overwhelming for them to issue RFEs to all and manage their responses?



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  • gccovet
    08-01 11:24 AM
    Applied EAD renewal on 5/29 @TSC- paper baseed, still waiting.....

    I-131 applied in 1st week of June, got approved first week of July (wired!!!)


    Getting worried now!!!
    GCCovet




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  • ItIsNotFunny
    03-25 04:19 PM
    My PD is Sep 2002. There are different limits:

    Break even limit
    Fatigue limit
    Endurance limit

    I am on last one :)




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  • prashanthg
    11-18 09:36 AM
    Done.




    dicarol18
    08-13 04:52 PM
    Your case is like me, except I am porting Priority date from my previous approved I-140 Eb3 case. Your new I-140 transferred to Texas Service centre because your employer comes under Texas Service centre. Your residency location also comes under Texas service centre. So you will receive I-485, I-765 and I-131 with SRC numbers. But it may take longer time.

    Good thing is Texas Service center is processing I-140 applications in May 2007. Max they are taking 5 months. People are discussing about LUD, it doesn't matter. It seems Texas service centre doing some regular maintenance. If you register your old approved H1s, their LUDs also changing.

    Texas Service Centre data entry dates:
    I-140 - 07/31/2007
    I-485 -- 06/28/2007

    I-140 Direct filing locations

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c31c5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD

    I-485 Direct filing locations
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD

    Thanks for the info... and sounds good to see that the I-140 takes less time in this center... I hope I will get something soon...Do you know if I can get Finger Prints notices or my EAD without the Receit Notices??? or I need to have that first before start getting something else??? :confused:




    laborchic
    07-06 04:41 PM
    How about sending the flowers to many people rather than sending it just one person???

    If 200 different people in DC get flowers then it will definitely create a larger impact than sending it one single person. .. Atleast thats what I think ...


    We can very well send them to White House as well.. I know president responds to them with a nice autographed picture of himself alongwith first lady..



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