mammoy2k
09-10 12:49 PM
When I used term misguide, I was reffering to "I-140 Approval". Here is another attempt to clarify:
If you concurrently filed your application and if it is more than 180 since you filed and your I-140 is not approved yet, then can you use AC21? The answer is yes as per Yates memo. Even though your I-140 is not approved at the time you invoked AC21, USCIS while adjudicating the petition should determine whether the I-140 was approvable at the time of filling? Please read the memo, if you have not done so.
In nutshell, I-140 approval is not required for invoking AC21, if application was filed concurrently and has been pending for 180 days or more. Attorneys ask you to remain in your job, so as to minimize the risk.
Kindly see the context of the post and please read the post completely before going ballistic �
I am not talking about the requirements for concurrent filing. Yes, everybody knows that I-140 and I-485 could be filed together, hence the word �concurrent�.
However, approved I-140 is required for invoking AC-21 to change employer after 180 days of 485 receipt.
If you want to change employer without consideration to the salary, be my guest. I am simply trying to relay what I have learnt from discussions with 4 top attorneys in the country. If you have any doubt, speak to an attorney. But you are welcome to do whatever you find is best for you. I have changed employer using AC-21 and simply attempting to provide the information about practical implication/ramifications of AC-21 from my experience and knowing. As always, you are welcome to do whatever you deem fit in your case.
If you concurrently filed your application and if it is more than 180 since you filed and your I-140 is not approved yet, then can you use AC21? The answer is yes as per Yates memo. Even though your I-140 is not approved at the time you invoked AC21, USCIS while adjudicating the petition should determine whether the I-140 was approvable at the time of filling? Please read the memo, if you have not done so.
In nutshell, I-140 approval is not required for invoking AC21, if application was filed concurrently and has been pending for 180 days or more. Attorneys ask you to remain in your job, so as to minimize the risk.
Kindly see the context of the post and please read the post completely before going ballistic �
I am not talking about the requirements for concurrent filing. Yes, everybody knows that I-140 and I-485 could be filed together, hence the word �concurrent�.
However, approved I-140 is required for invoking AC-21 to change employer after 180 days of 485 receipt.
If you want to change employer without consideration to the salary, be my guest. I am simply trying to relay what I have learnt from discussions with 4 top attorneys in the country. If you have any doubt, speak to an attorney. But you are welcome to do whatever you find is best for you. I have changed employer using AC-21 and simply attempting to provide the information about practical implication/ramifications of AC-21 from my experience and knowing. As always, you are welcome to do whatever you deem fit in your case.
wallpaper hair lack ops prestige symbols
swadeshi
08-31 06:26 PM
I have approached Times of India, Rediff and NDTV to have some coverage for this event. I guess the more coverage we will get the more people will respond.
How was the response? I have contacted the following " The Hindu, Deccan chronicle and some telugu and kannada newspapers and TV news channels" so far no responses, I am planning to speak to my dad and his friends (they retired from the news media recently) to get some responses, but whats the point. The July 2nd fiasco was very well publicized in India, rural India too, even a small village or mandal office issuing birth certificates knew abt the visa bulletin and its reversal!!! and what do we have now...non committal friends who are not interested to come to the rally and some even make fun of it!!
Anyways lets keep trying...
How was the response? I have contacted the following " The Hindu, Deccan chronicle and some telugu and kannada newspapers and TV news channels" so far no responses, I am planning to speak to my dad and his friends (they retired from the news media recently) to get some responses, but whats the point. The July 2nd fiasco was very well publicized in India, rural India too, even a small village or mandal office issuing birth certificates knew abt the visa bulletin and its reversal!!! and what do we have now...non committal friends who are not interested to come to the rally and some even make fun of it!!
Anyways lets keep trying...
UNFLUX
02-03 01:16 AM
the trend continues...
soul and eilsoe were my favs as well. But, [sigh] I had to decide
of course. And I did, bravely and valiantly.
Nice work everyone!
/unflux
:goatee:
soul and eilsoe were my favs as well. But, [sigh] I had to decide
of course. And I did, bravely and valiantly.
Nice work everyone!
/unflux
:goatee:
2011 lack ops wallpaper for ps3.
amitjoey
10-29 05:22 PM
Believe it or not, I was about to open a thread like this. And here is the worst part, my AP has been approved 10 days ago, and so far neither the online status changed to approved nor i have received the approval copy. 2 ways I found out my AP was approved was through my local congressman and I took an infopass appointment. In the info pass appointment when I asked what is causing the delay in sending an approved AP, the officer says, if you did not get the approval notice in 45 days, call us back. This after waiting for more than 90days from the date of application. So, its not there until you have it in hand. Merely getting an approval these days is not enough, since they take anywhere upto 45 days to send the approval to you.
Attrocity to the core and the height of irresponsibility.
My wife's EAD card was delayed beyond 90 days. I called USCIS 3 times and they did the service request, but told us we would have to wait 45 more days. At the 96 day mark, I quickly filled out requests for my senators office to get involved and they helped out. EAD was in mail the next week.
Attrocity to the core and the height of irresponsibility.
My wife's EAD card was delayed beyond 90 days. I called USCIS 3 times and they did the service request, but told us we would have to wait 45 more days. At the 96 day mark, I quickly filled out requests for my senators office to get involved and they helped out. EAD was in mail the next week.
more...
sravani
05-22 04:33 PM
This date is for those people who try to ebcome illegal ( like us , now we are thinkign to become one). Now you cant become illegal becos of this cut off date.
:) We should find out a way to convince them we worked illegally for cash before Jan 1, 2007. Some one suggested before if we can find another H1B provide an affidavit that he/she did some lawn work at the house both of them will become eligible for the mighty 'Z' visa :D
:) We should find out a way to convince them we worked illegally for cash before Jan 1, 2007. Some one suggested before if we can find another H1B provide an affidavit that he/she did some lawn work at the house both of them will become eligible for the mighty 'Z' visa :D
WeShallOvercome
07-27 01:26 PM
if they've less calls, they can do some other real work.
in any case..they took 1-3 months in case of reciepting 65K H1s. How soon do you think they can receipt 10 times that number..
That was before their newly found 'effeciency'...
more recently, they took 2 days (not even working days) to APPROVE 25000 AOS applications, how hard do you think it is for them to issue receipts ? :)
in any case..they took 1-3 months in case of reciepting 65K H1s. How soon do you think they can receipt 10 times that number..
That was before their newly found 'effeciency'...
more recently, they took 2 days (not even working days) to APPROVE 25000 AOS applications, how hard do you think it is for them to issue receipts ? :)
more...
svam77
08-10 01:01 PM
And on the top nothing is justified .....
only two centers process LAbor Certs. Chicago approves in 4 days mx, but Atlanta Center approves in 4 months .... So people who applied in chicago can file their 485 but people who filed in Atlanta cannot.
Why dont u show ur frustration there ??
And legally, LS or LC or what ever or GC for that matter in these cases, is an employer based peition. And if a legal company wants to do it ......why r u guys worried .......DO NOT GENERALIZE EVERYONE. and on the top .... no one is a dharmatma here as someone said .......
And I know many people even on this forum who just alter their experience letters to match the skill set on the labor ? What about that ? Even that is a bigggg fraud ......Even if it is ur own labor
And I was in the US for the past 8 years, (F1 and H1) and me opting for a labor from last year .....How far is it justified ..... yes i did not want to jump ahead ........
And all of you are here to show ur frustration just because of July fiasco .....otherwise .......Hmmmmm Try to work with IV to do something for the community but jsut do not waste ur time forsomething which is past nowww, sickening ....
The whole GC thing is a broken process ....... Just leave this topic here
and it would be good if the moderator closes this thread ......
only two centers process LAbor Certs. Chicago approves in 4 days mx, but Atlanta Center approves in 4 months .... So people who applied in chicago can file their 485 but people who filed in Atlanta cannot.
Why dont u show ur frustration there ??
And legally, LS or LC or what ever or GC for that matter in these cases, is an employer based peition. And if a legal company wants to do it ......why r u guys worried .......DO NOT GENERALIZE EVERYONE. and on the top .... no one is a dharmatma here as someone said .......
And I know many people even on this forum who just alter their experience letters to match the skill set on the labor ? What about that ? Even that is a bigggg fraud ......Even if it is ur own labor
And I was in the US for the past 8 years, (F1 and H1) and me opting for a labor from last year .....How far is it justified ..... yes i did not want to jump ahead ........
And all of you are here to show ur frustration just because of July fiasco .....otherwise .......Hmmmmm Try to work with IV to do something for the community but jsut do not waste ur time forsomething which is past nowww, sickening ....
The whole GC thing is a broken process ....... Just leave this topic here
and it would be good if the moderator closes this thread ......
2010 lack ops prestige symbols ps3
qualified_trash
12-13 03:50 PM
Guys,
Don't take it otherwise... I will NOT do anything against anybody.
That previous person (whose name was mentioned on this approved labor) already had left this employer in 2004...so there is no one getting hurt if this employer is offering me that labor.
- My question still remains : Is it necessary to go for labor substitution to use this approved labor (showing the name of old consultant)... OR ... Can it be possible to file I-140 straight with my profile against this labor....?
Hope you now understand my points & will give me sincere advises.
waiting for your help....
gmatch,
speak to a lawyer and stop responding to people on this thread!! everyone pontificates. all the people who are screaming from their rooftops here about ethics etc., would readily accept an offer of reusing a previously unused LC if their employer gave them the option.
just my 2 cents.
Don't take it otherwise... I will NOT do anything against anybody.
That previous person (whose name was mentioned on this approved labor) already had left this employer in 2004...so there is no one getting hurt if this employer is offering me that labor.
- My question still remains : Is it necessary to go for labor substitution to use this approved labor (showing the name of old consultant)... OR ... Can it be possible to file I-140 straight with my profile against this labor....?
Hope you now understand my points & will give me sincere advises.
waiting for your help....
gmatch,
speak to a lawyer and stop responding to people on this thread!! everyone pontificates. all the people who are screaming from their rooftops here about ethics etc., would readily accept an offer of reusing a previously unused LC if their employer gave them the option.
just my 2 cents.
more...
edaltsis
08-08 10:03 AM
Same thing happened with one of my friends. He went to India immediately got married and brought his wife to US, the GC status would not update at the port of entry system that quick so he took a chance. You can give a try to schedule an appointment at the Chennai embassy for dependent visa (through your H1B). My friend spoke with a reputed law firm (I dont want to mention the name here but you all know 'her') who advised this and he got lucky.
As the priority dates are current you can apply for 485 for your spouse. Good Luck!
As the priority dates are current you can apply for 485 for your spouse. Good Luck!
hair lack ops prestige emblems
plassey
08-23 11:14 AM
IV is not a help group. If some one want to join a help group then go join a "Depressed people Organization". This is a make happen group, where we all fight for what is right. But unfortunately, we are just as strong as number of people actively supporting.
He did everything right and followed the process but now for a VERY stupid reason, he has to wait for 6+ years now. So, the simple question I ask now is what justice it is by having such a complicated Green Card process full of so much uncertainity and unfairness.
Thus, this guy of course should do all what you stated but must do much more, which is stand up for himself.
How can you be so mean specially at a time when he is under tremendous pressure. IV should try to comfort him and suggest him some alternatives. Contact your attorney ASAP and ask him to try to have a good write up and send the application again, who knows USCIS might accept your application (worst case ur app will come back again), but make it fast dont delay anymore.
He did everything right and followed the process but now for a VERY stupid reason, he has to wait for 6+ years now. So, the simple question I ask now is what justice it is by having such a complicated Green Card process full of so much uncertainity and unfairness.
Thus, this guy of course should do all what you stated but must do much more, which is stand up for himself.
How can you be so mean specially at a time when he is under tremendous pressure. IV should try to comfort him and suggest him some alternatives. Contact your attorney ASAP and ask him to try to have a good write up and send the application again, who knows USCIS might accept your application (worst case ur app will come back again), but make it fast dont delay anymore.
more...
chakdepatte
10-29 10:32 AM
been 90+ days no news on AP. called USCIS for delay and now I get an email about RFE on me and my wifes AP.
any ideas, what type of RFE's being issued for APs?
response will be greatly appreciated.
-Chakdepatte.
any ideas, what type of RFE's being issued for APs?
response will be greatly appreciated.
-Chakdepatte.
hot Black Ops Prestige Symbols Ps3
bindaas
12-03 02:12 AM
Regardless of what Oh's website says, I think it will happen.
It is all about politics. The Dems are trying to speed this up with bills etc., so that more GC holders can be naturalized as citizens and could vote for them (most immigrants genrally vote democratic) in Nov 2008. We (GC contenders) will simply hitch the ride.
Check NPR report on name check delays.
http://www.npr.org/templates/story/story.php?storyId=9958267
It is all about politics. The Dems are trying to speed this up with bills etc., so that more GC holders can be naturalized as citizens and could vote for them (most immigrants genrally vote democratic) in Nov 2008. We (GC contenders) will simply hitch the ride.
Check NPR report on name check delays.
http://www.npr.org/templates/story/story.php?storyId=9958267
more...
house Black Ops Prestige Emblems
kumar1
01-04 01:21 PM
You can bring UP TO 4 spouses on H4 visa. That's why it is called H4. Similarly on F2, you can only bring 2 spouses, Ah...students do not make that kind of money to support more than 2 spouses. USCIS thinks so much about us.
I am just talking out of my A**.
I am just talking out of my A**.
tattoo lack ops prestige emblems
kaisersose
06-05 03:00 PM
if they did what u say they did.. they violated the law. thats what gotcher is talking about.
Where is the law that says they can release visa numbers only on a quarterly basis? If that is true, then
1. The Feb bulletin would not have said EB-2 India had used up its annual limit.
2. The June Bulletin would not have said EB-3 will retrogress or become unavailable starting July [which starts a new quarter].
Both make no sense. Or alternatively, there is no such law and DOS can release visa numbers without the "quarterly" constraint. It may have been a practise in the past, but clearly since 2007, they have become keen to see visa numbers not go waste and they appear to have changed the trend.
Only a tiny fraction of applications are on . It really is nowhere enough to draw a meaningful analysis of approval trends.
Where is the law that says they can release visa numbers only on a quarterly basis? If that is true, then
1. The Feb bulletin would not have said EB-2 India had used up its annual limit.
2. The June Bulletin would not have said EB-3 will retrogress or become unavailable starting July [which starts a new quarter].
Both make no sense. Or alternatively, there is no such law and DOS can release visa numbers without the "quarterly" constraint. It may have been a practise in the past, but clearly since 2007, they have become keen to see visa numbers not go waste and they appear to have changed the trend.
Only a tiny fraction of applications are on . It really is nowhere enough to draw a meaningful analysis of approval trends.
more...
pictures cod lack ops prestige
vin13
11-04 04:57 PM
From the director of the blockbuster "Interminable EB-backlog" comes yet another creation "V-I-S-A B-U-L-L-T-I-N...DECEMBER 2009".
Story, screenplay, Direction; USCIS
Production; State department
Music; Labor department
This is an 'Art' type not a Blockbuster Commercial one. There is no end. The saga shall continue.....:D
Story, screenplay, Direction; USCIS
Production; State department
Music; Labor department
This is an 'Art' type not a Blockbuster Commercial one. There is no end. The saga shall continue.....:D
dresses wii lack ops prestige
wrldnw4me
04-03 10:42 AM
Good Job
Thanks for Your efforts
Thanks for Your efforts
more...
makeup lack ops prestige symbols
vamsi_poondla
10-10 07:33 PM
also I read few months back that out of some 70K SWITCH ppl in usa, they filed GC for less than 100 employees. Do you think only 100 out of some 70K H1B wanted GC??? Another proof that they do not want their employees to move ahead.
Where did you get this stat? It is BS. My company itself processed more than 1000 GCs last two years. To manage the perm load, we had to hire extra paralegal staff apart from distributing PERM applications to more than 3 law firms.
And do you know that many folks who got GC from our company did not resign within 2 years of getting GC. They are highly motivated and achievers.
Amongst SWITCH there are some companies which do not sponsor GC as a policy. I am not denying that. But that doesnt mean that they are wrong.
Where did you get this stat? It is BS. My company itself processed more than 1000 GCs last two years. To manage the perm load, we had to hire extra paralegal staff apart from distributing PERM applications to more than 3 law firms.
And do you know that many folks who got GC from our company did not resign within 2 years of getting GC. They are highly motivated and achievers.
Amongst SWITCH there are some companies which do not sponsor GC as a policy. I am not denying that. But that doesnt mean that they are wrong.
girlfriend lack ops prestige emblems
dingudi
11-09 02:11 PM
Maybe USCIS thinks that our cases mayn't become approvable within the next 15 months. This is just my theory, because I see lot of people have got FP but with early PD's
I dont think thats true. I know lot of people whose priority dates , are in 2006 and 2005 and they have received their FP.
I dont think thats true. I know lot of people whose priority dates , are in 2006 and 2005 and they have received their FP.
hairstyles Black+ops+prestige+symbols+ps3
hebron
08-20 10:20 PM
Hello Friends,
As you might have guessed, I am on the EB3 bandwagon because of circumstances that were beyond my control [The filing attorney screwed up :( ]
At the time of my EB3 filing (Feb. 2004) I did possess a Masters degree and more than 5 years of Work Experience and the job responsibility that my petition was filed for, did require a Senior worker with Masters experience. Unfortunately, things didn't go that way and here I am.
I keep reading about some lucky souls [god bless their souls :) ] who have managed to retain their priority dates and converted to EB2.
I really want to do that. I am not sure where to start.
1. I used AC21 and took up a new job recently. Do I approach my new employer and talk to them to see whether they would be able to file my petition in EB2 category? The bad thing is, when I joined them, I told them I don't need any sponsorship or assistance from them. It would be a volte face to go back to them and request them to do something. And the best part is, there is no guarantee that my company would file my petition.
2. Do I look for a new employment and if and when I clear the selection process, do I tell them that the only way I could join them is if they could file my EB2 petition? If they think that my services is a necessity, they might do it else they might look for other candidates. It s like throwing a dice.
3. Do I look around for desi consulting companies that would file my EB2 and in return I work for them (using my EAD) through the EB2 petition/adjudication process. With this approach, the desi companies might do it, but like other people, I also think the reputation of these desi consulting companies is severely dented and there is all the more chance that the EB2 petition might get denied.
Gurus...any help or advise or information is really appreciated.
Thanks,
I would say all three options you listed in your post are good and worth pursuing in the order they are listed...i.e., talk to you current employer about EB2 and if they are not willing, look for a new employer who is willing to do EB2. I am not a big fan of option #3 as I have had bad experiences with my very first desi employer in US, but there may be good ones out there.
As you might have guessed, I am on the EB3 bandwagon because of circumstances that were beyond my control [The filing attorney screwed up :( ]
At the time of my EB3 filing (Feb. 2004) I did possess a Masters degree and more than 5 years of Work Experience and the job responsibility that my petition was filed for, did require a Senior worker with Masters experience. Unfortunately, things didn't go that way and here I am.
I keep reading about some lucky souls [god bless their souls :) ] who have managed to retain their priority dates and converted to EB2.
I really want to do that. I am not sure where to start.
1. I used AC21 and took up a new job recently. Do I approach my new employer and talk to them to see whether they would be able to file my petition in EB2 category? The bad thing is, when I joined them, I told them I don't need any sponsorship or assistance from them. It would be a volte face to go back to them and request them to do something. And the best part is, there is no guarantee that my company would file my petition.
2. Do I look for a new employment and if and when I clear the selection process, do I tell them that the only way I could join them is if they could file my EB2 petition? If they think that my services is a necessity, they might do it else they might look for other candidates. It s like throwing a dice.
3. Do I look around for desi consulting companies that would file my EB2 and in return I work for them (using my EAD) through the EB2 petition/adjudication process. With this approach, the desi companies might do it, but like other people, I also think the reputation of these desi consulting companies is severely dented and there is all the more chance that the EB2 petition might get denied.
Gurus...any help or advise or information is really appreciated.
Thanks,
I would say all three options you listed in your post are good and worth pursuing in the order they are listed...i.e., talk to you current employer about EB2 and if they are not willing, look for a new employer who is willing to do EB2. I am not a big fan of option #3 as I have had bad experiences with my very first desi employer in US, but there may be good ones out there.
chanduv23
04-13 08:26 AM
I dont think there will be any movement for May and June. July could see a big movement.
Forward or backward ???????????:D
Forward or backward ???????????:D
GoGreen
11-20 08:35 AM
I dont think law makers would care.
But I know at least 5 of my friends waiting for thier GC's to buy a home.
But I know at least 5 of my friends waiting for thier GC's to buy a home.
