raydon
10-12 10:46 AM
It was very hard to see at least 3-4 of my friends working in very reputed, established companies, not some tinpot startups (I'm almost tempted to name the companies) using labor Sub. And all of them have got their green cards comfortably. Every single one of them.
Their managers pushed for labors subs for them and nobody even objected because it was legal!
And to my best knowledge, my current company didn't do any subs (perhaps because they didn't have layoffs during dot com bust) so I see senior employees in my company badly stuck with EB3. In fact, there are EB3 managers hopelessly stuck whose EB2 employees are in a better position than them. I'm NOT making this up.
Unless you take risks, you won't progress. Calculate your risks and take it. My friend, 2003 is an old PD and you have been stuck for long. You deserve a better deal and a more senior job profile. I agree completely with folks though, that allowing people to retain the old PD is unfair to others waiting and USCIS should grant some intermediate PD. But take it from me, all kinds of unfair practices have been happening. A classic example is July 07.
I do see your point about the unfairness of allowing the old PD. In that case, what do you say about the cross-chargeability provision ? I guess the percentage of people availing of that provision is small, but it does happen.
For example, If you're from India and in EB3, but your spouse was born in a non-retrogressed country, you automatically jump to the earlier PD in your category, EB3-World in this case. Maybe the percentage of such cases is low, and hence there're no protests from the people waiting. I personally know of one colleague who had a later PD than me, but got the EB3-World PD since his spouse was born in Zambia. If EB3-World was current, he'd be green simply because his spouse was born in the "right" country.
Unfair ?? Maybe - but it's legal and allowed. My point is that getting an older PD in both cross category and cross chargeability are allowed today and people will continue to avail of them is they can. As long as the USCIS doesn't have issues with that, applicants will attempt to migrate between categories and countries, during their im-migration process :) Couldn't help myself with that pun there :)
Their managers pushed for labors subs for them and nobody even objected because it was legal!
And to my best knowledge, my current company didn't do any subs (perhaps because they didn't have layoffs during dot com bust) so I see senior employees in my company badly stuck with EB3. In fact, there are EB3 managers hopelessly stuck whose EB2 employees are in a better position than them. I'm NOT making this up.
Unless you take risks, you won't progress. Calculate your risks and take it. My friend, 2003 is an old PD and you have been stuck for long. You deserve a better deal and a more senior job profile. I agree completely with folks though, that allowing people to retain the old PD is unfair to others waiting and USCIS should grant some intermediate PD. But take it from me, all kinds of unfair practices have been happening. A classic example is July 07.
I do see your point about the unfairness of allowing the old PD. In that case, what do you say about the cross-chargeability provision ? I guess the percentage of people availing of that provision is small, but it does happen.
For example, If you're from India and in EB3, but your spouse was born in a non-retrogressed country, you automatically jump to the earlier PD in your category, EB3-World in this case. Maybe the percentage of such cases is low, and hence there're no protests from the people waiting. I personally know of one colleague who had a later PD than me, but got the EB3-World PD since his spouse was born in Zambia. If EB3-World was current, he'd be green simply because his spouse was born in the "right" country.
Unfair ?? Maybe - but it's legal and allowed. My point is that getting an older PD in both cross category and cross chargeability are allowed today and people will continue to avail of them is they can. As long as the USCIS doesn't have issues with that, applicants will attempt to migrate between categories and countries, during their im-migration process :) Couldn't help myself with that pun there :)
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kumar1
07-27 04:18 PM
Do this - Hire a homeless person, give him a VOIP phone with unlimited calling minutes, and ask him to call USCIS every second of his life asking for your recipt. Some day you will get the good news. If you hire 10 homeless and give all of them this job then you might qualify for "investor green card"!!
Guys....please say....well said (pat on my own back)
Guys....please say....well said (pat on my own back)
pd_recapturing
01-26 03:51 PM
1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
Very accurate and to-the-point answers. Awesome post !!
Can you please keep us informed about the reason as to why did the deny your I-485?
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
Very accurate and to-the-point answers. Awesome post !!
Can you please keep us informed about the reason as to why did the deny your I-485?
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desijackass
01-04 10:39 AM
well..if he converts to a Mormon and moves to Iowa..he can have many wifes:D
I think you mean UTAH.
Is it legal to have more than one wife in India?
I think you mean UTAH.
Is it legal to have more than one wife in India?
more...
Mr. Brown
11-30 04:31 PM
Most of the EB2's are very happy with the bulletin (which they should be) but I also see most of them are non-donors (or the free riders).
Thanks IV as always for the updates and keeping the hope alive.
Agreed that I haven't contributed (yet) but that's a mighty big acquisition from your end on calling all of us EB2's free riders without any considerable data to prove it.
I think it's within our best interests to remain united until things are straightened up but I sure can understand your bitterness and hope the best for you too.
Thanks IV as always for the updates and keeping the hope alive.
Agreed that I haven't contributed (yet) but that's a mighty big acquisition from your end on calling all of us EB2's free riders without any considerable data to prove it.
I think it's within our best interests to remain united until things are straightened up but I sure can understand your bitterness and hope the best for you too.
sweet23guyin
12-22 02:12 PM
I spent 3+ months after application with out a passport, because my earlier Indian passport was issued in Sweden and SF guys want clearance from Sweden.
The ugly part is SF guys don't know how to communicate to their brothers/sisters in Sweden! Every time I en-quire they show fingers at Sweden embassy.
I use to wake up 3 in the morning to find out what the issue is with Sweden folks; almost all the time the ans is 'they did not receive any such clearance request from SF and don't have any procedure for the so called Clearance...'
With two different time zones and no direct phone support for SF consulate, it was hell to deal with out talking to any one in SF. Their phone line is a joke.
After 100's of emails(count less phone calls middle of night) with both consulates with some ugly and strong wordings(some times literally begging!), finally they issued my passport. I felt so happy seeing that than when I got my GC....and I lost valuable time window to travel.
God bless all those who wants Indian passport renewal at SF
The ugly part is SF guys don't know how to communicate to their brothers/sisters in Sweden! Every time I en-quire they show fingers at Sweden embassy.
I use to wake up 3 in the morning to find out what the issue is with Sweden folks; almost all the time the ans is 'they did not receive any such clearance request from SF and don't have any procedure for the so called Clearance...'
With two different time zones and no direct phone support for SF consulate, it was hell to deal with out talking to any one in SF. Their phone line is a joke.
After 100's of emails(count less phone calls middle of night) with both consulates with some ugly and strong wordings(some times literally begging!), finally they issued my passport. I felt so happy seeing that than when I got my GC....and I lost valuable time window to travel.
God bless all those who wants Indian passport renewal at SF
more...
rustamehind
08-10 10:33 AM
don't you think they will face problems in 140 if their education doesn't match that in labour... its not as easy as you told..
jumping the line part i understood. but the first part of your quote is not true...
You are right, they will face problems in 140 and they do.But you know what, thats why we have lawyers & education eval agencies , if you pay them they can make any degree or exp look like , anything else.
I know a guy who had BSC & got a sub labour , he had got many RFEs in his 140 , I don't know what happend in the end , but what I feel is, some of them can still trick the system.
jumping the line part i understood. but the first part of your quote is not true...
You are right, they will face problems in 140 and they do.But you know what, thats why we have lawyers & education eval agencies , if you pay them they can make any degree or exp look like , anything else.
I know a guy who had BSC & got a sub labour , he had got many RFEs in his 140 , I don't know what happend in the end , but what I feel is, some of them can still trick the system.
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illusions
02-20 05:21 PM
did anyone save that pdf on that link? i would like to see what it had to say.
more...
meridiani.planum
12-17 09:39 PM
There are disadvantage of filing AC-21 eg: RFE or Interview calls etc
What are the disadvantages of NOT filing AC-21 Memo to USCIS after job change?
Please advise
Its all gray, but after reading posts on forums the disadvantage is the same: RFEs.
If your employer withdraws your I-140 180 days past your 485 filing, USCIS will potentially issue an RFE again for employment verification letter. If you had filed a new EVL at the time of doign AC-21, USCIS knows that the I-140 revocation does not mean the end of the road, you have actually ported over to someone and he intends to hire you. Note that even 180 days past your 485 filing, you still need SOME employer to sponsor a same/similar job. (unless you are exceedingly brave and are going to self-port)
What are the disadvantages of NOT filing AC-21 Memo to USCIS after job change?
Please advise
Its all gray, but after reading posts on forums the disadvantage is the same: RFEs.
If your employer withdraws your I-140 180 days past your 485 filing, USCIS will potentially issue an RFE again for employment verification letter. If you had filed a new EVL at the time of doign AC-21, USCIS knows that the I-140 revocation does not mean the end of the road, you have actually ported over to someone and he intends to hire you. Note that even 180 days past your 485 filing, you still need SOME employer to sponsor a same/similar job. (unless you are exceedingly brave and are going to self-port)
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raj2007
02-17 11:00 PM
thanks for your supportive words for CP filers now CP filers need some relief as they are not able to get an EAD/AC21. I think we could ask to allow CP filers to file 485 with out having dates current and conserdering their CP filing date to get EAD and AC21.
Thanks everybody we need your support to come out of this situation.
Sorry to say but it seems a tough call. I will not pin my false hopes on this.
I feel Eb2 will move very fast by Oct. than any possible change in law.
Thanks everybody we need your support to come out of this situation.
Sorry to say but it seems a tough call. I will not pin my false hopes on this.
I feel Eb2 will move very fast by Oct. than any possible change in law.
more...
tinuverma
05-30 10:41 AM
Done. tried to add comments, but popup never opened.
Cheers.
Cheers.
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webm
06-05 01:50 PM
Yes it sounds EB3-I is very worst effected..with just fewer approvals...
Is that mean FB,EB1/EB2/others etc.. using more numbers and due to this EB3 numerical limit reached??
Is that mean FB,EB1/EB2/others etc.. using more numbers and due to this EB3 numerical limit reached??
more...
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askreddy
03-26 11:04 AM
Find Job in Oregon :confused:
Get DL which is valid for 8 yrs.:)
Get DL which is valid for 8 yrs.:)
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ArunAntonio
08-31 08:15 PM
I am sure you will find more like you .. just look around and try to recruit more people.
Driving from CT with my wife on Monday evening, stay overnight in NJ and along with a friend to DC on Tuesday morning!:)
We are a selfmotivated lot with no blinders!:cool:
Driving from CT with my wife on Monday evening, stay overnight in NJ and along with a friend to DC on Tuesday morning!:)
We are a selfmotivated lot with no blinders!:cool:
more...
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gcseeker2002
03-03 03:23 PM
This is probably somebody playing a prank or worse somebody trying to cheat you...cannot imagine how though.....
We cannot assume anything till the OP comes back and lets us know what happened.
We cannot assume anything till the OP comes back and lets us know what happened.
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vamsi_poondla
10-10 09:30 PM
SWITCH
S-SATYAM
W-WIPRO
I-INFOSYS
T-TCS
C-COGNIZENT
H-HCL
IS that what this means? Yes Chandu. I think analysts and investors coined this word :-) If there is going to be price pressure, further rupee strengthening and visa restrictions, these are most probably the ones that will remain in the market. Indian IT service industry is in the verge of major consolidation. Weak players will be gone and only companies which offer wide range of services and maturity will sustain. (per some analysts)
S-SATYAM
W-WIPRO
I-INFOSYS
T-TCS
C-COGNIZENT
H-HCL
IS that what this means? Yes Chandu. I think analysts and investors coined this word :-) If there is going to be price pressure, further rupee strengthening and visa restrictions, these are most probably the ones that will remain in the market. Indian IT service industry is in the verge of major consolidation. Weak players will be gone and only companies which offer wide range of services and maturity will sustain. (per some analysts)
more...
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abhijitp
08-28 06:21 PM
Here is the thread where you can request accomodation.
http://immigrationvoice.org/forum/showthread.php?t=12565
I'll shoot you an email.
I too am receiving a lot of these questions on about pick-ups/ drop-offs. Can you please start a thread for that purpose?
Some people will be arriving on the day of rally and returning right after the rally. If something can be done to pick them up/ drop them off, please let us know. Thanks!
http://immigrationvoice.org/forum/showthread.php?t=12565
I'll shoot you an email.
I too am receiving a lot of these questions on about pick-ups/ drop-offs. Can you please start a thread for that purpose?
Some people will be arriving on the day of rally and returning right after the rally. If something can be done to pick them up/ drop them off, please let us know. Thanks!
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07-02 03:43 PM
Lawyers Fee : 2000
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Fedex : 50
Medical : 700
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Birth Certificate, printing etc: 200
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Medical : 700
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mariner5555
11-20 06:32 AM
Giving speedy Green Cards to July Visa bulletin cases will ease the Housing Crisis in US.
Above statement implies, housing crisis is because of not issuing green cards.
BTW, I don't have english blood in me ;););)
your implication is wrong ..you can imply anything from a statement.
the reason I support the above initiative is because it is the most cost effective approach. immigration will/does help housing since americans already have houses and they have fewer or no kids. so immigrants constitute a sizeable chunk. a person I had met once told me - as long as you make money for yr bosses and managers they will do a lot for you (we were talking about filing for GC's) - with the same approach if you include builders and car dealers - you could get them to support IV. but my view is since our community is so divided and selfish ..nothing will ever happen because of us. whatever good happens will be because of USCIS mistakes or else we will get GC's after the long wait
Above statement implies, housing crisis is because of not issuing green cards.
BTW, I don't have english blood in me ;););)
your implication is wrong ..you can imply anything from a statement.
the reason I support the above initiative is because it is the most cost effective approach. immigration will/does help housing since americans already have houses and they have fewer or no kids. so immigrants constitute a sizeable chunk. a person I had met once told me - as long as you make money for yr bosses and managers they will do a lot for you (we were talking about filing for GC's) - with the same approach if you include builders and car dealers - you could get them to support IV. but my view is since our community is so divided and selfish ..nothing will ever happen because of us. whatever good happens will be because of USCIS mistakes or else we will get GC's after the long wait
shana04
02-12 03:41 PM
Hi Shana04,
Did you invoke AC21 with H1 transfer? I mean did you transfer your H1B to a different company which is not your GC sponsoring company? If so give me more details..
Question:
Am working for a GC sponsoring company and applied for 485 and received EAD, AP etc... Am not willing to move to EAD..can i change the company with a H1B transfer and invoking AC21? Pls give details..
Thanks
Ramesh,
I have responded the same to "kishdam "
I was in the same situation as yours.
Just file H1B with different company but with same job title and jobe code.
Then ask your attorney to send AC21, it is just a letter with new offer letter.
Good luck
Did you invoke AC21 with H1 transfer? I mean did you transfer your H1B to a different company which is not your GC sponsoring company? If so give me more details..
Question:
Am working for a GC sponsoring company and applied for 485 and received EAD, AP etc... Am not willing to move to EAD..can i change the company with a H1B transfer and invoking AC21? Pls give details..
Thanks
Ramesh,
I have responded the same to "kishdam "
I was in the same situation as yours.
Just file H1B with different company but with same job title and jobe code.
Then ask your attorney to send AC21, it is just a letter with new offer letter.
Good luck
gc_mania_03
06-26 11:57 AM
I am not saying Thanks and Good bye, As you see even after my GC I am still responding to your message. I am fully supporting the VI initiative. but the problem is that USCIS will do only what they think it is right and not what is really right. Me being in the Q for so long , I will never forget the Horrors of waiting for GC, even after getting the GC.
We as indians are divided lots in every area, we are like CRABS. certainly I am not one of those CRABS, My friends will give a ample proof about that.
In matter of fact, As a community, we are not PROUD about OURSELVES and our HINDU CULTURE, we cannot make any DHARMIC efforts to come under ONE UMBRELLA and fight for our cause. IV is one initiative, which is good but not enough, because do we get any help from our Indian Embassy or any Indian Organisation in America to support us, NEVER. this is because we DONOT LOOK UPTO OUR INNER VOICE AS HINDUS. I am not saying this to you in particular, I am referencing this as an INDIAN COMMUNITY. SO PLEASE NOTHING PERSONAL.
every one of us is a GOOD PRACTISING HINDU BECAUSE WE LIVE LIFE WITH OUR DHARMIC VALUES AND PRINCIPLES. IT IS TIME TO COME TOGATHER AND IMPLEMENT THOSE VALUES AS A HINDU SOCIETY.
thanks for your suggestion i really appreciate that.
:)
Ok all this Dharmic moralistic talk was highly unwanted.
Congrats on the news and thanks for trying to be united.
We as indians are divided lots in every area, we are like CRABS. certainly I am not one of those CRABS, My friends will give a ample proof about that.
In matter of fact, As a community, we are not PROUD about OURSELVES and our HINDU CULTURE, we cannot make any DHARMIC efforts to come under ONE UMBRELLA and fight for our cause. IV is one initiative, which is good but not enough, because do we get any help from our Indian Embassy or any Indian Organisation in America to support us, NEVER. this is because we DONOT LOOK UPTO OUR INNER VOICE AS HINDUS. I am not saying this to you in particular, I am referencing this as an INDIAN COMMUNITY. SO PLEASE NOTHING PERSONAL.
every one of us is a GOOD PRACTISING HINDU BECAUSE WE LIVE LIFE WITH OUR DHARMIC VALUES AND PRINCIPLES. IT IS TIME TO COME TOGATHER AND IMPLEMENT THOSE VALUES AS A HINDU SOCIETY.
thanks for your suggestion i really appreciate that.
:)
Ok all this Dharmic moralistic talk was highly unwanted.
Congrats on the news and thanks for trying to be united.
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