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  • michael_trs
    05-13 11:56 AM
    I have my company�s lawyer that I have to use but he is not experienced with this. My company wouldn�t be happy if I suggest switching to another lawyer so I need to control this myself.


    Actually what I realized out of my experience with GC processing � it�s better to be involved into this process as much as possible.





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  • michael_trs
    05-14 04:48 PM
    Ok. I understand that if I state Master's + 3 or 5 years experience for Software Engineer position I need to answer NO to H14 "requirements normal for the occupation?" because it exceeds SVP. Agree?

    Now the question is does it automatically lead to audit?





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  • english_august
    09-11 12:29 AM
    Bump!!





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  • mirage
    07-16 11:32 PM
    They are all liars. Everybody on the hill knows H1B pays all kind of taxes. It's not worth wasting time in correcting somebody who's not ignorent but telling lies, same is true with Lou Dubbs



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  • msyedy
    12-13 01:29 PM
    I like your thoughts

    I would want a faster GC for many things
    a) Spouse can work in any field. People can be talented in many other skills but cannot work because of EAD factor.

    b) I can go out of country any time. There are lot of checks at embassy and I am with them that they need to check all about me or anyone, but it takes months to get clearance and I cannot leave my job. Nor the job would keep me with 4 month vacation .Many of my friends have gone through this.

    my two cents





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  • sathyaraj
    11-15 04:25 PM
    This may seem as easy as it sounds, but could you get into trouble. Along with EVL USCIS also asks for pay stubs and W2s for RFE. This is to asses your intentions of continuing the job as mentioned in ur labour. Eventhough GC is for future employer. if USCIS finds out that you are not working in a job which matches the job description, it could create problems.

    Use EAD to join the company but during I-485 process if they ask for EVL keep a back up company which can give EVL with Labor job description. Hope this helps.



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  • morchu
    07-26 04:36 AM
    Check the labor laws. Sometimes the 60 days notice requirement maybe voided by law. Also check the exact terminology in the job contract. Binding you to an employment via any kind of contract is not authorized.

    Anyway, even if you send the AC21 letter after this 60 days, it still should be OK. You may not even get an intention to denial letter, because revocation of 140 takes time as well. Even if you get the letter, you can reply to it mentioning your job change, and ac21 invocation, and it should be OK.

    In the worst case scenario, you can always file a new LC and 140 with your new employer and still keep the old priority date (even after revocation of old 140, just keep the copy of old 140 approval letter). That way you will be in same exact state in less than a year (PERM takes around 3....4 months, 140 premiumprocess takes less than 2 weeks, and most probably you may not be too far from current, and can file 485).

    As a whole, my suggestion would be that, don't let a pending green card process stop your career growth. You never know how LONG you might stay in halt state in your career, if you do that, especially because of the whole GC processe's ultimate uncertainty.

    There is always ways out (AC21, newGC process but same priority date etc.)
    And in the worst case it may get a bit delay for your final GC approval. But I tend to think, that is OK when compared with a steady career growth.

    If you tend to stuck with the same employer, in halt state of your career growth, merely because of GC process, in the end, after getting the GC approval, you will realize that it was foolishness and getting GC a bit earlier was not that important.

    Well the above is my personal opinion. Ultimately it is your choice.

    -Morchu


    My question is:
    My I-485 is pending for more than 180 days and I have I-140 approval as well.
    I am planning to change job as soon as possible but I have to give 60 days notice before I resign my Job as per our Employment terms and conditions.

    If they withdraw my approval I-140 status between 60 days, what is going to happen my I-485 Status? Still is valid my I-140 and Can I use Ac 21 as per UCCIS memos.
    �Do I need to send AC 21 first before opting by the New Employer?
    Thank you.





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  • solaris27
    04-20 02:41 PM
    6 months



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  • ghost
    02-07 10:28 AM
    they are talking about statistics on legal immigration backlogs and suggesting that they be cleared....aligned with IV goals





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  • brb2
    08-06 01:22 PM
    Honorable Senator Specter

    Did you know that during the immigration debates, the most shrill voices against �immigration reform� (legitimizing illegal immigrants) was by legal immigrants who are living here in the US, and waiting for green cards, while their spouses are not allowed to work (half a million at the most recent count). Others who were against the reforms were immigrants who came here legally after waiting years, and are now green card holders. Democrats and liberal Republican senators have shown no empathy for legal immigrants and US citizens in their zeal for legalizing illegal immigrants through "immigration reform". I was not surprised to see just a single statement in your article, at the far end (probably as an afterthought) about green cards for legal skilled immigrants. Over 350,000 legal immigrants (99%) of who have nothing to do with crime are stuck in FBI name checks, and are unable to naturalize. Another 500,000 highly skilled legal immigrants (Doctors, Engineers etc) most of whom studied in the US, are stuck in retrogression (from countries such as India, China, Philippines etc). These legal immigrants are not even on your radar, even as Senators such as yourself, Ms. Diane Feinstein and others loose no opportunity to try to provide amnesty for the 12 million people who crossed over the border with scant regard for US law. You want to reward these people ahead of any �reform� for legal skilled workers. So much for President Bush�s statement about �putting these undocumented workers at the back of the line�. I don't think the American citizens will ever buy this lopsided reform. Genuine Border control is being held up as bait, for legalizing 12 million people. Please attend to border control and solve legacy problems of legal skilled immigrants already in the US, before doing anything on legalizing �undocumented workers�. Why is this so hard for our honorable congressmen and women to understand?

    Lastly neither USCIS nor the FBI is able to timely service the legal immigrants already here, how do you propose to process the illegal immigrants without causing huge delays for those who played by the rules?



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  • InTheMoment
    07-23 10:16 AM
    What I have heard from others having the same issue is that they would put your given name as the last name (as it is the index in their db) and put the "FNU" (First Name Unknown) under the first name. I know, this is ridiculous as you have a first name ! Hope they have something like a "LNU" as well

    You meant to say NA for "not applicable" right? Others may not interpret Name followed by NA in the same way. This part of the world NA also stands for "North America" :)

    This might cause issues in long run especially when you apply for GC or even extention of visa as the Name in the passport will not match the visa or even your records from school and university.





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  • senthil1
    12-06 11:42 PM
    I think Eb2 is much better. Retrogression is hardly more than 3 years and moves fast sometimes. Best thing is get a preapproved labor if available in your company



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  • petersebastian
    03-31 05:49 PM
    Your 180 days start from the day your I-94 expired. And yes, 2 weeks or 4 weeks over stay will make a difference. Next time when you enter the country or at the Visa office they might ask you the reason.

    You did nit clarify if your partner is a US citizen, PR or visa holder. That might help in giving you some additional advise.

    He's American. I am aware that they will ask about that but I just want to make it clear that I'm facing a 3 year ban after overstaying the 180 days after my I94 expiration date (so the end of July in my case).





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  • snathan
    09-29 09:21 AM
    We have taken indian jewellary with us when we travelled to India. I dont think it is a problem and you dont have to declare it in customs. I think if you are carrying cold in the form on coins or bars, you will have to pay customs. I dont remember but it says in the customs form that personal jewellary need not be mentioned. I would check the india's customs website.

    I never knew this....:D



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  • bugmenot
    07-21 08:02 PM
    Damn I am going to be pissed off if he gets a green card before I do.
    beckham wud have got the o-1 visa for extraordinary aliens and would apply for a eb1 GC whc needs no LC or anything of that sort, all and above he would get his GC done in about a year or less time





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  • randomdude
    12-07 12:11 PM
    There is no gain in waiting longer.

    What is AC21? It exists due to immigration rules of limited PDs and backlogs which prolong the processing time of a 485 beyond 180 days. Since these delays are caused by their system, they have provided the option of switching employers as long as certain criteria is met.

    As long as you meet the critieria you are all set. Waiting longer without meeting the criteria will be of no use and if you meet all the requirements of AC21, there is no reason to wait.

    Thanks for replying KaiserSoze...nice name btw, hope you are not a figment of imagination like the one in the movie ;-)

    I don't intend to be intrusive, but are you currently on EAD? Or do you plan to move to it?

    I have also read at multiple places that the receipt date is the date from which we start counting 180 days for AC21. I believe that this date still holds true when one's case is transferred from say NSC to TSC. Does anyone know this for sure?

    As luck would have it, my contract with my client ends on the 183rd day of my receipt date! Hence this and the original question



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  • waitingGC
    01-15 10:11 AM
    I think more members will join and people will be willing to contribute more if they see positive things happening. Right now we seem to be going no where. Even if a basic thing like filing for 485 during retrogression gets passed, people will gain confidence in IV and they will be willing to contribute money.

    I totally agree with you! Many members are doubtful of what IV can really do for legal immigrants. Many people think that nothing can be achieved with just less than 10,000 people. Without seeing any hope for any changes, people just feel desperate and stay where they are without thinking of this issue.

    I've read a post in a Chinese immigration website regarding how they thought the immigration trends in the future. Most people, if not all, believed that most of the immigration bills, including CIR, SKIL, and 485 filing, have no chance to be passed in the congresses, not only this year, but also in the future. They thought that the only thing that had a chance was H1 quota increasing. I hope that's not true. But their arguments made sense. We believe that we contribute to this country so this country needs us. But Americans don't think so. Many ordinary Americans do not really care about legal immigrants. Those who care may have lost their jobs to us. Our employers don't really want us to get GC because we can change jobs freely once we have GC.

    Those thoughts, combined with last year's facts, make people believe that we cannot make a change. But I believe that if IV can make any change in the near future, e.g. 485 filing, people would regain confidence and join this organization. This is like a vicious circle. People don't contribute, then IV cannot achieve goals. Thus more people lose confidence and contribute even less.





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  • pappu
    04-19 12:33 PM
    This thread is being closed as posted earlier in the thread. There will be mini action items posted in future by leaders of this initiative. Please participate on those initiatives.





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  • coolngood4u80
    02-07 11:13 AM
    Please share about the discussion. Unfortunately I am unable to watch it due to proxy firewall.





    kaisersose
    04-21 04:47 PM
    Wow!

    Texas does not give a damn about any of this.

    Just saw my SSN card, old DL and EAD and gave me a license which expires in 2014.





    ashkam
    04-01 03:24 PM
    Really? Nobody? Nothing? :( Please, any advice will do, I'm desperate, I don't want to leave in 2 weeks, I need some more time with my partner...

    You already have the answer : It is 180 days after your I-94 expires, not the day of your arrival.