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  • sledge_hammer
    02-18 12:08 PM
    If the question is whether AC21 can be used or not, then the answer is YES. If the question is whether it is legal or not, then the answer is illegal. If the applicant never had the intention to work for the company that filed for GC, then it is fraud.

    Besides, with VSG Inc. in such a big mess, who knows what USCIS is going to decide about these cases!


    Incorrect.

    As per Yates memo (link (http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf))
    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.

    ______________________
    Not a legal advice.
    US citizen of Indian origin




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  • SunnySurya
    08-21 03:15 PM
    Thanks, I gave you some green dots for your answers.
    You asked about my age: I will be 40yrs old this December. I came here when I was 29.
    Even though you wanted to file a lawsuit against EB3( I am EB3 2004, with US Masters and Indian Bachelors both in Computer Science) I will still go ahead give you some suggestions.

    1) I am guessing since you are working for consulting company, you might have worked at client places here in US. Nowadays everyone is in the fashion of opening their own India office like Target, BOA etc. So if you have worked with these clients and have good references from a PM or VP then you might be able to get in India office fairly easily and with really good pay. You could try for managerial roles.

    2)As someone suggested Real Estate is another option

    3) Otherthing to look in to is opening a school, this will help serve the community and also make money for you. Schools in India are going nowhere, so very less risk.

    Hope this helps you...but what I am not sure from your statements is, are you frustrated with the wait for GC or are you frustrated with making less than what you should be making or are you frustrated in general?

    Do not know your age, could be mid life crisis :D think about it....take a vacation....




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  • Iamthejuggler
    01-22 05:48 AM
    Well ...

    "Click in the flash to activate it and move the mouse to rotate the camera." sounds mighty fine to me. Thanks kirupa :)




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  • sam_hoosier
    06-22 04:34 PM
    Which is the best place(Kinkos,Sears,Ritz) to take photos for I-485?

    If you are just looking for the least expensive option, try CVS. The pics dont come out bad ;)



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  • franklin
    02-10 10:14 PM
    It actually depends what nationality you are, since that CAN mean a huge amount of difference with the speed of getting your greencard through EB3 or EB2.

    I'm in a similar situation, and could apply in the EB2 category, if I decided to change my job, however, I do have a good deal of company loyalty so I am reluctant to do that.

    If I did that, my EB2 category is current, my EB3 category is retrogressed - but I value my job and quality of life at my current company higher than the risk of moving to another job JUST to get a greencard quicker

    You should eligible for Eb2 by default because of your education unless your current job does not need one..

    It is nothing to do with the individuals education level, a person with a PhD would qualify for an EB3 only, if that was what the job description stated




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  • raysaikat
    05-30 10:40 PM
    Thanks a lot for the information.
    I am just concerned about the fact that I do not have a job and have been unemployed for more than the 90 day OPT period. I'm not sure what my status is,given such a scenario.
    Thanks!

    You are allowed a maximum of 90 days of unemployment during the 12 month OPT period. After that, you are accumulating out of status days. I do not know what is the penalty for out of status days --- typically more than 180 days of out of status days are bad.

    http://edocket.access.gpo.gov/2008/E8-7427.htm
    2. Periods of Unemployment During OPT
    DHS regulations currently define the period of an F-1 student's
    status as the time the student is pursuing a full course of study at an
    SEVP-certified school or engaging in authorized post-completion OPT. 8
    CFR 214.2(f)(5). They do not specify how much time the student may be
    unemployed, making it difficult to determine when an unemployed student
    on post-completion OPT violates the requirements for remaining in F-1
    status. As status during OPT is based on the premise that the F-1
    student is working, there must be a limit on unemployment, just as the
    F-1 student's period in school is based on the premise that he is
    actually pursuing a full-time course of study, and there are limits on
    how often the student can reduce his course load. An F-1 student who
    drops out of school or does not pursue a full-time course of study
    loses status; an F-1 student with OPT who is unemployed for a
    significant period should similarly put his status in jeopardy.
    Therefore, this rule specifies an aggregate maximum allowed period of
    unemployment of 90 days for students on 12-month OPT. This maximum
    period increases by 30 days for F-1 students who have an approved 17-
    month OPT period. In addition to clarifying the student's status, this
    measure allows time for job searches or a break when switching
    employers.

    http://www.ice.gov/sevis/updates_postcompletion_opt.htm#_Toc174419546
    4.9. Unemployment time

    The time spent without a qualifying job during post-completion OPT. Except as noted in the section on what counts as time unemployed, each day that the student is not employed in a qualifying job, is counted toward the limit on unemployment time. The limit is 90 days for students on post-completion OPT including those with a cap gap extension, except that students with a STEM OPT extension are given an additional 30 days of unemployment time for a maximum of 120 days.



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  • knowDOL
    08-23 09:37 AM
    good one.

    Just correct the do to don't, you are all right.
    That's because most people do even know what a I-485 looks like :confused: and will likely not know for years!




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  • trueguy
    08-08 09:22 PM
    you shd have come with after 2004 before 2005 bullet too ..actually not sure if this poll is of use since there are many EB3 people who don't even visit this site...

    How do I add more options in this Poll now? I didn't mean to discriminate and I was being realistic here. Sorry about that. Please someone, help me add more options to this poll.

    Thanks.



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  • pappu
    05-08 10:26 AM
    Hello all,

    While I was out, the office of Congress called my home last night in regards to the email i sent them a month ago about the GC retrogression and H1B shortage. They asked me to return their call, I hold off calling them back because I'm confused of what to say, the thing is i don't want to disclose where I work (don't want to get my company involved). But really I am not sure what they have called me for given that email i sent them. Any ideas would be appreciated.
    Good to hear that.
    You must follow up with them and tell them that you are an IV member and stuck in rertrogression. Educate them a bit about the long delays in the green card process and seek an appointment with them so that you can discuss the issues in person. As soon as you seek an appointment, get in touch with IV. (varsha at immigrationvoioce.org and sanjay at immigrationvoice.org )and they will guide you for the meeting.
    These are good signs that the office wants to discuss your concerns. Make use of the opportunity and help this community and yourself by following it up. If you would not like to disclose your employer to the lawmaker, that is fine. Generally lawmaker offices are considerate and very friendly. You will like the experience after you have met them.




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  • chanduv23
    12-16 10:59 AM
    A freind of mine had two years EAD and don't have H1 anymore. His drivers License was denied as EAD is not considered a valid document for drivers License extention.
    This happened in Wayne , NJ.
    I too will be going for the renewal soon. Did anyone else faced similar situtation. If yes, how did they resolve?

    We must get this addressed. Write to the DMV to sort this out. Pending 485 is a valid status and that needs to be sorted out.

    Lets make a list of DMVs not accepting pending 485 as valid form.



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  • Kevin Sadler
    July 27th, 2005, 11:05 AM
    Freddy you're good.




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  • bushman06
    08-20 06:43 PM
    I have travelled on an about to expire passport. It US immigration officer was nice and asked to promise him that I would renew my passport as soon as I got home.



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  • wandmaker
    11-05 10:43 AM
    ......
    I want to convert this H1b application to Premium Processing now, that is after responding to the RFE. My current company's lawyer claims that we cannot convert to Premium Processing after an RFE is issued and answered. Is this is true? Can an application be converted to PP only if it does not receive an RFE? I thought it can be converted anytime...please advice.

    You need to send in the I-907, please read section "Premium Processing Service for Form I-129 -Upgrades for Pending Cases" on Page 2 of Download Instructions PDF USCIS - Request for Premium Processing Service (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=79ef78264614d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)


    ...
    If you have already filed Form I-129, and you wish to requestPremium Processing Service, file Form I-907 with the ServiceCenter where Form I-129 is pending. Include a copy of FormI-797, Notice of Action, or a copy of the transfer notice, ifapplicable, showing the location of the relating petition. Toensure that Form I-907 is matched up with the pending FormI-129, you must completely answer Questions 1 through 5 inPart 2 of Form I-907. If this information is not provided, theForm I-907 will be rejected. The Premium Processingaddresses for each service center that handles Form I-129 islisted in the Form I-129 filing chart
    ...




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  • pd_recapturing
    06-17 02:27 PM
    Today, I just saw in one of the threads in that a guy received his GC last week. He chnaged jobs twice on AC21. So dont worry, you can change jobs n number of times.



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  • GCBy3000
    08-03 10:50 PM
    They would not have received even one application on 7/1 as this is sunday.

    What about I-131. That is 7/1/2007. Its confusing




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  • bluekayal
    10-17 08:15 AM
    thanks for clarifying.



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  • jatinr
    06-02 11:36 AM
    Since you have applied change of status, you are on pending H1B and not out of status. But if your H1B is approved before your L1B expires and has effective date of 1st October, you will be out of status for those 15 days.

    I don't think it will matter as you are allowed to come in US 10 days prior to Oct 1st if you are coming on fresh H1B, although you can work only from Oct 1st.

    So even if you don't file an extension it will be fine, although your last working days with L1B company will be Sept 15th.




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  • vandanaverdia
    09-11 02:56 PM
    FYI

    "Competing against fast-growing technology companies in India offering jobs with handsome pay raises and quick promotions, Microsoft has to work harder these days to attract and retain the best and brightest Indian engineering talent."

    http://www.canada.com/topics/technol...d08f52&k=30524

    Please join the WA state chapter....




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  • chakalov
    10-10 12:41 PM
    Application received by NSC on July 19. Called USCIS yesterday 10/09/07 - still nothing in the system. I'll call again in a week.




    somegchuh
    10-27 11:36 AM
    My wife called VFS in New Delhi and they said it is normal procedure for them to keep the originals and mail them back with the passport. We will see how it goes.




    yabadaba
    06-18 12:29 PM
    right.. thats what i thought.. thanks for your opinion.....at least that means i was thinking along the same lines. i ll doubl check with my attorney.

    thx again



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