prince_charming
09-12 11:50 PM
Prince charming - I invoked AC21 sometime back after 180 days of filing 485 and moved to a new job on EAD.
My ex employer revoked 140. At this point of time I did a lot of research and found out the following things
(1) AC21 letter never reaches your file - there is no system in place for AC21 letter. G 28 gets into the system because there is a process in place for G 28
AC21 is a law that allows you to change jobs but there is no system in place.
(2) AC21 letter must be provided upon request - different officers want differtent information so they generally issue a NOID and ask you to submit evidence in 30 days. USCIS in some cases sends out straight denials. The denial letter generally has information to file MTR within 30 days if the case needs to be reopened due to USCIS error.
In August when my case was being processed, they sent me a NOID but sent my wife Fp notice - I called customer service and was advised that she can go for FP as usual but I have to respond to NOID before they move forward with my case and I promptly responded with AC21 and my case status changed to "Case reopened, response received" and there were soft LUDs hitting my 485.
Keep all documentation ready and be proactive, you can hire a good lawyer from MTR, remember that when you file for MTR, you cannot work - so before you inform your employer, get a letter from them and then inform them - in case employers will be reluctant to give any documentation if they know you cannot work for sometime. If you are on h1b you dont have to worry.
MTR approvals can take 3 to 5 weeks or more too.
if not on h1b you start accruing unlawful status and usually lawyers suggest that you stay till less than 180 days when your MTR is filed - it never takes 180 days for a decision on MTR so dont worry about unlawful status.
These are hidden risks in AC21 but good news is that AC21 cases have always been successful.
You may have to go through this period of uncertainity.
Good luck.
I have already informed my attorney about CRIS email i received. Also as i used H1B transfer to join new company and never used EAD i am not accuring any unlawful status.
For sure G-28 reached as i saw LUD a week after sending G-28 but AC21 is lost somewhere in USCIS blackhole.
My ex employer revoked 140. At this point of time I did a lot of research and found out the following things
(1) AC21 letter never reaches your file - there is no system in place for AC21 letter. G 28 gets into the system because there is a process in place for G 28
AC21 is a law that allows you to change jobs but there is no system in place.
(2) AC21 letter must be provided upon request - different officers want differtent information so they generally issue a NOID and ask you to submit evidence in 30 days. USCIS in some cases sends out straight denials. The denial letter generally has information to file MTR within 30 days if the case needs to be reopened due to USCIS error.
In August when my case was being processed, they sent me a NOID but sent my wife Fp notice - I called customer service and was advised that she can go for FP as usual but I have to respond to NOID before they move forward with my case and I promptly responded with AC21 and my case status changed to "Case reopened, response received" and there were soft LUDs hitting my 485.
Keep all documentation ready and be proactive, you can hire a good lawyer from MTR, remember that when you file for MTR, you cannot work - so before you inform your employer, get a letter from them and then inform them - in case employers will be reluctant to give any documentation if they know you cannot work for sometime. If you are on h1b you dont have to worry.
MTR approvals can take 3 to 5 weeks or more too.
if not on h1b you start accruing unlawful status and usually lawyers suggest that you stay till less than 180 days when your MTR is filed - it never takes 180 days for a decision on MTR so dont worry about unlawful status.
These are hidden risks in AC21 but good news is that AC21 cases have always been successful.
You may have to go through this period of uncertainity.
Good luck.
I have already informed my attorney about CRIS email i received. Also as i used H1B transfer to join new company and never used EAD i am not accuring any unlawful status.
For sure G-28 reached as i saw LUD a week after sending G-28 but AC21 is lost somewhere in USCIS blackhole.
wallpaper featuring Liv Tyler in an
uma001
08-08 10:22 PM
Hello PAL
I also came to Toronto in 2007. I was a F1->H1B tired of the H1B dance through stamping,
body shopper etc. I came in 2007, did MBA at U of T....doing well now. Yes Canada is tough job market but eventually it is working out....but hey US under H1B is tougher and worse. I never regret the decision. If I have to take the decision again, I will take the same decision.
One thing for sure...I am definitely better than US H1B mess, changing place to place like nomads for projects and yes better than the 1.5 typical travel to work on jammed roads in India or hour long travel in Mumbai locals.
I think of working in US in future but never under the mess of H1B body shopper. I will try TN1 visa (now 3 years). I am not against working on H1B but not under the desperate terms that one has to typically do if one has Indian passport. The way i see is that skilled immigration to US is over under Eb2-I/Eb3-I. A lot of people have yet to accept the reality.
Go_guy when did you come to US, When did you go to Canada (Toronto).Which job are you doing now in Toronto?
I also came to Toronto in 2007. I was a F1->H1B tired of the H1B dance through stamping,
body shopper etc. I came in 2007, did MBA at U of T....doing well now. Yes Canada is tough job market but eventually it is working out....but hey US under H1B is tougher and worse. I never regret the decision. If I have to take the decision again, I will take the same decision.
One thing for sure...I am definitely better than US H1B mess, changing place to place like nomads for projects and yes better than the 1.5 typical travel to work on jammed roads in India or hour long travel in Mumbai locals.
I think of working in US in future but never under the mess of H1B body shopper. I will try TN1 visa (now 3 years). I am not against working on H1B but not under the desperate terms that one has to typically do if one has Indian passport. The way i see is that skilled immigration to US is over under Eb2-I/Eb3-I. A lot of people have yet to accept the reality.
Go_guy when did you come to US, When did you go to Canada (Toronto).Which job are you doing now in Toronto?
goel_ar
03-28 01:59 PM
But then again - there are lot of rules that doesn't make sense. I feel that it is better to spend energy to get them amended..
if you could make a difference then take your pick from ....
a) ban EB3-Eb2 porting
b) or EB1 abuse
c) or eliminate country quota
d) or recapture the visa
e) or don't count dependents in EB category.
f) or abuse by body shop consutling firms
g) or Automatic GC or citizen after x years........
h) ..... list goes on..
.. if all could be done @ same time - it would be perfect..
Ahh.. atleast i have one person who is agreed on my point. Thanks
MC
if you could make a difference then take your pick from ....
a) ban EB3-Eb2 porting
b) or EB1 abuse
c) or eliminate country quota
d) or recapture the visa
e) or don't count dependents in EB category.
f) or abuse by body shop consutling firms
g) or Automatic GC or citizen after x years........
h) ..... list goes on..
.. if all could be done @ same time - it would be perfect..
Ahh.. atleast i have one person who is agreed on my point. Thanks
MC
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walking_dude
04-25 09:22 PM
My contribution of $100 to the Recapture Drive. ID #9SC496742L7390206. This is in addition to $50 monthly contribution (already sent this month) and money spent to travel to DC for Phase II lobbying.
Together we will Recapture all the wasted visas. Go IV.
Together we will Recapture all the wasted visas. Go IV.
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santb1975
05-01 01:17 PM
We are slow. Aren't we??:confused:
onemorecame
08-06 12:15 PM
If you are employed in IT field, as far as I know federal skilled workers and AINP H1b stream are almost blocked except for managers. Canada immigration program has a list of occupation category; if you work in one of the listed classification then you can apply for PR. About an year back federal skilled worker deleted all computer related classification but managers. In May 2009, AINP did the same and now only IT managers are eligible.
If you are employed in non-IT category, you may still be eligible.
But AINP looks "little" better when compared to other immigration programs.
is it mean Canadian door's are closed for people who employed in IT field and do non-managerial job?
Is there any other alternative option to apply Canadian PR after exclusion of occupation category from federal and province Skilled worker category?
If you are employed in non-IT category, you may still be eligible.
But AINP looks "little" better when compared to other immigration programs.
is it mean Canadian door's are closed for people who employed in IT field and do non-managerial job?
Is there any other alternative option to apply Canadian PR after exclusion of occupation category from federal and province Skilled worker category?
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SmSm
12-01 10:50 AM
Lets NOT do a hunger strike.
Think of something that is unique, gets media attention, something that has not been done, but conveys the message in a very subtle way and yet is very powerful and will create a lump in the throat.
Free math turoring, free SAT preperation classes, you get the idea....
Think of something that is unique, gets media attention, something that has not been done, but conveys the message in a very subtle way and yet is very powerful and will create a lump in the throat.
Free math turoring, free SAT preperation classes, you get the idea....
2010 Liv Tyler Gives Good Face
dilbert_cal
05-10 02:13 AM
If you have already filed 140 and 485 together in July 2006, it is already more than six months. Since you wrote you have used AP, I'm assuming you have filed 485 as well.
If the above is true, you can join a new employer for a similar job or rather same job description and do AC21 to move your case to the new company. Since your 140 is still pending, it will be an issue but not something which will realistically impact you if you do your AC21 paperwork nicely. If your 140 was approvable when it was filed, you shouldnt have any issues.
You need to do two things -
a) Find an employer to switch to immediately.
b) Find a good lawyer who will help you out on AC21
If the above is true, you can join a new employer for a similar job or rather same job description and do AC21 to move your case to the new company. Since your 140 is still pending, it will be an issue but not something which will realistically impact you if you do your AC21 paperwork nicely. If your 140 was approvable when it was filed, you shouldnt have any issues.
You need to do two things -
a) Find an employer to switch to immediately.
b) Find a good lawyer who will help you out on AC21
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vamsi_poondla
09-04 01:12 PM
We should attend. It matters a lot.. Even uneducated farmers fight for their right. Why should we not show some solidarity and let the nation hear our voice?
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NolaIndian32
06-24 01:07 PM
Called and left message today.
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reedandbamboo
10-29 11:10 AM
Is it possible to get an emergency AP 90-days after the renewal application receipt date?
The reason I'm asking is because I would like to purchase airfare now for travel in January .. but am concerned that my AP won't be approved within the 90-day period USCIS mandates.
Thanks!
The reason I'm asking is because I would like to purchase airfare now for travel in January .. but am concerned that my AP won't be approved within the 90-day period USCIS mandates.
Thanks!
hot Not because Liv Tyler does not
desitechie
09-29 12:58 PM
I agree with the OP that Air India is one of the worst airlines for service. I have travelled a lot in AI due to company policy peviously.
Now that I dont have any obligation, I always prefer Singapore and Cathay pacific. They rock!!!
Excellent service (specially for elderly people and kids), fresh food and reasonable prices.
Now that I dont have any obligation, I always prefer Singapore and Cathay pacific. They rock!!!
Excellent service (specially for elderly people and kids), fresh food and reasonable prices.
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indyanguy
10-02 07:09 PM
A very surprising thing happened in our company today. Shocking it may seem, they laid off 5 employees in my department today without any notice. Today's happenings makes me want to gather as much info as possible in case something unexpected might happen.
I am a July 2nd filer of 140/485 concurrently. No I140 approval yet. Received AP and EAD for both me and my wife.
If I request my employer not to revoke I140, will I be able to use my EAD for my next job?
Can someone give suggestions on what other options I have if something terrible happens to me?
Thanks
I am a July 2nd filer of 140/485 concurrently. No I140 approval yet. Received AP and EAD for both me and my wife.
If I request my employer not to revoke I140, will I be able to use my EAD for my next job?
Can someone give suggestions on what other options I have if something terrible happens to me?
Thanks
tattoo Let#39;s have a look at Liv Tyler
Michael chertoff
03-28 02:38 PM
May I know how its related here...I dont want to start another Donor vs Non-Donor fight.:p
It is related my friend, you need to update your profile. dont hide your information and try to get money from other members for DC Rally. I dont think i am asking anything wrong here. you need to updated your information.
Thanks
MC
It is related my friend, you need to update your profile. dont hide your information and try to get money from other members for DC Rally. I dont think i am asking anything wrong here. you need to updated your information.
Thanks
MC
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pictures Liv Tyler
godspeed
01-13 11:38 AM
answes inline
Hello,
I have a few questions regarding the application for AP for a dependent, and I would appreciate it if someone would answer them.
1. If the dependent is applying for AP, should I include the primary applicant's I-485 in the application packet?
>>> U mean 1-485 receipt notice then no, just apply the dependents i-485 notice
2. The dependent has an EAD. Is it necessary to include copy(ies) of the EADs with the AP packet?
>>> Yes, it shows the current status as on EAD.
3. If the previous AP has expired, is the applicationo process for a new AP different from that if a non-expired AP is being renewed?
>>>No, apply as renew, I had done this last time and it worked out alright
4. I was reading in some threads that the $305 fee will be waived if there is a pending I-485. Is that correct?
>>>No way man, we have to shell out(if you are july'07 filer), even otherwise does 305 really matter?? its not worth the hassle of rfe,denial refiling etc(just my humble opinion).If possible take a look at my blog post, might be helpful in writing a cover letter.
Thanks in advance!
Hello,
I have a few questions regarding the application for AP for a dependent, and I would appreciate it if someone would answer them.
1. If the dependent is applying for AP, should I include the primary applicant's I-485 in the application packet?
>>> U mean 1-485 receipt notice then no, just apply the dependents i-485 notice
2. The dependent has an EAD. Is it necessary to include copy(ies) of the EADs with the AP packet?
>>> Yes, it shows the current status as on EAD.
3. If the previous AP has expired, is the applicationo process for a new AP different from that if a non-expired AP is being renewed?
>>>No, apply as renew, I had done this last time and it worked out alright
4. I was reading in some threads that the $305 fee will be waived if there is a pending I-485. Is that correct?
>>>No way man, we have to shell out(if you are july'07 filer), even otherwise does 305 really matter?? its not worth the hassle of rfe,denial refiling etc(just my humble opinion).If possible take a look at my blog post, might be helpful in writing a cover letter.
Thanks in advance!
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dixie
11-08 04:03 PM
Let me ask you the opposite question : How does NOT passing CIR help us ?
I bet you don't have a convincing answer for that. Therefroe, it follows that CIR (even if it is not ideal) will be better than no bill being passed.
And all those anti-CIR folks please get this : It does NOT give instant citizenship to anyone, nor does it put these folks ahead of us in the line. Thats just rhetoric from the likes of numbersUSA and lou dobbs blindly being parroted by some morons/idiots/imbeciles here. The core team had repeated this several times when CIR was under discussion. CIR is definitely not ideal for us because of the possibility of collateral effect from USCIS being overwhelmed, but is that worse than our current situation of waiting till retirement for our PDs to become current ?
As rheoretro mentioned in an earlier post "Burning someone else's house down is not going to help us build our own". That is particularly true for us .. those who who are against illegal aliens are also against high skilled legals with a few honorable exceptions like Cornyn and Kyl. If that wasnt the case, the house and the senate would have passed SKIL in a jiffy by now. Its best for us to remain neutral on the illegal alien issue .. and back it to the extent that it benefits us through a piggy back ride.
How does passing CIR help us? I didn't really have the energy to go thru the whole bill but it didn't specify what "line" those 20+million ppl who eventually get amnesty will be processed in. If they line up on EB3 or a supplementary bill in the future decides to allocate some EB3 to a "Schedule B" (just for example), then we are right back to where we started (but add more years to the waiting).
I bet you don't have a convincing answer for that. Therefroe, it follows that CIR (even if it is not ideal) will be better than no bill being passed.
And all those anti-CIR folks please get this : It does NOT give instant citizenship to anyone, nor does it put these folks ahead of us in the line. Thats just rhetoric from the likes of numbersUSA and lou dobbs blindly being parroted by some morons/idiots/imbeciles here. The core team had repeated this several times when CIR was under discussion. CIR is definitely not ideal for us because of the possibility of collateral effect from USCIS being overwhelmed, but is that worse than our current situation of waiting till retirement for our PDs to become current ?
As rheoretro mentioned in an earlier post "Burning someone else's house down is not going to help us build our own". That is particularly true for us .. those who who are against illegal aliens are also against high skilled legals with a few honorable exceptions like Cornyn and Kyl. If that wasnt the case, the house and the senate would have passed SKIL in a jiffy by now. Its best for us to remain neutral on the illegal alien issue .. and back it to the extent that it benefits us through a piggy back ride.
How does passing CIR help us? I didn't really have the energy to go thru the whole bill but it didn't specify what "line" those 20+million ppl who eventually get amnesty will be processed in. If they line up on EB3 or a supplementary bill in the future decides to allocate some EB3 to a "Schedule B" (just for example), then we are right back to where we started (but add more years to the waiting).
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makeup Interview with Liv Tyler
ubetman
04-26 02:32 PM
Here is my contribution : $100
Receipt ID: 6UD00049AE1231400
Thanks and good luck to all..
Receipt ID: 6UD00049AE1231400
Thanks and good luck to all..
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sanju_dba
01-13 11:44 AM
Please refer to this link
U.S. Department of Labor - Find It By Topic - Equal Employment Opportunity - Immigration (http://www.dol.gov/dol/topic/discrimination/immdisc.htm)
Equal Employment Opportunity applies only to applicants who are eligible to apply for that job. It does NOT apply to immigrant visa allocation (aka I-485 approval).
If you don't agree with this, I would suggest spending $200 with an attorney to get initial consultation and get the answer to enlighten yourself.
___________________
Not a legal advice.
Would the employers exempt from "Immigration and Nationality Act" in any way ? I see so many job postings restricting with "US Citizens" only...
U.S. Department of Labor - Find It By Topic - Equal Employment Opportunity - Immigration (http://www.dol.gov/dol/topic/discrimination/immdisc.htm)
Equal Employment Opportunity applies only to applicants who are eligible to apply for that job. It does NOT apply to immigrant visa allocation (aka I-485 approval).
If you don't agree with this, I would suggest spending $200 with an attorney to get initial consultation and get the answer to enlighten yourself.
___________________
Not a legal advice.
Would the employers exempt from "Immigration and Nationality Act" in any way ? I see so many job postings restricting with "US Citizens" only...
hairstyles Tyler#39;s top make-up tip?
Hinglish
03-21 03:03 PM
Dude...read your post properly...u are making a statement...u r not saying it is what USCIS thinks...
And nobody is insecure over here..it's just people like u who have made this forum a place of hatred between people of different countries....
Didn't u learn on day 1 of ur job?...read a few times before u post/mail to anyone....u have no right to use words EB3 and unskilled together...
If u think USCIS thinks that way....pls mention it so...Get a life
FYI...I AM INDIAN
OOOPs you are an Indian.... and how does that affect this discussion?
My mistake .... I thought you were a normal person discussing immigration related matters on an immigration forum and hence have the ability to discern, understand and have some background on immigration law, USCIS
And nobody is insecure over here..it's just people like u who have made this forum a place of hatred between people of different countries....
Didn't u learn on day 1 of ur job?...read a few times before u post/mail to anyone....u have no right to use words EB3 and unskilled together...
If u think USCIS thinks that way....pls mention it so...Get a life
FYI...I AM INDIAN
OOOPs you are an Indian.... and how does that affect this discussion?
My mistake .... I thought you were a normal person discussing immigration related matters on an immigration forum and hence have the ability to discern, understand and have some background on immigration law, USCIS
morpheus
04-06 10:56 AM
There is a different visa category for australians called E1, only THOSE ppl's spouses can work. If an australian is on an H1 his wife cannot work on an H4 either.
In that case you also have to argue, why H4's cant work but L2's can? :)
The Australian visa is called E3, not E1. E3 is like a simplified H1B that can be renewed indefinitely and yes, dependents can work anywhere. The filing process is quick and inexpensive. There is a quota of 10,000 per year, not including dependents. Given that Australia only uses a few thousand H1's a year, this is a very attractive visa.
In the Australian press it was implied that the US govt passed the E3 visa as payback for Australia's support in the Iraq war. Originally it was supposed to be part of a free trade agreement.
In that case you also have to argue, why H4's cant work but L2's can? :)
The Australian visa is called E3, not E1. E3 is like a simplified H1B that can be renewed indefinitely and yes, dependents can work anywhere. The filing process is quick and inexpensive. There is a quota of 10,000 per year, not including dependents. Given that Australia only uses a few thousand H1's a year, this is a very attractive visa.
In the Australian press it was implied that the US govt passed the E3 visa as payback for Australia's support in the Iraq war. Originally it was supposed to be part of a free trade agreement.
anilsal
11-25 03:04 PM
Here is my list. #1 is unprobable till 2009, so may be we can work on 2, 3, 4
1. Need a legislation change (to increase visa numbers).
2. If the above is not possible, recapture unused visa numbers.
3. If 1 & 2 not possible, exempt spouse and children from visa number counts.
4. If 1, 2 & 3 not possible, then atleast get them to disclose country wise backlog data, so that there is no "cheating" in visa bulletins
Excellent thinking. :)
What should be done to make this happen? Any suggestions? ;)
1. Need a legislation change (to increase visa numbers).
2. If the above is not possible, recapture unused visa numbers.
3. If 1 & 2 not possible, exempt spouse and children from visa number counts.
4. If 1, 2 & 3 not possible, then atleast get them to disclose country wise backlog data, so that there is no "cheating" in visa bulletins
Excellent thinking. :)
What should be done to make this happen? Any suggestions? ;)
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