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  • chanduv23
    02-23 01:08 PM
    My lawyer advised against filing AC21 proactively. His opinion is that it may trigger a big RFE requiring financial details of the new employer. How true is this? I have a feeling my previous employer might withdraw my approved I-140 on the advice of their corporate lawyers (Fragomen, who I believe recommend I-140 withdrawal as past of their standard procedure when an employee leaves). I would like to preempt that and file AC21 documentation.

    Yes, most Attorneys advise against proactive filing primarily because AC21 has no formal process associated like form, fee, reciepting or standard. It is based on guidance, most times the AC21 docs may or may not reach your file.

    Some Attorneys advise the HR to proactively file for AC21. There is one company (huge) where when you are being offered a job on EAD after AC21 - the HR dept makes a big fuss - asks for all documents like copy if Labor, 140, 485 reciept any any other documents and then makes you sign G 28 and then file for a G28 change in Attorney and associate AC21 docs with those. I guess, the Attorneys charge money so it is a business. If RFE or denial - then more money.

    My recomendation is to hire a ethical and realistic lawyer and not a greedy one





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  • immigration1234
    03-17 02:27 PM
    That would be a great idea and thats true!





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  • getgreensoon1
    04-20 12:04 PM
    My advice to most people who do not perfectly fit into eb2 is to do the eb3 petition first (which is guaranteed to be approved). Get your place in line for the greencard.

    Good suggestion.

    If it is taking too long then you can try an eb2 later; if it gets approved then you will get the old priority date. If it doesn't; well you can say you tried but you didn't lost your place in line for the greencard because you still have the old eb3 in place.

    As if the porting rules are going to stay the same. There are many things legit eb2 people are doing that will make this bogus porting impossible.

    However, if your cases is not clear for eb2 and you try this first and it gets denied then you will lose valuable time in line for the greencard because you have to start from the beginning.



    Since, last august DOL has become weird with even approving eb3 labors. Generally, attornies will put language in the eta 9089 that they will accept three years of experience for each year of bachelors degree missing (this is in line with education evaluators and uscis).

    These days USCIS is trying to stick to the rules, so all people who are trying to beat the system by using wrong credentials are getting stuck. Lawyers have nothing to lose, they will make more money from you.....one from your eb3 application and two from your high risk eb2 application which will eventually be rejected.

    However, this isn't the same criteria DOL uses. They will state that if a person doesn't have a degree then you are willing to accept 12 years of experience which is excessive and they deny the labor (before they were giving hard time to eb2 but not it is eb3 that they are after). So now we have an issue that DOL criteria is different then uscis critera. You use dol criteria, labor gets approved but 140 gets denied. Use uscis criteria and labor gets denied.



    Now, everyone has to adjust and file eb3 labors as skilled workers and only require two years of experience (it's getting more and more messy)

    I did not know unskilled workers can file for greencards in EB3. I think things are getting better and USCIS is now trying to stick to the rules.





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  • ramus
    06-28 12:12 PM
    Does this indicate that all dates will be 'C' in July?



    Starting July 2, USCIS will no longer allow petitioners to file their I-140's under the premium processing program.* This is expected to be a temporary measure; starting August 1 petitioners will be allowed to file their*I-140 cases under the premium processing program.
    *
    The USCIS' press release can be accessed here: http://www.aila.org/content/default.aspx?docid=22772



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  • m306m
    04-14 01:39 PM
    Just signed up for contribution of $25 for 1 month.

    Subscription Payment Sent (Unique Transaction ID #8PS980636F600500Y)
    In reference to: S-64827895L7978974S

    Will contribute more later





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  • somegchuh
    06-28 02:39 PM
    I have a feeling that they will not restore 140 PP at least until retrogression hits again i.e. the influx of various AOS applications slow down.

    I think those currently waiting for 140 approval will get screwed and those who were hoping to 3 yr H1 extension will be the most impacted.

    See what the last para of the memo says....

    During this timeframe the USCIS will determine whether
    it is able to process these cases with in 15 calendar days of reciept.

    "IF SO" premium processing will be once again made avaialabe for FORM I-140 petitions



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  • Macaca
    09-22 02:55 PM
    Seek
    first to understand,
    then to be understood
    Stephen Covey





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  • bestofall
    06-25 03:25 PM
    Guru s

    I have a question on my wife' AP renewal

    My wife would like travel to India and come back in November or Dec 2008.she would like to leave on August Last week



    Any way we would like appy for renewal of AP , the current which expires on Oct 30 2008.



    Let us say if we apply for AP Renewal July 2- or July 3 , the new AP may come before her Journey date Augut 2008 , OR It may not come before her Journey date Augut 2008 .



    Since her current AP expires on Oct 30 2008 , Does she need to come back to USA before Oct 30 2008 ? or can we mail extended AP to India , if she is travelling back after Oct 30 in November or December



    please advise us , accordingly we will make travel plans

    1. ..If we can mail the her New Advance Parole document to India.
    2. Can she Leave the country while her AP in Process



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  • prolegalimmi
    03-28 10:51 AM
    Pal, don't try to be selfish and narrow minded here. Step into PBEC victim shoes and then we shall see what language you speak.

    Opportunity to speak in front of congress won't come everyday. So we should highlight all the problems faced by us during the employment based immigration process -- whether it is rotting in the PBEC mess for labor certification for 3-5 years or for visa numbers. They all should be brought forward.

    The deadlines don't mean any thing but the results in hand do. If it were resources issue, then DBEC would also have been also stuck somewhere with 2001-02 cases but no.. they are processing 2004-05 cases. There is something seriously wrong with PBEC and needs to be fixed.

    Again with all due respect, I was trying to make sure we concentrate on whats on table in the next two weeks, which may never come to the table again in a long time. But if I sounded indifferent to the BEC issues, my apologies.
    I am a BEC victim too from April 2001. I have been waiting to get my Labor Certification from April of 2001. Till date, I know it may be in one of the BECs if it wasn't lost in transit. I was not able to obtain a screen shot nor do I have a 45 day letter. Still I say, when setting priorities, set it on what can be accomplished in the next two weeks, I agree with you in using the IVs opportunity to speak to bring all issues.





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  • jatinr
    11-03 10:12 PM
    if you have wired 10k to NRE account, you can get back 10k back and you can easily get clearance from RBI for the amount that you had deposited.
    If you need to bring more than what you had transferred then again RBI has set a cap of about 100k per year per person.



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  • haifromsk@yahoo.com
    05-17 07:02 PM
    Best way to get more immigrants to participate in advocacy efforts by immigrationvoice.org for legal immigration is by communicating to international student organizations of various universities around virginia, maryland, washingtondc,west virginia north and south carolina. Arranging busses for the students is not a bad idea. Students once convinced why they need change in current immigration reforms for employment base legal immigrants will participate in huge numbers to attend the advocacy efforts done by immigrationvoice.org as they have more time in hand





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  • mpadapa
    10-12 11:02 AM
    ..



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  • gcisadawg
    03-23 12:34 AM
    You are trying to defend a criminal and thus some people objected to it. Crimes by immigrants, whatever they maybe bring bad repute to their country and the immigrant community.

    Dude, that is called as stereo-typing and we need to fight that. You can not control few immigrants who commit crimes. That is law enforcement and judiciary's role. Why should other immigrants be discriminated because of few bad apples.





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  • chanduv23
    09-19 04:07 PM
    Not entirely true, I switched job a couple of months ago - filed for AC21. I got an acknowledgment from USCIS for the same - stating that it will be added to my file, to be reviewed when my application is processed.

    Well both are true - but most cases do not reach the file.



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  • s_r_e_e
    06-12 06:11 PM
    I agree with your suggestion, but for attorney change, do you think any bad effects? Someone told me judge and jury might question why you change attorney?
    Feel shamed on my poor English, yes, I need improve it ASAP after that jury.

    You should consult another attorney, for a second opinion. Agree with reddymjm that there may be option for u r wife to meet with DA and settle this (have heard abt a similar case). U r wasting ur time here replying to posts like reddog's.





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  • 485Mbe4001
    05-13 02:39 PM
    After you wait for 7-8 years in your category for your visa your thougths will change. I have MS from an american university + work experience. Our lawyer decided to file EB3 in 2001, they convinced the company that EB3 is easier to get approved. i am still waiting for my GC, in the mean time i have gained a lot of experience, i am still an EB3 for USCIS. There are many in a similar position.

    People talk about unethical practices etc. i feel that they ones who jumped the queue and used agressive lawyer already have their green cards. Most of my friends are already thinking about citizenship (and ROI after USC..that is a different forum :)).

    Its people working in multinational companies who follow the law by the book are the ones who get screwed, its just my observation and opinion ..good or bad, i dont know...


    When there is a overflow, I strongly feel that it should flow to all the categories and that is called equality. Some inefficient people in Decision making authority at USCIS framed a rule on visa overflow and they are following it. If the rule is not much logical/ethical to most of the people, then anyone can voice their rights against it.

    Just for example, a team consists of one project manager(EB1), two tech leads(EB2) and 6 Developers(EB3). The demand is based on no. of vacancies exists on the market, that means a lot of EB3, less EB2 and few EB1.
    As per this rule, USCIS is not actually feeding the hungry.
    Regarding the country quota, US is not favoring/helping the foreign countries by giving GC to those people from them. So, it makes no sense at all when it comes to immigrants but I can understand the bureaucracy behind it.
    If they are implementing the country limit then it should be like 0.00001% of that country's population, I feel.



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  • pappu
    02-06 08:25 PM
    Please send us an email at info at immigrationvoice.org with the details of this denial so that we can look into your case.





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  • ksvreg
    08-10 09:58 PM
    Eb1 - c
    eb2 - 2005
    eb3 - 2003





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  • mallu
    06-15 08:08 PM
    Bottomline is they do not want to give us Greencard just use us and fool us. I am sure this 485 being current is big melodramatic thing.

    I don't know how many years i have to wait to get out of namecheck. Golden years going by ...





    ronhira
    06-03 12:41 PM
    ya that explains.... so u'r some 20 yr old who need to grow up..... have to learn that sometimes there is a lot more to what just what you know......

    and why would you prefer maths.... dummy, didn't you know, we have calculators & computers to do simple and complex calculations.....

    btw, for starters, what've you achieved? if the answer is nothing.... then learn to appreciate others.... maybe that might help to be humbled at the effort and genius of 10 yr old.....

    going for a competition with international participants, then being in finals of a competition & then winning the a competition at this level .... wow.... and you are not impressed..... and not that u'r not impressed, you have nothing better to do on a friday... other that demeaning the effort of some kids, who for sure are a lot more dedicated than what you be in u'r entire life..... what a low life r u....

    how @ u share the last time you were went to compete with other competitors at international level at any age group.... even if it were competition to down play what other's have achieved...... i don't think you can point to a national press covering you for even participating, if not winning, any competition.....



    Senseless post. You are exciting too much brother.

    I am the one who is opposing that this kind of matters should not post here and wining in this competetion is not so great.

    Regarding Jealousy, It is funny. I am in my late 20's and even I dont have kids. why should I jealous about her. I dont know about other members. But fact is no body jealous about her.

    And your comparision is so stupid. Its yucky. 100 m or 1000 m is a physical activity.

    I will prefer doing math or some thing else than your SPELLING BEE.

    Finally, If you want to congratulate her arrange a meeting or pot luck in your home and congratulate her.
    Or just send a check for her. Please dont make non sense here by posting suh useless /out of scope matters.


    PS: Take ot easy if there are any spelling mistakes in my reply.





    john2255
    07-21 08:27 AM
    What you should do immediately.

    If anyone lives in these Senators' jurisdictions, please call their offices and thank them for sponsoring the amendment, and encourage them to keep pushing for this amendment.

    SPONSOR: Senate Amendment 2339 Sen Cornyn, John [TX],

    COSPONSORS(6):

    Sen Enzi, Michael B. [WY]
    Sen Gregg, Judd [NH]
    Sen Smith, Gordon H. [OR]
    Sen Sununu, John E. [NH]
    Sen Coleman, Norm [MN]
    Sen Voinovich, George V. [OH]

    If anyone lives in Senators' jurisdictions who voted yes, please call their offices and thank them for understanding our problems and encourage them to keep pushing for this amendment.

    If you live in the jurisdiction of those who voted against the amendment, please call them and encourage them of the urgent need for similar amendments. Telephone is the best way to make your voice heard. Here is the link to the Senators' phone numbers and contact info.

    http://www.senate.gov/general/contact_information/senators_cfm.cfm

    See comments for the roll call of votes (the YEAS were the people who helped us, the NAYS were the people who hurt us).

    http://senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=110&session=1&vote=00266

    Grouped by Home State

    Alabama: (R-AL), Nay Shelby (R-AL), Yea
    Alaska: Murkowski (R-AK), Yea Stevens (R-AK), Yea
    Arizona: Kyl (R-AZ), Yea McCain (R-AZ), Yea
    Arkansas: Lincoln (D-AR), Nay Pryor (D-AR), Nay
    California: Boxer (D-CA), Nay Feinstein (D-CA), Nay
    Colorado: Allard (R-CO), Yea Salazar (D-CO), Nay
    Connecticut: Dodd (D-CT), Nay Lieberman (ID-CT), Yea
    Delaware: Biden (D-DE), Nay Carper (D-DE), Nay
    Florida: Martinez (R-FL), Yea Nelson (D-FL), Nay
    Georgia: Chambliss (R-GA), Yea Isakson (R-GA), Yea
    Hawaii: Akaka (D-HI), Nay Inouye (D-HI), Nay
    Idaho: Craig (R-ID), Yea Crapo (R-ID), Yea
    Illinois: Durbin (D-IL), Nay Obama (D-IL), Not Voting
    Indiana: Bayh (D-IN), Yea Lugar (R-IN), Yea
    Iowa: Grassley (R-IA), Yea Harkin (D-IA), Nay
    Kansas: Brownback (R-KS), Not Voting Roberts (R-KS), Yea
    Kentucky: Bunning (R-KY), Yea McConnell (R-KY), Yea
    Louisiana: Landrieu (D-LA), Yea Vitter (R-LA), Yea
    Maine: Collins (R-ME), Yea Snowe (R-ME), Yea
    Maryland: Cardin (D-MD), Nay Mikulski (D-MD), Nay
    Massachusetts: Kennedy (D-MA), Nay Kerry (D-MA), Nay
    Michigan: Levin (D-MI), Nay Stabenow (D-MI), Nay
    Minnesota: Coleman (R-MN), Yea Klobuchar (D-MN), Yea
    Mississippi: Cochran (R-MS), Yea Lott (R-MS), Not Voting
    Missouri: Bond (R-MO), Yea McCaskill (D-MO), Nay
    Montana: Baucus (D-MT), Yea Tester (D-MT), Nay
    Nebraska: Hagel (R-NE), Yea Nelson (D-NE), Yea
    Nevada: Ensign (R-NV), Yea Reid (D-NV), Nay
    New Hampshire: Gregg (R-NH), Yea Sununu (R-NH), Yea
    New Jersey: Lautenberg (D-NJ), Nay Menendez (D-NJ), Nay
    New Mexico: Bingaman (D-NM), Nay Domenici (R-NM), Yea
    New York: Clinton (D-NY), Nay Schumer (D-NY), Yea
    North Carolina: Burr (R-NC), Yea Dole (R-NC), Yea
    North Dakota: Conrad (D-ND), Nay Dorgan (D-ND), Nay
    Ohio: Brown (D-OH), Nay Voinovich (R-OH), Nay
    Oklahoma: Coburn (R-OK), Yea Inhofe (R-OK), Yea
    Oregon: Smith (R-OR), Yea Wyden (D-OR), Yea
    Pennsylvania: Casey (D-PA), Nay Specter (R-PA), Yea
    Rhode Island: Reed (D-RI), Nay Whitehouse (D-RI), Nay
    South Carolina: DeMint (R-SC), Yea Graham (R-SC), Yea
    South Dakota: Johnson (D-SD), Not Voting Thune (R-SD), Yea
    Tennessee: Alexander (R-TN), Yea Corker (R-TN), Yea
    Texas: Cornyn (R-TX), Yea Hutchison (R-TX), Yea
    Utah: Bennett (R-UT), Yea Hatch (R-UT), Yea
    Vermont: Leahy (D-VT), Nay Sanders (I-VT), Nay
    Virginia: Warner (R-VA), Yea Webb (D-VA), Nay
    Washington: Cantwell (D-WA), Yea Murray (D-WA), Yea
    West Virginia: Byrd (D-WV), Not Voting Rockefeller (D-WV), Nay
    Wisconsin: Feingold (D-WI), Nay Kohl (D-WI), Nay
    Wyoming: Barrasso (R-WY), Yea Enzi (R-WY), Yea



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