BharatPremi
11-06 07:45 PM
I don't have any update on AP .
Should I still select the below mentioned option ?
'Case Processing Appointment - If you received a notice to go to your local office for further case processing' is what I should select for AP inquiry?
Ans: Did not you read my previous post?
I have EAD approval notice but no card yet. SO I need to get another infopass for EAD eslecting'EAD inquiry Appoinmetn' option ?
Ans: You can ask all questions for all stages in one session after questions related with main topic over.
Thank you.
!!
Should I still select the below mentioned option ?
'Case Processing Appointment - If you received a notice to go to your local office for further case processing' is what I should select for AP inquiry?
Ans: Did not you read my previous post?
I have EAD approval notice but no card yet. SO I need to get another infopass for EAD eslecting'EAD inquiry Appoinmetn' option ?
Ans: You can ask all questions for all stages in one session after questions related with main topic over.
Thank you.
!!
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mammoy2k
09-09 07:04 AM
I140 should be approved or approvable at the time of filing. Yates memo is very clear on that- I-140 approval is not required in concurrent filing. Also there is no salary requirements on invoking AC 21. Again, please read Yates Memo.
Requirements to change employer when GC is pending:
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD
Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.
After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application
This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
Requirements to change employer when GC is pending:
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD
Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.
After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application
This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
whattodo21
01-04 09:14 AM
Got approval and card on time! Collectively everything worked out. Got EAD for 2 years.
There was talk about combining EAD and AP - did it happen and how does one file for it?
There was talk about combining EAD and AP - did it happen and how does one file for it?
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logiclife
05-22 02:19 PM
Here is what you do if the bill passes without amendments:
Get some sun-tan. Wear a baseball cap. Put in jeans with oil stains and bad quality collarless t-shirt. Grow an untrimmed mustache. Lose the dress shoes and wear cheap jogging shoes.
Go to the nearest USCIS office (after this bill passes) and say that you have been working off-books illegally at a nearby restaurant since 5 years and now you would like to apply for Z visa.
They will give you a probationary that will work like an EAD card (maybe better quality than EAD with it being tamper proof and wear proof). In the meantime, once the borders are closed and certain benchmarks are met, you will get Z visa with Advanced parole to replace your probationary card. With that advanced parole you can travel outside and come back in guaranteed (Guaranteed return due to AP). When outside you can file for GC, visit your parents and relatives, spend a few days in vacation and come back with full freedom to work anywhere without LCA restrictions and enjoy the Z visa that you can renew on your own (no need for employer sponsor).
They will give GC to all Z visa applicants within 5 years thru supplemental increase in GC (based on survey done by DHS). The annual cap will be total Z visa holders divided by 20%. If there are 11 million illegals who end up getting Z visa, the annual cap will be 2.2 million.
That 2.2 million beats the hell out of the 140,000 we have today for legal skilled immigrants or the 90,000 we will have with this new bill.
Advantages:
1. No need to comply to speciality occupation. Work in any line of work.
2. No need to get labor cert for GC.
3. No need to depend on employer for temp visas like H1B and GC sponsorship.
4. More travel flexibility due to advanced parole that comes with Z visa.
Get some sun-tan. Wear a baseball cap. Put in jeans with oil stains and bad quality collarless t-shirt. Grow an untrimmed mustache. Lose the dress shoes and wear cheap jogging shoes.
Go to the nearest USCIS office (after this bill passes) and say that you have been working off-books illegally at a nearby restaurant since 5 years and now you would like to apply for Z visa.
They will give you a probationary that will work like an EAD card (maybe better quality than EAD with it being tamper proof and wear proof). In the meantime, once the borders are closed and certain benchmarks are met, you will get Z visa with Advanced parole to replace your probationary card. With that advanced parole you can travel outside and come back in guaranteed (Guaranteed return due to AP). When outside you can file for GC, visit your parents and relatives, spend a few days in vacation and come back with full freedom to work anywhere without LCA restrictions and enjoy the Z visa that you can renew on your own (no need for employer sponsor).
They will give GC to all Z visa applicants within 5 years thru supplemental increase in GC (based on survey done by DHS). The annual cap will be total Z visa holders divided by 20%. If there are 11 million illegals who end up getting Z visa, the annual cap will be 2.2 million.
That 2.2 million beats the hell out of the 140,000 we have today for legal skilled immigrants or the 90,000 we will have with this new bill.
Advantages:
1. No need to comply to speciality occupation. Work in any line of work.
2. No need to get labor cert for GC.
3. No need to depend on employer for temp visas like H1B and GC sponsorship.
4. More travel flexibility due to advanced parole that comes with Z visa.
more...
rockstart
05-15 09:16 AM
I think they want to first help people with US degrees. Since that boosts education industry in US as people thinking of studying in UK Australia will now think of US more postively.
guyfromsg
09-07 11:56 PM
I am taking Jetblue from Oakland to Dulles Airport in DC reaching on Sunday (09/16)morning
I will be staying at http://hotel-harrington.com/aboutus.htm
A couple other folks from California will be staying at this Hotel. if you want we may be able to get a group discount.
It's sold out now..I'm flying from GA and have booked in Quality inn in Arlington. I would like to stay where you guys are staying..but it's not longer there :(
I will be staying at http://hotel-harrington.com/aboutus.htm
A couple other folks from California will be staying at this Hotel. if you want we may be able to get a group discount.
It's sold out now..I'm flying from GA and have booked in Quality inn in Arlington. I would like to stay where you guys are staying..but it's not longer there :(
more...
babu123
07-02 05:02 PM
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Photos: 30
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Almond
07-17 11:11 AM
Man, I-485 for Texas went back more than a month. It's so bad, they might as well not have published it, one would have slept better at night.
How do they come up with these dates? Weren't they supposed to process I-485 applications in the order they received them?
And how come the California Service Center has been doing so well this past few months, while all the other centers have been stationary or going back. CSC is at January 2007 now, fer cryin' out loud!
:mad:
Yeah, the Nebraska one is on the same date as last month, I guess I should count my blessings. God, what are they doing over there!? Maybe it's because it's summer time and people are going on vacation-less people, less work getting done.
How do they come up with these dates? Weren't they supposed to process I-485 applications in the order they received them?
And how come the California Service Center has been doing so well this past few months, while all the other centers have been stationary or going back. CSC is at January 2007 now, fer cryin' out loud!
:mad:
Yeah, the Nebraska one is on the same date as last month, I guess I should count my blessings. God, what are they doing over there!? Maybe it's because it's summer time and people are going on vacation-less people, less work getting done.
more...
jonty_11
11-30 04:11 PM
Well you might be the lucky few, but Discover mostly reject non PR folks. I know 4 guys..including me. But we cannot prove as they never give you a reason. Go figure.
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latina
04-01 03:16 PM
Keep up the good work guys. Its heartening to see the IV team taking so much efforts. The least we can do is support them.
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nag2007
10-11 04:43 PM
There used to be a time when the ability to apply for I485 even during retrogression. was of the highest priority for IV. Now majority of the IV members (hopefully) belong to post I485 filing group. Now the amount of green cards for employment category, exemptions from quota for family members, US degree holders etc, and country quota may be the higher priority issues if one goes by the numbers.
You mean to say that "Those who have EAD with PD 2006/2007" needs green Card and you dont bother about PD 2000-2005 from Backlog who never got a chance to apply i-485 ?
Moral: Allow the people to suffer who are suffering and let others make merry(PD 2006-2007).
You mean to say that "Those who have EAD with PD 2006/2007" needs green Card and you dont bother about PD 2000-2005 from Backlog who never got a chance to apply i-485 ?
Moral: Allow the people to suffer who are suffering and let others make merry(PD 2006-2007).
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vallabhu
07-17 10:48 AM
I see July 16th date for California , Nebraska and Vermont but i still see June 18th for Texas.
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nrk
10-26 11:39 PM
Sending it to DOS would be a problem ??
But why are they sending it to DOS unless you file for Consular processing?
But why are they sending it to DOS unless you file for Consular processing?
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prav27
04-01 08:07 PM
both fax sent
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485Mbe4001
07-08 04:25 PM
why single out one guy, he is doing what is good for him. What do you expect if the even people registered on this site are not willing to do do something to help themselves. The attidude is i have EAD/AP i am free or I am EB1/2 its just a matter of time till i get the GC. Even the politicians are using us for their own agenda and to score political points.
Just to add to your description of indians, We have people like Bobby Jindal of indian origin who doesnt care about his own roots and his own people but would do anything for his own selfish political career.(Even change religon and change name). Shame on you Mr Jindal.
Just to add to your description of indians, We have people like Bobby Jindal of indian origin who doesnt care about his own roots and his own people but would do anything for his own selfish political career.(Even change religon and change name). Shame on you Mr Jindal.
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longq
12-29 10:56 AM
I tend to agree with your interpretation that "NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE" refers to those beyond 140K. The language of law is always beautiful, isn't it?:)
Anyhow, I still think it merits a deeper investigation and consultation with attorneys.
No one analysed the statue of the language used in 202 5 a.
If the total number of visas available under paragraph (1), (2), (3), (4), or (5).
The key is OR. If the the intension of the language is total demand is less than 140,000, then it would have been "If the total number of visas available under paragraph (1), (2), (3), (4), and (5)"
The language used in the 202 5 a, explicitly defines each preference catagory seperatly. Also it says "the visas made available under that paragraph shall be issued".
For example the unused visas by EB1, let us assume 10,000.
The visas avaliable in EB2 is 40,000 as per 203 b 2.
Therfore the total visas in EB2 is 50,000.
If the total demand is less than 50,000 in EB2 (India+Cina+ROW), the 7% quota is not applicaple.
This is the very direct, simple interpretation of 202 5 A.
Therefore one cannot (EB3-ROW) interpret, for their convenience. Thats why I suggest the IV to discuss with experinced attorney and make a enquiry with law makers or DOS, if required. Otherwise (if it is wrong it is a big blow to India and China). We will get only 2800 per year.
Anyhow, I still think it merits a deeper investigation and consultation with attorneys.
No one analysed the statue of the language used in 202 5 a.
If the total number of visas available under paragraph (1), (2), (3), (4), or (5).
The key is OR. If the the intension of the language is total demand is less than 140,000, then it would have been "If the total number of visas available under paragraph (1), (2), (3), (4), and (5)"
The language used in the 202 5 a, explicitly defines each preference catagory seperatly. Also it says "the visas made available under that paragraph shall be issued".
For example the unused visas by EB1, let us assume 10,000.
The visas avaliable in EB2 is 40,000 as per 203 b 2.
Therfore the total visas in EB2 is 50,000.
If the total demand is less than 50,000 in EB2 (India+Cina+ROW), the 7% quota is not applicaple.
This is the very direct, simple interpretation of 202 5 A.
Therefore one cannot (EB3-ROW) interpret, for their convenience. Thats why I suggest the IV to discuss with experinced attorney and make a enquiry with law makers or DOS, if required. Otherwise (if it is wrong it is a big blow to India and China). We will get only 2800 per year.
more...
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485_se_dukhi
09-19 08:32 PM
I followed up on your GC status from Mr. Gonzales. He assured me that your GC has been sent via Speed Post: it should arrive within the next 4-6 business days. If it doesn't, please don't hesitate to call the toll free #: 1-800-NO-GC-4-ANA
Ok, I've seen a lot of threads about go to the rally, actions items, I've reading a lot of guys saying dont ask for your receipt status, dont waste your time etc, etc.
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
Question remains open:
1. When are they going to increase the GC quota?
2. When congress id going to do something?
I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............
Ok, I've seen a lot of threads about go to the rally, actions items, I've reading a lot of guys saying dont ask for your receipt status, dont waste your time etc, etc.
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
Question remains open:
1. When are they going to increase the GC quota?
2. When congress id going to do something?
I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............
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rajuseattle
05-12 11:26 AM
Pappu,
Reality is DREAM act is directly connected to HISPANIC votes for Democrats, EB community doesnt have any VOTING rights, neither they get any support from the folks who are already GC/UScitizenship holders.
Once people are out of this GC mess, they all start talking about anti immigration and that's the reality, u go to any indian community around and see how much support you have from those folks who have GC/US citizenship.
Reality is DREAM act is directly connected to HISPANIC votes for Democrats, EB community doesnt have any VOTING rights, neither they get any support from the folks who are already GC/UScitizenship holders.
Once people are out of this GC mess, they all start talking about anti immigration and that's the reality, u go to any indian community around and see how much support you have from those folks who have GC/US citizenship.
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lazycis
01-26 06:26 PM
You are welcome. I doubt the company will alter the offer letter, but I would ask for it. Anyway, no court will let an employer to force an employee to reimburse for hypothetical training for which no upfront costs are defined. Moreover, the clause does say "prior to the Company’s receipt of the benefits of such training and education". So you may very well argue that company received benefits in return. The clause is designed to put fear in you, but it's not enforceable in court. The employer will be in a big trouble if you complain to DOL. And if you have no choice, sign it.
chtting2me
10-09 07:43 PM
My employer is not giving copy of my I140. With out I140 how to port it to an other job/employer etc ?
Can some on advise me !
Can some on advise me !
anilsal
01-27 12:14 AM
the main list of top threads.
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