lazycis
12-18 10:49 AM
All you need to send is a letter saying that you invoked AC 21; also attach supporting documents, i.e. employment offer from your new employer describing job title, duties and salary and stating that employer intends to hire you permanently after you receive GC; documentation showing that your I-485 has been pending 180 days or more before you've changed jobs.
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jgh_res
06-27 04:47 PM
Nice take on the situation.
I am very surprised about the requests for cheap photos !!! What a pity.
We were ready to spend thousands of dollars just a month ago just to have the ability to apply for I485, but when you get a chance , try to save a few dollars and risk an RFE , delay in processing or even denial.
Walmart photos suck , so are CVS photos. I had them take my pictures in the past. Never used the walmart ones and CVS photos got rejected for visa revalidation. They used Polaroid camera at walmat and they were not good at all.
I took them at Macy's studio , costed me about $30 for 6 copies but they are great. Please choose a professional studio, $20 extra dollars are worth every penny.
Some one mentioned about saving $20 and have a dinner. I would rather have peace of mind knowing my pictures are good enough for USCIS than have a $20 dinner.
Just my 2 cents though. May be I am extra cautious because I got burned once :)
I am very surprised about the requests for cheap photos !!! What a pity.
We were ready to spend thousands of dollars just a month ago just to have the ability to apply for I485, but when you get a chance , try to save a few dollars and risk an RFE , delay in processing or even denial.
Walmart photos suck , so are CVS photos. I had them take my pictures in the past. Never used the walmart ones and CVS photos got rejected for visa revalidation. They used Polaroid camera at walmat and they were not good at all.
I took them at Macy's studio , costed me about $30 for 6 copies but they are great. Please choose a professional studio, $20 extra dollars are worth every penny.
Some one mentioned about saving $20 and have a dinner. I would rather have peace of mind knowing my pictures are good enough for USCIS than have a $20 dinner.
Just my 2 cents though. May be I am extra cautious because I got burned once :)
desi3933
08-10 06:50 AM
Questions for everyone to research and post the answers------
........
-- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.
There is no such law that specifies any duration one has to be employed by GC (or AC-21) employer. Period.
However, there is a twist to it. As per law, the beneficiary MUST have intent to work for GC employer at the time of filing of I-485 and intent to work for AC-21 employer if invoking AC-21. However, this intent is to start work AFTER getting green card. The intent is subject to change, too.
By working for the employer for some duration, it is easier to demonstrate that person has intent to work for the employer for the full time job offered. This duration is not written in stone, and every lawyer interprets differently. For me (and this for just me), 90 days should be a safe duration, since it has been tested in courts that 90 days a long enough time when intent of the person can change. (This is known as 30-60-90 day intent rule). This is why lawyers usually advise to wait for 90 days when a person on single intent non-immigrant visa (such as B1 or F1) wants to file for I-130/I-140 and/or I-485.
______________________
Not a legal advice.
US citizen of Indian origin
........
-- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.
There is no such law that specifies any duration one has to be employed by GC (or AC-21) employer. Period.
However, there is a twist to it. As per law, the beneficiary MUST have intent to work for GC employer at the time of filing of I-485 and intent to work for AC-21 employer if invoking AC-21. However, this intent is to start work AFTER getting green card. The intent is subject to change, too.
By working for the employer for some duration, it is easier to demonstrate that person has intent to work for the employer for the full time job offered. This duration is not written in stone, and every lawyer interprets differently. For me (and this for just me), 90 days should be a safe duration, since it has been tested in courts that 90 days a long enough time when intent of the person can change. (This is known as 30-60-90 day intent rule). This is why lawyers usually advise to wait for 90 days when a person on single intent non-immigrant visa (such as B1 or F1) wants to file for I-130/I-140 and/or I-485.
______________________
Not a legal advice.
US citizen of Indian origin
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shana04
02-13 12:27 PM
Hi Shana
But the nature of the job responsibilites are same but i believe the Job code may change b'cos of the Title.
I believe it is not a problem, I have read in other threads. but I would suggest lot of attorneys are only taking 300 or 500 dollars to file aC21. it is worth spending.
Good luck
But the nature of the job responsibilites are same but i believe the Job code may change b'cos of the Title.
I believe it is not a problem, I have read in other threads. but I would suggest lot of attorneys are only taking 300 or 500 dollars to file aC21. it is worth spending.
Good luck
more...
mirage
04-19 07:06 PM
Good Job, I have already written this to my senators earlier, but wrote to WhiteHouse.gov today.....
I will be sending the following note to my senator and have already posted it to WhiteHouse.gov. I urge all those screwed by the ongoing retrogression to do the same.
"I am writing to inform you of how the country based quotas imposed on Employment Based green cards are unfair and totally illogical. When I immigrated to the US, I believed that this country was a meritocracy where you were judged based on your abilities and qualities. These country based quotas reward people depending on where they or their ancestors were born. This causes people from India and China to wait over a decade to get a green card whereas someone from another country with similar or lesser abilities can obtain permanent residence in half that time.
Since these EB category based green cards are awarded for professional skills, imposing a country based quota just does not make any sense. I urge you to work with Congress and change this discriminatory policy and reinforce that America is truly a society that celebrates meritocracy."
I will be sending the following note to my senator and have already posted it to WhiteHouse.gov. I urge all those screwed by the ongoing retrogression to do the same.
"I am writing to inform you of how the country based quotas imposed on Employment Based green cards are unfair and totally illogical. When I immigrated to the US, I believed that this country was a meritocracy where you were judged based on your abilities and qualities. These country based quotas reward people depending on where they or their ancestors were born. This causes people from India and China to wait over a decade to get a green card whereas someone from another country with similar or lesser abilities can obtain permanent residence in half that time.
Since these EB category based green cards are awarded for professional skills, imposing a country based quota just does not make any sense. I urge you to work with Congress and change this discriminatory policy and reinforce that America is truly a society that celebrates meritocracy."
nozerd
12-24 09:59 PM
Pappu it is sad situation. I know of one Junior who I myself hired for the job and who is 4 yrs my Junior and reports to me get green card because he is EB3 but not India/China
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sandy_77
05-09 07:36 AM
I would like to request all the senior members at IV to help us with these questions:
1. The official expected delay in visa issuance in case of extra processing is 3 weeks and the DOS has conveniently left the additional administrative processing delay open ended which in turn has left us all law abiding professional non-immigrant/immigrant workers out of our jobs, away from our families and friends and homes for an exceptionaly long time. Is this worthy of a lawsuit/class action lawsuit given the number of people who are suffering?
2. DOS officials refuse to inform the applicants why and where their applications are stuck and how much longer it is expected to delay. Is this worthy of a lawsuit/class action lawsuit given the number of people who are suffering? Why can't the DOS come out with a bi-weekly report on how many people applied for visas, who were denied and who are referred to AAP (and how long each AAP applicant has been delayed)?
3. DOS VISA/ US immigration law does not seem to have any mechanism to protect the rights (do we have any rights or not is also a question) of those who get delayed unjustly (unjustly because they do not have any known criminal background and yet are treated like criminals). Is this worthy of a lawsuit/class action lawsuit given the number of people who are suffering?
4. So many of us in the security check are getting delayed just because our names are similar to known criminals in the databases. I wonder how many people by the name of "Timothy" (of the Timothy McVeigh of oklahoma bombing fame) or other US citizens whose names are similar to people taking part in various conflicts around the world are delayed/denied entry into the country for so long because of this illogical association. Does this "similar name so you are a criminal too" policy of DOS lend itself to judicial review?
5. In many cases remember that justice delayed is justice denied (as many of us will not be able to return due to reasons such as job loss or delay beyond I-797 approved time.
Sorry for this long post but many of us have these questions in mind. If you could tell us what are the problems we can face (finances, resources, etc.) if lawsuit/class action lawsuit route is adopted it would be of great help. Are there any organizations in US who can take up our cause (such as ACLU). Even if you say that this will be a futile exercise, it will at least help us all accept our fate a little better.
Thanks in advance.
1. The official expected delay in visa issuance in case of extra processing is 3 weeks and the DOS has conveniently left the additional administrative processing delay open ended which in turn has left us all law abiding professional non-immigrant/immigrant workers out of our jobs, away from our families and friends and homes for an exceptionaly long time. Is this worthy of a lawsuit/class action lawsuit given the number of people who are suffering?
2. DOS officials refuse to inform the applicants why and where their applications are stuck and how much longer it is expected to delay. Is this worthy of a lawsuit/class action lawsuit given the number of people who are suffering? Why can't the DOS come out with a bi-weekly report on how many people applied for visas, who were denied and who are referred to AAP (and how long each AAP applicant has been delayed)?
3. DOS VISA/ US immigration law does not seem to have any mechanism to protect the rights (do we have any rights or not is also a question) of those who get delayed unjustly (unjustly because they do not have any known criminal background and yet are treated like criminals). Is this worthy of a lawsuit/class action lawsuit given the number of people who are suffering?
4. So many of us in the security check are getting delayed just because our names are similar to known criminals in the databases. I wonder how many people by the name of "Timothy" (of the Timothy McVeigh of oklahoma bombing fame) or other US citizens whose names are similar to people taking part in various conflicts around the world are delayed/denied entry into the country for so long because of this illogical association. Does this "similar name so you are a criminal too" policy of DOS lend itself to judicial review?
5. In many cases remember that justice delayed is justice denied (as many of us will not be able to return due to reasons such as job loss or delay beyond I-797 approved time.
Sorry for this long post but many of us have these questions in mind. If you could tell us what are the problems we can face (finances, resources, etc.) if lawsuit/class action lawsuit route is adopted it would be of great help. Are there any organizations in US who can take up our cause (such as ACLU). Even if you say that this will be a futile exercise, it will at least help us all accept our fate a little better.
Thanks in advance.
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nousername
11-19 05:04 PM
To begin with let me say that I have earned my masters from the US but still I'm not in favor of this idea simply because getting a masters from the US does in no way prove that US needs us more than others (in light of EB law), or we are any smarter or more capable than people who did masters or even under grad from their home country..
Besides this will further divide the community which as is divided.
Just my 2 cents.
Is this still an active topic? or its dead? Are there people with US Master - STEM who are willing to come forward?
I am just trying to gauge this? To me, looks perfect candidate for piece meal while waiting for CIR, justification could be same as 20K quota for H1b, keep US educated in the country and keep contributing to US economy & society. It has two benefits, a) direct to people who have US Master, b) there will xx less number of people in front of who don't qualify for this so their turn will come sooner.
any leads?
Besides this will further divide the community which as is divided.
Just my 2 cents.
Is this still an active topic? or its dead? Are there people with US Master - STEM who are willing to come forward?
I am just trying to gauge this? To me, looks perfect candidate for piece meal while waiting for CIR, justification could be same as 20K quota for H1b, keep US educated in the country and keep contributing to US economy & society. It has two benefits, a) direct to people who have US Master, b) there will xx less number of people in front of who don't qualify for this so their turn will come sooner.
any leads?
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cloud 9
05-31 01:30 PM
Voted
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bigticket
08-23 12:01 PM
That is right, no need to file I-485 again. The format of I-485 has nothing to do with this. I am assuming he is just trying to make money by doing the additional paper work. A couple of my colleagues got their GCs that way in July and my employer is also in the process of filing my EB-2 I-140 under Premium Processing this week with a request to port my earlier EB-3 PD and a letter to USCIS requesting to adjudicate my pending I-485 under EB-2 preference, once EB-2 I-140 is approved. In my colleague's case, TSC approved both Eb-2 I-140 and pending I-485 (was at TSC as well) concurrently in July.
Final Q, how long it took from day1 of EB2 filing to filing I140 this week ?
Final Q, how long it took from day1 of EB2 filing to filing I140 this week ?
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minimalist
10-22 04:40 PM
All the people who crib about red dots: There is nothing IV can do about it.
This is a feature of the forum software.If some one uses foul language in forum posts then admins can warn them or block them. It is not possible if they do it in comments.
Actuallly, I suggest IV kickout anyone who cribs about red dots or that someone is using foul language in PMs/comments.
Keep the eye on the ball guys. If you see all the bullshit the IV admins bare with some other guy showing up every few weeks asking questions as if IV Core is getting rich off of the contributions. And some other guy shows up with a great plan (no sarcasm intended) asking CORE to make his thread sticky instead of keeping the thread on top by bumping it every few hours or so.Then when the core doesn't respond to their idea/request to make the thread sticky start abusing them. They take all that in stride and still continue to pour their hearts into something they believe in.
Now here are people so worried that they got a red dot and need the grievance be addressed. If not they will be afraid to post. If all it takes some one to stop you from posting your ideas is to give a red dot, how can any progress be made?
Think about it people.
This is a feature of the forum software.If some one uses foul language in forum posts then admins can warn them or block them. It is not possible if they do it in comments.
Actuallly, I suggest IV kickout anyone who cribs about red dots or that someone is using foul language in PMs/comments.
Keep the eye on the ball guys. If you see all the bullshit the IV admins bare with some other guy showing up every few weeks asking questions as if IV Core is getting rich off of the contributions. And some other guy shows up with a great plan (no sarcasm intended) asking CORE to make his thread sticky instead of keeping the thread on top by bumping it every few hours or so.Then when the core doesn't respond to their idea/request to make the thread sticky start abusing them. They take all that in stride and still continue to pour their hearts into something they believe in.
Now here are people so worried that they got a red dot and need the grievance be addressed. If not they will be afraid to post. If all it takes some one to stop you from posting your ideas is to give a red dot, how can any progress be made?
Think about it people.
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bidhanc
03-21 02:15 PM
I am in NYC. Shall we team up?
Yes, we should.
I am a little late on this "meet the lawyers" drive.
Do we have any more people around here from NY?
Bidhan
Yes, we should.
I am a little late on this "meet the lawyers" drive.
Do we have any more people around here from NY?
Bidhan
more...
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satishku_2000
11-29 11:48 PM
If this turns out true, that will be great !!!
One minor side effect is that India EB dates might further retrogress because still there a lot of folks with PD 2001,2002 etc pending namecheck clearance.
I thought the same but they need to get out of the queue before you and I can get our turn :) .. Good for them finally ...
In the longer run I guess it makes predicitions easy :)
One minor side effect is that India EB dates might further retrogress because still there a lot of folks with PD 2001,2002 etc pending namecheck clearance.
I thought the same but they need to get out of the queue before you and I can get our turn :) .. Good for them finally ...
In the longer run I guess it makes predicitions easy :)
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pd_recapturing
06-19 10:12 AM
^^^^BUmp^^^^
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pictures Black And White Rose Drawing
morchu
04-19 11:56 AM
10+2+1+3 ?
You have two options:
1. Prove that the requirement for 3 year diploma, was 10+2+1
2. Get a very detailed credit by credit evaluation of all the courses you did compared to a US bachelors. I have seen that in many schools in India, just by a 3 year diploma we complete all the credits for a US bachelors (some times even US Masters :) ). Exact credit hours, course description etc may be required in official form.
-Morchu
So this is actually 16 years of education overall and not 14 as suggested by other member. Sorry to ask, could you confirm this again, or did you mean to say 10+3+1? as you said this is accurate about what other member said.
You have two options:
1. Prove that the requirement for 3 year diploma, was 10+2+1
2. Get a very detailed credit by credit evaluation of all the courses you did compared to a US bachelors. I have seen that in many schools in India, just by a 3 year diploma we complete all the credits for a US bachelors (some times even US Masters :) ). Exact credit hours, course description etc may be required in official form.
-Morchu
So this is actually 16 years of education overall and not 14 as suggested by other member. Sorry to ask, could you confirm this again, or did you mean to say 10+3+1? as you said this is accurate about what other member said.
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deafTunes123
08-07 10:39 AM
I am not sure whether should I consider myself under EB2- Jan 2004 or EB3 Jan 2004. Because, I didn't get any confirmation of the case interfiled. Of course its just this week that lawyer that initiated the interfile.
EB-3 India Jan 2004
Interfile to EB2 initiation 08/06/2008
EB3 I-485 @ TSC
Received on July 02, 2007
Receipted on Sep 04, 2007.
EB-3 India Jan 2004
Interfile to EB2 initiation 08/06/2008
EB3 I-485 @ TSC
Received on July 02, 2007
Receipted on Sep 04, 2007.
more...
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nikh
08-13 10:54 PM
On aug 9 th, USCIS nebraska center issued a total of 4063 receipt nos for 485, EAD, and APs.
see the link http://.com/discuss/485eb/20866725/
From this, if we assume ~4000/day, it ll take 20 working days to clear july 2nd filers (~80,000). My guess is by 31st Aug.
see the link http://.com/discuss/485eb/20866725/
From this, if we assume ~4000/day, it ll take 20 working days to clear july 2nd filers (~80,000). My guess is by 31st Aug.
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illinois_alum
07-24 02:40 PM
NSC: E-Filed June 02
Document Send: June 02
FP Done: June 26
PD Will be current in Aug. Namecheck cleared since Nov 2007.
How do you know your namecheck has been cleared since Nov 2007?
Document Send: June 02
FP Done: June 26
PD Will be current in Aug. Namecheck cleared since Nov 2007.
How do you know your namecheck has been cleared since Nov 2007?
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abracadabra102
12-05 06:06 PM
Does any body think of people who did not get a chance to file I-485 who had earlier priority date(2002-mar 2005) ?
Nag, you mentioned in one of the posts that your wife has a PhD in CSE. Why can't she join a university as a Post doctoral fellow (PDF)? I do not know what type of work authorization is required for that, but my guess is she can easily get it. She gets paid and will have a chance to apply under EB1 category which is almost always current. You can file as dependent. No point whining about folks discussing their EAD/AP issues. Everyone knows BEC guys got a short shrift in this.
Nag, you mentioned in one of the posts that your wife has a PhD in CSE. Why can't she join a university as a Post doctoral fellow (PDF)? I do not know what type of work authorization is required for that, but my guess is she can easily get it. She gets paid and will have a chance to apply under EB1 category which is almost always current. You can file as dependent. No point whining about folks discussing their EAD/AP issues. Everyone knows BEC guys got a short shrift in this.
vishwak
01-12 11:14 AM
Transit Visa need to Travel Via-Germany if you don't have valid Visa or Travelling on AP.
Please who are travelling Via---> Germany should hold Transit visa, if they don't have Valid US Visa or using AP.
I believe this rule came recently, please see below link of German Consulate Website for more information.
German Missions in the United States - Transit Visa Country List (http://www.germany.info/Vertretung/usa/en/04__Legal/02__Directory__Services/01__Visa/__Transit__Country__List__Visa.html)
This applies to people who are going to India to get Visa at Consulate in India too.
If any one is Travelling Visa- Germany (Frankfurt/Munich etc) please take necessary steps.
And this is new and most of the passengers/Airport people might not be aware, better be safe than sorry later.
Please who are travelling Via---> Germany should hold Transit visa, if they don't have Valid US Visa or using AP.
I believe this rule came recently, please see below link of German Consulate Website for more information.
German Missions in the United States - Transit Visa Country List (http://www.germany.info/Vertretung/usa/en/04__Legal/02__Directory__Services/01__Visa/__Transit__Country__List__Visa.html)
This applies to people who are going to India to get Visa at Consulate in India too.
If any one is Travelling Visa- Germany (Frankfurt/Munich etc) please take necessary steps.
And this is new and most of the passengers/Airport people might not be aware, better be safe than sorry later.
radhay
06-01 11:34 AM
done
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