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  • sirinme
    09-30 10:30 AM
    I'm currently on my 4th EAD & AP, and I used AC21 twice so far to switch jobs (similar job descriptions, including the specific technologies I worked on). On both occasions, I have not informed USCIS. My attorney said one is not legally required to do so, and that we could respond if there is any RFE.

    But I also know that there are lot of attorneys out there who recommend informing USCIS about the job change. I don't personally know of anyone who have used AC21 and went on to get the green card, so I can't really tell which approach is better. In either case, make sure to have all relevant paper work with you - specifically the experience letters from old employers with proper job descriptions.

    As for the salary increases when changing jobs, I did talk to more than one attorney about this. And what I heard consistently was that higher salary is not as much of a problem as lower salary could be. In my case, I had salary increases of more than 30% each time I changed jobs, and I am doing fine so far. Whether that becomes a problem for me or not, I will deal with it when it happens.

    I traveled out of the country a couple of times using AP. On my return to US, at the port of entry (SFO), I was asked if I still worked for the company that originally sponsored my GC application. I told them I changed employers using AC21, and that I was not legally required to inform USCIS about the job change. And they let me go without causing any trouble. Not sure if anyone else had different experiences in such case, but the immigration officers at SFO seem to be somewhat easier to deal with (assuming you haven't done anything wrong, of course).

    I did have trouble with AC21 once. I ended up having a gap between my 2nd and 3rd EADs (so did my wife too), as we tried to do too much 'optimization' of EADs. Well, we learned the hard way that 'optimization' effort is bad, as both of us had to stop working during the gap. It's not a very pleasant feeling having to explain our respective employers that we had such issue. We lost money too, as we couldn't be legally paid during the gap - in addition to the unnecessary stress. I wish USCIS issues EADs with longer validity period - something like 3 years (but I once heard Aman say that they couldn't do so due to a software glitch in their system!!). In any case, we are now filing for EAD renewals well in advance of the current one's expiry.

    Other issues with AC21 that we faced are things like having to pay for EAD and AP renewals every year, which is quite expensive. I guess you could negotiate this with your new employer when changing jobs. And the sheer inability to change your job roles or take on more responsibilities (on paper too!) is frustrating, but that is more of a lengthy GC processing symptom than an AC21 issue.

    All things considered, I think AC21 is good. It's got it's set of issues, especially if you don't use it wisely, but it at least lets you have some kind of progress in your careers. The way I see it, if there is no career progress, I can at least make more money. You got to gain something over years of waiting to keep you going!




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  • calabor2001
    05-02 08:59 PM
    This post of yours is really funny and it got me laughing like crazy!!! Very well put - I guess I belong to the category of "Endurance Limit" as well. Good Luck!!!

    :)
    My PD is Sep 2002. There are different limits:

    Break even limit
    Fatigue limit
    Endurance limit

    I am on last one :)




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  • vij
    06-14 04:35 PM
    My I-485 was mailed on June 1'st. Attorney haven't received receipts yet.
    But my checks to USCIS got cashed yesterday. There are two numbers starting with SRC......but I dont know why there are two numbers instead of one.
    Which service center approved your I-140 - Nebraska or Texas?




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  • GC_LOOKIN
    08-23 01:33 PM
    Hi,
    I got my EAD today...Even i received my EAD also...Mine is sent to NSC on july 2nd...I received EAD's from Texas Center...I think my application was transferred to Texas...I have approved I-140 from Texas...Are receipt numbers for EAD, 485, AP are in serial? I haven't received receipts yet...I filled G-28...my attorney did not receive my receipts...I don't know what is going on...

    Congratulations..my application was received by NSC on July 2nd too, and I haven't received anything yet..hope i will get it sometime soon...so are all the applications that went to NSC on July2nd are getting transfered to TSC ??



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  • dhesha
    08-27 12:05 PM
    Yesterday we got our cards for myself and wife. Good luck to all who are still waiting.




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  • LC2002
    08-15 08:08 PM
    Got CRIS email today Card Production ordererd for my EAD renewal. Spouse's EAD filed in June still pending thanks to USCIS LIFO policy.

    No updates in I-140/485.



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  • ajay
    11-17 03:15 PM
    Sent it.




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  • ragz4u
    05-02 12:38 PM
    I am not sure about that. Most of the EB3 guys have advance degrees (including me) but not necessarily with US degrees.

    I would not agree that most folks in EB3 have advanced degrees. Most do not. They have lot of experience though


    believe me...you would think that people with advanced degrees would have applied in EB2...but there are cases where people have had to apply in EB3 category even with an advanced degree


    I disagree with this too. Here are a few examples
    1) A couple of years ago, when there was no retrogression, most folks did not want to take a chance and thought EB3 was a safer bet
    2) Many Advanced Degree holders from US Univs joined a firm and their GC was applied immediately. But since they did not have enough work ex, they applied in EB3
    3) Lots of scrupulous employers heard about retrogression and were actually very happy. They purposely filed even highly qualified folks as EB3 so that their abuse can be prolonged
    4) Incompetent lawyers who felt they would not be able to prove the necessity of EB2
    5) Sheer ignorance on the part of the beneficiary



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  • priderock
    05-11 04:28 PM
    I am not an attorney, but this is what I know:

    Yes, you can start a business, but you can't work for this company. Not even write a check on behalf of this company.

    You need to hire some one (like a general manager or president) to do these on company's behalf.

    You can run the company and earn profits (of course you need to pay taxes).


    I do not know whether you can apply a H1 for yourself to work for your company :) , My guess is you can't.



    Originally Posted by theOne
    Are you sure you can open a business on H1B ?

    Thank you,
    theOne


    Will someone please respond ?

    Thank you.




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  • shreekarthik
    10-09 09:57 AM
    Why do you think FIFO is scientifically impossible? If you beleive that weather forecast is reliable like most of the Americans do, making the FIFO system work more effeciently without wasting even a single visa is possible.
    It is not necessary to issue the visa if the case is still pending for some reason, but if it has cleared all it has a visa number ready to complete the case. If all the visa numbers are allocated ( not necessarily issued) each year there will be no waste. There is no need to go back and recapture visa numbers because all visa numbers are already allocated. Obove all these reasons, those people with PD's as old as 1999 coming out from the BEC need not face another nightmare like first waiting for the I485 to become current before even he can file and then wait in the end of the queue for new applicants to move forward before having his case handled.
    This GC system broke because the system was revamped without taking into account the whole process.

    what are u comparing man. Weather forecast involves super computers. USCIS cannot even tell properly how many applications are delayed across what category. 2 months have passed priority dates have not moved at all. why ? USCIS is still trying to arrange all the 485s in ascending order of PDs. But every day FBI clears some amount of name checks. No one can predict what PDs those ones have. So just when USCIS thinks it has reordered everything FBI dumps some more. Now USCIS has to again reorder.



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  • tikka
    05-23 06:03 PM
    Sent IV press release to major newspapers/ news services using AILA website.
    Thank you for the all the links!!

    A little checklist to encourage other IV members to work on action items.

    1) Funding Drive
    http://immigrationvoice.org/forum/showthread.php?t=4618
    Just made paypal contribution for $100.

    2) Media Drive
    http://immigrationvoice.org/forum/showthread.php?t=4290
    Sent IV press release (http://immigrationvoice.org/forum/showthread.php?p=66341) to major Newspapers/Magazines/Television Networks/News Services using AILA site http://capwiz.com/aila2/dbq/media/

    3) Email to Senators
    http://immigrationvoice.org/forum/showthread.php?t=4619
    Sent to all senators in list by visiting their sites.

    4) IV Fax
    http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46
    Sent.

    Will work on (5) Phone Campaign (http://immigrationvoice.org/forum/showthread.php?t=4581) as soon as I get chance at work.




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  • fundo14
    04-18 05:43 PM
    Hi All,

    I have to do the landing before june, 2008.

    I have already used AP to enter US after my last trip to India. So IO at POE canada will know that I have pending 485. don't know how to handle this situation.

    I am planning to do the landing in last week of may via Niagra falls. (toronto)

    anyone with similar status done landing please share your experience.

    Thanks



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  • gk_2000
    02-17 02:45 PM
    Answer to this:

    effective marketing...something called MLM was used and some false promises.

    This event cannot run based on MLM or false promises.

    It can be successful only if every member understands their contribution and participation is key for this event and they are the one who can solve their immigration issue by taking this event seriously.

    this:

    I respectfully disagree. It has nothing to do with marketing, fraud desi companies put up free ads on sulekha, its the mindset of a large number of our audience we are missing and need to account for. maybe it has to do with jugaad/kludge - the goal defines the means (loosely).
    Of course many of these expectations cannot be satisfied in a honest non profit.

    And this:
    A dinner for a family costs $50 easily.
    A movie for a family costs $50.

    The mindset is incepted deep inside and it is extremely difficult to change.

    Sometimes, I see people wanting to do something, but their spouses don't allow them to.

    When I told people that I received GC - some desis who r still waiting got pissed. I heard all sorts of things, some say "You cheated", some say "Never knew you were Eb2", some say, "Are you sure?, have you got the cards yet?, Did you finish biometrics?" Some eb3 folks said "We will get ours too, some issue with finger prints , my husband's boss is very close to the congressman and we have influence in INS", some say "Your lawyer did some magic" etc.....

    People carry such mindsets, it is difficult to bring about awareness and change.


    is this:

    agree, it cannot be really changed by us. even if people willingly try to achieve a new mindset with positive programming, it takes months to achieve.
    Guess we have to work with what we have. There may be a solution, but only people with a similar mindset can come up with it.

    Positive programming. Could we start it inside ourselves first? Stop ranting and lamenting?


    The point is not that tri-state was crooked etc. The point is, they got the cash because they made themselves known as an entity that does some service

    Same with IV. If IV is just a rant board, who will believe? We must change IV!




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  • simplyforjunk
    08-15 06:31 PM
    Hi,

    My I140 was approved from TSC, and 485 sent to NSC (delivered on Jul 24, 2007). Still no receipt, but I140 has the LUD as Jul 28, 2007. Just hope that this means transfer to TSC on Jul 28. Any opinions?

    Thanks



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  • vbkris77
    05-01 12:56 PM
    INA doesn't talk about visa allocation for spouse and children in employment pref. So we need to atleast challenge CIS interpretation on this.




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  • dingudi
    11-06 01:39 PM
    Guys,

    It's almost 3 weeks today since I've opened SRs for my self and my spouse for not receiving FP notice and we haven't got any notice yet.

    I want to know if some one who opened a SR for FP and did not receive any FP notice after the wait period expired, what did you do? Is taking an infopass the next step for missing FP notices or just wait and watch?

    Thanks and good luck to all.


    Apahilaj,

    Buddy, it looks like its only you and me remaining who has not received the FP notice. For me its been 30 days since opening SR and nothing. We are the unfortunate ones who have not only not received FP but our application are in TSC , where opening an SR is of no use.

    We may want to try a different strategy to inquire about our FP rather than calling that number floating around which is of no use to us. All I got from calling that number was WAIT , Local ASC must be busy.

    I am not sure InfoPass appointment will help, but hope its worth trying.



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  • amitjoey
    05-23 06:47 PM
    Any reason why we arent considering the 2008 presidential candidates in our email campaign?

    Go ahead and send them as well, after you are done sending the first 2 (your state) and the 10 other priority senators.




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  • BharatPremi
    12-15 11:09 PM
    Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...

    A: I suggest you to have a trip in India and visit some places like Dharavi,
    Mumbai. If you do not want to go to India, Just take a trip to Brooklyn, NY
    You will see lots of souls in a such condition, you will start feeling better.
    I would not say this is nice way to feel good but that is the qucikest thing
    I can think of. What I mean to say is do not feel hopeless as you are in a
    way better condition than millions. And those millions have not lost hope
    and faith. Yes, you do not have GC so I also do not have GC. I do not
    have assets like what Bill Gates or Anil Ambani has. So now I get a good
    reason to depress and feel hopeless. Should I start feeling depressed?
    I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.

    SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.

    Ans: World history is full of events when people have done and made success
    against all odds. Have confidence and faith in yourself. Stand up to
    challenge the problems and entities who impose the problem on you.
    The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.

    Question: Have you done anything good for India or planning to do any good
    for USA? Or it is always about yourself?
    Have invested too much of time in this country to just pack up and go.

    Q: As per your claim, India has not done good to you with comparison to USA.
    Are you planning to go back to India after packing up? Just curious.

    Just curious if any of you feel this way? How do you handle such depressing feelings?


    See the answers and hope my answers do not depress you.




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  • s_r_e_e
    08-29 05:01 PM
    What a unfair system?

    Change title to - What AN unfair system :D:D:D:D




    akhilmahajan
    02-10 11:56 AM
    bump.............




    raju123
    07-09 07:35 PM
    Amit,

    This is nice but I feel we should mention briefly about how we inspired from Mahatma Gandhi and his philosophy.




    Flowers to Convey Hopes and Concerns of Skilled, Legal Immigrants
    July 9, 2007
    What
    Hundreds of legal, highly-skilled workers, who feel disappointed by the recent "flip-flop" enacted by the Department of State (DoS) and the United States Citizenship and Immigration Service (USCIS), with regards to eliminating the Green-Card processing delays, plan to send flowers to the USCIS Director, Emilio Gonzalez as a part of a symbolic and peaceful protest.
    Where
    The flowers are scheduled to be delivered to his office at 20 Massachusetts Avenue, NW Washington D.C. through various flower vendors.
    When
    July 10th, 2007.
    Why
    With this effort, they hope to create awareness about their predicament and express their anguish and frustration at the reversal and the lack of action from the Government. These are the highly skilled workers who have been driving the innovation in the US for many decades and have been living in this country legally and yet, they feel that their issues, concerns and contributions to the economy have largely gone unnoticed.
    There are 140,000 Green cards allocated for highly-skilled workers and their dependents in a fiscal year (unused visas may not be rolled over to the next year). However, due to over-subscription, thousands of highly-skilled workers, including engineers, scientists, MBAs and health care professionals have been waiting patiently for years in order to be eligible to apply for their Green cards.
    On June 13th, 2007, DoS provided a glimmer of hope to these aspiring legal immigrants, by announcing in their visa bulletin that all Employment-based green card applicants and their dependents would be eligible to apply for their Green cards, during the month of July 2007. Following this announcement, most of these future Americans and their sponsoring businesses, began a scramble to compile the documents and complete medical examinations required for their applications. After overcoming several hurdles and enduring hardships, these applicants eagerly waited for July 2, 2007 to send out their applications to the USCIS. However, to their dismay, the DoS, in an unprecedented move, issued an addendum to the visa bulletin, on the very day that the USCIS should have begun accepting their applications, stating that all available visa numbers for the current fiscal year had been used up and that no new applications would be accepted.
    This sudden reversal has resulted in emotional distress and financial losses for these individuals and businesses.
    Now, these highly-skilled professionals have decided to call attention to the "broken" immigration system in the U.S. for legal immigrants, by sending flowers to the USCIS Director, Emilio Gonzalez. They request that the USCIS honor the original visa bulletin and accept applications received through the month of July. In addition, they hope to encourage the U.S. Government to create more fool-proof immigration policies for the forthcoming year or at the least pass a legislation allowing the continual use of unused employment-based immigrant visa numbers from previous years.
    Dilip Tekkedil who came to the US in 1998 for graduate studies and is still waiting for his green card hopes to send a simple message with this campaign � �fix the system�, he says. On various online discussion forums, most skilled, legal immigrants want to send this message to USCIS and more broadly to the US lawmakers � �I understand that your agency does all it can to do the best job. I hope you empathize with a legal immigrant's frustration. A small token of peaceful symbolic act and hoping for the best.�
    Media Contact: This symbolic protest largely grew out of grassroots discussion on various forums on the website hosted by the group Immigration Voice. Some volunteers who work with Immigration Voice have been loosely directing this event.

    References:
    This article on the South Asian Journalist Association's forum explains the issues facing skilled, legal professionals in the US.

    Media coverage
    The Wall Street Journal: Reversal Frustrates Green-Card Applicants by MIRIAM JORDAN. July 5, 2007; Page A2
    The New York Times: Suit Planned Over Visas for the Highly Skilled by JULIA PRESTON. July 6, 2007
    The Times Of India: Green Card Hopefuls Resort to Gandhigiri in US by Chidanand Rajghatta. July 7, 2007
    The New York Times: Immigration Malpractice. July 7, 2007



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