nashim
06-01 06:32 PM
Hi Gurus,
I have couple of questions regarding my AC21 portability, please post your thoughts on this.
My I485 was filed in July, 2007 based on approved I140 (EB3 India). Now I have new approved EB2 PERM labor from same company and I am also working for the same GC sponsor company and planning to interfile to my existing I485 so that I can capture old PD in to EB2. My question is,
1) Can I invoke AC21 immediately after interfiling or do I need to wait another 6 months after interfiling?
2) Will there be any impact on my old I485 application in case of interfiling denial?
thanks
I have couple of questions regarding my AC21 portability, please post your thoughts on this.
My I485 was filed in July, 2007 based on approved I140 (EB3 India). Now I have new approved EB2 PERM labor from same company and I am also working for the same GC sponsor company and planning to interfile to my existing I485 so that I can capture old PD in to EB2. My question is,
1) Can I invoke AC21 immediately after interfiling or do I need to wait another 6 months after interfiling?
2) Will there be any impact on my old I485 application in case of interfiling denial?
thanks
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amitjoey
07-09 04:10 PM
Added this info to the profile of Mr.Gonzalez in Wikipedia and also to USCIS and DOS.
Thanks Naveen for the initiative.
Thanks Naveen for the initiative.
gc4me
07-29 11:44 AM
Why did you file EAD? Waste of money. You will be getting your GC anytime. EB2 ROW is curent.
EAD Paper filed at TCS EB2 ROW
USCIS Receipt date: April 18, 08
FP done: July 22, 08
No LUDs, No EAD yet.
EAD Paper filed at TCS EB2 ROW
USCIS Receipt date: April 18, 08
FP done: July 22, 08
No LUDs, No EAD yet.
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sk2006
09-03 03:50 PM
Congrats n enjoy freedom
Just curious: Did you registered/sign up for CRIS mail?.
I believe it is really a nice surprise if we see the card rather than customary bunch mails.
Sheela,
I have signed up for cris mails.
I do get and did get emails on every update.
Online status shows the most recent update.
Just curious: Did you registered/sign up for CRIS mail?.
I believe it is really a nice surprise if we see the card rather than customary bunch mails.
Sheela,
I have signed up for cris mails.
I do get and did get emails on every update.
Online status shows the most recent update.
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reddymjm
06-09 08:47 PM
My recipect number start from SRC. whrere is that center? Ivthought texas starts with TSC.
Texas starts with SRC...
WAC/EAC/LIN.. NO TSC as far as I know.
Texas starts with SRC...
WAC/EAC/LIN.. NO TSC as far as I know.
mirage
03-06 06:09 PM
You wouldn't have felt that way if you were EB-3 India sittinig for last 8 years, reading Visa Bulletins every months, just to find it still in Oct'2001...And if you ask USCIS what's going on they ask you 5K.
Funny how some people call this country cap 'discrimination.' If this is discrimination, then everybody is being discriminated, as the country cap applies to all countries, not just India and China. Since everybody is 'discriminated,' then it is not discrimination anymore.:)
Funny how some people call this country cap 'discrimination.' If this is discrimination, then everybody is being discriminated, as the country cap applies to all countries, not just India and China. Since everybody is 'discriminated,' then it is not discrimination anymore.:)
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newu77
08-20 04:15 PM
I called on friday. Had to explain the lady that as per press-release, my receipt number should be issued. After 20 minutes of discussions, she escalated my call to another officer. She checked the database with my name, DOB and A# but she could not find any thing related to I-485.
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kdprasad
08-13 07:48 PM
The checks were submitted by my attorney and I am sure they might have cashed but I can not say for sure.
BG I got receipt numbers but the checks are not cashed yet.
PD - Jan 2006
I-140 - Nov 2006
485 Filed - July 2nd 11:30a.m
Receipt Notice -- August 10th (Received on 13th, But checks not cashed yet :)
BG I got receipt numbers but the checks are not cashed yet.
PD - Jan 2006
I-140 - Nov 2006
485 Filed - July 2nd 11:30a.m
Receipt Notice -- August 10th (Received on 13th, But checks not cashed yet :)
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archanais
07-04 10:32 PM
Sign the agreement get the GC and use the same agreement to sue the employer ....
Nobody can bind you in US, take care .....
Drirshad,
Thanks for the reply, Do you mean proceed with corp-to-corp between current Y(employer) and Prior-employer X(by paying h1b tranfer fee). Sign the Agreement with Employer X to continue GC and then sue them ? ?hmmm... interesting.
Before accepting an Employement with company X, if there would have been an agreement stating they will sponsor my green card (atleast the paperwork), that would have helped me.. hard luck..
Nobody can bind you in US, take care .....
Drirshad,
Thanks for the reply, Do you mean proceed with corp-to-corp between current Y(employer) and Prior-employer X(by paying h1b tranfer fee). Sign the Agreement with Employer X to continue GC and then sue them ? ?hmmm... interesting.
Before accepting an Employement with company X, if there would have been an agreement stating they will sponsor my green card (atleast the paperwork), that would have helped me.. hard luck..
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maag
06-06 09:28 PM
Hi Maag,
I did not land yet. Planning to give away canada PR. Its too much of risk being on AP/EAD. I have too many things on stake in US like Home, Nice Jobs for me and my wife..don't want to risk all that.
As it is i don't think I will ever settle in Canada, i had applied at a time when my US labor was stuck in backlog for almost 5 years but now things have changed and if i ever have to leave US I think I will go back to my home country; as it is after being here for 8 years I don't have energy to start all over again in some new country.
What have you decided? do you know the procedure to get landing fee back?
I am also giving up canada PR, i had also applied at the time my green card process was not moving, also i don't have any job offer as of now in canada, i don't want to leave what's in hand in hope of something similar (can't say better). I don't know procedure to get landing fees back and will soon be working on that.
I did not land yet. Planning to give away canada PR. Its too much of risk being on AP/EAD. I have too many things on stake in US like Home, Nice Jobs for me and my wife..don't want to risk all that.
As it is i don't think I will ever settle in Canada, i had applied at a time when my US labor was stuck in backlog for almost 5 years but now things have changed and if i ever have to leave US I think I will go back to my home country; as it is after being here for 8 years I don't have energy to start all over again in some new country.
What have you decided? do you know the procedure to get landing fee back?
I am also giving up canada PR, i had also applied at the time my green card process was not moving, also i don't have any job offer as of now in canada, i don't want to leave what's in hand in hope of something similar (can't say better). I don't know procedure to get landing fees back and will soon be working on that.
more...
saratswain
05-05 11:11 PM
Please tell me, why are you so frustrated ? Because you are not able to live as comfortable life as you desire ? Most of you are highly educated, if you go back to India you will be among the top 2-3% of population. But you do not want to, you have personal reasons, you have many other things not to go back.
How justified some of us are when we say, we paused our life because of we do not have green card ? If we do have this mentality, then we need to grow up. And yes, we need to look back to India where more than 40% people live below poverty line.
If you believe in God, then thank him that he even gave you an opportunity to make yourself better financially. If you do not believe in God then thank your luck. But be thankful.
-Thank you.
Hope everyone gets what is best for him/her.
(I am in H1B for last 7 yrs and have applied GC- waiting)
How justified some of us are when we say, we paused our life because of we do not have green card ? If we do have this mentality, then we need to grow up. And yes, we need to look back to India where more than 40% people live below poverty line.
If you believe in God, then thank him that he even gave you an opportunity to make yourself better financially. If you do not believe in God then thank your luck. But be thankful.
-Thank you.
Hope everyone gets what is best for him/her.
(I am in H1B for last 7 yrs and have applied GC- waiting)
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bheemi
06-21 09:18 AM
I would request IV core team to concentrate on new bill or some way for relief to skilledworkers like us. I dont think waiting until end of July is good option here. It is certain that CIR is not going to be there for this year..whole US world is thinking of same.
Further request to IV core team to work on some thing different for relief for skilled workers
Further request to IV core team to work on some thing different for relief for skilled workers
more...
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ssa
07-28 12:47 PM
What exactly is the point of this rambling debate? Does anybody really thinks he/she can make an EB2 see the point of view of EB3 or vice-a-versa? No amount of legal/moral/philosophical arguments is going to convince the other party and we all know it.
All this debate has done is to bring out the ugliest side of all of us to the surface. There are EB2s claiming every EB2 is by definition superior than EB3 which is insane. And there is an EB3 who is itching to take help of none other than Ron Hira to shot down somebody's GC application as a retribution and couple of people applauding him for the brilliant idea! Really? Do we really thinks this is such a grand idea?
Just accept that everyone's only guiding principle here is self interest and move along. No need to jump through hoops to interpret the immigration law in 101 different ways and no need to call attention to personal suffering and plight. If we do really believe personal suffering should take precedence over everything else on humanitarian grounds then lets all first fight for illegal immigrants since their suffering is much worse than anyone here!
EB3s, go run your campaign and stop trying to appeal to EB2's sense of justice. That will never happen.
EB2s, stop trying to expect EB3s will accept higher EB preference categories should in fact get preference over the lower ones. That will never happen.
The only thing we all can hopefully agree on is, if there is anyone here - doesn't matter EB2 or EB3- who is fiercely debating this but has never contributed to IV and has never participated in any of the previous IV action items in the past that person should just shut up! If you were never active in IV you shouldn't really be talking at this point!!
All this debate has done is to bring out the ugliest side of all of us to the surface. There are EB2s claiming every EB2 is by definition superior than EB3 which is insane. And there is an EB3 who is itching to take help of none other than Ron Hira to shot down somebody's GC application as a retribution and couple of people applauding him for the brilliant idea! Really? Do we really thinks this is such a grand idea?
Just accept that everyone's only guiding principle here is self interest and move along. No need to jump through hoops to interpret the immigration law in 101 different ways and no need to call attention to personal suffering and plight. If we do really believe personal suffering should take precedence over everything else on humanitarian grounds then lets all first fight for illegal immigrants since their suffering is much worse than anyone here!
EB3s, go run your campaign and stop trying to appeal to EB2's sense of justice. That will never happen.
EB2s, stop trying to expect EB3s will accept higher EB preference categories should in fact get preference over the lower ones. That will never happen.
The only thing we all can hopefully agree on is, if there is anyone here - doesn't matter EB2 or EB3- who is fiercely debating this but has never contributed to IV and has never participated in any of the previous IV action items in the past that person should just shut up! If you were never active in IV you shouldn't really be talking at this point!!
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hebbar77
05-08 08:10 PM
I guess affected class should make an impact visible enough for people to realize they cant let us down.
Example : keeping all our savings and checking cash in our country banks. This will not provide free money to local banks.
Lets say
500k people pulling out 25k each. Thats a big sum. Its just investing our money in our country bcos we DONT expect GCs!
Also buy airtickets from broker from your home country which will benefit your country getting the sales tax!... so on.
I have nothing against anyone. I am just saying how we can assert our importance.
Example : keeping all our savings and checking cash in our country banks. This will not provide free money to local banks.
Lets say
500k people pulling out 25k each. Thats a big sum. Its just investing our money in our country bcos we DONT expect GCs!
Also buy airtickets from broker from your home country which will benefit your country getting the sales tax!... so on.
I have nothing against anyone. I am just saying how we can assert our importance.
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ganguteli
03-07 01:02 PM
I don't think people are in reality. We are in an environment that we have to be diligent that they don't make it harder then what it is; rather then making it easier.
People started playing the devils advocate that if there is quotas on EB then there should also be quota on H-1b; sort of trying to say if there isn't quota on h-1b then there shouldn't be on EB.
A little while ago; some Indian nationals who were here on H-2 visa to help with re-construcing mississipi and louisiana after hurrican katrina got the bright idea to do a march and go public with their grievances. Their grievances were that they paid $15K to come to USA; they were given poor housing, poor working conditions and they want to get greencards.
Do you think they got greencards? No; now the law has been changed to not include India as part of H-2 visas.
Everyone should try to understand the reality that we are in.
This is exactly what I was saying. People are getting overzealous and are losing their balance. By attracting too much attention when everyone in power is being anti-immigrant you people will hurt everyone. They will impose some more restrictions on us.
We need to lay low for a while until economy improves and focus on keeping our jobs. That is the need of the hour rather than becoming a hero and trying to go against the wave.
People started playing the devils advocate that if there is quotas on EB then there should also be quota on H-1b; sort of trying to say if there isn't quota on h-1b then there shouldn't be on EB.
A little while ago; some Indian nationals who were here on H-2 visa to help with re-construcing mississipi and louisiana after hurrican katrina got the bright idea to do a march and go public with their grievances. Their grievances were that they paid $15K to come to USA; they were given poor housing, poor working conditions and they want to get greencards.
Do you think they got greencards? No; now the law has been changed to not include India as part of H-2 visas.
Everyone should try to understand the reality that we are in.
This is exactly what I was saying. People are getting overzealous and are losing their balance. By attracting too much attention when everyone in power is being anti-immigrant you people will hurt everyone. They will impose some more restrictions on us.
We need to lay low for a while until economy improves and focus on keeping our jobs. That is the need of the hour rather than becoming a hero and trying to go against the wave.
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Edison99
02-01 02:10 PM
asdcrajnet, very sorry to hear but good luck with your new efforts and live peacefully!!!
Finally we have decided to go back to India for good. I filed my EB3 in May 2003. Its going to be another 4 years to get the green card. When I went to India for vacation last December, we liked it over there & the economy is booming. There are all sorts of discussion regarding the Economic Gap/Politics/Corruption/Cleanliness. But we like it over there. Finally I will have an option to do something interesting. In US I was very much dependent on my monthly pay check and afraid to take even the slightest risk. I am also scared to use the AC21(Hey, thats the way I am). I am working with the same company for last 10 years, kinda stagnant in the last 4 years. In India, there are lots of choices, either to work for a sw company or start some business on my own. I think I will take the business route.
May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!
Good Luck to everybody!!
Finally we have decided to go back to India for good. I filed my EB3 in May 2003. Its going to be another 4 years to get the green card. When I went to India for vacation last December, we liked it over there & the economy is booming. There are all sorts of discussion regarding the Economic Gap/Politics/Corruption/Cleanliness. But we like it over there. Finally I will have an option to do something interesting. In US I was very much dependent on my monthly pay check and afraid to take even the slightest risk. I am also scared to use the AC21(Hey, thats the way I am). I am working with the same company for last 10 years, kinda stagnant in the last 4 years. In India, there are lots of choices, either to work for a sw company or start some business on my own. I think I will take the business route.
May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!
Good Luck to everybody!!
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gc_lover
07-02 08:52 AM
Delivered to Lincoln, NE on July 02, 2007 at 7:55AM.
Signed for by good old Robin Williams. This man would surely suffer from Carpal Tunnel Syndrome!
Robin Williams? Are you sure it didn't go to Hollywood!
Signed for by good old Robin Williams. This man would surely suffer from Carpal Tunnel Syndrome!
Robin Williams? Are you sure it didn't go to Hollywood!
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amsgc
03-09 11:53 PM
Sayantan,
It ironic that you, of all people who got a GC through EB1, are questioning the importance of intellect over physical labor. It is no secret that human civilization has progressed and prospered only because some people have thought hard and attempted to invent new things. And the current EB preference system clearly reflects that importance of intellectual advancement to any society.
The cabbie or the waiter, with due respect their profession, is a mere cog in the wheel; a facilitator. But you my friend, the high skilled immigrant, have the ability to innovate and help your society progress. You have the education and understanding that can be passed on to future generations.
It is not to say that the waiter cannot invent, but the fact of the matter is five years on and he is still waiting tables.
I wonder if you were waiting in limbo for five-six-seven years, would you have still made this callous remark?
what makes you think you are more important to american society than the waiter or the cabbies? we all come to US under full disclosure but a hope that by the time our turn at GC (and Citizenship for those who care) comes - the queues would have shortened or the rules would have changed in our favor and we wont have to wait for so long......
It ironic that you, of all people who got a GC through EB1, are questioning the importance of intellect over physical labor. It is no secret that human civilization has progressed and prospered only because some people have thought hard and attempted to invent new things. And the current EB preference system clearly reflects that importance of intellectual advancement to any society.
The cabbie or the waiter, with due respect their profession, is a mere cog in the wheel; a facilitator. But you my friend, the high skilled immigrant, have the ability to innovate and help your society progress. You have the education and understanding that can be passed on to future generations.
It is not to say that the waiter cannot invent, but the fact of the matter is five years on and he is still waiting tables.
I wonder if you were waiting in limbo for five-six-seven years, would you have still made this callous remark?
what makes you think you are more important to american society than the waiter or the cabbies? we all come to US under full disclosure but a hope that by the time our turn at GC (and Citizenship for those who care) comes - the queues would have shortened or the rules would have changed in our favor and we wont have to wait for so long......
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chi_shark
07-09 02:55 PM
I have not heard of any rejection. But, the fact that you're receving 1099-MISC means that you're not full time. In fact, you're not even an employee for the company. If you receive an RFE, I assume you'll need to produce paystubs (which the OP don't have). In addition, you won't even get 1099-MISC until the year end. In short, no proof to overturn RFE.
IF the company can produce such a letter, technically it is a fraud since the OP is NOT a full-time employee. Replying to RFE with no proof and fraud intend won't fly.
Fittan
payslips are not "required" only thing needed is a proof that you have been offered a job that meets all those conditions we all know about. technically, you dont even need to be working when you get RFE... ac21 memo allows self employment very clearly and distinctly. however, it also allows for two things: 1) it allows the IO to ask whatever questions they want to ensure that the job is legitimate and not a fraud. 2) it allows the IO to investigate if there was truly an intention between the beneficiary and the petitioner who applied for I-140 at the time of filing for I-140 AND at the time of filing I-485 (if not con-current). Fortunately, the IO is limited to investigating all this only by means of RFE (i.e. he cannot send the FBI or CIA behind you).
the problem for you and for me is that all this shit has not been proven in court... will you be the first person to take this risk? if you respond to RFE and then they deny your 485 and then you fight a case to overturn that denial, then it will set a precedent in case law that can be applied to all of us... so, please do it and let us know! :-)
i incorporated last year but did not do any business... instead i took a full time job with a well known company... I am shutting down my inc this year... i have already responded to an RFE with an EVL from my employer... i wish they could clarify on this policy... as per AC21 memo, they dont have any problem with self employment...
IF the company can produce such a letter, technically it is a fraud since the OP is NOT a full-time employee. Replying to RFE with no proof and fraud intend won't fly.
Fittan
payslips are not "required" only thing needed is a proof that you have been offered a job that meets all those conditions we all know about. technically, you dont even need to be working when you get RFE... ac21 memo allows self employment very clearly and distinctly. however, it also allows for two things: 1) it allows the IO to ask whatever questions they want to ensure that the job is legitimate and not a fraud. 2) it allows the IO to investigate if there was truly an intention between the beneficiary and the petitioner who applied for I-140 at the time of filing for I-140 AND at the time of filing I-485 (if not con-current). Fortunately, the IO is limited to investigating all this only by means of RFE (i.e. he cannot send the FBI or CIA behind you).
the problem for you and for me is that all this shit has not been proven in court... will you be the first person to take this risk? if you respond to RFE and then they deny your 485 and then you fight a case to overturn that denial, then it will set a precedent in case law that can be applied to all of us... so, please do it and let us know! :-)
i incorporated last year but did not do any business... instead i took a full time job with a well known company... I am shutting down my inc this year... i have already responded to an RFE with an EVL from my employer... i wish they could clarify on this policy... as per AC21 memo, they dont have any problem with self employment...
mariner5555
05-01 02:07 PM
lots of labors were sold..god knows how many are in queue by substitution
I think lot of labor subs guys have already got their GC ..there maybe sizeable number though remaining. in the example that I gave ..these guys didnt even get a decent job ..so they didnt even come to the GC scene.
also lot of people were having multiple H-1's ..so I am trying to be optimist in suggesting that the real demand may not be that much ..also, because of repeated complaints ..I would think that USCIS will try to push as many EB3- I cases as possible ..so they can show that dates are not severly retrogressed. these are all optimistic thinking points ..as one of my telugu friends told me ..even paan wallah's were coming from hyderabad ...and I guess for their own good 90% of them went back to get oppurtunities in India. many of them were already working in govt positions ..and I guess H1 hiring was almost at a standstill during the last downturn.
I think lot of labor subs guys have already got their GC ..there maybe sizeable number though remaining. in the example that I gave ..these guys didnt even get a decent job ..so they didnt even come to the GC scene.
also lot of people were having multiple H-1's ..so I am trying to be optimist in suggesting that the real demand may not be that much ..also, because of repeated complaints ..I would think that USCIS will try to push as many EB3- I cases as possible ..so they can show that dates are not severly retrogressed. these are all optimistic thinking points ..as one of my telugu friends told me ..even paan wallah's were coming from hyderabad ...and I guess for their own good 90% of them went back to get oppurtunities in India. many of them were already working in govt positions ..and I guess H1 hiring was almost at a standstill during the last downturn.
indyanguy
09-26 12:58 PM
By Self employment, do you mean working on 1099 or by starting a business and working for it?
Per my lawyer,
1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
3. Self employment is ok as long as the requirements are met and that is what is I am doing now.
Per my lawyer,
1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
3. Self employment is ok as long as the requirements are met and that is what is I am doing now.
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