JunRN
12-18 03:11 PM
As per AC21 rule, it is from Receipt. However, let's put some practicality into the matter. Some IO's interpret the rule wrongly and used Notice Date instead. So what will happen? Your GC denied for wrong reasons and you file for MTR because it was USCIS mistake. If you're willing to take the chance, then go. If not, better use Notice Date for practicality purposes and to avoid all the hassle of MTR, etc.
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skd
08-20 01:28 PM
that you will attend the DC rally... I won't tell you if I got the receipt notice;)
(I filed my AOS on July 2 at TSC)
TSC has officially progressed to 6/30 so the July filers should now start receiving their receipt notices! But the question is, what do we do after we get them, or in the worst case, if our AOS got rejected? There is nothing you or I can do at this time... the deadline to re-submit is over on August 17th.
The root cause of the whole problem is retrogression & country caps, and unless we speak up about it in one voice, no one will do anything to fix that root cause!
So keep looking at the road as you drive, but also take a moment to look beyond the next 1 mile... where there is a traffic jam in which you and I will get stuck for the next 5 to 10 years... unless we do something about it.. together!
So, please take a break from tracking receipts, and decide how long you are willing to renew EADs and worry about following the complex AC21 rules & regulations. If you are like me and not willing to do that forever, then make up your mind and attend the DC rally!
If you attend the rally, you can travel to DC for free/ a fraction of the cost, please look at these threads:
http://immigrationvoice.org/forum/showthread.php?t=12566
http://immigrationvoice.org/forum/showthread.php?t=12441
Thanks!
Nice of you abhijitp, I amd northwest part of country won't be able to make it , But I am telling my friends in Tri-State and VA to attend that
(I filed my AOS on July 2 at TSC)
TSC has officially progressed to 6/30 so the July filers should now start receiving their receipt notices! But the question is, what do we do after we get them, or in the worst case, if our AOS got rejected? There is nothing you or I can do at this time... the deadline to re-submit is over on August 17th.
The root cause of the whole problem is retrogression & country caps, and unless we speak up about it in one voice, no one will do anything to fix that root cause!
So keep looking at the road as you drive, but also take a moment to look beyond the next 1 mile... where there is a traffic jam in which you and I will get stuck for the next 5 to 10 years... unless we do something about it.. together!
So, please take a break from tracking receipts, and decide how long you are willing to renew EADs and worry about following the complex AC21 rules & regulations. If you are like me and not willing to do that forever, then make up your mind and attend the DC rally!
If you attend the rally, you can travel to DC for free/ a fraction of the cost, please look at these threads:
http://immigrationvoice.org/forum/showthread.php?t=12566
http://immigrationvoice.org/forum/showthread.php?t=12441
Thanks!
Nice of you abhijitp, I amd northwest part of country won't be able to make it , But I am telling my friends in Tri-State and VA to attend that
sixburgh
04-12 11:08 PM
Hi
Only My wife has got a medical RFE.
It talks about going to original civil surgeon and getting a TB test again and a Xray.
Did you face a similar situation as ours?
If yes can you throw some light on how to proceed.
I cannot go to the same surgeon since I live very far now.
Also worried why they have generated this RFE when I had submitted everything properly!
Anyways any guidance provided is much appreciated.
Thanks
Only My wife has got a medical RFE.
It talks about going to original civil surgeon and getting a TB test again and a Xray.
Did you face a similar situation as ours?
If yes can you throw some light on how to proceed.
I cannot go to the same surgeon since I live very far now.
Also worried why they have generated this RFE when I had submitted everything properly!
Anyways any guidance provided is much appreciated.
Thanks
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salawrene
06-03 09:51 PM
I recived my I485 approval on May 30th after 10 years coming into this country.
I just want to mention my GC journey here, hopefully this will help atleast some of the members in making decisions in their process. Appiled for EB3 labor in jan 2004, even though i am qualified for EB2. Applied for I140 after the EB3 labor approval and received I140 approval. After realizing that the dates will never become current for EB3, my desi employer files for EB2 labor. Applied for I485 based on EB3 labor during the July Fiasco from the desi employer. After 180 days, took the permanent job with the client with base salary of almost 100% increase ( with bonus it might be around 150% ) and with manegerial duties. Mean while my EB2 labor from desi employer gets approved, so my desi employer files I140 for EB2 labor that gets approved with old priority date of Jan 2004 and I485 becomes current. Recevied RFE on my I485 for Employment Verification Letter. I took the EVL from both the current employer and the desi employer ( for future employment ) and written an affidavit saying that, i have the intent to join the desi employer once i recive my GC because he is such great employer, to keep the validity of I140 based on EB2 from desi employer. After one month of my RFE responce, i received my 485 Approval.
So You can always take promotions with more responsibilities using AC21, as long as you are in the same occupation, % of increase in salary doesn't matter. I have clearly mentioned my salary number in the EVL that shows huge difference.
My EVL clearly mentions that my current job duties includes more responsibilities and manegerial duties.
I read one big court case document involving 485 process by Rajesh khanna that the main important thing that USCIS looks for during 485 approval is inadmissability means no status issues. So as long as you are in the same occupation, you should be fine.
I had problems with my H1 and had to work around 150 days without H1B Approval after my I94 expiration, this was taken care of by 245K because of my travel to india with another H1.
I just want to mention my GC journey here, hopefully this will help atleast some of the members in making decisions in their process. Appiled for EB3 labor in jan 2004, even though i am qualified for EB2. Applied for I140 after the EB3 labor approval and received I140 approval. After realizing that the dates will never become current for EB3, my desi employer files for EB2 labor. Applied for I485 based on EB3 labor during the July Fiasco from the desi employer. After 180 days, took the permanent job with the client with base salary of almost 100% increase ( with bonus it might be around 150% ) and with manegerial duties. Mean while my EB2 labor from desi employer gets approved, so my desi employer files I140 for EB2 labor that gets approved with old priority date of Jan 2004 and I485 becomes current. Recevied RFE on my I485 for Employment Verification Letter. I took the EVL from both the current employer and the desi employer ( for future employment ) and written an affidavit saying that, i have the intent to join the desi employer once i recive my GC because he is such great employer, to keep the validity of I140 based on EB2 from desi employer. After one month of my RFE responce, i received my 485 Approval.
So You can always take promotions with more responsibilities using AC21, as long as you are in the same occupation, % of increase in salary doesn't matter. I have clearly mentioned my salary number in the EVL that shows huge difference.
My EVL clearly mentions that my current job duties includes more responsibilities and manegerial duties.
I read one big court case document involving 485 process by Rajesh khanna that the main important thing that USCIS looks for during 485 approval is inadmissability means no status issues. So as long as you are in the same occupation, you should be fine.
I had problems with my H1 and had to work around 150 days without H1B Approval after my I94 expiration, this was taken care of by 245K because of my travel to india with another H1.
more...
singhsa3
04-27 04:19 PM
Supporting Documents
One resource
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=7254000912&m=5401097161
Another one
http://www..com/discussion-forums/i765-1/72260699/
One more
http://www..com/discussion-forums/i765-1/71284153/
Another one
http://immigrationvoice.org/forum/showthread.php?t=16839
One resource
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=7254000912&m=5401097161
Another one
http://www..com/discussion-forums/i765-1/72260699/
One more
http://www..com/discussion-forums/i765-1/71284153/
Another one
http://immigrationvoice.org/forum/showthread.php?t=16839
andy garcia
09-17 02:50 PM
Why do people assume everyone here is from India?
Because 99.99% are.
Because 99.99% are.
more...
gc_chahiye
12-26 11:09 AM
So you mean I should not even think of invoking AC21 EVEN after 180 days ?
go ahead and invoke AC-21, you are not necessarily going to run into the problems that poster faced (in fact based on anecdotes on Forums the AC-21 related denials by USCIS have gone down a lot since 2005, probably because of the yates memo that came out then calrifying all this). Try to stay on H1 as long as possible though (you dont HAVE to use EAD to invoke AC-21 and change jobs).
At the end of the day a lot depends on your luck. Some people get unlucky and end up with all this nonsense, some people end up getting caught in namecheck... they are both thankfully a small percentage of the cases, so dont let your career choices be decided by what USCIS might do. Take precautions where possible (staying on H1 etc) but do what you think is right for your career and family. The whole point of this AC-21 clause was to provide flexibility to the employee, make use of it.
P.S: I am also planning to invoke AC-21 to switch jobs.
go ahead and invoke AC-21, you are not necessarily going to run into the problems that poster faced (in fact based on anecdotes on Forums the AC-21 related denials by USCIS have gone down a lot since 2005, probably because of the yates memo that came out then calrifying all this). Try to stay on H1 as long as possible though (you dont HAVE to use EAD to invoke AC-21 and change jobs).
At the end of the day a lot depends on your luck. Some people get unlucky and end up with all this nonsense, some people end up getting caught in namecheck... they are both thankfully a small percentage of the cases, so dont let your career choices be decided by what USCIS might do. Take precautions where possible (staying on H1 etc) but do what you think is right for your career and family. The whole point of this AC-21 clause was to provide flexibility to the employee, make use of it.
P.S: I am also planning to invoke AC-21 to switch jobs.
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kutra
03-20 09:00 AM
You still haven't shown me the text from any of the three bills that says Masters in STEM are exempt from the EB cap. After all, that's the only thing that will prove you or me wrong.
Regards,
Jayant
Jayant aka PD_Dec2002:
Can't believe you got suckered into this. "gceb1" is up to no good...spewing his frustration at you and lskreddy. He/she cannot justify his own posts to save his/her own butt.
I count you among the several "voices of reason and logic" in these forums since more-often-than-not you will do the research and provide appropriate links. So just ignore this "gceb1" idiot, and continue what you do. Ideally, everyone should ignore this "gceb1" idiot. :)
Regards,
Jayant
Jayant aka PD_Dec2002:
Can't believe you got suckered into this. "gceb1" is up to no good...spewing his frustration at you and lskreddy. He/she cannot justify his own posts to save his/her own butt.
I count you among the several "voices of reason and logic" in these forums since more-often-than-not you will do the research and provide appropriate links. So just ignore this "gceb1" idiot, and continue what you do. Ideally, everyone should ignore this "gceb1" idiot. :)
more...
pd_recapturing
10-19 11:14 AM
If your both I-140 has been approved then your new PD needs not to be current for interfiling. But make sure that your to-be-used I-140, PD must have captured.
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browncow
04-14 02:20 PM
congrats. enjoy the freedom.
more...
samirpatel08
08-04 09:47 AM
How can I do it? I could not find an option to change it.
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Winner
06-19 02:44 PM
Guys and Gals,
I decided to go with my credit union and called them this morning to lock the rates. I just received some disclosures and rate lock agreement, when I was reading it, there was a section where it asks "Are you a U.S citizen?", loan office assumed that I'm a citizen and checked the box.
I understand that I should tell them the truth, but wondering if that may increase my interest rates. Please share your experience or advice you may have for me.
H1B - Valid till 2011
EAD - Expires on Sept 08 (will be renewing it soon).
I decided to go with my credit union and called them this morning to lock the rates. I just received some disclosures and rate lock agreement, when I was reading it, there was a section where it asks "Are you a U.S citizen?", loan office assumed that I'm a citizen and checked the box.
I understand that I should tell them the truth, but wondering if that may increase my interest rates. Please share your experience or advice you may have for me.
H1B - Valid till 2011
EAD - Expires on Sept 08 (will be renewing it soon).
more...
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nrk
07-10 07:59 AM
usually either it is on 10th or on the friday.
Monday
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caydee
03-07 10:42 AM
My son and you are in the same boat. He came here 9 years ago went to middle/high school here. Now, he is in college and will turn 21. He will not get his greencard because he is here on H4 legally.
Isn't that a shame?
andy
Q1: Is H4 only valid for children under 21. What happens to children who have been here for long on H4 status and turn 21?
Q2: If the answer to the first part of Q1 is YES, will the approved I140 (that included the dependent H4) be valid?
Isn't that a shame?
andy
Q1: Is H4 only valid for children under 21. What happens to children who have been here for long on H4 status and turn 21?
Q2: If the answer to the first part of Q1 is YES, will the approved I140 (that included the dependent H4) be valid?
more...
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pointlesswait
03-21 08:06 AM
How many paystubs do you need to file for H1-extension.
In biweekly pays..can i send in 3-4 stubs....that is 2 months ..but i had taken a few days off (LOP)..hence they are not for full 80 hrs.. only the last months stubs are fro full 80 hrs.
will that be enough or do i need all 4-stubs to be 80 hrs????
In biweekly pays..can i send in 3-4 stubs....that is 2 months ..but i had taken a few days off (LOP)..hence they are not for full 80 hrs.. only the last months stubs are fro full 80 hrs.
will that be enough or do i need all 4-stubs to be 80 hrs????
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kc_p21
04-22 10:41 PM
Do you know any example of I-485 got rejected after using AC21?
My lawyer says they haven't seen any case like this before. I want to make sure before I change jobs.
Thanks,
My lawyer says they haven't seen any case like this before. I want to make sure before I change jobs.
Thanks,
more...
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amitkhare77
10-01 09:03 PM
I am taking qatar airways for my next INDIA trip :) give me green :D (just kidding)
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qualified_trash
10-06 08:47 PM
From Murthy.com
" AC21 portability is generally available to an individual who is the beneficiary of an approved I-140 and whose I-485 has been pending at least 180 days. The benefits of AC21 portability are available to any otherwise qualified individual, even if there is not an available visa number for his/her case."
if the PD becomes current and someone files the 485 and then retrogresses, they are the ones that can use this
"As long as the person had previously filed the I-485 when the priority dates were current and that I-485 remains pending, one does not need to have a current priority date in order to change jobs under AC21"
from the link http://www.murthy.com/news/n_porret.html
" AC21 portability is generally available to an individual who is the beneficiary of an approved I-140 and whose I-485 has been pending at least 180 days. The benefits of AC21 portability are available to any otherwise qualified individual, even if there is not an available visa number for his/her case."
if the PD becomes current and someone files the 485 and then retrogresses, they are the ones that can use this
"As long as the person had previously filed the I-485 when the priority dates were current and that I-485 remains pending, one does not need to have a current priority date in order to change jobs under AC21"
from the link http://www.murthy.com/news/n_porret.html
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lsuk
07-15 02:30 PM
We should put end to Lou's lies. Let's be creative. We thought of the flower campaign, we all have higher degrees. There should be a way how to stop this guy. I think we are the only ones who can do it.
By the way, Lou's ancestors came to USA also legally like us. What is the difference then? Really the only people who have the right to criticize the legal immigration to USA are the native Americans. I know that this argument would never success with the general public here but I believe it's true.
By the way, Lou's ancestors came to USA also legally like us. What is the difference then? Really the only people who have the right to criticize the legal immigration to USA are the native Americans. I know that this argument would never success with the general public here but I believe it's true.
gaz
03-16 02:16 PM
He's not my lawyer. I just hear of him out here in the various posts.
As for the things you ask below - why should he do any of the things you ask for - its none of his business. Or actually, its none of our business to tell him how to conduct his business.
Don't want to get into a mudslinging fest here - just wanted to point out that sometimes posts like the original one are useful.
You can do hero worship of your lawyer whoever it is. I will not.
Ask him/her if he will do advocacy effort for you or sue USCIS since all his clients are struggling in the long wait and spending a lot of money on immigration consultations, fees etc.
Ask him if he contribute to IV instead?
Ask him to give you priority instead of your employer who gives him business every year.
As for the things you ask below - why should he do any of the things you ask for - its none of his business. Or actually, its none of our business to tell him how to conduct his business.
Don't want to get into a mudslinging fest here - just wanted to point out that sometimes posts like the original one are useful.
You can do hero worship of your lawyer whoever it is. I will not.
Ask him/her if he will do advocacy effort for you or sue USCIS since all his clients are struggling in the long wait and spending a lot of money on immigration consultations, fees etc.
Ask him if he contribute to IV instead?
Ask him to give you priority instead of your employer who gives him business every year.
amsgc
08-05 01:42 PM
Congrats!
You are better off finding someone here, unless ofcourse you have plans to marry someone you already know :)
By the way, what is your PD, RD, ND Service Center, etc.?
Got the status update email from USCIS stating a card has been issued for my 485 application.
I am not married yet. What are the implications if I get married to a citizen of india residing in India.
Kindly refer me to appropriate material if you know of any.
Thanks,
Akshay
You are better off finding someone here, unless ofcourse you have plans to marry someone you already know :)
By the way, what is your PD, RD, ND Service Center, etc.?
Got the status update email from USCIS stating a card has been issued for my 485 application.
I am not married yet. What are the implications if I get married to a citizen of india residing in India.
Kindly refer me to appropriate material if you know of any.
Thanks,
Akshay