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  • mammoy2k
    09-09 07:04 AM
    I140 should be approved or approvable at the time of filing. Yates memo is very clear on that- I-140 approval is not required in concurrent filing. Also there is no salary requirements on invoking AC 21. Again, please read Yates Memo.


    Requirements to change employer when GC is pending:
    - I-140 should be approved
    - More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
    - Approved EAD

    Significance of 180 days barrier
    If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.

    After 180 days, you cannot change jobs, you can only change employers
    When you invoke AC-21, you have o fulfill two conditions:
    1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
    2.) You salary should be almost the same as the wages mentioned in GC labor certification application

    This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.

    It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.

    USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.

    Hope this is useful.





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  • venky08
    11-26 04:29 PM
    this is a one-sided view of someone hell-bent over renting is better than buying.
    not all the things make sense for all areas of US. In texas you can buy 2000+ sq.ft area house for around 200k.

    and if you take 15 yrs mortgage, you will not pay more money towrads your interest.

    people on internet have their own agenda. dont fall for this one unless the guy is Warren Buffett or the likes of him...

    If you're talking about rent vs buy, everything you've said or will say has already been discussed here:

    http://www.getrichslowly.org/blog/2007/07/16/renting-vs-buying-the-realities-of-home-buying/





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  • pady
    08-20 09:07 PM
    I agree that labor belongs to the company, but I paid all the fee for the same. They can always use that, but they are not supposed to screw up me In this case, they didn't talk to me and told me that my 485 was applied, which turned out to be a lie.





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  • sanju
    07-26 12:17 PM
    I know before you start blaming me for this thread, as it is of no use, I would like to point out that most of you must be experiencing the same thing. I didn't care much for Visa bulletin until it became current for EB2 two weeks back. As the time progress, I am doing all sorts of things, like checking USCIS case status, and checking everything that can possibly give me some information. I know that it is waste of time, I know it is not good for health, I know that I will get GC when time comes, but still, my mind is tricking me to think about it. I checked all these forums until 2A.M last night. I am not having enough sleep. I am waiting for a opportunity to get rid of my desi employer. I am really getting frustrated (I am not saying that I have been waiting for GC approval desperately). I just want to share my frustration and what I have been going through. I know I am in a better position than most of other people whose priority date is not even current. I wish they never dangled a carrot in front of me. I am not sure if they disappoint me next month, but I am still keeping my hopes. Hopefully, I would get over this and have enough sleep from today.

    Totally understand your situation. Good that you let out and share your frustration. Sometimes it is therapeutic just to let it out and then go back to normal sleep cycles. As Dalai Lama (with no offense to our Chinese friends on the forum) recently said - Proper Sleep and drinking proper amount of water daily is fundamental aspect for living long and healthy life. Thanks to alergro for pointing out that there is more to cherish and be happy for, and that applies to all of us. Although this issue does affect our lives and every few days we get out of our normal daily routine and think more about future plans, then all of a sudden we see GC roadblock stopping our every plan/progress, and we tend to become extra worried about it, go out searching for all the knowledge available to answer our questions, and in the process become worried and spend a few sleepless nights. It seems that this may be happening in your situation too, just a guess. If the answer is yes, then you have come to the right place and there are many more in the similar situation here. They may not admit this, they may be rude or nasty to you taking offense from the words you chose to post/reply on this forum, or sometimes you take an offense from what they have to say to you, but we are all in the same boat under similar circumstances. If nothing else, atleast that's the consolation you can take from this thread.



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  • gc4me
    10-30 01:20 PM
    PD: EB3 ROW, Apr 2004, Current now
    I-140 :Approved on Mar 2006
    Invoked AC21 on September and sent all necessary docs. No LUDs then.
    I think ex-employer have revoked I-140 already but not sure (He threaten me in 2007 that he will do so in I invoke AC21).

    Now check this out:
    Soft LUD on I-140 on 10/15/2008.
    Soft LUD on I-485 on 10/24/2008.
    Soft LUD on my spouse's I-485 on 10/27/2008.
    Soft LUD on I-485 on 10/29/2008.
    Soft LUD on I-140 on 10/30/2008.
    Soft LUD on I-485 on 10/30/2008.

    I am clueless! Somebody please help me! :confused:





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  • Saburi
    02-12 04:56 PM
    As you said I 485 filed + 180 days. So you are out of danger.

    1. You can check if your I 140 was revoked using your LIN number for I 140 if you have one
    2. To safely use AC21, find out your job title, job description and salary mentioned while filing your I 485
    3. Your I 140 should be approved
    4. then you can use AC21 with H1B transfer or with your EAD. I would advice to use AC21
    5. your sponsoring H1B employer should mention the same job title and job duties as it is mentioned in EVL (employment letter) while filing your 485
    6. If you have hired an attorney he would then send a AC21 letter(just a formal letter) with your new offer letter, with your 485 receipt number and 140 number (if you have).

    That should take care about your AC21.

    Good luck.

    Thanks a lot bro

    LIN # is that the Reciept Number for I 140 if yes then the online status on that says "Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER

    Current Status: Approval notice sent.

    On July 26, 2006, we mailed you a notice that we have approved this I140 IMMIGRANT PETITION FOR ALIEN WORKER. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
    "

    but this got a soft LUD on 12/30/2007 but the message is the same as it was ever.

    which is also a Answer to your Question 3.

    But the only thing is my lawyer did not file any job offer letter while appling for my I 485 as i did not had any as i did mentioned we had a disagreement and the employer is not willing to give me any letter.

    but my current employer is a best person to work with and he is ready to help me at any extend he will not mind doing anything which will help me getting my green card.

    Please advice if this could be an issue not having the employer letter while filling the I 485.

    Thanks



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  • logiclife
    02-21 11:10 AM
    I recant my earlier outburst at mercies since I realize that he was acting as a messenger to the problem. Sorry for the offense mercies.

    There are many people who would just run away from effort when doubts are raised and since people of afraid of being punished for just advocating a public policy or writing a letter to congress in the first place. I would request you to not reproduce posts here or on portal that would echo the material the plants fear and doubts among members. When the core group is spending 2-3 hours a day on top of their fulltime job plus the weekends, plus out of pocket expenses on travel to DC, its disheartening when a post on forum scares away sceptical members.

    I have already edited my earlier post.





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  • new_horizon
    06-18 12:33 AM
    I fully support this!!!



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  • bobzibub
    11-22 01:18 AM
    ....
    The question I was asked by the Congressional staff repeatedly was - 'If so many thousands are impacted, why are we seeing just 4-5 coming to DC asking for help? Why aren't we hearing about from our constituents? Why is it always 'the outsiders' approaching us? Why aren't they visiting us? Why aren't they writing letters to us?'. So many questions with no answers!
    ...

    -Many in the immigrant community come from countries where corruption is endemic.

    -USCIS controls our economic freedom, movement, where we work and reside, and if we "rock the boat" our file might be "deep-sixed" and we would have no recourse. Who knows, a petty officer could browse a news group, read this and sick Home land security goons me. I would never know why. We don't all have the resources to hire powerful lawyers and fight for a couple years. Did they take 120 days to renew my EAD because I visited my congressional representative's staff? Maybe.

    -"Transparent" and "accountable" are words not often used to describe USCIS and her parent Homeland Security. But they do have complete authority over our lives. Kafka could write a book! (Oh, he did.)

    -Many Americans are now afraid to join political protests for fear of being arrested and hence losing their job, etc. Why should immigrants be more politically active than Americans? They are publicly targeted by politicians as causing all the problems in the land (Tancredo for example) with out any serious rebuke. In my country Tancredo saying things he's said would have been considered a hate crime.

    -There are many Americans (even level headed ones) that do not believe that immigrants have any right to push for change in US policy. Regardless of whether it is change for the better, and there is no other constituency to demand improvements. The argument goes that regardless of the request, if you don't like it you should go home. (Of course the answer is to flip it and say: should Americans be treated poorly when living in my country? Sheepish looks ensue...)

    -Depending upon your level of risk aversion, it is often rational for the immigrant (who's stay is tenuous) to stay home and be "good" which means pliant.

    In summary, the US scares the freak'n crap out of a lot of people. And so they "behave" as best they can. This should not be a revelation to the staffers.

    I don't agree that we should be pliant. We should be in their face because they deserve it.

    As for me, I've come to the point that I think being kicked out of the US would be like getting fired from a crappy job I didn't have the guts to quit. :D





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  • sam_hoosier
    07-03 10:13 AM
    Atty fees were paid by my employer; my out of pocket was approx. $ 500. However, the intangible cost (disappointment, having parents stand in a queue to get BC etc.) is far greater :(



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  • GCStatus
    09-16 08:20 PM
    Is this a coincidence? Exactly after a month, I had my Green Card in hand. :D

    Its called as Maya, In Vedas they say you chant what you want 24/7, you will get it coz your mind and subconscious mind is occupied in it.

    Sages chant the Supreme, you chanted Green Card ;-)





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  • jonty_11
    07-02 03:23 PM
    Total 1000 for Medical - self
    UUSees and Attorney Fees - EMployer



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  • GCapplicant
    07-02 03:46 PM
    Medical-375+375+50
    Lawyer-1000
    Photos-80
    Fed ex-50
    USCIS fees-1850

    Mis:For birth certificates-Doctors office very busy we had to go three times.
    20

    Total:3800





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  • rrbraju
    12-14 08:28 PM
    Friends,

    If any one needs AC21 letter format do let me know. I can give you the format.

    Good luck.

    Kindly send me AC21 letter format



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  • gc_on_demand
    06-10 04:02 PM
    Completely baseless and irresponsible statement from Mr. Gotcher!!!

    He contradicts his own statements:

    "If these statements are true, then the end of the current mess is in sight.
    If the CIS really has wiped out its processing backlog, then when the "pre-adjudicated" cases are given visa numbers in the next fiscal year, cutoff dates should advance rapidly. At a minimum, we should see them return to February 2007 levels, if not closer."

    CONTRADICTS:

    " EB2 China and India: Outlook is "grim" and there may be further retrogressions until later in the fiscal year."

    On what basis he thinks that EB3 India will have PD in 2001 but EB2 India will further retrogress (currently it is stuck in 1999):

    "EB2 China and India: Outlook is "grim" and there may be further retrogressions until later in the fiscal year.
    EB3 India: November 1, 2001"

    AND THE MOST OUTRAGEOUS REMARK IS FOR CIR: Look at this:

    "Of course, all of this becomes academic if CIR is passed. In that case, all priority dates will become "current" overnight and remain that way for years."

    Yeah...right...this is same Mr. Gotcher who predicted that "if you do "consular processing" you will get your GC very soon as USCIS does not process cases"....Look what happened...

    First of all he mentioned that 500k app in 2007 and then USCIS used 280k in 07 and 08. so 220k remaining. Dont forget that they opened gate till 2006 where so many people who got their labor cleared from backlog centers in 2007 ( Sep , after july 2007 thing ) applied.
    So I would say out of 500k it didnot reduce 2 years but only 1 year ... so total left are 360k - 140k ( 2009 ) = 220k remaining. Now that they have pre adjucted 110k so 110k left. If they stop accepting new app for next 2 years then they can clear all mess in 2 years but law prevent them to do so...... so end of mess for ROW contries is near ( with improved USCIS process )... but for India out look is grim as law prevent india to get more than 3k if there is more demand from ROW and Eb4 and Eb5.


    also If CIR passes and they add recapture then it will make dates current becasue those visa go on oldest app first. ( God knows who is oldest here ) but given that india has lot more app pending in back those recapture can clean lots of indian backlog while new supply keep going to ROW countries.


    To me the bottom line is " VISA RECAPTURE " either law suit way or congress through.............. other than pack ur bag and head to wards home.... ( specially people like us who didnot file AOS and very tough to be on h1b after 6th year is over ) ..





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  • prioritydate
    08-06 01:08 PM
    Did anyone got LUD on their I-140? I have an LUD on my I-140 on 04/20/2008. Most of the people got their LUD on 07/13/2008.

    Can someone please confirm if they have an LUDs in April 2008?



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  • test101
    07-02 04:48 PM
    lawyer =2250
    medical exam =280
    mailing=60
    photes=7.99
    Birth cerificate =175
    visa screen =435



    total 3207.99





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  • kumarc123
    11-22 09:08 AM
    I have talked to IV leadership and they have agreed to hold a rally in March 1st Week, if sufficient numbers indicate willingness to participate.

    http://immigrationvoice.org/forum/showthread.php?p=303461

    So can we please stop blaming IV leaders and start showing them our support by indicating our support?

    No one is blaming IV core my friend, but we all need to unite and do something big. We cant just wait for our partner to do something.

    Yes, we should hold a rally in March in DC, and what we should do is, members who agreed to come and join us good enough,


    The ones who are lazy, can continue to be lazy , you all have seen the bulletin and EAD is not green card. You are welcome to take your lazy chances,


    I thought INDIANS were to stand together and fight a battle, this is a battle for the justice of immigrants in this country. I understand and I am versed with life in America, it is stressful. But think for a moment,will the green card make it better? If yes then join us.



    This time we will use a different approach.


    1. We will have banners on DESI stores
    2. We will collect money from IV members.
    3. We will contact the media for attention


    Lets do this,

    Good Luck





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  • SDdesi
    12-22 11:40 AM
    Last year, my daughter's PIO card was processed in 1 day! No questions asked. I must say I have had the best experience with CGI houston so far.

    I had also renewed by passport at SFO; and that too was processed in 2 weeks.

    Dont forget that sometimes we ask the nerdiest questions to the consulate folks over & over again, even after a good explanation. I cant blame them for their attitude if they are at the receiving end.....

    I think Meera Shankar needs to be fired. Its bloody 2010 and this is the kind of customer service the indian consulates provide - they dont pick up calls - it takes them a month to issue new passports - Always feel ashamed to be an indian any time I have to deal with these useless consulates.

    The Houston consulate does not even have their address properly listed on their website.

    This is what they have listed

    1990, Post Oak Boulevard,
    # 600, 3 Post Oak Central,
    Houston TX 77056

    So what is the correct address ?? Is it 1990 Post Oak Blvd or 3 Post Oak Central ?? Bunch of freaking idiots is what we have in all these US consulates.





    whitetiger0811
    01-07 05:47 PM
    Hi,

    I have a three year bachelor degree + MBA from India with 9 years of experience. My labor was filed requiring Masters degree + 3 year experience with no mention of bachelors degree. Last week, I received I-140 decline (I-140 filed under EB2) citing that my bachelors degree is only three years.

    My company is planning to file an MTR with appeal citing 1) My labor only required Masters degree with three years experience and that I have the Masters degree with three years 2) I have bachelors degree equivalent with 3 year bachelors degree and 2 year experience equated to 1 year education equating to US 4 year bachelors degree.

    Do you think my appeal would have a chance of success? Please let me know your opinion. I have to file an appeal in next few days. Thanks for your help.
    hello,

    my qualification is 10 + 12 + 3 BSc Physics + 3 MCA. My LC clearly states that a Master's is required.

    does this qualify for a US Master's? please note the fields are different.

    My i-140 has been denied and waiting for notice...mostly it education and i filed under EB2 in TSC...

    any input guys?????





    sanbaj
    02-29 11:26 AM
    Mailed the letter to White House and IV today.



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