masterji
08-09 05:43 PM
Thank you prabasiodia.
So, the people who filed 485 let's say during July 2007, MAY change jobs when they start receiving GCs during 2010? Is this correct?
I think these memos might have been dissected a thousand times, but here they are:
Continuing validity of I-140: http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
AC21 guidelines: http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf
It's clear that the stress is on "intent". If at the filing of I-485, both the employer and the employee had the intent, it's fine. The only restriction is, one may not be looking for "same or similar" job at the time of I-485 adjudication. Why this restriction is even there is beyond me. It doesn't clearly state how much time after the adjudication, you should not be looking.
Of course, the lawyers seem to be on the cautious side. Read the last sentence under intent in the following site (AC21: Changing employer while waiting for pending adjustment of status (http://www..com/greencard/adjustmentofstatus/changing-employer.html) ). It says that ...theoretically, USCIS might be able to revisit the adjudication of I-485 and initiate revocation processing.
This inference is without any attribution.
Then again, I couldn't find a single case where the I-485 was revoked because of suspected fraud in "Intent". We do need clarification from USCIS on this.
So, the people who filed 485 let's say during July 2007, MAY change jobs when they start receiving GCs during 2010? Is this correct?
I think these memos might have been dissected a thousand times, but here they are:
Continuing validity of I-140: http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
AC21 guidelines: http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf
It's clear that the stress is on "intent". If at the filing of I-485, both the employer and the employee had the intent, it's fine. The only restriction is, one may not be looking for "same or similar" job at the time of I-485 adjudication. Why this restriction is even there is beyond me. It doesn't clearly state how much time after the adjudication, you should not be looking.
Of course, the lawyers seem to be on the cautious side. Read the last sentence under intent in the following site (AC21: Changing employer while waiting for pending adjustment of status (http://www..com/greencard/adjustmentofstatus/changing-employer.html) ). It says that ...theoretically, USCIS might be able to revisit the adjudication of I-485 and initiate revocation processing.
This inference is without any attribution.
Then again, I couldn't find a single case where the I-485 was revoked because of suspected fraud in "Intent". We do need clarification from USCIS on this.
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saibalagi
08-22 12:49 PM
08/22/2007: October 2007 EB Visa Bulletin Prediction of AILA
Based on the discussion with Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting, DOS, the AILA has just released the following predictions:
EB-1 (All Countries): Closely match to September 2007 VB
EB-2 (All Countries): Closely match to September 2007 VB
EB-3 (All Countries): Similar to January 2007 VB
EB-3EW (All Countries): 10/01/2001
EB-4: N/A
EB-5: C
Please stay tuned.
Based on the discussion with Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting, DOS, the AILA has just released the following predictions:
EB-1 (All Countries): Closely match to September 2007 VB
EB-2 (All Countries): Closely match to September 2007 VB
EB-3 (All Countries): Similar to January 2007 VB
EB-3EW (All Countries): 10/01/2001
EB-4: N/A
EB-5: C
Please stay tuned.
ronhira
07-08 06:13 PM
That might be customary in your Mexico. :D
i figured u won't have a clue that this is a quote form the founding father of The United States of America - Ben Franklin.
hey.... how would you know?
i figured u won't have a clue that this is a quote form the founding father of The United States of America - Ben Franklin.
hey.... how would you know?
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jsb
01-05 03:00 PM
So jsb if congressman and Ombudsman doesnt work either is there anything which will work ? Can one actually go physically to the Service Center and ask to speak to the PRO (Public relations officer) or something ?
I have heard on this forum someone doing that, i.e. flying to Texas and asking to meet those who matter. Initially they did not entertain him, but eventually he succeeded. It costs nothing trying via the Ombudsman route, may be a bit if a hassle via the Congressman route. You should try both. Mention your situation, clearly bringing out the anomally. Ask if you are cleared on all fronts and your PD is current what is holding up. It might work....Best of luck.
I have heard on this forum someone doing that, i.e. flying to Texas and asking to meet those who matter. Initially they did not entertain him, but eventually he succeeded. It costs nothing trying via the Ombudsman route, may be a bit if a hassle via the Congressman route. You should try both. Mention your situation, clearly bringing out the anomally. Ask if you are cleared on all fronts and your PD is current what is holding up. It might work....Best of luck.
more...
franklin
04-14 01:42 PM
I bet a lot of people are praying very very hard for their greencards.
I would like to request them to invest in concrete steps. Give monetary support to IV. Form, or join, a local state chapter. Go meet a lawmaker or his staff. Call them up and talk to their staff. Pray only if you have done all or some of the above. As they say, God helps those who help themselves. Keep up your end of the bargain, and then ask God (of the Holy Flying Spaghetti Monster, or whatever) for help.
Hear Hear
Stop expecting someone else to get your results done! Pay - Join your state chapter - Volunteer! Stop whining about nothing happening and contribute in a tangible way to get something done!
I was at one of my congresswoman's office yesterday. She gave us lots of advice on how to promote our message.
I would like to request them to invest in concrete steps. Give monetary support to IV. Form, or join, a local state chapter. Go meet a lawmaker or his staff. Call them up and talk to their staff. Pray only if you have done all or some of the above. As they say, God helps those who help themselves. Keep up your end of the bargain, and then ask God (of the Holy Flying Spaghetti Monster, or whatever) for help.
Hear Hear
Stop expecting someone else to get your results done! Pay - Join your state chapter - Volunteer! Stop whining about nothing happening and contribute in a tangible way to get something done!
I was at one of my congresswoman's office yesterday. She gave us lots of advice on how to promote our message.
JunRN
06-06 10:37 AM
Going back to the supplemental AC21 memo:
Imagine an IO who has a very bad mood for the day. Then he receives an AC21 letter for the case he is processing and saw that the i-140 of the person is not yet approved.
And he thought: "Oh....I would raise an RFE for this and see if the previous employer still respond to it".
Do you think this is a plausible scenario?
Imagine an IO who has a very bad mood for the day. Then he receives an AC21 letter for the case he is processing and saw that the i-140 of the person is not yet approved.
And he thought: "Oh....I would raise an RFE for this and see if the previous employer still respond to it".
Do you think this is a plausible scenario?
more...
Almond
07-17 11:11 AM
Man, I-485 for Texas went back more than a month. It's so bad, they might as well not have published it, one would have slept better at night.
How do they come up with these dates? Weren't they supposed to process I-485 applications in the order they received them?
And how come the California Service Center has been doing so well this past few months, while all the other centers have been stationary or going back. CSC is at January 2007 now, fer cryin' out loud!
:mad:
Yeah, the Nebraska one is on the same date as last month, I guess I should count my blessings. God, what are they doing over there!? Maybe it's because it's summer time and people are going on vacation-less people, less work getting done.
How do they come up with these dates? Weren't they supposed to process I-485 applications in the order they received them?
And how come the California Service Center has been doing so well this past few months, while all the other centers have been stationary or going back. CSC is at January 2007 now, fer cryin' out loud!
:mad:
Yeah, the Nebraska one is on the same date as last month, I guess I should count my blessings. God, what are they doing over there!? Maybe it's because it's summer time and people are going on vacation-less people, less work getting done.
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qplearn
12-12 01:41 PM
I think that the DOS (Dept of State) releases VISA Numbers on a quarterly basis. If that is the case, there should be movement in EB2 India in Jan 2007.
QT:
You mean Feb of 07, right?
QT:
You mean Feb of 07, right?
more...
rajnag21
09-09 11:11 AM
Hi,
I am one of the concurrent filing applicants. I filed my 140 and 485 on July 2. Can you give me a link for this memo ? Also if I invoke ac 21 do i need to file the g28 on 485 ? and what is g28 exactly for ?
I am one of the concurrent filing applicants. I filed my 140 and 485 on July 2. Can you give me a link for this memo ? Also if I invoke ac 21 do i need to file the g28 on 485 ? and what is g28 exactly for ?
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RandyK
02-20 04:43 PM
Can anybody estimate out of the 47000 identified cases that is affected by Name Check...
How many are real old PD's like
Prior to 2003
Between 2003 and 2005
Between 2005 and 2007
India / China / Mexico / ROW
How many are real old PD's like
Prior to 2003
Between 2003 and 2005
Between 2005 and 2007
India / China / Mexico / ROW
more...
fromnaija
08-31 03:51 PM
Thank you! The reporter interviewed me for this story and I didn't even know it was published.
ABC News:
http://www.abcnews.go.com/Business/story?id=3526093&page=1
ABC News:
http://www.abcnews.go.com/Business/story?id=3526093&page=1
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maximus777
07-13 04:19 PM
Definite. My journey was worth it, even considering all the diffiulties. In India, I had a flourshing practice and when I was planning to go to US, my friends will call be a "fool".
However, looking back, I think I made a wise decision. I have a very good academic job, for which I am proud of. My wife has a very respectable job, which she could not have done there. My kids are much more independent and mature and have more opportunities in terms of education, jobs, travel etc. My health is far better here (I was allergic to dust and had athma). I have more time to enjoy sports and travel. Most of my immediate family is in US.
In nutshell, YES, I did the right thing.
Excellent!! Congrats and glad that it all worked out for you.
However, looking back, I think I made a wise decision. I have a very good academic job, for which I am proud of. My wife has a very respectable job, which she could not have done there. My kids are much more independent and mature and have more opportunities in terms of education, jobs, travel etc. My health is far better here (I was allergic to dust and had athma). I have more time to enjoy sports and travel. Most of my immediate family is in US.
In nutshell, YES, I did the right thing.
Excellent!! Congrats and glad that it all worked out for you.
more...
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letstalklc
11-25 03:03 PM
Great job Pappu and other senior members who worked on this.
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milestogo
07-22 04:27 PM
-What is the minimum period that one need to work with the employer who has sponsered the GC after receiving the GC?
-Can the leave of absence be counted in this period?
-If you leave immediately (with a month) after GC, can the employer fill for revoking or mistrust for I485?
-Can the leave of absence be counted in this period?
-If you leave immediately (with a month) after GC, can the employer fill for revoking or mistrust for I485?
more...
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hemya
08-11 04:10 PM
I am currently on H1B visa and I want to switch the company. New company is not willing to do H1B transfer and want me to work on EAD. I have pending I485 EB3 ROW with priority date of March 2006. Its been more than 180 days that I filed for I485 so I can use AC21 with EAD.
But my question is how risky will it be if I switch job at this stage with EAD?
Thanks in advance,
BK
advisable to use AC21 only if I-140 is approved
But my question is how risky will it be if I switch job at this stage with EAD?
Thanks in advance,
BK
advisable to use AC21 only if I-140 is approved
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paskal
07-13 11:17 PM
please check your pm
thanks!
thanks!
more...
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webm
06-05 02:09 PM
I am not tracking approvals rate as such. But if, CIS hasn't used as many numbers have DOS reported, then as Ron suggested, dates will move forward for EB3 Ind.
Forward movement sounds good..but even with PD current(May,June VB's) folks are just sitting and waiting..just like me..:(
Forward movement sounds good..but even with PD current(May,June VB's) folks are just sitting and waiting..just like me..:(
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alwayson
11-04 12:15 PM
EB2 India - 15-FEB-05
EB3 India - Same
EB3 India - Same
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Mr. Brown
11-30 12:29 PM
BIG Thanks for the report!
I wonder how the following calculator results would change (if they'd change i.e.):
http://immigrationvoice.org/tracker/waitimesUSCIS1.php
http://immigrationvoice.org/tracker/waitimesUSCIS2.php
Immigrationvoice team has been working on the publicly available USCIS data since its release on USCIS website and we have been discussing this data with top USCIS officials to clear doubts.
Immigration Voice is releasing the analysis of the information for the community. You can view the report at
http://immigrationvoice.org/index.php?option=com_content&task=view&id=97&Itemid=36
We are putting together a list of recommendations about this data for our next meeting with USCIS. If you have suggestions, do post on the thread. We would also be updating this report on regular basis as the data is updated on USCIS site and numbers change due to approvals/pre-adjudications/field office data/ CP and spillovers. The visa bulletin movement will also be compared against the report and checked with USCIS and DOS.
Team IV
Note: Please read the entire document rather than just basing your judgment on the graph and the visa bulletin charts. There are several caveats and limitations of this data.
We feel this is a one step ahead of the IV prediction tool published by IV in the past. We will continue to refine the analysis as we receive information from DOS and USCIS through our advocacy efforts.
I wonder how the following calculator results would change (if they'd change i.e.):
http://immigrationvoice.org/tracker/waitimesUSCIS1.php
http://immigrationvoice.org/tracker/waitimesUSCIS2.php
Immigrationvoice team has been working on the publicly available USCIS data since its release on USCIS website and we have been discussing this data with top USCIS officials to clear doubts.
Immigration Voice is releasing the analysis of the information for the community. You can view the report at
http://immigrationvoice.org/index.php?option=com_content&task=view&id=97&Itemid=36
We are putting together a list of recommendations about this data for our next meeting with USCIS. If you have suggestions, do post on the thread. We would also be updating this report on regular basis as the data is updated on USCIS site and numbers change due to approvals/pre-adjudications/field office data/ CP and spillovers. The visa bulletin movement will also be compared against the report and checked with USCIS and DOS.
Team IV
Note: Please read the entire document rather than just basing your judgment on the graph and the visa bulletin charts. There are several caveats and limitations of this data.
We feel this is a one step ahead of the IV prediction tool published by IV in the past. We will continue to refine the analysis as we receive information from DOS and USCIS through our advocacy efforts.
nixstor
12-14 04:42 PM
Hey brother,
I am not trying to question your intent just trying to get some knowledge of facts. However your reasoning suggests that there are numbers available to overflow from EB2 World to EB2 India. What if there are just enough numbers to keep EB2 World rolling. I will be interesting in learning more about how these allocations work. Thanks in advance for any information you can provide.
If you are really interested in learning more how these allocations work, You might want to talk to 2 depts in Bureau of Consular Affairs.
1) OFFICE OF FIELD SUPPORT LIAISON (CA/VO/F)
2) OFFICE OF INFORMATION MANAGEMENT AND LIAISON (CA/VO/I)
Their numbers as per foia
http://foia.state.gov/Phonebook/OrgDirectory/OrgDir.asp?ID=27
Try your luck and enlighten all of us. Tell them that the VB is more exciting than the BCS rankings.
I am not trying to question your intent just trying to get some knowledge of facts. However your reasoning suggests that there are numbers available to overflow from EB2 World to EB2 India. What if there are just enough numbers to keep EB2 World rolling. I will be interesting in learning more about how these allocations work. Thanks in advance for any information you can provide.
If you are really interested in learning more how these allocations work, You might want to talk to 2 depts in Bureau of Consular Affairs.
1) OFFICE OF FIELD SUPPORT LIAISON (CA/VO/F)
2) OFFICE OF INFORMATION MANAGEMENT AND LIAISON (CA/VO/I)
Their numbers as per foia
http://foia.state.gov/Phonebook/OrgDirectory/OrgDir.asp?ID=27
Try your luck and enlighten all of us. Tell them that the VB is more exciting than the BCS rankings.
ragz4u
04-01 11:46 AM
Everyone,
We have received information that the Comprehensive Immigration Bill will be voted soon and the bill will be closed for amendments on Wednesday. That leaves only 2 working days to get something done
The text for the bill was only released in the evening on March 28th
As you have seen from the document released by IV that H2A workers will now be able to get citizenship in 11 years and self petition themselves. But legal skilled workers
1) will not be able to self petition
2) the wait to citizenship as it stands today is definitely more than 11 years
3) and all the left-over visas from EB1, EB2 and EB3 will now go to EB5 category
We really need to make sure that everyone is aware of the unfair treatment meted out to legal skilled immigrants and will be doing the following
1) We will be putting up webfaxes to send to senators asking for similar treatment to legal skilled immigrants too. They should be up by 5.00 PM EST. Make sure you login and send a webfax ASAP.
How can I send the fax?
a) Login,
b) click on the 'Home' link on the top of the page,
c) then click on the 'WebFax' link on the left hand side menu options,
d) enter your information,
e) Select webfax # 10 and #11 and your state
f) Send the fax
2) We need to contact each and every company like Microsoft/Intel (and any other to which IV members belong) that depends on skilled immigrants for their functioning. We need to make sure that their HR and CEO know about this.
a) If you are not comfortable with speaking about this to your HR/CEO (and we don't see any reason why), please send us the email id of the right person in HR and your CEO. We will not put your name anywhere but send a polite email to them on behalf of Immigration Voice. We will NOT spam them (just a single email) and will not name any person in the email. Remember that this is just to get their attention so that they can do the right thing.
Email shrey@immigrationvoice.org or nagaraj@immigrationvoice.org with the subject - Contacts for <Company Name>
b) On the other hand if you are comfortable speaking about this directly to your HR/CEO that carries a lot more weightage. Contact us and we will give you all the material you need to talk to your company decision makers. In that case, email shrey@immigrationvoice.org or nagaraj@immigrationvoice.org with the subject - Willing to speak to folks from <Company Name>
A list of companies where there are already IV members willing to speak to their employers is in the second post (summary post). Send us an email and we will put the folks in the same company in touch with each other so that they can approach their HR/CEO collectively
3) We need to contact each and every media person that we know of so that they also realize the urgency of the situation. If you have any leads for any media contact, please send an email to rajesh@immigrationvoice.org or sunil@immigrationvoice.org with the subject Media contact for <media Name>
4) Last time we sent about 385 faxes. This time 385 will not cut it. We need atleast a couple thousand faxes to get our job done. We need every member of IV + spouse and much more to achieve the kind of deluge we intend. Get atleast 5 new members to IV. I am sure most of us can call up atleast 5 more friends who might not know of IV but will be affected by the above. This may, for all practical reasons, be the final push from IV and we need as much support from everyone as possible.
5) If you have any other idea to get our information out to everyone, email shrey@immigrationvoice.org or jay@immigrationvoice.org or nagaraj@immigrationvoice.org with the subject line Other Ideas
Also a quick note, please do not expect a reply from IV core members to your emails unless you are speaking to your firm's folks and need some info from IV. We are really busy in getting everything going. Thanks for understanding.
Please spread the word.
We have received information that the Comprehensive Immigration Bill will be voted soon and the bill will be closed for amendments on Wednesday. That leaves only 2 working days to get something done
The text for the bill was only released in the evening on March 28th
As you have seen from the document released by IV that H2A workers will now be able to get citizenship in 11 years and self petition themselves. But legal skilled workers
1) will not be able to self petition
2) the wait to citizenship as it stands today is definitely more than 11 years
3) and all the left-over visas from EB1, EB2 and EB3 will now go to EB5 category
We really need to make sure that everyone is aware of the unfair treatment meted out to legal skilled immigrants and will be doing the following
1) We will be putting up webfaxes to send to senators asking for similar treatment to legal skilled immigrants too. They should be up by 5.00 PM EST. Make sure you login and send a webfax ASAP.
How can I send the fax?
a) Login,
b) click on the 'Home' link on the top of the page,
c) then click on the 'WebFax' link on the left hand side menu options,
d) enter your information,
e) Select webfax # 10 and #11 and your state
f) Send the fax
2) We need to contact each and every company like Microsoft/Intel (and any other to which IV members belong) that depends on skilled immigrants for their functioning. We need to make sure that their HR and CEO know about this.
a) If you are not comfortable with speaking about this to your HR/CEO (and we don't see any reason why), please send us the email id of the right person in HR and your CEO. We will not put your name anywhere but send a polite email to them on behalf of Immigration Voice. We will NOT spam them (just a single email) and will not name any person in the email. Remember that this is just to get their attention so that they can do the right thing.
Email shrey@immigrationvoice.org or nagaraj@immigrationvoice.org with the subject - Contacts for <Company Name>
b) On the other hand if you are comfortable speaking about this directly to your HR/CEO that carries a lot more weightage. Contact us and we will give you all the material you need to talk to your company decision makers. In that case, email shrey@immigrationvoice.org or nagaraj@immigrationvoice.org with the subject - Willing to speak to folks from <Company Name>
A list of companies where there are already IV members willing to speak to their employers is in the second post (summary post). Send us an email and we will put the folks in the same company in touch with each other so that they can approach their HR/CEO collectively
3) We need to contact each and every media person that we know of so that they also realize the urgency of the situation. If you have any leads for any media contact, please send an email to rajesh@immigrationvoice.org or sunil@immigrationvoice.org with the subject Media contact for <media Name>
4) Last time we sent about 385 faxes. This time 385 will not cut it. We need atleast a couple thousand faxes to get our job done. We need every member of IV + spouse and much more to achieve the kind of deluge we intend. Get atleast 5 new members to IV. I am sure most of us can call up atleast 5 more friends who might not know of IV but will be affected by the above. This may, for all practical reasons, be the final push from IV and we need as much support from everyone as possible.
5) If you have any other idea to get our information out to everyone, email shrey@immigrationvoice.org or jay@immigrationvoice.org or nagaraj@immigrationvoice.org with the subject line Other Ideas
Also a quick note, please do not expect a reply from IV core members to your emails unless you are speaking to your firm's folks and need some info from IV. We are really busy in getting everything going. Thanks for understanding.
Please spread the word.