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  • 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    Then again, I couldn't find a single case where the I-485 was revoked because of suspected fraud in "Intent".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.





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  • JunRN
    12-21 11:09 AM
    You did not read it carefully. The person actually NOTIFIED the USCIS about AC21. However, USCIS failed to record it.

    "xxxx....The particular case has been issued a NOIR on the basis that the employer revoked the I-140 petition and there was no information on record indicating a qualifying position under AC21. In fact, in this case, the documentation pertaining to the new, qualifying position and portability eligibility under AC21 had been timely filed with the USCIS. ...xxxx"

    Furthermore:

    "xxxx....It is not clear why this AC21 filing was either overlooked or not in the file at the time of the issuance of the NOIR several months later. The fact that the AC21 notification was filed, however, provides a basis to respond to and refute the NOIR, along with a number of legal and procedural issues. Therefore, the AC21 notification is vital to the ultimate success in this case. Moreover, notification and proof of AC21 eligibility may be vital to avoid NOIRs in future cases....xxxx".





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  • EB2_Jun03_dude
    05-08 11:42 AM
    Just like many of us, I am living in this country legally for the last 10 years. After some anxious 5 years wait, I finally got GC last month. IV is definitely the best thing to happen to legal-immigration in US.

    Many of us come to this country to escape the rotten bureaucracy in our native places and are completely taken back when we face a similar system in US. The work IV is doing and can do is enormous.

    Getting GC is an important milestone in an immigrant's journey. But again remember it is just a milestone and not the destination(CZship). I know you do not want to look beyond GC, but after surviving through the GC processs and paying regular taxes for 10 years I think we deserve a speed pass for CZship and should not sent in another line.

    I wish all IV members a fast and safe GC/CZ journey !





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  • IfYouSeekAmy
    04-20 12:02 PM
    Good luck with this effort since you are already fighting among yourselves! :D



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  • sheela
    02-21 01:17 PM
    can you please tell were you working for a consulting company or a american company? Also in which city are you located?
    Might be they are doing it at some particular location?

    I worked at a university and I140 approved TSC/AOS at TSC





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  • kevin08
    04-19 10:09 PM
    Man - U guys love to quibble about stupid things rather than focus on the big picture. All my thread says is - I'm doing X .... Please consider doing it as well if you think it is worth your while ... Thats it - Nothing more - nothing less. And here we're having a discussion about how long I've been a member of IV and yada yada yada ...

    good effort and a superb reply



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  • gunabcd
    07-17 10:55 AM
    I have heard from one of the forums here that an estimated 500K people will file this month since all PDs are current. EB-3 mexico + phillipines togther alone will be close to 300K. God help the Job market.

    Also minimum wait time will be 500K/140K ~ 4 yrs before they get to process your GC. Add to that the time for namecheck backlog 2+ yrs. So total 6+ yrs before getting GC........

    lotr

    6 years for everyone? is everyone's PD 2007? Are they going to issue GC only after 6 years? use a little common sense and you will find that GCs are given based on PD, Older the PD sooner you will get GC. for example a person with PD 2003 will get GC within 6 months.

    If you know you are a pessimist, then sit down in a corner and keep crying, don't scrare others with your illogical, baseless arguments.





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  • gauravsh
    02-21 01:07 PM
    Can you please tell where are you located ?



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  • Pegasus503
    02-20 06:46 PM
    The damn thing was taken down before I could save it. Did anyone save the file?



    The link just worked for me

    I saved it as a pdf and doc, but the upload keeps failing so here's the text:


    Office of Communications




    Questions & Answers

    February 20, 2008

    FBI NAME CHECK POLICY

    Q. How has USCIS changed its national security reporting and adjudication requirements?

    A. USCIS has not changed its background check policies as those policies related to naturalization applications. Recently, the agency did modify its existing guidance for applications where the immigration laws allow for the detention and removal of individuals if actionable information from a FBI name check response is received after approval. For these types of applications, including applications for lawful permanent residence, the adjudicators will approve the application if it is otherwise approvable and the FBI name check request has been pending for more than 180 days. No application for lawful permanent residence will be approved until a definitive FBI fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved favorably.

    Q. Why is this policy being implemented?

    A. This policy change is in response to a 2005 DHS Inspector General recommendation that USCIS align its background check screening policies with those of U.S. Immigration and Customs Enforcement.

    Q. Is this policy consistent with the national security priorities of USCIS and the Department of Homeland Security?

    A. Yes. No application for lawful permanent residence will be approved until a definitive FBI fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved favorably. In addition, in the unlikely event that DHS receives actionable information after the application is approved, it will initiate removal proceedings. Lastly, in general these individuals have been in the United States for some time and have previously been subjected to DHS background checks.

    Q. What applications are affected by this policy change?

    A. Applications included in this policy are:
    • I-485, Application to Register Permanent Residence or Adjust Status;
    • I-601, Application for Waiver of Ground of Inadmissibility;
    • I-687, Application for Status as a Temporary Resident Under Section 245A of the Immigration and Nationality Act; and
    • I-698, Application to Adjust Status from Temporary to Permanent Resident (Under Section 245A of Public Law 99-603).

    Q. How many applications for lawful permanent residence are affected by this policy change?

    A. USCIS is currently aware of approximately 47,000 applications for permanent residence (I-485) cases that are otherwise approvable but for the fact that an FBI name check is pending. In a subset of these case, the FBI name check request that been pending for more than 180 days. USCIS anticipates that the majority of the cases that are subject to this policy modification will be processed by mid-March 2008.

    Q. Does this policy change affect naturalization applications?

    A. No. There is no change in the requirement that FBI name check, FBI fingerprint and IBIS check results be obtained and resolved prior to the adjudication of an Application for Naturalization (N-400),

    Q. How long will it take for USCIS to work through these cases affected by the policy change?

    A. USCIS has begun identifying the cases affected by this policy modification in each field office and service center. Each office will evaluate the pending cases and will adjust their workload accordingly. USCIS anticipates that the majority of the cases that are subject to this policy modification will be processed by mid-March 2008. We recommend that customers wait until mid-March before inquiring about their cases. This will allow each office sufficient time to identify and adjudicate pending cases.

    Q. USCIS Director Gonzalez pledged in his January 17, 2008, testimony regarding naturalization backlogs before Congress not to cut corners in the adjudicative process or risk national security in the interest of production? Does this policy comply with the Director’s pledge?

    A. Yes. There is no change in the requirement that FBI name check, FBI fingerprint and IBIS check results be obtained and resolved prior to the adjudication of an Application for Naturalization (N-400), For those applications for permanent residence that are affected by this policy modification, no application will be approved until a definitive FBI fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved favorably. USCIS will continue to initiate the FBI name check requests upon receipt of the applications and will review, monitor and track cases approved under this policy until the FBI name check is complete. In the unlikely event that DHS receives actionable information after the application is approved, it will initiate removal proceedings.

    Q. The memorandum identifies I-485, I-601, I-687 and I-698 forms. Is there a plan to include other forms, specifically nonimmigrant and naturalization, in this policy?

    A. No.

    Q. Should customers contact USCIS through the 1-800 customer service number or make an INFOPASS appointment to visit their local office if they believe their application meets the criteria of this new policy?

    A. We recommend that customers wait until mid-March before inquiring about cases affected by this policy modification. This will allow each office sufficient time to identify and adjudicate the relevant pending cases. If no action is taken by mid-March, we recommend inquiring with the USCIS customer service line at 1-800-375-5283.

    Q10. Will USCIS automatically notify an applicant to appear at an Application Support Center if their fingerprints have expired?

    A10. Applicants will be notified through an appointment notice if new/updated fingerprint checks are needed.




    in the time it took me to copy and paste it was already posted above





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  • coopheal
    08-10 11:27 AM
    I came here in late 2006 and i have applied for 140 & 485 due to LS.
    All i can say for you is angoor khatte hain(grapes are sour for you) since you didnt get it.
    This is what happens to jealous people.

    Anyways, we have played by the rules.
    What do you say about people getting GC by lottery.
    Go and blame the govt for the rules not us.

    Nobody asked you if you did LC Sub. It was one of you who started this thread.



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  • dpp
    07-19 04:37 PM
    Yes, don't worry guys. Once I-140 is approved, most of employment and job related stuff is over.

    I-485 is mainly for status change stage to check criminal background (not job related :) ), FP and name check. They won't check much on job.

    It is all straight forward and only a time consuming stage. Thats all. Enjoy the AOS pending stage.



    This is confusing..I have a similar situation(not paid for 2 weeks)..

    When i talked to my lawyer she said that employement verification is done in I-140 and since that is approved I dont need to worry abt it for 485??

    What does your lawyer say?





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  • andrei
    07-10 08:15 AM
    Attacking Lou Dobbs will help those who purposefully blur the distinction between legal and illegal immigrants. While Dobbs sometimes talks about H1Bs, his main focus is on illegal immigration and he's mostly sympathetic to legal immigration, in my opinion.



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  • gcgreen
    01-09 12:46 PM
    the two reasons why you would want to enroll in COBRA are:

    1. insuring yourself and family for the one month or so. without insurance, everything is expensive.
    2. PRE-EXISTING CONDITIONS. If you are without insurance for some time period that time period is deducted from the typical 6 month or so waiting period of coverage of pre-existing conditions. But I think even in this case there is some grace period of 30-60 days. I suspect if you were covered 30-60 days prior to start of coverage by an employer sponsored plan, then the waiting period is waived. but you need to read the fine print for this.

    hope this helps.
    Hi,

    I am joining new job using AC21 provision coming monday. My new employer does not provide medical insurance for the first month. I am eligible for after I complete 1 month.

    So my question is: till the time I get medical coverage from new employer (approx. 20 - 30 days), can I invoke COBRA? I heard that one can not invoke COBRA if he or she is employed (only meant for un-employement) is this true?

    Also, should I call my current insurance company for COBRA now, or I can wait if I really need to visit a doctor? is there a grace period for this? Because there is a possiblity that I may never would have to visit a doctor for next 20-30 days, but who knows!

    Appreciate your answers.





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  • bsbawa10
    12-28 06:07 PM
    Can some attorney help us ? This seems to be a very valid speculation. Indeed I always thought that there is something wrong going on behind the scenes. How can the PD move 7 days in 9 months ? If it moves at this pace only, my turn to file 485 will come in 47 years. ( I will be 87 years old).



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  • vnsriv
    12-12 03:54 PM
    What's the significance of April 30 barrier.





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  • jasguild
    07-17 12:11 PM
    If USCIS wastes about 10K-20K visa numbers every year, then they are wasting about 10% every year. This 10% is consistent with the amount FBI name-check backlogs.

    I am not sure either way but one thing to keep in mind. The FBI estimate is based on 10% of ALL petitions including family petitions. If you would isolate just the EB petitions, the percentage that the FBI flags is much less than 10%

    But again I am just repeating what I read. So you could be right.

    jasquil



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  • eb3retro
    07-07 10:22 AM
    i am starting to wonder, if you are for real. your profile is empty. All your previous posts are derogatory and you accused the american president in your previous posts. I am wondering whats the basis you are here in IV and if you a green card case that you have applied and waiting..

    Over 60% of the US and 90% of Arizona supports the law they passed. Obama and his Attorney General are doing the wrong thing by interfering with state politics. How can these high ranking officials tell state law enforcement NOT TO enforce laws? The Supreme court will favor AZ even before the case starts. Slam Dunk.





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  • gc_check
    06-27 08:17 AM
    I understand that there is lot of fear among applicants that USCIS might retrogress the dates interimly sometime in july due to the expected high volume of applications filing in the begining of july.

    To minimize the chance of USCIS from taking any such steps, shall we all unite and file the applications on a specific date in july probably on 30th of july? This will accomodate all applicants...so that we shall all be winners and use this opportunity to our advantage instead of competing amongst each other...where only a few will be winners and others will be loosers.

    This will also reduce the pressure among applicants , attorneys and doctors.

    Can the AILA cooperate? Will there be unity amongst applicants to make this possible??? any ideas ??

    Dude, From your previous posts looks like you have already filed and got your receipt notice.

    http://immigrationvoice.org/forum/showthread.php?p=87755#post87755
    http://immigrationvoice.org/forum/showthread.php?p=80880#post80880

    Well, this is not a good idea ... and obviously every one is as anxious as others to get their papers filed on time. This does not make sense at all. I read your posting history and notice your posts with GC approval and also about receipt notice for spouse.

    What is goin on with you ?





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  • whattodo21
    12-15 11:23 AM
    I filed for my ead in late september, got an rfe in mid nov, sent papers but see no change in status. how long does it take with an rfe to get ead? my 90 days are nearing and I am afraid with the holiday season coming, that I might not get in time. I have contacted my congressman, ombudsman's office can't do anything yet. what can be done?





    senthil1
    04-09 01:44 PM
    One other solution is counting of Cap should be based on starting of employment. Then companies will not apply thousands at a time and they will apply only genuine cases when it is required. Implementation is difficult but there should be a way.

    Or instead of lottery some other criteria can be applied like qualification,salary and company


    Guys n Gals,
    I feel your pain with regards to consulting firms, but do not blame them for your issues. I know quite a few people from top tier universities in India/US who work for consulting firms and make at least 2-3X times money than minimum required for h1b. What is wrong with working for consulting firms? Such over generalizations only display ignorance and I would advise you to stay away from it.

    Best of luck with visa lottery. To alleviate your pain I think you should join hands with IV and try to make the GC process a lot faster that way you don't have to worry about H1 at all. If the provision of admin fixes where one gets to apply for 485 without visa numbers being available goes through, you can go directly from Student OPT to 485 EAD.





    reddymjm
    02-11 10:31 AM
    No one can predict USCIS.



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