JulyFiler
10-08 06:43 PM
I'm currently on my 4th EAD & AP, and I used AC21 twice so far to switch jobs (similar job descriptions, including the specific technologies I worked on). On both occasions, I have not informed USCIS. My attorney said one is not legally required to do so, and that we could respond if there is any RFE.
But I also know that there are lot of attorneys out there who recommend informing USCIS about the job change. I don't personally know of anyone who have used AC21 and went on to get the green card, so I can't really tell which approach is better. In either case, make sure to have all relevant paper work with you - specifically the experience letters from old employers with proper job descriptions.
As for the salary increases when changing jobs, I did talk to more than one attorney about this. And what I heard consistently was that higher salary is not as much of a problem as lower salary could be. In my case, I had salary increases of more than 30% each time I changed jobs, and I am doing fine so far. Whether that becomes a problem for me or not, I will deal with it when it happens.
I traveled out of the country a couple of times using AP. On my return to US, at the port of entry (SFO), I was asked if I still worked for the company that originally sponsored my GC application. I told them I changed employers using AC21, and that I was not legally required to inform USCIS about the job change. And they let me go without causing any trouble. Not sure if anyone else had different experiences in such case, but the immigration officers at SFO seem to be somewhat easier to deal with (assuming you haven't done anything wrong, of course).
I did have trouble with AC21 once. I ended up having a gap between my 2nd and 3rd EADs (so did my wife too), as we tried to do too much 'optimization' of EADs. Well, we learned the hard way that 'optimization' effort is bad, as both of us had to stop working during the gap. It's not a very pleasant feeling having to explain our respective employers that we had such issue. We lost money too, as we couldn't be legally paid during the gap - in addition to the unnecessary stress. I wish USCIS issues EADs with longer validity period - something like 3 years (but I once heard Aman say that they couldn't do so due to a software glitch in their system!!). In any case, we are now filing for EAD renewals well in advance of the current one's expiry.
Other issues with AC21 that we faced are things like having to pay for EAD and AP renewals every year, which is quite expensive. I guess you could negotiate this with your new employer when changing jobs. And the sheer inability to change your job roles or take on more responsibilities (on paper too!) is frustrating, but that is more of a lengthy GC processing symptom than an AC21 issue.
All things considered, I think AC21 is good. It's got it's set of issues, especially if you don't use it wisely, but it at least lets you have some kind of progress in your careers. The way I see it, if there is no career progress, I can at least make more money. You got to gain something over years of waiting to keep you going!
Let me ask you a question.
When you renew EAD what will be the start date. For example:
Lets say current EAD Expires 12/31/2007.
I apply for renewal in July say 07/01/2007.
When I get the new EAD would it start from 12/31/2007 to 12/31/2008 or sometime in July/August/September when it gets approved?
Basically would the renewal date start from where the current one is expiring or from the dat it got approved?
Thanks
But I also know that there are lot of attorneys out there who recommend informing USCIS about the job change. I don't personally know of anyone who have used AC21 and went on to get the green card, so I can't really tell which approach is better. In either case, make sure to have all relevant paper work with you - specifically the experience letters from old employers with proper job descriptions.
As for the salary increases when changing jobs, I did talk to more than one attorney about this. And what I heard consistently was that higher salary is not as much of a problem as lower salary could be. In my case, I had salary increases of more than 30% each time I changed jobs, and I am doing fine so far. Whether that becomes a problem for me or not, I will deal with it when it happens.
I traveled out of the country a couple of times using AP. On my return to US, at the port of entry (SFO), I was asked if I still worked for the company that originally sponsored my GC application. I told them I changed employers using AC21, and that I was not legally required to inform USCIS about the job change. And they let me go without causing any trouble. Not sure if anyone else had different experiences in such case, but the immigration officers at SFO seem to be somewhat easier to deal with (assuming you haven't done anything wrong, of course).
I did have trouble with AC21 once. I ended up having a gap between my 2nd and 3rd EADs (so did my wife too), as we tried to do too much 'optimization' of EADs. Well, we learned the hard way that 'optimization' effort is bad, as both of us had to stop working during the gap. It's not a very pleasant feeling having to explain our respective employers that we had such issue. We lost money too, as we couldn't be legally paid during the gap - in addition to the unnecessary stress. I wish USCIS issues EADs with longer validity period - something like 3 years (but I once heard Aman say that they couldn't do so due to a software glitch in their system!!). In any case, we are now filing for EAD renewals well in advance of the current one's expiry.
Other issues with AC21 that we faced are things like having to pay for EAD and AP renewals every year, which is quite expensive. I guess you could negotiate this with your new employer when changing jobs. And the sheer inability to change your job roles or take on more responsibilities (on paper too!) is frustrating, but that is more of a lengthy GC processing symptom than an AC21 issue.
All things considered, I think AC21 is good. It's got it's set of issues, especially if you don't use it wisely, but it at least lets you have some kind of progress in your careers. The way I see it, if there is no career progress, I can at least make more money. You got to gain something over years of waiting to keep you going!
Let me ask you a question.
When you renew EAD what will be the start date. For example:
Lets say current EAD Expires 12/31/2007.
I apply for renewal in July say 07/01/2007.
When I get the new EAD would it start from 12/31/2007 to 12/31/2008 or sometime in July/August/September when it gets approved?
Basically would the renewal date start from where the current one is expiring or from the dat it got approved?
Thanks
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Desertfox
05-23 04:34 PM
Sent email to 2+10 senators.
nk2006
10-20 04:22 PM
If there's a recession (even with a soft landing) in 2007, as many economists and Wall Street people are saying, and we don't get SKIL Act through congress during lame-duck session -- what will it mean for us? Will business lobbies still have a strong case to sell to lawmakers amid a recession?..
Yes I think you brought up a very good point. Not sure how much the recession/soft landing will affect the high technology job market. The high tech job market is just picking up in many areas and companies are having tough time to get employees. Whatever the opponents of H1B might say, the fact is getting eligible candidates is tough in many areas. And that is why many big companies are advocating visa increases (they have vested interest in only asking for h1b increase and don�t care about EB numbers; that�s a different issue). To take advantage of that sentiment � this is the best time. We don�t know how political/economic situation in next year (2007) and 2008 being presidential election year, immigration can become a hot button issue and politicians will club our issues with illegals which can confuse everyone. Lame-duck session is our best chance yet to have any of our measures. Corporate world looking for more H1B numbers will work hard and try to put in their measures in some bill. We have to work hard to have our measure clubbed to them.
If SKILL bill is passed in total that would be our best case scenario but I think its really difficult (anti-immigration groups and their lobbying is much stronger than many of us think; just look at what happened in the last one year to several bills that are even slightly favorable to legal immigration).
Yes I think you brought up a very good point. Not sure how much the recession/soft landing will affect the high technology job market. The high tech job market is just picking up in many areas and companies are having tough time to get employees. Whatever the opponents of H1B might say, the fact is getting eligible candidates is tough in many areas. And that is why many big companies are advocating visa increases (they have vested interest in only asking for h1b increase and don�t care about EB numbers; that�s a different issue). To take advantage of that sentiment � this is the best time. We don�t know how political/economic situation in next year (2007) and 2008 being presidential election year, immigration can become a hot button issue and politicians will club our issues with illegals which can confuse everyone. Lame-duck session is our best chance yet to have any of our measures. Corporate world looking for more H1B numbers will work hard and try to put in their measures in some bill. We have to work hard to have our measure clubbed to them.
If SKILL bill is passed in total that would be our best case scenario but I think its really difficult (anti-immigration groups and their lobbying is much stronger than many of us think; just look at what happened in the last one year to several bills that are even slightly favorable to legal immigration).
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sam2006
08-24 07:11 PM
July 3rd R.Williams 7.44 AM NSC
140 Approved TSC
LUD 07-28
No CC
NO RN
my guess: Look at TSC Processing dates
140 Approved TSC
LUD 07-28
No CC
NO RN
my guess: Look at TSC Processing dates
more...
simple1
05-04 07:38 PM
Hello Sir,
While opinions are good and welcome. My requirement is to see the exact INA language.
I have read the INA Sec 203 multiple times, I could not find the link between ebquota and ebdependents. May be I am missing it. Can some one show the exact lines in INA ?
Think about this "5 year old derivative kid" is counted in ebquota. How did the kid qualify for ebquota ? The law clearly says "to qualified immigrants who are aliens described in any of the following subparagraphs" and then goes on to say the exact qualification.
Don't take me out of context. I do want the kid to get greencard, however I am against the kid being counted in ebquota.
I am yet to get the access to ( I am a recent donor ) donor thread that refers the exact INA language. Can some other donor post the exact INA language in this thread ?
Thanks
Guys -- A Person who files for I-140/I-485 under EB1/2/3 is considered an EB Based Principal Beneficiary. All his/her dependents are termed derivative beneficiaries...meaning they eligible for lawful permanent residence under the same employment-based preference category as the principal beneficiary. The derivatives will have all the attributes of Principal and hence counted against EB quota.
To oversimplify -- All the benefits of the Principal is passed on to the dependents. Principal is EB2 and so the child even though he is 6 months old is also eligible for EB2. hence the term Principal beneficiary and Derivative beneficiary.
While opinions are good and welcome. My requirement is to see the exact INA language.
I have read the INA Sec 203 multiple times, I could not find the link between ebquota and ebdependents. May be I am missing it. Can some one show the exact lines in INA ?
Think about this "5 year old derivative kid" is counted in ebquota. How did the kid qualify for ebquota ? The law clearly says "to qualified immigrants who are aliens described in any of the following subparagraphs" and then goes on to say the exact qualification.
Don't take me out of context. I do want the kid to get greencard, however I am against the kid being counted in ebquota.
I am yet to get the access to ( I am a recent donor ) donor thread that refers the exact INA language. Can some other donor post the exact INA language in this thread ?
Thanks
Guys -- A Person who files for I-140/I-485 under EB1/2/3 is considered an EB Based Principal Beneficiary. All his/her dependents are termed derivative beneficiaries...meaning they eligible for lawful permanent residence under the same employment-based preference category as the principal beneficiary. The derivatives will have all the attributes of Principal and hence counted against EB quota.
To oversimplify -- All the benefits of the Principal is passed on to the dependents. Principal is EB2 and so the child even though he is 6 months old is also eligible for EB2. hence the term Principal beneficiary and Derivative beneficiary.
mygoodluck
08-14 11:57 AM
^bump^
any updates where last date stands for NSC to TSC transfer cases?
any updates where last date stands for NSC to TSC transfer cases?
more...
hazishak
07-04 10:50 PM
I think we should write in only one thread about this VB mess until it is over. New users like me are getting hard time to find out the latest development of the VB issue. Either we should start a new thread or stick with only one. regardless of the subjetc/issue, we should post all our message into one single thread so that every one is on the same page.
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desibechara
11-21 12:48 PM
Mehul:
first of all, do not lose hope. You should be determined to fight.
Please be sure we all have problems and all of us are fighting so do not think you are the unlucky one...take that thought out of your mind. And then fight and if you are determined to live, you can even beat this so called fatal disease! It is all in you, the power, bring out the power, whether you do Yoga or prayers... You can fight. You must understand that God is in you and even in your so called fatal cancer. God is everywhere, even in each action you do..connect with IT...and you will be at peace..and if you feel being in US will help all of you, so pray for it...BUT YOU MUST FIGHT AND CONNECT..
whether YOGA or PARYERS..its upto you..constantly think about IT...
Connect with IT
and YOU WILL DEFINTELY GET THE ANSWER! Please do not self pit yourself...NEVER GET THAT THOUGHT IN YOUR MIND..
BE THE FORCE WITH YOU! HAVE FAITH IN IT! YOU WILL DO GOOD! ALL YOU YOU WILL DO GOOD!
first of all, do not lose hope. You should be determined to fight.
Please be sure we all have problems and all of us are fighting so do not think you are the unlucky one...take that thought out of your mind. And then fight and if you are determined to live, you can even beat this so called fatal disease! It is all in you, the power, bring out the power, whether you do Yoga or prayers... You can fight. You must understand that God is in you and even in your so called fatal cancer. God is everywhere, even in each action you do..connect with IT...and you will be at peace..and if you feel being in US will help all of you, so pray for it...BUT YOU MUST FIGHT AND CONNECT..
whether YOGA or PARYERS..its upto you..constantly think about IT...
Connect with IT
and YOU WILL DEFINTELY GET THE ANSWER! Please do not self pit yourself...NEVER GET THAT THOUGHT IN YOUR MIND..
BE THE FORCE WITH YOU! HAVE FAITH IN IT! YOU WILL DO GOOD! ALL YOU YOU WILL DO GOOD!
more...
Gemini
10-04 10:05 AM
Hi,
I 485 reached Nebraska on 3rd July, received by F.Heinauer 11.14 AM. I140 approved by Nebraska. Checks encashed today by Nebraska. I think, atlast, they started digging the 2nd and 3rd july filers applications. Hang on guys we should be getting the reciepts soon.
I 485 reached Nebraska on 3rd July, received by F.Heinauer 11.14 AM. I140 approved by Nebraska. Checks encashed today by Nebraska. I think, atlast, they started digging the 2nd and 3rd july filers applications. Hang on guys we should be getting the reciepts soon.
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lasvegas
02-06 10:03 AM
Another thread where this issue is discussed
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=9981039551&r=1551088951#1551088951
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=9981039551&r=1551088951#1551088951
more...
chetanjumani
08-26 03:11 AM
I have only seen one person get through background check in the last year. That was through senator intervention. Person got approved (it was a premium processing case). companies generally do not want to go throgh senator/congressmen intervention due to fear of tweaking uscis.
Since his 140 is approved then he is not subject to the quota. However; he could just wait or file another h-1b with another comany. If he asks for I-94 card then uscis could ask for maintaining status. He is in what is considered a "bridge period". that is when I-94 card expires; you are legally here but if you fle an h-1b with another company then they shouldn't approve the second h-1b until the first one is approved (uscis doesn't always do this). Sometimes they approve the second one. However; if the first one gets denied then you wuld not be considered in "status" from date I-94 card expired until second companies h-1b got approved with I-94 card (would have greencard implications later).
He could just file an h-1b with another company in premium (do not ask for I-94 card). If/when uscis approves it then he would have to go for visa stamping and get I-94 card at the border.
Thank you united nation. You views/inputs are very valuable. Regards.
Since his 140 is approved then he is not subject to the quota. However; he could just wait or file another h-1b with another comany. If he asks for I-94 card then uscis could ask for maintaining status. He is in what is considered a "bridge period". that is when I-94 card expires; you are legally here but if you fle an h-1b with another company then they shouldn't approve the second h-1b until the first one is approved (uscis doesn't always do this). Sometimes they approve the second one. However; if the first one gets denied then you wuld not be considered in "status" from date I-94 card expired until second companies h-1b got approved with I-94 card (would have greencard implications later).
He could just file an h-1b with another company in premium (do not ask for I-94 card). If/when uscis approves it then he would have to go for visa stamping and get I-94 card at the border.
Thank you united nation. You views/inputs are very valuable. Regards.
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madhuvj
09-15 05:10 PM
Come on Guys,
We need more people to break the USCIS back. We can do it. It will not only help people who are currently facing the repercussion of this unreasonable USCIS actions, it will help others. Just think about, It could help your friends, relatives, brothers, sisters, cousins and all people....
This effort is to raise our voice towards the unfair treatment we have been receiving from USCIS since 2002. The First was the huge labor backlog, then came the ever-pending NameChecks, then came the July 2007 fiasco, then the approval of cases based on 485 ND and RD when people with PD < 2004 are waiting for years, then the frequent retrogressions. There are lot of people who got a single year EAD because PD was current till 2006 until last month. Now the dates have gone back to 2003 and no one knows when it will reach 2006 again. This is ridiculous. We need to raise our voice, otherwise, we will not see any light in the future. This is a nice opportunity to come together guys. COME UNITED guys.
We need more people to break the USCIS back. We can do it. It will not only help people who are currently facing the repercussion of this unreasonable USCIS actions, it will help others. Just think about, It could help your friends, relatives, brothers, sisters, cousins and all people....
This effort is to raise our voice towards the unfair treatment we have been receiving from USCIS since 2002. The First was the huge labor backlog, then came the ever-pending NameChecks, then came the July 2007 fiasco, then the approval of cases based on 485 ND and RD when people with PD < 2004 are waiting for years, then the frequent retrogressions. There are lot of people who got a single year EAD because PD was current till 2006 until last month. Now the dates have gone back to 2003 and no one knows when it will reach 2006 again. This is ridiculous. We need to raise our voice, otherwise, we will not see any light in the future. This is a nice opportunity to come together guys. COME UNITED guys.
more...
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vinabath
03-25 03:20 PM
Wait for Oct 2008 for any possible movement.
My PD is 1 March,2004 and my realistic estimate for getting my GC is end of 2009.
You are on spot. To be little optimistic, It will be 3rd quarter of 2009.
My PD is 1 March,2004 and my realistic estimate for getting my GC is end of 2009.
You are on spot. To be little optimistic, It will be 3rd quarter of 2009.
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tonyHK12
02-24 09:20 AM
thanks neelu8, good to know we'll be seeing more people in DC.
Total Contributions...........$8,325.00
Amount to be raised.......$41,675.00
.
.
Total Contributions...........$8,325.00
Amount to be raised.......$41,675.00
.
.
more...
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amitkhare77
08-07 03:44 PM
EAD (Renewal)
Service center: TSC
Mail Date - 31st Jul
Received - 4th Aug
Check cashed & LUD - 7th Aug
EAD Expiring - 25th Oct
Work Auth - EAD
I also filled G-28 for and sent AC21 with EAD renewal. The LUD is updated for all applications (i.e. I-485, I-140, previous I765 and I-131). Does this mean they changed the attorney representation in all previously approved cases?
Service center: TSC
Mail Date - 31st Jul
Received - 4th Aug
Check cashed & LUD - 7th Aug
EAD Expiring - 25th Oct
Work Auth - EAD
I also filled G-28 for and sent AC21 with EAD renewal. The LUD is updated for all applications (i.e. I-485, I-140, previous I765 and I-131). Does this mean they changed the attorney representation in all previously approved cases?
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jindhal
09-24 11:42 PM
Guys this year's party is pretty much over :rolleyes:....whts the point debating something whether right or wrong which pretty much nobody can do anything about except went frustration from whichever side of the isle one sits on.....
As per Mr C.O. of USCIS I guess they have sent out the party invitation for the year so I guess there is no point sniping at each other. New inivitations will start from July next yr...;)
Take a chill pill guys....its a weekend.....get a beer....enjoy life( beleive me GC or no GC these days will not come by:make the most) :D
I agree..
As per Mr C.O. of USCIS I guess they have sent out the party invitation for the year so I guess there is no point sniping at each other. New inivitations will start from July next yr...;)
Take a chill pill guys....its a weekend.....get a beer....enjoy life( beleive me GC or no GC these days will not come by:make the most) :D
I agree..
more...
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english_august
07-11 12:17 AM
A simple and easy way to spread this news would be to email the news coverage links to every one possible.
You are right and you can mail this link:
http://www.touchdownusa.org/floral/FloralProtest.html
I will keep this link updated with any new reports.
Please use this thread - http://immigrationvoice.org/forum/showthread.php?t=6305 to report all media articles - I will try to stay on top of that thread and update the main link on a regular basis.
You are right and you can mail this link:
http://www.touchdownusa.org/floral/FloralProtest.html
I will keep this link updated with any new reports.
Please use this thread - http://immigrationvoice.org/forum/showthread.php?t=6305 to report all media articles - I will try to stay on top of that thread and update the main link on a regular basis.
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man-woman-and-gc
09-15 01:22 PM
hi,
Please let me know the process to pledge the $100. I am not a member of any state chapter but just a registered member on this site.
Process is simpler than u can imagine,...just send a private message to me with the folowing info:
1) IV Handle
2) Ph#
3) Email ID
4) Amount u want to pledge.
The chek ur IV handle and amount appear on the below list of pledged members:
http://spreadsheets.google.com/ccc?key=pgWehhQEb3jqwsRC8fcKLTQ&hl=en#
Please let me know the process to pledge the $100. I am not a member of any state chapter but just a registered member on this site.
Process is simpler than u can imagine,...just send a private message to me with the folowing info:
1) IV Handle
2) Ph#
3) Email ID
4) Amount u want to pledge.
The chek ur IV handle and amount appear on the below list of pledged members:
http://spreadsheets.google.com/ccc?key=pgWehhQEb3jqwsRC8fcKLTQ&hl=en#
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mail2me_Ds
08-31 12:01 PM
Received CPO email 31Aug10:)
Congratulations caydee. Can you tell me your priority date?. Mine will be current from tomorrow. But I received a FP notice that is scheduled on Sep 17.
Congratulations caydee. Can you tell me your priority date?. Mine will be current from tomorrow. But I received a FP notice that is scheduled on Sep 17.
mikkisu
06-04 11:18 AM
I don't know if IV is already doing it But the i think it is Good idea to call into Good Syndycates talk shows and let America hear about our Concerns and the Unfairness in the proposed Bill.
ex:- Sean Hannity,Bill Orily..
we should be calling in both the Liberal and conservative talk shows..
ex:- Sean Hannity,Bill Orily..
we should be calling in both the Liberal and conservative talk shows..
titu1972
08-14 08:46 AM
All my checks encashed yesterday. Though my present residence is in TX and I-140 approved by NSC in 2006, still my case didn't transfered to TSC. I'm July 02 filer.
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