chanduv23
09-12 11:28 PM
Prince charming - I invoked AC21 sometime back after 180 days of filing 485 and moved to a new job on EAD.
My ex employer revoked 140. At this point of time I did a lot of research and found out the following things
(1) AC21 letter never reaches your file - there is no system in place for AC21 letter. G 28 gets into the system because there is a process in place for G 28
AC21 is a law that allows you to change jobs but there is no system in place.
(2) AC21 letter must be provided upon request - different officers want differtent information so they generally issue a NOID and ask you to submit evidence in 30 days. USCIS in some cases sends out straight denials. The denial letter generally has information to file MTR within 30 days if the case needs to be reopened due to USCIS error.
In August when my case was being processed, they sent me a NOID but sent my wife Fp notice - I called customer service and was advised that she can go for FP as usual but I have to respond to NOID before they move forward with my case and I promptly responded with AC21 and my case status changed to "Case reopened, response received" and there were soft LUDs hitting my 485.
Keep all documentation ready and be proactive, you can hire a good lawyer from MTR, remember that when you file for MTR, you cannot work - so before you inform your employer, get a letter from them and then inform them - in case employers will be reluctant to give any documentation if they know you cannot work for sometime. If you are on h1b you dont have to worry.
MTR approvals can take 3 to 5 weeks or more too.
if not on h1b you start accruing unlawful status and usually lawyers suggest that you stay till less than 180 days when your MTR is filed - it never takes 180 days for a decision on MTR so dont worry about unlawful status.
These are hidden risks in AC21 but good news is that AC21 cases have always been successful.
You may have to go through this period of uncertainity.
Good luck.
My ex employer revoked 140. At this point of time I did a lot of research and found out the following things
(1) AC21 letter never reaches your file - there is no system in place for AC21 letter. G 28 gets into the system because there is a process in place for G 28
AC21 is a law that allows you to change jobs but there is no system in place.
(2) AC21 letter must be provided upon request - different officers want differtent information so they generally issue a NOID and ask you to submit evidence in 30 days. USCIS in some cases sends out straight denials. The denial letter generally has information to file MTR within 30 days if the case needs to be reopened due to USCIS error.
In August when my case was being processed, they sent me a NOID but sent my wife Fp notice - I called customer service and was advised that she can go for FP as usual but I have to respond to NOID before they move forward with my case and I promptly responded with AC21 and my case status changed to "Case reopened, response received" and there were soft LUDs hitting my 485.
Keep all documentation ready and be proactive, you can hire a good lawyer from MTR, remember that when you file for MTR, you cannot work - so before you inform your employer, get a letter from them and then inform them - in case employers will be reluctant to give any documentation if they know you cannot work for sometime. If you are on h1b you dont have to worry.
MTR approvals can take 3 to 5 weeks or more too.
if not on h1b you start accruing unlawful status and usually lawyers suggest that you stay till less than 180 days when your MTR is filed - it never takes 180 days for a decision on MTR so dont worry about unlawful status.
These are hidden risks in AC21 but good news is that AC21 cases have always been successful.
You may have to go through this period of uncertainity.
Good luck.
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bharol
06-30 04:58 PM
No its I-485 I just cut and pasted the two emails I received, first at 10am then the second at 3 pm check online and the system had same messages. If its true I am having a party wow man thanks I did come to US in 1997. I do have a labor which was approved under RIR PD date 2004 but the employer refused to file I-140. Then again filed PERM in 2007 under EB2 and filed I-140/I-485 based on this PERM
Congrats.
Not to scare you but USCIS Can make mistakes.
In our company we have an immigration chat alias and my colleague' friend's
wife's GC was approved and after a couple of months she got a mail saying that
her GC was approved by mistake and it is being revoked!
She hadn't event applied for EAD renewal since her GC was approved.
Now I am not making it up.
I don't have any more details about this case but I read this on our alias.
Congrats.
Not to scare you but USCIS Can make mistakes.
In our company we have an immigration chat alias and my colleague' friend's
wife's GC was approved and after a couple of months she got a mail saying that
her GC was approved by mistake and it is being revoked!
She hadn't event applied for EAD renewal since her GC was approved.
Now I am not making it up.
I don't have any more details about this case but I read this on our alias.
senthil1
05-31 05:24 PM
It is better not to consider instead of coming and failing so that another chance to pass with modification
That's why there is a saying that you should never watch sausages and laws being made.
The Cantwell amendment and Lieberman amendment will fail to pass the vote. It doesnt matter whether its ordered to lie on table or whether its ordered to take a nap on the table or have some lemonade on the table. And it doesnt matter what any of those "Motion to... " means.
Both of those amendments, if debated, will fail. It will take 10 seconds for Bernie Sanders, Ted Kennedy and Dick Durbin to scream on top of their lungs and kill it. And the reason is very simple. There is a massive H1B exemption ON TOP OF 180,000 QUOTA. People who have been so successful this year so far in restricting H1 and employment based GCs are not going to miss that nice little H1 exemption at the bottom of both these amendments. So stop scratching your heads over what the "lying on table" means, because whatever is lying on table is unpassable if it somehow awakes from the table and starts dancing in the well of the senate floor.
That's why there is a saying that you should never watch sausages and laws being made.
The Cantwell amendment and Lieberman amendment will fail to pass the vote. It doesnt matter whether its ordered to lie on table or whether its ordered to take a nap on the table or have some lemonade on the table. And it doesnt matter what any of those "Motion to... " means.
Both of those amendments, if debated, will fail. It will take 10 seconds for Bernie Sanders, Ted Kennedy and Dick Durbin to scream on top of their lungs and kill it. And the reason is very simple. There is a massive H1B exemption ON TOP OF 180,000 QUOTA. People who have been so successful this year so far in restricting H1 and employment based GCs are not going to miss that nice little H1 exemption at the bottom of both these amendments. So stop scratching your heads over what the "lying on table" means, because whatever is lying on table is unpassable if it somehow awakes from the table and starts dancing in the well of the senate floor.
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sajidmd
10-21 02:44 PM
My wife is planning to visit India and stay there for around 4 months. What should be the answer to 2nd question, On page2....
Expected Length of Trip ? Is it safe to mention 4 months or ??
Thanks!!
Expected Length of Trip ? Is it safe to mention 4 months or ??
Thanks!!
more...
god_bless_you
06-30 12:01 PM
Shadegg Introduces ‘Skil Bill’ To Keep American Workforce Competitive
Rep. Shadegg – “We stand to potentially lose the next technological giants like Yahoo! or Google if we do not keep America’s workforce competitive.”
Washington, Jun 30 - As the United States works to maintain its economic competitive edge, U.S. Representative John Shadegg (R-AZ) introduced legislation yesterday to help retain the innovative minds of foreign-born nationals here in the United States.
“We have benefited greatly from the many foreign-born scientists, engineers, health care professionals, and teachers that help keep America moving forward,” said Shadegg, a member of the House Energy and Commerce Committee. “To our detriment, current policy mandates that we educate and train these brilliant individuals and then send them away to other countries to compete against us.”
H.R. 5744, The Securing Knowledge, Innovation, and Leadership (SKIL) Act, addresses this growing problem by increasing the allotment of H-1B visas, returning to the prior, higher level of 115,000, with potential for future increases. The bill would also allow foreign nationals who graduate from U.S. universities to stay in America and contribute to our economy by joining the American workforce.
“Unfortunately, we are not graduating the number of Americans with advanced degrees in math and sciences that our high tech and medical industries need to compete. Until we can fix the problem of not having enough highly skilled American graduates, we need to pass the SKIL Bill.”
Shadegg went on to say, “We stand to potentially lose the next technological giants like Yahoo! or Google if we do not keep America’s workforce competitive. We must maintain our edge by providing opportunities to highly educated and skilled individuals interested in staying here in the U.S.”
In 2005, foreign nationals earned more than 40 percent of the master’s degrees and 60 percent of the doctorate degrees in engineering awarded by U.S. universities.
http://johnshadegg.house.gov/News/DocumentSingle.aspx?DocumentID=46437
Rep. Shadegg – “We stand to potentially lose the next technological giants like Yahoo! or Google if we do not keep America’s workforce competitive.”
Washington, Jun 30 - As the United States works to maintain its economic competitive edge, U.S. Representative John Shadegg (R-AZ) introduced legislation yesterday to help retain the innovative minds of foreign-born nationals here in the United States.
“We have benefited greatly from the many foreign-born scientists, engineers, health care professionals, and teachers that help keep America moving forward,” said Shadegg, a member of the House Energy and Commerce Committee. “To our detriment, current policy mandates that we educate and train these brilliant individuals and then send them away to other countries to compete against us.”
H.R. 5744, The Securing Knowledge, Innovation, and Leadership (SKIL) Act, addresses this growing problem by increasing the allotment of H-1B visas, returning to the prior, higher level of 115,000, with potential for future increases. The bill would also allow foreign nationals who graduate from U.S. universities to stay in America and contribute to our economy by joining the American workforce.
“Unfortunately, we are not graduating the number of Americans with advanced degrees in math and sciences that our high tech and medical industries need to compete. Until we can fix the problem of not having enough highly skilled American graduates, we need to pass the SKIL Bill.”
Shadegg went on to say, “We stand to potentially lose the next technological giants like Yahoo! or Google if we do not keep America’s workforce competitive. We must maintain our edge by providing opportunities to highly educated and skilled individuals interested in staying here in the U.S.”
In 2005, foreign nationals earned more than 40 percent of the master’s degrees and 60 percent of the doctorate degrees in engineering awarded by U.S. universities.
http://johnshadegg.house.gov/News/DocumentSingle.aspx?DocumentID=46437
Neo7
03-11 08:57 PM
Hello,
During the July 2007 fiasco I applied for I485 and I got my EAD and AP, but I have not used the EAD and still using and maintaining my H1.
Here is my dilemma, 2 years ago I went to India and used my AP when entering US though I had a valid H1 but I did not get the Visa stamped and after entering US on AP I am still using and maintaining my H1 and NOT using EAD. Recently I also got a 3 year extension on my H1.
Now I am applying for my new AP as the old one is expired. My question to you gurus is what should I put in the "Class of Admission" field? Shall I put the AOS or H1?
TIA
During the July 2007 fiasco I applied for I485 and I got my EAD and AP, but I have not used the EAD and still using and maintaining my H1.
Here is my dilemma, 2 years ago I went to India and used my AP when entering US though I had a valid H1 but I did not get the Visa stamped and after entering US on AP I am still using and maintaining my H1 and NOT using EAD. Recently I also got a 3 year extension on my H1.
Now I am applying for my new AP as the old one is expired. My question to you gurus is what should I put in the "Class of Admission" field? Shall I put the AOS or H1?
TIA
more...
seenu302
06-08 01:45 PM
IV core team,
Whats the plan of action given that CIR is dead for now?The best would be to try to attach a small relief like S.1932 in 2005 to some budget appropriations bill.Even SKIL will gather lot of unnecessary attention.Did we spend all our funding on this lost cause and need to contribute again?If so its better to start now as IV got lot of new users.
As I said my numbers are not accurate, there are lot of visas unused since retrogression, we need to take look at this and spent more time researching and contacting right organization
Whats the plan of action given that CIR is dead for now?The best would be to try to attach a small relief like S.1932 in 2005 to some budget appropriations bill.Even SKIL will gather lot of unnecessary attention.Did we spend all our funding on this lost cause and need to contribute again?If so its better to start now as IV got lot of new users.
As I said my numbers are not accurate, there are lot of visas unused since retrogression, we need to take look at this and spent more time researching and contacting right organization
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oliTwist
03-05 03:21 PM
I think I know how this works. They would outsource this program to some govt contractor (or ask the govt contractor who is working on their data ) to produce that report which costs (<10$ worth of time/effort, if they have all the data).
If all they want is money ..so be it. I am ready to pony up $50 for this,if we all approach together. But as someone suggested country of chargability is a must.
If all they want is money ..so be it. I am ready to pony up $50 for this,if we all approach together. But as someone suggested country of chargability is a must.
more...
gc_lover
07-05 11:19 AM
Matthew OH is playing with words since yesterday. I am not even sure if he knows what he is talking about. Did you guys read the stuff about 485 filing. The phrase "Untangling the tangled mess" was mentioned 3-4 times. After reading his notices, one has to wonder what the heck is he talking about.
Well...he is working hard to get "14 million hits" on his website. 13 million is not really enough you see :)
Well...he is working hard to get "14 million hits" on his website. 13 million is not really enough you see :)
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sudmoni
02-13 03:34 PM
pmpforgc
I am a physician and have not heard doctors are included in Sch A category. I wish u were correct but unfortunately u are not.
I am a physician and have not heard doctors are included in Sch A category. I wish u were correct but unfortunately u are not.
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niklshah
03-05 09:44 AM
I am in for contribution...... some information is better than nothing what we have rite now...
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SOA
07-23 03:23 PM
Great!
Seems like it's the same info as the NSC Updates dated November last year... So it's official that we can file 485 without 140 receipt notice!
Seems like it's the same info as the NSC Updates dated November last year... So it's official that we can file 485 without 140 receipt notice!
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needhelp!
02-12 04:09 PM
This is essentially what we got in July07, and this can be a great pain relief. Since it was done in July07, there is already a precedent for it?? Would it be an administrative fix then? Just a note , IV already has this as one of the things we are working to change in law, but I was wondering if it could be admin only fix.
I initially posted below text to reply another thread, but the title is not much relavant. So I decided to create a new thread here:
As a background, the pre-application of AOS (file 485 without PD being current) is mentioned in a DHS newsletter here (credit goes to kate123 for finding it).
http://www.dhs.gov/ynews/releases/pr_1233353528835.shtm
Here is the text:
Legal Immigration Benefit Backlogs. What progress has been made in reducing the significant backlogs that had developed in the adjudication of naturalization petitions and adjustment of status (green card) applications? Which regional offices still lag behind in making progress toward target processing times, and what specific steps are recommended for providing priority resources to those offices?
Please provide an assessment of information-sharing with the Department of State’s Bureau of Consular Affairs on projected adjustment caseloads, to be used by that Bureau in setting each month’s cutoff dates on waiting lists for immigration categories that are limited by a yearly quota. What steps have been taken and what further steps are recommended to make sure that the full quota of permanent immigration spaces is used each fiscal year? What regulatory or legislative changes (including a possible pre-application filing procedure for adjustment cases) are recommended to facilitate caseload planning and make optimum use of U.S. Citizenship and Immigration Services adjudication capacity?
This is a great finding I've read that page, but never noticed the Secretary of DHS specifically mentioned Pre-Application of AOS. Now that they do have this in their mind, can we start working on that? I'd love to share a few thoughts I have on it:
From the lessons we learnt from the past, the most important thing for this admin fix to fly is compromise: there must be kind of restriction for the pre-application AOS. A few examples I could think of are:
- The person has been in the country LEGALLY for more than a number of years, OR
- The PD are more than a certain number years old, OR
- I-140 has been approved, OR
- Must have MS or higher for a US college (just for argument's sake, please don't flame me).
The key is to not allow everyone to file pre-application or it'll be drown in a media storm and draw backfires. Yet it gives you a certain promise that you'll be able to file pre-application once you are here for a certain period of time, so everyone has hope and those who has suffered more would have an almost certain chance to do so.
IV core, should we work on this? This is the first time we see pre-application of AOS appears in official file and I believe it's a great opportunity.
I initially posted below text to reply another thread, but the title is not much relavant. So I decided to create a new thread here:
As a background, the pre-application of AOS (file 485 without PD being current) is mentioned in a DHS newsletter here (credit goes to kate123 for finding it).
http://www.dhs.gov/ynews/releases/pr_1233353528835.shtm
Here is the text:
Legal Immigration Benefit Backlogs. What progress has been made in reducing the significant backlogs that had developed in the adjudication of naturalization petitions and adjustment of status (green card) applications? Which regional offices still lag behind in making progress toward target processing times, and what specific steps are recommended for providing priority resources to those offices?
Please provide an assessment of information-sharing with the Department of State’s Bureau of Consular Affairs on projected adjustment caseloads, to be used by that Bureau in setting each month’s cutoff dates on waiting lists for immigration categories that are limited by a yearly quota. What steps have been taken and what further steps are recommended to make sure that the full quota of permanent immigration spaces is used each fiscal year? What regulatory or legislative changes (including a possible pre-application filing procedure for adjustment cases) are recommended to facilitate caseload planning and make optimum use of U.S. Citizenship and Immigration Services adjudication capacity?
This is a great finding I've read that page, but never noticed the Secretary of DHS specifically mentioned Pre-Application of AOS. Now that they do have this in their mind, can we start working on that? I'd love to share a few thoughts I have on it:
From the lessons we learnt from the past, the most important thing for this admin fix to fly is compromise: there must be kind of restriction for the pre-application AOS. A few examples I could think of are:
- The person has been in the country LEGALLY for more than a number of years, OR
- The PD are more than a certain number years old, OR
- I-140 has been approved, OR
- Must have MS or higher for a US college (just for argument's sake, please don't flame me).
The key is to not allow everyone to file pre-application or it'll be drown in a media storm and draw backfires. Yet it gives you a certain promise that you'll be able to file pre-application once you are here for a certain period of time, so everyone has hope and those who has suffered more would have an almost certain chance to do so.
IV core, should we work on this? This is the first time we see pre-application of AOS appears in official file and I believe it's a great opportunity.
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H4_losing_hope
02-26 11:05 AM
I mailed 2 letters and somehow I dont see my name, i just want to make sure IV got my letters from Ohio
I am sure IV has them--I think I'm right in saying that names have just been added to this list once people tell this thread, thanks for posting and for your efforts :)
I am sure IV has them--I think I'm right in saying that names have just been added to this list once people tell this thread, thanks for posting and for your efforts :)
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gcandgc
05-21 11:45 AM
Hi Pappu
Like me most of us would have got the reply from the Senetor or the congress man for the email that we sent. But all the replies are generic in nature and focus is on illegal immigration issue. The problems of "Legal immigrants" to my knowledge did not get their attention?. This is my observation.
Regards
GCANDGC
Like me most of us would have got the reply from the Senetor or the congress man for the email that we sent. But all the replies are generic in nature and focus is on illegal immigration issue. The problems of "Legal immigrants" to my knowledge did not get their attention?. This is my observation.
Regards
GCANDGC
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EBX-Man
03-28 01:40 PM
my friedn ask me go iv site i come site and see spillover give my family gc soon this consufion what happenning
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coopheal
06-23 04:58 PM
Called, the lady said she was handling immigration issues for the congress man. She took the message about supporting the immigration bills. She just asked my name; and was very supportive during call.
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RaviG
05-30 06:33 PM
would create a quota exemption for certain highly skilled immigrants who have at least three years of U.S. work experience
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factoryman
02-13 02:52 PM
Thanks GCard_Dream.
Sleuths. Bring out your magnifying glasses, pen-torches. Search the bill and look for 'unused', 'visa' and 'Sch A'.
This vote is a test only and so no time to relax.
There goes the supplemental bill and any hopes of getting any relief by Feb 15th.
http://news.yahoo.com/s/ap/20070213/ap_on_go_co/congress_spending;_ylt=AmFxyhCYs5och8xea1qWeR3MWM0 F
However, logiclife has indicated that there is a very good chance of CIR being debated in the Senate sometime in March so we should get ready for that now. Folks who were opposed to I-485 provision must be having a great day today. :)
Sleuths. Bring out your magnifying glasses, pen-torches. Search the bill and look for 'unused', 'visa' and 'Sch A'.
This vote is a test only and so no time to relax.
There goes the supplemental bill and any hopes of getting any relief by Feb 15th.
http://news.yahoo.com/s/ap/20070213/ap_on_go_co/congress_spending;_ylt=AmFxyhCYs5och8xea1qWeR3MWM0 F
However, logiclife has indicated that there is a very good chance of CIR being debated in the Senate sometime in March so we should get ready for that now. Folks who were opposed to I-485 provision must be having a great day today. :)
planets
03-28 01:48 PM
Ha.....Ha......
va_dude
09-18 10:14 AM
AC 21 and EAD are two completely disjoint things.
You can invoke AC 21 and switch to a different job and you could either use your EAD to join the new emplyer or even transfer your h1b to the new employer.
You can invoke AC 21 and switch to a different job and you could either use your EAD to join the new emplyer or even transfer your h1b to the new employer.
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