jonty_11
07-27 05:29 PM
we will be in uncertainity until we get GC in hand ..........as they say it.
So support IV;s action items and get a legislation passed rather then waitin goutside ur doorstep for 485 receipt....then EAD then AP....and .................what not
So support IV;s action items and get a legislation passed rather then waitin goutside ur doorstep for 485 receipt....then EAD then AP....and .................what not
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485Mbe4001
12-04 06:18 PM
India has PPF/PF and that money will go in you PPF/PF account, its not a black hole, infact it pays the highest interest and its secure. its very easy to get money out of your PF account. i took it out of my PPF account before i came to the US and promptly spent all :)
its another topic that SS repatriation will never be approved, especially retroactively.
Yeah I get that the money will be transferred from the Social security system here to the Indian Govt system.
My point is it does not do a damn thing for us workers personally. That money will dissapear into a dark hole in the Indian Gov't coffers instead of a dark hole here, further as the rules stand, I have a slim chance of getting the money from here through social security payments when I turn 65 even if I am in India. Try that within the money in Indian gov't hands.
On the other hand, it makes the Indian gov't allign with corporate america, as they all have a vested interest in a Temp. worker program such as H1b absent green cards. Which will be a win win for all concerned except us.
So I repeat my question..................Why is this good again?
its another topic that SS repatriation will never be approved, especially retroactively.
Yeah I get that the money will be transferred from the Social security system here to the Indian Govt system.
My point is it does not do a damn thing for us workers personally. That money will dissapear into a dark hole in the Indian Gov't coffers instead of a dark hole here, further as the rules stand, I have a slim chance of getting the money from here through social security payments when I turn 65 even if I am in India. Try that within the money in Indian gov't hands.
On the other hand, it makes the Indian gov't allign with corporate america, as they all have a vested interest in a Temp. worker program such as H1b absent green cards. Which will be a win win for all concerned except us.
So I repeat my question..................Why is this good again?
nitinms
06-27 04:57 PM
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 ??
Yes, everyone will wait and file on July 1st.
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 ??
Yes, everyone will wait and file on July 1st.
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mariner5555
11-18 05:58 AM
Vowww... what a wishful thinking.
Definitely nobody would have thought giving Green Cards to Legal Immigrants who are making renting industry thrive can also solve US Housing Slump.
Next time, they may even see a possibility if giving Green Cards can also solve Global Warming!!!!
You know actually it can happen with majority of desis driving green vehicles (honda/toyota).
it is not wishful thinking ..dumbo ..it is a good idea but it doesnt / wont have much support as community is divided and happy with its ead.
money makes the mare go in this world ..say if the immigration community was united and if we were to lobby with the builders and car dealers who make contribution to the politicians then lot of bills would have passed behind the scenes ..earliar h1-b was for 6 years only ..how did the extension come ..behind the scenes the business lobby worked secretly.
Definitely nobody would have thought giving Green Cards to Legal Immigrants who are making renting industry thrive can also solve US Housing Slump.
Next time, they may even see a possibility if giving Green Cards can also solve Global Warming!!!!
You know actually it can happen with majority of desis driving green vehicles (honda/toyota).
it is not wishful thinking ..dumbo ..it is a good idea but it doesnt / wont have much support as community is divided and happy with its ead.
money makes the mare go in this world ..say if the immigration community was united and if we were to lobby with the builders and car dealers who make contribution to the politicians then lot of bills would have passed behind the scenes ..earliar h1-b was for 6 years only ..how did the extension come ..behind the scenes the business lobby worked secretly.
more...
lazycis
02-28 01:49 PM
Can you please let us know the URL for the latest name check FAQ posted today.
http://boards.immigrationportal.com/attachment.php?attachmentid=17312&d=1204204596
Questions & Answers
BACKGROUND CHECK POLICY UPDATE
Q1. What applications are affected by this policy change?
A1. 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 from Temporary to Permanent Resident (Under Section 245A of Public Law 99-603).
Q2. How has USCIS changed its national security requirements?
A2. USCIS has not changed its background check policies for naturalization applications. Recently, the agency did modify its existing guidance for certain applications (see above) 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. 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. (Please refer to the USCIS Immigration Security Checks fact sheet on the USCIS website for more information.)
Q3. How has USCIS changed its adjudications requirements?
A3. For these forms, including applications for lawful permanent residence, USCIS will adjudicate the application based on all required evidence outlined in applicable law and regulation if the application is otherwise approvable, outside of normal processing times, and the FBI name check request has been pending for more than 180 days.
(more)
Q4. What happens if USCIS later receives adverse information from an FBI name check?
A4. In the unlikely event that Department of Homeland Security, (DHS) receives actionable adverse information from the FBI name check after the application is adjudicated, DHS may detain the applicant and initiate removal proceedings.
Q5. Why is this policy being implemented?
A5. This policy change responds to a 2005 DHS Inspector General recommendation that USCIS better align its background check screening policies with those of U.S. Immigration and Customs Enforcement.
Q6. Is this policy consistent with the national security priorities of USCIS and the Department of Homeland Security?
A6. Yes. Applications for lawful permanent residence will not 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 adverse information after the application is approved, removal proceedings may be initiated.
Q7. How many applications for lawful permanent residence are immediately affected by this policy change?
A7. USCIS is aware of approximately 47,000 applications for permanent residence (I-485) cases that are otherwise approvable but have an FBI name check pending. A portion of these cases are both outside normal processing times and have an FBI name check that has been pending for more than 180 days. These cases will be subject to processing under the new policy. USCIS anticipates the majority of the cases that can now be adjudicated will be processed by mid-March 2008.
Q8. Does this policy change affect naturalization applications?
A8. No. There is no change in the requirement that FBI name check, FBI fingerprint and Interagency Border Inspection Services (IBIS) check results be obtained and resolved prior to the adjudication of an Application for Naturalization (N-400).
Q9. How long will it take for USCIS to work through the cases affected by the policy change?
A9. USCIS has begun identifying 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 the majority of the cases subject to this policy modification will be processed by mid-March 2008. We recommend customers wait until March 10 before inquiring about their cases. This will allow each office sufficient time to identify and adjudicate pending cases.
(more)
Q10. 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?
A10. No.
Q11. Should customers contact USCIS through the 1-800 customer service number or make an INFOPASS appointment to visit their local office if their case is outside of normal processing times and they believe their application meets the criteria of this new policy?
A11. For pending applications outside of normal processing times, we recommend that customers wait until March 10, 2008, 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. This procedure is for customers who have been previously informed that their case is pending due to the FBI name check. (Cases that are still pending within the processing times will be completed when the related adjudication actions are completed.)
Q12. Will USCIS automatically notify an applicant to appear at an Application Support Center, (ASC) if his or her fingerprints have expired?
A12. Applicants will be notified through an appointment notice if new or updated fingerprint checks are needed.
– USCIS –
http://boards.immigrationportal.com/attachment.php?attachmentid=17312&d=1204204596
Questions & Answers
BACKGROUND CHECK POLICY UPDATE
Q1. What applications are affected by this policy change?
A1. 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 from Temporary to Permanent Resident (Under Section 245A of Public Law 99-603).
Q2. How has USCIS changed its national security requirements?
A2. USCIS has not changed its background check policies for naturalization applications. Recently, the agency did modify its existing guidance for certain applications (see above) 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. 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. (Please refer to the USCIS Immigration Security Checks fact sheet on the USCIS website for more information.)
Q3. How has USCIS changed its adjudications requirements?
A3. For these forms, including applications for lawful permanent residence, USCIS will adjudicate the application based on all required evidence outlined in applicable law and regulation if the application is otherwise approvable, outside of normal processing times, and the FBI name check request has been pending for more than 180 days.
(more)
Q4. What happens if USCIS later receives adverse information from an FBI name check?
A4. In the unlikely event that Department of Homeland Security, (DHS) receives actionable adverse information from the FBI name check after the application is adjudicated, DHS may detain the applicant and initiate removal proceedings.
Q5. Why is this policy being implemented?
A5. This policy change responds to a 2005 DHS Inspector General recommendation that USCIS better align its background check screening policies with those of U.S. Immigration and Customs Enforcement.
Q6. Is this policy consistent with the national security priorities of USCIS and the Department of Homeland Security?
A6. Yes. Applications for lawful permanent residence will not 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 adverse information after the application is approved, removal proceedings may be initiated.
Q7. How many applications for lawful permanent residence are immediately affected by this policy change?
A7. USCIS is aware of approximately 47,000 applications for permanent residence (I-485) cases that are otherwise approvable but have an FBI name check pending. A portion of these cases are both outside normal processing times and have an FBI name check that has been pending for more than 180 days. These cases will be subject to processing under the new policy. USCIS anticipates the majority of the cases that can now be adjudicated will be processed by mid-March 2008.
Q8. Does this policy change affect naturalization applications?
A8. No. There is no change in the requirement that FBI name check, FBI fingerprint and Interagency Border Inspection Services (IBIS) check results be obtained and resolved prior to the adjudication of an Application for Naturalization (N-400).
Q9. How long will it take for USCIS to work through the cases affected by the policy change?
A9. USCIS has begun identifying 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 the majority of the cases subject to this policy modification will be processed by mid-March 2008. We recommend customers wait until March 10 before inquiring about their cases. This will allow each office sufficient time to identify and adjudicate pending cases.
(more)
Q10. 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?
A10. No.
Q11. Should customers contact USCIS through the 1-800 customer service number or make an INFOPASS appointment to visit their local office if their case is outside of normal processing times and they believe their application meets the criteria of this new policy?
A11. For pending applications outside of normal processing times, we recommend that customers wait until March 10, 2008, 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. This procedure is for customers who have been previously informed that their case is pending due to the FBI name check. (Cases that are still pending within the processing times will be completed when the related adjudication actions are completed.)
Q12. Will USCIS automatically notify an applicant to appear at an Application Support Center, (ASC) if his or her fingerprints have expired?
A12. Applicants will be notified through an appointment notice if new or updated fingerprint checks are needed.
– USCIS –
anai
07-19 02:28 PM
Could you please post the correct link? This one is not working. I wanted to check about the initial evidence
http://www.uscis.gov/files/pressrelease/RFEFactSheet041207.pdf
(Have updated my original post with this link. Thanks for pointing out.)
http://www.uscis.gov/files/pressrelease/RFEFactSheet041207.pdf
(Have updated my original post with this link. Thanks for pointing out.)
more...
logiclife
03-23 04:00 PM
Anyone from SC?
Request the documents from Varsha and Sanjay and go alone if there is no one in your area.
Thanks.
Request the documents from Varsha and Sanjay and go alone if there is no one in your area.
Thanks.
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gcdreamer05
08-08 10:38 AM
Hi All
I just saw the USCIS GC approval email notice - EB2-I - Dec 20'th 2005 Priority Date
I have same issue as few others have. I'm not married yet. I have applied for GC and luckily the GC has been approved (when I really don't want it to be approved). ... Trust me I was praying god all the time.
My priority date is EB2-I Dec 20'th 2005 and god knows how they approved it much before every one else. When all others really want their GC's.
There are lots people who are in queue with Jan 2004 and later priority dates and whose cases are still pending... How could they approve my case so soon...
I have scheduled for a travel to India on August 15'th 2008 to get married. I wanted to marry and get my wife to USA. I 'm engaged with girl at India and all set for marriage this month (August 2008).
I believe my H1-B has been automatically canceled on immediate approval of GC.
How do I get my future wife to USA?. What are the options left out to me now?.
Please excuse me if this is a duplicate thread. I'm really in hurry and could not check all threads properly.
--Suresh
Hi Suresh,
I saw a similar post in this forum about someone being single and getting GC approved, at that time lot of users suggested withdrawing the 485 app, if you had withdrawn it then you could have filed it again later.
I personally feel, marriage and life is more important than a plastic card.
Try for h1b or f1 visa, if you had got married before approval atleast you could have tried follow to join.
All the best.
I just saw the USCIS GC approval email notice - EB2-I - Dec 20'th 2005 Priority Date
I have same issue as few others have. I'm not married yet. I have applied for GC and luckily the GC has been approved (when I really don't want it to be approved). ... Trust me I was praying god all the time.
My priority date is EB2-I Dec 20'th 2005 and god knows how they approved it much before every one else. When all others really want their GC's.
There are lots people who are in queue with Jan 2004 and later priority dates and whose cases are still pending... How could they approve my case so soon...
I have scheduled for a travel to India on August 15'th 2008 to get married. I wanted to marry and get my wife to USA. I 'm engaged with girl at India and all set for marriage this month (August 2008).
I believe my H1-B has been automatically canceled on immediate approval of GC.
How do I get my future wife to USA?. What are the options left out to me now?.
Please excuse me if this is a duplicate thread. I'm really in hurry and could not check all threads properly.
--Suresh
Hi Suresh,
I saw a similar post in this forum about someone being single and getting GC approved, at that time lot of users suggested withdrawing the 485 app, if you had withdrawn it then you could have filed it again later.
I personally feel, marriage and life is more important than a plastic card.
Try for h1b or f1 visa, if you had got married before approval atleast you could have tried follow to join.
All the best.
more...
JakeLeone
07-21 06:57 PM
Hi,
If you check the bright future jobs website, you will not find any reference to such a "Call".
Beware, calling the number might expose your phone number, and you might become a victim.
Please be aware law enforcement has been notified, if anyone encounters any problems as a result, please contact law enforcement.
I hope the deranged person who originally posted the message can receive help soon.
BTW, if "Antis" is your calling card (it's rarely used in reference to those participating in the immigration debate) you might have exposed yourself a little too much.
If you check the bright future jobs website, you will not find any reference to such a "Call".
Beware, calling the number might expose your phone number, and you might become a victim.
Please be aware law enforcement has been notified, if anyone encounters any problems as a result, please contact law enforcement.
I hope the deranged person who originally posted the message can receive help soon.
BTW, if "Antis" is your calling card (it's rarely used in reference to those participating in the immigration debate) you might have exposed yourself a little too much.
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trueguy
02-20 11:45 PM
Hi
Today I got a call from an officer in "immigration and customs enforcement" asking for an appointment to visit my residence for checing my immigration status.
I am on H1B visa.
I would appreciate if someone could give any sort of information related to calling for a home visit.
Thanks
Immigration office can come to your home to check on you if your application is family based, like spouse living together or not. But since you are on H1B, I don't know why would they come to your home. They should check with ur employer and do the verification.
This is just my opinion.
Today I got a call from an officer in "immigration and customs enforcement" asking for an appointment to visit my residence for checing my immigration status.
I am on H1B visa.
I would appreciate if someone could give any sort of information related to calling for a home visit.
Thanks
Immigration office can come to your home to check on you if your application is family based, like spouse living together or not. But since you are on H1B, I don't know why would they come to your home. They should check with ur employer and do the verification.
This is just my opinion.
more...
software7
05-12 08:43 PM
If case is denied due to USCIS error, MTR can be filed with out fee. when filing MTR it should clearly mention that " Service request for MTR" which implies that denails s due to erroneous decison. (Attorney filed this MTR with Subj: Service request for MTR, enclosed all documents which supports that decision is taken by error and to reconsider).
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desi3933
07-19 05:09 PM
Q : Must an H-1B alien be working at all times?
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
Check this.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
As long as the employer/employee relationship exists, nobody can't do anything. This is for sure.
It is not so easy.
Please refer to these posts from UnitedNations on this :
http://immigrationvoice.org/forum/showpost.php?p=125382&postcount=143
and
http://immigrationvoice.org/forum/showpost.php?p=103863&postcount=71
Honestly; uscis/dos don't care much for this. Maternity is a pretty good reason and is verifiable.
Other then that; department of state; uscis don't care for it much. They have enough data on companies that if it happened to a person in one quarter then ok. However, if there are a number of people who fit the profile then it gives less credibility.
I'll give you an example: DOL comes to investigate a particular person whom DOS has referred. Now; they go through the whole list of people (they actually do this); and see that every person who arrived into the country was on bench for three months...gives less credibility to the person's argument.
______________________
Not a legal advice.
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
Check this.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
As long as the employer/employee relationship exists, nobody can't do anything. This is for sure.
It is not so easy.
Please refer to these posts from UnitedNations on this :
http://immigrationvoice.org/forum/showpost.php?p=125382&postcount=143
and
http://immigrationvoice.org/forum/showpost.php?p=103863&postcount=71
Honestly; uscis/dos don't care much for this. Maternity is a pretty good reason and is verifiable.
Other then that; department of state; uscis don't care for it much. They have enough data on companies that if it happened to a person in one quarter then ok. However, if there are a number of people who fit the profile then it gives less credibility.
I'll give you an example: DOL comes to investigate a particular person whom DOS has referred. Now; they go through the whole list of people (they actually do this); and see that every person who arrived into the country was on bench for three months...gives less credibility to the person's argument.
______________________
Not a legal advice.
more...
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saturnring11
09-15 10:42 AM
Here are a few reasons why I want to get the gc:
1) freedom to change jobs to make a higher salary so that I don't have to work two H1 jobs simultaneously
2) freedom to change your career track into another area, which cannot be done even with AC21 (job has to be essentially the same position)
3) freedom to travel out of the country and back in without going to Canada/Mexico each year for revalidation, for not only personal but even urgent busines trips. I get to see my family and friends, and not spend hundreds of $ in govt and legal fees
4) freedom to quit a job because the company/boss sucks
5) freedom to make enough money so that I can take a break from any job for a while (yes, this is actually a possibility if you have a well-enough paying job)
6) freedom to have one's dependents take advantage of benefits like in-state tuition, and other benefits residency brings
7) and finally freedom from the immense stress that I will lose my job and consequently all the time I have spent waiting for my gc, perhaps uproot myself and have to return to a place where I may not necessarily feel is home anymore
So am I doing what I really want?
No
I guess black Americans could have said something similar 200 years ago: as long as I am fed by my master, he provides me with a roof over my head, and I work hard, I should be happy.
Today they would still be slaves.
To misquote Orwell: America is a free country, but some people are freer than others.
Moral of this story: Satisfaction and complacency are two different things
Interesting blog on the issue of high-tech slavery.
http://saturnring11.blogspot.com/2006/02/high-tech-slavery-in-land-of-free.html
1) freedom to change jobs to make a higher salary so that I don't have to work two H1 jobs simultaneously
2) freedom to change your career track into another area, which cannot be done even with AC21 (job has to be essentially the same position)
3) freedom to travel out of the country and back in without going to Canada/Mexico each year for revalidation, for not only personal but even urgent busines trips. I get to see my family and friends, and not spend hundreds of $ in govt and legal fees
4) freedom to quit a job because the company/boss sucks
5) freedom to make enough money so that I can take a break from any job for a while (yes, this is actually a possibility if you have a well-enough paying job)
6) freedom to have one's dependents take advantage of benefits like in-state tuition, and other benefits residency brings
7) and finally freedom from the immense stress that I will lose my job and consequently all the time I have spent waiting for my gc, perhaps uproot myself and have to return to a place where I may not necessarily feel is home anymore
So am I doing what I really want?
No
I guess black Americans could have said something similar 200 years ago: as long as I am fed by my master, he provides me with a roof over my head, and I work hard, I should be happy.
Today they would still be slaves.
To misquote Orwell: America is a free country, but some people are freer than others.
Moral of this story: Satisfaction and complacency are two different things
Interesting blog on the issue of high-tech slavery.
http://saturnring11.blogspot.com/2006/02/high-tech-slavery-in-land-of-free.html
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sanju
09-08 08:24 PM
I know after we file the i-485 for 180 days, we can change our jobs. But rule is that the new job should be in the same field as the old one.
Can i change my job from a biological researcher to a biostatistician? My current job is in the field of biology, which involves lots of experiments. If I change my job to a biostatistician, which is like a programmer, do i still qualify the "similar filed" rule? thanks for your help!
Requirements to change employer when GC is pending:
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD
Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.
After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application
This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
Can i change my job from a biological researcher to a biostatistician? My current job is in the field of biology, which involves lots of experiments. If I change my job to a biostatistician, which is like a programmer, do i still qualify the "similar filed" rule? thanks for your help!
Requirements to change employer when GC is pending:
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD
Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.
After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application
This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
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GCaspirations
10-03 10:36 PM
This trend of cases filed at NSC and transferred to CSC and then back to NSC have not received FP notices yet.
Intrestingly, the cases being transferred from NSC to CSC and then going to TSC are getting the FP notices. Sparky_jones got it. I just read above that one other persons went to there too. Please update us when you receive the FP notice and I am sure you will receive it soon.
I am trying to track FP notices. Please visit this thread.
http://immigrationvoice.org/forum/showthread.php?t=13640
Sorry the link is not working anymore. Looks like the administrators do not want us to track this.
Intrestingly, the cases being transferred from NSC to CSC and then going to TSC are getting the FP notices. Sparky_jones got it. I just read above that one other persons went to there too. Please update us when you receive the FP notice and I am sure you will receive it soon.
I am trying to track FP notices. Please visit this thread.
http://immigrationvoice.org/forum/showthread.php?t=13640
Sorry the link is not working anymore. Looks like the administrators do not want us to track this.
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betoaguirre
03-23 10:15 AM
I have received the information package from Varsha and sanjay and need to know if there is someone from Oklahoma who wants to join me and a couple more to meet the lawmakers. Please send pm.
Thnx..
Thnx..
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gcisadawg
04-21 10:36 AM
Sheila,
2+ 3 you are mentioning is where +3 = three year degree program like BSc / BCS/ BCom programs offered in India. Here I think we are discussing 3 year DIPLOMA program the eligiblity for which is 10th grade. After finishing this program in some universities you are waived 1st year coursework for the degree program in same field. So for regular people it is 10+2+4 to get a bachelors where as people taking the diploma route it is 10+3+3. So in this case of our friend his 10+3 is equivalent to completed only 1st year degree program. the +2 overlaps with what he has studied in +3 and the +1 in commerce will not be counted in coursework.
Anuj: What subject was your diploma was it a management diploma or engineering diploma? What was the eligiblity for the same? Was the institute reputed like does it have an entrance test? If yes do you know their acceptance rate? Might help in preparing a case
That is exactly right. 10 + 3 yr diploma will wave the first year in 4 year B.E.
In 10 + 2 + 3yr diploma, mostly 11th and 12th grade are redundant.....So, it is only equivalent to 10 + 3yr diploma....
When we were in Engineering after 10+2, we had students who joined us in second year (of a 4yr degree) after completing 10 + 3yr diploma....Our class was benefited tremendously by their practical/industrial experience.
I believe OP has a very difficult case and I dont see a way to get around this.
One thing OP can try is apply for a Masters degree in US from a decent university with his credentials. If he has an admission offer, he can then submit that to USCIS to prove his credentials. US Masters require 12+4 years.
2+ 3 you are mentioning is where +3 = three year degree program like BSc / BCS/ BCom programs offered in India. Here I think we are discussing 3 year DIPLOMA program the eligiblity for which is 10th grade. After finishing this program in some universities you are waived 1st year coursework for the degree program in same field. So for regular people it is 10+2+4 to get a bachelors where as people taking the diploma route it is 10+3+3. So in this case of our friend his 10+3 is equivalent to completed only 1st year degree program. the +2 overlaps with what he has studied in +3 and the +1 in commerce will not be counted in coursework.
Anuj: What subject was your diploma was it a management diploma or engineering diploma? What was the eligiblity for the same? Was the institute reputed like does it have an entrance test? If yes do you know their acceptance rate? Might help in preparing a case
That is exactly right. 10 + 3 yr diploma will wave the first year in 4 year B.E.
In 10 + 2 + 3yr diploma, mostly 11th and 12th grade are redundant.....So, it is only equivalent to 10 + 3yr diploma....
When we were in Engineering after 10+2, we had students who joined us in second year (of a 4yr degree) after completing 10 + 3yr diploma....Our class was benefited tremendously by their practical/industrial experience.
I believe OP has a very difficult case and I dont see a way to get around this.
One thing OP can try is apply for a Masters degree in US from a decent university with his credentials. If he has an admission offer, he can then submit that to USCIS to prove his credentials. US Masters require 12+4 years.
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maximus777
11-20 06:10 PM
Yes ... and that "something" is a billion dollar business model. Education is a big business here .. not to speak of billions spent by the students in housing, insurance, living cost etc. And if there is no H1 after studies, this source dries up .
Contrary to popular belief, most students studies on Self Funding basis .. paying huge out-of-state tuitiion. So the myth that US Tax payers are paying for education of International Students is not true. The miniscule high flyers who go to top schools, go for Ph D, Post Doc, tenure track proffesors etc already have the option to get GC through EB1.
If its money that lures them into action, so be it. At this point, the situation is so desperate anything that moves the queue quicker is fine by me.
Contrary to popular belief, most students studies on Self Funding basis .. paying huge out-of-state tuitiion. So the myth that US Tax payers are paying for education of International Students is not true. The miniscule high flyers who go to top schools, go for Ph D, Post Doc, tenure track proffesors etc already have the option to get GC through EB1.
If its money that lures them into action, so be it. At this point, the situation is so desperate anything that moves the queue quicker is fine by me.
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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.
gc28262
03-27 11:49 AM
"somebody who should not be allowed in your house" is not necessarily a security threat."
Whaa? You're kidding, right? If there's an intruder in my house, he could be Santa Claus but for me he is a security threat. Are you just arguing now for the sake of it? You keep talking about logical reasoning, but I don't see a shred of it coming from your side.
I am not the one who is arguing for the sake of it. You are. So far I haven't seen any "in depth" logical reasoning from you. I am not replying anymore to your arguments unless you come up with some real logic.
Whaa? You're kidding, right? If there's an intruder in my house, he could be Santa Claus but for me he is a security threat. Are you just arguing now for the sake of it? You keep talking about logical reasoning, but I don't see a shred of it coming from your side.
I am not the one who is arguing for the sake of it. You are. So far I haven't seen any "in depth" logical reasoning from you. I am not replying anymore to your arguments unless you come up with some real logic.
skakodker
04-24 09:23 AM
All the best everyone and may all your PDs become current right away.
I am going back to the homeland.
Can't believe I put my life on hold for this long.
I feel free again to do as I choose.
Just imagining never having to track a visa date ever again makes me feel at peace.
A slave no more for a country that so willingly gives up so much in the name of false security.
Getting used to driving on the other side should be fun!
Take care!
I am going back to the homeland.
Can't believe I put my life on hold for this long.
I feel free again to do as I choose.
Just imagining never having to track a visa date ever again makes me feel at peace.
A slave no more for a country that so willingly gives up so much in the name of false security.
Getting used to driving on the other side should be fun!
Take care!
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