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  • lazycis
    12-18 02:41 PM
    Sorry to hear about your situation. You should've taken unpaid leave for two weeks instead of a lay off. Now you definitely should not file AC21 and hope that the USCIS will not issue RFE (rarely happens). It doesn't matter how you quit, if the USCIS finds about it, it will probably deny I-485.
    Regarding Shusterman's Q&A. I am not sure where he is coming from. The law (8 USC 1154) does not provide for lay-off exception. Wait... The USCIS memo says this:

    "Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
    Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."

    So you may not be in a bad shape after all. As for whether to file AC21 papers in your situation, I am not sure. I would not do it.





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  • optimystic
    06-05 02:19 PM
    Forward movement sounds good..but even with PD current(May,June VB's) folks are just sitting and waiting..just like me..:(

    Same here. Been waiting with current PD since March.





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  • chanduv23
    04-13 08:26 AM
    I dont think there will be any movement for May and June. July could see a big movement.

    Forward or backward ???????????:D





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  • laborfd
    04-01 11:58 PM
    sent both fax



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  • gsc999
    09-19 08:05 PM
    The question, what has the rally achieved? has already been answered but only for people who actually took part in it. No one who was actually there will have this rhetorical question.

    If you still have this question than don't be disingenuous and update your anonymous profile so that we we can contact you and answer your question.





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  • saimrathi
    07-06 06:20 PM
    Nothing yet.. Hope its on tomm.. please post correct info..

    just been informed that the newscast is going is to happen tommorow. apparently there was some "breaking" news!! guys make sure you tune in tomorrow!!



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  • gc_lover
    07-06 08:54 PM
    I am still thinking... should I bump this or not :confused:





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  • rajuram
    01-05 12:15 AM
    So is it worth while to invest $500 in PMI certification?

    Yes



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  • gc_check
    08-01 10:25 AM
    Folks,

    Just now i called up USCIS (1-800-375-5283 Option 1,2,2,6,2,2,1) since my App was mailed more than 4 weeks.

    The lady who picked up was nice enough to explain me the revised ETA for receipting from 4 weeks to 60 Calendar days. She also said that they generally receipts in 2 weeks (not even 4 weeks) but because of this rush that ETA is set to 60 days. She appreciated all of our anxiety and re-assured me that i dont have to call after 60 days because the receipt will be definitely with me ( if everything is filed correctly as per rules )

    One thing i found funny - she explained me that this Rush is just for avoiding the 'Fee Increase' - She has no idea about the Retrogression and stuffs like that :)

    Good luck guys - chat with you after another 29 days !!

    The comment about the "Fee Increase" might be partially true. There is surely a surge in number of application for Naturalization, to avoid the few increase... Atleast I know a couple of friends who applied for citizenship....





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  • Guig0
    02-11 07:06 AM
    :!: we have a tie! :stunned:

    Cool =)



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  • kshitijnt
    05-02 01:10 AM
    Here are details of my interview:

    VO: what do you do?
    I: Software engineer.
    VO: How many employees in your company?
    I: 20-25
    VO: I see your english is not good. How will you be able to do your job?
    I: You are the first person to tell me in last 4 years that I cant do my job due to poor english.
    [At this point I was ticked off]
    VO: How long did you work for last employer?
    I: 18 months
    VO: How many employees in previous company?
    I: 150
    VO: How many Indians?
    I: I dont know. Ask the employer.
    VO: Is this company owned by Indians?
    I: I dont ask my boss his citizenship status.
    VO: Have you worked with them before?
    I: Yes, I am here just to revalidate my visa.
    VO: Why you are working for a small company?
    I: My preference.
    VO: How much salary do you earn?
    I: XYZ USD per annum.
    VO: Thank you very much sir, your visa is approved.

    Didnt bother to thank her, just turned my back and walked away. Visa came by mail.





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  • VSS2007
    08-26 12:02 PM
    My AP is expiring very soon. I do not have any travel plans to India in 6 months from now. Is it mandatory that I have to renew the AP before the old one expires?

    Thanks in advance.
    Ram



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  • wellwishergc
    04-10 09:19 PM
    Agreed in principle!!! You guys have done the homework. I am just narrating my wishes:); and the wish-list keeps growing!:); man, cannot wait to just get done with this process.

    Good luck and nite!!!

    Guys, let us not get carried away. The Immigration and Nationality Act clearly says that the Attorney General shall give Employment Authorization to people with pending Adjustment of Status. It is just the duration of the EAD that is left with the discretion of USCIS.

    People keep throwing around the phrase "Administrative solution". In this country, just about everything is codified by law. Some things, like the EAD duration, can be tackled Administratively. However, USCIS isn't going to give up a cash cow, viz. the fees from yearly EAD renewals, easily. It is a lot easier to have Congress mandate three year EAD extensions than to convince USCIS to do it.

    I guess the argument that BKarnik is trying to make is that USCIS should be administratively mandated to give Employment Authorizations to people with approved immigrant petitions. However, in the last few months, I have been looking at INA on a regular basis. Most immigration practices are codified in INA, and I would be really hesitant to even ask for an administrative fiat to this effect. Remember, an anti-immigrationist can equally easily have it removed. When Congress passes something, however, it has the force of law.

    I do not agree with statements like "Most USCIS practices are regulations, not law". Not true. INA codifies what USCIS should do.





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  • eb3retro
    10-19 02:08 PM
    is this for AP/EAD? and which center? did you expedite it.

    Status changed today - Card/ Document Production



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  • psolanki
    07-06 03:09 PM
    http://timesofindia.indiatimes.com/?





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  • harrydr
    11-26 12:03 AM
    This is an outstanding job done to be presented to the CIS. Hopefully, IV members can convince CIS for immigration reform and make the quarterly spillover happen soon.



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  • PingMe
    07-02 05:09 PM
    My spouse and I filed 2 AOS applications, with each being primary and dependent to each other.

    Total cost for Medicals -> $610
    Attorney fees for the spouse thru husband's company -> $800
    Attorney fees for the spouse through my company -> $3500
    Photographs/Travel/Photocopies -> $300

    Application fees thru husband's company-> $1450
    Application fees thru my company-> $790

    Total -> $7450 :-(





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  • dealsnet
    02-25 04:01 PM
    You are soliciting business from IV site. You don't have a disclaimer or no shame in doing that. You filled your charge country as UK and pretend to be GC aspirant. You can advertise your thing by paying IV, not by these cheap method of interfering here. I know you suck a big amount from people approching your firm for evaluation and take more amount (than the authorized) from them using the credit card details on file by giving lame excuse. I know many friend burn their hands.

    I did post about this. We have seen professor's expert opinion letters showing the equivalency to the MA being approved. However, the evidence does point to an equivalency to a BA.





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  • sc3
    06-20 01:50 AM
    Thought I should share my EB-3 (horror) story:

    First initiated my RIR labor in 01/2002
    PD: Aug 02,2002
    RD: Sept 18, 2003
    Approval: June 19 2007
    I765 & 131 renewed 4 times.

    Though I graduated with a Masters' degree from here back in '98, I was wrongly advised by a lawyer (who I unfortunately knew) who said I did'nt meet min. salary requirements and put me in EB-3 instead of EB-2 (though all my friends who graduated with me were in EB-2 and I knew they could'nt be making a whole lot more than I was). So if your lawyer wants to put you in EB-3 even though you're eligible for EB-2 change lawyers right away; It will mean a world of difference when things go bad. Chances are, the lawyer wants minimum paperwork & hassles to deal with. To add to bad luck, I had an Indian manager who refused to pay for my green card and even the ads for RIR labor, even though he got his green card paid for. Anyways priority dates were current for all categories back then (2002-3) just like it is today when they reclaimed unused numbers so this attorney had said EB3 vs EB2 won't be a problem and convinced me to go with EB3. This 'current' situation went on for some time (a year or so perhaps(?) to 2004 or 05; I do not remember) and then the DOS went and retrogressed EB3 back to 1999! During the year or two Priority Dates were current the INS (as it was called then) took their sweet time in processing cases progressing real slow. So when they were about 3-4 months away from processing my PD and I thought I was real close to 485 approval, the DOS did their thing and retrogressed dates all the way back to 1999 and has become current only now. It hit me with a gale force effect when it retrogressed.

    It's almost like things swing like a pendulum between the two departments. If you're real lucky and time it right things can go smooth. If not yes you're screwed like I was and things can go bad one after the other. This time around I was almost sure the USCIS will take a go slow policy and wait for dates to retrogress once again like the last time. I was very surprised by the HUGE movements of 485 processing dates. Things are looking far better this time with these dates. Focus on getting your EAD and Advance paroles ASAP. I-140 premium processing will be worth it. Good luck to you all.

    Congrats on your approval. I see that you got your labor in less than a year, surprising you got stuck with 485, lots of the ones I know got their 485s within 8-10 months during 2004-2005 time frame. Of course being in west coast meant that we waited for our labor certs for about 3 years. Green Card, not unlike death, is a great leveler. Enjoy your GC.

    BTW: Your lawyer is not necessarily wrong. USCIS will look into the company's other applicants, if most of them are applying for EB3 with your pay grade in your own company, then it becomes difficult to justify your EB2 position. USDOL may consider it as excessive tailoring of job requirements.





    abhijitp
    08-15 01:08 AM
    Will I-485 package get rejected if no employment letter attached?

    While rushing to send our packages to USCIS on July2nd, we could not get our future employment letter signed and did not include in the package. But now I have the employment letter.
    Experts, do you think I need re-file or wait out?
    Anyone is in the same boat got their receipt#s or still waiting

    Thanks
    I would not re-submit only for EVL, but it is important you review your entire AOS application set that went out to USCIS.

    I reviewed the photocopies of our AOS applications and found a few omissions e.g. not including
    1. EVL
    2. pending I-140 receipt notice
    3. Labor cert approval which would clearly show the priority date-- instead they put a wrong priority date in the covering letter.
    I decided it is a higher risk to rely on such a messed up application!

    Hence, I am working to re-submit our AOS. I asked that I review the entire application in advance this time around:) Thanks IV... I have come a long way because of YOU!

    BTW a small issue I found on my family's AOS applications:
    For my dependants... in Part (2) Application Type, I think we should check (b) my spouse or parent applied for....
    it is currently (a) an immigrant petition giving me....

    It was also (a) in their first set of AOS applications

    Am I right in saying the checkbox to be selected is (b) not (a)?

    Thanks!





    485InDreams
    08-20 09:36 PM
    I'm sorry to hear this...Its happened...
    if you really wanna bring your employer to lime light..prepare yourself..first....Remember..its your life here...anyone[including me) can give free suggestion here ....

    There is no use working with this kind of Employer anymore...so my advice is switch to another employer[Good One] before you react to this...Make sure you pretend as if you are not aware of this and get the best out of him before you leave...once you r done...then show who is he to the outside world...

    I'm sure you be having atleast mail proof...[If not ditch the plan of suing and move on with your next opportunity]....take some time and prepare all the possible proof...hire a good lawyer....File a case against the attorney in the local law chamber where the attorney is practising....they will definely call you to settle the case...make sure you record it as the proof[if you don't have one already ::)].....

    Then hit the employer...make sure you ask a collosal sum through your attorney[Never give chances]....and then post his name and details in the Immigration blogs....

    You lost one of the major milestone in your life...never give up this time....

    Best of luck




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