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  • spicy_guy
    10-19 01:37 PM
    Mine RD: Sep 3rd
    I have booked tickets for Nov 18th.
    I think I can wait until this month end to start expediting process. I will have 17 days window.

    What do you suggest guys? Is that a reasonable time or I should start right away?

    Thanks





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  • baba2s
    11-25 04:07 PM
    Thanks Pappu and IV





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  • sanju
    09-09 09:21 PM
    "You salary should be almost the same as the wages mentioned in GC labor certification application or it should not be more than 4% more than what is mentioned in the LC"?

    This is what I got from 4 separate lawyers when I was invoking AC-21. I think everybody should speak to a lawyer before invoking AC-21.

    A lot of people out there think that after getting EAD one can invoke AC-21 to change to any job at any employer. This is not true. AC-21 is pretty complicated and I think that in the future, if there is no change in the law, a lot of 485 applications will be pending for 6-8 years or more. And for the duration of this period, a lot of people will invoke AC-21. I also think that the rate for rejection for number of AC-21 cases at USCIS will be higher. Nobody told me about the approximate wait time and rejection rate. It is just what I think based upon the developing situation.





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  • hope_4_best
    04-02 11:45 AM
    sent both faxes



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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.





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  • GCplease
    02-29 01:54 PM
    Mailed mine and 2 of my co-workers' letters to IV on 2/26/08.
    Already sent them to the White House a couple of weeks ago.



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  • sgupta33
    01-15 09:58 AM
    ^^^^





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  • krishmunn
    11-20 03:49 PM
    Agreed, but still there is a quota in place for STEM graduates in H1-B regardless of the university rating/quality. The law makers/USCIS approved it - so there must be something in it that appeals to them. :rolleyes:

    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.



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  • svgupta
    05-15 12:14 PM
    I think they have to pay the minimum wage as declared in their petition.
    But I doubt whether they even send those employees on assignments. I guess they process these H1s as a carrot to retain the employees or to preprepared for any future assignments (they may not even come and the visas are never used)...

    Wish there is a different category of visas for outsourced kind of work so that H1s can be used by America based companies and H1 is not seen in such a bad light.

    Having a different category of visa sure sounds good.

    However, it would be really difficult to implement as these BIG consulting cos will easily show proof that not all deputed in US are responsible for offshoring the work.

    Another point would be that these cos charge a very high billing rate for those deputed in US and the clients (US companies, who hire these consulting cos) usually end up paying the same rate (or even more). However, the poor employees get probably just 50-60% of their billing rate.

    I do have a regard for these cos, they have changed the landscape of our indian economy, but they have exploited their employees to the hilt.





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  • nrk
    10-29 01:47 PM
    Thanks rb,

    Did you visit any country that might have triggered this?
    I worked in Kuwait and visited Bahrain, Dubai. Does any of the countries were in that list.

    Have you ever faced any issues with your last name being on no fly list?
    No


    Regards,
    NRK

    NRK,

    Did you visit any country that might have triggered this?

    Have you ever faced any issues with your last name being on no fly list?

    You have pretty much answered no to most of the questions asked by other posters. If the answers to the above questions are no too, then it must be USCIS error.



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  • desi3933
    06-19 02:52 PM
    Employer letter is not required if you are attaching photocopies of two current pay stubs.

    Thanks,
    Jayant

    Mr. Jayant -

    This is incorrect.

    Remember, GC is for the future job and I-485 is not H1 filing where you need pay stubs.

    One needs EVL for I-485. The job position must be open in order for beneficiary to file for I-485 application.

    Have a good day!





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  • beppenyc
    03-16 04:23 PM
    http://worldnetdaily.com/news/article.asp?ARTICLE_ID=49296

    Millions of illegals to become citizens?
    Kennedy-McCain immigration reform bill likely to pass Senate committee after recess

    --------------------------------------------------------------------------------
    Posted: March 16, 2006
    5:00 p.m. Eastern



    � 2006 WorldNetDaily.com

    A bill that would give millions of illegal aliens in the United States the opportunity to earn citizenship is closer to becoming law today as members of the Senate Judiciary Committee signaled likely passage of a proposal by Sens. Edward Kenney, D-Mass., and John McCain, R-Ariz.

    Though a committee vote will not be held until after a week-long congressional recess, likely March 27, committee members appeared ready to back the Kennedy-McCain bill.


    "The votes are there," said Sen. Charles Grassley, R-Iowa.

    Congress is working to pass a reform bill that includes enforcement, a policy on dealing with illegals already in the country and a guest-worker program pushed by President Bush.

    Under the legislation, illegal aliens in the United States would obtain six-year nonimmigrant visas under which they could work in the country and travel outside the country. The aliens would have to pay a $1,000 fine and undergo background checks.

    After six years, the aliens would be able to meet certain requirements and then apply for a green card, or permanent residency.

    Besides voting on the bill after the recess, committee Chairman Arlen Specter, R-Pa., said the panel also would vote on a bill by Sens. John Cornyn, R-Texas, and Jon Kyl, R-Ariz., that would give illegal aliens up to five years to leave the U.S. After returning home, they could then apply to return, either as temporary workers or for permanent residency.

    "Our intention is not to strand anyone outside the country," Kyl said, according to an AP report. But he asserted the McCain-Kennedy plan would give an illegal alien allowed to stay and work in the country a "huge advantage" over a person having to wait for years in his or her own country for a green card.


    The McCain-Kennedy bill would start off with offering 400,000 of the new visas.

    Two years ago, Bush proposed a guest-worker program that has been criticized by immigration-reform advocates as nothing more than an amnesty program for foreigners who entered the United States illegally.

    Kennedy disputed the amnesty charge: "There is no moving to the front of the line, there is no free ticket. This is not amnesty."

    Majority Leader Bill Frist has threatened to bring his own immigration bill to the floor of the Senate March 27 if the committee has not approved one.



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  • boys1729
    04-10 09:57 AM
    I know many Indian students in my uni who have cheated and plagiarized and somehow graduated and then gone to these fraud consultants who applied for their h1-b.
    Last year I knew at least few Desi masters students who were caught for plagiarism and suspended, but those guys/girls went to a desi fraud consultant who applied for their h1-b based on their bachelors while they were doing there their masters (they had no job, nothing) and guess what?.. they got it!
    There are not many desi students at my uni, I have heard these things are very common and happen at a large scale at bigger schools. A lot them of don�t bother to really study because they know would somehow find a job and visa through a bodyshop consultant after they graduate. If these students could do a job, I think anyone in the world could do what they are doing,. no talent or skill is required!
    These bodyshops consultant are just bad for everyone- for deserving students, schools and industries.
    So I think bodyshops consultant should not be allowed to apply for h1-b at least.





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  • sandy_anand
    11-10 11:49 AM
    I think I have joined IV in last 3 years or so...
    Donated money once & have called congressmen & senators many times ...

    Could someone please tell me -

    What has been achieved by IV till date? I know we all meet elected reps, officials in washington dc ..... but I am interested in end result like not wasting visa numbers , implementing spillover & along these lines.

    I have asked few friends to join IV but then if they ask me for IV accomplishments - i can't count any....

    If IV has accomplished its objectives, then there is no need for any of us to join. But anyway, the following might be listed...hope this helps.

    Immigration Voice Achievements

    1. September 2009. Streamlining of Security Screening Process for Foreign Scientists: DHS reduced the wait times for Visa stamping in foreign consulates to 2 weeks. A successful campaign was run by IV members. http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/654080-iv-update-good-news-for-people-stuck-due-to-security-checks-while-waiting-for-visas.html
    2. September, 2009. Successful completion of FOIA campaign: After filing hundreds of FOIA requests USCIS released the data of pending applications on their website. http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/630599-iv-update-on-visa-numbers-and-foia-data.html
    3. 2008: Admin Fix campaign. 2 Year EAD announced by USCIS for all that have filed AOS.
    4. 2008. Successful introduction of 3 bills in the House by Rep Zoe. Lofgren. This included elimination of per country limits Bill on which no other organization or business interest had ever advocated until that time. Immigration Voice successfully advocated these bills, brought in co-sponsors and received support from other interests for these bills.

    H.R.5882
    Title: To recapture employment-based immigrant visas lost to bureaucratic delays and to prevent losses of family- and employment-based immigrant visas in the future.
    Sponsor: Rep Lofgren, Zoe [CA-16] (introduced 4/23/2008) Cosponsors (31)

    H.R.5921
    Title: To amend the Immigration and Nationality Act to eliminate the per country level for employment-based immigrants and to end the spill-over of unused immigrant visa numbers between employment-based and family-sponsored categories.
    Sponsor: Rep Lofgren, Zoe [CA-16] (introduced 4/29/2008) Cosponsors (24)

    H.R.6039
    Title: To amend the Immigration and Nationality Act to authorize certain aliens who have earned a master's or higher degree from a United States institution of higher education in a field of science, technology, engineering, or mathematics to be admitted for permanent residence.
    Sponsor: Rep Lofgren, Zoe [CA-16] (introduced 5/13/2008) Cosponsors (34)
    5. September 18, 2007
    1. DC Rally: Thousands of high-skilled immigrants march in the US Capital!
    2. Lobby day: IV volunteers attend close to 125 meetings with lawmakers� offices to lobby for congressional intervention
    3. Paid Advertisement in the Roll Call- the newspaper that covers the Capitol Hill
    4. Media coverage: New York Times, Washington Post, Yahoo, BBC, OC Register, Business Week
    5.
    6. July 2007 Visa bulletin reversal
    1. IV breaks the good news!
    2. Flower campaign

    i. USCIS takes note of the flower campaign

    ii. Media coverage: Business Week, Reuters, Washington Post, New York Times, NPR, Others, Video coverage

    3. San Jose Rally

    i. Media coverage: Business Week

    3. CIR 2006: Manager's amendment
    1. IV lobbies to ensure that this amendment contains favorable provisions for high-skilled immigrants
    2. The amendment was PASSED, although the bill itself did not survive
    4. Access to lawmakers
    1. IV is in close contact with Hon. Rep. Zoe Lofgren�s office on several issues related to Employment Based Immigration
    2. IV closely worked with Hon. Rep. Zoe Lofgren who played an instrumental role in bringing about reversal of July Visa Bulletin
    5. Contact with USCIS. IV was the first one to bring news of the July 2007 Visa Bulletin reversal
    6. IV Spokesperson invited to conference at top US University
    7. Only organization FOR high-skilled immigrants BY high skilled immigrants
    1. Most visited site by high-skilled immigrants in the
    2. Number of registered members has risen from 50 to 25000 in less than 2 years! The following are approximate figures:

    i. 1/2006: 60

    ii. 2/2006: 600

    iii. 7/2006: 4500

    iv. 1/2007: 7500

    v. 7/2007: 15000

    vi. 8/2007: 20000

    vii. 11/2007: 25000

    viii. 07/2008: 30000

    IX. 09/2009: 36,810



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  • mihird
    09-14 03:31 PM
    I have several friends who were waiting for GC desparately and they thought it was the final destination. They had many reasons why to get GC and once they get, they will be free and can do / will do everything possible. But, once they got it, they settled in a permanent job. Without GC, they were working for the same client with even more pay and life was good if not better.

    I was thinking the same way; because I am no different.

    Oflate, I realised, I am un-necessarily worried about something which is not in my control. I realised that I am well paid, with this pay even the benefits I am not getting are compensated. Why am I worried? Should I be after GC in order to get peace of mind? I started looking it little differently. I am in this country to earn more money and live comfortably. I am already enjoying what I wanted. Then, why am I worried still? May be it is in human nature to always look for something which is not in the hands.

    I still need GC for other things like Children education and get some other benefits (our education / starting business etc). I agree, but there is lot of time for that in my case. There are several people who are in the same state as me if not all. Everyone's needs are different.

    I thought I will just share my ideas so that atleast some of the people will be happier.

    I couldn't agree with you more...

    As long as you are able to do what you want to do in life, that is what really matters. I don't have children yet, so that's not my worry. My spouse is on her own H1 and I hold two jobs on concurrent H1s.

    Between the 3 jobs, we make good money, own two houses in the US, one overseas and live a content life. That's our GC, the actual GC is nice to have but it doesn't bother us that much...I bet there are plenty of GC holders out there who haven't gotten as far as I have...in terms of working 2 jobs & owning 2 houses.

    So the moral of the story is, GC or no GC, live a good life, be content and don't miss out on the fun...don't let the GC fever bring you down..





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  • bvibhu
    08-16 03:04 PM
    I think it does not make sense even if you re-file it. Your second application may also take ages to get a receipt. In that case, should we keep re-filing endlessly??? :)



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  • sanbaj
    08-01 10:39 AM
    Hi Sanbaj,

    You are very helpful and thanks once again for sharing your experiences and knowlege on interfiling.

    Regards
    GC_wait2002
    Thanks for your appreciation. Glad that I could help.





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  • viveckj99
    09-30 04:24 PM
    applied 07/13,Nebraska
    fp aug 02
    mine approved 09/26
    cards received on hand 09/29
    total days:~73 days.
    wife EAD approved on 09/29,still waiting for mail.





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  • satishku_2000
    06-24 06:18 PM
    Once this Mela of accepting 485 is over ...looks like dates will retrogress to somewhere in 2003 or 2004 .. hopefully it is 2004





    rb_248
    11-03 10:09 AM
    EB2 likes visa bulletin predictions.
    EB3 does not.

    That explains the green or red in my opinion.

    The current USCIS policy is favoring EB2. There is no dispute about that. EB3ers are justifiably angry and are venting it out on EB2ers. What EB3ers must understand is they should be hating the game not the players. They should be hating the systems and not the other applicants. EB2ers, like me, just got lucky.

    I guess this EB2 v EB3 fight will go on until Obama takes up Immigration.





    tikka
    03-26 03:43 PM
    I spoke to a staff at Michael R. McNulty's office.
    He comes to Albany on weekends only.
    Rest of the time (5 days a week) he is in Washington.
    We can meet staff members any time betwenn 9 to 5 (no appointment required).

    Spoke to staff member at Schumer's office.
    He is not available for a meeting.
    Have set up a meeting (with staff) for 12th April 11am (nothing available for next 2 weeks).
    I was actually just trying to find out if we could schedule an appointment with Schumer. Did not expect them to set up an appointment on the phone so fast.
    We can change if this is not convenient.
    I am not sure if this is gonna help, as it is 2 weeks away.

    Please provide feedback.
    hi
    Are you going alone to Schumer's office?
    I am come along if you'd like.

    Varsha send me all the necessary docs. Let me know if I can assist in some way



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