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  • gc_chahiye
    12-18 04:28 PM
    With so many people changing jobs using AC21, not only IO, everyone in USCIS will be aware of it. Let's discuss something other interesting topic rather when 180days start/end.

    IOs will see your I-485, use some calculator/software to find out of 180days and then say pass/fail. End of the game.

    :) true, a LOT of people are going to be getting very familiar with AC-21/AP/EAD.

    Back when the July VB was first published, even the birth registrar in my hometown knew about the dates becoming current (when tons of parents all landed up in his office within a day or two, trying to get certificates for their children here :)

    Airline folks who used to see a few APs here and there, are now going to be seeing a lot more people APs.

    HR folks are going to be more familar with AC-21 and EAD...





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  • dks
    05-24 12:46 PM
    sent





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  • americandesi
    07-16 10:20 PM
    Looks like it is the photos. I got the RFE after opening a Service Request and they have asked for photos. Morons. They could have made it clear in the instructions to send photos.

    It doesn't happen to everyone. A couple of my friends got the ead without sending the photos. It all depends on who processes your application. If he is an ass, you are in trouble.

    So, better send the pictures if you are planning to e-file.

    I have sent the photos and now have to wait for another 45 days. Hopefully a smart guy who knows what he is doing will process it this time.

    I was in the exact same situation in 2008. I got a RFE for photographs in-spite of being photographed at the Application Support Center. Later when I received the EAD card, it had the photograph taken from the ASC printed on it. :confused:

    I still couldn't figure out why the hell they issued a RFE for photographs then.





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  • JunRN
    01-10 05:08 PM
    If the other guy worked for the company atleast 180 days, then your employer cannot prove that he had no intention to work for the company. If the guy worked for only a short time or didn't work at all for the company, then the company can win the case.

    The greencard of the other person will be rescinded. You can then use his labor.



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  • Dj-Studios
    05-17 02:34 PM
    Thx everyone. Can't wait to see the return.:D

    Is my week up yet CG? Lol My rep here is becoming bad now cause i\of the message.:D





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  • caliguy
    09-17 04:31 PM
    kpchal2 & seekerofpeace - I have run out of ideas now.

    While we wait for October 1st (assuming visa numbers are over), what can be done in the next 13 days?

    I am checking with different attorneys, and might change from my current attorney as he is totally useless. He opened a SR for me, and everytime I call him, he tells me to wait for 30 days.

    I have taken Infopass, met the local senator, opened SR and nothing worked. Any ideas on what can be done next?



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  • she81
    06-10 07:19 PM
    There's a EB3 140 approval drought in not just NSC, but TSC too. I think it's going to get worse with EB3 becoming U. I am myself EB3 Mar 2005 and my job isn't looking very stable after my company resorted to outsourcing.

    Can we suggest to AILA reinstatement of premium processing for those who've waited beyond some acceptable period of time? The same way they are doing for people whose H1's are at the brink of expiration.

    I don't see any other way they will ever give heed to this problem i.e. where no monetary gains are involved.





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  • pom
    05-17 06:13 PM
    DJ, that's a great volley! And thanks for the psd, it's real interesting. I wished everybody did the same *tears* then the world would be a better place! *sob*



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  • fromnaija
    02-21 11:59 AM
    what is EVL ?

    Employment Verification Letter.





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  • immilaw
    09-29 01:12 PM
    Wata,

    If I were you, I would rather wait atleast till Nov 2006 before converting I-140case to premium processing because as you said NSC is currently processing I-485 cases for Dec 2005 and it would take 5/6 months more from now to come to June/July 2006 to process I-485 at current pace. But Again this is my personal thought....

    Moreover, in order to take advantage of AC21 portability you I-140/I-485 case has to be 6 months old. So getting I-140 approved through premium processing does no good as you would have to wait till Dec 2006 anyway for your I-140/I-485 case to become 6 months old.

    Thanks,
    Law Loving Alien

    Law Loving Alien, I suggest you change your name to Law Loving "Legal" Alien ;)



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  • sixburgh
    05-04 11:15 AM
    Update:
    I got the results back from the civil surgeon.
    He basically attached the original i693 form, updated the TB section which he had forgotten earlier. He also had taken an xray, so attached an xray report. Both of these, he sealed them in an envelope and I shipped that to USCIS with a covering letter and original RFE letter.
    USCIS accepted it the next day and since that day I am seeing a lot of LUDs for my wife's case. I am sure that this is normal. I will just have to wait until they find something new! For now I think everything looks good.





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  • sixburgh
    08-04 12:00 PM
    Thanks for sharing your experience. Please let us know where did you get your stamping and also what questions and documents were asked?

    Thanks.

    Mumbai consulate.
    They asked for zero documents.
    I had taken a ton of documents
    Salary slips
    Tax returns
    I129 petition copy
    H1 approval
    Name it I had it

    But he asked me nothing



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  • satish_hello
    07-19 02:17 PM
    Hi ,

    Even i got this same message on 5/19/2008, please look at my all posting, we have been discussing in seperate thread.

    It is Hard LUD.

    Please update if you get any info.

    Thanks





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  • ItIsNotFunny
    11-12 02:29 PM
    Chandu, here I found the LINK (http://www.murthy.com/news/n_porret.html)

    "When explaining the risk of potentially stricter AC21 regulations to I-485 applicants, we are frequently asked, "If I change jobs under AC21 and the regulations are released after that, they won't apply to me, right?" Unfortunately, this is not correct. While it is not possible to predict the content or effective date of any future regulations, they will likely apply at the time of adjudicating the I-485 application, and not just when the job change occurs. In a hypothetical example, if new regulations were to limit the percentage of acceptable salary difference, or prevent multiple portings, the officer adjudicating the I-485 could decide that the job change violates the regulations, even if the change occurred months or years before the new regulations were issued."

    Redgreen, please read :)



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  • tonyHK12
    05-09 10:00 AM
    This is why I said 221G is a good initiative. Even if people have to suffer a little bit, full check is needed for every visa stamping and every green card application.

    I guess its much better for frauds to have an EAD/AP, then they can easily bypass the checking at consulates.





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  • sanbaj
    11-08 03:15 PM
    Murthy's lawyer suggested Consular processing as an option.

    She explained that in Consular processing I still need continued Sponsorship from my firm, but it will revoke my 485 application. I will end up filling bunch of forms with USCI, including 824.

    This was my PD will remain intact and when it becomes current, I will have to go to Indian Consulate and get Immigrant Visa from there.

    IN this whole process My firm needs to continue sponsor my GC processing. Advantage is : I don't have to come and renew my EAD and AP every year.
    If you really want to maintain your PD, you can go for CP while studying. After school finishes, if need be, you can always come back on H1 again before your GC is complete. This way you will have both options Europe and USA !!



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  • qualified_trash
    10-09 11:00 AM
    Dilbert_cal:

    Does this mean that with AC-21, I can just switch jobs (provided it is similar), and that my PD etc remains the same and that I don't have to do my labor and I-140 again? My I-485 has been filed for more than a year now (my 140 is also approved), and while I would like to change my job, I don't want to do the whole thing again.

    Your response will be HIGHLY appreciated, bcuz you seem to know this stuff well.

    qplearn
    yes!!

    with AC21, you do not have to do the whole thing again......... that I am sure of!!





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  • felix31
    12-14 02:47 PM
    I, personally, do not know anyone who lives in Canada and is complaning about jobs. Every beginning is difficult but for us who come to Canada from the US, I do not think the beginning would be difficult at all. Even with their famous Canadian exp only requirements....

    Also, when you guys weigh in job prospects in Canada in comparison to being on H1 in the US, do you consider that your spouses would have a fair chance to at least re-start their careers or start their new careers, or do you think / know that your spouses will actually continue to stay at home?

    In that case there is no difference between staying here or going there, right?





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  • meridiani.planum
    04-03 06:44 PM
    Thanks for the reply but how did you conclude 'Future AC21 Changes' will be retroactive?

    again from the same Murthy article:
    http://www.murthy.com/news/n_porret.html

    When explaining the risk of potentially stricter AC21 regulations to I-485 applicants, we are frequently asked, "If I change jobs under AC21 and the regulations are released after that, they won't apply to me, right?" Unfortunately, this is not correct. While it is not possible to predict the content or effective date of any future regulations, they will likely apply at the time of adjudicating the I-485 application, and not just when the job change occurs. In a hypothetical example, if new regulations were to limit the percentage of acceptable salary difference, or prevent multiple portings, the officer adjudicating the I-485 could decide that the job change violates the regulations, even if the change occurred months or years before the new regulations were issued.





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    04-18 12:29 AM
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    pd_recapturing
    10-19 01:56 PM
    I did some more research on this topic. Here are some links:

    http://boards.immigration.com/showthread.php?t=205051&highlight=interfile

    http://www.immigrateusa.us/index.php?option=com_content&task=view&id=75&Itemid=58 (Search for "Interfiling of I-140 and I-485")



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