desi3933
07-08 04:00 PM
.....
I am not saying that this is a case on employers. If at all it would be a case against the discriminatory laws of the congress which allow someone to stay indefinitely but, do not allow them to work.
From legal point of view, you are incorrect.
What do you mean by "not allow them to work"? Actually AC-21 weaken the case you are mentioning. Since pending/approved I-140 allows extension of H-1 indefinitely, that alone takes your point away.
When I was on H-1, that time one couldn't extend beyond 6 years, no matter what. Now, case is much different. There are so many working for the employer just on the basis of I-140 alone after 6 years of H1.
Unfair does not always mean illegal.
.
I am not saying that this is a case on employers. If at all it would be a case against the discriminatory laws of the congress which allow someone to stay indefinitely but, do not allow them to work.
From legal point of view, you are incorrect.
What do you mean by "not allow them to work"? Actually AC-21 weaken the case you are mentioning. Since pending/approved I-140 allows extension of H-1 indefinitely, that alone takes your point away.
When I was on H-1, that time one couldn't extend beyond 6 years, no matter what. Now, case is much different. There are so many working for the employer just on the basis of I-140 alone after 6 years of H1.
Unfair does not always mean illegal.
.
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anukcs
09-30 03:13 PM
I'm currently on my 4th EAD & AP, and I used AC21 twice so far to switch jobs (similar job descriptions, including the specific technologies I worked on). On both occasions, I have not informed USCIS. My attorney said one is not legally required to do so, and that we could respond if there is any RFE.
But I also know that there are lot of attorneys out there who recommend informing USCIS about the job change. I don't personally know of anyone who have used AC21 and went on to get the green card, so I can't really tell which approach is better. In either case, make sure to have all relevant paper work with you - specifically the experience letters from old employers with proper job descriptions.
As for the salary increases when changing jobs, I did talk to more than one attorney about this. And what I heard consistently was that higher salary is not as much of a problem as lower salary could be. In my case, I had salary increases of more than 30% each time I changed jobs, and I am doing fine so far. Whether that becomes a problem for me or not, I will deal with it when it happens.
I traveled out of the country a couple of times using AP. On my return to US, at the port of entry (SFO), I was asked if I still worked for the company that originally sponsored my GC application. I told them I changed employers using AC21, and that I was not legally required to inform USCIS about the job change. And they let me go without causing any trouble. Not sure if anyone else had different experiences in such case, but the immigration officers at SFO seem to be somewhat easier to deal with (assuming you haven't done anything wrong, of course).
I did have trouble with AC21 once. I ended up having a gap between my 2nd and 3rd EADs (so did my wife too), as we tried to do too much 'optimization' of EADs. Well, we learned the hard way that 'optimization' effort is bad, as both of us had to stop working during the gap. It's not a very pleasant feeling having to explain our respective employers that we had such issue. We lost money too, as we couldn't be legally paid during the gap - in addition to the unnecessary stress. I wish USCIS issues EADs with longer validity period - something like 3 years (but I once heard Aman say that they couldn't do so due to a software glitch in their system!!). In any case, we are now filing for EAD renewals well in advance of the current one's expiry.
Other issues with AC21 that we faced are things like having to pay for EAD and AP renewals every year, which is quite expensive. I guess you could negotiate this with your new employer when changing jobs. And the sheer inability to change your job roles or take on more responsibilities (on paper too!) is frustrating, but that is more of a lengthy GC processing symptom than an AC21 issue.
All things considered, I think AC21 is good. It's got it's set of issues, especially if you don't use it wisely, but it at least lets you have some kind of progress in your careers. The way I see it, if there is no career progress, I can at least make more money. You got to gain something over years of waiting to keep you going!
Thanks for the info. How early we should renew the EAD? TIA. anukcs
But I also know that there are lot of attorneys out there who recommend informing USCIS about the job change. I don't personally know of anyone who have used AC21 and went on to get the green card, so I can't really tell which approach is better. In either case, make sure to have all relevant paper work with you - specifically the experience letters from old employers with proper job descriptions.
As for the salary increases when changing jobs, I did talk to more than one attorney about this. And what I heard consistently was that higher salary is not as much of a problem as lower salary could be. In my case, I had salary increases of more than 30% each time I changed jobs, and I am doing fine so far. Whether that becomes a problem for me or not, I will deal with it when it happens.
I traveled out of the country a couple of times using AP. On my return to US, at the port of entry (SFO), I was asked if I still worked for the company that originally sponsored my GC application. I told them I changed employers using AC21, and that I was not legally required to inform USCIS about the job change. And they let me go without causing any trouble. Not sure if anyone else had different experiences in such case, but the immigration officers at SFO seem to be somewhat easier to deal with (assuming you haven't done anything wrong, of course).
I did have trouble with AC21 once. I ended up having a gap between my 2nd and 3rd EADs (so did my wife too), as we tried to do too much 'optimization' of EADs. Well, we learned the hard way that 'optimization' effort is bad, as both of us had to stop working during the gap. It's not a very pleasant feeling having to explain our respective employers that we had such issue. We lost money too, as we couldn't be legally paid during the gap - in addition to the unnecessary stress. I wish USCIS issues EADs with longer validity period - something like 3 years (but I once heard Aman say that they couldn't do so due to a software glitch in their system!!). In any case, we are now filing for EAD renewals well in advance of the current one's expiry.
Other issues with AC21 that we faced are things like having to pay for EAD and AP renewals every year, which is quite expensive. I guess you could negotiate this with your new employer when changing jobs. And the sheer inability to change your job roles or take on more responsibilities (on paper too!) is frustrating, but that is more of a lengthy GC processing symptom than an AC21 issue.
All things considered, I think AC21 is good. It's got it's set of issues, especially if you don't use it wisely, but it at least lets you have some kind of progress in your careers. The way I see it, if there is no career progress, I can at least make more money. You got to gain something over years of waiting to keep you going!
Thanks for the info. How early we should renew the EAD? TIA. anukcs
spulugur
02-27 08:12 AM
$100 - Transaction ID: 1GV95902XD022880S
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madhu345
05-06 06:55 AM
I'm depressed not for retrogression(Which we know where its coming from) but because of uncertainty weather every day hitting us :)
-Madhu
-Madhu
more...
sam2006
11-21 01:23 PM
Lets us all Pray and hope for the best for Mehul
raghav0
09-24 01:03 PM
I cant believe that this kind of "Crab Mentality" would still exist especially now when we need to stop cribbing about these petty issues and unite to fight for our cause...Please GROW UP!!!
more...
stldude
08-13 03:56 PM
SRC is always Texas , LIN is Nebraska. Also when you input the receipt number in USCIS case status website it tells you which center this application is with.
can you tell by the images of cashed checks that were they cashed by TSC or NSC... or any kind of SRC# or LIN# on them to indicated whether it was cashed by TSC or NSC?
can you tell by the images of cashed checks that were they cashed by TSC or NSC... or any kind of SRC# or LIN# on them to indicated whether it was cashed by TSC or NSC?
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dtekkedil
07-03 08:05 AM
Can we setup a separate payment account for those willing to contribute to this campaign? It becomes difficult to coordinate if every individual goes on to mail the flowers. Instead we should all contribute to the "send a flower" campaign and then the person in charge of the account should send those flowers (with the note) on a pre-selected date.
It makes things easier for people and they may be more willing to participate!
The other thing is to raise awareness about this campaign! Mail your friends...
It makes things easier for people and they may be more willing to participate!
The other thing is to raise awareness about this campaign! Mail your friends...
more...
pappu
11-19 04:23 PM
Question to IV core...
After receiving the standard email respose from the congressman/senator...I am wondering are they even aware about the legal immigrants. All we are getting the standard template which is talking about only illegals and DREAM.
No mention about legals ?
Please read my earlier responses on this thread. We need to now take up this issue further and tell them we did not get satisfactory response and need serious attention to our issue as a constituent.
After receiving the standard email respose from the congressman/senator...I am wondering are they even aware about the legal immigrants. All we are getting the standard template which is talking about only illegals and DREAM.
No mention about legals ?
Please read my earlier responses on this thread. We need to now take up this issue further and tell them we did not get satisfactory response and need serious attention to our issue as a constituent.
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phillyag
08-25 01:47 PM
No I did not...the date before it was of back in 2008.
My PD is Jan-17-2006 at NSC.
I got another soft LUD today but no change to my 485 status.
What does this mean ? I already got my approved EAD card 2 weeks back and the only thing pending is the 485 application.
My PD is Jan-17-2006 at NSC.
I got another soft LUD today but no change to my 485 status.
What does this mean ? I already got my approved EAD card 2 weeks back and the only thing pending is the 485 application.
more...
whiteStallion
11-17 09:32 PM
Sent the email...
Thanks for streamlining this process which only took a few seconds...
Kudos to the IV team again !
Thanks for streamlining this process which only took a few seconds...
Kudos to the IV team again !
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drona
07-10 12:05 AM
The immigration lawyers are talking about the flower campaign! Matthew Oh reported it on his website. So did Bender's Immigration Bulletin. Now this is the latest from Greg Siskind's blog!
http://blogs.ilw.com/gregsiskind/
http://blogs.ilw.com/gregsiskind/
more...
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ganguteli
01-29 06:37 PM
I think the grace period is 90 days from the date of start of H1B written in the approval notice. After that your H1B is void. But I think you need to inform USCIS that you wish to continue on H4. Otherwise it can create problems on out of status when you apply for green card.
If you got a I94 with approval, then technically you have been converted to H1B. Having a visa on passport is just a formality for travel. But you can stay in the country on H1B as long as it is valid and you continue to hold the job of the sponsor. If you do not hold the job of the sponsor and you could not transfer the visa on time, you become illegal. At the time of re-entry, you can be denied and barred for 10 years if it is found that you stayed illegally.
Also remember, once you accept the job on H1B and you are on H1B and you lose your job... then you have to leave the country in 15 days. This is kind of a grey area as I have not seen 15 days in black and white anywhere but have read that it is 15 days and am not sure how strictly it is enforced. But do not think you can stay for month/s illegally because that will hurt you in your GC application. But staying out of status can create problems in greencard application. If that happens you must immediately petition to revert back to H4. In your case, have you worked for a single day on H1B? Have you pad any taxes on H1B? Do you take insurance from your employer? Are you technically on Bench? Remember 'Bench' is not defined in law and being on bench also means you are employed.
So you need to see which scenarios fit in your case and act accordingly.
If you got a I94 with approval, then technically you have been converted to H1B. Having a visa on passport is just a formality for travel. But you can stay in the country on H1B as long as it is valid and you continue to hold the job of the sponsor. If you do not hold the job of the sponsor and you could not transfer the visa on time, you become illegal. At the time of re-entry, you can be denied and barred for 10 years if it is found that you stayed illegally.
Also remember, once you accept the job on H1B and you are on H1B and you lose your job... then you have to leave the country in 15 days. This is kind of a grey area as I have not seen 15 days in black and white anywhere but have read that it is 15 days and am not sure how strictly it is enforced. But do not think you can stay for month/s illegally because that will hurt you in your GC application. But staying out of status can create problems in greencard application. If that happens you must immediately petition to revert back to H4. In your case, have you worked for a single day on H1B? Have you pad any taxes on H1B? Do you take insurance from your employer? Are you technically on Bench? Remember 'Bench' is not defined in law and being on bench also means you are employed.
So you need to see which scenarios fit in your case and act accordingly.
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kannan
05-19 04:39 PM
Called 3/14 the first time and was told that FP would be scheduled. Never heard so called again on 5/9 and this time was told to callback after 60 days from the initial call.
I spoke with one rep who said that they are processing "June 29th" applications so you have to wait for your "Biometrics Appointment". I am kinda lost on this one.
What is the best number to reach the right Customer Service department alongwith the options to reach a live person to speak with who can actually schedule the Biometrics Appointment.
Am a July 2nd Filer - Actual Application filed on Sep 10th.
Cheers,
On May 2 nd I called Customer Service Center and told them that I did not get FP and Biometrics .I used the words that I was depressed ,worried and all others who applied after me got FP but I did not get it ,my son going to be 21etc .......Finally Male IO scheduled FP immediately for me and my family on May 16.I saw LUD on Friday itself and another Lud on sunday ,I got the letter on next wednesday and i finished my fp on may 16 .
Options That I choose
1-800-375-5283
1
2
2
6
1
R.no
1
3
4
I spoke with one rep who said that they are processing "June 29th" applications so you have to wait for your "Biometrics Appointment". I am kinda lost on this one.
What is the best number to reach the right Customer Service department alongwith the options to reach a live person to speak with who can actually schedule the Biometrics Appointment.
Am a July 2nd Filer - Actual Application filed on Sep 10th.
Cheers,
On May 2 nd I called Customer Service Center and told them that I did not get FP and Biometrics .I used the words that I was depressed ,worried and all others who applied after me got FP but I did not get it ,my son going to be 21etc .......Finally Male IO scheduled FP immediately for me and my family on May 16.I saw LUD on Friday itself and another Lud on sunday ,I got the letter on next wednesday and i finished my fp on may 16 .
Options That I choose
1-800-375-5283
1
2
2
6
1
R.no
1
3
4
more...
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anzerraja
07-20 12:35 AM
Dagabaaj !
Thanks for your contribution !!!
We sincerely hope that finding 640 (with $100) each is definitely not a big deal in an organization like IV.
TOGETHER WE WILL GET IT DONE TOMMOROW.
$100 from me.......I will try to convice some more this weekend...lets move the drive to end on Monday......my2censt....
Thanks for your contribution !!!
We sincerely hope that finding 640 (with $100) each is definitely not a big deal in an organization like IV.
TOGETHER WE WILL GET IT DONE TOMMOROW.
$100 from me.......I will try to convice some more this weekend...lets move the drive to end on Monday......my2censt....
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gc28262
07-20 10:29 PM
If America is so unfair, who/what is compelling you to stay, heard there is an apartment available in Nandita's bulding in Bombay.
I have my reasons to stay here which you will never understand.
I have my reasons to stay here which you will never understand.
more...
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GCKaIntezar
06-16 02:01 PM
Also, received Finger Printing (Biometrics) Notice today in the mail. Appointment is in three weeks.
Cool bud. You seem to be going on expressway..
Good luck to all of us.
Cool bud. You seem to be going on expressway..
Good luck to all of us.
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apahilaj
02-18 10:57 AM
I am assuming you guys saw this:
http://www.uscis.gov/files/pressrelease/USCISUpdate(biometricchanges)(17Feb08).pdf
USCIS will consolidate FPs for 485 and EADs. So if we don't receive biometrics for 485, hopefully we will get one for EAD renewal which will also serve the purpose for 485 processing.
Note: This only applies to concurrent filers of 485 and EAD.
http://www.uscis.gov/files/pressrelease/USCISUpdate(biometricchanges)(17Feb08).pdf
USCIS will consolidate FPs for 485 and EADs. So if we don't receive biometrics for 485, hopefully we will get one for EAD renewal which will also serve the purpose for 485 processing.
Note: This only applies to concurrent filers of 485 and EAD.
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Honda
09-09 10:30 PM
We want to do some thing for elimination of backlogs Especially for EB3 - India Else we wont see any more progress.
All EB3 people please share your thoughts to resolve this issue.
All EB3 people please share your thoughts to resolve this issue.
hiUS
09-11 10:27 AM
I did try to talk to customer care but it was of no help.
They tell me to wait for 30 days and sometime 60-90days.
They say you will become actual permanent resident when you get the card The card is important.
You now USCIS don�t know when they will change their minds.
To better be on safe side to get it stamped on my passport. I took info pass on 09-11-08 it will be almost 30 days,
let�s wait and see
approved on 8-12-08
NoWelcome notice Or Card
Hi GCEB2,
Please share you Infopass experience after you are done with it today. My case is exactly same as yours.
They tell me to wait for 30 days and sometime 60-90days.
They say you will become actual permanent resident when you get the card The card is important.
You now USCIS don�t know when they will change their minds.
To better be on safe side to get it stamped on my passport. I took info pass on 09-11-08 it will be almost 30 days,
let�s wait and see
approved on 8-12-08
NoWelcome notice Or Card
Hi GCEB2,
Please share you Infopass experience after you are done with it today. My case is exactly same as yours.
485Mbe4001
03-28 11:31 AM
:D yes. I want to predict what I will do (or what i want to do) to USCIS, but i will be banned.;)
Yep, I want to predict what USCIS may do,,, not what I want USCIS to do :)
Yep, I want to predict what USCIS may do,,, not what I want USCIS to do :)
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