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  • Friends,

    I have been reading a lot about recent mis-handling of AC21 cases. Majority of them were due to employer revoking an approved I-140 after 180 days of filling the I-485. While I do not know laws fully and my understanding is limited, let me share some thoughts on this.

    To me, this seems to be an un-ethical tactic by some employers; AFAIK there is no legal requirement for them to do so.

    Moreover, it is a Loose-Loose situation for all the concerned parties.

    Here is how:

    1. For candidate - additional burden of filling an MTR, risk of loosing EAD & Job and financial burden. :eek:

    2. For CIS - Addional burden & wastage of resource not only cancelling 140 and sending notice, but also most likely they will have to reverse the decision when candidate will file MTR. (For that matter, there is no fees to cancel an I-140)

    3. For employer - Employer gets nothing in return, if he doesn't want to be happy in a sadistic way. Apart from this, it is almost certain that it will bring bad name to employer among future & current employees if harassment was the only motive.

    This whole exercise seems to be useless. :confused:

    The AC21 law allows employee to move freely using EAD, why should employers be allowed to harass an employee when it is almost certain that employee has done nothing against the law? Isn't this un-ethical? This useless exercise will help none but the attorneys in terms of additional money filling an MTR.

    Can we do some brain-storming and come to some strategy to improve this situation? A letter campaign is already going on. Please share other ideas.

    One approach I can think is to meet officials and explain them to automatically disable the employers from doing so...An approved 140 should not be allowed to cancel, once 485 is filed and 180 days passed. This will stop the wastage of resources and help to improve efficiency for CIS. Is there a chance we can convince this??? more on the side of administrative fix???

    How about making an official AC21 form (like we've AR11 for address change)? CIS can charge a small fees to file for AC21, it will guarantee candidates that their AC21 application has reached to CIS.


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  • Franklin, sroym
    IV is not an Indian organization. If this is one of the reasons why few non-indian members are not making donations then please re-consider your decision and start donating.

    Also let us not dillute our fight by expanding the fight to include other problems. Once we achieve desired results, we can continue to pick up other problems and lead the fight.

    As a non-indian joining IV lately, I feel IV is more an indian organization. I had communication with one of the moderators (core members of IV) and he clearly stated that retrogession is in IV's agenda, but FBI name check is not in IV's agenda as an organization. How come retrogession which is mostly a problem for indian immigrants in the agenda of this organization, but FBI name check which is a problem for most nationalities not in the agenda of this group(maybe with the exception of Europeans)? There are over 100 members at a yahoo group, and some more registered at an immigrationportal forum with common problem of FBI name check, cases delayed for 1, 2, 3 or more years because of name check. The registered use names suggest that there are from all over the world, yet no core members of IV is caring about this matter with the exception of one person who scheduled a conference call with an attorney in PA, but did not help any more. Sorry about my humble sincere feeling.

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  • Its is very sad to read the story about the family.

    Indeed, what an ironic day... we have two headline news items concerning Indian Americans...

    The Good: A 35 year old Indian American is tapped to head the $700B bailout fund...

    The Ugly: A family of 6 dies in LA in a murder-suicide ...

    What does this say?

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    Thanks for contacting IV with your SOS.
    An IV core member is going to be helping you to fix this with USCIS. Let us know if you need help. He already tried contacting you yesterday.

    As IV grows maybe this is a help IV can extend to all its donor members and help them if they get in such extreme distress situations. This is one of the ideas we are thinking for our members in the donor group.

    I appreciate your response even if the guy is not a donor. Great job.

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  • There was another russian gentleman who got his green card 6 months back and is a student now. Yet, he had driven 3 hours from NJ just to cheer us. He mentioned that he understands how painful this process is and wanted to encourage us by attending.

    I want to thank this european who got his greencard 2 weeks back but still attended the rally. There may be more heroes like this. I was in a group of people when we spoke to him, didnt catch his name as i was encouraging bypassers to honk their cars to support our cause.

    He is over 6 foot, in immigration voice t-shirt and blue jeans. He is swedish...Please share his name if anybody knows....

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  • This is not typical, this guy sounds like a scam, ignore..................This is not a family court.According to Mislim crap,you can marry as many as you wanted, you can divorce some saying talak over the phone.This is not some thing rational, stupid muslim crap, i dont understand why every one is eager to help him.
    In Bhagavathd gita there is a situation like this, the holy man with his followers go for "biksham" (beg) to house to house. One rich women says all kind of worst words to the holy man and to his followers. In that situation, the holy man walks away from her house to next but the followers will continue to fight with her. After some time, the followers say to the holy man that "we are fight for you and you walk away without giving the support..."

    The holy man says, my goal is different than yours.

    So, when you login next time focus to help if you can. Btw, no religious or no race will teach bad things on the face of the earth. It all depends on your interprettations which nobody can change not even god because god gave you the freedom to think whatever you want to and he will not restrict you to do good or bad things in your life (which may be called as freedom). If you pursue on anything, you will achieve the same with success most of the times.

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  • Hey thanks for the reply. I see you mentioned one thing that caught my eye:

    -- They may want to file an AC-21 letter ( stating that they have permanently employed you for this position for this salary yada yada yada ... ) and definitely a G28 to change representation on your cases in case of any RFE and other communication by USCIS.

    company B is offering me a fulltime position with a 3 month introductory period in which they can fire me without having to provide any reason

    - how does this affect my AC-21 application?
    - Is there a period within which they have to file for this application?
    - Obviously i am assuming if they fire me then i will have to ask the next employer (company c in this case) to file for AC-21?
    - Also in this case does any of the 2 companies A and B have the right to revoke to I-140 or just company A?
    - do i need to worry about company B messing with my application in any sort?

    Thanks in advance and i would really appreciate if you could spent some time in responding to this asap

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  • You have used EB2 substitution labor. For EB2 you should have Masters degree or min 5yrs of work experience. Talk with your Attorney and try to get atleast 5 years of work experience certificate from your previous employers and try to match up with the labor. Open an MTR and it may help you. When you open an MTR your case will be in pending status and you can get a H1B extension based on approved labor. After getting your H1B extesnion apply for PERM labor ASAP. Then you will not have any problem.

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  • Thanks....
    Is there anyway I can find for what is RFE sent

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  • Last time Hillary introduced a bill for giving gc to spouses of gc persons. They rejected because republicans think it will add hundreds of thousands new immigrants. Basically they do not want to add new numbers. Best time is at the time CIR lobbying can be done

    H1-H1 couple can support status of each other (H1-H4 or H4-H1)
    H1-F1 couple can support each other (H1-H4 or F1-F2)

    GC guy can't support status if H1 spouse lost job and became out of status
    GC guy can't support status if F1 spouse becames out of status
    GC guy can't bring spouse from home country

    UNLESS SPOUSE/Kids goes through complete F2A visa process (several years)

    It can make life of GC spouse miserable (of course GC guy also). Imagine GC-H1 marriage, H1 out of status after loss of job. After loss of status, H1 spouse has to return, but GC spouse will try to remain in USA for own status and in hope to bring spouse back after getting citizenship.

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  • Look at the text on the service center status page!

    It says Invalid Processing Dates!

    Here is the right URL -

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  • Hi All,

    Found this on murthy site as well as on shusterman this going to add any extra mile to the things we already doing for a while?


    Looks like organization is still under construction.

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  • If an individual already has a pending AOS application on file when a retrogression occurs that places the cutoff earlier than the applicant's priority date, USCIS sets the application aside and will not adjudicate it until the priority date is current again. As an example, after months of stagnation, in June 2007 the priority date cutoffs for employment-based second and third preference (EB2 and EB3) applicants (the bulk of employment-based green card applicants) advanced dramatically for all countries of birth

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  • nice thread

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  • Good one !

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  • you guys should subscribe to the C-SPAN Programming Daily Email
    Alert! It provides primetime & LIVE next-day event scheduling information, customized to your particular interests

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  • techbuyer... If you don't mind, What's your nationality? You're a citizen of which country?

    I sent you pm
    my last name is very rare even in my country. There is only a few people with it there

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  • Hope it has an impact

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  • Just sent the Web fax. Keep up the good work team IV

    Just sent Web fax 15

    Thanks. You joined recently. we already have such issues and more on the radar and try to find opportunities to push whatever possible. The next action item and plan is posted ion another thread. As we have more information available for our members we will post on the site.

    I also did FP on Sep 20th and so far there is no update on LUD...

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