IV is not a mere website but an Organization. 95%% of IV activities happen as an organization - the website is just an interface. So you may not know what is happening and not properly informed
Juluy reversal was easy - all they had to do was fi a screwup, but changing legislation is not so easy. Companies, Lawyers, everyone have been trying hard to convince law makers to bring in changes to legislation - this effort has been happening for a long time - It is just not one rally that will solve the problem.
To bring i legislative changes some amount of activism also is necessary at times to wake up people.
IV is backed by Lawe Firms and Employers and is the largets grassroots organization for Skilled Immigrants.
A massive mobilization effort is the only way we can see results and the capacity to do that is only in the hands of IV - primarily because of the membership base and efficient leaders, very honest and sincere leaders etc...
In the past alsothe only way changes started happening in legislation is by grassroots movements only.
Yes, to answer your question - we are not sure if issues will be fixed, but then we are making a headway.
There may be more activities and rallies in future, IV follows stuff with strategy.
Yes, you can definitely help IVs cause by being a sincere and honest and dedicated member of IV.
Please support IV to support yourself
Juluy reversal was easy - all they had to do was fi a screwup, but changing legislation is not so easy. Companies, Lawyers, everyone have been trying hard to convince law makers to bring in changes to legislation - this effort has been happening for a long time - It is just not one rally that will solve the problem.
To bring i legislative changes some amount of activism also is necessary at times to wake up people.
IV is backed by Lawe Firms and Employers and is the largets grassroots organization for Skilled Immigrants.
A massive mobilization effort is the only way we can see results and the capacity to do that is only in the hands of IV - primarily because of the membership base and efficient leaders, very honest and sincere leaders etc...
In the past alsothe only way changes started happening in legislation is by grassroots movements only.
Yes, to answer your question - we are not sure if issues will be fixed, but then we are making a headway.
There may be more activities and rallies in future, IV follows stuff with strategy.
Yes, you can definitely help IVs cause by being a sincere and honest and dedicated member of IV.
Please support IV to support yourself
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My application was sent to Vermont instead of Nebraska service center on July 2nd . I have not got any reciept number and lawyer is not confirming if the checks are cashed.
I am not sure what will happen to the application. Should I refile? The FAQ did say that they will forward it to correct Service center, but I don't have confidence in how they will handle it.
Should I refile?
I am not sure what will happen to the application. Should I refile? The FAQ did say that they will forward it to correct Service center, but I don't have confidence in how they will handle it.
Should I refile?
anybody who received AP from local office?
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This is what you can do - Both in Mumbai and in Delhi, you have USCIS approved doctors who help people going through CP. In other words those who choose to go through emp based CP or family based Green Card which US embassy issues, go through Indian hospitals in Mumbai and Delhi. I think Gangaram in Mumbai has this facility. Ask your wife to get it done from there. Do not wait till the last moment, as someone pointed out, a slight delay in flight could............
Note that for employment based adjustment of status cases, the medicals ABSOLUTELY have to be done in the US by a USCIS approved civil surgeon. One can get the immunizations done in their home country, however the exam has to be done in the US.
Note that for employment based adjustment of status cases, the medicals ABSOLUTELY have to be done in the US by a USCIS approved civil surgeon. One can get the immunizations done in their home country, however the exam has to be done in the US.
Guys, there is real substance to what oscarzumaran says as well......
It is not fair to shout at him unless u understand the issue bereft of any emotions.
I think the AZ is the right thing to force illegal immigrants out of AZ since its bringing the economy down to its knees.
Moreover the AZ law is excatly the same as the current Federal law, its just that AZ is implementing it thru a state law, so why shd the feds object to it.
If you folks think that AZ law is wrong then why should other sanctuary states who prevent illegals from been sent back be allowed to pre-empt the fed law , even these states should be challenged.
We legal citizens are required by fed law to carry legal docs at any time(even though u may not like it), AZ is just enforcing the law
IV is all about legal immigration and does not support illegal immigration as I know it, Its a folly to think that if we support the feds they will support legal immigration and give GC's faster......Can anyone be 100% sure that the politicians will not drop the legal provisions from CIR just to get some votes to get the illegal immigrations laws in CIR thru......havent u seen how the healthcare bill was passed
How could you all support illegals when u are here legally? would you let pakistanis enter India without Visas or let palestines into Isreal just like that?, would Mexico allow Asians into their country just like that, heck NO.
Stop criticizing folks for stating their point of view, each one has a right to his opinion, so does oscarzumaran.
I dont care if you give some reds, hope oscarzumaran will compensate with some greens :)
I think you are missing the point cbpds.........Oscarzumaran is entitled to his opinion and so are others. What many of us are trying to say is that don't express them here. IV team has repeatedly said that antagonizing any other immigration based group (illegal, family based, asylum, even anti immigrants!!) does not help us in our march to get what we want. By talking ill of the other group, we are actually hurting ourselves. Time and time again, it has been proved that being united works better compared to being divided. Why do we want to gain the wrath of any group unnecessarily? Its not like IV is working on undocumented issues........
Anybody can have any opinion he/she chooses to have. But don't share the opinion in a forum where the leaders are requesting/asking not to do so for the good of our advocacy.
And also, IV is for legal immigrants. Period. I don't believe it has a stand on illegal immigration. Period. There is a huge difference between the two.
It is not fair to shout at him unless u understand the issue bereft of any emotions.
I think the AZ is the right thing to force illegal immigrants out of AZ since its bringing the economy down to its knees.
Moreover the AZ law is excatly the same as the current Federal law, its just that AZ is implementing it thru a state law, so why shd the feds object to it.
If you folks think that AZ law is wrong then why should other sanctuary states who prevent illegals from been sent back be allowed to pre-empt the fed law , even these states should be challenged.
We legal citizens are required by fed law to carry legal docs at any time(even though u may not like it), AZ is just enforcing the law
IV is all about legal immigration and does not support illegal immigration as I know it, Its a folly to think that if we support the feds they will support legal immigration and give GC's faster......Can anyone be 100% sure that the politicians will not drop the legal provisions from CIR just to get some votes to get the illegal immigrations laws in CIR thru......havent u seen how the healthcare bill was passed
How could you all support illegals when u are here legally? would you let pakistanis enter India without Visas or let palestines into Isreal just like that?, would Mexico allow Asians into their country just like that, heck NO.
Stop criticizing folks for stating their point of view, each one has a right to his opinion, so does oscarzumaran.
I dont care if you give some reds, hope oscarzumaran will compensate with some greens :)
I think you are missing the point cbpds.........Oscarzumaran is entitled to his opinion and so are others. What many of us are trying to say is that don't express them here. IV team has repeatedly said that antagonizing any other immigration based group (illegal, family based, asylum, even anti immigrants!!) does not help us in our march to get what we want. By talking ill of the other group, we are actually hurting ourselves. Time and time again, it has been proved that being united works better compared to being divided. Why do we want to gain the wrath of any group unnecessarily? Its not like IV is working on undocumented issues........
Anybody can have any opinion he/she chooses to have. But don't share the opinion in a forum where the leaders are requesting/asking not to do so for the good of our advocacy.
And also, IV is for legal immigrants. Period. I don't believe it has a stand on illegal immigration. Period. There is a huge difference between the two.
Hello Guys,
I am planning to utilize AC21. My PD is OCT 2005, EB2 India, I-140 was approved in June 2006 and I-485 filed on 2nd July 2007.
The question I have is if my current employer can do anything, I mean anything at all, now?
Thank you.
I am planning to utilize AC21. My PD is OCT 2005, EB2 India, I-140 was approved in June 2006 and I-485 filed on 2nd July 2007.
The question I have is if my current employer can do anything, I mean anything at all, now?
Thank you.
Sanbaj,
Congrats for the GC !!!
You mentioned that both of your cases are under EB2, correct? Normally people will do interfile (PD Amendment) from one category to another, like EB3 to EB2.
Can you please share why you ported in the same category? Or because of some other reason?
-Immi_Chant
One I140 has PD of Oct-2006 and the other one has PD of Feb/2002. In Mar/08 EB2 was completely U, but I had hope that it will turn around and I will be able to use older PD based I140. That is exactly what happened when NSC 485 processing times reached my app's RD. Mine was not to switch categories, but to use the earlier PD.
Congrats for the GC !!!
You mentioned that both of your cases are under EB2, correct? Normally people will do interfile (PD Amendment) from one category to another, like EB3 to EB2.
Can you please share why you ported in the same category? Or because of some other reason?
-Immi_Chant
One I140 has PD of Oct-2006 and the other one has PD of Feb/2002. In Mar/08 EB2 was completely U, but I had hope that it will turn around and I will be able to use older PD based I140. That is exactly what happened when NSC 485 processing times reached my app's RD. Mine was not to switch categories, but to use the earlier PD.
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Visa Bulletin For December 2010 (http://travel.state.gov/visa/bulletin/bulletin_5197.html)
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So either they hire and pay and make their responsibility to find job or don't file for H1b's
USDream2dust
That is already the law. But this law has been proved to be virtually impossible to enforce. The only practical solution is to deny H1-B's to consulting firms (at least for the positions that require the employee to work at the client location).
USDream2dust
That is already the law. But this law has been proved to be virtually impossible to enforce. The only practical solution is to deny H1-B's to consulting firms (at least for the positions that require the employee to work at the client location).
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OK, they'll raise the fees (I can live with that). But how do we improve the chances of better services?
USCIS is asking for comments....If IV would be so kind as to submit comments for the raising of the fees. I humbly throw these out for discussion:
Accept the fee increases providing:
1) That USCIS propose public standards of reducing processing times to 30 days+10 day security check.. Automatically produce an EAD if it takes longer. Hey. We're all still in the country whether the process succeeds or not right? We would just appeal, submit more info or beat it until it's done. Who's any safer?
2) That RFEs not be used to manage work levels. Plus they ought not to reset the 90 day clock to zero if they issue one. That is ridiculous and unheard of.
3) That they simplifiy applications (a la Canada) so that "lay persons" can (carefully) fill in the forms. Lawyers not required.
4) That the USCIS abide by the laws. Especially regarding FBI name checking. We have a duty to follow the law. I'm careful to do so. The government should be careful to do so as well.. Call me a radical.
5) That they publish proposals to stream line the process with modern business methods and concrete goals. The increases should be tied to fulfilling stated goals of improvements of service. Otherwise they roll back. Have a 3rd (independent) party decide if the goals have been met in three years.
If we tax payers are giving them extraordinary increases in fees, we should at least expect some meaningful process improvements. Simply claiming that they need-the-cash-for-process-improvements is not sufficient. What is to prevent them from using the money to give everyone big raises and bonuses and a nice fancy new office, and big fancy new computers if they're going to continue to use paper and use the computers to access rickety old systems with terminal emulators? I'd love to deal with happy USCIS employees, but I'd love it even more if I had to deal efficient USCIS employees. (Give them the tools and they'll be happier!)
Be careful with point 3 lawyers will not be happy.
You can add
6. Stop using Commodore 64 for processing applications. Move to something called Doors ... sorry Windows;)
USCIS is asking for comments....If IV would be so kind as to submit comments for the raising of the fees. I humbly throw these out for discussion:
Accept the fee increases providing:
1) That USCIS propose public standards of reducing processing times to 30 days+10 day security check.. Automatically produce an EAD if it takes longer. Hey. We're all still in the country whether the process succeeds or not right? We would just appeal, submit more info or beat it until it's done. Who's any safer?
2) That RFEs not be used to manage work levels. Plus they ought not to reset the 90 day clock to zero if they issue one. That is ridiculous and unheard of.
3) That they simplifiy applications (a la Canada) so that "lay persons" can (carefully) fill in the forms. Lawyers not required.
4) That the USCIS abide by the laws. Especially regarding FBI name checking. We have a duty to follow the law. I'm careful to do so. The government should be careful to do so as well.. Call me a radical.
5) That they publish proposals to stream line the process with modern business methods and concrete goals. The increases should be tied to fulfilling stated goals of improvements of service. Otherwise they roll back. Have a 3rd (independent) party decide if the goals have been met in three years.
If we tax payers are giving them extraordinary increases in fees, we should at least expect some meaningful process improvements. Simply claiming that they need-the-cash-for-process-improvements is not sufficient. What is to prevent them from using the money to give everyone big raises and bonuses and a nice fancy new office, and big fancy new computers if they're going to continue to use paper and use the computers to access rickety old systems with terminal emulators? I'd love to deal with happy USCIS employees, but I'd love it even more if I had to deal efficient USCIS employees. (Give them the tools and they'll be happier!)
Be careful with point 3 lawyers will not be happy.
You can add
6. Stop using Commodore 64 for processing applications. Move to something called Doors ... sorry Windows;)
Congratulations and Thanks for the contribution.
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everyone has to go thru namecheck process. Once during greencard process and once again during citizenship process. (if and when you apply for citizenship.)
To find out about namecheck, you can call USCIS and if you get an officer on the line (not the cust service representative ), then you can find out.
You can also find out about the status of your namecheck with infopass appointment. That will take up some of your time.
Thank you very much. I will follow up on that.
To find out about namecheck, you can call USCIS and if you get an officer on the line (not the cust service representative ), then you can find out.
You can also find out about the status of your namecheck with infopass appointment. That will take up some of your time.
Thank you very much. I will follow up on that.
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Hi I just talked to customer service representative, she said that It is either due to a security check or Department of Homeland security trying out different exercises before approving the case. So Please wait for some more time and give a check. when the applications went to security check, the similar kind of response you will get. If your case falls under a specific section we will put the section in that.
If you need more information or you are worried please take an info pass otherwise please check back with us later.
If you need more information or you are worried please take an info pass otherwise please check back with us later.
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Dont worry...we are not alone. Infact, we (I and my wife) are going through this phase as we speak.
1) As someone else pointed group insurance is the best option so far in my research.
2)** Chk out this site: http://www.aim.ca.gov/english/costs.html I am planning to apply soon hoping that we will qualify
3) Call a OBGYN and tell them that you dont have insurance, generally they will suggest a community center kind of a place where you can get started with prenatal care, such as re-confirmation, ultrascan etc
4) Call the hospital for the payment plan and get into it.
Good luck to us.
**EDIT: Point 2 is for CA residents only.
Thank you very much, I wish you both good luck.
I am trying to find options with hospitals with maternity plan.
thank you very much.
i will post my options and results in this forum which would be helpful for all.
once again thank you and thank you all!
1) As someone else pointed group insurance is the best option so far in my research.
2)** Chk out this site: http://www.aim.ca.gov/english/costs.html I am planning to apply soon hoping that we will qualify
3) Call a OBGYN and tell them that you dont have insurance, generally they will suggest a community center kind of a place where you can get started with prenatal care, such as re-confirmation, ultrascan etc
4) Call the hospital for the payment plan and get into it.
Good luck to us.
**EDIT: Point 2 is for CA residents only.
Thank you very much, I wish you both good luck.
I am trying to find options with hospitals with maternity plan.
thank you very much.
i will post my options and results in this forum which would be helpful for all.
once again thank you and thank you all!
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We have been calling and talking to ppl all over new england area.
But we have hardly been able to get a convincing number of ppl to attend the rally.
Have you watched the bus thread for New England Area. 26 votes, can you believe that.
We definitely need to get more innovative. I dont know what ppl want, so they can be motivated.
Sometimes i think being educated is a curse, as ppl become more scared and are fine adapting to the system.
Look at the ILLEGALS at least they came out openly. They dared to come forward and i am sure they will be rewarded sooner.
LEGAL ppl who have nothing to fear are then also they are more scared to do anything. So this is the right time for me to express my opinion LEGALS ARE FOOLS.
Please dont be mad at me, i am just frustuated with ppl responses, but one thing for sure, i will keep on motivating ppl in whichever way i can do.
Ok Guys! Enough of the negativity.
I took up your challenge. Though I live in a relatively rural area and initially felt I couldn't go due to bad flight connections etc. I decided to just go online and look for a flight and see how it goes. I found a good deal and booked it just now. Though it is just for one day go 17th and return 18th evening, I felt it is our final shot to be heard until 2009.
It is a flight to Baltimore airport which I understand in 30 miles away.
Now my question is, Is there anyone who is willing to host me and/or drive me to the rally?
FYI those of you in Michigan, you can get really good deals on northwest to baltimore.
Any takers????
But we have hardly been able to get a convincing number of ppl to attend the rally.
Have you watched the bus thread for New England Area. 26 votes, can you believe that.
We definitely need to get more innovative. I dont know what ppl want, so they can be motivated.
Sometimes i think being educated is a curse, as ppl become more scared and are fine adapting to the system.
Look at the ILLEGALS at least they came out openly. They dared to come forward and i am sure they will be rewarded sooner.
LEGAL ppl who have nothing to fear are then also they are more scared to do anything. So this is the right time for me to express my opinion LEGALS ARE FOOLS.
Please dont be mad at me, i am just frustuated with ppl responses, but one thing for sure, i will keep on motivating ppl in whichever way i can do.
Ok Guys! Enough of the negativity.
I took up your challenge. Though I live in a relatively rural area and initially felt I couldn't go due to bad flight connections etc. I decided to just go online and look for a flight and see how it goes. I found a good deal and booked it just now. Though it is just for one day go 17th and return 18th evening, I felt it is our final shot to be heard until 2009.
It is a flight to Baltimore airport which I understand in 30 miles away.
Now my question is, Is there anyone who is willing to host me and/or drive me to the rally?
FYI those of you in Michigan, you can get really good deals on northwest to baltimore.
Any takers????
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The only time I have had to deal with the Houston Consulate (or any Indian Consualate in the US) was last year when I needed a new/renewed passport. Sent it by mail and received it back in 1 week. I really can't complain since it's the best experience I have had with any consulate.
I applied for a UK visa, and they stuck someone else's visa in my passport. To call them, there's only a paid line for 99c a minute, even if it's their fault. And I was put on hold for 15 mins.
Applied for a Canadian visa, 3 mnths in advance of my trip. When I asked after 3 weeks, they told me pretty rudely that of I enquire about the status, it'll take even longer to process. (This is a tactic I would love to use with my boss whenever he asks about the status of things I'm working on) :) Finally processed it in 2.5 months. This was a simple single entry for 4 days.
Applied for a schengen visa(Germany), they took 3 weeks to process a simple business visa. Sent back my documents saying that I didn't have coverage for repatriation of corpse should I die in Europe, even though my policy clearly had it and this was verified when I presented the documents in person at the consulate. Schengen countries demand that you apply in person, because they want to make sure you have the face for going to Europe.
I have a Dutch friend whose Indian wife took 3 mnths to get a visitor visa. This is because he complained to the Dutch foreign ministry when her visa wasn't done in 3 weeks. He was outraged that the wife of a Dutch citizen should be treated by his govt. like that. Oh well, they showed him.
So given all this, I would assume that all embassies/consulates are inefficient, simply because they are government workers who are not answerable to anyone and can't get fired. And they work in a monopoly.
Of course, we like to think Indian babus are either stupid, lazy, corrupt or a combination of the above because it's a mindset we have. But looking at how USCIS and the embassies above operate, I think Indians are pretty much on par with everyone else.
I applied for a UK visa, and they stuck someone else's visa in my passport. To call them, there's only a paid line for 99c a minute, even if it's their fault. And I was put on hold for 15 mins.
Applied for a Canadian visa, 3 mnths in advance of my trip. When I asked after 3 weeks, they told me pretty rudely that of I enquire about the status, it'll take even longer to process. (This is a tactic I would love to use with my boss whenever he asks about the status of things I'm working on) :) Finally processed it in 2.5 months. This was a simple single entry for 4 days.
Applied for a schengen visa(Germany), they took 3 weeks to process a simple business visa. Sent back my documents saying that I didn't have coverage for repatriation of corpse should I die in Europe, even though my policy clearly had it and this was verified when I presented the documents in person at the consulate. Schengen countries demand that you apply in person, because they want to make sure you have the face for going to Europe.
I have a Dutch friend whose Indian wife took 3 mnths to get a visitor visa. This is because he complained to the Dutch foreign ministry when her visa wasn't done in 3 weeks. He was outraged that the wife of a Dutch citizen should be treated by his govt. like that. Oh well, they showed him.
So given all this, I would assume that all embassies/consulates are inefficient, simply because they are government workers who are not answerable to anyone and can't get fired. And they work in a monopoly.
Of course, we like to think Indian babus are either stupid, lazy, corrupt or a combination of the above because it's a mindset we have. But looking at how USCIS and the embassies above operate, I think Indians are pretty much on par with everyone else.
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Gurus,
Since EB2-India is current, I am exploring the possibility of interfiling.
Goal: Interfile in such a way that my new application under EB2 (New case
category) get attached with old case (EB3) priority date (07/2003) and
thus enable me to take advantage of EB2 current PD as declared in
April 2008 bulletin.
GC Application/s history:
-----------------------
OLD APPLICATION
Employer: xyz
Category: EB3-RIR Conversion-India
Priority Date: 07/2003
Labor approved
I-140 approved
I-140 approval date: 06/2007
AP and EAD approved
485 receipt date: 07/1*/2007
NEW APPLICATION
Employer: ZAB
Category: EB2-India
Priority Date: 06/2006
PERM LABOR approved
I-140 approved
I-140 approval date:08/2006
No AP/EAD/485 applied under this application
Notes: (1) Currently working for company CDE on EAD.
(2) "A" number on both I-140 are similar and different from "A" number
on 485 file.
(3) Occupation codes for both category are "Close" and matches the
job profile with current employment on EAD
Question: Is my goal achievable? If yes, then what to do and how to
proceed?
Thanks in advance for any help to sort this out.
- BharatPremi
Dude,
Be specific and say that your PD is current, I was wondering when EB2 India become current.
Since EB2-India is current, I am exploring the possibility of interfiling.
Goal: Interfile in such a way that my new application under EB2 (New case
category) get attached with old case (EB3) priority date (07/2003) and
thus enable me to take advantage of EB2 current PD as declared in
April 2008 bulletin.
GC Application/s history:
-----------------------
OLD APPLICATION
Employer: xyz
Category: EB3-RIR Conversion-India
Priority Date: 07/2003
Labor approved
I-140 approved
I-140 approval date: 06/2007
AP and EAD approved
485 receipt date: 07/1*/2007
NEW APPLICATION
Employer: ZAB
Category: EB2-India
Priority Date: 06/2006
PERM LABOR approved
I-140 approved
I-140 approval date:08/2006
No AP/EAD/485 applied under this application
Notes: (1) Currently working for company CDE on EAD.
(2) "A" number on both I-140 are similar and different from "A" number
on 485 file.
(3) Occupation codes for both category are "Close" and matches the
job profile with current employment on EAD
Question: Is my goal achievable? If yes, then what to do and how to
proceed?
Thanks in advance for any help to sort this out.
- BharatPremi
Dude,
Be specific and say that your PD is current, I was wondering when EB2 India become current.
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Hi logiclife,
Are you suggesting to be on H1 if you don't complete 6 years? In my case i have been on h1 for 4.5 years....i have EAD....I may use EAD because if my 485 rejected then i can fall back on H1 (by going out of country or something else)...
I dont think that after using H1 for 6 years, you can switch to H1 status from EAD status once 485 is rejected. Now, if you have used less than 6 years of H1, and then used AC21 portability, used EAD, abandoned H1 status and continued on EAD status and if the 485 gets rejected, there may be a way to reclaim the remaining unused portion of H1. It may involve going out of country and coming back in. Check with a lawyer, I dont know much and haven seen any case where someone who was on EAD status could go back to H1 status. Usually H1 to EAD is a one-way street, especially if you have already used up the 6 years of H1 stay in country.
Are you suggesting to be on H1 if you don't complete 6 years? In my case i have been on h1 for 4.5 years....i have EAD....I may use EAD because if my 485 rejected then i can fall back on H1 (by going out of country or something else)...
I dont think that after using H1 for 6 years, you can switch to H1 status from EAD status once 485 is rejected. Now, if you have used less than 6 years of H1, and then used AC21 portability, used EAD, abandoned H1 status and continued on EAD status and if the 485 gets rejected, there may be a way to reclaim the remaining unused portion of H1. It may involve going out of country and coming back in. Check with a lawyer, I dont know much and haven seen any case where someone who was on EAD status could go back to H1 status. Usually H1 to EAD is a one-way street, especially if you have already used up the 6 years of H1 stay in country.
I request everybody to add one line in the letter for Consular processing filers as they should be allowed to get AC21 and EAD facilities now. This law came earlier only for 485 filers because CP process was fast but now due to retrogession all CP filers are waiting for Years and in the worst sitauation as 485 filers are enjoying their freedom with AC21 and EAD
Immmigration Voice I'll appreciate if you could add this agenda in you campaign letter.
Thanks
Immmigration Voice I'll appreciate if you could add this agenda in you campaign letter.
Thanks
When I used term misguide, I was reffering to "I-140 Approval". Here is another attempt to clarify:
If you concurrently filed your application and if it is more than 180 since you filed and your I-140 is not approved yet, then can you use AC21? The answer is yes as per Yates memo. Even though your I-140 is not approved at the time you invoked AC21, USCIS while adjudicating the petition should determine whether the I-140 was approvable at the time of filling? Please read the memo, if you have not done so.
In nutshell, I-140 approval is not required for invoking AC21, if application was filed concurrently and has been pending for 180 days or more. Attorneys ask you to remain in your job, so as to minimize the risk.
Kindly see the context of the post and please read the post completely before going ballistic �
I am not talking about the requirements for concurrent filing. Yes, everybody knows that I-140 and I-485 could be filed together, hence the word �concurrent�.
However, approved I-140 is required for invoking AC-21 to change employer after 180 days of 485 receipt.
If you want to change employer without consideration to the salary, be my guest. I am simply trying to relay what I have learnt from discussions with 4 top attorneys in the country. If you have any doubt, speak to an attorney. But you are welcome to do whatever you find is best for you. I have changed employer using AC-21 and simply attempting to provide the information about practical implication/ramifications of AC-21 from my experience and knowing. As always, you are welcome to do whatever you deem fit in your case.
If you concurrently filed your application and if it is more than 180 since you filed and your I-140 is not approved yet, then can you use AC21? The answer is yes as per Yates memo. Even though your I-140 is not approved at the time you invoked AC21, USCIS while adjudicating the petition should determine whether the I-140 was approvable at the time of filling? Please read the memo, if you have not done so.
In nutshell, I-140 approval is not required for invoking AC21, if application was filed concurrently and has been pending for 180 days or more. Attorneys ask you to remain in your job, so as to minimize the risk.
Kindly see the context of the post and please read the post completely before going ballistic �
I am not talking about the requirements for concurrent filing. Yes, everybody knows that I-140 and I-485 could be filed together, hence the word �concurrent�.
However, approved I-140 is required for invoking AC-21 to change employer after 180 days of 485 receipt.
If you want to change employer without consideration to the salary, be my guest. I am simply trying to relay what I have learnt from discussions with 4 top attorneys in the country. If you have any doubt, speak to an attorney. But you are welcome to do whatever you find is best for you. I have changed employer using AC-21 and simply attempting to provide the information about practical implication/ramifications of AC-21 from my experience and knowing. As always, you are welcome to do whatever you deem fit in your case.
