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  • if there is an interview scheduled for you in the future, you will have to prove the intention that you will leave the job you have at that time and start working for the company who sponsored for your I-485.

    it will take strong persuasion to convince that leaving your current job cold turkey and going back to the old employer.

    i hope someone who has gone through this before can help you better...

    also, you have to think about the cooperation that you are counting on from the old company. people come and people go.policies change, companies may decide to act differently 3 years from now... what guarantee you have that they will support you no matter what happens in future. what if there is a hideous RFE and they chicken out???

    i think it is always better to declare your change of job intention with AC21. get help from other threads and furnish as much information to USCIS as possible while writing AC21 letter...they will treat you better if you are upfront about it... remember, complete transparency always is appreciated by a fellow human being...dont be scared by the conspiracy theorist blaming them for blatant mistakes...they do make mistakes however, but it just takes following it up and clearing it with various avenues one has if he/she gets the right consul of a good attorney...(incidentally i am not please consult with your attorney before taking any steps)

    Good Luck...

    My situation,

    I am a july 2 filer, planning to use EAD to work in diifferent company in same profession(NOT invoking AC21). On I-485 approval want to come back to the original employer who filed I-485. my company is supporting and willing to support for any RFEs.

    Please tell me if it is going to work and what are the risks involved.

    Thanks in advance


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  • Very helpful info about AC21 on Murthy's website:

    I just googled and this came as the first link.

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  • I didn’t want to go to DC rally due to my surgery appointment (September 6th) because I can not fly for three weeks after the surgery.

    Guess what?, I have postponed my surgery appointment date, booked tickets and going to DC rally on Monday evening and flying back on Tuesday night.

    I also urge people to take a day off and attend the rally.

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  • "in india there is a proverb "ulta chor kotwaal ko daante" which exactly is the scenario ......"

    Well, in that case you become a ulta employee and trouble your employer...

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  • Everybody is checking LUDs on their approved 140s. What doz this mean? And how do I check it? Pls send me step by step information...Thanks
    Just use the search option. I think this question has been answered several times

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  • We are not sure of the chronology of events such as your wife's pregnancy, Your job change, your insurance start date. If you guys had individual insurance before your wife's conceiving, insurance cannot deny coverage as pre existing condition. Make sure you put these events in a time line and rule out the possibility of coverage. if you have done so, you have to explore other options.

    As far as changing job is concerned, make sure your job requirement matches the same and similar concept. If you have used AC21, why not use it one more time? Of course, your PD and other personal issues might be stopping you from doing so. But if you are just thinking about using AC21 again, dont worry. Talk to a good attorney and drink the kool aid again.

    The easiest way to get through this is to get under group coverage. I will let you know if there is any way you can sneak into group coverage. but the one I can think right on top of my head is joining an employer with health insurance

    Thank you nixtor.

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  • labor was perm
    dont know for sure but i think my I140 was mar 07 and was approved may 2007
    will check the dates and will confirm...
    Case received at Texas Service Center - july 2nd 2007. (monday of the big chaos)...had mailed the case on Sat(before chaotic monday) thru DHL overnight
    Case transfered to NBC - Dec 2nd 2007 (me & spouse)
    Case status changed to interview - Dec 4th 2007 (me & spouse)
    Preliminary process complete USPS mail - Dec 4th 2007 (me & spouse)
    Case pending at the USCIS office transferred to email - 02/12/2009 (me & spouse)
    RFE - 02/13/2009 (me & spouse)
    Soft LUD - 02/17/2009 <------ (me & spouse) (here is where i think the RFE notices are being printed today and will be mailed - we should probably get them by this Friday 2/20)

    assumption 1 - Being that both me & spouse received RFE, i am thinking it mostly is either health records, finger prints, photo graphs, or signatures (we had g-28 to let our attorney sign on behalf of us and they (uscis) might need original signatures)

    assumption 2 - Worst of all because the status changed to RFE on 2/13 and we might not get the notices till (02/20) we lose a whole week just waiting on the notices and we will have mere 3 weeks to respond back

    likely fact - for whatever reason we are very few folks who are in this boat with same pattern and have to stick together to see where we will end with this


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  • Sorry to hear about your situation. You should've taken unpaid leave for two weeks instead of a lay off. Now you definitely should not file AC21 and hope that the USCIS will not issue RFE (rarely happens). It doesn't matter how you quit, if the USCIS finds about it, it will probably deny I-485.
    Regarding Shusterman's Q&A. I am not sure where he is coming from. The law (8 USC 1154) does not provide for lay-off exception. Wait... The USCIS memo says this:

    "Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
    Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."

    So you may not be in a bad shape after all. As for whether to file AC21 papers in your situation, I am not sure. I would not do it.

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  • Not a fan of AZ law, but I'm delighted that it has pushed immigration issue to the forefront, forced federal govt's hand and jolted it out of its inaction. Many a battles will be won/lost over immigration in Nov 2010 elections.

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  • [QUOTE=alterego;267244]I hate to say it but this is starting to sound very much like an Alcoholics anonymous support group session. LOL.QUOTE]

    The titles of some of these threads have entertainment value:).
    Like the one we had recently on "lovebirds separated by the cruelty of USCIS".

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  • He has just one option, get the laws changed. Not beating the dead man but folks should understand the importance of IV activities.
    Look at the state of affair of Tri State, thousands of people like these but only 25 so far signed up for DC rally. Not enough to fill even one bus WHAT A SHAME!
    Give the guy a break...he's just asking around as to what his options are... besides, one can't 'GUARANTEE' for how long a period of time one would have to wait as far as priority dates are concerned. The July Fiasco confirmed that, if anything...I agree that the rally is very important in making further strides, however there's no reason to be so harsh...

    abhidos37, unfortunately since your application was received when your priority date wasn't current, you're going to have to wait until your priority date becomes current again.

    Good luck!

    Wake up! Oct numbers are already out by AILA, it is stuck in 01. You got only one option , which is IV

    Mine is EB3 from India. I still hope the next years numbers could be coming out on Oct.

    Thats what IV is trying to do. Sitting in your holes will not achieve anything. Speak up
    You don't have to be so nasty. I thought everyone on here is supposed to support one another for the cause?

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  • can we watch this live?? the room #'s for 10 am and 11 am are different. is there another link?

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  • Contact attoreny ASAP why/how it has happened. As he represnts you, USCIS acts upon his request to withdraw. However, he has to make such requsest only upon your written communication to withdraw the application. Therefore, find out whose mistake it is (law firm or USCIS). If it is the law firm mistake ( if you have not requested your attorney to withdraw your 485), contact him to rectify his mistake. That means, he has to put his full effort to get the application back to USCIS. You can even sue them for a hefty amount for the damages they have done. If it is a USCIS mistake, MTR may work well, to get back the 485 in line. As the primary applicant already received the GC, it is tricky. So, contact another atttorney for second opinion and contact AILA, if required.

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  • EB3-I and C this should be another eye opener, get united or bust...
    nothing for us all in here,.............
    only hope is recapture.................
    please, wakeup... we need to start working on!!!

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  • What is the effectivity date of this memo?
    May 30th or June 1st?

    I think for few people this might be bad news. Some people changed their job without I-140 being approved. Sorry guys...i used AC21 but i have approved I-140.

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  • Has the program aired on CST? It starts in minutes in EST. Let me know, if it has not been aired today.

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  • Sent both the faxes.

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  • I wish....;)
    Your friend == singhsa3 ??? - Just kidding

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  • So after more than a month of sleepless nights, thanks to Immigration Voice looks like my I 485 application is back on track.

    A recap of my situation:
    Last month I got an email from USCIS-CRIS stating that my I 485 was withdrawn. After being in this country for close to 10 years and in the immigration queue for more than 7 years why would I withdraw the application ??? I did not withdraw my application !!!

    It took me more than a month to find out the reason behind the me it was not easy..and guess what ....It was my Attorney who had withdrawn the application in Error. Now what ... I call USCIS multiple times.. talk to many different IO's .. some of them patient and try to help.. some extremely rude.. but all of them had only one thing to say... they cannot help!!..... I get an Info Pass... no help there either.. I set up an emergency meeting with my attorney (one of the large Immigration Law Firms) .. nothing...they accept their mistake tell me that they will do all they can .. but no assurance that they will reinstate the case .. limited forward movement.... things look gloomy and one can help me.

    Then I called Immigration Voice on the number that is listed on the site and left a voice mail. Promptly got a call back I spoke to a Core member who understood the gravity and urgency of the situation and swiflty moved forward and got in touch with their contacts in the government. The Core member also put me in a conference call with the person who was going to look into my case, I was so relieved that I could explain the situation first hand.

    I got a call today and I was told that after evaluating my case my file has been reopened and they have mailed an offical notice regarding the same and I should get it in a few days. *Fingers crossed until I get this notice in hand ;)*
    The IV core was extremely sensitive to my situation and were very responsive and extremly helpful. I cant thank Immigration Voice enough for helping me resolve this issue in a quick manner.

    I have registered to be a recurring contributing member and I intend to be an active member of this group.

    My lessons from this crazy experience are:
    - Never trust your attorney, always ask for a copy of any letter/document they send to USCIS on your behalf
    - There is no organization besides IV out there that is looking out for the interests of the Immigrant Community.
    - We need to strengthen IV in all ways we can, we need to be active.
    - And as so many members have already said "We are IV." If we want things to be better "WE" need to do something about it.

    I urge members who are still contemplating becoming active members to evaluate their options and to become active and contributing members of IV.

    - Peace

    Great job IV :)... keep up the good work!

    Got another 33 in hand, total 43, more to come

    Tip: recruit friends and strangers to get more from their work places and mail back to you.

    Nice work :)

    Here are the some of the issues
    1)Some credit unions will not open an account for your if you are not a citizen/green card holder
    2)Same problem with Home loans some banks will not extend loans (I have personally faced these two issues)
    3) With the realid act some stats are not giving driving license to non-immigrants that may have fixed but you still need to extend every year even if the state gives a license
    4)You cannot get an homestead exemption(tax credit) if you buy a house
    5)The latest tax stimulus package will not give tax credit to ITIN holders and with out immigrant status (or EAD) you cannot get an SSN.

    As you all know we pay the taxes all kinds of taxes , help economy with our purchase power I can go on with the kind of positive things we bring to this country but for some reason we don't have any rights. I completely agree with the OP the crying baby gets the milk or cranky wheel gets the oil first. Every one if you don't fight for it we are not going get any thing. Remember the congress has write a letter to USCIS saying that the fee for N400 is increased but the service is not any better , why can't the same logic applied to green card applicants the fee is increased but we don't get any congress support isn't that something. Any way's that's my 2 cents....

    Good luck to every one...

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