ryan
07-13 02:07 PM
[QUOTE=dineshksharma;487749]"Long Journey. Finally GC
by J2GC
Hi Guys,
After a long journey of more than Sixteen years in this country, I finally received my GC.
In short, I came in 1993 on J-1 for my training which took six years, followed by one year on O-1 visa and then J-1 waiver for three and half years in underserved area.....QUOTE]
Inspirational stuff, indeed. Congratulations.
by J2GC
Hi Guys,
After a long journey of more than Sixteen years in this country, I finally received my GC.
In short, I came in 1993 on J-1 for my training which took six years, followed by one year on O-1 visa and then J-1 waiver for three and half years in underserved area.....QUOTE]
Inspirational stuff, indeed. Congratulations.
wallpaper Rhodesian Ridgeback puppy
dineshksharma
07-14 03:50 PM
According to my spouse, there were three treatments at the embassy:
Passports retained for approvable/approved cases
Passports returned for rejected cases
Passports retained (no options provided to applicants) for audit cases
In your case, evidently they gave you an option as to whether you wanted to go with the delay. Am I right in assuming that?
Or were you asked to wait with your passport till they cleared up your case at their end?
We are not withdrawing our H1B application that was approved by USCIS. We are merely contemplating withdrawing from getting the actual visa stamp because of the uncertainty.
Right now, the embassy people are not being communicative at all. They did not respond to the last email we sent them and they do not have a live person taking any phone calls.
Initially they said the audit could take 4 weeks but their website (login enabled) says it might take up to 8 weeks.
The officer only said "you will hear from us when we get the clearance."
Said nothing about keeping the passport.
Passports retained for approvable/approved cases
Passports returned for rejected cases
Passports retained (no options provided to applicants) for audit cases
In your case, evidently they gave you an option as to whether you wanted to go with the delay. Am I right in assuming that?
Or were you asked to wait with your passport till they cleared up your case at their end?
We are not withdrawing our H1B application that was approved by USCIS. We are merely contemplating withdrawing from getting the actual visa stamp because of the uncertainty.
Right now, the embassy people are not being communicative at all. They did not respond to the last email we sent them and they do not have a live person taking any phone calls.
Initially they said the audit could take 4 weeks but their website (login enabled) says it might take up to 8 weeks.
The officer only said "you will hear from us when we get the clearance."
Said nothing about keeping the passport.
InTheMoment
07-31 08:50 PM
:) :) :p
Wait for PD to be current
Wait for RD
Wait for ND
Wait for EAD
Wait for AP
Wait for AC-21
Wait for FP
Wait for GC
Wait
Wait
Wait
Wait
And again wait.
Wait for PD to be current
Wait for RD
Wait for ND
Wait for EAD
Wait for AP
Wait for AC-21
Wait for FP
Wait for GC
Wait
Wait
Wait
Wait
And again wait.
2011 Rhodesian Ridgeback puppy
mariusp
02-20 06:40 PM
I read the document and here's what I think is the important part:
In a subset of these
case, the FBI name check request that been pending for more than 180 days.
This means that only a part of those 47k applications are pending for more than 180 days. This doesn't say they will approve 47k in March.
Why mid March? Well that's the time of the month when the VB will be published so I'm curious to see how the April VB will look like.
In a subset of these
case, the FBI name check request that been pending for more than 180 days.
This means that only a part of those 47k applications are pending for more than 180 days. This doesn't say they will approve 47k in March.
Why mid March? Well that's the time of the month when the VB will be published so I'm curious to see how the April VB will look like.
more...
styrum
12-19 03:30 PM
that was a very interesting read. Another scary part is that it took USCIS 6 months to revoke teh I-140 from the time it was requested. Meaning when he actually left his employer, if he had called up USCIS to verify the status of his I-140, it would have come up as still-valid.
Moreover, the decision totally ignores the fact that "The basis for adjustment is not actual (current) employment but prospective employment" and the entire answer to Q10 in Part I of the Aytes Memo od 12/25/05
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Moreover, the decision totally ignores the fact that "The basis for adjustment is not actual (current) employment but prospective employment" and the entire answer to Q10 in Part I of the Aytes Memo od 12/25/05
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
shana04
02-12 06:32 PM
USCIS TEXAS SERVICE CENTER
RE: AC21 UNIT � CHANGE OF EMPLOYER
4141 N. ST. AUGUSTINE RD.
DALLAS, TX 75227
RE: AC21 USAGE FOR CHANGE OF EMPLOYMENT (I-140
APPROVED, I-485 PENDING MORE THAN 180 DAYS, SAME/SIMILAR JOB
TITLE/DUTIES)
Name: xxxxxxxxxxxxxxx
A#:
Labor Certification #:
I-140 Receipt #:
I-485 Receipt #:
DOB:
Spouse:
A#:
DOB:
Dear Sir/Madam
In regards to this request to utilize �The American
Competitiveness in the Twenty-First Century Act of 2000 (AC21)� which allows for a change of employer on any approved I-140 and I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition.
(Attached for your reference are relevant portions of AC21.)
The memo lists two preconditions for eligibility to change jobs- I485 is pending
UN adjudicated for 180 days or more and the new job is in the similar occupational classification as the job for which the certification was initially made in section 106(c).
In the present case, my client has had an H-1B transfer filed for him, and is utilizing
AC21 provisions for a new job with the same title and duties as the former. Please find attached a letter from the current employer regarding the job title, duties and salary. I therefore respectfully request that your office should adjudicate my client�s I-485 accordingly under AC21 provisions. Should you have any further questions, please do not hesitate to contact me.
I have attached the following requisite documentation including:
Attach all the copies (Receipts - I-129, I-140, I-485, I-765, I-131) that you have
Employment offer letters, EAD copies, Labor Certification Approval copy (first page)
All other documents that you can support for AC21
Please do not hesitate to contact me should you require any additional documentation.
Regards,
Xxxxxxxxxxxx
RE: AC21 UNIT � CHANGE OF EMPLOYER
4141 N. ST. AUGUSTINE RD.
DALLAS, TX 75227
RE: AC21 USAGE FOR CHANGE OF EMPLOYMENT (I-140
APPROVED, I-485 PENDING MORE THAN 180 DAYS, SAME/SIMILAR JOB
TITLE/DUTIES)
Name: xxxxxxxxxxxxxxx
A#:
Labor Certification #:
I-140 Receipt #:
I-485 Receipt #:
DOB:
Spouse:
A#:
DOB:
Dear Sir/Madam
In regards to this request to utilize �The American
Competitiveness in the Twenty-First Century Act of 2000 (AC21)� which allows for a change of employer on any approved I-140 and I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition.
(Attached for your reference are relevant portions of AC21.)
The memo lists two preconditions for eligibility to change jobs- I485 is pending
UN adjudicated for 180 days or more and the new job is in the similar occupational classification as the job for which the certification was initially made in section 106(c).
In the present case, my client has had an H-1B transfer filed for him, and is utilizing
AC21 provisions for a new job with the same title and duties as the former. Please find attached a letter from the current employer regarding the job title, duties and salary. I therefore respectfully request that your office should adjudicate my client�s I-485 accordingly under AC21 provisions. Should you have any further questions, please do not hesitate to contact me.
I have attached the following requisite documentation including:
Attach all the copies (Receipts - I-129, I-140, I-485, I-765, I-131) that you have
Employment offer letters, EAD copies, Labor Certification Approval copy (first page)
All other documents that you can support for AC21
Please do not hesitate to contact me should you require any additional documentation.
Regards,
Xxxxxxxxxxxx
more...
Legal
07-25 02:13 PM
[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".
The titles of some of these threads have entertainment value:).
Like the one we had recently on "lovebirds separated by the cruelty of USCIS".
2010 Rhodesian Ridgeback Puppies
mhathi
07-17 10:33 AM
FBI background check delay is the only reason why visa numbers are wasted every year. Pending I485 cannot be adjudicated and allocated visa numbers due to pending security checks. At the same time these pending I485s also don't let the visa bulletin dates move forward fast enough. Just wait and see how this problem is going to get worse in the coming years.
Retrogression is a serious problem right now due to quotas and country quotas. But backlogged FBI checks will make it worse for thousands of people.
I agree with everybody on this thread. I agree this solution ( if any) will be a band aid. I also agree the band-aid is needed to prevent the wound from becoming fetid. I agree this may exacerbate problems.
For all these reasons, it is imperative we do not stop after this anouncement. Our long term goal has to be retrogression relief in one form or the other, including all or some of recapture of unused visas, increase in annual quota, resolution of the FBI name chack black hole, and more that able persons in IV can doubtless think of better than yours truly.
I, for one, am going to be a member of IV long after this anouncement.
Retrogression is a serious problem right now due to quotas and country quotas. But backlogged FBI checks will make it worse for thousands of people.
I agree with everybody on this thread. I agree this solution ( if any) will be a band aid. I also agree the band-aid is needed to prevent the wound from becoming fetid. I agree this may exacerbate problems.
For all these reasons, it is imperative we do not stop after this anouncement. Our long term goal has to be retrogression relief in one form or the other, including all or some of recapture of unused visas, increase in annual quota, resolution of the FBI name chack black hole, and more that able persons in IV can doubtless think of better than yours truly.
I, for one, am going to be a member of IV long after this anouncement.
more...
rsdang1
11-03 06:30 PM
I GUESS a slight movement forward - say 3 months.... :D
hair Rhodesian Ridgeback puppy
rdehar
10-02 11:56 AM
Based on my receipt numbers and looking up on USCIS website, it appears my AOS application that was sent to NSC has been sent to California Center. I have not seen anybody's case being sent to CSC. Dunno how good or bad it is and whether it sppeds up/delays my EAD processing. Anybody had experience with CSC and got any of EAD/AP/GC approved from CSC.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ace7ec20cfbd4110VgnVCM1000004718190aRCR D
says that
"*California Service Center and Vermont Service Center are currently assisting in data entry of employment-based I-485 and related forms (I-140, I-765, and I-131) received at Texas Service Center between the dates of 7/28 and 8/8. As a result, some applicants may receive receipt notices from a service center different than the one they originally applied to."
Match your application date on that page to your dates ...
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ace7ec20cfbd4110VgnVCM1000004718190aRCR D
says that
"*California Service Center and Vermont Service Center are currently assisting in data entry of employment-based I-485 and related forms (I-140, I-765, and I-131) received at Texas Service Center between the dates of 7/28 and 8/8. As a result, some applicants may receive receipt notices from a service center different than the one they originally applied to."
Match your application date on that page to your dates ...
more...
EkAurAaya
10-11 04:23 PM
Thats true..everybody are bothered about EAD and FP. I am here for more than 8 years in this country. IV should emphasise this and USICS should allow affected candidates like us to file I-485 and atleast get EAD. we have priority date earlier compared to others.
What is your PD? were you stuck in BEC?
What is your PD? were you stuck in BEC?
hot DOG - Rhodesian Ridgeback
joeshmoe
08-22 11:21 AM
That is just perfect ... after waiting 100s of years for EAD now I will wait another 100s for the GC ...
thank you DOS et all ...
thank you DOS et all ...
more...
house rhodesian ridgeback puppy greeting card by paigeandlarry
walking_dude
10-11 04:26 PM
IV is doing whatever it can. That includes increasing Visa numbers and allowing 485 applications even if Visa numbers are not available.
However IV cannot do it unless we ALL help IV in this cause. And that means contributing money, participating in IV Action Items, joining State Chapters etc.
Why don't you guys join your State Chapters and help IV in helping you?
Thats true..everybody are bothered about EAD and FP. I am here for more than 8 years in this country. IV should emphasise this and USICS should allow affected candidates like us to file I-485 and atleast get EAD. we have priority date earlier compared to others.
However IV cannot do it unless we ALL help IV in this cause. And that means contributing money, participating in IV Action Items, joining State Chapters etc.
Why don't you guys join your State Chapters and help IV in helping you?
Thats true..everybody are bothered about EAD and FP. I am here for more than 8 years in this country. IV should emphasise this and USICS should allow affected candidates like us to file I-485 and atleast get EAD. we have priority date earlier compared to others.
tattoo Rhodesian Ridgeback puppy
saimrathi
07-06 06:29 PM
I hope it being aired on 7/7/07 will bring our cases some luck..
EDIT: According to Dr. Bahrainwala, this has been bumped to 7/7/07..
Immigration Voice member Dr. Murtaza Bahrainwala, who was also quoted in the New York times article today about the July Visa bulletin fiasco and the resulting fallout from it, will be on NBC nightly news with Brian Williams tonight around 5:30 Central time.
The interview also has snippets of interview with USCIS officer as Brian Williams has interviewed USCIS over this issue also. So its a "must watch" thing.
This will be on NBC and that's good coz you dont even need cable to watch this. In your local area, the NBC channel affiliate will be broadcasting the "Nightly news" with Brian Williams.
Local times may vary depending on your local NBC affiliate. Its most likely 5:30 Central time tonight but check your local listings.
Thanks to Dr. Bahrainwala for the interview.
About NBC nightly News:
More details about NBC nightly News : http://www.msnbc.msn.com/id/3689499/
Podcasts, downloads etc: http://www.msnbc.msn.com/id/8132577/
EDIT: According to Dr. Bahrainwala, this has been bumped to 7/7/07..
Immigration Voice member Dr. Murtaza Bahrainwala, who was also quoted in the New York times article today about the July Visa bulletin fiasco and the resulting fallout from it, will be on NBC nightly news with Brian Williams tonight around 5:30 Central time.
The interview also has snippets of interview with USCIS officer as Brian Williams has interviewed USCIS over this issue also. So its a "must watch" thing.
This will be on NBC and that's good coz you dont even need cable to watch this. In your local area, the NBC channel affiliate will be broadcasting the "Nightly news" with Brian Williams.
Local times may vary depending on your local NBC affiliate. Its most likely 5:30 Central time tonight but check your local listings.
Thanks to Dr. Bahrainwala for the interview.
About NBC nightly News:
More details about NBC nightly News : http://www.msnbc.msn.com/id/3689499/
Podcasts, downloads etc: http://www.msnbc.msn.com/id/8132577/
more...
pictures Name: Rhodesian Ridgeback
kak1978
06-05 10:15 AM
Form I-140 Petition Must be Approved Prior to a Favorable Determination of a �106(c) AC21 portability request.
On October 18, 2005, USCIS designated Matter of Al Wazzan, A95 253 422 (Jan. 12, 2005) as a USCIS Adopted Decision. This AAO decision established that a petition that is deniable (i.e., not approvable), whether or not the petition is denied 180 days or more after the filing of the adjustment of status application, cannot serve as the basis for approval of adjustment of status to permanent residence under the portability provision of INA � 204(j). An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.
On October 18, 2005, USCIS designated Matter of Al Wazzan, A95 253 422 (Jan. 12, 2005) as a USCIS Adopted Decision. This AAO decision established that a petition that is deniable (i.e., not approvable), whether or not the petition is denied 180 days or more after the filing of the adjustment of status application, cannot serve as the basis for approval of adjustment of status to permanent residence under the portability provision of INA � 204(j). An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.
dresses Rhodesian Ridgeback puppy
akgind
07-13 11:09 PM
Good point. You are absolutely right, help_please. S.774 is the original DREAM Act which did not distinguish between legals and illegals. But it never went anywhere. The DREAM Act that was part of CIR specifically made it applicable to only holders of Z visa. Please refer to S.1639 on the same site and look at Sec 612-620.
We do not know which version is being introduced now. The way things are going in Congress, I would not be very surprised if they make it applicable to only undocumented.
http://thomas.loc.gov/
Please visit this site and search for bill # s. 774. This bill does not specify that you must be illegal to qualify.
We do not know which version is being introduced now. The way things are going in Congress, I would not be very surprised if they make it applicable to only undocumented.
http://thomas.loc.gov/
Please visit this site and search for bill # s. 774. This bill does not specify that you must be illegal to qualify.
more...
makeup Rhodesian Ridgeback Bundu
f_b_2007
08-10 11:31 AM
who cheated whom? come on diptam. you have been here for so long...
you can not talk like that... people look forward to get advise from guys like you. not hatred..
your company/employer cheated you. not anybody else... please rethink about it.
I have never met someone on LS... but I can assure you, if I ever find one of them, I will report USCIS and other authorities.. that is for sure.:mad:
you can not talk like that... people look forward to get advise from guys like you. not hatred..
your company/employer cheated you. not anybody else... please rethink about it.
I have never met someone on LS... but I can assure you, if I ever find one of them, I will report USCIS and other authorities.. that is for sure.:mad:
girlfriend rhodesian ridgeback puppy. Rhodesian Ridgeback Puppy
vivek_ut
02-10 06:30 PM
Got the same email update today. Not sure what it indicates (if any).
hairstyles Rhodesian ridgeback puppy »
shana04
02-13 10:15 AM
I know what the job title and Job duties were stated in the Labor certification and have acopy of my Labor certification application with me, but if you can give me the format of the letter for AC21 that would be great.
Please let me know
Thanks
check post #22
Please let me know
Thanks
check post #22
paskal
07-14 10:11 PM
people,
please stop attacking for no good reason. i've been through this whole set of emotions too, and i'm pasting below a dialogue with Greg Siskind on his blog. Greg is a much respected figure in immigration law and does his bit and more to support our cause. please read it, he makes very valid points.
why are these kids our enemies anyway? they are stuck in a bad position and helping them get relief behoves us.
Paskal - The children of legal immigration applicants were specifically covered in the Child Status Protection Act passed earlier in this decade. They are now allowed to immigrate with their parents even if they turn 21 during the middle of the process, a key change designed to ensure that those here for years waiting on green cards could still benefit. There were other important benefits in this bill. read from the bottom up...
But on a separate note, strategically we saw what happened with CIR when we tried to get every fix on one bill. Three years of work down the drain. We need to get each fix done a little at a time and take what we can get each time and focus on getting more in the next battle. One week we have a victory for illegal immigrants. The next we win one for skilled workers. The next we help refugees and asylees. We need to cheer each victory rather than be upset that not every group was helped.
Posted by: Greg Siskind | July 14, 2007 at 07:15 PM
Greg,
I do not think people really oppose the relief being offered. Neither do they grudge the proccess of legalization for undocumented immigrants. However there is a great deal of heartburn over the way skilled workers are treated. Why can't this bill include legal children who have lived here most of their lives? kids have to "become illegal" to get benefits? what's the message?
Similarly in CIR, 90,000 GC a year for 5 years were offered for backlog reduction. Compare this to the almost 1 million FB relief and the 11 million GCs for legalization. what's more no one knows how many undocumented workerers there are. 11 or 13 million? so 2 million extra GC are just an asteriek to congress, and yet they won't give paltry increases to skilled workers to cover the backlogs?
this is the source of frustration that's manifesting in the comments you are reading.
Posted by: paskal | July 14, 2007 at 06:58 PM
Some have commented noting that DREAM might pass because it's advocates are showing passion. This should hopefully inspire you rather than upset you. Immigrants Voice has really given me hope that the skilled worker community finally is starting to find the passion that will change minds in Washington. To date, this community has largely depended on the advocacy efforts of groups like AILA and the ITAA rather than on the grass roots efforts of the community itself. These groups do a great job, but they can do so much more in partnership with an active immigrant community.
Posted by: Greg Siskind | July 14, 2007 at 06:52 PM
please stop attacking for no good reason. i've been through this whole set of emotions too, and i'm pasting below a dialogue with Greg Siskind on his blog. Greg is a much respected figure in immigration law and does his bit and more to support our cause. please read it, he makes very valid points.
why are these kids our enemies anyway? they are stuck in a bad position and helping them get relief behoves us.
Paskal - The children of legal immigration applicants were specifically covered in the Child Status Protection Act passed earlier in this decade. They are now allowed to immigrate with their parents even if they turn 21 during the middle of the process, a key change designed to ensure that those here for years waiting on green cards could still benefit. There were other important benefits in this bill. read from the bottom up...
But on a separate note, strategically we saw what happened with CIR when we tried to get every fix on one bill. Three years of work down the drain. We need to get each fix done a little at a time and take what we can get each time and focus on getting more in the next battle. One week we have a victory for illegal immigrants. The next we win one for skilled workers. The next we help refugees and asylees. We need to cheer each victory rather than be upset that not every group was helped.
Posted by: Greg Siskind | July 14, 2007 at 07:15 PM
Greg,
I do not think people really oppose the relief being offered. Neither do they grudge the proccess of legalization for undocumented immigrants. However there is a great deal of heartburn over the way skilled workers are treated. Why can't this bill include legal children who have lived here most of their lives? kids have to "become illegal" to get benefits? what's the message?
Similarly in CIR, 90,000 GC a year for 5 years were offered for backlog reduction. Compare this to the almost 1 million FB relief and the 11 million GCs for legalization. what's more no one knows how many undocumented workerers there are. 11 or 13 million? so 2 million extra GC are just an asteriek to congress, and yet they won't give paltry increases to skilled workers to cover the backlogs?
this is the source of frustration that's manifesting in the comments you are reading.
Posted by: paskal | July 14, 2007 at 06:58 PM
Some have commented noting that DREAM might pass because it's advocates are showing passion. This should hopefully inspire you rather than upset you. Immigrants Voice has really given me hope that the skilled worker community finally is starting to find the passion that will change minds in Washington. To date, this community has largely depended on the advocacy efforts of groups like AILA and the ITAA rather than on the grass roots efforts of the community itself. These groups do a great job, but they can do so much more in partnership with an active immigrant community.
Posted by: Greg Siskind | July 14, 2007 at 06:52 PM
kumsoft
08-01 12:49 PM
My I-140 approved from TSC and I-485 submitted to NSC on July 2nd 7:55am. I talked to 2 immigration officer today morning. They informed me my case would be transfered to TSC. I dont know if NSC would receipt my application:confused:
