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  • americandesi
    08-11 03:44 PM
    I noticed a flaw in GC process with respect to “Ability to pay” and “AC21”

    Here are the definitions

    Ability to pay - Suppose a company files for I-140, it has to prove its ability to pay the proffered wage to the beneficiary.

    AC21 states that an employee can change jobs to a similar position if I-485 is pending for more than 180 days. This could happen when I-485 is pending for more than 180 days or after its approval.

    Let’s consider the following scenario

    1) Company A files for I-140 and I-485 concurrently and proves its ability to pay the proffered wage to the beneficiary at I-140 stage.

    2) I-140 gets approved and I-485 is pending for more than 180 days.

    3) The employee quits employer A and remains idle (or) becomes self employed (or) joins employer B in a different position.

    4) During the I-485 adjudication he provides an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A and says that he intends to work with employer C after I-485 approval.

    5) I-485 gets approved.

    Here is the flaw. USCIS doesn’t check if employer C has the ability to pay the proffered wage to the beneficiary. All it asks for is an offer letter with wage, duties and annual salary.

    What if company C is running in loss and not in a position to pay the proffered wage.

    Why should USCIS make a big deal out of ability to pay when it’s not checked across all employers where the beneficiary intends to work?





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  • STAmisha
    11-14 02:36 PM
    s





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  • thirumalkn
    07-26 05:11 PM
    Thanks for the info vxg. Thanks for sharing.
    So, did you notify USCIS at any stage about your promotion ?

    My duties increased, in past i was doing more tech work now i mostly manage people who do the same tech work but as i said it's all subjected to the lawyer and employer.





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  • shahuja
    02-06 09:28 AM
    i just called DOS. He asked for my visa type and passport number. He said "your visa has been issued in Jan. Call the New Delhi consulate and they should let you know if it would come through mail or do you need to go pick it up"

    what happens next ?? how long after this stage it takes to get the visa ?? are there any other checks that could be going on ?? ONCE DOS approves are there any other agencies like FBI, KCC doing some other approvals as well ?? if you know what happens next let me know..waiting for posts..

    so now i know I am not stuck due to PIMS and DOS cleared and approved my visa in Jan..what else then ??



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  • glus
    02-20 10:36 AM
    Unfortunately her husband is an undocumented alien. He is not in legal status. So the case is not straight forward one.

    The INA (Immigration and naturalization act) allows for one to adjust to GC holder even if
    one is illegaly present in the U.S. as long as one:

    1. Is married to a U.S. citizen;
    2. Is otherwise admissible to the U.S. and;
    3. Has entered to the U.S. via legal means.

    If all of the above are true, the case is relatively simple in nature for as long as the marriage is a legitimate one.





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  • rockstart
    09-08 10:48 AM
    I tried and it worked. First time the call did not go through but second time it worked. Thanks for the info. Free is always sweet.



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  • vinkapoor
    10-24 04:29 PM
    The online status of my EAD application indicated that EAD card was ordered and then approved back on October 01, 2007. I have still not received card in my mail. Anyone in same situation?





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  • Macaca
    12-07 09:50 AM
    Chang from Cap Exempt to Cap Number H1B requires that you file the change when the visa is available during the FY which in H1B case is April 1st. The years spent on Cap Exempt status like not for profits is counted towards the 6 Yr limit.

    I transferred H1B from a teaching job (cap exempt) to a consulting company. As far as I remember, the H1B quota for companies was over at that time. I did not hear any complaints. Maybe my lawyer took care of it.

    You should check to make sure.



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  • joshraj
    10-11 10:26 AM
    Hi Friends,

    We had sent our apps to Nebraska on July 26 but we received a transfer notice for 485 from vermont with a receipt date of Sept 26 and notice date of Oct 3.

    I always thought the receipt date of my application is the day when our application reached the center.

    Can someone help explaining this....

    Thanks,





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  • CaliGC
    06-15 04:12 PM
    Our I485 approved today and officer told us we will receive our cards in 6 to 8 weeks. Thanks
    Hi RLNY122004

    Please accept my congratulations and enjoy the freedom. Could you please answer the following questions.

    1. What do you mean by 'officer told us we will receive our cards in 6 to 8 weeks' Did you take an appointment and visit neary USCIS office?

    2. Did you speak on the phone?

    3. When was your name check cleared?

    4. Did you submit your finger prints recently? if yes was it code 1? 2? 3?

    5. Was your I-485 case trasnferred to Texas/Nebraska recently?

    I have many more questions but would not bug you, Please provide as much info as possible I would appreciate your reply.

    TIA



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  • Anders �stberg
    June 16th, 2005, 09:29 AM
    These look fine on my editing PC but are too dark on my work PC...
    ...how's it look where you're at? :)

    Also, the second picture is uncropped from the camera, I kind of like the frame
    the background creates, but do you think it should be cropped tighter?

    http://www.dphoto.us/forumphotos/data/647/thumbs/JH5Q9175_Skata.jpg (http://www.dphoto.us/forumphotos/showphoto.php/photo/25912/cat/647) http://www.dphoto.us/forumphotos/data/647/thumbs/JH5Q9169_Skata.jpg (http://www.dphoto.us/forumphotos/showphoto.php/photo/25919/cat/647)





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  • mna123
    07-30 09:07 PM
    Thanks Kondur, your response cleared many things.

    No I was not of status because I am "outside" of US and am on unpaid leave for last 3 months as my name check for H-1 is pending.



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  • ksairi
    08-17 02:06 PM
    Most folks here would have used a lens to double check their APplns before mailing it.

    If your friend wants to know ask him to join IV , why are you proxying for him > He shud be more worried than you. Pls talk to a professional lawyer on this situation, I am sure none of the folks here can advise on this,

    If you do not know - that is fine , you should not confirm that no body in this forum can answer that.

    Every body knows that lawer can advise, who ever browisng this forum they are browsing for the cause if any body know it they can answer right.

    My friend - infact he his my room mate got an appointment with attorney after two weeks , becuase of the rush until 17th August, even he can able to contact the attorney over the phone.

    He has requested me to post and search in the forums to get any possible answer before 17th so that he can re file . but the now that option is closed.

    He his very busy with few productions issues at the site and he can not browse few sites from his office- including this immigrationvoice. he is already a member of this forrm, I am just trying to help him.

    If you can not help your roomtae - how can you volunteer to unknown Immigration voice members.

    Please don't give this kind of suggestions- every body knows. we are here for the cause. If you don't know that is it queep quiet. try to do research try to help if you willing for the cause. Ok.





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  • ck_b2001
    09-11 09:03 PM
    i am not sure if my lawyer has the receipts. my case was sent on 6.29.2007 and received on july 2nd.
    i got my FP notice (for my wife also) yesterday in mail for 9/25 appt.
    from the receipt number on FP notice i checked it on USCIS website. it says that they received the 485 app on 30 aug. and the LUD on 485 is 9/3.

    sent Jun 29th, recieved Jul 2nd at TSC. Got FP notice for 10/03. Lawyer recieved Reciepts yesterday with Notice Date of 09/05. LUD was 9/3. Website says they recieved app 30 aug (did not make sense to me). Lawyer further told me i will get EAD Card directly before they will recieve approval notice. AP will be recieved by lawyers directly.



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  • vali
    10-23 02:10 PM
    Thank you so much, I'm pretty clear now, I wish you good luck with your problems, it feels good to know that there still are nice people around.
    Thanks again to you and IV.





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  • shana04
    01-15 09:26 AM
    Today me and my wife got our CPO emails. Mine was filed in Eb3 and my wife's was in Eb2. I got my approved though my wife.

    I've been in US for 10 years... now i've two things to do



    Foremost congrats.

    I am happy that at least some of our friends are getting greened.

    Good luck on your future!



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  • vybe3142
    07-24 10:52 PM
    Good news is that I'm working again. While I was out of a job, I converted from H1 to EAD under my previous employer (consultancy).

    Now, I've finally found a job although this is a full time opportunity. I'm going to be using my EAD / AC21 .

    Question: Since I'm no longer working for my previous employer, they are going to be revoking my I140 next month. I believe this is not a problem since my case has been pending for more than 180 days so that's a good thing.. What I do want to know is whether my status is in any jeopardy since I haven't generated any income for about 3 months?


    Thanks for any replies. I really need to find out the answer to this. A lot of forum info suggests that I'm ok but I'd very much like to hear any / all viewpoints on this issue.





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  • LostInGCProcess
    01-08 12:54 PM
    LostInGCProcess, Since you used AP to enter do you now loose your H1 status? just curious to know.

    I read in other blogs that your status would be AOS if you enter using AP and not H1-B. If you need to retain H1-b then your I-94 needs to be stamped as that at the port of entry.

    Any comments......

    No. One can continue to work on H1 if its the same company.





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  • rally
    09-17 06:07 PM
    Congrats on getting ur recepit!

    Did your apps get transferred to Texas/Cal service centres? Does your recepit have LIN/SRC/WAC prefixes?


    Thanks a lot!





    rayen
    05-19 05:01 PM
    Hi,

    1. I was been advised by my Lawyer to pick "PAR -Parolee" if we have used our AP. But if we have last entered using H1 B then we have to pick "H1 B"

    2. We have to provide the following in this field
    485 receipt number - xxxxxxx
    140 receipt number - xxxxxxx (This is optional)

    I would put the first line with the 485 receipt number

    Lalith,

    Thanks for the promt update.

    Thanks again.





    jsb
    03-27 09:31 AM
    I agree about your comment on guest workers. But h1bs are also human beings. Rather than treating them like car imported from Japan treat them humane. Don't just think of h1bs as a number. There is a human being behind them. Its not easy to just uproot everything you have since last 10yrs and move back to where you came. This is not a treatment for a "guest".

    Also how humane is this for a country touting horn of human rights all over the world (read Tibet/China)?

    I agree and share your views on how someone should treat a guest, etc. But I just stated facts.

    Regarding open letter to Obama mentioned above, I agree with it one hundred percent. Focus of the letter should be (i) workers are highly educated, (ii) they are legally working and paying taxes, (iii) they are approved for GC, and are simply waiting for completing work on adjustment of their status, (iv) administrative inefficiency. Remember when one files for AOS, a visa is supposed to be already available for you (although due to USCIS bungling that has not been the case).