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Tuesday, June 21, 2011

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  • Kitiara
    02-13 05:05 AM
    I can scarcely believe it... Although I have to say that it would have been impossible to choose between the two entries. Perhaps this is the fairest result in the end. :)

    Actually, I think results from three battles need to be put up - this one, the cartoon characters one and the line art one. Are there any more that haven't had the reults officially put up?

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  • vrbest
    09-30 10:41 AM
    Got CPO status email on 9/29 for my EAD. No changes for my wife and son.. looks like they will have to wait for some more time :confused:

    Still pending... Just checking to see if there are many waiting like me

    NSC: July 3nd 2008

    FP : Aug 1, 2008

    LUD on AUG 3, 2008

    Still pending approval..

    What a weird system - even for E-Filing (supposed to be online system- easy to organize), we see random approvals. Hope someone realizes and makes the system organized better...

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  • rameshk75
    02-12 03:45 PM
    Thanks Shana04.

    Can you pls mail me your contact details as i would like to talk to you for a while..if it's fine with you.. my email id is rameshk75@gmail.com


    I have responded the same to "kishdam "

    I was in the same situation as yours.

    Just file H1B with different company but with same job title and jobe code.

    Then ask your attorney to send AC21, it is just a letter with new offer letter.

    Good luck

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  • leoindiano
    06-02 11:11 AM
    Do not think anything wrong in voting. Atleast so many IV members are again active due to this voting. No harm...


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  • kaisersose
    06-06 10:48 AM
    My manager surprised me today saying that I was promoted yesterday from a programmer analyst to a systems analyst. I have an approved i-140 and have filed my 485. My priority date for EB3 is current. I also have a 3 year extension of H1B.

    There is no change in the job responsibilities.


    1. How soon should I file my AC21 request?
    2. What is the impact of this promotion on my H1B?
    3. I have waited for 7 years and I may be close to getting my Green Card. How does the AC 21 impact my pending 485?

    I declined my promotion. My manager said that it would take a lot of effort to unwind this promotion. He was not pleased with my request.

    Any ideas?

    I am sorry, but this is just plain paranoia that seems to affect a lot of GC holders & aspirants. I have a friend who was worried about changing jobs as it was only 6 months since he got his GC!

    You are *not* required to file AC21. Even if you do, in your case, it should present no problems at all, as your role & responsiblities have hardly changed.

    It is not a wise approach to deny a promotion when you are not clear about the law. First be clear on the law and then make such important decisions.

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  • rkanth12
    09-10 12:02 AM
    This is what I got from 4 separate lawyers when I was invoking AC-21. I think everybody should speak to a lawyer before invoking AC-21.

    A lot of people out there think that after getting EAD one can invoke AC-21 to change to any job at any employer. This is not true. AC-21 is pretty complicated and I think that in the future, if there is no change in the law, a lot of 485 applications will be pending for 6-8 years or more. And for the duration of this period, a lot of people will invoke AC-21. I also think that the rate for rejection for number of AC-21 cases at USCIS will be higher. Nobody told me about the approximate wait time and rejection rate. It is just what I think based upon the developing situation.
    Sanju, I noticed you invoked AC21. Is that correct?
    Please post all your details such as how long you were with your old employer,
    when did u inform uscis about your new employer.
    Was there much difference in ur salary?
    Is your GC approved? Which stage are u in.
    Is ur new employer from same state?
    I know I'm asking so many questions. But always wise to get opinion from experienced person.
    So far in this thread you answerd so many questions. Be little patience and answer the above. Also I missed and you think important to share, please.


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  • smaram1
    09-04 09:49 AM
    E filed : July 1 2008
    FP : Aug 28 2008
    CPO : Sep 3 2008

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  • aadimanav
    05-15 02:17 AM


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  • PD_Dec2002
    06-29 08:14 AM
    I have been resisting reading this thread until now. Had a gut feeling that something with such an idiotic title cannot have anything meaningful. Anyway, just read this and couldn't help rolling on the floor!

    So basically this crackpot "rajakannan" files in June and tries to con everyone into applying on July 31st, thus ensuring two things (IMHO):

    1. USCIS won't delay sending his EAD and AP due to deluge of I-485 applications.
    2. In case the dates retrogress middle of the month (mid-July) due to large volumes of I-485s from people (from other countries or those who don't visit here), then that reduces additional backlog for his case.

    Good job, "rajakannan", you have only managed to insult your intelligence by starting this thread. Members/Visitors here have noble intentions and hearts of gold not to wish bad things for your I-485.

    Crawl back under your mushroom and don't ever come here again.


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  • rbharol
    05-22 02:58 PM
    Competeamerica too is not happy with this bill.
    Has IV talked to them about their stance and their plan of action?

    How do you think Congress will react to these provisions?
    They have STRIVE in the house. Is there a chance we get something
    in the middle of the senate bill and STRIVE?


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  • hiralal
    04-19 09:30 PM
    Hey Bozo - I've been following IV for about 2 years now using my spouse's ID - I just created one for myself today - My wife and I have contributed to IV also. Know the facts before shooting your mouth off - NUT JOB!!!
    good effort and a superb reply

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  • gc_maine2
    12-28 03:32 PM
    Very good point logiclife. what happens in this following scenario when 140 is approved and when 140 is pending.

    Person X has completed 180 days after 485 filing, used is 6 yrs of H1 and now he got a 3 yrs of H1B from the same employer. If this person uses AC21 & EAD and joins another company and after 1 yr his 485 is rejected for wrong reasons, will this person be out of status(since used EAD) or will be in status since his H1b is still valid with the old employer (Assumed the employer has not revoked). Will it be safe to come back to the same employer.


    No, you can use H1. But if you go to new employer, of course you have to do an H1 transfer to new employer.

    AC21 portability can be used with either forms of work authorization : H1 or EAD. The important thing is to do it after 180 days of 485 filing and to do it after 140 approval.

    You can start working for new employer on EAD, or you can use AC21 (without using EAD) by applying for H1 transfer to new employer and working for new employer as soon as you get receipt notice of H1 transfer.

    H1 status offers a backup plan in the sense that if your 485 is rejected for wrong reasons, you can appeal the case in office of administrative appeals and fight it out and stay here on h1 while you fight it out. Your H1 status you have at that time of 485 rejection and its validity is unaffected by 485 being rejected. But if you are on EAD, and if your 485 is rejected, then your EAD is invalid and you are out of status, you cannot switch back to H1 from EAD and continue fighting the rejection of 485 thru appeals. You have to go back.

    H1 offers a backup plan but the disadvantages are that its more expensive to do for employers and so many employers will not prefer you. It costs between 1600 to 2400 for employers to file H1 transfer and bring you on board, plus lawyers fees needed for filing H1 transfer. EAD is easy, you dont need lawyer and your employer has nothing to worry or deal with. So you will have more options when using AC21 if you use EAD as your work authorization rather than H1. Besides, H1 extensions and transfers are a headache. EAD extensions are easier and they can be done by yourself without the need to get anything from employers and lawyers.


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  • coloniel60
    08-13 11:53 PM
    As of now 10% have said that they are going to re-file. That's lot of re-filers.

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  • gcgreen
    01-09 12:46 PM
    the two reasons why you would want to enroll in COBRA are:

    1. insuring yourself and family for the one month or so. without insurance, everything is expensive.
    2. PRE-EXISTING CONDITIONS. If you are without insurance for some time period that time period is deducted from the typical 6 month or so waiting period of coverage of pre-existing conditions. But I think even in this case there is some grace period of 30-60 days. I suspect if you were covered 30-60 days prior to start of coverage by an employer sponsored plan, then the waiting period is waived. but you need to read the fine print for this.

    hope this helps.

    I am joining new job using AC21 provision coming monday. My new employer does not provide medical insurance for the first month. I am eligible for after I complete 1 month.

    So my question is: till the time I get medical coverage from new employer (approx. 20 - 30 days), can I invoke COBRA? I heard that one can not invoke COBRA if he or she is employed (only meant for un-employement) is this true?

    Also, should I call my current insurance company for COBRA now, or I can wait if I really need to visit a doctor? is there a grace period for this? Because there is a possiblity that I may never would have to visit a doctor for next 20-30 days, but who knows!

    Appreciate your answers.


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  • pappu
    11-27 10:17 AM
    Note: Please read the entire document rather than just basing your judgment on the graph and the visa bulletin charts. There are several caveats and limitations of this data. The data USCIS has published may not be 100% accurate. There are several thousand applications that may not have been pre-adjudicated at the time of publication of this data. The CP applications, field office applications etc are not part of this data.As an advocacy organization, based on the data we can work towards seeking explanation on slow movement of visa bulletin dates or wastage of visa numbers in the months to come. We feel this is a one step ahead of the IV prediction tool published by IV in the past. We will continue to refine the analysis as we receive information from DOS and USCIS through our advocacy efforts.

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  • skp07
    10-08 02:07 PM
    we saw the status updated this morning atlast. Hopefully will get the card soon in hand.

    My wife's EAD renewal was e-filed with a receipt date of june 6 th, almost 120 days, still waiting. Got biometric notice for july 1st and finished it.After 94 days called 1-800 to request expediting the case on sep. 11 th, they sent a RFE asking for I-94 copies and stating biometrics were not transmitted to them and needed information on that, along with enlarged copy of photo ID.
    Responded to RFE with a receipt date of sep. 25 th and no updates till day.
    Called on 9/3 asnd raised a 2nd SR for expediting. AS her EAD expired on oct.1st and was given 1 week to produce new EAD by oct 10 th by her employer.
    WE were hoping for some miracle by monday:confused:


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  • mattresscoil
    01-04 12:32 PM
    How many days before expiry can one apply for

    1. EAD extension.
    2. AP extension.
    3. Since EAD extension is possible only because of 485 pending, is there a chance of risk, if employer withdraws 485 for some reason.

    Thank You,
    Robert Kumar:
    EAD renewal can be filed 120 days prior to expiration.

    AP renewal can be filed 120 days prior to expiration

    EAD extention is possible on the basis of pending I485 application. This I485 application belongs to the applicant (you, spouse, family members). Your employer does not have the authority to withdraw the your I485 application. Your employer however has the authority to withdraw the underlying I-140 application.

    If you have an approved I-140 and your I-485 application has been pending for more than 180 days, the revokation of your I-140 application by your employer will not have any effect. it may trigger an interview or an RFE for you to prove valid employment, which you should be able to prove (pay stubs, employment letter, tax returns) and beyond that there should be no risk what so ever.

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  • das0
    12-18 09:24 AM

    First, Thank You for all your advises.

    I am planning to file AC-21 memo with USCIS.

    I hope the my new employer will help with paperwork. and I have to find a lawyer who can do that and be prepare for RFE and Interviews.

    My last question to you:

    1. Do you know for AC-21 I have to work in the same state where my labor was filed?

    my labor was at IL and now working in TX but same type of job.

    2. Is there a deadline or recommened time to file Ac-21 memo with CIS?

    I just joined the new company 2 weeks back with my EAD after getting laid off from petitioning employer (they will not revoke my approved I-140)

    Any advises and recommendations on filing AC-21 will be very much appreciated.

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  • boys1729
    04-10 09:57 AM
    I know many Indian students in my uni who have cheated and plagiarized and somehow graduated and then gone to these fraud consultants who applied for their h1-b.
    Last year I knew at least few Desi masters students who were caught for plagiarism and suspended, but those guys/girls went to a desi fraud consultant who applied for their h1-b based on their bachelors while they were doing there their masters (they had no job, nothing) and guess what?.. they got it!
    There are not many desi students at my uni, I have heard these things are very common and happen at a large scale at bigger schools. A lot them of don�t bother to really study because they know would somehow find a job and visa through a bodyshop consultant after they graduate. If these students could do a job, I think anyone in the world could do what they are doing,. no talent or skill is required!
    These bodyshops consultant are just bad for everyone- for deserving students, schools and industries.
    So I think bodyshops consultant should not be allowed to apply for h1-b at least.

    10-21 08:25 PM

    There are two issues that I have posted on this thread.

    1. Interpretation/understanding a post.
    2. RED DOT issue ( this is not my priority) . If you read the post keenly.

    You, .. your self have made a mistake in Interpretating / understanding the post and reacted overly on the second issue by cornering the actual post.

    Do you call this as a Interpretation issue?. Did you get what am I saying. First , read and understand what others meant to be. Don't JUMP on it.

    If IV cannot fix this RED DOT issue, how could some one believe in IV would fight for FIXING broken immigration system?.

    Perspective is not always matters, there are times .... some thing else matter too. Which is called "Self Respect"

    When few people are spending time and knowledge on sharing their thoughts/ideas, how good it would to use F***words against them?.

    There are many BAD words ... that some members have used against of my friends. Who no more wanted to participate in IV?.

    Did you get what am I saying?

    12-21 09:10 AM
    I agree 100%, all these consulates are peace of crap, the way they behave is un believable, I have been to New York Office twice, both the times very bad, I don't think they change...

    May be external ministry has to look into it and fire all of them, If I am in one of the position to do, will do it next minute...

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