ind_game
05-18 04:19 PM
Hi ind_game, attorney and all readers,
After reading ind_game last quote "God save AC21.....". I have following questions:
1. Do you know any one (your friend, client) used AC21 and faced same problem? Es
2. Is it true that AC-21 info don't get updated in the USCIS records?
3. If yes (2 question), then x-employer I-140 revocation will ALWAYS result in THIS kind of problems (as ind-game is facing)?
4. To attorneys only: Is AC-21 really helpful or misleading? Asking because if it don't update in USCIS records.
Please reply.
thanks,
waitingmygc
waitingmygc,
I am really sorry if my message has festered you. That was not my intention. After three months of slog and surge in frustration, I was not ready for another 2 months.
1.
I have found some case studies and I am still in touch with them...........but everybody got thru this with a good ending........I have a series of case studies in another website's forum who have faced similar issue (of course, not 2 MTRs but just 1 MTR)...........I do not think it would be wise to post them here.........
2&3.
This is not in every case. One of the members contacted me today and said he got NOID for not submitting AC21, which is according to the guidance. One of my other friend did not submit any AC 21 and he got laid off from the changed company and he did not get any notification from USCIS. He is just moving ahead without filing any AC21.
One of my other friend changed jobs twice using AC 21 and he got NOIDs both times. NOID is common and according to the guidance in the memo (Yates memo). Trust me, I have contacted so many people in the past three months, I have enough case studies in my laptop now.
After reading ind_game last quote "God save AC21.....". I have following questions:
1. Do you know any one (your friend, client) used AC21 and faced same problem? Es
2. Is it true that AC-21 info don't get updated in the USCIS records?
3. If yes (2 question), then x-employer I-140 revocation will ALWAYS result in THIS kind of problems (as ind-game is facing)?
4. To attorneys only: Is AC-21 really helpful or misleading? Asking because if it don't update in USCIS records.
Please reply.
thanks,
waitingmygc
waitingmygc,
I am really sorry if my message has festered you. That was not my intention. After three months of slog and surge in frustration, I was not ready for another 2 months.
1.
I have found some case studies and I am still in touch with them...........but everybody got thru this with a good ending........I have a series of case studies in another website's forum who have faced similar issue (of course, not 2 MTRs but just 1 MTR)...........I do not think it would be wise to post them here.........
2&3.
This is not in every case. One of the members contacted me today and said he got NOID for not submitting AC21, which is according to the guidance. One of my other friend did not submit any AC 21 and he got laid off from the changed company and he did not get any notification from USCIS. He is just moving ahead without filing any AC21.
One of my other friend changed jobs twice using AC 21 and he got NOIDs both times. NOID is common and according to the guidance in the memo (Yates memo). Trust me, I have contacted so many people in the past three months, I have enough case studies in my laptop now.
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guy03062
09-11 04:57 PM
By the way, let me clarify that I have nothing against 2006 PD who got approved last month...but my frustration is against USCIS system who does not follow FIFO. Sorry if I have hurt someone's feelings.
This is really frustrating...moving EB2-I cut-off dates to Aug 2006, approving large number of 2006 PD cases and leaving 2003 - 2005 cases aside.
This is really frustrating...moving EB2-I cut-off dates to Aug 2006, approving large number of 2006 PD cases and leaving 2003 - 2005 cases aside.
EkAurAaya
04-30 02:58 PM
King says
tens of thousands applicants who will eventually get their GC applications get denied are getting free ride on EAD/AP.
I didnt get this... did he mean GC applications that eventually get denied are getting a free ride because of EAD/AP?
tens of thousands applicants who will eventually get their GC applications get denied are getting free ride on EAD/AP.
I didnt get this... did he mean GC applications that eventually get denied are getting a free ride because of EAD/AP?
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letstalklc
12-11 05:09 PM
My pain is similar to yours buddy mine also took 6 months to file. The VB is now an monthly sadness event, even my wife is waiting for EAD, in the current time its almost impossible to get a job if one needs sponsorship read H1, despite being well qualified and having work experience. Also if we have EAD you probably would not have to go through H1B Extension (RFE's), I had to undergo this as well, fortunately my stamping was smooth. Until our day comes we just have to wait, I think the only chance is the new proposed 485 filing procedure when its implemented.
Mee too.
but the proposed 2 tier system has been pushed from this december to next June 2010 (i.e 6 months) as of now, not sure whether they will come up with it at least in June...
Lot of people are waiting to file their final step....They should start allowing to file 485 at least one year after based on their work load and based on their pre adjudication....
Mee too.
but the proposed 2 tier system has been pushed from this december to next June 2010 (i.e 6 months) as of now, not sure whether they will come up with it at least in June...
Lot of people are waiting to file their final step....They should start allowing to file 485 at least one year after based on their work load and based on their pre adjudication....
more...
kumhyd2
07-18 09:08 PM
Folks,
This is just a suggestion. Talk to your local Sears/Macys/Food4Less/etc/Indian Groceries / Deals2buy.com to collaborate in purchasing the coupons so that people can go get the coupons and present it to the respective stores. In the process say get a portion of it being contributed to IV. Work out some percentage model in which case it would be easier for people to contribute that extra amount instead of separately pulling out their card (people are lethargic to do this) and contributing to the google check out fund drive. Of course the other one is just another supplement of getting funds
May be like google check out, why dont you have Amazon coupons.
if you guys already thought of this and dont think works out. Ignore the post.
This is just a suggestion. Talk to your local Sears/Macys/Food4Less/etc/Indian Groceries / Deals2buy.com to collaborate in purchasing the coupons so that people can go get the coupons and present it to the respective stores. In the process say get a portion of it being contributed to IV. Work out some percentage model in which case it would be easier for people to contribute that extra amount instead of separately pulling out their card (people are lethargic to do this) and contributing to the google check out fund drive. Of course the other one is just another supplement of getting funds
May be like google check out, why dont you have Amazon coupons.
if you guys already thought of this and dont think works out. Ignore the post.
thakarm
09-01 09:40 AM
Been here since August 1995 - came on F1 undergrad
more...
andy garcia
10-01 10:23 AM
Some unused EB #s were recaptured for families in following year. For example, in 1994 there were 29,430 (column 2) unused EB #s. However, 27,721 (= 253,721 (column 3) - 226,000 (family quota)) of these #s were recaptured for families. Thus, only 29,430 - 27,721 = 1,709 (column 4) were un-recaptured.
Also, 50,000 unused EB #s from 01-04 were recaptured for Schedule A.
Finally, unused EB #s in 99 and 00 were recaptured, hopefully for EB.
Thus, unused EB #s are more important then un-recaptured EB #s (mentioned above) since some of them have not been recaptured for EB.
The unused EB #s is 506,384 (total column 2) - 98,941 (99 recaptured for EB) - 31,098 (00 recaptured for EB) = 376, 345
Annual Report to Congress June 2007 (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf)
Macaca;
Here is where the confusion lies with respect to unused, wasted, etc.
The Immigration Act of 1990 (P.L. 101-649) restructured the immigrant categories of admission and made other modifications to the Immigration and Nationality Act.
The 1990 Act divided the preference classes into two general categories: family-sponsored(FS) and
employment-based(EB). Limits on the number of visas issued in these two categories are determined annually.
FS limits�The worldwide level for FS preferences is calculated as:
480,000 minus the number of aliens who were issued visas or adjusted to legal permanent residence in the previous fiscal year as
immediate relatives of U.S.citizens
children born subsequent to the issuance of a visa to an accompanying parent
children born abroad to lawful permanent residents on temporary trips abroad
plus unused EB preferences in the previous fiscal year.
The 1990 Act specifies that the family-sponsored limit may not go below a minimum of 226,000 in any year.
EB limits�The 1990 Act specifies that the worldwide limit on EB preference immigrants is equal to 140,000 plus unused FS-preference visas in the previous year.
Also, 50,000 unused EB #s from 01-04 were recaptured for Schedule A.
Finally, unused EB #s in 99 and 00 were recaptured, hopefully for EB.
Thus, unused EB #s are more important then un-recaptured EB #s (mentioned above) since some of them have not been recaptured for EB.
The unused EB #s is 506,384 (total column 2) - 98,941 (99 recaptured for EB) - 31,098 (00 recaptured for EB) = 376, 345
Annual Report to Congress June 2007 (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf)
Macaca;
Here is where the confusion lies with respect to unused, wasted, etc.
The Immigration Act of 1990 (P.L. 101-649) restructured the immigrant categories of admission and made other modifications to the Immigration and Nationality Act.
The 1990 Act divided the preference classes into two general categories: family-sponsored(FS) and
employment-based(EB). Limits on the number of visas issued in these two categories are determined annually.
FS limits�The worldwide level for FS preferences is calculated as:
480,000 minus the number of aliens who were issued visas or adjusted to legal permanent residence in the previous fiscal year as
immediate relatives of U.S.citizens
children born subsequent to the issuance of a visa to an accompanying parent
children born abroad to lawful permanent residents on temporary trips abroad
plus unused EB preferences in the previous fiscal year.
The 1990 Act specifies that the family-sponsored limit may not go below a minimum of 226,000 in any year.
EB limits�The 1990 Act specifies that the worldwide limit on EB preference immigrants is equal to 140,000 plus unused FS-preference visas in the previous year.
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jr8rdt
01-07 03:50 PM
looks like many people in this thread are planning to travel using AP. Just curious: are you all currently using EAD? I heard that once you enter using AP your H1 is no longer valid and you must use EAD though you are still working for the same company.
little bit off topic....
little bit off topic....
more...
om5454
01-22 12:28 AM
I was going thru your question, I am kind of in the same boat. My PD is Jan'04 in EB3. Filed 485 for self and wife in Jul'07.
Did you get answer to your question ?
Did you get answer to your question ?
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ndbhatt
09-09 12:43 PM
My 2 cents.
From what I have read and learned from my experience, the dwelling (house/condo/apt, etc) prices are sensible and affordable (read payable) if it is between 2-3 times household annual income. I think this applies universaly with few exceptions.
Average household (family) income in India metro cities is around 6-7 INR lacs. For folks working in IT, it would be 'X' % more depending on his/her work. Let's take liberal amount of 12 lacs p.a.
This means that buying a property for price over INR 36 lacs would carry significant risk of defaulting. I have heard many of my friends give me argument that our income will grow significantly over years and should be able to manage higher loan amounts.
I am really aghast at the rate at which NRI's are investing in India. I can speak to Mumbai, where there are thousands of NRI bought properties that are vacant for years and there is no justifiable ROI. Having realised that there is no ROI due to resale or renting, sooner or later they will start pulling out their hard earned money. I wouldn't be surprised to see many foreclosures, in years to come, and RBI may have to bail out ICICI, IDBI, etc - a scenario similar to Fannie Mae and Freddie Mac.
I have thumb rule for myself - Don't buy property which is 3 times more than current annual income.
P.S. This isn't applicable for folks who have inherited a fortune. :D
From what I have read and learned from my experience, the dwelling (house/condo/apt, etc) prices are sensible and affordable (read payable) if it is between 2-3 times household annual income. I think this applies universaly with few exceptions.
Average household (family) income in India metro cities is around 6-7 INR lacs. For folks working in IT, it would be 'X' % more depending on his/her work. Let's take liberal amount of 12 lacs p.a.
This means that buying a property for price over INR 36 lacs would carry significant risk of defaulting. I have heard many of my friends give me argument that our income will grow significantly over years and should be able to manage higher loan amounts.
I am really aghast at the rate at which NRI's are investing in India. I can speak to Mumbai, where there are thousands of NRI bought properties that are vacant for years and there is no justifiable ROI. Having realised that there is no ROI due to resale or renting, sooner or later they will start pulling out their hard earned money. I wouldn't be surprised to see many foreclosures, in years to come, and RBI may have to bail out ICICI, IDBI, etc - a scenario similar to Fannie Mae and Freddie Mac.
I have thumb rule for myself - Don't buy property which is 3 times more than current annual income.
P.S. This isn't applicable for folks who have inherited a fortune. :D
more...
Sachin_Stock
08-23 10:24 AM
My friend EB2 is all ONE category. Please see the OR in that sentence.
to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
Its sad but its going to apply for all EB2 applicants.
This draft memorandum was released today for comment until September 3, 2010 when it may be adopted as an official memorandum revising Adjudicators Field Manual. It touches the issues of evidentiary criteria for adjudication of I-140 immigrant petitions in EB-1A(Extraordinary Worker), EB-1B(Outstanding Professor or Researcher), and EB-2(Exceptional Ability), requiring two-prong test in the adjudication.
to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
Its sad but its going to apply for all EB2 applicants.
This draft memorandum was released today for comment until September 3, 2010 when it may be adopted as an official memorandum revising Adjudicators Field Manual. It touches the issues of evidentiary criteria for adjudication of I-140 immigrant petitions in EB-1A(Extraordinary Worker), EB-1B(Outstanding Professor or Researcher), and EB-2(Exceptional Ability), requiring two-prong test in the adjudication.
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lazycis
11-24 03:24 PM
Here is the link to USCIS AC21 memo from 5/30/2008:
http://www.visalawyerblog.com/AC21%20MEMO%20JUNE%202008.pdf
http://www.visalawyerblog.com/AC21%20MEMO%20JUNE%202008.pdf
more...
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vvicky72
07-15 10:28 AM
Thanks.
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Leo07
12-10 06:46 PM
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Suva
07-19 02:14 PM
This is the way it is going to work
I-485 Processing would start depending on RD (Receipt Date). But at the time of approval PD should be current and if it is current then the applicant whose RD (Receipt Date) is oldest would get the approval first.
I-485 Processing would start depending on RD (Receipt Date). But at the time of approval PD should be current and if it is current then the applicant whose RD (Receipt Date) is oldest would get the approval first.
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austingc
04-28 01:58 PM
Hi
I just applied for a mortgage from BOA. The loan officer did not recognize what AOS was and asked me for an H1B - which has expired.
I explained about AOS and EAD and told her I could give the I-485 receipt, and she took in my application.
But I'm worried that my loan will be denied after underwriting - my closing is on 5/26 and I probably will not hear from the bank until second week of may.
Does anyone know of Banks in MA that give loans to EAD?
Chandana
I am going to close with BOA next week. They do know what is AOS means. I provided them my EAD copy and I-94 thats it.
I just applied for a mortgage from BOA. The loan officer did not recognize what AOS was and asked me for an H1B - which has expired.
I explained about AOS and EAD and told her I could give the I-485 receipt, and she took in my application.
But I'm worried that my loan will be denied after underwriting - my closing is on 5/26 and I probably will not hear from the bank until second week of may.
Does anyone know of Banks in MA that give loans to EAD?
Chandana
I am going to close with BOA next week. They do know what is AOS means. I provided them my EAD copy and I-94 thats it.
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rongha_2000
04-30 03:21 PM
Only 95000 GCs? I thought the recap number is somewhere in the 200K range. Or is this family based GC for which 95K will be available?
Max waiting country Philippines (family based) = 22 years
if recapture enacted we shortened it for a few months.
Very good analysis by the guy currently speaking. I love it! basically he is laughing at the 'family values as defended by the USCIS and DOS'. What a poor job they are doing!
Max waiting country Philippines (family based) = 22 years
if recapture enacted we shortened it for a few months.
Very good analysis by the guy currently speaking. I love it! basically he is laughing at the 'family values as defended by the USCIS and DOS'. What a poor job they are doing!
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bsbawa10
03-17 09:12 PM
Many H1s like me have their non-working spouses on H4 visa who are not given SSNs. Do we not pay taxes ? Do we not pay Social security ? We do, and therefore we should also be eligible for the Stimulus package. Indeed my son is autistic and disabled but we are not eligible for any kind of aid but we pay tons of taxes and social security. It is highly non-justified think. I know people will argue a lot if it is compared to slavery. But it is a "modern form of slavery". Yes, we are in this country with our own will but that is what they are making use of.
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gsc999
03-17 09:33 PM
All tax payers are eligible(atleast mostly)
folks like Bayarea07 are plain and stupid
--
Lets not be so harsh. Bayarea07, thought he had a valid concern, although it is not true.
Did anybody notice this in the IRS communication that was sent out to taxpayers:
For taxpyers, the amount of money will be "reduced" or " completely phased out" for individuals making adjusted gross income or more than $75K ( or more than $150 if married and filing jointly).
How about that?
folks like Bayarea07 are plain and stupid
--
Lets not be so harsh. Bayarea07, thought he had a valid concern, although it is not true.
Did anybody notice this in the IRS communication that was sent out to taxpayers:
For taxpyers, the amount of money will be "reduced" or " completely phased out" for individuals making adjusted gross income or more than $75K ( or more than $150 if married and filing jointly).
How about that?
java_jaggu
06-04 01:15 PM
http://www.ilw.com/articles/2007,0604-lee.shtm
Based on this article, it looks like even those 140's and 485's filed after the cut-off date will be fine as long as the GC is approved before Oct 1, 2008, so folks will have some breathing time and flexibility to plan their next move, if the bill passes in the current form.
Based on this article, it looks like even those 140's and 485's filed after the cut-off date will be fine as long as the GC is approved before Oct 1, 2008, so folks will have some breathing time and flexibility to plan their next move, if the bill passes in the current form.
kshitijnt
06-26 02:08 PM
I totally agree with you, but think about this.
For every couple who plan to leave, there are 5 couples anxious to replace them. Do you know the % of visas approved vs visa applicants?.The 5 couples could be from anywhere, not just from india where the economy is in good shape.
My point is that America does lose when someone goes back.But the loss is on a very very micro level----and replacement is not that difficult.
I have already said that those being replaced will come in at a lower salary and contributing less taxes. Because if you are in late 20s, early 30s then you are about to settle down. I dont know how many people at this level want to come to America. Even in India people at this age will not want to come to US if they have children who are about to go to school. So these guys will most probably be replaced with younger workers.
Again, how long this game of fooling people will go on?
People from other countries are there and willing but they dont have the same NUMBERS that India and China have. Like can 5000 people of SAME quality and salary come here from say western europe? If they can, why are they not trying it already? I work with lot of europeans in my team. I think they want to visit here but dont want to live here.
For every couple who plan to leave, there are 5 couples anxious to replace them. Do you know the % of visas approved vs visa applicants?.The 5 couples could be from anywhere, not just from india where the economy is in good shape.
My point is that America does lose when someone goes back.But the loss is on a very very micro level----and replacement is not that difficult.
I have already said that those being replaced will come in at a lower salary and contributing less taxes. Because if you are in late 20s, early 30s then you are about to settle down. I dont know how many people at this level want to come to America. Even in India people at this age will not want to come to US if they have children who are about to go to school. So these guys will most probably be replaced with younger workers.
Again, how long this game of fooling people will go on?
People from other countries are there and willing but they dont have the same NUMBERS that India and China have. Like can 5000 people of SAME quality and salary come here from say western europe? If they can, why are they not trying it already? I work with lot of europeans in my team. I think they want to visit here but dont want to live here.
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