chanduv23
06-23 06:36 AM
Those who think, their employer is OK - be extra extra cautious. Never, never believe employers. Bottom line is, employers will not care for u, if they know u r gonna benefit out of this, they will do everything they can to avoid this. Most desi employers indulge in sweet talks. Talks will be extremely sweet. Just like how they talk to u before u join the company.
GC filing is a carrot that employers thrive on. They will do anything to aqvoid this situation.
Remember, your problems are not over after filing 485 also. The so called prospective employers who always told u, "I will hire you, if you have a GC or EAD" will now give some other excuse. Basically they want to put u in a position where u have less chances of bargain, thats the whole deal.
Lotsa people go by self employment after filing for EAD (Dunno how - maybe some IV members can explain this) and still do contracting and safely see themselves through their GC.
So basically, we are on our own here. For those dealing with desi employers - I can tell u one thing. U can handle the situation with sweet talk and some diplomacy - desi employers have their own fears. But those dealing with American employers - be extra careful - HR personnel etc... who have sympathy for layed off workers etvc... will try to screw u big time on ur back. If they decide to screw u - they will do it big time and none of ur diplomacy will work there - believe me, I gone through this.
Be smart - stay on top of things, don't waste time and get things done in all possible ways. Get employer letter in whatever way u can. (If you have a letterhead - u know what I am saying ....)
GC filing is a carrot that employers thrive on. They will do anything to aqvoid this situation.
Remember, your problems are not over after filing 485 also. The so called prospective employers who always told u, "I will hire you, if you have a GC or EAD" will now give some other excuse. Basically they want to put u in a position where u have less chances of bargain, thats the whole deal.
Lotsa people go by self employment after filing for EAD (Dunno how - maybe some IV members can explain this) and still do contracting and safely see themselves through their GC.
So basically, we are on our own here. For those dealing with desi employers - I can tell u one thing. U can handle the situation with sweet talk and some diplomacy - desi employers have their own fears. But those dealing with American employers - be extra careful - HR personnel etc... who have sympathy for layed off workers etvc... will try to screw u big time on ur back. If they decide to screw u - they will do it big time and none of ur diplomacy will work there - believe me, I gone through this.
Be smart - stay on top of things, don't waste time and get things done in all possible ways. Get employer letter in whatever way u can. (If you have a letterhead - u know what I am saying ....)
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kshitijnt
05-10 09:25 PM
Quota based on race argument is fallacious. For example, Bangladesh and Pakistan are not limited by the quota. However, they are the of the same ethnic/racial background as people from India.
Thats my point. Why are pakistanis getting green cards and nobody is saying they have taken jobs away from Americans? So many come to US on visa free travel, work 6 months undocumented from european countries, yet they are the first to get the GCs while Indians abuse B1, they abuse H1. How come only Indians abuse everything no one else abuses anything?
Thats my point. Why are pakistanis getting green cards and nobody is saying they have taken jobs away from Americans? So many come to US on visa free travel, work 6 months undocumented from european countries, yet they are the first to get the GCs while Indians abuse B1, they abuse H1. How come only Indians abuse everything no one else abuses anything?
chmur
07-28 12:04 AM
Where the hell all these guys when EB3 is getting 80K to 100K of total 140K visas all these years and EB2 is getting just merely 10%-15%. Nobody from EB2 didn't felt jealous like this before. It is hard to digest for them now.
So what were your expectations from EB3-I in those past years .... to fight for EB2-I and write to USCIS saying please don,t issue GC's to us but instead use those Visas and issue it our EB2 - mates.
Dude ..awesome post
So what were your expectations from EB3-I in those past years .... to fight for EB2-I and write to USCIS saying please don,t issue GC's to us but instead use those Visas and issue it our EB2 - mates.
Dude ..awesome post
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hindichinibhaibhai
03-15 01:10 AM
How many of those 245(i) cases from April 2001 might exist in the EB3-India bucket?
As long as there are 245(i) cases pending against Eb3-India, this category cannot move past 2001. Though it doesn't make any sense how EB3-China and EB3-Mexico made it to 2003.
As long as there are 245(i) cases pending against Eb3-India, this category cannot move past 2001. Though it doesn't make any sense how EB3-China and EB3-Mexico made it to 2003.
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letsgetit
05-23 09:04 AM
Sent email to senators in my area of virginia and also called the senators..Will call more and send emails.
Thanks IV for the job you are doing...It is indeed commendable.
Thanks IV for the job you are doing...It is indeed commendable.
we_can
05-23 11:41 PM
Sent. Just took 10 mins for our cause.
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psk79
09-10 11:23 AM
Hey, Anyone whose checks cashed but still didnt get their receipts? My checks were cashed 5 days ago. So far no receipt notices.. I got the receipt no's from back of the checks and the lud on 765 is 9/7 but it still says we mailed out a notice on how we process this case.....
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anukcs
09-30 03:13 PM
I'm currently on my 4th EAD & AP, and I used AC21 twice so far to switch jobs (similar job descriptions, including the specific technologies I worked on). On both occasions, I have not informed USCIS. My attorney said one is not legally required to do so, and that we could respond if there is any RFE.
But I also know that there are lot of attorneys out there who recommend informing USCIS about the job change. I don't personally know of anyone who have used AC21 and went on to get the green card, so I can't really tell which approach is better. In either case, make sure to have all relevant paper work with you - specifically the experience letters from old employers with proper job descriptions.
As for the salary increases when changing jobs, I did talk to more than one attorney about this. And what I heard consistently was that higher salary is not as much of a problem as lower salary could be. In my case, I had salary increases of more than 30% each time I changed jobs, and I am doing fine so far. Whether that becomes a problem for me or not, I will deal with it when it happens.
I traveled out of the country a couple of times using AP. On my return to US, at the port of entry (SFO), I was asked if I still worked for the company that originally sponsored my GC application. I told them I changed employers using AC21, and that I was not legally required to inform USCIS about the job change. And they let me go without causing any trouble. Not sure if anyone else had different experiences in such case, but the immigration officers at SFO seem to be somewhat easier to deal with (assuming you haven't done anything wrong, of course).
I did have trouble with AC21 once. I ended up having a gap between my 2nd and 3rd EADs (so did my wife too), as we tried to do too much 'optimization' of EADs. Well, we learned the hard way that 'optimization' effort is bad, as both of us had to stop working during the gap. It's not a very pleasant feeling having to explain our respective employers that we had such issue. We lost money too, as we couldn't be legally paid during the gap - in addition to the unnecessary stress. I wish USCIS issues EADs with longer validity period - something like 3 years (but I once heard Aman say that they couldn't do so due to a software glitch in their system!!). In any case, we are now filing for EAD renewals well in advance of the current one's expiry.
Other issues with AC21 that we faced are things like having to pay for EAD and AP renewals every year, which is quite expensive. I guess you could negotiate this with your new employer when changing jobs. And the sheer inability to change your job roles or take on more responsibilities (on paper too!) is frustrating, but that is more of a lengthy GC processing symptom than an AC21 issue.
All things considered, I think AC21 is good. It's got it's set of issues, especially if you don't use it wisely, but it at least lets you have some kind of progress in your careers. The way I see it, if there is no career progress, I can at least make more money. You got to gain something over years of waiting to keep you going!
Thanks for the info. How early we should renew the EAD? TIA. anukcs
But I also know that there are lot of attorneys out there who recommend informing USCIS about the job change. I don't personally know of anyone who have used AC21 and went on to get the green card, so I can't really tell which approach is better. In either case, make sure to have all relevant paper work with you - specifically the experience letters from old employers with proper job descriptions.
As for the salary increases when changing jobs, I did talk to more than one attorney about this. And what I heard consistently was that higher salary is not as much of a problem as lower salary could be. In my case, I had salary increases of more than 30% each time I changed jobs, and I am doing fine so far. Whether that becomes a problem for me or not, I will deal with it when it happens.
I traveled out of the country a couple of times using AP. On my return to US, at the port of entry (SFO), I was asked if I still worked for the company that originally sponsored my GC application. I told them I changed employers using AC21, and that I was not legally required to inform USCIS about the job change. And they let me go without causing any trouble. Not sure if anyone else had different experiences in such case, but the immigration officers at SFO seem to be somewhat easier to deal with (assuming you haven't done anything wrong, of course).
I did have trouble with AC21 once. I ended up having a gap between my 2nd and 3rd EADs (so did my wife too), as we tried to do too much 'optimization' of EADs. Well, we learned the hard way that 'optimization' effort is bad, as both of us had to stop working during the gap. It's not a very pleasant feeling having to explain our respective employers that we had such issue. We lost money too, as we couldn't be legally paid during the gap - in addition to the unnecessary stress. I wish USCIS issues EADs with longer validity period - something like 3 years (but I once heard Aman say that they couldn't do so due to a software glitch in their system!!). In any case, we are now filing for EAD renewals well in advance of the current one's expiry.
Other issues with AC21 that we faced are things like having to pay for EAD and AP renewals every year, which is quite expensive. I guess you could negotiate this with your new employer when changing jobs. And the sheer inability to change your job roles or take on more responsibilities (on paper too!) is frustrating, but that is more of a lengthy GC processing symptom than an AC21 issue.
All things considered, I think AC21 is good. It's got it's set of issues, especially if you don't use it wisely, but it at least lets you have some kind of progress in your careers. The way I see it, if there is no career progress, I can at least make more money. You got to gain something over years of waiting to keep you going!
Thanks for the info. How early we should renew the EAD? TIA. anukcs
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narendery
08-18 11:52 AM
I received the below emails
on 8/15 - Current Status: Card production ordered
on 8/16 - Current Status: Notice mailed welcoming the new permanent resident. On August 16, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
What is the Audit processing ?
on 8/15 - Current Status: Card production ordered
on 8/16 - Current Status: Notice mailed welcoming the new permanent resident. On August 16, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
What is the Audit processing ?
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sanjeev
06-22 01:50 PM
A Employment letter is mandatory for I-485, the letter has to state that the job position is still available. Refer the below link from USCIS website
http://www.uscis.gov/propub/DocView/afmid/dat/I_485.PDF
Well, just say that you will bear ALL expenses associated with filing I-485. That way the only expense for the employer will be a few cents to photocopy and give you the approved copy of I-140.
If you can get the employment letter as well, that's awesome. Otherwise, just use two recent pay stubs. And for those who are going to jump in and say, "No, employment letter is absolutely required...", well, it is not. It's good to have one in case USCIS want it, but not mandatory.
Thanks,
Jayant
P.S.: I am guessing the net financials of your company must be $5000/year otherwise I don't see how paying for your I-485 affects the company's bottomline! :-) Of all the BS, this excuse is a winner!!
http://www.uscis.gov/propub/DocView/afmid/dat/I_485.PDF
Well, just say that you will bear ALL expenses associated with filing I-485. That way the only expense for the employer will be a few cents to photocopy and give you the approved copy of I-140.
If you can get the employment letter as well, that's awesome. Otherwise, just use two recent pay stubs. And for those who are going to jump in and say, "No, employment letter is absolutely required...", well, it is not. It's good to have one in case USCIS want it, but not mandatory.
Thanks,
Jayant
P.S.: I am guessing the net financials of your company must be $5000/year otherwise I don't see how paying for your I-485 affects the company's bottomline! :-) Of all the BS, this excuse is a winner!!
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Sideliner
07-20 09:36 AM
100$ from me. Please let me know how and when. Thanks
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yabadaba
08-02 10:30 AM
I called customer service yeasterday and the response is that they were processing June22 cases and they would get to July 2 in 2-3 weeks.
which customer service...texas or nebraska?
which customer service...texas or nebraska?
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jsb
08-15 10:20 AM
It may be better if you refile it now (before Aug 17). My lawyer made me refile...just because there is no receipt yet. He says by doing so you don't lose anything. If your first application is in the system at the time of opening second, it will be returned. It is very unlikely that they will cash second check. Fedex confirmation only tells that 'something' was delivered. It does not tell what was inside...
[QUOTE....I am wondering what if they misplaced/lost my application, will they accept resubmitting a new I485 petition after Aug17th based on Fedex signature conformation receipt signed by an IO, of previously filed petition??:confused:[/QUOTE]
[QUOTE....I am wondering what if they misplaced/lost my application, will they accept resubmitting a new I485 petition after Aug17th based on Fedex signature conformation receipt signed by an IO, of previously filed petition??:confused:[/QUOTE]
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mrsr
07-08 12:28 PM
may be by october we will have some visa numbers at that time they may let us file, rice donot mind loosing 2 or 3 billions to AILF because we are alreading loosing 3 to 4 billions in iraq every month and by now she is get used to it.
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vinabath
04-23 04:32 PM
my opinions in bold
Both parties ( employee and employers) bend letter and spirit of law. Think fake resumes, references, experiences on employee side. Think no salary on bench, lack minimum professional decorum, professional ethics on employers side. But overall my sympathies are with employee and more so in this case.
-- How can an employer pay salary on bench when employee wants to be an independent contractor(80%) on w-2
In > 90% of cases I have seen, Desi employers dont operate on good faith. A good example is punitive damages. The employer does h1B, incurs about 5K cost and expects the employee to serve out 12 months. The exit clause is 25K. Its downright silly and precisely what causes employee anxiety. Instead if it is prorated for stay, it would be fair for every one involved.
-- 25k because its just not about H-1b costs. Its business. Business needs to make profits and be healthy. Business dont want H-1B employees who would like to stay for less than an year. It affects other H-1B employees and their immigration process. Businesses hate to ask H-1Bs from INS and cancel H-1s. It puts a blotch on the Business. Afterall INS give H-1B approval hoping that the employee works with the employer for atleast 3 years .
Hoarding I-140, labor certificatio etc and giving no visibility is another deal breaker.I just dont get it.
you are right but this is also forced by H-1B employees.
Some one commented its a small world, apologize if necessary blah blah. If, for a minute the employer in this case thinks in positive way, ( My former employee would be at this place, couuld be in a position where I can sell more, i could get referral for new employees) he wouldnt be doing something like this which downright irresponsible and can cause significant damage to his shareholders. Being a small world goes on both sides.
Thats pretty optimistic and long term thinking.
For a techie, clilent is king. I would never displease the ultimate beneficiary of my services. Even after my project is over, I keep in touch, do occasional free consulting all in hope of building my network. But for employers like these, who add no value, i have no sympathies.
Both parties ( employee and employers) bend letter and spirit of law. Think fake resumes, references, experiences on employee side. Think no salary on bench, lack minimum professional decorum, professional ethics on employers side. But overall my sympathies are with employee and more so in this case.
-- How can an employer pay salary on bench when employee wants to be an independent contractor(80%) on w-2
In > 90% of cases I have seen, Desi employers dont operate on good faith. A good example is punitive damages. The employer does h1B, incurs about 5K cost and expects the employee to serve out 12 months. The exit clause is 25K. Its downright silly and precisely what causes employee anxiety. Instead if it is prorated for stay, it would be fair for every one involved.
-- 25k because its just not about H-1b costs. Its business. Business needs to make profits and be healthy. Business dont want H-1B employees who would like to stay for less than an year. It affects other H-1B employees and their immigration process. Businesses hate to ask H-1Bs from INS and cancel H-1s. It puts a blotch on the Business. Afterall INS give H-1B approval hoping that the employee works with the employer for atleast 3 years .
Hoarding I-140, labor certificatio etc and giving no visibility is another deal breaker.I just dont get it.
you are right but this is also forced by H-1B employees.
Some one commented its a small world, apologize if necessary blah blah. If, for a minute the employer in this case thinks in positive way, ( My former employee would be at this place, couuld be in a position where I can sell more, i could get referral for new employees) he wouldnt be doing something like this which downright irresponsible and can cause significant damage to his shareholders. Being a small world goes on both sides.
Thats pretty optimistic and long term thinking.
For a techie, clilent is king. I would never displease the ultimate beneficiary of my services. Even after my project is over, I keep in touch, do occasional free consulting all in hope of building my network. But for employers like these, who add no value, i have no sympathies.
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Zeb
07-25 01:47 PM
so were u able to do landing? if yes, then how u did?
I took my car.Once you get landed immigrant status in canada, everything needs to be transferred with you. They asked me either transfer my car or take it back to USA right away.As I have my family with me, So I argued for a while but no success. So i went to the customs and let them fill up the paper work to get the car transferred.Also they dont let your personal car to list in the things to follow paperwork, if you are driving the same car.I came back to USA after two weeks. But the transfer procedure still require you to get clearance from the USA for which you have to give the 72 hour notice to some agency and then take the car.Also you need Manufacturing clearance recall letter(which can be done both in USA & Canada).
I did not pay canadian customs a fee which is 209 + tax, as I want to bring the car back to usa. You have 45 days to get all this things done , other wise You have to export the car back to USA. They told me to send the payment or they will send a reminder notice after 10 days, which to date i have not received yet.You have to buy insurance and change the odometer into Km and also headlights should remain on when you start your car. I dont know what gonna happen, but I will sell the car if I have to, and send them the sale receipt.By the way i entered from detriot, and everything went smoothly.
I took my car.Once you get landed immigrant status in canada, everything needs to be transferred with you. They asked me either transfer my car or take it back to USA right away.As I have my family with me, So I argued for a while but no success. So i went to the customs and let them fill up the paper work to get the car transferred.Also they dont let your personal car to list in the things to follow paperwork, if you are driving the same car.I came back to USA after two weeks. But the transfer procedure still require you to get clearance from the USA for which you have to give the 72 hour notice to some agency and then take the car.Also you need Manufacturing clearance recall letter(which can be done both in USA & Canada).
I did not pay canadian customs a fee which is 209 + tax, as I want to bring the car back to usa. You have 45 days to get all this things done , other wise You have to export the car back to USA. They told me to send the payment or they will send a reminder notice after 10 days, which to date i have not received yet.You have to buy insurance and change the odometer into Km and also headlights should remain on when you start your car. I dont know what gonna happen, but I will sell the car if I have to, and send them the sale receipt.By the way i entered from detriot, and everything went smoothly.
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seshuvaidehi
08-25 06:32 PM
Reached application to NSC on 7/23. No checks cashed yet.
Anybody else there with 7/23 received date?
Anybody else there with 7/23 received date?
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english_august
07-11 02:02 PM
I think the biggest 'thank you' belongs to Chidananda Rajghatta of the Times of India as far as the media is concerned. After all, it was his report in TOI that lit a fire under this campaign!
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godspeed
07-24 03:11 PM
Same here:
Service Center : TSC
File type : Paper Based
Filed : May 29th
No update since then:
EAD Expires 09/08.
Started to get worried!!! Hoping to get the cards in two weeks else will ask lawyer to look into the matter (Don't know what they can do in this situation)
GCCovet
you are aware that you can get temporary ead issued from local uscis office if its taking more than 90 days for ead to arrive?
Service Center : TSC
File type : Paper Based
Filed : May 29th
No update since then:
EAD Expires 09/08.
Started to get worried!!! Hoping to get the cards in two weeks else will ask lawyer to look into the matter (Don't know what they can do in this situation)
GCCovet
you are aware that you can get temporary ead issued from local uscis office if its taking more than 90 days for ead to arrive?
sam2006
07-20 12:24 PM
Congratulations Aman !!!
100 $ more from my side once the Checks get cleared !!!
100 $ more from my side once the Checks get cleared !!!
Macaca
07-06 08:59 PM
Sure, I will join the tomorrows march organized by fightnow.
I am impressed with the Chinese!
Ask the Chinese (and everyone else) to stay tuned (and join) your meet whenever it takes place!
BTW, thanks for getting rid of msyedy! What a relief without the spectre of msyedy!
I am impressed with the Chinese!
Ask the Chinese (and everyone else) to stay tuned (and join) your meet whenever it takes place!
BTW, thanks for getting rid of msyedy! What a relief without the spectre of msyedy!
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