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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Pagal
09-09 10:03 PM
Hello,
Don't like EB-3 dates...but looking at EB-2 dates, does this mean that from now on we will see only forward movement in EB-2 I/C dates?
If the first month of the new year didn't retrogress, would every month see a movement of week or two? Or keeping in great USCIS tradition, this is just another 'fluke'? ;)
Don't like EB-3 dates...but looking at EB-2 dates, does this mean that from now on we will see only forward movement in EB-2 I/C dates?
If the first month of the new year didn't retrogress, would every month see a movement of week or two? Or keeping in great USCIS tradition, this is just another 'fluke'? ;)
grupak
07-30 11:10 AM
As other have noticed, I also got two emails. One on July 29 other July 30 about the case.
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mita
08-11 11:02 AM
Guys,
Let us update any developments so that it might help others to know the chain of updates after receiving the magic e-mail.
Mita
Same exact sequence of events happened to me. I am sure we will have our cards this week God willingly.
Let us update any developments so that it might help others to know the chain of updates after receiving the magic e-mail.
Mita
Same exact sequence of events happened to me. I am sure we will have our cards this week God willingly.
more...
CADude
03-25 05:50 PM
You are an optimistic guy. keep it up. I used to be same once upon a time. Not Any More... :D
EB3 India, PD: July 2001
Per IO, case not assigned to AO. Will take approx 90 days to assign to AO.
You will get it this Calendar Year. Trust me.
EB3 India, PD: July 2001
Per IO, case not assigned to AO. Will take approx 90 days to assign to AO.
You will get it this Calendar Year. Trust me.
neerajkandhari
10-08 07:06 PM
I am july 2 filer
I believe 180 days are over around 31 dec 2007 for using AC21
I am planning to quit my job and go to india for max 3 mnths
I have a job offer and they are ready to hire me from 1 april 2008
what precautions should i take so i dont have problems while coming back
I am planning to use AP
I believe 180 days are over around 31 dec 2007 for using AC21
I am planning to quit my job and go to india for max 3 mnths
I have a job offer and they are ready to hire me from 1 april 2008
what precautions should i take so i dont have problems while coming back
I am planning to use AP
more...
m306m
05-01 01:18 PM
Please see this thread
http://immigrationvoice.org/forum/showthread.php?t=17306
http://immigrationvoice.org/forum/showthread.php?t=17306
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r_mistry
02-05 05:00 PM
Hi,
I landed in July 06 in Toronto. Received my PR cards etc and then moved back to US and since then have not visited Canada.
Does anybody know how long one can stay out of Canada after landing? I heard some where its 2 years and some say its 3 years from the date you land.
Can somebody please clairfy that? or have any official ruling on that?
Thanks,
__________________________________
Filed I-485/EAD/AP - July 24th, 2007 - NSC
PD - Oct, 2005 - EB3 - ROW
I-140 approved - Dec 2006
EAD received - Oct, 07
FP done
AP - Wife's AP approved Jan 21st, 2008 - Self Pending
LUDS on I-140/I-485 in November and Early December (These LUDS are in addition to LUDS on I-485 when FP was done)
I landed in July 06 in Toronto. Received my PR cards etc and then moved back to US and since then have not visited Canada.
Does anybody know how long one can stay out of Canada after landing? I heard some where its 2 years and some say its 3 years from the date you land.
Can somebody please clairfy that? or have any official ruling on that?
Thanks,
__________________________________
Filed I-485/EAD/AP - July 24th, 2007 - NSC
PD - Oct, 2005 - EB3 - ROW
I-140 approved - Dec 2006
EAD received - Oct, 07
FP done
AP - Wife's AP approved Jan 21st, 2008 - Self Pending
LUDS on I-140/I-485 in November and Early December (These LUDS are in addition to LUDS on I-485 when FP was done)
more...
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capriol
09-13 02:32 PM
Dear All:
I am starting this thread ONLY for those who filed their 485's to the TSC from July 5th till July 31, 2007. If you have receipt notices for your filings in between these dates, please reply here. I am concerned with what's happening with our submissions at the TSC? Thanks.
I am starting this thread ONLY for those who filed their 485's to the TSC from July 5th till July 31, 2007. If you have receipt notices for your filings in between these dates, please reply here. I am concerned with what's happening with our submissions at the TSC? Thanks.
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reddymjm
06-08 03:27 PM
:confused: :confused: One of my friends checks sent to NSC got cleared today. But mine did not. Both of us sent on JUN1st.
more...
iviviv
10-24 07:31 PM
What is IV's game plan after the elections? Are we being proactive by contacting key Democrats and making them aware of our issues?
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tonyHK12
02-25 02:27 PM
thanks cnag, wait_2010, IamWithImmiVoice, narayan_id for your contributions.
Total Contributions...........$9,525.00
Amount to be raised.......$40,475.00
.
.
Total Contributions...........$9,525.00
Amount to be raised.......$40,475.00
.
.
more...
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anu_t
06-22 01:34 PM
My employer is also behaving exactly similar way... Spend the money from your own Pocket ( 350 med + 385 ) around $750 and ask them to just
give the Future Employment Verification Letter for 485.
I'm finishing up all forms and other activities Like Medical , Birth Certificate etc..
After that pounce on your employer for Letter + the fees for 485 + fees for your own attorney fees ... If they disagrees come to a deal with just for the Letter... You are all set then !!
If they still dont agree i'll tell them that you are resigning and immigrating to Canada (Tell them that your Canadian PR is almost approved and you have a distant relative there)
Sounds like a Plan ? - Let me know !
But don't you need copy of 140 also?
Canda is not the only option.You can tell them that u r resigning.In that case u might not win but atleast he will loose everything.So might be he will ready.
give the Future Employment Verification Letter for 485.
I'm finishing up all forms and other activities Like Medical , Birth Certificate etc..
After that pounce on your employer for Letter + the fees for 485 + fees for your own attorney fees ... If they disagrees come to a deal with just for the Letter... You are all set then !!
If they still dont agree i'll tell them that you are resigning and immigrating to Canada (Tell them that your Canadian PR is almost approved and you have a distant relative there)
Sounds like a Plan ? - Let me know !
But don't you need copy of 140 also?
Canda is not the only option.You can tell them that u r resigning.In that case u might not win but atleast he will loose everything.So might be he will ready.
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solaris27
08-13 08:35 AM
one more thing never got I-797 for EAD , got number from back of chaque ...
more...
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simple1
05-05 02:57 AM
Agreed it is the state dept not uscis.
We should not mix the interpretation of eb2/3 visas with other immigrant visas including other eb due to perm.
Could Please ask the lawyer this following question about statedept eb2/3 visa allocation to non-perm derivatives ?
--
* eb 2/3 generally require perm except for very rare cases. right ?
The employer petitions for 1 permanent-employee. With assurance that the 1 person doesn’t displace local workforce (existing citizen and gc). How come state department allocates additional visa (more than approved) to derivative(s) who is not "perm labor certified" from a quota/poll (eb2/3) that mandates labor market test like perm ? (while the actual qualification is fb2a)
* State department also burns the eb2/3 visa allocated for US-businesses to bring in much needed skilled eb2/3 labor ? while most real primaries wait, the visa gets allocated to non-productive derivatives ?
Is state dept making mistake ?
--
I spoke with our attorney
He said
INA Sec 203 talks only about the eligibility to apply the I-485. But the visa number is derived from a relationship to Principal applicant of green card. This is true for all categories Including investor, asylum, Employment categories. Please note that It is Dept of State that is responsible for this allocation not USCIS.
We should not mix the interpretation of eb2/3 visas with other immigrant visas including other eb due to perm.
Could Please ask the lawyer this following question about statedept eb2/3 visa allocation to non-perm derivatives ?
--
* eb 2/3 generally require perm except for very rare cases. right ?
The employer petitions for 1 permanent-employee. With assurance that the 1 person doesn’t displace local workforce (existing citizen and gc). How come state department allocates additional visa (more than approved) to derivative(s) who is not "perm labor certified" from a quota/poll (eb2/3) that mandates labor market test like perm ? (while the actual qualification is fb2a)
* State department also burns the eb2/3 visa allocated for US-businesses to bring in much needed skilled eb2/3 labor ? while most real primaries wait, the visa gets allocated to non-productive derivatives ?
Is state dept making mistake ?
--
I spoke with our attorney
He said
INA Sec 203 talks only about the eligibility to apply the I-485. But the visa number is derived from a relationship to Principal applicant of green card. This is true for all categories Including investor, asylum, Employment categories. Please note that It is Dept of State that is responsible for this allocation not USCIS.
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jsb
11-26 02:27 PM
Hello
I dont have access to the certified labor copy , I am just wondering if we need it for AC21 purposes. I am not sure how to get it from my desi employer/ desi lawyer. I have a job offer with a fortune 200 company which is willing to do H1b transfer/extension so I am opting for H1b instead of EAD. I am pretty sure about the job description will satisfy the same/similar test.
Is the job title and job description mentioned on the labor cert? Mine is a pre perm case. Is it good to have copy of labor cert for AC21?
I-485 filing package should include a Letter of Reconfirmation of job-offer from your sponsor. This letter should describe what was in the LC. If you get a copy of this letter, you know what you need from your new employer. I-485 is your filing, therefore, you should not have difficulty in getting a copy of full set of what was filed.
I dont have access to the certified labor copy , I am just wondering if we need it for AC21 purposes. I am not sure how to get it from my desi employer/ desi lawyer. I have a job offer with a fortune 200 company which is willing to do H1b transfer/extension so I am opting for H1b instead of EAD. I am pretty sure about the job description will satisfy the same/similar test.
Is the job title and job description mentioned on the labor cert? Mine is a pre perm case. Is it good to have copy of labor cert for AC21?
I-485 filing package should include a Letter of Reconfirmation of job-offer from your sponsor. This letter should describe what was in the LC. If you get a copy of this letter, you know what you need from your new employer. I-485 is your filing, therefore, you should not have difficulty in getting a copy of full set of what was filed.
more...
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alterego
10-08 09:14 PM
None of this damn crap is fair. There are 3 lines in the green card queue. 1) Labor/PERM line, further subdivided on the basis of BEC, PERM, Employer willingness, exempt(NIW) etc. 2) the I-140 Line and 3) the I-485 line. These lines each have inconsistent patterns depending upon the winds of the day, a few years ago, LC/BEC lines were long, employers were less willing to sponsor green cards, and there was no I-140 PP processing, now all of a sudden PERM is there, PP of 140 came into being, and 485 became an eternal wait and country quotas came into being. For those that got screwed with BECs then PP 140 got removed when they were ready to file and now PD retrogressed into the stone age, it sure would seem like non sense for the guy who got PERM in 2 weeks, then PP 140 in 10 days and filed 485 in he July fiasco. Nevertheless you are only speaking in terms of degrees of getting screwed, since all are being done so by an unpredictable and unreliable system.
None of this damn crap is fair, we all know it. The only fair thing is for this country to decide who it wants and needs and sort them out ASAP. A wait of 2yrs, 5yrs or 10 yrs is immaterial, all of the above are ridiculous in EB immigration, degrees of unfairness is splitting hairs if you ask me. Up to 2 yrs is understandable, but beyond that implies a broken system which we need to lobby to fix. If we can all agree on that then, we have a platform to move forward with, otherwise we will get nowhere. When you average out the way most immigrants came to this land....................all of us are way more contributing and deserving, lets try to remind people of that as well as our future potential.
None of this damn crap is fair, we all know it. The only fair thing is for this country to decide who it wants and needs and sort them out ASAP. A wait of 2yrs, 5yrs or 10 yrs is immaterial, all of the above are ridiculous in EB immigration, degrees of unfairness is splitting hairs if you ask me. Up to 2 yrs is understandable, but beyond that implies a broken system which we need to lobby to fix. If we can all agree on that then, we have a platform to move forward with, otherwise we will get nowhere. When you average out the way most immigrants came to this land....................all of us are way more contributing and deserving, lets try to remind people of that as well as our future potential.
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h1techSlave
02-02 04:14 PM
Since we are in a fighting mood, I will throw some fuel to the fire :) :)
When you think about it, reservation and quota system is actually a better deal for the upper caste.
First check out this picture, which details the population percentages and proposed reservations: File:PopulationEstimations.jpg - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/File:PopulationEstimations.jpg)
As per the above picture, 52% of people in India belongs to Backward classes according to Mandal estimates. Since the proposed reservation for them is 27%, the reservation system works in favor of Forward classes as long as Backward classes are not uplifted from their current pathetic situation. Another way of looking at the graph is that 25.5% of people in India belongs to forward classes; and their share in the Indian pie in terms of higher education of job opportunities --> (100 - 27 - 22.5 = 50.5%). Personally I like this system, than 25.5% of us getting only 25.5% of our share.
To conclude:
If reservations stays; 25% upper caste can enjoy 50% of resources.
If reservation system goes away due to uplifting of backward classes; 25% of upper caste will have to satisfy themselves with only 25% of resources.
When you think about it, reservation and quota system is actually a better deal for the upper caste.
First check out this picture, which details the population percentages and proposed reservations: File:PopulationEstimations.jpg - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/File:PopulationEstimations.jpg)
As per the above picture, 52% of people in India belongs to Backward classes according to Mandal estimates. Since the proposed reservation for them is 27%, the reservation system works in favor of Forward classes as long as Backward classes are not uplifted from their current pathetic situation. Another way of looking at the graph is that 25.5% of people in India belongs to forward classes; and their share in the Indian pie in terms of higher education of job opportunities --> (100 - 27 - 22.5 = 50.5%). Personally I like this system, than 25.5% of us getting only 25.5% of our share.
To conclude:
If reservations stays; 25% upper caste can enjoy 50% of resources.
If reservation system goes away due to uplifting of backward classes; 25% of upper caste will have to satisfy themselves with only 25% of resources.
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zoooom
07-20 11:44 AM
Pl. count me in....I pledge $100 towards Aman's expense re-imbursement.
Pl. let me know how to send the amount coz your post clearly says
"do not pay it directly to the IV core funds, yet"
(so far contributed $100 to IV)
Sure will let you know. Please check back the thread on monday for more details...
Pl. let me know how to send the amount coz your post clearly says
"do not pay it directly to the IV core funds, yet"
(so far contributed $100 to IV)
Sure will let you know. Please check back the thread on monday for more details...
akhilmahajan
02-26 11:21 AM
There are 2 ways you can contribute.
1) Write out a $20 cheque and send it to IV on the address listed.
The address to mail the checks to is:
Immigration Voice
3561 Homestead Road #375
Santa Clara, CA 95051-5161
This address can also be found at: http://immigrationvoice.org/index.ph...d=26&Itemid=44
2) Just sign on to www.Paypal.com and send money to donations@immigrationvoice.org.
1) Write out a $20 cheque and send it to IV on the address listed.
The address to mail the checks to is:
Immigration Voice
3561 Homestead Road #375
Santa Clara, CA 95051-5161
This address can also be found at: http://immigrationvoice.org/index.ph...d=26&Itemid=44
2) Just sign on to www.Paypal.com and send money to donations@immigrationvoice.org.
johnwright03
01-31 11:27 AM
so venkat, i have a qn for you? only people who studied here, got opt and h1 are the brainy people huh? In your opinion offshore people working here on H1b is cheap ass? Could you please enlighten everyone here as to how come you came to this conclusion?
Folks please stop bickering...As someone said everyone is here to find a better life and enjoy the same...everyone has the talent..in one field or the other...and it's not that folks who have Master's from US are the only SMART people..!!!
So, let's try to find a solution to nehas issue...I know so many people are looking for the same solution in this Economical Recession time...may be Nehas is on H1b but many are here on their final stages of GC and getting laid off....so, no one knows their fate until it happens..!!!
And as far as I know...nehas status is illegal now...meaning one cannot stay on H1b without getting paid...and nehas should know that it would be hard for you to go for permanent residency in the future..!! So, nehas the best solution would be try to find a job ASAP or change status back to H4...!!! well going, to h4 is just your choice...and note that no one is forcing you to do so..but be reminded that you will have trouble going forward in the future for your GC...
Folks please stop bickering...As someone said everyone is here to find a better life and enjoy the same...everyone has the talent..in one field or the other...and it's not that folks who have Master's from US are the only SMART people..!!!
So, let's try to find a solution to nehas issue...I know so many people are looking for the same solution in this Economical Recession time...may be Nehas is on H1b but many are here on their final stages of GC and getting laid off....so, no one knows their fate until it happens..!!!
And as far as I know...nehas status is illegal now...meaning one cannot stay on H1b without getting paid...and nehas should know that it would be hard for you to go for permanent residency in the future..!! So, nehas the best solution would be try to find a job ASAP or change status back to H4...!!! well going, to h4 is just your choice...and note that no one is forcing you to do so..but be reminded that you will have trouble going forward in the future for your GC...
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