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  • rolrblade
    06-26 08:44 AM
    Although you dont realize, in this case, you would be using AC21....Your I-140 is approved and I-485 pending for 180 days, and you are moving from your original GC sponsor to a different employer. That is AC21 for you! The part of law that allows you to port your GC from original GC sponsor to a different employer.

    Think of this scenario. You work for Company A on H1/L1. Company B sponsors your GC. You join B after you get your GC. In this case, there is no Ac21 involved. But in your case, according to my understanding, you would be invoking AC21.


    I completely agree with gcisadawg. Technically you are invoking AC21 if after your GC is approved, you do not work for the petitioning employer. Also curious, as to why you wouldnt want to send in a letter for AC21, unless your job duties are not "Same or similar", in which case you run a bigger risk.

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  • ksircar
    12-04 07:58 PM
    Very interesting:

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  • factoryman
    06-19 02:27 PM
    don't delay or filing. your treatment is a protocol or SOP. you should be fine

    Dear All,

    I was doing part -time school in a university and before they wanted to admit me,the university procedures included TB test. I showed positive in skin test and negative in X-ray about 4 months ago.

    But the school procedures expected me to take TB tablets otherwise they wont let me register for courses. For the last 4 months I am on TB medication, I have it going on until october of this year.

    Right now, I am in a dilemma. Since all our PD's our current, we need to get medical examination done. I don't know how my skin test is going to be since I am taking meds.

    Should I inform my doctor that I am on medications or should I just hide it?

    And should I take a letter from my school health department about how I don't have TB but been given medicines for School purposes? What should I do?

    Please advise.

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  • krishmunn
    02-07 10:17 AM
    How much is the diffference ? If the pay (you are getting) and the required pay is not vastly different (say within 10-12 % range) you should be OK if company can prove their ability to pay.

    The GC salary offered need not be paid now, it need to be paid after 485 is approved (which possibly will take years)


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  • sweet_jungle
    08-08 06:49 PM
    In the same boat...

    PD: 03/08/2006
    RD: 07/02/2007
    ND: 08/10/2007
    Transferred from CSC to NSC: 09/05/2007

    I think this is a hug issue that needs to be taken up with Ombudsman.
    I am PD, Dec, 2004 and July 2 filer.
    Mine is also NSC_CSC_NSC route.
    Today, first level was unable to fileSR.
    Second level said you are 400 days within processing time. Obviously, they are using 2006 date of CSC.

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  • prince_waiting
    08-30 04:36 PM
    Hi IVians,
    I am trying to file for my H1 renewal on my own, I want to know if somebody in this community has done that. Also since SESA takes a bit of time in terms of wage determination, can I use the DOL online wage library as my source. Any inputs would be appreciated.



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  • samswas
    01-21 11:17 AM
    Thanks for your reply and I understand that AC21 can be used for job in same or similar occupation.

    Since my Emp A (GC sponsor) agree to continue the GC process, why do i need to invoke AC21 with Emp B?


    Your Emp A may say anything, but if he revokes your I-140 before you file AC-21, then you will be in trouble. It is always safe to file CA-21

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  • shahrooz
    08-26 10:45 PM
    Thanks for your replies. I'm 99% sure all documents should be OK since I reviewed them maybe 10 times before finally mailing them. About extension, the customer service rep told me it's technically not possible. I'm not sure what she meant by "technically" and she sounded more like an answering machine with a few pre-organized lines and sentences, and she wasn't very helpful. So funny, at one point I asked her :"Excuse me, is this a real person I'm talking to?" and she said :"Yes sir!" with a little tingle in her voice. :D

    I'm going to try customer service once again tomorrow & see what happens. Maybe I get lucky and talk to someone a bit less similar to a Humanoid!

    gc_chahiye: Thanks for the technical advice. I'll check with my attorney tomorrow. You said 30 odd days. That is more or less 60 days, and it's more than enough. Meanwhile, I'll prepare the work experience letter and hope for the best, although whatever has happened to me in this country, has been kinda ... well, the worst.


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  • logiclife
    02-23 12:00 PM
    Its better to get rejected 2 or 3 times for student visa or H1 visa and give up on "coming to USA idea" than to get those and than suspend your life for 10 years after that until you get your greencard.

    Those 10 years, the most productive years, are spent boiling blood over labor, 140, 485, namecheck, EAD, Advance parole, fingerprinting, H1 transfer, immigration lawyers, backlog centers, retrogression, RFE, no payraise, no promotions, prozac, zoloft, lunesta, layoff fears, H1 status fears, bench(oops), etc. etc. etc.

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  • ajju
    09-08 12:26 PM
    Dear All:

    Need your advice. Filed I-485 on July 5th. I-140 is approved. Working with the employer for 6 yrs. Now that I filed for final stage, my employer wants me to sign a contract voluntarily that I should stay with them for 24 months. What are my legal options in state of CA? He wants to get 20K if I leave earlier than contract term. I signed it since he threatened me to revoke I-140. Can I backout after portability law kicks in.

    Thanks in advance.

    Check with a good attorney like Sheela Murthy or Rajiv Khanna after 6 months... Until then you really don't have any choice... I am surprised to see that you worked for this employer for last 6 years and this is the state of your relationship... Did he paid for all the legal fees or was it paid by you??


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  • a_yaja
    07-13 04:49 PM

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  • tdasara
    02-08 07:33 AM
    L1A is for managers and you actually have to work atleast one year outside the US to apply for a GC (L1A - GC)

    L1B is most commonly used (abused). There is no minimum required pay and has no cap. Moving from L1B to H1b is a nightmare.


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  • reverendflash
    10-21 03:59 AM
    Life is like a big bowl of Jelli-Bellys...

    reach in, grab a handful, and make your own flavors!



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  • indigo10
    10-25 02:32 PM
    how do you get a copy of the approved i-140 if the employer is not willing to give it?

    There is no straight way to get a copy of I140 approval notice. For all practical purposes the I140 reciept number will be sufficient(eg: To retain your priority date in case you file GC with another employer).

    However, You can file a request using FOIA. Check the following threads.


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  • GoRedSox2007
    11-29 12:50 PM

    I also noticed the same. On 11/25, there was a new LUD on my case. But again on 11/27 I had new LUD and this time I received a email from USCIS that my card has been ordered. But my wife's status is as it is, her LUD is still 11/25.
    Hope this helps.

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  • andy_traps
    03-20 03:20 PM
    The Orange County Register has an article about Immigration related policy making (CIR?) that is going on behind the scenes.

    Agreed that this is no New York Times or Washington Post report, but hey some news is better than no news at all, don't you agree?


    The text of the article:

    Kennedy says immigration bill will happen
    California's Assembly Speaker meets with veteran lawmaker as part of Washington lobbying trip.
    The Orange County Register

    WASHINGTON Just because a comprehensive immigration bill has not yet been introduced in the Senate that doesn't mean the issue has gotten off the track, Sen. Edward Kennedy said today.

    The Massachusetts Democrat said bipartisan negotiations are continuing both among the members of the Judiciary Committee and with the White House. The veteran lawmaker has made the calculation that it's better to get as much agreement on the elements of what is likely to be a complex and controversial bill before it gets introduced than after.

    "It is the judgment of those who want the bill that the way we are following is the fastest way of getting the legislation,' said Kennedy. "Obviously we have to consider it on the floor in May or no later than June.''

    Kennedy spoke to reporters about the status of an immigration bill this afternoon after a meeting with California Assembly Speaker Fabian Nu�ez and Assembly Republican leader Mike Villines. More than 30 state lawmakers are spending three days in the nation's Capitol, lobbying federal officials on issues ranging from education to the environment to immigration.

    "We believe states like California are disproportionately affected by immigration since we have such a large population of undocumented in our state,'' said Nu�ez. "But we also believe these undocumented immigrants, whether they come here legally or not are a contributing factor to California's economy. We have hundreds of thousands of families that are looking forward to a comprehensive solution to immigration reform. "

    Villines attended the meeting with Kennedy but skipped the following news conference.

    "If is doesn't happen it isn't going to be for a lack of effort,'' said Nu�ez. The Assembly leader plans to meet today with House Speaker Nancy Pelosi and he said he will make it clear that this is a top priority for state lawmakers.

    When asked, Pelosi has said she supports a comprehensive bill but it is not an issue she often mentions when enumerating her top goals. A bipartisan group of House members are working on their own immigration bill, which could be introduced as early as this week.

    That measure, as well as any bill Kennedy is a part of, will likely include increased border enforcement, a new guest worker program, and a computerized program to verify employment status and a path to legalization for the estimated 12 million illegal immigrants here now.

    President Bush supports such a plan despite vocal opposition from members of his own party.

    Kennedy has spent months negotiating a broad overhaul bill with his partner thus far in this effort, Sen. John McCain, R-Ariz. But last week, after it became clear that there were still significant details the two could not agree on, Kennedy said he instead planned to bring back the bill that was voted out of the Judiciary Committee last year.

    Also complicating the deal making this year are separate talks among a group of GOP senators and the White House. Several of the Republican senators involved in the talks are known not to be willing to vote for a bill that includes a path to citizenship for undocumented immigrants.

    Asked whether he is concerned about such a proposal, Kennedy indicated that such a bill wouldn't work.

    "If the constituency groups and the stakeholders are not interested in this then the legislation isn't worth the paper it's printed on,'' he said.

    Sen. Dianne Feinstein, D-Calif., recently said she believes the best route to take may be to pass a bill that would affect the five million agricultural workers and do that as a first step towards a broader solution.

    But Nu�ez said he doesn't favor such an approach.

    Nu�ez said the labor needs of the inner cities in California and around the country wouldn't be taken care of if just agriculture is addressed.

    "If you take care of the ags piece I fear it will be a long time before you get comprehensive reform in the other areas,'' Nu�ez said. "Our hope obviously in California, is that we can solve this problem in its entirety and do it in one effort."


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  • sircaustic
    07-20 12:43 AM
    good to hear that it worked out ok in your case!
    One Q: how long did it take for USCIS to get back to you with a confirmation that the MTR was accepted? [from the day you requested it]

    Well.I did not have to request for confirmation. My attorney received the letter the next day after I received the automated email. The online status for my case still shows as "Denial Notice Sent".:(

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  • mygc2006
    06-14 11:19 AM
    Like everyone here, my PD is also current. My H1b is expiring in the last-week of Nov this year (2007). If I file for 485/EAD etc. in early July. Do I need to extend my H1b? How long does it take to get the EAD? What if, if I do not receive the EAD before Nov ? Go ahead and file 485/EAD etc. EAD approval takes 2-3 months. To be on the safe side, apply for H1 extension also . it is safe to keep H1 till you get your 485 approval.

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  • Hinglish
    03-05 03:04 PM
    No worries ... this bill aint going no where .... it is just a political ploy to corner Dems and force them to take a harder stance on immigration

    07-07 01:39 PM
    [QUOTE=gc_wow;471870]I have applied 485 during the july07 fiasco,I got 2 eads and aps,they have not even touched my case since april08.Is my case preadjudicated?[/QUOTE

    You will see soft/hard LUD sooner.

    06-20 02:41 PM
    Is copy of approved I140 required for filing ?
    Will just having a receipt notice of I140 do? My 140 is approved but I don't have the approval only the copy of the receipt notice.

    I understand that attorney is the best to answer this question, but still thought of posting to get an idea to see if it is possible to file 485 without copy of approved I140.

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