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  • wahwah
    06-05 12:03 PM
    HQPRD 70/6.2.8-P
    Michael Aytes
    Acting Director of Domestic Operations
    December 27, 2005


    Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)

    I. Q & A ON PROCESSING OF I-140 PETITIONS AND I-485 APPLICATIONS UNDER THE I-140 PORTABILITY PROVISIONS OF �106(C) OF AC21

    Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?


    Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has been pending for 180 days or more, the following procedures should be applied:
    A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
    B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a response is received, and if the petition is approvable, follow the procedures in part A above

    Even as it stands RIGHT NOW without the "New AC21 Rules", you cannot use AC21 unless your I-140 is approved. The basic principle of AC21 is "If your I-140 is APPROVED AND your I-485 application has been pending for more than 180 days" you can switch jobs and not lose anything.





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  • shree772000
    05-17 12:16 PM
    First of all make a complaint about the employer to the INS that he is not paying... and make decision, US is not your entire life. If you have confidence you can do anything anywhere in this small world.

    We have skills and ability to make many more countries like US.... We have to beleive it....





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  • Sakthisagar
    10-28 12:22 PM
    Really do you have proof of that? Or do you need someone else to decide what is right or wrong for you.

    well you are in the wrong country my friend. Look around, unlike your misconceptions, most people here are not very religious.

    You are one of the Proof. YOu need that... finally. See How you blabber for yourself.





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  • makemygc
    08-01 12:14 PM
    I just checked - mine was L.Armstrong too....

    Is there anybody who filed on July 2nd at NSC, I-140 approved from TSC and got the receipt or checks encashed??



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  • sanju
    10-23 04:18 PM
    With a comment "ooooo". I want the IV admin's to find out who that coward is and ban them from any and every board that is out there on internet. If they don't do it, I will be so scared of posting any of my thoughts in future as that person will come and give me more red , depriving IV of a valuable member.
    Just kidding. As you guessed, things are a little slow at work today.

    This a good one. I almost felt irritated reading first few lines. But it turned out good. :p This is good. No more complaints about red dot messages.





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  • PD_Dec2002
    06-19 03:04 PM
    You would need employee letter as well. The employee letter will state that the position is still open and they are willing the pay the amount that was initially agreed to while filing for labor.....so pay stub is not enough.....

    desi3933 and WillIBLucky:

    My lawyer as well as my wife's lawyer confirmed that an employment letter is not required if using pay stubs. Several posters on this forum have gotten the same information from their lawyers. Anyway, let's not get into a debate on who's correct or incorrect.

    It's a different thing to have the employment letter to make the case stronger (probably), but you will definitely not get a RFE for using the pay stubs. And in "sats123"'s case, this is a less expensive and reliable option.

    Of course, one could argue it's worth paying $5000 if it ensures a smooth adjucation, but then that would depend on the financial situation of the applicant. I cannot comment on that for "sats123".

    Having written all this, please check with your own lawyers and do what they advise.

    Thanks,
    Jayant



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  • Robert Kumar
    01-04 12:12 PM
    Applied for EAD and AP together (e-file at TSC center) in the last week of Nov 2010 and got the EAD card yesterday in mail. The validity period is for 2 yrs. The online status for EAD updated accordingly. However there is no status update for AP.

    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,
    Bobby.





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  • BharatPremi
    11-30 03:18 PM
    Forward discriminatory job posting to "compliance@dice.com" for corrective action by Dice.

    Conversation with Dice:

    Hi xxxxxxxxx,

    We actively monitor the site for discrimination and address them on an
    individual basis. It is the responsibility of the employer to not
    discriminate in their postings and many of them do not realize that they
    are being discriminatory. We are constantly working with employers to
    make sure they are in compliance with the EEOC guidelines to give them a
    heads up as the Justice Department is also monitoring the job boards. As
    you can imagine, this is a never ending task.

    If you find a particular posting, please forward the posting to us at
    "compliance@dice.com" and we will address it.

    Since the employers are responsible for their own postings, you will not
    receive a reply from our legal department as we are not liable.

    Have a great day!

    xxxxx xxxxxxxxxxxx
    Customer Compliance Specialist
    Dice, Inc.
    Phone: 1-888-xxx-xxxx xyyyy
    Fax: 1-xxx-xxx-xxxx
    E-mail: xxxxxxx@dice.com
    www.dice.com

    -----Original Message-----
    From: xxxxxxxxx
    Sent: Thursday, November 16, 2006 2:42 AM
    To: xxxxxxxx
    Subject: Contact Dice Message

    First Name:xxxxxxxxx
    Last Name:xxxxxxxxx
    Address:
    City:
    State:ALL
    Zip:
    Country:us
    Email:xxxxxxxxxx

    Message:
    Many of the job advertisements on DICE start with a restriction - US
    citizen only, USC or GC only etc ... Only some of these advertisements
    genuinely require a security clearance and hence applicable to US
    citizens only. Rest of the advertisements are *** DISCRIMINATORY *** for
    foreign nationals. Definitely this is a fertile ground for class action
    suit by a competent attortney. Please ensure your clients follow the
    law. Do not let law breakers post on your web site by coming up with
    some point system and penalizing the offenders by removing their ad or
    banning them after repeat offenses.

    Please look at EEOC web site (specifically foreign nationals section) to
    understand current law. I will be waiting for reply from your legal
    team, before I take any further action.

    Do you really have a proof (legal content) that demanding "Only US CItizens /Green card holders will only be considered" OR " We do not process H1B work Visa" would be agianst the US law? I do not think so.. If you have please point us the finger.



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  • pappu
    11-02 02:58 PM
    Questions for everyone to research and post the answers------


    -- Is there any real example on any internet forum, website or blog where someone faced problem in citizenship because they left their sponsor employer before 6 months expired? Do not find opinion but a real proof.

    -- Can any lawyer provide a case example to illustrate the above. We can go into detail, talk to USCIS and seek clarification.

    -- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.


    I will repeat again that I said earlier.

    Again, do not quote some lawyer's opinion on this issue from his/her website.





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  • brad_sk2
    07-26 01:09 PM
    The last link (Times27..) one doesn't open btw

    Dude...he is just predicting...Please spend a minute or two reading the contents before replying!



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  • p7810456
    06-23 12:22 PM
    Folks

    where are you guys taking these? Fedex kinko's would be fine? any pointers in the NY-NJ area?

    Thanks
    I got mine from Walmart, after i heard from couple of my friends. they give 6 photos for 8 bucks or something, where-as if you go to places like Walgreens or CVS.. they only give 2 photos for 8 bucks.





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  • eb3_nepa
    03-16 04:21 PM
    I have just read it.
    Did you read the Tancredo send a letter to the SJC to warn them?

    Can you pls post that letter here?



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  • snathan
    06-18 07:19 PM
    Can we have a letter / online fax campaign atleast...

    May be a letter from Rep Longfren etc.

    Yes...we are. I will let you know once we are ready.

    Thanks.





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  • insbaby
    08-07 06:59 PM
    Even if I back date my marriage (as advised) , How can I get my future wife to USA?. I cannot get her on depend status as my H1-B (I believe) got canceled on approval of GC.


    Never think of such practice.

    You have two good news at hand, but you are unable to enjoy it.

    Follow what is legal and enjoy your life.

    Its very disappointing to see a "Highly Skilled Professional" suggesting to doctor a record that contains an important event in ones life to get a piece of plastic card.



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  • CADude
    05-29 04:58 PM
    We have to send BIG "THANK YOU" card who wrote this bill..:cool: It has written by NumberOne or Far Left Democrats or What?? Some one is smoking crack/pipe when writing :)

    Posting this since almost every thread has the question about the cut-off date after which all LCs or I-140s will be invalidated.

    http://www.ilw.com/articles/2007,0530-endelman.shtm

    Excerpt from "http://www.ilw.com/articles/2007,0530-endelman.shtm" posted earlier, the cutoff date is May 15, 2007; NOT May 21 2007. (Thanks to "cnag" for finding this link).

    ... ...
    Wait, there is more! The end of employer-sponsored immigration and the inauguration of the points system do not take place at the same time. No kidding, there are two different dates when the old is no good and the new becomes available. If you can contain your excitement and read the finer points of Section 502(d)(1) of S. 1348, you will discover that the point system does not take effect until the first day of the fiscal year following enactment, unless (and there always is one) this is less than 270 days. What then? Not to fear. In that case, the point system does not "go live" until the first day of the FOLLOWING fiscal year. Keep reading! The point system in clause (1) is made expressly subject to clause (2) which has few surprises in store. It is not for the uninitiated or the faint of heart. These tender souls should protect their blood pressure and keep on reading. Pursuant to Section 502(d)(2), only those employment-based immigrant petitions on Form I-140 filed before the introduction of S. 1348 on May 15th will remain valid and serve as the basis for an immigrant visa after enactment. So what, you say? Well, suppose that President Bush signs the bill on September 10th 2007. That is the date of enactment. Now, the points system waits until October 1, 2008, the first day of the second fiscal year following enactment. From September 10, 2007 until October 1, 2008, over one year, we will have no employment-based green cards! You heard me right friend, no employer sponsorship based on anything after May 15th 2007 and no points system. This is Pat Buchanan's dream come true- an entire fiscal year without any green cards being issued on the basis of employment!
    ... ...

    Thanks,
    Jayant

    http://www.ilw.com/articles/2007,0530-endelman.shtm





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  • GCSOON-Ihope
    06-23 02:08 PM
    Brahmam and Company -

    This is the height of Frugality sir :eek: . Contribute something to this society instead looting(??) everything from here and wiring to Bank of India or whatever:p .There should be a limit to this nonsense questions to be posted for Members to Read and Answer. Please grow up in life.Few Dollars here and there will not make this World upside down nor will it buy huge real estate lands in your Place. Also, buy Trash-bags for throwing Trash instead of use Walmart plastic to throw into Dumpsters.Some in my Apts do that all the time inspite of Property Managers advising against doing it.you fall in this Category.

    To answer your Question, Walmart is the cheapest for anything .Period.Why?? Please see this Documentary 'Wal-Mart: The High Cost of Low Price '.

    I'll give you the last call to burn your ego.:cool:

    - Shalom

    1 100 % agree with you! Some people on this forum are so darn cheap, that really infuriates me sometimes. What are a few bucks, even a few hundreds or thousands compared to the benefits of getting a GC?
    Anyway...do you have the link to that WalMart story?



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  • kothari_rupesh
    02-21 02:05 AM
    I got LUD 2/17 and 2/18, same for my wife, 2/17 was RFE message, got my wife's RFE in mail today it was for a serological HIV test which was supposedly required but was not done.

    Have yet to receive my RFE yet, hopefully tomorrow.





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  • Siboo
    07-27 03:06 PM
    I am July 2 filer...

    I mailed second set yesterday...

    Then I thaught I mailed to Nebraska address then I mailed my third set to Texas center, dont want to take any chance whichever will be accecpted first.

    I am smart...;)

    It is not late now.

    You may send one to California Service center, one to Vermont Service center and the final one to National Support center.

    I am sure you will get at least one Receipt number. :D :D





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  • abhijitp
    09-21 06:03 PM
    Thanks for playing your folk tunes, and singing and reciting poetry on stage at the rally! Please let us know the IV handle of the other guitarist and singer. Thanks for inviting me to join you but I am way too shy to sing on stage :o 3 cheers to abhijitp, you make CA proud!

    We guessed you were lying to us when you said you do not sing! You should have joined us... we would have then sung the song that only you and the other singer/guitarist know (besides Digital2k) know. BTW, the guitarist was Dr Saurabh although I don't know his IV handle.

    It's the beginning of this weekend, but let me rewind things to the last weekend. I received a call from Paskal while I was walking into "Costco", when he told me about his idea of having me and someone else sing and keep folks entertained before the rally. He connected me to Saurabh, and it felt really nostalgic when Saurabh and I rehearsed the song over the phone... somewhat like how two friends would do it in college.

    Then on the day of the rally, we knew we had to rehearse with our guitars, and we also knew we would have to, first of all, tune our guitars to one another. But to our sweet surprise, our guitars were already tuned:) We then went a few feet away from the registration booth, and began practising... but something funny happened.

    One of the airfare beneficiaries came to me and said hello. We stopped playing and exchanged hellos, and chatted for 2 minutes, but guided him to Venkygct who had been very kind to take over all the "check disbursement" responsibilities. Another 2 minutes, and we have another beneficiary visiting. This time, Venky sees him and runs to us:)

    But, we have only a few minutes to the rally, so we decide to go further away from the booth.... and we go really really far... and then start practising once again.

    And then after a few minutes, we see Venky and a beneficiary running to us from 2 different directions, but Venky intercepting the missile before it got us:D

    Thanks Venky for everything! You made it all sound easy. Starting from the day you postponed your India trip to make it to the rally, you had started making a positive impact on us.
    (Folks, Venky even roped in a handful of his own friends to come to the rally. )

    You were the God-sent help Arun and I were really missing! We had been finding it hard tracking down some of the sponsors and beneficiaries whose IV profiles had phony emails and bad phone numbers! But you came and things started moving real smooth.

    Not to forget Drona's tremendous efforts in roping in dante, prp79, jiren... and in fact co-ordinating the sponsorship for one of them completely on her own!

    Of course, Drona's dream to form the "Let's partner to increase resonance" band remains unfulfilled. So venky, by the next rally, do learn to play the drums:D





    humdesi
    12-29 01:55 PM
    As I explained here

    http://immigrationvoice.org/forum/showpost.php?p=210490&postcount=26

    AC-21 is just an illusion of freedom - even if 180 days have passed, even if I-140 is approved.

    My advice: DON"T CHANGE EMPLOYERS UNLESS YOU ABSOLUTELY MUST.





    dagrawal
    12-14 03:06 PM
    I got my 2 year EAD in about 60 days (filed on first week of Oct 2010).

    Thanks
    Deepak



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