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  • Michael chertoff
    07-12 02:03 PM
    My question:

    I left my GC sponsoring company, and joined different company on EAD. working in new company from last two months.(My I-140 was approved on 2006.)

    I did not used AC21 , because my previous company is supporting me they said they will not revoke I-140 and will give me any letter on any RFE.

    My question:

    1.Is it Ok that i will keep working on new comapny without invoking AC21 and go back to my previous employer on i-485 approval.

    2. Or in case of any RFE i will send the AC21 paperwork from new employer.

    3. Or if there is no RFE, and i get approval. then i will go back to my old employer and ask them for a letter that they are not able give me job because of there financial reason(for my records to show that i wanted to work for that employer). I will keep working with new employer without informing USCIS.

    please suggest what should i do in this situation.

    Or it is must to INVOKE AC21 for me even both companies are supporting me.

    thanks.

    MC





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  • Legal
    07-23 12:28 PM
    I am estimating around 75K EB2 AOS approvals this year. Please check my analysis here. The analysis is based on statistics, testimonies, and spill over from FB to EB as estimated by Ron Gother. The analysis was couple of months old. I believe it still stands.

    http://immigrationvoice.org/forum/showpost.php?p=246481&postcount=1422

    Apart from total number of EB2 visas this year, one thing that is crucial here is how many visas are already used up. And thus how many visas are left for this year.

    In the USCIS testimony, it was stated that they already used up 65% of the "target" in 5 months. Assuming, they used up atleast 30% more in next 5 months, there is only 5% to 10% of visas left over from their "target" number of visas. Did their "target" included spill over? No one knows. Knowing that will put us in better position to estimate the PD progress.

    Though the EB2 moved until June 2006, I am hoping that most of the people before 2005 March should get approved. In that case, even if it retrogresses, it will fall back to March 2005. Once we reach March 2005, we have all statistics from DOL. So, would be easier to estimate.


    There are 20 K EB visas left from the regular EB category for this fiscal and there are minimum of 20k FB visas which spill over for EB.

    Thus conservative estimate 40k visas are available for use before Sep 30th. Liberal estimate the numbers could be higher.

    More likley to happen is most EB-2 upto Dec 2005 getting approved, many in early 2006 getting approved.





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  • okuzmin
    10-19 11:28 AM
    I just got my medical forms from Canadian Consulate in Buffalo. Our documents were accepted on December 8, 2005, and the letter that accompanied medical forms and request for updated documents (interview has been waived) is dated October 4, 2006. Heh, I wish USCIS had this kind of turnaround. :)





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  • ss1026
    03-29 06:45 PM
    or is it ignorance? (even if you are responding to someone' post)
    Hindus in India have come a long way when it comes to religious tolerance,don't you know that?
    Remember we had a Muslim as president(Abdul Kalam) a Sikh for PM(Manmohan Singh) a Italian Roman Catholic as the president of the ruling party(Sonia Gandhi).


    If you say so then I think Sonial Gandhi/Rahul Gandhi/(even Priyanka Gandhi would be the front runners in list. Don't forget Sikh riots/Bofors/Oil Scam/the now Missile scam /KGB connection (ref 'State Within State')/ Rahul Gandhi's arrest by FBI and many more...

    Here, have fun... enjoy this.( I know if it was written by a Hindu you would come back saying it's biased.But now you can really enjoy it )

    To all it's a must read

    http://74.125.93.104/search?q=cache:prdjEwwFXSUJ:www.francoisgautier.co m/Written%2520Material/Christian%2520India.doc+ambika+soni+religion&cd=5&hl=en&ct=clnk&gl=us

    On a side note:
    Kashmir Hindus were ousted by Muslims. Even during the recent Mumbai attacks perpetrators gave a interview to the news channel saying that it is an attack on the Hindu India.
    Still Hindus maintained communal harmony even though Antulay, a muslim ,tried to take advantage of the situation.Still people like you carp about Muslim discrimination.
    What is this desperation to keep the almost non-existent (Hindus-hate Muslims, Hindus hate Christians)hatred/discrimination alive even though reality time and again proves the harmony of Hindus.

    Even after all this I believe the truth that be it Hindus/Muslims/Christians... we are human beings and equal by the very virtue .

    My point is that a person/politician should be judged by the actions/governance and not their lineage. Congress is corrupt like most parties and that discussion is valid (though I would rather see this forum only used for immigration matters...).
    I can certainly provide hundreds of links to make this a dividing post but I dont have a propensity for it. My point was to a show a mirror to people who post some ridiculous posts but get away since they seem to be in the majority or atleast seem to be the loudest. Using the measures of US, a lot of what is said in non-immigration matters on this forum would be deemed so racist.
    As for Kashmir hindus, I truly wishes Justice is done to them. They are the Children of kashmir. Just like I wish justice is done for every person in India whether the crime be done by extremists or State actors. As for the non-existent discrimination of minorities, I hope you are right but trying to silence people who raise such issues is no way to provide justice. Even to this day, discrimination against blacks is a matter of grave concern in this country. A strength of a society/democracy is the treatment of the weakest/minorities.



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  • prinive
    02-12 09:36 PM
    ROW - Rest of World

    :confused:I apologize for my ignorance but
    what is ROW ??





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  • dallasdude
    05-29 01:35 PM
    For all those who are stating that filing in EB1 should not matter, please withdraw your application and let other people in line move ahead. Give me 1 simple reason, why should we not raise this issue. In hindi, there s an old saying "boondh boond karge ghara bartha hain"....

    I will request all of you to send letters to USCIS to raise this issue and lets have a close scrutiny of all EB1 applicants received/filed....I understand that this is not the solution but i am pi***** at people using loopholes all the time.....

    Don't those knuckle heads infiltrate other countries in the world too? This is ridiculous. What a frickin mess we got here!



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  • paskal
    12-13 11:13 AM
    employment base makes up only about 11% of all immigration
    the country would not be "colonized" by choosing people for this category on merit alone. as for 90%- this is too is frankly a wave in my view, all things change, for now many Indian techs want to come and they have jobs available, tomorrow one or both of those things may not be true. But none that justifies treating people differently because of where they are born.

    this is entirely my personal opinion: if extended families (like adult siblings and their entire families) were excluded from FB, country quotas would lose some of their "need" and FB would not have to be the overwhelming majority of immigration numbers.

    How about I ask you why the "diversity" is not needed in other things. how about a quota for religion? profession? color of skin...? all those can be diversity issue. What if I said not more than 7% STEM graduates? I'm sure the Programmers Guild would agree. If you don't like those ideas, why country of birth?

    The fact remains though that EB is a skill based category. If I or you(?) join a company with identical (or better) credentials as someone from Congo/Sweden/Belize (whatever), they would have an EB2 GC in 1-2 years, we would sit for 10 and stew under multiple career holds and restrictions. Since no body from India would ever get the EB2 GC quickly, an entire subset of immigrants (based on country of birth) are ALWAYS held behind. You are presuming that somehow this benefits the US. Get skilled immigrants- but don't let a whole bunch of them rise to their levels of ability because they were born wrong. I am at a disadvantage because other people from my country applied for a GC. But when my employer takes me on, he does not care where I was born. My skillset has nothing to do with it. Why is my application (which is based on that employer and my skillset) hostage to something that is not even in the equation? This country is about individual freedom. I am here and an applicant for GC as an individual. What do I have to do with others who apply?

    Fair? You decide.





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  • BharatPremi
    09-25 07:45 PM
    Quarterly spill over: no law change required; supported by both EB2 and EB3. This is the way to go.

    Yes, it is supported by both but which group would support which method? Quarterly horizontal or quarterly vertical? :)



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  • lazycis
    02-18 02:35 AM
    A good site dedicated to class actions
    http://www.classactionlitigation.com

    These are particularly interesting:

    http://www.classactionlitigation.com/fcapmanual/chapter2.html

    http://www.classactionlitigation.com/faq.html#q7





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  • gvenkat
    02-13 01:57 PM
    Per country quota is what is killing India/China.. and that is the fact.. on an average ROW person waits for 3 years whereas India/China wait for eons.. as WD said if some one wants diversity go apply for a lottery or for better seek asylum... :mad::mad:



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  • apnair2002
    04-29 09:23 AM
    04/29/2007: Elimination of Substitution of Aliens for the Certified Labor Certification Applications

    As we stated earlier, the OMB had 90 days to make a decision on this DOL Final Rule. It was submitted on 01/26/2007 and the OMB cleared on 04/27/2007, just immediately prior to expiration of 90 days.
    This final rule will not go into effect until it is published by the DOL in the federal register. Record reflects that this final rule will not be published in the federal register, Monday, 04/30/2007. We have yet to see what changes to the proposed version of the rule the DOL made in the final rule. However, it is certain that this rule will not go into effect on Monday, 04/30/2007, and there may still be some actions the employers can make before it is published in the federal register.
    Pending Labor Certification Cases: PERM rule does not allow any amendments and no substitution of alien beneficiary available until the PERM application is certified. By the time PERM is approved, it may be too late to initiate the substitution. However, the cases which are pending at the BECs are different. The beneficiaries can be substituted inasmuch as the job order and the BEC supervised recruitment has yet to be initiated. At this time, the amendment of the BEC application does not require a paper request and e-mail or even phone call request followed by fax will work to substitute the alien. Under the final rule which will go into effect soon, the labor certification applications at the stage of DOL can survive only if the substitution has been approved at the time of release of the final rule. Accordingly, the employers can contact the BECs tomorrow, Monday, to amend the pending ETA 705 and alien beneficiary over the phone, via e-mail, followed by the phone calls and fax or straightforwardedly via fax. CAVEAT: If substitution is denied and original beneficiary ETA 750 is denied for the reason that there is no beneficiary, the employer can lose everything!!
    Certified Labor Certification Cases: These cases will not be able to survive unless the I-140 petition is quickly filed on Monday substituting the alien beneficiary. The earliest filing date will be "Tuesday" since overnight delivery has to reach the Service Centers. Still worth trying. Once it is "filed," it will be safe. There remain a host of issues which will have to be resolved by the USCIS as to the consequences of the denial of these substitution I-140 petitions on issues other than alien beneficiaries qualifications such as the employer's financial ability to pay the proffered wage, etc. Obviously, the denial becomes a "final" action, the cases on appeal to the AAO will continue to remain outside the parameter of the elimination rule. Another question is the effect of motion to reopen of denial of substitution I-140 petitions. There is some chance that the USCIS may decide that once the motion is granted and I-140 petition is approved, the DOL's final rule of elimination of substitution will not affect the case. What if the employer refiles the substitution I-140 petitions? The chances of these cases will remail slim or nil. Since it will be considred a "new" filing of substitution I-140 petition, the USCIS may rule that such filing will be subject to the DOL's substitution elimination final rule. There will be other issues which fall under the jurisdiction of the USCIS rather than DOL as related to the interpretation of the substitution I-140 petitions. The USCIS is scheduled to initiate this rule making process sooner or later. Please stay tuned.
    Impact on the Retention of Priority Date: The rule of retention of priority date is governed not by the DOL but by the USCIS. Under the USCIS rule, the priority date of the labor certification application is not retained until I-140 petition is "approved." Accordingly, if the decision of the denial of the substitution I-140 becomes final on appeal, the substituting alien will not be able to retain the priority. Neither the original beneficiary can retain the priority date unless the alien beneficiary substition I-140 petition was filed after the I-140 had been approved for the original beneficiary.
    Impact on the 7th-Year H-1B Extension: Until the substitution I-140 is denied and becomes final on appeal, the substitutiing alien will be able to continuously extend the H-1B status in one-year increment, but the substituted alien will not be able to extend the 7th-year H-1B status based on the substituted labor certification application. Once the decision of denial becomes final, the substituting alien will not be able to extend the H-1B status after that time, but the validity of the approved 7th-year H-1B status will remain valid until the expiration date.
    Impact on the 245(i) Benefits: Grandfathering of the 245(i) benefits cannot be transferred to other aliens and substituting aliens cannot take over the 245(i) benefits unless the substitution was filed before April 30, 2001. Once the grandfathering is attached, it remains valid unless "not approveable at the time of labor certification application filing" is found. Accordingly, the denial of substitution I-140 petition on behalf of the substituting alien will have no affect on the original beneficiary's retention of the 245(i) benefits.
    Well, let's wait and see the text of the soon-to-be published final rule.





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  • ita
    03-29 11:12 PM
    So am I , I'm sure so are may others on this forum and in India.

    Like I said earlier, in my previous post I just summarized the performance of the last govt.So I'm sure you and others agree Congress won't get us where we want to be.(They didn't in last 5 years and look at my previous post to know where they got us)

    But looking at what is unfolding in India these days our simple and realistic ideas some how seem very far fetched .

    what's going on with Varun Gandhi?Current political scenario in India is kind of reminding emergency times. NSA has been invoked on Varun Gandhi.
    Those politicians are making fun of law.They are using NSA to finish political opponents.
    NSA is meant for nation's enemies not for politician's enemies.
    During emergency time a nation when asked to bend crawled.Hope nation stands up against the similar kind of abuse this time.

    Looks like if we have power in India we can do anything we want. No wonder all the successful film stars are jumping into politics at least in Tollywood.
    It happens only in India.

    I am looking for a visionary who can bring Indians out of poverty, who can give good education, security, health care and good infrastructure. Who can save us from the unstable countries and aggressive China. I am not bothering whether Sankaracharya is in jail or not. How its going to affect a common man who is begging even for basic amenities.



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  • lazycis
    02-14 01:01 PM
    You may consider it as shameless plug :D, but I want to put this reference as the prove that the lawsuit does work when you deal with the USCIS
    http://boards.immigrationportal.com/showpost.php?p=1862057&postcount=15637





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  • andy007
    07-04 11:11 AM
    Please post good reliable estimate of cost for applying with ALL possible break ups. I know the following only!

    Cost of applying = application fee ($795 ??) + Lawyer fee + others (= medical + pictures + ...)

    Also, which parts are lost if we have to re-apply!

    Application Fee : Main Applicant : $375.00 (Application Fee) + $70.00 (Finger Print) + $50.00 (Fedex) + Medical Exam ($250.00) + Photos ($40.00) + Lawer Fee ($1500.00) and if we have any dependent same thing except Application fee and Lawer fess ($325.00 (Application Fee) + 500$ Lawer Fee)

    All Togther : $2285.00 and calling here and there almost $2500.00 Per Person .... any other information please ask us........ thanks



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  • gc4me
    02-14 08:22 AM
    Guys/Gals,
    Looks like endless discussion is going on here..
    I think that USCIS has done some injustice with EB3 ROW. And I would like to talk to an attorney about the possibilities to sue the USCIS about this. I need some people with me so that we can better explain our issues and form a group to ease the process.
    Please send me PM if you agree with my view and want to go forward.





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  • Desichakit
    07-29 01:33 PM
    There are 26 E2 for bombay. Delhi data was for July. Assumption will be around 100 for CP for whole of India.



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  • ujjvalkoul
    06-27 06:01 PM
    if these turn out to be rumours ...then I will stop believing anything AILA says..





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  • god_bless_you
    10-23 02:33 PM
    Hello everyone.

    I was wondering if someone could point me to how exactly labor substitution works.

    Before anyone starts jumping down my throat, i am JUST looking for documentation on the full process and I DID try looking on the google.

    If someone has any article on labor substitution and how it works please post it on here.

    Check Immigration Portal forums Labor certification .. Preapproved LC
    Labor substitution Pros Con's etc.. widely discussed there...

    http://www.immigrationportal.com/showthread.php?t=123495





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  • sathish_gopalan
    07-19 12:14 AM
    I am currently on EAD and I had applied for my 485 in EB3. My priority date is Nov 2004.

    I moved to a new employer using AC21 . Will I be able to refile my Green card in EB2 category and interfile the 485.
    Since I am already in EAD status (not on H1), will my current AOS or status be affected by the new Green Card process.

    Please let me know if this is possible.

    Thank you
    Sathish





    vdlrao
    07-22 01:45 PM
    Here's an Apr-2006 EB2-I approval posted today on Murthy forum:

    http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=8351049171


    Please post the priorirty date of EB2 India/China approvals along with the approval date information, in the following thread ,for EB2 India/china approvals from Aug 2008 bulletin released date(Jul 11th).

    I know they will approve pending EB2 India/China applications which they process even before Aug 1st 2008.

    Please post the approvals information in the following thread and update the IV Tracker so that it would be informative(helpful) for all of us.

    http://immigrationvoice.org/forum/showthread.php?t=20230&highlight=vdlrao





    vikki76
    02-19 12:03 AM
    I like it too Alisa.Very well said.
    H1-B, High Skill Immigration needs to be separated and we should know an answer from US govt/public official ,what matters most.
    If I don't get a GC within next 2 years, I will be forced to start my new hi-tech venture from Bangalore.



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