chapper
07-24 10:45 AM
To the best of my knowledge - she will be in status as long as her H4 application is pending or even AOS pending and also her post OPT is 60 days as mentioned earlier..
My wife's H4 is pending. I applied AOS for both of US. Her OPT expired on 7/11. How long can she be in status until she gets H4?pls advise me!!!!!!!!!
My wife's H4 is pending. I applied AOS for both of US. Her OPT expired on 7/11. How long can she be in status until she gets H4?pls advise me!!!!!!!!!
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EdenMN
02-19 05:04 PM
As we know this bill won't surive due to current economic conditions...How about making it attrcative by adding 5k fees if person wants GC staying more than 5years
needhelp!
09-26 11:04 AM
This should be made an URGENT action item!! I hope everyone on IV mails the editors about this glaring error. How COULD they get it wrong?? Did they not visit the IV website before writing this article? Did they not read the press release?? This looks intentional to me.
Here is the article, and the link to email the editor is at the bottom of the article:
http://money.cnn.com/2007/09/25/smbusiness/h1b_cap.fsb/index.htm?postversion=2007092606
Here is the article, and the link to email the editor is at the bottom of the article:
http://money.cnn.com/2007/09/25/smbusiness/h1b_cap.fsb/index.htm?postversion=2007092606
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feedfront
11-03 02:34 AM
In my kids case after one week we got approval notice. In general it takes two / three days.
You replied to old his qs. He already has got green card.
You replied to old his qs. He already has got green card.
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kph
07-17 09:56 AM
If they have the webfaxes ready, why can't we all open up a user there, write our own contents and send it to Senators, as if NumberUSA supports only legal immigration?
GC_1000Watt
03-12 02:39 PM
Here we are again "Mentally" bruised and beaten by yet another VB.
USCIS talk about some unknown cases in district offices..tomorrow they will say they have more pending unknown cases at some local attorney general office. And then we have no spillover happening, just asking for a disastorus wastage of visa in the last quarter. That's all ridiculous and making a mockery out of us.
Wish I had the power and money to pull USCIS in court and ask them to actually clear the scene to all of us.
Can "IV" in some way provide us with the "Power" to question USCIS and publish the answer in public? If the answer is Yes, then I am sure many people can contribute for the cause.
USCIS talk about some unknown cases in district offices..tomorrow they will say they have more pending unknown cases at some local attorney general office. And then we have no spillover happening, just asking for a disastorus wastage of visa in the last quarter. That's all ridiculous and making a mockery out of us.
Wish I had the power and money to pull USCIS in court and ask them to actually clear the scene to all of us.
Can "IV" in some way provide us with the "Power" to question USCIS and publish the answer in public? If the answer is Yes, then I am sure many people can contribute for the cause.
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desi3933
01-31 05:51 PM
Thanks a lot Desi3933. I dont have words to thank you...
Another question - Once she gets on EAD does she have to get paid for 'x' number of period (Say 15 day or a month0 on EAD? And then when she re-enters on h1b (Nov 15 2009) then she will get paid from Nov 15 - Dec 31, so for year 2009 she will just have Jan month and 15 Nov till Dec 31 2009 on w-2. Is that fine since all the other time she was on EAD or out of country.
That would be absolutely fine.
Also, she will be maintaining H1 status. That is always good to have when I-485 application is pending.
____________________
Not a legal advice.
US Citizen of Indian Origin
Another question - Once she gets on EAD does she have to get paid for 'x' number of period (Say 15 day or a month0 on EAD? And then when she re-enters on h1b (Nov 15 2009) then she will get paid from Nov 15 - Dec 31, so for year 2009 she will just have Jan month and 15 Nov till Dec 31 2009 on w-2. Is that fine since all the other time she was on EAD or out of country.
That would be absolutely fine.
Also, she will be maintaining H1 status. That is always good to have when I-485 application is pending.
____________________
Not a legal advice.
US Citizen of Indian Origin
2010 tattoo ideas - Page 2
arihant
04-27 09:59 AM
Good find, Sat0207.
Where did you get the information?
Where did you get the information?
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prince_waiting
09-27 11:27 AM
Cultural barriers are not so insurmountable in the US as those in the EU.
Even with the Blue Card can one work towards the naturalization process in order to become a citizen? In US you can surely do that after 5-6 years I guess.
US gives citizenship by birth to our children if they are born on US soil, EU countries do not do that. Switzerland goes to the extent of invloving local communities before deciding an applicant's request. Please refer to http://news.bbc.co.uk/2/hi/europe/6992670.stm
However we can surely make lawmakers aware of the existing competition and argue to reform the EB immigration system.
Even with the Blue Card can one work towards the naturalization process in order to become a citizen? In US you can surely do that after 5-6 years I guess.
US gives citizenship by birth to our children if they are born on US soil, EU countries do not do that. Switzerland goes to the extent of invloving local communities before deciding an applicant's request. Please refer to http://news.bbc.co.uk/2/hi/europe/6992670.stm
However we can surely make lawmakers aware of the existing competition and argue to reform the EB immigration system.
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alex99
10-12 09:01 PM
Thanks
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shamu
01-17 02:10 AM
............
I got my priorities set now & believe me getting a GC has become my last priority ...................
And tomorrow the day starts again with a snooze ahwwwww…
I read your story (every line and every word) and portray my self in that but few small changes.
Very recently even I have learn't that GC is important, but not that important than your life, kids, parents,...
but I would certainly pray for you to get a job ASAP. I know the pain.
I got my priorities set now & believe me getting a GC has become my last priority ...................
And tomorrow the day starts again with a snooze ahwwwww…
I read your story (every line and every word) and portray my self in that but few small changes.
Very recently even I have learn't that GC is important, but not that important than your life, kids, parents,...
but I would certainly pray for you to get a job ASAP. I know the pain.
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sri1309
01-25 09:18 AM
For my part, I send an email everyday to the white house and the state dept. This is probably not enough.....but may be some day it will work.
BTW, my apologies if the members thought that this thread was accusatory. Still the question remains, what next?
Ok, I understand, no use bringing it up again, sorry, let me go back and read other interesting threads on "investments" and "buying houses"...
The issue is like a BIG bus where we all are together travelling to the same destination. And the bus is stuck in a pit. You and I can push, .. will it help?. What else do you do. You make others also come and push. So, how many people were you able to convince to do what you did.. Dont just convince them, make them also spread the message.
If you want content to be passed, there are many threads here. One is mine, which is "chain reaction..). Its now buried somewhere :(.
I know some people do realize things only when they loose their jobs or when its too late. If realization happens only that way, I wish all of you those not participating actively loose their jobs and hence comes realization that will help you and us all. Hope that happens very fast..
"Agar booth lathon se hi soon sakthe hai, tho lathon hi sahi..".. How my quote on 10..
BTW, my apologies if the members thought that this thread was accusatory. Still the question remains, what next?
Ok, I understand, no use bringing it up again, sorry, let me go back and read other interesting threads on "investments" and "buying houses"...
The issue is like a BIG bus where we all are together travelling to the same destination. And the bus is stuck in a pit. You and I can push, .. will it help?. What else do you do. You make others also come and push. So, how many people were you able to convince to do what you did.. Dont just convince them, make them also spread the message.
If you want content to be passed, there are many threads here. One is mine, which is "chain reaction..). Its now buried somewhere :(.
I know some people do realize things only when they loose their jobs or when its too late. If realization happens only that way, I wish all of you those not participating actively loose their jobs and hence comes realization that will help you and us all. Hope that happens very fast..
"Agar booth lathon se hi soon sakthe hai, tho lathon hi sahi..".. How my quote on 10..
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vghc
07-03 11:23 AM
The point is to not 'distribute pain', it is to reduce the pain of a group.
Again, even though the benefits may go to one 'group', let me tell you that it is not a formal group and just as all ROW applicants are not one group, non-ROW applicants too are individuals and IT DOESN'T MATTER TO ONE INDIVIDUAL HOW MUCH OTHERS GOT BENEFITED.
So your point of saying that one group is benefited is irrelevant, because GCs aren't given to groups and only to individual applicants.
Your other point is absolutely right! Family should not be counted, and I'm in 100% agreement with that!
I am sure if the EB GC's goes to the principle applicant we all won't be in this bad of a shape. Its because of the addition of wife or kids, the number pool dries up faster. So if one wants to petition of elimination of country quote under the notion that EB community is needed because of our skills, take out the family members, then it makes sense, if not, don't. My 2 cents.
Again, even though the benefits may go to one 'group', let me tell you that it is not a formal group and just as all ROW applicants are not one group, non-ROW applicants too are individuals and IT DOESN'T MATTER TO ONE INDIVIDUAL HOW MUCH OTHERS GOT BENEFITED.
So your point of saying that one group is benefited is irrelevant, because GCs aren't given to groups and only to individual applicants.
Your other point is absolutely right! Family should not be counted, and I'm in 100% agreement with that!
I am sure if the EB GC's goes to the principle applicant we all won't be in this bad of a shape. Its because of the addition of wife or kids, the number pool dries up faster. So if one wants to petition of elimination of country quote under the notion that EB community is needed because of our skills, take out the family members, then it makes sense, if not, don't. My 2 cents.
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gcisadawg
12-14 11:20 PM
kumar1,
I agree to most of the points you wrote. I believe there is one thing that you missed.
H1B is a dual intent visa that allows a foreigner to work in US and also apply for permanent residency. It was originally intended for American companies to hire people from abroad. But how many American companies hire people directly from abroad? Even if there is some, it would be very very minimal.
Body shoppers are the one who take on the difficult task of interviewing/recruiting/sponsoring/air-lifting the foreigner to USA in addition to preparing the candidate to withstand the rigors of a visa interview.
They give initial accommodation (agreed, a 1BR aptmnt cramped with many ppl), pay on bench ( accepted, not all), place the candidate on a project and get the foreigner US work/cultural experience. After they go through the whole nine yards, these American companies jump in and poach these H1Bs.
Take the body shoppers and glorified body shoppers like TCS, wipro, infy etc out of the equation and you would have sheer wastage of H1B numbers since the American companies will not go abroad to recruit someone who is unfamiliar with US work culture.
That is why congress came up with 20K quota for master degree holders who can be recruited directly by US corporations. In my opinion, US corporations should not complain at all since they were never interested in upholding the true spirit of H1B by recruiting people from abroad directly.
-gcisadawg
I agree to most of the points you wrote. I believe there is one thing that you missed.
H1B is a dual intent visa that allows a foreigner to work in US and also apply for permanent residency. It was originally intended for American companies to hire people from abroad. But how many American companies hire people directly from abroad? Even if there is some, it would be very very minimal.
Body shoppers are the one who take on the difficult task of interviewing/recruiting/sponsoring/air-lifting the foreigner to USA in addition to preparing the candidate to withstand the rigors of a visa interview.
They give initial accommodation (agreed, a 1BR aptmnt cramped with many ppl), pay on bench ( accepted, not all), place the candidate on a project and get the foreigner US work/cultural experience. After they go through the whole nine yards, these American companies jump in and poach these H1Bs.
Take the body shoppers and glorified body shoppers like TCS, wipro, infy etc out of the equation and you would have sheer wastage of H1B numbers since the American companies will not go abroad to recruit someone who is unfamiliar with US work culture.
That is why congress came up with 20K quota for master degree holders who can be recruited directly by US corporations. In my opinion, US corporations should not complain at all since they were never interested in upholding the true spirit of H1B by recruiting people from abroad directly.
-gcisadawg
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new_gc
12-17 03:03 PM
i have no idea what is in store for me!!!!!!!!!
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vbkris77
04-10 12:28 PM
What you said is absolutely true. EB1 Last year and the year before saw lot more approvals than usual. My reasoning is that even though EB1 was current for all along, they never really approved I140s to give them GC. So In the overall clearing of I140s, CIS cleared lot more EB1 cases and became approved during last 2 years. If you look at the I140 completion in the dash board, it will be very much clear that the completions came down to 4 digits for each month from 5 digits. Receipts continued to be less than 5K per month.
This year, we may see a big dip in EB1 cases and larger EB2 spillover. EB4 spillover is ruled out after this bulletin.
Here are the details for last year and years before:
(Thanks to user "sangiano" on : link: FY2009 Visa Data, Spillover to EB2 - Will it be Similar FY2010 (http://www..com/usa-discussion-forums/i485-eb/498198953/fy2009-visa-data-spillover-to-eb2-will-it-be-similar-fy2010))
Employment Visas 2009
Total Employment Visas for FY2009 = 141,020
Theoretical values without spillover
EB1 28.6% = 40,332
EB2 28.6% = 40,332
EB3 28.6% = 40,332
EB4 7.1% = 10,012
EB5 7.1% = 10,012
Actual values with spillover
EB1 40,978 = 29.1% received c.650 spillup visa used
EB2 46,034 = 32.6% received c.5,700 spillover visas used
EB3 39,791 = 28.2% received c.550 less visas than quota
EB4 9,999 = 7.1% Zero spillup visas to give
EB5 4,218 = 3.0% c. 5,800 spillup visas to give
What is noteworthy is the fact that spillup/spillover visas were only available from EB5.
In addition, EB1 actually consumed spillup visas and did not contribute any spillover visas as a result.
This implies that the total spillover visas available to the 7% limited countries was only c.7,500. Since 5,800 came from EB5, less 650 used by EB1, this gives a subtotal of 5,150. In turn, this implies that there were only 7,500 - 5,150 = 2,350 as spillover from EB2-ROW. In the worst case the difference is entirely from EB5.
I think it gives food for thought and shows the difficulty of trying to second guess visa consumption in Categories that are always current. I accept it might be easier to get a handle on non-NIW EB2 because of the PERM data available for ROW.
I'm not sure why FY2010 would be much different, at least for EB1 spillover.
Additional notes from subsequent posts:
There was significant spillover in FY2007 because (based on 154,497 total EB visas) :
EB1 only used 26,806 out of a possible 44,186 available visas.
EB4 only used 4,794 out of a possible 10,969 available visas.
EB5 only used 793 out of a possible 10,969 available visas.
That gives a potential spillover of 33,731 visas to categories below EB1. In FY2007 that mostly went vertically to EB3.
There was significant spillover in FY2008 because (based on 162,949 total EB visas) :
EB1 only used 36,590 out of a possible 46,603 available visas.
EB4 only used 7,648 out of a possible 11,569 available visas.
EB5 only used 1,443 out of a possible 11,569 available visas.
That gives a potential spillover of 24,060 visas to categories below EB1. In FY2008 that all went to EB2.
The amount *was* smaller in FY2009 because (based on 141,020 total EB visas)
EB1 used 40,978 which was more than the available visas of 40,332 (i.e. it used some of the spillup from EB4/EB5).
EB4 used 9,999 out of a possible 10,012 available visas. (i.e it pretty much maxed out)
EB5 only used 4,218 out of a possible 10,012 available visas. (i.e. much higher than previous years)
That gives a potential spillover to EB2 of 5,161 visas, which is substantially lower than previous years.
This is all his analysis based entirely on historic data (no predictions here; just what has already happened). All credit of analysis goes to him. I never crunched a single number; I am just an "integrater" of the info. Please also note that now we have found out that the word "spillover" should actually be "fall across and down"
Hope this was the info you were asking for.
This year, we may see a big dip in EB1 cases and larger EB2 spillover. EB4 spillover is ruled out after this bulletin.
Here are the details for last year and years before:
(Thanks to user "sangiano" on : link: FY2009 Visa Data, Spillover to EB2 - Will it be Similar FY2010 (http://www..com/usa-discussion-forums/i485-eb/498198953/fy2009-visa-data-spillover-to-eb2-will-it-be-similar-fy2010))
Employment Visas 2009
Total Employment Visas for FY2009 = 141,020
Theoretical values without spillover
EB1 28.6% = 40,332
EB2 28.6% = 40,332
EB3 28.6% = 40,332
EB4 7.1% = 10,012
EB5 7.1% = 10,012
Actual values with spillover
EB1 40,978 = 29.1% received c.650 spillup visa used
EB2 46,034 = 32.6% received c.5,700 spillover visas used
EB3 39,791 = 28.2% received c.550 less visas than quota
EB4 9,999 = 7.1% Zero spillup visas to give
EB5 4,218 = 3.0% c. 5,800 spillup visas to give
What is noteworthy is the fact that spillup/spillover visas were only available from EB5.
In addition, EB1 actually consumed spillup visas and did not contribute any spillover visas as a result.
This implies that the total spillover visas available to the 7% limited countries was only c.7,500. Since 5,800 came from EB5, less 650 used by EB1, this gives a subtotal of 5,150. In turn, this implies that there were only 7,500 - 5,150 = 2,350 as spillover from EB2-ROW. In the worst case the difference is entirely from EB5.
I think it gives food for thought and shows the difficulty of trying to second guess visa consumption in Categories that are always current. I accept it might be easier to get a handle on non-NIW EB2 because of the PERM data available for ROW.
I'm not sure why FY2010 would be much different, at least for EB1 spillover.
Additional notes from subsequent posts:
There was significant spillover in FY2007 because (based on 154,497 total EB visas) :
EB1 only used 26,806 out of a possible 44,186 available visas.
EB4 only used 4,794 out of a possible 10,969 available visas.
EB5 only used 793 out of a possible 10,969 available visas.
That gives a potential spillover of 33,731 visas to categories below EB1. In FY2007 that mostly went vertically to EB3.
There was significant spillover in FY2008 because (based on 162,949 total EB visas) :
EB1 only used 36,590 out of a possible 46,603 available visas.
EB4 only used 7,648 out of a possible 11,569 available visas.
EB5 only used 1,443 out of a possible 11,569 available visas.
That gives a potential spillover of 24,060 visas to categories below EB1. In FY2008 that all went to EB2.
The amount *was* smaller in FY2009 because (based on 141,020 total EB visas)
EB1 used 40,978 which was more than the available visas of 40,332 (i.e. it used some of the spillup from EB4/EB5).
EB4 used 9,999 out of a possible 10,012 available visas. (i.e it pretty much maxed out)
EB5 only used 4,218 out of a possible 10,012 available visas. (i.e. much higher than previous years)
That gives a potential spillover to EB2 of 5,161 visas, which is substantially lower than previous years.
This is all his analysis based entirely on historic data (no predictions here; just what has already happened). All credit of analysis goes to him. I never crunched a single number; I am just an "integrater" of the info. Please also note that now we have found out that the word "spillover" should actually be "fall across and down"
Hope this was the info you were asking for.
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kumar1
07-31 03:18 PM
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addsf345
12-10 07:49 PM
you hit the nail ... this is the biggest reason ...We are just too many and everyone wants to come to US
don't you think that working towards removing unfair country quota in skilled category would be faster & easier than population control?
Now that you are enlighted about being one among too many, are you planning to go back, and reduce backlog for others?
Also, when talking about reducing indian population, I hope that you do not agree with what 10 pakistanis tried to do in mumbai few days back!!! That is one very bad way of reducing population! I would prefer load balancing i.e. moving some ppl to part of world where population is not so much. This is called immigration.
Jokes apart, we need to seriously highlight the fact that as there is no country quota in H1B, since it is a skilled category visa, similarly there should be no country quota in skill based immigration too. We are given visas as their industry need us, but they do not care if we suffer for years. It is nothing but simply 'DESCRIMINATION" based on country of birth.
Ask this question: Is it a crime to be born in certain country? Do we all have choice to do so? If it is not a crime, why we are being punished?
Do we have guts to fight that??? we can only talk about some stupid solutions like control indian population and in just next 100 years there will be no retrogression for indians. Some one would also suggest indians must not to study and remain uneducated, so you won't come here under skilled quota and voila - no retrogression!!! but the fact is, we have no unity, no guts and no willingness to stand up for our community. IV is the only effort I have seen in years in right direction.
don't you think that working towards removing unfair country quota in skilled category would be faster & easier than population control?
Now that you are enlighted about being one among too many, are you planning to go back, and reduce backlog for others?
Also, when talking about reducing indian population, I hope that you do not agree with what 10 pakistanis tried to do in mumbai few days back!!! That is one very bad way of reducing population! I would prefer load balancing i.e. moving some ppl to part of world where population is not so much. This is called immigration.
Jokes apart, we need to seriously highlight the fact that as there is no country quota in H1B, since it is a skilled category visa, similarly there should be no country quota in skill based immigration too. We are given visas as their industry need us, but they do not care if we suffer for years. It is nothing but simply 'DESCRIMINATION" based on country of birth.
Ask this question: Is it a crime to be born in certain country? Do we all have choice to do so? If it is not a crime, why we are being punished?
Do we have guts to fight that??? we can only talk about some stupid solutions like control indian population and in just next 100 years there will be no retrogression for indians. Some one would also suggest indians must not to study and remain uneducated, so you won't come here under skilled quota and voila - no retrogression!!! but the fact is, we have no unity, no guts and no willingness to stand up for our community. IV is the only effort I have seen in years in right direction.
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rakesh_one
03-07 11:47 AM
Guys....like everyone else I have been doing exhaustive research on this subject for last month or so.....I have resigned this week from my job and have decided to use AC21...... following are answers to some of your questions...
New Employer support - There is no need for the new employer to support the GC process.....After you file 485, the process is yours as an individual and not of any employer....All you are saying is that my I-140 was once approved with some employer and USCIS took forever (read more than 180 days) to give me my green card......so as long as your job is in the same profession (read occupational classification) you are okay....so NO, the new employer does not need to support the process....all they have to say in the employement verification letter is that we intend to hire this person on permenant basis after getting his Green Card...... Please read Yates Memo of 2005 and it will tell you all there is to know about AC21.....
Lawyer Support and Expenses------- I can imagine lawyers trying to make whatever case for asking whatever ammount of money for AC21 as that is a new business area for them?----- I do not think you need a lawyer for this.....there are plenty of letters on the net that show the template....also, if you are sure your employer is not going to revoke the I-140 then you are not even required to send the letter untill if and when USCIS asks for employement verification letter.....
As per charges from RK and Murthy...
Rajiv Khanna - $3000 for primary +$1000 per dependent
Murthy - $2000....
I have done some exhaustive research on this AC21 crap and have decided to change the employment......
You are wrong. New Employer has to support GC.
Since GC is for future employment, there should be an employer willing to hire you on the day 1 you got your GC. AC 21 helps you to transfer the burdon from one employer to other. In most cases, by providing an employement letter for a permanent job in the same or similar job, it is kind of implied that the new employer has assumed that burdon without themselves knowing it. It would help your case, if the new employer explicitly say that they acknowledge your pending 485 and would assure USCIS that they have a job up on approval 485.
New Employer support - There is no need for the new employer to support the GC process.....After you file 485, the process is yours as an individual and not of any employer....All you are saying is that my I-140 was once approved with some employer and USCIS took forever (read more than 180 days) to give me my green card......so as long as your job is in the same profession (read occupational classification) you are okay....so NO, the new employer does not need to support the process....all they have to say in the employement verification letter is that we intend to hire this person on permenant basis after getting his Green Card...... Please read Yates Memo of 2005 and it will tell you all there is to know about AC21.....
Lawyer Support and Expenses------- I can imagine lawyers trying to make whatever case for asking whatever ammount of money for AC21 as that is a new business area for them?----- I do not think you need a lawyer for this.....there are plenty of letters on the net that show the template....also, if you are sure your employer is not going to revoke the I-140 then you are not even required to send the letter untill if and when USCIS asks for employement verification letter.....
As per charges from RK and Murthy...
Rajiv Khanna - $3000 for primary +$1000 per dependent
Murthy - $2000....
I have done some exhaustive research on this AC21 crap and have decided to change the employment......
You are wrong. New Employer has to support GC.
Since GC is for future employment, there should be an employer willing to hire you on the day 1 you got your GC. AC 21 helps you to transfer the burdon from one employer to other. In most cases, by providing an employement letter for a permanent job in the same or similar job, it is kind of implied that the new employer has assumed that burdon without themselves knowing it. It would help your case, if the new employer explicitly say that they acknowledge your pending 485 and would assure USCIS that they have a job up on approval 485.
amitjoey
02-15 02:22 PM
Well said. Now if one starts to take the true diversity into account, how many chinese and indians as percentage of current US population ? ANd how many from some prominent countries of Europe ? Just curious.
Exactly, And how many from South America? 30% of the population is going to be hispanic by 2050.
Exactly, And how many from South America? 30% of the population is going to be hispanic by 2050.
aquarianf
07-31 03:03 PM
I reviewed copy of I-485 packegae and found that attorney didn't include Employment letter with package. I filed in June I already received filing numbers.
When I asked attorney why it wasn't sent, her response was that there are around 15 people from company who filed in month of June/july and she didn't included EVL for all of them. Also there are around 8 people who got their GC in my company in last 2 years and she didn't included EVL for all of them.
When I asked attorney why it wasn't sent, her response was that there are around 15 people from company who filed in month of June/july and she didn't included EVL for all of them. Also there are around 8 people who got their GC in my company in last 2 years and she didn't included EVL for all of them.
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