inthehole
07-21 09:54 PM
I apologize if this question has been answered before.
I changed employer "A" after 8 years and joined employer "B" last month.
I have LCA approval copy,I140 approval copy and I485 receipt notice copy. I never had access to my employer A's attorney before and the attorney cannot & will not talk to me now.
Now I am with employer "B" using my EAD. Since all the queries or any RFE's would still go to my previous employer's attorney, I would like to file a change of representation G-28 with a new attorney so that I can receive any future communication from USCIS.
But few attorneys I contacted are asking me for my LCA papers from my employer "A" to get my job description. My employer A will not give it to me.
Also they are insisting that I must send a AC21 portability letter to USCIS on behalf of my new employer B. My new employer B is a big multinational company with heavy Bureaucracy and does not understand AC21 law. As long as I have an EAD, I will be employed by employer "B".
Even though I understand the reasons behind the attorney's suggestions, my question is
1. Can't I just file the Change of Representation G-28 form to make sure that I receive any future communication from USCIS and respond to the same or similar job question if I get an RFE?.
2. Also am I or my new employer B breaking any laws by not sending the AC21 portability letter to USCIS?
(my I140 is approved on 2005 and will not be revoked by my ex employer. Changed job after more than 200 days since I filed my I485)
Thank you.
I changed employer "A" after 8 years and joined employer "B" last month.
I have LCA approval copy,I140 approval copy and I485 receipt notice copy. I never had access to my employer A's attorney before and the attorney cannot & will not talk to me now.
Now I am with employer "B" using my EAD. Since all the queries or any RFE's would still go to my previous employer's attorney, I would like to file a change of representation G-28 with a new attorney so that I can receive any future communication from USCIS.
But few attorneys I contacted are asking me for my LCA papers from my employer "A" to get my job description. My employer A will not give it to me.
Also they are insisting that I must send a AC21 portability letter to USCIS on behalf of my new employer B. My new employer B is a big multinational company with heavy Bureaucracy and does not understand AC21 law. As long as I have an EAD, I will be employed by employer "B".
Even though I understand the reasons behind the attorney's suggestions, my question is
1. Can't I just file the Change of Representation G-28 form to make sure that I receive any future communication from USCIS and respond to the same or similar job question if I get an RFE?.
2. Also am I or my new employer B breaking any laws by not sending the AC21 portability letter to USCIS?
(my I140 is approved on 2005 and will not be revoked by my ex employer. Changed job after more than 200 days since I filed my I485)
Thank you.
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ItIsNotFunny
03-18 02:59 PM
How much are you paying to get the pre-approved labor? The law to ban it is coming soon. So you may have to do it fast.
Thats true. By the way, I saw Janak saying somewhere that labor substituion should be banned. Its nice to see that he changed his mind. Of course I do believe that it should not be misused, sometimes it saves your life here which is more important if you are with family and trying to settle down here.
Anyway, before OMB approved substitution ban, file ASAP.
Thats true. By the way, I saw Janak saying somewhere that labor substituion should be banned. Its nice to see that he changed his mind. Of course I do believe that it should not be misused, sometimes it saves your life here which is more important if you are with family and trying to settle down here.
Anyway, before OMB approved substitution ban, file ASAP.
engineer
07-03 12:04 AM
IV release.:Please send it to other media offices and free press release distribution services
http://immigrationvoice.blogspot.com/
I have sent the blogpost to chowk.com
http://immigrationvoice.blogspot.com/
I have sent the blogpost to chowk.com
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unseenguy
08-16 06:14 PM
In that case we have to do it everyday...not only when SRk was detained. are you doing that...no. Why?
There is difference between a common man and a celebrity. We did make noise about Abdul Kalam and Fernandez when the news came out. I think SRK was right to make an issue out of it.
I have been through secondary once and frisked about 4-5 times as a "singled out" case. Man I hated it, whole flight was watching what was going on. What if I make an issue? It will be dismissed as everyone goes through it.
When I went for secondary exam , I was released with 5 mins of questioning but was made to wait 30 mins. The secondary officer was nice, but the primary inspection officer was really mean. She picked on me coz I was smiling in the queue and talking to other people. and I laughed at the jokes cracked by other immigration officers.
3 out of 4 frisking incidents were insensitive and derogatory.
But voice of celebrity has more credence to it.
There is difference between a common man and a celebrity. We did make noise about Abdul Kalam and Fernandez when the news came out. I think SRK was right to make an issue out of it.
I have been through secondary once and frisked about 4-5 times as a "singled out" case. Man I hated it, whole flight was watching what was going on. What if I make an issue? It will be dismissed as everyone goes through it.
When I went for secondary exam , I was released with 5 mins of questioning but was made to wait 30 mins. The secondary officer was nice, but the primary inspection officer was really mean. She picked on me coz I was smiling in the queue and talking to other people. and I laughed at the jokes cracked by other immigration officers.
3 out of 4 frisking incidents were insensitive and derogatory.
But voice of celebrity has more credence to it.
more...
ramus
06-28 05:19 PM
I just did same.. I just asked to make sure we are filing on first day..
ok u guys have forced me to pose the same question to my HR/Attorney...awaiting response.
ok u guys have forced me to pose the same question to my HR/Attorney...awaiting response.
unitednations
02-14 12:02 AM
Another thing that is hard to understand is that if EB3 ROW is getting all the unused visas, how did EB2 move forward two years in 2006? It was moving 6 months at a time till May-06. Did USCIS change the way they interpret the law in May-06? That would be weird, they should have done it when they declared in Nov-05 bulletin that AC21 provisions are not expected to apply.
It is possible that USCIS is allocating unused EB2 visas to EB2 India and China after all, and it is not moving forward only because of backlogged EB2 Labors getting approved. We will know for sure in a few months. There are still several 2001 EB2 Non-RIR cases in the backlog as per
http://www..com/usa-immigration-trackers/dallas-backlog-tracker/
One of the other lawyers had reported I think it was in July 2006 that Chinese as a whole were on pace to get approved just less then 7% of the total quota. That is the only statistic available. EB3 row had significant movement in the last quarter because that is when the unused visas from eb1 and eb2 got released to eb3.
India went all the way back to 1998 because they were only eligible to get 250 greencards per month. There are substitute labors from that far back which people were using. I wasn't surpirsed when it went that far back becuase I knew a number of people who got these labors.
If the overflow from eb1 or eb2 were going to eb2 india/china then eb3 row would never have moved past 2001. A lot of the 245i candidates are from ROW. (russian, pakistan, brazil, south korean, etc.).
It is possible that USCIS is allocating unused EB2 visas to EB2 India and China after all, and it is not moving forward only because of backlogged EB2 Labors getting approved. We will know for sure in a few months. There are still several 2001 EB2 Non-RIR cases in the backlog as per
http://www..com/usa-immigration-trackers/dallas-backlog-tracker/
One of the other lawyers had reported I think it was in July 2006 that Chinese as a whole were on pace to get approved just less then 7% of the total quota. That is the only statistic available. EB3 row had significant movement in the last quarter because that is when the unused visas from eb1 and eb2 got released to eb3.
India went all the way back to 1998 because they were only eligible to get 250 greencards per month. There are substitute labors from that far back which people were using. I wasn't surpirsed when it went that far back becuase I knew a number of people who got these labors.
If the overflow from eb1 or eb2 were going to eb2 india/china then eb3 row would never have moved past 2001. A lot of the 245i candidates are from ROW. (russian, pakistan, brazil, south korean, etc.).
more...
LostInGCProcess
09-23 04:24 PM
Hey! I like the idea and totally agree with you.
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soljabhai
12-14 05:34 PM
100$
more...
oguinan
02-15 11:48 PM
ouignan,
You can see that the UN panel is aware of the fact that racial discrimination manifests itself in disproportional representation (note the reference to the composition of the Supreme Court). It can be argued that the 7% country limit provides a pretext to discriminate against India/China/Mexico on the basis of ethnic or racial origin, and as such would run afoul of the convention.
I enjoyed that article, it's a great find. To be fair, it does offer both opinion and history. I do agree that the 7% limit is unfair but the answer is to increase the supply of green cards so that all qualified applicants get their green cards. The racial element is something everybody should be aware of. It's important that we all have a good understanding of the history of the immigration laws, in the united states and elsewhere. Perhaps "History of Immigration Laws" would be an interesting thread on it's own. At the very least we should add the wikipedia references that we discussed earlier into the resources section.
You can see that the UN panel is aware of the fact that racial discrimination manifests itself in disproportional representation (note the reference to the composition of the Supreme Court). It can be argued that the 7% country limit provides a pretext to discriminate against India/China/Mexico on the basis of ethnic or racial origin, and as such would run afoul of the convention.
I enjoyed that article, it's a great find. To be fair, it does offer both opinion and history. I do agree that the 7% limit is unfair but the answer is to increase the supply of green cards so that all qualified applicants get their green cards. The racial element is something everybody should be aware of. It's important that we all have a good understanding of the history of the immigration laws, in the united states and elsewhere. Perhaps "History of Immigration Laws" would be an interesting thread on it's own. At the very least we should add the wikipedia references that we discussed earlier into the resources section.
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krishna.ahd
02-14 04:11 PM
Hi Unitednations
I am reading your current and past posts recently.
Seems like you have enough information ( may be insider info also) regarding Retro and Gc process.
What is the practical solution short term and long term , Not what we like to have , i am looking for what should be ??
Out of Goal from IV , what is practically achievable ??
Thanks in advance for your comments
I am reading your current and past posts recently.
Seems like you have enough information ( may be insider info also) regarding Retro and Gc process.
What is the practical solution short term and long term , Not what we like to have , i am looking for what should be ??
Out of Goal from IV , what is practically achievable ??
Thanks in advance for your comments
more...
vin13
09-15 12:52 PM
For FY2010 there are very less GC applications filed by ROW & EB1 due to bad economy. If USCIS waits till last quarter then they wont have much visa usage during previous quarters. So it makes sense for USCIS to allocate spill over numbers on a per quarter basis. We never know how it works
I agree that it makes sense for USCIS to allocate spill over numbers on a quarterly basis.
But i doubt if they are allocating spillover quarterly. If they did, then we should have seen steady movements and not a rapid movement of dates in the last quarter.
We should certainly get a clarrification from USCIS about this. This could be a potential administrative change without congress intervention.
I agree that it makes sense for USCIS to allocate spill over numbers on a quarterly basis.
But i doubt if they are allocating spillover quarterly. If they did, then we should have seen steady movements and not a rapid movement of dates in the last quarter.
We should certainly get a clarrification from USCIS about this. This could be a potential administrative change without congress intervention.
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raydon
08-16 10:14 AM
What's the big deal about Shahrukh Khan getting interrogated? One of the top Malayali actors Mammooty had to go through the same experience because of his Muslim name, but he didn't make a big deal about it. Security procedures need to be followed, whether you are Shahrukh Khan or anyone else.
more...
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tw00ne
07-23 10:35 AM
Is unclear to me what the law is for those 2 cases
1) You are with the employer that sponsored I140 and you get GC.
2) You use AC21 and move to employer B and get you GC while at employer B.
In both cases more than 6 months have lapsed since the I485 filling
And the question is...:
Are you free, after getting the GC, to move to another company or you need to stay with current employer for a certain amount of time?
How would USCIS know if you moved?
1) You are with the employer that sponsored I140 and you get GC.
2) You use AC21 and move to employer B and get you GC while at employer B.
In both cases more than 6 months have lapsed since the I485 filling
And the question is...:
Are you free, after getting the GC, to move to another company or you need to stay with current employer for a certain amount of time?
How would USCIS know if you moved?
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vdlrao
07-21 12:15 AM
I presume, from the July 2007 fiasco DOS might have learnt a lesson of deciding the cut off dates very care fully based on the Aproved labors In a pertucular year from a perticular country with a perticular ctegory. So thats the reason why I am thinking that instead of putting whole EB2 as a current
(It is estimated that there are aout 20k + visas still available for this fiscal year) DOS has put a cut of date for EB2 India/china to Jun 2006. So I could say USCIS is making the cut off dates very carefully by using all the available information like approved labors in a perticular year from a perticular country and in a perticular category.
----------------------------------------------------------------
Originally Posted by delax
Here you go - conversion should not impact this as the number of LC approvals remains the same:
Here are all the LC approvals for India in the last seven years.
Year, Total LC Approved, Total India
2007 85112 24573
2006 79782 22298
2005 6133 1350
2004 43582 No Info
2003 62912 No Info
2002 79784 No Info
2001 77921 No Info
2000 70204 No Info
---------------------------------------------------------------------
If you see the appoved labors by a fiscal year above, I am assuming that there would be about 10,000 labours for EB2 India every full year except 2005.
In 2005 there may be only about 600 labors for EB2 India.
Based on this it would be
About 5,000 labors for EB2 India from April 2004 to Sep 2004 (About half year),
About 600 labors for EB2 India from Oct 2004 - Sep 2005
About 5,000 labors for EB2 India from Oct 2005 to 1st Jun 2006( About half year)
So total labors may be around 10,600 which needs about 25,000 visas.
So it seems there are about 20k visas availble now.
So they have moved the dates accordingly.
(It is estimated that there are aout 20k + visas still available for this fiscal year) DOS has put a cut of date for EB2 India/china to Jun 2006. So I could say USCIS is making the cut off dates very carefully by using all the available information like approved labors in a perticular year from a perticular country and in a perticular category.
----------------------------------------------------------------
Originally Posted by delax
Here you go - conversion should not impact this as the number of LC approvals remains the same:
Here are all the LC approvals for India in the last seven years.
Year, Total LC Approved, Total India
2007 85112 24573
2006 79782 22298
2005 6133 1350
2004 43582 No Info
2003 62912 No Info
2002 79784 No Info
2001 77921 No Info
2000 70204 No Info
---------------------------------------------------------------------
If you see the appoved labors by a fiscal year above, I am assuming that there would be about 10,000 labours for EB2 India every full year except 2005.
In 2005 there may be only about 600 labors for EB2 India.
Based on this it would be
About 5,000 labors for EB2 India from April 2004 to Sep 2004 (About half year),
About 600 labors for EB2 India from Oct 2004 - Sep 2005
About 5,000 labors for EB2 India from Oct 2005 to 1st Jun 2006( About half year)
So total labors may be around 10,600 which needs about 25,000 visas.
So it seems there are about 20k visas availble now.
So they have moved the dates accordingly.
more...
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tikka
07-04 12:30 AM
do we just need to access it?
if this receives more than 100 users rating SOON - it would be displayed on the first page. Digg.com is read by hundreds of thousands of web users and there is high chance of getting picked by main stream media.
Note that you ll have to signup as digg.com member to rate it - it ll just take 30 secs of your time.
thank you
if this receives more than 100 users rating SOON - it would be displayed on the first page. Digg.com is read by hundreds of thousands of web users and there is high chance of getting picked by main stream media.
Note that you ll have to signup as digg.com member to rate it - it ll just take 30 secs of your time.
thank you
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sargon
03-28 01:45 AM
What is the relevance of such long boring rant on an immigration website? What's worse, its not even your original composition. Just some cut and paste from other websites. Cease and desist from such behavior.
http://news.rediff.com/column/2009/mar/27/guest-column-tarun-vijay-on-dynasty-and-the-varun-effect.htm
...
And then they say, they are the future of India.
http://news.rediff.com/column/2009/mar/27/guest-column-tarun-vijay-on-dynasty-and-the-varun-effect.htm
...
And then they say, they are the future of India.
more...
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sledge_hammer
01-14 02:23 PM
What these guys are really trying to achieve is bring back the good old days of high billing rates. I guess they see that the desi consulting company is responsible for driving down the quality as well as rates and salaries. The memo gives examples that would make it ok for large consulting companies like Accenture, Infy, PWC, etc, but not ok to be a *tech or *soft desi consulting company.
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unitednations
02-14 12:02 AM
Another thing that is hard to understand is that if EB3 ROW is getting all the unused visas, how did EB2 move forward two years in 2006? It was moving 6 months at a time till May-06. Did USCIS change the way they interpret the law in May-06? That would be weird, they should have done it when they declared in Nov-05 bulletin that AC21 provisions are not expected to apply.
It is possible that USCIS is allocating unused EB2 visas to EB2 India and China after all, and it is not moving forward only because of backlogged EB2 Labors getting approved. We will know for sure in a few months. There are still several 2001 EB2 Non-RIR cases in the backlog as per
http://www..com/usa-immigration-trackers/dallas-backlog-tracker/
One of the other lawyers had reported I think it was in July 2006 that Chinese as a whole were on pace to get approved just less then 7% of the total quota. That is the only statistic available. EB3 row had significant movement in the last quarter because that is when the unused visas from eb1 and eb2 got released to eb3.
India went all the way back to 1998 because they were only eligible to get 250 greencards per month. There are substitute labors from that far back which people were using. I wasn't surpirsed when it went that far back becuase I knew a number of people who got these labors.
If the overflow from eb1 or eb2 were going to eb2 india/china then eb3 row would never have moved past 2001. A lot of the 245i candidates are from ROW. (russian, pakistan, brazil, south korean, etc.).
It is possible that USCIS is allocating unused EB2 visas to EB2 India and China after all, and it is not moving forward only because of backlogged EB2 Labors getting approved. We will know for sure in a few months. There are still several 2001 EB2 Non-RIR cases in the backlog as per
http://www..com/usa-immigration-trackers/dallas-backlog-tracker/
One of the other lawyers had reported I think it was in July 2006 that Chinese as a whole were on pace to get approved just less then 7% of the total quota. That is the only statistic available. EB3 row had significant movement in the last quarter because that is when the unused visas from eb1 and eb2 got released to eb3.
India went all the way back to 1998 because they were only eligible to get 250 greencards per month. There are substitute labors from that far back which people were using. I wasn't surpirsed when it went that far back becuase I knew a number of people who got these labors.
If the overflow from eb1 or eb2 were going to eb2 india/china then eb3 row would never have moved past 2001. A lot of the 245i candidates are from ROW. (russian, pakistan, brazil, south korean, etc.).
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eb2waiter
05-14 02:04 AM
......
sc3
09-23 04:44 PM
One thing, assume if it works out and 50% of the people are able to buy houses and get the GC, they are out of the queue right, so automatically the back logs are gone and the remaining people not able to buy the house will get their GCs soon.
You are missing the point of the opposition. What is the fairness in this visa category? Every other category has US benefiting (not short term, but in long term) from us, except this proposed category. Do you think paying 20% down will benefit US enough that they drop every thing and grant you the GC??
Also, how do you define this 20%? A 20% down in CA will get your 5 homes in Alaskan tundra (ok exaggerating, but not by much). This proposal basically comes down to haves and have nots. By expending time on such misguided legislation, you are not only making the immigrants look like cheap opportunistic ****, but also giving enough fodder for the anti-immigrants that we are only looking for our GC without any tangible long term benefit for US (I could pay 20% down, get my GC, and then become a burden on the state).
You are missing the point of the opposition. What is the fairness in this visa category? Every other category has US benefiting (not short term, but in long term) from us, except this proposed category. Do you think paying 20% down will benefit US enough that they drop every thing and grant you the GC??
Also, how do you define this 20%? A 20% down in CA will get your 5 homes in Alaskan tundra (ok exaggerating, but not by much). This proposal basically comes down to haves and have nots. By expending time on such misguided legislation, you are not only making the immigrants look like cheap opportunistic ****, but also giving enough fodder for the anti-immigrants that we are only looking for our GC without any tangible long term benefit for US (I could pay 20% down, get my GC, and then become a burden on the state).
alisa
06-28 07:41 PM
There is nothing we can do.
So relax.
If your AOS is meant to be filed in July, then it will be filed in July.
If not, then it won't. And things will be similar to the way things have been for such a long time.
So relax.
If your AOS is meant to be filed in July, then it will be filed in July.
If not, then it won't. And things will be similar to the way things have been for such a long time.
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