h1bmajdoor
09-30 12:59 PM
I have recently been talking to members who have already filed I485 and have used AC21 to change jobs. I noted some limitations people face while changing jobs, getting higher salaries, making use of AC21 for changing more than 1 job.. etc etc.
It seems there is lack of information on this subject. Let us use this thread to
- share expeiences
- List issues you have all faced so that IV can have this information while working on advocay efforts.
- Make others aware of your problems and do's and don'ts in the community.
- Interpretation of various lawyers on this and how they have helped you solve your difficult situations.
Hope this information will help everyone
AFAIK there is no "more than 1 job change" regulation. You can change as many times as you want.
There is no need to inform INS. If you wish to be _extra_ safe you may, but be aware that "any information you provide will be used against you". Don't try to be more patriotic than the king.
As far a salary goes, AFAIK you have to make as much as the LC requires you to.
The job description has to be "similar". I guess that means if you were writing C++, you can't start driving a truck.
It seems there is lack of information on this subject. Let us use this thread to
- share expeiences
- List issues you have all faced so that IV can have this information while working on advocay efforts.
- Make others aware of your problems and do's and don'ts in the community.
- Interpretation of various lawyers on this and how they have helped you solve your difficult situations.
Hope this information will help everyone
AFAIK there is no "more than 1 job change" regulation. You can change as many times as you want.
There is no need to inform INS. If you wish to be _extra_ safe you may, but be aware that "any information you provide will be used against you". Don't try to be more patriotic than the king.
As far a salary goes, AFAIK you have to make as much as the LC requires you to.
The job description has to be "similar". I guess that means if you were writing C++, you can't start driving a truck.
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sanju_dba
11-17 03:34 PM
Done!
ssa
07-28 12:47 PM
What exactly is the point of this rambling debate? Does anybody really thinks he/she can make an EB2 see the point of view of EB3 or vice-a-versa? No amount of legal/moral/philosophical arguments is going to convince the other party and we all know it.
All this debate has done is to bring out the ugliest side of all of us to the surface. There are EB2s claiming every EB2 is by definition superior than EB3 which is insane. And there is an EB3 who is itching to take help of none other than Ron Hira to shot down somebody's GC application as a retribution and couple of people applauding him for the brilliant idea! Really? Do we really thinks this is such a grand idea?
Just accept that everyone's only guiding principle here is self interest and move along. No need to jump through hoops to interpret the immigration law in 101 different ways and no need to call attention to personal suffering and plight. If we do really believe personal suffering should take precedence over everything else on humanitarian grounds then lets all first fight for illegal immigrants since their suffering is much worse than anyone here!
EB3s, go run your campaign and stop trying to appeal to EB2's sense of justice. That will never happen.
EB2s, stop trying to expect EB3s will accept higher EB preference categories should in fact get preference over the lower ones. That will never happen.
The only thing we all can hopefully agree on is, if there is anyone here - doesn't matter EB2 or EB3- who is fiercely debating this but has never contributed to IV and has never participated in any of the previous IV action items in the past that person should just shut up! If you were never active in IV you shouldn't really be talking at this point!!
All this debate has done is to bring out the ugliest side of all of us to the surface. There are EB2s claiming every EB2 is by definition superior than EB3 which is insane. And there is an EB3 who is itching to take help of none other than Ron Hira to shot down somebody's GC application as a retribution and couple of people applauding him for the brilliant idea! Really? Do we really thinks this is such a grand idea?
Just accept that everyone's only guiding principle here is self interest and move along. No need to jump through hoops to interpret the immigration law in 101 different ways and no need to call attention to personal suffering and plight. If we do really believe personal suffering should take precedence over everything else on humanitarian grounds then lets all first fight for illegal immigrants since their suffering is much worse than anyone here!
EB3s, go run your campaign and stop trying to appeal to EB2's sense of justice. That will never happen.
EB2s, stop trying to expect EB3s will accept higher EB preference categories should in fact get preference over the lower ones. That will never happen.
The only thing we all can hopefully agree on is, if there is anyone here - doesn't matter EB2 or EB3- who is fiercely debating this but has never contributed to IV and has never participated in any of the previous IV action items in the past that person should just shut up! If you were never active in IV you shouldn't really be talking at this point!!
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senthil1
07-07 09:24 PM
This reply shows that because no visa is available they cannot accept the applications. If courts find any mistake Judge may order to correct the procedure. It is tough for courts to order USCIS to accept I485 when Visa number is not available. In case court dismisses the lawsuit then DOS and USCIS will make those happenings in July as a precedence. It needs to be seen how the drama unfolds
On CNBC:
http://www.cnbc.com/id/19634804/site/14081545/page/2/
BARTIROMO: Let me ask you a question on immigration. Lawyers are planning a class action suit right now over the State Department's offer of visas to highly skilled immigrants last month, even though the Department of Citizenship said there were no more visas available. What happened?
Dr. RICE: Well, this was a case in which for--at a certain point in time, we'd not filled the entire quota for these special immigrant visas. And made an announcement of that. But when they were filled, we had to cut it off at that point. There's a ceiling that's set every year and when that ceiling was reached, then we couldn't issue the visas any longer. But we're prepared to talk to people about what happened here. If there were problems in communication then those should be looked at. But it's pretty simple. We operate under a particular ceiling, and when that ceiling is filled, then we have to--we have to live within it.
BARTIROMO: And unfortunately, aren't these the exact type of people, very highly skilled, some physicians, that America wants to attract?
Dr. RICE: Well, it goes back to the point that I--that I made. A lot of people want to come to the United States. People will skills want to come to the United States. I'm a very big believer in having those people come to the United States, because the truth of the matter is, we don't, ourselves, produce enough of that skilled labor. We need to work on the educational front to make sure that we are producing us the numbers of engineers and the numbers of software people and the numbers of physicians that we need.
Dr. RICE: But we need immigration as well. The ceilings have been set. They are not ceilings that we set, they're set in the--they're set by statute, and I know that there are many who would like to see them raised, but that's a--that's a matter for the administration and Congress.
************************************************** ********
Something to chew over -- this is a Secretary of State who won't even admit to major blunders in Iraq, she is not about to admit they screwed up on this.
On CNBC:
http://www.cnbc.com/id/19634804/site/14081545/page/2/
BARTIROMO: Let me ask you a question on immigration. Lawyers are planning a class action suit right now over the State Department's offer of visas to highly skilled immigrants last month, even though the Department of Citizenship said there were no more visas available. What happened?
Dr. RICE: Well, this was a case in which for--at a certain point in time, we'd not filled the entire quota for these special immigrant visas. And made an announcement of that. But when they were filled, we had to cut it off at that point. There's a ceiling that's set every year and when that ceiling was reached, then we couldn't issue the visas any longer. But we're prepared to talk to people about what happened here. If there were problems in communication then those should be looked at. But it's pretty simple. We operate under a particular ceiling, and when that ceiling is filled, then we have to--we have to live within it.
BARTIROMO: And unfortunately, aren't these the exact type of people, very highly skilled, some physicians, that America wants to attract?
Dr. RICE: Well, it goes back to the point that I--that I made. A lot of people want to come to the United States. People will skills want to come to the United States. I'm a very big believer in having those people come to the United States, because the truth of the matter is, we don't, ourselves, produce enough of that skilled labor. We need to work on the educational front to make sure that we are producing us the numbers of engineers and the numbers of software people and the numbers of physicians that we need.
Dr. RICE: But we need immigration as well. The ceilings have been set. They are not ceilings that we set, they're set in the--they're set by statute, and I know that there are many who would like to see them raised, but that's a--that's a matter for the administration and Congress.
************************************************** ********
Something to chew over -- this is a Secretary of State who won't even admit to major blunders in Iraq, she is not about to admit they screwed up on this.
more...
h1techSlave
06-29 10:43 AM
The answer to your question is: Nothing. They may be waiting, because of many reasons like, they are scared, do not care, there are other opportunities, tired of this immigration crap, lack of enough knowledge regarding their rights.
Now, I do not think the onus correcting such mistakes is 100% on the EAD folks' shoulders. I remember reading how slavery ended in this country. Slavery died, not because the black people fought for the abolition of slavery; slavery ended when the white man realized that slavery is wrong.
Based on the same logic, I would say that the job of stopping discrimination against EAD/H1B etc. is mainly the responsibility of Citizens and GC holders. It is their country; it is up to them to fix it.
My question is -
what are these "1000s of folks" doing? Are they waiting for someone else to work for their cause?
If they believe they were wronged, they need to take action. Without any action, nothing is going to happen.
And, yes, these is discrimination on the both side of the lines. Have you looked at the hiring practices of leading desi outsourcing/consulting companies in the US?
__________________
Not a legal advice.
Now, I do not think the onus correcting such mistakes is 100% on the EAD folks' shoulders. I remember reading how slavery ended in this country. Slavery died, not because the black people fought for the abolition of slavery; slavery ended when the white man realized that slavery is wrong.
Based on the same logic, I would say that the job of stopping discrimination against EAD/H1B etc. is mainly the responsibility of Citizens and GC holders. It is their country; it is up to them to fix it.
My question is -
what are these "1000s of folks" doing? Are they waiting for someone else to work for their cause?
If they believe they were wronged, they need to take action. Without any action, nothing is going to happen.
And, yes, these is discrimination on the both side of the lines. Have you looked at the hiring practices of leading desi outsourcing/consulting companies in the US?
__________________
Not a legal advice.
GCard_Dream
10-05 12:20 PM
I am afraid that you might be right on this. Having said that it appears that there isn’t lot of resistance for our provisions in the senate. In fact, we have been able to get our provisions through the senate few times already but we have never been able to get anything out of the house. We tried twice and it always failed in the house.
So why don’t we try to persuade house to come up with our provisions and that shouldn’t (I hope) have any problem in the senate. If history is any guide, senate has always been helpful to us. Any comment on who in the house might be willing to help us in lame-duck session.
If the Democrats :cool: win, we will be screwed because the illegals will get all the visas.
If the Republicans :cool: :eek: win, we will also be screwed because nobody will get visas.
So why don’t we try to persuade house to come up with our provisions and that shouldn’t (I hope) have any problem in the senate. If history is any guide, senate has always been helpful to us. Any comment on who in the house might be willing to help us in lame-duck session.
If the Democrats :cool: win, we will be screwed because the illegals will get all the visas.
If the Republicans :cool: :eek: win, we will also be screwed because nobody will get visas.
more...
amsgc
08-25 12:47 AM
gc28262,
The issue is not with desi consultants. It is with those companies who game the system and take advantage of workers from India. If you believe that the petition filed by your company is legit, then it is all good - you will never have to worry about any audit or RFE.
As I have said before, the problem arises when some companies file petitions when there isn't an immediate job offer. They often take money from the H-1B worker to file the petition and not pay them when they are on bench - making them vulnerable to USCIS audits. In my view this is bad for the H-1B program and everybody who is involed, and it should be investigated by the USCIS.
Now, there may not be many who do this - but a few bad apples have certainly given the rest of us a bad name.
Here are some of the red dot comments I recieved for my early posts. Not that I care about red dots.
<quote>
no. i was hired because i was good. you were hired because you were willing to work as a slave for 40k.
BAN desi consultants, hoarding H1B's from deserving people, BAN everyone who supports them
</quote>
To the poster of this message,
This country is not for incompetent people who fear desi-consultants.
The issue is not with desi consultants. It is with those companies who game the system and take advantage of workers from India. If you believe that the petition filed by your company is legit, then it is all good - you will never have to worry about any audit or RFE.
As I have said before, the problem arises when some companies file petitions when there isn't an immediate job offer. They often take money from the H-1B worker to file the petition and not pay them when they are on bench - making them vulnerable to USCIS audits. In my view this is bad for the H-1B program and everybody who is involed, and it should be investigated by the USCIS.
Now, there may not be many who do this - but a few bad apples have certainly given the rest of us a bad name.
Here are some of the red dot comments I recieved for my early posts. Not that I care about red dots.
<quote>
no. i was hired because i was good. you were hired because you were willing to work as a slave for 40k.
BAN desi consultants, hoarding H1B's from deserving people, BAN everyone who supports them
</quote>
To the poster of this message,
This country is not for incompetent people who fear desi-consultants.
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roseball
09-10 10:09 AM
I don't know what this means. This is what it say in the Mumbai website.
Category India Most Other Countries
F1 22 July 2003 22 July 2003
FX 1 March 2003 1 March 2003
F2A 1 June 2005 1 June 2005
F2B 22 August 2001 22 August 2001
F3 15 Janurary 2001 15 Janurary 2001
F4 15 April 1999 15 April 1999
E1 Current Current
E2 22 January 2005 Current
E3 22 February 2002 1 June 2002
EW 1 June 2001 1 June 2001
E4 Current Current
E4-Religious Current Current
Either the US Consulate got the EB-3 India date wrong or there was a typo in the Oct Visa Bulletin. I wish/hope there was a typo in the bulletin and Mumbai consulate got it right....Cut Off Dates- Consulate General of the United States Mumbai, India (http://mumbai.usconsulate.gov/cut_off_dates.html)..But it seems they might have copied the date from China column of the visa bulletin...
Category India Most Other Countries
F1 22 July 2003 22 July 2003
FX 1 March 2003 1 March 2003
F2A 1 June 2005 1 June 2005
F2B 22 August 2001 22 August 2001
F3 15 Janurary 2001 15 Janurary 2001
F4 15 April 1999 15 April 1999
E1 Current Current
E2 22 January 2005 Current
E3 22 February 2002 1 June 2002
EW 1 June 2001 1 June 2001
E4 Current Current
E4-Religious Current Current
Either the US Consulate got the EB-3 India date wrong or there was a typo in the Oct Visa Bulletin. I wish/hope there was a typo in the bulletin and Mumbai consulate got it right....Cut Off Dates- Consulate General of the United States Mumbai, India (http://mumbai.usconsulate.gov/cut_off_dates.html)..But it seems they might have copied the date from China column of the visa bulletin...
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piman2100
11-18 09:56 AM
Sent the email. Will communicate it to my friends.
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sujith1
08-03 12:01 PM
Got 2 year EAD approved on 7/31/08
RD - July 11
Still waiting for spouse - not updates there
no updates on AP for both of us
RD - July 11
Still waiting for spouse - not updates there
no updates on AP for both of us
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samrat_bhargava_vihari
06-13 09:50 AM
Hi any body got FP notice with your receipt notice?
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desi3933
07-10 03:37 PM
....
That's where AC21 comes to rescue, and you can become "self-employed" rather than "unemployed." Question is, why can't self-employment in same/similar occupation as your I-140 petition be considered to satisfy I-140 requirement?....
Yes, one can be self-employed for AC-21 job, as long as conditions mentioned in the same memo are fulfilled
"Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. ...... "
That's where AC21 comes to rescue, and you can become "self-employed" rather than "unemployed." Question is, why can't self-employment in same/similar occupation as your I-140 petition be considered to satisfy I-140 requirement?....
Yes, one can be self-employed for AC-21 job, as long as conditions mentioned in the same memo are fulfilled
"Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. ...... "
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odf
06-18 11:17 AM
Did u get the receipt number
My 485 applications reached NSC on June 4th, 2007. I have called my attorney. They haven't received anything so far. I need to wait for few more days./
My 485 applications reached NSC on June 4th, 2007. I have called my attorney. They haven't received anything so far. I need to wait for few more days./
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tonyHK12
02-02 11:02 AM
to create forum like this and get people who complains about India and slowly work on fixing it one by one.
Good luck finding volunteers and donors!
Good luck finding volunteers and donors!
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VMH_GC
07-20 10:00 AM
The thread is growing at an amazing speed.
With the least advertisement there are people joining the thread to do their fair share.
Very impressed !!!
TOGETHER WE CAN GET THIS DONE TODAY
Small suggestion, Please extend this drive until monday, lot of people might contribute on weekend.
With the least advertisement there are people joining the thread to do their fair share.
Very impressed !!!
TOGETHER WE CAN GET THIS DONE TODAY
Small suggestion, Please extend this drive until monday, lot of people might contribute on weekend.
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siaa96
10-08 01:47 PM
I totally miss your point: why is ending retrogression bad? Because all 800K people might get the GC within 6 months? Whats wrong with that? Its not fair to those who have waited longer than others? Dont be a member of the "just because I suffered I want everyone else to suffer" That makes you no different from that talkshow host (who is now a citizen) on the radio channel recently who said he waited 10 years to get his GC, so everyone else also should, otherwise its not "fair"
Or, are you mixing up ending retrogression with making dates current? No thats not what we want. We want dates made current after the visa supply = demand. Just making all VBs like the July VB is pointless, and does lead to lots of uncertainties. By ending retrogression I mean making sure we have enough visa numbers for all who have been qualified by DOL (LC) and USCIS (I-140), by:
- ending per-country quota
- not counting dependents
- recapturing wasted visa numbers.
I think we are talking about the same thing. If you see my post carefully, I clearly mentioned that I do not support lifting retrogression if the annual quota limit continues. I will be more than happy to see all quotas lifted and everyone gets GCs tomorrow. But I will not be happy if a 2007 person gets the GC tomorrow and I get mine after 5 years. That's exactly what might happen if they keep the quotas but remove retrogression
Or, are you mixing up ending retrogression with making dates current? No thats not what we want. We want dates made current after the visa supply = demand. Just making all VBs like the July VB is pointless, and does lead to lots of uncertainties. By ending retrogression I mean making sure we have enough visa numbers for all who have been qualified by DOL (LC) and USCIS (I-140), by:
- ending per-country quota
- not counting dependents
- recapturing wasted visa numbers.
I think we are talking about the same thing. If you see my post carefully, I clearly mentioned that I do not support lifting retrogression if the annual quota limit continues. I will be more than happy to see all quotas lifted and everyone gets GCs tomorrow. But I will not be happy if a 2007 person gets the GC tomorrow and I get mine after 5 years. That's exactly what might happen if they keep the quotas but remove retrogression
more...
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makemygc
08-01 08:44 PM
Up until July 29, 2007 (incl.) when sorting of files was going on, NSC did a load sharing of files with TSC. (and btw they did not look at where ones' I-140 is adjudicated when making the selection, it was random. I know several such cases)
This in my opinion is a very good way of making sure adjudicating resources are kept in balance at both centers.
Like somone quiet rightly pointed out it is akin to the old Labor Certification process where some states were way faster than others (less demand faster process).
In the direct filing which started July 30, 2007 the load sharing has a great possibilty of being tilted one way or the other (though maybe not as much as old LC's). They have made a geographical distribution and not one that factors # of applications traditionally received from states.
On the other hand, may be USCIS has figured that the particular geographical jurisdiction produces the right load sharing between NSC and TSC!
CA and NY were the two states which were always backlogged during those bad old days of labor processing. Now, CA application goes to TSC and NY goes to NSC and that might keep both the centers balanced going forward.
But I think rather than dividing based on the states, they should rather do a load balancing based on the request coming..just like our network works :)
Load balancing can be simply based on the round robin fashion..one goes to TSC other goes to NSC and so on.
How difficult is to build that kind of system and to keep it balanced and fair for all.
This in my opinion is a very good way of making sure adjudicating resources are kept in balance at both centers.
Like somone quiet rightly pointed out it is akin to the old Labor Certification process where some states were way faster than others (less demand faster process).
In the direct filing which started July 30, 2007 the load sharing has a great possibilty of being tilted one way or the other (though maybe not as much as old LC's). They have made a geographical distribution and not one that factors # of applications traditionally received from states.
On the other hand, may be USCIS has figured that the particular geographical jurisdiction produces the right load sharing between NSC and TSC!
CA and NY were the two states which were always backlogged during those bad old days of labor processing. Now, CA application goes to TSC and NY goes to NSC and that might keep both the centers balanced going forward.
But I think rather than dividing based on the states, they should rather do a load balancing based on the request coming..just like our network works :)
Load balancing can be simply based on the round robin fashion..one goes to TSC other goes to NSC and so on.
How difficult is to build that kind of system and to keep it balanced and fair for all.
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07-03 12:54 PM
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psk79
08-29 09:44 AM
I filed late June at NSC trs to Texas and received on July 2nd. Just received my RN yesterday for my 485. On line it says that my ead has been approved and the notice went out on the 25th.
Did your checks cashed before you got the receipts? or receipts much faster?? Congrats!
Did your checks cashed before you got the receipts? or receipts much faster?? Congrats!
CADude
08-24 01:53 PM
It's seems TSC again in sleep mode.. Hope next week will be better.. We will cross 60 days from filing.. 30 days more to go for any CSR help unless they say call after 120 days.. :D:D
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