sanjay
01-26 04:28 PM
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
Good information for all those who had or thinking of using AC21.
Very well written to-the-point information.
But life goes on...
Good information for all those who had or thinking of using AC21.
Very well written to-the-point information.
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JA1HIND
01-27 01:00 PM
Thanks lazysis.... your confidence is boosting my confidence too :-)
JaiHind....would you mind briefing me on your casez? why did ur employer charge 7K from you? did u also sign similar contract?
After reading all the great posts on this thread and their experiences, it hurts me why in the world did I even pay my old employer 7K...(I wish, to do something thing like this and check with great experts opinions like how you did on your case....) and could have saved 7K:mad:
here is my experience and for sure you all would agree by not paying 7k to this 2nd employer "sky wouldn't have fell down"....:
In 2003, I joined my 2nd employer (Indian Consulting) since I came to US in year 2001. At the time of joining this employer made me sign all kinds of contract and one of the contact that I signed was to pay (50-50%) for GC processing and if left the company before GC is approved I have to pay the remaining 50% and contract was something like this "if Employee were to leave the company’s employment prior to GC approval, employee hereby agrees to refund all expenses includes attorney, processing fees etc., to the Company with 30 day's......."
Here is my GC experience: I provided all the information that my 2nd employer/attorney requested in order to file my GC and after 6 months on my follow-up on where they are with GC process they told me to provide additional paper work due to which they could not start my GC processing "6 months wasted here" (since I am idiot) and should have realized this employer is a useless/fraud one and didn't learn my lesson in my 2nd attempt of GC processing with this 2nd employer (something similar happened to me with earlier employer (Indian consulting) & by the time I realized it was already 2 years wasted down the road and they haven't started my GC, I got irritated & left my 1st employer "2 years wasted 2001-2003).. I could have left little early but they had close to 40K of my overflow money with them which I was able to extract at the time of my wedding excuse....thank god!!
Now after providing other documents that he requested papers and then after then every month I used to follow-up but after another 6 months I know there was no progress and this employer is just carries about money and one day I asked him if they have any intentions of applying for my GC or would like to continue on playing around this catch up game for ever and finally they gave me attorney contact number & work directly with him...this attorney is another JOKER (Indian guy with a fake American accent). This attorney thinks he is Mr.George Bush-2, I could never talk to him directly & his assistant used to put me on to his voice mail every time when I called & later he used to mail with response...
By now I have already paid my 3.5K (that was forcibly deducted from my paycheck in addition to thei 60% of hourly pay cut) and almost 23 months gone down the road and asked if they filed my GC that was end of year 2004 and guess what.... they don't have receipt number at that time too...and right then I gave my 2 weeks notice and in advance I applied to another known consulting company H1 transfer (this is my current employer who is good and no complaints). The minute I gave my resignation, I was still working at the client using new H1 and happen to know that this 2nd employer was enjoying 60% of my hourly billing rate and when I gave my resignation they HR was bargaining me for increase in my pay by 50 CENTS/hour (can you guys believe this and its true they did that to me "50cents") and non of their great offers worked on my end and!! I left the company once I got approval from new employer and next day they sent me a notice to pay remaining 3.5K followed with legal action notice that will be taken if not paid in 30 days of time frame else they will give information to collection agencies...) Since they mentioned about "collection" agencies I decided to pay the remaining amount else as you all know these collections agencies can also ruin "credit history"...& thought its not worth dealing with credit history.
Summary of my GC experience: wasted 4 years of valuable time (2001-2004) & most important paid 7K for GC in first place process didn't even start at all....isn't that a JOKE!!
my 3rd employer filed for my GC in MAY 2005 in EB2 (TSC), received EAD/AP, I am very happy with this employer and treats their consultants very professional and helps if & when needed.
JUST CURIOUS, DO ALL THINK I CAN EXTRACT MY PAID 7K BACK FROM THIS EMPLOYER WHO CHEATED ME OR YOU THINK ITS WORTH LET IT GO???....any comments, suggestions are greatly appreciated!!
THE END!!
JaiHind....would you mind briefing me on your casez? why did ur employer charge 7K from you? did u also sign similar contract?
After reading all the great posts on this thread and their experiences, it hurts me why in the world did I even pay my old employer 7K...(I wish, to do something thing like this and check with great experts opinions like how you did on your case....) and could have saved 7K:mad:
here is my experience and for sure you all would agree by not paying 7k to this 2nd employer "sky wouldn't have fell down"....:
In 2003, I joined my 2nd employer (Indian Consulting) since I came to US in year 2001. At the time of joining this employer made me sign all kinds of contract and one of the contact that I signed was to pay (50-50%) for GC processing and if left the company before GC is approved I have to pay the remaining 50% and contract was something like this "if Employee were to leave the company’s employment prior to GC approval, employee hereby agrees to refund all expenses includes attorney, processing fees etc., to the Company with 30 day's......."
Here is my GC experience: I provided all the information that my 2nd employer/attorney requested in order to file my GC and after 6 months on my follow-up on where they are with GC process they told me to provide additional paper work due to which they could not start my GC processing "6 months wasted here" (since I am idiot) and should have realized this employer is a useless/fraud one and didn't learn my lesson in my 2nd attempt of GC processing with this 2nd employer (something similar happened to me with earlier employer (Indian consulting) & by the time I realized it was already 2 years wasted down the road and they haven't started my GC, I got irritated & left my 1st employer "2 years wasted 2001-2003).. I could have left little early but they had close to 40K of my overflow money with them which I was able to extract at the time of my wedding excuse....thank god!!
Now after providing other documents that he requested papers and then after then every month I used to follow-up but after another 6 months I know there was no progress and this employer is just carries about money and one day I asked him if they have any intentions of applying for my GC or would like to continue on playing around this catch up game for ever and finally they gave me attorney contact number & work directly with him...this attorney is another JOKER (Indian guy with a fake American accent). This attorney thinks he is Mr.George Bush-2, I could never talk to him directly & his assistant used to put me on to his voice mail every time when I called & later he used to mail with response...
By now I have already paid my 3.5K (that was forcibly deducted from my paycheck in addition to thei 60% of hourly pay cut) and almost 23 months gone down the road and asked if they filed my GC that was end of year 2004 and guess what.... they don't have receipt number at that time too...and right then I gave my 2 weeks notice and in advance I applied to another known consulting company H1 transfer (this is my current employer who is good and no complaints). The minute I gave my resignation, I was still working at the client using new H1 and happen to know that this 2nd employer was enjoying 60% of my hourly billing rate and when I gave my resignation they HR was bargaining me for increase in my pay by 50 CENTS/hour (can you guys believe this and its true they did that to me "50cents") and non of their great offers worked on my end and!! I left the company once I got approval from new employer and next day they sent me a notice to pay remaining 3.5K followed with legal action notice that will be taken if not paid in 30 days of time frame else they will give information to collection agencies...) Since they mentioned about "collection" agencies I decided to pay the remaining amount else as you all know these collections agencies can also ruin "credit history"...& thought its not worth dealing with credit history.
Summary of my GC experience: wasted 4 years of valuable time (2001-2004) & most important paid 7K for GC in first place process didn't even start at all....isn't that a JOKE!!
my 3rd employer filed for my GC in MAY 2005 in EB2 (TSC), received EAD/AP, I am very happy with this employer and treats their consultants very professional and helps if & when needed.
JUST CURIOUS, DO ALL THINK I CAN EXTRACT MY PAID 7K BACK FROM THIS EMPLOYER WHO CHEATED ME OR YOU THINK ITS WORTH LET IT GO???....any comments, suggestions are greatly appreciated!!
THE END!!
gmpa
01-11 11:28 AM
I sent letters to the President and IV.
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blacktongue
05-12 08:52 AM
Another idea.. (this will require a small bunch of people only)
Let a group of 10-25 people tie themselves on chainballs and handcuffs (or fetters) and march 1 mile to the USCIS office. Get this event covered by media..
Hold banners like "Free us", "We want EAD", "i485 NOW" and raise a few slogans
In addition someone can dress as Uncle Sam and pretend to whip the prisoners..
I have 2 questions. Why you think only I485 not greencard. Fight and get Greencard? Start protest self. Others join when one start. Why not you?
Let a group of 10-25 people tie themselves on chainballs and handcuffs (or fetters) and march 1 mile to the USCIS office. Get this event covered by media..
Hold banners like "Free us", "We want EAD", "i485 NOW" and raise a few slogans
In addition someone can dress as Uncle Sam and pretend to whip the prisoners..
I have 2 questions. Why you think only I485 not greencard. Fight and get Greencard? Start protest self. Others join when one start. Why not you?
more...
zoozee
08-28 03:46 PM
Waiting_4_gc,
I m flying to Pittsburgh on Saturday 15th Sept and will drive to Wa-DC on 17th Monday - and will schedule to meet lawmaker on Monday.
Enjoy and see you in the rally
Zoozee,
Even I'm flying from San Jose airport on Monday evening.My flight is at 6:30 pm (AA airlines). Can you tell me about your flight schedule?
I m flying to Pittsburgh on Saturday 15th Sept and will drive to Wa-DC on 17th Monday - and will schedule to meet lawmaker on Monday.
Enjoy and see you in the rally
Zoozee,
Even I'm flying from San Jose airport on Monday evening.My flight is at 6:30 pm (AA airlines). Can you tell me about your flight schedule?
yabadaba
05-22 03:02 PM
I wonder what our children and grandchildren will learn from all these. When they grow up and know that their parents had to go through this mess while waiting to be accepted legally for xxxx number of years and some people got the "grand reward" of being illegal for many years!! These CIRcus operators will be responsible for the loss of "very little" moral left in this country. GOD BLESS AMERICA.
first they should learn spanish
first they should learn spanish
more...
Saralayar
07-27 01:47 PM
Why do you keep calling them everyday? What is the urgency of getting receipts?
This is the attitude of our guys. So desperate. The agents get irritated because of this.
This is the attitude of our guys. So desperate. The agents get irritated because of this.
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USDream2Dust
04-08 03:04 PM
They didn't mentioned it in the press release though..
But this is USCIS. To calculate 21605-20000 they need full business day. Jokes apart they haven't mentioned. My guess is probability of winning lotto on Masters quota would be far higher than on regular quota. I could be wrong.
But this is USCIS. To calculate 21605-20000 they need full business day. Jokes apart they haven't mentioned. My guess is probability of winning lotto on Masters quota would be far higher than on regular quota. I could be wrong.
more...
gc_chahiye
08-20 09:14 PM
I agree that labor belongs to the company, but I paid all the fee for the same. They can always use that, but they are not supposed to screw up me In this case, they didn't talk to me and told me that my 485 was applied, which turned out to be a lie.
do you have it in writing from them that they filed your I-485?
do you have it in writing from them that they filed your I-485?
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pete
12-13 04:12 PM
What makes you this guys advocate?
A lot of us can do and will do many things. Your argument does not stand ground. I dont ahave anything against this guy. I have a problem with the system that permits this activity. Because its not fair. By the way I seriously doubt this happens to people in my situation. This is typical of "desi consultant companies". So once again pontiff i dont have a grudge against this guy but the system that allows this to take place.
A lot of us can do and will do many things. Your argument does not stand ground. I dont ahave anything against this guy. I have a problem with the system that permits this activity. Because its not fair. By the way I seriously doubt this happens to people in my situation. This is typical of "desi consultant companies". So once again pontiff i dont have a grudge against this guy but the system that allows this to take place.
more...
Tarang
06-13 12:38 PM
As per this logic, Prof Matloff is also paid in the same bracket as other university professors; so he is also ordinary because his pay ratio would be 1.0!!! At any place, your co-workers are doing same type of work, so will get same salary. Even in hedge funds, if an immigrant is paid very high salary, his colleagues are also paid the same high salary. Very ridiculous logic to use pay ratio.
Ask Mark that if pay ratio is 1.0, why are companies still hiring H1B people and get in to all these govt red tape, if they can easily get manpower at same cost without the need for H1?
And does he think that someone must have PhD to do useful innovations? How many of these great innovative companies are started by PhD? On the contrary, how many PhDs work for Microsoft who is started by college dropout?
Ask Mark that if pay ratio is 1.0, why are companies still hiring H1B people and get in to all these govt red tape, if they can easily get manpower at same cost without the need for H1?
And does he think that someone must have PhD to do useful innovations? How many of these great innovative companies are started by PhD? On the contrary, how many PhDs work for Microsoft who is started by college dropout?
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ckarri
07-02 04:08 PM
lawyer fee $1000
medical $600(for both of us)
INS fee $1490
Photos+Fedex charges +DOB Affidavits= $200
TOTAL $2290
medical $600(for both of us)
INS fee $1490
Photos+Fedex charges +DOB Affidavits= $200
TOTAL $2290
more...
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Ramba
08-07 06:07 PM
Now the actual tension started to me.
Is my H-1b still valid. I have scheduled travel on August 15'th 2008 via London (LHR). I believe, London airport does not allow any one with out proper visa's and documentation.
Does GC approval triggers automatic canellation of H1-B visa ( which is valid until Dec 2010)
How can I start another GC process , when they just approved a GC ( on August 06, 2008)
I heard some thing called Transfer of Residency. What is that?.
- Suresh
Your H1 (non-immigrant status) is invalid on the date of approval of 485 or once you become PR. Plastic card shows your PR starting date. Sometime, it is before the 485 approval date.
Is my H-1b still valid. I have scheduled travel on August 15'th 2008 via London (LHR). I believe, London airport does not allow any one with out proper visa's and documentation.
Does GC approval triggers automatic canellation of H1-B visa ( which is valid until Dec 2010)
How can I start another GC process , when they just approved a GC ( on August 06, 2008)
I heard some thing called Transfer of Residency. What is that?.
- Suresh
Your H1 (non-immigrant status) is invalid on the date of approval of 485 or once you become PR. Plastic card shows your PR starting date. Sometime, it is before the 485 approval date.
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Aah_GC
08-08 09:52 AM
Risk is just your perception. If you feel the new job offer is worth it and will help move forward in your career, you should go for it. Make sure you read all the AC21 posts in this site (and elsewhere) and be prepared.
Good luck!
Good luck!
more...
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ilwaiting
12-12 01:03 PM
Here's your answer in the bulletin
EMPLOYMENT: Demand for numbers in the Employment Third �Other Workers� category, as well as the China and India Employment Second preference categories, has been escalating. No movement in those cut-off dates will be possible until the current level of demand subsides.
I hope it doesn't retrogress in future.
I still don't understand why is EB-2 not moving forward especially that EB-1 is current.
EMPLOYMENT: Demand for numbers in the Employment Third �Other Workers� category, as well as the China and India Employment Second preference categories, has been escalating. No movement in those cut-off dates will be possible until the current level of demand subsides.
I hope it doesn't retrogress in future.
I still don't understand why is EB-2 not moving forward especially that EB-1 is current.
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wahwah
06-06 10:57 AM
i think what you're saying is not just a plausible but most likely scenario.
i read on some lawyers website that everytime he/she's filed an AC21 letter to show change of jobs he's gotten an RFE for the petitioner.
so that is why many lawyers recommend against sending any notification to USCIS regarding job change using AC21.
Going back to the supplemental AC21 memo:
Imagine an IO who has a very bad mood for the day. Then he receives an AC21 letter for the case he is processing and saw that the i-140 of the person is not yet approved.
And he thought: "Oh....I would raise an RFE for this and see if the previous employer still respond to it".
Do you think this is a plausible scenario?
i read on some lawyers website that everytime he/she's filed an AC21 letter to show change of jobs he's gotten an RFE for the petitioner.
so that is why many lawyers recommend against sending any notification to USCIS regarding job change using AC21.
Going back to the supplemental AC21 memo:
Imagine an IO who has a very bad mood for the day. Then he receives an AC21 letter for the case he is processing and saw that the i-140 of the person is not yet approved.
And he thought: "Oh....I would raise an RFE for this and see if the previous employer still respond to it".
Do you think this is a plausible scenario?
more...
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nrk
10-26 10:49 PM
Thanks i will talk to the attorney tomorrow and take an info pass accordingly.
Take an infopass appt ASAP.
The officer in the local USCIS office will be able to give more details about your case.
Take an infopass appt ASAP.
The officer in the local USCIS office will be able to give more details about your case.
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saurav_4096
01-04 03:07 PM
Let me acknowledge..This thread made me easily come out of holiday blues. Above thats its friday...!!!!
My take on this situation....ask your freind to apply for concurent H1b's..it works out well with concurent wives...!!!!:):):) He can bring one wife on each visa..!!!!
May be he can apply for blanket H4...
My take on this situation....ask your freind to apply for concurent H1b's..it works out well with concurent wives...!!!!:):):) He can bring one wife on each visa..!!!!
May be he can apply for blanket H4...
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mpadapa
03-18 09:58 AM
http://immigrationvoice.org/forum/showpost.php?p=231163&postcount=914
Thank you everyone for sending letters. We are now in Phase 2 of the campaign.
State chapter leaders have been informed of the update. Please get in touch with your state chapter groups for more regular updates on the Admin Fixes campaign. More updates will be given by the chapter leaders as we make progress in the Admin fixes campaign.
If you do not have a state chapter, please join a state chapter near your state.
Thank you everyone for sending letters. We are now in Phase 2 of the campaign.
State chapter leaders have been informed of the update. Please get in touch with your state chapter groups for more regular updates on the Admin Fixes campaign. More updates will be given by the chapter leaders as we make progress in the Admin fixes campaign.
If you do not have a state chapter, please join a state chapter near your state.
niidawg3
01-26 09:32 AM
1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
gcsim
06-05 09:33 AM
For all Eb3s along with EB2s with PD after April 2005, the movement in the coming visa bulletins wont be much encoraging unless the new Obama government does something significant about employent based category or immigrationvoice does a fruitful lobbying. The doings of something by obama government to employment based category is not in our hands. The only thing we could do is to help IV and help ourrselves by contributing to it to reach its financial target for better lobbying. Or else wait for the Visa Bulletin every month with great hopes, sorry dreams, for your PD to become current, and satisfy with your EADs for years ahead
Just a query how did you came up with the date of April 2005.
Just a query how did you came up with the date of April 2005.