JulyFiler
10-08 06:43 PM
I'm currently on my 4th EAD & AP, and I used AC21 twice so far to switch jobs (similar job descriptions, including the specific technologies I worked on). On both occasions, I have not informed USCIS. My attorney said one is not legally required to do so, and that we could respond if there is any RFE.
But I also know that there are lot of attorneys out there who recommend informing USCIS about the job change. I don't personally know of anyone who have used AC21 and went on to get the green card, so I can't really tell which approach is better. In either case, make sure to have all relevant paper work with you - specifically the experience letters from old employers with proper job descriptions.
As for the salary increases when changing jobs, I did talk to more than one attorney about this. And what I heard consistently was that higher salary is not as much of a problem as lower salary could be. In my case, I had salary increases of more than 30% each time I changed jobs, and I am doing fine so far. Whether that becomes a problem for me or not, I will deal with it when it happens.
I traveled out of the country a couple of times using AP. On my return to US, at the port of entry (SFO), I was asked if I still worked for the company that originally sponsored my GC application. I told them I changed employers using AC21, and that I was not legally required to inform USCIS about the job change. And they let me go without causing any trouble. Not sure if anyone else had different experiences in such case, but the immigration officers at SFO seem to be somewhat easier to deal with (assuming you haven't done anything wrong, of course).
I did have trouble with AC21 once. I ended up having a gap between my 2nd and 3rd EADs (so did my wife too), as we tried to do too much 'optimization' of EADs. Well, we learned the hard way that 'optimization' effort is bad, as both of us had to stop working during the gap. It's not a very pleasant feeling having to explain our respective employers that we had such issue. We lost money too, as we couldn't be legally paid during the gap - in addition to the unnecessary stress. I wish USCIS issues EADs with longer validity period - something like 3 years (but I once heard Aman say that they couldn't do so due to a software glitch in their system!!). In any case, we are now filing for EAD renewals well in advance of the current one's expiry.
Other issues with AC21 that we faced are things like having to pay for EAD and AP renewals every year, which is quite expensive. I guess you could negotiate this with your new employer when changing jobs. And the sheer inability to change your job roles or take on more responsibilities (on paper too!) is frustrating, but that is more of a lengthy GC processing symptom than an AC21 issue.
All things considered, I think AC21 is good. It's got it's set of issues, especially if you don't use it wisely, but it at least lets you have some kind of progress in your careers. The way I see it, if there is no career progress, I can at least make more money. You got to gain something over years of waiting to keep you going!
Let me ask you a question.
When you renew EAD what will be the start date. For example:
Lets say current EAD Expires 12/31/2007.
I apply for renewal in July say 07/01/2007.
When I get the new EAD would it start from 12/31/2007 to 12/31/2008 or sometime in July/August/September when it gets approved?
Basically would the renewal date start from where the current one is expiring or from the dat it got approved?
Thanks
But I also know that there are lot of attorneys out there who recommend informing USCIS about the job change. I don't personally know of anyone who have used AC21 and went on to get the green card, so I can't really tell which approach is better. In either case, make sure to have all relevant paper work with you - specifically the experience letters from old employers with proper job descriptions.
As for the salary increases when changing jobs, I did talk to more than one attorney about this. And what I heard consistently was that higher salary is not as much of a problem as lower salary could be. In my case, I had salary increases of more than 30% each time I changed jobs, and I am doing fine so far. Whether that becomes a problem for me or not, I will deal with it when it happens.
I traveled out of the country a couple of times using AP. On my return to US, at the port of entry (SFO), I was asked if I still worked for the company that originally sponsored my GC application. I told them I changed employers using AC21, and that I was not legally required to inform USCIS about the job change. And they let me go without causing any trouble. Not sure if anyone else had different experiences in such case, but the immigration officers at SFO seem to be somewhat easier to deal with (assuming you haven't done anything wrong, of course).
I did have trouble with AC21 once. I ended up having a gap between my 2nd and 3rd EADs (so did my wife too), as we tried to do too much 'optimization' of EADs. Well, we learned the hard way that 'optimization' effort is bad, as both of us had to stop working during the gap. It's not a very pleasant feeling having to explain our respective employers that we had such issue. We lost money too, as we couldn't be legally paid during the gap - in addition to the unnecessary stress. I wish USCIS issues EADs with longer validity period - something like 3 years (but I once heard Aman say that they couldn't do so due to a software glitch in their system!!). In any case, we are now filing for EAD renewals well in advance of the current one's expiry.
Other issues with AC21 that we faced are things like having to pay for EAD and AP renewals every year, which is quite expensive. I guess you could negotiate this with your new employer when changing jobs. And the sheer inability to change your job roles or take on more responsibilities (on paper too!) is frustrating, but that is more of a lengthy GC processing symptom than an AC21 issue.
All things considered, I think AC21 is good. It's got it's set of issues, especially if you don't use it wisely, but it at least lets you have some kind of progress in your careers. The way I see it, if there is no career progress, I can at least make more money. You got to gain something over years of waiting to keep you going!
Let me ask you a question.
When you renew EAD what will be the start date. For example:
Lets say current EAD Expires 12/31/2007.
I apply for renewal in July say 07/01/2007.
When I get the new EAD would it start from 12/31/2007 to 12/31/2008 or sometime in July/August/September when it gets approved?
Basically would the renewal date start from where the current one is expiring or from the dat it got approved?
Thanks
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GreeNever
05-03 10:48 AM
I don't mean this to be subjective. Earlier, I hv also seen a few others raise this question on the Advanced Degrees and exemptions.
Master's Degree in the US from an accredited Instituiton plus five years of related Work experience but the employer may have chosen to file under EB3. In my case, my employer does not acknowledge the Advanced Degree indicating that the position for which the labor was granted for did not warrant a Master's Degree.
What are my options for availing the SKIL or STEM/PACE provisions? I seem to meet all clauses to be deemed portable. Can I port to a different employer who may be able to further the process through these provisions, as and when they come into effect and continue being on EB3, but being exempt from the limit? Does this shake the grounds of the labor approval (for EB3 and the position not mandating an Advanced Degree)? Am I stuck? I have even considered changing my category to EB2 and being able to avail the priority date...
Master's Degree in the US from an accredited Instituiton plus five years of related Work experience but the employer may have chosen to file under EB3. In my case, my employer does not acknowledge the Advanced Degree indicating that the position for which the labor was granted for did not warrant a Master's Degree.
What are my options for availing the SKIL or STEM/PACE provisions? I seem to meet all clauses to be deemed portable. Can I port to a different employer who may be able to further the process through these provisions, as and when they come into effect and continue being on EB3, but being exempt from the limit? Does this shake the grounds of the labor approval (for EB3 and the position not mandating an Advanced Degree)? Am I stuck? I have even considered changing my category to EB2 and being able to avail the priority date...
SunnySurya
08-18 02:14 PM
So far I have abq_gc, Johnamit , Singhsa3 , SunnySurya and pamposh(5 and counting ) . I need more..
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GC_SUCK
03-08 02:12 PM
Due to GC mess, we were very close to divorce?
more...
praveenat11
01-07 11:18 AM
Hi guys,
i got my FP notice on Jan 10 in NJ at 1.00pm.At which time do i need to go for FP in Arizona (M.S.T).
i got my FP notice on Jan 10 in NJ at 1.00pm.At which time do i need to go for FP in Arizona (M.S.T).
Michael chertoff
12-17 12:49 PM
You may want to focus on (and be thankful for) what you have out of the following:
1. Good health (which we often take for granted)
2. US born kids (at least they are citizens, if that's important to you)
3. US education (a different experience for sure)
4. Good savings (all said and done, your bank balance is very important no matter where you stay in the world)
5. Good work experience (this is transferable and more or less ensures a decent future)
6. Loving/caring family/friends (who will always love you the same and couldn't care less about GC or citizenship)
This obviously is not a all-inclusive list. You may have your own things to add here. To me, having all these priceless gifts on the one hand and not having a GC on the other is clearly lopsided for you to be happy!
And after all, we are not "permanent" residents of anywhere, right? :) So, why attach more than necessary importance to a piece of paper during our prime time?
Cheers,
GG_007
1. Good health (which we often take for granted)
YEs
2. US born kids (at least they are citizens, if that's important to you)
Not married no kids
3. US education (a different experience for sure)
No us education
4. Good savings (all said and done, your bank balance is very important no matter where you stay in the world)
No savings no big salary
5. Good work experience (this is transferable and more or less ensures a decent future)
Yeah just started career
6. Loving/caring family/friends (who will always love you the same and couldn't care less about GC or citizenship)
Dont know about that
Been herr from 7 years..
1. Good health (which we often take for granted)
2. US born kids (at least they are citizens, if that's important to you)
3. US education (a different experience for sure)
4. Good savings (all said and done, your bank balance is very important no matter where you stay in the world)
5. Good work experience (this is transferable and more or less ensures a decent future)
6. Loving/caring family/friends (who will always love you the same and couldn't care less about GC or citizenship)
This obviously is not a all-inclusive list. You may have your own things to add here. To me, having all these priceless gifts on the one hand and not having a GC on the other is clearly lopsided for you to be happy!
And after all, we are not "permanent" residents of anywhere, right? :) So, why attach more than necessary importance to a piece of paper during our prime time?
Cheers,
GG_007
1. Good health (which we often take for granted)
YEs
2. US born kids (at least they are citizens, if that's important to you)
Not married no kids
3. US education (a different experience for sure)
No us education
4. Good savings (all said and done, your bank balance is very important no matter where you stay in the world)
No savings no big salary
5. Good work experience (this is transferable and more or less ensures a decent future)
Yeah just started career
6. Loving/caring family/friends (who will always love you the same and couldn't care less about GC or citizenship)
Dont know about that
Been herr from 7 years..
more...
pani_6
12-10 08:14 AM
My concern is that if CIR does not get taken up sooner that May07...it may be postponed to 09 due to election politics being a hot potato issue...what I would suggest is that we start working from the first day the congress starts and whether through QGA or through indiviual senators try to pass just non-contraversial benefits like ability to file EAD after I-140, recapture of Visa numbers and Spouse and kid not included in the Visa numbers and intorduce this bill and try to pass it.
What we need is a interim EB bill.
The first stpes may be to indentify all non-contraversial issues and then come to a common understanding on those...advise all state chapters meet thier senators about these same issue(ALL members are talking the same)
Intorduce these no later than End of Jan 07 for discussion. in senate..Lets explain to them that its going on getting postponed due to the fact senators are postponing the benefits to us syaing it will be included in the CIR...and so on...they have been very sincere in delaying this intentionally....
If we need to get started on the first day of congress I suggest we start getting organozed now...
What do you guys think!!
What we need is a interim EB bill.
The first stpes may be to indentify all non-contraversial issues and then come to a common understanding on those...advise all state chapters meet thier senators about these same issue(ALL members are talking the same)
Intorduce these no later than End of Jan 07 for discussion. in senate..Lets explain to them that its going on getting postponed due to the fact senators are postponing the benefits to us syaing it will be included in the CIR...and so on...they have been very sincere in delaying this intentionally....
If we need to get started on the first day of congress I suggest we start getting organozed now...
What do you guys think!!
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nc14
05-23 08:54 AM
Just emailed my State Senators (OH) and also the 10 Senators listed by Core Team.
If it helps, below are the Contact Form for all 10 common Seantors listed by Core Team.
Also the advise by a fellow member of using Google Autofill was awesome.
Patrick J. Leahy http://leahy.senate.gov/contact.html
Arlen Specter http://specter.senate.gov/index.cfm?FuseAction=ContactInfo.Home
Chuck Hagel http://hagel.senate.gov/index.cfm?FuseAction=Contact.Home
Diane Feinstein http://www.feinstein.senate.gov/public/index.cfm?FuseAction=ContactUs.EmailMe
John Cornyn http://cornyn.senate.gov/index.asp?f=contact&lid=1#contact
Harry Reid http://reid.senate.gov/contact/email_form.cfm
Mitch McConnell http://mcconnell.senate.gov/contact_form.cfm
Mel Martinez http://martinez.senate.gov/public/index.cfm?FuseAction=ContactInformation.ContactFor m&CFID=22272398&CFTOKEN=66357958
Trent Lott http://lott.senate.gov/index.cfm?FuseAction=Contact.Email
Lindsey Graham http://lgraham.senate.gov/index.cfm?mode=contactform
GO IV GO..
.................................................. ..........................
$100+$20 recurring + $100 (Yesterday)
If it helps, below are the Contact Form for all 10 common Seantors listed by Core Team.
Also the advise by a fellow member of using Google Autofill was awesome.
Patrick J. Leahy http://leahy.senate.gov/contact.html
Arlen Specter http://specter.senate.gov/index.cfm?FuseAction=ContactInfo.Home
Chuck Hagel http://hagel.senate.gov/index.cfm?FuseAction=Contact.Home
Diane Feinstein http://www.feinstein.senate.gov/public/index.cfm?FuseAction=ContactUs.EmailMe
John Cornyn http://cornyn.senate.gov/index.asp?f=contact&lid=1#contact
Harry Reid http://reid.senate.gov/contact/email_form.cfm
Mitch McConnell http://mcconnell.senate.gov/contact_form.cfm
Mel Martinez http://martinez.senate.gov/public/index.cfm?FuseAction=ContactInformation.ContactFor m&CFID=22272398&CFTOKEN=66357958
Trent Lott http://lott.senate.gov/index.cfm?FuseAction=Contact.Email
Lindsey Graham http://lgraham.senate.gov/index.cfm?mode=contactform
GO IV GO..
.................................................. ..........................
$100+$20 recurring + $100 (Yesterday)
more...
danila
07-08 08:15 PM
AFAIK when you file the A number is allocated. That is the "visa number", and it comes from the country/EB quotas.
once that is exhausted for a country/EB, you have to wait.
it is not the CIS being mean. That is the way the Congress wrote the law. CIS is just enforcing it.
'A' number is not the visa number, it's the alien registration number assigned by USCIS. Visa number is allocated only when the AOS application has been approved.
once that is exhausted for a country/EB, you have to wait.
it is not the CIS being mean. That is the way the Congress wrote the law. CIS is just enforcing it.
'A' number is not the visa number, it's the alien registration number assigned by USCIS. Visa number is allocated only when the AOS application has been approved.
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immigrationmatters30
11-17 06:30 PM
Done
more...
amitjoey
11-17 05:33 PM
Posted on the Northern California chapter.
Chapter leaders- Please post on your chapter groups.
If you know your state chapter leaders, please ask them to post on the yahoo groups.
Chapter leaders- Please post on your chapter groups.
If you know your state chapter leaders, please ask them to post on the yahoo groups.
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Ram_C
11-06 01:40 PM
Guys,
It's almost 3 weeks today since I've opened SRs for my self and my spouse for not receiving FP notice and we haven't got any notice yet.
I want to know if some one who opened a SR for FP and did not receive any FP notice after the wait period expired, what did you do? Is taking an infopass the next step for missing FP notices or just wait and watch?
Thanks and good luck to all.
was your case transferd from NSC -> TSC ???
It's almost 3 weeks today since I've opened SRs for my self and my spouse for not receiving FP notice and we haven't got any notice yet.
I want to know if some one who opened a SR for FP and did not receive any FP notice after the wait period expired, what did you do? Is taking an infopass the next step for missing FP notices or just wait and watch?
Thanks and good luck to all.
was your case transferd from NSC -> TSC ???
more...
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mani_r1
03-24 10:08 PM
I applied 485 on July2nd 2007, we never got the FP notice, I called up the USCIS inquiry number, opened two service requests, nothing happened. My lawyer sent a letter asking USCIS to look at our case, that was ignored as well. We finally got an Infopass appointment and went to the office today, after a little bit of confusion, we were told that the most likely cause was that we sent pictures along with our EAD applications and that confused CIS procedures and they missed sending us FP notices.
Cant believe this crappy explanation, but this is what we were told. We were told that usually they call people in for FP and take the pictures and then process the EADs. Anyway, it took all of ten minutes to figure this out and issue us an FP notice, there is no reason they couldnt have done this over the phone...
Good thing though is that not having the FP done does not stop then from processing the Name check and infact my wife's name check has been completed..
Hope that helps...
Which USCIS office did you go ? Did they schedule your FP or did you get your FP done there itself?
Thanks
Cant believe this crappy explanation, but this is what we were told. We were told that usually they call people in for FP and take the pictures and then process the EADs. Anyway, it took all of ten minutes to figure this out and issue us an FP notice, there is no reason they couldnt have done this over the phone...
Good thing though is that not having the FP done does not stop then from processing the Name check and infact my wife's name check has been completed..
Hope that helps...
Which USCIS office did you go ? Did they schedule your FP or did you get your FP done there itself?
Thanks
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hpandey
09-09 11:16 AM
It is depressing to see that nothing has changed much since the last post in this thread in 2007!
We are still in the same rut :mad: and not a single immigration news to read either :eek: let alone have any kind of active debate on the topic !!
You are wrong. There have been lot of changes. Two year EAD for one. And how about EB2 category moving to mid 2006 so most of the EB2 people before that have got GC or will surely get it next year. The only thing that hasn;'t changed is EB3 India. It was stuck in 2001 at that time and still is in 2001. It will crawl to 2002 in the coming year but that's that.
We are still in the same rut :mad: and not a single immigration news to read either :eek: let alone have any kind of active debate on the topic !!
You are wrong. There have been lot of changes. Two year EAD for one. And how about EB2 category moving to mid 2006 so most of the EB2 people before that have got GC or will surely get it next year. The only thing that hasn;'t changed is EB3 India. It was stuck in 2001 at that time and still is in 2001. It will crawl to 2002 in the coming year but that's that.
more...
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girishvar
08-10 09:59 PM
I only got CPO on 8/8/8 and soft LUD on 8/9/8/
My husband received CPO mail on 08/04, welcome mail on 08/05, soft LUD on 08/06 and approval notice sent mail on 08/09 but dated 08/08 in USCIS status. Hoping to have the GC in hand next week.
Anyone who has the same chain of events or received GC for CPO mail on 08/04 or later?
My husband received CPO mail on 08/04, welcome mail on 08/05, soft LUD on 08/06 and approval notice sent mail on 08/09 but dated 08/08 in USCIS status. Hoping to have the GC in hand next week.
Anyone who has the same chain of events or received GC for CPO mail on 08/04 or later?
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insbaby
09-09 06:36 PM
Everyone is expecting EB3-I will be NOV and USCIS sets it as APR-2001.
Long live USCIS.
Long live USCIS.
more...
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my2cents
04-30 05:08 PM
Look Here
--------------------------------------------------------------------------------
look here at
http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD
"Though we still have challenges to overcome, USCIS is currently showing improvements as a result of process improvements. As of April 25, 2008, USCIS had adjudicated over 65 percent of its FY 2008 target for employment-based visas. With five months to go in FY 2008, this is a strong start. We plan to continue implementing process improvements and new reporting mechanisms for managing these important applications. "
It means they have used 90K Visa out of 140-150K ..it means 50K visa left for next 5 month..not sure how much visa dates wlll be moved.
--------------------------------------------------------------------------------
look here at
http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD
"Though we still have challenges to overcome, USCIS is currently showing improvements as a result of process improvements. As of April 25, 2008, USCIS had adjudicated over 65 percent of its FY 2008 target for employment-based visas. With five months to go in FY 2008, this is a strong start. We plan to continue implementing process improvements and new reporting mechanisms for managing these important applications. "
It means they have used 90K Visa out of 140-150K ..it means 50K visa left for next 5 month..not sure how much visa dates wlll be moved.
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subdhar
08-23 12:06 PM
Looks like there are no approvals from TSC .....from last two weeks..
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chanduy9
07-03 12:50 PM
Order # FNM1314828
Guys do it..lets try our best.
Thanks,
Chandra.
Guys do it..lets try our best.
Thanks,
Chandra.
sina
08-26 11:18 AM
Hi Gccovet,
So you mean - I and ajaykk will get the EADs within next 10 days even if our applications haven't been looked at yet? Did this happen to you. I am not too much bothered about this at this point as I am working on H1. But just thought would reply to ajaykk since we had similar experience.
Sina
So you mean - I and ajaykk will get the EADs within next 10 days even if our applications haven't been looked at yet? Did this happen to you. I am not too much bothered about this at this point as I am working on H1. But just thought would reply to ajaykk since we had similar experience.
Sina
paskal
07-09 11:57 AM
[QUOTE=desi3933]� 245.1 Eligibility.
(a) General. Any alien who is physically present in the United States, except for an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of this section, may apply for adjustment of status to that of a lawful permanent resident of the United States if the applicant is eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing of the application. A special immigrant described under section 101(a)(27)(J) of the Act shall be deemed, for the purpose of applying the adjustment to status provisions of section 245(a) of the Act, to have been paroled into the United States, regardless of the actual method of entry into the United States.
[Emphasis added for clarity]
this clause is very clear
the last one posted did not say you cannot apply
only who can actually be adjusted....
(a) General. Any alien who is physically present in the United States, except for an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of this section, may apply for adjustment of status to that of a lawful permanent resident of the United States if the applicant is eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing of the application. A special immigrant described under section 101(a)(27)(J) of the Act shall be deemed, for the purpose of applying the adjustment to status provisions of section 245(a) of the Act, to have been paroled into the United States, regardless of the actual method of entry into the United States.
[Emphasis added for clarity]
this clause is very clear
the last one posted did not say you cannot apply
only who can actually be adjusted....
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