chanduv23
10-21 05:00 PM
It is tricky. The intent can be proved only by how long the employee has worked for sponsor. If he/she worked considerable period (lets say for 2-3 years in non-immigrant visa (H.L,E) before filing 485 and worked for about 1 year after filing 485) then, it is very easy for the employee to prove his/her intent to have a permanent employment relationship with sponser, if employer try to revoke 140 based on the fact that employee does not have intent. The longivity of the employment relationship with sponser is a great proof. Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.
One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.
Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
Thats exactly what I heard too, around two to three years of work with the same employer proves original intent to work.
One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.
Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
Thats exactly what I heard too, around two to three years of work with the same employer proves original intent to work.
mmanurker
09-26 11:00 AM
This is the worst DMV in NJ... You may be better off going to Jersey City, Princeton or anywhere else.
Princeton/Trenton are also worst...FYI...My DL already expired on 9th Sept.
I went to Trenton with original receipt and employer letter but still they refused to renew my license.
My attorney forgot to upgrade my H1 application to premium process and then started to defend himself by saying that he did not get any approval from my employer and at the same time he never told me that he did not get my employer authorization till Sept 11th where as I asked him to upgrade to premium sometime in last week of July'07. So from July to Sept'11th he kept making excuses one after another but never mentioned that he needs an employer authorization.Thats how these attorneys work and screw our lives....
Princeton/Trenton are also worst...FYI...My DL already expired on 9th Sept.
I went to Trenton with original receipt and employer letter but still they refused to renew my license.
My attorney forgot to upgrade my H1 application to premium process and then started to defend himself by saying that he did not get any approval from my employer and at the same time he never told me that he did not get my employer authorization till Sept 11th where as I asked him to upgrade to premium sometime in last week of July'07. So from July to Sept'11th he kept making excuses one after another but never mentioned that he needs an employer authorization.Thats how these attorneys work and screw our lives....
chintu25
07-15 05:06 PM
Contributed 10
Transaction Number 4190845
Transaction Number 4190845
om5454
01-22 12:28 AM
I was going thru your question, I am kind of in the same boat. My PD is Jan'04 in EB3. Filed 485 for self and wife in Jul'07.
Did you get answer to your question ?
Did you get answer to your question ?
more...
GCKaMaara
10-27 07:43 AM
Good job GCWonder & cnachu2.
I got few PM from senior members that they sent mails too. Please do not loose the momentum - keep sending mails.
ItIsNotFunny, thanks for reminder.
I got few PM from senior members that they sent mails too. Please do not loose the momentum - keep sending mails.
ItIsNotFunny, thanks for reminder.
ganguteli
06-11 03:39 PM
As far as I know, I am pretty aggressive in investment and I am getting @15% right now.. which too in a very unconventional ways.. by investing in forex and start ups with a risk of loosing nearly 80% of the investment in a day. when you 100K-200K and get returns like 100k.. dude that 100%-50% investment.. please let me know where can I do that.
I promise I gonna leave everything and go back with my money make investment in that and live the rest sipping feni by goa beach.
........And you have not contributed a dime yet to IV?
I promise I gonna leave everything and go back with my money make investment in that and live the rest sipping feni by goa beach.
........And you have not contributed a dime yet to IV?
more...
whiteStallion
06-25 08:45 PM
Why is loosing such a loosely used word?. Guys, it is losing not loosing. Lose and loose have different meanings.
I'm sure you meant "Loss and loose have different meaning" ! ;)
I'm sure you meant "Loss and loose have different meaning" ! ;)
vparam
09-24 03:07 PM
it has to be similar job PLUS with an established company.
from what i have gathered it seems that if USCIS issues a RFE or calls u for interview during adjucation they might ask for 2 yrs of tax filings of future employer to prove that it's an established company (although they are not suppposed to bring up 'ability to pay' issue which is already covered in approved 140 -- but being USCIS anything goes...).
i also wondered about the conflict of interest becoz it's your relative that u clearly identified in your G325 (Biographic) form -- but I guess if ppl are doing it then it's possible.
You can be self employed used that for AC 21 as per yates memo. In that case wht does it matter if you are working for your wife's company. since it allows you to work just by yoru self ( self employment == own your own company)
from what i have gathered it seems that if USCIS issues a RFE or calls u for interview during adjucation they might ask for 2 yrs of tax filings of future employer to prove that it's an established company (although they are not suppposed to bring up 'ability to pay' issue which is already covered in approved 140 -- but being USCIS anything goes...).
i also wondered about the conflict of interest becoz it's your relative that u clearly identified in your G325 (Biographic) form -- but I guess if ppl are doing it then it's possible.
You can be self employed used that for AC 21 as per yates memo. In that case wht does it matter if you are working for your wife's company. since it allows you to work just by yoru self ( self employment == own your own company)
more...
karanp25
07-11 11:36 AM
I can understand the excitement. I am also in EB2 2005 PD. But the fact is that, this seems like a temporary movement only...i don't think dates can stay at 2006, going by simple math.
PPl can give me those red marks, but i think dates will retrogress again by Oct.
PPl can give me those red marks, but i think dates will retrogress again by Oct.
desi485
11-20 09:20 PM
Typically, if someone is doing a AC21 jump + H1b transfer, it means that the h1b gets transferred to the new employer and the new employer is the h1b petitioner. If the h1b is based on an approved 140 - the beneficiary gets it for 3 years and unless the person is completing his 3 years with the new employer when the 140 revoke happens, the h1b is still valid unless the new employer decides he will cancel it or the person is layed off and thats when the person is in deep trouble because he/she does not have EAD. Correct me if I am wrong. H1b revocation by ex employer may not affect the candidate because candidate already did a transfer
I am not 100% sure but if person has not completed 6 years, he can continue till he completes 6 years. If person has already crossed 6 years limit, H1 extension or transfer does not stand valid without any underlying pending AOS. This is what RG termed as opposite to conventional internet wisdom. Also, the law requires to provide a notice to cancel EAD, but not to cancel H1B. Correct me if I am wrong!
I am not 100% sure but if person has not completed 6 years, he can continue till he completes 6 years. If person has already crossed 6 years limit, H1 extension or transfer does not stand valid without any underlying pending AOS. This is what RG termed as opposite to conventional internet wisdom. Also, the law requires to provide a notice to cancel EAD, but not to cancel H1B. Correct me if I am wrong!
more...
santb1975
05-25 02:31 PM
The amendments were on the senate side and the HR bills are from the house side. Please contact your state chapter lead (walking_dude for MI) for updates and find out what's happening. We have lot of work to do and we really need volunteers. I am unable to post any info. on this public forum which is open to the world.
so the amendmants which were linked to war bill are differant than all this HR bills.....?
so the amendmants which were linked to war bill are differant than all this HR bills.....?
PBECVictim
05-18 06:15 PM
Jumbo loans are not getting approved for EAD status. Banks are rejecting Jumbo loans (> 417K) if your immigration status is EAD or AOS. I don't have any idea about normal loans (< 417K). But banks are giving Jumbo loans if the status is H-1B.
But noone is rejecting loan, if your down payment is 20% of the value of the home.
But noone is rejecting loan, if your down payment is 20% of the value of the home.
more...
santb1975
05-24 01:44 PM
:confused:
deba
07-19 11:33 AM
Just contributed $100. Total so far $300. Will coninue to support IV.
more...
chanduv23
05-15 07:39 AM
There was a campaign on wrongful denial in AC21 , there was also letter campaign not sure what happened after that ? It was IV action item too... What was the conclusion ? should we all suffer even if it is a training issue, if they act such nice on letters , then why they act as if there is no form and if AC21 is for real aliens from a real alien world.
Bigboy - those were good enough to help us reach Ombudsman's office and the result of those campaigns was that the Ombudsman's office now have a page on their website addressing this issue. Not sure how much it is helping though but as such, if anyone is having case problems, they have to contact the Ombudsman because their office is officially supposed into case problems and am sure - they have their liason at the service centers who may monitor such decisions at an individual case level.
Not quite sure why these things are continuing to happen.
Bigboy - those were good enough to help us reach Ombudsman's office and the result of those campaigns was that the Ombudsman's office now have a page on their website addressing this issue. Not sure how much it is helping though but as such, if anyone is having case problems, they have to contact the Ombudsman because their office is officially supposed into case problems and am sure - they have their liason at the service centers who may monitor such decisions at an individual case level.
Not quite sure why these things are continuing to happen.
newuser
09-11 04:00 PM
I second that.
more...
gctest
09-15 05:23 PM
Here is the form you can fill out to express support:
http://spreadsheets.google.com/viewform?key=pfq9i31UpaJcQdUK-1PaKcg&hl=en
View the read only document here:
http://spreadsheets.google.com/ccc?key=pfq9i31UpaJcQdUK-1PaKcg&hl=en
http://spreadsheets.google.com/viewform?key=pfq9i31UpaJcQdUK-1PaKcg&hl=en
View the read only document here:
http://spreadsheets.google.com/ccc?key=pfq9i31UpaJcQdUK-1PaKcg&hl=en
pt326bc
10-01 12:26 PM
Last week I went to Trenton with H1 extension receipt (original), letter from employer, but in vain. They need approved docs. Luckily this week I got the H1 extended and today I carried the original approved H1 I-797A and got the DL extended. I got only 2 years H1/DL extension after 6 year completion with I-140 approved and 485 in progress. Fyi
Why 2 years and not 3 years when USCIS regulations allow for 3 year extension if I 140 is approved and PD is not current? Did you specifically request 2 years?
Regards.
Why 2 years and not 3 years when USCIS regulations allow for 3 year extension if I 140 is approved and PD is not current? Did you specifically request 2 years?
Regards.
jcrajput
09-11 03:49 PM
I don't understand how they calculate PD dates?
Can anyone help me here please?
Thanks
Can anyone help me here please?
Thanks
villamonte6100
04-01 02:49 PM
C�mon boy I�m not asking to make Steve miller their VP operation and use that million dollar in grants to fund that project. What I�m asking is �can you tell us how many applications you received of which chargeability and in which EB categories� and assurance that they will issue EADs and APs in less than 90 days. To ask this you don�t need citizen rights you are asking a public agency a service which they are supposed to provide and they are charging us to do that�
There is a simple answer your question.
Why don't you write a letter to USCIS and outline every question you want answered.
And Please let us know what they say.
There is a simple answer your question.
Why don't you write a letter to USCIS and outline every question you want answered.
And Please let us know what they say.
santb1975
07-15 09:47 PM
Let us see if this campaign gets participation from SoCal members who do not visit IV boards on a day to day basis
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