mammoy2k
12-28 10:38 AM
Anyone invoking AC21 with unapproved I-140?
Hello Guys,
I am planning to utilize AC21. My PD is OCT 2005, EB2 India, I-140 was approved in June 2006 and I-485 filed on 2nd July 2007.
The question I have is if my current employer can do anything, I mean anything at all, now?
Thank you.
Hello Guys,
I am planning to utilize AC21. My PD is OCT 2005, EB2 India, I-140 was approved in June 2006 and I-485 filed on 2nd July 2007.
The question I have is if my current employer can do anything, I mean anything at all, now?
Thank you.
wallpaper of themes wallpapers,
logiclife
12-13 03:29 PM
please give us the name of this company so that we can inform ICE and do our duty to stop fraud.
What he/she is doing is legal. Unless this offer involved payment for labor substituion, in which case its illegal. But good luck trying to prove it. Ever heard of wage kickbacks?
I understand your anger but NO ONE can stop this since its totally legal and if there is a financial transaction, no one will be able to prove it. My only hope is this guy/gal gets his/her employer to use his/her own lawyer instead of company lawyer so that he has control over his case. Otherwise, this guy/gal will be in more pathetic condition than everyone who goes thru 3-4 years of retrogression.
What he/she is doing is legal. Unless this offer involved payment for labor substituion, in which case its illegal. But good luck trying to prove it. Ever heard of wage kickbacks?
I understand your anger but NO ONE can stop this since its totally legal and if there is a financial transaction, no one will be able to prove it. My only hope is this guy/gal gets his/her employer to use his/her own lawyer instead of company lawyer so that he has control over his case. Otherwise, this guy/gal will be in more pathetic condition than everyone who goes thru 3-4 years of retrogression.
pappu
11-21 11:04 PM
Dude nothing will happen, this was lost and last battle.
The problem is us, yes "us". Most of us come to check whats on the website and then make sure we stay abreast with it. No one wants to work etc mile except making stupid phone calls and sending faxes.
NOTHING WILL HAPPEN Because we are DESIS
All the people who got EAD's act as if " I don't care now, I got EAD " I have spoken to few Indians and this has been their response.All these suckers are good for what? You all got EAD, congrats you sit on your bud and wait for years. We all have seen how the bulletin is working.
Illegals are better than us at least they are united and they are actively involved.
We need the IV core team and the administrator to guide some big rally's. Guys nothing will happen until we are bold about our intentions.
I noticed everyone comes up with their different ideas, but no one works to implement it. We need to stand together and do something big, when was the last time we had a big rally?
And how many people actually showed up? Desi's wants everything fast and free.
One of the reasons friends of mine from IV have left being disappointed.
Yes 2007 was a milestone for a few people, but a disaster for people like us, who had PD in 07, had July fiasco not happened we could have seen some positive movement, rather being put on a swing ------------------ go front----------------------- go back.
So all the junior and new members until you guys quantitatively plan something big and real, nothing will happen. We all have our own problems, life in America is not simple, but in order for us to accomplish something we all need to unite and do something big, the problem is lately IV thinks too much and has less of ACTION
All new members need to take a more active role in order to succeed and continue this effort for a long time for future immigrants.
I do not think having an EAD is a cause of inaction. It is more about having confidence in the effort that their effort will truly help them and everyone else like them. They can get confidence only when they get involved and get in the thick of things and see for themselves how things work. I have heard people calling USCIS every other day finding their status if they just get an LUD. People take infopass just to find out their name check status. So why can't these people make calls to lawmakers and take an appointment to meet their lawmakers.
Until some time back people were by and large afraid to even write to lawmaker offices. But when their case was stuck in namechecks, they wrote to everyone including WH. So why cant we write letters during an action item? We need to think like a community and not as an individual in need of a greencard. An individual cannot achieve anything alone but a voice of thousands can do a lot.
We should feel happy that there is an immigration voice that is a voice of this community. It is not a lawyer forum created for a lawyer's publicity or a forum managed by any business interest to make profit off this community. The aim here is to get people relief from their immigration problems and IV resources are utilized for the community. People need to adopt IV as their place to go for all immigration related discussions and data from IV tracker and visit this site more often and try to get involved. Remember that just by visiting this site frequently, you are helping this effort in some ways.
Until IV was there, people were scared to post freely about employers, lawyers, USCIS, lawmakers etc. People were not willing to come out in the open with their real names for some unknown fear. But when Immigration voice came, everyone starting gaining confidence and did not have any fear. You can see that from the kind of posts we see these days on the forums. Such posts never existed 2 years ago.
This in itself is an achievement for immigration voice and this community. We have generated so much awareness about this cause that never existed few years ago. Legal immigration was only about H1B quota. After the sucess of July I485 filings last year we were able to get the 2 year EAD rule this year due to the admin fixes campaign . So let us not measure our successes and failture with a bill. There is a lot else we have acheived in the last couple of years.
We can look forward to a lot more if we all continue to work positively and involve more people in this effort and on this website.
The problem is us, yes "us". Most of us come to check whats on the website and then make sure we stay abreast with it. No one wants to work etc mile except making stupid phone calls and sending faxes.
NOTHING WILL HAPPEN Because we are DESIS
All the people who got EAD's act as if " I don't care now, I got EAD " I have spoken to few Indians and this has been their response.All these suckers are good for what? You all got EAD, congrats you sit on your bud and wait for years. We all have seen how the bulletin is working.
Illegals are better than us at least they are united and they are actively involved.
We need the IV core team and the administrator to guide some big rally's. Guys nothing will happen until we are bold about our intentions.
I noticed everyone comes up with their different ideas, but no one works to implement it. We need to stand together and do something big, when was the last time we had a big rally?
And how many people actually showed up? Desi's wants everything fast and free.
One of the reasons friends of mine from IV have left being disappointed.
Yes 2007 was a milestone for a few people, but a disaster for people like us, who had PD in 07, had July fiasco not happened we could have seen some positive movement, rather being put on a swing ------------------ go front----------------------- go back.
So all the junior and new members until you guys quantitatively plan something big and real, nothing will happen. We all have our own problems, life in America is not simple, but in order for us to accomplish something we all need to unite and do something big, the problem is lately IV thinks too much and has less of ACTION
All new members need to take a more active role in order to succeed and continue this effort for a long time for future immigrants.
I do not think having an EAD is a cause of inaction. It is more about having confidence in the effort that their effort will truly help them and everyone else like them. They can get confidence only when they get involved and get in the thick of things and see for themselves how things work. I have heard people calling USCIS every other day finding their status if they just get an LUD. People take infopass just to find out their name check status. So why can't these people make calls to lawmakers and take an appointment to meet their lawmakers.
Until some time back people were by and large afraid to even write to lawmaker offices. But when their case was stuck in namechecks, they wrote to everyone including WH. So why cant we write letters during an action item? We need to think like a community and not as an individual in need of a greencard. An individual cannot achieve anything alone but a voice of thousands can do a lot.
We should feel happy that there is an immigration voice that is a voice of this community. It is not a lawyer forum created for a lawyer's publicity or a forum managed by any business interest to make profit off this community. The aim here is to get people relief from their immigration problems and IV resources are utilized for the community. People need to adopt IV as their place to go for all immigration related discussions and data from IV tracker and visit this site more often and try to get involved. Remember that just by visiting this site frequently, you are helping this effort in some ways.
Until IV was there, people were scared to post freely about employers, lawyers, USCIS, lawmakers etc. People were not willing to come out in the open with their real names for some unknown fear. But when Immigration voice came, everyone starting gaining confidence and did not have any fear. You can see that from the kind of posts we see these days on the forums. Such posts never existed 2 years ago.
This in itself is an achievement for immigration voice and this community. We have generated so much awareness about this cause that never existed few years ago. Legal immigration was only about H1B quota. After the sucess of July I485 filings last year we were able to get the 2 year EAD rule this year due to the admin fixes campaign . So let us not measure our successes and failture with a bill. There is a lot else we have acheived in the last couple of years.
We can look forward to a lot more if we all continue to work positively and involve more people in this effort and on this website.
2011 themes wallpapers hd
vban2007
07-02 04:21 PM
Total 5000 USD
more...
kiran_k02
08-06 11:09 PM
PD: July 2004
RD: July 03 2007
ND: Sept 13 2007
140 Approved: May 07
485 Pending: NSC
name checking: pending (got to know with Recent infopass appointment)
I got hold of IO this morning using POJ method. She said, my case has been assigned to IO.
Hello myvoice23 ---
How come your case is assigned to IO inspite of pending NC. I saw a post which said that NC should be cleared before 485 approval. They are planning to finish NC by Feb, 09; for all applicants whose NC is pending for than 6 months.
I am stuck with NC...my PD is 09/2004...
Kiran
RD: July 03 2007
ND: Sept 13 2007
140 Approved: May 07
485 Pending: NSC
name checking: pending (got to know with Recent infopass appointment)
I got hold of IO this morning using POJ method. She said, my case has been assigned to IO.
Hello myvoice23 ---
How come your case is assigned to IO inspite of pending NC. I saw a post which said that NC should be cleared before 485 approval. They are planning to finish NC by Feb, 09; for all applicants whose NC is pending for than 6 months.
I am stuck with NC...my PD is 09/2004...
Kiran
mugwump
01-05 02:52 PM
lol, i see fantasies are growing. A person may not have mother-in-law at all - why can't he marry to both: daughter and mother?
i guess the formula becomes 0<=x<=20... this is sick...
I beg to differ, he can definitely marry both, mother and daughter, but will end up with atleast one mother-in-law. the grandmother:)
so it should be more like: 1<=x<=20
hope the poor soul isnt reading all this!!!!!
i guess the formula becomes 0<=x<=20... this is sick...
I beg to differ, he can definitely marry both, mother and daughter, but will end up with atleast one mother-in-law. the grandmother:)
so it should be more like: 1<=x<=20
hope the poor soul isnt reading all this!!!!!
more...
shamu
01-10 10:12 AM
What I know about America that if you don't have money, hospitals are supposed to take care, if you have money, hospital will squeeze every penny.
Once I spent over a month trying to find solution: Could not get: for a female it seems to be mandatory having maternity insurance otherwise, after pregnancy, no one insures.
I thinks people lack information in this context, so you are not getting responses.
Thanks and I appreciate your response.
A green from me, at least I can give you this green!
Once I spent over a month trying to find solution: Could not get: for a female it seems to be mandatory having maternity insurance otherwise, after pregnancy, no one insures.
I thinks people lack information in this context, so you are not getting responses.
Thanks and I appreciate your response.
A green from me, at least I can give you this green!
2010 themes wallpapers hd
learning01
04-02 08:20 AM
Sent both faxes.
more...
Guig0
02-10 04:11 PM
cheater... i didn�t imply that ;)
hair themes wallpapers. dresses
Libra
07-02 04:48 PM
medicals : 350
attorney fee : 1235
Fedex :25
Photos : 30
Got bacterial infection from vaccination and visited urgent care 3 times and one time ER (200$) and lost 2 days pay.
Total: 1840
attorney fee : 1235
Fedex :25
Photos : 30
Got bacterial infection from vaccination and visited urgent care 3 times and one time ER (200$) and lost 2 days pay.
Total: 1840
more...
ssdtm
09-14 12:35 PM
I noticed it after I made payment via credit card.....so it was too late to make any corrections.
But I am yet to send the supporting documents to USCIS to adjudicate this application.
What should I do:
1) Send letter, explaining the correct DOB, while sending all other documents
OR
2) Wait for RFE
OR
3) Revoke this and file another
But I am yet to send the supporting documents to USCIS to adjudicate this application.
What should I do:
1) Send letter, explaining the correct DOB, while sending all other documents
OR
2) Wait for RFE
OR
3) Revoke this and file another
hot desktop themes wallpaper.
Imm_Exploited
08-24 12:26 AM
Can you vote as a GC applicant or even a permanent resident? NO
You would think you could influence the Americans to support your cause and vote accordingly in the elections. FORGET IT!! Let alone the 2nd, 3rd, 4th.......17th generation American citizens, even the recently naturalized immigrants don't give a crap about us immigrants. The media and the politicians just have a field time with the immigrants (both legal and illegal) and some ignorant and dumb Americans (who don't usually vote) who get easily carried away by the emotions played both for and against immigration.
The serious voters (this has been established by several polls) however, are quite aware that immigrants are not given relief and naturalized overnight and are obviously confident that it could take around 20 years for any immigrant to get naturalized. The issues for these serious voters are: Iraq war, economy (the dwindling housing market?), globalization, gay marriage, abortion, and imports from China.
I wish good luck for IV and all those participating at the DC rally. NO, I can't make it, I am sorry.
Ok..., but can you tell me how they are approving cses for PD EB3'2003 or Any EB3 cases daily, when EB3 is 'U', do you have answer for this.
Since ther is plenty of approval going on everyday.
They are not following any PD for the last 3-months approval, I don't believe any rule they have.Now they are already under pressure , and the pressure started already.They have to clean up.I don't think they will wait untill next year June, since Election is on Sept'2008.
-satish
----------------------------------------------
EB2/PD-Sept'2004/I-140 Approved.
I-485 - Sent July5th.
RD - ?
AD -?
Edit/Delete Message
You would think you could influence the Americans to support your cause and vote accordingly in the elections. FORGET IT!! Let alone the 2nd, 3rd, 4th.......17th generation American citizens, even the recently naturalized immigrants don't give a crap about us immigrants. The media and the politicians just have a field time with the immigrants (both legal and illegal) and some ignorant and dumb Americans (who don't usually vote) who get easily carried away by the emotions played both for and against immigration.
The serious voters (this has been established by several polls) however, are quite aware that immigrants are not given relief and naturalized overnight and are obviously confident that it could take around 20 years for any immigrant to get naturalized. The issues for these serious voters are: Iraq war, economy (the dwindling housing market?), globalization, gay marriage, abortion, and imports from China.
I wish good luck for IV and all those participating at the DC rally. NO, I can't make it, I am sorry.
Ok..., but can you tell me how they are approving cses for PD EB3'2003 or Any EB3 cases daily, when EB3 is 'U', do you have answer for this.
Since ther is plenty of approval going on everyday.
They are not following any PD for the last 3-months approval, I don't believe any rule they have.Now they are already under pressure , and the pressure started already.They have to clean up.I don't think they will wait untill next year June, since Election is on Sept'2008.
-satish
----------------------------------------------
EB2/PD-Sept'2004/I-140 Approved.
I-485 - Sent July5th.
RD - ?
AD -?
Edit/Delete Message
more...
house themes, wallpapers,
Saburi
02-12 04:56 PM
As you said I 485 filed + 180 days. So you are out of danger.
1. You can check if your I 140 was revoked using your LIN number for I 140 if you have one
2. To safely use AC21, find out your job title, job description and salary mentioned while filing your I 485
3. Your I 140 should be approved
4. then you can use AC21 with H1B transfer or with your EAD. I would advice to use AC21
5. your sponsoring H1B employer should mention the same job title and job duties as it is mentioned in EVL (employment letter) while filing your 485
6. If you have hired an attorney he would then send a AC21 letter(just a formal letter) with your new offer letter, with your 485 receipt number and 140 number (if you have).
That should take care about your AC21.
Good luck.
Thanks a lot bro
LIN # is that the Reciept Number for I 140 if yes then the online status on that says "Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Approval notice sent.
On July 26, 2006, we mailed you a notice that we have approved this I140 IMMIGRANT PETITION FOR ALIEN WORKER. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
"
but this got a soft LUD on 12/30/2007 but the message is the same as it was ever.
which is also a Answer to your Question 3.
But the only thing is my lawyer did not file any job offer letter while appling for my I 485 as i did not had any as i did mentioned we had a disagreement and the employer is not willing to give me any letter.
but my current employer is a best person to work with and he is ready to help me at any extend he will not mind doing anything which will help me getting my green card.
Please advice if this could be an issue not having the employer letter while filling the I 485.
Thanks
1. You can check if your I 140 was revoked using your LIN number for I 140 if you have one
2. To safely use AC21, find out your job title, job description and salary mentioned while filing your I 485
3. Your I 140 should be approved
4. then you can use AC21 with H1B transfer or with your EAD. I would advice to use AC21
5. your sponsoring H1B employer should mention the same job title and job duties as it is mentioned in EVL (employment letter) while filing your 485
6. If you have hired an attorney he would then send a AC21 letter(just a formal letter) with your new offer letter, with your 485 receipt number and 140 number (if you have).
That should take care about your AC21.
Good luck.
Thanks a lot bro
LIN # is that the Reciept Number for I 140 if yes then the online status on that says "Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Approval notice sent.
On July 26, 2006, we mailed you a notice that we have approved this I140 IMMIGRANT PETITION FOR ALIEN WORKER. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
"
but this got a soft LUD on 12/30/2007 but the message is the same as it was ever.
which is also a Answer to your Question 3.
But the only thing is my lawyer did not file any job offer letter while appling for my I 485 as i did not had any as i did mentioned we had a disagreement and the employer is not willing to give me any letter.
but my current employer is a best person to work with and he is ready to help me at any extend he will not mind doing anything which will help me getting my green card.
Please advice if this could be an issue not having the employer letter while filling the I 485.
Thanks
tattoo themes wallpapers hd
masala dosa
04-01 03:16 PM
Isnt no one reading this post?
only three Cos so far?
Shrey, please send me the plan for presentation .
Cheers mates
only three Cos so far?
Shrey, please send me the plan for presentation .
Cheers mates
more...
pictures tattoo themes, wallpapers and
USDream2Dust
04-08 02:38 PM
www.uscis.gov
Everything filled up including masters degree H1 quota. All in all a big lotto.
Everything filled up including masters degree H1 quota. All in all a big lotto.
dresses Nokia C6 Themes Wallpapers
logiclife
12-28 12:44 PM
There are more risks in using AC21 before 140 approval.
Read the Aytes memo of Dec 2005 regarding portability before 140 approval. There is all kinds of things that can go wrong if you port off to a new employer before 140 approval.
Other than employer withdrawing 140, the other issues are that if there is an RFE on your 140 and you have already used portability and ported off to new employer using EAD, then what would you do if that 140 doesnt get approved. Because if your H1 6 years have been used up, you are on EAD status, and your underlying 140 tied to 485 doesnt get approved, then it means you are out of status and you are out of luck. You cant even stay here to appeal the whole thing, you have to pack up and go back.
Read the Aytes memo of Dec 2005 regarding portability before 140 approval. There is all kinds of things that can go wrong if you port off to a new employer before 140 approval.
Other than employer withdrawing 140, the other issues are that if there is an RFE on your 140 and you have already used portability and ported off to new employer using EAD, then what would you do if that 140 doesnt get approved. Because if your H1 6 years have been used up, you are on EAD status, and your underlying 140 tied to 485 doesnt get approved, then it means you are out of status and you are out of luck. You cant even stay here to appeal the whole thing, you have to pack up and go back.
more...
makeup themes wallpapers hd
bestia
01-26 08:51 PM
Just as example. With my first employer in the US I signed a contract without even reading it well (stupid thing to do, btw). Later I noticed that I signed something like "any products, technology, software, documentation, etc. ever developed by [me] is property of [my employer]". I don't remember the exact wording and lazy to look it up, but it meant that anything I will ever develop will belong to my employer. I didn't hesitate to leave them and contact their direct competitor, my previous employer wrote me "cease and desist" letter threating with legal actions if I will not respond with some time frame. I showed the contract to a lawyer and asked "what should I reply?". He laughed and said - reply "I suggest you to start legal actions immediately" or better don't reply at all. He won't be so stupid to go with this to court - he will lose the case and you will sue him back and recover all expenses.
I didn't reply and never heard from them again. So, yes, illegal and unreasonable agreements are not enforceable.
Also, if you google there was precedent with some guy from India. Who had similar agreement and left the company. The company sued him and lost, appealed and lost. The guy sued back and won, the company paid $200,000+ something expenses. The case was long ago, I don't remember the link.
I didn't reply and never heard from them again. So, yes, illegal and unreasonable agreements are not enforceable.
Also, if you google there was precedent with some guy from India. Who had similar agreement and left the company. The company sued him and lost, appealed and lost. The guy sued back and won, the company paid $200,000+ something expenses. The case was long ago, I don't remember the link.
girlfriend wallpapers themes. wallpaper
mrajatish
12-14 08:40 AM
If an employer does not take advantage of employees by doing illegal things while applying for labor sub (e.g., asking for money, asking employee to sign a bond etc), it is a legitimate way to get GC. I have repeatedly said that PD transfer during labor sub should be stopped, if possible. However that has consequences too because of the stupid "labor must be pending 1 year for H1 extension" rule.
There are legitimate scenarios for a company to use labor sub when they want to hire someone in their 6th year of H1 or children of employees they have hired are going to become 21+ and need to apply for 485 before that happens. There could also be concern about H1 stamping in some countries and hence getting AP becomes important.
However, there are lots of bad apples with labor sub (read as companies taking advantage of employees) too. Overall, labor sub would not be an issue if there were adequate visa allocations for high skilled individuals.
We really need to concentrate on the bigger agenda of getting favorable laws passed. At the same time, any abuse of the system (e.g., bad apples) should be reported, if not by the employees but by their friends etc.
-Raj
There are legitimate scenarios for a company to use labor sub when they want to hire someone in their 6th year of H1 or children of employees they have hired are going to become 21+ and need to apply for 485 before that happens. There could also be concern about H1 stamping in some countries and hence getting AP becomes important.
However, there are lots of bad apples with labor sub (read as companies taking advantage of employees) too. Overall, labor sub would not be an issue if there were adequate visa allocations for high skilled individuals.
We really need to concentrate on the bigger agenda of getting favorable laws passed. At the same time, any abuse of the system (e.g., bad apples) should be reported, if not by the employees but by their friends etc.
-Raj
hairstyles themes wallpapers hd
rustamehind
08-10 10:33 AM
don't you think they will face problems in 140 if their education doesn't match that in labour... its not as easy as you told..
jumping the line part i understood. but the first part of your quote is not true...
You are right, they will face problems in 140 and they do.But you know what, thats why we have lawyers & education eval agencies , if you pay them they can make any degree or exp look like , anything else.
I know a guy who had BSC & got a sub labour , he had got many RFEs in his 140 , I don't know what happend in the end , but what I feel is, some of them can still trick the system.
jumping the line part i understood. but the first part of your quote is not true...
You are right, they will face problems in 140 and they do.But you know what, thats why we have lawyers & education eval agencies , if you pay them they can make any degree or exp look like , anything else.
I know a guy who had BSC & got a sub labour , he had got many RFEs in his 140 , I don't know what happend in the end , but what I feel is, some of them can still trick the system.
aksm78
11-16 03:17 PM
Bank of America is discriminating against non-immigrants by not leting then open self directed brokrage account. It's like going in to a store and store personal telling you that I cannot sell you gallon of milk because you are non immigrant.
eilsoe
02-03 07:45 AM
he spelled "Kingdom" wrong...
strange thing is... I uploaded the very same attachment he referred to.. so... last night it was misspelled, and today it isnt...
and he can't change an attachment.. :-\
this forum is haunted.... :x
strange thing is... I uploaded the very same attachment he referred to.. so... last night it was misspelled, and today it isnt...
and he can't change an attachment.. :-\
this forum is haunted.... :x
No comments:
Post a Comment