prince_charming
09-12 07:45 PM
This is a very common problem. They are not following their own rules when it comes to 180 day rule of I-140 revocation. And I have heard AC21 letter almost never reaches your file. But because you have filed AC21 , you are in good shape. You have all the proof that you did send the AC21 letter and I-140 was revoked after 180 days.
So you will be able to open this case using MTR. Do not worry , you just need good lawyer to represent you.
Thanks buddy.
So you will be able to open this case using MTR. Do not worry , you just need good lawyer to represent you.
Thanks buddy.
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prince40
04-16 05:32 PM
Get a desi lawyer, get a desi employer....life is beautiful !
and get underpaid?
and get underpaid?
bitu72
01-14 08:48 PM
while your I485 was in denied status did you work, did u have a backup H1.
I am curious to know if we need to stop working as soon as 485 is denied and wait till MTR goes thru.
I am curious to know if we need to stop working as soon as 485 is denied and wait till MTR goes thru.
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gceverywhere
09-26 09:09 AM
How do I create a new thread?
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gc_dedo
09-09 07:25 PM
Bump
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chanduv23
09-12 11:28 PM
Prince charming - I invoked AC21 sometime back after 180 days of filing 485 and moved to a new job on EAD.
My ex employer revoked 140. At this point of time I did a lot of research and found out the following things
(1) AC21 letter never reaches your file - there is no system in place for AC21 letter. G 28 gets into the system because there is a process in place for G 28
AC21 is a law that allows you to change jobs but there is no system in place.
(2) AC21 letter must be provided upon request - different officers want differtent information so they generally issue a NOID and ask you to submit evidence in 30 days. USCIS in some cases sends out straight denials. The denial letter generally has information to file MTR within 30 days if the case needs to be reopened due to USCIS error.
In August when my case was being processed, they sent me a NOID but sent my wife Fp notice - I called customer service and was advised that she can go for FP as usual but I have to respond to NOID before they move forward with my case and I promptly responded with AC21 and my case status changed to "Case reopened, response received" and there were soft LUDs hitting my 485.
Keep all documentation ready and be proactive, you can hire a good lawyer from MTR, remember that when you file for MTR, you cannot work - so before you inform your employer, get a letter from them and then inform them - in case employers will be reluctant to give any documentation if they know you cannot work for sometime. If you are on h1b you dont have to worry.
MTR approvals can take 3 to 5 weeks or more too.
if not on h1b you start accruing unlawful status and usually lawyers suggest that you stay till less than 180 days when your MTR is filed - it never takes 180 days for a decision on MTR so dont worry about unlawful status.
These are hidden risks in AC21 but good news is that AC21 cases have always been successful.
You may have to go through this period of uncertainity.
Good luck.
My ex employer revoked 140. At this point of time I did a lot of research and found out the following things
(1) AC21 letter never reaches your file - there is no system in place for AC21 letter. G 28 gets into the system because there is a process in place for G 28
AC21 is a law that allows you to change jobs but there is no system in place.
(2) AC21 letter must be provided upon request - different officers want differtent information so they generally issue a NOID and ask you to submit evidence in 30 days. USCIS in some cases sends out straight denials. The denial letter generally has information to file MTR within 30 days if the case needs to be reopened due to USCIS error.
In August when my case was being processed, they sent me a NOID but sent my wife Fp notice - I called customer service and was advised that she can go for FP as usual but I have to respond to NOID before they move forward with my case and I promptly responded with AC21 and my case status changed to "Case reopened, response received" and there were soft LUDs hitting my 485.
Keep all documentation ready and be proactive, you can hire a good lawyer from MTR, remember that when you file for MTR, you cannot work - so before you inform your employer, get a letter from them and then inform them - in case employers will be reluctant to give any documentation if they know you cannot work for sometime. If you are on h1b you dont have to worry.
MTR approvals can take 3 to 5 weeks or more too.
if not on h1b you start accruing unlawful status and usually lawyers suggest that you stay till less than 180 days when your MTR is filed - it never takes 180 days for a decision on MTR so dont worry about unlawful status.
These are hidden risks in AC21 but good news is that AC21 cases have always been successful.
You may have to go through this period of uncertainity.
Good luck.
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mygc2006
04-10 09:28 AM
Hi All,
I have been laid off today. Please help me with any resources you might have to find a job on H1B. Will send my resume if you ask for.
Will appreciate anything.
-----------------------
PD Mar 2003.
Labor approved and I-140 cleared.
Hello Optimist,
I just sent a PM to you. Please reply and I will try my level best to look out some openings for you . Good luck to you in advance :)
Thanks
I have been laid off today. Please help me with any resources you might have to find a job on H1B. Will send my resume if you ask for.
Will appreciate anything.
-----------------------
PD Mar 2003.
Labor approved and I-140 cleared.
Hello Optimist,
I just sent a PM to you. Please reply and I will try my level best to look out some openings for you . Good luck to you in advance :)
Thanks
more...
Caliber
04-10 04:09 PM
Sanjus is comparing apples to oranges. ie, comparing IV to Comcast?
Reddog: We discussed enough on this Donor and Freeluncher's. You decided not to pay. Why still keep arguing about it?
Why not you provide free lunch to your neighbor's every day? Over a period of time, those neighbor's will think it is their right to get Free lunch from you.
If you are a student and not earning, you have every right to request for free access. You claim to be Highly educated and earning and you still want free ride?
Reddog: We discussed enough on this Donor and Freeluncher's. You decided not to pay. Why still keep arguing about it?
Why not you provide free lunch to your neighbor's every day? Over a period of time, those neighbor's will think it is their right to get Free lunch from you.
If you are a student and not earning, you have every right to request for free access. You claim to be Highly educated and earning and you still want free ride?
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mirage
03-05 12:26 PM
In my opinion Let's contribute $100 each pay them and get this information. I'm sure there'll be 50 people who would want this information for $100....Atleast I'm sick of seeing Visa Dates predictions and seeing Visa bulletins itself. Atleast we'll know what we are dealing with.
more...
rennieallen
09-29 06:36 PM
then why are visas about to be wasted yet again this year?
after...they said all numbers were exhausted on July 2?
Because of NC what else?
i think it's not quite that simple.
there is no doubt that lack of numbers is a key key issue. but letting uscis off the hook when they have failed to process 269,000 Green Card numbers since 1994 is not kosher. that is >20% of the backlog right there.
Sigh... it's never simple...
That said, NC can account for nearly all of the wastage. Think about it, let's say the processing time is 120 days (well within target, and not at all bad for a government agency).
OK; recall that you can't apply until your PD is current (read this sentence again, this is a critical element of the problem).
Application #1 (made in first half of year, visa tentatively assigned from current allotment year) -> PD current, goes into NC.
Application #2 (can't be made in first half of year, because PD is not current, visa is not "tentatively" assigned from current allotment year, since it isn't expected to complete within the allotment year) -> PD becomes current in July, NC happens quickly.
Application #2 takes 120 days to process (better than target), but that means that (as expected) it isn't ready to be assigned a visa until after the next allotment year (so far so good, USCIS has accounted for this, and doesn't expect it to consume a visa from the current allotment year).
So application #1 couldn't consume a visa because of NC, and application #2 fell into the normal processing time, but this pushed it into the next allotment year (again, this is expected).
Early in the next allotment year Application #2 is approved, and consumes one visa from the next allotment year.
Application #1 is where the actual wastage occurs, since it is expected that an application filed in the first half of the current allotment year will consume it's visa within the year (and given USCIS processing time it would have, but it was stuck in NC).
So at any time, the USCIS is processing applications within their target processing times, but because of the fact that you can't file until your PD is current, the applications that would have been able to have consumed the visas that were not consumed due to NC delays, couldn't because their "normal" processing time put them into the next allotment period.
So why not let people apply before their PD is current then?
The reason USCIS doesn't let you apply before the PD is current is because there aren't enough visas and they would currently have ~3M applications in process, many of which would be abandoned prior to approval (due to the long delays, caused by lack of visas).
So, because of the insufficient numbers of visas, USCIS has determined that it is more efficient to restrict application until the PD is current; thus insuring that most of the applications that are going to be abandoned, are abandoned before they are filed (therefore reducing load on the USCIS). This seems like quite a logical decision given the constraints.
I am willing to bet, that the net result is that the USCIS can actually approve more 485's in an allotment year by wasting some of them at the end of the year (which occurs primarily as a result of the fact that USCIS can neither predict, nor influence NC duration), rather than dealing with the huge inefficiencies of having millions of applications on file (which would, however, insure that there were sufficient processed applications to consume all visas).
If either NC were predictable (and quick) or there were sufficient visas in each allotment period to meet demand, then there would be no wastage. You can beat on USCIS all you want, but they simply cannot control either of these factors...
Like I said... it is never simple...
Now, this thought is hardly original (I think that everyone who has looked at this problem comes to the same conclusion), but I think the most practical solution that we (as customers of the system) can suggest, that will provide partial relief (and has some chance of happening in our lifetimes); is to get congress to pass an amendment for automatic reclamation of visas from prior allotment periods. This would mitigate the problem of visa wastage, as this will allow a substantial portion of what would have been wasted visas, to be consumed by the applications who's PD became current in the second half of the allotment year, but could not be processed (due to normal processing time) prior to the end of the allotment year. Perhaps this reclamation could be restricted to applications filed in the allotment period from which the visas are being reclaimed (if this somehow made it more palatable to congress).
Of course, this does nothing to solve the problem for those individuals stuck in NC who are effectively "donating" their visa to individuals who aren't stuck in NC. Perhaps they will feel better (I seriously doubt it though) knowing that the visa that they didn't get this year, was not wasted...
my straightforward NIW application based on national interest service not exceptional ability (which may be more subjective) will take almost a year to process. wow....!
In Canada this would be expected to take 8 months to process. Like I said, the USCIS is quick relative to other bureaucracies...
uscis also takes the narrowest interpretations of any law- even when it clearly conflicts with the law's intent- then it takes a lawsuit to budge them- speaking from personal experience and the loss of 4 years in PD in an India line...believe me this is not an agency i feel like defending.
just my 2c.
I am certainly not asking you to defend them.
This isn't about defending or attacking USCIS, it is about determining the root cause of the problem, and doing that requires an emotionless analysis of the facts.
I have had IO's who were complete dorks (refused to admit me with a perfectly valid visa), but really, what impact does one dork IO have on the big picture? Absolutely nothing I suspect (and to be fair, the vast majority of IO's that I have dealt with have been very decent human beings).
after...they said all numbers were exhausted on July 2?
Because of NC what else?
i think it's not quite that simple.
there is no doubt that lack of numbers is a key key issue. but letting uscis off the hook when they have failed to process 269,000 Green Card numbers since 1994 is not kosher. that is >20% of the backlog right there.
Sigh... it's never simple...
That said, NC can account for nearly all of the wastage. Think about it, let's say the processing time is 120 days (well within target, and not at all bad for a government agency).
OK; recall that you can't apply until your PD is current (read this sentence again, this is a critical element of the problem).
Application #1 (made in first half of year, visa tentatively assigned from current allotment year) -> PD current, goes into NC.
Application #2 (can't be made in first half of year, because PD is not current, visa is not "tentatively" assigned from current allotment year, since it isn't expected to complete within the allotment year) -> PD becomes current in July, NC happens quickly.
Application #2 takes 120 days to process (better than target), but that means that (as expected) it isn't ready to be assigned a visa until after the next allotment year (so far so good, USCIS has accounted for this, and doesn't expect it to consume a visa from the current allotment year).
So application #1 couldn't consume a visa because of NC, and application #2 fell into the normal processing time, but this pushed it into the next allotment year (again, this is expected).
Early in the next allotment year Application #2 is approved, and consumes one visa from the next allotment year.
Application #1 is where the actual wastage occurs, since it is expected that an application filed in the first half of the current allotment year will consume it's visa within the year (and given USCIS processing time it would have, but it was stuck in NC).
So at any time, the USCIS is processing applications within their target processing times, but because of the fact that you can't file until your PD is current, the applications that would have been able to have consumed the visas that were not consumed due to NC delays, couldn't because their "normal" processing time put them into the next allotment period.
So why not let people apply before their PD is current then?
The reason USCIS doesn't let you apply before the PD is current is because there aren't enough visas and they would currently have ~3M applications in process, many of which would be abandoned prior to approval (due to the long delays, caused by lack of visas).
So, because of the insufficient numbers of visas, USCIS has determined that it is more efficient to restrict application until the PD is current; thus insuring that most of the applications that are going to be abandoned, are abandoned before they are filed (therefore reducing load on the USCIS). This seems like quite a logical decision given the constraints.
I am willing to bet, that the net result is that the USCIS can actually approve more 485's in an allotment year by wasting some of them at the end of the year (which occurs primarily as a result of the fact that USCIS can neither predict, nor influence NC duration), rather than dealing with the huge inefficiencies of having millions of applications on file (which would, however, insure that there were sufficient processed applications to consume all visas).
If either NC were predictable (and quick) or there were sufficient visas in each allotment period to meet demand, then there would be no wastage. You can beat on USCIS all you want, but they simply cannot control either of these factors...
Like I said... it is never simple...
Now, this thought is hardly original (I think that everyone who has looked at this problem comes to the same conclusion), but I think the most practical solution that we (as customers of the system) can suggest, that will provide partial relief (and has some chance of happening in our lifetimes); is to get congress to pass an amendment for automatic reclamation of visas from prior allotment periods. This would mitigate the problem of visa wastage, as this will allow a substantial portion of what would have been wasted visas, to be consumed by the applications who's PD became current in the second half of the allotment year, but could not be processed (due to normal processing time) prior to the end of the allotment year. Perhaps this reclamation could be restricted to applications filed in the allotment period from which the visas are being reclaimed (if this somehow made it more palatable to congress).
Of course, this does nothing to solve the problem for those individuals stuck in NC who are effectively "donating" their visa to individuals who aren't stuck in NC. Perhaps they will feel better (I seriously doubt it though) knowing that the visa that they didn't get this year, was not wasted...
my straightforward NIW application based on national interest service not exceptional ability (which may be more subjective) will take almost a year to process. wow....!
In Canada this would be expected to take 8 months to process. Like I said, the USCIS is quick relative to other bureaucracies...
uscis also takes the narrowest interpretations of any law- even when it clearly conflicts with the law's intent- then it takes a lawsuit to budge them- speaking from personal experience and the loss of 4 years in PD in an India line...believe me this is not an agency i feel like defending.
just my 2c.
I am certainly not asking you to defend them.
This isn't about defending or attacking USCIS, it is about determining the root cause of the problem, and doing that requires an emotionless analysis of the facts.
I have had IO's who were complete dorks (refused to admit me with a perfectly valid visa), but really, what impact does one dork IO have on the big picture? Absolutely nothing I suspect (and to be fair, the vast majority of IO's that I have dealt with have been very decent human beings).
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trueguy
07-17 02:42 PM
EB2 is the only hope for all EB3-I folks bcoz EB3-I is last in the chain to get any spillover so you should not have any hopes in next 5 years.
Dates will move one month per year for EB3-I in next 5 years unless a miracle happens.
Dates will move one month per year for EB3-I in next 5 years unless a miracle happens.
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hara_patta_for_rico
07-05 11:10 AM
Just called USCIS and told her that My application was mailed on Jun 28th and it got delivered on July 02. I also told her that my PD is May 2003 (hence i'm eligible to file in June)..
She told me that since i mailed it in June and this Notice goes into effect in July 02 my application WILL NOT be rejected... She asked me to wait for receipt notice :)
GOING CRAZZZZZZZZZZZYYYYYYYYYYYYYYYYY
I dont know what all these exchanges with CS Reps is doing for others......but it is making me laugh like crazy....bet they dont have a clue about why our ass is on fire since Monday July2nd (early fireworks from USCIS for our benefit ...huh?)
She told me that since i mailed it in June and this Notice goes into effect in July 02 my application WILL NOT be rejected... She asked me to wait for receipt notice :)
GOING CRAZZZZZZZZZZZYYYYYYYYYYYYYYYYY
I dont know what all these exchanges with CS Reps is doing for others......but it is making me laugh like crazy....bet they dont have a clue about why our ass is on fire since Monday July2nd (early fireworks from USCIS for our benefit ...huh?)
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priya23
07-23 04:33 PM
anybody with any experiences with barst & mukamal in NY
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gsc999
02-08 10:41 PM
If your statement has been endorsed by the core that they want a million number then forget about this effort.I am feeling sad that i was part of this effort.I am not going to be part anymore unless i see some direct addressals from core to do it hence forth.I wish your million signature drive doesnt drive away many more like me.
C'mon bestin, where is your sense of humor. Digital is part of the highly motivated Northern California posse ;)
C'mon bestin, where is your sense of humor. Digital is part of the highly motivated Northern California posse ;)
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reddymjm
01-13 01:24 PM
Its not a surprise. Every one expected this. Alteast me.
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golgappa
08-20 09:04 PM
Listen my friend I had a similar experience...
The phone receptionist in DC very rude, she behaves like indian babu's, she is very arrogant..
Long story short....
Embassy of India - Washington DC (http://www.indianembassy.org/newsite/RTI.asp)
go to the above link, send them the letter with 10 Rs (20 cents) money order, explain your issue, explain the behavior of receptionist, and ask them why it happened like that..they will have to call you..that is the law..
I did the same thing...
UNLESS WE REPORT THEY WILL NOT CHANGE
The phone receptionist in DC very rude, she behaves like indian babu's, she is very arrogant..
Long story short....
Embassy of India - Washington DC (http://www.indianembassy.org/newsite/RTI.asp)
go to the above link, send them the letter with 10 Rs (20 cents) money order, explain your issue, explain the behavior of receptionist, and ask them why it happened like that..they will have to call you..that is the law..
I did the same thing...
UNLESS WE REPORT THEY WILL NOT CHANGE
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vina92
11-08 01:28 PM
I do not understand what Ombudsman is trying to imply. Are you happy or unhappy about Dems taking up the house? We don't know what they''ll do but I definitely feel hopeful about it. Infact it was the dreaded house where everything stopped in the past. Two times in the past senate okayed bills with legal immigration and were voted down by members of ultra conservative right wing Republicans. I am sure anything will be better than the old house.
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reddymjm
04-28 10:59 AM
Any one counting
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tabletpc
09-12 11:18 AM
Don't forget they are politicians. Before getting elected they will make 100 promises. After getting elected they don't even rememeber even a single promise.:D:D:D.
Whether its INDIA or US, politicians have same Gene.:D:D
Just reporting what I saw on CNN. During the Sen. McCain interview with Judy Judy Woodruff & Richard Stengel, Richard asked something like - what about the green cards for the highly skilled immigrants educated by American Universities. To this Sen. McCain replied implying - they should be given green cards sooner, I am not sure if they could be given automatic green cards but the process should be faster.....
He said it not exactly in these words but implying something to that effect. They were suppose to ask Sen. Obama the exact same questions. Did anyone see Sen. Obama's answer to the question about green card for high skilled immigrants from Richard Stengel? Just curious....
Whether its INDIA or US, politicians have same Gene.:D:D
Just reporting what I saw on CNN. During the Sen. McCain interview with Judy Judy Woodruff & Richard Stengel, Richard asked something like - what about the green cards for the highly skilled immigrants educated by American Universities. To this Sen. McCain replied implying - they should be given green cards sooner, I am not sure if they could be given automatic green cards but the process should be faster.....
He said it not exactly in these words but implying something to that effect. They were suppose to ask Sen. Obama the exact same questions. Did anyone see Sen. Obama's answer to the question about green card for high skilled immigrants from Richard Stengel? Just curious....
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