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  • tawlibann
    03-26 06:22 PM
    Agreed. But EAD doesn�t apply to EB based immigrants alone. There are hundreds of thousands of family based immigrants who use EAD until their status gets adjusted and I-140/AC21/180 days etc. are not applicable to them. Same applies to the spouses of EB applicants. In such cases it�s a waste of time/money for the company to consult with the legal department.

    I believe it�s the responsibility of the EAD holder to communicate what he expects from the new employer (like AC21) after which the company could decide whether to go with the legal department or not. Just assuming that all EAD cases fall under I-140/AC21/180 days etc. is plain ignorance.

    Even if the EAD falls under I-140/AC21, you don't necessarily have to invoke portability. It is none of their business under what category the EAD is. I can have an EAD from I-140/I-485 filing, and then use it to work for five years at one employer, and then switch to a third employer to port the I-485. If the GC process is going to take 10 years, why should I want to invoke AC21 every time I switch a job? I would do this only at the last job I take, when my PD becomes current.





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  • siddhu98
    11-07 03:28 PM
    I will send out the documents tomorrow. Can you forward the docs to my email id
    Thanks.





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  • needhelp!
    01-13 12:48 AM
    Kudos! Thanks for the extra effort. No pain no gain.

    I sent the letters too, both to the President and Immigration Voice. But I didn't use the IV template. Wrote a 2 page letter starting from scratch using my own thoughts. I also attached a copy of my MS degree from the US and also mentioned that I am a IV member and mentioned all the major objectives of the Administrative fixes campaign.





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  • sammyb
    02-25 03:49 PM
    And called the DOS customer help line to check if my H1B info is there in the PIMS system... what the lady told me is unless I submit my application at the US consulate abroad they can�t check the status .. Let me know if others have different experience...

    This whole PIMS thing becoming a pain for people like us :mad: ... wish they did import all the petition info first before releasing this system to all the US missions abroad...

    Veeru123,
    What number did you call DOS at? I am also going to India and want to make sure my info is there in PIMS database.

    Thanks in advance.



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  • needhelp!
    01-08 11:29 AM
    Will do this from my side today, and will contact my representative over next couple of days.





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  • sunty
    09-23 09:51 PM
    Maybe FOIA request by IV was one of the main causes for this data to be posted on the USCIS website. USCIS thought that since the cat is out of the bag anyways, why not make the data public as part of the redesign effort of the USCIS website.

    If the data provided to IV on the Donor forum matches with that of the USCIS site, there might be some other details in the IV report that can give us a better picture.



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  • DesiGuy
    09-09 03:42 PM
    guys, i am now in UK and it's night time but trying to call as many as possible.

    also asked friends & family (in US) to start calling.

    can someone PLEASE start a email campaign (Yes, a chain letter) to at least the DESI community.

    This is a great chance for a BIG step forward and many of you have worked VERY hard (which has motivated me also, else i had lost hope).

    God bless!!!


    forgot to mention reasoning ---> not everyone checks (or is able to) website every day but they do check email...and we do not have much time left.





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  • syzygy
    07-10 09:58 AM
    Like recycled labor

    YEP courtesy of a thousand screwed immigrants;)

    You know what lets donate blood, kidneys, brains, hair, other miscallaneous body fluids as well. Lets keep on giving and giving until they get the message that "hey these people cant give any more. Lets kick them out and get a fresh new batch of idiots".



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  • arunmohan
    04-22 02:03 AM
    I agree with Saralayar. Could someone please take an initiative to draft a letter?

    Once letter is drafted, I believe that lots of people will send it to President.





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  • logiclife
    06-15 01:52 PM
    I have a question regarding this whole idea of filing on your own:
    Whats the reason for doing this? Is it because:
    1. Attorneys will be busy during this time
    2. Employer will not file 485
    3. Bad Experience with Attorneys
    4. Anything else please explain

    If 2, whats the guarantee that he will not cancel your LC/140 once he knows that you are filing on your own?

    Sorry about bringing this up. My employer is ready to file 485 but not EAD and AP. He says if we don't renew our EADs on time then we will be out of status and hez seen lot of such cases. Can I file EAD and AP on my own and let my employer file 485?

    Thank you all for the patience!!!

    For me, its 1 and 3. I am sick of my company's lawfirm. They are slow and they always end up filing things late. I almost lost my driver's licence renewal in April due to their procrastination and slowness in apply for H1 extension. If they do the same thing in this, then dates can retrogress and window of opportunity closes.

    Besides, I somehow feel that errors on forms are more likely when paralegals do your paperwork rather than you doing your paperwork.

    I am planning to keep a backup of all paperwork to file on my own if the lawfirm fails to file it by the 7th or 8th July. I will fire them and tell them to back off and do this on my own. I think that if they cant burn the midnight oil and work overtime during such critical times, then they deserve to lose business and we deserve to take care of our problems.



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  • caliguy
    10-26 04:01 PM
    Thanks @ fatjoe

    Yeah, I know what you mean. But if one has waited for so long (13 years in my case), you want to see it in writing before you believe anything.

    Yes, I will call TSC again in a couple hours.

    Thanks for all the info and for all the support you have provided. Good luck to you, hopefully your spouses case will get approved soon too.

    Alright, Congrats Caliguy!!!
    I guess the emails and updates are sent by some kind of batch processing system. I got the email at 5:15 am, do you think that uscis guys would work that early...., duh....
    So cool down, you will get email soon.
    If you are doubtful, call uscis one more time, and confirm that your case is approved.





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  • ysnraju
    06-20 11:51 PM
    Yes!! You can work now it self. It is legal under some circumstances please see Murthy website with AC21 FAQ :http://www.murthy.com/news/UDac21qa.html

    Question 2 : I lost my job before the 180-day period. Can I still use portability? TOP

    Quite possibly, provided the I-485 remains in pending (unadjudicated) status for at least 180 days. It is the I-485 processing time that is important, not when the beneficiary changes positions. This is because the "green card" (GC) is based upon a future job offer. The person is not required to have worked for the GC-sponsoring employer prior to filing or obtaining the GC. Accordingly, it appears the AC21 law did not intend to change the prior law, which only requires a future job offer with respect to the GC sponsorship in employment-based cases. Please refer to the disclaimer at the end of this page, since, at the time of this writing, the regulations have not been published.



    Question 3 : I never worked for my sponsoring employer. It was a future job offer. Can I use AC21 portability? TOP

    Yes, under the same circumstances as Question 2.



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  • sunny1000
    06-29 08:20 PM
    here is my theory.

    DOS and USCIS played a tactical move by making all the visa numbers current in anticipation of the CIR bill so that the legals wont complain to the senators about retrogression.

    Once the CIR went down the drain, they are panicking about the outcome of their tactical error and trying to undo that move.

    Again, just my theory...:confused:





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  • qasleuth
    09-23 09:02 PM
    Trying to wrap my head around 245i cases. All primary applicants you were physically present in the US on Dec 21, 2000 were eligible to file 485 before April 2001 (with approved labor + approvable 140). Spouses and children of those primary applicants who were not in the country have to apply using CP. So the data provided by USCIS does not contain all those CP applicants. BUT as the dates were current till 2004, USCIS/DOS HAD to know the exact number per country as consulates have to report CP applicant numbers. The only possibility for the discrepancy you mention is that USCIS horribly screwed up and we may have hundreds of CP applicants who are derivatives of 245i. Conspiracy theory ?? LOL. Man, we have to just laugh at our plight.

    No racism intended here but historically speaking number of immigrants from Mexico/Caribbean/China probably had more numbers in 245i than India. So, you question remains interesting inspite of the CP applicants possibility I mention above.

    Something is screwed up.....

    Mexico has over 2000 cases in April 2001 yet its PD is May 1st 2001
    India has less 500 cases in April 2001 yet its PD is Apr 15 2001
    This along with CIS giving "bad/incorrect" data to IV is indication of someone's malicious intentions.

    I appreciate IV's effort in getting FOIA executed and now working on aftermath of it.

    For people who are angered with whats been going on in last couple of days. All I can say is to try volunteering for IV even for a month.



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  • lvinaykumar
    09-10 03:02 PM
    Called few on the list and will be calling few more after a hour





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  • pop
    01-20 08:40 AM
    Because you still need a visa to enter the USA (though you have an H-1B approval) and application for the visa abroad is not always easy.



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  • pat123
    09-20 03:28 PM
    NSC
    RD: 7/20/2007
    ND: 9/19/2007

    So our NDs are very close to each other (9/17,18,19), perhaps it is pre-adjudication that is going on? Are y'all NSC as well?

    I am not sure what is happening. When I went to USCIS during Infopass, the officer at the time told me that my case will be looked upon when the notice date comes up.
    MY priority date is april25 2006 and the notice date was 09/18/2007. I didn't believe him. Even I raised the question in one of the forums and other guys shot me down saying the notice date is not important. But now I got an LUD on 09/19/2007 and that was the reason why I raised this question to you as well as HIINVIN66. I am assuming that the applications are looked upon based on the notice dates. If they under EB2, pre adjudcated and visa numbers availaible, MAY BE MAYBE we get green cards. IF not, We have to keep our fingers crossed. Let see what happens.....





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  • sparuthi
    09-13 02:32 PM
    We got our GC cards on Friday.

    It seems that USCIS is processing cases which have been pre-adjudicated very fast.

    Good luck to all who have been waiting... there is definately light at the end of the tunnel

    cheers





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  • shahuja
    01-31 04:26 AM
    I had my interview on Jan 14th for H1B extension..same company after 3 years..fortune 100 company..VO said approved..but i have not received my pp yet. Its the 18th day and in weeks this is the 3rd one.
    My brother also works for the same company same mgr..he also went on the same day for his stamping. His F1-H1. his VO was different..he got his pp after one week.

    Have there been people waiting more than three weeks ?? what is the worst wait time for someone here on the forum ??

    I have already postponed my flight twice..since i have to take my dad along..i have also postponed his flight twice..this was a family emergency travel and not a vacation..still its so painfull..and like everyday there is a wait..





    GCBy3000
    06-18 02:44 PM
    When you started the process, you might have authorized your attoreny to represent you. I am not sure what the form you signed, but it should be similar to G28. Revoke this authrorization in writing with anothor from( Dunno what itis called)

    Otherwise, he could revoke your 140 or labor etc as he represents on your behalf. I read this somewhere.

    I doubt that the lawyer would purposely hurt a former client. Its not just unethical, its really malpractice. And its not like lawyers done get fired and they cant handle getting fired.

    However, please do make sure that you have all documents that you need to do your own 485 filing. If there are some documents like 140 approval or other stuff that only he has, then you will have to get it out of him, which he just might delay (a little) in case if he is an absolute nut job.

    For me, I dont care what the lawyer thinks of immigrants as long as the job is done in a TIMELY manner without mistakes. If he hates immigrants and votes for Jeff Sessions, I dont care about it. All I want is TIMELINESS and ERROR FREE job. After that, he can hate anyone he wants and stick pins in voodoo dolls of immigrants.





    royus77
    06-29 04:43 PM
    Wait for the Updates from USICS today/monday morning...If they didnt give any statement considering a lot of rumors/activity , defintely some bad news is in store ......



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