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  • plassey
    08-22 05:48 PM
    He has just one option, get the laws changed. Not beating the dead man but folks should understand the importance of IV activities.
    Look at the state of affair of Tri State, thousands of people like these but only 25 so far signed up for DC rally. Not enough to fill even one bus WHAT A SHAME!
    Give the guy a break...he's just asking around as to what his options are... besides, one can't 'GUARANTEE' for how long a period of time one would have to wait as far as priority dates are concerned. The July Fiasco confirmed that, if anything...I agree that the rally is very important in making further strides, however there's no reason to be so harsh...

    abhidos37, unfortunately since your application was received when your priority date wasn't current, you're going to have to wait until your priority date becomes current again.

    Good luck!

    Wake up! Oct numbers are already out by AILA, it is stuck in 01. You got only one option , which is IV

    Mine is EB3 from India. I still hope the next years numbers could be coming out on Oct.

    Thats what IV is trying to do. Sitting in your holes will not achieve anything. Speak up
    You don't have to be so nasty. I thought everyone on here is supposed to support one another for the cause?

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  • WeShallOvercome
    09-10 11:46 AM
    This is what I got from 4 separate lawyers when I was invoking AC-21. I think everybody should speak to a lawyer before invoking AC-21.

    A lot of people out there think that after getting EAD one can invoke AC-21 to change to any job at any employer. This is not true. AC-21 is pretty complicated and I think that in the future, if there is no change in the law, a lot of 485 applications will be pending for 6-8 years or more. And for the duration of this period, a lot of people will invoke AC-21. I also think that the rate for rejection for number of AC-21 cases at USCIS will be higher. Nobody told me about the approximate wait time and rejection rate. It is just what I think based upon the developing situation.


    Is there any basis your thoughts are coming from? And what is the 'deveoping situation' you mentioned that would lead to an increased rate of rejection for AC21 cases.
    I personally don't see anything like that provided you have completed 6 months AND your new job description is similar to the old one.
    An increase in number of people invoking it should actually make AC21 a common and very popular choice and that should lead to low rate of denials as more and more officers will now be aware of the law ---(Again assuming you keep those 2 conditions in mind)

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  • mrajatish
    12-28 10:02 PM
    Per AC 21, it is soft quota - if you think about it, it is pretty simple.

    In EB1, every country has 7% quota. Anything unused in EB1 ROW first goes to EB1 India and China. After that, the remaining number (say 4000) should flow to EB2. In EB2, every country has same 7% quota. Let us say 2000 is left unused. So, in all, 6000 extra visas should flow to anyone in EB2 category based on Pri dates.

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  • nag2007
    10-11 05:07 PM
    Rest assured we are working to remove the root cause of visa retrogression.

    On a separate note, how can you start a thread demanding something from "IV" when you and few other people on this thread, stuck in backlog after 17th August, say that they don't want to volunteer for IV. Please explain why do you expect us to do all the work for you? If you aren't serious then please stop lamenting about your plight.

    Join your state chapter and get involved, your active participation is what will strengthen IV and enable us to fix this issue.

    I have sent a mail to the moderator of my region group to include my name and will particpate actively.


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  • immigrant-in-law
    01-28 12:30 PM
    seriously? you working in some gas station too? what other advantages have you taken of the system?

    Sad to see students being punished like this. They are just taking advantage of the system and make some money, but not doing anything illegal. That's what we are all here for right? Make some money. If enrolling for F1 and working somewhere else is against rules, then why did USCIS issue F1 and CPT to the students.

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  • pmpforgc
    07-13 09:28 PM
    Congratulations Dinesh Sharma. I had Sch A II - that got retrogressed -- and now job loss, so I am stuck. But I am happy for you. All the best.

    Mr. Sharma Congratulation on your end of your long and fruitful journey.

    Bluekayal Sorry to hear that you are still stuck in this mess. I am still in the university this is my second job change after GC. Hope your job and GC situation change to positive soon.


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  • bujjigadu123
    02-21 01:34 AM
    That is what surprising to me. I searched for similar experience in all the forums but could not get any matching results. This is what bothering me. Why me (only)???

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  • lazycis
    12-18 02:41 PM
    Sorry to hear about your situation. You should've taken unpaid leave for two weeks instead of a lay off. Now you definitely should not file AC21 and hope that the USCIS will not issue RFE (rarely happens). It doesn't matter how you quit, if the USCIS finds about it, it will probably deny I-485.
    Regarding Shusterman's Q&A. I am not sure where he is coming from. The law (8 USC 1154) does not provide for lay-off exception. Wait... The USCIS memo says this:

    "Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
    Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."

    So you may not be in a bad shape after all. As for whether to file AC21 papers in your situation, I am not sure. I would not do it.


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  • kode
    02-03 10:51 AM
    i am not happy :( !!

    i could have done something better than a sad grey unpopulated castle with good shadows ..
    oh well .. i will next time :bad:

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  • arnab221
    02-11 10:10 AM
    On one hand we have VLD Rao crunching numbers like CRAY XMP and telling that EB2 will be close to current by End of the Year . On the other hand Mapadpa now says that the movement will be slow . I am a mere mortal and i am confused to the core on what to make of it ,


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  • EBX-Man
    05-11 03:57 PM
    Ahhh !!!! the junior members come out of the wood work with enthusiasm and fire. let us see how long this lasts !!!!, Only untIl the next VB I would assume

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  • onemorecame
    07-17 10:32 AM
    I cleared cookies, and refreshed my page around 100 time but everytime i am getting June one :confused:


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  • desi3933
    07-19 02:27 PM
    Desi.....someone asked you a question.....please reply in your typical red blue italic font. If you can not defend what you said, then admit that you were doing BS here. Thanks

    I have already replied to him/her.

    BTW, Are you his/her agent? Your post indicates what kind of person you are.

    Good Luck.

    Green Card holder since May 2002

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  • JunRN
    12-18 07:55 AM
    The disadvantage of not filing for AC21 is if your AoS is approved with USCIS believing that you will be working for the original petitioner after approval.

    That is the disadvantage. USCIS will not know that you intended to port to new employer by invoking AC21 and come the time your apply for Naturalization, USCIS will discover it and may suspect you of fraud.


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  • pappu
    01-31 10:34 AM

    my comments on this

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  • Jimi_Hendrix
    06-26 02:38 PM
    PD Aug 2001
    RD Jan 2005
    CSC case transfered to NSC in Feb 07
    Senator Inquiry 5 days ago yielded result that cards will be ordered in 30 days.


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  • PD2002
    04-04 01:24 PM
    I have sent the fax to the senators in CA

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  • Libra
    01-15 03:29 PM
    send letters and vote here

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  • Libra
    01-11 10:07 AM
    I sent letters to President and IV, how abt you?

    12-25 11:07 AM
    My PD is Oct 1, 2001

    05-15 11:35 AM
    I have been calling my state and other states too as I get time. I will do that for this Bill as well.

    I think this one is critical in that it will get many folks out of the picture/queue.

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