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  • anukcs
    09-30 03:13 PM
    I'm currently on my 4th EAD & AP, and I used AC21 twice so far to switch jobs (similar job descriptions, including the specific technologies I worked on). On both occasions, I have not informed USCIS. My attorney said one is not legally required to do so, and that we could respond if there is any RFE.

    But I also know that there are lot of attorneys out there who recommend informing USCIS about the job change. I don't personally know of anyone who have used AC21 and went on to get the green card, so I can't really tell which approach is better. In either case, make sure to have all relevant paper work with you - specifically the experience letters from old employers with proper job descriptions.

    As for the salary increases when changing jobs, I did talk to more than one attorney about this. And what I heard consistently was that higher salary is not as much of a problem as lower salary could be. In my case, I had salary increases of more than 30% each time I changed jobs, and I am doing fine so far. Whether that becomes a problem for me or not, I will deal with it when it happens.

    I traveled out of the country a couple of times using AP. On my return to US, at the port of entry (SFO), I was asked if I still worked for the company that originally sponsored my GC application. I told them I changed employers using AC21, and that I was not legally required to inform USCIS about the job change. And they let me go without causing any trouble. Not sure if anyone else had different experiences in such case, but the immigration officers at SFO seem to be somewhat easier to deal with (assuming you haven't done anything wrong, of course).

    I did have trouble with AC21 once. I ended up having a gap between my 2nd and 3rd EADs (so did my wife too), as we tried to do too much 'optimization' of EADs. Well, we learned the hard way that 'optimization' effort is bad, as both of us had to stop working during the gap. It's not a very pleasant feeling having to explain our respective employers that we had such issue. We lost money too, as we couldn't be legally paid during the gap - in addition to the unnecessary stress. I wish USCIS issues EADs with longer validity period - something like 3 years (but I once heard Aman say that they couldn't do so due to a software glitch in their system!!). In any case, we are now filing for EAD renewals well in advance of the current one's expiry.

    Other issues with AC21 that we faced are things like having to pay for EAD and AP renewals every year, which is quite expensive. I guess you could negotiate this with your new employer when changing jobs. And the sheer inability to change your job roles or take on more responsibilities (on paper too!) is frustrating, but that is more of a lengthy GC processing symptom than an AC21 issue.

    All things considered, I think AC21 is good. It's got it's set of issues, especially if you don't use it wisely, but it at least lets you have some kind of progress in your careers. The way I see it, if there is no career progress, I can at least make more money. You got to gain something over years of waiting to keep you going!

    Thanks for the info. How early we should renew the EAD? TIA. anukcs




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  • gcbikari
    04-21 04:40 PM
    I have a friend who got offer like u. He is cautious and paid $350 and met an Employment attorney re. non-compete. If u work at same desk and perform same duties as with ur prior employer, attorney told it comes under violation (as per his aggreement, if it says 'directly or indirectly' ). If they sue you u have to pay the loss and leave the job. The question is will ur employer Sue? He might get sued back for violations he did like missing payments to you, and many other dirty tricks to save money!!

    The more u know the more complicated is non-compete, search online forums on non-compete. u can also consult some attorneys online.

    Easy way may be talk to him and try to settle. Otherwise ask for your agreement and get it reviewed by an attorney.




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  • sanhari
    07-19 04:08 PM
    how to use the spillover is purely an USCIS decision. Only to use the spillover to avoid wastage is a law, which is already in place. Infact USCIS was not doing this top down approach on spill over few years ago, this is a new practice they are following since last Fiscal Year, so I strongly believe if Congressmen/women puts pressure/more request it can be changed to a fair application of visa spillover to benefit all that are in the queue for a long wait.

    Let's please not start EB2 and EB3 fight again.

    What I understand (and I am not a lawyer), is to change the current situation, law must be changed. Congressman can be helpful here, but only if there is going to be a change in law. A congressman can not simply call USCIS to change the way they do things. They must come up with legislative change that can then be followed by USCIS.

    Now for any legislative change, there is resistance from CHC to let it pass as a small piece, rather they want more comprehensive approach. This issue is so complex and no political party or politicians are interested in opeing the can of worms.

    Did you see O'Riely interview Sarah Palin?? She could not answer the question that was "yes or no" (I am not much impressed with her IQ any way...but that was one example).

    Under current circumstances, the only two hopes for EB3 India are:
    1. Port over to EB2.
    2. Legislative change which effectively will mean immigration reform with good provisions for EB immigration.

    What can we relay to our congressmen? (and we all should do it):
    - Employment based immigration is good for the economic health of this country: it creates jobs, EB immigrants pay taxes, buy houses, they are educated etc.
    - EB immigration is only a small fraction of immigration currently (I forgot the exact %, I believe it is 12%). And it carries "country cap" in the name of "diversity". However no such control exist for the majority of rest of immigration (88%) and so there is no diversity clause there....why is it only on EB immigration.
    - EB immigrants pay a major portion of income to USCIS. While data is not availabe from USCIS, if we do the math (based on filing fees), it pays for > 50% of income of USCIS while it constitutes only 12% of their workload.

    Bottom line:
    - Increasing EB immigration can only bring prosperity to this country. If at all immigration needs to be curbed, it should be other areas where rest of 88% of immigration is occuring which may not be good for the country's economy.
    - Increase the annual quota of EB immigration, remove the country cap, make it simple to attract more talent from the rest of the world.
    - In fact anyone who completes masters of higher degree in STEM, should be oferred immigration benefit automatically.




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  • vkxml
    07-09 05:31 PM
    http://www.eweek.com/article2/0,1895,2155487,00.asp

    Nice article in eweek about july fiasco



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    07-09 05:29 PM
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  • GCStatus
    09-16 04:39 PM
    Someone reading the thread for the first time should be able to figure out what the plan is.

    man-woman-gc.. can you start a new thread, since you're the one maintaining the spreadsheet?

    Someone who is logical, reads the first port



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  • Winner
    11-18 08:53 AM
    Did my part




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  • Redeye
    08-18 03:36 PM
    funny thing, this SunnySurya guy happens to be from a small consulting company with 8 people out of which everyone got audited and at one point he says he does not know if his application is Eb3 or Eb2 and he is trying to figure it out.

    Then he comes with filing a lawsuit against porting from EB3 to EB2

    Funny guy, once you get your hand in the cookie jar you want no one near it eh?

    What are you really afraid of?

    I will help you in this but do us all a favor and don't reply to any more messages....



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  • kawosa
    08-31 07:34 PM
    Congrats.. You made it

    hope you and all EB3 guys hear some good news soon... i know it must be hard to see EB2 with later PD being approved while you still wait.. and wait... and wait.....




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  • JunRN
    09-05 05:43 PM
    Anybody from August filers who got his/her Receipts already?



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  • mkiv
    12-11 07:48 PM
    How do I start a new Thread?




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  • sankap
    07-10 03:20 PM
    Agreed that H-1B has a fixed date. But from the employer standpoint, you're their "full-time, permanent" employee on H-1B, right? Because Future GC job could be same job on H-1B, only difference being on H-1B your job has fixed end date (noted by I-94), and GC job has no fixed end date, hence permanent. It does not make that current job on H-1B permanent.

    Temp Job and Permannet Job can have same job title and job duties. Just like contract job and full-time job can have same job title and job duties, but one is employee of the company and other one is not.


    .



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  • gbof
    08-27 09:14 PM
    it is not to prevent 'de-magnetization' but to prevent rfid communication. All new passport and other govt id 'cards' ship with rfid chip in them which contains encrypted biometrics info. Since rfid info can be read even 10 meters away with right equipment, it is better to put it in a metallic sleeve (creating a Faraday cage) to prevent anyone from sniffing then biometrics info.
    here is more info ..

    SecureIDNews | New U.S. 'Green Card' using optical stripe, RFID technology (http://www.secureidnews.com/2010/05/12/new-u-s-green-card-using-optical-stripe-rfid-technology)

    edit: some additional info, mythbusters did a segment on the myth of demagentized credit card. It would take a really very strong magnet to demagnetize the strip, definitely not the kind you would carry in your pocket.

    Without getting into the science, I tried to pass on the tip to GC holders (and expectants) giving a simple example... btw: I appreciate your posting explaining to like minded......'joy the w'end




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  • jayleno
    08-18 01:54 PM
    Though I will benifit if the OP's idea succeeds. I agree with eb3_nepa. We need to do something that will help everyone. Its not fair to seek relief to only some section of the community.
    I am sorry SunnySurya but this issue DOES concern me. If everyone starts asking the IV core for their time just for their own issues, what about the rest of the community?

    If you expect the IV core to dedicate it's time JUST for a particular secction of people, then you need to justify that demand.

    In your opinion, EB3 is a LOWLY category as compared to EB2. So it is not enough that Nurses feed from it and just about EVERYONE else feeds from it. To top it off, overflow from eb1 goes FIRST to eb2 and then (and almost NEVER) to eb3. SO Eb2 gets a fair chunk of the greed cards, and over and above that you now want the IV core to further drop everything else and help JUST eb2 out? And who should make this demand? None other than someone who is trying to BREAK the community up into Eb2 vs Eb3.



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  • aachoo
    05-09 10:05 PM
    For god's sake, if you intend to send hundreds of emails and letters and call yourselves highly skilled immigrants, can you take the time to have your letter proof read by someone? If not anyone, at least by Microsoft Word?? I start reading the text of some of the emails and shake my head at some of the gobbledegook you are spewing. It is counter productive to say the least.
    -a




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  • Libra
    08-26 12:58 PM
    I did and I got a response in mail saying there are extremely high volume of cases filed before me, that is why it is taking time.

    Did you try Ombudsman route? It may take a few more weeks, I guess it is worth a try.



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  • miapplicant
    10-04 11:30 AM
    All,

    I just want to share some goods news from side.

    All my checks got cashed today. I applied on July 23rd at NSC and got the receipt #'s from WAC.

    I hope who ever is waiting for RN's they will get soon.

    Thanks,
    -rk.

    Wow, I was in the same boat as you but we still have not heard anything:( What should we do?




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  • abhijitp
    11-21 02:21 PM
    Sorry to hear about your situation. I will sincerely pray for you to get well soon!

    Actually I have often thought about this situation, and I thought the answer is the family will have to return to their home country.

    However, please do consult an attorney ASAP. Sertasheep, maybe you could connect him to Ms Henner!

    Wishing you all the best!
    Abhijit




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  • rustum
    08-29 12:01 PM
    Hi,
    My 140 is filed at NSC. RD is on 05/25/2007. 485 is reached NSC on July 27. Filed from Texas. What are the chances of getting transferred to TSC. Need EAD for wife as soon as possible.




    tikka
    05-23 11:24 AM
    I emailed and used the "contact us" form. It asked me if I wanted a reponse and I clicked - yes.
    Have not heard back from them. Has one else?

    thank you




    desi3933
    01-30 01:57 PM
    Let me add my 2 cents here -

    1. There is no rule that H1 status expires after 1 year of no use. The key word here is H1 status.
    2. If the person is in US, then he/she 60 days to start working on H1 job else apply for change of status (or leave US and re-enter on some other visa).
    3. If the person is entering US on H1 visa, then he/she has 30 days to start working on H1 job.
    4. Within 30 days of start working, person should get his/her first paycheck.
    5. By not working on H1 job, you are out of status since Oct 1st. (there is no grace period for out status. However, out of status does NOT mean illegal presence as long as I-94 date is not expired or USCIS has made the determination that you are out of status.
    6. 3/10 year bar applies for illegal presence and not for out of status.

    Good Luck.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin



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