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  • kondur_007
    08-11 09:32 PM
    I am currently on H1B visa and I want to switch the company. New company is not willing to do H1B transfer and want me to work on EAD. I have pending I485 EB3 ROW with priority date of March 2006. Its been more than 180 days that I filed for I485 so I can use AC21 with EAD.
    But my question is how risky will it be if I switch job at this stage with EAD?

    Thanks in advance,
    BK

    I believe that this is a bit more complex issue and depends a lot on several specific details of your case. At times this is very safe to do and at other times it is "no no". At times it is advisable to inform USCIS and at other times not. It all depends on several specific factors (specifics of your case: details of LC, job title, duties, classification, salary, location etc etc).

    Bottom line: Can't get/give answer on the forum. Definitely worth consulting a VERY GOOD attorney.

    Good Luck.





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  • bindas74
    06-10 12:50 PM
    As per this everyone who got pre-adjudicated would be receiving their GC in FY2010. But, there are people from EB3I with PD as late as 2007 who got RFEs recently and got their cases pre-adjudicated( I am one of them even though my PD is March 2003 and when I called up NSC, they said my case was pre-adjudicated and waiting for a Visa number ).
    With EB3I staying at 1 Nov 2001 when the new FY2010 quota starts in October doesnt match to what Ron Gotcher says.
    Anyone have any opinion?

    http://imminfo.com/Newsletter/2009-AILA/Likely_visa_bulletin_cutoff_date_movement.html




    Likely Visa Bulletin cutoff date movement


    Information provided at the 2009 AILA Annual Conference gives us some insight into likely Visa Bulletin cutoff date movement over the next year. Historically, the INS/CIS have treated filing backlog information as a matter of national security - refusing to release any information. Recently, however, cracks have started to appear in that wall.

    We know that the 2007 filing surge resulted in an enormous number of cases submitted to the CIS. The actual number of new I-485s filed is unknown, but estimates range from 350,000 to 500,000. We also know that the CIS, having the fear of God put into them by the State Department in 2007, finally increased their level of production and began adjudicating cases at a pace sufficient to use up each year's quota and not waste any allocated visa numbers through non-use.

    At this year's conference, the CIS representatives made several statements which, if true, give us hope for a return to sanity soon. They alleged that they have completed enough EB I-485 cases this year to exhaust the EB quota (140,000). They also alleged that they will soon have completed the "pre-adjudication" of another "110,000 to 120,000" cases to be used against the quota for the next fiscal year (Oct. 1, 2009 - Sept. 30, 2010). Finally, they represented that these adjudication would "pretty much exhaust" the inventory of pending EB I-485 cases at the TSC and NSC.

    If these statements are true, then the end of the current mess is in sight.
    If the CIS really has wiped out its processing backlog, then when the "pre-adjudicated" cases are given visa numbers in the next fiscal year, cutoff dates should advance rapidly. At a minimum, we should see them return to February 2007 levels, if not closer.

    Implicit in this recital of statistics by the CIS personnel is the likelihood that they denied a truly massive number of pending I-485 applications. Before anyone panics, those denials should have been sent out already and are not out there just waiting to ruin someone's day. Only by assuming a very large number of denials does the math make any sense. Without them, you cannot reconcile the large volume of filings with the volume of approvals.
    Once these pending cases are closed out, the known "demand" for EB visas will be much smaller and the Visa Office will be able to move priority dates up quickly; in some cases by years.

    Another factor to be taken into account is the number of people who have lost their jobs between August 17, 2007 and whenever the cutoff dates cross that chronological line again. In years past, if there were 100,000 applicants with priority dates between August, 2007 and today, we could expect to see at least 90,000 applications. Today, with the economy being what it is, I think the figure is probably closer to 50,000. These are all people who were not eligible for AC21 because they had not filed for adjustment of status. If true, this means that cutoff dates will advance more rapidly than normal after the "2007 deluge" cases are resolved.

    Of course, all of this becomes academic if CIR is passed. In that case, all priority dates will become "current" overnight and remain that way for years.
    The State Department official at the AILA conference said that we can likely expect to see the following cutoff dates in the October, 2009 Visa Bulletin:

    EB2 Worldwide: Current
    EB2 China and India: Outlook is "grim" and there may be further retrogressions until later in the fiscal year.
    EB3 Worldwide: June 1, 2005
    EB3 China: March 1, 2003
    EB3 India: November 1, 2001
    EB3 Mexico: March 1, 2003

    These estimates are just that - estimates. They are, however, estimates from the Department of State.

    Where numbers move after October 1st will depend entirely upon the demand presented by the CIS. If, in fact, they have pre-adjudicated as many as 120,000 EB AOS cases, then it is unlikely that we will see much additional forward movement until the fourth quarter of the fiscal year (July - Sept., 2010). As discussed previously, however, once we get over this large bump in the road next year, we can expect to see a rapid advance in cutoff date movement.



    Copyright � 2009 The Gotcher Law Group, PC - All Rights Reserved





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  • maine_gc
    07-06 04:55 PM
    I support this action item.

    Here is my story. I came to US in 2001 and was able to get the visa stamping done in US twice. My visa expired in 2005. Since the revalidation in US is stopped in 2004, i did not go to India until i received my AP in 2007. This is because i know couple of friends (brothers) who were stuck in India for almost 3 months when they went for marriage in 2005. So i decided not to take the risk. I went to India in 2008 and returned back on AP.

    Now i cannot use AP anymore because my I140 was denied by USCIS. This is for sure an error by USCIS. In the denial letter they said my company applied for X number of green cards which is not true. Green cards applied by the company are too low compared to the number provided by the USCIS. My appeal is pending at AAO. If the revalidation of visa can be done in US, i can get it stamped and visit the family in India instead of waiting for the decision on the appeal.





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  • GCwaitforever
    12-26 11:30 PM
    My take on it is that more jobs will be outsourced and only few core people important for a business will retain the jobs and also the salary hikes. This is assuming that offshoring companies mature over the period of time and move up in the service chain in terms of value of services they provide. The current trend is towards translating business requirements here and getting the programming done through some offshoring entity. The preferred vendors are benefiting enormously and so are the companies outsourcing. From a business point of view, technology is an enabler for competitve advantage. So critical and complex projects will still be done here through few core people.

    I believe we can survive quite well in the global economy. I am more worried about future of American kids and the education system here. Unless they prepare well for the global economy, America will be in rude shock. Bush is not helping either, dumping the money on wars and creating boats load of debt burden for future generations.



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  • gbof
    11-03 01:44 PM
    Sometime back I commented on visa bulletin predicitions (whatever predictions remain popular) and got nasty comments and too many reds. I think some people get pissed off by the prospects of VB





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  • nfinity
    09-21 07:00 PM
    Ok, I've seen a lot of threads about go to the rally, actions items, I've reading a lot of guys saying dont ask for your receipt status, dont waste your time etc, etc.

    Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...

    Question remains open:

    1. When are they going to increase the GC quota?
    2. When congress id going to do something?

    I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............

    Exactly who are you referring to when you say "WE"? You werent there my friend...

    I think you should rephrase the sentence as

    Yes YOU did the rally YOU were great with all those signs, and appearing in the Indy TV

    .. and had a ton of fun meeting people
    .. experiencing the true power of democracy
    .. walked the walk..
    .. handed people flowers and enjoyed their smiles
    .. were honked for cause people supported
    .. heard mark explaining the "disease" while ROFL our ass off.
    .. STOOD UP IN THE FRONT OF THE CAPITOL HILL AND YELLED "HOW LONG DO YOU WANT US TO WAIT?"



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  • swamy
    10-27 12:15 AM
    as per the info u provided u'r...... mail dt is 8/17/07 & receipt dt is 9/26/07...... did u'r application reach cis after july visa bulletin..... if yes, then it appears that with u'r april-06 dt. the priority dt was not current when they received u'r app .... is that a possibility.....
    even if thats the case they cant go back after more than 2 years ...they simply cant decide after two years if something wasnt filed in time - even by uscis' horrible standards that'd be a new low





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  • cool_desi_gc
    12-17 09:11 PM
    Chumki,

    My 485 online status says that they have recieved it on Sept 18th.But i posted my app on Jul 18th and i have return reciept that they have recieved it on July 18th.Someone has actually signed the reciept.So what is my RD ?



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  • skp71
    12-12 09:49 PM
    What's going on with EB3 ROW? No movement at all!! What's goin to happen in coming months???





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  • bobzibub
    02-01 02:25 PM
    OK, they'll raise the fees (I can live with that). But how do we improve the chances of better services?
    USCIS is asking for comments....If IV would be so kind as to submit comments for the raising of the fees. I humbly throw these out for discussion:

    Accept the fee increases providing:
    1) That USCIS propose public standards of reducing processing times to 30 days+10 day security check.. Automatically produce an EAD if it takes longer. Hey. We're all still in the country whether the process succeeds or not right? We would just appeal, submit more info or beat it until it's done. Who's any safer?
    2) That RFEs not be used to manage work levels. Plus they ought not to reset the 90 day clock to zero if they issue one. That is ridiculous and unheard of.
    3) That they simplifiy applications (a la Canada) so that "lay persons" can (carefully) fill in the forms. Lawyers not required.
    4) That the USCIS abide by the laws. Especially regarding FBI name checking. We have a duty to follow the law. I'm careful to do so. The government should be careful to do so as well.. Call me a radical.
    5) That they publish proposals to stream line the process with modern business methods and concrete goals. The increases should be tied to fulfilling stated goals of improvements of service. Otherwise they roll back. Have a 3rd (independent) party decide if the goals have been met in three years.

    If we tax payers are giving them extraordinary increases in fees, we should at least expect some meaningful process improvements. Simply claiming that they need-the-cash-for-process-improvements is not sufficient. What is to prevent them from using the money to give everyone big raises and bonuses and a nice fancy new office, and big fancy new computers if they're going to continue to use paper and use the computers to access rickety old systems with terminal emulators? I'd love to deal with happy USCIS employees, but I'd love it even more if I had to deal efficient USCIS employees. (Give them the tools and they'll be happier!)



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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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  • jfredr
    08-31 03:38 PM
    Good Find



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  • anilsal
    07-20 11:00 PM
    Please use this thread to track your NSC EADs (e-filed). ****No Paper based filing details here****

    * Please do not ask questions about your case.
    * Only E-Filings should be tracked on this thread. Please use the other tracker threads.
    * Provide details about your filing date, FP notice, FP, RFEs and approval dates here.

    Additionally, do consider the "High Five" Campaign.
    http://immigrationvoice.org/forum/showthread.php?t=20183

    Other Trackers:
    NSC EAD Paper: http://immigrationvoice.org/forum/showthread.php?t=20345 (http://immigrationvoice.org/forum/showthread.php?t=20344)
    TSC EAD E-File: http://immigrationvoice.org/forum/sh...ad.php?t=20346 (http://immigrationvoice.org/forum/showthread.php?t=20346)
    TSC EAD Paper: http://immigrationvoice.org/forum/sh...ad.php?t=20347 (http://immigrationvoice.org/forum/showthread.php?t=20347)

    NSC AP: http://immigrationvoice.org/forum/sh...ad.php?t=20349 (http://immigrationvoice.org/forum/showthread.php?t=20349)
    TSC AP: http://immigrationvoice.org/forum/sh...ad.php?t=20348 (http://immigrationvoice.org/forum/showthread.php?t=20348)





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  • abhijitp
    09-23 02:52 AM
    IV hadle of Dr Saurabh is 'drsaurabhsethi'. abhijitp, you guys rocked the stage with my favourite music. I want congratulate everyone in CA chpater for their enthusiasm and grand participation in the rally. You guys did it, what we couldn't do being local to DC. We learned a lot from CA chpater memebers from their dedication and hard work. Keep it up. Hats off to all CA members.

    I want to add that it was only because of the superb guitaring by Dr Saurabh that we could do the song in the right (soul) rhythm. In my own youtube video I had played a much simpler 4 count rhythm as otherwise it was getting kind of hard to focus on the lyrics.

    Also, I don't know how others from North CA feel but Aman's motivating speech during his visit to CA (the Milpitas event) was the turning point for me! Maybe before the next rally, Aman should consider visiting all 50 states:)



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  • gc28262
    03-11 11:41 PM
    What you are saying I understand. And many american/GC holders work as independent contractors on 1099. But H1B is never designed for independent contractor (1099). H1B is designed as W2. By using percentage basis H1B consultants are trying to work like independent contractor on 1099. USCIS is trying to crack down on that.

    Who said I am working on percentage basis ? Where did you read that ?





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  • rameshk75
    02-13 12:36 PM
    Thanks Shana..Even i had the same thought.. it should be the day we arrive in US...

    To my know it should start from jun 05



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  • garybanz
    11-02 02:16 PM
    Papu,

    Is IV in a position to check with USCIS on the official guideline for this issue?

    Thanks.


    Questions for everyone to research and post the answers------


    -- Is there any real example on any internet forum, website or blog where someone faced problem in citizenship because they left their sponsor employer before 6 months expired? Do not find opinion but a real proof.

    -- Can any lawyer provide a case example to illustrate the above. We can go into detail, talk to USCIS and seek clarification.

    -- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.





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  • looivy
    08-15 12:34 PM
    My application was sent to Vermont instead of Nebraska service center on July 2nd . I have not got any reciept number and lawyer is not confirming if the checks are cashed.

    I am not sure what will happen to the application. Should I refile? The FAQ did say that they will forward it to correct Service center, but I don't have confidence in how they will handle it.

    Should I refile?





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  • GCBy3000
    05-22 04:06 PM
    Illegals will lobby hard now for discrimination against Z category and come up with amendment, not to allow employers to ask for their status. For sure they will get this one under the protection act of discrimination.

    Employers will not be allowed to asked the status. You are supposed to give your Z-plastic card after you accept the offer and the prospective employer accepts you. If he fires you since you are Z-class, then you are eligible to sue the employer for 1 mil $$. These are the amendments that will be passed along with this stuppp...d CIR.

    GO ILLEGALLLL is the message for everyone. By the way, dont forget to get your parents / sisters / grand father / etc just few days before this law passes. Throw the passport away and let them claim that they are here for the past few years.

    I was thinking how to get a high tec job with Z visa. Because you might need to tell the employer that you are on Z visa. Tech employer might be hesitent to give us job on Z visa.

    But you can start a new company and do consulting. You do not need to tell them what status you are in. All they need to know is you are a employee XYZ company.





    krcreddy
    07-08 12:02 AM
    Here is the link to NBC site:

    http://video.msn.com/v/us/msnbc.htm?g=7074a9b5-daf9-4a79-934f-cce39dbeb3ac&f=00&fg=copy





    ashkam
    03-27 11:55 AM
    I am not the one who is arguing for the sake of it. You are. So far I haven't seen any "in depth" logical reasoning from you. I am not replying anymore to your arguments unless you come up with some real logic.

    Also, until you explain how an illegal intruder in a house doesn't qualify as a security threat, all your requests for logic smack of hypocrisy.



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