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  • jsb
    12-18 04:20 PM
    Guys, AC21 rule says "I-485 pending for more than 180 days". It doesn't require that you work for the petitioning employer for 180 days. Even if you work or not, as long as I-485 is pending for more than 180 days, you can invoke AC21.

    USCIS will look if you still have "future" and valid offer of employment according to your LC. USCIS is not interested in the past but the future.

    Yes, after 180 days of I-485 pending, such "future" offer for same/similiar job as in LC, should exist - from any employer.





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  • raysaikat
    01-09 11:56 AM
    Hi,

    I am joining new job using AC21 provision coming monday. My new employer does not provide medical insurance for the first month. I am eligible for after I complete 1 month.

    So my question is: till the time I get medical coverage from new employer (approx. 20 - 30 days), can I invoke COBRA? I heard that one can not invoke COBRA if he or she is employed (only meant for un-employement) is this true?

    Also, should I call my current insurance company for COBRA now, or I can wait if I really need to visit a doctor? is there a grace period for this? Because there is a possiblity that I may never would have to visit a doctor for next 20-30 days, but who knows!

    Appreciate your answers.

    Remember that you need to pay the entire cost of insurance from your own pocket for COBRA for whatever time you use it. Typically that's around $500 per month per person (depending upon the coverage, place, etc.). The only benefit of COBRA is that you can keep seeing the same doctor.





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  • irock
    08-22 02:15 PM
    Based on the discussion with Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting, DOS, the AILA has just released the following predictions:
    EB-1 (All Countries): Closely match to September 2007 VB
    EB-2 (All Countries): Closely match to September 2007 VB
    EB-3 (All Countries): Similar to January 2007 VB
    EB-3EW (All Countries): 10/01/2001
    EB-4: N/A
    EB-5: C

    Can any one tell me what EB-3EW means?
    Thx

    EB-3 EW means "Employment Third Preference Other Worker".





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  • vardinishankar
    10-28 01:29 PM
    Yeah... very good, now there is two.... this is the proof why EB is not moving or why there is no unity. Keep on arguing and disunite that is the usual desi NRI habit. especially people in USA.

    Brush your GK about Hindu religion.. and this word is just phrased by a Irish Padri just to fool Hindus and you become a trap of it.. I pity Wake up and dont be in a fools world!
    Not two - just you against none :) Count me out! The other guy quit, and I too am quitting - so you are the sole winner. Hope it makes your day! And does it prove that we are united? I guess EB will move now - now that we are united - and that we have bashed Infy and its founder together.



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  • thomachan72
    08-30 09:54 AM
    Most of the state colleges, (In my case, none of the state colleges), including under-grad and medical schools, will accept application, if you do not have GC/ US citizenship. I tried, wrote letters, but of no use.
    You can apply and get admission in private college, which of course cost much more.
    Also, we were not able to take any federal loans.

    Hi Dinesh, in your quote above were you intending to say that most state colleges WILL NOT accept applications if you do not have GC/citizenship? So to attend a state college you NEED TO BE a GC holder/citizen? If that is the case how come lot of international students come here and attend state colleges for MS/Phds and get assistanships/fee waivers?





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  • vicky007
    12-15 01:01 PM
    I read about EB2 flow on one of the forums at immigrationportal.com. I'll try to find the thread and post the url if I can.

    About EB2 people filing is only from my personal experience. Every single friend I knew who was in EB3 with PD somewhere mine filed for perm EB2.

    Good for all of them.

    Its all the more imperative now that USCIS bans labor substitution because its obvious that though applicants have moved on and converted to EB-2 the labors would still be pending and would become available to the sponsor's for substituting someone else.(aka selling in the market).



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  • qvadis
    12-29 12:14 AM
    Being on the other side (EB3-ROW) I read the law a bit differently ;-)

    In short:

    - INA 202 (a) (2) establishes a 7% country limit for both FB and EB categories together and per fiscal year.
    - INA 202 (a) (3) allows to make unused visas available per quarter in excess to the 7% country limit.
    - INA 202 (e) specifies that any visas in excess to 7% must be distributed equally to FB and EB, and each sub-categories.
    - INA 202 (a) (5) gives preference to EB (over FB) and determines the allottment for additional visas with preference to EB1 over EB2, etc.

    INA 202 (a) (5)
    If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.


    I guess the question here is, what does "visas available" in conjunction with INA 203(b) mean.

    INA 203 (b) (3) (EB3)
    [...] Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2) [...]


    The way I read it all this is that the rules in INA 203 (b) (1)...(5) should be applied first before INA 202 (a) (5), ie. additional visas are only available if EB-3 ROW is current.

    So, the allottment should work as follows:

    Any unused visas in EB-1 (with regards to 7% country limit) will spill over to EB-2, and unused visas from EB-2 to EB-3, etc. If there are still unused visas, they will be used for countries that are subject to the 7% limit, first in EB-1, then EB-2, etc.




    Even before AC21 rule enacted in 2000, there was no �hard� country cap as per INA then. [...]

    INA 202 (a) (3)

    Therefore, the 7% country cap had always been �soft� till year 2000.

    (*Note: DOS do not mix FB and EB categories for visa number allocation/calculation to meet the per country limit. They keep both in separate track to meet separately the 7% limit)



    I would disagree with the premise in your note. You could also read it that the 7% applies to the sum of both FB and EB categories: "[T]he total number of immigrant visas [...] under subsections (a) and (b) [...] may not exceed 7 percent [...] of the total number of such visas made available under such subsections [...].�

    Subsection (e) actually seems to suggest that any additional visas have to be allotted proportional to FB and EB categories:

    [I]INA 202 (e)
    If it is determined that the total number of immigrant visas [...] will exceed the numerical limitation [...] visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that -
    (1)
    the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);



    After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.


    I guess the important phrase in the law is IF ADDITIONAL VISAS AVAILABLE. You seem to interpret 203 (b) as only up to 28.5% are available without the ones spilled over from higher categories.





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  • abhijitp
    01-24 07:17 PM
    Also setup time with employer to request a letter.



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  • Guig0
    02-10 09:55 AM
    all 3 of you :P :(

    Thank you very much! ;)





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  • Humhongekamyab
    02-21 12:55 PM
    Thanks for the reply...
    Initially I too got the same doubt that it could be a prank from my friend. But the name of the person who called me matches with the name of the person who visited my employer's office around 2 months back. After I got a call from ICE officer, I notified the same to my employer and explained about the call.
    Really donno what to do.... Even though the ICE officer took prior appointment for visiting me, should I still contact attorney?

    Don't let him come to your house w/o your attorney being present.



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  • gbof
    08-08 11:57 AM
    To me, this all looks so irrelevant for AC21 users... when you changed GC sponsoring employer and have moved on with or without filing AC21..... I know most have stayed with sponsor for 180 days before moving on, to safe guard GC approval

    Please, share your thoughts for AC21 users in context to citizenship ...





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  • sanjose
    07-13 03:26 PM
    congratulations..truly inspirational.. how did you acquire such phenominal emotional stamina?



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  • mchundi
    12-13 03:19 PM
    yea this is correct. a member named united nations posted a detailed break down on immigration portal a few months back. This has been implemented by the DOS by suspending the AC21 rule of a variable cap and enforcing a hard cap of 7%. This was mentioned in the november or december 2005 bulletin.

    From my perspective I think its a travesty that when the UCIS and the DOL has classified some of us as "exceptional" aliens, we can still not adjust our status because we were born in India or China while Mexicans with the same qualifications can. If the country limit is to avoid monopolization of numbers and enhance diversity...all categories for Mexico should be "U"

    ---post from immigration portal

    indian_gc_ocean
    Registered User Join Date: Jul 2006
    Posts: 194

    The following is from November 2005 visa bulletin published October 2005.

    "During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply, and the amount of Employment numbers available to any single country will be subject to the 7% cap."

    Well, now I realized it is not DOS but again its me who was not upto date with the trend. This means that India cannot go beyond its 7% using unused visas. In the same bulletin there is something that indicated that it allocated too many visas to India in the past. Most likely DOS does not take any action until ROW eb3, eb2 and eb1 are current. Now I have also understood why the perm is necessary at the this time for row. Perm helps row move faster thatway in the loooooong run helping India when all the row is current.

    There will not be any spillover to any India categories in the near future. This is the reason why India eb2 went unavailable. EB1 will soon follow the case. Eventhough eb3 moves, it was like unavailable for a long time. 1400 greencards a year in each category (excluding spouses from this ordeal) is hardly enough for India. I doubt there would be any encouraging direction in future as India had consumed too many visas in the past years. This is sort of balancing act as far as DOS is concerned. Only a change of heart can save India.

    This is really bad for India as most of the people applied for 485 after spending nearly many years in BEC (that itself a retrogression). With Philly clearing non-rir 2001 eb2 labors, can't wait to see october's eb2 retrogression dates.

    I wouldn't care about where the overflow/spillover goes as it is not for India.

    Atlast, the email from murthy.com about eb2 visas going unavailable did not surprise me. My parents named me right and I am an enlightened person now.

    In the past it is not just where u came from but also where u r that determined ur fate. People living under some fast processing centers like illinois got their G.C very fast. Most of the 50k (Indians) odd G.C's in Employment category were with PD in 2003/2004.
    Most of the guys back west in C.A and other slow states lost those 2001 PD when their Labors went nowhere and most changed jobs in 2002 due to the tech bubble.
    USCIS has a strange way of dispensing justice. Suspending rules whenever they mess up. I would not be surprised if they wasted another 10-20k VISA numbers in the last year.
    --MC





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  • gk_2000
    05-01 09:22 AM
    Quick Chain of events .

    India rejected both Boeing and Lockheed Martin's proposal of fighters . I am not debating the reasons or the merits of this decision if this was right or wrong . I am just discussing the potential repercussions this has had so far and might have .

    'Exclusion of US firms from IAF jet deal a setback for ties' (http://www.indianexpress.com/news/exclusion-of-us-firms-from-iaf-jet-deal-a-setback.../783401/)

    1) The issue is so serious that Tim Roemer , US Ambassador to India submitted his resignation immediately since he was on the hook for making this deal work .This shows the measure of disappointment they had.

    2) India was seeking US assurances in security a Permanent Security council seat , which looks far fetched now .

    4) Pentagon , Whitehouse and the DoD very upset that deal fell through . This sentiment will certainly percolate to the USCIS and the State department and might embolden Anti Immigration senators whose measures will get more support in the house and senate.

    5) Prosecution of companies entangled in cases like Infosys might find more support and favor with the Govt.

    Question is how/if there will be a backlash against India / Indian's get back at us at least in the short term .Increased scrutiny and visa denials , PoE Harassment , GC audits etc.

    Will the US take a Tit-for-Tat reaction on this issue is what remains to be seen.

    I hope you are not one of the guys, who have mindset to kill the person who they THINK he is in their way to getting GC .. because it will be dangerous combination

    And I hope what others have written made you reconsider your view. If not, see this fact : Pakistan has crossed such lines, even done much worse things, several times but US has not broken ties etc. What US actually responds to is the ASSERTION of sovereignty and SELF-RESPECT. Not pansy behavior, if you know what I mean.

    Don't worry. US will respect India's right to act in its interests. If they dont, then what difference will remain between it and a common country.



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  • x1050us
    07-19 01:03 PM
    Thanks to every person who answered this post. I managed to get an appointment in mumbai for Aug 2nd. This will give enough time to send necessary document from my end and also give enough breathing to file the application.





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  • gumpena
    07-02 04:24 PM
    Attorney and filing fees taken care by company. For others --

    Total approx - $700



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  • IneedAllGreen
    06-27 02:33 PM
    I second your opinion. I went to Kinkos for quality of photos. I dont have maline thought for other places wherever people had visited or thought to visiting in future. I had taken photos in 2002 from Kinkos and they were using Polaroid camera those days. I sent those photos for H1B Visa stamping at State Department in DC. It worked that time and I liked Sears as well for their quality work. By the way I took lots of photos in 2004 from Sears for Marriage proposals. Yeah I got marry last year because I sent Good quality photo to my in-law family. You see you get what you pay for..Guys as "LogicLife" says you get priceless GC while you dont want to pay couple of extra bucks....Poor you...

    Thanks


    Hi
    We got our photos from SEARS . It is expensive(36$ for 8 photos ,(no option of ordering just 6 photos) )but quality is great !!!!

    tell them you need photo for immigration documentation purpose , they are aware of USCIS requirement.

    so if u care about quality go to SEARS ,if u don't care about quality go to CVS





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  • newuser
    07-13 03:26 PM
    Should we be worried about the DREAM ACT?

    As far as I know dream act does not offer anything for legal kids. Its all about kids of undocumented workers.

    I am not quite sure why should I support this bill. Unless this bill includes age out protections for legal kids or legal kids get the same benefits as kids of undocumented workers, I don't think many people would support this.

    Please let me know if you know any provisions that help us or hurt us . I am open to change the mind ...





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  • shiankuraaf
    11-25 12:50 PM
    Great Job..... I am eagerly looking for the release of the BL report.





    wahwah
    06-05 04:07 PM
    well this memo is taking it one step further than the last memo -

    it is saying that the I-140 must be approved before determining portability. which means most likely if you file for portability and your 140 has not been approved then USCIS will be forced to look at your 140 petition and approve it.


    I guess it is the same thing as earlier memo. They are saying that merely 180 days have passed since filing does not provide AC21 benefit. To determine AC21 benefit the petiton must be approved. So based on earlier memo, USCIS would see whther petiton can be approved. If yes then they will evaluate AC21. If not, then you got a problem.





    n2b
    12-28 11:22 AM
    This is my first post so forgive if I am not in the right place,
    But I have situation where in I need your inputs to decide.
    I am working at a clients place and they willing offer me a full time position.
    My Labor is approved Oct 2007 and Filed for I-140 receipt pending.
    In this situation should I change my job or should I wait for I 140 to be approved or wait till I apply for I 485 , but as you know the priority dates have retrogressed for EB2 and I heard that they will be unavailable shortly.
    I always wanted to get a full time right from my Masters but ended up as a consultant as I had to get my H1 done.
    Please Advice!

    I am asking questions myself. But I will shed some information that I have.

    In my understanding when your I-485 is going to be finalized, they see if the I-140 and intentions to work were valid when ur I 485 was filed. In your case I-140 is not even approved...how would you validate your intent?

    Even I am not sure if I USCIS would consider my intentions that I have stayed with the sponsoring company for over 2 years after filing of I 140 and more than 1.5 year after the I 140's approval....



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