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how do I avoid that scenario?

If I send some information to USCIS that I am invoking AC 21, they would not allow my employer to revoke I 140?

Leave on good terms with your current employer. If that's not possible and you have a good reason to believe that they'll withdraw I-140, conduct a pre-emptive strike and file AC21 papers with the USCIS (a new employment offer listing job title, duties, salary). That will eliminate or at least minimize a headache associated with I-140 withdrawal. Employer is free to withdraw I-140 at any time and the USCIS cannot prohibit it. However, even if I-140 is withdrawn, your I-485 remains valid if you have a new employment offer. So no worries, just plan for it and act according to your gut feeling :)

Roughly $ 500.

Thanks ramus for starting this thread...

If an RFE is issued, how long does it take to get EAD/AP? Will the USCIS still honor the 90/120 day issuance?

Does anyone know how Quebec compares to Ontario. Specifically Montreal to Toronto. Economically, culturaly, etc.?
I would appreciate any comment. Thanks

I would say Ontario (Ottawa or maybe Toronto) is better compared to Quebec with regards to immigrants.

In Quebec, if you cant speak French, you are frowned upon. Yeah, yeah i can hear the Montrealers saying they speak both French and English, but the reality is that Quebec only likes people who are French. I heard some racist remarks while walking in the downtown, not uncommon. For some ignoramuses, every colored person is a "bangladeshi" and hurl racist abuses. I was very shocked to say the least...Isolated incident, but not uncommon.

Bottomline, if you wanna life like u had in the US, better Ontario than Quebec or even BC.

I saw this many times, he call some indian guy for interview on h1b's and out sourcing then he ask questions and then he olny answer to those questions and he never give that person a chance to explain, and he says thank you for being here we got something more imp need to cover that is Paris Hilton got out of jail partying again............b****d


I think we should go after him. Every time he calls us cheap labor. He opposes employment based green cards as well as H1b. In a sense , he hates Indians.
He fuels the rumors against our cause. See his video below :-

http://youtube.com/watch?v=Fx--jNQYNgA


Everyone who opposes High Skilled Immigration is his friend. So I don't see any reason to refrain from going after this retarded soul. Expose him, blog against him. Take off his cover and let the world know , what a big communist liar he is.

Thanks Harsh..

you think it is safer to submit the last 2/3 paystubs while on H1 earlier along with the other documents we submit while filing for H1, or not even submit them.. I know the officer is at full liberty to ask whatever document he fancies at that moment and my stars at that time..

Do you think they will ask for the W2's while on H1 period..?

others too, pls share your thoughts.


I would follow the advise of your immigration attorney on this one. Sometimes they ask for pay stubs, sometimes they do not. So I would follow what your attorney advises on you. Normally USCIS will not ask for W2's. However an embassy will, when you go for stamping. They will ask for W2 and your tax returns to verify if you got paid whatever is written on your application as your salary.

Medical: 200
Photos: 25
Lawer: 2500
Fees (if app accepted): 1450 (Fees later if not accepted now but later: 2500)
Travel + Certificates + photocopies: 150

Total: 2875+(1450 or 2500)

Thanks for playing your folk tunes, and singing and reciting poetry on stage at the rally! Please let us know the IV handle of the other guitarist and singer. Thanks for inviting me to join you but I am way too shy to sing on stage :o 3 cheers to abhijitp, you make CA proud!

Hello IV and its core members,

INA 202 (a) (3)

�Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a-Family category) and (b-Employment category) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter�.
Therefore, the 7% country cap had always been �soft� till year 2000.

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

After 2000 (After AC21) the following law was added to INA in the section 202.

INA 202 (a) (5) (A)
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- 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.





The devil is in the details....What do they determine during the year that there are additional visas available ??? In that question lies the whole issue...
The state dept. would not give the number usage statistics until the year has ended..The laws say something...the Babus in Washington interpret it in their own way and donot explain anything....How do you make them tell their interpretation ????

Count me in...

My PD is June 2004

I140 : Approved, Nov 2007

Is IV still collecting the list of affected EAD ? I received an RFE, and have provided all the documents, and my 90 day period is coming up soon. Please help. I have contacted my congressman also.

Agree with you Tony - there are so many members of this forum - I find it hard to believe that everyone's budget is so tight, that they cannot afford to divert $25 per-month to a cause that is going to help them directly.
I would rather NOT believe that most people here are with a free-loader mentality - waiting for others to fund and drive the momentum, while they just keep yapping about their problems and concerns about the situation, laws, regulations, illegals, employers etc. etc.

Yes but empirical evidence points to the contrary - About 100 something donors out of 45000
Some persons have trust issues with sending money to IV.
Guys Immigration voice is a non-profit, and as core group mentioned in their video, people can be arrested for misusing funds. The annual reports for previous years are available.
Immigration Voice funds disclosure on Yahoo! Video (http://video.yahoo.com/watch/234998/1863489)

In my opinion people are missing the big picture of that if everyone contributed, there could be significant momentum that could be created - a $25 per-month contribution could lead to a $500K monthly lobbying fund - which is a non-trivial amount to drive our agenda.

Yes people need to learn that we are small in number and need everyone to support each others cause. Even 5 bucks a month from everyone is enough to achieve the dream - average lunch money. Sometimes I'm surprised we're dealing with high skilled immigrants here.
While almost everyone has been in a situation of spending hundreds of dollars in immigration fees. I paid $1000 6 months back for premium processing.
Some people have experienced old corruption in Indian politics and think things are the same here. I assure you its not.
So whats the next excuse going to be now? laziness or boredom?

in the mail asap

You can sue this guy successfully there is no doubt, but you should have guts to do.

Most people just have guts to rant here. They won't take flowers to USCIS office or even put some feedback comments on CNN website. Sad but true.

Is IV still collecting the list of affected EAD ? I received an RFE, and have provided all the documents, and my 90 day period is coming up soon. Please help. I have contacted my congressman also.

The Senate is currently considering the FY 2008 Department of Defense Authorization (H.R. 1585). Senators Specter and Leahy have offered the Habeas Corpus Restoration Act as an amendment to the bill; and Senators Durbin, Hagel, and Lugar are planning to offer the DREAM Act as an amendment. Call your senators now and urge them to vote YES on these amendments!

Technologies doesn't matter as long as job description is same.
Not a lawyer but...

How much does technology come into picture? I changed jobs using AC21 and am on EAD, my new job utilizes only 50% of the skills from previous job and am getting trained in new technologies in the new job. I am not sure if the new employer will list all technologies mentioned in the labor, but will definitely list all those that are being used. Any comments?

EB3:
it was moved with 1 (one) year from AUG-01-2002 to AUG-01 2003 - was it? Or they just entered wrongly???

I 100% agree with you about visa capture...

Additionally, they can "spill over" only in the last quarter...
So all in all, I do not see much of GC approval till the last quarter of next fiscal year; those 120k preadjudicated cases will sit in show case....

I used to like Ron Gotchers ideas and used to visit his site/blog; but after initial few months, I realized that he does not know any more than any of us...he just throws in ideas; some of which are completely base less....I feel bad about those people who believed his ideas and opted for CP while USCIS has already preadjudicated large number of applications....(he predicted at that time that July fiasco will happen every year, so do CP)

I agree with your comments about "things not adding up".

Not sure about any language specifying spillover can occur only at the end of the year.

Doubt if there is anything in the law that prevents spillover to be used every quarter.

"Sakthisagar", get you facts right, supreme court of india ruled that "Hinduism represented a way of life", and funny thing is you are talking about unity, check your posts, if someone disagrees with you you start talking BS about that person, tonyHK12 being an atheist for me does not imply anything -ve about him,

Sujan vatarapu you are a baby here. you just believe what ever supereme court says! it is influenced by politicians, and the so called minority community in India. So if you dont know dont argue. I never said anything -ve about athiest, I said they are denying themselves by claiming as an atheist. that is about it. When you point a finger three of your own fingers are pointing towards you Please understand that.

Thank you very much illionois_alum :)

Title field is for your title or how would you like USCIS to address the applicant as...Mr/Ms/Mrs/Dr etc...