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I have changed employers on an H1B transfer. My previous employer had filed an I-485, I went through FP as well and it has been 180 days from the filing date. My new employer's lawyer had advised them that AC-21 need not be filed until visa numbers become current. Is that correct? What if I go to a consulate for H1B visa stamping and they ask me whether AC21 has been filed for the empployment visa? Please advise, I am quite confused.

Just sent in mine.

Bump...........

Did anyone receive card mailed e-mail/status update? I saw one member receive that.

see above

If China and India combined gets only 22K every year then all Visas will be wasted.

I know man....i called them today and refered to their latest update ....and they bluntly ask to wait for atleast 90 days before they can provide any info...




There are 1000s waiting for receipts , filed before July 24th . Hope someone apprises USCIS that people are aware of it & they cannot fool millions just by a silly update (who is asking for it anyways!)!


Applied to NSC on 18th July and received on 19th by F.HAUINER (has anyone received application by this person.. asking just to check if mine reached the right place)

Receipts : Not Yet
PD : Feb 2003

I filed I-485, I-131, I-765 for myself, my spouse and my 10 year old daughter. The papers were received at NSC on 30th July, 07. Three days back we received all the receipt notices with receipt date shown as Aug 1 and notice date shown as sept. 10. All fine so far.
I then went to USCIS site to check on-line status, but here was the surprise. It gave the correct status of all the receipt notices, except that of I-485 and I-131 for my daughter. When I key in her receipt nos., I get the message that these nos. don't exist and I should enter the correct no.
Now what is that? How come my and my spouse's record is entered but not of our daughter's inspite of the fact that we have her receipt notices with a proper receipt no.
Can someone suggest what could be the reason and what course of action I need to take so that the situation is corrected. Help please

my 2cents suggestion...

1) Can we advertise about this rally in our grocery shops....
2) Can we bring our family memembers also.......

Donated $50.

Unique transaction ID: 10J10659MJ039415E

For people who have already landed and were not able to get a PR card applied, please follow the following link and apply for it.

http://immipedia.ca/CIC_call_centre

You need to have the following documents with you when you make the call:-
1. Landing Paper which you got stapled to your passport.
2. All the people who landed, as you cant apply for your spouse or kids PR.

Please let me know if you have any questions.

GO IV GO

desi3933,

Here is the part of the law that says a job aspirant should not be discriminated by his/her immigration status as long as he/she has a valid work permit( H1B/GC/EAD/Citizenship).


"(1) GENERAL RULE. -- It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment --

The only individual that can be discriminated against is an unauthorized alien. H1B/GC/EAD/Citizen does not fall in this category.

Thanks for your reply.

H-1B visa holder is not authorized alien to work for any employer. Employer can not be asked to provide H-1B sponsorship.

Infact H-1B worker has lot of restrictions related to his work. H1-B worker has to work only in his job location and pay range as specified in LCA. Any significant changes in job location, job duties, and/or salary requires LCA and H-1B petition amendment. H-1B worker is out of status when out of job for any reason. EAD holders, OPT are immigrants, who are not permanent resident, but they do not have such restrictions. And, thats why, they are authorized alien to work for any employer. (Hint: SSN card for H-1B holder has line - work with USCIS authorization only whereas GC/EAD holder does not have that line on their SSN card).

Authorized alien include EAD holders, GC holders, OPT, and US citizens. If you don't believe me, feel free to put this question in lawyer's forum and let me know what response you get.

Now, coming back to your quote
"(1) GENERAL RULE. -- It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment --This simply means that Employer can not discriminate for hiring (or other aspects of hiring) any individual because of Immigration status (i.e. GC, EAD, OPT). For an employer, two applicants can not be discriminated because of their immigrant status, as long as they are authorized to work for the employer.

In fact, from legal pont of view, applicant requiring H-1B sponsorship can br refused without assigning any reason beyond employer can not sponsor H-1B visa at this time.

It is legal to advertise job that this job position is open for workers who have unrestricted work authorization. EAD is nonrestrictive work authorization in spite of its expiration date.

Walking dude's effort will at least highlight the fact that H1Bs are not preferred over GCs/Citizens. In fact it is the other way around. One of my colleague who recently got his GC, was surprised to see so many job offers opening up for him just because he was a GC holder.


Again, this is because, as GC holder and H-1B worker are not at par due to restrictions in work authorization. Employers can not be asked to apply for H-1B visa. Most employers would like to avoid hassle of visa sponsorship (additional paper work and legal requirements) and they prefer hiring H-1B worker as contractor through consulting company instead of employee.



_______________________
Not a legal advice.
US citizen of Indian origin

It seems like the deeper we are in the process of GC the more time we spend tracking and speculating on the next week or the week after.

This week is going to be critical for the Notices because if we don't get them by 8/17 the following weeks are going to be even worse.

I'm tempted to call because of the time that has passed and becasue my checks also are dated 6/15.

Best luck to all.

They almost always take some kind of FPs. What I mean is that there are 3 biometrics codes. Code 3 is the most comprehensive, where they take your photo, signature and all ten fingers FP. Check your notice in the upper right corner, there should be a box that says "Code".

I always used to think (and still think) why they would issue different FP codes to different applicants even though they are all applying for same 485 petition?

Do different codes have different relevance?

Completed! My wife and I sent the emails. Please tell us when to begin the phone calls.

In Your example, Is B working for the same company or different company in 2010. As you know experience working for the same company does not count towards EB2. B has to take another job at a different company to qualify for EB2. Am I correct in this?
(unless the title and job description totally different in 2010 for B)

By law the job should be in different company. However many desi employers are having two or more sister companies. They get it applied under another sister company's name.

Had it been a different company too this porting of date for B (my example above) is not justified. Because when B had originally applied he did not have the EB2 qualification/experience. He gained it later, so he should not be allowed to use the original date for EB2. The law should be the new perm date for the EB2 should be the priority date.

The porting of date should only be allowed in same category, if someone changes a job after 180days of 485 and remains in same category.

EB2 I applicants should point this out. I know many of my friends have started sending out memo to USCIS.. But to take any adminstrative measure more people need to follow or contact USCIS.

Else it is your fate.. you know better what to do...

Sanhari,

If GCs were sold in stores I would buy you and your family a bunch of them.
You are in the EB3 category, do you ever wonder why somebody who is more educated than you or me, makes more money? Can we say, hey you I was born in 1890 I should make more money, it does not fly, EB3 is not a reflection on your skills but more the job you hold.

The question you should ask is why have EB1, 2, 3, etc?

Why do you not include the family based categories, isn't family first, why not the EB spill over to to FB first then whatever trickles down comes to EB, is not this fair? I am sure there are a lot in the FB queue who have waited for longer than you. Now dont tell you you are better than FB because you are highly skilled, pay taxes, etc.


You signed up for this knowing what was in store.
You think writing a letter or starting up a thread is going to help?

I just wonder, is IV some kind of therapy? something like weightwatchers,
maybe we should call ourselves GCWatchers, for frustrated GC folks from India.

Tell me this, are your bosses fools to sponsor you in EB3, do they not know it will take years? No they are not, ask yourself why?

India is shining, not a bad proposition at all.

Abq_gc,

I agree with you on the fact that this is extremely frustrating. Believe me I can feel your pain. However all I am saying is, put your faith in the IV core for a more long term solution, where ALL EB categories benefit. This is a **NOT** a quick strike mission as we have seen for the past 4 years or more. The system is HORRIBLY broken. You cant try and put a bandaid on a foot long laceration. I am sure the idea of a quick fix appeals to a lot of people and I dont blame them either. Everyone on here wants to get their GC and get this mess over with.

I have full faith in the IV core and I know they are working on it as we speak... but Eb3_Nepa we cannot let our guard down against USCIS and I know very well that this is a long term mission.. but we can still do some quick strikes and weaken the enemy before the kill... or would u rather just wait another 3-4 years before the final kill ??
( playing too much of the RTS games because of the apparent frustration ..)

Anyways.. I am with the core and will always support whatever they do, because it will be good for the community as a whole.

All I am suggesting is to be on their heels.. just like my #$%^&* manager.. to get the work done

Guys this year's party is pretty much over :rolleyes:....whts the point debating something whether right or wrong which pretty much nobody can do anything about except went frustration from whichever side of the isle one sits on.....

As per Mr C.O. of USCIS I guess they have sent out the party invitation for the year so I guess there is no point sniping at each other. New inivitations will start from July next yr...;)

Take a chill pill guys....its a weekend.....get a beer....enjoy life( beleive me GC or no GC these days will not come by:make the most) :D

Admins this a great concept to protest, how about making this thread sticky. This protest can continue for weeks.

I am also frustated with GC process. It is literally controlling my life...
I don't want to go India because not sure whether I would get Visa or not. I don't want to join some prime vendor company because not sure whether they would start GC process immediately or not, and vendor could terminate the job immediately after contract expiration or any other issue. As everyone knows that desi employers are blood suckers and on top of it H1B extensions are very tough to get with them. I was almost on edge of leaving the country on my last extension.

With desi employer, It looks to me that my career goal is only GC. I don't know when I get that and I am sure that my goals will be none after getting GC because I would be exhausted by then....

Hello,

As my lawyer has used his checks to pay my 485/765/131 fees, there is no way of knowing whether the checks have been cashed. I did called my attorney a couple of times last week and he told me that checks are NOT yet cashed.

So I'm still waiting to hear from the lawyer abt the receipts.

And it looks like your package was handled at NSC itself, instead of getting transfered to TSC or CSC, hence the LIN#.

I will let you know once my receipts are in.

Thx

Hi,

My receipt #s start with LIN. I did call USCIS regarding my receipt #s, and level I customer service wasn't able to find the numbers in the system. Obvisouly they have limited access to the system. I spoke to a level II IO, and they were able to pull up my information. They said that it will take a couple of days before I'm able to track my case online.

In any case, are you waiting to receive your receipts in the mail, or for your checks to be cashed?