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  • sanju
    09-09 11:17 AM
    Hi,
    I am one of the concurrent filing applicants. I filed my 140 and 485 on July 2. Can you give me a link for this memo ? Also if I invoke ac 21 do i need to file the g28 on 485 ? and what is g28 exactly for ?

    In your case, to file AC-21 to change employers, you need to have approved I-140 and will have to wait for 180 days from the 485 receipt.

    Just google search Yates memo pdf and you will find it. G-28 is a form that is filed to authorize a lawyer to represent you with USCIS.





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  • GCard_Dream
    04-13 01:09 PM
    so you don't see a difference in how a private organization and a non-profit organization operates. Well here are some:

    1. In your office, you are actually working for your boss and you are getting paid to do what they want you to do. I don't remember getting any pay check from IV. In fact, I have written several checks to IV. This doesn't mean I can post whatever I want but as long as I am following IV guidelines, I shouldn't get harassed by folks like you who think that their post is the only important post.

    2. If you don't do what you are told at work, they'll fire your a&& and you wouldn’t know how to pay your bills next month. That's why the CEO or your boss don't have to send you a one liner before they take any decision.

    As far as I know, IV is just a group of people coming together to address a problem which is shared by all members. I know that some people have worked harder than others and some people have contributed more than others but everyone has contributed one way or the other. So for you to come out and say that you are the only one doing all the work and others are just doing nothing and some how you are the CEO of this organization is just beyond my imagination. May be it's time you wake up and smell the coffee.



    In your office do you ask your CEO/VPs to first send you a one liner before he takes a decision on your project? Think about it





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  • kumar1
    08-19 09:02 PM
    I can give you my example. 10 years in the US and got greened yesterday. Background -

    B. Tech. from IIT - 1999. Always believed in hard work and dedication.
    2000/2001 - Came to the US
    2003 - Filed labor - RIR - EB3
    2004 - job loss
    2004 - Joined so called fortune 500 company with 15000 + employees and presence in 50 countries. They promised but never filed GC.
    2005 - Filed Canada PR.
    2005 - Quit and joined Desi company. Started GC process on day-1.
    2005- Filed under Perm EB-3 (lawyer screwed). Got approved in 3 months.
    2006 - Filed I-140 got approved in 3 weeks.
    2007 - July Fiasco and filed I-485. Got AP, EAD. Wife started to work.
    2008 - EB-3 sucked so talked to employer to file in EB-2. Desi company did not care as long as I paid for it.
    2009 - Filed labor, got approved in 6 months.
    2009 - Filed EB2 I-140 and requested to re-capture the PD of first labor.
    2009 - I-140 approved, same day saw an LUD on pending I-485. Also, approved I-140 came with A# and EB-3 labor PD.
    2009 - Bought a home.
    2010 - July, dates became current.
    Opened SR, got a response that my case is still in EB3. NSC sucks.
    Asked lawyer to send letter to USCIS. He did, nothing happened.
    Contacted senator and they opened up a congressional request with USCIS.
    Within 2 days, USCIS issued RFE about incomplete medical. It was total BS.
    Contacted doctor and got chest X-Ray and replied RFE.
    Took several Inforpass appointments.
    EAD expired, did everything but could not get renewed on time.
    Did not tell anything to HR about expired EAD, both kept mum and kept working.
    Had fights at DMV to get DL extended.
    Aug-17th, GC got approved.

    Is this all worth it? I do not know. Only reason I joined desi company with 2 employees is that desi company was ready to file GC on day-1. I have seen so called Fortune-xx companies. They lied to me.

    Overall - I am a happy person. Would continue with Desi employer for some more time.

    Now that we have GC, I would like to -
    1. Spend more time with family and not worry about LIN-XXXX numbers.
    2. Think about doing MBA.
    3. Move to a warmer place like CA.

    Good Luck. I would suggest - Talk to your employer and explain your situation. You have nothing to lose.





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  • gc_check
    05-12 03:35 PM
    DREAM Act continues to be a "Dream" @least for now !!!



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  • logiclife
    01-09 12:00 PM
    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.

    Firstly, COBRA has pretty much nothing to do with AC21.

    COBRA is a law related to job loss or job change to an employer who doesnt offer insurance or job change to a new employer who offers insurance only after a certain time (like one month or so).

    I think the previous author is right. From the time you lose/resign from previous job, you have 60 days to fill out the COBRA paperwork. Do that as soon as possible, dont wait for 60 days.

    Basics : Basically, what COBRA does is allow you to continue your health insurance (as-is without any changes, you cannot change deductibles or switch from HMO to PPO or vice-versa, whatever you had on last day of work, that would continue) at your own expense and the insurance would now be only between you and the insurance company. Your previous employer would be out of the picture. This can continue until 18 months.

    Sometimes there is a third party company that will process the paperwork for your cobra and deal with insurance company. This third party company or service provider is usually retained and hired by your previous employer so that they dont have to deal with COBRA paperwork. Just like many employers outsource payroll paperwork to ADP or Paychex etc. So in that case, you would by asked by your previous employer to contact this service provider who will hook you up on COBRA coverage with existing benefits with your insurance provider.

    You would be paying the entire premium amount every month. Basically, it can come down to about 1000-1400 dollars a month for a family of 3-4. Amount depends on state and also on your coverage quality.


    Payments : Insurance companies are VERY VERY strict about the timeliness of the payment of insurance. If you are late one time, they will yank your insurance. So if you need COBRA be very very prompt about sending the payments.

    Alternative work-arounds (Having it both ways) :):) : Here is what some people do. COBRA payments dont begin until about 45-60 days after you stop working for previous employer. So you have 45 - 60 days until you can get on board with your new employer's coverage.

    So for 45 to 60 days, if you get COBRA, and you dont see a doctor, you just spend 1000-2000 dollars for nothing. ON the other hand, if you dont enroll and you are in a car wreck, you will be bankrupt for a long long time to come.

    But there is a middle ground. Send in the paper-work and fill out all forms to enroll in COBRA. That way, you are formally enrolled in COBRA. However, before the first premium payment is due, (45-60 days later), you might be already on board with new insurance with new employer. So at that time, if you are already with new insurance and then your first payment is due, just dont send the payment. They will cancel the COBRA immediately. But then you have nothing to lose as you didnt need any coverage in intermediate 45-60 days and now you are already with new insurance.

    On the flip side, if you actually need coverage (Doctor appt, surgery, etc) during 45-60 days while you are waiting for new insurance, then please send the first (and probably second payment if neccesary) for COBRA so that you are continously covered and your claims are not denied.

    This is totally legal and I was advised to do this by my current company's HR. She said "Wing it". To paraphrase her, if you dont need coverage, then dont send payment and let them cancel. If you need coverage, then send them payment so that you are covered while you needed doctor/hospital. It works. No one likes to send a check of 1000-1500 dollars to insurance company for one month COBRA insurance if you end up not needing any benefits at all during that month. Right?

    Links on COBRA :

    DOL website info : http://www.dol.gov/dol/topic/health-plans/cobra.htm





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  • kishdam
    02-16 09:14 AM
    Hi,
    I am talking to different lawyers for using AC21 - new position title and functions are almost similar with similar salaries in the same region, old employer might revoke the approved I140 but 180 days are over and I140 is approved - couple lawyers mentioned that the case is straight forward but still mentioned that they are not going to take the case because they decided not to do AC21 in many cases. Reason they mentioned is that underlying I485 is not filed by them and if its rejected for any reason there is a chance of mal-practise suit against them. The fact that they didnt do anything after taking the case might work against them. Their current insurance against mal-practise is not enough to cover these types of instances. I found the argument a bit weird but wondering if anyone else heard same - I heard this from 2 of the 3 lawyers I called locally.
    - kishdam



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  • r_mistry
    11-06 02:55 PM
    Hi Guys -

    I filed my I485/EAD/AP at Nebraska on July 24th, 2007. Got receipts for all of them on September 19th. Done FP on October 23rd for myself and my wife and saw a LUD on I-485 a day after. EADs were approved and received on October 10th. But i have not received AP yet. Looks like my application is still with NSC. Never got a transfer notice or anything and online status also shows "Case received and pending at Nebraska".

    There is only one LUD on AP and that was on September 21st. Nothing after that.

    Anybody in the same boat? Do i need to make an infopass to get more information on this. I need to travel in December and want to make sure i get AP before that.

    Many thanks in advance for your responses





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  • gclabor07
    02-07 01:20 PM
    Just wanted to let you know I posted my letter to WH and IV.



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  • anilsal
    08-13 10:51 PM
    "How many of us are going to attend the Sept. 18th DC rally?"





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  • laborday
    07-17 09:41 AM
    AHAH I'm sorry, I didn't mean to sound like a bully. I refreshed and it still says June though :confused:
    This is what I see:

    "U.S. Citizenship and Immigration Services
    Nebraska Service Center Service Center Processing Dates
    Posted July 16, 2007 "



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  • nrk
    10-30 12:39 PM
    Just came back from Info pass appointment.

    The officer told me that they haven't seen any thing wrong in the system.
    Further he told in both of our cases the back ground check is completed and cases are "pre-adjudicated" (i don't know what does it mean)

    Then i have asked him why the letter says "not admissible under the current law"

    He said, there might be a very minor details the officer needs to clarify or send it to his superior for review. Further more he said he does not have the physical file in his hand right now if you want i will request for the file and look into that. I asked him what do you suggest on this, he said wait for some more time as i don't see any problems in your case. If i order the file your case will be taken out for nearly two months from the queue.





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  • priderock
    06-27 05:05 PM
    I understand ...................blah....??? any ideas ??

    Yes, I have one :

    You missed adding another option in the poll.

    Option 3: "This idea is a non-starter, It wont work. "


    Why do you care if you had already applied ?
    Sorry !! Don't mean to beat the dead horse.



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  • abcdalways
    12-20 10:22 PM
    NY consulate is not the greatest but compared to Houston, it is fantastic. Recently I sent my papers for PIO to NY and they took their time but i did get it in 4 weeks time (their website says 2 weeks). I had to make multiple phone calls and if i used the automated system, it would take me to a phone that no one ever answered. If i went through the operator I was invariably forwarded to a wrong department or was told there is no one in the PIO department on that day!! But eventually, I did manage to reach the right person, who told me when to expect the passport and it did arrive in due course. I did send them multiple emails as mentioned at their web page that promised faster responses but till now I have not received any reply till date!

    My friend had to send her papers to the consulate in Houston and it is absolutely horrible. Firstly, no one ever answers the phone at any of the listed numbers. An automated response asks you to wait in line and then after an extended duration, you are bumped back to the start of the line. No one replies to emails. Then they send back your passport on flimsy grounds without giving proper reasons. When you send it back, they find a new reason to send it back as my friend had to endure. Eventually, she had to find an 'agent' who charged her $1100 to get her PIO card which he did within a day. When asked to give the breakup of the costs, he said he has to bribe people in the consulate to get the job done.
    So this in essence is the real reason why no one answers the phone in Houston or people are given the run about ..corruption. They want you to use the services of these agents who in turn bribe them and get the work done.
    NY consulate is slow and tardy but Houston is corrupt, probably all the way to the top. Unfortunately, there does not seem to be any way to address these issues!! somewhere i saw a petition doing the rounds on the web complaining about the Houston consulate but I doubt if it will change anything.





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  • Sakthisagar
    10-28 08:38 AM
    "This time you have a great opportunity to consolidate and by working in India, by becoming a good quality professional you will sustain the advantage we have created and will make growth in India a permanent rather than a temporary feature."

    Guys, wakeup! He isn't telling anything wrong - just a different opinion, very valid for a great percentage of Indians - not everyone can/is going to land in US and wait eternally for GC? and nothing wrong in what he is saying - to go for a better long term India than a spurt of growth. Why ridicule the other guy for giving a genuine advice to youngsters - how many of us haven't almost given up on our careers just for the same of EB GC? Are we just afraid of losing out to our brothers in India in future, rather than them joining our batch in the eternal wait? If we want to make US our home, at least we should start respecting another person's right to his opinion, even if we disagree. Why would it be called a gimmick?! There is no other way - if its not India, it will be China, Philippines etc. Look at the way the general product industry went? The same will happen unless there are restrictive trade policy - which, not only would be against the "US" principals of free trade, but would also automatically be harmful for the US economy.

    I personally don't see anything wrong in the article. He puts forth the right things that can be done to improve the life of Indian generations - now and for future. And if that happens, there would be a benefit for us in particular, and US economy and US jobs in general.

    hahahaha.. good one.. what a support to Infy... height of slavery. I accept your veiw point as INFY's and YOURS view point. good keep it up.



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  • wahwah
    06-05 11:04 AM
    What is the effectivity date of this memo?
    May 30th or June 1st?

    I think for few people this might be bad news. Some people changed their job without I-140 being approved. Sorry guys...i used AC21 but i have approved I-140.





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  • chanduv23
    06-17 10:57 AM
    way to go snathan "u da man :) "



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  • abhijitp
    01-15 10:52 PM
    1. contact all your IV friends
    2. contact all your friends in the USA (whether or not waiting for GC)
    3. talk to your neighbors in your apartment community
    4. hand out bills that describe this action item (We need a poster for this purpose)

    In each & every case, offer (as the last option) canned letter format to be filled out and signed... you then photocopy it and mail it!





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  • bharol
    08-18 02:22 AM
    how does one know NC is cleared? do you see an update?

    If you were July/Aug filer, it does not matter even if it is not cleared...


    ...180 day rule, thanks to IV efforts.





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  • hebron
    08-20 10:17 PM
    I am not with them anymore, I transfered my H1 to another company already. i just need to find out the way how to file a complaint and proceed further.

    That's good to know that you transferred your H1-B.

    As people already suggested there are very slim chances you can do anything about this, since labor and I-140 belongs the the employer. So if you can prove with written statements from your employer that he will sponsor your GC and if can prove that have incurred monetary loss, you might be able to get something out of this.

    On a side note, You may want to see if there is any other options to bring him down, such as if you were on H1-B and if your employer did not pay you the salary he promised. This definitely will put him on the black list and he cannot hire anybody else on H1-B. All the best!





    Guig0
    02-11 11:20 AM
    how about that 30 votes rule?

    I was just hiring 30 ppl to sign up to kitupa and vote for me... :(





    mirage
    01-31 03:29 PM
    They don't want the immigrants to take a penny home.
    Nothing is going to change, you'll still need to file your applications in premium processing. As their processing times are not going to change. As somebody said it is plain daylight robbery.



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