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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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  #1 (permalink)  
Old 02-06-2008, 02:02 PM
Senior Member
Priority Date
:
Jan-03
Category
:
EB3
I140 Mailed Date
:
01/01/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
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Join Date: Jan 2006
Posts: 837
eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute
Default Used AP, not working for sponsoring employer only POST HERE..

Please post here if you have used your AP, and you are not working for the sponsoring employer and you travelled and entered into US. Please mentioned the POE name too and how u handled your case. thanks. this will benefit a lot.
__________________
EB3 - India
PD 1/03
I140 approved - march, 2006.
485 status - Rotting in NSC with a single RFE
Lost H1, working on EAD. Invoked AC21 twice.
Attended DC Rally and contributed to IV many times.
Renewed EAD 3 times and AP 4 times
Total cost from the H1 days (new h1, extension, ead, ap, 140, 485 etc - $22000)
Total cost if I had bought a labor certification those days and having a GC by now - $15000
Not knowing if GC is this worth - Priceless.
R2I'd in Feb 2011.
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  #2 (permalink)  
Old 02-06-2008, 03:00 PM
Senior Member
Priority Date
:
May-02
Category
:
EB3
I140 Mailed Date
:
06/24/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/25/2007
Compare
Join Date: Jan 2007
Posts: 133
amslonewolf has a brilliant future amslonewolf has a brilliant future amslonewolf has a brilliant future amslonewolf has a brilliant future amslonewolf has a brilliant future amslonewolf has a brilliant future amslonewolf has a brilliant future amslonewolf has a brilliant future amslonewolf has a brilliant future amslonewolf has a brilliant future amslonewolf has a brilliant future
Default

I changed jobs in Jan, and returned back using AP in Boston POE.. No questions asked at all
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  #3 (permalink)  
Old 02-25-2008, 03:11 PM
Member
Priority Date
:
Jan-05
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Cambodia
Processing Stage
:
Labor Certification
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 52
when is on a distinguished road
Default Bump

^^^^
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  #4 (permalink)  
Old 02-25-2008, 03:15 PM
Member
Priority Date
:
Aug-06
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
07/05/2007
Compare
Join Date: Jul 2007
Posts: 76
absaarkhan has a spectacular aura about absaarkhan has a spectacular aura about absaarkhan has a spectacular aura about
Default

I have read here that the IO at the POE Does ask if you are still working for the
Sponsoring Employer.

I would like to know how to handle this situation if anybody has Travelled on AP
after Invoking AC21 and changing the GC Sponsoring Employer.

Any 1 in this Situation Please Post your Experience
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  #5 (permalink)  
Old 02-25-2008, 03:17 PM
Member
Priority Date
:
Jan-05
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Cambodia
Processing Stage
:
Labor Certification
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 52
when is on a distinguished road
Default

Any Body.........Gurus.........Please
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  #6 (permalink)  
Old 02-25-2008, 03:30 PM
Member
Priority Date
:
Jan-05
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Cambodia
Processing Stage
:
Labor Certification
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 52
when is on a distinguished road
Default Bump

^^^^^^
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  #7 (permalink)  
Old 02-25-2008, 03:50 PM
Member
Priority Date
:
Jun-05
Category
:
EB3
I140 Mailed Date
:
05/01/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/04/2007
Compare
Join Date: May 2006
Posts: 33
japs19 is on a distinguished road
Default Yes they did ask me...

My POE was LA and CBP officer did ask me that question.

My situation was I did not work for the original petitioner at that time.

If they don't ask, you don't tell. If they do then be honest. I told them that I do not work for original petitioner and the officer said that is fraud. You must be working for them. I politely told them that Employment Based GC is for future employment and I don't have to be working for them.

I was held hostage for 6 hours and was told to go to downtown office where they stamped AP.

The thing is there is no such laws which restricts you to be working for any employers as long as in good faith you can say that your intentions are to go and work for the petitioner employer. Although things can change along the way and anyone can utilize AC-21 rule and change jobs. It is just that it would serve as a faithful relationship if an employee is working for original petitioner so there is no ifs and buts about the employer-employee relationship after several years as it may take them forever to process I-485.

Quote:
Originally Posted by absaarkhan View Post
I have read here that the IO at the POE Does ask if you are still working for the
Sponsoring Employer.

I would like to know how to handle this situation if anybody has Travelled on AP
after Invoking AC21 and changing the GC Sponsoring Employer.

Any 1 in this Situation Please Post your Experience
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  #8 (permalink)  
Old 02-25-2008, 04:27 PM
Member
Priority Date
:
Jan-05
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Cambodia
Processing Stage
:
Labor Certification
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 52
when is on a distinguished road
Default japs19

Dear japs19,

If one were to port using AC21 and inform USCIS about the change, why would they still harass?

Did you change employers under AC21 (485) and/or did notify USCIS?

I very much appreciate your insight

Thank you & Regards
when
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  #9 (permalink)  
Old 02-26-2008, 10:36 AM
Member
Priority Date
:
Jan-05
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Cambodia
Processing Stage
:
Labor Certification
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 52
when is on a distinguished road
Default Bump

^^^^
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  #10 (permalink)  
Old 02-26-2008, 10:45 AM
Member
Priority Date
:
Aug-06
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
07/05/2007
Compare
Join Date: Jul 2007
Posts: 76
absaarkhan has a spectacular aura about absaarkhan has a spectacular aura about absaarkhan has a spectacular aura about
Default This question was Answered by Sheela Murthy

All,
I have asked this Question to Sheela Murthy in her Chat Session Yesterday
that is on Feb 25th, 2008.
According to her "The CBP Officer at the POE should allow the Applicant to
enter US on Advance Parole even after the Applicant uses AC21 and
Changes the GC Sponsoring Employer."
Since this was a Chat Session she DID NOT go into all the details, she just
mentioned that there should NOT be any Issue.

Reference Click on the Link below:

http://www.murthy.com/chatlogs/chattran.html

and then go to Week 4 : 02.25.2008
under Month 02.2008

Note: Right now, the Transcripts for yesterday are NOT there yet, i think they will Post this in a day or 2.



Quote:
Originally Posted by when View Post
Dear japs19,

If one were to port using AC21 and inform USCIS about the change, why would they still harass?

Did you change employers under AC21 (485) and/or did notify USCIS?

I very much appreciate your insight

Thank you & Regards
when
Quote:
Originally Posted by when View Post
^^^^
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  #11 (permalink)  
Old 02-26-2008, 12:18 PM
Member
Priority Date
:
Jan-05
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Cambodia
Processing Stage
:
Labor Certification
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 52
when is on a distinguished road
Default Thanks

absaarkhan
THANKS FOR YOUR INPUT
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  #12 (permalink)  
Old 02-26-2008, 12:53 PM
Member
Priority Date
:
Jun-05
Category
:
EB3
I140 Mailed Date
:
05/01/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/04/2007
Compare
Join Date: May 2006
Posts: 33
japs19 is on a distinguished road
Thumbs up Regardless...

Regardless of one using AC21 or not, CBP officer can ask the same question and harass if they want. There is no law to begin with that defines that you have to be working for the petitioner when one is filing for AOS or any stage of GC process. GC based on employment is for "future" employment.

Ethically it makes sense to work for the employer who you will be working on a "long" term project and who wants you to get permanent residency. There is no agreement or obligation that restricts employee to reject the employment in the future or employee to not return and that in eyes of CBP officers is a FRAUD.

I have read blogs where people write that they were told to sit for 2-3 hours before they returned the stamped document and same question was asked them and it took them 2-3 hours to figure out whether to let those guys in or deport them.

On the positive note, they can not deport you because you are not working for the original petitioner.
Good luck.
Quote:
Originally Posted by when View Post
Dear japs19,

If one were to port using AC21 and inform USCIS about the change, why would they still harass?

Did you change employers under AC21 (485) and/or did notify USCIS?

I very much appreciate your insight

Thank you & Regards
when
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  #13 (permalink)  
Old 02-26-2008, 01:59 PM
Senior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
United States
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Dec 2007
Posts: 115
lotsofspace is a glorious beacon of light lotsofspace is a glorious beacon of light lotsofspace is a glorious beacon of light lotsofspace is a glorious beacon of light lotsofspace is a glorious beacon of light
Default

Quote:
Originally Posted by japs19 View Post
Regardless of one using AC21 or not, CBP officer can ask the same question and harass if they want. There is no law to begin with that defines that you have to be working for the petitioner when one is filing for AOS or any stage of GC process. GC based on employment is for "future" employment.

Ethically it makes sense to work for the employer who you will be working on a "long" term project and who wants you to get permanent residency. There is no agreement or obligation that restricts employee to reject the employment in the future or employee to not return and that in eyes of CBP officers is a FRAUD.

I have read blogs where people write that they were told to sit for 2-3 hours before they returned the stamped document and same question was asked them and it took them 2-3 hours to figure out whether to let those guys in or deport them.

On the positive note, they can not deport you because you are not working for the original petitioner.
Good luck.

This is such a painful process. Why do we have to go through 3 to 6 hours process when the law allows us to change employers after 180 days ? I see although law allows us to change the employers after 180 days, there is no process around it. It would have been nice , if there was a provision where you inform about the usage of AC21 and USCIS sends an acknowledgment of that, which you will be able to use at POE.

Is this some thing IV can add to their objectives ?
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  #14 (permalink)  
Old 02-26-2008, 03:15 PM
Senior Member
Priority Date
:
Mar-05
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
Compare
Join Date: Jul 2006
Posts: 389
Blog Entries: 1
EndlessWait is a jewel in the rough EndlessWait is a jewel in the rough EndlessWait is a jewel in the rough EndlessWait is a jewel in the rough
Default if one uses AC21...doesn't the sponsoring employer change

i'm curious. isn't the new employer after using AC21 the new sponsorer..so why not say yes to when they ask , if one is working for the sponsored employer.
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  #15 (permalink)  
Old 02-26-2008, 03:21 PM
Senior Member
Priority Date
:
Aug-04
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: May 2006
Posts: 247
nonimmi is just really nice nonimmi is just really nice nonimmi is just really nice nonimmi is just really nice
Default

Quote:
Originally Posted by EndlessWait View Post
i'm curious. isn't the new employer after using AC21 the new sponsorer..so why not say yes to when they ask , if one is working for the sponsored employer.
That is interesting! I guess it is "legal" to say that.
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