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nuke
01-03-2007, 03:58 PM
I think its good idea to try to add just one demand i.e. I-485 filing provision without current priority date into Supplemental resolution bill. But I think it will be really nice to try to get ability to change employer without waiting for six months(after filing 485) into the bill also. So that person can invoke AC21 without waiting for six months. I think both of these provisions go hand in hand.

Does anybody know when the next session is starting and when are they going to start discussing this bill and when will we be able to find out if our provisions are there or not?

vgayalu
01-03-2007, 04:26 PM
Thursday, Jan 4, 2007.

liorsal
01-03-2007, 04:28 PM
i think tomorrow, but i am not shore sure

GCard_Dream
01-03-2007, 04:36 PM
I am sure we'll all hear from IV core team when it's time to start our phone and fax campaign in support of this or any other beneficial EB provisions to be included in the supplemental bill, if it ever happens of course.

I believe this is where IV stands in terms of strategy:

For minor/intermediate relief: Supplemental bills.
For major relief: SKILL Bill
For everything else: There is CIR :D

GotGC??
01-03-2007, 04:47 PM
Webfax: $0
Contribution to IV: $100
Coercing your friends to join & contribute: $240
Getting a GC: Priceless


I am sure we'll all hear from IV core team when it's time to start our phone and fax campaign in support of this or any other beneficial EB provisions to be included in the supplemental bill, if it ever happens of course.

I believe this is where IV stands in terms of strategy:

For minor/intermediate relief: Supplemental bills.
For major relief: SKILL Bill
For everything else: There is CIR :D

GCard_Dream
01-03-2007, 05:06 PM
That sounds about right except "Contribution to IV" may have to increase from $100 to something more or every single member needs to contribute, which unfortunately isn't happening.

I am not sure what non-contributing members are waiting for. May be they need to ask their financial advisor if few hundred dollars of investment for their greencard isn't the best investment they can ever make. We would rather pay thousands of dollars in visa extensions but wouldn't contribute hundred dollars to IV so that we can have a GC faster. If this is not poor money management, I wonder what is.

Webfax: $0
Contribution to IV: $100
Coercing your friends to join & contribute: $240
Getting a GC: Priceless

pappu
01-03-2007, 05:27 PM
Webfax: $0
Contribution to IV: $100
Coercing your friends to join & contribute: $240
Getting a GC: Priceless
nice one!
you should be in advertising.

go2roomshare
01-03-2007, 06:13 PM
I am not sure the supplimental bill helps much to provide relief. it would basically create bunch of more backlogs at CIS and would even make 6 months to 1 year for EAD appoval , causing more backlog.

GCBy3000
01-03-2007, 06:49 PM
It will help. I will give you an practical example.

I filed my GC two months later than my colleagues. Fortunately they filed 485 and hit the retrogression. I did not get to that step. Now it is almost two years after they have filed their 485. Just because they have crossed that stage, they are considered for promtion and I am not though I have better experience and certifications. They bought houses and their spouses work.

My company is ready to promote me to higher position if I can cross that 180days mark after 485 filing. If I had promoted to leadership / managerial position, it would weigh more when I apply for MBA. I will have lesser headache at home if my spouse can work and lot more.

The best part of filing is, you could get EAD even if the 485 is pending and backlogged. You have to do nothing other than filing to get all the above perks. No need to get it approved. Let it get stuck anywhere, none can predict that. You have to cross this stage no matter what and why not at the earliest. No one can assure you even after the SKIL/CIR passage that you will not get stuck with name check / RFE /USCIS backlog etc. Why to wait then?

I am not sure the supplimental bill helps much to provide relief. it would basically create bunch of more backlogs at CIS and would even make 6 months to 1 year for EAD appoval , causing more backlog.

logiclife
01-03-2007, 07:04 PM
If your 485 is filed and you have spent 180 days after that, then the AC21 portability allows you to change employers and change job locations but not the job description.

Even after 180 days on 485 stage, you can use EAD to change employers as many times as you want and get jobs in different cities/states but the job description should be the same -- which means that you cannot except promotions because promotions do change job descriptions.

I am pretty sure about this part and I have verified this part of AC21 portability with a lawyer before.(make that a very reputed and smart lawyer)

You may want to check this part before accepting that promotion.

For the derivative beneficiary, like the spouse who gets EAD because of primary applicant of 485, there are no restrictions though.

h1b_slave
01-03-2007, 09:09 PM
"invoke AC21 without waiting for six months" - I completely agree , that is a great idea if IV feels it is not asking for too much in one bill.

I think its good idea to try to add just one demand i.e. I-485 filing provision without current priority date into Supplemental resolution bill. But I think it will be really nice to try to get ability to change employer without waiting for six months(after filing 485) into the bill also. So that person can invoke AC21 without waiting for six months. I think both of these provisions go hand in hand.

Does anybody know when the next session is starting and when are they going to start discussing this bill and when will we be able to find out if our provisions are there or not?

pcs
01-03-2007, 09:26 PM
Can you get AC 21 advantage if you just wait ( NOT WORK in case of a friendly past employer) after filing 485 ?

Is it necessary to work for 180 days ?


If working for 180 days is not required then, one can work for someone else on H1B & file 485 from the past employer. After 180 days of filing, one could use AC21 to move from one job to another.

Can some one give expert advise ?


Thanks

raju123
01-03-2007, 09:35 PM
I think, last week, two threads were locked due to very hot discussion on this issue. This discussion will create more heat again.


"invoke AC21 without waiting for six months" - I completely agree , that is a great idea if it is not asking for too much.

h1b_slave
01-03-2007, 11:00 PM
I think, last week, two threads were locked due to very hot discussion on this issue. This discussion will create more heat again.

i guess my post was mis-interpreted so i have modified it to clarify it. what i meant was if IV considers it is not asking for too much - they feel it will not jeopardise "ability to file 485" provision then having AC21 advantage without waiting for six months would be like "sone pe suhaga"

GCBy3000
01-04-2007, 10:56 AM
I have bunch of colleages who have filed 485 two years ago and they are all saying you can take different responsibilities. I thought they would have done better research on this one as they are at that stage. May be they are wrong.

I beleive their 485 is status is at "pending approval". Does anyone know what could be the possible final status for 485 during retrogression? This may be the decider for both AC21 and existing employer role change. Can anyone confirm this one?

If your 485 is filed and you have spent 180 days after that, then the AC21 portability allows you to change employers and change job locations but not the job description.

Even after 180 days on 485 stage, you can use EAD to change employers as many times as you want and get jobs in different cities/states but the job description should be the same -- which means that you cannot except promotions because promotions do change job descriptions.

I am pretty sure about this part and I have verified this part of AC21 portability with a lawyer before.(make that a very reputed and smart lawyer)

You may want to check this part before accepting that promotion.

For the derivative beneficiary, like the spouse who gets EAD because of primary applicant of 485, there are no restrictions though.

GCBy3000
01-04-2007, 12:01 PM
I checked with my company attorney, he says as below:

140 approved, 485 pending for more than 180 days and if they stay with the same employer, they could get promoted. The job description may be the real driver here. It changes only 20% and they keep all the originial provisions. The 20% extra is addition to their existing role, but the job title changes to lead role.

If your 485 is filed and you have spent 180 days after that, then the AC21 portability allows you to change employers and change job locations but not the job description.

Even after 180 days on 485 stage, you can use EAD to change employers as many times as you want and get jobs in different cities/states but the job description should be the same -- which means that you cannot except promotions because promotions do change job descriptions.

I am pretty sure about this part and I have verified this part of AC21 portability with a lawyer before.(make that a very reputed and smart lawyer)

You may want to check this part before accepting that promotion.

For the derivative beneficiary, like the spouse who gets EAD because of primary applicant of 485, there are no restrictions though.

Widget
01-04-2007, 12:22 PM
I have 2 questions, the first one is about changing the employer after 180 days, what do we need to change the employer? do we have to file any thing with DOL or INS? do we need to be sponsered by the new company?

The second question is about the ability of the spouse to work, what is needed for her to work? just getting EAD and he/she can work for any employer?

Thanks.


It will help. I will give you an practical example.

I filed my GC two months later than my colleagues. Fortunately they filed 485 and hit the retrogression. I did not get to that step. Now it is almost two years after they have filed their 485. Just because they have crossed that stage, they are considered for promtion and I am not though I have better experience and certifications. They bought houses and their spouses work.

My company is ready to promote me to higher position if I can cross that 180days mark after 485 filing. If I had promoted to leadership / managerial position, it would weigh more when I apply for MBA. I will have lesser headache at home if my spouse can work and lot more.

The best part of filing is, you could get EAD even if the 485 is pending and backlogged. You have to do nothing other than filing to get all the above perks. No need to get it approved. Let it get stuck anywhere, none can predict that. You have to cross this stage no matter what and why not at the earliest. No one can assure you even after the SKIL/CIR passage that you will not get stuck with name check / RFE /USCIS backlog etc. Why to wait then?

zCool
01-04-2007, 12:56 PM
A lot of times.. companies use this bugaboo of job desc etc.. Those that want to promote you badly enough will find a way.. First of all.. What your job title is v/s what labor is filed under is not directly related.. Secondly you can have matrix responsibilities that span across 2 bands etc.. So lot of times it's an excuse to not have to let you down hard way.. always easier to blame on that "damn immigration queue"

Caliber
01-04-2007, 01:12 PM
I have bunch of colleages who have filed 485 two years ago and they are all saying you can take different responsibilities. I thought they would have done better research on this one as they are at that stage. May be they are wrong. I beleive their 485 is status is at "pending approval". Does anyone know what could be the possible final status for 485 during retrogression? This may be the decider for both AC21 and existing employer role change. Can anyone confirm this one?
One of my friend's 485 was denied after 2.5 years. Their H1 was over and did not extend. Both Husband and wife were working on EAD and they never even had 1% doubt about not getting approved. The reason was that the base labor was already utilized by his employer for another employee and that guy got GC about 2 months before this guy. Incidentally both are friends and worked for the same company. But USCIS was kind enough to allow him to continue provided they file for new labor through Perm and they also got the Old PD. Then they applied in Perm through Sheela Murthy and then got their GC in almost like 45 days. This happenned about 8 months back. PLEASE REMEMBER THIS SITUATION. I am not sure if this is USCIS mistake for approving 140 for 2 people with the same labor. This still haunt's my friend's family as I remeber the day they got the rejection letter.

manderson
01-04-2007, 01:18 PM
If IV is successful with this 485 filing ability by 2/15 deadline thing... when does it become law and more importantly how soon can we file for 485 (before or after the CIR wars in Mach-September)?

shirish
01-04-2007, 01:20 PM
If IV is successful with this 485 filing ability by 2/15 deadline thing... when does it become law and more importantly how soon can we file for 485 (before or after the CIR wars in Mach-September)?


I guess it becomes law on or before 2/15, as Pres must sign these bills in to law on or before 2/15. Not sure when we can file for 485. :(

shirish
01-04-2007, 01:21 PM
If IV is successful with this 485 filing ability by 2/15 deadline thing... when does it become law and more importantly how soon can we file for 485 (before or after the CIR wars in Mach-September)?


By the way any idea, which bill this provision will be part of? and wen is it getting tabled?

GCBy3000
01-04-2007, 05:19 PM
Its law the day when it is signed by the president unless there is clause in the bill to postpone the impelmentation.

I guess it becomes law on or before 2/15, as Pres must sign these bills in to law on or before 2/15. Not sure when we can file for 485. :(

rajuram
01-04-2007, 09:05 PM
Is IV still trying for this or has there been a change in plans?

liorsal
01-04-2007, 10:54 PM
good question,an update will be halpful, we also want to know how we can halp in short term to get the 485 relief?

GCard_Dream
01-04-2007, 11:48 PM
Gentlemen, please do some research before posting questions that has been asked and answered many many times.

http://immigrationvoice.org/forum/showthread.php?t=2664

good question,an update will be halpful, we also want to know how we can halp in short term to get the 485 relief?

liorsal
01-05-2007, 12:38 AM
Gentlemen, please do some research before posting questions that has been asked and answered many many times.

http://immigrationvoice.org/forum/showthread.php?t=2664
o.k, but there is any update?

pappu
01-05-2007, 12:43 AM
pls update your information
get active in state chapter
participate in funding and membership drive
visit iv site regularly and when there is any update to share for our members Iv will post it.

WillIBLucky
01-05-2007, 08:59 AM
I surely may have missed something here. Has been a bill placed already that will allow us to file 485 and get EAD?
Sorry, I am really having tough time coming to IV these days.
Its law the day when it is signed by the president unless there is clause in the bill to postpone the impelmentation.