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  #1 (permalink)  
Old 01-29-2010, 02:05 PM
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Default Announcement:IV would like to help with AC21 cases

Public announcement

Immigrationvoice would like to reach out to its community to find out if they are facing any problem with AC21 related issues or had faced any such issue in the past. If you had received a denial of your application for example not having the same designation/ different salary/different location etc... please contact and we would like to assist. This would also help us try solve the larger issue of restrictions on applicants during their greencard journey where they are bound with employers, salary, designation, narrow occupation field etc.

Please contact us at info at immigrationvoice.org

Do post this information on other forums so that we can help out others in need on this issue.
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Last edited by pappu; 01-30-2010 at 08:12 AM.
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  #2 (permalink)  
Old 01-30-2010, 08:12 AM
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/\/\/\
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  #3 (permalink)  
Old 01-30-2010, 10:58 PM
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Default USCIS Ac21 guidelines

Can you pls post the USCIS guidelines on AC21 on this thread.
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  #4 (permalink)  
Old 01-30-2010, 11:43 PM
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Default What can you do on AC21?

Quote:
Originally Posted by pappu View Post
/\/\/\

This is for a broader discussion.

Is it possible to move from Tech Consulting to Strategy Consulting or from Tech Consulting to Finance (I-Banking, Trading, Coporate Finance) related jobs on AC21. Non-availability of visa numbers should not be a roadblock to somebody's career aspirations.

Thanks.
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  #5 (permalink)  
Old 02-06-2010, 04:07 PM
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Default AC21 - wrongful denial of 485 help

I am looking for help in wrongful I485 denial of 485 with AC21 .

below is my situation .

Company A :
Pd: 12/31/2003
Category : EB2 India
Labor cert approved : 3/30/2004
I 140 RD : 4/13/2006
I140 approved DT: 9/21/2006
I 485 sent : 7/2/2007
I 485 RD : 7/5/2007
I485 ND : 7/13/2007
Finger print : 9/2/2007

Company B :
joined Date: 2/14/2008 (after 6 months)
Filed AC21 by company attorney
contacted congressman's office when PD become current for more than a year but no approval. Got response that it is pending in extended review.

Left Company B to move South side because of health issue ( winter) .
Company B understood the situation and left in good terms with them.

Company C ( Full time )
joined Date: 12/14/2009
Used EAD .

I140 LUD: 1/29/2010
I485 denial email : 25/2010

Thanks
-vinod
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  #6 (permalink)  
Old 02-06-2010, 07:52 PM
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Default

Vinod,

As mentioned earlier in this thread send an email to info@immigrationvoice.com with your details.

Sameer
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  #7 (permalink)  
Old 02-06-2010, 09:25 PM
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Default

Please send us an email at info at immigrationvoice.org with the details of this denial so that we can look into your case.
__________________
Yes. I want to Contribute NOW| .. and also want to Join IV's State Chapters

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===================
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  #8 (permalink)  
Old 02-21-2010, 10:09 PM
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rlavari is on a distinguished road
Default

Quote:
Originally Posted by vinodmp View Post
i am looking for help in wrongful i485 denial of 485 with ac21 .

Below is my situation .

Company a :
Pd: 12/31/2003
category : Eb2 india
labor cert approved : 3/30/2004
i 140 rd : 4/13/2006
i140 approved dt: 9/21/2006
i 485 sent : 7/2/2007
i 485 rd : 7/5/2007
i485 nd : 7/13/2007
finger print : 9/2/2007

company b :
Joined date: 2/14/2008 (after 6 months)
filed ac21 by company attorney
contacted congressman's office when pd become current for more than a year but no approval. Got response that it is pending in extended review.

Left company b to move south side because of health issue ( winter) .
Company b understood the situation and left in good terms with them.

Company c ( full time )
joined date: 12/14/2009
used ead .

I140 lud: 1/29/2010
i485 denial email : 25/2010

thanks
-vinod
what is the reason of denied. Do you wrote a nice ac21 letter with job discription with sec code. Also letter from new employer ?
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  #9 (permalink)  
Old 02-21-2010, 10:31 PM
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rlavari is on a distinguished road
Default Ac21 while 140 pending, more than 900 days pass now

Quote:
Originally Posted by pappu View Post
Public announcement

Immigrationvoice would like to reach out to its community to find out if they are facing any problem with AC21 related issues or had faced any such issue in the past. If you had received a denial of your application for example not having the same designation/ different salary/different location etc... please contact and we would like to assist. This would also help us try solve the larger issue of restrictions on applicants during their greencard journey where they are bound with employers, salary, designation, narrow occupation field etc.

Please contact us at info at immigrationvoice.org

Do post this information on other forums so that we can help out others in need on this issue.
i send email as requested, also my application has been pending for more then 900 days with out any update back on forth in stage say interview never get letter NOID i dont understand what is going on with USCIS
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  #10 (permalink)  
Old 02-22-2010, 09:12 PM
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Default

Quote:
Originally Posted by cnachu2 View Post
Hi All,

I filed my I485 in 08/05 and my labor date is 07/05 in perm. My I140 got approved in 2007.
I was in bench for around 6 months in 2008 starting from Jan 1st to 06/20th. I took full time position in last week of 06/08 and continuing in the same job. I got RFE on my I485 and asked for employment verification in 12/09. My attorney replied with presnt employment letter and applied for AC21 also at the same time. Now i got another RFE asking for last 5 years employment letter, w-2 forms and tax returns.

Can some one please let me know how i can handle the period that i was in bench in 2008.

Thanks,
Chandra.
If you entered US on a valid Visa through a POE after June 2008, you are covered. You need to prove your legal status only since your last entry to US (Entering using AP does not count). If your employer didn't pay on bench, that is your employer's problem.

Some links:

http://www..com/immigration-...zed-employment

http://www.cyrusmehta.com/Print_Prev.aspx?SubIdx=1290

Last edited by gc28262; 02-22-2010 at 09:49 PM.
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  #11 (permalink)  
Old 02-22-2010, 09:29 PM
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Default

Quote:
Originally Posted by cnachu2 View Post
Hi All,

I filed my I485 in 08/05 and my labor date is 07/05 in perm. My I140 got approved in 2007.
I was in bench for around 6 months in 2008 starting from Jan 1st to 06/20th. I took full time position in last week of 06/08 and continuing in the same job. I got RFE on my I485 and asked for employment verification in 12/09. My attorney replied with presnt employment letter and applied for AC21 also at the same time. Now i got another RFE asking for last 5 years employment letter, w-2 forms and tax returns.

Can some one please let me know how i can handle the period that i was in bench in 2008.

Thanks,
Chandra.
Follow the advise of your lawyer.

Following is my take on this (I am not a lawyer):

- I dont think you need to have "continuous employment". (I am assuming that you were not any employement visa (H1) during the "bench period"
- You already have EVL letter that states that "a permanent job -same or similar- is ready for you once you get your GC"--that is your AC21
- Your 485 was filed way before "bench period".
- During the bench period if you were only with "pending 485 authorized period of stay" (ie. not on H visa), you were not "required" to maintain employment any way. (If you were on any employment visa, you are out of status during that period).

So my advise: Just submit all the documents related to your employment history. Do not lie or falsify any information. You will be just fine.

Again, this is just my opinion. Follow the lawyer's advise.

Good Luck.
__________________
PERM filed: Feb 2008 Chicago Processing Center
PERM approved: March 2008
I 140 filed: April 2008 Nebraska Service Center
I 140 approved: Sep 2008 Nebraska Service Center
EB1A: I 140 filed: July 2009. Approved 12/09
EB2 NIW: I 140 filed: July 2009. Approved 12/09
I-485 filed Dec 2009
I-485 approved April 2010
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  #12 (permalink)  
Old 02-23-2010, 09:08 AM
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cnachu2 will become famous soon enough
Default Thank you

Thank you to both of you for responding. I entered in to US 5 years ago and i am here since then.
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  #13 (permalink)  
Old 02-23-2010, 10:21 AM
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The way i see it, they've asked for past emp letter with tax forms and some w2s.

None of those would indicate that you were on the bench.

The emp letter should basically just indicate your dates for employment - start/end date, designation, duties and perhaps salary. that's all.
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  #14 (permalink)  
Old 02-23-2010, 10:30 AM
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Default

Quote:
Originally Posted by pappu View Post
Public announcement

Immigrationvoice would like to reach out to its community to find out if they are facing any problem with AC21 related issues or had faced any such issue in the past. If you had received a denial of your application for example not having the same designation/ different salary/different location etc... please contact and we would like to assist. This would also help us try solve the larger issue of restrictions on applicants during their greencard journey where they are bound with employers, salary, designation, narrow occupation field etc.

Please contact us at info at immigrationvoice.org

Do post this information on other forums so that we can help out others in need on this issue.
Reiterating what Pappu said, I had a discussion with the IV Coordinator and she advised that IV wants to help the community on these issues.

If anyone is worried about their AC21 change (already made or planning to make the change), if you have some fears about how your particular situation will be handled, say getting a denial or issues at port of entry etc.... please post on this thread.
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  #15 (permalink)  
Old 02-23-2010, 10:39 AM
Senior Member
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Default

Quote:
Originally Posted by cnachu2 View Post
Hi All,

I filed my I485 in 08/05 and my labor date is 07/05 in perm. My I140 got approved in 2007.
I was in bench for around 6 months in 2008 starting from Jan 1st to 06/20th. I took full time position in last week of 06/08 and continuing in the same job. I got RFE on my I485 and asked for employment verification in 12/09. My attorney replied with presnt employment letter and applied for AC21 also at the same time. Now i got another RFE asking for last 5 years employment letter, w-2 forms and tax returns.

Can some one please let me know how i can handle the period that i was in bench in 2008.

Thanks,
Chandra.
Facts:
Labor: July 2005
485 File Date: Aug 2005
I 140 Approve Date: 2007
On Bench: Jan 2008 to Jun 20th 2008
Working with new employer since: June 2008
RFE: Dec 2009 (for EVL) filed AC21
second RFE on last 5 yr employement, W2 and Tax returns

Instead of Assumtions, answer the following questions may be others can give some guidance before you talk to your attorney

Questions:
1. When did you start using EAD

2. If you were on H1 before Jun 2008, then did you file taxes for the appropriate amount for 2008. if not you have an option of tax amendement and you can talk to your previous employer and if he does not agree you can file a case on him and he has to do back wages and that if fine according to law.

If you filed taxes appropriate to 2008 then you are just fine

talk to your attorney about back wages and he can send a letter to your previous employer or you can talk to your previous employer in case you missed taxes in 2008 assuming you were on H1 else if you have used EAD for half the period then you should be able to show taxes for first half.

Please provide all the facts before some one can help

good luck and keep posted with updates
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