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  #1 (permalink)  
Old 08-19-2008, 02:11 PM
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Default Advisory for AC 21 Change of Employment EB-485 Filers

Guys..here is one more reason why we should continue with our efforts on getting HR 5882 passed next month and not to stay low and be happy with our EAD and AP.

AC 21 portability of approved I-140 after 180 days of I-485 filing growingly faces challenges at two different levels. Currently most of the ported EB-485 waiters have reserved their proactive report of porting since the Yates AC 21 Memorandum did not mandate proactive report of the change of employment. Until recently, these 485 applicants rarely received RFE before EB-485 was approved, and even when they received a RFE, the agency just requested to provide the evicence of continuous existence of proffered employment. When the original employer had withdrawn the approved I-140 petition, sometimes these applicants received a Notice of Intent to Deny I-485 application giving an opportunity for the I-485 applicants to submit the AC 21 portability evidence. Usually submission of basic threshold evidence in response to such RFE resulted in approval of the I-485 applications. However, lately we see increasing RFEs demanding a whole list of evidence in the event the applicant ported and changed employment. The request for evidence far exceeds their traditional practice. They even demand new updated G-325A, all the W-2s, paycheck copies, details of the new job including specific job title, description of duties, educational/experience requirement, wages, and much more. This is a sort of new challenge for the AC 21 ported EB-485 waiters who have reserved reporting of change of employment.
The second potential challenge involves potential revisitation of approvability of I-485 applications when they apply for naturalization application after five years in permanent residence. As part of the naturalization application, the agency requires the applicants to disclose the employment and addresses for the past five years immediately preceding filing of naturalization application. For EB-485 applicants, the adjudicator of the naturalization applications can notice the name of different employer at the time the applicant's I-485 was approved and may need to explore potential error in the approval of the I-485 applications. The issue of revocability of the approved I-485 applications include the question of whether the adjudicator would have approved I-485 applications, had the adjudicators learned that the alien was not working for the sponsoring employer. The adjudicators may explore this issue through the interviews at the local field offices.
Because of the changing environment, it may be prudent or even imperative for the EB-485 applicants who failed to report AC 21 change of employment to preserve the evidence of eligibility of AC 21 portability before AND after the green card approval not to face any serious consequences years after approval of the green card approvals. They should not destroy such evidence at least until after they file the naturalization applications.

(From OH Law)
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  #2 (permalink)  
Old 08-19-2008, 03:26 PM
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Default

This is scary.
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  #3 (permalink)  
Old 08-19-2008, 04:17 PM
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raghav235 will become famous soon enough
Default Be cautiuos!!

Though it is bit scary, whoever invokes AC21 must prepare to submit all the documentation when needed.

As per the information in the below article, make sure you all have the follwoing documents for future RFEs. I am just putting my thoughts/assumptions for what probable reasons the below documets may needed.

1) Updated G-325A:USCIS uses this information to check the background check.

2) All the W-2s: I strongly suggest to keep all of them as these are the only documents that matches the salary that your employer mentioned in the labor when they filed the Labor.

3) Paycheck copies: I assume, the paychecks are for proof for 180day ruls of Ac 21. You can say to USCIS that you have stayed with your sponsoring employer for 180 days. You can provide the paystubs for the period and support these 180 day rule.

4) Details of the new job including specific job title: As this is mandatory to interfile AC21. This will fall under "Same/Similar" clause of Ac21.

5) Educational/Experience requirement: Not sure why???? any thoughts??

6) Wages: as this varies from region to region, a significant difference may cause some problems. However, as per the previous postings it has got very minimal effect.

Friends pls share your thoughts for each category, that will be useful for many people.

Thanks
Raghav235




Quote:
Originally Posted by imm_pro View Post
Guys..here is one more reason why we should continue with our efforts on getting HR 5882 passed next month and not to stay low and be happy with our EAD and AP.

AC 21 portability of approved I-140 after 180 days of I-485 filing growingly faces challenges at two different levels. Currently most of the ported EB-485 waiters have reserved their proactive report of porting since the Yates AC 21 Memorandum did not mandate proactive report of the change of employment. Until recently, these 485 applicants rarely received RFE before EB-485 was approved, and even when they received a RFE, the agency just requested to provide the evicence of continuous existence of proffered employment. When the original employer had withdrawn the approved I-140 petition, sometimes these applicants received a Notice of Intent to Deny I-485 application giving an opportunity for the I-485 applicants to submit the AC 21 portability evidence. Usually submission of basic threshold evidence in response to such RFE resulted in approval of the I-485 applications. However, lately we see increasing RFEs demanding a whole list of evidence in the event the applicant ported and changed employment. The request for evidence far exceeds their traditional practice. They even demand new updated G-325A, all the W-2s, paycheck copies, details of the new job including specific job title, description of duties, educational/experience requirement, wages, and much more. This is a sort of new challenge for the AC 21 ported EB-485 waiters who have reserved reporting of change of employment.
The second potential challenge involves potential revisitation of approvability of I-485 applications when they apply for naturalization application after five years in permanent residence. As part of the naturalization application, the agency requires the applicants to disclose the employment and addresses for the past five years immediately preceding filing of naturalization application. For EB-485 applicants, the adjudicator of the naturalization applications can notice the name of different employer at the time the applicant's I-485 was approved and may need to explore potential error in the approval of the I-485 applications. The issue of revocability of the approved I-485 applications include the question of whether the adjudicator would have approved I-485 applications, had the adjudicators learned that the alien was not working for the sponsoring employer. The adjudicators may explore this issue through the interviews at the local field offices.
Because of the changing environment, it may be prudent or even imperative for the EB-485 applicants who failed to report AC 21 change of employment to preserve the evidence of eligibility of AC 21 portability before AND after the green card approval not to face any serious consequences years after approval of the green card approvals. They should not destroy such evidence at least until after they file the naturalization applications.

(From OH Law)
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  #4 (permalink)  
Old 08-19-2008, 06:57 PM
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desi485 has a reputation beyond repute desi485 has a reputation beyond repute desi485 has a reputation beyond repute desi485 has a reputation beyond repute desi485 has a reputation beyond repute desi485 has a reputation beyond repute desi485 has a reputation beyond repute desi485 has a reputation beyond repute desi485 has a reputation beyond repute desi485 has a reputation beyond repute desi485 has a reputation beyond repute
Default did you get an LUD today?

Quote:
Originally Posted by raghav235 View Post
Though it is bit scary, whoever invokes AC21 must prepare to submit all the documentation when needed.

As per the information in the below article, make sure you all have the follwoing documents for future RFEs. I am just putting my thoughts/assumptions for what probable reasons the below documets may needed.

1) Updated G-325A:USCIS uses this information to check the background check.

2) All the W-2s: I strongly suggest to keep all of them as these are the only documents that matches the salary that your employer mentioned in the labor when they filed the Labor.

3) Paycheck copies: I assume, the paychecks are for proof for 180day ruls of Ac 21. You can say to USCIS that you have stayed with your sponsoring employer for 180 days. You can provide the paystubs for the period and support these 180 day rule.

4) Details of the new job including specific job title: As this is mandatory to interfile AC21. This will fall under "Same/Similar" clause of Ac21.

5) Educational/Experience requirement: Not sure why???? any thoughts??

6) Wages: as this varies from region to region, a significant difference may cause some problems. However, as per the previous postings it has got very minimal effect.

Friends pls share your thoughts for each category, that will be useful for many people.

Thanks
Raghav235
Raghav, it seems that ppl are bz checking LUDs. No one is paying any attentions to such an important thread. I opened a thread yesterday about CIS not publishing the processing dates, and instead got many 'RED' dots from the LUD checkers. :-)
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  #5 (permalink)  
Old 08-19-2008, 07:15 PM
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raghav235 will become famous soon enough
Default

Desi485, Never ever care about the RED dots as they do not make any sense. Please keep your good work and share more information.

Friends! please share your thoughts on each category above.

Thanks
Raghav235
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  #6 (permalink)  
Old 08-20-2008, 03:24 AM
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addsf345 has a reputation beyond repute addsf345 has a reputation beyond repute addsf345 has a reputation beyond repute addsf345 has a reputation beyond repute addsf345 has a reputation beyond repute addsf345 has a reputation beyond repute addsf345 has a reputation beyond repute addsf345 has a reputation beyond repute addsf345 has a reputation beyond repute addsf345 has a reputation beyond repute addsf345 has a reputation beyond repute
Angry scared? hell, yes

The more I think about this, these stupid issues are because of retrogression - and nothing else.

Imagine a scenario where all dates are current and everyone would get GC as soon as they file 485. Why the AC21 issue would even exist in first place?

couldn't we all be able to freely change the jobs then? All these descrimination because I was born in a so called retrogressed country

THIS IS NOT "JUSTICE", IT IS "UNFAIR" and more importantly, it also "DEFEATES" the very purpose of having AC-21 provision. (and ead, ap and so on...everything becomes useless)

AC21 came in to effect because an applicant should not be punished if for any reason CIS can't adjudicate his/her 485 within six months of filling. Now what is I am missing here?

Brothers...anyone? (and yes, I gave a Green dot to desi485. Thanks bro)
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  #7 (permalink)  
Old 08-20-2008, 06:32 AM
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Default

Quote:
Originally Posted by raghav235 View Post
Though it is bit scary, whoever invokes AC21 must prepare to submit all the documentation when needed.

As per the information in the below article, make sure you all have the follwoing documents for future RFEs. I am just putting my thoughts/assumptions for what probable reasons the below documets may needed.

1) Updated G-325A:USCIS uses this information to check the background check.

2) All the W-2s: I strongly suggest to keep all of them as these are the only documents that matches the salary that your employer mentioned in the labor when they filed the Labor.

3) Paycheck copies: I assume, the paychecks are for proof for 180day ruls of Ac 21. You can say to USCIS that you have stayed with your sponsoring employer for 180 days. You can provide the paystubs for the period and support these 180 day rule.

4) Details of the new job including specific job title: As this is mandatory to interfile AC21. This will fall under "Same/Similar" clause of Ac21.

5) Educational/Experience requirement: Not sure why???? any thoughts??

6) Wages: as this varies from region to region, a significant difference may cause some problems. However, as per the previous postings it has got very minimal effect.

Friends pls share your thoughts for each category, that will be useful for many people.

Thanks
Raghav235
many of these also apply if you are not using AC-21. Basically it all boils down to the IO. If he thinks you might have been out of status sometime, and decides to dig in, then yuo need to come up with all that documentation... does not matter whether you used AC-21 or not.
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  #8 (permalink)  
Old 08-20-2008, 06:35 AM
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Default

Quote:
Originally Posted by addsf345 View Post
The more I think about this, these stupid issues are because of retrogression - and nothing else.

Imagine a scenario where all dates are current and everyone would get GC as soon as they file 485. Why the AC21 issue would even exist in first place?
actually its not that simple. I have been on and off tracking EB immigration for almost 8 years now, and in every timeperiod there have been bottlenecks. The bottlenecks have moved around, but the process overall has remained screwed up.

LC used to take many many years, then PERM was brought in to speed things up. PERM was very fast in 2005/2006, not its all bogged down in audits again. I-140 approval used to take 18 months, then premium processing came, and now again thats gone, and we are back to 12-18 months. Pre-retrogression people would get stuck in namecheck, now that the name-check requirement has gone, dates (esp EB3-India) are not moving fast. And even if they do (EB2-india Aug/Sept) approvals are not flowing in fast enough (NSC especially)
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  #9 (permalink)  
Old 08-20-2008, 06:12 PM
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addsf345 has a reputation beyond repute addsf345 has a reputation beyond repute addsf345 has a reputation beyond repute addsf345 has a reputation beyond repute addsf345 has a reputation beyond repute addsf345 has a reputation beyond repute addsf345 has a reputation beyond repute addsf345 has a reputation beyond repute addsf345 has a reputation beyond repute addsf345 has a reputation beyond repute addsf345 has a reputation beyond repute
Unhappy nice analysis

Quote:
Originally Posted by meridiani.planum View Post
actually its not that simple. I have been on and off tracking EB immigration for almost 8 years now, and in every timeperiod there have been bottlenecks. The bottlenecks have moved around, but the process overall has remained screwed up.

LC used to take many many years, then PERM was brought in to speed things up. PERM was very fast in 2005/2006, not its all bogged down in audits again. I-140 approval used to take 18 months, then premium processing came, and now again thats gone, and we are back to 12-18 months. Pre-retrogression people would get stuck in namecheck, now that the name-check requirement has gone, dates (esp EB3-India) are not moving fast. And even if they do (EB2-india Aug/Sept) approvals are not flowing in fast enough (NSC especially)
I agree with you for the most part. At this point, as you said in your post, most other issues are towards improvements, retrogression still sucks!
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