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  #61 (permalink)  
Old 04-21-2015, 12:22 AM
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So I want to heartily thank IV's efforts over the years. I've been to advocacy recently and have seen how effective it can be. I'm happy that many of my compatriots can potentially apply and get an EAD and get out of the H1 cycle.

That being said, this news personally makes me depressed. After doing a lot of waiting, at a job I was under appreciated and underpaid at, I moved to a much better company, with great prospects and superb salary. My PERM is ongoing though. From the sounds of it, looks like dates may become current of some sort for a brief period aka 2007 . Since I have no approved PERM and have no intention go back to my previous employer, I can't really use my old approved I 140... So yet again I'm getting the shaft. It seems like no matter what I do, I get screwed by the immigration system.

And if this happens, why wold USCIS want to do any admin fixes at all, especially since they probably are getting immense pressure from employers? And after things went current for a while, retrogression was so bad that it took years for dates to move.

So... I don't begrudge anyone their good fortune, but this seems like free 75% of the slaves while employers get to keep 25%. Better than status quo I guess, but not really great for the 25% (and everyone getting employed now of course.) and those 25% are utterly screwed ... Guess what the newly minted 75% are going to do with their EADs? Why, forget about all the problems of the past and blissfully go on with their lives! Witness how the H4 spouses already have disappeared off the scene after their EADs got passed.

American immigration system, where you just can't win, even if you win.
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  #62 (permalink)  
Old 04-21-2015, 01:31 AM
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Thumbs up AOS Eligibility for Future PERM approved?

Firstly I wanted to say big big thanks to your team.

Here is my question.

I have my PERM approved three month before by future employer. Yet to file I-140.

Am I eligible for concurrent filing or Do I need to get my I-140 approved?

Do I need to be in future employer's payroll for applying AOS?

Please advise, Thanks in advance.
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  #63 (permalink)  
Old 04-21-2015, 08:55 AM
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I have questions about birth certificate. My local language birth certificate has my mother's first name only (with full name of my father and my first name). Do i need affidavit from my mother for this?

I have translated copy where translation was done by notary himself. But it is not mentioned that he is fluent in english and local language. Do i need one more translated copy?
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  #64 (permalink)  
Old 04-21-2015, 10:39 AM
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Quote:
Originally Posted by Administrator2 View Post
Under the current system, you cannot use approved I-140 from previous employer to file AOS. But you could file AOS from your old employer. All you need from your old employer is the letter from employer (please look for the letter format above).
Hi Administrator/Pappu,

There are many people like this, who have changed their jobs after applying I140 from their previous employer and their I140 is still valid.

I am also in same boar, I140 is still valid from previous employer and I have changed job, but my new employer has not start GC process yet. What is the best bet for me now ?

Can I apply for I-485 using old I140 approval if I get old employer's letter ?

Any input will be appreciated.
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  #65 (permalink)  
Old 04-21-2015, 11:12 AM
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How will porting work in this case? for primary or secondary applicant?If secondary applicant has an applciation in EB2 but currently on AOS of primary applicant (backlogged in EB3 2004)
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  #66 (permalink)  
Old 04-21-2015, 11:21 AM
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Quote:
Originally Posted by moon_walker333 View Post
I have a question which I suppose would be applicable to hundreds of others in the same situation. I have I-140 approved for few years now, in EB2 category, with my employer which is a typical consulting company. I have not changed any jobs based on approved I-140 to just play it safe. Now, if this mentioned immigration fix (EAD for I-140 and advance filing of AOS/I-485) is implemented, then all of these consulting companies will lose their grip on the H1B visa employees, who have been stuck to them due to GC backlog and lack of safe way to change employer. My question is, once this fix goes live, do we still have to file for EAD and I-485 through our employer's attorney or is it something which we will be able to do on our own without informing the employer? The reason for this question is that the employers may turn to be reluctant to apply for these privileges for their employees knowing that the employee will be more likely to jump to another employer after these privileges are granted.
I will appreciate if IV Administrator can answer this question. Thanks in advance.
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  #67 (permalink)  
Old 04-21-2015, 12:38 PM
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Quote:
Originally Posted by moon_walker333 View Post
First of all Congratulations and Thanks a ton to IV leaders for all these great immigration fixes happening and progressing lately. This is really an exciting time.

I have a question which I suppose would be applicable to hundreds of others in the same situation. I have I-140 approved for few years now, in EB2 category, with my employer which is a typical consulting company. I have not changed any jobs based on approved I-140 to just play it safe. Now, if this mentioned immigration fix (EAD for I-140 and advance filing of AOS/I-485) is implemented, then all of these consulting companies will lose their grip on the H1B visa employees, who have been stuck to them due to GC backlog and lack of safe way to change employer. My question is, once this fix goes live, do we still have to file for EAD and I-485 through our employer's attorney or is it something which we will be able to do on our own without informing the employer? The reason for this question is that the employers may turn to be reluctant to apply for these privileges for their employees knowing that the employee will be more likely to jump to another employer after these privileges are granted.
If the concern is fear of employer and ability to file I485 without the employer then the choices under the existing law is to either file in EB1a/ investment greencard or family greencard.

In the employment based greencard for your EB2 where your employer has filed a petition for you because the employer has not found any US citizen qualified to do the job you are doing, by saying that you want to bypass the employer you are going against the intent of the law. The greencard law is made for employers to hire employees for a longer term and this is why it is called employment based greencard.

For self filing/point based system etc there needs to be a new law made by completely changing the existing law. It requires a huge effort.

If the concern is employers who take advantage of employees, then the first step to work against such employers is to become fearless. Fear breeds more fear and exploitation. Each one of us need to stand up for ourselves and for others like us in the community. We should not be concerned just for our greencard but finding the solution for the problem for all of us even after getting our greencard.

Immigration voice has advocated for many fixes that empower employees so that they cannot be exploited. We have been doing a lot of meetings, made several presentations, fought a whole lot. It is time that everyone joins hands to fight it together instead of spending time tracking, predicting and squabbling over petty issues on the web. Everything is possible if there is a strong will and a strong support of the community.
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  #68 (permalink)  
Old 04-21-2015, 12:44 PM
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Thanks IV team for the heads up. Without asking any questions, I will prepare the docs as you guys said. Well done!
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  #69 (permalink)  
Old 04-21-2015, 12:57 PM
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Default Thanks Pappu!

Quote:
Originally Posted by pappu View Post
If the concern is fear of employer and ability to file I485 without the employer then the choices under the existing law is to either file in EB1a/ investment greencard or family greencard.

In the employment based greencard for your EB2 where your employer has filed a petition for you because the employer has not found any US citizen qualified to do the job you are doing, by saying that you want to bypass the employer you are going against the intent of the law. The greencard law is made for employers to hire employees for a longer term and this is why it is called employment based greencard.

For self filing/point based system etc there needs to be a new law made by completely changing the existing law. It requires a huge effort.

If the concern is employers who take advantage of employees, then the first step to work against such employers is to become fearless. Fear breeds more fear and exploitation. Each one of us need to stand up for ourselves and for others like us in the community. We should not be concerned just for our greencard but finding the solution for the problem for all of us even after getting our greencard.

Immigration voice has advocated for many fixes that empower employees so that they cannot be exploited. We have been doing a lot of meetings, made several presentations, fought a whole lot. It is time that everyone joins hands to fight it together instead of spending time tracking, predicting and squabbling over petty issues on the web. Everything is possible if there is a strong will and a strong support of the community.
Thanks pappu, for taking time to elaborate the scenario and answering my question. What you said totally makes sense. Keep up the good work and I will surely do my part too.
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  #70 (permalink)  
Old 04-21-2015, 01:04 PM
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Just want to add.. what a timing by IV to share this important info. April 20th, exactly 5 months from Nov 20th..

Cant wait for May 20th, June 20th, .....until the day the cause becomes an achievment!
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  #71 (permalink)  
Old 04-21-2015, 01:38 PM
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Default AOS if in India

I have EB3 PD 2012, I140 approved. Unfortunately I planned for 5 month India visit starting next week. Pls suggest if I have any options to continue with AOS (being in India) if it happens in this window. (I must also go thru stamping when I am there)
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  #72 (permalink)  
Old 04-21-2015, 02:31 PM
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Quote:
Originally Posted by Administrator2 View Post
Under the current system, you cannot use approved I-140 from previous employer to file AOS. But you could file AOS from your old employer. All you need from your old employer is the letter from employer (please look for the letter format above).
Hello Admin, in this case, if we get a letter from old employer (if agreed to support), can we stay with the new/current employer and file AOS using old employer letter?
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  #73 (permalink)  
Old 04-21-2015, 03:37 PM
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Quote:
Originally Posted by immigrant2007 View Post
How will porting work in this case? for primary or secondary applicant?If secondary applicant has an applciation in EB2 but currently on AOS of primary applicant (backlogged in EB3 2004)
ANyone having any idea if the above will be impacted or will remain same?
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  #74 (permalink)  
Old 04-21-2015, 03:38 PM
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Quote:
Originally Posted by EB3I2012 View Post
I have EB3 PD 2012, I140 approved. Unfortunately I planned for 5 month India visit starting next week. Pls suggest if I have any options to continue with AOS (being in India) if it happens in this window. (I must also go thru stamping when I am there)
Fir flilng AOS, one must be in the U.S.
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  #75 (permalink)  
Old 04-21-2015, 03:41 PM
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Quote:
Originally Posted by immigrant2007 View Post
ANyone having any idea if the above will be impacted or will remain same?
I am not sure if you question is clear. This new fix changes nothing related to your situation. At some point if the EB2 PD is current, you should consult a lawyer and try to change the basis of the I-485 using the EB2 applicant as the primary. In other words, for you special case, you need special guidance from a lawyer when the time comes.
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