sirinme
09-30 10:30 AM
I'm currently on my 4th EAD & AP, and I used AC21 twice so far to switch jobs (similar job descriptions, including the specific technologies I worked on). On both occasions, I have not informed USCIS. My attorney said one is not legally required to do so, and that we could respond if there is any RFE.
But I also know that there are lot of attorneys out there who recommend informing USCIS about the job change. I don't personally know of anyone who have used AC21 and went on to get the green card, so I can't really tell which approach is better. In either case, make sure to have all relevant paper work with you - specifically the experience letters from old employers with proper job descriptions.
As for the salary increases when changing jobs, I did talk to more than one attorney about this. And what I heard consistently was that higher salary is not as much of a problem as lower salary could be. In my case, I had salary increases of more than 30% each time I changed jobs, and I am doing fine so far. Whether that becomes a problem for me or not, I will deal with it when it happens.
I traveled out of the country a couple of times using AP. On my return to US, at the port of entry (SFO), I was asked if I still worked for the company that originally sponsored my GC application. I told them I changed employers using AC21, and that I was not legally required to inform USCIS about the job change. And they let me go without causing any trouble. Not sure if anyone else had different experiences in such case, but the immigration officers at SFO seem to be somewhat easier to deal with (assuming you haven't done anything wrong, of course).
I did have trouble with AC21 once. I ended up having a gap between my 2nd and 3rd EADs (so did my wife too), as we tried to do too much 'optimization' of EADs. Well, we learned the hard way that 'optimization' effort is bad, as both of us had to stop working during the gap. It's not a very pleasant feeling having to explain our respective employers that we had such issue. We lost money too, as we couldn't be legally paid during the gap - in addition to the unnecessary stress. I wish USCIS issues EADs with longer validity period - something like 3 years (but I once heard Aman say that they couldn't do so due to a software glitch in their system!!). In any case, we are now filing for EAD renewals well in advance of the current one's expiry.
Other issues with AC21 that we faced are things like having to pay for EAD and AP renewals every year, which is quite expensive. I guess you could negotiate this with your new employer when changing jobs. And the sheer inability to change your job roles or take on more responsibilities (on paper too!) is frustrating, but that is more of a lengthy GC processing symptom than an AC21 issue.
All things considered, I think AC21 is good. It's got it's set of issues, especially if you don't use it wisely, but it at least lets you have some kind of progress in your careers. The way I see it, if there is no career progress, I can at least make more money. You got to gain something over years of waiting to keep you going!
But I also know that there are lot of attorneys out there who recommend informing USCIS about the job change. I don't personally know of anyone who have used AC21 and went on to get the green card, so I can't really tell which approach is better. In either case, make sure to have all relevant paper work with you - specifically the experience letters from old employers with proper job descriptions.
As for the salary increases when changing jobs, I did talk to more than one attorney about this. And what I heard consistently was that higher salary is not as much of a problem as lower salary could be. In my case, I had salary increases of more than 30% each time I changed jobs, and I am doing fine so far. Whether that becomes a problem for me or not, I will deal with it when it happens.
I traveled out of the country a couple of times using AP. On my return to US, at the port of entry (SFO), I was asked if I still worked for the company that originally sponsored my GC application. I told them I changed employers using AC21, and that I was not legally required to inform USCIS about the job change. And they let me go without causing any trouble. Not sure if anyone else had different experiences in such case, but the immigration officers at SFO seem to be somewhat easier to deal with (assuming you haven't done anything wrong, of course).
I did have trouble with AC21 once. I ended up having a gap between my 2nd and 3rd EADs (so did my wife too), as we tried to do too much 'optimization' of EADs. Well, we learned the hard way that 'optimization' effort is bad, as both of us had to stop working during the gap. It's not a very pleasant feeling having to explain our respective employers that we had such issue. We lost money too, as we couldn't be legally paid during the gap - in addition to the unnecessary stress. I wish USCIS issues EADs with longer validity period - something like 3 years (but I once heard Aman say that they couldn't do so due to a software glitch in their system!!). In any case, we are now filing for EAD renewals well in advance of the current one's expiry.
Other issues with AC21 that we faced are things like having to pay for EAD and AP renewals every year, which is quite expensive. I guess you could negotiate this with your new employer when changing jobs. And the sheer inability to change your job roles or take on more responsibilities (on paper too!) is frustrating, but that is more of a lengthy GC processing symptom than an AC21 issue.
All things considered, I think AC21 is good. It's got it's set of issues, especially if you don't use it wisely, but it at least lets you have some kind of progress in your careers. The way I see it, if there is no career progress, I can at least make more money. You got to gain something over years of waiting to keep you going!
wallpaper Charlie Sheen, Young Guns
diptam
06-26 03:53 PM
Good/Bad watever kind of lawyers i deploy they will be costly - but can they win such cases - Do you know of ??
You can quit after six months and then if taken to a court of law, you can tell the court that the employer refused to give you employment letter and under duress, you were forced to sign the letter. Your other option was to pack bags and leave the country if the employer did not give you the letter. And you can argue that the law lets you change employer after 180 days and hence you are not breaking the law. You can also argue that if the employer had not acted in bad faith by refusing to give you employment letter, you would have continued to work for the employer.
Ofcourse, you will need a very good lawyer if you want to fight the case on moral grounds (because it may be more expensive to fight the case than just pay the amount agreed to in the letter).
You can quit after six months and then if taken to a court of law, you can tell the court that the employer refused to give you employment letter and under duress, you were forced to sign the letter. Your other option was to pack bags and leave the country if the employer did not give you the letter. And you can argue that the law lets you change employer after 180 days and hence you are not breaking the law. You can also argue that if the employer had not acted in bad faith by refusing to give you employment letter, you would have continued to work for the employer.
Ofcourse, you will need a very good lawyer if you want to fight the case on moral grounds (because it may be more expensive to fight the case than just pay the amount agreed to in the letter).
sam2006
07-20 10:08 AM
nice job guys
I think we should extend it till monday atleast
I think we should extend it till monday atleast
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test101
07-08 12:08 PM
I think more than anything we need organization. We need group of volunteers that focused on different tasks. for example a group of people call congress and follow up and post updates.
group of people lead the flower campaign and anther group wrk on informing the media
there should be a group organize the rally and contact people to sponser.
Again avoid the 21 of july because the media would cover HP book instead of the protest.
here is gazalion post of the same subject.. we need organization
Guys I am looking at this thread for the first time today and want to put some comments:
1) 3 people were making hunger strike at SJSU over the last weekend for DREAM act and we come to know about it thru 1510 AM, KLIVE in Bay Area.
2) Immigration Voice members are planning to make a rally in SJ and we need to read it in the forum of (only) their website.
3) We are hungry about media coverage and want utmost attention of the congressmen about our issues.
BUT, you know what we are missing?:
1) No postings on the windows of those Bharat Bajars and Cash N Carrys and Kumuds. Can't the i-phone designers and router gurus make Ashas and Abhijeets invisible with some eye catching posters?
2) No postings on those other popular websites like murthy.com, immigration-law.com, bata.org etc. Did they say no for this?
3) No usage of the library notice boards.
4) No usage of SMS. Isn't it much cheaper than making contributions to the IV repeatedly?
I hope to see all these channels being utilized fully for July 14/21 march in Bay Area before we talk about CNNs and WPs.
Once the streets of SJ are hit with 1000+ people, those NBCs and CNNs and SJMs will come to us rather than we going to them.
As for myself, I am in whenever the event takes place and will try to bring at least 5 of my friends to the march.
P.S.: This is not an effort to criticize anyone here but just an attempt to help the organizers in whatever way I can.
group of people lead the flower campaign and anther group wrk on informing the media
there should be a group organize the rally and contact people to sponser.
Again avoid the 21 of july because the media would cover HP book instead of the protest.
here is gazalion post of the same subject.. we need organization
Guys I am looking at this thread for the first time today and want to put some comments:
1) 3 people were making hunger strike at SJSU over the last weekend for DREAM act and we come to know about it thru 1510 AM, KLIVE in Bay Area.
2) Immigration Voice members are planning to make a rally in SJ and we need to read it in the forum of (only) their website.
3) We are hungry about media coverage and want utmost attention of the congressmen about our issues.
BUT, you know what we are missing?:
1) No postings on the windows of those Bharat Bajars and Cash N Carrys and Kumuds. Can't the i-phone designers and router gurus make Ashas and Abhijeets invisible with some eye catching posters?
2) No postings on those other popular websites like murthy.com, immigration-law.com, bata.org etc. Did they say no for this?
3) No usage of the library notice boards.
4) No usage of SMS. Isn't it much cheaper than making contributions to the IV repeatedly?
I hope to see all these channels being utilized fully for July 14/21 march in Bay Area before we talk about CNNs and WPs.
Once the streets of SJ are hit with 1000+ people, those NBCs and CNNs and SJMs will come to us rather than we going to them.
As for myself, I am in whenever the event takes place and will try to bring at least 5 of my friends to the march.
P.S.: This is not an effort to criticize anyone here but just an attempt to help the organizers in whatever way I can.
more...
Macaca
07-08 08:17 PM
The following link may throw some light on what non-citizens are entitled under the U.S constitution.
http://www.slate.com/id/1008367/
This link gives restrictions on immigrants who have violated the law. We need restrictions on law abiding legal non-resident immigrants.
http://www.slate.com/id/1008367/
This link gives restrictions on immigrants who have violated the law. We need restrictions on law abiding legal non-resident immigrants.
wait4ever
08-08 12:19 PM
Congrats...remember folks are waiting for over 10 years...and still not CARD PROD ORDERED e mail...so be happy and enjoy!!!!
Folks
Appreciate the sentiments - I hope & pray that everyone gets approved very quickly - all on this forum are deserving types without any doubts -
BUT
Could I have an answer to my questions please ?:)
Folks
Appreciate the sentiments - I hope & pray that everyone gets approved very quickly - all on this forum are deserving types without any doubts -
BUT
Could I have an answer to my questions please ?:)
more...
kasanski33
06-12 03:34 PM
Finally got confirmation from my attorney they filed everything on June 6th, I guess now just wait and watch.
Eb-3 Ind PD 07/02
Eb-3 Ind PD 07/02
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NWISE
11-17 03:06 PM
Thanks for the effort! As always, it's greatly appreciated.
more...
raju123
07-06 09:42 AM
In a mean time we should inform media for the flower delivery in a Mahatma Gandhi suggested way to protest injustice.
Some one with a good English please draft a letter and we all will send it to all media.
Media will not let it go...ALL THEY NEED IS NEWS!!! Which is new...Let us give a shot.
Just idea.
Some one with a good English please draft a letter and we all will send it to all media.
Media will not let it go...ALL THEY NEED IS NEWS!!! Which is new...Let us give a shot.
Just idea.
hair X (2000) Charlie Sheen and
LONGGCQUE
02-14 03:30 PM
Cant make it to the event, Here is my contribution of $50 for the event. You all are doing a great service to EB community by driving this initiative where many others would get benefitted without contributing efforts/money.
Hope people will come forward to contribute one way or the other.
Your transaction ID for this payment is: 0VB82610FG438190V
Hope people will come forward to contribute one way or the other.
Your transaction ID for this payment is: 0VB82610FG438190V
more...
sanju
10-09 03:37 PM
About giving GC based on age.
I am 55.
Any takers?Get behind me.
Sorry, we are closed now. Sanjeev_2004 decided that we should do it based on PD. So we are going to give out GCs based on Priority Dates only. We have already send out the communications about the decision to the Department of State, Department of Homeland Security and the White House for them to follow the order of this thread.
Andy, For haven sake please do not keep changing the rules of the game .... otherwise it gets very confusing. I request you please bear with us.
BTW, is it 55 minutes? hours? days? weeks? months?
I am 55.
Any takers?Get behind me.
Sorry, we are closed now. Sanjeev_2004 decided that we should do it based on PD. So we are going to give out GCs based on Priority Dates only. We have already send out the communications about the decision to the Department of State, Department of Homeland Security and the White House for them to follow the order of this thread.
Andy, For haven sake please do not keep changing the rules of the game .... otherwise it gets very confusing. I request you please bear with us.
BTW, is it 55 minutes? hours? days? weeks? months?
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sushilup
08-18 04:07 PM
Hello Guys,
I filed on july 7th and still waiting.
My case little different, my 485 pending at Nebraska and I mailed EAD renewal at Texas (because I live in PA, per instructions in form).
Do you think my EAD will get stuck because of this? I hope I did right thing.
Is any one similar situation
Thanx
I filed on july 7th and still waiting.
My case little different, my 485 pending at Nebraska and I mailed EAD renewal at Texas (because I live in PA, per instructions in form).
Do you think my EAD will get stuck because of this? I hope I did right thing.
Is any one similar situation
Thanx
more...
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desi3933
06-27 12:07 PM
Diptam, Don�t leave the employer but force them to terminate you after 160 days of filing I-485. Don't clear any client interview and force them to pay you salary as it is employers job to give you work. Take rest at home on full salary. A time will come when employer will no longer afford to loose any more money and they will terminate you. Also ask for severance package when they terminate you.
This is not a legal advice just a suggestion
There could be a clause in the agreement that employee to pay the amount if he is fired due to bad performance. however, documenting bad performance for the employee is real headache for the employer. But still it can be done.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
This is not a legal advice just a suggestion
There could be a clause in the agreement that employee to pay the amount if he is fired due to bad performance. however, documenting bad performance for the employee is real headache for the employer. But still it can be done.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
tattoo from Young Guns Notable
H1B-GC
07-24 09:10 AM
Paper filed on June 19, 2008 (Renewal)
Service center: TSC
Approved : July 18th '08
Card Received : July 23rd
2 year EAD Approved :)
Start date :Sept 2008 - Sep 2010
Service center: TSC
Approved : July 18th '08
Card Received : July 23rd
2 year EAD Approved :)
Start date :Sept 2008 - Sep 2010
more...
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coolmanasip
07-02 08:52 AM
Sent out on Friday with an overnight delivery. So hoping that it must reach there today! Lawyers office is busy!!! won't tell the tracking number, only will confirm that it has gone out!!!
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sumansk
03-08 09:37 AM
Just by becoming depressed the process will not get expedited..The process will take its own time so just forget and pray and enjoy your life.Life is much more than GC and getting depressed just for it and not sensical.It is not a life and death matter.Make your and dont spread it to your family...
Good Luck !!
Good Luck !!
more...
makeup Police converge on Charlie
payur
07-11 10:21 AM
Way to go !!!!
girlfriend 20 20 Charlie Sheen Interview:
nomorelogins
04-30 02:34 PM
gcbikari ,
Your argument is wrong. From the PERM FLATDATA Center DATA,
These are the Figures for TOAL LABOR CERTIFICATIONS for all the countries:
2003--->62912
2004--->43,582
2005---->6133
-----------------
1,12,627
---------------
but these numbers you quote are certifications not applications right? many applications during these years may be in BECs?
Your argument is wrong. From the PERM FLATDATA Center DATA,
These are the Figures for TOAL LABOR CERTIFICATIONS for all the countries:
2003--->62912
2004--->43,582
2005---->6133
-----------------
1,12,627
---------------
but these numbers you quote are certifications not applications right? many applications during these years may be in BECs?
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mrdelhiite
09-28 08:43 AM
FYI sent wife's application on August 11th .. reached NSC on 14th .. checks got chshed yesterday. Online status says application was picked on Sep 25th.
My application was sent on 2nd July reached July 3rd and have received recepit noice earlier.
-M
My application was sent on 2nd July reached July 3rd and have received recepit noice earlier.
-M
chanduv23
06-26 10:34 AM
There are some jobs that require US citizens only without any security clearance requirements. Many defense related projects are like that. Not everyone will need security clearance, but everyone in the project must be US citizen.
.
desi - You seem to have indepth knowledge in this. All your posts put together gives the complete picture.
In reality, a common man does not do much analysis and just goes by the flow. HR listens to what manager or management says and thats it. No one complains or asks and as such people - if they find an opportuinity which is welcoming will not chase an opportunity which is not welcoming unless a group of people like members of IV - want to collectively address these issues.
When I looked for jobs I have seen employers or reqruiters asking what is my status and if I say I have EAD some of them will say "OK, no problem" but will not get back because they have instruction from hiring managers to hire only GC or USC. The hiring manager may not be well informed enough or may not want to deal with things with USCIS (perception, because all USCIS wants is a verification letter which is common and other agencies like Banks, DMVs etc.. may also request the same)
I have noticed that a lot of people are not comfortable about dealing with USCIS - it could be a stigma.
.
desi - You seem to have indepth knowledge in this. All your posts put together gives the complete picture.
In reality, a common man does not do much analysis and just goes by the flow. HR listens to what manager or management says and thats it. No one complains or asks and as such people - if they find an opportuinity which is welcoming will not chase an opportunity which is not welcoming unless a group of people like members of IV - want to collectively address these issues.
When I looked for jobs I have seen employers or reqruiters asking what is my status and if I say I have EAD some of them will say "OK, no problem" but will not get back because they have instruction from hiring managers to hire only GC or USC. The hiring manager may not be well informed enough or may not want to deal with things with USCIS (perception, because all USCIS wants is a verification letter which is common and other agencies like Banks, DMVs etc.. may also request the same)
I have noticed that a lot of people are not comfortable about dealing with USCIS - it could be a stigma.
java4yogi
08-18 03:00 PM
After reading lots of forums contributors, my 2 cents :
a) I think the first thing is ban those people who advise separation of interests or make invidual groups in forums.
As if things happening in india are not enough to divide people on all fronts, a new separation criteria is created here on EB1/EB2/EB3. A lot of us are very creative..wow !!
b) Initiative needs to be well spent and well thought. Its a forum for ideas and further on implementation. So, its for everyone. Taking initiative is not bad, go ahead, but walking tall on other peoples misery is not really very cool !!
People are waiting for 10 years in line, come on..think, if this happens to all of us..
c) Legal and illegal efforts. People accusing core of bank accounts withdrawls and all that nonsense, do not need any rebuttal.
The harshness of things is creeping in people, but pls. some sincerity is also needed.
I thank all of you who have worked hard for the benefit of all of us.
a) I think the first thing is ban those people who advise separation of interests or make invidual groups in forums.
As if things happening in india are not enough to divide people on all fronts, a new separation criteria is created here on EB1/EB2/EB3. A lot of us are very creative..wow !!
b) Initiative needs to be well spent and well thought. Its a forum for ideas and further on implementation. So, its for everyone. Taking initiative is not bad, go ahead, but walking tall on other peoples misery is not really very cool !!
People are waiting for 10 years in line, come on..think, if this happens to all of us..
c) Legal and illegal efforts. People accusing core of bank accounts withdrawls and all that nonsense, do not need any rebuttal.
The harshness of things is creeping in people, but pls. some sincerity is also needed.
I thank all of you who have worked hard for the benefit of all of us.
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