pappu
12-31 01:30 PM
This thread seems to express my thoughts.
I used to wait till my dates got current. With my dates being current since November, I still wait with no sign of improvement.
I tried calling the 1-800 number. But, did not get any useful information.
Took an Infopass appointment couple of weeks back. But, it was of no use.
The officer at the local office read the same status that I see online.
She said that my case was transfered to Texas center. (I knew this since October 2007). Only additional information she gave me was that my namecheck got clreared. (Though this is important, I dont think this really matters to get my case processed).
I told her that I have been waiting since years and some of friends who filed later than me already got their GCs, she felt sorry for me but she said there is nothing she can do for me. Not even a Service Request since my dates are within the processing times.
Its getting difficult for me......Also, in this economy its getting tough everyday to hold on to the job. Who knows may be this year quota might be over too. It will definitely be a big relief if we get the GC.
I thought there is nothing I can do now till my dates goes outside the processing times. Please advice.
Good Luck to everyone.
Try Senator/congressman + Ombudsman inquiry now. If you do not get a response or nothing happens, contact me. Let us see what we can do for people who are current since a long time.
I used to wait till my dates got current. With my dates being current since November, I still wait with no sign of improvement.
I tried calling the 1-800 number. But, did not get any useful information.
Took an Infopass appointment couple of weeks back. But, it was of no use.
The officer at the local office read the same status that I see online.
She said that my case was transfered to Texas center. (I knew this since October 2007). Only additional information she gave me was that my namecheck got clreared. (Though this is important, I dont think this really matters to get my case processed).
I told her that I have been waiting since years and some of friends who filed later than me already got their GCs, she felt sorry for me but she said there is nothing she can do for me. Not even a Service Request since my dates are within the processing times.
Its getting difficult for me......Also, in this economy its getting tough everyday to hold on to the job. Who knows may be this year quota might be over too. It will definitely be a big relief if we get the GC.
I thought there is nothing I can do now till my dates goes outside the processing times. Please advice.
Good Luck to everyone.
Try Senator/congressman + Ombudsman inquiry now. If you do not get a response or nothing happens, contact me. Let us see what we can do for people who are current since a long time.
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answers_seeker
02-25 06:04 PM
Got my RFE finally. It is for an employment letter. They gave me until 3/19. (RFE was generated on 2/13)
-a
Got my wife's RFE today ( sent to the lawyer who scanned it for us). My wife apparently forgot to sign the medical form before the physician sealed it. We need to go back to the physician have it signed in his presence and have it sealed by him again. Not a big deal I guess.
-a
Got my wife's RFE today ( sent to the lawyer who scanned it for us). My wife apparently forgot to sign the medical form before the physician sealed it. We need to go back to the physician have it signed in his presence and have it sealed by him again. Not a big deal I guess.
sujith1
12-03 01:47 PM
I do not understand Number 4 : As far as I understand and what lawyers told me - your salary can go up and as long as it does not go below the posted number in your Labor Petition you are fine. But I hear this comment always - This confuses me as to how much truth is there in it.
Most employers use this as an excuse to not raise your salary but that does not mean that you salary cannot be raised if the employer is willing.
1) Life Insurance ... AIG refuses to give me the quot for 30 years (Ready to give me a 20 year term life quot) term life insurance knowing I am on work visa, US GC is in process (Though I did not mention that I am Canadian permanent immigrant). AAA issued me a policy that is 20 years not 30 years (Simply refused) when I gave the proof of Canadian permanent immigration and US GC filing. This is most current experience.
2) After 2001 bubble burst many credit unions stopped taking H1B visa holders as member. I do not know the current practice.
3) I think in illinoi, I have heard that H4 people can't get driving licence simply as they do not have social security. Now legally H4 can not have social security and thus no driving license. ITIN would not be considered for driving license. This story I also heard a while back. I do not know about current situation.
4) In job, you can not have promotion, salary increment (Though Accounting workarounds ultimately can provide you what you want from the company).
5) 401 K investment can become risky if you will have to go out of uSA permanently in a sense of 10 % penalty for early withdraw. Ya, Somebody can say that then do not withdraw. In that case, managing it would be hell by sitting thousands of miles away from US.
6) You can not invest in Educational investments schemes ( Theoratically you can invest and they will take your money gladly) as those are ONE-WAY money, once gone you can not take out, only your children can take out. Now imagine you are on H1.. Invetsed money in eduction schemes for your children. Down the road after 10 years suddenly finding yourself in limbo you go back to your country... money is stuck.. ( I do not have full scale study of workarounds..Someone more elite on this subject can put mor light on this)
7) By any chance if you get kicked out (For whatever reason including you kicked out yourself) from USA before 10 years of work.. you loose all of your social security (Not applicable to people of all other countries, but ceratinly applicable to Indians)
Most employers use this as an excuse to not raise your salary but that does not mean that you salary cannot be raised if the employer is willing.
1) Life Insurance ... AIG refuses to give me the quot for 30 years (Ready to give me a 20 year term life quot) term life insurance knowing I am on work visa, US GC is in process (Though I did not mention that I am Canadian permanent immigrant). AAA issued me a policy that is 20 years not 30 years (Simply refused) when I gave the proof of Canadian permanent immigration and US GC filing. This is most current experience.
2) After 2001 bubble burst many credit unions stopped taking H1B visa holders as member. I do not know the current practice.
3) I think in illinoi, I have heard that H4 people can't get driving licence simply as they do not have social security. Now legally H4 can not have social security and thus no driving license. ITIN would not be considered for driving license. This story I also heard a while back. I do not know about current situation.
4) In job, you can not have promotion, salary increment (Though Accounting workarounds ultimately can provide you what you want from the company).
5) 401 K investment can become risky if you will have to go out of uSA permanently in a sense of 10 % penalty for early withdraw. Ya, Somebody can say that then do not withdraw. In that case, managing it would be hell by sitting thousands of miles away from US.
6) You can not invest in Educational investments schemes ( Theoratically you can invest and they will take your money gladly) as those are ONE-WAY money, once gone you can not take out, only your children can take out. Now imagine you are on H1.. Invetsed money in eduction schemes for your children. Down the road after 10 years suddenly finding yourself in limbo you go back to your country... money is stuck.. ( I do not have full scale study of workarounds..Someone more elite on this subject can put mor light on this)
7) By any chance if you get kicked out (For whatever reason including you kicked out yourself) from USA before 10 years of work.. you loose all of your social security (Not applicable to people of all other countries, but ceratinly applicable to Indians)
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god_bless_you
04-01 04:08 PM
I could not able to do web fax., forums are recognising my user id and password and when I enter my user id and password at
http://www.immigrationvoice.org/index.php getting invalid user id and password.,
some times when I click on Home link I am getting _LOGIN_BLOCKED alert message few days back I sent a message to web master to this but not received any reply back!!
http://www.immigrationvoice.org/index.php getting invalid user id and password.,
some times when I click on Home link I am getting _LOGIN_BLOCKED alert message few days back I sent a message to web master to this but not received any reply back!!
more...
adibhatla
02-19 04:41 PM
Just a small addition to your point 4.
MTR allows you to work. Usually an MTR is supposed to be filed within 33 days after you have recieved your denial. As soon as the USCIS recieves your MTR (which is your I290B form), they issue a notice number. This number allows you to work. The only time you are not technically allowed to work is the time since you recieved the denial notice till you recieve your I290B notice number.
1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
MTR allows you to work. Usually an MTR is supposed to be filed within 33 days after you have recieved your denial. As soon as the USCIS recieves your MTR (which is your I290B form), they issue a notice number. This number allows you to work. The only time you are not technically allowed to work is the time since you recieved the denial notice till you recieve your I290B notice number.
1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
mbartosik
04-08 03:24 PM
OPT is just a bandaid that allows politicians to postpone addressing the real issues for a little while. If the real probably are not addressed in 2 years when the OPTs run out it will actually be worse.
Of course anyone using OPT is just joining an even longer GC queue.
Of course anyone using OPT is just joining an even longer GC queue.
more...
kumarc123
07-08 01:16 PM
Hello All,
I suggested this in my last two posts and I am suggesting this again. Emails , faxes to Rep will not create visibility of the problem. What we need to do is, do something big, like a DC rally again. One of the benefits behind doing this will be, everyone in this country i has their eyes on DC for presidential elections. Hence more visibility for us.
Secondly the topic of these three bills is hot, if we don't do anything now, it will turn cold, and then will be forgotten.
What we really need is a huge volume of high skilled workers in DC, not just a handful. Please let us all get together in DC again and push for these bills. We will get a lot of visibility. How about sending flowers to congress members?
Please let us all act on it!!
All EAD suckers! Wake up ! We need your help, Help us to help you and your future!
I suggested this in my last two posts and I am suggesting this again. Emails , faxes to Rep will not create visibility of the problem. What we need to do is, do something big, like a DC rally again. One of the benefits behind doing this will be, everyone in this country i has their eyes on DC for presidential elections. Hence more visibility for us.
Secondly the topic of these three bills is hot, if we don't do anything now, it will turn cold, and then will be forgotten.
What we really need is a huge volume of high skilled workers in DC, not just a handful. Please let us all get together in DC again and push for these bills. We will get a lot of visibility. How about sending flowers to congress members?
Please let us all act on it!!
All EAD suckers! Wake up ! We need your help, Help us to help you and your future!
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raamskl
07-31 08:48 PM
How did you get the LIN number for this case?
Hm.. I was thinking that these are random #'s that I had typed in earlier and which IE had saved in the form box. But now I think about it, I believe i got these numbers from this forum on some thread long time back.. Don't know which one, I have edited the post now to mask the LIN #.
Cheers.
Hm.. I was thinking that these are random #'s that I had typed in earlier and which IE had saved in the form box. But now I think about it, I believe i got these numbers from this forum on some thread long time back.. Don't know which one, I have edited the post now to mask the LIN #.
Cheers.
more...
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sugaur
04-01 07:21 PM
I hope your situation straightens out soon. I personally would go the info pass way with all documents and try to persuade them to reinstate the case.
Please report this lawyer to the bar association. Although I am not a big fan of litigation, this guy really deserves to be punished so he is more careful with the other cases he has. He probably has no idea what stress his silly mistake has caused you. I bet this asshole hasnt even acknowledged his mistake or expressed regret.
Please report this lawyer to the bar association. Although I am not a big fan of litigation, this guy really deserves to be punished so he is more careful with the other cases he has. He probably has no idea what stress his silly mistake has caused you. I bet this asshole hasnt even acknowledged his mistake or expressed regret.
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GCSOON-Ihope
06-23 02:08 PM
Brahmam and Company -
This is the height of Frugality sir :eek: . Contribute something to this society instead looting(??) everything from here and wiring to Bank of India or whatever:p .There should be a limit to this nonsense questions to be posted for Members to Read and Answer. Please grow up in life.Few Dollars here and there will not make this World upside down nor will it buy huge real estate lands in your Place. Also, buy Trash-bags for throwing Trash instead of use Walmart plastic to throw into Dumpsters.Some in my Apts do that all the time inspite of Property Managers advising against doing it.you fall in this Category.
To answer your Question, Walmart is the cheapest for anything .Period.Why?? Please see this Documentary 'Wal-Mart: The High Cost of Low Price '.
I'll give you the last call to burn your ego.:cool:
- Shalom
1 100 % agree with you! Some people on this forum are so darn cheap, that really infuriates me sometimes. What are a few bucks, even a few hundreds or thousands compared to the benefits of getting a GC?
Anyway...do you have the link to that WalMart story?
This is the height of Frugality sir :eek: . Contribute something to this society instead looting(??) everything from here and wiring to Bank of India or whatever:p .There should be a limit to this nonsense questions to be posted for Members to Read and Answer. Please grow up in life.Few Dollars here and there will not make this World upside down nor will it buy huge real estate lands in your Place. Also, buy Trash-bags for throwing Trash instead of use Walmart plastic to throw into Dumpsters.Some in my Apts do that all the time inspite of Property Managers advising against doing it.you fall in this Category.
To answer your Question, Walmart is the cheapest for anything .Period.Why?? Please see this Documentary 'Wal-Mart: The High Cost of Low Price '.
I'll give you the last call to burn your ego.:cool:
- Shalom
1 100 % agree with you! Some people on this forum are so darn cheap, that really infuriates me sometimes. What are a few bucks, even a few hundreds or thousands compared to the benefits of getting a GC?
Anyway...do you have the link to that WalMart story?
more...
gapala
02-21 01:25 PM
TSC - Texas service center
AOS - Adjustment of Status
AOS - Adjustment of Status
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pappu
07-20 05:12 PM
Too many issues at that time. Old h1 was anyway expiring soon. Desi bodyshoper employer was going nuts sqeezing me dry. He was demanding money for everything from H1 extension to giving out compnay letters for GC related issues and thousands of such reasons. But as I already said.. it's done..it's done...
Your employer should pay for H1 and H1 extension. If he is exploiting you, and you accept being exploited, then you should also share the blame for accepting this.
This forum has past posts where people have shared information on how to complain against such employers. One of the goals of IV is to generate awareness in employees so that employees can use their voice against injustice.
Accepting such 'exploitation' should not be tolerated and you must take action against such an employer. It is such employers that give a bad name to the entire H1B visa program and the whole community is blamed and made to suffer. Our bills face an uphill task because of this. Employees must complain so that they can help fix the H1B and green card system.
I hope you use your voice and take action against such employer. IV is against such exploitation and it must be reported to DOL and USCIS. If you have to go to court for it, you should consider it.
Your employer should pay for H1 and H1 extension. If he is exploiting you, and you accept being exploited, then you should also share the blame for accepting this.
This forum has past posts where people have shared information on how to complain against such employers. One of the goals of IV is to generate awareness in employees so that employees can use their voice against injustice.
Accepting such 'exploitation' should not be tolerated and you must take action against such an employer. It is such employers that give a bad name to the entire H1B visa program and the whole community is blamed and made to suffer. Our bills face an uphill task because of this. Employees must complain so that they can help fix the H1B and green card system.
I hope you use your voice and take action against such employer. IV is against such exploitation and it must be reported to DOL and USCIS. If you have to go to court for it, you should consider it.
more...
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coloniel60
08-16 01:24 PM
I'm also suffering like you for years but doing a RE-FILE just for managing bad odds is not reasonable. If they reject your application - You should be able to resend it from FEDEX/USPS signature and receipt Notice even after Aug 17th.
I'm not a lawyer and i've nothing against Rajaiv Khanna but on a general i'm advising you that " Any lawyer wants their clients case get complicated and convoluted". By doing this you/we are just complicating our case and offering "Money making" potential to already Rich , Wealthy ,Cut throat Lawyers.
Don't you agree ?
USCIS has never mentioned that they will accept rejected applications even if the priority date is not current.
I'm not a lawyer and i've nothing against Rajaiv Khanna but on a general i'm advising you that " Any lawyer wants their clients case get complicated and convoluted". By doing this you/we are just complicating our case and offering "Money making" potential to already Rich , Wealthy ,Cut throat Lawyers.
Don't you agree ?
USCIS has never mentioned that they will accept rejected applications even if the priority date is not current.
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lifesucksinUS
07-19 10:53 AM
Pls advice on the following-
1.I got my medicle done when the dates were current last time so the date on the medicle is old.now i have moved from canada to US.And i have to still fill the AR-11 form. in this case does the old medicle stands cancled or I can still go with that medicle and fill the AR- 11 now.
2.What is 9 digit A# in AR -11, my 1-94 has 11 didgit number and electronic format does not accept more than 10 digits.
3.The online AR-11 form also does not accept the canada address,
pls advice ...
1.I got my medicle done when the dates were current last time so the date on the medicle is old.now i have moved from canada to US.And i have to still fill the AR-11 form. in this case does the old medicle stands cancled or I can still go with that medicle and fill the AR- 11 now.
2.What is 9 digit A# in AR -11, my 1-94 has 11 didgit number and electronic format does not accept more than 10 digits.
3.The online AR-11 form also does not accept the canada address,
pls advice ...
more...
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arsh007
11-21 01:01 PM
Taking a plunge now on EAD is like drowning yourself. prices have not yet come down and will come down by 15-20 % over 5 years. there is talk about recession , job losses and more foreclosures. if you dont need the space ...DONT BUY. most of us dont need more space unless we have 2-3 grown kids who need their own rooms. renting is not same as throwing away money as you get a place to live. how does buying a home give you security ..it is more of a hassle if you are on EAD or H-1 and you need mobility after a job is lost. my friend who has good worldly experience rightly said ..buying a house now is like worrying about one more thing in life.
I agree with some of your points. However each one of us is in a different situation and have different ways of dealing with situations. If you are happy with your current situation including renting, that's well and good for you.
However taking a generalized view of the entire US housing industry and expecting 15-20% drop in 5 years is highly speculative. Such speculation maybe true for some housing markets like California, Arizona, Florida and the East Coast. However its not true for the mid-west where prices have been more stable. Besides job loss can occur even if one is on a GC. Nothing is permanent in this country. You always need mobility and that's the reason you have several professionals living in one city and working in another. Its not the end of the world loosing your job one city. There are always alternatives like the one just described.
I strongly advocate looking at your current situation before thinking about buying a home. The lifestyle and quality of life experienced by living in a home is unmatched even by living in the most luxurious apartment. The security from owning a home comes from knowing your have your own place and mortgages payments you make help you in increasing your equity in the home which can be utilized in the long-run to start a business or investment in other things.
I agree with some of your points. However each one of us is in a different situation and have different ways of dealing with situations. If you are happy with your current situation including renting, that's well and good for you.
However taking a generalized view of the entire US housing industry and expecting 15-20% drop in 5 years is highly speculative. Such speculation maybe true for some housing markets like California, Arizona, Florida and the East Coast. However its not true for the mid-west where prices have been more stable. Besides job loss can occur even if one is on a GC. Nothing is permanent in this country. You always need mobility and that's the reason you have several professionals living in one city and working in another. Its not the end of the world loosing your job one city. There are always alternatives like the one just described.
I strongly advocate looking at your current situation before thinking about buying a home. The lifestyle and quality of life experienced by living in a home is unmatched even by living in the most luxurious apartment. The security from owning a home comes from knowing your have your own place and mortgages payments you make help you in increasing your equity in the home which can be utilized in the long-run to start a business or investment in other things.
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Leo07
11-03 11:00 AM
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tammman
08-25 02:17 AM
I just received my e-filed EAD, NSC
I didnt see any soft LUDs on my profile.
Received my Card on aug23rd for 2 yrs.
E-Filed: July 19, 2008
I didnt see any soft LUDs on my profile.
Received my Card on aug23rd for 2 yrs.
E-Filed: July 19, 2008
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gc_on_demand
06-13 09:38 AM
Any update what will be next ?
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shivapb80
06-05 11:25 AM
in fact i think this memo is very favourable.
first of all it has some protections for h1b whistle-blowers.
second it formalizes the 27th, Dec, 2005 into the AFM which is much better.
this memo does not say that you cannot make an AC21 portability request based on a pending i-140/i-1485. all it says is that for the portability request to be valid the i-140 should be approved first. in fact it clearly alludes to the Yates memo and says that section 1 from that memo is valid and consistent with this interpretation. so, as far as my understanding goes you can still use AC21 even if your i-140 is pending.
the one thing though i am having a little difficulty understanding is that it says section 20.2(d) of the AFM will be updated with section (1) from the Yates memo. But the updates to the AFM to section 20.2(d) do not include section(1) from the Yates memo. may be i need to wait for the revised AFM to be published!
just my 2 cents...I am really hoping that some well known law firm will clarify this one way or the other.
first of all it has some protections for h1b whistle-blowers.
second it formalizes the 27th, Dec, 2005 into the AFM which is much better.
this memo does not say that you cannot make an AC21 portability request based on a pending i-140/i-1485. all it says is that for the portability request to be valid the i-140 should be approved first. in fact it clearly alludes to the Yates memo and says that section 1 from that memo is valid and consistent with this interpretation. so, as far as my understanding goes you can still use AC21 even if your i-140 is pending.
the one thing though i am having a little difficulty understanding is that it says section 20.2(d) of the AFM will be updated with section (1) from the Yates memo. But the updates to the AFM to section 20.2(d) do not include section(1) from the Yates memo. may be i need to wait for the revised AFM to be published!
just my 2 cents...I am really hoping that some well known law firm will clarify this one way or the other.
jonty_11
05-15 11:35 AM
I have been calling my state and other states too as I get time. I will do that for this Bill as well.
I think this one is critical in that it will get many folks out of the picture/queue.
I think this one is critical in that it will get many folks out of the picture/queue.
pcs
05-22 02:36 PM
Regarding contribution & phone calls ???