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  • transpass
    03-26 07:30 PM
    I tried looking for the baltimore case but I don't have it on this computer. You might want to search for it on immigration.com.

    That case had a lot more things in it.

    1) person never worked at the location as specified by the greencard labor
    2) person acknowledged he wasn't going to work there upon greencard approval
    3) person was claiming ac21 within same employer for different location


    Administrative appeals office; concurred that ac21 wasn't specific to geographic location and didn't have to be done with another company; it could be done within same company.

    Then AAO went another way and picked on some other issues: Other issues they picked on was information on his g-325a and his work locations. They picked onthat he didn't have h-1b's approved for those particular locations or LCA's and he was out of status. he was good on the ac21 but was out of status prior to filing 485.

    But in the Baltimore case, AAO was questioning that the beneficiary never resided in the state his H1 was petitioned for...But I wonder, shouldn't that be allowed as long as the place of work remains the same...I mean, let's say, if I work work in NY and live in NY, then as per AAO, it's fine. What if I work in NY (same location) and live in NJ, then it's not ok as per AAO? What if I can commute even longer distances dailiy, like living in Philly and commuting to DC, etc.? May be that's the reason why AAO directed the local office to give the petitioner a chance to provide any such evidence?




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  • mheggade
    07-15 10:35 AM
    <SARCASTIC> Ignorance is Bliss. </SARCASTIC>

    I just hope sanity makes a come back and people will see that the new visa over flow interpretation is advantages to EB3-I.

    OLD over flow interpretation

    EB1 ROW ------->EB2 ROW---------->EB3 ROW.

    New over flow interpretation.

    EB1 ---------------->EB2------------------------>EB3
    (Any chargeability) (Any chargeability) (Any chargeability)

    Only condition is visa should be allotted to the oldest PD in the lateral distribution irrespective of the country chargeability. That's the reason EB2 I and EB C are having same cutoff dates and all EB3 is U. DOS took away the advantage of ROW and gave it to oldest PD in the category.

    With this new interpretation EB3 I dates can make rapid progress and I fail to understand why EB3-I is upset about this.




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  • chintu25
    08-07 10:59 AM
    CIRCUIT
    Bhai, Bapu ne bola tha ke kabhi jhoot nehin bolna mangta hai. Apun aaj se kabhi jhoot nehin bolega Bhai.
    MUNNA BHAI
    Aye Circuit, woh Sunita ka baap aya hai terayko dund rehla hai.
    CIRCUIT
    Bhai usko bolo apun gaon gaya hai, kheti karneko.
    MUNNA BHAI
    Par Circuit, abhi to tu bola kabhi jhoot nehin bolega.
    CIRCUIT
    Bhai, apun jhoot nehin bolega, par tum to bol sakta hai na.

    :D

    MAMU
    Bhai, apnay ko char mahinay mein Tamil sikhna padega. Kuch upay batao.
    MUNNA BHAI
    Kannada kyun, aur char mahinay ka kya chakkar hai?
    MAMU
    Meinay ek Tamil baccha adopt kiya hai, aur woh char mahinay mein bolne lagay ga.

    :D

    CIRCUIT
    Oye Short Circuit yeh light bulb pe baap ka naam kya likh raha hai?
    SHORT CIRCUIT
    Apun baap ka naam roshan kar rehle hai.

    :D:D:D:D:D:D:D:D




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  • unitednations
    03-24 12:34 PM
    face it as long as the economy is tanking this is going to be an ongoing debate. Everything goes thorugh stages of high and low and we are now expereincing the lows of having the h1b's.

    Sledge While your points are valid, remember folks do not choose consulting (nor do students) as a first choice but I have friends who were employed without any issues directly with client companies who in the midst of recession decide to fire everyone. What are you options if your GC is denied because the company declared bankruptcy? How do you justify to yourself staying with the employer when they files you under Eb3 category when you a master's degree holder from one of the 10 best universities in the US? What are the employee choices here, just pack up and leave? leave houses, friends and people you stayed with many years.

    You think they haven't searched for full time positions with other companies only to be turned back? or worse case restart the entire GC process and forgo the 6+ years?

    And the experiences I am relating are from the 2001 recession. I have already seen history repeat itself now but my more fear is that tomorrow USCIS will unfortunately hit the person who followed all the rules After all how is the USCIS knowing which are the good companies and which are bad? These very things are happening and very much can happen to you as well. Do not sit on a high perch and think it will not trickle down to me

    That is one thing I have noticed of this divide between non consulting and consulting jobs.

    Reality is that people either came on f-1 or they came on h-1 through staffing company.

    Permanent jobs are the least safe from immigration point of view. As soon as there is a downturn; they will cut your job unmercilessly; doesn't matter which stage of the greencard you are in. You have absolutely no flexibility whatsoever (eb2 versus eb3); when or if they are going to start the greencard process. In fact companies such as these are the ones who generally won't give you any details of labor or 140.

    Many of the peple who are in 8 or 9 year h-1b painfully learned this lesson. They generally started at staffing company; got enticed by permanent job; got stuck in labor processing; got laid off; jumped back to staffing company; chased labor substitution; got 140 denied; jumped to another company and started again.

    Many of the people I discussed with who have been here for a long time on h-1b were continually re-starting their greencard for all these issues.

    I remember seeing a posting by another member that stated people from india were more susceptible to being out of status or having applications denied because of the long wait to get the greencard. The longer it goes; the bigger chane of something going wrong.

    People from other countries don't have such issues. I know one person from Uzbekistan who was on OPT and filed h-1b quota case in April 2007; at the same time company filed labor for him. He got greencard approved before the h-1b even got adjudicated.

    One of the issues of stafffing companies is that it is usually run by another person who was a non immigrant at one point themselves so they did not revoke h-1b's and were very flexible with their employees (that flexibility made them skirt h-1b rules). However, now that flexibility is gone as USCIS has gone through zero tolerance.

    The way USCIS/DOL/CONSULATES are behaving is making it very difficult for even the traditional companies to pursue or even keep non immigrants. Right now with the layoffs, many people from the traditional companies are approaching the staffing companies to do h-1b's. However, the staffing companies are not doing them because they are starting to follow the rules as close as they can. If they don't have a job for you then they are not going to file (no more speculative employment).



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  • Amma
    01-07 07:21 PM
    to call all of these people as highly skilled . Don't know the decency and decorum of the forum.Fighting in the name of religion.
    When you people are going to change ?

    People with no skill is better than so called highly skilled but no brain .




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  • obviously
    08-05 08:16 PM
    "Originally Posted by lfwf
    I have seen you post before, and with this post you lost some of my respect. You need to be rational and coherent if you want to debate the issue. Not emotional and silly."

    More hollow rhetoric from lfwf... someone that fails to see coherent logic and arguments made out in posts and instead claims that there is none :). Maybe, Inglis is the prablem, eh? LOL.

    Obviously, lfwf's 'respect' is worth a lot ;)

    I've gotten my days worth of laughs reading these protectionist jokers' weak arguments and empty threats of lawsuits.

    LOL!



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  • SunnySurya
    08-05 09:17 AM
    If you find enough people and have solid plan in place, I am willing to pay anywhere between $500 to $1000 towards the lawyer's fees....
    Friends,
    I need to find out how many people are interested in pursuing this option, since the whole interfiling/PD porting business (based on a year 2000 memo) can seriously undermine the EB2 category.

    I am currently pursuing some initial draft plans with some legal representation, so that a sweeping case may be filed to end this unfair practice. We need to plug this EB3-to-EB2 loophole, if there is any chance to be had for filers who have originally been EB2.

    More than any other initiative, the removal of just this one unfair provision will greatly aid all original EB2 filers. Else, it can be clearly deduced that the massively backlogged EB3 filers will flock over to EB2 and backlog it by 8 years or more.

    I also want to make this issue an action item for all EB2 folks volunteering for IV activities.

    Thanks.




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  • pitha
    09-26 10:38 AM
    cir failed because the senate did not have a filibuster proof majority (60) to pass cir. This time the democrats are expected to gain 4 to 5 seats in the senate, that will take there majority to 54 or 55 from the current 50 (49 +liberman). With a majority of 54 or 55 the filibuster will not happen again in senate and cir will pass in the senate.

    The difference between Bush and obama in calling for cir is that Bush was an unpopular lame duck president, his party was a minority in both the house and senate. Obama if elected president would have the democrats in control of both the house and senate, therefore when obama says he wants to pass cir, it will happen, so take it seriously and dont live in a fantasy that CIR will fail again.

    to all those people who cliam that cir won't be bad, please, please name some provisions that were good for Eb immigrants. Please dont use words like "hope", might" etc, obama and durbin want to knock the living daylights out of EB immigrants. I want to know if there was anything good in cir, not good things you hope to be in cir

    These are a list of bad things that were in cir and will be in obama-durbin cir

    -DId cir have stem exemption? answer no
    -Did cir have visa recapture? answer no
    -Did cir increase the eb quota to reduce the backlog? answer no
    -Did cir exempt the existing EB applicants from the new "points based
    system", answer this seems to be a gray area, no clear answer (there is a
    debate about this)
    -Did cir have draconian restrictions on H1, answer yes
    if there are any more nagatives please add to the list.

    guys, the reason behind this post is not to pick a fight with anyone or to win an argument, but to look at the facts and realize the deep shit we will be in and address the issues. Just like a sick patient will expire if he lives in denial and does not take his medicine, we the eb immigrants will expire with cir if we dont realize we will be sick with cir and start looking for medicine.

    Last time the CIR bill died because a lot of people are against granting amnesty to illegal immigrants ( both Republicans and democrats ) . The president alone ( read Obama ) cannot decide that he wants to pass this bill because remember last year Bush was strongly in favour of the CIR bill and even had a conference with Senate leaders to push it through but it failed . The politicians know that the American people don't like the bill but they have to show that they are concerned with solving the illegal immigrant issue. This CIR bill is only a political gimmick. It came into picture because of the upcoming elections and next year I am pretty sure with no more elections the interest would not be that much to get it passed ( although I am sure there will be a lot of people interested in getting it to the House and the Senate ).

    As someone said before if they try to bring some anti - highly skilled workers bill then the big companies are sure to cry out loud ( Microsoft , Cisco , Oracle etc etc ) and the politicians don't listen to us but they will surely listen to them. They have got the clout to get themselves heard.



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  • willgetgc2005
    08-11 06:36 PM
    See below what CNN has hired. As if they cant get office managers. Go figure.I sent Dobbs asking him about this.


    Title Salary


    SENIOR PRODUCER ATLANTA GA 45345
    SENIOR PRODUCER ATLANTA GA 45345
    OFFICE MANAGER ATLANTA GA 34819
    OFFICE MANAGER ATLANTA GA 34819
    OFFICE MANAGER ATLANTA GA 34819
    SENIOR PRODUCER ATLANTA GA 45345




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  • Rolling_Flood
    08-05 08:29 AM
    The said person should have been aware of what he or she was getting into. Blaming your hardship on other people and trying to get mileage out of it is hardly an honest way............would you agree?

    I am EB2 and I do not support this idea. Just imagine, someone could have applied in EB3 though he was qualified for EB2 because he was ill advised by his lawyers or employers. Why should he be punished for no fault of his?.



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  • bkarnik
    08-06 06:16 PM
    ~~~~~~~~~~~~~~~~~~~~~~~~~
    "Sometimes when I reflect back on all the beer I drink I feel shamed. Then I look into the glass and think about the workers in the brewery and all of their hopes and dreams. If I didn't drink this beer, they might be out of work and their dreams would be shattered. Then I say to myself, "It is better that I drink this beer and let their dreams come true than be selfish and worry about my liver."
    ~ Jack Handy


    ~~~~~~~~~~~~~~~~~~~~~~~~~~
    "I feel sorry for people who don't drink. When they wake up in the morning, that's as good as they're going to feel all day. "
    ~Frank Sinatra
    ~~~~~~~~~~~~~~~~~~~~~~~~~

    "When I read about the evils of drinking, I gave up reading."
    ~ Henny Youngman

    ~~~~~~~~~~~~~~~~~~~~~~~~~

    "24 hours in a day, 24 beers in a case. Coincidence? I think not."
    ~ Stephen Wright

    ~~~~~~~~~~~~~~~~~~~~~~~~~~

    "When we drink, we get drunk. When we get drunk, we fall asleep. When we fall asleep, we commit no sin. When we commit no sin, we go to heaven. Sooooo, let's all get drunk and go to heaven!"
    ~ Brian O'Rourke

    ~~~~~~~~~~~~~~~~~~~~~~~~~~

    "Beer is proof that God loves us and wants us to be happy."
    ~ Benjamin Franklin

    ~~~~~~~~~~~~~~~~~~~~~~~~~~

    "Without question, the greatest invention in the history of mankind is beer. Oh, I grant you that the wheel was also a fine invention, but the wheel does not go nearly as well with pizza."
    ~ Dave Barry

    ~~~~~~~~~~~~~~~~~~~~~~~~~~
    And saving the best for last, as explained by Cliff Clavin, of Cheers. One afternoon at Cheers, Cliff was explaining the Buffalo Theory to his buddy Norm. Here's how it went:

    "Well ya see, Norm, it's like this... A herd of buffalo can only move as fast as the slowest buffalo. And when the herd is hunted, it is the slowest and weakest ones at the back that are killed first. This natural selection is good for the herd as a whole, because the general speed and health of the whole group keeps improving by the regular killing of the weakest members. In much the same way, the human brain can only operate as fast as the slowest brain cells. Excessive intake of alcohol, as we know, kills brain cells. But naturally, it attacks the slowest and weakest brain cells first. In this way, regular consumption of beer eliminates the weaker brain cells, making the brain a faster and more efficient machine. ! That's why you always feel smarter after a few beers."




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  • xyzgc
    12-30 11:05 PM
    Why should we waste our resources when Pakistanis are doing the damage by themselves??? The joke is Pak blaming some poor Indian for a bomb blast which was quickly owned up by a domestic terrorist organization!!
    Pakistan is a begging bowl which is trying to blackmail US by threatening to pull out troops from Afgan border..so US and UK are trying to pacify India telling them that they will put pressure on Pak to do something.
    And you know what a bigger joke is? your slum dog cum president who told Larry King that no one from "his part of the country" were involved in the attack!!! What is his part of the country? his toilet seat??? It has not been 1 year since he killed his wife he was jumping all over Sarah Palin like a horny dog!! Barking dogs seldom bite, so don't just thump your chest just yet. When the fox has to die it runs towards the lion. That is what Pakistan is doing by pretending to pose as if it will go to war with India. If India attacks Pak will fold it's tail between its legs and run to US, like Nawaz sherif did during the Kargil war. We have beaten you in 4 wars, how may more beatings will it take for it to sink into your thick skull that Pakistan can NEVER beat India. Period!!

    Pakistan will disintegrate with in the next few years if they don't seek India's support in whacking them Jehadi SOB's. Baluchitan, NWFP, Sindh are all going to be independent countries and the Pak president can easily rule " his part of the country"

    Buddyinsfo you might try to bring friction among Indians by pitting people from different states against each other, but remember when it comes to any outside force we are all Indians first and we will Kick your Ass...

    This is like an ant taking on an elephant, if half the men in Punjab, Guj and Rajastan stand on the border and Pee; Pakistan will be washed away in a flood of Urine...If you poor people want to get killed, there are better painless ways than enrage India. So it is in Paks best interest to request India to come in clean up the terrorist camps which are now turning against Pakistan itself!!

    smisachu, if you use this kind of language, the tender, sensitive minds of the other IVians will get bruised.You'll be branded as a out-of-control maniac, who's lost his mental balance.

    Benazir was one of the level-headed politicians in Pakistan like her father, but she was deemed pro-western. Her father Zulfikar Ali Bhutto was charged with false conspiracies and hanged because he was one of the few secular leaders and held peace talks with India. She was ruthlessly murdered, what a loss!

    Good leaders don't stand a chance in Pakistan and the country is sure to disintegrate - its just a matter of time!!

    However, what buddysinfo says is right. India is not Israel. Its a land of weaklings and this Gandhi-Nehru doctrine is somewhere deep down in our DNA. Nenru was still chanting his favorite Hindi-Chini Bhai Bhai and reading the Panchsheel and romancing with Lady Mountbatten, when the Chinese back-stabbed India. I have nothing against the Chinese - they are progressive people, thousand times better than these bankrupt Pakistanis (who can't look beyond terrorism and bloodshed) and they have made gigantic industrial progress! This just goes to show how useless Nehru-Gandhi leadership has historically been!!

    On the other hand, his daughter Indira was a loose cannon, a dictator but being a lady - she had balls! What a shame!
    Rajiv Gandhi was another strong leader. I have always disliked the congress for its vote bank politics but I grant it to Rajiv Gandhi for catapulting India into the information age.
    The same Bofors gun over which everybody raised a big hue and cry (Bofors kickbacks) came to our rescue during Kargil.
    After Rajiv, the leadership has completely collapsed - no absolute majority, coalition goverments, hung parliaments, its a chaos.

    Look at buddysinfo and look at the dirty,hateful offline messages he has left people. Pure, unadulterated hatred. Some Indians are more interested in Thakre driving out North Indians, others are beating up Laloo for giving some jobs to Biharis (are Biharis not Indians??), the South vs the North, Tamil vs Hindi - rather than bandying together as Indians.

    And to top it all, some one starts some idiotic thread as to how America is going to disintegrate! We need to learn a lot from America and Israel, when it comes to nationalism!
    Everyone was united after 9/11, everyone supported war and if there is another attack on American soil, there will be another war in the middle east, make no mistake. The war comes first, the questions and the regrets come later..that is America! Its not a nation of Nehru and Gandhi, its a nation of Roosevelt, Truman and General Eisenhower!

    On the other hand we will argue till doomsday - whether India should go on war with Pakistan or not, create some Bollywood style drama , while the islamic savages come and violate our land at will. Its been happening since 1600 A.D, nothing new here. It will happen again, who cares!

    Peace!



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  • NKR
    03-28 05:10 PM
    the bubble that we saw and are seeing is once in a life time event - it will never happen in USA for a long long time (in most places). it will happen more in places like bombay (2 bubbles in last 2 decade)..

    With what you say, there is no guarantee for a long long time. So that means there is no guarantee till the kids become big and have their own kids, so should one live in an apartment for years and years?.

    You say that renting gives you more mobility, why shouldn�t a person whose job is long term and who loves his job and who is not required to travel buy a house close by his office?

    A house comes with its own baggage. Of course if someone decides to buy a house he would have already known what he is getting into. He would definitely factor in all the fees, taxes, insurance etc. Even considering all of these, if he/she thinks it is good for him and his family to buy a house, why should not having a GC prevent him from not buying?.

    Dude, it will cost you less then 50$ for the paint. I and my wife painted our living room together by ourselves, when one is making a decision to buy a house costing hundreds and thousands of dollars do you think he will worry about kids painting the wall?.

    The only rational point I see in your post is that it might not be a good idea to buy a house now and it probably makes more sense to wait and watch.




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  • damialok
    03-26 01:43 PM
    I agree that credit crunch is worst we have ever seen and the worst is still about 9-12 months away. A lot of investment banks are going to be in trouble. I work for a big financial services comp and even though they say they are not affected, I know that their 'high-yeild low-risk' funds lost around $30billion. Who pays for this? investors? hmm China/Japan.. maybe. But Ben Bernanke is keen on doing whatever it takes to jumstart the economy. So he is printing dollars and reducing interest rates to historic lows(considering 60 year cycles). When I bought my first home in 2001, the rate was 8.5%. Whats it now 5.5%?
    So my view is that inflation is a bigger problem that Ben B does not want to tackle in the near future(3-4 months). Well in times of inflation your savings/investment is better in real-estate than anything else. But definitely NOT cash.

    So although we might be near the bottom of real estate market, we can never guesstimate the bottom until it has passed. My advice is, negotiate hard(buyers market) and get into a deal now. As a safety net, you can ask for a long escrow(around 180 days). That way you can backout of the deal if things head south. You've only lost the deposit(subject to arbitration at least in California).

    Someone pointed out that Visa Status is a smaller issue, the big issue is if you can hold onto your investment for atleast 5 years, you are golden.

    I believe that having a job(well paid) in recession is an investors dream as everything is on SALE.



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  • unitednations
    03-26 09:27 PM
    I think we have gotten way off topic from original poster.

    I should have posted the 140 denial where USCIS pointed at temporary job before person responded with their documents.

    in 140/485 stage it is very dangerous sending information like client contracts as you are putting it in their face that the job may not be permanent. In the particular case I attached; the attorney in trying to prove ability to pay winded up opening other doors for uscis to step through.




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  • dartkid31
    05-24 11:18 AM
    He is just using this to play illegals vs legals. If you watch his lousy program, he is constantly ranting that this CIR bill will increase immigration by 100 million plus in the next few years. Some time back he also said that the CIR is a covert operation to increase H1Bs and legal immigration, not just about illegal immigrants. You can tune out what Lou says, he's doing what he can to improve his ratings.


    Very true. And if anyone is still not convinced, check out this doozy:

    http://www.alternet.org/blogs/peek/36625/

    All Lou Dobbs does is promote the agenda of Tom Tancredo, Jeff Sessions, FAIR, NumbersUsa, John Tanton, and our other good friends. And we know where they stand.



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  • smuggymba
    07-30 08:11 AM
    100 thousand is not for a president to worry about. But 11-12 Million is a different story..

    I emailed Sen Hutchinson from Texas to vote NO for the DREAM Act and I called it "Organized and Controlled" amnesty as illegal kids who will get GCs will be able to sponsor their illegal parents for GC after 4 years.

    All the illegals who have kids in college will get get GC's in 4 yrs after their kids pass college while EB3 has to wait for 20 years. This is a joke. Look at the reply from the Sen below:

    On March 26, 2009, Senator Richard Durbin (D-IL) introduced S. 729, the DREAM Act, which would allow states to offer in-state tuition rates to long-term resident immigrant students. The bill also would allow certain long-term residents who entered the United States as children to have their immigration or residency status adjusted to conditional permanent resident status or permanent resident status. The DREAM Act has been referred to the Senate Committee on the Judiciary, on which I do not serve. Should S. 729 come before the full Senate, you may be certain I will keep your views in mind.




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  • LostInGCProcess
    09-29 12:36 PM
    After watching the debate the other day between Obama and McCain at the Ole Miss, I felt McCain was more truthful and talking from his mind. All these days I was hoping Obama was really going to make that "change", but after watching the debate, clearly it was McCain who, I personally feel, won the debate.

    Obama's speech was more like a prepared one. He was stumbling a lot, maybe he was nervous, I don't know. But McCain was cool all along, although he was not prepared for the debate...he changed his schedule in the very last minute.

    I am positive if he wins he would definitely do something about the broken Immigration System. Remember he has a daughter adopted from Bangladesh...of course, which has no connection with Immigration, but he seems to be the 'nice' guy.

    Cheers.:)




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  • insbaby
    03-23 12:20 AM
    If you want to buy a home after you get your green card, mostly you will get after your retirement.

    I don't want to feel "my home" when I am 68 and after my kids are out on their own. So I decided, dump the H1B, H4, 485, 131, 761, 797, 999, 888, I94, EAD, AP... AAD, CCD etc crap in trash, and bought the home.

    I am happy. Even if I am asked to leave the country tomorrow, I just lock the door, throw the keys in trash and take off.

    Who cares when life matters.




    morchu
    08-03 02:29 PM
    Not true.
    All it matters is the "intention" to get employed in the offered position & the job duties of the AC21 job you have at the time of adjudicating 485.

    Means.... never joining your original 485 employer ... by it self... wont cause any issue.


    ok now i'm really confused between AC21 and future employment debate....
    AC21 can be used after 6 months of 485 filing to change the job but then once u get GC you have to work for the original company that filed your 485 for few months?? so for e.g. if i change my job after lets say 1 year of 485 filing and lets say my 485 is approved after 3 years so now do i have to quit my new job and go back to my old employer to work for few months to get my gc? am i understanding this correct? i think i'm not... can you please clarify?? thnx




    rsdang
    08-22 11:56 AM
    One hand on steering wheel, one hand out of window.

    - Sydney



    One hand on steering wheel, one hand on horn

    - Japan



    One hand on steering wheel, one hand on newspaper, foot solidly on accelerator...

    - Boston



    Both hands on steering wheel, eyes shut, both feet on brake, quivering in terror

    - New York



    Both hands in air, gesturing, both feet on accelerator, head turned to talk to someone in back seat

    - Italy



    One hand on horn,

    one hand greeting,

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    one ear listening to loud music,

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    - Welcome to India!

    :D



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