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  • GCMan007
    06-28 06:48 PM
    and everyone started having a sane discussion...

    hope fully this would help
    http://www.imminfo.com/resources/cissop.html

    Read couple of pages forward....thanks Ramba

    http://www.imminfo.com/resources/cis-sop-aos/1-16.html

    According to this manual..visa availability is determined by Visa bulletin ALONE..no where it mentions to look for an interin memo from INS..





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  • lazycis
    02-16 08:36 AM
    Using bold letters and big font ain't make it so. I agree that the situation is bad but there is not point in taking unjustifiable pity on yourself. Are you being physically stopped from moving to a different state/country/city? If not, then it is not slavery.

    This the era of high-information availability, and there is enough information available on some of the employers and so called "consultants" on how they treat their employees.

    Right on the money. Nobody forced us to come here and nobody prevents us from going home. Forget about slavery and discrimination. We have enough grounds for lawsuit without them.





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  • knowDOL
    08-03 04:21 PM
    The comment period ended April 17th 2006. I heard, Many top companies were against elimination, probably, because they had plenty of labors using which they could attract senior and bright H-1B's. Also, I think USCIS needs to publish an elimination of substitution in this respect which will again have to go through comment period, only after all this the elimination will come into place.

    But the reason why elimination proposal came in is because of fraud and not because of unfair ness to people who are in line or FIFO because of transfer of PD. DOL and USCIS noticed that companies are sellling Labors which is fraud. There was some memo that USCIS will not publish until last quarter, soeveryone expected the rule will become effective by August September time frame. But I have not read anything as of today that the USCIS published anything in Federal register relatting substituion elimination.

    Probably we should wait and watch. My guess is that something may come by October 1st, 2006. Only an assumption.





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  • syzygy
    09-23 01:41 AM
    This is great idea!


    As completely unrelated these two issues are (from a law maker's perspective) on a normal day, these are possibly those times when each of these issues can help the other.

    IV has been discussing about the possibility of one for two solution (partial). The idea is to request congress to exempt EB applicants & their dependents from numerical limits of the Immigrant visas, if they buy a home. It is my belief that market sentiment is the most important thing in any financial market(s) and the housing prospects look pretty bleak. There are lot of members in the EB community that have NOT bought their own home, even though they could afford one because of the uncertainty with EB GC. IV's idea is to bridge the financial committees and judiciary committees in the House/Senate and see if corresponding Chairman/Ranking members are willing to listen. Things are moving so fast with the 700bn USD bail out plan and we will NOT have time to do things the normal way, through our counsel. We have to present this idea to the corresponding staff members of key members of congress (see list below) and see if this gets traction now or going forward.

    Please do not bring EB-5 discussion/comparison here. The proposed partial solution is different from EB-5 in that EB-5 investors invest money and we are investing in our future with a genuine intention of making USA our permanent home.


    If you already have a home, thats fine. Any such legislation will reduce the wait times in EB categories and we need housing markets to rebound for a safer economy before the ripple effects are felt every where.

    Who to write to

    Staff members(Chief of Staff, Legislative LA, Financial LA, Legislative Director) of Chairman/Ranking members of House/Senate Judiciary committee & Finance/Banking committee, Staff members of your representative and your senators. Please find staff members of the committees in the spreadsheet (http://spreadsheets.google.com/pub?key=pptN-jEpAiyd3snslhPjBfw).

    You can find your representative & senator staff members on this website (http://www.outsourcecongress.org/outsource/congress/schstaffers.html).

    Content/Message

    SUMMARY

    This proposal alleviates the current US economic crisis, by motivating the US high skilled, legal immigrant workers to purchase homes. The size of this immigrant population is approximately 800,000 individuals. This effort if successful would inject up to US$ 20Billion approximately into the economy (approximately US$ 100 Billion in houses sold across the country) , while at the same time directing this money into the root cause of the economic crisis � the illiquidity of the national housing market. The above calculation is done
    assuming a median US home price of $212,400 and buyers making a down-payment of 20% of the cost of the home. Roughly estimating 400,000 buyers.

    BACKGROUND

    Undoubtedly, we are all devastated by the shake up on Wall Street in the past 15 days. Experts agree that the underpinning problem is the housing crisis caused by sub-prime mortgage loans. Many of us, who cannot afford our monthly mortgage payments are losing homes and putting them up for sale and foreclosure, which further adds to the crisis. At the same time, most of the Employment-based (EB) immigrant community would like to purchase homes and make the United States a permanent home for their families. These EB immigrants however, are living in a state of limbo, mostly in rental apartments because of the delays and uncertainties involved with the EB immigration procedure. The wait times in EB categories are exacerbated by the delays in processing by USCIS, even though eligible applicants have filed for Permanent Residency also known as Adjustment of Status. Such processing delays have resulted in the wastage of 218,000 immigrant visa numbers (Page 52 of USCIS Ombudsman Annual report 2007). The current Department of State visa bulletin shows 7+ years of wait times in certain categories. We strongly believe that legislation can be worked out in such a way that the housing markets all over the country can move towards recovery, while at the same time motivating the Green Card applicants to catalyze this recovery.

    It should be noted that this proposal by no means brings more immigrant workers into the US. The workers in the EB, skilled category are already present in the US, doing skilled jobs that no US worker is available to do. They are part of the long queue of backlogged cases that USICIS will eventually process; however, this wait can take years and in that case could not be used as a tool to minimize the course of the current economic crisis.

    SOLUTION

    Congress can pass legislation that exempts EB green card applicants and their dependents from the numerical limits of visa numbers, provided applicant(s) have bought a home making 20% down payment on the sale price of the home, for a time period deemed necessary by the congress.


    How can Employment based Immigrants help alleviate the housing problem?

    (1) Employment based immigrants are highly skilled and are employed in occupations such as Software, IT, Health care, Energy, Finance, Education and Research & Development across the United States.

    (2) Average income of these individuals/households is around 65,000/130,000 USD.

    (3) All these Employment based immigrants have gone through Department of Labor�s recruiting process, which certifies that there is no willing, able and qualified US Citizen to do the job.

    (4) Most of the Employment based immigrants have excellent credit history and good source of income to make the payments needed for their home mortgage.

    (5) By requiring a 20% down payment from this group of buyers, Congress can directly channel this money to where it is need most � at the banks.

    (6) Employment based green card applicants have been living in the United States for 6-8 years. Many of them have US graduate degrees in their fields of expertise. These applicants are well versed with the American culture and will not change the cultural landscape.

    (7) Financial burden on US government and treasury will be reduced drastically if the glut of houses in the market decreases.


    As a member of the community that wants to make the US its permanent home, I want to contribute to a solution that helps USA and US during these tough times. I sincerely believe that the 30 year commitment on mortgages by Employment based immigrants in the housing market, backed by solid, risk free mortgages can turn the down ward spiral in the housing market into a upward spiral.

    END OF CONTENT



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  • fairman
    08-17 01:21 PM
    Most of the Bollywood movies are junk ( vulgar dances etc.) . As more and more people mature in the north, the market for stars like SRK will dwindle. I request everybody to follow classic Bengali/Mallu movies.





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  • Sunx_2004
    12-07 01:29 PM
    Very good idea, with interest rate going down there is an opportunity for those who are looking to buy the house.
    And for those who already have house, If their green card messed up than you see more foreclosures.
    No matter, who are planning to buy house or who already bought house both will contribute to the economy in their own way.


    I guess many have given up and many are just trying to hang on to their jobs ..but don't give up ..just think about the peace of mind that a GC gives ..no more headaches from lawyers, USCIS, RFE's, employers, DL etc ..at the very least comment on this idea but before you dismiss it come up with a better idea (it is very stupid of people who just criticize but don't come up with alternative ideas).
    ----------------
    what if all immigrants and members were to call their local realtors - show interest in buying a house and once the realtor is interested ..tell her / him that you are postponing your home buying decision since the green card has got delayed ..and maybe ask him / her to tell the NAR (national realtor agency) to speak about speeding green cards to legal immigrants who are already here ??
    ...if people are motivated then maybe we can do media campaign too ..
    ------
    the above idea does not need any money / members can do it from the comfort of their homes ..please comment and either support this or come up with better idea ..Thanks in advance !!!
    (if the idea sounds good ..then all members can spread the word in their community - i.e. temples, churches, local potlucks, subdivision, apartment, AMWAY meetings etc etc ..at the very least IV membership will increase)



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  • old_hat
    05-02 02:19 AM
    By the way which planet are you from...Do you have GC problem there also..?

    did you believe in flowers campaign?





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  • ns007
    03-16 12:52 PM
    If the prior experience was related to your field, then I don't see why not. You may want to hurry because if USIS comes with 45-day labor expiration rule soon (which they may), you may not be able to use the prior approved labor.

    hi All,

    Can someone give me advice on this:

    I have 4 yrs Bachelors + 6.5 yrs of IT exp. i am being offered a Pre- approved labor(EB3-PD-Nov.2003), which was filed for someone with a condition-Bachelors + 4 years exp., at the time of filing.
    i graduated in June 2000, so i am about 1 year short for the 2003 PD. However i did some part time work during college in India and the lawyer says if i can get exp. letter from that company on a letter head, that should suffice.
    i am concerned if that India exp. during graduation will work or not.
    Has anyone faced a situation like this?
    the (part time exp)company was very small, can this be risky? what do you guys think?

    Thanks.



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  • swamy
    12-13 01:14 PM
    Here's the percentages of the top 10 populations of the world by nationality. How many of them are more than 7% ?

    China 20.0 %
    India 17.2 %
    United States 4.6 %
    Indonesia 3.4 %
    Brazil 2.8 %
    Pakistan 2.6 %
    Nigeria 2.5 %
    Russia 2.2 %
    Bangladesh 2.1 %
    Japan 2.0 %

    Based on this one can conclude that the 7% nationality rule is a veiled effort to limit Indian and Chinese immigrants specifically. Does this not amount to discrimination by nationality ? In addition we as legal immigrants are taxed without any representation. Taxation without representation was the reason the US was created in the first place.

    US history is full of examples where discrimination existed in one form or another and these discriminations were sucessfully challenged. A few examples are women's voting rights, minority voting rights and gerrymandering. These are good examples to study where the affected people had no legal voice to begin with.

    The civil rights movement is a recent example. There were existing laws that limited people from voting based on their literacy levels in the southern states. The literacy requirement for voting was really a thinly veiled attempt to limit voting rights of african americans for as long as possible. The civil rights movement was about changing these artificial laws to give voting rights to people who legally had no voice.
    http://www.usdoj.gov/crt/voting/intro/intro_c.htm

    You don't need to be a lawyer to speak up for your hardships as a law abiding resident. This country has tremendous protections for people living here which is what makes it great. We as an immigrant community need to build our awareness of US history and government if we expect things to change.

    I kind of agree. Sometimes laws are just thinly veiled attempts to discriminate and at other times they just didn't foresee it becoming discriminatory. Given the it was written by Sen. Kennedy, I doubt it was a deliberate attempt to choke Indians or anyother national. It was just a poorly thought out & unnecessary restriction. Even the ceiling was just to appease fearmongers. Given people wont be offered jobs if there aren't any, wheres the need for a ceiling if existing labor laws on bidding down wages are enforced(which are by the way). For two years in a row, H1 quota wasn't used precisely because of that. & if H1 is the first step, theres an even stronger argument for doing away with EB quotas- but given the current environment obviously fearmongers rule (so we're the one 'acquiescing' Lou). I think we should make the case but as Mark pointed out its costly and not the best strategy for us.





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  • Saburi
    07-08 06:19 PM
    This Question is for the Lawyer, how would the applicant know wether his or her aI 140 is revocked as my employer is saying he will revoke my I 140 but till date i have not recd any letter from USCIS or any other issues, how can somebody find out if the I 140 is revocked.

    Please let me know on this.

    Thanks for your help

    Saburi.



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  • unseenguy
    08-16 09:15 PM
    In 2000 December, I was travelling to Sydney from Mumbai Airport. I was held and later interviewed separately by a Tamil Speaking officer. Just because my name resembled like Srilankan Tamil. They wanted to ensure that I am not LTTE/or refugee travelling to Australia. Well, I was not offended. I just thought if these idiots have been careful before then would have avoided assasination of Rajiv Gandhi.

    Sure. If its done in a respectable manner its fine with some humor and jokes added and officer can do his part to diffuse the frustration. But CBP officers in US are rude and its well known fact.

    Indian customs officers are also no angels, Usually there is no profiling in India. I never ever faced a single question or treatment that was different than others. Nor did I see anyone being singled out.

    When you frisk abdul kalam when you know he is ex president. When you frisk george fernandes when he has diplomatic passport , when you detain SRK when others are vouching for it, when you handcuff Gates. Its profiling. Once in a while incident that is done in respectable humorous way can be forgotten, not the rude ones. I am sure officer was damn rude to piss off srk.





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  • jsb
    06-04 01:20 PM
    I agree. These are semantics of the process. Whatever they do it should appear to be an admin fix, rather than bypassing the law.

    This is what I was also proposing in another thread. we should ask for an administrative fix where once the application is pre adjudicated the applicant should be left alone and not issed any Employment verification letter rfe, or semilar\same job restrictions if they are back logged because of country quota and face multiple year wait, this way atleast it will give people some breating space, the way the system if set up right now, EAD, 485 pre adjudication, I140 approval are all useless if you keep getting Employment verification letter rfe and same semilar job rquirement. Without visa recapure it is going to take atleast 10 years for Eb3 and Eb2 india, in the next 10 years you will keep getting Employement verifivation letter rfe and semilar and same job requirement, there is no way anybody can survive that for 10 yeears. Administrative fix like this can happen without passing a law, for example USCIS started issuing 2 year EAD for retrogressed applicants as an administrative fix. We dont even need a interim green card we can continue on EAD with the administrative fix to exempt cases which have been preadjucated (485) from Employment verification letter RFE and same and semilar job requirement.



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  • garybanz
    01-14 09:50 AM
    lol, looks like she wants all of it for herself. Wakeup sister...you might be smart but the rest of the people here are not fools.




    Good Things about IV
    1. IV Core does not conduct its business in the forum. They learnt this lesson a long time ago.
    2. All their work is done in the donor forum and behind the scenes by volunteers
    3. If they feel that any idea is worth pursuing they invite that person (with the idea) behind the scenes and pursue that idea
    4. All the work is done by IV members themselves because they are helping themselves
    5. IV members are investing time and money to do work which impacts a large number of immigrants
    6. That is a professional way to do stuff and i admire the way work is done at IV

    Concerns of IV
    1. IV always states about the lack of will of people to do something for themselves
    2. IV always states that people just comment on forum but do not step forward to do stuff
    3. IV always says that people do not donate enough and without donation a grassroot organization will not survive

    What IV is doing wrong
    1. IV talks about a holistic approach whereby the benefit to EB community will trickle down and once EB2 will become current EB3 will get benefit of spillover
    2. IV is assuming EB2 will become current but with the number of indians coming to USA and number of indian students who will graduate from MS courses in USA over the next 5 years EB2I will always be backlogged
    3. Plus we are not even talking about EB2 ROW and EB3ROW demand which could go up
    4. Supporting the DV 55k bill to US educated GC applicants on the whole looks like a great plan. Sure here are 55k and here are about 150 k GC applicants. 150 - 50 IS 100 K. So if the bill passes we reduce the backlog by 50 k. Now i will am one of the person who will be getting a GC because i am US educated but my opposition to this bill is on principle
    5. What IV has to realise is that it is not only IV members specifically but it is a whole lot of non IV members who are EB3 who have been a bigger person in this whole immigration retorgression advocacy scheme of things till now.

    How let me explain. We have seen EB3 persons from 2002 who are still waiting for GC and who are not getting spill over visas because EB2 is using up all the spill over visas. So do you see any EB3 now complaining about the rule change supported by IV and made by USCIS whereby EB2 gets spill over visas. NO we do not see any EB3 complaining. That is because EB3 as a whole understands that that rule in the past being interpeted in a wrong way and the current way is the correct interpetation. Sure the old method gave EB3 some extra spill over visa benefit but the new interpetation caused EB3 to dry up compleletly. Now that in itself is against the very nature of self preservation by definition, But EB3 went along for the greater good

    What IV can do right
    1. Now we have this 55K DV Bill. This is something different from the spillover (which is law and cannot be changed). This is one time oppurtunity to alieviate the sufferings of EB group as a whole. So can IV which is supposed to be talking for the whole EB community do the right thing here and ensure (with advocacy they are so good at) that IV's stand is that 55K visa are given to all GC applicant from retrogressed countries based on oldest priority date first irrespective of EB2 and EB3.

    2. The concequence of such a move is that long retrogressed EB applicants will get relief (Which is one of the point IV talks about in their charter)
    3. Sure Many US educated applicants from EB2 and EB3 will oppose this move because lets face it, this move impacts their getting GC sooner. And if they behave like that they are in the same category as EB2 guys on this forum who do not entertain any idea which will impact their getting GC soon.

    What wil happen if IV does the above
    1. The DV 55K bill will NEVER pass in congress. This along with the other bills we have seen will bite the dust because no one in the current economic scenario would like to see more immigrants (US educated or not)

    2. The DV 55K bill will fail but IV would have achieved what it has failed to do till now. Get the support of EB3 community which they claim to represent.

    Synopsis
    How how does this work. This is a suggestion for discussion NOT a diktat to IV core to implement. If IV core does not allow discussion on this (and moderate this because frankly some of your existing advocacy group members and volunteers do not know what a discussion is and come out both fists swinging) then that is IV core perogative. they have that right since this is their system and they worked hard for it, and they believe what they say is right.

    One question i do have for all the members who have argued with me here. Have you seen all the discussion i have participated under and my other posts. Please do that before yelling that i was a member since 2006 and freeloader and all that. You need to do this because if i am you enemy (Scounderal, Liad weed, Anti Immgrant, Future USA etc) then don't you think to know your enemy is better.

    On a funny flip side ...............................
    How will this be treated by the current members
    Ohh He is a liar, cheat, sounderrl, absurer, voilent person, free loader, smooch, weed, Anti Immgrant, future USA and other unspeakable things

    By the way guys i am a She not a He

    Adieu/Ciao





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  • hiralal
    06-11 08:12 AM
    ratturani, i am seeing an increasing number of posts that state the facts as clearly as you have stated... thats great... now i think somewhere some day, someone will float a good idea of motivating employers such as MS, Intel, BAC etc to fight for us instead of trying to motivate only the congress... see, we dont have too much of power in congress... :-(
    very good points.
    this is what we do till infinity ...discuss discuss discuss.
    open more threads, discuss discuss discuss.
    end.
    we discuss more than the congress.

    let us come with small numerous campaigns to highlight the contributions of legal immigrants..atleast that will prevent people from getting bored



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  • garybanz
    12-14 11:58 AM
    "The SC concluded that the statutory discrimination within the class of aliens is permissible."

    This could justify difference in say EB1, EB2 and EB3 or F visa, H Visa and L visa. How ever there is no mention that discrimination could be on the basis of sex/race/country of origin etc. IMHO an extension of standard EEO laws should be applied for EB class immigration too.

    NB: I am an HR consultant and an expert on EEO laws, I still think that this discussion is worth taking to a top constitutional attorney. An hour of his time will cost peanuts compared to what we can possibly get out of this.





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  • maximus777
    08-21 12:46 AM
    SRK also equally crap to talk about...so lets give this thread rest to peace..

    Agreed



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  • lazycis
    12-13 05:41 PM
    I've got some experience with the court system and I think the whole discussion is pointless. To invalidate the law, it should be in conflict with the constitution. What article of the consitution conflicts with per-country limits for EB GC? If anything, quota is equally divided between countries, so there is no discrimination. To get a GC is not a right and never will be. End of story.





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  • reddymjm
    09-23 03:30 PM
    Sending link to TX chapter now.

    RandyK (or any one from MI chapter) Can you send a link to Mi chapter too. I already fwded the link to friends at work.





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  • PlainSpeak
    01-14 03:54 PM
    PlainSpeak, go check my posts - I have only addressed your eb discussion issue, and nothing else. (If you decide to answer this post, multi-quote all my posts on this thread - lets see where I have abused you! - I have 4 posts of which one is a repeat)

    If you had thought for a moment and seen that my previous posts got posted twice - you would have realized something amiss, or if you saw my last post you would have realized that it was not edited to remove anything! However, to you everything seems to be "out to get you" mode, and you talk of not attacking personally, and yet here you are!

    Refrain from dragging parents and spouses (which country/era do you think I am living in to have spouses?) into this. If you call for civility, then you got to be civil first!

    I don't know whether you are wasting your time, but I definitely am!

    BTW, if you do not want to go ahead to share the details of making your plans work, in spite of some members asking, what is the point in your continued answers?
    my friend willegtgc i am making an effort to be civil (and you go to be understanding about this). If i am talking in the context of everyone is about to get me that is because i have got so many abuses from 360 degress that it is hard to remember who was nice and non abusive and who was not

    And yes that was spouse not spouses (I am sorry about that spelling mistake) but you did post a message which was a . which was in relation to another members query about whether i am a man/women or something else. Now a . is called a Point which is also a degrotary reference to a person who is neither a man or a women. Now please do not deny it because there is no way you can fight that accusation off. I think if i dig deep down i wil come across other abuses made by you but i regress from the point

    Ok i have officialy got carpel tunnel syndrome.

    If you think you are wasting your time please stop responding to this post. I am up to my neck trying to reply back to you everytime. This is so simple why can you not do it. Do not reply anymore to this post anymore and atleast youwil have a good night sleep

    And do not even think of asking me about my plan. Where the heck do i have the time to write out anything concrete with people like you dissing me from every side. Now some one out here has asked me something similar and when i get time off from people like you (Yes YOU) i will get a chance to work on it and post it next.

    May be this week end will be a very interesting time for a discussion or maybe not. So take my advise my friend.

    If you get what i am saying i woul suggest there be no more posts from you, because beleive me i wil ignore your post. If you have some free time i would suggest you take some time and try to get my negetive count down. It is right now 4000.

    You (Everyone at IV) keep asking new members to beleive in what they are doing and make an effort without looking at the result right? You keep asking me what i did till now for IV. Ok now here is your chance. Think about it.

    PlainSpeak giving and impression of what willegtgc should be thinking instead
    Maybe Maybe Maybe this person was handled in a wrong way. Maybe if i show some kind of respect for the idea and for the person maybe it will make this persons day because maybe this person was speaking sense and maybe this person has the guts to follow up on what was said if given a chance to write something concerete, so maybe i willgetgc will give him a chance...





    k3GC
    07-03 05:06 PM
    We have used Web fax in the past, I had also read in a different thread that it (faxes to senators) is how things work here. there were reports of how other groups had used and sent more web faxes than us etc etc ....

    Why dont we do that now.

    Fax to every senator, include the congress womans letter

    Make an IV statement supporting the congresswoman

    Lot of people will join the fax campaign

    Let us try multiple avenues - Lawsuit , blogs, faxes, media etc etc.

    Let us create as much noise as we can

    Please enable the web fax.





    Michael chertoff
    07-12 02:03 PM
    My question:

    I left my GC sponsoring company, and joined different company on EAD. working in new company from last two months.(My I-140 was approved on 2006.)

    I did not used AC21 , because my previous company is supporting me they said they will not revoke I-140 and will give me any letter on any RFE.

    My question:

    1.Is it Ok that i will keep working on new comapny without invoking AC21 and go back to my previous employer on i-485 approval.

    2. Or in case of any RFE i will send the AC21 paperwork from new employer.

    3. Or if there is no RFE, and i get approval. then i will go back to my old employer and ask them for a letter that they are not able give me job because of there financial reason(for my records to show that i wanted to work for that employer). I will keep working with new employer without informing USCIS.

    please suggest what should i do in this situation.

    Or it is must to INVOKE AC21 for me even both companies are supporting me.

    thanks.

    MC



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