Eternal_Hope
02-10 05:40 AM
I am not sure about the statement "There is no corporate support for EB reform.....". Check this link http://www.competeamerica.org/. They seem to have the same agenda as ours (i.e., IV's). Is IV aware (or in collaboration) with them?
The reason we see progress year after year with Schedule A and nothing happens in EB reform because there is no corporate support for EB reform. This is one of the reaons why we should be open for measure like 485 whenever possible, even after febuary 15th.
Maybe we need to figure out how we can involve the corporations in EB relief. The only reasons we see Schedule A relief every year because there is a strong health industry lobby driving this. the worst part about this is that these 90,000 and 50,000 which were released last year and they are trying now are comming from the unused\recaptured visas from previous years. there is no country limit in the unused\recaptured visas for Schedule A.
when it comes to us we cannot get unused visas and added to that somebody always tries to add country limit to even unused\recaptured visas. Its a double whammy for EB retrogression. May god help us.
The reason we see progress year after year with Schedule A and nothing happens in EB reform because there is no corporate support for EB reform. This is one of the reaons why we should be open for measure like 485 whenever possible, even after febuary 15th.
Maybe we need to figure out how we can involve the corporations in EB relief. The only reasons we see Schedule A relief every year because there is a strong health industry lobby driving this. the worst part about this is that these 90,000 and 50,000 which were released last year and they are trying now are comming from the unused\recaptured visas from previous years. there is no country limit in the unused\recaptured visas for Schedule A.
when it comes to us we cannot get unused visas and added to that somebody always tries to add country limit to even unused\recaptured visas. Its a double whammy for EB retrogression. May god help us.
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485Mbe4001
03-21 03:53 PM
The job description defines the EB category. There are many MS US(or worldwide) tech majors in EB3 simply because their lawyers were wimps or the job description did not support EB2.
Branding individual superiority based on the Type of visa application seems to be a desi quality...i have MS, i want EB2 etc..(i dont imply that you meant it, its just a general observation). i dont want to go into a discussion of the 'benefits' of a US Tech education with a job in an unrelated field.
You have put this in the best possible way. My allegiance to EB2 as I got my MS degree from US in Tech Major.
Branding individual superiority based on the Type of visa application seems to be a desi quality...i have MS, i want EB2 etc..(i dont imply that you meant it, its just a general observation). i dont want to go into a discussion of the 'benefits' of a US Tech education with a job in an unrelated field.
You have put this in the best possible way. My allegiance to EB2 as I got my MS degree from US in Tech Major.
vamsi_poondla
09-05 01:05 PM
You should see all that in the homepage...
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japs19
06-30 08:00 PM
Congrats! Thanks for sharing the news. Just chill and enjoy.
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eastindia
05-21 12:48 PM
Sent one today.
vikki76
03-05 12:28 AM
Let's see if giving them 5K brings more transparency..seems like a good idea about pooling in money
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jnagendra
07-17 08:03 PM
I am EB-3 ROW PD 2007 Aug. Reading all the Eb-3 I people's angry, I started to wonder what's gonna happen to the EB-3 ROW. Seems like if lots of Eb3-I change to EB2-I , They will probably eat up all the Spillover from Eb1, EB2 ROW from now on. That makes EB-3 ROW and EB-3 I become the same boat.
Is it what gonna happened?
All Indians and Chinese will file only EB2 now onwards:D
The problem is with past filings how to convert them to EB2.
Is it what gonna happened?
All Indians and Chinese will file only EB2 now onwards:D
The problem is with past filings how to convert them to EB2.
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waitnwatch
05-30 07:04 PM
I thought only who have advanced degree from US universities in STEM with 3 yrs exp are exempt from quota. That's what the talk all over the media. I am not sure how this is going to be, because 3 years of US experience is not very hard criteria to meet for which some of the votings won't go well. But have to wait and see.
Here is what the amendment specifically says and this exempts all US Masters/Ph.Ds and foreign masters/Ph.D in STEM with 3 years experience.
------------------------------------------------------------------------
`(5) WORLDWIDE LEVEL FOR MERIT-BASED EMPLOYER-SPONSORED IMMIGRANTS.--
``(A) IN GENERAL.--The worldwide level of merit-based employer-sponsored immigrants under this paragraph for a fiscal year is equal to--
``(i) 140,000, plus
``(ii) the number computed under subparagraph (B).
``(B) ADDITIONAL NUMBER.--
``(i) FISCAL YEAR 2007.--The number computed under this subparagraph for fiscal year 2007 is zero.
``(ii) FISCAL YEAR 2008.--The number computed under this subparagraph for fiscal year 2008 is the difference (if any) between the worldwide level established under subparagraph (A) for the previous fiscal year and the number of visas issued under section 203(b)(2) during that fiscal year.''.
In section 501, insert after subsection (b) the following:
(c) Providing Exemptions From Merit-Based Levels for Very Highly Skilled Immigrants.--Section 201(b)(1) of the Immigration and Nationality Act (as amended by section 503(a)) (8 U.S.C. 1151(b)(1)) is further amended by inserting after subparagraph (G) the following:
``(H) Aliens who have earned a master's or higher degree from a United States institution of higher education, as such term is defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
``(I) Aliens who have earned a master's degree or higher degree in science, technology, engineering, or mathematics and have been working in a related field in the United States in a nonimmigrant status during the 3-year period preceding their application for an immigrant visa under section 203(b).
``(J) Aliens who--
``(i) have extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation; and
``(ii) seek to enter the United States to continue work in the area of extraordinary ability.
``(K) Aliens who--
``(i) are recognized internationally as outstanding in a specific academic area;
``(ii) have at least 3 years of experience in teaching or research in the academic area; and
``(iii) who seek to enter the United States for--
``(I) a tenured position (or tenure-track position) within an institution of higher education to teach in the academic area;
``(II) a comparable position with an institution of higher education to conduct research in the area; or
``(III) a comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least 3 persons full-time in research activities and has achieved documented accomplishments in an academic field.
``(L) Aliens who--
``(i) in the 3-year period preceding their application for an immigrant visa under section 203(b), have been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof; and
``(ii) who seek to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.
``(M) The immediate relatives of an alien who is admitted as a merit-based employer-sponsored immigrant under subsection 203(b)(2).''.
Strike section 418(c)(1).
Strike section 419(a) and insert the following:
Here is what the amendment specifically says and this exempts all US Masters/Ph.Ds and foreign masters/Ph.D in STEM with 3 years experience.
------------------------------------------------------------------------
`(5) WORLDWIDE LEVEL FOR MERIT-BASED EMPLOYER-SPONSORED IMMIGRANTS.--
``(A) IN GENERAL.--The worldwide level of merit-based employer-sponsored immigrants under this paragraph for a fiscal year is equal to--
``(i) 140,000, plus
``(ii) the number computed under subparagraph (B).
``(B) ADDITIONAL NUMBER.--
``(i) FISCAL YEAR 2007.--The number computed under this subparagraph for fiscal year 2007 is zero.
``(ii) FISCAL YEAR 2008.--The number computed under this subparagraph for fiscal year 2008 is the difference (if any) between the worldwide level established under subparagraph (A) for the previous fiscal year and the number of visas issued under section 203(b)(2) during that fiscal year.''.
In section 501, insert after subsection (b) the following:
(c) Providing Exemptions From Merit-Based Levels for Very Highly Skilled Immigrants.--Section 201(b)(1) of the Immigration and Nationality Act (as amended by section 503(a)) (8 U.S.C. 1151(b)(1)) is further amended by inserting after subparagraph (G) the following:
``(H) Aliens who have earned a master's or higher degree from a United States institution of higher education, as such term is defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
``(I) Aliens who have earned a master's degree or higher degree in science, technology, engineering, or mathematics and have been working in a related field in the United States in a nonimmigrant status during the 3-year period preceding their application for an immigrant visa under section 203(b).
``(J) Aliens who--
``(i) have extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation; and
``(ii) seek to enter the United States to continue work in the area of extraordinary ability.
``(K) Aliens who--
``(i) are recognized internationally as outstanding in a specific academic area;
``(ii) have at least 3 years of experience in teaching or research in the academic area; and
``(iii) who seek to enter the United States for--
``(I) a tenured position (or tenure-track position) within an institution of higher education to teach in the academic area;
``(II) a comparable position with an institution of higher education to conduct research in the area; or
``(III) a comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least 3 persons full-time in research activities and has achieved documented accomplishments in an academic field.
``(L) Aliens who--
``(i) in the 3-year period preceding their application for an immigrant visa under section 203(b), have been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof; and
``(ii) who seek to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.
``(M) The immediate relatives of an alien who is admitted as a merit-based employer-sponsored immigrant under subsection 203(b)(2).''.
Strike section 418(c)(1).
Strike section 419(a) and insert the following:
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dilber
07-01 05:01 PM
I cannot believe that after everything that's happened over the last year or so, out of how many thousands of members of this group - just 199 of us called??
What are we doing as a group of people? Is it such a wonder that this country isn't moving on our immigration woes when we ourselves won't pick up the phone and talk to somebody about our troubles?
Wow-talk about complete and total apathy....I'm ashamed on behalf of each and every one those people who think they'll let someone else solve their problems - in which case I hope they don't ever complain about their lot in life. They have no right to.
Absolutely shameful...
If this is the level of participation we cannot and should not expect any thing. Just think about this there are a lot of anti's out there and they can and will vote. to offset that the volume of calls from us the non voters has to be substantially large. I called got my wife to call and a couple of friends I will try and talk to all my friends in TX to call as well. But that will just no cut it unless all of these 24000 so called members (I do not consider passive readers members.) will call and get all of their friends to call. I promise you when we get that level of participation whoever be the president, whomever hold the majority in House and / or senate our bills will be brought on the floor will be voted on, and will be signed by the president!!!
But until we do not have participation our voice will be small and nothing will be done. And we will keep on waiting forever...
Now go ahead and give me red dots. but my only request is please call and get your Husbands/Wifes/GF/BF to call. I will be happy with red dots if you at least call.
What are we doing as a group of people? Is it such a wonder that this country isn't moving on our immigration woes when we ourselves won't pick up the phone and talk to somebody about our troubles?
Wow-talk about complete and total apathy....I'm ashamed on behalf of each and every one those people who think they'll let someone else solve their problems - in which case I hope they don't ever complain about their lot in life. They have no right to.
Absolutely shameful...
If this is the level of participation we cannot and should not expect any thing. Just think about this there are a lot of anti's out there and they can and will vote. to offset that the volume of calls from us the non voters has to be substantially large. I called got my wife to call and a couple of friends I will try and talk to all my friends in TX to call as well. But that will just no cut it unless all of these 24000 so called members (I do not consider passive readers members.) will call and get all of their friends to call. I promise you when we get that level of participation whoever be the president, whomever hold the majority in House and / or senate our bills will be brought on the floor will be voted on, and will be signed by the president!!!
But until we do not have participation our voice will be small and nothing will be done. And we will keep on waiting forever...
Now go ahead and give me red dots. but my only request is please call and get your Husbands/Wifes/GF/BF to call. I will be happy with red dots if you at least call.
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krishnam70
03-05 12:22 PM
i think if we are paying for something we should have the ownership it too.
lets format a reply saying that 5K is too much for the job...if they can give us their Data Model diagram, we can give them the code in a week without any cost.
This is an excellent idea and a great opportunity to show case our skills. How about IV offering as non-profit organization our expertise ( from members) to help with this and reduce cost and improving efficiency of this program for USCIS - FREE OF COST.
I am aware there might be many issues with data security etc here but at least we could propose this. As a fellow member suggested this should be a report that needs to be published every few months or so to make it transparent and traceable.Ooops wait, will it show the true picture of how efficient USCIS is if they do this? :D
I dont see it going anywhere, this is just stalling. They already have that kind of information if the statement from O'man office is any indication or they lied to the office. Either way we need to highlight this with the O'man's office first and then follow it up with Local senators and highlight it. This needs to go big way.
Getting them to give one off statement is not going to solve anything besides it might be only a starting price and might increase or are they charging the same $5000 every time somebody asks them for an update.
- cheers
kris
lets format a reply saying that 5K is too much for the job...if they can give us their Data Model diagram, we can give them the code in a week without any cost.
This is an excellent idea and a great opportunity to show case our skills. How about IV offering as non-profit organization our expertise ( from members) to help with this and reduce cost and improving efficiency of this program for USCIS - FREE OF COST.
I am aware there might be many issues with data security etc here but at least we could propose this. As a fellow member suggested this should be a report that needs to be published every few months or so to make it transparent and traceable.Ooops wait, will it show the true picture of how efficient USCIS is if they do this? :D
I dont see it going anywhere, this is just stalling. They already have that kind of information if the statement from O'man office is any indication or they lied to the office. Either way we need to highlight this with the O'man's office first and then follow it up with Local senators and highlight it. This needs to go big way.
Getting them to give one off statement is not going to solve anything besides it might be only a starting price and might increase or are they charging the same $5000 every time somebody asks them for an update.
- cheers
kris
more...
santb1975
04-26 09:21 PM
Awesome. Thanks all
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dixie
07-17 11:45 PM
This clever trick isnt going to work forever. I understand a lot of you have already spent 8-9 years here waiting for a GC, but fresh H1-Bs like me fully know what the situation is and are mentally prepared with alternative plans for career advancement. Our strategy is to save like ants while here, make mimimal investments, apply for a GC and wait. If no reform is forthcoming, we will give up on the US as a long term option and head out much before we give the prime of our working careers to a dead-end job in this country.
If a majority of the H1-Bs do that, what will the tech companies do ? They will be forced to send more jobs to our home countries. Come on, you cannot do all your work with fresh-off-the-boat H1Bs .. experience will always be needed. If they cannot get those experienced folks here, the jobs will simply go where we are (and will get done for an even lower price of course).It is already happening; retrogression will only accelerate it. Such a situation effectively amounts to training foreign workers, paying them and sending them home. It is a no-brainer who the real loser is in such a bargain : yes, it is us in the short term, but ultimately the US economy will pay a price.
Current immigration policy is based on the assumption that our home countries will forever remain poor, and the US will have a never-ending stream of smart, hard-working people desperate to settle here. In a globalized world, that is fast becoming outdated.Sooner congress realises the better.
Let us fact it. We need GCs and we have waited for x years. Now that only seems to be illusion that may happen some day, many years from now. Have we contributed to this country. Yes in many folds.
Will the US govt provide relief. Probably not. They will certainly
raise H1bs as they need more contributors to SS. All this SKIL etc is just to keep us going for a few more years. After a few more years, many will give up, but get used to living the way we live now. We just wont have the energy to complain. After a while it is human nature, at least in most cases to accept. If we accept we will continue here hoping, some day GC will happen. I believe the majority will fall into this category. There maybe a few who will leave. But then there will be thousand more new H1b coming in to do the work, chasing the GC illusion, contributing to SS, buying cars, paying rents keeping the economy going. The lawyers will make money. Employers will get indentured workers. The economy will benefit from their productivity. So all concerned except you and me will be OK.
They understand the circle of life better than you and I do. It is about time we understand this. Once this sinks in, we will make the right choice, whet ever that maybe.
If a majority of the H1-Bs do that, what will the tech companies do ? They will be forced to send more jobs to our home countries. Come on, you cannot do all your work with fresh-off-the-boat H1Bs .. experience will always be needed. If they cannot get those experienced folks here, the jobs will simply go where we are (and will get done for an even lower price of course).It is already happening; retrogression will only accelerate it. Such a situation effectively amounts to training foreign workers, paying them and sending them home. It is a no-brainer who the real loser is in such a bargain : yes, it is us in the short term, but ultimately the US economy will pay a price.
Current immigration policy is based on the assumption that our home countries will forever remain poor, and the US will have a never-ending stream of smart, hard-working people desperate to settle here. In a globalized world, that is fast becoming outdated.Sooner congress realises the better.
Let us fact it. We need GCs and we have waited for x years. Now that only seems to be illusion that may happen some day, many years from now. Have we contributed to this country. Yes in many folds.
Will the US govt provide relief. Probably not. They will certainly
raise H1bs as they need more contributors to SS. All this SKIL etc is just to keep us going for a few more years. After a few more years, many will give up, but get used to living the way we live now. We just wont have the energy to complain. After a while it is human nature, at least in most cases to accept. If we accept we will continue here hoping, some day GC will happen. I believe the majority will fall into this category. There maybe a few who will leave. But then there will be thousand more new H1b coming in to do the work, chasing the GC illusion, contributing to SS, buying cars, paying rents keeping the economy going. The lawyers will make money. Employers will get indentured workers. The economy will benefit from their productivity. So all concerned except you and me will be OK.
They understand the circle of life better than you and I do. It is about time we understand this. Once this sinks in, we will make the right choice, whet ever that maybe.
more...
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NolaIndian32
04-28 04:30 PM
My contribution is $100
Receipt ID: 6TC86385X78160434
Thanks Anuraj1234!!!
We appreciate your support and contribution!!!
Receipt ID: 6TC86385X78160434
Thanks Anuraj1234!!!
We appreciate your support and contribution!!!
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mvpkreddy
09-20 03:46 PM
To be frank there was momemtum and energy missing in DC and other states before the rally! I think there are many ignorant, many not willing and many not up to giving a day!
Have we tried to educate them about their situation today ..
IF many of us have been able to file I485 in JULY then its 'coz of IV and ONLY IV!!
If we stress on IV's acheivements .. eg. flower campaign & San jose Rally and outcome of these..Reversal of Visa Bulletin then I think people will try to understand..
Tell you what people with PD in the last 2 yrs have not shown up in big numbers! Only with PD as late as 2001,02,03,04,05 have been able to evaluate the seriuosness of the whole GC thing & able to visualise the waiting frustrations!! Lets bring in more of the recent yrs PD people so that they know HOW LUCKY they are Just 'coz of IV!!
I think most of PD's with 05, 06, 07 got a chance to apply I-485 and may be they thought tht they got their GC by applying I-485. They are happy for tht and didnt really understand the seriousness of the situation. This is just my thought. [No offense on all ppl who attended the rally with PD 05, 06, 07]
Have we tried to educate them about their situation today ..
IF many of us have been able to file I485 in JULY then its 'coz of IV and ONLY IV!!
If we stress on IV's acheivements .. eg. flower campaign & San jose Rally and outcome of these..Reversal of Visa Bulletin then I think people will try to understand..
Tell you what people with PD in the last 2 yrs have not shown up in big numbers! Only with PD as late as 2001,02,03,04,05 have been able to evaluate the seriuosness of the whole GC thing & able to visualise the waiting frustrations!! Lets bring in more of the recent yrs PD people so that they know HOW LUCKY they are Just 'coz of IV!!
I think most of PD's with 05, 06, 07 got a chance to apply I-485 and may be they thought tht they got their GC by applying I-485. They are happy for tht and didnt really understand the seriousness of the situation. This is just my thought. [No offense on all ppl who attended the rally with PD 05, 06, 07]
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chmur
11-17 12:20 PM
Swami : appreciate your effort ...but your post is , i am afraid , illogical.
"Once again, dont expect people to be courteous and receptive to courtesy overnight."
Why ?? because IV is busy fixing this mess for you??. I appreciate and value all that IV is doing but, 'Courtsey' is a basic expectation. IV, I am afraid, will NEVER earn the right to say " dont expect people to be courteous and receptive ". no successful entity will ever EARN that, leave alone a grassroots support seeking movement.
I assume you are not speaking for IV core and move on, we all have tasks to do .
good luck
"Once again, dont expect people to be courteous and receptive to courtesy overnight."
Why ?? because IV is busy fixing this mess for you??. I appreciate and value all that IV is doing but, 'Courtsey' is a basic expectation. IV, I am afraid, will NEVER earn the right to say " dont expect people to be courteous and receptive ". no successful entity will ever EARN that, leave alone a grassroots support seeking movement.
I assume you are not speaking for IV core and move on, we all have tasks to do .
good luck
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john22
06-13 09:26 PM
Filed I-485 in Sep 2004 and pending since then, what are my options?
Now since it is current what should I do? Any suggestions, I am going to call USCIS and my attorney.
Now since it is current what should I do? Any suggestions, I am going to call USCIS and my attorney.
more...
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amitjoey
04-09 04:59 PM
This feels good to see people helping out a complete stranger. Never saw such camaraderie elsewhere.
Yes, thats what IV is. We stand together.
Yes, thats what IV is. We stand together.
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kris04
08-05 04:01 PM
I don't know about the gulf. But Singapore and other Asian countries, pay structure is different for different race and skin color. This happens even if you have GC or citizenship from US.
when I mentioned about the pay structure based on Citizenship, I did'nt mean about race or skin color. there is a legal bilateral agreement between US, Canada and certain western nations, that if their citizen are hired in Gulf countries then the starting salary range is different. As far as discrimination in Singapore or other Asian nation you're right, especially Singapore, Malaysia etc..
regards
kris
when I mentioned about the pay structure based on Citizenship, I did'nt mean about race or skin color. there is a legal bilateral agreement between US, Canada and certain western nations, that if their citizen are hired in Gulf countries then the starting salary range is different. As far as discrimination in Singapore or other Asian nation you're right, especially Singapore, Malaysia etc..
regards
kris
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skv
09-25 11:48 AM
I have had all good experiences with fragoment till now, and I have been dealing with them for a couple of years now. They were very professional i should say. Again I work for one of the top 3 financial firms , and my employer has fragomen as preferred law firm.
I work for the Wall Street Investment Bank, I don't see any reason why Fragomen is a bad one, most of the banks deals with them.
Bad for some people, doesn't mean it's universal for everyone, for that matter that can happen to any law firm. :-):)
I work for the Wall Street Investment Bank, I don't see any reason why Fragomen is a bad one, most of the banks deals with them.
Bad for some people, doesn't mean it's universal for everyone, for that matter that can happen to any law firm. :-):)
delhiguy79
07-18 12:54 PM
They will definitely accept the copies of the check. The reason I applied my I-140 in May 07 and didn't got any receipt and I intend to file PPS for which I require copy of I-140 but when I talked to the customer service they suggested me this solution and after that I got my check photocopies from my employer
neeraj,
if the employer does not give u the check then we cant send check copies. :-(
neeraj,
if the employer does not give u the check then we cant send check copies. :-(
prince_charming
09-12 11:50 PM
Prince charming - I invoked AC21 sometime back after 180 days of filing 485 and moved to a new job on EAD.
My ex employer revoked 140. At this point of time I did a lot of research and found out the following things
(1) AC21 letter never reaches your file - there is no system in place for AC21 letter. G 28 gets into the system because there is a process in place for G 28
AC21 is a law that allows you to change jobs but there is no system in place.
(2) AC21 letter must be provided upon request - different officers want differtent information so they generally issue a NOID and ask you to submit evidence in 30 days. USCIS in some cases sends out straight denials. The denial letter generally has information to file MTR within 30 days if the case needs to be reopened due to USCIS error.
In August when my case was being processed, they sent me a NOID but sent my wife Fp notice - I called customer service and was advised that she can go for FP as usual but I have to respond to NOID before they move forward with my case and I promptly responded with AC21 and my case status changed to "Case reopened, response received" and there were soft LUDs hitting my 485.
Keep all documentation ready and be proactive, you can hire a good lawyer from MTR, remember that when you file for MTR, you cannot work - so before you inform your employer, get a letter from them and then inform them - in case employers will be reluctant to give any documentation if they know you cannot work for sometime. If you are on h1b you dont have to worry.
MTR approvals can take 3 to 5 weeks or more too.
if not on h1b you start accruing unlawful status and usually lawyers suggest that you stay till less than 180 days when your MTR is filed - it never takes 180 days for a decision on MTR so dont worry about unlawful status.
These are hidden risks in AC21 but good news is that AC21 cases have always been successful.
You may have to go through this period of uncertainity.
Good luck.
I have already informed my attorney about CRIS email i received. Also as i used H1B transfer to join new company and never used EAD i am not accuring any unlawful status.
For sure G-28 reached as i saw LUD a week after sending G-28 but AC21 is lost somewhere in USCIS blackhole.
My ex employer revoked 140. At this point of time I did a lot of research and found out the following things
(1) AC21 letter never reaches your file - there is no system in place for AC21 letter. G 28 gets into the system because there is a process in place for G 28
AC21 is a law that allows you to change jobs but there is no system in place.
(2) AC21 letter must be provided upon request - different officers want differtent information so they generally issue a NOID and ask you to submit evidence in 30 days. USCIS in some cases sends out straight denials. The denial letter generally has information to file MTR within 30 days if the case needs to be reopened due to USCIS error.
In August when my case was being processed, they sent me a NOID but sent my wife Fp notice - I called customer service and was advised that she can go for FP as usual but I have to respond to NOID before they move forward with my case and I promptly responded with AC21 and my case status changed to "Case reopened, response received" and there were soft LUDs hitting my 485.
Keep all documentation ready and be proactive, you can hire a good lawyer from MTR, remember that when you file for MTR, you cannot work - so before you inform your employer, get a letter from them and then inform them - in case employers will be reluctant to give any documentation if they know you cannot work for sometime. If you are on h1b you dont have to worry.
MTR approvals can take 3 to 5 weeks or more too.
if not on h1b you start accruing unlawful status and usually lawyers suggest that you stay till less than 180 days when your MTR is filed - it never takes 180 days for a decision on MTR so dont worry about unlawful status.
These are hidden risks in AC21 but good news is that AC21 cases have always been successful.
You may have to go through this period of uncertainity.
Good luck.
I have already informed my attorney about CRIS email i received. Also as i used H1B transfer to join new company and never used EAD i am not accuring any unlawful status.
For sure G-28 reached as i saw LUD a week after sending G-28 but AC21 is lost somewhere in USCIS blackhole.
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