dvb123
09-20 05:34 PM
Is it true that there can be only 3000 visas(approx) for EB3-India p.a.
Unfortunately it is true. With husband and wife only 1500 ppl are gettting gc per year. During Clinton ac21 law in 2001 he gave 130,000extra immigrant visa numbers which was exhausted in 2005. Otherwise eb3 would have remained in late 1990's. So there was a fiasco in July 2001 and again another one in July 2007.
Retrogression was an age old issue. It was there and it will be there.
June 2001 Visa Bulletin
http://www.vkblaw.com/archive/2001/june.htm
After the American Competitiveness in the 21st Century was passed all eb categories became current
July 2001 Bulletin
http://www.vkblaw.com/archive/2001/july.htm
This is an excerpt from August 2001 bulletin
As many readers have already noticed, all of the Employment-based IV categories have became "current" while all of the Family-sponsored categories have either retrogressed or become "unavailable".
Note that the Employment-based categories are "current" and are expected to remain "current" in the foreseeable future for the following reasons: 1) the FY-2001 Employment annual limit is at an all time high (approximately 190,000); 2) the American Competitiveness in the 21st Century Act removed the per-country limit if there were otherwise unused numbers available, and 3) this Act also established a "pool" of (approximately 130,000) unused Employment-based numbers from FY-1999 and FY-2000 that could be used if the annual Employment numerical limit is reached
Unfortunately it is true. With husband and wife only 1500 ppl are gettting gc per year. During Clinton ac21 law in 2001 he gave 130,000extra immigrant visa numbers which was exhausted in 2005. Otherwise eb3 would have remained in late 1990's. So there was a fiasco in July 2001 and again another one in July 2007.
Retrogression was an age old issue. It was there and it will be there.
June 2001 Visa Bulletin
http://www.vkblaw.com/archive/2001/june.htm
After the American Competitiveness in the 21st Century was passed all eb categories became current
July 2001 Bulletin
http://www.vkblaw.com/archive/2001/july.htm
This is an excerpt from August 2001 bulletin
As many readers have already noticed, all of the Employment-based IV categories have became "current" while all of the Family-sponsored categories have either retrogressed or become "unavailable".
Note that the Employment-based categories are "current" and are expected to remain "current" in the foreseeable future for the following reasons: 1) the FY-2001 Employment annual limit is at an all time high (approximately 190,000); 2) the American Competitiveness in the 21st Century Act removed the per-country limit if there were otherwise unused numbers available, and 3) this Act also established a "pool" of (approximately 130,000) unused Employment-based numbers from FY-1999 and FY-2000 that could be used if the annual Employment numerical limit is reached
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a_yaja
07-14 09:00 PM
You said LC Exempt.. LC can be exempted for few categories such as L1A, PHD Students etc.
If your friend is L1A?
Looks like USCIS cogratulates only for EB1 candidates.. Sometime I feel they do deserve a congratulation note.
You can also congratulate your freind on behalf of me .. Good News...
I heard a friend who applied PR while pursuing PHD from Stanford. It seems some one called him from INS(At that time) and invited him to visit the Local USCIS office so that they can deliver plastic in a cerimony.
Some people are born great folks. we are proude of them.
LC is also exempt for Schedule A categories. These are pre-certified occupations that the DOL has already certified as shortage areas (e.g.: Physical Thearphists, Nurse, etc.)
If your friend is L1A?
Looks like USCIS cogratulates only for EB1 candidates.. Sometime I feel they do deserve a congratulation note.
You can also congratulate your freind on behalf of me .. Good News...
I heard a friend who applied PR while pursuing PHD from Stanford. It seems some one called him from INS(At that time) and invited him to visit the Local USCIS office so that they can deliver plastic in a cerimony.
Some people are born great folks. we are proude of them.
LC is also exempt for Schedule A categories. These are pre-certified occupations that the DOL has already certified as shortage areas (e.g.: Physical Thearphists, Nurse, etc.)
manderson
10-16 09:35 AM
According to this article "Lofgren says she and the subcommittee plan to meet with the IEEE later this week to discuss the proposal."
Why isn't IV invited to this?
Why isn't IV invited to this?
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drirshad
07-13 01:25 PM
Ok this is just for fun so no offense to anyone .....
Adding to the list of what can be done to get selected for a visa number.
1) Hack the visa bulletin websites across the globe so the next one never comes
2) Marry the IO so you get the gc this way or that.
3) Put a tent outside the local Senator's house so they get your case prioritized.
4) Fasting tents outside white house until we get the gc.
5) Leave the whole gc headache behind and go back home.
Current is a stale word and USCIS knows how to make that happen.
Adding to the list of what can be done to get selected for a visa number.
1) Hack the visa bulletin websites across the globe so the next one never comes
2) Marry the IO so you get the gc this way or that.
3) Put a tent outside the local Senator's house so they get your case prioritized.
4) Fasting tents outside white house until we get the gc.
5) Leave the whole gc headache behind and go back home.
Current is a stale word and USCIS knows how to make that happen.
more...
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bheemi
02-21 04:48 PM
Hi,
She can start working only from October of this year..You have to get her H4 extended. Because new h1 start date would be from Oct 2007. So she can start work from Oct 2007 without leaving country. But she has to be on status H4 until oct 2007..
so you have to apply for h1 and also h4 extension for her not to go out of status
She can start working only from October of this year..You have to get her H4 extended. Because new h1 start date would be from Oct 2007. So she can start work from Oct 2007 without leaving country. But she has to be on status H4 until oct 2007..
so you have to apply for h1 and also h4 extension for her not to go out of status
gimme_GC2006
07-25 05:44 PM
CP don't get EAD/AP... So should be AOS..
gimme_GC2006, good luck with your interview... call uscis again to inform them of PD issue.. Should not matter as you'll be taking your 140/labor copy to prove the correct PD (I just know you will take all the eveidence you've :-))
By any chance was your case transferred recently to NBC or NSC->TSC or vice versa.. I am just trying to understand if there was something that could give indication that interview may be in pipeline... Mine date is current in August and case was transferred to TSC (Houston) recently... Not sure what this means though...
EB2-I June 2004
ajju bhai..thank you!
Mine was transferred from TSC to NBC. I filed at TSC originally.
Good luck hope yall get your GC soon
gimme_GC2006, good luck with your interview... call uscis again to inform them of PD issue.. Should not matter as you'll be taking your 140/labor copy to prove the correct PD (I just know you will take all the eveidence you've :-))
By any chance was your case transferred recently to NBC or NSC->TSC or vice versa.. I am just trying to understand if there was something that could give indication that interview may be in pipeline... Mine date is current in August and case was transferred to TSC (Houston) recently... Not sure what this means though...
EB2-I June 2004
ajju bhai..thank you!
Mine was transferred from TSC to NBC. I filed at TSC originally.
Good luck hope yall get your GC soon
more...
abd
09-12 01:29 PM
Talking about priorities like
border fencing/wall
Unmanned Vehicles
Temper proof cards
Nothing so far for legal immigration
border fencing/wall
Unmanned Vehicles
Temper proof cards
Nothing so far for legal immigration
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ffb613
06-02 11:01 AM
Hi, I hope you can help me. Here is my situation: I am a US citizen, married to a Canadian. We have been living in Israel for the past 2 1/2 years under my husband's student visa. We are now trying to move to America and get my husband immigrated. My husband got a job as a religious worker, so we have 2 options but there are problems with each:
1) to do family-based immigration (I-130)- great in theory, except i don't think there will be enough time since I can't do it from here (because we are on student visas) and we won't be returning to America until mid-July, and his job starts at the end of August. So i don't see how we would get his working papers by then.
2) as a religious worker (I-360)- he fits all of the requirements under "religious occupation" but the law is changing on September 29th to include only ministers, which he is not (he *is* a rabbi but that's not his job). So I also don't see how we will get his I-485 approved by then.
One option I thought of, tell me if this is even possible, is: to initially come into the country as a religious worker, and if his I-485 is not approved by the time they cancel the program, can I then sponsor him as my husband?
Thanks!
1) to do family-based immigration (I-130)- great in theory, except i don't think there will be enough time since I can't do it from here (because we are on student visas) and we won't be returning to America until mid-July, and his job starts at the end of August. So i don't see how we would get his working papers by then.
2) as a religious worker (I-360)- he fits all of the requirements under "religious occupation" but the law is changing on September 29th to include only ministers, which he is not (he *is* a rabbi but that's not his job). So I also don't see how we will get his I-485 approved by then.
One option I thought of, tell me if this is even possible, is: to initially come into the country as a religious worker, and if his I-485 is not approved by the time they cancel the program, can I then sponsor him as my husband?
Thanks!
more...
Lisap
08-22 11:03 PM
No it wasnt me. I would love to be on their show though!
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greenlight
09-16 02:15 AM
Hi
We recd the EAD cards in mail, but haven't got the FP notice. The EAD Card says no finger print available
Is that a problem and how to find out if the FP notice has been mailed or not. Does is come in the online case status of I485?
regards
Rajesh
Rjain15 and anilvt,
I would like to know at which service center your 485 and EAD were filed.
Rjain15, What date did you file your EAD?
I now have the notice for fingerprinting, but I don't have the EAD yet. My 485/EAD/AP were filed at the NSC on July 24. It seems like NSC issues the receipt notices faster than the TSC, but EAD at the NSC is taking longer based on other forums I've read.
We recd the EAD cards in mail, but haven't got the FP notice. The EAD Card says no finger print available
Is that a problem and how to find out if the FP notice has been mailed or not. Does is come in the online case status of I485?
regards
Rajesh
Rjain15 and anilvt,
I would like to know at which service center your 485 and EAD were filed.
Rjain15, What date did you file your EAD?
I now have the notice for fingerprinting, but I don't have the EAD yet. My 485/EAD/AP were filed at the NSC on July 24. It seems like NSC issues the receipt notices faster than the TSC, but EAD at the NSC is taking longer based on other forums I've read.
more...
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bombaysardar
08-05 01:15 AM
August 03 2007 USCIS Receipt date update from Nebraska has Typo. It has menioned 07/112007 instead of 07/11/2007 or something.
If anyof us submit an application with minor error like wrong check amount USCIS rejects the application instead of giving RFE, however, when USCIS issues updates with Typo it covers itself with the another update or doesn't bother?
I think, appilcants are at the descretion at the hand of USCIS?
get a life
If anyof us submit an application with minor error like wrong check amount USCIS rejects the application instead of giving RFE, however, when USCIS issues updates with Typo it covers itself with the another update or doesn't bother?
I think, appilcants are at the descretion at the hand of USCIS?
get a life
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ganguteli
01-26 05:56 PM
Hello guys
Just when you think things are all on track , you are hit with the unexpected. My short story is,
I applied for H1b for last 3 years and number dint appear in the lottery. In 2006 I was little late in applying.
My wife got on H1b and I on H4, her employer applied for green cards under Eb2 category, she is a associate professor. Right when July fiasco happened , our first step was in process. My wife got her job for 3 year contract and we were under the impression, it will get extended.
Now her employer said they cannot extend her contract and she has till may of this year.
We are Eb2, PD august 07, our I40 is cleared and now we are met with this. Life here in this country has made us so miserable, that we are now contemplating our stay in this country.
I am currently on F1, doing my masters.
My question to Pappu is, taking the current economic situations, is there going to be some provision to save people like us, who had approved I40, but are loosing jobs and have not applied for I485. I know all selfish EAD are thinking they are better of, but people like us who couldn't apply in that frame are suffering.
Are we going to do something about this? Do I still have time till may, in terms of some radical change in immigration for people like us. Can IV help people like us out?
(Please ignore my profile of 485, it is not correct, as I was trying to enter random information to get access to IV)
Life Isn't about waiting for The storm to pass, it's about learning to dance In the rain!
When you are in despair, think about people who are worse than you.
Think about those who do not even I140 approval or labor approval and get laid off without notice.
There are so many students who fail to win the H1B lottery every year and may be forced to go back. You at least found a way to stay in this country and earn $s.
Just when you think things are all on track , you are hit with the unexpected. My short story is,
I applied for H1b for last 3 years and number dint appear in the lottery. In 2006 I was little late in applying.
My wife got on H1b and I on H4, her employer applied for green cards under Eb2 category, she is a associate professor. Right when July fiasco happened , our first step was in process. My wife got her job for 3 year contract and we were under the impression, it will get extended.
Now her employer said they cannot extend her contract and she has till may of this year.
We are Eb2, PD august 07, our I40 is cleared and now we are met with this. Life here in this country has made us so miserable, that we are now contemplating our stay in this country.
I am currently on F1, doing my masters.
My question to Pappu is, taking the current economic situations, is there going to be some provision to save people like us, who had approved I40, but are loosing jobs and have not applied for I485. I know all selfish EAD are thinking they are better of, but people like us who couldn't apply in that frame are suffering.
Are we going to do something about this? Do I still have time till may, in terms of some radical change in immigration for people like us. Can IV help people like us out?
(Please ignore my profile of 485, it is not correct, as I was trying to enter random information to get access to IV)
Life Isn't about waiting for The storm to pass, it's about learning to dance In the rain!
When you are in despair, think about people who are worse than you.
Think about those who do not even I140 approval or labor approval and get laid off without notice.
There are so many students who fail to win the H1B lottery every year and may be forced to go back. You at least found a way to stay in this country and earn $s.
more...
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ekkatip
09-12 04:13 PM
My experince in porting EB3 to EB2.
One of my friend labor was applied in Eb3 since he was not eligible for eb2 in 2002. His labor and I-140 was cleared in 2006 and waiting to apply I-485.
Meanwhile he got promotion in same company. So he applied for EB2 labor.
(If 50% of job duties change you can claim experience gained in that company.)
He applied another labor in Eb2.
Eb2 labor cleared from same company.
I-140 cleared (ported old priority date.)
Applied I-485 in early 2007.
He got GC by end of 2007.
My case was also similar.
My labor was applied in 2002 in Eb3 since i was not eligible for eb2 in 2002.
Labor and I-140 cleared in 2006.
Got promotion in same company. I asked my company to apply labor in EB2 and port PD. They agreed to pay potion of the cost.
My Eb2 labor approved in 2007 (perm)
I-140 approved but Texas service enter screwed my case they did not ported by old priority date. I-140 approved with PD date 2007.
My attorney requested USCIS to port PD but no luck till now.
I spent 7000$ for this.
Bottom line is Porting of PD from Eb3 to Eb2 worked for some people only.
One of my friend labor was applied in Eb3 since he was not eligible for eb2 in 2002. His labor and I-140 was cleared in 2006 and waiting to apply I-485.
Meanwhile he got promotion in same company. So he applied for EB2 labor.
(If 50% of job duties change you can claim experience gained in that company.)
He applied another labor in Eb2.
Eb2 labor cleared from same company.
I-140 cleared (ported old priority date.)
Applied I-485 in early 2007.
He got GC by end of 2007.
My case was also similar.
My labor was applied in 2002 in Eb3 since i was not eligible for eb2 in 2002.
Labor and I-140 cleared in 2006.
Got promotion in same company. I asked my company to apply labor in EB2 and port PD. They agreed to pay potion of the cost.
My Eb2 labor approved in 2007 (perm)
I-140 approved but Texas service enter screwed my case they did not ported by old priority date. I-140 approved with PD date 2007.
My attorney requested USCIS to port PD but no luck till now.
I spent 7000$ for this.
Bottom line is Porting of PD from Eb3 to Eb2 worked for some people only.
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jsb
08-05 12:46 PM
If sponsoring emloyer does nothing (i.e. cancel I-140, answer RFE inappropriaely) to suggest that they will not employ you after you get GC, there is nothing to prevent you from working for another employer (provided you have a vehicle, e.g. H1B, to work for them) even within the 180 days. After 180 days, of course, sponsor's cancelling I-140 has no effect. Bottomline is to keep the intent of I-140 filing employer intact (it doesn't matter who you work for prior to I-485 approval).
more...
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psaxena
09-10 05:58 PM
IV just planted a few seeds here and there and when the fresh fruits of ideas will hang on it, they will let you know then.
I think most members have become disinterested because past effort have not produced any results.
One thing is clear just lecturing members to go meet up with the lawmakers is NOT working. IV needs to come up with some fresh ideas, I mean we all need to come up with new ideas.
I think most members have become disinterested because past effort have not produced any results.
One thing is clear just lecturing members to go meet up with the lawmakers is NOT working. IV needs to come up with some fresh ideas, I mean we all need to come up with new ideas.
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jsb
11-07 11:54 AM
...I am also in the same boat waiting for the 180 days to complete and moveon. I am considering the two options (i) use the new company's attorney for H1B transfer and all AC21 stuff - if the employer agrees to this and pays for that (ii) Do the AC21 part myself if the employer does not agree/pay.
...
This might be a good item for us to send emails to ombudsman and request to streamline this process ....
Option (i) and (ii) in that preference order, are very correct. As you mentioned, there is nothing special in AC21 other than getting a new EVL from the new employer matching approved I-140/LC
I also agree that this issue should be referred to Ombudsman for clear direction from USCIS as there will be numerous AC21 cases in early 2008.
...
This might be a good item for us to send emails to ombudsman and request to streamline this process ....
Option (i) and (ii) in that preference order, are very correct. As you mentioned, there is nothing special in AC21 other than getting a new EVL from the new employer matching approved I-140/LC
I also agree that this issue should be referred to Ombudsman for clear direction from USCIS as there will be numerous AC21 cases in early 2008.
more...
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maximus777
08-13 03:37 PM
Congrats and goodluck for your future! :)
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jonty_11
06-18 03:14 PM
This is my opinion based on my understanding. This is not a legal advice.
One may have alien# prior to filing of I-485 application and having (or not having) alien# has nothing to do with I-485.
One can file only one I-485 application. However, some argue that one can file for I-485 and CP based on 2 different basis.
The important thing is that underlying basis for I-485 can be changed without re-filing of I-485. I don't understand the confusion. This is simple and not a complex issue.
Please spend some time in researching.
----------------------------------
Permanent Resident since May 2002
Can we change the underlying basis of the 485 and swap the Primary and Secondary Applicants?
This is because the spouse (wife who is dependant in first application filing) needs to be Primary for wahtever reason:
Job loss of Husband
Wifes PD is early and get Labor and I140 approved
One may have alien# prior to filing of I-485 application and having (or not having) alien# has nothing to do with I-485.
One can file only one I-485 application. However, some argue that one can file for I-485 and CP based on 2 different basis.
The important thing is that underlying basis for I-485 can be changed without re-filing of I-485. I don't understand the confusion. This is simple and not a complex issue.
Please spend some time in researching.
----------------------------------
Permanent Resident since May 2002
Can we change the underlying basis of the 485 and swap the Primary and Secondary Applicants?
This is because the spouse (wife who is dependant in first application filing) needs to be Primary for wahtever reason:
Job loss of Husband
Wifes PD is early and get Labor and I140 approved
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pbojja
01-26 11:46 AM
Hello guys
Just when you think things are all on track , you are hit with the unexpected. My short story is,
I applied for H1b for last 3 years and number dint appear in the lottery. In 2006 I was little late in applying.
My wife got on H1b and I on H4, her employer applied for green cards under Eb2 category, she is a associate professor. Right when July fiasco happened , our first step was in process. My wife got her job for 3 year contract and we were under the impression, it will get extended.
Now her employer ( control freak Egyptian) said they cannot extend her contract and she has till may of this year.
We are Eb2, PD august 07, our I40 is cleared and now we are met with this. Life here in this country has made us so miserable, that we are now contemplating our stay in this country.
I am currently on F1, doing my masters.
My question to Pappu is, taking the current economic situations, is there going to be some provision to save people like us, who had approved I40, but are loosing jobs and have not applied for I485. I know all selfish EAD are thinking they are better of, but people like us who couldn't apply in that frame are suffering.
Are we going to do something about this? Do I still have time till may, in terms of some radical change in immigration for people like us. Can IV help people like us out?
(Please ignore my profile of 485, it is not correct, as I was trying to enter random information to get access to IV)
dude,
Couple of things ..I can understand your frustation and most of us here have gone through trouble times in US , First and fore most thing you need to do during this times is not to get frustated with your life , life has much better value than US and GC .. Other thing is stop accusing other like you stated ..as selfish EADers . we got a break because we applied our GC before you .
Coming to the point, you except some radical changes in few months ..thats not going to happen, because of the economy and so much going on ..
For your case the best choice would be get a copy of I140 from your wife employer and choose a good consultant who can support your GC and you during the trouble times ..If you would like to know the employer like that PM me ..I can suggest you one for sure .
With your 140 copy you can get the original PD . we choose desi employers for a reason they may not sound very profesional during the times ..but they can save you during the trouble times ..Time to choose a right employer ..If I were you I would start looking for a employer and file your wife GC instead of wasting time for radical changes .
Just when you think things are all on track , you are hit with the unexpected. My short story is,
I applied for H1b for last 3 years and number dint appear in the lottery. In 2006 I was little late in applying.
My wife got on H1b and I on H4, her employer applied for green cards under Eb2 category, she is a associate professor. Right when July fiasco happened , our first step was in process. My wife got her job for 3 year contract and we were under the impression, it will get extended.
Now her employer ( control freak Egyptian) said they cannot extend her contract and she has till may of this year.
We are Eb2, PD august 07, our I40 is cleared and now we are met with this. Life here in this country has made us so miserable, that we are now contemplating our stay in this country.
I am currently on F1, doing my masters.
My question to Pappu is, taking the current economic situations, is there going to be some provision to save people like us, who had approved I40, but are loosing jobs and have not applied for I485. I know all selfish EAD are thinking they are better of, but people like us who couldn't apply in that frame are suffering.
Are we going to do something about this? Do I still have time till may, in terms of some radical change in immigration for people like us. Can IV help people like us out?
(Please ignore my profile of 485, it is not correct, as I was trying to enter random information to get access to IV)
dude,
Couple of things ..I can understand your frustation and most of us here have gone through trouble times in US , First and fore most thing you need to do during this times is not to get frustated with your life , life has much better value than US and GC .. Other thing is stop accusing other like you stated ..as selfish EADers . we got a break because we applied our GC before you .
Coming to the point, you except some radical changes in few months ..thats not going to happen, because of the economy and so much going on ..
For your case the best choice would be get a copy of I140 from your wife employer and choose a good consultant who can support your GC and you during the trouble times ..If you would like to know the employer like that PM me ..I can suggest you one for sure .
With your 140 copy you can get the original PD . we choose desi employers for a reason they may not sound very profesional during the times ..but they can save you during the trouble times ..Time to choose a right employer ..If I were you I would start looking for a employer and file your wife GC instead of wasting time for radical changes .
mlk
06-12 12:40 PM
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imm_pro
08-19 12:11 PM
Guys..here is one more reason why we should continue with our efforts on getting HR 5882 passed next month and not to stay low and be happy with our EAD and AP.
AC 21 portability of approved I-140 after 180 days of I-485 filing growingly faces challenges at two different levels. Currently most of the ported EB-485 waiters have reserved their proactive report of porting since the Yates AC 21 Memorandum did not mandate proactive report of the change of employment. Until recently, these 485 applicants rarely received RFE before EB-485 was approved, and even when they received a RFE, the agency just requested to provide the evicence of continuous existence of proffered employment. When the original employer had withdrawn the approved I-140 petition, sometimes these applicants received a Notice of Intent to Deny I-485 application giving an opportunity for the I-485 applicants to submit the AC 21 portability evidence. Usually submission of basic threshold evidence in response to such RFE resulted in approval of the I-485 applications. However, lately we see increasing RFEs demanding a whole list of evidence in the event the applicant ported and changed employment. The request for evidence far exceeds their traditional practice. They even demand new updated G-325A, all the W-2s, paycheck copies, details of the new job including specific job title, description of duties, educational/experience requirement, wages, and much more. This is a sort of new challenge for the AC 21 ported EB-485 waiters who have reserved reporting of change of employment.
The second potential challenge involves potential revisitation of approvability of I-485 applications when they apply for naturalization application after five years in permanent residence. As part of the naturalization application, the agency requires the applicants to disclose the employment and addresses for the past five years immediately preceding filing of naturalization application. For EB-485 applicants, the adjudicator of the naturalization applications can notice the name of different employer at the time the applicant's I-485 was approved and may need to explore potential error in the approval of the I-485 applications. The issue of revocability of the approved I-485 applications include the question of whether the adjudicator would have approved I-485 applications, had the adjudicators learned that the alien was not working for the sponsoring employer. The adjudicators may explore this issue through the interviews at the local field offices.
Because of the changing environment, it may be prudent or even imperative for the EB-485 applicants who failed to report AC 21 change of employment to preserve the evidence of eligibility of AC 21 portability before AND after the green card approval not to face any serious consequences years after approval of the green card approvals. They should not destroy such evidence at least until after they file the naturalization applications.
(From OH Law)
AC 21 portability of approved I-140 after 180 days of I-485 filing growingly faces challenges at two different levels. Currently most of the ported EB-485 waiters have reserved their proactive report of porting since the Yates AC 21 Memorandum did not mandate proactive report of the change of employment. Until recently, these 485 applicants rarely received RFE before EB-485 was approved, and even when they received a RFE, the agency just requested to provide the evicence of continuous existence of proffered employment. When the original employer had withdrawn the approved I-140 petition, sometimes these applicants received a Notice of Intent to Deny I-485 application giving an opportunity for the I-485 applicants to submit the AC 21 portability evidence. Usually submission of basic threshold evidence in response to such RFE resulted in approval of the I-485 applications. However, lately we see increasing RFEs demanding a whole list of evidence in the event the applicant ported and changed employment. The request for evidence far exceeds their traditional practice. They even demand new updated G-325A, all the W-2s, paycheck copies, details of the new job including specific job title, description of duties, educational/experience requirement, wages, and much more. This is a sort of new challenge for the AC 21 ported EB-485 waiters who have reserved reporting of change of employment.
The second potential challenge involves potential revisitation of approvability of I-485 applications when they apply for naturalization application after five years in permanent residence. As part of the naturalization application, the agency requires the applicants to disclose the employment and addresses for the past five years immediately preceding filing of naturalization application. For EB-485 applicants, the adjudicator of the naturalization applications can notice the name of different employer at the time the applicant's I-485 was approved and may need to explore potential error in the approval of the I-485 applications. The issue of revocability of the approved I-485 applications include the question of whether the adjudicator would have approved I-485 applications, had the adjudicators learned that the alien was not working for the sponsoring employer. The adjudicators may explore this issue through the interviews at the local field offices.
Because of the changing environment, it may be prudent or even imperative for the EB-485 applicants who failed to report AC 21 change of employment to preserve the evidence of eligibility of AC 21 portability before AND after the green card approval not to face any serious consequences years after approval of the green card approvals. They should not destroy such evidence at least until after they file the naturalization applications.
(From OH Law)
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