rtarar
09-28 11:34 AM
Situation : Travel in Oct for school(MBA)
Applied online : 21 July 2010
Center: TSC
No updates till sept 14th.
Got cencerned and on sept 14th called TSC created SR for non receipt of biometric appointment letter.(Only legal reason to complain as application is still under 90 days of application)
LUD on Sept 20th.
Called sept 27th afternoon again and told that notice as to how the SR will be processed. The processing time for SR was mentioned to be 60 days.:eek: Created an expedite request reason citing "sever financial loss to individual".
sept 27th 7:35 PM received approval emails for AP for spouse and self.:confused:
In short WTF?:mad: ... but eventually :D till next year around.
Applied online : 21 July 2010
Center: TSC
No updates till sept 14th.
Got cencerned and on sept 14th called TSC created SR for non receipt of biometric appointment letter.(Only legal reason to complain as application is still under 90 days of application)
LUD on Sept 20th.
Called sept 27th afternoon again and told that notice as to how the SR will be processed. The processing time for SR was mentioned to be 60 days.:eek: Created an expedite request reason citing "sever financial loss to individual".
sept 27th 7:35 PM received approval emails for AP for spouse and self.:confused:
In short WTF?:mad: ... but eventually :D till next year around.
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mhtanim
10-25 10:11 PM
Are you serious lawyers suggesting to return GC?
I think there was one case that I saw at Murthy web site where the guy went backhome and got married. Came back and found that his green card was approved while he was in his home country and before the wedding took place. Interesting part was that his PD was not current at that time. Because of the situation, he couldn't bring in his wife in H4 anymore.
The lawyer recommended him to return his GC as it was mistakenly issued by USCIS. Lawyer had to deal with USCIS and returned the GC.
I think there was one case that I saw at Murthy web site where the guy went backhome and got married. Came back and found that his green card was approved while he was in his home country and before the wedding took place. Interesting part was that his PD was not current at that time. Because of the situation, he couldn't bring in his wife in H4 anymore.
The lawyer recommended him to return his GC as it was mistakenly issued by USCIS. Lawyer had to deal with USCIS and returned the GC.
gcformeornot
02-15 09:45 AM
that something is done to stop abuse of employees. I think they should also look at L1 visa also. There is no salary stipulation for L1. Companies pay what ever they want..... place L1 holders where ever they want....
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rimzhim
05-24 08:03 PM
But look at the case before this bill i.e now
With 140,000 we have more candidates in the backlog and many more joining through Perm process.
If CIR is passed, many in the backlog will move to new merit system because their labor is still pending and no new GC application after May 21st 2007 also.
So, you have lot less people picthcing against 10% of 90,000 visas vs the case now where there are lot more people for 7% of 140K.
I still don't get why it is bad for everybody?
It is definitely little better for those who can use older GC process/system with 10% of 90K visa numbers.
Also, i bet there will be another amendment to add more to 90K for clearing the backlog much faster.
i see your point now. thanks. i wonder how many ppl do not have 140 approved by now.
With 140,000 we have more candidates in the backlog and many more joining through Perm process.
If CIR is passed, many in the backlog will move to new merit system because their labor is still pending and no new GC application after May 21st 2007 also.
So, you have lot less people picthcing against 10% of 90,000 visas vs the case now where there are lot more people for 7% of 140K.
I still don't get why it is bad for everybody?
It is definitely little better for those who can use older GC process/system with 10% of 90K visa numbers.
Also, i bet there will be another amendment to add more to 90K for clearing the backlog much faster.
i see your point now. thanks. i wonder how many ppl do not have 140 approved by now.
more...
ondreaming
01-10 09:29 PM
Your good fight on the retrogression issue kind of kept us going without giving up. In just a few days what some of you have done with www.immigrationvoice.org is amazing and it truly deserves a lot better than the faint response they have got so far from all of us in this legal black hole. Honestly, I do not care if we are not able to raise 100K dollars for the lobbying efforts for the next immigration bill on February. I don not care if this money is finally lost. It will be money well spent if we all realize that we have to do something instead of waiting years and years and years� Any money is worth the effort regarding our goals, even if our present intention does not succeed. Is worth it!!. Lets move on, hoping for the best� It is worth to try this next immigration bill. Any money spent on this is worth it� Can not you guys see it? More and more years on this black hole!! More years paying our lawyers for H1B renewal, more years for renewal of our driving licenses, more years for our wives to wait, more years for our employers exploiting us� This next immigration bill could be our last chance in many years to get our unfair and sad situation known and probably solved. We would at least raise enough concern about the absurd situation of the legal immigrants� It could be a new Quixote tale, I do not care� A good part of my next paycheck will go to immigrationvoice� Whatever� Keep America growing� America is not just them�. It is all of us� It has always been� It is what America is made of�
Keep it up�
Cheers.
Still on dreaming...
Keep it up�
Cheers.
Still on dreaming...
sathishav
03-09 12:24 PM
Here is the timeline for folks that are not serious
EB2 India: Waiting for July - October spillovers thinking that most EB2 will be current. The prediction threads have hyped this a lot. Many will benefit this year. But many will miss this bus too. Some from those who will miss this bus, would be back wanting to do something in Nov - May timeframe. Others will waste their time on predictions and trackers and make those site owners rich.
EB3 India: Many who filed in July 2007 are still happy with EAD status. They worry and contact IV only if their I140 is revoked, I485 denied or if EAD renewal is delayed. Some still sulk or want to blame someone (even IV) for their delays. Those who have not filed I485 yet are few in number. Many new Eb3s still do not know the extent of the backlogs. With time they will slowly learn about the backlogs and wait times. When they suffer due to lack of EAD, they will all make noise on IV asking for some action. This is the reason why the I485 filing action item thread is still weak and pre-mature. I would give another 2 years for the non-I485 folks to have retrogression sink in.
Retrogression is not going away. If it goes away, only applicants will benefit from it. And these applicants are too weak and small in number to even raise their voice. So why would anyone pass a law to make these people happy that do not even want any law changed. After 2 years all the folks who are not participating in advocacy days and contributing, will contribute to IV. At that time, if we in core are still around, would rather ask them to lead the effort if they can and if they are really serious. The current advocacy day campaign and contributions are a measure of seriousness for us to plan our next agenda items.
Agree with Pappu.
We maybe happy now with EAD, but, we never know. Consider this, as per Yates memo
This memo is just a "interim guidance" and NOT a law. That does not make me very comfy. If it is a law, we can always appeal in court. Not sure about an "interim guidance "
It also clearly mentions, "this is an interm guidance and the final law can be more restrictive".
In the Yates memo, the 180 day rule is very Lenient , which many of us interpreted or will interpret in our favor.
EB2 India: Waiting for July - October spillovers thinking that most EB2 will be current. The prediction threads have hyped this a lot. Many will benefit this year. But many will miss this bus too. Some from those who will miss this bus, would be back wanting to do something in Nov - May timeframe. Others will waste their time on predictions and trackers and make those site owners rich.
EB3 India: Many who filed in July 2007 are still happy with EAD status. They worry and contact IV only if their I140 is revoked, I485 denied or if EAD renewal is delayed. Some still sulk or want to blame someone (even IV) for their delays. Those who have not filed I485 yet are few in number. Many new Eb3s still do not know the extent of the backlogs. With time they will slowly learn about the backlogs and wait times. When they suffer due to lack of EAD, they will all make noise on IV asking for some action. This is the reason why the I485 filing action item thread is still weak and pre-mature. I would give another 2 years for the non-I485 folks to have retrogression sink in.
Retrogression is not going away. If it goes away, only applicants will benefit from it. And these applicants are too weak and small in number to even raise their voice. So why would anyone pass a law to make these people happy that do not even want any law changed. After 2 years all the folks who are not participating in advocacy days and contributing, will contribute to IV. At that time, if we in core are still around, would rather ask them to lead the effort if they can and if they are really serious. The current advocacy day campaign and contributions are a measure of seriousness for us to plan our next agenda items.
Agree with Pappu.
We maybe happy now with EAD, but, we never know. Consider this, as per Yates memo
This memo is just a "interim guidance" and NOT a law. That does not make me very comfy. If it is a law, we can always appeal in court. Not sure about an "interim guidance "
It also clearly mentions, "this is an interm guidance and the final law can be more restrictive".
In the Yates memo, the 180 day rule is very Lenient , which many of us interpreted or will interpret in our favor.
more...
anu_t
06-18 11:47 AM
:( :( Another important question is: Will USCIS allow AC21 without an approved EAD?
Why wouldn't they?:confused:
Why wouldn't they?:confused:
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immidude
06-28 02:25 PM
my attorney said i need to wait for 140 receipt to file 485
is that true?
i need big help with my 140 filed in Premium Processing
and i did not get my receipt to file 485
applied it on Jun 20 2007 (this month)
any way i can get some copy of the receipt to file 485?
is that true?
i need big help with my 140 filed in Premium Processing
and i did not get my receipt to file 485
applied it on Jun 20 2007 (this month)
any way i can get some copy of the receipt to file 485?
more...
lotres
11-09 07:18 AM
I respect all the holidays and I would like to celebrate with you guys, but what is the meaning of Diwali?
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belmontboy
02-15 05:29 PM
I don't see that "some" word either in the title or the content of the thread. The point is you are trying to color all companies in the bad light for your own satisfaction. I guess you work for one of the direct companies.
Coming to the point, be more sensible when you post new threads and messages on the forum. Please refer to the following thread for posting guidelines.
http://immigrationvoice.org/forum/showthread.php?t=21847
Let us keep IV as I and V ( for everyone)
And based on what do you say that i am trying to color all companies in the bad light for my own satisfaction? My point is against all those Desi consulting employers who abuse H1.
What has my work place got to do with this discussion?? I guess you couldnot think of anything better to make a point. huh!
Yes, i have read the guidelines and i donot need any lesson from you. I am trying to enage folks here in a constructive discussion. And the point i am making is only for bad consultants who abuse H1B.
If you still think i am being biased, go figure!!!
Coming to the point, be more sensible when you post new threads and messages on the forum. Please refer to the following thread for posting guidelines.
http://immigrationvoice.org/forum/showthread.php?t=21847
Let us keep IV as I and V ( for everyone)
And based on what do you say that i am trying to color all companies in the bad light for my own satisfaction? My point is against all those Desi consulting employers who abuse H1.
What has my work place got to do with this discussion?? I guess you couldnot think of anything better to make a point. huh!
Yes, i have read the guidelines and i donot need any lesson from you. I am trying to enage folks here in a constructive discussion. And the point i am making is only for bad consultants who abuse H1B.
If you still think i am being biased, go figure!!!
more...
gcisadawg
02-23 11:13 PM
my dear.. pretentious pseudo middle class desi...
i know ppl like you...
you wear an armani to office but still carrying curd rice and pickel for lunch...
you rejoice the success of slumDOG..with your liberal friends...with a martini glass filled with water..in hand..because ur amma told u not to drink alcohaal..;)
according to u ...we are losers because we dont like being called a DOG in 21st century...
if you want to wag ur skinny brown ass ..eveytime SlumDOG is uttered..thats ur problem..
does that mean one can't wear armani and carry curd rice and chicken curry? Try it, you wont be sorry! :cool:
i know ppl like you...
you wear an armani to office but still carrying curd rice and pickel for lunch...
you rejoice the success of slumDOG..with your liberal friends...with a martini glass filled with water..in hand..because ur amma told u not to drink alcohaal..;)
according to u ...we are losers because we dont like being called a DOG in 21st century...
if you want to wag ur skinny brown ass ..eveytime SlumDOG is uttered..thats ur problem..
does that mean one can't wear armani and carry curd rice and chicken curry? Try it, you wont be sorry! :cool:
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capriol
06-29 01:31 PM
I had applied for my daughter in April. The receipt date is 04/22. Still no luck. I am hoping that we will get the GC as my dates will be current from Ist July.
Shvinod,
are you talking about your daughter's AP renewal? nd, in which service center?
Shvinod,
are you talking about your daughter's AP renewal? nd, in which service center?
more...
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karthkc
03-18 05:03 PM
Bump
As long as you dont use your EAD, you can continue working on H1B.
In fact, if it is the same employer as your GC sponsor, you dont have to do anything.
The thing to remember is to extend your H1B if you do a H1B transfer so you dont have any issues at the time of transfer.
All this is assuming that your company policy can handle exceptions to the policy :)
Thanks!
As long as you dont use your EAD, you can continue working on H1B.
In fact, if it is the same employer as your GC sponsor, you dont have to do anything.
The thing to remember is to extend your H1B if you do a H1B transfer so you dont have any issues at the time of transfer.
All this is assuming that your company policy can handle exceptions to the policy :)
Thanks!
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clear485
07-04 03:06 PM
I already sent a AC21 letter to USCIS through my Attorney - I am not sure if my file got updated.
My desi employer wants to withdraw the 140 petition now. He says, he cannot keep 140 petitions of employees who leave the organization and not on w2 and he will have "ability to pay issue"
I have heard horror stories of USCIS issuing denials and NOID because AC21 letter never reached the file even though it was sent in time and I guess this is exactly what my desi employer thinks - teach lesson by withdrawing 140.
I spoke to my Attorney and she says "your file may not be updated but we will keep a record that we sent" useful in case we want to respond to NOID or RFE.
Folks - please post your AC21 success/horror stories when previous employer withdrew the 140 petition.
What are my options to avoid a NOID or denial
Thanks in advance
You will not have any problems since you already submitted AC21 documents (keep certified mail receipt with you).....so whatever your attorney said, it is correct....you don't need to worry.....even your employer withdraws your I-140 it won't be having any problem.....it happened in my case....I have sent AC21 docs....after that employer withdraws I-140.....but nothing happened to I-140
"Ability to pay issue" is right in employer's view.....he can able show the ability for one more application if he withdraws your application.....
How did you find your file was not updated AC21 docs..... better way is go to local USCIS and asked your attorney name whether it is the changed one or previous one if you have changed them.....call I800 and asked them few details like attorney name and company name etc..... see some times they won't reveal any info....you have to find out the way to get right answer (like tell them old attorney's name and say didn't get any updated information about your case etc)....
My desi employer wants to withdraw the 140 petition now. He says, he cannot keep 140 petitions of employees who leave the organization and not on w2 and he will have "ability to pay issue"
I have heard horror stories of USCIS issuing denials and NOID because AC21 letter never reached the file even though it was sent in time and I guess this is exactly what my desi employer thinks - teach lesson by withdrawing 140.
I spoke to my Attorney and she says "your file may not be updated but we will keep a record that we sent" useful in case we want to respond to NOID or RFE.
Folks - please post your AC21 success/horror stories when previous employer withdrew the 140 petition.
What are my options to avoid a NOID or denial
Thanks in advance
You will not have any problems since you already submitted AC21 documents (keep certified mail receipt with you).....so whatever your attorney said, it is correct....you don't need to worry.....even your employer withdraws your I-140 it won't be having any problem.....it happened in my case....I have sent AC21 docs....after that employer withdraws I-140.....but nothing happened to I-140
"Ability to pay issue" is right in employer's view.....he can able show the ability for one more application if he withdraws your application.....
How did you find your file was not updated AC21 docs..... better way is go to local USCIS and asked your attorney name whether it is the changed one or previous one if you have changed them.....call I800 and asked them few details like attorney name and company name etc..... see some times they won't reveal any info....you have to find out the way to get right answer (like tell them old attorney's name and say didn't get any updated information about your case etc)....
more...
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Devils_Advocate
07-29 03:33 PM
LOL why is this ancient thread back up and WHY is it in red fonts??
and WHY did Rip Van Winkle decide to post after 2 years??
The trauma of getting a GC is getting to folks, i think IV should have a free psychiatric counselor section along with the free lawyers as well;)
and WHY did Rip Van Winkle decide to post after 2 years??
The trauma of getting a GC is getting to folks, i think IV should have a free psychiatric counselor section along with the free lawyers as well;)
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kuppas
02-20 03:25 PM
I have been doing the same research for the past one month, here is my experience.
1. Termlife Vs Wholelife.
Term is better than whole life. Instead of going with whole life, you can have Term + Saving account. For example, if you need $500/year for term and $2500/year for whole life. Take the Term insurnace and pay $500/year, open a saving account and deposit $2000/year ($2500 - $500).
2. You can compare the different life insurance with ratings. http://www.term4sale.com/
3. No life insurance for H1 (non-immigrant)
I have talked to WesternSouthern and Metlife agents. WS does not offer Life insurance for H1 but Metlife offer life insurance provided that insured person must be working in the same company for last five years.
4. Insurance here (US) vs India
Term insurance in India is much higher than insurance here. I got the quote here for $500/year but for the same insurance amount, the LIC cost me Rs.80,000.00
5. Hidden items
Make sure, you understand all the hidden item when you take insurance from here(US) or India. If you (owner+beneficiary) take life insurance here, the insured person stays outside the country for long time (more than six weeks) and if the insured person dies then you can't claim.
Thanks,
-Kuppa
1. Termlife Vs Wholelife.
Term is better than whole life. Instead of going with whole life, you can have Term + Saving account. For example, if you need $500/year for term and $2500/year for whole life. Take the Term insurnace and pay $500/year, open a saving account and deposit $2000/year ($2500 - $500).
2. You can compare the different life insurance with ratings. http://www.term4sale.com/
3. No life insurance for H1 (non-immigrant)
I have talked to WesternSouthern and Metlife agents. WS does not offer Life insurance for H1 but Metlife offer life insurance provided that insured person must be working in the same company for last five years.
4. Insurance here (US) vs India
Term insurance in India is much higher than insurance here. I got the quote here for $500/year but for the same insurance amount, the LIC cost me Rs.80,000.00
5. Hidden items
Make sure, you understand all the hidden item when you take insurance from here(US) or India. If you (owner+beneficiary) take life insurance here, the insured person stays outside the country for long time (more than six weeks) and if the insured person dies then you can't claim.
Thanks,
-Kuppa
more...
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gk_2000
07-01 12:55 PM
Should we run another targeted phone campaign to the Republican Senators (the 11 that supported previous CIR)? IV team, let us know
Reform Immigration For America has already launched their fax campaign. This would be the ideal time for a mass scale campaign...
Reform Immigration For America has already launched their fax campaign. This would be the ideal time for a mass scale campaign...
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alapkd
09-06 02:49 PM
Just for ALKPD....
I donot think I deserve $180/hr.... Right now I make $85K plus a 10% bonus.
You are missing the point. I do NOT think I am SPECIAL. I have an MBA from a US reputed Univ. plus 5 years of experience... I do assessment of their existing IT systems and give recommendations.
My logic is differrent.. This is valid for US born people too. WHY would a company pay $180 an hour to a consulting Co. for the same skill-sets.... however, when you go to them directly they will just pay you $60-$70.
if the difference is really that big than seriously i fail to understand it, they might be accounting for lot of other things like travel expense and other benefits that they might be providing but if the spread is as big as you are saying then it surely does not make sense. if this has anything to do with SOX then consulting company might be guaranteeing lot of things and might have legal liabilities if that is not the case then it is unexplainable.
although i strongly refute the possibility that hiring managers are eating money because just like any beauracracy few guys cant keep benefiting without sharing the benefits and no descent company will tolerate that kind of culture there could be isolated instances but when they are found out they are very severely punished and their life becomes that of a dog running from here to there because in most industries if you are working for a certain domain people know each other and reputation travels faster than light especially bad reputation.
I donot think I deserve $180/hr.... Right now I make $85K plus a 10% bonus.
You are missing the point. I do NOT think I am SPECIAL. I have an MBA from a US reputed Univ. plus 5 years of experience... I do assessment of their existing IT systems and give recommendations.
My logic is differrent.. This is valid for US born people too. WHY would a company pay $180 an hour to a consulting Co. for the same skill-sets.... however, when you go to them directly they will just pay you $60-$70.
if the difference is really that big than seriously i fail to understand it, they might be accounting for lot of other things like travel expense and other benefits that they might be providing but if the spread is as big as you are saying then it surely does not make sense. if this has anything to do with SOX then consulting company might be guaranteeing lot of things and might have legal liabilities if that is not the case then it is unexplainable.
although i strongly refute the possibility that hiring managers are eating money because just like any beauracracy few guys cant keep benefiting without sharing the benefits and no descent company will tolerate that kind of culture there could be isolated instances but when they are found out they are very severely punished and their life becomes that of a dog running from here to there because in most industries if you are working for a certain domain people know each other and reputation travels faster than light especially bad reputation.
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vineet
08-12 01:14 PM
vishwak,
I just got off the call from uscis regarding my I-485. My PD is in the first week of Mar 2006.
Per the USCIS website, they are suppose to process even the first week of Mar 2006 although the Aug VB says it is 01MAR06. I spoke to the second level IO and he was confident that my case would have to wait for the next month. I insisted that the uscis website says otherways, he went and verified with the third level (or his peer) and came back and told me that I was correct.
Infact told me that my case was pre-adjd and being reviewed by IO currently.
I am sure the same applies to you with the Sep VB. Good luck !!!
Note: This is not a legal advice and don't quote me on it.
Cool...This gives me some hope that my PD of May 8th will also be considered current from Sep 1.
I just got off the call from uscis regarding my I-485. My PD is in the first week of Mar 2006.
Per the USCIS website, they are suppose to process even the first week of Mar 2006 although the Aug VB says it is 01MAR06. I spoke to the second level IO and he was confident that my case would have to wait for the next month. I insisted that the uscis website says otherways, he went and verified with the third level (or his peer) and came back and told me that I was correct.
Infact told me that my case was pre-adjd and being reviewed by IO currently.
I am sure the same applies to you with the Sep VB. Good luck !!!
Note: This is not a legal advice and don't quote me on it.
Cool...This gives me some hope that my PD of May 8th will also be considered current from Sep 1.
johnamit
07-09 02:51 PM
Wake Up
^^^^^^^^^
Wake Up
^^^^^^^^^
Wake Up
n2b
08-15 12:18 PM
It would give some idea I think
http://www.usvisahelp.com/art_intent.html
In order to determine whether the alien truthfully represented his or her intent to remain with his or her petitioning U.S. employer after receiving the green card, the USCIS uses the standard created by Seihoon v. Levy. That is, USCIS examines the “rapid course of events” following the alien’s receipt of his or her green card. The Department of State has reduced this rule to a 30-60-90 day formula which USCIS generally follows. If an alien ends employment with the petitioning employer within 30 days of receiving his/her green card, then it is highly likely that USCIS will decide that the alien’s intent at the Consulate interview was not, as he/she stated, to remain with the petitioning employer indefinitely. After 60 days have passed, it is less likely (but still risky) that USCIS will determine that the alien lied about his/her intent at the Consulate interview. And after 90 days, it is highly unlikely that USCIS will have a problem with the alien’s change of employment
Maybe this 30-60-90 rule applies to people with Consular Processing or someone who enters this country on Employment based GC and who leaves the employer right away after coming here.
For majority of people here in US, they might have already worked for a given employer for 3-6 years before they filed 485 and got their GC and completed their 6 months after AOS application to kick in AC21. So for such a person who has sustained abuse by working at the petitioning employer for 3-6 years, does he need to show any more intent?
http://www.usvisahelp.com/art_intent.html
In order to determine whether the alien truthfully represented his or her intent to remain with his or her petitioning U.S. employer after receiving the green card, the USCIS uses the standard created by Seihoon v. Levy. That is, USCIS examines the “rapid course of events” following the alien’s receipt of his or her green card. The Department of State has reduced this rule to a 30-60-90 day formula which USCIS generally follows. If an alien ends employment with the petitioning employer within 30 days of receiving his/her green card, then it is highly likely that USCIS will decide that the alien’s intent at the Consulate interview was not, as he/she stated, to remain with the petitioning employer indefinitely. After 60 days have passed, it is less likely (but still risky) that USCIS will determine that the alien lied about his/her intent at the Consulate interview. And after 90 days, it is highly unlikely that USCIS will have a problem with the alien’s change of employment
Maybe this 30-60-90 rule applies to people with Consular Processing or someone who enters this country on Employment based GC and who leaves the employer right away after coming here.
For majority of people here in US, they might have already worked for a given employer for 3-6 years before they filed 485 and got their GC and completed their 6 months after AOS application to kick in AC21. So for such a person who has sustained abuse by working at the petitioning employer for 3-6 years, does he need to show any more intent?
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