Dakota Newfie
07-03 11:27 AM
I admit, it seems discriminatory to say you can't get your GC now because you're from this country or that country but these "high volume" countries have created the current back log through their sheer numbers and sometimes multiple applications, not the system. The system is fair to ALL and for some group to say that it isn't fair because all of that group isn't getting what they want is unjust to the rest of us. I knew I would be pounced upon when I submitted my original post and it only proves my point of personal agendas; sometimes I wonder what the "I" in "IV" really stands for? Don't be so arrogant as to believe that your higher education should give you more rights than others - that doesn't fly with me! I am frustrated with this forum because of this arrogance and I may not visit too much longer!
I do have one question for all of you who are in favor of eliminating the per country limit; do you support an eventual road to citizenship for the large group of people who dominate the "other side" of immigration? If you don't, some may think you hipocritical to want the rules changed for yourselves!
I do have one question for all of you who are in favor of eliminating the per country limit; do you support an eventual road to citizenship for the large group of people who dominate the "other side" of immigration? If you don't, some may think you hipocritical to want the rules changed for yourselves!
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logiclife
12-29 01:39 AM
Whatever you guys are doing ... its working.
We are seeing higher than usual new registrations on this website in the past week.
Thank you all for posting about Immigration Voice everywhere else.
We are seeing higher than usual new registrations on this website in the past week.
Thank you all for posting about Immigration Voice everywhere else.
guy03062
07-13 02:26 PM
I agree with you 100% for her delayed letter when everything falls in right place and may want to claim credit later on. But on other side, it is still good that she wrote a letter to add pressure on DHS. My 2 cents.
This is just a stunt. WHy did she wait allthese days to write this letter. Now when everything falls in place by others efforts, she wants people to think it is because her effort all these things are happening. I hate murthy or your murfhy.
This is just a stunt. WHy did she wait allthese days to write this letter. Now when everything falls in place by others efforts, she wants people to think it is because her effort all these things are happening. I hate murthy or your murfhy.
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ajthakur
07-14 05:07 PM
I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
more...
cool_guy_onnet1
02-21 10:29 AM
How does one "change" to EB2?. I have a PD of Oct 2003 EB3. Should i submit a new labor and if it is approved my category will be EB2 PD Oct 2003?. Should i also file another I-140?.
Not that i want to. just out of curiosity. thanks
My co-worker tried that and now has 3 RFE's to respond to.
Don't know the details but mostly it looks like a scam since why did one file Eb3 in first place and how can he add more exp. while Eb3 is pending as a factor for EB2? He is respondign since OCT. but they just keep asking for more details and they have first question for 140/PERM asking - DID YOU EVER HAD ANOTHER LABOR certification besides this one?
Be very careful-
Not that i want to. just out of curiosity. thanks
My co-worker tried that and now has 3 RFE's to respond to.
Don't know the details but mostly it looks like a scam since why did one file Eb3 in first place and how can he add more exp. while Eb3 is pending as a factor for EB2? He is respondign since OCT. but they just keep asking for more details and they have first question for 140/PERM asking - DID YOU EVER HAD ANOTHER LABOR certification besides this one?
Be very careful-
gc_wow
02-12 03:52 PM
No one cares about our plight.We are like new Jews in America.No matter what for no reason every one hates us for what we are.
more...
Ramba
07-14 06:01 PM
Consult an attorney because if you applied for I-485 in July 2007 and quit employer in August, you might not be covered under AC21 since 6 months did not pass since adjucation request (I-485) was files with USCIS.
This is aboslutly incorrect. Dont spread false information.
Here is the Q&A in USCIS memo abot changing employer before 180 days
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate
This is aboslutly incorrect. Dont spread false information.
Here is the Q&A in USCIS memo abot changing employer before 180 days
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate
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eilsoe
03-08 07:40 AM
ya3, the deadline is thursday ;)
May 10th.
May 10th.
more...
Macaca
01-18 10:56 AM
BY THE END OF THE YEAR I WOULD HAVE CONTRIBUTED AROUND $2700 TO IV
Shame on you if a member plans to contribute $2700 and you have contributed less then 10% (= $270). You are benefiting equally.
Shame on you if a member plans to contribute $2700 and you have contributed less then 10% (= $270). You are benefiting equally.
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srkamath
07-20 09:31 PM
If you glance at the Job title column you would see there are unusually large number of certified case with title like "curry chef ,COOK, cashier, clerk, butcher, Automobile Mechanic". And Obviously they are not in EB2 Cat.
So the numbers will very less than your estimate.
Thanks, you are right.....
I guess then the number is somewhere in between.
Maybe a lot of people are getting the labor cert done with the hopes of getting an EAD, for occupations such as cooks etc...just curious..
So the numbers will very less than your estimate.
Thanks, you are right.....
I guess then the number is somewhere in between.
Maybe a lot of people are getting the labor cert done with the hopes of getting an EAD, for occupations such as cooks etc...just curious..
more...
coopheal
07-02 07:03 AM
Doing more than what IV suggest is good. If you personally take responsibility and make the online petition a success, great... and best luck.
IV core has set their priorities after considerable thinking so please dont be upset if they dont involve in this.
I agree and I support. maybe as some have said that online don't have the same impact ..but there is no harm in doing something extra. also, we will be able to get more supporters for online especially if we send the links to our respective friends, batchmates etc
IV core has set their priorities after considerable thinking so please dont be upset if they dont involve in this.
I agree and I support. maybe as some have said that online don't have the same impact ..but there is no harm in doing something extra. also, we will be able to get more supporters for online especially if we send the links to our respective friends, batchmates etc
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desi3933
01-30 02:54 PM
Ok.......
So if I am understanding this correctly, the time from when I entered US on AP (Dec 08 till today), I am considered out of status?
NO. You are not out of status because of AP entry.
From what I understood it is ok to not be working while on AOS having entered on AP.
Correct. However, USCIS looks for your status history since last entry on non-immigrant visa. 245(k) covers only 180 days for status violation for such period.
Example
Mr Chanakya Pandit (fictitious name) has filed for eb-3 India in July 2007 for I-485. He has PD of Sep 2005 (not current).
Mr Pandit entered last on H1 visa on Jan 21st 2006 and he is working for ABC company. As per H1 LCA, his salary is 65k and he is getting paid 62k.
He entered on USA using AP in Oct 2008. He is using EAD to work.
Since he was getting paid less athn H1 salary, he is out of status since Jan 21st 2006 and he has accumulating out of status days until date of I-485 filing. If this out of status > 180 days, his I-485 can be denied just on this basis alone.
If person is out of status for more than 180 days at thetime of filing for I-485, he can denied entry even on AP. Read your AP document, it mentions warning about of out of status right there.
____________________
Not a legal advice.
US Citizen of Indian Origin
So if I am understanding this correctly, the time from when I entered US on AP (Dec 08 till today), I am considered out of status?
NO. You are not out of status because of AP entry.
From what I understood it is ok to not be working while on AOS having entered on AP.
Correct. However, USCIS looks for your status history since last entry on non-immigrant visa. 245(k) covers only 180 days for status violation for such period.
Example
Mr Chanakya Pandit (fictitious name) has filed for eb-3 India in July 2007 for I-485. He has PD of Sep 2005 (not current).
Mr Pandit entered last on H1 visa on Jan 21st 2006 and he is working for ABC company. As per H1 LCA, his salary is 65k and he is getting paid 62k.
He entered on USA using AP in Oct 2008. He is using EAD to work.
Since he was getting paid less athn H1 salary, he is out of status since Jan 21st 2006 and he has accumulating out of status days until date of I-485 filing. If this out of status > 180 days, his I-485 can be denied just on this basis alone.
If person is out of status for more than 180 days at thetime of filing for I-485, he can denied entry even on AP. Read your AP document, it mentions warning about of out of status right there.
____________________
Not a legal advice.
US Citizen of Indian Origin
more...
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indrachat_75
05-15 05:11 PM
Hi,
One of my friend needs some advice :
I am in Company A on L1A. Client (Company B) wants to hire me on H1-B. Can I do it now ?
Please advice.
Indra
One of my friend needs some advice :
I am in Company A on L1A. Client (Company B) wants to hire me on H1-B. Can I do it now ?
Please advice.
Indra
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GCKaIntezar
02-20 08:39 PM
Durga Temple Plan for Sunday 2/26
All-
Vineet and I chated today and he confirmed our appointment at Durga Temple in South Brunswick. Please reply to this message and confirm that you will be coming in. The tentative time to reach and setup the table is between 4:00-4:30pm.
So far I have me and Vineet coming in. We need atleast 3 more to join us in this drive.
Ajay,
I left you a voice mail on this also.
Thanks,
Sanjay
All-
Vineet and I chated today and he confirmed our appointment at Durga Temple in South Brunswick. Please reply to this message and confirm that you will be coming in. The tentative time to reach and setup the table is between 4:00-4:30pm.
So far I have me and Vineet coming in. We need atleast 3 more to join us in this drive.
Ajay,
I left you a voice mail on this also.
Thanks,
Sanjay
more...
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Dakota Newfie
07-03 11:27 AM
I admit, it seems discriminatory to say you can't get your GC now because you're from this country or that country but these "high volume" countries have created the current back log through their sheer numbers and sometimes multiple applications, not the system. The system is fair to ALL and for some group to say that it isn't fair because all of that group isn't getting what they want is unjust to the rest of us. I knew I would be pounced upon when I submitted my original post and it only proves my point of personal agendas; sometimes I wonder what the "I" in "IV" really stands for? Don't be so arrogant as to believe that your higher education should give you more rights than others - that doesn't fly with me! I am frustrated with this forum because of this arrogance and I may not visit too much longer!
I do have one question for all of you who are in favor of eliminating the per country limit; do you support an eventual road to citizenship for the large group of people who dominate the "other side" of immigration? If you don't, some may think you hipocritical to want the rules changed for yourselves!
I do have one question for all of you who are in favor of eliminating the per country limit; do you support an eventual road to citizenship for the large group of people who dominate the "other side" of immigration? If you don't, some may think you hipocritical to want the rules changed for yourselves!
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vin13
03-09 12:22 PM
This is horrible. Does not make much sense.
more...
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karan007
03-07 05:09 AM
I am in the same boat. Consulted 2 attorneys, both of them provided very different overview. As per one using AC21 was very easy, didn't require much paperwork from employer (letter of employment with job responsibilities). The other one suggested that the new employer needs to support the green card process & made it sound like serious work.
Another interesting note was, the attorney who mentioned it was easy, would have charged $500 for the process vs $2500 + expenses. So kind off figured that one has to justify charge $2,500, hence the additional paperwork, etc (scare factor).
I did some research over the web. Came to the conclusion that utilizing AC21 is pretty simple. I am moving forward with it and starting my new job in April.
Since this is a big decision, I would suggest that you get a second opinion
Good Luck...
Another interesting note was, the attorney who mentioned it was easy, would have charged $500 for the process vs $2500 + expenses. So kind off figured that one has to justify charge $2,500, hence the additional paperwork, etc (scare factor).
I did some research over the web. Came to the conclusion that utilizing AC21 is pretty simple. I am moving forward with it and starting my new job in April.
Since this is a big decision, I would suggest that you get a second opinion
Good Luck...
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indianindian2006
07-14 06:09 PM
This is aboslutly incorrect. Dont spread false information.
Here is the Q&A in USCIS memo abot changing employer before 180 days
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate
You are correct but his case could be that his employer cancelled his 140 which could damage his case more than the use of AC21 to change employers.
Here is the Q&A in USCIS memo abot changing employer before 180 days
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate
You are correct but his case could be that his employer cancelled his 140 which could damage his case more than the use of AC21 to change employers.
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angelfire76
02-14 09:25 PM
The pint is well made....
See the history... all big things ( godd or evil ) started small....
How can one bring US out of recession by firing 65000 H1-B when FOUR MILLION jobs are lost in a year ?????
85000 x 6 = 410k. Of which let's assume that around 30-35k are taken by Indian companies who generally don't use the H1B time to the same extent as local companies or desi consultancies. It still leaves around 300k jobs that could be vacated by force.
Even 30k jobs added "back" to the available pool for American workers is a PR victory for the administration. Besides nobody likes us anyway, which is another PR coup for the antis.
See the history... all big things ( godd or evil ) started small....
How can one bring US out of recession by firing 65000 H1-B when FOUR MILLION jobs are lost in a year ?????
85000 x 6 = 410k. Of which let's assume that around 30-35k are taken by Indian companies who generally don't use the H1B time to the same extent as local companies or desi consultancies. It still leaves around 300k jobs that could be vacated by force.
Even 30k jobs added "back" to the available pool for American workers is a PR victory for the administration. Besides nobody likes us anyway, which is another PR coup for the antis.
chanduv23
11-11 05:58 PM
Don't worry about the comments and the dots. I agree, things are going to get very tough in coming years.
And, the work of every president in the modern history has been diagonally opposite to the expectation. Example, conservatives voted for Bush to ban abortion, stop illegal immigration, balance budget etc. On all these issues, he was a major upset to his supporters. Based on what I know (and don't know), I think that the expectations of most people from Obama administration are likely to dash against the rock. Specifically, people on immigration forums like this one, who feels being in the proximity of a miracle will soon realize the dangerously flawed situation. The apathy of this community will consume it. Live and learn....
.
Almost all my personal friends I spoke to recently who did not want to help with IV stuff, now proudly claim "As Obama has become the president, he will do something for us to get the green card"
The hope continues :)
People come on IV only to blame IV and admins for all the problems in their lives, but when asked to help for IV stuff - they give red dots and leave bad comments
And, the work of every president in the modern history has been diagonally opposite to the expectation. Example, conservatives voted for Bush to ban abortion, stop illegal immigration, balance budget etc. On all these issues, he was a major upset to his supporters. Based on what I know (and don't know), I think that the expectations of most people from Obama administration are likely to dash against the rock. Specifically, people on immigration forums like this one, who feels being in the proximity of a miracle will soon realize the dangerously flawed situation. The apathy of this community will consume it. Live and learn....
.
Almost all my personal friends I spoke to recently who did not want to help with IV stuff, now proudly claim "As Obama has become the president, he will do something for us to get the green card"
The hope continues :)
People come on IV only to blame IV and admins for all the problems in their lives, but when asked to help for IV stuff - they give red dots and leave bad comments
alex99
11-02 04:44 PM
Bumping..