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drona
09-20 06:57 PM
Thanks for playing your folk tunes, and singing and reciting poetry on stage at the rally! Please let us know the IV handle of the other guitarist and singer. Thanks for inviting me to join you but I am way too shy to sing on stage :o 3 cheers to abhijitp, you make CA proud!
wallpaper Abby And Brittany Hensel:
wellwishergc
04-12 07:57 AM
Thanks werc, for this posting.. It makes things very clear!!!
The only leeway USCIS has w.r.t EADs are the duration of the EADs and not the timing of the issue of the EAD. The fact that the EAD can be given only after the I485 is filed is governed by the INA.
Further the grant of EADs in all the eligible categories is more or less the same. Even if the timing of the grant of the EAD were in USCIS hands ,it is hard to request an alternative interpretation of the regulation in some cases (eg after I-140) while retaining the same interpretation for other categories (eg EAD after completion of Education). This just opens up a lot of loopholes.
ON top of all this we have to take into consideration the huge inherent inertia of the USCIS to change. As already pointed out the only recourse available would be to change the law of the land, on which path we are already traversing.
The only leeway USCIS has w.r.t EADs are the duration of the EADs and not the timing of the issue of the EAD. The fact that the EAD can be given only after the I485 is filed is governed by the INA.
Further the grant of EADs in all the eligible categories is more or less the same. Even if the timing of the grant of the EAD were in USCIS hands ,it is hard to request an alternative interpretation of the regulation in some cases (eg after I-140) while retaining the same interpretation for other categories (eg EAD after completion of Education). This just opens up a lot of loopholes.
ON top of all this we have to take into consideration the huge inherent inertia of the USCIS to change. As already pointed out the only recourse available would be to change the law of the land, on which path we are already traversing.
gcgreen
08-15 12:53 PM
To my knowledge, bench non-pay violates H1B rules. If you are on H1B you are required to draw a salary every month.
I do not know if bench non-pay violates AOS pending status.
Hello Gurus,
This is my first post. I had filed 485/140 in Aug. 2007. 140 got approved this March 2008. I donot have pay stub for last 3 months. I am looking for change. My labor is a substituted one( PD 2004). It has skills mentioned of Oracle EBS. I am working on Java/J2EE. I am looking for a new Job with Java/J2EE skills. I am worried that my new offer letter with Java skills mentioned would create a problem for me.
Please Gurus, can you advice me as to whether I can do that? Will staying on bench create a problem, as I donot get salary on bench.
Please help me.
I do not know if bench non-pay violates AOS pending status.
Hello Gurus,
This is my first post. I had filed 485/140 in Aug. 2007. 140 got approved this March 2008. I donot have pay stub for last 3 months. I am looking for change. My labor is a substituted one( PD 2004). It has skills mentioned of Oracle EBS. I am working on Java/J2EE. I am looking for a new Job with Java/J2EE skills. I am worried that my new offer letter with Java skills mentioned would create a problem for me.
Please Gurus, can you advice me as to whether I can do that? Will staying on bench create a problem, as I donot get salary on bench.
Please help me.
2011 The Magic Twins
syzygy
07-06 03:34 PM
Should we put this on digg ?
The thread is just fine. Hopefully, it'll attract a few more contributors to the flower campaign. We need a few more for the magic three digits!
The thread is just fine. Hopefully, it'll attract a few more contributors to the flower campaign. We need a few more for the magic three digits!
more...
coopheal
04-17 02:20 PM
Do you guys think EB3 India will move forward?
It does say that similar expansion could happen for other chargeability areas.
F. VISA AVAILABILITY DURING THE COMING MONTHS
Recent discussions have indicated that both the Citizenship and Immigration Services (CIS) and the Department of Labor still have a significant amount of cases in their backlog reduction efforts. As a result, the anticipated increase in demand has not yet materialized and may not for some time. Therefore, in an effort to maximize number use under the annual numerical limit, the Worldwide and Philippines Employment Third preference cut-off dates have been advanced by one year.
Unless there is a significant increase in Employment demand, it will be necessary to continue this rate of movement during the upcoming months. Such movement could be expanded to include other chargeability areas and preference categories.
One consequence of rapid cut-off date advancement is the inevitable increase in demand for numbers as adjustment of status cases are brought to conclusion at CIS Offices. Such increased demand could have dramatic impact on the cut-off dates. Readers will be provided as much advance notice as possible should this occur.
It does say that similar expansion could happen for other chargeability areas.
F. VISA AVAILABILITY DURING THE COMING MONTHS
Recent discussions have indicated that both the Citizenship and Immigration Services (CIS) and the Department of Labor still have a significant amount of cases in their backlog reduction efforts. As a result, the anticipated increase in demand has not yet materialized and may not for some time. Therefore, in an effort to maximize number use under the annual numerical limit, the Worldwide and Philippines Employment Third preference cut-off dates have been advanced by one year.
Unless there is a significant increase in Employment demand, it will be necessary to continue this rate of movement during the upcoming months. Such movement could be expanded to include other chargeability areas and preference categories.
One consequence of rapid cut-off date advancement is the inevitable increase in demand for numbers as adjustment of status cases are brought to conclusion at CIS Offices. Such increased demand could have dramatic impact on the cut-off dates. Readers will be provided as much advance notice as possible should this occur.
onemorecame
08-21 02:39 PM
I agree that labor belongs to the company, but I paid all the fee for the same. They can always use that, but they are not supposed to screw up me In this case, they didn't talk to me and told me that my 485 was applied, which turned out to be a lie.
Please tell the name of that employer, so nobody will join that guy.
atleast sent the private message
BTW how you came to know that whether your case filled or not?
Please tell the name of that employer, so nobody will join that guy.
atleast sent the private message
BTW how you came to know that whether your case filled or not?
more...
jasguild
07-17 10:34 AM
I agree with everybody on this thread. I agree this solution ( if any) will be a band aid. I also agree the band-aid is needed to prevent the wound from becoming fetid. I agree this may exacerbate problems.
For all these reasons, it is imperative we do not stop after this anouncement. Our long term goal has to be retrogression relief in one form or the other, including all or some of recapture of unused visas, increase in annual quota, resolution of the FBI name chack black hole, and more that able persons in IV can doubtless think of better than yours truly.
I, for one, am going to be a member of IV long after this anouncement.
WELL SAID!!!
The only thing I would like to add is, when we eventually get our GC, lets not forget those behind us!
jasquil
For all these reasons, it is imperative we do not stop after this anouncement. Our long term goal has to be retrogression relief in one form or the other, including all or some of recapture of unused visas, increase in annual quota, resolution of the FBI name chack black hole, and more that able persons in IV can doubtless think of better than yours truly.
I, for one, am going to be a member of IV long after this anouncement.
WELL SAID!!!
The only thing I would like to add is, when we eventually get our GC, lets not forget those behind us!
jasquil
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H4_losing_hope
02-11 11:42 AM
Got another 33 in hand, total 43, more to come
Tip: recruit friends and strangers to get more from their work places and mail back to you.
Nice work :)
Tip: recruit friends and strangers to get more from their work places and mail back to you.
Nice work :)
more...
pbojja
10-21 03:28 PM
Despite of my request on RED dots and interpretation issues,
Some one gave me a RED dot for this posting. It is as follows
1. Interpretation issues... 10-21-2008 03:40 PM What is "con traversal" dear ? ))
Guys, we need keep away these kind of people from IV participation. There should be some restrictions (rules and regulation). These are the people who don't know what they are doing. GOD only can save them.
We are here for to work and live and represent as a forum to fight against a broken system. Looks like we have issues among us.
We either take away GREEN/RED dot concepts from bothering others or do some thing else (display who has given RED/GREEN dots).
Core member do some thing.
This is a great website and you can really find very good advices related to immigration issues ..How ever there will be people who interpret the questions differently and react differently ..That does not mean they represent IV .
I m not defending any one but When it comes to your question ..its more like a personal question than a immigration question ..I choose not to reply when I see these questions ..some of them react postively and some of them negatively ..some may think you are playing here and give a red or nasty comment ...
Some one gave me a RED dot for this posting. It is as follows
1. Interpretation issues... 10-21-2008 03:40 PM What is "con traversal" dear ? ))
Guys, we need keep away these kind of people from IV participation. There should be some restrictions (rules and regulation). These are the people who don't know what they are doing. GOD only can save them.
We are here for to work and live and represent as a forum to fight against a broken system. Looks like we have issues among us.
We either take away GREEN/RED dot concepts from bothering others or do some thing else (display who has given RED/GREEN dots).
Core member do some thing.
This is a great website and you can really find very good advices related to immigration issues ..How ever there will be people who interpret the questions differently and react differently ..That does not mean they represent IV .
I m not defending any one but When it comes to your question ..its more like a personal question than a immigration question ..I choose not to reply when I see these questions ..some of them react postively and some of them negatively ..some may think you are playing here and give a red or nasty comment ...
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JazzByTheBay
09-21 01:08 PM
Noticed you joined in September 2007, and this is your 5th post. Welcome to IV!
Were you present at the rally? I'm guessing you weren't.
IV represents high-skilled, educated, professionals - most of us don't expect to see major changes happen overnight. We do not expect the United States Congress, or the Senate, or the White House to fall in love with our cause instantly and issue us green cards by the weekend!
Nevertheless, the process of educating lawmakers, the media, and the country should continue.
The rally was just another step, albeit a significant one. It's symbolism isn't lost on anyone who attended. A significant number of meetings were held on lobby day.
cheers!
jazz
Ok, I've seen a lot of threads about go to the rally, actions items, I've reading a lot of guys saying dont ask for your receipt status, dont waste your time etc, etc.
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
Question remains open:
1. When are they going to increase the GC quota?
2. When congress id going to do something?
I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............
Were you present at the rally? I'm guessing you weren't.
IV represents high-skilled, educated, professionals - most of us don't expect to see major changes happen overnight. We do not expect the United States Congress, or the Senate, or the White House to fall in love with our cause instantly and issue us green cards by the weekend!
Nevertheless, the process of educating lawmakers, the media, and the country should continue.
The rally was just another step, albeit a significant one. It's symbolism isn't lost on anyone who attended. A significant number of meetings were held on lobby day.
cheers!
jazz
Ok, I've seen a lot of threads about go to the rally, actions items, I've reading a lot of guys saying dont ask for your receipt status, dont waste your time etc, etc.
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
Question remains open:
1. When are they going to increase the GC quota?
2. When congress id going to do something?
I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............
more...
dixie
11-16 05:47 PM
Non-immigrants are routinely charged a hefty premium on mortgages and loans just based on the fact that their stay in the US is limited in time - irrespective of what your credit score and other usual risk assessment metrics have to say.
Bank of America is discriminating against non-immigrants by not leting then open self directed brokrage account. It's like going in to a store and store personal telling you that I cannot sell you gallon of milk because you are non immigrant.
Bank of America is discriminating against non-immigrants by not leting then open self directed brokrage account. It's like going in to a store and store personal telling you that I cannot sell you gallon of milk because you are non immigrant.
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rameshvaid
05-30 03:48 PM
Just did it..
RV
RV
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sanju
09-09 12:11 PM
On your previous post you mention about salary hike and %ges...can you please clarify if a person continues to work for same employer (who filed PERM and 140) and salary hike is (base salary or bonus) 10% or more per year and AOS application process takes 2-3 years (so, total 30% difference in 3 years)...is that a negative on your application? or can it be a reason for denial?
Thanks
Rahul
This is an excellent question Rahul. I have tried my best to find a definitive answer to this question. Different experts/lawyers have given different answer to this question. So I am not sure if salary hike at the same employer would hurt AOS application in anyway. On the face of it, it should be a no brainier and we would like to hear that. Most of the times, we all want to hear our lawyer give us a specific reply, so even if they lawyer is telling us something which doesn't directly imply what we want to hear, we still think that that the lawyer is telling us what we wanted to hear - "selective hearing".
But some lawyers have told me that substantial salary increase (30% in 3 years can be seen as substantial) could be a problem at USCIS. They could argue that the job/job requirement/job responsibilities have changed substantially as there is a substantial change in the wage rate offered. So it’s a grey area. In effect, system is designed to keep us where we are till the time the green card petition is approved. I realize that this doesn't provide a definitive answer to your question and sorry about that, but this is as much as I could find out about the specific question.
Thanks
Rahul
This is an excellent question Rahul. I have tried my best to find a definitive answer to this question. Different experts/lawyers have given different answer to this question. So I am not sure if salary hike at the same employer would hurt AOS application in anyway. On the face of it, it should be a no brainier and we would like to hear that. Most of the times, we all want to hear our lawyer give us a specific reply, so even if they lawyer is telling us something which doesn't directly imply what we want to hear, we still think that that the lawyer is telling us what we wanted to hear - "selective hearing".
But some lawyers have told me that substantial salary increase (30% in 3 years can be seen as substantial) could be a problem at USCIS. They could argue that the job/job requirement/job responsibilities have changed substantially as there is a substantial change in the wage rate offered. So it’s a grey area. In effect, system is designed to keep us where we are till the time the green card petition is approved. I realize that this doesn't provide a definitive answer to your question and sorry about that, but this is as much as I could find out about the specific question.
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add78
06-12 03:11 PM
If there was ever a greater need to call your congressman/woman/senator/CHC member, the time is NOW. As the momentum builds, we need to call in greater numbers to mobilize congressional support in terms of more sponsors. Please CALL per action items. Call now. Ask others to call. Make it a resolution to get one friend a day to call. And persuade that one friend to donate.
Together, we CAN make the change happen.
Together, we WILL be the change that we seek.
Yes We Can.
Yes We Will.
Yes We Are.
Together, we CAN make the change happen.
Together, we WILL be the change that we seek.
Yes We Can.
Yes We Will.
Yes We Are.
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desi3933
07-19 04:55 PM
Yes, don't worry guys. Once I-140 is approved, most of employment and job related stuff is over.
I-485 is mainly for status change stage to check criminal background (not job related :) ), FP and name check. They won't check much on job.
It is all straight forward and only a time consuming stage. Thats all. Enjoy the AOS pending stage.
Incorrect.
Consider this example. It is possible that I-140 is approved in Dec 2005 and I-485 is filed in July 2007. There can be big time lag between I-140 and I-485.
I-140 is mainly matching job requirement to employee' skill set and experience and ability to pay for the employer. It does NOT check for out of status issues. I hope you know that person may not be US for I-140 to be approved.
I-485 is, like it says, adjustment of status and it checks for status issue. Please refer to section 245 in detail. Section 245(k), for example, applies to I-485 (and not to I-140).
Please confirm with your lawyer and get your info right.
______________________
Not a legal advice.
I-485 is mainly for status change stage to check criminal background (not job related :) ), FP and name check. They won't check much on job.
It is all straight forward and only a time consuming stage. Thats all. Enjoy the AOS pending stage.
Incorrect.
Consider this example. It is possible that I-140 is approved in Dec 2005 and I-485 is filed in July 2007. There can be big time lag between I-140 and I-485.
I-140 is mainly matching job requirement to employee' skill set and experience and ability to pay for the employer. It does NOT check for out of status issues. I hope you know that person may not be US for I-140 to be approved.
I-485 is, like it says, adjustment of status and it checks for status issue. Please refer to section 245 in detail. Section 245(k), for example, applies to I-485 (and not to I-140).
Please confirm with your lawyer and get your info right.
______________________
Not a legal advice.
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felix31
12-21 01:57 PM
You BET. I really hope for all our spouses sakes that the Congress DOES increase H1Bs as well
I hope too, school districts hire teachers between june-sept and judging by the speed last years quota was gobbled up, I can hardly hope to get a job as a teacher 10 months in advance...
THis is great news however as I hope to graduate in a year and than I can take advantage of the Masters quota
I hope too, school districts hire teachers between june-sept and judging by the speed last years quota was gobbled up, I can hardly hope to get a job as a teacher 10 months in advance...
THis is great news however as I hope to graduate in a year and than I can take advantage of the Masters quota
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labor2003
04-01 06:34 PM
Just sent fax # 10 and 11.
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sanju
02-21 07:40 AM
The first thing to do in call your attorney and ask him to be with you when any uscis or ice guy shows up. Right to an attorney is a basic right. Do not think that u will offend ice officer if u have u'r attorney present. Do not think that u'r charming personality will put u in the good books of ice. If I were u, I would not do anything, without consulting my attorney in such a matter.
Also, keep bank stmts and all recent paystubs handy, along with past exp. Letters and degree/certificates. Copiew of h1 + gc petition/approval would be good to have.
.
I have one week from now for his visit. He gave me his desk number too. So I guess he is still an ICE employee. I did not call him at that number though.
Also, keep bank stmts and all recent paystubs handy, along with past exp. Letters and degree/certificates. Copiew of h1 + gc petition/approval would be good to have.
.
I have one week from now for his visit. He gave me his desk number too. So I guess he is still an ICE employee. I did not call him at that number though.
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reddog
01-26 12:03 PM
1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
brilliant dude. nice reply.
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
brilliant dude. nice reply.
waitingnwaiting
11-10 07:58 AM
When is the December visa bulletin coming? Can someone ask their lawyer?
Why is nobody predicting? Are we all becoming so pessimistic?
Why is nobody predicting? Are we all becoming so pessimistic?
andy garcia
06-05 01:09 PM
(d) Form I-140 Petition Must be Approved Prior to a Favorable Determination of a �106(c) AC21 portability request.
this could be read 2 ways...either you need have an approved I-140 prior to filing for portability OR the adjudicator needs to approve the I-140 prior to determining portability.
You can read it 10 ways, but the CIS has only one interpretation(see bold below).
An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.
this could be read 2 ways...either you need have an approved I-140 prior to filing for portability OR the adjudicator needs to approve the I-140 prior to determining portability.
You can read it 10 ways, but the CIS has only one interpretation(see bold below).
An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.
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