maximus777
05-30 03:15 PM
Voted YES. Mine was the 220th vote!
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pappu
01-31 10:34 AM
http://immigrationvoice.org/forum/showpost.php?p=45215&postcount=854
my comments on this
my comments on this
greenguru
06-10 02:04 AM
Good story... let's see what happens..
what does NOT surprises me is EB3 will still be in Nov 2001..
what does NOT surprises me is EB3 will still be in Nov 2001..
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jasguild
07-17 08:58 AM
Yes, but you are missing the one important fact, that "band aid solution" would put band aid to thousands of hurt people which will sooth them for a while. I understand, your 485 is already in pipeline so you already have those band aids but claiming to be sorry portrayed you very selfish. Think about teh group then you will slowly start forgeting your sorriness.
I said earlier, its not a bad thing as it will bring relief to some people. However it will also make it tough for anyone else after July to get 485 becuase of the huge back log.
I am not thinking about only myself. I am thinking about all of us. I am not enthused becuase I dont believe the decisions are not being made genuinely in our interest. They are doing the politically correct thing and not the morally correct thing.
jasquil
I said earlier, its not a bad thing as it will bring relief to some people. However it will also make it tough for anyone else after July to get 485 becuase of the huge back log.
I am not thinking about only myself. I am thinking about all of us. I am not enthused becuase I dont believe the decisions are not being made genuinely in our interest. They are doing the politically correct thing and not the morally correct thing.
jasquil
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GCInThisLife
07-19 04:45 PM
I did search this with given phrase.. All the search results I see are directed to university websites.. primarily referring to I-20 validity. May be since universities are a little particular about status issues, informing the rules in advance.
In my wifes case, the company policy is not include on the payroll until the first project starts and after that they pay even on the bench. And so far no one (primary) was denied GC from her company. We didn't realize the problems earlier.. she was willing to work earlier.. but since all the clients were asking for SS#, they asked her to wait till she gets one. She soon got accepted by a F500 client, but since the director was on vacation, the the project didn't start till early june 06.. I was a little worried, so though my lawyer didn't ask, she asked her employer for an employment letter. We may be able to request additional letters if USCIS issues reasonable RFE from company. Well.. there is no point in discussing my case further except for stress relief..:(.. what ever happens happens.
LoL. You are such an idi***!
Rest of the post is not for Mr. Kumar. So Mr Kumar, please ignore the rest of the post.
Here is another link:
Immigration Rights and Responsibilities of Scholars in H-1B Status
http://www.bu.edu/isso/scholars/h1-rights.html
Search for no later than 30 days after the I-797 start date
Before you ask: I don't work/study at Boston University.
________________________
Not a legal advice.
In my wifes case, the company policy is not include on the payroll until the first project starts and after that they pay even on the bench. And so far no one (primary) was denied GC from her company. We didn't realize the problems earlier.. she was willing to work earlier.. but since all the clients were asking for SS#, they asked her to wait till she gets one. She soon got accepted by a F500 client, but since the director was on vacation, the the project didn't start till early june 06.. I was a little worried, so though my lawyer didn't ask, she asked her employer for an employment letter. We may be able to request additional letters if USCIS issues reasonable RFE from company. Well.. there is no point in discussing my case further except for stress relief..:(.. what ever happens happens.
LoL. You are such an idi***!
Rest of the post is not for Mr. Kumar. So Mr Kumar, please ignore the rest of the post.
Here is another link:
Immigration Rights and Responsibilities of Scholars in H-1B Status
http://www.bu.edu/isso/scholars/h1-rights.html
Search for no later than 30 days after the I-797 start date
Before you ask: I don't work/study at Boston University.
________________________
Not a legal advice.
pd_recapturing
06-19 10:12 AM
^^^^BUmp^^^^
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Soul
02-11 03:28 PM
When did you vote Majeye?
- Soul :goatee:
- Soul :goatee:
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venkygct
09-04 12:43 AM
- Folks who decided to join the rally from CA, please vote here.
- Folks who is yet decide, please act FAST and book the tickets...
- Folks who wont be able to make it for the rally for sure, Please sponsor someone for the rally and vote @
http://immigrationvoice.org/forum/showthread.php?t=12441
- Folks who is yet decide, please act FAST and book the tickets...
- Folks who wont be able to make it for the rally for sure, Please sponsor someone for the rally and vote @
http://immigrationvoice.org/forum/showthread.php?t=12441
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gc_lover
07-06 08:54 PM
I am still thinking... should I bump this or not :confused:
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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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niidawg3
01-26 09:32 AM
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...
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...
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viv24
05-26 12:13 AM
My problem is that, i have approved h1b, went for stamping to canada, got stuck there for 60 days under 221g, the consulate has still my stamping pending,meanwhile to protect my job i used my AP.
my questions, do i have use ead or can stay in h1b when the stamping is pending.
my questions, do i have use ead or can stay in h1b when the stamping is pending.
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saimrathi
07-06 03:01 PM
Great will def watch it.. Hope other stations follow..
just spoke with Carl Sears from NBC. he said LESTER HOLT is substituting for Brian Williams. most likely its going to be also on their website. It will be broadcasted in the Washington area at 7 pm tonight. hope this hype wil help us!!!!
just spoke with Carl Sears from NBC. he said LESTER HOLT is substituting for Brian Williams. most likely its going to be also on their website. It will be broadcasted in the Washington area at 7 pm tonight. hope this hype wil help us!!!!
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rameshvaid
05-31 11:59 AM
I'm not sure how voting on this site is going to improve the chances of this bill. It is simply an application site 2 companies have created. It does not do us any good by voting on such site. It is like voting on petitiononline site annonymously. Pls help me understand the benefits if I am incorrect in understanding this site.
Pappu
As mentioned earlier, If people really want to do something, Join your state chapter ASAP. We are planning a massive campiagn in the near future. The decision to pursue it will depend on the strength and execution by chapter members.
I am from Ohio and tried several times to join State Chapter. I did get PM from a member last week who asked me to get him my personal info, which I did but no rsponse from him..
Can you suggest a link how can I join SC?
Best..
RV
Pappu
As mentioned earlier, If people really want to do something, Join your state chapter ASAP. We are planning a massive campiagn in the near future. The decision to pursue it will depend on the strength and execution by chapter members.
I am from Ohio and tried several times to join State Chapter. I did get PM from a member last week who asked me to get him my personal info, which I did but no rsponse from him..
Can you suggest a link how can I join SC?
Best..
RV
more...
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swissgear
10-29 01:36 PM
I think it all started in 2007. As you guys know there were mass applications filed in 2007 from everyone who were current including EB2/ROW/I/C and EB3 /ROW/I/C.
AFAIK, close to 1 million applications were filed during this period if you include 485s , EADs and APs and all by all the folks.
All was fine until this time and then came 2008 where some people who were still on H1 applied for EADs and APs as USCIS started to give EADs for 2 years.
Then in 2008 there was a new rule put in place stating that there need to be an Employer-Employee relationship for the people working on H1, this has created some kind of panic among employees and employers and people started to invoke EADs left and right thinking it was not safe to continue to be on H1.
And since then as the economy started to take toll, people were laid off and employers were not willing to transfer H1s as they were too many queries on H1 extensions and transfers. Everyone thought that it was never to be safe to be on H1 and started to invoke EADs either to change for better jobs and people looking for jobs also invoked EADs as it was easier to move..
Then came Oct 2009 and we saw that not many Labors are getting filed by EB2 ROW applicants and very few employers were filing Labors as the Unemployment was in 2 digits % wise and were not able to convince DOS on non availability of citizen/PRs workers to do same or similar jobs.
Also most of the Labors were audited and it took close to a year to clear all that backlog before people were eventually approved in EB2-ROW applicants, until we saw July visa bulletin which raised our hopes.Based on the spill over they were supposed to approve close more than 40k EB2 I/C applications in the last 3 months of the year.
But there was a twist in their understanding. As most of the people who got EADs in 2008 were ripe for renewals(this includes EB-2 ROW/I/C, EB-3 ROW/I/C).And hence applied in mass for their renewals. This caused a huge delay in approving the EAD renewals and you have already heard sad stories about it..
Out of all this, All I can say is that USCIS was working harder than ever during the past 3-4 months to approve so many cases and hence I assume there is a genuine workload to clear all those cases.
Based on the approval trends, I think they have already allocated visas to the applicants who were current and started to approve as soon as the case has been looked into unlike what they used to follow of requesting visas after final verification.
Remember USCIS cannot give an excuse of not utilizing all the visas for the current year and blame on FBI name checks and all , as they had 3 sweet years to adjudicate the applications. And I guess they were under tremendous pressure to approve the cases by Sept 2010 month end.
Just my Honest Opinion.
AFAIK, close to 1 million applications were filed during this period if you include 485s , EADs and APs and all by all the folks.
All was fine until this time and then came 2008 where some people who were still on H1 applied for EADs and APs as USCIS started to give EADs for 2 years.
Then in 2008 there was a new rule put in place stating that there need to be an Employer-Employee relationship for the people working on H1, this has created some kind of panic among employees and employers and people started to invoke EADs left and right thinking it was not safe to continue to be on H1.
And since then as the economy started to take toll, people were laid off and employers were not willing to transfer H1s as they were too many queries on H1 extensions and transfers. Everyone thought that it was never to be safe to be on H1 and started to invoke EADs either to change for better jobs and people looking for jobs also invoked EADs as it was easier to move..
Then came Oct 2009 and we saw that not many Labors are getting filed by EB2 ROW applicants and very few employers were filing Labors as the Unemployment was in 2 digits % wise and were not able to convince DOS on non availability of citizen/PRs workers to do same or similar jobs.
Also most of the Labors were audited and it took close to a year to clear all that backlog before people were eventually approved in EB2-ROW applicants, until we saw July visa bulletin which raised our hopes.Based on the spill over they were supposed to approve close more than 40k EB2 I/C applications in the last 3 months of the year.
But there was a twist in their understanding. As most of the people who got EADs in 2008 were ripe for renewals(this includes EB-2 ROW/I/C, EB-3 ROW/I/C).And hence applied in mass for their renewals. This caused a huge delay in approving the EAD renewals and you have already heard sad stories about it..
Out of all this, All I can say is that USCIS was working harder than ever during the past 3-4 months to approve so many cases and hence I assume there is a genuine workload to clear all those cases.
Based on the approval trends, I think they have already allocated visas to the applicants who were current and started to approve as soon as the case has been looked into unlike what they used to follow of requesting visas after final verification.
Remember USCIS cannot give an excuse of not utilizing all the visas for the current year and blame on FBI name checks and all , as they had 3 sweet years to adjudicate the applications. And I guess they were under tremendous pressure to approve the cases by Sept 2010 month end.
Just my Honest Opinion.
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mallu
03-07 08:34 PM
http://immigration-information.com/forums/showpost.php?p=14423&postcount=146
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gbof
11-03 01:44 PM
Sometime back I commented on visa bulletin predicitions (whatever predictions remain popular) and got nasty comments and too many reds. I think some people get pissed off by the prospects of VB
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synergy
08-12 04:40 PM
I have a question....Green card is for future employment.In that case,once your I-485 got approved ,you need to go and work for your original employer who sponsered your green card. Is that right? Is that the same case if someone uses AC21?
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wonderlust
09-27 04:28 PM
Early Sept. I finally got July 2nd filing receipt. I realized that my packet has traveled all the way to CA and then back again at NSC!! then last weekend Sept 15, I got an email notice that my case is back at NSC AFTER I have received a hard copy notice about the transfer...
It's a confusing process and I don't know which center is faster...
Wonderlust
Based on my receipt numbers and looking up on USCIS website, it appears my AOS application that was sent to NSC has been sent to California Center. I have not seen anybody's case being sent to CSC. Dunno how good or bad it is and whether it sppeds up/delays my EAD processing. Anybody had experience with CSC and got any of EAD/AP/GC approved from CSC.
It's a confusing process and I don't know which center is faster...
Wonderlust
Based on my receipt numbers and looking up on USCIS website, it appears my AOS application that was sent to NSC has been sent to California Center. I have not seen anybody's case being sent to CSC. Dunno how good or bad it is and whether it sppeds up/delays my EAD processing. Anybody had experience with CSC and got any of EAD/AP/GC approved from CSC.
optimystic
10-12 06:17 PM
Yes, your point is entirely valid. I didn't know about this cross-country provision. Another unfair provision.
In fact, my point was that unfairness should be dealt with on all possible fronts. If the system works properly, nobody will need to do anything that is even remotely unfair.
I have a strong gut feeling that 2009 would be a good year for EB3. They will start approving more cases I think.
I certainly hope for the best this year. My PD is currently current, but I am still helpless. Can't file a service request nor know any kind of status (unless on pure luck I run into a good natured IO over phone or infopass). Just have to pray that they find and get to my application while dates are still current.
This thing is a dual headed monster....If you conquer the PD head, the processing date Head pops up and vice versa.... I was in same situation briefly ( a month or two of PD being current but Processing dates stuck at July 2, 2007 at NSC) early this year and had to sit back and painfully watch the PD for EB3-I becoming 'U' again. I am more afraid of the 'unavailability' than retrogression now!! With retrogression you can atleast hope it might become current in the next month or one after that. But with 'U' , you just have to wait until Oct next year !!!
The moment they advance the PD for EB3 I and my application still remains untouched , I am gonna try to take that info , take an Info Pass and ask the IO, if they had advanced the PDs, it means they exhausted every application that could be approved and wanted to find more....so what ever has happened to my case !! I hope it wouldn't come to that.
In fact, my point was that unfairness should be dealt with on all possible fronts. If the system works properly, nobody will need to do anything that is even remotely unfair.
I have a strong gut feeling that 2009 would be a good year for EB3. They will start approving more cases I think.
I certainly hope for the best this year. My PD is currently current, but I am still helpless. Can't file a service request nor know any kind of status (unless on pure luck I run into a good natured IO over phone or infopass). Just have to pray that they find and get to my application while dates are still current.
This thing is a dual headed monster....If you conquer the PD head, the processing date Head pops up and vice versa.... I was in same situation briefly ( a month or two of PD being current but Processing dates stuck at July 2, 2007 at NSC) early this year and had to sit back and painfully watch the PD for EB3-I becoming 'U' again. I am more afraid of the 'unavailability' than retrogression now!! With retrogression you can atleast hope it might become current in the next month or one after that. But with 'U' , you just have to wait until Oct next year !!!
The moment they advance the PD for EB3 I and my application still remains untouched , I am gonna try to take that info , take an Info Pass and ask the IO, if they had advanced the PDs, it means they exhausted every application that could be approved and wanted to find more....so what ever has happened to my case !! I hope it wouldn't come to that.
eb3retro
07-07 10:22 AM
i am starting to wonder, if you are for real. your profile is empty. All your previous posts are derogatory and you accused the american president in your previous posts. I am wondering whats the basis you are here in IV and if you a green card case that you have applied and waiting..
Over 60% of the US and 90% of Arizona supports the law they passed. Obama and his Attorney General are doing the wrong thing by interfering with state politics. How can these high ranking officials tell state law enforcement NOT TO enforce laws? The Supreme court will favor AZ even before the case starts. Slam Dunk.
Over 60% of the US and 90% of Arizona supports the law they passed. Obama and his Attorney General are doing the wrong thing by interfering with state politics. How can these high ranking officials tell state law enforcement NOT TO enforce laws? The Supreme court will favor AZ even before the case starts. Slam Dunk.
