mammoy2k
09-10 12:49 PM
When I used term misguide, I was reffering to "I-140 Approval". Here is another attempt to clarify:
If you concurrently filed your application and if it is more than 180 since you filed and your I-140 is not approved yet, then can you use AC21? The answer is yes as per Yates memo. Even though your I-140 is not approved at the time you invoked AC21, USCIS while adjudicating the petition should determine whether the I-140 was approvable at the time of filling? Please read the memo, if you have not done so.
In nutshell, I-140 approval is not required for invoking AC21, if application was filed concurrently and has been pending for 180 days or more. Attorneys ask you to remain in your job, so as to minimize the risk.
Kindly see the context of the post and please read the post completely before going ballistic �
I am not talking about the requirements for concurrent filing. Yes, everybody knows that I-140 and I-485 could be filed together, hence the word �concurrent�.
However, approved I-140 is required for invoking AC-21 to change employer after 180 days of 485 receipt.
If you want to change employer without consideration to the salary, be my guest. I am simply trying to relay what I have learnt from discussions with 4 top attorneys in the country. If you have any doubt, speak to an attorney. But you are welcome to do whatever you find is best for you. I have changed employer using AC-21 and simply attempting to provide the information about practical implication/ramifications of AC-21 from my experience and knowing. As always, you are welcome to do whatever you deem fit in your case.
If you concurrently filed your application and if it is more than 180 since you filed and your I-140 is not approved yet, then can you use AC21? The answer is yes as per Yates memo. Even though your I-140 is not approved at the time you invoked AC21, USCIS while adjudicating the petition should determine whether the I-140 was approvable at the time of filling? Please read the memo, if you have not done so.
In nutshell, I-140 approval is not required for invoking AC21, if application was filed concurrently and has been pending for 180 days or more. Attorneys ask you to remain in your job, so as to minimize the risk.
Kindly see the context of the post and please read the post completely before going ballistic �
I am not talking about the requirements for concurrent filing. Yes, everybody knows that I-140 and I-485 could be filed together, hence the word �concurrent�.
However, approved I-140 is required for invoking AC-21 to change employer after 180 days of 485 receipt.
If you want to change employer without consideration to the salary, be my guest. I am simply trying to relay what I have learnt from discussions with 4 top attorneys in the country. If you have any doubt, speak to an attorney. But you are welcome to do whatever you find is best for you. I have changed employer using AC-21 and simply attempting to provide the information about practical implication/ramifications of AC-21 from my experience and knowing. As always, you are welcome to do whatever you deem fit in your case.
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longq
12-29 04:35 PM
You might have to define what the word "is" is ;-)
Anyway, that paragraph also states: "If the total number of visas available under paragraph (1), (2), (3), (4), or (5) [...] exceeds the number of qualified immigrants who may otherwise issued such visas,." but then continues on with: "the visas made available under that paragraph shall be issued without regard to the numerical limitation"
One could interpret this distinction such that the actual number of visas available is not necessarily the same number of visas made available, which is fixed to 28.6% + spill-over. It might, as well, comprise only those unused visas that haven't been passed down to a lower category. 203 (b) (2) / (3) and 202(5) seem to compete over the unused numbers. Not sure which one has preference.
Well, that's according to your interpretation. You seem to suggest that USCIS disagrees with your interpretation. We probably have to wait for the next immigration statistics to see what rule USCIS has been following.
I'd hope IV would focus on increasing the number of GCs available to all of us, instead of fighting for allocation. ACT-21 increased the number of H1B visas without increasing the number of GCs.
Your interpretation is very simple. However one draft the law (before 2000 or after 2000), EB3 is prefered than EB2 and EB1, just to address the diversity.
The question is simple. Whether diversity is important or employment preference is important? What is the intent of the congress in 202 a 5? Has DOS understand the intent? This is very very important for oversubscribed countries. We know IV is working hard to address the retro. This is also equially important. Even if we achive in incresing the EB visa numbers (by SKIL/CIR) by 2 times or 3 times it will not be usefull for India and China. Thats why it is very important.
In FY2005 India consumed about 16,000 EB2 visa. The total visa issued still about 40,000 only. From 2006 it is going to be 2800 only. Just compare 16,000 with 2,800. With this rate, an Indian guy with PD in 2005 or 2006 may not get GC till his retirement. However a non-Indian, Chinese EB2 guy with PD 2006 get GC with in 6 months.
Anyway, that paragraph also states: "If the total number of visas available under paragraph (1), (2), (3), (4), or (5) [...] exceeds the number of qualified immigrants who may otherwise issued such visas,." but then continues on with: "the visas made available under that paragraph shall be issued without regard to the numerical limitation"
One could interpret this distinction such that the actual number of visas available is not necessarily the same number of visas made available, which is fixed to 28.6% + spill-over. It might, as well, comprise only those unused visas that haven't been passed down to a lower category. 203 (b) (2) / (3) and 202(5) seem to compete over the unused numbers. Not sure which one has preference.
Well, that's according to your interpretation. You seem to suggest that USCIS disagrees with your interpretation. We probably have to wait for the next immigration statistics to see what rule USCIS has been following.
I'd hope IV would focus on increasing the number of GCs available to all of us, instead of fighting for allocation. ACT-21 increased the number of H1B visas without increasing the number of GCs.
Your interpretation is very simple. However one draft the law (before 2000 or after 2000), EB3 is prefered than EB2 and EB1, just to address the diversity.
The question is simple. Whether diversity is important or employment preference is important? What is the intent of the congress in 202 a 5? Has DOS understand the intent? This is very very important for oversubscribed countries. We know IV is working hard to address the retro. This is also equially important. Even if we achive in incresing the EB visa numbers (by SKIL/CIR) by 2 times or 3 times it will not be usefull for India and China. Thats why it is very important.
In FY2005 India consumed about 16,000 EB2 visa. The total visa issued still about 40,000 only. From 2006 it is going to be 2800 only. Just compare 16,000 with 2,800. With this rate, an Indian guy with PD in 2005 or 2006 may not get GC till his retirement. However a non-Indian, Chinese EB2 guy with PD 2006 get GC with in 6 months.
Alabaman
05-22 03:16 PM
DID YOU EVER MOVE WITHOUT REPORTING A CHANGE OF ADDRESS?? IF YOUR ANSWER IS YES, THEN YOU ARE ALSO AN ILLEGAL... YOU QUALIFY FOR A Z VISA!!! YEPEEE!!!
u can easily get an affadavit from someone with a business that says u worked there for a period of x days while ur h1 was with yyy company... that puts u into an illegal category too.
i m growing some tomatoes this summer....maybe i can get additional points if i grow them for 100 days every year and then after another 5 yrs i can get some more points in the new merit based system
u can easily get an affadavit from someone with a business that says u worked there for a period of x days while ur h1 was with yyy company... that puts u into an illegal category too.
i m growing some tomatoes this summer....maybe i can get additional points if i grow them for 100 days every year and then after another 5 yrs i can get some more points in the new merit based system
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rolrblade
07-19 10:23 AM
Dude: Ask your attroney if you can do this. But in any case she needs to get an emergency appointment. As someone rightly poitned out, slight delay in flight......... years of waiting.
more...
eb3retro
01-05 12:16 AM
So is it worth while to invest $500 in PMI certification?
did you read my response???
did you read my response???
belmontboy
05-18 04:48 PM
what logic? did you vote for a senator that supports such a bill or are you planning to present it in the senate/house?
and to your point, even i am not comparing any schools... i am just saying that there should be a quota for iim/iit grads...
dude, do u think the senators here care for how good iim/iit's are??
lemme make it simple so that u understand, they have 20k quota for master's [donno how this idea was sold]. In those terms, selling the idea for having an additional quota for Master's students in GC should be relatively easier than any other campaign.
and to your point, even i am not comparing any schools... i am just saying that there should be a quota for iim/iit grads...
dude, do u think the senators here care for how good iim/iit's are??
lemme make it simple so that u understand, they have 20k quota for master's [donno how this idea was sold]. In those terms, selling the idea for having an additional quota for Master's students in GC should be relatively easier than any other campaign.
more...
sroyc
11-30 12:18 AM
People with '01/'02 PD's getting GCs before the rest is a bad thing because .....?
One minor side effect is that India EB dates might further retrogress because still there a lot of folks with PD 2001,2002 etc pending namecheck clearance.
One minor side effect is that India EB dates might further retrogress because still there a lot of folks with PD 2001,2002 etc pending namecheck clearance.
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thankgod
05-12 01:29 PM
The Dream act is supposed to happen only in your dreams.... Keep Dreaming:eek:
Thats a good one. Completely accepting.
Thats a good one. Completely accepting.
more...
mallu
12-03 03:08 AM
From that article:
""We should remember, these are people who've been living here in the U.S. with green cards for at least five years. And so it doesn't make sense that a delay is going to protect us from any national security threats," Wang said."
That is how stupid current system. I think it is to satisfy a bunch of paranoid conservative voters.
""We should remember, these are people who've been living here in the U.S. with green cards for at least five years. And so it doesn't make sense that a delay is going to protect us from any national security threats," Wang said."
That is how stupid current system. I think it is to satisfy a bunch of paranoid conservative voters.
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logiclife
04-03 10:56 AM
Please ask your colleagues who are unaware of this that it takes a few clicks to send faxes to all 100 senators and number of faxes matter to emphasize the gravity of situation and widespread support to our cause.
more...
eb3retro
04-16 01:04 PM
Can anyone please give any advise/ideas on how to deal with this?
Thanks.
did you give an education evaluation certification along with your original GC app and I-140 app? IT is very important documentation if u do not have a 4 year degree. Usually they accept 3 year degree with work exp to be considered in lieu of 4 year degree. for your case, where u do not have a 3 year bachelors also, ur education evaluation documentation needs to be extra strong and attractive. Hope this helps...
Thanks.
did you give an education evaluation certification along with your original GC app and I-140 app? IT is very important documentation if u do not have a 4 year degree. Usually they accept 3 year degree with work exp to be considered in lieu of 4 year degree. for your case, where u do not have a 3 year bachelors also, ur education evaluation documentation needs to be extra strong and attractive. Hope this helps...
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maddipati1
07-27 08:16 PM
the pattern analysis is wrong.
the links to 13th & 27th are not working, only 06th & 20th are.
so, its every other friday, so it will be posted on Aug3rd.
btw, thats so funny about 'dead meat on finger... and concern about finger print...' great stuff i was LOL...
S
the links to 13th & 27th are not working, only 06th & 20th are.
so, its every other friday, so it will be posted on Aug3rd.
btw, thats so funny about 'dead meat on finger... and concern about finger print...' great stuff i was LOL...
S
more...
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werc
04-11 01:02 PM
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.
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.
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saimrathi
07-10 01:16 PM
This is an awesome find... We desperately need to contact Michael Moore for our cause...
Guys we should put this on youtube and hit with star ratings and supporting messages for moore...........
http://www.cnn.com/video/#/video/bestoftv/2007/07/09/blitzer.michael.moore.cnn
CNN never tell truth no matter what it is...immigration, health care, .....
Guys we should put this on youtube and hit with star ratings and supporting messages for moore...........
http://www.cnn.com/video/#/video/bestoftv/2007/07/09/blitzer.michael.moore.cnn
CNN never tell truth no matter what it is...immigration, health care, .....
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grimreaper
05-29 10:10 PM
Great!!
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Sheila Danzig
08-18 03:50 PM
Two things
1. Responding to 8-month old post == free ad
2. Is your posting evaluation or legal advice?
Have a good day!
.
Sorry - for some reason the post showed up as new on my PC and I did not notice the date. This is evaluation advice and certainly not an ad. It is important that everyone understand what they need as many attorneys make mistakes. It was free advice. That is my only reason to be here. The vast majority of my business comes from attorneys and firms. If you can tell me how I can help and not have you think it is an ad each time, then I will do so. I see so many bad situations that could have been avoided if everyone were just a bit more informed. That is all I seek to do here.
1. Responding to 8-month old post == free ad
2. Is your posting evaluation or legal advice?
Have a good day!
.
Sorry - for some reason the post showed up as new on my PC and I did not notice the date. This is evaluation advice and certainly not an ad. It is important that everyone understand what they need as many attorneys make mistakes. It was free advice. That is my only reason to be here. The vast majority of my business comes from attorneys and firms. If you can tell me how I can help and not have you think it is an ad each time, then I will do so. I see so many bad situations that could have been avoided if everyone were just a bit more informed. That is all I seek to do here.
more...
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RandyK
02-20 05:09 PM
I am trying to figure out the impact of this ruling on the current usage of visa numbers.
I am from ROW so I would like to see how many more from ROW would demand visa numbers due to this new ruling.
Obviously this is important to India and China as well because the only way these two categories would get more visa numbers is from ROW overflow this year as these categories have used up most of their visa numbers for the year.
If I understand correct ROW 1 overflows to ROW 2 and ROW 3 and when ROW 3 current Over flow over to India/China
Any ideas guys??
I am from ROW so I would like to see how many more from ROW would demand visa numbers due to this new ruling.
Obviously this is important to India and China as well because the only way these two categories would get more visa numbers is from ROW overflow this year as these categories have used up most of their visa numbers for the year.
If I understand correct ROW 1 overflows to ROW 2 and ROW 3 and when ROW 3 current Over flow over to India/China
Any ideas guys??
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delhiguy
07-07 07:37 PM
i saw it on TV . there is 10 ot 15 sec clip of some one asking Condoleezza Rice about this fiasco . which program was that on nbc ? any one has any info on it ?
Its on the CNBC HOME page.. On the right
Its on the CNBC HOME page.. On the right
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undertaker
05-17 06:26 AM
What is the white man's (Europeans and others) visa to America then? I don't see any other ways people can come here on the same conditions as the H-1B visa.
Lol, it happens to be no visa!Most Europeans don't need a visa to get in this country and if they want to, they just stay back.....since they are are the same color as the majority they do not caste doubts or suspicions as much as the 'brown man' does....I don't think the majority of European immigrants to America came with any papers whatsoever......and lets not forget that before '65 race-based immigration was the policy.
Lol, it happens to be no visa!Most Europeans don't need a visa to get in this country and if they want to, they just stay back.....since they are are the same color as the majority they do not caste doubts or suspicions as much as the 'brown man' does....I don't think the majority of European immigrants to America came with any papers whatsoever......and lets not forget that before '65 race-based immigration was the policy.
FinalGC
01-05 12:07 PM
Hi FinalGC,
What is your defintion of a large project ? How much budget/people/schedule etc should we use for that definition.
I would say it depends from organization to organization. The way I have seen operating in the industry, one could consider a project large if it has a $1 million budget or more. However, organizations could also consider a program with mutiple small projects with a total budget value greater than $1 million as a large project, where the PM may handle mutiple small projects which will cumulatively have a budget greater than $1mill.
This is also one way to justify the need of a PM.
What is the budget of the project is one of the questions that a PM should ask during an interview, so that he/she will know the stability of the project and its longevity.
Hope that helps.
What is your defintion of a large project ? How much budget/people/schedule etc should we use for that definition.
I would say it depends from organization to organization. The way I have seen operating in the industry, one could consider a project large if it has a $1 million budget or more. However, organizations could also consider a program with mutiple small projects with a total budget value greater than $1 million as a large project, where the PM may handle mutiple small projects which will cumulatively have a budget greater than $1mill.
This is also one way to justify the need of a PM.
What is the budget of the project is one of the questions that a PM should ask during an interview, so that he/she will know the stability of the project and its longevity.
Hope that helps.
satishku_2000
12-01 03:14 PM
There may be a slight decrease in number because of retrogression, but i believe the bros&sis in the citizenship queue will compensate for that.
Naturalization queue is much bigger than AOS queue now and it has political clout. I guess probably thats the reason why they are expediting the namecheck now. USCIS dont want to be dragged into voter suppression mess.:)
Naturalization queue is much bigger than AOS queue now and it has political clout. I guess probably thats the reason why they are expediting the namecheck now. USCIS dont want to be dragged into voter suppression mess.:)
