mmj
04-19 03:46 PM
You joined today just to post this?
Dude you need to first fill your profile details and earn some credibility before you ask people to do something.
Hey Bozo - I've been following IV for about 2 years now using my spouse's ID - I just created one for myself today - My wife and I have contributed to IV also. Know the facts before shooting your mouth off - NUT JOB!!!
Dude you need to first fill your profile details and earn some credibility before you ask people to do something.
Hey Bozo - I've been following IV for about 2 years now using my spouse's ID - I just created one for myself today - My wife and I have contributed to IV also. Know the facts before shooting your mouth off - NUT JOB!!!
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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???
adibhatla
02-19 04:41 PM
Just a small addition to your point 4.
MTR allows you to work. Usually an MTR is supposed to be filed within 33 days after you have recieved your denial. As soon as the USCIS recieves your MTR (which is your I290B form), they issue a notice number. This number allows you to work. The only time you are not technically allowed to work is the time since you recieved the denial notice till you recieve your I290B notice number.
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...
MTR allows you to work. Usually an MTR is supposed to be filed within 33 days after you have recieved your denial. As soon as the USCIS recieves your MTR (which is your I290B form), they issue a notice number. This number allows you to work. The only time you are not technically allowed to work is the time since you recieved the denial notice till you recieve your I290B notice number.
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...
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mchundi
12-13 03:19 PM
yea this is correct. a member named united nations posted a detailed break down on immigration portal a few months back. This has been implemented by the DOS by suspending the AC21 rule of a variable cap and enforcing a hard cap of 7%. This was mentioned in the november or december 2005 bulletin.
From my perspective I think its a travesty that when the UCIS and the DOL has classified some of us as "exceptional" aliens, we can still not adjust our status because we were born in India or China while Mexicans with the same qualifications can. If the country limit is to avoid monopolization of numbers and enhance diversity...all categories for Mexico should be "U"
---post from immigration portal
indian_gc_ocean
Registered User Join Date: Jul 2006
Posts: 194
The following is from November 2005 visa bulletin published October 2005.
"During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply, and the amount of Employment numbers available to any single country will be subject to the 7% cap."
Well, now I realized it is not DOS but again its me who was not upto date with the trend. This means that India cannot go beyond its 7% using unused visas. In the same bulletin there is something that indicated that it allocated too many visas to India in the past. Most likely DOS does not take any action until ROW eb3, eb2 and eb1 are current. Now I have also understood why the perm is necessary at the this time for row. Perm helps row move faster thatway in the loooooong run helping India when all the row is current.
There will not be any spillover to any India categories in the near future. This is the reason why India eb2 went unavailable. EB1 will soon follow the case. Eventhough eb3 moves, it was like unavailable for a long time. 1400 greencards a year in each category (excluding spouses from this ordeal) is hardly enough for India. I doubt there would be any encouraging direction in future as India had consumed too many visas in the past years. This is sort of balancing act as far as DOS is concerned. Only a change of heart can save India.
This is really bad for India as most of the people applied for 485 after spending nearly many years in BEC (that itself a retrogression). With Philly clearing non-rir 2001 eb2 labors, can't wait to see october's eb2 retrogression dates.
I wouldn't care about where the overflow/spillover goes as it is not for India.
Atlast, the email from murthy.com about eb2 visas going unavailable did not surprise me. My parents named me right and I am an enlightened person now.
In the past it is not just where u came from but also where u r that determined ur fate. People living under some fast processing centers like illinois got their G.C very fast. Most of the 50k (Indians) odd G.C's in Employment category were with PD in 2003/2004.
Most of the guys back west in C.A and other slow states lost those 2001 PD when their Labors went nowhere and most changed jobs in 2002 due to the tech bubble.
USCIS has a strange way of dispensing justice. Suspending rules whenever they mess up. I would not be surprised if they wasted another 10-20k VISA numbers in the last year.
--MC
From my perspective I think its a travesty that when the UCIS and the DOL has classified some of us as "exceptional" aliens, we can still not adjust our status because we were born in India or China while Mexicans with the same qualifications can. If the country limit is to avoid monopolization of numbers and enhance diversity...all categories for Mexico should be "U"
---post from immigration portal
indian_gc_ocean
Registered User Join Date: Jul 2006
Posts: 194
The following is from November 2005 visa bulletin published October 2005.
"During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply, and the amount of Employment numbers available to any single country will be subject to the 7% cap."
Well, now I realized it is not DOS but again its me who was not upto date with the trend. This means that India cannot go beyond its 7% using unused visas. In the same bulletin there is something that indicated that it allocated too many visas to India in the past. Most likely DOS does not take any action until ROW eb3, eb2 and eb1 are current. Now I have also understood why the perm is necessary at the this time for row. Perm helps row move faster thatway in the loooooong run helping India when all the row is current.
There will not be any spillover to any India categories in the near future. This is the reason why India eb2 went unavailable. EB1 will soon follow the case. Eventhough eb3 moves, it was like unavailable for a long time. 1400 greencards a year in each category (excluding spouses from this ordeal) is hardly enough for India. I doubt there would be any encouraging direction in future as India had consumed too many visas in the past years. This is sort of balancing act as far as DOS is concerned. Only a change of heart can save India.
This is really bad for India as most of the people applied for 485 after spending nearly many years in BEC (that itself a retrogression). With Philly clearing non-rir 2001 eb2 labors, can't wait to see october's eb2 retrogression dates.
I wouldn't care about where the overflow/spillover goes as it is not for India.
Atlast, the email from murthy.com about eb2 visas going unavailable did not surprise me. My parents named me right and I am an enlightened person now.
In the past it is not just where u came from but also where u r that determined ur fate. People living under some fast processing centers like illinois got their G.C very fast. Most of the 50k (Indians) odd G.C's in Employment category were with PD in 2003/2004.
Most of the guys back west in C.A and other slow states lost those 2001 PD when their Labors went nowhere and most changed jobs in 2002 due to the tech bubble.
USCIS has a strange way of dispensing justice. Suspending rules whenever they mess up. I would not be surprised if they wasted another 10-20k VISA numbers in the last year.
--MC
more...
purgan
12-13 05:04 PM
As a precursor to abolishing labor substitution next year, USCIS is increasing its scrutiny of substituted labor. Also there is rampant fraud in labor substituions.
I was reading somewhere that USCIS rejection rate of labor sub is 85% higher than in orginal labor. That is a significant percentage, if you ask me. Make your own decision but be very wary of promises.
I was reading somewhere that USCIS rejection rate of labor sub is 85% higher than in orginal labor. That is a significant percentage, if you ask me. Make your own decision but be very wary of promises.
nkhari
07-19 10:30 AM
sorry..didn't know her visa appointment.
more...
songlan
09-14 10:17 PM
I couldn't agree with you more...
As long as you are able to do what you want to do in life, that is what really matters. I don't have children yet, so that's not my worry. My spouse is on her own H1 and I hold two jobs on concurrent H1s.
Between the 3 jobs, we make good money, own two houses in the US, one overseas and live a content life. That's our GC, the actual GC is nice to have but it doesn't bother us that much...I bet there are plenty of GC holders out there who haven't gotten as far as I have...in terms of working 2 jobs & owning 2 houses.
So the moral of the story is, GC or no GC, live a good life, be content and don't miss out on the fun...don't let the GC fever bring you down..
hm... So why are you here, in Immigrationvoice ???
As long as you are able to do what you want to do in life, that is what really matters. I don't have children yet, so that's not my worry. My spouse is on her own H1 and I hold two jobs on concurrent H1s.
Between the 3 jobs, we make good money, own two houses in the US, one overseas and live a content life. That's our GC, the actual GC is nice to have but it doesn't bother us that much...I bet there are plenty of GC holders out there who haven't gotten as far as I have...in terms of working 2 jobs & owning 2 houses.
So the moral of the story is, GC or no GC, live a good life, be content and don't miss out on the fun...don't let the GC fever bring you down..
hm... So why are you here, in Immigrationvoice ???
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mmj
04-20 02:50 PM
Thanks! Now we need 49,995 more :)
Just wrote to whitehouse and to my senator.
Just wrote to whitehouse and to my senator.
more...
xbohdpukc
12-03 02:42 PM
I think the most confusion is caused by our willingness to interpret the definition of discrimination too broadly. Let's see what exactly is done here when an employer refuses a visa sponsorship for a prospective employee.
I think no one on this forum will deny that an employment authorization H1b folks possess is limited in nature and valid only as long as the H1b recipient is working for the sponsoring employer. Should such an employee leave his sponsoring employer the employment authorization ceases to exist and a new employer must seek another employment authorization for his newly hired employee, a process commonly known as an H1b visa transfer.
According to the Workplace Fairness website the following stands true:
An employer should not ask about your citizenship status during a job interview. The employer can only notify you as a job applicant that, should a job be offered to you, you will be expected to provide evidence that you are legally entitled to work in the US within the first three days of starting work. The employer should say this to every job candidate, as saying this selectively may be illegal discrimination.
The only valid question during an interview or as a part of a pre-screen process could be "Are you authorized to work for any employer in this country?" This question will NOT constitute any discrimination, as per the law employers have to verify the work authorization status of all new hires by the way of I-9 form filing within 3 day period after employment commencement.
NO H1b person can answer YES to this question, therefore an employer has a right to refuse employment to any such applicant. Employer's willingness to apply for a visa transfer is a pure good will and no employer can be forced to do so under the current law.
As for the insurance, banking, etc., the decision to extend such services is always based on the risk assessment. You might argue that an H1b holder does not represent a greater risk for a US lender (insurer) than an ordinary US citizen. I am sure that all these insurance companies have their own studies somewhere which prove that people with no permanent status in the country represent a greater risk for their business, than those who possess such status. Providing that there are some stories about H1b workers who maxed out their credit lines, abandoned their houses and fled the country after being laid off, I do not think that any court in this country would side with non-immigrants on this matter.
But we can always keep complaining on here how badly treated and unprotected we are.
I think no one on this forum will deny that an employment authorization H1b folks possess is limited in nature and valid only as long as the H1b recipient is working for the sponsoring employer. Should such an employee leave his sponsoring employer the employment authorization ceases to exist and a new employer must seek another employment authorization for his newly hired employee, a process commonly known as an H1b visa transfer.
According to the Workplace Fairness website the following stands true:
An employer should not ask about your citizenship status during a job interview. The employer can only notify you as a job applicant that, should a job be offered to you, you will be expected to provide evidence that you are legally entitled to work in the US within the first three days of starting work. The employer should say this to every job candidate, as saying this selectively may be illegal discrimination.
The only valid question during an interview or as a part of a pre-screen process could be "Are you authorized to work for any employer in this country?" This question will NOT constitute any discrimination, as per the law employers have to verify the work authorization status of all new hires by the way of I-9 form filing within 3 day period after employment commencement.
NO H1b person can answer YES to this question, therefore an employer has a right to refuse employment to any such applicant. Employer's willingness to apply for a visa transfer is a pure good will and no employer can be forced to do so under the current law.
As for the insurance, banking, etc., the decision to extend such services is always based on the risk assessment. You might argue that an H1b holder does not represent a greater risk for a US lender (insurer) than an ordinary US citizen. I am sure that all these insurance companies have their own studies somewhere which prove that people with no permanent status in the country represent a greater risk for their business, than those who possess such status. Providing that there are some stories about H1b workers who maxed out their credit lines, abandoned their houses and fled the country after being laid off, I do not think that any court in this country would side with non-immigrants on this matter.
But we can always keep complaining on here how badly treated and unprotected we are.
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plassey
08-20 08:01 PM
Bottom line is that u got screwed. Labor is for a position with your employer. He may choose to give to anyone he wishes. Labor substitution thus was not illegal act on his part as it was permitted by the law.
I-140 is his stuff .
I-485 is ur stuff but in absence of I-140 it means nothing.
Your only case is if he has violated any of the H1 provisions.
I-140 is his stuff .
I-485 is ur stuff but in absence of I-140 it means nothing.
Your only case is if he has violated any of the H1 provisions.
more...
nogc_noproblem
08-26 12:57 PM
We have applied for our AP renewal on 05/09 at NSC. I have noticed online status change to our I131s today with the following message. Is this a RFE? if so, what could be the RFE for AP? Your help and input appreciated.
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Document mailed to applicant.
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Document mailed to applicant.
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Guig0
02-11 07:06 AM
:!: we have a tie! :stunned:
Cool =)
Cool =)
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nageshwarraoj
04-13 01:50 PM
Visa Bulletin is already there for May 07 and no changes and you are correct cut and paste except for Phillipines I think.
Nag
Nag
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maine_gc
08-22 02:04 PM
Unless there is a change in immigration laws it will be very true that you cannot apply for 485 in the next 5 years. To make something happen it is very important to attend DC Rally.
So folks who are reading this, notice the importance of the Rally and your presence at the rally.
I am really surprised. Why would it EB3 go back to 2001.
I have just applied for my labour. So I can apply for 485 only after 5/6 years?:mad:
So folks who are reading this, notice the importance of the Rally and your presence at the rally.
I am really surprised. Why would it EB3 go back to 2001.
I have just applied for my labour. So I can apply for 485 only after 5/6 years?:mad:
more...
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katewill
01-31 10:46 AM
Where is this from? $905 for I-485?
Form No. Current Fee Proposed Fee Difference
I-129 $190 $320 $130
I-131 $170 $305 $135
I-140 $195 $475 $280
I-485 $325 $905 $580
I-765 $180 $340 $160
Form No. Current Fee Proposed Fee Difference
I-129 $190 $320 $130
I-131 $170 $305 $135
I-140 $195 $475 $280
I-485 $325 $905 $580
I-765 $180 $340 $160
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wa_Saiprasad
07-04 09:29 PM
My company paid for attorney fees. I don�t know the amount for that. My wild guess would be 4000$
My pocket expense
$680 - medical tests
$75 - photographs
$50 - mailing fees.
$100 � Extra Day care expenses. My wife and I have wasted 2 working days for this filling, We had to work extra hours and week ends to compensate. Had to drop my kid at the day care extra hours when we were working extra hours.
My pocket expense
$680 - medical tests
$75 - photographs
$50 - mailing fees.
$100 � Extra Day care expenses. My wife and I have wasted 2 working days for this filling, We had to work extra hours and week ends to compensate. Had to drop my kid at the day care extra hours when we were working extra hours.
more...
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gsc999
08-15 02:13 PM
Guys, please take attorney advise before rushing in to refile. Duplicate applications may create problems for you later on.
Imagine, given the huge retrogression how many countless times we will be refiling our EADs ad APs if we don't act now.
Many people are blissfully enjoying the fruits of labor of some very dedicated IV member who selflessly participated in San Jose rally and flower campaign. These efforts were instrumental in the July visa bulletin reversal. Isn't it time we all stood up for our rights and make a strategic impact through a legislative change rather then just be satisfied with a tactical July visa bulletin reversal win?
I can't talk enough about how vital it is for you to act now. Presidential race will kick in after October/ November time frame. Our window of opportunity is short. Lets help ourselves!
Imagine, given the huge retrogression how many countless times we will be refiling our EADs ad APs if we don't act now.
Many people are blissfully enjoying the fruits of labor of some very dedicated IV member who selflessly participated in San Jose rally and flower campaign. These efforts were instrumental in the July visa bulletin reversal. Isn't it time we all stood up for our rights and make a strategic impact through a legislative change rather then just be satisfied with a tactical July visa bulletin reversal win?
I can't talk enough about how vital it is for you to act now. Presidential race will kick in after October/ November time frame. Our window of opportunity is short. Lets help ourselves!
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jonty_11
07-23 11:59 PM
^^^
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virtual55
04-01 06:18 PM
Just sent faxes 10 and 11.
I recommend sending an email to all members of IV as we have very less time to send faxes this time.
I recommend sending an email to all members of IV as we have very less time to send faxes this time.
jambapamba
08-10 11:46 AM
Perm filers hate LS guys as they went ahead of line...
Backlog guys hate Perm filers as they went ahead of line...
Eb3 guys hate EB3-EB2 conversion guys as they went ahead of line...
....and it goes on.
This shit never ends!!!:(
Strangely, everything is done within the scope of law!
Backlog guys hate Perm filers as they went ahead of line...
Eb3 guys hate EB3-EB2 conversion guys as they went ahead of line...
....and it goes on.
This shit never ends!!!:(
Strangely, everything is done within the scope of law!
nousername
11-19 05:04 PM
To begin with let me say that I have earned my masters from the US but still I'm not in favor of this idea simply because getting a masters from the US does in no way prove that US needs us more than others (in light of EB law), or we are any smarter or more capable than people who did masters or even under grad from their home country..
Besides this will further divide the community which as is divided.
Just my 2 cents.
Is this still an active topic? or its dead? Are there people with US Master - STEM who are willing to come forward?
I am just trying to gauge this? To me, looks perfect candidate for piece meal while waiting for CIR, justification could be same as 20K quota for H1b, keep US educated in the country and keep contributing to US economy & society. It has two benefits, a) direct to people who have US Master, b) there will xx less number of people in front of who don't qualify for this so their turn will come sooner.
any leads?
Besides this will further divide the community which as is divided.
Just my 2 cents.
Is this still an active topic? or its dead? Are there people with US Master - STEM who are willing to come forward?
I am just trying to gauge this? To me, looks perfect candidate for piece meal while waiting for CIR, justification could be same as 20K quota for H1b, keep US educated in the country and keep contributing to US economy & society. It has two benefits, a) direct to people who have US Master, b) there will xx less number of people in front of who don't qualify for this so their turn will come sooner.
any leads?
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