chanduv23
11-17 02:26 PM
Pardon my ignorance, but is this something we can ask clarification from CIS Ombudsman? Its real confusing:confused:
Some updates: I talked to two different lawyers and both advised differently on this issue. In fact I got the impression that one of them didn't have much clue as much as some experienced IV members have. (He said if job titles are different than you have issues...) There are many people hanging on to their current employer due to confusion on this issue and potential effect on pending GC.
and the great question continues to haunt: can a person keep working legally on EAD status if his/hers I-485 gets revoked in error by CIS? or he will be forced to resign from a new job when his MTR is being filed or in progress??? This is really killing me. Who has the answer? if anyone knows, please please share!
lazycis, chanduv - anyone to comment on above new information???
My blog was based on Attorney Rajiv Khanna's interpretation. We need to definitely nail this out. Any experts?
Some updates: I talked to two different lawyers and both advised differently on this issue. In fact I got the impression that one of them didn't have much clue as much as some experienced IV members have. (He said if job titles are different than you have issues...) There are many people hanging on to their current employer due to confusion on this issue and potential effect on pending GC.
and the great question continues to haunt: can a person keep working legally on EAD status if his/hers I-485 gets revoked in error by CIS? or he will be forced to resign from a new job when his MTR is being filed or in progress??? This is really killing me. Who has the answer? if anyone knows, please please share!
lazycis, chanduv - anyone to comment on above new information???
My blog was based on Attorney Rajiv Khanna's interpretation. We need to definitely nail this out. Any experts?
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Sachin_Stock
08-23 09:49 AM
Does it mean the eligibility criteria/job requirement for EB2 is changed from Bachelors + 5 years of experience to Bachelors + 10 years of experience?
Read the definition of EB-2, and its sub-classification for Advanced Degree, Exception abilities and National Interest Waiver.
Read the definition of EB-2, and its sub-classification for Advanced Degree, Exception abilities and National Interest Waiver.
Milind123
09-12 11:18 AM
Thankyou satyachowdary and sameold.
All, please remember my intention is to motivate the people who never contributed and who start
a $50 monthly contribution at least for six months. Also don't forget to PM me when you
start your monthly contibution.
Anyway good start. satyachowdary and sameold please consider monthly contributions.
Here are my details
Order Details - Sep 12, 2007 11:34 AM EDT
Google Order #365470411117583
Sorry forgot to mention the amount of $100.
All, please remember my intention is to motivate the people who never contributed and who start
a $50 monthly contribution at least for six months. Also don't forget to PM me when you
start your monthly contibution.
Anyway good start. satyachowdary and sameold please consider monthly contributions.
Here are my details
Order Details - Sep 12, 2007 11:34 AM EDT
Google Order #365470411117583
Sorry forgot to mention the amount of $100.
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panky72
06-25 04:08 PM
Loosing my investments
Since I am sure that my GC will take 5 to 10 years more. Meanwhile too many things will change that might make me go back home. So I decided to invest in home(India). I sold lot of stocks. Stopped contributing to 401K above employers match (I used to contribute full 15K). Deferred buying house until my 140 approved.
I am at a life stage where I have enough experience and tendency to take risks (married but no kids etc...). If I have flexibility of not working, I want to invest my time in a small startup. Working/investing a start-up means I might go out of status anytime. So I decided not to try any of those. Its a loss for me as well as for economy. If I accumulate enough money I might go home and try to do something like startup or small business. It would be good for US and me if they let me do it here.
In essence I am loosing the oppurtunity and by restricting my career US is loosing an oppurtunity to create more jobs.
Why is loosing such a loosely used word?. Guys, it is losing not loosing. Lose and loose have different meanings.
One more guy who is "loosing" things:D
Since I am sure that my GC will take 5 to 10 years more. Meanwhile too many things will change that might make me go back home. So I decided to invest in home(India). I sold lot of stocks. Stopped contributing to 401K above employers match (I used to contribute full 15K). Deferred buying house until my 140 approved.
I am at a life stage where I have enough experience and tendency to take risks (married but no kids etc...). If I have flexibility of not working, I want to invest my time in a small startup. Working/investing a start-up means I might go out of status anytime. So I decided not to try any of those. Its a loss for me as well as for economy. If I accumulate enough money I might go home and try to do something like startup or small business. It would be good for US and me if they let me do it here.
In essence I am loosing the oppurtunity and by restricting my career US is loosing an oppurtunity to create more jobs.
Why is loosing such a loosely used word?. Guys, it is losing not loosing. Lose and loose have different meanings.
One more guy who is "loosing" things:D
more...
new_horizon
03-12 01:16 PM
I fully support this donor forum. there should be some incentive for members who donate. they are not doing it because they have lots of money to spare, but they sacrifice because they believe in this cause. I don't think $25 is going to break anyone's bank. Just sacrifice something that you consume/enjoy every week, and donate that.
It's a pity that even with about 25K members, we cannot raise a minimal amount. People need to realize they cannot simply enjoy the benefits of someone else's labor.
It's a pity that even with about 25K members, we cannot raise a minimal amount. People need to realize they cannot simply enjoy the benefits of someone else's labor.
snathan
02-08 02:08 PM
Stop sending money to parents and in-laws, if its possible. Otherwise, maintain parity by sending money in small amounts to both parents. Its stupid to say my wife is not working so she has no business to send money to her parents. Its so wrong and I'm surprised folks can think like this. Marriage is about sharing and even a child will tell you that. If the in-laws are any sensible they won't accept gifts from the son-in-law but its for them to decide.And stop receiving any gifts from either sides.
I don�t agree with this point. If I am doing something and taking care of my parents its my duty. it does not mean my wife also have to do tit-for-tat. It depends on the situation and circumstance. If she is the only daughter, her family situation is bad then we can think about it.
In this case, when her two other sisters and specially her brother also in the US, I don�t see the reason to support the in-laws. If you make more than enough it�s different. But when you are struggling to make your ends meet...I don�t support your point on this.
I don�t agree with this point. If I am doing something and taking care of my parents its my duty. it does not mean my wife also have to do tit-for-tat. It depends on the situation and circumstance. If she is the only daughter, her family situation is bad then we can think about it.
In this case, when her two other sisters and specially her brother also in the US, I don�t see the reason to support the in-laws. If you make more than enough it�s different. But when you are struggling to make your ends meet...I don�t support your point on this.
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pappu
02-09 08:40 PM
Thanks Pappu. I have scheduled next conf call for Friday, 2/9 at 7.00 PM PST. Call 641-297-5900 PassCode 562404. Would you care to join?
I am joining.
I am joining.
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gc_on_demand
04-30 03:11 PM
When this will end ? and will they put recording or transcript ?
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vk_vkumar
07-15 03:14 PM
The following memo from DOS to CIS says it all:
July 2, 2007
TO : CIS Section 245 ADJUDICATIONS
FROM : Immigrant Visa Control
SUBJECT : Authorizations for Employment CASES
Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available. Employment preference numbers will once again be available to these chargeability areas beginning October 1, 2007, under the FY-2008 annual numerical limitation.
The above action is a direct result of the sudden backlog reduction efforts of CIS offices during June and the first few days of July. During this short time period over 60,000 requests have been received and authorized. This is in comparison to the 66,425 CIS requests which were authorized during the first eight months of the fiscal year.
Please be sure that this information is passed to all personnel involved in the process of obtaining visa authorizations from the Visa Office for Section 245 cases
July 2, 2007
TO : CIS Section 245 ADJUDICATIONS
FROM : Immigrant Visa Control
SUBJECT : Authorizations for Employment CASES
Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available. Employment preference numbers will once again be available to these chargeability areas beginning October 1, 2007, under the FY-2008 annual numerical limitation.
The above action is a direct result of the sudden backlog reduction efforts of CIS offices during June and the first few days of July. During this short time period over 60,000 requests have been received and authorized. This is in comparison to the 66,425 CIS requests which were authorized during the first eight months of the fiscal year.
Please be sure that this information is passed to all personnel involved in the process of obtaining visa authorizations from the Visa Office for Section 245 cases
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Macaca
01-06 11:18 AM
Vivek Wadhwa Bio (http://www.soc.duke.edu/GlobalEngineering/project_facultystaff.html)
Vivek Wadhwa is an Executive in Residence/Adjunct Professor for the Pratt School of Engineering at Duke University and a Wertheim Fellow at the Labor and Worklife Program at the Harvard Law School.
He is also a technology entrepreneur and a columnist for BusinessWeek.com. Wadhwa was named a "Leader of Tomorrow" by Forbes.com, and his company Relativity Technologies was named as one of the 25 "coolest" companies in the world by Fortune Magazine.
Mr. Wadhwa holds a B.A. in Computing Studies from the Canberra University in Australia and an MBA from New York University.
Vivek Wadhwa is an Executive in Residence/Adjunct Professor for the Pratt School of Engineering at Duke University and a Wertheim Fellow at the Labor and Worklife Program at the Harvard Law School.
He is also a technology entrepreneur and a columnist for BusinessWeek.com. Wadhwa was named a "Leader of Tomorrow" by Forbes.com, and his company Relativity Technologies was named as one of the 25 "coolest" companies in the world by Fortune Magazine.
Mr. Wadhwa holds a B.A. in Computing Studies from the Canberra University in Australia and an MBA from New York University.
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gaz
09-12 12:01 PM
how about sending balloons with a message on it?
the balloon would represent our dreams and each passing day of inaction on the part of uscis lets the air out of them
inflated balloons would be visible also when the delivery arrives
the balloon would represent our dreams and each passing day of inaction on the part of uscis lets the air out of them
inflated balloons would be visible also when the delivery arrives
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arihant
08-08 02:38 PM
After reading the op-ed by Pankaj, I had the following questions: Has the SKIL bill already passed the Senate? I know it is included as part of CIR. But, what happens if CIR gets thrown out?
more...
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abhishek101
09-08 11:38 AM
Similar law exists in UK if you are on workpermit for 5 years you automatically get Permanent residency.
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vsk74
01-05 12:54 PM
Hi,
I applied for labor certification in Dec2004 .I got a 45 day letter 6 months back.My application in Philadelphia back log center.When i am seeing the status it is showing IN PROCESS.Can anyone tell me what will be the time frame after receiving 45 day letter.Intially i applied from FLORIDA.Can anyone tell me wat is current processing time.
I applied for labor certification in Dec2004 .I got a 45 day letter 6 months back.My application in Philadelphia back log center.When i am seeing the status it is showing IN PROCESS.Can anyone tell me what will be the time frame after receiving 45 day letter.Intially i applied from FLORIDA.Can anyone tell me wat is current processing time.
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santb1975
05-22 03:12 PM
This thread is mostly being bumped without contributions today :confused:
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sareesh
09-13 01:39 PM
where you promoted for EB2 ?
thanks,
SG.
thanks,
SG.
more...
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B0ka
03-13 11:02 AM
I am a bit curious. How did you manage to stay in same company for 7 years. Or did you do labor transfer or changed company using EAD/AP.
Surprisingly, I have been with my employer since 2000. With all the economic issues going on in 2000/2001 it took us 2 years to file my labor.
Surprisingly, I have been with my employer since 2000. With all the economic issues going on in 2000/2001 it took us 2 years to file my labor.
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Ramba
10-21 04:07 PM
How can USCIS can judge the legitimacy of the intent of the applicant - it can be very subjective and depend a lot on the way visa officer interprets. For example how long after six months is considered a "long wait"?
There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.
It is tricky. The intent can be proved only by how long the employee has worked for sponsor. If he/she worked considerable period (lets say for 2-3 years in non-immigrant visa (H.L,E) before filing 485 and worked for about 1 year after filing 485) then, it is very easy for the employee to prove his/her intent to have a permanent employment relationship with sponser, if employer try to revoke 140 based on the fact that employee does not have intent. The longivity of the employment relationship with sponser is a great proof. Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.
One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.
Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.
It is tricky. The intent can be proved only by how long the employee has worked for sponsor. If he/she worked considerable period (lets say for 2-3 years in non-immigrant visa (H.L,E) before filing 485 and worked for about 1 year after filing 485) then, it is very easy for the employee to prove his/her intent to have a permanent employment relationship with sponser, if employer try to revoke 140 based on the fact that employee does not have intent. The longivity of the employment relationship with sponser is a great proof. Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.
One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.
Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
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Guest007
06-29 02:43 PM
I'm really hoping they'll catch up and we won't have to wait 4 months. My 6th year H1 is expiring this December and I need to get the I-140 approved so I can get H1 extension.
You dont need a approved 140 for filing H1 extension for 7th year.. Only advantage with approved 140 is you will get 3 yr extension instead of 1.
All you need for H1 extension for 7th year is that a labor cert be filed at starting of 6th year.
You dont need a approved 140 for filing H1 extension for 7th year.. Only advantage with approved 140 is you will get 3 yr extension instead of 1.
All you need for H1 extension for 7th year is that a labor cert be filed at starting of 6th year.
harivenkat
05-06 06:16 PM
Called all senators some of them twice and talked to their staff
asking to support highly skilled worker immigration atleast some piecemeal.. also explained them our plight ... 10yrs still no GC
Everybody please call senators and make a difference
asking to support highly skilled worker immigration atleast some piecemeal.. also explained them our plight ... 10yrs still no GC
Everybody please call senators and make a difference
chanduv23
11-20 08:54 PM
I can understand attorney's thinking: H1B is good to have. If there is no reason for its revocation (i.e applicant is still working for H1 sponsor), then there is some level of protection for you. Another aspect is a legal status. While EAD gives you an opportunity to continue work legally if I-485 is denied, it does not protect your legal status (accumulate more than 180 days of unlawful presence and you lose eligibility to adjust status and are a subject to re-entry ban). Having H1B gives you a protection in this case. But if H1B is revoked, I-485 is denied and a person does not have EAD, then there is no escape. It's nice to have both, but maintaining EAD should be the priority.
Typically, if someone is doing a AC21 jump + H1b transfer, it means that the h1b gets transferred to the new employer and the new employer is the h1b petitioner. If the h1b is based on an approved 140 - the beneficiary gets it for 3 years and unless the person is completing his 3 years with the new employer when the 140 revoke happens, the h1b is still valid unless the new employer decides he will cancel it or the person is layed off and thats when the person is in deep trouble because he/she does not have EAD. Correct me if I am wrong. H1b revocation by ex employer may not affect the candidate because candidate already did a transfer
Typically, if someone is doing a AC21 jump + H1b transfer, it means that the h1b gets transferred to the new employer and the new employer is the h1b petitioner. If the h1b is based on an approved 140 - the beneficiary gets it for 3 years and unless the person is completing his 3 years with the new employer when the 140 revoke happens, the h1b is still valid unless the new employer decides he will cancel it or the person is layed off and thats when the person is in deep trouble because he/she does not have EAD. Correct me if I am wrong. H1b revocation by ex employer may not affect the candidate because candidate already did a transfer
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