hindu_king
08-13 04:11 PM
Just wanted to see how many duplicate application USCIS will get this week.
- My lawyer wants to refile (with no addional lawyer fees). Does it make any sense to re-file?
- Is there a vote somewhere that shows how many july 2 files received receipt notices?
- My lawyer wants to refile (with no addional lawyer fees). Does it make any sense to re-file?
- Is there a vote somewhere that shows how many july 2 files received receipt notices?
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jsb
12-30 02:07 PM
I think the DHS-7001 form needs to be signed by the HR of your company.So I guess your company/lawyer will need to be involved.
No, that is not true. It has nothing to do with lawyers or the HR people. I-485 is YOUR filing (not of your employer's HR). By sending this you merely want to draw attention about something which you believe or hope should happen, and unless immediate attention is drawn you might suffer a loss (in this case, visas may be used up by others simply because someone did not care about your case, or just took the case to process and then went on long holiday etc. Such thing can happen and do happen particularly when paper files have to be worked with). Best...
No, that is not true. It has nothing to do with lawyers or the HR people. I-485 is YOUR filing (not of your employer's HR). By sending this you merely want to draw attention about something which you believe or hope should happen, and unless immediate attention is drawn you might suffer a loss (in this case, visas may be used up by others simply because someone did not care about your case, or just took the case to process and then went on long holiday etc. Such thing can happen and do happen particularly when paper files have to be worked with). Best...
akgind
07-14 04:44 PM
Thanks for the useful info. I hope this version goes through. :confused: I found the information regarding both the senate and house bills on AILA's website. From my understanding, they are going to attach this version of the bill...hopefully, without any changes. I'm keeping my fingers crossed. :)
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jfredr
08-22 11:15 AM
So basically no improvement which anyway we should not expect
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ram77
05-31 12:00 PM
Thanks for the post.
diptam
08-10 10:34 AM
You dont need to knock anyones door - I'll proactively go to anyone who used a "Labor Subs" and call them a Cheat because they have cheated someone else's Property and Dream.
Its gone but i'm personally a victim of that - My 1st Labor was traded in the Market for certain US dollars... The legislation was not there - otherwise i did have sufficient Proof and resources to take care of that cheat company.
How could you talk in support of a evil legacy system ? :mad:
No one knocked your door and and asked your personal opinion ....and no one cares for what you care ...
Its all these desi companies who misused LC ...... Thereare otherbig companie who just follow rules and do according to it. Being a senior member here, this is not expected of you .....
Its gone but i'm personally a victim of that - My 1st Labor was traded in the Market for certain US dollars... The legislation was not there - otherwise i did have sufficient Proof and resources to take care of that cheat company.
How could you talk in support of a evil legacy system ? :mad:
No one knocked your door and and asked your personal opinion ....and no one cares for what you care ...
Its all these desi companies who misused LC ...... Thereare otherbig companie who just follow rules and do according to it. Being a senior member here, this is not expected of you .....
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kaisersose
08-24 10:55 AM
Can you vote as a GC applicant or even a permanent resident? NO
You would think you could influence the Americans to support your cause and vote accordingly in the elections. FORGET IT!! Let alone the 2nd, 3rd, 4th.......17th generation American citizens, even the recently naturalized immigrants don't give a crap about us immigrants. The media and the politicians just have a field time with the immigrants (both legal and illegal) and some ignorant and dumb Americans (who don't usually vote) who get easily carried away by the emotions played both for and against immigration.
The serious voters (this has been established by several polls) however, are quite aware that immigrants are not given relief and naturalized overnight and are obviously confident that it could take around 20 years for any immigrant to get naturalized. The issues for these serious voters are: Iraq war, economy (the dwindling housing market?), globalization, gay marriage, abortion, and imports from China.
I wish good luck for IV and all those participating at the DC rally. NO, I can't make it, I am sorry.
A very pessimistic and inaccurate outlook.
If this was indeed true, there would have been no Ac21 act back in 2000. No PERM system would have been created to replace the cranky RIR system. The July 2007 visa bulletin would not have been reversed. Just look back at the last 10 years and see how many changes have happened in the system. Believe me, if apathy was their attitude, they would not have implemented any of the above and their inaction would not have impacted them in any way.
Having said that, I must also caution some over-enthusiastic people who believe a walk in DC will solve all their immigration problems. We all certainly hope something will happen, but we should not be distraught if nothing happens. We just need to keep pushing instead of talking on a defeatist attitude due to setting wrong expectations out of one single rally.
You would think you could influence the Americans to support your cause and vote accordingly in the elections. FORGET IT!! Let alone the 2nd, 3rd, 4th.......17th generation American citizens, even the recently naturalized immigrants don't give a crap about us immigrants. The media and the politicians just have a field time with the immigrants (both legal and illegal) and some ignorant and dumb Americans (who don't usually vote) who get easily carried away by the emotions played both for and against immigration.
The serious voters (this has been established by several polls) however, are quite aware that immigrants are not given relief and naturalized overnight and are obviously confident that it could take around 20 years for any immigrant to get naturalized. The issues for these serious voters are: Iraq war, economy (the dwindling housing market?), globalization, gay marriage, abortion, and imports from China.
I wish good luck for IV and all those participating at the DC rally. NO, I can't make it, I am sorry.
A very pessimistic and inaccurate outlook.
If this was indeed true, there would have been no Ac21 act back in 2000. No PERM system would have been created to replace the cranky RIR system. The July 2007 visa bulletin would not have been reversed. Just look back at the last 10 years and see how many changes have happened in the system. Believe me, if apathy was their attitude, they would not have implemented any of the above and their inaction would not have impacted them in any way.
Having said that, I must also caution some over-enthusiastic people who believe a walk in DC will solve all their immigration problems. We all certainly hope something will happen, but we should not be distraught if nothing happens. We just need to keep pushing instead of talking on a defeatist attitude due to setting wrong expectations out of one single rally.
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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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WeShallOvercome
09-10 11:46 AM
This is what I got from 4 separate lawyers when I was invoking AC-21. I think everybody should speak to a lawyer before invoking AC-21.
A lot of people out there think that after getting EAD one can invoke AC-21 to change to any job at any employer. This is not true. AC-21 is pretty complicated and I think that in the future, if there is no change in the law, a lot of 485 applications will be pending for 6-8 years or more. And for the duration of this period, a lot of people will invoke AC-21. I also think that the rate for rejection for number of AC-21 cases at USCIS will be higher. Nobody told me about the approximate wait time and rejection rate. It is just what I think based upon the developing situation.
Sanju,
Is there any basis your thoughts are coming from? And what is the 'deveoping situation' you mentioned that would lead to an increased rate of rejection for AC21 cases.
I personally don't see anything like that provided you have completed 6 months AND your new job description is similar to the old one.
An increase in number of people invoking it should actually make AC21 a common and very popular choice and that should lead to low rate of denials as more and more officers will now be aware of the law ---(Again assuming you keep those 2 conditions in mind)
A lot of people out there think that after getting EAD one can invoke AC-21 to change to any job at any employer. This is not true. AC-21 is pretty complicated and I think that in the future, if there is no change in the law, a lot of 485 applications will be pending for 6-8 years or more. And for the duration of this period, a lot of people will invoke AC-21. I also think that the rate for rejection for number of AC-21 cases at USCIS will be higher. Nobody told me about the approximate wait time and rejection rate. It is just what I think based upon the developing situation.
Sanju,
Is there any basis your thoughts are coming from? And what is the 'deveoping situation' you mentioned that would lead to an increased rate of rejection for AC21 cases.
I personally don't see anything like that provided you have completed 6 months AND your new job description is similar to the old one.
An increase in number of people invoking it should actually make AC21 a common and very popular choice and that should lead to low rate of denials as more and more officers will now be aware of the law ---(Again assuming you keep those 2 conditions in mind)
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sidm
04-10 07:55 AM
And what makes you think that software consultancies cannot be run without H1-B visas?
Lol, they can.....and they'll charge like $200/hr for everything w/o H-1s willing to be relocated at moments notice.....the industry can't afford to pay someone higher just because they are 'American' if it is not profitable for them......leads back to the original point....
Lol, they can.....and they'll charge like $200/hr for everything w/o H-1s willing to be relocated at moments notice.....the industry can't afford to pay someone higher just because they are 'American' if it is not profitable for them......leads back to the original point....
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chanduv23
03-26 11:49 AM
Have they mentioned it on their website? Usually DMVs like CT etc.. mention on website that they need a Employment verification letter, as a matter of fact, they don't even accept paystubs they just want employment verification letter.
Folks - my advice is : Please do not argue with the department. Ask them to post their new requirement on their website so that you don't go there and get disappointed.
Folks - my advice is : Please do not argue with the department. Ask them to post their new requirement on their website so that you don't go there and get disappointed.
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asindu
07-14 09:07 PM
Please dont talk BS if you do not even know who i am...i'm a member of this group since the start!!! So you have no right to say stuff you don't even know..i'm really tired of people being selfish and not caring about kids who do age out. Some children need this because they do become illegal, like myslef eventhough we we're legal...it doesnt harm you guys...so please help the dream act effort!!!
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apb
09-01 05:06 AM
Is it possible to have a door to door campaign in apartment complexes and educating Indian/Chinese/Philippine population around DC area. Or maybe a group of 2-3 volunteers standing in ethinic groceries/eateries and educating our community of what we are trying to do and why we need their support and how it will benefit all of us. I know it is easy to say this but if we need people to be motivated we need along with this HIGH TECH... we need some personal touch. People will come if people see people going. I mean SEEING. Maybe these writings and commonsense things dicussed here inspires/motivates us but a majority need a push/nudge in person. Hope we could arrange for volunteers around DC area (driving distance to DC) and rally up more numbers.
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gk_2000
08-02 04:18 PM
I may have lost it there for a bit, I agree. Obviously you are obsessed with me to the point of ignoring my main points and attacking me for the minor ones. If you read the thread, iskantem and I continued our conversation after that.
My points again :
1. The diversity argument is flawed when it comes to skilled immigration, especially when we have most of the grad schools here filled with Indian/Chinese students. This is what I was explaining to "iskantem" and why especially when you are talking about less than 0.05% of the population it doesn't make sense.
2. We don't even allow anyone over here to have an alternate opinion on an issue. In terms of IV activity, it is almost 100% Indian. However 60% of the EB3 backlog is not from India! Now why don't we see these 70000+ ROW guys participating here I wonder! Let me tell you why. Its because a lot of us actively discourage them from participating whenever they have an opinion contrary to ours (read India). Now I maybe guilty of losing it a little there, but I still made an effort to reach out and explain the flaw in the diversity issue he was mentioning rather than mount an all out attack/ignore him right away/stick my head in the ground.
Well, of course since you are so obsessed with me and also with getting reds (if you notice I didn't give you any) you may have missed them. Happy that you got me? And happy you didn't get reds? Good, enjoy your day. Please let's get back to the issues now. Peace.
LOL. I got "snookered" there. But to my credit, I didn't vent a red on you either.
For the record, I don't mind the red's I "earn". But as you also observed, you get that for free around here by the dozen. And I can't ignore it when people act childishly
There is no doubt the policies are flawed, foolish or whatever. But I maintain that screaming out to another person/s in a forum is of little good. Agreed that your arguments have weight, but they should be made to the right person at the right time. So let's wait for the next letter-writing event and we can participate in writing the draft..
My points again :
1. The diversity argument is flawed when it comes to skilled immigration, especially when we have most of the grad schools here filled with Indian/Chinese students. This is what I was explaining to "iskantem" and why especially when you are talking about less than 0.05% of the population it doesn't make sense.
2. We don't even allow anyone over here to have an alternate opinion on an issue. In terms of IV activity, it is almost 100% Indian. However 60% of the EB3 backlog is not from India! Now why don't we see these 70000+ ROW guys participating here I wonder! Let me tell you why. Its because a lot of us actively discourage them from participating whenever they have an opinion contrary to ours (read India). Now I maybe guilty of losing it a little there, but I still made an effort to reach out and explain the flaw in the diversity issue he was mentioning rather than mount an all out attack/ignore him right away/stick my head in the ground.
Well, of course since you are so obsessed with me and also with getting reds (if you notice I didn't give you any) you may have missed them. Happy that you got me? And happy you didn't get reds? Good, enjoy your day. Please let's get back to the issues now. Peace.
LOL. I got "snookered" there. But to my credit, I didn't vent a red on you either.
For the record, I don't mind the red's I "earn". But as you also observed, you get that for free around here by the dozen. And I can't ignore it when people act childishly
There is no doubt the policies are flawed, foolish or whatever. But I maintain that screaming out to another person/s in a forum is of little good. Agreed that your arguments have weight, but they should be made to the right person at the right time. So let's wait for the next letter-writing event and we can participate in writing the draft..
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pictures (Image Source:Hilary Duff
karthiknv143
05-15 12:30 AM
I think this has a better chance than rest of other EB bills, because US wants more skilled persons and by defintion advanced degree holders from US in STEM are. Congress extended 20,000 H1 visa for US masters and PhD graduates some years ago whereas they were and are loathe to extend the total H1 numbers.
Going by this logic, I think this bill will go farther and gain traction. Lets's keep our fingers crossed.:)
In one stroke, this bill helps both a) US advanced degree graduates and b)non US graduates (i.e, EB applicants), as 1) it puts EB1 and EB2 in non quota category (I,C,P,M and ROW) and 2) frees up EB1 and EB2 numbers for EB3.
my 2 cents.
How many ever bills get introduced or hearings happen, there is the CHC which is blocking everything. Lets start a email/fax/phone campaign...
Going by this logic, I think this bill will go farther and gain traction. Lets's keep our fingers crossed.:)
In one stroke, this bill helps both a) US advanced degree graduates and b)non US graduates (i.e, EB applicants), as 1) it puts EB1 and EB2 in non quota category (I,C,P,M and ROW) and 2) frees up EB1 and EB2 numbers for EB3.
my 2 cents.
How many ever bills get introduced or hearings happen, there is the CHC which is blocking everything. Lets start a email/fax/phone campaign...
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rustamehind
07-19 10:08 AM
My spouse is landing here on Aug 15. That leaves only one day to get medicals done. Any suggestions on how to handle this ? Can she skip skin test and take X-rays directly ?
For skin PPD test , you have to go back to Doctor after 24-72 hours to show the reaction.If nothing comes up its good , but incase you are positive then you will have to go for XRay , so obviously you need to plan for more than 1 day.
For skin PPD test , you have to go back to Doctor after 24-72 hours to show the reaction.If nothing comes up its good , but incase you are positive then you will have to go for XRay , so obviously you need to plan for more than 1 day.
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masala dosa
04-01 03:16 PM
Isnt no one reading this post?
only three Cos so far?
Shrey, please send me the plan for presentation .
Cheers mates
only three Cos so far?
Shrey, please send me the plan for presentation .
Cheers mates
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nozerd
12-24 09:59 PM
Pappu it is sad situation. I know of one Junior who I myself hired for the job and who is 4 yrs my Junior and reports to me get green card because he is EB3 but not India/China
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snathan
06-18 12:40 PM
Guys...thanks for the support. But we need to find out and bring people who are suffered due to this. Once we get enough stories, I can create a draft. Along with these stories we can send the letter and start the campaign. So please spread this to everyone you know.
msekhargc
12-03 05:30 PM
Hi,
You need to submit a new education evaluation.
I had also received an RFE.
An acceptable evaluation must:
1) consider formal eduction only
2) state if collegiate eduction is post-secondary education (i.e did appicant complete the US equivalant high school before entering college)
3) provide detailed explanation of material provided
For EB2 degree.. even if your labor states only Masters degree is required you need to prove that minimum education required for master's degree is Bachelors degree and a minimum requirement for Bachelors degree is your 10 + 2 high school education. Please contact thedegreepeople.com (sheila), they helped me in getting my I-140 approved.
Thanks
You need to submit a new education evaluation.
I had also received an RFE.
An acceptable evaluation must:
1) consider formal eduction only
2) state if collegiate eduction is post-secondary education (i.e did appicant complete the US equivalant high school before entering college)
3) provide detailed explanation of material provided
For EB2 degree.. even if your labor states only Masters degree is required you need to prove that minimum education required for master's degree is Bachelors degree and a minimum requirement for Bachelors degree is your 10 + 2 high school education. Please contact thedegreepeople.com (sheila), they helped me in getting my I-140 approved.
Thanks
vivid_bharti
04-28 07:48 AM
not "most"!! only few have a wait of 3-4 years, most have a wait of over a decade....the numbers of applications pending at AOS stage at USCIS is scaryLook at the number of people who posted messages to this thread .... even if you say 4 times that number of people posted messages to WhiteHouse.gov it is no where close to the numbers we need .... Lets not kid ourselves - Unless there is a miracle - most of us are looking at aleast another 3-4 year wait :(
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