nk2006
10-21 05:24 PM
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.
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.
Thanks Ramba for your insights.
Whatever the reasons - its apparent USCIS is not following the AC21 regulations and it is not fair. I believe, AC21 regulations are made with an objective of improving immigration rules for 21st century (and thus the name American Competetiveness for 21st century) and provide some mobility for the applicants while their GC applications are pending. The delay in application processing is still relevant (actually its more severe) - irrespective of whether its caused by processing or because of lack of visa numbers. AC21 regulations never mentioned about the origin of delay or the longivity of applicant with original company. Changing interpretation of a rule they made, that too without notice is unfair and maybe even unlawful.
So far I was thinking that its a case of misinformed IO rejecting I485 once they see a I140 revocation. But rejecting MTR on the grounds that employee has left the company on his/her own and so does not have intent of continuing in the job is just plain twisting of their own rules. And we need a much bigger effort - if its a case of a few misinformed USCIS employees incorrectly rejecting I485 - then it could have been fixed with a low key effort that we are doing. We are seeing more rejections based on unknown "interpretations" - and even MTR getting rejected - it kind of gives a feeling that they have a bigger agenda here and we need to fight on a bigger scale.
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.
Thanks Ramba for your insights.
Whatever the reasons - its apparent USCIS is not following the AC21 regulations and it is not fair. I believe, AC21 regulations are made with an objective of improving immigration rules for 21st century (and thus the name American Competetiveness for 21st century) and provide some mobility for the applicants while their GC applications are pending. The delay in application processing is still relevant (actually its more severe) - irrespective of whether its caused by processing or because of lack of visa numbers. AC21 regulations never mentioned about the origin of delay or the longivity of applicant with original company. Changing interpretation of a rule they made, that too without notice is unfair and maybe even unlawful.
So far I was thinking that its a case of misinformed IO rejecting I485 once they see a I140 revocation. But rejecting MTR on the grounds that employee has left the company on his/her own and so does not have intent of continuing in the job is just plain twisting of their own rules. And we need a much bigger effort - if its a case of a few misinformed USCIS employees incorrectly rejecting I485 - then it could have been fixed with a low key effort that we are doing. We are seeing more rejections based on unknown "interpretations" - and even MTR getting rejected - it kind of gives a feeling that they have a bigger agenda here and we need to fight on a bigger scale.
wallpaper Robert Pattinson and Amanda
perm
07-20 04:09 PM
this is not over
2. Durbin was the man again...that derailed us.
can't expect anything better from him. i had sent an fax to him for some drive and he replied back with his propanganda of no child left behind of something like that.
2. Durbin was the man again...that derailed us.
can't expect anything better from him. i had sent an fax to him for some drive and he replied back with his propanganda of no child left behind of something like that.
santb1975
06-17 03:14 PM
Wandmaker and Green.Tech - Thankyou for your leadership towards this funding drive
2011 Robert Pattinson Twilight star
test101
07-06 05:46 PM
Ok here I go again in this Chicken and Egg situation......
Now that someone filed a lawsuit to invalidate the July VB, which BTW is still CURRENT.......it could invalidate the CURRENT sttatus....of all Eb categories....precisely what DOS USCIS wants....
My head is spinning.......Beer anyone?
join the club...news make no sence at all.
Now that someone filed a lawsuit to invalidate the July VB, which BTW is still CURRENT.......it could invalidate the CURRENT sttatus....of all Eb categories....precisely what DOS USCIS wants....
My head is spinning.......Beer anyone?
join the club...news make no sence at all.
more...
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.
GCwaitforever
05-01 02:21 PM
We pay tons of fees to USCIS and wait for more than six years for GC and yet some shitty senator who does not know anything about immigration comes and rattles on stage.
The hearing should have started with the Ombudsman reports as a basis. Then the hearing should have asked USCIS for solid data like -
How many applicants from year 2001-2007 are pending? In what year, category, country? (to show the trends of backlogs)
How much percentage of applications were processed on annual basis compared to the limit? What is the inflow and the outflow?
What are the customer satisfaction levels for USCIS?
The hearing should have started with the Ombudsman reports as a basis. Then the hearing should have asked USCIS for solid data like -
How many applicants from year 2001-2007 are pending? In what year, category, country? (to show the trends of backlogs)
How much percentage of applications were processed on annual basis compared to the limit? What is the inflow and the outflow?
What are the customer satisfaction levels for USCIS?
more...
aj1234567
07-05 07:34 PM
Hi Folks-
We (5 People) work for IBM company, SFO, today we went personally to the congress men and we submit the letter which is provided in this forum and after that we called state senator office and we explained about our problem. We faxed and email the letter to the senator office, staff had taken my contact details and they told me that they will inform the solution in 2days.
Thx
Aj
We (5 People) work for IBM company, SFO, today we went personally to the congress men and we submit the letter which is provided in this forum and after that we called state senator office and we explained about our problem. We faxed and email the letter to the senator office, staff had taken my contact details and they told me that they will inform the solution in 2days.
Thx
Aj
2010 The red carpet, long stem
skdskd
09-13 07:38 PM
yes, I did earlier this week :-)... You can anything GC can do in EAD....
sent pm to you
sent pm to you
more...
kinvin
03-09 10:07 AM
Thank You indio0617 for the upto the minute responses.
hair The red carpet was filled with
santb1975
06-19 01:10 PM
With the economy turning out the way it is I wonder when we will get our next opportunity to bring our issues to Lawmakers notice and ask them to work on our issues. We need to speak up now and we need $$ to fund our organization. I was talking to my mentor syesterday and he is on the board of directors of an organization. He was mentioning to me that if people are losing Jobs, not able to pay their mortgages and struggling to pay for gas and food all other issues will be put on the back burner and the focus on immigration related issues might go down. I am still trying to sink that into my head
more...
nk2006
07-06 01:10 PM
He is trying to spin a news and get a answer of his comfort. Guyz never stop :)
The way DOS/USCIS behaved last couple weeks anything is possilbe - now its very easy to spin news. If someone comes here and says USCIS will not accept any applications for next two years - many of us might think "logically" and suspect the news - but last week proved that logic and USCIS/DOS dont go together.
Anything is possible with is freaking idiotic dumbass orgnanization. Now I can feel a bit better - at least for next 30 mts. :)
The way DOS/USCIS behaved last couple weeks anything is possilbe - now its very easy to spin news. If someone comes here and says USCIS will not accept any applications for next two years - many of us might think "logically" and suspect the news - but last week proved that logic and USCIS/DOS dont go together.
Anything is possible with is freaking idiotic dumbass orgnanization. Now I can feel a bit better - at least for next 30 mts. :)
hot red carpet robert
vandanaverdia
09-12 12:47 PM
With such a great initiative here... I am sure a lot more first time contributors will come forth. Pls dont wait any longer... Pls contribute towards the drive. We have lots to achieve & very little time...
Kudos to Milind123... u r doing a great job....
Kudos to Milind123... u r doing a great job....
more...
house Click here to see red carpet
TeddyKoochu
12-10 05:13 PM
Indians who missed the 07 season don't have the tunnel itself in sight...
I second that, the VB and predictions are shattering for us.
I second that, the VB and predictions are shattering for us.
tattoo Robert Pattinson, Kristen
boreal
03-18 11:10 AM
Looks like IRS is not going to give us back 1200$ as part of the stimulus package,which they were planning to earlier.
Source > http://www.irs.gov/newsroom/article/0,,id=179211,00.html
Basic Information on the Stimulus Payments
Updated March 14, 2008 � new 1040A-3 package
You've heard about it. Now find out how to get yours.
What is it? It's an economic stimulus payment that more than 130 million households will receive starting in May. It's not taxable, and it won't reduce your 2007 or 2008 refund or increase the amount you owe when you file your 2008 return.
Are you eligible? You're eligible if you have a valid Social Security Number (SSN) and show qualifying income of at least $3,000 on your federal tax return. Both people listed on a "married filing jointly" return must have valid SSNs to qualify for the payment � if only one has a valid SSN, neither can receive the payment.
Can you use an ITIN instead of an SSN? Taxpayers with an Individual Taxpayer Identification Number (ITIN) instead of an SSN are not eligible to receive a stimulus payment. Both people listed on a "married filing jointly" return must have valid SSNs to qualify for the payment � if only one has a valid SSN, neither can receive the payment.
Not eligible at the current time? If your circumstances change and you become eligible after you file your 2007 federal tax return, you can always file an amended return using Form 1040X. If you're not eligible this year but you become eligible next year, you can claim the economic stimulus payment next year on your 2008 tax return.
mmm...didnt knew about this..After living and working here for ten years, i am still in-eligible for the tax rebate...phew!!!! (filed jointly, no SSN for my wife)..maybe i will claim it all next year....I am eternally optimistic :-)
Source > http://www.irs.gov/newsroom/article/0,,id=179211,00.html
Basic Information on the Stimulus Payments
Updated March 14, 2008 � new 1040A-3 package
You've heard about it. Now find out how to get yours.
What is it? It's an economic stimulus payment that more than 130 million households will receive starting in May. It's not taxable, and it won't reduce your 2007 or 2008 refund or increase the amount you owe when you file your 2008 return.
Are you eligible? You're eligible if you have a valid Social Security Number (SSN) and show qualifying income of at least $3,000 on your federal tax return. Both people listed on a "married filing jointly" return must have valid SSNs to qualify for the payment � if only one has a valid SSN, neither can receive the payment.
Can you use an ITIN instead of an SSN? Taxpayers with an Individual Taxpayer Identification Number (ITIN) instead of an SSN are not eligible to receive a stimulus payment. Both people listed on a "married filing jointly" return must have valid SSNs to qualify for the payment � if only one has a valid SSN, neither can receive the payment.
Not eligible at the current time? If your circumstances change and you become eligible after you file your 2007 federal tax return, you can always file an amended return using Form 1040X. If you're not eligible this year but you become eligible next year, you can claim the economic stimulus payment next year on your 2008 tax return.
mmm...didnt knew about this..After living and working here for ten years, i am still in-eligible for the tax rebate...phew!!!! (filed jointly, no SSN for my wife)..maybe i will claim it all next year....I am eternally optimistic :-)
more...
pictures Image comment: Robert
amitjoey
07-05 05:09 PM
called CA senators, as I am outa state they said they are not entertaining outa state calls at this point...huh!!
They only do this when call volume is high....Does this mean at least CAlif guys are calling..
Go IV go@@
Call your state senators, it is effective that way.
They only do this when call volume is high....Does this mean at least CAlif guys are calling..
Go IV go@@
Call your state senators, it is effective that way.
dresses Robert Pattinson cleans up
mohanty99
07-17 11:13 PM
Given That All Dates Are Now Current And There Will Be Hundreds Of I-485 Filings By August 17, Will The Uscis Process Them In Order Of The Original Labor Cert Priority Date Or The Date Of Receipt Of The I-485 Filing Itself?
more...
makeup Robert Pattinson and Kristen
Milind123
09-17 02:18 PM
I will be leaving for DC in a couple of hours. Need to pack, get gas tank full, and decide what clothes to iron and ton of other mundane things. Thanks a lot to all those people who participated in this 401K round. If you found these shots, guns and jokes etc. amusing, thank you for your support. If you think it was silly, I appreciate you, for keeping those thoughts private.
So here is my final shot for all the people who contributed for the first time, those who contributed again, to all those who were motivated, to all those who were amused and most of all to the people who are going to DC.
$100 Order Details - Sep 17, 2007 2:20 PM EDT Google Order #348908840140049
I usually don�t share my private life. But just to let you know, I postponed my foot surgery on Friday so I can attend this rally. (First and last time on this thread to send some people on a teeny-weeny guilt trip). People under going heart surgery and people who tend to look at the roof (Ref. My previous post) are excused from this guilt trip.
Still a few shots left to be fired to finish this final round. You all know the reasons for taking those shots.
Adios. See you in DC.
P.S I will remove my signature after all the shots are fired.
So here is my final shot for all the people who contributed for the first time, those who contributed again, to all those who were motivated, to all those who were amused and most of all to the people who are going to DC.
$100 Order Details - Sep 17, 2007 2:20 PM EDT Google Order #348908840140049
I usually don�t share my private life. But just to let you know, I postponed my foot surgery on Friday so I can attend this rally. (First and last time on this thread to send some people on a teeny-weeny guilt trip). People under going heart surgery and people who tend to look at the roof (Ref. My previous post) are excused from this guilt trip.
Still a few shots left to be fired to finish this final round. You all know the reasons for taking those shots.
Adios. See you in DC.
P.S I will remove my signature after all the shots are fired.
girlfriend Twilight - Robert Pattinson
GreenMe
07-21 11:14 AM
1. Sen. Cornyn yesterday offered the bridge amendment.
SA 2339. Mr. CORNYN (for himself and Mr. Enzi, Mr. Gregg, Mr. Smith, Mr. Sununu, Mr. Coleman, and Mr. Voinovich) submitted an amendment intended to be proposed to amendment SA 2327 proposed by Mr. Kennedy to the bill H.R. 2669.
The amendment was ruled out of order by the Chair of the Committee, after a Motion by Sen. Durbin (D-IL) and a vote more-or-less on party lines. This is hopefully just a procedural slowdown. HLG is aware that alternative procedural options are still being considered.
The amendment also called for a one-time increase in H1 visas, which seemed to be the reason for the amendment�s defeat.
What you can do.
If anyone lives in these Senators' jurisdictions, please call their offices and thank them for sponsoring the amendment, and encourage them to keep pushing for this amendment.
If you live in the jurisdiction of those who voted against the amendment, please call them and encourage them of the urgent need for foreign trained nurses and PTs. Telephone is the best way to make your voice heard. Here is the link to the Senators' phone numbers and contact info.
http://www.senate.gov/general/contact_information/senators_cfm.cfm
Hello All,
I live inTexas and fall under Sen. Cornyn constituency. I faxed his Dallas and Washington Office this thank you letter. Everyone of us can send letter to their Senators. After all we are legal tax payers.... what u all say ???
Dear Sen. Cornyn,
Subject: Reintroduce Amendment No. 2339
I applaud your Amendment to provide interim relief for shortages in employment-based visas for aliens with extraordinary ability and advanced degrees and for nurses. I am one of those who are currently stuck in the muck of USCIS. I would like to request you to not give up on us. Please try to introduce another similar amendment to at least help USCIS clear the humongous backlog of Green Cards. We all really appreciate your help!
Regards,
Name
Tel #
Email ID
SA 2339. Mr. CORNYN (for himself and Mr. Enzi, Mr. Gregg, Mr. Smith, Mr. Sununu, Mr. Coleman, and Mr. Voinovich) submitted an amendment intended to be proposed to amendment SA 2327 proposed by Mr. Kennedy to the bill H.R. 2669.
The amendment was ruled out of order by the Chair of the Committee, after a Motion by Sen. Durbin (D-IL) and a vote more-or-less on party lines. This is hopefully just a procedural slowdown. HLG is aware that alternative procedural options are still being considered.
The amendment also called for a one-time increase in H1 visas, which seemed to be the reason for the amendment�s defeat.
What you can do.
If anyone lives in these Senators' jurisdictions, please call their offices and thank them for sponsoring the amendment, and encourage them to keep pushing for this amendment.
If you live in the jurisdiction of those who voted against the amendment, please call them and encourage them of the urgent need for foreign trained nurses and PTs. Telephone is the best way to make your voice heard. Here is the link to the Senators' phone numbers and contact info.
http://www.senate.gov/general/contact_information/senators_cfm.cfm
Hello All,
I live inTexas and fall under Sen. Cornyn constituency. I faxed his Dallas and Washington Office this thank you letter. Everyone of us can send letter to their Senators. After all we are legal tax payers.... what u all say ???
Dear Sen. Cornyn,
Subject: Reintroduce Amendment No. 2339
I applaud your Amendment to provide interim relief for shortages in employment-based visas for aliens with extraordinary ability and advanced degrees and for nurses. I am one of those who are currently stuck in the muck of USCIS. I would like to request you to not give up on us. Please try to introduce another similar amendment to at least help USCIS clear the humongous backlog of Green Cards. We all really appreciate your help!
Regards,
Name
Tel #
Email ID
hairstyles robert pattinson red carpet.
gcisadawg
02-10 08:30 PM
I think, gcisadawg, the problem is the structure of the indian society. This is true with westerners too but as much true.
An Indian/asian guy has to earn because he is perceived to be a bread winner. Unless he is properly settled he is not eligible for marriage.
On the other hand, if a girl is not career-oriented she can still get good husbands depending on her personality and so on.
And such girls invariably forfeit the right to send money to their parents. In such cases, one should not expect girl's parents to give her a share in their property. Its all clean.
You have Indian house wives (many of them) but you have fewer house husbands. Even if your wife works, it is supplementary income and not the main.
This is a complex equation and husbands and wives must understand the social structure we live in and adjust with each other.
Well, couple of my friends are "house husbands" now...they got laid off and their wives are still working! :D
Agreed, it is all situation based. As long as one is not forced, a couple can talk between themselves and come to an amicable solution.
An Indian/asian guy has to earn because he is perceived to be a bread winner. Unless he is properly settled he is not eligible for marriage.
On the other hand, if a girl is not career-oriented she can still get good husbands depending on her personality and so on.
And such girls invariably forfeit the right to send money to their parents. In such cases, one should not expect girl's parents to give her a share in their property. Its all clean.
You have Indian house wives (many of them) but you have fewer house husbands. Even if your wife works, it is supplementary income and not the main.
This is a complex equation and husbands and wives must understand the social structure we live in and adjust with each other.
Well, couple of my friends are "house husbands" now...they got laid off and their wives are still working! :D
Agreed, it is all situation based. As long as one is not forced, a couple can talk between themselves and come to an amicable solution.
chanduv23
07-06 12:33 PM
Please update your profiles on IV if you have not done so - thanks
immuser
07-20 04:51 PM
http://www.immigration.com/newsletter1/dolsta1207.pdf
there were 144,000 PERM's done between oct 2006- march 2007
india, china have retro for both EB2 and EB3
mexico, philippines and bunch of other countries have retro for EB3
PERM is only for the Primary applicant. For I-485 every dependent of Primary applicant needs one separate application
Considering all these 750,000 I-485 filings in next 1 month sounds a reasonable estimate.
Many who had labor pending under the old system, applied in PERM also. So it is 144k minus duplicates. But, I have no idea know many are duplicates
there were 144,000 PERM's done between oct 2006- march 2007
india, china have retro for both EB2 and EB3
mexico, philippines and bunch of other countries have retro for EB3
PERM is only for the Primary applicant. For I-485 every dependent of Primary applicant needs one separate application
Considering all these 750,000 I-485 filings in next 1 month sounds a reasonable estimate.
Many who had labor pending under the old system, applied in PERM also. So it is 144k minus duplicates. But, I have no idea know many are duplicates
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