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desigirl
05-06 08:00 AM
I have asked a few of my friends to call the list too. And I did another round of calling Tier 1 republicans only. It was pretty much the same response as the last time. I think that is their standard way of answering, - to sit on the fence.
Unless these issues are being discussed and called to vote, they will pander to whoever is talking. But, I think we still need to put continued pressure on them, hence the friends :)
Unless these issues are being discussed and called to vote, they will pander to whoever is talking. But, I think we still need to put continued pressure on them, hence the friends :)
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karan2004m
01-05 08:39 PM
ya just because u need green card, you agree with professor sahib. once u get ur green card u will also talk bad about india and indian workers.. i think gone r days when it was a cheap labor.. do u think our education systems/colleges IIT's/REC's are crap.
just because he favored GC applicant you should not agree..he straightway projected india as third world nation in eductaion, resource quality etc ..
I totally totally agree with Professor Sahib! I wish the government listens to him. What he is saying is good for everyone. As Indians we want America to succeed and prosper and we want to be a big part of the reason they prosper.
Please see this and give it a good review -- http://www.youtube.com/watch?v=bvqqYDmLgjY
Gayatri
just because he favored GC applicant you should not agree..he straightway projected india as third world nation in eductaion, resource quality etc ..
I totally totally agree with Professor Sahib! I wish the government listens to him. What he is saying is good for everyone. As Indians we want America to succeed and prosper and we want to be a big part of the reason they prosper.
Please see this and give it a good review -- http://www.youtube.com/watch?v=bvqqYDmLgjY
Gayatri
dingdong12
06-23 10:55 AM
well, i just made my first payment for $100 thru paypal
Receipt ID: 14F00794MF330594S
Receipt ID: 14F00794MF330594S
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lazycis
11-24 04:48 PM
it does say that H1B ext beyond 6 years can not be granted if there is not underlying pending process for GC (LC, 140 or 485).
However it does not talk about 'what happens if an ext is already granted'? so it still remains gray area. did I understand correctly?
If extension has already been granted, it remains valid until it's expired, revoked by USCIS, revoked by employer or employer goes out of business. However, H1B status is technically lost (similary to the situation when h1b holder leaves the petitioner but petitioner never revokes h1). Even if USCIS does not revoke the extension, it will be investigated during new I-485 processing/H1 transfer or extension.
However it does not talk about 'what happens if an ext is already granted'? so it still remains gray area. did I understand correctly?
If extension has already been granted, it remains valid until it's expired, revoked by USCIS, revoked by employer or employer goes out of business. However, H1B status is technically lost (similary to the situation when h1b holder leaves the petitioner but petitioner never revokes h1). Even if USCIS does not revoke the extension, it will be investigated during new I-485 processing/H1 transfer or extension.
more...
kate123
08-23 08:38 AM
see below.. I think you should be OK.
USCIS - Employment-Based Immigration: Second Preference EB-2 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)
Looks like 10 years experience is required for individuals applying under "Exceptional Ability".
I don't know but I'm scared now....My attorney is filing 140 this week and I was planning on premium processing.
Is this memo in effect already or what? Can someone throw more light on this?
USCIS - Employment-Based Immigration: Second Preference EB-2 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)
Looks like 10 years experience is required for individuals applying under "Exceptional Ability".
I don't know but I'm scared now....My attorney is filing 140 this week and I was planning on premium processing.
Is this memo in effect already or what? Can someone throw more light on this?
bsbawa10
06-11 01:43 PM
I give a lot of credit go USCIS for giving me all type of emotions that no other organization has given like fear, frustration, anger, anxiety, sadness . The only one missing is happiness.
more...
geesee
08-20 11:35 PM
Here in NJ(at least in Somerville), they ask for H1B approval notice. No need to have the visa stamped on passport.
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nk2006
10-21 03:30 PM
Though the denial of this MTR is against the law by USCIS, one must consider following.
AC21 is a benefit for a long delayed adjustment of status applicant to change the employer before getting GC. This law was framed based on the fact that the employee working for a long period of time with sponser (either in non-immigrant visa or in EAD) and cannot change the job because of prolonged delay in approval of 485. However, one must remember that, the fundamental priciple of granting GC is based on the fact that intent of the employee working "permanetly" or some longer period of time for the sponser. If the employer can demonstrate successfully to the USCIS that the employee does not having the intent then USCIS may deny the 485. If one resigns just immediatly after the 180 days, it doubts the legitimacy of the intent. If employer argues that the employee was waiting just for 180 days and using the law to change the job, there is a reason for USCIS to belive the employer's claim about false intent of the emploee. But one can overrule this denial in court, if the employee demonstrates that he/she worked for the sponsor for a considerable period of time before and after filing 485, to prove his/her intent.
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.
AC21 is a benefit for a long delayed adjustment of status applicant to change the employer before getting GC. This law was framed based on the fact that the employee working for a long period of time with sponser (either in non-immigrant visa or in EAD) and cannot change the job because of prolonged delay in approval of 485. However, one must remember that, the fundamental priciple of granting GC is based on the fact that intent of the employee working "permanetly" or some longer period of time for the sponser. If the employer can demonstrate successfully to the USCIS that the employee does not having the intent then USCIS may deny the 485. If one resigns just immediatly after the 180 days, it doubts the legitimacy of the intent. If employer argues that the employee was waiting just for 180 days and using the law to change the job, there is a reason for USCIS to belive the employer's claim about false intent of the emploee. But one can overrule this denial in court, if the employee demonstrates that he/she worked for the sponsor for a considerable period of time before and after filing 485, to prove his/her intent.
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.
more...
manderson
01-07 03:00 PM
My wife is still waiting for the AP. The receipt notice gives August 6 as the receipt date. She called USCIS last Tuesday and was told that USCIS is running really slow and is taking 180 days to process APs. The lady she spoke to asked my wife to call back after "it is 180 days past her notice date". Her 180 days will complete on February 6. We have postponed out travel plans several times.
is this NSC or TSC?
is this NSC or TSC?
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mheggade
07-11 01:17 PM
Between Fragoman, My Company and USCIS they sure are going to drive me nuts. I am waiting for green card for 10 years now with the same company. They are moving EB2 date and nothing gets done with EB3. On top of all these, 2 years from now, they will make all dates current which literally mean I will get my Green Card with a guy came here 10 months ago....
I really sympathise with your situation, But your comments are outrageous.
R you saying Just because you suffered every body has to suffer.:mad:
I really sympathise with your situation, But your comments are outrageous.
R you saying Just because you suffered every body has to suffer.:mad:
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kvrr
07-19 11:57 AM
Secure $50 Per Month Recurring Contribution
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shsk
07-20 01:20 PM
Hope they bring back interim EAD, that should solve some problem.
But I cannot imagine the long lines in local Service centres:p
But I cannot imagine the long lines in local Service centres:p
more...
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purgan
08-17 11:29 PM
grupak/mirage/pani6
i support your efforts and have printed out and sent letters to the people mentioned. Momentum for release of information should build up even if we have 50-100 letters from affected people...otherwise people won't know of EB-3 IND's plight.
I suppose we should followup with phone calls in 15 days to cement our request. We should have a poll on who all has sent the letter and made the call.
i support your efforts and have printed out and sent letters to the people mentioned. Momentum for release of information should build up even if we have 50-100 letters from affected people...otherwise people won't know of EB-3 IND's plight.
I suppose we should followup with phone calls in 15 days to cement our request. We should have a poll on who all has sent the letter and made the call.
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Dhundhun
03-18 01:55 PM
Can you show us the source of your information? It is very clearly written on the IRS website that if Married and filing jointly, both need to have SSN. If one spouse has ITIN, you will not get ANY rebate.
Here it is:
http://www.irs.gov/newsroom/article/0,,id=179211,00.html
I can feel my H1B friends being hurt due to such discrimination.
I did not ask for my wife's EAD, while filing AOS, because she don't want to work. IRS is forcing us (indirectly) to take EAD, so that SSA will provide SSN and then based on SSN, IRS will give stimulus benefit.
Here it is:
http://www.irs.gov/newsroom/article/0,,id=179211,00.html
I can feel my H1B friends being hurt due to such discrimination.
I did not ask for my wife's EAD, while filing AOS, because she don't want to work. IRS is forcing us (indirectly) to take EAD, so that SSA will provide SSN and then based on SSN, IRS will give stimulus benefit.
more...
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addsf345
11-19 01:26 PM
One more update: Found another thread on RG's forum. This one is very specific.
http://immigration-information.com/forums/showpost.php?p=25447&postcount=7
Re: EAD & wrongful denial of 485 due to I-140 revoked by employer after 180 days AC21
--------------------------------------------------------------------------------
Let my try to clarify my answer, since I didn't do that good a job previously.
An EAD remains valid until it expires, unless it is explicitly revoked. Sometimes, but not always, when the CIS denies an I-485, they also revoke the EAD.
For argument's sake, let's assume that an employer has attempted to revoke an approved I-140 in a case where the applicant's I-485 has been pending for more than 180 days. Let's further assume that the CIS denies the I-485 on this basis and also revokes the EAD.
In my opinion, since there is no legal authority for such a denial, and the denial violates the law, it is invalid. Now, I want to make it clear that this is a very unusual situation. It is extremely rare that you find a situation where a CIS adjustment of status denial is clearly and unequivocally illegal, but this is one of those situations.
Because a denial of this type is illegal, the revocation of the applicant's employment authorization is also improper. If an applicant, in this highly unusual and extremely limited situation, works without authorization, then in my opinion that falls into the "beyond his control" exception and no penalty can be imposed.
desi, thank you for sharing above. Can some one clarify what RG means by "beyond his control exception"???
is this a standard CIS term? Have anyone heard this term before? If it is a common term used while appeals or MTRs, I would say, RG is correct. However I haven't come across this before.
http://immigration-information.com/forums/showpost.php?p=25447&postcount=7
Re: EAD & wrongful denial of 485 due to I-140 revoked by employer after 180 days AC21
--------------------------------------------------------------------------------
Let my try to clarify my answer, since I didn't do that good a job previously.
An EAD remains valid until it expires, unless it is explicitly revoked. Sometimes, but not always, when the CIS denies an I-485, they also revoke the EAD.
For argument's sake, let's assume that an employer has attempted to revoke an approved I-140 in a case where the applicant's I-485 has been pending for more than 180 days. Let's further assume that the CIS denies the I-485 on this basis and also revokes the EAD.
In my opinion, since there is no legal authority for such a denial, and the denial violates the law, it is invalid. Now, I want to make it clear that this is a very unusual situation. It is extremely rare that you find a situation where a CIS adjustment of status denial is clearly and unequivocally illegal, but this is one of those situations.
Because a denial of this type is illegal, the revocation of the applicant's employment authorization is also improper. If an applicant, in this highly unusual and extremely limited situation, works without authorization, then in my opinion that falls into the "beyond his control" exception and no penalty can be imposed.
desi, thank you for sharing above. Can some one clarify what RG means by "beyond his control exception"???
is this a standard CIS term? Have anyone heard this term before? If it is a common term used while appeals or MTRs, I would say, RG is correct. However I haven't come across this before.
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gsc999
07-20 02:44 PM
Guys, don't be disappointed about the Cornyn amendment failing! Here's why:
Therefore, even people like Clinton voted no, because if the Cornyn amendment had passed it would have denied them the visibility and publicity that a well-organized and publicized bill would generate. Clinton has spoken in our favor before, and I think that she voted nay now in order to later be part of a more visible (and politically-rewarding) solution for us.
Jamie: IVers agree with latter part of your message that we need to make IV strong.
Many IVers still wrongly believe that Hillary, Obama or Democrats are supportes of our cause. Let us get over this misconception as soon as possible to avoid any future disappointments. Also, please do let us know when Hilllary spoke in our support? I must have missed that. If you can't find that link, most probably its because it never happened. During the recent grand bargain bill her only proposed amendment was for family unification visas, if I remember correctly.
Where is Robinder and his USINPAC now? Look at this link below:
http://www.usinpac.com/
Smiling pics of Hillary and other political figure and millions of dollars in campaign donation. Result, no vote on SKIL bill.
Therefore, even people like Clinton voted no, because if the Cornyn amendment had passed it would have denied them the visibility and publicity that a well-organized and publicized bill would generate. Clinton has spoken in our favor before, and I think that she voted nay now in order to later be part of a more visible (and politically-rewarding) solution for us.
Jamie: IVers agree with latter part of your message that we need to make IV strong.
Many IVers still wrongly believe that Hillary, Obama or Democrats are supportes of our cause. Let us get over this misconception as soon as possible to avoid any future disappointments. Also, please do let us know when Hilllary spoke in our support? I must have missed that. If you can't find that link, most probably its because it never happened. During the recent grand bargain bill her only proposed amendment was for family unification visas, if I remember correctly.
Where is Robinder and his USINPAC now? Look at this link below:
http://www.usinpac.com/
Smiling pics of Hillary and other political figure and millions of dollars in campaign donation. Result, no vote on SKIL bill.
more...
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sunny1000
02-27 12:04 AM
still waiting...july 2002...NY
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ramus
07-19 08:25 PM
Thanks.. Lets ask others to contribute and get ready for next big fight..
Thank you.
Contributed one time $100. Will not hesitate to do so in the future. Nice job IV!!!
Most media articles on the 485 issue had one common note "This normally not so vocal group of legal working immigrants have stood up and spoke". IV made sure that will not be so anymore and we have a strong resonating voice that will make a difference
Anil
Thank you.
Contributed one time $100. Will not hesitate to do so in the future. Nice job IV!!!
Most media articles on the 485 issue had one common note "This normally not so vocal group of legal working immigrants have stood up and spoke". IV made sure that will not be so anymore and we have a strong resonating voice that will make a difference
Anil
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vgayalu
06-01 10:01 AM
Hi Guys,
How it sounds ,If we give top most lazy award to Philly- BEC center from IV side.
How it sounds ,If we give top most lazy award to Philly- BEC center from IV side.
eb3_nepa
03-09 01:21 PM
Black_logs are you ABSOLUTELY sure that they eat into the EB3 numbers? On the Visa Bulletin, they have a seperate entry below the EB3. Just curious if we are getting this Schedule A thing correctly
gsthantry
07-20 09:24 AM
Thanks IV
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