tcsonly
01-04 10:57 AM
I think all 3 of them (Husband & 2 wives) should apply for their own H1B's and make it here and then apply for separate GC's.
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MightyIndian
02-10 11:30 PM
a FP appointment notice.
Since I am a July 07 filer like many others, it may indicate that they are dusting the apps to generate FP notices?
I got the e-mail as well. But what FP notice would they generate now? What for?
Since I am a July 07 filer like many others, it may indicate that they are dusting the apps to generate FP notices?
I got the e-mail as well. But what FP notice would they generate now? What for?
rameshvaid
05-31 05:55 PM
Please try to contact your chapter from this page
http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52
It is also a menu item under advocacy on the top.
If you do not get a response, then contact IV member ID meenal
This is what I got back when I sent him the email:
This is an automatically generated Delivery Status Notification. Delivery to the following recipients failed.Subject: Joining State Chapter
Date: Sun, 31 May 2009 17:31:26 -0400
Dear XXXXX
I had PM you on immigration.com in reply to your email. I have not heard back from you. Could you please let me know as to how can I join SC.
Best..
RAMESH VAID
Cell: 216-xxx-xxxx
http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52
It is also a menu item under advocacy on the top.
If you do not get a response, then contact IV member ID meenal
This is what I got back when I sent him the email:
This is an automatically generated Delivery Status Notification. Delivery to the following recipients failed.Subject: Joining State Chapter
Date: Sun, 31 May 2009 17:31:26 -0400
Dear XXXXX
I had PM you on immigration.com in reply to your email. I have not heard back from you. Could you please let me know as to how can I join SC.
Best..
RAMESH VAID
Cell: 216-xxx-xxxx
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NKR
10-21 03:18 PM
Despite of my request on RED dots and interpretation issues,
Some one gave me a RED dot for this posting. It is as follows
1. Interpretation issues... 10-21-2008 03:40 PM What is "con traversal" dear ? ))
Guys, we need keep away these kind of people from IV participation. There should be some restrictions (rules and regulation). These are the people who don't know what they are doing. GOD only can save them.
We are here for to work and live and represent as a forum to fight against a broken system. Looks like we have issues among us.
We either take away GREEN/RED dot concepts from bothering others or do some thing else (display who has given RED/GREEN dots).
Core member do some thing.
The least you can do is ignore the dots, the more you talk and complain, there are people wanting to give you more, it is like this.. the more I listen to Shawn Hannity, the more I turn democrat.
Some one gave me a RED dot for this posting. It is as follows
1. Interpretation issues... 10-21-2008 03:40 PM What is "con traversal" dear ? ))
Guys, we need keep away these kind of people from IV participation. There should be some restrictions (rules and regulation). These are the people who don't know what they are doing. GOD only can save them.
We are here for to work and live and represent as a forum to fight against a broken system. Looks like we have issues among us.
We either take away GREEN/RED dot concepts from bothering others or do some thing else (display who has given RED/GREEN dots).
Core member do some thing.
The least you can do is ignore the dots, the more you talk and complain, there are people wanting to give you more, it is like this.. the more I listen to Shawn Hannity, the more I turn democrat.
more...
alterego
12-14 06:56 AM
Labour Sub the way it is used is legal but not necessarily moral. However the USCIS has always looked at this ONLY from the EMPLOYERS eyes and therefore don't see much wrong in it. I am sure this is one thing we would agree with the programmers guild on.
The really scary thing is "Vintage wine" is really precious and very much in demand. However if it were available in huge quantities, it would be had as often as you want. Problem for us is that with BECs moving applications very fast, there will be sure to be many more of these floating around and freely available. As long as they allow this, the pace of movement of PDs will be anemic at best.
One argument to be made which might get more traction is that this practice is unfair to the newer companies as compared to more established ones.
The stench of this system is at times unbearable. I have always said, it selects its criteria and positively discriminates on such things such as place of birth, yet places little value on the importance of a particular skill set (after all it is EB immgration we are talking about). In many ways it is its simplicity as a system in a much more complex and manipulative world that causes these problems. Whether this is by design or not is another discussion. Either way it stinks!
The really scary thing is "Vintage wine" is really precious and very much in demand. However if it were available in huge quantities, it would be had as often as you want. Problem for us is that with BECs moving applications very fast, there will be sure to be many more of these floating around and freely available. As long as they allow this, the pace of movement of PDs will be anemic at best.
One argument to be made which might get more traction is that this practice is unfair to the newer companies as compared to more established ones.
The stench of this system is at times unbearable. I have always said, it selects its criteria and positively discriminates on such things such as place of birth, yet places little value on the importance of a particular skill set (after all it is EB immgration we are talking about). In many ways it is its simplicity as a system in a much more complex and manipulative world that causes these problems. Whether this is by design or not is another discussion. Either way it stinks!
H4_losing_hope
02-25 11:01 PM
my new total 105 ish
maybe a few more this week.
If anyone wants about 50 hand addressed envelops to President then PM me.
May be NORCAL might need them? I will be sending them about 30+ letters this week.
Cheers!
maybe a few more this week.
If anyone wants about 50 hand addressed envelops to President then PM me.
May be NORCAL might need them? I will be sending them about 30+ letters this week.
Cheers!
more...
yabadaba
12-28 11:19 AM
how do I avoid that scenario?
If I send some information to USCIS that I am invoking AC 21, they would not allow my employer to revoke I 140?
as far as i know, you cannot avoid that scenario of the employer withdrawing I-140. You can speak to them, but there is no way you can guarantee what they do. Your boss may agree but ur corp lawyers or HR may have different ideas.
just make sure u document everything including ur ac21 request to uscis. mayke sure u have an attorney on record who will file ur ac21...if u want to be supersafe.
as long as u have the documentation and correct letters from your company, even if they have a rfe on ur case, u can provide documentation...if they issue a noid or deny ur petition, ur lawyer can help u file a mtr (motion to reopen/reconsider) and resolve it for u.
i am not speaking from personal experience but from what i have been reading on the forums for a few years now.
on the plus side u will have hundred if not thousands of ppl invoking ac21 in the next few days...so uscis will be well aware of the law, clauses, etc when it comes time to adjudicate urs.
If I send some information to USCIS that I am invoking AC 21, they would not allow my employer to revoke I 140?
as far as i know, you cannot avoid that scenario of the employer withdrawing I-140. You can speak to them, but there is no way you can guarantee what they do. Your boss may agree but ur corp lawyers or HR may have different ideas.
just make sure u document everything including ur ac21 request to uscis. mayke sure u have an attorney on record who will file ur ac21...if u want to be supersafe.
as long as u have the documentation and correct letters from your company, even if they have a rfe on ur case, u can provide documentation...if they issue a noid or deny ur petition, ur lawyer can help u file a mtr (motion to reopen/reconsider) and resolve it for u.
i am not speaking from personal experience but from what i have been reading on the forums for a few years now.
on the plus side u will have hundred if not thousands of ppl invoking ac21 in the next few days...so uscis will be well aware of the law, clauses, etc when it comes time to adjudicate urs.
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Sheila Danzig
08-18 02:40 PM
You cannot combine work and education for EB2 and for EB3 it must be so noted on the Labor Cert.
Santa,
Thanks for your response.
Education evaluation was not done for bachelors because the Labor only required masters. My attorney is planning to use 2 years of my experience to compensate for the additional 1 year of bachelors degree
H1Girl,
Thanks for your response.
Even my attorney says the argument of USCIS could be "building blocks" argument i.e. In US, for masters, 4 year bachelors is required. But, I only have a 3 year bachelor degree.
Santa,
Thanks for your response.
Education evaluation was not done for bachelors because the Labor only required masters. My attorney is planning to use 2 years of my experience to compensate for the additional 1 year of bachelors degree
H1Girl,
Thanks for your response.
Even my attorney says the argument of USCIS could be "building blocks" argument i.e. In US, for masters, 4 year bachelors is required. But, I only have a 3 year bachelor degree.
more...
guy03062
04-03 07:59 AM
to all senators.
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thankgod
05-12 01:29 PM
The Dream act is supposed to happen only in your dreams.... Keep Dreaming:eek:
Thats a good one. Completely accepting.
Thats a good one. Completely accepting.
more...
axp817
04-09 02:57 PM
Receipting is not done by VO and the staff who do receipting follow certain procedures.
USCIS mailroom has certain protocols and thats why even our AC21 documentation does not reach file.
Files are distributed to different officers and they work on the files.
Without a receipt number you cannot track your MTR.
Talk to a very good Attorney on further course of action.
I filed MTR - my 485 was denied because the officer ignored the AC21 job change. When I called customer service and explained - I was transferred to a VO and when I explained it, she requested me to file an appeal so that I don't have to pay instead f MTR.
When I talked to Attorney - she said "Don't do that - when your MTR gets receipted, you can track it but cannot track an appeal"
Remember MTR = if USCIS makes a mistake - MTR costs $$
Appeal = if you want AAO to consider various factors on a correctly interpreted denial and appeal to see if you can convince.
Does this mean that an MTR filed without the filing fee is automatically considered an appeal?
USCIS mailroom has certain protocols and thats why even our AC21 documentation does not reach file.
Files are distributed to different officers and they work on the files.
Without a receipt number you cannot track your MTR.
Talk to a very good Attorney on further course of action.
I filed MTR - my 485 was denied because the officer ignored the AC21 job change. When I called customer service and explained - I was transferred to a VO and when I explained it, she requested me to file an appeal so that I don't have to pay instead f MTR.
When I talked to Attorney - she said "Don't do that - when your MTR gets receipted, you can track it but cannot track an appeal"
Remember MTR = if USCIS makes a mistake - MTR costs $$
Appeal = if you want AAO to consider various factors on a correctly interpreted denial and appeal to see if you can convince.
Does this mean that an MTR filed without the filing fee is automatically considered an appeal?
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blacktongue
10-29 09:58 AM
Has anyone polled to see if it is everyone or only EB2 case, any service center, country.
more...
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skp71
12-12 09:49 PM
What's going on with EB3 ROW? No movement at all!! What's goin to happen in coming months???
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we_can
05-30 09:23 AM
Voted and Commented
more...
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Mount Soche
12-18 09:16 AM
This is not to oppose your message - I am just trying to figure out where these arguments comes from because I don't think I believe in this whole fraud thing. AC21 is meant for one to change jobs after working for the original sponsoring company for 180 days. Also, there are no clear guidelines stating that one must inform the USCIS - so what will this fraud be based on? How can one be committing fraud if there are no guidelines to tell you what is considered fraudulent? I think one is fraudulant when one actually violates some set rules etc. I don't think the USCIS can have a basis for suspecting someone of fraud when they don't even have a definition of what may constitute fraud in this case because of the lack of guidelines. Plus, I have never, ever heard of anyone be denied or suspected of anything like this during citizenship, I just don't believe this is a factor AT ALL. I see these comments a lot and they just don't make any sense to me. To me, it is like breaking a law that doesn't exist. And you say one may be "suspected", well, suspicion is just that, suspicion. The USCIS needs to show proof that you intended to be fraudulent and for as long as there are no AC21 guidelines that tell you that you must inform the USCIS upon invoking AC21, the USCIS will not and cannot have a case against you.
The disadvantage of not filing for AC21 is if your AoS is approved with USCIS believing that you will be working for the original petitioner after approval.
That is the disadvantage. USCIS will not know that you intended to port to new employer by invoking AC21 and come the time your apply for Naturalization, USCIS will discover it and may suspect you of fraud.
The disadvantage of not filing for AC21 is if your AoS is approved with USCIS believing that you will be working for the original petitioner after approval.
That is the disadvantage. USCIS will not know that you intended to port to new employer by invoking AC21 and come the time your apply for Naturalization, USCIS will discover it and may suspect you of fraud.
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jpkml
11-12 04:23 PM
Visa Bulletin For December 2010 (http://travel.state.gov/visa/bulletin/bulletin_5197.html)
more...
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apahilaj
11-29 11:26 AM
Guys,
Any update on your FP notices yet? am still waiting. Did any one of you file DHS 7001 for ombudsman inquiry?
Thanks and good luck.
Any update on your FP notices yet? am still waiting. Did any one of you file DHS 7001 for ombudsman inquiry?
Thanks and good luck.
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bkarnik
04-12 11:27 AM
The only leeway USCIS has w.r.t EADs are the duration of the EADs and not the timing of the issue of the EAD. The fact that the EAD can be given only after the I485 is filed is governed by the INA.
Further the grant of EADs in all the eligible categories is more or less the same. Even if the timing of the grant of the EAD were in USCIS hands, it is hard to request an alternative interpretation of the regulation in some cases (eg after I-140) while retaining the same interpretation for other categories (eg EAD after completion of Education). This just opens up a lot of loopholes.
ON top of all this we have to take into consideration the huge inherent inertia of the USCIS to change. As already pointed out the only recourse available would be to change the law of the land, on which path we are already traversing.
Werc:
Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).
As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.
But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.
Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)
Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.
Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.
Further the grant of EADs in all the eligible categories is more or less the same. Even if the timing of the grant of the EAD were in USCIS hands, it is hard to request an alternative interpretation of the regulation in some cases (eg after I-140) while retaining the same interpretation for other categories (eg EAD after completion of Education). This just opens up a lot of loopholes.
ON top of all this we have to take into consideration the huge inherent inertia of the USCIS to change. As already pointed out the only recourse available would be to change the law of the land, on which path we are already traversing.
Werc:
Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).
As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.
But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.
Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)
Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.
Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.
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coloniel60
08-14 06:23 AM
This is called OBSSESSIVE COMPULSIVE DISORDER
Thanks doc for the prognosis. I have said this before and I will say it again that all this is USCIS fault. They are the ones who are taking 90 days to issue recipt notices. They are the ones who are not following FIFO in issuing recipt notices. They are the ones who said that they have processed all applications received before July 1 but have not cashed checks for my application which was mailed on June 11th.
On a lighter note what you are doing with those you tube videos is also OBSSESSIVE COMPULSIVE (DIS)ORDER except that it's for something good.
Thanks doc for the prognosis. I have said this before and I will say it again that all this is USCIS fault. They are the ones who are taking 90 days to issue recipt notices. They are the ones who are not following FIFO in issuing recipt notices. They are the ones who said that they have processed all applications received before July 1 but have not cashed checks for my application which was mailed on June 11th.
On a lighter note what you are doing with those you tube videos is also OBSSESSIVE COMPULSIVE (DIS)ORDER except that it's for something good.
snathan
03-26 10:42 AM
Hi Guys,
I am not sure if this is the trend everywhere only in TX. The DPS - Department of public Safety which is issuing Driving License started asking for the Employment Verification or latest Pay Slip. I asked the officer if its the new requirement and she replied Yes, its started recently. If you are in H1 or H4 visa, you need to prove that you are still in job and getting paid. One more nail in the coffin.
Thanks
I am not sure if this is the trend everywhere only in TX. The DPS - Department of public Safety which is issuing Driving License started asking for the Employment Verification or latest Pay Slip. I asked the officer if its the new requirement and she replied Yes, its started recently. If you are in H1 or H4 visa, you need to prove that you are still in job and getting paid. One more nail in the coffin.
Thanks
indianindian2006
08-22 09:31 PM
Starting July 16th, 2007, labor certification has a 60 day validity period. Meaning, a I-140 petition needs to be filed within 60 days from labor approval date....If immigrant visa numbers are unavailable (dates retrogressed), you wont be able to file your I-140/I-485 concurrently but you can file your I-140 petition irrespective of your priority date as long as you have a labor approved. You dont have to apply for your labor again and again....Its just that, once you get your I-140 approved, you will have to wait for dates to become current to file I-485...
Looks like this needs correction.Labors expire after 180 days from approval date after July 16th.
http://www.foreignlaborcert.doleta.gov/pdf/fraud_faqs_07-13-07.pdf
Read on page 4
Looks like this needs correction.Labors expire after 180 days from approval date after July 16th.
http://www.foreignlaborcert.doleta.gov/pdf/fraud_faqs_07-13-07.pdf
Read on page 4
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