paskal
07-17 02:01 AM
but even with this big announcement tomorrow, we still only have 140,000 visas and keep in mind USCIS has just been averaging about 100,000 per year. (so about 40,000 get wasted every year)
All all this does is to push the bottleneck further down the pipeline.
the only benefit I see is that it helps with filing of AP and EAD which does not help someone like me with my 485 already pending
Sorry I dont share the enthusisam
jasguil
of course it's a band aid
important to maintain perspective.
the fight is not over, whatever happens tomorrow.
our goals remain to be met and we must continue this work.
All all this does is to push the bottleneck further down the pipeline.
the only benefit I see is that it helps with filing of AP and EAD which does not help someone like me with my 485 already pending
Sorry I dont share the enthusisam
jasguil
of course it's a band aid
important to maintain perspective.
the fight is not over, whatever happens tomorrow.
our goals remain to be met and we must continue this work.
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eb3_nepa
03-16 04:21 PM
I have just read it.
Did you read the Tancredo send a letter to the SJC to warn them?
Can you pls post that letter here?
Did you read the Tancredo send a letter to the SJC to warn them?
Can you pls post that letter here?
anai
07-19 02:41 PM
Thanks, but seems like this is not what i was looking for. I was looking for the Jun 16/17th memo about initial evidence. Do you have that one?
Note sure what you're looking for. The memo I cited went into effect on June 16th. If that's not what you're looking for, you can try "press room" at USCIS's website where all memos are listed by date.
Note sure what you're looking for. The memo I cited went into effect on June 16th. If that's not what you're looking for, you can try "press room" at USCIS's website where all memos are listed by date.
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hebron
08-20 10:17 PM
I am not with them anymore, I transfered my H1 to another company already. i just need to find out the way how to file a complaint and proceed further.
That's good to know that you transferred your H1-B.
As people already suggested there are very slim chances you can do anything about this, since labor and I-140 belongs the the employer. So if you can prove with written statements from your employer that he will sponsor your GC and if can prove that have incurred monetary loss, you might be able to get something out of this.
On a side note, You may want to see if there is any other options to bring him down, such as if you were on H1-B and if your employer did not pay you the salary he promised. This definitely will put him on the black list and he cannot hire anybody else on H1-B. All the best!
That's good to know that you transferred your H1-B.
As people already suggested there are very slim chances you can do anything about this, since labor and I-140 belongs the the employer. So if you can prove with written statements from your employer that he will sponsor your GC and if can prove that have incurred monetary loss, you might be able to get something out of this.
On a side note, You may want to see if there is any other options to bring him down, such as if you were on H1-B and if your employer did not pay you the salary he promised. This definitely will put him on the black list and he cannot hire anybody else on H1-B. All the best!
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yabadaba
05-22 03:04 PM
seriously...quit your job and work at a gas station for a few months...u will be all set
rockstart
06-05 08:25 AM
I thought they were doing that for a while now? Am I missing something?
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spindoctor
07-19 08:22 PM
She may not get a visitor's visa. Visitor's visa requires non-immigration intent, just like F-1. In your case, there is a very clear intent to immigrate, which may disqualify her from getting a visitor's visa.
OK guys, here is what I think. Being in US on a visitor visa, and then applying for an I-485 does seem like a violation of visa terms, but the other way round seem to be fine. I mean she can apply for an I-485 first in India, and then apply for a visitor visa later while her I-485 application is pending. While applying for a visitor visa she just has to honestly tell the consulate officer that her I-485 is pending and there should be no problems.
If this is not so, then it means that all those who have filed I-485 in their home countries through consular processing route are in effect barred from entering US till some decision is taken on their application. This sounds bizarre. Does not make sense. What do you say?
OK guys, here is what I think. Being in US on a visitor visa, and then applying for an I-485 does seem like a violation of visa terms, but the other way round seem to be fine. I mean she can apply for an I-485 first in India, and then apply for a visitor visa later while her I-485 application is pending. While applying for a visitor visa she just has to honestly tell the consulate officer that her I-485 is pending and there should be no problems.
If this is not so, then it means that all those who have filed I-485 in their home countries through consular processing route are in effect barred from entering US till some decision is taken on their application. This sounds bizarre. Does not make sense. What do you say?
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alterego
01-13 12:21 PM
I've sent in slightly modified letters(personalised) from myself and separately from my wife to both the Whitehouse and to IV.
I found the best way to modify the well written template is to just put a small personal introduction at the top. Who you are, what you do and perhaps that you are waiting patiently for X years.
If you have renewed your EAD multiple times, it might be worth mentioning that as well.
I found the best way to modify the well written template is to just put a small personal introduction at the top. Who you are, what you do and perhaps that you are waiting patiently for X years.
If you have renewed your EAD multiple times, it might be worth mentioning that as well.
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spindoctor
07-19 11:46 PM
There is an obvious difference between "fretting over" and "reflecting". You seem not to understand the difference (reminds me of George W. Bush on Iraq war).
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George W Bush rocks man! I like his positive attitude towards life :) . He should be made president for life.
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eb3_nepa
02-12 12:17 PM
Sometimes in your life you make bad decisions. It happened unfortunately, because my PD is June 2004 EB2 and when dates became current last year, I thought it needs to move just 3 months to have my date current and as per DOS release there were only 3400 visas in EB2 for 2004.
Unluckily I chose for CP instead of 485 and now lying in a dark well.
Anyway please don't sympathize, I'll certainly come out of this situation very soon.
That still doesnt explain why you chose CP over normal AOS. PD wise, it would not have mattered either ways. Also if you feel that you are going to come out of this issue soon then why do you want IV to take up this cause anyways? Dont get me wrong i am not trying to be mean here, I am just not sure why you are proposing what you are proposing.
Unluckily I chose for CP instead of 485 and now lying in a dark well.
Anyway please don't sympathize, I'll certainly come out of this situation very soon.
That still doesnt explain why you chose CP over normal AOS. PD wise, it would not have mattered either ways. Also if you feel that you are going to come out of this issue soon then why do you want IV to take up this cause anyways? Dont get me wrong i am not trying to be mean here, I am just not sure why you are proposing what you are proposing.
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AUG2005GC
08-22 12:02 AM
I was able to successfully port my EB3 to EB2 and received my GC last month. I am working for a mid-size American consulting firm. My background is Bachelors in Computers from India and did Masters in Computers from US.
I filed my EB3 labor in AUG 2005 and got both labor and I140 approved in two months.
Filed 485 in July 2007 & got EAD/AP.
Went to my Employer and requested them to either refile my application for EB2 or I will have to resign. Since I was already working as PM, it was easy for my Employer to file for EB2 for PM position.
Filed EB2 labor in March 2009, Got approved in Jan 2010
Got EB2 I140 approved in March 2010
Late March Case transferred to Local Office.
Personal Interview in May 2010 - IO was not sure why i was called for interview. No Questions asked and told to wait till date gets current.
Date got current in July.
- Call multiple times 800 number only standard response
- Went to local office and request update. IO told to wait for a week. 2 days later on 14th July got my GC approved.
I believe even if you get your GC 6 months early by porting dates, its worth it. I hope my story helps you.
Best Luck!
I filed my EB3 labor in AUG 2005 and got both labor and I140 approved in two months.
Filed 485 in July 2007 & got EAD/AP.
Went to my Employer and requested them to either refile my application for EB2 or I will have to resign. Since I was already working as PM, it was easy for my Employer to file for EB2 for PM position.
Filed EB2 labor in March 2009, Got approved in Jan 2010
Got EB2 I140 approved in March 2010
Late March Case transferred to Local Office.
Personal Interview in May 2010 - IO was not sure why i was called for interview. No Questions asked and told to wait till date gets current.
Date got current in July.
- Call multiple times 800 number only standard response
- Went to local office and request update. IO told to wait for a week. 2 days later on 14th July got my GC approved.
I believe even if you get your GC 6 months early by porting dates, its worth it. I hope my story helps you.
Best Luck!
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prioritydate
08-05 07:42 PM
I am trying to keep track of 2004 cases. I think USCIS is not doing fair justice by not giving preference to 2004 cases. Please post your priority date, I-140 approval dates(if approved), I-485 received dates, Name check cleared date(if cleared), finger print cleared date(if you gave finger prints and they got cleared)
My Details :
PD : 12/23/2004
I-140 Approval Date :05/03/2007
I-485 Received Date : 07/26/2007
Name Check Cleared.
Gave Finger Prints.
I think mine is straight forward case. :confused:
My Details :
PD : 12/23/2004
I-140 Approval Date :05/03/2007
I-485 Received Date : 07/26/2007
Name Check Cleared.
Gave Finger Prints.
I think mine is straight forward case. :confused:
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raysaikat
07-19 09:33 PM
OK guys, here is what I think. Being in US on a visitor visa, and then applying for an I-485 does seem like a violation of visa terms, but the other way round seem to be fine. I mean she can apply for an I-485 first in India, and then apply for a visitor visa later while her I-485 application is pending. While applying for a visitor visa she just has to honestly tell the consulate officer that her I-485 is pending and there should be no problems.
If she applies for I-485, she has *beyond a shadow of doubt" expressed immigration intent. Her visitor visa request will immediately be rejected.
If this is not so, then it means that all those who have filed I-485 in their home countries through consular processing route are in effect barred from entering US till some decision is taken on their application. This sounds bizarre. Does not make sense. What do you say?
Once someone applies for I-485, then s/he has expressed immigration intent. From that time onwards s/he cannot apply for any visa that requires intent for non-immigration, such as visitor's visa, student visa, etc. He/she can only apply for a dual-intent visa, such as H1/L1/H4, etc., after expressing immigration intent.
It is your own personal problem if you find this rule as "bizarre", but that's the rule.
If she applies for I-485, she has *beyond a shadow of doubt" expressed immigration intent. Her visitor visa request will immediately be rejected.
If this is not so, then it means that all those who have filed I-485 in their home countries through consular processing route are in effect barred from entering US till some decision is taken on their application. This sounds bizarre. Does not make sense. What do you say?
Once someone applies for I-485, then s/he has expressed immigration intent. From that time onwards s/he cannot apply for any visa that requires intent for non-immigration, such as visitor's visa, student visa, etc. He/she can only apply for a dual-intent visa, such as H1/L1/H4, etc., after expressing immigration intent.
It is your own personal problem if you find this rule as "bizarre", but that's the rule.
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snathan
06-18 07:19 PM
Can we have a letter / online fax campaign atleast...
May be a letter from Rep Longfren etc.
Yes...we are. I will let you know once we are ready.
Thanks.
May be a letter from Rep Longfren etc.
Yes...we are. I will let you know once we are ready.
Thanks.
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shana04
02-16 01:32 PM
Hi,
I am talking to different lawyers for using AC21 - new position title and functions are almost similar with similar salaries in the same region, old employer might revoke the approved I140 but 180 days are over and I140 is approved - couple lawyers mentioned that the case is straight forward but still mentioned that they are not going to take the case because they decided not to do AC21 in many cases. Reason they mentioned is that underlying I485 is not filed by them and if its rejected for any reason there is a chance of mal-practise suit against them. The fact that they didnt do anything after taking the case might work against them. Their current insurance against mal-practise is not enough to cover these types of instances. I found the argument a bit weird but wondering if anyone else heard same - I heard this from 2 of the 3 lawyers I called locally.
- kishdam
kishdam,
Logically thinking, first thing 485 is your petition.
you are giving them the right to act on your behalf.
There is nothing that an employer has provided except the offer letter.
Now you are using new employers offer letter, how in the world would an old employer sue this attorney. This is your petition and not employers petition.
Scenario:
What if you use G28 representing your self and send a AC21 letter.
Latter (God forbidden this does not happen to any one) but you get RFE, then you choose attorney. You explain that you are represting your self and now need attorneys help. Now who is going to sue this attorney.
This is all B*** S**t to make money or to fear people. I know people who have used G28 representing them selves and got GC. my self I am using a attorney, coz he did not charge more and he said in case you are not satisfied you can always use different lawyer. And all that he has charged is $500.00 and if he is not up to the mark then I would find a differnet attorney. $500 is not a huge sum.
So, good luck and find a better attorney.
I am talking to different lawyers for using AC21 - new position title and functions are almost similar with similar salaries in the same region, old employer might revoke the approved I140 but 180 days are over and I140 is approved - couple lawyers mentioned that the case is straight forward but still mentioned that they are not going to take the case because they decided not to do AC21 in many cases. Reason they mentioned is that underlying I485 is not filed by them and if its rejected for any reason there is a chance of mal-practise suit against them. The fact that they didnt do anything after taking the case might work against them. Their current insurance against mal-practise is not enough to cover these types of instances. I found the argument a bit weird but wondering if anyone else heard same - I heard this from 2 of the 3 lawyers I called locally.
- kishdam
kishdam,
Logically thinking, first thing 485 is your petition.
you are giving them the right to act on your behalf.
There is nothing that an employer has provided except the offer letter.
Now you are using new employers offer letter, how in the world would an old employer sue this attorney. This is your petition and not employers petition.
Scenario:
What if you use G28 representing your self and send a AC21 letter.
Latter (God forbidden this does not happen to any one) but you get RFE, then you choose attorney. You explain that you are represting your self and now need attorneys help. Now who is going to sue this attorney.
This is all B*** S**t to make money or to fear people. I know people who have used G28 representing them selves and got GC. my self I am using a attorney, coz he did not charge more and he said in case you are not satisfied you can always use different lawyer. And all that he has charged is $500.00 and if he is not up to the mark then I would find a differnet attorney. $500 is not a huge sum.
So, good luck and find a better attorney.
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ps57002
10-11 05:25 PM
Wish I could say something to help those who missed feel better. I was fortunate. My PERM (atlanta center which is another slow goer but nowhere like BECs) got approved on Aug 14. I filed aug 17 but don't think I submitted all needed docs due to unavailabilty of some. I saw some people at Atlanta center wait for much longer than PERM should take and they gave up. My heart goes out to everyone. We do need to become involved with IV...be it those who are ahead in the game, be those stuck in Atlanta PERM, be those stuck in BEC and/or coming out of it now. Each and every person must join so as to fix this broken immigration system. People are stuck in differnet stages and it's not fair, so do get involved and help IV in helping you.
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rajs
12-27 12:31 AM
my PD is april 2001
and still waiting , & when we call ins we get a letter
still in processing time :(
what can we do?
and still waiting , & when we call ins we get a letter
still in processing time :(
what can we do?
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akred
07-14 09:23 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!!!
So let me guess, your parent applied under 245(i) in 2001 and thats why you have aged out. No thanks, that 245(i) amnesty has caused us enough problems with the labor certification backlogs.
So let me guess, your parent applied under 245(i) in 2001 and thats why you have aged out. No thanks, that 245(i) amnesty has caused us enough problems with the labor certification backlogs.
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Pineapple
12-26 04:35 PM
First of all, not everyone here is from India. Second, not everyone here is from programming/IT background. It is easy to make that assumption, but believe me, there are plenty of non-indians, or non-IT people, and even non-Indian, non-IT people here. :D
For these, what is or is not happening in Bangalore is completely irrelevant.
Second, people who are still here have already decided where they want to be. (Which is why they are on the forum in the first place). People change countries for more reasons than just following the next IT boom.
Anyway, regarding impact on opportunities here, there is a common misconception that companies have unlimited access to talent in other countries, and the only limiting factor is the quota of H1B visas.
Not true, by a long shot.
To give a simple example, our company is looking for people in Australia, Denmark, Finland, Canada and UK since the pool of qualified people in India has dried up in our field. Can anyone guess where is the biggest talent pool? Nope, not in Bangalore, its right here in USA!! Not all companies are looking for the cheapest person. They are looking for the best person. And in many cases, the best person is already here, and has gathered more experience over the years working for US companies. But they cannot hire her, simply because she is on a visa and thereby beholden to another company. If she had a GC, that would free up the talent pool and thereby make many companies less reliant on H1Bs. Increasing GCs for EB candidates has the same effect as increasing H1 quota, with the added benefit of making the cream of the crop available and reducing the uncertainty and hassle of hiring an H1.
When you outsource, you lose this talent pool which is already sitting in your backyard. You may still outsource, of course, but the most cost effective solution would be to hire the top talent already here. This is especially true in professions which do not work very well in outsourced situations, like business consulting, marketing, management etc.
This is why it is in the best interest of companies to support EB GCs.
For these, what is or is not happening in Bangalore is completely irrelevant.
Second, people who are still here have already decided where they want to be. (Which is why they are on the forum in the first place). People change countries for more reasons than just following the next IT boom.
Anyway, regarding impact on opportunities here, there is a common misconception that companies have unlimited access to talent in other countries, and the only limiting factor is the quota of H1B visas.
Not true, by a long shot.
To give a simple example, our company is looking for people in Australia, Denmark, Finland, Canada and UK since the pool of qualified people in India has dried up in our field. Can anyone guess where is the biggest talent pool? Nope, not in Bangalore, its right here in USA!! Not all companies are looking for the cheapest person. They are looking for the best person. And in many cases, the best person is already here, and has gathered more experience over the years working for US companies. But they cannot hire her, simply because she is on a visa and thereby beholden to another company. If she had a GC, that would free up the talent pool and thereby make many companies less reliant on H1Bs. Increasing GCs for EB candidates has the same effect as increasing H1 quota, with the added benefit of making the cream of the crop available and reducing the uncertainty and hassle of hiring an H1.
When you outsource, you lose this talent pool which is already sitting in your backyard. You may still outsource, of course, but the most cost effective solution would be to hire the top talent already here. This is especially true in professions which do not work very well in outsourced situations, like business consulting, marketing, management etc.
This is why it is in the best interest of companies to support EB GCs.
mammoy2k
09-10 12:49 PM
When I used term misguide, I was reffering to "I-140 Approval". Here is another attempt to clarify:
If you concurrently filed your application and if it is more than 180 since you filed and your I-140 is not approved yet, then can you use AC21? The answer is yes as per Yates memo. Even though your I-140 is not approved at the time you invoked AC21, USCIS while adjudicating the petition should determine whether the I-140 was approvable at the time of filling? Please read the memo, if you have not done so.
In nutshell, I-140 approval is not required for invoking AC21, if application was filed concurrently and has been pending for 180 days or more. Attorneys ask you to remain in your job, so as to minimize the risk.
Kindly see the context of the post and please read the post completely before going ballistic �
I am not talking about the requirements for concurrent filing. Yes, everybody knows that I-140 and I-485 could be filed together, hence the word �concurrent�.
However, approved I-140 is required for invoking AC-21 to change employer after 180 days of 485 receipt.
If you want to change employer without consideration to the salary, be my guest. I am simply trying to relay what I have learnt from discussions with 4 top attorneys in the country. If you have any doubt, speak to an attorney. But you are welcome to do whatever you find is best for you. I have changed employer using AC-21 and simply attempting to provide the information about practical implication/ramifications of AC-21 from my experience and knowing. As always, you are welcome to do whatever you deem fit in your case.
If you concurrently filed your application and if it is more than 180 since you filed and your I-140 is not approved yet, then can you use AC21? The answer is yes as per Yates memo. Even though your I-140 is not approved at the time you invoked AC21, USCIS while adjudicating the petition should determine whether the I-140 was approvable at the time of filling? Please read the memo, if you have not done so.
In nutshell, I-140 approval is not required for invoking AC21, if application was filed concurrently and has been pending for 180 days or more. Attorneys ask you to remain in your job, so as to minimize the risk.
Kindly see the context of the post and please read the post completely before going ballistic �
I am not talking about the requirements for concurrent filing. Yes, everybody knows that I-140 and I-485 could be filed together, hence the word �concurrent�.
However, approved I-140 is required for invoking AC-21 to change employer after 180 days of 485 receipt.
If you want to change employer without consideration to the salary, be my guest. I am simply trying to relay what I have learnt from discussions with 4 top attorneys in the country. If you have any doubt, speak to an attorney. But you are welcome to do whatever you find is best for you. I have changed employer using AC-21 and simply attempting to provide the information about practical implication/ramifications of AC-21 from my experience and knowing. As always, you are welcome to do whatever you deem fit in your case.
buddyinsd
01-26 02:02 AM
It looks like guys from AP are running away from all the mess their state is currently in. On one hand there's that YSR's son trying to create havoc for the ruling Govt. His dad and himself being the most corrupt politicians the state has ever seen. On the other hand, there's this filthy congress high command trying to counter him. Its like CORRUPT1 vs CORRUPT2 trying to get the throne so that they can remain CORRUPT. And in the wings are parties like TDP, TRS and PRP --- Really, is there a political party in AP (or even India) where one can call it corrupt free? ha ha
I'm not a gulti, but I don't think u can really blame them :). Unfortunate but true :mad:
I'm not a gulti, but I don't think u can really blame them :). Unfortunate but true :mad:
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