iambest
09-11 07:01 PM
I am in!!
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chanduv23
10-21 03:08 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.
I have also heard from some members on forums that the merit of the case is taken into consideration when such a decision has to be made.
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.
I have also heard from some members on forums that the merit of the case is taken into consideration when such a decision has to be made.
aray
08-14 06:56 PM
I don't think its June 2007. If it means all EB3 categories and not just EB3 Mexico then it means June 2008
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485Mbe4001
02-01 04:19 PM
Do we have a meeting scheduled today? if yes at what time?
thanks,
thanks,
more...
ajju
09-04 12:28 PM
Had anybody have to send Driving License for filing extention of h1b?
I am not understanding if sending DL is an issue or your concern is just over why USCIS is even asking for it?? USCIS does lot of things in unexpected way.. so I won't be surprised...
I am not understanding if sending DL is an issue or your concern is just over why USCIS is even asking for it?? USCIS does lot of things in unexpected way.. so I won't be surprised...
ggyro
07-20 06:30 PM
Apparently, a similar attempt was made to attach it to HR 2669. The defense bill and ammendment in the defense bill stand (to the best of my knowledge)
more...
acecupid
09-13 01:16 PM
Hi All,
My Eb2 Perm Labor Approved. It took 2 months to get approved. It was filed on 07/09/2010 and approved on (email received by HR dept) 09/10/2010. This is just to share with all of you.
Thank you.
Wow!! Congratulations.... That was very fast indeed. Good luck with the rest of the process.
My Eb2 Perm Labor Approved. It took 2 months to get approved. It was filed on 07/09/2010 and approved on (email received by HR dept) 09/10/2010. This is just to share with all of you.
Thank you.
Wow!! Congratulations.... That was very fast indeed. Good luck with the rest of the process.
2010 Lindsay Lohan
seekerofpeace
07-18 04:21 PM
I have a question.
If I485 is considered for adjudication only if the PD is current. Then why are we all filing in a hurry since everything will retrogressed by Aug 1st and the RD may take 1.5 to 3 months to come when surely everything will be retrogressed. Does that mean in that situation even EADs and APs will stop.
My wife is on F1 and I am on EB2 (Jul 04), I am worried about her status. My lawyer said she can still continue as a student and that it is a grey area the school never comes to know that she is in transition...once she gets EAD ofcourse everything becomes fine.....But in the current situation that seems a distant possibility to get a RD let alone EADs. So should I just file for myself and let her stay as F1.
If I485 is considered for adjudication only if the PD is current. Then why are we all filing in a hurry since everything will retrogressed by Aug 1st and the RD may take 1.5 to 3 months to come when surely everything will be retrogressed. Does that mean in that situation even EADs and APs will stop.
My wife is on F1 and I am on EB2 (Jul 04), I am worried about her status. My lawyer said she can still continue as a student and that it is a grey area the school never comes to know that she is in transition...once she gets EAD ofcourse everything becomes fine.....But in the current situation that seems a distant possibility to get a RD let alone EADs. So should I just file for myself and let her stay as F1.
more...
santb1975
06-20 12:53 AM
Are we not reaching 20K even??
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chanduv23
03-02 12:46 PM
... its just an acknowledgement of reality as it stands today.
Of late I have started reading forums at R2ICLUB - R2ICLUB - Articles Front Page (http://www.r2iclubforums.com/) to get an idea of what it would take to go back to India. My last trip home was quite an eyeopener. Bombay has really improved a lot from what I saw last year and that much progress in a year was quite simply - amazing. I am guessing other metros in India (Delhi, B'lore, Hyd) are moving even faster since they dont have the typical politics that plagues Maharashtra.
Am I going to pack my bags and move tomorrow? Definitely not. But I'll definitely throw feelers out and see what kind of position I can get back home.
Good luck to all - whether you stay here or decide to go back or move to Canada or UK or EU or ....
I go to India atleast once every year and I agree that the urban infrastructure has changed a lot. But, such a change has created overcrowding in major cities which has lead to heavy pollution, rocketing inflation, high cost of living, and what not. You can get anything you want - best education, best food, best best best .... if you can afford.
During one of the trips couple of years back I did a casual interview at a huge software giant in Chennai just to guage how well I will fit. This was for a programming job in C++. Interview was rookie, intrerviewer was surprised why I want to come back because people actually seek such companies as route to US or UK and also made me feel that I may not be satisfied with the job if he has to offer.
So here is the thing. If you want to go back and lead a good life - I think it is a good idea provided you have very good education and experience and you get into the league of executives or you want to set up some booming business.
If you want to go back and work at a managerial level - you may not find things that interesting because of the affordibnility factor.
It is totally upto you to decide. If you look at urban infrastructure, India is developing, but in my opinion, the only way India can develop as a nation is by bringing about a change from the grassroots - change in beliefs, politics, innovations, products , hygene, uniform standards of living etc....
Of late I have started reading forums at R2ICLUB - R2ICLUB - Articles Front Page (http://www.r2iclubforums.com/) to get an idea of what it would take to go back to India. My last trip home was quite an eyeopener. Bombay has really improved a lot from what I saw last year and that much progress in a year was quite simply - amazing. I am guessing other metros in India (Delhi, B'lore, Hyd) are moving even faster since they dont have the typical politics that plagues Maharashtra.
Am I going to pack my bags and move tomorrow? Definitely not. But I'll definitely throw feelers out and see what kind of position I can get back home.
Good luck to all - whether you stay here or decide to go back or move to Canada or UK or EU or ....
I go to India atleast once every year and I agree that the urban infrastructure has changed a lot. But, such a change has created overcrowding in major cities which has lead to heavy pollution, rocketing inflation, high cost of living, and what not. You can get anything you want - best education, best food, best best best .... if you can afford.
During one of the trips couple of years back I did a casual interview at a huge software giant in Chennai just to guage how well I will fit. This was for a programming job in C++. Interview was rookie, intrerviewer was surprised why I want to come back because people actually seek such companies as route to US or UK and also made me feel that I may not be satisfied with the job if he has to offer.
So here is the thing. If you want to go back and lead a good life - I think it is a good idea provided you have very good education and experience and you get into the league of executives or you want to set up some booming business.
If you want to go back and work at a managerial level - you may not find things that interesting because of the affordibnility factor.
It is totally upto you to decide. If you look at urban infrastructure, India is developing, but in my opinion, the only way India can develop as a nation is by bringing about a change from the grassroots - change in beliefs, politics, innovations, products , hygene, uniform standards of living etc....
more...
mrdelhiite
06-22 03:06 PM
Login is uniqe for each employer. My login will not work for you.
so it is tied to your applied application.... can you not check someones elses application
-M
so it is tied to your applied application.... can you not check someones elses application
-M
hot Lindsay Lohan - Clive Davis
mirage
04-01 02:33 PM
Guys don�t presume you don�t have rights for this and that. late in spring of 2005 I had a meeting with my state�s senator and he took all my details and wrote to Backlog Center in Philadelphia. After 2 months his office called me and send me the correspondence they got from BEC. They had description about my file etc. my labor was cleared in a month after that. Apparently BECs informed his office about the approval too, and to my surprize they called me up again and told me the news. They are public office they are answerable to us, we need to ask�Mirage,
I think what Dard-E-Disco is pointing out is that, we are foreigners (Not citizens of the USA), therefore our rights are not the same as a US citizen.
We could create rallies, voice our concerns on this forum, write letters to congressmen and senators, etc etc etc, and that is fine, but we don't have any right to really ask particularly USCIS about their internal workings. I would assume that even US citizens are able to do what you are saying. There are certain levels of confidentiality specially in government that they will never share with anyone.
I think the same is true in your country.
How do think would your people or governmnet react if a foreigner in your country start to question your immigation policy.
Think about that.
I think what Dard-E-Disco is pointing out is that, we are foreigners (Not citizens of the USA), therefore our rights are not the same as a US citizen.
We could create rallies, voice our concerns on this forum, write letters to congressmen and senators, etc etc etc, and that is fine, but we don't have any right to really ask particularly USCIS about their internal workings. I would assume that even US citizens are able to do what you are saying. There are certain levels of confidentiality specially in government that they will never share with anyone.
I think the same is true in your country.
How do think would your people or governmnet react if a foreigner in your country start to question your immigation policy.
Think about that.
more...
house Linday Lohan#39;s Locks – Love
Macaca
10-01 10:00 AM
As illustrated below, since 1994 there have been over 218,000 un-recaptured employment-based visas lost due to underutilization of the employment-based visas."
Some unused EB #s were recaptured for families in following year. For example, in 1994 there were 29,430 (column 2) unused EB #s. However, 27,721 (= 253,721 (column 3) - 226,000 (family quota)) of these #s were recaptured for families. Thus, only 29,430 - 27,721 = 1,709 (column 4) were un-recaptured.
Also, 50,000 unused EB #s from 01-04 were recaptured for Schedule A.
Finally, unused EB #s in 99 and 00 were recaptured, hopefully for EB.
Thus, unused EB #s are more important then un-recaptured EB #s (mentioned above) since some of them have not been recaptured for EB.
The unused EB #s is 506,384 (total column 2) - 98,941 (99 recaptured for EB) - 31,098 (00 recaptured for EB) = 376, 345
Annual Report to Congress June 2007 (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf)
Some unused EB #s were recaptured for families in following year. For example, in 1994 there were 29,430 (column 2) unused EB #s. However, 27,721 (= 253,721 (column 3) - 226,000 (family quota)) of these #s were recaptured for families. Thus, only 29,430 - 27,721 = 1,709 (column 4) were un-recaptured.
Also, 50,000 unused EB #s from 01-04 were recaptured for Schedule A.
Finally, unused EB #s in 99 and 00 were recaptured, hopefully for EB.
Thus, unused EB #s are more important then un-recaptured EB #s (mentioned above) since some of them have not been recaptured for EB.
The unused EB #s is 506,384 (total column 2) - 98,941 (99 recaptured for EB) - 31,098 (00 recaptured for EB) = 376, 345
Annual Report to Congress June 2007 (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf)
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Libra
09-11 07:56 PM
anandsumit, anzerraja, laknar thank you for your contributions.
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Milind123
09-14 01:12 PM
Great job Milind!
Keep it up! You should be our "guest of honor" at the rally!
How about we build a "wooden" chair and carry you around at the rally? Not to mention lots of flower garlands! :)
What do you say folks?
Thanks dtekkedil. Now you are stopping me from coming to the rally. There are other people who deserve this honor more.
Keep it up! You should be our "guest of honor" at the rally!
How about we build a "wooden" chair and carry you around at the rally? Not to mention lots of flower garlands! :)
What do you say folks?
Thanks dtekkedil. Now you are stopping me from coming to the rally. There are other people who deserve this honor more.
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Libra
09-29 12:04 PM
only option is they can hire some people to process application on temp basis.
and the last recapture was a bill that was passed in congress.
efforts are on for a recapture. but the valid question raised is: how does a recapture help when USCIS can't even process 140,000 a year?
and the last recapture was a bill that was passed in congress.
efforts are on for a recapture. but the valid question raised is: how does a recapture help when USCIS can't even process 140,000 a year?
more...
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santb1975
05-29 12:30 AM
Let us keep going forward
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vikki76
07-06 01:54 AM
Thanks!. There were some skeptics on IV Forums who didn't believe that USCIS worked over weekend to approve 25,000 visas. :mad: Some people genuinely believed that USCIS made a clerical error in calculating visa number or some other nonsense excuse. Those who don't believe that this indeed is a scandal,should read Logiclife's excellent analysis on June 29th where he explains -how retrogression is NOT possible.
When we believe how it was not possible, and suddenly it did happen-of course things get clear.
When we believe how it was not possible, and suddenly it did happen-of course things get clear.
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CaliHoneB
09-08 10:29 AM
Came here in july 1997
filed LC in 2003 thinking it would be useful to stay on H1 as long as possible!! and the rest is on my profile..
I wonder if anybody thinks it makes sense to create a law which simply says after 15 (or some X years) of legal presence in the US you will be given a GC no matter the back ground! In that way we know exactly where the deadline is irrespective of some government agency's whim.
filed LC in 2003 thinking it would be useful to stay on H1 as long as possible!! and the rest is on my profile..
I wonder if anybody thinks it makes sense to create a law which simply says after 15 (or some X years) of legal presence in the US you will be given a GC no matter the back ground! In that way we know exactly where the deadline is irrespective of some government agency's whim.
pappu
08-01 12:58 PM
Hello everyone,
IV would like to submit op-ed articles written by IV members to various newspapers and websites . It maybe one more avenue for us to get our voices heard and generate awareness for our cause.
We would like to invite members who have good writing skills and can volunteer to write a few op-ed pieces for us. The information material is available on the resources section of the IV website. Let us know if you need any further information.I feel it should be as long as the yahoo news op-eds
You can choose to either bring out the human angle/statistical analysis/legislative issue/contributions by immigrants/or a combination of all. It depends on what you are most comfortable with and if you have a particular educational qualification/skill/job experience/family experience due to long GC wait you can choose to add that.
Please send this op-ed to me or the media team if you are interested.
for those who want to know what an op-ed is pls visit
http://en.wikipedia.org/wiki/Op-Ed
en.wikipedia.org/wiki/Op-Ed
IV would like to submit op-ed articles written by IV members to various newspapers and websites . It maybe one more avenue for us to get our voices heard and generate awareness for our cause.
We would like to invite members who have good writing skills and can volunteer to write a few op-ed pieces for us. The information material is available on the resources section of the IV website. Let us know if you need any further information.I feel it should be as long as the yahoo news op-eds
You can choose to either bring out the human angle/statistical analysis/legislative issue/contributions by immigrants/or a combination of all. It depends on what you are most comfortable with and if you have a particular educational qualification/skill/job experience/family experience due to long GC wait you can choose to add that.
Please send this op-ed to me or the media team if you are interested.
for those who want to know what an op-ed is pls visit
http://en.wikipedia.org/wiki/Op-Ed
en.wikipedia.org/wiki/Op-Ed
CADude
11-14 05:21 PM
It's call reseach topic.. We have to find some USCIS support documents for each case. We need some earlier USCIS decisions for each senarios/theories.
RG provided few supporting CIS rules in earlier post and seems logical. But not sure if RG or RK is right.
It's confusing indeed.
I went thru' both links posted above in thread.
It seems that according to RG, EAD will remain valid till the time to file appeal (MTR), once appeal is filed the applicant would be able to work. He also suggested to go on EAD to save any time remaining from initial 6 years.
According to RK, EAD will be invalidated, person is to be deported as soon as CIS denies 485 in error. He strongly suggest NOT TO GO on EAD if some one has H1 as an option.
According to Chandu's blog, RK seems to be correct; but then RG is also a very reputed and experienced immigration lawyer.
What is correct? Both are 180 degree opposite to each other? Any one?
RG provided few supporting CIS rules in earlier post and seems logical. But not sure if RG or RK is right.
It's confusing indeed.
I went thru' both links posted above in thread.
It seems that according to RG, EAD will remain valid till the time to file appeal (MTR), once appeal is filed the applicant would be able to work. He also suggested to go on EAD to save any time remaining from initial 6 years.
According to RK, EAD will be invalidated, person is to be deported as soon as CIS denies 485 in error. He strongly suggest NOT TO GO on EAD if some one has H1 as an option.
According to Chandu's blog, RK seems to be correct; but then RG is also a very reputed and experienced immigration lawyer.
What is correct? Both are 180 degree opposite to each other? Any one?
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