pcs
11-12 09:57 PM
It not about law... it is about following the law...
If you want quick action shoot letters ALL AT THE SAME TIME.... Just decide the name and the address of recipients .... Attach the copy of the rule and write the letter .....
Just make enough noise so that they can not ignore this rule...
If you want quick action shoot letters ALL AT THE SAME TIME.... Just decide the name and the address of recipients .... Attach the copy of the rule and write the letter .....
Just make enough noise so that they can not ignore this rule...
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va_labor2002
07-24 08:47 AM
To the core group/Senior Members,
If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.
Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.
Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.
Any thoughts ??
I totally agree with you. USCIS can take a decision without any BILL from the congress. I already sent a letter to USCIS director. I think IV should contact USCIS director and ask help regarding retrogression. We ,5000 members, can send letters to USCIS director and WHitehouse. They will listen to us.
Good luck..
If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.
Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.
Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.
Any thoughts ??
I totally agree with you. USCIS can take a decision without any BILL from the congress. I already sent a letter to USCIS director. I think IV should contact USCIS director and ask help regarding retrogression. We ,5000 members, can send letters to USCIS director and WHitehouse. They will listen to us.
Good luck..
sunty
11-11 10:28 AM
vin13,
I am aware getting participation from the members is a tough one. But when people will sense a hint of success, they will come.
The biggest example is IV itself. When Aman founded this, it was just a small website for people to discuss EB immigration issues facing them. Look at IV now.
Similarly, we have to start somewhere. Recapture and CIR are far dreams for now. At this point, if we can do anything to have any sort of respite, it would be a good thing...
I am aware getting participation from the members is a tough one. But when people will sense a hint of success, they will come.
The biggest example is IV itself. When Aman founded this, it was just a small website for people to discuss EB immigration issues facing them. Look at IV now.
Similarly, we have to start somewhere. Recapture and CIR are far dreams for now. At this point, if we can do anything to have any sort of respite, it would be a good thing...
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.soulty
03-11 12:14 AM
bluesund.. your wireframes are different than the final render?
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kicca
08-29 02:11 PM
yes, it is the I485 STANDARD OPERATING PROCEDURE...
StarSun
03-16 07:12 PM
VA/DC/MD members, please host members from out of states. Contact sukhwinderd (private message) or send him an email.......... 2011carpool@gmail.com Lots of members are asking for hosts......
VA and MD chapter leaders, please post this information in your state chapters, encourage people to open their homes to fellow members.
VA and MD chapter leaders, please post this information in your state chapters, encourage people to open their homes to fellow members.
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sweet_jungle
03-12 01:08 PM
I am a july 2nd filer and have changed job 2 times in the past one month and I have no intention to let know USCIS because
a) There is no mandatory law that states that we should do it.
b) I personally feel that sending AC21 documents will trigger an RFE for sure,(in the other case, there are chances that u may not get this).
c) Lawyer is asking for $1500 for doing nothing on this.
d) I am prepared to deal with the RFE if it comes thru.
All of the above I did for changing my 7 year old employer who exactly knew that I cannot change job and kept me in the same position for 7 years even though I was exemplary in my job performance.
What about the H1? Your sponsoring employer needs to revoke H1. Won't INS come to know through that?
a) There is no mandatory law that states that we should do it.
b) I personally feel that sending AC21 documents will trigger an RFE for sure,(in the other case, there are chances that u may not get this).
c) Lawyer is asking for $1500 for doing nothing on this.
d) I am prepared to deal with the RFE if it comes thru.
All of the above I did for changing my 7 year old employer who exactly knew that I cannot change job and kept me in the same position for 7 years even though I was exemplary in my job performance.
What about the H1? Your sponsoring employer needs to revoke H1. Won't INS come to know through that?
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pitha
06-12 07:53 AM
our chances of getting some relief are better if infact CIR dies. if cir dies there might be a chance for SKIL bill.Even if SKIL is not taken up no bill is better than this CIR authored by ron hira aka kennedy, durbin and kyl.
so what, what does CIR offers for us, legal immigrants who are already here, give me one instance where Bush addresses our issue
he does'nt even know we exist
CIR fooled us twice guys, letz getover with it and try to find another way to have our provisions,
we certainly don't need sweeping legislative chance to reduce retrogression
so what, what does CIR offers for us, legal immigrants who are already here, give me one instance where Bush addresses our issue
he does'nt even know we exist
CIR fooled us twice guys, letz getover with it and try to find another way to have our provisions,
we certainly don't need sweeping legislative chance to reduce retrogression
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luvschocolates
08-21 10:46 AM
I am NOT here illegally. I was told BY someone at USCIS when I submitted the first application that as long as I was submitting requested applications and the required fees, I was not considered an illegal alien. If that was the case, why has no one at USCIS ever told me that? They know where I live, who I live with and everything else they need to know, I have no secrets from them, but not once have I received a letter, phone call or anything else to request for me to leave. I guess those of you that are professionals or those who already have a green card, are better than people like myself who are considered blue collar. I don't receive a dime for what I do, room and board is it so therefore I am not taking away anything from Americans who were born in this country.
In 2003 when I arrived here, PASSPORTS WERE NOT REQUIRED. I had a birth certificate and valid driver's license, that is all customs asked for at the Toronto airport and that is all I gave them. IF passports were required, I would have gotten one, but since they were not, what was I to do? I am not from an overseas country and I have visited the US most of my life as a child and as an adult without any trouble and was never asked for a passport. All that changed in 2005 - not my fault.
I came here looking for some assistance but seem to have gotten a bunch of sarcastic comments that are really not helpful and weren't necessary.
It's funny how you make assumptions and you all are here for similar reasons and needed help at some point. As for not criticizing USCIS for doing their job right - I doubt you would say the same thing if you were my shoes. I do not appreciate the criticism or sarcasm, I thought this was supposed to be a place to get some help, I guess I was wrong.
I won't be back.
In 2003 when I arrived here, PASSPORTS WERE NOT REQUIRED. I had a birth certificate and valid driver's license, that is all customs asked for at the Toronto airport and that is all I gave them. IF passports were required, I would have gotten one, but since they were not, what was I to do? I am not from an overseas country and I have visited the US most of my life as a child and as an adult without any trouble and was never asked for a passport. All that changed in 2005 - not my fault.
I came here looking for some assistance but seem to have gotten a bunch of sarcastic comments that are really not helpful and weren't necessary.
It's funny how you make assumptions and you all are here for similar reasons and needed help at some point. As for not criticizing USCIS for doing their job right - I doubt you would say the same thing if you were my shoes. I do not appreciate the criticism or sarcasm, I thought this was supposed to be a place to get some help, I guess I was wrong.
I won't be back.
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ronhira
04-10 10:40 AM
Time and again I am telling. EB 3 problem is due to 245(i) cases. Once 245(i) primaries are over, their dependent will come into the picture, who are waiting back home. All 245(i) cases have PD before April 2001. For time being, EB3 I or Mexico move beyond April 01 but again retrogress back to the April 01 when cases are accumulate at CP. This is the reason why EB3 I and Mexico is not moving since last many years.
If some one is not convince with me, request under FOIA
1. How many cases filed under 245(i) in India, Mexico, and ROW
2. How many cases filed under I 824 Follow to Join since 2007?
what r u...... y don't u file foia to prove your twisted racist theories.... y r u always attacking mexican immigrants or 245(i)...... 245(i) was a LEGAL provision in the law...... who made that law..... congress....... assuming any merit to u'r racist theory.... y r u faulting the people who filed 245(i)..... y not fault the congress for passing 245(i) & not passing immigration bill....
If some one is not convince with me, request under FOIA
1. How many cases filed under 245(i) in India, Mexico, and ROW
2. How many cases filed under I 824 Follow to Join since 2007?
what r u...... y don't u file foia to prove your twisted racist theories.... y r u always attacking mexican immigrants or 245(i)...... 245(i) was a LEGAL provision in the law...... who made that law..... congress....... assuming any merit to u'r racist theory.... y r u faulting the people who filed 245(i)..... y not fault the congress for passing 245(i) & not passing immigration bill....
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bestia
08-15 04:11 PM
DOS/USCIS learned to do copy and paste :) "01JAN07"
And more serious.. it means that not all visas "were made available". So there are still unused visas. Good news for some BEC folks thought.
And more serious.. it means that not all visas "were made available". So there are still unused visas. Good news for some BEC folks thought.
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msyedy
06-13 01:23 PM
Senthil1, Pineapple
Please let us not sound harsh and have a bipartisan :D discussion. It is just my statement I do not disagree with neither of you.
Rule 2
You mean Microsoft and Google and other companies want to stop outsourcing. They would not have build a huge team in india if they wanted to do this. The point that you are missing is that they need H1-Bs here because no american born is availabe here to fill those positions.
Read my statement thoroughly.
Big consulting companies(Bearing point....my list will go on) that are plenty in the US who hire and fire H1-B and american born if they cannot find another client for them after few days.
What will happen to these companies .. they have to shut down
Rule 2 will be a disaster for all these companies.
These companies do not go to india to get H1-B's they get them when they come here brought by india Desi companies.
It will be a mess. You might be talking about one company that will never displace and american and will garauntee an employee that he will never be fired once hired : Give me a break.
What exactly is your point Senthil?
If by reiterating (over and over) the "evilness" of "desi" companies insofar as impacting American workers is concerned and justifying absurdly and obviously restrictionist bills on the fond hope that it would have minimal impact on the "good" American companies who hire H1s in the exception, you wish to make it clear that you are an employee of the latter set of companies, you have certainly made your point, and do not need 364 posts to hammer it it.
Ladies and gentlemen, Senthil is a genuine, bona fide high skilled person working for an honest American company which has high ethical standards, and is not, repeat, NOT displacing any son of the soil American.
There - you can relax now.
Please let us not sound harsh and have a bipartisan :D discussion. It is just my statement I do not disagree with neither of you.
Rule 2
You mean Microsoft and Google and other companies want to stop outsourcing. They would not have build a huge team in india if they wanted to do this. The point that you are missing is that they need H1-Bs here because no american born is availabe here to fill those positions.
Read my statement thoroughly.
Big consulting companies(Bearing point....my list will go on) that are plenty in the US who hire and fire H1-B and american born if they cannot find another client for them after few days.
What will happen to these companies .. they have to shut down
Rule 2 will be a disaster for all these companies.
These companies do not go to india to get H1-B's they get them when they come here brought by india Desi companies.
It will be a mess. You might be talking about one company that will never displace and american and will garauntee an employee that he will never be fired once hired : Give me a break.
What exactly is your point Senthil?
If by reiterating (over and over) the "evilness" of "desi" companies insofar as impacting American workers is concerned and justifying absurdly and obviously restrictionist bills on the fond hope that it would have minimal impact on the "good" American companies who hire H1s in the exception, you wish to make it clear that you are an employee of the latter set of companies, you have certainly made your point, and do not need 364 posts to hammer it it.
Ladies and gentlemen, Senthil is a genuine, bona fide high skilled person working for an honest American company which has high ethical standards, and is not, repeat, NOT displacing any son of the soil American.
There - you can relax now.
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Springflower
10-25 11:32 AM
PD is March 2004 / EB3 India / I 140 Approved / 485 Pending
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coolmanasip
03-07 11:54 AM
Please read my scrap carefully.....I did say that you need a letter from the company stating that they will employ you on a full time permenant position upon receiving your green card!.....However, you do not need any other support like ability to pay, labor certifications, etc.
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logiclife
01-31 04:33 PM
If I-140 has been approved, would it still be fine to apply for transfer from H1-B to F1 status by using form I-539 & university issued I-20 ? How long does it take to transfer status from H1B to F1 ? When can one start school �. Only after I-539 approval or after only applying ?
For pursuing an MBA, does it matter if one is on F1 or H4 (spouse is on separate H1)
How long does it take to transfer status from H1B to H4 ?
You seem to be planning a very elaborate move here from H1 to F1 to H4, or whatever.
You need a lawyer otherwise coz one mistake will take away several years of your career. And no case is identical to another one, so what applies to someone else may not apply to you.
For pursuing an MBA, does it matter if one is on F1 or H4 (spouse is on separate H1)
How long does it take to transfer status from H1B to H4 ?
You seem to be planning a very elaborate move here from H1 to F1 to H4, or whatever.
You need a lawyer otherwise coz one mistake will take away several years of your career. And no case is identical to another one, so what applies to someone else may not apply to you.
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ajthakur
07-14 06:24 PM
Thanks Ramba. I appreciate your positive comments. I guess the only doubt now is to find out a way whether employer had revoked my 140 before 180 days? If they didnt I am 100% safe now.
The fundamental rule (for getting GC) is the longterm intent of having permanent employment relationship between employer and employee at the time of filing 140 and 485 (see the Q&A). The intet has to be "at the time of filing" only. The employee has worked 3 years in H1B for thr sponser. It clearly establishes the both party's intent at the time of filing. So, even if the employer revokes his approved 140, he is 100% safe.
The fundamental rule (for getting GC) is the longterm intent of having permanent employment relationship between employer and employee at the time of filing 140 and 485 (see the Q&A). The intet has to be "at the time of filing" only. The employee has worked 3 years in H1B for thr sponser. It clearly establishes the both party's intent at the time of filing. So, even if the employer revokes his approved 140, he is 100% safe.
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truthinspector
04-08 07:10 AM
I don't understand the IO calling Client part. What if (like most of us do) the person was traveling on a weekend? Is the client supposed to be on call for the IO?Besides, even if it is so, answering NO to that question implies fraud on behalf of the Client too.
I know a person who was sent back; IO called the end client to verify his employment and asked if they could hire american worker instead, when the employer said they could, IO sent him back. I think they are only going after H1's working for smaller consulting companies.
You may write it off as a rumor, so be it, but IV needs to step in and take necessary action.
I know a person who was sent back; IO called the end client to verify his employment and asked if they could hire american worker instead, when the employer said they could, IO sent him back. I think they are only going after H1's working for smaller consulting companies.
You may write it off as a rumor, so be it, but IV needs to step in and take necessary action.
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vagish
07-16 06:16 PM
Following up on the NYTimes article about the NumbersUSA group, I visited their website and saw that they have a free FAX program where they can easily send faxes to their senators.
One of their fax letters is below, which is a complete mis-representation of truth - look at point #2.
================================
Dear [This fax will go to Your U.S. Senators and U.S. Representative ]
I oppose any increase in the annual H-1B visa cap, including those in the SKIL Act. I am counting on you to oppose it.
Here are just a few reasons why I hope you will oppose the SKIL Act:
(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
The result of the SKIL Act would be to further depress the wages of Americans working in high-tech and scientific fields and to cause additional job displacement for those workers.
Sincerely, [Your Name Will Appear Here]
==============================================
Is there any way we could let the senators know that this is complete lie, misinformation and mis-representation of facts?. We should also let the senators know that the credibility of these organizations are questionable and following the news/faxes from these organizations would in turn put the credibility of these senators at a BIG RISK. We also should let the senators know that these groups are artificially "hiking" up the count by sending in duplicate faxes.
Also, I recommend creating a similar page in IV website, where we can have an automated 1-2-3 STEP fax facility where we can automatically fax a letter to senators. It should be as simple as selecting the state and pressing the Send Fax button. Please let me know if you need any programming help from me.
Thanks,
Sanjay.
IT IS A SCREWED UP ORGANIZATION !!!!!!!!!
One of their fax letters is below, which is a complete mis-representation of truth - look at point #2.
================================
Dear [This fax will go to Your U.S. Senators and U.S. Representative ]
I oppose any increase in the annual H-1B visa cap, including those in the SKIL Act. I am counting on you to oppose it.
Here are just a few reasons why I hope you will oppose the SKIL Act:
(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
The result of the SKIL Act would be to further depress the wages of Americans working in high-tech and scientific fields and to cause additional job displacement for those workers.
Sincerely, [Your Name Will Appear Here]
==============================================
Is there any way we could let the senators know that this is complete lie, misinformation and mis-representation of facts?. We should also let the senators know that the credibility of these organizations are questionable and following the news/faxes from these organizations would in turn put the credibility of these senators at a BIG RISK. We also should let the senators know that these groups are artificially "hiking" up the count by sending in duplicate faxes.
Also, I recommend creating a similar page in IV website, where we can have an automated 1-2-3 STEP fax facility where we can automatically fax a letter to senators. It should be as simple as selecting the state and pressing the Send Fax button. Please let me know if you need any programming help from me.
Thanks,
Sanjay.
IT IS A SCREWED UP ORGANIZATION !!!!!!!!!
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msgrewal81
02-18 06:04 PM
I agree. it makes things easier for illegals and difficult(LC process) for legals.
I have Punjabi background. My uncles came to this country illegally. they always make fun of me that why I came legally. They were all given green cards by Reagan and Clinton.:mad:
I have Punjabi background. My uncles came to this country illegally. they always make fun of me that why I came legally. They were all given green cards by Reagan and Clinton.:mad:
bharani
10-17 11:08 AM
Just mailed the letter.
desi3933
02-09 03:14 PM
And reply you will never get.
141,020 visa numbers used in FY2009
http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf
Look at the last page.
The worldwide level for annual employment-based preference immigrants is 140,000. So the usage was actually more.
__________________
Not a legal advice.
141,020 visa numbers used in FY2009
http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf
Look at the last page.
The worldwide level for annual employment-based preference immigrants is 140,000. So the usage was actually more.
__________________
Not a legal advice.
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