java98
08-12 07:41 PM
I complete agree with your ideas and effort.
Please count me in.
God Bless you all
Please count me in.
God Bless you all
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alterego
07-15 10:30 AM
Ramba,
"and the alien must have intended to undertake the employment, upon adjustment"
That is the line that is the big caveat in this question. You must demonstrate to the adjudicating officer(to his/her satisfaction) that you plan to go back to your petitioning employer once your green card is approved. Either that or you invoke the AC21 statute by fulfilling those requirements.
This answer was speaking to that point.
A withdrawn 140 is a bad news on either front. Especially when it happens with the future intent clause, then how can you say you and the employer still have intent. It won't fly with the adjudicator.
With the AC21, if the 180 days has passed then 140 withdrawal often still does lead to RFE and sometimes outright denial but the MTR and appeal process can be successful on the grounds of AC21 portability rules. There are people on this forum with such experiences. Try searching for it.
Once again, this is a delicate situation and the poster is best served with good legal counsel. We are all of course giving our best layman interpretations here.
"and the alien must have intended to undertake the employment, upon adjustment"
That is the line that is the big caveat in this question. You must demonstrate to the adjudicating officer(to his/her satisfaction) that you plan to go back to your petitioning employer once your green card is approved. Either that or you invoke the AC21 statute by fulfilling those requirements.
This answer was speaking to that point.
A withdrawn 140 is a bad news on either front. Especially when it happens with the future intent clause, then how can you say you and the employer still have intent. It won't fly with the adjudicator.
With the AC21, if the 180 days has passed then 140 withdrawal often still does lead to RFE and sometimes outright denial but the MTR and appeal process can be successful on the grounds of AC21 portability rules. There are people on this forum with such experiences. Try searching for it.
Once again, this is a delicate situation and the poster is best served with good legal counsel. We are all of course giving our best layman interpretations here.
whiteStallion
09-10 04:48 PM
Talking about horses and your user id WhiteStallion is surreal. Dude looks like they are after all discussing a bill right up your alley :D
No offence. Just Kidding!!
I know! No offence taken!
I wish I could benefit from these lousy discussions(in the senate) about horses or legal immigrants in some way... Seems its now happening today !
No offence. Just Kidding!!
I know! No offence taken!
I wish I could benefit from these lousy discussions(in the senate) about horses or legal immigrants in some way... Seems its now happening today !
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Jaime
09-28 05:44 PM
Having worked for short periods of time in Germany and Netherlands, I would say that they very much make you feel that you are a foreigner, you can never fit in and are most unwelcome in the country. What irked me is the attitude that they will take your money gladly but don't want you there.
In fact when I was looking for accomodation in Stuttgart the first thing the landlords asked me was "When are you going to leave?".
The US may have it's faults, but I've never been asked that question by property owners, only by consulate officers.
No thanks, I would rather move back to India than work as a third-class citizen in Europe. :mad:
Somebody said our own Asian migrants are against us. I can see their viewpoint. We are perceived to pose a threat to the well-being of their children and they do have a sense of entitlement just because they happened to come here earlier. Can't change that attitude. We can also see that in some people who haven't yet got their green cards or are newly minted resident "aliens". E.g. Entitlement due to Master's degree from US, Consultants vs FTE, Desi company consultants vs American company consultants etc. Did we ever stop and think that the system does not even need to play "Divide and Conquer" in a house already divided?
I frankly think that to an average joe in the US all of us are just another brown guy or chinaman etc. (apologies to the non Asian members of IV) and we don't need to feel that we are somehow superior to the other immigrant.
Sorry that happened to you in Europe. About the U.S. Average Joe, I need to tell you my point of view. I've lived in the U.S. for more than half my life and I have come to know Americans. While many are the way you described, no two persons are alike, and there are many great people in this country who see us as individuals and love us for who we are. Stay away from the bad crowd and look for those good people. They are out there!
In fact when I was looking for accomodation in Stuttgart the first thing the landlords asked me was "When are you going to leave?".
The US may have it's faults, but I've never been asked that question by property owners, only by consulate officers.
No thanks, I would rather move back to India than work as a third-class citizen in Europe. :mad:
Somebody said our own Asian migrants are against us. I can see their viewpoint. We are perceived to pose a threat to the well-being of their children and they do have a sense of entitlement just because they happened to come here earlier. Can't change that attitude. We can also see that in some people who haven't yet got their green cards or are newly minted resident "aliens". E.g. Entitlement due to Master's degree from US, Consultants vs FTE, Desi company consultants vs American company consultants etc. Did we ever stop and think that the system does not even need to play "Divide and Conquer" in a house already divided?
I frankly think that to an average joe in the US all of us are just another brown guy or chinaman etc. (apologies to the non Asian members of IV) and we don't need to feel that we are somehow superior to the other immigrant.
Sorry that happened to you in Europe. About the U.S. Average Joe, I need to tell you my point of view. I've lived in the U.S. for more than half my life and I have come to know Americans. While many are the way you described, no two persons are alike, and there are many great people in this country who see us as individuals and love us for who we are. Stay away from the bad crowd and look for those good people. They are out there!
more...
nitlsu
04-04 11:16 AM
I don't think this bill would be of any consequence to the goal of IV unless they can maybe attach some GC-relief provisions to it.
In reality this bill will never ever make it to the full Senate floor. Corporate America will ensure that it dies the same kind of death as all the immigration related bills from last year.
In reality this bill will never ever make it to the full Senate floor. Corporate America will ensure that it dies the same kind of death as all the immigration related bills from last year.
immigrant2007
07-29 01:35 PM
Add CareFirst - Blue Cross Blue Shield
Legg Meson
All these companies take people on H1 and after an year of year an half they say they have changed policy and they can't file H1. They have big lawyers like M**** and R**** and those lawyers tell employers even if your employee is on 5th year and if you don't file GC (PERM) b4 365 days its alright.... we can send them out and re catpture time and all BS and ultimately employees suffer.... as they r in their 5th or some are in 6th year and are completely screwed up.
We should think of taking some legal actions...
advise forall my friends (ots free)
don't comprise on these things on job here:
GC
Salary
Position
Based on my experience here if you are good you will find your own way. Take everything in written or say no directly (it happens, no word of mouth)
Legg Meson
All these companies take people on H1 and after an year of year an half they say they have changed policy and they can't file H1. They have big lawyers like M**** and R**** and those lawyers tell employers even if your employee is on 5th year and if you don't file GC (PERM) b4 365 days its alright.... we can send them out and re catpture time and all BS and ultimately employees suffer.... as they r in their 5th or some are in 6th year and are completely screwed up.
We should think of taking some legal actions...
advise forall my friends (ots free)
don't comprise on these things on job here:
GC
Salary
Position
Based on my experience here if you are good you will find your own way. Take everything in written or say no directly (it happens, no word of mouth)
more...
va_dude
03-19 08:44 AM
Guys... can we drop the whole discussion about this guy's name.
It is no advisable to discuss such topics in public forums on the internet. These keywords attract unwarranted attention.
It is no advisable to discuss such topics in public forums on the internet. These keywords attract unwarranted attention.
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delax
07-14 07:14 PM
Murthy sent the letter after LOGICLIFE declared that something GOOD is likely or on the way.... IV is doing the job and she is getting the fruit (money)by just publishing it. When the lawsuit issue came up she took U-turn saying its AILA's job...
When i first came to US , i worked with a guy who used to Publish the results of my hardwork without even mentioning my name and get promotion. When i went to him for my promotion he said this year's promotion quota has exhausted .
Anyway i left that company and those kind thiefs ( who steal credit for other work) long back but the distressing memory of exploitation hasn't left my mind.
To a few of my misguided friends who seem to not understand the distinction between a lobbying outfit whose goal is to change existing law to better suit reality and a law firm whose goal is to work within existing law. As self-proclaimed proponents of "Gandhigiri" - I see its principles not being applied when dealing with each other. Is Gandhigiri meant only to show USCIS. Would the Mahatma have said the same things mentioned above before asking himself a few questions. I dont think we can question the motives and intention of anybody before fully knowing the facts. As a client of Murthy Law Firm here is a fact:
On her call last week for her clients, she mentioned that the Murthy Law Firm is one of the biggest financial contributor to AILF - who by the way are ready to file the class action lawsuit. If the lawsuit is successfull and given AILF's funding source - will you exclude yourself from the potential benefit because Murthy's funds were used to support the litigation - who's piggybacking now.
Again - Its not one against the other - Please bear in mind the DUE PROCESS of LAW has been violated by USCIS resulting in a curtailment of your substantive rights (EAD, Parole, AC21 etc). I would not care who fights on my behalf so long as the outcome is to correct the earlier mistake.
If you feel that she does not work for immigrants you have no locus standi to avail of ANY BENEFIT from the lawsuit and as a true proponent of "Gandhigiri" you should VOLUNTARILY exclude yourself from any such potential benefit. :)
I know the Mahatma would have done the same thing.
When i first came to US , i worked with a guy who used to Publish the results of my hardwork without even mentioning my name and get promotion. When i went to him for my promotion he said this year's promotion quota has exhausted .
Anyway i left that company and those kind thiefs ( who steal credit for other work) long back but the distressing memory of exploitation hasn't left my mind.
To a few of my misguided friends who seem to not understand the distinction between a lobbying outfit whose goal is to change existing law to better suit reality and a law firm whose goal is to work within existing law. As self-proclaimed proponents of "Gandhigiri" - I see its principles not being applied when dealing with each other. Is Gandhigiri meant only to show USCIS. Would the Mahatma have said the same things mentioned above before asking himself a few questions. I dont think we can question the motives and intention of anybody before fully knowing the facts. As a client of Murthy Law Firm here is a fact:
On her call last week for her clients, she mentioned that the Murthy Law Firm is one of the biggest financial contributor to AILF - who by the way are ready to file the class action lawsuit. If the lawsuit is successfull and given AILF's funding source - will you exclude yourself from the potential benefit because Murthy's funds were used to support the litigation - who's piggybacking now.
Again - Its not one against the other - Please bear in mind the DUE PROCESS of LAW has been violated by USCIS resulting in a curtailment of your substantive rights (EAD, Parole, AC21 etc). I would not care who fights on my behalf so long as the outcome is to correct the earlier mistake.
If you feel that she does not work for immigrants you have no locus standi to avail of ANY BENEFIT from the lawsuit and as a true proponent of "Gandhigiri" you should VOLUNTARILY exclude yourself from any such potential benefit. :)
I know the Mahatma would have done the same thing.
more...
dummgelauft
03-12 10:10 AM
To all those who are screaming and shouting about "IV collecting Donations and doing nothing", I am not a donor myself, but we have to understand that IV IS THE ONLY platform we (EB community) have. However shaky or small the platform is. It takes a different kind of person to doggedly keep at something as insipid and difficult and immigration relief for EB and to put up with all the brickbats that armchair immigration proponents and to be beneficiaries like us throw at the IV core.
Pappu, I have put forth this idea many times, and will do so again, let IV be a members only forum, with a REASONABLE annual subscrition amount (say equal to themonthly cost of a decent cable/satellite subscription:-)..
This will achieve the following:
(1) Assured, stable fund collection for IV activities
(2) Only genuine IV supporters will sign up.
(3) To some extent, may be, will keep antis away (this is not assured, but may happen)
...Its Friday, so pickup a 6-pack, 12 pack or whatever pack on your way home, and relax...
Pappu, I have put forth this idea many times, and will do so again, let IV be a members only forum, with a REASONABLE annual subscrition amount (say equal to themonthly cost of a decent cable/satellite subscription:-)..
This will achieve the following:
(1) Assured, stable fund collection for IV activities
(2) Only genuine IV supporters will sign up.
(3) To some extent, may be, will keep antis away (this is not assured, but may happen)
...Its Friday, so pickup a 6-pack, 12 pack or whatever pack on your way home, and relax...
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mpelland
03-02 04:00 PM
i am going to have to sadly bow out of this . got a lil done but don't have the time. have fun everyone
more...
jonty_11
06-12 02:35 PM
it is very easy to say - support CIR and get our ammendments attached to CIR...we were not even able to put forth our ammdmt on the floor last time around....It is not as easy as 1-2-3 ...
SUpport BILL - Get Ammdt attached- Live happily ever after....
NUmber 2 above - Getting Ammddt attached - is next to impossible given the anti immigrant mood already persistant in senators (due to so many provisions for illegals) and also the Anti H1B lobbying thats been going on.
Remember we are always grouped with H1B folks, when it comes to GC
SUpport BILL - Get Ammdt attached- Live happily ever after....
NUmber 2 above - Getting Ammddt attached - is next to impossible given the anti immigrant mood already persistant in senators (due to so many provisions for illegals) and also the Anti H1B lobbying thats been going on.
Remember we are always grouped with H1B folks, when it comes to GC
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praveenuppaluri
03-11 11:20 PM
after all the hype and tensions running high among IVans....
EB2 no change and EB3 moved by 3 months - so much for spillovers..
and the article in the OP message starts as "We are pleased to announce the April 2010 cut-off dates ...." damnn.. sure they are pleased with themselves.. :mad:
EB2 no change and EB3 moved by 3 months - so much for spillovers..
and the article in the OP message starts as "We are pleased to announce the April 2010 cut-off dates ...." damnn.. sure they are pleased with themselves.. :mad:
more...
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ramee
06-28 11:29 PM
Thank you Dhundhun.
For some reason I thought the difference between Welcome Email and Card Ordered email is only couple of days.
For some reason I thought the difference between Welcome Email and Card Ordered email is only couple of days.
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eastindia
08-03 10:07 AM
Yea sure, I'd like to see all the high skilled kings that have been made by companies.
It is a fallacy that skill, intellect or IQ has meaning/importance in the US.
At the end of the day, you are just another desk jockey.
If you are just another desk jockey, your company made a big mistake sponsoring your H1. H1 visa is only given to people in high demand with special skills where company cannot find a US citizen. Greencard is sponsored by a company when company proves that no USA citizen is available to do your job despite lot of advertising for many months. It is company wanting to keep you permanent instead of just 6 years and not you demanding to be permanent. This is Employment based Green card where employer sponsors you. You do not sponsor yourself unless you are extraordinary in EB1 and world's best. Why can't people get over this and stop demanding greencard as their right. Greencard is a benefit you get for having specialized skills that are in high demand in the job you do. If you think you are unique and no American can replace you after giving ads for several months, what is stopping you from finding another company and challenging them to try advertising for few months for your position. If they find someone, you will happily quit the job and vacate for the American citizen. And if they do not find someone, then they should sponsor you for Greencard. Do you have such courage to talk to HR or CEO of your company?
It is a fallacy that skill, intellect or IQ has meaning/importance in the US.
At the end of the day, you are just another desk jockey.
If you are just another desk jockey, your company made a big mistake sponsoring your H1. H1 visa is only given to people in high demand with special skills where company cannot find a US citizen. Greencard is sponsored by a company when company proves that no USA citizen is available to do your job despite lot of advertising for many months. It is company wanting to keep you permanent instead of just 6 years and not you demanding to be permanent. This is Employment based Green card where employer sponsors you. You do not sponsor yourself unless you are extraordinary in EB1 and world's best. Why can't people get over this and stop demanding greencard as their right. Greencard is a benefit you get for having specialized skills that are in high demand in the job you do. If you think you are unique and no American can replace you after giving ads for several months, what is stopping you from finding another company and challenging them to try advertising for few months for your position. If they find someone, you will happily quit the job and vacate for the American citizen. And if they do not find someone, then they should sponsor you for Greencard. Do you have such courage to talk to HR or CEO of your company?
more...
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reddog
07-24 09:44 AM
As in, if you have a delivery confirmation from Fedex/UPS does it have any significance? It is still not clear if it will be accepted/ rejected AFAIK.
Have there been any applications that were not even "accepted" because the "packet" suggested it was an AOS application?
More likely, applications can be rejected for being "improperly filed" but you would only come to know about it whenever they are rejected. No one would know this in advance, so no point worrying about it.
This is probably about those people whose packets were returned by USCIS, I know someone whose packet was returned. These people will have to refile(ofcourse). They could not have rejected a case filed on July 2nd(too less a time to open and see if the required documents are in order).
Have there been any applications that were not even "accepted" because the "packet" suggested it was an AOS application?
More likely, applications can be rejected for being "improperly filed" but you would only come to know about it whenever they are rejected. No one would know this in advance, so no point worrying about it.
This is probably about those people whose packets were returned by USCIS, I know someone whose packet was returned. These people will have to refile(ofcourse). They could not have rejected a case filed on July 2nd(too less a time to open and see if the required documents are in order).
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YesGC_NoGC
04-10 06:10 PM
ISit possible to split pre Jan 2003 to 3 or 4 categories?or is it too late...
What is your EB3-India PD (I-485 either pending, or not yet filed)
What is your EB3-India PD (I-485 either pending, or not yet filed)
more...
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jsb
08-11 09:21 AM
We need our messiah VLDRAO...
He s the MANNNN...
he predicted July 2007 fiasco and then he was the guy who fought for us...
VLDRAOOO where are you...
Please make dates current for everybody...
Making dates current for everybody will benefit new members (those could not file in July/Aug 07). For you with Nov 04 PD in EB2, and others waiting with I-485 filed, it will create a chaos. USCIS folks will get green to pick any file at random and issue GC's, then we all be unhappy.
They should move cutoff dates in an orderly manner without retrogressing them in the future. Retrogression pains more than no or little cutoff date movement.
He s the MANNNN...
he predicted July 2007 fiasco and then he was the guy who fought for us...
VLDRAOOO where are you...
Please make dates current for everybody...
Making dates current for everybody will benefit new members (those could not file in July/Aug 07). For you with Nov 04 PD in EB2, and others waiting with I-485 filed, it will create a chaos. USCIS folks will get green to pick any file at random and issue GC's, then we all be unhappy.
They should move cutoff dates in an orderly manner without retrogressing them in the future. Retrogression pains more than no or little cutoff date movement.
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Aah_GC
04-25 10:33 AM
Am just curious to know how many of you (approved ones) used AC21 portability and if there were any ramifications. Would be great to know what the experience was and can help the rest of us.
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veni001
03-11 10:38 PM
No change for EB2..... India
EB3 moved about three months
Category India Most Other Countries
F1 8 July 2004 8 July 2004
FX 1 Jan 2005 1 Jan 2005
F2A 1 June 2006 1 June 2006
F2B 1 March 2002 1 March 2002
F3 22 May 2001 22 May 2001
F4 1 March 2000 1 March 2000
E1 Current Current
E2 1 February 2005 Current
E3 8 September 2001 1 February 2003
EW 1 June 2001 1 June 2001
E4 Current Current
E4-Religious Current Current
Source
Cut Off Dates- Consulate General of the United States Mumbai, India (http://mumbai.usconsulate.gov/cut_off_dates.html)
EB3 moved about three months
Category India Most Other Countries
F1 8 July 2004 8 July 2004
FX 1 Jan 2005 1 Jan 2005
F2A 1 June 2006 1 June 2006
F2B 1 March 2002 1 March 2002
F3 22 May 2001 22 May 2001
F4 1 March 2000 1 March 2000
E1 Current Current
E2 1 February 2005 Current
E3 8 September 2001 1 February 2003
EW 1 June 2001 1 June 2001
E4 Current Current
E4-Religious Current Current
Source
Cut Off Dates- Consulate General of the United States Mumbai, India (http://mumbai.usconsulate.gov/cut_off_dates.html)
gc_on_demand
11-12 03:24 PM
Under the regulation No reference to Calendar year. It mentions explicitly calendar quarter.
Immigration and Nationality Act: Section ACT 202 - Numerical Limitation to any single foreign state under Sec. 202. [8 U.S.C. 1152]
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
(B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).
Isn't there a limit of 27% of visas per quarter per country per calendar year ? If that limit is there then who will take precedence ? Quarterly Spill over or that limit ?
To me I think DOS is doing 27% quota limit for first 3 quarters then they are doing spill over so there is no quarterly spill. What if they will show us that there is a limit per quarter in law and they have to follow it. Is it something like deadlock. that trying to follow one law breaks another one.
What if we end up getting response that there is some action needed from Lawmakers to correct law..
just random thoughts.
Immigration and Nationality Act: Section ACT 202 - Numerical Limitation to any single foreign state under Sec. 202. [8 U.S.C. 1152]
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
(B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).
Isn't there a limit of 27% of visas per quarter per country per calendar year ? If that limit is there then who will take precedence ? Quarterly Spill over or that limit ?
To me I think DOS is doing 27% quota limit for first 3 quarters then they are doing spill over so there is no quarterly spill. What if they will show us that there is a limit per quarter in law and they have to follow it. Is it something like deadlock. that trying to follow one law breaks another one.
What if we end up getting response that there is some action needed from Lawmakers to correct law..
just random thoughts.
ajm
11-02 12:40 AM
NRC 2008 063585
The request is in the complex track.
The request is in the complex track.
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