gene77
08-19 02:31 PM
And I'm sure that other must ask these questions of themselves as well but I just haven't come across any postings recently ..
In addition to our drive of sending out letters to the respective lawmakers, what does the group think of visiting one of the local Dept. of State offices in-person to get answers to some of our questions?
1. How is the visa spill-over from EB1 to EB2 being distributed, are there no chances of EB3 candidates receiving a portion of it?
2. What is the rationale for EB3 being unavailable (or moving at snail pace when available) when EB2 dates have been moved to 2006? (Please don't get me wrong, just asking questions)
Thoughts??
In addition to our drive of sending out letters to the respective lawmakers, what does the group think of visiting one of the local Dept. of State offices in-person to get answers to some of our questions?
1. How is the visa spill-over from EB1 to EB2 being distributed, are there no chances of EB3 candidates receiving a portion of it?
2. What is the rationale for EB3 being unavailable (or moving at snail pace when available) when EB2 dates have been moved to 2006? (Please don't get me wrong, just asking questions)
Thoughts??
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eager_immi
07-18 10:23 AM
Can someone reserach and find out where exactly he has stated that. You cannot do that till you have proof. If you know the aprox date he said that i can look up his trascripts.
Can we also add a section that says that H1Bs also pay taxes...including medicare and SS?
Can we also add a section that says that H1Bs also pay taxes...including medicare and SS?
Berkeleybee
02-23 08:22 PM
Hmmm. Immigration issues are conspicuously absent from this (Kennedy Right TRACK) version of the Competitiveness theme. Could be because he has the McCain-Kennedy bill to deal with that.
2011 Western Conference Finals
rockstart
05-24 08:49 PM
The point is what did we lose by calling. It took us a call which any way is free. Took 2-3 minutes of our time which other wise we were not planning to use in any other better activity. So even if the campaign fails ( I pray it does not) still we havent lost finacially or in any way. Atleast it brought so many people together to do something constructive. Made people understand how a bill works in senate.
To your other point that senetors do not care about non voters then then the only other way is lobbying and paying for campaign funds. Can we do that the answer is plain NO. Most people on H1B are working for blod sucking consultants who pa them far less than what they deserve. How much can they contribute financially if they have dependent wife an kid here and parents in home country. Add to this the job insecurity in current market and there is no guarranty that paying one time will bring any results. Least this way every one contributes.
To your other point that senetors do not care about non voters then then the only other way is lobbying and paying for campaign funds. Can we do that the answer is plain NO. Most people on H1B are working for blod sucking consultants who pa them far less than what they deserve. How much can they contribute financially if they have dependent wife an kid here and parents in home country. Add to this the job insecurity in current market and there is no guarranty that paying one time will bring any results. Least this way every one contributes.
more...
rockstart
08-20 09:45 AM
StuckInMuck thanks for the awesome compilation. I have a follow-up question to the guru's on forum.
I did an AC21 before my GC got approved. I did this on my EAD card and when I joined I filed my I9 form for taxes. Now after getting GC do I need to renew my I9 form or the old one stays valid?
Also since I am not with my GC sponsoring employer do I still need to follow the 6 months rule with my current employer since date of approval?
Also can we move this compilation to IV Wiki?
I did an AC21 before my GC got approved. I did this on my EAD card and when I joined I filed my I9 form for taxes. Now after getting GC do I need to renew my I9 form or the old one stays valid?
Also since I am not with my GC sponsoring employer do I still need to follow the 6 months rule with my current employer since date of approval?
Also can we move this compilation to IV Wiki?
chanduv23
03-31 02:04 PM
We have to understand that there is a myriad of laws; INA, CFR's; USCIS policy binding memos; internal memos; appeals decisions, court cases, precedent aao decisions, precedent legal cases.
Now; the ac21 memo is a memo that uscis officers have to follow. However; the memo is not in accordanc with INA 245 or AC21.
INA 245 states that a valid and approved 140 is needed for a person to get lawful permanent residency.
ac21 says that a person can change jobs after 485 has been pending for more then 180 days.
The above two things are the law.
In ac21 law; it doesn't say anything about the scenario if 140 is revoked by employer. It is totally silent to it.
USCIS in their memos realized that ac21 law would not have any meaning if the employer still controlled the 140 if a person was eligible for ac21; therefore, they issued the memo (memo is not law but binding; memos can be changed; however, there has been nothing public about any possible change).
Memo is clarification which they have been following for many years and as far as I know still binding.
If we look at all the denials on 485 - when 140 is revoked the officer quotes "INA 245" and when MTR is filed - the case gets reopened stating AC21.
It is clear that AC21 supersedes the INA 245 rule.
Ability to pay is an interesting topic but I don't think this kind of denial has anything to do with ability to pay.
Now; the ac21 memo is a memo that uscis officers have to follow. However; the memo is not in accordanc with INA 245 or AC21.
INA 245 states that a valid and approved 140 is needed for a person to get lawful permanent residency.
ac21 says that a person can change jobs after 485 has been pending for more then 180 days.
The above two things are the law.
In ac21 law; it doesn't say anything about the scenario if 140 is revoked by employer. It is totally silent to it.
USCIS in their memos realized that ac21 law would not have any meaning if the employer still controlled the 140 if a person was eligible for ac21; therefore, they issued the memo (memo is not law but binding; memos can be changed; however, there has been nothing public about any possible change).
Memo is clarification which they have been following for many years and as far as I know still binding.
If we look at all the denials on 485 - when 140 is revoked the officer quotes "INA 245" and when MTR is filed - the case gets reopened stating AC21.
It is clear that AC21 supersedes the INA 245 rule.
Ability to pay is an interesting topic but I don't think this kind of denial has anything to do with ability to pay.
more...
dr_vroeg
06-07 10:06 AM
Hope this isn't too late (even though I have a whole month still). Love the other entries so far. Go Holland! :tb:
2010 Dallas Mavericks power forward
abhijitp
12-03 05:24 PM
One of the approaches can be for state chapters to be involved and solicit donations from local members. I liked the idea for donations from immigrants who have already obtained green cards and online ADS from google as long as we do not overdo it. I am leaning more towards funding drives. For reasons that people in the process understand better than I do, I agree that the amounts cannot be disclosed. Hence it would be nice to have offline discussions or discussions on PMs on targets between state chapter members.
I for one am not for monthly payments or memberships. That just makes for exclusive organization and we want to be more inclusive.
I also had another important question we need to ask ourselves. Do we want to solicit funding or donations or participation? They are two very different things. Participation is not limited to monetary involvement but can include time and ability (designing banners, websites, writing letters et al.) donation.
Cheers
Every member is welcome to contribute time and/or money. Both are important.
Monthly subscriptions do not make this an exclusive club, they just allow IV to budget and plan future campaigns.
Some of these campaigns will give everyone easy access to the (very exclusive) "AOS applied" club!
The biggest campaign of them all... will give us all a quicker route to the extremely very exclusive Green Card club.
To know why amounts cannot be disclosed please check out logiclife's and aman's videos on youtube!
Thank you.
I for one am not for monthly payments or memberships. That just makes for exclusive organization and we want to be more inclusive.
I also had another important question we need to ask ourselves. Do we want to solicit funding or donations or participation? They are two very different things. Participation is not limited to monetary involvement but can include time and ability (designing banners, websites, writing letters et al.) donation.
Cheers
Every member is welcome to contribute time and/or money. Both are important.
Monthly subscriptions do not make this an exclusive club, they just allow IV to budget and plan future campaigns.
Some of these campaigns will give everyone easy access to the (very exclusive) "AOS applied" club!
The biggest campaign of them all... will give us all a quicker route to the extremely very exclusive Green Card club.
To know why amounts cannot be disclosed please check out logiclife's and aman's videos on youtube!
Thank you.
more...
jindhal
08-25 04:06 PM
is crappy...
they provide "technically free" money transfers to india.
They do not charge you anything for transferring but their profit is from offering a much lower rate for transfers than the official rate. I have had different time lag between initiate and transfer on different days. Not sure if their transfer is delayed or preponed based on rate but they do take a hell lot long to transfer. I earlier used to suggest M2I from icici nowadays its remit 2 india. Cust service is crappy regardless of where you go, cos in the end these companies are desi..and the cust service is also desi. They treat you like crap (just like the rest of the population back home) and I dont expect anything different anytime soon.
they provide "technically free" money transfers to india.
They do not charge you anything for transferring but their profit is from offering a much lower rate for transfers than the official rate. I have had different time lag between initiate and transfer on different days. Not sure if their transfer is delayed or preponed based on rate but they do take a hell lot long to transfer. I earlier used to suggest M2I from icici nowadays its remit 2 india. Cust service is crappy regardless of where you go, cos in the end these companies are desi..and the cust service is also desi. They treat you like crap (just like the rest of the population back home) and I dont expect anything different anytime soon.
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mirage
03-10 05:29 PM
Why ??
PD beyond 2007 July will not be there
PD beyond 2007 July will not be there
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satishku_2000
05-24 08:29 PM
Any one one knew if this H1B fee increase applies for 1 year extensions too if the bill gets passed in the current form?
They should make H1s valid only for 3 months so that they can have a constant source of income to fund the INS that needs so much money going forward to legalize 20 million people.
They should make H1s valid only for 3 months so that they can have a constant source of income to fund the INS that needs so much money going forward to legalize 20 million people.
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nrk
10-27 10:46 AM
Post-Decision Activity
On August 30, 2007, we shipped this approved or re-affirmed case to the Department of State for visa processing. For more information, please contact them directly.
For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.
This is my 140 status from start, people say that Department of state is not normal. i opened a SR on 10/15/2009 and the status of my case is
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/776640-your-case-is-on-hold-because-your-appear-to-be-inadmissible-under-the-current-law.html
I just received notification that my approved 140 (which got approved way back in 2007) is now moved to USCIS. Has anyone seen this before?
Exact status is as follows
Post-Decision Activity
On October 27, 2009, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.
On August 30, 2007, we shipped this approved or re-affirmed case to the Department of State for visa processing. For more information, please contact them directly.
For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.
This is my 140 status from start, people say that Department of state is not normal. i opened a SR on 10/15/2009 and the status of my case is
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/776640-your-case-is-on-hold-because-your-appear-to-be-inadmissible-under-the-current-law.html
I just received notification that my approved 140 (which got approved way back in 2007) is now moved to USCIS. Has anyone seen this before?
Exact status is as follows
Post-Decision Activity
On October 27, 2009, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.
more...
house Dallas Mavericks forward Dirk
immigc06
11-04 01:47 PM
What do you think is the percentage of EB3 -I, who entered their info in this poll?
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mrjonie
05-04 12:55 AM
Hi Friends,
I checked my status and havent received any Soft LUD, but I received a FP notice couple of days back. I am not sure what this is for..My PD is Dec 2006 (EB3) and I received EAD/AP/I140 approved. I applied concurrently during the july fiasco and already done with FP on 2007 itself.
Now i am surprised why I need to , go for FP again. I am still in H1 and my EAD is expired and havent renewed.
Can anyone shed some light in to this FP notice ???
Cheers
John
I checked my status and havent received any Soft LUD, but I received a FP notice couple of days back. I am not sure what this is for..My PD is Dec 2006 (EB3) and I received EAD/AP/I140 approved. I applied concurrently during the july fiasco and already done with FP on 2007 itself.
Now i am surprised why I need to , go for FP again. I am still in H1 and my EAD is expired and havent renewed.
Can anyone shed some light in to this FP notice ???
Cheers
John
more...
pictures Dallas Mavericks#39; Brendan
Pineapple
12-13 10:11 AM
One solution might be to make access available only to people with complete profiles.
For instance, verify that all profile fields are filled in, and send an email. If the user replies to the email then the profile is "activated". Or, alternatively, send email with some sort of activation link.
This should eliminate most if not all "ghost" members.
For instance, verify that all profile fields are filled in, and send an email. If the user replies to the email then the profile is "activated". Or, alternatively, send email with some sort of activation link.
This should eliminate most if not all "ghost" members.
dresses The Western Conference Finals
rsayed
08-19 02:52 PM
Well, s/he did say s/he was proud to be an INDIAN-American, didn't s/he? In the order you wanted...
hyuk...hyuk!!! :D:D:D
hyuk...hyuk!!! :D:D:D
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makeup Dallas Mavericks#39; Shawn Marion
snathan
03-29 01:53 PM
@Snathan how did you know he didn't call me here , are you one of the consultants yourself who does this filthy work of cheating people.
I guess it was my employers discretion to make me sit home with him just not responding to my mails, i couldn't barge in to his office and say hey give me desk to work on? can i ?
Anyways looking at the LCA agreement i think you don't seem to know what you are talking about, I am here holding his company's name on my H1B form , His agreement on LCA and his employment letter, i dunno if there is any other way i could make inroads into barging into his office?
Now if he puts a security guard against me entering his office, shouldn't i report this to DOL too?
Mind your words you low life scum bag. You don’t know what you were doing and paid for H1B and landed here and informed your employer through email which states he did not invite you to the US though he applied for the H1B. By the way when did he informed about the project situation.
Yea...you go ahead and report DOL or even white house. I am sure you won’t get anything out of it as there are so many loop holes in your case. No one is going to pay you the green buck because you want it.
Getting emotional is not going to help you. Your case is not going to impact your employer until he is doing this as a pattern. The only other option is, if you can get another job apply for a transfer and the approval without I-94. Then you will have to go out of the country and come back.
Your first priority should be to get the job and fix your visa issues. Then find other employees working for this employer and if they are in similar situation like you. If so, you have a very strong case and complaint to DOL. May be you should use this as a leverage to get the pay stub and do transfer. Really speaking pay stub is not an issue as long as you are able to get a job.
You need to relax and think what do you want to do and whats your goal...do you want to put your life back on track or go after this guy. You can teach him a lesson but how it’s going to help improving your situation. Because of the current environment, no one needs to file any complaint and every application from any company is thoroughly scrutinized by the USCIS. Worst case he will shut the shop and open another one. All he needs is a $300 to register a company. USCIS is not going to deport him as he might be already on GC or USC. But there is every possibility for ICE to knock on your door. You are just shooting yourself in the foot. Good luck.
I guess it was my employers discretion to make me sit home with him just not responding to my mails, i couldn't barge in to his office and say hey give me desk to work on? can i ?
Anyways looking at the LCA agreement i think you don't seem to know what you are talking about, I am here holding his company's name on my H1B form , His agreement on LCA and his employment letter, i dunno if there is any other way i could make inroads into barging into his office?
Now if he puts a security guard against me entering his office, shouldn't i report this to DOL too?
Mind your words you low life scum bag. You don’t know what you were doing and paid for H1B and landed here and informed your employer through email which states he did not invite you to the US though he applied for the H1B. By the way when did he informed about the project situation.
Yea...you go ahead and report DOL or even white house. I am sure you won’t get anything out of it as there are so many loop holes in your case. No one is going to pay you the green buck because you want it.
Getting emotional is not going to help you. Your case is not going to impact your employer until he is doing this as a pattern. The only other option is, if you can get another job apply for a transfer and the approval without I-94. Then you will have to go out of the country and come back.
Your first priority should be to get the job and fix your visa issues. Then find other employees working for this employer and if they are in similar situation like you. If so, you have a very strong case and complaint to DOL. May be you should use this as a leverage to get the pay stub and do transfer. Really speaking pay stub is not an issue as long as you are able to get a job.
You need to relax and think what do you want to do and whats your goal...do you want to put your life back on track or go after this guy. You can teach him a lesson but how it’s going to help improving your situation. Because of the current environment, no one needs to file any complaint and every application from any company is thoroughly scrutinized by the USCIS. Worst case he will shut the shop and open another one. All he needs is a $300 to register a company. USCIS is not going to deport him as he might be already on GC or USC. But there is every possibility for ICE to knock on your door. You are just shooting yourself in the foot. Good luck.
girlfriend Dallas in the Western
paskal
05-23 03:42 PM
looks like ur sunny side is up and its still raw!..;-) (2 posts)
my point is: citizens matter..not voteless aliens..
we cannot have the same game plan as numbersusa...
all i am saying is..maybe we need a newer and innovative approach to get our voices heard.. One speaking head ..not a herd!
we do the "one speak" too.
but herd speak counts.
this is not my "opinion". this is the direct information we have been passed along by lawmaker offices themselves. and you are wrong. whether you vote or not, if you call an office they do listen. if you visit it they listen more. try it and see, i speak from many personal experiences.
if "non voters" voices were so usless, we would not be even this far along by now. when a lot of people voice and opinion- IT DOES GET HEARD.
please do the needful.
we do adopt other strategies too. each one has its own utility. it's own goal and it's own time. right now we need the calls.
my point is: citizens matter..not voteless aliens..
we cannot have the same game plan as numbersusa...
all i am saying is..maybe we need a newer and innovative approach to get our voices heard.. One speaking head ..not a herd!
we do the "one speak" too.
but herd speak counts.
this is not my "opinion". this is the direct information we have been passed along by lawmaker offices themselves. and you are wrong. whether you vote or not, if you call an office they do listen. if you visit it they listen more. try it and see, i speak from many personal experiences.
if "non voters" voices were so usless, we would not be even this far along by now. when a lot of people voice and opinion- IT DOES GET HEARD.
please do the needful.
we do adopt other strategies too. each one has its own utility. it's own goal and it's own time. right now we need the calls.
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panky72
06-02 05:35 PM
Called all of them, updated poll:)
obviously
05-08 11:04 PM
Indian insurance companies that process through "Corus" in France are all SHAM policies. In the event of any claim, they try to wiggle out stating there was some preexisting condition.
While it is understandable that no insurance will cover preexisting conditions, New India Assurance and other jokers that process through Corus are out there to lie, cheat and steal.
Stay away from those sharks and get a US based insurance, if you can.
Peace!
While it is understandable that no insurance will cover preexisting conditions, New India Assurance and other jokers that process through Corus are out there to lie, cheat and steal.
Stay away from those sharks and get a US based insurance, if you can.
Peace!
desi3933
01-22 10:00 AM
Lets not assume we know all legal stuff.
Defining employer - employee relationship is different from abuse and we cannot relate these two.
I do agree that to challenge the law rightfully, one has to have credibility.
You are right that employer-employee relationship is different from abuse. However, they are related especially if employer takes legal route.
I wanted to stress thru my post that H1-B worker can not put legal fight for these memo as it has to come from employer. Only time will tell, if or when any employer takes that step.
One thing, I would like to add here is that memo are advisory in nature and they do not have force of law and apply only to USCIS officers, not to immigration judges.
________________
Not a legal advice.
Defining employer - employee relationship is different from abuse and we cannot relate these two.
I do agree that to challenge the law rightfully, one has to have credibility.
You are right that employer-employee relationship is different from abuse. However, they are related especially if employer takes legal route.
I wanted to stress thru my post that H1-B worker can not put legal fight for these memo as it has to come from employer. Only time will tell, if or when any employer takes that step.
One thing, I would like to add here is that memo are advisory in nature and they do not have force of law and apply only to USCIS officers, not to immigration judges.
________________
Not a legal advice.
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