Legal
07-03 05:27 PM
:D This bill will be passed for sure before August. You and me are not behind this. Microsoft, CISCO and Oralce are the ones indirectly calling the shots. Anti immigrant groups can just talk and shout. Money($$$) will show it in action. Wait and Watch.
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gc_buddy
01-02 01:09 AM
As far as my knowledge goes, the I 140 substitutions are no more accepted by USCIS. I may be wrong. Other members can comment..
I have made similar post on another thread on IV--so this is a repeat:
The key is revocation vs. substitution. Per discussions with immi attorneys, AC21 portability is not explicit on what needs to be done if I140 is substituted by previous employer and NOT REVOKED, and the applicant is eligible for changing jobs (same desc and 180 days pending). The fact is that this loophole leads to illogical scenario--2 applicants taking benefit from same I140.
Question to you and other forum members: Is there a thread on this specific topic?
My situation:
I485 denied on Oct 24th 2008. I did not get the letter and realized only when I checked on the USCIS website. My attorney also did not get the letter of denial or even the NOID.
I changed jobs in June 2006 by invoking AC21 (Priority Date - Oct 2002, I140 and I485 filed concurrently, I140 approved in Feb 2005).
The fact is that on all forums there is talk about revocation by previous employer. However please note that approved I140 could either be revoked or substituted. While those AC21 memos talk about revoked I140, the law is not clear when previous employer substitutes the approved I140. I know the substitution process is no longer legal since June 2007, however, it has been abused in the past. My questions to forum members:
1. Is any one in similar situation?
2. I have H1B only until June 2009 and EAD unitil Sep 2009, Can I work until then (Jun or Sept) assuming MTR is resolved in 2 months (per some optimistic posts on IV). I am working on EAD.
3. If my employer were to file a new PERM labor application--can I port my previous priority date? How soon is PERM labor in EB2 category getting approved.
Mohican
I have made similar post on another thread on IV--so this is a repeat:
The key is revocation vs. substitution. Per discussions with immi attorneys, AC21 portability is not explicit on what needs to be done if I140 is substituted by previous employer and NOT REVOKED, and the applicant is eligible for changing jobs (same desc and 180 days pending). The fact is that this loophole leads to illogical scenario--2 applicants taking benefit from same I140.
Question to you and other forum members: Is there a thread on this specific topic?
My situation:
I485 denied on Oct 24th 2008. I did not get the letter and realized only when I checked on the USCIS website. My attorney also did not get the letter of denial or even the NOID.
I changed jobs in June 2006 by invoking AC21 (Priority Date - Oct 2002, I140 and I485 filed concurrently, I140 approved in Feb 2005).
The fact is that on all forums there is talk about revocation by previous employer. However please note that approved I140 could either be revoked or substituted. While those AC21 memos talk about revoked I140, the law is not clear when previous employer substitutes the approved I140. I know the substitution process is no longer legal since June 2007, however, it has been abused in the past. My questions to forum members:
1. Is any one in similar situation?
2. I have H1B only until June 2009 and EAD unitil Sep 2009, Can I work until then (Jun or Sept) assuming MTR is resolved in 2 months (per some optimistic posts on IV). I am working on EAD.
3. If my employer were to file a new PERM labor application--can I port my previous priority date? How soon is PERM labor in EB2 category getting approved.
Mohican
Hermione
10-01 01:27 PM
No, it isn't NC and NC alone. The percentage of people that get stuck in NC is minuscule compared to the back log due to inefficiencies.
You can believe what you like, you can chose to in 1 breath quote from the Ombudsman report and then in the next, ignore what it states.
The fact remains, the USCIS is very far from effcient
I really do not know how you got to this conclusion. Everybody I know either are 1) stuck due to retro 2) stuck due to NC 3) approved within a reasonable period of time.
You can believe what you like, you can chose to in 1 breath quote from the Ombudsman report and then in the next, ignore what it states.
The fact remains, the USCIS is very far from effcient
I really do not know how you got to this conclusion. Everybody I know either are 1) stuck due to retro 2) stuck due to NC 3) approved within a reasonable period of time.
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uma001
08-08 10:29 PM
If you dont have an offer from candian employer or you are not an international studen , then you should
�be a skilled worker who has at least one year of experience in one or more of the following occupations:
0111: Financial Managers
0213: Computer and Information Systems Managers
0311: Managers in Health Care
0631: Restaurant and Food Service Managers
0632: Accommodation Service Managers
0711: Construction Managers
1111: Financial Auditors and Accountants
2113: Geologists, Geochemists and Geophysicists
2143: Mining Engineers
2144: Geological Engineers
2145: Petroleum Engineers
3111: Specialist Physicians
3112: General Practitioners and Family Physicians
3141: Audiologists and Speech Language Pathologists
3143: Occupational Therapists
3142: Physiotherapists
3151: Head Nurses and Supervisors
3152: Registered Nurses
3215: Medical Radiation Technologists
3233: Licensed Practical Nurses
4121: University Professors
4131: College and Other Vocational Instructors
6241: Chefs
6242: Cooks
7213: Contractors and Supervisors, Pipefitting Trades
7215: Contractors and Supervisors, Carpentry Trades
7217: Contractors and Supervisors, Heavy Construction Equipment Crews
7241: Electricians (Except Industrial and Power System)
7242: Industrial Electricians
7251: Plumbers
7252: Steamfitters, Pipe fitters and Sprinkler System Installers
7265: Welders and Related Machine Operators
7312: Heavy-Duty Equipment Mechanics
7371: Crane Operators
7372: Drillers and Blasters � Surface Mining, Quarrying and Construction
8221: Supervisors, Mining and Quarrying
8222: Supervisors, Oil and Gas Drilling and Service
9212: Supervisors, Petroleum, Gas and Chemical Processing and Utilities
Where is the computer Engineer or IT analyst, Software Engineer in the list.
So OP (not sure he is in IT) cannot apply for Candada PR.
�be a skilled worker who has at least one year of experience in one or more of the following occupations:
0111: Financial Managers
0213: Computer and Information Systems Managers
0311: Managers in Health Care
0631: Restaurant and Food Service Managers
0632: Accommodation Service Managers
0711: Construction Managers
1111: Financial Auditors and Accountants
2113: Geologists, Geochemists and Geophysicists
2143: Mining Engineers
2144: Geological Engineers
2145: Petroleum Engineers
3111: Specialist Physicians
3112: General Practitioners and Family Physicians
3141: Audiologists and Speech Language Pathologists
3143: Occupational Therapists
3142: Physiotherapists
3151: Head Nurses and Supervisors
3152: Registered Nurses
3215: Medical Radiation Technologists
3233: Licensed Practical Nurses
4121: University Professors
4131: College and Other Vocational Instructors
6241: Chefs
6242: Cooks
7213: Contractors and Supervisors, Pipefitting Trades
7215: Contractors and Supervisors, Carpentry Trades
7217: Contractors and Supervisors, Heavy Construction Equipment Crews
7241: Electricians (Except Industrial and Power System)
7242: Industrial Electricians
7251: Plumbers
7252: Steamfitters, Pipe fitters and Sprinkler System Installers
7265: Welders and Related Machine Operators
7312: Heavy-Duty Equipment Mechanics
7371: Crane Operators
7372: Drillers and Blasters � Surface Mining, Quarrying and Construction
8221: Supervisors, Mining and Quarrying
8222: Supervisors, Oil and Gas Drilling and Service
9212: Supervisors, Petroleum, Gas and Chemical Processing and Utilities
Where is the computer Engineer or IT analyst, Software Engineer in the list.
So OP (not sure he is in IT) cannot apply for Candada PR.
more...
cagedcactus
10-18 03:48 PM
Thanks for actively participating and helping us in this effort. I'm sure we'll make this meet a success with our combined team effort.
More volunteers are welcome to join us in helping the meeting preparations. We also greatly appreciate any other help you can provide.
Members who have signed up for the meet re-confirm (basically RSVP), if you haven't already done so (after cagedcactus requested it). It will help CC in arranging snacks and tea . You can PM him or post here.
Need transportation from Lansing to Troy? Send PM (private message) to Bestin, by clicking on his id (on the messages posted by him) in this thread/forum. He has volunteered to accomodate 4 participants on first-come-first-serve basis. If you aren't based in Lansing, but still located somewhere on the way ( b/n Lansing to Troy), he can pick you up and drop you off ( if the detour is reasonable like a few miles). Don't let the lethargy to driving long distance dampen your enthusiam to particpate in an event that will affect your future.
Guys who cannot participate on 10/20 due to any reasons, but interested in future activities - PM or E-mail me. I will add you to the list of invitees for the future activities.
Great job WD....
Kudos to Bestin too...
We clearly see the fire burning. Now that we have seen Quality, we need to see quantity... the fire must must burn throughout the state, or there is no use... more the merrier........
I know a lot of folks are enjoying the latest arrival of EAD cards and Finger prints.... but dont kid yourselves.... these are traps.... baits for those who want it easy.... we wont have it easy.... we will have to fight.... for us, and for those who are in line.... for our families, and children....
rise people........ rise now, or never....
More volunteers are welcome to join us in helping the meeting preparations. We also greatly appreciate any other help you can provide.
Members who have signed up for the meet re-confirm (basically RSVP), if you haven't already done so (after cagedcactus requested it). It will help CC in arranging snacks and tea . You can PM him or post here.
Need transportation from Lansing to Troy? Send PM (private message) to Bestin, by clicking on his id (on the messages posted by him) in this thread/forum. He has volunteered to accomodate 4 participants on first-come-first-serve basis. If you aren't based in Lansing, but still located somewhere on the way ( b/n Lansing to Troy), he can pick you up and drop you off ( if the detour is reasonable like a few miles). Don't let the lethargy to driving long distance dampen your enthusiam to particpate in an event that will affect your future.
Guys who cannot participate on 10/20 due to any reasons, but interested in future activities - PM or E-mail me. I will add you to the list of invitees for the future activities.
Great job WD....
Kudos to Bestin too...
We clearly see the fire burning. Now that we have seen Quality, we need to see quantity... the fire must must burn throughout the state, or there is no use... more the merrier........
I know a lot of folks are enjoying the latest arrival of EAD cards and Finger prints.... but dont kid yourselves.... these are traps.... baits for those who want it easy.... we wont have it easy.... we will have to fight.... for us, and for those who are in line.... for our families, and children....
rise people........ rise now, or never....
LONGGCQUE
05-21 03:55 PM
Just paid $100 for this effort. Here are the details of transaction -
Transaction ID: 98W07634EB610043U
An email with your order summary has been sent to xxxxxx@gmail.com
Merchant Contact Information
Immigration Voice
donations@immigrationvoice.org
850-391-4966
SUGAUR >> YOU ROCK :)
Transaction ID: 98W07634EB610043U
An email with your order summary has been sent to xxxxxx@gmail.com
Merchant Contact Information
Immigration Voice
donations@immigrationvoice.org
850-391-4966
SUGAUR >> YOU ROCK :)
more...
ItIsNotFunny
03-06 12:02 PM
I received the same response. I am in for contribution.
Please vote and respond here:
http://immigrationvoice.org/forum/showthread.php?p=323744#post323744
Please vote and respond here:
http://immigrationvoice.org/forum/showthread.php?p=323744#post323744
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raj7480
06-14 11:51 AM
With the good news of all numbers current, both I and my wife's dates are current and eligible for filing I485.
1. In my application, can I include my wife as spouse for adjustment of status? And In my wife's application, can I include myself as spouse?
I am trying to do this to make sure if anything goes wrong in any one of our application, I can depend on the other one.
2. If I get an EAD based on my wife's application, can we both switch jobs after 180 days and take advantage of AC21? I read in some forums that I can, but the primary application (my wife) has to work for the same company until we get I485 approved.
Thanks for your answers in advance
1. In my application, can I include my wife as spouse for adjustment of status? And In my wife's application, can I include myself as spouse?
I am trying to do this to make sure if anything goes wrong in any one of our application, I can depend on the other one.
2. If I get an EAD based on my wife's application, can we both switch jobs after 180 days and take advantage of AC21? I read in some forums that I can, but the primary application (my wife) has to work for the same company until we get I485 approved.
Thanks for your answers in advance
more...
starscream
05-31 03:49 PM
As per member priderock's post the LAY ON THE TABLE description from THOMAS means that the Cantwell AMDT has been killed .
But then why is AILA saying this on their post : http://www.aila.org/content/default.aspx?docid=22481
One amendment that has been “filed,” but is not currently “pending” is the Cantwell amendment which is very important to business immigration interests. We do not know at this time what will happen with this amendment – whether it will come to the floor for debate or be negotiated through unanimous consent into the final package.
From AILA's description it would seem that the Amendment is does not have the status "lie on the table" as that would mean that the amendment has been killed with no possibility of coming up but AILA's description as to possible future of the amendment is to the contrary.
But then why is AILA saying this on their post : http://www.aila.org/content/default.aspx?docid=22481
One amendment that has been “filed,” but is not currently “pending” is the Cantwell amendment which is very important to business immigration interests. We do not know at this time what will happen with this amendment – whether it will come to the floor for debate or be negotiated through unanimous consent into the final package.
From AILA's description it would seem that the Amendment is does not have the status "lie on the table" as that would mean that the amendment has been killed with no possibility of coming up but AILA's description as to possible future of the amendment is to the contrary.
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manub
07-08 11:06 PM
Did any one use Latour and lleras of usvisanews.com mainly lorenzo lleras.I appreciate any reviews on that firm.
more...
sam_hoosier
12-10 09:43 AM
Can you pls post their names/IV handles, so that everyone know who those cowards are ? I am sure a lot of them masquerade as experts on this website, but dont bother to move their butts when needed :mad:
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headhunter
07-20 12:42 PM
Look at tax rate in this PDF
http://www.irs.gov/pub/irs-pdf/i1040nre.pdf
I believe that you will contribute about 5K to 401 K and if your employer also makes a contribution then that should take care of taxes. I guess the tax rate is roughly 10-15% as a non resident for low amount of money. I agree that patriot act may not allow you to keep accounts but 401 K is not a current account with easy access to funds.
http://www.irs.gov/pub/irs-pdf/i1040nre.pdf
I believe that you will contribute about 5K to 401 K and if your employer also makes a contribution then that should take care of taxes. I guess the tax rate is roughly 10-15% as a non resident for low amount of money. I agree that patriot act may not allow you to keep accounts but 401 K is not a current account with easy access to funds.
more...
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golgappa
08-20 09:04 PM
Listen my friend I had a similar experience...
The phone receptionist in DC very rude, she behaves like indian babu's, she is very arrogant..
Long story short....
Embassy of India - Washington DC (http://www.indianembassy.org/newsite/RTI.asp)
go to the above link, send them the letter with 10 Rs (20 cents) money order, explain your issue, explain the behavior of receptionist, and ask them why it happened like that..they will have to call you..that is the law..
I did the same thing...
UNLESS WE REPORT THEY WILL NOT CHANGE
The phone receptionist in DC very rude, she behaves like indian babu's, she is very arrogant..
Long story short....
Embassy of India - Washington DC (http://www.indianembassy.org/newsite/RTI.asp)
go to the above link, send them the letter with 10 Rs (20 cents) money order, explain your issue, explain the behavior of receptionist, and ask them why it happened like that..they will have to call you..that is the law..
I did the same thing...
UNLESS WE REPORT THEY WILL NOT CHANGE
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h1techSlave
09-20 04:12 PM
..from any single state, afaik (perhaps with the exception of NJ, don't have the exact numbers - but in stark contrast to many other states... ).
Also note, the attendance at short notice for the SJ rally was phenomenal.
Let's just say Californians are more motivated and active then many from the DC area, and you can expect an even larger crowd the next time around, with better planning and more time imo.
jazz
One reason for the poor performance from DC area folks is that a GC does not open many avenues for folks in DC area. You could change from a 70K job to 90K job, may be. In Silicon Valley there are many more opportunities. You are talking about a change from 80K to may be starting a million $$ company.
Also note, the attendance at short notice for the SJ rally was phenomenal.
Let's just say Californians are more motivated and active then many from the DC area, and you can expect an even larger crowd the next time around, with better planning and more time imo.
jazz
One reason for the poor performance from DC area folks is that a GC does not open many avenues for folks in DC area. You could change from a 70K job to 90K job, may be. In Silicon Valley there are many more opportunities. You are talking about a change from 80K to may be starting a million $$ company.
more...
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wellwishergc
03-19 11:27 PM
First of all, the interpretation of the new provisions itself is subjective. Different interpretations, corrections, amendments to interpretations, etc will lead to another mess, after the provisions pass into law. As you already know, IV volunteers are currently researching on the hard country allocation issue, which may arguably worsen the retrogression for Chinese/Indians.
Let us assume that we are still able to pass the final provisions including the provision for amended soft country allocation. Imagine the number of applications that will flood the USCIS if the priority dates are adjusted to allow for all the eligible applicants. Do you foresee another backlog formation similar to the backlog centers that were formed for reducing labor applications and the mess they are in, currently?. Please note that the staff for USCIS will not increase, atleast for the next 1 year, until they figure out the volume of applications created with the new law and identify the magnitude of the staff shortage.
Even though I do feel that the existing retrogression will ease, if the provisions under consideration are passed into law; however USCIS will still keep some form of retrogression to control the flow of applications, especially for the EB3 category. In such a scenario, it is preferable that the USCIS allows the 485 filing and provides the EAD. EB3 applicants will be better off knowing that their 485s/EADs are in process/available, while waiting for the GC. So, even if the Eb3 applicant has to wait for 2-3 years (instead of the current 5 years) to get his final GC, he is atleast not dependent on his current employer.
I think, 485 filing ability is critical to the plight of EB3 applicants.
I don't believe you are right. Cut-off dates are not established based on the USCIS workload and its staffing, but rather on the predicted balance between demand for and supply of GCs. Therefore if worst comes to worst we will see a backlog at the USCIS level again, ie their processing time will go way beyond today's 6 months. BUt if the DOS believes that they have enough GC available to meet the demand in each and every particular quarter they will adjust cut-off dates accordingly.
Let us assume that we are still able to pass the final provisions including the provision for amended soft country allocation. Imagine the number of applications that will flood the USCIS if the priority dates are adjusted to allow for all the eligible applicants. Do you foresee another backlog formation similar to the backlog centers that were formed for reducing labor applications and the mess they are in, currently?. Please note that the staff for USCIS will not increase, atleast for the next 1 year, until they figure out the volume of applications created with the new law and identify the magnitude of the staff shortage.
Even though I do feel that the existing retrogression will ease, if the provisions under consideration are passed into law; however USCIS will still keep some form of retrogression to control the flow of applications, especially for the EB3 category. In such a scenario, it is preferable that the USCIS allows the 485 filing and provides the EAD. EB3 applicants will be better off knowing that their 485s/EADs are in process/available, while waiting for the GC. So, even if the Eb3 applicant has to wait for 2-3 years (instead of the current 5 years) to get his final GC, he is atleast not dependent on his current employer.
I think, 485 filing ability is critical to the plight of EB3 applicants.
I don't believe you are right. Cut-off dates are not established based on the USCIS workload and its staffing, but rather on the predicted balance between demand for and supply of GCs. Therefore if worst comes to worst we will see a backlog at the USCIS level again, ie their processing time will go way beyond today's 6 months. BUt if the DOS believes that they have enough GC available to meet the demand in each and every particular quarter they will adjust cut-off dates accordingly.
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pappu
02-13 09:04 AM
A quick net-worth calculator:
Wakes up and decides more action is needed -------------> +10 pionts
Considers two options:
Become more active at IV and help shape and lead effort ---> worth +100 pts
Open a new venue for influencing our future ---------------> Also worth +100 pts
Finally settles on an easy three-pronged third way:
Trash current volunteer leaders ----------------------------> -500 points
Offer no new ideas on what can be done--------------------> -200 points
Use words such as "zapata" in a post -----------------------> -50 points.
Here's how you can say sorry: Add a mew member (or contribute a dollar) to IV for every -10 points you have earned.
too Good :)
You have got bonus points from IV core!!
Wakes up and decides more action is needed -------------> +10 pionts
Considers two options:
Become more active at IV and help shape and lead effort ---> worth +100 pts
Open a new venue for influencing our future ---------------> Also worth +100 pts
Finally settles on an easy three-pronged third way:
Trash current volunteer leaders ----------------------------> -500 points
Offer no new ideas on what can be done--------------------> -200 points
Use words such as "zapata" in a post -----------------------> -50 points.
Here's how you can say sorry: Add a mew member (or contribute a dollar) to IV for every -10 points you have earned.
too Good :)
You have got bonus points from IV core!!
more...
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Winner
05-24 12:24 PM
Sent emails to media using the tool. It was quick, I'm sure if many of us do it, it will be effective too.
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soarin3655
05-18 02:27 PM
Done!
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green_card_06
09-28 12:58 AM
My company went through a 10% workforce reduction company-wide just when my PERM application was ready to be filed. Although nobody from my group has been affected, 2 people with the same job title from a different group in the same office were affected. Their job descriptions are entirely different. I have about a year and a half before my H1B expires. I would appreciate anybody answering the following questions I have:
1. In Form 9089, should the answer to Item 26 be 'No' since nobody in my group or area of expertise was affected?
2. If the answer to Item 26 should be 'Yes', is it sufficient to notify and consider the people laid off? I am confident that they will not qualify for the position. How long should this 'notification and interview' period typically be?
3. I have heard that my company can be sent an audit notice. In such a case, is it sufficent to justify that the area of expertise is different. What is the success rate for this?
4. If the audit response is rejected, what happens then? I have been told that the employee will have to return to his home country immediately and cannot refile his PERM application.
1. In Form 9089, should the answer to Item 26 be 'No' since nobody in my group or area of expertise was affected?
2. If the answer to Item 26 should be 'Yes', is it sufficient to notify and consider the people laid off? I am confident that they will not qualify for the position. How long should this 'notification and interview' period typically be?
3. I have heard that my company can be sent an audit notice. In such a case, is it sufficent to justify that the area of expertise is different. What is the success rate for this?
4. If the audit response is rejected, what happens then? I have been told that the employee will have to return to his home country immediately and cannot refile his PERM application.
TonySingh
06-07 10:42 PM
Thats America
Lasantha
07-09 04:33 PM
Can you send multiple applications in the same package.
Coz. my attorney gave me a tracking number and there are almost 4 names in the reference section of the Fedex Online Tracking System.
Same here. There were three other names for my tracking number. I guess that's OK.
Coz. my attorney gave me a tracking number and there are almost 4 names in the reference section of the Fedex Online Tracking System.
Same here. There were three other names for my tracking number. I guess that's OK.
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