PavanV
07-22 01:38 PM
You are right, nobody should force you do anything, everything is a personal choice, well only after you have attained a certain age (you don't have choices as a infant ;)). A certain person did mention that you like learning/ speaking english, probably even spanish (eventually :)), but you are uncomfortable because of the attitude of the speakers :), have you ever thought if your attitude is right ?, what make's you think your attitude is better / worse ?, just a thought bro, dont hate, life is too short to hate :)
Exactly...I was getting irriated when people are forcing and telling that I should learn hindi. isnt my personal choice...?
Exactly...I was getting irriated when people are forcing and telling that I should learn hindi. isnt my personal choice...?
wallpaper 101 Dalmatians
gccovet
06-24 10:16 AM
Called today, talked with Liz. She knew about the whole deal, and mentioned they have recieved many calls.
GCCovet
GCCovet
smuggymba
03-27 09:37 AM
Ok sir.. I lose you won.. keep porting.
MC - ur date is pretty close and I can understand ur frustration being so close yet so far. Porting is like labor substitution - LEGAL. Nothing we can do.
MC - ur date is pretty close and I can understand ur frustration being so close yet so far. Porting is like labor substitution - LEGAL. Nothing we can do.
2011 101 Dalmatians (Two-Disc
spicy_guy
06-10 04:50 PM
And funniest thing is, if there is any spillover, that happens from least trafficked categories.
Not the other way around as how it is supposed to be, logically...
I understand the frustration. Yes, its not fair et all.
EB I is really beaten up and no respite at the corner. And yes, it looks awkward when even late EB2 filers going way ahead ... Of course, no offense...But just wish EB 3 too has the same treatment....
Oh boy, its sad anyways.
Not the other way around as how it is supposed to be, logically...
I understand the frustration. Yes, its not fair et all.
EB I is really beaten up and no respite at the corner. And yes, it looks awkward when even late EB2 filers going way ahead ... Of course, no offense...But just wish EB 3 too has the same treatment....
Oh boy, its sad anyways.
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svam77
07-20 06:03 PM
http://www.uscis.gov/files/pressrelease/ReceiptingTimes20Jul07.pdf
NSC is August 1st now. Thats kind of a relief ...
NSC is August 1st now. Thats kind of a relief ...
BumbleBee
07-18 12:44 PM
Its not over till its over :), and its not over yet by any means. I am willing to wait and fight ;) . Everyone has priorities in life, each person would view GC situation differently. For me, its not the ultimate dream, but just a vehicle to continue my journey for some more time (with peace of mind). I am definitely looking to gray my hair in my home country or atleast be there once I am grayed haired :D
Doing an MBA/PMI and looking for managerial job is the only realistic possibility for most, I don't think most people would wanna still be programming when they turn 40/45 (depending on how old/young you feel).
My gut feel is that there will be some kind of relief by end of 2007 or early 2008
BumbleBee
Doing an MBA/PMI and looking for managerial job is the only realistic possibility for most, I don't think most people would wanna still be programming when they turn 40/45 (depending on how old/young you feel).
My gut feel is that there will be some kind of relief by end of 2007 or early 2008
BumbleBee
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I_need_GC
07-07 09:46 AM
As I promised earlier I would keep you guys updated on the process of this case.
On saturday I received the welcome as a permanent resident to USA letter. After trying to get a hold of my attorney I got in touch with him.
Heres the story. (this guy is a genius)
I asked him how it was possible when my PD wasn't current I got GC approval.
His answer was funny and pleasant. Magic :D
He said after the approval of my PERM during filing I-140 under EB2 he also filed a petition under "person with extraordinary ability interest to US" on my behalf. So in other words both the petitions were being processed together at USCIS. Me not aware of USCIS rules wasn't aware of all the lingo so didn't know.
Now the Extraordinary ability petition quota is always current. So when my extraordinary petition was approved the attorney informed the USCIS that to adjucate my adjustment based on this approval. Since the PD was current for this category. USCIS processed and approved the GC based on that. I love this guy I don't have to work for my current employer anymore hence he will get a big surprise when I turn in 2 day resignation. HA...
On saturday I received the welcome as a permanent resident to USA letter. After trying to get a hold of my attorney I got in touch with him.
Heres the story. (this guy is a genius)
I asked him how it was possible when my PD wasn't current I got GC approval.
His answer was funny and pleasant. Magic :D
He said after the approval of my PERM during filing I-140 under EB2 he also filed a petition under "person with extraordinary ability interest to US" on my behalf. So in other words both the petitions were being processed together at USCIS. Me not aware of USCIS rules wasn't aware of all the lingo so didn't know.
Now the Extraordinary ability petition quota is always current. So when my extraordinary petition was approved the attorney informed the USCIS that to adjucate my adjustment based on this approval. Since the PD was current for this category. USCIS processed and approved the GC based on that. I love this guy I don't have to work for my current employer anymore hence he will get a big surprise when I turn in 2 day resignation. HA...
2010 Click on the 101 Dalmatians
svam77
07-23 11:34 AM
You got me wrong. I am not saying that, we are safe side filing this way.
Its better filing than not doing anything ....As simple as that .......
If people get their receipt, well and good ....or else just file and forget .....
But dont sit idle just because ur attornery does not want to file ....
Dont think too much about the mail room or the employees or the contractos there or whoever ...........As I said, if u have receipt well and good, or else just file with other docs, but do file ....
Its better filing than not doing anything ....As simple as that .......
If people get their receipt, well and good ....or else just file and forget .....
But dont sit idle just because ur attornery does not want to file ....
Dont think too much about the mail room or the employees or the contractos there or whoever ...........As I said, if u have receipt well and good, or else just file with other docs, but do file ....
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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
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prince_charming
09-12 11:50 PM
Prince charming - I invoked AC21 sometime back after 180 days of filing 485 and moved to a new job on EAD.
My ex employer revoked 140. At this point of time I did a lot of research and found out the following things
(1) AC21 letter never reaches your file - there is no system in place for AC21 letter. G 28 gets into the system because there is a process in place for G 28
AC21 is a law that allows you to change jobs but there is no system in place.
(2) AC21 letter must be provided upon request - different officers want differtent information so they generally issue a NOID and ask you to submit evidence in 30 days. USCIS in some cases sends out straight denials. The denial letter generally has information to file MTR within 30 days if the case needs to be reopened due to USCIS error.
In August when my case was being processed, they sent me a NOID but sent my wife Fp notice - I called customer service and was advised that she can go for FP as usual but I have to respond to NOID before they move forward with my case and I promptly responded with AC21 and my case status changed to "Case reopened, response received" and there were soft LUDs hitting my 485.
Keep all documentation ready and be proactive, you can hire a good lawyer from MTR, remember that when you file for MTR, you cannot work - so before you inform your employer, get a letter from them and then inform them - in case employers will be reluctant to give any documentation if they know you cannot work for sometime. If you are on h1b you dont have to worry.
MTR approvals can take 3 to 5 weeks or more too.
if not on h1b you start accruing unlawful status and usually lawyers suggest that you stay till less than 180 days when your MTR is filed - it never takes 180 days for a decision on MTR so dont worry about unlawful status.
These are hidden risks in AC21 but good news is that AC21 cases have always been successful.
You may have to go through this period of uncertainity.
Good luck.
I have already informed my attorney about CRIS email i received. Also as i used H1B transfer to join new company and never used EAD i am not accuring any unlawful status.
For sure G-28 reached as i saw LUD a week after sending G-28 but AC21 is lost somewhere in USCIS blackhole.
My ex employer revoked 140. At this point of time I did a lot of research and found out the following things
(1) AC21 letter never reaches your file - there is no system in place for AC21 letter. G 28 gets into the system because there is a process in place for G 28
AC21 is a law that allows you to change jobs but there is no system in place.
(2) AC21 letter must be provided upon request - different officers want differtent information so they generally issue a NOID and ask you to submit evidence in 30 days. USCIS in some cases sends out straight denials. The denial letter generally has information to file MTR within 30 days if the case needs to be reopened due to USCIS error.
In August when my case was being processed, they sent me a NOID but sent my wife Fp notice - I called customer service and was advised that she can go for FP as usual but I have to respond to NOID before they move forward with my case and I promptly responded with AC21 and my case status changed to "Case reopened, response received" and there were soft LUDs hitting my 485.
Keep all documentation ready and be proactive, you can hire a good lawyer from MTR, remember that when you file for MTR, you cannot work - so before you inform your employer, get a letter from them and then inform them - in case employers will be reluctant to give any documentation if they know you cannot work for sometime. If you are on h1b you dont have to worry.
MTR approvals can take 3 to 5 weeks or more too.
if not on h1b you start accruing unlawful status and usually lawyers suggest that you stay till less than 180 days when your MTR is filed - it never takes 180 days for a decision on MTR so dont worry about unlawful status.
These are hidden risks in AC21 but good news is that AC21 cases have always been successful.
You may have to go through this period of uncertainity.
Good luck.
I have already informed my attorney about CRIS email i received. Also as i used H1B transfer to join new company and never used EAD i am not accuring any unlawful status.
For sure G-28 reached as i saw LUD a week after sending G-28 but AC21 is lost somewhere in USCIS blackhole.
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micofrost
07-19 01:05 AM
Actually some of concern of EB3 is valid.But their explanation cannot convince DOS or USCIS. According to DOS/CIS EB1 has more skills than EB2 and EB2 has more skills than EB3. That is not true in many cases. EB1 most cases are genuine except some cases in multi national managers. A manager in CTS could file in EB1 but at the same time similar manager in Intel cannot file in EB1. But only very few are in numbers because of restrictions like working in other country branch etc. So people do not bother about EB1 being current always.
Coming to EB2, the job requirement require Masters or 5 years experience. If the requirement is genuine then it is ok to give priority to EB2. But in reality(mainly consulting companies) the job requirement is decided mostly in Lawyers office or by candidate just because candidate has
master degree or 5 years experience. Though CIS scrutinise the EB2 applications still rejection rate is less. And also many persons trying to use 3 year degree and 2 year Master and apply for Eb2 by adding PG diploma etc.
So it appears that there is no difference in skills between EB2 and EB3. If CIS and companies follow strictly the law and good faith then number of candidates would have been less in EB2 and EB2 would have been current and remaining would have been transferred to EB3. But these reasons could not be given to DOS/CIS. According to DOS/CIS EB2 has more skills than EB3.
Are u saying all eb2s have earned the experience under the table. Then why couldn't you do so then ?
Dont blame the lawyers or the employers. May be there are one or two, which I am yet to find. But if you have seen it and very sure of it, why didnt u complain about it earlier to the appropiate officials.
Dont be a cry baby.
Coming to EB2, the job requirement require Masters or 5 years experience. If the requirement is genuine then it is ok to give priority to EB2. But in reality(mainly consulting companies) the job requirement is decided mostly in Lawyers office or by candidate just because candidate has
master degree or 5 years experience. Though CIS scrutinise the EB2 applications still rejection rate is less. And also many persons trying to use 3 year degree and 2 year Master and apply for Eb2 by adding PG diploma etc.
So it appears that there is no difference in skills between EB2 and EB3. If CIS and companies follow strictly the law and good faith then number of candidates would have been less in EB2 and EB2 would have been current and remaining would have been transferred to EB3. But these reasons could not be given to DOS/CIS. According to DOS/CIS EB2 has more skills than EB3.
Are u saying all eb2s have earned the experience under the table. Then why couldn't you do so then ?
Dont blame the lawyers or the employers. May be there are one or two, which I am yet to find. But if you have seen it and very sure of it, why didnt u complain about it earlier to the appropiate officials.
Dont be a cry baby.
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pansworld
12-10 01:31 PM
Thanks. I plan to go on a recruitment drive. Just have not put a plan together yet. Please share as many experiences as you can.
IV is more than a website. We are trying to build a grassroots organization. Things are taking place offline as well.
It takes time to build the base. Strengthening the state chapters is one of the best thing we can do. Our first chapter meeting was very small as well but we will build from there. More members are forthcoming to meet lawmakers now.
pansworld: I might be able to help reach out to more people in NM
IV is more than a website. We are trying to build a grassroots organization. Things are taking place offline as well.
It takes time to build the base. Strengthening the state chapters is one of the best thing we can do. Our first chapter meeting was very small as well but we will build from there. More members are forthcoming to meet lawmakers now.
pansworld: I might be able to help reach out to more people in NM
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harsh
03-17 09:45 AM
The link is not working dude. IS anyone able to access the link?
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dallasdude
03-05 01:10 PM
Nice job fellas. God bless all of you for getting involved in this. You can expect a contribution from me as well.
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mirage
03-05 12:26 PM
In my opinion Let's contribute $100 each pay them and get this information. I'm sure there'll be 50 people who would want this information for $100....Atleast I'm sick of seeing Visa Dates predictions and seeing Visa bulletins itself. Atleast we'll know what we are dealing with.
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senthil1
09-12 05:35 PM
For President immigration is one of the important issue but not the top most priority. In that high skilled immigration is a part of the immigration. EB reform is just a very small for them compared many challenges in the country. But any President will not Veto any high skilled immigration bill if passed in congress. So congress needs to be satisfied in this issue. I think congress has more power in dealing with immigration.
You said you dont want to get into the discussion on who is better and yet by explicitly mentioning who you think is better, it seems discussion is started :D Being a Friday evening - work slow and I cant help but jump in :)
American presidential politics are highly media driven. When I came to this country and started following politics closely (12+ years ago), initially I was fascinated by all the discussions and transparent process etc. But over the years got convinced that its all a facade - election process here is as much flawed as in a "third world" country. Election 2000 is the biggest proof. Even worse, here people are easily swayed by non-issues. Media creates hype and media creates perceptions about a candidate, real issues and concerns takes back seat most of the times. Just see now - for last couple weeks everyone is talking about a VP candidate - the power of a VP is limited but yet everyone is talking about her and almost forgot the presidential candidate of the same party. The republican favoring press wants to project her as the next savior (which unfortunately seems to be working) and whip up their cadre. The democratic favoring press wants to project her apparent inexperience etc. We may soon see who is going to win in their "spin". In general republicans are pretty good in spin stories and project an apparently dumb candidate as someone with "whom you can have a beer with" and get him elected; now they might even succeed in projecting a 30+ year senator who backs current administration as an agent of change !!?!!! and people might even fall for that argument. Of course there are spin stories on the other side too.
Anyways, whoever wins this time - I think our situation wont change much and might even get worse. As the economy get worse - it would be very difficult to get any new bill favoring us (note I am talking about EB green cards not H1B). There is already a good effort by likes of numbersusa and programmers guild to project HR5882 as if it will kills jobs. As we know HR5882 is only for recapturing unused greencards the beneficiaries of which are mostly in this country already. It should have been a completely non-controversial bill - if we can see the resistance its facing we can imagine about any other bill that propose increase of GC numbers or something such. So prospects for anything better happening is very poor irrespective of who the next president is - that's my reading on this.
You said you dont want to get into the discussion on who is better and yet by explicitly mentioning who you think is better, it seems discussion is started :D Being a Friday evening - work slow and I cant help but jump in :)
American presidential politics are highly media driven. When I came to this country and started following politics closely (12+ years ago), initially I was fascinated by all the discussions and transparent process etc. But over the years got convinced that its all a facade - election process here is as much flawed as in a "third world" country. Election 2000 is the biggest proof. Even worse, here people are easily swayed by non-issues. Media creates hype and media creates perceptions about a candidate, real issues and concerns takes back seat most of the times. Just see now - for last couple weeks everyone is talking about a VP candidate - the power of a VP is limited but yet everyone is talking about her and almost forgot the presidential candidate of the same party. The republican favoring press wants to project her as the next savior (which unfortunately seems to be working) and whip up their cadre. The democratic favoring press wants to project her apparent inexperience etc. We may soon see who is going to win in their "spin". In general republicans are pretty good in spin stories and project an apparently dumb candidate as someone with "whom you can have a beer with" and get him elected; now they might even succeed in projecting a 30+ year senator who backs current administration as an agent of change !!?!!! and people might even fall for that argument. Of course there are spin stories on the other side too.
Anyways, whoever wins this time - I think our situation wont change much and might even get worse. As the economy get worse - it would be very difficult to get any new bill favoring us (note I am talking about EB green cards not H1B). There is already a good effort by likes of numbersusa and programmers guild to project HR5882 as if it will kills jobs. As we know HR5882 is only for recapturing unused greencards the beneficiaries of which are mostly in this country already. It should have been a completely non-controversial bill - if we can see the resistance its facing we can imagine about any other bill that propose increase of GC numbers or something such. So prospects for anything better happening is very poor irrespective of who the next president is - that's my reading on this.
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prince_charming
09-12 07:28 PM
I am not a lawyer, but this is what my understanding: if your I-485 was is pending for at least 180 days and your I-140 was approved at the time when you used AC21, you should be safe. In this scenario, even if the ex-employer revokes your I-140, you should be fine and if USCIS has denied your I-485 based on this, you should be able to fight it.
USCIS usually won't deny a I-485 unless the applicant was out of status at some point of time. Sometimes, the attorney messes up the application somewhere and that causes denial. But again, as someone has mentioned, USCIS is suppose to issue NOID before denying it. If they haven't done so, this gives you an additional material to fight the denial.
I would suggest that you wait for the denial notice and see what it says. If it sounds complicated or you think the USCIS has made a mistake, get a reputable attorney and file a MTR.
After searching on google, i found almost 20 cases on first 2-3 pages itself indicating the denial notice and MTR.
I think they are just sending denials to put us in another limbo.... Its going to be the hardest and longest 10-15 days of my life........
USCIS usually won't deny a I-485 unless the applicant was out of status at some point of time. Sometimes, the attorney messes up the application somewhere and that causes denial. But again, as someone has mentioned, USCIS is suppose to issue NOID before denying it. If they haven't done so, this gives you an additional material to fight the denial.
I would suggest that you wait for the denial notice and see what it says. If it sounds complicated or you think the USCIS has made a mistake, get a reputable attorney and file a MTR.
After searching on google, i found almost 20 cases on first 2-3 pages itself indicating the denial notice and MTR.
I think they are just sending denials to put us in another limbo.... Its going to be the hardest and longest 10-15 days of my life........
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gc78
05-01 03:13 PM
Just made a $100 contribution. Receipt ID: 5GJ663284A268972P.
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deepakd
07-01 11:06 PM
I dont agree with you..Larrabee is a top firm who handled our case very well..its ur company to blame if they have not filed perm for you.
Sorry, I don't agree with you and also my mistake that I am linking my perm labor filing with Larrabee. I agree my perm labor is delayed because of my company.
But I have seen Larrabee handling my h1B transfer case where they screw up by missing some document. Atleast by my experience I wound not suggest my company and Larrabee as well for any immigration stuff
Sorry, I don't agree with you and also my mistake that I am linking my perm labor filing with Larrabee. I agree my perm labor is delayed because of my company.
But I have seen Larrabee handling my h1B transfer case where they screw up by missing some document. Atleast by my experience I wound not suggest my company and Larrabee as well for any immigration stuff
nrakkati
03-20 08:48 PM
If its a transfer, your I-94 "number" will be same. Check to see if you have same I-94 number on any or all or atleast 2 of your I-94's including the one which they provided you at POE "across" any of your employers (1, 2 and X).
You can also check the application receipt date on them.. see if they are around April of those years? Most probably they will be new filings if the receipt date is around April oppose to September or November.
Hope this helps.
Thanks gapala, for your input. will verify it and post it here.
You can also check the application receipt date on them.. see if they are around April of those years? Most probably they will be new filings if the receipt date is around April oppose to September or November.
Hope this helps.
Thanks gapala, for your input. will verify it and post it here.
chmur
11-17 02:27 AM
You must promote your state chapter by starting a thread and keeping it alive so those visiting the forums will know. (most people only look at latest threads)
Where is the link to your state chapter in your signature?
Well , As I have said in my earlier post I contacted the IV powers-that-be to start the Nebraska state chapter about 3 weeks ago, after initial response (asking for my phone number , which I provided) I am yet to hear from them.
Once the chapter is started, I will do whatever is needed to promote the chapter including starting a thread here and modifying my signature.
Where is the link to your state chapter in your signature?
Well , As I have said in my earlier post I contacted the IV powers-that-be to start the Nebraska state chapter about 3 weeks ago, after initial response (asking for my phone number , which I provided) I am yet to hear from them.
Once the chapter is started, I will do whatever is needed to promote the chapter including starting a thread here and modifying my signature.
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