chanduv23
07-11 12:01 PM
I am not sure if I should be happy or sad with this news. I was laidoff recently and had applied for I-485 on July 17,2007 i.e. current processing date for TSC. Also with this bulletin I will be current (EB2 2006). I have not found a new job yet and my company has told me that they will be revoking my I-140 after 30 days. My company lawyers are not advising me much citing conflict of interest.
What options do I have? Will sending a new G-28 form at this time raise any issues that I do not have job with original employer as my PD is current and it is quite possible that my case maybe adjudicated. In the meantime if I do not sent new G-28 form I am not sure how much my company attorney will co-operate
Saileshdude - relax. Get a job ASAP. PM me your phone number and I will call you
What options do I have? Will sending a new G-28 form at this time raise any issues that I do not have job with original employer as my PD is current and it is quite possible that my case maybe adjudicated. In the meantime if I do not sent new G-28 form I am not sure how much my company attorney will co-operate
Saileshdude - relax. Get a job ASAP. PM me your phone number and I will call you
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santb1975
05-30 12:42 PM
We really need to
skillet
06-20 01:07 PM
Mine was filed in Feb 07. My lawyer has opened an inquiry and its pending too
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learning01
04-26 10:41 AM
Bkarnik:
I respect the efforts of IV and actively support them.. To kick up some dust and buzz, amongst our American collegues, TV news reporters, talking heads, professors etc., I suggested that we must write about this injustice. Taking SS Tax and Medicare tax from non -immigrants is injustice. Americans will not tolerate injustice. What we are discussing here, whether we should do something about this collectively at IV, so that our GC processes will be speeded up, as a indirect consequence. This great country should understand more the injustice is being done to us, the highly skilled immigrants
- in visa extension / stamping issues (a family has to spend 6 to 10 grand to get a visa stamping, appointments are not availabe for next 4 months etc)
- in employment (cannot take promotion, cannot easily change jobs without losing Priority Date),
- in labor clearance and
- in GC Process (visa numbers, etc)
Thanks for the links. I didn't read them as I don't have to. I had indeed done research on the visa stamping issue. I am not ignorant, but I take your words as compliment.
You must understand employment visas, like H1B are non-immigrant visas. That alone should make Uncle Sam stop collecting SS Tax and Medicare. If any trial lawyer does a class action law suit or what we call a Public Interest Litigation, the US government should be in lot trouble. Because no one is questioning, they are passing on. I was also told by a SWA high official, that there is a provision, that you can opt out of deduction of SS Tax and Medicare, if you are on H1.
I want to focus on core IV goals. I will not post any further on this SS Tax issue. But, my last word is: dual intent is dangerous and applicants will be denied visa and entry into US. So, readers be careful. You have a non-immigrant visa.
From US Embassy in Canada for visa stamping requirements:
WILL I QUALIFY FOR A VISA?
In order to qualify for most categories of U.S. non-immigrant visas, you must be able to demonstrate to a U.S. Consular Officer that you have a permanent residence outside the United States that you do not intend to abandon. You may satisfy this requirement by showing you have strong economic and social ties to your country of residence. "Ties" are factors that would require you to return to your country of residence, upon completion of your temporary visit to the United States.
LIN: US Embassay Canada. GOV (http://www.usembassycanada.gov/content/travel/halifax_OF-156.pdf)
I respect the efforts of IV and actively support them.. To kick up some dust and buzz, amongst our American collegues, TV news reporters, talking heads, professors etc., I suggested that we must write about this injustice. Taking SS Tax and Medicare tax from non -immigrants is injustice. Americans will not tolerate injustice. What we are discussing here, whether we should do something about this collectively at IV, so that our GC processes will be speeded up, as a indirect consequence. This great country should understand more the injustice is being done to us, the highly skilled immigrants
- in visa extension / stamping issues (a family has to spend 6 to 10 grand to get a visa stamping, appointments are not availabe for next 4 months etc)
- in employment (cannot take promotion, cannot easily change jobs without losing Priority Date),
- in labor clearance and
- in GC Process (visa numbers, etc)
Thanks for the links. I didn't read them as I don't have to. I had indeed done research on the visa stamping issue. I am not ignorant, but I take your words as compliment.
You must understand employment visas, like H1B are non-immigrant visas. That alone should make Uncle Sam stop collecting SS Tax and Medicare. If any trial lawyer does a class action law suit or what we call a Public Interest Litigation, the US government should be in lot trouble. Because no one is questioning, they are passing on. I was also told by a SWA high official, that there is a provision, that you can opt out of deduction of SS Tax and Medicare, if you are on H1.
I want to focus on core IV goals. I will not post any further on this SS Tax issue. But, my last word is: dual intent is dangerous and applicants will be denied visa and entry into US. So, readers be careful. You have a non-immigrant visa.
From US Embassy in Canada for visa stamping requirements:
WILL I QUALIFY FOR A VISA?
In order to qualify for most categories of U.S. non-immigrant visas, you must be able to demonstrate to a U.S. Consular Officer that you have a permanent residence outside the United States that you do not intend to abandon. You may satisfy this requirement by showing you have strong economic and social ties to your country of residence. "Ties" are factors that would require you to return to your country of residence, upon completion of your temporary visit to the United States.
LIN: US Embassay Canada. GOV (http://www.usembassycanada.gov/content/travel/halifax_OF-156.pdf)
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WAIT_FOR_EVER_GC
09-01 03:28 PM
Landed here on jan 1st, 1998 (F1)
Survived 2 recessions
No hope as labour filled in eb3
Dude you need to get serious about this. It will take you 21 years if the system does not change. Upgrade to EB2.
Survived 2 recessions
No hope as labour filled in eb3
Dude you need to get serious about this. It will take you 21 years if the system does not change. Upgrade to EB2.
iamreddy1
01-05 06:04 PM
My labour was filed in Dec 2004 With Boston DOL. I got my 45 day letter form philli processing center in aug 2006.
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srikondoji
08-02 03:52 PM
I told him that i have to make travel arrangements for the month of october.
He said to call back mid next week, if i didnot get the receipt by then.
Looks like they are having aggressive internal deadlines.
--sri
He said to call back mid next week, if i didnot get the receipt by then.
Looks like they are having aggressive internal deadlines.
--sri
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boom
05-19 08:21 PM
Congrates Ind_game,
You deserved it.Your continued and vigrous effort made the difference.
You deserved it.Your continued and vigrous effort made the difference.
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needhelp!
03-12 02:58 PM
reddog, please explain how you have supported IV in the past in non-monetary ways. For lobbying, there is not much you can do other than support monetarily,or make trips to DC yourself.
I am sure IV core will at least consider such non-monetary support on case-by-case basis.
So your definition of support is 'monetary support' only?
I am sure IV core will at least consider such non-monetary support on case-by-case basis.
So your definition of support is 'monetary support' only?
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hopefulgc
05-25 01:34 PM
Santb1975 is right.
If we stopped trying every time we failed we would not be here, we would still be in the caves looking for the next big invention.. the wheel.
Hell, if your folks stopped trying, you wouldn't be here in the first place.. hope you catch my drift :)
Every time we work on a bill we move a step forward. We have come a long way in the past 2 years. Some bills came and went and did not bring us any relief but that should not stop us from working hard when we see the next window of opportunity.
If we stopped trying every time we failed we would not be here, we would still be in the caves looking for the next big invention.. the wheel.
Hell, if your folks stopped trying, you wouldn't be here in the first place.. hope you catch my drift :)
Every time we work on a bill we move a step forward. We have come a long way in the past 2 years. Some bills came and went and did not bring us any relief but that should not stop us from working hard when we see the next window of opportunity.
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gonecrazyonh4
04-25 11:27 AM
The current Priority date based Labor application system makes the most higly skilled immigrants bonded laborers where the employers can exploit them. This especially happens to people who are highly intelligent but donot try short routes to Green card and do not think of jumbing ahead of others in the que or moving to other companies to get green card processed faster. Reality dawn sonly when nearing the six year completion date of H1B.
We need to change this unjust immigration system so that atleast in future merit gets rewarded and people who really deserve get their green card.
We need to change this unjust immigration system so that atleast in future merit gets rewarded and people who really deserve get their green card.
hot Facebook+funny+pics+to+tag;
tinamatthew
07-21 05:44 PM
Hi Tina,
Do you know any employer or recruiting agency (in NY) who can help sponsoring physical therapists for 140 & 485.
I got a NY work permit and got my crdentials evaluated but unfortunately that emplyer is no longer having job vacancy. Now I am stuck and don't know if I can get benefit from some other employer.
Any input would be greatly helpful.
Hi GC
Are you EB2/EB3?
Did your previous employer put up the notice for 10 business days?
Are you willing to relocate if you don't find a sponsor in NY. Time is not on our side if you are EB3.
Even if you found an employer who is willing to sponsor you now, you still have the problem of the 40 day poster.
Let me know.
Do you know any employer or recruiting agency (in NY) who can help sponsoring physical therapists for 140 & 485.
I got a NY work permit and got my crdentials evaluated but unfortunately that emplyer is no longer having job vacancy. Now I am stuck and don't know if I can get benefit from some other employer.
Any input would be greatly helpful.
Hi GC
Are you EB2/EB3?
Did your previous employer put up the notice for 10 business days?
Are you willing to relocate if you don't find a sponsor in NY. Time is not on our side if you are EB3.
Even if you found an employer who is willing to sponsor you now, you still have the problem of the 40 day poster.
Let me know.
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edgarrecto
12-26 06:25 PM
i filed advance parole maybe august 10,2007, until now status check says pending.
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eb3_nepa
07-14 10:18 PM
Running total so far $608
Good work. Let keep rolling.
Hi gsc999,
Any chance we can put this on the IV homepage itself? If this campaign has to succeed, it needs a 100% of the members to contribute, else the results will be extremely sorry.
Good work. Let keep rolling.
Hi gsc999,
Any chance we can put this on the IV homepage itself? If this campaign has to succeed, it needs a 100% of the members to contribute, else the results will be extremely sorry.
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pictures Tag your facebook mates, pals,
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Milind123
09-13 10:58 PM
For all those people who are gun shy, let me assure you, it does not harm anybody. On the contrary it is helpful to all of us. Please consider pulling the trigger. The fund drive that is happening today is not the last drive; as long as we are active, their will always be fund drives. Maybe you are thinking of contributing after seeing the effects/results of Sept 18th. In that case, I urge you to contribute now to get the maximum bang for your buck. Think about the Macy�s firework in New York. It will be rather boring to see them light one fire work each night during the month of July, just because funds did not arrive in time or were slow to arrive. Sept 18th is our 4th of July. Please make your contributions esp. if this is your first time. Contribute so IV can pay for all the items in their list and make this firework really bright.
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r_mistry
12-28 09:27 AM
My AP application was filed with NSC on July 24th and online status shows receipt date of september 19th. Have not heard anything yet.
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indio0617
03-09 10:48 AM
Amendment - To Eliminate Retroactive act laws which is harsh and unjust.
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h1techSlave
10-01 10:24 AM
[FONT="Microsoft Sans Serif"]
Some unused EB #s were recaptured for families in following year. For example, in 1994 there were 29,430 (column 2) unused EB #s. However, 27,721 (= 253,721 (column 3) - 226,000 (family quota)) of these #s were recaptured for families. Thus, only 29,430 - 27,721 = 1,709 (column 4) were un-recaptured.
Thanks to Macaca, now we know that during the previous years some of the unused EB visas were effectively used for Family based GCs.
My question (and suggestion) is, can the reverse happen in 2007-2008?
I know, this is an opportunistic and shameless suggestion from my part. But the fact of the matter is, we are rightfully entitled to the same number of visa numbers that we effectively 'loaned' to the FB visa category in the previous years.
What is important is that this sort of give and take can happen with out any law change. We only need to cry louder than FB folks, and USCIS may give unused FB visas to EB category.
Some unused EB #s were recaptured for families in following year. For example, in 1994 there were 29,430 (column 2) unused EB #s. However, 27,721 (= 253,721 (column 3) - 226,000 (family quota)) of these #s were recaptured for families. Thus, only 29,430 - 27,721 = 1,709 (column 4) were un-recaptured.
Thanks to Macaca, now we know that during the previous years some of the unused EB visas were effectively used for Family based GCs.
My question (and suggestion) is, can the reverse happen in 2007-2008?
I know, this is an opportunistic and shameless suggestion from my part. But the fact of the matter is, we are rightfully entitled to the same number of visa numbers that we effectively 'loaned' to the FB visa category in the previous years.
What is important is that this sort of give and take can happen with out any law change. We only need to cry louder than FB folks, and USCIS may give unused FB visas to EB category.
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john2255
07-21 12:14 AM
That is exactly what I thought as well. Which is why I'm confused by posters ranting about "people who voted against SKIL bill" and getting their knickers in a twist
Correct me if I am wrong, ---but I thought that "This Ammendment" was attached to a defence bill. I dont think that it was the ammendment that was shot down, but the whole defence bill.
Kindly note,
This particular Cornyn amendment (S.Amdt. 2339) offered to attach to H.R. 2669 (College Cost Reduction Act of 2007 ), but the motion was failed due to lack of 5 votes.(55 YEAS and 40 NAYs. Require 3/5 majority) HR.2669 is passed by both Senate and house and sent for conference to resolve the difference between house and senate versions and president is sure to sign the bill and thus would become the law in another few days. This amendment does not have anything to do with defence bill or with SKILL bill. Following is the actions taken by congress of HR 2669.
IF THE AMENDMENT HAD PASSED WE WOULD HAVE GOT ATLEAST 240,000 RECAPTURED, UNUSED VISAS OF PREVIOUS YEARS IN ANOTHER FEW DAYS.
H.R.2669
Title: To provide for reconciliation pursuant to section 601 of the concurrent resolution on the budget for fiscal year 2008.
Sponsor: Rep Miller, George [CA-7] (introduced 6/12/2007) Cosponsors (31)
Related Bills: H.RES.531
Latest Major Action: 7/20/2007 Resolving differences -- Senate actions. Status: Senate insists on its amendment, asks for a conference, appoints conferees Kennedy; Dodd; Harkin; Mikulski; Bingaman; Murray; Reed; Clinton; Obama; Sanders; Brown; Enzi; Gregg; Alexander; Burr; Isakson; Murkowski; Hatch; Roberts; Allard; Coburn.
House Reports: 110-210
MAJOR ACTIONS:
6/12/2007 Introduced in House
6/25/2007 Reported (Amended) by the Committee on Education and Labor. H. Rept. 110-210.
7/11/2007 Passed/agreed to in House: On passage Passed by recorded vote: 273 - 149 (Roll no. 613).
7/20/2007 Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 78 - 18. Record Vote Number: 272.
7/20/2007 Resolving differences -- Senate actions: Senate insists on its amendment, asks for a conference, appoints conferees Kennedy; Dodd; Harkin; Mikulski; Bingaman; Murray; Reed; Clinton; Obama; Sanders; Brown; Enzi; Gregg; Alexander; Burr; Isakson; Murkowski; Hatch; Roberts; Allard; Coburn.
Correct me if I am wrong, ---but I thought that "This Ammendment" was attached to a defence bill. I dont think that it was the ammendment that was shot down, but the whole defence bill.
Kindly note,
This particular Cornyn amendment (S.Amdt. 2339) offered to attach to H.R. 2669 (College Cost Reduction Act of 2007 ), but the motion was failed due to lack of 5 votes.(55 YEAS and 40 NAYs. Require 3/5 majority) HR.2669 is passed by both Senate and house and sent for conference to resolve the difference between house and senate versions and president is sure to sign the bill and thus would become the law in another few days. This amendment does not have anything to do with defence bill or with SKILL bill. Following is the actions taken by congress of HR 2669.
IF THE AMENDMENT HAD PASSED WE WOULD HAVE GOT ATLEAST 240,000 RECAPTURED, UNUSED VISAS OF PREVIOUS YEARS IN ANOTHER FEW DAYS.
H.R.2669
Title: To provide for reconciliation pursuant to section 601 of the concurrent resolution on the budget for fiscal year 2008.
Sponsor: Rep Miller, George [CA-7] (introduced 6/12/2007) Cosponsors (31)
Related Bills: H.RES.531
Latest Major Action: 7/20/2007 Resolving differences -- Senate actions. Status: Senate insists on its amendment, asks for a conference, appoints conferees Kennedy; Dodd; Harkin; Mikulski; Bingaman; Murray; Reed; Clinton; Obama; Sanders; Brown; Enzi; Gregg; Alexander; Burr; Isakson; Murkowski; Hatch; Roberts; Allard; Coburn.
House Reports: 110-210
MAJOR ACTIONS:
6/12/2007 Introduced in House
6/25/2007 Reported (Amended) by the Committee on Education and Labor. H. Rept. 110-210.
7/11/2007 Passed/agreed to in House: On passage Passed by recorded vote: 273 - 149 (Roll no. 613).
7/20/2007 Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 78 - 18. Record Vote Number: 272.
7/20/2007 Resolving differences -- Senate actions: Senate insists on its amendment, asks for a conference, appoints conferees Kennedy; Dodd; Harkin; Mikulski; Bingaman; Murray; Reed; Clinton; Obama; Sanders; Brown; Enzi; Gregg; Alexander; Burr; Isakson; Murkowski; Hatch; Roberts; Allard; Coburn.
qplearn
12-18 05:54 PM
you are right, and it would be nice, however
it's clear our funds are not exactly astronomical.
so let's concentrate on building them up first along with our membership.
then we can sit back and worry about how much more is really needed....
For instance, I am sure maintaining this web site must cost money. How much more money is needed for our main cost drivers until March (for instance) --- by which time we are hoping some action will be taken?
Adding more members will always help because it produces a bigger impact on senators/ house reps
it's clear our funds are not exactly astronomical.
so let's concentrate on building them up first along with our membership.
then we can sit back and worry about how much more is really needed....
For instance, I am sure maintaining this web site must cost money. How much more money is needed for our main cost drivers until March (for instance) --- by which time we are hoping some action will be taken?
Adding more members will always help because it produces a bigger impact on senators/ house reps
Ramba
10-21 04:07 PM
How can USCIS can judge the legitimacy of the intent of the applicant - it can be very subjective and depend a lot on the way visa officer interprets. For example how long after six months is considered a "long wait"?
There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.
It is tricky. The intent can be proved only by how long the employee has worked for sponsor. If he/she worked considerable period (lets say for 2-3 years in non-immigrant visa (H.L,E) before filing 485 and worked for about 1 year after filing 485) then, it is very easy for the employee to prove his/her intent to have a permanent employment relationship with sponser, if employer try to revoke 140 based on the fact that employee does not have intent. The longivity of the employment relationship with sponser is a great proof. Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.
One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.
Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.
It is tricky. The intent can be proved only by how long the employee has worked for sponsor. If he/she worked considerable period (lets say for 2-3 years in non-immigrant visa (H.L,E) before filing 485 and worked for about 1 year after filing 485) then, it is very easy for the employee to prove his/her intent to have a permanent employment relationship with sponser, if employer try to revoke 140 based on the fact that employee does not have intent. The longivity of the employment relationship with sponser is a great proof. Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.
One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.
Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
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