chi_shark
07-10 10:32 AM
that link you have provided is for ability to pay and wage below dol standards case... i read the entire document and wasted 30 precious minutes of my time and a friends time reading that case... thank for nothing.
7. Here is a case for I-140 that was denied, since offered I-140 job was not permanent full-time job. Read for yourself
Link to case (http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jan022009_06B6203.pdf)
____________________
Not a legal advice.
7. Here is a case for I-140 that was denied, since offered I-140 job was not permanent full-time job. Read for yourself
Link to case (http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jan022009_06B6203.pdf)
____________________
Not a legal advice.
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amitjoey
11-19 12:43 PM
JUST 34 members online
abq_gc
08-18 03:03 PM
Yes they may be by some people. But the rules of this forum state quite clearly, that cussing is NOT welcome. This website is often frequented by members of the Senate/Congress (not the actual lawmakers themselves ofcourse, but their support staff). Do we really want them to see "highly skilled professionals" cussing left and right on them? No.
Just because the IV moderators cannot moderate this forum 24/7 does not mean that we take advantage and post garbage on here
Ok no more cursing... and I agree it wasnt the most sensible thing to do on my part.. but man.. I am frustrated.. and I know so are you but can we please think about it with a cool head and come up with something ????
Just because the IV moderators cannot moderate this forum 24/7 does not mean that we take advantage and post garbage on here
Ok no more cursing... and I agree it wasnt the most sensible thing to do on my part.. but man.. I am frustrated.. and I know so are you but can we please think about it with a cool head and come up with something ????
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dish
12-10 01:31 PM
I had read on the other forums about people receiving phone-calls from USCIS with enquiries about the employer, client, wages etc. They introduce themselves as USCIS personnel and take sensitive information from people. Could they be imposters from the Anti-Immi Side. I do urge caution not to give any Info on the phone. If USCIS wanted info from the H1B holder, they would have done it through regular mail.
more...
JazzByTheBay
09-28 04:36 PM
Given the number of questions and concerns IV members have about AC21 in general and "what after EAD/AP", it makes sense to coordinate with USCIS (and lawmakers if required) on this and get some favorable responses that allay everyone's concerns.
If EAD+AP are like a "provisional GC", USCIS should perhaps not delve too much into the job description of work done after the 180 days past AOS filing, imo. Just as in the case of GCs, the bar of intent to be employed in that job is met by working for that employer for 90-180 days (the latter to be on the safe side). The only reason this is such a huge issue is because of the unreasonable waiting time induced on the GC process due to retrogression.
As a result, folks from retrogression-affected countries suffer from these anxities, whereas those from unaffected countries get their GCs, and are free birds after the 90-180 day period.
It's unreasonable to expect folks from retrogressed countries to be employed in the same position, or to otherwise limit their options by imposing restrictions of new job being the same job description as the one on the approved labor cert.
jazz
First there is not enough AC21 cases to give feed back how their 485s were handled (approved/detail of RFE/denied) due to job change. Becase, almost all guys who used ac21 still in waiting game due to retrogression.
The main thing what I see here is, USCIS has not yet published the final regulation to interpret AC21 act, even after 7 years of passing AC21 act. They are issuing internal field office memo. These memos are non-binding. In other words, one cannot firmly relay on memos or challange the USCIS decision on AC21 portability according to these memos.
However, sofar, these memos are very favorable to workers, including allowing self-employment, one can port even before 140 approval ect...However, USCIS were cautioning in each memos, that the final regulation may be restrictive than memos. If they took restrictive position in final regulation, it will be a huge problem for most peoples, as they might have violated the final regulation.
Another issue is, definition of "same or similar occupational classification". This is going to be very subjective based on how uscis adjudicator going to compare old and new jobs. The memo says by comparing job duties both old and new jobs and based on SOC or ONET code of old and new job they have to decide both jobs are same or similar. As there is no clear regulation it is big issue to go howmuch level of similarity between jobs. For example one guy may think "database administrator" and "network administrator" are similar job to port. The USCIS may think it may not. It is not quantified.
I feel IV should advocate on liberal/quantifyable defintion for similar jobs in AC21 interpretation. For example, all computer professional jobs should be considered as similar jobs as well as all engineering jobs should be considered similar to port. For example mining engineer can port to chemical engineer job etc...
Also, if any one port to self employment in similar job, there is no much information available wheter one should open a company in his/her name or not (by just working in 1099 etc.. for multiple positions). This needs to have a flexible option for workers, like one can work in 1099 w/o opening a bussiness.
Also, IV should advocate on not to have any restrictive interpretation in final regulation.
If EAD+AP are like a "provisional GC", USCIS should perhaps not delve too much into the job description of work done after the 180 days past AOS filing, imo. Just as in the case of GCs, the bar of intent to be employed in that job is met by working for that employer for 90-180 days (the latter to be on the safe side). The only reason this is such a huge issue is because of the unreasonable waiting time induced on the GC process due to retrogression.
As a result, folks from retrogression-affected countries suffer from these anxities, whereas those from unaffected countries get their GCs, and are free birds after the 90-180 day period.
It's unreasonable to expect folks from retrogressed countries to be employed in the same position, or to otherwise limit their options by imposing restrictions of new job being the same job description as the one on the approved labor cert.
jazz
First there is not enough AC21 cases to give feed back how their 485s were handled (approved/detail of RFE/denied) due to job change. Becase, almost all guys who used ac21 still in waiting game due to retrogression.
The main thing what I see here is, USCIS has not yet published the final regulation to interpret AC21 act, even after 7 years of passing AC21 act. They are issuing internal field office memo. These memos are non-binding. In other words, one cannot firmly relay on memos or challange the USCIS decision on AC21 portability according to these memos.
However, sofar, these memos are very favorable to workers, including allowing self-employment, one can port even before 140 approval ect...However, USCIS were cautioning in each memos, that the final regulation may be restrictive than memos. If they took restrictive position in final regulation, it will be a huge problem for most peoples, as they might have violated the final regulation.
Another issue is, definition of "same or similar occupational classification". This is going to be very subjective based on how uscis adjudicator going to compare old and new jobs. The memo says by comparing job duties both old and new jobs and based on SOC or ONET code of old and new job they have to decide both jobs are same or similar. As there is no clear regulation it is big issue to go howmuch level of similarity between jobs. For example one guy may think "database administrator" and "network administrator" are similar job to port. The USCIS may think it may not. It is not quantified.
I feel IV should advocate on liberal/quantifyable defintion for similar jobs in AC21 interpretation. For example, all computer professional jobs should be considered as similar jobs as well as all engineering jobs should be considered similar to port. For example mining engineer can port to chemical engineer job etc...
Also, if any one port to self employment in similar job, there is no much information available wheter one should open a company in his/her name or not (by just working in 1099 etc.. for multiple positions). This needs to have a flexible option for workers, like one can work in 1099 w/o opening a bussiness.
Also, IV should advocate on not to have any restrictive interpretation in final regulation.
zeta7
04-11 10:48 PM
Yes, that's exactly what I'm interested in as well: Landed and returned using AP. A first hand account would be great, so far people have only pointed to indirect references, which I'm not saying is useless, but like I said, first hand details would be the best...
more...
acecupid
07-05 05:57 PM
Dude a stinking dead fish could be considered a bio-weapon :D
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abhisam
02-04 04:20 PM
Well, culture has tremendous impact on people. Looking at the state of our country, what have we become in last 63+ years? Major percentage of population still live under poor living conditions. We are one of the most corrupted countries in the world. Some people want to live in denial. Boasting about greatness that doesn't exist is of no use to the current and future generations. We have to make our country great by changing the conditions. In order to do that, first we need to acknowledge that there are serioous issues. Unless we all unitedly agree that the conditions are pathetic and will worsen, nothing is going to change.
Agree 100%. You have to acknowledge that there is a problem before you can fix it. And I have no shame in accepting that there are problems. I am also proud of where India has reached in the last 20 years or so (especially since some of the purely socialist policies became capitalist leaning). Today Indians are giving Americans some serious and tough competition for jobs, not an easy feat. According to me, things are always grey - there is no black and white. So be proud of your achievements, and learn to accept problems and work on them is my motto in life.
I consider myself a pro-business and a not-so-emotional person. I go where I see a business opportunity. Right now I see great opportunities waiting to be grabbed in India, and I am going back in pursuit of them. India or the US - I know that I will be happy in either place. Like someone said earlier, happiness can be found anywhere, as long as your priorities are straight and you know what they are.
Agree 100%. You have to acknowledge that there is a problem before you can fix it. And I have no shame in accepting that there are problems. I am also proud of where India has reached in the last 20 years or so (especially since some of the purely socialist policies became capitalist leaning). Today Indians are giving Americans some serious and tough competition for jobs, not an easy feat. According to me, things are always grey - there is no black and white. So be proud of your achievements, and learn to accept problems and work on them is my motto in life.
I consider myself a pro-business and a not-so-emotional person. I go where I see a business opportunity. Right now I see great opportunities waiting to be grabbed in India, and I am going back in pursuit of them. India or the US - I know that I will be happy in either place. Like someone said earlier, happiness can be found anywhere, as long as your priorities are straight and you know what they are.
more...
waitforgc123
09-05 09:54 PM
Mine was received on July 3rd, R Williams 9:03 AM - Still waiting no receipt no cashing of check.
I will share with you all as soon as I hear of some progress on this front.
thanks
PD - Apr 06
EB2
I will share with you all as soon as I hear of some progress on this front.
thanks
PD - Apr 06
EB2
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n.narayan
09-23 09:28 AM
Filed I-485/EAD for me & spouse on : July 23th to TSC.
Received on : July 24th.
Receipts Notice date : Sept 13
Receipt Received : Sept 20.
EAD : Not yet
FP : Not yet
Received on : July 24th.
Receipts Notice date : Sept 13
Receipt Received : Sept 20.
EAD : Not yet
FP : Not yet
more...
h1b_slave
06-11 11:56 AM
Prefer seperate checks for each, with one check if even one application gets rejected all will come back - this is what my attorney said
My attorney asked just to give one cheque for $745 each for myself and my spouse for I-485, I -131 and I-765. Our applications will be filed today.
Is this OK. Will all the 3 receipt numbers be printed on the back of one cheque. Please let me know if anyone of you have done the same. Thank you.
My attorney asked just to give one cheque for $745 each for myself and my spouse for I-485, I -131 and I-765. Our applications will be filed today.
Is this OK. Will all the 3 receipt numbers be printed on the back of one cheque. Please let me know if anyone of you have done the same. Thank you.
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gondalguru
08-18 06:35 PM
Stop fighting / dividing EB2 EB3 groups. EB3 filer should be able to port PD under EB2 category if he/she qualifies and obtains additional education / experience / qualification.
FIFO policy will help everybody (EB!, EB2, EB3)and keep things in order. I don't think there is anything wrong asking IV to involve in this matter as it is for everybody's benefit and not just EB2-I.
FIFO policy will help everybody (EB!, EB2, EB3)and keep things in order. I don't think there is anything wrong asking IV to involve in this matter as it is for everybody's benefit and not just EB2-I.
more...
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h4help
08-24 11:41 PM
Applied EB2 I485+AP+EAD
Delivered on July 5th
no receipts yet ...
Delivered on July 5th
no receipts yet ...
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HOPE_GC_SOON
07-21 01:23 PM
Following are details:
PD: 10/05- EB2 I
EAD: Paper File: at TSC: Sent on 4th June.
Receipt date at TSC: June 18th: Check Encashed.
Generic sof LUDon all cases 06/06/08- I donot think, EAD paper file could have reached by 06/6/08. - Not sure of why Soft LUD
July 2nd 07, 485/ap/ead Filer.
thanks
PD: 10/05- EB2 I
EAD: Paper File: at TSC: Sent on 4th June.
Receipt date at TSC: June 18th: Check Encashed.
Generic sof LUDon all cases 06/06/08- I donot think, EAD paper file could have reached by 06/6/08. - Not sure of why Soft LUD
July 2nd 07, 485/ap/ead Filer.
thanks
more...
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needhelp!
02-18 04:27 PM
Its easy to point at IV core for direction, but where is everyone when IV core gives a direction? There was a thread poll for another rally, but how many members came forward? How many IV members made an effort to convince others to vote on that poll so that IV core can plan for a rally?
If IV members do not come forward for contributions and action items then IV core has to make do with limited funds and use them thriftily. That only means lesser results for us.
It was the lobbying that got the bills introduced, so the least that we can do is contribute towards the lobbying expense. Its not going to work if everyone says that they will contribute when a bill comes on the floor.
I guess the reason most of the people are not contributing is because they do not see any strategy going forward. I am sure IV core is working hard on the issues but there is lack of clarity as an organization.When the bulletins come out and dates dont move forward significantly, people start with various ideas ranging from flower campaign to eliminating country cap to EB3 - EB2 portability to ....( Most of them die by the middle of the month).If we look at the past, contribution campaigns have been successful ( up to reasonable extent) when there is a favorable bill on the floor and people see some hope. I remember till last year there was a guy ( I think Chandu13 ) who tried to motivate people for contribution by calling them coward, lazy.....Believe me it never worked...
So I think it is time to get serious and have some synergy and that might motivate people to come forward, participate and contribute.
Good Luck.
If IV members do not come forward for contributions and action items then IV core has to make do with limited funds and use them thriftily. That only means lesser results for us.
It was the lobbying that got the bills introduced, so the least that we can do is contribute towards the lobbying expense. Its not going to work if everyone says that they will contribute when a bill comes on the floor.
I guess the reason most of the people are not contributing is because they do not see any strategy going forward. I am sure IV core is working hard on the issues but there is lack of clarity as an organization.When the bulletins come out and dates dont move forward significantly, people start with various ideas ranging from flower campaign to eliminating country cap to EB3 - EB2 portability to ....( Most of them die by the middle of the month).If we look at the past, contribution campaigns have been successful ( up to reasonable extent) when there is a favorable bill on the floor and people see some hope. I remember till last year there was a guy ( I think Chandu13 ) who tried to motivate people for contribution by calling them coward, lazy.....Believe me it never worked...
So I think it is time to get serious and have some synergy and that might motivate people to come forward, participate and contribute.
Good Luck.
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franklin
06-15 09:14 PM
Is this true?
Was receipt goes to attorney only, not me. Was also told initially that receipt would come in 10 business days, earlier this week I was told 10 more...
Mailed to NSC on: May 31st.
Mailed From State: CA
Received at NSC on: June 1st
Transferred to TSC on: ?
140 approved from : CSC
Receipt Date :?
Notice date :?
Was receipt goes to attorney only, not me. Was also told initially that receipt would come in 10 business days, earlier this week I was told 10 more...
Mailed to NSC on: May 31st.
Mailed From State: CA
Received at NSC on: June 1st
Transferred to TSC on: ?
140 approved from : CSC
Receipt Date :?
Notice date :?
more...
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piyushvora
02-10 05:11 PM
I just contributed $20 via paypal.
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acecupid
09-27 09:11 AM
We got the year..how about the month and day on which to port to eb2?;)
Maybe consider hours, minutes and seconds too... ? :confused: lol
Maybe consider hours, minutes and seconds too... ? :confused: lol
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brij523
12-10 11:58 AM
Hi other IV users,
Did you read the post I wrote above? I think IV need some member who can do foot work. I think IV will agree with my assessment. What is others assessment? If we want to get something done we have to make some strategic and concentrated move.
Not everything could be written on this site.
If you are interested PM me. We can talk privately.
Did you read the post I wrote above? I think IV need some member who can do foot work. I think IV will agree with my assessment. What is others assessment? If we want to get something done we have to make some strategic and concentrated move.
Not everything could be written on this site.
If you are interested PM me. We can talk privately.
JunRN
08-31 08:38 PM
I fully support this rally...what I can do for now is to convince my friends to attend! I will also write some letters to TV and radio to cover this rally. I will also write on some blogs and invite others to attend the rally.
See you on CNN.
See you on CNN.
ita
11-01 04:17 PM
Per my lawyer,
1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
3. Self employment is ok as long as the requirements are met and that is what is I am doing now.
You are not informing USCIS about it .
So just just accept employment from another employer ..just change the job or is there any paperwork involded like transfer of any documents or GC processing ?
what do you mean by invoking ?
Thank you.
1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
3. Self employment is ok as long as the requirements are met and that is what is I am doing now.
You are not informing USCIS about it .
So just just accept employment from another employer ..just change the job or is there any paperwork involded like transfer of any documents or GC processing ?
what do you mean by invoking ?
Thank you.
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