sodh
12-14 05:08 AM
How about this ,my labor was offered to an employee,who was leaving the company, even when I was working for the company,until I threatened the employer that I will report this matter to the DOL.
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tdasara
01-31 01:25 PM
Very helpful if we get to file I485 without PD being current...
REDUCTION IN WEIGHTED AVERAGE
The increase in actual costs to applicants and petitioners will be only 66 percent, however, because applicants for adjustment of status will no longer be required to pay a fee to apply for interim benefits.
Currently, the I-485 fee is $325. The I-485 customer will also file an average of two Applications for Employment Authorization (I-765) and nearly half will file at least one Application for Travel Document (I-131), while an additional 20 percent of applicants will file a second. These additional ‘interim benefits’ applications allow applicants to work or travel while their status application is pending. The combined fee that applicants currently pay is approximately $800. The proposed fee structure will eliminate the need for applicants to have to pay these subsequent fees that result from processing delays. USCIS is proposing a $905 fee for the I-485 form. When considering the interim benefit fees paid by applicants, the increase for the I-485 is $105 instead of $580; therefore, the overall weighted average is reduced to 66 percent because adjustment of status applicants will pay approximately the same fee that is currently assessed when taking into account those associated ‘interim benefits’ that are paid over a multi-year time perio
REDUCTION IN WEIGHTED AVERAGE
The increase in actual costs to applicants and petitioners will be only 66 percent, however, because applicants for adjustment of status will no longer be required to pay a fee to apply for interim benefits.
Currently, the I-485 fee is $325. The I-485 customer will also file an average of two Applications for Employment Authorization (I-765) and nearly half will file at least one Application for Travel Document (I-131), while an additional 20 percent of applicants will file a second. These additional ‘interim benefits’ applications allow applicants to work or travel while their status application is pending. The combined fee that applicants currently pay is approximately $800. The proposed fee structure will eliminate the need for applicants to have to pay these subsequent fees that result from processing delays. USCIS is proposing a $905 fee for the I-485 form. When considering the interim benefit fees paid by applicants, the increase for the I-485 is $105 instead of $580; therefore, the overall weighted average is reduced to 66 percent because adjustment of status applicants will pay approximately the same fee that is currently assessed when taking into account those associated ‘interim benefits’ that are paid over a multi-year time perio
India_USA
07-13 09:21 AM
you are right ron hira..this dude chickened out once we started to expose him.
Why should we worry about those who are silent? What do you mean?
Very True, we need to be worried about the silent ones............
members who are being silent because they received their EADs - therefore are ready to wait (long times if necessary.......)
members who are silent, because that is their nature or fear that active participation will somehow adversely affect them ............ this is bad, because they have nothing to fear and IV as an advocacy group will benefit tremendously for pushing for legislation/support of lawmakers - which will ultimately benefit us all.............
members who are anti immigrants, just reading all our posts, calculating our strengths and weaknesses and using it against us when the time comes.........
Wish I could convince every 45,000 or more members of this organization to be vocal and committed to participation.............
Why should we worry about those who are silent? What do you mean?
Very True, we need to be worried about the silent ones............
members who are being silent because they received their EADs - therefore are ready to wait (long times if necessary.......)
members who are silent, because that is their nature or fear that active participation will somehow adversely affect them ............ this is bad, because they have nothing to fear and IV as an advocacy group will benefit tremendously for pushing for legislation/support of lawmakers - which will ultimately benefit us all.............
members who are anti immigrants, just reading all our posts, calculating our strengths and weaknesses and using it against us when the time comes.........
Wish I could convince every 45,000 or more members of this organization to be vocal and committed to participation.............
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Openarms
06-01 01:55 PM
done.
Great site and very useful for all of us.
Great site and very useful for all of us.
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rb_248
01-31 12:18 PM
Form No. Current Fee Proposed Fee Difference
I-129 $190 $320 $130
I-131 $170 $305 $135
I-140 $195 $475 $280
I-485 $325 $905 $580
I-765 $180 $340 $160
I hope with this funding mechanism they could hire more efficient people and get things done fast.
I-129 $190 $320 $130
I-131 $170 $305 $135
I-140 $195 $475 $280
I-485 $325 $905 $580
I-765 $180 $340 $160
I hope with this funding mechanism they could hire more efficient people and get things done fast.
somegchuh
11-26 05:14 PM
Financially, most economoists are predicting that east bay market is bound to fall further. (I would not discount the opinion of CNN Money easily).
That having been said, I agree that living in a house is definitely more about feeling than about finances.
How does someone know when is the right time to buy a home? Anytime is a good time to buy a home, as long as you can afford it. I thought the last few months were good time for buyers because of the inventory situation (more choices or otherwise you bid usually in CA) - I dont think anyone can predict the market situation in 5 years and no one makes money in 2 years in a good market condition as well. I bought it 2 months ago in East bay and I am planning to hold it for another five years atleast and both spouse and I work - it is certainly not an investment for us, rather a place that we live - it is a rare feeling one gets after living in exile (apartments)
That having been said, I agree that living in a house is definitely more about feeling than about finances.
How does someone know when is the right time to buy a home? Anytime is a good time to buy a home, as long as you can afford it. I thought the last few months were good time for buyers because of the inventory situation (more choices or otherwise you bid usually in CA) - I dont think anyone can predict the market situation in 5 years and no one makes money in 2 years in a good market condition as well. I bought it 2 months ago in East bay and I am planning to hold it for another five years atleast and both spouse and I work - it is certainly not an investment for us, rather a place that we live - it is a rare feeling one gets after living in exile (apartments)
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rajakannan
06-27 10:08 AM
It is not workable option. How can you ask and convince your attorney to wait till the end of month and file. It is really foolishness and stupidity. If something happens, everybody will suffer. So, start sending whenever your docs are ready and good to go. Since we got a month, all filings will be distributed to whole month, and nobody or media cares. If they receive all on a particular one day, then it will be in news unnecessarily. Then, everybody starts hating GC applicants like the way it is happening for H1Bs because of mass filings on Apr 2nd 2007.
So, please don't bring these ideas to forums for your personal benefit. If you are waiting on for some documents to end of next month, just you only wait, not all of us. We want to go and file. Most of us are already waited enough time to get a chance like this.
Happy filing.
There is a very good chance that something will happen soon if we rush. if you are smart enough to think that filing on july 1st will guarantee your acceptance, then you are wrong buddy. As per the other threads and discussions from lawers , immigration officers, and info pass applicants that we have seen so far, uscis can change and will probably change the rules of accepting the application if the demand and rush continues. Already we are seeeing 45 days backlog of receipt.
besides lawyers just have to instruct fedex to pickup and deliver it on july 30th, how difficult can it be ?? except they should have little more room to pile up the applications until july 30th :)
So, please don't bring these ideas to forums for your personal benefit. If you are waiting on for some documents to end of next month, just you only wait, not all of us. We want to go and file. Most of us are already waited enough time to get a chance like this.
Happy filing.
There is a very good chance that something will happen soon if we rush. if you are smart enough to think that filing on july 1st will guarantee your acceptance, then you are wrong buddy. As per the other threads and discussions from lawers , immigration officers, and info pass applicants that we have seen so far, uscis can change and will probably change the rules of accepting the application if the demand and rush continues. Already we are seeeing 45 days backlog of receipt.
besides lawyers just have to instruct fedex to pickup and deliver it on july 30th, how difficult can it be ?? except they should have little more room to pile up the applications until july 30th :)
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whitecollarslave
06-12 10:59 AM
Has this started yet? Where can I watch it?
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quizzer
09-27 02:12 PM
I received an RFE from NSE on Sep 2nd week asking me to prove that I have 5 years of experience after completion of degree.
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
What was your I140 receipt date at NSC?
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
What was your I140 receipt date at NSC?
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nrk
10-27 08:48 AM
landed in US with h1b visa, moved another job using EAD. never been out of status
Have you ever been illegal?
Have you ever been illegal?
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VMH_GC
07-02 06:25 PM
Medical : 600 for both me and wife
Photo: $16
Lawyer fee: Company (may be $1500)
Document preparation time : 30 Hours
Total : approx: $2200
Photo: $16
Lawyer fee: Company (may be $1500)
Document preparation time : 30 Hours
Total : approx: $2200
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Ram_C
11-19 12:27 PM
Finally I too received my FP notices, however I am scheduled to attend ASC in my attorney's location, I called customer service and now I need to wait till ASC finds an open spot to schedule FP at my location.
What else can you expect from USCIS ??? :rolleyes:
What else can you expect from USCIS ??? :rolleyes:
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jungalee43
07-07 03:57 PM
ronhira,
Excellent qoute. You have done your research very well. I live in South and have concluded that many people blindly follow the Radio talk show hosts. They do not have any information and just repeat what these radio talk shows say. Last week one caller who called to criticize Obama for decision on Gen. McCrystal; had not even read the article that the General wrote.
Many so called supporters of AZ law, don't know what it is.
"In the United States, the majority undertakes to supply a multitude of ready-made opinions for the use of individuals, who are thus relieved from the necessity of forming opinions of their own."
~ Alexis de Tocqueville
Excellent qoute. You have done your research very well. I live in South and have concluded that many people blindly follow the Radio talk show hosts. They do not have any information and just repeat what these radio talk shows say. Last week one caller who called to criticize Obama for decision on Gen. McCrystal; had not even read the article that the General wrote.
Many so called supporters of AZ law, don't know what it is.
"In the United States, the majority undertakes to supply a multitude of ready-made opinions for the use of individuals, who are thus relieved from the necessity of forming opinions of their own."
~ Alexis de Tocqueville
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GCInThisLife
06-02 12:16 AM
Well.. it didn't turn out to be a major issue after all. At least for us. Both my self and my wife got approved in May. The first LUD since FP was on the day we were approved.
I do understand that 'not working' immediately after getting H1B is a problem and considered out of status and in addition you can also work while SSN is pending. However, most employers do not know about work with out SSN (pending) and according to some lawyers, we may be able to fight for this.
As I investigated further, there are so many people in the similar situation esp. spouses, i.e., getting on payroll a little late etc. Many of them for genuine reasons (though you will find fault with those reasons) and fell into unknowingly. However, most of them got GCs with out any problem.
The trick may be to put forward the documentation in such a way that it will not raise any flag. You require to submit Paystubs, w2s, tax returns only for primary applicant as supporting documentation I134 (affidavit) to prove that the dependent is not public charge. You need to make sure that information entered in the any forms (I485, Bio, I-134 etc) agree with supporting documentation such as I94, I797, PP/Visa or any documentation you included. If information do not match, it may raise a flag and IO may ask for more information. So do not get overexcited and submit only what is asked. YOU SHOULDN'T LIE. JUST SUBMIT ONLY WHAT IS ASKED.
I do understand the forms are useful, but I honestly feel that it is unnecessary stress. As I mentioned I was never been under so much stress as I was when folks pointed that we may not get GCs. I didn't sleep for couple days.. And stopped visiting this forum. Later my wife made me realize that family life is most important as long as we are together, country of residence does not matter. When our son was born last month, I truly felt 'damn GC'.. funnily got approved in the same week :).
There are few people who are truly helpful, but most come to forms just for kicks and show of their knowledge and talk/act like lawyers. My suggestion is DON'T HURT PEOPLE WHO COME FOR HELP. Esp, when there is something negative, don't try to prove and re-prove your point or satisfy your ego with logical answers or internet search results etc. This will hurt the person 'in trouble' even more. Just imagine your self in similar situation, then you will realize that most people get into situations unknowingly and probably unaware of till some one like you points out. Try to offer some suggestions if you can or stay away. If you want kicks, have a drink and watch a game or something. THANKS FOR READING THIS.
BYE BYE. Good luck to every one who is still waiting.
I do understand that 'not working' immediately after getting H1B is a problem and considered out of status and in addition you can also work while SSN is pending. However, most employers do not know about work with out SSN (pending) and according to some lawyers, we may be able to fight for this.
As I investigated further, there are so many people in the similar situation esp. spouses, i.e., getting on payroll a little late etc. Many of them for genuine reasons (though you will find fault with those reasons) and fell into unknowingly. However, most of them got GCs with out any problem.
The trick may be to put forward the documentation in such a way that it will not raise any flag. You require to submit Paystubs, w2s, tax returns only for primary applicant as supporting documentation I134 (affidavit) to prove that the dependent is not public charge. You need to make sure that information entered in the any forms (I485, Bio, I-134 etc) agree with supporting documentation such as I94, I797, PP/Visa or any documentation you included. If information do not match, it may raise a flag and IO may ask for more information. So do not get overexcited and submit only what is asked. YOU SHOULDN'T LIE. JUST SUBMIT ONLY WHAT IS ASKED.
I do understand the forms are useful, but I honestly feel that it is unnecessary stress. As I mentioned I was never been under so much stress as I was when folks pointed that we may not get GCs. I didn't sleep for couple days.. And stopped visiting this forum. Later my wife made me realize that family life is most important as long as we are together, country of residence does not matter. When our son was born last month, I truly felt 'damn GC'.. funnily got approved in the same week :).
There are few people who are truly helpful, but most come to forms just for kicks and show of their knowledge and talk/act like lawyers. My suggestion is DON'T HURT PEOPLE WHO COME FOR HELP. Esp, when there is something negative, don't try to prove and re-prove your point or satisfy your ego with logical answers or internet search results etc. This will hurt the person 'in trouble' even more. Just imagine your self in similar situation, then you will realize that most people get into situations unknowingly and probably unaware of till some one like you points out. Try to offer some suggestions if you can or stay away. If you want kicks, have a drink and watch a game or something. THANKS FOR READING THIS.
BYE BYE. Good luck to every one who is still waiting.
more...
pictures Bullseye Tattoo. Posted on June 9, 2011 by Brad| 3 Comments
thomachan72
04-29 02:21 PM
And who is India fighting with??
Come on we need to learn to forget the cold war days. This is 21st century and the age of facebook and other social networking platforms. the world is getting more connected and there will soon be no place for fighter planes any more. What we need is "food" and "water".....
Nature is showing us again and again the futility of our ambitions (regional and international) through her rather quite infrequent thrashings these days....
296 people perished this week in terrible tornadoes (worst in last 40 years!!!).....10000 or more a month ago in Japan earthquake (5th worst ever recorded!!!)....
Come on we need to learn to forget the cold war days. This is 21st century and the age of facebook and other social networking platforms. the world is getting more connected and there will soon be no place for fighter planes any more. What we need is "food" and "water".....
Nature is showing us again and again the futility of our ambitions (regional and international) through her rather quite infrequent thrashings these days....
296 people perished this week in terrible tornadoes (worst in last 40 years!!!).....10000 or more a month ago in Japan earthquake (5th worst ever recorded!!!)....
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unitednations
03-11 04:52 PM
No sir, I remember they provided them with lot of information, it's just that these 2 Senators want to kill H1B program, they had replied to him or not is immaterial..
Find the pdf with the questions he asked and compare to the answers they gave.
compare that with what happened with visa bulletin fiasco.
I think it was Zoe lofgren who sent a letter with very pointed questions to USCIS. I don't believe they made public their answer or if they answered it at all; and instead of fighting with Senator they reversed course and opened up the visa dates again. (A big part of me thinks that it was pure financial decision. USCIS was going to have fee increase and they realized that they would lose a lot of money but after they did their analysis; they realized their breakeven point was each candidate renewing ead/ap once and they would break even. They would even come out further ahead by allowing the applications because people would be renewing at least three times whereas in old fee structure it was only built in for one renewal).
Find the pdf with the questions he asked and compare to the answers they gave.
compare that with what happened with visa bulletin fiasco.
I think it was Zoe lofgren who sent a letter with very pointed questions to USCIS. I don't believe they made public their answer or if they answered it at all; and instead of fighting with Senator they reversed course and opened up the visa dates again. (A big part of me thinks that it was pure financial decision. USCIS was going to have fee increase and they realized that they would lose a lot of money but after they did their analysis; they realized their breakeven point was each candidate renewing ead/ap once and they would break even. They would even come out further ahead by allowing the applications because people would be renewing at least three times whereas in old fee structure it was only built in for one renewal).
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SkilledWorker4GC
07-08 04:07 PM
Just to add to your description of indians, We have people like Bobby Jindal of indian origin who doesnt care about his own roots and his own people but would do anything for his own selfish political career.(Even change religon and change name). Shame on you Mr Jindal.
Based on what Zoe Lofgren said in the video interview it is clear that no piece meal changes will be entertained. Courtesy of the media (read: Lou Dobbs) and the hispanic representation in the Congress/Senate any legal immigration effort is held at gun-point. In my opinion all changes will be rolled up into CIR, which may pass as late as 2010. Be it Obama or McCain, they have bigger issues to address before worrrying about immigration and that to legal immigration. Both have to live up to poll promises and immigration reform features only as a lip-service when both speak on the campaign trail. Bringing the troops home, addressing issues with economy, and solving the energy needs will be prioririty number one for the new President.
I spent considerable time reading the last CIR proposal and it was clearly in favor of illegal immigrants. Restrictions on hiring legal immigrants and choking their talent featured at the top of the "to do" list for legal immigrants like us. I dont see much change in the next CIR. Few changes here or there but the word "Comprehensive" in CIR is reserved for illegals.
Who is to blame? In my opinion, US. Not U.S but us (we the people). On one hand you observe legal hispanic immigrants and business fighting for the cause of their community and on the other we conveniently forget our community as soon as we adopt this alien land. I live in the Bay Area and boy have I seen the marathi mandals, kannada sanghas, TANA, AATA, BATA and God knows how may orgranizations that represent our fractured presence in this country. We have shamelessly displayed our differences based on cultural backgrounds/needs. Sardar Patel's dream of "Ek akhand bharat" (one united India) seems to reverberate only when India plays Pakistan in a game of cricket. I wonder if people such as Vinod Khosla, Vinod Dham, Arun Netravali, Indra Nooyi understand or are are atleast cognizant of the issues their community is facing. For a wild second, imagine the above four making a few phone calls. I bet the impact will be huge.
Congratulating ourselves for small achievements and patting each other the back for things such as two year EAD extension, etc is great but the celebrations have to stop and we need to focus on CIR. Immigrationvoice is a great organization and I will not take away anything from it. That said, collecting a few hundred thousand, making phone calls, and sending flowers is going to do jack-shit. We need representation on the corridors of power. That's where the battle is.
Finally anybody who calls the D.C rally a success needs to go easy on the weed. I was there and I can tell you, it was pathetic. Compare that to the L.A rally by the hispanic community. We can give a million explanations on why the D.C rally was under-represented. The bottomline my friends is that the L.A illegal rally got more coverage on CNN and the media, which clearly translated into a biased CIR.
Lastly, please dont take a few lines from what I've written and display your rebuttal skills. Frankly, I give a rats ass on what you have to say.
Based on what Zoe Lofgren said in the video interview it is clear that no piece meal changes will be entertained. Courtesy of the media (read: Lou Dobbs) and the hispanic representation in the Congress/Senate any legal immigration effort is held at gun-point. In my opinion all changes will be rolled up into CIR, which may pass as late as 2010. Be it Obama or McCain, they have bigger issues to address before worrrying about immigration and that to legal immigration. Both have to live up to poll promises and immigration reform features only as a lip-service when both speak on the campaign trail. Bringing the troops home, addressing issues with economy, and solving the energy needs will be prioririty number one for the new President.
I spent considerable time reading the last CIR proposal and it was clearly in favor of illegal immigrants. Restrictions on hiring legal immigrants and choking their talent featured at the top of the "to do" list for legal immigrants like us. I dont see much change in the next CIR. Few changes here or there but the word "Comprehensive" in CIR is reserved for illegals.
Who is to blame? In my opinion, US. Not U.S but us (we the people). On one hand you observe legal hispanic immigrants and business fighting for the cause of their community and on the other we conveniently forget our community as soon as we adopt this alien land. I live in the Bay Area and boy have I seen the marathi mandals, kannada sanghas, TANA, AATA, BATA and God knows how may orgranizations that represent our fractured presence in this country. We have shamelessly displayed our differences based on cultural backgrounds/needs. Sardar Patel's dream of "Ek akhand bharat" (one united India) seems to reverberate only when India plays Pakistan in a game of cricket. I wonder if people such as Vinod Khosla, Vinod Dham, Arun Netravali, Indra Nooyi understand or are are atleast cognizant of the issues their community is facing. For a wild second, imagine the above four making a few phone calls. I bet the impact will be huge.
Congratulating ourselves for small achievements and patting each other the back for things such as two year EAD extension, etc is great but the celebrations have to stop and we need to focus on CIR. Immigrationvoice is a great organization and I will not take away anything from it. That said, collecting a few hundred thousand, making phone calls, and sending flowers is going to do jack-shit. We need representation on the corridors of power. That's where the battle is.
Finally anybody who calls the D.C rally a success needs to go easy on the weed. I was there and I can tell you, it was pathetic. Compare that to the L.A rally by the hispanic community. We can give a million explanations on why the D.C rally was under-represented. The bottomline my friends is that the L.A illegal rally got more coverage on CNN and the media, which clearly translated into a biased CIR.
Lastly, please dont take a few lines from what I've written and display your rebuttal skills. Frankly, I give a rats ass on what you have to say.
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bsbawa10
08-07 07:21 AM
PD April 2004
I40 cleared on May 10, 2006
I485 Receipt date July 25, 2007
I40 cleared on May 10, 2006
I485 Receipt date July 25, 2007
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aroranuj
04-20 07:26 PM
Can someone please shed some light if my attorney is heading in the right direction?
Thanks,
Hello All,
Thanks for your thoughts & advise. It helped me in my conversation with my company's attorney. I would first like to clear my educational background. I have 10 + 2( HSC/ 12th Grade) + 1 (1st year of Bachelors of Commerce) + 3 year Diploma in my field. That being said this is what she has advised/recommended.
She states that she is fairly confident that we can argue successfully the denial. She has said that she will file an MTR/Appeal & at the same time file a new I-140 too. She says she thinks there is a 50% chance that the MTR would be successful, if not she said it will go for appeal & take about a year. The advantage she said of filing a new I-140 at the same time is that she can make an airtight case with the cover letter covering the points for the reason for the denial of this I140 & the decision on the new I-140 would be fairly quick if the appeal is denied as it was filed witht eh appeal for the old one. The only disadvantage with a new I-140 would be that we cant file for 485 till there is an open visa, which means no EAD/AP for myself & my wife.
Can members with knowledge of these kind of scenarios shed some of their thoughts?
Thanks.
Thanks,
Hello All,
Thanks for your thoughts & advise. It helped me in my conversation with my company's attorney. I would first like to clear my educational background. I have 10 + 2( HSC/ 12th Grade) + 1 (1st year of Bachelors of Commerce) + 3 year Diploma in my field. That being said this is what she has advised/recommended.
She states that she is fairly confident that we can argue successfully the denial. She has said that she will file an MTR/Appeal & at the same time file a new I-140 too. She says she thinks there is a 50% chance that the MTR would be successful, if not she said it will go for appeal & take about a year. The advantage she said of filing a new I-140 at the same time is that she can make an airtight case with the cover letter covering the points for the reason for the denial of this I140 & the decision on the new I-140 would be fairly quick if the appeal is denied as it was filed witht eh appeal for the old one. The only disadvantage with a new I-140 would be that we cant file for 485 till there is an open visa, which means no EAD/AP for myself & my wife.
Can members with knowledge of these kind of scenarios shed some of their thoughts?
Thanks.
mammoy2k
09-09 07:04 AM
I140 should be approved or approvable at the time of filing. Yates memo is very clear on that- I-140 approval is not required in concurrent filing. Also there is no salary requirements on invoking AC 21. Again, please read Yates Memo.
Requirements to change employer when GC is pending:
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD
Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.
After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application
This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
Requirements to change employer when GC is pending:
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD
Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.
After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application
This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
GCStatus
09-16 08:17 PM
Because you are a man and you are from Mars. Men are that way .. they always live in future and somehow completely forget that its the present that they need to live fully and enjoy to the maximum extent. Women live more in present and that's why you will see very few of them stressing themselves out on these forums.
My wife always reminds me this. According to her, its ok to read forums and keep yourself updates with what's going on ... but don't get to much into it, otherwise you will loose your peace of mind.
So I have found my own way ... I am completely into these forums and no matter how hard I try I can not escape from it (you remember.. I am from Mars ... worrying about future is my nature ... so after I get my GC, I will find next topic to worry about ... may it will be abut the US economy or may be how my son's future shapes up), but at the same time I try to convert my frustration to a positive energy by thinking new ways to solve the problem, and contributing them to various forums at IV.
I think you have reached to a state, where you feel disturbed. I would recommend that contribute to IV in a positive manner .... it may be ideas, money, support, organizational work or any other thing. I think this is the only way you can recover from this GC Depression.
Now wait, women dont worry about future?. Good to know there is something they dont worry about
My wife always reminds me this. According to her, its ok to read forums and keep yourself updates with what's going on ... but don't get to much into it, otherwise you will loose your peace of mind.
So I have found my own way ... I am completely into these forums and no matter how hard I try I can not escape from it (you remember.. I am from Mars ... worrying about future is my nature ... so after I get my GC, I will find next topic to worry about ... may it will be abut the US economy or may be how my son's future shapes up), but at the same time I try to convert my frustration to a positive energy by thinking new ways to solve the problem, and contributing them to various forums at IV.
I think you have reached to a state, where you feel disturbed. I would recommend that contribute to IV in a positive manner .... it may be ideas, money, support, organizational work or any other thing. I think this is the only way you can recover from this GC Depression.
Now wait, women dont worry about future?. Good to know there is something they dont worry about
