Saturday, June 18, 2011

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  • styrum
    12-19 03:48 PM
    Moreover, the decision totally ignores the fact that "The basis for adjustment is not actual (current) employment but prospective employment" and the entire answer to Q10 in Part I of the Aytes Memo od 12/25/05
    http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

    Still his main problem was that the employer had requested a withdrawal of 140 (apparently doesn't matter when it was actually revoked by USCIS) before 485 was pending for 180 days.

    Resume: make sure the petitioning employer doesn't revoke 140 before 485 is pending for 180.
    As far as actually working for them: You don't have to work for the petitioning emplyer since it is for a "future" position. But if you never do and then (after 485 has been pending for 180 days and provided 140 was not revoked) port to another, how do you show you ever had the intent to work for them? The same answer to the same Q10 in the same memo says: "Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate." So what will be your "additional evidence" of your intent if you never worked for the original petitioning employer? Looks like working for the original petitioner (not neccessarily for all the 180 days after 485 was filed but as long as they don't withdraw 140 before 180 days is up) is the main proof of your intent to work for them and their intent to hire you permanently after you have GC.





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  • shamu
    01-11 09:46 PM
    Dont worry...we are not alone. Infact, we (I and my wife) are going through this phase as we speak.

    1) As someone else pointed group insurance is the best option so far in my research.

    2)** Chk out this site: http://www.aim.ca.gov/english/costs.html I am planning to apply soon hoping that we will qualify

    3) Call a OBGYN and tell them that you dont have insurance, generally they will suggest a community center kind of a place where you can get started with prenatal care, such as re-confirmation, ultrascan etc

    4) Call the hospital for the payment plan and get into it.

    Good luck to us.

    **EDIT: Point 2 is for CA residents only.

    Thank you very much, I wish you both good luck.

    I am trying to find options with hospitals with maternity plan.

    thank you very much.

    i will post my options and results in this forum which would be helpful for all.

    once again thank you and thank you all!





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  • gk_2000
    11-02 10:47 PM
    Well, at least the bill has been introduced in senate. And if it fails then perhaps peacemeal will happen





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  • lacrossegc
    04-13 08:29 PM
    Good Idea ... May be we can build on this ... making monetary contrributions will risk the appearance of "buying a green card".
    How about this:

    Most of us claim to be highly experienced, highly educated, in diverse fields. A while back there was an announcement about serving for the military and in exchange for the service, you get a green card/ fast track to citizenship. In a similar vein, if there is a progam in place where we commit to educate students in colleges, high schools and other accredited institutions for a certain fixed period (say 1-2 yrs), we earn the green card sooner. This would be more platable. We utilize our skills, teach students, serve the community and shows our commitment to our prospective adopted country. It fits in like a glove with what President Obama is calling on citizens to do, his "army of teachers" ready made

    This way we will be able to channelize positive support and there will be nothing that antis could argue against.

    I love to teach, I have taught before while completing my Masters.



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  • v7461558
    07-17 09:56 AM
    Looks like it took it a bit to propagate across USCIS servers. Or else, they put it up and took it down, then put up again.

    With the EAD at Nebraska officially being at 112 days (zero movement since June 18 processing times release), it is no surprise they don't respond to expedited/interim EAD requests anymore when it goes over 90 days. Will we have to file mandamus suits on EAD soon?





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  • rajuram
    01-05 10:11 PM
    In several responses people have compared MBA and PMP, I don't these two are comparable. Any thoughts?



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  • anilsal
    12-20 11:45 PM
    I know Carl Shusterman regularly posts on this forum:
    http://britishexpats.com/forum/

    Is he aware of IV?





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  • realist
    11-03 09:51 AM
    Republicans with the help of the tea party is going to (or try to) move the country extreme right...........this election just made things complicated!

    If you hear both the republicans and tea party - they talk of sticking to core principles. Their principles have not been very good to the middle class..........

    This election has emboldened the republicans and further chickened the democrats - the need for compromise is lost...........

    CIR may be dead/alive; piecemeal may be the option - either way, meeting with lawmakers to take up our issues just intensified. Especially if piecemeal is the way to go, we have to be meeting with every senator and congressman seeking and getting the support - because not only will the anti immigrants oppose it, we probably will have to fight of the CHC too.
    Our community does not have the money or representation in the govt, so our only hope is the aggressive and consistent participation in grassroot efforts and advocate for changes with the lawmakers.

    just my .02 cents...



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  • desi3933
    07-19 12:17 PM
    I have a similar question that has been bugging me for some time and hasn't gotten a clear answer. Here is the details and not sure if there would be any problem to I-485.
    1. My wife came to US on H4 in Dec '03 which is valid up to sept' 06. Given I-94 reflecting same.
    2. Traveled outside US on H4 twice and each time got new I-94 till Set' 06.
    3. Applied for H1B and got approved for adjustment for status from Oct' 2005 with I-94 at the bottom of approval notice. H1B approval notice and I94 is valid till sept' 2008.
    4. Employer (consulting firm) insisted on getting SS number before searching for projects so applied for SS# and waited.
    5. After delays received SS card in March' 06.
    6. Found a project soon, but the start date was from June ' 06 and 'officially' joined the company from June' 06.
    7. Employer asked for a signed letter from my wife that due to health reasons, she is joining two months late - not sure if it is purely for their safety or ours?.
    8. Continuous paychecks since jun '06
    9. Haven't traveled abroad after getting H1B approved.
    9. Applied for I485 together in June' 07 with me being direct beneficiary and wife being derivative. Submitted all documents i., passports, I-94, approval notices, w-2, tax returns, employment letter etc for both.

    So the question is not getting paychecks or not joining the company immediately can cause any problem to her I485? I read some where that It is not a problem for H1B AOS as person is not required to join the employer immediately after getting approved for H4 to H1B AOS and it is a problem only if entered the country on H1B and not receiving paychecks in between.. Is this true??

    Also, it says on DOS website that employee-employer relation is critical for H1B and employee can be on vacation, sick, out of pay etc. Not exactly sure what it means by relation.

    Person, if in USA, has 30 days to start working for H1 employer after CoS approval date. One more thing, one can start working after applying for SSN without waiting for getting actual SSN.

    It seems that she was out of status.


    ______________________
    Not a legal advice.





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  • inskrish
    08-20 10:01 PM
    I'm sorry to hear this...Its happened...
    if you really wanna bring your employer to lime light..prepare yourself..first....Remember..its your life here...anyone[including me) can give free suggestion here ....

    There is no use working with this kind of Employer anymore...so my advice is switch to another employer[Good One] before you react to this...Make sure you pretend as if you are not aware of this and get the best out of him before you leave...once you r done...then show who is he to the outside world...

    I'm sure you be having atleast mail proof...[If not ditch the plan of suing and move on with your next opportunity]....take some time and prepare all the possible proof...hire a good lawyer....File a case against the attorney in the local law chamber where the attorney is practising....they will definely call you to settle the case...make sure you record it as the proof[if you don't have one already ::)].....

    Then hit the employer...make sure you ask a collosal sum through your attorney[Never give chances]....and then post his name and details in the Immigration blogs....

    You lost one of the major milestone in your life...never give up this time....

    Best of luck

    This is really a good advice. Yes, it is important that you make sure there is no threat to your job or H1B visa. Once you are at a safe position, then roll up your sleeves and show your power.

    Regards,
    IK



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  • alias
    08-22 01:49 PM
    [url]http://www.computerworld.com/action/article.do?

    Hira said that one "significant problem" with the Lofgren bills "has to do with using exemptions as a way around tackling the decision of how many [to grant]," and he added the plan to "recapture" was a gimmick to get around the quota issue. Among the questions Congress should look at, says Hira, is the impact of the changes; he indicated, for instance, that the legislation may change incentives, prompting foreign nationals to seek degrees from any U.S. school they can because it will be seen as a path to permanent residency.

    I like this one, Congress should listen to Ron Hira if they want to get it right!





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  • psaxena
    05-29 08:00 PM
    Guys go to this website and sign up and vote yes for this bill.

    http://www.opencongress.org/bill/111-s1085/show



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  • va_dude
    09-09 03:24 PM
    You are right, the PMP doesn't really fit too well with more contemporary software development methdologies of today. But the book still adds some value in that it still talks about the basic fundamentals of planning, executing and monitoring - which are activities practiced in all industries.

    I did get some additional value by reading up on agile project mgmt. Its more software dev specific.

    Asking an architect for an opinion on proj mgmt is a waste of time. There usually is a sharp divide between their perspectives (i've been on both sides of this debate). Technical architects usually feel mgmt is a bunch of fluff, which many times it is, but a lot of it is still "essential" fluff :)





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  • BharatPremi
    11-07 02:00 PM
    I received my AP on Nov 3 and looking at the AP doc it had an approval date of Oct 10 whereas I had "Document mailed to applicant" message on Oct 31.
    I am not sure what happened between Oct 10 and Oct 31st.

    I am sure nothing happened between that period to your papers except eating dust in USCIS mailroom.



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  • willwin
    06-05 12:59 PM
    I understand that is not a reliable source of tracking approval pattern, however, this is the only tracker we have available and this gives us fairly good idea about USCIS processing.

    Based on , there are about 1200 Approvals for EB-2 (Including ROW, India and China) since Oct01 2007.

    However, there are only 450 approvals for EB-3 (Including ROW, India and China) sine Oct01'2007.

    So howcome they ran out of EB3 numbers when there are very few approvals for this year. I was hoping they will run out of EB2 numbers instead.

    Any insight on this?

    Thanks.

    I guess that depends upon how many of the applicants have registered in .

    If it is 1%, then CIS would have used 130,000 by now, if it was 2%, 65,000 used by now...





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  • NKR
    02-12 09:54 AM
    It's UNJUST(ified) business



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  • ca_immigrant
    11-27 01:12 AM
    This definately looks good...

    Good in the sense....some weeks back there was another analysis here that said I will get GC in 2016, now it is saying 2010 -;)


    I do not necessarily understand all the details here.....but just hope this will turn out to be true from cut off date perspective....

    Thanks IV !





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  • abd
    04-04 02:24 PM
    Sent both the faxes.
    :)





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  • tonyHK12
    11-03 09:23 AM
    Piece meal is our best/only option for the next 2 years. We have to keep track of the legal bills being introduced and campaign for them. I don't think CIR will make it in lameduck too. Republicans would like to enforce border security and employer, internal monitoring, before any king of path to legal status for illegals.

    lets stop this rhetoric on repubs, what about bobby jindal, marco rubio & nick haley and plz don't give explanations to distort the reality, many in the republicans sincerely support legal immigration, tell me few good things dems did to legal immigrants, aint regan the one who gave amnesty to illegals in 80s, aint bush the one who tried more than once to pass CIR, who opposed h1b fee increase recently?

    Yes I agree, we should be neutral on party as an organization. Also the enhanced H1b, monitoring RFE, etc was introduced due to body shops misusing visas and not paying on bench. Think of it as an extended background check due to the misuse.
    I feel republicans would sincerely welcome qualified immigrants. Some of their views on protecting the border have been distorted out of propotion due to politics.
    What we need to do is enhance our reputation with both Republicans and Democrats and get them to help us.





    illusions
    04-03 10:18 AM
    Thanks for contacting IV with your SOS.
    An IV core member is going to be helping you to fix this with USCIS. Let us know if you need help. He already tried contacting you yesterday.

    As IV grows maybe this is a help IV can extend to all its donor members and help them if they get in such extreme distress situations. This is one of the ideas we are thinking for our members in the donor group.

    It's great to know that IV extends it's hand to help it's members when in need. More reason to contribute. I know i will again this month. Thanks IV Core.

    According to what radhay said it looks like your case can be overturned based on the mistake lying on the lawyers part.





    Dhundhun
    07-19 05:55 PM
    I think remove "cruel" word from title.



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