wahwah
06-05 04:07 PM
well this memo is taking it one step further than the last memo -
it is saying that the I-140 must be approved before determining portability. which means most likely if you file for portability and your 140 has not been approved then USCIS will be forced to look at your 140 petition and approve it.
I guess it is the same thing as earlier memo. They are saying that merely 180 days have passed since filing does not provide AC21 benefit. To determine AC21 benefit the petiton must be approved. So based on earlier memo, USCIS would see whther petiton can be approved. If yes then they will evaluate AC21. If not, then you got a problem.
it is saying that the I-140 must be approved before determining portability. which means most likely if you file for portability and your 140 has not been approved then USCIS will be forced to look at your 140 petition and approve it.
I guess it is the same thing as earlier memo. They are saying that merely 180 days have passed since filing does not provide AC21 benefit. To determine AC21 benefit the petiton must be approved. So based on earlier memo, USCIS would see whther petiton can be approved. If yes then they will evaluate AC21. If not, then you got a problem.
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pappu
08-09 12:52 PM
Hope this helps.
Pappu, there is nothing wrong in seeking exact clarification though from USCIS because things are not really clear on this regard and its better to get clear cut answer to the immigrant community..
Let's see examples of real cases. Not 'opinions'.
Pappu, there is nothing wrong in seeking exact clarification though from USCIS because things are not really clear on this regard and its better to get clear cut answer to the immigrant community..
Let's see examples of real cases. Not 'opinions'.
looneytunezez
03-03 03:50 PM
it looks like it was a "hoax" or mistake on their part.
my exp. has been that they are usually don't go for a "NO SHOW".
my exp. has been that they are usually don't go for a "NO SHOW".
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we_r_d_world
11-26 09:07 PM
EB3-I and C this should be another eye opener, get united or bust...
nothing for us all in here,.............
only hope is recapture.................
please, wakeup... we need to start working on this..like........yesterday!!!
We_r_D_world
nothing for us all in here,.............
only hope is recapture.................
please, wakeup... we need to start working on this..like........yesterday!!!
We_r_D_world
more...
jonty_11
10-02 04:16 PM
Mesquite means TEXAS SERVICE CENTER. Enter is exactly as I have here. If you look in the drop down list, there are multiple field offices for Texas but one TEXAS SERVICE CENTER
Thx so much I got it..
For the "Class of ADmission" - if I have entered US on AP, do I enter "Parolee"
Thx so much I got it..
For the "Class of ADmission" - if I have entered US on AP, do I enter "Parolee"
ujjwal_p
06-05 03:38 PM
I am not sure. Here is what my opinion is :
I think he posts spicy messages on his forum to market himself. He uses strong language against USCIS to gain support from his prospective clients.
Has he ever stood up for immigrants other than writing strong worded posts? Give me examples as I do not know any? I may be wrong in my assumption.
He's a lawyer, a businessman, not an applicant nor a politician. So expecting him to stand up for anything but his business is lunacy.
I can say one thing though, I haven't see any lawyer going about providing free advice like he does. I visit his site pretty much everyday and he is very active in responding to people's queries on the forums. I think that says a lot about him. I am not sure what your "spicy messages" reference is. If its about him making statements about USCIS inefficiency, thats an open secret and the fact that he makes statements like those goes back to counter your own point about him not standing up for immigrants, which as I said before none of us should expect him to anyway.
I think he posts spicy messages on his forum to market himself. He uses strong language against USCIS to gain support from his prospective clients.
Has he ever stood up for immigrants other than writing strong worded posts? Give me examples as I do not know any? I may be wrong in my assumption.
He's a lawyer, a businessman, not an applicant nor a politician. So expecting him to stand up for anything but his business is lunacy.
I can say one thing though, I haven't see any lawyer going about providing free advice like he does. I visit his site pretty much everyday and he is very active in responding to people's queries on the forums. I think that says a lot about him. I am not sure what your "spicy messages" reference is. If its about him making statements about USCIS inefficiency, thats an open secret and the fact that he makes statements like those goes back to counter your own point about him not standing up for immigrants, which as I said before none of us should expect him to anyway.
more...
sanbaj
07-31 11:01 AM
I called USCIS NSC yesterday and asked if my new approved I-140 was interfiled with my pending I-485. The IO asked me for my A# and then told me that she doesn't see the new I-140 starting with SRC on the system. She only sees the original I-140 with the LIN. It was very frustrating to hear this as I had called NSC a week before and the IO told me that the new I-140 is in the system and visa was available for me. However, I remembered that last week the IO did not ask me for my A#. She only asked for the receipt numbers of my pending I-485 and the new I-140.
Friends, what else can I do to make sure that my newly approved I-140 under EB2 is interfiled?
Speaking from my case, I called NSC for the same reason multiple times and every time the information I got (now looking back) was either useless or insignificant. Only one procedural info I got once was correct. They informed me that when you Interfile, your request goes into your file and no receipt or any other update is done to your case. When your 485 app RD becomes current and an IO picks up the case to work on it, should consider the Interfiling request. If your PD is then current due to the Interfiling request and every other detail on your 485 app is complete, your case is approved immediately. That is exactly what happened to my case. Calling them is less fruitful and more frustation. I only called them once a month after they changed their processing dates for the month just in the hope I may get lucky with an IIO who may give some info. Never did. I also took an Infopass, but that was fruitless too, as they also could not provide any information. Just asked me to wait until my RD becomes current.
Hope this gives you some perspective and lowers your anxiety.
Friends, what else can I do to make sure that my newly approved I-140 under EB2 is interfiled?
Speaking from my case, I called NSC for the same reason multiple times and every time the information I got (now looking back) was either useless or insignificant. Only one procedural info I got once was correct. They informed me that when you Interfile, your request goes into your file and no receipt or any other update is done to your case. When your 485 app RD becomes current and an IO picks up the case to work on it, should consider the Interfiling request. If your PD is then current due to the Interfiling request and every other detail on your 485 app is complete, your case is approved immediately. That is exactly what happened to my case. Calling them is less fruitful and more frustation. I only called them once a month after they changed their processing dates for the month just in the hope I may get lucky with an IIO who may give some info. Never did. I also took an Infopass, but that was fruitless too, as they also could not provide any information. Just asked me to wait until my RD becomes current.
Hope this gives you some perspective and lowers your anxiety.
2010 Disney Theme Parks|Orlando
satishku_2000
05-17 01:32 AM
Only one question: Ultimately for which companies the h1b consultants work for? It is not for Indian companies. It is always for projects in US companies. Mind it. Let US companies decide whom they want? I do not understand Why some people here are talking that Indian companies are using h1b etc etc.
Go and ask US Govt to provide free College education in computers to everyone in US. Then you will not have all these problems right. Instead of dealing the problem that way simply blaming trade laws?
Thats the point I was trying to make , no one is begging american corporate honchos to outsource to India or some other company in USA . These companies outsource because it furthers their bottom line and enables them to do what they are good at may be it is home loans , making cars or selling clothes. In the process of outsourcing they can hire best talent with in their means to complete the job in a limited amout of time.
Some people feel that consultants are cheap but they are much more expensive to corporations than their employees.
Go and ask US Govt to provide free College education in computers to everyone in US. Then you will not have all these problems right. Instead of dealing the problem that way simply blaming trade laws?
Thats the point I was trying to make , no one is begging american corporate honchos to outsource to India or some other company in USA . These companies outsource because it furthers their bottom line and enables them to do what they are good at may be it is home loans , making cars or selling clothes. In the process of outsourcing they can hire best talent with in their means to complete the job in a limited amout of time.
Some people feel that consultants are cheap but they are much more expensive to corporations than their employees.
more...
gsc999
10-12 11:08 AM
Hello GSC999 ( I forgot your real name :-) ) .
I prefectly agree with the fact that people are getting a bit overly impatient on the issues here , but I who has been patiently waiting and waiting and working with the state chapters just see a lull and silence on the immigration front ( Skilled and Unskilled ) . No one wants to talk about it or do anything about it on the Hill.Please prove me wrong here , I WANT TO BE WRONG !!!
DC Rally participant ( 2 + 1) Texas State Chapter member Regular $ Contributer
--
Arnab, I understand your point. I mean it. My old priority date was Sept. '02 and after being stuck in backlog for years, I finally decided to change my job, my new priority date is in 2006.
Now, IV doesn't have control over the schedule followed by the US congress. Having said that, let me assure you that there is positive movement. If you look at recent posts by other members, you will see that momentum. That is the result of your efforts with DC rally and your contribution.
This last quarter of 2007 is do or die for us. That is why we are asking members to join state chapters and preparing for our next big push. All this may not be what you would be hoping for but guess what, without your efforts we wouldn't have come so far. So have some more patience.
Cheers!
I prefectly agree with the fact that people are getting a bit overly impatient on the issues here , but I who has been patiently waiting and waiting and working with the state chapters just see a lull and silence on the immigration front ( Skilled and Unskilled ) . No one wants to talk about it or do anything about it on the Hill.Please prove me wrong here , I WANT TO BE WRONG !!!
DC Rally participant ( 2 + 1) Texas State Chapter member Regular $ Contributer
--
Arnab, I understand your point. I mean it. My old priority date was Sept. '02 and after being stuck in backlog for years, I finally decided to change my job, my new priority date is in 2006.
Now, IV doesn't have control over the schedule followed by the US congress. Having said that, let me assure you that there is positive movement. If you look at recent posts by other members, you will see that momentum. That is the result of your efforts with DC rally and your contribution.
This last quarter of 2007 is do or die for us. That is why we are asking members to join state chapters and preparing for our next big push. All this may not be what you would be hoping for but guess what, without your efforts we wouldn't have come so far. So have some more patience.
Cheers!
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himu73
10-01 08:51 PM
I read on USCIS website update on Sept 28 that CSc is assisting TSC to enter the applications. My transfer notice states that application is still under TSC/ But I am also not sure which center will finally process
ANYONE else in this queue.
ANYONE else in this queue.
more...
Sheila Danzig
08-18 03:50 PM
Two things
1. Responding to 8-month old post == free ad
2. Is your posting evaluation or legal advice?
Have a good day!
.
Sorry - for some reason the post showed up as new on my PC and I did not notice the date. This is evaluation advice and certainly not an ad. It is important that everyone understand what they need as many attorneys make mistakes. It was free advice. That is my only reason to be here. The vast majority of my business comes from attorneys and firms. If you can tell me how I can help and not have you think it is an ad each time, then I will do so. I see so many bad situations that could have been avoided if everyone were just a bit more informed. That is all I seek to do here.
1. Responding to 8-month old post == free ad
2. Is your posting evaluation or legal advice?
Have a good day!
.
Sorry - for some reason the post showed up as new on my PC and I did not notice the date. This is evaluation advice and certainly not an ad. It is important that everyone understand what they need as many attorneys make mistakes. It was free advice. That is my only reason to be here. The vast majority of my business comes from attorneys and firms. If you can tell me how I can help and not have you think it is an ad each time, then I will do so. I see so many bad situations that could have been avoided if everyone were just a bit more informed. That is all I seek to do here.
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gc2
01-04 03:03 PM
bring one wife here in US and the other can apply for immigration to canada.
more...
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Winner
07-21 08:18 AM
Oh my god.....Really? is the ice cold there?
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mantric
02-16 09:02 PM
this is a valid point.
but advantages of CP vs AOS are completely besides the point as that decision is based on individual circumstances.
If you/IV want to lobby, lobby for EAD/AP for the guys whose 140 was approved and staying in US legally on a non-immigrant visa. This may be possible thro, USCIS regulation w/o law change.
but advantages of CP vs AOS are completely besides the point as that decision is based on individual circumstances.
If you/IV want to lobby, lobby for EAD/AP for the guys whose 140 was approved and staying in US legally on a non-immigrant visa. This may be possible thro, USCIS regulation w/o law change.
more...
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plassey
08-23 11:14 AM
IV is not a help group. If some one want to join a help group then go join a "Depressed people Organization". This is a make happen group, where we all fight for what is right. But unfortunately, we are just as strong as number of people actively supporting.
He did everything right and followed the process but now for a VERY stupid reason, he has to wait for 6+ years now. So, the simple question I ask now is what justice it is by having such a complicated Green Card process full of so much uncertainity and unfairness.
Thus, this guy of course should do all what you stated but must do much more, which is stand up for himself.
How can you be so mean specially at a time when he is under tremendous pressure. IV should try to comfort him and suggest him some alternatives. Contact your attorney ASAP and ask him to try to have a good write up and send the application again, who knows USCIS might accept your application (worst case ur app will come back again), but make it fast dont delay anymore.
He did everything right and followed the process but now for a VERY stupid reason, he has to wait for 6+ years now. So, the simple question I ask now is what justice it is by having such a complicated Green Card process full of so much uncertainity and unfairness.
Thus, this guy of course should do all what you stated but must do much more, which is stand up for himself.
How can you be so mean specially at a time when he is under tremendous pressure. IV should try to comfort him and suggest him some alternatives. Contact your attorney ASAP and ask him to try to have a good write up and send the application again, who knows USCIS might accept your application (worst case ur app will come back again), but make it fast dont delay anymore.
dresses Florida, Orlando, Buena Vista,
Pagal
06-24 02:14 PM
Hello,
Great! I sent individual messages to all senators through their websites and was able to send a 'hand delivered' message to Jeff Sessions for $8.95 through following website (https://ssl.congress.org/congressorg/mailapp/).
For those interested, here is the link to the body of the message (http://immigrationvoice.org/forum/members-forum/24810-viral-video-clear-up-legal-immigration-issues.html#post383866).
I know that I'm focusing on a small part of what our community needs, but hope it's a small step to improve immigration for us and all future immigrants.
Great! I sent individual messages to all senators through their websites and was able to send a 'hand delivered' message to Jeff Sessions for $8.95 through following website (https://ssl.congress.org/congressorg/mailapp/).
For those interested, here is the link to the body of the message (http://immigrationvoice.org/forum/members-forum/24810-viral-video-clear-up-legal-immigration-issues.html#post383866).
I know that I'm focusing on a small part of what our community needs, but hope it's a small step to improve immigration for us and all future immigrants.
more...
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Libra
07-10 10:07 AM
You can sue this guy successfully there is no doubt, but you should have guts to do.
:mad:
i did watch the show, i feel my blood arousing to fight back. Well, we can try exposing his false faces to other TV show hosts like msnbc, foxnews etc.
Am sure there should be some law point to help us sue this guy.
:mad:
i did watch the show, i feel my blood arousing to fight back. Well, we can try exposing his false faces to other TV show hosts like msnbc, foxnews etc.
Am sure there should be some law point to help us sue this guy.
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Sakthisagar
10-28 12:22 PM
Really do you have proof of that? Or do you need someone else to decide what is right or wrong for you.
well you are in the wrong country my friend. Look around, unlike your misconceptions, most people here are not very religious.
You are one of the Proof. YOu need that... finally. See How you blabber for yourself.
well you are in the wrong country my friend. Look around, unlike your misconceptions, most people here are not very religious.
You are one of the Proof. YOu need that... finally. See How you blabber for yourself.
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msngroups
05-17 01:24 AM
Whoa, now be careful what you say there tiger. Outsourcing has nothing to do with the H-1B program, if everyone followed the law. Then people wouldn't be in America, underpaid or on the bench. American companies outsourcing to India etc. is happening. Everyoe is entitled to an opinion on whether that is right or not. But BREAKING THE LAW BY ENTERING THE COUNTRY ON AN H-1B ON FALSE PREMISES is simply illegal, and has nothing to do with the issue of outsourcing. Two different things.
I am not saying all American companies are saints. The ones breaking the law should be punished accordingly. But facts are that Indian companies are among the biggest abusers of H-1Bs. Nothing wrong with Indian companies in general. But the ones breaking the law should be brought to justice, it's as simple as that.
Only one question: Ultimately for which companies the h1b consultants work for? It is not for Indian companies. It is always for projects in US companies. Mind it. Let US companies decide whom they want? I do not understand Why some people here are talking that Indian companies are using h1b etc etc.
Go and ask US Govt to provide free College education in computers to everyone in US. Then you will not have all these problems right. Instead of dealing the problem that way simply blaming trade laws?
I am not saying all American companies are saints. The ones breaking the law should be punished accordingly. But facts are that Indian companies are among the biggest abusers of H-1Bs. Nothing wrong with Indian companies in general. But the ones breaking the law should be brought to justice, it's as simple as that.
Only one question: Ultimately for which companies the h1b consultants work for? It is not for Indian companies. It is always for projects in US companies. Mind it. Let US companies decide whom they want? I do not understand Why some people here are talking that Indian companies are using h1b etc etc.
Go and ask US Govt to provide free College education in computers to everyone in US. Then you will not have all these problems right. Instead of dealing the problem that way simply blaming trade laws?
senthil1
03-11 04:23 PM
I think they might have thought that Grassley is like our Indian MPs and why should reply to him. They should have answered responsibly and tried to do some good faith efforts. Now it is paying time for their arrogance. Still Indian companies and Bodyshoppers are having time to change themselves. We need to wait and see whether they will change and forced to change.
"non answer" meant they didn't answer his questions but rather gave some vague reply of how h-1 was good for usa.
If I was on the receivng end of that response; I would have thought that these guys are playing with me and by not answering the quesitons; then they are obviously trying to hide something. Therefore, I will attack them in another way to make them conform to the behaviour I want.
"non answer" meant they didn't answer his questions but rather gave some vague reply of how h-1 was good for usa.
If I was on the receivng end of that response; I would have thought that these guys are playing with me and by not answering the quesitons; then they are obviously trying to hide something. Therefore, I will attack them in another way to make them conform to the behaviour I want.
eb3retro
04-12 11:48 AM
Werc:
Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).
As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.
But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.
Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)
Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.
Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.
very nice analysis.
Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).
As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.
But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.
Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)
Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.
Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.
very nice analysis.
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