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ImmiLosers
11-23 09:40 AM
I guess Employer cannot revoke I-140 after 180 days - You may want to check with Immigration Specialist/lawyer
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kishcaro
07-13 01:21 PM
This is just a stunt. WHy did she wait allthese days to write this letter. Now when everything falls in place by others efforts, she wants people to think it is because her effort all these things are happening. I hate murthy or your murfhy.
First of all what is in place????
What do u know about murthy? She is a founder of a reputed immigration Law firm and she needs to do think before she speaks. Maybe she took all the time in doing the ground work which she had mentioned in her letter. Think in a positive way. Sending bunch of flowers and getting the media attention does not solve the problem. There should be some one who can speak directly to the concerned persons and that is what sheela murthy is doing. Let her make her efforts.
Sorry this is not to offend any one, just my view.
First of all what is in place????
What do u know about murthy? She is a founder of a reputed immigration Law firm and she needs to do think before she speaks. Maybe she took all the time in doing the ground work which she had mentioned in her letter. Think in a positive way. Sending bunch of flowers and getting the media attention does not solve the problem. There should be some one who can speak directly to the concerned persons and that is what sheela murthy is doing. Let her make her efforts.
Sorry this is not to offend any one, just my view.
Madhuri
11-22 07:39 PM
If you changed the project and the new project is giving better hourly rate then if you are working on percentage basis, your share will go up.
And in this case if you have a labor and I 140 approved, will there be any problem?
Please note the job title does not change in the above case.
It is my understanding that when applying for a GC, until you have your LC approved (and possibly I-140), you cannot change your title or salary, beyond what was submitted in the LC application. Technically, the DOL is verifying a 'job' (and the salary related to that job), so in theory, that can't change, not because the employer doesn't want to, but because the law doesn't allow it.
Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.
With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.
And in this case if you have a labor and I 140 approved, will there be any problem?
Please note the job title does not change in the above case.
It is my understanding that when applying for a GC, until you have your LC approved (and possibly I-140), you cannot change your title or salary, beyond what was submitted in the LC application. Technically, the DOL is verifying a 'job' (and the salary related to that job), so in theory, that can't change, not because the employer doesn't want to, but because the law doesn't allow it.
Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.
With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.
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rck4evr
09-10 02:25 PM
They just started talking about immigration. I can read the name clearly but I think its Zoe Lofgren. She is talking about a lady who was deported because of immigration issues.
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shreekhand
08-16 02:53 PM
There is no injustice in the VB...just a higher demand from EB3.
If there is any injustice then it is with the present per country limits without regard to the demand and skills that emanate from a country.
It Is Too Bad For Eb 3 , Why This Injustice With Eb 3 ?
If there is any injustice then it is with the present per country limits without regard to the demand and skills that emanate from a country.
It Is Too Bad For Eb 3 , Why This Injustice With Eb 3 ?
sugaur
08-22 09:50 AM
This person is a racist who thinks we are all "Middle Eastern" who want to blow things up here. She prefers we all go back "where we came from". Read her previous post. She feels she is "owed" a green card even though she broke all the rules. Why are you guys trying to help this person? Isnt it a crime to try and help a person evade immigration laws?
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rajuram
01-25 01:26 AM
For my part, I send an email everyday to the white house and the state dept. This is probably not enough.....but may be some day it will work.
BTW, my apologies if the members thought that this thread was accusatory. Still the question remains, what next?
Ok, I understand, no use bringing it up again, sorry, let me go back and read other interesting threads on "investments" and "buying houses"...
How about we start writing letters to the WhiteHouse/President on
(i) Eliminate per country quota limits
(ii) Recapture the lost visas
(iii) Porcessing dates cannot go back
for administrative fixes ?
BTW, my apologies if the members thought that this thread was accusatory. Still the question remains, what next?
Ok, I understand, no use bringing it up again, sorry, let me go back and read other interesting threads on "investments" and "buying houses"...
How about we start writing letters to the WhiteHouse/President on
(i) Eliminate per country quota limits
(ii) Recapture the lost visas
(iii) Porcessing dates cannot go back
for administrative fixes ?
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mayhemt
08-02 06:20 PM
Although they promise a lot of things on paper, we generally skip reading the fine print. Fine print generally would include this clause (language will be a bit different)...
"Although these are our policies, these might change at any time, with or without written notice".
End of story to all 'You promised me gold in your agreement' arguments.
Practically speaking, if you think from a company's perspective also, I don't blame them. Would you (Mr OP sir) be willing to invest in something that you are not sure that you will get profit from it? Like, you give me 100$, I may give it back+10%interest or may not give it back. If I want to give it back, I may give it back in 2yrs or even 30yrs, 100 yrs its upto me, depending on some citing of random comet I choose.
Same thing in company's point of view, if they invest in endless lawyer fees, filing fees, humongous paperwork and easily these days GC process take 5-35 years and during/after this time, What is the guarantee that you will still stick with the company - after all this investment of time & money? Companies need visible & predictable ROIs.
It is the age of cost cutting. If you don't like it, just quit it & start a company on your own and show them how to run it by sponsoring GCs left & right.
It is an unfortunate truth we all need to get accustomed to live with.
I guess it is in our Indian blood to expect freebies/extra perks from government, from employers (being socialist, a bit communist country and what not), and we forget it is the FREE MARKET that rules here. If your skills are in high demand, they will make you the king. If supply is high for your skills, they will go for someone cheaper..
"Although these are our policies, these might change at any time, with or without written notice".
End of story to all 'You promised me gold in your agreement' arguments.
Practically speaking, if you think from a company's perspective also, I don't blame them. Would you (Mr OP sir) be willing to invest in something that you are not sure that you will get profit from it? Like, you give me 100$, I may give it back+10%interest or may not give it back. If I want to give it back, I may give it back in 2yrs or even 30yrs, 100 yrs its upto me, depending on some citing of random comet I choose.
Same thing in company's point of view, if they invest in endless lawyer fees, filing fees, humongous paperwork and easily these days GC process take 5-35 years and during/after this time, What is the guarantee that you will still stick with the company - after all this investment of time & money? Companies need visible & predictable ROIs.
It is the age of cost cutting. If you don't like it, just quit it & start a company on your own and show them how to run it by sponsoring GCs left & right.
It is an unfortunate truth we all need to get accustomed to live with.
I guess it is in our Indian blood to expect freebies/extra perks from government, from employers (being socialist, a bit communist country and what not), and we forget it is the FREE MARKET that rules here. If your skills are in high demand, they will make you the king. If supply is high for your skills, they will go for someone cheaper..
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desi3933
01-30 02:08 PM
What I am not understanding is - why are they even looking at my case now? There are 4 years of applicants ahead of me, why cant the USCIS process those applications first?
I have a sickening feeling that this is going to become more and more common in this economic situation. There must a push from above to reduce the backlogs and if they cannot approve the cases they are going to find a way to deny them on some pretext or other.
Crazyghoda -
The popular myth is that application is processed only when PD is current. However, it is just that - a myth. While I-485 application can be approved only when PD is current, but it can be processed, RFE can be issued, and law even allows I-485 application to be denied irrespective of PD.
RFE for employer history is very common for pending I-485 applications. USCIS may ask for employment history with dates and salary details. Since 245(k) allow status check since last lawful admission, only details that matters is, since last admission. Please note that entry into US on AP does NOT count as lawful admission. It has to be non-immigrant visa.
245(k) allows a waiver of 180 cumulative days for out-of-status since last lawful admssion (i.e. on H1/H4/L1/L2/F1 etc).
Please have all AC-21 related documents for latest job (or job offer).
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
I have a sickening feeling that this is going to become more and more common in this economic situation. There must a push from above to reduce the backlogs and if they cannot approve the cases they are going to find a way to deny them on some pretext or other.
Crazyghoda -
The popular myth is that application is processed only when PD is current. However, it is just that - a myth. While I-485 application can be approved only when PD is current, but it can be processed, RFE can be issued, and law even allows I-485 application to be denied irrespective of PD.
RFE for employer history is very common for pending I-485 applications. USCIS may ask for employment history with dates and salary details. Since 245(k) allow status check since last lawful admission, only details that matters is, since last admission. Please note that entry into US on AP does NOT count as lawful admission. It has to be non-immigrant visa.
245(k) allows a waiver of 180 cumulative days for out-of-status since last lawful admssion (i.e. on H1/H4/L1/L2/F1 etc).
Please have all AC-21 related documents for latest job (or job offer).
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
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satishku_2000
07-09 03:18 PM
Her PD is 2003 .. She has a reason to be pissed off ...
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02-11 08:57 AM
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reddymjm
09-10 06:12 AM
IF DOS does not make EB2 I C and EB3 ROW current before Jul 2011.
ROW world has a quota of 149,200 and pending applications of 100 + 44,800 = 44,900.
Lets say EB1, EB3 ROW uses 30K which I doubt will be far less than that, so there will be 70K visas just from ROW to spill to EB3 ROW. If DOS/USICS decides not to waste the Visas definetly EB3 Mexico and India should get a good share of that 70k. This 70k should even be more as there might be some unsed EB1.
THIS IS ALL VOID IF EB2 I C and EB3 ROW becoming Current before Jul 2011 and also if they start quarterly spill over.
Good luck guys.
ROW world has a quota of 149,200 and pending applications of 100 + 44,800 = 44,900.
Lets say EB1, EB3 ROW uses 30K which I doubt will be far less than that, so there will be 70K visas just from ROW to spill to EB3 ROW. If DOS/USICS decides not to waste the Visas definetly EB3 Mexico and India should get a good share of that 70k. This 70k should even be more as there might be some unsed EB1.
THIS IS ALL VOID IF EB2 I C and EB3 ROW becoming Current before Jul 2011 and also if they start quarterly spill over.
Good luck guys.
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desi3933
02-11 12:03 PM
The visa numbers reported as used for FY 2009 is 141,020 from http://www.travel.state.gov/pdf/FY09...ort_TableV.pdf
This was the response i got from Ron Gotcher.
"The employment based category is entitled to use the "unused" family based numbers from the previous year. Last year, the quota for EB was the base of 140,000, plus another 13,000 shifted over from FB. Unfortunately, the CIS failed once again to approve enough cases to use up the entire available quota."
If this is true, we have lost a lot of visas last year.
Now with aprox. 10,000 visas shifted from FB, we should hope they use about 150,000 (140,000 + 10,000) this year.
Is there a way to confirm this? We got to do something to resolve this problem
As per this link
http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf
Page 6, the total number of family based visas (that are subject to numerical limitations) is 226,105. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. So, family based visa numbers were fully used.
So where is 13,000 unused family numbers for FY2008 that should have been available for employment based visa numbers for FY2009?
__________________
Not a legal advice.
This was the response i got from Ron Gotcher.
"The employment based category is entitled to use the "unused" family based numbers from the previous year. Last year, the quota for EB was the base of 140,000, plus another 13,000 shifted over from FB. Unfortunately, the CIS failed once again to approve enough cases to use up the entire available quota."
If this is true, we have lost a lot of visas last year.
Now with aprox. 10,000 visas shifted from FB, we should hope they use about 150,000 (140,000 + 10,000) this year.
Is there a way to confirm this? We got to do something to resolve this problem
As per this link
http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf
Page 6, the total number of family based visas (that are subject to numerical limitations) is 226,105. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. So, family based visa numbers were fully used.
So where is 13,000 unused family numbers for FY2008 that should have been available for employment based visa numbers for FY2009?
__________________
Not a legal advice.
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retrohatao
02-13 12:25 PM
I think I am bit surprised to see not even a single posting as a reply. Believe it or not its huge problem than you can even imagine.
:rolleyes:
:rolleyes:
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GCOP
07-11 01:07 PM
Thanks for your post. Is there any chance for any or Significant movement like this in EB-3. Now it's about time for EB-3 to move ahead. We have been trying for Bills every year, without any luck. Why is it so difficult for any movement in EB-3, which is stuck in 2001 and not moving ahead. It is really frustrating. EB-3 I is really suffering the most. Is there any solution for that ?
____________________
Phone calls to CHC Members
Written Letters to President & IV
Attended DC Rally
Contributed to IV
PD: October 2003, EB-3
source: www.immigration-law.com
07/11/2008: Indian EB-2 Visa Number in Visa Bulletin August 2008 and Anticipated Expedited Adjudication of Their I-485 Applications to Prevent EB 2008 Visa Number Waste
The movement of the EB-2 visa numbers for Indians is indeed a very good news in that it sounds that the USCIS intends to take out the visa numbers for them before the end of September 2008 as best as they can and attempt to adjudicate the applications before the new fiscal year starts on October 1, 2008. Obviously, there must be a large number of EB-2 cases which were filed during the July 2007 Visa Bulletin fiasco whose priority date is June 1, 2006 or earlier date. It appears that the USCIS has been working hard to get these cases ready for adjudication while their visa numbers are availalbe so that the agency prevents the visa number for FY 2008 from being wasted. Please stay tuned to this web site for this remarkable turn of the events.
____________________
Phone calls to CHC Members
Written Letters to President & IV
Attended DC Rally
Contributed to IV
PD: October 2003, EB-3
source: www.immigration-law.com
07/11/2008: Indian EB-2 Visa Number in Visa Bulletin August 2008 and Anticipated Expedited Adjudication of Their I-485 Applications to Prevent EB 2008 Visa Number Waste
The movement of the EB-2 visa numbers for Indians is indeed a very good news in that it sounds that the USCIS intends to take out the visa numbers for them before the end of September 2008 as best as they can and attempt to adjudicate the applications before the new fiscal year starts on October 1, 2008. Obviously, there must be a large number of EB-2 cases which were filed during the July 2007 Visa Bulletin fiasco whose priority date is June 1, 2006 or earlier date. It appears that the USCIS has been working hard to get these cases ready for adjudication while their visa numbers are availalbe so that the agency prevents the visa number for FY 2008 from being wasted. Please stay tuned to this web site for this remarkable turn of the events.
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kutra
03-05 06:26 PM
I think that everybody has the right to express their opinion.
Anything else is sensorship
good luck to all
That is true. But I would rather bicker/argue among ourselves in our closed community and not in front of the public. I withdrew my post because singhsa3 is inviting media and other outlets to view this poll. I see no good coming out of washing our dirty linen in public.
I am neither convinced by singhsa3's arguments and nor do I buy into the whole "potential-to-buy-houses" angle (and I got red-dotted for all my previous posts, but I don't care), but if he's willing to take the efforts because he believes in what he's doing, then I don't have to be the all-freedom-of-speech guy.
So long as singhsa3's not pledging that I and my wife will buy our house #2 and house #3 only because USCIS gives us green cards, I am fine with continuing with my life and work. :)
Anything else is sensorship
good luck to all
That is true. But I would rather bicker/argue among ourselves in our closed community and not in front of the public. I withdrew my post because singhsa3 is inviting media and other outlets to view this poll. I see no good coming out of washing our dirty linen in public.
I am neither convinced by singhsa3's arguments and nor do I buy into the whole "potential-to-buy-houses" angle (and I got red-dotted for all my previous posts, but I don't care), but if he's willing to take the efforts because he believes in what he's doing, then I don't have to be the all-freedom-of-speech guy.
So long as singhsa3's not pledging that I and my wife will buy our house #2 and house #3 only because USCIS gives us green cards, I am fine with continuing with my life and work. :)
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jasmin45
07-16 05:45 PM
Its interesting to see how organized they are and how arrogant their wordings are .. Looks like they have quiet a bit of influence in political spectrum.
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logiclife
01-18 01:12 PM
This thread has be closed but the discussion is continued on the newer thread.
http://immigrationvoice.org/forum/showthread.php?t=2939
Thanks.
http://immigrationvoice.org/forum/showthread.php?t=2939
Thanks.
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sathyaraj
03-06 10:54 PM
Hi All:
I have filed my AOS during last july 2007 and got EAD/AP etc. It has been more than 180 days and have decided to move to new company using AC21.
There have been many threads with information on whether to contact USCIS or not. I have decided to contact USCIS and inform them about Ac21. I hired a lawyer. He seems to be very knowledgeable. As per him, it is not enough just to have an offer letter with salary and job details. He prepared a letter such that the new company also supports my green card process. I am not sure whether my new company will provide this information. As per the information, I have seen in murthy and Rajiv Khanna there is no need to have any support from the new company. Only fulltime job with salary and job duties is enough. He also scared me saying that if the new company does not support my GC, I have to start all over again.
Please provide me with your experience and the inputs from your attorney.
I apologize if this matter is already discussed. Please point me the thread so that I can look up and see.
Regards
SathyaRaj
I have filed my AOS during last july 2007 and got EAD/AP etc. It has been more than 180 days and have decided to move to new company using AC21.
There have been many threads with information on whether to contact USCIS or not. I have decided to contact USCIS and inform them about Ac21. I hired a lawyer. He seems to be very knowledgeable. As per him, it is not enough just to have an offer letter with salary and job details. He prepared a letter such that the new company also supports my green card process. I am not sure whether my new company will provide this information. As per the information, I have seen in murthy and Rajiv Khanna there is no need to have any support from the new company. Only fulltime job with salary and job duties is enough. He also scared me saying that if the new company does not support my GC, I have to start all over again.
Please provide me with your experience and the inputs from your attorney.
I apologize if this matter is already discussed. Please point me the thread so that I can look up and see.
Regards
SathyaRaj
optimystic
03-18 03:43 PM
Unfortunately, this doesn't seem to be quite true as it contradicts the April bulletin. The bulletin says there are unused visas in the second category going to EB-2 India, and doesn't mention EB-1 at all.
There also seem to be people who are going to sue because they believe DOS ignoring per-country quotas is hurting their chances at EB-3 visas (i.e. they claim that if EB-2 India should get any extra visas then all of EB-3 ROW applications should be approved first). This situation is turning out to be quite interesting. I wonder if we're going to have another fiasco like the July 2007 one.
Just a question out of curiosity....why would someone choose 'taliban' as a login handle, knowing fully well the kind of unneccessary negative attention one can get. I do fully respect the individual's choice to choose her/her own id but just curious...And to jog the curiosity even more , this member seems to be tagged as 'banned' now.. :D...did the admins not like the chosen handle as well !!
There also seem to be people who are going to sue because they believe DOS ignoring per-country quotas is hurting their chances at EB-3 visas (i.e. they claim that if EB-2 India should get any extra visas then all of EB-3 ROW applications should be approved first). This situation is turning out to be quite interesting. I wonder if we're going to have another fiasco like the July 2007 one.
Just a question out of curiosity....why would someone choose 'taliban' as a login handle, knowing fully well the kind of unneccessary negative attention one can get. I do fully respect the individual's choice to choose her/her own id but just curious...And to jog the curiosity even more , this member seems to be tagged as 'banned' now.. :D...did the admins not like the chosen handle as well !!
mirage
02-07 06:17 PM
If you remove country quota, the system should work in FIFO order, First in First out, it will not differentiate if you are from India, China or Nepal.
I support country quota otherwise all the greencards will be taken by Indians and Chinese and the people from small countries will not even get a chance. I am sorry but of you are born on one of these countries then you have to wait before everyone who filed earlier.
I support country quota otherwise all the greencards will be taken by Indians and Chinese and the people from small countries will not even get a chance. I am sorry but of you are born on one of these countries then you have to wait before everyone who filed earlier.
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