krupa
07-05 12:02 PM
This site is belong to Non profit organization. I believe the main aim is to help members and share knowledge among each other. There are other ways to get funds to maintain the site. As one said that Yahoo, google , Sulecha etc providing free email service, driving direction etc.
If you make it paid , this will not papoulous and many may share the thier knowledge and experience.
It may be suggested to get adds in the site.
Thanks
If you make it paid , this will not papoulous and many may share the thier knowledge and experience.
It may be suggested to get adds in the site.
Thanks
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gc28262
08-12 04:19 PM
Such is our seriousness, the thread barely started it was at the bottom of the list just awaiting its natural death. Whereas the most meningless threads are at the top of the list. If people can not EB3 backlog seriously then i am sure they don't deserve any GCs.
Don't be disappointed.
We are focusing on another thread right now.
http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1599562-team-visa-allocation-by-dos.html
Please post your ideas on this thread.
Don't be disappointed.
We are focusing on another thread right now.
http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1599562-team-visa-allocation-by-dos.html
Please post your ideas on this thread.
mugwump
01-18 12:29 PM
2 years ago, I had to go to EWR (newark airport) to give my room mate his passport, he was stopped. eversince then, i always carry my passport even for domestic travel
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sukhwinderd
02-17 09:49 PM
here is a report which says there are more than 300,000 GC visa numbers were unused.
go to page 35 or search pdf for recapture to see chart.
from the report
This dialogue is critical considering that when USCIS
and DOS fail to accurately estimate cut-off dates, visas go
unused or are shifted to other family or employment-based
categories. Congress passed legislation permitting the
recapture of some unused visa numbers from previous
years.119 Figure 19 presents data on visa numbers �lost�
between 1992 and 2009 for both employment and family
preference categories.
http://www.dhs.gov/xlibrary/assets/cisomb_2010_annual_report_to_congress.pdf
recapturing visas is the easiest way to clear backlog. it has happened before and can happen again, if all of us try.
go to page 35 or search pdf for recapture to see chart.
from the report
This dialogue is critical considering that when USCIS
and DOS fail to accurately estimate cut-off dates, visas go
unused or are shifted to other family or employment-based
categories. Congress passed legislation permitting the
recapture of some unused visa numbers from previous
years.119 Figure 19 presents data on visa numbers �lost�
between 1992 and 2009 for both employment and family
preference categories.
http://www.dhs.gov/xlibrary/assets/cisomb_2010_annual_report_to_congress.pdf
recapturing visas is the easiest way to clear backlog. it has happened before and can happen again, if all of us try.
more...
alterego
07-15 10:30 AM
Ramba,
"and the alien must have intended to undertake the employment, upon adjustment"
That is the line that is the big caveat in this question. You must demonstrate to the adjudicating officer(to his/her satisfaction) that you plan to go back to your petitioning employer once your green card is approved. Either that or you invoke the AC21 statute by fulfilling those requirements.
This answer was speaking to that point.
A withdrawn 140 is a bad news on either front. Especially when it happens with the future intent clause, then how can you say you and the employer still have intent. It won't fly with the adjudicator.
With the AC21, if the 180 days has passed then 140 withdrawal often still does lead to RFE and sometimes outright denial but the MTR and appeal process can be successful on the grounds of AC21 portability rules. There are people on this forum with such experiences. Try searching for it.
Once again, this is a delicate situation and the poster is best served with good legal counsel. We are all of course giving our best layman interpretations here.
"and the alien must have intended to undertake the employment, upon adjustment"
That is the line that is the big caveat in this question. You must demonstrate to the adjudicating officer(to his/her satisfaction) that you plan to go back to your petitioning employer once your green card is approved. Either that or you invoke the AC21 statute by fulfilling those requirements.
This answer was speaking to that point.
A withdrawn 140 is a bad news on either front. Especially when it happens with the future intent clause, then how can you say you and the employer still have intent. It won't fly with the adjudicator.
With the AC21, if the 180 days has passed then 140 withdrawal often still does lead to RFE and sometimes outright denial but the MTR and appeal process can be successful on the grounds of AC21 portability rules. There are people on this forum with such experiences. Try searching for it.
Once again, this is a delicate situation and the poster is best served with good legal counsel. We are all of course giving our best layman interpretations here.
cdeneo
03-07 02:28 PM
Can someone please shed light on this - I was looking for the same information.
What if my employer is definitely going to revoke my approved I-140 upon my resignation (past 180 days)? Do I need to file "Notice of I-140 Portability"?
Also, in the above posts when people are saying that almost no support is needed from the new employer to keep 485 process going smoothly, is it safe to assume they are changing jobs using EAD and not doing H1B transfer?
One more question, my employer will revoke my I-140 and my H1B. How long can I be without a job after they do that? Are the above actions of my employer very likely to result in a RFE from USCIS? If so, what will USCIS ask for in RFE?
Thank for all the advise.
---------------------------------
Contributed $100.
What if my employer is definitely going to revoke my approved I-140 upon my resignation (past 180 days)? Do I need to file "Notice of I-140 Portability"?
Also, in the above posts when people are saying that almost no support is needed from the new employer to keep 485 process going smoothly, is it safe to assume they are changing jobs using EAD and not doing H1B transfer?
One more question, my employer will revoke my I-140 and my H1B. How long can I be without a job after they do that? Are the above actions of my employer very likely to result in a RFE from USCIS? If so, what will USCIS ask for in RFE?
Thank for all the advise.
---------------------------------
Contributed $100.
more...
sweet_jungle
02-15 03:14 AM
I have heard that there are desi consultants who sponsor H-1 for people graduating with Masters in US, irrespective of which field they are in. Is this true? Sounds a bit fishy to me.
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virald
07-18 12:34 AM
^^^^^^^^^^^^
more...
texanmom
09-26 11:46 AM
I just got a call from Eilene Zimmerman regarding the article and she promised me that she is working on fixing the error soon
If we make a big enough noise, perhaps we can get CNN to write an article focusing on our issues. Please continue to press for changes.
If we make a big enough noise, perhaps we can get CNN to write an article focusing on our issues. Please continue to press for changes.
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sayantan76
08-23 11:10 AM
Hi, I hope somebody helps in my dilemma.
I am currently on an L1A visa. I heard that my main office (where I am now working) is closing the foreign office where I come from. Based on L1 requirements and facts, it states that once the subsidiary closes, my L1 becomes invalid. Given this, the company is willing to sponsor my green card as soon as possible. It will probably still take a year before the subsidiary officially closes. What are my options? If they have to close the company while my green card is being process, would it be cancelled ?
Thanks.
i am not a lawyer -so get expert opinion.....
but the logic of L1A becoming instantly invalid for someone already in US office if the foreign office closes does not sound logical, even by USCIS standards. I would suggest taking a good 2nd opinion.
Also - if you are in L1A - you should technically qualify for EB-1 which is current for all countries and if that category applies to your situation - you would not need to go through Labor Cert - a couple of friends of mine got their GC in less than 90 days using the EB1 route.
All the best!
I am currently on an L1A visa. I heard that my main office (where I am now working) is closing the foreign office where I come from. Based on L1 requirements and facts, it states that once the subsidiary closes, my L1 becomes invalid. Given this, the company is willing to sponsor my green card as soon as possible. It will probably still take a year before the subsidiary officially closes. What are my options? If they have to close the company while my green card is being process, would it be cancelled ?
Thanks.
i am not a lawyer -so get expert opinion.....
but the logic of L1A becoming instantly invalid for someone already in US office if the foreign office closes does not sound logical, even by USCIS standards. I would suggest taking a good 2nd opinion.
Also - if you are in L1A - you should technically qualify for EB-1 which is current for all countries and if that category applies to your situation - you would not need to go through Labor Cert - a couple of friends of mine got their GC in less than 90 days using the EB1 route.
All the best!
more...
manderson
04-04 09:23 AM
this is old news and has been posted about before!
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vamsi_poondla
09-26 02:40 PM
Check it out
Dear Reader,
Thank you for your interest in FSB. We admit that there was a
mischaracterization of the Capitol Hill rally in the story and it was
corrected as soon we realized the error.
We have changed the story to correctly identify the mission as a protest of
the long delays in securing green cards for highly-skilled workers already
in the U.S.
We will work to avoid errors like this in the future.
Best regards,
FSB
Dear Reader,
Thank you for your interest in FSB. We admit that there was a
mischaracterization of the Capitol Hill rally in the story and it was
corrected as soon we realized the error.
We have changed the story to correctly identify the mission as a protest of
the long delays in securing green cards for highly-skilled workers already
in the U.S.
We will work to avoid errors like this in the future.
Best regards,
FSB
more...
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PD_Dec2002
07-05 12:22 PM
Just my $0.02:
I understand the frustration for IV to gather funds when it has so many members. But it's possible that IV has that many members because it is a free site.
If this becomes a paid site, you might see the number of members dwindle, and that's not a good idea because even if members don't financially contribute to IV, they do offer their perspectives/opinions/feedback/critique and help others. Those who want to financially contribute to IV will do so whether IV is a free or a paid site.
IMHO, it would be a mistake to make IV a paid site thinking that this will force members to financially contribute. Sure IV forums helped a lot with finding information about I-485 applications, but people have been filing I-485s on their own even before IV was in existence. Which is not to say, IV has no value, but I hope you see where I am going with this....if members don't want to contribute, then they won't. They will go to other forums like they used to before IV was in existence...which will be a step down, but at least they are holding on to their $20 or howmuchever.
Before replying to this, please read my disclaimer below. I have to add it given the fact how hot-headed/short-tempered members have been in the last few days where they will flame someone just because their opinions differ.
Thanks,
Jayant
Disclaimer: These are my opinions. You don't have to agree with them. If you disagree, just ignore them. I am not interested in justifying myself about anything that you might have to say. I would, however, welcome a civil and a healthy discussion.
I understand the frustration for IV to gather funds when it has so many members. But it's possible that IV has that many members because it is a free site.
If this becomes a paid site, you might see the number of members dwindle, and that's not a good idea because even if members don't financially contribute to IV, they do offer their perspectives/opinions/feedback/critique and help others. Those who want to financially contribute to IV will do so whether IV is a free or a paid site.
IMHO, it would be a mistake to make IV a paid site thinking that this will force members to financially contribute. Sure IV forums helped a lot with finding information about I-485 applications, but people have been filing I-485s on their own even before IV was in existence. Which is not to say, IV has no value, but I hope you see where I am going with this....if members don't want to contribute, then they won't. They will go to other forums like they used to before IV was in existence...which will be a step down, but at least they are holding on to their $20 or howmuchever.
Before replying to this, please read my disclaimer below. I have to add it given the fact how hot-headed/short-tempered members have been in the last few days where they will flame someone just because their opinions differ.
Thanks,
Jayant
Disclaimer: These are my opinions. You don't have to agree with them. If you disagree, just ignore them. I am not interested in justifying myself about anything that you might have to say. I would, however, welcome a civil and a healthy discussion.
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prioritydate
12-20 07:03 PM
Please lookup 245(k).
http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
So basically if you are applying for employment based immigration adjustment of status(meaning I-485) under EB1 EB2 or EB3, (that's what they mean by paragraph (1), (2), or (3) of section 1153 (b) in the above text), and if you have not voilated status for over 180 days after your last legal entry into USA, and if you were in legal status at the time of applying for 485, then you may adjust status.
Now, a really good idea would be that you disclose this whole thing at the time of filing 485 and also claim the benefit under section 245(k). Since its apparent that you have not done it, I would advise to leave it alone and dont dig up old graves.
Consult an attorney for further advise, but dont go overboard in being Raja Harishchandra (the chronic truth teller) because frankly USCIS may not care about this and you can always claim the benefit under section 245(k).
However, if USCIS finds out about this (which is very very unlikely) and if the officer is a very strict person, then they may create a case of wilful misrepresentation. That's because on form I-485, it says that "have you ever been out of status or illegal and if so, provide details". In that question, if you didnt disclose your past history of being out of status ( I am assuming you were out of status and not illegal) then basically, in theory, they can say that you wilfully misrepresented (basically lied to them) by hiding this.
One option is to file an amendment to your I-485 and disclose this fact. That way, atleast they cannot make a case of wilfull misrepresentation. Nonetheless, remember, for them to find this out (about you not working and sitting at home) is difficult. Unless they somehow ask for your W-2 and paystubs for past 6-7 years and in that case it will be very easy for them to see that you were not working for 1 year.
Consult an attorney and tell the attorney all the details. I am not a lawyer and you should always ask a lawyer for legal advise.
Thanks for the clarification, Logiclife. I enter U.S in the first week of Feb, 2001. The economy was bad and I didn't manage to get a job. In fact, I didn't managed to get a job for a year. My then employer didn't revoked my H1B and the I-94 was valid until Oct, 2002. I didn't know that I was out of status till now. I don't remember seeing any section in I-485 form, asking for information about out of status. I did attach my previous H1-B approval notice(2000 -2002) while filing I-485. One thing I want to know is, did anyone got a query(RFE), asking to provide all W2 forms since their entry into this country? I am interested to know that.
http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
So basically if you are applying for employment based immigration adjustment of status(meaning I-485) under EB1 EB2 or EB3, (that's what they mean by paragraph (1), (2), or (3) of section 1153 (b) in the above text), and if you have not voilated status for over 180 days after your last legal entry into USA, and if you were in legal status at the time of applying for 485, then you may adjust status.
Now, a really good idea would be that you disclose this whole thing at the time of filing 485 and also claim the benefit under section 245(k). Since its apparent that you have not done it, I would advise to leave it alone and dont dig up old graves.
Consult an attorney for further advise, but dont go overboard in being Raja Harishchandra (the chronic truth teller) because frankly USCIS may not care about this and you can always claim the benefit under section 245(k).
However, if USCIS finds out about this (which is very very unlikely) and if the officer is a very strict person, then they may create a case of wilful misrepresentation. That's because on form I-485, it says that "have you ever been out of status or illegal and if so, provide details". In that question, if you didnt disclose your past history of being out of status ( I am assuming you were out of status and not illegal) then basically, in theory, they can say that you wilfully misrepresented (basically lied to them) by hiding this.
One option is to file an amendment to your I-485 and disclose this fact. That way, atleast they cannot make a case of wilfull misrepresentation. Nonetheless, remember, for them to find this out (about you not working and sitting at home) is difficult. Unless they somehow ask for your W-2 and paystubs for past 6-7 years and in that case it will be very easy for them to see that you were not working for 1 year.
Consult an attorney and tell the attorney all the details. I am not a lawyer and you should always ask a lawyer for legal advise.
Thanks for the clarification, Logiclife. I enter U.S in the first week of Feb, 2001. The economy was bad and I didn't manage to get a job. In fact, I didn't managed to get a job for a year. My then employer didn't revoked my H1B and the I-94 was valid until Oct, 2002. I didn't know that I was out of status till now. I don't remember seeing any section in I-485 form, asking for information about out of status. I did attach my previous H1-B approval notice(2000 -2002) while filing I-485. One thing I want to know is, did anyone got a query(RFE), asking to provide all W2 forms since their entry into this country? I am interested to know that.
more...
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nandakumar
07-12 06:14 PM
Like wise :rolleyes:
All right I am current again..exactly after 2 years
So I am having the butterflies in my tummy with nostalgia of my nail biting thriller during 2008 July-Sep bulletin, where I got royally screwed.
mwuahhhaaaa...c'mon..come to papa now :D:D
tick..tock..tick..tock :rolleyes:
All right I am current again..exactly after 2 years
So I am having the butterflies in my tummy with nostalgia of my nail biting thriller during 2008 July-Sep bulletin, where I got royally screwed.
mwuahhhaaaa...c'mon..come to papa now :D:D
tick..tock..tick..tock :rolleyes:
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hsm2007
09-23 10:03 AM
Hi All,
Employer A - original sponsoring employer. Got laidoff and joined B (large corporate). Before dates got current got offer from C and C applied for H1 transfer. Now received RFE on I-485 to provide EVL from current employer along with paystubs and W2.
My problem here is that I consulted Murthy and they are saying that I need to make a choice between my current employer B and my potential new employer C whom I have not started working yet but they have filed for H-1 transfer. If I respond to the RFE using my current employer information then it is more straightforward but then I will need to stay with them if I get my GC right away after responding to the RFE. But if I use my new employer's letter then I don't have paystubs to show until I join them which won't be until the H-1 transfer goes through and I go through one payroll cycle. But that will be too late to respond to the RFE.
If I don't join C then I need to pay for the H1 transfer that they filed and attorneys fees. At the same time I am also not happy with my current employers HR and attorney.
Employer A - original sponsoring employer. Got laidoff and joined B (large corporate). Before dates got current got offer from C and C applied for H1 transfer. Now received RFE on I-485 to provide EVL from current employer along with paystubs and W2.
My problem here is that I consulted Murthy and they are saying that I need to make a choice between my current employer B and my potential new employer C whom I have not started working yet but they have filed for H-1 transfer. If I respond to the RFE using my current employer information then it is more straightforward but then I will need to stay with them if I get my GC right away after responding to the RFE. But if I use my new employer's letter then I don't have paystubs to show until I join them which won't be until the H-1 transfer goes through and I go through one payroll cycle. But that will be too late to respond to the RFE.
If I don't join C then I need to pay for the H1 transfer that they filed and attorneys fees. At the same time I am also not happy with my current employers HR and attorney.
more...
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PresidentO
02-03 05:07 PM
So naive of you to think that Senator-elect (Is she sworn in yet?) Gillibrand would be the person to do this. She is already labeled a flip flopper for courting hispanic groups.
AFAIK, The 8 year wait time she was referring to was not EB wait times. That was posted here on IV, discussed and proved that she was talking in general. Actions speak louder than talk. Talk is free, action is risk for politicians.
Good luck!
AFAIK, The 8 year wait time she was referring to was not EB wait times. That was posted here on IV, discussed and proved that she was talking in general. Actions speak louder than talk. Talk is free, action is risk for politicians.
Good luck!
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map_boiler
07-05 05:30 PM
Guys, please contribute to IV. I just did today, and believe me, you will feel better for doing so...
This is not just for you and me, but also for those who will come after us. Also, this is not a battle just to sue USCIS/DOS, but a war we need to fight on multiple fronts:
1) First and foremost, we the immigrant community need to join hands and fight as one cohesive group.
2) Sue the government agencies for damages/violation of law/precedents due to the revised visa bulletin
3) Get this matter the attention it deserves in the media
4) Try and get congress to intervene in this matter, and also introduce and pass legislation that will fix the broken employment based immigration system
5) Request corporate sponsorship. Since employers spent money on this fiasco as well, they will have a vested interest in pursuing this as well.
The main thing, however, is funds. IV needs funds to fight for us. Each of us has already spent 100's (many even 1000's) of $ trying to get ready to file our I-485's. So even if 10,000 members contribute just $100 each, it will be $1 mil. I am sure each of us can at least spare that much. It is a small price to pay for liberation from this GC mess for all of us....
With ~15,000 members already, and hopefully some serious $$$$$$ raised, IV will be a force to be reckoned with. No one will be able to treat us with such utter disdain ever again...
This is not just for you and me, but also for those who will come after us. Also, this is not a battle just to sue USCIS/DOS, but a war we need to fight on multiple fronts:
1) First and foremost, we the immigrant community need to join hands and fight as one cohesive group.
2) Sue the government agencies for damages/violation of law/precedents due to the revised visa bulletin
3) Get this matter the attention it deserves in the media
4) Try and get congress to intervene in this matter, and also introduce and pass legislation that will fix the broken employment based immigration system
5) Request corporate sponsorship. Since employers spent money on this fiasco as well, they will have a vested interest in pursuing this as well.
The main thing, however, is funds. IV needs funds to fight for us. Each of us has already spent 100's (many even 1000's) of $ trying to get ready to file our I-485's. So even if 10,000 members contribute just $100 each, it will be $1 mil. I am sure each of us can at least spare that much. It is a small price to pay for liberation from this GC mess for all of us....
With ~15,000 members already, and hopefully some serious $$$$$$ raised, IV will be a force to be reckoned with. No one will be able to treat us with such utter disdain ever again...
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ebizash
09-10 08:31 PM
Greg's post is from today at 3:00 PM. We all know that our bill was not even mentioned by then so I think Greg's post may be incorrect. May be he just meant the the committee is considering the bills today.
My 2c
My 2c
vdlrao
07-19 12:11 AM
We need a realistic estimate of how many applications are pending with PD in 2004. Another thing to bear in mind is the conversion from EB3->EB2. That is also going to hinder the movement of EB2. There are a lot of people trying to use that route.
Yes there would be definetely jumpings from EB3 India to EB2 India. But having allotment of 10 times more of VISA numbers for EB2 India, I presume time is very near by for EB2 India to be current.
Yes there would be definetely jumpings from EB3 India to EB2 India. But having allotment of 10 times more of VISA numbers for EB2 India, I presume time is very near by for EB2 India to be current.
clif
03-07 09:23 AM
What if my employer is definitely going to revoke my approved I-140 upon my resignation (past 180 days)? Do I need to file "Notice of I-140 Portability"?
Also, in the above posts when people are saying that almost no support is needed from the new employer to keep 485 process going smoothly, is it safe to assume they are changing jobs using EAD and not doing H1B transfer?
One more question, my employer will revoke my I-140 and my H1B. How long can I be without a job after they do that? Are the above actions of my employer very likely to result in a RFE from USCIS? If so, what will USCIS ask for in RFE?
Thank for all the advise.
---------------------------------
Contributed $100.
Also, in the above posts when people are saying that almost no support is needed from the new employer to keep 485 process going smoothly, is it safe to assume they are changing jobs using EAD and not doing H1B transfer?
One more question, my employer will revoke my I-140 and my H1B. How long can I be without a job after they do that? Are the above actions of my employer very likely to result in a RFE from USCIS? If so, what will USCIS ask for in RFE?
Thank for all the advise.
---------------------------------
Contributed $100.
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