sathyaraj
11-09 04:07 PM
EAD & AP is luxury & aggressive. Keeping H1B active is being conservative and playing with probability and backup. It depends on your nature. Go for it!!
If you are planning on a big investment like buying a home or something like that. It is better to stay on H1B so you have a backup if something goes wrong with GC.
I have seen problems with cases using AC21 when they apply it asking for more details and also sometimes ur I-140 is revoked by your sponsoring employer and USCIS may trigger a NOID for you. Ofcoourse you can file MTR and prove that them that it is legitimate to change jobs using AC21, but if you have H1B also then you have a peace of mind.
Also for the first job change use AC21 and do H1B transfer also(just being cautious) and wait for 6 months so that USCIS is already aware that you ve changed company. You can address any RFE/NOID during this period. But later on you can be on ur own.
If you are planning on a big investment like buying a home or something like that. It is better to stay on H1B so you have a backup if something goes wrong with GC.
I have seen problems with cases using AC21 when they apply it asking for more details and also sometimes ur I-140 is revoked by your sponsoring employer and USCIS may trigger a NOID for you. Ofcoourse you can file MTR and prove that them that it is legitimate to change jobs using AC21, but if you have H1B also then you have a peace of mind.
Also for the first job change use AC21 and do H1B transfer also(just being cautious) and wait for 6 months so that USCIS is already aware that you ve changed company. You can address any RFE/NOID during this period. But later on you can be on ur own.
wallpaper nissanurvan.jpg NISSAN URVAN
mrajatish
10-03 10:15 AM
My post is going to make few MS/Phd people angry over here. Correct me if I am wrong, but when you came here to do MS/Phd, you came on a student visa...Right? Student visa comes under Non Permanent Non Resident alien category. All of you had a burden to prove to the US consulate that after you complete your degree, you would go back to your home country. All of you prepared for that and you knew the moment you said, I might not come back, F1 would be gone! You said this...every time you went back for F1 visa revalidation. Mind you..that H1/H4 never had that burden. They could have easily said that yes, if I like USA, I might not come back.
Now fast forward....MS/Phd is done. Suddenly...."I will go home after MS/Phd" statement is gone..and hunt for H1-B is on! Once they get H1-B, hunt for Green Card starts. Once this heavy head Phd guy, who spent last 5 years on 1500 bucks a month is in GC line....he also realizes that hey, H1-Bs should not be allowed to interfile. After all, they all work for desi consulting companies. Yeah..right! Look who is talking! All H1s should come in EB-3, after all they did not go through 1500 bucks a month for 5 years.
Here comes a Phd guy who always lied to the system saying "I love my home country, my research would do wonders to the society at home" is not leaving any stone unturned to get his GC (faster than anyone else).....tell me, who is inferior? A Phd student who lied to the system for 4/5 years and suddenly changed his intent or an H1-B candidate who never had the burden to prove that he would go back.
All of us are part of this very painful journey! I have spent 8 years on H1-B and I am still waiting for my GC. I work for a desi consulting company, my GC is in EB-3, I have a B.Tech. degree from IIT and I am sick and tired of this GC mess.
Second this post - point is, there is no easy solution to this mess until we work together to achieve the common goal of increasing # of visas available for Green card.
Now fast forward....MS/Phd is done. Suddenly...."I will go home after MS/Phd" statement is gone..and hunt for H1-B is on! Once they get H1-B, hunt for Green Card starts. Once this heavy head Phd guy, who spent last 5 years on 1500 bucks a month is in GC line....he also realizes that hey, H1-Bs should not be allowed to interfile. After all, they all work for desi consulting companies. Yeah..right! Look who is talking! All H1s should come in EB-3, after all they did not go through 1500 bucks a month for 5 years.
Here comes a Phd guy who always lied to the system saying "I love my home country, my research would do wonders to the society at home" is not leaving any stone unturned to get his GC (faster than anyone else).....tell me, who is inferior? A Phd student who lied to the system for 4/5 years and suddenly changed his intent or an H1-B candidate who never had the burden to prove that he would go back.
All of us are part of this very painful journey! I have spent 8 years on H1-B and I am still waiting for my GC. I work for a desi consulting company, my GC is in EB-3, I have a B.Tech. degree from IIT and I am sick and tired of this GC mess.
Second this post - point is, there is no easy solution to this mess until we work together to achieve the common goal of increasing # of visas available for Green card.
jayram123
07-18 11:23 AM
Let's pick up where we left off before this July 2 visa bulletin debacle (and the resulting struggle). Though the whole fiasco did get us our first taste of success, imho, and as such isn't insignificant by any measure.
Jazz
Let us do that. Please!! We can't stop now. We need to fight to fix the broken system. Let's get ideas on what all we would like and suggest to core. I am sure they know already but it helps to know what everyone else is thinking, right?
1) I would like to get opinion from CORE if we need to support the SKIL bill that is being re-introduced by Senator John Cornyn
2) Need to have a way to re-capture visa numbers
What are the other things that we would like
Jazz
Let us do that. Please!! We can't stop now. We need to fight to fix the broken system. Let's get ideas on what all we would like and suggest to core. I am sure they know already but it helps to know what everyone else is thinking, right?
1) I would like to get opinion from CORE if we need to support the SKIL bill that is being re-introduced by Senator John Cornyn
2) Need to have a way to re-capture visa numbers
What are the other things that we would like
2011 Pictures of 2003 Nissan Urvan
VMH_GC
07-19 10:19 AM
Message from Pappu:
Yes this is not a typo. This is true. Aman has made more financial sacrifices and time sacrifices than anyone else. Not a single penny has been reimbursed to him for his trips to DC, food and stay in DC or car rental in DC. He even risked his job and went to DC on unpaid leave at critical times because lobbying was important for getting our work done. We in the core team know this and when we see the kind of contributions we get from members, we feel disappointed that our efforts are not valued. When we started the $20 contributions people felt $20 was too high and wanted $10 per month or less. The kind of work and effort that is needed to push a single provision is phenomenal and needs lot of capital. The more the better. Sometimes reading posts that say IV core is selfish also disappoints us. People do not know the effort that goes in getting anything done. This website is simply a tool for us to communicate to everyone. The big effort is the lobbying work. We hope the Buisnessweek article helps people realize our hard work and people value it by contributing to it and helping us in all action items.
In my opinion, we should reimburse AMAN for all the cost he incurred during last few years.
Yes this is not a typo. This is true. Aman has made more financial sacrifices and time sacrifices than anyone else. Not a single penny has been reimbursed to him for his trips to DC, food and stay in DC or car rental in DC. He even risked his job and went to DC on unpaid leave at critical times because lobbying was important for getting our work done. We in the core team know this and when we see the kind of contributions we get from members, we feel disappointed that our efforts are not valued. When we started the $20 contributions people felt $20 was too high and wanted $10 per month or less. The kind of work and effort that is needed to push a single provision is phenomenal and needs lot of capital. The more the better. Sometimes reading posts that say IV core is selfish also disappoints us. People do not know the effort that goes in getting anything done. This website is simply a tool for us to communicate to everyone. The big effort is the lobbying work. We hope the Buisnessweek article helps people realize our hard work and people value it by contributing to it and helping us in all action items.
In my opinion, we should reimburse AMAN for all the cost he incurred during last few years.
more...
desi3933
08-19 02:05 PM
Congrats man! Happy for you and your biggest fulfillment.
By any chance, are you originally from INDIA? If so, we're pleased to strike off one more suckup from our list of billion people.
Goodluck!
May I ask, who are you to strike anyone off?
BTW, I am applying for OCI. :)
Good Luck to you.
By any chance, are you originally from INDIA? If so, we're pleased to strike off one more suckup from our list of billion people.
Goodluck!
May I ask, who are you to strike anyone off?
BTW, I am applying for OCI. :)
Good Luck to you.
ash0210
03-10 07:51 PM
Yes...The REAL POWER of this organization will lie in its state chapters..
I called local Senator & his office was sympathetic towords problems of "Legal" immigration & stagnation of GC process for India & China..
Look in diffrent angle, instead of calling Senators office, if bunch of 10 state chapter guys visit local senators office, it will carru lot of weight...
By the way, any local chapter for Ohio? Is it in - Cincinati, Cleveland or Columbus?
Please realize that
b) The REAL POWER of this organization will lie in its state chapters. Trust me. If you sit with ten people you know, and talk about these issues, and resolve to do something about the situation, and come up with an action plan and an operating mechanism, that will be where the strength of IV lies.
I called local Senator & his office was sympathetic towords problems of "Legal" immigration & stagnation of GC process for India & China..
Look in diffrent angle, instead of calling Senators office, if bunch of 10 state chapter guys visit local senators office, it will carru lot of weight...
By the way, any local chapter for Ohio? Is it in - Cincinati, Cleveland or Columbus?
Please realize that
b) The REAL POWER of this organization will lie in its state chapters. Trust me. If you sit with ten people you know, and talk about these issues, and resolve to do something about the situation, and come up with an action plan and an operating mechanism, that will be where the strength of IV lies.
more...
mhathi
11-02 01:34 PM
I have been looking at opportunities elsewhere. However, in my field (not IT related), US is still a very good destination and my skills are also in demand in US and elsewhere. My home country, however, still lacks the basic infrastructure needed for me consider that as an option.
Nonetheless, as I said, if things don't improve by 2009, 2010 then I will be forced to consider other options such as australia/europe/canada. But I dont think I agree to "Quit America" just to prove a point. I will do what I think is best for my career and future; as the congress must do what they think is best for America's future. If given the chance, I will contribute to the continued success of this nation... else will move where my skills are in demand.
Meanwhile, get invoved in state chapters to convince congressmen about our plight, and let them decide about the country's future.
Nonetheless, as I said, if things don't improve by 2009, 2010 then I will be forced to consider other options such as australia/europe/canada. But I dont think I agree to "Quit America" just to prove a point. I will do what I think is best for my career and future; as the congress must do what they think is best for America's future. If given the chance, I will contribute to the continued success of this nation... else will move where my skills are in demand.
Meanwhile, get invoved in state chapters to convince congressmen about our plight, and let them decide about the country's future.
2010 Nissan E25 Urvan VIP
pappu
04-18 03:41 PM
Dear Friends,
Got Green cards and Welcome notices for me and my wife .
Surprisingly no uscis e-mail and online status is still "initial review"
Our journey in short :
How long in US : 10+ years
First Labor in 2002 . Changed job in three years before approval of labor
Second Labor in 2004 . Approved in 2007
Filed I140 and 485 - in July 2007
Since then I was enjoying EAD / AP with no complain .
I donate to IV now and then , but for some reason only once (for few days) got access to IV-Donor Forum . But always had a faith that IV is doing good work .
From non-donor IV forums and other forums I noticed that USCIS are transferring leftover Visas to other EB categories . I waited to see some thing coming to EB3 but ......nothing came .
My Lawyer told me that I can port to EB2 and it is a normal a process.
1. New Perm
Filed in Feb and approved in 10 days ( Prep work takes 3 to 4 months before filing )
2. EB2 I140 (TSC)
a. Filed in March - Premium Processing
b. My Lawyer sent interfiling letter along with I140 filing
c. Approved in 7 days (A# and Priority Date retained)
d. Same week got Green Cards and Welcome Notices:) - Super-fast Approval
e. No email and no updates on USCIS website
Not sure about the USCIS and Lawyer fees . My company paid for every thing.
Hope every one get the desired freedom asap and don't have to wait like me for 10+ years
Wish you all the best ......to everyone who is waiting for GC.
Thanks,
Jimytomy
Congrats.
Got Green cards and Welcome notices for me and my wife .
Surprisingly no uscis e-mail and online status is still "initial review"
Our journey in short :
How long in US : 10+ years
First Labor in 2002 . Changed job in three years before approval of labor
Second Labor in 2004 . Approved in 2007
Filed I140 and 485 - in July 2007
Since then I was enjoying EAD / AP with no complain .
I donate to IV now and then , but for some reason only once (for few days) got access to IV-Donor Forum . But always had a faith that IV is doing good work .
From non-donor IV forums and other forums I noticed that USCIS are transferring leftover Visas to other EB categories . I waited to see some thing coming to EB3 but ......nothing came .
My Lawyer told me that I can port to EB2 and it is a normal a process.
1. New Perm
Filed in Feb and approved in 10 days ( Prep work takes 3 to 4 months before filing )
2. EB2 I140 (TSC)
a. Filed in March - Premium Processing
b. My Lawyer sent interfiling letter along with I140 filing
c. Approved in 7 days (A# and Priority Date retained)
d. Same week got Green Cards and Welcome Notices:) - Super-fast Approval
e. No email and no updates on USCIS website
Not sure about the USCIS and Lawyer fees . My company paid for every thing.
Hope every one get the desired freedom asap and don't have to wait like me for 10+ years
Wish you all the best ......to everyone who is waiting for GC.
Thanks,
Jimytomy
Congrats.
more...
americandesi
09-12 01:30 PM
Your attoney should be able to defend your case based on you salary more than PW.
The GC process is for future employement, your bosses ability to pay exists since he has paid you more salary than PW.
Your employer may be making loss every year, but he is paying you more than PW. Now your salary in itself is an expense for employer, so the fact that he is paying you may be making his financials look a little weak in term of profit loss.
Look at other threads on RFE issues, and talk to your lawyer.
I think you are fine.
When it comes to "employment of beneficiary" in proving ability to pay, the employer should prove that he had paid the proffered wage from the time PD is established continuing until the beneficiary obtains permanent residence.
It doesn�t matter if he�s getting paid the proffered wage now. The employer should prove the same from the time PD is established.
The GC process is for future employement, your bosses ability to pay exists since he has paid you more salary than PW.
Your employer may be making loss every year, but he is paying you more than PW. Now your salary in itself is an expense for employer, so the fact that he is paying you may be making his financials look a little weak in term of profit loss.
Look at other threads on RFE issues, and talk to your lawyer.
I think you are fine.
When it comes to "employment of beneficiary" in proving ability to pay, the employer should prove that he had paid the proffered wage from the time PD is established continuing until the beneficiary obtains permanent residence.
It doesn�t matter if he�s getting paid the proffered wage now. The employer should prove the same from the time PD is established.
hair Pictures of Nissan Urvan
DSLStart
09-11 04:25 PM
About 3 weeks back I had transfered money to my parents account in a Nationalised bank. I have been sending money to that account since a while. For the last transaction I did, I never got an email from SBI saying that the credit has been posted, but 6 days after the transaction the online status was showing that the beneficiary account has been credited. My parents enquired at their bank 3/4 times and everytime they were told that the money has not arrived from SBI. When I posted a customer care ticket, after I got reply after 2 days that the account number I had provided is incorrect. I replied them what the hell, you have transfered the money to same account earlier and how will the number change all of sudden. Then no reply for next 2 days. After asking them again about the status I was told that the beneficiary bank has moved to CORE banking so the account numbers are different now. When my parents asked about it, the bank told them that the CORE banking was completed 2 years ago and the current account number is the right number. I asked my parents to call SBI GLS customer care number in Mumbai and complain about this. The buggers from SBI called me in the middle of night (1.30 AM) and told me the same thing that the numbers are incorrect. After arguing with them for one hour in midnight, finally they agreed to their mistake. So the whole transaction took about 15 days to get the money transferred. Stupid people have given a 877 customer service number for US, but they work according to IST so the number works only till 9:00 AM EST later it just keeps ringing. SBI online service is sure working like any other Indian Govt office...
more...
StuckInTheMuck
04-28 07:29 AM
Thanks InTheMoment and seahawks - your points have been added to the list.
hot The Nissan Urvan, one of the
willigetagc
08-25 12:11 PM
I have sent money using icicibank's M2I service . Usually they take 5 working days to remit the money(atleast 8 days to transfer). I made four transactions last week(mon, tue, wed, thu) and they already remitted the money using low conversion rate.
It just took less than three days to remit the money this time. Bank deliberately did this just to steal money from me. I have lost more than 35 paise per dollar and it comes close to Rs 10,000. This is ridiculous and its a big robbery.
How do i get my money back? How do i make a compliant about this bank? They have no one to assist me over the phone.
What to do now?. Rs 10,000 may look too small for us. But how can we let banks to act like a criminals.
Any help/suggestion/comment?
They just did what the law allows them to do. These things happen according to established practices. Be happy that they are efficient.
What would you do if the opposite had happened and if you were in the money because the currency moved in the opposite direction after you initiated the transfer. Will you return the money to the bank?
So, stop whining. If you are so smart that you can predict currency movements, then hedge your money transfer with some other instrument.
It just took less than three days to remit the money this time. Bank deliberately did this just to steal money from me. I have lost more than 35 paise per dollar and it comes close to Rs 10,000. This is ridiculous and its a big robbery.
How do i get my money back? How do i make a compliant about this bank? They have no one to assist me over the phone.
What to do now?. Rs 10,000 may look too small for us. But how can we let banks to act like a criminals.
Any help/suggestion/comment?
They just did what the law allows them to do. These things happen according to established practices. Be happy that they are efficient.
What would you do if the opposite had happened and if you were in the money because the currency moved in the opposite direction after you initiated the transfer. Will you return the money to the bank?
So, stop whining. If you are so smart that you can predict currency movements, then hedge your money transfer with some other instrument.
more...
house Pictures of 2011 NISSAN URVAN
ns33
03-13 11:56 AM
I seriously hope that this is correct even though it doesn't apply to me : (
Anyway, IIRC, in past there have been incidences where VB posted in mumbai Consulate's website actually did not turn out to be true. Couple of years back - after the retrogression - it predicted huge forward movement which 2 days later turned out to be false hope...
so keep your fingers crossed...
: )
Anyway, IIRC, in past there have been incidences where VB posted in mumbai Consulate's website actually did not turn out to be true. Couple of years back - after the retrogression - it predicted huge forward movement which 2 days later turned out to be false hope...
so keep your fingers crossed...
: )
tattoo Pictures of NISSAN URVAN VX
anzerraja
07-19 08:45 PM
There is a funding drive in this other thread towards reimbursing Aman's expenses.
http://immigrationvoice.org/forum/showthread.php?t=10708
Could you please pledge an amount ?
Amanbhai,
Thank you so much, you got the leadeship skill, man go for it......
http://immigrationvoice.org/forum/showthread.php?t=10708
Could you please pledge an amount ?
Amanbhai,
Thank you so much, you got the leadeship skill, man go for it......
more...
pictures Pictures of 2007 Nissan Urvan
vikki76
09-14 11:21 PM
There seems to be no pattern among recent approval rate-My coworker didn't get any update from USCIS- he directly got his physical GC on 4th Sept.
We are still waiting, tried InfoPass, Raised SR, Contacted Senator etc.etc. I am willing to go to Lincoln,NE if that is what it will take to get GC:D
We are still waiting, tried InfoPass, Raised SR, Contacted Senator etc.etc. I am willing to go to Lincoln,NE if that is what it will take to get GC:D
dresses Pictures of NISSAN URVAN
p1234
10-02 11:34 PM
Guys,
Please refrain from fighting on EB3 and EB2 issue. We all know how difficult retrogression has been to every one here. As some one has already said, If interfiling was so easy and every one was fortunate enough to file another Labor/140, EB-2 would have been in 2002 or along with EB-3. AFAIK, Interfiling is some thing the law allows and as long as one does what the system allows and is not gaming the system, its perfectly fine. Don't rub salt on others wounds. Do what you can to improve the system. IMO, the backward movement was a knee jerk reaction to the false demand, shown by USCIS with a huge movement in PD. As you may know, this is purely demand and supply based DOS will move dates forward as soon as they realize that there is not much demand. DOS keeps track of all visa number requests and approvals based on PD's. The problem is DOS just does not know how many applications are pending per country per category to stop the back and forth movement of dates and make the date movement strictly forward. DOS clearly made this a requirement in OCT 08 bulletin and lets see what happens in the next few months. 2nd Q will be key as the over flow will start to trickle based on demand in EB-1+EB-4+EB-5
Your point is taken, no more flames after this.
Please refrain from fighting on EB3 and EB2 issue. We all know how difficult retrogression has been to every one here. As some one has already said, If interfiling was so easy and every one was fortunate enough to file another Labor/140, EB-2 would have been in 2002 or along with EB-3. AFAIK, Interfiling is some thing the law allows and as long as one does what the system allows and is not gaming the system, its perfectly fine. Don't rub salt on others wounds. Do what you can to improve the system. IMO, the backward movement was a knee jerk reaction to the false demand, shown by USCIS with a huge movement in PD. As you may know, this is purely demand and supply based DOS will move dates forward as soon as they realize that there is not much demand. DOS keeps track of all visa number requests and approvals based on PD's. The problem is DOS just does not know how many applications are pending per country per category to stop the back and forth movement of dates and make the date movement strictly forward. DOS clearly made this a requirement in OCT 08 bulletin and lets see what happens in the next few months. 2nd Q will be key as the over flow will start to trickle based on demand in EB-1+EB-4+EB-5
Your point is taken, no more flames after this.
more...
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drirshad
07-23 03:52 AM
Not sure of the prospects as lot of them tend to move here for better obs.
girlfriend Nissan Urvan for sale back
chanduv23
07-13 02:14 PM
Wear your company shirts/ your old company shirts, spouses can wear additional t shirts.
Business casual t shirts must also be fine.
Company's shirts will give excellent media attention.
If you are worried about present company, you may consider wearing shirt from previous company.
You can wear your school shirts also to show that you went to that school.
Business casual t shirts must also be fine.
Company's shirts will give excellent media attention.
If you are worried about present company, you may consider wearing shirt from previous company.
You can wear your school shirts also to show that you went to that school.
hairstyles 2006 nissan urvan shuttle vx
WaldenPond
03-13 11:37 AM
jnraajan,
Allow me to respond to your message. But before I do that, will request you to please remove the advertisement to your website - which in my opinion is divisive. IV is not just for Indians or for people from any one country/geographical location. Hope you would agree and do the necessary at your earliest convenience.
Thanks,
I completely disagree with your message here. You dont even know what the personal reason for not participating in a state chapter is. I, for one, am unable to join a state chapter, because , the nearest chapter is 400 miles and 2 states away. What good would it do to me to join something that I can never be part of. I wanted to start a state chapter here in my place, but I couldnt find any useful resources on how to do it. May be eb3_nepa has some reasons like it.
Like you said, IV is not a top-down organization, which means everyone is responsible for everyone. I dont see anything wrong with eb3_nepa's questions. He wanted to know what is going on. I am sure there are lots of people around here who has the same questions.
The Admin Fixes letter campaign was a good initiative. But, the target date got moved twice, and now I dont even know when the end date is.
May be IV should be a top-down organization. Any organization as big as IV would probably be better served with a Top Team. That team could probably elected by the community. I am confident, that most of our members wouldnt even mind spending a few extra bucks to pay a honarary amount to this team for their efforts and time. Then there will be more structure and accountability and action going on around here.
I came to know about IV pretty late. When I did learn about IV and joined IV, I was a very enthusiastic participant. Of late, I do believe IV is fading away. I dont see so many activities going on around here. Like eb3_nepa and few others said, IV is right now becoming just another Immigration portal. It is starting to lose its identity.
After doing all the hard work to gather a mass or like minded people, it will be shameful, if IV drifts away from its stated aim. So, may be it is time for every member, including core members like you to refect upon things and come up with ways to make this organization more transparent and more accessible for people like me.
Like Waldenpond said, it is probably not wise to list all the items going on in the portal. The work around to that would be, we can add another membership type which is more restrictive. This membership group will have only members whose identities have been verified. Once this group is created, IV can post all the happenings accessible to them. This will help people like me who are unable to be part of any state chapter to know what is happening at IV. Keep our sprits high.
Thank you
Allow me to respond to your message. But before I do that, will request you to please remove the advertisement to your website - which in my opinion is divisive. IV is not just for Indians or for people from any one country/geographical location. Hope you would agree and do the necessary at your earliest convenience.
Thanks,
I completely disagree with your message here. You dont even know what the personal reason for not participating in a state chapter is. I, for one, am unable to join a state chapter, because , the nearest chapter is 400 miles and 2 states away. What good would it do to me to join something that I can never be part of. I wanted to start a state chapter here in my place, but I couldnt find any useful resources on how to do it. May be eb3_nepa has some reasons like it.
Like you said, IV is not a top-down organization, which means everyone is responsible for everyone. I dont see anything wrong with eb3_nepa's questions. He wanted to know what is going on. I am sure there are lots of people around here who has the same questions.
The Admin Fixes letter campaign was a good initiative. But, the target date got moved twice, and now I dont even know when the end date is.
May be IV should be a top-down organization. Any organization as big as IV would probably be better served with a Top Team. That team could probably elected by the community. I am confident, that most of our members wouldnt even mind spending a few extra bucks to pay a honarary amount to this team for their efforts and time. Then there will be more structure and accountability and action going on around here.
I came to know about IV pretty late. When I did learn about IV and joined IV, I was a very enthusiastic participant. Of late, I do believe IV is fading away. I dont see so many activities going on around here. Like eb3_nepa and few others said, IV is right now becoming just another Immigration portal. It is starting to lose its identity.
After doing all the hard work to gather a mass or like minded people, it will be shameful, if IV drifts away from its stated aim. So, may be it is time for every member, including core members like you to refect upon things and come up with ways to make this organization more transparent and more accessible for people like me.
Like Waldenpond said, it is probably not wise to list all the items going on in the portal. The work around to that would be, we can add another membership type which is more restrictive. This membership group will have only members whose identities have been verified. Once this group is created, IV can post all the happenings accessible to them. This will help people like me who are unable to be part of any state chapter to know what is happening at IV. Keep our sprits high.
Thank you
sledge_hammer
02-03 09:53 AM
I have somewhat uderstood the rulemaking process. What I fail to understand is that since the rule to stop labor substitution is the final rule, does it mean that this rule has been implemented? Or is the next step for OMB to approve the final rule?
I am confused!
I am confused!
chanduv23
04-28 08:49 PM
AC21 is a law. However, USCIS not yet published the regulation since year 2000, that binds everyone. All these memos since 2000, are internal to USCIS and not binding. They are very clear in the memo that revokation (except on fraud) of an already approved 140 by the petitioner, after 180 days of pending of 485, will not stop the approval of 485, if employee changes to similar occupation. This is just a non bining internal standard of USCIS. It does not have teeth, as it is not a public regulation. However, this internal standard can be changed by any time with/without public notice or through a regulation. Also, one should remember that, they mentioned in one of their memos that, regulation will be much tougher than memo.
Therefore, as some one is mentioned that, an approved immigrant visa pettion should be always available at the time of issuing GC. That is also a law. This law also need to be met at the time of approval of 485. Therfore AC21 and requirement for availability of approved 140 is two different and counteracting issues.
In practical situation, the employee has no control over 140 in any stage as it is employer's petition. Therefore, if employee leaves the job as per the AC21 law, employer verywell withdraw the 140 even after 180 days of 485 pending and create a situation of unavailability of approved immigrat visa petion for the employee. Therefore, in the final regulation they will make a rule that favours the employee, if everything was bonafide. It is like a aboundened spouse in family catagory.
I think, USCIS is currently taking the tough standard to weed out the consulting compaines (to put a leash on GC factories/body shoppers), as they are the one mostly abusing the EB system. Only those people working in GC factories need to worry. It may be mainly due the current economic situation. I feel thats why they are delaying the regulation. Others need not worry.
Well, 485 denials on ac21 where 140 was revoked has always been happening.
Your interpretation might be right about consulting companies but these denials not necessarily happening to people in consulting companies, they happen to anyone whose 140 was revoked.
Therefore, as some one is mentioned that, an approved immigrant visa pettion should be always available at the time of issuing GC. That is also a law. This law also need to be met at the time of approval of 485. Therfore AC21 and requirement for availability of approved 140 is two different and counteracting issues.
In practical situation, the employee has no control over 140 in any stage as it is employer's petition. Therefore, if employee leaves the job as per the AC21 law, employer verywell withdraw the 140 even after 180 days of 485 pending and create a situation of unavailability of approved immigrat visa petion for the employee. Therefore, in the final regulation they will make a rule that favours the employee, if everything was bonafide. It is like a aboundened spouse in family catagory.
I think, USCIS is currently taking the tough standard to weed out the consulting compaines (to put a leash on GC factories/body shoppers), as they are the one mostly abusing the EB system. Only those people working in GC factories need to worry. It may be mainly due the current economic situation. I feel thats why they are delaying the regulation. Others need not worry.
Well, 485 denials on ac21 where 140 was revoked has always been happening.
Your interpretation might be right about consulting companies but these denials not necessarily happening to people in consulting companies, they happen to anyone whose 140 was revoked.
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