pappu
09-01 07:46 AM
It worked now after 2 days. I think my explorer settings need work. I don't know much about them
I have never thought about slogans. Will keep that in mind. What is the deadline?
We need a slogan that mentions H1B's contribution to Social Security. I have not been able to find an article that mentions it. There are lot articles that mention undocumented workers contribution in billions. Just imagine how much we must have contributed and NO ONE mentions it
also scan through the vivek wadhwa report and pick a few lines to use as slogans from it. we need it this long weekend. Franklin is working on collecting them and finalizing it. we are running short on good slogans
I have never thought about slogans. Will keep that in mind. What is the deadline?
We need a slogan that mentions H1B's contribution to Social Security. I have not been able to find an article that mentions it. There are lot articles that mention undocumented workers contribution in billions. Just imagine how much we must have contributed and NO ONE mentions it
also scan through the vivek wadhwa report and pick a few lines to use as slogans from it. we need it this long weekend. Franklin is working on collecting them and finalizing it. we are running short on good slogans
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sunny1000
04-03 08:33 PM
Sent the faxes #10 and 11 yesterday :D
rajakannan
06-26 08:56 PM
I understand that there is lot of fear among applicants that USCIS might retrogress the dates interimly sometime in july due to the expected high volume of applications filing in the begining of july.
To minimize the chance of USCIS from taking any such steps, shall we all unite and file the applications on a specific date in july probably on 30th of july? This will accomodate all applicants...so that we shall all be winners and use this opportunity to our advantage instead of competing amongst each other...where only a few will be winners and others will be loosers.
This will also reduce the pressure among applicants , attorneys and doctors.
Can the AILA cooperate? Will there be unity amongst applicants to make this possible??? any ideas ??
To minimize the chance of USCIS from taking any such steps, shall we all unite and file the applications on a specific date in july probably on 30th of july? This will accomodate all applicants...so that we shall all be winners and use this opportunity to our advantage instead of competing amongst each other...where only a few will be winners and others will be loosers.
This will also reduce the pressure among applicants , attorneys and doctors.
Can the AILA cooperate? Will there be unity amongst applicants to make this possible??? any ideas ??
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yabadaba
12-28 11:19 AM
how do I avoid that scenario?
If I send some information to USCIS that I am invoking AC 21, they would not allow my employer to revoke I 140?
as far as i know, you cannot avoid that scenario of the employer withdrawing I-140. You can speak to them, but there is no way you can guarantee what they do. Your boss may agree but ur corp lawyers or HR may have different ideas.
just make sure u document everything including ur ac21 request to uscis. mayke sure u have an attorney on record who will file ur ac21...if u want to be supersafe.
as long as u have the documentation and correct letters from your company, even if they have a rfe on ur case, u can provide documentation...if they issue a noid or deny ur petition, ur lawyer can help u file a mtr (motion to reopen/reconsider) and resolve it for u.
i am not speaking from personal experience but from what i have been reading on the forums for a few years now.
on the plus side u will have hundred if not thousands of ppl invoking ac21 in the next few days...so uscis will be well aware of the law, clauses, etc when it comes time to adjudicate urs.
If I send some information to USCIS that I am invoking AC 21, they would not allow my employer to revoke I 140?
as far as i know, you cannot avoid that scenario of the employer withdrawing I-140. You can speak to them, but there is no way you can guarantee what they do. Your boss may agree but ur corp lawyers or HR may have different ideas.
just make sure u document everything including ur ac21 request to uscis. mayke sure u have an attorney on record who will file ur ac21...if u want to be supersafe.
as long as u have the documentation and correct letters from your company, even if they have a rfe on ur case, u can provide documentation...if they issue a noid or deny ur petition, ur lawyer can help u file a mtr (motion to reopen/reconsider) and resolve it for u.
i am not speaking from personal experience but from what i have been reading on the forums for a few years now.
on the plus side u will have hundred if not thousands of ppl invoking ac21 in the next few days...so uscis will be well aware of the law, clauses, etc when it comes time to adjudicate urs.
more...
nogc_noproblem
08-26 12:57 PM
We have applied for our AP renewal on 05/09 at NSC. I have noticed online status change to our I131s today with the following message. Is this a RFE? if so, what could be the RFE for AP? Your help and input appreciated.
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Document mailed to applicant.
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Document mailed to applicant.
whattodo21
12-08 09:31 AM
If an RFE is issued, how long does it take to get EAD/AP? Will the USCIS still honor the 90/120 day issuance?
more...
eb3retro
10-19 02:08 PM
is this for AP/EAD? and which center? did you expedite it.
Status changed today - Card/ Document Production
Status changed today - Card/ Document Production
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Canadian_Dream
12-20 01:24 PM
This MEMO also talks about length of stay beyond 6 years. There has been a lot of controversy involving changing job after 3 years H1B extension based on approved I-140. This memo seems to clarify that a little, but it is still not clear enough about implication of revoked I-140 on the approved H1B.
See Section 5, Page 7
Burden of proof rests with petitioner and alien to establish his or her eligibility....
I hope some lawyer or USCIS can clarify this once and for all. There are already so many thereads on this, that I don't want to start another one.
See Section 5, Page 7
Burden of proof rests with petitioner and alien to establish his or her eligibility....
I hope some lawyer or USCIS can clarify this once and for all. There are already so many thereads on this, that I don't want to start another one.
more...
Pineapple
11-16 02:47 PM
Is it really against EEOC guidelines to specify US nationals or GC holders for jobs which do not require security clearance? I mean that specification is so common to job advertisements that I always assumed the law allowed that.. certainly news for me if that is not the case!
Thanks for posting this, GCwaitforever..
Thanks for posting this, GCwaitforever..
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lazycis
12-18 02:41 PM
Sorry to hear about your situation. You should've taken unpaid leave for two weeks instead of a lay off. Now you definitely should not file AC21 and hope that the USCIS will not issue RFE (rarely happens). It doesn't matter how you quit, if the USCIS finds about it, it will probably deny I-485.
Regarding Shusterman's Q&A. I am not sure where he is coming from. The law (8 USC 1154) does not provide for lay-off exception. Wait... The USCIS memo says this:
"Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So you may not be in a bad shape after all. As for whether to file AC21 papers in your situation, I am not sure. I would not do it.
Regarding Shusterman's Q&A. I am not sure where he is coming from. The law (8 USC 1154) does not provide for lay-off exception. Wait... The USCIS memo says this:
"Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So you may not be in a bad shape after all. As for whether to file AC21 papers in your situation, I am not sure. I would not do it.
more...
jungalee43
06-24 07:33 PM
First of all congratulations on arriving at a mile stone. But obviously it is not end of the journey.
It is also not a time to say "thanks and good bye" to IV. Consider the fact that IV has done a lot for us, at least by making Congress aware of our plight and giving the anti immigrationist some run for their money and at times making their heartbit to skip. It is a different matter whether we got the law passed to address our problem, we may not have that much power; a simple fact is that we do not have voting power and Indian-American or Chinese-American community is not 100% behind us.
But in times like this at least members like you should not leave IV. Then those who have made the dates temporarily current to divide us have just achieved their goals. Anti immigrationist and the writers of the senate amnesty for illegal aliens bill would smile after reading your post. In fact you should announce a one time donation to IV to celebrate your milestone and pledge your continuing support to IV.
Thanks.
___________________________
Donation $500+ and continuing
Guys Got approved today morning........... Thanks to everyone on this forum for infinite information........... Will be back when ready for the Citizenship application..................:D
--------------------------------------------------------------------------------
*** DO NOT RESPOND TO THIS E-MAIL ***
The last processing action taken on your case
Receipt Number: LIN0XXXXXXXX
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
On June 19, 2007, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.
Sincerely,
The U.S. Citizenship and Immigration Services (USCIS)
-------------------------------------------------------------------------------
PD- Dec 2002, I485-RD- Dec 2003.
It is also not a time to say "thanks and good bye" to IV. Consider the fact that IV has done a lot for us, at least by making Congress aware of our plight and giving the anti immigrationist some run for their money and at times making their heartbit to skip. It is a different matter whether we got the law passed to address our problem, we may not have that much power; a simple fact is that we do not have voting power and Indian-American or Chinese-American community is not 100% behind us.
But in times like this at least members like you should not leave IV. Then those who have made the dates temporarily current to divide us have just achieved their goals. Anti immigrationist and the writers of the senate amnesty for illegal aliens bill would smile after reading your post. In fact you should announce a one time donation to IV to celebrate your milestone and pledge your continuing support to IV.
Thanks.
___________________________
Donation $500+ and continuing
Guys Got approved today morning........... Thanks to everyone on this forum for infinite information........... Will be back when ready for the Citizenship application..................:D
--------------------------------------------------------------------------------
*** DO NOT RESPOND TO THIS E-MAIL ***
The last processing action taken on your case
Receipt Number: LIN0XXXXXXXX
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
On June 19, 2007, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.
Sincerely,
The U.S. Citizenship and Immigration Services (USCIS)
-------------------------------------------------------------------------------
PD- Dec 2002, I485-RD- Dec 2003.
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garybanz
11-02 02:16 PM
Papu,
Is IV in a position to check with USCIS on the official guideline for this issue?
Thanks.
Questions for everyone to research and post the answers------
-- Is there any real example on any internet forum, website or blog where someone faced problem in citizenship because they left their sponsor employer before 6 months expired? Do not find opinion but a real proof.
-- Can any lawyer provide a case example to illustrate the above. We can go into detail, talk to USCIS and seek clarification.
-- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.
Is IV in a position to check with USCIS on the official guideline for this issue?
Thanks.
Questions for everyone to research and post the answers------
-- Is there any real example on any internet forum, website or blog where someone faced problem in citizenship because they left their sponsor employer before 6 months expired? Do not find opinion but a real proof.
-- Can any lawyer provide a case example to illustrate the above. We can go into detail, talk to USCIS and seek clarification.
-- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.
more...
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smuggymba
05-11 11:12 AM
WASHINGTON � Democrats are trying once again to advance legislation that would give some young illegal immigrants a chance to live legally in the U.S.
Sen. Dick Durbin of Illinois plans to file a new DREAM Act bill on Wednesday. In the House, Rep. Howard Berman of California plans to file similar legislation.
Generally, to qualify the young immigrants must have a high school diploma or the equivalent and have spent two years in college or the military. They must have been under 16 when they arrived in the U.S.
At least one Republican, Rep. Ileana Ros-Lehtinen of Florida, is co-sponsoring the House bill.
The bill filings would follow a speech Tuesday in Texas on immigration by President Barack Obama.
Read more: Democrats to try again on DREAM Act - FoxNews.com (http://www.foxnews.com/us/2011/05/10/democrats-try-dream-act/#ixzz1M3rtftS0)
Sen. Dick Durbin of Illinois plans to file a new DREAM Act bill on Wednesday. In the House, Rep. Howard Berman of California plans to file similar legislation.
Generally, to qualify the young immigrants must have a high school diploma or the equivalent and have spent two years in college or the military. They must have been under 16 when they arrived in the U.S.
At least one Republican, Rep. Ileana Ros-Lehtinen of Florida, is co-sponsoring the House bill.
The bill filings would follow a speech Tuesday in Texas on immigration by President Barack Obama.
Read more: Democrats to try again on DREAM Act - FoxNews.com (http://www.foxnews.com/us/2011/05/10/democrats-try-dream-act/#ixzz1M3rtftS0)
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dc2007
08-23 03:42 PM
GOD Bless you !
PS: There is no need to be so prominent. We hear you.
PS: There is no need to be so prominent. We hear you.
more...
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WeShallOvercome
09-10 11:46 AM
This is what I got from 4 separate lawyers when I was invoking AC-21. I think everybody should speak to a lawyer before invoking AC-21.
A lot of people out there think that after getting EAD one can invoke AC-21 to change to any job at any employer. This is not true. AC-21 is pretty complicated and I think that in the future, if there is no change in the law, a lot of 485 applications will be pending for 6-8 years or more. And for the duration of this period, a lot of people will invoke AC-21. I also think that the rate for rejection for number of AC-21 cases at USCIS will be higher. Nobody told me about the approximate wait time and rejection rate. It is just what I think based upon the developing situation.
Sanju,
Is there any basis your thoughts are coming from? And what is the 'deveoping situation' you mentioned that would lead to an increased rate of rejection for AC21 cases.
I personally don't see anything like that provided you have completed 6 months AND your new job description is similar to the old one.
An increase in number of people invoking it should actually make AC21 a common and very popular choice and that should lead to low rate of denials as more and more officers will now be aware of the law ---(Again assuming you keep those 2 conditions in mind)
A lot of people out there think that after getting EAD one can invoke AC-21 to change to any job at any employer. This is not true. AC-21 is pretty complicated and I think that in the future, if there is no change in the law, a lot of 485 applications will be pending for 6-8 years or more. And for the duration of this period, a lot of people will invoke AC-21. I also think that the rate for rejection for number of AC-21 cases at USCIS will be higher. Nobody told me about the approximate wait time and rejection rate. It is just what I think based upon the developing situation.
Sanju,
Is there any basis your thoughts are coming from? And what is the 'deveoping situation' you mentioned that would lead to an increased rate of rejection for AC21 cases.
I personally don't see anything like that provided you have completed 6 months AND your new job description is similar to the old one.
An increase in number of people invoking it should actually make AC21 a common and very popular choice and that should lead to low rate of denials as more and more officers will now be aware of the law ---(Again assuming you keep those 2 conditions in mind)
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arung
08-25 12:42 PM
I have received my EAD card today with 2 years , I verified case status online, it is still says pending, where as I did not received AP but , status say's Document mails on Aug 21st. Has anyone had same situation, is there any need to call to fix it. I have dropped a mail to my lawyer as well.
more...
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shozee
12-30 07:22 PM
Im july 5th filer .Filed I140 and I 485 conc .Opened SR for FP because didnt recieve it till NOV .In NSC_CSC_NSC.next day after opening SR i got Fp notice .Obvously nothin to do with SR .Got reply for SR after a month which says " Status I-485 USCIS is waiting boimetrics info to produce permanent residency card "
Any idea what would this statement mean ?
I_140 & 485 fild July 5th 2007
PD curent
Any idea what would this statement mean ?
I_140 & 485 fild July 5th 2007
PD curent
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gsc999
07-06 04:15 PM
GRAVITATION DID ANYONE EVER TELL YOU THAT YOU ARE AN IDIOT
Curious, why do you say that?
Curious, why do you say that?
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maine_gc
07-06 04:55 PM
I support this action item.
Here is my story. I came to US in 2001 and was able to get the visa stamping done in US twice. My visa expired in 2005. Since the revalidation in US is stopped in 2004, i did not go to India until i received my AP in 2007. This is because i know couple of friends (brothers) who were stuck in India for almost 3 months when they went for marriage in 2005. So i decided not to take the risk. I went to India in 2008 and returned back on AP.
Now i cannot use AP anymore because my I140 was denied by USCIS. This is for sure an error by USCIS. In the denial letter they said my company applied for X number of green cards which is not true. Green cards applied by the company are too low compared to the number provided by the USCIS. My appeal is pending at AAO. If the revalidation of visa can be done in US, i can get it stamped and visit the family in India instead of waiting for the decision on the appeal.
Here is my story. I came to US in 2001 and was able to get the visa stamping done in US twice. My visa expired in 2005. Since the revalidation in US is stopped in 2004, i did not go to India until i received my AP in 2007. This is because i know couple of friends (brothers) who were stuck in India for almost 3 months when they went for marriage in 2005. So i decided not to take the risk. I went to India in 2008 and returned back on AP.
Now i cannot use AP anymore because my I140 was denied by USCIS. This is for sure an error by USCIS. In the denial letter they said my company applied for X number of green cards which is not true. Green cards applied by the company are too low compared to the number provided by the USCIS. My appeal is pending at AAO. If the revalidation of visa can be done in US, i can get it stamped and visit the family in India instead of waiting for the decision on the appeal.
imh1b
11-12 09:16 AM
Visa bulletin is coming today
aspiration
07-08 12:12 PM
Is there any update on three bills in house. I have checked the hearing schedule for all committees and there seems to be no hearing scheduled for any of these bills. House is in session till September 7 and after that District work period and convention shows, which leaves us with just 4 weeks from now and after that It reconvens from September 9 with target adjournment date of 26th september and i m pretty sure no congressional rep will like to cast vote on any bills before going into election....
Prospects seems bleak now... Is there anything we can do...any last attempt that is required? If so...Let us all know...
Prospects seems bleak now... Is there anything we can do...any last attempt that is required? If so...Let us all know...
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