JunRN
05-15 11:39 PM
He got info from USCIS through congressional liason that his 140 was indeed approved on the date when the IO claimed it was denied and it was indeed revoked when he got a denial. The revoke was initiated by his employer.
They seem to have all info proper. There is no faulty system. If there is faulty system, probably we have known by now with things never happening right
Thanks for the clarification. Regarding faulty system, if it's not the database, it must be the practice. We have heard not few cases of AC21 cases being improperly denied.
My take is that the system used by USCIS is not designed to check for AC21 cases and so rightfully, when IO sees denied I-140, they deny the I-485. I think their Manual is also not updated to reflect AC21. AC21 is still a memo and not in their Manual.
They seem to have all info proper. There is no faulty system. If there is faulty system, probably we have known by now with things never happening right
Thanks for the clarification. Regarding faulty system, if it's not the database, it must be the practice. We have heard not few cases of AC21 cases being improperly denied.
My take is that the system used by USCIS is not designed to check for AC21 cases and so rightfully, when IO sees denied I-140, they deny the I-485. I think their Manual is also not updated to reflect AC21. AC21 is still a memo and not in their Manual.
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addsf345
12-04 05:40 PM
addsf345, did you get the answers? if yes, please share. Thanks much.:)
Well, find them below.
1. Will this immediately cancel my EAD? if so, I may have to resign.
EAD most likely doesn't get cancelled immediately. Find a post by 'lazycis' on this thread. Even if it gets, which is rare, one can still continue working on EAD. I know this sounds not right, but again search this thread. This is confirmed by few replies and ref links are provided to RG's website.
2. If I continue working while filling for MTR, will it be illegal?
again... look for links to RG's website for this. As per RG, this is considered as something 'beyong applicant's control' i.e. an applicant has nothing illegal, but CIS committed an error, so an applicant can not be punished for CIS error. My personal opinion is, it is always much safer if you have a good experienced immigration attorney on your side.
3. How much it costs to go thru' MTR process? How long it takes?
Most likely 60 - 90 days. Costs can vary, but it is not really really high.
again, like most ppl say in their signature, I am not a lawyer. So take professional advice first.
Well, find them below.
1. Will this immediately cancel my EAD? if so, I may have to resign.
EAD most likely doesn't get cancelled immediately. Find a post by 'lazycis' on this thread. Even if it gets, which is rare, one can still continue working on EAD. I know this sounds not right, but again search this thread. This is confirmed by few replies and ref links are provided to RG's website.
2. If I continue working while filling for MTR, will it be illegal?
again... look for links to RG's website for this. As per RG, this is considered as something 'beyong applicant's control' i.e. an applicant has nothing illegal, but CIS committed an error, so an applicant can not be punished for CIS error. My personal opinion is, it is always much safer if you have a good experienced immigration attorney on your side.
3. How much it costs to go thru' MTR process? How long it takes?
Most likely 60 - 90 days. Costs can vary, but it is not really really high.
again, like most ppl say in their signature, I am not a lawyer. So take professional advice first.
senthil1
07-06 01:34 PM
If they would not have approved 25k cases in 2 days still they could change the cut off date instead of making unavailable. In any case accepting 500k to 700k applications when Visa number not available might create more problems for USCIS than current mess. I think USCIS well aware of potential lawsuit as they got opposition for similar thing for EB3 other workers in June. There is no strong motive for Scandals as no one gets Finanicial benefit in USCIS or DOS. It needs to be seen how Courts will handle Adminstrative mess up. It is highly unlikely for courts to order USCIS to accept I485 even if they find violation of law. But if court considers the lawsuit it will be used to fix some of the issues in VB regulations
07/07/2007: State Department Record of EB Visa Number Authorization Involving Current Fiasco
According to the State Department, from October 1, 2006 through May 30, 2007, the USCIS requested and was authorized the total EB visa numbers of 66,426. Between June 1 and the first few days of July (?), the USCIS requested and was authorized over 60,000 EB visa numbers, in approximately one month. Since it has been made clear by the USCIS that during the last weekend of June 30 and July 1 (2 days) the USCIS approved 25,000 EB 485 applications, apparently over 40,000 visa numbers were requested and authorized before the weekend. Obviously the 60,000 plus cases must thus have been approved (?) in one month. Unconformed sources indicate that they processed and approved (?) a substantial number of application on Sunday, July 1, exhausting the EB numbers by July 1 and making the EB number unavailable not from July 1 but from July 2, 2007. It is interesting that even before the legal team initiate any discovery, the truth starts coming out of the cabinet a bit by bit.
07/07/2007: State Department Record of EB Visa Number Authorization Involving Current Fiasco
According to the State Department, from October 1, 2006 through May 30, 2007, the USCIS requested and was authorized the total EB visa numbers of 66,426. Between June 1 and the first few days of July (?), the USCIS requested and was authorized over 60,000 EB visa numbers, in approximately one month. Since it has been made clear by the USCIS that during the last weekend of June 30 and July 1 (2 days) the USCIS approved 25,000 EB 485 applications, apparently over 40,000 visa numbers were requested and authorized before the weekend. Obviously the 60,000 plus cases must thus have been approved (?) in one month. Unconformed sources indicate that they processed and approved (?) a substantial number of application on Sunday, July 1, exhausting the EB numbers by July 1 and making the EB number unavailable not from July 1 but from July 2, 2007. It is interesting that even before the legal team initiate any discovery, the truth starts coming out of the cabinet a bit by bit.
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santb1975
06-09 02:41 PM
^^^
more...
yabadaba
12-21 08:39 PM
Nathan Muller on Dec 21, 2006 at 09:59:25 said:
Your statment: "They claim that persons on H1-B do not pay taxes, that they bring in millions of family members and produce thousands of 'anchor babies.' These are the same lies being touted by Tancredo and his breed. Under the H1-B visa we are not exempt from any taxes charged by the IRS."
I challenge you to produce a quote from Tom Tancredo or Lou Dobbs where they say this about H1-B workers. I follow this issue closely and I have never heard of such statements about H1-B workers coming from either of these men.
Before you accuse others of lying, please tell the truth yourself!
Ali on Dec 21, 2006 at 07:51:16 said:
The fact that the visas you came in on are "temporary" in nature and only allow you to switch IF you can get green card sponsorship for the proscribed number of slots already tells you that Americans are willing and able to accept a certain limited number of immigrants--and no more.
Those of you who imagine that a temporary visa such as a student visa or H1-B guarantees you a green card are kidding yourselves.
raj on Dec 20, 2006 at 13:49:50 said:
swesome artcle.i
Brian on Dec 20, 2006 at 12:34:03 said:
Currently I work with many H1b workers form Indian. These temporary workers are creating anchor babies all the time. Now we have to educate their children as well as give them our jobs.
Since these H1b workers have come to the United States our globlal corporations refuse to train or permote Americans. They are not great minds but cheap labor. The H1B visa is a temporary work visa. Please go home after your work is complete
bill gates on Dec 20, 2006 at 11:31:41 said:
Pribh Das, please go home. We have enough race baiters already.
Go on with your life somewhere else.
B.
Post Your Comments
Your statment: "They claim that persons on H1-B do not pay taxes, that they bring in millions of family members and produce thousands of 'anchor babies.' These are the same lies being touted by Tancredo and his breed. Under the H1-B visa we are not exempt from any taxes charged by the IRS."
I challenge you to produce a quote from Tom Tancredo or Lou Dobbs where they say this about H1-B workers. I follow this issue closely and I have never heard of such statements about H1-B workers coming from either of these men.
Before you accuse others of lying, please tell the truth yourself!
Ali on Dec 21, 2006 at 07:51:16 said:
The fact that the visas you came in on are "temporary" in nature and only allow you to switch IF you can get green card sponsorship for the proscribed number of slots already tells you that Americans are willing and able to accept a certain limited number of immigrants--and no more.
Those of you who imagine that a temporary visa such as a student visa or H1-B guarantees you a green card are kidding yourselves.
raj on Dec 20, 2006 at 13:49:50 said:
swesome artcle.i
Brian on Dec 20, 2006 at 12:34:03 said:
Currently I work with many H1b workers form Indian. These temporary workers are creating anchor babies all the time. Now we have to educate their children as well as give them our jobs.
Since these H1b workers have come to the United States our globlal corporations refuse to train or permote Americans. They are not great minds but cheap labor. The H1B visa is a temporary work visa. Please go home after your work is complete
bill gates on Dec 20, 2006 at 11:31:41 said:
Pribh Das, please go home. We have enough race baiters already.
Go on with your life somewhere else.
B.
Post Your Comments
ronhira
05-06 12:58 PM
just found this online ni one of the articles
Twelve states - Arkansas, Maryland, Minnesota, Missouri, Nevada, New Jersey, Ohio, Oklahoma, Pennsylvania, South Carolina, Texas and Utah - have introduced or are considering introducing legislation similar to the one in Arizona.
Twelve states - Arkansas, Maryland, Minnesota, Missouri, Nevada, New Jersey, Ohio, Oklahoma, Pennsylvania, South Carolina, Texas and Utah - have introduced or are considering introducing legislation similar to the one in Arizona.
more...
chanduv23
06-01 03:37 PM
AILA (http://www.aila.org/) has an analysis of the immigration bill in an article "Top 5 Concerns Regarding Employment-Based Immigration in S. 1348":
there is a disturbing section in there:
Gaps in Green Card Availability � Immigrant visa petitions filed after May 15, 2007 on the basis of the current employment-based preference system will be rejected. � During the period between May 15, 2007 and the date the new merit based system is up and running (likely October 1, 2008), no new employment-based green card applications can be filed.
Any validity to this claim ?
If so, Does this mean that all I-485 that can be filled with the latest jump in priority date will be voided ?
Is this valid/legal ?
Maybe for new L/C filings .. can anyone look at this interpretation??
there is a disturbing section in there:
Gaps in Green Card Availability � Immigrant visa petitions filed after May 15, 2007 on the basis of the current employment-based preference system will be rejected. � During the period between May 15, 2007 and the date the new merit based system is up and running (likely October 1, 2008), no new employment-based green card applications can be filed.
Any validity to this claim ?
If so, Does this mean that all I-485 that can be filled with the latest jump in priority date will be voided ?
Is this valid/legal ?
Maybe for new L/C filings .. can anyone look at this interpretation??
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Alien
03-13 12:57 AM
How does that work? There is no law or process to connect an abandoned labor. I had approved labor with a PD of 1999 that got lost when I switched companies. But no one seems to be connecting that to me.
I said I was *wondering*. Not quite a declarative sentence.
I said I was *wondering*. Not quite a declarative sentence.
more...
Jimi_Hendrix
11-08 07:06 PM
Sorry for posting everything onto the forum. I had to do this after several attempts to post the zipped file did not work out.
Anyways I just wanted to post this list so that we have an idea about who are the newly elected Reps in CA. This will help us if we decide to meet some of them in future.
Anyways I just wanted to post this list so that we have an idea about who are the newly elected Reps in CA. This will help us if we decide to meet some of them in future.
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gc_maine2
08-26 03:17 PM
I don't know that they charge 400 for password change:mad:, I recently did it and also Customer care never informed me about this charge...
Check their interest rate and their service fee. I don't have to say anything anymore.
By the way what kind of convenience you received from ICICI bank? Recently i asked for a password change. You know the procedure for changing the password? I don't want to waste a page here. You yourself go and verify.
Apart from that you have to pay close to 400 rupees for every password change. Tell me if i am wrong. I challenge you.
Check their interest rate and their service fee. I don't have to say anything anymore.
By the way what kind of convenience you received from ICICI bank? Recently i asked for a password change. You know the procedure for changing the password? I don't want to waste a page here. You yourself go and verify.
Apart from that you have to pay close to 400 rupees for every password change. Tell me if i am wrong. I challenge you.
more...
chanduv23
11-20 08:54 PM
I can understand attorney's thinking: H1B is good to have. If there is no reason for its revocation (i.e applicant is still working for H1 sponsor), then there is some level of protection for you. Another aspect is a legal status. While EAD gives you an opportunity to continue work legally if I-485 is denied, it does not protect your legal status (accumulate more than 180 days of unlawful presence and you lose eligibility to adjust status and are a subject to re-entry ban). Having H1B gives you a protection in this case. But if H1B is revoked, I-485 is denied and a person does not have EAD, then there is no escape. It's nice to have both, but maintaining EAD should be the priority.
Typically, if someone is doing a AC21 jump + H1b transfer, it means that the h1b gets transferred to the new employer and the new employer is the h1b petitioner. If the h1b is based on an approved 140 - the beneficiary gets it for 3 years and unless the person is completing his 3 years with the new employer when the 140 revoke happens, the h1b is still valid unless the new employer decides he will cancel it or the person is layed off and thats when the person is in deep trouble because he/she does not have EAD. Correct me if I am wrong. H1b revocation by ex employer may not affect the candidate because candidate already did a transfer
Typically, if someone is doing a AC21 jump + H1b transfer, it means that the h1b gets transferred to the new employer and the new employer is the h1b petitioner. If the h1b is based on an approved 140 - the beneficiary gets it for 3 years and unless the person is completing his 3 years with the new employer when the 140 revoke happens, the h1b is still valid unless the new employer decides he will cancel it or the person is layed off and thats when the person is in deep trouble because he/she does not have EAD. Correct me if I am wrong. H1b revocation by ex employer may not affect the candidate because candidate already did a transfer
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bigboy007
06-10 11:46 PM
Diptam , its been repeatedly said CIR is not law yet , so dont think otherwise and be best wishes that it wont pass in current form. I hope there would be somthing as in case Law cant be retroactive. So cheerup and lets hope for the best.
more...
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wandmaker
06-18 08:25 AM
Today's Funding Drive Requirements, We are looking for
Two 500$ heroes (EB1) or
Ten 100$ heroes (EB2) or
Twenty 50$ heroes (EB3) or
Any combination of above* Classification is for fun, no offense
Two 500$ heroes (EB1) or
Ten 100$ heroes (EB2) or
Twenty 50$ heroes (EB3) or
Any combination of above* Classification is for fun, no offense
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zoooom
07-15 03:39 PM
Login to your bank account (This is for BoA)
Go to Bill Pay>>Payees>>Add a Payee
You will see two options
1)Pay a company
2) Pay an Individual
Click the GO button next to Pay an Individual (without entering any information)
In the next page
You will see a small form
Payee- is the name- in whose favor the check will be made
Nickname is for your reference
In Identifying information- you can put your handle
Rest is obvious
Payee creation is one time setup
Once you have created a payee
Go to Bill Pay>>Overview
and here you will see an option to make a payment
Thanks and Done...
ref num: 7YFFZ-0KY4F
Go to Bill Pay>>Payees>>Add a Payee
You will see two options
1)Pay a company
2) Pay an Individual
Click the GO button next to Pay an Individual (without entering any information)
In the next page
You will see a small form
Payee- is the name- in whose favor the check will be made
Nickname is for your reference
In Identifying information- you can put your handle
Rest is obvious
Payee creation is one time setup
Once you have created a payee
Go to Bill Pay>>Overview
and here you will see an option to make a payment
Thanks and Done...
ref num: 7YFFZ-0KY4F
more...
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styrum
07-18 03:17 PM
Once they accept I-485 in the system then they give us a Receipt#, with that Receipt we can file for EAD / AP (as long as your PD becomes available) then they will process your I-485, Just thinking.. what do you say guys ... Please lete me know.. Receipt Date Vs Visa Number ...
Thanks
You can file EAD/AP together with 485. That's how I did (actually I140 PP was in the same package too). Sent on 6/21 to I140PP address. Had all the receipts beginning of July.
Thanks
You can file EAD/AP together with 485. That's how I did (actually I140 PP was in the same package too). Sent on 6/21 to I140PP address. Had all the receipts beginning of July.
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Mouns
04-30 03:29 PM
OK so here it is, it will get 2 years before the backlogs due to the surge clear and to get back to normal... :mad:
more...
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EternityInLimbo
05-02 10:43 PM
PD - Nov 2001, regular, EB2 - No 45 day letter yet - How about that ?
PD Sept 2001, RIR EB2 (completed MD SWA Nov 2003 before going BEC), response confirmation filed Jan 2005, no further word... Just got my 10th-year H-1B extension approved.
How's this for a sad, twisted case of one-upmanship!
Almost glad for the company, but at the same time really sorry for it.
I mentioned this in another thread, but I heard from my law firm that the Philly BEC was prioritizing resource allocation to entering cases into their system, rather than in reviewing (and approving) the cases...
PD Sept 2001, RIR EB2 (completed MD SWA Nov 2003 before going BEC), response confirmation filed Jan 2005, no further word... Just got my 10th-year H-1B extension approved.
How's this for a sad, twisted case of one-upmanship!
Almost glad for the company, but at the same time really sorry for it.
I mentioned this in another thread, but I heard from my law firm that the Philly BEC was prioritizing resource allocation to entering cases into their system, rather than in reviewing (and approving) the cases...
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ssk1127
08-23 06:16 PM
Also forgot to mention the article says "certain" - See highlighted below the title so I am sure Advacned degree wil lnot come under this based on the definition you find in the above articale
Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)
Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)
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adhantari
07-06 03:52 PM
You morons, You have spent so much time in useless discussions and anti-immigrants are laughing at your foolishness. Its high time your greencards applications get a denial or RFE. You will come crying to IV to save your status. Or else you will be deported. That is all you can do. You guys have got sub labor or faked your resumes and now you want someone to be accountable to you. First learn to be accountable to yourself and your values.
Here is what antis are telling you aholes:
STFU you freeloaders
just frustered bcoz you are still stuck in Labor while mostly everybody filed their GC right...... I can understand...... but you should channel your frustration in good way.... may be try seeing a shrink...... I will pitch in $1 if you get shrink help......
Here is what antis are telling you aholes:
STFU you freeloaders
just frustered bcoz you are still stuck in Labor while mostly everybody filed their GC right...... I can understand...... but you should channel your frustration in good way.... may be try seeing a shrink...... I will pitch in $1 if you get shrink help......
priti8888
07-23 04:14 PM
this is a 2004 EB3 approval! This is the first one I am seeing from 2004. So looks like they have really cleaned the pipes here, and things should be better going forward.
The nicest thing of this whole fiasco is that they seem to have ignored country-limits and approved as many as possible. Last year they did only 9.8K EB Indians (teh final count was 17k, but that was due to ScheduleA). THis year (2007) if they have gotten 20-30K India applications out, the dates should move better in the future.
Eagerly awaiting 2 USCIS stats:
1. per-country per-category EB approvals in 2007
2. number of 485 applications received by August 17th
They indeed are clearing up the pipes, so the situation is not as horrible as it seems to be. A pd of 2004 is considered "old" so as soon as visa nos become available in october, they would be the first ones to get approved.
The nicest thing of this whole fiasco is that they seem to have ignored country-limits and approved as many as possible. Last year they did only 9.8K EB Indians (teh final count was 17k, but that was due to ScheduleA). THis year (2007) if they have gotten 20-30K India applications out, the dates should move better in the future.
Eagerly awaiting 2 USCIS stats:
1. per-country per-category EB approvals in 2007
2. number of 485 applications received by August 17th
They indeed are clearing up the pipes, so the situation is not as horrible as it seems to be. A pd of 2004 is considered "old" so as soon as visa nos become available in october, they would be the first ones to get approved.
jonty_11
07-06 05:37 PM
look closely..I think this fiasco is affecting the basic senses also.