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Well, 485 denials on ac21 where 140 was revoked has always been happening.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but these denials not necessarily happening to people in consulting companies, they happen to anyone whose 140 was revoked.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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DesiGuy
09-17 01:50 PM
LINK?
http://judiciary.edgeboss.net/real-live/judiciary/17223/56_judiciary-coj_2141_070212.smi
http://judiciary.edgeboss.net/real-live/judiciary/17223/56_judiciary-coj_2141_070212.smi
sodh
01-29 11:27 PM
What Took Them So Long.
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garybanz
11-26 01:45 PM
Why do people stay on H1 after getting EAD
1) Traditionally EAD was available to people who had a current PD, so staying on H1 for about an additional year did not matter much. But now if we have EAD and we need to wait for like 5 years to get the GC then the wait time is high enough for taking a calculated risk.
2) Cost is not an issue, if at all you'll save the cost of renewing H1 again and again.
3) I hear 485 rejections are very rare...I don't have any stats to back this point but seems like the reasons for rejections are such that a second application can't fix it. So if your 485 is rejected then you will never get a GC...again what benefit are you holding onto by staying in H1?
4) Do not forget that usually the attorney advising you to stay on H1 is also the one who will renew the H1, so there is a vested interest in his advise. I am not suggesting that they are necessarily giving out bad advise, just that we should not forget where that advise is coming from.
My take is that if you see a substantial change in your situation (>25% salary advantage, Starting own company etc) then you should go for using EAD. On the other hand if you have H4 Kids in school, have a house here or for any other reason not willing to take a small chance about the possibility of having to go back to the home country then you should just stay on H1.
1) Traditionally EAD was available to people who had a current PD, so staying on H1 for about an additional year did not matter much. But now if we have EAD and we need to wait for like 5 years to get the GC then the wait time is high enough for taking a calculated risk.
2) Cost is not an issue, if at all you'll save the cost of renewing H1 again and again.
3) I hear 485 rejections are very rare...I don't have any stats to back this point but seems like the reasons for rejections are such that a second application can't fix it. So if your 485 is rejected then you will never get a GC...again what benefit are you holding onto by staying in H1?
4) Do not forget that usually the attorney advising you to stay on H1 is also the one who will renew the H1, so there is a vested interest in his advise. I am not suggesting that they are necessarily giving out bad advise, just that we should not forget where that advise is coming from.
My take is that if you see a substantial change in your situation (>25% salary advantage, Starting own company etc) then you should go for using EAD. On the other hand if you have H4 Kids in school, have a house here or for any other reason not willing to take a small chance about the possibility of having to go back to the home country then you should just stay on H1.
more...
arihant
04-28 04:56 PM
Made my third contribution today. Hope we meet the goal on time.
pansworld
12-13 12:59 AM
351. That is the total count of contributors.
Assumptions:
1. We will have 500 contributors for this funding drive.
2. Taking a percentage of the people voting yes we get 500*42/60=350 (this changes as the voting continues)
Cash flow with paid membership
------------------------------
$8750 per month or a $105,000 per year.
Result:
Probability of getting newer members is less. Contributions to funding drive may decline altogether if we do not allow people who visit the site to ask questions.
To generate the same cash flow with monthly funding drives
---------------------------------------------------------
assuming an average of $50 per month=175 people.
Probability of getting more people to contribute per month is higher. Getting more commitments is higher. Getting commitment from different set of people is higher and many may chose to make one time payments.
I may be wrong but I am open to other calcs as well.
Assumptions:
1. We will have 500 contributors for this funding drive.
2. Taking a percentage of the people voting yes we get 500*42/60=350 (this changes as the voting continues)
Cash flow with paid membership
------------------------------
$8750 per month or a $105,000 per year.
Result:
Probability of getting newer members is less. Contributions to funding drive may decline altogether if we do not allow people who visit the site to ask questions.
To generate the same cash flow with monthly funding drives
---------------------------------------------------------
assuming an average of $50 per month=175 people.
Probability of getting more people to contribute per month is higher. Getting more commitments is higher. Getting commitment from different set of people is higher and many may chose to make one time payments.
I may be wrong but I am open to other calcs as well.
more...
sts_seeker
03-22 02:32 PM
Hi Prashad and other experts,
Would you able to share the sample letter if you used any in past or what contents it should have when replying to the RFE for I-140? Please reply or send me a private message.
Thanks
sts_seeker
Would you able to share the sample letter if you used any in past or what contents it should have when replying to the RFE for I-140? Please reply or send me a private message.
Thanks
sts_seeker
2010 Dwyane Wade of the Miami Heat
gc_chahiye
11-02 04:47 PM
I would strongly disagree that H1 = cheap labor. It's only the H1B employer who pays low salaries, where as the client pays the same billing rate to all contractors (including US citizens).
I agree with you. I was just using those salary numbers as an example. Did not mean to imply that H1 indicates cheaper labor.
I agree with you. I was just using those salary numbers as an example. Did not mean to imply that H1 indicates cheaper labor.
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Jaime
06-16 01:16 AM
Somehow "spinster" sounds so drastic and final...
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chanduv23
03-13 11:31 AM
Don't worry - IV core will appear out of the blue when:
1)- there is a good news - to claim the responsibility (regardless whos efforts)
2)- when they are in urgent need of funds (don't ask just give)
Local chapter is a joke for most of the states, in my state there were only 2 meetings in 6 months and in second no one came including organizer :D
So basically by not joining local chapter you are not missing anything! trust me :)
Read/Write => Enjoy IV, Don't compain
So why don' t u do something and show u r capable. IV will definitely learn from people like you.
1)- there is a good news - to claim the responsibility (regardless whos efforts)
2)- when they are in urgent need of funds (don't ask just give)
Local chapter is a joke for most of the states, in my state there were only 2 meetings in 6 months and in second no one came including organizer :D
So basically by not joining local chapter you are not missing anything! trust me :)
Read/Write => Enjoy IV, Don't compain
So why don' t u do something and show u r capable. IV will definitely learn from people like you.
more...
sgH1
01-20 09:31 PM
I'm in...
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imm_pro
06-02 03:12 PM
Called first three and left VM..will call the rest after lunch..
more...
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eb3_nepa
06-07 12:58 PM
I am married too, but i only said that there are other easier paths aswell.
Regarding working late, i am a fulltime employee with H1-B and never came to office before 10:00AM and stayed after 6:00PM and never ever worked weekends. Mine can be an exceptional case, but what iam saying is, your relationship with your manager is important. This can make a lot of difference in your lives.
As long as you deliver what is expected of you, you can even work 4 days a week and get paid for 40 hrs per week.
I don't know, if we are deviating from our main discussion agenda started by LogicLife.
--sri
I think we are deviating. But allow me to say this. The point that logiclife made VERY largely correct. The other point that you made just now is true as well. Your relationship with ur manager sort of defines how well you wud do. But then that makes ur h1b/Gc process "manager specific" ;). Plus you and I are lucky that we dont work long hours like some others, but the average H1B worker does. Like Logiclife said, it may not be coz the employer forces you to, but you do it anyway to make yourself more useful and avoid layoff issues. I am sure most of us at this stage are more worried about losing our jobs coz of H1/GC problems than actually finding jobs or having no savings.
Someone pointed up above that some say having a GC is better and some say having a Job is better. Here is what i think. If you have a GC atleast u can find another job even it takes 2-3 months. If ur on H1b you CANNOT. About the savings, well that is an individual thing. Some save more and enjoy a little less, some enjoy life more and save less.
About whether immigration is a right or a privilege. Right now i think it is more LUCK than either one.
Regarding working late, i am a fulltime employee with H1-B and never came to office before 10:00AM and stayed after 6:00PM and never ever worked weekends. Mine can be an exceptional case, but what iam saying is, your relationship with your manager is important. This can make a lot of difference in your lives.
As long as you deliver what is expected of you, you can even work 4 days a week and get paid for 40 hrs per week.
I don't know, if we are deviating from our main discussion agenda started by LogicLife.
--sri
I think we are deviating. But allow me to say this. The point that logiclife made VERY largely correct. The other point that you made just now is true as well. Your relationship with ur manager sort of defines how well you wud do. But then that makes ur h1b/Gc process "manager specific" ;). Plus you and I are lucky that we dont work long hours like some others, but the average H1B worker does. Like Logiclife said, it may not be coz the employer forces you to, but you do it anyway to make yourself more useful and avoid layoff issues. I am sure most of us at this stage are more worried about losing our jobs coz of H1/GC problems than actually finding jobs or having no savings.
Someone pointed up above that some say having a GC is better and some say having a Job is better. Here is what i think. If you have a GC atleast u can find another job even it takes 2-3 months. If ur on H1b you CANNOT. About the savings, well that is an individual thing. Some save more and enjoy a little less, some enjoy life more and save less.
About whether immigration is a right or a privilege. Right now i think it is more LUCK than either one.
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fasterthanlight�
06-09 03:56 PM
the chavPod!
Haha that's sick!
Haha that's sick!
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snathan
03-29 03:35 PM
@snathan, sorry pal i thought you must those fake identities in disguise who could pull you back from filing a complaint since they were one from the run, anyways with your suggestion the consular processing i understand there is a chance to come back, but to be true these 3 months have set me back by 3 years, with the consultant not picking my call when i want to ask him about the situation, running from company to company to attend an interview, they all taking a 5-6 hour interview and then then getting back 2 months later only to tell you that
they had another senior in line from the company for promotion , they gave him the job and no outside candidates are being considered, other companies also making a mockery of the process of hiring. I would be better going to australia and working from within there, yes i did pay for my H1B but to be so true as i want to be i though it was a procedure at the companies and only realized after i had handed it over by reading this forum that i had also become in cohoots with this consultant. I am not a cry baby here , just that people flying in from all parts of the world , India, Australia, Canada and god knows from where, should be made aware that such things could happen to you and beware, for me the beware sign a little late as i believed at first started my research later.
@uma thanks for the support but i have already decided to fly back, i appreciate this forum and the people who are willing to help
@roseball well got no breath left to do another set of visa interview at the US consulate and answer those questions
@poorslumdog when i started to research i found that this company has done this to many Indian guys, many Canadians by charging visa fees and charging some extra dough and sat on it like a vulture, did nothing to call them to the country and some have never reported to work after 3 years of visa filing, now why is this whole tantrum of filing then, they have been expanding with offices in various areas in US and it acts a good mark on
their company in terms of view from a outside and successful visa filing with candidate money with no responsibility of placing then is a goldmine, they are like half hits in terms of placing and calling people here, i met with an Indian guy who had come here on his own and changed the company finally as he went thru the same scum of this company.
Seems like there are victims falling for this modus operandi time after time.
@HRPRO thanks for the suggestion
@GCvivek thanks for the analysis of my situation, i feel that its tough to put him to trial but somebody is going to have to do that someday, let it be me, atleast if only a black mark
it will add to his database and track record of black marks and i am sure many more would have tried but never complained against him, makes him immune everytime someone passes without doing it as i agree they want to be safe, but i want to blow the whistle.
I need help on the procedure of documents to be submitted , please help me on that as well.
Believe me if he is doing this as a pattern...he is already on the hook; you just need to call the Hour and wage division at DOL and give the employer details. They will take care of it and it will take 2-3 years.
Also if you file complaint, you will get the whistle blower protection means you would be able to do the transfer without even the pay stub. If you are lucky, you would not need to go out of the country.
Most of the time the end client would not be able to hire you though they conduct interview (the interview might be an eye wash or GC interview), you need to find their primary vendor/any vendor and go thru them. It all depends on your skill set and contacts.
they had another senior in line from the company for promotion , they gave him the job and no outside candidates are being considered, other companies also making a mockery of the process of hiring. I would be better going to australia and working from within there, yes i did pay for my H1B but to be so true as i want to be i though it was a procedure at the companies and only realized after i had handed it over by reading this forum that i had also become in cohoots with this consultant. I am not a cry baby here , just that people flying in from all parts of the world , India, Australia, Canada and god knows from where, should be made aware that such things could happen to you and beware, for me the beware sign a little late as i believed at first started my research later.
@uma thanks for the support but i have already decided to fly back, i appreciate this forum and the people who are willing to help
@roseball well got no breath left to do another set of visa interview at the US consulate and answer those questions
@poorslumdog when i started to research i found that this company has done this to many Indian guys, many Canadians by charging visa fees and charging some extra dough and sat on it like a vulture, did nothing to call them to the country and some have never reported to work after 3 years of visa filing, now why is this whole tantrum of filing then, they have been expanding with offices in various areas in US and it acts a good mark on
their company in terms of view from a outside and successful visa filing with candidate money with no responsibility of placing then is a goldmine, they are like half hits in terms of placing and calling people here, i met with an Indian guy who had come here on his own and changed the company finally as he went thru the same scum of this company.
Seems like there are victims falling for this modus operandi time after time.
@HRPRO thanks for the suggestion
@GCvivek thanks for the analysis of my situation, i feel that its tough to put him to trial but somebody is going to have to do that someday, let it be me, atleast if only a black mark
it will add to his database and track record of black marks and i am sure many more would have tried but never complained against him, makes him immune everytime someone passes without doing it as i agree they want to be safe, but i want to blow the whistle.
I need help on the procedure of documents to be submitted , please help me on that as well.
Believe me if he is doing this as a pattern...he is already on the hook; you just need to call the Hour and wage division at DOL and give the employer details. They will take care of it and it will take 2-3 years.
Also if you file complaint, you will get the whistle blower protection means you would be able to do the transfer without even the pay stub. If you are lucky, you would not need to go out of the country.
Most of the time the end client would not be able to hire you though they conduct interview (the interview might be an eye wash or GC interview), you need to find their primary vendor/any vendor and go thru them. It all depends on your skill set and contacts.
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shishya
06-14 06:56 PM
This is how it works. If you file for your 485 now, the next thing that is expected from you is to wait for the receipt, that would take 3 to 4 weeks. Then you will get finger print notice, that might come in three months time. Once you are done with all this then check the processing date of the respective service centre where you have filed your 485 application.
Now coming to the question of unmarried filers, if the principal aplicant's date of marriage is beofe his or her 485 adjudication of adjustment of status, there are two ways principal applicant file for 485 for his or her spouse. The spouse can travel to US on H4 and file for 485 or the principal applicant can do consular processing. Now consular processing is good for those cases whosw w PD is current but since retrogression can kick in anytime it is better to travel to US on H4 and file for 485.
Another important aspect is if you file 485, EAD, Advance Parole and you use EAD, you loose your H1 status, hence on EAD you can not bring in your wife. So unmarried filersn it goes like thisn you go ahead and fileyour 485, then go to your home country brng in your wife on H4n as you have aleast s months of time if NSC, TSC or CSC 485 processing is not current and it is hown 1 month for receipt of 485, three months of time for getting the finger print notice and you can postpone by another month of FP by rescheduling it to another month. So literally you have 4 to 5 months to get married and by that time the dates will retrogress again. So dont worry, just go ahead file your 485 and start looking to get married. But try to bring in your spouse asap so that you can file for your spouses 485 also till the time PD is current. If you are not able to file for 485 for your spouse and you have filed for yourself and whenthe dates retrogresses again when your spouse comed to US you would not be able to use EAD as using EAD nullifies H1 and H4 status. So desi consulting companies will keep on sucking your blood as you cannot change job using EAD. If you need more info on this let me know I have gone through this and waited for almost three years to file for my spouse I resheduled my FP notice in 2004 to get married by the time my wife came retrogression kicked in and waited till June 2007 to file for my wife. My PD june 2002 still waiting
God, ajmalnasar, you scare me again buddy! :(
Let me ask some questions:
(i) I heard after filing 485 I could change employers? Yes or no? If yes, then which state would I be in? (EAD, AP or none)?
(ii) After filing 485, do I HAVE to get my wife into US before the dates retrogress again?? Whoa never heard that...are you sure? :(
(iii) Is there no step after 485 filing that I can keep postponing to not let 485 approve (like delaying 485 fingerprinting multiple times) so that I can let 485 approve only after I am married and can bring my wife in?
Appreciate your responses!
Thanks!
Now coming to the question of unmarried filers, if the principal aplicant's date of marriage is beofe his or her 485 adjudication of adjustment of status, there are two ways principal applicant file for 485 for his or her spouse. The spouse can travel to US on H4 and file for 485 or the principal applicant can do consular processing. Now consular processing is good for those cases whosw w PD is current but since retrogression can kick in anytime it is better to travel to US on H4 and file for 485.
Another important aspect is if you file 485, EAD, Advance Parole and you use EAD, you loose your H1 status, hence on EAD you can not bring in your wife. So unmarried filersn it goes like thisn you go ahead and fileyour 485, then go to your home country brng in your wife on H4n as you have aleast s months of time if NSC, TSC or CSC 485 processing is not current and it is hown 1 month for receipt of 485, three months of time for getting the finger print notice and you can postpone by another month of FP by rescheduling it to another month. So literally you have 4 to 5 months to get married and by that time the dates will retrogress again. So dont worry, just go ahead file your 485 and start looking to get married. But try to bring in your spouse asap so that you can file for your spouses 485 also till the time PD is current. If you are not able to file for 485 for your spouse and you have filed for yourself and whenthe dates retrogresses again when your spouse comed to US you would not be able to use EAD as using EAD nullifies H1 and H4 status. So desi consulting companies will keep on sucking your blood as you cannot change job using EAD. If you need more info on this let me know I have gone through this and waited for almost three years to file for my spouse I resheduled my FP notice in 2004 to get married by the time my wife came retrogression kicked in and waited till June 2007 to file for my wife. My PD june 2002 still waiting
God, ajmalnasar, you scare me again buddy! :(
Let me ask some questions:
(i) I heard after filing 485 I could change employers? Yes or no? If yes, then which state would I be in? (EAD, AP or none)?
(ii) After filing 485, do I HAVE to get my wife into US before the dates retrogress again?? Whoa never heard that...are you sure? :(
(iii) Is there no step after 485 filing that I can keep postponing to not let 485 approve (like delaying 485 fingerprinting multiple times) so that I can let 485 approve only after I am married and can bring my wife in?
Appreciate your responses!
Thanks!
more...
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rvendra
10-27 11:59 AM
Hello Everybody,
In response to my service request on 9th Sept 2009, my I485 has been transferred to the USCIS Hialeah Florida office for further processing. Normally I -485 cases are forwarded to local offices for the purposes of scheduling an in-person interview. In my case I live in New York and no way connected to FL. I am curious anybody or any of your friend�s have similar experience.
I really appreciate your response.
I 485 EB 2 Priority date Dec 2003
Filed in TSC in August 2007
Thank you,
Raj
In response to my service request on 9th Sept 2009, my I485 has been transferred to the USCIS Hialeah Florida office for further processing. Normally I -485 cases are forwarded to local offices for the purposes of scheduling an in-person interview. In my case I live in New York and no way connected to FL. I am curious anybody or any of your friend�s have similar experience.
I really appreciate your response.
I 485 EB 2 Priority date Dec 2003
Filed in TSC in August 2007
Thank you,
Raj
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getgreensoon1
04-19 09:27 PM
Your comment is proof that even the best education money can buy does not make up for being short on common sense, decency and respect. Perhaps you should attempt another Masters, and shove it where the sun never shines. It's stunning, some of the "educated" prima donnas who make up this community.
Found one more without good education.
Found one more without good education.
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Dalai Lama
02-01 12:30 PM
All Indian owned desi companies are cheaters.
arupkumarsaha
02-01 12:47 PM
I agree with the initial post . But the market condition is such that it is very difficult to get qualified people for ERP/CRM applications so desi consultants get placed through desi companies .
zoooom
09-24 01:04 PM
Take it easy! He vented out his anger for no reason, just forgive him or ignore his ignorance. IV welcomes donations but its for a reason, to maintain such a good portal. May be he dint like this.
Yeah He is just a frustrated guy (and probably drunk) when he was writing this blog :)....
Yeah He is just a frustrated guy (and probably drunk) when he was writing this blog :)....