JunRN
06-06 10:37 AM
Going back to the supplemental AC21 memo:
Imagine an IO who has a very bad mood for the day. Then he receives an AC21 letter for the case he is processing and saw that the i-140 of the person is not yet approved.
And he thought: "Oh....I would raise an RFE for this and see if the previous employer still respond to it".
Do you think this is a plausible scenario?
Imagine an IO who has a very bad mood for the day. Then he receives an AC21 letter for the case he is processing and saw that the i-140 of the person is not yet approved.
And he thought: "Oh....I would raise an RFE for this and see if the previous employer still respond to it".
Do you think this is a plausible scenario?
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venkygct
08-31 02:06 AM
^^^^
reddymjm
01-04 02:41 PM
Does PMP offer any advantages in terms of promotions or getting a new job? Please share your experience.
Yes
Yes
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shana04
02-13 10:14 AM
Shana,
Were you on H1 Extension when you transferrred your H1?.
Thanks,
I was on 5th year
Were you on H1 Extension when you transferrred your H1?.
Thanks,
I was on 5th year
more...
bkarnik
04-10 08:29 PM
Bee:
Thanks for the link to the summary. But therein itself lies the solution. As you can see from the summary, the EAD eligibility in all cases explained above is in cases which does not impact the GC quota. Apparently, people against whom removal process is initiated is eligible to receive an EAD!!! Also, as you mentioned in your post, the CFR is not a law, it is an interpretation of law made by the agencies and the agencies are free to change the applicability, extension, conditions of eligibility for EAD as they seem fit. The reason is because COngress never foresaw these huge wait times when they passed the INA (in fact our FAQs make that pretty clear). I think if a little bit of persuasion is applied by the right people to the right places, we may just make this work. I agree with Raj, maybe we should take this a bit farther and see what develops.
Another compelling reason for doing this is the fact that even if the CIR were to be passed, by the time the agencies develop their regulations we are easily looking at another 2 yrs plus before we see the effects of the CIR.
I guess I am done on this topic. It was just a thought that I felt should be put out there for discussion.
Thanks for the link to the summary. But therein itself lies the solution. As you can see from the summary, the EAD eligibility in all cases explained above is in cases which does not impact the GC quota. Apparently, people against whom removal process is initiated is eligible to receive an EAD!!! Also, as you mentioned in your post, the CFR is not a law, it is an interpretation of law made by the agencies and the agencies are free to change the applicability, extension, conditions of eligibility for EAD as they seem fit. The reason is because COngress never foresaw these huge wait times when they passed the INA (in fact our FAQs make that pretty clear). I think if a little bit of persuasion is applied by the right people to the right places, we may just make this work. I agree with Raj, maybe we should take this a bit farther and see what develops.
Another compelling reason for doing this is the fact that even if the CIR were to be passed, by the time the agencies develop their regulations we are easily looking at another 2 yrs plus before we see the effects of the CIR.
I guess I am done on this topic. It was just a thought that I felt should be put out there for discussion.
desi3933
02-25 09:28 PM
I changed it to clarify. The answer is YES, we have had 100% approvals for CA=MA, but we have done relatively few. This is based on Indian documentation that CA=PGD. However the stronger evidence points to CA=BA. As you can see someone on this board got an approval for our evaluation for a CA=MA with a professor's expert letter. The professor's letters are not cheap but effective.
In India, only UGC (University Grant Commission) is qualified to issue equivalency letters. Professor letter can be supplemental, but it can not be authentic certification, as UGC is only one to issue that.
>> The professor's letters are not cheap but effective.
Care to explain what do you mean by "not cheap"?
Is there any university that have taken CA qualified for PhD programme?
In India, only UGC (University Grant Commission) is qualified to issue equivalency letters. Professor letter can be supplemental, but it can not be authentic certification, as UGC is only one to issue that.
>> The professor's letters are not cheap but effective.
Care to explain what do you mean by "not cheap"?
Is there any university that have taken CA qualified for PhD programme?
more...
kumar1
08-19 09:02 PM
I can give you my example. 10 years in the US and got greened yesterday. Background -
B. Tech. from IIT - 1999. Always believed in hard work and dedication.
2000/2001 - Came to the US
2003 - Filed labor - RIR - EB3
2004 - job loss
2004 - Joined so called fortune 500 company with 15000 + employees and presence in 50 countries. They promised but never filed GC.
2005 - Filed Canada PR.
2005 - Quit and joined Desi company. Started GC process on day-1.
2005- Filed under Perm EB-3 (lawyer screwed). Got approved in 3 months.
2006 - Filed I-140 got approved in 3 weeks.
2007 - July Fiasco and filed I-485. Got AP, EAD. Wife started to work.
2008 - EB-3 sucked so talked to employer to file in EB-2. Desi company did not care as long as I paid for it.
2009 - Filed labor, got approved in 6 months.
2009 - Filed EB2 I-140 and requested to re-capture the PD of first labor.
2009 - I-140 approved, same day saw an LUD on pending I-485. Also, approved I-140 came with A# and EB-3 labor PD.
2009 - Bought a home.
2010 - July, dates became current.
Opened SR, got a response that my case is still in EB3. NSC sucks.
Asked lawyer to send letter to USCIS. He did, nothing happened.
Contacted senator and they opened up a congressional request with USCIS.
Within 2 days, USCIS issued RFE about incomplete medical. It was total BS.
Contacted doctor and got chest X-Ray and replied RFE.
Took several Inforpass appointments.
EAD expired, did everything but could not get renewed on time.
Did not tell anything to HR about expired EAD, both kept mum and kept working.
Had fights at DMV to get DL extended.
Aug-17th, GC got approved.
Is this all worth it? I do not know. Only reason I joined desi company with 2 employees is that desi company was ready to file GC on day-1. I have seen so called Fortune-xx companies. They lied to me.
Overall - I am a happy person. Would continue with Desi employer for some more time.
Now that we have GC, I would like to -
1. Spend more time with family and not worry about LIN-XXXX numbers.
2. Think about doing MBA.
3. Move to a warmer place like CA.
Good Luck. I would suggest - Talk to your employer and explain your situation. You have nothing to lose.
B. Tech. from IIT - 1999. Always believed in hard work and dedication.
2000/2001 - Came to the US
2003 - Filed labor - RIR - EB3
2004 - job loss
2004 - Joined so called fortune 500 company with 15000 + employees and presence in 50 countries. They promised but never filed GC.
2005 - Filed Canada PR.
2005 - Quit and joined Desi company. Started GC process on day-1.
2005- Filed under Perm EB-3 (lawyer screwed). Got approved in 3 months.
2006 - Filed I-140 got approved in 3 weeks.
2007 - July Fiasco and filed I-485. Got AP, EAD. Wife started to work.
2008 - EB-3 sucked so talked to employer to file in EB-2. Desi company did not care as long as I paid for it.
2009 - Filed labor, got approved in 6 months.
2009 - Filed EB2 I-140 and requested to re-capture the PD of first labor.
2009 - I-140 approved, same day saw an LUD on pending I-485. Also, approved I-140 came with A# and EB-3 labor PD.
2009 - Bought a home.
2010 - July, dates became current.
Opened SR, got a response that my case is still in EB3. NSC sucks.
Asked lawyer to send letter to USCIS. He did, nothing happened.
Contacted senator and they opened up a congressional request with USCIS.
Within 2 days, USCIS issued RFE about incomplete medical. It was total BS.
Contacted doctor and got chest X-Ray and replied RFE.
Took several Inforpass appointments.
EAD expired, did everything but could not get renewed on time.
Did not tell anything to HR about expired EAD, both kept mum and kept working.
Had fights at DMV to get DL extended.
Aug-17th, GC got approved.
Is this all worth it? I do not know. Only reason I joined desi company with 2 employees is that desi company was ready to file GC on day-1. I have seen so called Fortune-xx companies. They lied to me.
Overall - I am a happy person. Would continue with Desi employer for some more time.
Now that we have GC, I would like to -
1. Spend more time with family and not worry about LIN-XXXX numbers.
2. Think about doing MBA.
3. Move to a warmer place like CA.
Good Luck. I would suggest - Talk to your employer and explain your situation. You have nothing to lose.
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cellphone
12-13 03:53 PM
5. This employer is a consulting company...(desi) & they asked me to sign a financial agreement to repay their expenses on labor substitution/I-140/I-485...if I will leave them early. ...Is it legal to ask for such kind of agreement...?
Please let me know as much as info/ guidance you can provide to me.
Great thanks in advance for all of your help.
-------------------------------------------[/QUOTE]
I work in a company that has got a decent name in the field I am working in. They recently have introduced a rule stating that I have to stay with the company for a year after GC before I can decide to leave for another company. Otherwise, I'll have to pay back the expenses incurred in the GC process.
I, however, would ask around and talk to someone working in this company u are about to join.
If this works.... you are definitely lucky!!
Please let me know as much as info/ guidance you can provide to me.
Great thanks in advance for all of your help.
-------------------------------------------[/QUOTE]
I work in a company that has got a decent name in the field I am working in. They recently have introduced a rule stating that I have to stay with the company for a year after GC before I can decide to leave for another company. Otherwise, I'll have to pay back the expenses incurred in the GC process.
I, however, would ask around and talk to someone working in this company u are about to join.
If this works.... you are definitely lucky!!
more...
senocular
02-03 07:01 AM
Originally posted by Guig0
now i�m ashaned coz i don�t have any vote at all :(
your reflections were good too! ...I just didnt want to be associated with anything related to spam :!:
:)
now i�m ashaned coz i don�t have any vote at all :(
your reflections were good too! ...I just didnt want to be associated with anything related to spam :!:
:)
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GoneSouth
07-10 09:26 AM
FYI, Jon Stewart had a piece on Lou Dobbs last night on the Daily Show (although I think this was a re run of a show last week).
In Stewart's clip, Dobbs claimed that there were 7000 cases of leprosy in the US in the last 3 years, mostly due to illegal immigrants. Stewart brought it to the audience's attention that this was completely false. In fact, there have been 7000 cases of leprousy in the US in the last *30* years, and no statistics have been kept on whether these were immigrants or us citizens.
Stewart also had a bit where he said "Buchananan ... hmmm, that's Irish, isn't it?" - a reference to the fact that Pat Buchanan, an outspoken xenophobe, is himself the descendent of formerly reviled immigrant group.
Go Jon !
In Stewart's clip, Dobbs claimed that there were 7000 cases of leprosy in the US in the last 3 years, mostly due to illegal immigrants. Stewart brought it to the audience's attention that this was completely false. In fact, there have been 7000 cases of leprousy in the US in the last *30* years, and no statistics have been kept on whether these were immigrants or us citizens.
Stewart also had a bit where he said "Buchananan ... hmmm, that's Irish, isn't it?" - a reference to the fact that Pat Buchanan, an outspoken xenophobe, is himself the descendent of formerly reviled immigrant group.
Go Jon !
more...
ca_immigrant
10-30 08:46 PM
what an unnecessary hassle.....good that all is ok for your case !!
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snathan
02-28 02:18 PM
...It goes without saying that as much as the United States has a duty to protect its citizens it also has a duty to be equally diplomatic toward foreigners and not continue persecuting the one or the other long after any condemning sentence has been exacted and executed.
I have nothing to be sorry for. I�m still paying my dues along with my family and we�re all grateful for the opportunity to redeem ourselves. It�s time we are recognized. I�m struggling with the principal of the matter. I�m not as bad as immigration is trying to make me out to be.
The government is telling my family I am not an adequate person to form a family with in the U.S. because I was deported with a drug-related offence of more than 30 grams of marijuana, yet it is granting the 212(d)(3) Waiver for Non-Immigrant Visas to Aliens deported with a drug-related offence of more than 30 grams of marijuana and who wish to travel to the U.S.. United States Citizens need an Immigrant Visas Waiver available to their Alien Immediate Relatives deported with a drug-related offence of more than 30 grams of Marijuana in order to even the scales on both U.S. citizen and Alien immigration privileges concerning Deported Aliens with a Drug-Related Offence of More than 30 Grams of Marijuana.
The way things are now U.S. citizens without a criminal conviction and with Alien Immediate Relatives are being discriminated against by their own government. The needs of deported Aliens with criminal convictions are being placed before their own.
It�s pure hypocrisy and it�s my family�s and my name being placed on the line.
I mean, really, how great can the U.S. be if it�s willing to lose their citizens to aliens like me when they decide to move outside of the United States to join their Immediate and shunned Alien Relatives? The U.S. government�s violation of my family�s civil human rights to liberty, freedom of expression and equality before the law is unwarranted. My U.S. family�s civil liberties to equal protection under the law, to due process and privacy are being discriminated against, they are not receiving fair treatment.
Whatever the crap it is...This forum and its members can not and will not support you. So please dont waste out time.
I have nothing to be sorry for. I�m still paying my dues along with my family and we�re all grateful for the opportunity to redeem ourselves. It�s time we are recognized. I�m struggling with the principal of the matter. I�m not as bad as immigration is trying to make me out to be.
The government is telling my family I am not an adequate person to form a family with in the U.S. because I was deported with a drug-related offence of more than 30 grams of marijuana, yet it is granting the 212(d)(3) Waiver for Non-Immigrant Visas to Aliens deported with a drug-related offence of more than 30 grams of marijuana and who wish to travel to the U.S.. United States Citizens need an Immigrant Visas Waiver available to their Alien Immediate Relatives deported with a drug-related offence of more than 30 grams of Marijuana in order to even the scales on both U.S. citizen and Alien immigration privileges concerning Deported Aliens with a Drug-Related Offence of More than 30 Grams of Marijuana.
The way things are now U.S. citizens without a criminal conviction and with Alien Immediate Relatives are being discriminated against by their own government. The needs of deported Aliens with criminal convictions are being placed before their own.
It�s pure hypocrisy and it�s my family�s and my name being placed on the line.
I mean, really, how great can the U.S. be if it�s willing to lose their citizens to aliens like me when they decide to move outside of the United States to join their Immediate and shunned Alien Relatives? The U.S. government�s violation of my family�s civil human rights to liberty, freedom of expression and equality before the law is unwarranted. My U.S. family�s civil liberties to equal protection under the law, to due process and privacy are being discriminated against, they are not receiving fair treatment.
Whatever the crap it is...This forum and its members can not and will not support you. So please dont waste out time.
more...
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another one
07-02 04:17 PM
500 for medical
I-485, EAD, Travel Permit for me and my wife
in All about $5000
I-485, EAD, Travel Permit for me and my wife
in All about $5000
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hpandey
11-20 10:18 AM
I am waiting for GC for buying a house myself. I am sure there are many more people who think this way esp in this market.
I am also waiting for a GC to buy a house ... can't buy on a H1 visa with a project that keeps on getting extended every 3-6 months. You need stability for at least a few years to put in a committment for a mortgage that you are going to pay for 30 years.
I am also waiting for a GC to buy a house ... can't buy on a H1 visa with a project that keeps on getting extended every 3-6 months. You need stability for at least a few years to put in a committment for a mortgage that you are going to pay for 30 years.
more...
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joydiptac
06-03 06:55 PM
Voted for 1085.
Now guys will u please also vote for
http://www.opencongress.org/bill/110-h5882/show
i.e. EB Visa recapture.
Now guys will u please also vote for
http://www.opencongress.org/bill/110-h5882/show
i.e. EB Visa recapture.
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satyab7
04-01 09:12 PM
Dear IV Members,
I have sent the both the Faxes (NY Senators, please let me know if I should send it to all)
Initially It was unclear to me if I should send both the faxes or should I pick one, after reading both of them , I could find some differences and sent both the faxes.
I am also trying to reach my friends and other contacts who may not yet be aware of IV and letting them know of your web site and efforts.
Very good efforts !!!!
Thank you.
I have sent the both the Faxes (NY Senators, please let me know if I should send it to all)
Initially It was unclear to me if I should send both the faxes or should I pick one, after reading both of them , I could find some differences and sent both the faxes.
I am also trying to reach my friends and other contacts who may not yet be aware of IV and letting them know of your web site and efforts.
Very good efforts !!!!
Thank you.
more...
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rvr_jcop
02-13 09:01 PM
I saw lud chnage on my 485 on 2/5/09. How long the finger prints are valid?
Is any one's LUD changed recently?
Would you mind updating your profile. The 4 or 5 posts above yours were about LUD's. I am not sure what else you asking for. ??
And, finger prints are usually valid for 15 months, and there is no definite trend as to who is asked for finger prints again and who is not.
Is any one's LUD changed recently?
Would you mind updating your profile. The 4 or 5 posts above yours were about LUD's. I am not sure what else you asking for. ??
And, finger prints are usually valid for 15 months, and there is no definite trend as to who is asked for finger prints again and who is not.
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nandakumar
05-15 01:42 PM
I agree,
There should be support from most congress person for any bill to pass. All IV members should call the local congress person and request them to support the pro legal immigration bills.
Guys, This discussion has no relevance if the bills won't pass. So it is extremely important to call the specific House members.....
Thank You!
There should be support from most congress person for any bill to pass. All IV members should call the local congress person and request them to support the pro legal immigration bills.
Guys, This discussion has no relevance if the bills won't pass. So it is extremely important to call the specific House members.....
Thank You!
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venky08
01-05 11:34 PM
reminds me of a popular hindi maxim:
"Shadi aisa laddoo hai jo khaye wo pacchataaye, jo na khaye wo bhi pacchataaye"
loosely translated in english it means
Marriage is a dessert which if somebody eats it, he will repent and if somebody does not eat it, will repent too...
(thank god my 5th grade english teacher is no more in this world to see this day...he must be rolling in his grave seeing my poor english translation skills:D)
This thread is giving good tips for members who are single...!!!!:)
Reminds me of quote..
"In life learn from others mistakes....U don't get time to make those mistakes.."
"Shadi aisa laddoo hai jo khaye wo pacchataaye, jo na khaye wo bhi pacchataaye"
loosely translated in english it means
Marriage is a dessert which if somebody eats it, he will repent and if somebody does not eat it, will repent too...
(thank god my 5th grade english teacher is no more in this world to see this day...he must be rolling in his grave seeing my poor english translation skills:D)
This thread is giving good tips for members who are single...!!!!:)
Reminds me of quote..
"In life learn from others mistakes....U don't get time to make those mistakes.."
sanju
09-09 08:59 AM
I140 should be approved or approvable at the time of filing. Yates memo is very clear on that- I-140 approval is not required in concurrent filing. Also there is no salary requirements on invoking AC 21. Again, please read Yates Memo.
Kindly see the context of the post and please read the post completely before going ballistic –
I am not talking about the requirements for concurrent filing. Yes, everybody knows that I-140 and I-485 could be filed together, hence the word “concurrent”.
However, approved I-140 is required for invoking AC-21 to change employer after 180 days of 485 receipt.
If you want to change employer without consideration to the salary, be my guest. I am simply trying to relay what I have learnt from discussions with 4 top attorneys in the country. If you have any doubt, speak to an attorney. But you are welcome to do whatever you find is best for you. I have changed employer using AC-21 and simply attempting to provide the information about practical implication/ramifications of AC-21 from my experience and knowing. As always, you are welcome to do whatever you deem fit in your case.
Kindly see the context of the post and please read the post completely before going ballistic –
I am not talking about the requirements for concurrent filing. Yes, everybody knows that I-140 and I-485 could be filed together, hence the word “concurrent”.
However, approved I-140 is required for invoking AC-21 to change employer after 180 days of 485 receipt.
If you want to change employer without consideration to the salary, be my guest. I am simply trying to relay what I have learnt from discussions with 4 top attorneys in the country. If you have any doubt, speak to an attorney. But you are welcome to do whatever you find is best for you. I have changed employer using AC-21 and simply attempting to provide the information about practical implication/ramifications of AC-21 from my experience and knowing. As always, you are welcome to do whatever you deem fit in your case.
bfadlia
02-27 04:53 PM
It's really strange the surge in non-legal issues threads..
If the poster had any genuine hope of getting help she wouldn�t be posting it on a forum for foreigners who obviously have no lobbying power and if we did we will be using it for ourselves first.
Somebody is trying to establish an association between us and drug and other law breaking criminals..
Time to put these red dots to a good use.. Get�er boys :)
If the poster had any genuine hope of getting help she wouldn�t be posting it on a forum for foreigners who obviously have no lobbying power and if we did we will be using it for ourselves first.
Somebody is trying to establish an association between us and drug and other law breaking criminals..
Time to put these red dots to a good use.. Get�er boys :)