Ramba
10-21 04:07 PM
How can USCIS can judge the legitimacy of the intent of the applicant - it can be very subjective and depend a lot on the way visa officer interprets. For example how long after six months is considered a "long wait"?
There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.
It is tricky. The intent can be proved only by how long the employee has worked for sponsor. If he/she worked considerable period (lets say for 2-3 years in non-immigrant visa (H.L,E) before filing 485 and worked for about 1 year after filing 485) then, it is very easy for the employee to prove his/her intent to have a permanent employment relationship with sponser, if employer try to revoke 140 based on the fact that employee does not have intent. The longivity of the employment relationship with sponser is a great proof. Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.
One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.
Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.
It is tricky. The intent can be proved only by how long the employee has worked for sponsor. If he/she worked considerable period (lets say for 2-3 years in non-immigrant visa (H.L,E) before filing 485 and worked for about 1 year after filing 485) then, it is very easy for the employee to prove his/her intent to have a permanent employment relationship with sponser, if employer try to revoke 140 based on the fact that employee does not have intent. The longivity of the employment relationship with sponser is a great proof. Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.
One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.
Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
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pune_guy
03-17 09:14 PM
Guys,
The H1B holder is ELIGIBLE for the stimulus package since he/she has SSN. He won't be able to claim the benefit for spouse if the spouse does not have SSN.
So just because spouse does not have SSN does not mean that the H1B holder becomes ineligible to receive the benefit. H1B will get $600 for himself/herself as long as he/she has filed IT returns.
Thanks
The H1B holder is ELIGIBLE for the stimulus package since he/she has SSN. He won't be able to claim the benefit for spouse if the spouse does not have SSN.
So just because spouse does not have SSN does not mean that the H1B holder becomes ineligible to receive the benefit. H1B will get $600 for himself/herself as long as he/she has filed IT returns.
Thanks
Green.Tech
05-27 02:49 PM
No contributions at all!
Come on folks, contribute!!!
Come on folks, contribute!!!
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ashutrip
06-21 11:53 AM
process, thanks to Cohen & Grisby PERM presentation at the recent AILA conference.
So, things might slow down for PERMs due to this. Of course it will. See my posts about C & G elsewhere.
thats more bad news
So, things might slow down for PERMs due to this. Of course it will. See my posts about C & G elsewhere.
thats more bad news
more...
lazycis
11-24 04:48 PM
it does say that H1B ext beyond 6 years can not be granted if there is not underlying pending process for GC (LC, 140 or 485).
However it does not talk about 'what happens if an ext is already granted'? so it still remains gray area. did I understand correctly?
If extension has already been granted, it remains valid until it's expired, revoked by USCIS, revoked by employer or employer goes out of business. However, H1B status is technically lost (similary to the situation when h1b holder leaves the petitioner but petitioner never revokes h1). Even if USCIS does not revoke the extension, it will be investigated during new I-485 processing/H1 transfer or extension.
However it does not talk about 'what happens if an ext is already granted'? so it still remains gray area. did I understand correctly?
If extension has already been granted, it remains valid until it's expired, revoked by USCIS, revoked by employer or employer goes out of business. However, H1B status is technically lost (similary to the situation when h1b holder leaves the petitioner but petitioner never revokes h1). Even if USCIS does not revoke the extension, it will be investigated during new I-485 processing/H1 transfer or extension.
amitjoey
07-18 04:20 PM
I know many of friends who use IV as recourse for NEWS but they don't register nor contribute. Even after multiple reminders and sarcastic comments they don't. I feel pity for them, they don't understand by registering and contributing they help them self and others. Shouldn�t we make IV a monthly subscription web site? That way we will have only serious members.
I wish we make it only for contributing members.
I wish we make it only for contributing members.
more...
GC08
06-02 02:57 PM
Who knows what is going to happen? Look at the mess we have now... who can tell that they are not going to create more mess this time ... esp. for those who stay in the line and wait, wait, wait ... forever!
I have to agree with what someone on this forum said before... being legal, being patient and being nice does not pay. :(
Look at the whole immigration debate, all the amendments proposed and all the special interests group... where were we put? Those stuck in the backlogs were never paid attention to.
Sorry for being pessimistic and negative... but if history provides any indication of the future, it definitely has clearly shows the imcompetence of all the government agencies involved (at best)... at worst, it is a total scam/conspiracy... be it government agencies (have you heard fee increases, wasted visa #s, forever renewals?), employers (have you heard blood-sucking employers), and even some lawyers.
Don't know about you. But I have lost confidence about the whole green card thing. :(
I have to agree with what someone on this forum said before... being legal, being patient and being nice does not pay. :(
Look at the whole immigration debate, all the amendments proposed and all the special interests group... where were we put? Those stuck in the backlogs were never paid attention to.
Sorry for being pessimistic and negative... but if history provides any indication of the future, it definitely has clearly shows the imcompetence of all the government agencies involved (at best)... at worst, it is a total scam/conspiracy... be it government agencies (have you heard fee increases, wasted visa #s, forever renewals?), employers (have you heard blood-sucking employers), and even some lawyers.
Don't know about you. But I have lost confidence about the whole green card thing. :(
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Green.Tech
06-05 10:55 PM
Amount: $50.00 USD
Transaction ID: *1701P
Please come forward and contribute guys!
Transaction ID: *1701P
Please come forward and contribute guys!
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snathan
08-23 03:16 PM
My friend, "USA point of view is multinational executives can potentially create jobs", but the reality is the other way round. They are here to to make the transition happen from Onshore to Offshore. I have complete knowledge on how this EB1 thing works , as I was one of them once upon a time before taking up my current job.
I'll stop and leave it here....
I second this.
I'll stop and leave it here....
I second this.
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nixstor
07-06 10:53 AM
we are not talking anything new nixstor, there are people already waiting for years to get name check done......dont think if you pretend like nothing is happened will get a GC within a year....even though we might still stuck for years in the name of name check
May be you are right. I am pretending like nothing has happened. But Those folks who are adding spin to the issue on security checks, are you focusing in any way on the root cause of the problem. My point is, If you bring security on, every thing else is shelved until security is fixed. If its already there, let it be there. Let AILA figure out in the law suit how they approved. Let Rep Lofgren do it. Why should we stir up the hornet's nest on digg and open doors to anti guys to tighten security checks on us. Its like we are going out there and saying that "yes, My buddy got GC in 6 months. The security system is not working. Please fix it " What will be the result?
May be you are right. I am pretending like nothing has happened. But Those folks who are adding spin to the issue on security checks, are you focusing in any way on the root cause of the problem. My point is, If you bring security on, every thing else is shelved until security is fixed. If its already there, let it be there. Let AILA figure out in the law suit how they approved. Let Rep Lofgren do it. Why should we stir up the hornet's nest on digg and open doors to anti guys to tighten security checks on us. Its like we are going out there and saying that "yes, My buddy got GC in 6 months. The security system is not working. Please fix it " What will be the result?
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northstar
09-11 10:44 PM
Contributed $200 just now through Google
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khukubindu
01-03 12:32 PM
Has anyone have any idea about this ?
more...
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eb3_nepa
07-11 10:56 AM
I am EB3-India with PD of August 2003. I am anticipating at least another 2 years. Any forward movement in any category is good news to me.
Yeah I am EB3 India June 2003 too. Not sure when our turn will come, IF at all the way things are crawling here. Sometimes I really feel there is no justice to some of the IV members on here. I wonder which is worse, the corruption in India or the bureaucracy in the USA. Atleast in India, if I would have bribed the official, I would have had the documents by now.
Yeah I am EB3 India June 2003 too. Not sure when our turn will come, IF at all the way things are crawling here. Sometimes I really feel there is no justice to some of the IV members on here. I wonder which is worse, the corruption in India or the bureaucracy in the USA. Atleast in India, if I would have bribed the official, I would have had the documents by now.
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ramus
07-05 03:48 PM
Please put more details as you call.
Cantwell office is responding. They are talked to me and actually taking care of personal cases and majority casses. Phone number: (202) 224-3441.
They transfered me to a voice mail that Olia black where she care of these issues.
Call people.
Cantwell office is responding. They are talked to me and actually taking care of personal cases and majority casses. Phone number: (202) 224-3441.
They transfered me to a voice mail that Olia black where she care of these issues.
Call people.
more...
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pointlesswait
06-18 11:04 AM
contributed 50 today+enrolled for monthly too..
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mw_immi
01-07 01:43 PM
I have pending 485, used Bank of America for my home loan. No problems whatsoever. And, I know loads of people who have bought homes while on H1B or pending 140/485. I believe 2009-2011 will probably be the best time to buy a home. If you can afford it and if you have job security, then you must buy one (rent it if you dont want to live). The aprs available currently is unbelievable (of course, good credit history and the amount you put down will decide mainly).
Did you have unexpired H1B / I-94? In my case I am on EAD / pending I-485 / AOS (expired H1 / I-94) & BOA didn't approve.
Do you know any one who didn't have H1B / I-94 but got loan from BOA based on AOS?
Did you have unexpired H1B / I-94? In my case I am on EAD / pending I-485 / AOS (expired H1 / I-94) & BOA didn't approve.
Do you know any one who didn't have H1B / I-94 but got loan from BOA based on AOS?
more...
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fightforit
04-30 03:06 PM
I faced a similar response when I called Senator Scott Brown's office. His staff member categorically stated that he is against amnesty, but is 'sympathetic' to the cause of legal immigrants. I explained that as members of IV, we are working towards legal immigration reform since the process is stagnant (without trying to diss illegal immigrants). Its an awkward situation trying to separate the two...but I think we really need to.
However, my greatest fear is that even though legal immigration reform may garner bi-partisan support, who in Congress will take it up on its own if CIR gets shot down?? Legal immigrants are in much smaller numbers than illegal ones..and will anybody take up our cause without the other?
However, my greatest fear is that even though legal immigration reform may garner bi-partisan support, who in Congress will take it up on its own if CIR gets shot down?? Legal immigrants are in much smaller numbers than illegal ones..and will anybody take up our cause without the other?
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django.stone
03-05 11:51 AM
My case does not have a LUD.
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amitjoey
07-18 05:17 PM
Hi guys,
I am sure every company would have their own 'stuck in gc process' alias.
Please start an IV fund drive, so that you can do this on a company basis.
Theres one going on in mine..and guess what..20 contributions in a couple of hours.
Thanks jk333. That is just awesome.
I am sure every company would have their own 'stuck in gc process' alias.
Please start an IV fund drive, so that you can do this on a company basis.
Theres one going on in mine..and guess what..20 contributions in a couple of hours.
Thanks jk333. That is just awesome.
GCwaitforever
06-20 02:44 PM
One of my friends received labor approval from Philly. His priority is October 2003, EB3, Non-RIR. Of course, my PD is from November 2001 and one other guy's is from August 2002. They were not processed, but my friend got a break from the drab BEC. Strange things happen in life. :)
karan007
09-14 09:30 PM
it is
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