nk2006
03-04 03:10 PM
..........
You mention your wife showed them a copy of rules pertaining to AC21. Can you post a link or post them here.
My lawyer never advised me to carry any such documents.
.
As you may know, AC21 is not exactly a rule but is a guideline to the adjudicators in the form of some memos. As far as I know there are at least two or three memos addressing various issues concerning AC21. These are: William Yates Memo Dated August 04, 2003 and Michael Aytes Memo Dated December 27, 2005. You might get them by googling for those (could be in some threads or blogs on IV itself). In addition to these we also had all the documents that we sent to the USCIS as well (AC21 letter, copies of I140, old job and new job description). Yes its kind of too many documents to carry (and some might see that as a over cautious) - but after the last episode we are inclined to carry them along every time we go out of the country.
You mention your wife showed them a copy of rules pertaining to AC21. Can you post a link or post them here.
My lawyer never advised me to carry any such documents.
.
As you may know, AC21 is not exactly a rule but is a guideline to the adjudicators in the form of some memos. As far as I know there are at least two or three memos addressing various issues concerning AC21. These are: William Yates Memo Dated August 04, 2003 and Michael Aytes Memo Dated December 27, 2005. You might get them by googling for those (could be in some threads or blogs on IV itself). In addition to these we also had all the documents that we sent to the USCIS as well (AC21 letter, copies of I140, old job and new job description). Yes its kind of too many documents to carry (and some might see that as a over cautious) - but after the last episode we are inclined to carry them along every time we go out of the country.
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meridiani.planum
08-26 02:36 PM
65 pending cases for 2004 here. Even if we multiply by 10 - 650 cases?. Fair deal?
I have also been wondering how to extrapolate this to total numbers. Its probably a good reprsentation of spread. (ie. 1% is 2003 and earlier, 20% are in 2004). but actual numbers???
if you choose to multiply 2004 by 10, we should also multiply the total votes (300) and assume that wehave only 3000 pending485 applications... that does not seem right. More like x75 or x100 based on whatever we have been hearing...
Note that in some cases this is just one person who responded to the poll in a family of 2 or 3. Their PDs are the same (most probably) but the count of cases would need to be adjusted.
I have also been wondering how to extrapolate this to total numbers. Its probably a good reprsentation of spread. (ie. 1% is 2003 and earlier, 20% are in 2004). but actual numbers???
if you choose to multiply 2004 by 10, we should also multiply the total votes (300) and assume that wehave only 3000 pending485 applications... that does not seem right. More like x75 or x100 based on whatever we have been hearing...
Note that in some cases this is just one person who responded to the poll in a family of 2 or 3. Their PDs are the same (most probably) but the count of cases would need to be adjusted.
gdhiren
07-06 02:30 PM
Just a hypothetical question, if AILF withdrew from a lawsuit, then waht?
Dude, have faith. Think about the mass involved here, with a small contributin from everyone or even without there are many law firms which would be interested in filing lawsuits on our behalf.
Dude, have faith. Think about the mass involved here, with a small contributin from everyone or even without there are many law firms which would be interested in filing lawsuits on our behalf.
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akv123
07-14 07:22 AM
Should IV be worried for credit on 'Gandhigiri'? Stop fighting with other groups -- stay focused on the main issue - July VB reversal.
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ranch99
08-10 11:11 PM
Is this some sorta privileged information that was leaked to this one law firm? Wouldnt it be illegal in some way?
needhelp!
10-05 12:32 PM
done.
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dilbert_cal
04-06 05:25 PM
I do appreciate your detailed reply - especially on these forums where civilized discussion is a thing of the past.
My apologies for nitpicking on the DONOR definition and Congratulations on the new management philosophy you are going with. I hope you succeed in your endeavour.
Still I've some open issues. If you look at the poll, there isnt a single person who voted NO. We should expect to see a healthy mix of Yes,No and Dont Care. But the way the poll has been put and partly the wording, partly the current IV environment, people are sceptical of putting their real thoughts publicly. This excercise is futile if you have minimal 'NO's --- hope you are getting my point here. The only thing you might end up with is x number of YES and hope to translate the YES into more dollar value for IV and there will be some YES who are already contributing monetarily.
You are right in saying that we need to increase dollar contributions but tying it to frequent updates is not a practical thing. There are reasons IV Core cannot share their strategical plans with the masses and this is true in most places. By saying donate more and get more updates, we are setting us up for failures esp. if we expect 'real' updates. Even in an ideal situation, you will not have real changes every week and certainly not regularly.
And once again thanks for the healthy discussion.
All those who have voted - thanks for your response so far and agree with the sentiments expressed. For those who have not voted yet, please take the time to log in and vote - YOUR OPINION COUNTS!
...
All I am really advocating is more transparency ...which should lead to more involvement as well. Thanks for your time.
My apologies for nitpicking on the DONOR definition and Congratulations on the new management philosophy you are going with. I hope you succeed in your endeavour.
Still I've some open issues. If you look at the poll, there isnt a single person who voted NO. We should expect to see a healthy mix of Yes,No and Dont Care. But the way the poll has been put and partly the wording, partly the current IV environment, people are sceptical of putting their real thoughts publicly. This excercise is futile if you have minimal 'NO's --- hope you are getting my point here. The only thing you might end up with is x number of YES and hope to translate the YES into more dollar value for IV and there will be some YES who are already contributing monetarily.
You are right in saying that we need to increase dollar contributions but tying it to frequent updates is not a practical thing. There are reasons IV Core cannot share their strategical plans with the masses and this is true in most places. By saying donate more and get more updates, we are setting us up for failures esp. if we expect 'real' updates. Even in an ideal situation, you will not have real changes every week and certainly not regularly.
And once again thanks for the healthy discussion.
All those who have voted - thanks for your response so far and agree with the sentiments expressed. For those who have not voted yet, please take the time to log in and vote - YOUR OPINION COUNTS!
...
All I am really advocating is more transparency ...which should lead to more involvement as well. Thanks for your time.
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chanduv23
02-23 01:20 PM
Scenario1:
If you are on H1 in your 6th year with EAD (not used) then after 6th year will be applicant be on EAD or does he has to fill I-9 with employer
Based on how HR departments handle i9 forms, in most companies, they may not know when your h1b or EAD is expiring - some HRs may have calender triggers and request for updated EADs or h1b extensions. Usually you need to show the EAD or H1b extension with updated i 94 and they take a copy and place it in your file so that if there is an audit, they will produce the documents.
So it is your duty to inform your HR department that you wish to work using EAD after 6th year so that they update the i 9 form
Scenario2:
If you are on H1 in your at the end of 6th year with EAD (not used) then before the end of 6th year an applicant loosed job. then from that point will he be automatically be on EAD or does he has to do some thing to file till he gets a job (because once he find a job and he might apply for new h1 or join with EAD and he can file I-9)
Basically, if your 485 is pending for more than 180 days and you lose job, then technically you can start using EAD and move on using AC21. You can even get a h1b transfer as your 140 is pending or approved.
EAD is not a status and one does not fall int EAD status - if you lost job on h1b and satisfy AC21 criteria then you are in pending AOS state and use EAD to work.
If you are on H1 in your 6th year with EAD (not used) then after 6th year will be applicant be on EAD or does he has to fill I-9 with employer
Based on how HR departments handle i9 forms, in most companies, they may not know when your h1b or EAD is expiring - some HRs may have calender triggers and request for updated EADs or h1b extensions. Usually you need to show the EAD or H1b extension with updated i 94 and they take a copy and place it in your file so that if there is an audit, they will produce the documents.
So it is your duty to inform your HR department that you wish to work using EAD after 6th year so that they update the i 9 form
Scenario2:
If you are on H1 in your at the end of 6th year with EAD (not used) then before the end of 6th year an applicant loosed job. then from that point will he be automatically be on EAD or does he has to do some thing to file till he gets a job (because once he find a job and he might apply for new h1 or join with EAD and he can file I-9)
Basically, if your 485 is pending for more than 180 days and you lose job, then technically you can start using EAD and move on using AC21. You can even get a h1b transfer as your 140 is pending or approved.
EAD is not a status and one does not fall int EAD status - if you lost job on h1b and satisfy AC21 criteria then you are in pending AOS state and use EAD to work.
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vik_tx
05-16 11:56 AM
now ..confirmed with two immigration attorneys.. this ruling goes into effect tomorrow.. they are all scrambling to file i140s on the last day!(today)
------------
Ok. This comes from a very reliable source.. but need some clarification from the experts out here...
1) No LC Substitutions
2) If one hasn't filed the I-140 within 45 days of receiving the approved labor certification, then he/she is SOL. This rule goes into effect tomorrow 5/18 and this may be applied retro-actively...i.e. If you have received an approved labor certification in the past 45 days and not filed yet.. you may have to re-file labor, as your approval is invalid!..
any ideas?
text from the ammendment-
In order to protect the integrity of the permanent labor certification
program, deter fraud, and comply with the Department's statutory obligation
to protect the wages and working conditions of U.S. workers, the Department
has determined a number of amendments are appropriate. The first amendment
would prohibit the substitution of alien beneficiaries on pending
applications for permanent labor certification and on approved permanent
labor certifications not yet filed with DHS. This amendment could, at least
to some degree, affect DHS's current practice of allowing U.S. employers to
substitute an alien through the filing of a new Form I-140 petition,
supported by a labor certification in the name of the original beneficiary.
The second amendment would require a permanent labor certification be filed
with DHS within 45 calendar days of the date it is certified by DOL. The
third amendment would prohibit the sale, barter, and purchase of
applications and approved labor certifications, as well as other related
payments. Finally, the Department is proposing enforcement mechanisms,
including debarment with appeal rights, to protect the integrity of the
permanent labor certification program and deter individuals or entities from
engaging in prohibited transactions or abusing the labor certification
process. The Department invites public comment regarding all aspects of each
of these proposed changes.
------------
Ok. This comes from a very reliable source.. but need some clarification from the experts out here...
1) No LC Substitutions
2) If one hasn't filed the I-140 within 45 days of receiving the approved labor certification, then he/she is SOL. This rule goes into effect tomorrow 5/18 and this may be applied retro-actively...i.e. If you have received an approved labor certification in the past 45 days and not filed yet.. you may have to re-file labor, as your approval is invalid!..
any ideas?
text from the ammendment-
In order to protect the integrity of the permanent labor certification
program, deter fraud, and comply with the Department's statutory obligation
to protect the wages and working conditions of U.S. workers, the Department
has determined a number of amendments are appropriate. The first amendment
would prohibit the substitution of alien beneficiaries on pending
applications for permanent labor certification and on approved permanent
labor certifications not yet filed with DHS. This amendment could, at least
to some degree, affect DHS's current practice of allowing U.S. employers to
substitute an alien through the filing of a new Form I-140 petition,
supported by a labor certification in the name of the original beneficiary.
The second amendment would require a permanent labor certification be filed
with DHS within 45 calendar days of the date it is certified by DOL. The
third amendment would prohibit the sale, barter, and purchase of
applications and approved labor certifications, as well as other related
payments. Finally, the Department is proposing enforcement mechanisms,
including debarment with appeal rights, to protect the integrity of the
permanent labor certification program and deter individuals or entities from
engaging in prohibited transactions or abusing the labor certification
process. The Department invites public comment regarding all aspects of each
of these proposed changes.
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bugsbunny
04-21 01:57 PM
That's not correct. Such frequent reentry after exit will certainly lead to suspicion by an Immigration office at PoE. In fact the intent of 10 year visitor visa is not 10 years of permanent residence. If there is no convincing reason for such frequent reentry you are mostly likely looking at serious interrogation or deportation at the airport. There is no substitute for a GC for your parents if you want them to be with you permanently in the US. Visitor visa has a specific purpose and intent, abusing it could put your folks serious trouble. The other issue with such long term stay on Visitor Visa is - medical insurance - unfortunately there is no good, reliable and comprehensive medical insurance that covers elderly visitors on short trip.
Health insurance is not an issue these days as there are several indian firms covering it for foreign travel
Health insurance is not an issue these days as there are several indian firms covering it for foreign travel
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coolrajm
11-06 03:18 PM
My friend sent me through wire transfer. I think bank was HDFC.
He had't get RBI clearance or anything and he sent under maintenance category or something like not sure.
It was done in 2005 not sure rules are changed lately.
Hope this helps
He had't get RBI clearance or anything and he sent under maintenance category or something like not sure.
It was done in 2005 not sure rules are changed lately.
Hope this helps
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pappu
01-22 11:12 AM
I felt there were too many fields to fill in. It might help if we can take out some fields. Like RFE etc.
in the current system it is not mandatory to fill out all the fields. if you want to leave out RFE, you can do so.
We felt that some people want to track RFEs and see how it affects the overall progress of the case. Even though we do not have such calculation, I think it would be worthwhile to have an analysis done on that. It would help people know when an RFE is generated how far their case is pushed back. RFE information will also help people in the same boat and they can make such people as buddies and monitor each others cases and contact each other to figure out what is going on or how the RFE was replied.
in the current system it is not mandatory to fill out all the fields. if you want to leave out RFE, you can do so.
We felt that some people want to track RFEs and see how it affects the overall progress of the case. Even though we do not have such calculation, I think it would be worthwhile to have an analysis done on that. It would help people know when an RFE is generated how far their case is pushed back. RFE information will also help people in the same boat and they can make such people as buddies and monitor each others cases and contact each other to figure out what is going on or how the RFE was replied.
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manand24
07-19 09:53 AM
EB2/FEDEX delivered on 02-Jul-07 @7:55AM
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Tonyy
05-14 10:27 AM
I also want to ask this question. If i want to appeal after 2 years then is that possible?
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swarnapuri
06-13 03:14 PM
PAGE 8 :
E. Untimely Processing and Systemic Problems with Employment-Based Green Card Applications – USCIS’ inability to process enough green card applications and accurately track employment-based green card applications has resulted in a perpetual backlog of employment-based green card applications and widespread issuance of interim benefits. This lack of accurate data also has resulted in the underutilization of statutorily limited visa numbers.
E. Untimely Processing and Systemic Problems with Employment-Based Green Card Applications – USCIS’ inability to process enough green card applications and accurately track employment-based green card applications has resulted in a perpetual backlog of employment-based green card applications and widespread issuance of interim benefits. This lack of accurate data also has resulted in the underutilization of statutorily limited visa numbers.
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vinodp1978
06-28 01:11 PM
does this mean that i cannot get a 3 yr extension based on approved I-140 pp? My labor is not pending for 365 days and so I am solely depending on I-140 approval for a 3 yr extension. I am filing i-140 and i-485 concurrently before July 5...will this give me an EAD option even if 140 takes longer to get approved?
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kshitijnt
05-14 07:06 PM
What do you mean by upgrade to premium? I dont think you can change the option by simply upgrading. You need to file I-864 to change to consular processing.
There are a few options:
1. If you have chosen consular processing, ( I am guessing you have not), you can file I-485 and amended I-140 at any time PD becomes current.
2. If you chose AOS on I-140 and the I-140 is approved, some consulates accept attorney certified I-140 provided you pay the fees usually payable to NVC. Expect 3 months of delay in getting an appointment though.
Pros & Cons:
Consular:
You get your GC as against EADs endless loop.
You have to be with the same employer for atleast 180 days since the time you get your GC and you enter US using your GC.
AOS:
You and your spouse both get EAD. NO need to travel to foreign country.
You need to wait 180 days from filing 485 to change jobs (assuming 140 is approved, if not the case is more complicated).
More time consuming and longer duration.
The lawyers here will vouch for I-485 as it means more revenue for them. If you have a stable job where you are doing good and you are counting to get a promotion, etc go for consular processing instead of getting stuck with 485 process.
Can someone please advice pros and cons, keeping in mind the forward movement of priority dates could be just for the month of June!
My 140 is still pending in NSC I have the option to quicky upgrade that to premium and then go for CP, what would be the course of action?
Also what are the wait times for CP in Mumbai India?
Thanks!
May we all get outa this mess :cool: and move on with life!
There are a few options:
1. If you have chosen consular processing, ( I am guessing you have not), you can file I-485 and amended I-140 at any time PD becomes current.
2. If you chose AOS on I-140 and the I-140 is approved, some consulates accept attorney certified I-140 provided you pay the fees usually payable to NVC. Expect 3 months of delay in getting an appointment though.
Pros & Cons:
Consular:
You get your GC as against EADs endless loop.
You have to be with the same employer for atleast 180 days since the time you get your GC and you enter US using your GC.
AOS:
You and your spouse both get EAD. NO need to travel to foreign country.
You need to wait 180 days from filing 485 to change jobs (assuming 140 is approved, if not the case is more complicated).
More time consuming and longer duration.
The lawyers here will vouch for I-485 as it means more revenue for them. If you have a stable job where you are doing good and you are counting to get a promotion, etc go for consular processing instead of getting stuck with 485 process.
Can someone please advice pros and cons, keeping in mind the forward movement of priority dates could be just for the month of June!
My 140 is still pending in NSC I have the option to quicky upgrade that to premium and then go for CP, what would be the course of action?
Also what are the wait times for CP in Mumbai India?
Thanks!
May we all get outa this mess :cool: and move on with life!
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walking_dude
08-14 10:58 AM
EADs include special security measures to prevent counterfeiting and forgery. Only certain centers have the machinery needed to produce these cards. Since EADs are used as REAL ID for travel and DL etc., USCIS decided to stop issuing Interim EADs at Field Offices.
So despite what USCIS memo says I am concerned that Interim EADs are unlikely to be issued (this point in the memo might be an oversight by the officer who issued it). AFAIK Field Offices can only make a request to expedite the case. I would like to know if anyone has got Interim EAD recently. If so let us know!
You can find your Senators/Congressmen here
Senate - http://www.senate.gov/general/contact_information/senators_cfm.cfm ( Choose your State in the dropdown)
Representative - http://www.house.gov/htbin/zipfind. Full ZIP Code + 4 may be needed to find the Rep. You can get your Zip Code + 4 here - http://zip4.usps.com/zip4/welcome.jsp
So despite what USCIS memo says I am concerned that Interim EADs are unlikely to be issued (this point in the memo might be an oversight by the officer who issued it). AFAIK Field Offices can only make a request to expedite the case. I would like to know if anyone has got Interim EAD recently. If so let us know!
You can find your Senators/Congressmen here
Senate - http://www.senate.gov/general/contact_information/senators_cfm.cfm ( Choose your State in the dropdown)
Representative - http://www.house.gov/htbin/zipfind. Full ZIP Code + 4 may be needed to find the Rep. You can get your Zip Code + 4 here - http://zip4.usps.com/zip4/welcome.jsp
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cygent
07-17 08:12 PM
Of course, My bad! They were the next 2 on my list, I have already printed out the letter and am filling it in right now! I have already sent letters to them in a previous campaign.
Thanks again for your due diligence!!
Thanks again for your due diligence!!
H1B-GC
10-02 12:02 PM
Do we really need to pay NRI Fees in Schools or colleges with PIO card? I thought otherwise. This does apply to an OCI card holder as well?
tooclose
08-11 10:30 AM
Thanks nrk. I am keeping my fingers crossed. I was current for two months in 2008 but did not get. So hoping for the best this time but again I would not be surprised if I don't get it, especially looking at USCIS/DOS works.
I was current in 2008 and then got RFE for me and for my spouse in 2008. We provided the evidence then. The status changed from RFE to RFE Review on Aug-1-2010.
I was current in 2008 and then got RFE for me and for my spouse in 2008. We provided the evidence then. The status changed from RFE to RFE Review on Aug-1-2010.
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