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.
vandanaverdia
09-13 07:16 PM
milind123...
U r doing a great job... I am sure we will have many first time contributors get inspired by your fabulous initiative!
GO IV!!!
U r doing a great job... I am sure we will have many first time contributors get inspired by your fabulous initiative!
GO IV!!!
RN_Usa
08-02 10:27 AM
guys,
any updates on the bridge bill for schedule A Nurses.
Heard that it is proposed and not passed till today. Any future predictions. The healthcare shortage is critical.
any updates on the bridge bill for schedule A Nurses.
Heard that it is proposed and not passed till today. Any future predictions. The healthcare shortage is critical.
rongha_2000
04-30 03:57 PM
They are done with the hearing?? WTF???? Have they got any fruitful information out of it? I feel so deceived..!! I think its all a farse..
Damn u USCIS and Damn u congress who hold our cause hostage to those illegal immigrants.
Jeez, they are done. I am freaking dumbstruck for the sheer lack of substance in the discussion. Gosh, what a waste of tax-payers money!!
Damn u USCIS and Damn u congress who hold our cause hostage to those illegal immigrants.
Jeez, they are done. I am freaking dumbstruck for the sheer lack of substance in the discussion. Gosh, what a waste of tax-payers money!!
more...
orangutan
08-17 04:40 PM
GC Life screwed me badly, couldn't file in EB2 2 times even though eligible because of a couple of idiots, only action item I can think for myself is re file in EB-2 which I am doing it very soon and have an appointment wirh Mr.Khanna tomorrow.
seahawks
07-06 02:34 AM
let me ask you this. did anyone from "leadership" call/email/contact you when you were inactive/busy with your life. if the leaders did not call/email you, how will you know if your help is needed. i don't see how its u'r fault
yep, they did, they called email me and asked me to contact other people and organize in a state chapter level. They are also helping on getting other people to help me mobilize members from a state chapter level. The point is the sense of urgency on how we need to move forward together. There is absolutely no room for confusion and I agree when people dont see results, there is always suspicion. But to build an organization from scratch is no easy task, we must recognize that and be respectful of people who do put their time and efforts to make things happen. We all must channelize our energy to making this successful. Everyone has their opinions and I respect that, but I am more interested on hearing solutions if you see there is no progress. Simply asking for change but knowing what change means to all of us will have no takers!
yep, they did, they called email me and asked me to contact other people and organize in a state chapter level. They are also helping on getting other people to help me mobilize members from a state chapter level. The point is the sense of urgency on how we need to move forward together. There is absolutely no room for confusion and I agree when people dont see results, there is always suspicion. But to build an organization from scratch is no easy task, we must recognize that and be respectful of people who do put their time and efforts to make things happen. We all must channelize our energy to making this successful. Everyone has their opinions and I respect that, but I am more interested on hearing solutions if you see there is no progress. Simply asking for change but knowing what change means to all of us will have no takers!
more...
Pineapple
01-06 04:58 PM
The video is obviously edited, so it is hard to put some of the statements into context without access to the entire transcript. (In any case, we cannot see what charts he is referring to)
Anyway: Regarding the point that it is relatively easy to find skilled people here than in India, I tend to agree. However, the reason is that the most skilled graduates from India (and China) do not stick around for long there, and are actually to be found here! Without checking the raw data it is impossible to comment on Mr Wadhwa's assertion regarding ease of filling positions in US vs India/China. (For instance, does his data on US companies include positions (in US) filled by immigrants or does it include only positions filled by US born citizens?)
Getting to where he is amazed that R&D is done in India & China, I'm not sure why that is surprising, and indeed, why should it even contradict his assertion that the vast majority of Indian/Chinese graduates are appalling. I'm not commenting on whether that assertion is true or not. I do not know, but, even granting it is true, it is important to remember that a minority of a large population might be as big, or bigger than the majority of a small population. (Remember, you have to exclude all foreign students from US universities and only include US born citizens in the population of American engineers. Why? Because all foreign students would need H1 to work here, just the same as a student in a Indian/Chinese university. To avoid 'double counting' basically) So how do we compare apples to apples? How do we compare "number of good engineers in US" vs "number of good engineers in China/India"? It is very hard to do that via a survey, if not impossible. The best survey is observing the "invisible hand" of the market: If good research is done in India/China, while simultaneously, immigrants from there have a had a huge role to play in Silicon Valley's success, that tells you something, does it not?
Anyway: Regarding the point that it is relatively easy to find skilled people here than in India, I tend to agree. However, the reason is that the most skilled graduates from India (and China) do not stick around for long there, and are actually to be found here! Without checking the raw data it is impossible to comment on Mr Wadhwa's assertion regarding ease of filling positions in US vs India/China. (For instance, does his data on US companies include positions (in US) filled by immigrants or does it include only positions filled by US born citizens?)
Getting to where he is amazed that R&D is done in India & China, I'm not sure why that is surprising, and indeed, why should it even contradict his assertion that the vast majority of Indian/Chinese graduates are appalling. I'm not commenting on whether that assertion is true or not. I do not know, but, even granting it is true, it is important to remember that a minority of a large population might be as big, or bigger than the majority of a small population. (Remember, you have to exclude all foreign students from US universities and only include US born citizens in the population of American engineers. Why? Because all foreign students would need H1 to work here, just the same as a student in a Indian/Chinese university. To avoid 'double counting' basically) So how do we compare apples to apples? How do we compare "number of good engineers in US" vs "number of good engineers in China/India"? It is very hard to do that via a survey, if not impossible. The best survey is observing the "invisible hand" of the market: If good research is done in India/China, while simultaneously, immigrants from there have a had a huge role to play in Silicon Valley's success, that tells you something, does it not?
MDix
08-23 09:17 AM
If they could they would have, but unfortunately judgment doesn't talk anything about Multinational manager.They tried to extend he finding of EB1 to EB2. I believe even thought this strictly applies to EB2 without M.S. But things will get tough for EB2 Master also ......
Why there is nothing for EB Multinational Managers? Even a small project manager gets a priority greencard and people with masters degree and 10 year experience are waiting. Nobody has told to USCIS yet?
Where is GCperm when you need one?
Why there is nothing for EB Multinational Managers? Even a small project manager gets a priority greencard and people with masters degree and 10 year experience are waiting. Nobody has told to USCIS yet?
Where is GCperm when you need one?
more...
insbaby
08-13 04:45 PM
EB-3 won't need help when everyone else is done because the only people left to allocate visas would be EB-3 only . I guess we are just in for a long long wait.
That situation never occur. EB2 is going to be always filled up. No one is going to apply in EB3 in future and all in EB2, so all will go to EB1,EB2.
That situation never occur. EB2 is going to be always filled up. No one is going to apply in EB3 in future and all in EB2, so all will go to EB1,EB2.
bigboy007
06-02 04:30 PM
Any comments on this dual intent option and how it will effect current 485/140 ? As this supposed to effect cases of 140 filed after 15 may 07 ? Or where does it state in bill the same? If thats the case then there is no point of employment based immi at all
more...
db12320
03-30 06:04 PM
here is the IRS link which says all non resident aliens will not receive the check, irrespective if they have a SSN or not. Last I knew every H1 is a non-resident alien.
http://www.irs.gov/newsroom/article/0,,id=179181,00.html
Snippet from the site:-
Q: I know some people won�t get a stimulus payment. How do I know if I�m one of them?
A: You won�t get a stimulus payment in 2008, if any of the following apply to you:
*
You don�t file a 2007 tax return.
*
Your net income tax liability is zero and your qualifying income is less than $3,000. To determine your qualifying income, add together your wages, net self-employment income, nontaxable combat pay, Social Security benefits, certain Railroad Retirement benefits and certain veterans� payments.
*
You can be claimed as a dependent on someone else�s return. For example, this would include a child or student who can be claimed on a parent�s return.
*
You do not have a valid Social Security Number.
*
You are a nonresident alien.
*
You file Form 1040NR or Form 1040NR-EZ, Form 1040PR or Form 1040SS for 2007.
http://www.irs.gov/newsroom/article/0,,id=179181,00.html
Snippet from the site:-
Q: I know some people won�t get a stimulus payment. How do I know if I�m one of them?
A: You won�t get a stimulus payment in 2008, if any of the following apply to you:
*
You don�t file a 2007 tax return.
*
Your net income tax liability is zero and your qualifying income is less than $3,000. To determine your qualifying income, add together your wages, net self-employment income, nontaxable combat pay, Social Security benefits, certain Railroad Retirement benefits and certain veterans� payments.
*
You can be claimed as a dependent on someone else�s return. For example, this would include a child or student who can be claimed on a parent�s return.
*
You do not have a valid Social Security Number.
*
You are a nonresident alien.
*
You file Form 1040NR or Form 1040NR-EZ, Form 1040PR or Form 1040SS for 2007.
psam
08-12 07:06 PM
He has already been able to pass the law. Now whether he calls them chopshop or backtracks, or praises them.......it does not do anything. This will soon be a law.
Yes, the law doesn't change. But its less hurtful.
It would be equivalent of Indian minister calling Pepsi/Coke as poison sellers. (BTW, which they are)
Yes, the law doesn't change. But its less hurtful.
It would be equivalent of Indian minister calling Pepsi/Coke as poison sellers. (BTW, which they are)
more...
lc1978
09-10 11:59 AM
Google Order #208807257950866
americandesi
11-29 02:00 PM
Can anyone outline the advantages/disadvantages of Sole Proprietorship vs. LLC for a single individual who plans to provide website designing/development services for companies in/outside US?
more...
rajeev_74
04-25 05:41 PM
Go back and look at the forum postings. There are much more amenable and practical suggestions made. This PD thing doesn't pass the basic test: was there a precedence or prior history, can it be done and does it lessen the time for one to apply for I-485 and GC. Does it reduce backlog?
PD as the date of < insert whatever> doesn't pass this basic test.
I guess we can move on then...Thanks
PD as the date of < insert whatever> doesn't pass this basic test.
I guess we can move on then...Thanks
gc_eb2_waiter
06-01 03:37 PM
Does this mean no new Labors? or no new I-140s? or no new I-485s after May 2007. Someone with more information please clarify.
more...
immi_twinges
07-20 02:16 PM
1. Threads concerned with the Action Items and Legislative matters should be separated from the usual GC related questionnaire
If you look at the website you find a bunch of new threads related to 485 filing. Most of them bear answers in previous threads. People dont want to search..but that okay..they can form new threads if they are very desperate for the answers.
But at the same time due to the flood of these messages we are missing important notices and action items like this one.If we separate them somehow it will be helpful.
2. Lets have an organized tracking of 485s. Lets separate them by Visa category , country, PD or RD.
ex: Eb3 country: India
PD 2001: RD:...? LUD: ...?
PD:2004:
EB3 : China...
...
..
Lets have an option of adding friends approx dates who are not immigration voice members. This way we can have rough estimate about what happening. Lets not make threads for each category.
This way may be we have a very good track of the visas than USCIS...heheheh:D
I guess most of the 1v members are s/w engineers...i am not...orelse i would have volunteered to do this...
Anybody here ...who can spare some of their valuable time???
Lets do more brainstorming
If you look at the website you find a bunch of new threads related to 485 filing. Most of them bear answers in previous threads. People dont want to search..but that okay..they can form new threads if they are very desperate for the answers.
But at the same time due to the flood of these messages we are missing important notices and action items like this one.If we separate them somehow it will be helpful.
2. Lets have an organized tracking of 485s. Lets separate them by Visa category , country, PD or RD.
ex: Eb3 country: India
PD 2001: RD:...? LUD: ...?
PD:2004:
EB3 : China...
...
..
Lets have an option of adding friends approx dates who are not immigration voice members. This way we can have rough estimate about what happening. Lets not make threads for each category.
This way may be we have a very good track of the visas than USCIS...heheheh:D
I guess most of the 1v members are s/w engineers...i am not...orelse i would have volunteered to do this...
Anybody here ...who can spare some of their valuable time???
Lets do more brainstorming
logiclife
07-06 12:13 PM
I have changed the thread title.
ind_game
05-19 04:54 PM
FINAL UPDATE
HURRAHHHHHHHHHHHHHHHHHHHHYYYYYYYYYYYYYY
My I-485 case got reopened after being in denial status for three months............ My attorney got a letter from USCIS.
::::::::::::::::::To recap::::::::::::::
I went to the Congressional office on 05/14/2009 morning.
Congressional office made a call to Nebraska Service Center regarding the case on the same day afternoon (05/14/2009 afternoon)
USCIS sent letter to my attorney on Friday (05/15/2009).
My attorney received it this morning (05/19/2009).
Looks like magic........Whoever has been working on my case from the past three months made a huge reversal decision in just a few hours on 05/14/2009 afternoon with atmost attention........I like this sudden surge in commitment and care on my case.......
Here is the wording:
Quote""""""""""""""""""""""""
Reference is made to the Notice of Appeal or Motion (Form I-290B) filed on April 23, 2009. You are seeking reopen the decision rendered by USCIS on February 17, 2009, denying application filed by you.
The motion as submitted has been reviewed. It meets the requirements of Title 8, COde of Federal Regulations, $103.5 concerning the proper filing of a motion. Accordingly, the request to reopen the previous decision will be and is hereby granted.
The facts and issues in this matter were properly discussed in the decision, supra, and need not be repeated here as they are a matter of record.
After a complete review of the record of proceedings, including your motion, the grounds for denial have been overcome.
The application will be reopened and the processing continued. Once the processing is completed, you will receive a notice under separate cover.
Sincerely
"""""""""""""""""""""""""""""""""""""Unquote
HURRAHHHHHHHHHHHHHHHHHHHHYYYYYYYYYYYYYY
My I-485 case got reopened after being in denial status for three months............ My attorney got a letter from USCIS.
::::::::::::::::::To recap::::::::::::::
I went to the Congressional office on 05/14/2009 morning.
Congressional office made a call to Nebraska Service Center regarding the case on the same day afternoon (05/14/2009 afternoon)
USCIS sent letter to my attorney on Friday (05/15/2009).
My attorney received it this morning (05/19/2009).
Looks like magic........Whoever has been working on my case from the past three months made a huge reversal decision in just a few hours on 05/14/2009 afternoon with atmost attention........I like this sudden surge in commitment and care on my case.......
Here is the wording:
Quote""""""""""""""""""""""""
Reference is made to the Notice of Appeal or Motion (Form I-290B) filed on April 23, 2009. You are seeking reopen the decision rendered by USCIS on February 17, 2009, denying application filed by you.
The motion as submitted has been reviewed. It meets the requirements of Title 8, COde of Federal Regulations, $103.5 concerning the proper filing of a motion. Accordingly, the request to reopen the previous decision will be and is hereby granted.
The facts and issues in this matter were properly discussed in the decision, supra, and need not be repeated here as they are a matter of record.
After a complete review of the record of proceedings, including your motion, the grounds for denial have been overcome.
The application will be reopened and the processing continued. Once the processing is completed, you will receive a notice under separate cover.
Sincerely
"""""""""""""""""""""""""""""""""""""Unquote
skark
07-11 11:59 AM
Hi,
My wife is on H4 and she has her H4 extension approval. But the local DMV says that they need to see a visa stamp in her passport to issue a DL. Its actually exchanging her out of state DL! Can anyone from NC (Raleigh, Cary, RTP, Durham etc) share their experiences please.
My wife is on H4 and she has her H4 extension approval. But the local DMV says that they need to see a visa stamp in her passport to issue a DL. Its actually exchanging her out of state DL! Can anyone from NC (Raleigh, Cary, RTP, Durham etc) share their experiences please.
sparky_jones
03-12 10:18 PM
Dude
Interesting case, did you port your PD or??
I think this person was indeed trying to port to EB2 some time back, but even the EB2 had a PD of Nov 2005. So even if the port succeeded, even that would not explain the out-of-turn approval.
Interesting case, did you port your PD or??
I think this person was indeed trying to port to EB2 some time back, but even the EB2 had a PD of Nov 2005. So even if the port succeeded, even that would not explain the out-of-turn approval.
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