akred
03-14 01:09 PM
You can ask all you want about not allowing porting from EB3 to EB2 or not letting keep the priority date in doing so. IV is not going to endorse it. Reality is job done by EB2 or EB3 especially in IT is very much alike.
Moving from EB3 to EB2 is for worthy cause of getting GC faster in legitimate and ethical way.
True. Us old timer EB3 folks should then ask for a salary based criteria to determine preference category ;).
Moving from EB3 to EB2 is for worthy cause of getting GC faster in legitimate and ethical way.
True. Us old timer EB3 folks should then ask for a salary based criteria to determine preference category ;).
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renjuzone
07-17 01:11 PM
signed too. most ppl have no idea how racist he is! he will surely be flogged alive if he ever lands foot in mexico, china or india
satishku_2000
09-12 01:43 PM
I got a ref today the reason ability not to pay. They state that in line 21ordinary business income is less than what it should be according to PW and based on that employer was not able to PW in those years like from 2001 to 2006but the gross income was always in between 600000-1000000 each year. but can they relate your old returns with new PW. I mean does it matter based on your last 5 returns ability not to pay but currently I am drawing more than PW and my employer never filed tax`return with loss. pl. advice Does I need good CPA
40k+ in 2006
35k+ in 2005
33k+ in 2004
EB-3 PD 2001
Filed I-140 & I-485 on May 5,2007
The petitioner must show the ability to pay since establishment of PD. It does not matter if you get paid more than proferred now . Getting paid more than proferred wage always helps.
If the petitioner has more than one immigration petition pending then he has to prove that he has ability to pay for all petitions simultaneously since each petitions respective priority date.
Declaring profits help but again one has to put everything in context of immigration petition. If you got paid 10k less than proferred wage in a particualr year , petitioners profits must exceed 10k for that year. If there are 10 petitions pending in a year and all of them got paid 10k less than proferred wage petitioners profit must exceed 100k. I am trying to a put a simple example here . A right lawyer or right CPA may have ways to overcome these things.
Looks like a good sign in your case is you filed in May 2007 , is that regular or premium processing case? If it is reg processing case then looks like INS is processing cases based on PD which is a good thing should help lot of BEC folks.
Just curious if your case is a labor substution case?
40k+ in 2006
35k+ in 2005
33k+ in 2004
EB-3 PD 2001
Filed I-140 & I-485 on May 5,2007
The petitioner must show the ability to pay since establishment of PD. It does not matter if you get paid more than proferred now . Getting paid more than proferred wage always helps.
If the petitioner has more than one immigration petition pending then he has to prove that he has ability to pay for all petitions simultaneously since each petitions respective priority date.
Declaring profits help but again one has to put everything in context of immigration petition. If you got paid 10k less than proferred wage in a particualr year , petitioners profits must exceed 10k for that year. If there are 10 petitions pending in a year and all of them got paid 10k less than proferred wage petitioners profit must exceed 100k. I am trying to a put a simple example here . A right lawyer or right CPA may have ways to overcome these things.
Looks like a good sign in your case is you filed in May 2007 , is that regular or premium processing case? If it is reg processing case then looks like INS is processing cases based on PD which is a good thing should help lot of BEC folks.
Just curious if your case is a labor substution case?
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minimalist
03-31 12:53 PM
We have to understand that there is a myriad of laws; INA, CFR's; USCIS policy binding memos; internal memos; appeals decisions, court cases, precedent aao decisions, precedent legal cases.
Now; the ac21 memo is a memo that uscis officers have to follow. However; the memo is not in accordanc with INA 245 or AC21.
INA 245 states that a valid and approved 140 is needed for a person to get lawful permanent residency.
ac21 says that a person can change jobs after 485 has been pending for more then 180 days.
The above two things are the law.
In ac21 law; it doesn't say anything about the scenario if 140 is revoked by employer. It is totally silent to it.
USCIS in their memos realized that ac21 law would not have any meaning if the employer still controlled the 140 if a person was eligible for ac21; therefore, they issued the memo (memo is not law but binding; memos can be changed; however, there has been nothing public about any possible change).
Memo is clarification which they have been following for many years and as far as I know still binding.
Kepp up the good work.
Now; the ac21 memo is a memo that uscis officers have to follow. However; the memo is not in accordanc with INA 245 or AC21.
INA 245 states that a valid and approved 140 is needed for a person to get lawful permanent residency.
ac21 says that a person can change jobs after 485 has been pending for more then 180 days.
The above two things are the law.
In ac21 law; it doesn't say anything about the scenario if 140 is revoked by employer. It is totally silent to it.
USCIS in their memos realized that ac21 law would not have any meaning if the employer still controlled the 140 if a person was eligible for ac21; therefore, they issued the memo (memo is not law but binding; memos can be changed; however, there has been nothing public about any possible change).
Memo is clarification which they have been following for many years and as far as I know still binding.
Kepp up the good work.
more...
pappu
01-30 10:00 AM
Pappu, what are the anti-immigration websites you talked about? I'm curious and want to see what they are thinking. thanks.
-----------------
Hope sth will happen in Feb. :)
20/month
alipac FAIR.
-----------------
Hope sth will happen in Feb. :)
20/month
alipac FAIR.
saileshdude
04-28 02:09 PM
In ac21 law; it doesn't say anything about the scenario if 140 is revoked by employer. It is totally silent to it.
AFAIK:
AC21 is not a law, just a guidance. Assume an immigration case goes to court hearing, the judge would completely ignore AC21 guidelines. Any employment per AC21 will be considered unlawful in this case. The probability of a case going to court is not very common though.
The above is just FYI.. You can google for more info.
AC21 is a law. AC21 Memos issued are guidelines that IOs are supposed to follow. E.g. If one IO issues NOID if I-140 is revoked and another denies I-485 directly then the latter needs to explain why he/she chose to not follow the memo. In any case, there should be consistency across board to follow AC21 regulations.
AFAIK:
AC21 is not a law, just a guidance. Assume an immigration case goes to court hearing, the judge would completely ignore AC21 guidelines. Any employment per AC21 will be considered unlawful in this case. The probability of a case going to court is not very common though.
The above is just FYI.. You can google for more info.
AC21 is a law. AC21 Memos issued are guidelines that IOs are supposed to follow. E.g. If one IO issues NOID if I-140 is revoked and another denies I-485 directly then the latter needs to explain why he/she chose to not follow the memo. In any case, there should be consistency across board to follow AC21 regulations.
more...
chanduv23
03-31 07:54 AM
Received one today.
Weirdest thing:
Person's 140 was revoked by employer;
person received notice of intent to deny. NOID clearly stated that 140 was revoked by employer then quoted ac21 law and said beneficiary may be eligible and to give job offer letter.
person responded with letter from new ac21 employer with perfectly matching job duties/descriptions.
uscis sent denial. Denial only stated that 140 was revoked and 140 immigrant petition is needed to get greencard.
Don't know if this is a new procedure that they are following the main law where a valied 140 is needed the whole time.
So do you think they are going after AC21 folks as a scapegoat? I spoke to few people on this including lawyers and they say that "denials on 485" when 140 gets revoked is a common thing and usually the officer who issues the denial letter does not check and verify to see other details. Thats why they have to go through the MTR process.
Weirdest thing:
Person's 140 was revoked by employer;
person received notice of intent to deny. NOID clearly stated that 140 was revoked by employer then quoted ac21 law and said beneficiary may be eligible and to give job offer letter.
person responded with letter from new ac21 employer with perfectly matching job duties/descriptions.
uscis sent denial. Denial only stated that 140 was revoked and 140 immigrant petition is needed to get greencard.
Don't know if this is a new procedure that they are following the main law where a valied 140 is needed the whole time.
So do you think they are going after AC21 folks as a scapegoat? I spoke to few people on this including lawyers and they say that "denials on 485" when 140 gets revoked is a common thing and usually the officer who issues the denial letter does not check and verify to see other details. Thats why they have to go through the MTR process.
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mirage
10-06 07:42 PM
What you are seeing right now in US, you'll see that in India begining next year. Indian Property market is ripe for a crash. I wouldn't invest a penny until the dust settles...
more...
h1techSlave
07-10 02:50 PM
As per our lawyers, right now USCIS is in the process of entering our applications in their system (for date of receipt and such). There was a memo from USCIS saying that they will be done with the job of data entry by August 1.
From August 1, we can expect either rejection or acceptance of the actual application. The hope is that a court/congressional intervention before August 1 will change the USCIS action of rejection into acceptance.
Flowers to Condi; any body?
Cheers,
h1techSlave
From August 1, we can expect either rejection or acceptance of the actual application. The hope is that a court/congressional intervention before August 1 will change the USCIS action of rejection into acceptance.
Flowers to Condi; any body?
Cheers,
h1techSlave
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harikris
05-14 10:23 PM
[Mr. Brown] True. If the plan B/C is not up to par with plan A then it is definitely hard to move on. Plan A (GC) gives you a grand standard of living but Plan B (India etc.) gives you a first class citizenship plus a say in the society. It's not all bad.
[harikris] Plan B/C comes into play when plan A is logically terminated. That is not the case here Mr. Brown. The process should be fast enough not to allow a life changing event to weigh in on any individual to continue with an initially chosen plan or to abandon it.
[Mr. Brown] Given the passage of time priorities/drive should be geared more towards securing and making the best of what you have (home country's citizenship) rather than what you don't have (GC). Heck, even retirement based mutual funds work in that fashion (aggressive at first, conservative as time passes).
[harikris] Going by your analogy, most "young" folks do play it aggressive(risky) by following up on their dreams and when it is time to consolidate/secure, they are facing uncertainties that are not quite under their control. I can assure you that all their efforts are indeed geared up towards securing what they have worked so hard for all along. I am assuming home country's citizenship and social circles are a given and no extra-ordinary effort needs to be applied in those sectors.
[Mr. Brown] No offense but it comes out a bit narcissist like ... don't ya think?
[harikris] No Sir. I don't believe for a second that i am asking more than what i paid for or entitled to.
[Mr. Brown] See now ... everyone keeps talking about this deal that USCIS promised us. Either my lawyer didn't give me the fine print (where the time frame was mentioned) or USCIS doesn't promise a time frame to every applicant.
[harikris] I am referring to the statements that USCIS/legislators make when they come up with yet another innovative method to overhaul the system to speed up the process and efficiently tackle the existing backlog within a pre-set target date. We have to take their word for it, if we are to have any solid grounds for making a case against backlogs. We got to STOP taking their statements with a "pinch of salt" and "wink-wink" fashion because that would mean we have lost the fight even before we enter the field. We got to "help" USCIS and work with them so that they can help us.
[Mr. Brown] You nailed it. I completely agree with you and guess what this arrogance from USCIS will come back to bite them but it will be too late. How do you think empires that rule for centuries crumble in a few years? Empathy (or lack-thereof) can bring one down to their knees.
[harikris] Thanks. We surely don't want to wish the vehicle [USCIS] that is supposed to take us to our "destination" to crash fatally. Let's strive to put USCIS back on track.
[Mr. Brown] Nothing. As second class citizens (GC/USC or not) we don't have a say in this society. We give some to get some.
[harikris] Please, do what you can. Don't resign to such thoughts. Let's come up with a solution. There is no merit sitting idle. Let's start knocking doors in all earnest and some door should open for sure.
[harikris] Plan B/C comes into play when plan A is logically terminated. That is not the case here Mr. Brown. The process should be fast enough not to allow a life changing event to weigh in on any individual to continue with an initially chosen plan or to abandon it.
[Mr. Brown] Given the passage of time priorities/drive should be geared more towards securing and making the best of what you have (home country's citizenship) rather than what you don't have (GC). Heck, even retirement based mutual funds work in that fashion (aggressive at first, conservative as time passes).
[harikris] Going by your analogy, most "young" folks do play it aggressive(risky) by following up on their dreams and when it is time to consolidate/secure, they are facing uncertainties that are not quite under their control. I can assure you that all their efforts are indeed geared up towards securing what they have worked so hard for all along. I am assuming home country's citizenship and social circles are a given and no extra-ordinary effort needs to be applied in those sectors.
[Mr. Brown] No offense but it comes out a bit narcissist like ... don't ya think?
[harikris] No Sir. I don't believe for a second that i am asking more than what i paid for or entitled to.
[Mr. Brown] See now ... everyone keeps talking about this deal that USCIS promised us. Either my lawyer didn't give me the fine print (where the time frame was mentioned) or USCIS doesn't promise a time frame to every applicant.
[harikris] I am referring to the statements that USCIS/legislators make when they come up with yet another innovative method to overhaul the system to speed up the process and efficiently tackle the existing backlog within a pre-set target date. We have to take their word for it, if we are to have any solid grounds for making a case against backlogs. We got to STOP taking their statements with a "pinch of salt" and "wink-wink" fashion because that would mean we have lost the fight even before we enter the field. We got to "help" USCIS and work with them so that they can help us.
[Mr. Brown] You nailed it. I completely agree with you and guess what this arrogance from USCIS will come back to bite them but it will be too late. How do you think empires that rule for centuries crumble in a few years? Empathy (or lack-thereof) can bring one down to their knees.
[harikris] Thanks. We surely don't want to wish the vehicle [USCIS] that is supposed to take us to our "destination" to crash fatally. Let's strive to put USCIS back on track.
[Mr. Brown] Nothing. As second class citizens (GC/USC or not) we don't have a say in this society. We give some to get some.
[harikris] Please, do what you can. Don't resign to such thoughts. Let's come up with a solution. There is no merit sitting idle. Let's start knocking doors in all earnest and some door should open for sure.
more...
s_dhakhwa@hotmail.com
01-31 05:03 PM
Just voted on both.
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va_labor2002
07-31 06:36 PM
---
PMP can take you to Project Management, and with experience higher up in the sr management.
With MBA from a good school you can start at serious management level.
It doesn't have to be vs, you can do both.
What you guys think about On-line MBA ? Is it worth doing ? Any recommendations for on-line MBA or on-line M.S.?
Your inputs are appreciated !
PMP can take you to Project Management, and with experience higher up in the sr management.
With MBA from a good school you can start at serious management level.
It doesn't have to be vs, you can do both.
What you guys think about On-line MBA ? Is it worth doing ? Any recommendations for on-line MBA or on-line M.S.?
Your inputs are appreciated !
more...
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HV000
11-10 08:21 PM
---
Why are you so surprised? If you do get permanent residency then too your prospective wife will not be able to immigrate immediately.
Why do you think that i was 'surprised'?? I was just making a point that this policy was absurd!
Why are you so surprised? If you do get permanent residency then too your prospective wife will not be able to immigrate immediately.
Why do you think that i was 'surprised'?? I was just making a point that this policy was absurd!
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satishku_2000
05-24 08:29 PM
Any one one knew if this H1B fee increase applies for 1 year extensions too if the bill gets passed in the current form?
They should make H1s valid only for 3 months so that they can have a constant source of income to fund the INS that needs so much money going forward to legalize 20 million people.
They should make H1s valid only for 3 months so that they can have a constant source of income to fund the INS that needs so much money going forward to legalize 20 million people.
more...
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rheoretro
09-13 02:45 PM
Folks,
I am speaking in my personal capacity here. While I am all for freedom of expression and assembly, I don't think that rallies will in any way help our cause. We have to talk to people and participate in various forums to make them aware of our cause. Standing and protesting is not going to help us, because our voice will still be lost in the din...we need to speak where it matters and be heard where it matters...
RR
I am speaking in my personal capacity here. While I am all for freedom of expression and assembly, I don't think that rallies will in any way help our cause. We have to talk to people and participate in various forums to make them aware of our cause. Standing and protesting is not going to help us, because our voice will still be lost in the din...we need to speak where it matters and be heard where it matters...
RR
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thomachan72
10-27 12:58 PM
Congrats alterego !
Are you both physicians ? (the J-1's)
Looking at your RD reminds me of a friend of mine who has a I-485 RD of Dec 2004, but he is in EB3. Unfortunately his NameCheck was not clear even in the July 2007 fiasco, the reason he is still not green !
He and his wife recently sold their house and everything else and left their jobs and moved back to India! Enjoying themselves there while their I-485 application papers turn yellow !
You paid 68K for legal and immigration fees... that is steeep man ! I wonder how...
bought a car to visit the attorney :D:D
Are you both physicians ? (the J-1's)
Looking at your RD reminds me of a friend of mine who has a I-485 RD of Dec 2004, but he is in EB3. Unfortunately his NameCheck was not clear even in the July 2007 fiasco, the reason he is still not green !
He and his wife recently sold their house and everything else and left their jobs and moved back to India! Enjoying themselves there while their I-485 application papers turn yellow !
You paid 68K for legal and immigration fees... that is steeep man ! I wonder how...
bought a car to visit the attorney :D:D
more...
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jindhal
08-25 04:06 PM
is crappy...
they provide "technically free" money transfers to india.
They do not charge you anything for transferring but their profit is from offering a much lower rate for transfers than the official rate. I have had different time lag between initiate and transfer on different days. Not sure if their transfer is delayed or preponed based on rate but they do take a hell lot long to transfer. I earlier used to suggest M2I from icici nowadays its remit 2 india. Cust service is crappy regardless of where you go, cos in the end these companies are desi..and the cust service is also desi. They treat you like crap (just like the rest of the population back home) and I dont expect anything different anytime soon.
they provide "technically free" money transfers to india.
They do not charge you anything for transferring but their profit is from offering a much lower rate for transfers than the official rate. I have had different time lag between initiate and transfer on different days. Not sure if their transfer is delayed or preponed based on rate but they do take a hell lot long to transfer. I earlier used to suggest M2I from icici nowadays its remit 2 india. Cust service is crappy regardless of where you go, cos in the end these companies are desi..and the cust service is also desi. They treat you like crap (just like the rest of the population back home) and I dont expect anything different anytime soon.
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rajuseattle
04-19 03:05 PM
Folks:
If we all unite and just fight for the cause of VISA recapture bill we all will get benefit, people i nthe backlog will be cleared and the people waiting in queue will be able to file their AoS and enjoy the EAD/AoS Benefits.
If we all unite and just fight for the cause of VISA recapture bill we all will get benefit, people i nthe backlog will be cleared and the people waiting in queue will be able to file their AoS and enjoy the EAD/AoS Benefits.
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Norristown
09-17 12:23 PM
Jerry Weller talking about Refugee act...
Humhongekamyab
07-02 04:58 PM
We all will have to work to make the injustice visible; only then will the employers start behaving.
We all remember there used to be a IV voice member who used to leave abusive comments to everybody. Once we all made a hue and cry about this Pappu took action against him by disclosing his identity and since that day we have not seen any complaints by members.
We all remember there used to be a IV voice member who used to leave abusive comments to everybody. Once we all made a hue and cry about this Pappu took action against him by disclosing his identity and since that day we have not seen any complaints by members.
chanduv23
03-13 12:16 PM
That is correct, 9 months and then I will return to my country for good.
I am waiting for the day when we get the GC , we will tear it into pieces and throw in front of consulate.
Cheers
It is not easy to tear apart a Green card - u need a sharp instrument - and be careful because u may hurt urself if u do it with the levels of frustration :) :)
I am waiting for the day when we get the GC , we will tear it into pieces and throw in front of consulate.
Cheers
It is not easy to tear apart a Green card - u need a sharp instrument - and be careful because u may hurt urself if u do it with the levels of frustration :) :)
