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chanduv23
03-31 02:04 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.
If we look at all the denials on 485 - when 140 is revoked the officer quotes "INA 245" and when MTR is filed - the case gets reopened stating AC21.
It is clear that AC21 supersedes the INA 245 rule.
Ability to pay is an interesting topic but I don't think this kind of denial has anything to do with ability to pay.
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.
If we look at all the denials on 485 - when 140 is revoked the officer quotes "INA 245" and when MTR is filed - the case gets reopened stating AC21.
It is clear that AC21 supersedes the INA 245 rule.
Ability to pay is an interesting topic but I don't think this kind of denial has anything to do with ability to pay.
wallpaper a very interesting quote
dealguy007
03-30 08:47 AM
Cannot make it to DC, just donated $50. Thanks for all your efforts.
transaction ID for the payment is: 31603569X3296592K.
transaction ID for the payment is: 31603569X3296592K.
blue_line
07-15 05:41 PM
in the past lou also made comments that h-1 bs don't pay taxes... which we know is far from truth.
you should inlcude this in the petition
you should inlcude this in the petition
2011 I have 15 quotes on change
wait4ever
10-30 07:38 AM
What is this reverse brain drain ? there is no such thing - folks who are here are going to hang on tooth & nail to stay here come hell or high water - the only ones who are going back are the ones who have no other option.
more...
freedom_fighter
10-31 01:48 AM
can someone explain to me how to get to a service center ? what is this POJ technique?
thanks.
thanks.
cygent
01-30 05:12 PM
Voted It is #23 now
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WeShallOvercome
07-12 11:34 AM
Friends,
There is a rumor going around now. One of my colleagues here claims that he got a call from his attorney that there is going to be a new bulletin for july, released either tomorrow or on Monday. Can someone talk to their attorney and confirm this?
I'm unable to reach my attorney now.
Man, this is becoming unbearable now. Although it seems to be the right thing given the news that USCIS has returned some visa numbers to DOS, I think they won't do it for the fear of looking like fools and humiliation of their mistakes publicly
There is a rumor going around now. One of my colleagues here claims that he got a call from his attorney that there is going to be a new bulletin for july, released either tomorrow or on Monday. Can someone talk to their attorney and confirm this?
I'm unable to reach my attorney now.
Man, this is becoming unbearable now. Although it seems to be the right thing given the news that USCIS has returned some visa numbers to DOS, I think they won't do it for the fear of looking like fools and humiliation of their mistakes publicly
2010 quotes.php?qChange+Quotes
another one
07-16 06:15 PM
Older 2 & 3 were very subjective and controversial so I suggest removing them
Our letter is not about CNN hiring H1�s, and let�s be practical CNN is likely not to fire Lou Dobb, especially if we insist.
================================================== ====
The Chairman, CEO Time Warner Inc and Senior Corporate Executives.
Dear Mr. Parsons,
We are deeply disturbed by the false comments aired on Mr. Lou Dobbs' show, on your CNN network July 9, 2007. On his show Mr. Dobbs interviewed Rep Tom Tancredo(R), Colorado who claimed that H1-B workers overstay their visas and do not go back home.
Quoting Mr. Tancredo from your show: "H1-B visa is for 5 years" and "700,000 H1-B workers overstaying their visas"
Even though Mr. Dobbs did not make the comments himself he aired them on his show. This makes both CNN and Lou Dobbs liable for these irresponsible and incorrect statements.
Let us straighten the facts here for you on H1-B visas.
1) H1-B visa is issued for a maximum of 6 years in increments of 3 years. It is not 5 years as claimed by Rep Tancredo on Lou Dobbs show. Further, once the first stage of Green card application is been pending for more than a year, H1-B can be extended indefinitely beyond six years.
2) H1-B�s pay all types of taxes (Social Security, Federal, State etc.) from day-1. In fact, more than a 100,000 H1-B�s, have been working, paying taxes in US for 5-10 years, without even being a permanent resident. The issue of tax has been misreported on Mr. Dobbs show on multiple times.
3) Fewer percentage of H1-B s have overstayed their visas than the percentage of senators who have been guilty of taking bribes, or the percentage of journalists who have misrepresented facts!
4) Medical doctors, Researchers, Engineers, Bio-technologists, CEOs, CFOs you name it, a lot of them are H1-B visa holders. They are in demand in all industries. The shortage of high-skilled workers has in fact led Microsoft to plan the setup of a research center in Vancouver. But, that�s another topic, and is not the purpose of our letter here.
Over the years, many of us have held CNN in high esteem for its journalistic capabilities, and we would still like to think of it is as the �Most Trusted name in news�. However, this issue is turning out to be a huge disappointment for the highly skilled legal immigrant community. We hope that CNN recognizes these errors and rectifies in a visible manner. If no action is taken, we are likely to think that CNN misreports in matters which are not so well known to us.
Sincerely,
Our letter is not about CNN hiring H1�s, and let�s be practical CNN is likely not to fire Lou Dobb, especially if we insist.
================================================== ====
The Chairman, CEO Time Warner Inc and Senior Corporate Executives.
Dear Mr. Parsons,
We are deeply disturbed by the false comments aired on Mr. Lou Dobbs' show, on your CNN network July 9, 2007. On his show Mr. Dobbs interviewed Rep Tom Tancredo(R), Colorado who claimed that H1-B workers overstay their visas and do not go back home.
Quoting Mr. Tancredo from your show: "H1-B visa is for 5 years" and "700,000 H1-B workers overstaying their visas"
Even though Mr. Dobbs did not make the comments himself he aired them on his show. This makes both CNN and Lou Dobbs liable for these irresponsible and incorrect statements.
Let us straighten the facts here for you on H1-B visas.
1) H1-B visa is issued for a maximum of 6 years in increments of 3 years. It is not 5 years as claimed by Rep Tancredo on Lou Dobbs show. Further, once the first stage of Green card application is been pending for more than a year, H1-B can be extended indefinitely beyond six years.
2) H1-B�s pay all types of taxes (Social Security, Federal, State etc.) from day-1. In fact, more than a 100,000 H1-B�s, have been working, paying taxes in US for 5-10 years, without even being a permanent resident. The issue of tax has been misreported on Mr. Dobbs show on multiple times.
3) Fewer percentage of H1-B s have overstayed their visas than the percentage of senators who have been guilty of taking bribes, or the percentage of journalists who have misrepresented facts!
4) Medical doctors, Researchers, Engineers, Bio-technologists, CEOs, CFOs you name it, a lot of them are H1-B visa holders. They are in demand in all industries. The shortage of high-skilled workers has in fact led Microsoft to plan the setup of a research center in Vancouver. But, that�s another topic, and is not the purpose of our letter here.
Over the years, many of us have held CNN in high esteem for its journalistic capabilities, and we would still like to think of it is as the �Most Trusted name in news�. However, this issue is turning out to be a huge disappointment for the highly skilled legal immigrant community. We hope that CNN recognizes these errors and rectifies in a visible manner. If no action is taken, we are likely to think that CNN misreports in matters which are not so well known to us.
Sincerely,
more...
jhustju
11-06 10:25 AM
No LUD since Aug.2006 on I-485 . Who can beat me on this.
RD Oct2006
RD Oct2006
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getgreensoon1
04-19 11:26 AM
Just a 3 years in USA, getting a GC by porting into EB2 with a B.Com and some online degree!!!!!! What a pathetic situation for us!!!!!!!!!. Wake up USCIS!!!!!!!!!!!!
Fully agree with each word you said. Many people with legit US education (not TVU kind that many not so educated people on this forum are taking shelter under the umbra of) who have been in the US for more than 10 years are still lawfully waiting in the line. And this idiot with a BCOM and MCA ( correspondence course from IGNOU) is dreaming of porting into EB2 and screw us up. Shame on USCIS and Shame on DOL. I am really concerned that if legit EB2 applicants don't talk to lawmakers and send emails to USCIS, we will be stuck here for years due to these fradulent porting.
Fully agree with each word you said. Many people with legit US education (not TVU kind that many not so educated people on this forum are taking shelter under the umbra of) who have been in the US for more than 10 years are still lawfully waiting in the line. And this idiot with a BCOM and MCA ( correspondence course from IGNOU) is dreaming of porting into EB2 and screw us up. Shame on USCIS and Shame on DOL. I am really concerned that if legit EB2 applicants don't talk to lawmakers and send emails to USCIS, we will be stuck here for years due to these fradulent porting.
more...
viva
02-06 08:03 PM
I totally agree with you viva...
Is this a solution to retrogression?
Oh my god...
USCIS please let our spouses work and take as much time as you want to give us the green card we are not in a hurry!!!!
How can anyone come up with these un realistic solutions man.
True true true This persons intension is not a GC but make money...
Please let us not go further into this, let us prepare ourselfs to fight for the I-485 provision that IV is working on..
We shall overcome
At least, he/she is trying to come up with a solution. Just not the kind that would help!!!!
Is this a solution to retrogression?
Oh my god...
USCIS please let our spouses work and take as much time as you want to give us the green card we are not in a hurry!!!!
How can anyone come up with these un realistic solutions man.
True true true This persons intension is not a GC but make money...
Please let us not go further into this, let us prepare ourselfs to fight for the I-485 provision that IV is working on..
We shall overcome
At least, he/she is trying to come up with a solution. Just not the kind that would help!!!!
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caliguy
09-15 06:21 PM
Apologies, if this has been asked.
What is the sequence for using the POJ method for Texas?
Thanks in advance!
What is the sequence for using the POJ method for Texas?
Thanks in advance!
more...
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sdrblr
09-17 01:28 PM
Nice !! congrats
I think it is time for you to remove the words "** Still waiting for magic email - have mercy!"
I CAN NOT BELIEVE THIS...this morning 10:00AM CST we got the CPO emails for both of us...
I just can not thank Aall of you enough and the IV community for the support they have provided over the last few years - especially since Sept 1.
THANK YOU GOD - THANKS FOR LISTENING.
I will be around - not going anywhere and will support IV efforts!
BEST OF LUCK FOR THOSE WHO ARE WAITING...Believe me "appka bhi number aayega" I was loosing hopes - since Sept 1 when saw number of approvals after my PD/RD/ND etc..but there is really nothing that can predict this system.
Here is my journey - encapsulated:
PD- June 04
I485 files on July 2nd 2007 - NSC
RD 8/4/2207
SR #1: 9/4/2209
SR #2" 9/11/2209
Senator contact: 9/10/2009 and 9/11/2009
Infopass: 9/15/2009
CPO emails: 9/17/2009
Hang in there - open SRs and contact your senators!!!
I think it is time for you to remove the words "** Still waiting for magic email - have mercy!"
I CAN NOT BELIEVE THIS...this morning 10:00AM CST we got the CPO emails for both of us...
I just can not thank Aall of you enough and the IV community for the support they have provided over the last few years - especially since Sept 1.
THANK YOU GOD - THANKS FOR LISTENING.
I will be around - not going anywhere and will support IV efforts!
BEST OF LUCK FOR THOSE WHO ARE WAITING...Believe me "appka bhi number aayega" I was loosing hopes - since Sept 1 when saw number of approvals after my PD/RD/ND etc..but there is really nothing that can predict this system.
Here is my journey - encapsulated:
PD- June 04
I485 files on July 2nd 2007 - NSC
RD 8/4/2207
SR #1: 9/4/2209
SR #2" 9/11/2209
Senator contact: 9/10/2009 and 9/11/2009
Infopass: 9/15/2009
CPO emails: 9/17/2009
Hang in there - open SRs and contact your senators!!!
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arc
06-12 01:56 PM
Most affected and largest chunk...
IV Help Needed!
IV Help Needed!
more...
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green/red/yellow whatever
09-17 01:52 PM
I am not seeing any movement in the video. I can just see the American Eagle on the screen? any idea whats going on.. ? ??
just stop the video and start again. hopefully that should help
just stop the video and start again. hopefully that should help
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sweet_jungle
02-11 05:29 PM
I am with you. giveme the details
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arunmohan
08-12 06:14 PM
All EB3 applicants should send this letter. I am going to send this letter.
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immi_twinges
07-17 01:41 PM
Guys , I think this issue has been discussed lot of times.
1) USCIS do not allot immigrant visas, It is alloted by DOS.
2) DOS needs a fix in the current EB laws to capture unused visa.
3) I am not sure if we can push any change in law, given the current Iraq war quagmire.
But I hope they speed up the overall application processing times, with all the increased Fee money they will get from July 30th (by investing money on IT).
With the increased fees...Are they ready to promise us they will decreasing the processing times... and not waste visa numbers...
:mad:
1) USCIS do not allot immigrant visas, It is alloted by DOS.
2) DOS needs a fix in the current EB laws to capture unused visa.
3) I am not sure if we can push any change in law, given the current Iraq war quagmire.
But I hope they speed up the overall application processing times, with all the increased Fee money they will get from July 30th (by investing money on IT).
With the increased fees...Are they ready to promise us they will decreasing the processing times... and not waste visa numbers...
:mad:
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anzerraja
07-19 05:10 PM
Zoom, thanks for the initiative. Just wanted to make sure if there are any legality issues behind core accessing the IV funds for administrative costs. Because once we donate it to IV funds(unless there is a provision for them to access that money as reimbursement administrative cost) it may not serve the intended purpose.
WE ARE WAITING FOR THE RESPONSE FROM CORE TEAM ABOUT THIS IMPORTANT ISSUE.
Guys I am ready to pay my dues to core....If you want I can start a thread to track the payment only for the core members. Lemme know what do you think.
WE ARE WAITING FOR THE RESPONSE FROM CORE TEAM ABOUT THIS IMPORTANT ISSUE.
Guys I am ready to pay my dues to core....If you want I can start a thread to track the payment only for the core members. Lemme know what do you think.
Life2Live
07-16 11:39 AM
signed...
natrajs
09-17 04:50 PM
I CAN NOT BELIEVE THIS...this morning 10:00AM CST we got the CPO emails for both of us...
I just can not thank Aall of you enough and the IV community for the support they have provided over the last few years - especially since Sept 1.
THANK YOU GOD - THANKS FOR LISTENING.
I will be around - not going anywhere and will support IV efforts!
BEST OF LUCK FOR THOSE WHO ARE WAITING...Believe me "appka bhi number aayega" I was loosing hopes - since Sept 1 when saw number of approvals after my PD/RD/ND etc..but there is really nothing that can predict this system.
Here is my journey - encapsulated:
PD- June 04
I485 files on July 2nd 2007 - NSC
RD 8/4/2207
SR #1: 9/4/2209
SR #2" 9/11/2209
Senator contact: 9/10/2009 and 9/11/2009
Infopass: 9/15/2009
CPO emails: 9/17/2009
Hang in there - open SRs and contact your senators!!!
Congrats and Best Wishes kubmilegaGC, Finally the pain is over
Take care
I just can not thank Aall of you enough and the IV community for the support they have provided over the last few years - especially since Sept 1.
THANK YOU GOD - THANKS FOR LISTENING.
I will be around - not going anywhere and will support IV efforts!
BEST OF LUCK FOR THOSE WHO ARE WAITING...Believe me "appka bhi number aayega" I was loosing hopes - since Sept 1 when saw number of approvals after my PD/RD/ND etc..but there is really nothing that can predict this system.
Here is my journey - encapsulated:
PD- June 04
I485 files on July 2nd 2007 - NSC
RD 8/4/2207
SR #1: 9/4/2209
SR #2" 9/11/2209
Senator contact: 9/10/2009 and 9/11/2009
Infopass: 9/15/2009
CPO emails: 9/17/2009
Hang in there - open SRs and contact your senators!!!
Congrats and Best Wishes kubmilegaGC, Finally the pain is over
Take care
