gcisadawg
02-28 10:06 AM
"A. USCIS is currently aware of approximately 47,000 applications for permanent residence (I-485) cases that are otherwise approvable but for the fact that an FBI name check is pending. In a subset of these case, the FBI name check request that been pending for more than 180 days. USCIS anticipates that the majority of the cases that are subject to this policy modification will be processed by mid-March 2008."
It says otherwise approvable but for name check. Does that mean Visa numbers are already allotted for these 47K cases hence they wont eat up the visa numbers?
It says otherwise approvable but for name check. Does that mean Visa numbers are already allotted for these 47K cases hence they wont eat up the visa numbers?
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insbaby
10-28 09:18 PM
that's exactly what we did you self-righteous prig!
When we didn't like something, we came out and expressed it.
Tough crowd :rolleyes: :rolleyes: :rolleyes:
When we didn't like something, we came out and expressed it.
Tough crowd :rolleyes: :rolleyes: :rolleyes:
n_2006
06-19 02:59 PM
Do you think this company has boss, HR, etc? It could be one man show and he wants suck this guy's blood.
Unfornunately most of the guys who can not get a job in US and did hard jobs initially some how hot gcs and became (desi)employers. Also unfortunate that lawyer guy is joined with your employer and trying loot you.
It has to be anyone of a rank signing the letter saying that you work in this position for this salary, someone like your boss, human resources, whoever is nice enough to sign it, they are not really strict on this one, they are on the I-140. Do you have that approved?
Unfornunately most of the guys who can not get a job in US and did hard jobs initially some how hot gcs and became (desi)employers. Also unfortunate that lawyer guy is joined with your employer and trying loot you.
It has to be anyone of a rank signing the letter saying that you work in this position for this salary, someone like your boss, human resources, whoever is nice enough to sign it, they are not really strict on this one, they are on the I-140. Do you have that approved?
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ameryki
10-09 11:20 PM
chor chor
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ragz4u
03-18 05:40 PM
http://immigrationvoice.org/forum/showthread.php?p=3121#post3121
decastod
05-15 01:12 PM
All,
This is a very good news that I have heard since last July. I am not sure if MBA's will also be condidered as part of this bill. I have paid around $90 K from my pocket, to get my MBA from Duke.
If that is the case then I would recommend that anyone who has any kind of support from their employer (or even without it) should get a masters degree as soon as possible. This will not only increase our value but will also shorten the queue.... just my 2 cents.
This is a very good news that I have heard since last July. I am not sure if MBA's will also be condidered as part of this bill. I have paid around $90 K from my pocket, to get my MBA from Duke.
If that is the case then I would recommend that anyone who has any kind of support from their employer (or even without it) should get a masters degree as soon as possible. This will not only increase our value but will also shorten the queue.... just my 2 cents.
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mbawa2574
08-20 04:42 PM
Go get a good lawyer .File a lawsuit against attorney for breach of contract and ask for minimum 5 to 6 million dollars in damages. see if you can involve the company too. screw their happiness to the largest extent . Expose your employer and file a complaint that he forced you to pay for your labour cert and 140 expenses. DOL will shut him down as they are already investigating these fraud shops.
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raydon
10-12 10:46 AM
It was very hard to see at least 3-4 of my friends working in very reputed, established companies, not some tinpot startups (I'm almost tempted to name the companies) using labor Sub. And all of them have got their green cards comfortably. Every single one of them.
Their managers pushed for labors subs for them and nobody even objected because it was legal!
And to my best knowledge, my current company didn't do any subs (perhaps because they didn't have layoffs during dot com bust) so I see senior employees in my company badly stuck with EB3. In fact, there are EB3 managers hopelessly stuck whose EB2 employees are in a better position than them. I'm NOT making this up.
Unless you take risks, you won't progress. Calculate your risks and take it. My friend, 2003 is an old PD and you have been stuck for long. You deserve a better deal and a more senior job profile. I agree completely with folks though, that allowing people to retain the old PD is unfair to others waiting and USCIS should grant some intermediate PD. But take it from me, all kinds of unfair practices have been happening. A classic example is July 07.
I do see your point about the unfairness of allowing the old PD. In that case, what do you say about the cross-chargeability provision ? I guess the percentage of people availing of that provision is small, but it does happen.
For example, If you're from India and in EB3, but your spouse was born in a non-retrogressed country, you automatically jump to the earlier PD in your category, EB3-World in this case. Maybe the percentage of such cases is low, and hence there're no protests from the people waiting. I personally know of one colleague who had a later PD than me, but got the EB3-World PD since his spouse was born in Zambia. If EB3-World was current, he'd be green simply because his spouse was born in the "right" country.
Unfair ?? Maybe - but it's legal and allowed. My point is that getting an older PD in both cross category and cross chargeability are allowed today and people will continue to avail of them is they can. As long as the USCIS doesn't have issues with that, applicants will attempt to migrate between categories and countries, during their im-migration process :) Couldn't help myself with that pun there :)
Their managers pushed for labors subs for them and nobody even objected because it was legal!
And to my best knowledge, my current company didn't do any subs (perhaps because they didn't have layoffs during dot com bust) so I see senior employees in my company badly stuck with EB3. In fact, there are EB3 managers hopelessly stuck whose EB2 employees are in a better position than them. I'm NOT making this up.
Unless you take risks, you won't progress. Calculate your risks and take it. My friend, 2003 is an old PD and you have been stuck for long. You deserve a better deal and a more senior job profile. I agree completely with folks though, that allowing people to retain the old PD is unfair to others waiting and USCIS should grant some intermediate PD. But take it from me, all kinds of unfair practices have been happening. A classic example is July 07.
I do see your point about the unfairness of allowing the old PD. In that case, what do you say about the cross-chargeability provision ? I guess the percentage of people availing of that provision is small, but it does happen.
For example, If you're from India and in EB3, but your spouse was born in a non-retrogressed country, you automatically jump to the earlier PD in your category, EB3-World in this case. Maybe the percentage of such cases is low, and hence there're no protests from the people waiting. I personally know of one colleague who had a later PD than me, but got the EB3-World PD since his spouse was born in Zambia. If EB3-World was current, he'd be green simply because his spouse was born in the "right" country.
Unfair ?? Maybe - but it's legal and allowed. My point is that getting an older PD in both cross category and cross chargeability are allowed today and people will continue to avail of them is they can. As long as the USCIS doesn't have issues with that, applicants will attempt to migrate between categories and countries, during their im-migration process :) Couldn't help myself with that pun there :)
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aknynd
12-28 11:28 AM
Hi,
I-140 approved - June 2006
I-485 Filed in July 2007
AP- Approved Oct 2007
FP - Done in Oct 2007
Can someone tell me how to check whether Finger Printing is cleared and case has been sent/approved from FBI Name Check
I-140 approved - June 2006
I-485 Filed in July 2007
AP- Approved Oct 2007
FP - Done in Oct 2007
Can someone tell me how to check whether Finger Printing is cleared and case has been sent/approved from FBI Name Check
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485Mbe4001
12-06 12:35 PM
My honest, ubiased opinion regarding PPF would that you should not remove your money from PPF. Its is very stable, it pays the highest interest and you dont have to manage it. Forget about it for 20 odd years and you will have a substantial amount accumulated in your account. You will withdraw it and blow it away, thats what most of the people end up doing.
That being said, if you still want to withdraw from your account or close your account, its really very simple. There is a one page form you need to fill out, and you will get the money fairly quickly. You DONT have to pay money to get it. I did not pay and neither did anyone i know.
This is something in india that works well for millions of working class people and its much better than the SS mess that is here.
Dear friend
my money is also stucked in PPF a/c.
Can u tell me how can proceed to clse my a/c there and get my money at my home add.
thanks
kek
That being said, if you still want to withdraw from your account or close your account, its really very simple. There is a one page form you need to fill out, and you will get the money fairly quickly. You DONT have to pay money to get it. I did not pay and neither did anyone i know.
This is something in india that works well for millions of working class people and its much better than the SS mess that is here.
Dear friend
my money is also stucked in PPF a/c.
Can u tell me how can proceed to clse my a/c there and get my money at my home add.
thanks
kek
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sam_hoosier
12-13 03:30 PM
:D I am with you on this.
How is this fraud ? What he is doing is legal ;)
How is this fraud ? What he is doing is legal ;)
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isantem
07-29 01:20 PM
Why is there no country limits for asylum, lottery and Green cards for undocumented in CIR bill?
asylum - you are very funny
lottery - acctualy they have a country limit
green card - :confused:
undocumented - we are talking about legal immigration (for gk_2000 also)
Country limits is just a disguise for racism. !
explain your logic please...........the limits are not based on Asian, African, Indian,etc........please check the dictionary to find out what it means racism.
Thanks
asylum - you are very funny
lottery - acctualy they have a country limit
green card - :confused:
undocumented - we are talking about legal immigration (for gk_2000 also)
Country limits is just a disguise for racism. !
explain your logic please...........the limits are not based on Asian, African, Indian,etc........please check the dictionary to find out what it means racism.
Thanks
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senthil1
04-09 01:44 PM
One other solution is counting of Cap should be based on starting of employment. Then companies will not apply thousands at a time and they will apply only genuine cases when it is required. Implementation is difficult but there should be a way.
Or instead of lottery some other criteria can be applied like qualification,salary and company
Guys n Gals,
I feel your pain with regards to consulting firms, but do not blame them for your issues. I know quite a few people from top tier universities in India/US who work for consulting firms and make at least 2-3X times money than minimum required for h1b. What is wrong with working for consulting firms? Such over generalizations only display ignorance and I would advise you to stay away from it.
Best of luck with visa lottery. To alleviate your pain I think you should join hands with IV and try to make the GC process a lot faster that way you don't have to worry about H1 at all. If the provision of admin fixes where one gets to apply for 485 without visa numbers being available goes through, you can go directly from Student OPT to 485 EAD.
Or instead of lottery some other criteria can be applied like qualification,salary and company
Guys n Gals,
I feel your pain with regards to consulting firms, but do not blame them for your issues. I know quite a few people from top tier universities in India/US who work for consulting firms and make at least 2-3X times money than minimum required for h1b. What is wrong with working for consulting firms? Such over generalizations only display ignorance and I would advise you to stay away from it.
Best of luck with visa lottery. To alleviate your pain I think you should join hands with IV and try to make the GC process a lot faster that way you don't have to worry about H1 at all. If the provision of admin fixes where one gets to apply for 485 without visa numbers being available goes through, you can go directly from Student OPT to 485 EAD.
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nozerd
01-17 06:03 PM
techysingh,
This is what I wrote. I just faxed last Tuesday and havent heard from either Congressman or Senator. To this letter I also attached a copy of my I 140 approval (shows PD), a copy of I 485 receipt notice and 2 service requests that were started for me.
Congressman XYZ,
Subject: Request for assistance with delayed Immigration Petition
Dear Sir,
I would like to request your assistance with a pending petition with USCIS that has seen an undue delay in processing. This I 485 petition (Application to Adjust to Permanent Resident Status) and has been pending at the Texas Service Center since it was received. The receipt date is June 15, 2007 which is prior to what is currently listed as the processing date on the USCIS website (current processing date listed as of September 30, 2008 is June 27, 2007. USCIS has not updated the processing dates after September 30, 2008 on their website).
My Priority date of August 9th, 2001 is current for my case category EB3 India. I have requested a status update from the USCIS service center and 2 service requests were started on my behalf but I have not heard anything or seen any progress on my case.
I would appreciate any assistance in speeding the processing of this petition. I am enclosing relevant receipts and letters. Please let me know if you need any further information.
Sincerely,
nozerd
This is what I wrote. I just faxed last Tuesday and havent heard from either Congressman or Senator. To this letter I also attached a copy of my I 140 approval (shows PD), a copy of I 485 receipt notice and 2 service requests that were started for me.
Congressman XYZ,
Subject: Request for assistance with delayed Immigration Petition
Dear Sir,
I would like to request your assistance with a pending petition with USCIS that has seen an undue delay in processing. This I 485 petition (Application to Adjust to Permanent Resident Status) and has been pending at the Texas Service Center since it was received. The receipt date is June 15, 2007 which is prior to what is currently listed as the processing date on the USCIS website (current processing date listed as of September 30, 2008 is June 27, 2007. USCIS has not updated the processing dates after September 30, 2008 on their website).
My Priority date of August 9th, 2001 is current for my case category EB3 India. I have requested a status update from the USCIS service center and 2 service requests were started on my behalf but I have not heard anything or seen any progress on my case.
I would appreciate any assistance in speeding the processing of this petition. I am enclosing relevant receipts and letters. Please let me know if you need any further information.
Sincerely,
nozerd
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amit_p27
06-20 07:37 AM
Congratulation...
I hate to see you leaving, you need to fight for others. Who knows somebody close to you might get stuck in this mess. IF everybody leave just because they got what they need than its not fair. If you think IV has helped you in any way then each of us put some effort to help IV and its members.
Again congrates and hope you become more active in coming days.
Thanks.
Today is the next day of my GC freedom, and I am still on this forum, I didnot mean to leave the Forum, I still support IV with all my heart.......:D
I hate to see you leaving, you need to fight for others. Who knows somebody close to you might get stuck in this mess. IF everybody leave just because they got what they need than its not fair. If you think IV has helped you in any way then each of us put some effort to help IV and its members.
Again congrates and hope you become more active in coming days.
Thanks.
Today is the next day of my GC freedom, and I am still on this forum, I didnot mean to leave the Forum, I still support IV with all my heart.......:D
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starscream
06-23 09:38 PM
Related article:
Cornyn Calls on Obama to Present Immigration Reform Plan - Roll Call (http://www.rollcall.com/news/36174-1.html)
Cornyn Calls on Obama to Present Immigration Reform Plan
Sen. John Cornyn (R-Texas) on Tuesday called on President Barack Obama to come up with a comprehensive immigration plan this year, saying a directive from the White House is the only way to push the complex issue forward.
�What we need is not another photo op at the White House. What we need now is a plan from the president,� said Cornyn, ranking member on the Judiciary Subcommittee on Immigration, Refugees and Border Security.
�The president doesn�t write legislation, but he does have the bully pulpit,� Cornyn said, adding that right now �it�s unclear how they can get it finished.�
Cornyn is one of several lawmakers who will meet with administration officials Thursday to discuss immigration policy. White House spokesman Robert Gibbs acknowledged Monday that time may run out this year before the administration and Congress � already spread thin with health care and climate change legislation � can take up yet another time-consuming and sweeping proposal.
Minority Leader Mitch McConnell (R-Ky.) echoed those concerns: �We�ve got a full plate already.�
�There�s been little discussion from our side on immigration reform. I�ve honestly not given it a lot of thought,� McConnell said.
But Majority Leader Harry Reid (D-Nev.) reiterated his call for doing a comprehensive immigration reform bill this year.
�We have to finish health care and climate change, but being third on the list is pretty good,� Reid said, predicting that he could muster up the votes for a bill later this year.
Sen. Charles Schumer (D-N.Y.), who chairs the immigration subpanel, will deliver an address on immigration at Georgetown University on Wednesday and is expected to outline �the principles that will guide legislation he intends to introduce in the Senate later this year,� according to a release.
Schumer will also attend the White House meeting Thursday.
Cornyn Calls on Obama to Present Immigration Reform Plan - Roll Call (http://www.rollcall.com/news/36174-1.html)
Cornyn Calls on Obama to Present Immigration Reform Plan
Sen. John Cornyn (R-Texas) on Tuesday called on President Barack Obama to come up with a comprehensive immigration plan this year, saying a directive from the White House is the only way to push the complex issue forward.
�What we need is not another photo op at the White House. What we need now is a plan from the president,� said Cornyn, ranking member on the Judiciary Subcommittee on Immigration, Refugees and Border Security.
�The president doesn�t write legislation, but he does have the bully pulpit,� Cornyn said, adding that right now �it�s unclear how they can get it finished.�
Cornyn is one of several lawmakers who will meet with administration officials Thursday to discuss immigration policy. White House spokesman Robert Gibbs acknowledged Monday that time may run out this year before the administration and Congress � already spread thin with health care and climate change legislation � can take up yet another time-consuming and sweeping proposal.
Minority Leader Mitch McConnell (R-Ky.) echoed those concerns: �We�ve got a full plate already.�
�There�s been little discussion from our side on immigration reform. I�ve honestly not given it a lot of thought,� McConnell said.
But Majority Leader Harry Reid (D-Nev.) reiterated his call for doing a comprehensive immigration reform bill this year.
�We have to finish health care and climate change, but being third on the list is pretty good,� Reid said, predicting that he could muster up the votes for a bill later this year.
Sen. Charles Schumer (D-N.Y.), who chairs the immigration subpanel, will deliver an address on immigration at Georgetown University on Wednesday and is expected to outline �the principles that will guide legislation he intends to introduce in the Senate later this year,� according to a release.
Schumer will also attend the White House meeting Thursday.
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gcgreen
08-12 05:28 PM
No. The way I understand it, the new employer is offering you a permanent job in the same/similar job classification. So you work for the new employer in a permanent capacity after you receive the green card.
I have a question....Green card is for future employment.In that case,once your I-485 got approved ,you need to go and work for your original employer who sponsered your green card. Is that right? Is that the same case if someone uses AC21?
I have a question....Green card is for future employment.In that case,once your I-485 got approved ,you need to go and work for your original employer who sponsered your green card. Is that right? Is that the same case if someone uses AC21?
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gc_kaavaali
06-05 10:52 AM
I think for few people this might be bad news. Some people changed their job without I-140 being approved. Sorry guys...i used AC21 but i have approved I-140.
Form I-140 Petition Must be Approved Prior to a Favorable Determination of a �106(c) AC21 portability request.
On October 18, 2005, USCIS designated Matter of Al Wazzan, A95 253 422 (Jan. 12, 2005) as a USCIS Adopted Decision. This AAO decision established that a petition that is deniable (i.e., not approvable), whether or not the petition is denied 180 days or more after the filing of the adjustment of status application, cannot serve as the basis for approval of adjustment of status to permanent residence under the portability provision of INA � 204(j). An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.
Form I-140 Petition Must be Approved Prior to a Favorable Determination of a �106(c) AC21 portability request.
On October 18, 2005, USCIS designated Matter of Al Wazzan, A95 253 422 (Jan. 12, 2005) as a USCIS Adopted Decision. This AAO decision established that a petition that is deniable (i.e., not approvable), whether or not the petition is denied 180 days or more after the filing of the adjustment of status application, cannot serve as the basis for approval of adjustment of status to permanent residence under the portability provision of INA � 204(j). An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.
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imm_pro
06-13 01:45 AM
Man..great find...nice article..from probably the most reliable organization which no one can dare contardict.
JA1HIND
01-26 06:00 PM
hey thanks for the replies....
I talked to the employer and he says that this is a standard clause that is put in almost every company's offer letter. While I am experienced and dont need trainings, there are other candidate who will go through some trainings prior to start of work. The company does not want to loose the training costs incurred for those candidates who may leave them just after completing the training. And hence the clause.
I need one advise from you all...In case I do not take any training from the company, and decide to leave the company after some duration, will I be liable to pay something to the company considering the above clause? Is there a way the company can prove that I went through a training when I actually did not? Is my position safe?
be careful with what your employer say's "....that this is a standard clause that is put in almost every company's offer letter."..one thing is for sure, if its written in terms & condition or some type of agreement, I don't understand how can your employer say that its standard clause.....is he/she gone out their brains??
You take training or don't take training and still planning to leave before agreed contract then company will have full support legally to BURN YOUR A** at any time if they need to....(FYI- I am the personal victim and ended up paying 7K..which hurts when I think about it....) and just wanted to warn you to be careful before you make any such decisions and might end up something like what happen to me....
I talked to the employer and he says that this is a standard clause that is put in almost every company's offer letter. While I am experienced and dont need trainings, there are other candidate who will go through some trainings prior to start of work. The company does not want to loose the training costs incurred for those candidates who may leave them just after completing the training. And hence the clause.
I need one advise from you all...In case I do not take any training from the company, and decide to leave the company after some duration, will I be liable to pay something to the company considering the above clause? Is there a way the company can prove that I went through a training when I actually did not? Is my position safe?
be careful with what your employer say's "....that this is a standard clause that is put in almost every company's offer letter."..one thing is for sure, if its written in terms & condition or some type of agreement, I don't understand how can your employer say that its standard clause.....is he/she gone out their brains??
You take training or don't take training and still planning to leave before agreed contract then company will have full support legally to BURN YOUR A** at any time if they need to....(FYI- I am the personal victim and ended up paying 7K..which hurts when I think about it....) and just wanted to warn you to be careful before you make any such decisions and might end up something like what happen to me....
lazycis
01-26 05:44 PM
Title IV, Pub.L. 105-277 (October 21, 1998) "Workforce Improvement Act" (ACWIA) of 1998
http://www.nafsa.org/_/Document/_/acwia_-_american_competitiveness.pdf
Sec. 413 (a)
��(vi)(I) It is a violation of this clause for an employer who has filed an application under this subsection to require an H�1B nonimmigrant to pay a penalty for ceasing employment with the employer prior to a date agreed to by the nonimmigrant and the employer." The employer will not be able to get anything from you. Again, it does not matter whether you sign it or not, the clause has no legal power.
http://www.nafsa.org/_/Document/_/acwia_-_american_competitiveness.pdf
Sec. 413 (a)
��(vi)(I) It is a violation of this clause for an employer who has filed an application under this subsection to require an H�1B nonimmigrant to pay a penalty for ceasing employment with the employer prior to a date agreed to by the nonimmigrant and the employer." The employer will not be able to get anything from you. Again, it does not matter whether you sign it or not, the clause has no legal power.
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