BharatPremi
07-06 12:51 PM
I would not worry much about whether we receive our package back or not. Because If USCIS is "rejecting" then how would you/your lawyer know that it has "rejected" it unless it sends the crap back. So legally USCIS HAS to return /mail back to you otherwise it will face another lawsuite. The real question is How it will reject it? Would it open a package and check for insufficient/improper documents and put a note about it and then reject it OR just put a note of rejection on closed envelope and returned back without opening it? In second case we are absolutely fine as far as second time filing is concerned but guys in first scenario if you really send insufficient documents/improper documents then your case may be screwed permanently for second time filing. Actually people MUST ask about this to their lawyers before jumping into the bandwagon. I have asked and waiting for my lawyer's response.
wallpaper University of Kentucky
Humhongekamyab
01-15 02:48 PM
From the above link: "Police say the suspect fits the description of a gunman who robbed another man earlier this morning on Michael Road, and shot him in the leg. The victim in that incident is expected to recover".
Indian news sites are saying the guy is dead! donno what to believe
The news item was posted on January 13th and it appears at that time the guy was only wounded in the leg. I think he was declared dead in the hospital.
Indian news sites are saying the guy is dead! donno what to believe
The news item was posted on January 13th and it appears at that time the guy was only wounded in the leg. I think he was declared dead in the hospital.
chanduv23
04-08 01:53 PM
What about non Indians? Will Indian govt welcome them to join the Indian workforce?
2011 University of Kentucky
waitforgc1
04-06 11:56 AM
usually around 15 of every month
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franklin
04-26 08:50 PM
Great job guys! Keep up the good work. The article has given much needed exposure to the problems of Employment Based Green Card Process and the plight of skilled workers from India and China. I am really happy that ImmigrationVoice has taken this endenvor and are pursuing it so professionally. I am going ahead and contributing $200 for the efforts.
All the Best
asp
I would like to point out that it is not just skilled workers from India and China that are affected.
All the Best
asp
I would like to point out that it is not just skilled workers from India and China that are affected.
chanduv23
08-14 07:29 AM
With the help of Macca , Franklin, Andy Gracia and others, I intend to finalize it today. Will try to hold a conference call later in a evening for the final tits bits.
In next couple of days, we shoud release this for printing....
What time? I can join - call me
This is very important - we create this kind of awareness.
In next couple of days, we shoud release this for printing....
What time? I can join - call me
This is very important - we create this kind of awareness.
more...
chanduv23
06-12 01:26 PM
Your frustration is understandable. But, the reason for such a situation is not because of IV.
Things are not working for a lot of people and yes, things are very very difficult.
Behind thee scenes IV is building a strong organization. People approach IV saying they can help in all possible ways, IV coordinator talks to them and coordinates efforts.
Lots of efforts are happening in background.
Fresh new ideas are welcome and initiatives are also welcome. Today I started a new campaign along with a team dedicated for this. Behind the scenes I picked some real good members , talked to them and everyone are charged up to do something.
On an open forum all IV can say isJoj a state chapter, donate to IV.
So if you are interested, contact IV and someone will connect with you
Things are not working for a lot of people and yes, things are very very difficult.
Behind thee scenes IV is building a strong organization. People approach IV saying they can help in all possible ways, IV coordinator talks to them and coordinates efforts.
Lots of efforts are happening in background.
Fresh new ideas are welcome and initiatives are also welcome. Today I started a new campaign along with a team dedicated for this. Behind the scenes I picked some real good members , talked to them and everyone are charged up to do something.
On an open forum all IV can say isJoj a state chapter, donate to IV.
So if you are interested, contact IV and someone will connect with you
2010 university of kentucky
sandiboy
07-19 02:08 PM
EB3/Sent Via Fedex/Reached NSC Jul 2nd @ 7:55 AM
more...
drsnh123
06-18 06:39 PM
hello friends,
i am new to tis forum. i am a physician MD and is suppose to start job in october 2007. i would like to know whether my employer can file PERM as prospective employee now in june for job to be started in oct 2007.
i am from india and want to make the best use of our PDS being current. thanks in advance for answering
i am new to tis forum. i am a physician MD and is suppose to start job in october 2007. i would like to know whether my employer can file PERM as prospective employee now in june for job to be started in oct 2007.
i am from india and want to make the best use of our PDS being current. thanks in advance for answering
hair use it as their wallpaper.
franklin
08-12 02:25 AM
My request for help on the following post http://immigrationvoice.org/forum/showthread.php?t=12255 is not going well, I am still waiting to hear from analytical minds.
Anyways, we are in process of creating an eye opener fact sheet that we will be distributed with the promotional fliers. The objective of the fact sheet is create a sense of urgency and draw people's interest to DC rally.
I am looking for ideas as to what to put in the fact sheet, while I am still waiting to hear on my other post.
Please contribute you thoughts. We need to get this completed in couple of days.
Will send info asap when I'm done with a few other action items. I do encourage further breakdown based on area of chargability, but this is a great idea.
Please contribute folks!
Anyways, we are in process of creating an eye opener fact sheet that we will be distributed with the promotional fliers. The objective of the fact sheet is create a sense of urgency and draw people's interest to DC rally.
I am looking for ideas as to what to put in the fact sheet, while I am still waiting to hear on my other post.
Please contribute you thoughts. We need to get this completed in couple of days.
Will send info asap when I'm done with a few other action items. I do encourage further breakdown based on area of chargability, but this is a great idea.
Please contribute folks!
more...
chanduv23
09-19 03:40 PM
Here is my dilemma--
MY INFO---
Occupation -- Physician
EB2, INDIA, PD APR 2006, EAD renewed till sept 2010, H1 valid till feb 2010 (non-profit company), I-140 approved, I-485 filed July 2007
I have a very good job offer and I really want to get out of my present job. They expexct me to start work next year in about apr 2008-- The new job is not in my present state but I am freaked out about using AC 21 for following reasons:
-New company has no clue about H1 and they cannot file H1 any way because they are "for profit" and my h1 is presently from non profit and the QUOTA is now over. My occupation still remains same -(I am a physician ---no way to change occupation -- still have to do same job !)
-New company can only give me a generic letter for employment (EVL) ---
"To whomsoever ---etc..it may concern..and only briefly describing my title and job description"
--- My questions to respected IV members
1) should I invoke Ac 21 ??-- I am worried that the EVL may not meet USCIS needs as it may not be fully detailed
2) The other option I have is to take a leave of absence from my present company for one year and start working for the new company? IN this case what happens if I get RFE for EVL ? Which company should I say I am working for present or the future ?
PLEASE HELP I am very confused--- I strongly feel that the leave of absence might be an insurance policy but I don't know how to approach it !!
If you are past 180 days after filing 485 you can change jobs using H1b transfer or EAD. If you use EAD it does not matter if it is profit or non profit.
Your new employer can send letter in any format, but 99% chances that your AC21 will never reach your file - because there is no system in place for it. USCIS treat AC21 letter as response to an RFE - so if you change job you are fine - make sure you update your address on file so that if they send an RFE, you can respond to it, always use a lawyer for everything. In case your ex employer requests USCIS to revoke your 140 then you may get a NOID which is also treated as an RFE. A lot of Visa Officers do not know about AC21 portability - I met one such officer during Infopass and she had no clue about it - may send a denial on 485 - in such cases your case can be reopened through MTR.
You may not even get an RFE at times and things could just be as fine. Hope this helps.
Also consult with an Attorney - it really really helps
MY INFO---
Occupation -- Physician
EB2, INDIA, PD APR 2006, EAD renewed till sept 2010, H1 valid till feb 2010 (non-profit company), I-140 approved, I-485 filed July 2007
I have a very good job offer and I really want to get out of my present job. They expexct me to start work next year in about apr 2008-- The new job is not in my present state but I am freaked out about using AC 21 for following reasons:
-New company has no clue about H1 and they cannot file H1 any way because they are "for profit" and my h1 is presently from non profit and the QUOTA is now over. My occupation still remains same -(I am a physician ---no way to change occupation -- still have to do same job !)
-New company can only give me a generic letter for employment (EVL) ---
"To whomsoever ---etc..it may concern..and only briefly describing my title and job description"
--- My questions to respected IV members
1) should I invoke Ac 21 ??-- I am worried that the EVL may not meet USCIS needs as it may not be fully detailed
2) The other option I have is to take a leave of absence from my present company for one year and start working for the new company? IN this case what happens if I get RFE for EVL ? Which company should I say I am working for present or the future ?
PLEASE HELP I am very confused--- I strongly feel that the leave of absence might be an insurance policy but I don't know how to approach it !!
If you are past 180 days after filing 485 you can change jobs using H1b transfer or EAD. If you use EAD it does not matter if it is profit or non profit.
Your new employer can send letter in any format, but 99% chances that your AC21 will never reach your file - because there is no system in place for it. USCIS treat AC21 letter as response to an RFE - so if you change job you are fine - make sure you update your address on file so that if they send an RFE, you can respond to it, always use a lawyer for everything. In case your ex employer requests USCIS to revoke your 140 then you may get a NOID which is also treated as an RFE. A lot of Visa Officers do not know about AC21 portability - I met one such officer during Infopass and she had no clue about it - may send a denial on 485 - in such cases your case can be reopened through MTR.
You may not even get an RFE at times and things could just be as fine. Hope this helps.
Also consult with an Attorney - it really really helps
hot University of Kentucky
go_guy123
07-02 10:27 AM
another angle is that if the law itself violates the constitution - there is a separate procedure to appeal against such a law (like may suits going on in state courts on laws related to gay rights) - however USCIS would not be party to such a lawsuit since USCIS does not make laws. one would need not only a good immigration lawyer but also a constitutional expert for a venture like this.
Yes true. This is the only angle that is viable in theory. All that can be done is challenge that the per country quota violates the constitution. Then the judge can strike that clause off.
Besides this it needs a law change.
Yes true. This is the only angle that is viable in theory. All that can be done is challenge that the per country quota violates the constitution. Then the judge can strike that clause off.
Besides this it needs a law change.
more...
house Louisiana Tech University
pmpforgc
07-15 10:34 PM
Can some of experienced guyes answer my question about the DISABILITY INSURANCE.
Some of you guys looks like confusing DISABILITY RIDER in the TERM/WHOLE policy with DISABILITY INSURANCE.
DISABILITY INSURNACE will pay for (in Most case 60% of the last salary) if you become PERMANENTLY DISABLED and can not work up to the age of 62 or 65. After that SS will pay for you.
DISABILITY RIDER that you have with extra cost in the LIFE INSURANCE policy cancel payment requirement of your Life Insurance policy. So If you become Disabled You WILL NOT HAVE TO PAY PREMIUM for your TERM/WHOLE Life policy and still it will be effective.
Because of my one of the diseases I am always worried about DISABILITY insurance.
I always try to get Short term and Long Term disability insurances through employer.
But the problem is they always start with long preexisting exlusions and when you change jobs they dont continue so have to start new one which also has other new preexisting exlusions to start.
You can convert your longterm disability to the personal policy if you have that for long time. but they are not valid if you get new job.
Is there any private/personal (not employer sponsored) Short and long term DISABILITY Insurance policies that we can purchase out side of the job.? How are the premiums? Are they reliable?
also do any of you know case where LIFE INSURANCE was actually paid and how easy/hard the process was for family?
Also similar experiences if some one know if any one used DISABILITY INSURANCE and how hard it was?
Some of you guys looks like confusing DISABILITY RIDER in the TERM/WHOLE policy with DISABILITY INSURANCE.
DISABILITY INSURNACE will pay for (in Most case 60% of the last salary) if you become PERMANENTLY DISABLED and can not work up to the age of 62 or 65. After that SS will pay for you.
DISABILITY RIDER that you have with extra cost in the LIFE INSURANCE policy cancel payment requirement of your Life Insurance policy. So If you become Disabled You WILL NOT HAVE TO PAY PREMIUM for your TERM/WHOLE Life policy and still it will be effective.
Because of my one of the diseases I am always worried about DISABILITY insurance.
I always try to get Short term and Long Term disability insurances through employer.
But the problem is they always start with long preexisting exlusions and when you change jobs they dont continue so have to start new one which also has other new preexisting exlusions to start.
You can convert your longterm disability to the personal policy if you have that for long time. but they are not valid if you get new job.
Is there any private/personal (not employer sponsored) Short and long term DISABILITY Insurance policies that we can purchase out side of the job.? How are the premiums? Are they reliable?
also do any of you know case where LIFE INSURANCE was actually paid and how easy/hard the process was for family?
Also similar experiences if some one know if any one used DISABILITY INSURANCE and how hard it was?
tattoo University of Kentucky
chanduv23
10-04 03:14 PM
^^^^^^^^^^^
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pictures PSP wallpaper featuring
pappu
08-12 09:41 PM
I am shocked too. 2 members who I called on phone were abusive. They started blaming Aman Kapoor saying that he is rubbing his idealogies over already stressed immigrants - this was ridiculous and I am so sad that people have such thoughts.
If people are scared or want to live in Shadows why abuse IV who are truly committed for a cause???? These are the same people writing rubbish on those threads that ran 200 pages when they were waiting for USCIS announcement.
Singsa - u r doing a great job. Lets be persistant with the fact sheet.
Let people say what they want to say. Every big effort will have people who will have difference of opinion. The work needs to go on and only then it will benefit the community. If we stop this work because someone is upset or feels that GC is not a big deal for them, then it will not help anyone, but hurt this cause. If someone has concerns then they should contact us or come to DC for the rally and meet us. We will talk to you and answer questions you may have.
If people are scared or want to live in Shadows why abuse IV who are truly committed for a cause???? These are the same people writing rubbish on those threads that ran 200 pages when they were waiting for USCIS announcement.
Singsa - u r doing a great job. Lets be persistant with the fact sheet.
Let people say what they want to say. Every big effort will have people who will have difference of opinion. The work needs to go on and only then it will benefit the community. If we stop this work because someone is upset or feels that GC is not a big deal for them, then it will not help anyone, but hurt this cause. If someone has concerns then they should contact us or come to DC for the rally and meet us. We will talk to you and answer questions you may have.
dresses University Of Kentucky
glus
07-09 12:23 PM
bump. i sent my flowers today. Guys, it is only few minutes of work and can have a TREMENDOUS meaning for us and our families. Please do the same and send the flowers with IV message. Thank You.
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makeup 2004-05 Kentucky Wildcats
pune_guy
09-19 07:26 PM
Hi,
I have a question about leave of absense. Does it mean that you are still employed with them if you apply for LOA? If yes then you cannot work for another employer at the same time, not on H1B atleast.
I would like the gurus to share their opinion of the following option:
Join the new job and start working there. If there is an RFE in future then you can go to your old employer and ask for a offer letter (with the promise that you may or may not joined them) and also one from your current (old) employer. If the adjucating officer says that the letter from the current employer does not qualify under the same/similar category then you can show him the letter from the old employer offering you a job. This will satisfy the requirements of having a job offer at the time of adjudication. Though in this case you will have to join your old employer.
Gurus: Is this possible? Or are there kinks in this theory?
I have a question about leave of absense. Does it mean that you are still employed with them if you apply for LOA? If yes then you cannot work for another employer at the same time, not on H1B atleast.
I would like the gurus to share their opinion of the following option:
Join the new job and start working there. If there is an RFE in future then you can go to your old employer and ask for a offer letter (with the promise that you may or may not joined them) and also one from your current (old) employer. If the adjucating officer says that the letter from the current employer does not qualify under the same/similar category then you can show him the letter from the old employer offering you a job. This will satisfy the requirements of having a job offer at the time of adjudication. Though in this case you will have to join your old employer.
Gurus: Is this possible? Or are there kinks in this theory?
girlfriend university of kentucky
sbabunle
03-28 04:18 PM
Dear Coolstonesa
No I did not forget the pain of that LC. And I'll never forget that in my life either. All that I said was we should prioritize our issues. If everybody says PBEC issue is the once that should get more focus, I've no problem with that
either.
All that I was trying to say is that now is the time to take care of retrogression. If we miss this chance
we may have to wait a long time. We will get more time to work on BECs down the lane. And nobody is
seeing BEC issue a non serious one. Everybody understands it.
thank you and good luck to all
babu.
No I did not forget the pain of that LC. And I'll never forget that in my life either. All that I said was we should prioritize our issues. If everybody says PBEC issue is the once that should get more focus, I've no problem with that
either.
All that I was trying to say is that now is the time to take care of retrogression. If we miss this chance
we may have to wait a long time. We will get more time to work on BECs down the lane. And nobody is
seeing BEC issue a non serious one. Everybody understands it.
thank you and good luck to all
babu.
hairstyles University of Kentucky (School
mariner5555
05-13 02:56 PM
Based on what?
EB1 is more qualified than other categories and is seen as someone who is in a better position to contribute to the national welfare of the country. EB3 is the least qualified of the three and is also the most likely candidate to displace an American.
And you think America should throttle the flow on qualified EB1 and be more generous with EB3?
EB2 is different however. Most EB2 are people who were EB3 earlier (like myself). For such people, there is a provision to upgrade to EB2 through interfiling - as option that is being heavily used even as we speak. So where is the problem? I am talking about a person (like 485mbe - the one who has posted next to yr post) who has a PD of 2001 ..I am not saying that they should give Eb2's quota to EB3 ..but they should try to pull the category that is worst affected..or atleast give EB3 something ..
my question to you is ..say in the year 2010, would u support a situation where all categories are current or at 1 year difference ...while a particular category (eb3 I in this case) is at 2001 ??.. even if you do ..my feeling is that USCIS will try to pull EB3 - I (if something like above happens)..but then they are just a govt agency ..and in the end they are similar to govt agency in India ..only difference is that maybe little better
can I force them to do something just --No. can I pray for it -- maybe ..should I be ready for it (i.e. Eb3 - still in 2001 - 2002) - definitely !!
actually Eb3 - I should try and see something positive from this (I know it is difficult) ..maybe this long queue may motivate them to work harder or to get additional certifications (as I do ..) ...also, in my case, this delay in GC ..prevented me from buying a house when the prices were at peak ..(there is no doubt ..that had I got GC in 2006 ,..then I would have rushed to buy a house at inflated prices --far away from the city)
EB1 is more qualified than other categories and is seen as someone who is in a better position to contribute to the national welfare of the country. EB3 is the least qualified of the three and is also the most likely candidate to displace an American.
And you think America should throttle the flow on qualified EB1 and be more generous with EB3?
EB2 is different however. Most EB2 are people who were EB3 earlier (like myself). For such people, there is a provision to upgrade to EB2 through interfiling - as option that is being heavily used even as we speak. So where is the problem? I am talking about a person (like 485mbe - the one who has posted next to yr post) who has a PD of 2001 ..I am not saying that they should give Eb2's quota to EB3 ..but they should try to pull the category that is worst affected..or atleast give EB3 something ..
my question to you is ..say in the year 2010, would u support a situation where all categories are current or at 1 year difference ...while a particular category (eb3 I in this case) is at 2001 ??.. even if you do ..my feeling is that USCIS will try to pull EB3 - I (if something like above happens)..but then they are just a govt agency ..and in the end they are similar to govt agency in India ..only difference is that maybe little better
can I force them to do something just --No. can I pray for it -- maybe ..should I be ready for it (i.e. Eb3 - still in 2001 - 2002) - definitely !!
actually Eb3 - I should try and see something positive from this (I know it is difficult) ..maybe this long queue may motivate them to work harder or to get additional certifications (as I do ..) ...also, in my case, this delay in GC ..prevented me from buying a house when the prices were at peak ..(there is no doubt ..that had I got GC in 2006 ,..then I would have rushed to buy a house at inflated prices --far away from the city)
ItIsNotFunny
10-03 01:53 PM
Although USCIS guidances are not binding, you might want to pay attention to the below (was not able to upload the attachment, you might want to google for it)
To: REGIONAL DIRECTORS
SERVICE CENTER DIRECTORS
From: Michael Aytes
Acting Director of Domestic Operations
Date: December 27, 2005
Re: Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and
H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of
2000 (AC21) (Public Law 106-313)
Question 7. Should service centers or district offices request proof of �ability to pay� from
successor employers in I-140 portability cases, in other words, from the new
company/employer to which someone has ported?
Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational
classification as the alien�s I-140 employment. It may be appropriate to confirm the legitimacy of a
new employer and the job offer through an RFE to the adjustment applicant for relevant information
about these issues. In an adjustment setting, public charge is also a relevant inquiry.
Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a
"same or similar" occupational classification as the job for which the original I-140 petition was filed.
Second, it may be appropriate to confirm that the new employer and the job offer are legitimate
through an RFE to the adjustment applicant for relevant information about these issues. Third, as
with any portability case, USCIS will focus on whether the I-140 petition represented the truly
intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
intent, but in appropriate cases additional evidence or investigation may be appropriate.
Do you believe IOs understand any of these complex rules? Few days before someone posted that at the time of final GC interview IO even didn't know at all about July fiasco!
To: REGIONAL DIRECTORS
SERVICE CENTER DIRECTORS
From: Michael Aytes
Acting Director of Domestic Operations
Date: December 27, 2005
Re: Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and
H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of
2000 (AC21) (Public Law 106-313)
Question 7. Should service centers or district offices request proof of �ability to pay� from
successor employers in I-140 portability cases, in other words, from the new
company/employer to which someone has ported?
Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational
classification as the alien�s I-140 employment. It may be appropriate to confirm the legitimacy of a
new employer and the job offer through an RFE to the adjustment applicant for relevant information
about these issues. In an adjustment setting, public charge is also a relevant inquiry.
Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a
"same or similar" occupational classification as the job for which the original I-140 petition was filed.
Second, it may be appropriate to confirm that the new employer and the job offer are legitimate
through an RFE to the adjustment applicant for relevant information about these issues. Third, as
with any portability case, USCIS will focus on whether the I-140 petition represented the truly
intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
intent, but in appropriate cases additional evidence or investigation may be appropriate.
Do you believe IOs understand any of these complex rules? Few days before someone posted that at the time of final GC interview IO even didn't know at all about July fiasco!
Administrator2
04-17 03:56 PM
Hi h1techslave,
Please check your email. We have been told by our members to make sure that you are not an anti person. Please check your email.
__________________________________________________ _______
Hi Sanju,
Please be careful when replying to fellow members of the forum. IV core understands that your intensions are good, but be mindful of the other members of the forum. Your posts may be hurtful to some other members of the forum.
Thank you,
Please check your email. We have been told by our members to make sure that you are not an anti person. Please check your email.
__________________________________________________ _______
Hi Sanju,
Please be careful when replying to fellow members of the forum. IV core understands that your intensions are good, but be mindful of the other members of the forum. Your posts may be hurtful to some other members of the forum.
Thank you,
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