chanduv23
11-21 02:01 PM
Dear Mehul,
Sorry to hear about your situation. Our prayers to God to help you in your situation.
Attorney Prashanti Reddy has been involved in a lot of pro bono work especially for spouses of 9/11 victims. You can contactt her, let me know if you want to get her consultation. She is a big supporter of IV.
Like everyone here said, things change. I am sure things will go well for you.
Chandrakanth
Sorry to hear about your situation. Our prayers to God to help you in your situation.
Attorney Prashanti Reddy has been involved in a lot of pro bono work especially for spouses of 9/11 victims. You can contactt her, let me know if you want to get her consultation. She is a big supporter of IV.
Like everyone here said, things change. I am sure things will go well for you.
Chandrakanth
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checklaw
11-17 07:16 PM
checklaw
h1techSlave
03-10 05:56 PM
"There goes my people, I must follow them."
I may sound some what negative here but I am not trying to diminish the IV plat form for all the folks here.Yes, it is just "about us" only... what "IV core" did so far is vague....flower campaign and this current FOIA requests started randomly by the individuals thinking collectively.... I don't think it is started by IV core team as an "ACTION" item in the first place.
I may sound some what negative here but I am not trying to diminish the IV plat form for all the folks here.Yes, it is just "about us" only... what "IV core" did so far is vague....flower campaign and this current FOIA requests started randomly by the individuals thinking collectively.... I don't think it is started by IV core team as an "ACTION" item in the first place.
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diptam
06-26 03:58 PM
After 6-7 months tell the employer that i'm going India for ever due to personal reasons - you know its not feasible for me to pay.
They can't cancel 140 after 6 months from approval ( or can they?) , they can't substitute the labor because its already used and July 17th has passed.
Then I actually go back to India , spend some time , come back silently because i have a EAD and AP.
Thanks !
No one can force you to work for them. If there is no breakage clause, then the agreement will not stand in court. Issue is when there is a breakage clause. If there is a breakage clause, you may either have to fight it or suck it up and pay the amount (as long as it is a basis for the amount - just saying "pay $10K if you leave the job" will not stand in court either).
Usual disclaimer is - this is not legal advice. Consult a lawyer for good legal advice.
They can't cancel 140 after 6 months from approval ( or can they?) , they can't substitute the labor because its already used and July 17th has passed.
Then I actually go back to India , spend some time , come back silently because i have a EAD and AP.
Thanks !
No one can force you to work for them. If there is no breakage clause, then the agreement will not stand in court. Issue is when there is a breakage clause. If there is a breakage clause, you may either have to fight it or suck it up and pay the amount (as long as it is a basis for the amount - just saying "pay $10K if you leave the job" will not stand in court either).
Usual disclaimer is - this is not legal advice. Consult a lawyer for good legal advice.
more...
HumHongeKamiyab
12-16 05:42 PM
One more AC21 question -
Does the original I 140 stays with the employer or employee? Any other document that I need to get from my employer before switching?
Thanks,
Does the original I 140 stays with the employer or employee? Any other document that I need to get from my employer before switching?
Thanks,
manchala
11-19 09:39 AM
Done and I got it done with few friends also.
I will try contacting them today and will keep u posted..
Best..
RV
I will try contacting them today and will keep u posted..
Best..
RV
more...
dixie
12-12 08:04 PM
Technically, we are applicants for immigrant status who are stuck in non-immigrant status indefinitely. A prospective immigrant is different from one granted legal residency (GC holder). Not sure if it makes a difference or not in the eyes of congressmen.
GCWaitforever, please make sure if stating that you are an immigrant is acceptable or not; in your letter to Sen. Sessions, I mean...
GCWaitforever, please make sure if stating that you are an immigrant is acceptable or not; in your letter to Sen. Sessions, I mean...
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rbusgc
02-02 04:24 PM
[QUOTE=spulapa;2310211]
think about it, there has been slavery here in the united states similar to what has been in India, India is now a secular and democratic country, with opportunities for all, but one has reservation there, so in a similar sense, the blacks/ latino's would also need reservation here ??.
Simple ... Blacks and Latinos are minority in US... and in India so called Backward Castes are the Majority and in a Democracy MAJORITY RULES! .. so Reservations Persists in India!!! :)
think about it, there has been slavery here in the united states similar to what has been in India, India is now a secular and democratic country, with opportunities for all, but one has reservation there, so in a similar sense, the blacks/ latino's would also need reservation here ??.
Simple ... Blacks and Latinos are minority in US... and in India so called Backward Castes are the Majority and in a Democracy MAJORITY RULES! .. so Reservations Persists in India!!! :)
more...
ghost
06-21 10:03 PM
GCBy3000,
You cannot quote a post which is day old and ask the question "what are the hearings for?". Apparently the post you are quoting is made before the news came out that the hearings will be held. Is this GC thing getting on your nerves:)
Good if it happens. But when? What makes it to say it is dead for the lawmakers. If it is likely to be dead by the end of July, then what for the hearings in the month of august before the next recession? No hopes for anything, until something is signed by the president. Any new BILL, agian the same senate, congress, commitee process and KILL it at the end. Hmmm it is just my frustration and I am not blaming anyone. I am there to fight till the end(?? I dunno where the end is though).
Now to the big question, as of today, what is the status of CIR Bill. The hearings will be held in the month of August (House Folks are planning to call in the Senate Members to testify in these hearings, which is impossible because the Senate will be in Recess in the Month of August).
So the most optimistic guess would be that the hearings will be stretched into September. In October, the Senate (I'm assuming even the house) will go on recess again for the elections in November. Once the hearings end (September) and the elections end, depending on who will control the majority, the CIR bill will be brought into day light. The reason I say this is because CIR is the only way, as of now, they are dealing with the border problem. They have no choice but to address the border problem, for security reasons.
So the CIR will be discussed again, optimistically, in december. The House will name the conference committee members and schedule the conference committee. The conference committee may meet and discuss the differences in December/January. I'm confident that both chambers of congress will be more comfortable to deal with CIR after the elections. As I have said earlier, they have no choice but come up with some kind of border security legislation out of the conference committee. Optimistically, CIR may become law by next summer and it would be helpful for us, if our provisions survive the storm.
I agree with the "Passing under the radar" philosophy put forward by IV Core Team. Our best bet is CIR compared to other explicit bills like SKIL. Besides, if I understand SKIL correctly, it benifits only folks with Master's degree in US and 3 years of work experience in a related field (I do have this). So that is not a comprehensive solution for IV members.
The anti-immigration and outsourcing sentiment is high in this country now. Also, the corporations are only lobbying for H-1B visas. They will never lobby for GC's. It's against their interests for us to get GC's. So we, the GC seekers, are on our own. IV membership is below 5000 and our contributions are around 130K. IMO, this is not enough to influence the president to sign an emergency relief bill (someone suggested this) or even lobby the Congress for explicit bills like SKIL.
The best thing that we can do as of now is to get personally involved in recruiting more members for IV. I've pledged to myself that by the end of July, I'll ensure that I'll recruit 10 new members for IV. If we can get our membership atleast close to 50000 by the end of this year then we can make some significant noise.
So our options are:
1) To wait until next summer for CIR
2) EB3 folks with PD's as 2003 or higher, try to find a new job and file as EB2
3) EB2 folks with PD's 2004 or higher, try to find a new job that'll file for GC within 6 months
4) People who are in 7/8/9 years extensions of H1-B, consult good immigration lawyers and weigh in your options. The worst case scenario for you is to stick with your current firm as long as it takes for your GC. But there is no harm in trying, you may end up finding other viable options.
Long post, huh? This GC thing is getting on my nerves too:)
Peace Out!
You cannot quote a post which is day old and ask the question "what are the hearings for?". Apparently the post you are quoting is made before the news came out that the hearings will be held. Is this GC thing getting on your nerves:)
Good if it happens. But when? What makes it to say it is dead for the lawmakers. If it is likely to be dead by the end of July, then what for the hearings in the month of august before the next recession? No hopes for anything, until something is signed by the president. Any new BILL, agian the same senate, congress, commitee process and KILL it at the end. Hmmm it is just my frustration and I am not blaming anyone. I am there to fight till the end(?? I dunno where the end is though).
Now to the big question, as of today, what is the status of CIR Bill. The hearings will be held in the month of August (House Folks are planning to call in the Senate Members to testify in these hearings, which is impossible because the Senate will be in Recess in the Month of August).
So the most optimistic guess would be that the hearings will be stretched into September. In October, the Senate (I'm assuming even the house) will go on recess again for the elections in November. Once the hearings end (September) and the elections end, depending on who will control the majority, the CIR bill will be brought into day light. The reason I say this is because CIR is the only way, as of now, they are dealing with the border problem. They have no choice but to address the border problem, for security reasons.
So the CIR will be discussed again, optimistically, in december. The House will name the conference committee members and schedule the conference committee. The conference committee may meet and discuss the differences in December/January. I'm confident that both chambers of congress will be more comfortable to deal with CIR after the elections. As I have said earlier, they have no choice but come up with some kind of border security legislation out of the conference committee. Optimistically, CIR may become law by next summer and it would be helpful for us, if our provisions survive the storm.
I agree with the "Passing under the radar" philosophy put forward by IV Core Team. Our best bet is CIR compared to other explicit bills like SKIL. Besides, if I understand SKIL correctly, it benifits only folks with Master's degree in US and 3 years of work experience in a related field (I do have this). So that is not a comprehensive solution for IV members.
The anti-immigration and outsourcing sentiment is high in this country now. Also, the corporations are only lobbying for H-1B visas. They will never lobby for GC's. It's against their interests for us to get GC's. So we, the GC seekers, are on our own. IV membership is below 5000 and our contributions are around 130K. IMO, this is not enough to influence the president to sign an emergency relief bill (someone suggested this) or even lobby the Congress for explicit bills like SKIL.
The best thing that we can do as of now is to get personally involved in recruiting more members for IV. I've pledged to myself that by the end of July, I'll ensure that I'll recruit 10 new members for IV. If we can get our membership atleast close to 50000 by the end of this year then we can make some significant noise.
So our options are:
1) To wait until next summer for CIR
2) EB3 folks with PD's as 2003 or higher, try to find a new job and file as EB2
3) EB2 folks with PD's 2004 or higher, try to find a new job that'll file for GC within 6 months
4) People who are in 7/8/9 years extensions of H1-B, consult good immigration lawyers and weigh in your options. The worst case scenario for you is to stick with your current firm as long as it takes for your GC. But there is no harm in trying, you may end up finding other viable options.
Long post, huh? This GC thing is getting on my nerves too:)
Peace Out!
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desi3933
07-09 11:02 PM
Chandu,
1. "W2 Self-employed" is an oxymoron. Self-employed option is possible through 1099. You sure can be self-employed (i.e., not on a W2) with AC21 provision, as the Yates memo clearly says.
Sankap -
Please allow me to explain this in detail. Please feel free to verify this information with attorney of your choice.
1. W2 Self Employed simply means that one has controlling equity in the employer company. For example - I am employed by corp that is, in part, owned by me since I hold a % of shares. I get paid on W2, just like any other employee in the corp.
2. Any memo (including Yates memo) supplements the existing federal regulations. They do not replace them. In any case, memo does not have force of law. In case of contradictory info, memo must "bow" to federal regulations and court rulings.
3. I-140 is for permannet and full time job only. See Page 5 of
http://www.uscis.gov/files/form/i-140instr.pdf
4. Also, read this. It says 'Permanent Employment'
OFLC Frequently Asked Questions and Answers (http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#effdate1)
Question: What is the effective date of the new Labor Certification for the Permanent Employment of Aliens in the United States, or PERM, regulation?
Answer: The PERM regulation is effective March 28, 2005, and applies to labor certification applications for the permanent employment of aliens filed on or after that date.
5. AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time.
6. Permanent Job does not mean "forever", It simply means that duration of employment is not known. A job with 6 year contract is a temporary job (since duration is known), hence all H-1B jobs are temporary in nature and called guest workers. A permanent can be terminated at any time, at will, or as agreed notice by both parties.
7. One is not required to notify AC-21 job, but should e ready to respond to EVL RFE that can come any time.
8. Most of the full time exempt jobs in this country are permanent in nature.
___________________
Not a legal advice.
1. "W2 Self-employed" is an oxymoron. Self-employed option is possible through 1099. You sure can be self-employed (i.e., not on a W2) with AC21 provision, as the Yates memo clearly says.
Sankap -
Please allow me to explain this in detail. Please feel free to verify this information with attorney of your choice.
1. W2 Self Employed simply means that one has controlling equity in the employer company. For example - I am employed by corp that is, in part, owned by me since I hold a % of shares. I get paid on W2, just like any other employee in the corp.
2. Any memo (including Yates memo) supplements the existing federal regulations. They do not replace them. In any case, memo does not have force of law. In case of contradictory info, memo must "bow" to federal regulations and court rulings.
3. I-140 is for permannet and full time job only. See Page 5 of
http://www.uscis.gov/files/form/i-140instr.pdf
4. Also, read this. It says 'Permanent Employment'
OFLC Frequently Asked Questions and Answers (http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#effdate1)
Question: What is the effective date of the new Labor Certification for the Permanent Employment of Aliens in the United States, or PERM, regulation?
Answer: The PERM regulation is effective March 28, 2005, and applies to labor certification applications for the permanent employment of aliens filed on or after that date.
5. AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time.
6. Permanent Job does not mean "forever", It simply means that duration of employment is not known. A job with 6 year contract is a temporary job (since duration is known), hence all H-1B jobs are temporary in nature and called guest workers. A permanent can be terminated at any time, at will, or as agreed notice by both parties.
7. One is not required to notify AC-21 job, but should e ready to respond to EVL RFE that can come any time.
8. Most of the full time exempt jobs in this country are permanent in nature.
___________________
Not a legal advice.
more...
Jimi_Hendrix
12-14 06:13 PM
You are right CIR does contain provisions that allow workers to self petition.
And yes, SKIL does not allow us to self petition, it is a travesty.
And yes, SKIL does not allow us to self petition, it is a travesty.
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stldude
08-13 03:20 PM
I-140 approved from Texas.
Congrats! Where is ur I140 approved from.
Congrats! Where is ur I140 approved from.
more...
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marlon2006
06-22 11:58 AM
I agree with you. No questions about it. I think there are two components on legal immigration alone:
1. People who are stuck in the queue for many years
2. Increase in visa numbers for future skilled workers
At minimum, number 1) above should be fixed out of fairness. We already went through the painful labor certification process. That's unrelated to market demand or not.
I agree, we haven't had a chance to put that clear message out there.
This myth has never been successfully countered in the media or any other PR or lobbying channel by the legal immigration crowd.
The standard line amounts to this:
We are highly skilled we are legal and we are stuck and dont deserve this.
This is not good PR. Nobody cares about this.. it will get us nowhere..
We need to have a standard message apart from all other humint crap..
1) legals cannot undercut US jobseekers because of strict labor laws. Employers are paying a premium in wages as well as legal fees to retain their legal alien workforce. IT would be foolhardy of them to go through the hassle if local talent was easily available.
2) legals are in most cases paying taxes for which they may never realize the benifits like social security.
We need to let it be known in a firm polite manner that
1) we are giving more than we are getting and are not free loaders
2) we are not harming or displacing anyone.
I dont think this can be perceived as tryng to distance ourselves from undocumented workers. There are rare moments when the media does focus on legal immigrants as a group lets make the most of it.
1. People who are stuck in the queue for many years
2. Increase in visa numbers for future skilled workers
At minimum, number 1) above should be fixed out of fairness. We already went through the painful labor certification process. That's unrelated to market demand or not.
I agree, we haven't had a chance to put that clear message out there.
This myth has never been successfully countered in the media or any other PR or lobbying channel by the legal immigration crowd.
The standard line amounts to this:
We are highly skilled we are legal and we are stuck and dont deserve this.
This is not good PR. Nobody cares about this.. it will get us nowhere..
We need to have a standard message apart from all other humint crap..
1) legals cannot undercut US jobseekers because of strict labor laws. Employers are paying a premium in wages as well as legal fees to retain their legal alien workforce. IT would be foolhardy of them to go through the hassle if local talent was easily available.
2) legals are in most cases paying taxes for which they may never realize the benifits like social security.
We need to let it be known in a firm polite manner that
1) we are giving more than we are getting and are not free loaders
2) we are not harming or displacing anyone.
I dont think this can be perceived as tryng to distance ourselves from undocumented workers. There are rare moments when the media does focus on legal immigrants as a group lets make the most of it.
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sam2006
07-20 03:22 PM
Was asking in general..
If you have used papal you can track all the funds filtering IV.
i
If you have used papal you can track all the funds filtering IV.
i
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qplearn
12-10 09:43 AM
What we need is a interim EB bill.
The first stpes may be to indentify all non-contraversial issues and then come to a common understanding on those..
To summarize a discussion with Tito, Rajeev, and go_gc_way on another thread: we should ask for 3 non-controversial things first. We can, if we need to, ask for more things in Step 2.
1. Ability to file for I-485 without current PD.
2. A renewable EAD of 5 yrs.
3. Recapture of unused visas from previous yrs (only if this is not controversial).
Guys and gals, a silver medal is better than a gold medal. The SKIL bill is a gold medal, but the bottomline is we did not win any medal on Friday. Also, I support nycgal's opinion on re-evaluation of our lobbying partner.
The first stpes may be to indentify all non-contraversial issues and then come to a common understanding on those..
To summarize a discussion with Tito, Rajeev, and go_gc_way on another thread: we should ask for 3 non-controversial things first. We can, if we need to, ask for more things in Step 2.
1. Ability to file for I-485 without current PD.
2. A renewable EAD of 5 yrs.
3. Recapture of unused visas from previous yrs (only if this is not controversial).
Guys and gals, a silver medal is better than a gold medal. The SKIL bill is a gold medal, but the bottomline is we did not win any medal on Friday. Also, I support nycgal's opinion on re-evaluation of our lobbying partner.
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clear485
08-18 01:21 PM
What are reasons .. as to why it cant be solved by lawsuit ?? Are u afraid that they might stop processing any I-485 applications for EB2-I until the lawsuit gets resolved ??
I'm ready to join in the law suit....
I'm ready to join in the law suit....
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lazycis
11-30 09:03 PM
My prayers are with you, man. Do not lose hope and fight for your life! You condition fits a reason for expedite processing. Fax expedited request to the service center where your I-485s are pending. Attach supporting documents. Call the USCIS customer service, they will tell you all the details, including fax number for this.
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sanjay
12-19 02:02 PM
I have a question regarding the 180 day rule. I am a July 2nd filer, got EAD and AP and did my FP. my I-140 was also approved in oct 2007. So, I will be meeting the 180 day rule and I-140 approved criteria in jan 2nd,08.
Can I change job after Jan 2nd or I have to wait for 180 days from the time of 140 approval date. I think if its from 485 receipt date, I do meet 180 days rule and am safe to move on with another job/employer.
I know this question should had been asked by other members also, but I don't want to search all threads.
Looking for some genuine answers instead of thread bashings.
Thanks in Adv.
Can I change job after Jan 2nd or I have to wait for 180 days from the time of 140 approval date. I think if its from 485 receipt date, I do meet 180 days rule and am safe to move on with another job/employer.
I know this question should had been asked by other members also, but I don't want to search all threads.
Looking for some genuine answers instead of thread bashings.
Thanks in Adv.
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ramus
06-05 08:18 PM
Like I said in another thred, this message is not for any individual so please don't take it personal..
Thanks to all who already contributed.. Those who haven't yet please do it now..
In spite of all the forum spamming, I have contributed, thank you
And yes, I've sent multiple faxes to every senator.
And yes, I've visited, phoned and emailed multiple senators and congressmen.
And yes, I've sent approximately 700 emails to media outlets nationwide
PLEASE stop spamming the forums
Thanks to all who already contributed.. Those who haven't yet please do it now..
In spite of all the forum spamming, I have contributed, thank you
And yes, I've sent multiple faxes to every senator.
And yes, I've visited, phoned and emailed multiple senators and congressmen.
And yes, I've sent approximately 700 emails to media outlets nationwide
PLEASE stop spamming the forums
desi3933
07-09 11:37 AM
Based on a quick scan of the above documents (which may not be a complete list of documents on AOS), I did not find a single reference to LAW that specifies when AOSs can (not) be submittted by GC applicants. My guess is that there is no such law That is why AILA is calling it rubbish.
I urge everyone to scan these (and othet documents) for LAW that specifies when AOSs can (not) be submittted by GC applicants.
� 245.1 Eligibility.
(a) General. Any alien who is physically present in the United States, except for an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of this section, may apply for adjustment of status to that of a lawful permanent resident of the United States if the applicant is eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing of the application. A special immigrant described under section 101(a)(27)(J) of the Act shall be deemed, for the purpose of applying the adjustment to status provisions of section 245(a) of the Act, to have been paroled into the United States, regardless of the actual method of entry into the United States.
[Emphasis added for clarity]
______________________
Not a legal advice.
I urge everyone to scan these (and othet documents) for LAW that specifies when AOSs can (not) be submittted by GC applicants.
� 245.1 Eligibility.
(a) General. Any alien who is physically present in the United States, except for an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of this section, may apply for adjustment of status to that of a lawful permanent resident of the United States if the applicant is eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing of the application. A special immigrant described under section 101(a)(27)(J) of the Act shall be deemed, for the purpose of applying the adjustment to status provisions of section 245(a) of the Act, to have been paroled into the United States, regardless of the actual method of entry into the United States.
[Emphasis added for clarity]
______________________
Not a legal advice.
titu1972
08-07 01:52 PM
My I-140 has approved by NSC in Apr 2006. Now I'm moved to Houston.
Now I have applied my I-485 from Houston. My lawyer send my application to NSC. Since my current residence is in TSC region my application will be transfer to TSC. So I don't know how long it will take to get the receipt#.
My application received on 07/02/2007 at NSC.
Now I have applied my I-485 from Houston. My lawyer send my application to NSC. Since my current residence is in TSC region my application will be transfer to TSC. So I don't know how long it will take to get the receipt#.
My application received on 07/02/2007 at NSC.
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