RandyK
02-20 04:43 PM
Can anybody estimate out of the 47000 identified cases that is affected by Name Check...
How many are real old PD's like
Prior to 2003
Between 2003 and 2005
Between 2005 and 2007
India / China / Mexico / ROW
How many are real old PD's like
Prior to 2003
Between 2003 and 2005
Between 2005 and 2007
India / China / Mexico / ROW
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reddog
01-26 12:03 PM
1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
brilliant dude. nice reply.
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
brilliant dude. nice reply.
waiting4gc
07-02 03:39 PM
About 8K, filed initially in EB2RIR, then in perm.
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fightretro
04-01 06:21 PM
Sent fax # 10 and 11
more...
test101
07-06 06:21 PM
they are talking about about nursing shortage,,, I"m an RN unable to work becuase of the current situation. RN educated in US .... and they talk about why there is nursing shortage. There are hundred nurses inside us unble to work becuase of this situation......sheesh... this is sad.
tinku01
02-17 09:11 PM
thanks for your supportive words for CP filers now CP filers need some relief as they are not able to get an EAD/AC21. I think we could ask to allow CP filers to file 485 with out having dates current and conserdering their CP filing date to get EAD and AC21.
Thanks everybody we need your support to come out of this situation.
Thanks everybody we need your support to come out of this situation.
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sumanitha
01-12 03:07 PM
Donot take Maternity Card..
It will not be helpful at all..
Instead you can have your negotiations with your Doctor and Hospital.
In Dallas (Las Collinas), if you dont have medical insurance, you can have an arrangement with the Doctor and Hospital.
Like one of my friend paid 3K for everything for Delivery + 5K I think for the hospitals. Ofcourse this is based on the delivery is not complicated / C-section couple of years ago.
Hope this helps.
It will not be helpful at all..
Instead you can have your negotiations with your Doctor and Hospital.
In Dallas (Las Collinas), if you dont have medical insurance, you can have an arrangement with the Doctor and Hospital.
Like one of my friend paid 3K for everything for Delivery + 5K I think for the hospitals. Ofcourse this is based on the delivery is not complicated / C-section couple of years ago.
Hope this helps.
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snathan
06-18 07:19 PM
Can we have a letter / online fax campaign atleast...
May be a letter from Rep Longfren etc.
Yes...we are. I will let you know once we are ready.
Thanks.
May be a letter from Rep Longfren etc.
Yes...we are. I will let you know once we are ready.
Thanks.
more...
akhilmahajan
08-27 10:02 PM
Do we have to attach photographs when we e-file for AP ?
For E-filing AP, you dont get any Finger Printing, so you have to send 2 photographs with your application.
Please make sure you write your name and Alien Number (A#) on the back of the photographs.
I hope this helps.
GO IV GO.
For E-filing AP, you dont get any Finger Printing, so you have to send 2 photographs with your application.
Please make sure you write your name and Alien Number (A#) on the back of the photographs.
I hope this helps.
GO IV GO.
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logiclife
03-21 04:47 PM
In order to be sending consistent messages to all lawmakers, please email Varsha and Sanjay at varsha@immigrationvoice.org and sanjay@immigrationvoice.org respectively and get the material and talking points from them.
Its very important to read those tips and directions and also keep in mind the talking points.
We have crafted those points after intense experience in talking about these issues and these are tried and tested talking points that work. Stick to the message and you will really make a big difference.
Its very important to read those tips and directions and also keep in mind the talking points.
We have crafted those points after intense experience in talking about these issues and these are tried and tested talking points that work. Stick to the message and you will really make a big difference.
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raysaikat
07-19 10:20 PM
B1 visa of course. :-) . Hey, as I said, I did not think about intent issues at that time. Hindsight is always 20-20. But the deed is done. I never look back. In my dictionary, there is no such word as "should have". I either do something or don't do something. Only losers think they "should have" done something.
There is an obvious difference between "fretting over" and "reflecting". You seem not to understand the difference (reminds me of George W. Bush on Iraq war).
There is an obvious difference between "fretting over" and "reflecting". You seem not to understand the difference (reminds me of George W. Bush on Iraq war).
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solaris27
10-09 07:53 PM
you can directly go to USCIS website and take printout of your approved I-140.
It will not have all informaion but more then enough to change job .
It will not have all informaion but more then enough to change job .
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Ramba
04-01 06:53 PM
Contact attoreny ASAP why/how it has happened. As he represnts you, USCIS acts upon his request to withdraw. However, he has to make such requsest only upon your written communication to withdraw the application. Therefore, find out whose mistake it is (law firm or USCIS). If it is the law firm mistake ( if you have not requested your attorney to withdraw your 485), contact him to rectify his mistake. That means, he has to put his full effort to get the application back to USCIS. You can even sue them for a hefty amount for the damages they have done. If it is a USCIS mistake, MTR may work well, to get back the 485 in line. As the primary applicant already received the GC, it is tricky. So, contact another atttorney for second opinion and contact AILA, if required.
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zerozerozeven
04-08 05:04 PM
Very interesting:
They say that they will run Master's cap first, then put the leftovers into regular cap lottery pool. But it would be better for master's degree holders if they did it the other way around!
We know the master's odds are better than general pool odds. Maybe about 50% vs. 25% this year.
Think through the math! It would be more advantageous for Master's degree holders to go through the general lottery first, and only if they lose in general be put into master's lottery. Maybe there would be less than 20,000 general lottery losers with advanced degree, then there would be no need for another lottery, they would automatically get the 20,000 that's allocated for them.
Is USCIS trying to screw Master's holders on purpose, or are they just bad at math and screwed them due to ignorance?
The spirit of the whole master's cap law is to give master's holders an advantage. USCIS had a choice here of giving a small advantage (master's lottery first, then general) or big advantage (general lottery first, then master's) and they chose the smaller advantage.
The whole fact that we're here thinking about the odds, just like horsebetting, is of course ludicrous in itself.
Good luck to everyone in the lottery.
Even horse-betting has some amount of skill level (of the horse) and knowledge involved when u place a bet...and to think about it....When I used to be in India, I was told why India is not improving is because meritocracy takes a back seat everywhere while in US people are rewarded based on merits. I now realize with the backlog and the H1B that things are worse out here. GC process is such a long and arduous process that it takes the most productive years of your life away by forcing to work in a company without a change in position. H1B has now become even more of a laughing stock because of the mega lotto we have every year and everyone could see this coming 100 miles away and pity that nothing was done for last 2 years to address this problem
They say that they will run Master's cap first, then put the leftovers into regular cap lottery pool. But it would be better for master's degree holders if they did it the other way around!
We know the master's odds are better than general pool odds. Maybe about 50% vs. 25% this year.
Think through the math! It would be more advantageous for Master's degree holders to go through the general lottery first, and only if they lose in general be put into master's lottery. Maybe there would be less than 20,000 general lottery losers with advanced degree, then there would be no need for another lottery, they would automatically get the 20,000 that's allocated for them.
Is USCIS trying to screw Master's holders on purpose, or are they just bad at math and screwed them due to ignorance?
The spirit of the whole master's cap law is to give master's holders an advantage. USCIS had a choice here of giving a small advantage (master's lottery first, then general) or big advantage (general lottery first, then master's) and they chose the smaller advantage.
The whole fact that we're here thinking about the odds, just like horsebetting, is of course ludicrous in itself.
Good luck to everyone in the lottery.
Even horse-betting has some amount of skill level (of the horse) and knowledge involved when u place a bet...and to think about it....When I used to be in India, I was told why India is not improving is because meritocracy takes a back seat everywhere while in US people are rewarded based on merits. I now realize with the backlog and the H1B that things are worse out here. GC process is such a long and arduous process that it takes the most productive years of your life away by forcing to work in a company without a change in position. H1B has now become even more of a laughing stock because of the mega lotto we have every year and everyone could see this coming 100 miles away and pity that nothing was done for last 2 years to address this problem
more...
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mirage
03-11 04:59 PM
You're right, the point I was making is the real intention of these Senators...When you want to scr.ew somebody you ask questions that are hard and mostly unanswerable....Take this example, Look at the requirement that Hyderabad Consulate has put up for H1B Visa Stamping, it sounds like they are saying don't you dare!!!Find the pdf with the questions he asked and compare to the answers they gave.
compare that with what happened with visa bulletin fiasco.
I think it was Zoe lofgren who sent a letter with very pointed questions to USCIS. I don't believe they made public their answer or if they answered it at all; and instead of fighting with Senator they reversed course and opened up the visa dates again. (A big part of me thinks that it was pure financial decision. USCIS was going to have fee increase and they realized that they would lose a lot of money but after they did their analysis; they realized their breakeven point was each candidate renewing ead/ap once and they would break even. They would even come out further ahead by allowing the applications because people would be renewing at least three times whereas in old fee structure it was only built in for one renewal).
compare that with what happened with visa bulletin fiasco.
I think it was Zoe lofgren who sent a letter with very pointed questions to USCIS. I don't believe they made public their answer or if they answered it at all; and instead of fighting with Senator they reversed course and opened up the visa dates again. (A big part of me thinks that it was pure financial decision. USCIS was going to have fee increase and they realized that they would lose a lot of money but after they did their analysis; they realized their breakeven point was each candidate renewing ead/ap once and they would break even. They would even come out further ahead by allowing the applications because people would be renewing at least three times whereas in old fee structure it was only built in for one renewal).
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n_2006
10-12 10:48 AM
I do not unterstand why so many people here cry on others. You discuss about your problem and try to find ways to resolve. Everybody has to resolve their own issues first(let it be small or big). People in FP, EAD stage can not cry on people who already got GC or citizenship.
Thats true..everybody are bothered about EAD and FP. I am here for more than 8 years in this country. IV should emphasise this and USICS should allow affected candidates like us to file I-485 and atleast get EAD. we have priority date earlier compared to others.
Thats true..everybody are bothered about EAD and FP. I am here for more than 8 years in this country. IV should emphasise this and USICS should allow affected candidates like us to file I-485 and atleast get EAD. we have priority date earlier compared to others.
more...
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coloniel60
08-15 03:26 PM
I have just called USCIS and spoke to very good and friendly lady IO. She has told me that in case if our applications is rejected for any reason due to lack of intial evidence,less amount of check or any other reason they will send a notice for re-submittal of application.
Yeah right! We should start a poll to see how many believe this.
Yeah right! We should start a poll to see how many believe this.
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gcstruggle
11-09 04:15 PM
RD- July 10; ND - Sept 7, received FP notices for me but not for my spouse.
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scorpion00
04-23 12:14 PM
Done. just sent to white house and local senator.
sc3
05-13 07:33 PM
Please check with both Immigration attorney (for 485 withdrawal), and a divorce lawyer in India.
I believe that if the marriage was conducted in India, but US court issues the divorce decree, such decree is not automatically recognized in India. You might have to file for such a decree in India too.
Personally, withdrawing now, and reapplying is a better option. You will be playing Russian roulette if you decide to wait for some time to "withdraw" -- as USCIS could suddenly make dates current (remember last year), and approve a bunch of application. Of course, consult an Immigration lawyer to see if you can withdraw and re-use the same application (140) later. If not, withdraw and start a new GC (using current 140 as basis for priority date) -- you could even get a EB2 classification.
I believe that if the marriage was conducted in India, but US court issues the divorce decree, such decree is not automatically recognized in India. You might have to file for such a decree in India too.
Personally, withdrawing now, and reapplying is a better option. You will be playing Russian roulette if you decide to wait for some time to "withdraw" -- as USCIS could suddenly make dates current (remember last year), and approve a bunch of application. Of course, consult an Immigration lawyer to see if you can withdraw and re-use the same application (140) later. If not, withdraw and start a new GC (using current 140 as basis for priority date) -- you could even get a EB2 classification.
gk_2000
07-28 08:08 PM
Guys
I wonder if and why IV missed a chance to push our questions into this forum. Please take a look, from whitehouse website:
What You Missed: Open for Questions Roundtable on Comprehensive Immigration Reform | The White House (http://www.whitehouse.gov/blog/2010/07/02/what-you-missed-open-questions-roundtable-comprehensive-immigration-reform#vseek525)
I wonder if and why IV missed a chance to push our questions into this forum. Please take a look, from whitehouse website:
What You Missed: Open for Questions Roundtable on Comprehensive Immigration Reform | The White House (http://www.whitehouse.gov/blog/2010/07/02/what-you-missed-open-questions-roundtable-comprehensive-immigration-reform#vseek525)
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