mirage
06-25 07:41 PM
EAD is free only for post July 30-2007 filers. We are their forever cows, they'll milk us as far as they can. Otherwise somebody tell me why 2 year EAD why not 3, why not 2 year AP, why june 30 for 2 years EAD why couldn't they do it with immediate effect or may be 1 week from announcement. They just bought more time to process everything with 1 year
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amitjoey
05-21 03:20 PM
The total is now $3400.
anukcs
09-17 11:20 AM
He has made arrangements as well to come to the rally tomorrow.
We are coming from Ashburn VA area...If anybody wants to come along please PM me.
Regards.
We are coming from Ashburn VA area...If anybody wants to come along please PM me.
Regards.
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alterego
09-27 09:13 PM
A good attorney should be able to get those who availed themselves of the AC21 opportunity free and clear in their green card journey. The law seems pretty clear on this to me.
This is clearly a big deal for much of the IV community, who are stuck in this process due to inadequate EB visas and inefficient immigration service center processing.
I believe this might end up needing a class action litigation (for violating AC21 law) and an immigration attorney could make a name for him/herself in the process of this case!
Witness Carl Shusterman's challenge of the USCIS's erroneous interpretation of physician NIW laws and his subsequent stature in the field.
If there are adequate numbers of you, which based on this thread there seem to be quite a few, then approaching a good lawyer to represent the group pro bono and getting this mess sorted out for good might be a consideration.
Any thoughts?
This is clearly a big deal for much of the IV community, who are stuck in this process due to inadequate EB visas and inefficient immigration service center processing.
I believe this might end up needing a class action litigation (for violating AC21 law) and an immigration attorney could make a name for him/herself in the process of this case!
Witness Carl Shusterman's challenge of the USCIS's erroneous interpretation of physician NIW laws and his subsequent stature in the field.
If there are adequate numbers of you, which based on this thread there seem to be quite a few, then approaching a good lawyer to represent the group pro bono and getting this mess sorted out for good might be a consideration.
Any thoughts?
more...
redddiv
07-17 06:54 AM
My Lawyer didn't file my I-485 until July 7, 2007. He never replied to my e-mails or my phone calls.
My whole experience with them appeared to be as if I know more than them. It appeared as if I had to educate them about the development.
Considered changing lawyers and also considered filing on my own. But finally thought to ahve atleast soem attorney whom i know(at least i know what can expect?).
My whole experience with them appeared to be as if I know more than them. It appeared as if I had to educate them about the development.
Considered changing lawyers and also considered filing on my own. But finally thought to ahve atleast soem attorney whom i know(at least i know what can expect?).
kris04
09-12 09:45 PM
sorry to hear about your new issue. Your case can be easily fought back, cheer up. My case was AC 21 and fortunately my I 485 was approved last month without any RFE, but before approval I spoke to NSC customer service and got hold off a very good guy , who happened to be very helpful, he mentioned that the letter requesting to port the employer or change of attorney need to be addressed to appropriate division, failure to do will cause all these problems, since it take time for the USCIS to route the letter to correct division and most likely getting lost. The only solution to address this kind of problem is to bring the much needed regulation to AC 21 , a formal application process where we can track the progress.
Cheer up, good luck
regards
kris
I never understood until this point how come a letter requesting to port job using AC 21 in most cases never reach the file, whereas the letter requesting to revoke I 140 from employers are getting processed in 99% of the case. maybe its an excuse to get rid of some of the backlog :confused::confused:
Cheer up, good luck
regards
kris
I never understood until this point how come a letter requesting to port job using AC 21 in most cases never reach the file, whereas the letter requesting to revoke I 140 from employers are getting processed in 99% of the case. maybe its an excuse to get rid of some of the backlog :confused::confused:
more...
idlinginc
04-11 12:56 PM
Has your company sent a termination letter to INS? Have they paid you for your travel back to India?
I may be wrong, but I think those two are necessary for an employer to invalidate a H-1.
Does anybody know how long an H1B visa can remain valid (including grace period) after a layoff ? What I know, is an H1B technically becomes invalid the day you stop rendering your services to your employer. The firm's lawyer suggested me to file for B1/B2 visitors visa to avoid going out-of-status.
Thanks.
I may be wrong, but I think those two are necessary for an employer to invalidate a H-1.
Does anybody know how long an H1B visa can remain valid (including grace period) after a layoff ? What I know, is an H1B technically becomes invalid the day you stop rendering your services to your employer. The firm's lawyer suggested me to file for B1/B2 visitors visa to avoid going out-of-status.
Thanks.
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n_2006
06-10 11:08 AM
We should not waste our time and money on this. I also would like to understand the lobbying impact of IV. After hearing tech lobby brought CA governor into picture and even that does not make any difference in favor of tech companies, are we making any impact with 200-300 thousand lobbying and some web faxes?
There is no question about IV effort. But the question I have is impact of that effort.
I am not sure why we are still behind this bill and wasting our money and resources,
everyone here needs to realize we don't need to sweeping legislative reform to address our concern, all we need few guidelines to impliment current law in more sensible way,
we simply don't have resources/strenght to address this issue letz not fool ourself anymore and letz put our moeny where mouth is
There is no question about IV effort. But the question I have is impact of that effort.
I am not sure why we are still behind this bill and wasting our money and resources,
everyone here needs to realize we don't need to sweeping legislative reform to address our concern, all we need few guidelines to impliment current law in more sensible way,
we simply don't have resources/strenght to address this issue letz not fool ourself anymore and letz put our moeny where mouth is
more...
bigboy007
09-25 03:38 AM
I agree with concept of sending ac21 letter but there are similar experiences that this letter is ofcourse of hardly any consideration.
AC21 is a law, if erraneously denied it should be opened by MTR...as ppl have underlined , it doesnt matter whether a person used EAD or H1B. This whole discussion is triggered by employer revoking 140 not becoz USCIS is denying due to I129. Its all in the IO if hez not aware of AC21 thats our trouble begines. :( but i have not heard of any failure of AC21 MTR so far ...
prince_charming, you had mentioned that you had done H1 transfer with AC21.
I think it was mentioned in one of the posts in Murthy site that such a situation could lead to denial of I-485 as it would constitute abandonment of AOS application. One should use EAD after filling AC21.
AC21 is a law, if erraneously denied it should be opened by MTR...as ppl have underlined , it doesnt matter whether a person used EAD or H1B. This whole discussion is triggered by employer revoking 140 not becoz USCIS is denying due to I129. Its all in the IO if hez not aware of AC21 thats our trouble begines. :( but i have not heard of any failure of AC21 MTR so far ...
prince_charming, you had mentioned that you had done H1 transfer with AC21.
I think it was mentioned in one of the posts in Murthy site that such a situation could lead to denial of I-485 as it would constitute abandonment of AOS application. One should use EAD after filling AC21.
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amitjoey
06-01 04:35 PM
Thank you malibuguy007, Thank you jimytomy and a BIG Thank you to m306m
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chanduv23
09-24 10:08 PM
Some men are like pyramids,
which are very broad
where they touch the ground, but
grow narrow as they reach the sky
Henry Ward Beecher
The rally is over - why r u still bringing up this thread
which are very broad
where they touch the ground, but
grow narrow as they reach the sky
Henry Ward Beecher
The rally is over - why r u still bringing up this thread
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god_bless_you
12-01 10:58 AM
For more about Gandhi and Gandhian Philosophy..
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check
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senthil1
07-03 10:23 PM
Since it is orginating from house. Also It may not be passed as it is. Subject to Amendments. For example there will not be oppostion to increase of h1 to 115k. But market based adjustment will have some opposition. In fact I heard one of calfornia Senator is opposing flexiblity of the Cap though she is accepting that h1 cap should be increased. Some debate also will be there in both houses and Senate has to vote again. Also EB category will have permanent increase in immigration, a few weeks of debate will be there. But we have to see how much oppostion will be there for EB immigration increase though there will not be much oppostion to H1b. Last year anti immigrants worked in backdoor and successfully delayed the the bill so that it can be killed. But this time also they will try to delay it because they cannot oppose the bill directly. Anyhow it may happen before this year end. Immigration is emotional topic for Americans as they fear their jobs are in risk though it may be or may not be true..
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desi3933
07-19 05:14 PM
Hi,
1. I am on L1 with current company A(with current i-94 expiring in Nov 2007). I got my H1 approval this year from consultant B and they got the I-797B. This document shows the validity from Nov 2007-2010. But I have heard people get something called I-797A which has a new I-94 attached to it and in my case it is not.
Here are my questions.
1. Can I start working for consultant B from Oct 1.(after quitting the company A with L1).?
2. What should I do since I have current I-94 only till Nov 15th 2007 and if I ask my current company A to extend it they wont do because I want to leave them as early as possible before Oct 1st.
3. Can my consultant file for the change of STATUS from L1 to H1B(the approval for which I have already received from USCIS) and then in that case it will have new I-94 attached.
4. Another suggestions what should I be doing so that I can start working on H1 after Oct1st here and then whenever I go back to India, after 4 or 5 months I will have the Visa stamped.
Thanks in advance.
Re-enter USA with H1 visa stamp.
___________________
Not a legal advice.
1. I am on L1 with current company A(with current i-94 expiring in Nov 2007). I got my H1 approval this year from consultant B and they got the I-797B. This document shows the validity from Nov 2007-2010. But I have heard people get something called I-797A which has a new I-94 attached to it and in my case it is not.
Here are my questions.
1. Can I start working for consultant B from Oct 1.(after quitting the company A with L1).?
2. What should I do since I have current I-94 only till Nov 15th 2007 and if I ask my current company A to extend it they wont do because I want to leave them as early as possible before Oct 1st.
3. Can my consultant file for the change of STATUS from L1 to H1B(the approval for which I have already received from USCIS) and then in that case it will have new I-94 attached.
4. Another suggestions what should I be doing so that I can start working on H1 after Oct1st here and then whenever I go back to India, after 4 or 5 months I will have the Visa stamped.
Thanks in advance.
Re-enter USA with H1 visa stamp.
___________________
Not a legal advice.
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shaikhshehzadali
03-21 03:48 PM
It is just the way u wrote....put a poll and most of us will agree on that...
I have been very clear on my statements..
All I can say is .... :) I didnt ... you called them that by wrongly inferring that from my posts
I have been very clear on my statements..
All I can say is .... :) I didnt ... you called them that by wrongly inferring that from my posts
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vik_tx
06-14 08:57 AM
Good news for some and not so good news for others. I have been waiting for my labor for last 4 years and have still not got the approval on hand. So I am not ready to apply for 485. Where as a friend of mine who came to US last year and applied for labor through perm 2 months back has his approved labor and can apply for 485. I feel this is kind of unfair. The dates should have progressed slowly but steadily instead of trying to create a mad rush now.
I had a similar issue.. labor was stuck in the backlog ctr for 4 years.. Tired of waiting - i then directed my lawers to request the dol for a screenshot, ven though my h-1b was valid and i did not actually need it.. lo and behold.. 15 days after that .. it was miraclously approved.. I suggest you try the same.. keep me posted if that works.
I had a similar issue.. labor was stuck in the backlog ctr for 4 years.. Tired of waiting - i then directed my lawers to request the dol for a screenshot, ven though my h-1b was valid and i did not actually need it.. lo and behold.. 15 days after that .. it was miraclously approved.. I suggest you try the same.. keep me posted if that works.
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nixstor
03-05 02:04 PM
If it is an IBM 3270, 5250, etc mainframe it still wouldn't take that long.
Let me take it a step further.
If the information is stored as a segregated flat file, it won't take that long.
One could just proxy a perl/java gateway and write a script to parse data.
Who does it.. make all the difference.
K, I did not intend to get into a technical discussion here, When I made the initial post. There are issues at government agencies beyond the technical nitty gritty and my post was to point out that the skill set required is not the SQL/CRM of today. Suggestions such as we can offer expertise in return does not go any where as the systems on which the databases reside are not playgrounds, where we can write code and extract what ever we want. There are change control issues, security clearance issues, just to name two on top of my head. The total time for response is not just the time it takes to develop and run a computer program and provide us results. There are administrative issues at different level of abstractions at every org and CIS sure does have a bit more of that. All these consume time. At this point, the NRC response does not indicate time but indicates cost. We are trying to find the total time it takes to send a response back to us. Based on the response time, further action needs to be taken. It is illogical and absurd to just keep thinking technically. Take of your techie hat and think beyond. All comments in jest!
For those who are wondering big time that the country of charge ability/nationality is not captured in CLAIMS, you must have missed that stake holder meeting in which CIS clearly mentioned that it will take lot of $$ to re design their system to capture biographic information and will not be able to do so. Well, what can you say, even after raising the fees by 100% CIS does not have the money to serve beneficiaries who keep filing their flagship cash cow applications such as I-131/I-765. If some one still have the link, please post it.
Let me take it a step further.
If the information is stored as a segregated flat file, it won't take that long.
One could just proxy a perl/java gateway and write a script to parse data.
Who does it.. make all the difference.
K, I did not intend to get into a technical discussion here, When I made the initial post. There are issues at government agencies beyond the technical nitty gritty and my post was to point out that the skill set required is not the SQL/CRM of today. Suggestions such as we can offer expertise in return does not go any where as the systems on which the databases reside are not playgrounds, where we can write code and extract what ever we want. There are change control issues, security clearance issues, just to name two on top of my head. The total time for response is not just the time it takes to develop and run a computer program and provide us results. There are administrative issues at different level of abstractions at every org and CIS sure does have a bit more of that. All these consume time. At this point, the NRC response does not indicate time but indicates cost. We are trying to find the total time it takes to send a response back to us. Based on the response time, further action needs to be taken. It is illogical and absurd to just keep thinking technically. Take of your techie hat and think beyond. All comments in jest!
For those who are wondering big time that the country of charge ability/nationality is not captured in CLAIMS, you must have missed that stake holder meeting in which CIS clearly mentioned that it will take lot of $$ to re design their system to capture biographic information and will not be able to do so. Well, what can you say, even after raising the fees by 100% CIS does not have the money to serve beneficiaries who keep filing their flagship cash cow applications such as I-131/I-765. If some one still have the link, please post it.
mrajatish
03-21 09:42 AM
I absolutely do not agree that it will do more harm - given the current situation where every country is backlogged in EB3, and EB2 for India/China is also severely backlogged, there is very little chance that India and China can have more than 10000 visas (7% of 140,000) issued in Fy 2006 across all of Eb1/2/3.
Current System
EB1 China/India might benefit a bit because they will be the first ones to get the visas from extra EB1 visas but then, if Specter/Frist's bill passes, many of these EB1's will get a chance to file for 485 anyway.
EB2 China/India might also benefit a little bit provided rest of the world leaves something behind.
EB3 will not benefit at all as every country is backlogged here.
Looking at FY 2005 statistics is very misleading. So, the way things are, any bill is better than no bill at all - at least we have a shot at improving the status quo we are in.
Instead of just comparing current situation with future, especially when the future is so unclear, we should try our level best to achieve the following
1. Put the clause back
2. Amendment to file 485 after 140 or labor has been approved for certain time but Visa number is not available. Emphasis should be on the total wait time for GC, so that people in BECs do not get screwed.
Put all your energy and efforts in achieving these and we will not see retrogression for many years. My goal is not to dissuade people from the comparison - it is a healthy exercise, but now that we know what the pros and cons are, let us work together to solve.
Current System
EB1 China/India might benefit a bit because they will be the first ones to get the visas from extra EB1 visas but then, if Specter/Frist's bill passes, many of these EB1's will get a chance to file for 485 anyway.
EB2 China/India might also benefit a little bit provided rest of the world leaves something behind.
EB3 will not benefit at all as every country is backlogged here.
Looking at FY 2005 statistics is very misleading. So, the way things are, any bill is better than no bill at all - at least we have a shot at improving the status quo we are in.
Instead of just comparing current situation with future, especially when the future is so unclear, we should try our level best to achieve the following
1. Put the clause back
2. Amendment to file 485 after 140 or labor has been approved for certain time but Visa number is not available. Emphasis should be on the total wait time for GC, so that people in BECs do not get screwed.
Put all your energy and efforts in achieving these and we will not see retrogression for many years. My goal is not to dissuade people from the comparison - it is a healthy exercise, but now that we know what the pros and cons are, let us work together to solve.
I_need_GC
07-07 01:23 PM
Can you please tell me where it is mentioned like that?.
How long do you have to work for the employer??
How long do you have to work for the employer??
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