lazycis
12-18 02:41 PM
Sorry to hear about your situation. You should've taken unpaid leave for two weeks instead of a lay off. Now you definitely should not file AC21 and hope that the USCIS will not issue RFE (rarely happens). It doesn't matter how you quit, if the USCIS finds about it, it will probably deny I-485.
Regarding Shusterman's Q&A. I am not sure where he is coming from. The law (8 USC 1154) does not provide for lay-off exception. Wait... The USCIS memo says this:
"Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed 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."
So you may not be in a bad shape after all. As for whether to file AC21 papers in your situation, I am not sure. I would not do it.
Regarding Shusterman's Q&A. I am not sure where he is coming from. The law (8 USC 1154) does not provide for lay-off exception. Wait... The USCIS memo says this:
"Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed 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."
So you may not be in a bad shape after all. As for whether to file AC21 papers in your situation, I am not sure. I would not do it.
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darslee
07-06 02:17 PM
Thanks IV & thanks Dr. read about his story yesterday -- hope something good comes out.
I second that!
I second that!
chrisj
01-28 02:02 PM
Seems like most of you guys have grudge against Andhrites (GULTIs that you call us with love). Agreed that most ppl who come to this univeristy are from AP. There are about 900 students in this university, but there are thousands of students from AP that are studying in other reputed university. I'm one of them.
I'm not sympathetic towards the ppl who are facing deportation. But i strongly condemn the way they are treated. Tying the tracking devices to their legs and treating them like terrorists is totally inhuman and insane
I'm not sympathetic towards the ppl who are facing deportation. But i strongly condemn the way they are treated. Tying the tracking devices to their legs and treating them like terrorists is totally inhuman and insane
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raysaikat
04-10 10:11 AM
Lol, they can.....and they'll charge like $200/hr for everything w/o H-1s willing to be relocated at moments notice.....the industry can't afford to pay someone higher just because they are 'American' if it is not profitable for them......leads back to the original point....
And thus you are supporting the point made by anti-H1-B lobby that H1-B visas are being used for depressing wages. And secondly, what makes you think that an "american" will charge outrageously more compared to someone equally competent on H1-B?
From a legislative point of view, a good law should have a good underlying policy designed to serve "most" (if not all), but it also must be easy to enforce. H1-B law already has "legal" safeguards like the employee must always be paid (even if there is no project to work on), employee must not pay for the H1-B fees, etc. These stipulations are blatantly violated by software consultancies in general, and they do it because it has been proved to be very hard to catch (poor employees will say nothing in the fear of losing their job and worse, having to go back home). Thus the law is clearly not enforceable with the means available to DOL, USCIS or DOS. No doubt, there are very competent, high paid consultants on H1-B. If they were 90% of the people, we wouldn't be having this conversation. The situation in all likelihood is reversed (only a small percentage of consultants on H1-B are really competent and highly paid). Removing the privilege of H1-B from consultancies will remedy a lot of real and perception problems of H1-B at one go.
And thus you are supporting the point made by anti-H1-B lobby that H1-B visas are being used for depressing wages. And secondly, what makes you think that an "american" will charge outrageously more compared to someone equally competent on H1-B?
From a legislative point of view, a good law should have a good underlying policy designed to serve "most" (if not all), but it also must be easy to enforce. H1-B law already has "legal" safeguards like the employee must always be paid (even if there is no project to work on), employee must not pay for the H1-B fees, etc. These stipulations are blatantly violated by software consultancies in general, and they do it because it has been proved to be very hard to catch (poor employees will say nothing in the fear of losing their job and worse, having to go back home). Thus the law is clearly not enforceable with the means available to DOL, USCIS or DOS. No doubt, there are very competent, high paid consultants on H1-B. If they were 90% of the people, we wouldn't be having this conversation. The situation in all likelihood is reversed (only a small percentage of consultants on H1-B are really competent and highly paid). Removing the privilege of H1-B from consultancies will remedy a lot of real and perception problems of H1-B at one go.
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ramus
08-31 05:27 PM
1 min. stuck in the backlog... How many wants to come to DC... may be 1000???
nlssubbu
03-16 05:28 PM
Does that means that the existing backlog will be cleared fast?
Specter agreed this morning with Kennedy's approach, provided that these illegal immigrants would not be able to start legalization proceedings until the backlog of 3 million people now waiting in countries around the world for their chance to come to the United States legally get their green cards.
Any comments or thoughts on this is highly appreciated.
Thanks
nlssubbu
__________________________________________________ ______________
India - EB3 - Priority Date 07/16/2001
I-140 Applied 07/30/2004 - RFE (Labor Substitue) - 06/27/2005 Replied 10/19/2005 Approved 11/02/2005
I-485 Applied 12/01/2004 - FP done on 1/8/2005 - Approval ??
1st EAD - Applied 12/01/2004 - RFE (Color photo Myself & Daughter) - 2/7/05 Replied 2/18/05 Approved 03/02/05
1st AP - Applied 12/01/2004 - RFE (Color Photo Myself & Daughter) - 2/7/05 Replied 2/18/05 Approved 03/02/05
2nd EAD - Applied 11/02/2005 - Approved 12/02/2005
2nd AP - Applied 11/02/2005 - Approved 12/20/2005
Specter agreed this morning with Kennedy's approach, provided that these illegal immigrants would not be able to start legalization proceedings until the backlog of 3 million people now waiting in countries around the world for their chance to come to the United States legally get their green cards.
Any comments or thoughts on this is highly appreciated.
Thanks
nlssubbu
__________________________________________________ ______________
India - EB3 - Priority Date 07/16/2001
I-140 Applied 07/30/2004 - RFE (Labor Substitue) - 06/27/2005 Replied 10/19/2005 Approved 11/02/2005
I-485 Applied 12/01/2004 - FP done on 1/8/2005 - Approval ??
1st EAD - Applied 12/01/2004 - RFE (Color photo Myself & Daughter) - 2/7/05 Replied 2/18/05 Approved 03/02/05
1st AP - Applied 12/01/2004 - RFE (Color Photo Myself & Daughter) - 2/7/05 Replied 2/18/05 Approved 03/02/05
2nd EAD - Applied 11/02/2005 - Approved 12/02/2005
2nd AP - Applied 11/02/2005 - Approved 12/20/2005
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mn1975
11-06 12:25 PM
gives good insight about the infopass
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CraigSum
07-08 11:30 AM
http://digg.com/politics/July_Green_Card_Fiasco_Not_fault_of_DOS_as_per_Con doleeza_Rice_on_CNBC
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sunny1000
05-15 01:07 PM
I believe Mbhai did a dis-service by negating good advice. What is the guarantee that the 2nd women that this guy marries will not ask for divorce? The best thing he can do is find a way to reconcile, unless there is marital infidility.
I
I disagree with the first part of your statement. There are no guarantees in life. But, giving unsolicited advice especially without knowing what happened in their marital life is no good. Only he and his spouse would know what happened and it is completely up to them to decide what is good for them. He has clearly told in his post that he has given his best and it is at a point of no return. Only people who go thru this grueling experience can understand how hard it is.
140jibjab was merely asking for help with his 485 application and if you can, please advise him on that . If not, please leave him alone.
I am sure I am going to get a lot of red dots for this and so be it.
I
I disagree with the first part of your statement. There are no guarantees in life. But, giving unsolicited advice especially without knowing what happened in their marital life is no good. Only he and his spouse would know what happened and it is completely up to them to decide what is good for them. He has clearly told in his post that he has given his best and it is at a point of no return. Only people who go thru this grueling experience can understand how hard it is.
140jibjab was merely asking for help with his 485 application and if you can, please advise him on that . If not, please leave him alone.
I am sure I am going to get a lot of red dots for this and so be it.
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Green.Tech
06-27 02:36 PM
Janak et. al.
Guys, please read what people are asking for before you insert your smart ass comments and start preaching. No one is talking about saving money. People are just trying to know which photos are acceptable to USCIS.
Get a life man!
Guys, please read what people are asking for before you insert your smart ass comments and start preaching. No one is talking about saving money. People are just trying to know which photos are acceptable to USCIS.
Get a life man!
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pkpalta
12-20 06:28 PM
Guys,
I think we should post this on http://www.immigrationportal.com and ask Rajeev Khanna or ask Mathew Oh of http://www.immigration-law.com.
I'm sure they might help us by putting up a post for this.
I think we should post this on http://www.immigrationportal.com and ask Rajeev Khanna or ask Mathew Oh of http://www.immigration-law.com.
I'm sure they might help us by putting up a post for this.
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Marphad
11-30 03:40 PM
Immigrationvoice team has been working on the publicly available USCIS data since its release on USCIS website and we have been discussing this data with top USCIS officials to clear doubts.
Immigration Voice is releasing the analysis of the information for the community. You can view the report at
http://immigrationvoice.org/index.php?option=com_content&task=view&id=97&Itemid=36
We are putting together a list of recommendations about this data for our next meeting with USCIS. If you have suggestions, do post on the thread. We would also be updating this report on regular basis as the data is updated on USCIS site and numbers change due to approvals/pre-adjudications/field office data/ CP and spillovers. The visa bulletin movement will also be compared against the report and checked with USCIS and DOS.
Team IV
Note: Please read the entire document rather than just basing your judgment on the graph and the visa bulletin charts. There are several caveats and limitations of this data.
We feel this is a one step ahead of the IV prediction tool published by IV in the past. We will continue to refine the analysis as we receive information from DOS and USCIS through our advocacy efforts.
Thanks, good job!
Immigration Voice is releasing the analysis of the information for the community. You can view the report at
http://immigrationvoice.org/index.php?option=com_content&task=view&id=97&Itemid=36
We are putting together a list of recommendations about this data for our next meeting with USCIS. If you have suggestions, do post on the thread. We would also be updating this report on regular basis as the data is updated on USCIS site and numbers change due to approvals/pre-adjudications/field office data/ CP and spillovers. The visa bulletin movement will also be compared against the report and checked with USCIS and DOS.
Team IV
Note: Please read the entire document rather than just basing your judgment on the graph and the visa bulletin charts. There are several caveats and limitations of this data.
We feel this is a one step ahead of the IV prediction tool published by IV in the past. We will continue to refine the analysis as we receive information from DOS and USCIS through our advocacy efforts.
Thanks, good job!
more...
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dpp
07-19 04:37 PM
Yes, don't worry guys. Once I-140 is approved, most of employment and job related stuff is over.
I-485 is mainly for status change stage to check criminal background (not job related :) ), FP and name check. They won't check much on job.
It is all straight forward and only a time consuming stage. Thats all. Enjoy the AOS pending stage.
This is confusing..I have a similar situation(not paid for 2 weeks)..
When i talked to my lawyer she said that employement verification is done in I-140 and since that is approved I dont need to worry abt it for 485??
What does your lawyer say?
I-485 is mainly for status change stage to check criminal background (not job related :) ), FP and name check. They won't check much on job.
It is all straight forward and only a time consuming stage. Thats all. Enjoy the AOS pending stage.
This is confusing..I have a similar situation(not paid for 2 weeks)..
When i talked to my lawyer she said that employement verification is done in I-140 and since that is approved I dont need to worry abt it for 485??
What does your lawyer say?
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pd_recapturing
03-22 09:48 AM
BharatPremi, I PMed you. Check my message.
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mpadapa
02-11 09:23 AM
DOS recently released the visa usage statistics for FY 2008 (http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf). For once USCIS managed to use up all the visas allocated for the year. Kudos to USCIS :D But it comes with a price for EB folks. For the past few years, forward movement of PD during the last months of the FY has been propelled due to the spillover of unused FB visa's from prior year. Remember last year almost 23k FB visas got spilled over to the EB limit and caused significant forward movement of PD's for EB2 I/C. Unfortunately in 2008 USCIS used up all of the FB visa's, hence there will be no visa's to spillover:mad: I had consolidated the visa usages in the past few years, Here is a link to the document (http://spreadsheets.google.com/ccc?key=p_liYSUcqZRXA9OjuWUNRag&hl=en). The document has hyper link to the source for all the data.
If you are EB3 I/C and wondering why dates didn't move in 2008. Here is the answer,
EB3-C and EB3-I got 1,985 and 3,576 visa's respectively. With such kind of visa allocation there is no doubt about why the dates aren't moving.
If you are EB2 I/C and dreaming that somehow the new spillover would take care of things. You might be pleasantly surprised by the usage of EB1 and EB2-ROW in 2008. Last year many were dreaming that all of the 23K FB visa's would directly go to EB2-I/C but the data shows otherwise. EB2-C and EB-I got 6,967 and 14,819 visa's respectively for the entire 2008. If all the 23K visa's were used by EB2-I/C then their respective numbers would have been much higher.
Bottom line: Without significant change in the EB limit through recapture or increase in EB limit. The forward movement of PD will be a trickle atleast for the rest of the year. We can pray and do whatever before every bulletins, but the numbers cannot lie and hence the bulletins would be a disappointment (for many) until we grasp the reality.
Let us get our acts together and start working together towards some constructive actions like a bill or an amendment. Let us have a healthy debate on what needs to be done.
If you are EB3 I/C and wondering why dates didn't move in 2008. Here is the answer,
EB3-C and EB3-I got 1,985 and 3,576 visa's respectively. With such kind of visa allocation there is no doubt about why the dates aren't moving.
If you are EB2 I/C and dreaming that somehow the new spillover would take care of things. You might be pleasantly surprised by the usage of EB1 and EB2-ROW in 2008. Last year many were dreaming that all of the 23K FB visa's would directly go to EB2-I/C but the data shows otherwise. EB2-C and EB-I got 6,967 and 14,819 visa's respectively for the entire 2008. If all the 23K visa's were used by EB2-I/C then their respective numbers would have been much higher.
Bottom line: Without significant change in the EB limit through recapture or increase in EB limit. The forward movement of PD will be a trickle atleast for the rest of the year. We can pray and do whatever before every bulletins, but the numbers cannot lie and hence the bulletins would be a disappointment (for many) until we grasp the reality.
Let us get our acts together and start working together towards some constructive actions like a bill or an amendment. Let us have a healthy debate on what needs to be done.
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PD_Dec2002
05-29 04:07 PM
Posting this since almost every thread has the question about the cut-off date after which all LCs or I-140s will be invalidated.
http://www.ilw.com/articles/2007,0530-endelman.shtm
Excerpt from "http://www.ilw.com/articles/2007,0530-endelman.shtm" posted earlier, the cutoff date is May 15, 2007; NOT May 21 2007. (Thanks to "cnag" for finding this link).
... ...
Wait, there is more! The end of employer-sponsored immigration and the inauguration of the points system do not take place at the same time. No kidding, there are two different dates when the old is no good and the new becomes available. If you can contain your excitement and read the finer points of Section 502(d)(1) of S. 1348, you will discover that the point system does not take effect until the first day of the fiscal year following enactment, unless (and there always is one) this is less than 270 days. What then? Not to fear. In that case, the point system does not "go live" until the first day of the FOLLOWING fiscal year. Keep reading! The point system in clause (1) is made expressly subject to clause (2) which has few surprises in store. It is not for the uninitiated or the faint of heart. These tender souls should protect their blood pressure and keep on reading. Pursuant to Section 502(d)(2), only those employment-based immigrant petitions on Form I-140 filed before the introduction of S. 1348 on May 15th will remain valid and serve as the basis for an immigrant visa after enactment. So what, you say? Well, suppose that President Bush signs the bill on September 10th 2007. That is the date of enactment. Now, the points system waits until October 1, 2008, the first day of the second fiscal year following enactment. From September 10, 2007 until October 1, 2008, over one year, we will have no employment-based green cards! You heard me right friend, no employer sponsorship based on anything after May 15th 2007 and no points system. This is Pat Buchanan's dream come true- an entire fiscal year without any green cards being issued on the basis of employment!
... ...
Thanks,
Jayant
http://www.ilw.com/articles/2007,0530-endelman.shtm
http://www.ilw.com/articles/2007,0530-endelman.shtm
Excerpt from "http://www.ilw.com/articles/2007,0530-endelman.shtm" posted earlier, the cutoff date is May 15, 2007; NOT May 21 2007. (Thanks to "cnag" for finding this link).
... ...
Wait, there is more! The end of employer-sponsored immigration and the inauguration of the points system do not take place at the same time. No kidding, there are two different dates when the old is no good and the new becomes available. If you can contain your excitement and read the finer points of Section 502(d)(1) of S. 1348, you will discover that the point system does not take effect until the first day of the fiscal year following enactment, unless (and there always is one) this is less than 270 days. What then? Not to fear. In that case, the point system does not "go live" until the first day of the FOLLOWING fiscal year. Keep reading! The point system in clause (1) is made expressly subject to clause (2) which has few surprises in store. It is not for the uninitiated or the faint of heart. These tender souls should protect their blood pressure and keep on reading. Pursuant to Section 502(d)(2), only those employment-based immigrant petitions on Form I-140 filed before the introduction of S. 1348 on May 15th will remain valid and serve as the basis for an immigrant visa after enactment. So what, you say? Well, suppose that President Bush signs the bill on September 10th 2007. That is the date of enactment. Now, the points system waits until October 1, 2008, the first day of the second fiscal year following enactment. From September 10, 2007 until October 1, 2008, over one year, we will have no employment-based green cards! You heard me right friend, no employer sponsorship based on anything after May 15th 2007 and no points system. This is Pat Buchanan's dream come true- an entire fiscal year without any green cards being issued on the basis of employment!
... ...
Thanks,
Jayant
http://www.ilw.com/articles/2007,0530-endelman.shtm
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songlan
05-25 11:48 AM
Visit here http://www.canadaimmigrants.com/forum.asp
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drirshad
07-04 10:01 PM
I ve been paying all GC fees from the LC, company pays only H-1 fees.
For I-485 total expenditure as follows:
$1300- attorney fees
$300- doc fees
$200- other docs, vaccines, etc
USCIA appln fees for me & spouse for 485 765 131 ....
Lost hours at working for the medical and attorney appointments almost 24 hours * $40 = $816-
Sleepless nights filing forms & submitting on time = priceless ....
For I-485 total expenditure as follows:
$1300- attorney fees
$300- doc fees
$200- other docs, vaccines, etc
USCIA appln fees for me & spouse for 485 765 131 ....
Lost hours at working for the medical and attorney appointments almost 24 hours * $40 = $816-
Sleepless nights filing forms & submitting on time = priceless ....
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desi3933
02-25 09:28 PM
I changed it to clarify. The answer is YES, we have had 100% approvals for CA=MA, but we have done relatively few. This is based on Indian documentation that CA=PGD. However the stronger evidence points to CA=BA. As you can see someone on this board got an approval for our evaluation for a CA=MA with a professor's expert letter. The professor's letters are not cheap but effective.
In India, only UGC (University Grant Commission) is qualified to issue equivalency letters. Professor letter can be supplemental, but it can not be authentic certification, as UGC is only one to issue that.
>> The professor's letters are not cheap but effective.
Care to explain what do you mean by "not cheap"?
Is there any university that have taken CA qualified for PhD programme?
In India, only UGC (University Grant Commission) is qualified to issue equivalency letters. Professor letter can be supplemental, but it can not be authentic certification, as UGC is only one to issue that.
>> The professor's letters are not cheap but effective.
Care to explain what do you mean by "not cheap"?
Is there any university that have taken CA qualified for PhD programme?
beppenyc
03-16 03:18 PM
I tend to agree too that nothing will happen, too much talking, too much BS, but, I can only hope that the republicans know that they can loose the house control, so, maybe they will prefer to have something more conservative than nothing.
Almond
11-02 01:58 PM
I'm getting my bag of M & M's and box of Kleenex tissues ready.
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