Ramba
10-21 06:18 PM
Thanks Ramba for your insights.
Whatever the reasons - its apparent USCIS is not following the AC21 regulations and it is not fair. I believe, AC21 regulations are made with an objective of improving immigration rules for 21st century (and thus the name American Competetiveness for 21st century) and provide some mobility for the applicants while their GC applications are pending. The delay in application processing is still relevant (actually its more severe) - irrespective of whether its caused by processing or because of lack of visa numbers. AC21 regulations never mentioned about the origin of delay or the longivity of applicant with original company. Changing interpretation of a rule they made, that too without notice is unfair and maybe even unlawful.
So far I was thinking that its a case of misinformed IO rejecting I485 once they see a I140 revocation. But rejecting MTR on the grounds that employee has left the company on his/her own and so does not have intent of continuing in the job is just plain twisting of their own rules. And we need a much bigger effort - if its a case of a few misinformed USCIS employees incorrectly rejecting I485 - then it could have been fixed with a low key effort that we are doing. We are seeing more rejections based on unknown "interpretations" - and even MTR getting rejected - it kind of gives a feeling that they have a bigger agenda here and we need to fight on a bigger scale.
If a guy lawfully changed the job after 180 days of 485 filing, it is remain valid even if employer revokes already approved 140. Only solution to overcome this MTR, is taking this to court. In the case of dispute between employee and employer regarding "intent", the employee will have more leverage if he had a considerable period of employment relationship sponsor.
Whatever the reasons - its apparent USCIS is not following the AC21 regulations and it is not fair. I believe, AC21 regulations are made with an objective of improving immigration rules for 21st century (and thus the name American Competetiveness for 21st century) and provide some mobility for the applicants while their GC applications are pending. The delay in application processing is still relevant (actually its more severe) - irrespective of whether its caused by processing or because of lack of visa numbers. AC21 regulations never mentioned about the origin of delay or the longivity of applicant with original company. Changing interpretation of a rule they made, that too without notice is unfair and maybe even unlawful.
So far I was thinking that its a case of misinformed IO rejecting I485 once they see a I140 revocation. But rejecting MTR on the grounds that employee has left the company on his/her own and so does not have intent of continuing in the job is just plain twisting of their own rules. And we need a much bigger effort - if its a case of a few misinformed USCIS employees incorrectly rejecting I485 - then it could have been fixed with a low key effort that we are doing. We are seeing more rejections based on unknown "interpretations" - and even MTR getting rejected - it kind of gives a feeling that they have a bigger agenda here and we need to fight on a bigger scale.
If a guy lawfully changed the job after 180 days of 485 filing, it is remain valid even if employer revokes already approved 140. Only solution to overcome this MTR, is taking this to court. In the case of dispute between employee and employer regarding "intent", the employee will have more leverage if he had a considerable period of employment relationship sponsor.
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crazyghoda
12-15 12:04 PM
Sounds like a good idea. My doctor told me at my annual physical that I need to lose 10-20 lbs :D
Dear Friends,
What about if some of us will go for hunger strike in front of USCIC building? may be the will listen to us then.
please dont give reds if you dont like it, just ignore it. man I am very frustrated with the situation.
MC
Dear Friends,
What about if some of us will go for hunger strike in front of USCIC building? may be the will listen to us then.
please dont give reds if you dont like it, just ignore it. man I am very frustrated with the situation.
MC
chanduv23
09-12 01:58 PM
These are all good thoughts but what u are suggesting takes some time.
The issue has two legs:
Leg 1: Process fix
Leg 2: Increasing number of greencards
What I am talking about is leg 1 and what you are talking about is for leg 2
and both are required.
I am not discouraging you for taking initiative - I am for it - let this be the first step towards doing something - but looks like we lack directive and path of execution.
The issue has two legs:
Leg 1: Process fix
Leg 2: Increasing number of greencards
What I am talking about is leg 1 and what you are talking about is for leg 2
and both are required.
I am not discouraging you for taking initiative - I am for it - let this be the first step towards doing something - but looks like we lack directive and path of execution.
2011 Jesus Christ on Cross [Oil
dilipcr
06-11 08:11 PM
I am happy for following things in life:
1) I still have a job, or atleast pay.
2) I have an EAD, those in PERM, 140, do not have that option.
3) I am better placed than those seeking immigration as brothers and sisters of US citizens :-d or as married children of US citizens.
I am not happy about:
1) Don't have the plastic that says, I can stay on even if I don't have a job.
2) Those from other countries getting "lottery" visa instead of hard work.
Who said "hard work" pays off? It just takes LUCK in life for things to fall in place. From tomorrow, I am just going to buy lottery and do NO work.
I dont think Luck is all that is needed in life. Getting a perspective on things around is the key. Understand this fact. Recession happens once every 6 years on average. Every recession seems like a depression during the times. Believe me, we felt that the tech meltdown of 2001 was the end of the world for all those high flying dreams. Today people say that the 2001 recession was a mil one. Yeah, tell that to the people on H1 visas wo lost their jobs and had to leave the country. The same scenario seems to be the case now. Just hang in there and dont go by these bogus media headlines that scream that one would have to wait atleast for 10 years for a GC. They were the same then too. Do what you do well with this perspective in mind and you should be ok.
1) I still have a job, or atleast pay.
2) I have an EAD, those in PERM, 140, do not have that option.
3) I am better placed than those seeking immigration as brothers and sisters of US citizens :-d or as married children of US citizens.
I am not happy about:
1) Don't have the plastic that says, I can stay on even if I don't have a job.
2) Those from other countries getting "lottery" visa instead of hard work.
Who said "hard work" pays off? It just takes LUCK in life for things to fall in place. From tomorrow, I am just going to buy lottery and do NO work.
I dont think Luck is all that is needed in life. Getting a perspective on things around is the key. Understand this fact. Recession happens once every 6 years on average. Every recession seems like a depression during the times. Believe me, we felt that the tech meltdown of 2001 was the end of the world for all those high flying dreams. Today people say that the 2001 recession was a mil one. Yeah, tell that to the people on H1 visas wo lost their jobs and had to leave the country. The same scenario seems to be the case now. Just hang in there and dont go by these bogus media headlines that scream that one would have to wait atleast for 10 years for a GC. They were the same then too. Do what you do well with this perspective in mind and you should be ok.
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bsbawa10
09-10 12:23 PM
One thing I fail to understand, instead of flower compaign why do not we go in for letter compaign. Write letter to DOS and USCIS with copies to members of the congress highlighting all their inefficiencies and inconsistencies. USCIS does not deserve flowers for what it has done to us and what it is doing to us. Do you get flowers and info pass appointment ? Does customer service speak nicely to you and give you right answers ? Do you give flowers to anybody who mistreats you in real life ? I know Munbai ...has impressed a lot but that was a movie. Have you ever realized what would have happened, had it not been a movie ? Things would not have moved at all.
santb1975
05-30 09:56 PM
hmmm..
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satyasaich
03-08 01:06 PM
just about to start
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Ramba
10-01 05:37 PM
I think there will not much visa numbers unused. If at all, it may be in few hundreds. We are thinking our point of view, even wasting one visa number is ridiculus based on number peoples are waiting. However, the INA states that every year "not more than 140,000 EB visas should be issued".It sets only upper limit not the lower limit. Therefore DOS has be more vigilant in not exceding 140K. By doing so, there may be a few wastage of numbers. If they issue 120K instead of 140K, it is not the violation of law. Insted if they issue 141K it is vialotion of law.
However, if the wastage is more than few hundreds it is definitly not acceptable.
However, if the wastage is more than few hundreds it is definitly not acceptable.
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chanduv23
11-17 02:26 PM
Pardon my ignorance, but is this something we can ask clarification from CIS Ombudsman? Its real confusing:confused:
Some updates: I talked to two different lawyers and both advised differently on this issue. In fact I got the impression that one of them didn't have much clue as much as some experienced IV members have. (He said if job titles are different than you have issues...) There are many people hanging on to their current employer due to confusion on this issue and potential effect on pending GC.
and the great question continues to haunt: can a person keep working legally on EAD status if his/hers I-485 gets revoked in error by CIS? or he will be forced to resign from a new job when his MTR is being filed or in progress??? This is really killing me. Who has the answer? if anyone knows, please please share!
lazycis, chanduv - anyone to comment on above new information???
My blog was based on Attorney Rajiv Khanna's interpretation. We need to definitely nail this out. Any experts?
Some updates: I talked to two different lawyers and both advised differently on this issue. In fact I got the impression that one of them didn't have much clue as much as some experienced IV members have. (He said if job titles are different than you have issues...) There are many people hanging on to their current employer due to confusion on this issue and potential effect on pending GC.
and the great question continues to haunt: can a person keep working legally on EAD status if his/hers I-485 gets revoked in error by CIS? or he will be forced to resign from a new job when his MTR is being filed or in progress??? This is really killing me. Who has the answer? if anyone knows, please please share!
lazycis, chanduv - anyone to comment on above new information???
My blog was based on Attorney Rajiv Khanna's interpretation. We need to definitely nail this out. Any experts?
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kyjy
03-24 09:16 PM
Did anyone receive LC approval that was filed in Delaware?
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mirage
03-31 01:57 PM
Their objective is to provide service to the customers, we are their customers, we are giving them exorbitent amount of money as fees. I don't know of any other Organization/Company who provides as crappy service as they do, what would you call their management then ???
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Hassan11
07-20 02:52 PM
you might want to contact the indian community that donated to Hillary and inform them with her vote against immigrants. they need to write her a letter asking for answers. she has to know that legal immigrants have supports from their communities like this community that donated money ($2M is a lot of money and should have a word for it)
we have to write to senators ( Democrats especially) as a group and ask why they voted against legal immigrants. let show them that we are following what going on and we are aware of their actions against us.
let setup a web fax to send them as a group.
can someone write a letter to protest their votes against legal immigrants and then we can send it as a web fax.
Indian community gave 2 million dollars in fund raising to her this month and she forgets all that. Don't contribute a dime to narrow minded people like these. It is like a slap in the face for the community
we have to write to senators ( Democrats especially) as a group and ask why they voted against legal immigrants. let show them that we are following what going on and we are aware of their actions against us.
let setup a web fax to send them as a group.
can someone write a letter to protest their votes against legal immigrants and then we can send it as a web fax.
Indian community gave 2 million dollars in fund raising to her this month and she forgets all that. Don't contribute a dime to narrow minded people like these. It is like a slap in the face for the community
more...
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ags123
03-07 02:07 PM
Thanks Trueguy, I hadnt counted for the full financial year but had taken a small sample.
The only things which give me hope on Eb2 I are:
a) Eb2 I has always consistently moved forward but last year they had keep moving it backward in the first 6 months
b)Even then in Apr 2008 Eb2 I recovered from U to Dec 03
c) In Jul 08 and Aug 08 Eb3 ROW became U but Eb2 I increased all the way to mid 06
Assuming they use up all the numbers this year i just cant see how Eb2 I can retrogress.
(Big Assumption)
The only things which give me hope on Eb2 I are:
a) Eb2 I has always consistently moved forward but last year they had keep moving it backward in the first 6 months
b)Even then in Apr 2008 Eb2 I recovered from U to Dec 03
c) In Jul 08 and Aug 08 Eb3 ROW became U but Eb2 I increased all the way to mid 06
Assuming they use up all the numbers this year i just cant see how Eb2 I can retrogress.
(Big Assumption)
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Beta_mle
06-10 07:46 AM
This is not a free market for labour. This is no kind of freedom, let's call it what it is, it is indentured servitude.
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jayleno
10-20 10:44 AM
The thread needs to float on top
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pointlesswait
07-15 11:24 PM
$10, via chase!
njoy!
njoy!
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nojoke
09-05 07:05 PM
There is no doubt about NRIs are the prime reason for the real estate boom in India. It is tottally unbelivable that 2 bedroom flat in a normal second class town has gone to up to 40 lakes. Decent independent houses are in terms of crores in small cites. Two factors. One is foreign money and second in black money from local dadas/politicians. Also demand vs supply. The availble land is small and demand for that land is too high due to these two gropus.
I visited one of my NRI friends house in India, where he is not going to live as he is a US citizen. His parents already won two houses and they bought another house as a investment. This house in a recent development area in a small town where there is no high tech employment is avialable; In my feeling it may not worth 5 lakes; they were selling at 45 lakes. Even if anyone ready to pay 45 lakes there is no unit is avialable; everything was sold to NRIs. No resident won the houses in that area. All the dads and mos are baby sitting the houses. Renting alos not that easy. It is tottally unbelivable. I wonder why all the NRIs buying house in India and increisng the house price? The guys working here (or any part of the world) and not going to live in India, why government should allow to buy the house and increse the price? Everyone tries to do real estate bussiness there. That is the main reason for price increase.
Is is sad. All these NRIs are going to learn a very valuable lesson. Speculation is not a good strategy for investing. A lot learned that in the past few months here in USA. In a year we will be seeing the full blown post bubble correction in India. If one can rent an apartment for 15,000 why would one buy it for 50 lakhs. The interest alone on 50 lakhs is 50,000 every month. It is like buy and rent it and loose money. Instead why don't they deposit in a bank and get 50,000 every month:confused:
I visited one of my NRI friends house in India, where he is not going to live as he is a US citizen. His parents already won two houses and they bought another house as a investment. This house in a recent development area in a small town where there is no high tech employment is avialable; In my feeling it may not worth 5 lakes; they were selling at 45 lakes. Even if anyone ready to pay 45 lakes there is no unit is avialable; everything was sold to NRIs. No resident won the houses in that area. All the dads and mos are baby sitting the houses. Renting alos not that easy. It is tottally unbelivable. I wonder why all the NRIs buying house in India and increisng the house price? The guys working here (or any part of the world) and not going to live in India, why government should allow to buy the house and increse the price? Everyone tries to do real estate bussiness there. That is the main reason for price increase.
Is is sad. All these NRIs are going to learn a very valuable lesson. Speculation is not a good strategy for investing. A lot learned that in the past few months here in USA. In a year we will be seeing the full blown post bubble correction in India. If one can rent an apartment for 15,000 why would one buy it for 50 lakhs. The interest alone on 50 lakhs is 50,000 every month. It is like buy and rent it and loose money. Instead why don't they deposit in a bank and get 50,000 every month:confused:
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swo
07-21 04:05 AM
Kindly note yourself John, that using fonts like this are obnoxious. Also note that in America we write it like this: 240,000. Not 2,40,000. I'm not sure why I keep seeing this here. Is this some kind of Indian thing?
Kindly note,
This particular Cornyn amendment (S.Amdt. 2339) offered to attach to H.R. 2669 (College Cost Reduction Act of 2007 ), but the motion was failed due to lack of 5 votes.(55 YEAS and 40 NAYs. Require 3/5 majority) HR.2669 is passed by both Senate and house and sent for conference to resolve the difference between house and senate versions and president is sure to sign the bill and thus would become the law in another few days. This amendment does not have anything to do with defence bill, which itself is a failed bill or with SKILL bill. Following is the actions taken by congress of HR 2669.
IF THE AMENDMENT HAD PASSED WE WOULD HAVE GOT ATLEAST 2,40,000 RECAPTURED, UNUSED VISAS OF PREVIOUS YEARS IN ANOTHER FEW DAYS.
H.R.2669
Title: To provide for reconciliation pursuant to section 601 of the concurrent resolution on the budget for fiscal year 2008.
Sponsor: Rep Miller, George [CA-7] (introduced 6/12/2007) Cosponsors (31)
Related Bills: H.RES.531
Latest Major Action: 7/20/2007 Resolving differences -- Senate actions. Status: Senate insists on its amendment, asks for a conference, appoints conferees Kennedy; Dodd; Harkin; Mikulski; Bingaman; Murray; Reed; Clinton; Obama; Sanders; Brown; Enzi; Gregg; Alexander; Burr; Isakson; Murkowski; Hatch; Roberts; Allard; Coburn.
House Reports: 110-210
MAJOR ACTIONS:
6/12/2007 Introduced in House
6/25/2007 Reported (Amended) by the Committee on Education and Labor. H. Rept. 110-210.
7/11/2007 Passed/agreed to in House: On passage Passed by recorded vote: 273 - 149 (Roll no. 613).
7/20/2007 Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 78 - 18. Record Vote Number: 272.
7/20/2007 Resolving differences -- Senate actions: Senate insists on its amendment, asks for a conference, appoints conferees Kennedy; Dodd; Harkin; Mikulski; Bingaman; Murray; Reed; Clinton; Obama; Sanders; Brown; Enzi; Gregg; Alexander; Burr; Isakson; Murkowski; Hatch; Roberts; Allard; Coburn.
Kindly note,
This particular Cornyn amendment (S.Amdt. 2339) offered to attach to H.R. 2669 (College Cost Reduction Act of 2007 ), but the motion was failed due to lack of 5 votes.(55 YEAS and 40 NAYs. Require 3/5 majority) HR.2669 is passed by both Senate and house and sent for conference to resolve the difference between house and senate versions and president is sure to sign the bill and thus would become the law in another few days. This amendment does not have anything to do with defence bill, which itself is a failed bill or with SKILL bill. Following is the actions taken by congress of HR 2669.
IF THE AMENDMENT HAD PASSED WE WOULD HAVE GOT ATLEAST 2,40,000 RECAPTURED, UNUSED VISAS OF PREVIOUS YEARS IN ANOTHER FEW DAYS.
H.R.2669
Title: To provide for reconciliation pursuant to section 601 of the concurrent resolution on the budget for fiscal year 2008.
Sponsor: Rep Miller, George [CA-7] (introduced 6/12/2007) Cosponsors (31)
Related Bills: H.RES.531
Latest Major Action: 7/20/2007 Resolving differences -- Senate actions. Status: Senate insists on its amendment, asks for a conference, appoints conferees Kennedy; Dodd; Harkin; Mikulski; Bingaman; Murray; Reed; Clinton; Obama; Sanders; Brown; Enzi; Gregg; Alexander; Burr; Isakson; Murkowski; Hatch; Roberts; Allard; Coburn.
House Reports: 110-210
MAJOR ACTIONS:
6/12/2007 Introduced in House
6/25/2007 Reported (Amended) by the Committee on Education and Labor. H. Rept. 110-210.
7/11/2007 Passed/agreed to in House: On passage Passed by recorded vote: 273 - 149 (Roll no. 613).
7/20/2007 Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 78 - 18. Record Vote Number: 272.
7/20/2007 Resolving differences -- Senate actions: Senate insists on its amendment, asks for a conference, appoints conferees Kennedy; Dodd; Harkin; Mikulski; Bingaman; Murray; Reed; Clinton; Obama; Sanders; Brown; Enzi; Gregg; Alexander; Burr; Isakson; Murkowski; Hatch; Roberts; Allard; Coburn.
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eb3_nepa
07-14 02:29 PM
Dear IVians
Please make it happen. Just $5 will never hurt anybody's economy / budget.
I wanted to cover 9 more souls if there is any acute shortage of even $5 (not to offend anyone), hence sent a check for $50
Suport IV
Satya
Excellent job Satya. People please learn from Satya's example.
Please contribute $5 for yourself and $5 for your spouse. NO other website asks for donations as low as $5.
Please make it happen. Just $5 will never hurt anybody's economy / budget.
I wanted to cover 9 more souls if there is any acute shortage of even $5 (not to offend anyone), hence sent a check for $50
Suport IV
Satya
Excellent job Satya. People please learn from Satya's example.
Please contribute $5 for yourself and $5 for your spouse. NO other website asks for donations as low as $5.
anyluck?
12-10 06:48 PM
I was single at that july 07 fiasco, now repenting.wife cannot work. no tunnel, no light.
pmat
03-13 01:03 PM
How long does it take to receive the cert in mail?
nixstor,
mine took 20 days.
nixstor,
mine took 20 days.
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