GoneSouth
06-01 06:35 PM
Hmm so I was quite worried about good old Section 502(d)(2) at first, but after re reading carefully, this may not be terrible. I (and others?) might have pressed the panic button a little too quickly.
As I read it now (and I am NOT a lawyer), any I-140 petition adjudicated after the effective date of this legislation (Oct 2008 seems to be the popular opinion) will be rejected if the I-140 petition has a filing date after May 15th 2007. If this *only* applies to adjudication of I-140s and NOT to I-485s, this means that you would have to have filed your I-140 after May 15th and have it still pending by Oct 2008 .... 14 months for folks filing in the near future. This is quite unlikely, as it takes only a month or so for premium processing, and around 6 months for non-premium.
Folks might get into trouble if they have a labor certification stuck in the BEC and it doesn't get approved for another 12 months or so...
Comments ?
- GS
(of course, this is all speculation, I realize there's a long way to go before this becomes law).
As I read it now (and I am NOT a lawyer), any I-140 petition adjudicated after the effective date of this legislation (Oct 2008 seems to be the popular opinion) will be rejected if the I-140 petition has a filing date after May 15th 2007. If this *only* applies to adjudication of I-140s and NOT to I-485s, this means that you would have to have filed your I-140 after May 15th and have it still pending by Oct 2008 .... 14 months for folks filing in the near future. This is quite unlikely, as it takes only a month or so for premium processing, and around 6 months for non-premium.
Folks might get into trouble if they have a labor certification stuck in the BEC and it doesn't get approved for another 12 months or so...
Comments ?
- GS
(of course, this is all speculation, I realize there's a long way to go before this becomes law).
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anyluck?
12-10 05:58 PM
Biggest mistake or unlucky whoever missed July 07 fiasco.
PD_Dec2002
06-02 10:27 PM
Ironical, isn't it? This diatribe coming from someone whose handle is "BigLoser"!! From which mushrooom did you crawl under?
Thanks, but no thanks!
Jayant
Thanks, but no thanks!
Jayant
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chanduv23
05-15 10:58 AM
When the USCIS is doing mistake, we need to ask for fee waiver. If they are nog giving, we should not hesitate to take them to court and make them pay for it. Even one time if we can succeed it will make all the difference.
Ok - any ideas how we can ask? What fee waiver are we asking for?
We need to understand if there is a system in place for fee waiver?
To get any favourable thing like getting fee back and such things, first thing is that they have to officially accept that they are doing this and that is the most difficult part. You cannot get them to talk so easily.
Breaking the law is not acceptable - it can be from all sides, but when you deal with govt agency - it is not easy - there is a lot of beurocracy associated and it is not that easy as we all think it is.
I understand the frustration among the community - but we must all collective channelize our frustratons into something constructive, positive and effective.
thats why we need innovative ideas to deal with this.
Come on EB2, EB3 - US MAsters, US Phds, EB1s , scientists, doctors, engineers, consultants, and all those ivy leagures - can you use your IQ and brains to help wiith these issues? Please post some ideas here.
Ok - any ideas how we can ask? What fee waiver are we asking for?
We need to understand if there is a system in place for fee waiver?
To get any favourable thing like getting fee back and such things, first thing is that they have to officially accept that they are doing this and that is the most difficult part. You cannot get them to talk so easily.
Breaking the law is not acceptable - it can be from all sides, but when you deal with govt agency - it is not easy - there is a lot of beurocracy associated and it is not that easy as we all think it is.
I understand the frustration among the community - but we must all collective channelize our frustratons into something constructive, positive and effective.
thats why we need innovative ideas to deal with this.
Come on EB2, EB3 - US MAsters, US Phds, EB1s , scientists, doctors, engineers, consultants, and all those ivy leagures - can you use your IQ and brains to help wiith these issues? Please post some ideas here.
more...
andy007
07-18 12:12 AM
Labor PD: April 29, 2003 (EB3)
140 Approved Date:
140 approved from: NSC
Mailed to NSC: June 1st
Received at NSC: June 4th
Receipt Date : June 5, 2007 This is what everybody gets now ........
Approved I485: Notice date : June 18, 2007
FP Appointment: July 11, 2007
I-485 : PENDING
140 Approved Date:
140 approved from: NSC
Mailed to NSC: June 1st
Received at NSC: June 4th
Receipt Date : June 5, 2007 This is what everybody gets now ........
Approved I485: Notice date : June 18, 2007
FP Appointment: July 11, 2007
I-485 : PENDING
h1techSlave
05-01 02:35 PM
Cool
The gray dots come when you get either approval/disapproval from somebody who has:
less than 30 posts.
overall negative reputationgray dots have no affect on your reputation. This is to prevent new or disreputes from irresponsibly affecting others' reputations.
The gray dots come when you get either approval/disapproval from somebody who has:
less than 30 posts.
overall negative reputationgray dots have no affect on your reputation. This is to prevent new or disreputes from irresponsibly affecting others' reputations.
more...
Cheran
07-11 11:59 AM
Between Fragoman, My Company and USCIS they sure are going to drive me nuts. I am waiting for green card for 10 years now with the same company. They are moving EB2 date and nothing gets done with EB3. On top of all these, 2 years from now, they will make all dates current which literally mean I will get my Green Card with a guy came here 10 months ago....
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willwin
04-01 11:53 AM
If the system is flawed, any effort to work it out to get things done would seem incompetent and inefficient. First off, this guessing game by USCIS of estimating visa applications and asking for visa numbers from DHS is so neondartal and ridiculous.
Process must be automated and centralized to eliminate any human intervention in performing guesstimates. A pool of visas must be made available in the system and must remain available for the next year to be carried over if needs be. That would eliminate pressure on officials to play the game in the dark and rush like maniacs at the end of the fiscal year to catch frogs!
With all the revenue and system they have, do you think this is so tough to streamline? I doubt.
They can, at the minimum, have the cases in sequence, process per FIFO, control PD movements logically. The minimum they can do, easily.
Process must be automated and centralized to eliminate any human intervention in performing guesstimates. A pool of visas must be made available in the system and must remain available for the next year to be carried over if needs be. That would eliminate pressure on officials to play the game in the dark and rush like maniacs at the end of the fiscal year to catch frogs!
With all the revenue and system they have, do you think this is so tough to streamline? I doubt.
They can, at the minimum, have the cases in sequence, process per FIFO, control PD movements logically. The minimum they can do, easily.
more...
ind_game
05-15 10:09 AM
There was a campaign on wrongful denial in AC21 , there was also letter campaign not sure what happened after that ? It was IV action item too... What was the conclusion ? should we all suffer even if it is a training issue, if they act such nice on letters , then why they act as if there is no form and if AC21 is for real aliens from a real alien world.
Trust me your frustration is understandable......
Guys,
1. Consultant companies are making money by threatening to withdraw I-140 if an employee leaves the company for a better job
2. USCIS is already making enough money on these improper denials (I would like to call it white collar extortion)
3. Attorneys are making money on these cases
In the end we the immigrants are the losers.
Please make more noise on these kinds of issues concerned with I-140 withdrawls and I-485 denials, as this is becoming more and more apparent. Write blogs, spread in forums, write news letters. Go to your local congressman's office and make them aware of the situation. My local congresswoman's office is under the impression that my case is unique, but I am trying to convince them that this is wide spread by sending them the links of Ombudsman etc.,
We need to increase the awareness.
We do not want to get to a point where we may not utilize AC21 properly.
thanks
Trust me your frustration is understandable......
Guys,
1. Consultant companies are making money by threatening to withdraw I-140 if an employee leaves the company for a better job
2. USCIS is already making enough money on these improper denials (I would like to call it white collar extortion)
3. Attorneys are making money on these cases
In the end we the immigrants are the losers.
Please make more noise on these kinds of issues concerned with I-140 withdrawls and I-485 denials, as this is becoming more and more apparent. Write blogs, spread in forums, write news letters. Go to your local congressman's office and make them aware of the situation. My local congresswoman's office is under the impression that my case is unique, but I am trying to convince them that this is wide spread by sending them the links of Ombudsman etc.,
We need to increase the awareness.
We do not want to get to a point where we may not utilize AC21 properly.
thanks
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newbie2020
08-12 01:01 PM
The impact to companies like Infy etc is ~5-10MM
If someone look at their last year Balance sheet, They spent appx 16MM on visas, now assuming H1 cost came to ~10MM (these companies do lot of business elsewhere )
that would translate to ~ 2500 filings (including extn, new etc)
this additional $2000 would result in additional $5MM cost if they decide to continue filing 2500
This would not be too huge to make a dent on these companies. yes they may increase their billing to client by $2-5
So who is ultimately paying it is the American companies who use offshoring companies.
If someone look at their last year Balance sheet, They spent appx 16MM on visas, now assuming H1 cost came to ~10MM (these companies do lot of business elsewhere )
that would translate to ~ 2500 filings (including extn, new etc)
this additional $2000 would result in additional $5MM cost if they decide to continue filing 2500
This would not be too huge to make a dent on these companies. yes they may increase their billing to client by $2-5
So who is ultimately paying it is the American companies who use offshoring companies.
more...
bombaysardar
07-22 04:07 PM
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Aah_GC
07-11 12:13 PM
Try your best to find a job. The market is picking up. At least try to join one of those desi companies even if they are offering a low salary. Just get past this time without making your situation a whole lot more complex.
Dont worry about lawyers, your ex employer revoking I140 - all that stuff doesn't matter now - just go find a job.
I am not sure if I should be happy or sad with this news. I was laidoff recently and had applied for I-485 on July 17,2007 i.e. current processing date for TSC. Also with this bulletin I will be current (EB2 2006). I have not found a new job yet and my company has told me that they will be revoking my I-140 after 30 days. My company lawyers are not advising me much citing conflict of interest.
What options do I have? Will sending a new G-28 form at this time raise any issues that I do not have job with original employer as my PD is current and it is quite possible that my case maybe adjudicated. In the meantime if I do not sent new G-28 form I am not sure how much my company attorney will co-operate
Dont worry about lawyers, your ex employer revoking I140 - all that stuff doesn't matter now - just go find a job.
I am not sure if I should be happy or sad with this news. I was laidoff recently and had applied for I-485 on July 17,2007 i.e. current processing date for TSC. Also with this bulletin I will be current (EB2 2006). I have not found a new job yet and my company has told me that they will be revoking my I-140 after 30 days. My company lawyers are not advising me much citing conflict of interest.
What options do I have? Will sending a new G-28 form at this time raise any issues that I do not have job with original employer as my PD is current and it is quite possible that my case maybe adjudicated. In the meantime if I do not sent new G-28 form I am not sure how much my company attorney will co-operate
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ganguteli
03-12 02:29 PM
I do not support this donor ONLY idea.
Also, Day 1, the FOIA initiative had a goal of $5K.
And without reason, the goal was increased to $10K.
So, pappu should not complain of not reaching the goal when he keeps increasing the goal.
stay consistent.
Is reddog the new browncow? :D:p;)
Dint you read that 5K will get us the data in more than 1 year. Do you want to wait for one year.
Also, Day 1, the FOIA initiative had a goal of $5K.
And without reason, the goal was increased to $10K.
So, pappu should not complain of not reaching the goal when he keeps increasing the goal.
stay consistent.
Is reddog the new browncow? :D:p;)
Dint you read that 5K will get us the data in more than 1 year. Do you want to wait for one year.
more...
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s_r_e_e
08-10 12:32 PM
I am sorry for posting in here, but I was wondering if someone actually went in person to the Houston Consulate to get their passport renewed. Also, do we need to have any reason to attend in person at the Consulate such as emergency, etc.
I am from India and my passport is expiring on Aug 17. I read before in the forum that it is better to go in person to renew the passport. Any experiences please let me know.
Thanks a bunch
If you are around houston, it would be better to go in person. I think they accept the applications only until noon. They would tell u a Pickup date or u have an option to get it mailed. The passport is ready for pickup in 10 working days or so.
I am from India and my passport is expiring on Aug 17. I read before in the forum that it is better to go in person to renew the passport. Any experiences please let me know.
Thanks a bunch
If you are around houston, it would be better to go in person. I think they accept the applications only until noon. They would tell u a Pickup date or u have an option to get it mailed. The passport is ready for pickup in 10 working days or so.
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09-12 07:40 PM
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chanduv23
05-15 10:03 PM
For that only I am telling we need to teach a lesson. Take them once to court, and if we can get the judement once in our favour it will nail the coffin. If we lose, some one else try again in different court.
Shan - I totally understand your frustration and where you are coming from. I had the same level of aggression when i first started participated in IV activities and I am sure, a lot of people want to pursue things in an aggressive manner.
But lets calm down for a minute.
The OP initially contacted IV after googling up and came across our threads and I spoke to him. He was frustrated with opening two MTRs and was looking into mandamus.
I requested him to do the following - exhaust all adminisrative procedures first. Contact Ombudsman, Senators, Congressman, try all options.
See - these kind of decisions are not easy and not not everyone understands this stuff.
Once you go to court, it may take a couple of hearings and you will also have the other side arguing their cause.
We must always remember that - we are in a civilised nation and people on the other side are willing to listen and try to resolve stuff in the best way possible
- Lobbying, awareness etc.. are basic principles of IV .
we are not here to teach someone a lesson or fight with someone - we are here because we want our issues resolved and we must work in the best possible way.
Nevertheless - one must know how litigation also works in case that is the only option.
I request people to please share their ideas and thoughts on how to tackle such issues.
Let frustration not dictate your views. I understand that we all want issues to be resolved and get really aggressive on these forums - but lets just relax and think and see what is the best possible solution.
Shan - I totally understand your frustration and where you are coming from. I had the same level of aggression when i first started participated in IV activities and I am sure, a lot of people want to pursue things in an aggressive manner.
But lets calm down for a minute.
The OP initially contacted IV after googling up and came across our threads and I spoke to him. He was frustrated with opening two MTRs and was looking into mandamus.
I requested him to do the following - exhaust all adminisrative procedures first. Contact Ombudsman, Senators, Congressman, try all options.
See - these kind of decisions are not easy and not not everyone understands this stuff.
Once you go to court, it may take a couple of hearings and you will also have the other side arguing their cause.
We must always remember that - we are in a civilised nation and people on the other side are willing to listen and try to resolve stuff in the best way possible
- Lobbying, awareness etc.. are basic principles of IV .
we are not here to teach someone a lesson or fight with someone - we are here because we want our issues resolved and we must work in the best possible way.
Nevertheless - one must know how litigation also works in case that is the only option.
I request people to please share their ideas and thoughts on how to tackle such issues.
Let frustration not dictate your views. I understand that we all want issues to be resolved and get really aggressive on these forums - but lets just relax and think and see what is the best possible solution.
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grimus
07-20 08:23 AM
Any more news on this? anyone please.
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willwin
06-11 12:33 PM
How would I-140 approvals impact the availability of visa numbers and isnt spill over already happening,ie, removal of country caps, as we have seen last year,last quarter as well in July VB?
More I140 approvals (of those who have already filed their 485) means more 485 eligible to be adjudicated. Longer the queue and more efficient the USCIS is - slower the PD movement.
More I140 approvals (of those who have already filed their 485) means more 485 eligible to be adjudicated. Longer the queue and more efficient the USCIS is - slower the PD movement.
indyanguy
09-25 08:15 PM
This is an excellent thread. It's something I've been looking for for a long time. I am still not clear about using AC21. Here's my situation.
July 2nd filer. Received EAD for me (primary) and my spouse. Waiting for I140 approval. I understand it's risky to invoke AC21 before I140 approval. After I get it approved, here's what I intend to do.
1. Inc a business in my spouse's name.
2. Invoke AC21 and join my spouse's company as a "Software Engineer" (my position in LCA)
If I do this, during I485 adjudication, all I need is an offer letter from my spouse company saying that I am working as a Software Engineer right?
Also, does USCIS care during I485 adjudication whether I got paid continously while employed with my spouse's company?
If for any reason, I decide to quit my spouse's company before I485 adjudication and move to a different company, Will I be able to do this?
July 2nd filer. Received EAD for me (primary) and my spouse. Waiting for I140 approval. I understand it's risky to invoke AC21 before I140 approval. After I get it approved, here's what I intend to do.
1. Inc a business in my spouse's name.
2. Invoke AC21 and join my spouse's company as a "Software Engineer" (my position in LCA)
If I do this, during I485 adjudication, all I need is an offer letter from my spouse company saying that I am working as a Software Engineer right?
Also, does USCIS care during I485 adjudication whether I got paid continously while employed with my spouse's company?
If for any reason, I decide to quit my spouse's company before I485 adjudication and move to a different company, Will I be able to do this?
madhu_online1
02-24 08:09 PM
To those with H-1 extension issues:-
I applied for H1 extension 6 months ago and a month back changed to premium processing. I had got an RFE from regular dept and very same day made my application to premium processing. Now my application got approved without having to respond to RFE.
The RFE was employer-employee relationship and thats one bad RFE! Premium processing dept people are more experienced and better. Go premium on your H1!
Also, when on H-1 you can get promotion. there is no issue. It is called natural progression in job.
Have fun guys. In my opinion grass always looks greener on the other side. I think US is always better. Also, if you are single and EB2, you can make use of cross-chargeability to get your green card! Goodluck.
I applied for H1 extension 6 months ago and a month back changed to premium processing. I had got an RFE from regular dept and very same day made my application to premium processing. Now my application got approved without having to respond to RFE.
The RFE was employer-employee relationship and thats one bad RFE! Premium processing dept people are more experienced and better. Go premium on your H1!
Also, when on H-1 you can get promotion. there is no issue. It is called natural progression in job.
Have fun guys. In my opinion grass always looks greener on the other side. I think US is always better. Also, if you are single and EB2, you can make use of cross-chargeability to get your green card! Goodluck.
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