desi3933
01-30 02:32 PM
......
When you are out of status for more than 6 months you are subject to ban of entry for 3 years to USA. And if you are out of status for more than 1 year you subject to 10 year ban. Again they will ask explanation before taking any action.
.....
.....
H1b will not go dorment untill you change to H4.
Incorrect!
3/10 year applies ONLY for illegal presence and not out of status. The illegal presence starts after I-94 date. I think one of Pappu's blog covers illegal presence details.
However, for I-485 approval, section 245(k) covers out of status for 180 cumulative calendar days since last lawful admission in US.
____________________
Not a legal advice.
US Citizen of Indian Origin
When you are out of status for more than 6 months you are subject to ban of entry for 3 years to USA. And if you are out of status for more than 1 year you subject to 10 year ban. Again they will ask explanation before taking any action.
.....
.....
H1b will not go dorment untill you change to H4.
Incorrect!
3/10 year applies ONLY for illegal presence and not out of status. The illegal presence starts after I-94 date. I think one of Pappu's blog covers illegal presence details.
However, for I-485 approval, section 245(k) covers out of status for 180 cumulative calendar days since last lawful admission in US.
____________________
Not a legal advice.
US Citizen of Indian Origin
wallpaper transformers dark of the moon
bluesky1
10-08 01:20 PM
Getting really worried now! What happened to our packages? I asked my lawyer and he said all the applications filed together with mine have received receipts except mine? Is that normal? Did you guys ask your lawyer? Did the applications filed together with yours all get receipts?
DianaSteve
03-10 12:27 AM
I believe when you get a promotion a new H1B has to be filed and that is hurdle in many aspects. Or what if the company is small and there is nothing to aspire for... like me?
2011 G1 Optimus Prime.
knnmbd
05-05 03:33 PM
What drives the decision for a bill to be considered in Congress/Senate? WHY can't we pitch SKIL or TALENT Bills as a means to separate legal immigration from the ongoing CIR debate?
If politicians are introducing these bills, they should be willing to back them up separtely instead of saying that these come into picture only if CIR fails. Or is the introduction of other bills a sign of CIR's imminent failure? Since the top IV team has the visibility with politicians, this hypocrisy should be resolvable. Please tell us why these bills cannot be taken up while CIR is pending? Isn't that what the lobbying company is supposed to help us with?
No one is prepared to jeopardize their political careers over 12 million illegal immigrants. Thought I have said in my earlier posts that we cannot alienate ourselves from the illegal issue I think we need to take the next step and start to contact the senators who have introduced and backed the SKIL, PACE and TALENT act to see if this can be pushed through senate and congress as seperate bills.
Is the core team looking in to this? There have been a lot of heated arguments on this thread as to the lack benefit to ALL LEGAL IMMIGRANTS with these bills, but we need to look at the bigger picture.PLEASE REMBEMBER THAT IF THE SKIL,PACE OR TALENT goes through a lot of people will benefit directly and will clear the way for folks that will not get immediate benefit from the passage of the bill.SO ALL OF US WIN,and that's important.
If politicians are introducing these bills, they should be willing to back them up separtely instead of saying that these come into picture only if CIR fails. Or is the introduction of other bills a sign of CIR's imminent failure? Since the top IV team has the visibility with politicians, this hypocrisy should be resolvable. Please tell us why these bills cannot be taken up while CIR is pending? Isn't that what the lobbying company is supposed to help us with?
No one is prepared to jeopardize their political careers over 12 million illegal immigrants. Thought I have said in my earlier posts that we cannot alienate ourselves from the illegal issue I think we need to take the next step and start to contact the senators who have introduced and backed the SKIL, PACE and TALENT act to see if this can be pushed through senate and congress as seperate bills.
Is the core team looking in to this? There have been a lot of heated arguments on this thread as to the lack benefit to ALL LEGAL IMMIGRANTS with these bills, but we need to look at the bigger picture.PLEASE REMBEMBER THAT IF THE SKIL,PACE OR TALENT goes through a lot of people will benefit directly and will clear the way for folks that will not get immediate benefit from the passage of the bill.SO ALL OF US WIN,and that's important.
more...
anzerraja
07-20 08:51 AM
Thanks anjs !!!!
Can you please quote the amount you are pledging, so that we can keep track.
Count me in.
Can you please quote the amount you are pledging, so that we can keep track.
Count me in.
malibuguy007
02-12 05:02 PM
C'mon people, $20 is not that big an amount - keep it flowing.
more...
dealsnet
04-22 07:34 AM
We the employment based immigrant community to do some thing to help his family. May be by contributions, and help his family to get his benefits from the company he worked, any insurance, IRA, 401K etc.....
Hiis spouse may not have the ability do these things from a foreign country. Some body from IV must contact his family now based in Sweden. This is my suggestion.
Guys,
I knew Mehul and his family. They migrated to Sweden late January and Mehul passed away peacefully in his sleep on March 2, 2008
Admins, please close/archive this thread. It's painful
Hiis spouse may not have the ability do these things from a foreign country. Some body from IV must contact his family now based in Sweden. This is my suggestion.
Guys,
I knew Mehul and his family. They migrated to Sweden late January and Mehul passed away peacefully in his sleep on March 2, 2008
Admins, please close/archive this thread. It's painful
2010 image of Optimus Prime,
AllVNeedGcPc
04-14 08:35 AM
Thanks for posting your experience. Did you apply for your SIN and your PR card? Do you (or anyone else) have any info on how that's done or what the procedure is?
- Once you complete landing procedure at POE and provide your Canadian address, PR card will come automatically at your address in mail
- SIN (number printout) you can get instantly at any of the ServiceCanada centers. In Toronto, they have plenty of these centers in downtown (Bay street, lake shore blvd, yonge st ...). Card comes in mail
- Once you complete landing procedure at POE and provide your Canadian address, PR card will come automatically at your address in mail
- SIN (number printout) you can get instantly at any of the ServiceCanada centers. In Toronto, they have plenty of these centers in downtown (Bay street, lake shore blvd, yonge st ...). Card comes in mail
more...
kondur_007
07-28 02:08 PM
As I mentioned in my previous post in this thread, I am now posting information that explains why this "horizontal" spill occurred and no amount of campaign will reverse it (other than change in law).
If this is repetition of what has already been discussed elsewhere on the site, I apologize.
First, let me point out when and how the interpretation changed:
Following is from immigration-information.com site (Ron Gotcher):
�Last week, I wrote to Charles Oppenheim of the State Department, asking several specific questions. This morning, I had a long talk with him, when he very graciously called to respond to the questions I e-mailed him earlier. In the course of our discussion, I learned a great deal about the present backlog situation and what is being done about it. First, let me deal with the questions I had asked.
Mr. Oppenheim explained that while the Visa Office initially took the view that visa numbers had to fall down into employment third preference before the could fall across to the individual country quotas, but after further review, additional legislation, and consultation with Congress, they concluded that they have to allocate the fall across within individual preference petitions first.�
Direct link to above post:
http://immigration-information.com/forums/showthread.php?t=5456
Some more information from Ron Gotcher�s site can be found at following link
http://immigration-information.com/forums/showthread.php?t=5703
Now, let�s look at the actual law on this (above is only the interpretation from Mr Oppenheim, following is the actual text of the law: (my comment is in italics)
8 CFR Sec 202(a)
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph (read as under that EB category: if it is EB1, it goes to EB1 and if it is EB2 it goes to EB2) shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Read the entire Sec 202 (a) here:
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe
A glimpse of Sec 203(b) is:
b) Preference Allocation for Employment-Based Immigrants. - Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as follows:
(1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5), to qualified immigrants who are aliens described in any of the following subparagraphs (A) through (C): �.
Please read the entire section 203(b) here:
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe
So, in nutshell:
1. The law is actually clear on this.
2. Now Mr. Oppenheim has interpreted it correctly as well.
3. It don�t think we can convince anyone to change the interpretation (because interpretation appears to be correct. If it was interpreted differently in past, then that was a mistake).
4. The only way to deal with it is to CHANGE THE LAW.
5. More importantly, push for bills to increase overall numbers (recapture, STEM exemption) etc�
6. The big picture: All these is likely to look completely different once CIR comes in, and we need to include our agenda in CIR that would benefit every category for several years to come (not just my GC or your GC).
If this is repetition of what has already been discussed elsewhere on the site, I apologize.
First, let me point out when and how the interpretation changed:
Following is from immigration-information.com site (Ron Gotcher):
�Last week, I wrote to Charles Oppenheim of the State Department, asking several specific questions. This morning, I had a long talk with him, when he very graciously called to respond to the questions I e-mailed him earlier. In the course of our discussion, I learned a great deal about the present backlog situation and what is being done about it. First, let me deal with the questions I had asked.
Mr. Oppenheim explained that while the Visa Office initially took the view that visa numbers had to fall down into employment third preference before the could fall across to the individual country quotas, but after further review, additional legislation, and consultation with Congress, they concluded that they have to allocate the fall across within individual preference petitions first.�
Direct link to above post:
http://immigration-information.com/forums/showthread.php?t=5456
Some more information from Ron Gotcher�s site can be found at following link
http://immigration-information.com/forums/showthread.php?t=5703
Now, let�s look at the actual law on this (above is only the interpretation from Mr Oppenheim, following is the actual text of the law: (my comment is in italics)
8 CFR Sec 202(a)
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph (read as under that EB category: if it is EB1, it goes to EB1 and if it is EB2 it goes to EB2) shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Read the entire Sec 202 (a) here:
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe
A glimpse of Sec 203(b) is:
b) Preference Allocation for Employment-Based Immigrants. - Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as follows:
(1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5), to qualified immigrants who are aliens described in any of the following subparagraphs (A) through (C): �.
Please read the entire section 203(b) here:
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe
So, in nutshell:
1. The law is actually clear on this.
2. Now Mr. Oppenheim has interpreted it correctly as well.
3. It don�t think we can convince anyone to change the interpretation (because interpretation appears to be correct. If it was interpreted differently in past, then that was a mistake).
4. The only way to deal with it is to CHANGE THE LAW.
5. More importantly, push for bills to increase overall numbers (recapture, STEM exemption) etc�
6. The big picture: All these is likely to look completely different once CIR comes in, and we need to include our agenda in CIR that would benefit every category for several years to come (not just my GC or your GC).
hair Re: Behold, Dark Of The Moon
arihant
05-02 11:44 AM
nk2006,
I read it the same way as you. The only difference I see here from provisions in CIR is that this seems to make a distinction between advanced degree holders from US vs outside. Looks like advanced degree holders from US do not have the 3 year restriction. This also seems to be consistent with section 203 where the employer would be allowed to start the GC process for US educated students while they are in OPT stage itself.
I read it the same way as you. The only difference I see here from provisions in CIR is that this seems to make a distinction between advanced degree holders from US vs outside. Looks like advanced degree holders from US do not have the 3 year restriction. This also seems to be consistent with section 203 where the employer would be allowed to start the GC process for US educated students while they are in OPT stage itself.
more...
JazzByTheBay
12-18 08:37 PM
...to your linguistic skills, dear lady (assuming so from the alias... :) )
You had me looking for the word geralizing in a dictionary... :)
Now, it has happened more than a few occassions that I've come across words that I had no clue about.... and this was one such moment. The dictionary bot came up with a blank face, expressing its helplessness. Looking at the results, I'm assuming you meant "generalizing".... clueless me couldn't figure that out sooner.. :)
Nothing like such amusing moments, thanks to IV, to bring cheer to an otherwise dark & gloomy day (well, mostly... in California a little overcast weather for about half a day can cause the much-feared Seasonal Affective Disorder (http://www.mayoclinic.com/health/seasonal-affective-disorder/DS00195) (SAD) to some... :) )
And those feeling depressed.. perhaps the weather may have something to do with it... ?
cheers!
jazz
Both you and Jazz are geralizing.
Most people here are in IT and have IT friends back home.IITans and IIMs get the best opportunities in India. IT ppl even from ordinary universities have a great future.
But what about others? I have several friends who have a B.S,/ M.S / phd in chemistry, art, sociology, agriculture but have limited opportunities in India. They would love to explore oppotunities in US , Europe or any developed country.
India and other developing nations have other priorities. The government would rather help the poor or improve infrastucture then fund a research project.
You had me looking for the word geralizing in a dictionary... :)
Now, it has happened more than a few occassions that I've come across words that I had no clue about.... and this was one such moment. The dictionary bot came up with a blank face, expressing its helplessness. Looking at the results, I'm assuming you meant "generalizing".... clueless me couldn't figure that out sooner.. :)
Nothing like such amusing moments, thanks to IV, to bring cheer to an otherwise dark & gloomy day (well, mostly... in California a little overcast weather for about half a day can cause the much-feared Seasonal Affective Disorder (http://www.mayoclinic.com/health/seasonal-affective-disorder/DS00195) (SAD) to some... :) )
And those feeling depressed.. perhaps the weather may have something to do with it... ?
cheers!
jazz
Both you and Jazz are geralizing.
Most people here are in IT and have IT friends back home.IITans and IIMs get the best opportunities in India. IT ppl even from ordinary universities have a great future.
But what about others? I have several friends who have a B.S,/ M.S / phd in chemistry, art, sociology, agriculture but have limited opportunities in India. They would love to explore oppotunities in US , Europe or any developed country.
India and other developing nations have other priorities. The government would rather help the poor or improve infrastucture then fund a research project.
hot Dark of the Moon Optimus Prime
jessie1981
06-12 12:08 PM
Usually it is a maximum of 2 weeks. NSC approved some in 2 days.
FP notice in a month or so..
EAD 90 days minimum I guess. I don't know about the other one as I live in MI. we do not need anything like that here.
It takes 90 days MINIMUM to get EAD? I've heard that it takes at most 90 days to get EAD. Does anyone know?
FP notice in a month or so..
EAD 90 days minimum I guess. I don't know about the other one as I live in MI. we do not need anything like that here.
It takes 90 days MINIMUM to get EAD? I've heard that it takes at most 90 days to get EAD. Does anyone know?
more...
house to chat with Optimus Prime
Omm
04-24 09:49 PM
It high time that these guys get kicked on what ever, I have seen so many of my friends frustated due to non payment and get scarred to do anything against it..... I appreciate your courage , If they do bussiness and employ people they should legally pay, So many poeple come from India with kids and family and suffer so much when they are not getting paid on bench...I can only sympathise with their situation , Shame on such bussiness...BLOOD SUCKERS, MANIACS . I would say USCIS should create a law to punish these blood sucking monsters.
Training, H1b ...etc takes money ...so what he not stupid(desi employer) to do it for free , He makes altleast 10 times of what he spends in just 6 months when the candidate is on project.
I am sure I am going to get a lot of negative feedback for posting this in from ...so hiding desi employers
Training, H1b ...etc takes money ...so what he not stupid(desi employer) to do it for free , He makes altleast 10 times of what he spends in just 6 months when the candidate is on project.
I am sure I am going to get a lot of negative feedback for posting this in from ...so hiding desi employers
tattoo Optimus Prime
probe
09-12 10:47 PM
Probe:
when did you file your I-140 was it concurrent or filed prior to filing I-485?
.
I filed I-140 in Nov 2006 and it is not a concurrent application
when did you file your I-140 was it concurrent or filed prior to filing I-485?
.
I filed I-140 in Nov 2006 and it is not a concurrent application
more...
pictures tattoo Optimus Prime Blue
Lucky7
06-12 04:51 AM
Sent in concurrent filing 1-140 & I-1485 on June 1st .
RD June 4th
ND June 5th
All checks cashed including PP for I-140 ON 2nd June 2007.
I have a couple of questions:-
How long before i get a answer on Premium Processing on I-140.
How long for Finger Printing notice.
How long before i get EAD.
Can i renew my CA drivers license with I-1485 filing receipt or do i have to wait for EAD.
Thanks folks and hang in there.( It took 6 years for LC approval).
RD June 4th
ND June 5th
All checks cashed including PP for I-140 ON 2nd June 2007.
I have a couple of questions:-
How long before i get a answer on Premium Processing on I-140.
How long for Finger Printing notice.
How long before i get EAD.
Can i renew my CA drivers license with I-1485 filing receipt or do i have to wait for EAD.
Thanks folks and hang in there.( It took 6 years for LC approval).
dresses Optimus Prime Blue Peterbilt
logiclife
10-08 02:52 PM
What is wrong if people want USCIS to process EB based I485 strictly on PD as per the law. You may claim that is what they are doing, but it is not true all of us know that. This whole thing is working like the GC lottery with more complexity.
I would say IV should make PD based processing as the top most priority in their agenda. This is the simplest thing that can be acheived. Asking USCIS to follow the rules is not as complex as lobbying for ending GC backlog.
People coming up with points of legal stay and other things are just frustated with the system, they want something which is more predictable in the current process not just eliminating GC backlog due to visa numbers.
Asking people to attend state chapters and asking people to contribute is ok, but trying to shutdown peoples thoughts just because they are not the same as someone elses in not right
Firstly, no one can shut down thoughts. They are inside your head. What I am saying is that match your thoughts with your actions, not just expression of thoughts. If you want to express your ideas and thoughts, do it in a way that its heard by people that matter. Your ideas and thoughts heard by other people like you is meaningless. If you can match ACTIONS to propogate your thoughts, by hauling your ass to Washington DC, spending some $$ out of pocket on travel to DC and meeting with a few of the 535 offices, then it matters. Otherwise your idea is not worth 2 cents sitting on forums read by people who are not legislators.
Secondly, YOU THINK that asking USCIS to follow the rules is easier than changing rules (thru legislation). That's because , you and many others like you, think of Government function as if its an IT project. Occupational hazard. That is not how the Government works. The reason they dont follow the rules is because they (1) dont care and (2) are not accountable. USCIS and its non-FIFO procedures, FBI namecheck delays, backlogs in receipting and adjudication of 140 (Atlanta PERM) etc is something that congress cannot fix. USCIS, FBI report to DHS and DOJ respectively and they in turn, report to the White House. Congress can rarely make them work better and make them answer for mistakes, as congress can only do "Oversight" hearings on them. Haul an agency or department head in front of a committee and ask questions (pre submitted). And ask them questions. Make some show on CSPAN. At the end of the day, if Administration tell congress - "GET LOST, mind your own business, this is the best we can do and we are doing it", then congress cannot do anything. Other than impeaching someone. No one is going to impeach Mike Chertoff because one of his agencies (USCIS) is not doing FIFO on something called 485 (which no one in DC knows what it is).
Congressional input rarely works. Example: Intervention of Congress during July bulletin. You know why? Because Congress HAD TO DO IT because of the uproar. I dont see any uproar and your issues like "there is no FIFO", "My PERM is stuck in Atlant for 6 months", or "I am stuck in namecheck for 4 years".
These things need lobbying the Administration. Lobbying the administration is MUCH MORE DIFFICULT and EXPENSIVE than lobbying congress. Why? Because each office of Congress has a boss that faces elections very often. Every 2 years in House and every 6 years in the Senate. Plus they have 535 offices (435 in House, 100 in senate). That means easier access. On the other hand, there is only one office heading USCIS, office of Emelio Gonzalez, and only one Michael Chertoff and only one DOJ and its FBI. So the access of more difficult and lobbying is more expensive.
When it comes to administration, you have limited leverage. Other than 2 people in the entire administration, no one is getting job by elections. The only 2 positions in this branch of Government that are elected and directly accountable to people are President and Vice President. Mike Chertoff of DHS or Emelio Gonzalez of USCIS wont lose next election coz those are on appointed positions not elected positions. Which also means that they dont have to worry about making people angry.
So you see, ASKING for good things like FIFO and Faster namecheck is great in theory. But please understand, from a civic lession viewpoint, the 3 branches of government viewpoint and then make suggestions.
Is Immigration Voice an organization that can raise 100,000 a month each month? NO. Not right now. Right now, people are busy checking their mailboxes for EAD cards. Out of 23,000 registered members, if each contribute $5 a month (equivalent to a burger, fries and coke), it is 100,000 a month. But it wont happen.
So until that happens, feel free to express your thoughts and opinions and brilliant ideas and happy forum discussion. If that's what makes you all happy and content.
I would say IV should make PD based processing as the top most priority in their agenda. This is the simplest thing that can be acheived. Asking USCIS to follow the rules is not as complex as lobbying for ending GC backlog.
People coming up with points of legal stay and other things are just frustated with the system, they want something which is more predictable in the current process not just eliminating GC backlog due to visa numbers.
Asking people to attend state chapters and asking people to contribute is ok, but trying to shutdown peoples thoughts just because they are not the same as someone elses in not right
Firstly, no one can shut down thoughts. They are inside your head. What I am saying is that match your thoughts with your actions, not just expression of thoughts. If you want to express your ideas and thoughts, do it in a way that its heard by people that matter. Your ideas and thoughts heard by other people like you is meaningless. If you can match ACTIONS to propogate your thoughts, by hauling your ass to Washington DC, spending some $$ out of pocket on travel to DC and meeting with a few of the 535 offices, then it matters. Otherwise your idea is not worth 2 cents sitting on forums read by people who are not legislators.
Secondly, YOU THINK that asking USCIS to follow the rules is easier than changing rules (thru legislation). That's because , you and many others like you, think of Government function as if its an IT project. Occupational hazard. That is not how the Government works. The reason they dont follow the rules is because they (1) dont care and (2) are not accountable. USCIS and its non-FIFO procedures, FBI namecheck delays, backlogs in receipting and adjudication of 140 (Atlanta PERM) etc is something that congress cannot fix. USCIS, FBI report to DHS and DOJ respectively and they in turn, report to the White House. Congress can rarely make them work better and make them answer for mistakes, as congress can only do "Oversight" hearings on them. Haul an agency or department head in front of a committee and ask questions (pre submitted). And ask them questions. Make some show on CSPAN. At the end of the day, if Administration tell congress - "GET LOST, mind your own business, this is the best we can do and we are doing it", then congress cannot do anything. Other than impeaching someone. No one is going to impeach Mike Chertoff because one of his agencies (USCIS) is not doing FIFO on something called 485 (which no one in DC knows what it is).
Congressional input rarely works. Example: Intervention of Congress during July bulletin. You know why? Because Congress HAD TO DO IT because of the uproar. I dont see any uproar and your issues like "there is no FIFO", "My PERM is stuck in Atlant for 6 months", or "I am stuck in namecheck for 4 years".
These things need lobbying the Administration. Lobbying the administration is MUCH MORE DIFFICULT and EXPENSIVE than lobbying congress. Why? Because each office of Congress has a boss that faces elections very often. Every 2 years in House and every 6 years in the Senate. Plus they have 535 offices (435 in House, 100 in senate). That means easier access. On the other hand, there is only one office heading USCIS, office of Emelio Gonzalez, and only one Michael Chertoff and only one DOJ and its FBI. So the access of more difficult and lobbying is more expensive.
When it comes to administration, you have limited leverage. Other than 2 people in the entire administration, no one is getting job by elections. The only 2 positions in this branch of Government that are elected and directly accountable to people are President and Vice President. Mike Chertoff of DHS or Emelio Gonzalez of USCIS wont lose next election coz those are on appointed positions not elected positions. Which also means that they dont have to worry about making people angry.
So you see, ASKING for good things like FIFO and Faster namecheck is great in theory. But please understand, from a civic lession viewpoint, the 3 branches of government viewpoint and then make suggestions.
Is Immigration Voice an organization that can raise 100,000 a month each month? NO. Not right now. Right now, people are busy checking their mailboxes for EAD cards. Out of 23,000 registered members, if each contribute $5 a month (equivalent to a burger, fries and coke), it is 100,000 a month. But it wont happen.
So until that happens, feel free to express your thoughts and opinions and brilliant ideas and happy forum discussion. If that's what makes you all happy and content.
more...
makeup “Transformers: Dark of the
__scaled_500.jpg "to chat with Optimus Prime")
vikki76
09-29 11:30 PM
Interpretations from website http://www.usvisahelp.com/nw_vol4_iss7.html
6. Porting to Self-Employment
USCIS has surprisingly taken the position in the memo that foreign nationals may port to self-employment. However, there may be difficult issues of proof involved: the foreign national will have to prove the legitimacy of the self-employment; and will have to prove that the I-140 petitioner intended to employ him or her upon the filing of the I-140 petition and at the time of filing the I-485 application (if not filed concurrently). The foreign national must also have intended to undertake the employment upon adjustment. The most difficult proof issue will be showing that the I-140 petitioner intended to employ the beneficiary upon I-140 and I-485 filing. This is difficult because once the foreign national ports, the I-140 petitioner may be less than willing to provide evidence of its former intent. However, the memo also states that the I-140 petition and supporting documents are prima facie evidence of the employer's intent. But in appropriate cases, additional evidence will be necessary. The memo does not say what those "appropriate cases" will be. If additional evidence is required from the I-140 petitioner, it will likely be very difficult to obtain.
7. Timing of New Employment Offer
A foreign national cannot still be looking for "same or similar" employment at the time the I-485 is being adjudicated. This indicates that it is acceptable for some time to lapse between leaving employment with the I-140 petitioner, and accepting a new job offer in a "same or similar position." However, if the I-485 is adjudicated before a new employment offer is procured, the foreign national is out of luck.
6. Porting to Self-Employment
USCIS has surprisingly taken the position in the memo that foreign nationals may port to self-employment. However, there may be difficult issues of proof involved: the foreign national will have to prove the legitimacy of the self-employment; and will have to prove that the I-140 petitioner intended to employ him or her upon the filing of the I-140 petition and at the time of filing the I-485 application (if not filed concurrently). The foreign national must also have intended to undertake the employment upon adjustment. The most difficult proof issue will be showing that the I-140 petitioner intended to employ the beneficiary upon I-140 and I-485 filing. This is difficult because once the foreign national ports, the I-140 petitioner may be less than willing to provide evidence of its former intent. However, the memo also states that the I-140 petition and supporting documents are prima facie evidence of the employer's intent. But in appropriate cases, additional evidence will be necessary. The memo does not say what those "appropriate cases" will be. If additional evidence is required from the I-140 petitioner, it will likely be very difficult to obtain.
7. Timing of New Employment Offer
A foreign national cannot still be looking for "same or similar" employment at the time the I-485 is being adjudicated. This indicates that it is acceptable for some time to lapse between leaving employment with the I-140 petitioner, and accepting a new job offer in a "same or similar position." However, if the I-485 is adjudicated before a new employment offer is procured, the foreign national is out of luck.
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xlr8r
05-27 07:22 PM
Done.
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indianabacklog
05-23 07:41 AM
IV is trying to get rid of retrogression which is a great goal. However, this very thing has caused hundreds and thousands of children to age out. Would it be awful to add this into the matter. I know our lives have been put on hold waiting and waiting but some of our childrens lives have been thrown down the pan in that time. We will eventually have passage to permanent residency they will not.
kannan
02-03 07:49 PM
Count me too. I am from NSC to CSC, my case is still in CA only.I don't know what is happening. I have opned 2 SR's also. I am a july 2 nd filer.
dba9ioracle
04-25 11:50 AM
Most of the desi employers in this country have gone thru the same H1B and GC process and got all bad experience. BUT when they start their own company, MOST OF THEM (NOT ALL OF THEM) do the same..... Employer should treat employees, the same way they are expecting to be treated as an employee.. In a long run, Employers with good ethics and practices makes more money and reputation.. The releationship goes longer only if employer and employee both benefits from it.. Isn't it simple to understand and put it into the practice ?
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