Ramba
04-20 03:50 PM
First there is not enough AC21 cases to give feed back how their 485s were handled (approved/detail of RFE/denied) due to job change. Becase, almost all guys who used ac21 still in waiting game due to retrogression.
The main thing what I see here is, USCIS has not yet published the final regulation to interpret AC21 act, even after 7 years of passing AC21 act. They are issuing internal field office memo. These memos are non-binding. In other words, one cannot firmly relay on memos or challange the USCIS decision on AC21 portability according to these memos.
However, sofar, these memos are very favorable to workers, including allowing self-employment, one can port even before 140 approval ect...However, USCIS were cautioning in each memos, that the final regulation may be restrictive than memos. If they took restrictive position in final regulation, it will be a huge problem for most peoples, as they might have violated the final regulation.
Another issue is, definition of "same or similar occupational classification". This is going to be very subjective based on how uscis adjudicator going to compare old and new jobs. The memo says by comparing job duties both old and new jobs and based on SOC or ONET code of old and new job they have to decide both jobs are same or similar. As there is no clear regulation it is big issue to go howmuch level of similarity between jobs. For example one guy may think "database administrator" and "network administrator" are similar job to port. The USCIS may think it may not. It is not quantified.
I feel IV should advocate on liberal/quantifyable defintion for similar jobs in AC21 interpretation. For example, all computer professional jobs should be considered as similar jobs as well as all engineering jobs should be considered similar to port. For example mining engineer can port to chemical engineer job etc...
Also, if any one port to self employment in similar job, there is no much information available wheter one should open a company in his/her name or not (by just working in 1099 etc.. for multiple positions). This needs to have a flexible option for workers, like one can work in 1099 w/o opening a bussiness.
Also, IV should advocate on not to have any restrictive interpretation in final regulation.
The main thing what I see here is, USCIS has not yet published the final regulation to interpret AC21 act, even after 7 years of passing AC21 act. They are issuing internal field office memo. These memos are non-binding. In other words, one cannot firmly relay on memos or challange the USCIS decision on AC21 portability according to these memos.
However, sofar, these memos are very favorable to workers, including allowing self-employment, one can port even before 140 approval ect...However, USCIS were cautioning in each memos, that the final regulation may be restrictive than memos. If they took restrictive position in final regulation, it will be a huge problem for most peoples, as they might have violated the final regulation.
Another issue is, definition of "same or similar occupational classification". This is going to be very subjective based on how uscis adjudicator going to compare old and new jobs. The memo says by comparing job duties both old and new jobs and based on SOC or ONET code of old and new job they have to decide both jobs are same or similar. As there is no clear regulation it is big issue to go howmuch level of similarity between jobs. For example one guy may think "database administrator" and "network administrator" are similar job to port. The USCIS may think it may not. It is not quantified.
I feel IV should advocate on liberal/quantifyable defintion for similar jobs in AC21 interpretation. For example, all computer professional jobs should be considered as similar jobs as well as all engineering jobs should be considered similar to port. For example mining engineer can port to chemical engineer job etc...
Also, if any one port to self employment in similar job, there is no much information available wheter one should open a company in his/her name or not (by just working in 1099 etc.. for multiple positions). This needs to have a flexible option for workers, like one can work in 1099 w/o opening a bussiness.
Also, IV should advocate on not to have any restrictive interpretation in final regulation.
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roseball
11-17 07:58 PM
Please contact members of congress by clicking on the action alert below.
It will only take less than a minute for you. We are requesting adding amendments in the DREAM Act coming up. This campaign will help the DC advocacy work we are doing on this bill.
ImmigrationVoice.org - Advocacy -- DREAM Act: Help the Legal Immigrants (http://immigrationvoice.capwiz.com/immigrationvoice/issues/alert/?alertid=19787501)
Please spread the word everywhere for more participation
Please post on this thread once you have sent the email. Keep this thread up for the next few days.
Done.
It will only take less than a minute for you. We are requesting adding amendments in the DREAM Act coming up. This campaign will help the DC advocacy work we are doing on this bill.
ImmigrationVoice.org - Advocacy -- DREAM Act: Help the Legal Immigrants (http://immigrationvoice.capwiz.com/immigrationvoice/issues/alert/?alertid=19787501)
Please spread the word everywhere for more participation
Please post on this thread once you have sent the email. Keep this thread up for the next few days.
Done.
confu
08-04 01:35 PM
I got my card today.
It starts on the next day of my old cards expiry date.
Validity is for one year only though.
What is your application PD and Category?
It starts on the next day of my old cards expiry date.
Validity is for one year only though.
What is your application PD and Category?
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cjain
11-01 03:59 PM
^^^^^^^^^^^
what happens if one changes job after 180 days but the I-140 has not been approved?
what happens if one changes job after 180 days but the I-140 has not been approved?
more...
optimist578
03-08 02:04 PM
I and my wife have been SCREAMING, FIGHTING for over four years now. We are now so frustrated that we have EVEN DISCUSSED THINGS LIKE TAKING UP OUR LIVES !!! I really mean it. For both of us, our career is the single most important thing.
We had decided to wait for our next step in life like having a kid or putting in a big investment till we both at least have a job. Inspite of both of us having Masters degress from US universities, we are both suffering - me languishing in a filthy job and my wife on H4 - for the past 5 years !!! She is now more than 35 making it difficult to have kids etc...
I don't have the choice of going back to my home country due to many other personal reasons. I just don't know what to do... I am losing my sanity.
We had decided to wait for our next step in life like having a kid or putting in a big investment till we both at least have a job. Inspite of both of us having Masters degress from US universities, we are both suffering - me languishing in a filthy job and my wife on H4 - for the past 5 years !!! She is now more than 35 making it difficult to have kids etc...
I don't have the choice of going back to my home country due to many other personal reasons. I just don't know what to do... I am losing my sanity.
m306m
05-01 01:18 PM
Please see this thread
http://immigrationvoice.org/forum/showthread.php?t=17306
http://immigrationvoice.org/forum/showthread.php?t=17306
more...
prem_goel
11-17 09:50 PM
done
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Dhundhun
08-24 01:38 AM
Everybody has been waiting for his/her green card and congratulations to all those who has got their GC. On the other hand it is really unfair and to some extent unethical on the part of USICS not follow a fair system.
There are several people in 2004, 2005 who have been paitently waiting for their turn only to see that people behind them getting approved.
You are talking about 2004, 05. What about 2001, 2002 and 2003? There are so many people with 2002 priority dates still waiting just like me. Mine is 02/2002
SunnySurya and Refugee_New, I agree with you. But it is the style of USCIS. But there are several unfairness going on, but the ones hurting more to these cases:
- Old EB2 cases (2001..2003)
- New EB2 cases (2004 and 2005)
- EB2 TSC processing Vs NSC processing
- Most of old EB3 Cases
- Every year loosing Visas
- Kids aging out
- And so on...
The list can easily grow up. These are so much complicated that several civil rights activist put together can not get them fixed.
There are several people in 2004, 2005 who have been paitently waiting for their turn only to see that people behind them getting approved.
You are talking about 2004, 05. What about 2001, 2002 and 2003? There are so many people with 2002 priority dates still waiting just like me. Mine is 02/2002
SunnySurya and Refugee_New, I agree with you. But it is the style of USCIS. But there are several unfairness going on, but the ones hurting more to these cases:
- Old EB2 cases (2001..2003)
- New EB2 cases (2004 and 2005)
- EB2 TSC processing Vs NSC processing
- Most of old EB3 Cases
- Every year loosing Visas
- Kids aging out
- And so on...
The list can easily grow up. These are so much complicated that several civil rights activist put together can not get them fixed.
more...
sushilup
09-03 07:53 AM
I saw CPO status for my EAD status (WIFE'S Status still pending)
My receipt date was 7th July
Also, I485 pending at NSC...WAC receipt
Filed EAD at TSC b/c I live in PA....
PD - Feb 05, EB-2
My receipt date was 7th July
Also, I485 pending at NSC...WAC receipt
Filed EAD at TSC b/c I live in PA....
PD - Feb 05, EB-2
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vinabath
04-24 09:45 AM
In ideal situation Desi employer should provide value rather than just scrape money as revenue sharing mechanism.
If a desi employer can go and get projects and becomes preferred vendor, he would not even do H-1s. He will use a Sub. Believe me H-1B visa is a pain in the ass even for the employer too.
There is a reason desi employers exist. both the desi employers and desi employees pick the best possible scenario/solution with respect to their situation.
If a desi employer can go and get projects and becomes preferred vendor, he would not even do H-1s. He will use a Sub. Believe me H-1B visa is a pain in the ass even for the employer too.
There is a reason desi employers exist. both the desi employers and desi employees pick the best possible scenario/solution with respect to their situation.
more...
gclongwaytogo
10-12 03:29 PM
Called just now and the agent gave me the receipt numbers for 485 and EAD. No details about AP.
Sent to NSC on july 2nd. Received by them on 3rd.
Had LUD on approved I140. (Transferred to TSC)
RNs start with LIN!!!
Sent to NSC on july 2nd. Received by them on 3rd.
Had LUD on approved I140. (Transferred to TSC)
RNs start with LIN!!!
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mygoodluck
08-13 04:03 PM
SRC is always Texas , LIN is Nebraska. Also when you input the receipt number in USCIS case status website it tells you which center this application is with.
I understand that. What I wanted to know was what number you have? SRC or LIN? And also to confirm, if it was cashed by TSC? and not the case that it was cashed by NSC and then scheduled to be transfer to TSC?
As you had said "I think it got transferred to TSC". You mean it really got? or you think?
Thanks
I understand that. What I wanted to know was what number you have? SRC or LIN? And also to confirm, if it was cashed by TSC? and not the case that it was cashed by NSC and then scheduled to be transfer to TSC?
As you had said "I think it got transferred to TSC". You mean it really got? or you think?
Thanks
more...
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kondur_007
07-26 05:49 PM
There is not much use for just fighting EB3-I. You can send a letter or lobbey and they will hear it. Thats all. There are so much discrepancies in immigration policy of USA(The impact is for just for potential immigrants not for the country) I do not think they will spend time to resolve each and every small discrepancy. There are more more severe issues in the country than resolving EB3-I. Of course that is a big issue for those who are impacted.
But the problem will be automatically resolved if STEM/and or Recapture bill is passed. That is a big picture and that will get more attention than just lobbying for EB3-I.
I agree. If "vertical spillover" occurs again, the only benefit would go to EB3-ROW.
It is very very difficult to convince anyone to overflow EB2 ROW -> EB3 ROW -> EB3 I (leaving EB2 I out of loop). (eventhough USCIS did it in past)
If someone tries to re-interprete, it will end up like:EB2 ROW -> EB3 ROW -> EB2I -> EB3 I, still no real benefit to EB3 I; only EB2 I will loose with some benefit to EB3 ROW.
Bottom line is, we need more visa numbers and that's what we need to campaign for. May it be recapture, or STEM exemption or anything else.
I am not saying this just because I am EB2, but these are the facts. Additionally, there is a big chance of new immigration law as soon as new president comes (likely some form of CIR) and we need to be prepared to have our agenda included in that; rather than splitting ourselves.
But the problem will be automatically resolved if STEM/and or Recapture bill is passed. That is a big picture and that will get more attention than just lobbying for EB3-I.
I agree. If "vertical spillover" occurs again, the only benefit would go to EB3-ROW.
It is very very difficult to convince anyone to overflow EB2 ROW -> EB3 ROW -> EB3 I (leaving EB2 I out of loop). (eventhough USCIS did it in past)
If someone tries to re-interprete, it will end up like:EB2 ROW -> EB3 ROW -> EB2I -> EB3 I, still no real benefit to EB3 I; only EB2 I will loose with some benefit to EB3 ROW.
Bottom line is, we need more visa numbers and that's what we need to campaign for. May it be recapture, or STEM exemption or anything else.
I am not saying this just because I am EB2, but these are the facts. Additionally, there is a big chance of new immigration law as soon as new president comes (likely some form of CIR) and we need to be prepared to have our agenda included in that; rather than splitting ourselves.
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dicarol18
08-13 02:48 PM
Mine is Eb 3..was sent to Nebraska, got there July 2, signed by R. Michaels at 9 am...Transfered to Texas,Received July 6...They sent me the Notice of Action for my 140 but I don't know anything else and I also sent at the same time 485-765 for my whole family...
more...
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hindu_king
05-08 05:36 PM
Below is what I sent. Maybe we can tweak this letter and send it to all senators and congressmen.
Subject: Discrimination of Indian Immigrants
Dear President Obama,
I wanted to bring to your attention the plight of hundreds of thousands of highly skilled Indian immigrants waiting endlessly for many years in order to obtain a permanent residency in the US. The process of getting a permanent residency is a long, winding, time consuming, financially and emotionally draining experience, with no end at sight. After 5 to 10 years of waiting in line, paying taxes, obeying law, many high skilled workers from India find that permanent residency is only a dangling carrot that they may never get it.
One of the biggest hurdles for high skilled immigrants from India is a country cap that limits applicants from any one country from having more than 7% of the available employment based green cards (140,000 visa numbers per year). This means applicants from countries like Andorra and Luxembourg get the same number of green cards as applicants from India and China. This causes a person from India and China to wait 5 to 10 years in order to get permanent residency while applicants from all other countries have zero wait time. We are here in USA because we wanted to be a part of USA, and not because we came from a certain country. All applicants should be treated equally and country cap only allows discrimination by national origin in the disguise of fairness to all, as US has a lot more high skilled workers from India or China than from Andorra or Luxembourg.
President Obama, we are here to pursue the American Dream and we find hurdles at every level during the immigration process. I request you to kindly remove the discriminatory country cap and provide us relief. This is a small step that can enormously help hundred of thousands of high skilled immigrants and we will be grateful to you for our lifetime.
Thank you President Obama and you are doing a wonderful job!
Sincerely,
Xxxxx xxxxx
Subject: Discrimination of Indian Immigrants
Dear President Obama,
I wanted to bring to your attention the plight of hundreds of thousands of highly skilled Indian immigrants waiting endlessly for many years in order to obtain a permanent residency in the US. The process of getting a permanent residency is a long, winding, time consuming, financially and emotionally draining experience, with no end at sight. After 5 to 10 years of waiting in line, paying taxes, obeying law, many high skilled workers from India find that permanent residency is only a dangling carrot that they may never get it.
One of the biggest hurdles for high skilled immigrants from India is a country cap that limits applicants from any one country from having more than 7% of the available employment based green cards (140,000 visa numbers per year). This means applicants from countries like Andorra and Luxembourg get the same number of green cards as applicants from India and China. This causes a person from India and China to wait 5 to 10 years in order to get permanent residency while applicants from all other countries have zero wait time. We are here in USA because we wanted to be a part of USA, and not because we came from a certain country. All applicants should be treated equally and country cap only allows discrimination by national origin in the disguise of fairness to all, as US has a lot more high skilled workers from India or China than from Andorra or Luxembourg.
President Obama, we are here to pursue the American Dream and we find hurdles at every level during the immigration process. I request you to kindly remove the discriminatory country cap and provide us relief. This is a small step that can enormously help hundred of thousands of high skilled immigrants and we will be grateful to you for our lifetime.
Thank you President Obama and you are doing a wonderful job!
Sincerely,
Xxxxx xxxxx
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eb3_nepa
08-18 02:50 PM
so the best u can reply is by cursing me... hahahaa
There are various degrees of cursing and you were clearly crossing the line. I dont think the IV forum is a place to be "innovative" with cuss words.
If you are that "innovative", why dont you write that letter yourself. Why are you looking for the support of the IV community?
What have YOU done for the IV community except ask everyone to join you in your tiny specific micro-action items which benefit only a small fraction of the community like 5 people who have joined this law suit. Is that your definition of "innovation"? Coz if it is, I would much rather be a LOWLY Eb3 and fight for a common cause than be an "upper class" Eb2 fighting for just myself.
There are various degrees of cursing and you were clearly crossing the line. I dont think the IV forum is a place to be "innovative" with cuss words.
If you are that "innovative", why dont you write that letter yourself. Why are you looking for the support of the IV community?
What have YOU done for the IV community except ask everyone to join you in your tiny specific micro-action items which benefit only a small fraction of the community like 5 people who have joined this law suit. Is that your definition of "innovation"? Coz if it is, I would much rather be a LOWLY Eb3 and fight for a common cause than be an "upper class" Eb2 fighting for just myself.
more...
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sunny1000
02-01 01:36 PM
Finally we have decided to go back to India for good. I filed my EB3 in May 2003. Its going to be another 4 years to get the green card. When I went to India for vacation last December, we liked it over there & the economy is booming. There are all sorts of discussion regarding the Economic Gap/Politics/Corruption/Cleanliness. But we like it over there. Finally I will have an option to do something interesting. In US I was very much dependent on my monthly pay check and afraid to take even the slightest risk. I am also scared to use the AC21(Hey, thats the way I am). I am working with the same company for last 10 years, kinda stagnant in the last 4 years. In India, there are lots of choices, either to work for a sw company or start some business on my own. I think I will take the business route.
May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!
Good Luck to everybody!!
wish you the very best in your future endeavor (In Tamil: ungal vazhkhai payanam inithaga amaiye engal vazhthukkal!)
May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!
Good Luck to everybody!!
wish you the very best in your future endeavor (In Tamil: ungal vazhkhai payanam inithaga amaiye engal vazhthukkal!)
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BharatPremi
11-21 09:18 PM
Mehul
I can more than understand what you are going through right now. I was diagnosed with cancer ten months after coming to the US. I am also the principal applicant and of course it was terrifying. I have no idea what your prognosis is or the type of cancer and do not need to know. However, I live in Indiana and the doctors here managed to save Lance Armstrong. He was sent here from Texas. I am now a six year survivor.
I am now undergoing tests for a possible second cancer diagnosis seven years later and still no green card for my family. Hoping for one for my husband in the New Year. My son aged out and is on a student visa. I live each day realizing this is not a dress rehearsal and have to believe everything will be OK and I have absolutely no control over what the future holds.
I know only too well how shell shocked you are right now but you have to have faith that things will work out how they are meant to. Adversity can have a silver lining.
Wishing you all the best in your treatment plan. You need to concentrate on your health right now.
Our prayers are with you and your family as well. May God bless both you and Mehul and give strength fighting this. Best Luck.
I can more than understand what you are going through right now. I was diagnosed with cancer ten months after coming to the US. I am also the principal applicant and of course it was terrifying. I have no idea what your prognosis is or the type of cancer and do not need to know. However, I live in Indiana and the doctors here managed to save Lance Armstrong. He was sent here from Texas. I am now a six year survivor.
I am now undergoing tests for a possible second cancer diagnosis seven years later and still no green card for my family. Hoping for one for my husband in the New Year. My son aged out and is on a student visa. I live each day realizing this is not a dress rehearsal and have to believe everything will be OK and I have absolutely no control over what the future holds.
I know only too well how shell shocked you are right now but you have to have faith that things will work out how they are meant to. Adversity can have a silver lining.
Wishing you all the best in your treatment plan. You need to concentrate on your health right now.
Our prayers are with you and your family as well. May God bless both you and Mehul and give strength fighting this. Best Luck.
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anzerraja
07-20 12:56 AM
Thanks KanMe !!!
I am all for it...
Would contribute $100
I am all for it...
Would contribute $100
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
mygoodluck
08-13 03:53 PM
Guys
Just saw my cheque cashed.. I think it got transferred over to TSC. I sent to NSC on Jul 2. And yes i had LUD in my I-140 as 7/28
can you tell by the images of cashed checks that were they cashed by TSC or NSC... or any kind of SRC# or LIN# on them to indicated whether it was cashed by TSC or NSC?
Just saw my cheque cashed.. I think it got transferred over to TSC. I sent to NSC on Jul 2. And yes i had LUD in my I-140 as 7/28
can you tell by the images of cashed checks that were they cashed by TSC or NSC... or any kind of SRC# or LIN# on them to indicated whether it was cashed by TSC or NSC?
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