desi3933
03-21 01:07 PM
....
All I hear is "incorrect", "wrong" followed by individual interpretation or opinion. I respect all disagreement part, Which may be/not be accurate. Why don't you quantify your comments with references to law or CIS memo? Don't you think discussion need to be healthy and fair?
....
There you go. Here is the link for the opinion letter
www.murthaimmigration.com/wp-content/uploads/2007/08/sheela_murthy.pdf
(http://immigrationvoice.org/forum/www.murthaimmigration.com/wp-content/uploads/2007/08/sheela_murthy.pdf)
Read it, Understand it and then please let me know if you still think that OP was in "unauthorized work", as this is what you have written before
The H1B visa belongs, in effect, to the company that sponsors it. You cannot work for any other company on that visa other than sponsor. If this is a transfer, then, In a so-called "visa transfer" what actually happens is that the initial visa is cancelled in favor of another one issued for the new employer. What that means is OP's work with old employer is considered as "unauthorized work".
....
All I hear is "incorrect", "wrong" followed by individual interpretation or opinion. I respect all disagreement part, Which may be/not be accurate. Why don't you quantify your comments with references to law or CIS memo? Don't you think discussion need to be healthy and fair?
....
There you go. Here is the link for the opinion letter
www.murthaimmigration.com/wp-content/uploads/2007/08/sheela_murthy.pdf
(http://immigrationvoice.org/forum/www.murthaimmigration.com/wp-content/uploads/2007/08/sheela_murthy.pdf)
Read it, Understand it and then please let me know if you still think that OP was in "unauthorized work", as this is what you have written before
The H1B visa belongs, in effect, to the company that sponsors it. You cannot work for any other company on that visa other than sponsor. If this is a transfer, then, In a so-called "visa transfer" what actually happens is that the initial visa is cancelled in favor of another one issued for the new employer. What that means is OP's work with old employer is considered as "unauthorized work".
....
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lotsofspace
03-14 02:12 PM
EB3 (India) moved 2 months. Good news. But then?
What you expect for Eb3 guys? What may be the trend in coming months?
2002....2003....2004.....?
Indefinite wait for another miracle or a goof up (By CIS to make all current) :)
What you expect for Eb3 guys? What may be the trend in coming months?
2002....2003....2004.....?
Indefinite wait for another miracle or a goof up (By CIS to make all current) :)
GCBy3000
07-19 09:54 AM
Still your end in mind is US. Ok when I have a job in US and waiting in retrogression, what is the adavantage of having canadian PR and moving there unless otherwise you get a jump in career.
Just becos it is retrogressed and you have canadina PR, there is no advantage in moving to Canada.
I have an EB3 app from Oct 02. One more PERM filed 2 months back. My wife has an approved EB3 140 waiting to file 485.
We have canadian PR cards. We have decided to move to Canada in Oct. We may come back here once numbers are available to file for 485 or im thinking of becoming a canadian citizen. who knows t'row some bright guy in Congress may create a rule saying Canadian citizens are exempt from visa numbers :)
Just becos it is retrogressed and you have canadina PR, there is no advantage in moving to Canada.
I have an EB3 app from Oct 02. One more PERM filed 2 months back. My wife has an approved EB3 140 waiting to file 485.
We have canadian PR cards. We have decided to move to Canada in Oct. We may come back here once numbers are available to file for 485 or im thinking of becoming a canadian citizen. who knows t'row some bright guy in Congress may create a rule saying Canadian citizens are exempt from visa numbers :)
2011 Find stuff that will make you
h1techSlave
09-21 10:32 PM
How about a candle night vigil outside all state capitals, one Friday/Saturday/Sunday evening? This is a symbolic gesture for the slow death of our green card dreams.
more...
nonimmi
03-13 04:06 PM
EB3 (India) moved 2 months. Good news. But then?
What you expect for Eb3 guys? What may be the trend in coming months?
2002....2003....2004.....?
What you expect for Eb3 guys? What may be the trend in coming months?
2002....2003....2004.....?
snathan
04-25 06:28 PM
Once you have contributed, please post on the thread and we can know how much closer we are from our target. IV chapter leaders and Team IV members will run this thread and count the contributions
-Which Thread or how to post ?
I have singned up for $50 recurring contribution and willing to volunteer...
Thanks
-Which Thread or how to post ?
I have singned up for $50 recurring contribution and willing to volunteer...
Thanks
more...
rick_rajvanshi
07-15 02:37 PM
I know the discussion is about how many visas are remaining and we are trying to estimate it based on approved labour petitions. While the PERM data may be more reliable I have my serious doubts about the pre-PERM data. My PD is Jul 2004 and my case does not even show up in the 2004 MDB file. I think the 905 number is a severe understatement.
It 'll not be in 2004 file ..check 2007 - when your Labor got approved.
It 'll not be in 2004 file ..check 2007 - when your Labor got approved.
2010 you will laugh at these
mybid2003
09-12 10:38 AM
bump...
more...
karanp25
06-30 08:41 PM
USCIS has absolutely no info about labor till the employer files a I-140 with a certified copy of LC. I would seriously doubt if that's the case, unless your old employer filed the I-140 using the 2004 labor and the I-140 was approved.
For your own good, you should get things corrected....the short term excitement may lead to more trouble later...just my 2 cents.
No its I-485 I just cut and pasted the two emails I received, first at 10am then the second at 3 pm check online and the system had same messages. If its true I am having a party wow man thanks I did come to US in 1997. I do have a labor which was approved under RIR PD date 2004 but the employer refused to file I-140. Then again filed PERM in 2007 under EB2 and filed I-140/I-485 based on this PERM
For your own good, you should get things corrected....the short term excitement may lead to more trouble later...just my 2 cents.
No its I-485 I just cut and pasted the two emails I received, first at 10am then the second at 3 pm check online and the system had same messages. If its true I am having a party wow man thanks I did come to US in 1997. I do have a labor which was approved under RIR PD date 2004 but the employer refused to file I-140. Then again filed PERM in 2007 under EB2 and filed I-140/I-485 based on this PERM
hair Kids make us laugh with their
dixie
03-18 10:59 PM
trouble is that labor certification is not explicitly mentioned in 406 (although that seems to be the intent). Besides, section 405 says that those with "advanced degrees" in STEM and who have been employed on NIV can directly apply for change of status subject to per-country caps .. then again there is mention of a special labor certification process for those with advanced degrees. So i think the conclusion is that while labor certification wont be done away with , there will be special handling for those with STEM degrees .. and those with 3+ years experience AND STEM degree wont be subject to per-country limits.Again, lots of ifs and buts in the whole thing .. we will have to wait and see.
more...
paskal
09-20 10:58 AM
they were not formed at the last moment in most cases
what makes you think people participate in those? from personal experience
in the MN chapter, it's hard to even get replies to e mails, forget meetings etc. of late though i'm glad to say the MN chapter has really beugun to pick up again.
ask the tri state guys how much effort they put locally- meetings- fliers- phone calls, all by a handful of volunteers. so all this is good in theory and yes it takes time. but the apathy (even hostility) that was encountered was frightening. ask chanduv23 someday what the tri state guys went through...
what makes you think people participate in those? from personal experience
in the MN chapter, it's hard to even get replies to e mails, forget meetings etc. of late though i'm glad to say the MN chapter has really beugun to pick up again.
ask the tri state guys how much effort they put locally- meetings- fliers- phone calls, all by a handful of volunteers. so all this is good in theory and yes it takes time. but the apathy (even hostility) that was encountered was frightening. ask chanduv23 someday what the tri state guys went through...
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Legal
06-10 03:00 PM
Senator Hilary Clinton introduced an amendment to exempt apllicant's dependents from visa quotos, which will reduce the retrogression signifcantly, why Core choose the Coryn's not supporting Hilary Clinton's? She is very likly to be our future president.
Her amendment is only for family-based petitions....not for employment based petitions, it will do nothing to alleviate retrogression.
Her amendment is only for family-based petitions....not for employment based petitions, it will do nothing to alleviate retrogression.
more...
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arunmohan
06-23 05:34 PM
I called to Rep Smith's office. I requested to support three bills HR5882, HR6039 and HR5921.
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bestofall
06-23 05:42 PM
I think we are making good progress
Request every one to act on for our own cause/for our future
Request every one to act on for our own cause/for our future
more...
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dixie
11-08 04:52 PM
Agreed CIR benefits illegals more than us, and some of its provisions are flaky. But then it raises the EB cap to 625K and exempts MS + 3 yrs from cap.That in itself is a huge relief measure for us. Agreed illegals benefit a lot more, and the dems are more sympathetic to them but the point is we are not the choosers here. Something is better than nothing is the dictum for us.
Let us now stop re-inventing the wheel and re-focus our efforts to make the new congressmen aware of our situation. Have a nice day !
Actually I do have a convincing answer... whether or not that bill passes, we are in a lose-lose situation. I have read the bill (not in its entirety like I already stated). I know that the amnesty section already specified there will be no immediate granting of citizenship, excepting the wording for those who have been in this country for more than 5/6 years seems to imply they would get citizenship (again, the way a bill is worded can be twisted in future).
What I am worried about is, I get the feeling this is going to end up dipping into our EB3 pool... we previously had a Sched A for physicians and nurses that took numbers out of EB3 exclusively for them.
And I don't listen to Lou Dobbs or NumbersUSA rantings. But if you kept your ears open more than 6 months ago, you would also have heard some Dems says some not-so-friendly things about us.
One prominent Dem senator said H1-Bs are not suffering as much as illegals.
Another prominent Dem said this country needed more farm workers, not more IT / skilled ppl.
Have a nice day, anyway.
Let us now stop re-inventing the wheel and re-focus our efforts to make the new congressmen aware of our situation. Have a nice day !
Actually I do have a convincing answer... whether or not that bill passes, we are in a lose-lose situation. I have read the bill (not in its entirety like I already stated). I know that the amnesty section already specified there will be no immediate granting of citizenship, excepting the wording for those who have been in this country for more than 5/6 years seems to imply they would get citizenship (again, the way a bill is worded can be twisted in future).
What I am worried about is, I get the feeling this is going to end up dipping into our EB3 pool... we previously had a Sched A for physicians and nurses that took numbers out of EB3 exclusively for them.
And I don't listen to Lou Dobbs or NumbersUSA rantings. But if you kept your ears open more than 6 months ago, you would also have heard some Dems says some not-so-friendly things about us.
One prominent Dem senator said H1-Bs are not suffering as much as illegals.
Another prominent Dem said this country needed more farm workers, not more IT / skilled ppl.
Have a nice day, anyway.
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saileshdude
03-21 12:56 AM
Great!
With this info, your attorney can easily demonstrate that you were authorized to work for "Employer 2" at all times since last entry in the USA until date of filing for I-485.
There is nothing to worry about, IMHO.
Good Luck.
Thats what people need to understand that if u are doing AOS from H1 then you have to make sure that 1) Either you continue to use H1 with the proper employer or 2) If you decide to use EAD that you update the I-9 form properly with respective employers. You cannot involve into unauthorized work like say your h1 expired with current employer and you did not update your I-9 form to use EAD and say 4 months down the road you put in the new I-9 form with EAD info. Those 4 months of work would be considered unauthorized and yes it will impact your I-485.
With this info, your attorney can easily demonstrate that you were authorized to work for "Employer 2" at all times since last entry in the USA until date of filing for I-485.
There is nothing to worry about, IMHO.
Good Luck.
Thats what people need to understand that if u are doing AOS from H1 then you have to make sure that 1) Either you continue to use H1 with the proper employer or 2) If you decide to use EAD that you update the I-9 form properly with respective employers. You cannot involve into unauthorized work like say your h1 expired with current employer and you did not update your I-9 form to use EAD and say 4 months down the road you put in the new I-9 form with EAD info. Those 4 months of work would be considered unauthorized and yes it will impact your I-485.
more...
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rayoflight
05-20 12:32 PM
Since you guys asked for the total - Here it is $1800.
We need another $1600 to end the day to bring it to $3400
I am just counting the pledges from the last 3 pages. Not the actual recieved.
GO IV.
Thanks to everyone that contributed today. we need to do better in the comming days.
Thank You Amit for gauging the progress we are making...
We need another $1600 to end the day to bring it to $3400
I am just counting the pledges from the last 3 pages. Not the actual recieved.
GO IV.
Thanks to everyone that contributed today. we need to do better in the comming days.
Thank You Amit for gauging the progress we are making...
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desi3933
02-02 12:24 PM
I understand that you guys are frustrated but I did not open this thread to make empty noise. I have written to six different organisations and ACLJ only gave me a reply that they would be unable to process our per courntry quota lawsuit. There are thousands of federal court immigration lawyers in the country who would do this lawsuit albeit with more money than these non profit organisations. If any of you guys want to make a difference in your lives and lives of others pls co-ordinate this event of contacting various immigration lawyers.
Dear XXX:
Thank you for contacting the American Center for Law and Justice (AACLJ@). As you may know, the ACLJ is a not-for-profit organization dedicated to the defense of constitutional liberties secured by law.
Our legal staff has reviewed the information which you provided, and we have determined that the ACLJ is unable to assist you at this time. While we sympathize with your dilemma, unfortunately, this case does not present an issue that the ACLJ can address on your behalf.
We appreciate your inquiry and hope that you will feel free to contact us in the future should the need arise. As for now, please understand that the ACLJ is not representing you in any legal matter.
Sincerely,
AMERICAN CENTER FOR LAW & JUSTICE
Read between the lines and this actually confirms what I am saying all along.
Equal Opportunity Law does not apply to Immigrant Visa allocation. And that's why any legal course does not have any solid base.
Equal Employment Opportunity applies only to applicants who are eligible to apply for that job. It does NOT apply to immigrant visa allocation and any other visa benefit such as H-1B approval.
In other words, Equal Employment Opportunity is applicable to US Citizens and residents with work authorization (Green Card holders, EAD holders, person with H-1B approved) and this is limited to job hiring, job promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. This does not extend to immigration benefit or opportunity lost due to lack of immigration benefit (such as I-485 approval).
________________
Not a legal advice.
Dear XXX:
Thank you for contacting the American Center for Law and Justice (AACLJ@). As you may know, the ACLJ is a not-for-profit organization dedicated to the defense of constitutional liberties secured by law.
Our legal staff has reviewed the information which you provided, and we have determined that the ACLJ is unable to assist you at this time. While we sympathize with your dilemma, unfortunately, this case does not present an issue that the ACLJ can address on your behalf.
We appreciate your inquiry and hope that you will feel free to contact us in the future should the need arise. As for now, please understand that the ACLJ is not representing you in any legal matter.
Sincerely,
AMERICAN CENTER FOR LAW & JUSTICE
Read between the lines and this actually confirms what I am saying all along.
Equal Opportunity Law does not apply to Immigrant Visa allocation. And that's why any legal course does not have any solid base.
Equal Employment Opportunity applies only to applicants who are eligible to apply for that job. It does NOT apply to immigrant visa allocation and any other visa benefit such as H-1B approval.
In other words, Equal Employment Opportunity is applicable to US Citizens and residents with work authorization (Green Card holders, EAD holders, person with H-1B approved) and this is limited to job hiring, job promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. This does not extend to immigration benefit or opportunity lost due to lack of immigration benefit (such as I-485 approval).
________________
Not a legal advice.
hairstyles This is just a funny parody of
pointlesswait
02-14 09:41 AM
i had sent an email to CISOmbudsman.. requesting allowing to file for AOS..as a mode of temporary relief...they replied..saying thanks for the input...
I think we must pursue this for now... since any meaning reforms are atleast couples of months away.. this relief can save lots of EB ppl during uncertain times.
inputs welcome..
I initially posted below text to reply another thread, but the title is not much relavant. So I decided to create a new thread here:
As a background, the pre-application of AOS (file 485 without PD being current) is mentioned in a DHS newsletter here (credit goes to kate123 for finding it).
http://www.dhs.gov/ynews/releases/pr_1233353528835.shtm
Here is the text:
Legal Immigration Benefit Backlogs. What progress has been made in reducing the significant backlogs that had developed in the adjudication of naturalization petitions and adjustment of status (green card) applications? Which regional offices still lag behind in making progress toward target processing times, and what specific steps are recommended for providing priority resources to those offices?
Please provide an assessment of information-sharing with the Department of State�s Bureau of Consular Affairs on projected adjustment caseloads, to be used by that Bureau in setting each month�s cutoff dates on waiting lists for immigration categories that are limited by a yearly quota. What steps have been taken and what further steps are recommended to make sure that the full quota of permanent immigration spaces is used each fiscal year? What regulatory or legislative changes (including a possible pre-application filing procedure for adjustment cases) are recommended to facilitate caseload planning and make optimum use of U.S. Citizenship and Immigration Services adjudication capacity?
This is a great finding I've read that page, but never noticed the Secretary of DHS specifically mentioned Pre-Application of AOS. Now that they do have this in their mind, can we start working on that? I'd love to share a few thoughts I have on it:
From the lessons we learnt from the past, the most important thing for this admin fix to fly is compromise: there must be kind of restriction for the pre-application AOS. A few examples I could think of are:
- The person has been in the country LEGALLY for more than a number of years, OR
- The PD are more than a certain number years old, OR
- I-140 has been approved, OR
- Must have MS or higher for a US college (just for argument's sake, please don't flame me).
The key is to not allow everyone to file pre-application or it'll be drown in a media storm and draw backfires. Yet it gives you a certain promise that you'll be able to file pre-application once you are here for a certain period of time, so everyone has hope and those who has suffered more would have an almost certain chance to do so.
IV core, should we work on this? This is the first time we see pre-application of AOS appears in official file and I believe it's a great opportunity.
I think we must pursue this for now... since any meaning reforms are atleast couples of months away.. this relief can save lots of EB ppl during uncertain times.
inputs welcome..
I initially posted below text to reply another thread, but the title is not much relavant. So I decided to create a new thread here:
As a background, the pre-application of AOS (file 485 without PD being current) is mentioned in a DHS newsletter here (credit goes to kate123 for finding it).
http://www.dhs.gov/ynews/releases/pr_1233353528835.shtm
Here is the text:
Legal Immigration Benefit Backlogs. What progress has been made in reducing the significant backlogs that had developed in the adjudication of naturalization petitions and adjustment of status (green card) applications? Which regional offices still lag behind in making progress toward target processing times, and what specific steps are recommended for providing priority resources to those offices?
Please provide an assessment of information-sharing with the Department of State�s Bureau of Consular Affairs on projected adjustment caseloads, to be used by that Bureau in setting each month�s cutoff dates on waiting lists for immigration categories that are limited by a yearly quota. What steps have been taken and what further steps are recommended to make sure that the full quota of permanent immigration spaces is used each fiscal year? What regulatory or legislative changes (including a possible pre-application filing procedure for adjustment cases) are recommended to facilitate caseload planning and make optimum use of U.S. Citizenship and Immigration Services adjudication capacity?
This is a great finding I've read that page, but never noticed the Secretary of DHS specifically mentioned Pre-Application of AOS. Now that they do have this in their mind, can we start working on that? I'd love to share a few thoughts I have on it:
From the lessons we learnt from the past, the most important thing for this admin fix to fly is compromise: there must be kind of restriction for the pre-application AOS. A few examples I could think of are:
- The person has been in the country LEGALLY for more than a number of years, OR
- The PD are more than a certain number years old, OR
- I-140 has been approved, OR
- Must have MS or higher for a US college (just for argument's sake, please don't flame me).
The key is to not allow everyone to file pre-application or it'll be drown in a media storm and draw backfires. Yet it gives you a certain promise that you'll be able to file pre-application once you are here for a certain period of time, so everyone has hope and those who has suffered more would have an almost certain chance to do so.
IV core, should we work on this? This is the first time we see pre-application of AOS appears in official file and I believe it's a great opportunity.
acecupid
07-15 06:19 PM
Based on the wording of the visa distribution law, it does not look like the pattern change is a permanent one. The pattern might change again as per USCIS whims and fancy.
Read the part "Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed."
Read the part "Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed."
risker
07-20 04:55 PM
I understand that it might be late and filing a case might be expensive etc. But how come people like murthy.com etc. were willing to fight the sudden revoking of I-485 by UCIS along with AILF? It will only be hypocritical to consider that as injustice and this as not. I don't think filing a case is going to bring the whole process to a halt. The BEC will still continue to process the cases while this case goes on.
We have to do away with all those naysayers and all those IFs and BUTs. I don't belive in it.
We know we have a justified case here and it is a simple matter of whether we are willing to fight.
Why can't we get the support of AILF for this or other law firms? I know there are enough people who have been affected to justify that.
We have to do away with all those naysayers and all those IFs and BUTs. I don't belive in it.
We know we have a justified case here and it is a simple matter of whether we are willing to fight.
Why can't we get the support of AILF for this or other law firms? I know there are enough people who have been affected to justify that.
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