CSPAvictim
07-09 07:31 PM
1. In the first 3 quarters they are supposed to use 81%(3*27%) of 140,000 = 113400. They used up 140,000(which is not according to their regulation A).
2. Regarding clause B, in June they could have used 14000(from June) + 47400(Remaining quota from previous months i.e 113400- 66000) = 61400. They used 74000 in June(which is not according to their regulation B).
very well pointed out! maybe there is more to this than meets the eye, because the lawsuit doesn't seem to mention this violation. Or is there a remote possiblity that the lawyers havent done their math?:confused:
2. Regarding clause B, in June they could have used 14000(from June) + 47400(Remaining quota from previous months i.e 113400- 66000) = 61400. They used 74000 in June(which is not according to their regulation B).
very well pointed out! maybe there is more to this than meets the eye, because the lawsuit doesn't seem to mention this violation. Or is there a remote possiblity that the lawyers havent done their math?:confused:
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alterego
07-15 10:30 AM
Ramba,
"and the alien must have intended to undertake the employment, upon adjustment"
That is the line that is the big caveat in this question. You must demonstrate to the adjudicating officer(to his/her satisfaction) that you plan to go back to your petitioning employer once your green card is approved. Either that or you invoke the AC21 statute by fulfilling those requirements.
This answer was speaking to that point.
A withdrawn 140 is a bad news on either front. Especially when it happens with the future intent clause, then how can you say you and the employer still have intent. It won't fly with the adjudicator.
With the AC21, if the 180 days has passed then 140 withdrawal often still does lead to RFE and sometimes outright denial but the MTR and appeal process can be successful on the grounds of AC21 portability rules. There are people on this forum with such experiences. Try searching for it.
Once again, this is a delicate situation and the poster is best served with good legal counsel. We are all of course giving our best layman interpretations here.
"and the alien must have intended to undertake the employment, upon adjustment"
That is the line that is the big caveat in this question. You must demonstrate to the adjudicating officer(to his/her satisfaction) that you plan to go back to your petitioning employer once your green card is approved. Either that or you invoke the AC21 statute by fulfilling those requirements.
This answer was speaking to that point.
A withdrawn 140 is a bad news on either front. Especially when it happens with the future intent clause, then how can you say you and the employer still have intent. It won't fly with the adjudicator.
With the AC21, if the 180 days has passed then 140 withdrawal often still does lead to RFE and sometimes outright denial but the MTR and appeal process can be successful on the grounds of AC21 portability rules. There are people on this forum with such experiences. Try searching for it.
Once again, this is a delicate situation and the poster is best served with good legal counsel. We are all of course giving our best layman interpretations here.
myvoice23
08-07 12:03 PM
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
On August 7, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
PD: July 2004
RD: July 3rd 2007
ND: Sept 12th 2007
I-140 Approved May 2007
Service Center: NSC
Name check: Pending (when I had infopass a week ago)
Thanks guys. I wish every one good luck, and I am going to contribute my advise, and suggestions.
I opended SR 3 weeks ago, On Monday I used POJ method to talk to IO. She said, my case has been assigned to officer. Today got this status updated.
Current Status: Notice mailed welcoming the new permanent resident.
On August 7, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
PD: July 2004
RD: July 3rd 2007
ND: Sept 12th 2007
I-140 Approved May 2007
Service Center: NSC
Name check: Pending (when I had infopass a week ago)
Thanks guys. I wish every one good luck, and I am going to contribute my advise, and suggestions.
I opended SR 3 weeks ago, On Monday I used POJ method to talk to IO. She said, my case has been assigned to officer. Today got this status updated.
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joydiptac
02-19 02:22 PM
Guys, this looks good. It is NOT for illegal aliens. Paragraphs (c) and (d) state that the alien must be admissible as an immigrant (i.e. not have broken the law by being an illegal), read paragraph (d) here:
"(d) Security and Law Enforcement Clearances- The alien, if over 15 years of age, shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section. The Secretary of Homeland Security shall provide a process for challenging the accuracy of matches that result in a finding of ineligibility for adjustment of status."
Read the "or other law enforcement actions that would render the alien ineligible for adjustment of status under this section"....so, anyone who broke the law by entering the country illegally would NOT be eligible.
So, stop sending those letters opposing this bill, and instead let's support it!!
Totally agree with you. All opposed are not getting the point that they do not stand to loose either way. Hope they come to their senses. Anyhow if nothing happens they will be waiting way more than 5 years. This can only reduce the backlogs. Think with a clear mind. You might have a fast car but you can't go fast if the freeway is clogged. THink!
"(d) Security and Law Enforcement Clearances- The alien, if over 15 years of age, shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section. The Secretary of Homeland Security shall provide a process for challenging the accuracy of matches that result in a finding of ineligibility for adjustment of status."
Read the "or other law enforcement actions that would render the alien ineligible for adjustment of status under this section"....so, anyone who broke the law by entering the country illegally would NOT be eligible.
So, stop sending those letters opposing this bill, and instead let's support it!!
Totally agree with you. All opposed are not getting the point that they do not stand to loose either way. Hope they come to their senses. Anyhow if nothing happens they will be waiting way more than 5 years. This can only reduce the backlogs. Think with a clear mind. You might have a fast car but you can't go fast if the freeway is clogged. THink!
more...
amitjoey
02-15 02:22 PM
Well said. Now if one starts to take the true diversity into account, how many chinese and indians as percentage of current US population ? ANd how many from some prominent countries of Europe ? Just curious.
Exactly, And how many from South America? 30% of the population is going to be hispanic by 2050.
Exactly, And how many from South America? 30% of the population is going to be hispanic by 2050.
sands_14
06-30 06:48 AM
I am writing on original.But entries finished.Where should I write as I have 8entries instead of 6
more...
eb3retro
10-25 04:33 PM
details in my signature..
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go_gc_way
01-18 02:05 PM
Hi Go_Gc_Way
Can you please modify the AD content.
Immigration voice is a non-profit 501 (c) (4) (pending) organization. All of Immigration Voice�s financial transactions will be audited by a CPA, submitted to the IRS.(please remove pending,we are approved)
Members from 6000 to 8000.
Content, content updated. Please verify and let me know.
Can you please modify the AD content.
Immigration voice is a non-profit 501 (c) (4) (pending) organization. All of Immigration Voice�s financial transactions will be audited by a CPA, submitted to the IRS.(please remove pending,we are approved)
Members from 6000 to 8000.
Content, content updated. Please verify and let me know.
more...
amsgc
07-28 01:46 PM
Religion is a private matter and your faith and what you believe in is your affair.
I don't understand why we are having a discussion on this subject on this forum (self filing docs). I think the original poster made a poor decision by opening this thread. Someone should close it so that we can talk about the more important matter of getting the green card faster.
I don't understand why we are having a discussion on this subject on this forum (self filing docs). I think the original poster made a poor decision by opening this thread. Someone should close it so that we can talk about the more important matter of getting the green card faster.
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Sunx_2004
07-14 06:02 PM
Can new company file amendmend to existing I-140...
The company who filed my greencard got acquired within 6 months of I485 filing for me, They amend my H1 within 6 months window and now they are in process of amending the I140..
My question to gurus is-Will he be ok if his new company amend the I140.
Of course, you know your problems best, but it was obviously irresponsible of you to quit before letting 180 days pass after applying for 485.
Here is the problem. The letter of employment you send to CIS must have a start date which will expose your violation of the 180 day rule. So unless you lie here, you are likely in in trouble. Your best bet is to suck it up and return to your sponsoring employer. That will ensure your case 100%. Any other option is risky.
Go to a knowledged attorney. Khanna, Murthy, Gotcher etc., are the names I know.
The company who filed my greencard got acquired within 6 months of I485 filing for me, They amend my H1 within 6 months window and now they are in process of amending the I140..
My question to gurus is-Will he be ok if his new company amend the I140.
Of course, you know your problems best, but it was obviously irresponsible of you to quit before letting 180 days pass after applying for 485.
Here is the problem. The letter of employment you send to CIS must have a start date which will expose your violation of the 180 day rule. So unless you lie here, you are likely in in trouble. Your best bet is to suck it up and return to your sponsoring employer. That will ensure your case 100%. Any other option is risky.
Go to a knowledged attorney. Khanna, Murthy, Gotcher etc., are the names I know.
more...
logiclife
01-30 01:20 PM
One more thing about desi companies.
When you go from H4 to H1 or F1 to H1, you are legally allowed to work for your sponsor only after H1 approval (I-797) comes, not after the receipt notice comes. When you transfer H1s from company A to company B, you can start working as soon as the receipt notice for transfer petition is received. That is the law.
Now, since our dear desi employers are known to be greedy and also known to be comfortable in bending, breaking or ignoring the law, once they file for your H4 to H1 transfer, they would want you to start working right away. Forget about waiting for H1 approval notice, they are unlikely to wait even for the receipt notice. It would be illegal to work on H4 even if you have the receipt notice in your hands for H4 to H1 transfer.
However, they would want you to work, so that you can start generating the revenue for the company. (hey, it costs money to do your transfer and money doesnt grow on trees). And who's gonna know. Once you are a willing participant in this, you are not going to report it, they are not going to report it and the client (your project location) would not even know the difference between H1 and H4. And ICE has its hands full in busting illegals working in meat packing plants.
Now, that is not all. In order to cover up the fact that you were working (and on their payroll) while in H4 without waiting for H1 approval, they may pay you in checks other than payroll checks. Either as an expense check or something else(cash, money order etc). There is another law they are breaking in the process of covering up the immigration law violation. The tax laws. By not paying you on a regular payroll, they cannot deduct your income tax and the employer's payroll tax. So it would be "Off the books".
Anyways, clarify with them that you will not work until you see the original approval of I-797 in your hands. That way, you wont be dragged into this mud.
-------------------------------------------
PS
I am not advocating that anyone break any laws. I am just stating what I have known from this industry and the usual practices so that people can avoid getting into situations where they unknowingly break the laws due to their employers' greed. Also, I am not denigrating Desis or desi companies, I am myself an Indian.
When you go from H4 to H1 or F1 to H1, you are legally allowed to work for your sponsor only after H1 approval (I-797) comes, not after the receipt notice comes. When you transfer H1s from company A to company B, you can start working as soon as the receipt notice for transfer petition is received. That is the law.
Now, since our dear desi employers are known to be greedy and also known to be comfortable in bending, breaking or ignoring the law, once they file for your H4 to H1 transfer, they would want you to start working right away. Forget about waiting for H1 approval notice, they are unlikely to wait even for the receipt notice. It would be illegal to work on H4 even if you have the receipt notice in your hands for H4 to H1 transfer.
However, they would want you to work, so that you can start generating the revenue for the company. (hey, it costs money to do your transfer and money doesnt grow on trees). And who's gonna know. Once you are a willing participant in this, you are not going to report it, they are not going to report it and the client (your project location) would not even know the difference between H1 and H4. And ICE has its hands full in busting illegals working in meat packing plants.
Now, that is not all. In order to cover up the fact that you were working (and on their payroll) while in H4 without waiting for H1 approval, they may pay you in checks other than payroll checks. Either as an expense check or something else(cash, money order etc). There is another law they are breaking in the process of covering up the immigration law violation. The tax laws. By not paying you on a regular payroll, they cannot deduct your income tax and the employer's payroll tax. So it would be "Off the books".
Anyways, clarify with them that you will not work until you see the original approval of I-797 in your hands. That way, you wont be dragged into this mud.
-------------------------------------------
PS
I am not advocating that anyone break any laws. I am just stating what I have known from this industry and the usual practices so that people can avoid getting into situations where they unknowingly break the laws due to their employers' greed. Also, I am not denigrating Desis or desi companies, I am myself an Indian.
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nozerd
01-27 10:31 AM
Why are the numbers for 2000 so low. Is it because it is pre AC21.
Also how are we currently accounting for 245I folks in this model. Do we have good numbers on them ?
Also how are we currently accounting for 245I folks in this model. Do we have good numbers on them ?
more...
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cygent
07-28 09:32 PM
Funny, I got a red dot too and with a
No worries Guys, given you both some greens to offset that moron's. Speaking of which someone gave me red called me an "idiot" for me wanting to sue USCIS.
No worries Guys, given you both some greens to offset that moron's. Speaking of which someone gave me red called me an "idiot" for me wanting to sue USCIS.
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newuser
04-20 03:25 PM
I will be able call after 6:30 PM EST.
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thehulkdeals
08-16 01:00 PM
EB3 for ROW has retrogressed quite a bit and this could actually be a great opportunity to beef up the DC rally with people from the rest of the world. It would be much better to have legal immigrants from all over the world protesting instead of just Indians and some Chinese. Core group, time to look in that direction since we only have a month before the rally? I expect there to be a lot of Europeans and Aussies on the East Coast on EB-3.
I am still trying to understand this GC process. My PD (EB3-ROW) is March 31, 2006. I do not see that this Spt bulletin is a good news for me. So When should I expect my PD become current? 4-5 years.
My lawyer did process my i-140/i-485 for the July visa Viasco, but i think they only send the i-140 and the AP/EAD forms. Is this possible and what are the benefit for these applications.
Thanks
I am still trying to understand this GC process. My PD (EB3-ROW) is March 31, 2006. I do not see that this Spt bulletin is a good news for me. So When should I expect my PD become current? 4-5 years.
My lawyer did process my i-140/i-485 for the July visa Viasco, but i think they only send the i-140 and the AP/EAD forms. Is this possible and what are the benefit for these applications.
Thanks
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EB2_Jun03_dude
04-25 10:49 AM
Am just curious to know how many of you (approved ones) used AC21 portability and if there were any ramifications. Would be great to know what the experience was and can help the rest of us.
I used AC21 twice. Both times I informed USCIS, EVL contained exact job description but different title. Did not have any AC21 related RFE and today got 'CP ordered email'. :) good luck to all!
Hope this helps...
I used AC21 twice. Both times I informed USCIS, EVL contained exact job description but different title. Did not have any AC21 related RFE and today got 'CP ordered email'. :) good luck to all!
Hope this helps...
more...
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perm2gc
01-10 12:12 PM
new forums and sites are here
http://immigrationvoice.org/forum/showpost.php?p=16078&postcount=42
any volunteers?
volunteers to post in those above listed forums or to search forums ?
http://immigrationvoice.org/forum/showpost.php?p=16078&postcount=42
any volunteers?
volunteers to post in those above listed forums or to search forums ?
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thomachan72
07-05 04:46 PM
Money never, never comes last, IMHO. Money does have its place right beside grass root efforts. Any one who undermines either of them at any time is making a huge mistake.
I am scratching my head to figure out how IV benefits with non paying members? If you say that by being a member of IV, we have done the honors, I have no answer for you. If you say that we all boast about being a 15K member org, You can pass on me. Are you a proponent of "I dont care how IV benefits from me, All that I care for is if I got my question answered or not " thought process? As long as we see IV only as a forum and compare with other forums, we will never see the invaluable difference. while eulogizing the founders, also try to see what they would like us to do. I am positive they would love more contributions than a simple eulogy so that we can enable ourselves with more ammo. Thanks for the undeserved pat. I will be happy if people take a moment and introspect their stand on this issue.
Friend I dont disagree with you regarding the value of money but we should think in the context of the current situation, right? The CIR is gone for now. It may / may not come back in 2009, who knows. Now we have the 485 filing crisis. You said we have 15000 members. How many of these are actually affected by the current crisis?? I can tell about one person, myself, certainly I am not affected directly. Now if lets say 20% are affected that would be 3000, right? Do you know how many people applied for 485 this time, it certainly is in the 100K or much more numbers. Now if we start being very critical of the few here (approx 3000), who have not contributed, we are making a mistake. I may be completely wrong on these numericals. Lets hope everybody contributes (if IV actually needs fund urgently). Atleast regarding the present crisis we are fortunate the AILF is taking up the case for FREE. People who want to contribute can through IV or even directly. I dont think contribution is going to make a difference here. This is not a lobbying effort involving the pattonbog, this is a legal case in which we are just joining.
I am scratching my head to figure out how IV benefits with non paying members? If you say that by being a member of IV, we have done the honors, I have no answer for you. If you say that we all boast about being a 15K member org, You can pass on me. Are you a proponent of "I dont care how IV benefits from me, All that I care for is if I got my question answered or not " thought process? As long as we see IV only as a forum and compare with other forums, we will never see the invaluable difference. while eulogizing the founders, also try to see what they would like us to do. I am positive they would love more contributions than a simple eulogy so that we can enable ourselves with more ammo. Thanks for the undeserved pat. I will be happy if people take a moment and introspect their stand on this issue.
Friend I dont disagree with you regarding the value of money but we should think in the context of the current situation, right? The CIR is gone for now. It may / may not come back in 2009, who knows. Now we have the 485 filing crisis. You said we have 15000 members. How many of these are actually affected by the current crisis?? I can tell about one person, myself, certainly I am not affected directly. Now if lets say 20% are affected that would be 3000, right? Do you know how many people applied for 485 this time, it certainly is in the 100K or much more numbers. Now if we start being very critical of the few here (approx 3000), who have not contributed, we are making a mistake. I may be completely wrong on these numericals. Lets hope everybody contributes (if IV actually needs fund urgently). Atleast regarding the present crisis we are fortunate the AILF is taking up the case for FREE. People who want to contribute can through IV or even directly. I dont think contribution is going to make a difference here. This is not a lobbying effort involving the pattonbog, this is a legal case in which we are just joining.
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ganguteli
03-09 11:32 PM
I like your idea.
Let us all blame IV core for not getting our greencard and having a crappy visa bulletin this month. :)
I contributed $5 in the high five campaign and I still do not have my labor cleared. I want to blame IV for that too. :)
Did you not see the FOIA action item by IV core?
Let us all blame IV core for not getting our greencard and having a crappy visa bulletin this month. :)
I contributed $5 in the high five campaign and I still do not have my labor cleared. I want to blame IV for that too. :)
Did you not see the FOIA action item by IV core?
anandrajesh
07-02 12:00 PM
Well, this is a clear sign of "You are not Needed here, get the heck out of our country". May be we should heed to this msg and move out.
I wasted My money, Time, Took a Few shots at the Doctor, declined a good Permanent Offer for all this. What a Waste...
This is a sad sad news
UPDATE ON JULY VISA AVAILABILITY
The sudden backlog reduction efforts by Citizenship and Immigration Services Offices during the past month have resulted in the use of almost 60,000 Employment numbers. As a result of this unexpected action it has been necessary to make immediate adjustments to several previously announced cut-off dates. All Citizenship and Immigration Services Offices have been notified of the following:
Effective Monday July 2, 2007 there will be no further authorizations inresponse to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation
have been made available. Employment preference numbers will once again be available to these chargeability areas beginning October 1, 2007, under the FY-2008 annual numerical limitation.
Department of State Publication 9514
CA/VO: July 2, 2007
I wasted My money, Time, Took a Few shots at the Doctor, declined a good Permanent Offer for all this. What a Waste...
This is a sad sad news
UPDATE ON JULY VISA AVAILABILITY
The sudden backlog reduction efforts by Citizenship and Immigration Services Offices during the past month have resulted in the use of almost 60,000 Employment numbers. As a result of this unexpected action it has been necessary to make immediate adjustments to several previously announced cut-off dates. All Citizenship and Immigration Services Offices have been notified of the following:
Effective Monday July 2, 2007 there will be no further authorizations inresponse to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation
have been made available. Employment preference numbers will once again be available to these chargeability areas beginning October 1, 2007, under the FY-2008 annual numerical limitation.
Department of State Publication 9514
CA/VO: July 2, 2007
alex99
10-29 08:57 PM
^^^^^^^^^^^^
