clear485
07-04 03:06 PM
I already sent a AC21 letter to USCIS through my Attorney - I am not sure if my file got updated.
My desi employer wants to withdraw the 140 petition now. He says, he cannot keep 140 petitions of employees who leave the organization and not on w2 and he will have "ability to pay issue"
I have heard horror stories of USCIS issuing denials and NOID because AC21 letter never reached the file even though it was sent in time and I guess this is exactly what my desi employer thinks - teach lesson by withdrawing 140.
I spoke to my Attorney and she says "your file may not be updated but we will keep a record that we sent" useful in case we want to respond to NOID or RFE.
Folks - please post your AC21 success/horror stories when previous employer withdrew the 140 petition.
What are my options to avoid a NOID or denial
Thanks in advance
You will not have any problems since you already submitted AC21 documents (keep certified mail receipt with you).....so whatever your attorney said, it is correct....you don't need to worry.....even your employer withdraws your I-140 it won't be having any problem.....it happened in my case....I have sent AC21 docs....after that employer withdraws I-140.....but nothing happened to I-140
"Ability to pay issue" is right in employer's view.....he can able show the ability for one more application if he withdraws your application.....
How did you find your file was not updated AC21 docs..... better way is go to local USCIS and asked your attorney name whether it is the changed one or previous one if you have changed them.....call I800 and asked them few details like attorney name and company name etc..... see some times they won't reveal any info....you have to find out the way to get right answer (like tell them old attorney's name and say didn't get any updated information about your case etc)....
My desi employer wants to withdraw the 140 petition now. He says, he cannot keep 140 petitions of employees who leave the organization and not on w2 and he will have "ability to pay issue"
I have heard horror stories of USCIS issuing denials and NOID because AC21 letter never reached the file even though it was sent in time and I guess this is exactly what my desi employer thinks - teach lesson by withdrawing 140.
I spoke to my Attorney and she says "your file may not be updated but we will keep a record that we sent" useful in case we want to respond to NOID or RFE.
Folks - please post your AC21 success/horror stories when previous employer withdrew the 140 petition.
What are my options to avoid a NOID or denial
Thanks in advance
You will not have any problems since you already submitted AC21 documents (keep certified mail receipt with you).....so whatever your attorney said, it is correct....you don't need to worry.....even your employer withdraws your I-140 it won't be having any problem.....it happened in my case....I have sent AC21 docs....after that employer withdraws I-140.....but nothing happened to I-140
"Ability to pay issue" is right in employer's view.....he can able show the ability for one more application if he withdraws your application.....
How did you find your file was not updated AC21 docs..... better way is go to local USCIS and asked your attorney name whether it is the changed one or previous one if you have changed them.....call I800 and asked them few details like attorney name and company name etc..... see some times they won't reveal any info....you have to find out the way to get right answer (like tell them old attorney's name and say didn't get any updated information about your case etc)....
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go_guy123
07-02 10:40 AM
I guess country quota is root of all our green card related griefs. everybody else can dream of getting a green card someday, but EB-3/EB-2 India & China should stop dreaming about Green cards...I am sure this can be prooved illegal.
We cant say. Even Supreme Court works by voting where judges vote and majority wins.
In the past courts has said yes to "Affirmative action" and that it doesn't violate the
equality given by constitution.
Another option would be to challenge the interpretation of the law. Like unused visa capture whether wasted visa
should be counted.
Long back time spent outside US and on H4 visa used to we wasted. Not anymore. This has come about by challenging
the interpretation of the law.
Similar challenges are going on interpretation of the Child status protection act that was passed in 2002
We cant say. Even Supreme Court works by voting where judges vote and majority wins.
In the past courts has said yes to "Affirmative action" and that it doesn't violate the
equality given by constitution.
Another option would be to challenge the interpretation of the law. Like unused visa capture whether wasted visa
should be counted.
Long back time spent outside US and on H4 visa used to we wasted. Not anymore. This has come about by challenging
the interpretation of the law.
Similar challenges are going on interpretation of the Child status protection act that was passed in 2002
Macaca
10-05 09:35 PM
To their credit, the editor has added a comment for further reading on the legal limbo faced by foreign-born scientists from a page one story written last year.
http://online.wsj.com/article/SB115135331760891063.html
Dr Ona (= DrOna = drona) :D
WSJ could find 1 article in 1+ year but have 4+ articles on undocumented workers per week, with a CIR dead for ever. I tried to post this but they closed the blog.
Only a forever ignorant can continue to post that media (and everyone else) is ignorant about the distinction between legal and illegal. They closed this blog because the blog was getting filled with EB GC issues which are not of interest. Here is a 4+ day open WSJ blog (http://blogs.wsj.com/washwire/2007/10/01/that-was-fast/) on H2B.
BTW, blog post has more effect then email because others can read a post and hence puts more pressure.
http://online.wsj.com/article/SB115135331760891063.html
Dr Ona (= DrOna = drona) :D
WSJ could find 1 article in 1+ year but have 4+ articles on undocumented workers per week, with a CIR dead for ever. I tried to post this but they closed the blog.
Only a forever ignorant can continue to post that media (and everyone else) is ignorant about the distinction between legal and illegal. They closed this blog because the blog was getting filled with EB GC issues which are not of interest. Here is a 4+ day open WSJ blog (http://blogs.wsj.com/washwire/2007/10/01/that-was-fast/) on H2B.
BTW, blog post has more effect then email because others can read a post and hence puts more pressure.
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jayz
06-29 10:27 PM
Thanks Smmakani! Who did you email at Mumbai Consulate? (MUMBAI-IV) Do you think you can send me the email address?
more...
smuggymba
04-20 02:13 PM
======================
I agree that we MUST educate them.
Most of them do not know anything about L1. They think only about H1. I have been to my Congressman's office several times and have written numerous letters (not emails but printed and signed letters, as they have a better impact).
Requst one and all to do that. CIR is dead now. What next? can we debate?
Cheers!
Politicians are very well aware of our issues; they just don't want to provide a solution because of the hispanic caucus.
I agree that we MUST educate them.
Most of them do not know anything about L1. They think only about H1. I have been to my Congressman's office several times and have written numerous letters (not emails but printed and signed letters, as they have a better impact).
Requst one and all to do that. CIR is dead now. What next? can we debate?
Cheers!
Politicians are very well aware of our issues; they just don't want to provide a solution because of the hispanic caucus.
India_USA
06-30 11:43 AM
Maybe his speech is geared toward the federal lawsuit against Arizona....
Frank Sharry: AZ Legal Challenge: A Pivotal Moment for Federal Leadership on Immigration (http://www.huffingtonpost.com/frank-sharry/az-legal-challenge-a-pivo_b_630697.html)
Frank Sharry: AZ Legal Challenge: A Pivotal Moment for Federal Leadership on Immigration (http://www.huffingtonpost.com/frank-sharry/az-legal-challenge-a-pivo_b_630697.html)
more...
gauravsh
07-02 10:05 AM
I support this cause. if we go through this path we can also fight for our ssn and medicare. if we are able to get that amount than we can go back with our hard earned money.
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n_2006
11-15 12:10 PM
Time of signing the contract also is very important. If you signed the contract after H1 transfer or joining the assignment will not have much impact. Because you signed that contract under pressure or without any option. Also any unpaid time (bench) is plus point for you. You can extract that money from them easily after leaving the company. Recently there was such case in NJ.
I think before joining any of these companies, as an employee we should ask these questions with out any hesitation. Before joining, these employers will talk very friendly. That point we can not ask below questions because employer looks like a friend.
1) Conditions leaving the company.
We should also agree for reasonable conditions. I think 6 months is reasonable. By that time they make their expenses.
We should make it very clear that we are not going to stay with the company as bonded labor.
2) GC Process. Attorney. Documentation.
We should be very clear on what happens if you leave the company before getting GC.
Will you get the paper work (Labor, I 140 copies) as soon they are approved?
Transparency. Control over the process
Can you have your own lawyer?
3) Joining the client where you are working?
most of us finding projects/clients on our own. There is nothing employer is doing to find these clients. What are the terms. In these difficult situations clients may not be ready to pay head hunting fee to middle company and your employer.
4) Payment.
When and how will we get paid?
Even I did not ask these questions before joining. But moving forward I would like to ask these questions.
Hello Guys,
I need your advice here. Six month ago i joined one of the many blood suckers -Desi cosulting company in new jersey. As you all know, they ask me to sign their contract in which its mention that if i leave their company before 1 year then i need to pay them 15k. Thy also charge me 3k for my H1-B which i am still paying everymonth from my paycheck and we have 70/30. In just six months i am so much fed up with them. These people are so rude...always show their arrogance over phone. I have no libarity to find job by myself. They always looking for higher pay rate sp that their big money tummy get filled up.and i also feel that they didnt told me the right pay rate for the project i am working on right now.
I really want to leave them, Even before 12 months. Is there any importance of that contract letter i signed with them?. Can they Sue me? What are my options? Please suggest me.....i am in stress.
Thnx
I think before joining any of these companies, as an employee we should ask these questions with out any hesitation. Before joining, these employers will talk very friendly. That point we can not ask below questions because employer looks like a friend.
1) Conditions leaving the company.
We should also agree for reasonable conditions. I think 6 months is reasonable. By that time they make their expenses.
We should make it very clear that we are not going to stay with the company as bonded labor.
2) GC Process. Attorney. Documentation.
We should be very clear on what happens if you leave the company before getting GC.
Will you get the paper work (Labor, I 140 copies) as soon they are approved?
Transparency. Control over the process
Can you have your own lawyer?
3) Joining the client where you are working?
most of us finding projects/clients on our own. There is nothing employer is doing to find these clients. What are the terms. In these difficult situations clients may not be ready to pay head hunting fee to middle company and your employer.
4) Payment.
When and how will we get paid?
Even I did not ask these questions before joining. But moving forward I would like to ask these questions.
Hello Guys,
I need your advice here. Six month ago i joined one of the many blood suckers -Desi cosulting company in new jersey. As you all know, they ask me to sign their contract in which its mention that if i leave their company before 1 year then i need to pay them 15k. Thy also charge me 3k for my H1-B which i am still paying everymonth from my paycheck and we have 70/30. In just six months i am so much fed up with them. These people are so rude...always show their arrogance over phone. I have no libarity to find job by myself. They always looking for higher pay rate sp that their big money tummy get filled up.and i also feel that they didnt told me the right pay rate for the project i am working on right now.
I really want to leave them, Even before 12 months. Is there any importance of that contract letter i signed with them?. Can they Sue me? What are my options? Please suggest me.....i am in stress.
Thnx
more...
cygent
03-17 06:03 PM
I would try get Alan Greenspan back into office :rolleyes:
Bernanke does not seem that qualified IMHO.
Bernanke does not seem that qualified IMHO.
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nviren
04-26 12:25 PM
I love you guys, I love IV.
Keep it up.
Keep it up.
more...
swamy
05-30 05:30 AM
yes i saw that - i think he confused another international participant with kavya who is from kansas - he did compliment her initially & then went abt rooting for the 2nd placed kid for the rest of the time - a bizarre 'macaca' moment
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eb3retro
10-15 11:33 AM
can you post the address that you sent to ? I am planning to do the same too. I will attach an email from the travel agent for loss of money if i cancel my tickets.
Guys,
I efiled my AP on 9/5/10 @NSC and it was approved today after requesting expediting on 10/5/10 based on financial loss, I have a business transaction back home for which i need to be present and provided all supporting documentation related to that.
This is what is think is more effective than contacting senators/Ombudsman for expediting, resend all the I-131 supporting documentation,proof of emergency/loss, 2 photos and include a cover letter with bold colorful fonts requesting expediting to the same address you sent your app earlier (btw, i used the USCIS center courier address and not PO Box address), i believe this way your app goes to the officer quicker and he has all the documents needed to approve your case right away if you qualify for expediting, i have used this process more than once and know it works at least for me....you have tried other methods, why not try this as well!
Good Luck!
Guys,
I efiled my AP on 9/5/10 @NSC and it was approved today after requesting expediting on 10/5/10 based on financial loss, I have a business transaction back home for which i need to be present and provided all supporting documentation related to that.
This is what is think is more effective than contacting senators/Ombudsman for expediting, resend all the I-131 supporting documentation,proof of emergency/loss, 2 photos and include a cover letter with bold colorful fonts requesting expediting to the same address you sent your app earlier (btw, i used the USCIS center courier address and not PO Box address), i believe this way your app goes to the officer quicker and he has all the documents needed to approve your case right away if you qualify for expediting, i have used this process more than once and know it works at least for me....you have tried other methods, why not try this as well!
Good Luck!
more...
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karl65
08-25 08:10 PM
I can't believe how dummy is the DL system in NJ:confused:.
I live in Illinois and I could get my DL farther than my H1B due date. I have renewed my H1B twice and my DL is due next year.
I live in Illinois and I could get my DL farther than my H1B due date. I have renewed my H1B twice and my DL is due next year.
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greencard_fever
08-27 07:52 PM
Hi Guys,
I am a July - 2007 filer and we got the FP request in July for me and my Spouse, I have not applied for any EAD or AP extensions recentlly, for a side note i have to travel out side US in July and my attorney requested for FP reschedule (which was actually scheduled in last week July) for atleast 6 to 8 weeks, but USCIS sent me the request with in a week with an FP date just 3 weeks apart from the original one..so i had to rush my things and had to come back to US to get the FP done..
I am a July - 2007 filer and we got the FP request in July for me and my Spouse, I have not applied for any EAD or AP extensions recentlly, for a side note i have to travel out side US in July and my attorney requested for FP reschedule (which was actually scheduled in last week July) for atleast 6 to 8 weeks, but USCIS sent me the request with in a week with an FP date just 3 weeks apart from the original one..so i had to rush my things and had to come back to US to get the FP done..
more...
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chanduv23
02-23 05:43 PM
Bulls eye. this is what I am thinking.
I am looking for an answer in general for all.
May not be 100%, I have been advised that one can switch back to h1b if there is a gap and one is on pending 485 - but may have to do stamping prior to start using the H1b - gurus can correct me here.
I am looking for an answer in general for all.
May not be 100%, I have been advised that one can switch back to h1b if there is a gap and one is on pending 485 - but may have to do stamping prior to start using the H1b - gurus can correct me here.
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makemygc
07-06 11:30 AM
Guys,
Here are my thoughts:
---------------------
There are Four group of people (Became current with July bulletin) who are affected and suffered.
1) The people whose applications reached to USCIS before 10:00 AM
07/02/07, i.e. before USCIS's new revision/update.
Note: Legally this group is the SAFEST one as their file reached to the
USCIS table on time while USCIS's first bulletin was in effect. Their
case is strong as far as "Law and Justice" is concerned.
2) The people whose applications reached on 07/02/07 but after USCIS's
declaration of new revision.
Note: This group can be fit in a category "Who did not receive ample
notice from USCIS for its intention to change the bulletin. And so
may be considered "Probable beneficiaries" by the judiciary
3) The people whose applications reached or will reach to USCIS from any
time between 12:00 AM 07/03/07 to 11:59 PM 07/31/07.
Note: This group will have a "Strongest" weak argument and case. Their
act of sending files perhaps may not be considered "Law-abiding" as
they have already received ample notice from USCIS and clear
statement of USCIS about "Rejecting applications upon receiving"
then also this group sent the applications.
4) The People who will not send applications at all with respect to the
USCIS's revision.
Note: In my oinion and mostly I believe in Judiciary's opinion thsi group will
be considered "Law-abiding" and who acted as per USCIS's
instruction within the periphery of respecting legal authority.
Now other points to be noted are as under:
-----------------------------------------
DOS and USCIS screwed up? Yes... Did not happen ever and now it happened , yes.. People suffered stress..expenses.. yes. Now what we must stress on is one time bulletin per month is a tradition and it is a long time tradition but probably DOS has a power to change that... It seems that there is no such law that DOS can not do that so there exactly Lawsuite filer may have a week case. Nos USCIS is supposed to follow DOS and make bulletin as per DOS's guideline and that is what USCIS did so where is the "Law-Breaking" ? USCIS acted perfectly in legal manner. Probably if Lawsuite filer decide to file the lawsuite on the basis of "Why the helll USCIS decalred "All Current" at the first place" then there they have a chance to make a case strong but if they go another route like "Why USCIS revised the bulletin" then I personally do not see "much worth".
Now having said this, to me it looks like whether you file till in July or not OR whether you become plantiff or not, it should not matter. AILF and/or any other organization ethically and perhaps legally can not define "Class" narrowly to the limited group of people. If real justice is prevalent in this country judiciary should not allow any entity to define "Class" narrowly. To me "ALL affected" is the "Class" and if judiciary is considering it as a "class action" then it should consider "All affected" as a class. Now US justice system would go this way, I do not know but if it is not going that way then I would consider that as abig black loop hole in justice system itself. My guess is that if AILF would go defining "Class" narrowly, there will be some mechanism by which individually or with group you should be able to challenge that legally as well.
Now Judiciary, in my opinion may not take stand that ok this is a "Class lawsuite" and now Mr.X has become the plantiff so he would only be the beneficary if lawsuite is won. Either ALL affected should be considered for whatever the benefits come out ot everbody looses it. Same argument goes for people who are not filing. By not filing they are obeying the leagl instruction of government department of USA and for that they should not be punished and can not be punished by not granting any benefit to them whereas granting the benefits to the people who clearly challenged USCIS's revision by filing from 07/03 and onwards....
If USCIS is smart, it should accept all files now and create the process to have them rotted in the queue for years and that way it will be able save it face and limit on visa numbers wil automatically send whole bunch of files for eating the dust for years.
I personally see our strong point only at have reimbursement of the money and time if "We are not getting current before one year (Validity of Medicals)
Any thoughts?
How do you define "All effected"?
Here are my thoughts:
---------------------
There are Four group of people (Became current with July bulletin) who are affected and suffered.
1) The people whose applications reached to USCIS before 10:00 AM
07/02/07, i.e. before USCIS's new revision/update.
Note: Legally this group is the SAFEST one as their file reached to the
USCIS table on time while USCIS's first bulletin was in effect. Their
case is strong as far as "Law and Justice" is concerned.
2) The people whose applications reached on 07/02/07 but after USCIS's
declaration of new revision.
Note: This group can be fit in a category "Who did not receive ample
notice from USCIS for its intention to change the bulletin. And so
may be considered "Probable beneficiaries" by the judiciary
3) The people whose applications reached or will reach to USCIS from any
time between 12:00 AM 07/03/07 to 11:59 PM 07/31/07.
Note: This group will have a "Strongest" weak argument and case. Their
act of sending files perhaps may not be considered "Law-abiding" as
they have already received ample notice from USCIS and clear
statement of USCIS about "Rejecting applications upon receiving"
then also this group sent the applications.
4) The People who will not send applications at all with respect to the
USCIS's revision.
Note: In my oinion and mostly I believe in Judiciary's opinion thsi group will
be considered "Law-abiding" and who acted as per USCIS's
instruction within the periphery of respecting legal authority.
Now other points to be noted are as under:
-----------------------------------------
DOS and USCIS screwed up? Yes... Did not happen ever and now it happened , yes.. People suffered stress..expenses.. yes. Now what we must stress on is one time bulletin per month is a tradition and it is a long time tradition but probably DOS has a power to change that... It seems that there is no such law that DOS can not do that so there exactly Lawsuite filer may have a week case. Nos USCIS is supposed to follow DOS and make bulletin as per DOS's guideline and that is what USCIS did so where is the "Law-Breaking" ? USCIS acted perfectly in legal manner. Probably if Lawsuite filer decide to file the lawsuite on the basis of "Why the helll USCIS decalred "All Current" at the first place" then there they have a chance to make a case strong but if they go another route like "Why USCIS revised the bulletin" then I personally do not see "much worth".
Now having said this, to me it looks like whether you file till in July or not OR whether you become plantiff or not, it should not matter. AILF and/or any other organization ethically and perhaps legally can not define "Class" narrowly to the limited group of people. If real justice is prevalent in this country judiciary should not allow any entity to define "Class" narrowly. To me "ALL affected" is the "Class" and if judiciary is considering it as a "class action" then it should consider "All affected" as a class. Now US justice system would go this way, I do not know but if it is not going that way then I would consider that as abig black loop hole in justice system itself. My guess is that if AILF would go defining "Class" narrowly, there will be some mechanism by which individually or with group you should be able to challenge that legally as well.
Now Judiciary, in my opinion may not take stand that ok this is a "Class lawsuite" and now Mr.X has become the plantiff so he would only be the beneficary if lawsuite is won. Either ALL affected should be considered for whatever the benefits come out ot everbody looses it. Same argument goes for people who are not filing. By not filing they are obeying the leagl instruction of government department of USA and for that they should not be punished and can not be punished by not granting any benefit to them whereas granting the benefits to the people who clearly challenged USCIS's revision by filing from 07/03 and onwards....
If USCIS is smart, it should accept all files now and create the process to have them rotted in the queue for years and that way it will be able save it face and limit on visa numbers wil automatically send whole bunch of files for eating the dust for years.
I personally see our strong point only at have reimbursement of the money and time if "We are not getting current before one year (Validity of Medicals)
Any thoughts?
How do you define "All effected"?
more...
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BharatPremi
11-08 02:32 PM
Somebody gave me "Green" with comment "Green dot - GotGC??" . Thanks. No, I am still in wait hell.
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va_labor2002
09-15 01:26 PM
Like the other guy you said, I have an equity of 200,000 in one house and 50,000 in other house. I still don't have green card. I have around 300,000 in
401k and 150,000 in brokerage accounts. My net worth is around 800k, most of my money is in this country. If I want to continue my lifestyle, I need my GC, that will secure my right to live in this country. AFter 9 years of tax paying and law abiding life, I think i have a right to live in this country, but with this stupid laws don't know when i will get my GC.
Hi Reddy,
You did great with your money. You have solid investments and portfolios. You are very close to a millionare. Can you share your success story to us ?
What was your financial strategy ? Please share your tips and secrets to us ,so that we can achieve the same results in another 5 years !
Please ........
Thanks
401k and 150,000 in brokerage accounts. My net worth is around 800k, most of my money is in this country. If I want to continue my lifestyle, I need my GC, that will secure my right to live in this country. AFter 9 years of tax paying and law abiding life, I think i have a right to live in this country, but with this stupid laws don't know when i will get my GC.
Hi Reddy,
You did great with your money. You have solid investments and portfolios. You are very close to a millionare. Can you share your success story to us ?
What was your financial strategy ? Please share your tips and secrets to us ,so that we can achieve the same results in another 5 years !
Please ........
Thanks
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netappgc
10-26 04:30 PM
I am happy to see both guys comments i.e shimul99 & vkkkk
These statement gives some possitive streanth....as all of us are going some phase...
May we hear the some good news before end of December 2007
:)
These statement gives some possitive streanth....as all of us are going some phase...
May we hear the some good news before end of December 2007
:)
Caliber
04-01 03:12 PM
Thanks a lot Praveen and Amit. Hope your action will motivate others too.
God bless you.
God bless you.
PresidentO
04-01 10:42 PM
Do you want to apply for a GC in the future ? If yes, then aren;t you happy someone is paving a way for you ?
Why are trying to wake up folks who are pretending that they are sleeping?
Let them pretend.
This was the same guy who said FOIA can be hung on wall like an art frame because he does not need the data. He does not care a rat's ass if you care about the data or not. When I mentioned that FOIA can also be used for making a presentation to the lawmakers on how deep the retrogression is, FOIA is ok and good. Because, it will possibly benefit him
Me! Me! Me! Me! Alllll ME!
Give me my GC IV! I will give you 25-50$ depending on my mood. What ever!
Why are trying to wake up folks who are pretending that they are sleeping?
Let them pretend.
This was the same guy who said FOIA can be hung on wall like an art frame because he does not need the data. He does not care a rat's ass if you care about the data or not. When I mentioned that FOIA can also be used for making a presentation to the lawmakers on how deep the retrogression is, FOIA is ok and good. Because, it will possibly benefit him
Me! Me! Me! Me! Alllll ME!
Give me my GC IV! I will give you 25-50$ depending on my mood. What ever!
