visves
01-26 10:25 AM
I think the contributions are only from those who visit this forum regularly on a day to day basis. I think there are just many people who might have just registered to get some updates but don't necessarily visit this or any other forum regularly.
A lot of people I know get their updates from the web site of one of the law firms, but don't necessarily participate in this or any other forum. Otherwise, they just carry on with their lives hoping some law will pass some day.
Some of those to whom I have talked about contributing to IV have politely said they will take a look at it. Otherwise, I feel they have just been institutionalized in their current setup and lives. I don't think the message has really reached them that there is a need to participate and contribute in a organization like IV and try and make a difference.
A lot of people I know get their updates from the web site of one of the law firms, but don't necessarily participate in this or any other forum. Otherwise, they just carry on with their lives hoping some law will pass some day.
Some of those to whom I have talked about contributing to IV have politely said they will take a look at it. Otherwise, I feel they have just been institutionalized in their current setup and lives. I don't think the message has really reached them that there is a need to participate and contribute in a organization like IV and try and make a difference.
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gc_chahiye
12-09 04:02 PM
... Was your MS Certification in your country of birth or in USA? And if it is not in uSA did you get it evaluated in USA and have submitted evaluation cert copy along with your application?
all that stuff comes in at I-140 stage. During PERM/LC they dont care about his qualifications, its the job that is being certified.
See the audit questions again, all relate to justifications that the requirements are really needed for the job advertised. ie. when the job ad said MS+2 Years is needed, DOL wants to know why this job requires MS+2 Years of experience. His lawyer is right, a more conservative approach to job requirements (MS+0 or BS+5 for EB2 is much more easier to defend). As you increase the minimum job requirements, it reduces the pool of available candidates who can apply for the job. DOL wants to make sure the minimum requirements are really valid, and not set artificially high simply to reduce the pool of candidates.
Basically your LC sponsor needs to be able to justify all requirements posted for the job (education, experience, specific skills) else you can be in trouble.
all that stuff comes in at I-140 stage. During PERM/LC they dont care about his qualifications, its the job that is being certified.
See the audit questions again, all relate to justifications that the requirements are really needed for the job advertised. ie. when the job ad said MS+2 Years is needed, DOL wants to know why this job requires MS+2 Years of experience. His lawyer is right, a more conservative approach to job requirements (MS+0 or BS+5 for EB2 is much more easier to defend). As you increase the minimum job requirements, it reduces the pool of available candidates who can apply for the job. DOL wants to make sure the minimum requirements are really valid, and not set artificially high simply to reduce the pool of candidates.
Basically your LC sponsor needs to be able to justify all requirements posted for the job (education, experience, specific skills) else you can be in trouble.
chi_shark
07-07 06:00 PM
i sent something like you have desribed in option 1 for my evl rfe. my lawyer drafter it and the only legalese reference was : [please continue his process] "as per section" yada yada yada "of the American Competitivenes in the 21st century Act".
Hi,
My attorney received an EVL RFE for my I-485 case. My PD is 2007 EB3 so I don't have any hope of getting GC but I guess they are just pre-adjucating my case.
Here is my situation - I filed my !-485 in Aug 2007 and changed job (without filing any AC-21 paperwork with USCIS) in April 2008. My attorney had looked at new job description and given green signal for change. My entire immigration history of 10 years in US is totally clean with no gaps and with all work autorizations.
Now, my concern is that the letter that my attorney has prepared for my current employer to sign has lot of legal lingo (AC-21 language, lot of CFRs, info related to my LCA and I-140) and has some language to the effect of supporting my LCA and I-140 till my GC is approved. It also states that my current employer was able to afford to pay my salary since the LCA date. My employer is fortune 5 company so money wise there is no problem but my concern is that they may not want to sign such a lengthy (wordy) legal doc without consulting their Immi attorney. I don't have much time to respond (only 8 more days). So if my employer takes long time or tells me that they can not sign it, I want to be ready with Plan B. Can someone suggest what should I do?
1 - should I prepare a simple document with job duties, responsibilities, start date, salary etc that my employer will be willing to sign. So at last moment I can atleast get that signed. Something will be better than nothing.
2 - Should I / (bigger question is can I) ask USCIS to give me more time to respond to RFE?
3. Provide simple letter from employer with an affedavit or something stating that the new job is same / similar as the old job.
Sorry for a long post and thanks for any suggestions.
Hi,
My attorney received an EVL RFE for my I-485 case. My PD is 2007 EB3 so I don't have any hope of getting GC but I guess they are just pre-adjucating my case.
Here is my situation - I filed my !-485 in Aug 2007 and changed job (without filing any AC-21 paperwork with USCIS) in April 2008. My attorney had looked at new job description and given green signal for change. My entire immigration history of 10 years in US is totally clean with no gaps and with all work autorizations.
Now, my concern is that the letter that my attorney has prepared for my current employer to sign has lot of legal lingo (AC-21 language, lot of CFRs, info related to my LCA and I-140) and has some language to the effect of supporting my LCA and I-140 till my GC is approved. It also states that my current employer was able to afford to pay my salary since the LCA date. My employer is fortune 5 company so money wise there is no problem but my concern is that they may not want to sign such a lengthy (wordy) legal doc without consulting their Immi attorney. I don't have much time to respond (only 8 more days). So if my employer takes long time or tells me that they can not sign it, I want to be ready with Plan B. Can someone suggest what should I do?
1 - should I prepare a simple document with job duties, responsibilities, start date, salary etc that my employer will be willing to sign. So at last moment I can atleast get that signed. Something will be better than nothing.
2 - Should I / (bigger question is can I) ask USCIS to give me more time to respond to RFE?
3. Provide simple letter from employer with an affedavit or something stating that the new job is same / similar as the old job.
Sorry for a long post and thanks for any suggestions.
2011 house el amor emo.
return_to_india
02-08 08:08 PM
Hello guys,
......................
4. PIO card has the passport number of my son on it...the passport will expire when he is five year old. So do I get a new passport number? If so what happens to the PIO card? Do I need to get a new one?
.............
Thanks
Yes, a new passport ( from one of the US embassies in India). I don't think it is a new PIO card, but the new passport number will be 'annotated' in the Passport ( Indian embassies in US charge $20 for that ).
......................
4. PIO card has the passport number of my son on it...the passport will expire when he is five year old. So do I get a new passport number? If so what happens to the PIO card? Do I need to get a new one?
.............
Thanks
Yes, a new passport ( from one of the US embassies in India). I don't think it is a new PIO card, but the new passport number will be 'annotated' in the Passport ( Indian embassies in US charge $20 for that ).
more...
go_gc_way
07-08 10:18 PM
Thanks for the summary lonedesi, it was very helpful understanding how did the show go.
My opinion about efforts such as this explaining problems faced by us on public shows like this , it is very much required.
I thank again all IV core members who participated this show .. another Geat effort by IV.
My opinion about efforts such as this explaining problems faced by us on public shows like this , it is very much required.
I thank again all IV core members who participated this show .. another Geat effort by IV.
hpandey
10-09 01:42 PM
If your I-94 expires you will be out of status ... it would be best if you take your new passport and travel outside immediatly before its expiration so that you can get a new I-94. The earlier IO probably didn't give you an I-94 till 2010 because your passport was expiring within 6 months.
I think you need to act on it urgently.
I have the same issue. My wife I-94 was issued based on her passport expiry date and not on her I-797 expiry date. I called up my attorney and she told that the best way to deal with this issue is to travel out of the country. If anybody had renewed it without making a travel, please post here.
[QUOTE=gc_dreamer_485;180725]Hi Folks,
I had been to canada to get my Visa stamped for my 7th in March'07. At the time i was entering United States, the immigration officer did not issue the I-94 to the validity of visa since my passport was expiring on Oct 27th 2007...
I think you need to act on it urgently.
I have the same issue. My wife I-94 was issued based on her passport expiry date and not on her I-797 expiry date. I called up my attorney and she told that the best way to deal with this issue is to travel out of the country. If anybody had renewed it without making a travel, please post here.
[QUOTE=gc_dreamer_485;180725]Hi Folks,
I had been to canada to get my Visa stamped for my 7th in March'07. At the time i was entering United States, the immigration officer did not issue the I-94 to the validity of visa since my passport was expiring on Oct 27th 2007...
more...
immi2006
02-11 02:00 PM
But even with primitive PD's if visa nos are not available, things will still be the same. What say abt 6 yr old pd's in EB2...namecheck removal doesn't help!!!
But atleast with PD of March 2001, I have some hope, esp mine is in NC presently.
But atleast with PD of March 2001, I have some hope, esp mine is in NC presently.
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waitnwatch
05-26 09:46 PM
Maybe he had it confused with the Indian Parliament. :)
I guess so .... but we should give learning01 the benefit of doubt given that learning01 is in a way the eyes and ears of IV.... keeping track of what's happening in the media.
That was a genuine slip (of no real consequence) and I definitely commend you on your efforts learning01!!
I guess so .... but we should give learning01 the benefit of doubt given that learning01 is in a way the eyes and ears of IV.... keeping track of what's happening in the media.
That was a genuine slip (of no real consequence) and I definitely commend you on your efforts learning01!!
more...
GCBy3000
07-13 06:57 PM
Change the title. It is not a FACT as your title says. it is just your assumption.
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iptel
05-03 12:06 AM
I would not recomen contacting Mr Savage. He does not appear to be the person that would help our cause.
He is openly anti-latino, openly calls for burning of mexican flag etc..
why do you think he would support legal immigration?
I'm not concerned about he being anti-latino but he is anti-immigrant he feels immigration is destroying the American Culture.
See below
These are the candid words of Michael Savage, the son of immigrants, whose love for America and trenchant insights into the leftist propaganda that threatens our way of life have made him a giant in talk radio. In this book, written in his muscular, electrifying style, Savage warns that our country is losing its identity, becoming a victim of political correctness, unmonitored immigration, and socialistic ideals: "When it comes to our culture, we're being told by liberals to let the illegal invaders as well as the legal newcomers redefine and reshape our culture into their image."
He is openly anti-latino, openly calls for burning of mexican flag etc..
why do you think he would support legal immigration?
I'm not concerned about he being anti-latino but he is anti-immigrant he feels immigration is destroying the American Culture.
See below
These are the candid words of Michael Savage, the son of immigrants, whose love for America and trenchant insights into the leftist propaganda that threatens our way of life have made him a giant in talk radio. In this book, written in his muscular, electrifying style, Savage warns that our country is losing its identity, becoming a victim of political correctness, unmonitored immigration, and socialistic ideals: "When it comes to our culture, we're being told by liberals to let the illegal invaders as well as the legal newcomers redefine and reshape our culture into their image."
more...
delhiguy79
08-14 03:40 PM
guys i think USCIS is not interested in giving EB 3 guys GC...
as mostly EB 3 guys r ppl with Bachelors (and less than 5 yrs exp) or who are stuck with EB3 due to there company (like me)...
EB 2 guys r mostly with ppl having masters degree from US...so i guess they will definetly get more preference than eb3...
I guess US wants to raise there economy by giving GCs...so that ppl more ppl will buy houses....
I hope something happens for EB3 also...but I guess in Oct bulletin PD for EB3 will b some month in 2001....
so gud luck to all of us
as mostly EB 3 guys r ppl with Bachelors (and less than 5 yrs exp) or who are stuck with EB3 due to there company (like me)...
EB 2 guys r mostly with ppl having masters degree from US...so i guess they will definetly get more preference than eb3...
I guess US wants to raise there economy by giving GCs...so that ppl more ppl will buy houses....
I hope something happens for EB3 also...but I guess in Oct bulletin PD for EB3 will b some month in 2001....
so gud luck to all of us
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jung.lee
03-03 01:22 PM
Thanks for responding to my post.
The Forum post on the link says that its not necessary to have the same or similar job description when working on EAD. What will happen when I ask for EAD renewal?
Also, what will happen when my Priority date becomes current? Will I be able to get a GC thru this I-485 since I have left the employer who filed my GC?
I should clarify that is "better" to have same or similar job when you are on EAD so that you labor certification-based green card application has a good standing if it is challenged at any point by the USCIS - it is a safe bet if you have a similar job. When I say it is not a necessary condition - it means that you can get any job you like, since there is nothing noted on the EAD application like it is on H1-B (with specific wage and job descrition) and if there is a challenge to your application by the USCIS, your attorney might be able to find reasons to justify why you are not in a same or similar job.
Again, to reiterate, as far as I remember, EAD renewal does not ask for job description. It is a simple application to issue an new card.
Since your I-140 has been approved for more than 6 months, you are within your legal portability rights (so called AC-21 clause) to switch employers without jeopardizing your pending adjustment of status "AOS" I-485.
My understanding is that one of two things might happen- either you will get an RFE or not. RFE can be triggered by many factors including notification from your previous employer to USCIS revoking the H1-B or other issues, including simple things like address changes. You can either provide AC-21 letter from your new employer when you get the RFE or do it proactively - listen to your attorney's advice on this.
If no RFE and priority date is current, you should get your GC as if nothing else happened. If priority date is current and at the time of GC adjudication there is an RFE, your attorney should be able to help you respond.
Don't sweat things too much - a lot of people have experienced life after the protective umbrella of H1-B and it is much nicer out here in the sun :)
Just get a good attorney to represent you personally in case your new emplyer does not have an immigration attorney on retainer for other immigrant employees.
The Forum post on the link says that its not necessary to have the same or similar job description when working on EAD. What will happen when I ask for EAD renewal?
Also, what will happen when my Priority date becomes current? Will I be able to get a GC thru this I-485 since I have left the employer who filed my GC?
I should clarify that is "better" to have same or similar job when you are on EAD so that you labor certification-based green card application has a good standing if it is challenged at any point by the USCIS - it is a safe bet if you have a similar job. When I say it is not a necessary condition - it means that you can get any job you like, since there is nothing noted on the EAD application like it is on H1-B (with specific wage and job descrition) and if there is a challenge to your application by the USCIS, your attorney might be able to find reasons to justify why you are not in a same or similar job.
Again, to reiterate, as far as I remember, EAD renewal does not ask for job description. It is a simple application to issue an new card.
Since your I-140 has been approved for more than 6 months, you are within your legal portability rights (so called AC-21 clause) to switch employers without jeopardizing your pending adjustment of status "AOS" I-485.
My understanding is that one of two things might happen- either you will get an RFE or not. RFE can be triggered by many factors including notification from your previous employer to USCIS revoking the H1-B or other issues, including simple things like address changes. You can either provide AC-21 letter from your new employer when you get the RFE or do it proactively - listen to your attorney's advice on this.
If no RFE and priority date is current, you should get your GC as if nothing else happened. If priority date is current and at the time of GC adjudication there is an RFE, your attorney should be able to help you respond.
Don't sweat things too much - a lot of people have experienced life after the protective umbrella of H1-B and it is much nicer out here in the sun :)
Just get a good attorney to represent you personally in case your new emplyer does not have an immigration attorney on retainer for other immigrant employees.
more...
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cbpds
04-19 01:45 PM
While its a good idea to write to the president, Obama himself says he gets 40,000 letters per day, so its a rain drop in the ocean, no offense intended.
We need to do a coordinated strike by all members of the IV
1.Everyone send an email or calls the Congressman's office on a particular date
2.Call or email their senator on a particular date.
3.Write letters to popular TV talk show hosts on a particular week saying legal immigration is ignored in the immigration debate.
4.Send an email to the president on a particular date
5.Organize peaceful rallies in their respective cities on a particular date. This way no one has to pay for traveling in terms of flight tickets or pay for hotels
This has to be organized by PAPPU and TEAM as everyone respects their work and commitment.
PS Don't start of the donate campaign thread now, people will donate once they see action and not just words. Only #5 needs donation for flags, posters etc( even that content can be brought by folks themselves)
We need to do a coordinated strike by all members of the IV
1.Everyone send an email or calls the Congressman's office on a particular date
2.Call or email their senator on a particular date.
3.Write letters to popular TV talk show hosts on a particular week saying legal immigration is ignored in the immigration debate.
4.Send an email to the president on a particular date
5.Organize peaceful rallies in their respective cities on a particular date. This way no one has to pay for traveling in terms of flight tickets or pay for hotels
This has to be organized by PAPPU and TEAM as everyone respects their work and commitment.
PS Don't start of the donate campaign thread now, people will donate once they see action and not just words. Only #5 needs donation for flags, posters etc( even that content can be brought by folks themselves)
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pd052009
05-10 11:47 AM
Wondering whether the people who are affected by 221g have gathered to fix this issue? I hope many H1B holders will be ready to join.
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sri1234
02-15 12:01 PM
H1 B Alien need not be paid all the time. I guess one can be on unpaid vacation for a while. pls see below.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
Krishna_brc is correct. H1 B alien can be on medical leave, sick leave and can be unpaid during that period.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
Krishna_brc is correct. H1 B alien can be on medical leave, sick leave and can be unpaid during that period.
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zCool
04-02 11:16 AM
all of them and then some..!
Luckily I work for a genuine american company..
In org chart there was just 1 non-white sounding name.. mine:)
Luckily I work for a genuine american company..
In org chart there was just 1 non-white sounding name.. mine:)
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Libra
10-03 04:06 PM
YES.
you mean EAD card production ?
you mean EAD card production ?
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BharatPremi
12-10 01:31 PM
As somebody said earlier, it's not right a forcing statement to make somebody donate. When I read the first reply of my email was not something which I asked advice but a dontation I was somewhat flustered. IT reached the limites when somebody mentioned cancel your trip of Bahamas and donate. Bharatpremi, I must say mind your own business, don't tell me what to do.
On top people have repped in wierd ways as well.
I would just say please mind your own business in these things if you don't want to give advice, dont act like some jerk and tell me what to do and what not to do..
By the way I have already donated money in past before DC rally and will donate again.
Please don't spoil the spirit of forum and try to act maturely!!!
Bunch of losers. I am done with this forum.
Dollar500,
Please read my post again and again till you get the real message out of it. Neither I was advising you nor I was telling you what you MUST do. Yes, what I conveyed was 'This struggle is (What IV has initiated) very important in your immigration life or my immigration life.' I do not know at what stage you are as far as immigration is concerned but if you are at later stage (2004 PD and afterwards) you will remember me in coming years. Yes, this struggle is more important for yourself right now rather than going to Bahama. And yes, if I might have that extra money meant for leisure I definately should have donated to IV and decided not to go to Bahama this year but I am not as fortunate as you are and that is a different matter.
And please take this as a very serious informative suggestion but not as a "intrusion in your life" or "advise". If you decide not to go to Bahama this year and instead would donate to IV ,you will certainly pat my back in future years (Probably while sitting on a beach in Bahama :)) for thinking good about yourself and your family.
And still You would like to go Bahama, go and enjoy and relax with your family and we will put an end to this suggestive information.
On top people have repped in wierd ways as well.
I would just say please mind your own business in these things if you don't want to give advice, dont act like some jerk and tell me what to do and what not to do..
By the way I have already donated money in past before DC rally and will donate again.
Please don't spoil the spirit of forum and try to act maturely!!!
Bunch of losers. I am done with this forum.
Dollar500,
Please read my post again and again till you get the real message out of it. Neither I was advising you nor I was telling you what you MUST do. Yes, what I conveyed was 'This struggle is (What IV has initiated) very important in your immigration life or my immigration life.' I do not know at what stage you are as far as immigration is concerned but if you are at later stage (2004 PD and afterwards) you will remember me in coming years. Yes, this struggle is more important for yourself right now rather than going to Bahama. And yes, if I might have that extra money meant for leisure I definately should have donated to IV and decided not to go to Bahama this year but I am not as fortunate as you are and that is a different matter.
And please take this as a very serious informative suggestion but not as a "intrusion in your life" or "advise". If you decide not to go to Bahama this year and instead would donate to IV ,you will certainly pat my back in future years (Probably while sitting on a beach in Bahama :)) for thinking good about yourself and your family.
And still You would like to go Bahama, go and enjoy and relax with your family and we will put an end to this suggestive information.
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qplearn
10-23 03:33 PM
The name check takes 2 years anyway, making a mockery of fast processing times. Even VSC, which is the slowest, takes less than 2 yrs for 485.
Wait a minute; I thought the name check is part of the I485 approval (and for those who file I-140 and I-485 concurrently, part of the I-140 approval). It wouldn't make any sense if the I-485 is approved and they are still checking the identity.
Also, the thread has been quiet due to lack of hope regarding the speed of processing centers (Wata, I am with you on the Nebraska one) and the unreliability of promises for improvements.
No; the 485 approval and name check are two different things. Even after 485 is approved and your PD is current, you don't get the GC until the name check is cleared.
Wait a minute; I thought the name check is part of the I485 approval (and for those who file I-140 and I-485 concurrently, part of the I-140 approval). It wouldn't make any sense if the I-485 is approved and they are still checking the identity.
Also, the thread has been quiet due to lack of hope regarding the speed of processing centers (Wata, I am with you on the Nebraska one) and the unreliability of promises for improvements.
No; the 485 approval and name check are two different things. Even after 485 is approved and your PD is current, you don't get the GC until the name check is cleared.
meridiani.planum
03-03 01:51 PM
Thanks for starting this thread. I had completely forgotten about my passport expiring in Jun 2008. I have a question. Is it mandatory to fill name of spouse on the renewal form, if you are married. Let me know.
Thanks
no its not.
Thanks
no its not.
another one
11-20 05:30 PM
My plan is making the following
Movie - A full length feature with characters that represent our life (includes H1 to GC process) in US with humor
Documentary - A professional documentary on our issues like H1 quota problems, GC backlog processing etc.
Any other thoughts from your side would help.
I am an ex NYFA student in digital film making. I would like to make the above two things by end of this year. Any of you are interested can participate. Again I don't need any money contributions. Just need your participation as actors, script writers and as other team members.
There is nothing funny about our state in US. Unless the humor is very dark the relevance will be lost. The idea can't bee to make another Monsoon Wedding.
Movie - A full length feature with characters that represent our life (includes H1 to GC process) in US with humor
Documentary - A professional documentary on our issues like H1 quota problems, GC backlog processing etc.
Any other thoughts from your side would help.
I am an ex NYFA student in digital film making. I would like to make the above two things by end of this year. Any of you are interested can participate. Again I don't need any money contributions. Just need your participation as actors, script writers and as other team members.
There is nothing funny about our state in US. Unless the humor is very dark the relevance will be lost. The idea can't bee to make another Monsoon Wedding.
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