acecupid
07-05 02:02 PM
Even if AILA loses the lawsuit, it will bring this entire incident to the limelight. The best thing we can expect out of it is media attention which unfortunately is not available to our cause at this time.
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tikka
05-23 11:32 AM
Thank you for your e-mail. It is very important to me to know the issues
that are of concern to you. A growing number of my constituents are now
choosing to communicate with me via e-mail. I hope you will understand
that, because of the volume and range of e-mails I receive, it can take
some time to send a response that specifically addresses the subject
raised in your message. I do, however, want to let you know immediately
that your message has been received. Hearing from you and others through
e-mail helps me to quickly learn the views and interests of New Yorkers
and others, which is very helpful to me in my work in the United States
Senate. I hope you will continue to monitor my work through my website
at http://clinton.senate.gov, and I welcome hearing from you.
Sincerely,
Senator Hillary Rodham Clinton
that are of concern to you. A growing number of my constituents are now
choosing to communicate with me via e-mail. I hope you will understand
that, because of the volume and range of e-mails I receive, it can take
some time to send a response that specifically addresses the subject
raised in your message. I do, however, want to let you know immediately
that your message has been received. Hearing from you and others through
e-mail helps me to quickly learn the views and interests of New Yorkers
and others, which is very helpful to me in my work in the United States
Senate. I hope you will continue to monitor my work through my website
at http://clinton.senate.gov, and I welcome hearing from you.
Sincerely,
Senator Hillary Rodham Clinton
jackisback
05-07 05:11 PM
Has any one in the forum here have a FP notice for a 4 and half year child during the 485 process. I ask this question as my daughter did not get one.
Feedback is greatly appreciated.
Thanks.
Yes, I got a FP notice for my daughter as she was born in India; and I had applied 485 for her as well.
She was 4 and a half years in Nov 07 when we got the notice. I am a July-Aug 07 filer.
Her FP notice came for a separate date though, diff from my wife's and mine.
I wd suggest you to call USCIS/ur attorney and check.
Hope that helps.
Feedback is greatly appreciated.
Thanks.
Yes, I got a FP notice for my daughter as she was born in India; and I had applied 485 for her as well.
She was 4 and a half years in Nov 07 when we got the notice. I am a July-Aug 07 filer.
Her FP notice came for a separate date though, diff from my wife's and mine.
I wd suggest you to call USCIS/ur attorney and check.
Hope that helps.
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letsgetit
05-23 09:04 AM
Sent email to senators in my area of virginia and also called the senators..Will call more and send emails.
Thanks IV for the job you are doing...It is indeed commendable.
Thanks IV for the job you are doing...It is indeed commendable.
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designflaw
09-14 01:24 AM
What do you guys think about ROW EB3? Any chance for them folks or are they SOL as well?
desi3933
07-09 02:27 PM
where is the attachment?
Here is the memo. USCIS Link
(http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf)
Refer to Page 6.
Question 8. Can an alien port to self-employment under INA � 204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed.
..............
.
Here is the memo. USCIS Link
(http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf)
Refer to Page 6.
Question 8. Can an alien port to self-employment under INA � 204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed.
..............
.
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sb15
08-25 10:33 AM
When i initially got RFE, i didn't know at that time that there were already few H1-B's denied from my company. I believe last year when CSC started processing H1-B's they issued RFE's to lot of companies. Most of them got through even though they had few issues but unfortunately my ex-employer got caught and they have denied majority of extensions and new petitions with the reasons i have mentioned before. Till that time, i didn't had much knowledge about the process. I thought i was safe coz my W-2's were almost double the amount that stated on the labor and i was employed, i have provided all the client details, PO and everything. Inspite of that, my extension was denied. Coming to your questions, i have moved out of the company after 6 months of my 485 filing. I haven't filed any H1-B, No AC21(just change of attorney) and i also have an another 140 pending with my new employer and i don't think that 140 is going to work coz there are lot of complexities. Talk to your employer about this. Are you the only person in this situation or anyone else with you in your company. Are there any other petitions that are recently being approved or denied? He is the right person who can tell you about your petition. If you think your employer is not that good by sticking with all the rules,you still have time to move to another company. Even if your petition gets denied, if you want to maintain H1-B status, you can still do that, but there is little bit of extra money involved to get back on to it.
There is nothing to be nervous about this coz there is very little that you can do about this. Majority of the companies got this RFE and lot of them got out of it. Looks like you have a good relation with your company ( 5 years is a good amount of time ). Please talk to them and make a decision based on what they have to say..Hope everything goes well .. never know u could be green before your extension decision is made..Good luck..
Thanks sankar_203.....I would like to talk to you more on this...do you mind giving contact number ?
Thanks for the response, I really appreciate it...
s
There is nothing to be nervous about this coz there is very little that you can do about this. Majority of the companies got this RFE and lot of them got out of it. Looks like you have a good relation with your company ( 5 years is a good amount of time ). Please talk to them and make a decision based on what they have to say..Hope everything goes well .. never know u could be green before your extension decision is made..Good luck..
Thanks sankar_203.....I would like to talk to you more on this...do you mind giving contact number ?
Thanks for the response, I really appreciate it...
s
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rc0878
09-21 08:52 AM
For all those who have already received their receipt notices, do we have the priority date mentioned on the notice???
Just curious.
Thanks in advance.....
Just curious.
Thanks in advance.....
more...
english_august
07-09 09:56 AM
I have read in a few places that we plan to send flowers on 11, and 12th also?
If that is the case then the document has to be updated to include those dates. Also, I suggest collecting emails and fax numbers and assigning a few people to do the actual "sending". This will make it easier to coordinate.
11th and 12th were added later because by Saturday evening when the core team decided to support this campaign, we weren't entirely sure if delivery on the 10th was still possible.
However, majority of flowers are going to be delivered on the 10th so I wanted to keep the focus on that single date.
If you want to go ahead with co-ordinating the actual sending then please go ahead - I think it will be very helpful.
If that is the case then the document has to be updated to include those dates. Also, I suggest collecting emails and fax numbers and assigning a few people to do the actual "sending". This will make it easier to coordinate.
11th and 12th were added later because by Saturday evening when the core team decided to support this campaign, we weren't entirely sure if delivery on the 10th was still possible.
However, majority of flowers are going to be delivered on the 10th so I wanted to keep the focus on that single date.
If you want to go ahead with co-ordinating the actual sending then please go ahead - I think it will be very helpful.
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franklin
07-10 05:02 PM
Reminder - there is a nor cal conference call tonight to discuss the plans
more...
desi3933
08-24 07:55 AM
You are talking about 2004, 05. What about 2001, 2002 and 2003? There are so many people with 2002 priority dates still waiting just like me. Mine is 02/2002
What a unfair/unethical/inhuman system. I curse everyone who is causing this delay. They will all land up in hell.
>> You are talking about 2004, 05
SunnySurya is taking about 2004, 2005 because his PD is Oct 2005. Its that simple. Just self-interest.
What a unfair/unethical/inhuman system. I curse everyone who is causing this delay. They will all land up in hell.
>> You are talking about 2004, 05
SunnySurya is taking about 2004, 2005 because his PD is Oct 2005. Its that simple. Just self-interest.
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beppenyc
10-06 11:28 AM
Dems get house and rep hold the senate (with a slim difference)
If the Dems will get the congress, they will be focus on GWB and forget Immigration reform
If the Dems will get the congress, they will be focus on GWB and forget Immigration reform
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JazzByTheBay
09-28 04:36 PM
Given the number of questions and concerns IV members have about AC21 in general and "what after EAD/AP", it makes sense to coordinate with USCIS (and lawmakers if required) on this and get some favorable responses that allay everyone's concerns.
If EAD+AP are like a "provisional GC", USCIS should perhaps not delve too much into the job description of work done after the 180 days past AOS filing, imo. Just as in the case of GCs, the bar of intent to be employed in that job is met by working for that employer for 90-180 days (the latter to be on the safe side). The only reason this is such a huge issue is because of the unreasonable waiting time induced on the GC process due to retrogression.
As a result, folks from retrogression-affected countries suffer from these anxities, whereas those from unaffected countries get their GCs, and are free birds after the 90-180 day period.
It's unreasonable to expect folks from retrogressed countries to be employed in the same position, or to otherwise limit their options by imposing restrictions of new job being the same job description as the one on the approved labor cert.
jazz
First there is not enough AC21 cases to give feed back how their 485s were handled (approved/detail of RFE/denied) due to job change. Becase, almost all guys who used ac21 still in waiting game due to retrogression.
The main thing what I see here is, USCIS has not yet published the final regulation to interpret AC21 act, even after 7 years of passing AC21 act. They are issuing internal field office memo. These memos are non-binding. In other words, one cannot firmly relay on memos or challange the USCIS decision on AC21 portability according to these memos.
However, sofar, these memos are very favorable to workers, including allowing self-employment, one can port even before 140 approval ect...However, USCIS were cautioning in each memos, that the final regulation may be restrictive than memos. If they took restrictive position in final regulation, it will be a huge problem for most peoples, as they might have violated the final regulation.
Another issue is, definition of "same or similar occupational classification". This is going to be very subjective based on how uscis adjudicator going to compare old and new jobs. The memo says by comparing job duties both old and new jobs and based on SOC or ONET code of old and new job they have to decide both jobs are same or similar. As there is no clear regulation it is big issue to go howmuch level of similarity between jobs. For example one guy may think "database administrator" and "network administrator" are similar job to port. The USCIS may think it may not. It is not quantified.
I feel IV should advocate on liberal/quantifyable defintion for similar jobs in AC21 interpretation. For example, all computer professional jobs should be considered as similar jobs as well as all engineering jobs should be considered similar to port. For example mining engineer can port to chemical engineer job etc...
Also, if any one port to self employment in similar job, there is no much information available wheter one should open a company in his/her name or not (by just working in 1099 etc.. for multiple positions). This needs to have a flexible option for workers, like one can work in 1099 w/o opening a bussiness.
Also, IV should advocate on not to have any restrictive interpretation in final regulation.
If EAD+AP are like a "provisional GC", USCIS should perhaps not delve too much into the job description of work done after the 180 days past AOS filing, imo. Just as in the case of GCs, the bar of intent to be employed in that job is met by working for that employer for 90-180 days (the latter to be on the safe side). The only reason this is such a huge issue is because of the unreasonable waiting time induced on the GC process due to retrogression.
As a result, folks from retrogression-affected countries suffer from these anxities, whereas those from unaffected countries get their GCs, and are free birds after the 90-180 day period.
It's unreasonable to expect folks from retrogressed countries to be employed in the same position, or to otherwise limit their options by imposing restrictions of new job being the same job description as the one on the approved labor cert.
jazz
First there is not enough AC21 cases to give feed back how their 485s were handled (approved/detail of RFE/denied) due to job change. Becase, almost all guys who used ac21 still in waiting game due to retrogression.
The main thing what I see here is, USCIS has not yet published the final regulation to interpret AC21 act, even after 7 years of passing AC21 act. They are issuing internal field office memo. These memos are non-binding. In other words, one cannot firmly relay on memos or challange the USCIS decision on AC21 portability according to these memos.
However, sofar, these memos are very favorable to workers, including allowing self-employment, one can port even before 140 approval ect...However, USCIS were cautioning in each memos, that the final regulation may be restrictive than memos. If they took restrictive position in final regulation, it will be a huge problem for most peoples, as they might have violated the final regulation.
Another issue is, definition of "same or similar occupational classification". This is going to be very subjective based on how uscis adjudicator going to compare old and new jobs. The memo says by comparing job duties both old and new jobs and based on SOC or ONET code of old and new job they have to decide both jobs are same or similar. As there is no clear regulation it is big issue to go howmuch level of similarity between jobs. For example one guy may think "database administrator" and "network administrator" are similar job to port. The USCIS may think it may not. It is not quantified.
I feel IV should advocate on liberal/quantifyable defintion for similar jobs in AC21 interpretation. For example, all computer professional jobs should be considered as similar jobs as well as all engineering jobs should be considered similar to port. For example mining engineer can port to chemical engineer job etc...
Also, if any one port to self employment in similar job, there is no much information available wheter one should open a company in his/her name or not (by just working in 1099 etc.. for multiple positions). This needs to have a flexible option for workers, like one can work in 1099 w/o opening a bussiness.
Also, IV should advocate on not to have any restrictive interpretation in final regulation.
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senthil1
03-09 02:44 PM
Actually everyone should get copy of the receipts from DOL or INS whenever company received and also they should communicate to the lawyer every 3 months to get the status. Atleast the errors due to company or Lawyers should be avoided. One may not have much control after it goes to INS or DOL but persons make sure that everything filed properly. Some lawyers promtly send copies of all the communications both inbound and outbound. That will give gc applicants chance to review the various process and they can try to correct if any discrepancy or errors
Guys everybody has a story, in my area Labors were getting cleared in less than 1 month in mid of 2003. When my attorney filed my labor and we didn�t hear on it for 3 months, my Attorney called up the local labor dept. they told him that the person who used to do foreign labor certs met with an accident and is on extended leave, It took 13 months for the local office, by that time BECs were born, retrogression�..
Guys everybody has a story, in my area Labors were getting cleared in less than 1 month in mid of 2003. When my attorney filed my labor and we didn�t hear on it for 3 months, my Attorney called up the local labor dept. they told him that the person who used to do foreign labor certs met with an accident and is on extended leave, It took 13 months for the local office, by that time BECs were born, retrogression�..
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feedfront
09-15 04:55 PM
I am all in for donation.
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GCard_Dream
12-11 12:38 PM
Well.. may be that's the dose of reality core team needs to give to its members and that may wake up non-contributing, non-helping, and just log in to check status type of members. Just come out and say that we are too small of a group with very limited resources and influence on the capitol hill and we can't get any of our goals including non-controversial ones passed unless we have at least XXX number of members and X dollars in contribution. At least this will set the facts straight and members won't have a false expectation on some of these non-controversial measures.
Once that is clear, may be folks who are staying back or hesitating in terms of either contributing or supporting IV in membership increase will realize that it's either time to act or preserve the status quo.
All I am saying is that may be we should make the reality on the ground and rules of engagement clear to all members/non-members so that they can all set only a reasonable amount of expectation from IV under the circumstances unless something drastically changes like the membership or the contribution.
So far, we have piggy-backed on CIR and SKIL both of which were to a large extent driven by corporate interest. If you take these realities into consideration, provisions like 485 etc are not low hanging fruits any more, because we no longer have a stool to stand on. Given the infamous intertia of the lawmakers, introducing our own independent provisions will take a lot more than a membership base of around 6-7K, a contributing base of around 2k and a free-riding/blissfully ignorant base of 900k+.
Unless we become a truly representative organisation of prospective EB immigrants, we cannot take on the combined might of the anti-immigrants and the H1 thristy corporates. Not to be negative, just giving an alternate opinion.
Once that is clear, may be folks who are staying back or hesitating in terms of either contributing or supporting IV in membership increase will realize that it's either time to act or preserve the status quo.
All I am saying is that may be we should make the reality on the ground and rules of engagement clear to all members/non-members so that they can all set only a reasonable amount of expectation from IV under the circumstances unless something drastically changes like the membership or the contribution.
So far, we have piggy-backed on CIR and SKIL both of which were to a large extent driven by corporate interest. If you take these realities into consideration, provisions like 485 etc are not low hanging fruits any more, because we no longer have a stool to stand on. Given the infamous intertia of the lawmakers, introducing our own independent provisions will take a lot more than a membership base of around 6-7K, a contributing base of around 2k and a free-riding/blissfully ignorant base of 900k+.
Unless we become a truly representative organisation of prospective EB immigrants, we cannot take on the combined might of the anti-immigrants and the H1 thristy corporates. Not to be negative, just giving an alternate opinion.
more...
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asdcrajnet
02-01 09:03 AM
I thought of going back after getting citizenship, but that would be another 8-9 years at the least. I would miss the big ride in India. When I went there(Coimbatore, Tamil Nadu) 3 years ago, I did not like it that much. But I see a big change in the last 3 years. Infrastructure is improving. Few of my friends have already gone back and are pretty happy over there.
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ssa
07-28 12:47 PM
What exactly is the point of this rambling debate? Does anybody really thinks he/she can make an EB2 see the point of view of EB3 or vice-a-versa? No amount of legal/moral/philosophical arguments is going to convince the other party and we all know it.
All this debate has done is to bring out the ugliest side of all of us to the surface. There are EB2s claiming every EB2 is by definition superior than EB3 which is insane. And there is an EB3 who is itching to take help of none other than Ron Hira to shot down somebody's GC application as a retribution and couple of people applauding him for the brilliant idea! Really? Do we really thinks this is such a grand idea?
Just accept that everyone's only guiding principle here is self interest and move along. No need to jump through hoops to interpret the immigration law in 101 different ways and no need to call attention to personal suffering and plight. If we do really believe personal suffering should take precedence over everything else on humanitarian grounds then lets all first fight for illegal immigrants since their suffering is much worse than anyone here!
EB3s, go run your campaign and stop trying to appeal to EB2's sense of justice. That will never happen.
EB2s, stop trying to expect EB3s will accept higher EB preference categories should in fact get preference over the lower ones. That will never happen.
The only thing we all can hopefully agree on is, if there is anyone here - doesn't matter EB2 or EB3- who is fiercely debating this but has never contributed to IV and has never participated in any of the previous IV action items in the past that person should just shut up! If you were never active in IV you shouldn't really be talking at this point!!
All this debate has done is to bring out the ugliest side of all of us to the surface. There are EB2s claiming every EB2 is by definition superior than EB3 which is insane. And there is an EB3 who is itching to take help of none other than Ron Hira to shot down somebody's GC application as a retribution and couple of people applauding him for the brilliant idea! Really? Do we really thinks this is such a grand idea?
Just accept that everyone's only guiding principle here is self interest and move along. No need to jump through hoops to interpret the immigration law in 101 different ways and no need to call attention to personal suffering and plight. If we do really believe personal suffering should take precedence over everything else on humanitarian grounds then lets all first fight for illegal immigrants since their suffering is much worse than anyone here!
EB3s, go run your campaign and stop trying to appeal to EB2's sense of justice. That will never happen.
EB2s, stop trying to expect EB3s will accept higher EB preference categories should in fact get preference over the lower ones. That will never happen.
The only thing we all can hopefully agree on is, if there is anyone here - doesn't matter EB2 or EB3- who is fiercely debating this but has never contributed to IV and has never participated in any of the previous IV action items in the past that person should just shut up! If you were never active in IV you shouldn't really be talking at this point!!
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csreddy329
11-17 03:53 PM
Done
espoir
07-11 12:43 PM
yes lets put the burning act aside. Also it should be clear in the rallies that it is LEGAL immigration that we are talking. I still see some comments on the news stories. "All Illegals should be sent away"
My point is that any time we talk about immigration, common people think illegal as thats the only side they are exposed to.
---
Nah, we have better things to do than burn something.
Also, we don't want to add to the already hot weather in California and to global warming at large. We need cool ideas not hot headed remarks. :)
My point is that any time we talk about immigration, common people think illegal as thats the only side they are exposed to.
---
Nah, we have better things to do than burn something.
Also, we don't want to add to the already hot weather in California and to global warming at large. We need cool ideas not hot headed remarks. :)
asdcrajnet
02-09 02:14 PM
Guys,
why are u arguing whether to go back to India or not, just go if u want to or else stay and keep quiet..
There is no need to wash India's dirty linen in public here.every country has their own issues, that includes US as well.
Admin, can we please DELETE this thread and be done with this.
Moreover why cannot a person going back to india just go back quietly instead of posting it here unless he has issues been stopped as the Immigration counter in India.
I just put it in the Interesting Topics section. I think it is easy for you to ignore it instead adding 10 lines of comment.
Peace...
why are u arguing whether to go back to India or not, just go if u want to or else stay and keep quiet..
There is no need to wash India's dirty linen in public here.every country has their own issues, that includes US as well.
Admin, can we please DELETE this thread and be done with this.
Moreover why cannot a person going back to india just go back quietly instead of posting it here unless he has issues been stopped as the Immigration counter in India.
I just put it in the Interesting Topics section. I think it is easy for you to ignore it instead adding 10 lines of comment.
Peace...
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