JunRN
12-18 03:07 PM
Guys, AC21 rule says "I-485 pending for more than 180 days". It doesn't require that you work for the petitioning employer for 180 days. Even if you work or not, as long as I-485 is pending for more than 180 days, you can invoke AC21.
USCIS will look if you still have "future" and valid offer of employment according to your LC. USCIS is not interested in the past but the future.
USCIS will look if you still have "future" and valid offer of employment according to your LC. USCIS is not interested in the past but the future.
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rameshk75
02-13 12:11 PM
Here is my scenario:
My first H1 was approved in 2004. But i came here in June 2005. Will my 6 year count starts from June '05 OR Oct '04 ? Pls suggest.
Thanks
My first H1 was approved in 2004. But i came here in June 2005. Will my 6 year count starts from June '05 OR Oct '04 ? Pls suggest.
Thanks
chanduv23
10-10 11:05 AM
After folks start getting their EAD, God alone knows how many "New" desi bodyshopper's like this will spring up.
All those so called "Enterpreneurs" a.k.a desi bodyshoppers...Perhaps if someone started a company that actually makes something rather than just contracting....more jobs, more value...
I feel everyone of us has the potential to have such a vision...after all isn't this the land of opportunities
Perhaps it is wise only to dream....
H1b body shopping is not a proper business model, these people are utilizing the loophole in the skilled immigration system and making money and become rich overnight. Once the loophole is closed, they cannot survive. They do not have a business model or skill. Same goes with the Attorneys who associate with them. In fact it will get worse for those Attorneys as big companies only go to big law firms.
Those who worked hard in their career path will never resort to such business model.
What comes easily and fast also goes away easily and fast. Lets not worry much about them.
A lot of hard working skilled workers do work with consulting companies. These people must know how to deal with these companies.
I am contracting at a Startup - since its inception, I report directly to the company's boss. I see him go through so many things trying hard to beat competition, funding, road blocks, beurocracy, lobbying for clearances, marketing, it is extremely tough to come up with innovative business modal and then survive, but the best of the best survive and make it big. People learn quickly from mistakes and work their way up the ladder.
The bodyshoppers do not go through this, they have just sprung up in thousands, figured out it is easy money. They never realised that things change and they must know how to survive these changes - and most of them wont.
It would be interesting to see how Infy, Wipro etc... will do business when $ == 32 Rs, they will start looking for offshoring to African countries where $ is cheaper.
All those so called "Enterpreneurs" a.k.a desi bodyshoppers...Perhaps if someone started a company that actually makes something rather than just contracting....more jobs, more value...
I feel everyone of us has the potential to have such a vision...after all isn't this the land of opportunities
Perhaps it is wise only to dream....
H1b body shopping is not a proper business model, these people are utilizing the loophole in the skilled immigration system and making money and become rich overnight. Once the loophole is closed, they cannot survive. They do not have a business model or skill. Same goes with the Attorneys who associate with them. In fact it will get worse for those Attorneys as big companies only go to big law firms.
Those who worked hard in their career path will never resort to such business model.
What comes easily and fast also goes away easily and fast. Lets not worry much about them.
A lot of hard working skilled workers do work with consulting companies. These people must know how to deal with these companies.
I am contracting at a Startup - since its inception, I report directly to the company's boss. I see him go through so many things trying hard to beat competition, funding, road blocks, beurocracy, lobbying for clearances, marketing, it is extremely tough to come up with innovative business modal and then survive, but the best of the best survive and make it big. People learn quickly from mistakes and work their way up the ladder.
The bodyshoppers do not go through this, they have just sprung up in thousands, figured out it is easy money. They never realised that things change and they must know how to survive these changes - and most of them wont.
It would be interesting to see how Infy, Wipro etc... will do business when $ == 32 Rs, they will start looking for offshoring to African countries where $ is cheaper.
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chmur
12-13 11:27 PM
To highlight other point of view and keep the debate balanced... It ain't rosy on the other side(India) either.
There is a severe shortage of highly skilled personnel in India too.
For those talents , salaries have gone through the roof. Add to that rupee has appreciated a whopping 11% this year...significantly compromising cost advantage.
attrition is a problem to get anything significant done . There are many stories of companies moving out of india due to attrition.
and for those outsourcing companies like wipro , infy etc where name of the game is pure staff augumentation/outsourcing ..... immigration issues will hit their business too.
Add to that all the peripheral issues with doing business in India ....poor infrastructure, cultural issues and overhead/risk of managing distributed teams etc ...
Pure outsourcing/staff augumentation business model employed by Indian bell weather IT companies is finally being challenged.
Simply put: There ain,t free lunch, anywhere.
IMO: Purely from career standpoint , getting a greencard and staying put in US, is still the best option by a distance.
There is a severe shortage of highly skilled personnel in India too.
For those talents , salaries have gone through the roof. Add to that rupee has appreciated a whopping 11% this year...significantly compromising cost advantage.
attrition is a problem to get anything significant done . There are many stories of companies moving out of india due to attrition.
and for those outsourcing companies like wipro , infy etc where name of the game is pure staff augumentation/outsourcing ..... immigration issues will hit their business too.
Add to that all the peripheral issues with doing business in India ....poor infrastructure, cultural issues and overhead/risk of managing distributed teams etc ...
Pure outsourcing/staff augumentation business model employed by Indian bell weather IT companies is finally being challenged.
Simply put: There ain,t free lunch, anywhere.
IMO: Purely from career standpoint , getting a greencard and staying put in US, is still the best option by a distance.
more...
dipsangel
08-15 10:03 PM
what to do?
My friend, I am sorry to hear about this. Your employer must be an A** hole.
I - 485 is your application. Employer has control of your application until I - 140. All you need from employer is employment verification letter.
If you have a good lawyer, then you can do it together. Take legal advice. This is just my opinion.
My friend, I am sorry to hear about this. Your employer must be an A** hole.
I - 485 is your application. Employer has control of your application until I - 140. All you need from employer is employment verification letter.
If you have a good lawyer, then you can do it together. Take legal advice. This is just my opinion.
ChainReaction
06-24 06:56 PM
Once this Mela of accepting 485 is over ...looks like dates will retrogress to somewhere in 2003 or 2004 .. hopefully it is 2004
I hope for the same,lets see in October VB :D :D :D
I hope for the same,lets see in October VB :D :D :D
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willigetgc?
07-09 12:45 PM
Recently saw few of our members receiving green cards..... Congratulations to all of you.
I hope that you will continue to come to the IV site, and help us folks still stuck in the process.
In the meanwhile, please do share the reality that is still a dream to many of us...
I hope that you will continue to come to the IV site, and help us folks still stuck in the process.
In the meanwhile, please do share the reality that is still a dream to many of us...
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485Mbe4001
06-10 01:16 PM
BTW, can you call and ask if you case is preadjudicated. In our case my #@$@ lawyer refuses call USCIS or allow us to initiate an SR (one of the reasons why we had no idea that we were stuck in namecheck)
ALIA post doesnt help India and China EB3's (i am EB3 too). Assuming that 50% of the people who pre adjudicated are from India with a 50-50 split between eb 2 &3. We cannot expect any movement because we have ~25k EB3's ready for approval with only 3-4k visas. Eb2's (I)could be in a slightly better situation by July '10 because of spillover from unused EB1's and EB2's. I am guessing that 12-15k EB 2's will benefit. The only sliver lining is that ROW's who had visa's available but were stuck due to processing delays will be relieved from the pain.
As per this everyone who got pre-adjudicated would be receiving their GC in FY2010. But, there are people from EB3I with PD as late as 2007 who got RFEs recently and got their cases pre-adjudicated( I am one of them even though my PD is March 2003 and when I called up NSC, they said my case was pre-adjudicated and waiting for a Visa number ).
With EB3I staying at 1 Nov 2001 when the new FY2010 quota starts in October doesnt match to what Ron Gotcher says.
Anyone have any opinion?
ALIA post doesnt help India and China EB3's (i am EB3 too). Assuming that 50% of the people who pre adjudicated are from India with a 50-50 split between eb 2 &3. We cannot expect any movement because we have ~25k EB3's ready for approval with only 3-4k visas. Eb2's (I)could be in a slightly better situation by July '10 because of spillover from unused EB1's and EB2's. I am guessing that 12-15k EB 2's will benefit. The only sliver lining is that ROW's who had visa's available but were stuck due to processing delays will be relieved from the pain.
As per this everyone who got pre-adjudicated would be receiving their GC in FY2010. But, there are people from EB3I with PD as late as 2007 who got RFEs recently and got their cases pre-adjudicated( I am one of them even though my PD is March 2003 and when I called up NSC, they said my case was pre-adjudicated and waiting for a Visa number ).
With EB3I staying at 1 Nov 2001 when the new FY2010 quota starts in October doesnt match to what Ron Gotcher says.
Anyone have any opinion?
more...
Suva
01-15 06:27 PM
Check this... This covers maternity. Only thing you should get it before your wife become pregnant.
http://visitinsurance.com/VISIT_Incoming_Premiums.html
http://visitinsurance.com/VISIT_Incoming_Premiums.html
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venky08
11-19 09:56 AM
i second this.
this approach is better known as "attitude of positive expectancy" hoping that things will work out well in the future. It is difficult in this negative world to have this kind of thinking, however if you do, it will get you through your life without losing precious moments of your youth worrying about the future.
all the great leaders and visionaries of the past and present have this attitude as the way of life. something to think about in the midst of darkness surrounding the GC limbo...
I started looking for a house soon after filing for my 485/EAD/AP in August 2007. I finally got a great deal (good price and low fixed mortgage interest rates) on a 14 year home in St Louis and then had to decide whether to wait for the EAD approval before buying the home. I decided to go ahead and buy the home.
My EAD was approved sometime back and looking at the turn of events leading up to buying the house, I realized that there is always an element of risk in committing to long-term investment without a GC. However I am sick and tired of the slow GC process and cannot keep postponing important decisions in life. We need to take risks at some point. I know with a March 2005 EB2 priority date, my dream of getting a GC is still many years away. But postponing important lifestyle decisions for later is too much of a price to pay.
this approach is better known as "attitude of positive expectancy" hoping that things will work out well in the future. It is difficult in this negative world to have this kind of thinking, however if you do, it will get you through your life without losing precious moments of your youth worrying about the future.
all the great leaders and visionaries of the past and present have this attitude as the way of life. something to think about in the midst of darkness surrounding the GC limbo...
I started looking for a house soon after filing for my 485/EAD/AP in August 2007. I finally got a great deal (good price and low fixed mortgage interest rates) on a 14 year home in St Louis and then had to decide whether to wait for the EAD approval before buying the home. I decided to go ahead and buy the home.
My EAD was approved sometime back and looking at the turn of events leading up to buying the house, I realized that there is always an element of risk in committing to long-term investment without a GC. However I am sick and tired of the slow GC process and cannot keep postponing important decisions in life. We need to take risks at some point. I know with a March 2005 EB2 priority date, my dream of getting a GC is still many years away. But postponing important lifestyle decisions for later is too much of a price to pay.
more...
rajuseattle
07-21 11:51 AM
NSC: July 02nd 2008
Received Paper Receipts: July 11 2008
Waiting for the FP notices.
Received Paper Receipts: July 11 2008
Waiting for the FP notices.
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desi485
07-30 05:01 PM
THANKS !!!
When her both I140s were approved before the July/07 485 application, why didn't she use PD Porting at the time of applying 485 app in July/07. That is one of the easiest way to port PDs. It would have been straight forward and she may have received the GC by now. I know, lawyers can make one's GC Journey much more harder than it should be.
Nothing happens to your current "Adjustee" status if you interfile. But, I can understand the apprehension duw to either lack of information or plethora of wrong information present in the open.
As her EB2 PD is becoming current from Aug/08, she need not do anything now, maybe 4-5 months ago she should have done interfiling when EB2 started to come out of Unavailability. On Aug/1st, she can call USCIS and if they let her, open a Service Request on behalf of her case saying that her PD is current and her RD is July/07. If everything on her app is complete, she may get the approval in August only. Best of luck to you and her. May you guys get it soon too.
Hope this helps.
Her RD is July 28, 2007 at Nebraska but her case status shows that it been transferred to TSC. :(
485 receipt issued only in october 2007.
TSC processing dates are still stuck at JULY 16, 2007 and there will be thousands & thousands applications filed between July 17 and Aug 17 when the visa gate was re-opened. No end in sight of this GC journey suffering for the unlucky people born in retrogressed countries.
When her both I140s were approved before the July/07 485 application, why didn't she use PD Porting at the time of applying 485 app in July/07. That is one of the easiest way to port PDs. It would have been straight forward and she may have received the GC by now. I know, lawyers can make one's GC Journey much more harder than it should be.
Nothing happens to your current "Adjustee" status if you interfile. But, I can understand the apprehension duw to either lack of information or plethora of wrong information present in the open.
As her EB2 PD is becoming current from Aug/08, she need not do anything now, maybe 4-5 months ago she should have done interfiling when EB2 started to come out of Unavailability. On Aug/1st, she can call USCIS and if they let her, open a Service Request on behalf of her case saying that her PD is current and her RD is July/07. If everything on her app is complete, she may get the approval in August only. Best of luck to you and her. May you guys get it soon too.
Hope this helps.
Her RD is July 28, 2007 at Nebraska but her case status shows that it been transferred to TSC. :(
485 receipt issued only in october 2007.
TSC processing dates are still stuck at JULY 16, 2007 and there will be thousands & thousands applications filed between July 17 and Aug 17 when the visa gate was re-opened. No end in sight of this GC journey suffering for the unlucky people born in retrogressed countries.
more...
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styrum
12-19 03:48 PM
Moreover, the decision totally ignores the fact that "The basis for adjustment is not actual (current) employment but prospective employment" and the entire answer to Q10 in Part I of the Aytes Memo od 12/25/05
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Still his main problem was that the employer had requested a withdrawal of 140 (apparently doesn't matter when it was actually revoked by USCIS) before 485 was pending for 180 days.
Resume: make sure the petitioning employer doesn't revoke 140 before 485 is pending for 180.
As far as actually working for them: You don't have to work for the petitioning emplyer since it is for a "future" position. But if you never do and then (after 485 has been pending for 180 days and provided 140 was not revoked) port to another, how do you show you ever had the intent to work for them? The same answer to the same Q10 in the same memo says: "Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate." So what will be your "additional evidence" of your intent if you never worked for the original petitioning employer? Looks like working for the original petitioner (not neccessarily for all the 180 days after 485 was filed but as long as they don't withdraw 140 before 180 days is up) is the main proof of your intent to work for them and their intent to hire you permanently after you have GC.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Still his main problem was that the employer had requested a withdrawal of 140 (apparently doesn't matter when it was actually revoked by USCIS) before 485 was pending for 180 days.
Resume: make sure the petitioning employer doesn't revoke 140 before 485 is pending for 180.
As far as actually working for them: You don't have to work for the petitioning emplyer since it is for a "future" position. But if you never do and then (after 485 has been pending for 180 days and provided 140 was not revoked) port to another, how do you show you ever had the intent to work for them? The same answer to the same Q10 in the same memo says: "Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate." So what will be your "additional evidence" of your intent if you never worked for the original petitioning employer? Looks like working for the original petitioner (not neccessarily for all the 180 days after 485 was filed but as long as they don't withdraw 140 before 180 days is up) is the main proof of your intent to work for them and their intent to hire you permanently after you have GC.
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nrk
10-26 08:05 PM
Hi Guys,
I am EB2 I with a priority date of April 2006 (Direct labor applied and approved from employer A, I 140 applied and approved from Employer A, Filed 485 from Employer A itself)
Moved to Employer B using EAD in 2009 January. (Almost after 18 months after getting EAD)
10/15/2009 i called the TSC and asked the representative to know whether my case is pre approved or not. the representative told me that he does not have any of that data and opening a SR will let us know. i opened one SR on the same day.
I got a mail just now, with the following text in it.
"The status of your request is
Your case is on hold because your appear to be inadmissible under the current law
Rather than denying your application based on inadmissibility, we are placing your case on hold while the Department of Homeland security considers additional exercises of the security of Homeland security discretionary exemption authority.
Such an exercise of the exemption authority might allow us to approve the case."
What does this mean, any one has some idea about it.
I am EB2 I with a priority date of April 2006 (Direct labor applied and approved from employer A, I 140 applied and approved from Employer A, Filed 485 from Employer A itself)
Moved to Employer B using EAD in 2009 January. (Almost after 18 months after getting EAD)
10/15/2009 i called the TSC and asked the representative to know whether my case is pre approved or not. the representative told me that he does not have any of that data and opening a SR will let us know. i opened one SR on the same day.
I got a mail just now, with the following text in it.
"The status of your request is
Your case is on hold because your appear to be inadmissible under the current law
Rather than denying your application based on inadmissibility, we are placing your case on hold while the Department of Homeland security considers additional exercises of the security of Homeland security discretionary exemption authority.
Such an exercise of the exemption authority might allow us to approve the case."
What does this mean, any one has some idea about it.
more...
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laborday
07-17 10:35 AM
The processing time is still as of June 18th... There is no july yet
Close all of your browser and start a new one. This may work.
Close all of your browser and start a new one. This may work.
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looneytunezez
03-03 03:50 PM
it looks like it was a "hoax" or mistake on their part.
my exp. has been that they are usually don't go for a "NO SHOW".
my exp. has been that they are usually don't go for a "NO SHOW".
more...
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chanduv23
03-11 05:25 PM
You're right, the point I was making is the real intention of these Senators...When you want to scr.ew somebody you ask questions that are hard and mostly unanswerable....Take this example, Look at the requirement that Hyderabad Consulate has put up for H1B Visa Stamping, it sounds like they are saying don't you dare!!!
Such an escalated tone has been established due to various reasons, based on the fact that there is documented evidence of some abuse. It is not to scare every h1b visa holder.
See - people are writing so many posts their their friend is having trouble in h1b , friends friend is having trouble in POE etc... but none of them are original posts. Just look around yourself and your friends - check to see if anyone really got screwed (genuine folks) - there may be some people who got additional grilling and that's it.
People are still traveling everyday and getting stamping and no issues at POE.
Like I said earlier "unless you set the ass on fire those who abuse will not straighten themselves" - greed overtakes any good forward thought.
Senators are not your own country senators and we cannot influence their thoughts or feel bad about what they think about h1b visa. All we do is make a case for ourselves that we are genuine and really interested in following the system.
AFAIK every h1b and GC case has been dealt with on a case to case basis and people who have really followed rules did not have much issues - we continue to follow the system because we believe in it.
Such an escalated tone has been established due to various reasons, based on the fact that there is documented evidence of some abuse. It is not to scare every h1b visa holder.
See - people are writing so many posts their their friend is having trouble in h1b , friends friend is having trouble in POE etc... but none of them are original posts. Just look around yourself and your friends - check to see if anyone really got screwed (genuine folks) - there may be some people who got additional grilling and that's it.
People are still traveling everyday and getting stamping and no issues at POE.
Like I said earlier "unless you set the ass on fire those who abuse will not straighten themselves" - greed overtakes any good forward thought.
Senators are not your own country senators and we cannot influence their thoughts or feel bad about what they think about h1b visa. All we do is make a case for ourselves that we are genuine and really interested in following the system.
AFAIK every h1b and GC case has been dealt with on a case to case basis and people who have really followed rules did not have much issues - we continue to follow the system because we believe in it.
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gk_2000
11-03 04:47 PM
It is high time, we support this initiative from Senator Menendez.
http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/1624351-bill-s0185-active-again-please-call-your-senators-for-support.html#post2013464
"It seems that the bill S 1085 (the Reuniting Families Act (RFA) has become active again. I received e-mails from Senator Menedez and Senator Lautenberg talking about the bill. Senator Menendex mentioned the recapture employment-based visas that haven't been used in past years so that they may be used in future years. Among other things, he also mentioned that he will continue to address the concerns of employment-based visas in the context of comprehensive immigration reform. He is the sponsor of the S 1085 bill.
Senetor Lautenberg mentioned "Under current immigration law, employment-based immigration is limited to 140,000 visas, or green cards, per year. The process for obtaining employment-based visas can take years to complete, causing many of these visas to go unused. There is also an annual per-country limit that caps at seven percent the number of employment-based immigrants that can come from any one country. In some instances, this per-country cap causes employers to consider country of origin, not talent, when hiring foreign workers.
A bill has been introduced in the Senate that would address some of these delays and caps. The �Reuniting American Families Act� (S. 1085) would recapture unused employment-based visas from prior years. This bill would allow the Department of Homeland Security to issue any unused visas from Fiscal Years 1992-2007 and in the future roll over any unused visas from one year to the next. It would also increase the per-country cap for employment-based visas to ten percent of the annual total."
It seems that Senator Menendez is doing a lot of work to bring relief to all immigrants including employment based. It may be brought in the lame-duck session in December.
Please call your Senators to co-sponsor/support this bill."
Is it updated in Thomas, govtrack, etc? I didn't find it..
http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/1624351-bill-s0185-active-again-please-call-your-senators-for-support.html#post2013464
"It seems that the bill S 1085 (the Reuniting Families Act (RFA) has become active again. I received e-mails from Senator Menedez and Senator Lautenberg talking about the bill. Senator Menendex mentioned the recapture employment-based visas that haven't been used in past years so that they may be used in future years. Among other things, he also mentioned that he will continue to address the concerns of employment-based visas in the context of comprehensive immigration reform. He is the sponsor of the S 1085 bill.
Senetor Lautenberg mentioned "Under current immigration law, employment-based immigration is limited to 140,000 visas, or green cards, per year. The process for obtaining employment-based visas can take years to complete, causing many of these visas to go unused. There is also an annual per-country limit that caps at seven percent the number of employment-based immigrants that can come from any one country. In some instances, this per-country cap causes employers to consider country of origin, not talent, when hiring foreign workers.
A bill has been introduced in the Senate that would address some of these delays and caps. The �Reuniting American Families Act� (S. 1085) would recapture unused employment-based visas from prior years. This bill would allow the Department of Homeland Security to issue any unused visas from Fiscal Years 1992-2007 and in the future roll over any unused visas from one year to the next. It would also increase the per-country cap for employment-based visas to ten percent of the annual total."
It seems that Senator Menendez is doing a lot of work to bring relief to all immigrants including employment based. It may be brought in the lame-duck session in December.
Please call your Senators to co-sponsor/support this bill."
Is it updated in Thomas, govtrack, etc? I didn't find it..
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nomorelogins
11-18 12:51 PM
Filed under "thoughts from porcelain throne".
Munna Bhai
08-20 03:49 PM
I would like to know How to file a complaint about labor fraud? I just found out that my employer didn't file 485 for me and instead he used the labor for someone else. Is there anyway I can file a complaint? I have no other option except to wait until the dates are current again. I paid all the expenses for labor, 140 and 485.
Is this Desi?? This is very very bad.
Is this Desi?? This is very very bad.
snathan
06-16 11:06 PM
^^^^^^^^^