nk2006
10-21 03:30 PM
Though the denial of this MTR is against the law by USCIS, one must consider following.
AC21 is a benefit for a long delayed adjustment of status applicant to change the employer before getting GC. This law was framed based on the fact that the employee working for a long period of time with sponser (either in non-immigrant visa or in EAD) and cannot change the job because of prolonged delay in approval of 485. However, one must remember that, the fundamental priciple of granting GC is based on the fact that intent of the employee working "permanetly" or some longer period of time for the sponser. If the employer can demonstrate successfully to the USCIS that the employee does not having the intent then USCIS may deny the 485. If one resigns just immediatly after the 180 days, it doubts the legitimacy of the intent. If employer argues that the employee was waiting just for 180 days and using the law to change the job, there is a reason for USCIS to belive the employer's claim about false intent of the emploee. But one can overrule this denial in court, if the employee demonstrates that he/she worked for the sponsor for a considerable period of time before and after filing 485, to prove his/her intent.
How can USCIS can judge the legitimacy of the intent of the applicant - it can be very subjective and depend a lot on the way visa officer interprets. For example how long after six months is considered a "long wait"?
There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.
AC21 is a benefit for a long delayed adjustment of status applicant to change the employer before getting GC. This law was framed based on the fact that the employee working for a long period of time with sponser (either in non-immigrant visa or in EAD) and cannot change the job because of prolonged delay in approval of 485. However, one must remember that, the fundamental priciple of granting GC is based on the fact that intent of the employee working "permanetly" or some longer period of time for the sponser. If the employer can demonstrate successfully to the USCIS that the employee does not having the intent then USCIS may deny the 485. If one resigns just immediatly after the 180 days, it doubts the legitimacy of the intent. If employer argues that the employee was waiting just for 180 days and using the law to change the job, there is a reason for USCIS to belive the employer's claim about false intent of the emploee. But one can overrule this denial in court, if the employee demonstrates that he/she worked for the sponsor for a considerable period of time before and after filing 485, to prove his/her intent.
How can USCIS can judge the legitimacy of the intent of the applicant - it can be very subjective and depend a lot on the way visa officer interprets. For example how long after six months is considered a "long wait"?
There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.
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skakodker
02-25 12:53 PM
It is easy and potentially justifiable to feel some frustration. As it relates to the green card, I am in a similar situation to most who visit and share their views on this board.
I view the Universe and everything that is contained therein to be perfect - there can be no imperfections. I find comfort in that thought and focus my attention on the following:
feeling grateful for all that I have; doing my work to the best of my ability; taking the risks I believe I should take; being resilient; enjoying my life more; being patient; caring more; comparing less
This is merely a statement of my beliefs - this works for me. It is not intended to offend anyone nor is it a solution to anyone's woes.
Good times, health, and happiness to all.
I view the Universe and everything that is contained therein to be perfect - there can be no imperfections. I find comfort in that thought and focus my attention on the following:
feeling grateful for all that I have; doing my work to the best of my ability; taking the risks I believe I should take; being resilient; enjoying my life more; being patient; caring more; comparing less
This is merely a statement of my beliefs - this works for me. It is not intended to offend anyone nor is it a solution to anyone's woes.
Good times, health, and happiness to all.
spicy_guy
09-13 12:31 PM
Hi All,
My Eb2 Perm Labor Approved. It took 2 months to get approved. It was filed on 07/09/2010 and approved on (email received by HR dept) 09/10/2010. This is just to share with all of you.
Thank you.
Pardon my lack of knowledge. Is this from beginning to end?
I think advertising and stuff takes some time. Right? and thats not included in this 2 months. Right?
My Eb2 Perm Labor Approved. It took 2 months to get approved. It was filed on 07/09/2010 and approved on (email received by HR dept) 09/10/2010. This is just to share with all of you.
Thank you.
Pardon my lack of knowledge. Is this from beginning to end?
I think advertising and stuff takes some time. Right? and thats not included in this 2 months. Right?
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vegasbaby
02-25 11:07 AM
Guys/Gals,
Put your hand on your heart and say ALLL IZZZZ WELLLL!!!!!!!
Put your hand on your heart and say ALLL IZZZZ WELLLL!!!!!!!
more...
de2002
02-27 12:09 PM
Dreams are always dreams,no reality!!!. As like our fellow member says,if there is any visibility of visa date movement,I would be happy/////
pitha
07-18 04:11 PM
good to see a junior member stand up and contribute, I hope people like you become an example to all non contributing members. thank you for your contribution.
Started a reccuring monthly payment of $50. I will try to convince all my friends from Twin Cities (Minneapolis- St Paul) area to do the same.
Started a reccuring monthly payment of $50. I will try to convince all my friends from Twin Cities (Minneapolis- St Paul) area to do the same.
more...
smuggymba
08-12 12:42 PM
In one another post - VLDRao was saying these companies does the tax filing on behalf the emoloyee, get the refund and again claim that tax in india using double taxation aoivdance treaty.
TCS used to do that 10 years ago, Infy never did it to the best of my knowledge.
TCS used to do that 10 years ago, Infy never did it to the best of my knowledge.
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Libra
09-14 10:15 AM
thank you deardar and claudia255 for the contributions.
more...
SFSweta
07-11 02:11 PM
Actually - I went to Cambridge High!! I cannot believe you missed that one!! What about Modern High?
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farhad
08-19 09:04 AM
I am out of state visa screened nurse after having a hard time passing the cgfns and other reqirment my sponser has filed me I-140 on 31th april 2007, I dont know why but they didnt give me the center name in which they file the petition, or recipt no., my questions are:
how long will it take to recieve the GC?
do you think the condition will improve for RNs in the future?
how can I find my case number without asking my sponser?
how long will it take to recieve the GC?
do you think the condition will improve for RNs in the future?
how can I find my case number without asking my sponser?
more...
Waitingnvain
05-04 10:21 AM
Hey Guys:
My PD is June 2001. I believe my attorney replied to the 45-day letter in Sep 05. Nothing has happened after that. The wait continues..
My PD is June 2001. I believe my attorney replied to the 45-day letter in Sep 05. Nothing has happened after that. The wait continues..
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H1Girl
03-03 04:25 PM
...
But he is kind of busy with other important issues and our issue is not that important for him reason may be we are not his vote bank and will get to the curve of getting the GC when we are very close to our graves.
...
Saburi
It may be true that Mr Change has been occupied by other priorities but even then I don't think anyone will ever care about legal aliens who pays Taxes every year. US won't get anything if they issue GCs to us. Remember they have to tackle unemployment in US if they issue GCs to every H1/L1. It's the gimmick just like any other tricks that US paly around the world. They lure best talent to US with GCs etc etc but what they really need is Taxes (and ofcourse some talent) from us which they are anyway getting.
Please read they way US brought african americans and chinese people few hundred years ago and used them like anything.
So guys and girls, take it easy...if they want to issue GCs they can change the policy overnight just by one signature and issue GCs rightway. But they NEVER do since they are getting what they wanted to.
here is my conclusion:
a) Illegal immigrants: Yes, US cares about them since they pose as security threat and they loose the Tax
b) Refugees: Yes, US cares about them since they pose as security threat and they loose the Tax
c) Highly Educated (EB1) like Ph.ds: Yes they care because thye want to ahead of others
d) Middle class people (Eb2 and EB3 and others): No one cares since they are getting Tax anyway.
But he is kind of busy with other important issues and our issue is not that important for him reason may be we are not his vote bank and will get to the curve of getting the GC when we are very close to our graves.
...
Saburi
It may be true that Mr Change has been occupied by other priorities but even then I don't think anyone will ever care about legal aliens who pays Taxes every year. US won't get anything if they issue GCs to us. Remember they have to tackle unemployment in US if they issue GCs to every H1/L1. It's the gimmick just like any other tricks that US paly around the world. They lure best talent to US with GCs etc etc but what they really need is Taxes (and ofcourse some talent) from us which they are anyway getting.
Please read they way US brought african americans and chinese people few hundred years ago and used them like anything.
So guys and girls, take it easy...if they want to issue GCs they can change the policy overnight just by one signature and issue GCs rightway. But they NEVER do since they are getting what they wanted to.
here is my conclusion:
a) Illegal immigrants: Yes, US cares about them since they pose as security threat and they loose the Tax
b) Refugees: Yes, US cares about them since they pose as security threat and they loose the Tax
c) Highly Educated (EB1) like Ph.ds: Yes they care because thye want to ahead of others
d) Middle class people (Eb2 and EB3 and others): No one cares since they are getting Tax anyway.
more...
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gc_check
07-20 11:53 PM
Any one recently re-financed or obtained a mortgage loan with Bank of America or Wells Fargo. Both the banks denied loan stating not having a valid visa as a reason, though I have approved EAD with 485 pending and I-140 approved. I have contacted the customer support, since the loan was through the mortgage broker. The underwrite appears to not accept EAD as a valid status and asking to provide a copy of visa to purse further. Any one have any specific docs / links that might help other than the ones in this thread.
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jgh_res
10-01 06:14 AM
First in First out is always the best option. Unfortunately that is not happening. In this scenario you should be happy that lot of people are getting green cards as the number of people in the line before you gets reduced and the visa numbers are not wasted. As some body said "Life is not fair".
The sad part is that some applicants who missed the boat called BEC with PD of around June 2004 on EB3/India got approved in June end/July time frame. I did see this on some forums external to IV.
I think there may be candidates from 2001/2002/2003 who may have applied in June/July 07. But if the rumors of NSC processing RD wise (as seen on some forum posts outside IV), then it is unfair to these people, because there may be others who missed the BEC boat and are ahead of these folks coming out of BEC.
The sad part is that some applicants who missed the boat called BEC with PD of around June 2004 on EB3/India got approved in June end/July time frame. I did see this on some forums external to IV.
I think there may be candidates from 2001/2002/2003 who may have applied in June/July 07. But if the rumors of NSC processing RD wise (as seen on some forum posts outside IV), then it is unfair to these people, because there may be others who missed the BEC boat and are ahead of these folks coming out of BEC.
more...
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psaxena
06-11 03:26 PM
Dude,
what do you think, they gonna release in public "we(USCIS) have formulated ways to harrass immigrants by delay there GC process, let them dwindle in the hands of exploiting employers, and make hefty amount of money of paperwork"
Everything has a cover, some cover ups are accepted some are not. N.Korea, justifies recent NT by saying they had the pressure and threat from neighbouring countries and USA. Nobody buys that story. Similarly we cannot but the story of USCIS saying its the issue of demand and supply. If that was the case why so many visa numbers were wasted.
Why there is fees increase in all the applications( they have enough fund for 20 years even if they dun get a penny from today onwards.)
Anyways, why are you still here in US.. go to Canada.. that will be the best for you.
I keep reading we should fight for out rights and all. I am just curious
where does it say if on is on H1B or F1, he or she has a right to get a GC. GC or citizenship is a privilege, we cant demand it or force someone to give it to us. Its a simple demand and supply situation, there are more visa seekers then there is availability and therefore there is a waiting period. i am not sure why we don't accept the simple fact that there are way too many people from developing country like ours moving to US, and not everyone can be accommodated ASAP. i think US has every right to do what it thinks is best for her, even if we don't agree with that,
And those who say its discrimination, discrimination is when people from Bihar are beaten up on the streets of mumbai cause they are taking jobs away from marathi manus. Had there been so many techies from around the world taking up jobs in India, we would have seen street lynching.
what do you think, they gonna release in public "we(USCIS) have formulated ways to harrass immigrants by delay there GC process, let them dwindle in the hands of exploiting employers, and make hefty amount of money of paperwork"
Everything has a cover, some cover ups are accepted some are not. N.Korea, justifies recent NT by saying they had the pressure and threat from neighbouring countries and USA. Nobody buys that story. Similarly we cannot but the story of USCIS saying its the issue of demand and supply. If that was the case why so many visa numbers were wasted.
Why there is fees increase in all the applications( they have enough fund for 20 years even if they dun get a penny from today onwards.)
Anyways, why are you still here in US.. go to Canada.. that will be the best for you.
I keep reading we should fight for out rights and all. I am just curious
where does it say if on is on H1B or F1, he or she has a right to get a GC. GC or citizenship is a privilege, we cant demand it or force someone to give it to us. Its a simple demand and supply situation, there are more visa seekers then there is availability and therefore there is a waiting period. i am not sure why we don't accept the simple fact that there are way too many people from developing country like ours moving to US, and not everyone can be accommodated ASAP. i think US has every right to do what it thinks is best for her, even if we don't agree with that,
And those who say its discrimination, discrimination is when people from Bihar are beaten up on the streets of mumbai cause they are taking jobs away from marathi manus. Had there been so many techies from around the world taking up jobs in India, we would have seen street lynching.
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Miya Maqbool
09-10 03:32 PM
HI Pappu,
PLease post the total amount received end of the day on the web site....
Hopefully we will exceed the required amount....
Go IV!!!
PLease post the total amount received end of the day on the web site....
Hopefully we will exceed the required amount....
Go IV!!!
more...
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rockstart
06-25 08:25 AM
This is what I think America loses due to delay in green card process. I can say this from my own experience. People with advanced degrees in Science and Technology have to keep doing same job to maintain status for 8 - 10 years since changing job / company reset's their GC process. When a guy comes to US for education the average age is around 23 - 24 years. MS completed by 25. Most guys at that time have burning desire to do something new and innovative (either in job or starting own business). But the most fortune 100 companies do not sponsor H1B or GC (Example Raytheon, Toyota, Lexmark .... based on my personal experience as electrical engineer) so you end up compromising with career to maintain status and work for companies that sponsor H1B ( future career prospects take a backseat). Then after 8 - 10 years when you get GC you already are married and possibly kids to look after you are already burnt out and want to keep working in the same desk/ clerical job that you have been doing for so many years. So its a lose lose situation to all neither government gains from the GC (by which they hope to make US a more innovative place) nor the immigrants since by then all they can think is a full time job, home and 401K.
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ashutrip
06-22 11:34 AM
If PD means the date you filed your LC then its May 8th, still not over 90 days.
its the day ur LC was filed!!
its the day ur LC was filed!!
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eb3retro
03-12 06:35 PM
Just got the email that Card Production Ordered. I hope it means the GC has been approved. Do any of you know of any situation like this?
r u sure, u r eb3, cos, in USCIS world, u need to be atleast 50 years old or waited in the 485 sstage for more than 10 years to get a GC in eb3? did u port pd or country interchangeability etc? either ways..congratulatiosn to u. hope you are not kidding around, cos ur case, is a kind of ray of hope for other eb3 veterans here.
r u sure, u r eb3, cos, in USCIS world, u need to be atleast 50 years old or waited in the 485 sstage for more than 10 years to get a GC in eb3? did u port pd or country interchangeability etc? either ways..congratulatiosn to u. hope you are not kidding around, cos ur case, is a kind of ray of hope for other eb3 veterans here.
conundrum
03-12 02:42 PM
It will be great if everyone who comes to IV contributes. That would be the ideal case scenario. But I think if there were specific donation drives like the one that is on going, then I believe a lot of people who believe in that cause would contribute and others who dont, wont!
Now, in this donor's only club that IV is proposing to have, what does the core have in mind. Is that going to be a forum where exclusive information is provided? What is the incentive for a "donor" to visit the general public forum? If the "donor"s dont visit the general forum arent you effectively killing off the general forum?
Like I had posted earlier, what stops a donor from making whatever is there in the donors only forum made available to everyone? Isnt this going to cause more divisions within IV?
Instead of forum for donors wouldnt it make more sense to have additional features made available to donors? Say, like having the ability to ask questions to a immigration lawyer or if any lawmaker is ready to answer quetions, the ability to post questions to them. I am all for donors getting a little bit of extra perks, but to have seperate forum... I am not sure if that is the best way for IV to go abt.
Yes. I agree. We had to do this because we saw that even after running a drive for FOIA that helps every member we could not reach the goal yet. This data will be sought by all of us but if we are not ready to support the effort, it will be tough to invest in it. The subscriptions will help us continue IV initiatives with more zeal and we will know that a lot of members support us.
Now, in this donor's only club that IV is proposing to have, what does the core have in mind. Is that going to be a forum where exclusive information is provided? What is the incentive for a "donor" to visit the general public forum? If the "donor"s dont visit the general forum arent you effectively killing off the general forum?
Like I had posted earlier, what stops a donor from making whatever is there in the donors only forum made available to everyone? Isnt this going to cause more divisions within IV?
Instead of forum for donors wouldnt it make more sense to have additional features made available to donors? Say, like having the ability to ask questions to a immigration lawyer or if any lawmaker is ready to answer quetions, the ability to post questions to them. I am all for donors getting a little bit of extra perks, but to have seperate forum... I am not sure if that is the best way for IV to go abt.
Yes. I agree. We had to do this because we saw that even after running a drive for FOIA that helps every member we could not reach the goal yet. This data will be sought by all of us but if we are not ready to support the effort, it will be tough to invest in it. The subscriptions will help us continue IV initiatives with more zeal and we will know that a lot of members support us.
pa_arora
06-10 05:22 PM
When do you think would EB2-I hit Feb 2005? Before this year end?
NO ONE knows abut it...no one includes USCIS too. cause they dont work on what will be needed in future.
NO ONE knows abut it...no one includes USCIS too. cause they dont work on what will be needed in future.
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