wikipedia_fan
03-31 11:42 AM
To me; it looks like it could be a shift in change of policy. In the denial notice; it is the same officer number who sent the notice of intent to deny. Therefore; it is not a training issue; looks like something else is happening.
training issue is when they send straght denial after 140 is revoked.
Can you upload the denial notice - off course you can erase the confidential information. It will be useful to us.
training issue is when they send straght denial after 140 is revoked.
Can you upload the denial notice - off course you can erase the confidential information. It will be useful to us.
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pansworld
12-03 04:50 PM
One of the approaches can be for state chapters to be involved and solicit donations from local members. I liked the idea for donations from immigrants who have already obtained green cards and online ADS from google as long as we do not overdo it. I am leaning more towards funding drives. For reasons that people in the process understand better than I do, I agree that the amounts cannot be disclosed. Hence it would be nice to have offline discussions or discussions on PMs on targets between state chapter members.
I for one am not for monthly payments or memberships. That just makes for exclusive organization and we want to be more inclusive.
I also had another important question we need to ask ourselves. Do we want to solicit funding or donations or participation? They are two very different things. Participation is not limited to monetary involvement but can include time and ability (designing banners, websites, writing letters et al.) donation.
Cheers
I for one am not for monthly payments or memberships. That just makes for exclusive organization and we want to be more inclusive.
I also had another important question we need to ask ourselves. Do we want to solicit funding or donations or participation? They are two very different things. Participation is not limited to monetary involvement but can include time and ability (designing banners, websites, writing letters et al.) donation.
Cheers
kaisersose
11-02 12:06 PM
Agreed getting a GC is a painful process not to mention the bureaucracies that go with it.Agreed serious lobbying is necessary to bring about a change in the legislative system coz waiting for years to get ones GC is plain ridiculous.But the idea of REVERSE BRAIN DRAIN is just a myth.I am pretty sure that atleast 80% of the people are just average Joes whose intellect is just better than those blonde babes of the "Girl next door" reality series.We should be glad that we were raised in a foreign country lest would have replaced those poor old folks saying "welcome to wal-mart".So lets stop talking about reverse brain drain and atleast not try to replace those intelligent ones back home. We being here is best for our country and our economy.
I am with you. We like to invent all possible reasons to try to show our importance to America, but it is obvious that reverse brain drain is not a real thing.
American will do just fine without all the foreign programmers (including myself) living and working in this country. They can find Americans to do the work or if not, they will offshore jobs. Either way, life will go on as before.
Foeign born programmers are not here because they are exceptionally bright, they are here because they could get a college degree and get trained in programming skills at a cheap throwaway cost, which is harder for an average American to afford. So the foreigner gets to write programs while the American has to settle for a sales position in Best Buy.
What America really needs; what they cannot do without are the maids, landscapers, construction workers and janitors. The politicians who have to make the decision of sending out illegals have to deal with the problem of not finding maids and gardeners for their expensive homes (their wives are not going to let them do that). Easier for them to let the illegal issue prolong while they enjoy the benefits of cheap labor providing by illegals.
The GC system is entirely in our favor. It really does not benefit America in any significant way. The fact remains that we still end up stealing their jobs at some level - whether we are willing to admit it or not.
I am with you. We like to invent all possible reasons to try to show our importance to America, but it is obvious that reverse brain drain is not a real thing.
American will do just fine without all the foreign programmers (including myself) living and working in this country. They can find Americans to do the work or if not, they will offshore jobs. Either way, life will go on as before.
Foeign born programmers are not here because they are exceptionally bright, they are here because they could get a college degree and get trained in programming skills at a cheap throwaway cost, which is harder for an average American to afford. So the foreigner gets to write programs while the American has to settle for a sales position in Best Buy.
What America really needs; what they cannot do without are the maids, landscapers, construction workers and janitors. The politicians who have to make the decision of sending out illegals have to deal with the problem of not finding maids and gardeners for their expensive homes (their wives are not going to let them do that). Easier for them to let the illegal issue prolong while they enjoy the benefits of cheap labor providing by illegals.
The GC system is entirely in our favor. It really does not benefit America in any significant way. The fact remains that we still end up stealing their jobs at some level - whether we are willing to admit it or not.
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gkebiz
01-15 01:06 PM
Correct Link:
http://citizensbriefingbook.change.gov/ideas/viewIdea.apexp?id=087800000004s1h&srPos=0&srKp=087
Or loginto citizenbriefingbook.change.gov and search for "Immigration..."
VOTE UP!
http://citizensbriefingbook.change.gov/ideas/viewIdea.apexp?id=087800000004s1h&srPos=0&srKp=087
Or loginto citizenbriefingbook.change.gov and search for "Immigration..."
VOTE UP!
more...
darslee
07-13 09:06 PM
Good luck.....wishing you great success with this effort....cant wait for the feedback! :)
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chanduv23
03-31 02:04 PM
We have to understand that there is a myriad of laws; INA, CFR's; USCIS policy binding memos; internal memos; appeals decisions, court cases, precedent aao decisions, precedent legal cases.
Now; the ac21 memo is a memo that uscis officers have to follow. However; the memo is not in accordanc with INA 245 or AC21.
INA 245 states that a valid and approved 140 is needed for a person to get lawful permanent residency.
ac21 says that a person can change jobs after 485 has been pending for more then 180 days.
The above two things are the law.
In ac21 law; it doesn't say anything about the scenario if 140 is revoked by employer. It is totally silent to it.
USCIS in their memos realized that ac21 law would not have any meaning if the employer still controlled the 140 if a person was eligible for ac21; therefore, they issued the memo (memo is not law but binding; memos can be changed; however, there has been nothing public about any possible change).
Memo is clarification which they have been following for many years and as far as I know still binding.
If we look at all the denials on 485 - when 140 is revoked the officer quotes "INA 245" and when MTR is filed - the case gets reopened stating AC21.
It is clear that AC21 supersedes the INA 245 rule.
Ability to pay is an interesting topic but I don't think this kind of denial has anything to do with ability to pay.
Now; the ac21 memo is a memo that uscis officers have to follow. However; the memo is not in accordanc with INA 245 or AC21.
INA 245 states that a valid and approved 140 is needed for a person to get lawful permanent residency.
ac21 says that a person can change jobs after 485 has been pending for more then 180 days.
The above two things are the law.
In ac21 law; it doesn't say anything about the scenario if 140 is revoked by employer. It is totally silent to it.
USCIS in their memos realized that ac21 law would not have any meaning if the employer still controlled the 140 if a person was eligible for ac21; therefore, they issued the memo (memo is not law but binding; memos can be changed; however, there has been nothing public about any possible change).
Memo is clarification which they have been following for many years and as far as I know still binding.
If we look at all the denials on 485 - when 140 is revoked the officer quotes "INA 245" and when MTR is filed - the case gets reopened stating AC21.
It is clear that AC21 supersedes the INA 245 rule.
Ability to pay is an interesting topic but I don't think this kind of denial has anything to do with ability to pay.
more...
waitin_toolong
12-11 02:09 PM
it has not been a whole week yet so have a heart. Did you try to track the passprt from the vfs site
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mheggade
07-18 02:40 PM
Hi Folks,
I know that with a deluge of applications, the question I am asking might not be relevent in the current scenario (July filers), but what is the historical EAD processing time? I know they say that USCIS will issue one within 90 days, but does it always take 90 days or is lot lesser?
I remember when I got EAD during OPT, it took like 30-40 days on average. Does the same hold for the EAD for EB too?
Appreciate your response. thanks!
When I applied for my wife who was on L2, it took 14 days.
I know that with a deluge of applications, the question I am asking might not be relevent in the current scenario (July filers), but what is the historical EAD processing time? I know they say that USCIS will issue one within 90 days, but does it always take 90 days or is lot lesser?
I remember when I got EAD during OPT, it took like 30-40 days on average. Does the same hold for the EAD for EB too?
Appreciate your response. thanks!
When I applied for my wife who was on L2, it took 14 days.
more...
vikki76
10-30 05:26 PM
caliguy,
I am in same boat as you.
2 i-140's approved with same company, both are EB2, one is RIR one is PERM.
PERM one had Jan 2006 PD where my RIR had Nov 2004.
I-485 was applied using Nov 2004. USCIS may be looking at other one and thinking PD is not current. What a mess.
leoindiano, I too have exactly same situation. Two I140 both EB2, one RIR (Nov 2004) and other PERM (Jan 2006). I called Nebraska SC using POJ method and verified with them if both 140 are linked to my 485 application or not. IO confirmed it over the phone and then reiterated that later PD is going to get picked up so my case is current per them. So, I would suggest that you do the same thing.
Another thing is that, after opening a service request, you can send a followup email to ncsc email address and get your query about priority date answered . I did that too and even got response from them . (Both A# consolidation and difference in PD)
I am in same boat as you.
2 i-140's approved with same company, both are EB2, one is RIR one is PERM.
PERM one had Jan 2006 PD where my RIR had Nov 2004.
I-485 was applied using Nov 2004. USCIS may be looking at other one and thinking PD is not current. What a mess.
leoindiano, I too have exactly same situation. Two I140 both EB2, one RIR (Nov 2004) and other PERM (Jan 2006). I called Nebraska SC using POJ method and verified with them if both 140 are linked to my 485 application or not. IO confirmed it over the phone and then reiterated that later PD is going to get picked up so my case is current per them. So, I would suggest that you do the same thing.
Another thing is that, after opening a service request, you can send a followup email to ncsc email address and get your query about priority date answered . I did that too and even got response from them . (Both A# consolidation and difference in PD)
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gbof
08-20 09:53 AM
Thanks All-
.. for this valuable information. Best wishes
.. for this valuable information. Best wishes
more...
admesystems
01-09 11:41 AM
Thank you Lazycis...
I was out of status for more than a year when I got married
I was out of status for more than a year when I got married
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ajju
03-13 01:18 PM
One step closer.
With last year crisscrossing, EB2 India most apps are cleared upto september 2004. We should not have too many in 2004 except substitution cases.
Hope it will step into 2005 in next 4 months....
Atleast 5 in my office and 5 in friend circle :-)
But I wish what you say is true that not many left in 2003.. and dates move to 2004 and then further...
With last year crisscrossing, EB2 India most apps are cleared upto september 2004. We should not have too many in 2004 except substitution cases.
Hope it will step into 2005 in next 4 months....
Atleast 5 in my office and 5 in friend circle :-)
But I wish what you say is true that not many left in 2003.. and dates move to 2004 and then further...
more...
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gc_for_desi
04-14 03:00 PM
I've filed for my 140 with a substitute labor in July of 2007 under EB 3. The labour had a priority date in 2002.
My company has around 50+ employees and has been doing good from over 12 years. All the employees are being paid as promised from the start.
I joined the company in Jan of 2006 and was being paid in time and as promised from day 1.
There was an RFE raised on my 140 filed with substitution with rgrds to Ability to Pay. The proferred wage mentioned in the Labour was 75K and my company had the ability to pay in 2002, 2003 and 2004 based on their financial documents except for the year 2005.
In 2005 the company started a new division and hired several people, basically they were restructuring their company for the future and there net or gross whatever income was in -ve, They spent a lot of money on training, hiring etc.., which are reflected in their financial documents.
They were back too good numbers in 2006 and 2007 while i was working for them. In 2006 my W-2 show salary less then the proferred wage in the labour and at that point of time the company nor myself had any idea that we would substitute this X labour for me, But the companies numbers were good to support the difference of amount in 2006.
In the year 2007, i had a good hike, but was still below the proferred wage but only by 3K, and again the company had enuf finances to support the difference of amount.
Starting of 2008, i got another good hike and am way above the proferred wage.
Now the RFE was raised for Ability to pay from 2002 to current date, the current date being March 2008 when the RFE was raised.
My company submitted all the docs required and for the RFE and also clearly explained the reasons for the numbers being bad in 2005. They submitted my w-2's for 2006, 2007 and salary stubs for Jan and Feb of 2008 along with their tax returns, etc from 2002 to 2007.
Now the Response has been file on March 28th and am awaiting the decision, has anybody faced any similar situations and what could be the results you guys predict.
Would the USCIS consider only 2 months of my salary stubs in 2008 to qualify my case as being paid more than the proferred wage or would they scrutinize every other thing....
Any replies are appreciated.... Thanks
My company has around 50+ employees and has been doing good from over 12 years. All the employees are being paid as promised from the start.
I joined the company in Jan of 2006 and was being paid in time and as promised from day 1.
There was an RFE raised on my 140 filed with substitution with rgrds to Ability to Pay. The proferred wage mentioned in the Labour was 75K and my company had the ability to pay in 2002, 2003 and 2004 based on their financial documents except for the year 2005.
In 2005 the company started a new division and hired several people, basically they were restructuring their company for the future and there net or gross whatever income was in -ve, They spent a lot of money on training, hiring etc.., which are reflected in their financial documents.
They were back too good numbers in 2006 and 2007 while i was working for them. In 2006 my W-2 show salary less then the proferred wage in the labour and at that point of time the company nor myself had any idea that we would substitute this X labour for me, But the companies numbers were good to support the difference of amount in 2006.
In the year 2007, i had a good hike, but was still below the proferred wage but only by 3K, and again the company had enuf finances to support the difference of amount.
Starting of 2008, i got another good hike and am way above the proferred wage.
Now the RFE was raised for Ability to pay from 2002 to current date, the current date being March 2008 when the RFE was raised.
My company submitted all the docs required and for the RFE and also clearly explained the reasons for the numbers being bad in 2005. They submitted my w-2's for 2006, 2007 and salary stubs for Jan and Feb of 2008 along with their tax returns, etc from 2002 to 2007.
Now the Response has been file on March 28th and am awaiting the decision, has anybody faced any similar situations and what could be the results you guys predict.
Would the USCIS consider only 2 months of my salary stubs in 2008 to qualify my case as being paid more than the proferred wage or would they scrutinize every other thing....
Any replies are appreciated.... Thanks
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vinoddas
07-11 08:08 PM
BTW, if you guys use Facebook, I created an event on Facebook as well:
http://www.facebook.com/event.php?eid=2411444328
http://www.facebook.com/event.php?eid=2411444328
more...
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cjagtap
07-18 02:55 PM
PD-APRIL 04
140 APPROVED- 04/07
485 APPLICATION REACHED TSC-07-02
NO REJECTION YET OR NO RECEIPT NOTICE YET.
CHECKED CASHED -NOT YET
Called service center -she said they sent all the applications back but if thats the case we should have gotten it by now.
What if we dont get any receipt notice or rejected papers till the end of this month..do we have to recreate our medical sealed envelop again? what if the doc do not have anything on the computer and can not make copies?
IN ThAT CASE WE ARE SURELY GOING TO AGAIN MISS AUGUST 17TH DEADLINE,IF NOT WILL BE STRESSED FOR NEXT ENTIRE MONTH!!!
140 APPROVED- 04/07
485 APPLICATION REACHED TSC-07-02
NO REJECTION YET OR NO RECEIPT NOTICE YET.
CHECKED CASHED -NOT YET
Called service center -she said they sent all the applications back but if thats the case we should have gotten it by now.
What if we dont get any receipt notice or rejected papers till the end of this month..do we have to recreate our medical sealed envelop again? what if the doc do not have anything on the computer and can not make copies?
IN ThAT CASE WE ARE SURELY GOING TO AGAIN MISS AUGUST 17TH DEADLINE,IF NOT WILL BE STRESSED FOR NEXT ENTIRE MONTH!!!
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bandya
04-28 03:32 PM
Second contribution of $200. Contributed $400 till now.
Comon guys we can do it - $100 from 500 of the 3000+ members would get us to our immediate goal!!!
Comon guys we can do it - $100 from 500 of the 3000+ members would get us to our immediate goal!!!
more...
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unchew
06-05 02:21 PM
I don't know why but that remembers me of Bethoven...
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desi3933
08-26 05:13 PM
Since this discussion has been going on for 5 pages, i thought ill add my 2c.
Firstoff i haven't gone through all 5 pages so if someone already mentioned this, please don't jump on me. You can create an SBI account called SWIFT account. They will give you an account number and a SWIFT code for the bank.
You can then initiate a wire transfer from any bank in the US. They charge a flat rate of around 35-45$. The good part is, you can have the money sent in $ to your local account. They say it takes 3 days but it never takes more than one day for me.
The money is saved in FD as dollars and earns you interest if you leave it for 11 months. If you need to convert it any time, you have to forgo the interest (as with any FD) and you can get the closing exchange rate of the previous day.
This has many advantages
1) one simple fee of 35$
2) In case you want to bring back the money to the us, since it is kept as dollars, you can transfer it back without any hassle. (To keep it in dollars , you may have to provide this as a special instruction)
3) Folks back home have control on exchange rate, they can cash it any time it is high
4) Takes less than a day in most cases.
If you do the math, you will see that this is better than icici when you are sending 4000$ or more approx. icici does not take fees upfront but they always give you almost 50p less than exchange rate.
I have used this 4 times so far and its very reliable.
Thanks.
There are some banks (e.g. Washington Mutual Bank) that offer Free outgoing wire transfer for both domestic as well as International.
Just FYI and I suggest that you do your research before acting on it.
________________________________________
Proud to be Indian-American and Legal Immigrant
Firstoff i haven't gone through all 5 pages so if someone already mentioned this, please don't jump on me. You can create an SBI account called SWIFT account. They will give you an account number and a SWIFT code for the bank.
You can then initiate a wire transfer from any bank in the US. They charge a flat rate of around 35-45$. The good part is, you can have the money sent in $ to your local account. They say it takes 3 days but it never takes more than one day for me.
The money is saved in FD as dollars and earns you interest if you leave it for 11 months. If you need to convert it any time, you have to forgo the interest (as with any FD) and you can get the closing exchange rate of the previous day.
This has many advantages
1) one simple fee of 35$
2) In case you want to bring back the money to the us, since it is kept as dollars, you can transfer it back without any hassle. (To keep it in dollars , you may have to provide this as a special instruction)
3) Folks back home have control on exchange rate, they can cash it any time it is high
4) Takes less than a day in most cases.
If you do the math, you will see that this is better than icici when you are sending 4000$ or more approx. icici does not take fees upfront but they always give you almost 50p less than exchange rate.
I have used this 4 times so far and its very reliable.
Thanks.
There are some banks (e.g. Washington Mutual Bank) that offer Free outgoing wire transfer for both domestic as well as International.
Just FYI and I suggest that you do your research before acting on it.
________________________________________
Proud to be Indian-American and Legal Immigrant
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rajuram
02-14 12:08 AM
I think many a times we over analyze things. It does not matter what the common people think about legal immigrants. Most people do not care. Even if they do, it does not affect us in any way, because rules are made by politicians not by men in the streets. And most polticians do care about immigrants, but only the illegals ones, because it is their future vote bank. For legals the only hope is companies like Microsoft, with a big fat wallet. Just pray that the economy keeps going at the current pace or else there could more trouble for us.
Leadership or Money is not issue for getting results. Why there is so much oppositon to H1b and GC increase? There is a fear in certain american people that they may lose job to the low wage H1b people. Is anyone either corportions or Pro-immigrants trying to remove the fear? Is skill bill has any protection to american workers? We want to increase to h1b or gc without botherng the impact. Now USA really need more h1bs and gcs. But are we suggesting anything when job growth stops or recession happens? Rememember so many people were laid off between 2000 to 2003 including H1b people and Americans but that time also most of 195k h1b was used. I knew lot of people
those who lost the job because of outsourcing and H1b. They struggled for couple of years and and now most of them are in good positon because job market improved. Bold decison will be H1 increase or Gc increase with complete protection to American people and adjustment when demand decreases. Otherwise even h1b or gc is increased by lobbying or politics hatred may increase that is not good for immigration.
Leadership or Money is not issue for getting results. Why there is so much oppositon to H1b and GC increase? There is a fear in certain american people that they may lose job to the low wage H1b people. Is anyone either corportions or Pro-immigrants trying to remove the fear? Is skill bill has any protection to american workers? We want to increase to h1b or gc without botherng the impact. Now USA really need more h1bs and gcs. But are we suggesting anything when job growth stops or recession happens? Rememember so many people were laid off between 2000 to 2003 including H1b people and Americans but that time also most of 195k h1b was used. I knew lot of people
those who lost the job because of outsourcing and H1b. They struggled for couple of years and and now most of them are in good positon because job market improved. Bold decison will be H1 increase or Gc increase with complete protection to American people and adjustment when demand decreases. Otherwise even h1b or gc is increased by lobbying or politics hatred may increase that is not good for immigration.
BharatPremi
03-13 02:08 PM
There is no such thing as a CP and an AOS bulletin. There is only one official visa bulletin every month issued by the DOS's Bureau of Consular Affairs. The input for that comes from the Consulates all over the world who process CP applications and the USCIS which processes the AOS applications. But, both USCIS and the Consulates abide by the same visa bulletin which gives the cut-off dates for priority dates.
exactly. People started to take pain to see CP dates that's why those terms appear loosely on this thread. ANd everybody here understand that... so do not worry.
exactly. People started to take pain to see CP dates that's why those terms appear loosely on this thread. ANd everybody here understand that... so do not worry.
abhijitp
12-03 01:35 PM
Is this a legal option for a non profit? If so, I suggest we go for it!
Here is one scheme I have been thinking about:
1. Every week members donate any amount they like over paypal
2. At the end of the week one of them is selected and refunded 2 times his contribution amount
3. To make things interesting and ensure the scheme "helps" and not "hurts" IV: Change the selection process every once in a while e.g. One week you select the user who has donated an "average" amount, but next week you select the "highest" donor, in the 3rd week you select the "5th" name in the donor's list irrespective of his amount, and so on.
e.g.
consider the following players/amounts in a given week:
user1: $20
user2: $100
user3: $10
user4: $45
user5: $25
user6: $50
user7: $25
user8: $5
user9: $10
user10: $100
________
Total: $390
Divide by 10 users: $39
This week's selection process: Select the "average" donor.
Who donated an amount closest to the average? : user4 ($45)
Therefore, refund user4 for $90
What IV received in the process: $390- $90 = $300
The other BIG question is: what incentive do people then have to sign up for monthly contributions, which is clearly the preferred way of contributing as it helps in planning and budgeting? The answer would probably be "bigger" prizes for those who sign up for monthly contributions!
Of course... if only people realize there can be no greater incentive than receiving your Green Card sooner/ being able to apply for AOS any time after LC/PERM stage is cleared.... we would not have to care about all these fancy ideas!
Too bad people can't see what is "2+2" until it is shown as 2*2*2 - 2^2!
Here is one scheme I have been thinking about:
1. Every week members donate any amount they like over paypal
2. At the end of the week one of them is selected and refunded 2 times his contribution amount
3. To make things interesting and ensure the scheme "helps" and not "hurts" IV: Change the selection process every once in a while e.g. One week you select the user who has donated an "average" amount, but next week you select the "highest" donor, in the 3rd week you select the "5th" name in the donor's list irrespective of his amount, and so on.
e.g.
consider the following players/amounts in a given week:
user1: $20
user2: $100
user3: $10
user4: $45
user5: $25
user6: $50
user7: $25
user8: $5
user9: $10
user10: $100
________
Total: $390
Divide by 10 users: $39
This week's selection process: Select the "average" donor.
Who donated an amount closest to the average? : user4 ($45)
Therefore, refund user4 for $90
What IV received in the process: $390- $90 = $300
The other BIG question is: what incentive do people then have to sign up for monthly contributions, which is clearly the preferred way of contributing as it helps in planning and budgeting? The answer would probably be "bigger" prizes for those who sign up for monthly contributions!
Of course... if only people realize there can be no greater incentive than receiving your Green Card sooner/ being able to apply for AOS any time after LC/PERM stage is cleared.... we would not have to care about all these fancy ideas!
Too bad people can't see what is "2+2" until it is shown as 2*2*2 - 2^2!
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