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ramus

07-04 04:57 PM

Could you guys please take a min and visit these threads..
http://immigrationvoice.org/forum/showthread.php?p=96850#post96850
http://immigrationvoice.org/forum/showthread.php?p=96932#post96932
http://immigrationvoice.org/forum/showthread.php?t=5994

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bsnf

07-07 12:02 PM

DC is the right place even on a weekend also just protesting infront of the uscis office will get media attention .....we should plan for this.i know less than 1000 people will be a failure ..can we try to get the mood of the IV for this kind of event ...

I live in Raleigh, NC and am willing to come to DC. I will try and check if any of my friends are interested.

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Edison99

08-23 03:01 PM

Hi MeraNaamJoker,
First of all congrats man!
You experience gave so much hope on my green card process�

Buddy,

This is an ultimate test from above on our patience.

I waited for a very long 10+ yrs for my process to complete. Will you beleive that during the first 3 yrs of my application all the categories were current. The very next month when my labor got approved it went to retrogression. Before I got greened 2 weeks back, the dates became current for 3 times. I missed all 3 times. Last one was becuase of idiot lawyer (her firm is one of the largest immigration law firms in the entire country) sat on it and did not provide a required paper work.

After that the wait got extended for another 3 more yrs. finally got it on early part of this month. With the same process I was laid off once. Ported the process out. Then second company tried to ditch me the process. Ran away from their with the process. Got really lucky. From 3rd company I was forced to take a package and leave. Got lucky there too to port the case for a record 3rd time. Filed AC21 with the 4th company. Later filed I 140 again (i don't know why. The lawyer of the cmpany insisted). Got that once also approved.
Spend almost 38,000.00 dollars in all these various processes. After all these waited for almost another 2 yrs again and finally it arrived.....

So each story is different. Each has got its own colors. I have worst situations than mine. Just hang in there buddy. Your turn is round the corner. It is on its way.

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trueguy

09-19 07:46 PM

I agree with above analysis except 5% assumption is not good assumption. It might be 2% or less

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svgupta

05-23 12:38 PM

California senators :

Barbara Boxer http://boxer.senate.gov/contact/email/policy.cfm
Diane Fienstien http://www.feinstein.senate.gov/public/index.cfm?FuseAction=ContactUs.Emailme


Send email to the California senators as well!

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vishage

09-28 03:48 PM

Did you noticed any LUD before check cashing as you got receipt from california. I filed on July 20 and no news yet.

Hi chunky,
I had mailed the application on 24th july to NSC, has a lud on TSC approved 140 on 28th , Do you kow wht it means,Thank you for your reply.

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pappu

11-19 04:23 PM

Question to IV core...

After receiving the standard email respose from the congressman/senator...I am wondering are they even aware about the legal immigrants. All we are getting the standard template which is talking about only illegals and DREAM.

No mention about legals ?

Please read my earlier responses on this thread. We need to now take up this issue further and tell them we did not get satisfactory response and need serious attention to our issue as a constituent.

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priti8888

10-08 08:34 PM

First I-485 is triggered by an act of the applicant (he has to apply). So USCIS is never going to know whether an earlier applicant is still out there trying to file his application or not. In fact I would blame the entire retrogression on USCIS' attempt at FIFO which is scientifically impossible. It only results in wastage of visa numbers. In 2004 USCIS wasted 47000 visa numbers, in 2006 it wasted 10000 visa numbers. What USCIS could think of doing is just approve whoever is approvable. So the visa bulletin has only 2 possible values "C" and "U". If an earlier I485 applicant is stuck in name check then he should take appropriate action (writing to senators, FL, GWB or file WoM) and get his case adjudicated.

There are a lot of misconceptions about AoS. Let me write it here.

1. A visa number is not needed to get AoS adjudicated. A visa number is only required to file the application. But USCIS' stand is that visa number is required both while filing and adjudicating. This according to the statutes and regulations is not true and valid. If USCIS screwed up and delayed adjudicating your application that is their problem. According to statutes and regulations a visa number is only required at the time the application is filed.

2. Neither Statutes nor regulations call for any fbi name check. Remember FBI name check is different from criminal back ground check or finger print check. The name check is an arbitrary decision by FBI and USCIS and will not stand in any court of law.

3. An FBI name check was never called for by USCIS on AoS applicants. It was only required for naturalization applicants. FBI screwed up by sending every one's name through this dreaded name check and now claims that it has too many names to check.

4. If your AoS application is pending for more than a year file a law suit against USCIS because USCIS violated regulations 103.2(b)(18). According to this regulation if an investigation is pending for 6 months district director should review it. At the end of 1 year he should again review it. After that it has to be escalated to higher authorities. Trust me this never happens. Violation of regulations is a serious offense.

So FIFO will never happen because USCIS cannot control who will apply when. Second FIFO is really bad because USCIS then has to keep shuffling its visa numbers around. Instead if it just approves anyone who is approvable atleast visa numbers would get used.


Well said !

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royus77

07-06 06:45 PM

Can we have similar protest in DC coinciding with the west coast one ?Any takers ???? This should be done may be next sat/sun before the issues goes back into the hoistory

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imconfused

07-08 08:03 PM

In Fox News this afternoon, the senator has explicitly said that the Chicago lady does not have any "constituional rights" since she is not American citizen. Go figure what they think about us.


Congressman is absolutely worng. I hope they give such statements more and more and put their big foot into their even bigger mouth. once a h1/f1 etc visa has been issued to an individual, that individual has the right to be treated the same way as any other american till the time of his/her stay in the USA.

- This is my understanding and in no way a legal statement..

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RSM1444

02-10 07:06 PM

Double Post Deleted

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anda007

07-09 12:01 PM

People (including me have already sent the flowers to be delivered on the 10th.
So please do not change these dates, since that would look very awkward.


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.

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khukubindu

05-05 06:20 PM

Thanks reddymjm for your quick reply. How long would it be current , do you think ?

What should I do from my side if it the date is correct ?

Should I call USCIS.

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h4help

09-10 10:30 AM

july 5th filer; no reciepts yet !
gosh .. how much longer to wait .. there seems to be no particular order for processing :rolleyes:

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neelu

05-23 10:49 PM

Sent emails to each of the senators listed on the first page of this thread using the forms on senators' websites.

Guys, it barely takes any time to do these simple tasks.

Look forward to more participation in all IV campaigns.

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sathweb

01-30 01:05 PM

You are already out of status as H1 accounts for continuous employment along with regular pay. H1 visa, job and pay go hand in hand. Any one component missing means you are out of status.

There is no grace period. As the earlier member said, it is a gray area without any specific guidelines. I have seen people stay out of job (status) for 4 months and have used portability or consulate stamp upon getting a new job. It all depends on the IO.

BTW, did you ever realize how unethical it is to use a consultant for acquiring a H1 visa without actually having a fulltime job? For last 7 years I am on H1 myself and have played by rules… I hate people who false represent the facts for immigration benefits.

Because of people like you genuine candidates who have legitimate jobs are left out as you guys get lucky in the lottery even though you don’t have a regular fulltime job. My wife was forced to stay at home for almost 3 years because of people like you.. FYI she had a job offer (from a F500 Inc.) but people like you got lucky when it came to H1 lottery. Not just that but people like you give a bad name to legal immigrant community.

What’s your problem man? You are mad because your wife did not get H1B/Job? What do you say to a American citizen who is saying that you took his job? It’s all part of the game. Everyone is trying to improve their life.

How can you tell your wife is better? Your wife is doing exactly the same, converting from H4 to H1B. Did she have job offer when she came to USA? You must have come through some consulting company, what kind of offer letter you had when you came to US?

Everyone is playing by the rules, otherwise we would not have been here. dont think you are the only one playing by the rules.
How can you tell he/she is representing false?

People like you are the ones who are dividing the community.

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anzerraja

07-20 03:31 PM

Thanks !

Zooooom , gsc999, husker, sam, Raju and all others who were driving this initiative what is your take on this ?



Anzeeraja,

Thanks for the initiative. I like the poll idea.

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ddeka

08-11 11:05 PM

I just got an email (not magic though) about EAD renewal approval. It was paper filed on 14th June. Not sure if it is for 2 yrs or 1 yr with my priority date current.;)

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sankap

07-09 11:58 PM

@desi3933:

1. From tax standpoint, W2 means the company (which could be fully/partly owned by you) is paying tax-at-source. On 1099, *you* do the taxes and hence the hourly rate on 1099 is typically more than that on W2. In fact, many staffing companies give you the option of working on a project or 1099 or W2. (Of course, the advantage of working on W2 is you can "transfer" your H-1B, if the company is willing to do that. But the advantage of working on 1099 or LLC is that you can deduct your business expenses, as a "Self-employed" or a Corporation.) Yes, you can be an owner of a corporation and file taxes as as a C-Corp or an S-Corp on W2, but not as a "Self-employed."

2. True, your I-140 petition is for a "permanent" (definition needed) and FT job, since the sponsoring company has (supposedly) an "intent" to hire the petitioner in the future. *But* AC21 provision helps you to change employers after 180 days of filing I-485, if your I-140 is approved. The new job has to be "same or similar" to the occupation your I-140 petition was filed for. The "permanent" intent of the original employer disappears under AC21 because you changed employers (or your original employer withdrew I-140, even though he had genuine "intent" at the time of I-140 filing to hire you in the future). I agree that "any memo (including Yates memo) supplements the existing federal regulations," but the Yates memo gives you the AC21 provision, which was a law signed by Pres. Bush.

3. It is wrong to *infer* that "AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time." As I say in 2. above, the employer who filed your I-140 should have intent, *at I-140 filing time*, to hire you in the future. And that intent is not needed after 180 days of filing I-485 *and* approved I-140, regardless of whether your original employer continues or withdraws your I-140 petition.

4. You're wrong in your example of "A job with 6 year contract is a temporary job." I've often seen many "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Likewise, a "permanent" job may last a few months (e.g., because of a recession).

5. It is true that "all H-1B jobs are temporary in nature and called guest workers," but H-1B (compared with, say TN-1) is a dual intent visa. Once you file I-140, your intent (whether on H1 or EAD) becomes not that of a temporary visitor but as the one seeking a permanent stay in this country.

6. Again, it's wrong to assume that "most of full time exempt jobs in this country are permanent in nature." And even if they were permanent, in what sense?

7. On the link you cite, OFLC Frequently Asked Questions and Answers, the process for filing PERM is explained. The employer needs to fill out the Application for Permanent Employment Certification form. The PERM representation requirement does indeed say that "The job opportunity is for full-time, permanent employment for an employer other than the alien." First, how to judge a job as "permanent?" Second, just because the PERM has the requirement for a FT, "permanent" job, it doesn't imply that the "permanent" requirement would apply to the AC21 law.

I think we're running into into two issues here. The first one is related to semantics--i.e., what constitutes a "permanent" job? The second one is the *inference/assumption* that, because because I-140 requires you to be on a permanent, FT job (=sponsoring employer has "intent" to hire you in the future), your employment under AC21 provision should be "permanent".

7. Since you're *not* required to inform USCIS on your job changes, why "file AC21" (and stir things), or advise people to do so?

Sankap -

Please allow me to explain this in detail. Please feel free to verify this information with attorney of your choice.

1. W2 Self Employed simply means that one has controlling equity in the employer company. For example - I am employed by corp that is, in part, owned by me since I hold a % of shares. I get paid on W2, just like any other employee in the corp.

2. Any memo (including Yates memo) supplements the existing federal regulations. They do not replace them. In any case, memo does not have force of law. In case of contradictory info, memo must "bow" to federal regulations and court rulings.

3. I-140 is for permanent and full time job only. See Page 5 of
http://www.uscis.gov/files/form/i-140instr.pdf

4. Also, read this. It says 'Permanent Employment'
OFLC Frequently Asked Questions and Answers (http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#effdate1)


5. AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time.

6. Permanent Job does not mean "forever", It simply means that duration of employment is not known. A job with 6 year contract is a temporary job (since duration is known), hence all H-1B jobs are temporary in nature and called guest workers. A permanent can be terminated at any time, at will, or as agreed notice by both parties.

7. One is not required to notify AC-21 job, but should e ready to respond to EVL RFE that can come any time.

8. Most of the full time exempt jobs in this country are permanent in nature.


___________________
Not a legal advice.

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Sachin_Stock

09-24 04:28 PM

I refuse to even comment on that analogy. :rolleyes:

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Devils_Advocate

03-07 02:05 PM

Hey UN, with your experience, are you seeing a pattern of denials, etc happening to non bodyshopper, non consultants as well? as in, is this whole DOL/USCIS crack down across the board or is it mostly restricted to desi consultants/bodyshopers?

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