kshitijnt
07-09 02:02 PM
Dear Friend:
Attached is the AC21 memo. Good luck. In my opinion, it clearly allows Self Employment.
Set up a LLC company or sole proprietorship and work with an attorney. Keep the paperwork tight and upto date. If permanent offer is hard to come by , you got to do what you got to do in a legal way :) All the best!
Attached is the AC21 memo. Good luck. In my opinion, it clearly allows Self Employment.
Set up a LLC company or sole proprietorship and work with an attorney. Keep the paperwork tight and upto date. If permanent offer is hard to come by , you got to do what you got to do in a legal way :) All the best!
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das0
06-23 11:20 AM
Can an employer revoke the I-140 after 180 days of I-485 pending?
unitednations
03-07 04:41 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?
The situation on the ground is this:
L-1 extensions for software related jobs are pretty much now dead. TCS, IBM, etc., are getting denied. USCIS has changed their definition of "specialized knowledge". Now, "specialized knowledge"means no on in USA has that knowledge and cannot obtain that knowledge through training.
Staffing companies; small companies or companies who are h-1b dependent (larger comapnies) are stuck in Vermont Service Center. There are some that aren't having problems but usually it starts with one case stuck in background check; followed by a few approvals; then another one stuck in background check and then all of a sudden all cases are stuck in background check. The scrutiny uscis is giving these types of cases is tremondous and they are denying all of them. Right now; if you monitor the forums you are starting to see the denials. However, vermont service center was sticking cases in background check since fall of 2007. Now; those cases are being worked on and denied. We are just at the beginning of this.
Traditioinal American companies; h-1b and greencard have become toxic and political. Many of them aren't filing greencards for people due to layoffs or too many poeple responding to the advertisements. I haven't seen h-1b issues with them yet. However, if they are not going to do GC then what is the point.
Staffing companies had easiest time filing labors becuse they don't layoff people. However, after Iowa issue now they have started cancelling h-1b's for people on bench, etc. There are so many transfer requests in open market right now; but companies aren't filing because they are getting rid of their own people and it would be foolish to bring on more people in non productive status. However, when they are cancelling h-1b's and sending people back; it is a layoff and that would preclude them from filing greencards.
I do know of one person working at FEDEX as a permanent employee (she has greencard); she told me that FEDEX has taken the detemination that they will not be filing greencards for anyone in the near future. Person can stay until duration of their h-1b but then that will be it.
perm labors used to go through in matter of days. Anything mor then 3 weeks was considered a long time. Now; there is high rate of denials and DOL turning up the scrutiny as to layoffs and general workforce in the place of inteneded employment.
IT IS NOT A FUN TIME FOR ANYONE CONNECTED WITH IMMIGRATION RIGHT NOW.
The situation on the ground is this:
L-1 extensions for software related jobs are pretty much now dead. TCS, IBM, etc., are getting denied. USCIS has changed their definition of "specialized knowledge". Now, "specialized knowledge"means no on in USA has that knowledge and cannot obtain that knowledge through training.
Staffing companies; small companies or companies who are h-1b dependent (larger comapnies) are stuck in Vermont Service Center. There are some that aren't having problems but usually it starts with one case stuck in background check; followed by a few approvals; then another one stuck in background check and then all of a sudden all cases are stuck in background check. The scrutiny uscis is giving these types of cases is tremondous and they are denying all of them. Right now; if you monitor the forums you are starting to see the denials. However, vermont service center was sticking cases in background check since fall of 2007. Now; those cases are being worked on and denied. We are just at the beginning of this.
Traditioinal American companies; h-1b and greencard have become toxic and political. Many of them aren't filing greencards for people due to layoffs or too many poeple responding to the advertisements. I haven't seen h-1b issues with them yet. However, if they are not going to do GC then what is the point.
Staffing companies had easiest time filing labors becuse they don't layoff people. However, after Iowa issue now they have started cancelling h-1b's for people on bench, etc. There are so many transfer requests in open market right now; but companies aren't filing because they are getting rid of their own people and it would be foolish to bring on more people in non productive status. However, when they are cancelling h-1b's and sending people back; it is a layoff and that would preclude them from filing greencards.
I do know of one person working at FEDEX as a permanent employee (she has greencard); she told me that FEDEX has taken the detemination that they will not be filing greencards for anyone in the near future. Person can stay until duration of their h-1b but then that will be it.
perm labors used to go through in matter of days. Anything mor then 3 weeks was considered a long time. Now; there is high rate of denials and DOL turning up the scrutiny as to layoffs and general workforce in the place of inteneded employment.
IT IS NOT A FUN TIME FOR ANYONE CONNECTED WITH IMMIGRATION RIGHT NOW.
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approvemy485
05-23 11:06 AM
Guys,
I changed "job mobility and qualify of life " to "job mobility and quality of life".
You may want to change it in your emails too.
I changed "job mobility and qualify of life " to "job mobility and quality of life".
You may want to change it in your emails too.
more...
abq_gc
09-02 08:10 PM
What are the steps to be taken after receiving GC ?
Maverick1
10-09 12:50 AM
................................ The problem is that donkeys expect to be treated like horses not because they can run fast like horses but because they think they can run as fast as horses.
:D Classic logiclife :):)
:D Classic logiclife :):)
more...
ksach
03-08 05:27 PM
We are actually like the Gandhi's of our modern times. Much before MLK and much much before Gandhi fought for the Indian independence from the British, he fought for the rights of Indian labourers in South Africa. His slogan for that fight (bloodless ofcourse) was "One King, One Law". Maybe ours should be, "One land, One Law" . One should watch the movie "Gandhi", made by Richard Attenborough in 1983. Pretty Impressive. And Pretty Ironic too. It took a Britisher to make a good movie about a person who fought the British.
Guys,
We are like MLK of our modern times. Just observe that it may take a long time to change this. Actual outcome of our efforts may come to fruition in 10-20 years from now. It is the reality folks.
The only problem is that MLK was a US citizen. We are not. We have a very bad mood against us. Like it or not, to our disadvantage we have all sentiment against illegal immigration spilling over us as well. Let me tell you, I no longer discuss, comment or let Americans, not even close people know about my situation. Do you know why? People actually may not tell you, but the vast majority of Americans actually are delighted when we say we and our wives live with such restrictions.
My conclusion is this:
If you are able to fire resumes back to home country or Australia and you can get good opportunities elsewhere, do not waste your time here anymore. Our golden professional years are the ones between 25-40. If you achieve your freedom only after 40 you may find yourself in a bad shape. At 40 I must be well established professionally already.
One more thing:
We have been very lucky so far. God Forbidden, if there is one major terrorist attack in this country, you will see this Congress AND the American people with enough ammo to turn their big guns against us big time. Do you really think people will waste time with us? I am not saying that is going to happen, but I am saying if we spend our lives here and we do not take the opportunities back home, that may be a risky move indeed.
Guys,
We are like MLK of our modern times. Just observe that it may take a long time to change this. Actual outcome of our efforts may come to fruition in 10-20 years from now. It is the reality folks.
The only problem is that MLK was a US citizen. We are not. We have a very bad mood against us. Like it or not, to our disadvantage we have all sentiment against illegal immigration spilling over us as well. Let me tell you, I no longer discuss, comment or let Americans, not even close people know about my situation. Do you know why? People actually may not tell you, but the vast majority of Americans actually are delighted when we say we and our wives live with such restrictions.
My conclusion is this:
If you are able to fire resumes back to home country or Australia and you can get good opportunities elsewhere, do not waste your time here anymore. Our golden professional years are the ones between 25-40. If you achieve your freedom only after 40 you may find yourself in a bad shape. At 40 I must be well established professionally already.
One more thing:
We have been very lucky so far. God Forbidden, if there is one major terrorist attack in this country, you will see this Congress AND the American people with enough ammo to turn their big guns against us big time. Do you really think people will waste time with us? I am not saying that is going to happen, but I am saying if we spend our lives here and we do not take the opportunities back home, that may be a risky move indeed.
2010 Highlights and lowlights?
sareesh
11-18 02:48 PM
Done and also received "thank you for contacting email" from our Senator.
more...
skgc
04-01 01:33 AM
Hi All,
I have a question about invoking AC21 using EAD vs AC21 using H1B.
My status is as follows:
- approved 140 from a BIG company with BIG lawyers, but company going down.
- more than 180 days since filing 485
- H1B valid till March 2010.
- I have been on H1B since 2001
- WILL BE LAID OFF THIS WEEK.
I do not know if my sponsoring employer will revoke my 140, but I believe it should not matter.
My question however is regards to the EAD/H1B usage after revoking AC21.
I may get an offer from a company that is small with limited funding. They are not willing to do my H1B and want me to use EAD. I wanted to keep my H1B valid, but the company will make me pay for it. And given that I will have to apply for extension soon, I will have to pay for it again. So monetarily, its not good for me.
So I thought of using EAD for the new job. But if I want to get back to H1B later, i have the following questions:
1. Can I go back to H1B again after using EAD
2. Will I be subjected to the cap?
3. What should I do to get back to H1B?
4. Can I do it without leaving the country?
5. Will the financial of the new company matter. Its a valid startup and my job will be similar. I will take a pay cut, but I believe it should not matter for AC21.
6. Any other advice, anyone?
I would really appreciate if someone could help me out.
regards,
ssk
ps: i have donated and been active in the forum earlier under a different name. i lost that id, hence created a new one. so please dont reply asking me to donate first.
I have a question about invoking AC21 using EAD vs AC21 using H1B.
My status is as follows:
- approved 140 from a BIG company with BIG lawyers, but company going down.
- more than 180 days since filing 485
- H1B valid till March 2010.
- I have been on H1B since 2001
- WILL BE LAID OFF THIS WEEK.
I do not know if my sponsoring employer will revoke my 140, but I believe it should not matter.
My question however is regards to the EAD/H1B usage after revoking AC21.
I may get an offer from a company that is small with limited funding. They are not willing to do my H1B and want me to use EAD. I wanted to keep my H1B valid, but the company will make me pay for it. And given that I will have to apply for extension soon, I will have to pay for it again. So monetarily, its not good for me.
So I thought of using EAD for the new job. But if I want to get back to H1B later, i have the following questions:
1. Can I go back to H1B again after using EAD
2. Will I be subjected to the cap?
3. What should I do to get back to H1B?
4. Can I do it without leaving the country?
5. Will the financial of the new company matter. Its a valid startup and my job will be similar. I will take a pay cut, but I believe it should not matter for AC21.
6. Any other advice, anyone?
I would really appreciate if someone could help me out.
regards,
ssk
ps: i have donated and been active in the forum earlier under a different name. i lost that id, hence created a new one. so please dont reply asking me to donate first.
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imneedy
08-30 08:36 AM
Ha ha Congrats....
Story of my life. I complain about delay with my application. Someone joins me and tells me they are in the same boat and the very next day that someone leaves the boat and jumps into "greener" pastures. Everyone is leaving the boat and I seem to be left out :(
Who else are in my boat? (Application with an officer for over 2 weeks and still status = "Initial Review")
me too in same boat. :) In my case USCIS have wrong priority date on my case. On their records it somehow shows Jan 2006, while it should be Jul 2003. I have tried to get it resolved but they haven't done anything about it [had tried Ombudsman (7001), Senator, congressman, SR etc]. Funny thing is even the incorrect priority date is current now. And still waiting for GC for over a month :mad:
Story of my life. I complain about delay with my application. Someone joins me and tells me they are in the same boat and the very next day that someone leaves the boat and jumps into "greener" pastures. Everyone is leaving the boat and I seem to be left out :(
Who else are in my boat? (Application with an officer for over 2 weeks and still status = "Initial Review")
me too in same boat. :) In my case USCIS have wrong priority date on my case. On their records it somehow shows Jan 2006, while it should be Jul 2003. I have tried to get it resolved but they haven't done anything about it [had tried Ombudsman (7001), Senator, congressman, SR etc]. Funny thing is even the incorrect priority date is current now. And still waiting for GC for over a month :mad:
more...
hiUS
09-09 10:16 AM
I actually spoke to Customer service and I got 2 very different responses.
1. Wait till you are an old man and then the cards may just come !! (Just Kidding ) she actually said wait for 90 days.
2. Another CSR told me that the TSC is having technical issues and they are not able to access the Biometric information on approved 485's in their systems. She advised me to download Form I-90 from the USCIS site and fill that in and send it in - if you have a minor on the petition then also send 2 passport size pictures of the minor - this will allow them to access the Biometric screen when they process the I-90. We will get Biometric notices and the Minor will get the card - the Grown ups will get the Cards after the Biometrics are uploaded.
I have not done this - eventhough I downloaded the I-90 forms - I took a INFOPASS appt and if they suggest that I should do a I-90 then I can get that done right on the spot - I am carrying the filled I-90 with me. Anyhow I-90 is usually submitted to correct errors on the card or to replace a card - however this woman sounded quite knowledgeable - but then there are issues realted to where the I-90 should be sent - this is specially complicated if your case has been transferred a few times like mine was.
Best is to check with the guys/gals at Infopass -meeting.
All this was from the rep at the TSC - so not sure if this is applicable to all centers.
AGAIN THIS IS WHAT I HEARD FROM THE TSC REP - PLEASE USE THIS INFORMATION AT YOUR OWN RISK - I AM NOT SENDING THE I-90 ON MY OWN.
I will post my Infoapss exp on the 9th of september.
Hi wait4ever,
Please post your Infopass experience when you are done with it today.
1. Wait till you are an old man and then the cards may just come !! (Just Kidding ) she actually said wait for 90 days.
2. Another CSR told me that the TSC is having technical issues and they are not able to access the Biometric information on approved 485's in their systems. She advised me to download Form I-90 from the USCIS site and fill that in and send it in - if you have a minor on the petition then also send 2 passport size pictures of the minor - this will allow them to access the Biometric screen when they process the I-90. We will get Biometric notices and the Minor will get the card - the Grown ups will get the Cards after the Biometrics are uploaded.
I have not done this - eventhough I downloaded the I-90 forms - I took a INFOPASS appt and if they suggest that I should do a I-90 then I can get that done right on the spot - I am carrying the filled I-90 with me. Anyhow I-90 is usually submitted to correct errors on the card or to replace a card - however this woman sounded quite knowledgeable - but then there are issues realted to where the I-90 should be sent - this is specially complicated if your case has been transferred a few times like mine was.
Best is to check with the guys/gals at Infopass -meeting.
All this was from the rep at the TSC - so not sure if this is applicable to all centers.
AGAIN THIS IS WHAT I HEARD FROM THE TSC REP - PLEASE USE THIS INFORMATION AT YOUR OWN RISK - I AM NOT SENDING THE I-90 ON MY OWN.
I will post my Infoapss exp on the 9th of september.
Hi wait4ever,
Please post your Infopass experience when you are done with it today.
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desi3933
07-09 11:19 AM
it says nothing about who can file an application.
it only says the "status may be adjusted" IF.....
I-485 application is nothing but application to "adjust the status". Section 245 govern the area of I-485 filing and approval (or denial).
Also, read (3) again in previous post
an immigrant visa is immediately available to him at the time his application is filed.
Do you know that "his application" means here. Right, it is I-485 application.
______________________
Not a legal advice.
it only says the "status may be adjusted" IF.....
I-485 application is nothing but application to "adjust the status". Section 245 govern the area of I-485 filing and approval (or denial).
Also, read (3) again in previous post
an immigrant visa is immediately available to him at the time his application is filed.
Do you know that "his application" means here. Right, it is I-485 application.
______________________
Not a legal advice.
more...
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sertasheep
05-05 06:35 AM
Most of us can relate to the discomfiture and concerns that our members have. Hang in there, I often listen to either Natasha Bedingfield's "Unwritten" to find inspiration (or Shahrukh's Kal Ho Na Ho title song). Find inspiration in something, direct your energies towards something positive, and your quality of life will get enhanced even amidst duress. Write about your experiences, share your grief, and make your voice heard via the various media efforts at IV.
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obviously
04-21 06:26 AM
kg318... from your initial post you indicated that you "demanded" money back and noted that Company A's practice was "against the law". Now, they are using the same law against you. Not saying it is fair or pretty. Just remember, what you sow, you shall reap.
It is generally poor practice to go for gung-ho activism in a situation where you are unclear about the law (e.g., non compete) and unable to get good counsel (e.g. immigration and business law attorneys).
Just keep this in mind. Long term, your peace of mind is worth more than $4K ... just think if there are other ways in which you could have handled this.... in case such event pop up again.
If I were you, I would have a civil conversation with that company. Tell them that economics took over empathy, that you wish to be in a position where you have less financial loss and would appreciate an amicable parting of ways.
It's a small world out there. Dont pi*s on anyone, lest it come back to wet your backside!
Sabre rattling might get you out of this one, but the world still remains a small place!
It is generally poor practice to go for gung-ho activism in a situation where you are unclear about the law (e.g., non compete) and unable to get good counsel (e.g. immigration and business law attorneys).
Just keep this in mind. Long term, your peace of mind is worth more than $4K ... just think if there are other ways in which you could have handled this.... in case such event pop up again.
If I were you, I would have a civil conversation with that company. Tell them that economics took over empathy, that you wish to be in a position where you have less financial loss and would appreciate an amicable parting of ways.
It's a small world out there. Dont pi*s on anyone, lest it come back to wet your backside!
Sabre rattling might get you out of this one, but the world still remains a small place!
more...
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hindu_king
05-08 05:36 PM
Below is what I sent. Maybe we can tweak this letter and send it to all senators and congressmen.
Subject: Discrimination of Indian Immigrants
Dear President Obama,
I wanted to bring to your attention the plight of hundreds of thousands of highly skilled Indian immigrants waiting endlessly for many years in order to obtain a permanent residency in the US. The process of getting a permanent residency is a long, winding, time consuming, financially and emotionally draining experience, with no end at sight. After 5 to 10 years of waiting in line, paying taxes, obeying law, many high skilled workers from India find that permanent residency is only a dangling carrot that they may never get it.
One of the biggest hurdles for high skilled immigrants from India is a country cap that limits applicants from any one country from having more than 7% of the available employment based green cards (140,000 visa numbers per year). This means applicants from countries like Andorra and Luxembourg get the same number of green cards as applicants from India and China. This causes a person from India and China to wait 5 to 10 years in order to get permanent residency while applicants from all other countries have zero wait time. We are here in USA because we wanted to be a part of USA, and not because we came from a certain country. All applicants should be treated equally and country cap only allows discrimination by national origin in the disguise of fairness to all, as US has a lot more high skilled workers from India or China than from Andorra or Luxembourg.
President Obama, we are here to pursue the American Dream and we find hurdles at every level during the immigration process. I request you to kindly remove the discriminatory country cap and provide us relief. This is a small step that can enormously help hundred of thousands of high skilled immigrants and we will be grateful to you for our lifetime.
Thank you President Obama and you are doing a wonderful job!
Sincerely,
Xxxxx xxxxx
Subject: Discrimination of Indian Immigrants
Dear President Obama,
I wanted to bring to your attention the plight of hundreds of thousands of highly skilled Indian immigrants waiting endlessly for many years in order to obtain a permanent residency in the US. The process of getting a permanent residency is a long, winding, time consuming, financially and emotionally draining experience, with no end at sight. After 5 to 10 years of waiting in line, paying taxes, obeying law, many high skilled workers from India find that permanent residency is only a dangling carrot that they may never get it.
One of the biggest hurdles for high skilled immigrants from India is a country cap that limits applicants from any one country from having more than 7% of the available employment based green cards (140,000 visa numbers per year). This means applicants from countries like Andorra and Luxembourg get the same number of green cards as applicants from India and China. This causes a person from India and China to wait 5 to 10 years in order to get permanent residency while applicants from all other countries have zero wait time. We are here in USA because we wanted to be a part of USA, and not because we came from a certain country. All applicants should be treated equally and country cap only allows discrimination by national origin in the disguise of fairness to all, as US has a lot more high skilled workers from India or China than from Andorra or Luxembourg.
President Obama, we are here to pursue the American Dream and we find hurdles at every level during the immigration process. I request you to kindly remove the discriminatory country cap and provide us relief. This is a small step that can enormously help hundred of thousands of high skilled immigrants and we will be grateful to you for our lifetime.
Thank you President Obama and you are doing a wonderful job!
Sincerely,
Xxxxx xxxxx
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zoooom
07-19 07:39 PM
Done
Also..How can we let other members know that a thread like this exists...
Also..How can we let other members know that a thread like this exists...
more...
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petepatel
07-30 07:25 AM
Priority Date is Nov 2004
Havent had any LUDS since July 3, I hope your thinking is the way it goes :rolleyes:
Havent had any LUDS since July 3, I hope your thinking is the way it goes :rolleyes:
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spulapa
02-02 10:22 AM
I just visited last month. I stayed there for 6 weeks...
Agree that economy is booking but....
(1) too much pollution.
(2) No infrastructure to handle cars and two wheeleers.
(3) too much mosquito even in winter/summer. I do not know what will happen in rainy days.
(4) prices for every item have gone up by 3X..Most of the item I am not able to justify the rise. The quality of the product has not gone up.
(5) easy to set up business..get house...get car but tough to drive peacefully...need to pray god every morning so that we come back home with 2 hands and 2 legs and unbroken body parts.
(6) Club culture is booming too...so if you have daughter who is teen then need to check by that angle too.
Just my two cents....
Dude...
I was all along with you till the 6th point, the statement you made clearly implies that it is ok if a Boy goes and screws others daughters but you need to keep a check on the girl ??? Is this liberty and freedom to you ?
Agree that economy is booking but....
(1) too much pollution.
(2) No infrastructure to handle cars and two wheeleers.
(3) too much mosquito even in winter/summer. I do not know what will happen in rainy days.
(4) prices for every item have gone up by 3X..Most of the item I am not able to justify the rise. The quality of the product has not gone up.
(5) easy to set up business..get house...get car but tough to drive peacefully...need to pray god every morning so that we come back home with 2 hands and 2 legs and unbroken body parts.
(6) Club culture is booming too...so if you have daughter who is teen then need to check by that angle too.
Just my two cents....
Dude...
I was all along with you till the 6th point, the statement you made clearly implies that it is ok if a Boy goes and screws others daughters but you need to keep a check on the girl ??? Is this liberty and freedom to you ?
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vikramy
05-23 01:48 PM
Sent Emails to all including 2 AZ senators
guchi472000
04-24 10:24 AM
Pls check the link below.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=2cac37668c779110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=2cac37668c779110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
number30
05-01 02:36 PM
FB2A which is not very far behind.
But add the Dependents to that. Now at least you wife is coming with you. Just think if there was no H4 visa.
But add the Dependents to that. Now at least you wife is coming with you. Just think if there was no H4 visa.
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