WeShallOvercome
06-18 07:09 PM
contributed $50 via paypal
wallpaper rey mysterio wallpaper.
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.
chanduv23
02-24 01:17 PM
Dont assume that people who gone back to India and working a manager are living happily without any issues.
One of my friends whome I used to work in 2005 was promoted to manager in 2007. Now he is in a dilemma whether to continue to go up the ladder or come back doing technical stuff. Salary wise he is not getting that much and he doesnt know how the company will do infuture. It all depends on US economy. If you are looking for 18L above salary, then it is very very tough to get a job in india.
That is right. Every place has its problems. And when you are an employee - u r ONLY an employee no matter what. To come up in life or to grow, the onus is on you. It is you who choose what you want to be. If you want to return to your home country, the choice is yours and you must do it wholeheartedly, use your US experience and do something there. The world is full of options and you can chose what you want and percieve.
Navigating the system in India is not as easy as people think - u will have to tackle crocodiles and sharks for your so called dream job.
One of my friends whome I used to work in 2005 was promoted to manager in 2007. Now he is in a dilemma whether to continue to go up the ladder or come back doing technical stuff. Salary wise he is not getting that much and he doesnt know how the company will do infuture. It all depends on US economy. If you are looking for 18L above salary, then it is very very tough to get a job in india.
That is right. Every place has its problems. And when you are an employee - u r ONLY an employee no matter what. To come up in life or to grow, the onus is on you. It is you who choose what you want to be. If you want to return to your home country, the choice is yours and you must do it wholeheartedly, use your US experience and do something there. The world is full of options and you can chose what you want and percieve.
Navigating the system in India is not as easy as people think - u will have to tackle crocodiles and sharks for your so called dream job.
2011 Rey Mysterio
new2gc
08-23 08:26 AM
This line is not good:
(ii) Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;
First they were after H1b...Now I-140 then they will come after EAD and even GC....sooner or later....no matter how loud we cry for justice....
(ii) Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;
First they were after H1b...Now I-140 then they will come after EAD and even GC....sooner or later....no matter how loud we cry for justice....
more...
sanju
03-12 11:30 AM
Pappu,
I have a suggestion! I don't think forcing monthly $25 contribution to keep donor status alive is a very good idea, especially in current economy. Take an example of myself. It is decided that I am going to loose job on 17th March, may not be able to contribute every month.
Rethink!
Pappu,
Donor forum concept is the only workable model. I request you to not stop this model.
ItIsNotFunny has done very good work to help us all. I would like to double my monthly contribution and contribute on behalf of ItIsNotFunny if that is ok with ItIsNotFunny and you, till the time ItIsNotFunny starts at a new job or till I have a job, whichever is sooner.
Cheers
I have a suggestion! I don't think forcing monthly $25 contribution to keep donor status alive is a very good idea, especially in current economy. Take an example of myself. It is decided that I am going to loose job on 17th March, may not be able to contribute every month.
Rethink!
Pappu,
Donor forum concept is the only workable model. I request you to not stop this model.
ItIsNotFunny has done very good work to help us all. I would like to double my monthly contribution and contribute on behalf of ItIsNotFunny if that is ok with ItIsNotFunny and you, till the time ItIsNotFunny starts at a new job or till I have a job, whichever is sooner.
Cheers
rajesh_kamisetty
07-14 07:42 PM
Just galon of gas...
more...
cnag
01-07 04:07 PM
I closed on dec 27. Underwriter asked me about green card. I just sent EAD copy front and back as well as AP and explained to him that EAD is like learners driving permit that is issued when your GC is under process. :D
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h1techSlave
04-12 12:05 PM
I think the advantage of LLC against Sole Prop is about liability.
If some one sues your business, LLC offers you protection, but Sole prop. may not.
If you are on EAD, you can start the business in your wife's name. Now the risk is that she will run away and take the business with her; can't say that would really be a bad thing.
S-corp is much more complex compared to LLC.
If some one sues your business, LLC offers you protection, but Sole prop. may not.
If you are on EAD, you can start the business in your wife's name. Now the risk is that she will run away and take the business with her; can't say that would really be a bad thing.
S-corp is much more complex compared to LLC.
more...
santb1975
06-22 03:13 PM
We are closer to 20K now more than we were before
hair under: REY MYSTERIO WALLPAPERS
Jimi_Hendrix
08-09 01:37 PM
Why you need to support legal immigration reforms?
I am a legal immigrant to United States and my permanent residency application is pending because of the backlogs in the current immigration system. There is a combination of factors leading to the current backlog in the legal immigration system. Periodic legalization of illegal aliens, lack of sufficient resources to process applications, procedural inefficiencies and poor understanding of legal immigration problems by congressional representatives are some of the contributory factors.
Current immigration reform is primarily focused on illegal immigration reform. Typically, legal immigration is folded into a bill/Act which primarily supports illegal immigration. It is crucial that the contributions of legal immigrants be appreciated. Highly skilled, legal immigration adds to scarce skills and training in the American workforce. They improve productivity and quality of work to keep America competitive. These immigrants also pay taxes at higher rates. Further they are not entitled to most of their social security benefits unless they have worked for a certain number of years in USA. Legal immigrants act as role models by respecting the law and playing the role of responsible citizens. They act as safe anchors to curb outsourcing by providing foreign talent locally. An average legal immigrant integrates easily into the American social cauldron, is law abiding and is favorable towards charity and social participation.
Now that you have a decent appreciation of legal immigrant contributions, let us take a look at the problems faced by them. It takes anywhere between 6-8 years on an average to process permanent residency applications of legal immigrants. During majority of this 6-8 year period,
1) Legal immigrants cannot change employers and/or job title
2) Spouses of legal immigrants cannot work unless they have separate work authorization
3) All major financial and career decisions are on a hold
4) Children of legal immigrants are unable to earn certain education benefits available to permanent residents/citizens
5) Immigrants are reluctant to visit their home countries because of increased scrutiny at the border due to the lack of permanent residency/citizenship privileges. There is no assurance that the immigrant will be able to re-enter USA
6) Work and Travel Permits need to be renewed every year i.e. new fees are charged by USCIS each year for renewal. This step not only involves financial cost but also induces fresh anxiety about whether the permits will be approved without problems and on time.
Due to lack of sufficient visa availability, legal immigrant applications are backed up solid. An important factor responsible for current backlogs is inefficient processing of applications. USCIS, FBI and Department of Labor are trying their best to cope with the huge immigration backlog work. However, some processes move faster while others take unreasonably long time. Efficiency in one process is compensated by complete lack of efficiency in some other processes. The cumulative effect of these factors is tremendous frustration among legal immigrants. Many of these immigrants are actively looking for work in other countries where immigration laws are favorable to legal immigration and advanced skills are in demand. Compared to USA, time taken for obtaining permanent residency in some countries is approximately 75-80 percent shorter.
Lately, an awareness campaign has been launched by Immigration Voice (a 5,500 member group representing highly skilled, legal immigrants). Immigration Voice represents more than 500,000 bright and innovative minds in the country. As a result of Immigration Voice’s campaign and the ongoing immigration debate, some politicians have a better understanding and appreciation of legal immigration issues. Accordingly, the SKIL bill was introduced by Senator Cornyn and Kyl in the Senate and recently this bill was also introduced in the House of Representatives. The SKIL bill supports reform in the legal immigration system. Due to the current deadlock in the senate and house over Comprehensive Immigration Reform, relief for legal immigrants is nowhere in sight. Will the average American citizen stand up and support this law abiding means of immigration? Or will the average legal immigrant fall victim to the vicious campaign of anti-immigrant extremism? The American public must take a stand and defend the American dream.
Best Regards,
JH
I am a legal immigrant to United States and my permanent residency application is pending because of the backlogs in the current immigration system. There is a combination of factors leading to the current backlog in the legal immigration system. Periodic legalization of illegal aliens, lack of sufficient resources to process applications, procedural inefficiencies and poor understanding of legal immigration problems by congressional representatives are some of the contributory factors.
Current immigration reform is primarily focused on illegal immigration reform. Typically, legal immigration is folded into a bill/Act which primarily supports illegal immigration. It is crucial that the contributions of legal immigrants be appreciated. Highly skilled, legal immigration adds to scarce skills and training in the American workforce. They improve productivity and quality of work to keep America competitive. These immigrants also pay taxes at higher rates. Further they are not entitled to most of their social security benefits unless they have worked for a certain number of years in USA. Legal immigrants act as role models by respecting the law and playing the role of responsible citizens. They act as safe anchors to curb outsourcing by providing foreign talent locally. An average legal immigrant integrates easily into the American social cauldron, is law abiding and is favorable towards charity and social participation.
Now that you have a decent appreciation of legal immigrant contributions, let us take a look at the problems faced by them. It takes anywhere between 6-8 years on an average to process permanent residency applications of legal immigrants. During majority of this 6-8 year period,
1) Legal immigrants cannot change employers and/or job title
2) Spouses of legal immigrants cannot work unless they have separate work authorization
3) All major financial and career decisions are on a hold
4) Children of legal immigrants are unable to earn certain education benefits available to permanent residents/citizens
5) Immigrants are reluctant to visit their home countries because of increased scrutiny at the border due to the lack of permanent residency/citizenship privileges. There is no assurance that the immigrant will be able to re-enter USA
6) Work and Travel Permits need to be renewed every year i.e. new fees are charged by USCIS each year for renewal. This step not only involves financial cost but also induces fresh anxiety about whether the permits will be approved without problems and on time.
Due to lack of sufficient visa availability, legal immigrant applications are backed up solid. An important factor responsible for current backlogs is inefficient processing of applications. USCIS, FBI and Department of Labor are trying their best to cope with the huge immigration backlog work. However, some processes move faster while others take unreasonably long time. Efficiency in one process is compensated by complete lack of efficiency in some other processes. The cumulative effect of these factors is tremendous frustration among legal immigrants. Many of these immigrants are actively looking for work in other countries where immigration laws are favorable to legal immigration and advanced skills are in demand. Compared to USA, time taken for obtaining permanent residency in some countries is approximately 75-80 percent shorter.
Lately, an awareness campaign has been launched by Immigration Voice (a 5,500 member group representing highly skilled, legal immigrants). Immigration Voice represents more than 500,000 bright and innovative minds in the country. As a result of Immigration Voice’s campaign and the ongoing immigration debate, some politicians have a better understanding and appreciation of legal immigration issues. Accordingly, the SKIL bill was introduced by Senator Cornyn and Kyl in the Senate and recently this bill was also introduced in the House of Representatives. The SKIL bill supports reform in the legal immigration system. Due to the current deadlock in the senate and house over Comprehensive Immigration Reform, relief for legal immigrants is nowhere in sight. Will the average American citizen stand up and support this law abiding means of immigration? Or will the average legal immigrant fall victim to the vicious campaign of anti-immigrant extremism? The American public must take a stand and defend the American dream.
Best Regards,
JH
more...
h_shaik
09-28 06:45 PM
If the information is correct and authentic can IV make a complient to Zoe Lofgren who played significant role in July 2007 Visal bulletin fiasco. I hope she might respond in the similar way.
Oh Law Firm Update :
09/28/2007: Depressing News for the Year-End Backend 485 Delays and Potential Waste of Visa Numbers for FY 2007
Unconfirmed sources indicate that two days before the end of FY 2007, there may be a substantial number of 485 applications for which visa numbers are available but have yet to be adjudicated, indicating that some visa numbers could be wasted this year. We know that the Service Centers have been working day and night and did not have enough resources to deal with the crisis which was brought about by the recent Visa Bulletin fiasco. We just hope for the better new fiscal year that will start from October 1, 2007.
Oh Law Firm Update :
09/28/2007: Depressing News for the Year-End Backend 485 Delays and Potential Waste of Visa Numbers for FY 2007
Unconfirmed sources indicate that two days before the end of FY 2007, there may be a substantial number of 485 applications for which visa numbers are available but have yet to be adjudicated, indicating that some visa numbers could be wasted this year. We know that the Service Centers have been working day and night and did not have enough resources to deal with the crisis which was brought about by the recent Visa Bulletin fiasco. We just hope for the better new fiscal year that will start from October 1, 2007.
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andy garcia
01-03 03:41 PM
I am confused and think about this daily. I am here in US for the past 8+ years and I am 33 now.
I really envy all of you guys who can return to your country. I have been here 8+ years and I am 53. My country does not even give me a passport and in top of that I am stuck in the namecheck black hole.
andy
I really envy all of you guys who can return to your country. I have been here 8+ years and I am 53. My country does not even give me a passport and in top of that I am stuck in the namecheck black hole.
andy
more...
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everonh1
07-22 12:25 PM
Isnt there a concept of an interim EAD.
I heard if you dont get EAD within 90 days,you can go to your local USCIS office and get an interim EAD?
I heard if you dont get EAD within 90 days,you can go to your local USCIS office and get an interim EAD?
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tcsonly
07-11 05:35 PM
Why not start a new thread for a rally in LA ?
more...
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ind_game
05-13 11:15 PM
was ur first MTR denied in error?
as per you, your I-140 was never denied.
Here is the exact wording from NSC. I have deleted all the irrelevant matter
For I-485 Denial:
You are applying on the basis of I-140, Petition for Immigration for Immigration Worker, filed on your behalf. However, record contains no evidence that a visa petition has been approved on your behalf. Since the record does not contain evidence that a visa petition has been approved in your behalf, your application is hereby denied.
For first MTR Denial:
However, it is noted that the Application to Adjust Status was filed on July 2, 2007 and Immigration Petition for Alien Worker was denied on September 4, 2007. Your application was only pending 2 months before the decision was made on the Immigration Petition for Alien Worker. You cannot port once the immigrant petition has been denied. Therefore, your motion is dismissed.
as per you, your I-140 was never denied.
Here is the exact wording from NSC. I have deleted all the irrelevant matter
For I-485 Denial:
You are applying on the basis of I-140, Petition for Immigration for Immigration Worker, filed on your behalf. However, record contains no evidence that a visa petition has been approved on your behalf. Since the record does not contain evidence that a visa petition has been approved in your behalf, your application is hereby denied.
For first MTR Denial:
However, it is noted that the Application to Adjust Status was filed on July 2, 2007 and Immigration Petition for Alien Worker was denied on September 4, 2007. Your application was only pending 2 months before the decision was made on the Immigration Petition for Alien Worker. You cannot port once the immigrant petition has been denied. Therefore, your motion is dismissed.
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unseenguy
02-13 10:54 PM
even after 60-70 years of my married life, I would able to take care of my parents. I dont need any one's permission for that.
If you or your parents live that long. So lets have 6-7 years as a check point @ 10% of the project ;)
If you or your parents live that long. So lets have 6-7 years as a check point @ 10% of the project ;)
more...
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kalinga_sena
09-01 11:10 AM
Landed here on jan 1st, 1998 (F1)
Survived 2 recessions
No hope as labour filled in eb3
Survived 2 recessions
No hope as labour filled in eb3
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ras
10-17 04:20 PM
Thank you for your recent inquiry.
Under the authority of the Homeland Security Act of 2002, the CIS Ombudsman assists individuals and employers who experience specific problems during the USCIS benefits seeking process, largely to identify problems and to formulate recommendations to improve the USCIS service. Please see our website for more information about the CIS Ombudsman (www.dhs.gov/cisombudsman/).
Our office believes that first hand information from individuals like you is the best source for identifying systemic problems in the immigration benefits process. Accordingly, our office will consider the information you provided regarding AC21 as we develop recommendations to improve USCIS� practices and procedures.
Thank you for taking the time to contact our office, and for giving us the opportunity to serve you.
Sincerely,
CIS Ombudsman
Under the authority of the Homeland Security Act of 2002, the CIS Ombudsman assists individuals and employers who experience specific problems during the USCIS benefits seeking process, largely to identify problems and to formulate recommendations to improve the USCIS service. Please see our website for more information about the CIS Ombudsman (www.dhs.gov/cisombudsman/).
Our office believes that first hand information from individuals like you is the best source for identifying systemic problems in the immigration benefits process. Accordingly, our office will consider the information you provided regarding AC21 as we develop recommendations to improve USCIS� practices and procedures.
Thank you for taking the time to contact our office, and for giving us the opportunity to serve you.
Sincerely,
CIS Ombudsman
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nixstor
04-30 02:45 PM
King says
tens of thousands applicants who will eventually get their GC applications get denied are getting free ride on EAD/AP.
rebukes USCIS and DOS for July 07 Visa Gate
Now talking about illegals. Finally shuts up and gives back to Lofgren
Lofgren introducing USCIS and DOS officials.
tens of thousands applicants who will eventually get their GC applications get denied are getting free ride on EAD/AP.
rebukes USCIS and DOS for July 07 Visa Gate
Now talking about illegals. Finally shuts up and gives back to Lofgren
Lofgren introducing USCIS and DOS officials.
makemygc
07-06 01:09 PM
Thats what he is saying.. he is an expensive lawyer...
and about crap---who the hell are you to decide... if you dont like then just ignore the post...
I'm sure he is an expensive lawyer....care to expose his name?
What happened to his prediction on 12:15AM stuff in your last post. Can you please ask him?
and about crap---who the hell are you to decide... if you dont like then just ignore the post...
I'm sure he is an expensive lawyer....care to expose his name?
What happened to his prediction on 12:15AM stuff in your last post. Can you please ask him?
Libra
09-11 11:30 AM
OMG, thank you so much coopheal. :cool:
IV rocks�.. Just made contribution of 500$
Cannot come to rally because of personal reasons. Feeling terrible about that�.
Order Details - Sep 11, 2007 10:46 AM CDT
Google Order #636002683618849
IV rocks�.. Just made contribution of 500$
Cannot come to rally because of personal reasons. Feeling terrible about that�.
Order Details - Sep 11, 2007 10:46 AM CDT
Google Order #636002683618849
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