chanduv23
03-31 07:54 AM
Received one today.
Weirdest thing:
Person's 140 was revoked by employer;
person received notice of intent to deny. NOID clearly stated that 140 was revoked by employer then quoted ac21 law and said beneficiary may be eligible and to give job offer letter.
person responded with letter from new ac21 employer with perfectly matching job duties/descriptions.
uscis sent denial. Denial only stated that 140 was revoked and 140 immigrant petition is needed to get greencard.
Don't know if this is a new procedure that they are following the main law where a valied 140 is needed the whole time.
So do you think they are going after AC21 folks as a scapegoat? I spoke to few people on this including lawyers and they say that "denials on 485" when 140 gets revoked is a common thing and usually the officer who issues the denial letter does not check and verify to see other details. Thats why they have to go through the MTR process.
Weirdest thing:
Person's 140 was revoked by employer;
person received notice of intent to deny. NOID clearly stated that 140 was revoked by employer then quoted ac21 law and said beneficiary may be eligible and to give job offer letter.
person responded with letter from new ac21 employer with perfectly matching job duties/descriptions.
uscis sent denial. Denial only stated that 140 was revoked and 140 immigrant petition is needed to get greencard.
Don't know if this is a new procedure that they are following the main law where a valied 140 is needed the whole time.
So do you think they are going after AC21 folks as a scapegoat? I spoke to few people on this including lawyers and they say that "denials on 485" when 140 gets revoked is a common thing and usually the officer who issues the denial letter does not check and verify to see other details. Thats why they have to go through the MTR process.
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pa_arora
10-01 03:20 PM
One of my friends(who was in my company earlier) got his old H1 case reopened. He is not that worried as he already has left the employer and joined someone else.
This is little strange as USCIS is digging the dead.
I am keeping a close eye on my case which got approved in 03/2005 and has LUD of 08/2006. Seems like they opened the case earlier but I didnt notice it.
-p
This is little strange as USCIS is digging the dead.
I am keeping a close eye on my case which got approved in 03/2005 and has LUD of 08/2006. Seems like they opened the case earlier but I didnt notice it.
-p
babu123
08-25 01:21 PM
ICICI Bank are suckers. They charged me Rs. 900 with fault on their side.
They raised the minimum balance from Rs 10K to Rs 15,000 from April 1, 2008 onwards. They didnt notified me in email and letter. But they charged 900 to me , stating I didnt maintained the required balance.
I fought with them that I will take ICICI to court of law and sue atleast 10,000 US dollars if they dont credit the money. The next day, they credited Rs.900 .
I decided not to make any more transactions with this CRAP bank. They will very less dollar conversion rate.
They raised the minimum balance from Rs 10K to Rs 15,000 from April 1, 2008 onwards. They didnt notified me in email and letter. But they charged 900 to me , stating I didnt maintained the required balance.
I fought with them that I will take ICICI to court of law and sue atleast 10,000 US dollars if they dont credit the money. The next day, they credited Rs.900 .
I decided not to make any more transactions with this CRAP bank. They will very less dollar conversion rate.
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ashishgour
09-17 02:31 PM
Finally voting on this amendment now..I hope no other amendments...PlZZZZZZZZZZZZZZZZZ
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jjava100
04-18 05:05 PM
Is the porting with the same employer or a different employer?
Thanks!
Thanks!
ArunAntonio
03-08 07:18 PM
If we do not get this problem resovled who will ? All the members in this forum please start taking active part in determining your future your families future and your kids futures.. please do not be short sighted or procrastinate. Take Action NOW, we can do this, please encourage one more person to join in and contribute, talk to other people who are not aware of our plight and educate them, contact your local lawmakers, be active on the forums, support the core members and each others, come on now guys.. may be all of us cant do every thing but try some things at some of the times and some other things some other times :) -- does that make sense .. I wish I was very rich I would have made a HUGE donation to IV to fight for their cause... I really respect the core members for their tenacity, dedication and inner strength to carry on this effort.. admist so much uncertainity and so many obstacles .. and the best part is .. most of the people who will benifit from it dont want to do much about it ..... ok .. I am exhausted now.... Logic Life .. how do you do it .. keep churning out .. one passionate and well thought out post after another .. I like your posts... they motivate me .. keep up the good work .. IV has a lot of die hard supporters.... -- in the words of Dubya 'Lets Stay The Course' :)
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vbkris77
03-10 05:00 PM
Sorry, I realized it late.. Thanks for sharing.. If CIS is telling right info to senator, I think EB2 India should be current next year
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akred
05-24 01:12 PM
Let's see -
1. USCIS doesn't have the resources to enforce the law.
2. Keeping legal status is very hard to impossible.
3. Being illegal pays off with amnesty
So the conclusion is clear - go stand in line for a Z1. The documentation required is flimsy (some affidavits).
1. USCIS doesn't have the resources to enforce the law.
2. Keeping legal status is very hard to impossible.
3. Being illegal pays off with amnesty
So the conclusion is clear - go stand in line for a Z1. The documentation required is flimsy (some affidavits).
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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
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nb_des
09-14 01:09 PM
It is very difficult to get a bill passed in House for increasing visa numbers. Be it legal or illegal there is no way House will pass anything that increases visa numbers this election year. I am doubtful even for next year.
For this year or for now we should just get something like "ability to file 485 even when visa numbers are unavailable". This is something which will provide some relief to all of us and has good chance of going through. Subsequently we can keep trying to get the SKIL bill passed next year.
For this year or for now we should just get something like "ability to file 485 even when visa numbers are unavailable". This is something which will provide some relief to all of us and has good chance of going through. Subsequently we can keep trying to get the SKIL bill passed next year.
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gk_2000
04-18 07:40 PM
I have neither become apprehensive nor have got any ill feeling ... just showing where the problem is .
Yes, sorry.. no foul
Yes, sorry.. no foul
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stucklabor
04-08 11:17 AM
Xu1, that is a valid concern. I have sent in this request to admin. But on important issues like this, please do PM admin and other Moderators in addition to public posts. The core group is so drained by all the during the week activities that posts may not be actively monitored during weekends. I think the problem is also logistical, in that we are now getting a lot of checks - which is great, but also now, the core team members handling finances must now take time out to start sending email receipts. So wait for admin and the financial people to get back to you.
Moderators, do you think it's possible to issue an email receipt to contributors? I donated $250 so far and the first $100 was done through my bank billpay.. However, the online billpay deducted the amount right away, and it didn't give me any indication whether the check was actually endorsed by the intended recipient on the supposed delivery date.. Worrying about that, I sent in my second contribution via paypal.
Writing an actual paper check, I would see a copy of endorsement online, or using paypal I would know it's cashed out via email. But this is not the case with my bank's (bank of america) online billpay. Thanks!
Moderators, do you think it's possible to issue an email receipt to contributors? I donated $250 so far and the first $100 was done through my bank billpay.. However, the online billpay deducted the amount right away, and it didn't give me any indication whether the check was actually endorsed by the intended recipient on the supposed delivery date.. Worrying about that, I sent in my second contribution via paypal.
Writing an actual paper check, I would see a copy of endorsement online, or using paypal I would know it's cashed out via email. But this is not the case with my bank's (bank of america) online billpay. Thanks!
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abqguy
01-31 11:37 AM
Hopefully, this question will be picked for the debate.
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gunsnkars
11-02 12:15 PM
Couldn't agree more. The problem lies here in the US..Just pure politics...The cost of education is just too high for an american to get a degree whereas a foreign born is able to get it for cheap. Politicians know it and they want to keep it that way. America will just do fine with or without you.
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B3NKobe
06-05 04:21 AM
http://www.roundedvision.com/ipodmod.jpg
Probably should have spent a lil more time on it but oh well.
oh yeah man, absolutly awsom, you win already!! NBA love it!! Looks great mate!! :D:D
Probably should have spent a lil more time on it but oh well.
oh yeah man, absolutly awsom, you win already!! NBA love it!! Looks great mate!! :D:D
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desi3933
01-28 04:17 PM
.....
The only difference this time is, it has come in the form of a memo. It is in fact a blessing in disguise. AILA has some reference document against which they can fight in court and get it overturned permanently.
I disagree with you. Last many H1-B petitions have denied on these grounds. Memo just made the current interpretation as public knowledge. Read the denial cases by and you will see what I am taking about.
It seems that AILA is making noise since this memo is going to hurt the business of their members.
....The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
Technically the lawyer is correct. However, it is very difficult to show actual duties and job period for the beneficiary (H-1B worker) without the end-user client letter.
Example: [from the pdf file]
... The director declined to find that the proffered position was a specialty occupation because, as an employment contractor, the petitioner was in the business of contracting its employees to client sites and the record did not contain any evidence regarding the type of duties that the beneficiary would perform for these various clients. The director concluded that, without evidence regarding what duties the beneficiary would actually perform for the clients, the proffered position could not be classified as a specialty occupation.
............ for the purpose of determining whether a proffered position is a specialty occupation, the petitioner acting as an employment contractor is merely a "token employer," while the entity for which the services are to be performed is the "more relevant employer."
http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2009/Aug212009_09D2101.pdf
PS: The term token employer has been used.
_________________
Not a legal advice.
The only difference this time is, it has come in the form of a memo. It is in fact a blessing in disguise. AILA has some reference document against which they can fight in court and get it overturned permanently.
I disagree with you. Last many H1-B petitions have denied on these grounds. Memo just made the current interpretation as public knowledge. Read the denial cases by and you will see what I am taking about.
It seems that AILA is making noise since this memo is going to hurt the business of their members.
....The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
Technically the lawyer is correct. However, it is very difficult to show actual duties and job period for the beneficiary (H-1B worker) without the end-user client letter.
Example: [from the pdf file]
... The director declined to find that the proffered position was a specialty occupation because, as an employment contractor, the petitioner was in the business of contracting its employees to client sites and the record did not contain any evidence regarding the type of duties that the beneficiary would perform for these various clients. The director concluded that, without evidence regarding what duties the beneficiary would actually perform for the clients, the proffered position could not be classified as a specialty occupation.
............ for the purpose of determining whether a proffered position is a specialty occupation, the petitioner acting as an employment contractor is merely a "token employer," while the entity for which the services are to be performed is the "more relevant employer."
http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2009/Aug212009_09D2101.pdf
PS: The term token employer has been used.
_________________
Not a legal advice.
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belmontboy
07-18 09:33 PM
The reason why Asia has less is that people from India and China are not eligible to participate in GC lottery.
So to be fair, they should remove 7% cap per country from EB based.
So to be fair, they should remove 7% cap per country from EB based.
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akhilmahajan
01-31 12:08 PM
i have emailed it to the new england local chapter, so hopefully can get some more votes.
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kubmilegaGC
09-24 07:40 PM
If possible taken an infopass appt. They might be able to tell you the correct status of your appln.
BTW: Does any one know how long does it take for a decision to be made on an application once it has been pre-adjudicated and assiged to an IO?:confused:
9/11 - assigned to IO
9/17 - CPO
Hope this helps!
BTW: Does any one know how long does it take for a decision to be made on an application once it has been pre-adjudicated and assiged to an IO?:confused:
9/11 - assigned to IO
9/17 - CPO
Hope this helps!
wizpal
03-14 12:29 PM
I would say the activity in state chapter participation is '5%' at best in contributing members. By that token, you can ignore the non-contributing members. I see thousands of messages in retrogression and like forums while I see hardly dozens of messages in state chapters forums.
Take the example of state Texas, it has one of the largest pool of House Reps in congress and folks impacted by retrogression in this state is very high. Most of these House Reps are anti-immigrant. I am not sure if it is for both legal and illegal. In TX, there is no state chapter activity for the last 4 months. I called for a meeting, not one responded. I think IV core should come up with a specific schedule for each of the state chapter meetings and also core team should assign a contact for each of the state chapters. Core team should also participate in these meetings to provide a directed leadership. If need be, induct more members into core team..
Take the example of state Texas, it has one of the largest pool of House Reps in congress and folks impacted by retrogression in this state is very high. Most of these House Reps are anti-immigrant. I am not sure if it is for both legal and illegal. In TX, there is no state chapter activity for the last 4 months. I called for a meeting, not one responded. I think IV core should come up with a specific schedule for each of the state chapter meetings and also core team should assign a contact for each of the state chapters. Core team should also participate in these meetings to provide a directed leadership. If need be, induct more members into core team..
Desertfox
11-01 06:10 PM
[QUOTE=v2neha;191166]I won't go back - not because I am lazy or afraid of smarter people back home. [QUOTE]
You are right on target man!! Its much harder to compete there back home.... plenty of smarter people out there.:D
You are right on target man!! Its much harder to compete there back home.... plenty of smarter people out there.:D
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