rajeshalex
08-05 09:44 PM
PD Dec 2004 /EB2
140 pending since July 07
140 pending since July 07
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Mount Soche
12-18 09:16 AM
This is not to oppose your message - I am just trying to figure out where these arguments comes from because I don't think I believe in this whole fraud thing. AC21 is meant for one to change jobs after working for the original sponsoring company for 180 days. Also, there are no clear guidelines stating that one must inform the USCIS - so what will this fraud be based on? How can one be committing fraud if there are no guidelines to tell you what is considered fraudulent? I think one is fraudulant when one actually violates some set rules etc. I don't think the USCIS can have a basis for suspecting someone of fraud when they don't even have a definition of what may constitute fraud in this case because of the lack of guidelines. Plus, I have never, ever heard of anyone be denied or suspected of anything like this during citizenship, I just don't believe this is a factor AT ALL. I see these comments a lot and they just don't make any sense to me. To me, it is like breaking a law that doesn't exist. And you say one may be "suspected", well, suspicion is just that, suspicion. The USCIS needs to show proof that you intended to be fraudulent and for as long as there are no AC21 guidelines that tell you that you must inform the USCIS upon invoking AC21, the USCIS will not and cannot have a case against you.
The disadvantage of not filing for AC21 is if your AoS is approved with USCIS believing that you will be working for the original petitioner after approval.
That is the disadvantage. USCIS will not know that you intended to port to new employer by invoking AC21 and come the time your apply for Naturalization, USCIS will discover it and may suspect you of fraud.
The disadvantage of not filing for AC21 is if your AoS is approved with USCIS believing that you will be working for the original petitioner after approval.
That is the disadvantage. USCIS will not know that you intended to port to new employer by invoking AC21 and come the time your apply for Naturalization, USCIS will discover it and may suspect you of fraud.
sheela
02-21 12:10 PM
Also , answer HONESTLY. please keep in mind they come for clarification on info they already have in hand.
good luck
good luck
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Nil
04-27 08:29 PM
do we have a real poll number: how many have actually send it?
i did.
probably many others did as well. need to know....
i did.
probably many others did as well. need to know....
more...
InTheMoment
09-27 10:35 AM
good point about the H1 quota exempt option. Though remember there is no blanket exemption for doctors...their H1 is cap exempt only if they work for a non-profit institution/university. So it all depends on the employer.
i was in a similar situation about this with a priority date of Jan '06.. i was planning to get married in dec 2009.. but my dates were current and fearing that I might get my GC soon, I rushed to Australia (my fiancee is AUS citizen) and got a registered marriage done... she is still in aus and planning to join me later using following-to-join when i do get gc.. unfortunately, I did not get my GC when the dates were current in Aug or Sep...
but, i dont know how to advice you.. it is a very sticky situation... i think best option is to do H1B, and before that to try and get some visitor visa... my lawyer says there is a 50% chance for one to get H1B if you apply on April 1st.. and almost 0% chance if you apply after April 1st...
oooh another option that i thought out, during my stressful thinking days about this, was that the H1B quota is not valid for certain jobs.. like doctors, and also if you work in like non-profit orgs and stuff... try to explore that.. this means that ur wife can get H1B right away...
F1 is not an options, since you have to show non-immigrant intent.
i was in a similar situation about this with a priority date of Jan '06.. i was planning to get married in dec 2009.. but my dates were current and fearing that I might get my GC soon, I rushed to Australia (my fiancee is AUS citizen) and got a registered marriage done... she is still in aus and planning to join me later using following-to-join when i do get gc.. unfortunately, I did not get my GC when the dates were current in Aug or Sep...
but, i dont know how to advice you.. it is a very sticky situation... i think best option is to do H1B, and before that to try and get some visitor visa... my lawyer says there is a 50% chance for one to get H1B if you apply on April 1st.. and almost 0% chance if you apply after April 1st...
oooh another option that i thought out, during my stressful thinking days about this, was that the H1B quota is not valid for certain jobs.. like doctors, and also if you work in like non-profit orgs and stuff... try to explore that.. this means that ur wife can get H1B right away...
F1 is not an options, since you have to show non-immigrant intent.
abhijitp
08-15 01:19 AM
Thanks heywhat and abhijitp
I will re-file it tommorrow.
And thank God you found IV:)
But more important... PLEASE contribute in $$, flyers, videos, buy merchandise etc etc!
I will re-file it tommorrow.
And thank God you found IV:)
But more important... PLEASE contribute in $$, flyers, videos, buy merchandise etc etc!
more...
oliTwist
02-14 11:47 AM
Is it a people manager or product manager category? Any idea what documents do you need for EB1?
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chanduv23
11-16 03:25 PM
actually I realized the difference bet LC ads and EEOC laws:
Per EEOC, they cannot discriminate to hire a person on a visa. But for green card sponsorship, they have to show preference for an equally qualified USC or perm resident.
I know this b/c my employer, while sponsoring a previous H-1b at my firm, during the LC process found a qualified USC. They stopped the gc process, but could not let the person go b/c it is legal to hire an H-1b even if USCs are available.
What practical sense does this make? Once an employer sponsors an H-1b, why would he want to go thru the whole recruiting and training process again to hire a new person?
When it comes to implementation, things vary. Laws are made so that they can be worked around, laws are made in a way that can be interpreted in many ways, laws canbe generalised, they have grey areas. Everything is based on convinience.
Per EEOC, they cannot discriminate to hire a person on a visa. But for green card sponsorship, they have to show preference for an equally qualified USC or perm resident.
I know this b/c my employer, while sponsoring a previous H-1b at my firm, during the LC process found a qualified USC. They stopped the gc process, but could not let the person go b/c it is legal to hire an H-1b even if USCs are available.
What practical sense does this make? Once an employer sponsors an H-1b, why would he want to go thru the whole recruiting and training process again to hire a new person?
When it comes to implementation, things vary. Laws are made so that they can be worked around, laws are made in a way that can be interpreted in many ways, laws canbe generalised, they have grey areas. Everything is based on convinience.
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pointlesswait
02-12 09:31 AM
i know a friend whose wife was in the same boat..
get an attorney and explain ...ur case..
what my friend was told...if you have given proper notice to quit...your employer has no legal standpoint to harras you.
dont worry abt that desi employer..that bum is in bigger soup than you are...the law that requires all employers to provide W2 before jan 31..no matter what..check with IRS if you want....he is toast! .;-)
take it easy.. you will be all right!
get an attorney and explain ...ur case..
what my friend was told...if you have given proper notice to quit...your employer has no legal standpoint to harras you.
dont worry abt that desi employer..that bum is in bigger soup than you are...the law that requires all employers to provide W2 before jan 31..no matter what..check with IRS if you want....he is toast! .;-)
take it easy.. you will be all right!
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GCSeekerCT
08-16 10:31 AM
I have nothing against lawyers, most are hard-working and smart. But that smartness also makes them confuse others and ultimately its the clients who have to pay for the smartness of the lawyers.
I am totally against that.
making a living is one thing, but talk about confusing people and milking them for the money !!!
I am totally against that.
making a living is one thing, but talk about confusing people and milking them for the money !!!
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GC4LI
04-22 05:30 PM
I completely agree with JK...i work here in Phoenix in a construction company, and many of the legal immigrants (including Latinos, indians etc....brown skin people) have started to worry about this bill becoming law....every other person in our company have experienced what this would bring us....
We have been working in various cities here in AZ, and travel is a must for us...
Once, while I was driving to Tucson for a project inspection, i was stopped by border patrol agents at 2 different locations....i mean to say, they were not stationed in a booth or any thing, they had patrol cars just like cops....they just park their car on the shoulder, and wait for any brown guy driving across....
Infact, one border patrol agent followed me for about 2 miles, then drove right next to me, again slowed down to get behind me, and turned on the lights...so, I had to stop....luckily, i had my EAD card, which is always keep in my wallet, even though I am on H1-B....however, he insisted that we (as in legal immigrants) should carry our passports (Original and not a copy) with us when we travel...which is totally rediculous!!!!!
what irritates me is that these guys don't even understand what an EAD is.....he was expecting that I should have a visa inorder to be in the US....it took almost 25 to 30 mins to explain my status (H1-B, but not stamped in my passport)....that an approved H1-B petition is enough to stay and work in the US.....HE JUST DIDN'T GET IT!!!!!....in the end, this guy, as though he was doing a great favor to me, said that he is allowing me to travel on humanitarian grounds and with a warning....f&*k*&^ bull%^&*......
I have traveled many times with my coworker who is caucasian, and not even once have I had a problem with border patrol agents.....
I just don't know what to say!!!!!! is it their lack of common sense, or knowledge, or is it just plain blunt racial profiling???????
We have been working in various cities here in AZ, and travel is a must for us...
Once, while I was driving to Tucson for a project inspection, i was stopped by border patrol agents at 2 different locations....i mean to say, they were not stationed in a booth or any thing, they had patrol cars just like cops....they just park their car on the shoulder, and wait for any brown guy driving across....
Infact, one border patrol agent followed me for about 2 miles, then drove right next to me, again slowed down to get behind me, and turned on the lights...so, I had to stop....luckily, i had my EAD card, which is always keep in my wallet, even though I am on H1-B....however, he insisted that we (as in legal immigrants) should carry our passports (Original and not a copy) with us when we travel...which is totally rediculous!!!!!
what irritates me is that these guys don't even understand what an EAD is.....he was expecting that I should have a visa inorder to be in the US....it took almost 25 to 30 mins to explain my status (H1-B, but not stamped in my passport)....that an approved H1-B petition is enough to stay and work in the US.....HE JUST DIDN'T GET IT!!!!!....in the end, this guy, as though he was doing a great favor to me, said that he is allowing me to travel on humanitarian grounds and with a warning....f&*k*&^ bull%^&*......
I have traveled many times with my coworker who is caucasian, and not even once have I had a problem with border patrol agents.....
I just don't know what to say!!!!!! is it their lack of common sense, or knowledge, or is it just plain blunt racial profiling???????
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pasupuleti
02-08 01:55 PM
we are meeting Mike Honda's staff on 02-10-2006 @ 1.00 PM. This meeting is to educate the lawmakers about our issues & IV goals.
Mike Honda's office Address:
1999 South Bascom Ave
Suite 815
Campbell CA - 95008.
send me a private msg if you like to attend.
Mike Honda's office Address:
1999 South Bascom Ave
Suite 815
Campbell CA - 95008.
send me a private msg if you like to attend.
more...
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ssdtm
12-12 01:35 PM
For EB3, 16 days are not significant. But what is significant that there were many 245(i) cases. Around 26,000 alone from April 26 to April 30. So crossing that barrier is a significant move.
While this generates some hope, one should note that PBEC and DBEC are giving ads most of which in high probability 245(i) cases. Does that mean while labors are being cleared, dates have moved without taking into account that when recruitment instructions are done for such cases, they will be in the queue. If that happens, EB3 instead of moving forward will move backwards.
Not a pessimitic view, but based on logic.
While this generates some hope, one should note that PBEC and DBEC are giving ads most of which in high probability 245(i) cases. Does that mean while labors are being cleared, dates have moved without taking into account that when recruitment instructions are done for such cases, they will be in the queue. If that happens, EB3 instead of moving forward will move backwards.
Not a pessimitic view, but based on logic.
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kondur_007
06-10 04:22 PM
Also Mr O said out look for Eb2 india is grim and could have delay for decades .. where Eb3 india can be set to Oct 2001 in oct 2009. His whole prediction is based on current demand from USCIS.
Lets says he USCIS has 50k Eb2 india and 70k Eb3 india in back room. Now they both have 3k visas in a given year . if USCIS process ( Pre adjucted ) 40k Eb2 india cases and 4k Eb3 india and bring to DOS , DOS may think there are 10 time more cases in Eb2 india so it can take decades while Eb3 india has only 1k extra so it can be in a year. but reality is different.
hope that makes some thing clear to members..
Agree with that as well...that may impact PD determination (and it MAY), but the fact is:
EB2 and EB3 India people with PD after 2005 (just an arbitary year) will not get GC unless there is spill over....it will be 20 yrs without spill over....
Lets says he USCIS has 50k Eb2 india and 70k Eb3 india in back room. Now they both have 3k visas in a given year . if USCIS process ( Pre adjucted ) 40k Eb2 india cases and 4k Eb3 india and bring to DOS , DOS may think there are 10 time more cases in Eb2 india so it can take decades while Eb3 india has only 1k extra so it can be in a year. but reality is different.
hope that makes some thing clear to members..
Agree with that as well...that may impact PD determination (and it MAY), but the fact is:
EB2 and EB3 India people with PD after 2005 (just an arbitary year) will not get GC unless there is spill over....it will be 20 yrs without spill over....
more...
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purgan
01-31 11:40 AM
For all those people who haven't been willing to donate to IV until now, let this Immigraton Fee Rise serve as a wake up call.
Do you want to pay $60 to IV now, or pay 10X that amount in June (when filing fee will rise by almost $600 for 485 filing)??
I know some people didn't want to contribute to IV, but now the choice is clear: pay $60 to IV now for its efforts or pay $600 to USCIS in June (where there will be no choice left but to pay up).
Do you want to pay $60 to IV now, or pay 10X that amount in June (when filing fee will rise by almost $600 for 485 filing)??
I know some people didn't want to contribute to IV, but now the choice is clear: pay $60 to IV now for its efforts or pay $600 to USCIS in June (where there will be no choice left but to pay up).
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aamirzeeshan
01-11 02:40 PM
I understand your situation as i was there once. If you dont have insurance than your options are very limited. if you live in dallas county parkland hospital is your only choice. Parkland has a network of several clinics around DFW area. Every clinic has financial assistance department. You can visit any of those and they will setup a payment plan which is reasonable based on your income. You will visit them for all prenatal care and when the time comes for delivery it will be taken to parkland. and parkland is a very good hospital as well. beside parkland several hospitals also offer cash plans like RHD memorial at 635 but they will charge you close to 4k just for delivery day and if its a normal one. you will have to do prenatal at your own.
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paskal
07-13 11:16 PM
Hi everyone,
I reviewed the text of the bill...and, to the best of my understanding, the Dream Act applies to both legal and illegal children. This bill is crucial for me. I am 27 years old and have been in the United States since age 1 (Yes, 26 years)...LEGALLY!!! My husband (i married another visa holder and changed my status about 5 years ago) and I have been pending for a greencard for about 2.5 years now (I'm not counting the other failed attempts)...and still no luck. I completed my bachelors degree in Psychology years ago and cannot work (my field of study is fairly common in the US...nobody I've come across was willing to sponsor for an h-1). Unfortunately, going back to my "home" county isn't an option for me because this is the only home I've ever known. Anyhow, I would really appreciate everyone's support...hopefully this piece of legislation can benefit people like myself and we can contribute to society as well. Thanks!! :)
are certain about this?
the recent versions of the DREAM act were clearly meant ONLY for children without documentation. that remains one of the most troublesome aspects of this legislation.
to address the comments above: sure we are all for the kids of illegal workers, but we would like to see the same benefits at least be provided to those who play by the rules....the above story is an excellent example of this.
I reviewed the text of the bill...and, to the best of my understanding, the Dream Act applies to both legal and illegal children. This bill is crucial for me. I am 27 years old and have been in the United States since age 1 (Yes, 26 years)...LEGALLY!!! My husband (i married another visa holder and changed my status about 5 years ago) and I have been pending for a greencard for about 2.5 years now (I'm not counting the other failed attempts)...and still no luck. I completed my bachelors degree in Psychology years ago and cannot work (my field of study is fairly common in the US...nobody I've come across was willing to sponsor for an h-1). Unfortunately, going back to my "home" county isn't an option for me because this is the only home I've ever known. Anyhow, I would really appreciate everyone's support...hopefully this piece of legislation can benefit people like myself and we can contribute to society as well. Thanks!! :)
are certain about this?
the recent versions of the DREAM act were clearly meant ONLY for children without documentation. that remains one of the most troublesome aspects of this legislation.
to address the comments above: sure we are all for the kids of illegal workers, but we would like to see the same benefits at least be provided to those who play by the rules....the above story is an excellent example of this.
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syzygy
05-15 01:12 AM
would it even help people who did MS in stem from US university but are stuck in eb3 due to bad policies of their companies ?Or is this only for eb2 / eb1?
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pdakwala
03-01 02:10 PM
There is a conference call for people living in CA on Thursday 03/02/3006 at 9.00 p.m. The comprehensive immigration reform bill will be given first look that day by the Senate Judiciary committee.
We need lot of help so please join the conference call. If you don't have the details please send me a PM with your phone number, email address.
We need lot of help so please join the conference call. If you don't have the details please send me a PM with your phone number, email address.
willwin
06-13 12:46 PM
how many PhDs work for Microsoft who is started by college dropout?
Nice punch!
Nice punch!
Drifter
04-06 02:59 PM
A core member has been helping me in this matter. I really have to thank the core for being so responsive and for giving this matter the kind of attention it deserves. There is some progress in this case and the quickness with which the IV Core acted on this and moved the issue forward gives me and my family hope.
We have been patiently waiting in the immigration queue for close to 10 years and finally when we are so close to the end of this long journey become victims of a clerical error which was completely out of our control. IV has provided our family with hope. I thank IV for that
We pray that this issue gets resolved and I hope that no one else has to go thorugh this trying situation.
We have been patiently waiting in the immigration queue for close to 10 years and finally when we are so close to the end of this long journey become victims of a clerical error which was completely out of our control. IV has provided our family with hope. I thank IV for that
We pray that this issue gets resolved and I hope that no one else has to go thorugh this trying situation.
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