Goodintentions
04-11 07:57 AM
You can be paid hourly or weekly or monthly or by weekly, does not matter as long as your job is fulltime and in same or similar occupation. Hourly pay is a more convinient tool for employers to keep you as contigent worker at times it works both ways because you can get paid more if you work more hours (depends on the state I guess).
You may verify the same with lawyers and gurus.
=================
Kindly read text below. Based on whatever is said here, an element of risk still exists if your ex-employer decides to harass you. As someone had pointed out in one of the threads, what is supported here is long term indentured labour keeping people like like us perpetually under the mercy of the greedy employers. Do we have really anything in our favour ??? :) :) :)
AC21 and I-140 Revocation : INS Inconsistent on I-485s
Posted Feb 07, 2003
The law and applications of the law are ever-changing. What seems to be firm ground one day turns to quicksand the next. And so it goes with AC21 and the impact of I-140 revocation.
For more than a year, top-level INS officials have stated in AILA meetings that an I-485 that has been pending for 180 days or more can gain approval under AC21, even if the employer revokes the I-140. That is, once the I-485 has been pending for 180 days, the employer's revocation of an I-140 is ineffective as far as causing a denial of the I-485 in the context of AC21. The INS elaborated on this to clarify that the date of revocation of the I-140 is the date the INS acts upon the revocation request, not the date the request is made. Therefore, an individual could benefit by the INS' delays in processing routine mail. Our June 28, 2002 MurthyBulletin article, I-485 Approval after I-140 Revocation, available on MurthyDotCom, covers a victory involving this precise issue. Unfortunately, the INS guidance has never been submitted in writing. This is currently causing problems in several cases that have come to our attention.
We have recently become aware of cases in which the INS has denied I-485s due to the revocation of the I-140 petition, even though the I-140 revocation occurred after the 180-day point. Motions to Reopen and Reconsider were filed asking that the cases be approved based upon the INS' stated policy. Both the California and Nebraska Service Centers issued denials of the Motions, essentially citing that there is no written policy. Accordingly, without a written policy, the INS cannot deviate from the general legal requirement that an I-485 application needs to be supported by an approved, un-revoked I-140 petition. We cannot be certain whether this is a change in policy or an issue requiring the training of examiners unaware of the policy.
The Law Office of Sheela Murthy recently contacted the INS Headquarters in Washington, D.C. to rectify this situation and urge that the INS follow their own guidance. INS policy personnel have reiterated that the I-485 application should not be denied if it has been pending for over 180 days based on a previously approved I-140 petition. INS Headquarters has informed our Office that they will contact the particular INS service centers to have them reconsider their earlier decisions, based on Headquarters' policy. However, INS has not yet addressed what happens to post-July 31, 2002, concurrently-filed cases in which the I-140 was never approved but the I-485 remains pending for over 180 days.
If AC21 is to have any meaning, the sponsoring employer must not retain control over the foreign national after the 180-day point. An individual's ability to obtain approval of an I-485 based on a job offer from a new employer should not rest upon the former employer's whim to revoke the I-140 petition or not. Fortunately, the majority of employers do not tend to revoke the I-140 petition. However, we have seen employers inadvertently revoke I-140s when the intent was to revoke the H1B petition, as is required under certain regulations. We have seen some employers attempt to retaliate against an ex-employee by revoking the I-140 petition after the 180-day point. We have seen employers revoke I-140s who simply do not want any extra papers bearing their names at INS. Employers hoping to hire more foreign nationals in the future may want to revoke the I-140 in order to use the labor certification and substitute another foreign national as the beneficiary. There are many reasons an employer may revoke an I-140. However, none of them is related to the spirit and intent of AC21 in allowing the beneficiary the freedom to move to another position and gain approval once the adjudication of the case has taken half a year or longer.
� The Law Office of Sheela Murthy, P.C.
==================
Best wishes!!!
You may verify the same with lawyers and gurus.
=================
Kindly read text below. Based on whatever is said here, an element of risk still exists if your ex-employer decides to harass you. As someone had pointed out in one of the threads, what is supported here is long term indentured labour keeping people like like us perpetually under the mercy of the greedy employers. Do we have really anything in our favour ??? :) :) :)
AC21 and I-140 Revocation : INS Inconsistent on I-485s
Posted Feb 07, 2003
The law and applications of the law are ever-changing. What seems to be firm ground one day turns to quicksand the next. And so it goes with AC21 and the impact of I-140 revocation.
For more than a year, top-level INS officials have stated in AILA meetings that an I-485 that has been pending for 180 days or more can gain approval under AC21, even if the employer revokes the I-140. That is, once the I-485 has been pending for 180 days, the employer's revocation of an I-140 is ineffective as far as causing a denial of the I-485 in the context of AC21. The INS elaborated on this to clarify that the date of revocation of the I-140 is the date the INS acts upon the revocation request, not the date the request is made. Therefore, an individual could benefit by the INS' delays in processing routine mail. Our June 28, 2002 MurthyBulletin article, I-485 Approval after I-140 Revocation, available on MurthyDotCom, covers a victory involving this precise issue. Unfortunately, the INS guidance has never been submitted in writing. This is currently causing problems in several cases that have come to our attention.
We have recently become aware of cases in which the INS has denied I-485s due to the revocation of the I-140 petition, even though the I-140 revocation occurred after the 180-day point. Motions to Reopen and Reconsider were filed asking that the cases be approved based upon the INS' stated policy. Both the California and Nebraska Service Centers issued denials of the Motions, essentially citing that there is no written policy. Accordingly, without a written policy, the INS cannot deviate from the general legal requirement that an I-485 application needs to be supported by an approved, un-revoked I-140 petition. We cannot be certain whether this is a change in policy or an issue requiring the training of examiners unaware of the policy.
The Law Office of Sheela Murthy recently contacted the INS Headquarters in Washington, D.C. to rectify this situation and urge that the INS follow their own guidance. INS policy personnel have reiterated that the I-485 application should not be denied if it has been pending for over 180 days based on a previously approved I-140 petition. INS Headquarters has informed our Office that they will contact the particular INS service centers to have them reconsider their earlier decisions, based on Headquarters' policy. However, INS has not yet addressed what happens to post-July 31, 2002, concurrently-filed cases in which the I-140 was never approved but the I-485 remains pending for over 180 days.
If AC21 is to have any meaning, the sponsoring employer must not retain control over the foreign national after the 180-day point. An individual's ability to obtain approval of an I-485 based on a job offer from a new employer should not rest upon the former employer's whim to revoke the I-140 petition or not. Fortunately, the majority of employers do not tend to revoke the I-140 petition. However, we have seen employers inadvertently revoke I-140s when the intent was to revoke the H1B petition, as is required under certain regulations. We have seen some employers attempt to retaliate against an ex-employee by revoking the I-140 petition after the 180-day point. We have seen employers revoke I-140s who simply do not want any extra papers bearing their names at INS. Employers hoping to hire more foreign nationals in the future may want to revoke the I-140 in order to use the labor certification and substitute another foreign national as the beneficiary. There are many reasons an employer may revoke an I-140. However, none of them is related to the spirit and intent of AC21 in allowing the beneficiary the freedom to move to another position and gain approval once the adjudication of the case has taken half a year or longer.
� The Law Office of Sheela Murthy, P.C.
==================
Best wishes!!!
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bharol
08-18 11:49 PM
Purgan,
I respect your green dots which tells you are responsible IVean, however my suggestion is not to post NumbersUSA links.
Why give them free publicity on IV resources.
Just ignore them.
Many friends and foes read IV forums so just keep this for our discussions only.
I respect your green dots which tells you are responsible IVean, however my suggestion is not to post NumbersUSA links.
Why give them free publicity on IV resources.
Just ignore them.
Many friends and foes read IV forums so just keep this for our discussions only.
kghoshal
11-19 07:13 PM
Friends any one living in Maryland can give some input on how to
Obtain DL in Maryland. I am planning to move from CA to Maryland.
Is DMV office give difficult time in Maryland?
Obtain DL in Maryland. I am planning to move from CA to Maryland.
Is DMV office give difficult time in Maryland?
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okuzmin
09-22 03:22 PM
My I-140 was lost in mail just this year. My employer contacted USCIS, and they told him to file form I-824 (yeah, with fee). We did, and I got a duplicate approval notice back in about a month. So, if that's your case, here is the answer.
I did FOIA on my previous LC attempt (not I-140); it took over 6 months to get all documents back (you can request a CD instead of a stack of photocopies -- they'll scan all papers and burn the files on a CD for you). I've heard it's getting worse, in terms of response time.
I did FOIA on my previous LC attempt (not I-140); it took over 6 months to get all documents back (you can request a CD instead of a stack of photocopies -- they'll scan all papers and burn the files on a CD for you). I've heard it's getting worse, in terms of response time.
more...
Macaca
08-12 12:01 PM
I am really shocked to see that several of us in our community are still ignorant about the magnamity of the Green card situation.
Just this morning, I was talking to one my friend urging him to participate actively in the IV efforts and the answer I got was, "What for? , now that my I-485 is filed, I should get my greencard in a year." His PD is April 2006.
Most people struggle with life balance simply because they haven't paid the price to decide what is really important to them - Stephen Covey
The reasonable man adapts himself to the world; the unreasonable one persists in trying to adapt the world to himself. Therefore, all progress depends on the unreasonable man - G. B. Shaw
From 484_se_dukhi's signature!
Just this morning, I was talking to one my friend urging him to participate actively in the IV efforts and the answer I got was, "What for? , now that my I-485 is filed, I should get my greencard in a year." His PD is April 2006.
Most people struggle with life balance simply because they haven't paid the price to decide what is really important to them - Stephen Covey
The reasonable man adapts himself to the world; the unreasonable one persists in trying to adapt the world to himself. Therefore, all progress depends on the unreasonable man - G. B. Shaw
From 484_se_dukhi's signature!
gcdreamer05
01-26 05:31 PM
folks does anyone know if ron predicted the july 2007 fiasco when it all became current ?
more...
BharatPremi
10-05 10:31 AM
Those are lolipop to kids. Do not keep much hopes. It seems to be the strategy to cover more election fund from corporate America.. I see this as political game for funding. On first link only honest statement I could locate was from Ms Lofgren "Some names on there have never been allies on immigration reform," Lofgren said. "I'm glad to be surprised."
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beautifulMind
03-17 10:30 AM
I had a misdemenor and went to india. My case was dismissed while I was in india. I returned on AP at the newark airport and nothing was even mentioned about it..infact AP is considered the safest way to travel even safer than h1b because you are technically not admitted to US but are "admissible"..There is a difference
more...
ocpmachine
10-15 11:11 AM
Guys,
I efiled my AP on 9/5/10 @NSC and it was approved today after requesting expediting on 10/5/10 based on financial loss, I have a business transaction back home for which i need to be present and provided all supporting documentation related to that.
This is what is think is more effective than contacting senators/Ombudsman for expediting, resend all the I-131 supporting documentation,proof of emergency/loss, 2 photos and include a cover letter with bold colorful fonts requesting expediting to the same address you sent your app earlier (btw, i used the USCIS center courier address and not PO Box address), i believe this way your app goes to the officer quicker and he has all the documents needed to approve your case right away if you qualify for expediting, i have used this process more than once and know it works at least for me....you have tried other methods, why not try this as well!
Good Luck!
I efiled my AP on 9/5/10 @NSC and it was approved today after requesting expediting on 10/5/10 based on financial loss, I have a business transaction back home for which i need to be present and provided all supporting documentation related to that.
This is what is think is more effective than contacting senators/Ombudsman for expediting, resend all the I-131 supporting documentation,proof of emergency/loss, 2 photos and include a cover letter with bold colorful fonts requesting expediting to the same address you sent your app earlier (btw, i used the USCIS center courier address and not PO Box address), i believe this way your app goes to the officer quicker and he has all the documents needed to approve your case right away if you qualify for expediting, i have used this process more than once and know it works at least for me....you have tried other methods, why not try this as well!
Good Luck!
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GCHPLC
12-14 01:28 PM
I know for sure that local office send an e-mail to processing center, it is not in Nebraska or Texas, it is at National Benefits Center (MSC). Mine and my husband's status of EAD was "no decision" . The e-mail sent to MSC with request to finalize the decision. I did not take any evidence, I did not know at that moment that I could. But it worked and I had my EAD after 7 days to be exact.
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hunkuncontrolled
04-02 12:59 PM
Please do not misinterpret IV.
If tomorrow there is a bill to stop all H1B from coming to USA or to make life difficult for H1B, do you really think we will keep quiet just because we have filed our greencards?
Do you know IV worked hard for decoupling of H4 time from H1 in 2006 and we thought nothing may happen and started to focus on next action item. Then few months later it was changed. That was the first small step.
I would appreciate if you ask your spouse if she/he can volunteer time for IV. You both can get more involved. Send us an email if you are interested. We are always interested in people who can volunteer more time than us (We do full time jobs too. A couple of us also are enrolled in a part time degree program). We are willing to have such an H4 be a leader in IV.
IV is a platform that will allow you voice your plight. But you will need to come forward and be willing to actively work on it with others. If the strategy is right, you are committed and have right intentions there is no reason why IV will not help.
Thanks .
If tomorrow there is a bill to stop all H1B from coming to USA or to make life difficult for H1B, do you really think we will keep quiet just because we have filed our greencards?
Do you know IV worked hard for decoupling of H4 time from H1 in 2006 and we thought nothing may happen and started to focus on next action item. Then few months later it was changed. That was the first small step.
I would appreciate if you ask your spouse if she/he can volunteer time for IV. You both can get more involved. Send us an email if you are interested. We are always interested in people who can volunteer more time than us (We do full time jobs too. A couple of us also are enrolled in a part time degree program). We are willing to have such an H4 be a leader in IV.
IV is a platform that will allow you voice your plight. But you will need to come forward and be willing to actively work on it with others. If the strategy is right, you are committed and have right intentions there is no reason why IV will not help.
Thanks .
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rahulpaper
08-22 02:21 PM
....The online status says 485 received and pending." means?
Did you apply 485 in August 07 and already your status is showing pending? Did you receive a receipt notice?
Please enlighten ?
I have April 04 priority date (EB3/India). 485 received in Aug 07. The online status says 485 received and pending. What is the expected next status (whenever it will happen). For example, if your case (name) is for FBI Name Check process, will the status say something like that? What are the different status between receipt and APPROVAL(/denied)? Any experience holders???
Did you apply 485 in August 07 and already your status is showing pending? Did you receive a receipt notice?
Please enlighten ?
I have April 04 priority date (EB3/India). 485 received in Aug 07. The online status says 485 received and pending. What is the expected next status (whenever it will happen). For example, if your case (name) is for FBI Name Check process, will the status say something like that? What are the different status between receipt and APPROVAL(/denied)? Any experience holders???
more...
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paskal
12-17 11:32 AM
"And please remember it's bottom up that works here not top-down."
so i guess then we can count on you to give up on this one little thing and help us constructively...? join the state chapter? help with lawmaker meetings and do the grassroots stuff?
i'm not in the least asking you to leave..i would really love to see you put you energies towards required actions...and we would all be richer and better for it! :)
so i guess then we can count on you to give up on this one little thing and help us constructively...? join the state chapter? help with lawmaker meetings and do the grassroots stuff?
i'm not in the least asking you to leave..i would really love to see you put you energies towards required actions...and we would all be richer and better for it! :)
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drona
10-05 07:07 PM
I have sent another email to the editor. Although they have provided an "Amplification" section under this article that says that the item wasn’t intended to imply high-skilled workers are illegal immigrants, the paragraph in which they report the poll result on illegal immigration went under the bold heading "High-Tech Employers". They should either correct this paragraph to exclude any mention of illegal immigration or change the bold heading to a more appropriate general heading on immigration issues.
To their credit, the editor has added a comment for further reading on the legal limbo faced by foreign-born scientists from a page one story written last year.
http://online.wsj.com/article/SB115135331760891063.html
To their credit, the editor has added a comment for further reading on the legal limbo faced by foreign-born scientists from a page one story written last year.
http://online.wsj.com/article/SB115135331760891063.html
more...
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mpadapa
10-05 04:39 PM
The person was checking his option for the return journey (after the happy hr)
Its always good to have a designated driver:D
You dont need to take a cab to come over to the place..
Beleive me friend .. Its a nice walk from Time Square to Maya Lounge... Probably 15 minutes..
Just go to google maps and you will be fine..
Its always good to have a designated driver:D
You dont need to take a cab to come over to the place..
Beleive me friend .. Its a nice walk from Time Square to Maya Lounge... Probably 15 minutes..
Just go to google maps and you will be fine..
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supu
04-22 12:43 AM
I also got a RFE from nabreska , but finally got approved.
Same Bsc + MCA
I think , they do approve , just waste some time and money of everyone , before they approve.
:rolleyes:
Same Bsc + MCA
I think , they do approve , just waste some time and money of everyone , before they approve.
:rolleyes:
more...
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va_labor2002
09-15 03:39 PM
There is no big secret, except little bit of planning and starting something.
I came here in 1997(at 22), but was in school for 2 years, started working in 1999. As soon as I started, I put money in 401k. I married early in 2000(I was only 25 then), my wife already did her M.S by then, she started working in 2000 even before our marriage. I made her put into her 401k(max out most of the time), we also put into esop. Together we have 300k in investment assests in 401k. Then I started a brokerage account and put 1500 every month, that accumualted to 150k now.
I brought house early, as soon as I am out of PT, with in first year of H-1, it didn't appreciate much but I still have an equity of 200k in primary house(I took 15 year mortgage) and I brought another house, that I rent out which as an equity of 50k. I have some cash. I brought couple of plots in india and also constructing an house in my native town in India.
But i want to do something else, I am happy with my life, for last two years, I got into golf, tennis and exercise, trying to be physically fit. I used to worry about GC before, not any more, whatever happens will happen.
Except that I am not progressing ahead in my carreer, I want to do MBA and get into something else. Right now most of my money goes to day care for two of my kids around 24,000.
More than money, you have to develop right habits, be healthy and have positive attitude.
In my case, Secrets of my lifestyle are
1. Getting started early, buying an house at 26. STarting 401k early.
2. Marrying a girl, who is already working.
3. Maxing my 401k and esop plan.
Your planning and strategy was really good . I bought a home in 2002.Do you think buying a second home in this market is a good idea ? Can we cover up the mortgage with the rent ? What is your experience with this ?
Thanks Reddy..
I came here in 1997(at 22), but was in school for 2 years, started working in 1999. As soon as I started, I put money in 401k. I married early in 2000(I was only 25 then), my wife already did her M.S by then, she started working in 2000 even before our marriage. I made her put into her 401k(max out most of the time), we also put into esop. Together we have 300k in investment assests in 401k. Then I started a brokerage account and put 1500 every month, that accumualted to 150k now.
I brought house early, as soon as I am out of PT, with in first year of H-1, it didn't appreciate much but I still have an equity of 200k in primary house(I took 15 year mortgage) and I brought another house, that I rent out which as an equity of 50k. I have some cash. I brought couple of plots in india and also constructing an house in my native town in India.
But i want to do something else, I am happy with my life, for last two years, I got into golf, tennis and exercise, trying to be physically fit. I used to worry about GC before, not any more, whatever happens will happen.
Except that I am not progressing ahead in my carreer, I want to do MBA and get into something else. Right now most of my money goes to day care for two of my kids around 24,000.
More than money, you have to develop right habits, be healthy and have positive attitude.
In my case, Secrets of my lifestyle are
1. Getting started early, buying an house at 26. STarting 401k early.
2. Marrying a girl, who is already working.
3. Maxing my 401k and esop plan.
Your planning and strategy was really good . I bought a home in 2002.Do you think buying a second home in this market is a good idea ? Can we cover up the mortgage with the rent ? What is your experience with this ?
Thanks Reddy..
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pappu
02-06 08:25 PM
Please send us an email at info at immigrationvoice.org with the details of this denial so that we can look into your case.
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small2006
12-31 10:43 AM
And they say why Albert Pinto "Plassey" is an angry man?
My current H1 is expiring soon. My 3 year H1 extension is pending. I had receipt notice but NJ DMV at Wayne refused to accept that. My current License is valid only till the middle of the next month.
Any body in the same boat? What shall I do?
Try the TRENTON office. They are pretty cool. It may work there.
My current H1 is expiring soon. My 3 year H1 extension is pending. I had receipt notice but NJ DMV at Wayne refused to accept that. My current License is valid only till the middle of the next month.
Any body in the same boat? What shall I do?
Try the TRENTON office. They are pretty cool. It may work there.
ultimo
09-20 09:38 AM
o.k.. just to divert the topic ..2 questions
1) when do you think EB3 india will reach mar 2004
2) how to apply for ssn after getting EAD ...my wife was on h-4 before ..Thanks
show the Ead & passport in ssn office :)
1) when do you think EB3 india will reach mar 2004
2) how to apply for ssn after getting EAD ...my wife was on h-4 before ..Thanks
show the Ead & passport in ssn office :)
Michael chertoff
12-30 08:49 PM
I always loved this board for what it does - especially the Gurus who always spend their precious time giving input to member's queries. Well... this is not query. I just want to vent my frustration, helplessness to fellow friends in this board. In spite of graduating from a reputed univ with a Masters and very good GPA and also having 7 years of professional experience, I am bound to be a slave to my current Employer without any promotions, career growth or anything remote to that for next (God knows how many Decades) several years. ppl who are junior to me in every aspect are growing left and right and are also getting brighter opportunities. I dont care if you guys think I am jealous of them.... But does God really exist ? sorry for wasting your time with this depressing note. I guess there is a limit to how unlucky I can be !! call me a cry baby but I am one real unlucky individual !
How old are you my dear friend?
MC
How old are you my dear friend?
MC
