DDLMODES
07-06 10:10 AM
Hey guys,
I have a question to all of you...
AILA prepares the lawsuit and some (probably most) of the lawyers are supporting that.
For several days I keep hearing that WHEN you file (in July) is not important and I am wondering how that could be true...
I understand that the people who filed on July 2nd are beneficiaries of this but in my mind, everybody who files after falls under a different category because technically they would file after the revised bulletin was announced therefore have no argument. I understand that everybody else prepared (legal fees, medical exam and so on) and they are affected even if they didn't file but I am wondering how that can be justification enough after the dates (retrogression) were announced.
I am trying to understand why they say that it does not matter when you file. They need more people to back this up or is just so they can justify billing you for their work...
Is just scary, how many people play with our hopes and I need to understand if this is just to serve somebody's interests or it is what it is .
Please post your 2 cents ...
Thanks !
I have a question to all of you...
AILA prepares the lawsuit and some (probably most) of the lawyers are supporting that.
For several days I keep hearing that WHEN you file (in July) is not important and I am wondering how that could be true...
I understand that the people who filed on July 2nd are beneficiaries of this but in my mind, everybody who files after falls under a different category because technically they would file after the revised bulletin was announced therefore have no argument. I understand that everybody else prepared (legal fees, medical exam and so on) and they are affected even if they didn't file but I am wondering how that can be justification enough after the dates (retrogression) were announced.
I am trying to understand why they say that it does not matter when you file. They need more people to back this up or is just so they can justify billing you for their work...
Is just scary, how many people play with our hopes and I need to understand if this is just to serve somebody's interests or it is what it is .
Please post your 2 cents ...
Thanks !
wallpaper disney castle cartoon. magic
vbkris77
07-02 11:12 AM
I have followed it up with AILF and 3 more attorneys just in case to see if a law suit is feasible. All of them said, it is not possible. Only option left is to write to Dept. of Justice to see if this law holds a constitutional test. I wrote once, but never got any reply on that.
But if we could take this as a group and mobilise on a mass scale to reach out to DOJ and have them review this INA law we might get attention.
Couple of points to Nay sayers.. that this is not racial descrimination
INA even though uses country of birth instead of color of skin It is still considered raical because, Under the same INA, if someone is born in a retro. country and their parents are not from that country, One could use parents country of birth.
So if a family from UK on a business to India gave birth to a child, this child is not subjected to India limits. Which means this applies only to natives from India.
I tried explaining this in my writing to DOJ. But one letter didn't do the job required.
But if we could take this as a group and mobilise on a mass scale to reach out to DOJ and have them review this INA law we might get attention.
Couple of points to Nay sayers.. that this is not racial descrimination
INA even though uses country of birth instead of color of skin It is still considered raical because, Under the same INA, if someone is born in a retro. country and their parents are not from that country, One could use parents country of birth.
So if a family from UK on a business to India gave birth to a child, this child is not subjected to India limits. Which means this applies only to natives from India.
I tried explaining this in my writing to DOJ. But one letter didn't do the job required.
gc_on_demand
06-02 05:54 PM
As OBAMA is going to have meeting this monday it will clear lots of things for us.
Biggest one is if there will be a CIR or not ? if yes then what is time frame.
if he signals yes for CIR discussion ( I am not saying passing ) then all these bills will be crap. and we should start lobby and advocay. If he doesnot think for CIR for year or two then we can push for this one as we will not have any agenda left. ( Except same and simmilar job )
Biggest one is if there will be a CIR or not ? if yes then what is time frame.
if he signals yes for CIR discussion ( I am not saying passing ) then all these bills will be crap. and we should start lobby and advocay. If he doesnot think for CIR for year or two then we can push for this one as we will not have any agenda left. ( Except same and simmilar job )
2011 Sleeping Beauty#39;s castle
ajju
09-07 12:24 PM
I have master's degree from US and 6 years of experience
Recently.. EB2 has got more restricted and employers are scared to take this path now... But that does not mean you can't apply as EB2...
Earlier BS+5 years was sure shot.. not anymore...
Still MS+few years (6 in your case) should qualify as EB2.. But Job must be needing a MS qualification.. And its difficult to qualify from job/employer point of view if you are doing mere consulting that any one (MS or BS) can do...
Hire a different lawyer and check with him.. Its mostly upto the lawyer what to do and what not.. Company lawyer will always think in best interest of the company not your's...
Recently.. EB2 has got more restricted and employers are scared to take this path now... But that does not mean you can't apply as EB2...
Earlier BS+5 years was sure shot.. not anymore...
Still MS+few years (6 in your case) should qualify as EB2.. But Job must be needing a MS qualification.. And its difficult to qualify from job/employer point of view if you are doing mere consulting that any one (MS or BS) can do...
Hire a different lawyer and check with him.. Its mostly upto the lawyer what to do and what not.. Company lawyer will always think in best interest of the company not your's...
more...
DDLMODES
07-06 10:34 AM
This will be a class action lawsuit which means that all the people who are in the same class as the plaintiff will get the benefit of the favourable decision. Now on whether to file or not, it is an individual decision but most of us have already prepared for the filling so there is no harm in going ahead with the filling. The worst will be to file again but nothing more than that can happen and as I have heard most of the attorney will not be charging again when people will be refiling their cases. So better to file your case and let USCIS reject rather than feel sorry later on if the judge rules in favour of the lawsuit.
Disclaimer: ( This is not a legal advise or IV's stand but a personal though process)
If I file today, how can I be in the same class with a guy that filed on the 2nd before the new bulletin came out ?? This is where I don't understand.
I think is more for them to get a lot of people affected thus give the lawsuit more weight and also to justify the billing.
As for whether competing for visa numbers is fair or not, of course is not...
Disclaimer: ( This is not a legal advise or IV's stand but a personal though process)
If I file today, how can I be in the same class with a guy that filed on the 2nd before the new bulletin came out ?? This is where I don't understand.
I think is more for them to get a lot of people affected thus give the lawsuit more weight and also to justify the billing.
As for whether competing for visa numbers is fair or not, of course is not...
capriol
06-29 02:48 PM
Friends, my AP renewal was received by TSC on June 7th (the receipt notice says that), but the on-line status check still says Initial Review. Any body in the same boat waiting with a June 7 receipt date still pending/Intial Review? Or has your case been approved as of that date? Please let me know.
more...
desidas
02-01 01:49 PM
Logiclife,
Below is a recent story on travel on AP. I see many posts where folks are asked at POE by CBP offcials if they are still working from the petitioning employer.
Can you advise why CBP officers are even asking to several AP travellers if they are still working for the GC petitioning employer?
My situation: I am not working for the petitioning employer anymore and dont have an attorney as well and so need to get prepared to answer the CBP officails why i am not working for the petitioning employer at POE and you know, CBP officails dont understand AC-21 etc
Please read below.
================================================== =
japs19
Junior Member Join Date: May 2006
Posts: 22
My story...
--------------------------------------------------------------------------------
I feel like sharing mine as mine is the most horrifying.
After scanning my expired H-1 and reviewing my AP, I was sent to "secondary check" where they ask you few questions and verify the authenticity of the documents.
I was asked if I work for the original petitioner? I said no, currently I work for another employer. I showed them my H-1 approval (I-797). The CBP officer was about to stamp my AP and he was told by a "side-kick" that I have to be employed at the same employer otherwise what is the guarantee that I will go and work for that employer. I calmly explained the fact that GC is for future employment and per AC-21 I can change after 180 days. The CBP officer said wait here and then he walked in to some room. He returned after 20 minutes and I was told to go and wait and other officer will take care of the situation. From one officer to another and another to another. I was asked if I am trying to do any fraud. Finally after 5 hours of questioning, I somewhat lost my temper and told them that either send me back to home country or let me go. So after making few phone calls, they concluded that they don't have access to all my records on their system and it is very gray situation so the office in downtown will take care of the situation.
They took my passport, AP, H-1 approval letter and told me to go to downtown office after 30 days and they will decide what to do.
My lawyer was kind enough to accompany me as she was also upset with their act. When I went there, we were rudely asked completely out of place questions which had nothing to do with whose employer I work for or anything and I was told that "I" confused CBP officers by showing AP and H-1 and I should have just shown them AP and everything would have been fine. I am the culprit and I choose to get myself in trouble.....
I said nothing and just saw him stamping my AP and walked out. I don't know what to conclude out of it. But A friend of mine had valid H-1 and AP and they asked "has any one applied for AOS for you?" he said yes. They asked him to show 485 and AP if he had and same story,,,one officer to another and another to another which lasted for 3 hours and finally his H-1 was stamped.
So, again I am not sure what they are trying to get out of this but this is happening at the airport. I am not trying to scare anyone but just be prepared to deal with such situation and keep in mind that you are not doing any fraud and keep the honesty.
Below is a recent story on travel on AP. I see many posts where folks are asked at POE by CBP offcials if they are still working from the petitioning employer.
Can you advise why CBP officers are even asking to several AP travellers if they are still working for the GC petitioning employer?
My situation: I am not working for the petitioning employer anymore and dont have an attorney as well and so need to get prepared to answer the CBP officails why i am not working for the petitioning employer at POE and you know, CBP officails dont understand AC-21 etc
Please read below.
================================================== =
japs19
Junior Member Join Date: May 2006
Posts: 22
My story...
--------------------------------------------------------------------------------
I feel like sharing mine as mine is the most horrifying.
After scanning my expired H-1 and reviewing my AP, I was sent to "secondary check" where they ask you few questions and verify the authenticity of the documents.
I was asked if I work for the original petitioner? I said no, currently I work for another employer. I showed them my H-1 approval (I-797). The CBP officer was about to stamp my AP and he was told by a "side-kick" that I have to be employed at the same employer otherwise what is the guarantee that I will go and work for that employer. I calmly explained the fact that GC is for future employment and per AC-21 I can change after 180 days. The CBP officer said wait here and then he walked in to some room. He returned after 20 minutes and I was told to go and wait and other officer will take care of the situation. From one officer to another and another to another. I was asked if I am trying to do any fraud. Finally after 5 hours of questioning, I somewhat lost my temper and told them that either send me back to home country or let me go. So after making few phone calls, they concluded that they don't have access to all my records on their system and it is very gray situation so the office in downtown will take care of the situation.
They took my passport, AP, H-1 approval letter and told me to go to downtown office after 30 days and they will decide what to do.
My lawyer was kind enough to accompany me as she was also upset with their act. When I went there, we were rudely asked completely out of place questions which had nothing to do with whose employer I work for or anything and I was told that "I" confused CBP officers by showing AP and H-1 and I should have just shown them AP and everything would have been fine. I am the culprit and I choose to get myself in trouble.....
I said nothing and just saw him stamping my AP and walked out. I don't know what to conclude out of it. But A friend of mine had valid H-1 and AP and they asked "has any one applied for AOS for you?" he said yes. They asked him to show 485 and AP if he had and same story,,,one officer to another and another to another which lasted for 3 hours and finally his H-1 was stamped.
So, again I am not sure what they are trying to get out of this but this is happening at the airport. I am not trying to scare anyone but just be prepared to deal with such situation and keep in mind that you are not doing any fraud and keep the honesty.
2010 Sleeping Beauty Castle
Macaca
08-13 09:33 PM
I am posting the sheet. It is a rough draft. We will revise it tomorrow. I will keep revising it in place tomorrow, so please keep checking!
Please post comments preferably supported by URL based facts. Thanks!
Please post comments preferably supported by URL based facts. Thanks!
more...
franklin
12-09 09:06 PM
wait, Franklin,
1. Did you get already your GC approved?
Yes
2. I think you DO need PD to be current for GC approval. In best case scenario, GC could be approved in matter of 10-15 days, so for July filers there were some GC numbers available, and few lucky ones got their approvals. This is how I see it... please correct me if I'm wrong.
I thought the same too, and I think it was the incredibly rare exception - I must have been assigned a visa number VERY quickly and probably benefited from the confusion at the agencies in the summer. AOS applied early June, FP was completed early July, and I am lucky to have a pretty unusual name. My PD was April 04, my card was received before the DC rally - Visa Bulletin for my category was Aug 02 at the time of approval... .
3. It would be interesting if shimul99 would share with us as when exactly his status was adjudicated. I've read somewhere that there are cases, that people got their GCs approved by mistake and lawyers suggested to inform CIS and return the GC. These people were then having their statuses adjudicated when their PDs were becoming current.
Sorry - I missed these questions...
The system is unfair and broken. Just because I benefited from the current system, doesn't make that statement false
1. Did you get already your GC approved?
Yes
2. I think you DO need PD to be current for GC approval. In best case scenario, GC could be approved in matter of 10-15 days, so for July filers there were some GC numbers available, and few lucky ones got their approvals. This is how I see it... please correct me if I'm wrong.
I thought the same too, and I think it was the incredibly rare exception - I must have been assigned a visa number VERY quickly and probably benefited from the confusion at the agencies in the summer. AOS applied early June, FP was completed early July, and I am lucky to have a pretty unusual name. My PD was April 04, my card was received before the DC rally - Visa Bulletin for my category was Aug 02 at the time of approval... .
3. It would be interesting if shimul99 would share with us as when exactly his status was adjudicated. I've read somewhere that there are cases, that people got their GCs approved by mistake and lawyers suggested to inform CIS and return the GC. These people were then having their statuses adjudicated when their PDs were becoming current.
Sorry - I missed these questions...
The system is unfair and broken. Just because I benefited from the current system, doesn't make that statement false
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bluekayal
10-17 12:05 PM
Schedule A group 2 is "exceptional ability" similar to the EB1 but with less stringent guidelines. You have to show international acclaim. I work for a non-profit that has international links.
How did u change from EB2 to SCH A worker? wahts the basis for that?
How did u change from EB2 to SCH A worker? wahts the basis for that?
more...
indian111
07-01 03:03 PM
I selected INDIA-INDIA and got my AP approval
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SK2007
11-29 05:17 PM
All,
My wife and I applied for EAD together almost 110 days back. My EAD came through within 60 days but no signs of any progress on my wife's EAD.
Are more of you facing the same issue? We called USCIS and the officer expected another 3-4 month delay.
What are our Options? I thought USCIS had a commitment to send out EADs within 90 days! Any idea why the interim EAD thing was dropped? Any exceptions under which they actually give interim EADs?
Thanks,
What is your wife's situation, is it simple H4 to EAD? I have seen dependent EADs delayed if they are coming from F1.
My wife and I applied for EAD together almost 110 days back. My EAD came through within 60 days but no signs of any progress on my wife's EAD.
Are more of you facing the same issue? We called USCIS and the officer expected another 3-4 month delay.
What are our Options? I thought USCIS had a commitment to send out EADs within 90 days! Any idea why the interim EAD thing was dropped? Any exceptions under which they actually give interim EADs?
Thanks,
What is your wife's situation, is it simple H4 to EAD? I have seen dependent EADs delayed if they are coming from F1.
more...
house ETCHED DISNEYLAND CASTLE WITH
wikipedia_fan
07-04 11:11 PM
I am in the same boat and my employer has decided that they will revoke I-140 no matter what. Can you tell me how did you find out that your employer revoked your I-140. Maybe he/they did not. But my firm is really big and they go by the rules. So I just want to know whenever employer sends the revocation, does USCIS always revoke or it is upto their discretion whether or not to revoke. Problem is I do not have a job yet so I cannot even file for AC21.
From what I have researched over the internet, employer can withdraw anytime. USCIS may work on it anytime, maybe in a month or 6 months or probably when they adjujicate/preadjujicate your case. It depends on the VO working on your case to give an RFE or a NOID or a denial. It has happened in recent times, check out some threads on and immigration.com.
The chances that AC21 letter never reaches your file is high, because AC21 letter is not associated with any form. But it is advisable to send the AC21 letter and keep a record of the tracking information.
I am still trying to understand why AC21 makes things so complicated? Like, why should your AC21 letter not reach your file and why must a VO issue a straight denial or NOID? Is AC21 a black hole in some cases?
From what I have researched over the internet, employer can withdraw anytime. USCIS may work on it anytime, maybe in a month or 6 months or probably when they adjujicate/preadjujicate your case. It depends on the VO working on your case to give an RFE or a NOID or a denial. It has happened in recent times, check out some threads on and immigration.com.
The chances that AC21 letter never reaches your file is high, because AC21 letter is not associated with any form. But it is advisable to send the AC21 letter and keep a record of the tracking information.
I am still trying to understand why AC21 makes things so complicated? Like, why should your AC21 letter not reach your file and why must a VO issue a straight denial or NOID? Is AC21 a black hole in some cases?
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B+ve
08-28 03:56 PM
I got a FP notice for next month. It is certainly not related to AP or EAD renewal, since I don't have any pending AP or EAD renewal. I got my EAD renewed last March and AP in May. So hoping that I got the FP notice since they started looking at my 485 application and something positive will be end result.
Good luck.
Did you leave US and come back during last year?
Good luck.
Did you leave US and come back during last year?
more...
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mpadapa
10-08 09:18 PM
time for a bump
dresses Castle at Walt Disney
H1b Guy
11-15 02:12 PM
Thanks Everybody..........for your suggestion and advice......you guys are great...
more...
makeup Disney by Randy souders
.jpg "ETCHED DISNEYLAND CASTLE WITH")
aadimanav
08-22 02:27 PM
Mar 05 is my live PD. I mean i had other PD's in past but they were substituted.
What is the Point aadimanav ?
No point man. It was just a friendly question.
What is the Point aadimanav ?
No point man. It was just a friendly question.
girlfriend Disney Castle at night picture
desi3933
06-29 05:52 PM
To so called "freedom figher"
Court cases are filed with legal basis. Not on emotional outburst.
I suggest that you spend your $100 to get an advice from lawyer on your "points" including the meaning for "We the People".
.
Court cases are filed with legal basis. Not on emotional outburst.
I suggest that you spend your $100 to get an advice from lawyer on your "points" including the meaning for "We the People".
.
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AuntyDan
10-17 07:55 PM
Spouse working - Yes, in theory they could allow H4 to work. However would that be any job? If so then the H4 would actually be far better off than the H-1B who is restricted by job category and employer qualification
Long term - Yes, in theory, a 20 year H-1B takes some of the stress off. But what of Citizenship? If you stay 20 years you'd want to at least have the option of becoming a US citizen. At present I believe only a GC holder has the option to progress to citizenship.
Employer based - This is the key. Unless an H-1B is no longer employer sponsored but self-sposored then the H-1B holder is still living on a knife-edge and can be sent back home at any moment if their employer fires them or goes under and they cannot secure another similar job quickly enough.
So yes, they could make H-1B 20 years, allow spouse to work, allow application for citizenship and make it self-sponsored and not employer dependant. But why do that? They already have this kind of Visa. It's called a Green Card.
Long term - Yes, in theory, a 20 year H-1B takes some of the stress off. But what of Citizenship? If you stay 20 years you'd want to at least have the option of becoming a US citizen. At present I believe only a GC holder has the option to progress to citizenship.
Employer based - This is the key. Unless an H-1B is no longer employer sponsored but self-sposored then the H-1B holder is still living on a knife-edge and can be sent back home at any moment if their employer fires them or goes under and they cannot secure another similar job quickly enough.
So yes, they could make H-1B 20 years, allow spouse to work, allow application for citizenship and make it self-sponsored and not employer dependant. But why do that? They already have this kind of Visa. It's called a Green Card.
getgreensoon1
05-06 09:33 AM
Come on.. we are not talking about hiring.. No company is waiting in line to hire anybody coming out from Aspen University with Masters Degree.
What we are talking here is whether One holding 3 yr bachelors Degree from India be eligible to apply under EB-2 category after completing Masters Degree from an accredited university.
If the PERM Job description says " Masters Degree"
GO home and stand in front of a mirror and ask yourself if your 3 year degree and a masters bought for 4k will get you a greencard in eb2.
What we are talking here is whether One holding 3 yr bachelors Degree from India be eligible to apply under EB-2 category after completing Masters Degree from an accredited university.
If the PERM Job description says " Masters Degree"
GO home and stand in front of a mirror and ask yourself if your 3 year degree and a masters bought for 4k will get you a greencard in eb2.
chi_shark
07-26 10:04 PM
assuming you have done everything for registration of the company... you are all set... no other formalities. you may want to write bye-laws of the company if you wish to pursue vc funding or partners... other than that you should be good..
if you are a new company, very likely that you got a credit card that is backed by your personal credit... thats somethign to take care off.
After incorporating the company in one of the states. What are the next important things one as a owner of the company needs to take care of especially if it is in IT product development area ( ofcourse including consulting but not purely comparable to predominent desi consultancy services)
Specifically in the following category:
1. If you are selling IT software products and services, what are the legal necessary formalities one needs to take care of?
2. How about expanding the branches in outside USA? May be a branch office in India to leverage huge technical resources? Any legal or other things to be taken care of ?
3. Bank Accounts next steps
4. Credits Credit Cards. What are the precautions one needs to take care of?
Any other thoughts....
if you are a new company, very likely that you got a credit card that is backed by your personal credit... thats somethign to take care off.
After incorporating the company in one of the states. What are the next important things one as a owner of the company needs to take care of especially if it is in IT product development area ( ofcourse including consulting but not purely comparable to predominent desi consultancy services)
Specifically in the following category:
1. If you are selling IT software products and services, what are the legal necessary formalities one needs to take care of?
2. How about expanding the branches in outside USA? May be a branch office in India to leverage huge technical resources? Any legal or other things to be taken care of ?
3. Bank Accounts next steps
4. Credits Credit Cards. What are the precautions one needs to take care of?
Any other thoughts....
