chanduv23
03-22 11:21 AM
>> AC21 memo is a real memo.
Wow, what an ignorance. May I ask, what do you mean by "real memo".
Read previous post and get enlightened. I can't believe that you guys even don't have distinctions about law, CFR, and memos.
AC-21 is law.
Hope it helps.
________________
Not a legal advice.
Correct. It is a bill that was signed into a law. Though USCIS follows AC21 in form of Memos, the law is binding and that's why we see that AC21 always works . It cannot be compared to the new h1b memo.
Wow, what an ignorance. May I ask, what do you mean by "real memo".
Read previous post and get enlightened. I can't believe that you guys even don't have distinctions about law, CFR, and memos.
AC-21 is law.
Hope it helps.
________________
Not a legal advice.
Correct. It is a bill that was signed into a law. Though USCIS follows AC21 in form of Memos, the law is binding and that's why we see that AC21 always works . It cannot be compared to the new h1b memo.
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santb1975
12-02 10:53 PM
We will add this to our Holiday contribution thread
As some one suggested ads are good source, I think the local state chapters should encourage members to donate/ join for recrurring contributions.
I just contributed $300. I will sign up for recurring ...
Google Order #448925927215726
Sunil
PD: Eb2 - 05
Contributions so far: $500
Member of North California Chapter
As some one suggested ads are good source, I think the local state chapters should encourage members to donate/ join for recrurring contributions.
I just contributed $300. I will sign up for recurring ...
Google Order #448925927215726
Sunil
PD: Eb2 - 05
Contributions so far: $500
Member of North California Chapter
chanduv23
03-13 10:00 PM
I am still on H1 (not utilized EAD), the visa on my passport expired last year. Planning to visit India next week, should I be getting a visa stamped or use AP?
APPRECIATE INPUTS. Any USCIS link will also help.
Regards
Though it is not related to this thread, it is a decision that only u can make. A friend of mine whose priority date is nowhere close and is still on h1b used his AP to reenter the US and when I asked him why he did not want visa stamping - he said "who will go through all the hasstles of appointments, stanidng in queue, wasting precious vacation time when you have a AP to reenter" . Now thats him - but u can make ur own decision based on ur corcumstance.
APPRECIATE INPUTS. Any USCIS link will also help.
Regards
Though it is not related to this thread, it is a decision that only u can make. A friend of mine whose priority date is nowhere close and is still on h1b used his AP to reenter the US and when I asked him why he did not want visa stamping - he said "who will go through all the hasstles of appointments, stanidng in queue, wasting precious vacation time when you have a AP to reenter" . Now thats him - but u can make ur own decision based on ur corcumstance.
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deletedUser459
06-14 05:18 PM
Go Van Halen!
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you forgot white!
more...
saileshdude
03-31 10:29 AM
Hello,
Here is my case trail
worked with employer A from June 2005 on h1b visa.
Employer A applied for GC under PERM EB2 with PD - March, 2nd 2006 - labor approved in a couple of weeks
Employer A applied for i 140 in June 2006 and got approved in July 2006
Filed for i 485 in July 2008 never received FP notices
Project got over in last week of February 2008 and unable to find new project.
I switched jobs in last week of April 2008 using EAD - using AC21
Sent AC21 letter to USCIS in July 2008 about job change.
Employer A requested 140 revoke in August 2008.
Spouse got FP notice in August 2008 whereas I (primary) got NOID asking for new employment details.
Responded to NOID in a timely manner and on August 25th, 2008 - my status changed to "Response received - case processing resumed"
In Jan 2009 I got my FP notice.
In Jan 2009 - I travelled using AP and got back fine.
In March 2009 - I got a denial notice saying "485 is denied because 140 was revoked on August 2008. No appeal only MTR" - thisletter comes from a different officer id than the one who sent the NOID.
My question to UN and other gurus. Does it have anything to do with a changed interpretation? My lawyer says "This is a training issue - the new officer did not know about AC21 and as soon as he/she saw 140 as revoked - just ignored your other details on the case and issued a denial notice. This is very common and can be resolved using MTR"
Your lawyer is probably correct. This has to do with IO who are not aware of AC21 laws. But make sure your employer did not have any issues with DOL, USCIS in responding to RFEs related to other employees like H1 RFE, ability to pay , etc which may be used against your application.
Here is my case trail
worked with employer A from June 2005 on h1b visa.
Employer A applied for GC under PERM EB2 with PD - March, 2nd 2006 - labor approved in a couple of weeks
Employer A applied for i 140 in June 2006 and got approved in July 2006
Filed for i 485 in July 2008 never received FP notices
Project got over in last week of February 2008 and unable to find new project.
I switched jobs in last week of April 2008 using EAD - using AC21
Sent AC21 letter to USCIS in July 2008 about job change.
Employer A requested 140 revoke in August 2008.
Spouse got FP notice in August 2008 whereas I (primary) got NOID asking for new employment details.
Responded to NOID in a timely manner and on August 25th, 2008 - my status changed to "Response received - case processing resumed"
In Jan 2009 I got my FP notice.
In Jan 2009 - I travelled using AP and got back fine.
In March 2009 - I got a denial notice saying "485 is denied because 140 was revoked on August 2008. No appeal only MTR" - thisletter comes from a different officer id than the one who sent the NOID.
My question to UN and other gurus. Does it have anything to do with a changed interpretation? My lawyer says "This is a training issue - the new officer did not know about AC21 and as soon as he/she saw 140 as revoked - just ignored your other details on the case and issued a denial notice. This is very common and can be resolved using MTR"
Your lawyer is probably correct. This has to do with IO who are not aware of AC21 laws. But make sure your employer did not have any issues with DOL, USCIS in responding to RFEs related to other employees like H1 RFE, ability to pay , etc which may be used against your application.
arunkotte
07-29 09:02 PM
Based on my research I found out that net assets for an S corporation can be found on Schedule L on 1120S. Net assets=[sum of lines (1d-5d)] minus [sum of lines (16d-18d)].
If net assets+existing wage>proffered wage, the company has ability to pay.
frustrated2007,
Thanks for the info, In that case my firms tax returns show healthy net assets , lot more than the proofered wage. But I am still worried about the previous americandesi post about requiring Audited Financial statements to show net assets. I don't think my company will spare the time and money to prepare audited financials.
If net assets+existing wage>proffered wage, the company has ability to pay.
frustrated2007,
Thanks for the info, In that case my firms tax returns show healthy net assets , lot more than the proofered wage. But I am still worried about the previous americandesi post about requiring Audited Financial statements to show net assets. I don't think my company will spare the time and money to prepare audited financials.
more...
singhsa3
05-23 02:41 PM
Same thing for HR 5921
For HR 5882, From 2 to...
COSPONSORS(13), ALPHABETICAL
Rep Abercrombie, Neil [HI-1] - 5/13/2008 Rep Capuano, Michael E. [MA-8] - 5/13/2008
Rep Carter, John R. [TX-31] - 5/13/2008 Rep Cuellar, Henry [TX-28] - 5/15/2008
Rep Davis, Tom [VA-11] - 4/24/2008 Rep Gilchrest, Wayne T. [MD-1] - 5/13/2008
Rep Honda, Michael M. [CA-15] - 5/13/2008 Rep Jackson-Lee, Sheila [TX-18] - 5/13/2008
Rep Nadler, Jerrold [NY-8] - 5/22/2008 Rep Roybal-Allard, Lucille [CA-34] - 5/22/2008
Rep Sensenbrenner, F. James, Jr. [WI-5] - 4/23/2008 Rep Shadegg, John B. [AZ-3] - 5/13/2008
Rep Speier, Jackie [CA-12] - 5/22/2008
For HR 5882, From 2 to...
COSPONSORS(13), ALPHABETICAL
Rep Abercrombie, Neil [HI-1] - 5/13/2008 Rep Capuano, Michael E. [MA-8] - 5/13/2008
Rep Carter, John R. [TX-31] - 5/13/2008 Rep Cuellar, Henry [TX-28] - 5/15/2008
Rep Davis, Tom [VA-11] - 4/24/2008 Rep Gilchrest, Wayne T. [MD-1] - 5/13/2008
Rep Honda, Michael M. [CA-15] - 5/13/2008 Rep Jackson-Lee, Sheila [TX-18] - 5/13/2008
Rep Nadler, Jerrold [NY-8] - 5/22/2008 Rep Roybal-Allard, Lucille [CA-34] - 5/22/2008
Rep Sensenbrenner, F. James, Jr. [WI-5] - 4/23/2008 Rep Shadegg, John B. [AZ-3] - 5/13/2008
Rep Speier, Jackie [CA-12] - 5/22/2008
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addsf345
08-20 01:11 PM
With different employer, you can get 3 years as well, if the new employer has filed for a new PERM and you have received an approved I-140.
that is logical, but I am asking if I transfer now, which will be a simple H1B transfer - would I get only 6 months.
I actually received 3 years extension 2 weeks back with same employer, but considering another offer.
From what you said, it looks like the new employer can not get 3 years extension.:(
that is logical, but I am asking if I transfer now, which will be a simple H1B transfer - would I get only 6 months.
I actually received 3 years extension 2 weeks back with same employer, but considering another offer.
From what you said, it looks like the new employer can not get 3 years extension.:(
more...
12samanta
06-06 04:18 PM
I called all of them yesterday.
hair few months and I want him
sureshn22
12-21 09:51 PM
vfs received my passport today i.e., Dec 18th. Dec 6th 1400 hrs was the H1b appointment.
Here's an extract from Mr.Aytes
>>>
PIMS (Petition Information Management System)
Under PIMS, every consul must see information of an I-129 petition on the system before issuing a visa. As background information, we reproduce the following from an advisory on AILA Infonet:
�Under PIMS, I-129 petitions requesting consular notification as the procedural benefit are sent to KCC (Kentucky Consular Center) after approval. KCC enters key data from the petition into PIMS and scans in key documents such as I-129 form, employer support letter, and identification documents of beneficiary. KCC also performs some database checks looking for evidence of fraud, violations, or other adverse history and records (including from SEVIS) and records its findings in PIMS. When a post is ready to grant a visa based on a petition (and apparently this includes derivatives), it must confirm the petition in PIMS before issuance. DOS knows that USCIS has not been sending change of status or extension of stay petitions to KCC at all, and we expect that interagency discussions are underway about changing that. We know also that even some consular notification petitions have not been sent to KCC. Any petition not sent to KCC will not show up in PIMS, and there may be other reasons why a petition sent to KCC does not show up in PIMS. When a post does not find a petition in PIMS, it must email to KCC, which unlike posts has direct access to USCIS' CLAIMS3 system where USCIS records petition approvals. KCC will record the fact of the petition approval and any other information it chooses, and when posts check PIMS they can find the information on which visa approval can be based. But until the post sees the petition in PIMS, the visa cannot be granted.�
Mr. Aytes acknowledged that PIMS caught consuls by surprise. Every client must be warned of a wait of 2-4 working days before being issued a visa at an overseas consular post. It is likely that an I-129 petition filed as a change or extension of status will result in further delays as USCIS does not send information on those petitions to the KCC.
>>>
My wife attended H4 Visa interview on 6th but we are yet to receive passport. VFS is clueless and Consulate answers 3-4 working days everytime we call them. Is anyone facing this situation?
Here's an extract from Mr.Aytes
>>>
PIMS (Petition Information Management System)
Under PIMS, every consul must see information of an I-129 petition on the system before issuing a visa. As background information, we reproduce the following from an advisory on AILA Infonet:
�Under PIMS, I-129 petitions requesting consular notification as the procedural benefit are sent to KCC (Kentucky Consular Center) after approval. KCC enters key data from the petition into PIMS and scans in key documents such as I-129 form, employer support letter, and identification documents of beneficiary. KCC also performs some database checks looking for evidence of fraud, violations, or other adverse history and records (including from SEVIS) and records its findings in PIMS. When a post is ready to grant a visa based on a petition (and apparently this includes derivatives), it must confirm the petition in PIMS before issuance. DOS knows that USCIS has not been sending change of status or extension of stay petitions to KCC at all, and we expect that interagency discussions are underway about changing that. We know also that even some consular notification petitions have not been sent to KCC. Any petition not sent to KCC will not show up in PIMS, and there may be other reasons why a petition sent to KCC does not show up in PIMS. When a post does not find a petition in PIMS, it must email to KCC, which unlike posts has direct access to USCIS' CLAIMS3 system where USCIS records petition approvals. KCC will record the fact of the petition approval and any other information it chooses, and when posts check PIMS they can find the information on which visa approval can be based. But until the post sees the petition in PIMS, the visa cannot be granted.�
Mr. Aytes acknowledged that PIMS caught consuls by surprise. Every client must be warned of a wait of 2-4 working days before being issued a visa at an overseas consular post. It is likely that an I-129 petition filed as a change or extension of status will result in further delays as USCIS does not send information on those petitions to the KCC.
>>>
My wife attended H4 Visa interview on 6th but we are yet to receive passport. VFS is clueless and Consulate answers 3-4 working days everytime we call them. Is anyone facing this situation?
more...
gc_lover
07-10 02:55 PM
talked to my attorney and he did get 1 or 2 applications back from USCIS. but he is not sure whether it is from July 2nd filers or after that.
obviously they are returning applications.
Were they send back after the delivery acceptance from USCIS? Or were they send back because USCIS refused to accept the package from fedex/ups/usps?
obviously they are returning applications.
Were they send back after the delivery acceptance from USCIS? Or were they send back because USCIS refused to accept the package from fedex/ups/usps?
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jindhal
08-25 04:06 PM
is crappy...
they provide "technically free" money transfers to india.
They do not charge you anything for transferring but their profit is from offering a much lower rate for transfers than the official rate. I have had different time lag between initiate and transfer on different days. Not sure if their transfer is delayed or preponed based on rate but they do take a hell lot long to transfer. I earlier used to suggest M2I from icici nowadays its remit 2 india. Cust service is crappy regardless of where you go, cos in the end these companies are desi..and the cust service is also desi. They treat you like crap (just like the rest of the population back home) and I dont expect anything different anytime soon.
they provide "technically free" money transfers to india.
They do not charge you anything for transferring but their profit is from offering a much lower rate for transfers than the official rate. I have had different time lag between initiate and transfer on different days. Not sure if their transfer is delayed or preponed based on rate but they do take a hell lot long to transfer. I earlier used to suggest M2I from icici nowadays its remit 2 india. Cust service is crappy regardless of where you go, cos in the end these companies are desi..and the cust service is also desi. They treat you like crap (just like the rest of the population back home) and I dont expect anything different anytime soon.
more...
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Bone
06-15 07:51 AM
Just had a bit of fun messing around with this, here's what I came up with. A good idea but poor execution IMO :).
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garybanz
11-26 01:45 PM
Why do people stay on H1 after getting EAD
1) Traditionally EAD was available to people who had a current PD, so staying on H1 for about an additional year did not matter much. But now if we have EAD and we need to wait for like 5 years to get the GC then the wait time is high enough for taking a calculated risk.
2) Cost is not an issue, if at all you'll save the cost of renewing H1 again and again.
3) I hear 485 rejections are very rare...I don't have any stats to back this point but seems like the reasons for rejections are such that a second application can't fix it. So if your 485 is rejected then you will never get a GC...again what benefit are you holding onto by staying in H1?
4) Do not forget that usually the attorney advising you to stay on H1 is also the one who will renew the H1, so there is a vested interest in his advise. I am not suggesting that they are necessarily giving out bad advise, just that we should not forget where that advise is coming from.
My take is that if you see a substantial change in your situation (>25% salary advantage, Starting own company etc) then you should go for using EAD. On the other hand if you have H4 Kids in school, have a house here or for any other reason not willing to take a small chance about the possibility of having to go back to the home country then you should just stay on H1.
1) Traditionally EAD was available to people who had a current PD, so staying on H1 for about an additional year did not matter much. But now if we have EAD and we need to wait for like 5 years to get the GC then the wait time is high enough for taking a calculated risk.
2) Cost is not an issue, if at all you'll save the cost of renewing H1 again and again.
3) I hear 485 rejections are very rare...I don't have any stats to back this point but seems like the reasons for rejections are such that a second application can't fix it. So if your 485 is rejected then you will never get a GC...again what benefit are you holding onto by staying in H1?
4) Do not forget that usually the attorney advising you to stay on H1 is also the one who will renew the H1, so there is a vested interest in his advise. I am not suggesting that they are necessarily giving out bad advise, just that we should not forget where that advise is coming from.
My take is that if you see a substantial change in your situation (>25% salary advantage, Starting own company etc) then you should go for using EAD. On the other hand if you have H4 Kids in school, have a house here or for any other reason not willing to take a small chance about the possibility of having to go back to the home country then you should just stay on H1.
more...
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walking_dude
12-03 12:28 PM
How do you suggest IV 'forum' improves the Signal-to-Noise ratio?
Right now it's too noisy and is driving away determined members (http://immigrationvoice.org/forum/showthread.php?p=199027#post199027)!
How do you know what I care about and not? I can give some famous examples of GC holders working for IV - Aman Kapoor founder member, Tamsen Mitchell (franklin) leader of South California chapter, and many more.
I may remain active if I feel the cause is worth spending my time, money and effort. Right now, a crowd of 25,000 tracking receipts and discussing mundane issues doesn't give me the confidence to say so. I have better things in life to fight for than a lost cause where the victims (most of them) wait for others to fight for them !
....
However, we must not under play the fact that an organizations of need-based and issue based type ALWAYS has floating members.
For example....if your GC gets approved tomorrow...I'll bet that you'll not care less about the forum.
Best!
Right now it's too noisy and is driving away determined members (http://immigrationvoice.org/forum/showthread.php?p=199027#post199027)!
How do you know what I care about and not? I can give some famous examples of GC holders working for IV - Aman Kapoor founder member, Tamsen Mitchell (franklin) leader of South California chapter, and many more.
I may remain active if I feel the cause is worth spending my time, money and effort. Right now, a crowd of 25,000 tracking receipts and discussing mundane issues doesn't give me the confidence to say so. I have better things in life to fight for than a lost cause where the victims (most of them) wait for others to fight for them !
....
However, we must not under play the fact that an organizations of need-based and issue based type ALWAYS has floating members.
For example....if your GC gets approved tomorrow...I'll bet that you'll not care less about the forum.
Best!
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chanduv23
06-07 10:03 AM
Mr Logiclife - you have put things in an excellent manner. It is very true that we are no less than citizens. Citizens, non citizens, aliens etc.. are terms used widely that actually confuse people. For example the term "illegal immigrant" sounds more immigrant than a "legal alien". People just dont understand what is what. I have noticed a lot of people having their own wrong opinions about h1b visa holders. People do not understand what is what. In fact most people on h1b visa do not even know or understand retrogression or other issues. For eg.. I was talking to my friend in India and told him about the issues here, he did not understand, he thought I am having a tough time here and told me he has some friends in US who can help me out with immigration problems. When I explained our issues to some people here, some understood and some did not, they told me they know some lawyers who are very good and can help. One of my old employer started a new company in Atlanta and contacted me and asked me to join, but I told him I cannot because I am stuck with my ppresent employer and will lose priority date blah... he did not understand that and was confused.
Mr Logiclife - what I am trying to say is we have to broadcast and educate people that we are no less than anyone. We have to educate our own folks first that none of the skilled immigrants are less previliged. If a section of your website is dedicated for this effort, it will be great.
Mr Logiclife - what I am trying to say is we have to broadcast and educate people that we are no less than anyone. We have to educate our own folks first that none of the skilled immigrants are less previliged. If a section of your website is dedicated for this effort, it will be great.
more...
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GCBy3000
11-16 02:24 PM
He is not talking about Indians, rather he talks about H1b in general. Since India does not have equivalent social security system, US Govt and Indian Govt did not sign any contracts. Other countries like Canada / UK / AUS have mutual agreement between them and US for transferring the social security paid in US to be transferred to their home country if the alien returns to the home country.
Even Indian Govt (P.Chidambaram) I beleive is working with US Govt to get these SS paid by Indians who have returned back to India. Since the US system and Indian system does not allow with the current rules and regulations to transfer the amount, it is stalled. may be down the line even India would work with US to get these amounts back.
I heard something like this, but not sure: If you decide to move back to India, you can fill out a form and submit to INS/IRS which states that you will never come back to US for any reason. If you do it, they will pay your SS money back. I dont know anymore about this.
I agree. this kind of slander should be fought. Not only SS, but Medicare, Unemployment, and Federal state and city taxes.
Besides getting benefit from taxes, we cannot avail of any of the other benefits (SS, Medicare, Unemployment)
A lawsuit should shut them all up, and also show we are not weak or helpless.
We are not slaves, and unlike illegals do not have to beg for mercy. After suffering the entire immigration process, to hear lies like this should not be taken lying down
Even Indian Govt (P.Chidambaram) I beleive is working with US Govt to get these SS paid by Indians who have returned back to India. Since the US system and Indian system does not allow with the current rules and regulations to transfer the amount, it is stalled. may be down the line even India would work with US to get these amounts back.
I heard something like this, but not sure: If you decide to move back to India, you can fill out a form and submit to INS/IRS which states that you will never come back to US for any reason. If you do it, they will pay your SS money back. I dont know anymore about this.
I agree. this kind of slander should be fought. Not only SS, but Medicare, Unemployment, and Federal state and city taxes.
Besides getting benefit from taxes, we cannot avail of any of the other benefits (SS, Medicare, Unemployment)
A lawsuit should shut them all up, and also show we are not weak or helpless.
We are not slaves, and unlike illegals do not have to beg for mercy. After suffering the entire immigration process, to hear lies like this should not be taken lying down
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itsokgc
07-15 03:13 PM
I came to know, where late about immigrationvoice. I really appreciate you efforts, for all the right causes of the legal immigrants.
I signed.
I signed.
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jsb
10-29 12:43 PM
So far from the poll results I see that most of us are here by choice ( though we are put thru GC waits). no matter what we will try to stay here until we reach our personal breaking point which would tigger us to look at alternatives.
Someone here asked what independence and freedom has to do with the Quit America thing. Most of the immigrant community feels that they are not given access to lot of things due to restrictions in their visas and unpredictable GC process. And the inconvenience and trouble their familes go through. With that in prespective I am thinking that we have lost atleast some of our freedom and independence.
This reason for this poll is to also make people think .
Of course, once you come to a new place, you lose some freedom, and take time to adjust to the new situation. If you or someone believes that by quiting US, one can achieve independence and freedom, by all means. I don't think America says that you HAVE TO work and live here. It is very simple to achieve such independence and freedom, resign, sell everything and catch a plane.
Someone here asked what independence and freedom has to do with the Quit America thing. Most of the immigrant community feels that they are not given access to lot of things due to restrictions in their visas and unpredictable GC process. And the inconvenience and trouble their familes go through. With that in prespective I am thinking that we have lost atleast some of our freedom and independence.
This reason for this poll is to also make people think .
Of course, once you come to a new place, you lose some freedom, and take time to adjust to the new situation. If you or someone believes that by quiting US, one can achieve independence and freedom, by all means. I don't think America says that you HAVE TO work and live here. It is very simple to achieve such independence and freedom, resign, sell everything and catch a plane.
mxh72c
10-06 10:31 PM
We are really now in a global credit/liquidity crisis. Please see the link below to see the cash crunch the major real estate players like DLF are in. This article is from July so you can imagine what September would have been like for them. Prices have already come down in major centres. Currently there is a game of chicken being played between builders and end use buyers. Every indication is that very soon builders will have to cut their losses and sell their flats at deep discounted prices.
http://economictimes.indiatimes.com/Markets/Real_Estate/News_/DLF_to_spend_Rs_500_cr_on_share_buyback/rssarticleshow/3190535.cms
http://economictimes.indiatimes.com/Markets/Real_Estate/News_/DLF_to_spend_Rs_500_cr_on_share_buyback/rssarticleshow/3190535.cms
prashanthg
08-19 01:13 PM
Gurus,
Please tell us what these poll numbers mean.
How many eb3-I are pending? How many are going to get approved every year if there are no spill overs?
My priority date is Sep-2002. What time frame am I looking at here?
Please tell us what these poll numbers mean.
How many eb3-I are pending? How many are going to get approved every year if there are no spill overs?
My priority date is Sep-2002. What time frame am I looking at here?
