Ramba
10-21 04:07 PM
How can USCIS can judge the legitimacy of the intent of the applicant - it can be very subjective and depend a lot on the way visa officer interprets. For example how long after six months is considered a "long wait"?
There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.
It is tricky. The intent can be proved only by how long the employee has worked for sponsor. If he/she worked considerable period (lets say for 2-3 years in non-immigrant visa (H.L,E) before filing 485 and worked for about 1 year after filing 485) then, it is very easy for the employee to prove his/her intent to have a permanent employment relationship with sponser, if employer try to revoke 140 based on the fact that employee does not have intent. The longivity of the employment relationship with sponser is a great proof. Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.
One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.
Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.
It is tricky. The intent can be proved only by how long the employee has worked for sponsor. If he/she worked considerable period (lets say for 2-3 years in non-immigrant visa (H.L,E) before filing 485 and worked for about 1 year after filing 485) then, it is very easy for the employee to prove his/her intent to have a permanent employment relationship with sponser, if employer try to revoke 140 based on the fact that employee does not have intent. The longivity of the employment relationship with sponser is a great proof. Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.
One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.
Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
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sundevil
03-12 11:27 PM
How does that work? There is no law or process to connect an abandoned labor. I had approved labor with a PD of 1999 that got lost when I switched companies. But no one seems to be connecting that to me.
Its not a rumor. This is real. Coming to think abt it, he had filed a labor in 2000/2001 time period and had abandoned it when he switched companies. I am wondering if USCIS takes the oldest one an applicant had ever filed.
Its not a rumor. This is real. Coming to think abt it, he had filed a labor in 2000/2001 time period and had abandoned it when he switched companies. I am wondering if USCIS takes the oldest one an applicant had ever filed.
greyhair
04-29 10:36 PM
Link to the video of the Senate immigration
C-SPAN Video Player - Senate Majority Leader Reid & Democratic Members on Immigration Reform (http://www.cspan.org/Watch/Media/2010/04/29/HP/A/32371/Senate+Majority+Leader+Reid+Democratic+Members+on+ Immigration+Reform.aspx)
C-SPAN Video Player - Senate Majority Leader Reid & Democratic Members on Immigration Reform (http://www.cspan.org/Watch/Media/2010/04/29/HP/A/32371/Senate+Majority+Leader+Reid+Democratic+Members+on+ Immigration+Reform.aspx)
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Mayday
05-09 11:41 PM
btw, I found the law:
(a) An applicant who is not a citizen or lawful permanent resident of the United States must present valid documentation issued by the United States Department of Justice, United States Department of State, United States Department of Homeland Security, United States Immigration and Naturalization Service, United States Bureau of Citizenship and Immigration Services, or any successor agency of the aforementioned that shows lawful temporary admission to the United States.
(1) An applicant whose lawful admission period is more than six months but less than the full term of a driver license or identification certificate will be issued a driver license or identification certificate with a status date displayed that coincides with the expiration of the applicant's lawful admission period in the United States.
(2) If the lawful admission period in the United States indicated on the document presented by the applicant expires in less than six months from the date of application, no driver license or identification certificate may be issued.
(3) If the document presented by the applicant to demonstrate lawful temporary admission indicates an indefinite expiration date, the driver license or identification certificate will be issued with a status date displayed of one year from the date of application.
(b) In the event the applicant's status is updated or extended, the applicant must present valid documentation of such status change or extension to obtain a duplicate driver license or identification certificate with an updated status date.
(c) The driver license or identification certificate will be cancelled if within 45 days from the status date the applicant is unable to present valid documentation showing a status change or extension of admission period.
it's full title is:
Texas Administrative Code
TITLE 37 PUBLIC SAFETY AND CORRECTIONS
PART 1 TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 15 DRIVER LICENSE RULES
SUBCHAPTER K SPECIAL PROVISIONS FOR NON-CITIZENS
RULE �15.171 Issuance of Driver Licenses and Identification Certificates to Non-citizens
or shorter: 37 TAC �15.171
(a) An applicant who is not a citizen or lawful permanent resident of the United States must present valid documentation issued by the United States Department of Justice, United States Department of State, United States Department of Homeland Security, United States Immigration and Naturalization Service, United States Bureau of Citizenship and Immigration Services, or any successor agency of the aforementioned that shows lawful temporary admission to the United States.
(1) An applicant whose lawful admission period is more than six months but less than the full term of a driver license or identification certificate will be issued a driver license or identification certificate with a status date displayed that coincides with the expiration of the applicant's lawful admission period in the United States.
(2) If the lawful admission period in the United States indicated on the document presented by the applicant expires in less than six months from the date of application, no driver license or identification certificate may be issued.
(3) If the document presented by the applicant to demonstrate lawful temporary admission indicates an indefinite expiration date, the driver license or identification certificate will be issued with a status date displayed of one year from the date of application.
(b) In the event the applicant's status is updated or extended, the applicant must present valid documentation of such status change or extension to obtain a duplicate driver license or identification certificate with an updated status date.
(c) The driver license or identification certificate will be cancelled if within 45 days from the status date the applicant is unable to present valid documentation showing a status change or extension of admission period.
it's full title is:
Texas Administrative Code
TITLE 37 PUBLIC SAFETY AND CORRECTIONS
PART 1 TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 15 DRIVER LICENSE RULES
SUBCHAPTER K SPECIAL PROVISIONS FOR NON-CITIZENS
RULE �15.171 Issuance of Driver Licenses and Identification Certificates to Non-citizens
or shorter: 37 TAC �15.171
more...
beppenyc
03-08 02:30 PM
beppenyc, any particular reason that ur interested in the guest worker program?
Yes, I worked in the restuarant business. Let me know if i can partecipate or not.
Thanks
Yes, I worked in the restuarant business. Let me know if i can partecipate or not.
Thanks
vdlrao
06-11 02:53 PM
vdlrao, Thanks ..good days are always ahead. can you tell me the reason for your optimism ? the problem I see is spillovers not going to EB3-I. at the very least they should have thrown some visas to EB3 out of pity :).
In fact that is the only hope ..i.e. other categories will be in 2006 while EB3 will be in early 2002 late 001 ..and to make it look better USCIS will give some visas to EB3-I. in either case do share your reasons ..TIA
as I mentioned in earlier post ..if EB3-I gets only the alloted visas ..that means around 30 families in a state gets a GC ..in most apartment complex(in the big cities) ..you will see more than 30 Indian families waiting for GC
Due to the lot of noice we have done,most of the law makers know theres a community called legal immigrants, and their long waiting periods due to the outdated rules. The new OBAMA government's agenda is to take the immigration reform during his first year tenure in the ffice. Once the immigration reform took place, I am pretty sure there would be significat changes in employment based category, which drastically decrease the backlogs in all EB categories.
In addtion to that "legals are first than illegals"- OBAMA. This itself is enough for clearing off all the backlogs.
In fact that is the only hope ..i.e. other categories will be in 2006 while EB3 will be in early 2002 late 001 ..and to make it look better USCIS will give some visas to EB3-I. in either case do share your reasons ..TIA
as I mentioned in earlier post ..if EB3-I gets only the alloted visas ..that means around 30 families in a state gets a GC ..in most apartment complex(in the big cities) ..you will see more than 30 Indian families waiting for GC
Due to the lot of noice we have done,most of the law makers know theres a community called legal immigrants, and their long waiting periods due to the outdated rules. The new OBAMA government's agenda is to take the immigration reform during his first year tenure in the ffice. Once the immigration reform took place, I am pretty sure there would be significat changes in employment based category, which drastically decrease the backlogs in all EB categories.
In addtion to that "legals are first than illegals"- OBAMA. This itself is enough for clearing off all the backlogs.
more...
sparky_jones
03-04 12:29 PM
My application is filed with Texas Service Centre.
That's interesting. This is the first TSC case of pre-adjudication activity for EB3-I with PD similar to yours that I have noticed in the forums.
That's interesting. This is the first TSC case of pre-adjudication activity for EB3-I with PD similar to yours that I have noticed in the forums.
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Ramba
10-21 06:18 PM
Thanks Ramba for your insights.
Whatever the reasons - its apparent USCIS is not following the AC21 regulations and it is not fair. I believe, AC21 regulations are made with an objective of improving immigration rules for 21st century (and thus the name American Competetiveness for 21st century) and provide some mobility for the applicants while their GC applications are pending. The delay in application processing is still relevant (actually its more severe) - irrespective of whether its caused by processing or because of lack of visa numbers. AC21 regulations never mentioned about the origin of delay or the longivity of applicant with original company. Changing interpretation of a rule they made, that too without notice is unfair and maybe even unlawful.
So far I was thinking that its a case of misinformed IO rejecting I485 once they see a I140 revocation. But rejecting MTR on the grounds that employee has left the company on his/her own and so does not have intent of continuing in the job is just plain twisting of their own rules. And we need a much bigger effort - if its a case of a few misinformed USCIS employees incorrectly rejecting I485 - then it could have been fixed with a low key effort that we are doing. We are seeing more rejections based on unknown "interpretations" - and even MTR getting rejected - it kind of gives a feeling that they have a bigger agenda here and we need to fight on a bigger scale.
If a guy lawfully changed the job after 180 days of 485 filing, it is remain valid even if employer revokes already approved 140. Only solution to overcome this MTR, is taking this to court. In the case of dispute between employee and employer regarding "intent", the employee will have more leverage if he had a considerable period of employment relationship sponsor.
Whatever the reasons - its apparent USCIS is not following the AC21 regulations and it is not fair. I believe, AC21 regulations are made with an objective of improving immigration rules for 21st century (and thus the name American Competetiveness for 21st century) and provide some mobility for the applicants while their GC applications are pending. The delay in application processing is still relevant (actually its more severe) - irrespective of whether its caused by processing or because of lack of visa numbers. AC21 regulations never mentioned about the origin of delay or the longivity of applicant with original company. Changing interpretation of a rule they made, that too without notice is unfair and maybe even unlawful.
So far I was thinking that its a case of misinformed IO rejecting I485 once they see a I140 revocation. But rejecting MTR on the grounds that employee has left the company on his/her own and so does not have intent of continuing in the job is just plain twisting of their own rules. And we need a much bigger effort - if its a case of a few misinformed USCIS employees incorrectly rejecting I485 - then it could have been fixed with a low key effort that we are doing. We are seeing more rejections based on unknown "interpretations" - and even MTR getting rejected - it kind of gives a feeling that they have a bigger agenda here and we need to fight on a bigger scale.
If a guy lawfully changed the job after 180 days of 485 filing, it is remain valid even if employer revokes already approved 140. Only solution to overcome this MTR, is taking this to court. In the case of dispute between employee and employer regarding "intent", the employee will have more leverage if he had a considerable period of employment relationship sponsor.
more...
ragz4u
03-09 10:53 AM
Provides an exception for refugees and asylees in Document Fraud Exception!
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eb3stuck
07-15 04:27 PM
Count me in. I live in LA County - San Gabriel Valley
EB3 - RIR - India
PD 4/02, LC 9/05, I140 01/06
I-145/EAD sent 6/28/07???
9th year of H1 B, with 3 year ext. not stamped
Spouse on 9th year H1-B
1 time contribution ($200)
EB3 - RIR - India
PD 4/02, LC 9/05, I140 01/06
I-145/EAD sent 6/28/07???
9th year of H1 B, with 3 year ext. not stamped
Spouse on 9th year H1-B
1 time contribution ($200)
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Libra
07-15 09:50 PM
I dont know how much my 25 dollars help IV cause, but i want to see eb3_nepa's HIGH FIVE campaign a big success.
USBank billpay, 7YG7S-6Q5RV.
USBank billpay, 7YG7S-6Q5RV.
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Libra
07-06 05:17 PM
All -ve thinking and -ve posts guys one more victim is waiting for your stinking comments go ahead and enjoy by discouraging others
http://immigrationvoice.org/forum/showthread.php?t=6156
http://immigrationvoice.org/forum/showthread.php?t=6156
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satish_hello
10-16 02:20 PM
Hi all,
I am planing to send letter to ombudsman for I-140 , can you some one tell where we should get sign from my employer. i mean which section Employer should sign in that form.
Can we send 7001 form without employer signature.
Thanks
I am planing to send letter to ombudsman for I-140 , can you some one tell where we should get sign from my employer. i mean which section Employer should sign in that form.
Can we send 7001 form without employer signature.
Thanks
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MYGCBY2010
07-23 03:16 PM
Hey you are mentioning that you are in EB3 India with a Priority date of AUG 2004. When did you file for the I-485. To my knowledge it was never until this July Fiasco. Can you please explain.
more...
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apahilaj
05-01 10:28 AM
Any takers?
So, where is the bill going next? Sorry guys, haven't heard the recording but just going by the thread it seems like this hearing didn't go as expected...
Is the bill going to die prematurely or is it going any where?
So, where is the bill going next? Sorry guys, haven't heard the recording but just going by the thread it seems like this hearing didn't go as expected...
Is the bill going to die prematurely or is it going any where?
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pappu
06-06 04:33 PM
/\/\/\/
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GeetaRam
12-01 09:33 AM
Thanks a lot for your reply 9 years...
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jonty_11
07-06 02:02 PM
They posted the revised bulletin in a hurry. They should have done this on July 2nd. The actual july bulletin consists FB dates and other dates.
i think they did revise it on July 2nd..didnt they?
i think they did revise it on July 2nd..didnt they?
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leoindiano
07-11 11:39 AM
karan,
thats true, You will not get red marks. Coz, everybody agrees with that. It is just some good news and hope for EB2. Otherwise, people will be left with no option but to move back to their home country's in current markets.
thats true, You will not get red marks. Coz, everybody agrees with that. It is just some good news and hope for EB2. Otherwise, people will be left with no option but to move back to their home country's in current markets.
kumar1
07-20 02:50 PM
no. of h1b issued in last 4 years 65kX4= 260k
even if you double that (which i m sure is not the case), still it come to 500k.
so ure over estimating it.
thanks
What about L1-A and L1-B? They are a lot too. 192,000-60,000 = L1 number each year.
even if you double that (which i m sure is not the case), still it come to 500k.
so ure over estimating it.
thanks
What about L1-A and L1-B? They are a lot too. 192,000-60,000 = L1 number each year.
bsbawa10
09-12 10:03 AM
The campaign will fail in my opinion. Because anytime you ask people to spend money, many will not. Such activity and motivation for the campaign will die out next week when visa bulletin fever is over. We will again get agitated next month same time. So unless we figure out a campaign idea that costs us no money, it is bound to fail. I am for a phone call campaign. Or if we really want to do something big, we should do a rally in DC with 10 thousand members.
I agree that calculator /flower campaign can fail. But poster (actually pamphlet) and letter campaign will cost only 41 cents stamp from us.
I agree that calculator /flower campaign can fail. But poster (actually pamphlet) and letter campaign will cost only 41 cents stamp from us.
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