kaisersose
07-09 11:29 AM
I am trying to understand something here..... I had consultation with murthy lawyers and they told me that there is no law written anywhere that states that the employer must revoke I-140 if the employees is laid-off or is not working with them anymore. I was laid off and my company is determined to revoke I-140 because thats what Fragomen lawyers suggest. I am having a hard time understanding why would they want to cause problems for me when I am not even leaving on my own and got affected because of layoff.
Does anyone use Fragomen and could ask their attorneys this question whether a company is required or obligated by law to revoke I-140. That way I can try to convince my company's attorney that another attorney within same law firm have different opinion
Everyone who changes jobs under the protection of AC21, must do so under the assumption that the sponsoring 140 will be revoked.
It is not a matter of our convenience. If you quit the sponsoring employer and he has no intention of hiring you again after your GC, then what is the sense in him retaining your 140 for no reason? It only adds complexity to some employers as dangling 140s are counted to evaluate their ability to pay. So even if it is not law, it makes sense for employers to revoke 140s of employees who quit them.
AC21 protects you from such a revoked 140. We have seen some cases where revoking the 140 - even after the 180 day mark - has resulted in 485 denial. This is a mistake from CIS and is easily fixed.
Expecting the previous employer to hold on to your 140 is not very different from expecting him to keep your you previous job open for you - just in case.
Does anyone use Fragomen and could ask their attorneys this question whether a company is required or obligated by law to revoke I-140. That way I can try to convince my company's attorney that another attorney within same law firm have different opinion
Everyone who changes jobs under the protection of AC21, must do so under the assumption that the sponsoring 140 will be revoked.
It is not a matter of our convenience. If you quit the sponsoring employer and he has no intention of hiring you again after your GC, then what is the sense in him retaining your 140 for no reason? It only adds complexity to some employers as dangling 140s are counted to evaluate their ability to pay. So even if it is not law, it makes sense for employers to revoke 140s of employees who quit them.
AC21 protects you from such a revoked 140. We have seen some cases where revoking the 140 - even after the 180 day mark - has resulted in 485 denial. This is a mistake from CIS and is easily fixed.
Expecting the previous employer to hold on to your 140 is not very different from expecting him to keep your you previous job open for you - just in case.
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GooblyWoobly
09-14 07:10 PM
here's my explanation why i think retrogression will get worse -
1) USCIS still has not entered all the july and aug. filers. USCIS will have a good idea by Oct or Nov. how many applications are in the pipeline, how many they can approve and what the PD cut off date needs to be?
You are just repeating yourself. Show me the logic why entering all apps will retrogress the PD?
Let me give a concrete example. For India EB2, why would the PD not move from, say, April 2004 to January 2005, even if, say, 20 million people with priority date at 2006 apply for I485?
Understand the procedure first. With a better idea of applications in pipeline, you will see the PD movement to be better predicted, not retrogression.
2) with the number of applications that were filed this it is obvious that ROW will see retrogression in both EB2 and EB3 categories.
Why is it obvious? Show me the logic man!! Instead of just stating it. If ROW was current till now on some category, everybody who were supposed to file would have filed. Why would it get retrogressed. You understand that only the unused ROW numbers trickle over ot India/China etc.
So, you are saying you don't have a logic. You are speculating and saying only time will prove you right? Eh?
1) USCIS still has not entered all the july and aug. filers. USCIS will have a good idea by Oct or Nov. how many applications are in the pipeline, how many they can approve and what the PD cut off date needs to be?
You are just repeating yourself. Show me the logic why entering all apps will retrogress the PD?
Let me give a concrete example. For India EB2, why would the PD not move from, say, April 2004 to January 2005, even if, say, 20 million people with priority date at 2006 apply for I485?
Understand the procedure first. With a better idea of applications in pipeline, you will see the PD movement to be better predicted, not retrogression.
2) with the number of applications that were filed this it is obvious that ROW will see retrogression in both EB2 and EB3 categories.
Why is it obvious? Show me the logic man!! Instead of just stating it. If ROW was current till now on some category, everybody who were supposed to file would have filed. Why would it get retrogressed. You understand that only the unused ROW numbers trickle over ot India/China etc.
So, you are saying you don't have a logic. You are speculating and saying only time will prove you right? Eh?
Wendyzhu77
09-22 04:58 PM
There is a story: when seeing a bottle filled half with water, optimistic people would say it's "half full", pessimistic people would say it's "half empty". I think this problem is also just people's perspective. Retrogression is still there, it will not be any better or worse with/without the July event. Some people see that retrogression is still there so they are pessimistic, some people see that at least you get something from this even, so they are optimistic.
I see this prediction every now and then. Why don't you guys get your facts straight. Retrogression will remain the SAME. The pace at which they process GC's is not going to change. It's just applications moved from your home queue to the USCIS queue. Why would that make retrogression worse?? Think before you talk!!
I see this prediction every now and then. Why don't you guys get your facts straight. Retrogression will remain the SAME. The pace at which they process GC's is not going to change. It's just applications moved from your home queue to the USCIS queue. Why would that make retrogression worse?? Think before you talk!!
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unitednations
04-27 04:17 PM
The above mentioned case was later denied. AAO withdrew the approval. See this link -
http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2009/Apr282009_01B5203.pdf
This was a good find. The decision actually opens up more doors then it closes.
USCIS in the past; and specifically Nebraska service center would deny I-140's if you did not have one single source degree equal to U.S. bachelors degree (ie., combination of degrees was not allowed).
this decision basically says that 3+2 will not be considered equal to masters but will be considered to be equal to bachelors degree. However, since the labor didn't allow for bachelors and five years of experience then they consider him to not be qualified for the position.
Looks like 3+2 will still qualify for eb2 but through the bachelors and five year route.
If you look through many of the appeals decisions you will even find contradictory stuff with regards to combination of degrees to get to bachelors equivalency for eb2.
That's why when you are first starting the greencard journey it is safest to go eb3 route and then later give it a try for eb2.
http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2009/Apr282009_01B5203.pdf
This was a good find. The decision actually opens up more doors then it closes.
USCIS in the past; and specifically Nebraska service center would deny I-140's if you did not have one single source degree equal to U.S. bachelors degree (ie., combination of degrees was not allowed).
this decision basically says that 3+2 will not be considered equal to masters but will be considered to be equal to bachelors degree. However, since the labor didn't allow for bachelors and five years of experience then they consider him to not be qualified for the position.
Looks like 3+2 will still qualify for eb2 but through the bachelors and five year route.
If you look through many of the appeals decisions you will even find contradictory stuff with regards to combination of degrees to get to bachelors equivalency for eb2.
That's why when you are first starting the greencard journey it is safest to go eb3 route and then later give it a try for eb2.
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vivekm1309
09-05 03:19 PM
Recently I returned after a one month trip to India. At DC airport the CBP secondary inspection officer grilled us rough. First he called my wife and asked why did we leave US. She told that since my parents are old and not in good health we visited them. Then he started asking for documents proving it. And told us that without documents he won't let us enter. He went on to say that AP is only on humanitarian basis and unless CBP officer is satisfied with proof they cannot allow AP holder to enter. Finally after convincing him for another 30 min he let us in.
This was a really shocking experience. Are employment based GC's AP supposed to be treated like humanitarian AP? or was the CBP officer over reacting? Gurus please throw some light.
Thanks for sharing this experience, I feel sorry for you that you & your family had to go thru this. I want to check with you what finally conviced the officer to change his initial stand to let you in? This will help us to learn from your experience... Thanks
This was a really shocking experience. Are employment based GC's AP supposed to be treated like humanitarian AP? or was the CBP officer over reacting? Gurus please throw some light.
Thanks for sharing this experience, I feel sorry for you that you & your family had to go thru this. I want to check with you what finally conviced the officer to change his initial stand to let you in? This will help us to learn from your experience... Thanks
anjs
09-22 05:02 PM
Called all.
Anjs
Anjs
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saimrathi
07-10 09:19 AM
Thanks for taking it in your stride.. I was kidding indeed.. :p
I know your are kidding saimrathi :).
On a serious note though, flight ticket is a small price to pay compared to the other losses that we are suffering because of status quo.
I know your are kidding saimrathi :).
On a serious note though, flight ticket is a small price to pay compared to the other losses that we are suffering because of status quo.
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redcard
02-19 03:57 PM
Are you sure that you would get back what ever you paid for the policy?. LIC in India is different story than western insurance companies.No Ins. company gives back what you paid on whole life, Please make sure how much you get back when policy matures.
Give me your insurance company/policy name ,I will tell you how much you are loosing on whole....?
thx
21STIcon
We are talking of term life policy here and not the whole life policy..
Give me your insurance company/policy name ,I will tell you how much you are loosing on whole....?
thx
21STIcon
We are talking of term life policy here and not the whole life policy..
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for_gc
06-23 04:10 PM
And always send via USPS express mail. (1 day costed me $18) but I came to know instantly the next day that they received it.
You could also use some cheaper USPS option. as long as it has some delivery confirmation.
The reason I like express mail one day, is because u can request a copy of the receiver's signature via email (comes in a PDF). This is proof that USCIS really got it and u can then sleep nicely for the next 3 months.
Ha Ha.
Hi dilip,
Where do we get the A# from ?
You could also use some cheaper USPS option. as long as it has some delivery confirmation.
The reason I like express mail one day, is because u can request a copy of the receiver's signature via email (comes in a PDF). This is proof that USCIS really got it and u can then sleep nicely for the next 3 months.
Ha Ha.
Hi dilip,
Where do we get the A# from ?
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aadimanav
08-20 06:43 PM
sent to 2 representatives in TX
You mean the Senators?
You mean the Senators?
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chi_shark
10-01 01:54 PM
it depends on the individual hospital... your downside is only your wife getting fired... which might not really happen unless your wife supplies 100 A grade nurses to the directly competing hospital across the street... if she does that, anyway she wont care for the job.... :-) all the best... let us know how it goes...
Hi,
My wife is doing residency using her EAD and she wanted to start a medical staffing company. Would there be any problem from the 'hospitals' since she is working as full time employee or is it depending on the individual hospital contract?
Please help me out if anybody has an idea.
Thanks.
Hi,
My wife is doing residency using her EAD and she wanted to start a medical staffing company. Would there be any problem from the 'hospitals' since she is working as full time employee or is it depending on the individual hospital contract?
Please help me out if anybody has an idea.
Thanks.
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gclabor07
10-01 11:32 AM
I've the same question. It sounds pretty stupid that Indian government allows you to have Indian passport if you register the child within one year. Looks like the child has no say in the process. Also, once the child gets Indian passport, can she revert back to US citizenship and hold US passport by renouncing Indian passport? Or do she need to wait 18 years? Once the child holds Indian passport, then does she need to get US visa stamp to enter US? Also, can the child hold both US and Indian passport?
well said my friend and i agree with you completely. although, i grappled with this issue when we had a baby.......the question where i got stumped was - if i got Indian Citizenship for my child (born in US), what would be the child's legal status here? and, also if we were traveling outside the country - how would the child reenter US?
well said my friend and i agree with you completely. although, i grappled with this issue when we had a baby.......the question where i got stumped was - if i got Indian Citizenship for my child (born in US), what would be the child's legal status here? and, also if we were traveling outside the country - how would the child reenter US?
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gcnotfiledyet
03-18 11:40 AM
Just curious, what was it that you were trying to take away from store?
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h1techSlave
09-22 10:17 PM
No, we are not going to abuse this and we won't be sending stuff over and over. But stoppers have a very Specific significance: to educate and differentiate between legal and illegal. A stopper says "Stop the reverse brain drain"...A stopper would pique people's interest becase we are typically lumped in with illegals, and a stopper does not exemplify what illegals are. Illegal immigration's message is: "legalize us and help new guest workers come", our stopper says "We are already legal and are already leaving, fix this before we all leave"
Actually, many Indians with US Citizenship are leaving too. What I have seen with my friends and coworkers is that, the moment they receive the US passport they book a flight to India and come back when ever they please. If media picks up that fact, then what is our strategy?
Actually, many Indians with US Citizenship are leaving too. What I have seen with my friends and coworkers is that, the moment they receive the US passport they book a flight to India and come back when ever they please. If media picks up that fact, then what is our strategy?
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shimul99
10-24 03:56 PM
It was current for July. so i mailed my application on june 29, 2007, expected to reach USCIS on july 2nd, 2007.
shimul99
first of all congrats. but i have a question.
you said you are EB3 ROW (Bangladesh) but you applied your I-485 on June 29, 2007 with a Priority Date of Feb 06.
But on June 2007 (just before the VB fiasco) the Visa Bulletin for EB3 ROW was caught up to June 05 (http://travel.state.gov/visa/frvi/bulletin/bulletin_3236.html). But your EB3 ROW PD is Feb 06. So how is that possible?
Only EB2 ROW is current. Are you sure you are not EB2? You can confirm this by looking at your 140 notice. Otherwise you must have sent out your application June 29 (Fri) in the hope of reaching USCIS by July 1 or 2 (Sun or Mon). That's the only way I could make sense of this.
Either way man, your stars must all lined up or something man. You are indeed very lucky.
the reason I am pestering you is becoz I too am EB3 ROW with PD of Mar 06 and I filed on Aug with an approved 140. I am now kicking myself for not mailing out June 29 Fri.
FU*K*NG USCIS!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
shimul99
first of all congrats. but i have a question.
you said you are EB3 ROW (Bangladesh) but you applied your I-485 on June 29, 2007 with a Priority Date of Feb 06.
But on June 2007 (just before the VB fiasco) the Visa Bulletin for EB3 ROW was caught up to June 05 (http://travel.state.gov/visa/frvi/bulletin/bulletin_3236.html). But your EB3 ROW PD is Feb 06. So how is that possible?
Only EB2 ROW is current. Are you sure you are not EB2? You can confirm this by looking at your 140 notice. Otherwise you must have sent out your application June 29 (Fri) in the hope of reaching USCIS by July 1 or 2 (Sun or Mon). That's the only way I could make sense of this.
Either way man, your stars must all lined up or something man. You are indeed very lucky.
the reason I am pestering you is becoz I too am EB3 ROW with PD of Mar 06 and I filed on Aug with an approved 140. I am now kicking myself for not mailing out June 29 Fri.
FU*K*NG USCIS!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
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sanjeev_2004
08-22 04:42 PM
Thanks! That's helpful... from what you say, sounds like PD is still quite important. RD comes into the picture only after the PD becomes current. However, if a range of PD's are current, then they would sort those by RD and not by PD.
For eg, if they move the dates forward by a year, and Jan 04 and Jan 05 are both now current, a person with PD of Jan 05 but an earlier RD would still get processed prior to an application with PD Jan 04 and a later RD (according to the FIFO principle)...
you are right there but USICS does not follow any principle so in your range person with Jan 05 PD could be last (Decorator pattern).
For eg, if they move the dates forward by a year, and Jan 04 and Jan 05 are both now current, a person with PD of Jan 05 but an earlier RD would still get processed prior to an application with PD Jan 04 and a later RD (according to the FIFO principle)...
you are right there but USICS does not follow any principle so in your range person with Jan 05 PD could be last (Decorator pattern).
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chanduv23
05-13 02:20 PM
you will come acros these Jerks ..barely educated with BA music or Art degress or just some schooling and sitting as managers..what else can they do..abuse other people...prey on the weak..weak because we are on Visa...
they dont get any certification or any skills but however they want all the benefits/promotion..etc.
In such situation...dont let the situatuion grow..you need to change your gruop/company and remind the manager that they need to stick to rules..be diplomatic.If you are diplomatic and sensible in dealing with such cases..you will come out a winner..
Dont forget to complain to the HR about this person ...as this is a recurring pattern...then they will have a record of the persons behaviour
Yes, please do this. When I did it, I was not diplomatic and I believed people, but if you have some diplomacy, you can work it out for your own good.
As per my first post - the person though is an Indian, she is a US citizen. You all can now understand what kind of backlash is driving the politicians.
FArom all this we must understand that Grassroot advocacy is not going to be an easy task and there is a long way to go. More people, more funding, more support, more reach, more skills.
they dont get any certification or any skills but however they want all the benefits/promotion..etc.
In such situation...dont let the situatuion grow..you need to change your gruop/company and remind the manager that they need to stick to rules..be diplomatic.If you are diplomatic and sensible in dealing with such cases..you will come out a winner..
Dont forget to complain to the HR about this person ...as this is a recurring pattern...then they will have a record of the persons behaviour
Yes, please do this. When I did it, I was not diplomatic and I believed people, but if you have some diplomacy, you can work it out for your own good.
As per my first post - the person though is an Indian, she is a US citizen. You all can now understand what kind of backlash is driving the politicians.
FArom all this we must understand that Grassroot advocacy is not going to be an easy task and there is a long way to go. More people, more funding, more support, more reach, more skills.
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confu
10-06 11:11 AM
I second this. It will take 1 more year for USCIS just to come out of 2001 for EB3 I unless 5882 passes!
I kind of agree with you. Hope USCIS starts moving faster on applications at-least after that 1 year time frame.
I kind of agree with you. Hope USCIS starts moving faster on applications at-least after that 1 year time frame.
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coopheal
10-07 12:21 AM
I second this. It will take 1 more year for USCIS just to come out of 2001 for EB3 I unless 5882 passes!
What should be our next steps? How do we go to public media with big bang?
What should be our next steps? How do we go to public media with big bang?
Macaca
08-12 11:28 AM
There were 1M+ EB GC applications as of March 2007 (when Ombudsman's report was written). There will be 1M additional applications by Aug 17 2007.
Lets assume a very conservative #: 1.4M by Aug 17. Then, 1.4M/140K = 10 years minimum.
Lets assume a very conservative #: 1.4M by Aug 17. Then, 1.4M/140K = 10 years minimum.
senthil1
01-21 02:51 PM
EB3 was like that most of the time. If you go back to 1995 all of the categories were current. China had cut off dates as more chinese than Indians were coming. From there number of H1bs were increased gradually.From 1997 they put cutoff dates and by the time 1999 things got worsened and there were 4 year waiting time and Many people were leaving country because of 6 year Cap of H1b. 1999 first time h1b cap was reached and 40% of them were Indians. In 1999 and 2000 demand for IT was so high and unemployment was record low US economy was in internet Boom. So congress realized that they need to do something. So they increased H1b(for 3 years) and recapture of GC and also AC21 was done. After Dot com Bust everything changed and outsourcing was so much and Indians were using 60% of H1b and equal number of L1. Still Indian H1b and L1 are increasing as there are more Indian consulting companies than H1b Cap numbers. So it will become worse for EB3 as there are so many restrictions of Eb2 unless congress increases GC quota. But it is going to be tough for any immigration reform as economy is very bad and unemployment is increasing. But if there is CIR there is a good chance of recapture bill to pass with CIR. Otherwise AC 21 is only way to survive here for those who filed I485.It is going to be challenging for those who not filed I485 as they have to survive as well they need to maintain immigration status
i am getting frustrated to see the bulletin everymonth and it never moves.
people applied in 2006 got their GCs. one of collegue ROW got when applied in 2007.
dont know whom to blame. why cant they understand our problems.
r they least bothered.
my PD is oct 2003-EB3
i am getting frustrated to see the bulletin everymonth and it never moves.
people applied in 2006 got their GCs. one of collegue ROW got when applied in 2007.
dont know whom to blame. why cant they understand our problems.
r they least bothered.
my PD is oct 2003-EB3
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