jamesbond007
09-05 03:41 PM
AC21 is nothing to do with AP. In AC21, you are changing the job WITHIN US, not leaving US. There is some securty related reason, for requiring one must not leave USA when AOS is pending. AP is for a short emergency travel during AOS. Yes..it will be a pain if AOS takes many years, particularly travel issues.
Yes. AC21 has nothing to do with AP directly.
But it enables job easy change into a similar job if you have EAD. And that provision is predominantly used by people going thru the AOS process.
When they use AC21 to change jobs, they are strictly in AOS and not in another visa status.
My point was that when AC21 was made, they did not look at all the down stream impacts.
anyways... lets not argue about AC21<->AP.
Since DOS routinely updates their forms, why can't the the form used for AP be updated to change its wording?
Can this be approached as an administrative fix?
Yes. AC21 has nothing to do with AP directly.
But it enables job easy change into a similar job if you have EAD. And that provision is predominantly used by people going thru the AOS process.
When they use AC21 to change jobs, they are strictly in AOS and not in another visa status.
My point was that when AC21 was made, they did not look at all the down stream impacts.
anyways... lets not argue about AC21<->AP.
Since DOS routinely updates their forms, why can't the the form used for AP be updated to change its wording?
Can this be approached as an administrative fix?
wallpaper Birthday Animated Greeting
pappu
01-13 02:08 PM
Slow movement as expected. Hope dates move faster in the months ahead.
lskreddy
05-21 12:53 PM
I did all that but still show April 15. :(
Could somebody tell me what's the date for I140 @ NSC?
Thanks!
I140 -- Varied dates but for Skilled worker -- March 10, NIW -- Feb 27th, Advanced Degree -- July 05
Could somebody tell me what's the date for I140 @ NSC?
Thanks!
I140 -- Varied dates but for Skilled worker -- March 10, NIW -- Feb 27th, Advanced Degree -- July 05
2011 Animated Happy Birthday
gc_in_30_yrs
08-16 11:09 AM
Can we get the copy of I-140 Approval Notice under the Freedom Of Independence Act (FOIA)? If so, please advise the way to do it.
My Details are:
EB2-India-PD-Dec2005-Perm-I 140 Approved in May2006
Thanks in advance for the help.
My Details are:
EB2-India-PD-Dec2005-Perm-I 140 Approved in May2006
Thanks in advance for the help.
more...
chanduv23
11-08 12:33 PM
Someone gave me a Red and posted this message "by promoting hatemongers - you promote hate" - I would like to know in what way I am promoting hate?
jkays94
10-03 01:32 PM
I am very depressed! my lawyer who is doing my I-485 has advised that if she was to be concerned with her representing me, she would advise against me starting the company. basically, she said, USCIS can read this as an intent to leave the permanent employer for self employment. my business plan was to be in non-IT business. she said that if i am making enough money in the business, it will be hard to prove that i intend to continue in the job while having this business on the side...
well! best of luck to you guys! go on sharing your stories.
Although USCIS guidances are not binding, you might want to pay attention to the below (was not able to upload the attachment, you might want to google for it)
To: REGIONAL DIRECTORS
SERVICE CENTER DIRECTORS
From: Michael Aytes
Acting Director of Domestic Operations
Date: December 27, 2005
Re: Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and
H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of
2000 (AC21) (Public Law 106-313)
Question 7. Should service centers or district offices request proof of �ability to pay� from
successor employers in I-140 portability cases, in other words, from the new
company/employer to which someone has ported?
Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational
classification as the alien�s I-140 employment. It may be appropriate to confirm the legitimacy of a
new employer and the job offer through an RFE to the adjustment applicant for relevant information
about these issues. In an adjustment setting, public charge is also a relevant inquiry.
Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a
"same or similar" occupational classification as the job for which the original I-140 petition was filed.
Second, it may be appropriate to confirm that the new employer and the job offer are legitimate
through an RFE to the adjustment applicant for relevant information about these issues. Third, as
with any portability case, USCIS will focus on whether the I-140 petition represented the truly
intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
intent, but in appropriate cases additional evidence or investigation may be appropriate.
well! best of luck to you guys! go on sharing your stories.
Although USCIS guidances are not binding, you might want to pay attention to the below (was not able to upload the attachment, you might want to google for it)
To: REGIONAL DIRECTORS
SERVICE CENTER DIRECTORS
From: Michael Aytes
Acting Director of Domestic Operations
Date: December 27, 2005
Re: Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and
H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of
2000 (AC21) (Public Law 106-313)
Question 7. Should service centers or district offices request proof of �ability to pay� from
successor employers in I-140 portability cases, in other words, from the new
company/employer to which someone has ported?
Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational
classification as the alien�s I-140 employment. It may be appropriate to confirm the legitimacy of a
new employer and the job offer through an RFE to the adjustment applicant for relevant information
about these issues. In an adjustment setting, public charge is also a relevant inquiry.
Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a
"same or similar" occupational classification as the job for which the original I-140 petition was filed.
Second, it may be appropriate to confirm that the new employer and the job offer are legitimate
through an RFE to the adjustment applicant for relevant information about these issues. Third, as
with any portability case, USCIS will focus on whether the I-140 petition represented the truly
intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
intent, but in appropriate cases additional evidence or investigation may be appropriate.
more...
stuckinmuck
05-28 02:56 PM
Hi,
I found this interesting comment from a blog. It has been posted by an H.R. representative who has access to H1B and GC users' records. The points raised are indeed valid and they seem to have a 'case' against us. I do not by any means want to undermine our efforts but it does provide a perspective from the 'citizens' perspective.
The bill would also drastically increase the number of H-1B visas issued to foreign professional workers. As a Human Resources representative, I see first hand how the H-1B visa and employment based green card programs actually work together to drive U.S. white collar workers from their jobs and even from their careers. To begin with, there is virtually nothing in the law that prevents employers from hiring H-1Bers for open positions even if qualified Americans are available and willing to do the work. Americans are routinely laid off and replaced with lower paid H-1Bers also. In these cases, Americans have practically no legal recourse available under current law. H-1B is also a dual intent visa, so an employer may sponsor an H-1Ber for an EB green card for legal permanent resident status. When a company seeks to sponsor a foreign worker for an EB green card, they are required by law to demonstrate a good faith effort to recruit Americans first. This process is called labor certification. But employers routinely game the labor certification process for green card sponsorship to defraud even well qualified citizen job applicants in favor of low wage foreigners. They use fake job ads and/or bad faith interviews of American citizens to convince the federal government that they tried to find American workers first. These practices are common in high tech and even in some non-tech industries, but HR people are told to keep quiet about it or lose their jobs.
I would be in favor of a program that issues a small number of self-sponsoring green cards for truly innovative foreign nationals on a competitive basis. But very few of the H-1Bers or green card applicants that I have seen in 10+ years even come close to being truly innovative. Most are just practitioners with skills that are actually quite common among the domestic workforce. The only thing special about these foreigners is that they will work for substantially less than Americans in order to have a chance to become legal permanent residents. Thus they are used by management to sweeten corporate balance sheets.
The prevailing wage regulations are supposed to insure that foreign nationals are paid the same as their American counterparts in the same job functions, but these regulations are so riddled with loopholes that they are a bad joke.
Since my work allows me to have access to salary records, I can tell you that the labor cost savings for H-1Bers and green card applicants is substantially greater than the costs of filing the applications with the government.
Citizens should demand that both the H-1B and employment based green card programs be abolished in their current form.
My point is if we check our credentials, how many of us are 'true' innovators? I know I am not, I am an expert in what I do and am an asset to my company but I haven't filed any patents or publications which would be the true requirement for this country. My skills are indeed readily available in domestic workers as well. Could that be the reason for the backlog in EB-3 and none in EB-1? So do we need to do a reality check here? Just wondering if this could be the reason why we're getting a raw deal. Could it be that 'highly skilled' is not enough but 'genius' and 'highly skilled' is what's required here? Just a thought.
I found this interesting comment from a blog. It has been posted by an H.R. representative who has access to H1B and GC users' records. The points raised are indeed valid and they seem to have a 'case' against us. I do not by any means want to undermine our efforts but it does provide a perspective from the 'citizens' perspective.
The bill would also drastically increase the number of H-1B visas issued to foreign professional workers. As a Human Resources representative, I see first hand how the H-1B visa and employment based green card programs actually work together to drive U.S. white collar workers from their jobs and even from their careers. To begin with, there is virtually nothing in the law that prevents employers from hiring H-1Bers for open positions even if qualified Americans are available and willing to do the work. Americans are routinely laid off and replaced with lower paid H-1Bers also. In these cases, Americans have practically no legal recourse available under current law. H-1B is also a dual intent visa, so an employer may sponsor an H-1Ber for an EB green card for legal permanent resident status. When a company seeks to sponsor a foreign worker for an EB green card, they are required by law to demonstrate a good faith effort to recruit Americans first. This process is called labor certification. But employers routinely game the labor certification process for green card sponsorship to defraud even well qualified citizen job applicants in favor of low wage foreigners. They use fake job ads and/or bad faith interviews of American citizens to convince the federal government that they tried to find American workers first. These practices are common in high tech and even in some non-tech industries, but HR people are told to keep quiet about it or lose their jobs.
I would be in favor of a program that issues a small number of self-sponsoring green cards for truly innovative foreign nationals on a competitive basis. But very few of the H-1Bers or green card applicants that I have seen in 10+ years even come close to being truly innovative. Most are just practitioners with skills that are actually quite common among the domestic workforce. The only thing special about these foreigners is that they will work for substantially less than Americans in order to have a chance to become legal permanent residents. Thus they are used by management to sweeten corporate balance sheets.
The prevailing wage regulations are supposed to insure that foreign nationals are paid the same as their American counterparts in the same job functions, but these regulations are so riddled with loopholes that they are a bad joke.
Since my work allows me to have access to salary records, I can tell you that the labor cost savings for H-1Bers and green card applicants is substantially greater than the costs of filing the applications with the government.
Citizens should demand that both the H-1B and employment based green card programs be abolished in their current form.
My point is if we check our credentials, how many of us are 'true' innovators? I know I am not, I am an expert in what I do and am an asset to my company but I haven't filed any patents or publications which would be the true requirement for this country. My skills are indeed readily available in domestic workers as well. Could that be the reason for the backlog in EB-3 and none in EB-1? So do we need to do a reality check here? Just wondering if this could be the reason why we're getting a raw deal. Could it be that 'highly skilled' is not enough but 'genius' and 'highly skilled' is what's required here? Just a thought.
2010 Animated Office Party Birthday
ivar
09-14 05:29 AM
-- Deleted --
more...
crazyAbtUS
12-16 10:58 AM
Hello there,
I have been wanting to make an IV contribution for a long time and here is my problem..I probably can be labeled a miseror a magpie! ..Whenever I go to the IV link to contribute and see the $50 or $100 option I panic and get out..yes I do!
I have some desi colleagues and was discussing this issue with them at work..and they had the exact same experience..wow..I am not the only magpie..
But hey is'nt IV the one which is at the receiving end not getting our contributions..
I speak from my own experience and call me a mapie or a miser..or whatever..I cant make myself make a $50 or more contribution .. thats the way I am..But I can sure make a smaller contribution (like a monthly recurring $10 contribution which really is easier to make) and I am quite sure IV will benefit from my small contributions as well as i think a lot more people will not hesitate making contributions in smaller denominations than a whopper $50+
And really this is not related to IV effort but more to do with my own way of thinking about parting with my money..I love my money..:)...
My history - Made $0 contributions so far..and have been wanting to contribute for a long time now..but keep backing away..
I have been wanting to make an IV contribution for a long time and here is my problem..I probably can be labeled a miseror a magpie! ..Whenever I go to the IV link to contribute and see the $50 or $100 option I panic and get out..yes I do!
I have some desi colleagues and was discussing this issue with them at work..and they had the exact same experience..wow..I am not the only magpie..
But hey is'nt IV the one which is at the receiving end not getting our contributions..
I speak from my own experience and call me a mapie or a miser..or whatever..I cant make myself make a $50 or more contribution .. thats the way I am..But I can sure make a smaller contribution (like a monthly recurring $10 contribution which really is easier to make) and I am quite sure IV will benefit from my small contributions as well as i think a lot more people will not hesitate making contributions in smaller denominations than a whopper $50+
And really this is not related to IV effort but more to do with my own way of thinking about parting with my money..I love my money..:)...
My history - Made $0 contributions so far..and have been wanting to contribute for a long time now..but keep backing away..
hair Birthday Wishes Animation
rashu_gulati
08-13 06:36 PM
I got a new job and joined on EAD. left 3 yr h1 validity for this job
Current ead expires on sept 5 th, if i don't get renewal by then , i would lose my job as it's big company. I field on June 24th and receipt date is june 25th
any inputs if i can do anything before 90 days
Current ead expires on sept 5 th, if i don't get renewal by then , i would lose my job as it's big company. I field on June 24th and receipt date is june 25th
any inputs if i can do anything before 90 days
more...
mps
03-27 11:02 AM
How about we will bet for/against predictions and let all the proceedings go to IV???
VBKRIS77: so you really don't like this kind of thread ?:rolleyes:
VBKRIS77: so you really don't like this kind of thread ?:rolleyes:
hot Happy Birthday Animated Happy
anai
03-28 08:57 AM
Guys,
First of all, please be decent to each other. Now, to the PBEC issue - this is a major problem, and a huge issue for all of us. Currently, the debate in Senate/Congress is centered around Immigration reform and this is a definitely a good time to raise these issues.
There are a few things we should strive for:
1. Keep all provisions of Specter's bill related to EB.
2. Re-instate per country soft limit.
If both of these provisions are passed, Priority dates for all countries will be current in EB2 and will rapidly move in EB3. A lot of folks in PBEC might be able to use PERM to apply another labor and priority dates will loose their importance, so it is important that these provisions pass.
This is just the kind of disingenuous logic we do not want. To suggest that folks stuck at PBEC should just file PERM is (a) just like asking people to drink coke instead of tackling water scarcity (b) reflective of the ignorance of the situation faced by many stuck at PBEC.
Note that IV has a stated goal of solving the BEC issue (6th listed goal on the homepage). The goal is not to make light of the BEC problem by using apparently simple but false logic; the goal is to resolve the BEC mess.
Do not try to play down what is important to others and hijack the agenda to suit your problems. We have all come together behind each of the stated goals of IV. Let's keep it that way.
First of all, please be decent to each other. Now, to the PBEC issue - this is a major problem, and a huge issue for all of us. Currently, the debate in Senate/Congress is centered around Immigration reform and this is a definitely a good time to raise these issues.
There are a few things we should strive for:
1. Keep all provisions of Specter's bill related to EB.
2. Re-instate per country soft limit.
If both of these provisions are passed, Priority dates for all countries will be current in EB2 and will rapidly move in EB3. A lot of folks in PBEC might be able to use PERM to apply another labor and priority dates will loose their importance, so it is important that these provisions pass.
This is just the kind of disingenuous logic we do not want. To suggest that folks stuck at PBEC should just file PERM is (a) just like asking people to drink coke instead of tackling water scarcity (b) reflective of the ignorance of the situation faced by many stuck at PBEC.
Note that IV has a stated goal of solving the BEC issue (6th listed goal on the homepage). The goal is not to make light of the BEC problem by using apparently simple but false logic; the goal is to resolve the BEC mess.
Do not try to play down what is important to others and hijack the agenda to suit your problems. We have all come together behind each of the stated goals of IV. Let's keep it that way.
more...
house animated. happy irthday
vaishalikumar
09-22 04:48 PM
Stoppers idea is brilliant and should be done on a big scale. It will convey a strong message and will be in news.
tattoo 2010 Animated Happy Birthday
steveed
07-15 10:45 AM
I have printed the letters out and will be mailing them today to the 2 Senators and 13 Representatives from NJ.
more...
pictures happy irthday cartoon cake. a
mmanurker
12-31 01:28 PM
So does this mean I am stuck with Company A till I get Garbage Can I mean GC ?
You are not alone in this situation...I switched couple months back while I am on 11th yr
H1B. I was with same employer for 8 yrs and applied for 140/485 but both got denied as attorney made a mistake in labor and 140 stating that I will be working only from my employers chicago office and eventually my employer closed chicago office before my 140approval and USCIS raised RFE for that and denied stating that my application is no longer eligible due to closure of office....So I hired an new attorney and filed appeal. Meanwhile I started all over again with another employer and got new labor/140 approved and switched recently. Now I am on 11'th yr H1B.
Now to answer ur question on what if previous employer revokes your approved 140, it will not effect and you can still retain and port the PD to the new employer at the time of filing a new 140 with another employer....what that means is that you can still switch the employers and still retain ur PD
You are not alone in this situation...I switched couple months back while I am on 11th yr
H1B. I was with same employer for 8 yrs and applied for 140/485 but both got denied as attorney made a mistake in labor and 140 stating that I will be working only from my employers chicago office and eventually my employer closed chicago office before my 140approval and USCIS raised RFE for that and denied stating that my application is no longer eligible due to closure of office....So I hired an new attorney and filed appeal. Meanwhile I started all over again with another employer and got new labor/140 approved and switched recently. Now I am on 11'th yr H1B.
Now to answer ur question on what if previous employer revokes your approved 140, it will not effect and you can still retain and port the PD to the new employer at the time of filing a new 140 with another employer....what that means is that you can still switch the employers and still retain ur PD
dresses happy irthday images animated
485Mbe4001
10-12 06:58 PM
I tried the following a couple of days ago.
i got a letter from my company about my status and issue with retrogression, I took a printout of the webfax from the IV site and sent a certified mail to our state senators (i am from CA). I think this is better than a web fax, i am not sure if they even read the web fax. I havent received a response from them as yet, but i am sure i will. Others can try it too and see if they get a response.
I did this because a senior manager from my company got fed up with his visa process and returned to Canada last month. He was ROW EB3 when he started his process.
good response. we are all in this together and need to work together in order to get things done. IV is not just IV core but each and every member. each member should try to do something positive in order to help IV in whatever way theycan. - contributing money, help increase members, contact their local lawmakers and also contacting media. we need to raise awareness andevery small positive action done by an iv member helps in the overall scheme of things.
i got a letter from my company about my status and issue with retrogression, I took a printout of the webfax from the IV site and sent a certified mail to our state senators (i am from CA). I think this is better than a web fax, i am not sure if they even read the web fax. I havent received a response from them as yet, but i am sure i will. Others can try it too and see if they get a response.
I did this because a senior manager from my company got fed up with his visa process and returned to Canada last month. He was ROW EB3 when he started his process.
good response. we are all in this together and need to work together in order to get things done. IV is not just IV core but each and every member. each member should try to do something positive in order to help IV in whatever way theycan. - contributing money, help increase members, contact their local lawmakers and also contacting media. we need to raise awareness andevery small positive action done by an iv member helps in the overall scheme of things.
more...
makeup animated gif clipart irthday
Project_A
02-15 09:12 AM
You did master in what?
I checked the online Program offered by ISU, i didn't saw Masters in I.T
Thanks
Search for Continuing and Distance Education. Under College of Engineering, you will find several courses.
- Master of Science in Computer Engineering or Electrical Engineering
- Master of Science in Industrial Engineering
- Master of Science in Information Assurance
- Master of Science in Mechanical Engineering
- Master of Engineering in Systems Engineering
I checked the online Program offered by ISU, i didn't saw Masters in I.T
Thanks
Search for Continuing and Distance Education. Under College of Engineering, you will find several courses.
- Master of Science in Computer Engineering or Electrical Engineering
- Master of Science in Industrial Engineering
- Master of Science in Information Assurance
- Master of Science in Mechanical Engineering
- Master of Engineering in Systems Engineering
girlfriend an animated birthday
casinoroyale
06-24 09:49 PM
Anyone got their AP renewal approved? How long it is taking these days?
hairstyles irthday cartoon balloons.
pappu
05-28 08:47 AM
GOOD ARTICLE FROM WP.COM EYE OPENING..
What ever we will do USCIS will never finish Backlog... THIS IS CALLED SCAM. :mad:
http://www.msnbc.msn.com/id/18899687/
We have to let congress know about this scam.
Each application could generate fines and fees of $1,000 to $5,000, a windfall of $10 billion to $15 billion over eight years, Homeland Security officials said. The money would dwarf revenue from a previously announced agency plan to increase fees on immigration and employment applications by 50 percent as early as next week, to raise $1 billion a year.
What ever we will do USCIS will never finish Backlog... THIS IS CALLED SCAM. :mad:
http://www.msnbc.msn.com/id/18899687/
We have to let congress know about this scam.
Each application could generate fines and fees of $1,000 to $5,000, a windfall of $10 billion to $15 billion over eight years, Homeland Security officials said. The money would dwarf revenue from a previously announced agency plan to increase fees on immigration and employment applications by 50 percent as early as next week, to raise $1 billion a year.
gveerab
04-12 11:12 AM
Thanks
Veera
Veera
wellwishergc
04-03 11:12 AM
bheemi,
I am shocked at your statement after seeing such an organized effort from IV. The only conclusion that I could make is - you are sympathetic to the 'anti-immigrant sentiments' and are out here to create trouble.
Anyways, instead of criticizing someone, please let us know what you have done for the cause.
I am suprprised if IV is working towards abiltiy to file 485 and hard country limit...Just want to know how IV is working towards these 2 items...
If any of these two wont show out in coming bill,..then I would say goodbye to IV..because all other items in bill were there without IV;s interaction....
Can somebody calrify if these options will anyway include in this bill..by means of ammendements...
I am shocked at your statement after seeing such an organized effort from IV. The only conclusion that I could make is - you are sympathetic to the 'anti-immigrant sentiments' and are out here to create trouble.
Anyways, instead of criticizing someone, please let us know what you have done for the cause.
I am suprprised if IV is working towards abiltiy to file 485 and hard country limit...Just want to know how IV is working towards these 2 items...
If any of these two wont show out in coming bill,..then I would say goodbye to IV..because all other items in bill were there without IV;s interaction....
Can somebody calrify if these options will anyway include in this bill..by means of ammendements...
No comments:
Post a Comment