coolmanasip
03-07 10:43 AM
Yates Memo clearly says that ability to pay should not be a factor.....read below......
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 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.
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srini1976
07-02 05:23 PM
So far most of us have spent about 2 - 3k, lost invaluable time with stress & had sleepless nights.
DOS & USCIS should not be spared. Lets help IV & try our best to sue them. I just contributed $100.00 and will continue to contribute until the suckers are sued.
DOS & USCIS should not be spared. Lets help IV & try our best to sue them. I just contributed $100.00 and will continue to contribute until the suckers are sued.
bigboy007
05-10 11:24 PM
I keep asking every person whom i already know and who ever i meet to join and support IV. i am hoping there will be atleast one who will increase the count and I keep propagating the issue of Recap.
Friends,
Time is right now to recapture the visa numbers.
"No army can stop an idea whose time has come." --Victor Hugo.
We need to raise funds for the sole purpose of passing the EB Visa Re-Capture Bill!
Friends,
Time is right now to recapture the visa numbers.
"No army can stop an idea whose time has come." --Victor Hugo.
We need to raise funds for the sole purpose of passing the EB Visa Re-Capture Bill!
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Openarms
02-06 02:12 PM
love your idea which could fly in congress.... no increase in Visa quota.... just remove country quota..demand and supply.. I do not think there is a need for $1000 fees for backlog reduction.. I believe we are already paid/paying for them in EAD renewals, I-485 applications with new fee structure.
send the details for conference.
I have a conference call set up for Sunday evening, for those who may be interested in putting some efforts, but are still not convinced enough, can join the conference, hear what I have to say, than you can decide if you want to go ahead or not...
PM me for conference details...
send the details for conference.
I have a conference call set up for Sunday evening, for those who may be interested in putting some efforts, but are still not convinced enough, can join the conference, hear what I have to say, than you can decide if you want to go ahead or not...
PM me for conference details...
more...
pcs
11-12 05:16 PM
First step... all of us send two letters each to USCIS / Dept of State....
Please suggest the name and address asap......
Next step, after 1st Jan we seek help from court to address this issue...
Please suggest the name and address asap......
Next step, after 1st Jan we seek help from court to address this issue...
himu73
07-03 11:31 AM
If for a moment we say USCIS has really increased the processing rate and more people are getting green cards which we see is the case. It may signal that on Oct 1st,2007 dates will move ahead of what was the scenario in May visa bulletin.
If we forget the mistake they did in July bulletin and see the brighter side that they process faster, we should hold back our applications now and wait for the scenario on Oct 1st 2007, which would be hopefully a give a good realistic forward movement in dates. Since receipt date is important we should not get emotional and send in the application. This is just a thought.
Making Current in July was anyway like a lottery which denied all calculations based on pending cases.Before getting into law suits and protests which are also needed we have to take stock of all the implications and whether we really can provide 100% to these efforts.
From the posts coming since yesterday, most of the members are agitated and it seems we fail to realize that this event itself was a miscalculation and all of us were trying to get benefit of it considering the long waits we have endured for just getting a chance to file AOS.
We also knew that even if the applications are accepted there was no way we can get our green cards for a long time. AC21 and EAD for spouse was the main aim of many applicants.
This is really a sad story of people who have sacrificed career prospects, faced family separation, made important decisions like marraige.
Hope this post makes sense and we take a step back and reconsider our actions. This is not out of fear but past experience of lawsuits explained in other posts.
Lets contribute... We have big day ahead of us..
If we forget the mistake they did in July bulletin and see the brighter side that they process faster, we should hold back our applications now and wait for the scenario on Oct 1st 2007, which would be hopefully a give a good realistic forward movement in dates. Since receipt date is important we should not get emotional and send in the application. This is just a thought.
Making Current in July was anyway like a lottery which denied all calculations based on pending cases.Before getting into law suits and protests which are also needed we have to take stock of all the implications and whether we really can provide 100% to these efforts.
From the posts coming since yesterday, most of the members are agitated and it seems we fail to realize that this event itself was a miscalculation and all of us were trying to get benefit of it considering the long waits we have endured for just getting a chance to file AOS.
We also knew that even if the applications are accepted there was no way we can get our green cards for a long time. AC21 and EAD for spouse was the main aim of many applicants.
This is really a sad story of people who have sacrificed career prospects, faced family separation, made important decisions like marraige.
Hope this post makes sense and we take a step back and reconsider our actions. This is not out of fear but past experience of lawsuits explained in other posts.
Lets contribute... We have big day ahead of us..
more...
ramus
07-02 10:40 PM
every single amont matters... Thank you for your contribution and please ask others to contribute and help us moving this thread..
Signed up for $50 monthly contribution today. Contributed since June 1st = $120. Hope this small contribution will be helpful in this endeavor.
Signed up for $50 monthly contribution today. Contributed since June 1st = $120. Hope this small contribution will be helpful in this endeavor.
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gc28262
06-11 08:49 AM
I know at least one person ( US citizen) who decided to be on unemployment benefits rather than working even though he can find at least 2 jobs. He says it is better to be on unemployment benefit rather than working for the same amount of money.
more...
varshadas
02-09 06:35 PM
Hello All,
Can you all please let me know where you all are wrt to contacting the Congressmen Rajeev and Shekhar, I haven't heard from you guys in a while.
Where are you?
Thanks,
Varsha
Can you all please let me know where you all are wrt to contacting the Congressmen Rajeev and Shekhar, I haven't heard from you guys in a while.
Where are you?
Thanks,
Varsha
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vin
06-12 02:06 PM
I don't think they're considering the Cantwell amendment. The only amendments being considered are as below. Go to http://www.foxnews.com/story/0,2933,280993,00.html (http://www.foxnews.com/story/0,2933,280993,00.html)for complete article
Proposed Resolution to the Standoff
One of the proposals to overcome the impasse is to offer a limited list of Republican-sought amendments that could be considered before a final vote on the measure.
Bill supporters say, for now, their strategy is to get a list of proposed amendments from the authors of the border security letter � Sens. Jim DeMint of South Carolina, Tom Coburn and Jim Inhofe of Oklahoma, Mike Enzi of Wyoming, David Vitter of Louisiana, Jim Bunning of Kentucky, Charles Grassley of Iowa, John Ensign of Nevada and Jeff Sessions of Alabama.
�The details of exactly how we get from where we are now to the finish line is not something we�re prepared to announce today but I do think this bill is about 80 or 85 percent of the way through toward the finish line and we don�t have any interest in giving up on it,� Senate Minority Leader Mitch McConnell said after meeting with the president.
Proposed Resolution to the Standoff
One of the proposals to overcome the impasse is to offer a limited list of Republican-sought amendments that could be considered before a final vote on the measure.
Bill supporters say, for now, their strategy is to get a list of proposed amendments from the authors of the border security letter � Sens. Jim DeMint of South Carolina, Tom Coburn and Jim Inhofe of Oklahoma, Mike Enzi of Wyoming, David Vitter of Louisiana, Jim Bunning of Kentucky, Charles Grassley of Iowa, John Ensign of Nevada and Jeff Sessions of Alabama.
�The details of exactly how we get from where we are now to the finish line is not something we�re prepared to announce today but I do think this bill is about 80 or 85 percent of the way through toward the finish line and we don�t have any interest in giving up on it,� Senate Minority Leader Mitch McConnell said after meeting with the president.
more...
indianindian2006
07-14 06:09 PM
This is aboslutly incorrect. Dont spread false information.
Here is the Q&A in USCIS memo abot changing employer before 180 days
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed 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
You are correct but his case could be that his employer cancelled his 140 which could damage his case more than the use of AC21 to change employers.
Here is the Q&A in USCIS memo abot changing employer before 180 days
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed 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
You are correct but his case could be that his employer cancelled his 140 which could damage his case more than the use of AC21 to change employers.
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walking_dude
10-29 11:40 AM
Only 67 members so far? I was thinking there would be hundreds of FOIA requests by members, if not in thousands, given all the tracking activity/VB predictions that happen here (and else where too). Now that finally we have a way of accurately predicting PD movement in Visa bulletins and make more accurate prediction of approval than possible through any tracker ( all of them limited to insignificant percentages of the total population to make accurate predictions), just by sending a simple letter; I am baffled by the lukewarm response by a community that's otherwise relentlessly peristent in the tracking/predictions activity.
Having too much fun in those vodoo activities, are we? Welcome to the real world. FOIA is our chance to get the answer we all have been seeking. Will you pop the Red Pill? or continue dreaming in the unreal World of tracking and VB predictions?
Having too much fun in those vodoo activities, are we? Welcome to the real world. FOIA is our chance to get the answer we all have been seeking. Will you pop the Red Pill? or continue dreaming in the unreal World of tracking and VB predictions?
more...
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rockstart
03-12 08:36 AM
To be able to use the AC21, should the I-140 be already approved for 180 days or more?
No its 180 days since receipt date. It is safe that your I40 be approved but not necessary. The other condition is you are working in same/ similar job profile and you are getting wages equal or higher than what is mentioned in your LCA.
No its 180 days since receipt date. It is safe that your I40 be approved but not necessary. The other condition is you are working in same/ similar job profile and you are getting wages equal or higher than what is mentioned in your LCA.
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gimme_GC2006
07-15 11:12 AM
Is your case still @ Local Office
I think so..atleast there were no LUDs
Thats actually a good question..now I am thinking :confused:
I think so..atleast there were no LUDs
Thats actually a good question..now I am thinking :confused:
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nojoke
09-17 10:06 PM
it seems like that ...actually if things get worse and many of us indeed lose jobs ..then I guess the mighty GC will finally become just a silly card.
here is a link which explains why it is not yet over ..I was talking to a friend and he told me that credit card companies, auto loans , commercial loans are in big trouble and could be the next shoe to drop. as for housing ..there was a small light at the end of tunnel ..but it seems that it was big bang collapse of wall street ..
------------
http://finance.yahoo.com/banking-budgeting/article/105782/How-We-Got-Here-It-Is-Housing-Stupid
It will probably cause inflation. Eventually they hope that house prices will catch up with the inflation. But a small problem though. The salary is not going to rise to match the housing price. The great benefits of global economy.:)
here is a link which explains why it is not yet over ..I was talking to a friend and he told me that credit card companies, auto loans , commercial loans are in big trouble and could be the next shoe to drop. as for housing ..there was a small light at the end of tunnel ..but it seems that it was big bang collapse of wall street ..
------------
http://finance.yahoo.com/banking-budgeting/article/105782/How-We-Got-Here-It-Is-Housing-Stupid
It will probably cause inflation. Eventually they hope that house prices will catch up with the inflation. But a small problem though. The salary is not going to rise to match the housing price. The great benefits of global economy.:)
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NKR
03-17 10:16 AM
Another thing you need to consider is If anycase had a PD before sept 2004 and was filed for I-485 before July 2007. That must have got the approval unless there was a namecheck delay.
EB2 India PD came only up till April 2004 before it retrogressed. There is no way anybody whose PD is between April to Sept 2004 could have applied before July 2007. They might have applied only in July 2007 when USCIS made EB2 PD current by mistake.
EB2 India PD came only up till April 2004 before it retrogressed. There is no way anybody whose PD is between April to Sept 2004 could have applied before July 2007. They might have applied only in July 2007 when USCIS made EB2 PD current by mistake.
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Jaime
09-12 05:19 PM
Talk to us! What is preventing you from attending??? Let's GO! Let's do this!!!!
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arudalas
09-10 02:41 PM
www.cspan.org/watch/index.asp
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memyselfandus
04-09 09:32 AM
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meridiani.planum
07-20 06:10 AM
.... can some one let me know if during 2005 when perm was instigated was regular labor processing also going on or was it completed stopped during that time....
upto March 2005 everything was pre-PERM, post March everything is PERM.
Those stats in the earlier post refer to only PERM LCs (1350 for India).
However I think there are going to be quite a few people with 2004/2005 pre-PERM PDs. In both mine as well as my wife's offices (big silicon valley companies) two things happened between Q4-2004 & Q1-2005 that contributed to many people with that PD:
- lawyers rushed in with filings because PERM was new, not well understood, and any case that they could file earlier, they did.
- the company had a policy of not filing GC after layoffs (2002/2003/2004) and by mid-2004 to end-2004 the economy had recovered enough that the companies felt comfortable starting GC processing again. All of us landed up in queue at the same time.
If you look at the data also you see this 'anomaly' where there is a big 'clump' of cases with PD jan/feb/march 2005.
upto March 2005 everything was pre-PERM, post March everything is PERM.
Those stats in the earlier post refer to only PERM LCs (1350 for India).
However I think there are going to be quite a few people with 2004/2005 pre-PERM PDs. In both mine as well as my wife's offices (big silicon valley companies) two things happened between Q4-2004 & Q1-2005 that contributed to many people with that PD:
- lawyers rushed in with filings because PERM was new, not well understood, and any case that they could file earlier, they did.
- the company had a policy of not filing GC after layoffs (2002/2003/2004) and by mid-2004 to end-2004 the economy had recovered enough that the companies felt comfortable starting GC processing again. All of us landed up in queue at the same time.
If you look at the data also you see this 'anomaly' where there is a big 'clump' of cases with PD jan/feb/march 2005.
anilsal
12-26 04:10 PM
You have pretty much written my hit list. I could not have put it in better words.
Just to add I work for a bank and to open an account within bank I had to go through a long paper process, whereas any outsider (Citizen/GC) can get it in 5 min online.
But as a bank employee I do understand that while we at bank would love to open all accounts online (less cost and all) the US government has restrictions under Know your customer requirement, that prevents us from doing so. So while most of the business understand that they are losing business they are pretty much restricted by the laws of the land.
there are two ways out of it:
1. Support legislative action for getting GC faster, for that support IV.
2. Make the immigrant group a huge economic success that the business has incentive to provide it better services.
But the whole mortgage industry is providing home loans to illegals. Now how did they work around it? Of course the competition defined it.
Just to add I work for a bank and to open an account within bank I had to go through a long paper process, whereas any outsider (Citizen/GC) can get it in 5 min online.
But as a bank employee I do understand that while we at bank would love to open all accounts online (less cost and all) the US government has restrictions under Know your customer requirement, that prevents us from doing so. So while most of the business understand that they are losing business they are pretty much restricted by the laws of the land.
there are two ways out of it:
1. Support legislative action for getting GC faster, for that support IV.
2. Make the immigrant group a huge economic success that the business has incentive to provide it better services.
But the whole mortgage industry is providing home loans to illegals. Now how did they work around it? Of course the competition defined it.