mahendra_t
07-19 01:50 PM
Reached Jul 2 via fedEx, I don't know what time though.
wallpaper Man, how cool would it be to
saileshdude
07-04 12:22 PM
I have been a big fan of IV and have been a visitor to IV for a while. I now plan to become a volunteer and join my state chapter and also contribute in all possible ways to IV because I think IV is the best thing to happen to this community.
Dear gurus - here is my issue and I need some real concrete help.
I was working for a New Jersey based consulting company on a percentage basis ie 80/20 and all costs towards GC and h1b were by me. I found my own projects and negotiated my own billing rate.
I worked for this company for 3 years and filed for 485 in July 2007. I am EB2 India with a priority date of March 2nd, 2006. My 140 was approved in June, 2006.
In March, 2008 my project got over and I started looking for new projects. Market conditions forced me to take up a fulltime job using my EAD and I had to move into a fulltime job.
As it is safe past 180 days, I used AC21 portability and moved.
I had been having excellent relationship with my desi employer and in fact also payed up some money to the employer because the client did not pay for last 2 months of my project and my desi employer held me responsible as it was me who negotiated with the client and said it is my issue - for which I agreed.
I already sent a AC21 letter to USCIS through my Attorney - I am not sure if my file got updated.
My desi employer wants to withdraw the 140 petition now. He says, he cannot keep 140 petitions of employees who leave the organization and not on w2 and he will have "ability to pay issue"
I have heard horror stories of USCIS issuing denials and NOID because AC21 letter never reached the file even though it was sent in time and I guess this is exactly what my desi employer thinks - teach lesson by withdrawing 140.
I spoke to my Attorney and she says "your file may not be updated but we will keep a record that we sent" useful in case we want to respond to NOID or RFE.
Folks - please post your AC21 success/horror stories when previous employer withdrew the 140 petition.
What are my options to avoid a NOID or denial
Thanks in advance
I am in a similar situation , though not exactly the same. In my case I was laid off and my company is going to revoke the I-140 because the position is not there any more. I pleaded them not revoke the I-140 but they said they have to withdraw it as they do not want any liability. My company has about 30,000 employees. I also have the same question as to how I should avoid NOID or denial.
I have seen lot of people switch using AC21 but most of their employers do not revoke I-140. I have yet to see cases where a person's I-140 was actually revoked after 180 days and they were still safe and got their GC approved.
Dear gurus - here is my issue and I need some real concrete help.
I was working for a New Jersey based consulting company on a percentage basis ie 80/20 and all costs towards GC and h1b were by me. I found my own projects and negotiated my own billing rate.
I worked for this company for 3 years and filed for 485 in July 2007. I am EB2 India with a priority date of March 2nd, 2006. My 140 was approved in June, 2006.
In March, 2008 my project got over and I started looking for new projects. Market conditions forced me to take up a fulltime job using my EAD and I had to move into a fulltime job.
As it is safe past 180 days, I used AC21 portability and moved.
I had been having excellent relationship with my desi employer and in fact also payed up some money to the employer because the client did not pay for last 2 months of my project and my desi employer held me responsible as it was me who negotiated with the client and said it is my issue - for which I agreed.
I already sent a AC21 letter to USCIS through my Attorney - I am not sure if my file got updated.
My desi employer wants to withdraw the 140 petition now. He says, he cannot keep 140 petitions of employees who leave the organization and not on w2 and he will have "ability to pay issue"
I have heard horror stories of USCIS issuing denials and NOID because AC21 letter never reached the file even though it was sent in time and I guess this is exactly what my desi employer thinks - teach lesson by withdrawing 140.
I spoke to my Attorney and she says "your file may not be updated but we will keep a record that we sent" useful in case we want to respond to NOID or RFE.
Folks - please post your AC21 success/horror stories when previous employer withdrew the 140 petition.
What are my options to avoid a NOID or denial
Thanks in advance
I am in a similar situation , though not exactly the same. In my case I was laid off and my company is going to revoke the I-140 because the position is not there any more. I pleaded them not revoke the I-140 but they said they have to withdraw it as they do not want any liability. My company has about 30,000 employees. I also have the same question as to how I should avoid NOID or denial.
I have seen lot of people switch using AC21 but most of their employers do not revoke I-140. I have yet to see cases where a person's I-140 was actually revoked after 180 days and they were still safe and got their GC approved.
chintu25
03-27 09:32 AM
I see no harm in such a thread.......... Umeed pe duniya kayam hai dost ........
We can try our best in supporting all efforts but whats the harm to look/predict the bulletin.
Dint the USCIS "intelligently" grant most of us here EADs in July 2007 bulletin .:p
We can try our best in supporting all efforts but whats the harm to look/predict the bulletin.
Dint the USCIS "intelligently" grant most of us here EADs in July 2007 bulletin .:p
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pappu
04-17 08:11 AM
It seems we are busy calculating $1= 42 Rupees all the time. Maybe we should reduce the recuring payments to Rupees 20. That will help everyone.
:)
:)
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wellwisher02
05-13 04:46 PM
I would strongly suggest, people refrain from using words like injustice, etc., Injustice implies the US govt is doing something wrong, when they are not. Such accusations do not reflect well on us and are unlikely to benefit in any meaningful way.
Desis are impacted because we are just so many of us. No other reason. Keep in mind that we are still walking away with the bulk of green cards each year, far above the stipulated Quota.
The Green card system exists for the benefit of America. It will not be tailored to meet the individual needs of overpopulated countries. All we can do is request them to improve the system and make it easier for applicants. Taking the aggressive approach of accusations, demanding for change, asking for more, etc., will not work.
---
Agree with you! I faintly remember a reputed attorney filing a suit against INS a couple of years back against protracted GC on behalf of the GC community. It was rejected outright.
Desis are impacted because we are just so many of us. No other reason. Keep in mind that we are still walking away with the bulk of green cards each year, far above the stipulated Quota.
The Green card system exists for the benefit of America. It will not be tailored to meet the individual needs of overpopulated countries. All we can do is request them to improve the system and make it easier for applicants. Taking the aggressive approach of accusations, demanding for change, asking for more, etc., will not work.
---
Agree with you! I faintly remember a reputed attorney filing a suit against INS a couple of years back against protracted GC on behalf of the GC community. It was rejected outright.
ras
12-16 10:51 PM
Yes you said it right. See if IV can come up with some provision to encourage those who have expressed to shell out only few dollars. It doesn't look good critisizing those who have expressed their geniune feelings.
The question here is not asking the Poster to donate more but rather tell him the provisions to contribute less as well.
No two individuals are at the same thinking level. so his thoughts are that he can contribute less frequently if allowed. So let him know how he can do that. There may be many in the same boat like him.
For the sake of generating more funds, let IV act like collection agency and look at the member as a customer/defaulter(those fence sitters). Collection Agencies make all sorts of efforts and provisions to collect money from these people. Finally they end up some how getting the money paid. There could be a payment installments based on the capability, lesser or higher amount, reminders etc. I am not sure if this anology is good for IV or not. The ultimate goal is to generate funds with the willingness from the members...
You gave perfect examples here. Let's take a close look.
If you think the atterney fee worth $10, you wouln't hire an atterney asking for $6k. Samething with the restraunt check. Samething with IV contribution. If you think $100 is too high, you don't pay it. But if you think it worth $10 you simply ask for it, like everybody will do. Imagine a car saleman responds to his potential buyer's request to a lower price of a car with insulting remarks, he'll loose this customer and many more.
And IV ALLOWED everyone ...? You went too far, pal.
The question here is not asking the Poster to donate more but rather tell him the provisions to contribute less as well.
No two individuals are at the same thinking level. so his thoughts are that he can contribute less frequently if allowed. So let him know how he can do that. There may be many in the same boat like him.
For the sake of generating more funds, let IV act like collection agency and look at the member as a customer/defaulter(those fence sitters). Collection Agencies make all sorts of efforts and provisions to collect money from these people. Finally they end up some how getting the money paid. There could be a payment installments based on the capability, lesser or higher amount, reminders etc. I am not sure if this anology is good for IV or not. The ultimate goal is to generate funds with the willingness from the members...
You gave perfect examples here. Let's take a close look.
If you think the atterney fee worth $10, you wouln't hire an atterney asking for $6k. Samething with the restraunt check. Samething with IV contribution. If you think $100 is too high, you don't pay it. But if you think it worth $10 you simply ask for it, like everybody will do. Imagine a car saleman responds to his potential buyer's request to a lower price of a car with insulting remarks, he'll loose this customer and many more.
And IV ALLOWED everyone ...? You went too far, pal.
more...
USINPAC
07-13 02:57 PM
July 13, 2007
Aman Kapoor
Co-Founder
Immigration Voice
P.O. Box 114
Dayton, NJ 08810
aman@immigrationvoice.org
Dear Aman,
This letter is regarding the article "Say it with flowers: Gandhigiri for US green cards" published by the Indian Express on Wednesday, July 11, 2007. The article erroneously indicated that Robinder Sachdev from USINPAC was a coordinator of the flower protest initiative. As you obviously know, this is incorrect. I assure you that Mr. Sachdev did not make this false representation. We are reaching out to the reporter requesting they publish a clarification. USINPAC is aware that the flower plan was originated and organized by Immigration Voice and has responded to all enquiries accordingly. Please feel free to call (202-276-7946) or email me on this, if you have any further questions.
Warm Regards,
Surabhi Garg
Director, Member Initiatives
202-276-7946 (Cell#)
sgarg@usinpac.com
www.usinpac.com
Aman Kapoor
Co-Founder
Immigration Voice
P.O. Box 114
Dayton, NJ 08810
aman@immigrationvoice.org
Dear Aman,
This letter is regarding the article "Say it with flowers: Gandhigiri for US green cards" published by the Indian Express on Wednesday, July 11, 2007. The article erroneously indicated that Robinder Sachdev from USINPAC was a coordinator of the flower protest initiative. As you obviously know, this is incorrect. I assure you that Mr. Sachdev did not make this false representation. We are reaching out to the reporter requesting they publish a clarification. USINPAC is aware that the flower plan was originated and organized by Immigration Voice and has responded to all enquiries accordingly. Please feel free to call (202-276-7946) or email me on this, if you have any further questions.
Warm Regards,
Surabhi Garg
Director, Member Initiatives
202-276-7946 (Cell#)
sgarg@usinpac.com
www.usinpac.com
2010 Darth Maul Star Wars Wallpaper
walking_dude
03-18 10:56 AM
The, few, motivated members like me who do take time off to visit Congressmen offices - do make all the points written down by you and some more. Our issue isn't that we are short of ideas or points. We have them in plenty. I assure you that I have raised these issues and made these points in every meeting that I have had so far.
Our issue is shortage of volunteers ready to visit Congressmen offices and making these points. It's highly critical that IV members keep visiting these lawmaker offices in small groups on a continuing basis (one group after another) to keep up the pressure and convince them of the genuineness and the breadth of our problem.
It would help our cause immensely if members did actually meet the lawmakers and made these points themselves, instead of expecting the few motivated members to act like a postman between them and the lawmakers. If lawmakers saw a larger number of members approaching them with the same points, it will make a better impact than a group of three which approaches them one in a while. It would help your cause as well as ours, if members did take initiative, set up meetings, and participated in these activities organized by state chapters in greater numbers
o.k. I agree. This was my suggestion - whenever core or senior or motivated members meet congressmen or other important people - he/she can just add this comment(in addition to whatever else they want to say) -
---------
Sir/Madam,
we represent the legal immigrant community. we believe that around 300K legal immigrants would contribute more to the US if something was done to take care of the inefficiencies and the long delays at USCIS. many of us have put on hold important decisions like buying houses, cars etc because of the uncertainities in the legal immigration process ..if something steps were taken to give the legal community ( like multiple year EAD's, less wastage of visa / visa recapture etc etc etc) ...then we can communicate the same to our members and this would help everyone etc etc etc. and maybe add the point that due to excessive delays and uncertainities (and the uncaring attitude of USCIS ..driver license issues etc) many skilled immi end up migrating to other countries which are more welcoming like canada, australia etc
---------------
I dont see how the above can hurt ?? maybe we need to write the above in a better way ...BTW even greenspan earlier had said that the problem in housing was an excess inventory of about 200 to 300 k house..ofcourse we cannot solve the present problems which is beyond everyone ..our aim is just to get more stability with multiple year EAD or faster GC's
Our issue is shortage of volunteers ready to visit Congressmen offices and making these points. It's highly critical that IV members keep visiting these lawmaker offices in small groups on a continuing basis (one group after another) to keep up the pressure and convince them of the genuineness and the breadth of our problem.
It would help our cause immensely if members did actually meet the lawmakers and made these points themselves, instead of expecting the few motivated members to act like a postman between them and the lawmakers. If lawmakers saw a larger number of members approaching them with the same points, it will make a better impact than a group of three which approaches them one in a while. It would help your cause as well as ours, if members did take initiative, set up meetings, and participated in these activities organized by state chapters in greater numbers
o.k. I agree. This was my suggestion - whenever core or senior or motivated members meet congressmen or other important people - he/she can just add this comment(in addition to whatever else they want to say) -
---------
Sir/Madam,
we represent the legal immigrant community. we believe that around 300K legal immigrants would contribute more to the US if something was done to take care of the inefficiencies and the long delays at USCIS. many of us have put on hold important decisions like buying houses, cars etc because of the uncertainities in the legal immigration process ..if something steps were taken to give the legal community ( like multiple year EAD's, less wastage of visa / visa recapture etc etc etc) ...then we can communicate the same to our members and this would help everyone etc etc etc. and maybe add the point that due to excessive delays and uncertainities (and the uncaring attitude of USCIS ..driver license issues etc) many skilled immi end up migrating to other countries which are more welcoming like canada, australia etc
---------------
I dont see how the above can hurt ?? maybe we need to write the above in a better way ...BTW even greenspan earlier had said that the problem in housing was an excess inventory of about 200 to 300 k house..ofcourse we cannot solve the present problems which is beyond everyone ..our aim is just to get more stability with multiple year EAD or faster GC's
more...
superdoc
09-23 08:32 PM
Hi Gurus,
I am in a unique situation and your valuable advice is highly appreciated. I worked for company A for 3 years and filed my 140 and 485(july 2007). I quit the company in may this year and joined another company. My 140 was approved on 06/16/2006. recently my previous employer revoked my I-140. I got a notice from USCIS that my I-140 and I-485 has been withdrawn. As per my new attorney since i meet all the conditions for job porting (180 days, 140 approved, and same job profile), no one else other than me can withdraw my I-485 application. my attorney filed an MTR today. Can i work while my MTR is pending. Is Withdrawal acknowledgement notice is same as denial notice ? please help
sorry to hear that..i think u should be fine are u on h1 or ead..if on h1 then there should be no problem...
FYI-- is it this desi employer?
I am in a unique situation and your valuable advice is highly appreciated. I worked for company A for 3 years and filed my 140 and 485(july 2007). I quit the company in may this year and joined another company. My 140 was approved on 06/16/2006. recently my previous employer revoked my I-140. I got a notice from USCIS that my I-140 and I-485 has been withdrawn. As per my new attorney since i meet all the conditions for job porting (180 days, 140 approved, and same job profile), no one else other than me can withdraw my I-485 application. my attorney filed an MTR today. Can i work while my MTR is pending. Is Withdrawal acknowledgement notice is same as denial notice ? please help
sorry to hear that..i think u should be fine are u on h1 or ead..if on h1 then there should be no problem...
FYI-- is it this desi employer?
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tempworker_tn_1
04-03 10:56 AM
I am surprised some friends thought Ed should mention our agenda in an article which is talking about how to keep & increase the vote of the GOP.
Even if every member of IV is given a green card this afternoon, none would be able to vote in 5 years, unless you are in the military. We have less connection to the citizens in the United States than the undocumented workers. Latino citizens vote for more Latinos, but some Chinese citizens may think there are too many Chinese in the United States already!
In one word, none of us can vote in 5 years. Neither can we persuade the citizens we know.
Then, why ED should mention high-skilled worker in an article for VOTE anyway?
Even if every member of IV is given a green card this afternoon, none would be able to vote in 5 years, unless you are in the military. We have less connection to the citizens in the United States than the undocumented workers. Latino citizens vote for more Latinos, but some Chinese citizens may think there are too many Chinese in the United States already!
In one word, none of us can vote in 5 years. Neither can we persuade the citizens we know.
Then, why ED should mention high-skilled worker in an article for VOTE anyway?
more...
smisachu
09-22 10:20 PM
Why don't we mail copies of our degree certificates, diplomas and other credentials? They will know who is more educated..Lou Dobbs or us !!!
The broken system is causing a reverse brain rain, right? Well How about we:
1- Each one of us buys 10 bath tub stoppers (you know, the stoppers you use when taking a bath, to stop the water from going down the drain) and mail them to Congress, Media, USCIS, etc- With a letter "Please stop the self-inflicted U.S. Reverse Brain Drain, already 100,000 highly-skilled have left, stop the 10-year green card delays for LEGAL highly-skilled immigrants that is pushing them out of the country in frustration and lured by the boming economies of their home countries. Retain these highly-skilld immigrats that the U.S. needs while American universities train more Americans in the sciences, math and technology that the country does NOT currently have and desperately needs to retain U.S. global leadership and competitiveness"...or something like that
2-At the same time, we ALL send WHITE roses to Congress (Roses are now IV's trademark, we are known for them and the peace they mean, and roses should probably be on IV's logo too) Attach same note
THAT will send a strong message!!! (trust me)
The broken system is causing a reverse brain rain, right? Well How about we:
1- Each one of us buys 10 bath tub stoppers (you know, the stoppers you use when taking a bath, to stop the water from going down the drain) and mail them to Congress, Media, USCIS, etc- With a letter "Please stop the self-inflicted U.S. Reverse Brain Drain, already 100,000 highly-skilled have left, stop the 10-year green card delays for LEGAL highly-skilled immigrants that is pushing them out of the country in frustration and lured by the boming economies of their home countries. Retain these highly-skilld immigrats that the U.S. needs while American universities train more Americans in the sciences, math and technology that the country does NOT currently have and desperately needs to retain U.S. global leadership and competitiveness"...or something like that
2-At the same time, we ALL send WHITE roses to Congress (Roses are now IV's trademark, we are known for them and the peace they mean, and roses should probably be on IV's logo too) Attach same note
THAT will send a strong message!!! (trust me)
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unitednations
04-27 04:20 PM
^^^^^^^^^
yes; if you are gaining experience from current employer it has to be 50% different.
Practical issue is that DOL analyst very rarely analyzes it as such. They just deny it stating that experience was gained through petitioning employer. Then you have to go through the appeals route and try to get it approved that way.
yes; if you are gaining experience from current employer it has to be 50% different.
Practical issue is that DOL analyst very rarely analyzes it as such. They just deny it stating that experience was gained through petitioning employer. Then you have to go through the appeals route and try to get it approved that way.
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house Star Wars Episode 3 Revenge Of
Mr. Brown
08-11 12:22 AM
EB-1: C
EB-2: C
EB-3: C
Why? Weak economy ... gov. needs more money from our filings :D
EB-2: C
EB-3: C
Why? Weak economy ... gov. needs more money from our filings :D
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mpadapa
07-20 12:12 PM
EB3 India, PD Jan 2004. AOS applications delivered on July 2 by Express Mail.
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ghost
08-22 10:32 AM
Useful Information. Please let us know if you indeed got the copy of your 140 from USCIS.
It will help all those who want to port their PD while shifting companies without being at the mercy of the employer.
It will help all those who want to port their PD while shifting companies without being at the mercy of the employer.
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shimul99
10-23 09:11 PM
I received my EAD last month. But no AP yet. However, i received an email from my lawyer today that.....my AP got rejected. The rejection letter is saying that I485 got approved that's why the I131 is rejected.....therefore, my lawyer is waiting for the I485 approval.....but my lawyer told me that I can expect my card soon.
I don't know how to react. The online doesn't have any update about the I485 status yet. They received my application on July 2, 2007.
I don't know how to react. The online doesn't have any update about the I485 status yet. They received my application on July 2, 2007.
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chi_shark
09-26 04:55 PM
llc and s-corp are same for the situation you brought up... however, you gotta be mindful of the "corporate veil"... http://en.wikipedia.org/wiki/Piercing_the_corporate_veil trap... which can affect any company llc or corp... dont worry, there is nothing bad in it... just make sure that you keep real good records and separate business operations from personal...
further i doubt that s-corp or corp is a promotion over llc as your post seems to suggest...
anyway... your choice is not bad... and neither is mine...
disclaimer: many experts dont consider wikipedia a reliable source of information.
the low risk lies in the fact that any adverse decision you may have to take ever (God forbid) like bankruptcy does not affect your own personal credit history and assets. I am not sure whether the same exists for corp or not. So I may be wrong regarding the low risk factor of LLC. But I always had the notion of starting any venture as an LLC and then moving on to a corp.
further i doubt that s-corp or corp is a promotion over llc as your post seems to suggest...
anyway... your choice is not bad... and neither is mine...
disclaimer: many experts dont consider wikipedia a reliable source of information.
the low risk lies in the fact that any adverse decision you may have to take ever (God forbid) like bankruptcy does not affect your own personal credit history and assets. I am not sure whether the same exists for corp or not. So I may be wrong regarding the low risk factor of LLC. But I always had the notion of starting any venture as an LLC and then moving on to a corp.
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reddymjm
01-21 02:43 PM
Only way is Visa # recapture or USCIS Start interpreting the overflow rules as it was before 2007 or come up with some thing new to share between EB2/3.
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jonty_11
02-07 05:11 PM
go to DOl website and peruse the different Job Classifications and then see if any job responsibility for a particualr job Code fall under Job Zone 5 - whcih may be close to the kind of duties u perform...and try to convince ur manager and then ur lawyer.
You can find no such Job Code - you are out of luck.
You can find no such Job Code - you are out of luck.
dummgelauft
08-25 11:41 AM
According to this data...once we get to Dec. 2005 - Jan 2006 PDs, we will hit a MAJOR MAJOR roadblock....
Now, I just say this based on the PERCENTAGES here. Do we know the the absolute number of PDs, post Dec. 2005?
Now, I just say this based on the PERCENTAGES here. Do we know the the absolute number of PDs, post Dec. 2005?
desidas
02-01 12:28 PM
Gurus,
At PortOfEntry, CBP officers are QUESTIONING IF you are working for the sponsoring employer and many folks just switched jobs with AC-21 with no valid H1B anymore.
Questions:
1. What are the Consequences at Port of Entry on travelling with AP and NOT working for the ORIGINAL GC sponsor?
2. Can anyone share thier experience what was the outcome at Port of Entry when the answer is "NO - I am not working with sponsoring employer anymore" Were they held at Portof Entry indefinitely ?
3. What Steps can anyone take when at CBP office/Immigration Official is NOT allowing you to re-enter US on Valid AP (I-485 pending) and you are NOT working for sponsoring employer and no valid H1B?
At PortOfEntry, CBP officers are QUESTIONING IF you are working for the sponsoring employer and many folks just switched jobs with AC-21 with no valid H1B anymore.
Questions:
1. What are the Consequences at Port of Entry on travelling with AP and NOT working for the ORIGINAL GC sponsor?
2. Can anyone share thier experience what was the outcome at Port of Entry when the answer is "NO - I am not working with sponsoring employer anymore" Were they held at Portof Entry indefinitely ?
3. What Steps can anyone take when at CBP office/Immigration Official is NOT allowing you to re-enter US on Valid AP (I-485 pending) and you are NOT working for sponsoring employer and no valid H1B?
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