milind70
08-23 04:13 PM
That is wishful thinking.I know people with more recent priority dates got cleared in june but it will go back to PD system from now on again,how else can they do it.The reason why (to eveyone's surprise) they made everything current was to clear some of these cases which were filed long ago(I-485) but were stuck due to the retrogression.This is obviously not going to happen again for sometime since they now have hundreds of thousands of more cases.
I think this will happen again but only in the last quarter when USCIS has to utilise all the visa numbers .With the fiasco that happened in July ,there will be a substantial movement in PDs for June 2008 VB or in the last quarter as they will want to approve cases which have been cleared but cant be approved due to PD not being current. So we will see this kind of scenario almost every last quarter. Also there is a high probablity because
1. they would not like to waste visa numbers .
2. USCIS in under the pressure for media to work in a more efficient manner and justify the fee hikes
3. this also happens to make some people from the immigrant community happy ( atleast something is happening rather than nothing is happening)
I think this will happen again but only in the last quarter when USCIS has to utilise all the visa numbers .With the fiasco that happened in July ,there will be a substantial movement in PDs for June 2008 VB or in the last quarter as they will want to approve cases which have been cleared but cant be approved due to PD not being current. So we will see this kind of scenario almost every last quarter. Also there is a high probablity because
1. they would not like to waste visa numbers .
2. USCIS in under the pressure for media to work in a more efficient manner and justify the fee hikes
3. this also happens to make some people from the immigrant community happy ( atleast something is happening rather than nothing is happening)
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Carlau
01-10 10:05 PM
I wish some group were working on getting attached in some bill a provision that lets the H-4s work. I thought we had a good chance because it is under discussion a bill similar to Bill S.2611 that would let the spouses of the Illegal workers regularized under Blue card status to also work so I assumed that a some point they were going to have a provision for the spouses of H-1Bs. I hope IV and QGA are doing something about this. If no group brings to the senators etc.'s attention that there is a part unattended regading the H-1B spouses right to work, nothing would happen. Here is what I am trying to say:
If S.2611 is going to be discussed in the senate/house, this will allow the spouse of the Blue card status worker (previously illegal worker and now regularized) to work for any employer -while the spouse is in blue card status-, shouldn't it be mentioned in the same law in the parragraph with the H-1B and dependandts provision that that the same applies for the H-1B spouses -that they could work for any employer while the H-1B status of the spouse is valid-? The L-1 spouses can work too so why do we H-4s have to suffer? Why nobody is advocating this?
This is the parragraph:
"... (iii) EMPLOYMENT- The spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status. ..."
http://thomas.loc.gov/cgi-bin/bdquery/z?d109:SN02611: then select "Text of legislation" and then select "2 . Comprehensive Immigration Reform Act of 2006 (Engrossed as Agreed to or Passed by Senate)[S.2611.ES] " (unfortunately the direct link is temporary so you need to follow these instructions to reach it)
.2611
Comprehensive Immigration Reform Act of 2006 (Engrossed as Agreed to or Passed by Senate)
________________________________________
TITLE IV--NONIMMIGRANT AND IMMIGRANT VISA REFORM
Subtitle A--Temporary Guest Workers
CHAPTER 1--PILOT PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL WORKERS
SEC. 613. AGRICULTURAL WORKERS.
(a) Blue Card Program-
(1) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall confer blue card status upon an alien who qualifies under this subsection if the Secretary determines that the alien--
(A) has performed agricultural employment in the United States for at least 863 hours or 150 work days during the 24-month period ending on December 31, 2005;
(B) applied for such status during the 18-month application period beginning on the first day of the seventh month that begins after the date of enactment of this Act; and
(C) is otherwise admissible to the United States under section 212 of the Immigration and Nationality Act (8 U.S.C. 1182), except as otherwise provided under subsection (e)(2).
(2) AUTHORIZED TRAVEL- An alien in blue card status has the right to travel abroad (including commutation from a residence abroad) in the same manner as an alien lawfully admitted for permanent residence.
(3) AUTHORIZED EMPLOYMENT- An alien in blue card status shall be provided an `employment authorized' endorsement or other appropriate work permit, in the same manner as an alien lawfully admitted for permanent residence.
(4) TERMINATION OF BLUE CARD STATUS-
(A) IN GENERAL- The Secretary may terminate blue card status granted under this subsection only upon a determination under this subtitle that the alien is deportable.
(B) GROUNDS FOR TERMINATION OF BLUE CARD STATUS- ...
(b) Rights of Aliens Granted Blue Card Status-
(1) IN GENERAL- Except as otherwise provided under this subsection, an alien in blue card status shall be considered to be an alien lawfully admitted for permanent residence for purposes of any law other than any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(A) IN GENERAL- Except as provided in subparagraph (B), the Secretary shall adjust the status of an alien granted blue card status to that of an alien lawfully admitted for permanent residence if the Secretary determines that the following requirements are satisfied:
(i) QUALIFYING EMPLOYMENT- The alien has performed at least--
(I) 5 years of agricultural employment in the United States, for at least 100 work days or 575 hours, but in no case less than 575 hours per year, during the 5-year period beginning on the date of the enactment of this Act; or
(II) 3 years of agricultural employment in the United States, for at least 150 work days or 863 hours, but in no case less than 863 hours per year, during the 5-year period beginning on the date of the enactment of this Act.
(ii) PROOF- An alien may demonstrate compliance with the requirement under clause (i) by submitting--
...
(C) GROUNDS FOR REMOVAL- Any alien granted blue card status who does not apply for adjustment of status under this subsection before the expiration of the application period described in subparagraph (A)(iv), or who fails to meet the other requirements of subparagraph (A) by the end of the applicable period, is deportable and may be removed under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a).
(D) PAYMENT OF TAXES-
(i) IN GENERAL- Not later than the date on which an alien's status is adjusted under this subsection, the alien shall establish the payment of any applicable Federal tax liability by establishing that--
(I) no such tax liability exists;
(II) all outstanding liabilities have been paid; or
(III) the alien has entered into an agreement for payment of all outstanding liabilities with the Internal Revenue Service.
....
(2) SPOUSES AND MINOR CHILDREN-(A) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall confer the status of lawful permanent resident on the spouse and minor child of an alien granted status under paragraph (1), including any individual who was a minor child on the date such alien was granted blue card status, if the spouse or minor child applies for such status, or if the principal alien includes the spouse or minor child in an application for adjustment of status to that of a lawful permanent resident.
(B) TREATMENT OF SPOUSES AND MINOR CHILDREN BEFORE ADJUSTMENT OF STATUS-
(i) REMOVAL- The spouse and any minor child of an alien granted blue card status may not be removed while such alien maintains such status, except as provided in subparagraph (C).
(ii) TRAVEL- The spouse and any minor child of an alien granted blue card status may travel outside the United States in the same manner as an alien lawfully admitted for permanent residence.
(iii) EMPLOYMENT- The spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status.
(C) GROUNDS FOR DENIAL OF ADJUSTMENT OF STATUS AND REMOVAL- The Secretary may deny an alien spouse or child adjustment of status under subparagraph (A) and may remove such spouse or child under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a) if the spouse or child--
(i) commits an act that makes the alien spouse or child inadmissible to the United States under section 212 of such Act (8 U.S.C. 1182), except as provided under subsection (e)(2);
(ii) is convicted of a felony or 3 or more misdemeanors committed in the United States; or
(iii) is convicted of a single misdemeanor for which the actual sentence served is 6 months or longer.
If S.2611 is going to be discussed in the senate/house, this will allow the spouse of the Blue card status worker (previously illegal worker and now regularized) to work for any employer -while the spouse is in blue card status-, shouldn't it be mentioned in the same law in the parragraph with the H-1B and dependandts provision that that the same applies for the H-1B spouses -that they could work for any employer while the H-1B status of the spouse is valid-? The L-1 spouses can work too so why do we H-4s have to suffer? Why nobody is advocating this?
This is the parragraph:
"... (iii) EMPLOYMENT- The spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status. ..."
http://thomas.loc.gov/cgi-bin/bdquery/z?d109:SN02611: then select "Text of legislation" and then select "2 . Comprehensive Immigration Reform Act of 2006 (Engrossed as Agreed to or Passed by Senate)[S.2611.ES] " (unfortunately the direct link is temporary so you need to follow these instructions to reach it)
.2611
Comprehensive Immigration Reform Act of 2006 (Engrossed as Agreed to or Passed by Senate)
________________________________________
TITLE IV--NONIMMIGRANT AND IMMIGRANT VISA REFORM
Subtitle A--Temporary Guest Workers
CHAPTER 1--PILOT PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL WORKERS
SEC. 613. AGRICULTURAL WORKERS.
(a) Blue Card Program-
(1) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall confer blue card status upon an alien who qualifies under this subsection if the Secretary determines that the alien--
(A) has performed agricultural employment in the United States for at least 863 hours or 150 work days during the 24-month period ending on December 31, 2005;
(B) applied for such status during the 18-month application period beginning on the first day of the seventh month that begins after the date of enactment of this Act; and
(C) is otherwise admissible to the United States under section 212 of the Immigration and Nationality Act (8 U.S.C. 1182), except as otherwise provided under subsection (e)(2).
(2) AUTHORIZED TRAVEL- An alien in blue card status has the right to travel abroad (including commutation from a residence abroad) in the same manner as an alien lawfully admitted for permanent residence.
(3) AUTHORIZED EMPLOYMENT- An alien in blue card status shall be provided an `employment authorized' endorsement or other appropriate work permit, in the same manner as an alien lawfully admitted for permanent residence.
(4) TERMINATION OF BLUE CARD STATUS-
(A) IN GENERAL- The Secretary may terminate blue card status granted under this subsection only upon a determination under this subtitle that the alien is deportable.
(B) GROUNDS FOR TERMINATION OF BLUE CARD STATUS- ...
(b) Rights of Aliens Granted Blue Card Status-
(1) IN GENERAL- Except as otherwise provided under this subsection, an alien in blue card status shall be considered to be an alien lawfully admitted for permanent residence for purposes of any law other than any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(A) IN GENERAL- Except as provided in subparagraph (B), the Secretary shall adjust the status of an alien granted blue card status to that of an alien lawfully admitted for permanent residence if the Secretary determines that the following requirements are satisfied:
(i) QUALIFYING EMPLOYMENT- The alien has performed at least--
(I) 5 years of agricultural employment in the United States, for at least 100 work days or 575 hours, but in no case less than 575 hours per year, during the 5-year period beginning on the date of the enactment of this Act; or
(II) 3 years of agricultural employment in the United States, for at least 150 work days or 863 hours, but in no case less than 863 hours per year, during the 5-year period beginning on the date of the enactment of this Act.
(ii) PROOF- An alien may demonstrate compliance with the requirement under clause (i) by submitting--
...
(C) GROUNDS FOR REMOVAL- Any alien granted blue card status who does not apply for adjustment of status under this subsection before the expiration of the application period described in subparagraph (A)(iv), or who fails to meet the other requirements of subparagraph (A) by the end of the applicable period, is deportable and may be removed under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a).
(D) PAYMENT OF TAXES-
(i) IN GENERAL- Not later than the date on which an alien's status is adjusted under this subsection, the alien shall establish the payment of any applicable Federal tax liability by establishing that--
(I) no such tax liability exists;
(II) all outstanding liabilities have been paid; or
(III) the alien has entered into an agreement for payment of all outstanding liabilities with the Internal Revenue Service.
....
(2) SPOUSES AND MINOR CHILDREN-(A) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall confer the status of lawful permanent resident on the spouse and minor child of an alien granted status under paragraph (1), including any individual who was a minor child on the date such alien was granted blue card status, if the spouse or minor child applies for such status, or if the principal alien includes the spouse or minor child in an application for adjustment of status to that of a lawful permanent resident.
(B) TREATMENT OF SPOUSES AND MINOR CHILDREN BEFORE ADJUSTMENT OF STATUS-
(i) REMOVAL- The spouse and any minor child of an alien granted blue card status may not be removed while such alien maintains such status, except as provided in subparagraph (C).
(ii) TRAVEL- The spouse and any minor child of an alien granted blue card status may travel outside the United States in the same manner as an alien lawfully admitted for permanent residence.
(iii) EMPLOYMENT- The spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status.
(C) GROUNDS FOR DENIAL OF ADJUSTMENT OF STATUS AND REMOVAL- The Secretary may deny an alien spouse or child adjustment of status under subparagraph (A) and may remove such spouse or child under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a) if the spouse or child--
(i) commits an act that makes the alien spouse or child inadmissible to the United States under section 212 of such Act (8 U.S.C. 1182), except as provided under subsection (e)(2);
(ii) is convicted of a felony or 3 or more misdemeanors committed in the United States; or
(iii) is convicted of a single misdemeanor for which the actual sentence served is 6 months or longer.
gc_waiter56
02-20 10:04 PM
Dear Mercies,
IV is a registered Non-profit Organization and for your kind information lobbying is not illegal in United States of America. What is illegal for a non-profit organization is to contribute to the election campaigns.
IV is in no way in the business of contributing to any election campaign. IV has hired a well-known reputed Public affairs firm who can voice our concerns in the legislative circles of this country so that they can be taken care of and this is perfectly legal in this U.S.A. Lobbying is just another word to represent put your issues in front of lawmakers. Now, to have a professional & effective representation one needs to hire a Professional of repute which is what IV has done by hiring QGA.
If you want to help this cause and have questions which are not being addressed then why don't you pick up the phone and give IV a call and also suggest the same to other folks who share similar sentiments
I hope this will help in clearing some of your doubts regarding legality of lobbying or hiring of a lobbying firm.
IV is a registered Non-profit Organization and for your kind information lobbying is not illegal in United States of America. What is illegal for a non-profit organization is to contribute to the election campaigns.
IV is in no way in the business of contributing to any election campaign. IV has hired a well-known reputed Public affairs firm who can voice our concerns in the legislative circles of this country so that they can be taken care of and this is perfectly legal in this U.S.A. Lobbying is just another word to represent put your issues in front of lawmakers. Now, to have a professional & effective representation one needs to hire a Professional of repute which is what IV has done by hiring QGA.
If you want to help this cause and have questions which are not being addressed then why don't you pick up the phone and give IV a call and also suggest the same to other folks who share similar sentiments
I hope this will help in clearing some of your doubts regarding legality of lobbying or hiring of a lobbying firm.
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GCInThisLife
07-19 02:43 PM
Let me correct it.. I read somewhere that it is considered not a major problem if some one is out of status for less than 180 days cumulatively.
Sorry you answer is not clear to me. You mean I was out of status and I will have problem at 485 stage?
Sorry you answer is not clear to me. You mean I was out of status and I will have problem at 485 stage?
more...
gc_check
04-29 02:47 PM
Quick Chain of events .
India rejected both Boeing and Lockheed Martin's proposal of fighters . I am not debating the reasons or the merits of this decision if this was right or wrong . I am just discussing the potential repercussions this has had so far and might have .
'Exclusion of US firms from IAF jet deal a setback for ties' (http://www.indianexpress.com/news/exclusion-of-us-firms-from-iaf-jet-deal-a-setback.../783401/)
1) The issue is so serious that Tim Roemer , US Ambassador to India submitted his resignation immediately since he was on the hook for making this deal work .This shows the measure of disappointment they had.
2) India was seeking US assurances in security a Permanent Security council seat , which looks far fetched now .
4) Pentagon , Whitehouse and the DoD very upset that deal fell through . This sentiment will certainly percolate to the USCIS and the State department and might embolden Anti Immigration senators whose measures will get more support in the house and senate.
5) Prosecution of companies entangled in cases like Infosys might find more support and favor with the Govt.
Question is how/if there will be a backlash against India / Indian's get back at us at least in the short term .Increased scrutiny and visa denials , PoE Harassment , GC audits etc.
Will the US take a Tit-for-Tat reaction on this issue is what remains to be seen.
All it suggests is - "Well, There are many other players too in every other area - Defense, Science, Space, Medicine, etc... and may be US 'is and in some cases was' the leader, but definitely the Influence, Power, Respect, Trust etc...US used to have in the past is for sure diminished now and it isn't going to turn for good unless this country change for better !!!" Definitely at least I think not the change Obama envisioned !!! US is not the nation of immigrant's it used to be any more at the World's eyes. Well, the hard working people are are good, but The leaders in the center work for and lobbyist and the corporate greed was the basis for recent policies and now it is paying its price. In past it was like for the people, now it by for the lobbyist who can influence the 60 people in Senate and few hundred people in the house and for the companies who can hire these lobbyist decide the policy :o .
Bad policy that is not well made for the changing globalization is hurting here, while it is helping the people in other geography.
Having said that, I do not see any connection with immigration reform or what so ever...
India rejected both Boeing and Lockheed Martin's proposal of fighters . I am not debating the reasons or the merits of this decision if this was right or wrong . I am just discussing the potential repercussions this has had so far and might have .
'Exclusion of US firms from IAF jet deal a setback for ties' (http://www.indianexpress.com/news/exclusion-of-us-firms-from-iaf-jet-deal-a-setback.../783401/)
1) The issue is so serious that Tim Roemer , US Ambassador to India submitted his resignation immediately since he was on the hook for making this deal work .This shows the measure of disappointment they had.
2) India was seeking US assurances in security a Permanent Security council seat , which looks far fetched now .
4) Pentagon , Whitehouse and the DoD very upset that deal fell through . This sentiment will certainly percolate to the USCIS and the State department and might embolden Anti Immigration senators whose measures will get more support in the house and senate.
5) Prosecution of companies entangled in cases like Infosys might find more support and favor with the Govt.
Question is how/if there will be a backlash against India / Indian's get back at us at least in the short term .Increased scrutiny and visa denials , PoE Harassment , GC audits etc.
Will the US take a Tit-for-Tat reaction on this issue is what remains to be seen.
All it suggests is - "Well, There are many other players too in every other area - Defense, Science, Space, Medicine, etc... and may be US 'is and in some cases was' the leader, but definitely the Influence, Power, Respect, Trust etc...US used to have in the past is for sure diminished now and it isn't going to turn for good unless this country change for better !!!" Definitely at least I think not the change Obama envisioned !!! US is not the nation of immigrant's it used to be any more at the World's eyes. Well, the hard working people are are good, but The leaders in the center work for and lobbyist and the corporate greed was the basis for recent policies and now it is paying its price. In past it was like for the people, now it by for the lobbyist who can influence the 60 people in Senate and few hundred people in the house and for the companies who can hire these lobbyist decide the policy :o .
Bad policy that is not well made for the changing globalization is hurting here, while it is helping the people in other geography.
Having said that, I do not see any connection with immigration reform or what so ever...
nivasch
04-02 11:07 AM
Again sent the fax#10 and 11 to NJ Sen
Nivas
Nivas
more...
LegallyGC
08-09 10:46 AM
Guys,
There was a question and answer section on this site and i found this which might help us..
---------------------------------
12. Question(08/03/10): It has taken several years for me to receive the I-485 approval yesterday based on the employment-based petition filed by my employer. I have never changed employer. Neither have I invoked AC 21 change of employment. Since the 485 is approved, I am seeking new employment and started sending out employment applications to various employers. Is there any law that forces me to work for the green card sponsoring employer even after the green card is approved?
Answer: The green card employment is "permanent" employment. "Permanent" means the employment term is not temporary and must be for a period of "indefinite" duration. Inasmuch as there is no ending date, it can be considered a permanent terms of employment. The employer sponsed employment based immigration requires both the employer and employee to retain "intent" to offer such permanent employment and accept such permanent employment on or before the I-485 is approved. If the employer does not maintain such "intent" and file a labor certification and I-140 petition, It can be construed a fraud. If the employee does not have such "intent" and sign the labor certification application and and file I-485 application based on the employer-sponsored I-140 petition, it can also be considered a fraud. The issue is "intent" which is a mental state as judged from the actions of the employer or employee. AC-21 portability of approved I-140 petition changed the picture and both the employer and employee are freed from such obligation if two conditions are met. One is that until AC-21 is invoked, the employer and employee retain such intent. Practically, in the context of AC-21, such oblication is limited until the alien invokes the AC-21 change of employment after 180 days of filing of I-485 application in similar or same occupational classification. There is a grey area where the alien does not invoke AC-21 and change of employment. In such context, it may be assumed that both the employer and the employee retain such intent at the time I-485 is approved. In old days, the legacy INS was active in initiating a revocation of green card proceeding before the immigration courts to stip off the approved green card and launch a deportation proceeding based either on the ground that there was a fraud on the parties or the INS approved the I-485 application without the knowledge of such fact of ill-conceived intent of the parties. The theory of the law is that "had the agency known the true facts." the agency would not have approved the employment-based I-485 because the I-485 could have been ineligible without such intent. Intent is proven in most cases by the circumstantial evidence since no one can go into the state of mind of other person. The evidence they used to use was the evidence of search of another employment immediately before or after I-485 was approved. For the reasons, even though there is no fixed period of time for a new green card holder to work for the sponsoring employer, legal counsels advised the employees not to send out employment application in writing to other employers immediately prior to the approval of I-485 application or at least for certain period of time like two months not to change employment, because such behavior can be construed as relection of the true state of mind and intent of the employee not to work for the sponsoring employer before or on the date of approval of I-485 application owing to short period of time that lapsed when they changed employment. This problem used to pop up during the naturalization proceeding when the agency learned that the alien changed employment immediately before or after the green card is granted. The foregoing inent issue can be overridden when the alien left the job because of employer's decision to terminate the employment or because of change of circumstances which are beyond the control of the parties such as slow-down of business and layoffs. Again AC-21 affected this issue, and it appears that the agency may no longer actively look for this issue. But theoretically, the issue still exists and a law is a law. Accordingly, there is always a potential risk of this issue popping up after green card is approved, especially when there is a grudged sponsoring employer who obtained and possessed such adverse evidence and contact the agency to revoke the green card. Just beware.
------------------------
Hope this helps.
Pappu, there is nothing wrong in seeking exact clarification though from USCIS because things are not really clear on this regard and its better to get clear cut answer to the immigrant community..
There was a question and answer section on this site and i found this which might help us..
---------------------------------
12. Question(08/03/10): It has taken several years for me to receive the I-485 approval yesterday based on the employment-based petition filed by my employer. I have never changed employer. Neither have I invoked AC 21 change of employment. Since the 485 is approved, I am seeking new employment and started sending out employment applications to various employers. Is there any law that forces me to work for the green card sponsoring employer even after the green card is approved?
Answer: The green card employment is "permanent" employment. "Permanent" means the employment term is not temporary and must be for a period of "indefinite" duration. Inasmuch as there is no ending date, it can be considered a permanent terms of employment. The employer sponsed employment based immigration requires both the employer and employee to retain "intent" to offer such permanent employment and accept such permanent employment on or before the I-485 is approved. If the employer does not maintain such "intent" and file a labor certification and I-140 petition, It can be construed a fraud. If the employee does not have such "intent" and sign the labor certification application and and file I-485 application based on the employer-sponsored I-140 petition, it can also be considered a fraud. The issue is "intent" which is a mental state as judged from the actions of the employer or employee. AC-21 portability of approved I-140 petition changed the picture and both the employer and employee are freed from such obligation if two conditions are met. One is that until AC-21 is invoked, the employer and employee retain such intent. Practically, in the context of AC-21, such oblication is limited until the alien invokes the AC-21 change of employment after 180 days of filing of I-485 application in similar or same occupational classification. There is a grey area where the alien does not invoke AC-21 and change of employment. In such context, it may be assumed that both the employer and the employee retain such intent at the time I-485 is approved. In old days, the legacy INS was active in initiating a revocation of green card proceeding before the immigration courts to stip off the approved green card and launch a deportation proceeding based either on the ground that there was a fraud on the parties or the INS approved the I-485 application without the knowledge of such fact of ill-conceived intent of the parties. The theory of the law is that "had the agency known the true facts." the agency would not have approved the employment-based I-485 because the I-485 could have been ineligible without such intent. Intent is proven in most cases by the circumstantial evidence since no one can go into the state of mind of other person. The evidence they used to use was the evidence of search of another employment immediately before or after I-485 was approved. For the reasons, even though there is no fixed period of time for a new green card holder to work for the sponsoring employer, legal counsels advised the employees not to send out employment application in writing to other employers immediately prior to the approval of I-485 application or at least for certain period of time like two months not to change employment, because such behavior can be construed as relection of the true state of mind and intent of the employee not to work for the sponsoring employer before or on the date of approval of I-485 application owing to short period of time that lapsed when they changed employment. This problem used to pop up during the naturalization proceeding when the agency learned that the alien changed employment immediately before or after the green card is granted. The foregoing inent issue can be overridden when the alien left the job because of employer's decision to terminate the employment or because of change of circumstances which are beyond the control of the parties such as slow-down of business and layoffs. Again AC-21 affected this issue, and it appears that the agency may no longer actively look for this issue. But theoretically, the issue still exists and a law is a law. Accordingly, there is always a potential risk of this issue popping up after green card is approved, especially when there is a grudged sponsoring employer who obtained and possessed such adverse evidence and contact the agency to revoke the green card. Just beware.
------------------------
Hope this helps.
Pappu, there is nothing wrong in seeking exact clarification though from USCIS because things are not really clear on this regard and its better to get clear cut answer to the immigrant community..
2010 male hairstyles medium
krishna_brc
05-15 08:56 AM
I think this has a better chance than rest of other EB bills, because US wants more skilled persons and by defintion advanced degree holders from US in STEM are. Congress extended 20,000 H1 visa for US masters and PhD graduates some years ago whereas they were and are loathe to extend the total H1 numbers.
Going by this logic, I think this bill will go farther and gain traction. Lets's keep our fingers crossed.:)
In one stroke, this bill helps both a) US advanced degree graduates and b)non US graduates (i.e, EB applicants), as 1) it puts EB1 and EB2 in non quota category (I,C,P,M and ROW) and 2) frees up EB1 and EB2 numbers for EB3.
my 2 cents.
What is the situation of foreign masters degrees who qualify for EB2.
Do they fall in the quota limitation or out of quota.
Please help me understand.
Going by this logic, I think this bill will go farther and gain traction. Lets's keep our fingers crossed.:)
In one stroke, this bill helps both a) US advanced degree graduates and b)non US graduates (i.e, EB applicants), as 1) it puts EB1 and EB2 in non quota category (I,C,P,M and ROW) and 2) frees up EB1 and EB2 numbers for EB3.
my 2 cents.
What is the situation of foreign masters degrees who qualify for EB2.
Do they fall in the quota limitation or out of quota.
Please help me understand.
more...
msekhargc
12-03 05:30 PM
Hi,
You need to submit a new education evaluation.
I had also received an RFE.
An acceptable evaluation must:
1) consider formal eduction only
2) state if collegiate eduction is post-secondary education (i.e did appicant complete the US equivalant high school before entering college)
3) provide detailed explanation of material provided
For EB2 degree.. even if your labor states only Masters degree is required you need to prove that minimum education required for master's degree is Bachelors degree and a minimum requirement for Bachelors degree is your 10 + 2 high school education. Please contact thedegreepeople.com (sheila), they helped me in getting my I-140 approved.
Thanks
You need to submit a new education evaluation.
I had also received an RFE.
An acceptable evaluation must:
1) consider formal eduction only
2) state if collegiate eduction is post-secondary education (i.e did appicant complete the US equivalant high school before entering college)
3) provide detailed explanation of material provided
For EB2 degree.. even if your labor states only Masters degree is required you need to prove that minimum education required for master's degree is Bachelors degree and a minimum requirement for Bachelors degree is your 10 + 2 high school education. Please contact thedegreepeople.com (sheila), they helped me in getting my I-140 approved.
Thanks
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mirage
12-05 03:18 PM
How can it be less than 10 years ? Each year has 4 quarters. As long as you made your SS contributions while in LEGAL status, you will get SS payments when time comes.
It doen't matter if your were H, GC, EAD...
SSA has been cracking down on illegals however, so it might be wise to keep documentation of your leagal working status for future.
... and remember it's 40 quarters (which canb be acheived in as little as 8 years and 3-6 months if timed right.
It doen't matter if your were H, GC, EAD...
SSA has been cracking down on illegals however, so it might be wise to keep documentation of your leagal working status for future.
... and remember it's 40 quarters (which canb be acheived in as little as 8 years and 3-6 months if timed right.
more...
softcrowd
08-05 09:48 PM
Eb2 - India PD: April 2004
485 RD: 08/02/2007
485 RD: 08/02/2007
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eb3_nepa
03-16 04:21 PM
I have just read it.
Did you read the Tancredo send a letter to the SJC to warn them?
Can you pls post that letter here?
Did you read the Tancredo send a letter to the SJC to warn them?
Can you pls post that letter here?
more...
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sanju
09-09 09:21 PM
"You salary should be almost the same as the wages mentioned in GC labor certification application or it should not be more than 4% more than what is mentioned in the LC"?
This is what I got from 4 separate lawyers when I was invoking AC-21. I think everybody should speak to a lawyer before invoking AC-21.
A lot of people out there think that after getting EAD one can invoke AC-21 to change to any job at any employer. This is not true. AC-21 is pretty complicated and I think that in the future, if there is no change in the law, a lot of 485 applications will be pending for 6-8 years or more. And for the duration of this period, a lot of people will invoke AC-21. I also think that the rate for rejection for number of AC-21 cases at USCIS will be higher. Nobody told me about the approximate wait time and rejection rate. It is just what I think based upon the developing situation.
This is what I got from 4 separate lawyers when I was invoking AC-21. I think everybody should speak to a lawyer before invoking AC-21.
A lot of people out there think that after getting EAD one can invoke AC-21 to change to any job at any employer. This is not true. AC-21 is pretty complicated and I think that in the future, if there is no change in the law, a lot of 485 applications will be pending for 6-8 years or more. And for the duration of this period, a lot of people will invoke AC-21. I also think that the rate for rejection for number of AC-21 cases at USCIS will be higher. Nobody told me about the approximate wait time and rejection rate. It is just what I think based upon the developing situation.
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tinku01
02-17 09:11 PM
thanks for your supportive words for CP filers now CP filers need some relief as they are not able to get an EAD/AC21. I think we could ask to allow CP filers to file 485 with out having dates current and conserdering their CP filing date to get EAD and AC21.
Thanks everybody we need your support to come out of this situation.
Thanks everybody we need your support to come out of this situation.
more...
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H1B-GC
08-13 01:56 PM
Iam in the similar situation, but my wife came here only last month on H4. My GC was approved yesterday. Now I have all the documents ready for my wife's GC application to be sent to USCIS. My lawyer also told me to immediately mail the application to USCIS since I did not receive my GC on hand yet.
My concern is will my wife's application get rejected since my I485 has been approved? Pls help!
I guess since you got Married before your GC Got approved, you should be fine. Your PD,RD and ND,Service Center Please?? Did your NC get cleared?
My concern is will my wife's application get rejected since my I485 has been approved? Pls help!
I guess since you got Married before your GC Got approved, you should be fine. Your PD,RD and ND,Service Center Please?? Did your NC get cleared?
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ashkam
03-27 11:51 AM
"I am not replying anymore to your arguments"
That's the most sensible thing you've said today.
Also, read qasleuth's post.
That's the most sensible thing you've said today.
Also, read qasleuth's post.
more...
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JunRN
06-05 02:03 AM
http://www.uscis.gov/files/nativedocuments/AC21_30May08.pdf
I think USCIS now requires an APPROVED I-140 before allowing AC21 portability for I-485 applicants.
I think USCIS now requires an APPROVED I-140 before allowing AC21 portability for I-485 applicants.
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vamsi_poondla
10-10 05:07 PM
You may admire them as much as you want but fact is these are just "glorified" bodyshoppers. I meet many workers from these "great" companies at my workplace and see them being treated just as "low cost alternatives" and nothing else by this huge financial company in NY/NJ area. Because of their (INFY, TATA, Wipro, Satyam) "low billing rates" these guys cant afford good lifestyle. And back home in India INFY and TATA CEOs make billions and talk BIG. I've not met any TATA, Satyam guy here who is happy with their employer. They just hate their employers and always looking for a change. I wonder where they stand in terms of employee satisfaction? They treat their people like slave and send them as low cost labor. Not only that - they exploit US immigration rules and make use of L1 to keep their people long term at cliant place when they dont get enough H1.
No difference from local bodyshoppers! Dont think they are great companies. You may say "you folks are frustrated with these companies". But this is the fact. Period.
I think this thread is hijacked. I will also join the band :p I work for one of these companies (SWITCH - Satyam, Wipro, Infosys, Tata, Cognizant, HCL) and came on L1, became H1B and on the path of GC through the same company. Some of what you have said is correct that the employers are not paid same as what IBM US employers get (and of course what some consultants get). Some of the issues are working off-late hours and coordination effort etc.
The positive side of these companies is
1) Career advancement - One can really grow into lead and managerial positions if they have the aptitude
2) Technical Career Paths are there for those who are technically inclined.
3) Benefits - There are good benefits which usually may not be there for those working for desi-consultants
4) Support from a large pool of knowledge - If I face any issue, I post it in my company help forum, there will be many responses,some real good ones within a day.
5) More job security - companies are not yet used to down-sizing. In hard times, there could be some salary rationalization (which I think is OK - better than losing job) and increased utilization (again doesn't mean more work from individual it means optimal bench strength)
6) Growth - While it is debatable whether it can sustain the rupee strengthening or not, unless the company 's strategy is very narrow, nobody outsource for the cost alone...Many are simply build-or-buy decisions, and based on core-competency and risk management. Deals that are struck these days are multi-year, multi-million dollar ones which will provide guaranteed business over a long periods.
Coming to those who come on L1 or H1, most of them want to get an opportunity to work at client location to better their perspective (apart from Dollar conversion). Nobody comes here by force. Their priorities are always different than most of the forum readers' Their choices are also limited. Some leave as soon as they come here (I personally interviewed at least 10 folks last year who floated their resumes as soon as they landed here), some want to go back after working here few years, some switch to H1Bs through desi-consultants, thus enter rat race, some try to grow here in their company on long term basis.
Hope this clarifies few who pity SWITCH employees..
Again these are not "glorified" bodyshoppers. It is a very wrong impression. I am a manager at one of such companies. We have highest regards for our personnel, we strive hard to make a big difference, we compete with other service companies like Accenture, IBM and EDS, have high client focus and we feel proud about it. Never in ANY meetings or strategies we keep our employers' interest below anything.
No difference from local bodyshoppers! Dont think they are great companies. You may say "you folks are frustrated with these companies". But this is the fact. Period.
I think this thread is hijacked. I will also join the band :p I work for one of these companies (SWITCH - Satyam, Wipro, Infosys, Tata, Cognizant, HCL) and came on L1, became H1B and on the path of GC through the same company. Some of what you have said is correct that the employers are not paid same as what IBM US employers get (and of course what some consultants get). Some of the issues are working off-late hours and coordination effort etc.
The positive side of these companies is
1) Career advancement - One can really grow into lead and managerial positions if they have the aptitude
2) Technical Career Paths are there for those who are technically inclined.
3) Benefits - There are good benefits which usually may not be there for those working for desi-consultants
4) Support from a large pool of knowledge - If I face any issue, I post it in my company help forum, there will be many responses,some real good ones within a day.
5) More job security - companies are not yet used to down-sizing. In hard times, there could be some salary rationalization (which I think is OK - better than losing job) and increased utilization (again doesn't mean more work from individual it means optimal bench strength)
6) Growth - While it is debatable whether it can sustain the rupee strengthening or not, unless the company 's strategy is very narrow, nobody outsource for the cost alone...Many are simply build-or-buy decisions, and based on core-competency and risk management. Deals that are struck these days are multi-year, multi-million dollar ones which will provide guaranteed business over a long periods.
Coming to those who come on L1 or H1, most of them want to get an opportunity to work at client location to better their perspective (apart from Dollar conversion). Nobody comes here by force. Their priorities are always different than most of the forum readers' Their choices are also limited. Some leave as soon as they come here (I personally interviewed at least 10 folks last year who floated their resumes as soon as they landed here), some want to go back after working here few years, some switch to H1Bs through desi-consultants, thus enter rat race, some try to grow here in their company on long term basis.
Hope this clarifies few who pity SWITCH employees..
Again these are not "glorified" bodyshoppers. It is a very wrong impression. I am a manager at one of such companies. We have highest regards for our personnel, we strive hard to make a big difference, we compete with other service companies like Accenture, IBM and EDS, have high client focus and we feel proud about it. Never in ANY meetings or strategies we keep our employers' interest below anything.
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Soul
02-10 01:14 PM
lol don't ask me...
Its getting interesting :moustache
- Soul :goatee:
Its getting interesting :moustache
- Soul :goatee:
coolmanasip
05-29 05:23 PM
It is unbelievable how much emphasis is being given to the family based immigration when this bill strives to eliminate their backlog!!! ......and amazingly enough there are very few voices (IV being one) that are really crying about the injustice to the employment based GC and H1 programs..........we have to work on getting through to mainstream media guys......its unbelievable that we are not even on the board as far as close door immigration deal negotiations are concerned.........
trueguy
10-24 11:53 AM
We should file FOIA with USCIS and ask them to release numbers for EB3 category.
