Bullshit.
That shows that you did not watch the show....:D
That shows that you did not watch the show....:D
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As per the state dept folks, pretty much all categories are using all their allocated numbers. So where is the spill over going to come from?
country quota will not impact I and C once the dates are current for ROW due to the spillover. If the number of applications pending is, say 100K and 95 K out of that are I and C. And assume 10K applications from ROW are add to the queue, what I am saying is all 110K will be cleared by end of the fiscal year.
country quota will not impact I and C once the dates are current for ROW due to the spillover. If the number of applications pending is, say 100K and 95 K out of that are I and C. And assume 10K applications from ROW are add to the queue, what I am saying is all 110K will be cleared by end of the fiscal year.
what are the options when infopass didn't work too. My company is big so they won't allow me to work without ead.
Can someone pls suggest
Can someone pls suggest
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Vinod,
Some more info that may help you. Once you the get exact reason for denial and if it is because of AC21 wrongful denial then file Form to Ombudsman and attach your employment letter with clear job description showing you work in same/similar classification, explaining that you fulfilled AC21 conditions and that your I-485 was wrongfully denied along with your MTR receipt (once you file MTR).
Please note this is from what I have read other posts on this board and not from my personal experience. Also IV would also be able to guide you in resolving this situation.
Some more info that may help you. Once you the get exact reason for denial and if it is because of AC21 wrongful denial then file Form to Ombudsman and attach your employment letter with clear job description showing you work in same/similar classification, explaining that you fulfilled AC21 conditions and that your I-485 was wrongfully denied along with your MTR receipt (once you file MTR).
Please note this is from what I have read other posts on this board and not from my personal experience. Also IV would also be able to guide you in resolving this situation.
My question involves employment and labor law for the state of: CA
I have worked with a company on h1b from 1st jul to 12 nov in 2007 on h1b visa. They did not pay me for last 45 working days. My employer is telling about the following clause in in my offer letter:
SALARY: You will be paid an amount equal to a 70% basis of your bill rate based on the understanding that you will work with us for a period of at least one year. If you leave Company before completing 1 year of employment your compensation will be adjusted to a $55,000 per year basis and the excess amount paid to you will be deducted from the last two months of your salary.
Please let me know whether this is legal to have this kinda clause in offer letter. Is there any way to get my salary?
Thanks much!
anancish
CA Law very clearly states all employee dues including vacation payouts will have to be cleared within 72 hours of the employees last day. Unless you have signed any agreement to withhold your salary, your employer has no right to withhold the amount.
Even if you signed such an agreement and they withheld a penny more, feel free to call the DoL and your ex-employer will become an ex-employer
I have worked with a company on h1b from 1st jul to 12 nov in 2007 on h1b visa. They did not pay me for last 45 working days. My employer is telling about the following clause in in my offer letter:
SALARY: You will be paid an amount equal to a 70% basis of your bill rate based on the understanding that you will work with us for a period of at least one year. If you leave Company before completing 1 year of employment your compensation will be adjusted to a $55,000 per year basis and the excess amount paid to you will be deducted from the last two months of your salary.
Please let me know whether this is legal to have this kinda clause in offer letter. Is there any way to get my salary?
Thanks much!
anancish
CA Law very clearly states all employee dues including vacation payouts will have to be cleared within 72 hours of the employees last day. Unless you have signed any agreement to withhold your salary, your employer has no right to withhold the amount.
Even if you signed such an agreement and they withheld a penny more, feel free to call the DoL and your ex-employer will become an ex-employer
Use a competent attorney. Do not try to handle this yourself. I am sure that you have heard of "you get what you pay for"...
BTW, are you one of those cases with a 3 year degree + Experience, working in IT? If yes, the I can see why your I-140 was rejected. Lot of people have had this issue, but I do not know how many have successfully been able to resolve it.
JAFS, ALWAYS use grammar check.
The OP claims his 140 was approved. If they went back and rejected his 140, without request from his ex employer - this would be the first time I am hearing such things happening.
BTW, are you one of those cases with a 3 year degree + Experience, working in IT? If yes, the I can see why your I-140 was rejected. Lot of people have had this issue, but I do not know how many have successfully been able to resolve it.
JAFS, ALWAYS use grammar check.
The OP claims his 140 was approved. If they went back and rejected his 140, without request from his ex employer - this would be the first time I am hearing such things happening.
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I will be facing the same prob if i dont get my extension in-time. At least EADwill work,meanwhileI am filing for my H1B extension ,but dont want to spend another 1000$ just to expedite the process for DL...
let me know what is the best plan in such case...
let me know what is the best plan in such case...
Here I got it from CIS site. The position must require MS but if you have BS+5 you qualify for it and hence for EB2:
EB-2 Eligibility and Filing
The EB-2 classification includes: aliens who are "members of the professions holding advanced degrees or their equivalent" and aliens "who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States."
A petition for a foreign professional holding an advanced degree may be filed when the job requires an advanced degree (beyond the baccalaureate) and the alien possesses such a degree or the equivalent. The petition must include documentation, such as an official academic record showing that the alien has a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that the alien has a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that the alien has at least 5 years of progressive post-baccalaureate experience in the specialty.
RESUME: To file under EB2, if the position by its code falls under job zone IV for the requirements to be "normal" it needs to require MS + 0 experience, but the applicant may have BS + 5. For zone V the position should require MS at least again, and may require experience. But, again, your BS + 5 will be counted as MS (you will need more than 5 if any additional experience is required, obviously).
EB-2 Eligibility and Filing
The EB-2 classification includes: aliens who are "members of the professions holding advanced degrees or their equivalent" and aliens "who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States."
A petition for a foreign professional holding an advanced degree may be filed when the job requires an advanced degree (beyond the baccalaureate) and the alien possesses such a degree or the equivalent. The petition must include documentation, such as an official academic record showing that the alien has a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that the alien has a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that the alien has at least 5 years of progressive post-baccalaureate experience in the specialty.
RESUME: To file under EB2, if the position by its code falls under job zone IV for the requirements to be "normal" it needs to require MS + 0 experience, but the applicant may have BS + 5. For zone V the position should require MS at least again, and may require experience. But, again, your BS + 5 will be counted as MS (you will need more than 5 if any additional experience is required, obviously).
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EB2/FEDEX delivered on 02-Jul-07 @7:55AM
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Call 18003755283
1
2
1
enter receipt number
1 (to confirm starts with SRC)
1 (confirm your number and listen status)
3
4
Call should goto the center where your file is pending or getting ready to approve :D
Good luck
What is poj method?
Will you please give me the # to call the IO about namecheck ? Is it TSC or NSC?
I'm looking for TSC though.
Thank you.
1
2
1
enter receipt number
1 (to confirm starts with SRC)
1 (confirm your number and listen status)
3
4
Call should goto the center where your file is pending or getting ready to approve :D
Good luck
What is poj method?
Will you please give me the # to call the IO about namecheck ? Is it TSC or NSC?
I'm looking for TSC though.
Thank you.
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still something is wrong. USA does not descriminate based on country of birth, in this case there is a punishment for being born in india.
I know, it is unfair and frustrating. But from legal point of view, you are mixing Employment Laws with Immigration Laws.
.
I know, it is unfair and frustrating. But from legal point of view, you are mixing Employment Laws with Immigration Laws.
.
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whome do you want to kill buddy?
No one. Just want to exercise my right to bear arm under Constitution's Second Amendment :p.
No one. Just want to exercise my right to bear arm under Constitution's Second Amendment :p.
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Hey Guys,
This EAD thing is really annoying, my wife got her AP and EAD last 11/21, with immediate update in USCIS.gov. I'm still waiting for mine, and I'm the principal. Anyway. I'll have an infopass appointment on 12/18. My H1-B permit expires on 02/07/08.
We applied to NSC, all documents received on August 02/2007.
This EAD thing is really annoying, my wife got her AP and EAD last 11/21, with immediate update in USCIS.gov. I'm still waiting for mine, and I'm the principal. Anyway. I'll have an infopass appointment on 12/18. My H1-B permit expires on 02/07/08.
We applied to NSC, all documents received on August 02/2007.
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tell me this is a joke..:D... if not..man join the que .life sucks in the GC lane
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Hey guys,
I have a question to all of you...
AILA prepares the lawsuit and some (probably most) of the lawyers are supporting that.
For several days I keep hearing that WHEN you file (in July) is not important and I am wondering how that could be true...
I understand that the people who filed on July 2nd are beneficiaries of this but in my mind, everybody who files after falls under a different category because technically they would file after the revised bulletin was announced therefore have no argument. I understand that everybody else prepared (legal fees, medical exam and so on) and they are affected even if they didn't file but I am wondering how that can be justification enough after the dates (retrogression) were announced.
I am trying to understand why they say that it does not matter when you file. They need more people to back this up or is just so they can justify billing you for their work...
Is just scary, how many people play with our hopes and I need to understand if this is just to serve somebody's interests or it is what it is .
Please post your 2 cents ...
Thanks !
AILA has expanded the definition of the plaintiff to cover all the july filings but it does not mean that you will be beneficiary if you have just filed in July. You either have to be a plaintiff or member of the class action (if judge allows). That also does not guarantee that you will get the benefit if lawsuit is won. As per AILF, only limited number of visa will be made available upon winning the lawsuit and that will cover only people who filed early in July. All depends upon number of visa made available, number of applications filed and out of those how many are part of class action lawsuit.
See this excerpts from immigration-law:-
The AILF is currently developing a lawsuit against the USCIS and the DOS. As reported earlier, apparently the AILF has been successful in finding the potential plaintiffs for the lawsuit. The plaintiffs will automatically become members of the class in the class action who will get the relief if they win in the lawsuit. The details of the relief this lawsuit is pursuing are articulated in the AILF's Visa Bulletin Lawsuit FAQ. For the summary, please click here.
The lawsuit team lawyers are still developing the strategies and details of the members of the class this lawsuit will cover who are not members of the plaintiffs. As they move along, the details can be changed, but according to the FAQ, membership of the class would require filing of EB I-485 applications in July 2007. Accordingly, those who fail to file EB I-485 applications are likely not included in the membership and will not be able to receive the fruits of the litigation, once the class wins in the litigation. Relevant to the issue of when the EB I-485 should be filed to receive the benefit as a class member is the number of July visa numbers which will be made available to the members of the winning class of the lawsuit. Obviously, the visa numbers will be limited in numbers. The members of the class will have to compete each other for the numbers. According to the FAQ, the number will be taken under the principle First In First Out bases. Accordingly, the earlier his/her EB I-485 is filed, the better the chance of getting the number before they are exhausted. It appears that those who fail to get the numbers are likely to be left out of any benefits of the litigation.
It thus appears that some people may want to file the EB I-485 applications with the full knowledge that the applications will be rejected and returned by the USCIS, just to become a member of the class of this lawsuit. Consdering the fact that some visa numbers may become available in October 2007 for certain people, they may be less desperate and eager in seeking membership of the class of the lawsuite. While, the nationals of ovesubscribed countries such as India, China, Mexico, and Philippines will need the fruits of this litigation much more desperately than the people from other countries. Additionally, EB-3 people may have such need more than EB-1 or EB-2 since when new visa numbers become available in October, the EB-3 numbers are likely more oversubscribed than EB-1 and EB-2. Lastly, the lower the priority date is, the more they will need the fruit of the litigation as the higher priority date applicants will have a better chance to get their priority date becoming current in October or soon thereafter. These variants should give a guide to the people to determine whether or not they should file EB I-485 applications to become a member of the class.
However, these factors alone should not be considered absolute determinants in deciding whether they should file the EB I-485 applications in July. The FAQ indicates that the downside of becoming a member of the class by filing EB I-485 applications in July is potential extensive and in-depth scrutiny of the cases by the USCIS to weed out the applicants on the ground of ineligibility of I-485 applications. Accordingly, people with some potential issues of whatever nature may be considered poor candidates for the membership of the class. The straight forward case should be considerred a better candidate for filing EB I-485 applications in July, while those with some potential wrinkes in the case may stay away from filing the application in July.
For the foregoing reasons, people should seek assessment of one's case by legal counsel for appropriateness of filing EB I-485 now and becoming a potential member of the class of the lawsuit. It is absolutely no and no to jump into filing the applications without the appropriate legal counsel.
I have a question to all of you...
AILA prepares the lawsuit and some (probably most) of the lawyers are supporting that.
For several days I keep hearing that WHEN you file (in July) is not important and I am wondering how that could be true...
I understand that the people who filed on July 2nd are beneficiaries of this but in my mind, everybody who files after falls under a different category because technically they would file after the revised bulletin was announced therefore have no argument. I understand that everybody else prepared (legal fees, medical exam and so on) and they are affected even if they didn't file but I am wondering how that can be justification enough after the dates (retrogression) were announced.
I am trying to understand why they say that it does not matter when you file. They need more people to back this up or is just so they can justify billing you for their work...
Is just scary, how many people play with our hopes and I need to understand if this is just to serve somebody's interests or it is what it is .
Please post your 2 cents ...
Thanks !
AILA has expanded the definition of the plaintiff to cover all the july filings but it does not mean that you will be beneficiary if you have just filed in July. You either have to be a plaintiff or member of the class action (if judge allows). That also does not guarantee that you will get the benefit if lawsuit is won. As per AILF, only limited number of visa will be made available upon winning the lawsuit and that will cover only people who filed early in July. All depends upon number of visa made available, number of applications filed and out of those how many are part of class action lawsuit.
See this excerpts from immigration-law:-
The AILF is currently developing a lawsuit against the USCIS and the DOS. As reported earlier, apparently the AILF has been successful in finding the potential plaintiffs for the lawsuit. The plaintiffs will automatically become members of the class in the class action who will get the relief if they win in the lawsuit. The details of the relief this lawsuit is pursuing are articulated in the AILF's Visa Bulletin Lawsuit FAQ. For the summary, please click here.
The lawsuit team lawyers are still developing the strategies and details of the members of the class this lawsuit will cover who are not members of the plaintiffs. As they move along, the details can be changed, but according to the FAQ, membership of the class would require filing of EB I-485 applications in July 2007. Accordingly, those who fail to file EB I-485 applications are likely not included in the membership and will not be able to receive the fruits of the litigation, once the class wins in the litigation. Relevant to the issue of when the EB I-485 should be filed to receive the benefit as a class member is the number of July visa numbers which will be made available to the members of the winning class of the lawsuit. Obviously, the visa numbers will be limited in numbers. The members of the class will have to compete each other for the numbers. According to the FAQ, the number will be taken under the principle First In First Out bases. Accordingly, the earlier his/her EB I-485 is filed, the better the chance of getting the number before they are exhausted. It appears that those who fail to get the numbers are likely to be left out of any benefits of the litigation.
It thus appears that some people may want to file the EB I-485 applications with the full knowledge that the applications will be rejected and returned by the USCIS, just to become a member of the class of this lawsuit. Consdering the fact that some visa numbers may become available in October 2007 for certain people, they may be less desperate and eager in seeking membership of the class of the lawsuite. While, the nationals of ovesubscribed countries such as India, China, Mexico, and Philippines will need the fruits of this litigation much more desperately than the people from other countries. Additionally, EB-3 people may have such need more than EB-1 or EB-2 since when new visa numbers become available in October, the EB-3 numbers are likely more oversubscribed than EB-1 and EB-2. Lastly, the lower the priority date is, the more they will need the fruit of the litigation as the higher priority date applicants will have a better chance to get their priority date becoming current in October or soon thereafter. These variants should give a guide to the people to determine whether or not they should file EB I-485 applications to become a member of the class.
However, these factors alone should not be considered absolute determinants in deciding whether they should file the EB I-485 applications in July. The FAQ indicates that the downside of becoming a member of the class by filing EB I-485 applications in July is potential extensive and in-depth scrutiny of the cases by the USCIS to weed out the applicants on the ground of ineligibility of I-485 applications. Accordingly, people with some potential issues of whatever nature may be considered poor candidates for the membership of the class. The straight forward case should be considerred a better candidate for filing EB I-485 applications in July, while those with some potential wrinkes in the case may stay away from filing the application in July.
For the foregoing reasons, people should seek assessment of one's case by legal counsel for appropriateness of filing EB I-485 now and becoming a potential member of the class of the lawsuit. It is absolutely no and no to jump into filing the applications without the appropriate legal counsel.
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My I485 is still pending (> 180 days filed on July27th '07). I have my renewed EAD valid for the next 2 years. I have been out of project for 4 months and my employer , who filed my GC, terminated my health coverage too. Iam using my COBRA option.
Recently, i have applied for a perm position using EAD . I explained to the client about by current status of GC. They wanted to know what they are supposed to do for it. I told them i need to 'invoke' a law called AC21.(pardon my ignorance if iam wrong) inorder to transfer my pending application.
Now the big question is, how do i initiate this whole process?
I really apreaciate all your suggestions.
Invoking AC21 is easy, but you need to know what you can expect and how to resolve it
(1) If you decided to change to new employer using EAD - there is nothing you need to do. Just join and work.
(2) As employer is asking what they need to do - tell them they need to provide an AC21 letter of support - you can find various formats on the web.
(3) Your new job must be in same or similar category.
(4) Call customer service to verify your address on file - also hire a personal attorney and make sure they file g 28 and have them on file too for USCIS communication
(5) Your AC21 letter may/may not reach your file depending on the service center, officer and a lot of other factors.
(6) Usually most AC21 cases go through just fine unless your ex employer requests a revoke on i 140 - in such a situation you may get an RFE, NOID or a straight denial on 485 - nothing to worry about - you can resolve all these and you will find yourself back on track.
Hope this helps
Recently, i have applied for a perm position using EAD . I explained to the client about by current status of GC. They wanted to know what they are supposed to do for it. I told them i need to 'invoke' a law called AC21.(pardon my ignorance if iam wrong) inorder to transfer my pending application.
Now the big question is, how do i initiate this whole process?
I really apreaciate all your suggestions.
Invoking AC21 is easy, but you need to know what you can expect and how to resolve it
(1) If you decided to change to new employer using EAD - there is nothing you need to do. Just join and work.
(2) As employer is asking what they need to do - tell them they need to provide an AC21 letter of support - you can find various formats on the web.
(3) Your new job must be in same or similar category.
(4) Call customer service to verify your address on file - also hire a personal attorney and make sure they file g 28 and have them on file too for USCIS communication
(5) Your AC21 letter may/may not reach your file depending on the service center, officer and a lot of other factors.
(6) Usually most AC21 cases go through just fine unless your ex employer requests a revoke on i 140 - in such a situation you may get an RFE, NOID or a straight denial on 485 - nothing to worry about - you can resolve all these and you will find yourself back on track.
Hope this helps
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That is correct! The bills in the house and senate coming up for discussion does not mention visa re-capture. However, Please look at the titles-don't they sound the same. The contents are different. The content of S.424 is to give permanent residents the same STATUS as US citizens so that they can sponsor their wives, parents, brothers, sisters and doggies...So an amendment is necessary. That's why I have written in the original post-
'The second bill Uniting American Families Act is in the US House. Though the intent of this bill is not the same as the senate bill S.1085 noted above; an amendment can be made to make it the same. Currently, they are scheduling a House hearing on 3rd. June, 2009 for that bill.'
Friends, please use these two bills to gather momentum for congress. That is our ONLY hope for Summer 2009!
Sorry to spoil the party guys..but it seems this hearing is for
S 424 - Uniting American Families Act of 2009
http://thomas.loc.gov/cgi-bin/query/D?c111:1:./temp/~c111NlehB4::
and not S.1085 Reuniting Families Act ...
I hope someone proves me wrong.... :mad::confused:
'The second bill Uniting American Families Act is in the US House. Though the intent of this bill is not the same as the senate bill S.1085 noted above; an amendment can be made to make it the same. Currently, they are scheduling a House hearing on 3rd. June, 2009 for that bill.'
Friends, please use these two bills to gather momentum for congress. That is our ONLY hope for Summer 2009!
Sorry to spoil the party guys..but it seems this hearing is for
S 424 - Uniting American Families Act of 2009
http://thomas.loc.gov/cgi-bin/query/D?c111:1:./temp/~c111NlehB4::
and not S.1085 Reuniting Families Act ...
I hope someone proves me wrong.... :mad::confused:
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You are talking about getting GC. My position is that I am just waiting it to be MARCH 2005 just to file for my 485. My job requires EB2 but attorney filed it in EB3 and now doesnt want to re-apply EB2. You all are better than my position. Been here for more than 8 years but still dont have EAD.
[QUOTE=oldschool;147268]Are there any implications of leaving my employer now who sponsored me for GC? I got my GC on the first week of July. I plan to leave on the 1st week of September. Thank you very much.
You can leave even before your GC comes through by invoking AC21.
Frankly, I think the 6 month period is propaganda.
its my opinion and not legal opinion.
If you already used AC21 then? how would you explain to IO. I think what matters is your explanation and there should be no reason for denial of citizenship if you are able to explain.
cheers
You can leave even before your GC comes through by invoking AC21.
Frankly, I think the 6 month period is propaganda.
its my opinion and not legal opinion.
If you already used AC21 then? how would you explain to IO. I think what matters is your explanation and there should be no reason for denial of citizenship if you are able to explain.
cheers
I am not sure about this but one thng can certainly happen with Admin Fix.
Porting of applicant who have stayed long enough in (EB3 to EB2). EB3 15 years experience and still counting and stuck and uncertain porting rules and AC21 doesn't make sense at all.
Or
AC21 rules or some other fix giving relief to people stuck in GC unnecessarily.
USCIs can make these fixes but they dont want to do it. Its simple
I wish it was so easy. USCIS cannot just do fixes on their own. Getting the administration to support us and get some fixes is what IV is working on.
I wish more people had come to the advocacy event. They would have seen first hand what amount of hard work has been put in. The kind of commitment and personal sacrifices members have put in to not only get the ball rolling on the admin fixes but also building relationships on the hill.
Porting of applicant who have stayed long enough in (EB3 to EB2). EB3 15 years experience and still counting and stuck and uncertain porting rules and AC21 doesn't make sense at all.
Or
AC21 rules or some other fix giving relief to people stuck in GC unnecessarily.
USCIs can make these fixes but they dont want to do it. Its simple
I wish it was so easy. USCIS cannot just do fixes on their own. Getting the administration to support us and get some fixes is what IV is working on.
I wish more people had come to the advocacy event. They would have seen first hand what amount of hard work has been put in. The kind of commitment and personal sacrifices members have put in to not only get the ball rolling on the admin fixes but also building relationships on the hill.
