ganguteli
03-22 11:39 PM
As per 2006 and 2007 CIR, only illegal immigrants get green card easy. Legals like us - it will become even more difficult. read the text of previous CIRs and new CIR will not be different. Below is the text, it clearly excludes legals from legalization. Hope I would have been daring enough to be illegal. Definately, illegals are the vote banks and they get all the attention.
TEXT:
SEC. 245B. ACCESS TO EARNED ADJUSTMENT.
`(a) Adjustment of Status-
`(1) PRINCIPAL ALIENS- Notwithstanding any other provision of law, including section 244(h) of this Act, the Secretary of Homeland Security shall adjust to the status of an alien lawfully admitted for permanent residence, an alien who satisfies the following requirements:
`(A) APPLICATION- The alien shall file an application establishing eligibility for adjustment of status and pay the fine required under subsection (m) and any additional amounts owed under that subsection.
`(B) CONTINUOUS PHYSICAL PRESENCE-
`(i) IN GENERAL- The alien shall establish that the alien--
`(I) was physically present in the United States on or before the date that is 5 years before April 5, 2006;
`(II) was not legally present in the United States on April 5, 2006, under any classification set forth in section 101(a)(15); and
`(III) did not depart from the United States during the 5-year period ending on April 5, 2006, except for brief, casual, and innocent departures.
`(ii) LEGALLY PRESENT- For purposes of this subparagraph, an alien who has violated any conditions of his or her visa shall be considered not to be legally present in the United States.
..................legals dont earn legalization. In other parts of bill, legal immigrants have to go thru even more rigrous LC processes but illegals have to do nothing. So, all those excited about Obama and CIR, cool down.
Legals do not need to be legalized. They are already legal. Legals need to be permanentized. (I like this new word)
You have not read the entire bill and fully understood it. You are just picking up a small portion and making judgment.
TEXT:
SEC. 245B. ACCESS TO EARNED ADJUSTMENT.
`(a) Adjustment of Status-
`(1) PRINCIPAL ALIENS- Notwithstanding any other provision of law, including section 244(h) of this Act, the Secretary of Homeland Security shall adjust to the status of an alien lawfully admitted for permanent residence, an alien who satisfies the following requirements:
`(A) APPLICATION- The alien shall file an application establishing eligibility for adjustment of status and pay the fine required under subsection (m) and any additional amounts owed under that subsection.
`(B) CONTINUOUS PHYSICAL PRESENCE-
`(i) IN GENERAL- The alien shall establish that the alien--
`(I) was physically present in the United States on or before the date that is 5 years before April 5, 2006;
`(II) was not legally present in the United States on April 5, 2006, under any classification set forth in section 101(a)(15); and
`(III) did not depart from the United States during the 5-year period ending on April 5, 2006, except for brief, casual, and innocent departures.
`(ii) LEGALLY PRESENT- For purposes of this subparagraph, an alien who has violated any conditions of his or her visa shall be considered not to be legally present in the United States.
..................legals dont earn legalization. In other parts of bill, legal immigrants have to go thru even more rigrous LC processes but illegals have to do nothing. So, all those excited about Obama and CIR, cool down.
Legals do not need to be legalized. They are already legal. Legals need to be permanentized. (I like this new word)
You have not read the entire bill and fully understood it. You are just picking up a small portion and making judgment.
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desi3933
07-06 02:42 PM
Even in that case, all the benefits they were hoping to get from increased fees will be lost - and much more than that.
Average fee hike is $500 but average reimbursement of expenses would be atleast $1000
As per various lawyers' web-sites -- It is highly unlikely that there will be reimbursement of expenses even if case is won.
______________________
Not a legal advice.
Average fee hike is $500 but average reimbursement of expenses would be atleast $1000
As per various lawyers' web-sites -- It is highly unlikely that there will be reimbursement of expenses even if case is won.
______________________
Not a legal advice.
pns27
05-13 05:49 PM
Why cant you guys understand, we have no right to demand.
Lot of people , who otherwise would have qualified for Eb2 went ahead with EB3. First of all why did you you agree to it. Because, that time, that was something easy to get instead of changing it to EB2. That was the fight under your control. Not the one you are asking for.
Someone rightly said, you need one scientist,2 qualified/experience guys and 6 eb3 guys to do actual work. A right pyramid for an organisation.
But how can you miss govt. requirement. They need more PhDs. So they are asking us to do more study, earn more higher advanced degrees because thats what they need. Not our so called BE/Btech degree. In another 4-5 years, I wont be surprised, if only guys with masters will be only allowed to apply, if they find equal number of master graduates. Who cares for ordinary graduates. EB3 min qual will be raised to Masters with 5 years experience. What will be your say then ?
So look ahead and act accordingly. Make sure you can anticpate their moves. Its not a rocket science. 6-7 years back, there wasnt much application for EB category. But looking at the last year number, I wont be suprised, if they decide to raise the criteria bar. Simple, and all backlogs will be over. The reason they are not doing this because they still need eb3/eb2. But not in quantity, you would like them to but rather what they would like to have.
As far as country uota is concerned, everyone knows China and India, over populous contry. You increase the number to a million, and that would also fall short. But then they do not want so many people from a single country, as it will have a lot of political ramification in the future.
You are making up things here; Eb1->Eb2->Eb3 is correct only from education and experience for the Job point of view but not true from Quota point of view.
�The argument that Eb1 is preferred above Eb2 and BE2 is preferred over EB3 is absurd.
The regular yearly BE quota is distributed equally among all three categories, so then why they should not follow the same distribution for the overflow numbers?
Said that all BE3 applicants who are eligible should port there PD to EB2. Simple, when you know how the system works try to adapt to it.�
We don�t know the system when we filed our CGs, we just trusted out attorneys. If we have to do this CG stuff again most of us will do it differently.
Remember one more thing, one may be EB2 can still be less qualified and less experienced then an EB3 as EB criteria is for the Job not for the person.
PNS27
PD: EB3 June 2002
Lot of people , who otherwise would have qualified for Eb2 went ahead with EB3. First of all why did you you agree to it. Because, that time, that was something easy to get instead of changing it to EB2. That was the fight under your control. Not the one you are asking for.
Someone rightly said, you need one scientist,2 qualified/experience guys and 6 eb3 guys to do actual work. A right pyramid for an organisation.
But how can you miss govt. requirement. They need more PhDs. So they are asking us to do more study, earn more higher advanced degrees because thats what they need. Not our so called BE/Btech degree. In another 4-5 years, I wont be surprised, if only guys with masters will be only allowed to apply, if they find equal number of master graduates. Who cares for ordinary graduates. EB3 min qual will be raised to Masters with 5 years experience. What will be your say then ?
So look ahead and act accordingly. Make sure you can anticpate their moves. Its not a rocket science. 6-7 years back, there wasnt much application for EB category. But looking at the last year number, I wont be suprised, if they decide to raise the criteria bar. Simple, and all backlogs will be over. The reason they are not doing this because they still need eb3/eb2. But not in quantity, you would like them to but rather what they would like to have.
As far as country uota is concerned, everyone knows China and India, over populous contry. You increase the number to a million, and that would also fall short. But then they do not want so many people from a single country, as it will have a lot of political ramification in the future.
You are making up things here; Eb1->Eb2->Eb3 is correct only from education and experience for the Job point of view but not true from Quota point of view.
�The argument that Eb1 is preferred above Eb2 and BE2 is preferred over EB3 is absurd.
The regular yearly BE quota is distributed equally among all three categories, so then why they should not follow the same distribution for the overflow numbers?
Said that all BE3 applicants who are eligible should port there PD to EB2. Simple, when you know how the system works try to adapt to it.�
We don�t know the system when we filed our CGs, we just trusted out attorneys. If we have to do this CG stuff again most of us will do it differently.
Remember one more thing, one may be EB2 can still be less qualified and less experienced then an EB3 as EB criteria is for the Job not for the person.
PNS27
PD: EB3 June 2002
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satishbsk
11-01 07:13 PM
Looks like there is no national policy in DMV license renewal.
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GCKaMaara
04-07 01:34 PM
Its a wrong fallacy to assume that NOs = people who dont want to part with their money at this stage. Let me put it this way for you with an example :-
...
is not a good approach given that once someone gives money , they may start having a feeling of entitlement and we may not be ready to handle it.
I second this.
...
is not a good approach given that once someone gives money , they may start having a feeling of entitlement and we may not be ready to handle it.
I second this.
Caliber
04-02 12:27 PM
PS : I work with one of best semiconductor companies in world and earn decent salary .
All GULTIs , start giving me red and i don't give a** for that.
I understand the pain of dependents. My son is also will be aging out.
Ability to work comes from EAD which would come from filing of 485. July 2007 filing was pushed mainly by IV and only then other organizations have pushed for it. I hope you are aware of this. 2 year EAD is IV's achievement.
All this happenned due to IV members and dedicated IV core. The president of this site IV is not a GULTI, but an Indian who donated about 60,000.00 US dollars. Yes, US $ 60K. He is also just like you and me. Never thought of divisions among immigrants: Neither Indian, Chinese, Philippines nor any origin. We have members from all over the world. The majority unfortunately is from India due to severe retrogression.
Had president of IV not donated 60,000.00, majority of us would still be struggling for spouse to work.
Please read IV's goals. Then you can comment whatever you want. Without funds, nothing can be moved. We have to lobby. That is the only option we have. IV core is also like you and me with normal jobs. They can not fly to DC every week or month for lobbying.
Please think before posting some thing.
I am not part of core, but have symtahies on them for doing a THANKLESS job for every one's good.
All GULTIs , start giving me red and i don't give a** for that.
I understand the pain of dependents. My son is also will be aging out.
Ability to work comes from EAD which would come from filing of 485. July 2007 filing was pushed mainly by IV and only then other organizations have pushed for it. I hope you are aware of this. 2 year EAD is IV's achievement.
All this happenned due to IV members and dedicated IV core. The president of this site IV is not a GULTI, but an Indian who donated about 60,000.00 US dollars. Yes, US $ 60K. He is also just like you and me. Never thought of divisions among immigrants: Neither Indian, Chinese, Philippines nor any origin. We have members from all over the world. The majority unfortunately is from India due to severe retrogression.
Had president of IV not donated 60,000.00, majority of us would still be struggling for spouse to work.
Please read IV's goals. Then you can comment whatever you want. Without funds, nothing can be moved. We have to lobby. That is the only option we have. IV core is also like you and me with normal jobs. They can not fly to DC every week or month for lobbying.
Please think before posting some thing.
I am not part of core, but have symtahies on them for doing a THANKLESS job for every one's good.
more...
GC08
06-15 08:22 PM
I don't know how many years i have to wait to get out of namecheck. Golden years going by ...
We are being squeezed all along the way... Did you notice I140 retrogression? Think about those who got stuck at labor, then 140, then I485, then name check...
Did you hear that they were trying to eliminate AC21? So what's the benefit of filing I485 considering all the backlogs? Without AC21, you still have to start all over again should you lose your job.
Pure stupidity on those bueracrats!
We are being squeezed all along the way... Did you notice I140 retrogression? Think about those who got stuck at labor, then 140, then I485, then name check...
Did you hear that they were trying to eliminate AC21? So what's the benefit of filing I485 considering all the backlogs? Without AC21, you still have to start all over again should you lose your job.
Pure stupidity on those bueracrats!
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n2b
09-29 10:21 AM
I agree with most. We should not expect major "Forward" movement in dates until the 3rd & the 4th quarter of USCIS' fiscal year! Until then we might as well keep the prediction threads to the minimum.
more...
gcisadawg
01-16 12:19 PM
Robbers charging your credit card is no big deal either. There are federal laws protecting us on incorrect credit card charges. Would you want to risk your life for just $50?
Year ago, my credit card was used by someone in Vegas and they charged about $2000.....I didn't loose my card and I was no where near Vegas during that time. My bank didn't charge me even a penny after going thru the identity theft complaint process which involved sending couple of mails with some notarized stuff and few phone calls.
Last month, my wife's handbag (had card in it) was pick-pocketed in a small town in India and they tried to use the card. We were on vacation and immediately called the bank and canceled the card.
Point is, whether it is India or US or anywhere, if a thief gets hold of your card, they would try to use it. For some, there is nothing like a free lunch!
Another example my ex-boss in US had. There was a homeless person in his area and he used to see him almost every day. One day he decided to do something, talked to him and asked him to sign-up with his church rehab group, get him a job etc....My ex-boss was serious but the homeless promptly rejected all the offers and instead he just wanted to remain as homeless only. He didn't even want to try....
Thanks,
GCisaDawg
Year ago, my credit card was used by someone in Vegas and they charged about $2000.....I didn't loose my card and I was no where near Vegas during that time. My bank didn't charge me even a penny after going thru the identity theft complaint process which involved sending couple of mails with some notarized stuff and few phone calls.
Last month, my wife's handbag (had card in it) was pick-pocketed in a small town in India and they tried to use the card. We were on vacation and immediately called the bank and canceled the card.
Point is, whether it is India or US or anywhere, if a thief gets hold of your card, they would try to use it. For some, there is nothing like a free lunch!
Another example my ex-boss in US had. There was a homeless person in his area and he used to see him almost every day. One day he decided to do something, talked to him and asked him to sign-up with his church rehab group, get him a job etc....My ex-boss was serious but the homeless promptly rejected all the offers and instead he just wanted to remain as homeless only. He didn't even want to try....
Thanks,
GCisaDawg
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GotFreedom?
04-02 05:44 PM
Dude, you forgot the most important point....
After apology/providing GC, they are going to provide settlement assistance as a welcome gift....
Right!!! and in the future bulletins, the dates will continue to move to the future and all the FOBs will be forced to take the GC at the POEs else they will be denied entry into the US of A.
After apology/providing GC, they are going to provide settlement assistance as a welcome gift....
Right!!! and in the future bulletins, the dates will continue to move to the future and all the FOBs will be forced to take the GC at the POEs else they will be denied entry into the US of A.
more...
ANIANTCHEV
03-03 09:02 AM
I just PayPaled $300 yesterday. Please, keep all of us PBEC and DOL victims in mind as well. We need your help!!
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GCAmigo
05-14 06:25 PM
this is my 10th year in the US & never had a single incident along the racial lines.. probably I lucked out.. However, I don't subscribe to this opinion of removing moustache..... I am proud of my bushy moustache & have had women admire that at/outside work.. But I do agree 100% on all the other points you raised..
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ryanjoe_99
10-24 08:12 PM
We(my husband,my two kids,and I) did finger printing on July 19,2007. Now My older son 13 years old got finger printing again. Why?, what does it mean.
I am scared
I am scared
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ufo2002
09-15 12:59 PM
Its very interesting to read about people�s different perspective about same thing we are all after.. lets ask ourselves.. honestly why we do want GC and I am sure we all would have multiple reasons for this in our subconscious but would not like to bring it to forefront because it would only undermine our own ability to fight it or make life more stressful.. but end of the day we all want this card.. for me I want it mainly for security and peace of mind�lets look at the different situations.. these might be extreme but we all might have thought about these situations atleast at some point in the recent past� .. and especially the people in the seventh year
1. You are in your seventh year� and you loose you job�.what is the first thought that comes to your mind.. I got to pack and leave .. pack your home of seven years and all your possessions you collected, in two suitcases of 50lbs each and leave�forget the Flat Screen TV,, forget all the electronics and the two cars you love ... just list them in craigslist �
2. You have home which you bought with so much pride�what do you do? ..List it.. make a desperate sale in this falling market.. loose a ton of money and leave�and don't even talk about all the silk plants..floor lamps.. the furnishing,, they are for the yard sale on the Saturday..
3. You have child whom you love and have plans for them.. love the school.. are an active member in the PTA � all of sudden what you do.. pull them out of school, move them from the only culture and the country they have known the only President they know is Bush and the only national anthem they have learnt is "The Star-Spangled Banner"�to another place where they don�t even understand the language forget the culture, national anthem etc..
4. Think about your spouse.. they have adopted themselves to this lifestyle.. probably felt lonely when you moved here 7 years but now like it.. its time for them to move back�why because your don�t have a GC
5. Forget the Golf and Tennis you enjoy so much here �it was all a very good dream..
1. You are educated.. have a masters, have a professional degree.. but have been in the same position and department because of your long wait for GC, what happens� the fresh college graduate or the dumb blond who joined two years back and whom you taught how to log into the network is now your peer and you are still on the same desk doing the same job getting the 2% raise and working even more hard..so that you can keep you job..with a new dumb boss.. who thinks you are so dumb that you have been in the same job for so long time..
2. All your batchmates are doing great..some of them are now sweating to be VP�s having risen by changing jobs �. You are still years away from that situation.. what do you do.. stop attending alumni meets and envy the mails in your yahoo groups from people..
3. Seven years in US.. you have made your professional contacts.. and have a social network.. in which you invested your time and effort.. loose your job in the seventh year.. and all these contacts are nothing but an occasional international long distance call in future..
Last but not the least� flight back home to your country is not going to be as smooth as the flight to US was seven years back.. back home look for a job..learn the whole new professional culture �and then set up a new home,,new school for kids�.why because we could not get a GC.. which was not in our control.. and because some stupid insane guy sitting in cave 10K miles away decided to terrorize the people in America in 2001.. and make life difficult for all the people..including people in H1...
We might all go back to our home country one day.. but the ride back home would be much more pleasant and happier of a choice we made and not because we did not get a GC�
Good Luck and lets keep up the effort... :)
I just did No. 2!!! Yes, sold my home off recently and now living in apt. I am single and no family so I am more flexible when it comes to leaving the US. Also, because I have been in my field of work for 10 years and feeling a little bored with it and wanna go back to uni to try another field, but don't want to do it in the US in case I lose my job and then have expensive bills to pay.
With that GC, at least I can feel more secure, will have the ability to find a local employer while going to college, etc.
1. You are in your seventh year� and you loose you job�.what is the first thought that comes to your mind.. I got to pack and leave .. pack your home of seven years and all your possessions you collected, in two suitcases of 50lbs each and leave�forget the Flat Screen TV,, forget all the electronics and the two cars you love ... just list them in craigslist �
2. You have home which you bought with so much pride�what do you do? ..List it.. make a desperate sale in this falling market.. loose a ton of money and leave�and don't even talk about all the silk plants..floor lamps.. the furnishing,, they are for the yard sale on the Saturday..
3. You have child whom you love and have plans for them.. love the school.. are an active member in the PTA � all of sudden what you do.. pull them out of school, move them from the only culture and the country they have known the only President they know is Bush and the only national anthem they have learnt is "The Star-Spangled Banner"�to another place where they don�t even understand the language forget the culture, national anthem etc..
4. Think about your spouse.. they have adopted themselves to this lifestyle.. probably felt lonely when you moved here 7 years but now like it.. its time for them to move back�why because your don�t have a GC
5. Forget the Golf and Tennis you enjoy so much here �it was all a very good dream..
1. You are educated.. have a masters, have a professional degree.. but have been in the same position and department because of your long wait for GC, what happens� the fresh college graduate or the dumb blond who joined two years back and whom you taught how to log into the network is now your peer and you are still on the same desk doing the same job getting the 2% raise and working even more hard..so that you can keep you job..with a new dumb boss.. who thinks you are so dumb that you have been in the same job for so long time..
2. All your batchmates are doing great..some of them are now sweating to be VP�s having risen by changing jobs �. You are still years away from that situation.. what do you do.. stop attending alumni meets and envy the mails in your yahoo groups from people..
3. Seven years in US.. you have made your professional contacts.. and have a social network.. in which you invested your time and effort.. loose your job in the seventh year.. and all these contacts are nothing but an occasional international long distance call in future..
Last but not the least� flight back home to your country is not going to be as smooth as the flight to US was seven years back.. back home look for a job..learn the whole new professional culture �and then set up a new home,,new school for kids�.why because we could not get a GC.. which was not in our control.. and because some stupid insane guy sitting in cave 10K miles away decided to terrorize the people in America in 2001.. and make life difficult for all the people..including people in H1...
We might all go back to our home country one day.. but the ride back home would be much more pleasant and happier of a choice we made and not because we did not get a GC�
Good Luck and lets keep up the effort... :)
I just did No. 2!!! Yes, sold my home off recently and now living in apt. I am single and no family so I am more flexible when it comes to leaving the US. Also, because I have been in my field of work for 10 years and feeling a little bored with it and wanna go back to uni to try another field, but don't want to do it in the US in case I lose my job and then have expensive bills to pay.
With that GC, at least I can feel more secure, will have the ability to find a local employer while going to college, etc.
more...
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chanduv23
07-10 09:49 AM
Do you know if one is better than the others...like murthy is better than rajeev khanna .....Basically who has more experience and success handling AC21 and MTR cases...I spoke to one of the murthy attorneys and they seemed to be good... but again I donot have any personal experience... Is Rajeev khanna better than murthy
No idea. It is difficult to judge them. All Attorneys are out there to get money and there is only so much to Immigration law.
Immigration Law is not all about courts and cases and judges, immigration lawyers are just like "consulting agents" - all they do is proper paperwork and are certified to provide immigration services.
No idea. It is difficult to judge them. All Attorneys are out there to get money and there is only so much to Immigration law.
Immigration Law is not all about courts and cases and judges, immigration lawyers are just like "consulting agents" - all they do is proper paperwork and are certified to provide immigration services.
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bheemi
04-03 10:08 AM
I am suprprised if IV is working towards abiltiy to file 485 and hard country limit...Just want to know how IV is working towards these 2 items...
If any of these two wont show out in coming bill,..then I would say goodbye to IV..because all other items in bill were there without IV;s interaction....
Can somebody calrify if these options will anyway include in this bill..by means of ammendements...
If any of these two wont show out in coming bill,..then I would say goodbye to IV..because all other items in bill were there without IV;s interaction....
Can somebody calrify if these options will anyway include in this bill..by means of ammendements...
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hopefulgc
07-04 02:22 PM
I am not sure how encouraging it will be for you to hear about some of our friends in tristate area.
Pretty much like you (Desi employers, 80/20 or 70/30 arrangements, found contracts through dice/monster/hotjobs, filed in jul 07 fiasco and AC21'ed off to full time positions). There is nothing wrong with these arrangements but unfortunately they are considered pretty much illegal from the H1b & immigration point of view.
Employers of many of them who have received their GC and many who are pending are currently being investigated. First they closed the gaping hole called substitution and now they are after all these sketchy employers and the petitions pending/approved through them.
It sucks for people whose petitions have been approved and are now trying to crystallize their lives by buying homes, etc. Administration holds the trump card in that they can revoke GC/citizenship anytime.
Few of these desi employers were nice enough to notify the beneficiaries. Many of these cases involve people who filed for EB2 i-140 to capture their EB3 dates after changing employers.
Pretty much like you (Desi employers, 80/20 or 70/30 arrangements, found contracts through dice/monster/hotjobs, filed in jul 07 fiasco and AC21'ed off to full time positions). There is nothing wrong with these arrangements but unfortunately they are considered pretty much illegal from the H1b & immigration point of view.
Employers of many of them who have received their GC and many who are pending are currently being investigated. First they closed the gaping hole called substitution and now they are after all these sketchy employers and the petitions pending/approved through them.
It sucks for people whose petitions have been approved and are now trying to crystallize their lives by buying homes, etc. Administration holds the trump card in that they can revoke GC/citizenship anytime.
Few of these desi employers were nice enough to notify the beneficiaries. Many of these cases involve people who filed for EB2 i-140 to capture their EB3 dates after changing employers.
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chanduv23
02-23 05:43 PM
Bulls eye. this is what I am thinking.
I am looking for an answer in general for all.
May not be 100%, I have been advised that one can switch back to h1b if there is a gap and one is on pending 485 - but may have to do stamping prior to start using the H1b - gurus can correct me here.
I am looking for an answer in general for all.
May not be 100%, I have been advised that one can switch back to h1b if there is a gap and one is on pending 485 - but may have to do stamping prior to start using the H1b - gurus can correct me here.
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gc4sk
08-27 11:42 AM
Hi rbkrao,
Did you show them original receipt notice or photo copy? Was there problem in getting the renewal?
Thanks,
gc4sk
Did you show them original receipt notice or photo copy? Was there problem in getting the renewal?
Thanks,
gc4sk
styrum
02-09 04:21 PM
Yes the initial reason for denial is bogus, but they may still deny it because of "too restrictive requirements"
What do you mean by "too restrictive requirements"?? so do you think I will be better off finding another job with a different company so I can apply for a new PERM (EB2) or just wait for the appeal that is now over 6 months??
Also, I know that the reviewing officer is supposed to review my appeal request and send a copy to the appeal board so they can make a decision but he/she has not done that because I convinced the HR in my company to call the board of appeal and they said they haven't received my appeal request from the reviewing officer ( he was supposed to send it within 30 days). he has had my appeal request for over 6 months. I am not sure what to do at this stage. I feel like I am stuck.[/QUOTE]
This is how they sabotage it! By the rule you must send the appeal to the same office that denied your PERM. Then they must send the appeal file to BALCA (and a copy to the employer IMMEDIATELY), but they pretend they never received it from you, I guess. They violate the law, but I don't know if we can do anything. Assembly the appeal file yourself and write to BALCA that you did file the appeal with the center (you have a proof that the mail has delivered it, right?) but it was them who, in violation of the law, haven't forwarded it to BALCA yet. 6 months can not be considered IMMEDIATE under any circumstances.
What do you mean by "too restrictive requirements"?? so do you think I will be better off finding another job with a different company so I can apply for a new PERM (EB2) or just wait for the appeal that is now over 6 months??
Also, I know that the reviewing officer is supposed to review my appeal request and send a copy to the appeal board so they can make a decision but he/she has not done that because I convinced the HR in my company to call the board of appeal and they said they haven't received my appeal request from the reviewing officer ( he was supposed to send it within 30 days). he has had my appeal request for over 6 months. I am not sure what to do at this stage. I feel like I am stuck.[/QUOTE]
This is how they sabotage it! By the rule you must send the appeal to the same office that denied your PERM. Then they must send the appeal file to BALCA (and a copy to the employer IMMEDIATELY), but they pretend they never received it from you, I guess. They violate the law, but I don't know if we can do anything. Assembly the appeal file yourself and write to BALCA that you did file the appeal with the center (you have a proof that the mail has delivered it, right?) but it was them who, in violation of the law, haven't forwarded it to BALCA yet. 6 months can not be considered IMMEDIATE under any circumstances.
amitjoey
05-22 06:30 PM
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