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  • lazycis
    12-18 02:41 PM
    Sorry to hear about your situation. You should've taken unpaid leave for two weeks instead of a lay off. Now you definitely should not file AC21 and hope that the USCIS will not issue RFE (rarely happens). It doesn't matter how you quit, if the USCIS finds about it, it will probably deny I-485.
    Regarding Shusterman's Q&A. I am not sure where he is coming from. The law (8 USC 1154) does not provide for lay-off exception. Wait... The USCIS memo says this:

    "Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
    Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."

    So you may not be in a bad shape after all. As for whether to file AC21 papers in your situation, I am not sure. I would not do it.





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  • ragz4u
    04-01 11:46 AM
    Everyone,

    We have received information that the Comprehensive Immigration Bill will be voted soon and the bill will be closed for amendments on Wednesday. That leaves only 2 working days to get something done

    The text for the bill was only released in the evening on March 28th

    As you have seen from the document released by IV that H2A workers will now be able to get citizenship in 11 years and self petition themselves. But legal skilled workers
    1) will not be able to self petition
    2) the wait to citizenship as it stands today is definitely more than 11 years
    3) and all the left-over visas from EB1, EB2 and EB3 will now go to EB5 category

    We really need to make sure that everyone is aware of the unfair treatment meted out to legal skilled immigrants and will be doing the following

    1) We will be putting up webfaxes to send to senators asking for similar treatment to legal skilled immigrants too. They should be up by 5.00 PM EST. Make sure you login and send a webfax ASAP.

    How can I send the fax?

    a) Login,
    b) click on the 'Home' link on the top of the page,
    c) then click on the 'WebFax' link on the left hand side menu options,
    d) enter your information,
    e) Select webfax # 10 and #11 and your state
    f) Send the fax


    2) We need to contact each and every company like Microsoft/Intel (and any other to which IV members belong) that depends on skilled immigrants for their functioning. We need to make sure that their HR and CEO know about this.

    a) If you are not comfortable with speaking about this to your HR/CEO (and we don't see any reason why), please send us the email id of the right person in HR and your CEO. We will not put your name anywhere but send a polite email to them on behalf of Immigration Voice. We will NOT spam them (just a single email) and will not name any person in the email. Remember that this is just to get their attention so that they can do the right thing.
    Email shrey@immigrationvoice.org or nagaraj@immigrationvoice.org with the subject - Contacts for <Company Name>

    b) On the other hand if you are comfortable speaking about this directly to your HR/CEO that carries a lot more weightage. Contact us and we will give you all the material you need to talk to your company decision makers. In that case, email shrey@immigrationvoice.org or nagaraj@immigrationvoice.org with the subject - Willing to speak to folks from <Company Name>

    A list of companies where there are already IV members willing to speak to their employers is in the second post (summary post). Send us an email and we will put the folks in the same company in touch with each other so that they can approach their HR/CEO collectively

    3) We need to contact each and every media person that we know of so that they also realize the urgency of the situation. If you have any leads for any media contact, please send an email to rajesh@immigrationvoice.org or sunil@immigrationvoice.org with the subject Media contact for <media Name>

    4) Last time we sent about 385 faxes. This time 385 will not cut it. We need atleast a couple thousand faxes to get our job done. We need every member of IV + spouse and much more to achieve the kind of deluge we intend. Get atleast 5 new members to IV. I am sure most of us can call up atleast 5 more friends who might not know of IV but will be affected by the above. This may, for all practical reasons, be the final push from IV and we need as much support from everyone as possible.

    5) If you have any other idea to get our information out to everyone, email shrey@immigrationvoice.org or jay@immigrationvoice.org or nagaraj@immigrationvoice.org with the subject line Other Ideas

    Also a quick note, please do not expect a reply from IV core members to your emails unless you are speaking to your firm's folks and need some info from IV. We are really busy in getting everything going. Thanks for understanding.

    Please spread the word.





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  • lazycis
    01-27 05:01 PM
    Your case is a bit different, I am not sure if you could avoid paying back as GC process is for your benefit so a company could request a pay-back, even though amount is a bit high and you did not get anything in return. I would compare it to a situation where company gives an employee a laptop and expect person to return it when s/he leaves a company.
    helloh1's clause is different - company receives benefits by training its employees so it's just plain wrong to request a pay back in that case.
    So just forget about it and move on, we all make mistakes and here in the US those mistakes usually cost money.





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  • tinku01
    02-19 12:23 PM
    Raj,

    We should make some efforts to get relief otherwise nothing would happen next year also.



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  • mchundi
    12-13 03:19 PM
    yea this is correct. a member named united nations posted a detailed break down on immigration portal a few months back. This has been implemented by the DOS by suspending the AC21 rule of a variable cap and enforcing a hard cap of 7%. This was mentioned in the november or december 2005 bulletin.

    From my perspective I think its a travesty that when the UCIS and the DOL has classified some of us as "exceptional" aliens, we can still not adjust our status because we were born in India or China while Mexicans with the same qualifications can. If the country limit is to avoid monopolization of numbers and enhance diversity...all categories for Mexico should be "U"

    ---post from immigration portal

    indian_gc_ocean
    Registered User Join Date: Jul 2006
    Posts: 194

    The following is from November 2005 visa bulletin published October 2005.

    "During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply, and the amount of Employment numbers available to any single country will be subject to the 7% cap."

    Well, now I realized it is not DOS but again its me who was not upto date with the trend. This means that India cannot go beyond its 7% using unused visas. In the same bulletin there is something that indicated that it allocated too many visas to India in the past. Most likely DOS does not take any action until ROW eb3, eb2 and eb1 are current. Now I have also understood why the perm is necessary at the this time for row. Perm helps row move faster thatway in the loooooong run helping India when all the row is current.

    There will not be any spillover to any India categories in the near future. This is the reason why India eb2 went unavailable. EB1 will soon follow the case. Eventhough eb3 moves, it was like unavailable for a long time. 1400 greencards a year in each category (excluding spouses from this ordeal) is hardly enough for India. I doubt there would be any encouraging direction in future as India had consumed too many visas in the past years. This is sort of balancing act as far as DOS is concerned. Only a change of heart can save India.

    This is really bad for India as most of the people applied for 485 after spending nearly many years in BEC (that itself a retrogression). With Philly clearing non-rir 2001 eb2 labors, can't wait to see october's eb2 retrogression dates.

    I wouldn't care about where the overflow/spillover goes as it is not for India.

    Atlast, the email from murthy.com about eb2 visas going unavailable did not surprise me. My parents named me right and I am an enlightened person now.

    In the past it is not just where u came from but also where u r that determined ur fate. People living under some fast processing centers like illinois got their G.C very fast. Most of the 50k (Indians) odd G.C's in Employment category were with PD in 2003/2004.
    Most of the guys back west in C.A and other slow states lost those 2001 PD when their Labors went nowhere and most changed jobs in 2002 due to the tech bubble.
    USCIS has a strange way of dispensing justice. Suspending rules whenever they mess up. I would not be surprised if they wasted another 10-20k VISA numbers in the last year.
    --MC





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  • imh1b
    11-12 09:16 AM
    Visa bulletin is coming today



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  • ash0210
    12-04 08:19 PM
    [QUOTE=alterego]That money will dissapear into a dark hole in the Indian Gov't coffers instead of a dark hole here, further as the rules stand, I have a slim chance of getting the money from here through social security payments when I turn 65 even if I am in India. [QUOTE]





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  • minimalist
    10-23 10:31 AM
    All the people who crib about red dots: There is nothing IV can do about it.
    This is a feature of the forum software.If some one uses foul language in forum posts then admins can warn them or block them. It is not possible if they do it in comments.

    Actuallly, I suggest IV kickout anyone who cribs about red dots or that someone is using foul language in PMs/comments.

    Keep the eye on the ball guys. If you see all the bullshit the IV admins bare with some other guy showing up every few weeks asking questions as if IV Core is getting rich off of the contributions. And some other guy shows up with a great plan (no sarcasm intended) asking CORE to make his thread sticky instead of keeping the thread on top by bumping it every few hours or so.Then when the core doesn't respond to their idea/request to make the thread sticky start abusing them. They take all that in stride and still continue to pour their hearts into something they believe in.
    Now here are people so worried that they got a red dot and need the grievance be addressed. If not they will be afraid to post. If all it takes some one to stop you from posting your ideas is to give a red dot, how can any progress be made?

    Think about it people.

    With a comment "ooooo". I want the IV admin's to find out who that coward is and ban them from any and every board that is out there on internet. If they don't do it, I will be so scared of posting any of my thoughts in future as that person will come and give me more red , depriving IV of a valuable member.
    Just kidding. As you guessed, things are a little slow at work today.



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  • LostInGCProcess
    02-11 03:43 PM
    With all these analysis, is there any formula to actually predict when one could get the GC? I was just curious to know when I could potentially get my GC although I stopped worrying about it a very long time ago.

    Thanks.





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  • H4_losing_hope
    02-21 12:38 PM
    I checked with some of my colleagues and friends. They all have sent the letters, but most of them have not participated in this poll at the start. So I wouldnt get discouraged by smaller number of votes in it.

    thanks for your efforts!



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  • JazzByTheBay
    10-06 04:48 AM
    Why do fingerprints matter so much?

    As long as you already have the interim benefits - the EADs & APs - taken care of, what's the significance of FPs?

    jazz

    Transfer people are stuck for FP notices... If only csc could have done the FP along with the ead/ap...





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  • EndlessWait
    10-02 12:49 PM
    I am not sure what a_to_z_Gc is looking for more details, but I would like to now if your case was transferred from NSC to CSC and back.
    Those whose cases have transferred back to NSC have not received the FP notices. I would like to know if your case was transferred back to NSC.

    when did u get ur reciept?



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  • inskrish
    08-05 10:40 PM
    EB2
    PD: May.2004
    Name Check pending.





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  • Libra
    01-22 09:24 AM
    bump, on long weekend how many of you sent letters?



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  • willwin
    06-05 01:57 PM
    Yes it sounds EB3-I is very worst effected..with just fewer approvals...

    Is that mean FB,EB1/EB2/others etc.. using more numbers and due to this EB3 numerical limit reached??

    I dont think so. I believe that EB3 I would get the bare minimum they should get in a year if not more.

    I am not tracking approvals rate as such. But if, CIS hasn't used as many numbers have DOS reported, then as Ron suggested, dates will move forward for EB3 Ind.





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  • madhu345
    10-09 10:44 PM
    Everest Technologies? Ravi Kandimalla??? I heard horror stories about them.

    Dude...you still remember this Alpheratta GA company?



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  • Almond
    11-02 06:19 PM
    MY GC NOW AND NOW NOW NOW.. uuuuAAAAnnnn uuuuuuuuaaannnnnnnnnnnn

    I want my GC now... booohhhoooooooooooooooooooo

    Okie thats it, my prediction thingy done.. back to work with desi tharra.

    Um, priority date August 06 and you're an EB3? ...you might want to leave these forums for about mm...3-4 years and come back when it's ALMOST your turn. Then you'll be almosting for a few more years :D like me. Then you can start doing your little song and dance. Look at my date.... :(





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  • jediknight
    07-09 10:39 AM
    Jon's segment on the law
    Video: Latino 911! | The Daily Show | Comedy Central (http://www.thedailyshow.com/watch/thu-july-8-2010/latino-911-?xrs=share_copy)

    and Olivia's interview with one of the Bill creators
    Video: Arizona's Photo Radar | The Daily Show | Comedy Central (http://www.thedailyshow.com/watch/thu-july-8-2010/arizona-s-photo-radar?xrs=share_copy)

    - JK





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  • xyz2005
    08-22 10:30 AM
    I guess we have to request Greg Siskind to post it on his blog? Usually he is very good in doing that

    Best Regards





    buddyinsd
    01-26 02:02 AM
    It looks like guys from AP are running away from all the mess their state is currently in. On one hand there's that YSR's son trying to create havoc for the ruling Govt. His dad and himself being the most corrupt politicians the state has ever seen. On the other hand, there's this filthy congress high command trying to counter him. Its like CORRUPT1 vs CORRUPT2 trying to get the throne so that they can remain CORRUPT. And in the wings are parties like TDP, TRS and PRP --- Really, is there a political party in AP (or even India) where one can call it corrupt free? ha ha

    I'm not a gulti, but I don't think u can really blame them :). Unfortunate but true :mad:





    stirfries
    08-19 07:09 PM
    Hello Friends,

    As you might have guessed, I am on the EB3 bandwagon because of circumstances that were beyond my control [The filing attorney screwed up :( ]

    At the time of my EB3 filing (Feb. 2004) I did possess a Masters degree and more than 5 years of Work Experience and the job responsibility that my petition was filed for, did require a Senior worker with Masters experience. Unfortunately, things didn't go that way and here I am.

    I keep reading about some lucky souls [god bless their souls :) ] who have managed to retain their priority dates and converted to EB2.

    I really want to do that. I am not sure where to start.

    1. I used AC21 and took up a new job recently. Do I approach my new employer and talk to them to see whether they would be able to file my petition in EB2 category? The bad thing is, when I joined them, I told them I don't need any sponsorship or assistance from them. It would be a volte face to go back to them and request them to do something. And the best part is, there is no guarantee that my company would file my petition.

    2. Do I look for a new employment and if and when I clear the selection process, do I tell them that the only way I could join them is if they could file my EB2 petition? If they think that my services is a necessity, they might do it else they might look for other candidates. It s like throwing a dice.

    3. Do I look around for desi consulting companies that would file my EB2 and in return I work for them (using my EAD) through the EB2 petition/adjudication process. With this approach, the desi companies might do it, but like other people, I also think the reputation of these desi consulting companies is severely dented and there is all the more chance that the EB2 petition might get denied.

    Gurus...any help or advise or information is really appreciated.

    Thanks,



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