chanduv23
04-28 08:49 PM
AC21 is a law. However, USCIS not yet published the regulation since year 2000, that binds everyone. All these memos since 2000, are internal to USCIS and not binding. They are very clear in the memo that revokation (except on fraud) of an already approved 140 by the petitioner, after 180 days of pending of 485, will not stop the approval of 485, if employee changes to similar occupation. This is just a non bining internal standard of USCIS. It does not have teeth, as it is not a public regulation. However, this internal standard can be changed by any time with/without public notice or through a regulation. Also, one should remember that, they mentioned in one of their memos that, regulation will be much tougher than memo.
Therefore, as some one is mentioned that, an approved immigrant visa pettion should be always available at the time of issuing GC. That is also a law. This law also need to be met at the time of approval of 485. Therfore AC21 and requirement for availability of approved 140 is two different and counteracting issues.
In practical situation, the employee has no control over 140 in any stage as it is employer's petition. Therefore, if employee leaves the job as per the AC21 law, employer verywell withdraw the 140 even after 180 days of 485 pending and create a situation of unavailability of approved immigrat visa petion for the employee. Therefore, in the final regulation they will make a rule that favours the employee, if everything was bonafide. It is like a aboundened spouse in family catagory.
I think, USCIS is currently taking the tough standard to weed out the consulting compaines (to put a leash on GC factories/body shoppers), as they are the one mostly abusing the EB system. Only those people working in GC factories need to worry. It may be mainly due the current economic situation. I feel thats why they are delaying the regulation. Others need not worry.
Well, 485 denials on ac21 where 140 was revoked has always been happening.
Your interpretation might be right about consulting companies but these denials not necessarily happening to people in consulting companies, they happen to anyone whose 140 was revoked.
Therefore, as some one is mentioned that, an approved immigrant visa pettion should be always available at the time of issuing GC. That is also a law. This law also need to be met at the time of approval of 485. Therfore AC21 and requirement for availability of approved 140 is two different and counteracting issues.
In practical situation, the employee has no control over 140 in any stage as it is employer's petition. Therefore, if employee leaves the job as per the AC21 law, employer verywell withdraw the 140 even after 180 days of 485 pending and create a situation of unavailability of approved immigrat visa petion for the employee. Therefore, in the final regulation they will make a rule that favours the employee, if everything was bonafide. It is like a aboundened spouse in family catagory.
I think, USCIS is currently taking the tough standard to weed out the consulting compaines (to put a leash on GC factories/body shoppers), as they are the one mostly abusing the EB system. Only those people working in GC factories need to worry. It may be mainly due the current economic situation. I feel thats why they are delaying the regulation. Others need not worry.
Well, 485 denials on ac21 where 140 was revoked has always been happening.
Your interpretation might be right about consulting companies but these denials not necessarily happening to people in consulting companies, they happen to anyone whose 140 was revoked.
wallpaper JOHNNY Depp has opened up
nlssubbu
11-09 07:24 PM
Pros of using H1B:
1. If I-485 denied or having issues in getting approved, then you can still continue with your H1B and have peace of mind.
2. You can bring your spouse / dependents using H4
3. Getting Driving License renewal up to the duration of H1 is not a problem.
4. Can renew in 3 years time period after I-140 approval and can avoid frequent renewal of EAD hassle.
5. EAD renewal every year is expensive and can save money!
Pros of using EAD:
1. Can get a job where the company is not willing to sponsor.
2. Can save H1B time and can be used in future, if needed. [I read about this some time back and users need to check regarding it's validity]
3. Can change companies without any documentation using AC21. [USCIS don’t ask don’t tell policy?]
Please add in appropriate category, if I missed any information.
My 2 cents!
1. If I-485 denied or having issues in getting approved, then you can still continue with your H1B and have peace of mind.
2. You can bring your spouse / dependents using H4
3. Getting Driving License renewal up to the duration of H1 is not a problem.
4. Can renew in 3 years time period after I-140 approval and can avoid frequent renewal of EAD hassle.
5. EAD renewal every year is expensive and can save money!
Pros of using EAD:
1. Can get a job where the company is not willing to sponsor.
2. Can save H1B time and can be used in future, if needed. [I read about this some time back and users need to check regarding it's validity]
3. Can change companies without any documentation using AC21. [USCIS don’t ask don’t tell policy?]
Please add in appropriate category, if I missed any information.
My 2 cents!
mpadapa
09-24 12:01 PM
This fellow who wrote this might be one of those arm chair critics who just criticizes everything if it doesn't favor that individual. What a moron. I am sure this fellow is clueless about how much effort is put into to make a legislation.
There has been lot of work done by many IV volunteers just to get a bill introduced. It is so stupid just to trash talk the efforts put in by the selfless IV volunteers.
All IV members has to be proud that we have been able to get a bill that addresses the GC backlogs. Hey one year back lawmakers were clueless about EB GC issues. Now majority of the lawmakers atleast have an understanding about EB GC issues. It is a matter of time before we succeed.
The easiest guage for the success of the IV efforts is to see the response U get from the lawmakers when U write to them about GC issues. Earlier U used to get a generic reply about undocumented workers and broken borders, nowadays U would be getting replies that talk about EB immigration. Isn't that an achievement. As a professional aren't U proud that U are give the respect U deserve rather than getting clubbed with undocumented workers. Ask for U'r self?
http://boards.immigration.com/showthread.php?t=286606 :mad::mad:
There has been lot of work done by many IV volunteers just to get a bill introduced. It is so stupid just to trash talk the efforts put in by the selfless IV volunteers.
All IV members has to be proud that we have been able to get a bill that addresses the GC backlogs. Hey one year back lawmakers were clueless about EB GC issues. Now majority of the lawmakers atleast have an understanding about EB GC issues. It is a matter of time before we succeed.
The easiest guage for the success of the IV efforts is to see the response U get from the lawmakers when U write to them about GC issues. Earlier U used to get a generic reply about undocumented workers and broken borders, nowadays U would be getting replies that talk about EB immigration. Isn't that an achievement. As a professional aren't U proud that U are give the respect U deserve rather than getting clubbed with undocumented workers. Ask for U'r self?
http://boards.immigration.com/showthread.php?t=286606 :mad::mad:
2011 Paradis with their kids lily
reddog
08-12 12:00 PM
done. thx for the poll.
more...
Hassan11
03-13 03:39 PM
;) he/she must have some amazing programming skills. thi should show USCIS that they need to keep people with these skills in the US and give them GCs asap.
Thank you for posting.... But how did you find this link?
Thank you for posting.... But how did you find this link?
Vexir
06-01 12:24 PM
:lol: Got me beat mwc... I wish I could get that as a real skin :P
more...
ujjvalkoul
05-24 01:34 PM
Guys , I want to setup a poll for finding out how many of us would leave US if this bill passes w/o our provisions....how to setup a poll ...can some one set it up..
2010 Johnny Depp#39;s engagement shop
vikki76
10-27 11:50 AM
First. congrats alterego- 4 yrs after 485 filing is a long long time to go.:eek:
Not that I know of. There are two 140 but both have AOS option - Is it normal that 140 application goes back to USCIS office ? AFAIK, there is nothing wrong with my 140 application . It is st. B.Tech+ MS+2 yrs type of case with permanent job (no consulting)
Not that I know of. There are two 140 but both have AOS option - Is it normal that 140 application goes back to USCIS office ? AFAIK, there is nothing wrong with my 140 application . It is st. B.Tech+ MS+2 yrs type of case with permanent job (no consulting)
more...
Raju
07-19 04:09 PM
Yes IV members and other EB folks who are/will benefit(ing) from this are indebted big time to Aman and IV core. Com'on guys this fellow sold his house and spends a good chuck of his time for a selfless cause. IV core can sit on a couch like you and me watch TV, spend time with their family and not bother about contributing a penny. The least we could do is support them.
hair JOHNNY Depp takes a childish
baladev
07-15 03:41 AM
Me and my couple of other friends singed just now. But my question, is this petition enough to fire this guy or atleast anyaction wub be taken againt this guy by CNN......i doubt
more...
sriwaitingforgc
06-11 04:54 PM
finished calling all the reps. Lets hope these bills get passed.
SRK.
SRK.
hot Johnny Depp
a1b2c3
05-07 09:26 PM
congratulations!
when did you apply, how soon you got it? what did it involve? are there backlogs? you plan on sponsoring your family?
most answers are already around, thanks to stuckinmuck, but it never hurts to get it from the horse's mouth.
when did you apply, how soon you got it? what did it involve? are there backlogs? you plan on sponsoring your family?
most answers are already around, thanks to stuckinmuck, but it never hurts to get it from the horse's mouth.
more...
house Johnny Depp feels like having
msp1976
02-13 03:22 PM
Logiclife...
Thank you for the update....
Thank you for the update....
tattoo Johnny Depp chooses his movie
jthomas
05-08 10:29 PM
Congrats desi3933.
Start applying for a job. A better keyword would be "US citizen + <your field of interest>.
Find a job for Citizen only and enjoy life.
Start applying for a job. A better keyword would be "US citizen + <your field of interest>.
Find a job for Citizen only and enjoy life.
more...
pictures LINKS | JOHNNY DEPP
PlainSpeak
04-19 08:19 AM
That is one more guy in front of me who is gone from the line enabling me to be closer to the GC dispensing window :D
dresses Brad amp; Angelina#39;s kids play
desi3933
01-28 04:53 PM
...If USCIS memo contradicts INA, INA prevails.
I agree with you. Only court can decide whether this memo has incorrect interpretation of INA laws or not. Until then, this memo is valid.
__________________
Not a legal advice.
I agree with you. Only court can decide whether this memo has incorrect interpretation of INA laws or not. Until then, this memo is valid.
__________________
Not a legal advice.
more...
makeup vanessa paradise 090308
go_guy123
01-29 05:14 PM
I am no expert on this but if labor substitution is eliminated it will remove anywhere from 30 to 50% of labor cleared from BEC. I know a lot of people who have applied for labor 2 to 3 times, they applied for a new labor every time they went to a new employer. It is these extra labor certifications that are being sold
Its a good thing....these old labors are now selling 10K upwards
Its a good thing....these old labors are now selling 10K upwards
girlfriend Depp, whose partner Vanessa
Sleepless_in_Seattle
07-20 01:27 PM
Hi Guys,
Consider a scenario:
One goes back to native country, Europe or somewhere else while GC is in process.
Comes back after one year with new organization and files for new labor, I-140 etc.
Will the person have his / her PD from the previous labor / I-140?
May be I am talking something stupid, but just came to my mind.
Consider a scenario:
One goes back to native country, Europe or somewhere else while GC is in process.
Comes back after one year with new organization and files for new labor, I-140 etc.
Will the person have his / her PD from the previous labor / I-140?
May be I am talking something stupid, but just came to my mind.
hairstyles JOHNNY Depp felt like a
kubmilegaGC
09-18 09:59 PM
To Can2004, kubmilegagc, adobe howm, sriswam, MerciesOfInjustices
Seeing your postings gives me hope of getting GC this time.
Irritated with the lack of transparency and pathetic Customer service.
Created SR :- std reply blah blah.. under review..wait for 60 days.
Twice talked to IO :- First time response.. we are working on your case..
second response :- As per our info on my screen, it is not yet assigned to IO and neither pre-adjudicated. One person says one thing and another says another thing. I do not know what screen they are looking and how they are pulling info. What is the point of puting CSR if they have half baked info or worse no info on where the case is.
Have infopass appt late next week. Guess another garbage collecton day..:-)
I responded in our ever favorire sept 2009 thread...please read there some of my comments..
@cali - how are you doing buddy? doing alright?
Seeing your postings gives me hope of getting GC this time.
Irritated with the lack of transparency and pathetic Customer service.
Created SR :- std reply blah blah.. under review..wait for 60 days.
Twice talked to IO :- First time response.. we are working on your case..
second response :- As per our info on my screen, it is not yet assigned to IO and neither pre-adjudicated. One person says one thing and another says another thing. I do not know what screen they are looking and how they are pulling info. What is the point of puting CSR if they have half baked info or worse no info on where the case is.
Have infopass appt late next week. Guess another garbage collecton day..:-)
I responded in our ever favorire sept 2009 thread...please read there some of my comments..
@cali - how are you doing buddy? doing alright?
seekerofpeace
09-14 11:48 PM
Why was there not a choice for luck or fate.........
SDRBLR,
How did you send an email to TSC streamline? My case is at TSC and we are half done...primary approved and dependent pending...told biometrics issue by lawyer thru AILA but as far as these forums go biometrics don't hold an approval otherwise I won't have been approved. i guess we carry the curse of transfered cases...mine was TSC-CSC-TSC
Thanks,
SoP
SDRBLR,
How did you send an email to TSC streamline? My case is at TSC and we are half done...primary approved and dependent pending...told biometrics issue by lawyer thru AILA but as far as these forums go biometrics don't hold an approval otherwise I won't have been approved. i guess we carry the curse of transfered cases...mine was TSC-CSC-TSC
Thanks,
SoP
jetflyer
06-13 04:23 PM
EB3 I is still very unfortunate... I guess this is how the melting pot works... correct me if I am wrong.
Out of 140K Visas 7%= 9800 is assigned to India (All Categories)
Out of 9800 - First EB1 then left over EB2 and Then leftover to EB3 :(
From over all left over of 140K - First EB1 then left over EB2 and Then leftover to EB3 (all other countries) - Left over (EB3 China) - Left over to (EB3 India) :(
EB3 India is lowest on the FOOD Chain!!!
EB3 India is not unlucky but thats the default category for any one to apply when they or job doesn't let them go for Eb1/2.
So the obvious reason is:
when we have brand new lot of 85K H1s most of them apply for Eb3, and big chuck is Indian (no 7% cap here), but regardless of category, if 85k applies for GC, with one dependent it counts 130k.
And for GC allocation we have country cap which is ONLY 7% when we have 70% applicants. Do the math, 85000*.7*2= 119000 applicants for GC from India each year and they are entitled for 140000*.07=9800 and now lets say with all favors from ROW and EB1 we got double say about 20,000 still there is a back log of about 100K each year.
Thats assuming everybody applies for GC out of 85K H1 stock.
Based on this I don't see EB3 to become FIFO or backlogless because the system is not balanced,
# of ppl coming on H1 each year * xfactor = #of GC given to EB each year
Out of 140K Visas 7%= 9800 is assigned to India (All Categories)
Out of 9800 - First EB1 then left over EB2 and Then leftover to EB3 :(
From over all left over of 140K - First EB1 then left over EB2 and Then leftover to EB3 (all other countries) - Left over (EB3 China) - Left over to (EB3 India) :(
EB3 India is lowest on the FOOD Chain!!!
EB3 India is not unlucky but thats the default category for any one to apply when they or job doesn't let them go for Eb1/2.
So the obvious reason is:
when we have brand new lot of 85K H1s most of them apply for Eb3, and big chuck is Indian (no 7% cap here), but regardless of category, if 85k applies for GC, with one dependent it counts 130k.
And for GC allocation we have country cap which is ONLY 7% when we have 70% applicants. Do the math, 85000*.7*2= 119000 applicants for GC from India each year and they are entitled for 140000*.07=9800 and now lets say with all favors from ROW and EB1 we got double say about 20,000 still there is a back log of about 100K each year.
Thats assuming everybody applies for GC out of 85K H1 stock.
Based on this I don't see EB3 to become FIFO or backlogless because the system is not balanced,
# of ppl coming on H1 each year * xfactor = #of GC given to EB each year
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