wahwah
06-05 06:43 PM
i think this is just another interim or supplemental memo. Oh's website says that the rule making agenda for ac21 has been pushed out until next year.
About 2 weeks back Murthy posted an article in it's bulletin "new AC-21 regulations expected soon" http://www.murthy.com/mb_pdf/050208_P.html which i believe was a result of some discussions USCIS had with AILA?
Now is this new AC-21 memo released today the one being referred to in the above mentioned Murthy bulletin? OR i should still hold my breath for more AC-21 changes coming from USCIS, so they can jeopardize status of people by changing their interpretation of laws every now and then? Anyone?
About 2 weeks back Murthy posted an article in it's bulletin "new AC-21 regulations expected soon" http://www.murthy.com/mb_pdf/050208_P.html which i believe was a result of some discussions USCIS had with AILA?
Now is this new AC-21 memo released today the one being referred to in the above mentioned Murthy bulletin? OR i should still hold my breath for more AC-21 changes coming from USCIS, so they can jeopardize status of people by changing their interpretation of laws every now and then? Anyone?
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seahawks
08-10 10:16 PM
LS is not illegal until the employers sell the labor. LS is legal channel where in employer fill the position with somebody else, if primary applicant it not available for some reason.
But some employers are exploiting the law and selling it. This is ILLEGAL. I agree with that LS is LEGAL until it goes in a legal way. But selling or getting other benefits/gifts from the employee is completely ILLEGAL.
Since USCIS cannot find who is selling and who is not selling, they banned it. It is a good move from USCIS, but it is too late. Too many got like this and enjoying the benefits leaving other poor souls who are waiting in line from years.
I had a friend who came here after me, say I think in 2001, he got laid off and had gaps in his employment, he married this girl who joined a company head quartered in IOWA, the payroll stubs used to be in excel sheets. He was probably in the point where if we went to India, they would not have let him come back on H1. They paid 10K to get LS (adjusted through employment for 1 year) and when I-140 and 485 were being allowed for consecutive filing I believe Dec2004, filed it. He called me a month back saying they got their physical card. His PD date somewhere 2004 EB3. My PD March 21 2003, am I frustrated of course, but I am frustrated with the system that has loop holes, as pointed out there are hundred of people who have legitimately used LS.. there is no point losing sleep over it.
The need of the hour is this, to be together and fight together, not among each other. IV does not differentiate between LS and non LS, or degrees or anyone's individual cases or scenarios. IV's goal is very simple, GC process should not take more that 2 years and anything that reduces the total time frame, that is what IV stands for. Time is key, lost time cannot be regained, what is in for is now and the future, lets stick together and think about how we can help IV meet this goal, that none of us should be waiting many many more years to come. Can we all agree on this and go forward please?
Thanks and appreciate everyone's understanding.
But some employers are exploiting the law and selling it. This is ILLEGAL. I agree with that LS is LEGAL until it goes in a legal way. But selling or getting other benefits/gifts from the employee is completely ILLEGAL.
Since USCIS cannot find who is selling and who is not selling, they banned it. It is a good move from USCIS, but it is too late. Too many got like this and enjoying the benefits leaving other poor souls who are waiting in line from years.
I had a friend who came here after me, say I think in 2001, he got laid off and had gaps in his employment, he married this girl who joined a company head quartered in IOWA, the payroll stubs used to be in excel sheets. He was probably in the point where if we went to India, they would not have let him come back on H1. They paid 10K to get LS (adjusted through employment for 1 year) and when I-140 and 485 were being allowed for consecutive filing I believe Dec2004, filed it. He called me a month back saying they got their physical card. His PD date somewhere 2004 EB3. My PD March 21 2003, am I frustrated of course, but I am frustrated with the system that has loop holes, as pointed out there are hundred of people who have legitimately used LS.. there is no point losing sleep over it.
The need of the hour is this, to be together and fight together, not among each other. IV does not differentiate between LS and non LS, or degrees or anyone's individual cases or scenarios. IV's goal is very simple, GC process should not take more that 2 years and anything that reduces the total time frame, that is what IV stands for. Time is key, lost time cannot be regained, what is in for is now and the future, lets stick together and think about how we can help IV meet this goal, that none of us should be waiting many many more years to come. Can we all agree on this and go forward please?
Thanks and appreciate everyone's understanding.
Sheila Danzig
12-04 10:49 AM
EB2 cannot combine education or work experience. It must show a single source degree.
Note the following information from the 2006 annual conference of the American Immigration Lawyers Association (AILA) in San Antonio, Texas. "For employment-based immigrant visa purposes (aka green card), the U.S. Citizenship and Immigration Services (USCIS) will not equate a three-year diploma plus a post-baccalaureate diploma as being the equivalent of a U.S. Bachelor's Degree for either EB-2 or EB-3 classification. Additionally, the USCIS does not accept a combination of academic background and work experience as being the equivalent of a U.S. Bachelor's Degree for "green card" purposes"
This can be done for EB3 IF it was stated on the labor certificate.
Santa,
Thanks for your response.
Education evaluation was not done for bachelors because the Labor only required masters. My attorney is planning to use 2 years of my experience to compensate for the additional 1 year of bachelors degree
H1Girl,
Thanks for your response.
Even my attorney says the argument of USCIS could be "building blocks" argument i.e. In US, for masters, 4 year bachelors is required. But, I only have a 3 year bachelor degree.
Note the following information from the 2006 annual conference of the American Immigration Lawyers Association (AILA) in San Antonio, Texas. "For employment-based immigrant visa purposes (aka green card), the U.S. Citizenship and Immigration Services (USCIS) will not equate a three-year diploma plus a post-baccalaureate diploma as being the equivalent of a U.S. Bachelor's Degree for either EB-2 or EB-3 classification. Additionally, the USCIS does not accept a combination of academic background and work experience as being the equivalent of a U.S. Bachelor's Degree for "green card" purposes"
This can be done for EB3 IF it was stated on the labor certificate.
Santa,
Thanks for your response.
Education evaluation was not done for bachelors because the Labor only required masters. My attorney is planning to use 2 years of my experience to compensate for the additional 1 year of bachelors degree
H1Girl,
Thanks for your response.
Even my attorney says the argument of USCIS could be "building blocks" argument i.e. In US, for masters, 4 year bachelors is required. But, I only have a 3 year bachelor degree.
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Sheila Danzig
04-21 07:54 PM
was it EB2 or EB3?
It was EB2. The vast majority of the CA's we show equivalent to a US bachelor's degree. However in this case since it is officially recognized as a PGD a professor felt it was equivalent to a US masters and USCIS agreed. As a rule I would say CA=BA + 5 years work exp is a better way to go for EB2.
It was EB2. The vast majority of the CA's we show equivalent to a US bachelor's degree. However in this case since it is officially recognized as a PGD a professor felt it was equivalent to a US masters and USCIS agreed. As a rule I would say CA=BA + 5 years work exp is a better way to go for EB2.
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undertaker
05-17 06:26 AM
What is the white man's (Europeans and others) visa to America then? I don't see any other ways people can come here on the same conditions as the H-1B visa.
Lol, it happens to be no visa!Most Europeans don't need a visa to get in this country and if they want to, they just stay back.....since they are are the same color as the majority they do not caste doubts or suspicions as much as the 'brown man' does....I don't think the majority of European immigrants to America came with any papers whatsoever......and lets not forget that before '65 race-based immigration was the policy.
Lol, it happens to be no visa!Most Europeans don't need a visa to get in this country and if they want to, they just stay back.....since they are are the same color as the majority they do not caste doubts or suspicions as much as the 'brown man' does....I don't think the majority of European immigrants to America came with any papers whatsoever......and lets not forget that before '65 race-based immigration was the policy.
gsc999
11-10 11:46 AM
Filed July 18th, no FP yet
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jgh_res
10-10 12:41 PM
I wish they invested in R and D and innovation and products instead of services. Service industry is mainly governed by dealing with cost efficient labor. These companies reach out to IITs IIMs get the best and brightest and dump them into the service sector and start earning on them.
If they changed their business modal and started investing in products and Rand D, it may not give them quick money, but the results will be beneficial on the long run.
I am not sure how much R & D is going on in india, but Adobe filed lots of patents from Adobe, india.
If they changed their business modal and started investing in products and Rand D, it may not give them quick money, but the results will be beneficial on the long run.
I am not sure how much R & D is going on in india, but Adobe filed lots of patents from Adobe, india.
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lazycis
02-28 12:51 PM
I did not understand 'are not outside of processing time'. Can you please explain in detail.
My other thought is for July 2007 485 filer, 180 days is already completed. Assume the namecheck started on Aug 2007....
NSC is curretly processing EB I-485 cases filed before July 30, 2007. TSC - cases filed before April 10, 2007. So according to the USCIS policy: "If at any point your case should become more than 30 days outside our normal processing time, and you haven't received a written decision or update from us within the last 60 days, you can help us by calling customer service and letting us know. We will research your case, see what needs to be done to get it processed, and get back to you with an explanation."
I.e. NSC cases filed before July 1st are considered outside of processing time. The USCIS explains it in the latest name check FAQ posted today.
My other thought is for July 2007 485 filer, 180 days is already completed. Assume the namecheck started on Aug 2007....
NSC is curretly processing EB I-485 cases filed before July 30, 2007. TSC - cases filed before April 10, 2007. So according to the USCIS policy: "If at any point your case should become more than 30 days outside our normal processing time, and you haven't received a written decision or update from us within the last 60 days, you can help us by calling customer service and letting us know. We will research your case, see what needs to be done to get it processed, and get back to you with an explanation."
I.e. NSC cases filed before July 1st are considered outside of processing time. The USCIS explains it in the latest name check FAQ posted today.
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Bthram
06-06 12:26 AM
My manager surprised me today saying that I was promoted yesterday from a programmer analyst to a systems analyst. I have an approved i-140 and have filed my 485. My priority date for EB3 is current. I also have a 3 year extension of H1B.
There is no change in the job responsibilities.
Question:
1. How soon should I file my AC21 request?
2. What is the impact of this promotion on my H1B?
3. I have waited for 7 years and I may be close to getting my Green Card. How does the AC 21 impact my pending 485?
I declined my promotion. My manager said that it would take a lot of effort to unwind this promotion. He was not pleased with my request.
Any ideas?
There is no change in the job responsibilities.
Question:
1. How soon should I file my AC21 request?
2. What is the impact of this promotion on my H1B?
3. I have waited for 7 years and I may be close to getting my Green Card. How does the AC 21 impact my pending 485?
I declined my promotion. My manager said that it would take a lot of effort to unwind this promotion. He was not pleased with my request.
Any ideas?
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Openarms
06-05 11:36 AM
That post was intended towards EB3 category, particularly EB3-India. Ever since starting of this Fiscal Year there are very few EB3-India approvals (Can anybody dispute that?). So how come USCIS used up all the visas already?? Most of the guys here always talk about EB2-India which is not highly effected category in the first place. We suppose to be taking care of effected categories.
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pmb76
01-06 02:57 AM
singhsa, Your friend just has to pray for Mitt Romney to be president who may solve his problem :D
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Brightsider
08-30 11:53 AM
International students come on F1 visa and get instate tuition fee from state universities. Our kids are on H4s so that will not qualify them to attend undergraduate in state schools? Is F1 required to get instate tuition fee? I am not understanding the situation here. Please somebody clarify if possible.
F-1 students do not enjoy any more privileges than H-4 applicants. In fact, you may like to check with the university authorities, for H-4 students pay in-state tuition if other requirements are fulfilled. Things like residency for a period of time, employment of guardians, etc.
To my knowledge, F-1 students do not qualify for in-state tuition at all. They can apply for a minuscule number of tuition waivers on grounds of economic hardship, academic performance and the like. However, the situation may vary from univ to univ and state to state. My knowledge is limited to Georgia, and specifically Georgia Tech, GSU and UGA
F-1 students do not enjoy any more privileges than H-4 applicants. In fact, you may like to check with the university authorities, for H-4 students pay in-state tuition if other requirements are fulfilled. Things like residency for a period of time, employment of guardians, etc.
To my knowledge, F-1 students do not qualify for in-state tuition at all. They can apply for a minuscule number of tuition waivers on grounds of economic hardship, academic performance and the like. However, the situation may vary from univ to univ and state to state. My knowledge is limited to Georgia, and specifically Georgia Tech, GSU and UGA
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gianik
05-25 10:37 AM
Jaime - thanks for your post. I am looking for as much info as I can get. I hear all kinds of thing about Canada ranging from very positive to very depressing.
Could you please clarify what you mean by "it took just over a week". For most of my friends that applied while in US it took about 7-9 month to recieve the appraval to enter. For one guy it took 5 month. By this I mean the time betweent when they sent the application and received final approval.
One more thing. Tere is so much talk about "low" wages, and I presume people are comparing in absolute terms with US wages. Are wages really low in relative terms to the cost of living or can you live decently and also be able to afford some travel and leisure?
Thanks
Could you please clarify what you mean by "it took just over a week". For most of my friends that applied while in US it took about 7-9 month to recieve the appraval to enter. For one guy it took 5 month. By this I mean the time betweent when they sent the application and received final approval.
One more thing. Tere is so much talk about "low" wages, and I presume people are comparing in absolute terms with US wages. Are wages really low in relative terms to the cost of living or can you live decently and also be able to afford some travel and leisure?
Thanks
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sats123
04-01 03:39 PM
I faxed to AZ senators
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msyedy
05-22 03:04 PM
I wonder what our children and grandchildren will learn from all these. When they grow up and know that their parents had to go through this mess while waiting to be accepted legally for xxxx number of years and some people got the "grand reward" of being illegal for many years!! These CIRcus operators will be responsible for the loss of "very little" moral left in this country. GOD BLESS AMERICA.
They are saying that all those people who were illegal before 1st of Jan 2007 are eligible for Z visa. We all are currently in legal status.
They are saying that all those people who were illegal before 1st of Jan 2007 are eligible for Z visa. We all are currently in legal status.
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ragz4u
03-16 03:59 PM
I did read it, and I really hope that something happen this year. The OC magazine is very focused on Immigration, like the AZ Central.
Here's a link to his website
http://frist.senate.gov/index.cfm?FuseAction=PressReleases.Detail&PressRelease_id=2306
I have a feeling it will have some pro-immigrant stuff too....the next 10 days are going to be very interesting
Text of Bill Frist's statement below
March 16th, 2006 - WASHINGTON, D.C. � U.S. Senate Majority Leader Bill Frist, M.D. (R-TN) today announced his intention to introduce a border security bill before the recess to ensure the Senate has a border security bill ready for debate during the week of March 27:
�Our country needs security at our borders in order to slow the flow of illegal immigration and make America safer from foreign criminals and terrorists. That�s why today I will introduce a border security bill, to guarantee the Senate will have legislation available for consideration the week of March 27.
�This bill will be based on the consensus enforcement, visa reform and immigration litigation reform titles of Chairman Specter�s mark-up of border security legislation and focus on ensuring strict enforcement of our nation�s immigration laws. I look forward to bringing a border security bill to the floor during the week of March 27 and allowing the full Senate to start work on border security and interior law enforcement, as well as comprehensive immigration reform, so that America is more secure and our constituents are safer. It is my hope that the Judiciary Committee will be able to report a bill we can bring to the floor that meets these objectives. As a country of immigrants who respect the rule of law, I expect us to honor those heritages as this debate unfolds.�
Here's a link to his website
http://frist.senate.gov/index.cfm?FuseAction=PressReleases.Detail&PressRelease_id=2306
I have a feeling it will have some pro-immigrant stuff too....the next 10 days are going to be very interesting
Text of Bill Frist's statement below
March 16th, 2006 - WASHINGTON, D.C. � U.S. Senate Majority Leader Bill Frist, M.D. (R-TN) today announced his intention to introduce a border security bill before the recess to ensure the Senate has a border security bill ready for debate during the week of March 27:
�Our country needs security at our borders in order to slow the flow of illegal immigration and make America safer from foreign criminals and terrorists. That�s why today I will introduce a border security bill, to guarantee the Senate will have legislation available for consideration the week of March 27.
�This bill will be based on the consensus enforcement, visa reform and immigration litigation reform titles of Chairman Specter�s mark-up of border security legislation and focus on ensuring strict enforcement of our nation�s immigration laws. I look forward to bringing a border security bill to the floor during the week of March 27 and allowing the full Senate to start work on border security and interior law enforcement, as well as comprehensive immigration reform, so that America is more secure and our constituents are safer. It is my hope that the Judiciary Committee will be able to report a bill we can bring to the floor that meets these objectives. As a country of immigrants who respect the rule of law, I expect us to honor those heritages as this debate unfolds.�
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BharatPremi
03-25 08:59 AM
I would highly appreciate the responses from the guys who have done this.
Thanks.
Thanks.
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alterego
02-27 04:42 PM
This cannot happen. Let me tell you why.
If this is allowed, every FB applicant who basically is also waiting for a number to complete consular processing would want the same benefits and this could not be accomodated.
CP was good at the time when you could get it processed and get a green card quicker, it would have had to be a carefully planned decision. Now once the choice is made, requesting derivative benefits of AOS would not work. It was always involving that risk.
If this is allowed, every FB applicant who basically is also waiting for a number to complete consular processing would want the same benefits and this could not be accomodated.
CP was good at the time when you could get it processed and get a green card quicker, it would have had to be a carefully planned decision. Now once the choice is made, requesting derivative benefits of AOS would not work. It was always involving that risk.
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BarneySha
07-29 10:36 AM
e-filed: May 15, 2008
FP: June 12, 2008
Approved: July 22, 2008
Cards recvd: July 28, 2008
Validity: July 22 2008 - July 21, 2010
(current EAD expires Sept 15, 2008. As previous poster said - lost 2 months but got 2 yr approval instead! so am happy about that!)
I140 - Approved
EB3-I
FP: June 12, 2008
Approved: July 22, 2008
Cards recvd: July 28, 2008
Validity: July 22 2008 - July 21, 2010
(current EAD expires Sept 15, 2008. As previous poster said - lost 2 months but got 2 yr approval instead! so am happy about that!)
I140 - Approved
EB3-I
kode
02-03 06:22 PM
lol .. it's true !! :P
i didn't see it before .. :crazy:
i didn't see it before .. :crazy:
espoir
07-10 08:36 AM
Media is a double edge sword. Lets not jump or resort into these activities and hurt IV agenda. Media can spin things around and you will be aghast at what is reported and what the truth is. We are not completely done with flower campaign. In my opinion it has now gained momentum and we have to make sure media presents our cause in a right way. And that we get a positive coverage.
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