schandra
11-24 04:50 PM
Same here too
Stuck in EB3 though - I-140 Denied in Aug 2008 and filed an Appeal.
And to make it worse, no time left in H1 either, as I have been here since 2001.
Is there any alternative to this?
As in, can we apply for another I-140 while the appeal is still going on?
I seached in the AAO decisions website and the signs are not very encouraging. attached link has Jul 30 2009 decision in regards to 3 yr bachelor with diploma. I am seeing a lot of these.
http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jul302009_07B6203.pdf
Is there nothing we can do to tackle this situation?
I would REALLY appreciate if you anyone can provide more info or share their experiences, provide an opinion, ANYTHING.
Thanks
Subbu
Stuck in EB3 though - I-140 Denied in Aug 2008 and filed an Appeal.
And to make it worse, no time left in H1 either, as I have been here since 2001.
Is there any alternative to this?
As in, can we apply for another I-140 while the appeal is still going on?
I seached in the AAO decisions website and the signs are not very encouraging. attached link has Jul 30 2009 decision in regards to 3 yr bachelor with diploma. I am seeing a lot of these.
http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jul302009_07B6203.pdf
Is there nothing we can do to tackle this situation?
I would REALLY appreciate if you anyone can provide more info or share their experiences, provide an opinion, ANYTHING.
Thanks
Subbu
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shana04
02-07 04:18 PM
Thanks for all the responses. Yes, I am planning to move before my I-485 is approved (with current retrogession my EB2 PD of 05 may need another 3-4 years to get current unless there is a change in the rules). Infact I am changing jobs next month. What I am worried about is when I give notice my current employer will sure bring up this agreement and might ask me to repay. I will try to convince/negotiate in my own way and try to settle amicably. But if does not happen I am worried about what the employer can do with this agreement - since the exact wording in the agreement says that I have to stay at the employer for 2 years after the approval of permanent residence application. I am trying to find the legal definitionof "approval of permanent residency application" - my interpretation is approval of I485. I will try to reason that my "permanent residency" application is not yet approved and will try to repay some reasonable amount. Hope it works.
For others wondering why I am worried so much - the agreement simply says that all expenses incurred including fees, lawyer charges, other administrative/misc expenses. It worded so vaguely (I know I shoud not have signed) they can throw any bill at me.
I already sent resignation notice to employer and he started sending warning mails and he is in a process of revoking I 140. Who cares. I used to worry a lot, but not any more. I know the cost associated with AC21. like chaning attorneys, if using H1 then H1 cost and moving jobs, places is a lot. But why to stay with an employer who does not care our values.
Do not worry.
And Finallly good luck to you.
For others wondering why I am worried so much - the agreement simply says that all expenses incurred including fees, lawyer charges, other administrative/misc expenses. It worded so vaguely (I know I shoud not have signed) they can throw any bill at me.
I already sent resignation notice to employer and he started sending warning mails and he is in a process of revoking I 140. Who cares. I used to worry a lot, but not any more. I know the cost associated with AC21. like chaning attorneys, if using H1 then H1 cost and moving jobs, places is a lot. But why to stay with an employer who does not care our values.
Do not worry.
And Finallly good luck to you.
imv116
06-06 05:26 PM
Hi,
I have some questions in regard to using AC21.
Using AC21, what are the risks involved with I140, provided it is:
1. Already approved and more than 180 days after filling I485?
2. New job/position is “same or similar” as mentioned in I140?
Situation:
1. Employer wants to revoke the I140 or in way threatens
2. Can I have the freedom to change employer, provided I have a “same or similar” position and I timely file AC21 with new employment details.
Also, with links to a MEMO from USCIS dated August 4, 2003. Are there any updates to that memo?
http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
http://www.murthy.com/news/UDportme.html
Please give your suggestions
Thanks All,
IMV116
I have some questions in regard to using AC21.
Using AC21, what are the risks involved with I140, provided it is:
1. Already approved and more than 180 days after filling I485?
2. New job/position is “same or similar” as mentioned in I140?
Situation:
1. Employer wants to revoke the I140 or in way threatens
2. Can I have the freedom to change employer, provided I have a “same or similar” position and I timely file AC21 with new employment details.
Also, with links to a MEMO from USCIS dated August 4, 2003. Are there any updates to that memo?
http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
http://www.murthy.com/news/UDportme.html
Please give your suggestions
Thanks All,
IMV116
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reddymjm
03-09 03:05 PM
Waiting on mine to get fwded to my new address.
more...
h1techSlave
04-04 09:16 PM
I think most of the HR folks may not know what is an EAD. So they may fear EAD is some kind of illegal thingie and deny job. It is best to just say I am authorized work in the US and no further explanation need to be given.
Today at Boeing interview event I got very good offer. The HR lady congratulated me, kept offer letter in my hand. Then I told her that I'm an EAD holder. All my fear came true, and she said a big sorry and said EAD is not acceptable at any cost. Also she said, she can keep the offer in hold for me for 5 months. How can I expect green card in hand in 5 months. GOD don't give this situation to any one. just trying to reduce my pain here...
Today at Boeing interview event I got very good offer. The HR lady congratulated me, kept offer letter in my hand. Then I told her that I'm an EAD holder. All my fear came true, and she said a big sorry and said EAD is not acceptable at any cost. Also she said, she can keep the offer in hold for me for 5 months. How can I expect green card in hand in 5 months. GOD don't give this situation to any one. just trying to reduce my pain here...
Nagireddi
07-16 04:53 PM
Admin :
This kind of question should be banned. You should have some self-respect and show the same towards your native country. If you know you can do it, whats the point of making it public. Go get it done. Are you asking IV to pay the sum on your behalf also ?
I agree with you strongly, with microfrost. I have heard people talking about their country men are stupid, driving on the wrong side and bla bla...... Comeon guys have some self respect and watch out, when you speak.
Somebody gave you red, I just turnred it to green.
This kind of question should be banned. You should have some self-respect and show the same towards your native country. If you know you can do it, whats the point of making it public. Go get it done. Are you asking IV to pay the sum on your behalf also ?
I agree with you strongly, with microfrost. I have heard people talking about their country men are stupid, driving on the wrong side and bla bla...... Comeon guys have some self respect and watch out, when you speak.
Somebody gave you red, I just turnred it to green.
more...
shx
03-31 06:14 PM
Its almost common knowledge that most of L1s are given to rank and file employees. Out of all the L1 people that I know, there's not even one that can be said to possess specialized knowledge. I'm sure there are a few legitimate L1 cases.
Don't give me this divide and conquer crap. A loophole is a loophole and it needs to be plugged, be it H1 or L1.
Don't give me this divide and conquer crap. A loophole is a loophole and it needs to be plugged, be it H1 or L1.
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hojo
09-04 06:03 PM
very nice picture, dan is the man =)
more...
antihero
11-27 12:36 AM
If we have an AP, then do we still require a transit visa?
I am thinking of traveling by qatar airlines. I believe they dont have any transit visa requirement.
I am thinking of traveling by qatar airlines. I believe they dont have any transit visa requirement.
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fromnaija
10-09 11:52 AM
I initially volunteered to steer the Arizona chapter but my job schedule has changed so much and now involves a lot of in-country and overseas traveling. Would someone please lead this chapter? I will attend any of the chapter activities whenever I am in the country.
more...
pan123
08-31 10:10 AM
Based on my reading, I interpret that it's not final. They have engaged USCIS in that conversation, but no final rule has been released. By the time rule is released, probably I will have my EAD.
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smuggymba
10-20 05:49 PM
you said u file ITIN for tax needs - why did u apply for job dude. ITIN doesn't get u a job. H4 can't work in USA...as simple as that. Hire a good lawyer and tax consultant.
Hello! I'm on H1B, and my spouse is on H4. We received an ITIN for my spouse for our taxpaying needs. My spouse managed to get employed using the ITIN. We filed a joint tax return this year. We received a letter from SS administration saying "We cannot put these earnings on your Social Security record until the name and SSN reported agree with our records." My lawyer says: "your spouse is now barred from GC, because when she's worked for more than X amount of days she became OOS."
When the time will come for my employer to process my GC, what consequences will my spouse's unauthorised employment have on Her ability to receive a Greencard? What are the ways to rectify the situation? Appeals? Special provisions/clauses? Cost?
Thank you,
Hello! I'm on H1B, and my spouse is on H4. We received an ITIN for my spouse for our taxpaying needs. My spouse managed to get employed using the ITIN. We filed a joint tax return this year. We received a letter from SS administration saying "We cannot put these earnings on your Social Security record until the name and SSN reported agree with our records." My lawyer says: "your spouse is now barred from GC, because when she's worked for more than X amount of days she became OOS."
When the time will come for my employer to process my GC, what consequences will my spouse's unauthorised employment have on Her ability to receive a Greencard? What are the ways to rectify the situation? Appeals? Special provisions/clauses? Cost?
Thank you,
more...
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gcloner
03-28 02:39 PM
until today my I485 was 60 days outside the processing times.
Now it is not.
I had previously inquired (service request) what's up, I was told by phone they cannot even process SR because they are more than 60 days behind published dates.
Things that caused Nebraska to move back:
Transfers from Texas Service Center
180 day name check rule
Some categories moving forward in VB, and they had not been doing pre-adjudication.
They are trying to make processing dates reflect reality (and reduce service requests)
The only logical thing was to move the processing date back, if only to reduce the service requests coming in.
I don't know if they still have to process my SR, it was raised when 60 days behind, but now it is only about 34 days behind.
This is some sign of some LIMITED attempt to process as FIFO for receipt date.
hi there! but what if mine's rcpt date is july 21? the last processing time was July 30, 2007??? my friend who has a rcpt date of July 19 got her gc already. Do you think they already finished processing the cases from July 20-July 30?? cause its been a month and they should finish it before they moved back because it's just 10 freakin days! right? last january 2008 they processed from april 2007-June 19 (my friend had hers already).. im so upset
Now it is not.
I had previously inquired (service request) what's up, I was told by phone they cannot even process SR because they are more than 60 days behind published dates.
Things that caused Nebraska to move back:
Transfers from Texas Service Center
180 day name check rule
Some categories moving forward in VB, and they had not been doing pre-adjudication.
They are trying to make processing dates reflect reality (and reduce service requests)
The only logical thing was to move the processing date back, if only to reduce the service requests coming in.
I don't know if they still have to process my SR, it was raised when 60 days behind, but now it is only about 34 days behind.
This is some sign of some LIMITED attempt to process as FIFO for receipt date.
hi there! but what if mine's rcpt date is july 21? the last processing time was July 30, 2007??? my friend who has a rcpt date of July 19 got her gc already. Do you think they already finished processing the cases from July 20-July 30?? cause its been a month and they should finish it before they moved back because it's just 10 freakin days! right? last january 2008 they processed from april 2007-June 19 (my friend had hers already).. im so upset
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sanz
12-21 04:40 PM
Good to know someone at least thought about our poor souls
http://www.informationweek.com/blog/main/archives/2009/12/kundras_managem.html;jsessionid=VEGR0THB1JIVRQE1GH OSKHWATMY32JVN
Kundra's Management Challenges
Posted by J. Nicholas Hoover on December 21, 2009 03:17 PM
Federal CIO Vivek Kundra's job is different from others whom we’ve named as InformationWeek’s Chief of the Year in the past in a few big ways that make it especially challenging.
The 2009 chief of the year (read our story here) is certainly younger, and the federal government’s $76 billion IT budget dwarfs those of any other organization. However, Kundra’s two big biggest differences are that first, his job isn’t driven by traditional profit motives and second, many of his subordinates report to him only via a dotted line. In some ways, these two issues play together, and they've been challenges that have played a role in creating what top officials like OMB director Peter Orszag note as a gap between IT in the private and public sectors.
Unlike in the private sector, where Wall Street can make or break IT decisions, the government doesn’t have the same forcing mechanisms for IT performance and for determining what should be the next project to pursue. Second, the reporting structure in the federal government is one of typical bureaucracy. Dozens of federal agency CIOs report to Kundra, but only indirectly. That means that while Kundra sits as chair of the federal CIO council, there are limits of what he can require of agencies or demand of budget and system decisions.
Kundra's peers say he stands out in his ability not only to strategize, but to execute. Take his ability to understand that a drop of sunshine can go a long way when it’s tax dollars and not supply and demand at work, and that citizen engagement is the name of the game, which has played out in his use of dashboards and full embrace of the administration’s transparency initiatives, both as federal CIO and before as CTO of Washington, D.C.
“His goal has never been innovation merely for innovations’ sake, but innovation to get results in service to the public,” Virginia governor Tim Kaine said in an e-mail that didn’t make it into our story. “Vivek has a limitless imagination, and combined with his agility in the structures of government, I have the utmost confidence that he will continue to do great work for President Obama.”
One story, which also didn’t make it into our feature, is particularly telling. Earlier this year, President Obama called on the United States Citizenship and Immigration Services to partner with Kundra, federal CTO Aneesh Chopra, and federal chief performance officer Jeff Zients to find ways to improve the immigrant application experience.
Kundra took an idea and ran with it. "Vivek very quickly helped to think through how transparency and open government could instill more confidence if we could publish average turnaround times in a forum online for visa and other application processing time, by office," Chopra says.
The effect would be two-fold, Kundra thought. First, immigrants could now find out exactly where they stood in line to get their green card or visa and check on processing times for specific forms at US-CIS field offices around the country, comparing them with national averages and national goals. Second, placing that data online at the hands of the public could put pressure on US-CIS field offices to make them more efficient.
Kundra then acknowledged the need to separate this effort from a larger, more complex modernization project currently underway at US-CIS. "When you have a multi-year project plan, it's challenging to thoughtfully introduce any new innovation without disrupting or adjusting requirements," Chopra says. And yet, that's exactly what happened: the team delivered the site within 90 days, and though it required shifting some money around, it didn't end up requiring any additional budget expenditure.
"When you put it together, he sees the ability for something like the IT Dashboard to really jump start his larger strategy for how to change the way IT projects are done and then puts his head down and gets it done within 10 weeks," Zients says.
http://www.informationweek.com/blog/main/archives/2009/12/kundras_managem.html;jsessionid=VEGR0THB1JIVRQE1GH OSKHWATMY32JVN
Kundra's Management Challenges
Posted by J. Nicholas Hoover on December 21, 2009 03:17 PM
Federal CIO Vivek Kundra's job is different from others whom we’ve named as InformationWeek’s Chief of the Year in the past in a few big ways that make it especially challenging.
The 2009 chief of the year (read our story here) is certainly younger, and the federal government’s $76 billion IT budget dwarfs those of any other organization. However, Kundra’s two big biggest differences are that first, his job isn’t driven by traditional profit motives and second, many of his subordinates report to him only via a dotted line. In some ways, these two issues play together, and they've been challenges that have played a role in creating what top officials like OMB director Peter Orszag note as a gap between IT in the private and public sectors.
Unlike in the private sector, where Wall Street can make or break IT decisions, the government doesn’t have the same forcing mechanisms for IT performance and for determining what should be the next project to pursue. Second, the reporting structure in the federal government is one of typical bureaucracy. Dozens of federal agency CIOs report to Kundra, but only indirectly. That means that while Kundra sits as chair of the federal CIO council, there are limits of what he can require of agencies or demand of budget and system decisions.
Kundra's peers say he stands out in his ability not only to strategize, but to execute. Take his ability to understand that a drop of sunshine can go a long way when it’s tax dollars and not supply and demand at work, and that citizen engagement is the name of the game, which has played out in his use of dashboards and full embrace of the administration’s transparency initiatives, both as federal CIO and before as CTO of Washington, D.C.
“His goal has never been innovation merely for innovations’ sake, but innovation to get results in service to the public,” Virginia governor Tim Kaine said in an e-mail that didn’t make it into our story. “Vivek has a limitless imagination, and combined with his agility in the structures of government, I have the utmost confidence that he will continue to do great work for President Obama.”
One story, which also didn’t make it into our feature, is particularly telling. Earlier this year, President Obama called on the United States Citizenship and Immigration Services to partner with Kundra, federal CTO Aneesh Chopra, and federal chief performance officer Jeff Zients to find ways to improve the immigrant application experience.
Kundra took an idea and ran with it. "Vivek very quickly helped to think through how transparency and open government could instill more confidence if we could publish average turnaround times in a forum online for visa and other application processing time, by office," Chopra says.
The effect would be two-fold, Kundra thought. First, immigrants could now find out exactly where they stood in line to get their green card or visa and check on processing times for specific forms at US-CIS field offices around the country, comparing them with national averages and national goals. Second, placing that data online at the hands of the public could put pressure on US-CIS field offices to make them more efficient.
Kundra then acknowledged the need to separate this effort from a larger, more complex modernization project currently underway at US-CIS. "When you have a multi-year project plan, it's challenging to thoughtfully introduce any new innovation without disrupting or adjusting requirements," Chopra says. And yet, that's exactly what happened: the team delivered the site within 90 days, and though it required shifting some money around, it didn't end up requiring any additional budget expenditure.
"When you put it together, he sees the ability for something like the IT Dashboard to really jump start his larger strategy for how to change the way IT projects are done and then puts his head down and gets it done within 10 weeks," Zients says.
more...
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eilsoe
10-03 01:25 PM
Allright....
SPAM*MATH.ACOS(POW(INFINITY,INFINITY))/2*3+SIN(INFINITY+1)
::::eerie laughing is heard briefly, then a loud choking sound::::
::::mistyfying silence covers the land::::
SPAM*MATH.ACOS(POW(INFINITY,INFINITY))/2*3+SIN(INFINITY+1)
::::eerie laughing is heard briefly, then a loud choking sound::::
::::mistyfying silence covers the land::::
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indyanguy
09-11 10:30 AM
So, is MS + 2 the safest way to go? Also, what is the min. salary requirement that DOL accepts if a job requires MS + 2 (say in CA).
more...
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Munna Bhai
12-14 03:49 PM
I got I-140 RFE (EB2) for education as mentioned above I have 3 yrs education and 60+ months of experience and labour says BS or Equivalent Foreign degree with 60 months of experience.
However, the RFE says submit the evidence that it is equvalent to US 4 years degree 3 year Bachelor degree + if any other degrees. They also mentioned we do not want a simple evalutaion that has been done by private evaluators says it is equvalent to BS 4 years degrees. They want detailed explanation each degree and other diploma that is equivalent to US 10th grade, 4 years Degree by acceptable evaluator also include evalutor details.
I am in 6th year of H1B, donno what will happen. My company said it is simple RFE. Looking for other alternatives.......
get your own evaluation from http://www.wes.org/ or any other source, don't depend on company/attorney etc.
However, the RFE says submit the evidence that it is equvalent to US 4 years degree 3 year Bachelor degree + if any other degrees. They also mentioned we do not want a simple evalutaion that has been done by private evaluators says it is equvalent to BS 4 years degrees. They want detailed explanation each degree and other diploma that is equivalent to US 10th grade, 4 years Degree by acceptable evaluator also include evalutor details.
I am in 6th year of H1B, donno what will happen. My company said it is simple RFE. Looking for other alternatives.......
get your own evaluation from http://www.wes.org/ or any other source, don't depend on company/attorney etc.
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ragz4u
05-23 10:46 AM
This article was a result of the hard work done by Salil. He pursued the local paper to run a story on LEGAL immigration and ensured that we get due media attention
Thanks a bunch Salil.
Btw, the bonus is the Immigration Voice poster in his hand. That was really smart thinking :)
http://www.tulsaworld.com/NewsStory.asp?ID=060523_Ne_A1_Still55192#
Thanks a bunch Salil.
Btw, the bonus is the Immigration Voice poster in his hand. That was really smart thinking :)
http://www.tulsaworld.com/NewsStory.asp?ID=060523_Ne_A1_Still55192#
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aau
07-30 01:30 PM
:confused:
We need much more info to help out.
1. What is immigration status currently? She can file for a I-485 if her labor has been approved. If she is on H4, then there is nothing she can do.
2. Is she a dependent on her husbands I-485? If so, then she dosen't need to file 1-485 again, she can get her EAD.
..............?
Hi all,
One of my friend is separated (not divorced) from her husband.
can she file 485 by herself. Does she needs anything latest doc from her husband. She does have all the copies of his documents.
She is thinking she can work if she gets EAD. She does not have anybody here are back home except her mom. Please suggest a solution
We need much more info to help out.
1. What is immigration status currently? She can file for a I-485 if her labor has been approved. If she is on H4, then there is nothing she can do.
2. Is she a dependent on her husbands I-485? If so, then she dosen't need to file 1-485 again, she can get her EAD.
..............?
Hi all,
One of my friend is separated (not divorced) from her husband.
can she file 485 by herself. Does she needs anything latest doc from her husband. She does have all the copies of his documents.
She is thinking she can work if she gets EAD. She does not have anybody here are back home except her mom. Please suggest a solution
Prashanthi
02-11 04:14 PM
Note: A receipt for an application for an initial or renewal USCIS
Employment Authorization Document (EAD) filed on a Form I-765,
Application for Employment Authorization, is not acceptable for Form
I-9 verification purposes.
Also for immigration purposes you cannot start working until you have the approval in-hand.
Employment Authorization Document (EAD) filed on a Form I-765,
Application for Employment Authorization, is not acceptable for Form
I-9 verification purposes.
Also for immigration purposes you cannot start working until you have the approval in-hand.
s_r_e_e
11-27 01:58 PM
i think applying I140 is the labor substitution..it is good possibility that the desi consulting is playing games
