GCBy3000
07-06 12:00 PM
asked both the two questions posed by fellow members.
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admin
03-28 10:22 AM
ragz4u,
I was watching C-span fully. I did not see any amentments to instate Ac21 provision to eliminate hard country quota. Is there any update? Is there any possibilty for amendment from any senatore in floor discussion? Please post the procedings in this issue, as I feel this may be ignored by senaters due to the controversial guest worker program.
By the way is there any differnce between 202a3 and 202a5?
Ramba,
We're definitely working on this issue and I am sorry that I am not able to go into further details.
202(a)(3) clubs the excess quota for EB and FB together and hence excess EB numbers flow over to FB and vice Versa, which is different from 202(a)(5) which asks for applying the excess quota within a EB cateogry itself.
I was watching C-span fully. I did not see any amentments to instate Ac21 provision to eliminate hard country quota. Is there any update? Is there any possibilty for amendment from any senatore in floor discussion? Please post the procedings in this issue, as I feel this may be ignored by senaters due to the controversial guest worker program.
By the way is there any differnce between 202a3 and 202a5?
Ramba,
We're definitely working on this issue and I am sorry that I am not able to go into further details.
202(a)(3) clubs the excess quota for EB and FB together and hence excess EB numbers flow over to FB and vice Versa, which is different from 202(a)(5) which asks for applying the excess quota within a EB cateogry itself.
sw33t
09-09 03:27 PM
Its funny how employers like yours are digging their own grave in trying to enforce contracts such as yours.
Do consult a competent lawyer.
Do consult a competent lawyer.
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jayZinDC
05-30 02:38 PM
it happened to me, I just checked online with rx # to see if everything was ok and it did in 24 hrs.
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anilsal
12-13 11:03 AM
That is provided the dems are in pursuit of CIR.
surabhi
08-11 10:39 AM
Hi
You may already be knowing this. But a note of caution, after hearing few horror stories on H4 going out of status involuntarily.
Extension of renewal on H1 does not mean H4 is automatically renewed. Your new H1b is valid until 2009. Unless you have filed I-539 along with your H1b renewal application, your wife is not going to get new I-94. So if her I-94 is expiring december 2007, she will be out of status after that date, not withstanding your H1B validiity.
It doesnt matter if her visa stamp has your latest employer listed. The single most important thing that will determine her legal status is the validity of I-94 stamp
You may already be knowing this. But a note of caution, after hearing few horror stories on H4 going out of status involuntarily.
Extension of renewal on H1 does not mean H4 is automatically renewed. Your new H1b is valid until 2009. Unless you have filed I-539 along with your H1b renewal application, your wife is not going to get new I-94. So if her I-94 is expiring december 2007, she will be out of status after that date, not withstanding your H1B validiity.
It doesnt matter if her visa stamp has your latest employer listed. The single most important thing that will determine her legal status is the validity of I-94 stamp
more...
sidbee
01-05 10:59 PM
Following is the Employee Agreement
EMPLOYEE agrees and undertakes that EMPLOYEE will continue in the employment of XXXX for the Minimum Period. "Minimum Period" means the period commencing from the date of XXXX applying for the Green Card and ending on the expiry of one year from the date of EMPLOYEE being granted the Green Card.
EMPLOYEE therefore agrees to pay XXXX, before the last day of EMPLOYEE�s employment with XXXX, the aforesaid amount of US $10000 as Liquidated
Damages in the event EMPLOYEE breaches Clause hereof failing which XXXX shall have the right to charge such aforesaid amount from the final settlement of the dues to EMPLOYEE.
So If the employee does not pay at the most Employer will do is not give any of the Employee's remaining salary,leaves,Experience Letter etc?
What else he can do?
Does this Agreement is Legal? It is specifically referring to Green Card.
Why dont you send a complaint to DOL, I have seen Indians are really afraid to do so.
EMPLOYEE agrees and undertakes that EMPLOYEE will continue in the employment of XXXX for the Minimum Period. "Minimum Period" means the period commencing from the date of XXXX applying for the Green Card and ending on the expiry of one year from the date of EMPLOYEE being granted the Green Card.
EMPLOYEE therefore agrees to pay XXXX, before the last day of EMPLOYEE�s employment with XXXX, the aforesaid amount of US $10000 as Liquidated
Damages in the event EMPLOYEE breaches Clause hereof failing which XXXX shall have the right to charge such aforesaid amount from the final settlement of the dues to EMPLOYEE.
So If the employee does not pay at the most Employer will do is not give any of the Employee's remaining salary,leaves,Experience Letter etc?
What else he can do?
Does this Agreement is Legal? It is specifically referring to Green Card.
Why dont you send a complaint to DOL, I have seen Indians are really afraid to do so.
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Sachin_Stock
09-21 01:58 PM
New 485 is not recommended as you have to undergo all the hassles of fingerprinting, medical, background blah blah blah....Specially if your Eb-2 date is current and your case already being pre-adjudicated, interfiling is very much a common sense.
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Blog Feeds
01-09 02:20 PM
AILA Leadership Has Just Posted the Following:
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgoYH4Wed8Xuk8L0YQd9r7tov9fqg1eoAeUyOhgZuBT1m7nV79HPO6h419Gz1Q84vLCql7ABoYvAcnr5_H5xnD99tOsvVVzA_ox0Fb2vAlesgDWChJaJywXQ_WmIoxaXQSQiXCF18fcGto/s320/2010-01-07+international-business-industry-night.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgoYH4Wed8Xuk8L0YQd9r7tov9fqg1eoAeUyOhgZuBT1m7nV79HPO6h419Gz1Q84vLCql7ABoYvAcnr5_H5xnD99tOsvVVzA_ox0Fb2vAlesgDWChJaJywXQ_WmIoxaXQSQiXCF18fcGto/s1600-h/2010-01-07+international-business-industry-night.jpg)By Deborah Notkin, AILA Past President
Unfortunately, that's exactly what the Gutierrez bill is. While there are many excellent provisions on important components of immigration reform, especially family unity and legalization, the employment immigration provisions are overwhelmingly negative and geared to eliminate the employers from having any reasonable input on the specific types of foreign employees that are required in an evolving economy. The overarching provision is the establishment of a "Commission" that would determine U.S. immigration policy (numbers and categories) pertaining to temporary and permanent workers. A commission of seven "experts" would report to both houses of Congress annually the types and number of workers that could enter the U. S. Unless both houses of Congress acted to block them (a rarity in today's world), the Commission's "recommendations" would become the law of the land.
There are a number of reasons why substituting Congress with a commission is a bad idea. First, we don't have the statistical evidence available to make good measurements on an annual basis. Second, government commissions in DC overwhelmingly end up becoming unelected political entities, with their own agendas, often exceeding their original mission. Third, a politicized commission on such a controversial issue would be especially problematic because it would not be accountable directly to voters as are elected representatives. In a debate on the Commission concept that I attended in New York, proponents were struggling to find even a few examples of Beltway government commissions that worked and did not become politicized.
While the Gutierrez bill should be commended for including provisions requiring employers to take responsibility for utilizing ethical recruiters and providing a few exemptions from the employment based quota for certain types of professionals, it generally negates the legitimacy of corporate needs and lacks any concept of the global economy and the international, competitive personnel market.
Most egregious is the idea of bringing in a lesser skilled workforce through a sort of "hiring hall" lottery system that would eliminate employers entirely from the selection process. Foreign workers would be placed in a database and assigned to employers based on some computer's or bureaucrat's idea of a match. It reminds one of the unfortunate migrants who are day workers standing outside waiting to be randomly hired. Here, they can just stand in their own countries being assigned to an employer they may not have chosen if given the choice.
Additional provisions would eliminate the ability of employers to use entry level wages for entry level temporary workers. Forcing employers to pay foreign nationals more than their U.S. worker counterparts is totally absurd. Is this how we think America will benefit from the many foreign nationals who have just graduated from, among other fields, Science, Technology, Engineering, and Mathmatics, programs? And of course, the unworkable cap on H-1B temporary professional workers in a healthy economy is totally ignored, evidently to be left to the gang of seven commissioners.
It appears that Congressman Gutierrez put his heart and soul into legalization and family unity but left the employment provisions to be drafted by the most anti-employer parties in this debate. Much is borrowed from the Durbin-Grassley proposed H-1B and L-1B provisions and the Economic Policy Institute's piece on immigration, which starts out by labeling all employers using foreign workers as participants in indentured servitude.
I have only highlighted a few of the egregious provisions that promise to sink an otherwise good piece of legislation. And this does not serve anyone who sincerely wants to find a solution to the human tragedy faced by undocumented migrants in the United States.
https://blogger.googleusercontent.com/tracker/186823568153827945-4566215004987922662?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/01/gutierrez-billa-good-legalization-and.html)
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgoYH4Wed8Xuk8L0YQd9r7tov9fqg1eoAeUyOhgZuBT1m7nV79HPO6h419Gz1Q84vLCql7ABoYvAcnr5_H5xnD99tOsvVVzA_ox0Fb2vAlesgDWChJaJywXQ_WmIoxaXQSQiXCF18fcGto/s320/2010-01-07+international-business-industry-night.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgoYH4Wed8Xuk8L0YQd9r7tov9fqg1eoAeUyOhgZuBT1m7nV79HPO6h419Gz1Q84vLCql7ABoYvAcnr5_H5xnD99tOsvVVzA_ox0Fb2vAlesgDWChJaJywXQ_WmIoxaXQSQiXCF18fcGto/s1600-h/2010-01-07+international-business-industry-night.jpg)By Deborah Notkin, AILA Past President
Unfortunately, that's exactly what the Gutierrez bill is. While there are many excellent provisions on important components of immigration reform, especially family unity and legalization, the employment immigration provisions are overwhelmingly negative and geared to eliminate the employers from having any reasonable input on the specific types of foreign employees that are required in an evolving economy. The overarching provision is the establishment of a "Commission" that would determine U.S. immigration policy (numbers and categories) pertaining to temporary and permanent workers. A commission of seven "experts" would report to both houses of Congress annually the types and number of workers that could enter the U. S. Unless both houses of Congress acted to block them (a rarity in today's world), the Commission's "recommendations" would become the law of the land.
There are a number of reasons why substituting Congress with a commission is a bad idea. First, we don't have the statistical evidence available to make good measurements on an annual basis. Second, government commissions in DC overwhelmingly end up becoming unelected political entities, with their own agendas, often exceeding their original mission. Third, a politicized commission on such a controversial issue would be especially problematic because it would not be accountable directly to voters as are elected representatives. In a debate on the Commission concept that I attended in New York, proponents were struggling to find even a few examples of Beltway government commissions that worked and did not become politicized.
While the Gutierrez bill should be commended for including provisions requiring employers to take responsibility for utilizing ethical recruiters and providing a few exemptions from the employment based quota for certain types of professionals, it generally negates the legitimacy of corporate needs and lacks any concept of the global economy and the international, competitive personnel market.
Most egregious is the idea of bringing in a lesser skilled workforce through a sort of "hiring hall" lottery system that would eliminate employers entirely from the selection process. Foreign workers would be placed in a database and assigned to employers based on some computer's or bureaucrat's idea of a match. It reminds one of the unfortunate migrants who are day workers standing outside waiting to be randomly hired. Here, they can just stand in their own countries being assigned to an employer they may not have chosen if given the choice.
Additional provisions would eliminate the ability of employers to use entry level wages for entry level temporary workers. Forcing employers to pay foreign nationals more than their U.S. worker counterparts is totally absurd. Is this how we think America will benefit from the many foreign nationals who have just graduated from, among other fields, Science, Technology, Engineering, and Mathmatics, programs? And of course, the unworkable cap on H-1B temporary professional workers in a healthy economy is totally ignored, evidently to be left to the gang of seven commissioners.
It appears that Congressman Gutierrez put his heart and soul into legalization and family unity but left the employment provisions to be drafted by the most anti-employer parties in this debate. Much is borrowed from the Durbin-Grassley proposed H-1B and L-1B provisions and the Economic Policy Institute's piece on immigration, which starts out by labeling all employers using foreign workers as participants in indentured servitude.
I have only highlighted a few of the egregious provisions that promise to sink an otherwise good piece of legislation. And this does not serve anyone who sincerely wants to find a solution to the human tragedy faced by undocumented migrants in the United States.
https://blogger.googleusercontent.com/tracker/186823568153827945-4566215004987922662?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/01/gutierrez-billa-good-legalization-and.html)
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drirshad
08-09 03:09 AM
Here is the funny part, when I was talking to the IO he told it is not fare for applicants who filed at NSC but will be processed by CSC dates I indicated why would they do so when my EAD & AP second renewal were processed by NSC even though the first one were receipts with WAC processed by CSC.
He agreed and said NSC & TSC are the only EB based processing centers then repeated the whole shit of not fare, I called back again opened an SR.
My lawyer indicated the IO is an idiot, I also filed a complaint with Ombudsman. If nothing works by next week will contact the local Congressman office through lawyer.
I don't if they hired all these new people who are more dumb than pumpkins.
He agreed and said NSC & TSC are the only EB based processing centers then repeated the whole shit of not fare, I called back again opened an SR.
My lawyer indicated the IO is an idiot, I also filed a complaint with Ombudsman. If nothing works by next week will contact the local Congressman office through lawyer.
I don't if they hired all these new people who are more dumb than pumpkins.
more...
Sachin_Stock
02-04 08:23 PM
My question was VERY specific. And I am not in a mood to discuss the trivial information that the responder threw up. It irks me when someone starts giving unsolicited advices instead of answering the question that I had asked.
I am sorry, didn't mean to derail the topic, but my stand was clear.
I am sorry, didn't mean to derail the topic, but my stand was clear.
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SSSarkar
06-23 09:23 AM
My lawyer have said that I need to submit last year's tax return.
Are you sure you have to submit the tax forms for filing I-485?
Are you sure you have to submit the tax forms for filing I-485?
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nozerd
04-09 11:50 AM
Can someone please confirm if "Card Production Ordered" email from USCIS mean my 485 is approved and I have gotten GC ?
I have only got this "Card Production Ordered" email and not an email specifically saying "485 approved". How long does it take after "Card Production Ordered" email to get actual card.
Also if May bulletin is Unavailable it still means that GC;s issued if your date is current in April are valid ? My email came yesterday same day as the new May bulletin ?
I have only got this "Card Production Ordered" email and not an email specifically saying "485 approved". How long does it take after "Card Production Ordered" email to get actual card.
Also if May bulletin is Unavailable it still means that GC;s issued if your date is current in April are valid ? My email came yesterday same day as the new May bulletin ?
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bskrishna
05-15 11:33 PM
Lots of positive starts...have to see which ones will make it..
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prstudio
04-28 09:54 PM
i liked iron's treads
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sanju_dba
11-11 02:17 PM
Thanks for your help, by the time I start the business it should be around 6 months, hoping there will be no problem in near future as adviced, Im planning to go head & start the business. Once again thanks for all your support.
6months is to comply with AC21. I donot recall any one saying wait xyz time to switch after you get a GC.
6months is to comply with AC21. I donot recall any one saying wait xyz time to switch after you get a GC.
more...
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ksurjan
08-14 11:56 AM
I am also in the same shoes as you. Been here 9 years, filed GC in 2002, still no end in sight. I recently got a job offer from back home. Decent offer, I am told by friends, enough to sustain a good lifestyle and then save some. I am seriously comtemplating going back.
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chanduv23
06-12 04:30 PM
This is my first post, so bear with me.
I also got a Status Update message via email from USCIS. I think the lawyer will be getting the papers in mail next week.
Seems like USCIS has started sending RFE for a lot of us, who have been waiting for a long time. What might be the reason for this. I heard from some of my friends that they are pre-adjucating the cases so that when the visa dates are available, they can process faster, but I also wonder if they are doing it so that they can drop some cases who do NOT reply to their RFE (similar to what happenned with Backlog Elimination Center and 45 day letters).
It is called "two birds in one shot". Pre-adjudication and pre-rejection.
And yes, the reason why most people get RFEs is because the records may not be available properly due to clerical issues.
Preadjudication follows these guidlines
(1) If it is deniable - can some reason be found to deny this case? Deny it - can be resolved thropugh MTR
or
(2) Is it RFEable - can we issue a standardRFE for this case? - Issue RFE
or
Preadjudicate it and keep it ready for visa allocation.
I also got a Status Update message via email from USCIS. I think the lawyer will be getting the papers in mail next week.
Seems like USCIS has started sending RFE for a lot of us, who have been waiting for a long time. What might be the reason for this. I heard from some of my friends that they are pre-adjucating the cases so that when the visa dates are available, they can process faster, but I also wonder if they are doing it so that they can drop some cases who do NOT reply to their RFE (similar to what happenned with Backlog Elimination Center and 45 day letters).
It is called "two birds in one shot". Pre-adjudication and pre-rejection.
And yes, the reason why most people get RFEs is because the records may not be available properly due to clerical issues.
Preadjudication follows these guidlines
(1) If it is deniable - can some reason be found to deny this case? Deny it - can be resolved thropugh MTR
or
(2) Is it RFEable - can we issue a standardRFE for this case? - Issue RFE
or
Preadjudicate it and keep it ready for visa allocation.
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gondalguru
07-26 06:38 PM
Just on the lighter note I wonder if even USCIS ignores that mistake and give you and your co-worker's wife a GC.
And if your co-worker's wife is from a county which is not retrogressed then you can get GC early based on alternate chargebility. Mistake can become boon many times. Just kidding.
Probably you will get RFE and not rejection.
And if your co-worker's wife is from a county which is not retrogressed then you can get GC early based on alternate chargebility. Mistake can become boon many times. Just kidding.
Probably you will get RFE and not rejection.
gimme Green!!
07-24 12:17 PM
Attach the screen shot of labor approval and indicate that you are waiting to receive the actual approval.
Can I file concurrently I-140 and I-485 if the labor is approved but haven't received the hard copy? What do I need to attach to these applications to substitute for the hard copy?
Can I file concurrently I-140 and I-485 if the labor is approved but haven't received the hard copy? What do I need to attach to these applications to substitute for the hard copy?
thesparky007
05-17 09:14 PM
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and vanakkam btw
hehe i watch a lot of tamil movies
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hehe i watch a lot of tamil movies
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