whiteStallion
06-25 08:45 PM
Why is loosing such a loosely used word?. Guys, it is losing not loosing. Lose and loose have different meanings.
I'm sure you meant "Loss and loose have different meaning" ! ;)
I'm sure you meant "Loss and loose have different meaning" ! ;)
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nk2006
10-21 03:30 PM
Though the denial of this MTR is against the law by USCIS, one must consider following.
AC21 is a benefit for a long delayed adjustment of status applicant to change the employer before getting GC. This law was framed based on the fact that the employee working for a long period of time with sponser (either in non-immigrant visa or in EAD) and cannot change the job because of prolonged delay in approval of 485. However, one must remember that, the fundamental priciple of granting GC is based on the fact that intent of the employee working "permanetly" or some longer period of time for the sponser. If the employer can demonstrate successfully to the USCIS that the employee does not having the intent then USCIS may deny the 485. If one resigns just immediatly after the 180 days, it doubts the legitimacy of the intent. If employer argues that the employee was waiting just for 180 days and using the law to change the job, there is a reason for USCIS to belive the employer's claim about false intent of the emploee. But one can overrule this denial in court, if the employee demonstrates that he/she worked for the sponsor for a considerable period of time before and after filing 485, to prove his/her intent.
How can USCIS can judge the legitimacy of the intent of the applicant - it can be very subjective and depend a lot on the way visa officer interprets. For example how long after six months is considered a "long wait"?
There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.
AC21 is a benefit for a long delayed adjustment of status applicant to change the employer before getting GC. This law was framed based on the fact that the employee working for a long period of time with sponser (either in non-immigrant visa or in EAD) and cannot change the job because of prolonged delay in approval of 485. However, one must remember that, the fundamental priciple of granting GC is based on the fact that intent of the employee working "permanetly" or some longer period of time for the sponser. If the employer can demonstrate successfully to the USCIS that the employee does not having the intent then USCIS may deny the 485. If one resigns just immediatly after the 180 days, it doubts the legitimacy of the intent. If employer argues that the employee was waiting just for 180 days and using the law to change the job, there is a reason for USCIS to belive the employer's claim about false intent of the emploee. But one can overrule this denial in court, if the employee demonstrates that he/she worked for the sponsor for a considerable period of time before and after filing 485, to prove his/her intent.
How can USCIS can judge the legitimacy of the intent of the applicant - it can be very subjective and depend a lot on the way visa officer interprets. For example how long after six months is considered a "long wait"?
There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.
sriramkalyan
06-09 12:05 PM
i was regular contributor to IV ..I stopped it ..
My request is ..
All postings on IV should identify the user as contributing member or a Free User.
That change will help IV to increase Funding ..
I will sign up for monthly recurring to IV if I see above change ..
My request is ..
All postings on IV should identify the user as contributing member or a Free User.
That change will help IV to increase Funding ..
I will sign up for monthly recurring to IV if I see above change ..
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ssprof
09-10 05:10 PM
Contributed $100
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lazycis
12-01 02:32 PM
Do you mean the district court asks cis to compensate candidate??? I have never heard this - wondering!!! Don't think its true!
If a party wins a case, the court may order a losing party to compensate all expenses associated with the suit. The relevant law is "Equal Access to Justice Act" (EAJA). However, if government changes position and reverses the denial/acts on an application/MTR before court rules in your favor, it's not possible to recover court-related expenses. Court filing fee in federal civil cases is $350 so the bulk of all expenses is usually attorney's fees.
If a party wins a case, the court may order a losing party to compensate all expenses associated with the suit. The relevant law is "Equal Access to Justice Act" (EAJA). However, if government changes position and reverses the denial/acts on an application/MTR before court rules in your favor, it's not possible to recover court-related expenses. Court filing fee in federal civil cases is $350 so the bulk of all expenses is usually attorney's fees.
imm_pro
09-11 04:32 PM
wow..what a novel and legal way to humiliate...yes i am in
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ramus
09-09 09:49 AM
Thanks a lot.
Good luck guys! Thanks for all the hard work each of you are putting in.
Transaction ID: 8NY02905F8401260H
Contributions so far: $440
Good luck guys! Thanks for all the hard work each of you are putting in.
Transaction ID: 8NY02905F8401260H
Contributions so far: $440
2010 THE CLEVELAND CAVALIERS
desi3933
09-15 11:49 AM
Mujhe to aam kahne se matlab hai... (As long as the visas are available, I don't care):D
I am with you and willing to share the cost.
Good Luck.
Abhi to saare aam khatam ho gaye hai.
(Translation - Right now all the visa numbers are gone for your PD).
I am with you and willing to share the cost.
Good Luck.
Abhi to saare aam khatam ho gaye hai.
(Translation - Right now all the visa numbers are gone for your PD).
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gc_dedo
04-30 03:56 PM
wow they have run out of questions.
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Desertfox
04-30 05:30 PM
I sincerely hope that your interpretation is correct!
For all those who are upset with the House hearing, please take it easy. Please do not expect the hearing to discuss the details of each and every GC applicant's case. The objective of the hearing was to bring the folks involved in visa bulletins and GC processing, and make them all publically say and agree that Lofgren-Sensenbrenner bill will not flood the country with new people on the borders but at the same time since the federal agencies did not do their job properly, so it would make sense to recapture the visa numbers, and that's it.
I think that this objective was achieved pretty handsomely without much opposition. So everybody was on the same page, other than Ranking member King, whose job in such meetings is to oppose whatever the committee chair is proposing. Rep. King did not have much to say as Rep. Sensenbrenner has co-sponsored the bill. Noticeably, Rep. Gutierrez supported the bill, which means Hispanic Caucus may not oppose it either, hopefully. So it was all good.
For all those who are upset with the House hearing, please take it easy. Please do not expect the hearing to discuss the details of each and every GC applicant's case. The objective of the hearing was to bring the folks involved in visa bulletins and GC processing, and make them all publically say and agree that Lofgren-Sensenbrenner bill will not flood the country with new people on the borders but at the same time since the federal agencies did not do their job properly, so it would make sense to recapture the visa numbers, and that's it.
I think that this objective was achieved pretty handsomely without much opposition. So everybody was on the same page, other than Ranking member King, whose job in such meetings is to oppose whatever the committee chair is proposing. Rep. King did not have much to say as Rep. Sensenbrenner has co-sponsored the bill. Noticeably, Rep. Gutierrez supported the bill, which means Hispanic Caucus may not oppose it either, hopefully. So it was all good.
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gc_chahiye
07-24 10:00 AM
I applied for PERM in Sep 2006 - EB3 - India.
I applied for I-140 and I-485 concurrently in Jun 2007.
on what date in June? Were you one of the July 2 filers? Because you were
not current in June, had you applied, your I-485 would be rejected.
I-140 got approved July 20, 2007 and on July 23, 2007 I received all 4 receipts for I-140, I-485, EAD and AP.
Lawyers emailed saying they also received the EAD card yesterday July 23, 2007.
no July filer has received a receipt for any filing, forget about getting an EAD within 2 weeks.
I-140 premium processing was stopped in July, and in regular NSC has been taking 6-8 months.
Nothing in your story is adding up...
I applied for I-140 and I-485 concurrently in Jun 2007.
on what date in June? Were you one of the July 2 filers? Because you were
not current in June, had you applied, your I-485 would be rejected.
I-140 got approved July 20, 2007 and on July 23, 2007 I received all 4 receipts for I-140, I-485, EAD and AP.
Lawyers emailed saying they also received the EAD card yesterday July 23, 2007.
no July filer has received a receipt for any filing, forget about getting an EAD within 2 weeks.
I-140 premium processing was stopped in July, and in regular NSC has been taking 6-8 months.
Nothing in your story is adding up...
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indio0617
03-09 10:39 AM
Sure...
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JunRN
08-08 06:11 PM
I'm on Schedule A. My attorney filed my I-140/485/EAD on July 30 and it reached USCIS on the 31st. I am now waiting for the Receipt Notice which my lawyer says may take three to four weeks.
I keep on praying that my I-140 will not be returned due to some mistakes in filing. My lawyer filed I-140 using the new fee. Is this correct?
I keep on praying that my I-140 will not be returned due to some mistakes in filing. My lawyer filed I-140 using the new fee. Is this correct?
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samrat_bhargava_vihari
04-27 02:52 PM
Hello Onemay,
I live in Minneapolis. I too am on H4.Same thing happened to both my husband and myself here last October.We had moved recently from Indiana and the DMV said they won't issue new licenses for both myself and my husband (it doesn't matter if u r on H1 or H4)until we give the extended I94. We had our Indiana licences also canceled .We didn't know what to do and then we enquired some of our friends and came to know that if we show our original USCIS Receipts for Extension filed they give ur license for 6 months from the USCIS Receipt Date. So we did that and got our extension until April. U have to show the Original Receipt ,No Xerox .And now we got our extension papers and reapplied for a new license and got it. May be u too can enquire about this,because I think all DMVs tend to follow similar rules.
This is true. I went through this process several times in Minneapolis.
I live in Minneapolis. I too am on H4.Same thing happened to both my husband and myself here last October.We had moved recently from Indiana and the DMV said they won't issue new licenses for both myself and my husband (it doesn't matter if u r on H1 or H4)until we give the extended I94. We had our Indiana licences also canceled .We didn't know what to do and then we enquired some of our friends and came to know that if we show our original USCIS Receipts for Extension filed they give ur license for 6 months from the USCIS Receipt Date. So we did that and got our extension until April. U have to show the Original Receipt ,No Xerox .And now we got our extension papers and reapplied for a new license and got it. May be u too can enquire about this,because I think all DMVs tend to follow similar rules.
This is true. I went through this process several times in Minneapolis.
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dilipcr
06-11 08:11 PM
I am happy for following things in life:
1) I still have a job, or atleast pay.
2) I have an EAD, those in PERM, 140, do not have that option.
3) I am better placed than those seeking immigration as brothers and sisters of US citizens :-d or as married children of US citizens.
I am not happy about:
1) Don't have the plastic that says, I can stay on even if I don't have a job.
2) Those from other countries getting "lottery" visa instead of hard work.
Who said "hard work" pays off? It just takes LUCK in life for things to fall in place. From tomorrow, I am just going to buy lottery and do NO work.
I dont think Luck is all that is needed in life. Getting a perspective on things around is the key. Understand this fact. Recession happens once every 6 years on average. Every recession seems like a depression during the times. Believe me, we felt that the tech meltdown of 2001 was the end of the world for all those high flying dreams. Today people say that the 2001 recession was a mil one. Yeah, tell that to the people on H1 visas wo lost their jobs and had to leave the country. The same scenario seems to be the case now. Just hang in there and dont go by these bogus media headlines that scream that one would have to wait atleast for 10 years for a GC. They were the same then too. Do what you do well with this perspective in mind and you should be ok.
1) I still have a job, or atleast pay.
2) I have an EAD, those in PERM, 140, do not have that option.
3) I am better placed than those seeking immigration as brothers and sisters of US citizens :-d or as married children of US citizens.
I am not happy about:
1) Don't have the plastic that says, I can stay on even if I don't have a job.
2) Those from other countries getting "lottery" visa instead of hard work.
Who said "hard work" pays off? It just takes LUCK in life for things to fall in place. From tomorrow, I am just going to buy lottery and do NO work.
I dont think Luck is all that is needed in life. Getting a perspective on things around is the key. Understand this fact. Recession happens once every 6 years on average. Every recession seems like a depression during the times. Believe me, we felt that the tech meltdown of 2001 was the end of the world for all those high flying dreams. Today people say that the 2001 recession was a mil one. Yeah, tell that to the people on H1 visas wo lost their jobs and had to leave the country. The same scenario seems to be the case now. Just hang in there and dont go by these bogus media headlines that scream that one would have to wait atleast for 10 years for a GC. They were the same then too. Do what you do well with this perspective in mind and you should be ok.
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tinamatthew
07-20 09:28 PM
All are exagerated values. Unless we have the correct values, these predictions are just waste of time and mind disturbing.:(
Thank you!! That's true exagerated values. With concurrent filing you can travel in and out of the country, you can work etc. Now we are moaning that the greencard is going to take forever! Wow! Be happy with this situation (file your i-140 & i-485) and stop these pessimistic views!
Thank you!! That's true exagerated values. With concurrent filing you can travel in and out of the country, you can work etc. Now we are moaning that the greencard is going to take forever! Wow! Be happy with this situation (file your i-140 & i-485) and stop these pessimistic views!
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skv
08-12 05:35 PM
I meant :
We have to take some risk, if we want some progress on our I-140 cases. :-)
Good night folks!
We have to take some risk, if we want some progress on our I-140 cases. :-)
Good night folks!
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nyte_crawler
04-25 01:06 PM
It's hard to believe that folks dont know anything about the Green-Card process when they come in. Let us say that you are right on, but they would have eventually figured it out by the end of couple years. I believe it is the situations like layoffs, move from one company to other for better prospects and salary will make them to enter the process late. It is their personal choice and I don't question that. But I believe they had options to apply for GC early in the process and they did not. So why penalize others who did before them. Please don't think Iam saying this because I entered late. I came during early 1998 and I did wait for 4 years to apply.
Many of the H1B's are so involved in their work , they really donot follow their green card procedure and pressure their employers for better deal on filing their papers even when they have the chance.
New H1B's coming into the country should be given some guidance on the permanent residency process so that they donot end up like many of us in the forum waiting for years to get their residency.
Many of the H1B's are so involved in their work , they really donot follow their green card procedure and pressure their employers for better deal on filing their papers even when they have the chance.
New H1B's coming into the country should be given some guidance on the permanent residency process so that they donot end up like many of us in the forum waiting for years to get their residency.
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gc_dedo
09-09 07:33 PM
I read so many posts regarding india facing something similar to sub prime mortgage.
US is a very stabilized in terms of homes.
Consider India's growing high earning population.
They will need home to live as cities expand and people will be there to still buy.
US is a very stabilized in terms of homes.
Consider India's growing high earning population.
They will need home to live as cities expand and people will be there to still buy.
Libra
07-06 10:26 AM
First of all i want to say is nixstor cool down, you dont have to use bad words to say anything, even though you spell wrong people can read it right.
The whole name check system itself not working properly, everybody knows it, there are criminals who got clearance and there are innocents stuck for years, so its a chance to make FBI think about their system.
Shyt! This is what I call shooting in one's own foot. C mon, Fcuk it up so bad that we will dig a big hole that we won't ever come out again. Please read my other post and think for a minute before you do this again and again
Diptam & Saim,
Please change these security lapses thing. You might be hurting yourselves in the long run. If You are thinking that this is not a big issue in DOS/USCIS, You are mistaken. This is a hot button issue in both agencies. Focus on quality of life issues and other losses incurred. Do not play with security. Its going to come back and hurt us. Please Go ahead and change these security lapse crap.
The whole name check system itself not working properly, everybody knows it, there are criminals who got clearance and there are innocents stuck for years, so its a chance to make FBI think about their system.
Shyt! This is what I call shooting in one's own foot. C mon, Fcuk it up so bad that we will dig a big hole that we won't ever come out again. Please read my other post and think for a minute before you do this again and again
Diptam & Saim,
Please change these security lapses thing. You might be hurting yourselves in the long run. If You are thinking that this is not a big issue in DOS/USCIS, You are mistaken. This is a hot button issue in both agencies. Focus on quality of life issues and other losses incurred. Do not play with security. Its going to come back and hurt us. Please Go ahead and change these security lapse crap.
pappu
09-01 09:17 AM
Everyone getting receipt notices, and not coming to the rally, (not coming to the rally -most on tracker threads), please at least consider contributing to the rally once you get your notice or FP done or get EAD!. The rally cost is huge and we can do much more if people can contribute generously.
We helped you get to the stage so that everyone can file I485s. It pains us in the core team see how our members who used to tell us all the time to at least allow them to file I485 and then they will wholeheartedly take part and support IV have turned their backs on us now. With our work and victory in Visa bulletin fiasco, we even answered people who used to ask us for our achievements before they could contribute.
Now it is your opportunity to deliver.
We helped you get to the stage so that everyone can file I485s. It pains us in the core team see how our members who used to tell us all the time to at least allow them to file I485 and then they will wholeheartedly take part and support IV have turned their backs on us now. With our work and victory in Visa bulletin fiasco, we even answered people who used to ask us for our achievements before they could contribute.
Now it is your opportunity to deliver.
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