Ramba
10-21 04:07 PM
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.
It is tricky. The intent can be proved only by how long the employee has worked for sponsor. If he/she worked considerable period (lets say for 2-3 years in non-immigrant visa (H.L,E) before filing 485 and worked for about 1 year after filing 485) then, it is very easy for the employee to prove his/her intent to have a permanent employment relationship with sponser, if employer try to revoke 140 based on the fact that employee does not have intent. The longivity of the employment relationship with sponser is a great proof. Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.
One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.
Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
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.
It is tricky. The intent can be proved only by how long the employee has worked for sponsor. If he/she worked considerable period (lets say for 2-3 years in non-immigrant visa (H.L,E) before filing 485 and worked for about 1 year after filing 485) then, it is very easy for the employee to prove his/her intent to have a permanent employment relationship with sponser, if employer try to revoke 140 based on the fact that employee does not have intent. The longivity of the employment relationship with sponser is a great proof. Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.
One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.
Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
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gova123
08-02 05:33 PM
Bumping ^^^^^^^^^^
shreekhand
07-18 12:14 AM
Guys...all applications are pre-adjudicated irrespective of whether a PD is current according to the receipt date.
Once receipted they go on the shelf and are given for adjudication to an adjudicator as in a fairly FIFO manner.
Let's not confuse this with those who were pre-adjudicated and then placed on the shelf for lack of visa number availability. Most of the petitions approved in June were from this shelf.
As a rule they don't jump and take the "PD current" ones even if they are submitted late.
Again I also read this from a question posed to the "I-485 Production Line Supervisor" in an open house document posted by an organization.
Once receipted they go on the shelf and are given for adjudication to an adjudicator as in a fairly FIFO manner.
Let's not confuse this with those who were pre-adjudicated and then placed on the shelf for lack of visa number availability. Most of the petitions approved in June were from this shelf.
As a rule they don't jump and take the "PD current" ones even if they are submitted late.
Again I also read this from a question posed to the "I-485 Production Line Supervisor" in an open house document posted by an organization.
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bkam
04-25 08:35 PM
Learning01 has stollen the idea ! :-)
I have already expressed my intention to sue the US government for the money I have put for so many years in the SS and Medicare funds when I leave the country. There will be always a greedy American lawyer (only one ?! :-) ready to get this done for one third of the prey. And I will still get back two thirds of my money. Much better than nothing.
And imagine that a bunch of "mirage chasers" like me unite and make it a class-suit, and everybody around the world who has been legally here and paid his taxes hears that and asks for his/her money back... The tick-skin-fat-ass politicians and government officials will suddenly become very nice, considered and cooperative (now they are just nice), the PBEC would miraculously clear the backlog within 6 months, the retrogression will disappear etc, etc.
Well, most probably all this will never happen but you never know, the snowball may start rolling... They are too many frustrated people in this mess...
I have already expressed my intention to sue the US government for the money I have put for so many years in the SS and Medicare funds when I leave the country. There will be always a greedy American lawyer (only one ?! :-) ready to get this done for one third of the prey. And I will still get back two thirds of my money. Much better than nothing.
And imagine that a bunch of "mirage chasers" like me unite and make it a class-suit, and everybody around the world who has been legally here and paid his taxes hears that and asks for his/her money back... The tick-skin-fat-ass politicians and government officials will suddenly become very nice, considered and cooperative (now they are just nice), the PBEC would miraculously clear the backlog within 6 months, the retrogression will disappear etc, etc.
Well, most probably all this will never happen but you never know, the snowball may start rolling... They are too many frustrated people in this mess...
more...
smisachu
09-11 11:56 AM
IV rocks�.. Just made contribution of 500$
Cannot come to rally because of personal reasons. Feeling terrible about that�.
Order Details - Sep 11, 2007 10:46 AM CDT
Google Order #636002683618849
Thanks, thats really cool. gave you +ve feed back so made ur red dot go away!!
Cannot come to rally because of personal reasons. Feeling terrible about that�.
Order Details - Sep 11, 2007 10:46 AM CDT
Google Order #636002683618849
Thanks, thats really cool. gave you +ve feed back so made ur red dot go away!!
tinamatthew
07-20 12:48 PM
I think you can start another job with the same job description. EAD is not tied to the employer. It is tied to you. AC21 is a blessing for us in this regard.
After 180 days, you are free and you almost got virtual GC except that you need to work in the same job description and maintain character.
Thank you so much for this reply
After 180 days, you are free and you almost got virtual GC except that you need to work in the same job description and maintain character.
Thank you so much for this reply
more...
Green.Tech
06-11 12:08 PM
However, if there was any legislation relief, then it would be a different ball game altogether. May be we will see a repeat of 2002-2004 when all categories were current.
...and that could happen if all of us unite and participate in IV's campaigns, otherwise the wait could be a long one!
...and that could happen if all of us unite and participate in IV's campaigns, otherwise the wait could be a long one!
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monkeyman
01-04 12:19 PM
I filed for my wife's AP on Oct 12th and TSC and received the AP on Nov 1. Applied for UK transit visa on Nov 8 and received that on Nov 14th.
more...
ocpmachine
09-08 11:46 AM
On my recent visit to Bangalore, i got in touch with a real estate developer(who is also a far relative), here is what he told me. First thing any developer does is to put up a website with some pretty pictures of layout and details like floor plan, location etc. This is the first step in attracting NRI's, he told me when he talks to NRI's, the first question they ask is the URL of the project. No wonder, most of the RE developer in recent times have a website, some of the website are a joke with absolutely no details and the rosy pictures of moon, lakes, birds, parks etc :-))
80% of his customers are NRI's, 10% are local goonda's/politician and rest 10% are common people...I was surprised to hear that some NRI's have bought/booked plots just by looking at the website and remitting money from USA...what happened to old school days of personally visiting, checking paperwork,Vaastu, getting opinions of relatives/friends before buying anything...what is the hurry here is beyond me???
I feel, this whole RE market in INDIA is a scam where RE developers are playing a game and targetting NRI's who are easy a prey...
80% of his customers are NRI's, 10% are local goonda's/politician and rest 10% are common people...I was surprised to hear that some NRI's have bought/booked plots just by looking at the website and remitting money from USA...what happened to old school days of personally visiting, checking paperwork,Vaastu, getting opinions of relatives/friends before buying anything...what is the hurry here is beyond me???
I feel, this whole RE market in INDIA is a scam where RE developers are playing a game and targetting NRI's who are easy a prey...
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godspeed
12-11 04:25 PM
Folks,
IV is working to address issues that affect us now/sooner or later, please contribute as and when possible without waiting for any specific agenda to be picked up.
Help IV to help you
IV is working to address issues that affect us now/sooner or later, please contribute as and when possible without waiting for any specific agenda to be picked up.
Help IV to help you
more...
needhelp!
06-19 07:15 PM
2 - year EAD was officially announced. How about a small thank you contribution?
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javaconsultant
10-11 04:33 PM
vparam...
Thanks for your detailed anwers.
have you opened your own LLC currently while on EAD?
For all those who have sent PM.... Please note I am not an attorney or accountant... But then I had consulted my account and few attorney's ( paid the required fees to get them answered)... So please use your own judgement/caution.
1. Yes you can open a LLC singly or jointly with your wife/friend/anyone.
2. You can start the LLC even when you are on H1B but it is better that you wait till you get your EAD to get oprationalized. reason very very conservative view is that you cannot even write a check for your company or deposit a check... but this is a very conservative view....
3. To open a LLC you can use an accountant ( if you have one, it will be cheaper by a couple of hundred dollars) or use agencies like www.legalzoom.com/legalzip/LLCs/llc_procedure.html .... I have used both in the past....
4. Intially you can just form LLC as single or joint partnership and then elect as S corporations for taxing.... I forget within which period it is to be done, if I correctly remember when you file your first tax return or within 6 months you need to elect as filing as single person entity( then it becomes like your personal income) or you could elect as S corp....
5. You will a tax id for the LLC, business license and other documents when you form a LLC, You will need to maintain book and tax records for 3 years... best to have it managed by an accountant
6. You/ your spouse can work for your LLC.... Some of you if you want to after 180 days change employers can move into your LLC and maintain that you are employed in same occupational duties for your own LLC...
Hope I have been able to answer your questions....:cool:
Thanks for your detailed anwers.
have you opened your own LLC currently while on EAD?
For all those who have sent PM.... Please note I am not an attorney or accountant... But then I had consulted my account and few attorney's ( paid the required fees to get them answered)... So please use your own judgement/caution.
1. Yes you can open a LLC singly or jointly with your wife/friend/anyone.
2. You can start the LLC even when you are on H1B but it is better that you wait till you get your EAD to get oprationalized. reason very very conservative view is that you cannot even write a check for your company or deposit a check... but this is a very conservative view....
3. To open a LLC you can use an accountant ( if you have one, it will be cheaper by a couple of hundred dollars) or use agencies like www.legalzoom.com/legalzip/LLCs/llc_procedure.html .... I have used both in the past....
4. Intially you can just form LLC as single or joint partnership and then elect as S corporations for taxing.... I forget within which period it is to be done, if I correctly remember when you file your first tax return or within 6 months you need to elect as filing as single person entity( then it becomes like your personal income) or you could elect as S corp....
5. You will a tax id for the LLC, business license and other documents when you form a LLC, You will need to maintain book and tax records for 3 years... best to have it managed by an accountant
6. You/ your spouse can work for your LLC.... Some of you if you want to after 180 days change employers can move into your LLC and maintain that you are employed in same occupational duties for your own LLC...
Hope I have been able to answer your questions....:cool:
more...
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CADude
11-14 05:21 PM
It's call reseach topic.. We have to find some USCIS support documents for each case. We need some earlier USCIS decisions for each senarios/theories.
RG provided few supporting CIS rules in earlier post and seems logical. But not sure if RG or RK is right.
It's confusing indeed.
I went thru' both links posted above in thread.
It seems that according to RG, EAD will remain valid till the time to file appeal (MTR), once appeal is filed the applicant would be able to work. He also suggested to go on EAD to save any time remaining from initial 6 years.
According to RK, EAD will be invalidated, person is to be deported as soon as CIS denies 485 in error. He strongly suggest NOT TO GO on EAD if some one has H1 as an option.
According to Chandu's blog, RK seems to be correct; but then RG is also a very reputed and experienced immigration lawyer.
What is correct? Both are 180 degree opposite to each other? Any one?
RG provided few supporting CIS rules in earlier post and seems logical. But not sure if RG or RK is right.
It's confusing indeed.
I went thru' both links posted above in thread.
It seems that according to RG, EAD will remain valid till the time to file appeal (MTR), once appeal is filed the applicant would be able to work. He also suggested to go on EAD to save any time remaining from initial 6 years.
According to RK, EAD will be invalidated, person is to be deported as soon as CIS denies 485 in error. He strongly suggest NOT TO GO on EAD if some one has H1 as an option.
According to Chandu's blog, RK seems to be correct; but then RG is also a very reputed and experienced immigration lawyer.
What is correct? Both are 180 degree opposite to each other? Any one?
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gc28262
08-11 05:17 PM
hpandey,
I do not buy this argument because how come NSC is approving peoples I-140 filed concurrently in July-Aug 2007 or even non-concurrently filed as late as Oct 2007? How come Eb2 is moving so fast in NSC ?
Let me know what you think !
I remember some one posting on the forum few months ago that USCIS is not processing EB3 applications ( they were processing EB2 only).
The poster got the same reply after contacting USCIS through senator/congressman.
No wonder there is such a backlog of EB3 I-140s !
I do not buy this argument because how come NSC is approving peoples I-140 filed concurrently in July-Aug 2007 or even non-concurrently filed as late as Oct 2007? How come Eb2 is moving so fast in NSC ?
Let me know what you think !
I remember some one posting on the forum few months ago that USCIS is not processing EB3 applications ( they were processing EB2 only).
The poster got the same reply after contacting USCIS through senator/congressman.
No wonder there is such a backlog of EB3 I-140s !
more...
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gctest
09-14 02:40 PM
Well ...well ..well.... All this opposition tells me that I am on the right track along with all the people who support this cause.
Infact, we had seen similar opposition when we spoke against labor substitution in 2004 on immigrationcom website.
But labor substitution was stopped and DOL is currently auditing/investigating so many who used it. If you used labor substitution, you mostly should find that your I-140 is not getting adjudicated these days.
Interfiling while being the same company is totally illegal. Its tantamounts to fabricating the job requirements or asking you HR to "create a job position".
I whole heartedly support all EB3s who were qualified for EB2 when they filed their EB3 and we will keep this clause in mind when preparing the lawsuit.
Rest.. good luck.. you might even get your I-140 (or GC) approved based on PD porting ... but we will make sure that you get investigated eventually and the "incorrect decision" overturned.
Infact, we had seen similar opposition when we spoke against labor substitution in 2004 on immigrationcom website.
But labor substitution was stopped and DOL is currently auditing/investigating so many who used it. If you used labor substitution, you mostly should find that your I-140 is not getting adjudicated these days.
Interfiling while being the same company is totally illegal. Its tantamounts to fabricating the job requirements or asking you HR to "create a job position".
I whole heartedly support all EB3s who were qualified for EB2 when they filed their EB3 and we will keep this clause in mind when preparing the lawsuit.
Rest.. good luck.. you might even get your I-140 (or GC) approved based on PD porting ... but we will make sure that you get investigated eventually and the "incorrect decision" overturned.
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mirage
04-02 11:42 AM
I don't know what to tell you guys.. I'm surprised to see how some people's thought process work.
I have no Idea what's wrong in requesting USCIS to release some data which would tell how many applications they received of which chargeability and in which EB categories’ This is the only information needed to stop predicting, everybody here can make almost exact estimate when they can expect their application Adjudicated. And also in the mean time they should provide us assurance that they will issue EADs and APs in less than 90 days. We are in a foreign country and we need to travel to our home countries, if we are stuck with 1 year approvals our file is always in process, how do you plan a trip ???
Death in the family is the only reason they recognize as urgency for travel.
We are Humans, we have family back in our home countries, marriage in the family or family visit is also urgent..
To ask this you don’t need citizen rights you are asking a public agency a service which they are supposed to provide and they are charging us to do that...
I have no Idea what's wrong in requesting USCIS to release some data which would tell how many applications they received of which chargeability and in which EB categories’ This is the only information needed to stop predicting, everybody here can make almost exact estimate when they can expect their application Adjudicated. And also in the mean time they should provide us assurance that they will issue EADs and APs in less than 90 days. We are in a foreign country and we need to travel to our home countries, if we are stuck with 1 year approvals our file is always in process, how do you plan a trip ???
Death in the family is the only reason they recognize as urgency for travel.
We are Humans, we have family back in our home countries, marriage in the family or family visit is also urgent..
To ask this you don’t need citizen rights you are asking a public agency a service which they are supposed to provide and they are charging us to do that...
more...
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indio0617
03-09 11:03 AM
sen feinstein above amendment passes
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bobzibub
04-01 06:56 PM
I'd look at it a different way. Without USCIS u and I wudn't have made it to the US. When u came to the US, u implicitly agreed upon the rules and regulations of USCIS. When u applied for ur GC, u very well knew what USCIS is and how they function.They have an immigration system which has been going on for several years now and all the immigration aspirants have played by their rules and never questioned how it worked though their cases were delayed for whatever reason. Why shud the USCIS even entertain somebody questioning them now? They'll simply say...Who are u to ask? We have been functioning like this for ages now. If u dont like it, just say good bye...but this is how we function.
That is what every government wishes their citizens would do--just accept like obedient little sheep. I say that one should choose not to give them a free pass. Otherwise they'll continue to walk all over you. Citizen or not, being a sheep is not an option. Besides, we did not move to a dictatorship. We moved to a democracy--or at least it is trumpeted as such. Let them walk the walk.
That is what every government wishes their citizens would do--just accept like obedient little sheep. I say that one should choose not to give them a free pass. Otherwise they'll continue to walk all over you. Citizen or not, being a sheep is not an option. Besides, we did not move to a dictatorship. We moved to a democracy--or at least it is trumpeted as such. Let them walk the walk.
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qualified_trash
04-11 02:36 PM
In the larger scheme of things, we 350k do not matter and do not have the political clout of the 11 million illegals.
:D
So I do not think anything can happen by involving the media etc. in our cause. Getting a lobbying firm and lawyers to help is a much better way and will in the long run be more effective IMO. To this effect, I intend to contribute to Immigration Voice effort to hire a lobbying firm.
Dear "colleagues in faith" :-), there is only one way to change the things with this immigration trap - we have to win the public opinion!
Currently 350,000 highly qualified professionals working for this country are in a legal limbo which continues for years. Our current legal status is that of slaves. Yes, slaves! Nowadays it takes anywhere between 5 - 10 years from applying to receiving of a GC. We cannot change our employers within this period, the members of our families cannot work (at least legally) and our spouses lose their professional carrier; if our kids get in college they are treated as "aliens" (full tuition, no student loans, no scholarship); the loans we get are with higher interest rate (for "protection"); at the borders we are treated as "intruders" etc.
The average Americans are honest hardworking people. If they are aware of the immigration problems faced by 350,000 hardworking professionals in this country, they will raise their voice and will help for resolving of this issue. They just need to know that. I believe that in addition to talking to senators etc., we have to find ways our issues to reach the media - newspapers, magazines and so on. An article in Times may lead to a lot of positive changes in the immigration system.
:D
So I do not think anything can happen by involving the media etc. in our cause. Getting a lobbying firm and lawyers to help is a much better way and will in the long run be more effective IMO. To this effect, I intend to contribute to Immigration Voice effort to hire a lobbying firm.
Dear "colleagues in faith" :-), there is only one way to change the things with this immigration trap - we have to win the public opinion!
Currently 350,000 highly qualified professionals working for this country are in a legal limbo which continues for years. Our current legal status is that of slaves. Yes, slaves! Nowadays it takes anywhere between 5 - 10 years from applying to receiving of a GC. We cannot change our employers within this period, the members of our families cannot work (at least legally) and our spouses lose their professional carrier; if our kids get in college they are treated as "aliens" (full tuition, no student loans, no scholarship); the loans we get are with higher interest rate (for "protection"); at the borders we are treated as "intruders" etc.
The average Americans are honest hardworking people. If they are aware of the immigration problems faced by 350,000 hardworking professionals in this country, they will raise their voice and will help for resolving of this issue. They just need to know that. I believe that in addition to talking to senators etc., we have to find ways our issues to reach the media - newspapers, magazines and so on. An article in Times may lead to a lot of positive changes in the immigration system.
pappu
11-10 12:07 PM
jimi i will be communicating with you soon. i am travelling at this time but soon will touch base to get this rolling. thanks for your efforts
gccube
07-18 02:59 PM
Donot they limit to the apps with current PD. So if some one with PD 2001 Jan filed on July 15th 2007, he would not get his visa no until all the other guys filed with much later PDs got their GCs?
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