prashanthg
11-18 09:36 AM
Done.
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JazzByTheBay
09-28 04:36 PM
Given the number of questions and concerns IV members have about AC21 in general and "what after EAD/AP", it makes sense to coordinate with USCIS (and lawmakers if required) on this and get some favorable responses that allay everyone's concerns.
If EAD+AP are like a "provisional GC", USCIS should perhaps not delve too much into the job description of work done after the 180 days past AOS filing, imo. Just as in the case of GCs, the bar of intent to be employed in that job is met by working for that employer for 90-180 days (the latter to be on the safe side). The only reason this is such a huge issue is because of the unreasonable waiting time induced on the GC process due to retrogression.
As a result, folks from retrogression-affected countries suffer from these anxities, whereas those from unaffected countries get their GCs, and are free birds after the 90-180 day period.
It's unreasonable to expect folks from retrogressed countries to be employed in the same position, or to otherwise limit their options by imposing restrictions of new job being the same job description as the one on the approved labor cert.
jazz
First there is not enough AC21 cases to give feed back how their 485s were handled (approved/detail of RFE/denied) due to job change. Becase, almost all guys who used ac21 still in waiting game due to retrogression.
The main thing what I see here is, USCIS has not yet published the final regulation to interpret AC21 act, even after 7 years of passing AC21 act. They are issuing internal field office memo. These memos are non-binding. In other words, one cannot firmly relay on memos or challange the USCIS decision on AC21 portability according to these memos.
However, sofar, these memos are very favorable to workers, including allowing self-employment, one can port even before 140 approval ect...However, USCIS were cautioning in each memos, that the final regulation may be restrictive than memos. If they took restrictive position in final regulation, it will be a huge problem for most peoples, as they might have violated the final regulation.
Another issue is, definition of "same or similar occupational classification". This is going to be very subjective based on how uscis adjudicator going to compare old and new jobs. The memo says by comparing job duties both old and new jobs and based on SOC or ONET code of old and new job they have to decide both jobs are same or similar. As there is no clear regulation it is big issue to go howmuch level of similarity between jobs. For example one guy may think "database administrator" and "network administrator" are similar job to port. The USCIS may think it may not. It is not quantified.
I feel IV should advocate on liberal/quantifyable defintion for similar jobs in AC21 interpretation. For example, all computer professional jobs should be considered as similar jobs as well as all engineering jobs should be considered similar to port. For example mining engineer can port to chemical engineer job etc...
Also, if any one port to self employment in similar job, there is no much information available wheter one should open a company in his/her name or not (by just working in 1099 etc.. for multiple positions). This needs to have a flexible option for workers, like one can work in 1099 w/o opening a bussiness.
Also, IV should advocate on not to have any restrictive interpretation in final regulation.
If EAD+AP are like a "provisional GC", USCIS should perhaps not delve too much into the job description of work done after the 180 days past AOS filing, imo. Just as in the case of GCs, the bar of intent to be employed in that job is met by working for that employer for 90-180 days (the latter to be on the safe side). The only reason this is such a huge issue is because of the unreasonable waiting time induced on the GC process due to retrogression.
As a result, folks from retrogression-affected countries suffer from these anxities, whereas those from unaffected countries get their GCs, and are free birds after the 90-180 day period.
It's unreasonable to expect folks from retrogressed countries to be employed in the same position, or to otherwise limit their options by imposing restrictions of new job being the same job description as the one on the approved labor cert.
jazz
First there is not enough AC21 cases to give feed back how their 485s were handled (approved/detail of RFE/denied) due to job change. Becase, almost all guys who used ac21 still in waiting game due to retrogression.
The main thing what I see here is, USCIS has not yet published the final regulation to interpret AC21 act, even after 7 years of passing AC21 act. They are issuing internal field office memo. These memos are non-binding. In other words, one cannot firmly relay on memos or challange the USCIS decision on AC21 portability according to these memos.
However, sofar, these memos are very favorable to workers, including allowing self-employment, one can port even before 140 approval ect...However, USCIS were cautioning in each memos, that the final regulation may be restrictive than memos. If they took restrictive position in final regulation, it will be a huge problem for most peoples, as they might have violated the final regulation.
Another issue is, definition of "same or similar occupational classification". This is going to be very subjective based on how uscis adjudicator going to compare old and new jobs. The memo says by comparing job duties both old and new jobs and based on SOC or ONET code of old and new job they have to decide both jobs are same or similar. As there is no clear regulation it is big issue to go howmuch level of similarity between jobs. For example one guy may think "database administrator" and "network administrator" are similar job to port. The USCIS may think it may not. It is not quantified.
I feel IV should advocate on liberal/quantifyable defintion for similar jobs in AC21 interpretation. For example, all computer professional jobs should be considered as similar jobs as well as all engineering jobs should be considered similar to port. For example mining engineer can port to chemical engineer job etc...
Also, if any one port to self employment in similar job, there is no much information available wheter one should open a company in his/her name or not (by just working in 1099 etc.. for multiple positions). This needs to have a flexible option for workers, like one can work in 1099 w/o opening a bussiness.
Also, IV should advocate on not to have any restrictive interpretation in final regulation.
53885
05-24 01:09 PM
I guess I am the only one on this thread.
I guess many are still focussed on evaluating MBS, discussing CIR draft.....
instead of taking any action.
Sent emails to 20 more, for a total of 50.
I sent emails to 10 more senators.
I guess many are still focussed on evaluating MBS, discussing CIR draft.....
instead of taking any action.
Sent emails to 20 more, for a total of 50.
I sent emails to 10 more senators.
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immi2006
11-21 11:37 AM
I think courage to fight back can cure.
I came out of a rare disease myself in the last 2 year battle for which there was no cure.
You got to fight it out. My prayers are with you, hope the outcome is positive.
I came out of a rare disease myself in the last 2 year battle for which there was no cure.
You got to fight it out. My prayers are with you, hope the outcome is positive.
more...
snathan
02-11 11:42 AM
Thanks NK2006. Its now $1501.
mqualique
05-01 02:14 PM
Applying EB PD but using Visa number from FB Quota would be a awesome. Not sure what complications this may cause on the FB side. This seems like a visa-leak (like memory leak) scenario from FB. This will put GC Holders dependents at a disadvantaged position as compared to us who don't have GC yet because EB PD will always be ahead to FB PD due to 'Visa-Leak'.
more...
stuckinretro
06-26 12:52 PM
Discriminating based on Immigration status is not considered violation of EEO laws.
EEO protects from discrimination on the basis of race, sex, creed, religion, color, or national origin.
While we keep hearing the rhetoric about "H1B-only ads" by anti-immigrant groups, there is absolutely no news about thousands of "US Citizens only" or "US citizen or GC onl"y ads that we see every day.
While I understand there is a genuine case of 'Citizens Only' when it comes to jobs that involve national security, 98% of the job ads have nothing to do with national security and or government clearance. Most of these are clear and simple violations of Equal Employment Opportunity law, and hence illegal.
Since no one seems to be interested in reporting on this pervasive violation of law and illegal behavior, I have decided to start this thread to report on this highly-prevalent form of discrimination. I invite other members to post similar Job-ad E-mails on this thread (or open other threads) to highlight this issue. This will enable us to post the links whenever someone brings-up the issue of H1b-only Ads next trime. It might also enable members to report to EEOC in large numbers and/or shame the recruiters/employers from posting such blatantly discriminatory job ads.
------------------------------------------------------------------------------
Hi:
Greetings for the Day!
This is Ruby from Charter Global Inc. Our client is looking for a "Java/ J2ee Developer" in Warren NJ. This could be a great opportunity for you and all you need is to reply to this message to indicate your interest, availability, legal status and salary requirements with your updated resume to present to our client.
Rate: $42/ hr during the contract
Job Title: Java/ J2ee Developer
Location: Warren NJ
Duration: 6 Months Contract with possible extension
Client for this position is looking for Only US Citizens
Strong J2EE, Java, Struts, Oracle resumes right away
Plus: Spring and Hibernate
Regards
Ruby Roy
Technical Recruiter
Charter Global, Inc.
Toll Free: (866) 570-1818 X 337
Fax: 404-745-8755
E-mail: Ruby@charterglobal.com
URL: Welcome to Charter Global Inc. (http://www.charterglobal.com)
-----------------------------------------------------
EEO protects from discrimination on the basis of race, sex, creed, religion, color, or national origin.
While we keep hearing the rhetoric about "H1B-only ads" by anti-immigrant groups, there is absolutely no news about thousands of "US Citizens only" or "US citizen or GC onl"y ads that we see every day.
While I understand there is a genuine case of 'Citizens Only' when it comes to jobs that involve national security, 98% of the job ads have nothing to do with national security and or government clearance. Most of these are clear and simple violations of Equal Employment Opportunity law, and hence illegal.
Since no one seems to be interested in reporting on this pervasive violation of law and illegal behavior, I have decided to start this thread to report on this highly-prevalent form of discrimination. I invite other members to post similar Job-ad E-mails on this thread (or open other threads) to highlight this issue. This will enable us to post the links whenever someone brings-up the issue of H1b-only Ads next trime. It might also enable members to report to EEOC in large numbers and/or shame the recruiters/employers from posting such blatantly discriminatory job ads.
------------------------------------------------------------------------------
Hi:
Greetings for the Day!
This is Ruby from Charter Global Inc. Our client is looking for a "Java/ J2ee Developer" in Warren NJ. This could be a great opportunity for you and all you need is to reply to this message to indicate your interest, availability, legal status and salary requirements with your updated resume to present to our client.
Rate: $42/ hr during the contract
Job Title: Java/ J2ee Developer
Location: Warren NJ
Duration: 6 Months Contract with possible extension
Client for this position is looking for Only US Citizens
Strong J2EE, Java, Struts, Oracle resumes right away
Plus: Spring and Hibernate
Regards
Ruby Roy
Technical Recruiter
Charter Global, Inc.
Toll Free: (866) 570-1818 X 337
Fax: 404-745-8755
E-mail: Ruby@charterglobal.com
URL: Welcome to Charter Global Inc. (http://www.charterglobal.com)
-----------------------------------------------------
2010 Darling Prabhas:
rk07
09-21 11:35 AM
I am in the same boat...with approved 140 from TSC.
So I believe my case might have been transferred to TSC.
Ashish,
When exactly you filed and what center?
Thanks,
-rk.
So I believe my case might have been transferred to TSC.
Ashish,
When exactly you filed and what center?
Thanks,
-rk.
more...
knnmbd
05-04 03:24 PM
So if the kid gets his GC and you do too because he, like many other kids, are removed from the queue, is that a problem or a good thing?
Plus in a lot of fields, having an MS or PhD is absolutely necessary.
mrajatish,
I think you get the point. This will clear a lot of people from the queue...
Plus in a lot of fields, having an MS or PhD is absolutely necessary.
mrajatish,
I think you get the point. This will clear a lot of people from the queue...
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dvb123
05-02 11:48 AM
I know that IV core members are busy with their own jobs and helping with IV but I think this is an important discussion because it can be done with an administrative fix. If primary applicants are allotted GC's from EB 1,2 and 3 and dependents from FB2A it saves a lot of visa numbers. Somebody pls contact IV core directly and get them involved in this discussion.
This concept is not unique and is being done for age out children before CSPA (Child status protection act) and for children of US citizens and permanent residents who get married before getting GC.
PLS SEE THIS VERY IMPORTANT ARTICLE
http://www.ilw.com/articles/2004,1221-wheeler.shtm
This concept is not unique and is being done for age out children before CSPA (Child status protection act) and for children of US citizens and permanent residents who get married before getting GC.
PLS SEE THIS VERY IMPORTANT ARTICLE
http://www.ilw.com/articles/2004,1221-wheeler.shtm
more...
javadeveloper
07-20 09:12 PM
IF you are in such a big hole, you will have to come forward and work for yourself. We want others to work for us and solve our problems. That is my issue here. With 11.25 K EB3 members we would have still collected quarter million bucks.(@ 25$/person) If EB3-I does not care for itself, why would anybody else give a damn? (PS : I did contribute for the drive as I want everybody's issues with respect to GC resolved, not just mine)
So, the original post still stands true.
Problem was ours (EB2 & EB3) and we fought together until EB2&EB3 dates were retrogressed.Now the problem is only for EB3s so EB3s only have to come forward and work for ourselves. Thank you Sir...
What I am saying is we(EB2&3) will fight together and you are saying that It's your problem and you(EB3) have to work for yourself.So do we have to start a new community called eb3immigrationvoice?
So, the original post still stands true.
Problem was ours (EB2 & EB3) and we fought together until EB2&EB3 dates were retrogressed.Now the problem is only for EB3s so EB3s only have to come forward and work for ourselves. Thank you Sir...
What I am saying is we(EB2&3) will fight together and you are saying that It's your problem and you(EB3) have to work for yourself.So do we have to start a new community called eb3immigrationvoice?
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z029556
09-27 02:14 PM
Hi Guys,
My application was sent on Aug 7th reached USCIS (NSC)on Aug 8th. Recieved my reciept # on Sep 24 from lawyer. But my wife hasn't recieved the RN. Was wondering if any one are in the same boat.
Regards
VJ
My application was sent on Aug 7th reached USCIS (NSC)on Aug 8th. Recieved my reciept # on Sep 24 from lawyer. But my wife hasn't recieved the RN. Was wondering if any one are in the same boat.
Regards
VJ
more...
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atlfp
05-05 10:36 PM
He introduced the bill because he knows the problem very well. So we don't really need to flood him to push him (to thank him makes sense). The focus should be try to get other Senators onboard.
keep pressure on Cronyn to put it on debate by contacting him by fone or fax
keep pressure on Cronyn to put it on debate by contacting him by fone or fax
tattoo Darling Prabhas
nikreddy
06-26 05:46 PM
guys new to this forum. Was in another forum. But here is the real deal.
Its not a question of blood sucking etc...i know, i was very involved in my company. The real reason for delaying the I-485 process is the company has to really disclose a lot ( i mean a lot) of its financial information about itself to USCIS,( including the latest tax returns) etc..
A lot of small business do not want to do that as they differ their taxes for years. Tax differment is not new ( read about News Corp). These companies do not want to get into these situations.
thats it my 2 cents...from the inside
Its not a question of blood sucking etc...i know, i was very involved in my company. The real reason for delaying the I-485 process is the company has to really disclose a lot ( i mean a lot) of its financial information about itself to USCIS,( including the latest tax returns) etc..
A lot of small business do not want to do that as they differ their taxes for years. Tax differment is not new ( read about News Corp). These companies do not want to get into these situations.
thats it my 2 cents...from the inside
more...
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Lisap
09-01 07:33 PM
Hi Lisap
How come you have EAD card even before the Checks have been cashed?
i thought Uscis first cashes the checks
thanks
Thats a really good question and I am not sure what to do about it. I checked my account today and still the checks have not been cashed....
How come you have EAD card even before the Checks have been cashed?
i thought Uscis first cashes the checks
thanks
Thats a really good question and I am not sure what to do about it. I checked my account today and still the checks have not been cashed....
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chandarc
11-19 01:51 PM
Done.
more...
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n_2006
06-27 10:29 AM
If you are consulting and not getting bench period salary, try to be out of project for some time and ask him to pay for that period. According to H1B he supposed to pay the salary. Probably at that point he has to let you go.
Here you go - These are the wordings !
$$$$
1. Employee had agreed to pay $ 10,000 if Employee resigns within first year of receiving the green card (hereinafter �Commitment Period�). After payment of the salary for the working days till the commitment period subject to all applicable payroll taxes and deductions, completes the transaction and Employee agrees that he has no other claims against the company.
$$$$$
Also there are more sensitive clauses like >>>>
8. EMPLOYEE ACKNOWLEDGES THAT THIS AGREEMENT CREATES A PERMANENT BAR AGAINST THE FILING OF ANY LAWSUIT OR THE ASSERTION OF ANY LEGAL CLAIM WHATSOEVER AGAINST ANY RELEASEE WITH RESPECT TO ANY ACTS, OMISSIONS, OBLIGATIONS, BREACHES, OR DAMAGES ARISING OR OCCURRING PRIOR TO THE EXECUTION HEREOF, WHETHER KNOWN OR UNKNOWN BY EMPLOYEE.
BY SIGNING THIS AGREEMENT, EMPLOYEE STATES THAT HE:
a) HAS READ IT AND HAS HAD SUFFICIENT TIME TO CONSIDER ITS TERMS;
b) UNDERSTANDS IT AND KNOWS THAT HE IS GIVING UP IMPORTANT RIGHTS;
c) AGREES WITH EVERYTHING IN IT;
d) HAS CONSULTED WITH AN ATTORNEY BEFORE SIGNING IT; AND
3
e) HAS SIGNED IT KNOWINGLY AND VOLUNTARILY.
FOR A PERIOD OF SEVEN (7) DAYS AFTER THE EXECUTION OF THIS AGREEMENT BY EMPLOYEE, EMPLOYEE MAY REVOKE THIS AGREEMENT; AND THIS AGREEMENT SHALL NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL THE REVOCATION PERIOD HAS EXPIRED.
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement.
Here you go - These are the wordings !
$$$$
1. Employee had agreed to pay $ 10,000 if Employee resigns within first year of receiving the green card (hereinafter �Commitment Period�). After payment of the salary for the working days till the commitment period subject to all applicable payroll taxes and deductions, completes the transaction and Employee agrees that he has no other claims against the company.
$$$$$
Also there are more sensitive clauses like >>>>
8. EMPLOYEE ACKNOWLEDGES THAT THIS AGREEMENT CREATES A PERMANENT BAR AGAINST THE FILING OF ANY LAWSUIT OR THE ASSERTION OF ANY LEGAL CLAIM WHATSOEVER AGAINST ANY RELEASEE WITH RESPECT TO ANY ACTS, OMISSIONS, OBLIGATIONS, BREACHES, OR DAMAGES ARISING OR OCCURRING PRIOR TO THE EXECUTION HEREOF, WHETHER KNOWN OR UNKNOWN BY EMPLOYEE.
BY SIGNING THIS AGREEMENT, EMPLOYEE STATES THAT HE:
a) HAS READ IT AND HAS HAD SUFFICIENT TIME TO CONSIDER ITS TERMS;
b) UNDERSTANDS IT AND KNOWS THAT HE IS GIVING UP IMPORTANT RIGHTS;
c) AGREES WITH EVERYTHING IN IT;
d) HAS CONSULTED WITH AN ATTORNEY BEFORE SIGNING IT; AND
3
e) HAS SIGNED IT KNOWINGLY AND VOLUNTARILY.
FOR A PERIOD OF SEVEN (7) DAYS AFTER THE EXECUTION OF THIS AGREEMENT BY EMPLOYEE, EMPLOYEE MAY REVOKE THIS AGREEMENT; AND THIS AGREEMENT SHALL NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL THE REVOCATION PERIOD HAS EXPIRED.
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement.
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rk07
09-20 10:09 PM
Seshu,
Did you file at NSC?
seshuvaidehi
Junior Member Join Date: Jul 2007
Posts: 3
--------------------------------------------------------------------------------
Labor Certified in June 2006-India
I-140 approved Dec 2006
I-485 filed on July 23rd 2007 > Checks got cashed > Got Recipt:WAC ###
EAD filed on July 23rd 2007 > Checks got cashed > Got Recipt:WAC ###
AP filed on July 23rd 2007 > Checks got cashed > Got Recipt : WAC ###
How do I check if EAD card has been ordered and/or AP approved?
Your all are awesome and Thanks to Immigration Voice.
Did you file at NSC?
seshuvaidehi
Junior Member Join Date: Jul 2007
Posts: 3
--------------------------------------------------------------------------------
Labor Certified in June 2006-India
I-140 approved Dec 2006
I-485 filed on July 23rd 2007 > Checks got cashed > Got Recipt:WAC ###
EAD filed on July 23rd 2007 > Checks got cashed > Got Recipt:WAC ###
AP filed on July 23rd 2007 > Checks got cashed > Got Recipt : WAC ###
How do I check if EAD card has been ordered and/or AP approved?
Your all are awesome and Thanks to Immigration Voice.
hairstyles Prabhas starrer #39;Darling#39; is
andycool
08-24 05:58 PM
Got the CPO email at 11 PST today (8/24) !!!
Priority Date: Feb 12, 2006
EB2 India, NSC
I opened an SR on 8/9 but I haven't received any response to it. I didn't do anything else.
A huge Thanks to IV and everyone here - you kept the hopes up.
I'll contribute more as soon as I get my head out of the clouds :)
Thanks and Good luck!
Got CPO today..
Priority Date: Feb 21, 2006
EB2 India, NSC
Thanks every one
Priority Date: Feb 12, 2006
EB2 India, NSC
I opened an SR on 8/9 but I haven't received any response to it. I didn't do anything else.
A huge Thanks to IV and everyone here - you kept the hopes up.
I'll contribute more as soon as I get my head out of the clouds :)
Thanks and Good luck!
Got CPO today..
Priority Date: Feb 21, 2006
EB2 India, NSC
Thanks every one
sanjay05
02-05 01:08 PM
No FP yet for me too.July 2 filer. Application at TSC.
I received my FP 4 days after infopass,
http://immigrationvoice.org/forum/showthread.php?t=16939
I received my FP 4 days after infopass,
http://immigrationvoice.org/forum/showthread.php?t=16939
hsingh82
11-17 03:21 PM
Thanks!
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