mps
08-15 05:00 PM
:p You just killed spirit of "AC21"
:D Now you may want to add that - USCIS should request proof of employement each year from anyone who gets GC in EB category right !
I noticed a flaw in GC process with respect to �Ability to pay� and �AC21�
Here are the definitions
Ability to pay - Suppose a company files for I-140, it has to prove its ability to pay the proffered wage to the beneficiary.
AC21 states that an employee can change jobs to a similar position if I-485 is pending for more than 180 days. This could happen when I-485 is pending for more than 180 days or after its approval.
Let�s consider the following scenario
1) Company A files for I-140 and I-485 concurrently and proves its ability to pay the proffered wage to the beneficiary at I-140 stage.
2) I-140 gets approved and I-485 is pending for more than 180 days.
3) The employee quits employer A and remains idle (or) becomes self employed (or) joins employer B in a different position.
4) During the I-485 adjudication he provides an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A and says that he intends to work with employer C after I-485 approval.
5) I-485 gets approved.
Here is the flaw. USCIS doesn�t check if employer C has the ability to pay the proffered wage to the beneficiary. All it asks for is an offer letter with wage, duties and annual salary.
What if company C is running in loss and not in a position to pay the proffered wage.
Why should USCIS make a big deal out of ability to pay when it�s not checked across all employers where the beneficiary intends to work?
:D Now you may want to add that - USCIS should request proof of employement each year from anyone who gets GC in EB category right !
I noticed a flaw in GC process with respect to �Ability to pay� and �AC21�
Here are the definitions
Ability to pay - Suppose a company files for I-140, it has to prove its ability to pay the proffered wage to the beneficiary.
AC21 states that an employee can change jobs to a similar position if I-485 is pending for more than 180 days. This could happen when I-485 is pending for more than 180 days or after its approval.
Let�s consider the following scenario
1) Company A files for I-140 and I-485 concurrently and proves its ability to pay the proffered wage to the beneficiary at I-140 stage.
2) I-140 gets approved and I-485 is pending for more than 180 days.
3) The employee quits employer A and remains idle (or) becomes self employed (or) joins employer B in a different position.
4) During the I-485 adjudication he provides an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A and says that he intends to work with employer C after I-485 approval.
5) I-485 gets approved.
Here is the flaw. USCIS doesn�t check if employer C has the ability to pay the proffered wage to the beneficiary. All it asks for is an offer letter with wage, duties and annual salary.
What if company C is running in loss and not in a position to pay the proffered wage.
Why should USCIS make a big deal out of ability to pay when it�s not checked across all employers where the beneficiary intends to work?
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priti8888
08-16 11:09 AM
Most IO in India are not aware of "AP"...They ask if you have a GC , H1B ,F1 or tourist visa. Here's what we and our friends have done and it works..
Make a copy of AP and highlight the sentence where it mentions that "this person is allowed to travel....blah blah...". Paper clip the original AP along with it . The IO will cautiosly compare the original to the duplicate.And tell them that you are in the Final stage of GC process...
They have only few mins to look over all your docs...(PP, AP,EAD..Etc...so you might as well help them by highlighting what exactly he needs to see.
Make a copy of AP and highlight the sentence where it mentions that "this person is allowed to travel....blah blah...". Paper clip the original AP along with it . The IO will cautiosly compare the original to the duplicate.And tell them that you are in the Final stage of GC process...
They have only few mins to look over all your docs...(PP, AP,EAD..Etc...so you might as well help them by highlighting what exactly he needs to see.
cram
08-23 09:55 PM
bumping^^^^^
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svr_76
01-09 03:32 PM
Use of such words is treated as a racial slur :-)
[Ref: Ongoing Cricket series between Australia and India]
[Ref: Ongoing Cricket series between Australia and India]
more...
jvs
09-23 02:27 PM
I applied for my second AP on 08/11/2009, was approved on 09/03/2009, was received at the attorney's office on 09/10/2009. Service center NSC.
No FP was done. FWIW my last FP was in Jan 09.
Did you guys have to go through FP for the APs? Will they take FP again even if they have done that before.
No FP was done. FWIW my last FP was in Jan 09.
Did you guys have to go through FP for the APs? Will they take FP again even if they have done that before.
VivekAhuja
11-25 11:27 PM
CIR must be defeated. It has no benefits for legal immigrants but only for illegal immigrants. Worksite enforcement must be increased to make it impossible for illegal immigrants to make a living in the USA. If not, USA will become like Mexico and USA will lose it's magnet for attracting the world's best!
The economic basis for CIR is stupid. Illegals can still pay taxes using a TIN number. Most illegals make minimum wage - some might not even fall under the preview of the US tax law.
CIR is only a way for hispanic politicians to gain ground in the US. 90% of US problems are because of illegal immigration. Imagine if we have 15 million illegals legal - now, they are no longer doing jobs tha Americans want to do but they feel (and are probably going get fast track) like they are American citizens and demand non-farm American jobs. The whole cycle is stupid.
The economic basis for CIR is stupid. Illegals can still pay taxes using a TIN number. Most illegals make minimum wage - some might not even fall under the preview of the US tax law.
CIR is only a way for hispanic politicians to gain ground in the US. 90% of US problems are because of illegal immigration. Imagine if we have 15 million illegals legal - now, they are no longer doing jobs tha Americans want to do but they feel (and are probably going get fast track) like they are American citizens and demand non-farm American jobs. The whole cycle is stupid.
more...
TUnlimited
09-16 12:46 PM
I don't know what "UNKNOWN" means. My wife is on her F1 (OPT). Same is the case with my friend. Both of our's says unknown.
TUnlimited: is your wife also on F1? I am about to call USCIS customer service on Monday.
Guys, please update if you know any more details about this.
No. My wife is H4. Call them and let us know what they said...
TUnlimited: is your wife also on F1? I am about to call USCIS customer service on Monday.
Guys, please update if you know any more details about this.
No. My wife is H4. Call them and let us know what they said...
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prinive
01-02 03:11 PM
The way USCIS behave anything can happen any time...
Dont loose your heart ...
You just started the journey....
Good Luck...
Hi Everybody,
I know that nobody has an answer for my question, but still i would like to get the views/inputs from the seniors here , who have experience with USCIS.
When do you think a person with PD of Nov 2007 ,EB3 from India, would be able to file for 485??
Dont loose your heart ...
You just started the journey....
Good Luck...
Hi Everybody,
I know that nobody has an answer for my question, but still i would like to get the views/inputs from the seniors here , who have experience with USCIS.
When do you think a person with PD of Nov 2007 ,EB3 from India, would be able to file for 485??
more...
Prashanthi
06-29 01:28 PM
I have questions on the facts of your case, you say that a recruiter signed a contract on your behalf?, how is that possible?, the contract would then be between the recruiter and your employer, unless you signed a separate contract with the recruiter agreeing to certain terms and conditions, also it is not clear if your recruiter is in the US or in Phillipines, many other aspects are not very clear. Therefore i gave you a general response as to what happens in these situations, if you need a more specific response to your questions, i suggest that you consult an attorney over the phone or in person, it would make more sense to look at the contract in question and then give you advice on your problem.
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140jibjab
01-08 04:36 PM
When you go to get social security # with I797 the Buddas/Buddis at the counter wil ask for the Passport and Stamping..... and just the 797 will not suffice....
more...
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vgayalu
01-24 11:42 AM
Dinosys,
Please do not ask to stop working on I 485 filing.
We have a chance to understand that you are mean and selfish.
Please stop your arguments and creating new threads on this issue.
Try to understand the frustation of the guys who complted I 140 and waiting to file I485.
Here in IV Most of the guys are waiting to file I485 . Maximum guys are contributing from the same group.
Asking for greater job flexibility is the goal that IV can reach within this session of the house itself. This is what it should focus upon. This will mean that within a couple of months EB based GC seekers will start getting offers with better salaries and better benefits.[/QUOTE]
Please do not ask to stop working on I 485 filing.
We have a chance to understand that you are mean and selfish.
Please stop your arguments and creating new threads on this issue.
Try to understand the frustation of the guys who complted I 140 and waiting to file I485.
Here in IV Most of the guys are waiting to file I485 . Maximum guys are contributing from the same group.
Asking for greater job flexibility is the goal that IV can reach within this session of the house itself. This is what it should focus upon. This will mean that within a couple of months EB based GC seekers will start getting offers with better salaries and better benefits.[/QUOTE]
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nagio
11-08 12:36 PM
Keep checking the dates. As mentioned in the earlier post, dates were opening just before two weeks. I would not recommend taking emergency appointment unless it is a true emergency.
more...
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LayoffBlog
01-27 01:32 PM
High-tech glass and ceramics maker Corning Inc. - which makes glass for LCD screens and monitors in addition to fiber-optic technology - announced Tuesday it will cut 3,500 jobs, or 13% of the company’s workforce, by the end of 2009.Source: CNNMoneyPosted in Manufacturing, US Tagged: Corning, Corning layoff, Corning layoffs http://stats.wordpress.com/b.gif?host=layoffblog.com&blog=5255291&post=1261&subd=layoffblog&ref=&feed=1
More... (http://layoffblog.com/2009/01/27/corning-slashes-3500-jobs/)
More... (http://layoffblog.com/2009/01/27/corning-slashes-3500-jobs/)
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somegchuh
06-10 06:45 PM
I was wondering if anyone here who had a canadian PR (i.e. did a landing), got GC later has travelled again to Canada again?
We got canadian PR in 2005 and did a landing while we were waiting for our GC. We got a our GC last year and are planning to visit canada using our GC. Are there going to be any issue in entering canada?
Also, we travelled to India last year and received new I-94 when we got back into US using AP. Very soon (days) we received our GC's. I am not sure what do with these I-94's when we leave US. Do we still need to surrender these as in the past?
We got canadian PR in 2005 and did a landing while we were waiting for our GC. We got a our GC last year and are planning to visit canada using our GC. Are there going to be any issue in entering canada?
Also, we travelled to India last year and received new I-94 when we got back into US using AP. Very soon (days) we received our GC's. I am not sure what do with these I-94's when we leave US. Do we still need to surrender these as in the past?
more...
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vxb2004
11-25 01:24 PM
Thank you very much for all your inputs. I hope everything goes well.
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Alabaman
05-18 07:16 PM
Good job! However, like I and some other people on this forum have mentioned before, there is the need to de-emphasize our course as an Indian course. We know the majority of people in the GC process are of Indian or Chinese origin but we should recognize we need an all-inclusive approach to this struggle.
I clicked on the link and the headline read "Indian immigrants in US raise voices" While I understand that this might have come from the reporters who put togther the news, it is important that the members of IV at the forefront of this campaign and indeed all members on this forum, portray our course as as a high-skilled immigrant course and NOT an Indian or Chinese course.
Just something to think about!
Great work IV core team! EB immigration will be benefited by the work done by IV core team sooner or later. Keep it up!!
One will wonder that Indian Government will do something as the India and her economy are benefited by EB immigration big time in last decade. In the global economy the overseas workers are the greatest strength India has and as usual they are completely ignoring the problems faced by EB immigrants in the USA.
Just a thought,
I clicked on the link and the headline read "Indian immigrants in US raise voices" While I understand that this might have come from the reporters who put togther the news, it is important that the members of IV at the forefront of this campaign and indeed all members on this forum, portray our course as as a high-skilled immigrant course and NOT an Indian or Chinese course.
Just something to think about!
Great work IV core team! EB immigration will be benefited by the work done by IV core team sooner or later. Keep it up!!
One will wonder that Indian Government will do something as the India and her economy are benefited by EB immigration big time in last decade. In the global economy the overseas workers are the greatest strength India has and as usual they are completely ignoring the problems faced by EB immigrants in the USA.
Just a thought,
more...
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ragz4u
05-23 10:46 AM
This article was a result of the hard work done by Salil. He pursued the local paper to run a story on LEGAL immigration and ensured that we get due media attention
Thanks a bunch Salil.
Btw, the bonus is the Immigration Voice poster in his hand. That was really smart thinking :)
http://www.tulsaworld.com/NewsStory.asp?ID=060523_Ne_A1_Still55192#
Thanks a bunch Salil.
Btw, the bonus is the Immigration Voice poster in his hand. That was really smart thinking :)
http://www.tulsaworld.com/NewsStory.asp?ID=060523_Ne_A1_Still55192#
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cbpds
09-01 07:12 PM
Even children in India are not looking after their parents properly as our parents looked after theirs.
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baleraosreedhar
01-08 12:53 PM
My wife had recently changed her status from H4 to H1 and had applied her SSN and got it.
So i dont think there's any new rule.
if you have a valid I94 then it should not cause any issue
So i dont think there's any new rule.
if you have a valid I94 then it should not cause any issue
ivgclive
04-13 09:24 AM
It is good that you came out at last to check in IV.
You and your employer are tied on a fraud rope strongly, you can not get out of it. If he wants to jump into the water or you, you guys pull each other.
Hi,
I am on H1B without job and no paystubs.
My employer has been trying to find a project for me but till now he couldnt get anything.
Its been 6 months alreay since I am on H1B visa.
He made me modify my actual experience to include fake projects .
Now I am thinking of filing a complaint to DOL.
I have my H1B petition and offer letter from the employer.
But I am worried that if I file complaint ,my employer will threaten me telling that I faked my experience and submitted fake resumes.
What should I do? Will DOL take any action against me?
Any success stories of DOL complaint filing?
You and your employer are tied on a fraud rope strongly, you can not get out of it. If he wants to jump into the water or you, you guys pull each other.
Hi,
I am on H1B without job and no paystubs.
My employer has been trying to find a project for me but till now he couldnt get anything.
Its been 6 months alreay since I am on H1B visa.
He made me modify my actual experience to include fake projects .
Now I am thinking of filing a complaint to DOL.
I have my H1B petition and offer letter from the employer.
But I am worried that if I file complaint ,my employer will threaten me telling that I faked my experience and submitted fake resumes.
What should I do? Will DOL take any action against me?
Any success stories of DOL complaint filing?
realizeit
03-20 02:13 PM
The best time for seeing any good result for lobbying in the next 8 years would be the end of 2008. Precisely, from Nov-02-2008 till the day, the new president swears in.
If you go through the records of the past presidencies, you can see one interesting thing: Whenever the presidency changes from one person to another, that period is the best to make any sweeping changes that can be done administratively. Bill clinton passed many executive orders during the last 1.5 months of his presidency. The reason for this is: the ruling party will not oppose this as the election is over. The new president will also not oppose this as the election is over and the bad blood of any of this action will not fall on him as well. On top of that, the new president need not address any contentious issues as an initiative from his side. If the old president started something, he could always portray that, he is making the situation better.
The best example for this kind of presidential action: There is a proposal from many parts of the political spectrum to lift the cuban embargo. No one is ready to do that as everyone is scared how it will affect them. If the passing president does this during the last 1.5 months, the blame will only fall on the president and it will not fall on the party or the opposition or on the new president. At the same time, the passing president will be portrayed in the history as someone who did some sweeping change.
Once the new president swears in, he won't be in a position to do sweeping changes as there is always a concern for second term, approval rating etc etc.
Well, the best time for lobbying in the next 8 years would be the end of this year, after Nov 2.
If you go through the records of the past presidencies, you can see one interesting thing: Whenever the presidency changes from one person to another, that period is the best to make any sweeping changes that can be done administratively. Bill clinton passed many executive orders during the last 1.5 months of his presidency. The reason for this is: the ruling party will not oppose this as the election is over. The new president will also not oppose this as the election is over and the bad blood of any of this action will not fall on him as well. On top of that, the new president need not address any contentious issues as an initiative from his side. If the old president started something, he could always portray that, he is making the situation better.
The best example for this kind of presidential action: There is a proposal from many parts of the political spectrum to lift the cuban embargo. No one is ready to do that as everyone is scared how it will affect them. If the passing president does this during the last 1.5 months, the blame will only fall on the president and it will not fall on the party or the opposition or on the new president. At the same time, the passing president will be portrayed in the history as someone who did some sweeping change.
Once the new president swears in, he won't be in a position to do sweeping changes as there is always a concern for second term, approval rating etc etc.
Well, the best time for lobbying in the next 8 years would be the end of this year, after Nov 2.
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