minimalist
03-31 12:53 PM
We have to understand that there is a myriad of laws; INA, CFR's; USCIS policy binding memos; internal memos; appeals decisions, court cases, precedent aao decisions, precedent legal cases.
Now; the ac21 memo is a memo that uscis officers have to follow. However; the memo is not in accordanc with INA 245 or AC21.
INA 245 states that a valid and approved 140 is needed for a person to get lawful permanent residency.
ac21 says that a person can change jobs after 485 has been pending for more then 180 days.
The above two things are the law.
In ac21 law; it doesn't say anything about the scenario if 140 is revoked by employer. It is totally silent to it.
USCIS in their memos realized that ac21 law would not have any meaning if the employer still controlled the 140 if a person was eligible for ac21; therefore, they issued the memo (memo is not law but binding; memos can be changed; however, there has been nothing public about any possible change).
Memo is clarification which they have been following for many years and as far as I know still binding.
Kepp up the good work.
Now; the ac21 memo is a memo that uscis officers have to follow. However; the memo is not in accordanc with INA 245 or AC21.
INA 245 states that a valid and approved 140 is needed for a person to get lawful permanent residency.
ac21 says that a person can change jobs after 485 has been pending for more then 180 days.
The above two things are the law.
In ac21 law; it doesn't say anything about the scenario if 140 is revoked by employer. It is totally silent to it.
USCIS in their memos realized that ac21 law would not have any meaning if the employer still controlled the 140 if a person was eligible for ac21; therefore, they issued the memo (memo is not law but binding; memos can be changed; however, there has been nothing public about any possible change).
Memo is clarification which they have been following for many years and as far as I know still binding.
Kepp up the good work.
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mdmd10
09-17 11:54 AM
Rep. Lofgren is discussing the amendment proposed by Rep. Lamar Smith by quoting a specific INA act. Proceedings are still going on.
santb1975
01-30 09:04 PM
Let us bring our questions up. Have your spouses vote as well
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logiclife
03-08 11:23 AM
The FEAR I see among many people is really pathatic, I know couple of friends does not even want to talk to me on phone about this matter thinking that some one might be listening,
Sometimes, the fears arise from watching too many movies. Like the movie "Enemy of the State" where some govt agencies hunt down Will Smith and unravel his life apart. Remember? Gene Hackman : "US Govt has computers underground that are several square miles and they track every wire, every airwave....".
What a bunch of ****.
Firstly, its a movie. Secondly even if its true, what's there to be afraid of??? If you talk on the phone about legal course of action to lobby, why would you be afraid of.
Like I said, you have to give some credit to the Irish. They have the chutzpah of going to lawmaker's offices in DC and say "I am an illegal...I broke the laws and overstayed my visa...please change to law to make everything ok again for me please...". And our community thinks that someone is listening to their phone conversation about how to raise money and lobby for the legal immigrants?????
Sometimes, the fears arise from watching too many movies. Like the movie "Enemy of the State" where some govt agencies hunt down Will Smith and unravel his life apart. Remember? Gene Hackman : "US Govt has computers underground that are several square miles and they track every wire, every airwave....".
What a bunch of ****.
Firstly, its a movie. Secondly even if its true, what's there to be afraid of??? If you talk on the phone about legal course of action to lobby, why would you be afraid of.
Like I said, you have to give some credit to the Irish. They have the chutzpah of going to lawmaker's offices in DC and say "I am an illegal...I broke the laws and overstayed my visa...please change to law to make everything ok again for me please...". And our community thinks that someone is listening to their phone conversation about how to raise money and lobby for the legal immigrants?????
more...
pcs
09-13 02:09 PM
Just wait for some time for instructions. They may not like to expose their strato on this public place. But trust me they must be on it .....
rkumar18
07-18 12:06 PM
USCIS doesn't use postmark date. Don't sperad incorrect info and don't make other members anxious needlessly.
July 2nd filers are fine. Don't worry. Just wait for your receipt notices. We have been through a lot of stress in last month and its time to relax now (for those who already filed).
:D True we've had enough of this BS already.
July 2nd filers are fine. Don't worry. Just wait for your receipt notices. We have been through a lot of stress in last month and its time to relax now (for those who already filed).
:D True we've had enough of this BS already.
more...
still_waiting
04-26 12:48 PM
contributed $100 with pay date of 05/01/06.
You guys are doing great job !
You guys are doing great job !
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Bytes4Lunch
08-20 01:03 PM
very good information. Thanks add78.
Small query. If I am in my sixth year of H1B today, and if I file for H1 extension,
1. with same employer, I actually got 3 years extension. (being 140 approved)
2. with diff. employer, would I get 3 years or just six months, or not at all?
With different employer, you can get 3 years as well, if the new employer has filed for a new PERM and you have received an approved I-140.
Small query. If I am in my sixth year of H1B today, and if I file for H1 extension,
1. with same employer, I actually got 3 years extension. (being 140 approved)
2. with diff. employer, would I get 3 years or just six months, or not at all?
With different employer, you can get 3 years as well, if the new employer has filed for a new PERM and you have received an approved I-140.
more...
rambab
07-15 06:39 PM
signed
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bugsbunny
04-20 06:46 PM
no one...and i mean no one... should be allowed to use foul language/ make personal attacks period....this is not allowed in most public forums...and it results in short term to long term banning and automatic deletion of posts.
more...
gc_on_demand
06-13 10:04 AM
Guys
Don't fight for Eb2 vs Eb3 or Eb2 vs Eb1 etc. If we focus on these 3 bills then it will solve all our problems.
(1) STEM bill remove all MS + Phd people so Eb2 will be half empty and Eb1 will be 80 % empty.
(2) Re capture will bring new visas where they will go certaily to Eb3. ( Eb1 and Eb2 do not need visa if passes STEM bill )
(3) No Country cap limit. Will clean Huge line of Eb3 india, China , Phili..
Lets focus on 3 bills. We donot have time. Every one make a call to lawmakers. PLEASE.
Don't fight for Eb2 vs Eb3 or Eb2 vs Eb1 etc. If we focus on these 3 bills then it will solve all our problems.
(1) STEM bill remove all MS + Phd people so Eb2 will be half empty and Eb1 will be 80 % empty.
(2) Re capture will bring new visas where they will go certaily to Eb3. ( Eb1 and Eb2 do not need visa if passes STEM bill )
(3) No Country cap limit. Will clean Huge line of Eb3 india, China , Phili..
Lets focus on 3 bills. We donot have time. Every one make a call to lawmakers. PLEASE.
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NKR
01-31 10:03 AM
I just voted.
Thanks
Thanks
more...
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vasa
07-13 02:57 PM
Good Luck Guys...
Thank you for your efforts for the good of the entire community.
Thank you for your efforts for the good of the entire community.
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walking_dude
11-19 12:09 PM
Macaca,
Thanks for the suggested "Addendum". A para on it, included in the letter (edited)
Thanks
Thanks for the suggested "Addendum". A para on it, included in the letter (edited)
Thanks
more...
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realizeit
05-26 04:15 PM
Salient features of Bill: S.1085
After analyzing this bill, I found the following:
1. This bill will recapture all those unused employment based visas (gcs) from 1992 till 2008 and it will add those recaptured visas to this year's employment based quota.
2. After the passage of this bill, any unused visas will rollover to the next year. So, no more wastage of visas as we go forward.
3. Per country limit will be increased from 7% to 10%, so more folks from over subscribed countries would be able to come under the normal yearly quota.
4. We will be able to avail the benefits of the recapture after 60 days of the passage of the bill. That means, if they are able to recapture 220,000 (approx) employment based visas, the employment based category will be able to use all those after 60 days of the passage of this bill. USCIS is pre-adjudicating all I485s pending and if this bill gets passed in say for eg by October 30, almost all (80%) in this community (who filed 485) would be able get their GCs in Jan and Feb of 2010.
What makes this bill much more interesting is:
1. This is not a bill targetting the issues of Employment based category - So there won't be a huge backlash against this in the name of the economy and recession. The provisions for the employment category are just one item in this bill.
2. Family based immigration reform has a wider range of support from all kinds of groups unlike Employment based immigration reform. Just search for this bill "Reuniting Families Act" in google news and you can identify all those organizations supporting this bill (they all have a news release).
Complete Text of this Bill:
http://thomas.loc.gov/cgi-bin/query/z?c111:S.1085:
After analyzing this bill, I found the following:
1. This bill will recapture all those unused employment based visas (gcs) from 1992 till 2008 and it will add those recaptured visas to this year's employment based quota.
2. After the passage of this bill, any unused visas will rollover to the next year. So, no more wastage of visas as we go forward.
3. Per country limit will be increased from 7% to 10%, so more folks from over subscribed countries would be able to come under the normal yearly quota.
4. We will be able to avail the benefits of the recapture after 60 days of the passage of the bill. That means, if they are able to recapture 220,000 (approx) employment based visas, the employment based category will be able to use all those after 60 days of the passage of this bill. USCIS is pre-adjudicating all I485s pending and if this bill gets passed in say for eg by October 30, almost all (80%) in this community (who filed 485) would be able get their GCs in Jan and Feb of 2010.
What makes this bill much more interesting is:
1. This is not a bill targetting the issues of Employment based category - So there won't be a huge backlash against this in the name of the economy and recession. The provisions for the employment category are just one item in this bill.
2. Family based immigration reform has a wider range of support from all kinds of groups unlike Employment based immigration reform. Just search for this bill "Reuniting Families Act" in google news and you can identify all those organizations supporting this bill (they all have a news release).
Complete Text of this Bill:
http://thomas.loc.gov/cgi-bin/query/z?c111:S.1085:
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dreamworld
12-13 03:54 PM
Forum should be free for members. We can move into following...
First, We can keep the free membership mandatory and Do not allow any Guest users.
Second, Bring the members onto state chapters.
This will take us more onto grassroot level participation.
First, We can keep the free membership mandatory and Do not allow any Guest users.
Second, Bring the members onto state chapters.
This will take us more onto grassroot level participation.
more...
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deleteuser
07-17 04:30 PM
I don't know why but we tend to be satisfied with lsmall benefits...
I agree with you "something (EAD and AP) is better than nothing"
But i bet you ..you will find your self in the same situation of agony and endless waiting for the final Green card.
I bet most of the people don't use your ead and AP as it puts you in a gray "Adjustment of status". They are good to have though. But you will see...how painful it is to decide to use them or not..
What i want to say is that being able to apply for EAD and AP is not the end of the battle..you will be stuck in a depressing situation waiting for the final green card.How do i know? .. I went through it...waiting for GC for the past 4 years.
I dont know its FBI or its just the USCIS incompetence but waiting in the final stage is horrible. Every time you travel you are scared...AP as for as my lawyer goes IT does not guarantee 100% entry in to the country.
After you apply for AP its only 1 year H1 increments.
What i am saying why dont we try for the overall improvement of the GC processing. Why dont we be firm about not wasting the GC numbers and recapturing the unused numbers.
We had a small revolt (peaceful way) and its successful.We dont want to stop there.
LETS FIGHT FOR THE OVERALL IMPROVEMENT OF THE GC PROCESSING
I hope you guys are with me..looking for your comments
I am wondering about the same question. Recently, I read about the portability rules and they are so unspecific that I am not sure I want to take advantage of them. Not even Mr. Shusterman could give an assertive answer in his Q&A session (http://immigration.about.com/library/weekly/aa012902b.htm). He said you should not renounce your job two days after the 180 have passed, but when is the right time? I am getting more and more confused and depressed about this whole situation and about finding the right moment to decide whether I still want this.
I agree with you "something (EAD and AP) is better than nothing"
But i bet you ..you will find your self in the same situation of agony and endless waiting for the final Green card.
I bet most of the people don't use your ead and AP as it puts you in a gray "Adjustment of status". They are good to have though. But you will see...how painful it is to decide to use them or not..
What i want to say is that being able to apply for EAD and AP is not the end of the battle..you will be stuck in a depressing situation waiting for the final green card.How do i know? .. I went through it...waiting for GC for the past 4 years.
I dont know its FBI or its just the USCIS incompetence but waiting in the final stage is horrible. Every time you travel you are scared...AP as for as my lawyer goes IT does not guarantee 100% entry in to the country.
After you apply for AP its only 1 year H1 increments.
What i am saying why dont we try for the overall improvement of the GC processing. Why dont we be firm about not wasting the GC numbers and recapturing the unused numbers.
We had a small revolt (peaceful way) and its successful.We dont want to stop there.
LETS FIGHT FOR THE OVERALL IMPROVEMENT OF THE GC PROCESSING
I hope you guys are with me..looking for your comments
I am wondering about the same question. Recently, I read about the portability rules and they are so unspecific that I am not sure I want to take advantage of them. Not even Mr. Shusterman could give an assertive answer in his Q&A session (http://immigration.about.com/library/weekly/aa012902b.htm). He said you should not renounce your job two days after the 180 have passed, but when is the right time? I am getting more and more confused and depressed about this whole situation and about finding the right moment to decide whether I still want this.
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gcdreamer05
02-01 07:28 AM
Folks, I took 100K coverage with I!M_G*G#L^O&B(A)L through the agent I*N*@S#U^B%u^y.
Unfortunately one week before my dad left, I had to take him to ER as he had an attack. The bills came out to 50K+, the insurance company denied all claims saying it is pre-existing.
The hospital and the doctor who attended him at ER as well as the hospital gave me a letter saying it is not pre-existing. But insurance company will not accept it.
The guy at the agent, talks nicely but he says we cannot do anything, just go in understanding with the hospital and pay it in installments. He also says do not file any law suit it is not useful.
All this is total scam, i did pay a huge premium but now i have lots of bills to pay.
So i agree with others, please do your research properly. And do not believe sales guys or agents, they will talk very nicely but when it comes to claims you are on your own...
Unfortunately one week before my dad left, I had to take him to ER as he had an attack. The bills came out to 50K+, the insurance company denied all claims saying it is pre-existing.
The hospital and the doctor who attended him at ER as well as the hospital gave me a letter saying it is not pre-existing. But insurance company will not accept it.
The guy at the agent, talks nicely but he says we cannot do anything, just go in understanding with the hospital and pay it in installments. He also says do not file any law suit it is not useful.
All this is total scam, i did pay a huge premium but now i have lots of bills to pay.
So i agree with others, please do your research properly. And do not believe sales guys or agents, they will talk very nicely but when it comes to claims you are on your own...
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chaanakya
08-13 06:10 PM
What a stupid post.
Do you really think that all EB3 people are no US-educated? EB2/EB3 is dictated by job requirements and not the actual qualifications of someone. I am graduate of a top ranked US university but applied in EB3 since my job didn't require M.S and my company didn't want to manipulate the job requirements.
I am sure there are many more like me who were qualified for EB2 but applied in EB3.
If this is the best you can come up, I really hope that this was your first and last post.
..."who were qualified for EB2 but applied in EB3. " ...Exactly my point. Technically I am qualified for EB1 but filed as EB2, hence i need to play by the rules governing EB2. Now if i begin lamenting that I am qualified for EB1 which is current and life is unfair since i am in EB2, how much sense would that make? My point is Don't crib if EB3 is retrogressed...use the system and become EB2, port your priority date, which is ofcourse dependent upon finding an EB2 job !!! All of this nonsense .."i pray someone does something for EB3" is going to get no one anywhere !! Fight for comprehensive immigration reform or HR 5882 recapture BUT for god's sake Do not blame the EB2 - India people who have played by the rules and are in a favorable position today relative to EB3 !!
The lawsuit against PD porting makes sense from an EB2 perspective and they are right to go ahead with it. Porting your PD from EB3 to EB2 makes sense from an EB3 perspective and every EB3 should try to do it before this door closes, if it does.
Do you really think that all EB3 people are no US-educated? EB2/EB3 is dictated by job requirements and not the actual qualifications of someone. I am graduate of a top ranked US university but applied in EB3 since my job didn't require M.S and my company didn't want to manipulate the job requirements.
I am sure there are many more like me who were qualified for EB2 but applied in EB3.
If this is the best you can come up, I really hope that this was your first and last post.
..."who were qualified for EB2 but applied in EB3. " ...Exactly my point. Technically I am qualified for EB1 but filed as EB2, hence i need to play by the rules governing EB2. Now if i begin lamenting that I am qualified for EB1 which is current and life is unfair since i am in EB2, how much sense would that make? My point is Don't crib if EB3 is retrogressed...use the system and become EB2, port your priority date, which is ofcourse dependent upon finding an EB2 job !!! All of this nonsense .."i pray someone does something for EB3" is going to get no one anywhere !! Fight for comprehensive immigration reform or HR 5882 recapture BUT for god's sake Do not blame the EB2 - India people who have played by the rules and are in a favorable position today relative to EB3 !!
The lawsuit against PD porting makes sense from an EB2 perspective and they are right to go ahead with it. Porting your PD from EB3 to EB2 makes sense from an EB3 perspective and every EB3 should try to do it before this door closes, if it does.
GCBy3000
11-16 09:33 AM
I appreciate your enthusiasm. IV has directed all its members in the past to do what and when? They have also established a webfax mechanism and also asked IV members to contact the senators / congressmen. They have gone into the level of seperating statewise members and asking only certain state members to contact.
Once again I appreciate your thoughts. But the members should follow one direction and it should come from core IV. Do not do certain things without the consent from IV as it may back fire.
NOTE: What do you mean by contact woman? :D
Man/Woman, I see so much energy here or could be just shouting. It would be in the best interest to use the energy to contact respective congressman/woman/senator of their area, ask them / request them to bring/pass legislation like SKIL and PACE. Tell them why this bill is needed. Tell them your problem. If everyone of us call congressman and woman and follow up with them on the progress that would be great. Am I doing it? Yep..Not joking IV members are involved.
IV guys can you develop questionnaire which we should ask the operator. What I did is I asked to operator to connect me someone who can help me in bringing immigration legislation. That is how I approached the operator. IV associates what I am getting at is how should people reach right person? As IV people have interacted with many senator office they have better idea what are different staffer there and how they are addressed, and how to reach them.
Let me know what are people thought? I think instead of wasting time, lets get to work. Help yourself by calling senator/congressman/woman. And this is oppurtune time.
Once again I appreciate your thoughts. But the members should follow one direction and it should come from core IV. Do not do certain things without the consent from IV as it may back fire.
NOTE: What do you mean by contact woman? :D
Man/Woman, I see so much energy here or could be just shouting. It would be in the best interest to use the energy to contact respective congressman/woman/senator of their area, ask them / request them to bring/pass legislation like SKIL and PACE. Tell them why this bill is needed. Tell them your problem. If everyone of us call congressman and woman and follow up with them on the progress that would be great. Am I doing it? Yep..Not joking IV members are involved.
IV guys can you develop questionnaire which we should ask the operator. What I did is I asked to operator to connect me someone who can help me in bringing immigration legislation. That is how I approached the operator. IV associates what I am getting at is how should people reach right person? As IV people have interacted with many senator office they have better idea what are different staffer there and how they are addressed, and how to reach them.
Let me know what are people thought? I think instead of wasting time, lets get to work. Help yourself by calling senator/congressman/woman. And this is oppurtune time.
apb
09-17 06:10 PM
Congratulations kubmilegaGC... Now u can change ur handle to abhmilagc
best wishes
best wishes