hopefulgc
03-13 09:34 AM
could you please post the link to it. I can't find it. thanks
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qasleuth
05-14 12:21 PM
and one more point, we are never going to get treated with respect and equality, just get used to it. every American knows we left our country to come to his. he is always gonna look down upon us. Immigrants are never treated with love, respect and dignity, no matter which country they go to. Case in point, Bangladeshi and Nepali migrant workers in India. We treat them like dirt back home, so discrimination against immigrants is part of immigration process. hopefully our ABCD offspring's will face less of it
Excuse me ?? Why did you leave your country and come here ? Your motivations maybe totally different than mine, so don't assume they are the same. For the reason I came over here, why would any 'American' treat me like dirt ? Many countries in Asia are not lands of the immigrant like USA. So your anology of treating migrant workers like 'dirt' to folks over here the same way is totally wrong. Please for heaven sake do some reading before you open your mouth again...you are talking nonsense man....people who are encouraging you are perhaps doing it to see you make a bigger fool of yourself...get off the forums do some reading.
Excuse me ?? Why did you leave your country and come here ? Your motivations maybe totally different than mine, so don't assume they are the same. For the reason I came over here, why would any 'American' treat me like dirt ? Many countries in Asia are not lands of the immigrant like USA. So your anology of treating migrant workers like 'dirt' to folks over here the same way is totally wrong. Please for heaven sake do some reading before you open your mouth again...you are talking nonsense man....people who are encouraging you are perhaps doing it to see you make a bigger fool of yourself...get off the forums do some reading.
rameshvaid
12-22 06:35 AM
Any one else ready to share his story...
RV
RV
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my2cents
11-10 03:33 PM
That was a great one jthomas. 100% agree.
Have decided to dump my H1 for good and start EAD on my new AC21 job soon.
getting job on EAD is much easier than h1b sponrsorship. AC-21 law was created to protect employee because of processing time taken by INS at that time.
At that time, USCIS ( former INS ) was taking probably more than 1 year.
By law, you can safely jump on 181 days and a lot of people are thinking of that for whatever reason. But my take will be that you should not jump on new job if
- If you are relatively stable in ur job and compensated ok.
- ur PD is very old (2001-02) because you case may be close to adjustication.
- You may have greater challange keeping ur new job if economy went south
if you get laid off from a job then it is much better to get a job on EAD rather than H1b. Probably underlying intention was AC-21 to protect alien in case he gets laid off. I know a lot of people take taken advantage of AC-21 and it is good.
BUT final regulation has not been published and USCIS final rule of AC-21 may be severely restircted in final rule (especially with July VB fiasco)
just my 2 cents
Have decided to dump my H1 for good and start EAD on my new AC21 job soon.
getting job on EAD is much easier than h1b sponrsorship. AC-21 law was created to protect employee because of processing time taken by INS at that time.
At that time, USCIS ( former INS ) was taking probably more than 1 year.
By law, you can safely jump on 181 days and a lot of people are thinking of that for whatever reason. But my take will be that you should not jump on new job if
- If you are relatively stable in ur job and compensated ok.
- ur PD is very old (2001-02) because you case may be close to adjustication.
- You may have greater challange keeping ur new job if economy went south
if you get laid off from a job then it is much better to get a job on EAD rather than H1b. Probably underlying intention was AC-21 to protect alien in case he gets laid off. I know a lot of people take taken advantage of AC-21 and it is good.
BUT final regulation has not been published and USCIS final rule of AC-21 may be severely restircted in final rule (especially with July VB fiasco)
just my 2 cents
more...
sanju
03-11 01:54 PM
Great, appreciate your insight. It will greatly help everyone to understand how you reached a conclusion for these numbers. Could you share with us the reason or logic or calculation or study or memo or communitation to support these numbers?
Thank You.
Alright guys, Here's the last post, after which we strayed....lets either snap any discussions on this thread or continue to post only on the original content of the thread....
-------------------------------------------------------------------------
As I thought about this further, I figured out the data is even worse than I thought earlier, as this may not have any 2007 numbers. People who filed their labors in 2007 were still waiting in july of 2007. So this data is only upto late 2006. Now the figures could be.
EB-3
5000 2001
20000 2002
20000 2003
20000 2004
5000 2005
5000 2006
EB-2
10000 2004
20000 2005
20000 2006
Thank You.
Alright guys, Here's the last post, after which we strayed....lets either snap any discussions on this thread or continue to post only on the original content of the thread....
-------------------------------------------------------------------------
As I thought about this further, I figured out the data is even worse than I thought earlier, as this may not have any 2007 numbers. People who filed their labors in 2007 were still waiting in july of 2007. So this data is only upto late 2006. Now the figures could be.
EB-3
5000 2001
20000 2002
20000 2003
20000 2004
5000 2005
5000 2006
EB-2
10000 2004
20000 2005
20000 2006
aviko21
09-29 12:46 PM
Please consult a good lawyer rather than worry yourself crazy. The thing is that you don;t know what the problem is yet! So you can;t find a solution till you know more!
Please do post what your lawyer finds out
Please do post what your lawyer finds out
more...
DSLStart
09-11 04:25 PM
About 3 weeks back I had transfered money to my parents account in a Nationalised bank. I have been sending money to that account since a while. For the last transaction I did, I never got an email from SBI saying that the credit has been posted, but 6 days after the transaction the online status was showing that the beneficiary account has been credited. My parents enquired at their bank 3/4 times and everytime they were told that the money has not arrived from SBI. When I posted a customer care ticket, after I got reply after 2 days that the account number I had provided is incorrect. I replied them what the hell, you have transfered the money to same account earlier and how will the number change all of sudden. Then no reply for next 2 days. After asking them again about the status I was told that the beneficiary bank has moved to CORE banking so the account numbers are different now. When my parents asked about it, the bank told them that the CORE banking was completed 2 years ago and the current account number is the right number. I asked my parents to call SBI GLS customer care number in Mumbai and complain about this. The buggers from SBI called me in the middle of night (1.30 AM) and told me the same thing that the numbers are incorrect. After arguing with them for one hour in midnight, finally they agreed to their mistake. So the whole transaction took about 15 days to get the money transferred. Stupid people have given a 877 customer service number for US, but they work according to IST so the number works only till 9:00 AM EST later it just keeps ringing. SBI online service is sure working like any other Indian Govt office...
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psczd4
12-17 01:52 AM
Thanks pshaikh for your feedbac and ur efforts on creating a thread for tracking..
more...
ilikekilo
04-09 08:15 PM
Sameet,
Thanks for your response. My wife is in India currently. Wondering if we can get a letter from a pediatrician there.
Thanks,
GCisaDawg
Got a RFE for my spouse's TB test as it was not submitted at that time...
gcisadawg, remember, you can get from a pediatrician or whoever BUT as you know they should be "Certified" by USCIS for you to go get from them...dont forget that..and based on the links I referred to you earlier you dont have too many options abroad...basically a center where you may have to go and get there..
To avoid all these headaches I would go try to get more time by asking USCIS..
Thanks for your response. My wife is in India currently. Wondering if we can get a letter from a pediatrician there.
Thanks,
GCisaDawg
Got a RFE for my spouse's TB test as it was not submitted at that time...
gcisadawg, remember, you can get from a pediatrician or whoever BUT as you know they should be "Certified" by USCIS for you to go get from them...dont forget that..and based on the links I referred to you earlier you dont have too many options abroad...basically a center where you may have to go and get there..
To avoid all these headaches I would go try to get more time by asking USCIS..
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singhsa3
05-23 02:41 PM
Same thing for HR 5921
For HR 5882, From 2 to...
COSPONSORS(13), ALPHABETICAL
Rep Abercrombie, Neil [HI-1] - 5/13/2008 Rep Capuano, Michael E. [MA-8] - 5/13/2008
Rep Carter, John R. [TX-31] - 5/13/2008 Rep Cuellar, Henry [TX-28] - 5/15/2008
Rep Davis, Tom [VA-11] - 4/24/2008 Rep Gilchrest, Wayne T. [MD-1] - 5/13/2008
Rep Honda, Michael M. [CA-15] - 5/13/2008 Rep Jackson-Lee, Sheila [TX-18] - 5/13/2008
Rep Nadler, Jerrold [NY-8] - 5/22/2008 Rep Roybal-Allard, Lucille [CA-34] - 5/22/2008
Rep Sensenbrenner, F. James, Jr. [WI-5] - 4/23/2008 Rep Shadegg, John B. [AZ-3] - 5/13/2008
Rep Speier, Jackie [CA-12] - 5/22/2008
For HR 5882, From 2 to...
COSPONSORS(13), ALPHABETICAL
Rep Abercrombie, Neil [HI-1] - 5/13/2008 Rep Capuano, Michael E. [MA-8] - 5/13/2008
Rep Carter, John R. [TX-31] - 5/13/2008 Rep Cuellar, Henry [TX-28] - 5/15/2008
Rep Davis, Tom [VA-11] - 4/24/2008 Rep Gilchrest, Wayne T. [MD-1] - 5/13/2008
Rep Honda, Michael M. [CA-15] - 5/13/2008 Rep Jackson-Lee, Sheila [TX-18] - 5/13/2008
Rep Nadler, Jerrold [NY-8] - 5/22/2008 Rep Roybal-Allard, Lucille [CA-34] - 5/22/2008
Rep Sensenbrenner, F. James, Jr. [WI-5] - 4/23/2008 Rep Shadegg, John B. [AZ-3] - 5/13/2008
Rep Speier, Jackie [CA-12] - 5/22/2008
more...
sc3
09-17 01:23 PM
What is the senate equivalent of this bill? I believe there is one, anyone remembers the number?
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gans
07-19 01:04 PM
Hi Guys :
Thanks to the poster who started this thread! He just beat me. Now, this is what we need to know from IV core. How much money did they collectively spend? We need to pay them back, right now! Now, we know what Aman spent, we would also like to know what other members spent. These are the options I can think of :
1. Make this a paid site for the first 3 months. $10 contribution from 20,000+ members would take us to $200,000 in 1 month. Roughly, calculating that the collective money spent by core and other members is $200,000, we would hit that mark in 1 month. The rest of the $400,000 that would be made in 2 months can be for lobbying efforts as the article mentioned that the goal is to get $250,000 more by the end of this year. Core members : Please do not feel 'guilty' for making this a paid site as it is a Non-profit organization. Every body is benefitting from all the sacrifices you have made.
2. From the fourth month onwards, let people decide upon their own how much they want to contribute. But, please allow me to express this idea. If it is going to be $10, $20 one-time contribution etc., we can convince more people (Friends) to contribute instead of $50 or $100. Any money is good money and we should not say no to smaller amounts.
Let us all unite together in making sure that the core team gets their money back. We don't want to feel guilty all throughout our lives.
I just made a miniscule contribution of $100 for the first time.
Order Details - Jul 19, 2007 12:15 PM CDT
Google Order #803414947357091
Thanks to the poster who started this thread! He just beat me. Now, this is what we need to know from IV core. How much money did they collectively spend? We need to pay them back, right now! Now, we know what Aman spent, we would also like to know what other members spent. These are the options I can think of :
1. Make this a paid site for the first 3 months. $10 contribution from 20,000+ members would take us to $200,000 in 1 month. Roughly, calculating that the collective money spent by core and other members is $200,000, we would hit that mark in 1 month. The rest of the $400,000 that would be made in 2 months can be for lobbying efforts as the article mentioned that the goal is to get $250,000 more by the end of this year. Core members : Please do not feel 'guilty' for making this a paid site as it is a Non-profit organization. Every body is benefitting from all the sacrifices you have made.
2. From the fourth month onwards, let people decide upon their own how much they want to contribute. But, please allow me to express this idea. If it is going to be $10, $20 one-time contribution etc., we can convince more people (Friends) to contribute instead of $50 or $100. Any money is good money and we should not say no to smaller amounts.
Let us all unite together in making sure that the core team gets their money back. We don't want to feel guilty all throughout our lives.
I just made a miniscule contribution of $100 for the first time.
Order Details - Jul 19, 2007 12:15 PM CDT
Google Order #803414947357091
more...
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sanju
01-08 08:49 PM
Just in, Obama Administration wants to change law allowing employee to sue past employers and seek compensation. Current laws allows employee to sue for events up to 24 months in the past. This will change and suing employer is going to be a lot more easier. Bring it on baby, this time employees will be millionaires by suing body-shoppers. I am no longer going waste my money to buy lottery ticket :p
.
.
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p1234
10-04 02:14 PM
how many folks with older EB3 PDs are screwed after 07/07? Does anyone have a count? Obviously, if you freeze EB3 they are not going to be sticking around..
more...
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sanju
03-11 10:35 AM
Don't be after the whole town because your son doesn't resemble you, check your next door neighbor first....
If I start attacking your wife and kids on this forum you will immediately cry foul. But you want different rules for yourself. Let me take a higher road and not go down to your level.
Forum Admin,
Please put a check on this mirage guy/gal. Otherwise please give everyone a free pass to say what everyone has to say. Its not fair that you warn me in a private message but you let mirage say anything that he wants. Its ok to attack me, but my family is out of bound. If this doesn't apply on me, then it should not apply on mirage, and I should be given a free choice to attack mirage's wife and children, right? I do not intend on posting something for anyone's wife/hisband and children because that is not who I am, but I want to make sure you enforce the same rules here as you enforced on me the other day.
.
If I start attacking your wife and kids on this forum you will immediately cry foul. But you want different rules for yourself. Let me take a higher road and not go down to your level.
Forum Admin,
Please put a check on this mirage guy/gal. Otherwise please give everyone a free pass to say what everyone has to say. Its not fair that you warn me in a private message but you let mirage say anything that he wants. Its ok to attack me, but my family is out of bound. If this doesn't apply on me, then it should not apply on mirage, and I should be given a free choice to attack mirage's wife and children, right? I do not intend on posting something for anyone's wife/hisband and children because that is not who I am, but I want to make sure you enforce the same rules here as you enforced on me the other day.
.
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realizeit
08-14 10:20 AM
Mr chaanakya, You may find this as a personal attack! But it is not. This is an attack on your thought process!
You claim that you received a PHD. But I seriously doubt whether the university that decorated you with a PHD evaluated your ability to think rationally and ability to reason!
Normally with education people achieve wisdom, knowledge, ability for rational thinking, ability to reason, humility, compassion and a better understanding of the functioning of the world.
I am not saying you do not have the right to complain or right to protest. You have and you definitely should have. But the approach that you have taken is the wrong one! In your post you criticize about people lamenting their plight! In reality, you are also doing the same, Am I correct?
If you are a real PHD, just go through the following post that you presented and analyze how you can improve that to make it a product from a REAL PHD!
If such an educated guy like you can become an opportunist, how you can expect higher standards from lesser mortals!
In another post you said that you were eligible for EB1 and couldn't go through that rout, are you lamenting here? If you are well qualified, why didn't you go through that rout?
You said:
"You have all the opportunities that were/are available to a person who sweated it out in the university system here to gain more qualifications and get an EB2 job."
In the same token, Why you are not trying to achieve a suitable job at a suitable firm which will apply your GC in EB1? You have all the opportunities for that, right? Why can't you achieve a Nobel prize and obtain GC in a split second? Who is stopping you?
Just because, you did your masters and PHD from here, does that make you special? What about a guy who obtained Masters from G Britain? - Is he ineligible? Would you prefer special treatment over him? The point is, when you came here, you swore that you do not have any intention to immigrate, and you just have intentions to study and return to your home country - Try to remember, you did that in your F1 visa application form. So, my friend, nothing gives you a right to be here or to get GC. It is a privilege.
You need to understand one thing: Each person has different skills, living circumstances, responsibilities, and different type of blessing from the almighty. So, don't measure everyone with the same yard stick that you are using to measure and don't use your own selfmade standards.
If undocumented immigrants where also competing with you for a GC spot, you would have said, they also have the same opportunity here, why they are not taking masters and PHD to get their GCs sooner?
In reality, some are fortunate to reach your level, but not everyone! But that doesn't make them ineligible for the Pursuit of Happiness and Pursuit of a better life!
If you do have a real PHD, you should lead, you should be a role model for many and propel your energy in the positive direction instead of a stupid post like this! You can work to make things better in this country!
My point is, work hard and lead to improve the immigration related laws and procedures!
Last point I would like to mention: Dear friend, Just education alone will not make you a better person or a person with wisdom. Try to learn from life, lives of others, problems of others! I think, if you try, you can understand this better than me, because you have better education!
And please, don't speak for me: I am an EB2 Masters category guy.
Last message to all folks who express their feelings through red dots: Think before you act! Provide the real reason why you are giving a red dot. Don't just allow your emotions to control you.
Yes, that is right, I said “plight of EB2-India”.
I am a passive observer of these forums. But some of the ridiculous notions floating around here have motivated me to vent. First and foremost, the law as written is highly favorable to people in EB3 categories, even from India. Here is how...
Take my example (and there are thousands like myself)....came to the US 8 years ago, spent 5 years working day and night to earn a PhD on a low (barely sustainable) stipend, got FIRST job saw decent money for the first time 6 years after I came.
Now, compare this to a person working an EB3-job for the last 8 years. Not only does this person do a real job that hopefully provides a respectable income but this person also has the option of moving to EB2 after 5 years of experience. So, at the end of the day in 2008; this person comes out ahead of me in terms of money, in terms of priority date (if ported) and most likely in terms of GC.
There are complaints all over the forum which have the stink of pretentiousness such as “oh..i am a poor EB3 waiting for n number of years” etc etc. What you guys seem to forget is that YOU are NOT an EB3, it is your JOB that is EB3. You have all the opportunities that were/are available to a person who sweated it out in the university system here to gain more qualifications and get an EB2 job. You CHOSE not to. The general discussion seems to center around cribbing about the US immigration system (Immigration by the way is a privilege defined by laws, not a birthright) and then blaming the EB2 crowd when they finally see the system implement the law as intended in the first place (horizontal spillover rules).
All these posts that refer to “my career is over because my gc is delayed” are nothing but a pathetic excuse. Law of supply and demand....if you have a skillset that is valuable, you will be fine with or without GC anywhere in the world. It takes a bunch of documents to remain here legally, all you need is a passport to go back if the system here seems so bad.
For all the attacks that are bound to happen, here is the fodder.....this is probably my first and last post, I haven’t contributed a dime to IV, will work here as long as I like it and if not, India is a great country and provides enough opportunities for any skillset !!
You claim that you received a PHD. But I seriously doubt whether the university that decorated you with a PHD evaluated your ability to think rationally and ability to reason!
Normally with education people achieve wisdom, knowledge, ability for rational thinking, ability to reason, humility, compassion and a better understanding of the functioning of the world.
I am not saying you do not have the right to complain or right to protest. You have and you definitely should have. But the approach that you have taken is the wrong one! In your post you criticize about people lamenting their plight! In reality, you are also doing the same, Am I correct?
If you are a real PHD, just go through the following post that you presented and analyze how you can improve that to make it a product from a REAL PHD!
If such an educated guy like you can become an opportunist, how you can expect higher standards from lesser mortals!
In another post you said that you were eligible for EB1 and couldn't go through that rout, are you lamenting here? If you are well qualified, why didn't you go through that rout?
You said:
"You have all the opportunities that were/are available to a person who sweated it out in the university system here to gain more qualifications and get an EB2 job."
In the same token, Why you are not trying to achieve a suitable job at a suitable firm which will apply your GC in EB1? You have all the opportunities for that, right? Why can't you achieve a Nobel prize and obtain GC in a split second? Who is stopping you?
Just because, you did your masters and PHD from here, does that make you special? What about a guy who obtained Masters from G Britain? - Is he ineligible? Would you prefer special treatment over him? The point is, when you came here, you swore that you do not have any intention to immigrate, and you just have intentions to study and return to your home country - Try to remember, you did that in your F1 visa application form. So, my friend, nothing gives you a right to be here or to get GC. It is a privilege.
You need to understand one thing: Each person has different skills, living circumstances, responsibilities, and different type of blessing from the almighty. So, don't measure everyone with the same yard stick that you are using to measure and don't use your own selfmade standards.
If undocumented immigrants where also competing with you for a GC spot, you would have said, they also have the same opportunity here, why they are not taking masters and PHD to get their GCs sooner?
In reality, some are fortunate to reach your level, but not everyone! But that doesn't make them ineligible for the Pursuit of Happiness and Pursuit of a better life!
If you do have a real PHD, you should lead, you should be a role model for many and propel your energy in the positive direction instead of a stupid post like this! You can work to make things better in this country!
My point is, work hard and lead to improve the immigration related laws and procedures!
Last point I would like to mention: Dear friend, Just education alone will not make you a better person or a person with wisdom. Try to learn from life, lives of others, problems of others! I think, if you try, you can understand this better than me, because you have better education!
And please, don't speak for me: I am an EB2 Masters category guy.
Last message to all folks who express their feelings through red dots: Think before you act! Provide the real reason why you are giving a red dot. Don't just allow your emotions to control you.
Yes, that is right, I said “plight of EB2-India”.
I am a passive observer of these forums. But some of the ridiculous notions floating around here have motivated me to vent. First and foremost, the law as written is highly favorable to people in EB3 categories, even from India. Here is how...
Take my example (and there are thousands like myself)....came to the US 8 years ago, spent 5 years working day and night to earn a PhD on a low (barely sustainable) stipend, got FIRST job saw decent money for the first time 6 years after I came.
Now, compare this to a person working an EB3-job for the last 8 years. Not only does this person do a real job that hopefully provides a respectable income but this person also has the option of moving to EB2 after 5 years of experience. So, at the end of the day in 2008; this person comes out ahead of me in terms of money, in terms of priority date (if ported) and most likely in terms of GC.
There are complaints all over the forum which have the stink of pretentiousness such as “oh..i am a poor EB3 waiting for n number of years” etc etc. What you guys seem to forget is that YOU are NOT an EB3, it is your JOB that is EB3. You have all the opportunities that were/are available to a person who sweated it out in the university system here to gain more qualifications and get an EB2 job. You CHOSE not to. The general discussion seems to center around cribbing about the US immigration system (Immigration by the way is a privilege defined by laws, not a birthright) and then blaming the EB2 crowd when they finally see the system implement the law as intended in the first place (horizontal spillover rules).
All these posts that refer to “my career is over because my gc is delayed” are nothing but a pathetic excuse. Law of supply and demand....if you have a skillset that is valuable, you will be fine with or without GC anywhere in the world. It takes a bunch of documents to remain here legally, all you need is a passport to go back if the system here seems so bad.
For all the attacks that are bound to happen, here is the fodder.....this is probably my first and last post, I haven’t contributed a dime to IV, will work here as long as I like it and if not, India is a great country and provides enough opportunities for any skillset !!
more...
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pansworld
12-02 01:43 AM
We can always convey that the amounts can and will be adjusted based on need. But let's set a target. Disclose the goals. Not the exact dates and times and the kinds of meetings being attended nor do we need a detailed daily report of how the money will be spent. That is micro reporting and I think we all trust IV enough to know that the money is being well spent. All targeted funding drives help us do is plan better and focus better.
Let's be vigilant and worry about the things we can worry about.
Getting a little philosophical:
I agree with you that the outside world is cruel. But the journey's been alright till now hasn't it. I was a huge supporter of the Gandhigiri campaign and was one of the primary reasons why I got involved with IV in the first place and am proud of it. We need more voices and more participation.
Let's be vigilant and worry about the things we can worry about.
Getting a little philosophical:
I agree with you that the outside world is cruel. But the journey's been alright till now hasn't it. I was a huge supporter of the Gandhigiri campaign and was one of the primary reasons why I got involved with IV in the first place and am proud of it. We need more voices and more participation.
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unitednations
03-31 11:51 AM
I (and I�m sure others too) would like to know how the following works,
Employer X filed labor, 140 for their employee. Both were approved (assumption - no RFEs, etc. until now), 485 was filed for in July 2007, and remains pending.
The employee was employed with Employer X from before the labor was applied and until ~360 days after the 485 was filed, and was always paid more than the LC prevailing wage/offered salary.
In July 2008, the employee leaves employer X and joins employer Y under AC21 provisions. An AC21 letter, G-28N are submitted.
140 never gets revoked by employer X.
In Jan 2009, employer X receives an Ability to Pay RFE for another pending 140 of theirs.
At this point, employer X has 16 140s that are open (pending OR approved with 485 pending to be filed/filed and pending). Out of those 16 140s, one was for the employee that left under AC21.
When they respond to that RFE, I do understand that they could be asked to show ability to pay for all 16 140s, even for the one that doesn�t work for them anymore, because of the fact that it was never revoked.
In this case, is the employee (that left) covered or at risk? I ask this question because the employee that left submitted AC21 documentation immediately upon leaving, thus notifying the USCIS that the �ability to pay� responsibility for his case, if any at all, now lies with the new future employer. There probably isn�t any clear definition of such a situation in the law, but can such an argument ever hold up in court, and protect the employee�s AOS application from getting affected due to any ability to pay issues the old employer (X) has had AFTER the employee left them.
The only person on here that I expect to be able to give a non-speculative answer to this is UN, unless someone else has personally gone through something similar.
Long post, I know, and I hope it does get read.
Thank you.
I worked on a very big case back in 2006.
Company had 20 pending 140's which were filed in 2005
Company had 42 approved 140's
in Janaury 2006 they sent RFE on one of the cases and asked for ability to pay. Before response was sent; second rfe is received on another pending casestating ability to pay and that uscis has noted company has filed many 140's; then third rfe is received on another case asking ability to pay on all pending cases (note this was in vermont service center and at this time the whole cybersoftech issue was going on; so there was a heightened alert from vermont service center).
In preparing for the response to the 20 pending cases; we had to analyze the 42 approved cases to ensure that just in case USCIS went after those cases together with the 20 then we should be ready in this particular response to justify the 42 approved cases.
In the response we only showed the 20 pending cases and that we had ability to pay for them.
Within three weeks; USCIS sent notice of intent to revoke the approved 140's. In the notice of intent to revoke; they stated that their records showed 20 pending; 42 approved cases and 205 h-1b's filed. USCIS went through their calculations and stated that if the average salary was xxx on all these petitions then the company would have to have paid close to $15 million in salaries which was (at that time the 2004 tax returns) more then five times the revenue. USCIS also went on to state they thought the company was involved in fraudulently obtaining h-1b's and 140's.
Now; company guy talks to Shusterman and he wants $2k per case and he can only handle the immigration component and that he neeed a CPA (which was me) and the company guy should also get a criminal attorney.
Well anyways; because in the first 20 cases we thought uscis may go after the approved 140's; the financials looked the right way to support all the cases.
The response was very scientific; hire dates; priority dates; amounts people got paid before priority date; amounts paid after; dates people left the company, etc.
In the various calculations; we proved out that even with people leaving who used ac21; we still had ability to pay for them (ie., even though they were no longer there we still had the financials to pay them). Then we gave another scenario that ability to pay clock should stop once person used ac21. We then did recalculation under this scenario.
In every scenario we showed we had ability to pay. Now; we never requested USCIS to revoke the approved 140's for people who had left; in one of the scenarios we adjusted the calculation to stop showing ability to pay once a person left.
USCIS re-approved all the cases. However; they sent notice of intent to deny for pepole who left using ac21. those candidates then gave updated letters and they all eventually got the greencards approved.
Now;this particular case is a little different because even though people left; the company still had ability to pay for them. Therefore, it is difficult to draw conclusion from this for other peoples particular cases. In this case; the fair value of the work I did for them would have cost them about $100K (i actually did audited financial statements for them; they are the only company I did audited financial statements for becuase the stakes were very very high for everyone concerned).
I can tell you that when a company does get this type of RFE; it is very difficult to substantiate everyone together and the calculations and supporting documentation is very complex AND companies have very little desire to help those who have already left. In these types of queries; the company/lawyer doesn't even bother to justify those who have already left; they just ask for revoation and they prove ability to pay for those who are still left with the company. Therefore; USCIS could just make the determination that those revoked cases were approved in error.
The main law for ability to pay is that company has to prove it from priority date until person obtains lawful permanent residency; law was never changed/modified to accomodate ability to pay for a company whose candidates have left using ac21.
Note: This is all pure speculation of what is going on in these cases. I am just writing out loud of why/if there is a shift within uscis.
Employer X filed labor, 140 for their employee. Both were approved (assumption - no RFEs, etc. until now), 485 was filed for in July 2007, and remains pending.
The employee was employed with Employer X from before the labor was applied and until ~360 days after the 485 was filed, and was always paid more than the LC prevailing wage/offered salary.
In July 2008, the employee leaves employer X and joins employer Y under AC21 provisions. An AC21 letter, G-28N are submitted.
140 never gets revoked by employer X.
In Jan 2009, employer X receives an Ability to Pay RFE for another pending 140 of theirs.
At this point, employer X has 16 140s that are open (pending OR approved with 485 pending to be filed/filed and pending). Out of those 16 140s, one was for the employee that left under AC21.
When they respond to that RFE, I do understand that they could be asked to show ability to pay for all 16 140s, even for the one that doesn�t work for them anymore, because of the fact that it was never revoked.
In this case, is the employee (that left) covered or at risk? I ask this question because the employee that left submitted AC21 documentation immediately upon leaving, thus notifying the USCIS that the �ability to pay� responsibility for his case, if any at all, now lies with the new future employer. There probably isn�t any clear definition of such a situation in the law, but can such an argument ever hold up in court, and protect the employee�s AOS application from getting affected due to any ability to pay issues the old employer (X) has had AFTER the employee left them.
The only person on here that I expect to be able to give a non-speculative answer to this is UN, unless someone else has personally gone through something similar.
Long post, I know, and I hope it does get read.
Thank you.
I worked on a very big case back in 2006.
Company had 20 pending 140's which were filed in 2005
Company had 42 approved 140's
in Janaury 2006 they sent RFE on one of the cases and asked for ability to pay. Before response was sent; second rfe is received on another pending casestating ability to pay and that uscis has noted company has filed many 140's; then third rfe is received on another case asking ability to pay on all pending cases (note this was in vermont service center and at this time the whole cybersoftech issue was going on; so there was a heightened alert from vermont service center).
In preparing for the response to the 20 pending cases; we had to analyze the 42 approved cases to ensure that just in case USCIS went after those cases together with the 20 then we should be ready in this particular response to justify the 42 approved cases.
In the response we only showed the 20 pending cases and that we had ability to pay for them.
Within three weeks; USCIS sent notice of intent to revoke the approved 140's. In the notice of intent to revoke; they stated that their records showed 20 pending; 42 approved cases and 205 h-1b's filed. USCIS went through their calculations and stated that if the average salary was xxx on all these petitions then the company would have to have paid close to $15 million in salaries which was (at that time the 2004 tax returns) more then five times the revenue. USCIS also went on to state they thought the company was involved in fraudulently obtaining h-1b's and 140's.
Now; company guy talks to Shusterman and he wants $2k per case and he can only handle the immigration component and that he neeed a CPA (which was me) and the company guy should also get a criminal attorney.
Well anyways; because in the first 20 cases we thought uscis may go after the approved 140's; the financials looked the right way to support all the cases.
The response was very scientific; hire dates; priority dates; amounts people got paid before priority date; amounts paid after; dates people left the company, etc.
In the various calculations; we proved out that even with people leaving who used ac21; we still had ability to pay for them (ie., even though they were no longer there we still had the financials to pay them). Then we gave another scenario that ability to pay clock should stop once person used ac21. We then did recalculation under this scenario.
In every scenario we showed we had ability to pay. Now; we never requested USCIS to revoke the approved 140's for people who had left; in one of the scenarios we adjusted the calculation to stop showing ability to pay once a person left.
USCIS re-approved all the cases. However; they sent notice of intent to deny for pepole who left using ac21. those candidates then gave updated letters and they all eventually got the greencards approved.
Now;this particular case is a little different because even though people left; the company still had ability to pay for them. Therefore, it is difficult to draw conclusion from this for other peoples particular cases. In this case; the fair value of the work I did for them would have cost them about $100K (i actually did audited financial statements for them; they are the only company I did audited financial statements for becuase the stakes were very very high for everyone concerned).
I can tell you that when a company does get this type of RFE; it is very difficult to substantiate everyone together and the calculations and supporting documentation is very complex AND companies have very little desire to help those who have already left. In these types of queries; the company/lawyer doesn't even bother to justify those who have already left; they just ask for revoation and they prove ability to pay for those who are still left with the company. Therefore; USCIS could just make the determination that those revoked cases were approved in error.
The main law for ability to pay is that company has to prove it from priority date until person obtains lawful permanent residency; law was never changed/modified to accomodate ability to pay for a company whose candidates have left using ac21.
Note: This is all pure speculation of what is going on in these cases. I am just writing out loud of why/if there is a shift within uscis.
hairstyles The Amore Mio Low Chair and
gaz
09-17 02:01 PM
and there are 11 amendments and speaker wants them to be sent to the chair of immigration...mr smith stalling
go zoe go...push this through ...
http://judiciary.edgeboss.net/real-live/judiciary/17223/56_judiciary-coj_2141_070212.smi
i'm using realplayer
go zoe go...push this through ...
http://judiciary.edgeboss.net/real-live/judiciary/17223/56_judiciary-coj_2141_070212.smi
i'm using realplayer
Nagireddi
04-20 01:46 PM
$100 sent just now.I wish I can contribute more. I am sure I will do soon. Please send your contributions to our immigrationvoice.
rheoretro
09-13 03:36 PM
Yes, I obviously cannot diasgree with that logic; it is all about votes. But, I looked at the articles: the one in WASH POST is about illegal immigration. Also, there is no article in NY TIMES. We need the big newspapers and PBS to discuss our issue repeatedly.
Also, all these articles should be on a sitcky thread for all to see.
Why don't you write and sumbit an op-ed piece to The NY Times? While I personally like watching Jim Lehrer's newshour on PBS, we shouldn't get obsessed with a particular program. We have been featured all over the mainstream media.
Here's the Washington Post Article that inspired me to join IV in April. I challenge you to write an article that will get us our next 6,000 members. And alll news articles about IV exist on a thread. Please look carefully before you trash our efforts. Thank you.
RR
--------------------------------------------------------------------------
Skilled Immigrants Turn to K Street
High-Tech Workers Awaiting Green Cards Hire Lobbyists, Hit the Hill
By S. Mitra Kalita
Washington Post Staff Writer
Wednesday, April 26, 2006; D01
On the December day when Congress killed a budget amendment that might have allowed him to become an American a little sooner, Aman Kapoor started a movement.
He did not march through streets, carry signs, wave a flag from here or there. He did not walk off the job or file out of school. The computer programmer simply went online to a message board tracked by thousands of people in his predicament: highly skilled foreigners waiting years for their green cards.
"I think we can do better and really create the impact with organized effort," he wrote. "To achieve this we need a group of individuals who have shown commitment and motivation in this forum."
The next night, a dozen people living across the United States shed their Internet handles -- Kapoor's was "WaldenPond," a nod to his hero, Henry David Thoreau -- and addressed one another by name on a conference call that lasted an hour. Today, just four months later, the organization they dubbed Immigration Voice boasts 3,000 members; a fundraising goal of $200,000; and, most notably, a partnership with a high-powered lobbying firm, Quinn Gillespie & Associates LLC.
The group's transformation from an insular circle to a politically active movement offers a window into an alternative immigrant campaign being waged as the Senate this week resumes its work on immigration laws.
Most members and all the core organizers of Immigration Voice hail from India, though Chinese membership numbers in the hundreds and is on the rise. Most arrived on an international student visa or a visa known as the H-1B, reserved for highly skilled workers who can stay for up to six years -- unless an employer sponsors their green cards, which grant immigrants permanent residence in the United States and the right to live and work here freely. Over the past decade, the largest numbers of H-1Bs have been awarded to high-technology workers from India and China.
Thus, while the passage of a strict border-security bill introduced by Rep. F. James Sensenbrenner Jr. (R-Wis.) mobilized many other immigrants in December, members of this high-tech group had their eye on another: a budget reconciliation bill that, in the Senate version, would have allowed those waiting in line for a green card to proceed even if the quota had been exhausted. The provision was cut in conference committee, stirring many to action and leading to the founding of Immigration Voice.
While hundreds of thousands of protesters took to the streets to get Congress's attention, Immigration Voice took a decidedly different approach. Shortly after the group was established, Kapoor and other volunteers began interviewing lobbyists, relying mostly on Google searches and data from the Center for Public Integrity's Web site.
"If it was not going to be big, it would not be worth the effort," said Kapoor, who works for Florida State University and has traveled to Washington nine times in the past three months. "Most of us have reached that point, having waited for eight or nine years, where individual lives are on hold."
Neither Quinn Gillespie nor Immigration Voice would disclose the amount being paid for the firm's services. Kapoor said it is "less than five figures."
"This is a sympathetic story," said Nick Maduros, a lobbyist for Quinn Gillespie. "For this group, their issues are very technical and are frankly not that controversial, but they have been overshadowed ."
Immigration Voices also enlisted the help of Rick Swartz, who has his own firm and has long been a leading lobbyist for immigration groups. Swartz gathered members of the group at his home one January weekend for a crash course in American politics, teaching them to position themselves as the "new Cubans for the Republicans."
Although their numbers are far smaller -- fewer than 2 million Indians live in the United States, according to the 2000 Census -- the group is among the more affluent immigrant communities. And because their numbers are smaller than those of Hispanics, they are trying to focus on other ways they can exert power -- through their wealth, their positions of influence in the high-tech and business communities, and their alliances with more established advocacy groups such as one for Indian physicians and an Indian political action committee.
While the immigrant marchers' demands have covered a range of issues, including allowing immigrants to gain legal status and eventually citizenship, the members of this association are more narrowly focused: They want Congress to pass measures that would end the years-long wait for a green card. In fact, they warn that efforts to enable millions of illegal immigrants to remain here permanently would result in the same bureaucratic nightmare legal immigrants are now facing.
"If you're going to reform, reform across the board," said Bharati Mandapati, who oversees content for the group, which means she has learned how to word and pitch legislative amendments.
The group has refrained from taking a stand on the fate of the undocumented workers, though it monitors chatter on its Web site to ensure that frustrated high-tech workers don't disparage lower-skilled laborers such as landscapers and restaurant workers. It also has stayed mum on raising the cap on H-1Bs, the visas that made most of their passages possible.
Under a proposal introduced by Sen. Arlen Specter (R-Pa.), the number of employment-based green cards being issued would increase from 140,000 to 290,000. Currently, no one country is supposed to take up more than 7 percent of the allotment, though unused green cards can be redistributed to countries that have already met their quota. That has made possible migrations in excess of 7 percent from nations such as India, China, Mexico and the Philippines. Under the proposal, the per-country cap would be increased to a hard and fast 10 percent. Proponents say this would prevent one country from dominating the category and would retain jobs for native-born Americans.
But Mandapati, a California-based economist, argues that the restriction would hurt the United States because the demand for skills changes. "It just so happens that computer technology and certain technical skills are in great demand here and all over the world. It just so happens that there are two countries that have invested a lot of resources in educating people in these fields . . . India and China."
About a half-million immigrants are caught in the green-card backlog, some as they wait for Labor Department approval or because quotas have been exceeded. In that time, they cannot be promoted or given substantial pay increases because that would mean a change in job description and salary. They turn to Web sites to compare their wait times with others, and their Internet handles, such as "stucklabor" and "waiting_labor," exude their frustration.
During meetings on Capitol Hill, Maduros and at least one Immigration Voice representative lay out the group's platform, weaving in the personal stories of members. Shilpa Ghodgaonkar, a Germantown housewife, has become a staple anecdote -- and a frequent visitor on the Hill.
For four years, she and her husband have been waiting for their green cards. Ghodgaonkar's husband arrived on an H-1B visa, and she followed as his dependent, unauthorized to work here. To pass the time, she learned to cook. Then she volunteered as a career counselor in Montgomery County. Last year, she earned her MBA from George Washington University. In December, around the time Kapoor sent out his e-mail plea for mass mobilization, Ghodgaonkar had run out of options.
"I just couldn't keep quiet anymore," Ghodgaonkar said. "I cannot be depressed anymore."
She keeps a spreadsheet that lays out appointment times and the senators' offices she has visited or still plans to: Specter, Frist, Schumer, Brownback, Bingaman, Feinstein, Feingold. Wednesdays bring a weekly call with Quinn Gillespie. And every few nights, there are conference calls among Immigration Voice's core team.
Now the group plans to closely watch the debate resuming in the Senate Judiciary Committee. Earlier this month, Sen. Sam Brownback (R-Kan.) proposed amendments with all of the group's provisions. Other lawmakers confirm that they are still meeting with the group to hear their concerns.
Immigration Voice leaders say the past few months have focused and politicized Indian immigrants in a way that was not apparent in the past. "There is a very 'Mr. Smith Goes to Washington' quality" about the current effort, Mandapati said. "It's been a journey, a loss of naivet� and getting to know about American politics."
� 2006 The Washington Post Company
Also, all these articles should be on a sitcky thread for all to see.
Why don't you write and sumbit an op-ed piece to The NY Times? While I personally like watching Jim Lehrer's newshour on PBS, we shouldn't get obsessed with a particular program. We have been featured all over the mainstream media.
Here's the Washington Post Article that inspired me to join IV in April. I challenge you to write an article that will get us our next 6,000 members. And alll news articles about IV exist on a thread. Please look carefully before you trash our efforts. Thank you.
RR
--------------------------------------------------------------------------
Skilled Immigrants Turn to K Street
High-Tech Workers Awaiting Green Cards Hire Lobbyists, Hit the Hill
By S. Mitra Kalita
Washington Post Staff Writer
Wednesday, April 26, 2006; D01
On the December day when Congress killed a budget amendment that might have allowed him to become an American a little sooner, Aman Kapoor started a movement.
He did not march through streets, carry signs, wave a flag from here or there. He did not walk off the job or file out of school. The computer programmer simply went online to a message board tracked by thousands of people in his predicament: highly skilled foreigners waiting years for their green cards.
"I think we can do better and really create the impact with organized effort," he wrote. "To achieve this we need a group of individuals who have shown commitment and motivation in this forum."
The next night, a dozen people living across the United States shed their Internet handles -- Kapoor's was "WaldenPond," a nod to his hero, Henry David Thoreau -- and addressed one another by name on a conference call that lasted an hour. Today, just four months later, the organization they dubbed Immigration Voice boasts 3,000 members; a fundraising goal of $200,000; and, most notably, a partnership with a high-powered lobbying firm, Quinn Gillespie & Associates LLC.
The group's transformation from an insular circle to a politically active movement offers a window into an alternative immigrant campaign being waged as the Senate this week resumes its work on immigration laws.
Most members and all the core organizers of Immigration Voice hail from India, though Chinese membership numbers in the hundreds and is on the rise. Most arrived on an international student visa or a visa known as the H-1B, reserved for highly skilled workers who can stay for up to six years -- unless an employer sponsors their green cards, which grant immigrants permanent residence in the United States and the right to live and work here freely. Over the past decade, the largest numbers of H-1Bs have been awarded to high-technology workers from India and China.
Thus, while the passage of a strict border-security bill introduced by Rep. F. James Sensenbrenner Jr. (R-Wis.) mobilized many other immigrants in December, members of this high-tech group had their eye on another: a budget reconciliation bill that, in the Senate version, would have allowed those waiting in line for a green card to proceed even if the quota had been exhausted. The provision was cut in conference committee, stirring many to action and leading to the founding of Immigration Voice.
While hundreds of thousands of protesters took to the streets to get Congress's attention, Immigration Voice took a decidedly different approach. Shortly after the group was established, Kapoor and other volunteers began interviewing lobbyists, relying mostly on Google searches and data from the Center for Public Integrity's Web site.
"If it was not going to be big, it would not be worth the effort," said Kapoor, who works for Florida State University and has traveled to Washington nine times in the past three months. "Most of us have reached that point, having waited for eight or nine years, where individual lives are on hold."
Neither Quinn Gillespie nor Immigration Voice would disclose the amount being paid for the firm's services. Kapoor said it is "less than five figures."
"This is a sympathetic story," said Nick Maduros, a lobbyist for Quinn Gillespie. "For this group, their issues are very technical and are frankly not that controversial, but they have been overshadowed ."
Immigration Voices also enlisted the help of Rick Swartz, who has his own firm and has long been a leading lobbyist for immigration groups. Swartz gathered members of the group at his home one January weekend for a crash course in American politics, teaching them to position themselves as the "new Cubans for the Republicans."
Although their numbers are far smaller -- fewer than 2 million Indians live in the United States, according to the 2000 Census -- the group is among the more affluent immigrant communities. And because their numbers are smaller than those of Hispanics, they are trying to focus on other ways they can exert power -- through their wealth, their positions of influence in the high-tech and business communities, and their alliances with more established advocacy groups such as one for Indian physicians and an Indian political action committee.
While the immigrant marchers' demands have covered a range of issues, including allowing immigrants to gain legal status and eventually citizenship, the members of this association are more narrowly focused: They want Congress to pass measures that would end the years-long wait for a green card. In fact, they warn that efforts to enable millions of illegal immigrants to remain here permanently would result in the same bureaucratic nightmare legal immigrants are now facing.
"If you're going to reform, reform across the board," said Bharati Mandapati, who oversees content for the group, which means she has learned how to word and pitch legislative amendments.
The group has refrained from taking a stand on the fate of the undocumented workers, though it monitors chatter on its Web site to ensure that frustrated high-tech workers don't disparage lower-skilled laborers such as landscapers and restaurant workers. It also has stayed mum on raising the cap on H-1Bs, the visas that made most of their passages possible.
Under a proposal introduced by Sen. Arlen Specter (R-Pa.), the number of employment-based green cards being issued would increase from 140,000 to 290,000. Currently, no one country is supposed to take up more than 7 percent of the allotment, though unused green cards can be redistributed to countries that have already met their quota. That has made possible migrations in excess of 7 percent from nations such as India, China, Mexico and the Philippines. Under the proposal, the per-country cap would be increased to a hard and fast 10 percent. Proponents say this would prevent one country from dominating the category and would retain jobs for native-born Americans.
But Mandapati, a California-based economist, argues that the restriction would hurt the United States because the demand for skills changes. "It just so happens that computer technology and certain technical skills are in great demand here and all over the world. It just so happens that there are two countries that have invested a lot of resources in educating people in these fields . . . India and China."
About a half-million immigrants are caught in the green-card backlog, some as they wait for Labor Department approval or because quotas have been exceeded. In that time, they cannot be promoted or given substantial pay increases because that would mean a change in job description and salary. They turn to Web sites to compare their wait times with others, and their Internet handles, such as "stucklabor" and "waiting_labor," exude their frustration.
During meetings on Capitol Hill, Maduros and at least one Immigration Voice representative lay out the group's platform, weaving in the personal stories of members. Shilpa Ghodgaonkar, a Germantown housewife, has become a staple anecdote -- and a frequent visitor on the Hill.
For four years, she and her husband have been waiting for their green cards. Ghodgaonkar's husband arrived on an H-1B visa, and she followed as his dependent, unauthorized to work here. To pass the time, she learned to cook. Then she volunteered as a career counselor in Montgomery County. Last year, she earned her MBA from George Washington University. In December, around the time Kapoor sent out his e-mail plea for mass mobilization, Ghodgaonkar had run out of options.
"I just couldn't keep quiet anymore," Ghodgaonkar said. "I cannot be depressed anymore."
She keeps a spreadsheet that lays out appointment times and the senators' offices she has visited or still plans to: Specter, Frist, Schumer, Brownback, Bingaman, Feinstein, Feingold. Wednesdays bring a weekly call with Quinn Gillespie. And every few nights, there are conference calls among Immigration Voice's core team.
Now the group plans to closely watch the debate resuming in the Senate Judiciary Committee. Earlier this month, Sen. Sam Brownback (R-Kan.) proposed amendments with all of the group's provisions. Other lawmakers confirm that they are still meeting with the group to hear their concerns.
Immigration Voice leaders say the past few months have focused and politicized Indian immigrants in a way that was not apparent in the past. "There is a very 'Mr. Smith Goes to Washington' quality" about the current effort, Mandapati said. "It's been a journey, a loss of naivet� and getting to know about American politics."
� 2006 The Washington Post Company
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