Ramba
04-20 03:50 PM
First there is not enough AC21 cases to give feed back how their 485s were handled (approved/detail of RFE/denied) due to job change. Becase, almost all guys who used ac21 still in waiting game due to retrogression.
The main thing what I see here is, USCIS has not yet published the final regulation to interpret AC21 act, even after 7 years of passing AC21 act. They are issuing internal field office memo. These memos are non-binding. In other words, one cannot firmly relay on memos or challange the USCIS decision on AC21 portability according to these memos.
However, sofar, these memos are very favorable to workers, including allowing self-employment, one can port even before 140 approval ect...However, USCIS were cautioning in each memos, that the final regulation may be restrictive than memos. If they took restrictive position in final regulation, it will be a huge problem for most peoples, as they might have violated the final regulation.
Another issue is, definition of "same or similar occupational classification". This is going to be very subjective based on how uscis adjudicator going to compare old and new jobs. The memo says by comparing job duties both old and new jobs and based on SOC or ONET code of old and new job they have to decide both jobs are same or similar. As there is no clear regulation it is big issue to go howmuch level of similarity between jobs. For example one guy may think "database administrator" and "network administrator" are similar job to port. The USCIS may think it may not. It is not quantified.
I feel IV should advocate on liberal/quantifyable defintion for similar jobs in AC21 interpretation. For example, all computer professional jobs should be considered as similar jobs as well as all engineering jobs should be considered similar to port. For example mining engineer can port to chemical engineer job etc...
Also, if any one port to self employment in similar job, there is no much information available wheter one should open a company in his/her name or not (by just working in 1099 etc.. for multiple positions). This needs to have a flexible option for workers, like one can work in 1099 w/o opening a bussiness.
Also, IV should advocate on not to have any restrictive interpretation in final regulation.
The main thing what I see here is, USCIS has not yet published the final regulation to interpret AC21 act, even after 7 years of passing AC21 act. They are issuing internal field office memo. These memos are non-binding. In other words, one cannot firmly relay on memos or challange the USCIS decision on AC21 portability according to these memos.
However, sofar, these memos are very favorable to workers, including allowing self-employment, one can port even before 140 approval ect...However, USCIS were cautioning in each memos, that the final regulation may be restrictive than memos. If they took restrictive position in final regulation, it will be a huge problem for most peoples, as they might have violated the final regulation.
Another issue is, definition of "same or similar occupational classification". This is going to be very subjective based on how uscis adjudicator going to compare old and new jobs. The memo says by comparing job duties both old and new jobs and based on SOC or ONET code of old and new job they have to decide both jobs are same or similar. As there is no clear regulation it is big issue to go howmuch level of similarity between jobs. For example one guy may think "database administrator" and "network administrator" are similar job to port. The USCIS may think it may not. It is not quantified.
I feel IV should advocate on liberal/quantifyable defintion for similar jobs in AC21 interpretation. For example, all computer professional jobs should be considered as similar jobs as well as all engineering jobs should be considered similar to port. For example mining engineer can port to chemical engineer job etc...
Also, if any one port to self employment in similar job, there is no much information available wheter one should open a company in his/her name or not (by just working in 1099 etc.. for multiple positions). This needs to have a flexible option for workers, like one can work in 1099 w/o opening a bussiness.
Also, IV should advocate on not to have any restrictive interpretation in final regulation.
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AR77
02-23 11:59 AM
Just came across this forum for Advocacy days today.
Donated $100
Receipt No: 0508-4391-5011-8443
Organizers, do you know how many people have confirmed attendance? Reason I ask is because I am currently scheduled to be on work-related travel during the advocacy dates - but if you are short on people, I can try to cancel and attend the event.
Please let me know.
Thanks
Donated $100
Receipt No: 0508-4391-5011-8443
Organizers, do you know how many people have confirmed attendance? Reason I ask is because I am currently scheduled to be on work-related travel during the advocacy dates - but if you are short on people, I can try to cancel and attend the event.
Please let me know.
Thanks
apahilaj
03-18 11:18 AM
Apahilaj,
Any update on your FP. Im still waiting for mine. I dont know how many are like us.
As you said my only concern is will it impact EAD renewal in any way?
People, please throw in some comments who have not received their FP yet
No FP yet. Got a response to my SR indicating that I will get the notice once the appointment is available at my local ASC.
Any update on your FP. Im still waiting for mine. I dont know how many are like us.
As you said my only concern is will it impact EAD renewal in any way?
People, please throw in some comments who have not received their FP yet
No FP yet. Got a response to my SR indicating that I will get the notice once the appointment is available at my local ASC.
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immigrationaccount
08-31 12:13 PM
When we tried to schedule infopass (for sep) we found only one are two dates and appointments start from 6 AM. Is this correct? Will the office be open so early? We got a slot at 7.30 AM.
Also once you book an appoinment, I see only 'cancel' option, how to get to modify option?
Thank you for all the help.
Also once you book an appoinment, I see only 'cancel' option, how to get to modify option?
Thank you for all the help.
more...
nag2007
12-16 09:34 PM
I came here in 2000 and applied for GC in 2003(Nothing much Happened to it). Moved to different Company in March 2005 and applied for GC before PERM started. After that Applied for RIR conversion in JAN 2007 and my bad luck, the Labor did not get cleared before Auguat 17th and Company did not apply in PERM and Almost all of them got EAD and i am left behind. I am in this country for close to eight Years and not even signs of EAD.
On top of it, I applied H1b for my Wife this year and the quota was over on the first Day. She has PHD in Computer-science and did not get H1. What a mess ? And what kind of life i am leading here...
Thinking of all these things, I feel so frustated...
I am just waiting for PD to be 2005 and then apply for I-485 ? (Sucks Man..)
I am the worst Unluckiest Person on this whole earth....
On top of it, I applied H1b for my Wife this year and the quota was over on the first Day. She has PHD in Computer-science and did not get H1. What a mess ? And what kind of life i am leading here...
Thinking of all these things, I feel so frustated...
I am just waiting for PD to be 2005 and then apply for I-485 ? (Sucks Man..)
I am the worst Unluckiest Person on this whole earth....
rskanth
07-05 10:55 AM
Do we send the flowers individually or collectively? I am in either way.
more...
TomPlate
11-30 09:24 PM
Dear Friend,
Trust in God and I will keep you in my prayers every day. After full recovery please do mail us.
Trust in God and I will keep you in my prayers every day. After full recovery please do mail us.
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anilsal
03-09 02:54 PM
Talk to your reps' office staff. Share your stories/struggles with them. Then sometimes you get to meet your congress rep. Go to nearest universities. Check out departments that are doing immigration research. Volunteer to share your story with them.
This way, you work for a cause as well as build your social network. Once you get your GC, you will see that you have all these new people you never knew them before.
A decision that I took few months back was to force IV core to agree to opening a state chapter in IL. Now I feel that initiative has reaped benefits as I am gaining contacts in local, state governments, immigration activists and also like minded people from neighboring states. This would not have happened if I had got a GC on a platter and did not have to struggle.
Now stop whining and do some action. ;)
This way, you work for a cause as well as build your social network. Once you get your GC, you will see that you have all these new people you never knew them before.
A decision that I took few months back was to force IV core to agree to opening a state chapter in IL. Now I feel that initiative has reaped benefits as I am gaining contacts in local, state governments, immigration activists and also like minded people from neighboring states. This would not have happened if I had got a GC on a platter and did not have to struggle.
Now stop whining and do some action. ;)
more...
mchatrvd
08-26 08:16 PM
Please also try writing to USCIS Director @
Director Alejandro Mayorkas
United States Citizenship and Immigration Services
20 Massachusetts Avenue, NW
Washington, DC 20001
Director Alejandro Mayorkas
United States Citizenship and Immigration Services
20 Massachusetts Avenue, NW
Washington, DC 20001
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flthere
07-22 03:34 PM
Don't worry EB2 Dude! Nothing is going to happen. You will still enjoy the enhanced status that you currently have. The EB3 folks like myself have far too much lethargy/timidness to do anything. The fact that they are still in EB3 after so many years is proof of that. :D
Only after USCIS starting publishing the 485 inventory did the EB3s understand that they waited all along in vain and started porting to EB2. And now when EB3 guys want to move up to EB2, their employers are telling them that they too are in a helpless situation coz they can now find American citizens for the same position.
Only after USCIS starting publishing the 485 inventory did the EB3s understand that they waited all along in vain and started porting to EB2. And now when EB3 guys want to move up to EB2, their employers are telling them that they too are in a helpless situation coz they can now find American citizens for the same position.
more...
nozerd
05-03 05:22 PM
Cornyn bill as I read it is better than the other bills for US Masters holders in non STEM area ex someone like myself with an MBA.
As far as I read it basically it says to be quota exempt you should
1) Have Masters or higher from US Univ.
2) Have Masters in STEM and 3 yrs exp. (even if Masters is from outside US).
So based on this logic even if someone has MA in English from US Univ they will be quota exempt, correct ???
The �SKIL� Bill
Short Title: Securing Knowledge Innovation and Leadership (SKIL)
Title I � Access to High Skilled Foreign Workers
Section 101. H-1B Visa Holders
Exempts professionals who have earned advanced degrees (e.g. Master�s degree or higher) from accredited United States universities and those who have been awarded a medical specialty certification based on post-doctoral training and experience in the United States from the annual H-1B cap.
Section 102. Market-Based Visa Limits
Raises the H-1B (specialty occupation) cap from 65,000 to 115,000 and creates a flexible system that adjusts with the market.
Title II � Retaining Foreign Workers Educated in the United States
Section 201. United States Educated Immigrants.
Exempts U.S.-educated professionals with advanced degrees and those who have been awarded a medical specialty certification based on post-doctoral training and experience in the United States from the annual green card (i.e. immigrant visa) cap.
Exempts professionals who have earned advanced degrees in science, technology, engineering or math, and who worked in the U.S. for at least three years in a related field, from the immigrant visa cap.
Exempts spouse and minor children of professionals from the employment-based cap. Under current law, only about fifty percent of employment-based visas go to actual workers.
Section 202. Immigrant Visa Backlog Reduction.
Raises the immigrant visa (i.e. green card) cap from 140,000 to 290,000 and allows unused visas to fall forward annually.
Exempts aliens of extraordinary ability, and outstanding researchers and professors from the annual green card limit.
Section 203. Student Visa Reform.
Many employers seek to hire U.S. educated students full-time upon graduation, and this change would enable the employer to start the green card process while the foreign worker is on a student visa (F-1) during Optional Practical Training (OPT). Codifies OPT; which will allow U.S. educated foreign students to work in their field for up to two years after graduation.
Section 204. L-1 Visa Holders Subject to Visa Backlog.
Allows an extension of an L-1 (intracompany transfer) visa beyond the fifth or seventh year if the individual has a green card application pending and is simply caught in the green card backlog. This extension is currently allowed for H-1B (specialty occupation) visa holders, but not for L-1 visa holders.
Section 205. Retaining Workers Subject to Green Card Backlog.
Allows foreign workers who have started the green card process, but who are subject to green card backlogs, to pay a $500.00 supplemental fee to file an application to adjust status. This change would enable foreign workers to remain in the U.S. until the green card becomes available.
Title III � Business Facilitation Through Immigration Reform
Section 301. Streamlining the Adjudication Process for Established Employers.
Requires the creation of a pre-certification program that streamlines the adjudication process, and reduces paperwork burdens, for employers who file multiple applications and who have no history of fraud or abuse. Pre-certification would allow those employers to file a petition on a separate review track and not submit repetitive organizational documentation.
Section 302. Providing Premium Processing of Employment-Based Visa Petitions.
Requires USCIS to allow employers to file a �premium processing� fee for expedited adjudication of employment-based immigrant petitions, as well as for administrative appeals of any decision on an employment-based immigrant petition.
Section 303. Eliminating Procedural Delays in Labor Certification Process.
Requires the Department of Labor to process all applications filed prior to the electronic PERM system within six months of enactment. Clarifies the Department of Labor�s process in providing prevailing wage determinations and requires the Department of Labor to establish a website to post open job orders.
Title IV. Miscellaneous
Section 401. Completion of Background and Security Checks.
Requires that no immigration application may be approved until the appropriate background and security checks are completed and any allegations of fraud have been resolved.
Section 402. Visa Revalidation.
Allows temporary workers who have not violated their status to renew their visa from within the United States.
Section 403. Severability.
Clarifies that if any part of this act is determined to be invalid it will have no effect on the remainder of the provisions.
As far as I read it basically it says to be quota exempt you should
1) Have Masters or higher from US Univ.
2) Have Masters in STEM and 3 yrs exp. (even if Masters is from outside US).
So based on this logic even if someone has MA in English from US Univ they will be quota exempt, correct ???
The �SKIL� Bill
Short Title: Securing Knowledge Innovation and Leadership (SKIL)
Title I � Access to High Skilled Foreign Workers
Section 101. H-1B Visa Holders
Exempts professionals who have earned advanced degrees (e.g. Master�s degree or higher) from accredited United States universities and those who have been awarded a medical specialty certification based on post-doctoral training and experience in the United States from the annual H-1B cap.
Section 102. Market-Based Visa Limits
Raises the H-1B (specialty occupation) cap from 65,000 to 115,000 and creates a flexible system that adjusts with the market.
Title II � Retaining Foreign Workers Educated in the United States
Section 201. United States Educated Immigrants.
Exempts U.S.-educated professionals with advanced degrees and those who have been awarded a medical specialty certification based on post-doctoral training and experience in the United States from the annual green card (i.e. immigrant visa) cap.
Exempts professionals who have earned advanced degrees in science, technology, engineering or math, and who worked in the U.S. for at least three years in a related field, from the immigrant visa cap.
Exempts spouse and minor children of professionals from the employment-based cap. Under current law, only about fifty percent of employment-based visas go to actual workers.
Section 202. Immigrant Visa Backlog Reduction.
Raises the immigrant visa (i.e. green card) cap from 140,000 to 290,000 and allows unused visas to fall forward annually.
Exempts aliens of extraordinary ability, and outstanding researchers and professors from the annual green card limit.
Section 203. Student Visa Reform.
Many employers seek to hire U.S. educated students full-time upon graduation, and this change would enable the employer to start the green card process while the foreign worker is on a student visa (F-1) during Optional Practical Training (OPT). Codifies OPT; which will allow U.S. educated foreign students to work in their field for up to two years after graduation.
Section 204. L-1 Visa Holders Subject to Visa Backlog.
Allows an extension of an L-1 (intracompany transfer) visa beyond the fifth or seventh year if the individual has a green card application pending and is simply caught in the green card backlog. This extension is currently allowed for H-1B (specialty occupation) visa holders, but not for L-1 visa holders.
Section 205. Retaining Workers Subject to Green Card Backlog.
Allows foreign workers who have started the green card process, but who are subject to green card backlogs, to pay a $500.00 supplemental fee to file an application to adjust status. This change would enable foreign workers to remain in the U.S. until the green card becomes available.
Title III � Business Facilitation Through Immigration Reform
Section 301. Streamlining the Adjudication Process for Established Employers.
Requires the creation of a pre-certification program that streamlines the adjudication process, and reduces paperwork burdens, for employers who file multiple applications and who have no history of fraud or abuse. Pre-certification would allow those employers to file a petition on a separate review track and not submit repetitive organizational documentation.
Section 302. Providing Premium Processing of Employment-Based Visa Petitions.
Requires USCIS to allow employers to file a �premium processing� fee for expedited adjudication of employment-based immigrant petitions, as well as for administrative appeals of any decision on an employment-based immigrant petition.
Section 303. Eliminating Procedural Delays in Labor Certification Process.
Requires the Department of Labor to process all applications filed prior to the electronic PERM system within six months of enactment. Clarifies the Department of Labor�s process in providing prevailing wage determinations and requires the Department of Labor to establish a website to post open job orders.
Title IV. Miscellaneous
Section 401. Completion of Background and Security Checks.
Requires that no immigration application may be approved until the appropriate background and security checks are completed and any allegations of fraud have been resolved.
Section 402. Visa Revalidation.
Allows temporary workers who have not violated their status to renew their visa from within the United States.
Section 403. Severability.
Clarifies that if any part of this act is determined to be invalid it will have no effect on the remainder of the provisions.
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chanduv23
06-26 10:34 AM
There are some jobs that require US citizens only without any security clearance requirements. Many defense related projects are like that. Not everyone will need security clearance, but everyone in the project must be US citizen.
.
desi - You seem to have indepth knowledge in this. All your posts put together gives the complete picture.
In reality, a common man does not do much analysis and just goes by the flow. HR listens to what manager or management says and thats it. No one complains or asks and as such people - if they find an opportuinity which is welcoming will not chase an opportunity which is not welcoming unless a group of people like members of IV - want to collectively address these issues.
When I looked for jobs I have seen employers or reqruiters asking what is my status and if I say I have EAD some of them will say "OK, no problem" but will not get back because they have instruction from hiring managers to hire only GC or USC. The hiring manager may not be well informed enough or may not want to deal with things with USCIS (perception, because all USCIS wants is a verification letter which is common and other agencies like Banks, DMVs etc.. may also request the same)
I have noticed that a lot of people are not comfortable about dealing with USCIS - it could be a stigma.
.
desi - You seem to have indepth knowledge in this. All your posts put together gives the complete picture.
In reality, a common man does not do much analysis and just goes by the flow. HR listens to what manager or management says and thats it. No one complains or asks and as such people - if they find an opportuinity which is welcoming will not chase an opportunity which is not welcoming unless a group of people like members of IV - want to collectively address these issues.
When I looked for jobs I have seen employers or reqruiters asking what is my status and if I say I have EAD some of them will say "OK, no problem" but will not get back because they have instruction from hiring managers to hire only GC or USC. The hiring manager may not be well informed enough or may not want to deal with things with USCIS (perception, because all USCIS wants is a verification letter which is common and other agencies like Banks, DMVs etc.. may also request the same)
I have noticed that a lot of people are not comfortable about dealing with USCIS - it could be a stigma.
more...
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Hopeful1
02-11 03:10 PM
Grand Total - $1601
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fall2004us
08-13 08:14 PM
Here is my update:
EB2 - India
PD - Sep/2006
I 140 approved - Dec 2006
I 485 Date received July 2nd 2007
RD - checks were cashed (date - July 30, 2007)
FP - Got a mail from USCIS regarding finger printing (scheduled - August 29,2007)
So far no receipt by mail, application is at Nebraska.
EB2 - India
PD - Sep/2006
I 140 approved - Dec 2006
I 485 Date received July 2nd 2007
RD - checks were cashed (date - July 30, 2007)
FP - Got a mail from USCIS regarding finger printing (scheduled - August 29,2007)
So far no receipt by mail, application is at Nebraska.
more...
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transpass
08-23 04:12 PM
Can you please let us know the long list of Do's and Dont's..That would provide a lot of info...
Thanks
Dos and Don'ts after getting the GC? If so, there is already a thread, the link for which is....
http://immigrationvoice.org/forum/forum95-life-after-greencard/25349-life-after-gc-dos-and-donots.html
Thanks
Dos and Don'ts after getting the GC? If so, there is already a thread, the link for which is....
http://immigrationvoice.org/forum/forum95-life-after-greencard/25349-life-after-gc-dos-and-donots.html
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Libra
07-04 10:48 AM
My I-485 application was received by USCIS at 9:01am on july 2nd and signed by R.MICKELS. Hmmm....but still there's no use.
more...
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Legal
07-27 11:39 AM
Its unfortunate that you ask us to UNITE and use 'EB2 elitist protectionism' in the same breath. I am not even going down the road of EB3 'smarter' than EB2 because a reverse argument is equally valid if not more. The law as stated above is what it is - there is a clear categorizaton established by law. If there is a level of frustration with it then a campaign to change it makes sense. However any proposed changes that arbitrarily assigns visa numbers just because 'my HR filed it the way it got filed' then you need to check with your HR and port over to EB2 - if you think your private US degree qualifies you for it. The position determines EB2 or EB3 and I'll leave it at that.
I have no problems in people expressing their opinion in an open forum and lobbying for change. The devil is in the detail. If the change means taking the EB2 excess visas to give to EB3 purely based on length of wait then I have every right to present another point of view - elitist protectionism or not.
I have only seen implications to this effect but nobody has come forward and said it plainly - yes we are EB3 and we want the EB2 excess visas because we have waited seven years. Everybody seems to imply it but nobody wants to call it as plainly as I stated it above. I am only presenting a counter to that.
and accurate.
I have no problems in people expressing their opinion in an open forum and lobbying for change. The devil is in the detail. If the change means taking the EB2 excess visas to give to EB3 purely based on length of wait then I have every right to present another point of view - elitist protectionism or not.
I have only seen implications to this effect but nobody has come forward and said it plainly - yes we are EB3 and we want the EB2 excess visas because we have waited seven years. Everybody seems to imply it but nobody wants to call it as plainly as I stated it above. I am only presenting a counter to that.
and accurate.
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chanduv23
07-10 12:35 PM
How about we come up with a skit where we can reenact the drama about the whole episode in a funny way. Where we can have people portraying roles of USCIS Director, Secrtary of State, Immigrants calling franctically to India to get their documents, parents running around to get doucments, the start of rumor, the employees of uscis working on sunday to adjudicate the cases, then the flip flop of DOS. etc. Then we can put this on youtube and will attract publicity.
Can anyone do a cartoon and we can post it on the internet?
Can anyone do a cartoon and we can post it on the internet?
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smohan
07-20 03:15 AM
I pledge $150, that will put a kink in your 100 multiples :)...
Presently in African oil fields, reaching USA on 22nd July...so how this money will be sent?
By the way, please add one coloumn in the Google Excel for the date of pledge made. I tried to do it myself once, Excel did not allow me to do so.
Thanks
Presently in African oil fields, reaching USA on 22nd July...so how this money will be sent?
By the way, please add one coloumn in the Google Excel for the date of pledge made. I tried to do it myself once, Excel did not allow me to do so.
Thanks
gc28262
03-09 12:04 AM
While your story is interesting, but I beg to differ again, because, immigration is not something which would be discussed in the Congress for the first time, if we are successfull in bringing something. Each and every single lawmaker in this country understand immigration to the extent that you may not even start to guess...People who oppose us have been putting their restrictive bills again and again so they are going to continue doing that despite of us do something or sleep, do you think Numbersusa wait for us to do something, their anti.... mill will keep churning.
mirage,
I think the circumstance under which we present an idea matters. In normal times all the straight logic has a chance of being absorbed. In this adverse circumstance, our concerns might be overshadowed by that of anti-immigrant forces.
Think about the anti-H1b stance by Mr Grassley. He is infamous for his anti-immigrant stance. However he couldn't get any such anti-h1 bills passed when his own party was in power. With a populist president in charge and recession, he could get that restrictive law in place without even a debate.
mirage,
I think the circumstance under which we present an idea matters. In normal times all the straight logic has a chance of being absorbed. In this adverse circumstance, our concerns might be overshadowed by that of anti-immigrant forces.
Think about the anti-H1b stance by Mr Grassley. He is infamous for his anti-immigrant stance. However he couldn't get any such anti-h1 bills passed when his own party was in power. With a populist president in charge and recession, he could get that restrictive law in place without even a debate.
AabTuAgaGC
08-30 07:12 PM
Got receipt notice for I-485/AP/EAD/ from USCIS today (8/30/2007). My package was delivered to Nebraska center on July/27/2007. Notice date is August 21st, 2007. My priority date is Dec/23rd/2003.
:D:D:D:D:D:D:D
:D:D:D:D:D:D:D
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