axp817
03-31 09:31 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.
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.
wallpaper G-man is back in Portal 2.
leoindiano
11-04 12:01 PM
Congrats Vikki76,
I am happy for you. As i said, earlier, i called and explained 2 I140's situation, IO verified and told they have already consolidated A numbers and it is current, will send an email to floor. She also confirmed biometrics and Namecheck are cleared as well. I struggled with that part since, they went vermont cause of EAC receipt number....
This is a complex system for the ability and knowledge they have...
I am happy for you. As i said, earlier, i called and explained 2 I140's situation, IO verified and told they have already consolidated A numbers and it is current, will send an email to floor. She also confirmed biometrics and Namecheck are cleared as well. I struggled with that part since, they went vermont cause of EAC receipt number....
This is a complex system for the ability and knowledge they have...
ilikekilo
05-14 12:56 PM
LOL.. nitin...whoever yo uare... you are a piece of work..I feel sorry for you..
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desi485
11-10 06:39 PM
I don't think this is true. But you put a seed of doubt in my mind, I will confirm with my attorney :)
ItIsNotFunny, please DO SHARE once you are able to get some insight from your attorney. Meanwhile, I printed out AC21 IV campaign letters and went to each of my co-worker at my work-site and convinced them to send it. Hopefully atleast some of them will send it. Thanks for your effort on behalf of our "descriminated based on country of birth community" :)
ItIsNotFunny, please DO SHARE once you are able to get some insight from your attorney. Meanwhile, I printed out AC21 IV campaign letters and went to each of my co-worker at my work-site and convinced them to send it. Hopefully atleast some of them will send it. Thanks for your effort on behalf of our "descriminated based on country of birth community" :)
more...
indianindian2006
12-09 10:21 AM
Can somebody please explain what does LUD stand for ? Thanks in advance.
lud--last updated date
lud--last updated date
beppenyc
11-13 03:35 PM
I don`t think, that beside a miracle, the CIR will pass before the end of the year.
I am little bit more positive about the future, why:
- Immigration is the only point where you can find an agreement btwn Bush and the Dems, so to honor this new clime about bipartisan, immigration will be the only point to do it.
-There was an article in the Business week where they are already discussing about the sign ceremony
-Latino voters: not so important NOW, but they growing and 70% voted Blue.
- Watch out the senator of California, Fiengsten, she will fight any skill bill.
- Be positive, Hastert and Sensebrener has gone, they were the worse!
I am little bit more positive about the future, why:
- Immigration is the only point where you can find an agreement btwn Bush and the Dems, so to honor this new clime about bipartisan, immigration will be the only point to do it.
-There was an article in the Business week where they are already discussing about the sign ceremony
-Latino voters: not so important NOW, but they growing and 70% voted Blue.
- Watch out the senator of California, Fiengsten, she will fight any skill bill.
- Be positive, Hastert and Sensebrener has gone, they were the worse!
more...
srikondoji
08-25 12:26 PM
Joke on Free-money-transfer was even highlighted in a movie. Its open secret as to how they offer free-money-transfer service.
I advise you to close ICICI account and open another account with Federal credit unions. Before you do that, ask if you could use their debit cards in India to with draw money from ATM machines. The conversion rate you get via this method matches with the current rate and you would loose nothng. However, you can only withdraw upto 25 thousand rupees per day.
ICICI deliberately delays the money transfer so that they can pick a day with lowest conversaion rate. Again the conversion rate they display on their site is off by almost a rupee from the live conversion rate.
All banks are well protected from laws and you can't do anything about it.
--sri
I advise you to close ICICI account and open another account with Federal credit unions. Before you do that, ask if you could use their debit cards in India to with draw money from ATM machines. The conversion rate you get via this method matches with the current rate and you would loose nothng. However, you can only withdraw upto 25 thousand rupees per day.
ICICI deliberately delays the money transfer so that they can pick a day with lowest conversaion rate. Again the conversion rate they display on their site is off by almost a rupee from the live conversion rate.
All banks are well protected from laws and you can't do anything about it.
--sri
2010 Featured on:Half-Life 2:
immigrationmatters30
05-25 02:56 PM
Looks like they are going to use the unused EB visa numbers for FB.To me, this is family reunification bill and most likely will not have any benefit for us.
I think we need to study the bill in detail before we jump to any conclusions.
From reading the summary in the AILA website, specifically the below :
The legislation would reinforce our commitment to families and reduce current wait times in the family immigration system by:
�Recapturing an estimated 400,000 family-sponsored and employment-based visas that went unused between 1992 and 2007.
Atleast to me it seems like the bill plans on using all the unused visas from the past years and apply that towards the family quota. Not sure if that would help the EB cause.
Inputs anyone?
I think we need to study the bill in detail before we jump to any conclusions.
From reading the summary in the AILA website, specifically the below :
The legislation would reinforce our commitment to families and reduce current wait times in the family immigration system by:
�Recapturing an estimated 400,000 family-sponsored and employment-based visas that went unused between 1992 and 2007.
Atleast to me it seems like the bill plans on using all the unused visas from the past years and apply that towards the family quota. Not sure if that would help the EB cause.
Inputs anyone?
more...
h1techSlave
03-10 11:00 PM
This is more close to reality. There could not be many left in 2001. I would put 2001 pending cases to be close to 2000. In 2002 and 2003 nobody cared about EB2 or EB3. What ever the lawyer said, people agreed. So the numbers for 2002 and 2003 could be even higher than 20000 each. One solace is that many people may have migrated to EB2 using a second labor.
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
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
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Struggle
07-14 12:48 AM
http://digg.com/politics/The_Gandhi_Protests
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nixstor
05-23 04:37 PM
WHY is she backing the bill..what is her motivation? or did she just decide to do a gandhi on us all?
> i am not berating anyone for that matter!
When lawmakers support certain bills..its because of the interst groups that back them..not their inner calling!
"If that is the logic then why do you think that lawmakers will work on "immigration" bills. After all the "immigration" bills only benefit folks who don't vote immediately. "
HR 5882 and HR5921 not only help alleviate ( I am not saying eliminate) backlogs in EB, but also help reduce (Not eliminate) FB backlogs by doing a recapture and carrying over the wasted visa numbers. Do I need to say more on to whom FB matters the most? Don't you think the members we called have an interest in supporting these bills? If you think that only lobbying using those high tech firms helps us get out of this, you must be dreaming.
> i am not berating anyone for that matter!
When lawmakers support certain bills..its because of the interst groups that back them..not their inner calling!
"If that is the logic then why do you think that lawmakers will work on "immigration" bills. After all the "immigration" bills only benefit folks who don't vote immediately. "
HR 5882 and HR5921 not only help alleviate ( I am not saying eliminate) backlogs in EB, but also help reduce (Not eliminate) FB backlogs by doing a recapture and carrying over the wasted visa numbers. Do I need to say more on to whom FB matters the most? Don't you think the members we called have an interest in supporting these bills? If you think that only lobbying using those high tech firms helps us get out of this, you must be dreaming.
hot Portal 2 Secrets « EDJE#39;s Blog
swamy
11-27 07:03 PM
http://www.alipac.us/ftopic-91255-0-days0-orderasc-.html
I think I did last week - yeah they are the lowest of the low cheerleading xenophobes and nativisthatemongers like lou
I think I did last week - yeah they are the lowest of the low cheerleading xenophobes and nativisthatemongers like lou
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house Media in category quot;The G-Man
gc_wait
04-07 12:03 PM
contributed $100.
tattoo Waiting for Portal 2!
pointlesswait
06-12 03:11 PM
i dont think they are hiding any numbers from EB3 ppl..thay are just following the rules book to the letter...
and since only one group of ppl are affected..they dont want to take the pain of fixing the immigration mess...4-5 years is a normal lag for ROW and non retrogressed nations...
You can go to USCIS website they have
information of Freedom of information act..specified..you can get ur dose of reality check if you want...
instead of that you can be more proactive and support IV campaings!
Is IV interested in doing a Freedom Of Information Act request to USCIS how and when they used up all visa numbers for EB3-India. That might show some information if they cooked the numbers if at all. We might get some more insight which monthly VISA bulletin does NOT give.
and since only one group of ppl are affected..they dont want to take the pain of fixing the immigration mess...4-5 years is a normal lag for ROW and non retrogressed nations...
You can go to USCIS website they have
information of Freedom of information act..specified..you can get ur dose of reality check if you want...
instead of that you can be more proactive and support IV campaings!
Is IV interested in doing a Freedom Of Information Act request to USCIS how and when they used up all visa numbers for EB3-India. That might show some information if they cooked the numbers if at all. We might get some more insight which monthly VISA bulletin does NOT give.
more...
pictures G-Man Vort TV.jpg 367070 bytes
mallu
12-04 10:47 PM
Here is the link to Cao v. Upchurch ruling.
http://www.paed.uscourts.gov/documents/opinions/07D0833P.pdf.
http://www.paed.uscourts.gov/documents/opinions/07D0833P.pdf.
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bigboy007
07-18 03:24 PM
It seems few applicants who mailed on 6/29 or 6/30 did got RD of 7/2
http://www..com/usa-immigration-trackers/i485-tracker1/
just wondering how ???
i sorted based on application mailed date , all are pending !!
http://www..com/usa-immigration-trackers/i485-tracker1/
just wondering how ???
i sorted based on application mailed date , all are pending !!
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makeup Portal 2 - Team Fortress 3
sgsg
12-28 02:09 AM
I am in the same boat. I had interview on Dec 17th at 10:30 AM and have not yet received my passport. The lady at the chennai consulate said that they are still waiting on the PIMS verification. I am getting very anxious as I have return tickets for Jan 04.
-sgsg
-sgsg
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sidbee
01-19 08:56 AM
This is a developing story. I am sure there are lots of IV members in H1 and getting/going to be affected. one of the option I am trying to explore is to take the USCIS and CBP to the court. They do not have the authority to decide the employer-employee relationship.
First they came for the communists, and I did not speak out�because I was not a communist;
Then they came for the trade unionists, and I did not speak out�because I was not a trade unionist;
Then they came for the Jews, and I did not speak out�because I was not a Jew;
Then they came for me�and there was no one left to speak out."
The Insightful Immigration Blog � Commentaries on Immigration Policy, Cases and Trends: NEW USCIS MEMO ON EMPLOYER-EMPLOYEE RELATIONSHIP FOR H-1B PETITIONS: IS IT A WAY TO KEEP CERTAIN WORKERS OUT? (http://cyrusmehta.blogspot.com/2010/01/new-uscis-memo-on-employer-employee.html)
http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
Here I want to know how many IV members are in H1B and going to suck into this and how many are ready for the fight. In terms of money and time. Remember, you may not be travelling out of the country anytime soon. But when you are filing for I-485, USCIS can deny because you are not in status at the time of filing. Because throughout the H1B period you need to maintain the employee-employer relationship as per this memo. So no one is safe.
So its time to decide our future and life. If you are complacent and soon you will pay the price. Act before its too late.
Lets take the bull by its horn. If you vote, post your details in this thread. otherwise there no use of voting.
I know it hurts , but this was necessary to stop the misuse of H1B program.
The H1B was never meant to be used by Body shoppers.
First they came for the communists, and I did not speak out�because I was not a communist;
Then they came for the trade unionists, and I did not speak out�because I was not a trade unionist;
Then they came for the Jews, and I did not speak out�because I was not a Jew;
Then they came for me�and there was no one left to speak out."
The Insightful Immigration Blog � Commentaries on Immigration Policy, Cases and Trends: NEW USCIS MEMO ON EMPLOYER-EMPLOYEE RELATIONSHIP FOR H-1B PETITIONS: IS IT A WAY TO KEEP CERTAIN WORKERS OUT? (http://cyrusmehta.blogspot.com/2010/01/new-uscis-memo-on-employer-employee.html)
http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
Here I want to know how many IV members are in H1B and going to suck into this and how many are ready for the fight. In terms of money and time. Remember, you may not be travelling out of the country anytime soon. But when you are filing for I-485, USCIS can deny because you are not in status at the time of filing. Because throughout the H1B period you need to maintain the employee-employer relationship as per this memo. So no one is safe.
So its time to decide our future and life. If you are complacent and soon you will pay the price. Act before its too late.
Lets take the bull by its horn. If you vote, post your details in this thread. otherwise there no use of voting.
I know it hurts , but this was necessary to stop the misuse of H1B program.
The H1B was never meant to be used by Body shoppers.
hairstyles gman in portal 2,
ndbhatt
11-01 05:15 PM
I hear people say that there is reverse brain drain. But this is not completely true. I cannot quantify in numbers but there are certainly few people, I know of, who have migrated to countries like Canada and Australia.
I will not call it as reverse brain drain but diversion of brain drain to other pastures that may be worthy from individuals standpoint.
Reasons could be endless, to name a few - stagnancy in career growth, frustration for wait for GC, inability to invest further in housing for job insecurity, longer time for family union (ageing parents), save kids from western culture, etc.. etc.
I have heard one of the above reasons, while there could be more, from people who want to vent out their frustations. But rest assured very few choose to put it to action at the end of the day.
My two cents - don't bash others. I believe that all of us go through this turmoil at some point or the other.
Let's stay focussed on what you want. Most of us, if not all, are here for better life, career growth, money ;), etc and if other countries offer better prospects and meet majority of ones expectations, most likely, we will consider the options. I think, to a certain extent, we are patriotic to our ownself or if may call - opportunist.
Given a scenario. EU Blue card gives better option (though not sure if it will :p) flow to newer pastures is inevitable and unstoppable. This may not appeal to 100% of the readers but it's one of the faces of dice.
I will not call it as reverse brain drain but diversion of brain drain to other pastures that may be worthy from individuals standpoint.
Reasons could be endless, to name a few - stagnancy in career growth, frustration for wait for GC, inability to invest further in housing for job insecurity, longer time for family union (ageing parents), save kids from western culture, etc.. etc.
I have heard one of the above reasons, while there could be more, from people who want to vent out their frustations. But rest assured very few choose to put it to action at the end of the day.
My two cents - don't bash others. I believe that all of us go through this turmoil at some point or the other.
Let's stay focussed on what you want. Most of us, if not all, are here for better life, career growth, money ;), etc and if other countries offer better prospects and meet majority of ones expectations, most likely, we will consider the options. I think, to a certain extent, we are patriotic to our ownself or if may call - opportunist.
Given a scenario. EU Blue card gives better option (though not sure if it will :p) flow to newer pastures is inevitable and unstoppable. This may not appeal to 100% of the readers but it's one of the faces of dice.
abhisec
03-13 03:28 PM
http://travel.state.gov/visa/frvi/bulletin/bulletin_4177.html
If some body already posted this other Mumbai consuate...please ignore this...
All Numbers are same as Mumbai Consulate.
Thanks
Thank you very much for posting this. This was not refreshed on the main visa bulletin page - how did you manage to find it out? :D
If some body already posted this other Mumbai consuate...please ignore this...
All Numbers are same as Mumbai Consulate.
Thanks
Thank you very much for posting this. This was not refreshed on the main visa bulletin page - how did you manage to find it out? :D
nixstor
07-27 10:13 AM
va_labor,
totally concur with your opinion.
totally concur with your opinion.
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